THE INDIAN PARTNERSHIP (KERALA AMENDMENT) BILL, 2002
Backgrournd Note
As per sub-section (1) of section 71 of the Indian Partnership Act, 1932,
the State Government is empowered to make rules, to prescribe fees which shall
accompany documents sent to Registrars’ of Firms, or which shall be
payable for the inspection of documents in custody of the Registrar of Firms,
or for copies from the Registrar of Firms, subject to the condition that such
fees shall not exceed the maximum fees specified in Schedule I. In our State,
the maximum fee was fixed during 1973, by Act 25 of 1973. Since more than
30 years have gone by after the last enhancement of maximum fee, the Government
had decided to enhance the maximum fees, and a Bill was introduced in the
X th Kerala Legislative Assembly as Bill no 72. But that Bill could not be
passed by the Assembly and the same has lapsed with its dissolution. The Committee
suggests amendment of the Indian Partnership Act, 1932 as proposed in the
earlier bill. A draft Bill is appended.
THE INDIAN PARTNERSHIP (KERALA AMENDEMENT) BILL 2002
A Bill further to amend the Indian Partnership Act, 1932, in its application to the state of Kerala.
Preamble.- WHEREAS, it is expedient further to amend the Indian Partnership Act, 1932 in its application to the State of Kerala for the purposes hereinafter appearing;
BE it enacted in the Fifty Third Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Indian Partnership (Kerala Amendment) Act, 2002.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Substitution of new Schedule for Schedule .-For Schedule I to the Indian Partnership Act, 1932 (Central Act 9 of 1932), the following shall be substituted. Namely:-
| Document or Act in respect of Which the fee is payable (1) | Maximum fee (2) |
| Statement under section 58 | Two Hundred Rupees |
| Statement under section 60 | Fifty Rupees |
| Intimation under section 61 | Fifty Rupees |
| Intimation under section 62 | Fifty Rupees |
| Notice under section 63 | Fifty Rupees |
| Application under section 64 | Fifty Rupees |
| Inspection of the Register of a firm under sub-section (2) of section 66. | Two rupees for the inspection inspection of all documents relating to
one firm. |
| Copies from the Register of Firms. | Ten rupees for each hundred Words or a part thereof." |
STATEMENT OF OBJECTS AND REASONS
The State Government have decided to raise the maximum fees envisaged in schedule I of the Indian Partnership Act, 1932. In order to give effect to the changes, the Indian Partnership Act, 1932 has to be suitably amended.
The Bill is intended to achieve the above object.
FINANCIAL MEMORANDUM
The Bill, if enacted and brought into operation would not involve any expenditure from the consolidated Fund of the State.
THE KERALA LAND REFORMS (AMENDMENT) BILL, 2002
Background Note
The Kerala Land Reforms Act, 1963 provide for imposition of ceiling on holdings. However certain kinds of lands are exempted from ceiling limit. They interalia, include plantations, private forests etc. Lands principally cultivated with tea, coffee, cocoa, rubber, cardamom or cinnamon will come under plantation. At national and international level the production of tea, coffee, cocoa, etc has increased and the price of these commodities has come down. The landholders are therefore reluctant to cultivate the above items. Lands cultivated with plantation will not get the exemption from ceiling limits, if they are used for non-plantation purposes. Cashew estates having a contiguous extent of ten acres or more were originally exempted from ceiling limits. Act 35 of 1969 took this exemption away with effect from 1.1.1970. This has affected adversely the traditional cashew industry in our State. Further medicinal plants and vanilla are on great demand all over the world. The planters of these items have been seeking exemption of their lands from ceiling provisions. The committee has considered the present trends and demands of these commodities and recommends grant of exemption to lands planted with cashew, medicinal plants and vanilla from the ceiling provisions of the Kerala Land Reforms Act, 1963 prospectively and that the holders of these lands may be allowed to convert their lands for other plantation purposes or any other exempted category.
A Bill to amend the Kerala Land Reforms Act, 1963 for the above purposes is appended.