Goa Government Establishes New Boiler Penalty Adjudication Rules and Special Childcare Allowance

The Government of Goa recently enacted the Goa Boilers (Penalty Adjudication and Appeal) Rules, 2025, which came into force upon their final publication in the Official Gazette on September 25, 2025. These new rules, issued by the Government of Goa in exercise of powers conferred by Section 42 of the Boilers Act, 2025 (Act No. 12 of 2025), supersede the Goa Boilers (Penalty Adjudication and Appeal) Rules, 2024, establishing a comprehensive framework for addressing contraventions under the principal Act. Concurrently, the Department of Finance, Revenue and Control Division, issued an Order on July 31, 2025, implementing a special allowance for childcare for women employees with disabilities, effective from July 1, 2025.

The Goa Boilers (Penalty Adjudication and Appeal) Rules, 2025, detail the procedures for adjudication and appeals concerning penalties under the Boilers Act, 2025. The rules define key terms such as "Adjudicating Officer" and "Appellate Authority," outlining their roles and responsibilities. Adjudication proceedings commence upon receipt of an Inspector's report by the Chief Inspector, who then determines if a contravention punishable under Sections 27, 28, sub-section (1) of Section 30, or Section 31 of the Act has occurred. If so, the Chief Inspector authorises the Inspector to file an application with the Adjudicating Officer. The Adjudicating Officer initiates an inquiry, issuing a notice to the owner, providing a thirty-day period for a hearing. During the hearing, the Adjudicating Officer explains the alleged offence and allows the owner to present evidence. A final order must be passed within 180 days from the date of the first hearing. If a contravention is proven, the Adjudicating Officer imposes a penalty, specifying the contravened provisions and providing brief reasons for the decision, with the penalty remitted to the local treasury under a designated head of account. Orders are dated, signed, and copies are sent to the owner and the Inspector. The rules also specify methods for serving notices and orders, including delivery, registered or speed post, and affixing on premises. Furthermore, the rules introduce amendments to Form No. 5 and Form No. 15 A of the principal Rules, requiring the inclusion of Mobile Number, Email ID, and Permanent Account Number (PAN) for enhanced identification and communication.

For appeals, the rules stipulate that an appeal against a decision of the Adjudicating Officer must be filed with the Appellate Authority in Form 'A' within sixty days of receiving the order. The Appellate Authority may admit appeals filed after this period if sufficient cause for delay is shown. Appeals must be presented in triplicate, accompanied by the Adjudicating Officer's order, a statement of facts, grounds for appeal, relevant sections of the Act, and a fee of one thousand rupees affixed as a Court Fee Stamp. The Appellate Authority registers complete appeals, serves a copy to the Respondent, and may call for records from the Adjudicating Officer. The Respondent is required to file a reply within fifteen days. After hearing both parties, the Appellate Authority may confirm or set aside the appealed order, with its decision being final and binding. The Appellate Authority also possesses powers to issue interim orders or injunctions, with reasons recorded in writing.

In a separate but significant development, the Government of Goa's Department of Finance issued an Order to implement recommendations from the 7th Central Pay Commission. This Order adopts instructions from the Government of India, Ministry of Personnel, P.G. and Pensions, Department of Personnel & Training, to provide special allowance for childcare to women employees with disabilities. This benefit is specifically aimed at supporting those with young children or children with disabilities.

The legislative intent behind the Goa Boilers (Penalty Adjudication and Appeal) Rules, 2025, was to establish a clear, structured, and transparent legal framework for enforcing the Boilers Act, 2025. By superseding the 2024 rules, the new enactment addresses potential statutory gaps and limitations in the previous framework, ensuring due process for owners accused of contraventions and providing a robust mechanism for appeals. The inclusion of details like Mobile Number, Email ID, and PAN in forms aims to streamline administrative processes and improve communication within the regulatory system. The legislation provided: “On receipt of a report from the Inspector, the Chief Inspector shall examine the case according to the provisions of the Act, rules and regulations made thereunder under which the owner has been charged as to whether the contraventions are punishable with penalty under Sections 27, 28, sub-section (1) of Section 30 or Section 31 of the Act or no contravention is established.” This provision underscores the initial scrutiny and legal necessity for establishing a contravention before initiating formal adjudication. The policy rationale for the special childcare allowance for women employees with disabilities reflects a commitment to employee welfare and social equity, recognizing the unique challenges faced by this demographic, particularly in balancing professional responsibilities with childcare needs. This measure aligns with broader governmental efforts to support vulnerable sections of the workforce and enhance their participation and well-being.

Keywords: Goa Boilers Rules, Penalty Adjudication, Appellate Authority, Boilers Act 2025, Childcare Allowance, Women with Disabilities, Government of Goa, Official Gazette, 7th Pay Commission, Regulatory Framework

Geo Tags: India, Goa District: Not Applicable