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PART II
Responsibilities
7.
Responsibilities.-(1)
It shall be the duty of the Port Authority to comply with regulations 9 to
12, 15 to 23, 61 (1 & 8), 80 (2 and 3) 81, 85 (12), 89, 91 (2 to 6), 92
(2), 93 (1, 3 & 4), and 94 to 115.
(2) It shall be the
duty of the owner, or master, or officer-in-charge and the agents of a ship
to comply with regulations 12, 16 (1) to (3), 17 (1) (a), 24 to 37, 76, 80
(1), 99 (1) and 101 (1 & 3).
(3) (a) It shall be
the duty of the owner of the lifting appliance, loose gear, and transport
equipment or any other equipment used in dock work on shore or on board the
ship to comply with the regulations 17 (4), 27, 40 to 49, 51, 52 (1 to 4),
54, 57 (1 to 4, 6 & 7), 59 (1 to 3), 60, 62, 63, 64, 84 (1), 85 (5), 87
and 88.
(b) In case lifting
appliance, loose gear, or any other equipment used in dock work on board a
ship not registered in India, It shall be the duty of the master or Chief
Officer of such ship and agent of such ship to comply with the regulations
27, 40 to 49, 51, 52 (1 to 4), 54, 87 and 88.
(4) (a) It shall be
the duty of every employer and of all agents, employees and dock workers
employed by him to comply with regulations 11 (1 & 2), 17 (5), 77 (5), 85
(8) and 86 (8).
(b) It shall be the
duty of every employer to comply with regulations 13, 14, 16 (4), 17 (4 &
5) 18, 20 (2), 24 (7 & 8), 25, 28, 29 (2), 31, 32 (3, 6, 8 & 9), 33
to 39, 45 (1), (2) & (3), 52 (5), 53 to 56, 57 (4) (e), (5). (6) &
(8), 58, 59 (4), 61 (9) and (10), 62 (13), (17), 64 to 75, 77 to 82, 84 (2),
85 except 85 (12), 86, 87 (2), 88 (4 to 8), 89 to 93, 95, 98, 107, 109 (2),
110, 114 (4), 116 and 117.
Provided that where
the dock work is carried on by a stevedore or other person other than the owner
of a ship it shall be the duty of the owner, master or officer-in-charge of
the ship, to comply with regulation 33 (1) so far as it concerns:
(i) Any hatch not
taken over by the said stevedore or other person for the purpose of the dock
work; and
(ii) any hatch which,
after having been taken over by the said stevedore or other person for the
purpose of the dock work-
Dock Workers (Safety,
Health & Welfare) Regulatons, 1990 [R.8
(a) has been reported
by written notice in Form I to the owner, master or officer-in-charge of
ship, or by on behalf of the said person, as being hatch at which the dock
work has been completed for the time being,
(b) either has been
left by the persons fenced or covered as required by regulation 33 (1) or has
been taken into use by or on behalf of the owner of the ship, and in either
case has been so reported by such written notice as aforesaid. It shall be
the duty of the owner, master or officer-in-charge of the ship to give
immediately written acknowledgment of such written notice as aforesaid.
(5) It shall be the
duty of every dock worker to comply with the requirement of such of these
regulations as relate to the performance, of or refraining from, an act by
him and to co-operate in carrying out requirements of these regulations and
if he discovers any defects in the lifting appliance, loose gear, lifting
device, conveying any transport equipment or other equipment to report such
defects without un-reasonable delay to his employer or foreman or other
person in authority.
(6) No person shall
unless duly authorised or in case of necessity, remove or interfere with any
fencing, gangway, gear, ladder, hatch covering, life saving appliance,
lighting, or other thing whatsoever required by the Act and these regulations
to be provided. If removed such things shall be restored at the end of the
period during which their removal was necessary, by the persons last engaged
in that work necessitated such removal.
(7) (a) No employer
shall allow lifting appliance, loose gear, lifting device, or conveying and
transport equipment to be used by dock workers which does not comply with
regulations 17 (4), 27, 40 to 49, 51, 52 (1 to 4), 54, 57 (1 to 4 & 6 to
7), 59 (1 to 3), 60, 62, 87 and 88.
(b) If the person
whose duty, it is to comply with regulations mentioned in sub-regulation (2)
above fail to do so, then it shall also be the duty of the employer of the
dock workers to comply with such regulations within the shortest time
reasonably practicable after such failure.
(8) It shall be the
duty of the person for the time being in charge of any ship to produce for
inspection and examination certificates required under regulation 51.
(9) Every dock worker
shall use the means of access provided in accordance with these regulations
and no person shall authorise or order another to use means of access other
than those provided in accordance therewith.
(10) No person shall
go upon any hatch beam for the purpose of adjusting the gear for lifting them
on or off nor shall any person authorise or order another to do so.
(11) It shall be the
duty of the Dock Labour Board and every other employer of dock workers to
comply with regulations 74, 89, 91(3), 92, 93 (1, 3 & 4), 103, 107, 108
to 111.
(12) It shall be the
duty of the competent person to comply with the regulations 41, 47, 48 and
50.
8.
Exemption.-The
Chief Inspector may, subject to such conditions, if any, as may be specified
therein by order in writing (which may in its discretion be revoked at any
time), exempt from all or any of the requirements of these regulations,-
R.10] Dock Workers
(Safety, Health & Welfare) Regulatons, 1990
(a) any dock or part
of a dock, if he is satisfied that dock work is only occasionally carried on
or traffic is small and confined to small ships and fishing vessels at such
dock;
(b) any appliance,
gear, equipment, or device or any class or description of appliances, gear,
equipment or device, if he is satisfied that the requirement in respect of
which the exemption is granted are not necessary or equally effective
measures are taken:
Provided that he
shall not grant exemption under this regulation unless he is satisfied that
such exemption will not adversely affect the health, safety and welfare of
dock workers.
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