THE INDIAN PARTNERSHIP (GOA, DAMAN & DIU AMENDMENT) ACT, 1966
1. Short title, extent and commencement
2. Amendment of section 5 of the Indian Partnership Act, 1932 (Central Act IX of 1932)
3. Amendment of section 58
4. Amendment of section 74
5. Amendment of schedule I
The Indian Partnership (Goa, Daman & Diu Amendment) Act, 1966
(Act No. 6 of 1966) [5th July, 1966]
An Act to amend the Indian Partnership Act, 1932 in its application to the Union territory of Goa, Daman and Diu.
BE it enacted by the Legislative Assembly of Goa, Daman and Diu in the
Seventeenth Year of the Republic of India as follows:—
1. Short title, extent and commencement.— (1) This Act may be called the Indian Partnership (Goa, Daman and Diu Amendment) Act, 1966.
(2) It extends to the whole of the Union Territory of Goa, Daman and Diu.
(3) It shall come into force on such date as the Government of Goa, Daman and Diu may, by notification, appoint.
2. Amendment of section 5 of the Indian Partnership Act, 1932 (Central Act IX of 1932).— In section 5 of the Indian Partnership Act, 1932 (hereinafter referred to as the principal Act,) for the words “Burmese Buddhist husband and wife carrying on business as such”, the words “a husband and wife under the regime of communion of property carrying on business as such” shall be substituted.
3. Amendment of section 58.— (1) In section 58 of the principal Act for the existing sub-section (3), the following shall be substituted:—
“(3) No firm shall be registered by a name which in the opinion of the Registrar is undesirable”.
(2) In section 58 of the principal Act, after sub-section (3), as so amended the following shall be added:—
“(4) Any person aggrieved by an order of the Registrar under sub-section (3) may within 30 days from the date of communication of such order, appeal to the State Government whose decision shall be final”.
(5) A firm’s name shall not contain any of the following words, namely, Union, State, President, Republic, Governor or words expressing or implying the sanction, approval or patronage of Government unless the Government of Goa, Daman and Diu signifies, by order in writing, its consent to the use of such words as part of the firm’s name:
Provided that nothing in this sub-section shall apply to any firm carrying on business under any such name, before the date of the commencement of the Indian Partnership (Goa, Daman and Diu Amendment) Act, 1966.
(6) Any person who contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to five hundred rupees.
4. Amendment of section 74.— Section 74 of the principal Act shall be renumbered as sub-section (1) thereof and after sub-section (1) so renumbered the following shall be inserted:—
“(2) Notwithstanding anything contained in sub-section (1) and in any other law in force in the Union Territory of Goa, Daman and Diu the provisions of sub-sections (1) and (2) of section 69 shall apply to all suits instituted in the Union Territory of Goa, Daman and Diu after the 1st January, 1965, even if the cause of action with respect to the said suits had arisen before that date.”
5. [Substituted Schedule - I by Act No. 12 of 2002 [4-3-2002].] Amendment of Schedule I.— In the Indian Partnership Act, 1932 (Central Act 9 of 1932) as in force in the State of Goa, for Schedule – I, the following shall be substituted, namely,—
“SCHEDULE I
Maximum Fees
[See sub-section (1) of section 71]
(1) For statement under section 58 … Rupees seventy.
(2) Statement under section 60, 61 and 62 … Rupees twenty.
(3) Notice under section 63 … Rupees twenty-five.
(4) Application under section 64 … Rupees thirty-five.
(5) Inspection of volume under section 66 (1) for inspecting One volume of register … Rupees fifteen.
(6) For inspection of all documents relating to one firm … Rupees thirty.
(7) Copies from the Register of Firms, other than by Xerox … Rupees twenty”.