Partnership Act, 1932

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THE PARTNERSHIP ACT, 1932 
 
 
 
 
 
 
 
 
 
 
CONTENTS 
 
 
PREAMBLE.  
CHAPTER I 
PRELIMINARY  
1.                Short title, extent and commencement  
2.                Definitions  
3.                Application of provisions of act IX of 1872  
CHAPTER II 
THE NATURE OF PARTNERSHIP  
4.               Definition of “partnership”, “partner” “firm” and “firm name”  
5.                Partnership not created by status  
6.                Mode of determining existence of partnerships  
6 A.             Act not to apply to certain relationships  
7.                Partnership at will  
8.                Particular partnership  
CHAPTER III 
RELATIONS OF PARTNERS TO ONE 
ANOHTHER  
9.                General duties of partners  
10.               Duty to indemnify for loss caused by fraud  
11.               Determination of rights and duties of partners by contract between the partners  
          Agreements in restraint of trade  
12.               The conduct of the business  

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13.               Mutual rights and liabilities  
14.               The property of the firm  
15.              Application of the property of the firm  
16.               Personal profits earned by partners 
 
17.               Rights and duties of partners after a change in the firm, after the expiry of the term of 
        the firm, and where additional under takings are carried out  
CHAPTER IV 
RELATIONS OF PARTNERS TO THIRD 
PARTIES  
18.               Partner to be agent of the firm 
 
19.               Implied authority of partner as agent of the firm  
20.               Extension and restriction of partner's implied authority  
21.               Partner's authority in an emergency  
22.               Mode of doing act to bind firm  
23.               Effect of admissions by a partner  
24.               Effect of notice to acting partner  
25.               Liability of a partner for acts of the firm  
26.               Liability of the firm for wrongful acts of a partner  
27.               Liability of firm for misapplication by partners  
28.               Holding out  
29.               Rights of transferee of a partner's interest  
30.               Minors admitted to the benefits of partnership  
CHAPTER V 
INCOMING AND OUTGOING 
PARTNERS  
31.               Introduction of a partner  
32.               Retirement of a partner  
33.               Expulsion of a partner  
34.               Insolvency of a partner  
35.               Liability of estate of deceased partner  
36.               Rights of outgoing partner to carry on competing business Agreements in restraint of 
        trade. 
 
37.               Right of outgoing partner in certain cases to share subsequent profits 
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38.               Revocation of continuing guarantee by change in firm 
CHAPTER VI 
DISSOLUTION OF FIRM  
39.              Dissolution of a firm  
40.               Dissolution by agreement  
41.               Compulsory dissolution  
42.               Dissolution on the happening of certain contingencies  
43.               Dissolution by notice of partnership at will  
44.               Dissolution by the court  
45.               Liability for acts of partners done after dissolution  
46.               Right of partners to have business wound up after dissolution  
47.               Continuing authority of partners for purposes of winding up  
48.               Mode of settlement of accounts between partners  
49.               Payment of firm debts and of separate debts  
50.               Personal profits earned after dissolution  
51.               Return of premium on premature dissolution  
52.               Rights where partnership contract is rescinded for fraud or misrepresentation  
53.               Right to restrain from use of firm name or firm property  
54.               Agreements in restraint of trade 
 
55. Sale of good will after dissolution 
 Rights of buyer and seller of goodwill 
 Agreements in restraint of trade 
 
CHAPTER VII 
REGISTRATION OF FIRMS  
56.               Power to exempt from application of this Chapter  
57.               Appointment of Registrars  
58.               Application for registration  
59.               Registration  
60.               Recording of alteration in firm name and principal place of business  
61.               Noting of closing and opening of branches  
62.               Noting of changes in name and adresses of partners 
 
63. Recording of changes in and dissolution of a firm 
 Recording of withdrawal of a minor  
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64.               Rectification of mistakes  
65.               Amendment of Register by order of Court  
66.               Inspection of Register and filed documents  
67.               Grant of copies  
68.               Rules of evidence  
69.               Effect of non­registration  
70.               Penalty for furnishing false particulars  
71.               Power to make rules 
 
 
CHAPTER VIII 
 SUPPLEMENTAL 
 
72.               Mode of giving public notice  
73.               [Repealed.]  
74.               Savings 
 
 
SCHEDULE I. Maximum fees 
 
SCHEDULE II. [Repealed.]   
 
 
  
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THE PARTNERSHIPACT, 1932 
 
1ACT No. IX OF 1932 
 
[8th 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 :— 
CHAPTER I 
 PRELIMINARY 
 1. Short title, extent and commencement.—(1) This Act may be called the 2* Partnership 
Act, 1932. 
 3[(2) It extends to the whole of Pakistan.]  
 
(3) It shall come into force on the 1st day of October, 1932, except section 69, which shall 
come into force on the 1st day of October, 1933. 
 
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 
 
(a) an “act of a firm” means any act or omission by all the partners, or by any 
partner or agent of the firm which gives rise to a right enforceable by or against 
the firm ; 
 
(b)  “business” includes every trade, occupation and profession ; 
 
(c)  “prescribed” means prescribed by rules made under this Act ; 
 
(d)  “third party” used in relation to a firm or to a partner therein means any person 
who is not a partner in the firm ;and 
 
(e) expressions used but not defined in this Act and defined in the Contract Act, 
1872 (IX of 1872), shall have the meanings assigned to them in that Act. 
 
3. Application of provisions of ACT IX of 1872.—The unrepealed provisions of the Contract 
Act, 1872 (IX of 1872), save in so far as they are inconsistent with the express provisions of this Act, 
shall continue to apply to firms. 
 
 
 
 
 
1 For Statement of Objects and Reasons and for Report of Special Committee, see Gazette of India, 1931. Pt. V, p. 31; for Report of Select Committee, 
see ibid., 1932, Pt.V, p. 1. 
The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N. W.F.P., and extended to the 
Excluded Area of Upper Tanawal (N.W.F.P ) other than Phulera with effect from such date and subject to such modifications as may be notified, see 
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. It has also been extended to the Leased Areas of Baluchistan, see the Leased 
Areas (Laws) Order, 1950 (G. G. O. 3 of 1950 ) ; and also applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. 
This Act has been extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G. G. O. 4 
of 1953), as amended by the 
Baluchistan States Union (Federal Laws) (Extension) (Second Arndt.) Order, 1953 (G. G. O. 19 of 1953 ).) 
2 The word “Indian” omitted by A. O., 1949. 
3 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (with effect from the 14th October, 1955 ), for the 
original sub‑section (2) as amended by A. O.,1949, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8. 
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CHAPTER II 
THE NATURE OF PARTNERSHIP 
 
4. Definition of  “partnership”, “partner”, “ firm” and “firm name”.—  
“Partnership” is the relation between persons who have agreed to share the profits of a business 
carried on by all or any of them acting for all. 
 
Persons who have entered into partnership with one another are called individually 
“partners” and collectively “a firm”, and the name under which their business is carried on is called 
the “firm name”. 
 
5. Partnership not created by status.— The relation of partnership arises from contract 
and not from status ;  
 
and, in particular, the members of a Hindu undivided family carrying on a family business as 
such, or a Burmese Buddhist husband and wife carrying on business as such are not partners in such 
business. 
 
6. Mode of determining existence of partnership.— In determining whether a group of 
persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to 
the real relation between the parties, as shown by all relevant facts taken together. 
 
Explanation 1.—The sharing of profits or of gross returns arising from property by persons 
holding a joint or common interest in that property does not of itself make such persons partners. 
 
Explanation 2.—The receipt by a person of a share of the profits of a business, or of a payment 
contingent upon the earning of profits or varying with the profits earned by a business, does not of 
itself make him a partner with the persons carrying on the business ; and in particular, the receipt of 
such share or payment— 
 
(a) by a lender of money to persons engaged or about to engage in any business, 
 
(b)  by a servant or agent as remuneration, 
 
(c)  by the widow or child of a deceased partner, as annunity, or 
 
(d)  by a previous owner or part owner of the business, as consideration for the  
sale of the goodwill or share thereof, 
 
does not of itself make the receiver a partner with the persons carrying on the business. 
 
1[6A. Act not to apply to certain relationships. — Nothing contained in this Act not to apply 
to certain relationships. Nothing contained in this Act shall apply to a relationship created by any 
agreement between a banking company and a person or group of persons providing for sharing of 
profit and losses arising from or relating to the provision by the banking company of finance to such 
person or group of persons. 
 
 Explanation. For the purposes of this section, “banking company” “and finance” shall have 
the same meaning as in the banking Tribunals Ordinance, 1984.] 
 
7. Partnership at will.— Where no provision is made by contract between the partners for 
the dur ation of  their partnership, or  for the determination of  their partnership, the partnership is 
“partnership at will”. 
 
8. Particular Partnership.— A person may become a partner with another person in 
particular adventures or undertakings. 
 
1 Ins. by the Bank ing and Financial Services (Amdt. of Laws) Ordinance, 1984 (57 of 1984),s.2 and Sch., 
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CHAPTER III 
 
RELATIONS OF PARTNERS TO ONE ANOTHER 
 
9. General duties of partners.— Partners are bound to carry on the business of the firm 
to the greatest common advantage, to be just and faithful to each other, and to render true accounts 
and full information of all things affecting the firm to any partner or his legal representative. 
 
10. Duty to indemnify for loss caused by fraud.— Every partner shall indemnify the firm 
for any loss caused to it by his fraud in the conduct of the business of the firm. 
 
11. Determination of rights and  duties  of partners by contract between  the  
partners.—(1) Subject to the provisions of this Act, the mutual rights and duties of the partners of 
a firm may be determined by contract between the Partners, and such contract may be expressed or 
may be implied by a course of dealing. 
 
Such contract may be varied by consent of all the partners, and such consent may be express 
or may be implied by a course of dealing. 
 
(2) Agreements in restraint of trade. Notwithstanding anything contained in section 27 of the 
Contract Act, 1872 (IX of 1872), such contracts may provide that a partner shall not carry on any 
business other than that of the firm while he is a partner. 
 
12. The conduct of the business.—  Subject to contract between the partners— 
 
(a) every partner has a right to take part in the conduct of the business ; 
 
(b)  every partner is bound to attend diligently to his duties in the conduct of the 
business ; 
 
(c)  any difference arising as to ordinary matters connected with the business may 
be decided by a majority of the partners, and every partner shall have the right 
to express his opinion before the matter is decided, but no change may be made 
in the nature of the business without the consent of all the partners ; and 
 
(d) every partner has a right to have access to and to inspect and copy any of the 
books of the firm. 
 
13. Mutual  rights and liabilities.—  Subject to contract between the partners—  
 
 (a)  a partner is not entitled to receive remuneration for taking part in the conduct 
 of the business ; 
 
(b)  the partners are entitled to share equally in the profits earned, and shall 
 contribute equally to the losses sustained by the firm ; 
 
(c)  where a partner is entitled to interest on the capital subscribed by him such 
interest shall be payable only out of profits ; 
 
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(d)  a partner making, for the purposes of the business, any payment or advance 
beyond the amount of capital he has agreed to subscribe, is entitled to interest 
thereon at the rate of six per cent, per annum ; 
 
(e)  the firm shall indemnify a partner in respect of payment made and liabilities 
incurred by him—  
 
(i)  in the ordinary and proper conduct of the business and 
 
(ii)   in doing such act, in an emergency, for the purpose of protecting the firm 
from loss, as would be done by a person of ordinary prudence, in his own 
case, under similar circumstances ; and 
 
(f)  a partner shall indemnify the firm for any loss caused to it by his wilful neglect 
in the conduct of the business of the firm. 
 
14. The property of the firm.—  Subject to contract between the partners, the property of 
the firm includes all property and rights and interests in property originally brought into the 
stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and 
in the course of the business of the firm, and includes also the goodwill of the business. 
 
