The Indian Partnership Act, 1932

List of Amending Acts

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The Repealing and Amending Act, 1934 (24 of 1934). The Part B States (Laws) Act, 1951 (3 of 1951). ___________ LIST OF ABBREVIATIONS USED Cl.,cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections Sch. . . . . . ,, Schedule. Subs. . . . . . ,, Substituted w.e.f. . . . . . ,, with effect from

THE INDIAN PARTNERSHIP ACT, 1932

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THE INDIAN PARTNERSHIP ACT, 1932 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. Application of provisions of Act 9 of 1872. CHAPTER II THE NATURE OF PARTNERSHIP 4. Definition of “partnership”, “partner”, “firm” and “firm name”. Mode of determining existence of partnership.

SECTIONS

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Partner’s authority in an emergency. Effect of admissions by a partner., 24. Effect of notice to acting partner. Liability of a partner for acts of the firm. Liability of the firm for wrongful acts of a partner. Liability of firm for misapplication by partners.

SECTIONS

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Section 74 — Savings. SCHEDULE I

Rights where partnership contract is rescinded for fraud or misrepresentation. Right to restrain from use of firm name or firm property. Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. CHAPTER VII REGISTRATION OF FIRMS 56. Power to exempt from application of this Chapter.

THE INDIAN PARTNERSHIP ACT, 1932

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

Section 3 — Application of provisions of Act 9 of 1872

THE INDIAN PARTNERSHIP ACT, 1932 ACT NO. 9 OF 1932 [8th April, 1932.] An Act to define and amend the law relating to partnership. WHEREAS it is expedient to define and amend the law relating to partnership; it ishereby enacted as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Indian Partnership Act, 1932. 1 2 3 [(2) It extends to the whole of India [ ***].] (3) It shall come into force on the 1st day of October, 1932, except section 69, which shall come into force on the 1st day of October, 1933. STATE AMENDMENT Maharashtra Amendment of section 2 of Act IX of 1932.—In section 2 of the Indian Partnership Act, 1932 (IX of 1932), in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), after clause (c), the following clause shall be inserted, namely :— “(c-1) “Registrar” means the Registrar of Firms appointed under sub-section (1) of section 57 and includes the Deputy Registrar of Firms and Assistant Registrar of Firms appointed under sub-section (2) of that section;” [Vide Maharashtra Act 29 of 1984, s.

date on which the provisions of the Acts mentioned in the Schedule below shall come into force in

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Section 4 — Definition of “partnership”, “partner”, “firm” and “firm name”

Section 5 — Partnership not created by status

Section 6 — Mode of determining existence of partnership

Section 7 — Partnership at will

Section 8 — Particular partnership

Section 9 — General duties of partners

date on which the provisions of the Acts mentioned in the Schedule below shall come into force in the Union Territory of Goa, Daman and Diu. By order and in the name of the Lieutenant Governor of Goa, Daman and Diu. nd [Published in the Official Gazette Series I No. 22 January 1964) CHAPTER II THE NATURE OF PARTNERSHIP 4. Definition of “partnership”, “partner”, “firm” and “firm name”.—“Partnership” is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”. Partnership not created by status.—The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such business 6.

STATE AMENDMENT

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Section 10 — Duty to indemnify for loss caused by fraud

Section 11 — Determination of rights and duties of partners by contract between the partners. Agreements in restraint of trade

Section 12 — The conduct of the business

Section 13 — Mutual rights, and liabilities

STATE AMENDMENT Amendment of section 9 of Act IX of 1932.—In section 9 of the principal Act for the words “or his legal representative” the words “, his heir or legal representative” shall be substituted. [Vide Maharashtra Act 29 of 1984, s. Duty to indemnify for loss caused by fraud.—Everypartner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm. Determination of rights and duties of partners by contract between the partners. Agreements in restraint of trade.—(1) Subject to the provisions of this Act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing. Such contract may be varied by consent of all the partners, and such consent may be expressed or may be implied by a course of dealing. (2) Notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner. STATE AMENDMENT Amendment of section 12 of Act IX of 1932.—In section 12 of the principal Act,— (a) in clause (c), the word “and” appearing at the end shall be deleted ; (b) in clause (d), for the words “books of the firm.” The words “books of the firm; and” shall be substituted ; (c) after clause (d), the following clause shall be added, namely : — “(e) in the event of the death of a partner, his heirs or legal representatives or their duly authorised agents shall have a right of access to and to inspect and copy any of the books of the firm.”.

(i) in the ordinary and proper conduct of the business, and

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Section 14 — The property of the firm

Section 15 — Application of the property of the firm

Section 16 — Personal profits earned by partners

Section 17 — Rights and duties of partners—after a change in the firm, after the expiry of the term of the firm, and—where additional undertakings are carried out

Section 18 — Partner to be agent of the firm

Section 19 — Implied authority of partner as agent of the firm

(i) in the ordinary and proper conduct of the business, and (ii) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances; and (f) a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm. The property of the firm.—Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business. Application of the property of the firm.—Subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business. Personal profits earned by partners.—Subject to contract between the partners,— (a) if a partner derives any profits for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm; (b) if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business. Rights and duties of partners—after a change in the firm, after the expiry of the term of the firm, and—where additional undertakings are carried out.—Subject to contract between the partners,— (a) where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be; (b) where a firm constituted for a fixed term continues to carry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the incidents of partnership at will; and (c) where a firm constituted to carry out one or more adventures or undertakings carries out other adventures or undertakings, the mutual rights and duties of the partners in respect of the other adventures or undertakings are the same as those in respect of the original adventures or undertakings. Partner to be agent of the firm.— Subject to the provisions of this Act, a partner is the agent of the firm for the purposes of the business of the firm.

