The West Bengal Cold Storage ( Licensing And Regulation ) Act, 1966

COVERNMENT OF WEST BENGAL 
Legislative Department 
West Bengal Act VI of 1966 
THE WEST BENGAL COLD STORAGE (LICENSING 
AND REGULATION) ACT o  1966. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 19th March, 1966.] 
[19th March, 1966.] 
An Act to provide for licensing, supervision and control of 
cold storages. 
WHEREAS it is expedient to provide in the public interest 
for the licensing, supervision and control of cold storages in 
West Bengal and to deal with matters incidental thereto; 
AND WHEREAS previous sanction of the, President under 
the proviso to clause (b) of article 304 of the Constitution of 
India has been obtained; 
It is hereby enacted in the Sixteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows: 
CHAPTER I. 
Preliminary. 
1. (1) This Act may be called the West Bengal Cold short.  
Storage (Licensing and Regulation) Act, 1966. 	 title, extent 
(2) It extends to the whole of West Bengal. 	 and commences 
(3) It shall come into force on such date or dates and 'neut. 
in such area or areas as the State Government may, by 
notification in the Official Gazette, appoint and different 
dates may be appointed for different areas. 
2. In this Act, unless the context otherwise requires,— Demi. Lions. 
(1) "agricultural produce" includes produce of agricul-
ture, animal husbandry or horticulture, fish, 
shell fish and all articles of food or drink wholly 
or partly made from any of them; 
(2) "cold storage" means an enclosed chamber insulated 
in the prescribed manner and mechanically cooled 
by refrigeration machinery to provide refrigerated 
condition to things stored therein but does not 
include refrigerated cabinets and chilling plants 
having capacity of less than 28.3168 cubic metres; 
(3) "cold storage receipt" means a receipt issued by a 
licensee under section 6 and includes a duplicate 
receipt issued under section 8; 
-79sstrooN-Aisittiltiie 
The West Bengal Cold Storage (Licensing and Regulation) 
Act, 1966. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 2.- 
1phapter II.—Licensing of cold storages.—Sections 3, 4.) 
(4) "hirer" means a person who hires on payment of 
the prescribed charges space in a cold storage for 
storing agricultural produce and enters into a 
contract or agreement with the licensee for the 
purpose; 
(5) "licensee" means any person to whom or any firm 
or Co-operative Society to which a licence ie 
granted under section 3; 
(6) "Licensing Officer" means the Director of Agricul-
ture, West Bengal, and includes any other offi-
cer not below the rank of Superintendent of 
Agricultural Marketing empowered by the Direc-
tor of Agriculture in this behalf; 
(7) "prescribed" means prescribed by rules made under this Act; 
(8) "term" means a period of 12 months or less ending 
on the 31st December of any year. 
CHAPTER II. 
Licensing 
of cold 
storages. 
Issue of 
licence 
and its 
cancella, 
tion i  
Licensing of cold storages. 
3. No person shall, after two months from the date of 
coming into iforce of this Act, start or carry on the business 
of storing, nor any such person not being a hirer store, 
agricultural produce in a cold storage, except under and in 
accordance with the terms of a licence granted under this 
Act. 
4. (1) Every application for the grant of a licence under 
section 3 shall be made in duplicate to the Licensing Officer 
in such form and in such manner and shall be accompanied 
by such fee not exceeding five hundred rupees as may be prescribed. 
(2) The licence shall be granted by the Licensing Officer 
in such form and shall be subject to such conditions as may 
be prescribed. 
(3) Every licence granted under this Act shall be valid 
for a period of five years and may, on application by the 
licensee in the manner prescribed and on payment of the 
prescribed fee not exceeding two hundred rupees, be 
renewed from time to time for a period of two years on 
each occasion, by the Licensing Officer provided such appli-
cation for renewal is made at least thirty days before the 
expiry of the period of the licence. 
The West Bengal Cold Storage (Licensing and Regulation) 	 3 
Act, 1966. 
in of lose.] 
(Chapter II.—Licensing of cold storages.—Section 5.—
Chapter 111 . — C old storage Receipts.—Section 6.) 
(4) The Licensing Officer may, after giving the appli-
cant an opportunity of showing cause in such manner as 
may be prescribed, refuse to grant or renew a licence to any 
applicant. 
(5) When a licence is lost, destroyed, torn or defaced, 
the Licensing Officer shall, on application made in this 
behalf and on payment of the prescribed fee, issue a dupli-
cate licence in the prescribed manner. 
(6) The Licensing Officer may, after giving the licensee 
an opportunity of showing cause in such manner as may be 
prescribed, cancel any licence granted under this Act for 
any breach of the terms and conditions of the licence or 
for any contravention of the provisions of this Act. 
(7) Where an application for the grant or renewal of a 
licence is refused or where a licence is cancelled the reasons 
for such refusal or cancellation shall be recorded in writing 
and a , ,opy of the same shall be furnished to the applicant. 
(8) Where an application for the grant or renewal of a 
licence is refused, the fee, paid by the applicant along with 
the application, shall be refunded to him. 
5. (1) When a licence expires or when the renewal of 
such licence is refused or when a licence is cancelled, the 
licensee shall forthwith return the licence to the Licensing 
Officer but shall nevertheless continue to be liable for the 
agricultural produce already stored with him and shall be 
bound by the terms and conditions of any cold storage 
receipts already issued in respect of any agricultural 
produce: 
Provided that the Licensing Officer may, on the applica-
tion of the hirer, require the licensee to transfer any agricul-
tural produce stored with him to another licensed cold storage 
chosen by the hirer on payment of the outstanding charges 
due to the licensee. 
(2) Where any licence is cancelled, the licensee shall not 
be entitled to any compensation therefor, nor shall he be 
entitled to the refund of any fee paid by him for the licence. 
Expiry ors 
cancella-
tion of 
licence 
and its 
Cones. 
quenceFa 
CHAPTER III. 
Cold storage Receipts. 
6. For the agricultural produce stored in a cold Cold 
storage by each hirer, the licensee shall issue a cold storage storage' 
receipt in the prescribed form containing particulars relat- receipts ,  
ing to the agricultural produce. 
Cold 
storage 
receipts to 
be trans-
ferable by 
endorse-
ment 
and 
delivery. 
Duplicate 
cold 
storage 
receipt. 
4 	 The West Bengal Cold Storage (Licensing and Regulation) 
Act, 1966. 
[West Ben. Act 
(Chapter III—Cold Storage Receipts—Sections 7-8) 
(Chapter IV.—Duties of the Licensee.—Sections 9-11.) 
7. A cold storage receipt shall, unless it is otherwise 
specified thereon, be transferable by endorsement and deli-
very and shall entitle any lawful holder thereof to receive 
the agricultural produce specified in it as if he • ere the 
original hirer. 
8. If a cold storage receipt is lost, destroyed, torn or 
defaced, the licensee shall, on application by the hirer and 
on payment by him of the prescribed fee, issue a duplicate 
cold storage receipt in accordance with such rules as may 
be prescribed. 
CHAPTER IV. 
Duties of the Licensee. 
Reasonable 
care 
of the 
agricul-
tural 
produce 
stored. 
Due 
mainten-
ance of 
cold 
storages. 
9. Every licensee shall take such care of the agricul-
tural produce stored in his cold storage as a man of ordinary 
prudence would take care of his own goods under similar 
circumstances and shall provide the hirers concerned with 
all reasonable facilities for inspection, weighing, measuring, 
sampling and grading of the agricultural produce stored, in 
such manner as may be prescribed. 
10. (1) Every licensee shall maintain his cold storage 
in accordance with such terms and conditions of the licence 
and in conformity with such sanitary and other requirements 
as may be prescribed. 
(2) No licensee shall accept for storing any agricultural 
produce which is likely to cause damage to other agricul-
tural produce that has been or may be stored in the same 
cold storage. 
(3) If there is any dispute as to whether any agricul-
tural produce proposed to be stored in a cold storage 
is likely to cause damage to any other agricultural produce 
that has been or may be stored in the same cold storage, 
the matter shall be referred to the Licensing Officer whose 
decision thereon shall be final. 
11. Every licensee shall keep the agricultural produce 
of one hirer separate from the agricultural produce of other 
hirers and from other agricultural produce of the same 
hirer for which a separate receipt has been issued, in such 
a manner as to permit at all times of the identification and 
delivery of the agricultural produce stored in his col 
storage. 
Preserves 
Lion of 
dentity 
of the 
agricul. 
turas 
precluve. 
The West Bengal Cold Storage (Licensing and Regulation) 5 
Act, 1966. 
VI of 1966.] 
(Chapter IV.—Duties of the Licensee.—Sections 12-14.) 
12. (1) Whenever agricultural produce stored in a cold 
storage deteriorates or shows signs that it is about to dete-
riorate from causes beyond the control of the licensee, the 
licensee shall forthwith give notice of the fact to the 
Licensing Officer and to the hirer requiring the hirer to 
take delivery of the agricultural produce immediately, 
after surrendering the cold storage receipt duly discharged 
and paying all charges due to the licensee. 
(2). If the hirer does not, within a reasonable time, com-
ply with the notice given to him under sub-section (1), the 
licensee may cause the agricultural produce to be removed 
from the cold storage and sold in the prescribed manner 
by public auction at the cost and risk of the hirer. 
(3) The proceeds of a sale held under sub-section (2/ 
shall be made over by the licensee to the hirer after deduct-
ing therefrom all amounts due to the licensee on account 
of charges for the storing of the agricultural produce and 
the costs of the sale. 
13. (1) For the purpose of sub-section (1) of section 12, 
loss of weight or bulk by dryage or shrinkage or gain in 
weight or bulk by absorption of moisture shall not be deem-
ed to amount to deterioration or showing signs of deteriora-
tion, if the loss or gain does not exceed such limits as may 
be prescribed. 
(2) If there is any excess in the weight or bulk of agri. 
cultural produce stored in a cold storage by absorption of 
moisture or other causes, the licensee shall not be entitled 
to such excess. 
(3) If there is any shortage in the agricultural produce 
stored in a cold storage by dryage or shrinkage or other 
causes beyond the control of the licensee, the licensee shall 
not be responsible therefor. 
(4) In the event of a dispute arising as to whether such 
shortage or excess is due to dryage or shrinkage or absorp-
tion of moisture or is due to other causes beyond the control 
of the licensee, the matter shall be referred to the Licensing 
Officer whose decision thereon shall be final. 
14. (1) Every licensee shall, in the absence of reason-
able excuse, without unnecessary delay, deliver the agricul-
tural produce stored in his cold storage to the hirer on 
demand made by him and on surrender of the cold storage 
receipt duly discharged and payment of all charges due to 
the licensee. 
(2) Subject to any agreement between the licensee and 
the hirer, the hirer may take delivery of part of the agri-
cultural produce stored in a cold storage. 
Disposal 
of agricub ,  
tural 
produce 
deterio-
rating in 
the cold 
storage. 
Liability 
of licensee 
for 
shortage 
or 
excols in 
agricul-
tural 
produce 
stored. 
Delivery 
of agricul-
tural 
producc 
Insurance 
of agricul-
tural 
produce in 
cold 
storages. 
Discrimi-
nation 
prohibi-
ted. 
Accounts, 
etc., to be 
main-
tained. 
Submission 
of returns. 
Licensee 
to comply 
with 
directions. 
6 	 The West Bengal Cold Storage (Licensing and Regulation) 
Act, 1966. 
[West Ben. Act 
(Chapter IV.—Duties of the License.—Sections. 15-19— 
Chapter V .—Miscellaneous.—Section 20.) 
15. Agricultural produce stored in a cold storage shall, 
if so required by the rules, be insured by the licensee 
against loss or damage by fire, theft, riot, civil commotion 
or such other cause as may be prescribed. 
16. Save as provided in sub-section (2) of section 10, 
no licensee, in the conduct of his business, shall refuse to 
accept for storing in his cold storage, agricultural produce 
tendered by any person when there i-s accommodation in 
his cold storage for storing such agricultural produce. 
17. A licensee shall maintain such accounts, books and 
records and in such form and manner as may be prescribed. 
18. Every licensee shall submit to the Licensing Officer 
a return in duplicate in such form and in such manner as 
may be prescribed, in respect of each class of agricultural 
produce stored by him or by his hirers during the period of 
three months immediately preceding the month in which 
the return is submitted. 
19. Every licensee shall be bound to comply with such 
direction or order as may be issued to him by the Licensing) 
Officer under this Act and any failure to comply with such 
direction or order within the period of thirty days shall be 
deemed to be contravention by the licensee of the provisions 
of this Act. 
CHAPTER V. 
Miscellaneous. 
Powers 	 20. The Licensing Officer may with a view to securing 
of the 	 compliance with this Act— Licensing 
Officer. 	 (a) require any licensee to give any information which 
may be required by the Licensing Officer with 
respect to the cold storage run by the licensee, 
(b) enter upon and inspect the premises, books and 
other relevant documents of any licensee at any 
time with a view to satisfying himself that the 
requirements of this Act are. being complied with, 
collect, on payment, samples of agricultural produce 
stored in any cold storage and get them analysed 
at any Laboratory selected for the purpose, and 
(d) prohibit by an order in writing further storage or 
disposal of any agricultural produce in respect of 
which he has reason to believe that any contra-
ention of this Act has taken place. 
(o) 
The West Bengal Cold Storage (Licensing and Regulation) 	 7 
Act, 1966. 
VI of 1966.] 
(Chapter V.—Miscellaneous.—Sections 21-24.) 
21. (1) Any person, who starts or carries on a cold Penalty. 
storage business or stores agricultural produce in a cold 
storage without having a valid licence under this Act 
or contravenes any provision of this Act or the rules 
made thereunder or cancels, destroys, mutilates or defaces 
any book or other document with a view to evading the 
provisions of this Act, shall be punishable with imprisonment 
for a term which may extend to six months or with fine which 
may extend to one thousand rupees or with both and for con-
tinuance of such contravention the person concerned shall be 
liable to an additional fine of fifty rupees per day so long as 
the contravention continues or so long as the orders and 
directions validly given are not complied with. 
(2) Where an offence punishable under this section is 
committed by any employee or agent of a trader on behalf 
of such trader, such trader, unless he proves that the offence 
was committed by his employee or agent without his know-
ledge and without his consent, and his employee or agent 
by whom the offence was committed, shall both be deemed 
to be guilty of the offence. 
(3) If the person committing an offence punishable 
under sub-section (1) is a company, the company and every 
director, manager, secretary or agent of the company, unless 
such director, manager, secretary or agent proves that the 
offence was committed without his knowledge or consent, 
shall be deemed to be guilty of the offence and shall be 
liable to be proceeded against and punished. 
22. (1) An offence punishable under this Act shall be 
cognizable. 
(2) Any police officer not below the rank of a Sub-
Inspector of Police may arrest without warrant any person 
against whom a reasonable complaint has been made or 
credible information has been received of his having been 
concerned in any offence punishable under this Act. 
23. A licensee may enter into a contract or agreement 
with a hirer in such form and in accordance with such 
conditions as may be prescribed. 
24. (1) In the event of any loss of or deterioration in 
any agricultural produce stored in a cold storage caused on 
account of any negligence of the licensee or any defect in the 
refrigeration machinery the hirer may, within thirty days 
from the date of detection of such loss or deterioration by 
him, apply in writing to the Licensing Officer for assessing 
the compensation payable by the licensee on account of such 
loss or deterioration. 
C -gnizenee 
of offence 
and 
arrest 
without 
warrant. 
Contract 
or agree-
ment 
form. 
Compen-
sation 
payable 
for loss or 
deterio-
ration of 
stored 
agricul-
tural 
produce. 
8 	 The West Bengal Cold Storage (Licensing and Regulation) 
Act, 1966. 
[West Ben. Act 
(Chapter 1 7.—Miscelianeous.--Sections 25-29.) 
(2) On receipt of such application the Licensing Officer 
shall cause an enquiry to be made in accordance with such 
procedure as may be prescribed and assess the amount of 
compensation payable by the licensee to the hirer. 
(3) The Licensing Officer shall direct the licensee to pay 
to the hirer, within a date specified in the order, the com-pensation so assessed. 
(4) If the compensation or any portion of it remains 
unpaid after the date specified in the order passed under sub-section (3) the same shall be recoverable as an arrear of land revenue. 
Appeals. 	 25. If the Licensing Officer— 
(a) refuses to grant or renew a licence or cancels a licence 
under section 4, or 
(b) assesses compensation under section 24, 
any person aggrieved by such refusal, cancellation or assess-
ment may, within thirty days from the date thereof, prefer an appeal— 
(i) in the case of a refusal, cancellation or assessment 
by the Licensing Officer being the Director of 
Agriculture, West Bengal, to the State Govern-ment; and 
(ii) in any other case, to the Director of Agriculture, 
West Bengal. 
Bar to 	 26. No suit or legal proceeding shall lie against the State 
suits and Government and no suit, prosecution or legal proceeding shall legal.  pm- lie against any person for anything in good faith done or ceeduigs. intended to be done under this Act or the rules made there-under. 
Licensing 
Officer 
to be 
public 
servant. 
Power to 
exempt. 
Power to 
make 
rules. 
27. The Licensing Officer appointed under this Act shall 
be deemed to be a public servant within the meaning of sec- Act tiOD. 21 of the Indian Penal Code. 	 XLV of 
180). 
28. The State Government may, by notification in the Official Gazette, for reasons to be recorded, exempt any 
class or classes of licensees from all or any of the provisions of this Act. 
29. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 
The Wed Bengal Cold /Storage (Licensing and Regulation) 9 
Act, 1966. 
VI of 1966.1 
(Chapter V .—Miscellaneous. —Section 29.) 
(2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for all or any 
of the following matters, namely ; — 
(a) any matter which, under any provision of this Act, 
either expressly or by implication, is required to 
be prescribed or to be provided for by rules; 
(b) the granting of licences by the Licensing Officer to 
persons entitling them to act as weighers, 
measurers, samplers and graders of any agricul-
tural produce stored or to be stored in a cold 
storage including the manner of making applica-
tions, fees to be paid, and qualifications neces-
sary, for the purpose, the period of validity, the 
method of obtaining renewal together with the 
fees to be paid for such renewal, or the grounds 
of cancellation, of such licences, and the facilities 
to be granted and the notliorities to be exercised 
by the holders of such licences; 
priorities to be allowed to co-operative societies for 
storing their agricultural produce in a cold 
storage. 
(0) 
I-"BGP - 67/8-158A-5M 

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