Unless the contrary intention appears, property and rights and interests in property acquired 
with money belonging to the firm are deemed to have been acquired for the firm. 
 
15. Application of the  property of the  firm.— Subject to contract between the partners, 
the property of the firm shall be held and used by the partners exclusively for the purposes 
of the business. 
 
16. Personal profits earned by partners.—  Subject to contract between the partners,— 
 
(a) if a partner derives any profit for himself from any transaction of the firm, or 
from the use of the property or business connection of the firm or the firm 
name, he shall account for that profit and pay it to the firm ; 
 
(b) if a partner carries on any business of the same nature as and competing with 
that of the firm, he shall account for and pay to the firm all profits made by him 
in that business. 
 
17. Rights and duties of partners after a change in the firm.—  Subject to contract 
between the partners,— 
 
(a) where a change occurs in the constitution of a firm, the mutual rights and 
duties of the partners in the reconstituted firm remain the same as they were 
immediately before the change, as far as may be ; after the expiry of the term 
of the firm, and 
 
(b) where a firm constituted for a fixed term continues to carry on business after 
the expiry of that term, the mutual rights and duties of the partners remain 
the same as they were before the expiry, so far as they may be consistent with 
the incidents of partnership at will; and 
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Where additional undertaking are carried out. 
 
(c) where a firm constituted to carry out one or more adventures or undertakings 
carries out other adventures or undertakings, the mutual rights and duties of the 
partners in respect of the other adventures or undertakings are the same as those 
in respect of the original adventures or undertakings.  
CHAPTER IV 
 
RELATIONS OF PARTNERS TO THIRD PARTIES 
 
18. Partner to be agent of the firm.— Subject to the provisions of this Act, a partner is 
the agent of the firm for the purposes of the business of the firm. 
 
19. Implied authority of partner as agent of the firm.— (1) Subject to the provisions of 
section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried 
on by the firm, binds the firm. 
 
The authority of a partner to bind the firm conferred by this section is called his “implied 
authority”. 
 
(2) In the absence of any usage or custom of trade to the contrary, the implied authority of a 
partner does not empower him to— 
 
(a) submit a dispute relating to the business of the firm to arbitration, 
 
(b) open a banking account on behalf of the firm in his own name, 
 
(c) compromise or relinquish any claim or portion of a claim by the firm, 
 
(d) withdraw a suit or proceeding filed on behalf of the firm,  
(e) admit any liability in a suit or proceeding against the firm, 
(f)  acquire immoveable property on behalf of the firm, 
(g) transfer immoveable property belonging to the firm, or 
 
(h) enter into partnership on behalf of the firm. 
 
20. Extension  and restriction of partner’s implied authority.—The partners 
in a firm may, by contract between the partners, extend or r estrict the implied authority of 
any partner.  
 
Notwithstanding any such restriction, any act done by a partner on behalf of the firm which 
falls within his implied authority binds the firm, unless the person with whom he is, dealing knows 
of the restriction or does not know or believe that partner to be a partner. 
 
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21. Partner’s authority in an emergency.— A partner has authority, in an emergency, 
to do all such acts for the purpose of protecting the firm from loss as would be done by a person of 
ordinary prudence, in his own case, acting under similar circumstances and such acts bind the firm. 
 
22. Mode  of doing  act  to bind  firm.— In order to bind a firm, an act or instrument 
done or executed by a partner or other person on behalf of the firm shall be done or executed 
in the firm name, or in any other manner expressing or implying an intention to bind the firm. 
 
23. Effect  of admissions  by  a  partner. An admission or representation made by a  
partner concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary 
course of business. 
 
24. Effect of notice to acting partner.— Notice to a partner who habitually acts in the 
business of the firm of any matter relating to the affairs of the firm operates as notice to the firm, 
except in the case of a fraud on the firm committed by or with the consent of that partner. 
 
25. Liability of a partner for acts of the firm.— Every partner is liable, jointly with all 
the other partners and also severally, for all acts of the firm done while he is a partner. 
 
26. Liability of the firm for wrongful acts of a partner.— Where, by the wrongful act 
or omission of a partner acting in the ordinary course of the business of a firm, or with the 
authority of his partners, loss or injury is caused to any third party, or any penalty is incurred, 
the firm is liable therefor to the same extent as the partner.  
27. Liability of firm for misapplication by partners.—Where 
 
(a) a partner acting within his apparent authority receives money or property 
from a third party and misapplies it, or 
 
(b) a firm in the course of its business receives money or property from a third 
party, and the money or property is misapplied by any of the partners while it 
is in the custody of the firm, 
 
the firm is liable to make good the loss. 
 
28. Holding out.— (1) Any one who by words spoken or written or by conduct represents 
himself, or knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner 
in that firm to any one who has on the faith of any such representation given credit to the firm, 
whether the person  representing  himself or represented to be a partner does or does not know that 
the representation has reached the person so giving credit. 
 
(2) Where after a partner’s death the business is continued in the old firm name, the 
continued use of that name or of the deceased partner's name as a part thereof shall not of itself 
make his legal representative or his estate liable for any act of the firm done after his death. 
 
29. Rights of transferee of a partner’s interest.— (1) A  transfer by a  partner of h is 
interest in the firm, either absolute or by mortgage, or by the creation by him of a charge on such 
interest, does not entitle the transferee, during the continuance of the firm, to interfere in the 
conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the 
transferee only to receive the share of profits of the transferring partner, and the transferee shall 
accept the account of profits agreed to by the partners. 
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(2) If the firm is dissolved or if the transferring partner ceases to be a partner, the transferee 
is entitled as against the remaining partners to receive the share of the assets of the firm to which the 
transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from 
the date of the dissolution.  
30. Minors admitted to the benefits of partnership.— (1) A person who is a minor 
according to the law to which he is subject may not be a partner in a firm, but, with the consent of 
all the partners for the time being, he may be admitted to the benefits of partnership. 
 
(2) Such minor has a right to such share of the property and of the profits of the firm as may 
be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm. 
 