(e)admit any liability in a suit or proceeding against the firm,

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Section 20 — Extension and restriction of partner's implied authority

Section 21 — Partner’s authority in an emergency

Section 22 — Mode of doing act to bind firm

Section 23 — Effect of admissions by a partner

Section 24 — Effect of notice to acting partner

Section 25 — Liability of a partner for acts of the firm

Section 26 — Liability of the firm for wrongful acts of a partner

Section 27 — Liability of firm for misapplication by partners

Section 28 — Holding out

Section 29 — Rights of transferee of a partner’s interest

(e)admit any liability in a suit or proceeding against the firm, (f) acquire immovable property on behalf of the firm, (h) transfer immovable property belonging to the firm, or (g) enter into partnership on behalf of the firm. Extension and restriction of partner's implied authority.—The partners in a firm may, by contract between the partners, extend or restrict the implied authority of any partner. Effect of admissions by a partner.—An admission or representation made by a partner concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary course of business. Liability of a partner for acts of the firm.—Every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner. Liability of the firm for wrongful acts of a partner.—Where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same extent as the partner. Liability of firm for misapplication by partners.—Where— (a) a partner acting within his apparent authority receives money or property from a third party and misapplies it, or (b) a firm in the course of its business receives money or property from a third party, and the money or property is misapplied by any of the partners while it is in the custody of the firm, the firm is liable to make good the loss.

(2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled

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Section 30 — Minors admitted to the benefits of partnership

(2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled as against the remaining partners to receive the share of the assets of the firm to which the transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution. Minors admitted to the benefits of partnership.—(1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership. (2) Such minor has a right to such share of the property and of the profits of the firm as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm. (3) Such minor’s share is liable for the acts of the firm, but the minor is not personally liable for any such act. (4) Such minor may not sue the partners for an account or payment of his share of the property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48: Provided that all the partners acting together or any partner entitled to dissolve the firm upon notice to other partners may elect in such suit to dissolve the firm, and thereupon the Court shall proceed with the suit as one for dissolution and for settling accounts between the partners, and the amount of the share of the minor shall be determined along with the shares of the partners. (5) At any time within six months of his attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later, such person may give public notice that he has elected to become or that he has elected not to become a partner in the firm, and such notice shall determine his position as regards the firm: Provided that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the said six months. (6) Where any person has been admitted as a minor to the benefits of partnership in a firm, the burden of proving the fact that such person had no knowledge of such admission until a particular date after the expiry of six months of his attaining majority shall lie on the persons asserting that fact. (7) Where such person becomes a partner,— (a) his rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and (b) his share in the property and profits of the firm shall be the share to which he was entitled as a minor. (8)Where such person elects not to become a partner, — (a) his rights and liabilities shall continue to be those of a minor under this section up to the date on which he gives public notice, (b) his share shall not be liable for any acts of the firm done after the date of the notice, and (c) he shall be entitled to sue the partners for his share of the property and profits in accordance with sub-section (4). (9) Nothing in sub-sections (7) and (8) shall affect the provisions of section 28.

CHAPTER V

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Section 31 — Introduction of a partner

Section 32 — Retirement of a partner

Section 33 — Expulsion of a partner

Section 34 — Insolvency of a partner

Section 35 — Liability of estate of deceased partner

Section 36 — Rights of outgoing partner to carry on competing business. Agreements in restraint of trade

CHAPTER V INCOMING AND OUTGOING PARTNERS 31. Introduction of a partner.—(1) Subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners. (2) Subject to the provisions of section 30, a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he became a partner. Retirement of a partner.—(1) A partner may retire— (a) with the consent of all the other partners, (b) in accordance with an express agreement by the partners, or (c) where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire. (2) A retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement. (3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement: Provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner. (4) Notices under sub-section (3) may be given by the retired partner or by any partner of the reconstituted firm. Expulsion of a partner.—(1) Apartner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners. (2) The provisions of sub-sections (2), (3) and (4) of section 32 shall apply to an expelled partner as if he were a retired partner. Insolvency of a partner.—(1) Where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved. (2) Where under a contract between the partners the firm is not dissolved by the adjudication o fa partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made. Liability of estate of deceased partner. — Where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.

and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such

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Section 37 — Right of outgoing partner in certain cases to share subsequent profits

Section 38 — Revocation of continuing guarantee by change in firm

Section 39 — Dissolution of a firm

Section 40 — Dissolution by agreement

Section 41 — Compulsory dissolution

Section 42 — Dissolution on the happening of certain contingencies

Section 43 — Dissolution by notice of partnership at will

Section 44 — Dissolution by the Court

and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable. Right of outgoing partner in certain cases to share subsequent profits.—Where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the firm: Provided that whereby contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits; but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section. Revocation of continuing guarantee by change in firm. —A continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm. CHAPTER VI DISSOLUTION OF A FIRM 39. Dissolution by agreement.—A firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners. Dissolution on the happening of certain contingencies.—Subject to contract between the partners a firm is dissolved— (a) if constituted for a fixed term, by the expiry of that term; (b) if constituted to carry out one or more adventures or undertakings, by the completion thereof; (c) by the death of a partner; and (d) by the adjudication of a partner as an insolvent.

