Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
Annexure to Circular Ref. No: Ref. No.: BoS(Academics)/8/05-01/2015-16, Kolkata, May 18, 2015
A TABLE SHOWING ENFORCEMENT OF PROVISIONS OF COMPANIES ACT, 2013 FROM DIFFERENT DATES
Sections of
Companies
Act, 2013
1
2
2(1)
2(2)
2(3)
2(4)
2(5)
2(6)
2(7)
2(8)
2(9)
2(10)
2(11)
2(12)
2(13)
2(14)
2(15)
2(16)
2(17)
2(18)
2(19)
2(20)
2(21)
2(22)
2(23)
2(24)
2(25)
2(26)
2(27)
2(28)
2(29)[Except
sub-clause
(iv)]
2(30)
2(31)
2(32)
2(33)
2(34)
2(35)
2(36)
2(37)
2(38)
2(39)
2(40)
2(41)
2(42)
Description of sections of Companies Act, 2013
Short title, extent, commencement and application
Definitions
Abridged prospectus
Accounting standards
Alter or Alteration
Appellate Tribunal
Articles
Associate company
Auditing standards
Authorised capital or Nominal capital
Banking company
Board of Directors or Board
Body corporate or corporation
Book and paper and book or paper
Books of account
Branch office
Called-up capital
Charge
Chartered Accountant
Chief Executive Officer
Chief Financial Officer
Company
Company limited by guarantee
Company limited by shares
Company Liquidator
Company Secretary or secretary
Company Secretary in practice
Contributory
Control
Cost accountant
Court
Debenture
Deposit
Depository
Derivative
Director
Dividend
Document
Employees' stock option
Expert
Financial institution
Financial statement
Financial year
Foreign company
Date of Enforcement
Corresponding
Sections
of
Companies Act,
1956 still in force
as
related
provisions
of
Companies
Act
2013
is
not
enforced/not
applicable
12-9-2013 and 1-4-2014
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Not yet enforced
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
-
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
1-4-2014
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 1/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
2(43)
2(44)
2(45)
2(46)
2(47)
2(48)
2(49)
2(50)
2(51)
2(52)
2(53)
2(54)
2(55)
2(56)
2(57)
2(58)
2(59)
2(60)
2(61)
2(62)
2(63)
2(64)
2(65)
2(66)
2(67)[Except
sub-clause
(ix)]
2(68)
2(69)
2(70)
2(71)
2(72)
2(73)
2(74)
2(75)
2(76)
2(77)
2(78)
2(79)
2(80)
2(81)
2(82)
2(83)
2(84)
2(85)
2(86)
2(87)[Except
the proviso
and
Explanation
(d)]]
2(87), Explanation (d)
2(88)
2(89)
2(90)
2(91)
2(92)
2(93)
2(94)
Free reserves
Global Depository Receipt
Government company
Holding company
Independent director
Indian Depository Receipt (IDR)
Interested director
Issued capital
Key managerial personnel
Listed company
Manager
Managing director
Member
Memorandum
Net worth
Notification
Officer
Officer who is in default
Official Liquidator
One Person Company
Ordinary or special resolution
Paid-up share capital or share capital paid-up
Postal ballot
Prescribed
Previous company law
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Private company
Promoter
Prospectus
Public company
Public financial institution
Recognised stock exchange
Register of companies
Registrar
Related party
Relative
Remuneration
Schedule
Scheduled bank
Securities
Securities and Exchange Board
Serious Fraud Investigation Office
Share
Small company
Subscribed capital
Subsidiary company or subsidiary
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
1-4-2014
12-9-2013
12-9-2013
Subsidiary company or subsidiary
1-4-2014
Sweat equity shares
Total voting power
Tribunal
Turnover
Unlimited company
Voting right
Whole-time director
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 2/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
2(95)
Meaning of certain words and expressions not
defined in the Act
3
Formation of company
4
Memorandum
5
Articles
6
Act to override memorandum, articles, etc.
