Kerala Gazette No. 41 dated 14th October 2008 .
PART I
Section iv
GOVERNMENT OF KERALA
Labour and Rehabilitation (B) Department
NOTIFICATION
G. O. ( Rt ) No. 1890 /2008 /LBR .
Dated, Thiruvananthapuram , 16th July 2008 .
S. R. O. No. 1052/2008- In exercise of the powers conferred by section 87 of the Employees State Insurance Act , 1948 ( Central Act 34 of 1948) read with Section 91 -A thereof, the Government of Kerala in consultation with the Employees , State Insurance Corporation hereby exempt Cherukulam Coir Vyavasaya Co-operative Society Limited No. 370, Crerukulam, P. O. , Makkada, (via) Kakkodi , Kozhikode District , Pin -673 617 from the operation of the provisions, of the said Act for a period of one year from 1st November , 2007 to 31st October , 2008 subject to the following conditions , namely: -
( 1 ) The society shall maintain a register showing the names and designations of its employees;
(2) Notwith standing 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 , hall not be refunded ;
(4) The Society 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 retur.'s 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) ofSection 45 of the said Act , or other official of the Corporation authorized in this behalf shall for the purpose of
(i ) verifying the particulars contained in any return submitted under sub- section ( 1 ) of section 44 of the said Act ; or
G. 640/2000 , G.
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(ii) ascertaining whether registers and records were maintained as required by the Employee's State Insurance (General) Regulations , 1950, for the said period; or
( iii) ascertaining whether the employees continue to be entitled to the benefits provided by the employer in cash and kind being benefits inconsiderations 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 force in relation to the said society be empowered to-
(a) require the society to furnish to him such information as he may consider necessary ; or
any factory , (b) enter establishment , office or other premises occupied by the said society at 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 wagas or to furnish to him such information he may consider necessary ; or as (c) examine the officers of the society servants of the said society or any person found in such factory cstablishment , office or other premises or any person whom the said inspector or other official has reasonable cause to believe to have been an employce ; or
(d) make copies of or take extracts from any register , account books or other documents maintained in such society, office or other premises of the aoid society.
By order of the Governor ,
M. MOHAMED BASHEER , Joint SecretarytoGo ernment .
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Explanatory Note
(This does not form part of the notification but is intended to indicate its general purport ) .
The Secretary, Cherukulam Coir Vyavasaya Co - operative Society Limited No.370, Cherukulam , P. O. Makkada, ( via) Kakkodi , Kozhikode District , Pin- 673617 has requested the Government to exempt the society from the provisions of the Employces State Insurance Act, 1948 for the period from 1st November, 2007 to 31st October , 2008 .
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 one year from 1st November , 2007 to 31st October , 2008 .
This notification is intended to achieve the above purpose .