46. Right of partners to have business wound up after dissolution.—On the dissolution of a

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Section 45 — Liability for acts of partners done after dissolution

Section 46 — Right of partners to have business wound up after dissolution

Section 47 — Continuing authority of partners for purposes of winding up

Section 48 — Mode of settlement of accounts between partners

(a) that a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any other partner; (b) that a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner; (c) that a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business; (d) that a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of its business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with hint; (e) that a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), or has allowed it to be sold in the recovery of arrears of land-revenue or of any dues recoverable as arrears of land- revenue due by the partner; (f) that the business of the firm cannot be carried on save at a loss; or (g) on any ground which renders it just and equitable that the firm should be dissolved. Liability for acts of partners done after dissolution.—(1) Notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution: Provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner. (2) Notices under sub-section (1) may be given by any partner. Right of partners to have business wound up after dissolution.—On the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights. Continuing authority of partners for purposes of winding up.—After the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: Provided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent; but this proviso does not affect the liability of any person who has after the adjudication represented himself or knowingly permitted himself to be represented as a partner of the insolvent. Mode of settlement of accounts between partners. —In settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed: — (a) Losses, including deficiencies of capital, shall be paid first out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits. (b) The assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order:— (i) in paying the debts of the firm to third parties; (ii) in paying to each partner rateably what is due to him from the firm for advances as distinguished from capital;

(iii) in paying to each partner rateably what is due to him on account of capital; and

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Section 49 — Payment of firm debts and of separate debts

Section 50 — Personal profits earned after dissolution

Section 51 — Return of premium on premature dissolution

Section 52 — Rights where partnership contract is rescinded for fraud or misrepresentation

Section 53 — Right to restrain from use of firm name or firm property

Section 54 — Agreements in restraint of trade

(iii) in paying to each partner rateably what is due to him on account of capital; and (iv) the residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits. Payment of firm debts and of separate debts.—Where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. The separate property of any partner shall be applied first, in the payment of his separate debts, and the surplus (if any) in the payment of the debts of the firm. Personal profits earned after dissolution.—Subject to contract between the partners, the provisions of clause (a) of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up: Provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name. Return of premium on premature dissolution. —Where a partner has paid a premium on entering into partnership for a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless— (a) the dissolution is mainly due to his own misconduct, or (b) the dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it. Rights where partnership contract is rescinded for fraud or misrepresentation.—Where a contract creating partnership is rescinded on the ground of the fraud or misrepresentation of any of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled— (a) to a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed by him; (b) to rank as a creditor of the firm in respect of any payment made by him towards the debts of the firm; and (c) to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm.

55. Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. Agreements in

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Section 55 — Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. Agreements in restraint of trade

Section 56 — Power to exempt from application of this Chapter

Section 57 — Appointment of Registrars

Sale of goodwill after dissolution. Rights of buyer and seller of goodwill. Agreements in restraint of trade.—(1) In settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold either separately or along with other property of the firm. (2) Where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not— (a) use the firm name, (c) represent himself as carrying on the business of the firm, or (c) solicit the custom of persons who were dealing with the firm before its dissolution. (3) Any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the Indian Contract Act, 1872 (9 of 1872), such agreement shall be valid if the restrictions imposed are reasonable. CHAPTER VII REGISTRATION OF FIRMS 1 56. Power to exempt from application of this Chapter.—The [State Government of any State] may, by notification in the Official Gazette, direct that the provisions of this Chapter shall not apply to 2 [that State] or to any part thereof specified in the notification. Appointment of Registrars.—(1) The State Government may appoint Registrars of Firms for the purposes of this Act, and may define the areas within which they shall exercise their powers and perform their duties. (2) Every Registrar shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

9. Jt. Civil Registrar-cum-Sub-Registrar-I, Salcete Salcete Taluka

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Section 58 — Application for registration

Civil Registrar-cum-Sub-Registrar-I, Salcete Salcete Taluka 10. Civil Registrar-cum-Sub-Registrar, Quepem Quepem Taluka 11. Civil Registrar-cum-Sub-Registrar, Sanguem Sanguem Taluka 12. Civil Registrar-cum-Sub-Registrar, Canacona Canacona Taluka This Notification shall come into force with immediate effect. (Published in the Official Gazette Series I No. Appointment of Registrar of Firms and Deputy and Assistant Registrars of Firms.—(1) The State Government may, by notification in the Official Gazette, appoint a Registrar of Firms who shall exercise, perform and discharge the powers, functions and duties of the Registrar under this Act throughout the State of Maharashtra. (2) The State Government may likewise appoint one or more Deputy Registrars of Firms and Assistant Registrars of Firms who shall exercise, perform and discharge all or such of the powers, functions and duties of the Registrar and in such areas as the State Government may, by notification in the Official Gazette, specify. (3) The officers appointed under sub-section (1) and sub-section (2) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal code (XLV of 1860). ” [Vide Maharashtra Act 29 of 1984, s. Application for registration.—(1) The registration of a firm may be effected at any time by sending by post or delivering to the Registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating— (a) the firm name, (b) the place or principal place of business of the firm, (c) the names of any other places where the firm carries on business, (d) the date when each partner joined the firm, (e) the names in full and permanent addresses of the partners, and (f) the duration of the firm.

