t REGD. MH 1776 Panaji, Bill Aprii, 1973 (thaitra 15, 1B951 SERIES I No" I OFFICIAL GAZETTE :GOVERNMENT OF GOA, DAMAN AND DIU

GOVERNMENT OF GOA, DAMAN (a) of clause (00) of section 2 of the Industrial Dis.putes Act, 1947, excluding voluntary reti­ AND DIU rcmen,,",. from the scope of definition of "retren­ chment" such vc-luntary retirements shall for law and Judicial Department the purpose be treated as retrenchments by mutual consent of the parties".

Notification (S.70012/3/72-PF.II)

LD/104 7 /7'3 Sd./­ The follow:ing two notifications received from the DALJIT SINGH Government of India, Ministry of Labour and Reha­ bilitation (Depal'tment of Labour and Employment) Under Secretary New Delhi, are hereby published fcr general infor­ mation cf the Public. Notification M. B. Borkar, Under Secretary (Law). IJethi, 16th December, 1972 Panaji, 15th March, 1973. New the G. S. R. - In exercise of w" powers; conferred by rule 75 of the Contract Labour (Regulation and GOVERNMENT OF INDIA Abolition) Central Rulesl, 1971 an abstract of the (BHARAT SARKAR) Ccntract Labour (Regulation and Abolition) Act 1970 and the Contract Labour (Regulation and Abo­ MINISTRY OF LABOUR AND REHABILITATION lition) Central Rules·, 1971 is hereby notified: (SHRAM AUR PUNARVAS MANTRALAYA) Abstract of the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Re­ (Department of J.. aoour and Employment) gulation and Abolition) Central Rules!, 1971. (Shram AUr Rozgar Vibhag) 1. Extent of the Act: Notification The Act extends to the who-le of India. Dated New Delhi, Pin-ll0001 the 9th January, 1~73 The Act does not take away the rights/benefits Pausa, 1894 SE of any workmen who by terms of any agreement or contract or Standing Orders are enjoying 01' can G. S. R.- In exercise of the powers conferred by obt":in or are enUtled to more favourable and condi­ section 5, read with sub-secmon (1) of section 7 of tionsl of service or from entering into such agree­ the Employees' Provident Funds· and Family Pensicn mentsl etc., entitling them to mOre favourable bene­ Fund Act, 1952 (19 of 1952) the Central Government fits than provided under the Act. hereby makes the following Scheme further t.o amend the Employees' Provident Funds SCheme, 1952 II. To whom the Act applies: namely: - • The Act applies to every establishment in which 1. This Scheme may be called the Employees' Pro­ 20 c,r more workmen are employed or were employed vident Funds (First Amendment) Scheme, 1973. on any day of the preceding 12 months as Contract Labour and to every Contractor who 'employs' or 2. In the Emploveesl Prcvident Funds Scheme, who emplcyed on any day of the preceding 12 1952 after clause (d) of sub-paragrar:h (1) of para­ months, 20 or more workmen. graph 69, the following clause shall be added, namely. The establishments in which intermittent or casual work ,;s' performed do net come within the purview "( dd) On terminaHon of serviee under a vo­ of the Act. However, an cs,tablishment wherein work luntary scheme of retirement framed by the is performed for 120 days or more in the preceding employer and the employees> under a mutual 12 months or more than 60 days in a year on work agreement specifjl'ing inter-alia that notwith­ of a seasonal character will not be deemed as, carry­ standing the pre-vis.ions contained in sub-clause ing out the work of intermittent nature. 2 SERIES I No.1 ------.----.----.---. III. De!initidhs: IV. Machinery tor enforcement of the Act/Rules in Central sphere: 0) Appropriate Government means:-­ All Assistant Labour Commissioners (Central) (a) Central Government in relation to- have been appointed as Registering and Licensing (a) Any establishment pertaining to any indUE­ Officers' and all the Reg,ional Labour Cemmissioner try carried on by or under the authority of (Central) as; Appellate Officers. All the Regional the Central Government, Labour Commissioner (Central), Labour Enforce­ (b) any oc.ntrolled industry which may be spe- ment Officer (Central) and Junior Labour Inspectors cified by the Central Government, have been appointed -as Inspectca:s. (c) any Railway, V. Advisory Board: (d) Cantonment Board, (e) Major Port, The appropriate Government shall constitute the (f) Mine, AdviSOry Board to advise the Government on matters connected with the administration of the Act. (g) Oilfield, (h) any establishment of a banking or VI. Registration: (i) insurance company. Every principal employer of an