In a private limited company operating a factory, who is deemed to be the 'occupier' for purposes of the Factories Act 1948?

• A The factory manager appointed for day to day administration
• B The majority shareholder of the company
• C Only the managing director named in the articles
• D Every director of the company ✓

Explanation

Under Section 2(n), the occupier is the person who has ultimate control over the affairs of the factory. In the case of a company, every director is deemed to be an occupier, though the company may nominate one director as resident occupier for compliance purposes. The factory manager holds delegated operational authority but does not have ultimate control, and shareholding alone does not determine occupier status.

Reference: Park's Textbook of Preventive and Social Medicine, 27th ed.

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