Dear Experts,
Please give your interpretation "who is an Occupier as per the Factories Act,1947.
Is he compulsory a board of director ? if any one of the employee nominated as 'Occupier' of the Factory ?
Urgently require your valuable reply. If an case laws on this please also supply.
Regards,
PBS KUMAR
From India, Kakinada
590Please give your interpretation "who is an Occupier as per the Factories Act,1947.
Is he compulsory a board of director ? if any one of the employee nominated as 'Occupier' of the Factory ?
Urgently require your valuable reply. If an case laws on this please also supply.
Regards,
PBS KUMAR
From India, Kakinada
An employee who has all teh rights in the factory
1. Authority to sign any thing
2. Authority to modify or damage any part of the building
3. Authority to sign cheques
4. An nominated power of atony for the entire company
5. Authority to take as nominee in front of legal affairs
then he can be a occupyer, other wise the Director should only be an occupyier
From India, Madras
1. Authority to sign any thing
2. Authority to modify or damage any part of the building
3. Authority to sign cheques
4. An nominated power of atony for the entire company
5. Authority to take as nominee in front of legal affairs
then he can be a occupyer, other wise the Director should only be an occupyier
From India, Madras
Subject - Re: Who is an occupier as per the factories act,1947
An employee who is having Managerial and/or supervisory power in the management/in the factory like to appoint and terminate the service of any person (worker, official of the factory, sanction of leave, gate pass), become the occupeir of the factory. The Board of Director has to declare that person as occupier under the provisions of Factories Act, 1948. Otherwise, any of the Director should be an occupyier under the provisions of Factories Act, 1948.
From India, Gurgaon
An employee who is having Managerial and/or supervisory power in the management/in the factory like to appoint and terminate the service of any person (worker, official of the factory, sanction of leave, gate pass), become the occupeir of the factory. The Board of Director has to declare that person as occupier under the provisions of Factories Act, 1948. Otherwise, any of the Director should be an occupyier under the provisions of Factories Act, 1948.
From India, Gurgaon
Dear Mr. Naga & Mr. Mukesh ji, Thank you for your interpretation on "OCCUPIER" under Factories Act, 1947. But I got some information on this which is attached please go through. Regards, PBS KUMAR
From India, Kakinada
From India, Kakinada
Dear Kumar in my opinion what i have cleared is almost the same in your attached file to take into simple terms to understand what i meant to say would be clear to you as per my interpretation
From India, Madras
From India, Madras
Dear Mr. Kumar I have gone thru the attaching file, I think it is quite clear what i want to state in respect of interperation of occupier
From India, Gurgaon
From India, Gurgaon
Dear All
Really great discussion... I have gone through the attached file also...
This documenr saying both with conditions:
An employee can be an Occupier & in case of a compnay the occupier must be a director or any of the board of directors...
"It was held that where the company owns or runs a factory, it is the company which is in the ultimate control of the affairs of the factory through its directors. Even where the resolution of the board says that an officer or employee other than one of t he directors shall have ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company to one of its employees or officers, except whe re there is a complete transfer of the control of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory. This
interpretation of an `occupier' would apply to all provisions of the Act wherever the expression `occupier' is used, and not merely for the purposes of Sec. 7 or Sec. 7A of the Act."
Can anyone bring up examples of organizations where employees are deputed as Occupier?
From India
Really great discussion... I have gone through the attached file also...
This documenr saying both with conditions:
An employee can be an Occupier & in case of a compnay the occupier must be a director or any of the board of directors...
"It was held that where the company owns or runs a factory, it is the company which is in the ultimate control of the affairs of the factory through its directors. Even where the resolution of the board says that an officer or employee other than one of t he directors shall have ultimate control over the affairs of the factory, it would only be a camouflage or an artful circumvention because the ultimate control cannot be transferred from that of the company to one of its employees or officers, except whe re there is a complete transfer of the control of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory. This
interpretation of an `occupier' would apply to all provisions of the Act wherever the expression `occupier' is used, and not merely for the purposes of Sec. 7 or Sec. 7A of the Act."
Can anyone bring up examples of organizations where employees are deputed as Occupier?
From India
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Notice by occupier.doc