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Avinash Kumar Sharma (Sr. Manager HR)     23 October 2011

Director as factory manager or factory manager as director

Dear Sirs,

Can a Director of a company act as Factory Manager under factories act ? On the other hand can a Factory Manager act as an occupier of a factory.

Regards,

Avinash 



Learning

 6 Replies

Shailesh Kr. Shah (Advocate)     25 October 2011

can you elaborate more?

Avinash Kumar Sharma (Sr. Manager HR)     28 October 2011

Dear Sir,

Actually in our factory one of the Director is made factory manager under as well as occupier under factories act. Is it legal or not? My second question is just a preposition that can a manager act as an occupier under factories act. If yes then what is the procedure?

Regards,

Avinash


SURESH GODBOLE (ADVOCATE)     28 October 2011

Simple answer is YES in both cases

Is it a Pvt Limited or a Propritor Company . Here its just a Board resolution (their family business) .

If Public Limited , then its Genral Body Resolution will effect

There is NO BAR FOR THE TWO ABOVE.

What is your main objection , and why you want to be a hurdle .

One thing you must understand ,

                                     The Company after being registered under Companys Act becomes a Legal entity , ehci can SUE and be Sued.

                                     Thus it can appoint one of its own directors as Manager  and can take the premises on rent from one of its Directors and  allow him to stay in one portion.

                                     What is the problem

                   

1 Like

Shailesh Kr. Shah (Advocate)     28 October 2011

I completely agree with views of Shri Suresh Godbole.

2 Like

(Guest)

Any job can be delegated to a Director of a company by the Managing Director, if has full powers, otherwise by a valid resolution of the Board of Directors.

arulprasath (HR & Legal)     14 November 2014

Dear 

 

Factory act is very clear that factory needs occupier and manager in different two persons, but they can be holding the designations as directors in companies act. 

 

Regards

 

 


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