Amendment status not verified — confirm the current text below against the official source.
Interpretation.— In this Act, unless there is anything repugnant in the subject or context,— (a) “adolescent” means a person who has completed fourteen years of age but has not completed eighteen years; (b) “adult” means a person who has completed eighteen years of age; (c) “beneficiary” means a workman registered under section 3(1) of this Act; (d) “Commissioner” means the Commissioner of Labour, of the Government or such other Officer not below the rank of Assistant Labour Commissioner as may be notified by the Government; (e) “competent authority” means any authority as may be notified by the Government in this regard or a Board that may be constituted by the Government by notification in the Official Gazette; (f) “continuous service” shall have the same meaning as assigned to it and defined under the Industrial Disputes Act, 1947 (Central Act 14 of 1947); (g) “contribution” means any sum of money payable by an employer as employers' contribution for retirement benefits payable to any workman to be deposited with the Government in the manner notified by the Government; 1 Inserted by Goa Employment (Conditions of Service) and Retirement Benefit (Amendment) Act, 2002 [Act No. 2 of 2002]. 2 Substituted by Goa Employment (Conditions of Service) and Retirement Benefit (Amendment) Act, 2003 [Act No. 27 of 2003]. Manual of Goa Laws (Vol. II) – 95 – Employment (Conditions of Service) and Retirement Benefit Act (h) “department” means any department of the Government and includes divisions and sections of such department; (i) “dependent” means the dependent of a workman who is a beneficiary under this Act and shall include a dependent as defined under the Workmen’s Compensation Act, 1923 (Central Act 8 of 1923); (j) “employer” means in relation to establishment, the owner thereof and includes:— (i) in relation to any work carried on, by or under the authority of any department of the Government directly with or without contractor, the head of such department or division or the authorities as may be specified by such head of department; (ii) in relation to any work carried on, by or behalf of a local authority, the Chief Executive of such local authority; (iii) in relation to work carried on by a contractor, such contractor; (iv) in relation to any other establishment, a person having charge of or owing or having ultimate control over the affairs of such establishment and includes the manager, agent or other person acting in the general management or control of such establishment, and shall include in relation to a factory, the owner or the occupier of the factory including his managerial agent; (v) in relation to any other establishment, the person responsible for the supervision and control of the establishment including one who employs a person for any services to be rendered and includes any person defined as employer under section 2(e) of the Minimum Wages Act, 1948 (Central Act XI of 1948); (k) “employed person” means a workman and includes the legal representative of the deceased workman; (l) “factory” means a factory as defined under the provisions of Factories Act, 1948 (Central Act 63 of 1948); (m) “Government” means the Government of Goa; (n) “industrial establishment” means any establishment, operation or process belonging to or under the control of the Government, local authority, any body corporate or firm, an individual or association or other body of individuals and includes:— 3[(i) “4[an] establishment” defined under the Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974); (ii) a motor transport undertaking as defined under the Motor Transport Workers Act, 1961 (Central Act 27 of 1961); 3 Original clause (a) to (h) re-numbered as (i) to (viii) and new clause (ix) inserted by Goa Employment (Conditions of Service) and Retirement Benefit (Amendment) Act, 2002 [Act No. 2 of 2002]. 4 Substituted by Goa Employment (Conditions of Service) and Retirement Benefit (Amendment) Act, 2003 [Act No. 27 of 2003]. Manual of Goa Laws (Vol. II) – 96 – Employment (Conditions of Service) and Retirement Benefit Act (iii) a plantation as defined under the Plantations Labour Act, 1951 (Central Act 69 of 1951); (iv) an inland vessel mechanically propelled including a barge; (v) a mine, quarry or oilfield, or a minor port; (vi) a workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; (vii) an establishment in which any work relating to the construction, development or maintenance of building roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of power is being carried on; (viii) any other establishment or class of establishment which the State Government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the Official Gazette but shall not include an establishment in employment in agriculture or a self employed professional in establishment; (ix) a factory as defined under the provisions of the Factories Act, 1948 (Central Act 63 of 1948);] (o) “inspector” means an inspector notified under this Act and includes a person vested with powers of inspector under Goa, Daman and Diu Shops and Establishment Act, 1973 (Act 13 of 1974) and also includes an inspector appointed under the provisions of the Minimum Wages Act, 1948 (Central Act 11 of 1948); (p) “prescribed” means prescribed by rules made under this Act; 5(pp) “registering officer” means any officer as may be notified by the Government in this regard for the purpose of sub-section (1) of section 3 of this Act; (q) “wage” means all remuneration paid or payable, in cash and in kind to an employed person, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employed person in respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off and other additional remuneration, if any, paid at intervals not exceeding two months; (r) “wage period” in relation to an employee, means the period in respect of which wages are ordinarily payable to him, whether in terms of the contract of employment, express or implied or otherwise; (s) “work permit” means the identity card issued under section 4 of this Act; (t) “workman” means any person including a trainee employed in any industrial establishment to do any work for wages or for hire or reward but shall not include an agricultural labourer; 5 Inserted by Goa Employment (Conditions of Service) and Retirement Benefit (Amendment) Act, 2002 [Act No. 2 of 2002]. Manual of Goa Laws (Vol. II) – 97 – Employment (Conditions of Service) and Retirement Benefit Act