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. 1113 /2009/LBR.
Dated, Thiruvananthapuram , 29th July 2009.
S.R.O. No. 861 /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 Kunhimangalam Coir Vyavasaya Co - operative Socicty Limited No. 250, P.O. Kunhimangalam , Kannur District-670 309 from the operation of the provisions of the said Act for 2008 to 31st March, 2009 subject to the following conditions, namely :- a period of one year from 1st April , (1 ) The society shall maintain a register showing the names and designations of its employces ;
(2) Notwithstanding this exemption, the employces 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
G. 594/2009/G .
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(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 0 : 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 aliow 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 o 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 KHAPOOR, Joint Secretary to Government .
Explanatory Note
(This does not forn part of the notification , but is intended to indicate its general purport.)
The President, Kunhimangalam Coir Vyvasaya Co- operative Society Limited No. 250, P. O. Kunhimangalam , Kannur District - 670 309, has requested the Government to exempt the society from the provisions of the Employees State Insurance Act, 1948 for the period from 1st April 2008 to 31st March 2009 .
State In consultation with the Regional Director , Employees ' Insurance Corporation , Thrissur , Government have decided to exempt the said society from the provisions of said Act for a period of one ycar from 1st April 2008 το 31st March 2009 .
Tuis notification is intended to achieve the above purpose .