State of Punjab - Act
The Punjab Warehouses Rules, 1958
PUNJAB
India
India
The Punjab Warehouses Rules, 1958
Rule THE-PUNJAB-WAREHOUSES-RULES-1958 of 1958
- Published on 24 September 1958
- Commenced on 24 September 1958
- [This is the version of this document from 24 September 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
These rules may be called the Punjab Warehouses Rules, 1958.2.
In these rules, unless there is anything repugnant to the subject or context, -3. Sections 4(i), 11 and 34(i).
4. Sections 43(2), 11 and 34(2)(a).
| (i) warehouse having a storage capacity up to 25,000 cft.... | Rs. 50 |
| (ii) for every additional 25,000 cft. storage capacity orfraction thereon. | Rs. 50 |
5. Sections 3 and 34(2)(b).
- A license under sub-section (2) of Section 4 of the Act shall be granted in Form III, subject to the following conditions :-6. Section 6.
- A license shall be granted for a period of one year provided that a license issued during a year shall expire on 31st December of the same year.7. Section 5(1)(c).
- An applicant for the license of a warehouse shall at the time of the application furnish to the Registrar a security deposit in cash or in Government securities assessed at Rs. 5 per hundred cft. of the storage capacity subject to a minimum of Rs. 100.8. Section 32(2)(c).
- The names and locations of the warehouses and the names and addresses of the warehousemen licensed under the Act, as on the 1st day of January every year shall be published in the Punjab Government Gazette before the 15th of February of the same year.9. Sections 9(2) and 34(2)(c).
- The orders passed under sub-section 9 of the Act, by the prescribed authority for the suspension, revocation or cancellation of a license shall take effect from the date of the communication of such orders. All cases of suspension, revocation or cancellation of the licenses shall be published in the Punjab Government Gazette.Deposit and Maintenance of Goods10. Sections 13(2), 16(1) and 34(1).
- Application for the deposit of goods shall be made to the warehouseman in Form IV and for delivery of goods shall be made in Form V.11. Sections 13(2), 16(1) and 34(1).
- The warehouseman shall issue receipts of the goods received by him in Form VI.12. Section 34(1).
- Every warehouseman shall send the names, addresses and signatures of the persons authorised to sign on behalf of the warehouseman, to the Registrar. In the case of any change made in the persons so authorised, information in respect of that shall be supplied immediately to the prescribed authority along with the names, addresses and signatures of the newly-authorised persons.13. Sections 27 and 34(1).
- Every warehouseman who issues a non-negotiable receipt shall cause to be marked upon it the words "Not Negotiable."14. Sections 28 and 34(1).
- An application for grant of a duplicate, receipt, if the original is lost or destroyed, shall be made by the depositor to the warehouseman and shall be accompanied by -15. Sections 28 and 34(1).
- On receipt of application, the fact that the receipt is lost shall be published by the warehouseman, at least in one local newspaper giving one month's clear notice of the issue of a duplicate receipt thereof. The expenses in this regard shall be borne by the applicant.16. Sections 28 and 34(1).
- After the expiry of the period referred to in the preceding rule, a duplicate receipt stamped as "duplicate" shall be issued by the warehouseman.17. Sections 28 and 34(1).
- The original receipt, after the issue of a duplicate receipt, if produced, shall not be made use of.18. Sections 27 and 34(1).
- Every depositor shall supply copies under his signatures of any endorsement regarding transfer, mortgage or encumbrance of goods as may be recorded on the warehouse receipt within 48 hours from making such endorsement.19. Sections 19 and 34(1).
- No warehouseman shall levy or recover charges for his services in excess of the schedule of charges filed by him and approved by the Registrar. A provision shall be made for allowing a concession of 10 per cent to co-operative societies in the schedule of charges.20. Sections 19 and 34(1).
- Every warehouseman shall display conspicuously the approved schedule of charges at his principal place of business where receipts are delivered to the creditors.21. Sections 13(1) and 38(1).
- Every warehouseman shall maintain his warehouse in accordance with the directions issued by the Registrar, from time to time, in this behalf and in particular shall keep its warehouse in the following manner:-22. Sections 19 and 34(1).
