DELHI PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1972

DELHI PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1972][1]

Rule 1.Short title.

These rules may be called the Delhi Partnership (Registration of Firms) Rules, 1972.

Rule 2. Definitions.

In these rules unless there is anything repugnant in the subject or context :

(a)      "Act " means the Indian Partnership Act, 1932.

(b)      "Document" includes statements, intimations and notices prescribed by the Act.

(c)      "Firm " means a body of persons consisting of two or more persons to which the Act applies.

(d)      "Form " means a form in the Schedule to these rules.

(e)      "Registrar" means an officer appointed by the Lt. Governor under Section 57 of the Act to perform the duties of the Registrar of Firms for the Union Territory of Delhi.

Rule 3. Form and verification of documents under Sections 58 and 60.

The documents submitted or the Registrar under Sections 58 and 60 of the Act shall, respectively, be in Forms I and II annexed to these rules and shall be verified in the manner indicated therein.

Rule 4. Forms of register of firms, statements under Sections 58 and 60. Notices under Sections 61, 62 and 63 and index to register of firms.

(i)       The Register for "firms" to be maintained by the Registrar under Section 59 of the Act shall be in the Form "A" annexed to these rules.

(ii)      The statement required under Section 58 of the Act for the registration of a firm shall be in Form I.

(iii)     The statement under Section 60 of the Act relating to changes in the firm's name and the principal place of business, shall be in Form II.

(iv)    The notice under Section 61 of the Act of closing and opening of branches shall be in Form III.

(v)      The notice under Section 62 of the Act of changes in the names and addresses of partners shall be in Form IV.

(vi)    The notice of alteration in constitution of firm under sub-section (1) of Section 63 of the Act shall be in Forms V and VI respectively. (vii) The notice of withdrawal from, or remaining in partnership to be given under sub­section (2) of Section 63 of the Act by a minor on attaining majority shall be in Form VII.

(vii)   An Index to the Register of firms shall be maintained by the Registrar in Form D.

The name and particulars relating to a firm shall be entered in the Register of Finns in the order of its registration on separate page or pages as the case may be. Each firm shall be assigned a number in a consecutive series commencing and ending with calendar year. A note of every document filed shall be entered in the Register in the page or pages allotted to the firm concerned and shall be signed by the Registrar, who will affix his stamp on it.

Rule 5. Amendment of entries in Register.

When an entry made in the Register of Firms is to be amended, the amendment shall be shown by means of a suitable note in "Red ink" in the remarks column opposite to the end of the existing entry or entries with suitable cross reference.

Rule 6. Procedure on disputes.

Where any partner or other person interested makes a protest in writing to Registrar disputing any entry made in the register of firms, the Registrar shall record such protests and make a reference thereto in "Red ink" in the remarks column against the disputed entry.

Rule 7. Examination of documents received by the Registrar.

On receipt of every statement, intimation, notice or any other document required by the Act to be filed or registered in his office, the Registrar shall examine it, and if it is found to be defective or incomplete in any of the particulars required to be given therein or not verified in the manner prescribed by these rules or in any way not in accordance with the provisions of the Act or these rules, he shall return it to the person who applied for filing or recording or to the firm concerned, and until proper rectification or completion is made, he shall not register or file the document in question nor shall he file or register the same unless and until the prescribed fees are paid to and received by him. The Registrar shall pending the payment of the such fees, act in the same way if no such document or fact have been tendered for filing or recording or registration.

Rule 8. Acknowledgement by the Registrar.

The Registrar may give acknowledgement to the receipt for filing of any document after entries have been made in the "Register of Firms" in accordance with the Form "C" annexed to these Rules.

Rule 9. Enquiries and investigation by the Registrar in case of disputes.

The Registrar may in his discretion institute such enquiries or make such investigations in respect of any matter as may in his opinion be necessary for the performance of his duties and administra­tion of the Act, especially when a dispute arises amongst the several partners of a firm, and the Registrar may in his discretion call upon any of the partner or all-of them to produce any original deed, document or such evidence as he thinks fit.

Rule 10. Procedure on closing of business and dissolution.

(i)       Where the Registrar has reasonable cause to believe that a registered firm is not carrying on business or is not in operation or that it is finally dissolved but the prescribed intimation has not been given, he shall send by registered post to every partner of the firm at its last known address a letter enquiring whether the firm not carrying on business or is in operation.

(ii)      If the Registrar receives an answer from any partner to the effect that the firm is not carrying on business or is not in operation or if he does not within one month from the date of the posting of the letter receive any answer, he shall publish, in the local official Gazette and send to all the partners by registered post, a notice that at the expiration of three months from the date of that notice, the name of the firm mentioned therein, shall, unless cause is shown to the contrary, be struck off the Registrar of Firms and the registration shall be deemed cancelled.

(iii)     At the expiration of time mentioned in the notice, the Registrar shall, unless cause is shown previously by the partners, strike its name of the Registrar, and shall publish notice thereof in the local official Gazette, and on the publication of such notice in the official Gazette, the registration of the firm shall stand cancelled.

Rule 11. Preservation and elimination of registers and records.

The Registrar of Firms and the Index thereto shall be preserved permanently. All other records including the statements referred to in Section 58 relating to any firm may be destroyed on the expiry of five years from the date of the dissolution of such firm.

Rule 12. Index to register of firms.

(a)      An index to Register of firms shall be prepared in English or in Hindu on loose sheets lettered alphabetically and shall contain the particulars shown in Form "A" annexed to these rules. A fresh index shall be prepared for each calendar year. The name of each firm shall be indexed as soon as entries relating thereto are made in the Register of firms.

(b)      After all the firms registered in a year have been indexed, the index shall be checked by the Registrar who shall add a certificate in token of check and the pages shall then be numbered in ink.

(c)      The index for each year shall, after it has been checked, be bound into volumes of convenient size.

Rule 13. Filing of documents.

A separate file shall be maintained in respect of each firm, in which all documents relating thereto received from time to time by the Registrar shall be filed. No document shall be filed by the Registrar unless the fee prescribed has been paid.

Rule 14. Conditions of inspection.

The register shall be open to inspection on written application and no payment of the prescribed fee. The file of the document kept in the Registrar's office shall similarly be open to inspection by any person applying therefor; provided the applicant satisfies the Registrar that he has sufficient interest in the contents of the documents or of which he applies for inspection and that mere inspection of Register will not serve his purpose :

Provided that he shall have the right, while so inspecting to take copies or extracts, from any of the documents or the Register.

Rule 15. Grant of copies.

A copy of any entry in the Register shall be supplied to any person on written application and on payment of the prescribed fee.

Rule 16. Application for copies to be in writing.

Every application for a copy under Section 67 of the Act shall be in writing on judicial paper.

Rule 17. Scale of fees.

For the purpose of Chapter VII, the following fees shall be charged in respect of documents noted against each :

Rule 18. Mode of payment.

All fees prescribed under the rules shall be paid in the form of Court-Fee Stamps, and the Registrar shall maintain a proper record of the fee so received daily.