THE MAHARASHTRA PARTNERSHIP RULES 1989

RULE01: SHORT TITLE

These rules may be called the Maharashtra Partnership Rules,1989

RULE 02: DEFINITIONS

In these rules unless the context requires otherwise, —

(a) Act means the Indian Partnership Act, 1932;

(b) “Firm” means a firm to which the Act applies;

(c) “Form” means a Form prescribed in the Schedule

(d) “Register” means the register of firms kept under section 59;

(c) “Schedule” means the schedule hereto appended;

(d) “Section” means a section of the Act.

RULE 03: FORMS OF STATEMENTS

The Statements required to be sent or delivered to the Registrar under section 58 and no of the Act shall, respectively, be in Forms “A” and “B” and be verified in the manner as laid down in the footnotes to the respective Forms.

RULE 04: FORMS OF INTIMATION AND NOTICES

Intimations and notices which are required to be given under sections 61, 62 and 63 of the Act shall, respectively, be given in Forms “C”, “D’, ‘E” and “F” and be verified in the manner set forth in the footnotes to the respective Forms.

RULE 05: MARATHI TRANSLATION WHEN TO BE FURNISHED

If any document or portion of a document which is required to be submitted under the Act is not in the Marathi language in Marathi translation thereof duly certified shall be furnished along with such document to the Registrar.

RULE 06: FORMS OF REGISTER

The Register shall be maintained in Marathi in Form ‘G’ and separate page shall be devoted to each firm. The pages, after the entries are made shall be bound in proper permanent registers in the order of the consecutive number allotted to each form on registration, Even entry in the Register shall be signed by the Registrar.

RULE 07: AMENDMENT OF REGISTER

When an entry made in the Register is to be amended, it shall be made by the drawing a rod line through the entry and (hereafter a new entry shall be made at the end of the existing entries. Serial number or the new entry shall be made against the amended entry in red ink.

SECTION 08: PROCEDURE ON DISPUTE

(a) If ally person wishing to dispute any entry in the Register, such person shall give the Registrar a notice in writing to that effect and the Registrar hail make a remark to that effect at the end of the then existing entries and shall also make a remark in red ink in the remarks column against the entry so dispute.

(b) The Registrar shall then, as soon as may be, send an intimation of such notice to all the concerned partners of the firm and if the person giving such notice is one of the partners, in the remaining partners of such firm, as the case may be.

RULE 09: FILING OF DOCUMENTS

A separate file shall be maintained in respect of each firm in which the documents received by the Registrar relating to the said firm, shall, from time to time, be filed. No document shall be filed by the Registrar unless the proper fee and the penalty, if any, due under section 69A has been paid.

RULE 10: CONDITIONS OF INSPECTION

The Register shall be open to inspection on written application and on payment of the fees prescribed in rule 19. The file of the documents kept in the Registrar’s office shall also be open to inspection by any person applying therefor; provided the applicant satisfied the Registrar that he has sufficient interest in the contents of the document of which he applies for inspection and that a mere inspection of the Register will not serve his purpose.

RULE 11: GRANT OF COPIES

A copy of any entry in the Register shall be supplied to any person on written application and on payment of fees prescribed in rule 19. In case any certified copies are required by the applicant to he sent by post, the necessary postage shall also be paid by the applicant

RULE12: ELIMINATION OF DOCUMENTS AND REGISTERS

On the dissolution of a firm, the Index card of that firm shall be market ‘dissolved”, and at the expiration of the five years from the daze of the entry of dissolution in the register, the file and papers relating to such firm may be destroyed; the index card and register relating to such firm shall, however, be retained for a further period of fifteen years. The following Registers and Papers may also be destroyed after five year —

(a) Cash Books (Registers of Receipts).

(b) Deposit Registers.

(c) Registers of Payments (Day Books).

(d) Contingent Cash Books.

(e) Pay Bills.

(f) Budget Papers.

(g) Contingent Bills and Vouchers.

(h) Salle Files Indents.

(i) Establishment Returns.

(j) Applications lot cave etc.

(k) Detailed List of Fending Balances.

The following records and papers may be destroyed after one year:

(a) Counterfoils of Cash Receipts Books.

(b) Sales of Forms Account.

(c) Post Books.

(d) Copies of Monthly and Quarterly Reports.

(e) Correspondence regarding sale of forms.

(f) Correspondence regarding documents registered.

(g) Correspondence regarding documents rejected.

(h) Applications for inspection of certified copies.

(i) Other Miscellaneous Correspondence.

(j) Treasury Challans.

(k) Old Register etc., received from merged States.

RULE 13: INDEX TO THE REGISTER

The Registrar shall maintain in Marathi an alphabetical card Index the Register showing the number, name and location of Principal place of business of each firm. Such index shall not be Open to inspection by the public

RULE 14: MODE OF LODGING DOCUMENTS

Documents may either on payment of the ices prescribed in rule 19 be lodged with the Registrar in person or sent to him by post along with the fees prescribed in rule 19. In case any fees arc sent by money-order, a separate letter advising such remittance and giving proper reference shall also be sent containing clearly the name of the firm so as to enable the fees being properly adjusted. No statement, application, intimation or notice, as the case may be, shall be registered, recorded or filed until the fee prescribed in respect thereof has been paid.

RULE 15: POWER TO RETURN DEFECTIVE OR INCOMPLETE APPLICATIONS AND THE LIKE

lf the Registrar finds that any statement, intimation application or notice received by him is defective or incomplete in any of the particulars required by the Act or rules thereunder, he may return it to the parties for due rectification or completion.

RULE 16: POWER TO MAKE FURTHER INQUIRIES, ETC

The Registrar may make such further inquiries in respect of any statement, intimation, application or notice received by him under the Act or rules thereunder and may call for production of such evidence as he may consider necessary.

RULE 17: CERTIFICATE OF REGISTRATION

 Where a firm is registered under section 59 of the Act, the Registrar shall issue a certificate in Form ‘H’.

RULE 18: MANNER OF FILING OF APPEAL

An appeal under sub-section (4) of section 58 of the Act shall be accompanied by a copy of the order appealed against and a copy of receipt of fee paid for filing an appeal.

RULE 19: FEE PAYABLE IN RESPECT OF DOCUMENT OR ACT

The lees to he paid to the Registrar of Firm in respect of document or act shall be as follows, namely:-

(1) Statement under section 58(1)         Fifty rupees.

(2) Memorandum of appeal under         Twenty-five rupees.

section 58(4).

(3) Statement under section 60(1)         Fifteen rupees.

(4) Intimation under section 6J  Fifteen rupees.

(5) Intimation under section 62  Fifteen rupees.

(6) Notice under section 63(1)  Fifteen rupees.

(7) Intimation under section 63(1A)       Fifteen rupees.

(8) Notices under section 63(2)            Fifteen rupees.

(9) Application under section (4(2)        Fifteen rupees.

(10) Inspection of the Registar of          Seven rupees and fifty paise.

Firms under sub-section (1) of

section 66, for inspection of one

volume of the Register and Firms.

(11) Inspection of document relating      Seven rupees and fifty paise.

to a firm under sub-section (2)

of section 66 for the inspection

of all documents relating to one

firm.

(12) Copies from the Re under  Two rupees.

Section 67, for each hundred

words or part thereof.

(13) Price of Forms prescribed under    One rupee per Point

the rules.