The West Bengal Warehouses Act, 1963

2. In this Act, unless the context otherwise requires,— Defini- 
(1) "co-operative society" means a society registered or tions. 
deemed to be - registered under the Bengal Co-
operative Societies Act, 1940; 
(2) "depositor" means a person who has deposited any 
goods with a warehouseman in a licensed ware-
house, and includes any lawful holder of a ware-
house receipt issued by a warehouseman under 
section 22; 
"goods" mean any of the articles or commodities 
specified in the Schedule; 
"licensed warehouse" means a warehouse licensed 
under this Act; 
"prescribed" means prescribed by rules made under 
this Act; 
"Prescribed Authority" means an authority 
appointed by the State Government, by noti-
fication in the Offioial Gazette, for all or any of 
the purposes of this Act; 
"warehouse" means any building, structure or 
enclosure which is or is intended to be used for 
the purpose of storing articles or commodities on 
behalf of persons depositing them but does not 
include cloak rooms attached to hotels and railway 
stations or any premises where a public carrier 
keeps articles or commodities for carriage or 
delivery ; 
(3)  
(4)  
(5)  
(6)  
(7)  
West Bengal Act XLI of 1963 
THE WEST BENGAL WAREHOUSES ACT, 1963. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 15th May, 1964.] 
[15th May, 1964.] 
An Act to provide for the licensing of warehouses, the proper 
supervision and control of licensed warehouses and 
certain ether connected matters. 
It is hereby enacted in the Fourteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows : — 	 - 
8 of 1878 
8 of 1896. 
1 of 1944. 
Ben. Act 
XXI of 
1940. 
CHAPTER I. 
Preliminary. 
1. (1) This Act may be called the West Bengal Ware-
houses Act, 1963. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State 
Government may, by notification in the Official Gazette, 
appoint. 
(4) It shall not apply to warehouses established under 
any other State law for the time being in force in this 
respect or under the Sea Customs Act, 1878, the Inland 
Bonded Warehouses Act, 1896 and the Central Excises and 
Salt Act, 1944. 
Short 
title, 
extent, 
commence-
ment and 
applica-
tion. 
2 	 The West Bengal Warehouses Act., 1963. 
[West Ben. Act 
(Chapter IL—Licensing of Warehouses.—Sections 3-6.) 
(8) "Warehouse Authority" means an authority referred 
to in section 4; 
(9) "warehouseman", used in relation --t-o a warehouse, 
means a person who holds a license under this Act 
in respect of the warehouse; 
(it)) "warehouse receipt" means a receipt issued by a 
warehouseman under section 22. 
CHAPTER II. 
Power to 
have 
warehouses 
licensed. 
Terms of 
licence 
and 
renewal 
thereof. 
Licensing of Warehouses. 
3. Any person may, subject to the provisions of this 
Act, have his warehouse licensed in respect of any class or 
classes of goods. 
Explanation.—Where a person has more than one ware-
house, he shall obtain a separate license for each 
warehouse which he desires to be licensed under this 
- Act. 
4. The State Government may, by notification in the 
Official Gazette, from time to time appoint Warehouse 
Authorities with jurisdiction over such areas as may be 
specified in such notification. 
5. (1) Applications for license shall be made in the 
prescribed manner to the Warehouse Authority having 
jurisdiction over the area within which the warehouse is 
situated. 
(2) Before granting a license, the Warehouse Authority 
shall satisfy itself— 
(a) that the warehouse is suitable for the storage of the 
class or classes of goods in respect of which the 
license has been applied for; 
that the applicant has paid the fee prescribed for 
the license; 
that there is no good and sufficient reason for refusing 
the license. 
(3) Every license granted under this Act shall be in such 
form and. shall be subject to such terms and conditions as 
may be prescribed. 
(4) If the Warehouse Authority refuses to grant or renew 
a license, it shall record the grounds for refusal in its order 
and shall in particular, in cases coming under clause (c) of 
sub-section (2), state specifically the reason for refusal. 
6. Every license granted under section 5 shall be valid 
for the prescribed period, and may, on application and on 
payment of the fee prescribed for renewal, be, renewed from 
time to time by the Warehouse Authority provided that the 
requirements referred to in clauses (a) and (c) of sub-section 
(2) of section 5 continue to be satisfied. 
