Producer Companies Rules, 2021

Last updated: 12 February 2021

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The Ministry of Corporate Affairs has issued the Producer Companies Rules, 2021, effective from their publication date. These rules apply to Producer Companies as defined in the Companies Act, 2013. They outline procedures for changing a registered office to another state, utilising existing rules from the Companies (Incorporation) Rules, 2014. Additionally, the rules specify the approved avenues for Producer Companies to invest their general reserves, including government securities, scheduled banks, and co-operative institutions.

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 11th February, 2021

G.S.R. 112(E). - In exercise of the powers conferred by sub-section (4) of section 378H and sub-section (1) of section 378ZL read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), and in supersession of the Producer Companies (General Reserve) Rules, 2003, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:—

1. Short title and commencement.- (1) These rules may be called the Producer Companies Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Applicability.- These rules shall apply to a Producer Company as referred in clause (I) of section
378A.

3. Definitions-(1) In these rules, unless the context otherwise requires,‑

(a) “Act” means the Companies Act, 2013 (18 of 2013);

(b) “section” means the section of the Act;

(c) “co-operative society” means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State.

(2) Words and expressions used in these rules but not defined and defined in the Act or in the
Companies (Specification of Definitions Details) Rules, 2014, shall have the same meanings respectively assigned to them in the Act or in the said rules.

4. Change of place of registered office from one State to another.- The rules 27, 30 and 31 of the Companies (Incorporation) Rules, 2014, including the forms stated therein shall be applied for the purpose of change of place of registered office of a Producer Company from one State to another.

5. Investment of general reserves- A Producer Company shall make investments from and out of its general reserves i n any one or in combination of the following, namely:-‑

(a) in approved securities, fixed deposits, units and bonds issued by the Central Government or State Governments or co-operative societies or scheduled bank; or

(b) in a co-operative bank, State co-operative bank, co-operative land development bank or Central co-operative bank; or

(d) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (02 of 1882); or

(e) in the shares or securities of any other inter-State co-operative society or any co-operative society; or

(f) in the shares, securities or assets of public financial institutions specified under clause (72) of section 2 of the Act.

[F. No. 5 /1 /2020-CL.I]

K.V. R. MURTY, Jt. Secy.

FAQ :

The Producer Companies Rules, 2021 come into force on the date of their publication in the Official Gazette.

These rules apply to Producer Companies as referred to in clause (I) of section 378A of the Companies Act, 2013.

A Producer Company can change its registered office from one state to another by applying the procedures and forms outlined in rules 27, 30, and 31 of the Companies (Incorporation) Rules, 2014.

Producer Companies can invest general reserves in approved securities, fixed deposits, units, and bonds from government or co-operative societies or scheduled banks, or with co-operative banks, other scheduled banks, or specified public financial institutions and inter-State co-operative societies.

No, the Producer Companies Rules, 2021 supersede the Producer Companies (General Reserve) Rules, 2003, except for things done or omitted before this supersession.