- Every warehouseman shall keep his warehouse clean, free from straw, rubbish or accumulation or materials which may increase the risk of fire or interfere with the handling of goods.23. Section 18.
- Each warehouseman shall insure the goods, stored in the warehouse against loss or damage by fire, riot or floods for an amount not less than the market value of the goods on the date on which they were deposited in the warehouse. The insurance shall be made with a company which is on the list of companies approved for this purpose by the Registrar.24. Section 18.
- Every warehouseman shall be entitled to recover from the depositor of goods or its owner the insurance premia and other incidental expenses incurred by him for insurance of goods stored in his warehouse.25. Sections 13(1) and 34(1).
- Every warehouseman shall keep the goods stored in his warehouse in an orderly manner so as to permit easy access of all lots and to facilitate inspecting, sampling, counting and identification of each lot.26. Section 34(1).
- Whenever any quality, standard or grade of any of the goods stored in warehouse is stated or is required to be stated for the purposes of the Act, it shall be in accordance with the quality, standard or grades, if any, determined for the particular goods by the Registrar from time to time.27. Sections 27 and 34(1).
- If a warehouseman delivers part of the goods for which a negotiable receipt has been issued, he shall record this fact clearly on the receipt. On his failure to make such entry on the receipt, the warehouseman shall be liable to deliver all the goods specified in the receipt; to any one who purchases the same in good faith and for valuable consideration whether the purchaser acquired title to the receipt before or after the delivery of any portion of the goods.28. Sections 15(1) and 34(2)(g).
- The warehouseman shall not be responsible for any shortage caused to goods stored in his warehouse by the drayage or other causes within the limits fixed in each case by the Registrar.29. Sections 17(4) and 34(2)(a).
- In the event of any dispute arising as to whether the shortage or excess is due to drayage or absorption of moisture or is due to other causes beyond the warehouseman's control, the matter shall be referred to appellate authority specified in rule 51 whose decision shall be final and binding.30. Section 34(1).
- All goods for storage shall be delivered at the warehouse, properly marked and packed for handling. The depositor shall furnish at or prior to such delivery a manifest showing marks, brands or sizes to be kept and accounted for separately and the class of storage desired, otherwise the goods may be stored in bulk or assorted lots in the discretion of the warehouseman and will be charged for accordingly.31. Sections 16 and 34(17).
- All goods shall be stored on a month-to-month basis, unless otherwise provided. A storage month shall extend from a date in one calender month to, but not including, the same date of the next and all succeeding calendar month. When the last day of the final storage month falls on Sunday or a holiday that month shall be deemed to expire on the next succeeding business day. All charges including storage and insurance, etc., shall be on monthly basis unless otherwise provided.32. Sections 16 and 34(1).
- When a negotiable receipt has been issued goods covered by that receipt shall not be delivered unless the receipt properly endorsed is surrendered for cancellation or for endorsement of partial delivery thereon.33. Sections 16 and 34(1).
- In case a negotiable receipt is lost or destroyed goods covered by it shall not be delivered until the person lawfully entitled to the possession of goods produces a duplicate receipt.34. Section 15(1).
- In the case of the deterioration of goods, the warehouseman shall serve the depositor with a notice of such period as may be fixed by the Registrar requiring him to remove the goods.35. Section 15(2).
- On failure of the depositor to remove the goods within the period fixed under Rule 34, the warehouseman shall proceed to sell the goods by public auction.36. Section 15(2).
- The public auction shall take place in front of the warehouse or in the regulated market as may be deemed fit by the warehouseman. The warehouseman shall cause to proclaim the fact of auction by beat of drum atleast two days prior to the auction at the place where auction is to take place.37. Section 34(1).
- Every warehouseman shall be bound to render to the depositor correct accounts and tender to him payment of the sale proceeds of goods realised after deducting all charges legally due to him including all reasonable charges for the removal of goods and sale by public auction, within a period not exceeding fifteen days from the date of such sale. He shall make such payment to the depositor on surrender by him of the receipt duly discharged.38. Section 34(1).
