Home India Ministry of Home Affairs Delegation of Power to LG, UT of Ladakh under Indian Partner...
Date: 2022-05-05 Category: Extra Ordinary State: Union Government Country: India

Delegation of Power to LG, UT of Ladakh under Indian Partnership Act, 1932 (9 of 1932)

Issued by Ministry of Home Affairs · Department of Jammu, Kashmir and Ladakh Affairs

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Executive Summary & Key Takeaways

## Policy Analysis Report: Delegation of Powers under the Indian Partnership Act, 1932 to the Lieutenant Governor of Ladakh **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Home Affairs, Government of India, published on May 5, 2022. The notification delegates the powers and functions of the State Government under specific sections of the Indian Partnership Act, 1932, to the Lieutenant Governor of the Union Territory of Ladakh. This delegation aims to streamline the administration of the Indian Partnership Act, 1932 within Ladakh, effectively transferring authority from the President to the Lieutenant Governor. The key finding is the significant shift in administrative control over partnership matters within Ladakh. **2. Introduction:** This report provides an overview and analysis of a notification pertaining to the Indian Partnership Act, 1932, specifically concerning the Union Territory of Ladakh. The analysis is based solely on the provided official gazette text. The purpose is to inform the affected industry about the changes in exercising authority under the Act. **3. Policy Overview:** This report focuses on a *new policy* regarding delegation of power. * **Core Objective(s):** Based on the text, the primary objective is to transfer the powers and functions related to the Indian Partnership Act, 1932, to the Lieutenant Governor of Ladakh. This enables the Lieutenant Governor to exercise the powers previously held by the State Government on this matter. **4. Background and Rationale:** * **Rationale (New Policy):** The establishment of Ladakh as a Union Territory likely necessitates this delegation of powers. Prior to becoming a Union Territory, these powers would have resided with the relevant State Government. The notification likely addresses the administrative vacuum created by the transition and assigns responsibility for the Indian Partnership Act, 1932, within Ladakh to the Lieutenant Governor. This aims to ensure smooth administration and enforcement of the Act within the Union Territory. **5. Key Provisions / Changes:** * **(New Policy):** This notification dictates that the powers and functions that would have previously been held by the State Government relating to section 56, subsection 1 of section 57, subsection 3 of section 58 and subsections 1 and 2 of section 71 of the Indian Partnership Act, 1932 are to be carried out by the Lieutenant Governor of Ladakh. The Lieutenant Governor's exercise of these powers is subject to the control of the President and will remain in effect until further orders. This effectively transfers the administrative authority for these sections of the Act within Ladakh. **6. Target Audience and Stakeholders:** Based on the text, the primary stakeholders directly affected by this policy are: * **Businesses and individuals operating as partnerships within the Union Territory of Ladakh:** They will now interact with the Lieutenant Governor (or their designated officials) regarding matters covered by the specified sections of the Indian Partnership Act, 1932. * **The Lieutenant Governor of Ladakh and their administration:** They assume responsibility for the administration and enforcement of the specified sections of the Act. * **The Central Government (Ministry of Home Affairs):** They retain ultimate control through the President. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Lieutenant Governor of the Union Territory of Ladakh, under the control of the President, is the primary responsible body. * **Timelines/Procedures:** The text does not specify any immediate timelines or procedures besides that the policy is in effect until further notice. The notification is effective immediately upon publication. **8. Expected Outcomes / Impact of Changes:** * **(New Policy):** The intended outcome is a more streamlined and localized administration of the Indian Partnership Act, 1932, within Ladakh. This should provide clarity on which authority businesses operating in Ladakh should interact with on partnership-related issues. It potentially could lead to more efficient enforcement and resolution of partnership disputes within the Union Territory. **9. Conclusion:** The Ministry of Home Affairs' notification represents a significant step in establishing the administrative framework for the Union Territory of Ladakh. By delegating powers related to the Indian Partnership Act, 1932, to the Lieutenant Governor, the notification aims to ensure efficient governance and clarity for businesses operating within the region. This change will likely impact how partnerships are registered, regulated, and managed within Ladakh. Affected Industry should ensure familiarity with the Lieutenant Governor's office for all Indian Partnership Act-related concerns.

Key Entities Referenced

Constitution: Refers to the Constitution of India, the supreme law of India. President: Refers to the President of India. State Government: Refers to the government of a state within India; in this context, the powers and functions normally exercised by a State Government. Indian Partnership Act, 1932: A law governing partnership firms in India. Lieutenant Governor of the Union territory of Ladakh: The administrator of the Union Territory of Ladakh. Union territory of Ladakh: A Union Territory in India. Ministry of Home Affairs: A ministry of the Government of India. Manish Tiwari: Jt. Secy. (Joint Secretary) in an unspecified department.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-05052022-235552 xxxGIDHxxx CG-DL-E-05052022-235552 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1981] नई दिल्ली, बृहस्ट्प जतिार, मई 5, 2022/ििै ाख 15, 1944 No. 1981] NEW DELHI, THURSDAY, MAY 5, 2022/VAISAKHA 15, 1944 गहृ मत्रं ालय अजधसचू ना नई दिल्ली, 5 मई, 2022 का.आ. 2082(अ).—संजिधान के अनुच्छेि 239 के खण्ड (1) के तहत प्रित्त िजि के अनुसरण म,ें राष्ट्रपजत एतद्द्वारा जनिेि िेत े ह ैंदक संघ राज्य क्षत्रे लद्दाख के उप-राज्यपाल, राष्ट्रपजत के जनयंत्रण के अध्यधीन और अगल े आिेिों तक, लद्दाख संघ राज्य क्षत्रे के भीतर, भारतीय भागीिारी अजधजनयम, 1932 (932 का 9) की धारा 56, धारा 57 की उप-धारा (1), धारा 58 की उप-धारा (3) और धारा 71 की उप-धारा (1) और (2) के अधीन राज्य सरकार की िजियों का प्रयोग एिं कायों का जनिवहन करेंगे। [फा. सं. 12011/21/2022- एल] मनीष जतिारी, संयक्ु त सजचि 3061 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 5th May, 2022 S.O. 2082(E).—In pursuance of the power conferred under clause (1) of article 239 of the Constitution, the President hereby directs that the powers and functions of the State Government under section 56, sub-section (1) of section 57, sub-section (3) of section 58 and sub-sections (1) and (2) of section 71 of the Indian Partnership Act, 1932 (9 of 1932) shall, subject to the control of the President and until further orders, be exercised by the Lieutenant Governor of the Union territory of Ladakh within the Union territory of Ladakh. [F. No. 12011/21/2022-L] MANISH TIWARI, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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