The Indian Partnership Act, 1932
An Act to define and amend the Law Relating to Partnership.
Administered by. Ministry of Corporate Affairs · Other Acts of 1932
Commencement. 1932-10-01 (except section 69) 1933-10-01
Preamble
THE INDIAN PARTNERSHIP ACT, 1932
ACT NO. 9 OF 1932
[8 th April, 1932.] An Act to define and amend the law relating to partnership.
WHEREAS it is expedient to define and amend the law relating to partnership; it is hereby enacted as follows:--
What this Act covers
Summary of the Indian Partnership Act, 1932
Key Features
• Formation of Partnership: Defines a partnership and prescribes the essential elements for its formation through an agreement between partners.
• Rights and Duties of Partners: Regulates the mutual rights, duties, obligations, and liabilities of partners in relation to one another and to the firm.
• Agency of Partners: Recognises every partner as an agent of the firm and of the other partners for the purpose of the partnership business.
• Registration of Firms: Provides for the registration of partnership firms and specifies the legal consequences of non-registration.
• Admission, Retirement, and Dissolution: Prescribes the procedures relating to the admission, retirement, expulsion of partners, and dissolution of partnership firms.
• Settlement of Accounts: Provides for the settlement of accounts, distribution of assets, and discharge of liabilities upon dissolution.
• Third-Party Relations: Regulates the authority of partners to bind the firm and determines the firm's liability for acts done in the ordinary course of business.
Sections
Type to filter. 74 sections.
- 1Short title, extent and commencement
- 2Definitions
- 3Application of provisions of Act 9 of 1872
- 4Definition of “partnership”, “partner”, “firm” and “firm name”
- 5Partnership not created by status
- 6Mode of determining existence of partnership
- 7Partnership at will
- 8Particular partnership
- 9General duties of partners
- 10Duty to indemnify for loss caused by fraud
- 11Determination of rights and duties of partners by contract between the partners
- 12The conduct of the business
- 13Mutual rights and liabilities
- 14The property of the firm
- 15Application of the property of the firm
- 16Personal profits earned by partners
- 17Rights and duties of partners— after a change in the firm, after the expiry of the term of the firm, and where additional undertakings are carried out
- 18Partner to be agent of the firm
- 19Implied authority of partner as agent of the firm
- 20Extension and restriction of partner’s implied authority
- 21Partner’s authority in an emergency
- 22Mode of doing act to bind firm
- 23Effect of admissions by a partner.,
- 24Effect of notice to acting partner
- 25Liability of a partner for acts of the firm
- 26Liability of the firm for wrongful acts of a partner
- 27Liability of firm for misapplication by partners
- 28Holding out
- 29Rights of transferee of a partner ’s interest
- 30Minors admitted to the benefits of partnership
- 31Introduction of a partner
- 32Retirement of a partner
- 33Expulsion of a partner
- 34Insolvency of a partner
- 35Liability of estate of deceased partner
- 36Rights of outgoing partner to carry on competing business
- 37Right of outgoing partner in certain cases to share subsequent profits
- 38Revocation of continuing guarantee by change in firm
- 39Dissolution of a firm
- 40Dissolution by agreement
- 41Compulsory dissolution
- 42Dissolution on the happening of certain contingencies
- 43Dissolution by notice of partnership at will
- 44Dissolution by the Court
- 45Liability for acts of partners done after dissolution
- 46Right of partners to have business wound up after dissolution
- 47Continuing authority of partners for purposes of winding up
- 48Mode of settlement of accounts between partners
- 49Payment of firm debts and of separate debts
- 50Personal profits earned after dissolution
- 51Return of premium on premature dissolution
- 52Rights where partnership contract is rescinded for fraud or misrepresentation
- 53Right to restrain from use of firm name or firm property
- 54Agreements in restraint of trade
- 55Sale of goodwill after dissolution
- 56Power to exempt from application of this Chapter
- 57Appointment of Registrars
- 58Application for registration
- 59Registration
- 60Recording of alterations in firm name and principal place of business
- 61Noting of closing and opening of branches
- 62Noting of changes in names and addresses of partners
- 63Recording of changes in and dissolution of a firm
- 64Rectification of mistakes
- 65Amendment of Register by order of Court
- 66Inspection of Register and filed documents
- 67Grant of copies
- 68Rules of evidence
- 69Effect of non-registration
- 70Penalty for furnishing false particulars
- 71Power to make rules
- 72Mode of giving public notice
- 73[Repealed.]
- 74Savings
Schedules
This Act has 2 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.
- SCHEDULE I1,308 words
- SCHEDULE II16 words
Rules made under this Act
1 set of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- The Maharashtra Partnership Rules, 19891989
Related Acts
- The Provincial Insolvency Act, 192087 sections
- The Chartered Accountants Act, 194960 sections
- The Companies (Donations to National Funds) Act, 19514 sections
- The Presidency-Towns Insolvency Act, 1909130 sections
- The Cost Accountants Act, 195959 sections
- The Preference Shares (Regulation of Dividends) Act, 19608 sections
- The Company Secretaries Act, 198059 sections
- The Competition Act, 200298 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 74 sections of this Act has its own page. This page is not a substitute for legal advice.