Union of India - Act
The Central Warehousing Corporation Rules, 1963
UNION OF INDIA
India
India
The Central Warehousing Corporation Rules, 1963
Rule THE-CENTRAL-WAREHOUSING-CORPORATION-RULES-1963 of 1963
- Published on 6 April 1963
- Commenced on 6 April 1963
- [This is the version of this document from 6 April 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
1756.
G.S.R. 635, dated the 6th April, 1963. - In exercise of the powers conferred by Section 41 of the Warehousing Corporations Act, 1962 (58 of 1962), the Central Government hereby makes the following rules, namely:Chapter I
PRELIMINARY
1. Short title.
- These rules maybe called the Central Warehousing Corporation Rules, 1963.2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
NOMINATION AND ELECTION OF DIRECTORS AND APPOINTMENT OF FINANCIAL ADVISER
3. [ Nomination of directors. [Substituted by Notification No. G.S.R. 732(E) dated 30.11.2006 (w.e.f. 6.4.1963).]
- The Central Government shall nominate the following persons as directors under clause (a) of sub-section (1) of Section 7, namely:-4. Term of office of directors and filling of casual vacancies among directors.
5. Election of directors to Executive Committee.
-The Board shall elect from among themselves two directors one of whom shall be from among the three directors referred to in clauses (d), (e) and (ft of sub-section (1) of section 7.6. Resignation of non-official members of the Executive Committee.
- A director nominated under clause (b) or clause (c), or a director elected under clause (d), clause (e) or clause (f), of sub-section (1) of section 7, may resign his office by writing addressed to the Chairman and such resignation shall be effective from the date on which it is accepted by the Chairman or on the expiry of a period of one month from the date of its receipt by the Chairman, whichever is earlier :Provided that every resignation of a director nominated under the said clause (b) or clause (c) shall be addressed to the Chairman through the authority which nominated him as director.7. Sub-Committees.
- The Board may appoint as many sub-committees from among its directors as it may deem necessary for the efficient performance of its functions.8. Filling of vacancies.
- Any vacancy arising among directors. elected in pursuance of clauses (d), (e) and (f) sub-section 7 shall be filled within three months from the date when such vacancy occurs.9. Nomination of candidates for directorship.
10. Publication of list of candidates for directorship.
11. Preparation of list of shareholders.
12. Particulars relating to vacancy to be specified and manner of election.
-13. Publication of names of directors elected.
- The names and addresses of the directors declared duly elected shall be published in the Gazette of India.14. Appointment of Financial Adviser.
- The board shall appoint, with the approval of the Central Government, a Financial Adviser to advise the Corporation on all matters relating to revenue and expenditure.Chapter III
SHARES OF THE CORPORATION
15. Shares to be movable property.
- The shares of the Corporation shall be movable property.16. The shares to be under the control of the Board.
- Subject to the provisions of the Act and these rules, the shares of the Corporation shall be under the control of the Board.17. Conditions of first allotment of shares.
18. Joint holding of shares.
- The Corporation shall not recognize the joint holding of shares.19. Share Register.
20. Inspection of Register.
21. Closure of Register.
- The Board may, by giving notice by advertisement, close the register for a period of forty-five days in any year, but not exceeding thirty days at one time, as may be necessary.22. Share Certificate.
23. Entitlement of share Certificate.
24. Issues of new certificate in place of worn-out, defaced, etc., certificates,
25. Corporation to have lien on shares.
- The Corporation shall have a first lien on all shares registered in the name of each shareholder and on the proceeds of the sale thereof for its debts, liabilities and engagements, solely or jointly, with any other person to or with the Corporation, whether the period for payment, fulfilment or discharge thereof shall have actually arrived or not; and such lien shall extend to all dividends declared from time to time in respect of such shares, Unless otherwise agreed, the registration of a s transfer of shares shall separate as a waiver of the Corporation's lien, if any, on such shares.26. Shareholders disqualified to give intimation to the Board.
27. Instalments on shares to be duly paid.
- If, by the condition of allotment of any share, the whole or any part of the amount or issue price thereof shall be payable by instalments, every such instalment shall, when due, be paid to the Corporation by the institution which, for the time being, shall be the registered holder of the share.28. Trust not recognised.
- Save as here in otherwise provided, the Corporation shall be entitled to treat the registered holder of any share as the absolute owner thereof and accordingly, shall not, except as ordered by a court of competent jurisdiction or as by statute required be bound to recognise any equitable or other claim to any interest in such share on the part of any other person.29. Calls.
- The Board may, from time to time, make such calls as it thinks fit, upon the shareholders in respect of moneys unpaid on the shares held by them repetitively and not by the conditions of allotment thereof made payable at fixed times and each shareholder shall pay the amount of every call so made on such shareholder to the persons and at the times and places appointed by the Board.30. Power of Corporation to fix different call amounts.
- The Corporation may, for reasons to be recorded in writing, fix different amounts to be paid by different classes of shareholders on calls made by it and different times of payment of such amounts.31. When calls deemed to have been made.
- A call shall be deemed to have been made at the time when the resolution of the Board authorising such can was passed and a notice of call issued to the shareholders specifying the time and place of payment and to whom such call shall be paid. Not less than fifteen days time from the date of issue of such notice shall be given to the shareholders for such payment.32. Payment of interest on call or instalment.
33. Evidence in action for call.
- At the trial or hearing of any action for the recovery of any money due for any call, it shall be sufficient to prove that the name of the shareholder sued is entered in the register as a holder, that the resolution making the call is duly recorded in the minute book, in pursuance of these rules; and it shall not be necessary to prove the constitution of the Board which makes such call or other matter what so ever, but the proof of the matter aforesaid shall be a conclusive evidence of the debt.34. Payment of calls in advance
- The Board may, if it thinks fit, receive from any shareholder willing to advance the same all or any part of the capital due upon the shares held by such shareholder beyond the sums actually called for; and upon the amount so paid in advance or so much thereof as from time to time exceeds the amount of the calls then made upon the shares in respect of which such advance has been made, the Corporation may pay interest at such rate as the shareholder paying such sum in advance and the board may agree upon.35. Payment of allotment money to be deemed as all.
36. Notice to be served on defaulting shareholders.
- If any shareholder fails to pay any call or instalment on or before the day appointed for the payment of the same, the Board may at any time thereafter, during such time as the call or instalment remains unpaid, serve notice on such shareholder requiring the shareholder to pay the sum together with any interest that may have accurred and all expenses that may have been incurred by the Corporation by reason of such non-payment.37. Form of notice for payment of call or instalment etc.
- The notice for payment of call or instalment shall name a day and a place or places on and at which such call or instalment and such interest and expenses are to be paid. Such notice shall also state that in the event of non-payment at or before the time and at the place or places appointed, the shares in respect of which a call was made or instalment is payable, will be liable to be forfeited.38. Forfeiture of shares.
- If any notice served under rule 36 is not complied with, any shares in respect of which notice has been given may, at any time after service of the notice but before payment of all calls or instalments, interest and expenses, due in respect thereof, be forfeited by a resolution of the Board to that effect. Such forfeiture shall include all dividends declared in respect of the forfeited shares and not actually paid before the forfeiture.39. Shares forfeited to be property of Corporation.
- Any share forfeited under rule 38 shall be deemed to be the property of the corporation and the Board may sell real lot or otherwise dispose of the same in such manner as it thinks fit, subject to the provisions of section 4.40. Power to annul forfeiture.
- The board may, at any time before any shares forfeited under rule 38 are sold, re-allowed or otherwise disposed of annul the forfeiture thereof upon such conditions as it thinks fit.41. Payment of arrears.
- Any shareholder whose shares have been forfeited under rule 38 shall notwithstanding the forfeiture, be liable to pay all moneys inclusive of interest and expenses owing upon or in respect of such arrears at the time of forfeiture together with interest thereon from the date of forfeiture until payment at nine per cent. per annum.42. Dividend.
Chapter IV
MISCELLANEOUS
43. Maintenance of and operation upon Bank Accounts and investment.
44. Deposit in Bank or investment in securities of surplus funds.
45. [ Annual Statement of Account and Balance Sheet. [Substituted by G.S.R. 1266, dated 31.8.1964]
- The Board shall cause the books of the Corporation to be balanced on the last working day of the month of March in each year and the annual accounts shall be set out as follows :-| Previous year | Capitaland Liabilities | Currentyear | Previousyear | Propertyand Assets | Currentyear | ||
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | ||
| 1. WEREHOUSING FUND : | 1. LOANS TO : | ||||||
| (I) Opening Balance Add/Less: Surplus or Deficit as per Incomeand Expenditure Account | (a) State Government :Section 16(2)(a) …..Section 16(2)(b) ......(b) State Warehousing Corporations............. | ||||||
| (II) Loans from Central Govt. under section 16(1)(b) | 2. ADVANCES :3. INVESTMENTS AT COST : | ||||||
| Opening Balance | (a) Central Govt. Securities. | ||||||
| Add : Loans received during the year..... | (b) State Govt. Securities | ||||||
| Less : Loans repaid during the year....... | (State details of paid-up and make values) | ||||||
| 4. INTEREST RECOVERABLE ON : | |||||||
| 2. CURRENT LIABILITIES | (1) Loans to -(I) State Government.. | ||||||
| (a) Interest on loans from Central Government.... | (ii) State Warehousing Corporations.. | ||||||
| (b) Others... | (2) Advances ….(3) Investment.... | ||||||
| 5. GRANTS ETC. RECEIVABLE. | |||||||
| 6. BANK BALANCES : | |||||||
| (a) Fixed Deposit..(b) Current Account … | |||||||
| TOTAL Rs. | TOTAL Rs. |
| Previous year | Expenditure | Current year | Previous year | Income | Current year | ||
| Rs. | Rs. | Rs | Rs. | Rs. | Rs. | Rs. | |
| 1. INTEREST ON LOANS THE CENTRAL GOVERNMENT.. | 1. GRANTS RECEIVED FROM CENTRAL GOVERNMENT UNDER SECTION16(1)(B)... | ||||||
| 2. SUBSIDIES TO :-(a) State Government...(b) State Warhousing Corporations........ | 2. INTEREST ON :-(a) Loans to State Government under section 16(2)(b)(b) Loans to State Government under section 16(2)(b)(c)Loans to State Warehousing Corporations.....(d) Central Government Securities..........(e) State Government Securities(f) Bank Deposits... | ||||||
| 3. ADMINISTRATIVE EXPENSES(Specify details, if necessary) | 3. REFUND OF SUBSIDIES (UNUTILISED BY) :(a) State Governments..(b) State Warehousing Corporations.. | ||||||
| 4. REMISSION.... | 4. EXCESS OF EXPENDITURE OVER INCOME CARRIED TO WAREHOUSINGFUND ACCOUNT... | ||||||
| 5. EXCESS OF EXPENDITURE OVER INCOME CARRIED TO WAREHOUSINGFUND ACCOUNT... | |||||||
| TOTAL Rs. ______________ | TOTAL Rs. ________________ |
| Previousyear | Capitaland Liabilities | Currentyear | Previousyear | Propertyand Assets | Currentyear | ||
| Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | ||
| 1. SHARE CAPITAL :-(a) AUTHORISED…............Shares of Rs.........each.(b) ISSUED….....Shares of Rs..........each.(Guaranteed by Government under section 5).(c)SUBSCRIBED…......Shares of Rs.........each fully/party called up.(See Scheduled I for details) | 1. FIXED ASSETS (As per Schedule II attached) | ||||||
| Less : Calls in arrears due....Add : Shares forfeited | |||||||
| 2. RESERVES :-(a) Reserve Fund under section 30(1).(b) Reserve for Bad & Doubtful debts..(c)Other Reserve....... | 2. INVESTMENT AT COST :-(a) Central Govt. Securities(Market & paid-up values also to be indicated).(b) State Govt. Securities(c)State Warehousing Corporations (See Schedule III)(d) Others......... | ||||||
| 3. BONDS | 3. GUARANTEES BY GOVERNMENT FOR PAYMENT OF DIVIDENS/INTEREST(As per contra). | ||||||
| 4. DEBENTURES | Secured by …........ | 4. INTEREST ACCRUED ON INVESTMENTS. | |||||
| 5. BORROWINGS FROM :-(a) Reserve Bank of India under section 27(2)(i)(b) State Bank of India(c)Central Government Secured by. | 5. CURRENT ASSETS :-(a) Stores & Spares(b) Loose Tools (At cost or.....)(c)Stock in Trade(d) Warehousing & other charges accrued(e) Sundry Debtors (Considered good & considered doubtfulto be specified)(f) Loans and Advances | ||||||
| 6. ADVANCES FOR PURCHASE OF AGRICULTURAL AND NOTIFIEDCOMMODITIES UNDER SECTION 11(e) | 6. ADVANCES TO STATE WAREHOUSING CORPORATIONS FOR PURCHASE OFAGRICULTURAL AND NOTIFIED COMMODITIES UNDERSECTION 24(d) | ||||||
| 7. SUBVENTION FROM CENTRAL GOVERNMENT FOR PATENT OF :(a) Guaranteed Dividend(b) Interest | 7. ESTIMATED VALUE OF STOCK OF COMMODITIES HELD AS AGENT OFGOVERNMENT | ||||||
| 8.OUTSTANDING LIABILITIES | 8. CASH AND BANK BALANCES :-(a) Cash in hand.(b) Cash in the banks :-(i)Reserve Bank of India(ii) State Bank of India(iii) Co-operative Banks(iv) Others | ||||||
| 9. PROVISION FOR TAXES | 9. PROFIT AND LOSS ACCOUNT(Balances as per account annexed) | ||||||
| 10. UNCLAIMED DIVIDENDS | |||||||
| 11. PROFIT AND LOSS ACCOUNT(Balance as per account annexed) | |||||||
| TOTAL RS | TOTAL Rs. |