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The Gujarat Warehouses Act, 2006

Gujarat · state statute
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1
 
 
GUJARAT ACT NO.   15   OF 2006 . 
 
 
THE GUJARAT WAREHOUSES ACT, 2006 . 
 
 
CONTENTS 
 
SECTIONS 
  Page No 
   
 CHAPTER 1  
 PRELIMINARY  
   
1. Short title and extent. 1 
2. Definitions. 2 
   
 CHAPTER 1I  
 LICENSING OF BUSINESS OF WAREHOUSING  
   
3. Prohibition of carrying on business of warehousing without 
licence. 
3 
4. Applications for, and grant of licences.  3 
5. Terms and conditions for grant of licence. 3 
6. Duration and renewal of licence granted under section 4. 3 
7. Notice of refusal to grant or renew licence. 4 
8. Licence when to be revoked. 4 
9. Notice to be given before revocation of licence, and 
suspension of licence. 
4  
10. Appeals and revision.  4 
11. Return of licence.  5 
12. Duplicate licence. 5  
 CHAPTER  III 
DUTIES OF A WAREHOUSEMAN 
 
 
13. Reasonable care of goods stored. 5 
14. Precautions against damage or injury to goods. 5 
15. Preservation of identity of goods. 6 
16. Goods deteriorating in warehouse and their disposal. 6 
17. Delivery of goods. 6 
18. Warehouseman not entitled to excess nor responsible for 
shortage of goods. 
6 
19. Accounts, books, etc. to be maintained by warehouseman. 7 
20. Insurance of goods in warehouses. 7 
21. Discrimination prohibited. 7 
 
 
2
 
 
22. Warehouseman, other than co-operative society, etc. not to 
lend money against goods in warehouse. 
7 
  
 
 
 
 CHAPTER  IV 
INSPECTION AND GRADING OF GOODS 
 
 
23 Inspection. 8 
24 Licensed weighers, samplers and graders. 8 
25 Duration and renewal of licence granted under section 24. 8 
26 Suspension or revocation of licences. 8 
27 Return of licences. 8 
28. Prohibition of unlicensed weighers, samplers and graders. 8 
29. Duplicate licence. 9 
30. Facilities for weighting, sampling and grading. 9 
   
 CHAPTER  V 
INSPECTION AND GRADING OF GOODS 
 
 
31 Issue of receipt. 9 
32. Receipt transferable by endorsement. 9 
33. Duplicate receipt. 9 
   
 CHAPTER  VI 
MISCELLANEOUS  
 
34. Security amount to be forfeited and recovered as arrears of 
land revenue. 
9 
35. Penalty. 10 
36. No compensation for suspension or cancellation of licence. 10 
37. Contracts and agreements inconsistent with Act to be void. 11 
38. Power of State Government to delegate its powers. 11 
39. Power of State Government to amend Schedule. 11 
40. Power of State Government to exempt warehouses. 11 
41. Power to make rules. 11 
42. Repeal and savings. 13 
43. Act not to apply to warehouses under Customs Act, 1962, 
etc. 
13 
 SCHEDULE 14 
 
 
 
 
 
 
 
 
 
 
 
 
 
3
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following Act of the Gujarat Legislature, having been assented 
to by the Governor on the 31 st  March, 2006 is hereby published for 
general information. 
                S.S.PARMAR, 
  Secretary to the Government of Gujarat, 
         Legislative and Parliamentary Affairs Department.  
 
GUJARAT  ACT  NO.  15  OF 2006. 
 
(First published after having received the assent of the Governor in 
the “ Gujarat Government Gazette ”, on the 31 st  March, 2006).  
 
AN ACT  
 
to provide for the  regulation of the Warehousing of certain goods 
 in the State of Gujarat. 
 
 
It is hereby enacted in the Fifty-seventh Year of the Republic of India as 
follows:- 
 
CHAPTER    I 
PRELIMINARY 
 
1.  (1) This Act may be called the Gujarat Warehouses Act, 2006. 
 
 (2) It extends to the whole of the State of Gujarat. 
Short title 
and extent. 
 