(3) Such minor’s share is liable for the acts of the firm, but the minor is not personally liable 
for any such act. 
 
(4) Such minor may not sue the partners for an account or payment of his share of the property 
or profits of the firm, save when severing his connection with the firm, and in such case the amount 
of his share shall be determined by a valuation made as far as possible in accordance with the rules 
contained in section 48: 
 
Provided that all the partners acting together or any partner entitled to dissolve the firm upon 
notice to other partners may elect in such suit to dissolve the firm, and thereupon the Court shall 
proceed with the suit as one for dissolution and for settling accounts between the partners, and the 
amount of the share of the minor shall be determined along with the shares of the partners. 
 
(5) At any time within six months of his attaining majority, or of his obtaining knowledge that 
he had been admitted to the benefits of partnership, whichever date is later, such person may give 
public notice that he has elected to become or that he has elected not to become a partner in the firm, 
and such notice shall determine his position as regards the firm : 
 
Provided that, if he fails to give such notice, he shall become a partner in the firm, on the 
expiry of the said six months. 
 
(6) Where any person has been admitted as a minor to the benefits of partnership in a firm, 
the burden of proving the fact that such person had no knowledge of such admission until a 
particular date after the expiry of six months of his attaining majority shall lie on the persons asserting 
that fact.   
(7) Where such person becomes a partner, 
 
(a) his rights and liabilities as a minor continue up to the date on which he becomes 
a partner, but he also becomes personally liable to third parties for all acts of 
the firm done since he was admitted to the benefits of partnership, and 
 
(b) his share in the property and profits of the firm shall be the share to which he 
was entitled as a minor.  
(8) Where such person elects not to become a partner, 
 
(a) his rights and liabilities shall continue to be those of a minor under this section 
up to the date on which he gives public notice, 
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(b) his share shall not be liable for any acts of the firm done after the date of the 
notice, and 
 
(c) he  shall be  entitled to sue  the  partners for his share  of the  property and 
profits in accordance with sub­section (4). 
 
(9) Nothing in sub­sections (7) and (8) shall affect the provisions of section 28. 
 
CHAPTER V 
 
INCOMING AND OUTGOING PARTNERS 
 
31.  Introduction  of  a  partner.—  (1)  Subject  to  contract  between  the  partners  and  
to  the provisions of section 30, no person shall be introduced as a partner into a firm without the 
consent of all the existing partners. 
 
(2) Subject to the provisions of section 30, a person who is introduced as a partner into a 
firm does not thereby become liable for any act of the firm done before he became a partner. 
 
32. Retirement of a partner.—  (1) A partner may retire—  
 
(a) with the consent of all the other partners, 
 
(b) in accordance with an express agreement by the partners, or 
 
(c) where the partnership is at will, by giving notice in writing to all the other 
partners of his intention to retire. 
 
(2) A retiring partner may be discharged from any liability to any third party for acts of the 
firm done before his retirement by an agreement made by him with such third party and the partners 
of the reconstituted firm, and such agreement may be implied by a course of dealing between such 
third party and the reconstituted firm after he had knowledge of the retirement. 
 
(3) Notwithstanding the retirement of a partner from a firm, he and the partners continue to 
be liable as partners to third parties for any act done by any of them which would have been an act 
of the firm if done before the retirement, until public notice is given of the retirement : 
 
Provided that a retired partner is not liable to any third party who deals with the firm without 
knowing that he was a partner. 
 
(4) Notices under sub‑section (3) may be given by the retired partner or by any partner of the 
reconstituted firm. 
 
33. Expulsion  of a partner.— (1) A partner may not be expelled from a firm by any 
majority of the partners, save in the exercise in good faith of powers conferred by contract between 
the partners. 
 
(2) The provisions of sub‑sections (2), (3) and (4) of section 32 shall apply to an expelled 
partner as if he were a retired partner.  
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34. Insolvency of a partner.—  (1) Where a partner in a firm is adjudicated an insolvent he 
ceases to be a partner on the date on which the order of adjudication is made, whether or not the 
firm is thereby dissolved. 
 
(2) Where under a contract between the partners the firm is not dissolved by the adjudication 
of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm 
and the  firm is not  liable  for  any  act  of  the  insolvent,  done  after  the  date  on  which  the  order  
of adjudication is made. 
 
35. Liability  of estate  of deceased  partner.— Where under a contract between the 
partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not 
liable for any act of the firm done after his death. 
 
36. Rights of outgoing partner to carry on competing  business.— (1) An outgoing 
partner may carry on a business competing with that of the firm and he may advertise such business, 
but, subject to contract to the contrary, he may not— 
 
(a) use the firm name, 
 
(b) represent himself as carrying on the business of the firm, or 
 
(c) Solicit the custom of persons who were dealing with the firm before he 
ceased to be a partner. 
 
(2) Agreement in restraint of trade. A partner may make an agreement with his partners 
that on ceasing to be a partner he will not carry on any business similar to that of the firm 
within a specified period or within specified local limits ; and, notwithstanding anything contained 
in section 27 of the Contract Act, 1872 (IX of 1872), such agreement shall be valid if the restrictions 
imposed are reasonable. 
 
37.  Right  of outgoing  partner in  certain cases  to  share  subsequent profits.—  
Where  any member of a firm has died or otherwise ceased to be a partner, and the surviving 
or continuing partners carry on the business of the firm with the property of the firm without any final 
settlement of accounts as between them and the outgoing partner or his estate, then, in the absence 
of a contract to the  contrary,  the  outgoing  partner  or  his  estate  is  entitled  at  the  option  of  
himself  or  his representatives  to  such  share  of  the  profits  made  since  he  ceased  to  be  a  
partner  as  may  be attributable to the use of his share of the property of the firm or to interest at the 
rate of six per cent. per annum on the amount of his share in the property of the firm : 
 
Provided  that  where  by  contract  between  the  partners  an  option  is  given  to  surviving  
or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is 
duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case 
may be, is not entitled to any further or other share of profits; but if any partner assuming to act in 
exercise of the option does not in all material respects comply with the terms thereof, he is liable to 
account under the foregoing provisions of this section. 
 
