The Goa Shops and Establishments Act, 1973 — Physical PDF page 18 of 23
Unreviewed source-only snapshot. Full pages may contain principal wording, editorial commentary, tables, footnotes and appended documentary material. This is not approved current law or a purified section corpus.
Catalogue jurisdiction: Goa; territorial applicability is unverified.
- Title is 1973, printed Act number is 13 of 1974; cover notification LD/Bill/9/74 prints assent 28 September 1973 and publication 24 October 1974. Preserve all labels without reconciling them.
- Goa/Daman/Diu historical territorial wording and trailing numbered amendment notes on page 23 must remain.
- Separate 2025 Shops Act is not this edition; no repeal/currentness inference from the older title.
- Delivered/catalogue checksum and size discrepancies remain unresolved; no currentness, legal-text fidelity or human approval.
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(a) by the employer, if the total sum directed to be paid by way of wages, gratuity
and compensation exceeds three hundred rupees, or
(b) by the person who had applied under sub-section (1) of section 43 if the total
amount of wages or gratuity claimed to have been withheld from the employee or from
the unpaid group to which he belonged exceeds fifty rupees, or
(c) by any person directed to pay a penalty under sub-section (2) of section 43.
(2) Save as provided in sub-section (1) any order dismissing either wholly or in part an
application made under sub-section (1) of section 43 or a direction made under sub-
section (2) or sub-section (3) of that section shall be final.
46. Conditional attachment of property of employer.— (1) Where at any time after
an application has been made under sub-section (1) of section 43, the authority, or where
at any time after an appeal has been filed under clause (b) of sub-section (1) of section 45,
the Court referred to in that section, is satisfied that the employer is likely to evade
payment of any amount that may be directed to be paid under section 43 or section 45, the
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authority or the Court, as the case may be, except in cases where the authority or Court is
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of opinion that the ends of justice would be defeated by the delay, after giving the
employer an opportunity of making representation, may direct the attachment of so much
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of the property of the employer as is, in the opinion of the authority or Court, sufficient to
satisfy the amount which may be payable under the direction.
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(2) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908)
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relating to attachment before judgement under that Code shall, so far as may be, apply to
any direction for attachment under sub-section (1).
47. Powers of authority appointed under section 42.—Every authority appointed
under section 42 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
every such authority shall be deemed to be a Civil Court for all the purposes of section
195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (Central Act 5 of
1898).
48. Powers of Government to prescribe costs and court-fees for proceedings
under this chapter.— The Government may prescribe the scales of cost which may be
allowed and the amount of court-fees which shall be payable, in respect of any
proceedings under this Chapter.
CHAPTER IX
Appointment, power and duties of Inspectors
49. Appointment of Inspectors.— The Government may by notification, appoint such
number of Inspectors as it may think necessary for the purposes of this Act and fix the
local limits of their jurisdiction.
50. Powers and duties of Inspectors.— An Inspector may, within the local limits for
which he is appointed,
(a) enter at all reasonable hours with the assistance of such persons in the service of
the Government or any local authority as he thinks fit, any place which is or which he
has reason to believe, is used as an establishment;