The Punjab Partnership (Registration of Firms) Rules, 1932

Updated: Tuesday June 04, 2019/AthThulatha Shawwal 01, 1440/Mangalavara Jyaistha 14, 1941, at 02:38:02 PM

1. Short title. These rules may be called the Punjab Partnership (Registration of Firms) Rules, 1932.

2. Definitions. In these rules unless there is anything repugnant in the subject or context:-

(a) “the Act,” means Partnership Act, 1932.

(b) “Registrar” means the “Registrar of Firms.”

3. Form and verification of statements under sections 58 and 60. The

statements submitted to the Registrar under sections 58 and 60 of the Act shall, respectively, be in Forms I and II annexed to these rules and shall be verified in the manner indicated therein.

4. Form of intimation and notice under sections 61, 62 and 63. Intimation and notices under sections 61, 62, 63 (1) and 63 (2) of Act shall respectively be in forms III, IV,V and VI annexed to these rules with such variations as may be necessary to suit each case.

48[4-A. The notice of an alteration which is required to be filed with Registrar under Sections 60,61,62,,63 and 64 of the Act., shall be filed within a period of one month from the date of occurrence of the alteration].

5. Register of Firms. The Register of Firms shall be in Form A annexed to

these rules. The name of , and the particulars relating to, a firm shall be entered therein in the order of its registration on a separate page or pages, as the case may be. Each firm shall be assigned a number in a consecutive series commencing and ending with a calendar year. A note of every document filed shall be entered in the Register in the page or pages allotted to the firm concerned and shall be signed by the Registrar.

6. Amendment of entries in Register. When an entry made in the Register of Firms is to be amended, the amendment shall be shown by means of a suitable note in red ink in the remarks column opposite to the entry concerned and the new entry shall be made at the end of the then existing entry or entries with suitable cross references.

7. Protest against entries in register. Where any partner or other person interested makes a protest in writing to the Registrar disputing any entry made in the Register of Firms, the Registrar shall record such protest and make a reference thereto in red ink in the remarks column against the disputed entry.

8. Index to Register of Firms. (a) An index to the Register of Firms, shall be prepared in English on loose sheets lettered alphabetically, and shall contain the particulars shown in Form B annexed to these rules. A fresh index shall be prepared for each calendar year. The name of each firm shall be indexed as soon as the entries relating thereto are made in the Register of Firms.

(b) After all the firms registered in a year have been indexed, the index shall be checked by the Registrar who shall add a certificate in token of such check and the pages shall then be numbered in ink.

9. Certificate of registration and filing of documents. (a) Upon the registration of a firm the Registrar shall grant to the firm a certificate in Form C annexed to these rules, and on the filing of any document required to be filed under the Act,. He shall grant to the person filling it a certificate in form D annexed to these rules.

(b) On every document filed under this Act. The Registrar shall endorse the following particulars, namely-

(i) the number borne by the firm on the register;

(ii) the name of the firm;

(iii) the description of the document;

(iv) the serial number of the document; and

(v) the date of filing.

The Registrar shall also affix his signature and the seal of his office to such document.

(c) If there is no space on the document for entering the particulars referred to in clause (b), the entry shall be made on a separate paper which shall be attached to the document and a note of the fact shall be made on the document itself and signed by the Registrar.

49[9-A. The Registrar may, in his discretion institute such enquiries make such investigations, 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.

[9-B. (a) Where 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 that the prescribed intimation has not been given, he shall send by post to every partner of the firm on its last known address a letter enquiring whether the firm is carrying on the business or is in operation.

(b) If the Registration receives an answer from any of the partners to the effect that the firm is not carrying on business or is not is operation or if does not receive any answer within one month from the date of posting that letter he shall publish in the Punjab Government Gazette and send to all the partners by registration post , a notice to the effect that at the expiration of the three months from the date of the notice the name of the firm mention therein shall unless cause is shown to the contrary, be struck off the registers and the firm shall be dissolved and the registration shall be deemed cancelled.

(c) At the expiration of the time mentioned in the notice the Registrar shall unless good cause in shown previously by the partners to the contrary, Strike the name of the firm off the registers and shall publish a notice of the fact in the Punjab Government Gazette, and on such application the firm shall be considered to be dissolved”]

10. Filling of documents. A separate file shall be maintained in respect of each firm in which all documents relating thereto received from time to time by the Registrar shall be filed. No document shall be filed by the Registrar unless the fee prescribed therefore has been paid.

⁵⁰[10-A. (i) The following registers and papers shall be permanently retained: -

(a) Register of Firms.

(b) All registered documents of existing firms.

(d) Dissolution orders.

(e) Reference to Legal Remembrance and his opinions.

(f) References to the Local Government regarding amendments in the law and

replies to the same.

(g) Index Registrar.

(ii) The following registers and papers shall be destroyed after five years: -

(a) Cash Book.

(b) Register of fees.

dissolved.

(d) Reference to the Local Government on matters other than the above.

(iii) The following registers and books shall be destroyed after two years from the succeeding 1st April.

(a) Receipt Book.

(b) Dispatch Register.

(d) Indents for forms, etc.

(e) Treasury receipts

(iv) The following register and papers shall be destroyed after one year from the succeeding 1st April.

(a) Reminders

(b) “Explanations of delay.”]

⁵¹[11. Fees payable under the Act, or the rules framed thereunder by a fim or a person shall be credited into the Government Treasury under head XXXVI-Miscellaneous Department and the treasury receipt transmitted to the Registrar in token of the prescribed payment.]

Rs. A P

for a certified duplicate copy of a certification of registration 1 0 0

on an application submitted under section 64. 1 0 0

for each inspection under rule 12. 0 3 0

for copies of documents generally per each 100 words or part thereof 0 8 0

⁵²[11-A. The following fees shall be levied f or the purposes noted against each item: -

(1)

(2)

(3)

(4)

12 Inspection of original documents. Any person interested in a firm may, on satisfying the registrar of such interest and on payment of the prescribed fee, inspect the original documents relating to the firm filed with the Registrar.

13 Application for copies to be in writing. Every application for a copy under section 67 of the Act shall be in writing on judicial paper.

14 Seal. The seal used by the Registrar shall bear the words “Registrar of Firms. Punjab.”

15 Preservation and elimination of registers and records. The

register of firms and the index thereto shall be preserved permanently. All other records including the statements referred to in section 58 may be destroyed on the expiry of 5 years from the date of the dissolution of the firm concerned.

16 Translation to be furnished where original not in English. If

any document required to be field the Act or any portion of such documents is not in English language, a translation of such document of portion, certified as correct by at least one partner (or his authorized agent) shall be furnished along with each copy of such document or portion.

17 Officer hours. The office of the Registrar of Firms shall be open for business (Sundays and authorized holidays excepted) between the hours of 11 AM. And 3 PM. except on Saturdays, when it shall be open between the hours 11 AM, and 1 PM.

18 Administration report. The Registrar {shall submit to the Provincial Government so as to reach them on or before the 15* of June in each year a report on the working of the partnership Act, 1932, during the official year ending the 31^s، March preceding.

Certificate

It is certified that the Partnership Rules, 1932 is not available on the site of the Assembly (www.punlablaw.gov.pk) and the same is error free updated.

Partnership Act, 1932