Preliminary
1. This Act may be called the Companies Act, 2013.
2. It extends to the whole of India.
3. This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
4. The provisions of this Act shall apply to:—
a. companies incorporated under this Act or under any previous company law;
b. insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 or the Insurance Regulatory and Development Authority Act, 1999;
c. banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949;
d. companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003;
e. any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and
f. such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification.
Legal Commentary & Landmark Judgments: Section 1
Section 1 of the Companies Act, 2013 governs the short title, territorial extent, staggered phased commencement, and broad statutory applicability across all corporate vehicles incorporated in India, including banking, insurance, and statutory corporations.
In corporate litigation involving special entities (such as NBFCs, banks, or power utilities), examine the non-obstante clauses of the sectoral parent statute against the Companies Act. If a conflict exists, plead inconsistency under Section 1(4) to invoke the supremacy of the specialized regulatory enactment.