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APPLICABILTY OF EPF ACT TO CONSTRUCTION COMPANIES
1. The Parliament has enacted the Provident Fund Act and it applies to
every establishment which is a factory engaged in any industry,
specified in Schedule-I, in which 20 or more persons or class of such
establishments, which the Central Government may by notification in
the official gazette specify in this behalf. The Provident Fund Act is
enacted for the purpose of establishing an institution of Provident Fund
for employees in such factories and other establishments for the better
future of the industrial worker on his retirement and for the benefit of
his dependants in case of his death, while in employment.
2. Plain reading of section 1, of the said Act together with its sub
sections, make it apparent that the underlying idea is to bring
establishments, who have 20 persons in the employment and which
persons are working with an element of regularity to bring such
establishments which it’s purview. Further, the statement of objects
and reasons and the plain reading of the Act makes it clear that is
envisages and relates to an industry and not to any activity when
cannot be categorized as an industry. The word establishment is to be
read in line with the dominant object and thus means an establishment
of an industry. Permanency or at least semi-permanency and not
casualness are covered section 1 (5) of the Provident Fund Act,
supports the view that there should be continuity of employment in
establishment and concept of continuity in service stands to be
apparently embedded in sub sections 3 and of section 1 of the
Provident Fund Act.
3. Therefore, engagement of a particular worker or particular person, for
a particular work which is of a casual nature and who is employed due
to the exigencies of circumstances, for a very brief period, cannot be
interpreted to mean an employee for the purposes of the Provident
Fund Act.
4. vide notification No GSR 1308 dated 17th September, 1964 the
establishment of engineers and engineering contractors, not being
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exclusively engaged in building and construction industry were brought
under the purview of the Provident Fund Act with effect from 31st
October, 1964. By subsequent notification dated 23rd September,
1980 the union of India, specified every establishment engaged in the
building and construction activity in which 20 or more persons were
engaged as a class of establishment to which the provisions of
Provident Fund Act would apply with effect from 31st October, 1980.
5. Generally, the construction and infrastructure companies are engaged
in the activities of execution and construction of buildings, Apartments,
development of infrastructure etc., The buildings and construction
activities carried out by the companies and their contractors are
distinctly different from other conventionally established industries,
such as manufacturing, trading, service etc., In fact, the activities of
building and construction, do not constitute an industry, and are not
even recognized by the Govt. as being so. Therefore the provident
Fund Act , in question, which is enacted for the purposes of providing
security, to the families of employees working in industries in events
such as his retirement or untimely death. It would therefore, be
pertinent to broadly outline the typical and peculiar features and
characteristic of the building and construction establishment. Some of
them are as under:
a. Absence of fixed premises:
There are no fixed premises for execution of work by these Companies. The
work is carried out mostly in the open where the project is situated. In fact,
many a times, the construction and road projects are located in uninhabited
areas at far of places, in cities and towns, in jungles or in rivers etc. The
work-sites go on shifting especially in case of road and Building construction.
This peculiar fluctuation in the environment makes it incumbent upon the
contractors to engage the local workers who are accustomed to and who can
withstand such weather conditions prevalent in the areas of operation. As a
result of this the contractor has to engage different sets of people for doing
different kinds of work in different climatic conditions and this makes the
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strength and quality of the work-force highly unstable and liable to frequent
change. Where it is a question of constructing a building, the labour is again
subject to frequent change as the subcontractors, engaged in such activities,
more often than not, work simultaneously on more than one site and hence
the labour is subject to frequent change, from one site to the other.
b. Uniqueness of each construction job:
There are several types of works such as excavation work, foundation work,
masonry work, carpentry work, slab work so on and so forth. There are
workers who are experts in each type of work and they usually work in
groups, take a particular job and go away after completion of such jobs.
There are hundreds of varieties of work which are required to be done by
experts and highly specialized groups. All these different specialized
activities make the duration of work of a particular groups at a particular
work site very short which could be as frequent as one day on one site & the
next day on the other. These workers are normally migratory, rural, from
agricultural community. During agricultural operations many of them go back
to their fields, for traditional agricultural work. It is not certain whether the
same persons might come back to construction work after harvesting and
cropping season is over. The work force is, therefore, unstable. Construction
activities have no assured continuity of work. The work is quite often
discontinued for different reasons which include lack of details or decisions,
change in design, shortage of materials, shortage of work force etc., More
often than not, even the sub contractors engage different labour every day,
depending upon quantum of work to avoid fixed cost.
c. Multi-tier system:
Normally, Government, Semi-government or public Bodies award the
construction work to contractors and construction companies, such
companies in turn, sub contract the work to several sub contractors
depending upon the variety of jobs involved, in the main contract and vis-à-
vis the sub contractors .The sub contractors, in turn, again engage petty
contractors or Thekedars who are awarded execution of different smaller jobs
on piece rate basis. These Thekedars or petty contractors then in turn
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employ their own work force, who is usually, migratory labour. It is in this
manner that the execution of the contract, is done by sub contractors. It will
thus be seen that the Government, Semi-Government or public bodies, who
award the main contract are principal employers vis-à-vis the main
contractors who in turn become principal employers, vis-a-vis sub
contractors,. There is no supervision or control by the main contractors, like
petitioners, over the daily rated temporary/casual workers, actually engaged
at the work sites by the sub contractors or Thekedars/petty contractors.
These daily rated temporary/casual workers are not at all interested in and to
the contrary are totally opposed to any deduction being made from their
daily wages, towards Provident Fund contributions or any other contribution.
These Thekedars/petty contractors having the expertise to do a particular job
are engaged by the contractors or sub contractors and such Thekedars/petty
contractors transfer their groups from one site to another, belonging to
different contractor/sub contractor & at times the said transfer takes place
even on the same day.
D. Identification of beneficiaries
• The purpose of the EPF Act does not seem to be to impose some levy
upon employer or employees. It is not in the nature of tax but as has
been held in case of The Provident Fund Inspedor vs. T.S.
Hariharan, and various other judgments including that of Appellate
Tribunal, the purpose is to develop habit of saving in such employees.
Identification of employee is therefore held to be must before effecting
such recovery. It is the part of wages earned by such employees which
is being deducted by the P.F. department and ultimately it is to be
returned back to him. If his identity is not known, the amount cannot
definitely be returned to him and as such there is no point in effecting
deduction from employer on account of such unknown worker. Habit of
saving cannot be developed unless and until the wages are earned
continuously and consistently. The following observations of Hon Apex
Court in case between The Provident Fund Inspedor vs. T.S.
Hariharan assume importance here:
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The Act was brought on the statute book for providing for the
institution of provident fund for the employees in factories and other
establishments. The basic purpose of providing for provident funds appears
to be to make provision for the future of the industrial worker after his
retirement or for his dependents in case of his early death. To achieve this
ultimate object the Act is designed to cultivate among the workers a spirit of
saving something regularly, and also to encourage stabilisation of a steady
labour force in the industrial centres. This Act has since its initial enactment
been amended several times to extend its scope for the benefit of industrial
workers.
B. This view was upheld by the Hon’ble High court of Bombay in the
case of Sandeep Dwellers Pvt. Ltd. vs Union Of India, reported in 2007 (1)
LLJ page 518 wherein it was held that the casual and temporary workers
employed through the contractors are not required to be covered unless they
are identified.
C. Further the casual workers, who are temporary and who work on the
sites are those over whom the builders do not have any control. As these are
not in the direct service of the contractors, they cannot be provided with the
benefit of the Act and the scheme from persons who are not their employers.
In fact the Joint Secretary to the Govt. of Labour, Ministry of labour, has
supported the stand of the petitioner that the Act should not be made
applicable to the daily wagers on the construction site as the benefits do not
reach them and in fact the workers suffer adversely as a percentage of their
wages is deducted, without any reciprocal benefits passing on to them.
D. Further, it is obvious that such a scheme can never benefited all the
casual workers as the proceeds of the same have not still been passed to
them. The casual workers themselves are not interested in the scheme and
refuse deduction of contribution towards the fund from their wages, as a
result the liability of contributing employee’s share, towards the fund, is also
passed on to the petitioner. Further, due to the mobile and transitory nature
of the casual construction work it is virtually impossible for the petitioner to
implement the scheme, in terms of maintenance and filing, record, forms
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containing details such as date of joining and living, residence and other
prescribed particulars of the casual workers.
E. Further, the scheme in any event is ineffective and cannot be
implemented in its present form is evident from the fact that even though
the Govt. has recovered crores of rupees in this account, admittedly it has
not been able to pass on the same for the benefit of the workers. Therefore,
the entire purpose for which the scheme has purportedly been formed is lost.
