The Goa Employment (Conditions of Service) and Retirement Benefit Act, 2001

Manual of Goa Laws (Vol. II) – 91 – Employment (Conditions of Service) 
  and Retirement Benefit Act 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

The Goa Employment (Conditions of Service) 
and Retirement Benefit Act, 2001 



Manual of Goa Laws (Vol. II) – 92 – Employment (Conditions of Service) 
  and Retirement Benefit Act 

 



Manual of Goa Laws (Vol. II) – 93 – Employment (Conditions of Service) 
  and Retirement Benefit Act 

 

The Goa Employment (Conditions of Service) and  
Retirement Benefit Act, 2001 

 
1. The Goa Employment (Conditions of Service) and Retirement Benefit Act, 2001 

(Goa Act 35 of 2001) [18-5-2001] published in the Official Gazette, Series I No. 6 
(Extraordinary) dated 10-5-2001 and came into force w.e.f. 19-9-2001. 

2. The Goa Employment (Conditions of Service) and Retirement Benefit 
(Amendment) Act, 2002 (Goa Act 2 of 2002) [25-1-2002] published in the Official 
Gazette, Series I No. 43 (Extraordinary) dated 29-1-2002 and deemed to have come 
into force w.e.f. 19-9-2001. 

3. The Goa Employment (Conditions of Service) and Retirement Benefit 
(Amendment) Act, 2003 (Goa Act 27 of 2003) [22-12-2003] published in the 
Official Gazette, Series I No. 39 (Extraordinary No. 2) dated 29-12-2003 and deemed 
to have came into force w.e.f. 19-9-2001. 

Arrangement of Sections 
 

1 Short title, extent, commencement and 
application 

2 Interpretation 
3 Registration of workman 
4 Identity Card 
5 Effect of non-registration 
6 Cessation of contribution 
7 Register of workers 
8 Contribution 
9 Payment of Benefit 

10 Rate of interest 

11 Mode of Recovery 

12 Penalty 

13 Other offences 

13-A Cognizance of offences 

13-B Compounding of certain offence 

14 Exemption 

15 Powers to remove difficulties 

16 Powers to make rules 

 
The Goa Employment (Conditions of Service) and 

Retirement Benefit Act, 2001 
 
 (Goa Act 35 of 2001)   [8-5-2001] 
 

AN 
 

ACT 
 
to provide for retirement benefits to certain classes of workmen in various  

employments. 
 

Whereas it is considered expedient to provide for certain retirement benefits to certain 
classes of workmen in various employment after they cease to be in employment on the 
grounds of retirement, ill-health, non-availability of employment/unemployed and in 
absence of any guarantee of any social security benefits because of casual or temporary 
nature of work and interrupted service. 



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  and Retirement Benefit Act 

 

Be it enacted by the Legislative Assembly of Goa in the Fifty-second Year of the 
Republic of India as follows:— 

1. Short title, extent, commencement and application.— (1) This Act may be called 
the Goa Employment (Conditions of Service) and Retirement Benefit Act, 2001. 

 
(2)  It shall extend to the whole of the State of Goa. 

(3) It shall be deemed to have come into force with effect from 19-9-2001: 
1[Provided that the Government may, by notification, appoint different dates for 

different types of industrial establishments: 

Provided further that if the Government considers it necessary or expedient to do so, it 
may postpone or relax to such extent as may be mentioned in the notification, the 
operation of all or any of the provisions of this Act for such period  2{as deemed fit, and 
from such dates as may be specified therein}.]  

(4) It shall apply to persons employed in any factory, either directly or through a 
contractor, and to persons in any industrial or other establishments including employed by 
any employer in any scheduled employment under the Minimum Wages Act, 1948 
(Central Act XI of 1948). 

2. 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]. 



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  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]. 



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  and Retirement Benefit Act 

 

3. Registration of workman.— (1) Every workman already in employment, on the 
date on which this Act comes into force, in any industrial establishment, operation or 
process to which this Act applies, shall, within a period of ninety days from date of 
commencement of this Act have to be registered by his employer with such registering 
officer notified in this behalf by the Government. 

6[ (1-A) Every employer shall ensure that every workman employed by him in any 
industrial establishment to which this Act applies, is issued an identity card by the 
authorized agency containing such details as may be notified by the Government in this 
behalf and the cost of the identity card shall borne by the employer. The employer, after 
issue of such identity card to the workman, shall, at no time dispossess the workman of 
the same either during employment or otherwise.]  