 
 
4
 
 
 
 
 
2.    (1) In this Act, unless the context otherwise requires - 
 
 
(a) "co-operative society" means a society registered or deemed to be 
registered under the provisions of the Gujarat Co-operative Societies 
Act, 1961 or any corresponding law in force in any part of the State of 
Gujarat; 
 
(b) “depositor" means a person who deposits goods with a warehouseman 
for storing in his warehouse, and includes any  person  who  lawfully  
holds  the  receipt  issued  by  the warehouseman in respect of the 
goods and derives title thereto by endorsement or transfer from the 
depositor or his lawful transferee; 
 
(c) "goods" means any of the articles specified in the Schedule appended 
to this Act; 
 
(d)  "licence" means a licence granted under section 4, or renewed under 
section  6; 
 
(e) "person" includes a firm and any company or association or body of 
individuals, whether incorporated or not; 
 
(f) "prescribed" means prescribed by rules; 
 
(g)  "prescribed authority" means the authority empowered by the State 
Government to carry out the duties under this Act; 
 
(h)  "receipt" means a warehouse receipt, issued in the prescribed form, by 
a warehouseman to a depositor depositing goods in a warehouse; 
 
(i)  "rules" means rules made or deemed to have been made under this 
Act; 
 
(j) "warehouse" means any building, structure or other protected 
enclosure which is used or may be used for the purpose of storing 
goods on behalf of depositors, but does not include cloak rooms 
attached to hotels, railway stations, the premises of other public 
carriers and the like; 
 
(k) “warehouseman” means a person who has obtained a licence under 
this Act for the purpose of carrying on his business of warehousing. 
 
Definitions. 
Guj. X of 
1962. 
 
 
 
 
 
5
 
 
 
CHAPTER     II 
LICENSING OF BUSINESS OF WAREHOUSING 
 
3.  Subject to the provisions of section 11, no person shall carry on the 
business of warehousing, or represent or hold himself out as carrying on the 
business of warehousing, except under and in accordance with the terms and 
conditions of a licence granted under this Act. 
 
4.  (1) A person may make an application to the prescribed authority for 
the grant of licence for carrying on the business of warehousing. 
 
(2)  Every application made under sub-section (1) shall be in such 
form, contain such particulars and accompanied by such fees, as may be 
prescribed. 
 
(3) On receipt of such application, the prescribed authority may, on 
payment of the prescribed fee, grant a licence to such person for the conduct of 
his business of warehousing in accordance with the terms and conditions of the 
licence, and the provisions of this Act and the rules made thereunder. 
 
5.  Before granting a licence, the prescribed authority shall satisfy itself - 
 
(a) that the warehouses in which it is proposed to store goods are 
suitable for storing the particular goods, or the class or classes of 
goods which it is intended to store therein; 
 
(b)  that the applicant is competent to conduct such warehouses; 
 
(c) that the applicant furnishes to the prescribed authority such 
security, in such manner, as may be prescribed: 
 
Provided that where the applicant is a corporation 
established under the Warehousing Corporations Act, 1962, or the 
National Co-operative Development Corporation Act, 1962, no 
such security shall be required; 
  
(d)  that the applicant fulfills other conditions which the State 
Government may, by notification in the Official Gazette , specify in 
this behalf; and 
 
(e)  that there is no other cause or reason for which the applicant may, 
in the opinion of the prescribed authority, be deemed to be 
disqualified for a licence. 
 
Prohibition of 
carrying on 
business of 
warehousing 
without license. 
Application 
for and 
grant of 
licence. 
 
Terms and 
conditions for  
grant of 
licence. 
 
Duration and 
renewal of 
licence 
granted under 
section 4. 
 
58 of 1962. 
26 of 1962. 
 
 
 
6
 
 
6.  (1) Every licence granted under section 4 shall be valid for such period 
as may be prescribed. 
 
 (2) A licence may be renewed on an application made by the 
warehouseman in that behalf to the prescribed authority in such form and 
accompanied by such fee as may be prescribed. 
 
7.  If the prescribed authority refuses to grant or renew a licence, it shall 
record its reasons therefor in writing, and communicate a copy of its order to the 
applicant. 
 
8.  Every licence shall be liable to be revoked by the prescribed authority for 
reasons to be recorded in writing in the order of revocation and in particular, a 
licence shall be liable to be revoked, if the warehouseman - 
 
(a) has applied to be adjudicated, or has been adjudicated an insolvent; 
or 
(b) has parted in whole or in part with his control over the warehouses 
in respect of which he is licensed; or 
(c) has ceased to conduct such warehouses; or 
 (d) has made unreasonable charges for services rendered by  
him; or 
(e) has in any manner become incompetent to conduct the business of 
a warehouseman; or 
(f) has contravened any of the terms or conditions of the licence or 
any of the provisions  of this Act or the rules made thereunder, or 
any other conditions which the State Government has, by 
notification in the Official Gazette , specified under section 5. 
 
9.  (1) 
  Before revoking a licence, the prescribed authority shall give 
notice to the warehouseman specifying the charges against him and calling upon 
him to show cause why the licence should not be revoked. 
 
(2)  After considering the explanation, if any, offered by the warehouseman, 
the prescribed authority may revoke the licence, or pass such orders as it deems 
just and proper. 
 
(3) The prescribed authority may suspend the licence of a warehouseman 
pending decision on the enquiry referred to in sub-sections (1) and (2). 
 
(4)  If a licence is suspended or revoked, the prescribed authority shall make 
an entry to that effect in the licence. 
 
10.   (1)  An appeal against any order of the prescribed authority refusing to 
grant or renew a licence, or suspending or revoking any licence of a 
Notice of refusal 
to grant or 
renew licence. 
 
Licence when 
to be revoked. 
 
Notice to be 
given before 
revocation of 
licence, and 
suspension of 
licence. 
Appeal and 
revision. 
 
 
 
 
 
7
 
warehouseman shall be made to the Registrar of Co-operative Societies within 
sixty days from the date of such order. 
 
(2)  On receipt of an appeal under sub-section (1), the Registrar shall, after 
giving the warehouseman and the prescribed authority an opportunity of being 
heard, pass such order thereon as he thinks fit. 
 
(3)  The State Government may at any time call for and examine the record of 
any proceedings before the prescribed authority or the Registrar relating to the 
suspension or revocation of, or the refusal to grant or renew, a licence, for the 
purpose of satisfying itself as to the correctness, legality or propriety of any order 
passed therein, and as to the regularity of such proceedings, and may either annul, 
reverse, modify or confirm such order, or pass such other order as it may deem 
just. 
 
(4)  Every order passed by the prescribed authority under section 9, subject to 
appeal or revision as provided in this section, and every order passed by the 
Registrar in appeal, subject to such revision, and every order passed by the State 
Government in revision, shall be final and shall not be questioned in any court of 
law. 
 
11.   (1)  During the period a licence is suspended, a warehouseman shall 
not carry on the business of warehousing; and when a licence expires and is not 
renewed, or is revoked, a warehouseman shall cease to carry on his business of 
warehousing, and shall return the licence to the prescribed authority. 
 
(2)  Where a licence expires and is not renewed, or where it is revoked, the 
prescribed authority shall give to the warehouseman such reasonable time 
thereafter as it thinks fit to wind up his business, and notwithstanding anything 
contained in section 3, the warehouseman may carry on his business of 
warehousing during the said period, and may do all things necessary for winding 
up such business. 
 
12.   Where a licence granted to a warehouseman is lost, destroyed, torn, 
defaced or otherwise becomes illegible, the prescribed authority shall, on an 
application made in that behalf by the warehouseman and on payment of the 
prescribed fee, issue a duplicate thereof. 
 
CHAPTER     III 
DUTIES OF A WAREHOUSEMAN 
 
13.   Every warehouseman shall take such care of the goods deposited with him 
as a man of ordinary prudence would take of his own goods under similar 
circumstances and conditions. 
 
Return  of 
licence.  
 
Duplicate 
licence. 
 
Reasonable 
care of  
goods stored. 
 
Precautions 
against 
damage or 
injury to 
goods. 
 
 
 
8
 
 
14.   (1)  Every warehouseman shall keep his warehouse clean and free from 
damp, take all necessary precautions against rats and other pests, and fulfill such 
other conditions as may be prescribed in this behalf. 
 
(2)  No warehouseman shall accept for deposit in his warehouse, goods which 
are contaminated or infected by worms and pests, and which are likely to cause 
damage to other goods which are or which may be deposited in the warehouse. 
 
15.   In order to permit at all times, the identification of the goods deposited in 
a warehouse, and easy delivery therefrom, every warehouseman shall keep in his 
warehouse the goods of one depositor separate from the goods of other depositors, 
and also the goods of the same depositor separate from his other goods for which 
a separate receipt has been issued : 
 
Provided that where standardised and graded goods are stored in a 
warehouse, subject to any agreement between the warehouseman and depositor 
the same variety of goods belonging to different depositors may be mingled 
together by the warehouseman, and each depositor will be entitled only to his 
portion of the goods according to weight or quantity as the case may be, as shown 
in his receipt. 
 