38. Revocation  of continuing  guarantee by change in firm.—  A continuing guarantee 
given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of 
agreement to the contrary, r evoked as to fu ture transactions from the date of any change in the 
constitution of the firm. 
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CHAPTER VI 
 
DISSOLUTION OF A FIRM 
 
39. Dissolution of a firm.—  The dissolution of partnership between all the partners of a 
firm is called the “dissolution of the firm”. 
 
40. Dissolution by agreement.—  A firm may be dissolved with the consent of all the 
partners or in accordance with a contract between the partners.   
41. Compulsory dissolution.— A firm is dissolved 
 
(a) by the adjudication of all the partners or of all the partners but one as insolvent, 
or 
 
(b) by the happening of any event which makes it unlawful for the business of the 
firm to be carried on or for the partners to carry it on in partnership : 
 
Provided that, where more than one separate adventure or undertaking is carried on by the 
firm, the illegality of one or more shall not of itself cause the dissolution of the firm in respect of its 
lawful adventures and undertakings. 
 
42. Dissolution on the happening of certain contingencies.—  Subject to contract between 
the partners a firm is dissolved 
 
(a) if constituted for a fixed term, by the expiry of that term ; 
 
(b) if constituted to carry out one or more adventures or undertakings, by the 
completion thereof ; 
 
(c) by the death of a partner ; and 
 
(d) by the adjudication of a partner as an insolvent.  
43. Dissolution by notice of partnership at will. (1) Where the partnership is at will, the 
firm may be dissolved by any partner giving notice in writing to all the other partners of his intention 
to dissolve the firm. 
 
 (2) The firm is dissolved as from the date mentioned in the notice as the date of dissolution 
or, if no date is so mentioned, as from the date of the communication of the notice. 
 
44. Dissolution by the Court.— At the suit of a partner, the Court may dissolve a firm on 
any of the following grounds, namely : 
 
(a) that a partner has become of unsound mind, in which case the suit may be 
brought as well by the next friend of the partner who has become of 
unsound mind as by any other partner ; 
 
(b) that a partner, other than the partner suing, has become in any way permanently 
incapable of performing his duties as partner ; 
 
UNDER PROOF READING 
 
Page 15 of 24 
 
(c) that a partner, other than the partner suing, is guilty of conduct which is likely 
to affect prejudicially  the  carrying on  of  the  business,  regard  being had  to  
the  nature  of  the business ; 
 
(d) that a partner, other than the partner suing, wilfully or persistently commits 
breach of agreements relating to the management of the affairs of the firm or 
the conduct of its business, or otherwise so conducts himself in matters relating 
to the business that it is not reasonably practicable for the other partners to 
carry on the business in partnership with him ; 
 
(e) that a partner, other than the partner suing, has in any way transferred the whole 
of his interest in the firm to a third party, or has allowed his share to be charged 
under the provisions of rule 49 of Order XXI of the First Schedule to the Code 
of Civil Procedure, 1908 (V of 1908), or has allowed it to be sold in the recovery 
of arrears of land‑revenue or of any dues recoverable as arrears of land‑revenue 
due by the partner ; 
 
(f) that the business of the firm cannot be carried on save at a loss ; or 
 
(g) on any other ground which renders it just and equitable that the firm should be 
dissolved.  
45. Liability  for acts of partners done after dissolution.— (1) Notwithstanding the 
dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any 
of them which would have been an act of the firm if done before the dissolution, until public notice is 
given of the dissolution : 
Provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a 
partner who, not having been known to the person dealing with the firm to be a partner, retires from 
the firm, is not liable under this section for acts done after the date on which he ceases to be a partner. 
(2) Notices under sub‑section (1) may be given by any partner. 
46. Right of partners to have business wound up after dissolution.— On the dissolution 
of a firm every partner or his representative is entitled, as against all the other partners or their 
representatives, to have the property of the firm applied in payment of the debts and liabilities of the 
firm, and to have the surplus distributed among the partners or their representatives according to their 
rights. 
 
47. Continuing authority of partners for purposes of winding up.— After the 
dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and 
obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to 
wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the 
dissolution, but not otherwise : 
 
Provided that the firm is in no case bound by the acts of a partner who has been adjudicated 
insolvent ; but this proviso does not affect the liability of any person who has after the adjudication 
represented himself or knowingly permitted himself to be represented as a partner of the insolvent. 
 
UNDER PROOF READING 
 
Page 16 of 24 
 
48. Mode of settlement  of accounts  between partners.— In settling the accounts of a 
firm after dissolution, the following rules shall, subject to agreement by the partners, be observed: 
 
(a)  Losses, including deficiencies of capital, shall be paid first out of profits, next 
out of capital, and, lastly, if necessary, by the partners individually in the 
proportions in which they were entitled to share profits. 
 
(b)   The  assets of the  firm, including any sums contributed by the  partners 
to make  up  deficiencies of capital, shall be applied in the following manner 
and order :— 
 
(i)  in paying the debts of the firm to third parties ; 
  
(ii)  in paying to each partner rateably what is due to him from the firm for 
advances as distinguished from capital ; 
 
(iii)  in p aying to each p artner r ateably what is due to h im on account of 
capital ; and 
 
(iv)  the residue, if any, shall be divided among the partners in the proportions 
in which they were entitled to share profits. 
 
49. Payment of firm debts and of separate debts.—Where there are joint debts due from 
the firm, and also separate debts due from any partner, the property of the firm shall be applied in 
the first instance in payment of the debts of the firm, and, if there is any surplus, then the share 
of each partner shall be applied in payment of his separate debts or paid to him. The separate property 
of any partner shall be applied first in the payment of his separate debts, and the surplus (if any) in 
the payment of the debts of the firm. 
 
