Kerala Gazette No. 46 dated 18th November 2008 .
PART I
Section iv GOVERNMENT OF KERALA
Labour and Rehabilitation ( B ) Department
NOTIFICATIONS
G.O. (Rt . ) No. 1889/2008/ LBR .
Dated, Thiruvananthapuram , 16th July 2008 .
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S.R.O. No. 1163 /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 regular employees of the Cochin Refineries Employees ' Consumers Co - operative Society Limited No. E- 226 , Ambalamugal , Cochin -682 302 from the operation of the provisions of the said Act for a period of one year from 1st October , 2007 to 30th September , 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 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 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 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. 639 /2008 /G .
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( ii) ascertaining whether registers and records were as required by the Employees' State Insurance (General ) 1950 for the said period ; or maintained Regulations , (iii) ascertaining whether the to the benefits provided by the benefits in considerations of which this notification ; or employees continue to be entitled employer in cash and kind being exemption is being granted under (iv) ascertaining whether any of the provisions of the saiu 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 he may consider necessary ; or as
to (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 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
(c) examine the officers of the society servants of the said establishment or any person found in such factory establishment office or other premises or any person whom the said Inspector or other official has reasonable cause to believe to have been an employee ; 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 said society .
By order of the Governor,
M. MOHAMED BASHEER ,
Joint Secretary to Government .
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The President , Cochin Refinaries Employees ' Consumers Co - operative Society Limited No. E - 226 , Ambalamugal , Cochin -682 302 has requested the Government to exempt regular employees of the society from the provisions of the Employees State Insurance Act 1948 for the period from 1st October , 2007 to 30th September , 2008 .
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In consultation with the Regional Director , Employees ' State Insurance Corporation , Thrissur Government have decided to exempt the regular employees of the said society from the provisions of said Act for a period of one year from 1st October , 2007 to 30th September , 2008 .
This notification is intended to achieve the above purpose .
II
S.R. O. No. 1164/2008.- 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 regular employees of the Cochin Refineries Employee's Consumers Co-operative Society Limited No. E - 226 , Ambalamughal, Cochin-582 302 from the operation of the provisions of the said Act for a period of one year from 1st October , 2008 to 30th September , 2009 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 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 44 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
(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 4
(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 ; ог
(b) enter any factory , establishment , office or other premises occupied by the said society at any reasonable tirne and require any person found in charge thereof to produce to such Inspeator 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
(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 reasonable cause to believe to have been an employee ; or
(d) make copics 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 ,
M. MOHAMED BASHEER , Joint Secretary to Government .
Explanatory Note
This does not form part of the notification , but is intended to indicate its general purport .)
The President , Cochin Refineries Employees ' Consumers Co - operative Society Limited No. E- 226 Ambalamughal , Cochin - 683 302 has requested the Government to exempt the regular employees of the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st October, 2008 to 30th September , 2009 .
In consuitation with the Regional Director , Employees ' State Insurance Corporation , Thrissur, Government have decided to exempt the regular employees of the said society from the provisions of said Act for a period of one year from 1st October , 2008 to 30th September , 2009.
This notification is intended to achieve the above purpose