I (GOVERNMENT OF GCA, DAMAT.! AND UIU Labbur and Information Deparfmen;
In exercise of the po7.;ers conferred hy section 59 of the Goa, Damall and Diu Shops and Esta.blis11.
ments Act, 1973 (13 of 1974), the Administrator of of Gox, Darnal: and Diu after complying with requiren:cnts of pre-publication hereby riakes the fol1ov:i;lg Rules, namely : -
1. Si~orl title. These rules rnay I-ic, called i,he Goa, Daman and Diu Shops and Fs%ab!ishmcr~ts Rules, 1975.
2. Dcfinitions. - I11 these rules, uniens the context otherwise requires -
(a) "Act" means the Goa, Daman s ~ d r3iu Shops and Establishments Act, 197:) 113 of !:174) ;
(b) "Commissioller." rnelns Labour C.?rninissioner o r Commissio~er, Labour an2 E ~ ~ q ~ l o y m e n t , Government of Goa, Daman and fijl:;
fc) "fcrm" means a form appended to these rules ;
(d) "section" means section of the Act;
(e) "schedule" means 2. schedule appended to these m!es ;
( f ) words and expressions used but :lot defined i n these rules s h ~ l l have the meaniiigs assigned to them in the Act.
~ i 11 Registration of Esfablishrnents 1 / 3. Iqorm of submitting statement, challsn :lad 1 other particulars under section 3. - The employer of every ostablisbme~lt shall, within the period spc- 1 eified in sub-section (1) o l section 3, -d~nd bo the Inspector of the area x statement in fonr T. tL.gother I with chnllan after remitting fee as prescribe 3 m
4. Payment of fees. - The fees presc~ibed under t h o ~ p m l l ~ q qhall he remitted into the Government * treasury/State Bank of ~ndiaunuer the head of account "087 Labour and Employment-fees realised under the Goa, Daman and Diu Shops and Establishments Act, 1973". The fees once remitted shall under no circumstances be refunded.
5. Manner of registering the establishments and form of registration certificate. - The Inspector or' the area concerned shall, on receipt of a statement in form I under sub-section (1) of section 3 together with the fee prescribed in schedule A, verify the correctness of the particulars and register the shop or establishment, as the case may be, in the register of establishments prescribed in form IT and issue a certificate of registration in form 111.
6. Eenewal of registration certificate. - A registration certificate shall be renewed every year by making an application to the Inspector in form IV together with the challan paying registration fees a s prescribed in schedule A within thirty days of the expiry of the validity of the registration certificate.
7. Issue of duplicate registration certificate. - l t^ a registration certificate issued under rule 5 is lost, destroyed or defaced, the employer of the establishment shall forthwith report the matter to the Inspector of the area and shall apply in form V with a fee of one rupee for the issue of a duplicate registration certificate. Upon the receipt of such application together with the fees, the Inspector shall furnish to the employer with a duplicate copy of the registration certificate duly stamped "duplicate".
8. Notice of change, - The employer shall give notice to the Inspector of the area in form VI of any change in any of the particulars in the statement in form I within 15 days after the change has taken place together with the registration certificate and fee specified in schedule B. The Inspector shall amend the registration certificate or issue a fresh one, as the case may be, and send it to the employer.
9. TransSer of registration rertificzzte. - (11 A registration certificate issued under these rules shall not be transferable and if ownership of any shop or establishment is transferred, the employes shall, within thirty days of such transfer, notify the fact of transfer and surrender the certificate of registra- I 1 tion to the Inspector of the area and shall submit to I the Inspector a statement signed by himself specify- I ing the name and address of the transferee.
1 ! (2) The Inspector, on being satisfied about the correctness of the information relating to transfer, / shall cancel the certificate of registration and amend i the register of establishments accordingly.
1 (3) The transferee shall apply for new registration 1 certificate within thirty days from the date of 1 transfer.
i Proof of Age
10. Ascertainment of age by the Inspector. - Am Inspector may require an employer to produce an authentic extract from the records of any school or from the Registrar of Births, Deaths and Marriages, or in the absence of such extmct, at least a eertificate which shall be in form VII from a Government Medical Health Officer showing the age of an employee.
Health end Safety
11. Cleanliness and health. - The premises of every establishment shall be kept clean and healthy as required under section 20 in the following manner: -
(1) (a ) In every establishment all the inside , walls of the rooms and all the ceilings of such rooms (whether such walls or ceilings be plastered or not) and all the passages and staircases shall be lime-washed or colour-washed a t intervals not more than two years dating from the time when they were last lime-washed or colour-washed and shall be maintained in a clean state.
(b) All beams, rafters, doors, window-frames and other wood-work with the exception of floors shall be either lime-washed or colour-washed a t intervals of not more than twelve months dating from the time when they were last lime-washed or colour-washed or shall be painted or varnished a t intervals of not more than five years dating from the time when they were last painted or varnished and shall be maintained in a clean state.
(c) The dates on which lime-washing, cclour- -washing, painting or varnishing is carried out shall be duly enl.ered in form VIII which sha!l be shown to the Inspector when required.
(d ) Nothing in clauses ( a ) t o ( c ) 'of this sub- -rule shall apply t o the following: -
(1) rooms used only for the storage of articles ;
(ii) walls o r ceilings of rooms which are made of galvanised iron, f la t tiles, asbestos sheets, glazed bricks, glass, slate, bamboo thatch, cement plaster. or polished chunam;
(iii) ceilings of rooms in which the lowest part i s a t least 20 feet from the floor;
( iv) any other establishment or part thereof in which lime-washing, colo~~r-~,vashlng, paiatiiig or varnishing is in the opiriion of the Commissioner, unnecessary to satisfy the requirements of section 20 in regard to cleanliness.
( 2 ) Rubbish, filth or debris shall not be allowed to accumulate or to remain on any part of tlre establishment for more than twenty-four hours and shall be disposed off ir_ the manner approved by the Lnspector. All filth and other decomposing matter shall be kept in covered receptacles.
(3) All drains carrying waste or sullage water or sewage shall be constructed of masonry o r other impermeable material and shall be r ~ g u l a r l y flushed a t least twicc daily and where possible, connected with some recognisecl drainage line.
(4) The establishment and the compound surrounding i t shall be maintained in a strictly sanit a ry and clean condition. The floors shall be swept o r otherwise cleaned a t least ,once daily, and the ceilings shall be dusted a t least once a month.
(5) The employer shall enforce the proper use of latrines and urinals and prevent pollutioll by excreta or urine on ,the surface of the ground in the vicinity of the latrine or the urinal and in the compound of the establisl~ment. The employer shall make suitable arrangements for the regular cleaning and conserving of the latrines and urinals to the satisfaction of the Inspector.
(6) The employer shall make suitable arrangements t o supply cool and wholesome drinking water t o employees in the establishment. The area around the place where drinking water is distributed to the employees shall be kept clean and properly drained.
1 of a und mea bucl - S Z ( ( 2 or C imm any cons ,. the ; ---
(7) (i) The employer ef every 'restaurant' cr 'eating house' or 'residential hotel' shall keep his premises clean and comply with the standards of sanitation pracfibed by the Health Autharities.
The disposal of effluents/garbage/waste shall be done in such a manner that no pollution is caused.
f
(ii) The kitchen, washing places and other areas bhall be kept clean and disinfected by regular scrubbing of floors and cleaning/spraying with approved insecticides.