7[Except sub- Incorporation of company
section(7)]
8[Except sub- Formation of companies with charitable objects, etc.
section(9)]
9
Effect of registration
10
Effect of memorandum and articles
11
Commencement of business, etc.
12
Registered office of company
13
Alteration of memorandum
14 [Except Alteration of articles
second
proviso to
sub-section
(1) and
Sub-section
(2)]
15
Alteration of memorandum or articles to be noted in
every copy
16
Rectification of name of company
17
Copies of memorandum, articles, etc., to be given to
members
18
Conversion of companies already registered
19
Subsidiary company not to hold shares in its holding
company
20
Service of documents
21
Authentication of documents, proceedings and
contracts
22
Execution of bills of exchange, etc.
23 [Except Public offer and private placement
clause (b) of
sub-section
(1) and subsection (2)]
23(1)(6) & (2) Public offer and private placement
24
Power of Securities and Exchange Board to regulate
issue and transfer of securities, etc.
25 (Except Document containing offer of securities for sale to be
sub-section deemed prospectus
(3)]
25(3)
Document containing offer of securities for sale to be
deemed prospectus
26
Matters to be stated in prospectus
27
Variation in terms of contract or objects in prospectus
28
Offer of sale of shares by certain members of a
company
29
Public offer of securities to be in dematerialised form
30
Advertisement of prospectus
31
Shelf prospectus
32
Red herring prospectus
33 [Except Issue of application forms for securities
sub-section
(3)]
33(3)
Issue of application forms for securities
34
Criminal liability for misstatements in prospectus
35 [Except Civil liability for mis-statements in prospectus
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
12-9-2013
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 3/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
clause (e) of
sub-section
(1)]
3S(l)(e)
Civil liability for mis-statements in prospectus
36
Punishment for fraudulently inducing persons to invest
money
37
Action by affected persons
38
Punishment for personation for acquisition, etc., of
securities
39 [Except Allotment of securities by company
sub-section
(4)]
39(4)
Allotment of securities by company
40 [Except Securities to be dealt with in stock exchanges
sub-section
(6)]
40(6)
Securities to be dealt with in stock exchanges
41
Global Depository Receipt
42
Offer or invitation for subscription of securities on
private placement
43
Kinds of share capital
44
Nature of shares or debentures
45
Numbering of shares
46
Certificate of shares
47
Voting rights
48
Variation of shareholders' Rights
49
50
51
52
53
54
55 [Except
sub-section
(3)]
56
57
58
59
60
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
12-9-2013
1-4-2014
1-4-2014
Not yet enforced
Calls on shares of same class to be made on uniform
basis
Company to accept unpaid share capital, although
not called up
Payment of dividend in proportion to amount paid-up
Application of premiums received on issue of shares
Prohibition on issue of shares at discount
Issue of sweat equity shares
Issue and redemption of preference shares
12-9-2013
Transfer and transmission of securities
Punishment for personation of shareholder
Refusal of registration and appeal against refusal
Rectification of register of members
Publication of authorised, subscribed and paid-up
capital
Power of limited company to alter its share capital
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
61 [Except
proviso to
clause (b) of
sub-section
(1)]
62 [Except Further issue of share capital
sub-sections
(4) to (6)]
63
Issue of bonus shares
64
Notice to be given to Registrar for alteration of share
capital
65
Unlimited company to provide for reserve share
capital on conversion into limited company
66
Reduction of share capital
106
107
12-9-2013
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
100
101
102
103
104
Page 4/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
105
67
68
69
70 [Except
sub-section
(2)]
70(2)
71 [Except
sub-sections
(9) to (11)]
72
73
74(1)
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100[Except
sub-section
(6)]
100(6)
101
102
103
104
105 [Except
the third and
fourth proviso
Restrictions on purchase by company or giving of
loans by it for purchase of its shares
Power of company to purchase its own securities
Transfer of certain sums to capital redemption reserve
account
Prohibition for buy-back in certain circumstances
1-4-2014
1-4-2014
12-9-2013
12-9-2013
Prohibition for buy-back in certain circumstances
Debentures
1-4-2014
1-4-2014
Power to nominate
Prohibition on acceptance of deposits from public
Repayment of deposits, etc., accepted before
commencement of this Act
Damages for fraud
Acceptance of deposits from public by certain
companies
Duty to register charges, etc.
Application for registration of charge
Section 77 to apply in certain matters
Date of notice of charge
Register of charges to be kept by Registrar
Company to report satisfaction of charge
Power of Registrar to make entries of satisfaction and
release in absence of intimation from company
Intimation of appointment of receiver or manager
Company's register of charges
Punishment for contravention
Rectification by Central Government in register of
charges
Register of members, etc.
Declaration in respect of beneficial interest in any
share
Investigation of beneficial ownership of shares in
certain cases
Power
to
close
register
of
members
or
debentureholders or other security holders
Annual return
Return to be filed with Registrar in case promoters'
stake changes
Place of keeping and inspection of registers, returns,
etc.
Registers, etc., to be evidence
Annual general meeting
Power of Tribunal to call annual general meeting
Power of Tribunal to call meetings of members, etc.
Punishment for default in complying with provisions of
sections 96 to 98
Calling of extraordinary general meeting
1-4-2014
1-4-2014
1-4-2014
Calling of extraordinary general meeting
Notice of meeting
Statement to be annexed to notice
Quorum for meetings
Chairman of meetings
Proxies
Not yet enforced
1-4-2014
-
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
Not yet enforced
Not yet enforced
Not yet enforced
167
186
168
12-9-2013
1-4-2014
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 5/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
of
sub-section
(1) and subsection (7)]
105(1), Third
and fourth
proviso and
105(7)
106
107
108
109
110
111
112
Proxies
Restriction on voting rights
Voting by show of hands
Voting through electronic means
Demand for poll
Postal ballot
Circulation of members' resolution
Representation of President and Governors in
meetings
113 [Except Representation of corporations at meeting of
clause (b) of companies and of creditors
sub-section
(1)]
113(1)(6)
Representation of corporations at meeting of
companies and of creditors
114
Ordinary and special resolutions
115
Resolutions requiring special notice
116
Resolutions passed at adjourned meeting
117
Resolutions and agreements to be filed
118
Minutes of proceedings of general meeting, meeting
of Board of Directors and other meeting and
resolutions passed by postal ballot
119[Except Inspection of minute books of general meeting
sub-section
(4)]
120
Maintenance and inspection of documents in
electronic form
121
Report on annual general meeting
122
Applicability of this Chapter to One Person Company
123
Declaration of dividend
124
Unpaid Dividend Account
125
126
Investor Education and Protection Fund
Right to dividend, rights shares and bonus shares to be
held in abeyance pending registration of transfer of
shares
127
Punishment for failure to distribute dividends
128
Books of account, etc., to be kept by company
129
Financial statement
130
Re-opening of accounts on Court's or Tribunal's orders
131
Voluntary revision of financial statements or Board's
report
132
Constitution of National Financial Reporting Authority
133
Central Government to prescribe accounting
standards
134
Financial Statement, Board's report, etc.
135
Corporate Social Responsibility
136
Right of member to copies of audited financial
statement
137
Copy of financial statement to be filed with Registrar
138
Internal Audit
139
Appointment of auditors
140 [Except Removal, resignation of auditor and giving of special
second
notice
1-4-2014
12-9-2013
12-9-2013
1-4-2014
1-4-2014
1-4-2014
12-9-2013
12-9-2013
12-9-2013
1-4-2014
12-9-2013
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
Not yet enforced
Not yet enforced
1-4-2014
12-9-2013
1-4-2014
1-4-2014
Not yet enforced
Not yet enforced
Not yet enforced
12-9-2013
205A
205B
205C
210A
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 6/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
proviso to
sub-section
(4) and subsection (5)]
141
Eligibility, qualifications and disqualifications of
auditors
142
Remuneration of auditors
143
Powers and duties of auditors and auditing standards
144
Auditor not to render certain services
145
Auditor to sign audit reports, etc.
146
Auditors to attend general meeting
147
Punishment for contravention
148
Central Government to specify audit of items of cost
in respect of certain companies
149
Company to have Board of Directors
150
Manner of selection of independent directors and
maintenance of data bank of independent directors
151
Appointment of director elected by small
shareholders
152
Appointment of directors
153
Application for allotment of Director Identification
Number
154
Allotment of Director Identification Number
155
Prohibition to obtain more than one Director
Identification Number
156
Director to intimate Director Identification Number
157
Company to inform Director Identification Number to
Registrar
158
Obligation to indicate Director Identification Number
159
Punishment for contravention
160
Right of persons other than retiring directors to stand
for directorship
161 [Except Appointment of additional director, alternate director
sub-section(2 and nominee director
)]
161(2)
Appointment of additional director, alternate director
and nominee director
162
Appointment of directors to be voted individually
163
Option
to
adopt
principle
of
proportional
representation for appointment of directors
164
Disqualifications for appointment of director
165
Number of directorships
166
Duties of directors
167
Vacation of office of director
168
Resignation of director
169 [Except Removal of directors
sub-section
(4)]
170
Register of directors and key managerial personnel
and their shareholding
171
Members' right to inspect
172
Punishment
173
Meetings of Board
174
Quorum for meetings of Board
175
Passing of resolution by circulation
176
Defects in appointment of directors not to invalidate
actions taken
177
Audit Committee
178
Nomination and remuneration Committee and
Stakeholders Relationship Committee
179
Powers of Board
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
12-9-2013
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014.
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 7/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
180
181
Restrictions on powers of Board
Company to contribute to bona fide and charitable
funds, etc.
Prohibitions and restrictions regarding political
contributions
Power of Board and other persons to make
contributions to National Defence Fund, etc.
Disclosure of interest by director
Loan to directors, etc.
Loan and investment by company
Investments of company to be held in its own name
Related party transactions
Register of contracts or arrangements in which
directors are interested
Contract of employment with managing or whole
time directors
Payment to director for loss of office, etc., in
connection with transfer of undertaking, property or
shares
Restriction on non-cash transactions involving
directors
Contract by One Person Company
Prohibition on forward dealings in securities of
company by director or a key managerial personnel
12-9-2013
12-9-2013
195
196
Prohibition on insider trading of securities
Appointment of managing director,
director or manager
12-9-2013
1-4-2014
197
Overall maximum managerial remuneration and
managerial remuneration in case of absence or
inadequacy of profits
Calculation of profits
Recovery of remuneration in certain cases
Central Government or company to fix limit with
regard to remuneration
1-4-2014
Forms of, and procedure in relation to, certain
applications
Compensation for loss of office of managing or
whole-time director or manager
1-4-2014
182
183
184
185
186
187
188
189
190
191
192
193
194
198
199
200
201
202
whole-time
203
204
205
206
Appointment of key managerial personnel
Secretarial audit for bigger companies
Functions of Company Secretary
Power to call for information, inspect books and
conduct inquiries
207
Conduct of inspection and inquiry
208
Report on inspection made
209
Search and seizure
210
Investigation into affairs of company
211
Establishment of Serious Fraud Investigation Office
212, [Except Investigation into affairs of company by Serious Fraud
sub-sections Investigation Office
(8) to (10)]
213
Investigation into company's affairs in other cases
214
Security for payment of costs and expenses of
investigation
215
Firm, body corporate or association not to be
appointed as inspector
216 [Except Investigation of ownership of company
sub-section
217
Procedure, powers, etc., of inspectors
(2)]
218
Protection of employees during investigation
12-9-2013
12-9-2013
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
Not yet enforced
237
1-4-2014
1-4-2014
1-4-2014
1-4-2014
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
635B
Page 8/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
219
220
221
222
223
224[Except
sub-sections(
2) and
225 (5)]
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
Power of inspector to conduct investigation into
affairs of related companies, etc.
Seizure of documents by inspector
Freezing of assets of company on inquiry and
investigation
1-4-2014
1-4-2014
Not yet enforced
-
Imposition of restrictions upon securities
Inspector's report
Action to be taken in pursuance of inspector's report
Not yet enforced
1-4-2014
1-4-2014
250
Expenses of investigation
Voluntary winding-up of company, etc., not to stop
investigation proceedings
Legal advisers and bankers not to disclose certain
information
Investigation, etc., of foreign companies
Penalty for furnishing false statement, mutilation,
destruction of documents
Power to compromise or make arrangements with
creditors and members
1-4-2014
Not yet enforced
250A
Not yet enforced
251
Power of Tribunal to enforce compromise or
arrangement
Merger and amalgamation of companies
Merger or amalgamation of certain companies
Merger or amalgamation of company with foreign
company
Power to acquire shares of shareholders dissenting
from scheme or contract approved by majority
Purchase of minority shareholding
Power of Central Government to provide for
amalgamation of companies in public interest
Registration of offer of schemes involving transfer of
shares
Preservation of books and papers of amalgamated
companies
Liability of officers in respect of offences committed
prior to merger, amalgamation, etc.
Application to Tribunal for relief in cases of oppression,
etc.
Powers of Tribunal
Not yet enforced
390
391
393
394A
392
Not yet enforced
Not yet enforced
Not yet enforced
394
-
Not yet enforced
395
Not yet enforced
Not yet enforced
396
Not yet enforced
-
Not yet enforced
396A
Consequence of termination or modifications of
certain agreements
Right to apply under section 241
Class action
Application of certain provisions to proceedings
under section 241 or section 245
Valuation by registered valuers
Power of Registrar to remove name of company from
register of companies
Restrictions on making application under section 248
in certain situations
Effect of company notified as dissolved
Fraudulent application for removal of name
Appeal to Tribunal
Determination of sickness
Application for revival and rehabilitation
Not yet enforced
397
398
401
402
403
404
407
Not yet enforced
Not yet enforced
Not yet enforced
399
406
Not yet enforced
Not yet enforced
560
Not yet enforced
-
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
560
424A
-
1-4-2014
1-4-2014
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 9/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
255
Not yet enforced
-
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
424H
424D
424D
424G
Not yet enforced
424K
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
272
Exclusion of certain time in computing period of
limitation
Appointment of interim administrator
Committee of creditors
Order of Tribunal
Appointment of administrator
Powers and duties of company administrator
Scheme of revival and rehabilitation
Sanction of scheme
Scheme to be binding
Implementation of scheme
Winding up of company on report of company
administrator
Power of Tribunal to assess damages against
delinquent directors, etc.
Punishment for certain offences
Bar of jurisdiction
Rehabilitation and Insolvency Fund
Modes of winding up
Circumstances in which a company may be wound
up by Tribunal
Petition for winding up
273
274
275
Powers of Tribunal
Directions for filing statement of affairs
Company Liquidators and their appointments
Not yet enforced
Not yet enforced
Not yet enforced
276
277
Removal and replacement of liquidator
Intimation to company liquidator, provisional
liquidator and Registrar
Effect of winding up order
Stay of suits, etc., on winding up order
Jurisdiction of Tribunal
Submission of report by Company Liquidator
Directions of Tribunal on report of Company Liquidator
Custody of company's properties
Not yet enforced
Not yet enforced
Not yet enforced
286
287
Promoters, directors, etc., to co-operate with
Company Liquidator
Settlement of list of contributories and application of
assets
Obligations of directors and managers
Advisory Committee
424L
441C
425
433
434
439
439A
443
446A
448
450
444
445
447
446(1)/(4)
446(2)
455
456
468
-
288
289
290
Submission of periodical reports to Tribunal
Power of Tribunal on application for stay of winding up
Powers and duties of Company Liquidator
Not yet enforced
Not yet enforced
Not yet enforced
291
Provision for professional assistance to Company
Liquidator
Exercise and control of Company Liquidator's powers
Books to be kept by Company Liquidator
Audit of Company Liquidator's accounts
Payment of debts by contributory and extent of setoff
Power of Tribunal to make calls
Adjustment of rights of contributories
Power to order costs
Power to summon persons suspected of having
property of company, etc.
