Kerala Gasette No. 45 dated 13th November 2007 .
PART I
Section iv GOVERNMENT OF KERALA
Labour and Rehabilitation ( B ) Department
NOTIFICATION
G. O. ( Rt . ) No. 2912 /2007 /LBR.
Dated, Thiruvananthapuram, 27th September 2007.
8. R. O. No. 930/2007.- In exercise of the powers conferred by section 87 of the Employees State Insurance Act, 1948 ( Central Act 34 of1946) , read with section 91 -A thereof, the Government of Kerala in consultation with the Employees' Stato Insurance Corporation hereby exempt the Kerala Electrical and Allied Engineering Company Limited, Kasaraged Unit , Bedradka P.O. , Kasaragod from the operation of the provisions of the said Act for a period of one year from lst December , 2005 to 30th November, 2006 subject to the following conditions , namely:
(1) The establishment shall maintain a register showing the names and designations of its employees ; "
(2) Notwithstanding this exemption, the employees shall continue to receive such benefits under the said Ast to which they might have become entitled to on the basis of the contributions paid prior to the date from which exemption granted by this notification operates;
(3) The contribution for the exempted period if already paid, shall not be refunded ;
(4) The establishment shall submit in respect of the period during which it was subject to the operation of the said Act ( hereinafter referred to as the said period) , such returns in such form and containing such particulars as were due from it in respect of the said period under the Employees' State Insurance ( General ) Regulations, 1950 ; (5) Any Inspector appointed by the Corporation under sub- section( 1 ) of section 45 of the said Act , or other official of the Corporation authorised in this behalf shall for the purpose of (i) verifying the particulars contained in any return submitted under sub-section ( 1 ) of section 4 of the said Act ; or (ii) ascertaining whether registers and records were maintained as required by the Employees ' State Insurance ( General ) Regulations , 1950 for the said period; or
G. 1002/2007/G.
(iii) ascertaining whether the employees continue to be entitled to the benefits provided by the employer in cash and kind being benefits in considerations of which exemption is being granted under this notification; or (iv) ascertaining whether any of the provisions of the said Act had been complied with during the period when such provisions were in forco in relation to the said establishment be empowered to-
(a) require the establishment to furnish to him such information as he may consider necessarгу ; от
(b) enter any factory , establishment office or other premises occupied by the said establishment at anyreasonabletime and require any person found in charge thereof to produce to such Inspector or other official and allow him to examine such documents , books and other documents , relating to the employment or persons and payment of wager or to furnish to him such information as he may consider necemary ; or
(c) examine the officers of the catablishment servants of the sald establishment or any person found in such factory, establish ment, office or other premises or any person whom the sald Inspector or other official has reasonable cause to believe to have been an employee ; or
(d) make copies of or take extraes from any register , assoual books or other documents maintained in such sosiety. office or other premises of the said establishment
By order of the Governor ,
C. MOHANAN,
Additional Secretary to Government.
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport. )
The Managing Director , Kerala Electrical and Allied Engineering Company Limited, 7th floor, Housing Board Office Complex , Panampally Nagar, Kochi - 682 086 has requested the Government to exempt the Kasaragod Unit of the establishment from the provisions of the Employees State Insurance Act , 1948 for the period from 1st December, 2005 to 30th November , 2006 .
In consultation with the Regional Director , Employees' State Insurance Corporation , Tirimur Government have decided to exempt the said establishment from the provisions of said Act for a period of one year from 1st December , 2005 to 30th November , 2006 .
Thisnotification is intended to achieve the above purpose .