[Act No. 09 of 2022] [17th August,
2022] An Act further
to amend the Goa Labour Welfare Fund Act, 1986 (Act No. 4 of 1987). Be it enacted by the Legislative
Assembly of Goa in the Seventy-third Year of the Republic of India as
follows:-- (1)
This
Act may be called the Goa Labour Welfare Fund (Amendment) Act, 2022. (2)
It
shall come into force at once. After section 29 of the Goa Labour
Welfare Fund Act, 1986 (Goa Act 4 of 1987), the following section shall be
inserted, namely:-- "29A Compounding
of Offences.-- (1)
Any
offence punishable under this Act, not being an offence punishable with
imprisonment only, or with imprisonment and also with fine, may, on an
application of the accused person, either before or after the institution of
any prosecution, be compounded by such Officer, as the Government may, by notification
in the Official Gazette, specify, for a sum equivalent to seventy-five percent
of the maximum fine provided for such offence, in such manner as prescribed. (2)
Nothing
contained in sub-section (i) shall apply to an offence committed by a person
for the second time or thereafter within a period of five years from the
date,-- (a)
of
commission of a similar offence which was earlier compounded; (b)
of
commission of a similar offence for which such person was earlier convicted. (3)
Every
officer referred to in subsection (1) shall exercise the powers to compound an
offence, subject to the direction, control and supervision of the Government. (4)
Every
application for the compound-ding of an offence shall be made in such form and
in such manner as may be prescribed. (5)
Where
any offence is compounded before the institution of any prosecution, no
prosecution shall be instituted in relation to such offence, against the
offender in relation to whom the offence is so compounded. (6)
Where
the composition of any offence is made after the institution of any
prosecution, such composition shall be brought by the officer referred to in
subsection (1) in writing to the notice of the court in which the prosecution
is pending and on such notice of the composition of the offence being given,
the person against whom the offence is so compounded shall be discharged. (7)
Any
person who fails to comply with an order made by the officer referred to in
sub-section (2), shall be liable to pay a sum equivalent to twenty percent of
the maximum fine provided for the offence, in addition to such fine. (8)
No
offence punishable under the provisions of this Act shall be compounded except
under and in accordance with the provisions of this section".GOA LABOUR WELFARE FUND (AMENDMENT) ACT,
2022
PREAMBLE