\ \ MINISTRY OF HOME AFFAIRS NOTIFICATION Neiu Delhi, the 23rd January 1960 G.SR. 107.—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union territory of Tripura the Orissa Warehouse Act, 1956 (Orissa Act 4 of 1957), as at present in force in the State of Orissa, subject to t he following modifications, namely: — Modifications t. Save as hereinafter provided, throughout the Act, for the words "State Government", the words "Chief Commissioner" shall be substituted.
2. In sub-section (2) of section 1, for the words "the Sta te of Orissa", the word "Tripura" shall be substituted.
3. In section 2—
(i) for clause (a), the following clauses shall be substituted, namely:— "(a) "Chief Commissioner" means the Chief Commissioner of Tripura";
(aa) "Co-operative Society" means a society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, as extended to Tripura.
(ii) for clauses (d) and (e) , the following clauses shall be substituted, namely:— "(d) "licensed warehouse" means a warehouse licensed under this Act;
(e) "notification" means a notification^in the Tr ipura Gazette;";
(iii) after clause (h) , the following clause shall be inserted, namely:— "(hh) "Tripura" means the Union terr i tory of Tripura;" .
4. In sub-section (2) of section 5, for the words "Government", the words Chief Commissioner" shall be substituted.
5. The Explanation below section 15(1) shall be omitted.
6. In section 18, for the words "fire, rain, floods, theft, r iot or civil commotion" the words "fire or theft" shall be substituted.
7. In the proviso to section 19, for the words "the State", the word "Tr ipura" shall be substituted.
8. In section 33-—
(a) in sub-section (1), after the 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.
9. For the Schedule, the following Schedule shall be substituted, namely:— ''SCHEDULE [See section 2(c)] |. Food stuffs including condiments, dairy products and edible oil seeds;
2. Cotton, ginned or ungini -\ and cotton seeds;
3. Cattle fodder including oil cakes and other concentrates;
4. Jute;
'•••w?
5. Tobacco; jfc.
8. Hemp;
7. Forest products;
8. Haw materials and products of cottage industries;
9. Fertilisers and Agricultural Implements;
10. Cloth, seeds, insecticides and pesticides."
ANNEXURS THE ORISSA WAREHOUSE ACT, 1956 AS EXTENDED TO THE UNION TERRITORY OF TRIPURA ORISSA ACT 4 OF 1957 THE ORISSA WAREHOUSE ACT, 1956 f 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 ware houses 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 Prel iminary
1. Short title, extent and commencement.-—(1) This- Act may be called the Orissa Warehouse Act, 1956.
' (2) It extends to the whole of Tripura.
(3) It shall come into force on such date as the Chief Commissioner may, by notification, appoint in this behalf. -^iQ.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (
(a) "Chief Commissioner" means the Chief Commissioner of Tripura;
(aa) "Co-operative Society" means a society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, as extended to Tripura;
(b) "Depositor" means a person who tenders his goods to the warehouse man for storing, in his warehouse and includes any person who law 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 h im by the 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;
(e) "notification" means a notification in the Tripura Gazette;
(f)' "person" shall include any company or association or body corporate;
(g) "prescribed" means prescribed by rules made under this Act;
I'll) "receipt" means a warehouse receipt in the prescribed form issued by a warehouseman to a person depositing goods in the warehouse;
fhh\ "Trroura" means the Union territory of Tripura;
(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 but does not include cloak rooms attached to hotels, rai 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, r3\M )
CHAPTER 11 Licensing of Warehouses 2 Warehouseman.—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 t ime, 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 authori ty may, on receiving such application and on pay* ment of such fees as may be prescribed, grant a licence.
5. Conditions for licence.—(1) Before granting a licence the prescribed authority shall satisfy itself—
(a) that the warehouse is suitable for proper storage of the class or classes of goods in respect of which the licence has been applied for;
(b) that the applicant is competent to conduct such 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) that 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.
6. • Term and renewal of licence.—Every licence granted under section 4 shah 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 condition* referred to in section 5 continue to be fulfilled.
7. Notice of refusal to grant or renew licence.—If the prescribed authori ty r e fuses 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 appli cant by forwarding a copy thereof.
8. Suspension and cancellation of licence.—Every licence granted under sec tion 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 in solvent; or
(b) has parted, in whole or in part , with his control over the warehouse; or
(c) has ceased to conduct such warehouse; or
(d) has made unreasonable charges for the services rendered by him; or
(e) has in. any other manner become incompetent to conduct such ware house; or
(f) has contravened or failed to comply wi th any of the terms and con ditions 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 authority ' shall give notice to the licensee stating the grounds on which it is pro posed 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), the prescribed authori ty may pass such final order as it deems lit.
(3) If any licence is suspended or cancelled; the prescribed authority shall make an entry to that effect in the licence.
10. He turn 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 time to the warehouseman to enable him to wind up the business.
4 *W
11. Duplicate licence.—(1) Where a licence granted to a warehouseman is losjh* destroyed, torn, defaced or otherwise becomes illegible, t he prescribed a u t h o r : ^ snail issue a duplicate licence on the application of the -warehouseman and oh payment of the prescribed fee.
(2) When a duplicate licence is issued, it shall be clearly stamped "Duplicate" ana snail be marked with the date of issue oi the duplicate and that of original from the record of the office issuing the licence.
CHAPTER 111 j DUTIES OF A WAREHOUSEMAN
12. Reasonable care of the goods deposited.—Every warehouseman shall take such care oi the goods deposited wi th him as a man of ordinary prudence would talce of ms own goods under similar circumstances and conditions.
13. Precautions against damage or Injury to goods.—(1) Every warehouseman shall keep Ins warehouse clean and free from clamp, take all necessary precautions against rats and other pests, and fulfill such other conditions as may be presribed.
(2) No warehouseman shall accept goods for deposit which are likely to cause damage to other goods1 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 oi 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 of the goods deposited:
Provided that where standardised and graded goods a re stored in a warehouse then subject to any agreement between the warehouseman and a depositor, the ceipi
15. Goods deteriorating' In warehouse anal their disposal.—(1) Whenever goods deposited in a warehouse, deteriorate .or are about to deteriorate from causes beyoned the control of the warehouseman, he shall forthwith give notice of -&icn deterioration to the depositor, requiring him to take delivery of the goods immediately, after surrendering the receipt duly discharged and paying all charges clue to the warehouseman.
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 natufe of his interest and the warehouseman shall keep a record thereof and if such person requests in writ ing that intimation foe given to him re^ardin? •** the condition of the goods and agree to pay the charges for giving such intimation the warehouseman shall give him intimation accordingly. '
(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 ha goods s tored—(1) fror the purposes of sub-sections Q) and (2) of the foregoing section and sub-section U) of section 15, loss, of weight or bulk by dryage or shrinkage within the pre scribed limits and gam in weight by absorption of moisture within such limits shall not be deemed to amount to deterioration '" " "
(2) If there is any moisture or other causes, scess m roe goods stored in a warehouse by abosrption
0. hail not be enti t led there*
(3) If there is any shortage in the goods stored in a warehouse by dryage or U;her 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 mat ter shall be referred to the appellate authority referred to in section 29 whose decision thereon shall be final and binding.
18. Insurance of goods in' warehouse.—Goods in warehouses shall be insured against loss or damage by fire or theft, or any other prescribed e v e n t in 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 Tripura and allow diem 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 within 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 OK. 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 Agricultural Produce (Development and Warehousing) Corporation Act, 1956, (Act 28 of 1956) shall, either on his own : account or tha t of others, deal in, or lend money on, goods received by him for deposit m its warehouse.
21. Accounts, etc., to 'be 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, inspect 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 a re 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 quali fications, entitling 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 b - binding on the warehouseman and the depositor as to the weight, bulk, quality or grade of the goods so certified. ' J
(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 mav be prescribed and may, on application and payment of the prescribed fee be re newed 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 die grounds on which it is proposed to take action and giving him a reasonable opportunity of mowing cause against it. " to
(3) The prescribed authority may, however, suspend any such licence pending any action under sub-section (2). ' W i U i j
(4) The holder of any such licence shall, on the expiry thereof or ^ e ^ecgpt of an order suspending or cancelling it, return the licence to the prescnbec^.
authority,
25. Facilities to be given for weighing « ^ B ^ ^ J ^ S S ^ i , S S - provide facilities for weighing, sampling and grading any goods depositee m warehouse.
CHAFIER V W A R E H O U S E R E C E I P T S 9R Rwpint to be issued.—For the goods deposited in the warehouse by each d e p " ^ h e wai ehouseifan s^all issue a receipt which shalFcontam full parti culars of the goods and be in the prescribed form.
91 Recemts for deposits in warehouses.—The receipt issued by a warehousem a f shall Sless it i? otherwise specified thereon, be•; transferable by endorse- Sent and 'shall entitle the lawful holder thereof to receive the goods specified on thesame terms and conditions as the original depositor.
Explanation.-^ 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 warehniwprmm S i on application by the depositor and payment by him of the ^ c r i W fee issue aduplicate receipt on such conditions as he may think fit ?oTnposed, being conditions included in rules prescribed for the purpose.
CHAPTER VI MISCELLANEOUS ?Q Auneals against certain orders of prescribed authority—(1) A n *&£?*} mai? shall bTmadet? such authority and within such time as may be prescribed.
(2) The decision of such appellate authority shall be final. ^ ..
w No compensation for suspension or cancellation of licence.—Where fW licence i ^ s u s S S d oicancelled under this Act, the licensee shall not be entitled to Tny 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 ! * f e E X ^ 0 *?£;
tract or agreement which is inconsistent with the provisions .of this Act oi the rules made thereunder, shall, to the extent of such inconsistence, 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, Secretly Agent or other principal officer, managing the affairs of such company, association or body," shall be deemed to be guilty of such offence.
33 Rules—(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. I
(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;
(cl) the charges to be levied by warehousemen for their services;
(e) the books, accounts and records to be maintained by warehouseman;
(f) the conduct of public auctions for the sale of goods deteriorating or about to deteriorate in licensed warehouses and the manner in which 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 ware 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 apply for t he grant of licences as weighers, samplers or graders, the conditions to be in serted 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 s tandard weights, measures and gradations of goods to be used in licensed warehouses;
(m) 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 [See 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. Ju te ;
5. Tobacco;
6. Hemp;
7. Forest products;
3. Raw materials and products of cottage industries;
9. Fertilisers and Agricultural Implements;
10. Cloth, seeds, insecticides and pesticides.
N [No. F. 10/3/53-Judl.II.U.L.T. 19:]
IC E. PRABHTJ, By. Secy, JMGIPND—DME—353MQfHfi 15-2-60—353