LexThe Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025
Goa · state statute
Open in Lexace · Ask the AI about this act---1--- GOVERNMENT OF GOA Department of Law Legal Affairs Division Notification 7/29/2025-LA/143 Date : 01-Oct-2025 The Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025 (Goa Act 23 of 2025), which has been passed by the Legislative Assembly of Goa on 07/08/2025 and assented to by the Governor of Goa on 19/09/2025, is hereby published for the general information of the public. Dnyaneshwar Raut Dessai, Joint Secretary (Law). Porvorim. The Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025 (Goa Act 23 of 2025) AN ACT [19/09/2025] to provide for the regulation of conditions of employment and other conditions of service of workers employed in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of Goa in the Seventy -sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent, application and commencement .— (1) This Act may be called the Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025. (2) It shall extend to the whole of the State of Goa. (3) The provisions of this Act, except section 7, shall apply to the establishments employing twenty or more workers and the provisions of section 7 shall apply to the establishments employing less than twenty workers. (4) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Definitions.— In this Act, unless the context otherwise requires,— (a) “Chief Facilitator” means the Chief Facilitator appointed as such under section 31 of this Act; ---2--- (b) “child” means a person who has not completed his fourteenth years of age; (c) “commercial establishment” means any establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes,— (i) a society registered under the Societies Registration Act, 1860 (Central Act XXI of 1860) or charitable or other trust, whether registered or not, which carries on, whether for purposes of gain or not, any business, trade or profession or work in connection with, or incidental or ancillary to, such business trade or profession; (ii) an establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant, insurance consultant or any other technical or professional consultant; and (iii) any other establishment which the Government may notify to be a commercial establishment, but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. (d) “day” means the period of twenty-four hours beginning at midnight; (e) “employer” means a person owning or having ultimate control over the affairs of an establishment, and includes,— (i) in the case of a firm or association of individuals, a partner or members of the firm or association; (ii) in the case of a company, a director of the company; (iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be; (iv) the manager, agent or other person acting in the general management or control of an establishment. (f) “establishment” means a shop, commercial establishment, resident ial hotel, restaurant, eating house, theatre or other place of public amusement or entertainment, to which this Act applies and includes such other establishment as the Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act; (g) “Facilitator-cum-Inspector” means a Facilitator-cum-Inspector appointed under Section 31 of this (h) “factory” means factory within the meaning of the Factories Act, 1948 (Central Act 63 of 1948); (i) “Government” means the Government of Goa; “holiday” means a day on which a worker shall be given a weekly off under the provisions of this Act; (j) “leave” means a leave provided for in Chapter V of this Act; (k) “local area” means any area or combination of areas to which this Act applies; (l) “local authority” means the Municipal Corporation of Panaji constituted under the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003), Municipalities constituted under the Goa Municipalities Act, 1968 (Act No. 16 of 1968), Panchayats constituted under the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), The Goa Industrial Development Corporation constituted under the Goa Industrial Development Act, 1965 (Act No. 22 of 1965), the Authority constituted under the Goa (Mopa Airport Develo pment Authority) Act, ---3--- 2018 (Goa Act 10 of 2018), the Authority under the Airports Authority of India Act, 1994 (Central Act No. 55 of 1994) and includes any other body which the Government may, by notification in the OfficialGazette, declare to be a local authority for the purposes of this Act; (m) “manager” means a person mentioned in the application under section 6 of this Act; (n) “member of the family of an employer” means the wife, husband, son, daughter, father, mother, brother or sister of an employer who li ves with and is dependent on such employer; (o) “opened” means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of, or connected with, the establishment; (p) “period of work” means the time during which a worker is at the disposal of the employer; (q) “prescribed” means prescribed by rules made under this Act; (r) “prescribed authority” means the Commissioner of Labour for the purposes of this Act; (s) “register of establishment” means a register maintained for the registration of establishments under this Act, either manually or in electronic format; (t) “registration certificate” means a certificate of the registration of an establishment; (u) “residential