58.
Application for registration.- (1)
Subject to the provisions of sub-section of
sub-section (1A), the registration of a firm
effected by sending by post or delivering to
the Registrar of the area in which any place
of business of the firm is situated or proposed
to be situated, a statement in the prescribed
form and accompanied by the prescribed fee and
a true copy of the deed of partnership stating
(a) the firm-name,
(aa) the nature of business
of the firm;
(b) the place or principal
place of business of the firm,
(c) the names of any other
places where the firm carries on business,
(d) the date when each partner
joined the firm,
(e) the names in full and
permanent addresses of the partners, and
(f) the duration of the firm.
The statement shall be signed
by all the partners, or by their agents specially
authorised in this behalf
(1A) The statement under sub-section
(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) Act, 1984,
such statement shall be sent or delivered to
the Registrar within a period of one year firm
such date.
(2) Each person signing the
statement shall also verify it in the manner
prescribed.
(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, 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
under any such name before the date of the commencement
of the Indian Partnership (Maharashtra Amendment)
Act, 1984.
(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 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.
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