Kerala Gazette No. 5 dated 29th January 2008 .
Section iv PART I
GOVERNMENT OF KERALA
Labour and Rehabilitation ( B) Department
NOTIFICATION
G. O. (Rt . ) No. 3594/2007/ LBR .
Dated, Thiruvananthapuran, 27th November 2007 .
S. R.O. No. 129/2008 . In exercise of the powers conferred by section 87 of the Employees State Insurance Act, 1948 (Cenual Act 34 of 1948 ) , read with Section 91 -A thereof, the Government of Kerala in consultation with the Employees State Insurance Corporation hereby exempt M/ s . Moothakunnam Coir Vyavasaya Co-operative Society Limited No. 51 , P. O. Mothakunnam , North Paravoor, Pin- 683 516 from the operation of the provisions of the said Act for a period of one year from 1st October, 2005 to 30th September , 2015 subject to the following conditions , namely:-
(1) The society 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 Act 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 society shall submit in respect of the period during which it WILS subject to the operation of the said Act (hereinafter referied 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;
G. 11 /2008/G .
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(5) Any Inspector appointed by the Corporation under sub -section ( 1 ) of Section 45 of the said Act, er other official of the Corporation authorized in this behalf shall for purpose of- the (i) verifying the particulars contained in any return submitted under sub -section ( 1 ) of Section 44 of the said Act ; or
(ii) scertaining whether registers and records were maintained required by the Employees ' State Regulations , 1950, for the said period; 00 Insurance (General) ( 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 in fores in relation to the said society be empowered to- werc
(a) require the society he may consider to furnish to him such information as necessary ; or
(b) enter any factory, establishment , office or other premises occupied by the said societyat any reasonable time 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 wages or to furnish to him such information as he may consider necessary; or
of (c) examine th officers of the society servants of the said found in such factory, premises or any person society any person establishment office or other whom the said Inspector or other official has reasonable cause to believe to have been an employee ; or (4) make copies of or take extracts from any register, account books or other documents maintained in such society, office or other premises of the said society .
By order of the Governor,
C. MOHANAN, Additional Secretary to Government 3
Explanatory Note
(Thisdoes not form part of the notification , but is inteaded to indicate its general purport .)
The President , Moothakunnam Coir Vyavasaya Co - operative Society Limited No. 51 , P. O. Moothakunam , North Paravoer , Pin - 683 516 has requested the Government to exempt the society from the provis ons of the Employees State Insurance Act, 1948 for the period from 1st October, 2005 to 30th September 2005 .
In consultation with the Regional Director, Employees' State Insurance Corporation , Thrissur, Government have decided to exempt the said society from the provisions of said Act for a period of year from 1st October, 2005 to 30th September, 2006 . one This notification is intended to achieve the above purpose .