(iii) The employer of every 'restaurant' er 'eating house' or 'residential hotel' shall provide two sets of uniforms per year to each of their \ I '6?$oyees. He shall arrange for regular washing of the uniforms once in n week or grant wa.shing allowance as may be settled by an agreement or- settlement between the employer and employees.
(iv) Every employee of a 'restaurant' or 'eating house' or 'residential hotel' shall be medically examined once in every six months and certified fit to worlr in such-Fs*M- a Certifying Surgeon, if any appointed under the Factories \ 1 Act, 1948 (Central Act 63 of 1948) or any Medical Officer specified in this behalf by the Government.
The expenses for such medical examination, if any, shall be borne by the employer and may be recovered a s arrears of lalid revenue from the employer in case of default.
12. Precautions against fire. - (1) The employer of an establishment other than a shop shall provide, under sub-sectio~i (1) of section 22, with adequate means of escape in case of 'fire and shall also provide buckets of substantial construction full of water or *?and and or chernlcai tire extlr~guishers in suitable number and a t suitable sites according to the n a t z e of work carried on and the size of the premises.
/ (2) No person shall smoke or use a naked light I or cause or permit any such light to be used in the j immediate vicinity of any inflammable material in any establishment.
13. Safety. - (1) Every dangerous part of a ma- # chinery in an establishment other than a shop sbaU , be securely fenced by safety guards of substantial construction .- which shall be kep-sit;on ~ M I T --__ the parts of machinenr are in motion or in use.
\ _ - -4- ___ - I [2) In every establishment qther d a n a shop where manufacturFg process is +anied bn with the aiq of electric power, suitable devices For cutting off power in emergencies from hming l machinery shall be provided and maintaindd.
I (3) No employee, with loose fitting ,clothes on, .
shall be allowed or made to wo<k near the moviny:
machinery or belt and the tight! fit tin^ ' c l o t h e s r the purpose to such employee shall be provided by the empio~er. /
14. First aid appliances. - In every establishment other than a shop a first aid box shall be maintained containing the following equipment together with a book of instructions: - t
(i) 3 small sterilized dressings;
(ii) 2 medium size sterilized dressings;
i I
(iii) 2 large size sterilized dressings;
(iv) 2 large size sterilized burn dressings; i
(v) 2 (1/2 OZ.) packets sterilized cotton-wool; 1
(vi) 1 pair of dressings .scissors; I :
(vii) 1 (1 oz.) bottle containing solution for iodine or rnercurrichrom;
(viii) 1 (1 OZ.) bottle containing solution of sal volatile having the dose and mode of adrninistra tion indicated on the label;
(ix) 1 (1 OZ.) bottle containing potassium per manganate crystals ;
(x) any ointment/cream for burns.
Wages
15. Overtime working. - (1) ,An employer , . require an adult employee to work overtime s to the conditions laid down in section l l ( 2 ) fo / of the following purposes: - i
(a) Seasonal pressure of work;
I f i ~
(b) Work in pursuance of any custom or usagii observed in the establishment; 1 Pa I I (c) Temporary increase in work due to absenc of any other employee or any other / I
(d) Treating of material liable to deterioratio I if not treated immediately;
( e ) Werk necessitated a s a result of any order from Court or any Government authority;
( f ) Stock-taking and preparation of accounts.
(2) Previous illtinlation in respect of requiring adult employees to work overtime in establishmelit under sub-section (3) of section 11 shall contain the following information : - ( a ) the purpose of overtime ;
( b ) date o r dates and the probable time or period for which overtime is proposed to be worked;
(c) number of employees required to work overtime.
f Eqlanation. - For the purpose of this sub-rule.
previous intimat~on t o be given to the Inspector, shall i : be by serving a notice a t the office of the Inspector I so as to reach him a t least three days prior to the ! date of requiring employees to worlr ovcrtirne.
16. Dlarlner of calculating ordinary rate of lvagcs.
-For the purpose of the explanation to section 29 ordinary rate of wages per hour shall be calculated by dividing the total wages payable to a person I employed for the hours actually worked by him during the wage period by the number of such hours i n the wage period.
Provided tha t hours worked by a person employed in excess of the normal daily hours during the wage period shall be excluded in calculating the number of hours actually worked by him.
17. Fines and deductions for damage or loss..--
(1) (a) The Commissioner shall be the authority competent to approve, under sub-section (1) of section 33, the acts and omissions in respect of which fines may be imposed and t o approve under sub-section (8) of section 33, the purposes to which the fines realized shall be applied.
(b) Every employer requiring the power to impose fines in respect of any acts and omissions on the part of employees shall send to the Commissioner - ( i ) a list, in English and in Marathi o r Konkani (in Roman as well a s Devanagari scripts) in cluplicate, clearly defining such acts and omissions;
and ! I 1 . , (ii) a list showing thk purpose to which th, , fines realized shall be applied. I . !
I (c) The Commissioner m/iy, on &ceeeipt of the List prescribed in sub-clause' (I) or s+b-clause (ii) of clause (b) after such inqGiry as 1 he considers neeessary, pass orders' either -i- I
(i) disapprbvbg the list; or I
(ii) approving the list either in i ts original form or a s amended by him in which case such list shall be considered to be an approved list:
Provided that no order disapproving or amending any list shall be passed unless the employer has been given an opportunity of showing cause orally or in writing against such order.
id) The employer shall display a t or near the main entrance of the establishment a copy in English and in Marathi or Konkani (both in Roman and Devanagari scripts) of the list approved under clause (c).
(e) No fine shall be imposed by any person other than an employer.
(2) Any person desiring to impose fine on an employee or to make a deduction from his wages for damage or loss shall explain personally to the said person the act or omission, or damage or loss, in respect of which the fine or deduction is proposed to be imposed and shall hear his -explanation. The charge in'respect of which it is proposed to impose the fine or deduction and explanation of the person concerned shall be reduced 'to writing, the signature of such person being obtained to the latter:
Provided that the. whole proceedings may be reduced in writing if the employer or the employee so desires.
I j
(3) (a) The employer of any establishment in res- 1 pect of which he has obtained approval under sub- I -section (1) of section 3 to a list of acts. and 1 omissions m respect of which fines may be imposed, shall maintain a register of fines in foi-m IX.
(b) At the beginning of the register of fines, the approved purpose or purposes on which the fines are to be expended shall be entemd and serially numbad.
(c) When any disbursements are made from the fines reaIized a deduct eatry of the amount so a- I he ist of ne- -In .st pended shall be made in the register of fines. The vouchers o r receipts in respe:t of the amounts so expended shall be serially numbered and kept separately, the serial number of each voucher o r receipt and the amount to which i t rela.tes being noted in the remarks column cf the register. If more than one purpose has been approved, the entry of the disbu-seine~ts shall also indicate the purpose for which it is made.
(4) In every establishment in which deductions for damage o r loss are made, the employer shall maintain the register required by sub-section (2) of section 35 in form X.
n- 3)" id ln ;ed 'he le 1-
17.
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18. Dedur:tic;ns lor breach of contract. -- (I) No deduction fo r breach of con'cr.act shall be made from the wages of an employee who is under the age of eighteen years.
