GOVERNMENT OF KERALA

Labour and Rehabilitation (B) Department

NOTIFICATION

G. O. (Rt.) No. 1675/2012/LBR.

Dated, Thiruvananthapuram, 19th October 2012.

S. R. O. NO. 800/2012.—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 Kerala State

Handicrafts Apex Co-operative Society Limited No. H231, Ernakulam from the

operation of the provisions of the said Act for a period of one year from

1st April, 2012 to 31st March, 2013 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;

Kerala Gazette No. 24 dated 20th November 2012.

PART I

Section iv

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(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 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 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 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,

B. BABU,

Secretary to Government (i/c).

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Explanatory Note

(This does not form part of the notification, but is intended to indicate

its general purport.)

The Secretary, Kerala State Handicrafts Apex Co-operative Society Limited

No. H231, Manancheril Building, Kannathodath Lane, Valanjambalam, Ernakulam,

Kochi-682 016 has requested the Government to exempt the establishment from the

provisions of the Employees State Insurance Act, 1948 for the period from

1st April 2012 to 31st March 2013.

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 2012,

to 31st March 2013.

This notification is intended to achieve the above purpose.