58. Application for registration.

(1) The registration of a firm may be effected at any time 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, stating,-
(a) the firm name,

(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.

(2) Each person signing the statement shall also verify it in the manner prescribed.

(3) A firm name shall not contain any of the following words, namely- “Crown”, “Emperor”, “Empress”, “Empire”, “Imperial”, “King”, “Queen”, “Royal”, or words expressing or implying the sanction, approval or patronage of Government, except when the State Government signifies its consent to the use of such words as part of the firm name by order in writing.

State Amendments
Goa, Daman and Diu
In section 58,-
(i) for sub-section (3), substitute the following sub-section, namely-
“(3) No firm shall be registered by a name which in the opinion of the Registrar is undesirable”.

(ii) after sub-section (3), insert the following sub-sections-
“(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 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”.
[Vide Goa, Daman and Diu Act 6 of 1966, sec. 3 (w.e.f. 22-8-1966)]

Maharashtra
In section 58-
(a) in sub-section (1),
(i) for the words “The registration of a firm”, substitute the words, brackets, figure and letter “Subject to the provisions of sub-section (1A), the registration of a firm”;
(ii) Omit the words “at any time”;
(iii) after the words “prescribed fee”, insert the words “and a true copy of the deed of partnership”;
(iv) after clause (a), insert the following clause, namely-
“(aa) the nature of business of the firm;”;

(b) after sub-section (1), insert the following sub-section, namely-
“(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 (Maharashtra Act 29 of 1984), such statement shall be sent or delivered to the Registrar within a period of one year from such date.”;

(c) for sub-section (3), substitute the following sub-sections, 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, 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 (Maharashtra Act 29 of 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”.
[Vide Maharashtra Act 29 of 1984, sec. 6 (w.e.f. 1-1-1985)]

Pondicherry
In section 58, for sub-section (3), substitute the following sub- sections, namely-
“(3) The Registrar shall refuse to register-
(a) a firm under sub-section (1) or
(b) an alteration of the firm name,
if the proposed name or alteration of the firm name is identical with the name of which any other existing firm has been registered or in the opinion of the Registrar so nearly resembles such other name as to be likely to deceive or mislead the public or the members of either firm.

(4) Any person who is aggrieved by an order of Registrar under sub-section (3) may file an appeal before such person or authority, in such manner, within such time and on payment of such fees as may be prescribed. The appeal shall be heard and decided in such manner as may be prescribed.”
[Vide Pondicherry Act 8 of 1969, sec. 2 (w.e.f. 1-1-1970)]

Rajasthan
In section 58, for sub-section (3), substitute the following sub- sections, namely-
“(3) No firm shall be registered by a name which, in the opinion of the State Government, is undesirable.

(4) Except with the previous sanction, in writing, of the State Government, no firm shall be registered by a name which contains any of the following words, namely-
(a) ‘Union’, ‘State’, ‘President’, ‘Republic’ or any word expressing or implying the sanction, approval or patronage of the Central or any State Government; and
(b) ‘Municipal’, ‘Chartered’ or any word which suggests or is calculated to suggest connection with any municipality or local authority:
Provided that nothing in this sub-section shall apply to any firm registered before the date of commencement of the Indian Partnership (Rajasthan Amendment) Act, 1971.”
[Vide Rajasthan Act 10 of 1971, sec. 2 (w.e.f. 15-9-1971)]

Tamil Nadu
Same as in Rajasthan, except that in the proviso to sub-section (4), for the words “Indian Partnership (Rajasthan Amendment) Act, 1971” substitute the words “Indian Partnership (Madras Amendment) Act, 1965”.
[Vide Tamil Nadu Act 35 of 1965, sec. 2 (w.e.f. 1-4-1966)]

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