Appoint-
merit of 
Warehouse 
Authori-
ties. 
Grant of 
license. 
lation of 
license, 
Safe. 
guarding 
the 
interest 
of deposi• 
tors in ease 
of expiry 
of or 
refusal 
to renew a 
license or 
cancel. 
lation 
of a 
license. 
Reasonable 
care of the 
goods 
deposited. 
The West Bengal Warehouses Ao,. 1963. 	 3 
XLI of 19634 
(Chapter 11.—Licensing of Warehouses.—Sections 7, 8.—
Chapter 111.—Duties of Warehouseman.—Section 9.) 
7. (1) The Warehouse Authority may cancel any license 
granted under section 5 or renewed under section 6,— 
(a) if the licensee has applied to be adjudicated or has 
been adjudicated, an insolvent; or 
(b) if the licensee has substantially parted with his 
ownership of, or control over, the warehouse or 
has ceased to conduct the same; or 
if the charges in respect of any goods stored with the 
licensee or of any services in connection with such 
goods are, in the opinion of the Warehouse 
Authority, excessive or unreasonable; cr 
(d) if the licensee has contravened or failed to comply 
with any of the provisions of this Act or the rules 
- made thereunder or of any terms and. conditions 
prescribed for the license. 
(2) Before passing an order under sub-section (1), the 
Warehouse Authority shall intimate to the licensee -the 
grounds on which it is proposed to cancel the license and 
give him a reasonable opportunity of showing cause. 
(3) In cases coming under clauses (c) and (d) of sub-
section (1), the Warehouse Authority, instead of proceeding 
Witter sub-section (1) or sub-section (2), may issue a warning 
to the licensee. 
(4) Where a license is cancelled by the Warehouse 
Authority it shall make an entry to that effect in the records 
of its office. It shall further publish a notice of such 
cancellation in the prescribed manner and the warehouseman 
shall be bound prominently to display a copy of such notice 
in front of the warehouse. 
8. Where a license expires or the renewal of a license 
is refused or where a license is cancelled, the licensee shall 
nevertheless continue to be liable for the goods already 
deposited with him and shall be bound by the terms and 
conditions of any warehouse receipts already issued in respect 
of any goods: 
Provided that the Warehouse Authority may, on the 
application of the depositor, require the warehouseman to 
transfer any goods deposited with him to another licensed 
warehouse chosen by the depositor on payment of the out-
standing ehargtes due to the warehouseman. 
CHAPTER III. 
Duties of Warehouseman. 
9. Every warehouseman shall take such care of the 
goods deposited in his warehouse as a man of ordinary 
prudence would take care of his own goods under similar 
circumstances and shall provide the depositors concerned with 
all reasonable facilities for inspection of the goods deposited, 
in such manner as may be prescribed by the Warehouse 
Authority. 
(a) 
Due 
mainte• 
nance of 
ware-
houses. 
Preserva-
tion of 
identity 
of goods. 
Goods 
deteriorat-
ing in 
warehouse 
and their 
disposal. 
Liability 
of ware-
houseman 
for 
shortage 
or excess 
in goods 
stored. 
4 	 The West Bengal Warehouses Adt, 1963. 
[West Ben. Act 
(Chapter 111.—Duties of Warehouseman.—Sections 
10-13.) 
10. (1) Every warehouseman shall maintain his ware-
house in accordance with the terms and conditions of the 
license. 
(2) No warehouseman shall accept for deposit any goods 
which are likely to cause damage to other goods that have 
been or may be deposited in the warehouse. 
11. Every warehouseman shall keep the goods of one 
depositor separate from the goods of other depositors and 
from other goods of the same depositor for which a separate 
warehouse receipt has been issued, in such a manner as to 
permit at all times of the identification and delivery of the 
goods deposited in his warehouse. 
12. (1) Whenever goods deposited in a licensed ware-
house deteriorate or show signs that they are about to 
deteriorate from causes beyond the control of the ware-
houseman, the warehouseman shall forthwith give notice of 
the fact to the depositor, requiring him to take delivery of 
the goods immediately, after surrendering the warehouse 
receipt duly discharged and paying all charges due to the 
warehouseman. and shall simultaneously send a copy of such 
notice to the local representative of the Warehouse Authority. 