(5) Whcre no deduction (21- fine has been 1m1)osed during ally wag9 period. a 'nil' entry shall be made across the body of the 1.tagister at the end of the wage period indicating aieo in precise terms the I
(2) No deduction for breach of coiitract shall be made from the wages of any cmployec unless - wage period t o which the 'nil' relates, in the respective r e g i s t ~ r s maintained In forms IX and X.
'I- ( a ) there is provision in writing, forming part of the terms of the contract of employn~ent, req i~ir ing the employee to give notice of the termination of such employment a,nd the pwiod of notice does not exceed c i t t i ~ r :
ee I (i) fifteen days o r the wage-period, whichever i s less:
( i i i the period cf notice which tile employer.
is required to give of thc termination of that employment;
(b) th is r ~ i l e has been displayed in English and in Marat hi or Konlrani (in Roman and Devanagari scripts) at o r near the main entrance of the et;ts,- blishment and h a been so displayed for not ks::
than one month before the commencement of thc absence in respect of which the deduction i s made ;
and
(c) a notice has been d i s ~ l a y e d a t or near the main entrance of the establishment giving the names of the per'sons from whose wages the deduct I tion is proposed to be made, thelnumber of day's wages to be deducted and jthe conditions, if any, on which the deduction will 'be remitted:
Provided that where the deduction is proposed to be made from all the employees in any departments or sections of the establishments it shall be sufficient in lieu of giving the names of the persons in such departments or sections, t o specify the departments or sections affected.
(3) No deduction for breach of contract shall exceed the wage9 of the.person employed, for the period by which the notice of termination of service given falls short of the period of such n.otice required by the contract of employment.
(4) Lf any conditions have been specified in the notice displayed under clause (c) of sub-rule (2) , no deduction for breach of contract shall be made from the wages of any person who has complied with those conditions.
19. Advances. - Advances under clause (b) of section 37 shall be subject to the following conditions, namely - *
(1) An advance of wages not already earned shall riot, without the previous permission of the Inspector having jurisdiction, exceed an amount equivalent to the wages earned by the employees during the preceding two calendar months, or' if he has not been employed for that period, twice the wages he is likely to earn during the subsequent calendar month ;
(2) Any advance may be recovered in instaln~ents by deductions from wages, spread over, not more than twelve months;
(3) No instalment by which an advance is repaid shall exceed one-third, or where the wages 1 for any wage period are not more than twenty 1 rupees, one-fourth of the wages for any wage-pe- j riod in respect of which the deduction is made;
(4) The amounts of all advances and all pay- !
ments of such advances, shall be entered in EL register of advances in form XI.
1
20. Conditions for deductions. - (1) The t d a l amount of deductions which may be made under j . :educday's 'Y, on :ed to nents suf f ins in apart- 11 exeriod ;iven -d by ! the (21, nade plied ' of mdirned the 3unt yees A' if .vice bse- ;talnot re- ,.ges nty -pe- .de ;
'a y - 1 a rtal der sub-section (2) of section 32 of the Act and the above rules in any wage period from the wages of an employee shall not exceed -
(1) in cases where such deductions wholly or partly made for payments to Co-operative Societies under clause (j) of sub-section (2) , seventy five percent of such wages, and (ii) in any other case, fifty percent of such wages:
Provided that where the total deductions authorised under sub-section (2) exceed seventy five percent or as the case may be, fifty percent of the wages, the same may be recovered in such manner as may be approved by the Commissioner.
(2) No deductions shall be made from the wazes of an employee even the written authorisation of the employee under clause (k) of sub-section (2) of section 32 of the Act except for purposes approved in this behalf'by the Commissioner.
(3) Nothing contained in this rule shall be construed as precluding the employer from recovering from the wages of the employee any amount payable by such person under any law for the time being in - .-- force.
Leave
21. W v e . - (1) Earned leave may not be refused ordinarily by the employer except for valid reasons: - .
~ J ) C . , I (7'~
Provided further no such refusal will deprive t i e employee the right to carry over the -accumulated !' . , earned leave.
(2) Casual and sick leave. - (a) (i) Ordinarily, the previous permission of the employer for casual leave shall be obtained by the employee, but when this is not possible, the employer shall be informed in writing,as soon as practicable for the grant of such leave. The employer shall record his orders on .all such applications and shall g-e-eaIn them till the 31st March of the following year. "-*-)+'. - l - y ' ~ ,
(ii) Ordinarily an employer, a t his &is9t&gn, 1: , 'C .-- , may not grant casual leave for more than 4 days . . \ - - .
a t a stretch to an employee. - / cjT- t cc 3
(iii) An employer however, may refuse an application for casual leave from an employee on grounds of exce tional pressu;e of work requiring his atten- P 4 1 h, -(* , t'rllc;
dance an the day or days in respect of which casual leave has been asked for:
Provided that leave shall not be refused where it has been asked for on account of an accident, causing physical injury to the employee or death in the family.or sickness of the employee, his wife or chilG.
(iv) Where an application for casual leave is refused by the employer under clause (ii) above, the employer shall record his reasons for refusal on the application, and shall grant equivalent leave on demand by the employee in the same calendar year.
(b) (i) No application from an employee for leave of grounds of sickness of himself his wife or child shall be refused but if in any case the employer is not satisfied about the correctness of the assertion set out therein, the employer may either
(i) require the employee to submit a medical certificate in respect thereof from a registered medical practitioner or (ii) get the employee o r the wife or the child, as the 'case may be, examined a t his (employer's) own expense by a registered medical practitioner (lady doctor in case of females) for the purpose of verifying the facts mentioned in the leave application and may grant or reject the application on the basis of the certificate of such medical practitioner.
(ii) Every such medical certificate shall be re- ' tained by the employer till 31st March of the following year.
(3) Register of Zeave. -,Every employer shall maintain a register in form XI1 for the leave granted under section 23 to persons employed in his esta- 1 blishment. i ( 4 ) Leave book. - The employer oi- manager shall provide each employee with, a book called "Leave 1 Book" in form XIn. The book shall be the property j of the employee and the employer or his mannger i shalI not demand i t except to make entries therein and shall not keep i t for more than a week at a time. I ( 5 ) Maternity leave. -The record of maternity j leave granted shall be shown in leave register in form XII and leave book in form Xm.
Termination of Employmenf Acts and omissions constituting misoond~ct. - or the purposes of subsection (4) of section 39, the following acts and omissions shall be treated as misconduct on the part of the employees: - (a ) wilful insubordination or disobedience, whether alone or in combination with other, of any lawful and reasonable order of a superior;
(b) resorting to or inciting, abetting or instigating a strike which is illegal according to provisions of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or any other lam7 in force;
(c) wilful slowing down in performance of work, or abetment, or instigation thereof;
(d) theft, fraud, misappropriation or dishonesty in connection with the employers' business or property;
(e) habitual absence without leave, or unauthorised absencx without leave for more t!1a21.
fifteen consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation or habitual late attendance ;
( f ) habitual breach of any law applicable to the establishment or any rules made thereunder;
I
(g) engaging in trade unautliorised by employer/manager within the premises of the establishment;
(h) commission of any act* subversive of discipline or good behaviour on the premises of the establishment such 2s drunkenness, riotours, disorderly or indecent behaviour or taking or giving bribes or any illegal gratification, other than tips vctluntarily given by cusf omers ;
(i) habitual neglect of work or gross or habitual negligence of duties;
(j) habitual breach of any rules or instructions for the mafiitenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment;
(k) f-requent repetition of any act or omission for which a fine may be imposed under the Act;
(1) canvassing for union membership or the collection of union dues within the premises of the establishment, without pemission of manager I o r employer, except in accordarice with any law, agreement, settlement or award;
(rn) wilful damage to work in process or wilful ~iegligcnce or action causing financial loss or damage to employer's property;
(n ) holding meeting within the premises of the establishment withouut the consent or permission of the employer or manager;
(0) disclosing to any uanuthorised person any information in regard to the manufacturing process of the establishment or trade secrets which nlay come into the possession of the employee in the course of his employment and which may be prejudicial to the interest of the establishment;
( p ) gambling witllin the premises of the establishment.
