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183 sections and 13 sub-sections of the already notified sections and all the Schedules of the Companies Act 2013 have been notified by MCA on 26th March, 2014 and made applicable from 01.04.2014.

The Ministry of Corporate Affairs has started implementation of the Companies Act 2013, in a phased manner. In the process, MCA has notified vide notification dated 26.03.2014,  183 sections of Companies Act,2013 which are effective from 1st April 2014. MCA has earlier notified 98 Section of the Companies Act, 2013 vide its notification dated 12th September 2013. MCA has also notified vide its Notification dated 27 Feb 2014 Section 135 of the Companies Act,2013 alongwith  Schedule VII of the Companies Act and Rules related to Corporate Social Responsibility (CSR) to come into effect from 01.04.2014.

In addition to that 183 sections and 13 sub-sections of the already notified sections and rest of the schedules of the Companies Act, 2013 have been notified by the Ministry of Corporate Affairs (MCA) on 26th March, 2014 and are made applicable from 1st April, 2014.

Further, we would like to mention here that under Chapter IX (Accounts of Companies), Section 130 (Re-opening of Accounts on Court’s or Tribunal’s order), Section 131 (Voluntary Revision of financial statements or Board’s Report) and Section 132 (Constitution of NFRA) have not been notified till date. Also Section 245 (Class Action Suits) has not been notified now by MCA.

With Notification dated 26.03.2014 MCA has till dated notified 282 section of the Companies Act out of total 470 Acts of the Companies Act, 2013.

——————————

[To be published in the Gazette of India, Extraordinary,

Part II, Section 3, Sub-section (ii)]

Government of India

Ministry of Corporate Affairs

Notification

New Delhi, the 26th March 2014

S.O. 902(E). 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:-

SL. No.

Sections

1

Section 2

2

clause (2);

3

clause (7);

4

clause (13);

5

clause (31);

6

clause (41);

7

clause  (42);

8

clause (47) and clause (48);

9

clause (62);

10

clause (83);

11

clause (85);

12

Explanation (d) of clause (87);

13

Sections 3 to 6 (both inclusive);

14

Section 7 [except sub-section (7)];

15

Section 8 [except sub-section (9)];

16

Sections 9 to 13 (both inclusive);

17

Section 14 [except second proviso to sub-section (1) and sub-section (2)];

18

Sections 15 to 18 (both inclusive);

19

Section 20;

20

clause (b) of sub-section (1) and sub-section (2) of section 23;

21

sub-section (3) of section 25;

22

Sections 26 to 28 (both inclusive);

23

Sub-section (3) of section 33;

24

Clause (e) of sub-section (1) of section 35;

25

Sub-section (4) of section 39;

26

Sub-section (6) of section 40;

27

Sections 41 and 42 (both inclusive);

28

Section 43;

29

Sections 46 and 47 (both inclusive);

30

Sections 52 to 54 (both inclusive);

31

Section 55 except sub-section (3);

32

Section 56;

33

Section 61 [except proviso to clause (b) of sub-section (1)];

34

Section 62 [except sub-sections (4) to (6)];

35

Sections 63 and 64 (both inclusive);

36

Sections 67 and 68 (both inclusive);

37

Sub-section (2) of section 70;

38

Section 71 [except sub-sections (9) to (11)1;

39

Section 72;

40

Section 73;

41

Sub-section (1) of section 74;

42

Section 76;

43

Sections 77 to 85 (both inclusive);

44

Sections 87 to 90 (both inclusive);

45

Sections 92 to Section 96 (both inclusive);

46

Sub-section (6) of section 100;

47

Section 101;

48

Third and Fourth proviso to sub-section (1) and sub-section (7) of section 105;

49

Sections 108 to 110 (both inclusive);

50

Clause (b) of sub-section (1) of section 113;

51

Section 115;

52

Sections 117 and 118 (both inclusive);

53

Section 119 [except sub-section (4)];

54

Sections 120 to 122 (both inclusive);

55

Section 123;

56

Section 126;

57

Sections 128 and 129 (both inclusive);

58

Section 134;

59

Sections 136 to 139 (both inclusive);

60

Section 140 [except second proviso to sub-section (4) and sub-section (5)];

61

Sections 141 to 160 (both inclusive);

62

Sub-section (2) of section 161;

63

Sections 164 to 168 (both inclusive);

64

Section 169 except sub-section (4);

65

Sections 170 to 172 (both inclusive);

66

Sections 173 to 175     (both inclusive);

67

Sections 177 to 179     (both inclusive);

68

Section 184;

69

Sections 186 to 191 (both inclusive);

70

Section 193;

71

Sections 196 to 201 (both inclusive);

72

Sections 203 to 205 (both inclusive);

73

Section 206 to 209 (both inclusive);

74

Section 210;

75

Section 211;

76

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)];

77

Sections 214 and 215;

78

Section 216 [except sub-section (2)];

79

Section 217;

80

Sections 219 and 220 (both inclusive);

81

Section 223;

82

Section 224 [except sub-section (2) and (5)];

83

Section 225;

84

Sections 228 and 229 (both inclusive);

85

Sections 366 to 369 (both inclusive);

86

Section 370 (except the proviso);

87

Section 371;

88

Section 374;

89

Sections 380 and 381 (both inclusive);

90

Sections 384 and 385 (both inclusive);

91

Clause (a) of section 386;

92

Sections 387 to 390 (both inclusive);

93

Sub-section (1) of section 391;

94

Sections 392 and 393 (both inclusive);

95

Section 395;

96

Sections 396 to 398 (both inclusive);

97

Section 399 [except reference of word Tribunal in sub-section (2)];

98

Sections 400 to 404 (both inclusive);

99

Section 406;

100

Section 442;

101

Sections 454 and 455 (both inclusive);

102

Section 464;

103

Schedule – I;

104

Schedule    II;

105

Schedule   IIl;

106

Schedule    IV;

107

Schedule   V;

108

Schedule   VI.

 [File No. 1/5 /2013-CL. V]

RENUKA KUMAR,

Joint Secretary to the Government of India

Download MCA Notification Dated 26.03.2014

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0 Comments

  1. Dr.pannalal nawalkha says:

    Companies formed under section 25 by land owners with sharing of flats in the grand geejgarh apartments and looking after maintenance work of apartments ,if have proven evidences of running it like business of fraud in collusion with builder. Kindly guide if based on evidences of fraud,false facts,monetary gain to promoters,Can this company be prosecuted/delisted?Despite 102 flats with nearly 100 owners,can this privately floated company by two land owners as promoters is not illegal in handling funds and siphoning/agreeing to reduce corpus of funds through MOU among company promoters ,same people as landowners,and builders,also with some of them as apartment owners.? Pitiable apartment owners have only way left is court redress all or tolerate as cheated apartment owner. My request :can we not ban formation of company for maintenanance of apartments. Dr.p.l.nawalkha

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