The Factories (Goa Amendment) Act, 2020

Short title and commencement.— (1)

This Act may be called the Factories (Goa Amendment) Act, 2020.

1. (2) The provisions of section 2 and section 4 of this Act shall be deemed to have come into force on the 7th day of July, 2020 and the provisions of section 3 shall come into force at once.

Amendment of section 2.— In section 2 of the Factories Act, 1948 (Central Act 63 of 1948), as in force in the State of Goa (hereinafter referred to as the “principal Act”), in clause (m),—

1. (i) in sub-clause (i), for the words “ten or more workers”, the words “twenty or more workers” shall be substituted;
2. (ii) in sub-clause (ii), for the words “twenty or more workers”, the words “forty or more workers” shall be substituted.

Insertion of new section 5A.— After section 5 of the principal Act, the following section shall be inserted, namely:—

“5A. Power to exempt in public interest.— Where the State Government is satisfied in the public interest that it is necessary to create more economic activities and employment opportunities, it may, by notification in the Official Gazette, exempt, subject to such conditions as it may think fit, any new factory or class or description of new factories which are established and whose commercial production start, from all or any of the provisions of this Act for a period of one thousand days from the date on which such commercial production start.

Explanation:— For the purposes of this section, the expression “new factory or class or description of new factories” means such factory or class or description of factories which are established and whose commercial production start within a period of one thousand days from the date of commencement of the Factories (Goa Amendment) Act, 2020.”.

Amendment of section 85.— In section 85 of the principal Act, in sub-section (1), in clause (i), for the words “ten” and “twenty”, the words “twenty” and “forty” shall be respectively substituted.

Repeal and Savings.—

1. (1) The Factories (Goa Amendment) Ordinance, 2020 (Ordinance No. 9 of 2020) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. 1. Short title and commencement Short title and commencement.—
3. (1) This Act may be called the Factories (Goa Amendment) Act, 2020.
4. (2) The provisions of section 2 and section 4 of this Act shall be deemed to have come into force on the 7th day of July, 2020 and the provisions of section 3 shall come into force at once. 2. Amendment of section 2A Amendment of section 2A.— In section 2A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as in force in the State of Goa (hereinafter referred to as the “principal Act”),—
   • (i) in sub-section (3), for the words “three years”, the words “one year” shall be substituted;
   • (ii) after sub-section (3), the following sub-section shall be inserted, namely:—

“(4) Notwithstanding anything

contained in sub-sections (1),

1. (2) and (3), no such dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised before conciliation officer within a period of one year from the date of such discharge, dismissal, retrenchment or termination: Provided that an authority, as may be specified by the State Government, may condone the delay beyond such period of one year if the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of one year.”. 1. Short title and commencement Short title and commencement.—
2. (1) This Act may be called the Industrial Disputes (Goa Amendment) Act, 2020.
3. (2) It shall be deemed to have come into force on the 26th day of June, 2020. 2. Amendment of section 65 Amendment of section 65.— In section 65 of the Factories Act, 1948 (Central Act 63 of 1948), as in force in the State of Goa (hereinafter referred to as the “principal Act”),—
   • (i) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) The Chief Inspector may, by written order, exempt, on such terms and conditions as may be prescribed, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.”;
   • (ii) in sub-section (3),-
   • (a) in clause (iii), for the word “sixty”, the word “seventy-two” shall be substituted;
   • (b) in clause (iv), for the word “seventy- -five”, the words “one hundred and twenty-five” shall be substituted. 3. Amendment of section 66 Amendment of section 66.— In section 66 of the principal Act, in sub-section (1), in clause
   • (b) , for the existing proviso, the following

proviso shall be substituted, namely:—

“ Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), and also specify the conditions for ensuring the safety of women who work in any factory or manufacturing process between the hours of 7 p.m. and 6 a.m.”.

4. Insertion of new section 92A Insertion of new section 92A.— After section 92 of the principal Act, the following section shall be inserted, namely:— “92A. Compounding of certain offences.—

1. (1) The State Government may, by notification in the Official Gazette, prescribe fine in respect of the offences specified in the Fourth Schedule which shall not be more than the fine specified under section 92, and the Chief Inspector or the Inspector may compound such offence before or after institution of the prosecution for such amount: Provided that, the offence to be compounded does not involve any contravention of any of the provisions of this Act or of any rules made thereunder resulting in an accident causing death or serious bodily injury or dangerous occurrence: Provided further that, the State Government may, by notification in the Official Gazette, amend the Fourth Schedule by way of addition, omission or variation of any offence specified in the said Schedule.
2. (2) Where an offence has been compounded under sub-section (1),—
   • (i) before the institution of the prosecution, the offender shall not be liable to prosecution in respect of such offence;
   • (ii) after the institution of the prosecution, such compounding shall be brought by the Chief Inspector or the Inspector in writing, to the notice of the court in which the prosecution is pending and on such notice of the compounding of offence being given, the offender shall be discharged.” 5. Amendment of section 105 Amendment of section 105.— In section 105 of the principal Act, in sub-section (1), for the expression “an Inspector” the expression “the Chief Inspector” shall be substituted.

Amendment of section 106.— In section 106 of the principal Act, for the expression “three months”, the expression “six months” shall be substituted.

Insertion of new Schedule – After Third Schedule appended to the principal Act, the following Schedule shall be inserted, namely:— ––––––––

“THE FOURTH SCHEDULE

(See section 92A) List of compoundable offences

thereunder 1 2 3

the provisions.

for drinking water as per the provisions.

1. (a) Not providing the

Spittoons spittoons as per the

provisions.

1. (b) Spitting in contra- vention of sub-section (3) of section 20.

provisions.

storing and drying of wet clothing

sitting

1. (2) and
2. (3) of maintaining first-aid

appliances

Canteens taining canteen as per the

provisions.

11.

Section 50 – Not complying with the

-ment this Chapter

1. (5) Not maintaining the pres-

of section 59 – cribed registers.

Extra wages for overtime

Restriction on employment on any day.

double employment

Notice of periods provisions.

of work for adults

Register of adult as per the provisions.

workers

Hours of work to provisions.

correspond with notice under section 61 and register under section 62

Power to make framed under section 64.

exempting rules

orders

Annual leave provisions.

with wages

Wages during provisions.

leave period

Payment in provisions.

advance in certain cases

Mode of provisions.

recovery of unpaid wages

Power to make as per rules and not com- rules plying with the provisions. 26. Section 84 – Not complying with the Power to conditions specified in the exempt factories exempting order. 27. Section 93 – Not complying with the Liability of provisions contained in owner of sub-section (1) and clauses premises in (i) and (vi) of sub-section (3). certain circumstances

Offences by provisions.

workers

Display of provisions.

notices

workers

Right of workers, etc.

No charge for worker for providing any facilities and facility under the Act.”.