Dear Kamal & Ramchandra
Thanks for your very useful comments. Here I would like to mention some clarification about definition of an Occupier.
Occupier: The terms “occupier” has been defined under Section 2 (n) of the Factories Act 1948 as under “Occupier” of a factory means the person who has the ultimate control over the affairs of the factory provided that.
- In the case of a firm or other association of individual any one of the individual partners or member is deemed to be the occupier.
- In the case company, any one of the direction is deemed to be occupier.
- In the case of factory controlled, owned by the Central Government or any State Government or any local authority, the person or person appointed to manage the affairs of the factory are deemed to be occupier.
- In the case of ship which is being repaired, or on which maintenance work is being carried out or in a dry dock which is available for hire, the owner of the dock is deemed to be occupier.
- The owner of the ship or his agent or master to carry out the repairs or maintenance work is deemed to be occupier.
A remote but ultimate control clothes a person with the position of occupier
The term “Occupier” in general means a person who occupies the factory either by himself or by his agent, he may be an owner, a lessee or mere licensee but he must have a right to occupy the property and dictate the terms of management.
Nitin
Rainbow Facility Services
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