Schedule 1

Maximum Fees ( See Sub Section (1) of Section 71) Document or act in respect Maximum fee of which the fee is payable [Q] (2) Statement under Section 58 Five hundred twenty five Rupees Statement under Section 60 One hundred Five Rupees. Intimation under Section 61 One Hundred five Rupees. Intimation under Section 62 Fifty three Rupees Notice under Section 63 One hundred five Rupees. Application under Section 64 Fifty three Rupees Inspection of the Register of Twenty six Rupees of Section. Inspection of documents Twenty - Six Rupees relating to a firm under sub- Section (2) of Section 66 Copies from the Register of Eleven Rupees (For each hundred w firms under Section 67 words or part thereof) Provided that the State Government may increase the rate subject to a maximum of five percentage of the above rate in every two years Note: In case where the aplicant requires copies from the Registrar of firms and Societies under Section 67 early i.e. within five working days , he shall file separate application along with double amount of fee and the Competent Authority shall grant copies within five working days " On behalf of the order of Governor of Madhya Pradesh Sd/ A.K.Jain Under Secretary THE MADHYA PRADESH PARTNERSHIP RULES 1951 ( Published under Commerce and Industry Departmental Notification No. 4242-896-VIl) dated the 2nd June, 1952, in " Madhya Pradesh Gazett", Part IV (C) dated the 6th June, 1952) 1. Short - Title - These Rules may be called the Madhya Pradesh Partnership ( Registration of Firms ) Rules, 1951. 2) Definitions- In these rules, unless there is anything repugnant in the subject or context : a) "The Act" means the " Indian Partnership Act 1932" b) "Firm" means a firm to which the Act Applies. c) "Registrar" Means the " Registrar of Firms " 3) Form and verification of Statements under Section 58 & 60. The statements submitted to the Registrar under Sections 58 and 60 of the Act shall be in Forms | & Il respectively, annexed to these rules and shall be verified in the manner sect forth in the manner set forth in the note at the bottom of these forms. 4) Form of intimations and notices under Section 61, 62 and 63- Intimations and notices under Sections 61,62, 63 (1) and 63(2) of the Act shall be in Forms Ill , IV, V and VI, respectively, annexed to these rules, with such variations as circumstances may requdired. 5. Power of Registrar to make enquiries and investigations - The Registrar may, in his discretion, institute such enquiries, or make such investigation, in respect of any matter as may, in his opinion, be necessary for the proper performance of his duties and the administration of the Act or for the settlement of any dispute arising with respect to any firm. 6. Register of Firms: The Register of Firms shall be in English in Form VII 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 asigned a number in a consecutive series commencing with the financial year (1st April), A note of every document filed shall be entered in the register on the page or pages allotted to the firm concerned and shall be signed by the Registrar. The pages after making the entries shall be bound in loose leaf registers in the order of the consecutive number allotted to each firm on registration. 7. Amendment of entries in Register - When an entry made in the Register of firms is to be amended, the amendment shall be shown by drawing a red line, through the entry and making a suitable note in the remark column opposite to the entry concerned and the entry shall be made at the end of the existing entry or entries with suitable cross- reference. 8. Protest against entries in Register - Where any partner or other person interested wishes to dispute, any entry made in Register firms, he shall notify the Registrar of his dispute in writing, and the Registrar shall make any entry at the end of the then existing entries and shall make a red ink reference to the disputed entry in the remarks column against the entry so disputed. 9. Index to Register of Firms A) An index to the Register of firms shalsl be prepared in English on loose sheets, lettered alphabelically, and shall contain the particulars shown in Form VIII annexed to these rules . A fresh index shall be prepared for each financial year. The name of each firm shall be indexed as soon as the entries relating there to are made in the Register of Firms. b) After all the firms registered in a year have been indexed, the index shall be checked byd the Registrar who shall attest it in a 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 10. Translation to be furnished where original not in English:" If any document required to be submitted under the Act or any portion of such document is not in the English language, in English translation of such document or portion , certified as correct by at least one partner ( or his authorised agent ) shalsl be furnished along with each copy of such document submitted to the Registrar. 