THE PUNJAB WAREHOUSESACT,1957
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Short title extent & commencement.
Definitions
PUNJAB GOVERNMENT GAZETTE
EXTRAORDINARY
Published by Authority
CHANDIGARH, THURSDAY, FEBRUARY6, 19
58
(RAGHS17, 1879 SAKA)
LEGISLATIVE DEPARTMENT
NOTIFICATION
The 6th February, 1958 No. 3/Leg/58. The following Act of the Legislature of the State
of Punjab received the assent of the President on the 30th Ja nuary,
1959: and is hereby published for general information:
PUNJAB ACT No.2 OF 1958
THE PUNJAB WAREHOUSESACT1957
An ACTto provide for the regulation and licensing of Warehouses in the State of Punjab.
Be it enactedbythe legislature of the State of Punjab in Eighth Year of the Republic of India as follows:
CHAPTER|
PRELIMINARY
1. ' 1) This Act may be called the Punjab WarehousesAct, 1957.
2) It extends to the whole of the State of Punjab.
3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
2. In this Act, unless the context otherwise requires :
a) "Cooperative Society" means a society registered or deemedto be registered under the PunjabCooperative Societies Act, 1954, or the Cooperative Societies Act 1912 as in force in the territories which, immediately before the 1 st November, 1956, comprisedin the State of Patiala and East Punjab States Union;
b) "depositor" means a person who has deposited goods with a warehousemanfor storing and includes any person who lawfully holds the receipt issued by the Warehousemanin respect of such goods and derives
(1)
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Warehouseman Application for grantof licence Condition of licence
9)
h) _
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title thereto by a proper endorsementortransfer theregs to him by the depositor or the depositor's lawfy) transferee;
"goods" means any ofthe articles specified jn the Schedule to this Act; Provided that the Government may, by notification in the official Gazette add to or omit from the Schedule anyarticle.
"Government" means the Government of Punjab'
"Licensed warehouse" means a warehouse licensed underthis Act;
"Person" includes any companyor association or body corporate;
"Receipt" means Warehouse Receipt in the prescribed form issued by a Warehousemanto a person depositing goods in the Warehouse;
"Warehouse" means anybuilding, structure or other protected enclosure which is or may be used for the purpose of storing goods on behalf of depositors but doesnotinclude cloak roomsattachedto hotels,railway stations, the premises of other public carriers, and the like: -
"Warehouseman" means a person who hasobtained licence underthis act in respect of.this warehouse. CHAPTER-II
LICENSING OF WAREHOUSEMAN
3. No person shall carry on the business of a Warehouseman except underlicence granted underthis Act and in accordance with such terms and conditions thereof as may, from time to time be prescribed.
4. 1)
2)
5. 1)
Every application for a licence under section 3 shall be madein the prescribed form to the prescribed authority. The prescribed authority may, on receiving such application and on payment of such fees as may be prescribed, grant a licence.
Before grafting a licence the prescribed authority shall satisfy itself :
(2)
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a
3
Terms of renewal 6. of licence
Notice of refusal to 7. grant or renew
licence.
Suspension and 8. cancellation of
licence.
a) that the warehouseis suitable for proper storage of the class or classes of goodsin respect of which the licence has been applied for;
b) that the applicant is financially sound;
c) that the applicant has paid the fee prescribed for the licence and has also paid or given the prescribed security, if any.
2) The Government may, by notification in the official Gazette, add to oralter the conditions underthis section. Every licence granted under section 4 shall be valid for the prescribed period, and may on application and payment of the prescribed fee, be renewed from time to time by the prescribed authority and for the prescribed period provided the other conditions referred to in section 5 continue to be fulfilled.
If the prescribed authority refuses to grant or renewa 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.
1) Every Licence granted under section 4 or renewed under section 6 shall be liable to be suspended, cancelled or revoked either temporarily or permanently by the prescribed authority for valid reasons stated in writing and in particular if the warehouseman:
a) hasapplied for being declared or been adjudicated as insolvent, or
b) has parted, in whole or in part, with his control over the warehouse,or
c) has ceased to concuct the business of such a warehouse,or
d) had made unreasonable chargesfor the services rendered by him, or
e) has in any other manner become incompetent to conductthe business of such warehouse, or
f) has contravened or failed to comply with any of the conditions of the licence or any of the
(3)
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Notice of suspension & cancellation of licence
Return of licence Duplicate licence Reasonable care of the goods
deposited.
