(1) Subject to the provisions of this rule, the registration of a warehouse registered prior to the commencement of these rules shall continue to be valid for its remaining period of registration.
(2) Warehouse registered with the Authority prior to the commencement of these rules shall have to comply with the requirements stated in rules 22, 23, 24, 25, 26, 27, 28 and 29 within six months from such commencement.
(3) A warehouseman registered with the Authority in respect of one or more warehouses prior to the commencement of these rules shall, within thirty days of such commencement, furnish to the Authority -
(a) the name of his employer who is the owner of the warehousing business, if the warehouse is owned by such owner;
(b) the name of his employer who is the owner of the warehousing business, if the warehouse has been hired or leased by such owner; or
(c) a declaration that he is the owner of the warehousing business, if the warehouseman is the owner of the warehousing business.
(4) The owner of the warehousing business shall also furnish –
(a) a declaration of the warehouseman confirming that he is the owner of the warehousing business, and that the details furnished by the warehouseman under this rule are true and correct; and
(b) a declaration that he shall comply with the requirements of these rules within the stipulated time.
(5) A declaration from the owner of the warehousing business shall not be required under sub- rule (4) if such person is the warehouseman prior to the commencement of these rules.
(6) The registration of a warehouse registered with the Authority prior to the commencement of these rules shall lapse automatically, if the owner of the warehousing business fails to comply with the requirements under this rule.
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 39 The First Schedule [See rules 2(1) (e) and 15(2) (b)] Documents to demonstrate effective control of warehouse concerned by applicant The applicant must submit any one of the following documents to exhibit effective control over the warehouse concerned —
(1) a copy of the lease deed or rent agreement in respect of the warehouse concerned, or any other document evidencing a lease or rent, in favour of the applicant;
(2) in case of sub-lease, a copy of the lease deed indicating that sub-leasing is permitted, and a copy of the sub-lease deed. The lease deed must permit a sub-lease with effective control over the warehouse concerned;
(3) a revenue sharing agreement in respect of the warehouse concerned, with clear responsibility of the applicant to manage and operate the warehouse;
(4) no objection certificate from the municipal corporation/panchayat/local body, as the case may be, for carrying out the business of warehousing in favour of the applicant on land owned by the municipal corporation/ panchayat/local body ;
(5) copy of lease document from the concerned Agricultural Produce Marketing Committee or Board indicating lawful possession of land/ warehouse in favour of the applicant; or
(6) copy of the allotment letter by respective State Government indicating lawful possession of land/warehouse, in favour of the applicant.
The Second Schedule [See rules 4(1) and 13(1)] Application for the Registration / Renewal of Registration of Warehouse Recent passport size Photo of the applicant or authorized representative of the applicant, who signs the application form To The Warehousing Development and Regulatory Authority ………………………………………..
……………………………………….. New Delhi-110016 Subject: Application for registration / renewal of registration of Warehouse(s) at............................................Tehsil / Taluka................. District................
Dear Sirs, I/ we…………………...........… (Name) working as....………………….(designation) in …………………....................................(name of the organization) having its registered office at …………………………. request for grant of registration/ renewal of registration for carrying on the business of warehousing and accordingly submit the following information.(strike I. Information concerning the applicant:
1 Name of the applicant* 2 Address of the applicant (please attach proof of address) 3 E-mail 4 Phone number with STD code Mobile number 5 Whether the application is in respect of an existing warehouseman? If yes, please mention the warehouseman identification number given in any earlier certificate of 40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] registration obtained 6 Type of entity (Company/ PSU/ Partnership firm/Cooperative Society/ Society/ Trust /Individual) 7 Please furnish a copy of the identity proof of the applicant (refer the Fifth Schedule of Warehousing (Development and Regulation) Registration of Warehouses Rules 2017) (If the application is in respect of entity other than a natural person (individual), one of the documents attached should state that one of the objectives of the entity is to carry on the warehousing business 8 If the application is submitted by an authorised representative of the applicant (other than a natural person/individual), please indicate the address, e-mail and phone/mobile numbers of the authorised representative and attach copy of the proof of address as per serial number 1 of the Fifth Schedule of Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 and any one of the following documents :
(i) power of attorney:
(ii) board resolution authorising the representative;
(iii) board resolution in favour of the person providing a letter of authorisation in favour of the authorised representative; or,
(iv) a letter of authorization from the governing body of the trust, society, partnership firm, as the case may be (the governing body shall be the body constituted by such organisation under its registered incorporation documents). .
9 Details of Insurance Policies covering the warehouse applied (as per rule 17 of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017) Please attach photocopies of the insurance policies.
