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Investment of surplus funds, procedures of investments, banking transactions, responsibilities of Board of Directors, etc.-Recommendations of the Joint Parliamentary Committee.

CHAPTER III

FINANCIAL POLICIES

9. DPE/Guidelines/III/9

Investment of surplus funds, procedures of investments, banking transactions, responsibilities of

Board of Directors, etc.—Recommendations of the Joint Parliamentary Committee.

The undersigned is directed to say that the Joint Parliamentary Committee (JPC) in their report on "irregularities

in securities and banking transactions" have made a number of recommendations covering the areas mentioned

above. These recommendations have been considered by the Government. The decisions of the Government on

these recommendations are given below for information and necessary action by the respective administrative

Ministries and the public sector enterprises.

i. It was noted by the Committee that while the Government permitted PSUs to have banking transactions

with foreign banks, it was not monitored properly. The Government have decided that the

administrative Ministries dealing with particular PSU should monitor adherence to all guidelines

issued by the Government. The PSUs should report to the administrative Ministry in case of inability

to comply with particular guidelines and the Ministry will consider condonation or enforcement by

issue of a Presidential directive. In this connection, attention is also invited to the Department of

Public Enterprises OM No. 6/6/88-Coord. dated 8.4.91 wherein it is indicated that the Boards of

Directors of the PSUs will have the discretion not to adopt these guidelines for reasons to be

recorded in writing. 'The Board Resolution on the subject given the reasons therein should be

forwarded both to the administrative Ministries as well as to the DPE. The valid reasons should be

fully rendered in speaking orders/ resolutions.

ii. On an observation of the Committee about the policies and procedures followed by the public sector

undertakings in respect of the investments of their surplus funds, the Government have taken note

of the fact that the policies and procedures followed by the PSUs in many cases were not in

conformity with the guidelines and did not satisfy acceptable norms. The administrative Ministries are

requested to take appropriate action to demarcate the responsibilities of the Government in its

different Ministries/Departments and their nominee Directors as well as the Board of the Public

Sector Undertakings, the whole time Directors and its top managers. By effective performance of

their respective functions, these agencies should ensure laying down the correct policies and

procedures and monitor their faithful implementation.

iii. The Committee have raised the question of the duty and responsibility for ensuring, implementation of

guidelines. It is the primary responsibility of the PSU itself to abide by Governmental guidelines.

Government recognizes that the prime duties of a Government nominee on the Board of Directors of

a PSU are to safeguard the interest of the shareholders, contribute to the efficient functioning of the

http://dpe.nic.in/important_links/dpe_guidelines/financial_policies/glch039

PSUs and report back the same regularly to the Government. The Department of Public Enterprises

and the Cabinet Sectt. had earlier issued instructions in this regard. DPE OM No. 18/1/84-GM dated

19th September, 1984 and Cabinet Sectt. D.O. Letter No. 6/l/7/92-CAB dated 30th September, 1992,

addressed to the Secretaries of administrative Ministries may be referred to this matter . The

administrative ministries are requested to take action in order to ensure that the nominee Directors

comply with the responsibility cast on them and the instructions issued already on the subject are

reiterated.

iv. With regard to investment of surplus funds, the Committee have suggested that the policies should be

clear-cut and transparent. Administrative Ministries are requested to lay down guidelines for different

types of PSUs under their control indicating the destination and procedures of investment of their

surplus funds. Administrative Ministries are also requested to direct the Boards of Directors of their

PSUs to the effect that instructions regarding investment of fund shall be transparent and taken only

by the delegated authority and that exercise of such authority shall be monitored by the Board. The

administrative Ministries are also desired to lay down guidelines for the PSU under their control in the

matter of regular reporting of financial transactions to the Board having regard to the nature of its

business, size of financial transactions and the level to which the financial powers have been

delegated.

v. Boards of Directors of all non-financial PSUs should ensure that decisions regarding investments of

funds are transparent and taken only by the delegated authority, and that the proper exercise of

such authority is monitored by the Board. Boards of all PSUs are directed to lay down clear policies

on investment of surplus funds, establish transparent procedures, review delegation of authority and

prescribe regular reporting of investments to the Board. The streamlining of policies and procedures

is to be with the knowledge of the administrative Ministry and as and when required, the Board will

be given guidance by the administrative Ministry. The latter will include the performance of the

company in this sphere as one of the items to be considered in its periodic reviews. The

administrative Ministry, in turn, will seek the guidance of the DPE and the Ministry of Finance and

follow up closely the implementation of the policies on investment laid down by these Ministries.

Administrative Ministries are requested to ensure that this course of section is carefully followed by

all concerned.

vi. The administrative Ministries and the Public Enterprises are advised to keep the decisions of the

Government on these various recommendations of the JPC in view and take appropriate measures in

accordance with the Government decision indicated above. The Ministries may, in turn, issue suitable

instructions to the enterprises for strict compliance. The action taken in this matter may be intimated

to the Department of Public Enterprises.

(DPE O.M. No.DPE/4/3/92-Fin. dated 27th June, 1994)

Investment of Surplus Funds of Central Public Sector Enterprises (CPSEs).

(DPE No. DPE/18(1)/08-Fin. Dated 24th Feb 2009)

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FINANCIAL POLICIES



Reference is invited to this Department’s O.M. No. DPE/11(47)/2006-Fin. dated 11th April, 2008 advising CPSEs,

inter-alia, to discontinue the practice of inviting competitive bids for bulk deposits forthwith. References have

been received from CPSEs and administrative Ministries seeking clarification whether the restrictions prohibiting

CPSEs to invite competitive bids for bulk deposits are also applicable in respect of bulk deposits with all eligible

private sector banks. The matter was taken up with Ministry of Finance, Department of Expenditure (DOE) and it

has been, vide DOE O.M. No. 7(2)/E.Coord.2007 dated 13th February, 2009, inter-alia advised that :

(i) CPSEs should not invite bids from the private sector banks also for placing their bulk deposits, and

(ii) All CPSEs parking their funds with banks should renew all deposits maturing upto 30.06.2009 with the same

bank, with which they have placed deposits, at the published bulk deposit card rates.

2. The administrative Ministries/Departments are requested to instruct CPSEs under their administrative control

accordingly in this regard.

(DPE No. DPE/18(1)/08-Fin. Dated 24th Feb 2009)

***


Investment of surplus fund by Central Public Sector Enterprises (CPSEs) in mutual funds (MFs). (DPE OM No. DPE/11(15)/08-Fin. Dated 12th January, 2009)

CHAPTER III

FINANCIAL POLICIES


Investment of surplus fund by Central Public Sector Enterprises (CPSEs) in mutual funds (MFs).

The undersigned is directed to refer to Department’s O.M. No. DPE/11(47)/2006-Fin. dated 31st August, 2007

and subsequent clarification issued by DPE on the above subject conveying the decision of the Government

regarding removal of the prohibition on investment of surplus funds of CPSEs in mutual funds.

2. It was also stated that this arrangement will be reviewed by the Government after gaining experience for one

year.

3. The Government have accordingly reviewed the position and decided to continue the scheme till further

orders.

(DPE OM No. DPE/11(15)/08-Fin. Dated 12th January, 2009)

****



(DPE OM No. DPE/11(47)/2006-Fin dated 14th August, 2008)

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FINANCIAL POLICIES



Reference is invited to this Office Memorandum No DPE/11(47)/2006-Fin dated 11.04.2008 on the above subject

advising CPSEs to place at least to the extent of 60% of surplus funds with Public Sector Banks, to discontinue

the practice of inviting competitive bids for bulk deposits and place their bulk deposits with the banks(s) with

whom they have a regular course of business, including public sector banks.

2. It has been informed by Ministry of Finance, Department of Financial Services that some CPSEs are still

inviting bids for placement of their funds, resulting in undesirable competition amongst the banks leading to

arbitrary and artificial hikes in deposit rates which have consequences for the economy as a whole.

3. Administrative Ministries/Departments are, therefore, requested to reiterate these instructions for strict

compliance by the CPSEs under their administrative control in this regard.

4. This issues with the approval of Secretary in this department.

(DPE OM No. DPE/11(47)/2006-Fin dated 14th August, 2008)

***


Investment of surplus funds by CPSEs. (DPE OM No. DPE/11/47/2006-Fin

dated 15th April, 2008)

CHAPTER III

FINANCIAL POLICIES


Investment of surplus funds by CPSEs.

