Cos 378W — Chief Executive and his functions

Companies Act, 2013

Statutory text

(1) Every Producer Company shall have a full time Chief Executive,  by whatever  name  called,  to  be  appointed  by  the  Board  from  amongst  persons  other  than Members.
(2) The Chief Executive shall be ex officio director of the Board and such director shall not retire by rotation.
(3) Save as otherwise provided in articles, the qualifications, experience and the terms and conditions of service of the Chief Executive shall be such as may be determined by the Board.
(4) The Chief Executive shall be entrusted with substantial powers of management as the Board may determine.
(5) Without prejudice to the generality of sub-section (4), the Chief Executive may exercise the powers and discharge the functions, namely:—
(a)  do  administrative  acts  of  a  routine  nature  including  managing  the day-to-day  affairs  of  the
Producer Company;
(b) operate bank accounts or authorise any person, subject to the general or special approval of the
Board in this behalf, to operate the bank account;
(c) make arrangements for safe custody of cash and other assets of the Producer Company;
(d) sign such documents as may be authorised by the Board, for and on behalf of the company;
(e) maintain proper books of account; prepare annual accounts and audit thereof; place the audited accounts before the Board and in the annual general meeting of the Members;
(f) furnish Members with periodic information to apprise them of the operation and functions of the Producer Company;
(g) make appointments to posts in accordance with the powers delegated to him by the Board;
(h) assist the Board in the formulation of goals, objectives, strategies, plans and policies;

(i)  advise  the  Board  with  respect  to  legal  and  regulatory  matters  concerning the  proposed  and ongoing activities and take necessary action in respect thereof;
(j) exercise the powers as may be necessary in the ordinary course of business;
(k)  discharge  such  other  functions,  and  exercise such  other  powers,  as may  be  delegated  by  the Board.
(6)  The  Chief  Executive  shall  manage  the  affairs  of  the  Producer  Company  under the  general superintendence, direction and control of the Board and be accountable for the performance of the Producer Company.

Back to Cos