50. Personal profits earned after dissolution.— Subject to contract between the partners, 
the pro­ visions of clause (a) of section 16 shall apply to transactions by any surviving partner or by 
the representatives of a deceased partner, undertaken after the firm is dissolved on account of the 
death of a partner and before its affairs have been completely wound up :   
Provided that where any partner or his representative has bought the goodwill of the firm, 
nothing in this section shall affect his right to use the firm name. 
 
51. Return of premium on premature dissolution.— Where a partner has paid a 
premium on entering into partnership for a fixed term, and the firm is dissolved before the expiration 
of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium 
or of such part thereof as may be reasonable, regard being had to the terms upon which he became a 
partner and to the length of time during which he was a partner, unless‑ 
 
(a)  the dissolution is mainly due to his own misconduct, or 
 
(b)  the dissolution is in pursuance of an agreement containing no provision for 
the return of the premium or any part of it. 
 
UNDER PROOF READING 
 
Page 17 of 24 
 
52. Rights where partnership contract is rescinded for fraud or 
misrepresentation.—Where a contract creating partnership is rescinded on the ground of the 
fraud or misrepresentation of any of the parties thereto, the party entitled to rescind is, without 
prejudice to any other right, entitled 
 
(a)  to a lien on, or a right of retention of, the surplus or the assets of the firm 
remaining after the debts of the firm have been paid, for any sum paid by him 
for the purchase of a share in the firm and for any capital contributed by him ; 
 
(b)  to rank as a creditor of the firm in respect of any payment made by him towards 
the debts of the firm ; and 
 
(c)  to be indemnified by the partner or partners guilty of the fraud or 
misrepresentation against all the debts of the firm. 
 
53. Right to restrain from use of firm name or firm property.—After a firm is 
dissolved, every partner or his representative may, in the absence of a contract between the partners 
to the contrary, restrain any other partner or his representative from carrying on a similar business in 
the firm name or from using any of the property of the firm for his own benefit, until the affairs of 
the firm have been completely wound up : 
 
Provided that where any partner or his representative has bought the goodwill of the 
firm, nothing in this section shall affect his right to use the firm name. 
 
54. Agreements in restraint of trade.—Partners may, upon or in anticipation of the 
dissolution of the firm, make an agreement that some or all of them will not carry on a business similar 
to that of the firm within a specified period or within specified local limits ; and notwithstanding 
anything contained in section 27 of the Contract Act, 1872 (IX of 1872), such agreement shall be 
valid if the restrictions imposed are reasonable. 
55. Sale of good­will after dissolution.— (1) In settling the accounts of a firm after 
dissolution,the goodwill shall, subject to contract between the partners, be included in the assets, and 
it may be sold either separately or along with other property of the firm. 
 
(2) Rights of buyer and seller of goodwill.— Where the goodwill of a firm is sold after 
dissolution, a partner may carry on a business competing with that of the buyer and he may advertise 
such business, but, subject to agreement between him and the buyer, he may not‑ 
 
(a) use the firm name, 
 
(b)  represent himself as carrying on the business of the firm, or 
 
(c)  solicit the custom of p ersons who were dealing with the firm before its 
dissolution. 
 
(3) Agreements in restraint of trade.— Any partner may, upon the sale of the goodwill 
of a firm, make an agreement with the buyer that such partner will not carry on any business similar 
to that of the firm within a specified period or within specified local limits, and, notwithstanding 
anything contained in section 27 of the Contract Act, 1872 (IX of 1872), such agreement shall be 
valid if the restrictions imposed are reasonable. 
 
UNDER PROOF READING 
 
Page 18 of 24 
 
CHAPTER VII 
 
REGISTRATION OF FIRMS 
 
56. Power to exempt  from application of this Chapter.—The 1[Provincial Government 
of any Province] may, by notification in the 2[official Gazette], direct that the provisions of this 
Chapter shall not apply to 3[that Province] or to any part thereof specified in the notification. 
 
57. Appointment of Registrars.—(1) The 4[Provincial Government] may appoint 
Registrars of Firms for the purposes of this Act, and may define the areas within which they shall 
exercise their powers and perform their duties. 
 
(2) Every Registrar shall be deemed to be a public servant of within the meaning of section 
21 of the Pakistan Penal Code (XLX of 1860). 
 
58. Application  for registration.—(1) The registration of a firm may be effected at any 
time by sending by post or delivering to the Registrar of the area in which any place of business of the 
firm is situated or proposed to be situated, a statement in the prescribed form and accompanied 
by the prescribed fee, stating 
 
(a)  the firm name, 
 
(b)  the place or principal place of business of the firm, 
 
(c)  the names of any other places where the firm carries on business, 
 
(d)  the date when each partner joined the firm, 
 
(e)  the names in full and permanent addresses of the partners, and 
 
(f)  the duration of the firm. 
 
The statement shall be signed by all the partners, or by their agents specially authorised in 
this behalf. 
 
(2) Each person signing the statement shall also verify it in the manner prescribed. 
 
 
 
 
 
 
 
 
 
1Subs. by A. O., 1937, for “G. G. in C.”. 
2Subs. ibid., for “Gazette of India”. 
3Subs. ibid., for “any province”. 
UNDER PROOF READING 
 
Page 19 of 24 
 
4Subs. ibid., for “L. G.”. 
1[(3) A firm name shall not contain any of the following words, namely:—“Government”  
“Jinnah”, “Quaid‑i‑Azam”, or words expressing or implying the sanction, approval or patronage of the 
Federal Government or any Provincial Government or of the Quaid‑i‑Azam, except when the 
Provincial Government signifies its consent to the use of such words as part of the firm name by order 
in writing.] 
 
(3A) A firm name shall not contain the name of the “United Nations” or its abbreviations 
through the use of its initial letters or of any subsidiary body set up by that body unless it has obtained 
the previous authorisation of the Secretary‑General of the United Nations in writing. 
 
(3B) A firm n ame shall not  contain the name of the “World Health Organisation” or its 
abbreviations through the use of its initial letters unless it has obtained the previous authorisation of 
the Director‑General in writing. 
 