hotel” means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes residential club; (v) “restaurant or eating house” means any premises, in which, wholly or partially the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises is carried on, but does not include a restaurant attached to a theatre or restaurant or a canteen attached to a factory if the persons employed therein are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948); (w) “shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store -room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory; (x) “spread over” means the period between the commencement and the termination of the work of a worker on any day; (y) “theatre” includes any premises in tended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment; (za) “wages” means wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936); (zb) “week” means the period of seven days beginning at midnight of Saturday; (zc) “worker” means any person (except an apprentice under the Apprentices Act, 1961 (52 of 1961), employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied but does not include member of the family of an employer who is not in receipt of any wages; (zd) “young person” means a person who is not a child but has not completed eighteen years of age. ---4--- 3. Act not to apply to certain establishments and persons.— The provisions of this Act shall not apply to,-------- (1) Establishments of the Central and State Government; and their agencies, statutory and autonomous bodies; (2) Establishments of Local Authorities; (3) Establishments used for treatment or care of infirm, destitute or mentally unfit; (4) Establishments pertaining to any kind of educational activities excepting those where coaching or tuition classes are conducted by individual persons or any institutions other than those,— a) affiliated to any university established by law; or b) recognised by the Goa Board of Secondary and Higher Secondary Education under the Goa, Daman and Diu Secondary and Higher Secondary Education Board Act, 1975 (Goa Act No. 13 of 1975); or c) recognised by the Directorate of Education or the Directorate of Technical Education as a secondary or technical high school, Industrial Training Institute (I.T.I.), Polytechnic, Engineering Colleges or other technical institutions conducting courses recognised by Government; (5) A worker occupying position of confidential, managerial or supervisory character in an establishment, a list of which shall be displayed on the w ebsite of establishments and in absence of the website at a conspicuous place in the establishment and a copy thereof shall be sent to the Facilitators; (6) A worker whose work is inherently intermittent; (7) A member of the family of an employer; (8) A worker in any establishment whose average monthly wages exceed rupees twenty four thousand; (9) An establishment in bazaar or in places where fairs or festivals are held temporarily for a period not exceeding one month at a time. 4. Application of Act to other establishments and workers .— (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, declare any establishment or class of establishments to which, or any worker or person or class of workers or persons to wh om, this Act or any of the provisions thereof does not for the time being apply, to be an establishment or class of establishments or a worker or a person or class of workers or persons to which or whom this Act or any provisions thereof with such modifications or adaptations as may in the opinion of the State Government be necessary shall apply from such date as may be specified in the notification. (2) On such declaration under sub -section ( 1), any such establishment or class of establishments or such workers or person or class of workers or persons shall be deemed to be an establishment or class of establishments to which, or to be a worker or a person or class of workers or persons to whom, this Act, applies and all or any of the provision of this Act with such modification or adaptation as may be specified in such declaration, shall apply to such establishment or class of establishments or to such worker or persons or class of workers or persons. 5. Suspension of all or any of provisions of this Act .— The State Government may, by notification in the Official Gazette, suspend the operation of all or any of the provisions of this Act for such period and subject to such conditions as it deems fit on account of any holidays or occasions. ---5--- CHAPTER II REGISTRATION OF ESTABLISHMENTS 6. Registration of establishments .