GOVERNMENT OF KERALA

Labour and Rehabilitation (B) Department

NOTIFICATION

G. O. (Rt.) No. 1834/2012/LBR.

Dated, Thiruvananthapuram, 28th November 2012.

S. R. O. No. 839/ 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 hereby exempt the Educational

and the Medical Institutions under the Mata Amrithanandamayi Math,

Amritapuri P.O., Kollam District, Kerala-690 525 from the operation of the

provisions of the said Act for a period of one year from the 6th day of January,

2012 to the 5th day of January, 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. 26 dated 4th December 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 authorised 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—

(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 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 extracts from any register; account books or

other documents maintained in such estatblishment office or other premises of the

said establishment.

By order of the Governor,

DR. NIVEDITA P. HARAN,

Additional Chief Secretary to Government.

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Explanatory Note

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

general purport.)

The Trustee, Mata Amrithanandamayi Math, Amritapuri P.O., Kollam District,

Kerala-690 525 has requested the Government to exempt all the Educational and

Medical Institutions under the Mata Amrithanandamayi Math from the provisions of

the Employees’ State Insurance Act 1948 for the period from 6th January, 2012 to

5th January, 2013.

Government have decided to exempt the Educational and Medical Institutions

under the Mata Amrithanandamayi Math from the provisions of said Act from

6th January, 2012 to 5th January, 2013.

This notification is intended to achieve the above purpose.