Dear All,
One of our factories is located in Kolkata, West Bengal, with its registered office in Hyderabad. To renew the factory license in Kolkata, the License Officer-Factory from the Government of West Bengal requires Form-32 along with the renewal application, which should include the changes of Directors. I have consulted the West Bengal Factory Act, 1958, and found no mention that Form-32 is necessary in addition to Form-2 for license renewal. Despite submitting the list of Directors signed by our company secretary with the application, the License Officer insists on Form-32. We are prepared to provide a Board resolution indicating the changes in Directors, but he is refusing to accept this as a substitute for Form-32. I would like to confirm if the License Officer's requirement is accurate, or else we may challenge it.
Please advise on the above matter.
Regards,
From Netherlands, Amsterdam
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1One of our factories is located in Kolkata, West Bengal, with its registered office in Hyderabad. To renew the factory license in Kolkata, the License Officer-Factory from the Government of West Bengal requires Form-32 along with the renewal application, which should include the changes of Directors. I have consulted the West Bengal Factory Act, 1958, and found no mention that Form-32 is necessary in addition to Form-2 for license renewal. Despite submitting the list of Directors signed by our company secretary with the application, the License Officer insists on Form-32. We are prepared to provide a Board resolution indicating the changes in Directors, but he is refusing to accept this as a substitute for Form-32. I would like to confirm if the License Officer's requirement is accurate, or else we may challenge it.
Please advise on the above matter.
Regards,
From Netherlands, Amsterdam
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The License Officer is correct in requiring a declaration regarding the appointment of directors. If your establishment is registered with the Registrar of Companies, Form-32 is a mandatory document to be submitted along with the Application for Registration. Without Form-32, your factory/establishment cannot be registered. In simple terms, the Registrar of Companies, representing the Government, must be involved in the formation of any Public/Pvt Ltd Co. to safeguard the interests of all parties associated with the organization, especially the Sundry Debtors. Since the organization is represented by its Director or Board of Directors, approval by a statutory authority is necessary. The government's intention in this matter is benevolent and serves as a protective role.
The Director's list, printed on a company letterhead and duly signed by the Board of Directors, a Minutes of Meeting extract, or a Board of Resolution, holds no value as it is a self-declaration by the Board of Directors. If the list of directors is not officially appointed through Form-32 filing with the Registrar of Companies, along with the requisite fees, and does not match the Form-32, it indicates that the persons listed as directors are not legally appointed and have no authority to represent the organization.
It is important to seek legal advice from a Legal Practitioner for further clarification on this matter.
From India, Calcutta
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The Director's list, printed on a company letterhead and duly signed by the Board of Directors, a Minutes of Meeting extract, or a Board of Resolution, holds no value as it is a self-declaration by the Board of Directors. If the list of directors is not officially appointed through Form-32 filing with the Registrar of Companies, along with the requisite fees, and does not match the Form-32, it indicates that the persons listed as directors are not legally appointed and have no authority to represent the organization.
It is important to seek legal advice from a Legal Practitioner for further clarification on this matter.
From India, Calcutta
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Dear Frnd,
Thanx, supban. For abhishek, please find as follows.
Half Yearly Return under the West Bengal Factory Rule
Period ending 30th June 2009
Registration No.: Classification Code No.
Name of the Factory:
Name of the Occupier:
Name of the Manager:
Certified that the information furnished above is, to the best of my knowledge and belief, correct.
___( )__
Signature of the Manager
Date 06.07.2009
The Return should be sent to the Chief Inspector of Factories by 15th July of the current year.
The average daily number should be calculated by dividing the aggregate number of attendances on working days by the number of working days during the half-year. In reckoning attendances, attendance by temporary as well as permanent employees should be counted and all employees (including apprentices) should be counted and all employees should be included whether they are employed directly or under contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause, and days on which the manufacturing processes were not carried on, should not be treated as working days. However, if more than 50% of workers employed (on the previous day) attend to repair, maintenance or other such work on closed days, such days should be treated as working days.
Partial attendance for less than half a shift of working day should be neglected and attendance for half a shift or more should be treated as full attendance,
From Netherlands, Amsterdam
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Thanx, supban. For abhishek, please find as follows.
Form No. 23
[ see Clause (2) of Rule 103]
Half Yearly Return under the West Bengal Factory Rule
Period ending 30th June 2009
Registration No.: Classification Code No.
Name of the Factory:
Name of the Occupier:
Name of the Manager:
- District :
- Postal Address : .
- Nature of the Industry :
- Number of days worked during the half year ending 30th June 2009 :
- Number of man-days worked during the half year ending 30th June2009 -
- Adults – Men: ______ Women NIL
- Adolescents – male - NIL Female NIL
- Children Boys NIL Girls NIL
- * Average no. of workers employed daily:
- Adults – Men _____ Women NIL
- Adolescents – male NIL Female NIL
- Children Boys NIL Girls NIL
Certified that the information furnished above is, to the best of my knowledge and belief, correct.
___( )__
Signature of the Manager
Date 06.07.2009
The Return should be sent to the Chief Inspector of Factories by 15th July of the current year.
The average daily number should be calculated by dividing the aggregate number of attendances on working days by the number of working days during the half-year. In reckoning attendances, attendance by temporary as well as permanent employees should be counted and all employees (including apprentices) should be counted and all employees should be included whether they are employed directly or under contractors. Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Days on which the factory was closed for whatever cause, and days on which the manufacturing processes were not carried on, should not be treated as working days. However, if more than 50% of workers employed (on the previous day) attend to repair, maintenance or other such work on closed days, such days should be treated as working days.
Partial attendance for less than half a shift of working day should be neglected and attendance for half a shift or more should be treated as full attendance,
From Netherlands, Amsterdam
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