A reference is invited to O.M. of even number dated 31st August, 2007 on the above subject allowing Navratna

and Mini-ratna CPSEs to invest in equity schemes of SEBI regulated Public Sector Mutual Funds up to 30% of

available surplus funds of the concerned CPSEs. References have been received from various

Departments/Ministries and CPSEs to clarify whether the limit of 30% is for investment in mutual funds as a

whole or only for equity schemes of mutual funds.

2. The matter has been considered and it is clarified that the limit of 30% of available surplus funds is for

investment in Public Sector Mutual Funds as a whole and not for only equity schemes of Public Sector Mutual

Funds.

3. In view of inherent risk in investing in equity stocks, there is a need to maintain necessary precautions in

investing in equity investments through Mutual Funds.

4. The Administrative Ministries/Departments are requested to advise suitably to Navratna and Mini-ratna CPSEs

under their control.

(DPE OM No. DPE/11/47/2006-Fin dated 15th April, 2008)

***


Investment of Surplus Funds of Central Public Sector Enterprises

(CPSEs).(DPE OM . No. DPE/11(47)/2006-Fin Dated: 11th April, 2008)

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FINANCIAL POLICIES



Reference is invited to this Office Memorandum No. DPE/4/6/94-Fin. Dated 14th December, 1994 on the above

mentioned subject. The extant policy of the Central Public Sector Enterprises is to park surplus funds in term

deposits with any scheduled commercial bank (i.e. banks incorporated in India) with a paid up capital of at least

Rs. 100 crore, fulfilling the capital adequacy norms, as prescribed by the RBI from time to time.

2. It has been brought to the notice of Government that certain agencies/entities under the control of the

Departments/Ministries have transferred their entire business, or a substantial part of their business to private

sector banks to the virtual exclusion of the public sector banks. On a careful examination of the matter,

Government have issued instructions regarding preference to Public Sector Banks for handling Government

transactions vide O.M. No. 7(2)/E.Coord/2007 dated 15th January, 2008 (copy enclosed). It has been accordingly

decided that at least to the extent of 60% of funds under the control of Ministries/Departments/other

agencies/entities etc. be placed with Public Sector Banks. Moreover, in order to avoid undesirable competition

amongst banks leading to arbitrary hikes in deposit rates (even for short periods) which have consequences for

the economy, it has been decided that the practice of inviting competitive bids for bulk deposits should be

discontinued forthwith. Any Department/Ministry or any of the agencies/entities/bodies etc. should, therefore,

place their bulk deposits with the bank(s) with whom they have a regular course of business, including public

sector banks.

3. The Central Public Sector Enterprises (CPSEs) will also comply with above instructions while making

investment decisions with regard to placement of their funds with banks. The Administrative

Ministries/Departments are requested to instruct CPSEs suitably under their administrative control in this regard.

4. This issues with the approval of Minister (HI&PE).

(DPE OM No. DPE/11(47)/2006-Fin dated: 11th April, 2008)

***

Copy of Ministry of Finance, Department of Expenditure O.M. No. 7(2)/E.Coord/2007 dated 15 January, 2008.

Subject: Preference to Public Sector Banks for handling Government transactions—reg.

In August 2003, the Reserve Bank of India (RBI) had taken a decision to induct certain private sector banks for

the conduct of Government business. Accordingly, the Departments/Ministries were advised that, if they desired,

they could induct these private sector banks also for handling accounts pertaining to their respective


Departments/ Ministries. These instructions were issued vide RBI Circular No. DGBA.GAD No. 60/42.01.033.2003-

04 dated July 18, 2003.

2. It has been brought to the notice of the Government that some Departments/ Ministries as well as

agencies/entities under the control of Departments/Ministries have transferred their entire business, or a

substantial part of their business, to private sector banks to the virtual exclusion of public sector banks. It is

observed that public sector banks have a special role and importance in the banking industry and in advancing

the economic policies of the Government. It is, therefore, important that Departments/ Ministries conduct their

business, as far as possible, through public sector banks. In any event, it is not desirable that any

Department/Ministry should conduct its business through private sector banks alone to the exclusion of public

sector banks. On a careful examination of the matter, it has now been decided that the funds under the control

of the Departments/Ministries or funds amenable to their control (including funds distributed by

Departments/Ministries to agencies/entities) shall, at least to the extent of 60 per cent, be placed with public

sector banks. These instructions would apply equally to subordinate offices, attached offices and autonomous

organizations which are mainly funded by Government. The Departments/Ministries are requested to issue

forthwith suitable instructions, in accordance with the above decision, to State Governments, agencies and

entities to which they distribute funds for the purpose of executing the programmes funded by the

Departments/Ministries.

3. It has also been brought to the notice of the Government that, in recent times, there is an emerging practice

of inviting competitive bids for placing bulk deposits with banks. As a consequence, there is (undesirable

competition amongst banks leading to arbitrary hikes in deposit rates (even for short periods) which have

consequences for the economy). It is therefore advised that the practice of inviting competitive bids for bulk

deposits should be discontinued forthwith. (Any Department/Ministry or any of the agencies/entities/bodies etc.

referred to in para 2 above should place their bulk deposits with the bank(s) with whom they have a regular

course of business, including public sector banks.)

***

Investment of surplus funds by Central Public Sector Enterprises (CPSEs).

(DPE OM No. DPE/11(47)/2006-Fin dated 4th December, 2007)

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FINANCIAL POLICIES



Reference is invited to the O.M. of even number dated 31.8.2007 on the above mentioned subject

allowing CPSEs to invest their surplus funds in Public Sector Mutual Funds subject to the fulfillment of certain

conditions specified therein.

2. Consequent to the issue of the (DPE’s) O.M. dated 31.8.2007 mentioned above, a number of references were

received in the Department of Public Enterprises (DPE) from different Ministries, public sector enterprises and

other agencies seeking clarification in regard to the definition of a Public Sector Mutual Fund. The matter has

been examined and the undersigned has been directed to clarify that “Public Sector Mutual Fund means the

Mutual Fund registered with and regulated by SEBI where the Government of India, its financial institutions and

public sector banks holds/hold individually or collectively more than 50% of equity/shares in the Asset

Management Company of that Mutual Fund.”

3. The administrative Ministries/Departments are requested to suitably advise the Navratna/Miniratna public

enterprises under their administrative control accordingly.

4. This issues with the approval of the Minister (HI & PE).

(DPE OM No. DPE/11(47)/2006-Fin dated 4th December, 2007)

***



(DPE OM No. DPE/11/47/2006-Fin dated 31st August, 2007)

CHAPTER III

FINANCIAL POLICIES



Reference is invited to the O.M. No. 4(6)/94-Fin. dated 14.12.94 and subsequent clarifications issued by DPE vide

O.M. dated 1.11.1995 and 11.3.96 on the above mentioned subject. The CPSEs were, accordingly, advised that

the investment of surplus fund in public and private sector mutual funds should not be made as they are

inherently risky.

2. The Government have further reviewed the position. As the mutual funds are now under the regulatory and

supervisory purview of SEBI and to provide CPSEs a level playing field with the private sector in terms of

investment options, it has been decided to remove the prohibitions on investment of surplus funds of CPSEs in

mutual funds subject to the following conditions:

(i) Only Navratna and Miniratna CPSEs are permitted to invest in SEBI regulated public sector mutual funds.

(ii) Investments in schemes of such mutual funds, having equity investments, should not exceed 30% of the

available surplus funds of the concerned CPSE.

(iii) The Board of Directors of these CPSEs would decide the guidelines, procedures and management control

systems for investment in such mutual funds in consultation with the Administrative Ministries.

3. The arrangements indicated in para 2 will be reviewed by the Government after gaining experience for one

year.

4. The administrative Ministries/Departments are requested to suitably advise the Navratna and Miniratna public

enterprises under their administrative control to strictly comply with the guideline.

(DPE OM No. DPE/11/47/2006-Fin dated 31st August, 2007)

***


Guidelines on investment of surplus funds by Central Public Sector Enterprises (CPSEs) (DPE O.M. No. DPE/4(6)/1994-Fin. dated 29th September, 2005)

CHAPTER III

FINANCIAL POLICIES


Guidelines on investment of surplus funds by Central Public Sector Enterprises (CPSEs).

