Kerala Gazette No. 41 dated 20th October 2009 .
PART I
Section iv GOVERNMENT OF KERALA
Labour and Rehabilitation (B ) Department
NOTIFICATION
G. O. ( Rt. ) No. 1106 /2009 /LBR .
Dated, Thiruvananthapuram , 29th July 2009 .
S. R. O. No. 860/2009. -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 B. Narayan Pai & Co. , Beedi Manufacturers , Kanhangad , Kasaragod District , Kerala -671 315 from the operation of the provisions of the said Act for a period of one year from 1st January, 2009 to 31st December , 2009 subject following conditions , namely ; to the
(1) The establishment shail 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 opcrates;
(3) The contribution for the exempted period if already paid, shall not be refunded ;
(4) The establishment 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 ;
G. 599/2009/G .
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under (5) Any Inspector appointed by the Corpoaation 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 4 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 coatinue 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 w cre in force in relation to the said establishment be empowered to
(a) require the establishment 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 Becessary :: or
(c) examine the officers of the establishment 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 books or other documents office or other premises of the account from any register , maintained in such society said establishment
By order of the Governor ,
S.ABDUL KHAFOOR, Joint Secretary to Gobernment .
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Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The Partner , B. Narayan Pai & Co. , Becdi Manufacturers , Kanhangad, Kasaragod , Kerala Pin - 671 315 has exempt the establishment from the State Insurance Act, 1948 for the to 31st December , 2009 . requested the Government to provisions of the Employees period from 1st January, 2009 In consultation with the Regional Director , Employees ' State Insurance Corporation , Thrissur , Government have decided to exempt the said establishment from the provisions of said Act for a period of one year from 1st January, 2009 to 31st December , 2009 .
This notification is intended to achieve the above purpose,