{ "id": 16325, "slug": "the-goa-daman-and-diu-labour-welfare-fund-act-1986", "title": "The Goa, Daman and Diu Labour Welfare Fund Act, 1986", "short_title": "The Goa, Daman and Diu Labour Welfare Fund Act, 1986", "act_number": "(Act 4 of 1987)", "act_year": 1986, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": null, "description": "The Goa, Daman and Diu Labour Welfare Fund Act, 1986", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(a) 'Board' means the Goa, Daman and Diu Labour Welfare Board established under section 4;\n(b) 'contractor' means contractor as defined in clause (c) of sub-section (1) of section 2 of the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act 37 of 1970);\n(c) 'employee' means any person who is employed for hire or reward to do any work, skilled or unskilled, manual, supervisory, clerical or technical in an establishment for a continuous period of 30 days during the period of 12 months whether the terms of employment be expressed or implied, but does not include any person-\n(i) who is employed mainly in a managerial capacity; or\n(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand and six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reasons of the powers vested in him, functions mainly of a managerial nature,\n(d) 'employer', means a person who has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, superintendent or by any other name, such other persons;\n(e) 'establishment' means any-\n(i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act 53 of 1948), or any place which is deemed to be a factory under section 85 of that Act, or\n(ii) motor transport undertaking as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (Central Act 27 of 1961), or\n(iii) establishment, including a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860), and a charitable or other trust whether registered under any law applicable to such charitable or other trust or not, which carries on any business or trade or any work in connection therewith or ancillary thereto but does not include an establishment not being a factory which is a unit or department of the Central or any State Government, or\n(iv) establishment as defined under sub-section (9) of section 2 of the Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974), or\n(v) establishment of a contractor, or\n(vi) scheduled employment as defined in clause (g) of section 2 of the Minimum Wages Act, 1948 (Central Act 11 of 1948), or\n(vii) plantation, or\n(viii) motor transport service including trucks, engaged in transport of passengers or goods, or\n(ix) port, dock, wharf or jetty, or\n(x) inland water transport service including barges, launches, dredgers, engaged in movement, transport or handling of goods or cargo or transport of passengers, or\n(xi) establishment which the Government may, by notification, declare to be an establishment for the purpose of this Act;\n(f) 'Fund' means the Labour Welfare Fund constituted under section 3;\n(g) 'Government' means the Government of Goa, Daman and Diu;\n(h) 'Inspector' means an Inspector appointed under section 21;\n(i) 'Legislature' means the Legislative Assembly of Goa, Daman and Diu;\n(j) 'notification' means a notification published in the Official Gazette of the Government of Goa, Daman and Diu and the word \"notified\" shall be construed accordingly;\n(k) 'Secretary' means the Secretary of the Board appointed under section 20;\n(l) 'unpaid accumulation' means all payment whether called as wages or bonus, gratuity or compensation or by any other name, due to an employee but not paid to him within a period of three years from the date on which payments become due whether before or after the commencement of this Act but does not include the amount or contribution, if any, paid by an employer to a provident fund established under the Employees' Provident Fund Act, 1952 (Central Act 19 of 1952), and compensation payable under Workmen's Compensation Act, 1923 (Central Act 8 of 1923);\n(m) 'wages' means all remuneration capable of being expressed in terms of money which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment, but does not include-\n(i) The value of any house accommodation or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by general or special order of the Government, or\n(ii) any contribution paid by the employer to any pension or provident fund or under any scheme of social insurance, or\n(iii) any travelling allowance or the value of any travelling concession;", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Labour Welfare Fund.", "chapter": null, "content": "(a) unpaid accumulations paid to the Board under sub-section (2) of section 12;\n(b) deductions made under the proviso to sub-section (2) of section 9 of the Payment of Wages Act, 1936 (Central Act 4 of 1936);\n[(c) contribution made by employers and the Government;]\n(d) any interest by way of penalty paid under section 13;\n(e) any voluntary donations;\n(f) any fund transferred under sub-section (5) of section 16;\n(g) any sum borrowed under section 17;\n(h) grants or advances made by the Government; and\n(i) all fines imposed and realised from employers by courts for violations of Labour Laws less the deduction made by Court towards administrative expenses.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Establishment of Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Constitution of Board.", "chapter": null, "content": "(a) such number of representatives of employers and employees as may be prescribed:\n(b) such number of members of the Legislature as may be prescribed; and\n(c) such number of officials and non-officials as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Term of office of members.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Disqualifications and removal.", "chapter": null, "content": "(a) is an officer or servant under the Board, or\n(b) is an undischarged insolvent; or\n(c) is found to be lunatic or becomes of unsound mind; or\n(d) is or has been convicted by a criminal court for any offence involving moral turpitude; or\n(e) is in arrears of any sum due to the Board.\n(a) is or has become subject to any of the disqualifications mentioned in sub-section (1) ; or\n(b) is absent without leave of the Board for more than three consecutive meetings of the Board.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Resignation of office by member and filling up of casual vacancies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Power to appoint committees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Acts of Board or Committee not to be invalidated by informality, vacancy, etc.", "chapter": null, "content": "(a) of any vacancy or defect in the constitution of the Board or the Committee; or\n(b) of any defect or irregularity in the appointment of a person acting as a member thereof; or\n(c) of any defect or irregularity in such act or proceeding not affecting the merits of the case.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Function of Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Unpaid accumulations and claims thereto.", "chapter": null, "content": "(a) exhibit on the notice-board of the establishment in which the unpaid accumulation was earned; and\n(b) publish in the Government Gazette, and in such other manner as may be prescribed, regard being had to the amount of the unpaid accumulation; invite claims by employees, their heirs, legal representatives or assigns for any payment due to them. The notice shall be given in the manner aforesaid in June and December of every year, for a period of three years from the date of the payment of the unpaid accumulation to the Board.", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Interest on unpaid accumulations or fine after notice of demand.", "chapter": null, "content": "(a) for the first three months at two per cent of the said amount for each complete month or part thereof after the last date by which he should have paid it according to the notice; and\n(b) for each complete month or part thereof thereafter at four and a half per cent of that amount during the time he continues to make default in the payment of that amount:\n14. [Contribution to fund by employees and the Government.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "15", "title": "15. Grants and advances by Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "16", "title": "16. Vesting and application of Fund.", "chapter": null, "content": "(a) community and special education centres, including reading rooms and Libraries;\n(b) vocational trainings;\n(c) games and sports;\n(d) excursions and tours;\n(e) community necessities;\n(f) entertainment and other forms of recreation;\n(g) convalescent homes for tuberculosis patients;\n(h) holiday homes in health resorts;\n(i) home industries and subsidiary occupations for women and unemployed;\n(j) part-time employment for housewives of employees;\n(k) pre-schools, nurseries and creches for employees;\n(l) nutritious food to children of employees;\n(m) employment opportunities to the disabled employees;\n(n) cost of administering this Act including the salaries and allowances of the staff appointed for the purposes of this Act; and\n(o) such other objects as would, in the opinion of the Board, improve the standard of living and ameliorate the social conditions of labour;\n(p) accident and occupational diseases:\n[(q) any scheme approved by the Government for the benefit of retrenched workmen and other workmen affected by closure of industrial establishments.]", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "17", "title": "17. Power of Board to borrow.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "18", "title": "18. Deposit of fund and placing of accounts and audit report before State Legislature.", "chapter": null, "content": "(a) cause the accounts of the Board together with the audit report thereon forwarded to them under sub-section (2) to be laid yearly before the Legislature; and\n(b) cause the accounts of the Board to be published in the prescribed manner and make available copies thereof for sale at a reasonable price.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "19", "title": "19. Power of Government to give directions to Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "20", "title": "20. Appointment and power of Secretary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "21", "title": "21. Inspectors.", "chapter": null, "content": "(a) to make such examinations and hold such inquiry as may be necessary for ascertaining whether the provisions of this Act have been and are being complied with;\n(b) with such assistance, if any, as he thinks fit, to enter, inspect and search any premises of any factory, industrial or commercial establishment or any farm (agriculture or otherwise) at any reasonable time for the purpose of carrying out the objects of this Act;\n(c) to require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this Act and to record on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;\n(d) to seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by an employer;\n(e) exercise such other powers as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "22", "title": "22. Appointment of clerical and other staff by Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "23", "title": "23. Powers of Government to call for records.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "24", "title": "24. Mode of recovery of sums payable to Board.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "25", "title": "25. Power to supervise welfare activities.", "chapter": null, "content": "(i) to require the production of any document in possession of the employers of the establishment in connection with such money to satisfy itself as to such money is being applied for such purpose;\n(ii) to call for any information from such employers of the establishment as it may deem relevant; and\n(iii) to issue such directions to the employers of such establishment as it may deem fit for the purpose of utilising the fund for promoting the welfare of the employees.