# Section 1 — Short Title, Extent, Commencement and Application
Section 1 is the very first section of the Companies Act, 2013. It lays down four important things:
## 1. Short Title
This Act may be called 'The Companies Act, 2013'.
## 2. Extent
It extends to the whole of India.
> ⚠️ Earlier, certain provisions had limited application to Jammu & Kashmir. After the abrogation of Article 370 (2019), the Act extends to the whole of India without exception.
## 3. Commencement
The Act came into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Different dates may be appointed for different provisions.
Section 1 itself came into force on the date of Presidential assent (29 August 2013).
## 4. Application
The Act applies to:
| (a) | All companies incorporated under this Act or any previous company law |
| (b) | Insurance companies — except where the provisions are inconsistent with the Insurance Act, 1938 / IRDA Act, 1999 |
| (c) | Banking companies — except where inconsistent with the Banking Regulation Act, 1949 |
| (d) | Companies engaged in generation/supply of electricity — except where inconsistent with the Electricity Act, 2003 |
| (e) | Companies governed by any other special Act — to the extent not inconsistent with that special Act |
| (f) | Such other body corporate as the Central Government may, by notification, specify |
## Key Principle: Special law overrides general law
For companies governed by special Acts (Insurance, Banking, Electricity), the special Act prevails over the Companies Act, 2013 to the extent of any inconsistency.
Worked example
### Example 1
Example 1: ICICI Bank is a banking company. The Banking Regulation Act, 1949 prescribes specific provisions for appointment of MD/CEO that differ from those in the Companies Act. In case of conflict, the Banking Regulation Act prevails. Other matters (e.g., maintenance of registers of members) continue to be governed by the Companies Act, 2013.
### Example 2
Example 2: LIC was originally governed by the LIC Act, 1956. After becoming a 'company', it became subject to the Companies Act, 2013 — but in case of conflict between the two on any matter, the special law (LIC Act) prevails.
⚠️ Common exam mistakes
Stating that the Companies Act applies only to private and public companies — it also extends to insurance, banking, electricity, and any other body corporate notified by the Central Government.
Believing that the entire Act came into force on a single date — different sections were notified on different dates.
Forgetting the 'whole of India' extent now includes J&K post-2019.
Bare-Act text Section 1 · Companies Act, 2013 · click to expand
1. (1) This Act may be called the Companies Act, 2013. (2) It extends to the whole of India. (3) It 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.