THE KERALA PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1959

[1][THE KERALA PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1959

Rule - 1. Short title.

These Rules may be called the "Kerala Partnership (Registration of Firms) Rules, 1959.

Rule - 2. Definitions.

In these Rules, unless there is anything repugnant in the subject or context:-

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

(b)      "Registrar" means the Registrar of Firms".

Rule - 3. Form and verification of statements under sections 58 & 60.

The statement submitted to the Registrar under sections 58 and 60 of the Act shall respectively be in Forms I and II annexed to these rules together with the fees specified in those forms and shall be verified in the manner indicated therein (provided that when a statement is signed by a specially authorized agent, the original power-of-attorney or an expressed letter of authority from the partner or partners concerned shall be produced for inspection by the Registrar to prove authentication)

Rule - 4. Form of intimations and notices under sections 61, 62 and 63.

(1)     Intimations and notices under sections 61 62, 63(1) and 63(2) of the Act, shall be respectively be in Forms III, IV, V, VI annexed to these Rules together with the fees specified in those forms with such variations as circumstances may require.

(2)     Every statement, Intimation or notice relating to a firm, under section 60, 61, 62, 63 (1) or 63(2) of the Act shall be sent or given to the Registrar together with the maximum fees prescribed in the schedule to the Act, within 15 days from the date of occurrence of the event referred to in such statement, intimation or notice.

Rule - 5. Register of Firms.

The Register of Firms shall be in Form A annexed to these Rules. The name of and the particulars relating to each firm shall be entered therein in the order of its registration on a separate page or pages. Each firm shall be assigned a number in a consecutive series commencing and ending with the 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.

Rule - 6. Amendments 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 the remarks column opposite to the entry concerned, and the new entry shall be made at the end of the existing entry or entries with suitable cross-references.

Rule - 7. Protest against entries in Register.

When any partner or other person interested makes a protest in writing to the Register disputing an entry made in the register of firms, the Register shall record such protest and make a reference thereto in red ink in the marks column against the disputed entry.

Rule - 8. The Registrar's powers of enquiry and investigation.

The Registrar may, in case of dispute, Institutes, such inquiries or make such investigations as may, in his opinion, be necessary for the proper performance of his duties under the Act.

Rule - 9. Index to the Register of Firms.

(a)      An Index to the Register of Firm shall be prepared in English on loose sheets lettered to the alphabetically shall contain the particulars shown in Form B 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 the 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 such 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 - 10. Acknowledgement of registration and documents.

(a)      Upon the registration of a firm, the Registrar shall grant to the firm an acknowledgment in Form C annexed to these Rules and on the filing of any document required to be filed under the Act, he shall grant to the person at whose instance it is filed an acknowledgment in Form D annexed to these rules.

(b)      On every document filed under the Act the Registrar shall endorse the following particulars namely:

(i)       the number borne by the firm on the register;

(ii)      the name of the firm;

(iii)     the description of the document;

(iv)    the serial number of the document, and

(v)      the date of filing.

The Registrar shall also affix his signature and the seal of his office to such document.

(c)      If there is no space on the document for entering the particulars referred to in the sub-rule (b), the entry shall be made on a separate paper which shall be attached to the document and a note of the fact shall be made on the document itself and shall be signed by the Registrar.

Rule - 11. Filing of documents.

(a)      The Registrar shall examine every statement intimation, notice or other document received by him which is required by the Act to be registered, recorded or filed and if he finds any such statement, intimation, notice or other document to be defective or incomplete in any of the particulars required by the Act or these Rules, he shall return it to party or firm tendering it, for the rectification or completion and until such statement, intimation, notice or other document is so rectified or completed, he shall not register, record or file the same.

(b)      No statement, intimation, notice or other document in respect of which a fee is payable shall be registered, recorded or filed by the Registrar until the fee has been paid to him and the Registrar shall, pending such payment, act as if no such statement, intimation, notice or other document had been tendered for registration, record or filing.

(c)      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.

Rule - 12. Account of and receipt for fees.

An account of all fees received in the Registrar's Office shall be maintained therein. A receipt in the Form E annexed to these Rules shall be granted in respect of every fee received.

Rule - 13. Inspection of the indexes to the register of firms and of original documents.

(i)       The indexes to the register of firm maintained by the Registrar may be inspected by any person on payment of the following fees:

(a)      For searching the index for anyone year for entries relating to a single firm- one rupee.

(b)      For searching the index for every other year for entries relating to the same firm - fifty paise.

(ii)      All statements, notices and intimations filed by a firm under Chapter VII of the Act may also be inspected on payment of the maximum fee prescribed in the schedule to the Act by any person on his satisfying the Registrar that he is interested in the firm.

Rule - 14. Application for copies and fees for grant of copies.

(i)       Every application for a copy under section 67 of the Act shall be in writing,

(ii)      For the grant of copies other than copies from the Register of firms the following fees shall be levied, namely:

(a)      For a certified copy of an acknowledgment of registration of a firm-one rupee.

