(PRESIDEMT's AcT 2 roF 1960)

1960 · State unknown · central · act_text

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Sections (38)

2 · Definitions.-In this Act, unkss the context otherwise requires,-

3 · Warehouseman.-No person shall carry on the business of a warehouseman exce}.Jt under a hcence granted under this Act and in accordance such terms and conditions as may, from time to time, be

4 · Grant of ltcence. {1) Apphcation for a hcence shall be made m the prescribed form to the prescribed authority.

5 · Conditions for licence.-Before granting a licence, the pr,scribed authority shall ~ itself.-

6 · Term and renewal of licence. Every hcence granter! under section 4 shall be valld for the prescribed penod, and may, on apphcatwn and payment of the prescnbed fee, be renewed from time w time by the prescribed authonty and for the prescribed penod, provided the other conditions referred to m section 5 continue to be fulfilled.

7 · Nat ice of refUBal to grant or renew licence.-If the pres· cribed authority refuses to grant or renew a licence under the foregomg prov1sions, it shall record reasons for such refusal in writing and forward a copy ot its order to the apphcant.

8 · Suc;pension or cancellation of licence.-(l)Every licence granted under section 4 or renewed under section G may be suspended or cancelled by the prescribed authority.-

9 · Notice before suspension or canceUatton of Zicence.-(1) Before Issumg an order of suspension, cancellation or forfeiLure of security under section 8, the prescnbed authority shall give notice to the warehouseman statmg the grounds on which it is proposed to do so and callmg upon him to sho.v cause why such action should noL be taken·

10 · Return of hcence.-When a lxcence expires, or is suspended or cancelled, the warehouseman shall cease to work as such and shall return the licence to the prescribed authority, who shall giVe reasonable time to the warehouseman to enable him to wind up the

11 · Dupltcate licence.- (1) Where a licence granted to a warehouseman is lost, destroyed or torn or defaced or otherwise becomes illegible, the prescribed authority shall Issue a du}.Jhcate licence in lhe manner prescnbed on the apphcation of the warehouseman and on payment of the prescribed fee.

12 · Reasonable · caTe of the goods dep?a,ted.-Every warehouseman shal take such care of the goods deposited with him as a man of ordinary prudence would take of his own .goods under similar Circums:ances and conditions,

13 · Precautions against damage or in;u.,·y 'Lo 'g,ods,_.(l) Every warehouseman shall keep his ·warehouse clean and free {rom damp. 'take all necessary precautions .agamst rats and other pests, and fulfil such other conditiOns as may be prescribed ...

15 · Wanhou-;eman to "faciUties for the ·depositor to ,nspect.-Every warehouseman shaH allow necessary facihties for the depositor to mspect and satisfy h1mself that h1s goods are properly cared for.

16 · Goods deteriorating tn warehouse and their disposal-(1) Whenever goods depos1ted m a warehouse detenorate, or are about to deteriorate from causes beyond the control of the warehouseman, he shall forthwith, give nouce of such deterioration by reg1stercd posf. to the depos1tor, requiring h1m to take delivery of the goo :is immediately, after surrendering' the receipt duly d1scharged and paymg all charges due to the warehouseman.

17 · Delivery of goods.-(1) Every warehouse-nan, in the absence of reasonable excuse, without unnecessary delay, deliver the goods depos1ted m his warehouse to the depositor on demand made by him and on surrender of the receipt nuly discharged and on payment ot all charges due to the warehouseman.

18 · Liability of warehouseman for shortage or excess in goods stored.-(1) If there is any excess in the goods stored in a warehouse by absorption of moisture or other causes, the Wclreshall not be entitled thereto.

19 · Insurance of goods in warehouses.-(!) Every warehouseman shall insure the guods stored in his warehouse against such risks and in such manner as may be prescribed:

20 · Discrimination prohibited.-No warehouseman shall, in the conduct of hb busmess, discri ninate between oersons desiring to avail themselves of the facilities of h1s wareh,>use:

21 · Warehouseman not to deal in or lend agai1~st good~ i in warehouse.-Notwithstanding anything contained in any other law, no warehouseman other than a co-operative society, shall either on its own account or that of others, deal m, or lend money on, goods receiveJ by him for depo5it m his warehouse.

