Union of India - Act
The Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017
UNION OF INDIA
India
India
The Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017
Rule THE-WAREHOUSING-DEVELOPMENT-AND-REGULATION-REGISTRATION-OF-WAREHOUSES-RULES-2017 of 2017
- Published on 23 February 2017
- Commenced on 23 February 2017
- [This is the version of this document from 23 February 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter 1
Preliminary
1. Short title and commencement.
2. Definitions.
Chapter 2
Commencement of Warehousing Business
3. Registration with Authority.
Chapter 3
Process of Application for Registration
4. Filing of application.
5. Fees for application.
- The applicant shall pay a non-refundable application fee to the Authority as specified in the Third Schedule.6. Acknowledgment of application.
Chapter 4
Process for Examination of Application and Registration
7. Examination of application.
8. Inspection of warehouse.
9. Process of physical inspection for registration.
10. Examination of physical inspection report.
11. Process for rejection of application.
12. Grant of certificate of registration .
13. Renewal and modification of registration.
14. Surrender of the certificate of registration.
Chapter 5
Eligibility Requirements for Registration of a Warehouse
15. Identity of applicant.
16. Fit and proper person.
17. Insurance.
18. Minimum net worth.
19. Security deposit.
20. Infrastructure requirements for a warehouse.
21. Standard operating procedure.
Chapter 6
Performance Requirements for Warehouseman
22. Compliance with registration requirements.
23. Compliance with standard operating procedure.
24. Know your depositor requirements.
25. General obligations of a warehouseman.
- In the conduct of its warehousing business, a warehouseman shall -26. Information contained in warehouse receipts.
- A warehouseman must ensure that all warehouse receipts issued by it, negotiable or otherwise, comply with the requirements of section 11 of the Act and the rules, regulations and notifications made thereunder.27. Mandatory registration with e-negotiable warehouse receipt repository.
28. Disclosure of information.
29. Submission of information regarding warehouse receipts.
Chapter 7
Suspension of Registration
30. Suspension of registration.
31. Effect of suspension.
32. Revocation of Suspension.
Chapter 8
Cancellation of Registration
33. Cancellation of registration.
34. Effect of cancellation.
Chapter 9
Miscellaneous
35. Power of Authority in the event of potential loss to negotiable warehouse receipt holders.
36. Power to require information and communicate electronically.
- The Authority may, by order in writing or electronically, require any report or information from the applicant, warehouseman and any other person.37. Transition provisions.
| Recent passport size |
| Photo of the applicant or authorized representative of theapplicant, who signs the application form |
| 1 | Name of the applicant* | |
| 2 | Address of the applicant (please attach proof of address) | |
| 3 | ||
| 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 |
1. Name of Warehouse ..................................................................................
2. Details of the warehouse:
| i. | Complete address of the Warehouse with PIN codeTelephone land line with STD code, Mobile & Fax number | |
| ii. | Year of construction of the Warehouse | |
| iii. | Whether Warehouse/ Silo is constructed as perBIS/ CWC/ FCI Standards? If so, please specify. | |
| iv. | Whether the warehouse (cols storage) isconstructed is as per NHB/ NHM/ SHM/ NCCD/ MoFPI/ APEDA/ StateGovernment norms? If so, please specify. | |
| v. | Number of godowns or storage units** | |
| vi. | Total capacity of the warehouse (MT) | |
| vii. | Dimensions of the godown(s)/ storage units**(length X breadth X height)/ (diameter x height in case of bins)in meters | |
| viii. | Plinth height of the godown(s)/ Storage Units** | |
| ix. | Whether the Warehouse is Owned/ hired/ leased(attach documentary proof as per the Sixth and First Schedule ofthe Warehousing (Development and Regulation) Registration ofWarehouses Rules 2017 as applicable) | |