(2) If the depositor does not, within a reasonable time, 
comply with the notice given to him under sub-section (1), 
the warehouseman may cause the goods to be removed from 
the warehouse and sold in the prescribed manner by 
public auction at the cost and risk of the depositor. 
(3) The proceeds of a sale held under sub-section (2) 
shall be made over by the warehouseman to the depositor 
after deducting therefrom all amounts due to the ware-
houseman on account Of charges for the storing of the goods 
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 
deemed to amount to deterioration or to show signs of 
deterioration, 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 goods 
stored in a licensed warehouse by absorption of moisture or 
other causes, the warehouseman shall not be entitled to 
such excess. 
(3) If there is any shortage in the goods stored in a 
licensed warehouse by dryage or shrinkage or other causes 
beyond the control of the warehouseman, the warehouseman 
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 warehouseman, the matter shall be referred to the 
Appellate Authority. 
The West Bengal Warehouses Ad, 1963. 	 5 
XLI of 1963.] 
(Chapter 111.—Duties of Warehouseman.—Sections 14-17.—
Chapter IV.—Inspection and Grading of goods.—
Sections 18, 19.) 
14. (1) Every warehouseman shall, in the absence of 
reasonable excuse, without unnecessary delay, deliver the 
goods deposited in his warehouse to the depositor on 
demand made by him and on surrender of the warehouse 
receipt duly discharged and payment of all charges due to 
the warehouseman. 
(2) Subject to any agreement between the warehouse-
man and the depositor, the depositor may take delivery of 
part of the goods deposited in a warehouse. 
15. Goods in a licensed warehouse shall be insured in 
the prescribed manner by the warehouseman against loss or 
damage by fire, theft, riot or civil commotion and also in 
respect of any particular class of goods or in respect of a 
warehouse situated in any particular class of localities, any 
other event as may be prescribed for such class of goods 
or such class of localities : 
Provided that a depositor may at his own cost -insure his 
goods against other risks. 
16. Save as provided in sub-section (2) of section 10, no 
warehouseman, in the conduct of his business, shall refuse 
to accept for deposit in his warehouse, goods tendered by 
any person when there is accommodation in his warehouse 
for storing such goods. 
17. A warehouseman shall maintain such accounts, 
books and records and in such form and manner as may be 
prescribed. 
CHAPTER IV. 
Inspection and Grading of goods. 
18. A Warehouse Authority may, at any time during 
business hours, inspect or examine or cause to be inspected 
or examined, by any officer authorised by it, any licensed 
warehouse, its machinery and equipment, goods deposited 
therein, or the accounts, books or records referred to in 
section 17, for the purpose of satisfying itself that the 
provisions of this Act and the rules made thereunder are 
being complied with. 
19. (1) The Prescribed Authorify may, on application 
made in the prescribed manner and on payment of the 
prescribed fee, issue licenses to persons possessing the 
prescribed qualifications, entitling them to act on the 
requisition of a depositor or a warehouseman as weighers, 
measurers, samplers and graders of any goods deposited or 
to be deposited in a licensed warehouse, and to issue certi-
ficates as to the weight, bulk, quality or grade of the goods 
which they have examined. 
(2) When any certificate is so issued on the requisition 
of a depositor or a warehouseman, it shall be binding on 
the depositor and the warehouseman as to the weight, bulk, 
quality or grade of the goods so certified: 
Delivery 
of goods. 
Insurance 
of goods in 
ware• 
houses. 
Discrimi-
nation 
prohibited. 
Accounts, 
etc., to 
be main. 
tained. 
Inspec-
tion. 
Licensing 
persons 
entitled to 
act as 
weighers, 
measurers, 
samplers 
and 
graders 
Certain 
provisions 
regarding 
licenses 
referred 
to in 
section 19. 
Facilities 
to be 
given for 
weighing 
goods, 
etc. 
6 	 The TVest Bengal Warehouses Act, 1963. 
[West Ben. Act 
(Chapter 1 -V.—Inspection and Grading of goods.—Sections 
20, 21.—Chapter V.—Warehouse Receipts.—Sections 
22-24.—Chapter VI.—Miseellaneous.—Section, 25.) 
Provided that if any dispute arises between the depositor 
and the person issuing the certificate or the warehouseman 
and such person or between two or more such persons as to 
the weight, bulk, quality or grade of goods, the matter 
shall be referred for decision to such. authority as may be 
prescribed for this purpose. 
