Amendment of section 58 of Act IX of 1932

In section 58 of the principal Act,—

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-section (1A), the registration of a firm " shall be substituted;
   • (ii) the words "at any time " shall be deleted;
   • (iii) after the words "prescribed fee " the words "and a true copy of the deed of partnership " shall be inserted;
   • (iv) after clause (a), the following clause shall be inserted, namely :— "(aa) the nature of business of the firm;";
2. (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1A) The statement under sub-section

1. (1) shall be sent or delivered to the Registrar within a period of one year from the date of constitution of the firm: Provided that in the case of any firm carrying on business on or before the date of commencement of the Indian Partnership (Maharashtra Amendment) Mah. Act, 1984, such statement shall be sent or delivered to the Registrar within XXIX of a period of one year from such date.";
   • (c) for sub-section (3), the following sub-sections shall be substituted, namely:— "(3) A firm shall not have any of the names or emblems specified in the Schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950, XII of 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 Mah. under any such name before the date of the commencement of the Indian Partner- XXIX ship (Maharashtra Amendment) Act, 1984.
2. (4) Any person aggrieved by an order of the Registrar under sub-section
3. (3) may, within 30 days from the date of communication of such order, appeal to the officer not below the rank of Deputy Secretary to Government authorised by the State Government in this behalf, in such manner, and on payment of such fee, as may be prescribed. On receipt of any such appeal, the authorised officer shall, after giving an opportunity of being heard to the appellant, decide the appeal, and his decision shall be final.".