There is absolutely no bar for the cccupier to be the manager as is evident from Sec.7(5) of the Fcatories Act,.This is because of the fact that the occupier is in charge of the over all control over the affairs of the company.But the fact that the Act desires to have a seperate entity as manager is evident from the same provision Sec.7(5).
Sec.7(5) states that the occupier shall be deemed to be manager during the period when no person is designated as manager or even if designated as manager, he does not function as manager.Thus this section expects the occupier to act as manger only till such time he designated some one as manager and thus it expects him to designate some one as manger. The intention of this provision does not seem to be favouring teh occupier to be manger eternally.It is only a stop-gap arrangement.
Further Sec.7(1)(f) also requires the occupier to send notice to the Inspector intimatin the name of the manager for the purposes of the Act. This also shows that teh Act desired to ahve a seperate entity called manager.Thus both occupier and manager are different, though an occupier can be manager, it is for the limited period or temporary period. This is my view.
B.Saikumar
Mumbai
Sec.7(5) states that the occupier shall be deemed to be manager during the period when no person is designated as manager or even if designated as manager, he does not function as manager.Thus this section expects the occupier to act as manger only till such time he designated some one as manager and thus it expects him to designate some one as manger. The intention of this provision does not seem to be favouring teh occupier to be manger eternally.It is only a stop-gap arrangement.
Further Sec.7(1)(f) also requires the occupier to send notice to the Inspector intimatin the name of the manager for the purposes of the Act. This also shows that teh Act desired to ahve a seperate entity called manager.Thus both occupier and manager are different, though an occupier can be manager, it is for the limited period or temporary period. This is my view.
B.Saikumar
Mumbai