Section 79 in The Limited Liability Partnership Act, 2008

Title: Power to make rules

Description: (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) 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:-- (a) 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; (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; (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; (zg) the manner for striking off the names of limited liability partnerships from the register under section 75; (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 the 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; (zk) the form and manner of particulars about conversion under the proviso to paragraph 4 of the Third Schedule; (zl) the form and manner of the statement and amount of fee payable under sub-paragraph (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. (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.

Title: Power to remove difficulties

Description: (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament.

Title: Transitional provisions

Description: Until the Tribunal and the Appellate Tribunal are constituted under the provisions of the Companies Act, 1956 (1 of 1956) the provisions of this Act shall have effect subject to the following modifications, namely:-- (a) for the word "Tribunal" occurring in clause (b) of sub-section (1) of section 41, clause (a) of sub-section (1) of section 43 and section 44, the words "Company Law Board" had been substituted; (b) for the word "Tribunal" occurring in section 51 and in sections 60 to 64, the words "High Court" had been substituted; (c) for the words "Appellate Tribunal" occurring in sub-section (2) of section 72, the words "High Court" had been substituted.

Title: Short title, extent and commencement

Description: (1) This Act may be called the Unorganised Workers' Social Security Act, 2008. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 16th May, 2009, vide notification No. S.O. 1220(E), dated 14th May, 2009, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "employer" means a person or an association of persons, who has engaged or employed an unorganised worker either directly or otherwise for remuneration; (b) "home-based worker" means a person engaged in the production of goods or services for an employer in his or her home or other premises of his or her choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs; (c) "identity card" means a card, document or certificate issued to an unorganised worker by the District Administration under sub-section (3) of section 10; (d) "National Board" means the National Social Security Board for unorganised workers constituted under sub-section (1) of section 5; (e) "notification" means a notification published in the Official Gazette; (f) "organised sector'' means an enterprise which is not an unorganised sector; (g) "prescribed" means prescribed by rules made under this Act by the Central Government or the State Government, as the case may be; (h) "registered worker" means an unorganised worker registered under sub-section (3) of section 10; (i) "Schedule" means the Schedule annexed to the Act; (j) "State Board" means the (name of the State) State Social Security Board for unorganised workers constituted under sub-section (1) of section 6; (k) "self-employed worker" means any person who is not employed by an employer, but engages himself or herself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government; (l) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten; (m) "unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule II to this Act; and (n) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and State Government, as the case may be.

CHAPTER 14 MISCELLANEOUS