Precautions against damageorinjury of goods.
provisions of this Act or the rules Made thereunder.
2) If a licence is suspended, revoked or cancelled the prescribed authority shall make an entry to that effect in the licence.
Before passing an order for suspension, revocation or cancellation under section 8, the prescribed authority shall give notice to the warehouseman stating the grounds on whichit is proposed to suspend, revokeor cancel his licence and call upon him to show cause why the proposed action should not be taken.
2) After considering the explanation, if any, of the warehouseman, the prescribed authority may pass such order as it deemsjust.
10. When licence expires or is suspended, revoked or cancelled, the warehousemanshall cease to work as such andshall return the licence to the prescribed authority, who shall give reasonable time to the warehousemanto enable him to wind up the business or, who may acquire the businessin the manner as prescribed.
11.1) Where a licence granted to a warehousemanis lost, destroyed, torn, defaced or otherwise becomesillegible, the prescribed authority shall issue a duplicate licence on the application of the warehouseman and on paymentofthe prescribed fee. 11.2) When a duplicate licenceis issued, it shall be clearly stamped Duplicate" and shall be marked with the date of issue of the duplicate andthat of the original from the record ofthe office issuing the licence.
CHAPTERIII
DUTIES OF A WAREHOUSEMAN
Every Warehouseman shall take such care of the goods renee with him as a man of ordinary prudence would take Or hls own goods undersimilar circumstances and conditions.
13.
1) Every warehousemanshall keep his warehouse clean and free from damp,takeall necessary precautions
(4)
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Preservation of identity of goods. Goods deteriorating in warehouse and their disposal.
14.
15.
against rats and other pests, and fulfil such conditions as may be prescribed.
2) No warehousemanshall accept such goodsfor deposit as are likely to cause damage to other goods which are, or may be deposited, in the warehouse. Every warehousemanshall keep the goods of one depositor separate from the goods of other depositors and from other goodsof the same depositor for which a separate receipt has been issued, in such a manneras to permit at all times the identification and delivery of the goods deposited:
Provided that where standardised and graded goodsare stored in a warehouse,then, subject to any agreement between the warehouseman and a depositor, the same variety of goods belonging to different depositors may be stored together and each depositor shall be entitled only to his portion of the goods according to weight or quantity, as the case may be, as shown in his receipt.
1)
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Whenever goods deposited in a warehouse begin to deteriorate from causes beyond the control of the warehouseman,he shall forthwith give notice of such fact to the depositor, requiring him to take delivery of the goods immediately, after surrendering the receipt duly discharged and paying all charges due to the warehouseman.
Explanation :- Loss of weight or bulk by shrinkage or driage or gain in weight or bulk by absorption of moisture shall be deemed to amount to deterioration within the meaning of this subsection, if the loss or gain exceeds such limits as may be prescribed.
2)
—
If the depositor does not, within a reasonable time as prescribed, comply with a notice given to him under subsection (1), the warehouseman: may cause the goods to be removed from the warehouse and sold by public auction on such condition as may be prescribed at the cost and risk of the depositor.
3) Any person having aninterest in any goods deposited in a warehouseorin the receipt for such goods may inform the warehousemanin writingof the fact 'and nature of his interest and the warehousemanshall keep a record there of; and if such person requests in writing that intimation be given to him regardingthe condition ie
(5)
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La Delivery of goods. Lability of
warehousemanfor shortage or excess in goods stored. Insurance of
goodsin
warehouses.
16.
17.
18.
3)
4)
1)
of the goods and agrees to pay the chargesforgiving such intimation, the warehousemanshall give him intimation accordingly.
Every warehouseman,in the absenceof any reasonable excuse, shall, without unnecessary delay, deliver the goods deposited in his warehouseto the depositor on demand madeby him and surrenderof the receipt duly discharged and paymentof all charges due to the warehouseman.
