Dear Experts,
Please provide your interpretation of "who is an occupier as per the Factories Act, 1947. Is it compulsory for a board of directors? Can an employee be nominated as an 'Occupier' of the Factory?
I urgently require your valuable reply. If there are any case laws on this, please also supply.
Regards,
PBS KUMAR
From India, Kakinada
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592Please provide your interpretation of "who is an occupier as per the Factories Act, 1947. Is it compulsory for a board of directors? Can an employee be nominated as an 'Occupier' of the Factory?
I urgently require your valuable reply. If there are any case laws on this, please also supply.
Regards,
PBS KUMAR
From India, Kakinada
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An employee who has all the rights in the factory:
1. Authority to sign anything.
2. Authority to modify or damage any part of the building.
3. Authority to sign cheques.
4. A nominated power of attorney for the entire company.
5. Authority to act as a nominee in legal affairs.
Then, he can be an occupier; otherwise, the Director should be the only occupier.
From India, Madras
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1. Authority to sign anything.
2. Authority to modify or damage any part of the building.
3. Authority to sign cheques.
4. A nominated power of attorney for the entire company.
5. Authority to act as a nominee in legal affairs.
Then, he can be an occupier; otherwise, the Director should be the only occupier.
From India, Madras
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Subject: Re: Who is an occupier as per the Factories Act, 1947
An employee who has managerial and/or supervisory power in the management or the factory, such as the authority to appoint and terminate the service of any person (worker, official of the factory, sanction of leave, gate pass), becomes the occupier of the factory. The Board of Directors has to declare that person as an occupier under the provisions of the Factories Act, 1948. Otherwise, any of the directors should be an occupier under the provisions of the Factories Act, 1948.
From India, Gurgaon
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An employee who has managerial and/or supervisory power in the management or the factory, such as the authority to appoint and terminate the service of any person (worker, official of the factory, sanction of leave, gate pass), becomes the occupier of the factory. The Board of Directors has to declare that person as an occupier under the provisions of the Factories Act, 1948. Otherwise, any of the directors should be an occupier under the provisions of the Factories Act, 1948.
From India, Gurgaon
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Dear Mr. Naga & Mr. Mukesh ji, Thank you for your interpretation on "OCCUPIER" under Factories Act, 1947. But I got some information on this which is attached please go through. Regards, PBS KUMAR
From India, Kakinada
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From India, Kakinada
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Dear Mr. Kumar I have gone thru the attaching file, I think it is quite clear what i want to state in respect of interperation of occupier
From India, Gurgaon
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From India, Gurgaon
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Dear All,
Really great discussion... I have gone through the attached file as well.
This document states the following conditions:
An employee can be an Occupier, and in the case of a company, the occupier must be a director or any of the board of directors.
"It was held that where the company owns or runs a factory, it is the company which is in ultimate control of the affairs of the factory through its directors. Even when the resolution of the board states that an officer or employee other than one of the directors shall have ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company to one of its employees or officers, except where there is a complete transfer of the control of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory. This interpretation of an 'occupier' would apply to all provisions of the Act wherever the expression 'occupier' is used, and not merely for the purposes of Sec. 7 or Sec. 7A of the Act."
Can anyone provide examples of organizations where employees are deputed as Occupier?
From India
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Really great discussion... I have gone through the attached file as well.
This document states the following conditions:
An employee can be an Occupier, and in the case of a company, the occupier must be a director or any of the board of directors.
"It was held that where the company owns or runs a factory, it is the company which is in ultimate control of the affairs of the factory through its directors. Even when the resolution of the board states that an officer or employee other than one of the directors shall have ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company to one of its employees or officers, except where there is a complete transfer of the control of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory. This interpretation of an 'occupier' would apply to all provisions of the Act wherever the expression 'occupier' is used, and not merely for the purposes of Sec. 7 or Sec. 7A of the Act."
Can anyone provide examples of organizations where employees are deputed as Occupier?
From India
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf