STATE AMENDMENT

Section 59A

Andhra Pradesh
After section 59, insert 
the following section, namely-

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59A. Amendment of the Register of Firms-

(1) Notwithstanding anything in this Chapter, the Registrar of Firms, Andhra Pradesh, may, by order in writing, amend the register by deleting therefrom the entries relating to any firm, whose place of business has, by virtue of the provisions contained in the States Reorganisation Act, 1956 and the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, ceased to be in the Andhra Pradesh; the Registrar may likewise amend the register by adding thereto the entries relating to any firm included in the register of another State but, whose place of business has, by reason of the said provisions, become included in the State of Andhra Pradesh:
Provided that the Registrar shall, before passing an order under this sub-section, give to the firm concerned an opportunity of making its representation, if any.

(2) The Registrar shall cease to perform the functions of a Registrar under the Act in respect of any firm the entries relating to which are deleted as aforesaid and shall perform the functions of a Registrar under the Act in respect of any firm the entries relating to which are added as aforesaid.

(3) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time as may be specified in this behalf by an order made by the Government of the Andhra Pradesh, and such Authority shall pass such order on the appeal as it thinks fit.

(4) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it under sub-section (3), the order of the appellate authority, shall be final.”
[Vide Andhra Pradesh Act 7 of 1965, sec. 2 (w.e.f. 10-3-1965)]

Kerala
After section 59, insert the following section, namely-
“59A. Amendment of Register- (1) Notwithstanding anything contained in this Chapter, the Registrar of Firms appointed by the State of Kerala may, by order in writing, amend the register by deleting therefrom the entries relating to any firm whose place of business has, by reason of the reorganisation of States, ceased to be situated in the State of Kerala.

The Registrar may likewise amend the register by adding thereto the entries relating to any firm included in the register of the State of Madras but whose place of business has, by reason of the said reorganisation of States, become part of the State of Kerala:
Provided that the Registrar shall, before passing an order, make such inquiry as he deems necessary.

(2) After such amendment the Registrar shall cease to perform the functions of a Registrar in respect of any firm the entries relating to which have been deleted as aforesaid and shall perform all the functions of a Registrar in respect of all firms the entries relating to which are added as aforesaid.

(3) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time as may be specified in this behalf by the State Government of Kerala, and such authority shall pass such order on the appeal as it thinks fit.

(4) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it under sub-section (3), the order of the appellate authority, shall be final.

(5) The provisions of this section shall cease to be in force from such date as the State Government of Kerala may, by notification in the Gazette, appoint.”
[Vide Kerala Adaptation of Laws (No. 2) Order, 1957 (w.e.f. 30-10-1957)]

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Madhya Pradesh
After section 59, insert the following section, namely-
“59A. (1) 
Notwithstanding anything contained in this Chapter, the Registrar of Firms appointed by the State of Madhya Pradesh may, by order in writing, amend the register by deleting therefrom the entries relating to any firm, whose place of business has, by reason of the reorganisation of States, ceased to be situated in the State of Madhya Pradesh.

The Registrar may likewise amend the register by adding thereto the entries relating to any firm included in the register of another State but whose place of business has, by reason of the said reorganisation of States, become part of the State of Madhya Pradesh:
Provided that the Registrar shall, before passing an order, make such inquiry as he deems necessary.

(2) After such amendment the Registrar shall cease to perform the functions of a Registrar in respect of any firm the entries relating to which have been deleted as aforesaid and shall perform all the functions of a Registrar in respect of all firms the entries relating to which are added as aforesaid.

(3) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time as may be specified in this behalf by the State Government of Madhya Pradesh, and such authority shall pass such order on the appeal as it thinks fit.

(4) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it under sub-section (3), the order of the appellate authority shall be final.

(5) The provisions of this section shall cease to be in force from such date as the State Government of Madhya Pradesh may, by notification in the State Gazette, appoint.”
[Vide Madhya Pradesh Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1957 (w.r.e.f. 1-11-1956)].