22 · Accounts, etc., to be maintained.-A warehouseman shall maintain accounts, books and records in such form and manner as may be prescribed.

23 · Inspection.-The prescribed authority may, at any time durmg business hours, mspect or examine or cause to be inspected or examined, any hcensed warehouse, its machinery and equipment, goods deposited therein, and the accounts, books and records relating thereto for the purpose of satisfymg that the requirements of this Act and the rule::. are being comphed . v.ith.

24 · Weighers, samplers and graders to obtain licences.-(1) The lJrescrlbed author tty may, on application made in the pre· scr1bed manner and on payment of the fee, issue licences to persons possessing the prescr1beu qualifications, entitling them to act as weighers, samplers, or 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·

25 · Provisions regarding such licences.-(1) Every licence granted to a weigher, sampler or grader under section 24 shall be \'ahd for the prescr1bed pertod and may, on application, and payment of the prescribed fee, be rene.ved from time to time for the prescr1bed period by the prescribed authority.

26 · Facilities to be given tor weighing goods. etc.-Every warehouseman shall provide facthties for wetghmg, sampling and grading any goods deposited in his warehouse.

27 · Receipt to be issued.-For the goods deposited in his warehouse by each depositor, the warehouseman shall issue a receipt which shall contain full particulars of the goods and shall be 111 the prescr1bed fo1·m.

28 · Receipts for deposits in warehouses.-The receipt issued by a warehouseman shall, unless it is otherwise specified

29 · Duplicate receipt.-!£ a receipt is lost, destroyed or damaged, the warehouseman shall, on application by the depositor and on payment by him of the prescribed fee, issue a duplicate receipt on such conditions as he. may thmk fit to

30 · Appeals against certain orders of prescribed authority.(1) An appeal against any order of the prescribed authority refusing to grant or renew a hcence or suspending or cancelling any licence or forfeiting the security, if any, furmshed by a warehouseman shall be made to such authority and w1thin such bme as may be prescribed.

31 · Arbitration.-Where under this Act any matter is required to be deternnned by arbitration, the matter shall be determined by a board of arbitrators consisting of three members of \\-hom one each shall be nommated by the two parties concerned and the th1rd by the Government or such other authority as may be empowered in this behalf by the Government. In all other respects, the arbitration shall be subJect to the provisions of the Arbitration Act, 1940 (10 of 1940).

32 · No compensation for suspension or cancellation of licence.-Where any licence is suspended or cancelled under this Act, the licensee shall not be entitled to any compeno;atJon therefor nor shall he be entitled to the refund of any fee pa1d by him for the licence.

33 · Government may help to start warehouses.-The Government may offer any aid to the establishment of warehouses uncler this Act, by way of. grant or lease of land, or of subs1dy towards the cost of construction 1·r by guarantee of a reasonable return on the capital inve!.ted, or in any other manner, and on such terms and conditions as may appear to the Government suitable in the circumstances of any particular case.

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

35 · Penalty and procedure.-Whoever-

36 · Offences by companies.-(1) If the person committing an offence under s ction 35 1s a company, every person who, at the time the · ffence committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company. shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordmgly:

37 · Power to amend Schedule.-(1) The Government may by noti 1cation in the Gazette, arne 1d the Schedule by a ddmg any article to, or omitting any article from, the Schedule.

38 · RuLes.- (1) The Government may, by notification in the Gazette, make rules to carry out the purposes of thts Act.

39 · Power to ezempt.-The Government may, by notification in the Gazette, for reasons to be recorded, exempt any person or class of persons from all or any of the provisions of this Act.

40 · Act not to apply to certain warehouses.-Nothing contained m this Act shall apply to any warehouse established or

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