NARASIMHAN2022
1

Dear Experts

Please clarify
1. can one have two manufactucring units (Pvt Ltd companies) in the same premises.
2.Can we get a factory licence and a trade lincence for the second company also for the same premises legally?
3.Can we have a Leave & Licence agreement having the whole premises for both cos?

Further Inputs:
1.These two units are separate Pvt Ltd companies having common Directors
2.Both have separate registrations with GST,PF &ESI
3.One company (30 years old and live ) to cater to Govt orders and the second company ( going to start production)
4.Both cos have Similar Products to manufacture

From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr
Nanu1953
Ceo-usd Hr Solutions
KK!HR
Management Consultancy
NARASIMHAN2022
Finance Manager
HR Anju
Hr Head
+2 Others

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saswatabanerjee
2289

The department will not grant you 2 factory licenses in the same premises.
Instead, you should look at one company doing manufacturing and the other doing trading or giving the production on job-work to the first one.

The government will give trade license to the same premises to different companies because I don't think they check anything before issuing the trade license. But it depends on the local laws. You will need to check the regulations to ensure you do not get into trouble later for false declarations.

Leave & License to 2 companies for the same area is possible but not legally correct. It may get into a mess if you have a dispute with your landlord at a later date. the existinance of 2 agreements overlapping in space will show the authorities (and the courts) that you intended some kind of fraud.

Common directors make little difference here as the companies are separate legal entities

From India, Mumbai
Anonymous
1

Thanks a ton Saswata Banerjee.Very useful tips, Will Pollution Control Board will give consent to manufacture (for the 2nd co) and continue to operate for then first co Tnak you once again
From India, Chennai
nanu1953
257

It is possible to get two factory license under one premises. It will be required proper demarcation for two different factories. Please talk to Local factory directorate for better clarification. There are examples at WB of such condition.

It appears from the submission that both the organizations are true sense separate and hopefully they have different Balance Sheet also.

Pollution Control Board will also give consent if the new factory fulfill all the norms as per PCB.

Both the factory may have same leave rule and there is no legal issues.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
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From India, New Delhi
saswatabanerjee
2289

I am not sure whether the PCB will give 2 consents for the same plant and equipment.
This was probably not thought of when the rules were framed.

After you get your license you can go and speak to the PCB local office. They are pretty helpful as such.
Generally a factory will have only 1 consent, so I don't think it will work for you.

For example, there is a limit specified for water consumption. If this was allowed, everyone would take 3 licenses and get 3 times the water consumption allowed under the act or discharge 3 times the effluents. So, I really don't think you will get that.

From India, Mumbai
drsivaglobalhr
291

Dear Colleague
For understanding whether there can be 2 Factories in the same premises we need to understand what Section 4 of the Factories Act 1948 says:

Sec 4. Power to declare different departments to be separate factories or two or more factories to
be a single factory.—The State Government may,[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing [and subject to such conditions as it may deem fit that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:] [Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.]

Hence it is quite possible to operate 2 Factories in Same Premises if the State Government is convinced on this. In practicality there should be no connection or mix-up in the MANUFACURING PROCESS between the 2 factories.
- The initial process till packing should be separate,
-Accounting to be separate,
-packing to be separate,
-boundaries of the 2 factories to be clearly demarcated,
-Assets and Machinery are separate,
-Manpower is separate and Factory 1 workers should not work in Factory 2,
-separate Factory Manager,
-Separate Occupier,
-separate EB connection for HT Lines,
-separate List of Directors ( HERE ATLEAST 1 DIRECTOR SHOULD BE DIFFERNT IN BOTH COMPANIES and you can not have same List of Directors)
- Separate Entry and exit gates
- Separate Factories Registers
-Distinguishing Uniforms to employees
- No common or shared facilities except those which are specifically allowed under Factories Act
- Separate Books of Accounts and Production Accounts, Sales Accounts

Separate Consent Order is possible provided you have 2 separate Factory Licenses and 2 EB Connection Documents as well as only when you have separate set of AIR, WATER POLLUTION CONTROL SYSTEMS in Place. This may call for a huge investment I guess.

Hence you may have detailed discussion with your State Industrial Safety and Health Department Officials in writing as well as with the Pollution Control Dept Official (in writing) well in advance before proceeding to either call.

Kindly have a SWOT done by a Team along with TOP management on what are the benefits and advantages as well as demerits and then proceed whichever is the best advantage for the Company as such.

From India, Chennai
HR Anju
Is it not possible to get the licenses purely on basis of their credentials and Co EXIT/ COHABIT with a "ARM LENGHT AGREEMEBNT" Would love to get opinions
From India, New Delhi
milind prabhune
It is possible to have two factories in the same premise's. Factory inspector approvals with plans are needed with complete demarcation of activities. Separate electric supply from electricity board is required.
Pollution control board if undertaking is given by one company whose effluent treatment plant have the consent then consent can be granted to other company.
Agreement is to made for such operation's for better clarity.


Milind Prabhune
Elantas Beck India Ltd, Pune

From Japan
saswatabanerjee
2289

Anju,
Can you build 2 buildings on the same plot, and I mean same plot, not 2 parts of the same plot.
In the same way, you can not have 2 factories in the same place.

The law allows 2 separate factories to be in the same physical compound, But the OP is clearly stating that both factories will be covering the entire area. How exactly will that work? Please tell me.

From India, Mumbai
KK!HR
1320

Sir,
My take on this is different.We had 11 separately registered factories in the same premises. I am told in Bhilai Steel Plant there are 50 factories in its premises, all are individually registered.
The demarcation into separate factories is possible so long as manufacturing process is carried out in both the premises and employing 10 persons in case power is used otherwise there are twenty people working in each such premise.
Registering them as separate factories has a lot of disadvantages, compliances like Canteen, rest room, ambulance, Welfare Officer, Safety Officer etc the Factory Inspector would insist individually for each factory, and the returns and formats have to be sent in both the cases. This is not a mean task.
As regards leave and license it is possible to have a common agreement with the landlord for running both the firms with clear mention of both the legal entities

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.








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