Dear All,
One of our factory located at Kolkata,WB. Its' registered office at Hyderabad. For renewal of Factory licence at Kolkata, Licence officer-Factory, Govt. WB wants Form-32 along with renewal- application which contains the changes of Directors. But I've checked with West Bengal Factory Act,1958, therein it is not mentioned that alongwith Form-2(renewal of licence) submission of Form-32 is required. However we have submitted the list of Directors signed by our company secretary alongwith the application. Moreover we are ready to submit the Board of resolution mentioning the changes of Directors, but he is not accepting this document in replace of Form-32. I want to know whether the Licence_officer is correct else we may oppose it.
Please suggest on the above
Regards,
From Netherlands, Amsterdam
1One of our factory located at Kolkata,WB. Its' registered office at Hyderabad. For renewal of Factory licence at Kolkata, Licence officer-Factory, Govt. WB wants Form-32 along with renewal- application which contains the changes of Directors. But I've checked with West Bengal Factory Act,1958, therein it is not mentioned that alongwith Form-2(renewal of licence) submission of Form-32 is required. However we have submitted the list of Directors signed by our company secretary alongwith the application. Moreover we are ready to submit the Board of resolution mentioning the changes of Directors, but he is not accepting this document in replace of Form-32. I want to know whether the Licence_officer is correct else we may oppose it.
Please suggest on the above
Regards,
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From Netherlands, Amsterdam
The Licence Officer is correct as whatever declaration in terms of appointment of directors, if your's is an establishement registered with the Register of Companies, Form-32 is a mandatory document which needs to be accompanied with the Application for Registration with RoC and without which your factory/factories/establishments can not be registered. In simple language, Registrar of Companies,as a representative of the Govt, is required to be a party for formation of any Public/Pvt Ltd Co., in order to protect interest of all parties, who are in any way is attached to the organisation (specially the Sundry Debtors) and since the Organisation is represented thru it's Director or Board of Directors, the same should be approved of by a statutory authority. Hence, the intention of the government in this regard is quite benevolent and plays role as protector.
Hence, the Director's list, printed on a Co. letter head & duly signed by the said Board of Directors or MoM extract or Board of Resolution has got no value because it's a 'self-declaration' of the Board of Directors of your Organisation and if the list of directors are not officially appointed by filing Form-32 with the Registrar of Companies along with Fees paid and your list of directors do not match with the Form-32, it will be established that the persons named as director in your list has not been statutorily appointed and has got no right to represent your organisation.
Hope you are clear with the issue. However, would request you to take a legal opinion from any Legal Practitioner for a better understanding.
supban
From India, Calcutta
Hence, the Director's list, printed on a Co. letter head & duly signed by the said Board of Directors or MoM extract or Board of Resolution has got no value because it's a 'self-declaration' of the Board of Directors of your Organisation and if the list of directors are not officially appointed by filing Form-32 with the Registrar of Companies along with Fees paid and your list of directors do not match with the Form-32, it will be established that the persons named as director in your list has not been statutorily appointed and has got no right to represent your organisation.
Hope you are clear with the issue. However, would request you to take a legal opinion from any Legal Practitioner for a better understanding.
supban
From India, Calcutta
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
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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Factory Rules 1950.zip
Amendment of factory act MP rules.pdf