In this Act, unless there is anything repugnant in the subject or context:-(1)" articles " means the articles of association of a company as originally framed or as altered by special resolution, including, so far as they apply to the company, the regulations contained (as th case may be) in Table B in the Schedule annexed to Act No, XIX of 1857 or Table A in the First Schedule annexe to the Indian Companies Act, 1882, or in Table A in the First Schedule annexe to this Act.(2)"company" means a company formed and registered under this Act or an existing company:(3)"The Court" means the Court having jurisdiction under this Act:(4)"Debenture" includes debenture stock:(5)"Director" includes any person occupying the position of a director by whatever name called:(6)"District Court” means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction:(7)"Existing company" means a company formed and registered under the Indian Companies Act, 1866, or under any Act or Acts repealed thereby, or under the Indian Companies Act, 1882:(8)"Insurance company" means a company that carries on the business of insurance either solely or in common "with any other business or businesses:(9)"manager” includes any person occupying the position of a manager by whatever name called, and whether under a contract of service or not:(10)“Memorandum” means the memorandum of association of a company as originally framed or as altered in pursuance of the provisions of this Act:(11)"Officer" includes any director, manager or secretary but, save in sections 235, 236, and 237, does not include an auditor :(12)"prescribed” means, as respects the provisions of tins Act relating to the winding up of companies, prescribed by rules made by the High Court, and as respects; the other provisions of this Act, prescribed by the Governor General in Council:(13)“Private company which” means a Company which(i)by its articles:-(a)restricts the right to transfer its shares; and(b)limits the number of its members (exclusive of persons who are in the employ of the company) to fifty; and the(c)prohibits any invitation to the public to subscribe for shares or debentures of company :and(ii)continues to observe such restrictions, limitations and prohibitions:Provided that where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this definition, be considered as a single member;(14)“Prospectus” means any prospectus, notice, circular, advertisement or other invitation, offering to the public for subscription or purchase any shares or debentures of a company:(15)“The registrar” means a registrar or assistant registrar performing under this Act the duly of registration of companies: and(16)"Share" means share in the share capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied.
