The Building and Other Construction Workers

Labour Department, Government of Uttar Pradesh

Chapter IX

Special Provisions

44. Responsibility of employers.- An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents.

Comments

It is the responsibility of the employer to provide constant and adequate supervision of any building or other construction work as to ensure compliance with the provisions of the Act relating to safety and for taking all steps necessary to prevent accidents.

45. Responsibility for payment of wages and compensation.- (1) An employer shall be responsible for payment of wages to each building worker employed by him and such wages shall be paid on or before such date as may be prescribed.
(2) In case the contractor fails to make payment of compensation in respect of a building worker employed by him, where he is liable to make such payment when due, or makes short payment thereof, then, in the case of death or disablement of the building worker, the employer shall be liable to make payment of that compensation in full or the unpaid balance due in accordance with the provisions of the Workmen's Compensation Act, 1923 (8 of 1923), and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

Comments

An employer is responsible for payment of wages to each building worker employed by him and wages shall be paid on or before the prescribed date. In case the contractor tails to make payment of compensation or makes short payment, then in the case of death or disablement of the building worker, the employer is liable to make payment of that compensation in full or unpaid balance and is entitled to recover the amount so paid from the contractor.

46. Notice of commencement of building or other construction work.-(1) An employer shall, at least thirty days before the commencement of any building or other construction work, send or cause to be sent to the Inspector having jurisdiction in the area where the proposed building or other construction work is to be executed, a written notice containing-
(a) the name and situation of the place where the building or other construction work is proposed to be carried on;
(b) the name and address of the person who is undertaking the building or other construction work:
(c) the address to which communications relating to the building or other construction work may be sent;
(d) the nature of the work involved and the facilities, including any plant and machinery, provided;
(e) the arrangements for the storage of explosives, if any, to be used in the building or other construction work;
(f) the number of workers likely to be employed during the various stages of building or other construction work;
(g) the name and designation of the person who will be in overall charge of the building or other construction work at the site;
(h) the approximate duration of the work;
(i) such other matters as may be prescribed.

(2) Where any change occurs in any of the particulars furnished under sub-section (1), the employer shall intimate the change to the Inspector within two days of such change.
(3) Nothing contained in sub-section (1) shall apply in case of such class of building or other construction work as the appropriate Government may by notification specify to be emergent works.

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