GOVERNMENT OF KERALA
Labour and Rehabilitation (B) Department
NOTIFICATION
G. O. (Rt.) No. 1712/2012/LBR.
Dated, Thiruvananthapuram, 29th October 2012.
S. R. O. NO. 803/2012.—In exercise of the powers conferred by section 88 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 Royal Beedi Depot,
Chelavoor P. O., Kozhikode District from the operation of the provisions of the
said Act for a period of one year from 1st July, 2012 to 30th June, 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
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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 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 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 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 establishment.
By order of the Governor,
BABU, B.,
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 Managing Partner, Royal Beedi Depot, Chelavoor P. O., Kozhikode has
requested the Government to exempt the establishment from the provisions of
the Employees State Insurance Act, 1948 for the period from 1st July, 2012 to
30th June, 2013.
In consultation with the Regional Director, Employees’ State Insurance
Corporation, Thrissur, Government have decided to exempt the said establishment
from the provisions of said Act for a period of one year from 1st July 2012,
to 30th June, 2013.
This notification is intended to achieve the above purpose.