Yi MINISTER OF HOME AFFAIRS NOTIFICATION New Delhi, the 23rd January 1960 ^ GS.K. 106.-IB exercise of the Powers c a ^ e ^ ^ ^ £ h ^ % ^ ' of 1957). as at present m rorce modifications, namely:— Modifications i ..x x-u„ A of fnr the wo rds "State G \ ( 2 ) of section 1, for the words "the State of Orissa" the
3. In section 2 - substituted, namely:- ( 1 ) for clause (a) the following » «h*U ^ ^ . ^ rf M a n i p u r "(al "Chief Commissioner means tne c ,„_,_,-„,, o r deemed to be £ "co-operative society" means a socte^ registged^pr ^ m 9 _ a s 1 8 registered under the A ^ Manipur;"
extended to the Union substituted, , , , „ „ J /pi the following clauses- shall oe
(2) for clauses (d) and te), me .
namely.- o, ,, ,, m e a n s a warehouse licensed under this Act;
-(d) "licensed w a r e h o u S " , ™ n territory of Manipur;
( d d V ' M ; n ^ : - . ~ s a notiflcation fa the Manipur Gazette;"
( e ) "notrdcation n^ai ^ ^ . ^ ^ ^ . ^ t h e w o r d s
4. In sub-section (2) of section , _ -Chief Commissioner hail be ^ ^ ^ . ^
5. The Explanation to sub-section (1) 01 commotion", «„„ 1R for the words "fire, ram, floods, theft, not or civ J \ £ r « & & * - } * ^ ^ t S d s "the State", the word "Manipur" 7 In the proviso to section 19, toi the voic shall be substituted ^ ^ „may,, t h e w o r d s -by notification and hall t a n y ^ . ^ ^ o r o m l t ( 2 ) S l e 1 rem' he S c h e d u l e d s h a h be omitted.
a n V ; r r i h e d u l e , t , followmg — shall 1 , substituted, namely;-
SCHEDULE [See section 2(c)] d . F Q o d s t u f f 3 i n c l u d ing condiments, dairy products and edible ; C ^ n ginned or unginned and ^ ^ ' c o n c e n t r a t e s .
3. Cattle fodder including oil cakes and other
4. Jute;
5. Tobacco; _'«
6. Hemp;
7 . Forest P ^ « ; industries;
8. Raw materials ana prouu^u rtrint~.
9 Fertilisers and Agricultural Implements
10. Cloth, seeds, insecticides and pesticides;
ANNEXURE THE ORISSA WAREHOUSE ACT, 1956 AS EXTENDED TO THE UNION-> TERRITORY OF MANIPUR \ ORISSA ACT 4 OF 1957 THE ORISSA WAREHOUSE ACT, 1956 An Act to provide for the establishment and regulation of warehouses in the State of Orissa.
Whereas it is expedient to encourage the establishment of licensed warehouses and make provision for their proper supervision and control;
It 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. S_hort title, extent and commencement—-(1) This Act may be called the ' ^ % Orissa Warehouse Act, 1956. J '< •
(2) It extends to the whole of Manipur.
(3) It shall come into force on such date as the Chief Commissioner may, by notification, appoint in this behalf.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(a) "Chief Commissioner" means the Chief Commissioner of Manipur;
(aa) "Co-operative Society" means a society registered or deemed to be registered under the Assam Co-operative Societies Act, 1949 (Assam Act No. I of 1950) as extended to the Union terr i tory of Manipur;
(b) "Depositor" means a person w h o tenders his goods to the Warehouse man for storing in his warehouse and includes any person who l aw- ; fully holds the receipt issued by the warehouseman in respect of such goods and derives title thereto by a proper endorsement or transfer thereof to him by t h e depositor or the depositor's lawful transferee;
(c) "goods" means any of the articles specified in the Schedule to this Act':
Provided that the Chief Commissioner may, by notification add, to or omit any article from the Schedule;
(d) "licensed warehouse" means a warehouse licensed; under this Act;
(dd) "Manipur" means t he Union terr i tory of Manipur;
(e) "notification" means a notification in the Manipur 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 by 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 ..**>$ of depositors bu t does not include cloak rooms attached to hotels, \ ra i lway stations, the premises of other public carriers and the like;
(j) "warehouseman" means a person, who has obtained licence under this.
Act in respect of his warehouse.
CHAPTER II LICENSING OF WAREHOUSES
3. Warelionsemail.—No person shall carry on the business of a warehouseman except under licence granted under this Act and in accordance with such terms and conditions thereof as may, from time to time, be prescribed under this Act.
4. Grant of Licence..—(1) Application for a licence shall be made in the pres cribed form to the prescribed authority.
(2) The prescribed authority may, on receiving such application and on pay ment of such fees as may be prescribed, grant a licence.
3 fafy
5. Conditions for licence.—(1) Before granting a licence, the prescribed authority shall satisfy itself—
(a) that the warehouse is suitable fo r proper storage of the class or classes of goods in respect of which the licence has been applied for;
(b) tha t the applicant is competent to conduct such a warehouse;
(c) tha t the applicant has paid the fee prescribed, for the licence and has also paid the prescribed security, if any; and
(d) tha t there is no other valid reason for which the applicant for the licence may, in the opinion of the prescribed authori ty, be deemed to be disqualified.
