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The Goa Shops and Establishments Act, 1973 — Physical PDF page 20 of 23

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Catalogue jurisdiction: Goa; territorial applicability is unverified.

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   (3) No Court shall take cognizance of a complaint against any person for an offence
under section 43 other than the offence referred to in sub-section (1) or for a
contravention of any rule made under section 59 except on a complaint made by or with
the previous sanction in writing of an Inspector under this Act within six months from the
date on which the offence or contravention is alleged to have been committed.

   (4) In imposing any fine for an offence referred to in sub-section (1), the Court shall
take into consideration the amount of any compensation already awarded against the
accused in any proceedings taken under section 43.

   55. Bar of suits.— No Court shall entertain any suit for the recovery of wages or
gratuity or of any deduction therefrom in so far as the sum so claimed—
     (a) forms the subject of an application under section 43 which has been presented by
  the plaintiff and which is pending before the authority appointed under section 42 or of
  an appeal under section 45; or
       (b) has formed the subject or a direction under section 43 in favour of the plaintiff;
  or
                                                               e
                                                         od
     (c) has been adjudged, in any proceeding under section 43 not to be owed to the
  plaintiff; or
                                                   aC
       (d) could have been recovered by an application under section 43.
  56. Contracting out.— Any contract or agreement, whether made before or after the
                                              di
commencement of this Act, whereby an employee relinquishes any right conferred by this
                                          In
Act shall be null and void in so far as it purports to deprive him of such right.

                                        CHAPTER XI
                                        Miscellaneous
   57. Restriction on double employment, maintenance of registers, records, etc. —
(1) No employee shall work in any establishment, nor shall any employer knowingly
permit an employee to work in any establishment, on a day or part of a day on which the
employee is given a holiday or is on leave in accordance with the provisions of this Act.
   (2) Subject to the control of the Government, an employer shall maintain such registers
and records and display such notices, as may be prescribed. All such registers and records
shall be kept, and all such notices shall be displayed on the premises of the establishment
to which they relate.
   (3) Every employer shall on demand produce or cause to be produced for inspection by
an Inspector all registers, records and notices required to be kept by or under this Act.
  (4) Every employer shall submit such returns relating to his business, in such manner
and within such period, and to such authority as may be prescribed.
   (5) Every employer shall give an order of appointment to his employee in the
establishment before such employee joins the service:

   Provided that in the case of an employee in the service at the commencement of this
Act, the employer shall give such order of appointment within a period of three months
from the date of such commencement.
   58. Delegation of powers.— (1) The Government may, by notification, authorise any
officer or authority subordinate to them, to exercise any one or more of the powers vested
in them by or under this Act, except the power mentioned in section 59, subject to such
restrictions and conditions, if any, as may be specified in the notification.