Board Resolution under Factories Act

APPOINTMENT OF MR.AJITH KUMAR, CHIEF OPERATING OFFICER AS THE OCCUPIER UNDER THE FACTORIES ACT, 1948:

The Board decided to appoint Mr.Ajith Kumar, Chief Operating Officer, as the Occupier of the Factory as per the Factories Act, 1948. In this regard, the following resolution was passed unanimously:

“RESOLVED THAT pursuant to Section 2(n) and all other applicable provisions of the Factories Act, 1948, Mr.Ajith Kumar, Chief Operating Officer of the Company be and is hereby appointed as the Occupier for the Factory, “ABC Private Limited,” situated at No. 4, Nehru Road, Chennai – 600 070”.

Dear All, 

Can we appoint a person who is not a Director as an occupier

The provisions for Occupierr in accordance with Factories Act, 1958:-

(n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory [***].

[Provided that—

(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier

(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier:]

Nicely explained by Ms. Charu...

THE RESOLUTION SHALL BE AS UNDER:

“RESOLVED THAT Shri ........................, Director of the Company be and is hereby nominated as Occupier of the Factory situated at .................................................."

"RESOLVED FURTHER THAT Shri................ be and is hereby authorised to sign, seal, execute and deliver all such necessary documents and papers as may be necessary, expedient and desirable to give effect to the above resolution."

Kindly clarify the following:

a. Nomination of authorised officers on behalf of the occupier through board resolution is permitted in a limited company under factories act?

b. Authorised officers on behalf of the occupier or Director of the company through board resolution or POA is permitted in a limited company under factories act?

Can we appoint a Director as an occupier  by way of circular resolution ?

 

What is the time-limit to appoint the Occupier of a factory?What is the consequence of not appointing the Occupier?Can he be appointed with retrospective date?What are the documents to be attached with the prescribed application form for change of Occupier?To whom it is to be addressed?