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "26", "title": "26. Penalty for non-compliance with direction.", "chapter": null, "content": "(a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and\n(b) for a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both:", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "27", "title": "27. Penalty for obstructing inspection or for failure to produce documents, etc.", "chapter": null, "content": "(a) for the first offence, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and\n(b) for a second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both:", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "28", "title": "28. Offences by companies.", "chapter": null, "content": "Explanation.\n(a) 'Company' means a body corporate and includes a firm or other association of individuals; and\n(b) 'Director' in relation to a firm means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "29", "title": "29. General provision for punishment for offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "30", "title": "30. Cognizance of offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "31", "title": "31. Annual report.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "32", "title": "32. Supersession of Board.", "chapter": null, "content": "(a) the Chairman and all the members of the Board shall as from the date of supersession, vacate their offices as such;\n(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board and the Chairman shall during the period of supersession be exercised and performed by such Authority or persons as the Government may direct;\n(c) all funds and other property vested in the Board shall, during the period of supersession, vest in the authority or person referred to in clause (b); and\n(d) all liabilities, legally subsisting and enforceable against the Board shall be enforceable against the authority or person referred to in clause (b) to the extent the Funds and property vest in it or him.\n(a) extend the period of supersession for such further period not exceeding six months as they may consider necessary, or\n(b) reconstitute the Board in the manner provided in section 5.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "33", "title": "33. Delegation of powers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "34", "title": "34. Members of Board, Secretary, Inspectors and all officers and servants of Board to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "35", "title": "35. Protection of action taken in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "36", "title": "36. Exemption.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "37", "title": "37. Power to make rules.", "chapter": null, "content": "(a) all matters expressly required or allowed by this Act to be prescribed;\n(b) the intervals at which or the period during which any of the sums referred to in section 3 shall be paid to the Board or into the Fund, the manner of making such payment and the agency for, and manner of, collection of any such sum;\n(c) the manner in which the accounts of the Fund shall be maintained and audited;\n(d) the allowances, if any, payable to the members of the Board;\n(e) the manner in which the employee's contribution may be deducted from his wages;\n(f) the form of notice regarding unpaid accumulations;\n(g) the procedure for making grants from the Fund;\n(h) the procedure for defraying the expenditure incurred in administering the Fund;\n(i) the manner in which the Board shall conduct their business;\n(j) the duties and powers of the Secretary and the Inspectors;\n(k) the conditions of service of the Secretary and Inspectors and other staff appointed by the Board or Government;\n(l) the delegation of the powers and functions of the Board to the Secretary and the conditions and limitations subject to which the powers may be exercised or functions performed;\n(m) the percentage of the annual income of the Fund beyond which the Board may not spend on the staff and on other administrative members;\n(n) the registers and records to be maintained and returns to be sent by employers;\n(o) the publication of the report of the activities financed from the Fund together with a statement of receipts and expenditure of the Fund and statement of accounts.", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "38", "title": "38. Powers to make regulations.", "chapter": null, "content": "(a) all matters expressly required or allowed by this Act to be prescribed by regulations;\n(b) the terms and the conditions of appointment and service and the scale of pay of officers and servants of the Board including the payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants of the Board;\n(c) the supervision and control over the acts and proceedings of the officers and servants of the Board and the maintenance of discipline and conduct among the officers and servants of the Board;\n(d) the procedure in regard to the transaction of business at the meetings of the Board including the quorum;\n(e) the purposes for which and the manner in which temporary association of persons may be made;\n(f) the duties, functions, terms and conditions of service of the members of the committees;\n(g) the manner and the form relating to the maintenance of the accounts of the Board;\n(h) registers and records to be maintained by the Board or its officers and servants including the register to be kept separately on account of unpaid accumulations.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "8", "title": "39. Amendment of section 8 of Central Act IV of 1936.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "8", "title": "40. Amendment of section 8 of Central Act 8 of 1923.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "41", "title": "41. Realisation of fines and remittance thereof.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "42", "title": "42. Authority to decide certain question.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "43", "title": "43. Powers to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 } ], "metadata": { "Act ID": "goa152", "Act Number": "(Act 4 of 1987)", "Enactment Date": "", "Act Year": "1986", "Short Title": "The Goa, Daman and Diu Labour Welfare Fund Act, 1986", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:55:19" }