11. Acknowledgement of registration and documents: a) On the Registration of a firm, the Registrar shall grant to the firm an acknowledgement in Form IX annexed to these rules and on the filing of any document requdired to be filed under the ACt, he shall grant to the person at whose instance it is filed an acknowledgement in Form X annexed to these rules. b) On every document registered or filed under the Act, the Registrar shall endorse the following particulars: i) The number borne by the firm on the register, iii) The serial number of document and iii) The date of registration or filling. The Registrat shall also affix his signature and the seal of his office to such document. 12. Filling of documents A separate file shall be maintained in respect of elach firm, in which the documents received by the Registrar, relating thereto shall, from time to time, be filed. No document shall be filed by the Registrar unless the fee prescribed therefor has been paid. 13. Account of and receipt for fees: An account of all fees received in the Registrar's office shall be maintained therein in Form Xl, A receipt in Form XII shall be granted in respect of elvery fee received. 14. Inspection of original documents: Subject to the payment of fees prescribed in Rule 19, the Register of Firms and all other docuyments recorded shall be open to inspection on a written application submitted to the Registrar during business hours .The file of the documents kept in the Registrar's office shall simiarly be opened to inspection by any person applying therefor, provided the applicant satisfied the Registrar that he has sufficient interest in the contents of the documents of which he applies for inspection and that a mere inspection of the Register of Firms will not serve his purpose. All inspections of records shall be made in the presence of the Registrar or some person appointed by him in that behalf, The Registrar or the person appointed by him shall not permit the applicant while inspecting any documents to make or cause to be made a copy of any such documents, but he shall permit the applicant to take down in pencil such particulars of the documents as would enable him to apply for a certified coply of any entry or portion thereof in the Register of firms. 15. Application for copies to be in writing : Every application for a copy of any entry in the Register of Frims or portion thereof or a copy of the acknowledgement granted under rule 11 shall be in writing accompanied with the requisite copy fee as prescribed in the Rule 19. 16. Seal The seal used by the Registrar shall bear the words " Registrar of Firms Madhya Pradesh" 17. Preservation and elimination of registers and records -1. The following registers and papers shall be permanently retained. a) Register of Firms. b) All registered documents of existing firms. c) Certificates of registration of dissolved firms d) Dissolution orders e) References to Legal Remembrancer to Government, Madhya Pradesh. f) Legal Remember's opinions. 9) References to State Government regarding amendments in the Law and replies to the same. h) Index Register. ii) The following registers and papers shalsl be destroyed after five years a) Cash Book b) Register of fees c) Papers, other than the above, of firms which have been dissolved d) References to State Government other than above. [IIR The following registers and papers shall be destroyed after two years from the succeeding Ist of April a) Receipt book. b) Despatch Register. c) Other routine correspondence d) Indents for forms etc. e) Treasury Receipts. Iv The following registers and papers shall be destroyed after one year from the succeeding Ist of April. a) Reminders b) Explanations of delay 18. Cancellation of the registration of defunct firms (i) When the Registrar has reason to believe that a registered firm is not carrying on business, or is not in operation, or that it has been finally dissolved, but the prescribed intimation has not been given, he shall send by post to every partner of the firm at its last known address a letter enquiring whether the firm is carrying on business or is in operation. ii) If the Registrar receives an answer from any of the partners to the effect that the firm is not clarrying on business or is not in operation or if he does not receive any answer within one month from the date of the posting of the letter, he shall publish in the " Madhya Pradesh 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 and the firm shall be dissolved and the registration shall be deemed cancelled. iii) At the expiration of the time mentioned in the notice the Registrar shall, unless cause is shown previously by the partners strike the name of the firm off the register, and shall publish notice of the factin the " Madhya Pradesh Gazette" , and on such publication the firm shall be considered to be dissolved. 19. Fees - i) The following fees shall be levied for inspection and grant of copies under the provisions of sections 66 and 67 of the Act. 1) For each inspection under rule 14- fifty paisa for inspecting one volume of the register or all documents relating to the firms. 2) For a certified copy of any document or of any extract therefrom under reule 15 - Twenty five paisa for each hundred words or part thereof. 3) For certified copy of the acknowledgement of registration granted under rule Il one rupees. ii) Fees payable under the Act or these rules by a firm or person shall be credited into the Government treasury and the treasury receipts shall be presented or transmitted to the Registrar's office in token of such payment. 20. Submission of documents- Documents to be lodged with the Registrar shall be printed or type written and may be delivered to him either in person or by post. No fact shall be recorded on a mere oral notice. 21. Office hours - The office of the Registrar shall be open for business (Except on Sundays and holidays) from 11 a.m. to 3 p.m. FORMS FORM No.1 ( See Rule 3) Filing Fee ---- Rs. 3) The Indian Partnership Act 1932. Application for Registration of firms by the name Presented or forwarded to the Registrar of Firm for filing........ We, the undersigned, being the partners of the firm...................... hereby apply for registration of the said firm and for that purpose supply the following particulars, in plursuance of section 58 of Indian Partnership Act., 1932. The Firm's name...................... Place of business.......... a) Principal place. b) Other places Name of partners Date of Joining the Permanent address in full firm in full 1 2 3 1. 2. Duration of the firm........... Station........ 1) Dated....... 2) Signature of the partners or their specially authorised agents. lcccccoieeeeee. ON Of.............. Years of age............. do herebyu declare thatthe above statement is true and correct to the best of my knowledge and belief. Date.. Witness Signature lcoceiieceeee. Son of... years of age............. do hereby declare that the abovestatement is true and correct to the best of my knowledge and belief. Date................ Witnesses..... Signature If any partner is a minor the fact whether he is entitled to the benefits of partnership should be set out herein NB.= This form must be signed by all partners or their agents specifically authorised in this behalf in the presence of a witness or witnesses who must be either a Gazetted Officer, Advocate, Pleader, or Chartered Accountant. Here enter name of firm. FORMS FORM No.l ( See Rule 3) Filing Fee ----Rs. 1) The Indian Partnership Act 1932. Statement of Alteration in the name of the .......... Firm or in the location of the principal place of business. Presented or forwarded to the Registrar of firms for filing by..... We the undersigned, being the partners of the firm." .............. Registration No............Date of Registration............... hereby supply the following particulars in plursuance ofSection 60 (i) of the Indian Partnershipn Act. 1932 Name of the firm * .............. Regd. No.......... Date....... Previous name New Name Principal place of business Previous place New Place J Iv Station Date Signature of the partners or their Specially authorised agents. I, cccocviveeee. Son of............ years of age........... do hereby declare that the above statement is true and correct to the best of my knowledge and belief. Witness........ Signature lccccoeeeeee. Son Of............... years of age............ do hereby declare that the above statement is true and correct to the best of my knowledge and belief. Date........ Witness Signature N.B.- Strike out item not required • Here enter name of firm. FORMS FORM No.lll ( See Rule 3) Filing Fee ----Rs. 1) The Indian Partnership Act 1932. Intimate of change in the place of business..................... (Other than............... Principal place of business) Presented or forwarded to the Registrary of firms for filing by Under Section 61 of the Indian Partnership Act, 1932, intimation is hereby given that the changes specified below have occurred in the place of business of the firm *.............. Registration No.......... Date of Registration....... Date of Change....... 