Companies Act Section 1 — Short title, extent, commencement and application
CHAPTER XXIX MISCELLANEOUS
Commercial / Corporate
Summary
Sub-section (1) states that the official name of this law is the Companies Act, 2013.
Sub-section (4) lists the types of organisations to which this Act applies. Under clause (a), it applies to companies incorporated under this Act or under any earlier company law. Under clause (b), it applies to insurance companies, except where the Act's provisions conflict with the Insurance Act, 1938 or the Insurance Regulatory and Development Authority Act, 1999. Under clause (c), it applies to banking companies, except where the Act's provisions conflict with the Banking Regulation Act, 1949. Under clause (d), it applies to companies involved in generating or supplying electricity, except where the Act's provisions conflict with the Electricity Act, 2003. Under clause (f), it applies to any other body corporate created by any current law, but only if the Central Government specifically names it through an official notification, and the notification may set out exceptions, modifications, or adaptations to how the Act applies to that body.
Official Text
(1) This Act may be called the Companies Act, 2013. *1. 12th September, 2013 – S. 2(1),(3), (4), (5), (6), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (27), (28),
(29) [except 1st April 2014 – S. 2(2), (7), (13), (31), (41), (42), (47), (48), (62), (83),
(85) and Explanation (d) of clause (87); ss. 3, 4, 5, 6; s. 7 [except sub-section (7)]; s. 8 [except 1st April, 2014 – S. 135 and Sch. VII, vide notification No. S.O. 582(E), dated 27th February, 2014, see Gazette of India, Extraordinary, Part II, sec. 3 (ii). 6th June, 2014 –Sub-sections
(2) and
(3) of s. 74, vide notification No. S.O. 1459(E), dated 6th June, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 13th January, 2016–S. 125(5),
(6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and (7), vide notification No. 18th May, 2016-S. 2
(29) (iv), ss. 435 to 438 and s. 440, vide notification No. S.O. 1795(E), dated 18th May, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 1st June, 2016-S. 7
(7) [except clause (c) and (d)], s. 14(2), second proviso to sub-section (1) of s. 14, s. 55 (3), proviso to clause (b) of sub-section (1) of s. 61; s. 62
(4) 7th September, 2016-S. 124, s. 125
(1) to (4),
(6) [with respect to the manner of administration of the Investor Education and Protection Fund] and
(8) to
(11) vide Notification No. S.O. 2866(E), dated 5th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th September, 2016- S. 227, 242
(1) (b),
(2)
(c) & (g), s. 246, Ss. 337 to 341 (to the extent of their applicability for s. 246), vide notification No. S.O. 2912(E), dated 9th September, 2016, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 15th December, 2016-S. 2 (23), s.7
(7)
(c) and (d), s. 8 (9), s. 48, s. 66, s. 224 (2), s. 226, s. 230 [except sub-section (11) and (12)], and ss. 231 to 233, ss. 235 to 240, 26th December, 2016-Ss. 248 to 252, vide notification No. S.Ó. 4167(E), dated 26th December, 2016, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 13th April, 2017- S. 234, vide notification No. S.O. 1182(E), dated 13th April, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 24th August, 2017-S. 212 (8),
(9) and (10), vide notification No. S.O. 2751(E), dated 24th August, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). 20th September, 2017-Proviso to clause (87) of s. 2, vide notification No. S.O. 3086(E), dated 20th September, 2017, see Gazette of India, Extraordinary Part II, sec. 3 (ii). Part 30th January, 2019- S.465 in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) [that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) 1st July, 2019-S. 81, vide notification No. S.O. 2269(E), dated 15th August, 2019, see Gazette of India, Extraordinary Part II, sec. 3(ii). 3rd February, 2020-S. 230
(11) and (12), vide notification No. S.O. 525(E), dated 3rd February, 2020, see Gazette of India, Extraordinary, Part II, sec. 3(ii). vide notification No. S.O. 1255(E), dated 18th March, 2021, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
(4) The provisions of this Act shall apply to—
(a) companies incorporated under this Act or under any previous company law;
(b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
(c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949);
(d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003);
(f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification.