GOA
EMPLOYMENT (CONDITIONS OF SERVICE) AND RETIREMENT BENEFIT ACT, 2001 THE GOA EMPLOYMENT (CONDITIONS OF SERVICE) AND RETIREMENT BENEFIT
ACT, 2001 [Act No. 35 of 2001] [8th May, 2001] AN ACT To provide for retirement
benefits to certain classes of workmen in various employments. Whereas it is considered
expedient to provide for certain retirement benefits to certain classes of
workmen in various employment after they cease to be in employment on the
grounds of retirement, ill-health, non-availability of employment/unemployed
and in absence of any guarantee of any social security benefits because of
casual or temporary nature of work and interrupted service. Be it enacted by the
Legislative Assembly of Goa in the Fifty Second year of the Republic of India
as follows:-- (1)
This Act may be called the Goa Employment (Conditions of Service)
and Retirement Benefit Act, 2001. (2)
It shall extend to the whole of the State of Goa. (3)
It shall be deemed to have come into force with effect from
19-9-2001: Provided that the
Government may, by notification, appoint different dates for different types of
industrial establishments. Provided further that if
the Government considers it necessary or expedient to do so, it may postpone or
relax to such extent as may be mentioned in the notification, the operation of
all or any of the provisions of this Act for such period as deemed fit. and
from such dates as may be specified therein. (4) It shall
apply to persons employed in any factory, either directly or through a
contractor, and to persons in any industrial or other establishments including
employed by any employer in any scheduled employment under the Minimum Wages
Act, 1948 (Central Act XI of 1948). In this Act, unless there
is any thing repugnant in the subject or context,-- (a)
"adolescent" means a person who has completed fourteen
years of age but has not completed eighteen years: (b)
"adult" means a person who has completed eighteen years
of age; (c)
"beneficiary" means a workman registered under section
3(1) of this Act; (d)
"Commissioner' means the Commissioner of Labour, of the
Government or such other Officer not below the rank of Assistant Labour
Commissioner as may be notified by the Government; (e)
"competent authority" means any authority as may be
notified by the Government in this regard or a Board that may be constituted by
the Government by notification in the Official Gazette; (f)
?continuous service"' shall have the same meaning as assigned
to it and defined under the Industrial Disputes Act. 1947 (Central Act 14 of
1947); (g)
"contribution" means any sum of money payable by an
employer as employers' contribution for retirement benefits payable to any
workman to be deposited with the Government in the manner notified by the
Government; (h)
" department" means any department of the Government and
includes divisions and sections of such department; (i)
"dependent" means the dependent of a workman who is a
beneficiary under this Act and shall include a dependent as defined under the
Workmen's Compensation Act, 1923 (Central Act 8 of 1923); (j)
"employer' means in relation to establishment, the owner
thereof and includes:- (i)
in relation to any work earned on, by or under the authority of
any department of (he Government directly with or without contractor, the head
of such department or division or the authorities as may be specified by such
head of department; (ii)
in relation to any work carried on, by or behalf of a local
authority, the Chief Executive of such local authority; (iii)
in relation to work carried on by a contractor, such contractor; (iv)
in relation to any other establishment, a person having charge of
or owing or having ultimate control over the affairs of such establishment and
includes the manager, agent or other person acting in the general management or
control of such establishment, and shall include in relation to a factory, the
owner or the occupier of the factory including his managerial agent; (v)
in relation to any other establishment, the person responsible for
the supervision and control of the establishment including one who employs a
person for any services to be rendered and includes any person defined as
employer under section 2(e) of the Minimum Wages Act, 1948 (Central Act XI of
1948); (k)
'.'employed person" means a workman and includes the legal
representative of the deceased workman; (l)
"factor)'" means a factory as defined under the
provisions of Factories Act. 1948 (Central Act 63 of 1948); (m)
"Government" means the Government of Goa; (n)
"industrial establishment' means any establishment, operation
or process belonging to or under the control of the Government. local
authority, any body corporate or firm, an individual or association or other
body of individuals and includes:- (i)
"an establishment" defined under the Goa. Daman and Diu
Shops and Establishments Act. 1973 (Act 13 of 1974); (ii)
a motor transport undertaking as defined under the Motor Transport
Workers Act. 1961 (Central Act 27 of 1963); (iii)
a plantation as defined under the Plantations Labour Act, 1951
(Central Act 69 of 1951); (iv)
an inland vessel mechanically propelled including a barge; (v) a
mine, quarry or oilfield, or a minor port; (v)
a workshop or other establishment in which articles are produced,
adapted or manufactured, with a view to their use, transport or sale; (vi)
an establishment in which any work relating to the construction,
development or maintenance of building roads, bridges or canals, or relating to
operations connected with navigation, irrigation or the supply of water, or
relating to the generation, transmission and distribution of electricity or any
