Provided that different dates may be appointed for different provisions of this Act.

Amendment of section 58 of 9 of 1932 In the Indian Partnership Act, 1932 (hereinafter referred to as “the principal Act”), in section 58,-

1. (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-sections
2. (lA) to (1C), the registration of a firm” shall be substituted;
   • (ii) for the words “sending by post or delivering”, the word “furnishing” shall be substituted;
   • (iii) for the words “a statement in the prescribed form and accompanied by the prescribed fee”, the words “a statement in such form and manner alongwith such documents and accompanied by such fee as may be prescribed” shall be substituted;
   • (iv) after clause (a), the following clause shall be inserted, namely:- “(aa) the nature of business of the firm,”;
3. (b) after sub-section (1), the following sub-sections shall be inserted, namely:- “(1A) Each partner signing the statement and the firm shall have a Permanent Account Number
4. (PAN) issued under the Income Tax Act, 1961 in order to be eligible for grant of registration of a firm under section 59: Provided that a non-resident person being a partner in any firm may be allowed on the basis of such other documents as may be prescribed. (1B) On and from the date specified by the State Government, by notification in the Official Gazette, every individual partner shall, in order to be eligible for grant of registration of a firm under section 59, undergo authentication, or furnish proof of possession of Aadhaar number, in such manner as may be prescribed: Provided that if the Aadhaar number is not assigned to an individual, such individual shall be offered alternate and viable means of identification in such manner as may be prescribed. (1C) On and from the date specified by the State Government, by notification in the Official Gazette, every person, other than an individual partner, shall, in order to be eligible for grant of registration of a firm under section 59, undergo

authentication, or furnish proof of possession of Aadhaar number of the Karta,

Managing Director, whole time Director, such number of partners, Members of Managing Committee of Association, Board of Trustees, authorised representative, authorised signatory and such other class of persons, in such manner as may be prescribed: Provided that where such person or class of persons have not been

assigned the Aadhaar Number, such person or class of persons shall be offered

alternate and viable means of identification in such manner as may be prescribed.

(1C) shall not apply to such person or class of persons, as the State Government may by notification in the Official Gazette, specify.

Explanation.— For the purposes of this section, the expression “Aadhaar

number” shall have the same meaning as assigned to it in clause

1. (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.”;
2. (c) for sub-section (3), the following sub-section shall be substituted, namely:- “(3) No firm shall be registered by any of the names or emblems specified in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 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 (Gujarat Amendment) Act, 2021.

Explanation.- For the purpose of this sub-section, the name shall be considered

undesirable, if-

1. (i) it includes the name of a registered trade mark or a trademark which is subject of an application for registration, unless the consent of the owner or

applicant for registration, of the trade mark, as the case may be, has been

obtained and produced by the firm;

1. (ii) it includes any word or words which are offensive to any section of the people.”.