(b)      For a certified copy of or extract from any other document- fifty paise for each hundred words or part thereof.

(iii)     For the grant of a certified copy or extract from the register of firms, a fee of fifty paise for each hundred words or part thereof shall be levied.

Rule - 15. Seal.

The seal, used by the Registrar shall bear the words "Registrar of Firms, Kerala".

Rule - 16. Preservation and elimination of registers and records.

(a)      The register of firms and the index thereto shall be preserved permanently.

(b)      All other records, including the statements referred to in section 58 of the Act, may be destroyed:

(i)       in the case of firm which has been dissolved on the expiry of five years from the date of its dissolution; and

(ii)      in the case of a firm which, though not dissolved, has not been transacting business and has not been heard of for a period of not less than seven years, in accordance with and subject to the provisions of sub-rule (c)

(c)      In cases, falling under Cl. (ii) and sub-rule (b), the Registrar shall publish in the Gazette and at the same time send by registered post to anyone of the partners of the firm concerned to his last known address, a notice stating that the records and statements relating to the firm will be destroyed unless cause is shown to the contrary within a period of three months from the date of publication of the notice in the Gazette. If cause is not shown as aforesaid, the records and statements may be destroyed.

Rule - 17. Translations to be furnished where original is not in English or Malayalam.

If any document required to be filed under the Act or any portion of such document is not in the English or Malayalam language, an English or Malayalam translation of such document or portion, certified as correct by at least one partner or his authorized agent shall be furnished along with each copy of such document or portion.

Rule - 18. Office hours.

The office of the Registrar shall be open for business (Sun days and authorized holidays excepted) between the hours of 11 a.m. and 4.30 p.m. except on Saturdays when it shall be open between the hours of 11 a. m. and 1 p. m.

Rule - 19. Administration Report.

The Registrar shall submit to the Government so as to reach them on or before the 1st of June in each year a report on the working of the Act during the official years ending on the 31st March preceding.

Rule - 20.

The Travancore-Cochin Partnership (Registration of Firms) Rules, 1952 and the Madras Partnership (Registration of Firms) Rules, 1932 in their application to the territories referred to as Malabar District in section 5(2) of the States Re-organization Act, 1956 (Central Act 37 of 1956), are hereby repealed.

Provided that any order made or action taken under the rules so repealed shall be deemed to have made or taken under the corresponding provision of these Rules.

 

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THE KERALA PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1959

[1][THE KERALA PARTNERSHIP (REGISTRATION OF FIRMS) RULES, 1959

Rule - 1. Short title.

These Rules may be called the "Kerala Partnership (Registration of Firms) Rules, 1959.

Rule - 2. Definitions.

In these Rules, unless there is anything repugnant in the subject or context:-

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

(b)      "Registrar" means the Registrar of Firms".

Rule - 3. Form and verification of statements under sections 58 & 60.

The statement submitted to the Registrar under sections 58 and 60 of the Act shall respectively be in Forms I and II annexed to these rules together with the fees specified in those forms and shall be verified in the manner indicated therein (provided that when a statement is signed by a specially authorized agent, the original power-of-attorney or an expressed letter of authority from the partner or partners concerned shall be produced for inspection by the Registrar to prove authentication)

Rule - 4. Form of intimations and notices under sections 61, 62 and 63.

(1)     Intimations and notices under sections 61 62, 63(1) and 63(2) of the Act, shall be respectively be in Forms III, IV, V, VI annexed to these Rules together with the fees specified in those forms with such variations as circumstances may require.

(2)     Every statement, Intimation or notice relating to a firm, under section 60, 61, 62, 63 (1) or 63(2) of the Act shall be sent or given to the Registrar together with the maximum fees prescribed in the schedule to the Act, within 15 days from the date of occurrence of the event referred to in such statement, intimation or notice.

Rule - 5. Register of Firms.

The Register of Firms shall be in Form A annexed to these Rules. The name of and the particulars relating to each firm shall be entered therein in the order of its registration on a separate page or pages. Each firm shall be assigned a number in a consecutive series commencing and ending with the 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.

Rule - 6. Amendments 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 the remarks column opposite to the entry concerned, and the new entry shall be made at the end of the existing entry or entries with suitable cross-references.

Rule - 7. Protest against entries in Register.

When any partner or other person interested makes a protest in writing to the Register disputing an entry made in the register of firms, the Register shall record such protest and make a reference thereto in red ink in the marks column against the disputed entry.

Rule - 8. The Registrar's powers of enquiry and investigation.

The Registrar may, in case of dispute, Institutes, such inquiries or make such investigations as may, in his opinion, be necessary for the proper performance of his duties under the Act.

Rule - 9. Index to the Register of Firms.

(a)      An Index to the Register of Firm shall be prepared in English on loose sheets lettered to the alphabetically shall contain the particulars shown in Form B 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 the 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 such 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 - 10. Acknowledgement of registration and documents.

