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Commencement and Applicability of Companies Act, 2013

Notified Sections of Companies Act 2013. Provisions of Section 1 which describe about the title, extent, commencement and application of the Companies Act, 2013.

The long-awaited Companies Bill 2013 got its assent in the Lok Sabha on 18th December, 2012 and in the Rajya Sabha on 8th August, 2013. After having obtained the assent of the President of India on 29th August, 2013, it has now become the Companies Act, 2013 (CA 2013).

That means the Companies Act, 2013 received the assent of the President on 29-08-2013 and section 1 thereof came into force on the same date. The title of the Act has been provided in sub-section (1) of Section 1 as “the Companies Act, 2013”. According to section 1(2) of CA 2013, this act extends to the whole of India.

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Applicability of Companies Act, 2013

In accordance with the provisions of sub-section (4) of Section 1, the Companies Act 2013 shall apply to the following:

(a) Companies under Company Law:

The Companies Act, 2013 shall apply to all companies incorporated under the Companies Act 2013 or under any previous company law.

Under Clause (67) of Section 2 of CA 2013, the term “previous company law” has been defined and it means any of the laws specified below: —

(i) Acts relating to companies in force before the Indian Companies Act, 1866;
(ii) the Indian Companies Act, 1866;
(iii) the Indian Companies Act, 1882;
(iv) the Indian Companies Act, 1913;
(v) the Registration of Transferred Companies Ordinance, 1942;
(vi) the Companies Act, 1956; and
(vii) any law corresponding to any of the aforesaid Acts or the Ordinances and in force—

(A) in the merged territories or in a Part B State (other than the State of Jammu and Kashmir), or any part thereof, before the extension thereto of the Indian Companies Act, 1913; or

(B) in the State of Jammu and Kashmir, or any part thereof, before the commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in so far as banking, insurance and financial corporations are concerned, and before the commencement of the Central Laws (Extension to Jammu and Kashmir) Act, 1968, in so far as other corporations are concerned;

(viii) the Portuguese Commercial Code, in so far as it relates to sociedades anonimas; and
(ix) the Registration of Companies (Sikkim) Act, 1961;

(b) Insurance Company:

Insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 or the Insurance Regulatory and Development Authority (IRDA) Act, 1999.

(c) Banking Company:

Banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949.

(d) Power Company:

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.

(e) Other Companies:

Any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act.

(f) Body Corporate:

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.

Notified Sections of Companies Act 2013

The provisions of Section 1 of the Companies Act, 2013 come into force on 29th August, 2013 vide Notification No. S.O. 2821(E), dated 20.09.2013. All the remaining provisions of CA 2013 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

The Central Government has appointed different dates for applicability of various sections of the Companies Act, 2013. Till date there are 426 (98+1+183+1+5+37+1+7+88+5) sections has been notified by the Ministry of Corporate Affairs through notifications.

98 sections notified on 12th September 2013:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 12th day of September, 2013 as the date on which the following provisions of the said Act shall come into force, namely:

Section 2
Clause (1);
Clauses (3) to (6) [both inclusive];
Clauses (8) to (12) [both inclusive];
Clauses (14) to (22) [both inclusive];
Clauses (24) to (28) [both inclusive];
Clause (29) [except sub-clause (iv)];
Clause (30);
Clauses (32) to (40) [both inclusive];
Clauses (43) to (46) [both inclusive];
Clauses (49) to (61) [both inclusive];
Clauses (63) to (66) [both inclusive];
Clause (67) [except sub-clause (ix)];
Clauses (68) to (82) [both inclusive];
Clause (84);
Clause (86);
Clause (87) [except the proviso and explanation (d)];
Clauses (88) and (89);
Clauses (90) to (95) [both inclusive];
Section 19;
Section 21;
Section 22;
Section 23 [except clause (b) of sub-section (1) and sub-section (2)];
Section 24;
Section 25 [except sub-section (3)];
Sections 29 to 32 [both inclusive];
Section 33 [except sub-section (3)];
Section 34;
Section 35 [except clause (e) of sub-section (1)];
Sections 36 to 38 [both inclusive];
Section 39 [except sub-section (4)];
Section 40 [except sub-section (6)];
Sections 44 and 45;
Sections 49 to 51 [both inclusive];
Sections 57 to 60 [both inclusive];
Section 65;
Section 69;
Section 70 [except sub-section (2)];
Section 86;
Section 91;
Section 100 [except sub-section (6)];
Section 102;
Section 103;
Section 104;
Section 105 [except the third and fourth proviso of sub-section (1) and sub-section (7)];
Section 106;
Section 107;
Section 111;
Section 112;
Section 113 [except clause (b) of sub-section (1)];
Section 114;
Section 116;
Section 127;
Section 133;
Section 161 [except sub-section (2)];
Sections 162 and 163;
Section 176;
Sections 180 to 183 [both inclusive];
Section 185;
Section 192;
Section 194;
Section 195;
Section 202;
Section 379;
Sections 382 and 383;
Section 386 [except clause (a)];
Section 394;
Section 405;
Sections 407 to 414 [both inclusive];
Sections 439;
Sections 443 to 453 [both inclusive];
Sections 456 to 463 [both inclusive];
Sections 467 to 470 [both inclusive];

Thus, the above 98 sections of the Companies Act 2013 are applicable from 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.

Section 135 and Schedule VII notified on 27th February, 2014:

In exercise of the powers conferred by Sub-section (3) of Section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 1st day of April, 2014 as the date on which the provision of section 135 and Schedule VII of the said Act shall come into force.

Thus, the provisions of section 135 and Schedule VII of the Companies Act 2013 are applicable from 27th February, 2014 vide Notification No. S.O. 582(E) dated 27.02.2014.

183 sections notified on 27th March, 2014:

In exercise of the powers conferred by sub-section (3) of Section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 1st day of April, 2014 as the date on which the following provisions of the said Act shall come into force, namely: –

Section 2
Clause (2);
Clause (7);
Clause (13);
Clause (31);
Clause (41);
Clause (42);
Clause (47) and clause (48);
Clause (62);
Clause (83);
Clause (85);
Explanation (d) of clause (87);
Sections 3 to 6 (both inclusive);
Section 7 [except sub-section (7)];
Section 8 [except sub-section (9)];
Sections 9 to 13 (both inclusive);
Section 14 [except second proviso to sub-section (1) and sub-section (2)];
Sections 15 to 18 (both inclusive);
Section 20;
Clause (b) of sub-section (1) and sub-section (2) of section 23;
Sub-section (3) of section 25;
Sections 26 to 28 (both inclusive);
Sub-section (3) of section 33;
Clause (e) of sub-section (1) of section 35;
Sub-section (4) of section 39;
Sub-section (6) of section 40;
Sections 41 and 42 (both inclusive);
Section 43;
Sections 46 and 47 (both inclusive);
Sections 52 to 54 (both inclusive);
Section 55 except sub-section (3);
Section 56;
Section 61 [except proviso to clause (b) of sub-section (1)];
Section 62 [except sub-sections (4) to (6)];
Sections 63 and 64 (both inclusive);
Sections 67 and 68 (both inclusive);
Sub-section (2) of section 70;
Section 71 [except sub-sections (9) to (11)];
Section 72;
Section 73;
Sub-section (1) of section 74;
Section 76;
Sections 77 to 85 (both inclusive);
Sections 87 to 90 (both inclusive);
Sections 92 to 96 (both inclusive);
Sub-section (6) of section 100;
Section 101;
Third and Fourth proviso to sub-section (1) and sub-section (7) of section 105;
Sections 108 to 110 (both inclusive);
Clause (b) of sub-section (1) of section 113;
Section 115;
Sections 117 and 118 (both inclusive);
Section 119 [except sub-section (4)];
Sections 120 to 122 (both inclusive);
Section 123;
Section 126;
Sections 128 and 129 (both inclusive);
Section 134;
Sections 136 to 139 (both inclusive);
Section 140 [except second proviso to sub-section (4) and sub-section (5)];
Sections 141 to 160 (both inclusive);
Sub-section (2) of section 161;
Sections 164 to 168 (both inclusive);
Section 169 except sub-section (4);
Sections 170 to 172 (both inclusive);
Sections 173 to 175 (both inclusive);
Sections 177 to 179 (both inclusive);
Section 184;
Sections 186 to 191 (both inclusive);
Section 193;
Sections 196 to 201 (both inclusive);
Sections 203 to 205 (both inclusive);
Section 206 to 209 (both inclusive);
Section 210;
Section 211;
Section 212, [except references of sub-section (10) of section 66, sub-section (5) of section 140, section 213, sub-section (1) of section 251 and sub-section (3) of section 339 made in sub-section (6) and also sub-sections (8) to (10)];
Sections 214 and 215;
Section 216 [except sub-section (2)];
Section 217;
Sections 219 and 220 (both inclusive);
Section 223;
Section 224 [except sub-section (2) and (5)];
Section 225;
Sections 228 and 229 (both inclusive);
Sections 366 to 369 (both inclusive);
Section 370 (except the proviso);
Section 371;
Section 374;
Sections 380 and 381 (both inclusive);
Sections 384 and 385 (both inclusive);
Clause (a) of section 386;
Sections 387 to 390 (both inclusive);
Sub-section (1) of section 391;
Sections 392 and 393 (both inclusive);
Section 395;
Sections 396 to 398 (both inclusive);
Section 399 [except reference of word Tribunal in sub-section (2)];
Sections 400 to 404 (both inclusive);
Section 406;
Section 442;
Sections 454 and 455 (both inclusive);
Section 464;
Schedule-I;
Schedule-II;
Schedule-III;
Schedule-IV;
Schedule-V;
Schedule-VI.