In fact in order dated 29.8.1998 passed in writ petition no.2393/97, the
Hon’ble High court of Bombay (Nagpur Bench) has observed that the funds
so collected are still lying with the Govt. and that there is a deficiency in the
implementation of the scheme
RELAVENT JUDGEMENTS FOR BUILDERS
In the matter of “Builders Association of India, Mumbai and 36
others Vs Union of India, Writ Petition No. 2593 of 1997, the Hon’ble
Court clearly pronounced that the act of determining dues by
deducting hypothetical percentage of total contract value towards the
wages and recovering the same from the employer with out identifying
the workers is not sustainable.
1. The respondent has determined the PF as a Tax for the alleged
period. In the matter of M/s Ess Dee Carpet Enterprise V. Union
of India.1985 LIC,1116, ( Raj. HC ) wherein the Hon'ble High
Court has held that " Last but not least it must be borne in mind
that we are not dealing here with a taxation statute, but an
enactment made by Parliament to provide for provident funds to
employees in the factories and establishments
2. Food Corporation of India Vs RPFC, 1990 (60) FLR 15 (S C 2
J)= 1990 LLR 64 SC by which the Hon'ble Supreme Court has,
inter-alia decided …… that the commissioner is authorized to
enforce attendance in person on oath. He has the power requiring
the discovery and production of documents. This power was given
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to commissioner to decide not abstract questions of law, but only to
determine actual concrete difference in payment of contribution and
other dues by identifying the workmen ……… It would be failure to
exercise the jurisdiction particularly when a party to the
proceedings requests for summoning evidence from a particular
person”
3. Himachal Pradesh State Forest Corporation Vs Regional
Provident Fund Commissioner, 2008 –III-LLJ SC 581:
considering the long delay the amounts due from the corporation
will be determined only with respect those employees who are
identifiable and whose entitlement can be proved on evidence. In
the event, the record is not available with the employer ( at this
belated stage), it would not be obliged to explain its loss or that any
adverse inference be drawn on this score.
4. M/s. Indu Projects Ltd vs. RPF Commissioner, Hyderabad
(ATA No.603 (1)) of 2011 decided on 8-8-2013.
The RPF Commissioner passed an order dated 18-7-2011 directing
in the company to pay a sum of Rs.16,48,72,927/-.
M/s. Indu Project challenged this order before the EPF appellate
Tribunal and the said tribunal have held that the claim made by
department without identification of the beneficiaries, and hence
indu projects is not liable to pay an amount of Rs 16,48,72,927.
5. Sandeep Dwellers Pvt. Ltd. Nagpur Vs. Union of India, 2006 III
CLR 748 : In para no. 11 the Hon’ble High Court says that “as
beneficiaries are unknown and the department itself had doubts, recovery
from any earlier date for which no deduction has been made should not be
allowed . The law in the point is already discussed above. The beneficiaries
must be known and the amount of deduction can not be permitted to lie idle
with department.”
Conclusion;- In view of the above said judgments, some of the major
construction companies all over India including the companies from the state
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of A.P have filed cases before the EPF appellate Tribunal and many of the
cases are won by the construction companies.
IMPORTANT LAWS APPLICABLE TO CONSTRUCTION INDUSTRY
A. THE BUILDING AND OTHER CONSTRUCTION WORKERS
(REGULATION OF EMPLOYMENT AND CONDITIONS SERVICE) ACT.
The Act provides regulations for employment and condition of services
of building and other construction worker. It provides provisions regarding
their safety health and welfare. It has come into force from first day of March
1996.
It applies to establishment employing ten or more building workers in
any building or other construction workers.
It provides for registration of such establishments. Registrars
are appointed for registration. It provides various provisions regarding fixing
hour for normal working day, overtime wages, drinking water, latrines and
urinals, crèches, first-aid canteen etc., employer are also make liable to
maintain certain registers and records. Safety provisions at work place are
also made.
The act provides for “building and other construction workers welfare
board”. The worker has to contribute from their wages to this board. This
board looks after various welfare activities of workers including loan and
pension to them.
B. The Building and other construction workers welfare Cess Act
• The Cess should be paid by the owner or contractor @ Maximum 2%
on cost of construction but not less than 1% andl include all
expenditure incurred by an employer ,but shall not include – cost of
land compensation paid or payable under Workmen’s Compensation
Act.
