Kerala Gazette No. 5 dated 2nd February 2010 .
PART I
Section Iv GOVERNMENT OF KERALA
Labour and Rehabilitation (B) Department
NOTIFICATIONS
G. O. ( Rt . ) No. 1089/ 2009/ LBR.
Dated, Thiruvananthapuram, 28th July 2009 .
I
S. R. O. No. 83/2010 . 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 Kerala Ex - Servicemen Welfare Association ( KEXWA) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi -30 from the operation of the provisions of the said Act for a period of one year from Ist April , 2002 to 31st March , 2003 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 to as the said period) , such returns in such particulars as were due from it in under the Employees' State Insurance said Aot ( hereinafter referred such form and containing respect of the said period (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
G.649/2009/G, 2
(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 comique 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) 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 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 Secretaryto Government Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The President , Kerala Ex- Servicemen Welfare Association ( KEXWA) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act, 1948 for the period from 1st April , 2002 to 31st March , 2003 .
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 year from 1st April, 2002 to 31st March, 2003 .
This notification is intended to achieve the above purpose .
S.R.O. No. 84/2010.-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 Kerala Ex - Servicemen Welfare Association (KEXWA), P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 from the operation of the provisions of the said Act for a period of one yearfrom 1st April, 2003 to 31st March, 2004 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 forın 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 ; oг
( 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
office or other premises reasonable time and thereof to produce to (b) enter any factory, establishment , occupied by the said society at any require any person found in charge 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 , 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 , Foint Secretary to Government .
5
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport . )
The President , Kerala Ex - Servicemen Welfare Association (KEXWA) , P. B. No. 3116 , Kunnumpuran Road , Kakkanad , Kochi - 30 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st April , 2003 to 31st March , 2004.
In consultation with the Regional Director , Employees' State Insurance Corporation , Thrissur , Govern nat have decided to exempt the said society from the provisions of said Act for a period of one year from 1st April, 2003 to 31st March, 2004 .
This notification is intended to achieve the above purpose.
111
S.R.O. No. 85 /2010. -In exercise of the powers confcrred 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 Kerala Ex- Servicemen Welfare Association (KEXWA ) , P. B. No. 3116, Kunnumpuram Road , Kakkanad , Kochi - 30 from the operation of the provisions of the said Act for a period of one year from 1st April, 2004 to 31st March, 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 continuc 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 ;
6
(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
(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 Ast 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 servents 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 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 .
7
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport . )
The Pre ident , Kerala Ex- Servicemen Welfare Association ( KEXWA ) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 has requested the Government to exempt the society from the provision of the Employees State Insurance Act , 1948 for the period from 1st April , 2004 to 31st March , 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 April , 2004 to 31st March , 2005 .
This notification is intended to achieve the above purpose .
IV
S. R. O. No. 86/2010 . -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 Kerala Ex - Servicemen Welfare Association ( KEXWA) , P. B. No. 3116, Kunnumpuram Road , Kakkanad , Kochi - 30, from the operation of the provisions of the said Act for a period of one year from 1st April , 2005 to 31st March , 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) Any Inspector appointed by the Corporation under sub - section Corporation (1) of Section 45 of the said Act , or other official of the 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
(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 document 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 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 .
9
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport . )
The President , Kerala Ex - Servicemen Welfare Association ( KEXWA) , P.B. No. 3116 , Kunnumpuram Road, Kakkanad, Kochi - 30 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st April 2005 to 31st March , 2006 .
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 April , 2005 to 31st March , 2006 .
This notification is intended to achiev : the above purpose .
V
S. R. O. No. 87/ 2010.-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 Kerala Ex - Servicemen Welfare Association ( KEXWA) , P. B. No, 3116, Kunnumpuram Road, Kakkanad , Kochi - 30 from the operation of the provisions of the said Act for a period of one year from 1st April , 2006 to 31st March , 2007 subject to the following conditions , amely:-
( 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 ;
Employees' State Insurance (General) (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 stid period under Regulations , 1950 ; the
(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-
G.649/2009/ G .
10
(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) 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 copies of or take extracts from any register , account books or other documents maintained in such society , office or other premises of the said socicty .
By order of the Governor , S ABDUL KHAFOOR, Joint Secretary to Government , 11
Explanatory Note
(This does not form part of the notification , but is intended to indicate ts general purport .)
The President , Kerala Ex - Servicemen Welfare Association ( KEXWA) , P.B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 has requested theGovernment to exempt the society from the provisions of the Employees State Insurance Act, 1948 for the period from 1st April 2006 to 31st March , 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 April , 2006 to 31st March, 2007 .
This notification is intended to achieve the above purpose
VI
8. R. O. No. 88/2010.- 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 Kerala Ex - Servicemen Welfare Association ( KEXWA) , P. B. No. 3116, Kunnumpuram Road, Kakkanad Kochi - 30 from the operauon of the provisions of the said Act for a period of one year from 1st April , 2007 to 31st March , 2008 subject to the tollowing 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- 12
(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 ' Stare Insurance (General ) Regulations , 1950 , for the said period ; er
(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 promises 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
society servants of the said found in such factory , (c) examine the officers of the society or any person 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 olice or other premises of the said society .
By order of the Governor ,
S. ABDUL KHAFOOR , Joint Secretary to Government 13
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The President , Kerala Ex- Sevicemen Welfare Association ( KEXWA ) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 has requested the Government to exempt the society from the provisions of the Employees State Insurance Act , 1948 for the period from 1st April , 2007 to 31st March , 2008 .
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 April , 2007 to 31st March , 2008 .
This notification is intended to achieve the above purpose .
VII
S. R. O. No. 89/2010. -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 Kerala Ex - Servicemen Welfare Association (KEXWA) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad, Kochi - 30 from the operation of the provisions of the said Act for a period of one year from Ist April, 2008 to 31st March , 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 ;
under (5) Any Inspector appointed by the Corporation 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- 14
(i) verifying the particulars contained in any return submitted under sub- section ( 1 ) of section 44 of the said Act ; or
were (ii) ascertaining whether registers and records 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) asoertaining 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 establishment be empowered to
(a) require the society to furnish to him such as he may consider necessary ; or information (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 orany 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 KHAPOOR , Joint Secretary to Government .
15
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport . )
The President , Kerala Ex -Servicemen Welfare Association (KEXWA) , P. B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi - 30 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.
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 from 1st April , 2008 to 31st March , 2009 . year This notification is intended to achieve the above purpose
S. R. O. No. 90/2010.-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 Kerala Ex - Servicemen Welfare Association (KEXWA) , P.B. No. 3116 , Kunnumpuram Road , Kakkanad , Kochi -30 from the operation of the provisions of the said Act for a period of one year from 1st April , 2009 to 31st March, 2010 subject to the following onditions , 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 notbe 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- 16
(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) examine the officers of the society servants of the said society 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 causé to believe to have been an employee ; or
(d) make copies of or take extracts from any register , account books or other documents maintain: Jin such society, office or other premises of the said society .
By order of the Governor ,
S. ABDUL KHAFOOR , Foint Secretary to Government .