(2) Any person seeking employment in any establishment, operation or process or in 
any such employment in the State of Goa shall have to get himself registered with 
competent authority and shall be issued an identity card giving such details as may be 
notified by the Government in this behalf indicating the specimen of such identity card: 

7[Provided that the Government may by notification, authorize any agency to issue 
such identity card to such person and the expenses towards the issuance of such 
identity card shall be borne by such person]; 

8[(3) A workman who loses the identity card issued to him under 9{sub-section 
(1-A) or sub-section (2) as the case may be}, shall immediately make a report about 
the loss of the identity card to the 10{authorized agency or the competent authority, as 
case may be}, as well as to the employer and shall apply for a duplicate card on 
payment of prescribed charges.] 

4. Identity Card.— Every workman seeking temporary or permanent employment in 
the State of Goa and employed in any industrial establishment for any type of job 
irrespective of the nature of work or employed in any scheduled employment under the 
Minimum Wages Act, 1948 (Central Act 11 of 1948) or in any construction activity or 
any project for jobs of temporary and casual nature shall be issued identity card by the 
competent authority giving such details as may be notified by the Government under  
sub-section (2) of section 3 of this Act which shall be considered as a work permit which 
such workman shall produce on demand to the inspector appointed or any such authority 
appointed under this Act, provided, however, that in case of person or persons employed 
on temporary basis for a period less than eight days, such persons shall be required to 
apply for and secure a temporary work permit to be granted by the competent authority in 
lieu of the identity card. 
                                                            
6  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27 of 

2003]. 
7  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27 of 

2003]. 
8  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2 of 

2002]. 
9  Substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27 

of 2003].  
10  Substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27 

of 2003]. 



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  and Retirement Benefit Act 

 

5. Effect of non-registration.— (1) No employer of an establishment to which this 
Act applies shall employ and engage a workman without such workman having been 
registered under this Act and possessing the Identity Card or permit as provided for under 
this Act. 

(2) Every workman seeking any employment in any establishment shall produce his 
identity card before the said employer for enabling the employer to enter the details of the 
Identity Card in the register of workman. 

11[6. Cessation of contribution.— No contribution by an employer shall be required 
to be made in accordance with the provisions of Section 8 in respect of a workman who 
has been registered under this Act and issued such identity card after he secures a job of 
permanent nature having completed 240 days of work as continuous service in any 
factory or industrial establishments, operation or process or in any public undertaking 
12{or if his monthly wages exceed rupees six thousand five hundred or he has completed 
the age of fifty years}]. 

7. Register of workers.— Every employer shall maintain a register of workman 
employed giving the details of his name and code number of his identity card showing the 
details of employer’s contribution, wage period-wise and this register shall be produced 
on demand by an inspector. 

8. Contribution.— Every employer engaging workman with such identity card shall 
deposit in the Government Treasury an amount equivalent to 5% of the total gross wages 
of the workman every month 13[within 21 days from the pay day] as employers 
contribution towards retirement benefit and such deposits shall be made in the 
Government Treasury under such head of account as may be notified by the Government 
in the Official Gazette 14{and such employer shall also furnish to the competent authority 
and to such other agency as may be notified by the Government, monthly returns showing 
details of contribution in respect of individual workman in the prescribed form}: 

Provided that no such employer shall be liable to deposit such amount after the 
workman is absorbed as a regular employee after he has put in 240 days of continuous 
service: 

Provided further that no employer shall be liable to make contribution in respect of the 
workman who has completed the age of fifty years 15{or whose monthly wages exceed 
rupees six thousand five hundred}. 

9. 16[Payment of Benefit.]— The contribution made by such employer in respect of a 
workman in such workman's account and deposited with the Government shall become 

                                                            
11  Section 6 substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002  

[Act No. 2 of 2002].  
12  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27  

of 2003]. 
13  Substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2  

of 2002]. 
14  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27  

of 2003]. 
15  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27  

of 2003]. 
16  Title substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act  

No. 2 of 2002]. 



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  and Retirement Benefit Act 

 

payable alongwith the accrued interest to such workman on his attaining the age of fifty 
years; or his dependent, heirs, as the case may be, in case of death of the workman before 
he attains the age of fifty years whichever is earlier. 