• Cess levied shall be paid within 30 days of completion of the project or
if the project work is more than one year, cess to be paid within 30
days of completion of one year from the commencement of work or
employer can pay estimated cess as advance.
C. THE CHILD LABOUR (PROHIBITION & REGULATION) ACT,
This Act relates to Child Labour which is less than 14 year of age. It
prohibits their employment in some Establishments. The lists of such
prohibited industries are given in Act.
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It regulates the conditions of Child Labour, where their employment is not
prohibited. It makes provisions of period of their work. It has also prohibited
night duty and over time for child labour.
It is mandatory for occupier/employer to give notice to Inspector about
employment of children. He is also required to maintain register. Violations of
provisions under this Act are offence and punishable.
C. THE CONTRACT LABOUR (REGULATION AND ABOLITION ) ACT,
This act is enacted to regulate and abolition of contract Labour. In Andhra
Pradesh, It applies to every establishment and contractor who employs 5 or
more workers as contract labour. It has also provisions to empower
Government to prohibit contract labour system in any process, operation or
other work in any establishment.
The principal employer has to register itself with Registering Officer
under this Act. It also makes mandatory provisions of licensing for
contractors.
The act has provisions for welfare and health of contract labour. It has
provision of canteen and rest room in certain conditions. It also provides
facilities for drinking water, washing facilities, latrines and urinals for contract
labour. Provisions of first aid facilities are also made. Contractor is also made
responsible for payment of wages to labour.
In case, contractor does not provide facilities, principal employer is
made responsible for providing facilities to contract labour. The principal
employer is authorized to recover any expenses incurred by him for providing
such facilities by deducting from any amount payable to contractor.
By various judgments of courts, it is clear that provisions of ESI and PF
are also applicable on contract labour. After contract is over, contract labour
has no right to seek employment in regular services with principal employer.
D. THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS
PROVISIONS ACT.
This Act is applicable on establishments’ public industries, employing 20 or
more employees. The Act has three schemes:-
1. Employee’s Provident Fund Scheme.
2. Employee’s Family Pension Scheme.
3. Employee’s Deposit Linked Insurance Scheme.
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It is a contributory fund for the future of employee after his retirement.
Employee and Employer both contribute in this fund@12 % on Basic wages,
employee has to pay 12% of their wages towards this contribution.
Provident fund is payable to employee after his retirement. In case of
its early death, it is payable to person nominated by him or his legal heirs.
Some part of Provident Fund can be withdrawn before retirement for
construction of House, Children Marriage, etc.
Employee’s Family Pension Scheme:- If contribution is made to this scheme
for minimum 10 years, they employee becomes eligible for pension after
retirement. In case of his early death, heirs are eligible for pension (only one
time contribution is sufficient for pension in case of death - 10 years
contribution is not necessary - subject to certain conditions.)
Employee’s Deposit Linked Insurance Scheme:- Under this Scheme
employee’s get benefit of Insurance of Line. The contribution towards this
fund is made by Employer @ .5% of Employee’s wages.
E. THE EMPLOYEES STATE INSURANCE ACT :
This Act at present not applicable for construction works or sites, but the
administrative offices are covered under the act.
This Act is applicable on factories which fall under Factory Act. Other
Establishment which have 10 or more employees are covered by this Act.
Any employee who receives wages up to Rs. 15,000/- p.m. is eligible to take
benefits under this Act.
Contribution by both Employee and Employer are made to this Corporation.
The rate of contribution for employees is 1.75% while in case of Employer it
is 4.75% of Employee’s wages.
The Workman Compensation Act is not applicable where this Act is
implemented. Similarly a woman employee exceeding wages up to Rs.
15,000/- p.m. is not entitled to receive maternity benefit from her Employer.
These benefits are given by E.S.I. Corporation to them.
F. THE EQUAL REMUNERATION ACT.
This Act is enacted to prohibit discrimination of women in the matter of
remuneration (Pay-Wages) with men. It provides equal pay to men and
women for same work or work of similar nature. It also prohibit
discrimination while recruiting men and women workers (except where the
employment of women in such work is prohibited or restricted by any law).
Government is empowered to appoint authorities for hearing and deciding
claims and complaints. The appointment of Inspectors for implementation of
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this Act is also made. Breach of provisions of this Act are offence and
punishable.
