Rules and Regulations of India

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Section 2 – The Company Law Board Regulations, 1991

2. Definitions

(1) In these Regulations, unless the context otherwise requires,-

 

(a) “Act” means the Companies Act, 1956;

         

(b) “Annexure” means an Annexure to these Regulations;

 

(c) “Application” means an application by which an interlocutory proceeding is commenced before a Bench;

 

(d) “Authorized representative” means a person authorized in writing by a party under sub-regulation (2) of regulation 19 to function before a Bench as the representative of such party;

 

3[(e) “Bench” means a bench of the Board and includes the Principal Bench 3A[, Additional Principal Bench] and a member sitting singly;]

 

(f) “Bench Officer” means an officer notified by the Board for the purpose of-

 

(i) receiving, examining and processing of applications; and

 

(ii) performing such other functions as may be entrusted to him by or under these Regulations;

 

(g) “Board” means the Board of Company Law Administration, constituted under section 10E of the Act;

 

(h) “Certified” means, in relation to a copy, certified as provided in section 76 of the Indian Evidence Act, 1872;

 

(i) “Chairman” means Chairman of the Board;

 

4[(j) “company” includes a non-banking financial company as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 and a foreign company;]

 

(k) “Filed” means filed in the office of the Bench;

 

(l) “Form” means a form specified in Annexure II;

 

3[(m) “Member” means a Member (whether judicial or technical,) of the Board and includes the Chairman and Vice Chairman;]

 

(n) “The Monopolies Act” means the Monopolies and Restrictive Trade Practices Act, 1969;

 

(o) “Office of the Bench” means the office of the Bench Officer:,

 

(p) “Party” means a person who files an application or petition before a Bench, the respondent, the Registrar of Companies or the Regional Director and includes any person who has a right under the Act 5[or the Reserve Bank of India Act, 1934] to make suggestions or objections;

 

(q) “Petition” means an application, appeal or complaint in pursuance of which any proceeding, not being an interlocutory proceeding, is commenced by the Bench;

 

(r) “Reference” means a reference within the meaning of regulations 35, 40 and 42 of these Regulations;

 

(s) “Regional Director” means a person appointed by the Central Government as a Regional Director for the purposes of the Act;

 

(t) “Registrar” means Registrar of Companies appointed under the Act;

 

(u) “Sealed” means sealed with the seal of the ‘Board’ or ‘Bench’;

 

(v) “Secretary” means Secretary to the Board and includes “Under- Secretary” to the Board and any other officer, by whatever name called, to whom powers and duties of Secretary may be entrusted under regulation 31;

 

(w) “Section” means a section of the Act;

 

6[(x) [***]]

 

7[(y) “Vice Chairman” means Vice Chairman of the Board.]

 

(2) Words or expressions occurring in these Regulations and not defined in sub-regulation (1) shall bear the same meaning as in the Act.

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