( 2 ) Every employer shall display o r cause to be displayed a t o r near the main entrance of the establishment, a copy of the list of acts and omissions specified under sub-rule (I) in English and in Marathi or Konkani (in both Roman and Devanagari scripts). If the establishment consists of several departments, such lists shall be displayed in each department.
23. Procedure for terrnii~ating the services of 211 employee. - (1) No employer shall terminate the services of an empIoyee under section 39 unless an enquiry is held against the.- employee concerned in respect of any alleged misconduct in the manner set forth in sub-rule (2).
(2) An employee against whom an enquiry has to be held shall be given a charge-sheet clearly setting forth the nature and details of misconduct allegcd against him and requircig explanation. He shall be given an opportunity to answer the charge and pcrmitted to be defended by another workmen of the establishment. He shall also be permitted to produce witnesses in his defence and cross-examine any witness on whose evidence the charge rests. A concise summary of the evidence led on either-side and the employee's plea shalI be recorded in a register to be maintained for this purpose.
(3 ) I11 awarding punishment ,under this rule, the ernployer shall take into account the gravity of the m PI( cir Pa W C 2 mis Pur sect by t the vice.
effec be n last shall arriv Prc not a reaso autho
(2) evider, gv ing shall possib t o the be Gn s For th shall bt
(3) t.lor. 40.
under t Court u t ra l Act and of compellil shall be of sectio of Crim 1898).
25. Apl etc. - An tion (2) o misconduct, the previous record, if any, of the employee and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the employer shall be supplied to the workman concerned.
24. Appeals under the section 40. - '(1) The Commissioner shall be the appellate authority for the purpose of hearing appeaIs under sub-section (1) of section 40 and any such appeal shall be preferred by the employee in form XIV within sixty days from the date of service of the order terminating his services with the employer, such service to be deemed effective if carried out either personally or if that be not practicable by prepaid registered post to his last known address when the date of such service shall be deemed to he the date when the letter would arrive in ordinary course of post.
Provided the period of GO days specified above is not a bar if the appeal is preferred with sufficient reasons to the entire satisfaction of the appellate authority.
(2) The Commissioner shall record briefly the evidence adduced before him and then pass orders gving his reasons therefor. The result of the appeal shall be communicated to the parties as soon as possible. Copies of the orders shall also be furnished to the parties if required hy.them. The copies shall be cn stamped papers to be furnished by the parties.
For the purposes of this rule, the fee to be levied shall be as specified in schedule C.
(3 ) Powers of authority appointed under sectior. 40. -The Commissioner while hearing appeals under this rule shall have all the powers of a Civil Court under the Code of Civil. Procedure, 1908 (Central Act 5 of 1908) for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and he shall be deemed to be a Civil Court for the purposes of section 1'95 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) .
I Recovery of Claims I 25. Application for payment of wages or gratuity etc. -An application under section 43 or sub-sec- <:- 7 , - . . ' 4 . - - - - - - - 1-nhqlf nf q r l omnlOvee or dependant in case of deceased eniployee o r group of employees, shall he made in dupliqate in form XV or form XVI ds the c:~se rnay be, shall be affixed with a court fee mination specified in schedule C.
. 1
26. ~uthoriktion. -The authorisition to act on behalf of an employee or employees tmder-section 43 or sub-section , ( 2 ) or section 44, sHall be given in 'form XVII by an instrument which shall be presented to the authority hearing the lapplication and shall form part of the record.
27. Procedure for dealing with application for recovery of wages or p t u i t y etc. - (1) Any person desiring to act on behalf of any employee shall present to the aurhority,appointed under section 42 of the Act a brief written statement explaining his interest in the matter and praying for permission so t o act, and the authority shall record thereon an order specifying, in the case of a refusal to grant the permission prayed for, the reasons for the refusal.
(2) Applications under rule 25 or other documents .relevant to such applications shall be presented in person to the authority appointed under section 42 of the Act a t any time during hours to be fixed by the authority or shall be sent to the authority by registered post, andi the authority shall a t once endorse or cayse to be endorsed on each such application or other docwent the date of presentation or receipt thereof, as the case may be. 1 .
I
(3) On receipt of an application / the authority shall by issuing a notice in form + call upon the applioant a s well as the employhr, as the case may be, to appear before him on a / specified date together with all relevant documents\ and witnesses, .
if any.
J(4)' If the employer fails to appe& on the specified date, the authority may proceed t p hear and . a determine -.= , - the application ex-parte. 6.: ; J .'? IJ ' .
:.I c 2 *' .
(5) If the applicant fails to appear on the specified date, the authority may dismiss the application :
Provided that an order passed under .sub-rule (4) or sub-rule (5) may be set aside of sufficient cause being s h o w by the defaulting party within 30 days of the date of the said order and the application shall then be reheard after service of notice on the opposite party dE the date fixed for rehearing in the manner specified in sub-rule (3) .
28. Costs. - (1) The authority appointed under sections 40 or 42 of the Act, for reasons to be recorded in writing, may direct that the costs of any proceeding pending before it shall not follow the event.
(2) The cost which may be awarded shall include: -
(i) expenses incurred on account of court fees ;
( i i ) expenses incurred on subsistence money to witnesses ;
liii) pleader's fees to the extent of twenty five rupees provided that the authority, in any proceedings, may reduce the fees to a sum not less than ten rupees or for reasons to be recorded in writing, increase it to a sum not exceeding fifty rupees.
(3) Where there are more. than one pleader oi.
more than one applicant or opponents the authority may, subject a s gforesaid, award to the successful party or parties such costs as it may deem proper.
(4) The authority may fix the fees on the payment of which any person entitled to do so may obtaih copies of any document filed with such authority:
Pro-vided that such authority may in consideration of the poverty of the applicant, grant copies free of cost.
29. Court fees. -The Court fee payable in respect of proceedings, shall be a s prescribed in schedule C.
lnspecfors
30. Appointment of Inspectors. - (1) No person 1 shall be appointed to be an Inspector under the Act.
or having been so appointed, shall continue to hnld office, if he has or acquires, directly or indirectly by himself or by any partner, any share or interest in any establishment to which the Act japplies in the ,area for which he is to be or has been appointed:
Provided that nothing in this sub-i-ule shall apply -
(i) to any person who has been pe~mitted by the Authority competent t o appoint h i h as Ins- 1 pector to hold or acquire directly or indirectly by himself or in the name of any memder of his family living with him or dependent on him, any i share or interest in any registered Co-operative Bank or Co-operative Society or in any public limited company,' or I I
(ii) to any person who acquires by inheritance any share or interest in any firm or business but who is not a working partner therein. !