G. THE INDUSTRIAL DISPUTE ACT.
This is a Act which has given protection to employees. This Act also provides
full machinery for conciliation and adjudication of disputes between employee
and employer and vice versa, between workman and workman & between
employer and employer.
The Act does not applies on a person employed in Supervisory or
Managerial capacity and drawing wages exceeding Rs. 10,000/- per month.
It deal in detail provisions related to strikes and lock outs, lay off and
retrenchment and unfair labour practices.
It has special provisions regarding termination of services of a
employee. In case, the service of employee is terminated as a punishment
inflected by way of disciplinary action, subject to relevant rules and
regulation in that regards, the employee has no protection except the
provisions of natural justice or no opportunity was given to him to represent
his side. In case, the services is terminated without punishment inflected by
way of disciplinary action, the employee has right of retrenchment
compensation (subject to some exceptions and other provisions of this Act).
Its section-2 (oo) details out conditions when the service of a person can be
terminated without punishment and retrenchment benefits.
H. THE INTER-STATE MIGRANT WORKMEN (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT.
This Act defines “INTERSTATE MIGRANT WORKMEN” as any person who
is recruited by or through a Contractor in one State under an agreement or
other arrangement for employment in an establishment in another State,
whether with or without the knowledge of the principal employer in relation
such establishment.
This Act is to safeguard and regulate the conditions of such workers. It
implies to every Establishment/Contractor who employ 5 or more Inter-State
Migrant Workers.
It provides registration for principal employer and license for contractor
to whom this Act is applicable. It also provides Registering/licensing Officer
for this purpose. It specifies duties/responsibilities of Contractor and
liabilities of principal Employers.
It also provides “Displacement Allowance” and “Journey Allowance”
besides other facilities to Inter-State Migrant Workers. Wages shall pay in
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cash to him. Section 21 and 22 deals with some other special provisions for
their employment.
I. THE MATERNITY BENEFIT ACT.
This Act made provisions for payment of wages to a woman during
leave period for giving birth to child, miscarriage, illness arising out of
pregnancy, delivery and pre-mature birth of child or miscarriage.
A woman is entitled for full wages during leave for aforesaid reasons.
The leave period for delivery of child is 12 weeks while in case of
miscarriage, it is 6 weeks. For other reasons, it is one month.
This Act does not apply to any factory or establishment to which
“Employees State Insurance Act” is applicable. The women getting salary of
more than Rs. 15,000/- is also not entitled for this benefit.
A notice for claim of this benefit is to be given by women to employer.
Employer is prohibited to dismiss the women employee during the
entitlement of this benefit. Section 18 of this Act described the conditions
when this benefit can be forfeiture.
Provisions for Inspectors to implement this law are also
made. Inspectors are given to power to direct employer to make payment
under this Act.
J. THE MINIMUM WAGES ACT, 1948
The minimum wages Act provides minimum statutory wages to workers.
It applies all industries given in Schedule-I of this Act. The Centre and State
Government is empowered to any other industry in this Schedule. This Act is
applicable even if there is single employee.
The minimum wages are fixed by state Government. The Employer who
pays wages less than minimum wages fixed by Govt. is punishable under this
Act.
The Act also provides maximum hours, weekly rest days, and overtime-
related provisions. The Govt. AP revises the VDA Points once every six
months and every employer is bound to pay the said wages with periodical
increase.
K. THE PAYMENT OF BONUS ACT, 1965
This Act makes bonus payment mandatory for every factory (employing ten
or more employees) and other establishment employing twenty or more
employees. Every employee who works for 30 days in an accounting year is
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entitled for Bonus. Section-9 of Act details about the conditions which
disqualifies a employee to receive bonus. 8.33% of wages/salary is
minimum bonus to be paid. Maximum limit is 20%. Bonus is to be paid within
8 months of closing the accounting year.
New establishment are given some relaxations in payment of bonus up to
first Five years of their operation.
L. THE PAYMENT OF GRATUITY ACT, 1972
The Act provides “GIFTS” for employees who had worked for more than five
years at the time of leaving the service. The condition of five years service is
not applicable in case of employee’s death. In case of death, gratuity is paid
to persons nominated by employee or if no nomination is made, it is paid to
heirs.
It is applicable to all industries/establishments employing ten or more
persons.
The Gratuity has to be paid @ 15 days salary for every year of service. The
Maximum of Gratuity can be paid is Rs.10,00,000/-. In seasonal industry it is
paid @ 7 days salary after every year of service.
