THE UTTAR PRADESH WAREHOUSE ACT, 1958

2 · [Whereas it is expedient to encourage scientific and hygienic storage of goods in warehouses and to safeguard the interest of the depositors of such goods and to make provision for proper supervision and control of warehouses.]

2 · In this Act unless there is anything repugnant in the subject or context -

1 · . For Statement of Objects and Reasons, see Uttar Pradesh Gazette Extraordinary, dated July 9, 1958. 2 .

1 · [(c) "goods" means agricultural produce as defined in clause (a) of section 2 of the Warehousing Corporations Act, 1962 and such other articles as may be prescribed ;]

2 · [(i) "warehouse" means any building, structure or other protected enclosure used for the purpose of warehousing ;]

3 · [(j) "warehouseman" means a person carrying on the business of warehousing and includes any person incharge of that business ;]

4 · [(jj) "warehousing" means the business of storing goods on behalf of depositors for preservation or safe custody; and]

5 · [3. With effect from such date as may be notified by the State Government in the official Gazette, no person shall undertake or continue warehousing, except under and in accordance with the terms of a licence granted under this Act.]

6 · [4. (1) Every application for a licence shall be made in the prescribed form to the licensing authority and shall be accompanied by the prescribed fee and security:

1 · . Subs. by sec. 3 (1) of U.P. Act no. XII of 1964.

2 · . Subs. by sec. 3(2) ibid.

3 · . Subs. by sec. 3(3) ibid.

4 · . Subs. by sec. 3(4) ibid.

5 · . Subs. by sec. 4 of ibid.

6 · . Subs. by sec. 5 of ibid.

5 · The State Government may, by notification in the official Gazette, add to or alter the conditions under which a licence is granted to a warehouseman under section 4.

6 · A licence granted under section shall be valid for such period, as may be prescribed, and may, on application made by the warehouseman and upon payment of the prescribed fees, be renewed, from time to time, by the licensing authority for such further period as may be prescribed:

2 · [7. (1) Before the licensing authority refuses an application for licence or for the renewal of a licence, it shall allow the applicant an opportunity of being heard.

8 · Every licence shall be liable to be suspended or cancelled either temporarily or permanently by the licensing authority, if in its opinion the licensee has–

1 · . Subs. by sec. 5 of U.P. Act no. XII of 1964.

2 · . Subs. by sec. 6 ibid.

3 · . Deleted by sec. 7 ibid.

1 · [9. (1) When a licence expires or is suspended or cancelled, the warehouseman shall cease to carry on warehousing, except for winding up the affairs of that business within such period as may be prescribed. The warehouseman shall within ninety days of the expiry of the licence or its suspension of cancellation, as the case my be, return the licence to the licensing authority.

1 · [Explanation-Loss of weight or bulk by driage or shrinkage or gain of weight or bulk by absorption of moisture shall be deemed to amount to deterioration within the meaning of this section if the loss or gain exceeds such limits as the licensing authority may, from time to time, having regard to the climatic conditions of different areas, fix by notification published in the official Gazette.]

3 · [(3) Where only partial delivery of the goods is taken by a depositor, the warehouseman shall make an entry of it in the receipt and return it to the depositor.]

1 · . Subs. by sec. 9 of U.P. Act no. XII of 1964.

2 · . Ins.. by sec. 10(1) ibid .

3 · . Subs. by sec. 19(2) ibid.

18 · (1) The warehouseman shall be liable to pay compensation determined in the manner prescribed to the depositor for any loss sustained by him by reason of the goods having lost weight or bulk in excess of the 1 [limits fixed by the licensing authority] owing to shrinkage or driage or by reason of deterioration in the quality of the goods owing to their having gained weight or bulk in excess. of the 1 [limits fixed by the licensing authority] by the absorption of moisture.

2 · [(2) Any dispute arising as to whether loss or gain in weight or bulk in excess of the limit fixed by the licensing authority is due to driage or absorption of moisture or is due to other causes beyond the control of the warehouseman, shall be referred to the licensing authority and such dispute shall, unless the parties express in writing their desire to refer it to the Board of Arbitrators appointed under section 29, when it shall be so referred, be decided by the licensing authority and the decision of the Licensing Authority shall be d and binding on the parties.]

3 · [19. Every warehouseman shall insure the goods stored in his warehouse in such manner and against such events as may be prescribed:

20 · No warehouseman shall, in the conduct of his business, discriminate between persons desiring to avail themselves of the facilities of his warehouse:

4 · [21. (1) No warehouseman shall either on his own account or that of others including the owner of the goods, deal in, or lend money on, goods received by him for deposit in his warehouse, anything to the contrary contained in any other law notwithstanding.

1 · . Subs. by sec. 11(1) of U.P. Act no. XII of 1964.

2 · . Subs. by sec. 11(2) ibid.

3 · . Subs. by sec. 12 ibid.

4 · . Subs. by sec. 13 ibid.

1 · [27. Whenever alloence granted to a weigher, sampler or classifiers expires or is suspended or cancelled, the licensee shall return the licence to the licensing authority and if he fails to do so the whole or 2[any part of his security shall be liable to be forfeited at the discretion of the licensing authority.]

3 · [27-A. Where a licence granted to a weigher, sample or classifier is lost, destroyed, torn, defaced, or otherwise becomes illegible, the licensing authority shall, in the prescribed mermer and on payment of the prescribed fee, issue a duplicate licence.]

1 · . Subs. by sec. 14 of U.P. Act no. XII of 1964.

2 · . Subs. by sec. 15 ibid.

3 · . Add. by sec. 16 ibid.

1 · [29. (1) The licensing authority may, in the manner prescribed, constitute a Board of Arbitrators to decide any dispute referred to under sub -section (2) of section 18 or any complaint against any weigher, samples, classifier or warehousemen releting either to the quality, weight or grade of goods stored in a warehouse or to the description thereof in the receipt.

1 · . Subs. by sec. 17 of U.P. Act no. XII of 1964.

2 · . Subs. by sec. 18 ibid.

3 · . Subs. by sec. 19 ibid.

36 · Every contract or agreement, which is inconsistent with the provisions of this Act, or rules, shall, to the extent of such inconsistency, be void.

37 · 1[(1) Whoever-

1 · . Subs. by sec. 20 of U.P. Act no. XII of 1964.

2 · . Add. by sec. 21 ibid.

3 · . Add by sec. 22(1) ibid.

1878 · Act VIII of

1 · [(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for a total period of not less than fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect, from the date of their publication in the official Gazette, subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done thereunder.]

2 · [39. The provisions of this Act , shall not apply to any warehouse licensed under the provisions of Central Excises and Salt Act, 1944, Sea Customs Act, 1878, or the Inland Bonded Warehouses Act, 1896 or the rules made thereunder.