Hi, Kindly let me know, Can Occupier and a Manager under FA be same? Rgds Mahesh
From India, Mangaluru
1From India, Mangaluru
No. An occupier is different from manager. An occupier is one who has ultimate control over the affairs of the factory as defined by sec.2(n) of the Factories Act and he controls all administtrative, finacial and manufacturing decisions relating to a factory and thus in case of parnership firm, any one of the partners may be occupier or in the case of a Company a manging director or any of the directors can be occupier. An occupier is accountable for overall functioning of the factory.
A manager is not responsibel for over all control of the factory and as per Sec.64, is an officer of the factory, holding aposition of supervision and control and position of confidentiality and has limited power to take decisions relating to daily and rutine functions of the factory.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
A manager is not responsibel for over all control of the factory and as per Sec.64, is an officer of the factory, holding aposition of supervision and control and position of confidentiality and has limited power to take decisions relating to daily and rutine functions of the factory.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Dear Mahesh,
Relevant section 7(4) & 7(5) of Factories Act, 1948 may be read as under for your query.
Section 7(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.
(5) During a 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.
This shows that if no person is appointed as manager by the occupier then the occupier himself shall be deemed to be the manager of the factory for the purposes of this Act.
R.N.KHOLA
Welcome Skylark Associates
From India, Delhi
Relevant section 7(4) & 7(5) of Factories Act, 1948 may be read as under for your query.
Section 7(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.
(5) During a 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.
This shows that if no person is appointed as manager by the occupier then the occupier himself shall be deemed to be the manager of the factory for the purposes of this Act.
R.N.KHOLA
Welcome Skylark Associates
From India, Delhi
Dear Mahesh, As already stated, the Factories Act envisages a Factory Manager as a nominee of the "Occupier" entrusted with the task of facilitating due compliance of the Act. He has been assigned specific responsibilities under the Act. For getting Factory License, the occupier has to name the Factory Manager. In case the named Factory Manager is not in employment, it is in the interest of the Occupier to nominate the successor and inform the Factory Inspector. In case he fails to do so, the entire responsibility of the Factory Manager too would fall on his shoulders.
Regards
KK
From India, Bhopal
Regards
KK
From India, Bhopal
A factory manager or owner can be a occupier of the factory.
if the factory does not have any factory manager then the owner can be a
occupier and factory manager for the sake of factory license .
In case of any incidences happening in the factory like accidental death etc
the factory director will lodge the case against the occupier as well as the factory
manager .
Regards
Rajeev Dixit
From India, Bangalore
if the factory does not have any factory manager then the owner can be a
occupier and factory manager for the sake of factory license .
In case of any incidences happening in the factory like accidental death etc
the factory director will lodge the case against the occupier as well as the factory
manager .
Regards
Rajeev Dixit
From India, Bangalore
Simply saying, Occupier can entrusted with Manager Role but Manager cannot be considered AS Occupier. P PALANIVELAN
From India, Delhi
From India, Delhi
According to Factories Act 1948, the occupier is a person who has ultimate control over the affairs of the factory. The landmark case in this regard is JK Industries Ltd and others v. Chief Inspector of Factories and Boilers and others (Supreme Court, 1996), where in the Supreme Court The court went on to say that the word “ultimate” in common parlance means last or final. Therefore, where a company owns or runs a factory, it is the company that has ultimate control over the affairs of the factory and would therefore be the occupier. Essentially, the law as declared by the Supreme Court was that a company cannot nominate any one of its employees or officers, except a director of the company, to whom the effective control can be vested, as the occupier of the factory.
There is a vast difference between a person having ultimate control of the affairs of a factory and one who has immediate or day-to-day control over the affairs of the factory. The manager or any other employee, of whatever status, can be nominated by the board of directors of the owner company to have immediate or day-to-day or even supervisory control over the affairs of the factory.
Therefore, a company can nominate a person as a Manager to carry on the day to day affairs of the factory to assume responsibility for the liabilities if any arising, but the fact that the director designated as the occupier is ignorant about the management of the factory which has been entrusted to a manager or some other employee and is himself not responsible for the contravention does not absolve him of occupier's primary liability. The manager, at best, can also be jointly held liable (section 92).
Rajusiachen
From India, Coimbatore
There is a vast difference between a person having ultimate control of the affairs of a factory and one who has immediate or day-to-day control over the affairs of the factory. The manager or any other employee, of whatever status, can be nominated by the board of directors of the owner company to have immediate or day-to-day or even supervisory control over the affairs of the factory.
Therefore, a company can nominate a person as a Manager to carry on the day to day affairs of the factory to assume responsibility for the liabilities if any arising, but the fact that the director designated as the occupier is ignorant about the management of the factory which has been entrusted to a manager or some other employee and is himself not responsible for the contravention does not absolve him of occupier's primary liability. The manager, at best, can also be jointly held liable (section 92).
Rajusiachen
From India, Coimbatore
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