— (1) Within a period of sixty days from the date of commencement of this Act or the date on which establishment commences its business, the employer of every establishment employing twenty or m ore workers shall submit application online in a prescribed form for registration to the Facilitator -cum-Inspector of the local area concerned, together with such fees and such self declaration and self- certified documents as may be prescribed, containing— (a) the name of the employer and the manager, if any; (b) the postal address of the establishment; (c) the name, if any, of the establishment; (d) the actual nature of the business of the establishment; and (e) such other particulars as may be prescribed: Provided that, nothing contained hereinabove shall apply to the establishments already having valid registration or renewal under the Goa Shops and Establishments Act, 1973 (Goa Act No. 13 of 1974), until expiry of their registration or renewal. (2) On receipt of the applica tion along with documents and the fees online, the Facilitator-cum-Inspector shall, register the establishment in the register of establishments in such manner as may be prescribed and shall issue online, in a prescribed form, a registration certificate al ong with the Labour Identification Number (LIN) to the employer within the period of seven working days upon verifying the correctness of the application and documents attached thereto. In case the application is incorrect or the documents submitted are incomplete or incorrect the same shall be rejected. The registration certificate shall be produced whenever it is demanded by the Facilitator-cum-Inspector. (3) If the application is complete in all respect including the necessary documents and the Facilitator-cum-Inspector fails to register the establishment within the prescribed period specified in sub -section (2), such establishment shall be deemed to have been registered under this Act, immediately on the expiration of such period. (4) A registration certificate granted under sub-section (2) shall be valid for such period as may be requested by the applicant and specified therein subject to a maximum period of five years. An application for the renewal of a registration certificate shall be submitted online not less than thirty days before the date of expiry of the registration certificate or of the renewed registration certificate, as the case may be, and shall be accompanied by such fees, and the renewed registration certificate shall be issued by th e Facilitator-cum-Inspector within seven working days and the same shall be in such form, as may be prescribed. (5) If the application for the renewal of a registration certificate is submitted after the expiry of the period specified in sub-section (3), such application shall be accompanied by an additional fee as late fee equal to half of the fee payable for the renewal of a registration certificate. (6) If the Facilitator -cum-Inspector fails to renew the registration certificate within the prescribed period spec ified in sub-section (4), and the application is complete in all respect, such registration certificate shall be deemed to have been renewed under this Act, immediately on the expiration of such period. (7) In the event of any doubt or difference of opinion be tween an employer and the Facilitator-cum-Inspector with respect to any provisions of this Act, the Facilitator - ---6--- cum-Inspector shall refer the matter to the prescribed authority which shall, after inquiry as it thinks proper, decide the matter and its decis ion shall be final for the purposes of this Act. 7. Intimation of establishment employing less than twenty workers.— (1) Within a period of sixty days from the date of commencement of this Act or the date on which establishment commences its business, the emp loyer of every establishment employing less than twenty workers shall give an intimation of having commenced the business by submitting online application as may be prescribed, containing details such as name of the employer and manager, name of establishm ent, nature of business, number of workers and such other details as may be prescribed: Provided that, if at any point of time the number of workers engaged in the establishment become twenty or more, then all provisions of this Act shall apply to such establishment and the employer of such establishment shall have to obtain registration as per the provisions of section 6: Provided further that, nothing contained in this sub-section shall apply to the establishments already having valid registration or r enewal under the Goa Shops and Establishments Act, 1973 (Act No. 13 of 1974), until expiry of their registration or renewal. (2) The employer of such establishment employing less than twenty workers shall intimate within thirty days from the date of the cl osing of the business that the establishment has been closed for business in such form and manner as may be prescribed. 8. Cancellation of registration.— At any time, if it is found or brought to the notice of the Facilitator-cum-Inspector that the registration of any establishment has been obtained by misrepresentation or suppression of material facts or by submitting false or forged documents or false declaration or by fraud, and therefore, requires to be revoked, the Facilitator-cum-Inspector shall, after giving an opportunity of being heard, to the employer of the establishment, cancel the registration and remove such establishment from the register of establishments in the manner prescribed. 9. Change to be communicated to Facilitator -cum-Inspector.— Every employer shall digitally communicate to the Facilitator -cum-Inspector, in such form as may prescribed, any change in any of the particulars contained in the application submitted under section 6 within such period, after the change has taken place , as the Government may prescribe. The Facilitator -cum-Inspector shall, on receiving such notice and such fees as may be prescribed along with the self-declaration of the applicant and self certified documents as may be prescribed, make the change in the register of establishments in accordance with such notice and shall issue a fresh registration certificate online. 