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Section 4

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

(l) Application for a licence shall be made in nnm11 of the presoribr.d form to the prescribed authority.

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(2) The prescribed authority may, on reoeiving such application and on payment of sqcll f~ ·~ in•y be pNsoribed, graJ!t a licence, [ Il J.-~w-6] I I r I I ' .

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30 6, (!) 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 whioh the licence has been applied for ;

(b) that the applicant is competent to conduct such a warehouse ;

(c) that the applicant has paid the fee presorihsd for the licence and has also paid the prescribed seourity, if any ; and ( d) that there is no other valid reason for which the applicant for the licence may, in the opinion of thepresoribedauthoritJ', be deemed to be disqualified.

(2) The Government may, by notification, add to or alter the terms and conditions under which a licence is granted to a warehousema.n under section 4.

6. Every licence granted under section 4 shall b0 valid for such period as may be prescribed and may, on ap])lication and payment of the prescribed fee, be renewed from time to time by the prescribed autho1 ity and for such period as may be prescribed, provided the other conditions'referred to in section 6 continue to be fulfilled.

7. If the prescribed authority refuses to gr&nt 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.

::r;:naioo a. Every licence granted under section 4 or tbl 0 't8Ua- renewed under section 6 shall be liable to be ~. suspended or cancelled by the prescribed authority, if in.:i.its .. opinion-

(a) the licensee has applied to be adjudicated, or boon adjudicated, an jnsolvant ; or · (b) bas parted, in whole or in part, with bis control over the warehouse ; or

(c) has ceased to conduct such warehouse ; or . (!l) has made unreMonable charges for the services rendered by him ; or . (e} has in any other manner become incompe.

tent to conduct such warehouse ; or • • • • • • ' • • • 31

(j) 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.

Notice '?f 9. (1) Before making an order of suspension or ::t::!i ... cancellation of licence under section 8, the prescribed t~on of authority shall give notice to the licensee stating the licenoe. grounds on w hi oh 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 .

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(2) After considering the explanation, if any, offered under sub-section (1), the prescribed authority may pass such final order as it deems fit.

(3) If any licence is suspended or cancelled ; the preBcribed authority shall make an entry to that effect in the licence.

10. When a licence expires, or is suspended or cancelled the warehouseman shall cease to carry on the business of a warel1ouseman and shall return the licence to the prescribed authority, who shall give reasonable time to the warehouseman to enable him to wind up the business.

11. (I) Where a licer1ce granted to a wa.rehouse man is lost, destroyed, torn, defaced or otherwise becomes illegible, the prescribed authority shall issue a duplicate licence on the application of the ware.

houseman and on payment of the prescribed f%.

(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 DVTIES OF A. W A.RJ!IHOUSEMA.:N Bewmable 12. Every warehouseman shall take such oare of ~~!1;:,. the goods deposit.ed with him as a man of ordinary 81tt!d. prudence would take of his own goods under similar circumstance~ and conditions.

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Where this provision sits

ActThe Orissa Warehouse Act, 1956
Section4
JurisdictionState of Odisha
StatusIn force as published by the source

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