Limit Of Appointing Person As Factory Occupier

Dear All, Is there any limit for appointing a single person as occupier of factories??

Under Factories Act, there seems to be no provision restricting a person from becoming occupier of different factories. In fact, occupier himself is the principal employer, the person who has the ultimate control over the entire activities of the factory. He can set up any number of factories and become occupier of all these factories. Whether or not MRTP Act has any thing to do with it is to be looked into. Regards, Madhu.T.K

Hay DSV, There is no such limit,rather the person who starts or manages the factory is considerd as ocupier of factory.

NOTICE BY OCCUPIER. - (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing - (a) the name and situation of the factory; (b) the name and address of the occupier; (bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93; (c) the address to which communication relating to the factory may be sent; (d) the nature of the manufacturing process - (i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and (ii) to be carried on in the factory during the next twelve months in the case of all factories; (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant; (f) the name of the manager of the factory for the purposes of this Act; (g) the number of workers likely to be employed in the factory; (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act; (i) such other particulars as may be prescribed. (2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days, from the date of the commencement of this Act. (3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least thirty days before the date of the commencement of work. (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 any 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.

(1)The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to over- come such hazards arising from the exposure to or handling of the materials or sub-stances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. (2)The occupier shall at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and tile local authority and thereafter at such intervals as may be prescribed inform the Chief Inspector and the local authority of any change made in the said policy. (3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal. (4) Every occupier shall, with the approval of the Chief Inspector, draw up an on site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place. (5) Every occupier of a factory shall - If such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987, within a period of thirty days of such commencement: and If such factory engaged in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, Inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. (6)Where any occupier of a factory contravenes the provisions of sub-section (5) the licence issued under section 6 to such factory shall notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act be liable for cancellation. (7)The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside tile factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in tile vicinity.