Power to order examination of promoters, directors,
etc.
Not yet enforced
426
467
427
464
465
466
457
458
459
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Mot yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
460
461
462
469
470
475
476
477
Not yet enforced
478
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
278
279
280
281
282
283
284
285
292
293
294
295
296
297
298
299
300
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 10/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
301
302
303
Not yet enforced
Not yet enforced
Not yet enforced
479
481
483
Not yet enforced
484
Not yet enforced
488
306
Arrest of person trying to leave India or abscond
Dissolution of company by Tribunal
Appeals from orders made before commencement
of Act
Circumstances in which company may be wound up
voluntarily
Declaration of solvency in case of proposal to wind
up voluntarily
Meeting of creditors
Not yet enforced
307
308
309
310
Publication of resolution to wind up voluntarily
Commencement of voluntary winding up
Effect of voluntary winding up
Appointment of Company Liquidator
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
311
Power to remove and fill vacancy of Company
Liquidator
Notice of appointment of Company Liquidator to be
given to Registrar
Cesser of Board's powers on appointment of
Company Liquidator
Powers and duties of Company Liquidator in voluntary
winding up
Appointment of committees
Company Liquidator to submit report on progress of
winding up
Report of Company Liquidator to Tribunal for
examination of persons
Final meeting and dissolution of company
Not yet enforced
500
501
485
486
487
490
502
504
492
506
493
516
491
505
512
Not yet enforced
Not yet enforced
Not yet enforced
511
517
Not yet enforced
518
Not yet enforced
Not yet enforced
Not yet enforced
520
528
529
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
529A
530
531
531A
532
533
Not yet enforced
Not yet enforced
Not yet enforced
534
535
536
Not yet enforced
537
336
Power of Company Liquidator to accept shares, etc.,
as consideration for sale of property of company
Distribution of property of company
Arrangement when binding on company and
creditors
Power to apply to Tribunal to have questions
determined, etc.
Costs of voluntary winding up
Debts of all descriptions to be admitted to proof
Application of insolvency rules in winding up of
insolvent companies
Overriding preferential payments
Preferential payments
Fraudulent preference
Transfers not in good faith to be void
Certain transfers to be void
Liabilities and rights of certain persons fraudulently
preferred
Effect of floating charge
Disclaimer of onerous property
Transfers, etc., after commencement of winding up to
be void
Certain attachments, executions, etc., in winding up
by Tribunal to be void
Offences by officers of companies in liquidation
497
509
494
Not yet enforced
337
338
339
340
Penalty for frauds by officers
Liability where proper accounts not kept
Liability for fraudulent conduct of business
Power of Tribunal to assess damages
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
538
539
540
541
542
543
304
305
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
against
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
503
496
508
519
Page 11/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
delinquent directors, etc.
Liability under sections 339 and 340 to extend to
partners or directors in firms or companies
342
Prosecution of delinquent officers and members of
company
343
Company Liquidator to exercise certain powers
subject to sanction
344
Statement that a company is in liquidation
345
Books and papers of company to be evidence
346
Inspection of books and papers by creditors and
contributories
347
Disposal of books and papers of company
348
Information as to pending liquidations
349
Official Liquidator to make payments into public
account of India
350
Company Liquidator to deposit monies into
scheduled bank
351
Liquidator not to deposit monies into private banking
account
352
Company Liquidation Dividend and Undistributed
Assets Account
353
Liquidator to make returns, etc.