1) The firm has discontinued business at.............. 2) The firm has began to carryout business at...... Station Date Signature of any partner or Agent of the firm. FORMS FORM No.iv ( See Rule 4) Filing Fee ----Rs. 1) The Indian Partnership Act 1932. Intimate of change in the name or permanent address of partner. Presented or forwarded to the Registrary of firms for filing by Under Section 62 of the Indian Partnership Act, 1932, intimation is hereby given that the changes specified below have occurred in the name or/and permanent address of partners in the firm*.......... Name of partner - Previous name in full / New Name in full 1) 2 Permanent address of partner - Previous permanent address Present permanent address in full in full 1) 2 Station....... Date. Signature of any partner or agent of the firm. N.B.- Strike out item not required. • Here enter name of firm. FORMS FORM No. V ( See Rule 4) Filing Fee ----Rs. 1) The Indian Partnership Act 1932. Notice of change in the constitution of the firm or of the dissolution of the firm * Presented or forwarded to the Registrary of firms for filing -------------by Under Section 63(1) of the Indian Partnership Act, 1932, intimation is hereby given that the - (i)The constitution of the firms..................... Registration No........... date of Registration............ has been altered as follows : Name and full address Name and full address of the of the incoming partner and outging partner and date of his date of his joining the firm ceasing to be partner. (“1 2 Station.............. Date.......ccc.... Signature of the incoming conti- nuing or outgoing partner or of his specially authorised agent. (2) The fim * <eeeeee.Registration No....ccceeee Dateof registration.......... has been dissolved with effect from the........... Station ..... Signature of the person who was a Date partner immediately before the dissolution or of his specially authorised agent. NB- Strike off item not requdired. • Here enter the name of the firm FORMS FORM No.VI ( See Rule 4) Filing Fee ----Rs. 1) The Indian Partnership Act 1932. Notice of Election by person admitted to the benefit of partnership on attaining majority Presented or forwarded to the Registrary of firms for filing by Under Section 63(2) of the Indian Partnership Act, 1932, intimation is hereby given that ................. admitted to the benefit of............. partner ship in the firm* .......Registration No.............Dateof Registration.......... having now attained majority elects to become/ elects not to become a partner of the said firm. Station Date....... Signature of the person Electing or of his specially authorised agent. • Here enter name of firm FORMS FORM No.VII Register of firms Maintained under section 59 of the Indian Partnership Act 1932. 1. Serial Number of firm 2. Name of firm - 3. Date of registration - 4. Duration of the firm- 5. Address Date ofChange Remarks 1 2 3 6. Partners Name of Address Date of Remarks Partners Joining Ceasing «“ (2 3 (4) (5) 7. Principal place of business and changes therein - Particulars regarding the place Date of change Remarks (1) 2 (3) 8)Other places of business Name of place Date of Remarks Opening Ceasing + 2 003 004 00 9. Name of firm Serial No.of the Description of Date of Signature of document document filing Registrar 1 2 3 4 FORM No. VIII (See Rule 9) Index to the Register of firm Name of Names of Principal Trade Volume First No. of firm partners Place of No. page borne business of entry on the register 1 2 3 4 5 6 7 FORM No. IX (See Rule 11 )a_ Acknowledgement of Registrar of firms The Registrar of firms Madhya pradesh, hereby acknowledges the receipt of the statement prescribed by Section 58 (i) of the Indian Partnership Act. 1932, The Statement has been filed and the name of the firm............ has been entered in the Register of firm as...... No...... of 19. Seal Registrar of firm Bhopal The ..... Day of. ...19 • Here enter name of firms FORM No. X (See Rule 11 (a) The Registrar of firms Madhya pradesh, hereby acknowledges the receipt of the under mentioned document and of the fee noted against........ for the same and intimateds that....... been..... pursuant to section of the Indian Partnership Act. 1932. Seal Registrar of firm Bhopal The ..... Day of. ...19 Forwarded to the Managing Agent/ Partner of the..... with reference to their/his letter No...... dated the....... Registrar of firms. FORM No. XI (See Rule 13) Office of the Registrar of firms Register of fee Date of Amount From whom on what Date of remitt- receipt received received account ance to Govt. treasury 1 2 3 4 5 FORM No. XII (See Rule 13) Receipt for fee Received from.............. The sum of rupees (In words) being thefee for -- Rs. P. Filing Statem,ent Filing notice Inspection of Copy of ( Number of words) Total Station Dated .......