other form of power is being carried on; (vii)
any other establishment or class of establishment which the State
Government may, having regard to the nature thereof, (viii)
the need for protection of persons employed therein and other
relevant circumstances, specify, by notification in the Official Gazette but
shall not include an establishment in employment in agriculture or a self
employed professional in establishment; (ix)
a factory as defined under the provisions of the Factories Act,
1948 (Central Act 63 of 1948); (o)
"inspector" means an inspector notified under this Act
and includes a person vested with powers of inspector under Goa, Daman and Diu
Shops and Establishment Act, 1973 (Act 13 of 1974) and also includes an
inspector appointed under the provisions of the Minimum Wages Act, 1948
(Central Act 11 of 1948); (p)
"prescribed" means prescribed by rules made under this
Act. (pp)
"registering officer' means any officer as may be notified by the Government
in this regard for the purpose of sub-section (1) of Section 3 of this Act; (q)
"wage" means all remuneration paid or payable, in cash
and in kind to an employed person, if the terms of the contract of employment,
express or implied, were fulfilled and includes any payment to an employed
person in respect of any period of authorised leave, lockout, strike which is
not illegal or lay-off and other additional remuneration, if any, paid at
intervals not exceeding two months; (r)
"wage period" in relation to an employee, means the
period in respect of which wages are ordinarily payable to him, whether in
terms of the contract of employment, express or implied or otherwise; (s)
"work permit" means the identity card issued under
Section 4 of this Act: (t)
"workman" means any person including a trainee employed
in any industrial establishment to do any work for wages or for hire or reward
but shall not include an agricultural labourer; (1) Every
workman already in employment, on the date on which this Act comes into force,
in any industrial establishment, operation or process to which this Act
applies, shall, within a period of ninety days from date of commencement of
this Act have to be registered by his employer with such registering-officer
notified in this behalf by the Government. "(1
-A) Every employer shall ensure that every workman employed by him in any
industrial establishment to which this Act applies, is issued an identity card
by the authorized agency containing such details as may be notified by the
Government in this behalf and the cost of the identity card shall borne by the
employer. The employer, after issue of such identity card to the workman,
shall, at no time dispossess the workman of the same either during employment
or otherwise.", (2) Any
person seeking employment in any establishment, operation or process or in any
such employment in the State of Goa shall have to get himself registered with
competent authority and shall be issued an identity card giving such details as
may be notified by the Government in this behalf indicating the specimen of
such identity card: "Provided that the
Government may by notification, authorize any agency to issue such identity
card to such person and the expenses towards the issuance of such identity card
shall be borne by such person."; (3) A workman
who loses the identity card issued to him under sub -section (1-A) or
sub-section (2) as the case may be, shall immediately make a report about the
loss of the identity card to the authorized agency or the competent authority,
as case may be, as well as to the employer and shall apply for a duplicate card
on payment of prescribed charges. Every workman seeking
temporary or permanent employment in the State of Goa and employed in any
industrial establishment for any type of job irrespective of the nature of work
or employed in any scheduled employment under the Minimum Wages Act, 1948
(Central Act 11 of 1948) or in any construction activity or any project for
jobs of temporary and casual nature shall be issued identity card by the
competent authority giving such details as may be notified by the Government
under sub-section (2) of Section 3 of this Act which shall be considered as a
work permit which such workman shall produce on demand to the inspector
appointed or any such authority appointed under this Act, provided, however,
that in case of person or persons employed on temporary basis for a period less
than eight days, such persons shall be required to apply for and secure a
temporary work permit to be granted by the competent authority in lieu of the
identity card. (1)
No Employer of an establishment to which this Act applies shall
employ and engage a workman without such workman having been registered under
this Act and possessing the Identity Card or permit as provided for under this
Act. (2)
Every workman seeking any employment in any establishment shall
produce his identity card before the said employer for enabling the employer to
enter the details of the Identity Card in the register of workman. No Contribution by an
employer shall be required to be made in accordance with the provisions of
Section 8 in respect of a workman who has been registered under this Act and
issued such identity card after he secures a job of permanent nature having
completed 240 days of work as continuous service in any factory or industrial
establishments, operation or process or in any public undertaking "or if
his monthly wages exceed rupees six thousand five hundred or he has compleied
the age of fifty years". Every employer shall
maintain a register of workman employed giving the details of his name and code
number of his identity card showing the details of employer's contribution,
