Formation of fpc

producer ompany details

1. Concept and Genesis of Farmer Producer Company (FPC) Dr. K. C . Gummagolmath Deputy Director, MANAGE Hyderabad 2/26/2015

2. Importance of agriculture in India Share in GDP: 13 percent Geographical area used for agril activity: 46 percent Employment to workforce: > 50 percent Importance in Rural economy – 75 percent dependence Effectiveness in reducing hunger – two-to-four times Importance in industrial development (sugar, Cotton, Paper industries, etc) International trade eg. tea, sugar, oilseeds, tobacco, spices, etc

3. Indian Agriculture -Present Scenario 3 Diversified agro-climatic condition ,potential to cultivate vast range of agricultural produce, a large and varied raw material base for food processing. Increase in production from 50 million tonnes (1951) to 257 million tonnes (2011-12). Significant increase in marketed surplus.(201 million tonnes, 2011-12). Subsistence to commercial agriculture. First in pulses, tea, vegetables, jute & milk and second in rice, wheat, &fruits. Agriculture is free from control, same is not true with agricultural marketing. WTO regime- Global market access opportunities.

4. Challenges 4 Challenge now is to optimise benefits through effective and efficient marketing of the surplus generated through increased production Aggregation of small and marginal farmers fo r achieving scale in production and marketing Big challenge would be to integrate small holders with the agricultural markets Aggregation of farmers is vital to optimise benefits from transforming agriculture, trade environment and growing economy Realisation of higher income – scientific price discovery Making small holdings viable and growth more inclusive Focus on small holders

5. Land Class 1970-71 1980-81 1990-91 2000-01* 2010-11 Percentage distribution of farm holdings Marginal & Small 69.9 74.5 78.3 81.8 85.0 Semi-medium 15.0 14.0 13.1 11.7 10.0 Medium 11.2 9.1 7.1 5.5 4.2 Large 3.9 2.4 1.6 1.0 0.7 Total 100 100 100 100 100

6. Growing Demand for High Value Commodities Food Items Unit Rural Urban 1999-00 2009-10 Change (%) 1999-00 2009-10 Change (%) Cereals Grams 424 378 -10.77 347 312 -10.04 Pulses Grams 28 23 -18.21 33 27 -18.70 Vegetables Grams 180 235 30.84 198 239 20.64 Fruits Grams 28 48 72.80 53 81 53.25 Milk ml 127 138 8.56 176 182 3.38 Edible oil Grams 17 21 27.20 24 27 12.05 Sugar Grams 28 23 -16.19 33 27 -17.07 Egg Fish Meat Grams 14 20 39.39 19 24 24.65 Others Grams 55 80 45.93 104 120 14.59 CHANGE IN FOOD CONSUMPTION IN RURAL AND URBAN AREAS OF INDIA, 1999-2000 AND 2009-2010 (Per capita)

7. Changes in the Composition of Agril Sector Items TE 1992-93 TE 2005-06 Change Cereals 27.20 20.19 -7.01 Pulses 4.60 3.06 -1.54 Oilseeds 8.50 6.68 -1.82 Fibres 3.30 2.61 -0.69 Drugs and Narcotics 1.40 1.79 0.39 Condiments and Spices 2.20 2.24 0.04 Fruits and Vegetables 13.50 16.64 3.14 Dairy 15.40 16.90 1.50 Meat 1.80 4.24 2.44 Fisheries 3.00 4.75 1.75 Crops 74.30 66.64 -7.66 Livestock 22.70 24.91 2.21

8. ALC India 10 Need& Rationale for FPC

9. ALC India 11 Need& Rationale for FPC Examples: Input dealership, Bulk purchase, Collective selling etc

10. What is Producer Company It is a legal institution, registered under Company Amendment Act 2002 (1 of 2003) or also called Producer Company Act 2002. The new type is termed as ‘Producer Company’, to indicate that only certain categories of persons can participate in the ownership of such companies. Persons engaged in an activity connected with, or related to, primary produce What is primary produce? It includes agriculture including animal husbandry, horticulture, floriculture, pisciculture , viticulture, forestry, forest products, revegetation , bee raising and farming plantation products: produce of persons engaged in handloom, handicraft and other cottage industries: by - products of such products; and products arising out of ancillary industries.