establishment has, (b) In relation to any other establishment the to obtain a ·certificate d regiistration for his, esta­ Government of fhe States in which the e&tablishment blishment, from the Registering Officer of the area is situated. in which his e&tablishment is located, within the prescribed periiod fixed by :the appropriate Govern­ (II) Establishment: Any office or department of ment, on payment of the fees specified for the pur­ the Government or local authority or any place where pose. The certificate cd' registration can be revoked any industry, trade, business, manufacture or occu­ with previous; approval of appropriate Government pation is carried on. if it is found that the certifica:te has been obtained my misa:epresentation or suppression of -any materi-al (III) Principal Employer: a) In relation to any fact or if the registration has become useless or in­ office or department of the Government or local effective. authority, the head of the office or department or local authority or any other officer speCified in this behalf by the Government or local authority. VIr. Ii!ffect of non-registration: b) In the case of a facte,ry the owner or occupier No prinCipal employer of an establishment can em-· of the factory and the manager appointed under the ploy contract labour if his establishment has not Factories Act and in the case of mine the owner or been registered wiiMn the period &pecified by the an agent of the mine and the manager of the mine. appropriate Government or after revokation 'Of his registration. c) In any other establishment the person who is responsible for supervision and control of the VIII. Prohibition of employment of contract labour: establishment. The appropriate Government may after consulta­ (IV) "Contractor" : -- A person who undertakes to tion with the Central Advisory Board or the State produce a given result for the establishment other Advisory Board as the case may be prohibited by than a mere supply or goods or arNcles of manu­ notification in the Official Gazette employment of facture to such establ'ishment through contract contract labour in -any process, operation or other labour or who supplies: contract labour for any work work in any establishment. Before issuing such noti­ of the establishment. A contractor includes a sub­ fication the appropriate Government shall examine -contractor. the conditicns of work and benefits proviided for the contract labour in that establishment and other' (V) "Oentract Labour": - A workman shall be relevant factors. deemed to be employed as 'contract Labour' when he 'is hired for work in an establishment through a contractor with or without the knowledge cf the IX. Licensing of Contractors: principal employer. 1. With effect from such date as notified by the' appropr,jate Government, no contractor to whom this (VI) "Workman": - Any person .employed in or Act applies; £hall undertake or execute any ~Nork in connection with the wcrk of any establis,hment through contract labour except under and in accor­ to do any skilled, semi-skilled or un-skilled manual, dance with a l'icence issued in that behalf by the supervisory, technical or clerical work for hire or Licensing Officer. reward, whether the terms of employment be express 2. Every contractor to whcm the Act applies has or ;implied. to obtain a licence from the Licensing Officer of the A pers'On employed mainly in a managerial or area ;in which the estabEshment is located, within administrative capacity or employed in supervisory the period fixed by the appropriate Government by capaoity and is drawing wages exceeding Rs. 500/' depcsiting 'Rs. 30/- per worker and on payment of the preEcribed fee. The ·certificate of licence inter-aHa per month or exercising functions mainly or a contains. the following information: - managerial nature and an 'Out-worker whc' performs any work on behalf of the principal employer in (1) that l.icence shall be non-transferable. premises which are not under the control and mana­ (2) that the maximum number of workmen -that gement 'Of the principal employer, will not be can be employed as contract labcur in that deemed as; a wcrkman within the purv,iew of the Act. establishment along with other particulars 5TH APRIL, 1973 (OHAITRA 15,18_95.:..)______,-- ___3

such as rates of wages, payable, hours of Welfare/ i Health Conditions/Scales Time limit work and other services conditions of the amenities workmen.

