The Companies Act 1956 is an
Act of the Parliament of India, enacted in 1956, which enabled companies to be
formed by registration, and set out the responsibilities of companies, their
directors and secretaries. The Companies Act 1956 is administered by the
Government of India through the Ministry of Corporate Affairs and the Offices
of R
egistrar of Companies, Official Liquidators, Public Trustee,
Company Law Board, Director of Inspection, etc. The Registrar of Companies
(ROC) handles incorporation of new companies and the administration of running
companies. Since its commencement, it has been amended many times, in which amendment
of 1988, 1990, 1996, 2000 and 2011 are notable.
Like most of Indian acts, it also extends to the whole
India except State of Jammu and Kashmir (SECTION 3). Notwithstanding anything
contained in the Act every company, international or indigenous will work under
the provisions of the Act.This Act is general in nature and not subrogative. So
if a special Legislation applies on a Company, then the Company has to, in
addition to Companies Act, must comply the special Legislation. For example,
all banking Companies in India has to comply Banking Regulation Act 1949, in
addition to the Companies Act 1956.Used in commercial application.......
The Act is 658 sections long. It contains provisions about
Companies, directors of the companies, memorandum and articles of associations,
etc. This act states and discusses every single provision requires or may need
to govern a company.1956
The Company Law Board is an independent quasi-judicial body in
India which has powers to overlook the
behavior of companies within the Company Law. The concept of
Company Law Board in its present form was introduced through an amendment to
the Companies Act of 1956 in the year 1988. It was constituted in its present
form on May 31, 1991.Under Section 10(E) of the Companies Act, 1956 replacing
the erstwhile Company Law Board which
was primarily as a delegates of the
Central government since 1.2.1964. The Company Law Board has framed Company Law
Board Regulations 1991 wherein all the procedure for filing the
applications/petitions before the Company Law Board has been prescribed. The
Central Government has also prescribed the fees for making
applications/petitions before the Company Law Board under the Company Law Board
(Fees on applications and Petitions) Rules 1991.
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