Query On Factories Act "Factory Owner & Factory Man

Dear All,

Can you please tell me:
1. What is the difference between a Factory Owner and a Factory Manager?
2. Is it obligatory to appoint both a Factory Owner and a Factory Manager for a factory?

Thanks,
dsv

Please refer to the Occupier's definition under Section 2(n) of the Factories Act, 1948. An occupier is generally an officer who is in overall control of the organization. For an organization owned by a company, a director may be the occupier, and in a partnership, any partner can be the occupier. However, a manager must be appointed by this occupier for the purpose of this Act. It is obligatory to appoint both and send their names to the Directorate of Industrial Health and Safety at the earliest.

Dear All,

Under the Factories Act, only a director can be the occupier who has ultimate control over the affairs of the factory, and no one else can be appointed as an occupier even though the Board passes a resolution to that effect (in the case of a company only).

In the particular query where a foreign director can be appointed as an occupier, the reply to the said query depends on whether that particular director has the ultimate control over the affairs of the factory and has been nominated by the Board as an occupier.

Regards,