10. Closing of establishment to be communicated to Facilitator-cum-Inspector.— (1) The employer shall communicate to the Facilitator-cum-Inspector within thirty days from the date of closing of the business that the establishment has been closed for business in such form and manner, as may be prescribed. (2) The Facilitator-cum-Inspector on receiving the information and on being satisfied about its correctness, shall remove such establishment from the register of establishments and cancel the registration certificate: Provided that, if the Facilitator does not receive the information but he is otherwise satisfied that any establishment has been closed, he may remove such establishment from such register of establishments and cancel such certificate. ---7--- CHAPTER III OPENING AND CLOSING HOURS, HOURS OF WORK, INTERVAL FOR REST, SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF 11. Opening and closing hours of establishment.— Notwithstanding anything contained in this Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period. 12. Daily and weekly hours of work in establishment and interval for rest .— Subject to the other provisions of the Act, no adult worker shall be required or allowed to work in any establishment for more than ten hours in any day and forty -eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour: Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator-cum-Inspector. 13. Spread-over in establishments.— The spread-over of a worker in establishment shall not exceed twelve hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed fourteen hours. 14. Wages for overtime.— (1) Where a worker in any establishment is required to work beyond eight hours in a day excluding the rest time or forty eight hours a week, he shall be entitled in respect of the overtime work, wages at the rate of twice his ordinary rate of wages. (2) The total number of overtime hours shall not exceed one hundred and forty -four hours in a period of three months: Provided that in case the worker is required to work upto 10 hours excluding the rest time as normal working day, the overtime at the rate twice his ordinary rate of wages shall apply only when the worker works beyond 48 hours in a week. 15. Weekly holiday for worker.— (1) A department or any section of a department of the establishment may work in more than one shift at the discretion of the employer and if more than one shift is worked, the worker may be required to work in any shift at the discretion of the employer. (2) An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty - four consecutive hours of rest. (3) If a worker is denied weekly holiday, the compensatory holiday in lieu thereof shall be given within two months of such weekly holiday. (4) The period and hours of work in a week for all classes of workers in such shift shall be informed well in advance to all workers in writing and shall be sent to the Facilitator-cum-Inspector electronically or otherwise. (5) Where a worker is required to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages. (6) No deduction shall be made from the wages of any worker in an establishment on account of any day on which it has been a weekly holiday under this section. If a worker is employed on a daily wage, he shall nonetheless be paid his daily wage for the day of his weekly off. If a worker is paid a piece rated wage, he shall nonetheless be paid his wage for the day of his weekly holiday, at a rate equivalent to ---8--- the daily average of his wages for the days on which he has actually worked during the six days preceding such holiday, exclusive of any earning in respect of overtime: Provided that, nothing in this sub -section shall apply to any worker whose total period of continuous employment is less than six days. CHAPTER IV EMPLOYMENT OF WOMEN, CHILDREN AND YOUNG PERSONS 16. Employment of women.— (1) No woman worker shall be required or allowed to work in any establishment except between the hours of 7.00 a.m. and 7.30 p.m.: Provided that, the woman worker shall be allowed to work during 7.30 p.m. and 7.00 a.m. in any establishment, having provision of shelter, restroom, ladie s toilet, adequate protection and safety, protection from sexual harassment and facility of transportation from the establishment to their residence and subject to written consent of the woman worker. (2) Notwithstanding anything contained in the preceding sub-section, the State Government may, by Notification in the Official Gazette, in the public interest, prohibit or regulate the employment of women workers after 7.30 p.m. and before 7.00 a.m. in any establishment as it may deem fit. 17. Employment of child.— No child shall be employed or permitted to work in any establishment. 18. Employment of young persons .— No young person shall be required or allowed to work in any establishment before 6 a.m. and after 7 p.m. 19. Daily and weekly hours of work for young persons .— Notwithstanding anything contained in this Act, no young person shall be required or allowed to work in any establishment for more than 7 hours in any day and forty-two hours in any week nor shall such person be allowed to work overtime. CHAPTER V LEAVE WITH PAY AND PAYMENT OF WAGES 20. Leave.