(3> MINISTRY OF HOME AFFAIRS NOTIFICATION x New Delhi, the 23rd January 196b G.S.U, 105.—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 19501, the .Centra l Government hereby extends to the Union terri tory of Himachal Pradesh the Orissa Warenouse Act, 19a6 (Orissa Act 4 of 1957), as at present in force in the State of Orissa, subject to the following modifications, namely:— Modifications
1. Save as hereinafter provided, throughout the. Act, for the words "State Government", the words "Lieutenant Governor" shall be substi tuted.
2. In sub-section (2) of section 1, for the words "the State of Orissa", the words "Himachal Pradesh" shall be substituted.
3. In section 2—
(i) for clause (a), the following clause shall be substituted, namely:— "(a) "Co-operative Societv" means a society registered or deemed to be - registered under the Himachal Pradesh Co-operative Societies Act, 1956;"
(ii) for clause (d), the following clause shall be substituted, namely:— "(d) "Himachal Pradesh" means the Union terr i tory of Himachal Pradesh;"
(iii) after clause (e), the following clauses shall be inserted, namely:— "(e-1) "Lieutenant Governor" means the Lieutenant Governor? of Himachal Pradesh;
(e-2) 'notification" means a notification in the Himachal Pradesh Gazette;"
4 In sub-section (2) of section 5, for the word "Government", the \vords 'Lieutenant Governor" shall be substituted.
5. The Explanation below section 15(1) shall be omitted.
6. In section 18, for the words "fire. rain, floods, theft, riot or civil commotion", the words "fire or theft" shall be substituted.
7. In the proviso to section 10. Cor the words "the State", the words "Himachal Prades£v" shall be substituted. v
3. In section 33—
(a) in sub-section (11, after Hie word "may", the words "by notification and" shall be inserted;
(b) in sub-section (2). the words "add any article to, or omit any article from, the Schedule or" shall be omitted.
0. For the Schedule, the following Schedule shall be substituted, n a m e l y : -
SCHEDULE |,sv,> section 2{c) 1 1, Pood stuffs including condiments, dairy products and edible oil seeds;
2, Cotton, ginned or unginned and cotton seeds:
3. Cattle fooder including nil cakes and other concentrates;
4. Tobacco;
8, Hemp;
ii. Forest products; . .
7, Raw materials and products o(: cottage industries.
3 Fertilisers and Agriculttiral [mp-lements;
S)'. Herbal produce like Dhup, Karu and violet flowers;
10 Cloth, seeds, insecticides and pesticides;
11. Furniture, fixtures and building materials."
file:///vords # V - THE ORISSA WAREHOUSE ACT. 1956, AS EXTENDED TO THE UNION TERRITORY OF HIMACHAL PRADESH ORISSA ACT 4 os1 1957 - THE ORISSA WAREHOUSE ACT, 1956 An Act to provide for the establishment and regulation of warehouses in ths State of Orissa Whereas it is expedient to encourage the establishment of licensed warehouses and make, provision for their proper supervision and control:
I t is hereby enacted by the Legislature of the State of Orissa in the Seventh Year of the Republic of India as follows:—
CHAPTER I " PRELIMINARY ^
1. Short title, extent and commencement—{1) This Act may be called the Orissa Warehouse Act, 1956.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force on such date as the Lieutenant Governor may, bv notification, appoint in this behalf. " %, Definitions,—In this Act, unless there is anything repugnant In the subject, m context,—
(a) "Co-operative Society" means a society registered or deemed to be registered under the Himachal Pradesh Co-operativei Societies Act, 1956;
(b) "Depositor" means a person who tenders his goods to the warehouse man for storing in his warehouse and includes any person who lawfully holds the receipt issued by the warehouseman in respect of such good's and derives title thereto by a proper endorsement or transfer thereof to him by the depositor or the depositor's lawful transferee;
(c) "goods" means any of the articles specified in the Schedule to thi'&^Vct:
Provided that the Lieutenant Governor may, by notification add, to or omit any article from the Schedule;
(d) "Himachal Pradesh" means the Union territory of Himachal Pradesh;
(e) "licensed warehouse" means a warehouse licensed under tins Act;
(e-1) ' l i e u t e n a n t Governor" means the Lieutenant Governor of Himachal Pradesh;
(e-2) ''notification" means a notification in the Himachal Pradesh Gazette!
(f) "person" shall include any company or association or body corporate;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "receipt" means . a warehouse receipt in the prescribed form issued. " v a warehouseman to- a person depositing goods in the warehouse; ***•-
(i) "warehouse" means any building, structure or other protected enclosure which is or may be used for the purpose of storing goods on behalf OJ. depositors, but does not include cloak rooms attached to' hotels.
railway stations, the premises of other public carriers and the like;
(j) "warehouseman" means a person, who has obtained licence under this Act m respect of his warehouse.
CHAPTER II Lxsmsmss OF WAREHOUSES a Wa^Jioasesimn,—No person shall carry on the business of a warehouseman S S r S ; J S j « ! p l l . « n c e granted under this Act and in accordance with such terms and conditions thereat as may, from time to time, be prescribed under this Act.
,-v" p l m i °f l icence.—(1) Application for a licence shall be made in the nresci-ioed form to the prescribed "authori ty.
* ; ^ . ? h s P^se r ihed authori ty may, on receiving such application and on o a r - aaem oi sued iees as may be prescribed, g ran t a licence.
a° 6
5. Conditions for l i c e n c e d L) Before granting a licence the prescribed authority shali satisfy itself— (]>) that the applicant is competent to conduct such a warehouse;
to be disqualified.
6. Term and renewal oi " T ^ S S l S S r a S ^ ' S W S S f i i m be valid tor such period js may be piescubed a . d m a y , o P P prescribed seAaffSrtai- f^isf ^^^the • f l-»«* t tnreferred to in section 5 continue to be fulfilled. ,. Notice * » M to 5-g- - g g n s s & w s j w j r « s s g f S i ^ a 1 ! ^ * ^ S ! ^ « S ! K 3 E order to the « W * by forwarding a copy thereof.
4 ^ S ^ d ^ S ^ S A , ^ b t n ^ » ^ « t S n ^ 5 r 5 prescribed authority, if in its op imon-
(a) the licensee has applied to be adjudicated, or been adjudicated, an insolvent; or
(b) has parted, in whole or in part, with his control over the warehouse; or
(c) has ceased to conduct such warehouse; or |
(cl) has made unreasonable charges for the services rendered by him; or
(e) has in any other manner become incompetent to conduct such warehouse;
or i ton** in mmnlv with any of the terms and conditions m b u ^ ^ ^ J ^ g f j g ^ 0 yt this Act and the Rules; or («) has contravened any other prescribed ground.
0. Notice of ^ ^ ^ ^ ^ ^ l ^ ^ ^ S f ^ ^ ^ ^ ^ of suspension or c f f ^ ^ a s f e ^ S ^ r 3 g r S S t a on which it is proposed to shall give ^ ^ ^ . ^ ^ ^ f w b y b S licence8 shall not be suspended or cancelled •-, • • t-uo ^^nlnnnlion if any offered under sub-section (.U, J%££Stf&3g %,<&££-& -der a, it deems fit " n ) a any Ucence is suspended or cancelled; the prescribed authority shall make an entry to that effect in the Ucence.
e T i „,r. When a licer.ee 'expires, or is suspended Or cancelled 10, Return of Lieence.-Whcn ^ g n « J J business oC a warehouseman and ,he warehouseman shall cease t o • J g g ™ a u t h o r i t y > who shall give reasonable ffi£ ff&JSMSS^lo^aBfffl to wind up the business.
H. Duplicate U c a n « r i l , WJ^e a hcence ̂ f f - g g ^ A ^ j S ^ S S f T u f f i o ^ S ^ u e ^ * » warehouseman and on payment of the prescribed tee. stamped "Duplicate" SSiteSf from the r?cord of the omee luuing the Ucence.
http://licer.ee 4- i™**' • - • • - CHAPTEK III „ i DUTIES OF A WAREHOUSEMAN M. "
12. Ileasonable care of the goods deposited.—Every warehouseman shall take such care of the goods deposited with him as a man of ordinary prudence would take of his own goods under similar circumstances aryi conditions.
13. Precautious against damage or injury to goocls.^_(l) Every warehouseman shall keep his warehouse clean and tree from damp, take all necessary orecau= tions against rats and other pests, and fulfil such other conditions as mav be prescribed. J
(2) No warehouseman shall accept goods for deposit which are likely to cau«e damage to other goods which are, or may be deposited in the warehouse.