(3) that in an establishment where 20 or more 2. ·'Where males are em­ workmen are ordinarily employed as con­ ployed at least one la­ tract labour the contractor shall provide trine for every 26 ma­ 2 rooms of reasonable dimensions for use les. Where the No. of males or females ex­ as creches and supply toys, games, bed­ ceeds 100 it will be dings, and cots, for the use of their chil­ sufficient if there is -do- dren. one latrine for 25 ma­ les or females as the case may be up to the The llcence is valid for 12 months and on payment first 100 and one for of pres~ribed fees it can be renewed and an applica­ every 50 thereafter. tion for renewal of licence should be made in not First aid First-aJid boxes at the less than thirty days befo:-e the date on which t~e facilities. rate of not less than licence issued expires. A l1cence can be revoked III one box for every 150 case it has been obtained through misrepresenta­ contract labour or part thereof should be tion, etc., or if the licensee has failed to comply maintained and shall with the conditio,ns' of the licence. An appeal can be readily accessible be filed on such orders by the aggrieved party during aU working within 30 days of the order. hours.

j X. Welfare and health of contract labour: If the contractor fails to provide the above ame­ I nities within the time limit prescribed, then such It is the responsibility of the contractor to pro­ amenities shall be provided by the prinCipal em­ vide canteen, rest shelter, drinking water, latrines, ployer within 60 days in the case of canteen, 15 days urinals, washing facilities and first aid boxes on the in the case of rest room, 7 days in respect of supply • following scales, within the prescribed time limit of drinking water, provision of latrines and urinals, shown against each of the welfare/health amem­ washing and first-aid facilities of the expiry of the ties:- period during which time the contractor was re­ quired to prOVide them. Welfare/ /Health Conditions/Scales Time limit Xl. amenities Payment of Wages: 1) The Contractor shall fix wage periods, not Canteen. Where employment of In case of existing exceeding one month in respect of which shall be contract labour is lip establishment, within paid. kely to continue for 60 days from the '6 months and the date the Rules come 2) Wages are to be paid before the expiry of the number of contract into force i. e. 10-2- 7th day after the last day of the wage period con­ labour employed is -71 and within 60 100 or more, an ade p days of the commen­ cerned in an establishment where less than one quate canteen has to cement of the em" thousand persons are employed and before the ex­ be set up and run as ployment of contract piry of the tenth day where one thousand or more specified in the Rules. labour in case of persons are employed. new establishments. 3) On termination of employment of a worker Rest Wherever employment of In case of existing due wages shall be paid to him before the expiry of Room. contract labour is li­ establishments with­ kely to continue for in 15 days from the s_econd working day from the day of termination 3 ro'onths or more and date the rules come of his employment. contract labour is ;re~ into force i. e. 10-2- quired to halt at night, -71 and within 15 4) All payments will be made to workers directly rest rooms are to be days of the commen­ or through other persons authorised by the workers maintained in accor­ cement -of the em~ dance with the Rules. ployment of contract for the purpose, the wages, being paid in current \ labour in case of coin or currency or in both and on a working day new establishment. at the work premises during working hours on dates •\ Drinking Whole some drinking In the case of existing notified in advance. Water. water shall be supplied establishments. with­ at conveni'ent places. in 7 days of the 5) If the work is completed before the expiry of commencement of the wage period, final payment shall be made within the rules i. e. 10-2-71 48 hours of the last working day. and in case of new establishments, with­ 6) The wages shall be paid to workers without in 7 days of the commencement of any deduction except those authorised under the the employment of payment of Wages Act, 1936. contract labour. 