Reference is invited to the Office Memoranda Nos DPE/4(3)/92-Fin dated 27.6.94, 1.11.95, 11.3.96, 2.7.96 and

DPE/4(6)/94-Fin G-X VII dated 25.11.99 on the above subject which laid down the procedure for investments,

banking transactions, investment in call money etc. Difficulties have been expressed by CPSEs in implementing

some aspects of the guidelines and therefore, following revision in the guidelines is issued in consultation with

Ministry of Finance (Department of Economic Affairs):–

1) Para 1(2) of guidelines dated 1.11.1995 provides that CPSEs should make best estimates of the availability of

surplus funds in consultation with their administrative Ministry. Since the availability of surplus funds is for short

duration only, preparing estimates for surplus depends upon operational and capital investment requirements.

Consultation with the administrative Ministry involves time and investment opportunity in the meantime may not

wait. Therefore, it has been decided to empower CPSEs to prepare the best estimates of the

availability of surplus funds for investment decisions to be taken by the Board of CPSE and then

keep the Administrative Ministry informed. Consultation with administrative Ministry may not be

made necessary.

2) Para 2 (iv) of the guidelines dated 14.12.1994 had stipulated that “funds should not be invested by the CPSEs

at a particular rate of interest for a particular period of time while the PSE is resorting to borrowing at an equal

or higher rate of interest for its requirement for the same period of time”. It has now been decided to permit

CPSEs to take decisions on all matters relating to short term cash management, as they would be

the best judge of asset-liability mismatch in the short run.

3) Guidelines dated 25.11.99 had advised CPSEs to invest their surplus funds in the inter bank Call Money

Market. On account of volatility of the call money market instrument, there has been a general policy shift

towards making the call money market a purely inter bank market with the gradual phasing out of non bank

participation. Therefore, it has now been decided not to allow CPSEs to invest their surplus funds in

the Call Money Market.

4) Necessary instructions may be issued for strict compliance of these guidelines.

(DPE O.M. No. DPE/4(6)/1994-Fin. dated 29th September, 2005)

***

Guidelines for investment of surplus fund by Public Sector Enterprises (DPE

O.M. No.DPE/4(6)/94-Fin.G-XVII dated 25th November, 1999)

CHAPTER III

FINANCIAL POLICIES


Guidelines for investment of surplus fund by Public Sector Enterprises.

Reference is invited to the Department of Public enterprises OM of even number dated 14th December, 1994

detailing the guidelines for investment of surplus fund by public sector enterprises, in the wake of Joint

Parliamentary Committee Report which enquired into the irregularities in security transactions noticed by the

Committee in case of certain public enterprises. These guidelines were followed by OM dated 1.11.95, 11.3.96,

2.7.96 and 14.2.97 indicating certain modifications in the policy and certain clarifications which were raised from

different quarters on the specific methods of investment of surplus funds.

There have been certain representations from public sector enterprises that the guidelines leave no scope for the

public enterprises to fully utilize their surpluses for a duration of less than 15 days, and that these enterprises

may be permitted to invest their surpluses in the inter-bank call money deposits on a day-to-day basis through

the Discount and Finance House India Ltd. (DFHI), a company jointly owned by RBI, nationalized banks and the

financial institutions.

The above representations have been considered in consultation with the Ministry of Finance and it has been

decided that the public sector enterprises may be allowed to invest their surplus funds in the call money deposits

after taking individual approvals from the Reserve Bank of India.

Administrative Ministries/Departments are requested to suitably advise the public enterprises under their

administrative control to follow the procedure in case they are interested in investing their surplus fund in call

money deposits.

(DPE O.M. No.DPE/4(6)/94-Fin.G-XVII dated 25th November, 1999)

***


Investment of Surplus Funds by the Public Sector Enterprises. (DPE O.M. No.

4/6/94-Fin dated 14th February, 1997)

CHAPTER III

FINANCIAL POLICIES


Investment of Surplus Funds by the Public Sector Enterprises

The Government vide OMs of even number dated 14th December, 1994, 1st November, 1995 and 11th March

1996 issued detailed guidelines on investment of Surplus Funds by the Public Sector Undertakings. Para 2 of the

guidelines dated 1.11.1995 mentioned “the existing holdings of the enterprises in the UTI Schemes or similar

schemes of various other Public Sector and Private Sector Mutual Funds have to be disinvested to fall in line with

these guidelines. Such investment may, however, be phased out without running the risk of capital losses with

due approval from the Boards of the Public Enterprises”. Further, the O.M. dated 11.3.96 advised that the

existing holdings of PSUs in various schemes of UTI and similar mutual fund schemes of other Public Sector and

Private Sector Mutual Funds may be phased out over a period of three years.