— (1) Every worker shall be allowed a weekly holiday with wages. (2) Every worker in any establishment shall be entitled in every calendar year,— (a) to leave with wages for a period of nine days, on the ground of any sickness incurred or accident sustained by him; and (b) to casual leave with wages for a period of six days on any reasonable ground: Provided that the sick leave and the casual leave shall laps if unavailed at the end of the year. (3) Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, earned leave with wages for a period of fifteen days. (4) Every worker shall be permitted to accumulate earned leave upto a maximum of forty- five days. (5) Where the employer refuses to sanction the leave under sub -section ( 3) which is due when applied, then the worker shall have a right to encash leave in excess of forty -five days. (6) A worker shall be entitled to nine paid hol idays in a calendar year, namely, Republic Day, Birth Anniversary of Dr. Babasaheb Ambedkar, May Day, Independence Day, ---9--- Ganesh Chaturthi, Gandhi Jayanti, Diwali, Goa Liberation Day and Christmas Day. For holiday on these days, he shall be paid wages at a r ate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls: Provided that, the employer may require any worker to work in the establishment on all or any of these days, sub ject to the conditions that for such work, the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday. (7) For the purpose of sub-section (3),— (a) any days of lay -off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946 (Central Act 26 of 1946); (b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961 (Central Act 53 of 1961); (c) the leave earned in the year prior to that in which the leave is availed; or (d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment, shall be deeme d to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days. (8) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave. (9) Every worker shall be paid for the period of his leave earned under sub -section (3) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime. CHAPTER VI WELFARE PROVISIONS 21. Health and safety of workers.— (1) Every employer shall take such measures relating to the health and safety of the workers including cleanliness, lighting, ventilation and prevention of fire as may be prescribed. (2) Every employer shall be responsible for providing constant adequate supervision of the workers employed in the establishment and to ensure the compliance with the rules relatin g to health and safety made under sub -section ( 1) and for taking steps necessary to prevent accidents. 22. First-aid.— Every employer shall provide at the place of work first-aid facilities as may be prescribed. 23. Drinking water.— The employer shall make effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed in the establishment, a sufficient supply of wholesome drinking water. 24. Latrines and urinals.— The employer shall provide sufficient latrine and urinal for men and women as may be prescribed and these shall be so conveniently situated as may be accessible for the workers employed in the establishment: Provided that, several employers may provide common facilities of latrines and urinals, in case it is not possible, in an establishment due to constraint in space or otherwise. 25. Creche facility .— In every establishment wherein fifty or more workers are employed, there shall be provided and maintained a suitable room or rooms as crèche for ---10--- the use of children of such workers: Provided that, if a group of establishments, so decide to provide a common creche within a radius of one kilometre, then, the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order. 26. Canteen.— The State Government shall require the employer to provide and maintain in the establishment, wherein not less than one hundred workers are employed or ordinarily employed to maintain a canteen for the use of its workers: Provided that, if a group of establishments, so decide to provide a common canteen, then the same shall be permitted by the Chief Facilitator by an order, subject to such conditions as may be specified in the order. CHAPTER VII RECORDS AND RETURNS 27. Maintenance of registers and records.— (1) Every employer shall maintain such registers and records, as may be prescribed. (2) The records may be maintained electronically or manually: Provided that, at the time of inspection by a Facilitator -cum-Inspector, a hard copy of such records if demanded, shall be submitted duly signed by the employer or his representative. (3) Every employer and in his absence the manager shall on demand produce for inspection of Chief Facilitator and Facilitator -cum-Inspector all registers, records and notices required to be kept under and for the purposes of this Act. (4) All such registers and records shall be kept in the premises of the establishments to which they relate. 28. Annual Return.— The employer of an establishment shall furnish an annual return, in such a form and in such manner (including electronic form), to such authority as may be prescribed. 29. Appointment Letter .— Every employer shall give an order of appointment to his worker in the establishment before such worker joins the service: Provided that in the case of a worker in the service at the commencement of this Act, the employer shall give such order of appointment within a period of three months from the date of such commencement. 