7) Payment of wages will be made in the presence Washing Adequate and suitable -do~ of an authorised representative of the Principal facilities. facilities for washing facilities be provided employer at the place and time notified for the as detailed in the purpose. Rules. Urinals 1. Where females are XII. Registers and Records: and Latri- employed at least one nes. latrine for every 25 fe­ i) The principal employer shall maintain a regis­ males. ter of contract. 4 SERIES I No.1

ii) Everycontrador shall maiintain a register of produce any required document or any register kept persons employed by him and also 'issue an employ­ under this Act or prevents or attempts to prevent ment card to each worker within three days, of his or does anything which the Inspector has reason to employment. On termination of employment, the believe is likely to prevent any person appearing contractor shall issue to the workmen a service before or being examined by him. certificate. II) Any permn who contravenes' any provisions III) The contractor shall maintain the following of this Act or rules prohibiting, restricting or regu­ registers in English or in Hindi. lating the employment of contract labour or contra­ venes any condition of a licence granted under this a) Muster Roll. Act shall be punishable with imprisonment up to b) Register of Wages; a period of three months or with fine of one thou­ c) Register of Deductions; sand rupees or with both, and in the case of a con­ d) Register of Overtime; tinuing contravention with an additional fine of e) Register of fines'; Rupees One hundred for every day during which such contravention continues afterconvi0tion for f) Register of advances; the first contravention. IV) Every contractor shall display an abstract .I!I) Every person who contravenes' any of the pre­ of the Act and rules in English and Hindi and in the VISiOns of the Act or rules for which no other penalty language spoken by the majority of workers. is elsewhere provided shall be punishable with im­ prisonment up to three months or with fine of one V) All registers and other records shall be pre­ thousand rupees or with both. served in original for a period of three calendar years from the date of last entry therein. The XVII. Offenoes by oompanies: registers and records maintained under the Act or rules shall be produced on demand before the Ins­ ]'f the person committing an offence under this Act pector or any other authority under the Act or any and Rules is a company, the company as well as person authorised in that behalf by the Government. every person incharge of a responsible to the Com­ pany for the conduct of its business shall be liable • XIII. Notioe: for the proceedings under the Act and the Rules. Notices showing the rates of wages, hours of work XVIII. Powers of Inspeotors: wage periods, date of payment of wages, names and addresses of the Inspector having jurisdiction, and An Inspector under the Act may- date of payment of unpaid wages, shall be displayed (a) enter, at all reasonable hours, with such in English and in Hindi and in the local language assistance as necessary any premises or place understood by the majority of the workers. where a contract labour is employed, for the pur­ pose of exm'ination of any register of record nor XIV. Returns: notices required to be kept or exhibited by or Every contractor shall send half-yearly return in under this Act or Rules made thereunder and Form XXIV (in duplicate) to the Licensing Officer required the production thereof for inspection. and every Principal Employer shall send annual !e­ (b) examine any person whom