Maharashtra
(i) After section 59, insert the following section, namely-
“59A. Deletion and addition of entries relating to certain firms, by reason of reorganisation of States- (1) Notwithstanding anything contained in this Chapter, a Registrar of Firms appointed for any area by the Government of Bombay may, by order in writing, amend the Register of Firms maintained by him by deleting therefrom the entries relating to any firm, whose place of business has, by reason of the reorganisation of States under the States Reorganisation Act, 1956, ceased to be situated in the State of Bombay. The Registrar may likewise and without any charge or fee therefor amend the Register by adding thereto the entries relating to any firm included in the Register of another State but whose place of business has, by reason for such reorganisation, become part of the area within his jurisdiction in the State of Bombay:
Provided that the Registrar shall, before passing any order under this sub-section, make such inquiry as he deems necessary and give notice to the firm and the Registrar of the State concerned.

(2) After such amendment, the Registrar shall cease to perform the functions of a Registrar in respect of any firm the entries relating to which have been deleted as aforesaid and shall perform the functions of a Registrar in respect of any firm the entries relating to which are added as aforesaid.

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(3) Any person aggrieved by an order under sub-section (1) may appeal to such authority, and within such time, as may be specified in this behalf by the Government of Bombay by notification in the Official Gazette; and such authority shall pass such order on the appeal as it thinks fit.

(4) An order of a Registrar under sub-section (1), or when an appeal has been preferred against it under sub-section (3), the order of the appellate authority shall be final.

(5) The provisions of this section shall cease to be in force from such date as the Government of Bombay may, by notification in the Official Gazette, appoint.”
[Vide Central Acts on State and Concurrent Subjects (Bombay Adaptation) (Amendment) Order, 1957 (w.e.f. 17-10-1957)].

Section 59A1
(ii) After section 59, insert the following section, namely-
“59A1. Late registration on payment of penalty- If the statement in respect of any firm is not sent or delivered to the Registrar within the time specified in sub-section (1A) of section 58, then the firm may be registered on payment, to the Registrar, of a penalty of one hundred rupees per year of delay or a part thereof.”
[Vide Maharashtra Act 29 of 1984, sec. 8 (w.e.f. 1-1-1985)]

Mysore (Karnataka)
In section 59A, in sub-section (1), for the words “by reason of the reorganisation of States”, the words, brackets, etc., “by reason of the addition of the Bellary district to the State of Mysore under the Andhra Pradesh State Act, 1953 (Central Act 30 of 1953), or of the reorganisation of States under the States Reorganisation Act, 1956 (Central Act 37 of 1956)” shall be substituted.
[Vide Mysore Act 19 of 1961, sec. 2 (w.e.f. 14-9-1961)]

Note-This amendment relates to section 59A as introduced by Madras Adaptation of Laws (Central Acts) Order, 1957.

Tamil Nadu
After section 59, insert the following section, namely-
“59A. Special provision for amending the register- (1) Notwithstanding anything contained in this Chapter, the Registrar of Firms appointed by the State Government of Madras may, by order in writing, amend the register by deleting therefrom the entries relating to any firm, the place of business of which has, by reason of the formation of the State of Andhra or of the addition of the Bellary district to the State of Mysore under the Andhra State Act, 1953 or of the reorganisation of States under the States Reorganisation Act, 1956, or of the alteration of boundaries under the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, ceased to be located in the State of Madras.

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The Registrar may likewise amend the register by adding thereto the entries relating to any firm included in the register of another State but the place of business of which has, by reason of the said reorganisation of States or of the said alteration of boundaries, become part of the State of Madras: Provided that the Registrar may, before passing an order, make such inquiry as he deems necessary.

(2) After such amendment the Registrar shall cease to perform the functions of the Registrar in respect of any firm the entries relating to which have been deleted as aforesaid and shall perform all the functions of a Registrar in respect of all firms the entries relating to which are added as aforesaid.

(3) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time as may be specified in this behalf by the State Government of Madras, and such authority shall pass such order on the appeal as it thinks fit.

(4) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it under sub-section (3), the order of the appellate authority shall be final.

(5) The provisions of this section shall cease to be in force from such date as the State Government of Madras may, by notification in the Official Gazette, appoint.”
[Vide Tamil Nadu (Added Territories) Adaptation of Laws Order, 1961 (w.r.e.f. 1-4-1960)]


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Section 59A-1 of Partnership Act.

Section 59A of Partnership Act.

Section 59B of Partnership Act.

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