10 Net-worth of the entity for the previous financial year. (Please attach proof as per rule 18 (5) of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017) 11 Please attach one set of Standard Operating Procedure as per rule 21 of the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017) 12 Number of warehouse(s) for which registration is applied for (Note: In case the application is with respect to an existing warehouseman and there is no change in serial number 1-11 only serial number 1,5 and 12 would need to be filled. However, in case of any change in any of the particulars listed at serial number 1-11, the same shall also be provided.)
II. Information pertaining to the Warehouse for which registration is sought:
(to be submitted separately for each warehouse)
1. Name of Warehouse..................................................................................
2. Details of the warehouse:
i. Complete address of the Warehouse with PIN code Telephoneland line with STD code, Mobile & Fax number ii. Year of construction of the Warehouse iii. Whether Warehouse/Silo is constructed as per BIS/CWC/FCI Standards? If so, please specify.
iv. Whether the warehouse (cols storage) is constructed is as per NHB/ NHM/ SHM/ NCCD/MoFPI/APEDA/State Government ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 41 norms? If so, please specify.
v. Number of godowns or storage units** vi. Total capacity of the warehouse (MT) vii. Dimensions of the godown(s)/ storage units** (length X breadth X height) / (diameter x height in case of bins) in meters viii. Plinth height of the godown(s)/ Storage Units** ix. Whether the Warehouse is Owned/ hired/ leased (attach documentary proof as per the Sixth and First Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 as applicable) x. If hired/ leased, state duration of hiring/ lease xi. Name of the jurisdictional Police Station and distance from the Warehouse xii. Distance from the nearest Fire Station (Name of Fire Station) xiii. Number of entry and exit points for the warehouse and number of Security guards employed.
xiv. Whether the warehouse is bound by a compound wall/barbed wire fencing xv. Details of the Security arrangements. Please provide details of number of security guards deployed xvi. Details of fire safety arrangements ( number & type of fire extinguishers, fire buckets, water arrangements, fire safety alarms and any other measures etc.) (attach a list) xvii. Equipments for weighing goods present in the warehouse (attach a list) xviii. Is a lorry weighbridge available in the warehouse? if so, please state its capacity, make, date of installation and date of last stamping.
xix. If a weighbridge is not available in the warehouse, please state name of the owner & address of the nearby weighbridge to be used for weighment. State its capacity, make, date of last stamping and its distance from the warehouse xx. Equipments for assaying of goods available in the warehouse (attach a list) xxi. Whether all the local laws have been complied with for carrying out the business of warehousing xxii. Please provide details of staff at the Warehouse Name Designation Educational Qualifications Details of experience in warehousing xxiii. Goods stored/ proposed to be stored for which NWRs to be issued xxiv. Details of the Registration fee submitted in favour of Warehousing Development and Regulatory Authority (as per rule 5 and the Third Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017) Amount Rs…..……….
Demand Draft No.… Date.................................
In case of on line payment, UTR /transaction number Name of the Bank…………… * Company/ PSU/ Partnership firm/Cooperative Society/ Society/ Trust /Individual ** Chamber in cold storage, bins in case of Silo 42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] DECLARATION:
1. I/We declare to be authorized representatives of the organization to apply for registration of Warehouse.
2. I/We hereby solemnly declare that I/we or any of the key managerial persons, has not been convicted by a court for any offence at any time in the preceding five years
3. I/We hereby solemnly declare that I/we or any of the key managerial persons, has not been declared an undischarged insolvent by any court
4. I/We hereby solemnly declare that I/we or any of the key managerial persons, has not been declared to be of unsound mind by any court
5. I/We hereby solemnly declare that I/we or any of the affiliates are not assigned, by the Authority to carry out any other function under the Act.
6. I/We hereby solemnly declare that one of the objectives of the entity is to carry out the warehousing business and undertake that all the local laws have been complied with for carrying out the business of warehousing with respect to the warehouse concerned.
7. I/We he r eb y so le mn l y declare that the warehouse specified above is suitable for carrying on the business of warehousing and that it is in good condition and having all the requirements as per rule 20 of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017.
8. I/ We hereby undertake to ensure compliance of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 for disclosure of information (Rule 28) and ensure submission of monthly information on warehouse receipts (Rule 29).
9. I/We agree to abide by the terms and conditions of the registration.
10. I/we undertake that the required amount of Security Deposit will be paid, if the WDRA decides to register the warehouse concerned
11. I/We hereby solemnly declare to extend all cooperation to the Authority or to an external person engaged by the Authority to conduct physical inspections/ any other inspection of the warehouse under my/ our effective control.
12. I/We hereby solemnly declare that all information herein given is true to the best of my /our knowledge and that in case it proves to be untrue; I/We undertake to indemnify person or persons concerned in this business against any loss arising out of such false or untrue information and cancellation of registration.
Signature ………..……… Date:
Place:
Name in full………………… Designation………………… Enclosures: As per application & check list Address………………… Note:- In case of online application for registration:- a) In case of entities other than natural person (individual), Class-III Digital Signature Certificate (DSC) of the authorised representative shall be attached. In case of natural person (individual) Class-III Digital Signature Certificate (DSC) or AADHAR based One Time Password (OTP) verification through AADHAR registered mobile number shall be required.
b) In case of information with respect to serial number xvi, xvii and xx details shall be provided as per the data entry format of the online application for registration ¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 43 Checklist of documents to be attached with the application for registration/ renewal of registration of Warehouse S.
No.
Document attached Attached
1. Application in prescribed form affixing the photograph of individual/authorised representative Yes/ No
2. Applicant's proof of identity as required at Fifth Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 Yes/ No
3. Standard Operating Procedures Yes/ No
4. Document in support of net-worth as required under Rule 18 (5) of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 Yes/ No
5. Copy of Insurance policies as prescribed under Rule 17 of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 Yes/ No
6. Lay out Plan of the warehouse(s) Yes/ No
7. Basic Data Sheet in case of warehouse (cold storage) Yes/ No
8. Proof about technical standards under which warehouse (cold storage) constructed Yes/ No
9. List of equipments for assaying goods Yes/ No
10. List of equipments for weighing goods Yes/ No
11. Fire Safety arrangements Yes/ No
12. If warehouse is owned: Copy of the Records of Rights or registered title deed in respect land on which warehouse concerned is located as per the Sixth Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 Yes/ No
13. Document to demonstrate effective control over the Warehouse, any of the following ( as per the First Schedule of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017):
(i) lease deed or rent agreement, (ii) sub-lease agreement and lease deed indicating that sub leasing is permitted, (iii) revenue sharing agreement, (iv) NOC from Municipal Corporation/ Panchayat/ local body ( as the case may be),
(v) lease agreement from concerned APMC, (vi) copy of allotment letter from State Government .
For each warehouse listed in the application separately.
Yes/ No
14. D.D or copy of Bank transaction slip in support of payment of registration fee Yes/ No
15. Existing/ previous registration Certificate (In case of renewal) Yes/ No The Third Schedule [See rules 4, 13 (4)] Application fees for registration and renewal with the Authority Unit of registration Fee Each warehouse with a capacity of 10,000 Ton or less Rs. 20,000 Each warehouse with a capacity of more than 10,000 Ton but less than or equal to 25,000 Ton Rs. 25,000 Each warehouse with a capacity of more than 25,000 Ton Rs. 30,000 Where the applicant/ warehouseman is a Farmer Producer Organisation or a Co-operative, the fee shall be Rs. 5,000 per warehouse.
44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] The Fourth Schedule [See rules 12 (3) and 13 (2) and (10)] WAREHOUSE REGISTRATION or RENEWAL CERTIFICATE (under section 4 of the Warehousing (Development and Regulation) Act, 2007) Registration number– Valid from — to —-
1. Name of the warehouseman – (Company, Partnership Firm, Society, Trust, Individual, as applicable)
2. Address of the warehouse –
3. Warehouseman Identification Number-
4. Number of godowns/ storage units (if more than one) –
5. Registered capacity of the warehouse –
6. Conditions of registration –
(a) The warehouseman agrees to comply with all the requirements under the Warehousing (Development and Regulation) Act, 2007 and all rules and regulations made thereunder, as well as any guidelines or requirements issued by WDRA from time to time.
(b) Goods for which registration is granted for the purpose of issuing Negotiable Warehouse Receipts–
(i)
(ii)
(iii)
(iv) ....
(c) The certificate of registration is valid from — to — for the aforementioned goods, and only at the location specified in this certificate.
(d) This certificate of registration is granted based on the representation of the warehouseman that the information submitted in the application for registration is true and correct. The certificate may be suspended or cancelled if any information is found to be incorrect or untrue.
(e) The registration shall not be transferable.
(f) The certificate of registration shall be liable to be suspended or cancelled in accordance with the procedure laid out by the Authority for violation of provisions of the Act, rules, regulations, notifications and guidelines/circulars issued by the Authority.
(g) If suspended or cancelled, the Authority shall revoke or demand surrender of the certificate of registration, and the warehouseman shall act in compliance of any requirements specified by the Authority regarding revocation or surrender.
• Signature of Authorised officer – • Seal of the Authority – • Date – • Place – The Fifth Schedule [See rule 15] Proof of identity and address to be submitted along with application for registration The following will be regarded as valid documents to establish the identity and the address of the applicant –
1. If the applicant is a natural person, an attested copy of any one of the documents listed below;
(i) Aadhar card;
(ii) Permanent Account Number (PAN) card (Only as identity proof);
(iii) Driving license;
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 45
(iv) Passport; or
(v) Current passbook of post office/any scheduled bank having photo.
2. If the applicant is a company, an attested copy of its —
(i) certificate of incorporation;
(ii) memorandum of association;
(iii) articles of association; and
(iv) PAN card
3. If the applicant is a partnership firm, an attested copy of both of the following must be submitted:
(i) partnership firm registered deed / statement of the partnership firm/ partnership firm; and
(ii) Registration certificate of the partnership firm.
4. If the applicant is a society, an attested copy of both of the following must be submitted--
(i) Memorandum of association of the society; and
(ii) Registration certificate of the society.
5. If the applicant is a trust, an attested copy of the registered trust deed of the trust must be submitted.
The Sixth Schedule [See rule 15(2) (a)] Documents to demonstrate ownership of warehouse concerned by applicant The applicant must submit the following documents to exhibit ownership over the warehouse concerned.
(a) copy of the record of rights of land on which the warehouse concerned is located; or
(b) if the record of rights is not available, a registered title deed in respect of the land on which the warehouse concerned is located.
The Seventh Schedule [See rule 18 (1) and (2)] Minimum net worth requirements for registration with the Authority Storage capacity (in tons) Net worth (Rupees in crores) Less than 1,000 0.5 1,001 – 5,000 2.5 5,001 – 10,000 5 10,001 – 25,000 10 25,001 – 75,000 20 75,001 – 1,50,000 30 1,50,001 – 5,00,000 50 5,00,001 and above 100 Where the applicant/ warehouseman is a Farmer Producer Organisation or a Co-operative, the net worth should be positive.
46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] The Eighth Schedule [See rule 24 (2)] Documents required for Know Your Depositor Process (A) The following documents serve as proof of identity of the depositor:
(1) if the depositor is an individual, any one of the following proofs of identity belonging to him will suffice:
(a) Aadhar Card;
(b) Permanent Account Number card;
(c) Driving License;
(d) Passport;
(e) Certificate from Gram Panchayat with photo and address;
(f) Certificate of Photo Identity issued by Village Panchayat or its equivalent authority (for rural areas);
(g) Address card with photo issued by Department of Posts, Government of India;
(h) Current passbook of post office/any public sector scheduled bank having photo;
(i) Kisan Passbook having photo; or
(j) Voter Identity Card.
(2) if the depositor is a company, its –
(a) Certificate of incorporation;
(b) a letter authorising the person depositing the goods as acting on behalf of the company; and
(c) proof of identity of person authorised in the letter as per para (A) (1).
(3) If the applicant is a partnership firm, its –
(a) document showing registered address of the partnership firm;
(b) letter authorising the person depositing the goods as acting on behalf of the partnership firm; and
(c)(b) proof of identity of person authorised in the letter as per para (A) (1).
(4) If the applicant is a trust, its –
(a) document showing registered address of the trust;
(b) letter authorising the person depositing the goods as acting on behalf of the trust; and
(c) proof of identity of person authorised in the letter as per para (A) (1).
(5) If the applicant is a society, its –
(a) document showing the registered address of the society;
(b) letter authorising the person depositing the goods as acting on behalf of the society; and
(c) proof of identity of person authorised in the letter as per as per para (A) (1).
(B) Where any document mentioned in this Schedule contains the address of the depositor, it shall also serve as proof of the address of the depositor. In addition, any one of the following documents may be submitted as proof of the depositor's address:-
(a) Post office Account Statement/Passbook;
(b) Bank Statement/Passbook;
(c) Ration Card;
(d) Government Photo Identity cards/service photo identity card issued by Public Sector Undertaking;
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 47
(e) Electricity Bill (not older than three months);
(f) Water Bill (not older than three months);
(g) Telephone (Mobile/ Landline) Bill (not older than three months);
(h) Property Tax Receipt (not older than three months);
(i) Credit Card Statement (not older than three months);
(j) Insurance Policy;
(k) Arms License;
(l) Pensioner Card;
(m) Freedom Fighter Card;
(n) Central Government Health Scheme/ Ex-Servicemen Contributory Health Scheme Card;
(o) Certificate of Address having photo issued by Member of Parliament or Member of Legislative Assembly or Gazetted Officer or Tehsildar on Letter head;
(p) Income Tax Assessment Order;
(q) Vehicle Registration Certificate;
(r) Registered Sale/Lease/Rent Agreement;
(s) Disability Card/handicapped medical certificate issued by the respective State/UT Governments/Administrations;
(t) Gas Connection Bill (not older than three months).
(C) Any other document as proof of identity and address as the Authority may specify from time to time.
(D) If the depositor has previously completed a Know Your Depositor process, the requirements of seeking the information required in this Schedule may be dispensed with.
[F. No. TFC/4/2016] SURESH KUMAR VASHISHTH, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.
2017-03-02T11:14:23+0530 ALOK KUMAR