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Registration of firm is not compulsory, though usually done brings many advantages to the firm. Since partnership contract is a CONCURRENT SUBJECT as per constitution of India, registration of firm and related work handled by state government.
No suite to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or unless the firm is registered and the person suing is or has been shown in the registration of firm as a partner in the firm. [section 69(1)] Thus a partner cannot sue the firm or any other partner if firm is unregistered.
NO SUIT TO ENFORCE A RIGHT ARISING FROM A CONTRACT SHALL BE INSTITUTED IN ANY COURT BY OR ON BHALF OF A FRIM AGAINST ANY THIRD PARTY UNLESS THE FIRM IS REGISTERED AND THE PERSON SUING ARE OR HAVE BEEN SHOWN IN THE REGISTRATION OF FIRM AS PARTNERS IN THE FIRM. [SECTION 69(2)].
The contractor shall submit an application in the prescribed proforma to the concerned authority with necessary documents in support of his application . the authority competent to register the contractor will take action to verify the credentials and antecedents of the contractor and issue CONTRACT REGISTRATION CARD
Registration of contractor once done in a class and for the item of work shall be in force for three years in that particular class and for the particular item of work. A contractor can register his name in more than one item of work. A contractor shall not apply for registration in his name and also in the name of partnership firm, which runs in his name. A contractor already registered can form partnership firm only by a separate registration forgoing his individual registration. In the case of partnership firms any changes in the partners shall be reported to the registering authorities with in one month of date of such changes.
The area of operation is entire APCPDCL The registration is not transferable. The registration will not confer any special right or privilege. The registration is valid for 3 years. The registration in valid for the items of work mentioned in the certificate
The registering authority reserves the right to cancel or suspend from business without assigning any reason there for
Has on more than one occasion failed to execute a contract. Failed to abide by the conditions of registration found to have given false particulars at the time of registration. Persistently violates any important condition of the contract. Persistently violates the labor regulations and rules.
DEMOTION OF CONTRACTORS
Fails to execute contract or executes it unsatisfactorily or is proved to be responsible for constructional defects. Has no longer adequate equipment technical personals or financial resources. Violates any important conditions of contract Is litigious by nature.
SUSPENSION OF BUSINESS
The registration authority on specific reasons from zonal offices and with the approval of board may suspend the business with a contractor for any indefinite period pending full enquiry into the allegations if the registration authority is prime face of the view that it is not desirable to continue business.
BLACK LISTING
Contractor continuously refuses to pay department dues without showing any reason. Contractor or his partner has been convicted by a curt of law offences involving moral turpitude in relation to business dealings. Security consideration including suspected disloyalty to the department so warrant.
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