INDIAN
PARTNERSHIP ACT, 1932 (DAMAN AND DIU AMENDMENT) (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. The statement shall
be signed by all the partners, or by their agents specially authorised in this
behalf. (2)
Each person signing the statement shall also verify it in the
manner prescribed. (3)
A firm name shall not contain any of the following words, namely:- "Crown",
"Emperor", "Empress", "Empire",
"Imperial", "King", "Queen", "Royal",
or words expressing or implying the sanction, approval or patronage of [1]
[Government], except [2]
[when the State Government] signifies [3]
[its] consent to the use of such words as part of the firm name by order in
writing [4] [* * *].- [STATE AMENDMENTS GOA, DAMAN AND DIU [5] [In
Section 5 (1) In
section 58 of the principal Act for the existing sub-section (3), the following
shall be substituted:- "(3) No firm shall be
registered by a name which in the opinion of the Registrar is
undesirable". (2) In
section 58 of the principal Act, after sub--section (3), as so
amended the following shall be added:- "(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 State Government
whose decision shall be final. (5) A firm's name shall not
contain any of the following words, namely, Union, State, President, Republic,
Governor or words expressing or implying the sanction, approval or patronage of
Government unless the Government of Goa, Daman and Diu signifies, by order in
writing, its consent to the use of such words as part of the firm's name: Provided that nothing in
this sub-section shall apply to any firm carrying on business under any such
name, before the date of the commencement of the Indian Partnership (Goa, Daman
and Diu Amendment) Act, 1966. (6) Any person
who contravenes the provisions of sub-section (5) shall be punishable
with fine which may extend to five hundred rupees.] 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 (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. [STATE AMENDMENTS [GOA,
DAMAN AND DIU [6] [In
Section 74 The following shall be
inserted:- "(2) Notwithstanding
anything contained in sub-section (1) and in any other law in force in the
Union Territory of Goa, Daman and Diu the provisions of sub-sections (1) and
(2) of section 69 shall apply to all suits instituted in the Union Territory of
Goa, Daman and Diu after the 1st January, 1965, even if the cause of action
with respect to the said suits had arisen before that date."]]] SCHEDULE
I MAXIMUM
FEES [See sub-section
(1) of section 71] Document or act in respect of which
the fee is payable Maximum fee Statement under section 58 Three rupees. Statement under section 60 One rupee. Intimation under section 61 One rupee. Intimation under section 62 One rupee. Notice under section 63 One rupee. Application under section 64 One rupee. Inspection of the Register of Firms under
sub-section (1) of section 66 Fifty paise for inspecting one volume
of the Register. Inspection of documents relating to a
firm under sub-section (2) of section 66 Fifty paise for the inspection of all
documents relating to one firm. Copies from the Register of Firms Twenty-five paise for each hundred
words or part thereof. [STATE AMENDMENTS GOA, DAMAN AND DIU [7] [In
Schedule I (a)
for the words "eight annas" at both the places where
they occur, the words "fifty paise" shall be substituted; (b)
in the entries relating to copies from the Register of Firms, for
the words "four annas" the words "fifty paise" shall be
substituted.] [1] The words
"the Crown or the Government of India or a Local Government", have
been successively adapted by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to
read as above. [2] Substituted
by the A.O. 1937, for "when the Governor General in Council". [3] Substituted
by the A.O. 1937, for "his". [4]
The words
"under the hand of one of the Secretaries of the Government of India"
omitted by the A.O. 1937. [5] Sub-section
(3) shall be Inserted and Sub-section (4), (5) and (6) shall be Added by Indian Partnership
(Goa, Daman and Diu Amendment) Act, 1966. [6] Inserted
by Indian
Partnership (Goa, Daman and Diu Amendment) Act, 1966. [7] Substituted
by Indian
Partnership (Goa, Daman and Diu Amendment) Act, 1966.