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Section 16

The Orissa Warehouse Act, 1956State Act of Odisha · Act 4 of 1957

(l) Every warehouseman, in the absence of reasonable 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't warehouseman.

(2) Subject to any agre&ment between the' ware· houseman and the depositor, the dep<'.>S.itor may take partial delivery of the goods deposited in a warehouse .

17. (I) For the purposes of sub-sections (l) and

(2) of the foregoing section and sub-section (l) of section 15, loss of weight or bulk by dryage or shrinkage within the prescribed limits and gain in weight by absorption of moi@ture '"·ithin 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 ca.uses, the warehouseman s4all not be entitled thereto.

(3) If there is any shortage in the goods siored in a warehouse by dryage or other causes the ware~ houseman shall not be responsible therefor.

(4} In the event of a. dispute arising a.s t.o whether such shortage or excess is due to dryage or absorption of moisture or is due to other ca.uses beyond the control of the warehouseman, the matter shall be referred to the appellate authority referred to in section 29 whose decision thereon shall he final and binding.

---~--- ImQl'Bll~ of 18. Goods in warehouses shall be insured against !:e~~i':se. loss or damage by fire, rain, floods, theft, rjot or civil commotion, or any other prescribed event, in such manner as may be prescribed.

Disuriwina..

.... prohi· bited.

19. No warehOuseruan s~iall, iu the conduct of his business, discriminate between persons desiring to avail themselves of the facilities of his wal"e· .

house:

Provided that the warehouseman shall show such preference to agricultural producers or Co-opera­ tive Societies of agricultura.l producers in the State a.nd a.llow them such concessions as may be prescribed.

Explanation-A '' Co~opera.tive Society of agri ..

cultural producers " shall mean a socjety in which the majority of members are agricultural producers or the predominant interest is held by agricultural producers. In case of doubt whether .the Society ia one of agricultural producers or not within the mean ..

ing of the proviso of this section, the matter shall be referred to the Registrar of Co-operative Societies and his decisions shall be final.

WIU't'h0118tl- 20. Notwithstanding anything contained in any man :11ot to other. aw for the time being in force no warehouse.

~":J !.°~t man other than a Go-operative Society or the Central goods in or any State \Varehousing Corporation set up under wll.l'6hon11e. the Agricultural Produce (Development and Warehousing ) Corporation Act, 1956, shall, either on his t'tie2sof own account or that of others, deal in, or lend money · on, goods received ·by him for deposit in its warehouse.

• Accounts, 21. A warehouseman '"'°"!to .be books and records in such ma.1nWned. b "b d shall maintain accounts, form and ma.nner as may e prescn e .

CHAPTER IV lNSPEOTION A.ND GRADING OF GOODS Iiispeotion 22. The prescribed authority may, at any time during business hours, inspect or e.x:amine 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 require­ ments of this Act and the rules are being complied with.

Weighers 23. (1) The prescribed authority may, on applica­ samptera ~ud tion made in the prescribed manner and on payment ~b't!·ers to of the prescribed fee, issue licences to persons posses· 1icen'!s. sing the prescribed qualifications, entitling them to act as weighers, samplers, and grade1s of any goods deposited or to be deposited in a licensed warehouse a.nd to issue oortifica.tes a.& to the weight, bulk, quality or grade of the goods which they have examined.

Provieions regarding .. ,.

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(2) Any certificate so issued shall, subject to the provisions of section 24 be binding on the ware­ houseman 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.

Where this provision sits

ActThe Orissa Warehouse Act, 1956
Section16
JurisdictionState of Odisha
StatusIn force as published by the source

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