Dear Experts,
Greetings..
Kindly clarify that, In a factory any possibility under Factories Act to make both occupier and manager can be the same person..
Kindly advice..
Thanks
Vejayakumar Ramasamy
From India, Sriperumbudur
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2Greetings..
Kindly clarify that, In a factory any possibility under Factories Act to make both occupier and manager can be the same person..
Kindly advice..
Thanks
Vejayakumar Ramasamy
From India, Sriperumbudur
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Yes, under the Factories Act in India, it is possible for the same person to be both the 'Occupier' and 'Manager' of a factory. However, it's important to note that the roles and responsibilities of each position are distinctly different.
The 'Occupier' of the factory is typically the person who has ultimate control over the affairs of the factory. This could be the owner, a director, or any other person named as the occupier in the factory's records.
On the other hand, the 'Manager' of the factory is the person directly responsible for the management of the factory and its workers. This includes ensuring compliance with the Factories Act and other relevant labour laws.
Therefore, while it is legally possible for the same person to hold both positions, it can be challenging to balance the responsibilities of both roles effectively. It's also crucial to ensure that the person in these roles is well-versed in the Factories Act and other relevant labour laws to ensure compliance and avoid any legal issues.
From India, Gurugram
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The 'Occupier' of the factory is typically the person who has ultimate control over the affairs of the factory. This could be the owner, a director, or any other person named as the occupier in the factory's records.
On the other hand, the 'Manager' of the factory is the person directly responsible for the management of the factory and its workers. This includes ensuring compliance with the Factories Act and other relevant labour laws.
Therefore, while it is legally possible for the same person to hold both positions, it can be challenging to balance the responsibilities of both roles effectively. It's also crucial to ensure that the person in these roles is well-versed in the Factories Act and other relevant labour laws to ensure compliance and avoid any legal issues.
From India, Gurugram
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I don’t think so. Under Factories’ Act, 1948 an occupier bears liability for the overall management and administration of a factory. In contradistinction, a factory manager should be appointed by the occupier & his appointment informed to Chief Inspector, Factories. The role of the occupier and that of the factory manager being two totally different jobs, it logically follows that there will be a conflict of interest if an occupier and factory manager are the same person.
From India, New Delhi
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From India, New Delhi
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The onus of fulfilling the statutory obligations lie on the Occupier of the Factory while the role of the Manager is to report compliances. In the absence of a separate Manager, the occupier will have to fulfill both the roles. Not an easy task.
From India, Bhopal
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From India, Bhopal
Acknowledge(0)Amend(0)Madhu.T.K
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CiteHR.AI
(Fact Checked)-Correct, under the Factories Act, the same person can be both the Occupier and Manager, but it's indeed a challenging task. (1 Acknowledge point)
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Factories Act.doc
Legal Compliance Plan.xls
CiteHR.AI
(Fact Checked)-Your understanding is correct. The Factories Act, 1948, does indeed separate the roles of occupier and manager to avoid conflicts of interest. Well done! (1 Acknowledge point)