Section 33 in The Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017
33. Cancellation of registration.
(1)The Authority may cancel the registration of a warehouse if, -(a)the warehouse is in violation of the infrastructure requirements set out in rule 20;(b)the warehouseman is no longer able to demonstrate ownership of, or effective control over, the warehouse;(c)the warehouseman is no longer a fit and proper person as per rule 16;(d)warehouseman violates the net worth requirements under rule 18;(e)the warehouseman has been repeatedly suspended for a violation of any of the provisions of these rules;(f)the registration of the warehouse has been suspended and the warehouseman fails to comply with the requirements specified in the show-cause notice issued to it under sub-rule (2) of rule 30;(g)the warehouseman does not cooperate in any enquiry, inspection or audit conducted by the Authority or external person;(h)the warehouseman fails to comply with any corrective action required as a result of any enquiry, inspection or audit conducted by the Authority or external persons; or(i)the order suspending the registration of the warehouse has been issued more than once.(2)The Authority shall not cancel the registration of a warehouse, except after holding an enquiry in accordance with this rule.(3)The Authority, or the enquiry officer appointed by the Authority, under this rule, shall issue a show cause notice to the warehouseman which includes the following details -(a)the specific requirements under the Act or these rules that the warehouseman or the registered warehouse violates;(b)the information which would enable the Authority to satisfy itself regarding the violation; and(c)the time limit within which the notice must be replied to.(4)The Authority or the enquiry officer making any enquiry under sub-rule (3) shall allow the warehouseman -(a)access to all the material considered in taking the decision to issue a show cause notice;(b)access to any material that was collected in the course of any inspection or investigation under the Act used in taking the decision to issue the show cause notice; and(c)access to any recorded conclusions or findings that the Authority drew based on material collected during any inspection or investigation under the Act used in taking the decision to issue the show cause notice.(5)The Authority or the enquiry officer may conduct, or cause to be conducted by an external person, an inspection of such warehouses, to examine the compliance with the provisions of this Act, or rules, regulations or guidelines made or any notifications issued thereunder.(6)Where an enquiry officer is appointed, such officer shall submit an enquiry report to the Authority after considering all the facts and the submissions made by the warehouseman.(7)The enquiry report submitted by the enquiry officer under sub-rule (6) shall include the following -(a)copy of the show cause notice;(b)all material considered in taking the decision to issue the show cause notice;(c)copy of all communications and submissions made by the warehouseman to the enquiry officer in respect of the show cause notice;(d)copy of all material considered during the investigation;(e)findings of the investigation;(f)specific violations by the warehouseman under this Act or these rules which make him liable for action; and(g)name of the enquiry officer, or official of the Authority if an enquiry officer is not appointed.(8)The Authority shall issue an order on the basis of the enquiry report or on the basis of all the facts and the submissions made by the warehouseman before it and communicate to the warehouseman.(9)The order issued by the Authority shall contain the following information, namely:-(a)the decision taken by the authority;(b)the materials on which the Authority has relied upon to arrive at such decision;(c)the reasons to take such decision; ;(d)any right that the applicant may have to get the matter referred to the Appellate Authority; and(e)the procedure of such reference.(10)The Authority shall issue an order in respect of each warehouse whose registration is canceled.