(a)      Upon the registration of a firm, the Registrar shall grant to the firm an acknowledgment in Form C annexed to these Rules and on the filing of any document required to be filed under the Act, he shall grant to the person at whose instance it is filed an acknowledgment in Form D annexed to these rules.

(b)      On every document filed under the Act the Registrar shall endorse the following particulars namely:

(i)       the number borne by the firm on the register;

(ii)      the name of the firm;

(iii)     the description of the document;

(iv)    the serial number of the document, and

(v)      the date of filing.

The Registrar shall also affix his signature and the seal of his office to such document.

(c)      If there is no space on the document for entering the particulars referred to in the sub-rule (b), the entry shall be made on a separate paper which shall be attached to the document and a note of the fact shall be made on the document itself and shall be signed by the Registrar.

Rule - 11. Filing of documents.

(a)      The Registrar shall examine every statement intimation, notice or other document received by him which is required by the Act to be registered, recorded or filed and if he finds any such statement, intimation, notice or other document to be defective or incomplete in any of the particulars required by the Act or these Rules, he shall return it to party or firm tendering it, for the rectification or completion and until such statement, intimation, notice or other document is so rectified or completed, he shall not register, record or file the same.

(b)      No statement, intimation, notice or other document in respect of which a fee is payable shall be registered, recorded or filed by the Registrar until the fee has been paid to him and the Registrar shall, pending such payment, act as if no such statement, intimation, notice or other document had been tendered for registration, record or filing.

(c)      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.

Rule - 12. Account of and receipt for fees.

An account of all fees received in the Registrar's Office shall be maintained therein. A receipt in the Form E annexed to these Rules shall be granted in respect of every fee received.

Rule - 13. Inspection of the indexes to the register of firms and of original documents.

(i)       The indexes to the register of firm maintained by the Registrar may be inspected by any person on payment of the following fees:

(a)      For searching the index for anyone year for entries relating to a single firm- one rupee.

(b)      For searching the index for every other year for entries relating to the same firm - fifty paise.

(ii)      All statements, notices and intimations filed by a firm under Chapter VII of the Act may also be inspected on payment of the maximum fee prescribed in the schedule to the Act by any person on his satisfying the Registrar that he is interested in the firm.

Rule - 14. Application for copies and fees for grant of copies.

(i)       Every application for a copy under section 67 of the Act shall be in writing,

(ii)      For the grant of copies other than copies from the Register of firms the following fees shall be levied, namely:

(a)      For a certified copy of an acknowledgment of registration of a firm-one rupee.

(b)      For a certified copy of or extract from any other document- fifty paise for each hundred words or part thereof.

(iii)     For the grant of a certified copy or extract from the register of firms, a fee of fifty paise for each hundred words or part thereof shall be levied.

Rule - 15. Seal.

The seal, used by the Registrar shall bear the words "Registrar of Firms, Kerala".

Rule - 16. Preservation and elimination of registers and records.

(a)      The register of firms and the index thereto shall be preserved permanently.

(b)      All other records, including the statements referred to in section 58 of the Act, may be destroyed:

(i)       in the case of firm which has been dissolved on the expiry of five years from the date of its dissolution; and

(ii)      in the case of a firm which, though not dissolved, has not been transacting business and has not been heard of for a period of not less than seven years, in accordance with and subject to the provisions of sub-rule (c)

(c)      In cases, falling under Cl. (ii) and sub-rule (b), the Registrar shall publish in the Gazette and at the same time send by registered post to anyone of the partners of the firm concerned to his last known address, a notice stating that the records and statements relating to the firm will be destroyed unless cause is shown to the contrary within a period of three months from the date of publication of the notice in the Gazette. If cause is not shown as aforesaid, the records and statements may be destroyed.

Rule - 17. Translations to be furnished where original is not in English or Malayalam.

If any document required to be filed under the Act or any portion of such document is not in the English or Malayalam language, an English or Malayalam translation of such document or portion, certified as correct by at least one partner or his authorized agent shall be furnished along with each copy of such document or portion.

Rule - 18. Office hours.

The office of the Registrar shall be open for business (Sun days and authorized holidays excepted) between the hours of 11 a.m. and 4.30 p.m. except on Saturdays when it shall be open between the hours of 11 a. m. and 1 p. m.

Rule - 19. Administration Report.

The Registrar shall submit to the Government so as to reach them on or before the 1st of June in each year a report on the working of the Act during the official years ending on the 31st March preceding.

Rule - 20.

The Travancore-Cochin Partnership (Registration of Firms) Rules, 1952 and the Madras Partnership (Registration of Firms) Rules, 1932 in their application to the territories referred to as Malabar District in section 5(2) of the States Re-organization Act, 1956 (Central Act 37 of 1956), are hereby repealed.

Provided that any order made or action taken under the rules so repealed shall be deemed to have made or taken under the corresponding provision of these Rules.