16.   (1)  Whenever from causes beyond the control of the      
warehouseman, goods stored in a warehouse deteriorate or are about to 
deteriorate, the warehouseman shall forthwith give notice thereof to the depositor 
asking him to take delivery of the goods immediately on surrendering the receipt 
duly discharged, and on payment of all dues. If the depositor does not comply 
with the notice within a reasonable time, the warehouseman may cause such 
goods to be removed from his warehouse, and sold by public auction at the cost 
and risk of the depositor. 
 
(2)  Any person interested in any goods, or the receipt covering such goods, 
stored in a warehouse may, in writing inform the warehouseman of the fact and 
the nature of his interest, and the warehouseman shall keep a record thereof. If 
such person requests in writing that intimation be given to him regarding the 
condition of the goods and agrees to pay the charges for giving such intimation, 
the warehouseman shall give him intimation accordingly. 
 
17.   Every warehouseman in the absence of any reasonable or lawful excuse, 
shall, without unnecessary delay, deliver the goods stored in his warehouse to the 
depositor on demand made by him and on surrender of the receipt duly 
discharged, and on payment of all the charges due to the warehouseman. Subject 
to any agreement between the warehouseman and the depositor, the depositor may 
take partial delivery of the goods stored in the warehouse. 
 
Preservation  
of identity of 
goods. 
 
Goods 
deteriorating in 
warehouse and 
their disposal. 
 
Delivery of 
goods. 
 
Warehouseman 
not entitled to 
excess nor 
responsible for 
shortage of 
goods. 
 
 
 
 
 
9
 
18.  (1)  If there be any excess in the goods stored in a warehouse by  
absorption of moisture or on account of other causes, the warehouseman shall not 
be entitled to the same. 
 
(2)  If for any cause beyond the control of the warehouseman, there be any 
shortage in such goods by damage or other causes, the warehouseman shall not be 
responsible for the same. 
 
(3)  In the event of any dispute arising as to whether such excess or shortage is 
due to absorption of moisture or driage, or is due to other causes, beyond the 
control of the warehouseman, the matter shall be referred to the Registrar of Co-
operative Societies or any other officer appointed by the State Government in this 
behalf, and the decision of the Registrar or other officer shall be final. 
 
19.   Every warehouseman shall maintain such accounts, books and records, in 
such form and in such manner, as may be prescribed.  
 
 
20.   (1)  Every warehouseman shall insure, in such manner as may be 
prescribed, the goods in his warehouse against loss or damage by fire or burglary. 
On a written request from a depositor and on his agreeing to pay the requisite 
charges for additional insurance, the warehouseman may insure such goods also 
against loss or damage by flood, riot, civil commotion or any other contingency. 
 
(2)  Every warehouseman shall be entitled to recover from the depositor, at the 
rate prescribed if the insurance is obligatory, or at the rate agreed to if the 
insurance is optional, the charges for insurance in respect of the depositor's goods 
before delivery thereof, and the warehouseman shall have a lien on the said goods 
in respect of such charges. 
 
21.   Every warehouseman shall receive for storage in his warehouse, so far as 
its capacity permits, any goods of the kind customarily stored by him therein, 
which may be tendered to him in a suitable condition for storing in the usual 
manner in the ordinary and usual course of business without making any 
discrimination between persons desiring to avail themselves of the facilities of his 
warehouse : 
 
Provided that a warehouseman may grant such concessions to a co-
operative society as may be prescribed. 
 
22.   Notwithstanding anything contained in any law, no warehouseman other 
than a co-operative society or a corporation established under the Warehousing 
Corporations Act, 1962, or the National Co-operative Development Corporation 
Act, 1962, shall, either on his own account or that of others, deal in, or lend 
money on goods which he receives for storage in his warehouse. 
 
Accounts, books, 
etc. to be 
maintained by 
warehouseman. 
 
Insurance of 
goods in 
warehouses.  
Discrimination 
prohibited.  
 
Warehouseman, 
other than co-
operative 
society, etc. not 
to lend money 
against goods in 
warehouse. 
 