he finds in any turn in Form XXV (in duplicate) to the Reglstermg such premises or place and who, he has reason­ Officer. able cause to believe, is a workman employed therein. Note: Half year means a period of 6 months from 1st January, to 1st July of every year. (c) requi're any person giving out work and any workman, to give any information which is The half-yearly return is to be sent not later ,in his power to give with respect to the names, than 30 days after the close of the half year and and address€S of the persons, to, for and from • the annual return not later than the one to which whom the work is given out or received and with it relates. respect to the payments made for the work; (d) size Or take copies of such documents, or XV. Powers: notices, etc., which he may consider relevant in The Board Committee, Chief Labour Commissio­ respect of an offence under this Act. ner (Central) or the Inspector or any other autho­ ( e) exercise such other powers as' may be pres­ rity under the ·Act shall have powers to call for any cribed by the Government. information or statistic in relation to contract labour Sd./­ from any principal employer or contractor at any time by an order in writing. LALFAK ZUALA XVI. Penalties for offences: Under Secretary to the Govt. of India I) Any person who obstructs an Inspector in dis­ File No.3 charge of his duties or refuse of wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation under the Act, shall be punishable with Notification imprisonment up to a period of three months or LD/7/73 with fine which may extend up to five hundred ru­ pees or with both. The same punishment will be The following Act passed by the Legislative As­ applicable to any person who wilfully refuses to sembly of Goa, Daman and Diu received the 5TH APRIL, 1973 (CHAITRA 15, 1895)------assent by the Administrator of Goa, Daman and Diu • on 28-3-1973 and is hereby published for general 1 2 information. Rg. Rs. 13. Miscellaneous De· THE GOA, DAUAN AND DIU APPROPRIATION partments 1,65,000 1,65,000 (VOTE ON ACCOUNT) ACT, 1973 14. Scientific and Edu- cation Depart- (Act No. 7 of 1973) [28th March, 1973} ments 72,30,000 72,30,000 15. Medical and Public An Act to provide for the withdrawal of certain Health Services ... 43,95,000 43,95,000 sums from and out of the Consolidated Fund of the 16. AgrIculture, Forest and Animal Hus­ Union territory of Goa, Daman and Diu for the ser­ bandry 17,90,000 vices of a part of the Financial Year 1973-74. 17,90,000 17. Cooperation and Community Deve.­ Be it enacted by the Legislative Assembly of Goa, lopment 5.62,000 5,62,000 Daman and Diu in the Twenty Fourth Year of the 18. Industries and La_ Republic of India as follows:- bour 4,12,000 ',12,000 19. Miscellaneous, So­ 1. Short title. - This Act may be called the Goa, cial and Develop~ Daman and Diu Appropriation (Vote on Account) mental Organisa~ ( Act, 1973. tions 9,25,000 9,25,000 20. IrrigaUon, Naviga~ 2. Withdrawal of Rupees Five crores, fifty eight tion, Embankment laWlS and seventy four thousand from and out of and Drainage Works and Elec­ the Consolidated Fund of the Union territory of Goa, tricity Schemes '" 30,80,000 30,80,000 Daman and Diu for the fioancial year 1973-74.­ From and out of the Consolidated Fund of the Union 21. Public Works 25,60,000 16,000 25,75,000 territory of Goa, Daman and Diu there may be with­ 22. Road and Transport Schemes (includ- drawn sums not exceeding those specified in column 3 ing Ports and Pi­ of the Schedule amounting in the aggregate to the lotage) 5,20,000 5,20,000 sum of Rupees five crores, fifty eight lakhs and 23. Pensions and Other I ' seventy four thousand towards defraying the several Retirement Bene­ charges which will come in course of payment during fits 6,15,000 6,15,000 the financial year, 1973-74. 