GOVERNMENT OF KERALA

NOTIFICATIONS

I

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 1st day of April, 2020 to

31st day of March, 2021 subject to the following conditions, namely :-

Labour and Skills (B) Department

Dated, Thiruvananthapuram, 27

th November, 2023

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

11th Vrischikam, 1199

©

േകരള സർകാർ

Government of Kerala

2023

േകരള ഗസറ്

KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികമായി ്പസിദെപടുതുനത

PUBLISHED BY AUTHORITY

Regn.No. KERBIL/2012/45073

dated 05-09-2012 with RNI

Reg No.KL/TV(N)/634/2021-2023

വാല്ം 12

Vol. XII

തിരുവനനപുരം,

ശനി

Thiruvananthapuram,

Saturday

2023 ഡിസംബർ 16

16th December 2023

1199 വൃശികം 30

30th Vrischikam 1199

1945 അ്ഗഹായനം 25

25th Agrahayana 1945

നമർ

No.

4106

S. R. O. No. 1363/2023

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

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 Government

2

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

II

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; or

S. R. O. No. 1364/2023

3

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

(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 .

4

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

III

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; or

S. R. O. No. 1365/2023

5

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

(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 1st day of April, 2020 to 31st day of March,

2023.

The notification is intended to achieve the above object.

6

This is a digitally signed Gazette.

Authenticity may be verified through https://compose.kerala.gov.in/

____________________________________________________________________________________________________________________________

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES

AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2023