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Company Law Board Regulations, 1991

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 and applications by which an interlocutory proceeding is commenced before a Bench;

d.    “Authorised 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.

e.     “Bench” means a Bench of the Board and includes the Principal Bench, 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 Board 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 suggestion 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 regulation 35,40 and 42 of these regulations’

s.     “Regional Director’” means a person appointed by the Central Government as a Regional Director for the purpose of the Act;

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

u.     “Sealed” means sealed with the seal of the ‘Board’ of ‘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;

x.     Omitted by Amendment Regulations, 1997

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.

Company Law Board Regulations, 1991 Back

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