2[(3C)   A firm name shall not contain any word which may be declared by the Provincial 
Government, by notification in the official Gazette, to be undesirable : 
 
Provided that firm which h as as part of its name any word d eclared by the Provincial 
Government to be undesirable shall, within one month of such declaration, alter its name and send a 
statement to this effect to the Registrar.] 
 
59. Registration.—When the Registrar is satisfied that the provisions of section 58 have 
been duly complied with, he shall record an entry of the statement in a register called the Register of 
Firms, and shall file the statement. 
 
60. Recording of alteration in firm name a n d principal  place of  business.—(1) 
When analteration is made in the firm name or in the location of the principal place of business of a 
registered firm, a statement may be sent to the Registrar accompanied by the prescribed fee, specifying 
the alteration, and signed and verified in the manner required under section 58. 
 
(2) When the Registrar is satisfied that the provisions of  sub‑section (1) have been duly 
complied with, he shall amend the entry relating to the firm in the Register of Firms in accordance 
with the statement, and shall file it along with the statement relating to the firm filed under section 59. 
 
61. Noting of closing and opening of branches.—When a registered firm discontinues 
business at any place or begins to carry on business at any place, such place not being its principal 
place of business, any partner or agent of the firm may send intimation thereof to the Registrar, 
who shall make a note of such intimation in the entry relating to the firm in the Registerar of Firms, 
and shall file the intimation along with the statement relating to the firm filed under section 59. 
 
62. Noting of changes in names and addresses of partners.—When any partner in a 
registered firm alters his name or permanent address, an intimation of the alteration may be sent by 
any partner or agent of the firm to the Registrar, who shall deal with it in the manner provided in 
section 61. 
 
 
 
1Subs. by the Partnership  (Amdt.) ordinance, 1981 (19 of 1981), s.2, for sub­section (3), which were previously amended by various enactments. 
2New sub­section (3C) added ibid. 
UNDER PROOF READING 
 
Page 20 of 24 
 
63. Recording  of changes  in and  dissolution  of a firm.— (1) When a change occurs 
in theconstitution of a registered firm any incoming, continuing or outgoing partner, and when a 
registered firm is dissolved any person who was a partner immediately before the dissolution, or the 
agent of any such partner or person specially authorised in this behalf, may give notice to the Registrar 
of such change or dissolution, specifying the date thereof; and the Registrar shall make a record of the 
notice in the entry relating to the firm in the Register of Firms and shall file the notice along with the 
statement relating to the firm filed under section 59. 
 
(2) Recording of withdrawal of a minor.— When a minor who has been admitted to the 
benefits of partnership in a firm attains majority and elects to become or not to become a partner, and 
the firm is then a registered firm, he, or his agent specially authorised in this behalf, may give notice 
to the Registrar that he has or has not become a partner, and the Registrar shall deal with the notice 
in the manner provided in sub‑section (1). 
64. Rectification of  mistakes.—(1) The Registrar shall have power at all times to rectify 
any mistake in order to bring the entry in the Register of Firms relating to any firm into conformity 
with the documents relating to that firm filed under this Chapter. 
 
(2) On application made by all the parties who have signed any document relating to a firm 
filed under this Chapter, the Registrar may rectify any mistake in such document or in the record or 
note thereof made in the Register of Firms. 
 
65. Amendment of Register by  order of court.—A court deciding any matter 
relating to a registered firm may direct that the Registrar shall make any amendment in the entry in 
the Register of Firms relating to such firm which is consequential upon its decision ; and the 
Registrar shall amend the entry accordingly. 
 
66. Inspection of  Register and  filed documents.—(1) The Register of Firms shall be 
open to inspection by any person on payment of such fee as may be prescribed. 
 
(2) All statements, notices and intimations filed under this Chapter shall be open to 
inspection, subject to such conditions and on payment of such fee as may be prescribed. 
 
67. Grant of copies.—The Registrar shall on application furnish to any person, on payment 
of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in 
the Register of Firms. 
 
68. Rules of evidence.—(1) Any statement, intimation or notice recorded or noted in the 
Register of Firms shall, as against any person by whom or on whose behalf such statement, 
intimation or notice was signed, be conclusive proof of any fact therein stated. 
 
(2) A certified copy of an entry relating to a firm in the Register of Firms may be produced 
in proof of the fact of the registration of such firm, and of the contents of any statement, intimation 
or notice recorded or noted therein. 
 
69.  Effect  of non­registration.—(1)  No  suit  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 any person alleged to be or to have been a partner in the firm 
UNDER PROOF READING 
 
Page 21 of 24 
 
unless the firm is registered and the person suing is or has been shown in the Register of Firms as a 
partner in the firm. 
 
(2) No suit to enforce a right arising from a contract shall be instituted in any Court by 
or on behalf of a firm against any third party unless the firm is registered and the persons suing are 
or have been shown in the Register of Firms as partners in the firm. 
 
(3) The provisions of sub‑sections (1) and (2) shall apply also to a claim of set‑off or other 
proceeding to enforce a right arising from a contract, but shall not affect 
 
(a)  the enforcement of any right to sue for the dissolution of a firm or for accounts 
of a dissolved firm, or any right or power to realise the property of a dissolved 
firm, or 
(b)  the powers of an official assignee, receiver or Court under the 1[Insolvency 
(Karachi Division 2* * Act (III of 1909),] or the Provincial Insolvency Act, 
1920 (V of 1920) to realise the property of an insolvent partner. 
 
(4) This section shall not apply 
(a)  to firms or to partners in firms which have no place of business in 3[Pakistan], 
or whose places of business in 3[Pakistan] are situated in areas to which, 
by notification under 4[section 56] this Chapter does not apply, or 
 
(b)  to any suit or claim of set‑off not exceeding one hundred rupees in value which, 
5* * * is not of a kind specified in the Second Schedule to the Provincial Small 
Cause Courts Act, 1887 (IX of 1887), or to any proceeding in execution or other 
proceeding incidental to or arising from any such suit or claim. 
 