1
(2) Every Inspector shall by the end of January, i each year ~ furnish a declaration regarding his in- 1 terest directly or indirectly in any establishment to [ which the Act applies. f I
(3) No Inspector shall be pos!ed in any area where any establishment, in which he has any interest, is situated. 1 L
(4) The Inspector shall make such inspection under section 50(b) as may %pear to him to be necessary for the purpose of satisfying himself that the provisions of the Act and the rules .and any orders issued by the Government under the Act are duly observed. In particular, he shall satisfy himself -
(i) that the establishments are duly registered under the Act;
(iil that the registers, records and notices required to be maintained or displayed under the Act or these rules are properly maintained or displayed ;
(iii) that the intervals of rest and holidays required to be granted or observed under ' the Act are granted and observed and that the limit of hours of work and spread-over laid down under the Act are not exceeded;
(iv) that the provisions of the Act and any orders issued by the Government regarding the opening and closing hours are duly observed;
(v) every employee in an establishment is fur- I nished with a letter of appointment as required 1 under sub-section ( 5 ) of section 57; !
(vi) that the provisions of the Act and rules regarding leave, holidays with wages and maternity benefits are properly observed;
(vii) that the provisions of the Act and the rules relating to cleanliness, ventilation, precautions against fire and safety of employees are properly observed;
(viii) that the provisions of the Act and rules relating to the payment for overtime work are duly observed; and
(ix) that no child is allowed to work in any .
establishment.
(5) For carrying out such inspection, the Inspector may hterrogate such persons in the premises, dT2?- as he may deem necessary: I 4'c~e , m1f lry Lzg ',%%
Provided that no such person shall be required under this rule. to answer anv auestion the answer *b to which m n t tend to incri&i&te him.
y -,\kr 4i7- 0 .(?>I A w, % C c c, hC
(6) Dairv. - The Inspector shall keep a file of 7 the records-of his inspe&ions arranged suitably and shall submit to the Commissioner a diary in form - XJX showing work done under the Act and these rules in the preceding month, retaining a copy of the same with him.
Registers and Records
31. Maintenance of registers and records and display of notices. - Every employer shall maintain the following registers and records and display notices under section 57 in the following manner in addition to those prescribed elsewhere under these rules : -
(1) Every employer shall maintain a register of employment in form XX or in form XXI where opening and closing hours are uniform and display notice of hours of work of employees in form - XXII.
(2) A register of wages shall be maintained in every establishment and shall be kept in form XXITI which shall include the following particulars : -
(a) Rate of wages payable to an employer;
(b) Overtime wages paid to a n employee;
I (vi) that the provisions of the Act and rules regarding leave, holidays with wages and maternity benefits are properly observed;
I (vii) that the provisions of the Act and the rules relating to cleanliness, ventilation, precautions against fire and safety of employees are properly observed ;
(viii) that the provisions of the Act and rules relating to the payment for overtime work are duly observed; and
(ix) that no child is allowed to work in any establishment.
(5) For carrying out such inspection, the Inspector may bterrogate such persons in the premises, &=>?-- as he may deem~ necessary : 'i'cq , ?,ea1C, 54,<u, '"st?,
Provided tha t no such person shall be required under this rule, to answer any question the answer *C to which might tend to incriminate him.
v ~ ' 7 . i ; - n w, '.rc<sqL
(6) Dairy. -The Inspector shall keep a file of 1 the records of his inspections arranged suitably and shall submit to the Commissioner a diary in form - XIX showing work done under the Act and these rules in the preceding month, retaining a copy of the same with him.
I . Registers and Records
31. Maintenance of registers and records and display of notices. - Every employer shall maintain the following registers and records and display notices under section 57 in the following manner in addition to those prescribed elsewhere under these rules: -
(1) Every employer shall maintain a register of employment in form XX or in form XXI where opening and closing hours are uniform and display notice of hours of work of employees in form XXII.
(2) A register of wages shall he maintained in every establishment and shall be kept in form XXITI which shall include the following particulars: - I (a) Rate of wages payable to an employer;
I (b) Overtime wages paid to an employee;
(c) Thq gross wages earned by each ernployee for each wage period; ,
(d) The total of all deductions made from those wages;
(e) The wages actually pai;? to each employee for each wage period; ,
(f) Signature or thumb imbression of an employee.
(3) ( a ) Intimation regarding dose day. - Every .
employer of a shop (or an establlshmenf intending to close/observe weekly holiday) shall notify to the Inspector regarding the c h o i c e n s e dzy or change thereof in form XXIV and disp!ay the notice in form XXV after obtaining signature of the Inspector. This notice shall be displayed in a prominent place in every prernises of the shop/ /establishment.
( b ) Every employer obE an establishnlent. other than a shop shall exhibit in his establishnlent a notice in form XXVI specifying the day or days of the week on which the employees shall be given a holiday. The notice shall be exhibited before the persons to whom it relates cease work on the Saturday immediately preceding the first week during which it is to have effect.
(4) Every employer exhibit in his establishment a notice containing such extracts of the Act and rules in English and in Marathi or Konkani (in both Roman and Devanagari scripts) as notified in this behalf by Government in the i Gazette.
(5) Any notice required to be exhibited under these rules shall be exhibited in such manner that it can be readily seen and read by any person I i who-m it affects and shall be renewed v,-henever it e becomes defaced or otherwise cease to be clearly legible. !
(6) Every employer 61 a residential hotel or 1 restaurant or eating house or theatre or any 1 place of public amusement or entertainment shall \ maintain a register in form m V I I showing the compensatory holidays allowed to employees !
deprived of notified holidays as per sub-sec- ' tion ( 5 ) of section 24. I ( 7 ) Every erllployer of an establishment allowing more number of holidays than notified by * i Governinent under sub~section (1) of section 24, shall send a list bf holidays t o the Inspector of the area and shall also display such list in form XXVIII.
( 8 ) In any register or record which an employer is required to maintain under these rules, the entries relating t o any day, @mlJJbe made on the same day and shall .be authenticated under the signature of the employer or the manager on the same day. The entries relating t o overtime work shall be made before the commencement and immediately after completion of such overtime work.
(9) The registers, records and notices relating t o any calendar year shall be preserved for a period of three years after the last entry is made therein.
(10) Save a s otherwise provided in sub-rule (4) , all registers, records and notices required t o be maintained, exhibited, shall be either in English or in Marathi o r Konkani (in both Roman 2nd Devanagari scripts).
(11) Every register required t o be maintained under these rules shall be duly bcund and i ts pages duly numbered.
(12) (a) Every employer shall maintain a visit book in which an Inspector visiting the establishment may record his remarks rega.rding a.ny defects tha t may ccirne t o light a t the time of his visit or give directions regarding production of any documents required to be maintained or produced under the prox<sions of the Act. and the rules.
(b) The visit book shall be a bound book more or less of size 2 1 x 1 8 crns. coritaining a t least 100 pages.
(c) The covering page of the visit book shall contain in the following p a r t i c ~ l ~ r s : -
(i) N a ~ e of the eqployer.
(ii) Name of the shop or establishment.
(iii) Address.
(iv) Registration numbex*.
(v) Residential addresses of the employer(s1 and manager ( s ) .
(d) In case the visit book containing remarks passed by the Inspector is lost, destroyed or defaced the employer of the establishment shall report the fact forthwith in writing to the Jnspector of the area and immediately arrange to maintain a new visit book.
(e) The visit book shall be in the custody of t h e employer or any person duly authorised by him and shall be kept always in the business premisfs of the establishment and shall be produced on demand by the Inspector. Far the purpose of thin sub-rule, employer of any establishment includes an owner of an establishment without employees.
(13) Where an office, store-room, godown, warehou$e or work-place used in connection with the trade q d business of a shop is situated at premises other than the premises of the shop, all registers, records, visit book and notices required to be maintained, exhibited or given ullder the Act and the rules shall .be separately so maintained, exhibited or given in respect of and a t sukh office, store-room, godown, warehouse or work- -place.
(14) No employer with intent to deceive shall make or cause or allow to be made, in any register, record or notice prescribed to be maintained under the provisions of the Act or the rules, an , entry which is false in any material particular, or wilfully omits or causes or allows to be omitted, from any such registers, record or notice, an entry whioh is required to be made therein, under the provisions of the Act and rules, or shall maintain or cause or allow to be maintained, more than one set of any register, record or notice.
32. Admissibility of fmms other than those prescribed in the rules. - If, on an application made by an employer or manager in writing, the Commissicner is satisfied that any muster roll, register or re- . cord maintained by the employer or manager gves in respect of all or any of the employees in his a t a - blishments the particulars required to be shown in any register, record or notice prescribed under these rules, the Commissioner may by order in writing direct that such muster roll, register or record shall to the corresponding extent be maintained in plece cf such register, record or notice, prescribed under.
this rule a s t h e case may be.
33. Period for supplying information required by Inspector. - Any information or document required by the Inspector for carrying out the purposes of the Act and the rules shall be furnished t.o him by the employer of an establishment within Gne week from the date of receipt of such requisition by. the employer.
34. Periodical returns. - Every employer having five or more employees shall send a return in form XXIX for month-ending 31st March, 30th .June. 30th r, September and 31st December of every year so a s 'to reach ;the Inspector within whose jurisdiction the establishment is-situated not later than 10th of the followingi month to which the return relates, endorsing a copy thereof to the Commissioner.
,
35. @tter of appointment. - Every employer shall furnish to all employees with letters of appointment in form XXX under sub-section (5) of section 57 ahd obtain acknowledgement in token of having served the said letter. / I 1
36. Authority to decide certain questions. - (1) The Commissioner shall be the authority for purposes of 'deciding matters specified in sub-section (7) of sectiorl 3 and section 62 of the Act. Before giving any decision, he shall hear the concerned parties or give tdem an opportunity of being heard. 1
(2) For the purposes of section 43(1) the prescribed authority shall be the Commissioner.
37. Penalty.-Any person who contravenes any of the provisions of the rules shall, on conviction, be punishable with fine which: may extend to fifty rupees.
By order and in the name of the Administratcr of Goa, Daman and Diu.
.
i I P. Noronha, Under Secretary, Industries and Labour, I Panaji. P4th January, 1975.
I I I I . - * 0 1 - ,
SCHEDULE A The Statement in Form I shall be sent to the Inspertor together with the fees prescribed in this schedule:
!
Sr. No. Categories of Establishments +g. fee.
1. Shop/Establishment employing no persons R;. 5/-
2. Shop/Establishment employing 5 or Less ~ b . 101- than five persons .
L-
3. Shop/Establishment employing more than R$. 2y- 5 but less than 10 persons '
4. Shop/Establishment employing 10 t~nd Rs. 4431- above but less than 20 persons
5. Hotels, Restaurants, Residential Hotels R$. 50/- Theatres or other places of PuMallc amusem ~ n t o r entertainment or phop/Establiskiment employing 20 o r more pemons
SCHEDULE R (See Rule 8) The notice of change in Form Vi shall be s a t to the Inspector together with fees prescrloed a s below: - S r No. Categories of Establishments Fee for any change
1. Shop/Establishment employing 20 or more Rs. 2/- persons 2 Other shops/Estabiishrnents Re. I/-
SCHEDULE C The amount of fees for the different types of prc?ceed~ks shall be set out below:
3r. No. Description of r~r.ocredinpw Amount of fees
1. Application for
(i) preferring an a p p e a 1 Re. I/- (One rupee) under s e c t i o n 40 and rule 23 D { i f ) preferring second appeal Ru 2/- (Two rupees) to Labour Court
2. Application for payment of wages, gratuity, etc. u n d ~ r section 43/44 ( i ) Individual ~pplication Re. 1/- (One rupee) ( i i ) Group applic,:ion Rs. 5/- (Fly? rupeeas)
3. -urt fee on icstnirrlent show- Ile. 1/- (Oile rupee) ing autliorisation
4. Fres for copies of d o c u n ~ e z t . ~ Same fees a s levied by Civll C Q u r t s from time to time 5 i\pplication to summon wjtnrsses - ( i ) For the first witness men- Re. 0-50 !fiftv-paise) tinned in the :~piication ( i i For evF.1). s r ~ b s e a u ~ n t wit- Re. 11-25 (Tvrenty five n rss paise) 6 . Application for recovery of Re. I/- (On(. rupee) nrnounts due - Form I (See rule 3 ) Stz t r rne~l t under Xtxtlnn 3( 1 j Name of Shop/Estnblishment, l i 'my:
Eonr No and Nainr of tPe Street nnd exact loration of the Shop/E.stahiis?lrnent and postal ~ l d d r e s s .
Exact location of office, store-rooin.
godown, warehouse, o r work place. it any. a t tached to shop but situeted in p r ~ m i s e s different from thos- of shop/ Establishment.
Full narne of the enlployer, includtng h i s rather 's name Residentis1 a d d r ~ s s of the en~ployer.
Full n3me of Manager, if any, incluclmg his father 's nam?, and his resldcntial addrrss.
N x m ~ s o t!?e p:~rlners, if any, and their residential addresses (If a partners!lip concern).
Category of cstahlishment, I e. whet h c i n shop, c ~ m ~ n e r c i a l establishment. reritlential hotel. restaurant.
estlng house, theatre, c i n e n ~ a o r other r l ac t of public amusement or entert ~ ~ u l r n ~ n t ctc Nature of husinrss.
Adults Young person!
. . * %-++-- i - ~ h a & ' I \ , . , I i " ' " 7 ' - T !
i -26- I
11. Nam: r of ,members of employer's . family engaged in the shop/establish-j ment. I i - - Total I 1
14. Details of remittances: (Enclose chalan obtained from treasury/State Bank).
Young per
12. Naanes of other employees.
( i ) in a managerial capacity.
, (ii) as sweeper, caretaker and travelling staff.
(.iii) as persons employed for loading and unloading goods at godown.
13. Total number of employees:
Adults 5 I I I 1 Males Females Total -- - - - -- I hereby declare that the above Unfmmation 2s true to the best of ,my knowledge and b m .
I Relationship Name of the Treasury Signature ck employer.
Date:
Note:
Chalan , No. and date ,
1. This statement shall be sent to the Inspector concerned with svch fees as prescribed in Schedule A Amount of fee paid
2. Item 3 should be filled only when the office, store room, etc., are not separately registered under the Act. In respwt of such store rooms, dc., not separately registered, particulars requbed under item 11, 12, 13 should be given separately for each office, store room, etc.
