Bombay Act No. 14 of 1958
guj139
[Dated 13th May 1958]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1958, Extraordinary, Part V, p. 297.
An Act to validate the registration of certain partnerships in the Kutch area of the State of Bombay.
Whereas the Subordinate Judges in the former Kutch State were appointed under section 57 of the Indian Partnership Act, 1932 (IX of 1932) by notification No. J-226/49, dated the 31st December 1949, issued by the Chief Commissioner for Kutch to be Registrars of Firms in the areas within their respective jurisdictions;
And Whereas by Government Notification in the Legal Department No. 25398/B, dated the 1st November 1956 (XXXVII of 1956), issued under section 122 of the States Reorganisation Act, 1956, the Registrar of Firms, Bombay, was specified as the officer or person who from that date was competent to exercise the functions exercisable by the Registrars of Firms in the Kutch area of the State of Bombay;
And Whereas nevertheless the aforesaid Subordinate Judges continued to exercise the powers and perform the duties of the Registrars of Firms within their jurisdictions aforesaid up to, and inclusive of, the 31st day of January 1957;
And Whereas it is expedient to validate the acts of such Subordinate Judges in relation to the registration of firms within their areas during the period commencing on the 1st day of November 1956 and ending on the 31st day of January 1957 (both inclusive);
It is hereby enacted in the Ninth Year of the Republic of India as follows:-
- Short title.- This Act may be called the Indian Partnership (Registration of Firms in Kutch Validation) Act, 1958.
- Validation of certain registrations.- Notwithstanding anything contained in Government Notification, Legal Department, No. 25398/B, dated the 1st November 1956 (hereinafter referred to as "the said date"), issued by the Government of Bombay in pursuance of section 122 of the States Reorganisation Act, 1956 (XXXVII of 1956), specifying the Registrar of Firms, Bombay, as the officer or person who from that date was competent to exercise the functions exercisable by the Registrars of Firms in the Kutch area of the State of Bombay, the appointment under section 57 of the Indian Partnership Act, 1932 (IX of 1932), by notification No. J-226/49, dated the 31st December 1949, issued by the Chief Commissioner for Kutch of the Subordinate Judges in the Kutch area of the State of Bombay as Registrars of Firms for the areas within their respective jurisdictions, shall be deemed to have continued on and after the said date up to and inclusive of the 31st day of January 1957, and accordingly, anything done or any action taken (including any statement or form received, any entry recorded and filed in relation thereto in the Register of Firms, any amendment or note made in such Register whether consequent to the decision of any court or otherwise, the rectification of any mistake in any entry in such Register or in any documents relating to any firm, and all fees demanded and received) during the period commencing on the said date and ending on the 31st day of January 1957 shall be deemed to have been validly done or taken, as if the appointment of the Subordinate Judges as Registrars of Firms within their respective jurisdictions for the purposes of the Indian Partnership Act, 1932 (IX of 1932), had been validly continued up to and inclusive of the said 31st day of January 1957.
