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. 1368 /2009 / LBR .
Dated, Thiruvananthapuram , 10th September 2009 .
S. R. O. No. 863/2009.-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 Azhikode Panchayat Women's Multi Industrial (workshop) Co - operative Society Limited No. S. Ind ( C) 94 , P. O. Azhikode , Kannur - 09 from the operation of the provisions of the said Act for a period of one year from 27th June, 2008 to 26th June 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) The society is exempted subject to the enrolment in E.S.I. Scheme prospectively.
G. 636/2009/G .
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(a)requirethesocietytofurnishtohimsuchinformation ashemayconsidernecessary;or
(i)verifyingtheparticularscontainedinanyreturnsubmitted undersub-section(1)ofsection44ofthesaidAct;or
(iii)ascertainingwhethertheemployeescontinuetobeentitled tothebenefitsprovidedbytheemployerincashandkindbeing benefitsinconsiderationsofwhichexemptionisbeinggranted underthisnotification;or
(6)AnyInspectorappointedbytheCorporationundersub-section 1)ofsection45ofthesaidAct,orotherofficialoftheCorporation ruthorisedinthisbehalfshallforthepurposeof-
(iv)ascertainingwhetheranyoftheprovisionsofthesaidAct hadbeencompliedwithduringtheperiodwhensuchprovisions wereinforceinrelationtothesaidsocietybeempoweredto-
(d)makecopiesofortakeextractsfromanyregister,account booksorotherdocumentsmaintainedinsuchsociety, officeorotherpremisesofthesaidsociety.
ByorderoftheGovernor, S.ABDULKHAPOOR, JointSecretarytoGovernment.
(c)examinetheofficersofthesocietyservantsofthesaid societyoranypersonfoundinsuchfactory, establishment,officeorotherpremisesoranypersonwhom thesaidInspectororotherofficialhasreasonablecauseto believetohavebeenanemployee;or
(b)enteranyfactory,establishment,officeorotherpremises occupiedbythesaidsocietyatanyreasonabletime andrequireanypersonfoundinchargethereoftoproduce tosuchInspectororotherofficialandallowhimto examinesuchdocuments,booksandotherdocuments, relatingtotheemploymentorpersonsandpayment ofwagesortofurnishtohimsuchinformationashemay considernecessary;or
(ii)ascertainingwhetherregistersandrecordsweremaintained asrequiredbytheEmployees'StateInsurance(General)Regulations, 1950,forthesaidperiod;or 3
Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport . )
The Secretary , Azhikode Panchayat Women's Multi Industrial (Workshop Co - operative Society Limited No. S. Ind ( C ) 94 , Azhikode , Kannur - 09 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 27th June 2008 to 26th June 2009 .
In consultation with the Regional Director , Employees ' State Insurance Corporation , Thrissur , Government have decided to exempt he said society from the provisions of said Act for a period of one year from 27th June , 2008 to 26th June 2009 .
This notification is intended to achieve the above purpose .