Bare ActsThe Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025

Section 2

Definitions

Amendment status not verified — confirm the current text below against the official source.

Definitions.— In this Act, unless the context otherwise requires,— (a) “Chief Facilitator” means the Chief Facilitator appointed as such under section 31 of this Act; ---2--- (b) “child” means a person who has not completed his fourteenth years of age; (c) “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,— (i) 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, whether for purposes of gain or not, any business, trade or profession or work in connection with, or incidental or ancillary to, such business trade or profession; (ii) an establishment of any medical practitioner (including hospital, dispensary, clinic, polyclinic, maternity home and such others), architect, engineer, accountant, tax consultant, insurance consultant or any other technical or professional consultant; and (iii) 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. (d) “day” means the period of twenty-four hours beginning at midnight; (e) “employer” means a person owning or having ultimate control over the affairs of an establishment, and includes,— (i) in the case of a firm or association of individuals, a partner or members of the firm or association; (ii) in the case of a company, a director of the company; (iii) in the case of an establishment owned or controlled by the Central Government or a State Government or any local authority, the person or persons appointed to manage the affairs of such establishment by the Central Government or the State Government or the local authority, as the case may be; (iv) the manager, agent or other person acting in the general management or control of an establishment. (f) “establishment” means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment, 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 this Act; (g) “Facilitator-cum-Inspector” means a Facilitator-cum-Inspector appointed under Section 31 of this (h) “factory” means factory within the meaning of the Factories Act, 1948 (Central Act 63 of 1948); (i) “Government” means the Government of Goa; “holiday” means a day on which a worker shall be given a weekly off under the provisions of this Act; (j) “leave” means a leave provided for in Chapter V of this Act; (k) “local area” means any area or combination of areas to which this Act applies; (l) “local authority” means the Municipal Corporation of Panaji constituted under the City of Panaji Corporation Act, 2002 (Goa Act 1 of 2003), Municipalities constituted under the Goa Municipalities Act, 1968 (Act No. 16 of 1968), Panchayats constituted under the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994), The Goa Industrial Development Corporation constituted under the Goa Industrial Development Act, 1965 (Act No. 22 of 1965), the Authority constituted under the Goa (Mopa Airport Development Authority) Act, ---3--- 2018 (Goa Act 10 of 2018), the Authority under the Airports Authority of India Act, 1994 (Central Act No. 55 of 1994) and includes any other body which the Government may, by notification in the OfficialGazette, declare to be a local authority for the purposes of this Act; (m) “manager” means a person mentioned in the application under section 6 of this Act; (n) “member of the family of an employer” means the wife, husband, son, daughter, father, mother, brother or sister of an employer who lives with and is dependent on such employer; (o) “opened” means opened for the service of any customer, or for any business of the establishment, or for work, by or with the help of any worker of, or connected with, the establishment; (p) “period of work” means the time during which a worker is at the disposal of the employer; (q) “prescribed” means prescribed by rules made under this Act; (r) “prescribed authority” means the Commissioner of Labour for the purposes of this Act; (s) “register of establishment” means a register maintained for the registration of establishments under this Act, either manually or in electronic format; (t) “registration certificate” means a certificate of the registration of an establishment; (u) “residential hotel” means any premises used for the reception of guests and travellers desirous of dwelling or sleeping therein and includes residential club; (v) “restaurant or eating house” means any premises, in which, wholly or partially the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises is carried on, but does not include a restaurant attached to a theatre or restaurant or a canteen attached to a factory if the persons employed therein are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948); (w) “shop” means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers, and includes an office, a store-room, godown, warehouse or work place, whether in the same premises or otherwise, mainly used in connection with such trade or business, but does not include a factory; (x) “spread over” means the period between the commencement and the termination of the work of a worker on any day; (y) “theatre” includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performances or for any other public amusement or entertainment; (za) “wages” means wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936); (zb) “week” means the period of seven days beginning at midnight of Saturday; (zc) “worker” means any person (except an apprentice under the Apprentices Act, 1961 (52 of 1961), employed to do any manual, unskilled, skilled, technical, operational or clerical work for hire or reward, whether the terms of employment be express or implied but does not include member of the family of an employer who is not in receipt of any wages; (zd) “young person” means a person who is not a child but has not completed eighteen years of age. ---4---

Section 2 – The Goa Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2025 | DailyLaw.ai