11. Activities performed by FPOs Production, harvesting, processing, procurement, grading, pooling, handling, marketing, Selling, export of primary produce of the Members or import of goods or services for their benefit : Rendering technical services, consultancy services, training, education, research and development and all other activities for the promotion of the interests of its Members; Generation, transmission and distribution of power, revitalization of land and water resources, their use, conservation and communications related to primary produce; Promoting mutual assistance, welfare measures, financial services, insurance of producers or their primary produce;

12. Why producer company? After realizing the needs of the farmers, given the challenges of world market and uncompetitiveness of existing Cooperative Acts and institutions, Government of India setup a committee under the Chairmanship of a noted economist, Y. K. Alagh in 1998. The objectives of the committee were: To frame a legislation that would enable incorporation of cooperatives as companies and conversion of existing cooperatives into companies and To ensure that the proposed legislation accommodated the unique elements of cooperative business with a regulatory framework similar to that of companies. In the Companies (Amendment) Act 2002, (1 of 2003), a separate category, came into force and producer companies,’ found a place in the Act. For this, a new Part IXA, divided into 12 chapters, has been included in the Companies Act, 1956, comprising 46 sections, interestingly numbered as 581A to 581Z and 581ZA to 581ZT.

13. Rationale for formation of Producer Company A PC is formed with the equity contribution by the farmer (primary producers) members (share capital). The day to day operation is expected to be managed by the professionals, hired from outside, under the direction of the Board of Directors ( BoD ) elected/ selected by the General body of the PC for a specific tenure. Since farmers or the producers are the equity holders of the company, a PC as an organisation provides an appropriate framework for owning the company by the producers themselves. The basic purpose of the PC is to collectivise small farmers or producers for Backward linkage for inputs like seeds, fertilisers , credit, insurance, knowledge and extension services and Forward linkages such as collective marketing, processing, market led agriculture production etc. to gain collective bargaining power for small farmers/ producers.

14. KEY CHARACTERISTICS OF PRODUCER COMPANIES Share capital is held only by ‘primary producers’ or ‘Producer Institution’, and member’s equity cannot be traded. The clauses of Private Limited Company shall be applicable to the producer companies The liabilities of the PC is limited to the value of the share capital it has issued. Similarly the member’s liability is limited to the value of share capital held by them. The minimum authorized capital at the time of incorporation of PC should be Rs.5 lakh. Such companies are authorized to raise the share capital by its members through MOU or MOA at the time of inception There cannot be any government or private equity stake in the producer companies, which implies that PC cannot become a public or deemed public limited company Entire country is a area operation for producer companies

15. KEY CHARACTERISTICS OF PRODUCER COMPANIES Minimum number of producers required to form a PC is 10, while there is no limit for maximum number of members and it can be increased as per feasibility and need. It is found that for agriculture based PC 800-1000 farmers with about 1000-1500 acre of agriculture land is a good size for initial years to make it economically viable and increasing up to 2000 as the company grows. Already strengthened CBOs like SHG federation and Cooperative societies can also initiate the process of transforming them into PC. Any Government organization or department can also promote Producer Companies. An NGO working with the primary producers group and willing to introduce the concept of ‘Producer Companies’

16. PREPARATION FOR THE FORMATION OF PC Before setting off to establish PC the Initiator must be clear with the objective and the potential of the business. A cluster of 12-15 villages at least should be targeted. About 800-1000 producers are a good size to form agriculture based PC Normally selection of the area and the members is done on the basis of the commonalities like produce, farmers’ need and common problems they are facing in terms of production and marketing. conducting a series of meetings with the potential producers, developing rapport with them and introducing the concept of PC. an exposure visit to successful producer companies may be organized to further strengthen the understanding of the identified group of producers.

17. PREPARATION FOR THE FORMATION OF PC When the PC is incorporated the formal training would be required to the members in the areas of Understanding the PC rules and regulations, Statutory requirements to the RoC , Business plan of the PC, Government schemes, Leadership, Basic accounting and record keeping and several such aspects as the need is felt.

18. PREPARATION FOR THE FORMATION OF PC Normally the share value is kept at Rs.10 per share. The share capital contribution per member depends upon the economic condition of the producer The eligible community members are required to apply through a membership application form (specified in the Act.) to the BoD . Develop the draft ‘Memorandum and Articles of Association’ specifying the roles and responsibilities of each of the office bearers of PC. the first formal meeting of the shareholders should be organized. The basic agenda of this meeting is to get the approval on the Memorandum and Articles of Association as well as select/elect the Board of Directors of the company Registration of company may be taken up by the promoter/initiator

19. REGISTRATION OF PC Step 1: Digital Signature Certificate (DSC) The Information Technology Act, 2000 has the provision of use of Digital Signatures on the documents in order to ensure the security and authenticity of the documents filed electronically. It is now mandatory to have Digital Signature of minimum one Director or Chairman prior to enter the formal registration process. Step 2: Director Identification Number (DIN) The DIN number can be obtained online only from the company affairs cell at Noida, UP without any fees by providing identification proof number (Only PAN Card, Voter Identity card, passport or driving license number is accepted). The prescribed form is available in the website of Ministry of Corporate Affairs and the application can be done online. Step 3: Naming of a Producer Company A Producer Company should be named using the following suffix “…..Producer Company Limited” appropriately indicating its status of producer company. The word “private” is not used in the name and the absence of which does not indicate that the company is a “public”.