| x. | If hired/ leased, state duration of hiring/ lease | |
| xi. | Name of the jurisdictional Police Station anddistance from the Warehouse | |
| xii. | Distance from the nearest Fire Station (Name of Fire Station) | |
| xiii. | Number of entry and exit points for thewarehouse and number of Security guards employed. | |
| xiv. | Whether the warehouse is bound by a compound wall/ barbed wirefencing | |
| xv. | Details of the Security arrangements. Pleaseprovide details of number of security guards deployed | |
| xvi. | Details of fire safety arrangements (number &type of fire extinguishers, fire buckets, water arrangements,fire safety alarms and any other measures etc.) (attach a list) | |
| xvii. | Equipments for weighing goods present in the warehouse (attacha list) | |
| xviii. | Is a lorry weighbridge available in thewarehouse? if so, please state its capacity, make, date ofinstallation and date of last stamping. | |
| xix. | If a weighbridge is not available in thewarehouse, please state name of the owner & address of thenearby weighbridge to be used for weighment. State its capacity,make, date of last stamping and its distance from the warehouse | |
| xx. | Equipments for assaying of goods available inthe warehouse (attach a list) | |
| xxi. | Whether all the local laws have been compliedwith for carrying out the business of warehousing | |
| xxii. | Please provide details of staff at the Warehouse |
| Name | Designation | Educational Qualifications | Details of experience in warehousing |
| xxiii. | Goods stored/ proposed to be stored for whichNWRs to be issued | |
| xxiv. | Details of the Registration fee submitted infavour of Warehousing Development and Regulatory Authority (asper rule 5 and the Third Schedule of the Warehousing (Developmentand Regulation) Registration of Warehouses Rules 2017) | Amount Rs. ..............Demand Draft No. ...Date.................................In case of on line payment, UTR/transaction numberName of the Bank ............... |
1. I/ We declare to be authorized representatives of the organization to apply for registration of Warehouse.
2. I/ We hereby solemnly declare that I/ we or any of the key managerial persons, has not been convicted by a court for any offence at any time in the preceding five years
3. I/ We hereby solemnly declare that I/ we or any of the key managerial persons, has not been declared an undischarged insolvent by any court
4. I/ We hereby solemnly declare that I/ we or any of the key managerial persons, has not been declared to be of unsound mind by any court
5. I/ We hereby solemnly declare that I/ we or any of the affiliates are not assigned, by the Authority to carry out any other function under the Act.
6. I/ We hereby solemnly declare that one of the objectives of the entity is to carry out the warehousing business and undertake that all the local laws have been complied with for carrying out the business of warehousing with respect to the warehouse concerned.
7. I/ We hereby solemnly declare that the warehouse specified above is suitable for carrying on the business of warehousing and that it is in good condition and having all the requirements as per rule 20 of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017.
8. I/ We hereby undertake to ensure compliance of the Warehousing (Development and Regulation) Registration of Warehouses Rules 2017 for disclosure of information (Rule 28) and ensure submission of monthly information on warehouse receipts (Rule 29).
9. I/ We agree to abide by the terms and conditions of the registration.
10. I/ we undertake that the required amount of Security Deposit will be paid, if the WDRA decides to register the warehouse concerned
11. I/ We hereby solemnly declare to extend all cooperation to the Authority or to an external person engaged by the Authority to conduct physical inspections/ any other inspection of the warehouse under my/ our effective control.
12. 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 person or persons concerned in this business against any loss arising out of such false or untrue information and cancellation of registration.
