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Union of India - Section

Section 37 in The Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017

37. Transition provisions.

(1)Subject to the provisions of this rule, the registration of a warehouse registered prior to the commencement of these rules shall continue to be valid for its remaining period of registration.
(2)Warehouse registered with the Authority prior to the commencement of these rules shall have to comply with the requirements stated in rules 22, 23, 24, 25, 26, 27, 28 and 29 within [one year] [Substituted 'six months' by Notification No. G.S.R. 1040(E), dated 22.8.2017 (w.e.f. 23.2.2017).] from such commencement.
(3)A warehouseman registered with the Authority in respect of one or more warehouses prior to the commencement of these rules shall, within thirty days of such commencement, furnish to the Authority -
(a)the name of his employer who is the owner of the warehousing business, if the warehouse is owned by such owner;
(b)the name of his employer who is the owner of the warehousing business, if the warehouse has been hired or leased by such owner; or
(c)a declaration that he is the owner of the warehousing business, if the warehouseman is the owner of the warehousing business.
(4)The owner of the warehousing business shall also furnish -
(a)a declaration of the warehouseman confirming that he is the owner of the warehousing business, and that the details furnished by the warehouseman under this rule are true and correct; and
(b)a declaration that he shall comply with the requirements of these rules within the stipulated time.
(5)A declaration from the owner of the warehousing business shall not be required under sub- rule (4) if such person is the warehouseman prior to the commencement of these rules.
(6)The registration of a warehouse registered with the Authority prior to the commencement of these rules shall lapse automatically, if the owner of the warehousing business fails to comply with the requirements under this rule.The First Schedule[See rules 2(1) (e) and 15(2) (b)]Documents to demonstrate effective control of warehouse concerned by applicantThe applicant must submit any one of the following documents to exhibit effective control over the warehouse concerned -
(1)a copy of the lease deed or rent agreement in respect of the warehouse concerned, or any other document evidencing a lease or rent, in favour of the applicant;
(2)in case of sub-lease, a copy of the lease deed indicating that sub-leasing is permitted, and a copy of the sub-lease deed. The lease deed must permit a sub-lease with effective control over the warehouse concerned;
(3)a revenue sharing agreement in respect of the warehouse concerned, with clear responsibility of the applicant to manage and operate the warehouse;
(4)no objection certificate from the municipal corporation/ panchayat/ local body, as the case may be, for carrying out the business of warehousing in favour of the applicant on land owned by the municipal corporation/ panchayat/ local body;
(5)copy of lease document from the concerned Agricultural Produce Marketing Committee or Board indicating lawful possession of land/ warehouse in favour of the applicant; or
(6)copy of the allotment letter by respective State Government indicating lawful possession of land/ warehouse, in favour of the applicant.The Second Schedule[See rules 4(1) and 13(1)]Application for the Registration/ Renewal of Registration of Warehouse
Recent passport size
Photo of the applicant or authorized representative of theapplicant, who signs the application form
ToThe Warehousing Development and Regulatory Authority.............................................................................................. New Delhi-110016Subject: Application for registration/ renewal of registration of Warehouse(s) at............................................Tehsil/ Taluka................. District................Dear Sirs,I/ we ................................... (Name) working as ..........................(designation) in .........................................................(name of the organization) having its registered office at ............................... request for grant of registration/ renewal of registration for carrying on the business of warehousing and accordingly submit the following information.(strikeI. Information concerning the applicant:
1 Name of the applicant*  
2 Address of the applicant (please attach proof of address)  
3 E-mail  
4 Phone number with STD codeMobile number  
5 Whether the application is in respect of anexisting warehouseman? If yes, please mention the warehousemanidentification number given in any earlier certificate ofregistration obtained  
6 Type of entity (Company/ PSU/ Partnership firm/ CooperativeSociety/ Society/ Trust/ Individual)  
7 Please furnish a copyof the identity proof of the applicant (refer the Fifth Scheduleof Warehousing (Development and Regulation) Registration ofWarehouses Rules 2017)(If the application is in respect of entityother than a natural person (individual), one of the documentsattached should state that one of the objectives of the entity isto carry on the warehousing business  
8 If the application issubmitted by an authorized representative of the applicant (otherthan a natural person/ individual), please indicate the address,e-mail and phone/ mobile numbers of the authorized representativeand attach copy of the proof of address as per serial number 1 ofthe Fifth Schedule of Warehousing (Development and Regulation)Registration of Warehouses Rules 2017 and any one of thefollowing documents :(i) power of attorney:(ii) board resolution authorizingthe representative;(iii) boardresolution in favour of the person providing a letter ofauthorization in favour of the authorized representative; or,(iv) a letter of authorization from thegoverning body of the trust, society, partnership firm, as thecase may be (the governing body shall be the body constituted bysuch organization under its registered incorporation documents)..  
9 Details of Insurance Policies covering thewarehouse applied (as per rule 17 of the Warehousing (Developmentand Regulation) Registration of Warehouses Rules 2017) Pleaseattach photocopies of the insurance policies.  
10 Net-worth of the entity for the previousfinancial year. (Please attach proof as per rule 18 (5) of theWarehousing (Development and Regulation) Registration ofWarehouses Rules 2017)  
11 Please attach one set of Standard OperatingProcedure as per rule 21 of the Warehousing (Development andRegulation) Registration of Warehouses Rules, 2017)  
12 Number of warehouse(s) for which registration is applied for  
(Note: In case the application is with respect to an existing warehouseman and there is no change in serial number 1-11 only serial number 1,5 and 12 would need to be filled. However, in case of any change in any of the particulars listed at serial number 1-11, the same shall also be provided.)II. Information pertaining to the Warehouse for which registration is sought:(to be submitted separately for each warehouse)