TaxTMI 
TaxTMI 
Definitions
X X X X Extracts X X X X
X X X X Extracts X X X X
....s Act, 1949 (10 of 1949);^[6] (6) "Board of directors" or "Board", in relation to a company, means the Board of directors of the company; (7) "body corporate" or "corporation" includes a company incorporated outside India but ^[7][does not include-  (a) a corporation sole;  (b) a co-operative society registered under any law relating to co-operative societies; and  (c) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification in the Official Gazette, specify in this behalf;] (8) "book and paper" and "book or paper" include accounts, deeds, ^[8][vouchers,] writings, and documents; ^[9][(9) "branch office" in relation to a company means^­­_____  (a) any establishment described as a branch by the company; or  (b) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the company; or  (c) any establishment engaged in any production,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....is a year or not:  Provided that, in relation to an insurance company, "financial year" shall mean the calendar year referred to in sub-section (1) of section 11 of the Insurance Act, 1938 (4 of 1938); (18) "Government company" means a Government company within the meaning of section 617; ^[15][(18A) * * *] (19) "holding company" means a holding company within the meaning of section 4; ^[16][(19A) "hybrid" means any security which has the character of more than one type of security, including their derivatives; ^[17][(19AA) "industrial company" means a company which owns one or more industrial undertakings; (19AB) "industrial undertaking" means any undertaking, pertaining to any industry carried on in one or more factories or units by any company, as defined in clause (aa) of section 3 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) but does not include a small-scale industrial undertaking as defined in clause (j) of that section;] (19B) "information memorandum" means a process undertaken prior to the filing of a prospectus by which a demand for the securities proposed to be issued by a company is elicite....
X X X X Extracts X X X X
X X X X Extracts X X X X
....directors;] (27) "member", in relation to a company, does not include a bearer of a share-warrant of the company issued in pursuance of section 114; (28) "memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous companies law or of this Act; (29) "modify" and "modification" shall include the making of additions and omissions; ^[23][(29A) "net worth" means the sum total of the paid-up capital and free reserves after deducting the provisions or expenses as may be prescribed.  Explanation. For the purposes of this clause, "free reserves" means all reserves created out of the profits and share premium account but does not include reserves created out of revaluation of assets, write back of depreciation provisions and amalgamation;] ^[24][(30) "officer" includes any director, manager or secretary or any person in accordance with whose directions or instructions the Board of directors or any one or more of the directors is or are accustomed to act;] (31) "officer who is in default", in relation to any provision referred to in section 5, has the meanin....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of that provision; (40) "Registrar" means a Registrar, or an Additional, a Joint, a Deputy or an Assistant Registrar, having the duty of registering companies under this Act; (41) "relative" means, with reference to any person, any one who is related to such person in any of the ways specified in section 6, and no others; (42) "Schedule" means a Schedule annexed to this Act; (43) "Scheduled Bank" has the same meaning as in the Reserve Bank of India Act, 1934 (2 of 1934); ^[32](44) [Omitted by the Companies (Amendment) Act, 200, w.e.f. 13-12-2000;] ^[33][(45) "secretary" means a Company Secretary within the meaning of clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980 (56 of 1980), and includes any other individual possessing the prescribed qualifications^[34] and appointed to perform the duties which may be performed by a secretary under this Act and any other ministerial or administrative duties; ^[35][(45A) "secretary in whole-time practice" means a secretary who shall be deemed to be in practice within the meaning of sub-section (2) of section 2 of the Company Secretaries Act, 1980 (56 of 1980), and who is not in full-time emplo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ituted under sub-section (1) of section 10FB;] (50) "variation" shall include abrogation; and "vary" shall include abrogate. ------------------------------------------------- Notes : [1] Inserted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [2] Renumbered for clause (1) by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. (Clause (1) renumbered as clause (1A) by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [3] Inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1-4-2003. [4]Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. It related to managing agents which had become redundant after the abolition of the system by Act 17 of 1969, w.e.f. 3-4-1970. [5]Omitted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. It related to managing agents which had become redundant after the abolition of the system by Act 17 of 1969, w.e.f. 3-4-1970. [6] Now the Banking Regulation Act, 1949 (10 of 1949). [7] Substituted by Act 65 of 1960, section 2, for "does not include a corporation sole." (Substituted for "does not include a corporation sole" by the Companies (Amendment) Act, 1960.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....naging agent or the secretaries and treasurers is or are a body corporate, any director or manager of the body corporate; (c) * * * but, save in sections 477, 478, 539, 543, 545, 621, 625 and 633, does not include an auditor;" [25] Inserted by the Companies (Amendment) Act, 2000, w.e.f. 13-12-2000. [26] Inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1-4-2003. [27] Substituted by Act 65 of 1960, section 2, [Substituted for "sub-section (1) of section 549 and sub-section (3) of section 550" by the Companies (Amendment) Act, 1960]. [28] Substituted for "High Courts" by the Companies (Second Amendment) Act, 2002, w.e.f. 1-4-2003. [29] Substituted by Act 65 of 1960, section 2, for "sub-section (1) of section 549 and sub-section (3) of section 550".[Substituted for "sub-section (1) of section 549 and sub-section (3) of section 550" by the Companies (Amendment) Act, 1960]. [30] Substituted for any "any prospectus" by the Companies (Amendment) Act, 1960, of 65 of 1960, of section 2. [31] Inserted by the Companies (Amendment) Act, 1974, of 41 of 1974, section 2, w.e.f. 1-2-1975. [32] Omitted by the Companies (Amendment) Act, 2000 as provisions r....