Navigating Factory License Renewal in West Bengal: Is Form-32 Really Necessary?

Dear All,

One of our factories is located in Kolkata, West Bengal, with its registered office in Hyderabad. To renew the factory license in Kolkata, the License Officer-Factory from the Government of West Bengal requires Form-32 along with the renewal application, which should include the changes of Directors. I have consulted the West Bengal Factory Act, 1958, and found no mention that Form-32 is necessary in addition to Form-2 for license renewal. Despite submitting the list of Directors signed by our company secretary with the application, the License Officer insists on Form-32. We are prepared to provide a Board resolution indicating the changes in Directors, but he is refusing to accept this as a substitute for Form-32. I would like to confirm if the License Officer's requirement is accurate, or else we may challenge it.

Please advise on the above matter.

Regards,

The License Officer is correct in requiring a declaration regarding the appointment of directors. If your establishment is registered with the Registrar of Companies, Form-32 is a mandatory document to be submitted along with the Application for Registration. Without Form-32, your factory/establishment cannot be registered. In simple terms, the Registrar of Companies, representing the Government, must be involved in the formation of any Public/Pvt Ltd Co. to safeguard the interests of all parties associated with the organization, especially the Sundry Debtors. Since the organization is represented by its Director or Board of Directors, approval by a statutory authority is necessary. The government's intention in this matter is benevolent and serves as a protective role.

The Director's list, printed on a company letterhead and duly signed by the Board of Directors, a Minutes of Meeting extract, or a Board of Resolution, holds no value as it is a self-declaration by the Board of Directors. If the list of directors is not officially appointed through Form-32 filing with the Registrar of Companies, along with the requisite fees, and does not match the Form-32, it indicates that the persons listed as directors are not legally appointed and have no authority to represent the organization.

It is important to seek legal advice from a Legal Practitioner for further clarification on this matter.