The Partnership Act

(1) These rules may be called the Goa, Daman and Diu Partnership Rules, 1979. (2) They shall come into force at once.

In these rules, unless there is anything repugnant in the subject or context,- (a) "Act" means the Indian Partnership Act, 1932 (Central Act 9 of 1932); (b) "Document" includes statements, intimations and notices prescribed by the Act; (c) "Firm" means a firm to which the Act applies; (d) "Form" means a Form appended to these rules; (e) "Notification" means the Notification published in the Official Gazette; (f) "Registrar" means a Registrar of Firms appointed under section 57 of the Act.

(1) All applications, documents and statements required to be filed under the Act shall be made to the Registrar within whose jurisdiction the firm is carrying on business and when it is carrying on business within the jurisdiction of more than one Registrar, to the Registrar within whose jurisdiction its principal place of business is situated. (2) Notice of change of the principal place of business shall be given to the Registrar with whom the firm is registered, even if the new principal place of business is within the jurisdiction of another Registrar. In every such case the first mentioned Registrar shall make an entry to that effect in the Register of Firms and update the entries thereto, and transmit the record to the Registrar within whose jurisdiction the new principal place of business is situated.

Documents required to be lodged with the Registrar may be presented in person or sent by post alongwith the prescribed fee: Provided that when a document is lodged by a specially authorised agent, he shall produce before the Registrar his power of attorney.

(1) The statement under section 58 of the Act for registration of the firm shall be in Form No. I. (2) The notice under section 60 of the Act relating to changes in the firm's name and the principal place of business shall be in Form No. II. (3) The notice under section 61 of the Act of closing and opening of business shall be in Form No. III. (4) The notice under section 62 of the Act of change in the names and addresses of partners shall be in Form No. IV. (5) The notice of alterations in the constitution of a firm and dissolution of a firm, under section 63(1) of the Act, shall be in Form No. V and VI respectively. (6) The notice by a minor opting to attain/or repudiating a partnership to be given under section 63(2) of the Act by or on attaining majority shall be in Form No. VII. (7) An index to the Register of Firms shall be maintained by the Registrar in Form No. VIII.

On receipt of any statement, intimation, notice or any other document permitted by the Act to be filed or lodged in his office, the Registrar shall examine if it is defective or incomplete in any of the particulars required to be given therein, or not verified in the prescribed manner or in any way not in accordance with the provisions of the Act or these rules, he shall return it to the person applying for filing or recording or to the firm even and until proper rectification or completion is made he shall not register or file the document in question nor can he file or register any subsequent documents until the prescribed fees are paid to and received by him. The Registrar shall upon receipt of such fees act in the same way as if no such document has been tendered for filing or recording or registration.

The Registrar may acknowledge the receipt of filing of any document once necessary entries have been made in the Register of Firms.

The Registrar may in case of doubt institute such enquiries as he may deem fit and proper in respect of any matter as may in his opinion be necessary for proper governance of his duties and administration of the Act, especially where a dispute arises amongst the several partners of a firm, and for this purpose may call upon any of the partners or all of them to produce any original deed document or other evidence as he thinks fit.

If any person wishes to dispute any entry or record made by the Registrar, such person shall give a written intimation to the Registrar and the Registrar shall make a note to that effect on the remark column of the register and also make a record in writing in the remarks column. The Registrar shall at his discretion be, send a copy/intimation of such notice to all the partners of the concerned firm and the notice to one of the partners of each of the firm may be deemed as notice to all the partners of such firm.

When an amendment is made in the register, it is to be clearly indicated that the amendment shall be made by typing a line through the entry and adding a new one at the end of the columns with a note indicating the serial number.

The office of the Registrar shall be situated in the towns of Panaji, Margao, Mapusa and Daman in the office of the respective Collectors or Mamlatdars of the said places and at Diu in the office of the Administrator of the said place and shall be open for inspection by the public during office hours (and all holidays excepted) between the hours of 10 a.m. and 5 p.m. Provided that he shall first satisfy the right, whenever inspecting to take copies or extracts from any of the documents or registers.