17[Any workman eligible for the above payment shall apply in the prescribed 
manner to the competent authority and the competent authority shall, after having 
satisfied itself about the claim, effect the payment, in such manner as may be 
prescribed.] 

10. Rate of interest.— The amount deposited by the employer in the Government’s 
treasury in favour of the workman who has been issued identity card shall bear interest at 
the rate of 6% or at such increased or decreased rates as may be notified by the 
Government from time to time. 

11. 18[Mode of Recovery].— (1) An amount payable under the provisions of section 8 
of this Act to be deposited with the Government, if not deposited by an employer, the 
same shall be recovered by the competent authority, from such employer as arrears of 
land revenue alongwith additional amount equivalent to the amount payable. 

(2) Any amount which has not been so deposited as required under the provisions of 
this Act, shall be recovered upon issuance of recovery certificate to be issued by the 
Commissioner or such other Officer notified to be a Commissioner under section 2(d) of 
this Act. 

(3) 19[If a contractor engaging any workman fails to make a deposit within the 
prescribed period or makes short payments, then the principle employer shall be liable to 
deposit such amount in the Government treasury in full or the unpaid balance, as the case 
may be, and shall be entitled to recover the amount from the said contractor, either by 
deductions from any amount payable to the contractor under any contract or as a debt 
payable by the contractor.] 

20[12. Penalty.— An employer who engages any workman without his possessing an 
identity card, for a wage period exceeding one such wages period shall constitute an 
offence under this Act punishable with a fine which may extend to rupees five thousand. 

13. Other offences.— If any person contravenes any of the provisions of this Act or of 
any rules made thereunder for which no other penalty is elsewhere provided, he shall be 
punishable with fine which may extend to two thousand rupees.] 

21[13-A. Cognizance of offences.— No court shall take cognizance of a complaint 
against an employer under the Act, 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.] 

                                                            
17  Added by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2 of 

2002]. 
18  Title substituted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 

2 of 2002]. 
19  Title of original section 12 was omitted and section re-numbered as sub-section 3 of section 11 by Goa Employment 

(Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2 of 2002]. 
20  Original section 13 re-numbered as section 12 and there after a new section 13 inserted  by Goa Employment 

(Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2 of 2002]. 
21  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2002 [Act No. 2 of 

2002]. 



Manual of Goa Laws (Vol. II) – 100 – Employment (Conditions of Service) 
  and Retirement Benefit Act 

 

22{13-B. Compounding of certain offence.— (1) Any offence punishable under 
section 12 or section 13 and committed after the commencement of this Act, may, either 
before or after the institution of the prosecution, be compounded by such officer or 
authority and for such amount as the Government may, by notification in the Official 
Gazette, specify in this behalf. 

(2) Where an offence is compounded under sub-section (1), no proceeding or further 
proceeding, as the case may be, shall be taken against the offender in respect of the 
offence so compounded.} 

14. Exemption.— The Government may, by notification in the Official Gazette, 
exempt, subject to such conditions and restrictions as it may impose, any class of 
industrial premises, or establishments or class of employers or employees from all or any 
of the provisions of this Act or of any rules made thereunder. 

15. Powers to remove difficulties.— If any difficulty arises in giving effect to the 
provisions of this Act, the Government may, by an order published in the Official 
Gazette, make such provisions not inconsistent with the provisions of this Act, as appears 
to it to be necessary or expedient for removing the difficulties. 

16. Powers to make rules.— (1) The Government may make rules for carrying out the 
purpose of this Act as may be required. 

(2) Every rule made under this Act shall, immediately after it is made, be laid before 
the Legislative Assembly of Goa if it is in session and if it is not in session, in the session 
immediately following, for a total period of fourteen days which may be comprised in one 
session or in two successive sessions, and if before the expiration of the session in which 
it is so laid or the session immediately following, the Legislative Assembly agrees in 
making any modification in the rule or in the annulment of the rule, the rule shall 
thereafter have effect only in such modified form or shall stand annulled, as the case may 
be, so however that any such modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule. 

 

 Sd/- 
 (L. S. Shetty) 
 Secretary, 
 Law Department (Legal Affairs). 
 

  

                                                            
22  Inserted by Goa Employment (Conditions of Service) and Retirement Benefit  (Amendment) Act, 2003 [Act No. 27 of 

2003].