354
Meetings to ascertain wishes of creditors or
contributories
355
Court, Tribunal or person, etc., before whom affidavit
may be sworn
356
Powers of Tribunal to declare dissolution of company
void
357
Commencement of winding up by Tribunal
358
Exclusion of certain time in computing period of
limitation
359
Appointment of Official Liquidator
360
Powers and functions of Official Liquidator
361
Summary procedure for liquidation
362
Sale of assets and recovery of debts due to company
363
Settlement of claims of creditors by Official Liquidator
364
Appeal by creditor
365
Order of dissolution of company
366
Companies capable of being registered
367
Certificate of registration of existing companies
368
Vesting of property on registration
369
Saving of existing liabilities
370 [Except Continuation of pending legal proceedings
the proviso]
371
Effect of registration under this part
372
Power of Court to stay or restrain proceedings
341
Not yet enforced
544
Not yet enforced
545
Not yet enforced
546
Not yet enforced
Not yet enforced
Not yet enforced
547
548
549
Not yet enforced
Not yet enforced
Not yet enforced
550
551
552
Not yet enforced
553
Not yet enforced
554
Not yet enforced
555
Not yet enforced
Not yet enforced
556
557
Not yet enforced
558
Not yet enforced
559
Not yet enforced
Not yet enforced
441
458A
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
-
1-4-2014
Not yet enforced
580
586
581
587
373
Suits stayed on winding up order
Not yet enforced
374
375
Obligations of Companies registering under this Part
Winding up of unregistered companies
1-4-2014
Not yet enforced
376
Power to wind up foreign companies, although
dissolved
Provisions of Chapter cumulative
Saving and construction of enactments conferring
power to wind up partnership firm, association or
company, etc., in certain cases
Application of Act to foreign companies
Documents etc., to be delivered to Registrar by
foreign companies
Not yet enforced
582
583
584
Not yet enforced
Not yet enforced
589
590
377
378
379
380
12-9-2013
1-4-2014
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 12/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
381
382
383
384
Accounts of foreign company
Display of name, etc., of foreign company
Service on foreign company
Debentures, annual return, registration of charges,
books of account and their inspection
385
Fee for registration of documents
386 [Except Interpretation
clause (a)]
386(a)
Interpretation
387
Dating of prospectus and particulars to be contained
therein
388
Provisions as to expert's consent and allotment
389
Registration of prospectus
390
Offer of Indian Depository Receipts
391(1)
Application of sections 34 to 36 and Chapter XX
392
Punishment for contravention
393
Company's failure to comply with provisions of this
Chapter not to affect validity of contracts, etc.
394
Annual reports on Government companies
395
Annual reports where one or more State Governments
are members of companies
396
Registration offices
397
Admissibility of certain documents as evidence
398
Provisions relating to filing of applications, documents,
inspection, etc., in electronic form
399 [Except Inspection, production and evidence of documents
reference of kept by Registrar
word
'Tribunal' in
sub-section
(2)]
400
Electronic form to be exclusive, alternative or in
addition to physical form
401
416
Provision of value added services through electronic
form
Application of provisions of Information Technology
Act, 2000
Fee for filing etc.