30. Employer to furnish identity card to worker.— The employer of an establishment shall furnish to every worker an identity card which shall be produced by the worker on demand to Facilitator -cum-Inspector. Such card shall contain the following and such other particulars as may be prescribed, namely:— (a) the name of the employer; (b) the name, if any, and the postal address, of the establishment; (c) the name and date of birth of the worker; (d) date of joining, department, nature of work, designation; (e) the signature (with date) of the employer or manager. CHAPTER IX ENFORCEMENT AND INSPECTION 31. Appointment of Chief Facilitator and Facilitator -cum-Inspector and their powers .— (1) The State Government may, by Notification in the Official Gazette, appoint a Chief ---11--- Facilitator who shall, in addition to the powers conferred o n a Chief Facilitator under this Act, exercise the power of a Facilitator-cum-Inspector throughout the State. (2) The State Government may, by Notification in the Official Gazette, appoint such persons who possess such qualification as may be prescribed, to be the Facilitator- cum-Inspector, for the purposes of this Act, and may assign to them such local limits as it may think fit. (3) The State Government may prescribe a scheme for randomized inspection of establishments which shall provide for generation of a web-based inspection schedule. (4) Subject to such conditions as may be prescribed, a Facilitator -cum-Inspector may, within the local limits for which he is appointed— i. advice the employers and workers and provide them such information as may be considered necessary for complying with the provisions of this Act effectively; (3) inspect the establishment in accordance with the scheme for inspection referred to in sub-section (3) or otherwise, and may— (a) enter, at all reasonable time and with such assistants, if any, being persons in the service of the Government or of any local authority as he thinks fit, any place which is or which he has reason to believe is an establishment; (b) make such examination of the premises and of any prescribed registers, records and not ices, and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out the purposes of this Act; (c) examine any person who is found in any premises of the establishment and whom, the Facilitator-cum-Inspector has reasonable cause to believe, is a worker of the establishment; (d) require any person to give any information, which is in his power to give with respect to the names and addresses of the persons; (e) search, seize or take copies of such register, record of wages or notices or portions thereof as the Facilitator-cum-Inspector may consider relevant in respect of an offence under this Act and which the Facilitator-cum-Inspector has reason to believe has been committed by the employer; (f) bring to the notice of the State Government defects or abuses not covered by the law for the time being in force; and (g) exercise such other powers, as may be prescribed: Provided that, no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself. (5) The Chief Facilitator shall apart from exercising all the powers and functions of the Facilitator control and supervise the functioning of the Facilitator -cum-Inspector and may assign or reassign the area of work of the Facilitator-cum-Inspector subject to the jurisdiction of the local area. (6) Any person required to produce any document or to give any information required by Chief Facilitator and Facilitator-cum-Inspector appointed under sub-sections (1) and (2) shall be deemed to be legally bound to do so within the meaning of sections 210 and 211 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023). (7) The provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) shall, apply to the search or seizure under sub-clause (e) of clause ( ii) of sub-section ( 4) as they apply to the search or seizure made under the authority of a warrant issued under section 97 of the said Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023). (8) Every Chief Facilitator and Facilitator-cum-Inspectors appointed under sub - ---12--- sections (1) and (2) shall be deemed to be a public servant within the meaning of sub - section 28 of Section 2 of the Bhartiya Nyaya Sanhita, 2023 (Central Act 45 of 2023). CHAPTER X OFFENCES AND PENALTIES 32. Penalty for contravention of provisions of this Act .— (1) Whoever, contravenes the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues: (2) If any person who has been convicted of any offence punishable under sub- section (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punished on a subsequent conviction with fine which may extend to twenty thousand rupees. 33. Penalty for contravention of provisions of this Act which resulted in acciden t.— Save as otherwise expressly provided in this Act, where an employer on being held guilty of contravention of any of the provisions of this Act or any rules made there -under which has resulted in an accident causing serious bodily injury or death of a worker, he shall , on conviction, be punished with fine which shall not be less than twenty -five thousand rupees and which may be extended upto one lakh rupees. 34. Penalty for obstructions or refusal to provide register, etc .