20. (1) Every license granted to a person entitling him 
to act as a weigher, measurer, sampler and grader under sec-
tion 19 shall be valid for the prescribed period and may, 
on application and on payment of the prescribed fee, be 
renewed from time to time for the prescribed period by the 
Prescribed Authority. 
(2) The Prescribed Authority may, if there are sufficient 
grounds, cancel any such license, after communicating to 
the licensee the grounds on which it is proposed to take 
action and giving him a reasonable opportunity of showing 
cause. 
(3) The Prescribed Authority may, pending proceedings 
for cancellation of any such license, suspend the license. 
21. Every warehouseman shall provide facilities for 
weighing, measuring, sampling and grading any goods 
deposited in his warehouse. 
CHAPTER V. 
Warehouse Receipts. 
22. For the goods deposited in a licensed warehouse 
by each - depositor, the warehouseman shall issue a receipt 
in the prescribed form containing particulars relating to 
the goods. 
23. A warehouse 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 goods specified in it as if he were the original depositor. 
24. If a warehouse receipt is lost, destroyed, torn or 
defaced, the warehouseman shall, on application by the 
depositor and on payment by him of the prescribed fee, issue 
a duplicate warehouse receipt in accordance with such 
rules as may be prescribed. 
Ware. 
house 
receipts. 
Warehouse 
receipts 
to be 
transfer. 
able by 
endorse-
ment and 
delivery. 
Duplicate 
warehouse 
receipt. 
CHAPTER VI. 
Miscellaneous. 
Appeals. 	 25. (1) The State Government shall appoint an 
authority (elsewhere in this Act referred to as the Appellate 
Authority) for hearing and deciding— 
(i) appeals against any order refusing to grant or 
refusing to renew a license to a warehouseman; 
The West Bengal Warehouses Ad, 1963. 	 7 
XLI of 1963.] 
(Chapter VI.-11Liscellaneous.—Sections 26-32.) 
(ii) appeals against any order cancelling the license of 
a warehouseman; 
(iii) any reference under sub-section (4) of section 13; 
(iv) appeals against any decision of an authority 
referred to in the proviso to sub-section (2) of 
section 19. 
(2) The decision of the Appellate Authority shall be 
final. 
(3) The procedure to be followed in such appeals or 
reference, the fee and the period of limitation therefor, 
shall be such as may be prescribed. 
26. The State Government, if it thinks fit to do so in 
the public interest, may, by notification in the Official 
Gazette, make any alterations in the Schedule by making 
any modifications therein, or additions thereto or omissions 
therefrom, 
27. When a license under Chapter II or Chapter IV 
expires or when the renewal df such license is refused or 
when such license is cancelled, the licensee shall forthwith 
return the license to the Warehouse Authority or the 
Prescribed Authority, as the case may be. 
28. Where a license under Chapter II or Chapter IV is 
lost, destroyed, torn or defaced, the Warehouse Authority 
or the Prescribed Authority, as the case may be, shall, on 
application made in this behalf and on payment of the 
prescribed fee, issue a duplicate license in the prescribed, 
manner. 
29. Where any license under Chapter II or Chapter IV 
is cancelled, the licensee shall not be entitled to any com-
pensation therefor, nor shall he be entitled to the refund 
of any fee paid by him for the license. 
30. Notwithstanding anything contained elsewhere in 
this Act, a co-operative society shall be allowed such 
priorities for storing their goods as may be prescribed. 
31. The State Government may, by notification in the 
Ufficial Gazette, for reasons to be recorded, exempt any class 
of warehousemen from all or any of the provisions of this 
Act. 
Power to 
alter 
Schedule. 
Return of 
license. 
Duplicates 
of 
license. 
No 
compensa• 
tion for 
cancella. 
tion of 
license. 
Special 
provision 
for co• 
operative 
societies. 
Power to 
exempt. 
32. (1) Any person who— 
(a) acts or holds himself out as a warehouseman Penalty. 
without having a valid license under this Act, 
or 
8 	 The West Bengal Warehouses Act, 1963. 
West Ben. Act 
(Chapter VI.—Miscellaneous.—Sections 33, 34.) 
(b) acts or holds himself out as a person entitled to act 
as a weigher, measurer, sampler and grader 
under sub-section (1) of section 19 without 
having a valid license under this Act, or 
Bar of 
suits and legal proceed-ings. 
