GOVERNMENT OF KERALA

Labour and Rehabilitation (B) Department

NOTIFICATION

G. O. (Rt.) No. 1685/2012/LBR.

Dated, Thiruvananthapuram, 20th October 2012.

S. R. O. NO. 801/2012.—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 Travancore-Cochin

Chemicals Limited, P. B. No. 4, Udyogamandal P. O., Kochi-683 501 from the

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

1st day of April, 2012 to the 31st day of March, 2013 subject to the following

conditions, namely:—

(1)

The establishment 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 establishment 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

2

(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 establishment 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 establishment servants of the said

establishment 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 establishment.

By order of the Governor,

B. BABU,

Secretary to Government (i/c).

3

Explanatory Note

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

its general purport.)

The Chairman and Managing Director, The Travancore-Cochin Chemicals

Limited, Udyogamandal P. O., Kochi 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 establishment

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.