(1) It shall be the duty of every employer, who is undertaking any of the operations or works related to or incidental to building or other construction work to which these rules apply:—
(a) to comply with the requirements of these rules as are related to him :
Provided that the requirements of this clause shall not affect any building worker, if and so long as his presence in any place of work, is not in the course of performing any work on Sections 40 (2)
(s) and 62 Sections 62 (2)
(zg) 103 behalf of his employer and he is not expressly or impliedly authorised or permitted by his employer to do the work; and
(b) to comply with the requirements of these rules as are related to him in relation to any work, act or operation, performed or about to be performed by him.
(2) It shall be the duty of every employer, who erects or alters any scaffold to comply with the requirements of these rules as relate to the erection or alteration of scaffolds having regard to the purpose or purposes for which the scaffold is designed at the time of erection or alteration; and such employer, who creates, installs, works or uses any plant or equipment to which any of the provisions of these rules apply, shall erect, install, work or use such plant or equipment in a manner, which complies with the relevant provisions.
(3) Where a contractor, who is undertaking any of the operations or works to which these rules apply, appoints any artisan, tradesman or other person to perform any work or services under a contract for services, it shall be the duty of the contractor to comply with the requirements of these rules as affect that artisan, tradesman or other person and for this purpose, any reference in these rules to a building worker, shall include a reference to such artisan, tradesman or other person and the contractor shall be deemed to be his employer.
(4) It shall be the duty of every building worker to comply with the requirements of these rules as are related to the performance of or refraining from an act by him and to co-operate in carrying out the purposes of these rules.
(5) It shall be the duty of every employer, not to permit a building worker or other employer to do anything which is not in accordance with the generally accepted principles of standard safe operating practices, connected with building or other construction work, as specified by the State Government.
(6) No person related with any building and other construction work, shall wilfully do any act that may cause injury to him or to others.
(7) It shall be the duty of every employer, not to allow lifting appliance, lifting gear, lifting device, transport equipment, vehicles or any other device or equipment to be used by the building workers, which does not comply with the provisions of these rules.
(8) It shall be the duty of the employer to maintain the latrines, urinals, washing facilities and canteen in a clean and hygienic condition. The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers.
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(9) It shall be the duty of the employer to abide by the dates fixed and notified by him for payment of wages for a period in accordance with these rules and no change in such dates and such period shall be effected without notice to the building workers and the Inspector. The employer shall ensure timely payment of wages as provided under these rules and at the place and time, specified by him. Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of the premises from whom he has taken the work on contract and shall obtain signature of such representative in token of having witnessed the payment of wages.
(10) It shall be the duty of the employer to ensure that the lifting appliance, lifting gear, earth moving machinery, transport equipment or vehicles, used in the building or other construction work undertaken by him, conforms to the requirements relating to testing, examination and inspection of such equipment as provided under these rules. It shall be the duty of every person in the service of the Government or any local authority or other public authority to comply with the requirements relating to him as specified in these rules.
(11) It shall be the duty of the employer or contractor to remove muck etc., and dispose of at a place, as apportioned by the officer-in-charge of the work.