Thus, the above 183 sections of the Companies Act 2013 are applicable from 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27.03.2014.

Sub-sections (2) & (3) of section 74 notified on 6th June, 2014:

In exercise of the powers conferred by sub-section (3) of Section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 6th day of June, 2014 as the date on which the provisions of sub-sections (2) and (3) of Section 74 of the said Act shall come into force.

Thus, sub-sections (2) and (3) of Section 74 of the Companies Act 2013 are applicable from 6th June, 2014 vide Notification No. S.O. 1459(E) issued dated 06.06.2014.

Sub-sections (5), (6) & (7) of section 125 notified on 13th January, 2016:

In exercise of the powers conferred by sub-section (3) of Section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 13th day of January, 2016 as the date on which the provisions of sub-section (5), sub-section (6) [except with respect to the manner of administration of the Investor Education and Protection Fund] and sub-section (7) of section 125 of the said Act shall come into force.

Hence, sub-sections (5), (6) and (7) of Section 125 of the Companies Act 2013 are applicable from 13th January, 2016 vide Notification No. S.O. 125(E) issued dated 13-01-2016.

5 sections notified on 18th May 2016:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 18th day of May, 2016 as the date on which the provisions of clause (iv) of sub-section (29) of section 2, sections 435 to 438 (both sections inclusive) and section 440 of the said Act shall come into force.

Accordingly, Clause (iv) of Section 2(29), Section 435, Section 436, Section 437, Section 438 and Section 440 of the Companies Act 2013 are notified vide Notification No. S.O. 1795(E) issued dated 18-05-2016. In other words, all these 5 sections of the Companies Act 2013 are applicable from 18th May, 2016.

37 sections notified on 1st June 2016:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 20l3 (18 of 20l3), the Central Government hereby appoints the 01st day of June, 2016 as the date on which the following provisions of the said Act shall come into force, namely:

Sub-section (7) of section 7 [except clause (c) and (d)]
Second proviso to sub-section (1) of section 14
Sub-section (2) of section 14
Sub-section (3) of section 55
Proviso to Clause (b) of sub-section (1) of section 61
Sub-sections (4) to (6) of section 62
Sub-sections (9) to (11) of section 71
Section 75
Section 97
Section 98
Section 99
Sub-section (4) of section 119
Section 130
Section 131
Second proviso to sub-section (4) and sub-section (5) of section 140
Sub-section (4) of section 169
Section 213
Sub-section (2) of Section 216
Section 218
Section 221
Section 222
Sub-sections (5) of section 224
Sections 241, 242 [except clause (b) of sub-section (1), clause (c) & (g) of sub-section (2)], 243, 244, and 245
Reference of word ‘Tribunal’ in sub-section (2) of section 399
Sections 415 to 433 (both inclusive)
Sub-section (1)(a) and (b) of section 434
Sub-section (2) of section 434
Section 441
Section 466

Thus, the above 37 sections of the Companies Act 2013 are applicable from 1st June, 2016 vide Notification No. S.O. 1934(E) issued dated 01.06.2016.

Section 124 and sub-sections of Section 125 notified on 7th September, 2016:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints 7th September, 2016 as the date on which the provisions of section 124, sub-sections (1) to (4), (6) [with respect to the manner of administration of the Investor Education and Protection Fund] and (8) to (11) of section 125 of the said Act shall come into force.

Thus, the provisions of section 124 and sub-sections (1) to (4), (6), (8) to (11) of section 125 of the Companies Act 2013 are applicable from 7th September, 2016 vide Notification No. S.O. 2866(E) issued dated 05.09.2016.

7 Sections Notified on 9th September 2016:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints 9th September, 2016 as the date on which the following provisions of the said Act shall come into force, namely:

Section 227
Clause (b) of sub-section (1) of section 242
Clauses (c) and (g) of sub-section (2) of section 242
Section 246

Section 337 to Section 341 (to the extent of their applicability for section 246):

Therefore, the provisions of the above 7 sections of the Companies Act 2013 are applicable from 1st June, 2016 vide Notification No. S.O. 2912(E) issued dated 09.09.2016.

88 Sections Notified on 7th December 2016:

In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 15th day of December, 2016 as the date on which the following provisions of the said Act shall come into force, namely: –

Clause (23) of section 2
Clause (c) and (d) of sub-section (7) of section 7
Sub-section (9) of section 8
Section 48
Section 66
Sub-section (2) of section 224
Section 226
Section 230 [except sub-section (11) and (12)]
Sections 231 to 233
Sections 235 to 240
Sections 270 to 288
Sections 290 to 303
Section 324
Sections 326 to 365
Proviso to section 370
Sections 372 to 373
Sections 375 to 378
Sub-section (2) of section 391
Clause (c) of sub-section (1) of section 434

Therefore, the provisions of the above 88 sections of the Companies Act 2013 are applicable from 15th December, 2016 vide Notification No. S.O. 3677(E) dated 07.12.2016.

5 Sections Notified on 26th December, 2016:

In exercise of the powers conferred by sub-section (3) of Section 1 of the Companies Act, 20l3 (18 of 20l3), the Central Government hereby appoints the 26th December, 2016 as the date on which the provisions of section 248 to 252 of the said Act, shall come into force.

Therefore, the provisions of 5 sections viz section 248, section 249, section 250, section 251 and section 252 of the Companies Act 2013 are applicable from 26th December, 2016 vide Notification No. S.O. 4167(E) dated 26.12.2016.

Commencement Notification of Companies (Amendment) Act, 2015:

In exercise of the powers conferred by sub-section (2) of Section 1 of the Companies (Amendment) Act, 2015 (21 of 2015), the Central Government has appointed the 29th May, 2015 as the date on which the provisions of sections 1 to 12 and 15 to 23 of the said Act shall come into force vide S.O.1440(E), dated 29-05-2015.

In exercise of the powers conferred by sub-section (2) of section 1 of the Companies (Amendment) Act, 2015 (21 of 2015), the Central Government hereby appoints the 14th day of December, 2015 as the date on which the provisions of section 13 and 14 of the said Act shall come into force vide S.O.3388(E), dated 14-12-2015.

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One Response to Commencement and Applicability of Companies Act, 2013

  1. Prabhat Singh says:

    This is an excellent compilation. Very useful. Thanks.

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