2. The Government have further reviewed the situation. Taking into account the various factors regarding the

establishment and investment activities of UTI and recognition of Units as eligible securities under the Indian

Trusts Act, 1882, and the regulatory frame work of SEBI, it has been decided to remove the existing restrictions

on investment of surplus funds of PSEs in the Units/Schemes of UTI as contained in the above mentioned

guidelines.

3. The above clarifications may please be kept in view by the Boards of Public Sector Enterprises while taking

decision to invest/disinvest in the Units of UTI. The administrative Ministries may please advise suitably the PSUs

under their administrative control.

(DPE O.M. No. 4/6/94-Fin dated 14th February, 1997)

***


Investment of Surplus Fund by PSUs. (DPE O.M. No. 4/6/94-Fin dated 2nd

July, 1996)

CHAPTER III

FINANCIAL POLICIES


Investment of Surplus Fund by PSUs.

The Government had vide OM of even number dated 14th December, 1994 and OM dated 1.11.95 issued

detailed guidelines on investment of surplus funds by the PSUs. A reference was received by the Government on

the applicability of these guidelines to the finance sector PSUs. The matter has been examined in consultation

with Ministry of Finance and it is clarified that the finance sector PSUs are by and large development financial

institution set up under Section 4(9) of the Companies Act as public Financial Institutions. These companies are

governed by the RBI directives for non-banking finance companies. Such of these companies which are already

registered with RBI are guided by RBI directive for maintenance of liquid assets in India in the form of

deposit/investments in Central or State Govt. Securities or Govt. guaranteed bonds at a level higher than those

which are not registered with RBI.

2. In view of the above, it has been decided that the finance sector PSUs, get registered with RBI as NBFCs, in

case where it is not already done and completely falls in line with the directive/monitoring process of RBI. The

NBFCs in Public Sector registered with RBI will be outside the purview of the above referred guidelines issued by

DPE.

3. The Administrative Ministries/Departments are requested to suitably advise the Public Enterprises under their

Administrative control to strictly comply with the guidelines.

(DPE O.M. No. 4/6/94-Fin dated 2nd July, 1996)

***


Guidelines on investment of surplus funds by PSUs. (DPE No. DPE/4(6)/94-

Fin. dated 11th March, 1996)

CHAPTER III

FINANCIAL POLICIES


Guidelines on investment of surplus funds by PSUs.

Reference is invited to the OM of even number dated 14.12.94 and the subsequent clarifications issued by DPE

vide O.M. dated 1.11.95 on the above mentioned subject. Through these OMs the PSUs were advised that the

investment of surplus funds in UTI and other public and private sector mutual funds should not be made as they

are inherently risky. The PSUs were further advised that the existing holdings or the enterprises in UTI or other

similar schemes or various other mutual funds be disinvested to fall in line with these guidelines and such

liquidation of holdings be phased out without running the risk of capital loss.

2. The matter has been further examined by the Government and it has now been decided that the existing

holdings of PSUs in various schemes of UTI and similar mutual funds schemes of other public sector and private

sector mutual funds may be phased out over a period of three years.

3. The administrative Ministries/Departments are requested to suitably advise the public enterprises under their

administrative control to strictly comply with these guidelines.

4. These guidelines are issued in consultation with Ministry of Finance.

(DPE No. DPE/4(6)/94-Fin. dated 11th March, 1996)

***


Guidelines on investment of surplus funds by Public Sector Enterprises. (DPE

O.M. No. DPE 4(6)/94-Fin dated 1st November, 1995)

CHAPTER III

FINANCIAL POLICIES


Guidelines on investment of surplus funds by Public Sector Enterprises

The Joint Parliamentary Committee (JPC), which enquired into the irregularities in securities transactions had

adversely commented on certain decisions of the public sector enterprises in the matter of investment of surplus

funds. The Committee had desired that clear guidelines be laid down about investment of surplus funds by public

sector enterprises in order to ensure that no misuse of PSU funds recurs. In pursuance of the observations of the

JPC, the Government had issued detailed guidelines vide O.M. of even number dated 14th December, 1994.

However, as the guidelines dated 14th December, 1994 was a broad outline of the policies in the matter of

investment of surplus funds, a need for clarification on specific points has been felt in view of certain queries

made by the PSEs and the financial institutions. The clarifications in continuation of the earlier guidelines of

14.12.1994 are given below:

a. The guidelines dated 14th December, 1994 stipulate in para 2(i) and 2(ii) that there should be no

element of speculation on the yield in respect of investments made by PSUs. It is clarified that PSUs

therefore will not be allowed to invest their surplus funds in UTI and other public and private mutual

funds as they are equity based and are, therefore, inherently risky.

b. Para 2(iii) of the earlier guidelines indicated that there should be a proper commercial appreciation

before any investment decision of surplus funds is taken, and that the availability of surplus funds

may be worked out for a minimum period of one year at any point of time. The Government now

feels that as the availability of surplus funds with the PSUs is for short duration, the preparation of

advance estimates of surplus funds for one year may be difficult. The public enterprises are,

therefore, advised to make their best estimates of the availability of surplus funds in consultation

with their administrative Ministry.

c. Para 2(iv) of the earlier guidelines states that the remaining period of maturity of any instrument of

investment should not be exceeding one year from the date of investment where the investment is

made in an instrument already issued. The Government have now decided that while one year ceiling

on the remaining maturity period shall hold good for the general instruments, the public enterprises

can also select treasury bills and Government of India securities up to three years maturity period for

the investment of surplus funds.

d. The guidelines of December, 1994 have stated that the Term Deposits may be made with any

scheduled commercial bank (i.e. bank incorporated in India) and with a paid up capital of atleast

Rs.100 Crores, fulfilling the capital adequacy norm as prescribed by the RBI from time to time. It has

now been decided that instead of the condition of Rs.100 Crores as paid up capital there will be a


condition of Rs.100 Crores as ‘net worth’ of the bank, i.e. the paid up capital plus free reserves of the

bank should not be less than Rs.100 Crores.

e. The guidelines of 14th December, 1994 under Para 3(ii) envisage that the investment may be made

in instruments which have been rated by an established Credit Rating Agency and have been

accorded the highest credit rating signifying highest safety, e.g. Certificates of Deposits, Deposit

Scheme or similar instruments issued by scheduled commercial bank/term lending institutions

including their subsidiaries as well as commercial paper of corporates. It is clarified that credit ratings

issued by rating agencies are broadly classified as investment grade and non-investment grade. Since

"highest credit rating" would mean the top most in the investment grade, which would limit choice

and probably lower the overall yield, PSUs will now be free to invest in instruments falling under

investment credit rating.

f. The earlier guidelines also envisage that inter-corporate loans shall be permissible to be lent only to

Central PSUs which have obtained highest credit rating awarded by one of the established Credit

Rating Agencies for borrowing for the corresponding period. The Government reiterate that inter-

corporate borrowing programme can also be credit rated by rating agencies and the public

enterprises may invest surplus funds only on the basis of such ratings. This would help to avoid the

instances of the enterprise providing friendly support to other enterprise on considerations other than

safety.

2. The public enterprises are advised to keep the above clarifications in view together with the guidelines given

in the OM of even number dated 14th December, 1994 before deciding investment of their surplus funds in any

instrument. Further, the existing holding of the enterprise in the UTI schemes or similar schemes of various other

public sector and private sector mutual funds have to be disinvested to fall in line with these guidelines. Such

investment may however be phased out without running the risk of capital loss with due approval from the

Boards of the public enterprises.

3. Administrative Ministries/Departments are requested to suitably advise the public enterprises under their


4. These guidelines are issued in consultation with the Ministry of Finance.

(DPE O.M. No. DPE 4(6)/94-Fin dated 1st November, 1995)

O.M. No. DPE 4(6) 94-Fin. dated 11.3.1996.

Guidelines on investment of surplus funds by PSUs

Reference is invited to the OM of even number dated 14.12.94 and the subsequent clarifications issued by DPE

vide OM dated 1.11.95 on the above mentioned subject. Through these OMs the PSUs were advised that the

investment of surplus funds in UTI and other public and private sector mutual funds should not be made as they

are inherently risky. The PSUs were further advised that the existing holdings of the enterprises in UTI or other

similar schemes of various other mutual funds be disinvested to fall in line with these guidelines and such

liquidation of holdings be phased out without running the risk of capital loss.

