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79. Power to make rules

 

  1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

 

  1. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

 

1[(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2;

 

(aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2;

 

(ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;]

 

(b) the form and manner of particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (4) of section 7;

 

(c) the conditions and requirements relating to the eligibility of an individual to become a designated partner under sub-section (5) of section 7;

 

(d) the manner of filing the incorporation document and payment of fees payable thereof under clause (b) of sub-section (1) of section 11;

 

(e) the form of statement to be filed under clause (c) of sub-section (1) of section 11;

 

(f) the form of incorporation document under clause (a) of sub-section (2) of section 11;

 

(g) the information to be contained in the incorporation document concerning the proposed limited liability partnership under clause (g) of sub-section (2) of section 11;

 

(h) the manner of serving the documents on a limited liability partnership or a partner or a designated partner and the form and manner in which any other address may be declared by the limited liability partnership under sub-section (2) of section 13;

 

(i) the form and manner of notice to the Registrar and the conditions in respect of change of registered office under sub-section (3) of section 13;

 

(j) the form and manner of application and amount of fee payable to the Registrar under sub-section (1) of section 16;

 

(k) the manner in which names will be reserved by the Registrar under sub-section (2) of section 16;

 

2[(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17]

 

(l) the manner in which an application may be made by an entity under sub-section (1) of section 18;

 

(m) the form and manner of notice of change of name of limited liability partnership and the amount of fee payable under section 19;

 

(n) the form and manner of the limited liability partnership agreement and the changes made therein and the amount of fee payable under sub-section (2) of section 23;

 

(o) the form of notice, the amount of fee payable and the manner of authentication of the statement under clauses (a), (b) and (c) of sub-section (3) of section 25;

 

(p) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 32;

 

(q) the books of account and the period of their maintenance under sub-section (1) of section 34;

 

(r) the form of Statement of Account and Solvency under sub-section (2) of section 34;

 

(s) the form, manner, fee and time of filing of Statement of Account and Solvency under sub-section (3) of section 34;

 

(t) the audit of accounts of a limited liability partnership under sub-section (4) of section 34;

 

3[(ta) the standards of accounting and auditing under section 34A;]

 

(u) the form and manner of annual return and fee payable under sub-section (1) of section 35;

 

(v) the manner and amount of fee payable for inspection of incorporation document, names of partners and changes made therein, Statement of Account and Solvency and Annual Return under section 36;

 

(w) the destruction of documents by Registrar in any form under section 40;

 

(x) the amount required as security under clause (a) of sub-section (3) of section 43;

 

(y) the amount of security to be given under section 44;

 

(z) the fee payable for furnishing a copy under clause (b) of sub-section (2) of section 49;

 

(za) the manner of authentication of report of inspector under section 54;

 

(zb) the form and manner of particulars about conversion under the proviso to sub-section (1) of section 58;

 

(zc) in relation to establishment of place of business and carrying on business in India by foreign limited liability partnerships and regulatory mechanism and composition under section 59;

 

(zd) the manner of calling, holding and conducting meeting under sub-section (1) of section 60;

 

(ze) in relation to winding up and dissolution of limited liability partnerships under section 65;

 

(zf) the manner and conditions for filing document electronically under sub-section (1) of section 68;

 

4[(zfa) the powers and duties to be discharged by the Registrars and the terms and conditions of their service under sub-section (3) of section 68A;

 

(zfb) the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69;

 

(zfc) the form and fee for filing of appeal under sub-section (3) of section 72;]

 

(zg) the manner for striking off the names of limited liability partnerships from the register under section 75;

 

5[(zga) the manner of appointing adjudicating officers for adjudging penalty under sub-section (1) of section 76A;

 

(zgb) the form, manner and fee for filing an appeal against the order made by the adjudicating officer under sub-section (6) of section 76A]

 

(zh) the form and manner of statement containing particulars and amount of fee payable under sub-paragraph (a) of paragraph 4 of the Second Schedule;

 

(zi) the form and manner of particulars about conversion under proviso to paragraph 5 of the Second Schedule;

 

(zj) the form and manner of the statement and the amount of fee payable under sub-paragraph (a) of paragraph 3 of the Third Schedule; and

 

(zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule;

 

(zl) 6[the form and manner of the statement and amount of fee payable under subparagraph (a) of paragraph 4 of the Fourth Schedule; and]

 

(zm) the form and manner of particulars about conversion under the proviso to paragraph 5 of the Fourth Schedule.

 

7[(zn) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.]

 

(3) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

Amendments

 

1. Substituted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

For clause (a),:

 

  1. form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;

Shall be substituted, namely:—

 

 [(a) the contribution of such higher amount under sub-clauses (i) and (ii) of clause (ta) of section 2;

 

(aa) the terms and conditions to be fulfilled by class or classes of limited liability partnerships under long line to clause (ta) of section 2;

 

(ab) the form and manner of prior consent to be given by designated partner under sub-section (3) of section 7;]

 

2. Inserted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

3. Inserted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

4. Inserted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

5. Inserted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

6. Omitted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.

 

7. Inserted by the Limited Liability Partnership (Amendment) Act, 2021 dated 13th August 2021. Amendment Effective From 01 April 2022.