70. Penalty  for furnishing false particulars.—Any person who signs any statement, 
amending statement, notice or intimation under this Chapter containing any particular which he 
knows to be false or does not believe to be true, or containing particulars which he knows to be 
incomplete or does not believe to be complete, shall be punishable with imprisonment which may 
extend to three months, or with fine or with both. 
 
71. Power to make rules.—(1) The 6[Provincial Government] may make rules prescribing 
the fees which shall accompany documents sent to the Registrar of Firms, or which shall be payable 
for the inspection of documents in the custody of the Registrar of Firms, or for copies from the 
Register of Firms : 
 
 Provided that such fees shall not exceed the maximum fees specified in Schedule I 7[:]. 
 
 
 
 
 
 
 1 Subs. by A. O.,1964, Art. 2 and Sch., for “Insolvency (Dacca and the Federal Territory of Karachi) Act” which had been subs. by the Repealing and 
Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for Insolvency (Capital of the Federation and Dacca) Act” (with effect from the 24th January, 
1961.) 
2The words “and Dacca”, omitted by F.A.O., 1975, Art.2 and Sch. 
3 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (with effect from the 14th October, 1955), for “the Provinces 
and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. 
4 Subs. by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and 1st Sch. for “section 55”. 
5The words “in the Presidency ‑towns, is not of a k ind specified in section 19 of the Presidency Small Cause Courts Act, 1882, or, outside the 
Presidency‑towns” omitted by A. O., 1949. 
6 Subs. by A. O., 1937, for “G. G. in C.”. 
7 Subs. by the Partnership  (Amdt.) ordinance, 1981 (19 of 1981),s.3. for full­stop. 
 
UNDER PROOF READING 
 
Page 22 of 24 
 
2[Provided further that the fees payable for any service desired on the same day on which 
an application for the same is made may be double the aforesaid maximum fees.] 
 
(2) The 3[Provincial Government] may 4[also] make rules— 
 
(a)  prescribing the form of statement submitted under section 58, and of the 
verification thereof ; 
 
(b)  requiring statements, intimations and notices under sections 60, 61, 62 and 63 
to be in prescribed form, and prescribing the form thereof ; 
 
(c)  prescribing the form of the Register of Firms, and the mode in which entries 
relating to firms are to be made therein, and the mode in which such entries 
are to be amended or notes made therein ; 
 
(d)  regulating the procedure of the Registrar when disputes arise ; 
 
(e)  regulating the filing of documents received by the Registrar ; 
 
(f)  prescribing conditions for the inspection of original documents ; 
 
(g)  regulating the grant of copies ; 
 
(h)  regulating the elimination of registers and documents ; 
 
(i)  providing for the maintenance and form of an index to the Register of Firms ; 
 and 
 
(j)  generally, to carry out the purposes this Chapter.   
(3) All rules made under this section shall be subject to the condition of previous publication. 
 
CHAPTER VIII 
 SUPPLEMENTAL 
72. Mode of giving public notice.— A public notice under this Act is given 
 
(a)  where it relates to the retirement or expulsion of a partner from a registered 
firm, or to the dissolution of a registered firm, or to the election to become or 
not to become a partner in a registered firm by a person attaining majority who 
was admitted as a minor to the b enefits of  partnership, by notice to the 
Registrar of Firms und er section 63, and by pub lication in the 4[official 
Gazette] and in at least one vernacular newspaper circulating in the district 
where the firm to which it relates has its place or principal place of business, 
and 
 
1Proviso added ibid. 
2 Subs. by A. O., 1937, for “L.G.”. 
3 Ins., ibid. 
4Subs. ibid for “local official Gazette”. 
UNDER PROOF READING 
 
Page 23 of 24 
 
(b)  in any other case, by publication in the 1[official Gazette] and in at least one 
vernacular newspaper circulating in the district where the firm to which it 
relates has its place or principal place of business. 
 
73. [Repeals.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Schedule. 
 
74. Savings.— Nothing in this Act or any repeal effected thereby shall affect or be 
deemed to affect— 
 
(a)  any r ight, title, interest, ob ligation or liability already acquired, accrued or 
incurred before the commencement of this Act, or 
 
(b)  any legal proceeding or remedy in respect of any such right, title, interest, 
obligation or liability, or anything done or suffered before the commencement 
of this Act, or 
 
(c)  anything done or suffered before the commencement of this Act, or 
 
(d)  any enactment relating to partnership not expressly repealed by this Act, or 
 
(e)  any rule of insolvency relating to partnership, or 
 
(f)  any rule of law not inconsistent with this Act. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 1Subs. by A. O., 1937, for “local official Gazette”. 
 
UNDER PROOF READING 
 
Page 24 of 24 
 
1[SCHEDULE  I 
 
MAXIMUM FEES 
[See sub­section (1) of section 71]   
 
Document or act in respect of which the fee is payable 
 
Maximum 
Fees 
1 2 
 
Statement under section 58        ..           ..         ..           ..           ..        
    Rs. 
50 
 
Statement under section 60       ..           ..           ..           ..           ..     20 
 
Intimation under section 61..     ..           ..           ..           ..                  20 
..  
Intimation under section 62       ..           ..           ..           ..           ..     20 
 
Notice under section 63..           ..           ..           ..           ..                  20 
..  
Application under section 64..   ..           ..           ..           ..                  20 
Inspection of the Register of Firms under sub­section (1) of 
section 66..      ..           ..           ..           ..           ..           ..           
.. 
           5 
Inspection of documents relating to a firm under sub­section 
(2) of section 66 or any other document in the custody of the 
Registrar of  Firms             ..           ..           ..           ..           ..           
.. 
           5 
..           .. 
Copies from the Registrar of Firms        ..           ..           .. Rs. 2 for each 
..                                                                                            100 words or part 
thereof.] 
 
 
 
 
__________ 
 
 
 
 
 
 
 
 
 
 
 
1Subs. by the Partnership  (Amdt.) Ordinance, 1981 (19 of 1981),s.4, for Schedule I, which was previously amended by Ord. 12 of 1962,s.2, for the 
original Sch.I.