2. The matter has been further examined by the Government and it has now been decided that the existing

holdings of PSUs in various schemes of UTI and similar mutual funds schemes of other public sector and private

sector mutual funds may be phased out over a period of three years.

3. The administrative Ministries/Departments are requested to suitably advise the public enterprises under their


4. These guidelines are issued in consultation with Ministry of Finance.

Guidelines for Investment of Surplus Funds by Public Sector Enterprises.(DPE

O.M. No.4/6/94-Fin. dated 14th December, 1994)

CHAPTER III

FINANCIAL POLICIES


Guidelines for Investment of Surplus Funds by Public Sector Enterprises

The Joint Parliamentary Committee [JPC] which enquired into the irregularities in securities transactions had

adversely commented on certain investment decisions made by certain PSEs. The Committee had desired that

Government should lay down clear guidelines governing investment of surplus funds by Public Sector Enterprises

to avoid recurrence of instances of misuse of funds.

Principles concerning investments

2. The Government have considered the observations of the Committee. The undersigned is directed to advise

that PSEs should observe the following guidelines in regard to investment of surplus funds:

i. Investments should be made only in instruments with maximum safety.

ii. There should be no element of speculation on the yield obtaining from the investment.

iii. There should be a proper commercial appreciation before any investment decision of surplus funds is

taken. The surplus availability may be worked out for a period of minimum one year at any point of

time.

iv. Funds should not be invested by the PSE at a particular rate of interest for a particular period of time

while the PSE is resorting to borrowing at an equal or higher rate of interest for its requirements for

the same period of time.

v. Investment decision should be based on sound commercial judgement. The availability should be

worked out based on cash flow estimates taking into account working capital requirements,

replacement of assets and other foreseeable demands.

vi. The remaining period of maturity of any instrument of investment should not exceed one year from the

date of investment where the investment is made in an instrument already issued. Where investment

is made in an instrument newly issued, the final maturity of the instrument should not exceed one

year. However, only in the case of term deposits with banks, it can be up to three years.

Eligible Investments

3. Investments may be made in one or more of the following instruments, subject to principles outlined in the

previous paragraph:

i. Term deposits with any scheduled commercial bank [i.e., banks incorporated in India] and with a paid

up capital of atleast Rs. 100 Crores, fulfilling the capital adequacy norms as prescribed by the R.B.I.

from time to time. These adequacy norms should be reflected in the last published balance sheet.


ii. Instruments which have been rated by an established Credit Rating Agency and have been accorded the

highest credit rating signifying highest safety e.g. certificates of deposits, deposits schemes or similar

instruments issued by scheduled commercial banks/term lending institutions including their

subsidiaries, as well as commercial paper of corporates.

iii. Inter-corporate loans are permissible to be lent only to Central PSEs, which have obtained highest credit

rating awarded by one of the established Credit Rating Agencies for borrowings for the

corresponding period.

iv. Any debt instrument, which has obtained highest credit rating from an established Credit Rating

Agency.

4. Authority Competent to Invest

i. Decisions on investment of surplus funds shall be taken by the Public Sector PSU Board. However,

decisions involving investing short-term surplus funds up to one year maturity may be delegated up

to prescribed limits of investment, to a designated group of Director[s], which should invariably

include CMD & Director (Finance)/Head of Finance internally. Where such delegation is made, the

delegation order should spell out the levels of approval and the powers of each official, which should

be strictly observed. Where such delegation is exercised, there should be a proper system of

automatic internal reporting to the Board at its next meeting in all cases.

ii. PSEs should ensure that all investment decisions are in accordance with the regulations as per the

Company Law & Government of India instructions and any other relevant legislation and rules as

applicable. Any investment already made, which is not in conformity with the above guidelines should

not be renewed after maturity.

5. Every PSE should arrange to place the above guidelines at its next Board Meeting and evolve a suitable

procedure to cover investment of surplus funds to be followed by company.

6. Necessary instructions may be issued for strict compliance of these guidelines.

7. These guidelines issue in consultation with the Ministry of Finance.

(DPE O.M. No.4/6/94-Fin. dated 14th December, 1994)

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