Signature ....................Date:Place:Name in full .....................Designation .....................Enclosures: As per application & check listAddress.....................Note:- In case of online application for registration:-| S. No. | Document attached | Attached |
| 1. | Application in prescribed form affixing thephotograph of individual/ authorized representative | Yes/ No |
| 2. | Applicant's proof of identity as required atFifth Schedule of the Warehousing (Development and Regulation)Registration of Warehouses Rules 2017 | Yes/ No |
| 3. | Standard Operating Procedures | Yes/ No |
| 4. | Document in support of net-worth as requiredunder Rule 18 (5) of the Warehousing (Development and Regulation)Registration of Warehouses Rules 2017 | Yes/ No |
| 5. | Copy of Insurance policies as prescribed underRule 17 of the Warehousing (Development and Regulation)Registration of Warehouses Rules 2017 | Yes/ No |
| 6. | Lay out Plan of the warehouse(s) | Yes/ No |
| 7. | Basic Data Sheet in case of warehouse (cold storage) | Yes/ No |
| 8. | Proof about technical standards under which warehouse (coldstorage) constructed | Yes/ No |
| 9. | List of equipments for assaying goods | Yes/ No |
| 10. | List of equipments for weighing goods | Yes/ No |
| 11. | Fire Safety arrangements | Yes/ No |
| 12. | If warehouse is owned: Copy of the Records ofRights or registered title deed in respect land on whichwarehouse concerned is located as per the Sixth Schedule of theWarehousing (Development and Regulation) Registration ofWarehouses Rules 2017 | Yes/ No |
| 13. | Document to demonstrate effective control overthe Warehouse, any of the following ( as per the First Scheduleof the Warehousing (Development and Regulation) Registration ofWarehouses Rules 2017): (i) lease deed or rent agreement, (ii)sub-lease agreement and lease deed indicating that sub leasing ispermitted, (iii) revenue sharing agreement, (iv) NOC fromMunicipal Corporation/ Panchayat/ local body ( as the case maybe), (v) lease agreement from concerned APMC, (vi) copy ofallotment letter from State Government . For each warehouselisted in the application separately. | Yes/ No |
| 14. | D.D or copy of Bank transaction slip in support of payment ofregistration fee | Yes/ No |
| 15. | Existing/ previous registration Certificate (In case ofrenewal) | Yes/ No |
| Unit of registration | Fee |
| Each warehouse with a capacity of 10,000 Ton or less | Rs. 20,000 |
| Each warehouse with a capacity of more than 10,000 Ton butless than or equal to 25,000 Ton | Rs. 25,000 |
| Each warehouse with a capacity of more than 25,000 Ton | Rs. 30,000 |
1. Name of the warehouseman - (Company, Partnership Firm, Society, Trust, Individual, as applicable)
2. Address of the warehouse -
3. Warehouseman Identification Number-
4. Number of godowns/ storage units (if more than one) -
5. Registered capacity of the warehouse -
6. Conditions of registration -
1. If the applicant is a natural person, an attested copy of any one of the documents listed below;
2. If the applicant is a company, an attested copy of its -
3. If the applicant is a partnership firm, an attested copy of both of the following must be submitted:
4. If the applicant is a society, an attested copy of both of the following must be submitted--
5. If the applicant is a trust, an attested copy of the registered trust deed of the trust must be submitted.
The Sixth Schedule[See rule 15(2) (a)]Documents to demonstrate ownership of warehouse concerned by applicantThe applicant must submit the following documents to exhibit ownership over the warehouse concerned.(a)copy of the record of rights of land on which the warehouse concerned is located; or(b)if the record of rights is not available, a registered title deed in respect of the land on which the warehouse concerned is located.[The Seventh Schedule] [Substituted by Notification No. G.S.R. 251(E), dated 20.3.2018 (w.e.f. 23.2.2017).][See rule 18 (1) and (2)]Minimum net worth requirements for registration with the Authority| Storage capacity (in tons) | Net worth (Rupees in crores) |
| Less than 1,000 | 0.1 |
| 1,001 - 3,000 | 0.25 |
| 3,001 - 5,000 | 0.50 |
| 5,001 - 7,000 | 1.00 |
| 7,001 - 10,000 | 2 |
| 10,001 - 15,000 | 5 |
| 15001 - 25,000 | 10 |
| 25,001 - 75,000 | 20 |
| 75,001 - 1,50,000 | 30 |
| 1,50,001 - 5,00,000 | 50 |
| 5,00,001 and above | 100 |