— (1) Whoever, wilfully obstructs the Facilitator-cum-Inspector in exercise of any powers conferred on him by or under this Act or refuses or wilfully neglects to afford a Facilitator -cum- Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this Act in relation to an establishments, shall, on conviction, be punished with fine which may extend to ten thousand rupees. (2) Whoever, wilfully refuses to produce on the demand of a Facilitator -cum- Inspector any register or other document kept in pursuance of this Act or the rules made thereunder or prevents or attempts to prevent or does anything which he has reason to believe to prevent any person from appearing before, or being examined by, a Facilitator-cum-Inspector acting in pursuance of his duties under this Act, shall, on conviction, be punished with fine which may extend to ten thousand rupees. 35. Cognizance of offences.— (1) No court shall take cognizance of any offence punishable under this Act and the rules made thereunder unless a complaint in respect thereof is made by the Facilitator -cum-Inspector within six months of the date on which the alleged commission of the offence came to the knowledge of the Facilitator-cum- Inspector. (2) No court inferior to that of a Judicial Magistrate of the First Class shall try any offence punishable under this Act or the rules made thereunder. 36. Compounding of offences .— (1) Any offence punishable under this Act, on an application of the accused person, either before or after th e institution of any prosecution, be compounded by a Gazetted Officer, as the State Government may, by Notification, specify, with fine provided for such offence, in the manner as may be prescribed. (2) Nothing contained in sub -section (1) 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 similar offence for which such person was earlier convicted. ---13--- (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the State Government. (4) Every application for the compounding of an offence shall be made in such form and 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 compounding of any offence is made after the institution of any prosecution, such compounding shall be brought by the officer referred to in sub -section (1) in writing, to the notice of the Court in which the prosecution is pending and on such notice of th e compounding 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 ( 1), shall be liable to pay a sum equivalent to twenty per cent 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. CHAPTER XI MISCELLANEOUS 37. Power to exempt.— The State Government may, by Notification in the Official Gazette, exempt from the operation of all or any of the provisions of this Act or rules, any establishment or class thereof or any employer or worker or person or class of employers or workers or persons to whom this Act applies for any period on such terms and conditions, as it may thinks fit. 38. Rights and privileges under other laws etc., not affected.— Nothing in this Act shall affect any right or privileges which a worker in any establishment is entitled to at the date of commencement of this Act under any other law, contract, custom or usage applicable to such establishment or any award, settlement or agreement binding on the employer and the worker in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act. 39. Protection of action taken in good faith .— No suit, prosecution or legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. 40. Application of the Employees’ Compensation Act, 1923 .— The provisions of the Employees’ Compensation Act, 1923 (Central Act 8 of 1923), and the rules made thereunder, shall so far as may be, apply to every establ ishment to whom section 6 as well as section 7 of the Act applies. 41. Power to make rules .— (1) The Government may, by Notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) All rules made under this Act shall be subject to the condition of previous publication. (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, the House agree in making any modification in any rule or agree that the rule ---14--- should not be made, and notify thei r decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be, so however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 42. Power to remove difficulties .— (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub -section (1) shall be laid, as soon as may be, after it is made, before the State Legislature. 43. Repeal an d saving s.— On and from the date of commencement of this Act, the Goa Shops and Establishments Act, 1973 (Act No. 13 of 1974), shall stand repealed : Provided that,— (a) every appointment order, rule, bye -law, regulation, notification, registration or notice made, issued or given under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any appointment, order, rule, bye -law, regulation, notification or notice made, issued or given under this Act; (b) any proceeding relating to the trial of any offence punishable under the provisions of the Act so repealed shall be continued and completed as if th e said Act had not been repealed but had continued in operation and any penalty imposed on such proceedings shall be recovered under the Act so repealed. Secretariat, Porvorim-Goa. Dated: 01-10-2025. SANDIP JACQUES Secretary to the Government of Goa, Law Department (Legal Affairs). ________________