24:. Stationery and Prin­ ting 8,35,000 3,35,000 3. Appropriation. - The sum authorised to be Z5. Miscellaneous (in­ withdrawn from and out of the Consolidated Fund cluding Miscella­ neous, Compensa- by this Act shall be appropriated for the services tions and Assign­ and purposes expressed in the Schedule in relation ments) 9,14,000 9,14,000 to the said year. 26. Capital Outlay on Improvement 0 t THE SCHEDULE Public Health 12,50,000 12,50,000 (See Sections 2 and 3) 27. Capital Outlay on Schemes of Agrl Sums not exceeding cultural Improve­ ment and Re- search 14,75,000 14,75,000 28. Capital Outlay on ~ Service.o; [Ind purposes Voted -oy Total Industrial and .. "2 Assp.mbly Economic Deve- c lopment ... 4,50,000 4,50,000 z 29. Capital Outlay on Irrigation and 2 Electricity Sche- Rs. B.s. Rs. mes 74,70,000 74,70,000 1. Land Revenue 1,08,000 1,08,000 30. Capital Outlay on Public Works 45,75,000 45,75,000 2. State Excise Duties 1,80,000 1,80,000 31. Capital Outlay on 3. Taxes on Vehicles ... 62.000 62,000 Other Works 5,50,000 5,50,000 4. Sales Tax. ... 64,000 64,000 32. Capital DuNay on 5. Other Taxes and Road and Trans­ Duties 30,000 30,000 port Schemes (in- cluding Ports) ... 15,00,000 15,00,000 6. Stamps 5,000 5,000 33. Capital Outlay on 7. Registration Fees ... 90,000 90,000 Forests ... 2,30,000 2,30,000 8. Legislative Assem- 34. Capital Outlay on bly 1,10,000 1,000 1,17,000 Schemes of Go- vernment Trading 91,50,000- 97,50,000 9. General Administra,;, tion 9,95,000 55,000 10,50,000 35. Loans and Advances -by State 'and 10. Administration of Justice 1,90,000 2,40,000 Union Territory Governments 15,50,000 15,50,000 j 11. Jails... 1,10,000 1,10,000 Total ... 5,57,47.000 1,1l7,000 5,58,74,000 12, Poilce 15,00,000 15,00,000 6 SERIES I No.1

AN 4. Padma Vibhushan ACT 5. Padma Bhushan 6. Param Vishisht Seva Medal to authorise payment and appropriation of certain 7. Maha Vir Chakra sums from and out of the Consolidated Fund of the 8. Kirti Chakra Union territory of Goa, Daman and Diu for the 9. Padma Shri services of a part of the Financial Year, 1973-74. 10. Sarvottam Jeevan Raksha Padak (As passed by the Legislative Assembly 11. Ati Vishisht Seva Medal of Goa, Daman and Dw) 12. Vir Chakra 13. Shaurya Chakra B. M. MASURKAR 14. The President's Police and Fire Services Medal Secretariat, Secretary to the Government of Goa, for gallantry Panaji Daman and Diu, Law and Judiciary 15. Sena/Nao Sena/Vayu Sena Medal Department. 16. Vishisht Seva Medal 29th March, 1973. 17. The Police Medal for gallantry 18. Uttam Jeewan Raksha Padak 19. Wound Medal Notification 20. The General Service Medal-1947 21. Samar Seva Star-1965 LD/1180/73 22. Poorvi Star The following notification received from the Govt. 23. Paschimi Star of India, Ministry of Home Affairs, New Delhi, is 24. Raksha Medal-1965 hereby published for general information of the 25. Sangram Medal Public. 26. Sainya Seva Medal 27. Police (Special Duty) Medal-1962 M. S. Borkar, Under Secretary (Law). 28. Videsh Seva Medal Panaji, 26th March, 1973. 29. The President's Poli'Ce and Fire Services Medal for distinguished service 30. The Meritorious Service Medal GOVERNMENT OF INDIA 31. The Long Service and Good Conduct Medal 32. The Police Medal for meritorious service. MINISTRY OF HOME AFFAIRS 33. Jeevan Raksha Padak 34. The Territorial Army Decoration i PRESIDENT'S SECRETARIAT i 35. The Territorial Army Medal New Delhi, the 27th January, 1973 36. The Indian Independence Medal-1947 37. The Independence Medal-1950 Notification 38. 25th Independence Anniversary Medal No. 9-Pres./73 - The President has been pleased 39. 20 Years Long Service Medal to determine the following order of precedence of 40. 9 Years Long Service Medal wearing of the various medals and decorations. The 41. Commonwealth awards President's Secretariat Notification No. 35-Pres./70, 42. Other awards. dated the 3rd July, 1970, is hereby cancelled. Sd/- 1. Bharat Ratna 2. Param Vi'r Chakra P. N. KRISHNA MAN! 3. Ashoka Chakra Joint Secretary to the President.

GOVT. PRINTING PRESS-GOA (Imprensa Nac10nal -- Goa) PRICE-40 Po.