The Goa Shops and Establishments Act, 1973 — Physical PDF page 19 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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(b) make such inspection of the premises and of any registers or other records and
take on the spot or otherwise evidence of such persons, as he may deem necessary, in
the manner prescribed;
(c) exercise such other powers as may be necessary for carrying out the purposes of
this Act.
51. Inspectors to be public servants.— Every Inspector appointed under section 49
shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (Central Act 45 of 1860).
CHAPTER X
Penalties for Offences
14
[52. Penalties.— Any employer who contravenes any of the provisions of sections 4,
5 to 8, 10 to 25, 27 to 39, 41 and 57 shall be punishable for a first offence with fine which
may extend to two hundred and fifty rupees, for a second offence with fine which shall
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not be less than five hundred rupees and which may extend to one thousand rupees and
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for a third or subsequent offence with fine which shall not be less than one thousand five
hundred rupees and which may extend to two thousand rupees:
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Provided that where any employer fails to possess a valid certificate of registration in
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contravention of the provisions of section 3 or 3-A or of the rules made thereunder, he
shall, on conviction, be punishable, in the case of a continuing offence, with a further fine
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which may extend to hundred rupees for each day during which the offence continues].
53. Penalty for obstructing Inspector, etc.— Any person who wilfully obstructs an
Inspector in the exercise of any power conferred on him under this Act, or any person
lawfully assisting such Inspector in the exercise of such power, or who fails to comply
with any lawful direction made by such Inspector, shall be punishable with fine which
may extend to 15[one thousand rupees].
54. Procedure in trial of offence.— (1) No Court shall take cognizance of a
complaint against an employer under section 43 relating to deductions from wages or
delay in payment of wages or gratuity payable under this Act to an employee, unless an
application in respect of the facts constituting the offence has been presented under
section 43 and has been granted wholly or in part and the authority empowered under the
latter section or the appellate Court granting such application has sanctioned the making
of the complaint.
(2) Before sanctioning the making of a complaint against the employer for such an
offence, the authority empowered under section 42 or the appellate Court, as the case may
be, shall give such employer an opportunity of showing cause against the granting of such
sanction, and the sanction shall not be granted if such employer satisfies the authority or
Court that his default was due to—
(a) a bonafide error or bonafide dispute as to the amount payable to the employee;
or
(b) the existence of exceptional circumstances, such that the employer was unable,
though exercising diligence, to make prompt payment; or
(c) the failure of the employee to accept payment.