1. Short title, commencement and interpretation -
(1) These regulations may be called the Company Law Board Regulations, 1991.
(2) They shall come into force on the date of their publication in the Official
Gazette.
(3) The General Clauses Act, 1897 (10 of 1897), applies to the interpretation of
these regulations as it applies to the interpretations of a Central Act.
2. Definitions -
(1) In these regulations, unless the context otherwise requires, -
(a) "Act" means the Companies Act, 1956 (1 of 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) "Authorised representative" means a person authorised in writing by a
party under sub-regulation (2) of regulation 19 to function before a Bench
as the representative of such party ;
(e) "Bench" means a Bench of the Board and includes the principal Bench and
a member sitting singly ;
(f) "Bench Officer" means an officer notified by the Board for the purpose of
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(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 (1 of 1872) ;
(i) "Chairman" means Chairman of the Board ;
(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 (2 of 1934), and
a foreign company ;
(k) "Filed" means filed in the office of the Bench ;
(l) "Form" means a form specified in Annexure II ;
(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 (54 of 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 or the
Reserve Bank of India Act, 1934 (2 of 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;
(y) "Vice Chairman" means Vice Chairman of the Board.
(2) Words or expressions occurring in these regulations and not defined in subregulation (1) shall bear the same meaning as in the Act.