wage period-wise and this register shall be produced on demand by an inspector. Every employer engaging
workman with such identity card shall deposit in the Government Treasury an
amount equivalent to 5% of the total gross wages of the workman every month
within 21 days from the pay day as employers contribution towards retirement
benefit and such deposits shall be made in the Government Treasury under such
head of account as may be notified by the Government in the Official Gazette
and such employer shall also furnish to the competent authority and to such
other agency as may be notified by the Government, monthly returns showing
details of contribution in respect of individual workman in the prescribed
form: Provided that no such
employer shall be liable to deposit such amount after the workman is absorbed
as a regular employee after he has put in 240 days of continuous service: Provided further that no employer
shall be liable to make contribution in respect of the workman who has
completed the age of fifty years or whose monthly wages exceed rupees six
thousand five hundred. The contribution made by
such employer in respect of a workman in such workman's account and deposited
with the Government shall become payable alongwith the accrued interest to such
workman on his attaining the age of fifty years; or his dependent, heirs, as
the case may be, in case of death of the workman before he attains the age of
fifty years whichever is earlier. Any workman eligible for
the above payment shall apply in the prescribed manner to the competent
authority and the competent authority shall, after having satisfied itself
about the claim, effect the payment, in such manner as may be prescribed. The amount deposited by the
employer in the Government's treasury in favour of the workman who has been
issued identity card shall bear interest at the rate of 6% or at such increased
or decreased rates as may be notified by the Government from lime to lime. (1)
An amount payable under the provisions of Section 8 of this Act to
be deposited with the Government, if not deposited by an employer, the same
shall be recovered by the competent authority, from such employer as arrears of
land revenue alongwith additional amount equivalent to the amount payable. (2)
Any amount which has not been so deposited as required under the
provisions of this Act, shall be recovered upon issuance of recovery
certificate to be issued by the Commissioner or such other Officer notified to
be a Commissioner under Section 2(d) of this Act. (3)
If a contractor engaging any workman fails to make a deposit
within the prescribed period or makes short payments, then the principle
employer shall be liable to deposit such amount in the Government treasury in
full or the unpaid balance, as the case may be, and shall be entitled to
recover the amount from the said contractor, either by deductions from any
amount payable to the contractor under any contract or as a debt payable by the
contractor. An employer who engages any
workman without his possessing an identity card, for a wage period exceeding
one such wages period shall constitute an offence under this Act punishable
with a fine which may extend to rupees five thousand. If any person contravenes
any of the provisions of this Act or of any rules made thereunder for which no
other penalty is elsewhere provided, he shall be punishable with fine which may
extend to two thousand rupees. No court shall take
cognizance of a complaint against an employer under the Act, except on a
complaint made by or with the previous sanction in writing of an Inspector
under this Act
within six months from the date on which the offence or contravention is alleged
to have been committed. (1)
Any offence punishable under Section 12 or Section 13 and
committed after the commencement of this Act. may, either before or after the
institution of the prosecution, be compounded by such officer or authority and
for such amount as the Government may, by notification in the Official Gazette
specify in this behalf. (2)
Where an offence is compounded under sub-section (1), no
proceeding or further proceeding as the case may be, shall be taken against the
offender in respect of the offence so compounded." The Government may, by
notification in the Official Gazette, exempt, subject to such conditions and
restrictions as it may impose any class of industrial premises, or
establishments or class of employers or employees from all or any of the
provisions of this Act or of any rules made thereunder. if any difficulty arises in
giving effect to the provisions of this Act. the Government may, by an order
published in the Official Gazette, make such provisions not inconsistent with
the provisions of this Act, as appears to it to be necessary or expedient for
removing the difficulties. (1)
The Government may make rules for carrying out the purpose of this
Act as may be required. (2)
Every rule made under this Act shall, immediately after it is
made, be laid before the Legislative Assembly of Goa if it is in session and if
it is not in session, in the session immediately following, for a total period
of fourteen days which may be comprised in one session or in two successive
sessions, and if before the expiration of the session in which it is so laid or
the session immediately following, the Legislative Assembly agrees in making
any modification in the rule or in the annulment of the rule, the rule shall
thereafter have effect only in such modified form or shall stand annulled, as
the case may be, so however that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
Preamble - THE GOA EMPLOYMENT (CONDITIONS OF SERVICE) AND
RETIREMENT BENEFIT ACT, 2001PREAMBLE