Section 378W — Chief Executive and his functions
(1) Every Producer Company shall have a full time Chief
Executive, by whatever name called, to be appointed by the Board from amongst per sons 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 respec t 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
Related sections
- Section 366 — Companies capable of being registered
- Section 367 — Certificate of registration of existing companies
- Section 368 — Vesting of property on registration
- Section 369 — Saving of existing liabilities
- Section 370 — Continuation of pending legal proceedings
- Section 371 — Effect of registration under this Part
- Section 372 — Power of Court t o stay or restrain proceedings
- Section 373 — Suits stayed on winding up order
- Section 374 — Obligations of companies r egistering under this Part
- Section 375 — Winding up of unregistered companies
- Section 376 — Power to wind up foreign companies, although dissolved
- Section 377 — Provisions of Chapter cumulative
- Section 378 — Saving and construction of enactments conferring power to wind up partnership firm,
- Section 378A — Definitions
- Section 378B — Objects of Producer Company
- Section 378C — Formation of Producer Company and its registration
- Section 378D — Membership and voting rights of Members of Producer Company
- Section 378E — Benefits to Members
- Section 378F — Memorandum of Producer Company
- Section 378G — Articles of association
- Section 378H — Amendment of memorandum
- Section 378J — Option to inter -State co -operative societies to become Producer Companies
- Section 378K — Effect of incorporation of Producer Company
- Section 378L — Vesting of undertaking in Producer Com pany
- Section 378M — Concession etc., to be deemed to have been granted to Producer Company
- Section 378N — Provisions in respect of officers and other employees of inter-State co-operative society
- Section 378P — Appointment of directors
- Section 378Q — Vacation of office by directors
- Section 378R — Powers and functions of Board
- Section 378S — Matters to be transacted at general meeting
- Section 378T — Liability of directors
- Section 378U — Committee of directors
- Section 378X — Secretary of Producer Company
- Section 378Y — Quorum
- Section 378Z — Voting rights