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