Confused About Plant Occupier Rules? Need Help with Director Requirements!

Hi friends, I was going through all the information related to the topic of an Occupier, but I am unable to understand the actual conditions required to be the occupier of a plant. We had our occupier changed; previously, it was one of our directors. Now, we have received a Board Resolution stating that our new plant occupier is our Plant Manager. I sent Form No. 2A to the concerned Government Authority, but I received a reply stating that I need to send the list of directors again, which should include the name of our present occupier as a director. Now, I am confused because our current plant occupier is not a director. What reply should I send? Have we made a mistake, or what are the actual conditions that the law allows? Kindly reply to me ASAP.

Understanding the Role of an Occupier

By virtue of the proviso to section 2(n)(ii), a director is deemed to be an occupier. It is also a fact that the occupier need not be a director of the company. If so, the public sector undertakings cannot practically function. Therefore, get a Board Resolution appointing your Plant Manager as the Occupier under the Factories Act.

Regards,
Madhu. T.K

Declaration of Occupier Under Factories Act, 1948

After reviewing your case for the declaration of the occupier, it seems to fall under sec. 2(n)(ii) of the Factories Act, 1948. Accordingly, you are required to declare one of the directors as the occupier in place of the currently designated occupier at the upcoming Board of Directors meeting convened for this purpose. Since this concerns a company, the government authority's request for designating one of the directors as the 'occupier' under this Act appears to be justified in my opinion.

Submitted as requested.

Regards,
R.N. KHOLA (LL&IR)
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QUOTE by Bhrdwaj Harsh: Hi friends, I was going through all the information related to the above-mentioned topic, Occupier. I am unable to understand the actual conditions required to be the occupier of a plant.