STATE AMENDMENT

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STATE AMENDMENT Goa, Daman and Diu The Government of Goa is hereby pleased to levy a non-refundable processing fee of Rs. 1,000/- (Rupees one thousand only) for processing the documents for registration of Partnership Firm under the Indian Partnership Act, 1932 (Central Act 9 of 1932). This Order shall come into force with effect from the 1st day of April, 2017. (Published in the Official Gazette Series I No. 52 (Extraordinary-2) dated 31-3-2017) (w.e.f. 10/. (3) The desired enclosed shall also be uploaded on website, by the applicant. (4) A firm name shall not contain the word Union, State, Land Mortgage, Land development, Cooperative, Gandhi, Reserve Bank or any of the words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing. (5) The prescribed fee of registration shall be submitted online after the online approval given by the Registrar. (6) After submitting the prescribed registration fee the digitally signed registration certificate may be downloaded from the website by the applicant. [Vide Uttarakhand Act 5 of 2019, s. 2] Rajasthan Amendment of section 58, Central Act IX of 1932.—For sub-section (3) of section 58 of the Indian Partnership Act, 1932 (Central Act IX of 1932), hereinafter referred to as the principal Act, the following sub-sections shall be substituted, namely :- "(3) No firm shall be registered by a name which, in the opinion of the State Government, is undesirable.

commencement of the Indian Partnership (Rajasthan Amendment) Act, 1971."

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Section 59 — Registration

(4) Except with the previous sanction in writing of the State Government, no firm shall be registered by a name which contains any of the following words, namely:- (a) 'Union', 'State', 'President', 'Republic' or any word expressing or implying the sanction, approval or patronage of the Central or any State Government ; and (b) 'Municipal', 'Chartered' or any word which suggests or is calculated to suggest connection with any municipality or other local authority: Provided that nothing in this sub-section shall apply to any firm registered before the date of the commencement of the Indian Partnership (Rajasthan Amendment) Act, 1971." [Vide Rajasthan Act 10 of 1971, s. 2] Maharashtra Amendment of section 58 of Act IX of 1932.—In section 58 of the principal Act,— (a) in sub-section (1),— (i) for the words “The registration of a firm” the words, brackets, figure and letter “Subject to the provisions of sub-section (1A), the registration of a firm” shall be substituted ; (ii) the words “at any time” shall be deleted ; (iii) after the words “prescribe fee” the words “and a true copy of the deed of partnership” shall be inserted ; (iv) after clause (a), the following clause shall be inserted, namely :— “(aa) the nature of business of the firm;”; (b) after sub-section (1), the following sub-section shall be inserted, namely :— “(1A) The statement under sub-section (1) shall be sent or delivered to the Registrar within a period of one year from the date of constitution of the firm : Provided that in the case of any firm carrying on business on or before the date of commencement of the Indian Partnership (Maharashtra Amendment) Act, 1984, (Mah. XXIX of 1984) such statement shall be sent or delivered to the Registrar within a period of one year from such date.” ; (c) for sub-section (3), the following sub-section shall be substituted, namely :— “(3) A firm shall not have any of the names or emblems specified in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950, (XII of 1950) or any colourable imitation thereof, unless permitted so to do under that Act, or any name which is likely to be associated by the public with the name of any other firm on account of similarity, or any name which, in the opinion of the Registrar, for reasons to be recorded in writing, is undesirable : Provided that nothing in this sub-section shall apply to any firm registered under any such name before the date of the commencement of the Indian Partnership (Maharashtra Amendment) Act, 1984. (4) Any person aggrieved by an order of the Registrar under sub-section (3) may, within 30 days from the date of communication of such order, appeal to the officer not below the rank of Deputy Secretary to Government authorised by the State Government in this behalf, in such manner, and on payment of such fee, as may be prescribed. On receipt of any such appeal, the authorised officer shall, after giving an opportunity of being heard to the appellant, decide the appeal, and his decision shall be final.”. [Vide Maharashtra Act 29 of 1984, s. Registration.—Where the Registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the Register of Firms, and shall file the statement.

STATE AMENDMENTS

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STATE AMENDMENTS Karnataka Amendment of section 59A.—In section 59A of the Indian Partnership Act, 1932 (Central Act IX of 1932), in sub-section (1), for the words “by reason of the reorganization of States”, the words, figures and brackets “by reason of the addition of the Bellary District to the State of Mysore under the Andhra State Act, 1953 (Central Act XXX of 1953), or of the reorganization of States under the States Reorganisation Act, 1956 (Central Act 37 of 1956)” shall be substituted. [Vide Karnataka Act 19 of 1961, s. 2] Maharashtra Amendment of section 59A-1 of IX of 1932.-In section 59A-1 of the Indian Partnership Act, 1932 (IX of 1932), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), for the words "one hundred rupees" the words "one thousand rupees" shall be substituted. [Vide Maharashtra Act 16 of 2018, s. 2] Goa, Daman and Diu As required under the Ease of Doing Business, Government of Goa, Law (Establishment) Division and Registration Department hereby mandates “Registration of Partnership Firms” shall be accepted and processed Online only without requiring the applicant to submit a physical copy of the application or associated supporting documentation including executed deed of Partnership. The department staff (all Sub-Registrar Officers) are hereby instructed to process application through the online mode only. Further, it is also mandated that all queries against applicants, applications (if any) should be submitted to the applicants only once and within 7 days of receipt of the application. This Notification shall come into force with effect from 8th of March, 2019.

60. Recording of alterations in firm name and principal place of business.—(1) When an

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Section 60 — Recording of alterations in firm name and principal place of business

Section 61 — Noting of closing and opening of branches

Section 62 — Noting of changes in names and addresses of partners

Section 63 — Recording of changes in and dissolution of a firm. Recording of withdrawal of a minor

Recording of alterations in firm name and principal place of business.—(1) When an alteration is made in the firm name or in the location of the principal place of business of a registered firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying the alteration, and signed and verified in the manner required under section 58. (2) When the Registrar is satisfied that the provisions of sub-section (1) have been duly complied with, he shall amend the entry relating to the firm in the Register of Firms in accordance with the statement, and shall file it along with the statement relating to the firm filed under section 59. STATE AMENDMENT Amendment of section 60 of Act IX of 1932.—In section 60 of the principal Act,— (a) for sub-section (1), the following sub-section shall be substituted, namely:—“(1) When an alteration is made in the firm name or in the nature of business of a firm or in the location of the principal place of business of a registered firm, a statement shall be sent to the Registrar, within a period of 90 days from the date of making such alteration, accompanied by the prescribed fee, specifying the alteration and signed and verified in the manner required under section 58.”; (b) in the marginal note for the words “firm name and” the words “firm name, nature of business and” shall be substituted. [Vide Maharashtra Act 29 of 1984, s.9] 61. Noting of closing and opening of branches.—When a registered firm discontinues business at any place or begins to carry or business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the Registrar, who shall make a note of such intimation in the entry relating to the firm in the Register of Firms, and shall file the intimation along with the statement relating to the firm filed under section 59. STATE AMENDMENT Maharashtra Amendment of section 61 of Act IX of 1932.—In section 61 of the principal Act, for the words “may send intimation thereof to the Registrar, who shall” the following shall be substituted, namely :— “shall sent intimation thereof to the Registrar, within a period of 90 days from the date of such discontinuance or, as the case may be, from the date on which the firm begins to carry on business at such place. Noting of changes in names and addresses of partners.—When anypartner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the Registrar, who shall deal with it in the manner provided in section 61. Recording of withdrawal of a minor.—(1) When a change occurs in the constitution of a registered firm any incoming, continuing or outgoingpartner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner or person specially authorised in this behalf, may give notice to the Registrar of such change or dissolution, specifying the date thereof; and the Registrar shall make a record of the notice in theentry relating to the firm in the Register of Firms, and shall file the notice along with the statement relating to the firm filed under section 59. (2) When a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent

specially authorised in this behalf, may give notice to the Registrar that he has or has not become a

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Section 64 — Rectification of mistakes

Section 65 — Amendment of Register by order of Court

Section 66 — Inspection of Register and filed documents

Section 67 — Grant of copies

Section 68 — Rules of evidence

specially authorised in this behalf, may give notice to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice in the manner provided in sub-section (1) STATE AMENDMENT Maharashtra Amendment of section 63 of Act IX of 1932.—(a) In sub-section (1),— (i) for the word “any”, where it occurs, the word “every” shall be substituted ; (ii) for the words “may give notice to the Registrar of such change or dissolution, specifying the date thereof ;” the following shall be substituted, namely :— “shall, within a period of 90 days from the date of such change or dissolution, give notice to the Registrar of such change or dissolution, specifying the date thereof;”; (b) after sub-section (1), the following sub-section shall be added, namely :— “(1A) Where a change occurs in the constitution of a registered firm, all persons, who after such change are partners of the firm, shall jointly send an intimation of such change duly signed by them, to the Registrar, within a period of 90 days from the date of occurrence of such change and the Registrar shall deal with it in the manner provided by section 61.” ; (c) in sub-section (2), for the words “may give notice to the Registrar” the words “shall, within a period of 90 days from the date of his election, give notice to the Registrar” shall be substitutied. [vide Maharashtra Act 29 of 1984, s. Rectification of mistakes.—(1) The Registrar shill have power at all times to rectify any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity with the documents relating to that firm filed under this Chapter. (2) On application made by all the parties who have signed any document relating to a firm filed under this Chapter, the Registrar may rectify any mistake in such document or in the record or note thereof made in the Register of Firms. Amendment of Register by order of Court.—A Court deciding any matter relating to a registered firm may direct that the Registrar shall make any amendment in the entry in the Register of Firms relating to such firm which is consequential upon its decision; and the Registrar shall amend the entry accordingly. Grant of copies.—The Registrar shall on application furnish to any person, on payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the Register of Firms. Grant of copies.—The Registrar shall on online application furnish to any person, on payment of such fee as may be prescribed , a copy digitally certified under his hand of any entry or portion thereof in the register of firms. [Vide Uttarakhand Act 5 of 2019, s. Rules of evidence.—(1) Any statement, intimation or notice recorded or noted in the Register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated.

