Kerala Gazette No. 15 dated 14th April 2009 .
Section iv PART I
GOVERNMENT OF KERALA
Labour and Rehabilitation ( B ) Department
NOTIFICATIONS
G. O. (Rt . ) No. 316/2009 /LBR .
Dated, Thiruvananthapuram , 4th March 2009
I
S. R. O. No. 306/2009 . 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 the Medical College Catering Workers Co -operative Society Limited No. T. 993 , Medical College P. O. , Thiruvananthapuram - 1 from the operation of the provisions of the said Act for a • period of year from 1st November , 2003 to 31st October , 2004 subject to the following conditions , namely :- one
(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) Exempted on condition that the workers of the society should be brought under coverage of ESI from 1st April , 2009 onwards .
G. 224/2009 /G .
2
(6 ) 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
( ii) ascertaining whether registers and records were maintained as requiredby the Employees ' State Insurance ( General ) Regulation's 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
(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
(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 cmployment or persons and payment of wages or to furnish to hin 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, establish- ment , 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,
S. ABDUL KHAFOOR, Joint Secretary to Government .
3
Explanatory Note
(This does not form part of the notification but is intended to indicate its general purport .)
The Secretary , Medical College Catering Workers Co - operative Society Limited No. T- 993 , Medical College P.O. , Thiruvananthapuram - I has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st November , 2003 to 31st October , 2004 .
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 Ist November , 2003 to 31st October , 2004 .
This notification is intended to achieve the above purpose .
11
S. R. O. No. 307/2009. In exercise of the powers conferred by section 37 of the Employees State Insurance Act , 1918 ( Central Act 34 of 1948), read with Section 91A thereof, the Government of Kerala in consultation with the Employees State Insurance Corporation hereby exempt The Medical College Catering Workers Co- operative Society Limited No. T. 993 , Medical College P. O. , Thiruvananthapuram- 1 from the operation of the provisions of the said Act for a period of one year from 1st November , 2004 to 31st October , 2005 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) Exempted on condition that the workers of the society should be brought under coverage of ESI from Ist April , 2009 onwards ;
4
under (6) Any Inspector appointed by the Corporation 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
( 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
( 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
(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 as he may consider necessary : or
(c) cxamine the officers of the society servants of the said establishment or any person found in such factory, Jestablishment , 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 books or other documents office or other premises of the from any register , account maintained in such society said Society.
By order of the Governor ,
S. ABDUL KHAFOOR , Joint Secretary to Government.
5
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport . )
The Secretary, Medical College Catering Workers Co - operative Society Limited No. T. 993 , Medical College Р. О. , Thiruvananthapuram - 1 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st November , 2004 to 31st October , 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 one year from 1st November , 2004 to 31st October , 2005 .
This notification is intended to achieve the above purpose
S.R.O. No. 308/2009 . 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 the Medical College Catering Workers Co - operative Society Limited No. T. 993 , Medical P. O. , Thiruvananthapuram- 1 from the operation of the provisions of the said Act for a period of one year from 1st November , 2005 to 31st October , 2006 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) Exempted on condition that the workers of the society should be brought under coverage of ESI from 1st April, 2009 onwards .
6
(6) 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
(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 notification : or this (iv) ascertaining whether any of the provisions of the sail 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
(b ) enter any factory , establishment , office or other premises occupied by the said establishment 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 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, S. ABDUL KHAFOOR , Joint Secretary to Government .
Explanatory Note
(This does not form part of the notification, but is inten led to îndicate its general purport .)
The Secretary, Medical College Catering Workers Co - operative Society Limited No. T. 993 , Medical College P.O. , Thiruvananthapuram - 1 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period fron Ist November, 2005 to 31st October , 2006 .
7
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 , 2005 to 31st October , 2006 .
This notification is intended to achieve the above purpose .
IV
S.R.O. No. 309 / 2009. - In exercise of the powers conferred by section 87 of the Employees State Insurance Aot , 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 Medical College Catering Workers Co - operative Society Limited No. T. 993 , Medical College P. O. , Thiruvananthapuram- 1 from the operation of the provisions of the said Act for a period of one year from 1st November , 2006 to 31st October , 2007 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) Exempted on condition that the workers of the society should be brought under coverage of ESI from Ist April, 2009 onwards .
(6) 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 8
(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
(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 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 , society 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 ,
S. ABDUL KHAFOOR,
Joint Secretary to Government .
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The Secretary , Medical College Catering Workers Co - operative Society Limited No. T. 993 , Medical College P. O. , Thiruvananthapuram- 1 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act 1948 for the period from 1st November 2006 to 31st October , 2007 .
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, 2006 to 31st October , 2007.
This notification is intended to achieve the above purpose .