Kerala Gazette No. 44 dated 4th November 2008 .
Section iv PART I
GOVERNMENT OF KERALA
Labour and Rehabilitation ( B) Department
NOTIFICATION
G. O. (Rt . ) No. 2206 / 2008 / LBR .
Dated, Thiruvananthapuram , 11th August 2008, S.R.O. No. 1126 /2008.- In exercise of the powers conferred by section 88 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 the permanent employees of the Kerala State Financial Enterprise Limited, Bhadratha , P. B. No. 510 , Museum Road , Thrissur - 680 020 from the operation of the provisions of the said Act for a period of one year from 1st April, 2007 to 31st March, 2008 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 employees should be brought under ESI coverage in future.
(5) 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 returns in such form and containing such particulars as were due from it in respect of the said period under Employees , State Insurance (General) Regulations , 1950 ; the G.671 / 2008 /G .
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(6) 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 under sub - section ( 1 ) of section 44 of the said Act; or submitted
maintained (ii) ascertaining whether registers and records were as required by the Employees , 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 in considerations of which exemption is being granted under this notification ; or
were (iv) ascertaining whether any of the provisions of the said Act had been complied with during the period when such provisions in force in relation to the said society be empowered to-
(a) require the society to furnish to him such he may consider necessary; or information as (b) enter any factory , 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 wages or to furnish to him , such information ashe may consider necessary; or
(c) examine the officers of the society servants of the said society or any person found in such factory establishment , office or other premises or any person whom the said Inspector or other official has to have been an employee ; or reasonable cause to believe (d) make copies of or take extracts from any register, accounts books or other documents maintained in such society , office or other premises of the said society.
By order of the Governor ,
M. MOHAMED BASHEER, Joint Secretary to Government .
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Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport . )
The Managing Director , Kerala State Financial Enterprises Limited, Bhadratha , P. B. No. 510 , Museum Road Thrissur -680 020 has requested the Government to exempt the permanent Employees of the establishment from the provisions of the Employees State Insurance Act , 1948 for the Feriod from 1st April , 2007 to 31st March, 2008 .
In consultation with the Regional Director , Employees State Insurance Corporation , Thrissur , Government have decided to exempt the permanent employees of the said establishment from the provisions of said Act for period of one year from 1st April 2007 to 31st March 2008 . a This notification is intended to achieve the above purpose .