20. 2/26/2015 Step 4: Memorandum & Articles of Association After ascertaining the name of the producer company, a memorandum and articles of association have to be prepared. Memorandum and Articles of Association should be printed (preferably a computer print out - printed on both side of the paper). Get the Memorandum and Articles of Association duly stamped, the Memorandum and Articles of Association subscribed/signed by the requisite number of subscribers/ promoters, in his/her own hand, his/her father’s name, occupation, address and the number of shares subscribed for. Ensure that the Memorandum and Article is dated on a date after the date of stamping . Step 5: Documents to be submitted to the RoC for the Incorporation of Producer Company File the following documents along with the fees payable with the Registrar of Companies of the state, where the Registered Office of the company is to be situated: Copy of the letter of Registrar of Companies confirming the availability of name for formation of the company should be made; Memorandum and Articles of Association duly stamped and signed; Form 18 regarding situation (full address) of Registered Office Form 32 (in duplicate) regarding particulars of directors Form 1 (on a stamp paper) declaring compliance of all and incidental matters regarding formation of companies15 Form 29 – consent of the director

21. 2/26/2015 Step 6: Certificate of Incorporation The Registrar of the Companies, on being satisfied that all the documents of a company and issue a ‘certificate of incorporation’ within thirty days, which is a proof of its formation in terms of Part IX A. [Section 581C (2)]. The incorporation of Producer Company is effective from the date mentioned in the certificate of registration granted by the Registrar of Company. On incorporation, a company becomes a juristic person, i.e. a person in the eyes of law. i.e . its members may come and go but the company goes on. It has a common seal, which is affixed on all the documents executed on behalf of the company in the presence of a director and be signed by the authorized signatory or signatories. It is empowered to hold all properties in its own name and has its own right. It can sue others and can be sued by other and enter into contracts in its own name. Step 7: Tasks to be completed immediately after incorporation of the PC Open a Bank Account with minimum two officially nominated signatories in the name of the Company. Procure PAN number from the Income Tax and TIN number from the Commercial Tax Department to carry out business. Also , the company have to register itself for Service Tax from Commercial Tax Department and VAT from Excise department. Apply for the commercial connection of Power supply to related agency/board for the office of the PC.

22. Policy thrust on promotion of FPOs by Government 2/26/2015 97 th Amendment of Constitution of India recognized that it is the fundamental right of the citizens of India to associate and form cooperatives (member based organisations like FPOs). 12th five year plan is targeting 10 million small and marginal farmers under the umbrella of FPOs. It envisages for FPO formation with decentralisation thrust of RKVY and bringing scale through FPOs. All major centrally sponsored schemes of DAC have incorporated special provisions for promotion and development of FPOs during the XII Plan National Advisory Council (NAC) recommended creation of Farmers Companies with the support of the government in existing CSS such as RKVY, NFSM, IWMP, NRLM etc. NAC also recommended that the FPCs should be included as a recognised category under APMC Act and be allowed to market the members’ produce directly to buyers of their choice, through all platforms.

23. 2/26/2015 Department of Agriculture and Cooperation, GoI, issued Detailed Policy & Process Guidelines for promotion of Farmer Producer Organizations (FPOs) in April 2013. The Union Budget for 2013-14 carried two major initiatives for FPOs: Matching equity grant upto Rs.10 lakhs to boost borrowing capacity of FPOs Setting up of a Credit Guarantee Fund in SFAC with a corpus of Rs. 100 crores to cover loans by financial institutions to FPOs. RBI gave directive for loans upto Rs. 5 crores to Producer Companies under priority sector lending. The National Policy for Farmers 2007 (Department of Agriculture and Cooperation, Ministry of Agriculture, GoI) envisaged Farmers’ organisations so that farmers can get a fair deal and enjoy the economies of scale. There is policy thrust to include FPOs in the service scope of different agencies like National Cooperative Development Corporation (NCDC), NAFED, FCI, Department of Marketing, NABARD, APMCs, state financial corporations, cooperative banks, FPOs as implementing agencies for various programmes like RKVY, NFSM, ATMA, IWMP etc

24. 2/26/2015 Small Farmers’ Agribusiness Consortium (SFAC) has been nominated as a central procurement agency to undertake price support operations under Minimum Support Price (MSP) for pulses and oilseeds. SFAC will operate only through FPOs at the farm gate. On September 28, 2013, Secretary, Ministry of Agriculture, GoI wrote letter (D.O.No.23011/12/2013-GC) to all State Governments requesting support to FPOs under different programmes NABARD also very proactively initiated support for promotion of FPOs on large scale in the country. Department of Agriculture and Cooperation, GoI, observed the calendar year of 2014 as the Year of Farmer Producer Organizations (FPOs) In July’14, SFAC and NABARD entered an agreement to promote FPOs on large scale in the country

25. Thank you 2/26/2015