Ministry of Corporate Affairs issues Notification for Commencement of 98 Sections of the New Act
The Companies Act, 2013 as passed by the Parliament and assented to by the President of India is available on the Ministry of Corporate Affairs’ website at www.mca.gov.in. The Ministry has initiated the process to implement the new Act in consultation with concerned regulatory authorities, Ministry of Law & Justice and other stakeholders. The first set of draft rules has also been placed on the Ministry’s website on 9th September, 2013. The relevant Forms under such rules and remaining draft rules/forms are also being released for public comments shortly.
It has therefore been decided to enforce the provisions of the new legislation in phases. The provisions of the new Act which require statutory/regulatory consultation or functioning of new bodies or prescription of relevant rules/forms will be brought in force after the preparatory action is completed. In the first instance it has been decided to notify those provisions of the Act which do not require such preparations. Accordingly, a notification for commencement of 98 sections of the new Act has been issued by the Ministry today i.e. 12th September, 2013. The details of provisions brought in effect are available on the web-site of the Ministry of Corporate Affairs.
Government of India
Ministry of Corporate Affairs
Notification
New Delhi, the 12th September 2013
S.O. (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 12th day of September, 2013 as the date of which the following provisions of the said Act shall come into force, namely:-
| SL. No. | Section | ||
| 1. | 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); | |||
| 2. | Section 19 | ||
| 3. | Section 21 | ||
| 4. | Section 22; | ||
| 5. | Section 23 [except clause (b) of sub-section (1) and sub-section 2)]; | ||
| 6. | Section 24; | ||
| 7. | Section 25 [except sub-section (3)]; | ||
| 8. | Sections 29 to 32 (both inclusive); | ||
| 9. | Section 33 [except sub-section (3)]; | ||
| 10. | Section 34; | ||
| 11. | Section 35 [except clause (e) of sub-section (1)]; | ||
| 12. | Sections 36 to 38 (both inclusive); | ||
| 13. | Section 39 [except sub-section (4)]; | ||
| 14. | Section 40 [except sub-section (6)]; | ||
| 15. | Sections 44 and 45; | ||
| 16. | Sections 49 to 51 (both inclusive); | ||
| 17. | Sections 57 to 60 (both inclusive); | ||
| 18. | Section 65; | ||
| 19. | Section 69; | ||
| 20. | Section 70 [except sub-section (2)]; | ||
| 21. | Section 86; | ||
| 22. | Section 91; | ||
| 23. | Section 100 [except sub-section (6)]; | ||
| 24. | Section 102; | ||
| 25. | Section 103; | ||
| 26. | Section 104; | ||
| 27. | Section 105 [except the third and fourth proviso of sub-section (1) and sub-section (7)]; | ||
| 28. | Section 106; | ||
| 29. | Section 107; | ||
| 30. | Section 111; | ||
| 31. | Section 112; | ||
| 32. | Section 113 [except clause (b) of sub-section (1)]; | ||
| 33. | Section 114; | ||
| 34. | Section 116; | ||
| 35. | Section 127; | ||
| 36. | Section 133; | ||
| 37. | Section 161 [except sub-section (2)]; | ||
| 38. | Sections 162 and 163; | ||
| 39. | Section 176; | ||
| 40. | Sections 180 to 183 (both inclusive); | ||
| 41. | Section 185; | ||
| 42. | Section 192; | ||
| 43. | Section 194; | ||
| 44. | Section 195; | ||
| 45. | Section 202; | ||
| 46. | Section 379; | ||
| 47. | Sections 382 and 383; | ||
| 48. | Section 386 [except clause (a)]; | ||
| 49 | Section 394; | ||
| 50. | Section 405; | ||
| 51. | Sections 407 to 414 (both inclusive); | ||
| 52. | Section 439; | ||
| 53. | Sections 443 to 453 (both inclusive); | ||
| 54. | Sections 456 to 463 (both inclusive); | ||
| 55. | Sections 467 to 470 (both inclusive). | ||
[File No. 1 /15 /2013-CL. V]
RENUKA KUMAR,
Joint Secretary to the Government of India