3. If any item is nut applkable enter &Tot Applicable,.
I + I Serial Number -I Registration Certificate No.
date of registrnticn W Name o f E s t e t ~ l ~ s l l n ~ r n t I I Name oi the t ~ n l ~ l o y e r with residentin1 address I Names of partners and their residential addresses I Nanlr cbf the Miinagar.. I P any with 1 residential addl,ess I Postal address and exact location 1 of the Establisirnrent I Exact location of office, s tore room, godown, warehouse o r workplace if any, attached to Establishme111 but situated ill premises different from those of t i r e I~stablishnrenl L 1 I Nature of Business I I i I Date of commenrrmtnt uf b~r r inem I Women Nunlber of member:
Of employer's farnil] who a r e not aem ~ l o y e e s * within thc meaning of Sec tion 2(7) t;
Date of Inspection in connection with I I the registration I t Number of other p t l s o ~ r s occupyitrg position of rnanngement drawing T:s. 500/- on average per month L" S + I ir 1 ~l%lt%'o. a n d Date 1 No. of other persons ernployPd suclr a s Trnvelling Staff etc.
Adult men Women Total Number of Employees Young persons J a t , FORM I11 (See Rule 5) Ibgistrrction Certificate of Establishment
1. Registration Number -
2. Name of the Establishment -
3. Postal address of Establishment -
4. Name of the employer- 5 . Nature of Business - I t is hereby certified that ... has been registered a s ..
this day . .. of 197..
Seal.
Signature of Inapecrol LWRM IV (See Rule 6 ) Renewal of Registration Certificate i Date of wnewal Category of Establishment . . . I To . p.,,, Total No. of Employees . . . I - Slgr~ature of Inspector with seal I Name of Establishment and Postal Address . . . I I To The Inspector, . . . i Sir, i As the period of Registration Ceriificate No. . . . originally i granted/subaequently renevqd to us is to expire/hns already t ,xpired on . ., I (We) have to request for its renewal. The lriginal cert~ficate is enclosed.
Signature of Employer Date: ...
Place : . . .
FORM Y (See Rule 7 ) Notice of Loss of Registration Certificate and Appldcation for Issue of Duplimh Certificate hTame of the Establishment: - Address: - Registration No.: - To, The Inspector, Sir, This is to inform you that the registration certlflcate Of this establishment has been lost/destroyed/defaC.,a due to . . .
(here spc i fy the resbsons/circumstances). Please issue a duplicate certificate.
Challan No. . . . Date . . . For Rs. . . .
is enclosed herewith.
Date : . . .
Yours faithfulty, (Signature of Employer) FORM VI \., (See Rule 8) Notice of Change Name of the Establishment already registered:
. . .
Name of the Employer:
Registration Certificate Number:
Addw,us : . . .
Dated the ... day of ... 197 ...
To, The Inspector . . .
(Under Goa, Daman and Diu Shops and Estab!ishments Act, 1873) Sir, Notice is hereby give2 'hat the following change has taken place in respect of information foryarded to you in Form I which please note. The registration certificate ar?d chalan No. . . . dated . . . for Rs. ... is enclosed.
Signature of the Employer.
Note: -The Notice of change in this form shall be rent together with suCh fees a s are prescribed in Schedule B.
FORM VLI (See Rule 10) Certificate of Age I hereby certify that I have personally examined (name j ...
son/daughter of . . . residing a t :.. and that he has romplct.~ct his/her twelfth/eighteenth year of age.
Identific;~tiun/Description marks are: --
(1) ( 2 ) Signature or thumb impres- Medical Pract!tioner.
sion of employee-.
[See Rule 11 (1) (c) 1 *cord of Llmewrilsliing-etc.
- - -- -- -.- -- A Date on which lime/colour washing, painting or varpor t Establish- Par t s lime/colour ~ ~ ~ ~ t ~ ~ ~ t (whether n ~ s h ~ n g waa carried out merit g, nnlne washed, p a ~ n t e d or (according to English S ~ g n a t u r e of Employer Remarks varn~shed e. g walls. iime'coiour of room Calendar) wood work, celllngs, etc. "Inted Or varnished) I P a y 1 Month 1 Year 1 2 3 4 6 6 I FORM IX [See Rule 17(3) (a)] Register of Fines Name of the establishment and address: Registration number:
FORM X [See Rule 17(4)] mgiswr of deiluctions for damage cr lo.% caused to the employer by the neglect or default of employees Name of the establishment and address. Regls tration riumber Whethe r worker showed cause r \ t h p r s O r Darnage aga ins t de- Amount of D:k::n d u c t ~ o n Eniployae h u ~ u r n d s nrme / o r not a n d ",:$% / dedurl lon total R c m u r h any I 1f so , d'lte l~nposed I on wlilch I I cause was 1 W - shown W 1 a - 5 6 8 9 - - -- - -- -- - - I I 7 1 I X u n ~ b r r of instalnier1ts, Date on I u h l c h , - ' U.%, ." . : &g$f--' *&&T*p. , . . % ;.,<** :-y-. $,PS F. Y F****+A, .RF>, ,TA.u%%.%%yyf3 ,: , . - .- , L* G;d. &s'$?&qJ*pw-. *-E [See ~ u i e z1(3)1 Register of Leave i Name and address of the establishment:
Name of employer :
Registration No.
Name of employee.
Father's name.
5 Date of appointment.
hrned Leave with Wages I f I 7 -- 8 Signature 6 --- Balance - i % -- Date of Application -- - Employee 6 - It refused in part or full -- Empl-er From Date Reasons ze t -- Applied 3 No. of days of leave to which he 1s entltled - lProm Date -- To Date 4 _ h a v e granted Brom Date TO Date FORM X I 1 (Shall be the same a s register of leave with wages (form XIII) but shall be made out separately for each worker on a thick bound sheet or in the form of bound note book).
FORM X V [See Rulc 24(1)] Form of Appeal under section QO(1) (b ) ariebg out of tenninatwn of services Before the Commissioner . . .
Appeal No. . . . 197 Shri .. Appellant (Employee) Reapondent (Employer) .The Appellant s ta tes as follows: -
1. I, ..., son/wife of . was employed a s ... in the service of S/Shri . . . , Employer in his establishment known a s ... f r ~ m (da te ) ... .
2. The address of appellant for service of all notices is a s follows. .
3. The address of Respondent (Employer) for service of all notices is a s follows. .
4. The respondent (En~ploye:) has without a reasonable cause and for no misconduct or fault of the appellant has terminated the services of the appeiiant with effect from . .. or served a notice dated . .. to terminate the services with effect from ... . .
5. The respondent has terminated services of the appellant/ / transferred establishment to new Employer. S/Sfiri.. .
without giving ( i ) one month's notice in w ~ l t i n g or wages in lieu thereof and (ii) gratui ty amounting to Rs. ... (Rupees ... ) a s the appellant has put in a service of . . . years and ... months (From date ... to date . . . ) . Hence, appellant is entitled to receive In addition wages fcr 2 nlonths amounting tc Rs. ...
(Rupees ... ) in terms of sub-section (2) of section 39.
6. The services of appellant have been terminated wronfully a s he has not committed any acts or omissions prescribed in rule 221 a s the Employer has not followed the procedure laid down in rule 23/ a s the punish- , ment imposed is disproportionate to the misconduct.
if any, committed, etc., etc., (attach detailed grounds with copies of documents, if any) .