(2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof

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Section 69 — Effect of non-registration

(2) A certified copy of an entry relating to a firm in the Register of Firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein. STATE AMENDMENT Uttarakhand Amendment of section 68.—In Principal Act, sub-section (1) of section 68 shall be substituted as follows, namely:-- 68. Rules of Evidence:--(1) Any statement, intimation or notice recorded or noted in the register of Firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was digitally signed, be conclusive proof of any fact therein stated. [Vide Uttarakhand Act 5 of 2019, s. Effect of non-registration.—(1) No suit to enforce a right arising from a contract or conferred by this Act shall be institutes in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm. (2) No suit to enforce a tight arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm. (3) The provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect— (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or a ay right or power to realise the property of a dissolved firm, or (b) the powers of an official assignee, receiver or Court under the Presidency-towns Insolvency Act, 1909 (2 of 1909), or the Provincial Insolvency Act, 1920 (5 of 1920), to realise the property of an insolvent partner. (4) This section shall not apply— 1 (a) to firms or to partners in firms which have no place of business in [the territories to which 2 this Act extends], or whose places of business in [the said territories] are situated in areas to which, 3 by notification under [section 56], this Chapter does not apply, or (b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the Presidency-towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), or, outside the Presidency-towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim. STATE AMENDMENT Maharashtra Substitution of section 69A of IX of 1932.--For section 69A of the principal Act, the following section shall be substituted, namely:-- "69A. Charges for delay in compliance of section 60, 61, 62 or 63.--If any statement, intimation or notice under section 60, 61, 62 or as the case may be, 63, in respect of any registered firm is not sent or given to the Registrar, within the period specified in that section, the Registrar may, make suitable amendments in the records relating to the firm, upon payment of charges for delay in sending or giving 1.

the same, at the rate of rupees two thousand per year or part thereof in respect of the period between the

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Section 69A — Penalty for contravention of sections 60, 61, 62 or 63

Section 70 — Penalty for furnishing false particulars

the same, at the rate of rupees two thousand per year or part thereof in respect of the period between the date of expiry of the period specified in that section and the date of making the payment.”. [Vide Maharashtra Act 16 of 2018, s. 3] Amendment of section 69 of Act IX of 1932.—In section 69 of the principal Act,— (a) to sub-section (1), the following proviso shall be added, namely :— “Provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of the firm or to realise the property of the firm.”; (b) after sub-section (2), the following sub-section shall be inserted, namely :— “(2A) No suit to enforce any right for the dissolution of a firm or for accounts of a dissolved firm or any right or power to realise the property of a dissolved firm shall be instituted in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm, unless the firm is registered and the person suing is or has been shown in the Register of Firm as a partner in the firm : Provided that the requirement of registration of firm under this sub-section shall not apply to the suits or proceedings instituted by the heirs or legal representatives of the deceased partner of a firm for accounts of a dissolved firm or to realise the property of a dissolved firm.”; (c) in sub-section (3),— (i) for the words, brackets and figures “sub-sections (1) and (2)” to words, brackets, figures and letter “sub-sections (1), (2) and (2A)” shall be substituted ; (ii) for clause (a), the following clause shall be substituted, namely :— “(a) the firms constituted for a duration upto six months or with a capital upto two thousand rupees ; or” [Vide Maharashtra Act 29 of 1984, s. 13] Insertion of section 69A in Act IX pf 1932.—After section 69 of the principal Act, the following section shall be inserted, namely :— 69A. Penalty for contravention of sections 60, 61, 62 or 63.—If any statement, intimation or notice under sections 60,61, 625 or 63 in respect of any registered firm is not sent or given to the Registrar, within the period specified in that section, the Registrar may, after giving notice to the partners of the firm and after giving them a reasonable opportunity of being heard, refuse to make the suitable amendments in the records relating to the firm, until the partners of the firm pay such penalty, not exceeding ten rupees per day, as the Registrar may determine in respect of the period between the date of expiry of the period specified 60, 61, 62, or as the case may be, 63 and the date of making the amendments in the entries relating to the firm.”. Penalty for furnishing false particulars.—Any person who signs any statement, amending statement, notice or intimation under this Chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both. STATE AMENDMENT Maharashtra Amendment of section 70 of Act IX of 1932.—In section 70 of the principal Act, for the words “shall be punishable with imprisonment which may extend to three months, or with fine, or with both.” The following shall be substituted, namely :— “shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, the fine shall not be less than one thousand rupees.”.

[vide Maharashtra Act 29 of 1984, s. 15]

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Section 70A — Maximum fees and power to amend Schedule I

