LexThe Maharashtra Warehouses Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1960 : V] 1
THE MAHARASHTRA WAREHOUSES ACT
[Text as on 16th April 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
LICENSING OF BUSINESS OF WAREHOUSING
3. Prohibition of carrying on business of warehousing without licence.
4. Applications for, and grant of, licences.
5. Conditions for grant of licence.
6. Term and renewal of licence.
7. Notice of refusal to grant or renew licence.
8. Licence when to be revoked.
9. Notice to be given before revocation of licence, and suspension and revocation of licence.
10. Appeals and revision.
11. Return of licences.
12. Duplicate licences.
CHAPTER III
DUTIES OF A WAREHOUSEMAN
13. Reasonable care of goods stored.
14. Precautions against damage or injury to goods.
15. Preservation of identity of goods.
16. Goods deteriorating in warehouses and their disposal.
17. Delivery of goods.
18. Warehouseman not entitled to excess nor responsible for shortage of goods.
19. Accounts, books, etc. to be maintained by warehouseman.
20. Insurance of goods in warehouses.
21. Discrimination prohibited.
22. Warehouseman, other than co-operative society etc. not to lend money against goods in
warehouse.
CHAPTER IV
INSPECTION AND GRADING OF GOODS
23. Inspection.
24. Licensed weighers, samplers and graders.
2 The Maharashtra Warehouses Act [1960 : V
25. Term and renewal of licence.
26. Suspension or revocation of licences.
27. Return of licences.
28. Prohibition of unlicensed weighers, samplers and graders.
29. Duplicate licences.
30. Facilities for weighing, sampling and grading.
CHAPTER V
WAREHOUSE RECEIPTS
31. Issue of receipts.
32. Receipt transferable by endorsement.
33. Duplicate receipts.
CHAPTER VI
MISCELLANEOUS
34. Security amount to be forfeited and recovered as arrears of land revenue.
35. Penalty.
36. No compensation for suspension or cancellation of licence.
37. Contracts and agreements inconsistent with Act to be void.
38. Power of State Government to delegate its powers.
39. Power of State Government to amend Schedule.
40. Power of State Government to exempt warehouses.
41. Rules.
42. Repeal and savings.
43. Act not to apply to warehouses under Sea Customs Act, 1878, etc.
SCHEDULE
1960 : V] The Maharashtra Warehouses Act 3
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
2. Amended by Mah. 71 of 1975 (24-12-1975)
3. Amended by Mah. 24 of 2012 (1-5-1960)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Warehouses Act [1960 : V
1960 : V] The Maharashtra Warehouses Act 5
ACT No. V of 19601
[THE MAHARASHTRA WAREHOUSES ACT.]
[This Act received the assent of the President on the 22nd January 1960; assent was first published
in the Bombay Government Gazette, Extraordinary No. 5, Part IV, on the 28th January 1960.]
An Act to provide for the regulation of the warehousing of certain
goods in the State of Bombay.
WHEREAS it is expedient to regulate the warehousing of certa in goods in the State of Bombay ;
It is hereby enacted in the Tenth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called 2[the Maharashtra
Warehouses Act].
(2) It extends to the whole of the 3[State of Maharashtra].
(3) It shall come into force on such 4date as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “co-operative society” means a society registered or deemed to be register ed under the
provisions of the 5Bombay Co -operative Societies Act, 1925 (Bom. VII of 1925) , or any
corresponding law in force in any part of the 6[State of Maharashtra];
(b) “depositor” means a person who deposits goods with a warehousem an 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 f rom the depositor or
his lawful transferee;
(c) “goods” means any of the articles specified in the Schedule 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 made under this Act;
(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 form prescribed, by a warehou seman
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 stor ing 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.
1 For St atement of Objects and Reasons of the L. A. Bill No. LXXX of 1959, see Bombay Government Gazette , 1959,
Extraordinary No. 85, Part V, dated the 10th September 1959, pages 748-749.
2 The short title was substituted for the short title “the Bombay Warehouses Act, 1959” by Mah. 24 of 2012, s. 2, Schedule
entry 80, w. e. f., 1-5-1960.
3 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4 25th day of April 1960 vide G. N., A. & C. D., No. WHA. 1559/31854-MSC, dated 20th April 1960.
5 Now see Maharashtra Co-operative Societies Act, 1960 (Mah. 24 of 1961).
6 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 The Maharashtra Warehouses Act [1960 : V
CHAPTER II
LICENSING OF BUSINESS OF WAREHOUSING
3. Prohibition of carrying on busine ss of warehousing without licen ce.— Subject to the
provisions of s ection 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. Applications for, and grant of, licences.— (1) An application for a licence shall be made in
the prescribed form, to the Prescribed Authority.
(2) 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 in accordance with the terms and
conditions of the licence, and the provisions of this Act and the rules made thereunder.
5. Conditions for grant of licence. — 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 su ch manner, as
may be prescribed:
Provided that where the applicant is a corporation established under the Agricultura l
Produce (Development and Warehousing) Corporations Act, 1956 (28 of 1956) no such security
shall he required;
(d) that the applicant fulfils 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.
6. Term and renewal of licence. — Every licence granted under section 4 shall be valid for the
prescribed period, and may on the expiry of such period be renewed by the Prescribed Authority on an
application made by the warehouseman in that behalf on payment of the prescribed fee, provided the
conditions referred to in section 5 continue to be fulfilled.
7. Notice of refusal to grant or renew licence. — If the Prescribed Authority refuses to grant or
renew a licence under the foregoing provisions, it shall record its reasons therefore, in writing and
communicate a copy of its order to the applicant.
8. Licence when to be revoked.— 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.
1960 : V] The Maharashtra Warehouses Act 7
9. Notice to be g iven before revocation of licence, and suspension and revocation of
licence.— (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.
(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. Appeals and revision. — (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 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 rela ting to the suspension or revocation of , or the
refusal to 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 s ection 9, subject to appeal or revision
as provided in this section, and every order passed by the Registrar in a ppeal, 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. Return of licences.— (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 a nd 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 s ection 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. Duplicate licences.— Where a licence granted to a warehouseman is lost, destroyed, torn,
defaced or otherwise becomes illegible, the Pr escribed 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 WAREHOUSEMAN
13. Reasonable care of goods stored.— 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.
14. Precautions against damage or injury to goods. — (1) Every warehouseman shall keep his
warehouse clean and free from damp, take all necessary precautions against rats and other pests, and
fulfil 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.
8 The Maharashtra Warehouses Act [1960 : V
15. Preservation of identity of goods. — 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 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. Goods deteriorating in warehouses and their disposal. — (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 surrender ing 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 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 request 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.
1[(3) At the time of taking delivery of the goo ds stored in a warehouse, if a depositor on
examination finds that the goods are lost or damaged, he shall give notice in writing to the
warehouseman within 72 hours of such examination and before taking delivery of the goods from the
warehouse. The notice shall state the particulars of the goods stored in the warehouse, whether the
depositor was given notice under sub -section ( 1), if any, asking him to take delivery of the goods
immediately, whether the depositor took delivery of the goods and the time wit hin which delivery of
the goods was taken in pursuance of such notice, the time and date on which the goods were examined
and the particulars of the loss or damage to the goods. No claim against the corporation or
warehouseman shall be valid if notice of l oss or damage to the goods has not been given by the
depositor in time as provided in this section.]
17. Delivery of goods. — 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.
18. Warehouseman not entitled to excess nor responsible for shortage of goods. — (1) If
there be any excess in the goods stored in 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 driage 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. Accounts, books, etc. to be maintained by warehouseman. — Every warehouseman shall
maintain such accounts, books and records, and in such form, and manner, as may be prescribed.
1 Sub-section (3) was inserted by Mah. 71 of 1975, s. 2.
1960 : V] The Maharashtra Warehouses Act 9
20. Insurance of goods in warehouse. — (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 goods in from a depositor and on his agreeing to pay the requisite charge, 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. Discrimination pro hibited.— 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 or dinary
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. Warehouseman, other than co-operative society etc. not to lend money against goods in
warehouse.— Notwithstanding anyt hing contained in any law, n o warehouseman other than a
co-operative society or a corporation established under the Agricultural Produce (Development and
Warehousing) Corporation Act, 1956 (28 of 1956) , 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.
CHAPTER IV
INSPECTION AND GRADING OF GOODS
23. Inspection.— 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. Licensed weighers, samplers and graders. — (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 prescrib ed qualifications, entitling them to act as weighers , samplers and
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 weighers, samplers and 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 and graders or warehouseman relating to weight, quality or grade of the goods
stored in a warehouse. The decision of the Board of Arbitrators sh all be final and shall not be liable to
be questioned in a Court of law.
25. Term and renewal of licence. — (1) Every licence granted to a we igher, sampler or grader
under s ection 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 peri od by the Prescribed Authority on an application made in
that behalf and on payment of the prescribed fees.
26. Suspension or revocation of licences. — Subject to rules made in this behalf, every lic ence
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 licens ee the grounds on which it is proposed to take
action, and shall give him a reasonable opportunity of showing cause against it.
10 The Maharashtra Warehouses Act [1960 : V
27. Return of licences.— Whenever a licence granted to a weigher, sampler or grader, expires,
or is revoked, he shall return it to the Prescribed Authority.
28. Prohibition of unlicensed weighers, samplers and graders. — No person who is not
licensed under this Chapter shall work as, or hold himself out as, a weigher, sampler or grader.
29. Duplicate licences. — 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
licences thereof on an application made in that behalf by the weigher, sampler or grader, as the cas e
may be, and on payment of the prescribed fee.
30. Facilities for weighing, sampling and grading. — Every warehouseman shall provide
reasonable facilities for weighing, sampling and grading any goods deposited in his warehouse.
CHAPTER V
WAREHOUSE RECEIPTS
31. Issue of receipts. — Every warehouse 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. Receipt transferable by endorsement.— 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 per son who originally
deposited the goods would have been entitled to receive them.
33. Duplicate receipts. — If a receipt 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 (if any), issue a duplicate receipt on such conditions as he ma y think fit to
impose, being conditions made by rules prescribed for the purpose.
CHAPTER VI
MISCELLANEOUS
34. Security amount to be forfeited and recovered as arrears of land revenue. — (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 and 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 arrear 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 warehouseman failing to comply with or acting in
contravention of, any provision of this Act.
35. Penalty.— (1) Whoever, fails to comply with or acts in contravention of, any provision 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 s ection 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:
1960 : V] The Maharashtra Warehouses Act 11
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 person in charge of or responsible to a corporation
established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956
(28 of 1956).
36. No Compensation for suspension or cancellation of licence. — Where any licence is
suspended or revoked under this Act, no person shall be entitled to any co mpensation or the refund of
any fee paid in respect thereof.
37. 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 made thereunder shall, to
the extent of such inconsistency, be void.
38. Power of State Government to delegate its powers.— The State Government may delegate
to any officer authority subordinate to it any of the powers conferred on it by or under this Act.
39. Power of State Government to amend Schedule. — The State Government may, by
notification in the Official Gazette, add to, amend or omit any of the entries in the Schedule.
40. Power of State Government to exempt warehouses. — The Stat e Government may, by
notification in the Official Gazette, exempt any class of warehouses from all or any of the provisions of
this Act.
41. Rules.— (1) The State Government may, by notification in the Official Gazette, make rules
for carrying into effect the purposes of this Act.
(2) In partic ular, 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 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 te rms and conditions of a licence in accordance with which the business of a
warehouseman shall be conducted under section 3, the fee for the grant of a licence under
sub-section (2) of section 4 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 fee for the renewal of a licence under section 6 and for the issue of a duplicate
thereof under section 12;
12 The Maharashtra Warehouses Act [1960 : V
(vii) the conditions on or under which a duplicate of a licence may be issued;
(viii) the conditions (including disinfection of warehouses and the goods stored therein)
which a warehouseman shall fulfil under sub-section (1) of section 14;
(ix) the books, accounts and records to be kept and maintained under section 19;
(x) the manner in which goods deposited in a warehouse shall be insured under
sub-section (1) of section 20;
(xi) the rates at which charges for insurance shall be recoverable unde r sub-section (2) of
section 20;
(xii) the concessions which may be granted by a warehouseman to a co -operative society
under section 21;
(xiii) 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, the conditions on which 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
section 26;
(xiv) the fee to be paid for the issue of a duplicate receipt and the conditions under which
such receipt may be issued under section 33;
(xv) the publication of the grant, suspension and revocation of licences and the list of
warehousemen and their warehouses;
(xvi) the charges to be made by a warehouseman for storing goods in his warehouses;
(xvii) the manner of giving notices under this Act;
(xviii) 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;
(xix) the classification of goods stored by a warehouseman;
(xx) the standard weights, measures and gradation of goods, to be used in a warehouse;
(xxi) the procedure to be followed in proceedings before the Board of Arbitrators and the
mode of executing their awards;
(xxii) generally for the efficient conduct of the business of a warehouseman;
(xxiii) any other matter which is to be, or may be, prescribed.
(3) In making any rule under this section the State Government may provide that a breach thereof
shall be punishable 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 previo us
publication in the Official Gazette.
(5) All rules made under this section shall be laid before each House of the Legislature as soon as
may be after they are made , and shall be subject to such modifications as the State Legislature may
make during the session in which they are so laid, or the session immediately following.
42. Repeal and savings. — On the coming into force of this Act, the following laws,
that is to say :—
(a) the Bombay Warehouses Act, 1947 (Bom. LVI of 1947);
(b) the Hyderabad Warehouses Regulation, 1358 Fasli (Hyd. Reg. XLVI of 1358 Fasli);
1960 : V] The Maharashtra Warehouses Act 13
(c) the Central Provinces and Berar Agricultural Warehouses Act, 1947 (C.P. and Berar Act
No. I of 1948) and
(d) the Saurashtra Warehouses Act, 1956 (Sau. Act XIV of 1956),
shall stand repealed:
Provided that such repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered
thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so
repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any law so repealed; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and
any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:
Provided further that, subject to the preceding proviso, anything done or any action taken
(including any rules made under any of the laws so repealed or any no tifications, orders, licences,
receipts or notices issued, applications made, fees paid, suspension or revocation of licences effected,
appeals filed, and certificates issued) under any such law shall, in so far as it is not inconsistent with
the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of
this Act and shal l continue in force accordingly unless and until superseded by anything done or any
action taken under this Act.
43. Act not to apply to warehouses under Sea Customs Act, 1878, etc. — Nothing in this Act
shall apply to a warehouse appointed or licensed under the Sea Customs Act, 1878 (VIII of 1878), the
Central Excises and Salt Act, 1944 (I of 1944) or the Inland Bonded Warehouses Act, 1896 (VIII of
1896) or any law corresponding thereto or to a warehouse belonging to or appointed by the Trustees of
the Port of Bombay.
14 The Maharashtra Warehouses Act [1960 : V
SCHEDULE
[See section 2(c).]
I. Fibres—
(1) Cotton (ginned and unginned).
(2) Raw jute.
II. Food-stuffs including edible oils.
III. Oil-seeds.
IV. Tobacco.
V. Gul.
VI. Vegetable oils.
VII. Cattle-fodder including oil-cakes and other concentrates.
VIII. Seeds.
IX. Manures.
X. Fertilisers.
XI. Agricultural implements.