Fees, etc., to be credited into public account
Power of Central Government to direct companies to
furnish information or statistics
Power to modify Act in its application to Nidhis
National Company Law Tribunal and Appellate
Tribunal Definitions of
Constitution of National Company Law Tribunal
Qualification of President and Members of Tribunal
Constitution of Appellate Tribunal
Qualifications of Chairperson and Members of
Appellate Tribunal
Selection of Members of Tribunal and Appellate
Tribunal
Term of office of President, Chairperson and other
Members
Salary, allowances and other terms and conditions of
service of Members
Acting President and Chairperson of Tribunal or
Appellate Tribunal
Resignation of Members
417
Removal of Members
402
403
404
405
406
407
408
409
410
411
412
413
414
415
1-4-2014
12-9-2013
12-9-2013
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
12-9-2013
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Not yet enforced
Not yet enforced
Not yet enforced
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
10FH
10FS
10FI
10FU
10FJ
Page 13/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
418
Staff of Tribunal and Appellate Tribunal
Not yet enforced
419
420
421
422
Benches of Tribunal
Orders of Tribunal
Appeal from orders of Tribunal
Expeditious disposal by Tribunal and Appellate
Tribunal
Appeal to Supreme Court
Procedure before Tribunal and Appellate Tribunal
Power to punish for contempt
Delegation of powers
President, Members, officers, etc., to be public
servants
Protection of action taken in good faith
Power to seek assistance of Chief Metropolitan
Magistrate, etc.
Civil court not to have jurisdiction
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
10FV
10FK
10GA
10FL
10FM
10FQ
-
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
10GF
10FZA
10G
10FO
10FY
Not yet enforced
Not yet enforced
10FZ
10FP
Not yet enforced
Vacancy in Tribunal or Appellate Tribunal not to
invalidate acts or proceedings
Right to legal representation
Limitation
Transfer of certain pending proceedings
Establishment of Special Courts
Offences triable by Special Courts
Appeal and revision
Application of Code to proceedings before a Special
Court
Offences to be non-cognizable
Transitional provisions
Compounding of certain offences
Mediation and Conciliation Panel
Power of Central Government to appoint company
prosecutors
Appeal against acquittal
Compensation for accusation without reasonable
cause
Application of fines
Punishment for fraud
Punishment for false statement
Punishment for false evidence
Punishment where no specific penalty or punishment
is provided
Punishment in case of repeated default
Punishment for wrongful withholding of property
Punishment for improper use of "Limited" or "Private
Limited"
Adjudication of penalties
Dormant company
Protection of action taken in good faith
Non-disclosure of information in certain cases
Delegation by Central Government of its powers and
functions
Powers of Central Government or Tribunal to accord
approval, etc., subject to conditions and to prescribe
fees on applications
Condonation of delay in certain cases
Annual report by Central Government
Power to exempt class or classes of companies from
provisions of this Act
Not yet enforced
10
10GB
10GC
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
Not yet enforced
10GD
10GE
647A
-
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
12-9-2013
Not yet enforced
Not yet enforced
1-4-2014
12-9-2013
621A
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
1-4-2014
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
12-9-2013
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 14/15
Clarification on applicable sections of Companies Act/s for June 2015 term of Examination
463
464
465
466
467
468
469
470
Sch. I
Sch. II
Sch. Ill
Sch. IV
Sch. V
Sch. VI
Sch. VII
Power of Court to grant relief in certain cases
Prohibition of association or partnership of persons
exceeding certain number
Repeal of certain enactments and savings
Dissolution
of
Company
Law
Board
and
consequential provisions
Power of Central Government to amend Schedules
Powers of Central Government to make rules relating
to winding up
Power of Central Government to make rules
Power to remove difficulties
Memorandum of association of a company limited by
shares
Useful lives to compute depreciation
General instructions for preparation of balance sheet
and statement of profit and loss of a company
Code for independent directors
Conditions to be fulfilled for the appointment of a
managing or whole-time director or a manager
without the approval of the Central Government
Infrastructure projects / facilities
Activities which may be included by companies in
their corporate social responsibility policies
12-9-2013
1-4-2014
Not yet enforced
Not yet enforced
2(10A)
10E
10F
581A to 581ZT
634A
645
646
647
648
652
653
654
656
658
10FA
12-9-2013
12-9-2013
12-9-2013
12-9-2013
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
1-4-2014
The list of sections are verified with the website information from the Ministry of Corporate Affairs, Government of India
(www.mca.gov.in), till the date and time of issuance of this clarification circular.
Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament)
Page 15/15