Subject to any agreement between the warehouseman and the depositor, the depositor may take partial delivery of the goods deposited in a warehouse.
For the purpose of sub-section (1) of section 15 and of section 16, loss of weight or bulk by driage or shrinkage within prescribed limits and gainweightabsorption of moisture within such limits shall not be deemed to amount to deterioration.
. . : ' If there is any excessin the goods stored in warehouse \ v 'by absorption of moisture or other cause theD warehousemanshall not be entitled thereto. If there is any shortagein the goods stored in a warehouse ™~
by driage or other causes beyond his control, the ware houseman shall not be responsible there-for. In the event of a dispute arising as to whether such shortage or excees is due to driage or absorption of moisture or is due to other causes beyond the control of the warehouseman, the matter shall be referred to the appellate authority referred to in section 29 whose decision thereon shall be final and binding. Every warehousemanshall insure goods storedin his warehouse against such risks, and in such manner a may be prescribed:
Provided that a depositor may at his own cost insure his goods against otherrisks.
Provided further that nothing contained in this sub- section shall apply to the goods deposited in a warehousebelonging to a WarehousingCorporation established under the Warehousing Corporations Act, 1962 (Parliament Act 58 of 1962)where such
(6)
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Discrimination prohibited Warehousemannot to dealin or lend against goods In warehouse Accounts etc. to be maintained
Inspection.
Weighers, samplers and Graders to obiain licences
19.
20.
21.
22.
23.
Warehousing Corporation has agreed, in the prescribed manner to compensate the depositor against loss or damagearising from the prescribedrisks.
2) Every warehousemanshall be entitled to recover from the depositor at the rate prescribed the charges for insurance in respect of the depositor's goods before delivery thereof, and where a Warehousing Corporation established under the Warehousing Corporations Act, 1962 (Parliament Act 58 of 1962), has agreed to compensate the depositor under the second proviso to sub-section (1), such corporation shall be entitled to recover from the depositor such additional charges as it may decide, not exceeding the tariff rate of the insurance premia, for the risk which it has agreed to compensate.
No warehousemanshall, in the conduct of his business, discriminate between personsdesiring to avail themselves of the facilities of his warehouse:
Provided that the warehouseman shall show preference to co-operative societies in the State and allow them such concessional rates as may be prescribed.
Notwithstanding anything contained in any other law for the time being in force, no warehousemanother than Cooperative Society shall either on his own accountor that of other, deal in, or lend money on goodsreceived by him for deposit in his warehouse.
A warehousemanshall maintain account books, and records in such form and manner as maybe prescribed.
CHAPTER IV
INSPECTION AND GRADING OF GOODS
The prescribed authority may, at any time during business hours, inspect or examine or cause to be inspected or examined any licensed warehouse, its machinery and equipment, goods deposited therein, and the account books and recordsrelating thereto, for the purposeofsatisfyingitself that the requirements of this Act and the rules made thereunder are being complied with.
(1) The prescribed authority may, on application made in the prescribed mannerand on paymentof the prescribed
(7)
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fee, issue licences to persons possessing the prescribed qualification entitling them to act as weighers, samplers and graders of any goods deposited or to be deposited in a licensed warehouse and to issuecertificates as to weight, bulk, quality or grade of the goods which they have examined.
(2) The prescribed authority may appoint a Board of Arbitrators whose decision on any complaint against weighers, samplers and classifiers or Warehouse man relating to weight, quality or grade' of the goodsstored in the warehouseshall be final. The certificates issued by weighers, samplers and classifiers as to Weight, quality grade of the goods in the warehouse shall be binding on the warehousemanandthe depositor subject to any order in appeal preferred by them in the Board of Arbitrators.
(3) No person whois notlicensed underthis section shall act, or hold himself out, as a weigher, sampleror grader. Provision regarding 24. (1) | Every license granted to a weigher, sampler or gradersuch licenses. underSection 23 shall be valid for the prescribed period
and may, on application and paymentof the prescribed
fee, be renewed from time to time for the prescribed
period by prescribed authority.
(2) The prescribed authority may cancel-any suchlicence after communicating to the licensee the grounds on whichit is proposed to take action and giving him a reasonable opportunity of showing cause why the proposed action should not be taken.
(3) The prescribed authority may suspend any suchlicence without such notice after recording in writing its reasons therefor.
(4) The holder of any such licence Shall, on the expiry thereof or the receipt of an order suspending or cancelling it, return the licence to the prescribed authority.
Facilities to be 25. Every warehousemanshall given for weight of sampling and gradin provide facilities for weighing,
goods etc. in his warehouse.
g any goods deposited or to be deposited
(8)
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Receipt to be 26 issued.
Receipt for 27. deposits in
warehouses.
Duplicate Receipt. 28. Appeals against 29. certain orders of prescribed
authority.
No compensation 30. for suspension or Cancellation of
licence.
Contracts and 31 agreements
inconsistent with the Act to be void.
Penalty & procedure. 32. ||
CHAPTER V SLT
WAREHOUSERECEIPT
. For the goods deposited in his Warehouse by each depositor, the warehousemanshall issue a receipt which shall contain full particulars of the goods and bein the prescribed form. The receipt issued by a warehouse manshall, unlessit is | otherwise specified thereon, be transferable by endorsement and shall entitle its lawful holder to receive the goods specified in iton the sametermsand conditions as the original depositor. Explanation :- The provision of this section shall not apply to any receipt issued by a person whohasnotobtaineda licence underthis Act.
If a receipt is lost, destroyed or damaged, the Warehouseman shall on application by the depositor and payment by him of the prescribed fee, issue a duplicate receipt on such conditions as he maythinkfit to impose, being conditions included in the rules made underthis Act.
CHAPTER-VI
MISCELLANEOUS
(1) An appeal against any order of the prescribed authority refusing to grant or renew a licence or suspending, revoking or cancelling any such licence in respect of a warehousemanshall be made to such authority and within such time as may be prescribed.
(2) The decision of such appellate authority on such appeal shall be final.
Whereanylicence is suspended, revoked or cancelled under this Act, the licensee shall not be entitled to any compensation therefore, nor shall he be entitled to refund of any fee paid by him for the licence.
. Every contract or agreement whichis inconsistent with the provisions of this Act or rules made thereunder shall to the extent of such inconsistency, be void.
(1) Whoever:
a) acts or holds himself out, as a licensed Warehouseman without having obtained a licence under this Act, or.
b) Knowingly contravenesorfails tocomplywith any of
(9)
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the provisions or requirements of this Act or the rules made thereundershall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupeesorwith both.
(2) Where a person committing an offence under subsection
(1) is a company or an association or a body of persons whether incorporated or not, the manager, secretary, agentor other principal officer, managing the affairs of such company, association or body shall be deemed to be guilty of such offence.
33. The prescribed authority would be entitled to forfeit the security of the warehouseman, in case the warehousemanfails to return the goods deposited within the reasonable time as provided under section 10 and 16 of the Act and theforfeited security may be usedin full or part paymentof the damages or losses incurred by the depositor on accountof such failure of the warehousesman.
Powers to make 34. (1)
The Government may, by notification, make rules torules. carry out the purposesof this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for :-
a) the matters expressly required or allowed by this act to be prescribed:
b) the form oflicence granted to warehouseman;
c) the publication of the grant, suspension, revocation or cancellation of licences to warehousemen and of consolidatedlists of warehousemenandlicensed warehouses;
d) the charges to be levied by warehousemenfor their services;
The books, accounts, records to be maintained by warehousemen:
f) the conduct of public auctionsfor the sale of goods deteriorating or about to deteriorate in licensedwarehousesandthe mannerin whichthe proceedsof such sales:shall be accountedfor:
a
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g) the scales of losses and gains of weight or bulk which may be sustained by goods owing to shrinkage of driage in the one case and owing to absorption of moisture in the other;
h) the disinfestation of licensed warehousesand the disinfestation of goods stored therein ;
i) the circumstances in which any security or bond furnished by a warehouseman maybeforfeited and the mannerin which any sum falling due as a result of such forfeiture may be recovered.-
j) The efficient conduct generally of the business of warehouseman;
k) The qualification to be possessed by person applying for the grant of licenses as weighers, samplersor graders, the conditions to be inserted in their licences; the form ofcertificates to be - issued by them and the grounds for which the licences may be suspendedor cancelled ;
1) The standard weights, measures and gradations of goods to be usedin licensed warehouses;
m) the authority to which and the time within which an appeal under section 29 should be made;
n) the mannerof giving notices underthis Act.
