Dear Sirs, Can we nominate name of the NRI Director as Occupier of the factory for getting Factory Licence under Factory Act, 1947? Kindly give your answer as early as possible. Thanks in advance
From India, Ahmadabad

Dear
According to section 2(n) of the Factories Act, 1948, occupier is one who has ultimate control over the affairs of the factory & in case of a company, any one of the directors shall be deemed to be a occupier. Thus there is no where written that a NRI Director is not eligible to become the occupier of a Factory.
Opinion submitted as requested.
Regards,
R.N.Khola


From India, Delhi

Dear R. N. Khola, Thanks for your opinion. Is it practically correct to appoint NRI Director as occupier of the factory? Plz give your expert comment on the same.
From India, Ahmadabad

Dear
Previously you have not put up this query & therefore I did not find it correct to give my opinion/comment on this issue. As far as possible this should be avoided as the working of our country & their may differ & thus for smooth functioning of the unit we must have occupier from one of the directors of our country. They could not spare time for day today general discussions necessary for the organisation. Difficulty also arises when they are not in a position to come to India for finalization of challans/prosecution cases pending in courts launched by the different Govt. Officers for personal appearance.
I hope this brief will serve your purpose relating to this query.
Regards,
R.N.Khola


From India, Delhi

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