Rules. 
(c) knowingly contravenes any provisions of this Act or 
any rules made thereunder, 
shall be punishable with imprisonment for a term which 
may extend to one year or with fine which may extend to 
one thousand rupees or with both. 
(2) Where a person committing an offence under sub-
section (1) is a company or an association or a body of 
persons, whether incorporated or not, any person, by what-
ever name called, managing the affairs of such company, 
association or body, shall also be deemed to be guilty of 
such offence. 
33. No suit or legal proceeding shall lie against the 
State Government and no suit, prosecution or legal pro-
ceeding shall lie against any person for anything in good 
faith done or intended to be done under this Act or the 
rules made thereunder. 
34. (1) The State Government may make rules for 
carrying out the purposes of this Act. 
(2) In particular and without prejudice to the genera-
lity of the foregoing powers, such rules may provide for all 
or any of the following matters, namely:— 
(a) any matter which is required to be or may be 
prescribed under this Act ; 
(b) the publication, from time to time, of consolidated 
lists of warehousemen and licensed warehouses 
and supplements to such lists; 
(c) the refund of any fees or part of the fees paid when 
any application for a license or renewal of a 
license under Chapter II or Chapter IV is 
refused ; 
(d) the publication, from time to time, of consolidated 
lists of persons entitled to act as weighers, 
measurers, samplers and graders and supple-
ments to such lists; 
(e) the disinfection of licensed warehouses and of goods 
stored therein and the prevention of damage to 
goods by rodents, pests and noxious insects. 
(3) All rules made under this Act shall be subject to 
the condition of previous publication in the Official Gazette. 
The West Bengal Warehouses Act, 196'3. 
XLI of 1963.] 
(The Schedule.) 
THE SCHEDULE. 
[See section 2(3).1 
Cereals. 
1. Paddy and its products. 
. Rice and its products. 
3. Wheat and wheat products. 
4. Maize and its products. 
5. Barley and its product. 
6. Jewar. 
7. Bajra. 
Pulses (Whole and Split). 
8. Gram and its products. 
9. Ailing. 
10. Masur. 
11. Urid. 
12. Matar. 
13. Rahar. 
14. Fliesari.  
15. Chera (Barbati seeds). 
Spices. 
16. Turmeric. 
17. Cloves. 
18. Myrobalan. 
19. Cardamom. 
20. Betelnut. 
21. Chillies. 
22. Black pepper. 
23. White pepper. 
24. Aniseed (Mouri). 
25. Corriander (Dhania). 
26. Cumin seed (Zeera). 
27. Black cumin (lialauers). 
28. Methi seed. 
29. Onion. 
30. Garlic. 
31. Ginger. 
32. Katha. 
33. Cinamon. 
34. Ajwan. 
10 	 The West Bengal Warehouses Act, 1963. 
West Ben. Act 
(The Schedule.) 
Oil Seeds and Vegetable Oils. 
35. Linseed and its oil. 
36. Rape, Mustard and Toria. and their oil, 
37. Mohua and. its oil. 
38. Groundnut and its oil. 
39. Castor and its oil. 
40. Til and its oil. 
41. Copra and its oil. 
42. Oilcakes. 
Tobacco. 
43. 17nmanufactured Tobacco. 
44. Bidi Tobacco. 
Fibres. 
45. Raw Jute. 
46. Mesta. 
47. Raw Cotton (Ginned and unginned). 
48. Kapok. 
49. Raw Wool. 
50. Ramie and Sisal and Aloe. 
51. Pig Bristle. 
52. Horse Mane and Tail. 
53. &Linn hemp. 
Fruits and Vegetables, 
54. Coconut (dry). 
55. Almond. 
56. Raisins. 
57. Walnut. 
58. Cashew. 
59. Apricot. 
60. Dates (dry). 
61. Pesta. 
62. Potato. 
The West Bengal Warehouses Act, 1963. 	 11 
XLI of 1963.] 
(The Schedule.) 
Miscellaneous. 
63. Stick Lae. 
64. Seed Lac. 
65. Concentrated Cattle Fodder. 
66. Manures. 
67. Fertilizers. 
68. Agricultural implements. 
1,7sTBGp.61/ 5-2762 ei-5M 

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