Occupier of the Factory.

[CS.Parvathi]

Dear ALL

 

Please Suggest me for the following.

 

As per Section 2(n) (ii) of the Factories Act, 1948 "Occuper" of the factory means the person who has ultimate control over the affairs of the factory-in the case of a company, any one of the directors, shall be deemed to be the occupier:

 

1.Accordingly is it possible for a company to appoint Factory manager as Occuper and give substantial power to manage the factory.  (As per the wordings deemed to be the occupier)

 

Regards.

 

CS Parvati K.R.

 

[Jayashree Chandrasekaran]

Dear Parvathi,

The board can pass a resolution authorising the Factory manager to be the occupier of the factory

Jayashree

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[CS.Parvathi]

thank a lot

[chakri hegde]

I have a contrary view on this ...............

as per the decision of Supreme Court in the case of J. K. Industries Ltd. V. Chief Inspector of Factories and Boilers, no person other than one of the directors can be occupier under the meaning of section 2(n) (ii).

So only the Directors of the company can be notified as the Occupier of the Factory.

Contrary views are invited............

On Sat, Mar 20, 2010 at 4:13 PM, Jayashree Chandrasekaran <jayash...@gmail.com> wrote:

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---------------------
With Best Wishes
Chakri G Hegde
Nissin Foods India Ltd.
Bangalore

[krishna ds]

Dear,

 

With recent amendments to Factories Act, only Director level should be appointed as Occupier.

 

With Regards,

D S Krishna
840, 'KUBS', 8th Cross
Jnanabharathi Lay-out I Block
Valagerehalli
R V Vidyaniketan
BANGALORE - 560 059
Tel:
Mobile: 94480 18302

[CS.Omkar]

Dear Ms. Parvathi,

 

I agree with the views of Mr. Chakri.

 

"A Company owning a factory cannot nominate its employees or officers except Director of the company as occupier of its factory." Held in J.K.Industries Ltd. V/s Chief Inspector of Factories(1997) I-L.L.J.SC 772 and also In Tata Oil Mils Co. Ltd, & Ors V/s State of UP & Ors1997(1)LLJ 1207(ALL).

 

Occupier and Manager under the Factories Act are two different positions and one person cannot be nominated as both Occupier and Manager. As per sec 2(n) it is clear that "any one of the directors, shall be deemed to be the occupier". Except Directors, no other person can become Occupier.

 

Regards...Omkar

[VIJAY SHYAM ACHARYA]

Yes...in fact of late in some cases the Factories Inspector has asked for the Board Resolution, Form 32 of the concerned Director... Regards --- On Sat, 3/20/10, CS.Omkar <acs....@gmail.com> wrote: