Kerala Gazette No. 10 dated 9th March 2010
PART I
Section iv GOVERNMENT OF KERALA
Labour and Rehabilitation ( B) Department
NOTIFICATIONS
G. O. (Rt. ) No. 1260 / 2009 / LBR .
Dated, Thiruvananthapuram, 20th August 2009 .
I
S. R. O. No. 231 / 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 the Pinarayi Women's Multi Industrial ( Workshop) Co - operative Society Limited No. S. IND ( C) 87 , P.O. Pinarayi , Kannur District- 670 741 from the operation of the provisions of the said Act for a period of one yearfrom 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 Actto 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 ;
Corporation under (5) Any Inspector appointed by the sub-section ( 1 ) of Sction 45 of the said Acı, or other official of the Corporation authorized in this behalf shall for the purpose of
(i) verifying the particulars contained in any retura sub nitted under sub- section ( 1 ) of Section 44 of the said Act ; or
G. 641/200)/G .
2
( 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 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 KHAFOOR , Joint Secretary to Government .
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport.)
The President, Pinarayi Women's Multi Industrial ( Workshop) Co- operative Society Limited No. S. IND ( C) 87 , P.O. Pinarayi , Kannur District has requested the Government to exempt the society from the provisions of the Employces State Insurance Act , 1948 for the period from 1st April , 2005 to 31st March , 2006 .
3
In consultation with the Regional Director , Eraployees ' 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 , 2005 to 31st March , 2006 . year This notification is intended to achieve the above purpose
11
S. R. O. No. 232/2010. -In exercise of the powers couferrel by Section 87 of the Employees State Insurance Act, 1918 ( 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 Pinarayi Women's Multi Industrial ( Workshop) Co -operative Society Limited No. S. IND ( C) 87 , P.O. Pinarayi , Kannur District- 670 741 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 , 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-
( 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 wer maintained as required by the Employees' State Insurance (General ) Regulations , 1950 , for the said period ; or
(iii) ascertaining with the employs continue to be caritled to the benefits provided by the employer in cash and kind being benclits in considerations of which exemption is being grantel under this notification ; or 4
(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 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 , offic : or other premises of the said society .
By order of the Governor ,
S. ABDUL KHAFOOR, Foint Secretaryto Government .
Explanatory Note
(This does not forn part of the notification, but is intended to indicate its general purport .)
The President, Pinarayi Women's Multi Industrial ( Workshop) Co-operative Society Limited No. S. IND ( C) 87 , P.O. Pinarayi , Kannur District has requested the Government to exempt the society from the provisions of the Employees State Insurance Act, 1943 for the period from Ist 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 , 2005 to 31st March, 2007 .
This notification is intendel to achieve the above purpose .
5
III
S. R. O. No. 233/2010.-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 the Pinarayi Women's Multi Industrial ( Workshop ) Co -operative Society Limited No. S. IND ( C ) 87 , P. O. Pinarayi , Kannur District , Pin - 670 741 from the operation of the provisions of the said Act for a period of one year from 1st April , 2007 to 31st March , 2008 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 ( 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 subunitted under sub - section ( 1 ) of section 44 of the said Act ; or (ii) ascertaini iz whether registers and records were maintained as required by the Employees' State Iames (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 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 6
(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 ,
Foint Secretary to Grosmment
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport .)
The President, Pinarayil Women's Multi Industrial ( Workshop ) Co-operative Society Limited No. S. IND ( C) 87 , P. O. Pinarayi , Kannur District 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 .
IV
S. R. O. No. 234 /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 the Pinarayi Women's Multi Industrial ( Workshop ) Co -operative Society Limited No. S. IND ( C ) 87 , P. O. Pinarayi , Kannur District , Pin - 670 741 from the operation of the provisions of the said Act for a period of one year from 1st 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 Aut 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 respeat of the period during which it was subject to the operation of the said Aot (hereinafter referred to as the said period) , such returas 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-seation ( 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 retura sub:nitted under sub- section ( 1 ) of section 44 of the said Act; or
( ii) ascertaining whether registers and records were maintained as required by the Employmes ' State Insurance ( General ) Regulations , 1950 , for the said period : or
(iii) ascertaining whether the employees apatinue to be catitled to the benefits provided by the employer in cash and kind being benefits in considerations of which exemption is being granted under this notiscation ; 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 8
(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 Secretary to Government .
Explanatory Note
(This does not form part of the notification , but is intended to indicate its general purport.)
The President, Pinarayi Women's Multi Industrial ( Workshop) Co -operative Society Limited No. S. IND ( C) 87, P. O. Pinarayi , Kannur District 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 ycar from 1st April, 2008 to 31st March, 2009 .
This notification is intended to achieve the above purpose .
V
S.R.O. No. 235/2010 . 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 the Pinarayi women's Multi Industrial ( workshop) Co - operative Society Limited. No. S. IND ( C) 87 , P.O. Pinarayi , Kannur District- 670 741 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 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 future enrolment to the ESI Scheme from next financial year 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 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-
G. 641 /2009/G .
10
(a) require the socicly 10 furnish to him such informati u as he may consider necessary ; or
(b) enter ans 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 examin such documents , books and other documentu , relating the camploymont or persona and payment of wages or to furnish to him such information as he consider necessary; or may (c) examine the officers of the society servents of the said society or any person found in such factory, establishunetit , ollice or other premises or any person whom the said Inspector or other official has reasonable cause to believe to have been an employee; or
(4) 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 ,
Toint Secretaryto Government .
Explanatory Note
(This does not fra part of the notification, but is intended to indicate its general purpat. )
The President , Pinarayi Women's Mulri Industrial ( Workshop) Co- op rative Society Limited No. S. IND ( G) 87 , P.O. Pinarayi , Kamote District lhas requested the Government to exemps the societ y from the provision of the Employees State Insurance Act , 1948 for the period from 1st April , 2019 to 31st March , 2010 .
In consultation with the Regional Director , Employees' State Insuratice Corporation , Turissur , Government have decided to exempt the said society from the provisions of said Act for a period of one year from 1st April , 2009 to 31st March , 2010 .
This notification is inca 1st to achive the above purpose .