1. Sir, the parawise reply of your questions, in my opinion, may kindly be treated as follows:-
(1) No. The objection of Social Security Officer of ESIC is correct. When your hospital is covered under ESI Act, 1948, you are required to cover and make compliance in respect of all employees including employees engaged for repair and maintenance as well as for construction or extension of premises of your hospital. It makes no difference, if your hospital is not a factory. Once covered under section 1(5) of said Act, all employees as defined under the definition in said Act are coverable and compliance is required to be made. The only exception is employees getting wages exceeding to coverage limit which is presently Rs.15000/-. per month.
(2) Yes. However, you cannot deduct employees contribution from the wages of said employees engaged for repair, maintenance and extension of building etc. for the past periods and for past periods contribution,both employees' share as well as employers' share is to be deposited by the principal employer. However, for future period, you can make compliance in respect of all such employees on the same pattern as your are making in respect of your other employees. However, in respect of employer's share of contribution in respect of said repair, maintenance and construction workers, you can recover the same from contractors, if otherwise within agreement.
2. In my opinion, the said Act does not make any distinction between migrant or non-migrant worker. All employees are required to covered and compliance to be made irrespective of the fact that any of the employee may be from other State.
30th June 2015 From India, Noida