Board Resolution - Appointment of Occupier under Factories Act

In accordance with clause (n) of section 2 of the Factories Act, 1948, the “occupier” of a factory means the person who has ultimate control over the affairs of the factory.

In the case of:

1) a firm or other association of individuals, any one of the individual partners or members thereof — deemed to be the occupier;

2) a company, any one of the directors — deemed to be the occupier;

3) a factory owned or controlled by the Central Govt or any State Govt, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Govt, the State Govt or the local authority, as the case may be, — deemed to be the occupier.

Format of Board Resolution for Appointment of "Occupier" under Factories Act 1948:

❝RESOLVED THAT (Name of the Person), (Designation), be and is hereby nominated as the Occupier of the factory of the company situated at .......(address)........, in pursuance with the Section 2(n) of the Factories Act, 1948.

RESOLVED FURTHER THAT as an occupier of the said factory, (Name of the Person), (Designation), be and is hereby entrusted with following powers and authorities:

• to manage the day to day affairs of the factory including the functions of treasurer;
• all powers and ultimate control over all the affairs of the factory.

RESOLVED FURTHER THAT a certified true copy of the foregoing resolutions duly signed by (Name of the Director / CS), (Designation) be forwarded to the Chief Inspector of Factories, ............. for information and records.

RESOLVED FURTHER THAT (Name of the Officer), (Designation) be and is hereby authorized to execute all required documents and to do all such acts, deeds and things as may be necessary in relation to completion of all formalities for the purpose of giving effect to the foregoing resolutions.❞

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Relevant Resolution:

Board Resolution for Appointment of Manager under Factories Act

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NOTE: The resolution sample(s) here is only for reference, to help you with drafting. Do refer the exact provisions of the Factories Act and Companies Act, relevant rules framed thereunder and any other applicable laws to be able to not to miss out anything important while drafting.