Section-4 (6) of this Act deals with conditions regarding forfeiture
of Gratuity of an employee.
M. THE PAYMENT OF WAGES ACT, 1936
The Payment of Wages Act is enacted for timely payment of wages to
workers. It is applicable on all types of establishments..
The Act fixes responsibility for Payment of Wages, Provisions of fixation of
wage period (wage period can be fixed for maximum one month).
Wages are to be paid within 7 days of expiry of wage period (in case of less
than 1000 employees) and within 10 days in other cases. The wages are to
be paid by cheque also.
The Act also describes about various deductions, which can be made from
wages. Maximum 15% of wages can be deducted under various deductions.
In case of payment to Housing Co-operative Society, these deductions can go
up to 75% of wages.
N. THE A.P SHOPS AND ESTABLISHMENTS ACT
The Act is for small Establishments which are not covered by Factories
Act – regulating the condition of service of employees and the Offices of Real
estate companies and construction companies are covered under this act. It
normally provides about health, safety, working hours, holidays and paid
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leaves for workers. Generally, it also require furnishing of a Appointment
Letters to employees. It also contains the procedure for termination of
employees.
O. THE TRADE UNIONS ACT.
This Act regulates the conditions of registration-dissolution and their rights
& liabilities.
Minimum 7 persons are required to form a Trade Union. The union should
always have to maintain 10% of the total strength as their members.
Ministers are not allowed to became office bearers of any trade union.
It describes about objects on which Trade Union fund can be spent. The
Trade Unions are also liable to file returns to Registrar. It also contains
provisions regarding disqualification of office bearers of Trade Unions
P. THE EMPLOYEE’S COMPENSATION ACT,
This Act provides compensation to workers or their dependants in case of
accident during their employment. This accident should cause disablement or
death to worker. The Act is also applicable in case of occupational diseases
(which are due to certain conditions of some works).
This Act is applicable to Establishments given in Schedule-II and III of this
Act. However, it is not applicable on Establishments covered by “Employees
State Insurance Act”. All the employees without any salary limit and
designation are covered under the act.
Any accident arising out of willful disobedience of Safety Rules, disregard
of safety device or under influence of drinks – drugs, the compensation is not
payable.
In case of Death of any workman , the compensation should be
deposited with Govt. under this Act who disburses the compensation.
Q. A.P LABOUR WELFARE FUND ACT;1987
All the employees has to worked for the period of 30 days in a year are
covered under this act, except Managers and Supervisors drawing salary
exceeding Rs.1600/- per month. All the factories and establishment are
covered under this act. Every employer shall contribute Rs.5/- per year, and
every employees shall contribute Rs.2/- per year to the fund.
The fund will utilized for the Welfare, Health of the workers through
Labour Department.
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EMPLOYEES STATE INSURANCE CORPORATION PANCHDEEP BHAWAN.C.I.G ROAD
NEW DELHI - 110 002 Website - esic.nic.in ®(011) 23234092
No. P-12111111/60/201 O-Rev-II Dated: 3/112011 To All RDs/Director/Jt. Dir ESI Corporation Regional Office/SRO/D.O Sub: Extension of the ESI Scheme to the Construction site workers Sir/Madam, The matter of extending the benefits under ESI Act, 1948 to construction site workers have been examined at stretch and it is decided to revisit the Instruction No. 4/99 circulated vide letter no. P-12(l1)-11127/99-Ins.IV dated 14th June, 1999. The Construction site workers who were kept out of coverage of ESI Act till date can now be covered with the implementation of IT Roll Out "Anytime, Anywhere". ESIC services will be available to these mobile and migratory workers with no geographical barrier. Also with user friendly instruction issued recently, the scope of medical care (primary, secondary and super specialty treatment) is wide now and can be availed by these construction site workers. In other words, ESI Scheme is not restricted to our own dispensaries but the medical services can be availed at empanelled private dispensary/diagnostic Centre where ESIC is unable to provide services. Further, if any Construction workers at site cannot avail ESI Scheme, they can be granted exemption in suitable cases. In view of above, all RDs/Directors/Jt. Director In charges are requested to conduct survey in the first phase of Public Limited Companies engaged in construction activities in the implemented areas and submit a report latest by 31/1/2011. (A.P. TRIPATHI) JT. DIRECTOR (REV)