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Comparison between Old Act {Limited Liability Partnership Act, 2008} & New/Amended Act {Limited Liability Partnership (Amendment) Act, 2021}

Part 4 (Inserted Sections)

Section 01 to 81

Amendment

Inserted Section

Inserted Matter

After section 67 of the principal Act, 2008 the following section shall be inserted {Application of the provisions of the Companies Act}

Section 67A  {Establishment of Special Courts}

“(1) The Central Government may, for the purpose of providing speedy trial of offences under this Act, by notification, establish or designate as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.

(2) The Special Court shall consist of—

(a) a single Judge holding office as Sessions Judge or Additional Sessions Judge, in case of offences punishable under this Act with imprisonment of three years or more; and

(b) a Metropolitan Magistrate or a Judicial Magistrate of the first class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court:

Provided that until Special Courts are designated or established under sub-section (1), the Courts designated as Special Courts in terms of section 435 of the Companies Act, 2013 shall be deemed to be Special Courts for the purpose of trial of offences punishable under this Act:

Provided further that notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence committed under this Act, which is triable by a Special Court shall, until a Special Court is established under this Act or the Companies Act, 2013, be tried by a Court of Sessions or the Court of Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, exercising jurisdiction over the area

After section 67A of the Amended Act, 2021 the following section shall be inserted {Establishment of Special Courts }

Section 67B {Procedure and powers of Special Court}

“(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences specified under sub-section (1) of section 67A shall be triable only by the Special Court established or designated for the area in which the registered office of the limited liability partnership is situated in relation to which the offence is committed or where there are more than one Special Courts for such area, by such one of them as may be specified in this behalf by the High Court concerned

(2) While trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 be charged at the same trial.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years:

Provided that in the case of any conviction in a summary trial, no sentence of imprisonment for a term exceeding one year shall be passed:

Provided further that, when at the commencement of or in the course of a summary trial, it appears to the Special Court that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Special Court shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure for the regular trial

After section 67B of the Amended Act, 2021 the following section shall be inserted {Procedure and powers of Special Court}

Section 67C {Appeal and revision}

“The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Sessions trying cases within the local limits of the jurisdiction of the High Court”

After section 68 of the principal Act, 2008 the following section shall be inserted {Electronic filling of documents} Section 68A {Registration Offices}

“(1) For the purpose of exercising such powers and discharging such functions as are conferred on the Central Government by or under this Act or under rules made thereunder and for the purpose of registration of limited liability partnerships under this Act, the Central Government shall, by notification, establish such number of registration offices at such places as it thinks fit, specifying their jurisdiction

(2) The Central Government may appoint such Registrars, Additional Registrars, Joint Registrars, Deputy Registrars and Assistant Registrars as it considers necessary, for the registration of limited liability partnerships and discharge of various functions under this Act.

(3) The powers and duties of the Registrars referred to in sub-section (2) and the terms and conditions of their service shall be such as may be prescribed.

(4) The Central Government may direct the Registrar to prepare a seal or seals for the authentication of documents required for, or connected with the registration of limited liability partnerships”

After section 77 of the principal Act, 2008 the following section shall be inserted  {Jurisdiction of Court} Section 77A {Cognizance of offences} “No court, other than the Special Courts referred to in section 67A, shall take cognizance of any offence punishable under this Act or the rules made thereunder save on a complaint in writing made by the Registrar or by any officer not below the rank of Registrar duly authorised by the Central Government for this purpose”
After section 79 of the principal Act, 2008 in sub-section (2), after clause (k) the following Clause shall be inserted {Power to make rules} Clause (ka)

 

 

“(ka) the manner of allotting a new name to the limited liability partnership under sub-section (3) of section 17”
After section 79 of the principal Act, 2008 in sub-section (2), after clause (t) the following Clause shall be inserted {Power to make rules} Clause (ta) “(ta) the standards of accounting and auditing under section 34A”
After section 79 of the principal Act, 2008 in sub-section (2), after clause (zf) the following Clause shall be inserted

{Power to make rules}

Clause (zfa) “(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”
Clause (zfb) “the payment of additional fee for filing of document or return and the payment of different fee or additional fee under section 69”
Clause (zfc) “the form and fee for filing of appeal under sub-section (3) of section 72”

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