58 of 1962. 
26 of 1962. 
 
 
10 
 
 
 
 
 
 
CHAPTER    IV 
INSPECTION AND GRADING OF GOODS 
 
23.   For the purpose of satisfying itself that the requirements of this Act and 
the rules made thereunder are duly complied with, the prescribed authority may at 
any time during business hours, inspect or cause to be inspected, or examine or 
cause to be examined, any warehouse in respect of which a licence is granted, the 
machinery or equipment thereof, the goods stored therein, and the account, books 
and records relating thereto. 
 
24.   (1)  On an application made to it in the prescribed manner and on  
payment of the prescribed fee, the prescribed authority may issue licences to 
persons possessing the prescribed qualifications, entitling them to act as weighers, 
samplers or graders of any goods deposited or to be deposited in a warehouse, and 
to issue certificates as to the weight, bulk, quality or grade of the goods which 
they have examined. 
 
(2)  The certificates issued by weighters, samplers or graders as to weight, 
quality or grade of the goods stored in the warehouse shall, subject to any order in 
appeal preferred by either of them to the Board of Arbitrators, be binding on the 
warehouseman and depositor. 
 
(3)  The prescribed authority may appoint a Board of Arbitrators to decide 
complaints against weighers, samplers, or graders or warehouseman relating to 
weight, quality or grade of the goods stored in a warehouse. The decision of the 
Board of Arbitrators shall be final and shall not be liable to be questioned in any 
court of law. 
 
25.   Every licence granted to a weigher, sampler or grader under section 24 
shall be valid for the prescribed period and may, on the expiry of such period be 
renewed, from time to time, for a further period by the Prescribed Authority on an 
application made in that behalf and on payment of the prescribed fee. 
 
26.  Subject to rules made in this behalf, every licence granted to a weigher, 
sampler or grader shall for adequate reasons which shall be recorded in writing, 
be liable to be suspended or revoked by the prescribed authority. Before revoking 
a licence the prescribed authority shall communicate to the licensee the grounds 
on which it is proposed to take action, and shall give him a reasonable opportunity 
of showing cause against it. 
 
27.   Whenever a licence granted to a weigher, sampler or graders, expires, or is 
revoked, he shall return it to the prescribed authority. 
Inspection. 
Licensed 
weighers, 
samplers and 
graders. 
 
Duration 
and renewal 
of licence 
granted 
under 
section 24. 
 
Suspension or 
revocation of 
licence. 
 
Return of 
Licences. 
 
 
 
 
 
11 
 
 
28.   No person who is not licensed under this Chapter shall work as, or hold 
himself out as, a weigher, sampler or grader. 
 
 
29.   Where a licence granted to a weigher, sampler or grader is lost, destroyed, 
torn, defaced or otherwise becomes illegible, the prescribed authority shall issue a 
duplicate thereof on an application made in that behalf by the weigher, sampler or 
grader, as the case may be, and on payment of the prescribed fee. 
 
30.  Every warehouseman shall provide reasonable facilities for weighing, 
sampling and grading any goods deposited in his warehouse. 
 
CHAPTER    V 
WAREHOUSE RECEIPTS 
 
31.  Every warehouseman shall, at the time when goods are received by him 
for deposit in a warehouse, issue a receipt in the prescribed form, containing full 
particulars in respect of the goods stored in his warehouse by each depositor. 
 
32.   A receipt issued by a warehouseman shall, unless otherwise specified on 
the receipt, be transferable by endorsement, and shall entitle its lawful holder to 
receive the goods specified in it on the same terms and conditions on which the 
person who originally deposited the goods would have been entitled to receive 
them. 
 
33.   If a receipt issued under section 31 is lost, destroyed, torn, defaced, 
damaged or otherwise becomes illegible, a warehouseman shall on an application 
made by the depositor and on payment by him of the prescribed fee, issue a 
duplicate receipt on such conditions as he may think fit to impose, being 
conditions made by rules prescribed for the purpose. 
 
CHAPTER    VI 
MISCELLANEOUS 
 
34.   (1)  If a warehouseman fails to comply with, or contravenes any  of the 
terms or conditions of, his licence or of any provision of this Act, then, without 
prejudice to any other penalty to which he may be subject, the amount of security 
deposited by him under a bond executed by him under the provisions of this Act 
shall be liable to be forfeited, and the amount due under such bond shall be 
recoverable from him, or from his sureties or their heirs or legal representatives, 
as an arrears of land revenue. 
 
(2)  The State Government may make payment out of the amount so forfeited 
or recovered, to any person who may have sustained loss by reason of the 
Prohibition 
of unlicensed 
weighers, 
samplers 
and graders.  
Duplicate 
licence. 
 
Facilities for 
weighing, 
sampling 
and grading. 
 
Issue of 
receipt. 
 
Receipt 
transferable by 
endorsement. 
 
Duplicate 
receipt. 
 
Security 
amount to 
be forfeited 
and 
recovered as 
arrears of 
land 
revenue. 
 
 
 
12 
 
 
warehouseman failing to comply with, or acting in contravention of, any 
provision of this Act. 
 
 
35.   (1)  Whoever, fails to comply with, or acts in contravention of any 
provisions of this Act shall be deemed to commit an offence under this Act, and 
shall on conviction be punished -
 
 
(a)  in the case of a contravention of the provisions of section 3 or 22, 
with simple imprisonment which may extend to six months, or 
with fine which may extend to one thousand rupees, or with both; 
 
(b)  in any other case with fine which may extend to one thousand 
rupees. 
 
(2)  If the person committing an offence under this Act is a company, every 
person who at the time the offence was 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 accordingly : 
 
Provided that nothing in this sub-section shall render any such person 
liable to any punishment provided in this Act, if he proves that the offence was 
committed without his knowledge, or that he exercised all due diligence to 
prevent the commission of such offence. 
 
(3) Notwithstanding anything contained in sub-section (2), where an offence 
under this Act is committed by a company and it is proved that the offence is 
committed with the consent or connivance or is attributable to any neglect on the 
part of any director, manager, secretary or other officer of the company, such 
director, manager, secretary or other officer shall also be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 
 
Explanation 1 . - For the purposes of sub-sections (2) and (3) - 
 
(a)  “company” means any body corporate and includes a firm or other 
association of individuals; and  
 
(b)  “director” in relation to a firm means a partner in the firm. 
 
Explanation 2. - The provisions of sub-section (2), in so far as they apply 
to persons who at the time of the offence were in charge of or were responsible to 
the company for the conduct of the business thereof, shall not apply to any such 
persons in charge of or responsible to a corporation established under the 
Warehousing Corporations Act, 1962, or the National Co-operative Development 
Corporation Act, 1962. 
Penalty. 
26 of 1962. 
58 of 1962. 
 
 
 
 
13 
 
 
36.   Where any licence is suspended or revoked under this Act, no person shall 
be entitled to any compensation or the refund of any fee paid in respect thereof. 
 
37.   Every contract or agreement which is inconsistent with the provisions of 
this Act, or the rules made thereunder shall, to the extent of such inconsistency, be 
void. 
 
38.   The State Government may delegate to any officer or authority 
subordinate to it any of the powers conferred on it by or under this Act. 
 
 
39.   The State Government may, by notification in the Official Gazette , add to, 
amend or omit any of the entries in the Schedule. 
 
40.   The State Government may, by notification in the Official Gazette , exempt 
any class of warehouses from all or any of the provisions of this Act. 
 
41.  (1) The State Government may, by notification in the Official  Gazette , 
make rules for carrying into effect the purposes of this Act. 
 
(2) In particular, but without prejudice to the generality of the foregoing 
provision, such rules may provide for the following matters, namely :- 
 
(i) the Authority empowered to carry out the duties under this Act; 
 
(ii)  the form of receipt under clause (h) of section 2; 
 
(iii) the form of application and the fee for taking out a licence under 
section 4, for its renewal under section 6 and for the issue of 
duplicate licence under section 12; 
 
(iv) the terms and conditions of a licence in accordance with which the 
business of a warehouseman shall be conducted under section 3 
and the period for which the licence shall be valid under section 6; 
 
(v) the amount of security and the manner of furnishing the same  
(including the form of bond) under clause (c) of section 5; 
 
(vi) the conditions on or under which a duplicate of a licence may be 
issued; 
 
(vii) the conditions (including disinfection of warehouses and the goods 
stored therein) which a warehouseman shall fulfill under sub-
section (1) of section 14; 
No Compensation 
for suspension or 
cancellation of 
licence. 
 Contracts and 
agreements 
inconsistent with 
Act to be void. 
 
Power of State 
Government to 
delegate its 
powers. 
 
Power of State 
Government to 
amend Schedule. 
 Power of State 
Government to 
exempt warehouses. 
 
Power to make 
rules. 
 
 
 
14 
 
 
 
(viii) the books, accounts and records to be kept and maintained under 
section 19; 
 
(ix) the manner in which goods deposited in a warehouse shall be 
insured under sub-section (1) of section 20; 
 
(x) the rates at which charges for insurance shall be recoverable under 
sub-section (2) of section 20; 
 
(xi) the concessions which may be granted by a warehouseman to a co-
operative society under section 21; 
 
(xii) the qualifications of, and grant of licences to weighers, samplers 
and graders, the form of application for licences, the fee payable in 
respect of them, and the period for which the licences may be 
granted to them, the form of certificates to be issued by them, the 
renewal of their licences, the conditions on which duplicate 
licences may be issued, and the conditions under which the 
licences may be suspended or revoked for the purposes of sections 
24,25,26 and 29; 
 
(xiii) the form for the issue of a receipt under section 31 and the fee to 
be paid for the issue of a duplicate receipt and the conditions under 
which the duplicate receipt may be issued under section 33; 
 
(xiv) the publication of the grant, suspension and revocation of licences 
and the list of warehouseman and their warehouses; 
 
(xv) the charges to be made by a warehouseman for storing goods in his 
warehouses; 
 
(xvi)  the manner of giving notices under this Act; 
 
(xvii) the manner of conducting a public auction for the sale of goods 
deteriorating or which are about to deteriorate in a warehouse and 
accounting for the proceeds of such sale by a warehouseman; 
 
(xviii)  the classification of goods stored by a warehouseman; 
(xix) the standard weights, measures and gradation of goods,  to be used 
in a warehouse; 
 
(xx) the procedure to be followed in proceedings before the Board of 
Arbitrators and the mode of executing their awards; 
 
 
 
 
 
15 
 
(xxi) generally for the efficient conduct of the business of a 
warehouseman; 
 
(xxii) any other matter which is to be, or may be, prescribed. 
 
(3) In making rules under this section, the State Government may provide that 
any person failing to comply with or contravening the provisions of any rules 
shall, on conviction, be punished with fine which may extend to one hundred 
rupees. 
 
(4) The power to make rules under this section shall be subject to the 
condition of previous publication in the Official Gazette. 
 
(5) All rules made under this section shall be laid for not less than thirty days 
before the State Legislature as soon as possible after they are made, and shall be 
subject to rescission by the State Legislature or to such modifications as the 
Legislature may make during the session in which they are so laid, or the session 
immediately following. 
 
(6) Any rescission or modifications so made by the State Legislature shall be 
published in the Official Gazette,  and shall thereupon take effect. 
 
42.  (1) On the commencement of this Act, the Bombay Warehouses Act, 
1959 in its application to the State of Gujarat shall stand repealed. 
  
(2) Notwithstanding such repeal of the said Act, anything done or any action 
taken (including any rule or order made, notification issued or appointment made) 
by or under that Act shall, in so far as it is not inconsistent with the provisions of 
this Act, be deemed to have been done or taken by or under this Act and shall 
continue to be in force until superseded by anything done or any action taken 
under the provisions of this Act. 
 
43.  Nothing in this Act shall apply to a warehouse appointed or licensed under 
the Central Excise and Salt Act, 1944 or the Customs Act, 1962 or any law 
corresponding thereto or to a warehouse belonging to or appointed by the Trustees 
of the Port of Gujarat. 
 
 
 
 
 
 
 
 
 
 
Act not to 
apply to 
warehouses 
under 
Customs Act, 
1962, etc. 
 
Repeal 
and 
savings. 
 
Bom V of 
1960. 
I of 1944. 
52 of 1962. 
 
 
16 
 
 
SCHEDULE 
[See  section 2(c) ] 
1. Fibres -- 
(1) Cotton (ginned and unginned). 
(2) Raw Jute. 
2. Food-stuffs including edible oils. 
3. Oil-seeds. 
4. Tobacco. 
5. Gul. 
6. Vegetable oils. 
7. Cattle-fodder including oil-cakes and other concentrates. 
8. Seeds. 
9. Manures.. 
10. Fertilizers. 
11. Agricultural implements.   
 
............................ 
 

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