Conditional attachment of property of employer
Section 46 of the Goa, Daman and Diu Shops and Establishments Act, 1973 deals with conditional attachment of property of employer. Where at any time after an application has been made under sub-section (1) of section 43, the authority, or where at any time after an appeal has been filed under clause (b) of sub-section (1) of section 45, the Court referred to in that section, is satisfied that the employer is likely to evade pay
(1) Where at any time after an application has been made under sub-section (1) of section 43, the authority, or where at any time after an appeal has been filed under clause (b) of sub-section (1) of section 45, the Court referred to in that section, is satisfied that the employer is likely to evade payment of any amount that may be directed to be paid under section 43 or section 45, the authority or the Court, as the case may be, except in cases where the authority or Court is of opinion that the ends of justice would be defeated by the delay, after giving the employer an opportunity of making representation, may direct the attachment of so much of the property of the employer as is, in the opinion of the authority or Court, sufficient to satisfy the amount which may be payable under the direction.
(2) The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) relating to attachment before judgement under that Code shall, so far as may be, apply to any direction for attachment under sub-section (1).
Section 46, The Goa, Daman and Diu Shops and Establishments Act, 1973 (Act 13 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 46
What does Section 46 of the Goa, Daman and Diu Shops and Establishments Act deal with?
Section 46 of the Goa, Daman and Diu Shops and Establishments Act is headed "Conditional attachment of property of employer". Where at any time after an application has been made under sub-section (1) of section 43, the authority, or where at any time after an appeal has been filed under clause (b) of sub-section (1) of section 45, the Court referred to in that section, is satisfied that the employer is likely to evade pay
How do I find court cases under Section 46 of the Goa, Daman and Diu Shops and Establishments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Goa, Daman and Diu Shops and Establishments Act 46, section 46 Goa, Daman and Diu Shops and Establishments Act, section 46 of the Goa, Daman and Diu Shops and Establishments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 46 of the Goa, Daman and Diu Shops and Establishments Act, and has it changed?
Its own text turns on section 43, section 45 (Appeal), so none of them can safely be read on its own.
When was the Goa, Daman and Diu Shops and Establishments Act enacted?
Goa, Daman and Diu Shops and Establishments Act was enacted in 1974 as Act 13 of 1974. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1429 words
- 3. Registration of Establishments and renewal of registration certificates658 words
- 23. Leave533 words
- 43. 527 words
- 39. Conditions for terminating the service of an employee and payment of gratuity465 words
- 61. Exemptions391 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/f874c770-fe1c-4f29-a968-29cbb889c009.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/4d6bbae4-a265-4dac-b9a3-38b433a703db/content). This page is not a substitute for legal advice.