The Goa shops and commercial establishments act 1973

Summary

The Goa Shops & Establishments Act, and Rules are applicable to all the shops and commercial establishments in the areas notified by Government of Goa.

The Act is enacted for the purpose of protecting the rights of employees.The Act provides regulations of the payment of wages, terms of services, work hours, rest intervals, overtime work, opening and closing hours, closed days, holidays, leaves, maternity leave and benefits, work conditions, rules for employment of children, records maintenance, etc.

Definitions

Commercial Establishment means any establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes:

• a society registered under the Societies Registration Act, 1860 (Central Act XXI of 1860) or charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary
• to, such business trade or profession;
• an establishment which carries on the business of advertising, commission agency, forwarding or commercial agency or which is a clerical department of a factory or of any industrial or commercial undertaking;
• any other establishment which the Government may notify to be a commercial establishment, but does not include a factory, shop, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.

Establishment means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment bank and financial institution to which this Act applies and includes such other establishment as the Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of the Act;

Shop means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers and includes an office, store-room, godown, ware-house, sale depot and work-place, whether in the same premises or elsewhere, used mainly in connection with such trade or business, but does not include a factory, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948.

Registration

• Establishments existing on the date on which this Act comes into force within ninety days from the date on which the Act comes into force, and New Establishments within ninety days from the date on which the establishment commences its work,except a bank and financial institution shall send to the Inspector concerned, a statement in the prescribed form together with such fees as may be prescribed,containing:
• the name of the employer and the manager, if any;
• the postal address of the establishment;
• the name, if any, of the establishment;
• category of the establishment; and
• such other particulars as may be prescribed.

On receipt of the statement and the fees, the Inspector shall, on being satisfied about the correctness of the statement, register the establishment in the Register of Establishments in such manner as may be prescribed and shall issue in the prescribed form a registration certificate to the employer who shall display it at a prominent place in the establishment.

Compliances

References

• Goa, Daman and Diu Shops and Establishments Act, 1973
• Goa, Daman and Diu Shops and Establishments Rules, 1975
• Goa, Daman and Diu Shops and Establishments Notifications
• Goa Labour Department - Shops and Establishments E Registration
• Ease of Business - Renewal of Licence - 04 Feb 2021
• Auto-Renewal Of Registration, License Under Various Labour Laws - 10 Dec 2020
• Goa Office of the Labour Commissioner