7. The appellant has retlred/resigned for reasons stated below on date. ... . But g r a t u ~ t y is amounting to Rs. ... ' (Rupees ) based on servlce of ... years ... months (from date ... to date ... ). Hence, appellant is entitled to receive in addition wages for 2 months arr~ounting to Rs. ... (Rupees . . . ) in terms of sub-section (3 ) of section 39. I
8. The wages of appellant is estimated to be Rs. .. {Ku- I pees ...) per month. I
9. Hence, the appellant prays tha t a direction may be issued to the Respondent (Employer) under sub-section (2) of section 40 for:
( a ) reinstatemenl of appelant in services of Employer.
(b) y y m e n t of f u l l wages from the date of termination till the date of reinstat~ment.
( c ) payment wages in lieu of notices amounting to Rs. ... .
(d) payment of gratuity amounting to Rs. .. .
(e) payment of additional wages amolr;lting to Rs. . . . .
( f ) payment of con~pensation amounting lo Rs. ... .
( g ) payment of costs as follows:
( i ) Court fees amounting to Rs. . . . .
(ii) witness expenditure Rs. . . . .
(lii) Pleader's fees Rs. . . . .
(h) Any other relief as the authority deems fit.
Thr total relief claimed above amounts to R s . .. (Rs. . . . ) .
The appellant hereby certifies that the statement of facts contained in this plain: is true to the best of his knowledge and belief.
The appellnrit craves lear-e to add to or amend this plaint.
Date: ..
Signature or thumb impression of Appellant (Employee) FORM XV (See Rule 25) Appllo3tlon for payment of wnges eta.
In the Court of the Authority appointed under sectior, 42 of the Goa. Darnan and Diu Shops and Establishments Act, 1973.
- 41 - Application No. . f . 19 . .
Between A. B. C. Applicant (through Shri .. . a legal practitioner and official of . .. which is a registered trade Union).
And Opposite Party The applicant(s) state(s) as follows:
1. A. B. C. is a (are) persons employed in ... establishment ntitled and reside(s) a t The address of the applicant(s) for the services of all notices and processes is'
2. X. Y. 2. ... the opposite party is the person responsible or the p a p e n t of his (their) wages under the Act, and his their) address for the service of all notices and process is:
3. (a) The applicant's wages have not been paid for the following wage period(s) (give date) ... or a sum of Rs. ...
has been unlawfully deducted from his wages of ... (amount) for the wage period(s) which ended on (Give date/dates) ...
(b) (here give any further clrrirr- or explanation).
4. The applicant(s) estimate(s) the value of the relief sought by him (them) a t the sun1 of rupees ...
5. The applicant(s) pray (s) that E direction may be issued under said Act for:
(a) paymeilt of his (their) delayed wages or gratuity as estimated or such greater or lesser amount as authority may find to be due or refund of the amount illegally deducted.
(b) Compensation amounting to ...
( c ) Costs amounting to : - The applicant(s) certify(ies) that the statement of facts contained in his application is true to the best of his knowledge and behalf.
Signature or thumb impress!on of the employee(s) or legal Practitioner or Official of a registered trade union duly authorised.
Note. -When the application is by a group of employees the thumb impressions or signatures of two of the applicants need be put to the application and a full list of applicants should be attached.
FORM XVI (See Rule 25) Pam of 8ppllcstIon by an bspector or permn permitted by the authority or nuthorimed to act In the Court of the Atithority appolnted under Section 42 of the Goa, Daman and Diu Ehops and Establishments Act, 1873.
Application No. . . . of 107 Between A. B. C. ( ~ e s i ~ n a t i o r i ) ... An Inspector under the (Shops and Establishment Act, 1973 or a person permitted by the Authority / authorised to act under section 43) -Applicant.
And X. Y. 2. The Opposite Party The applicant states as follows:
1. X. Y. 2. the opposite party, is the person responslble under the Act for the payment of ... of wages to the following person is) .
2. His address for the service of all notices and proceszes is:
3. The wages of the said person(8) due in respect of the following wages period(s) have not been paidhave been subjected to the follcwing illegal deductions:
4. The applicant estimates the value of the relief sought for the employee(s) a t the sum of Rs. ...
5. The applicant prays that a direction may be issued under the said Act for:
Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find tc be due.
(a) refund of the amount fllagally deducted
(b) Compensation arnorintlng to:
(c) Cost amountfng to:
The applicant certifies that the statement of facts contained in this application is true to the best of his knowledge bnd belief.
Data: Signature - - 43 - FORM X T I (See Rule 26) U t t e r of suthorisstion the Court of the Authority appointed under Section 42 the Goa, Daman end Diu Shops and Estakllshments Application No. of 1e7 I/We hereby authorise Shri . a legel practitioner, an ct on my/our b~ha l f in the above described proceedings Signature or thumb imptesslon of employees FORM XVTII [See sub-rule ( 3 ) of rule 271 Notfce for hhe rliryossl of appficstion < ......
dlsposai of the application, you must be prepared to uce on what day all the witnesses upon whose evldence, . . .
and the documents upon which you intend to rely In support of your claim/defence.
Take notlce t h a t in default of your appearance on the . . . day before mentioned, the application will he dismissed/ ,/heard and determined in your abence/cx-parte.
Given under.hand and seal, this ... day of ... 19 ...
Signature of Authority Seal FORM XIX ['See Rule 30(6)] Monthly Mary of Inspector for the month ending 197 Signature of Inspector gubmitted to Commtsstoner, Labour and Employment, Panejl.
FORM XXI [See Rule 31(1)] Name of Establishment and address:
Name of Employer and address:
Register of Employment Registration Number : . . .
Working I From ... to ...
Hours From ... to ,..
Note: -Mark 'H' nhall be made on any day on which holiday is given Houra worked during wage period ending 7 Remarks 10 Sr No.
1 Total houm worked Name Of employee 2 Norn~al 8 Father's/ /Husbandqn name 8 Overtime 9 Nature of work or deofgnntion 5 Age 4 ~~t~ Appointment 6 [See Rule 31(1)] Notice of hours of work commencing . . . 19.. .
Name of Employer and Description of Department > -4 Establishment:
Day - Employment to commence Intervals for meala & roet Employment to made Note: - 11) The hours above shall be exclusive of overtlnle.
(2) Actual times to be noted in col. 4.
Signtiture of employer Dated:
FORM XXIII [See Rule 31(2)1 Register of wages Name of Establishment . . . Registration No. . .
I Name of Employer and address . . . Wage Period . .
FORM XXIV [See Rule 31(3) (a)] Notice of c l o * ~ - d a ~ or n-change in close day _ _-- .- * - Name of Shop/Establishment and address Reglstlation No.
Notice is hereby given tha t with effect from (da te ) the Shop/Establishment shall observe ... day a s close day every week. It shall be the weekly holiday for all Employees.
Signature of employer To Inspector under the Goa, Daman and Diu Shops and Establishments Act, 1973.
-- FORM XXV l ~ e e Rule 3 1 ( 3 ) ( a ) ] Notice of Shop/Establish~nent Close Day ---* ..,. w.-' .-- P Name and address of Shop, Establishnlent. .
; This is to notify tha t our Shop/Establishment shall remain closed in every week on DAY ; Approved 2 Signature of employer :. Inspector FORM XXVI [See Rule 31(3b) ] Notice C: weekly holiday Name and address E Establishment Registration Number. .
The person(s) employed in this Establishment shall be given a holiday on tbe day specified below in the week following the date of this notice and every week until further notice.