Dear All,
Can anybody come up with the latest Supreme Court case law under the factories act w.r.t Occupier. I have a situation on hand:
My company is into project and we are getting our factory registered. We want to appoint our Head of the unit (employee of the company) as the occupier whereas the act states that the director can be the occupier only.
Can some body come up with the latest case laws as to can a employee be appointed as an occupier of the factory. If yes under which case law. One case is there of 1982 but would like to have a latest one to refer to.
Regards,
Anand
From United States
2Can anybody come up with the latest Supreme Court case law under the factories act w.r.t Occupier. I have a situation on hand:
My company is into project and we are getting our factory registered. We want to appoint our Head of the unit (employee of the company) as the occupier whereas the act states that the director can be the occupier only.
Can some body come up with the latest case laws as to can a employee be appointed as an occupier of the factory. If yes under which case law. One case is there of 1982 but would like to have a latest one to refer to.
Regards,
Anand
From United States
Dear all,
Addendum to the above question, can anybody tell me "Whether non-resident Director of a company staying outside India and who is a foreign national can be the Occupier of a factory in India".
It would be great if it can be substantiated with relevant documents.
Regards
Subrata
Addendum to the above question, can anybody tell me "Whether non-resident Director of a company staying outside India and who is a foreign national can be the Occupier of a factory in India".
It would be great if it can be substantiated with relevant documents.
Regards
Subrata
dear subrata
in my view one of the director of the company should be occupier.a director not staying in india should not be occupier of the factory.suppose there is major accident in factory and occupier is staying abroad than how to arrest the occupier for any irregularity.let others should give their suggestion.
tks
js malik
From India, Delhi
in my view one of the director of the company should be occupier.a director not staying in india should not be occupier of the factory.suppose there is major accident in factory and occupier is staying abroad than how to arrest the occupier for any irregularity.let others should give their suggestion.
tks
js malik
From India, Delhi
Dear All,
As per my understanding, for a PVT company, there should be two directors and for a pbulic company, there should be three directors, however there is nor rule that there should be a resident director. In case there is no resident director, the directors can appoint another employee who will be responsible for the compliance and in cases of emergency.
A director can be of three types
1. Alternate Director: In case a director is out of India for a certain peeriod of time, the directors can appoint another person as an alternate director who will be incarge of the company or the operations. In this case the shareholders approval is not required.
2. Additional director: In this case, provided there is a requirement the board of directors through an AGM can appoint an additional director post the share holders approval.
3. Director: A director can be appointed through an AGM post the approval of the share holders.
In cases 2&3, Form 32 has to be submitted to ROC informing the inclusions within a month.
In all the three cases, The appointee can be an employee of the company, holding another office such as a Manager, AVP, VP, AGM, GM, etc, provided he/she is not a minor. The appointee can also be an outsider, who is not relevant to the company, provided they are not insolvent.
Thanks and Regards
Siva
From India, Mumbai
As per my understanding, for a PVT company, there should be two directors and for a pbulic company, there should be three directors, however there is nor rule that there should be a resident director. In case there is no resident director, the directors can appoint another employee who will be responsible for the compliance and in cases of emergency.
A director can be of three types
1. Alternate Director: In case a director is out of India for a certain peeriod of time, the directors can appoint another person as an alternate director who will be incarge of the company or the operations. In this case the shareholders approval is not required.
2. Additional director: In this case, provided there is a requirement the board of directors through an AGM can appoint an additional director post the share holders approval.
3. Director: A director can be appointed through an AGM post the approval of the share holders.
In cases 2&3, Form 32 has to be submitted to ROC informing the inclusions within a month.
In all the three cases, The appointee can be an employee of the company, holding another office such as a Manager, AVP, VP, AGM, GM, etc, provided he/she is not a minor. The appointee can also be an outsider, who is not relevant to the company, provided they are not insolvent.
Thanks and Regards
Siva
From India, Mumbai
Dear All,
Under the Factories Act, only director can be the occupier who has ultimate control over the affairs of the Factory and no one else can be appointed as an occupier even though the Board passes a resolution to that effect (in the case of Company only).
In the particular query where the foreign Director can be appointed as an occupier has been raised, the reply to the said query depends on whether that particular Director has the ultimate control over the affairs of the Factory and if yes, he can be nominated by the Board as an Occupier.
Regards,
From India, Faridabad
Under the Factories Act, only director can be the occupier who has ultimate control over the affairs of the Factory and no one else can be appointed as an occupier even though the Board passes a resolution to that effect (in the case of Company only).
In the particular query where the foreign Director can be appointed as an occupier has been raised, the reply to the said query depends on whether that particular Director has the ultimate control over the affairs of the Factory and if yes, he can be nominated by the Board as an Occupier.
Regards,
From India, Faridabad
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf