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Kerala Gazette · Government of Kerala

ESI EXEMPTION TO TRANS ASIAN SHIPPING SERVICES FOR THE PERIOD FROM 1 ST APRIL 2020 TO 31 ST MARCH 2023

Published 16 December 2023

Department
Labour and Skills Department
Office
Labour and Skills Department (B)
Type
Extraordinary
Gazette no.
4106
Identifier
in.gazette.keralacompose.2023-12-16.extraordinary-27546
Languages
English, Malayalam
Published at
Original source ↗

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Regn.No. KERBIL/2012/45073 dated 05-09-2012 with RNI Reg No.KL/TV(N)/634/2021-2023 മകരള സർകാർ Government of Kerala 2023

മകരള ഗസറ്

KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികാേയി ്പസിദറ്റപടുതുനത

PUBLISHED BY AUTHORITY

തിരുവനനപുരം,

2023 ഡിസംബർ 16 16th December 2023

ശനി

നർേ

No. 4106 വാലം 12 Vol. XII

1199 വൃശികം 30 30th Vrischikam 1199 Thiruvananthapuram, Saturday

1945 അ്ഗഹായനം 25

25th Agrahayana 1945

GOVERNMENT OF KERALA

Labour and Skills (B) Department

NOTIFICATIONS

G.O(P) No. 96/2023/LBR

Dated, Thiruvananthapuram, 27 th November, 2023 11th Vrischikam, 1199

I

S. R. O. No. 1363/2023

In exercise of the powers conferred by section 87 of the Employees' State Insurance Act, 1948 (Central Act 34 of 1948) read with section 91A thereof, the Government of Kerala, in consultation with the Employees' State Insurance Corporation, hereby exempt the Trans Asian Shipping Services Private Limited, Chittethukara, Kakkanad, Kochi - 682 037 from the operation of the provisions of the said Act for a period of one year from 1 st day of April, 2020 to 31st day of March, 2021 subject to the following conditions, namely :-

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ 2

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;

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 in 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 said 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 establishment, office or other premises of the said establishment.

By order of the Governor,

SAURABH JAIN I A S,

Secretary to GovernmentThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

3

II

S. R. O. No. 1364/2023

In exercise of the powers conferred by section 87 of the Employees' State Insurance Act, 1948 (Central Act 34 of 1948) read with section 91A thereof, the Government of Kerala, in consultation with the Employees' State Insurance Corporation, hereby exempt the Trans Asian Shipping Services Private Limited, Chittethukara, Kakkanad, Kochi - 682 037 from the operation of the provisions of the said Act for a period of one year from 1 st day of April, 2021 to 31st day of March, 2022 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;

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 in 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 said 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; orThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

4

(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 establishment, office or other premises of the said establishment.

By order of the Governor,

SAURABH JAIN I A S,

Secretary to Government .

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/ 5

III

S. R. O. No. 1365/2023

In exercise of the powers conferred by section 87 of the Employees' State Insurance Act, 1948 (Central Act 34 of 1948) read with section 91A thereof, the Government of Kerala, in consultation with the Employees' State Insurance Corporation, hereby exempt the Trans Asian Shipping Services Private Limited, Chittethukara, Kakkanad, Kochi - 682 037 from the operation of the provisions of the said Act for a period of one year from 1 st day of April, 2022 to 31st day of March, 2023 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;

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 in 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 said 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; orThis is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

6

(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 establishment, office or other premises of the said establishment.

By order of the Governor,

SAURABH JAIN I A S,

Secretary to Government .

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.) M/s Trans Asian Shipping Services Private Limited, Chittethukara, Kakkanad, Kochi - 682 037 has requested the Government to exempt the said establishment from the provisions of the Employees' State Insurance Act, 1948 (Central Act 34 of 1948) for the period from 1st day of April, 2020 to 31st day of March, 2023. In consultation with the Regional Director, Employees' State Insurance Corporation, Thrissur, the Government have decided to exempt the said establishment from the provisions of the said Act for a period from 1 st day of April, 2020 to 31st day of March, 2023.

The notification is intended to achieve the above object.

____________________________________________________________________________________________________________________________ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2023This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Cite this issue. Kerala Gazette, Government of Kerala, 16 December 2023. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.keralacompose.2023-12-16.extraordinary-27546/. Archive identifier in.gazette.keralacompose.2023-12-16.extraordinary-27546.