Dear All,
Can anybody come up with the latest Supreme Court case law under the factories act w.r.t Occupier. I have a situation on hand:
My company is into project and we are getting our factory registered. We want to appoint our Head of the unit (employee of the company) as the occupier whereas the act states that the director can be the occupier only.
Can some body come up with the latest case laws as to can a employee be appointed as an occupier of the factory. If yes under which case law. One case is there of 1982 but would like to have a latest one to refer to.
Regards,
Anand
From United States
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2Can anybody come up with the latest Supreme Court case law under the factories act w.r.t Occupier. I have a situation on hand:
My company is into project and we are getting our factory registered. We want to appoint our Head of the unit (employee of the company) as the occupier whereas the act states that the director can be the occupier only.
Can some body come up with the latest case laws as to can a employee be appointed as an occupier of the factory. If yes under which case law. One case is there of 1982 but would like to have a latest one to refer to.
Regards,
Anand
From United States
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Dear all,
Addendum to the above question: Can anybody tell me, "Whether a non-resident Director of a company staying outside India and who is a foreign national can be the Occupier of a factory in India"? It would be great if it can be substantiated with relevant documents.
Regards,
Subrata
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Addendum to the above question: Can anybody tell me, "Whether a non-resident Director of a company staying outside India and who is a foreign national can be the Occupier of a factory in India"? It would be great if it can be substantiated with relevant documents.
Regards,
Subrata
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Dear Subrata,
In my view, one of the directors of the company should be the occupier. A director not staying in India should not be the occupier of the factory. Suppose there is a major accident in the factory and the occupier is staying abroad, then how can the occupier be arrested for any irregularity? Let others give their suggestions.
Thanks,
JS Malik
From India, Delhi
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In my view, one of the directors of the company should be the occupier. A director not staying in India should not be the occupier of the factory. Suppose there is a major accident in the factory and the occupier is staying abroad, then how can the occupier be arrested for any irregularity? Let others give their suggestions.
Thanks,
JS Malik
From India, Delhi
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Dear all,
I believe that if the occupier is foreign, the Manager of the Factory will be responsible for all the issues in the Factory. In most MNCs, the Director/Occupier will be abroad while the Manager will be held accountable.
Regards,
Sudharshan
From India, Madras
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I believe that if the occupier is foreign, the Manager of the Factory will be responsible for all the issues in the Factory. In most MNCs, the Director/Occupier will be abroad while the Manager will be held accountable.
Regards,
Sudharshan
From India, Madras
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Dear All,
As per my understanding, for a Pvt company, there should be two directors and for a public company, there should be three directors. However, there is no rule that there should be a resident director. In case there is no resident director, the directors can appoint another employee who will be responsible for compliance and in cases of emergency.
A director can be of three types:
1. Alternate Director: In case a director is out of India for a certain period of time, the directors can appoint another person as an alternate director who will be in charge of the company or the operations. In this case, the shareholders' approval is not required.
2. Additional Director: In this case, provided there is a requirement, the board of directors through an AGM can appoint an additional director post the shareholders' approval.
3. Director: A director can be appointed through an AGM post the approval of the shareholders.
In cases 2 & 3, Form 32 has to be submitted to ROC informing the inclusions within a month.
In all three cases, the appointee can be an employee of the company, holding another office such as a Manager, AVP, VP, AGM, GM, etc., provided he/she is not a minor. The appointee can also be an outsider who is not relevant to the company, provided they are not insolvent.
Thanks and Regards,
Siva
From India, Mumbai
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As per my understanding, for a Pvt company, there should be two directors and for a public company, there should be three directors. However, there is no rule that there should be a resident director. In case there is no resident director, the directors can appoint another employee who will be responsible for compliance and in cases of emergency.
A director can be of three types:
1. Alternate Director: In case a director is out of India for a certain period of time, the directors can appoint another person as an alternate director who will be in charge of the company or the operations. In this case, the shareholders' approval is not required.
2. Additional Director: In this case, provided there is a requirement, the board of directors through an AGM can appoint an additional director post the shareholders' approval.
3. Director: A director can be appointed through an AGM post the approval of the shareholders.
In cases 2 & 3, Form 32 has to be submitted to ROC informing the inclusions within a month.
In all three cases, the appointee can be an employee of the company, holding another office such as a Manager, AVP, VP, AGM, GM, etc., provided he/she is not a minor. The appointee can also be an outsider who is not relevant to the company, provided they are not insolvent.
Thanks and Regards,
Siva
From India, Mumbai
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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 if the Board passes a resolution to that effect (in the case of a company only). In the particular query where the 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. If yes, he can be nominated by the Board as an occupier.
Regards,
From India, Faridabad
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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 if the Board passes a resolution to that effect (in the case of a company only). In the particular query where the 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. If yes, he can be nominated by the Board as an occupier.
Regards,
From India, Faridabad
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