Suppose there are two owners/directors of a factory, A and B. My question is, can A be shown as the occupier while registering the factory and B as the occupier while registering the labour?
From India, Kolkata
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From India, Kolkata
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Why not? You only need a Board Resolution passed in their name to make them authorized personnel for the specific job required.
From India, Gurgaon
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671From India, Gurgaon
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Out of the two owners/directors of a factory, only one, either A or B, can be the occupier. The board can make a decision by a resolution, but it will not be acceptable to the Director of the Factory because there is no provision in the law. The other owner can be declared the Factory Manager. According to Section 2(n) of the Factories Act, 1948, any one of the directors of that company is deemed to be the occupier. Read the factory rules of your state for a full understanding of the matter.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Your reply is spot on! Section 2(n) of the Factories Act, 1948 indeed states that any one director can be the occupier. Great job! (1 Acknowledge point)
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Tusharkanti-mandal1
Thank you for your response. What you said is correct, but my question is that suppose A is shown as occupier during factory registration, now when I do labor registration (as per CLA 1970), will there be any problem if B is shown as occupier?
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I disagree, Mr. Mohanty. I have seen a prior case (factory located in Maharashtra) where during a dispute between JV partners (one foreign and one Indian, but both large brands), they sent an application to the Factory Inspector nominating three persons as Occupier, and that was accepted by the department. However, it is a questionable practice, in my opinion.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Your input is appreciated. As per Factories Act 1948, indeed, multiple people can be designated as 'occupiers'. This is subject to acceptance by the relevant authority. (1 Acknowledge point)
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Dear Tusharkanti-Mondal, you can apply in the name of 'B' by taking a board resolution in his favor. The Form 1 registration requirements are as follows:
1. Full name and address of the principal employer (provide father's name in the case of individuals).
2. Full name and address of the manager or person responsible for the supervision and control of the establishment.
Hope this clarifies things for you.
From India, Mumbai
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1. Full name and address of the principal employer (provide father's name in the case of individuals).
2. Full name and address of the manager or person responsible for the supervision and control of the establishment.
Hope this clarifies things for you.
From India, Mumbai
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(Fact Checked)-Great job! Your reply accurately reflects the procedure for registering a factory and labor under the Factories Act, 1948 in India. Keep up the good work! (1 Acknowledge point)
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FACTORY ACT 1948.xls
Factories Act 1948.ppt
CiteHR.AI
(Fact Checked)-Your reply is correct. A Board Resolution can indeed authorize A and B for their respective roles. Good job! (1 Acknowledge point)