(3) The power to make rules under this section shall be ' subject to the conditions of previous publication and the rules shall be laid before both Houses of the State Legislature as soon as may beafter they are made. Note :- The amendments made sofare i.e. up to 1st Feb., 73 as indicated below here have also been includedin the Act:
1. The Punjab Warehouses (Amendment) Act, 1961, regarding Section 28. ,
2. The Punjab Warehouses (Amendment) Act, 1965, regarding Section 18. .
(11)
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Extract from the Punjab Government Gazettee
(Extraordinary), dated the 29th Marc h, 1968.
AGRICULTURE DEPARTMENT
NOTIFICATION
The 28th March, 1968 No. 1908-Agr. VIII-68/1078- In pursuance of the proviso to section 2 (c) of the
Punjab WarehousesAct, 1957 an
on the subject, the Governor of Punjab is p shall stand included in the Schedule to the said, Act :—
1. FOODGRAIN
Wheat
Maize
Gram
Barley
Oats
Rice
* Bajra Flour Bengali Gram Red Gram
Jawar
Paddy
Sorghum
Millet
Wheat Flour.
4. OIL SEDS
Sarson
Toria
Groundnuts (Pods & Kernels) Til
Linseed Cotton Cotton Seed
2. FOOD PRODUCTS
Rice Bran
Wheat Bran
Sooji
Maida and
Rolled Wheat
5. FODDER
Senjee
Metha
Barseen Chatala Chari
Guwara
(12)
d in partial modification of the previous notifications, leased to direct that the following articles
3. PULSES & THEIR
PRODUCTS
Mung
Mash
Moth
Masur
Kulth
Peas
Beans
Arher/tur Dal
Besan and Lentils
6. VEGETABLES
Patoto
Tomato
Onions, and Chillies. en7.9
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Castor Seed Nigar Seed Sunflower Copra
Rape and Taramira.
7. SPICES
Turmeric Coriander Ginger
Pepper
Fenurgree (Methi) Cumin
Aniseed
Cardamon, and Celery
10. OILS AND FATS
Hydro generated Vegetable Oil (Vanaspati Ghee) Groundnut Oil
Castor Oil
Bleeched Palm LeafOil CoconutOil
Maize Oil
MahuwaOil
Lemon GrassOil
Vativari Oil
Marroti Oil
Desi Ghee
Soya Bean Salad Oil
8. FIBRES
Palm Fibres Jute
Coir &
Coir Products and Wool
11. OTHER
Gur
Shakar
Sunn hemp Taramind Poha
Chara (a preparation of rice)
Tea
Coffee and Coffee Seed Rubber
Arecantus
Coconuts
Forest Products
Agricultural Implements Scapnut
Tabacco
(13)
9. MANURES AND
FERTILIZERS
Oil Cakes Ammonium Sulphate Calcium Amonium Nitrate Nitro Phosphate
Super-Phosphate
Urea
Ammonium phosphate Hyper Phosphate
Fertilzer Mixture Ammonium Chloride Bone Meal.
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Khandsari Milk Powder Cornmeal Supari
Nehwaseed Cheory and cheory powder. Seeyak Kai
Lac
Penals
Battons
Fish Meal
Arrow root powder
Rabb Kalsi
Amchoor
Sago
Cement
Course and fine Cloth Silk
' Blankets
Paper
Leather
Iron & Steel &
Tapioca.
Sd/
S.S. Grewal
Development Commissioner, and Secretary to Government, Punjab, Agriculture Department.
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