Section 71 — Power to make roles

[vide Maharashtra Act 29 of 1984, s. 15] Maharashtra Insertion of section 70A in Act IX of 1932.—After section 70 of the principal Act, the following section shall be inserted, namely :— 70A. Maximum fees and power to amend Schedule I.—(1) The fees payable under this Act and rules made thereunder shall not exceed the maximum fees as specified in Schedule I. (2) Subject to the provisions of this section, the State Government may, having regard to the expenditure incurred or to be incurred for carrying out the purposes of this Act, from time to time, by notification in the Official Gazette, vary and of the amount of maximum fees and other particulars specified in Schedule I, and, thereupon, the said Schedule shall be deemed to be amended accordingly. (3) Every notification issued under sub-section (2) shall take effect from the date of its publication in the Official Gazette, unless some other date is specified therein for this purpose. (4) Every notification issued by the State Government under sub-section (2) shall be laid, as soon as may be after it is issued, before each House of the State Legislature, while it is in session, for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be issued, and notify such decision in the Official Gazette, the notification shall, from the date of publication of such decisions, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done in pursuance of that notification.”. [vide Maharashtra Act 29 of 1984, s. Power to make roles.—(1) The [State Government] [may by notification in the Official Gazette make rules] prescribing the fees which shall accompany documents sent to the Registrar of Firms, or which shall be payable for the inspection of documents in the custody of the Registrar of Firms, or for copies from the Register of Firms: Provided that such fees shall not exceed the maximum fees specified in Schedule I. 3 (2) The State Government may [also] make rules— (a) prescribing the form of statement submitted under section 58, and of the verification thereof; (b) requiring statements, intimations and notices under sections 60, 61, 62 and 63 to be in prescribed form,and prescribing the form thereof; (c) prescribing the form of the Register of Firms, and the mode in which entries relating to firms are to be made therein, and the mode in which such entries are to be amended or notes made therein; (d) regulating the procedure of the Registrar when disputes arise; • (e) regulating the filing of documents received by the Registrar; (f) prescribing conditions for the inspection of original documents; (g) regulating the grant of copies; (h) regulating the elimination of registers and documents; (i) providing for the maintenance and form of an index to the Register of Firms; and (j) generally, to carry out the purposes of this Chapter. (3) All rules made under this section shall be subject to the condition of previous publication. 4 [(4) Every rule made by the State Government under this section shall be laid, as soon as it is made, before the State Legislature.] 1.

STATE AMENDMENT

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Section 72 — Mode of giving public notice

Section 73 — [Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 74. Savings

STATE AMENDMENT Amendment of section 71 of Act IX of 1932.—(a) for sub-section (1), the following sub- section shall be substituted, namely :— “(1) Subject to the provisions of section 70A, the State Government may, by notification in the Official Gazette, make rules prescribing the fees which shall accompany document s sent to the Registrar or which shall be paid in respect of any intimation, notice or application given to the Registrar or which shall be payable for the inspection of documents in the custody of the Registrar or for copies from the Register of Firms or which shall be paid for supply of any prescribed forms.” (b) in sub-section (2),— (i) in clause (a), for the words and figures “under section 58” the words, brackets and figures “under sub-section (1) of section 58” shall be substituted ; (ii) after clause (a), the following clause shall be inserted, namely : — “(aa) for sub-section (4), the following sub-section shall be substituted namely :— (c) for sub-section (4), the following sub-section shall be substituted namely :— “(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session, for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any medication in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such decision, have effect only in such modified form or be of no effect, as the case ,may be; so, however, that any such modification or annulment shall be without prejudic e to the validity of anything previously done of omitted to be done in pursuance of that rule” [Vide Maharashtra Act 296 of 1984, s. Mode of giving public notice.—A public notice under this Act is given— (a) where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to the Registrar of Firms under section 63, and by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business, and (b) in any other case, by publication in the Official Gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business. 73. [Repeals.] Rep. by the Repealing Act, 1938 (1 of 1938), s. Savings.—Nothing in this Act or any repeal effected thereby shall affect or be deemed to affect— (a) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or (b) any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability, or anything done or suffered before the commencement of this Act, or

(c) anything done or suffered before the commencement of this Act, or

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(c) anything done or suffered before the commencement of this Act, or (d) any enactment relating to partnership not expressly repealed by this Act, or (e) any rule of insolvency relating to partnership, or (f) any rule of law not inconsistent with this Act. _____

SCHEDULE I

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SCHEDULE I MAXIMUM FEES [See sub-section (1) of section 71.] Document or act in respect of which Maximum fee the fee is payable Statement under section 58………………………... Statement under section 60………………………... Intimation under section 61………………………... Intimation under section 62 ……………………….. Notice under section 63……………………………. STATE AMENDMENTS Karnataka Amendment of Schedule I.—In schedule I to the Indian Partnership Act, 1932 (Central Act 9 of 1932),— (1) for the words “Three rupees” and “Four annas”, where they occur, the words “one hundred rupees”, and “one rupees”, shall respectively be substituted; (2) for the words “One rupee” appearing against “Statement under section 60”, the words, “fifty rupees”, shall be substituted; (3) for the words “One rupee” appearing against “Intimation under section 61,” “Intimation under 62” and “Notice under section 63” and “application under section 64,” the words “Twenty five rupees” shall respectively be substituted. (4) for the words, “Eight annas” appearing against “Inspection of the Register of Firms under sub- section (1) of section 66”, the words, “Twenty rupees”, shall be substituted; (5) for the words, “Eight annas”, appearing against “Inspection of documents relating to a firm under sub-section (2) of section 66”, the words “Ten rupees” shall be substituted. [Vide Karnataka Act 1 of 1987, s.

STATE AMENDMENT

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STATE AMENDMENT Kerala Substitution of new Schedule for Schedule I.-In the Indian Partnership Act, 1932 (Central Act 9 of 1932), for Schedule I, the following Schedule shall be substituted, namely “SCHEDULEI MaximumFees [See sub-section (1) of section 71] Document or act in respect of which the fee is Maximum fee payable Statement under section 58 Five hundred rupees. Statement under section 60 Two hundred rupees. Intimation under section 61 Two hundred rupees. Intimation under Section 62 Two hundred rupees Notice under section 63 Two hundred rupees Application udner section 64 Two hundred rupees Inspection of the Register of Firms under sub-section Fifty Rupees for inspecting one volumn of (1) of section 66 theRegister. Inspection of documents relating to a firm under sub- One hundred rupees for the inspection of all section (2) of section 66 documents relating to one firm. Copies from the Register of Firms One hundred rupees for each hundred words or a part thereof.” [Vide Kerala Act 32 of 2013, s.

[See sub-section (1) of Section 71]

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Rajasthan Substitution of Schedule I to the Central Act IX of 1932. – In Schedule I of Indian Partnership Act, 1932 (Central Act IX of 1932), for Schedule I, as existing in the application thereof to the State of Rajasthan, the following shall be substituted, namely:- "SCHEDULE-I Maximum Fees [See sub-section (1) of Section 71] Document or Act in respect of which the Maximum Fee fee is payable. Statement under Section 58 Hundred Rupees 2. Statement Under Section 60 Thirty Rupees 3. Intimation Under Section 61 Thirty Rupees 4. Inspection of the Register of Firms Under Twenty Ruppes for inspection of one Sub-Section (1) of Section 66 volume of register 8. Inspection of documents relating to a firm Twenty Rupees for inspection of all under sub-section (2) of Section 66 documents relating to one firm 9.

"SCHEDULE I

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Substitution of new Schedule for Schedule I to Central Act IX of 1932.— For Schedule I to the principal Act, the following Schedule shall be substituted, namely:- "SCHEDULE I Maximum Fees. (See sub-section (1) of section 71) Document or act in respect of which the fee is Maximum fee. payable. Inspection of the register of firms Two rupees, for inspecting under sub-section (1) of section 66. one volume of Register. Inspection of documents relating to a firm Two rupees for inspection under Sub-section (2) of section 66. of all documents relating to one firm. Copies from the register of firms . Two rupees for each hundred words or part thereof.” [Vide Rajasthan Act 10 of 1971, s. 2] Substitution of Schedule I to the Central Act IX of 1932.-In Schedule I of Indian Partnership Act, 1932 (Central Act IX of 1932), for Schedule I, as existion in the application thereof to the State of Rajasthan, the following shall be substituted, namely:— "SCHEDULE-I Maximum Fees [See sub-section (1) of section 71] S.

4. Intimation under section 62 One hundred rupees

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Intimation under section 62 One hundred rupees 5. Notice under section 63 One hundred rupees 6. Application under section 64 One hundred rupees 7. Inspection of the Register of firms under sub-section (1) of One hundred rupees for section 66 inspection of one volume of Register 8. Inspection of documents relating to a firm under sub- One hundred rupees for section (2) of section 66 inspection of all documents relating to one firm 9. 2] Gujarat Substituted of Schedule of I of 9 of 1932.—In the Indian Partnership Act, 1932 (9 of 1932), in its application “SHEDULE I MAXIMUM FEES (See sub-section (1) of section 71) Document or act in respect of which the fee is Maximum fee payable Statement under section 58 Three hundred rupees Statement under section 60 One hundred fifty rupees Statement under section 61 One hundred fifty rupees Statement under section 62 One hundred fifty rupees Notice under section 63 One hundred fifty rupees Application under section 64 One hundred fifty rupees Inspection of the Register of Firms Fifty rupees for inspecting one under sub-section /1) of section 66 volume of the register Inspection of documents relating to a Fifty rupees for inspection of all firm under sub-section /2) of section 66 documents relating to one firm Copies from the Register of Fifty rupees for each hundred Firms words or part thereof.". [Vide Gujarat Act 25 of 2019, s.

(5) Intimation under section 62 .. .. Fifteen rupees.

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Fifteen rupees. (6) Notice under section 63 (1) .. .. Fifteen rupees. (7) Intimation under section 63(1A) .. .. Fifteen rupees. (8) Notice under section 63(2) .. .. Fifteen rupees. (9) Application under section 64 .. .. Fifteen rupees. (10) Inspection of the Register of Firms under sub-section (1) Seven rupees and fifty paise. of section 66, for inspection of one volume of the Register of Firms. (11) Inspection of documents relating to a firm under sub- Seven rupees and fifty paise. section (2) of section 66, for the inspection of all documents relating to one firm. (12) Copies from the Register of firms under section 67, for Two rupees. each hundred words or part thereof. (13) Price of Forms prescribed under the rules. 18] Kerala Substitution of new Schedule for Schedule I. ---In the Indian Partnership Act, 1932 (Central Act 9 of 1932), for Schedule I, the following Schedule shall be substituted, namely:-- “Schedule I Maximum Fees [See sub-section (1) of section 71] Document or act in respect of which the fee is Maximum fee payable (1) (2) Statement under section 58 Two thousand rupees Statement under section 60 One thousand rupees Intimation under section 61 One thousand rupees Intimation under section 62 One thousand rupees Notice under section 63 One thousand rupees Application under section 64 One thousand rupees Inspection of Register of Firms under Five hundred rupees for the inspection of all sub-section (1) of section 66 documents relating to one film Copies from the Register of Firms One thousand rupees per copy.” [Vide Kerala Act 3 of 2024, s.

SCHEDULE II—[Enactments Repealed.] Rep. by Repealing Act, 1938 (1 of 1938), s. 2 and the Sch.

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SCHEDULE II—[Enactments Repealed.] Rep. by Repealing Act, 1938 (1 of 1938), s.

STATEMENT OF OBJECTS AND REASONS

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STATEMENT OF OBJECTS AND REASONS The Bill is sufficiently explained in the Report of the Special Committee printed below.