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Director ONLY can be an Occupier

J. K. Industries Ltd. v. Chief Inspector of Factories (1996) : In case of a factory owned by a company, the company is its owner and the ultimate power of controlling the affairs of the factory vests with the company but, since it cannot act on its own, any of the directors, being its agents, shall be the occupier of the factory. Any other employee cannot be nominated as the occupier of the factory as he does not have ultimate control and his decision is likely to be influenced by the directors.

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M.K. Ghosh & Co. a 50-year old legal service firm and a leading provider of Legal Research, Regulatory Compliance and Legal Audit services in India with great combinations of legal expertise, highly skilled law professionals, superior innovative quality and serving the leading Corporates, Public Sector Undertakings including Maharatna, Navaratna and Miniratna Companies as well as small and medium-sized industries.