11. Preservation of identity of goods.—Ever?* warehouseman shall keep the goods of one depositor separate from the goods 0 | o^er depositors and from-- other goods of the same depositor for which a separate receipt has been issued m such a manner as to permit at all times of the identification and delivery of*' the goods deposited: . T~- •
Provided that where standardised and graded goods are stored in a warehouse . ™ i ™?£?L *?c a n 7 agreement between the_ warehouseman and a depositor, the is receipt,
15. Goods deteriorating in warehetsss and their disposal.-—(1) Whenever »oods deposited m a warehouse deteriorate or are about to deteriorate from causes beyond the control of the warehouseman, he shall forthwith give notice of such deterioration to the depositor, requiring him to take delivery of the ootid* .immediately, after surrendering the receipt' duly discharged and paying ill charges due to the warehouseman. " a Vd)m§ «u * * * * « _ (2) If the depositor does not, within a reasonable time, comply with a notice given to him unaer sub-section (1), the warehouseman mav cause the enods to oe removed from the warehouse and sold by public auction at the cosPtad risk of the depositor. <=v
(3) Any person haying an interest in any goods deposited in a warehouse or in tne receipt tor such goods may inform the warehouseman in writing of the fact and nature of-his interest and the warehouseman shall keep a record .thereof .and u such person requests m writing that intimation be given to him regarding the condition of the goods and agree to pay-the charges for giving such i n t S - uon, the warehouseman shall give him intimation accordingly. •
1Q. Delivery of goods.—(1) Every warehouseman, in the absence of reasonable excuse snail, without unnecessary delay, deliver the goods deposited m hi ware house to the depositor on demand made by him and surrender of the r S t duly discharged and payment of all charges due to the warehouseman. r ~ c e i P c
(2) Subject to any agreement between the warehouseman and the depositee the depositor may take partial delivery ol: the goods deposited in a warehoused
17. Liability of warehouseman for storage or excess in goods stored— (I) Eor the purposes of sub-sections (1) arid (2) of the foregoing section and sub-section (1; or section la. loss of weight or bulk by dryage or shrinkage within the prescribed limits and gam m weight by absorption of moisture within such limits shall not be deemed to amount io deterioration.
(2) If there is any excess in the goods stored in s warehouse by absorption of moisture or other causes, the warehouseman shall not be entitled thereto.
(3) If there is any shortage in the goods stored in a warehouse by dryage ftr Other causes the warehouseman shall not be responsible therefor.
>-- ._ , (4) In. the event or a dispute arising as to whether such shortage or excess 19 due to other dryage or absorption of moisture or is due to other causes bSond the control of the warehouseman, the matter shall be referred to the atroellate biSi;;y rt!d t0 in secHoa w whose decision Uiere^ ^uS SI fiSrlSi Z&1 J* 18 Insurance of goods in warehouse.—Goods in warehouses snail be insured against loss or damage by Are, or theft, or any other prescribed event., to such manner as may be prescribed.
19 Discrimination .prohibited.—No warehouseman shall, in the conduct of his business discriminate between persons desiring to avail themselves of the facilities of his warehouse: ,
Provided that the warehouseman shall show such preference to agricultural producers or Co-operative Societies of agricultural producers in Manipur and allow them such concessions as may be prescribed,
Explanation.—A "Co-operative Society of agricultural producers" shall mean a society in which the majority of members are agricul tural producers or the predominant interest is held by agricultural producers. In case of doubt whether the Society is one of agricultural producers or not withm the meaning of the proviso of this section the matter shall be referred to the Registrar of Co-operative Societies and his decisions shall be final.
20 Warehouseman not to deal in or lend against goods in warehouse.—Natwithstanding anything contained in any other law for the m n e being m iorce no warehouseman other than a Co-operative Society or the Central or any State- Warehousing Corporation set up under the Agricultural Produce (Development and Warehousing) Corporation Act, 1956, (Act 28 of 1956) shall ei ther on his own account or that of others, deal in, or lend money on, goods received by him for deposit in its warehouse.
2.1 Accounts, etc,., to be maintained.—-A warehouseman shall maintain accounts, books and records in such form and manner as may be prescribed.
CHAPTER IV INSPECTING AND GRADING OF Goons 22 Inspection.—The prescribed authority may, at any t ime during business hours inspect or examine or cause to be inspected or examined, any licenced warehouse its machinery and equipment, goods deposited therein, and the account books and' records relating thereto, for the purpose of satisfying itself that the requirements of this Act and the rules are being complied with.
23 Weighers, samplers, and graders to obtain licences.—(1) The prescribed authority may, on application made in the prescribed manner and on payment of the prescribed fee, issue licences to persons possessing the prescribed qualifica tions, entitling them to act as weighers, samplers, and graders of any goods deposit ed or to be deposited in a licensed warehouse and to issue certificates as to the weight, bulk quality or grade of the goods which they have examined.
" (2) Any certificate so issued shall, subject to the provisions of sections 24 be binding on the warehouseman and the depositor as to the weight, bulk, quality or grade of the goods so certified.
(3) No person who is not licensed under this section shall act, or hold himself out,' as a weigher, sampler or grader.
24. Provisions regarding such licences,— (1) Every licence granted to a weigher , ' sampler , or grader under section 23 shall be valid for such period as may' be prescribed and may, on application and payment of the prescribed fee, be "renewed from time to time for the prescribed period by tire prescribed autho rity.
(2) The prescribed authority may cancel any such licence, after communicating to the licensee the grounds on which it is proposed to take action and giving him a reasonable opportunity of showing cause against it.
(3) The prescribed authority may. however, suspend any such licence pending any action under sub-section (2), (-1) The holder of any such licence shall, on the expiry thereof or the receipt of an order suspending or cancelling it, re turn ihe licence to the prescribed authority.
25 Facilities to be given for weighing goods, etc.—Every warehouseman, shall provide facilities for weighing, sampling and grading any goods deposited in his warehouse, 6
CHAPTER V WAREHOUSE RECEIPTS
29. Receipt to ae issued.—For the goods deposited in the warehouse by each depositor, the warehouseman shall issue a receipt which shall contain full par t i culars of the goods and be in the prescribed form.
27. Receipts for deposits in warehouses.—The receipt issued by a warehouseman shall, unless it is otherwise specified thereon, he transferable by endorsement and shall entitle the lawful holder thereof to receive the goods specified in on the same terms and conditions as the original depositor.
Explanation.—The provisions of this sub-section shall not apply to any receipt issued by a person who has not obtained a licence under this Act.
23. Duplicate receipt,—If a receipt is lost, destroyed or damaged, the ware houseman shall, on application b y the depositor and payment by h im ' of the prescribed fee, issue a duplicate receipt on such conditions as he may think At to impose, being conditions included in rules prescribed for the purpose.
CHAPTER VI MISCELLANEOUS
23. Appeals against certain orders of prescribed authority.—(1) A n appeal against any order of the prescribed authori ty refusing to grant or renew a licence or suspending or cance l ing any such licence in respect of a warehouseman shall be made to such authority and within such time as may be prescribed.
(2) The decision of such appellate authority shall be final.
30. No compensation for suspension or cancellation of licence.—Where any licence is suspended or cancelled under this Ac.t, the licensee shall not be entitled to any compensation therefor, nor shall he be entitled to the refund of any fee paid by him for the licence.
31. Contracts and agreements inconsistent with Act to he void.—Every contract or agreement which is inconsistent wi th the provisions of this Act or the rules made thereunder, ' shall, to the extent of such inconsistency, be void.
32. Penalty and procedure.—(1) Whoever— ***
(a) acts, or holds himself out, as a licensed warehouseman without having obtained a licence under this Act; or
(b) knowingly contravenes or fails to comply with any of the provisions or requirements of this Act or the rules;
shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
(2) Where a person committing an offence under sub-section (1) is a company or an association or a body of persons, whether incorporated or not, the Manager, Secretary Agent or other principal officer, managing the affairs of such company, association or body, shall he deemed to be guilty of such offence.
33 Kales,—(1) The Chief Commissioner may by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—-
(a) the matters expressly required or allowed by this Act to be prescribed;
(b) the conditions to be inserted in licences to be granted to warehouse man and the form of such licences;
(c) the publication of the grant, suspension or cancellation of licences to warehousemen and of consolidated lists of warehousemen and licensed warehouses; . ,>._
(d) the charges to be levied by warehousemen for their services;
(a) the books, accounts and records to be maintained by warehouseman;
(i) the conduct of oublic auctions for the sale of goods deteriorating or about to deteriorate in licensed warehouses and the manner in the proceeds of such sales shall be accounted for;
X /' vhich 7 (&) the scales of losses and gains of weight or bulk which may be sustain ed by goods owing to shrinkage or dryage in the one case and owing to absorption of moisture in the other;
(h) the disinfection of licensed warehouses and the disinfestation of goods stored therein;
(i) the circumstances in which any security or bond furnished by a ware houseman may be forfeited, and the manner in whicH any sum falling due as a result of such forfeiture may be recovered;
(j) tilt efficient conduct generally of the business of warehousemen;
tit) the qualifications to be possessed by persons applying for the grant of licences as weighers, samplers or graders, the conditions to be inserted in their licences, the form of the certificates to be issued by them and the grounds for which the licences may be suspended or cancelled;
(1) the standard weights, measures and gradations of goods to be used in licensed warehouses;
Cm) the authority to which and the time within which an appeal under section 29 should be made;
(n) the manner of giving notices under this Act.
SCHEDULE : !
[Sec section 2(c)]'
1. Food stuffs including condiments, dairy products and edible oilseeds;
a. Cotton, ginned or unginned and cotton seeds;
3: Cattle fodder including oil cakes and other concentrates;
4. Jute;
5. Tobacco;
8. Hemp; • '•
7. Forest products;
8. Raw materials and products of cottage industries;
9. Fertilisers and Agricultural Implements;
10. Cloth, seeds, insecticides and pesticides.
[No. P, 9/7/58-Judl. II U.T.L, *gr] K. R. PRABHU, Dy. Secy.
GIPND—DME-35^iV4ot'HA- - [5-2-60—350 ' > . 1 I J