- No warehouseman shall remove any goods stored in the warehouse or transfer them to another warehouse without first obtaining the receipt in respect thereof, cancelling the same after issuing a new receipt.Weighers, Samplers and Classifiers39. Section 23(1).
- Applications for licenses as weighers, samplers or classifiers may be given by persons, having qualifications as laid down by the Registrar and such applications shall be accompanied by a fee of Rs. 5 and shall be made in writing to the Registrar. The Registrar after making such enquiries, as may be considered necessary, issue a licence on execution of an agreement by the applicant in such form as he may direct. The licence shall be issued subject to the following conditions :-40. Section 24(1).
- A licence issued to a weigher, sampler or classifier shall remain in force from the date on which it is granted till the 31st December of the same year.41. Section 23(1).
- The certificate to be issued by weighers, samplers or classifiers shall be in Form X.42. Section 24.
- Applications for renewal of licenses issued to weighers, samplers and classifiers shall be made atleast one month prior to the termination of the licences and such applications shall be accompanied by a fee of Rs. 5/-. The conditions for the renewal of licence shall be the same as those on which a new licence is issued.43. Section 24.
- If the original licence is lost or destroyed, a duplicate thereof shall be issued on payment of a fee of Rs. 5/-. Such duplicate licence shall be stamped "Duplicate".44. Sections 23(2) and 34(1).
45. Sections 10 and 24(4).
- When a license granted to a warehouseman or weigher, sampler or classifier under the Act expires or when it is revoked, cancelled or suspended, it shall be returned to the Registrar within 7 days of such expiration, revocation, cancellation or suspension.46. Section 9(1).
- At least a week's notice shall be given for suspension, revocation or cancellation of a license under sub-section (1) of Section 9 of the Act. The notice shall be sent by registered post. If the warehouseman fails to show cause within specified time the prescribed authority may decide the matter without giving any further notice.47. Section 34(1).
- Where a license is held by a partner firm and such partnership is dissolved, every partner of the firm shall send a report of dissolution to the Registrar within a week of the dissolution.48. Section 34(2)(b).
- Every warehouseman shall use only such standard scales, weights and measures and weighing or measuring machines as may be approved by the Registrar.49. Section 21.
- A warehouseman shall maintain the account books and such other records connected with accounts in such form and manner as may be directed by Registrar and in particular shall maintain -50. Section 34(1).
- Every warehouseman shall from time to time, make such reports as may be required by the Registrar concerning his business as a warehouseman.51.
2. I/We agree to abide by the terms and conditions of the license, to be granted.
3. I/We have paid Rs.----------------------as license fee in---------------Treasury/Sub-Treasury.
4. I/We agree to abide by the provisions of the Punjab Warehouses Act, 1957, and the Punjab Warehouses Rules, 1958, and also to the terms and conditions regarding the maintenance of a Warehouse and any orders issued by the Registrar or such other Officer as may be authorised by the Government in this behalf.
5. I/We hereby solemnly declare that all information herein given is true to the best of my/our knowledge and that in case it proves to be untrue, I/We undertake to indemnify persons concerned in this business against any loss arising out of such false or untrue information.
6. I/We declare that each of the warehouses specified below is suitable for the storage of goods, respectively mentioned against it and that it is in good condition.
7. I/We undertake to execute the security bond of the required amount and in the manner prescribed under rule--------------of the Punjab Warehouses Rules, 1958.
Date.Signatures.Description of premises to be used as warehouse or warehouses.1. Village or Town----------------------Tehsil-------------------Date--------------
2. House No.
| Serial No. | Description of each | Detailed description/purpose of the warehouse |
3. Area
4. Storage capacity
5. Suitability regarding storage of goods for which it is to be used.
6. Quantities and varieties of goods stored in the previous year, if any
7. Estimated quantity of goods to be stored during the period of license
Form II(See Rule 3)(Application for issue of duplicate license)ToThe Assistant Registrar,Co-operative Societies,--------------------------------Sir,I/We-----------------------, s/o--------------------, Village------------, P.O.--------------------, Tehsil-----------------------, District------------ request that my/our warehouse License No.-----------------granted on--------for the period ending------------------for the area has been lost/destroyed in the following circumstances :2. I/We therefore request you to grant me/us a duplicate license on the same terms and conditions on which the aforesaid license was granted.
3. I/We affix stamp in payment of the fee of Rs. 5.
4. I/We hereby solemnly declare that the information herein given is true to the best of my/our knowledge.
Witness 1.Witness 2.DateSignatureForm III(See Rule 5)(Form for issue license)License for carrying on the business of a warehouseman.License No._______________of 19License is hereby granted to-----------------------(hereinafter referred to as the licensee), on payment of a fee of Rs.---------------for the conduct of the business of a warehouseman in the warehouse situated at------------subject to the provisions of the Punjab Warehouse Act, 1957, and the rules made thereunder and on the following conditions namely :-| Date of Renewal | Period for which renewed | Signature of Registrar and |
| Description of the goods | No. of packages, bags and quantities with distinguishingmark, if any | Measurement or/and weight | Market price at______ | Total valuation of goods | Remarks, if any |
| Description of goods | Number of packages, etc. | Weight or/and measurement | Market Price | Special marks, if any | Remarks |
| Date | Quantity released | Quantity due on receipt |
| Serial No. of Receipt | ... |
| Location and No. of warehouse | ... |
| Warehouseman's Licence No. | ... |
| Valid up to | ... |
| Date of issue of receipt | ... |
| Received from | ... |
| Description | ... |
| Kind | Class or standard quantity and/or grade | Number of packages lots | Net quantity in maunds by weight or measure | Name and/or Licence No. of the weigher/classifier /Sampler | |||
| Godown No. | to | ; whose name hires | Date payable |
| situated at | Date paid. | ||
| Owner's name | Reference to policies of InsuranceName of Companies withwhichinsured Amounts for which insured. |
| Date of Deposit | Name of person who deposited the goods | Description and Quantity of goods Received and special Markon goods, if any | Description of goods Released or Delivered | |||||||
| | No. of receipts issued | |- | (a) | (b)No. of units | (c)Weight and or measurement | Grade or quantity standard | (d)Special and make, if any then specify | (a)No. of units | (b)Weight or/and measurement | (c)Grade or quantity standard | |
| 1 | 2 | 3 | 4 | 5 | ||||||
| Balance of stock | ||||||
| Delivery order No. | | Market price of goods on the date of deposit | Initials of the godown-keeper for having received ordelivered the goods | Initials of Checking officer or the dates of checking | Remarks, if any, of the inspecting officer | Reference to Ledger | |
| Nos. or unitsWeight or / and measurement | Grade or quantity standard | |||||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Deposit No. | Godown No. | |
| Name of the Depositor | Particulars of Insurance. | |
| Address of the Depositor | No. of Policies | |
| Reference to | Godown Registration No. | ----------------------- |
| Amount Period | ||
| specimen signature card. | Date of expiry |
| Description of Goods Received | Description of Goods Released or Delivered | Particulars of Payment made by Depositor | ||||||
| Date of deposit | Expenses of stacking or cleansing and charges of safe custody | Goods Receipt No. | (a)No. of packages or bags or quantity (special work ongoods, if any) | (b)Weight or / and measurement | (c)Grade or quality standard | (a)No. of packages or bags or quantity | (b)Weight or / and measurement | (c)Grade or quantity standard |
| 1 | 2 | 3 | 4 | 5 |
| (a)Date of payment | (b)Amount | Delivery order No. | Initials of godown-keeper | No. of packages | Weight or / and measurement | Grade or quality standard | Market price of goods deposited on the date of deposit |
| 6 | 7 | 8 | 9 | 10 |
| Name of transferee to whom goods are transferred or by whomthey are held as security for advances, if any | Reference to the instrument or document transferringpossession | Remarks | ||||||
| 11 | 12 | 13 | ||||||
| Name of depositor | Warehouse Receipt No. | Value of goods | Amount for which insured | Period for which insured | Name of Insurance Company with which insured | Number of Insurance policy | Amount of Insurance charge(s) | Amount of other expenses | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |