Kerala Gazette No. 2 dated 11th January 2011. PART I
Section iv
GOVERNMENT OF KERALA
Labour and Rehabilitation (B) Department
NOTIFICATION
G. O. (Rt.) No. 25/2011/LBR.
Dated, Thiruvananthapuram, 5th January 2011.
S. R. O. NO. 20/2011.—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 Educational and Medical Institutions under Matha Amrithanandamayi Math, Amrithapuri P. O., Kollam District, Kerala from the operation of the provisions of the said Act for a period of one year from 6th January, 2011 to 5th January, 2012 subject to the following conditions, namely:—
(1) The establishment shall grant benefits substantially similar or superior to the benefits provided under the ESI Act, 1948.
(2) The establishment shall maintain a register showing the names and designations of its employees;
(3) 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;
(4) The contribution for the exempted period if already paid, shall not be refunded;
(5) The establisment 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;
2(6) The establishment is exempted on condition.
(a) that the Matha Amrithanandamayi Welfare Scheme shall be open to all employees;
(b) the cashless treatment shall be extended to family members for speciality/Super speciality treatment;
(c) Dialysis treatment shall also be extended.
(7) Any Inspector appointed by the Corporation under sub-section (I) of Section 45 of the said Act, or other official of the Corporation authorised in this behalf shall for the puropose 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 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 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 documens, 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 neccessaty; or
(c) examine the officers of the establishment, 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 extract from any register, account books or other documents maintained in such establishment, office or other premises of the said establishment.
By order of the Governor,
G. SIVAPRASAD,
Deputy Secretary to Government.
3Explanatory Note
(This does not form part of the notification, but is intended to indicate its general purport.)
The Trustee, Mata Amrithanandamayi Math, Amrithapuri P. O., Kollam District, Kerala-690 525 has requested the Government to exempt the Educational and Medical Institutions under Matha Amrithanandamayi Math from the provisions of the Employees State Insurance Act, 1948 for the period from 6th January, 2011 to 5th January 2012.
In consultation with the Regional District Employees' State Insurance Corporation, Thrissur, Government have decided to exempt the Educational and Medical Institutions under the Matha Amrithanandamayi Math from the provisions of said Act from 6th January, 2011 to 5th January, 2012.
This notification is intended to achieve the above purpose.