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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)