Yes, A single person can be a factory Manager for 2 plants. A separate Factory License should be obtain for both the plants with same factory Manager / Occupier. S B Ramesh
From India, Madras
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6From India, Madras
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Kindly ask your consultant which provision of the Factories Act or Rule prohibits a person from being nominated as a manager for more than one unit. There are four persons mentioned in the Factories Act:
1. Occupier
2. Manager
3. Welfare Officer
4. Safety Officer
The Occupier nominates a Manager. If the Occupier does not nominate or if a nominated Manager resigns, the Occupier will act as the Manager unless proven otherwise. The Act does not specify the duties of a Manager. Welfare officers and Safety Officers cannot be nominated for other units, but a Manager can be. It is not necessary for the Manager's name to be on the Muster Roll, but it is expected that the Manager attends to the day-to-day functions of the unit. A Consultant who only visits once a week cannot be appointed as a Manager. If the unit is located outside the city, it is assumed that the person cannot oversee day-to-day operations, requiring another person on-site as Manager. However, if you have two units in the same city, the Occupier can nominate the same person as Manager for both units since the law does not prohibit it.
Reviewing the rules in different states, you will find that the Manager is primarily responsible for maintaining registers and providing information to the Inspector. The Act addresses major issues involving the Occupier and sometimes the Manager. There is no prohibition on appointing a person as Manager for more than one unit.
From India, Chennai
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1. Occupier
2. Manager
3. Welfare Officer
4. Safety Officer
The Occupier nominates a Manager. If the Occupier does not nominate or if a nominated Manager resigns, the Occupier will act as the Manager unless proven otherwise. The Act does not specify the duties of a Manager. Welfare officers and Safety Officers cannot be nominated for other units, but a Manager can be. It is not necessary for the Manager's name to be on the Muster Roll, but it is expected that the Manager attends to the day-to-day functions of the unit. A Consultant who only visits once a week cannot be appointed as a Manager. If the unit is located outside the city, it is assumed that the person cannot oversee day-to-day operations, requiring another person on-site as Manager. However, if you have two units in the same city, the Occupier can nominate the same person as Manager for both units since the law does not prohibit it.
Reviewing the rules in different states, you will find that the Manager is primarily responsible for maintaining registers and providing information to the Inspector. The Act addresses major issues involving the Occupier and sometimes the Manager. There is no prohibition on appointing a person as Manager for more than one unit.
From India, Chennai
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DEAR JAGDISH,
1. Occupier can be the same for both units.
2. The company name can be the same, only one is unit-I, and another is unit-II.
3. ESIC and EPF registration can be one for both companies, with branch addition if the same local office is concerned.
4. Salary Sheet can be maintained separately for both units.
Regarding your question about the Factory Manager and Factory Act return, as per the rules, the establishment location and registration number of the factory are different, so separate returns are required for both factories. The manager can be the same for both factories, but the act states that:
(During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.)
Thanks, I will share more information later.
From India, New Delhi
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1. Occupier can be the same for both units.
2. The company name can be the same, only one is unit-I, and another is unit-II.
3. ESIC and EPF registration can be one for both companies, with branch addition if the same local office is concerned.
4. Salary Sheet can be maintained separately for both units.
Regarding your question about the Factory Manager and Factory Act return, as per the rules, the establishment location and registration number of the factory are different, so separate returns are required for both factories. The manager can be the same for both factories, but the act states that:
(During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.)
Thanks, I will share more information later.
From India, New Delhi
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Dear Rawat,
One person cannot be the manager for two industries at one time. An industry having more than one branch under one license, like yours, should ensure that the factory license is applied to cover both units. This clarification is important.
If both units operate under separate licenses, then one person cannot serve as the manager for both units. The Factory Act prohibits one person from managing two units with distinct identities. While a person can be the occupier for several units, they cannot manage more than one independent unit simultaneously.
Regards,
Ramesh Kumar Panchal
From India, New+Delhi
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One person cannot be the manager for two industries at one time. An industry having more than one branch under one license, like yours, should ensure that the factory license is applied to cover both units. This clarification is important.
If both units operate under separate licenses, then one person cannot serve as the manager for both units. The Factory Act prohibits one person from managing two units with distinct identities. While a person can be the occupier for several units, they cannot manage more than one independent unit simultaneously.
Regards,
Ramesh Kumar Panchal
From India, New+Delhi
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Dear Mr. Rawat, Your Consultant is right. As per Factories Act, one can not be Factory Manager for two units, Occupier can be same, no issues in that. Regards Ravinder Bhardwaj
From India, Delhi
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From India, Delhi
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Does the Factories Act really prohibit? Under what section? I had been going through the Act and Rules of some of the States and could not find any such prohibition. In the absence of any specific prohibition, legally, we cannot say that a manager cannot be nominated for two factories.
If I have missed any such clause, I would request you to correct me.
Thanks
From India, Chennai
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If I have missed any such clause, I would request you to correct me.
Thanks
From India, Chennai
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Hi all,
For your kind information, the Factory License is separate for both the units. According to me, the occupier can be one of many units, but the Factory Manager cannot be one person; it should be multiple members. The differing views on this matter have created confusion.
Please provide a legally correct explanation.
Thanks,
Jagdish Rawat
From India, Delhi
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For your kind information, the Factory License is separate for both the units. According to me, the occupier can be one of many units, but the Factory Manager cannot be one person; it should be multiple members. The differing views on this matter have created confusion.
Please provide a legally correct explanation.
Thanks,
Jagdish Rawat
From India, Delhi
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Dear Mr. Rawat,
As I have been mentioning, the Act does not prohibit the appointment of a Manager for only one factory. In my career, I have nominated the same Manager for different Units. I have reviewed the Act again and the rules of Maharashtra, Tamil Nadu, and Karnataka, and I have not found any clause that prohibits a Manager from being appointed for more than one unit.
From India, Chennai
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As I have been mentioning, the Act does not prohibit the appointment of a Manager for only one factory. In my career, I have nominated the same Manager for different Units. I have reviewed the Act again and the rules of Maharashtra, Tamil Nadu, and Karnataka, and I have not found any clause that prohibits a Manager from being appointed for more than one unit.
From India, Chennai
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The 'Manager' is not defined in the Act. It is defined in the state rules which state, 'the manager means the person responsible to the occupier for the working of the factory for the purpose of the Act.' Usually, the person who is in charge of the day-to-day function of the factory is made the manager. If the factories are in the same place, practically one can be a Manager for many factories. But if one factory is in Gouhati and another is in Kerala, one cannot perform that function, although the Factories Act does not prevent it.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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Occupier has to be a Board of Director who has ultimate control and may have more than one factory under the company. They can be appointed for more than one factory. Since a factory manager is appointed for that factory and is working in the plant to manage the work, they have to be dedicated to that specific factory only.
From India, Pune
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From India, Pune
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