(2) The Chief Commissioner may, by notification, add to or alter the terms and conditions under which a licence is granted to a warehouseman under section
4.
8. Term and renewal of licence.—Every licence granted under section 4 shall be valid for such period as may be prescribed and may, on application and pay ment of the prescribed fee, be renewed from time to t ime by the prescribed authority and for such period as may be prescribed, provided the other conditions referred to in section 5 continue to be fulfilled.
7. Notice of refusal to grant or renew licence.—If the prescribed authority refuses to grant or renew a licence under the foregoing provisions, it shall record its reasons for such refusal in writing and communicate the order to the applicant by forwarding a copy thereof.
8. Suspension! and cancellation ol licence.—Every licence granted under section 4 or renewed under section 6 shall be liable to be.suspended or cancelled by the prescribed authority, if in its opinion—
(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 :;"-1 (d) has made unreasonable charges for the services rendered by him; or .
(e) has in any other manner become incompetent to conduct such warel house; o r "
(f) has contravened or failed to comply with any of the terms and conditions of the licence or any of the provisions of this Act and the Rules; or
(g) has contravened any other prescribed ground.
9 Notice of suspension and cancellation of licence.—(1) Before making an order of suspension or cancellation of licence under section 8, the prescribed authori ty shall give notice to the licensee stating the grounds on which it is proposed to take action to show cause as to why his licence shall not be suspended or cancelled within such date as may be specified in the said notice.
(2) After considering the explanation, if any, offered under sub-section (1), t he prescribed authority may pass such final order as it deems fit.
(3) In any licence is suspended or cancelled; the prescribed authori ty shall make an entry to that effect in the licence.
10 Ee tnrn of licence.—When a licence expires, or is suspended or cancelled the warehouseman shall cease to carry on the business of a warehouseman and shall re turn the licence to the prescribed authority, who shall give reasonable t ime to the warehouseman to enable h im to wind up the business.
11. Duplicate licence.— (1) Where a licence granted to a warehouseman is loJi:, 'destroyed, torn, defaced or otherwise becomes illegible, the prescribed authori ty shall issue a duplicate licence on the application of the warehouseman and on payment of the prescribed fee.
(2) When a duplicate licence is issued, it shall be clearly stamped "Duplicate" and shall be marked with the date of issue of the duplicate and that of the original from the record of the office issuing the licence.
CHAPTER III DUTIES OF A WAREHOUSEMAN '"*tm&?
£ 12 Reasonable 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 and conditions.
13 • Precautions against damage or Injury to goods.—(1) Every warehouseman shall 'keep his warehouse clean and free from damp, take all necessary precau tions. against rats and other pests, and fulfil such other conditions as may-be prescribed.
(2) No warehouseman shall accept goods for deposit which are likely to cause damage to other goods which are, or may be deposited in the warehouse.
14 Preservation of identity of goods,—-Every, warehouseman shall keep the goods" of one depositor separate from the goods of other depositors and from other goods of the same depositor for which a separate receipt has been issued ,- - in such a manner as to permit at all times of the identification and delivery o l , ,- the goods deposited: )
Provided that where standardised and graded goods are stored in a ware house then subject to any agreement between the warehouseman and a depositor, the same variety of goods belonging to different depositors may be pooled together and each depositor shall be entitled only to his portion of the goods according to weight or quantity, as the case may be, as shown m his receipt.
15. Goods deteriorating in .warehouse and their disposal.—(1) Whenever goods deposited in a warehouse, deteriorate or are about to deteriorate from causes >~ clue to the warehouseman.
(2) If the depositor does not, within a reasonable time, comply with a notice given to him under sub-section (1), the warehouseman may cause the goods to be removed from the warehouse and sold by public auction at the cost and risk of the depositor.
(3) Any person having an interest in any goods deposited in a warehouse "or in the receipt for such goods may inform the warehouseman in wri t ing of the fact and nature of his interest and the warehouseman shali keep a record thereof and if such person requests in writ ing that intimation be given to hirn regarding the condition of the goods and agree to pay the charges for giving such intima tion, the warehouseman shall give him intimation accordingly.
16. Delivery of goods.—(1) Every warehouseman, in the absence of reason able excuse shall, without unnecessary delay, deliver the goods deposited in his warehouse to the depositor on demand made by him and surrender of the receipt duly discharged and payment of all charges due to the warehouseman.
(2) Subject to any agreement between the warehouseman and the depositor;, the depositor may take part ial delivery of the goods deposited in a warehouse.
17. Liability of warehouseman for shortage or excess in goods stored,—-(1) I£or the purposes of sub-sections (1) and (2) of the foregoing section and sub-section
(1) of section 15, loss of weight or bulk by dryage or shrinkage within the prescribed limits and gain in weight by absorption of moisture within such limits shall not be deemed to amount to deterioration,
(2) If there is any excess in the goods stored in a warehouse by absorption of moisture or other causes, the warehouseman shall not be entitled thereto.
(3) If there is any shortagi the goods stored in a warehouse by dryage or other causes the warehouseman shall not be responsible therefor.
(4) In the event of a dispute arising as to whether such shortage or excess is due to dryage or absorption of moisture or is due to other causes beyond the control of the warehouseman, the matter shall be referred to the appellate authori ty referred to in section 29 whose decision thereon shall be final and binding.
13 Insurance of goods in warehouse.—Goods in warehouses shall be insured against loss or damage by fire, or theft, or any other prescribed event, m sucn manner as may be prescribed.
19 Discrimination -prohibited.—No warehouseman shall, in the conduct of his business, discriminate between persons desiring to avail themselves ot the jacmties of his warehouse: I • '•> ~;
Provided that the warehouseman shall show such preference to agricultural producers or Co-operative Societies of agricultural producers m Himachal Pradesh 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 a re 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 wi thm the meaning of the proviso of this section, the mat ter 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.—Not withstanding anything contained in any other law for the t ime being in force no warehouseman other than a Co-operative Society or the Central or any State Warehousing Corporation set up under the Agricul tural Produce (Development and Warehousing) Corporation Act, 1956 (Act 28 of 1956), shall either on his own account or that of others, deal in, or lend money on, goods received by him for deposit in its warehouse.
21. Accounts, etc., / to he maintained.—A warehouseman shall maintain accounts, books and records in such form and manner as may be prescribed.
CHAPTER IV INSPECTION AND GRADING OF GOODS
22. Inspection.—The prescribed authority may, at any time during business hours, insnect or examine or cause to be inspected or examined, any licensed 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 ohtain licences.—.(1) The prescribed authori ty may, on application made in the prescribed manner 'and on payment of the prescribed fee, issue licences to persons possessing the prescribed qualifica tions, entitl ing them to act as weighers, samplers, and graders of any goods deposited 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 section 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 the prescribed authority.
(2) The prescribed authority may cancel any such licence, after communicat ing to the licensee the grounds on which it is proposed to take action and giving h im 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).
(4) The holder of any such licence shall, on the expiry thereof or the receipt of an order suspending" or cancelling it, re turn the licence to the prescribed authority.
25. Facilities to be glvon for weighing goods, etc.-—Every warehouseman, shall provide facilities for weighing, sampling and grading any goods deposited in his warehouse.
6 ,^a#'
CHAPTER V V* WAREHOUSE RECEIPTS • '_£•
26. Receipt to foe issued.—For the goods deposited in the warehouse by each ' depositor, the warehouseman shall issue a receipt which shall contain lu l l particulars of the goods and. be in the prescribed form.
27 Receipts for deposits in warehouses.—The receipt issued by a warehouse man shall unless it is otherwise specified thereon, be transferable by endorse ment and shall entitle the lawful holder thereof to receive the goods specified 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 by the depositor and payment by him of the prescribed fee, issue a duplicate receipt on such conditions as he, may think fit __.
to impose, being conditions included in rules prescribed for the purpose.
CHAPTER VI MISCELLANEOUS
29. Appeals against certain orders of prescribed authority.—(1) An appeal against any order of the prescribed authori ty refusing to grant or renew a:
licence or suspending or cancelling any such licence in respect of a warehouse man shall be made to such authori ty 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 Act, 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 be void.—Every contract or agreement which is inconsistent with the provisions of this Act . or „ the ru les ,made thereunder, shall, to the extent of such inconsistency, be v o i c L * ^ \
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 te rm 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, v' association or body, shall be deemed to be guilty of such offence.
33. Rules.—(1) The Lieutenant Governor 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; jj
(c) the publication of the grant, suspension or cancellation of licences to warehouseman and of consolidated lists of warehouseman and • licensed warehouses;
(cl) the charges to be levied by warehousemen for their services:
(e) the books,, accounts and records to be maintained by warehouseman;
7
(f) the conduct of public auctions for the sale of goods deteriorating or about to deteriorate in licensed warehouses and the manner in which s the proceeds of such sales shall be accounted for;
(g) the scales of losses and gains of weight or bulk which may be sustained 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 wa re houseman may be forfeited, and the manner in which any sum falling due as a result of such forfeiture may be recovered;
(j) the efficient conduct generally of the business of warehousemen;
(k) 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;
(m) the authority to which and the t ime within which an appeal under section 29 should be made;
(n) the manner of giving notices under this Act.
"SCHEDULE iSee Section 2(c)]
1. Food stuffs including condiments, dairy products and edible oil seeds;
2. Cotton, ginned or unginned and cotton seeds;
3. Cattle fodder including oil cakes and other concentrates;
4. Tobacco;
5. Hemp;
6. Forest products;
' 7. Raw materials and products of cottage industries;
'8. Fertilisers and Agricultural Implements;
•9. Herbal produce like Dhup. Karu and violet flowers;
10. Cloth, seeds, insecticides and pesticides;
11. Furni ture , fixtures and building materials . r, [No. F. 8/2/58-J-II-UTL.ifc2 K. R. FRABHU, Dy. Secy.