The Bombay Warehouses Act, 1959 Complete Act - Bare Act

January, 1960

Amended by Corrig., C. & R. D. D., No. WHA 1060, 1060/20666/- (Co-op.) G dated 14.7.1961.

(M. G. G., IV-B, p. 582)

Amended by Mah. 71 of 1975 (24

An Act to provide for the regulation of the warehousing of certain goods in the State of Bombay.

WHEREAS it is expedient to regulate the warehousing of certain goods in the State of Bombay ; It is hereby enacted in the Tenth Year of the Republic of India as follows :-

CHAPTER I-PRELIMINARY

(1) This Act may be called the Bombay Warehouses Act, 1959.

(2) It extends to the whole of the State of Bombay.

(3) It shall come into force on such 2 as the State Government may, by notification in the Official Gazette, appoint.

NOTIFICATION

G. N., I. & C. D., No. WHA. 1559131854-MSC, dated 20th April, 1960

(B. G. Pt. IV-B, p. 555)

In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Warehouses Act, 1959 (Bom. V of 1960), the Government of Bombay hereby appoints the 25th day of April, 1960 to be the date on which the said Act shall come into force in the whole of the State of Bombay.

In this Act, unless the context otherwise requires,-

(a) "co-operative society" means a society registered or deemed to be registered under the provisions of the Bombay Co operative Societies Act, 1925, or any corresponding law in force in any part of the State of Bombay

(b) "depositor" means a person who deposits goods with a warehouseman for storing in his warehouse, and includes any person who lawfully holds the receipt issued by the warehouseman in respect of the goods and derives title thereto by endorsement or transfer from the depositor or his lawful transferee

(d) "licence" means a licence granted under section 4, or renewed under section 6;

(e) "person" includes a firm and any company or association or body of individuals, whether incorporated or not

(f) "prescribed" means prescribed by rules made under this Act; (g) "Prescribed Authority" means the authority empowered by the State Government to carry out the duties under this Act;

NOTIFICATION

G. N., C. & R. D. D., No. WHA. 1062/19941-(Co-op.) -H, dated 13th June, 1962

(M. G., Pt. IV-B, p.2140)

In exercise of the powers conferred by clause (g) of section 2 of the Bombay Warehouses Act, 1959 (Born. V of 1960), and in supersession of Government Notification, Industries and Co-operation Department, No. WHA. 1059132930-(a)- MSC, dated the 25th April 1960, the Government of Maharashtra hereby empowers all District Deputy Registrars of Co-operative Societies appointed or deemed to have been appointed under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), to carry out the duties of the prescribed authority under the first mentioned Act within their respective jurisdiction.

(h) "receipt" means a warehouse receipt issued in the form prescribed, by a. warehouseman to a depositor depositing goods in a warehouse;

(i) "rules" means rules made or deemed to have been made under this Act

(j) "warehouse" means any building structure or other protected enclosure which is used or may be used for the purpose of storing goods on behalf of depositors, but does not include cloak rooms attached to hotels, railway stations, the premises of other public carriers, and the like ;,

(k) "warehouseman" means a person who has obtained a licence under this Act for the purpose of carrying on his business of warehousing.

CHAPTER II-LICENSING OF BUSINESS OF WAREHOUSING

Subject to the provisions of section 11, no person shall carry on the business of warehousing, or represent or hold himself out as carrying on the business of warehousing, except under and in accordance with the terms and conditions of a licence granted under this Act.

(1) An application for a licence shall be made in the prescribed form, to the Prescribed

Authority.

(2) On receipt of such application, the Prescribed Authority may, on payment of the prescribed fee, grant a licence to such person for the conduct of his business in accordance with the terms and conditions of the licence, and the provisions of this Act and the rules made there under.

Before granting a licence the Prescribed Authority shall satisfy itself

(a) that the warehouses in which it is proposed to store goods are suitable for storing the particular goods, or the class or classes of goods which it is intended to store therein

(b) that the applicant is competent to conduct such warehouses; (c) that the applicant furnishes to the Prescribed Authority such security, in such manner, as may be prescribed

Provided that where the applicant is a corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 no such security shall be required

(d) that the applicant fulfils other conditions which the State Government may, by notification in the Official Gazette, specify in this behalf; and

(e) that there is no other cause or reason for which the applicant may, in the opinion of the Prescribed Authority, be deemed to be disqualified for a licence.

Every licence granted under section 4 shall be valid for the prescribed period, and may on the expiry of such period be renewed by the Prescribed Authority on an application made by the warehouseman in that behalf on payment of the prescribed fee, provided the conditions referred to in section 5 continue to be fulfilled.

If the Prescribed Authority refuses to grant or renew a licence under the foregoing provisions, it shall record its reasons therefor in writing, and communicate a copy of its order to the applicant.

Every licence shall be liable to be revoked by the Prescribed Authority for reasons to be recorded in writing in the order of revocation ; and in particular, a licence shall be liable to be revoked if the warehouseman -

(a) has applied to be adjudicated, or has been adjudicated an insolvent; or

(b) has parted in whole or in part with his control over the warehouses in respect of which he is licensed ; or

(c) has ceased to conduct such warehouses ; or

(d) has made unreasonable charges for services rendered by him;

or

(e) has in any manner become incompetent to conduct the business of a warehouseman ; or

(f) has contravened any of the terms or conditions of the licence or any of the provisions of this Act or the rules made there under, or any other conditions which the State Government has, by notification in the Official Gazette, specified under section 5.

(1) Before revoking a licence, the Prescribed Authority shall give notice to the warehouseman specifying the charges against him and calling upon him to show cause why the licence should not be revoked.

(2) After considering the explanation, if any, offered by the warehouseman, the Prescribed Authority may revoke the licence, or pass such orders as it deems just.

(3) The Prescribed Authority may suspend the licence of a warehouseman pending decision on the enquiry referred to in sub sections (1) and (2)

(4) If a licence is suspended or revoked, the Prescribed Authority shall make an entry to that effect in the licence.

(1) An appeal against any order of the Prescribed Authority refusing to grant or renew a licence, or suspending or revoking any licence of a warehouseman shall be made to the Registrar of Co-operative Societies within sixty days from the date of such order.

(2) On receipt of an appeal under sub-section (1), the Registrar shall, after giving the warehouseman and the Prescribed Authority an opportunity of being heard, pass such order thereon as he thinks fit.

(3) The State Government may at any time call for and examine the record of any proceedings before the Prescribed Authority or the Registrar relating to the suspension or revocation of, or the refusal to renew, a licence, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed therein, and as to the regularity of such proceedings, and may either annul, reverse, modify or confirm such order, or pass such other order as it may deem just.

(4) Every order passed by the Prescribed Authority under section 9, subject to appeal or revision as provided in this section, and every order passed by the Registrar in appeal subject to such revision, and every order passed by the State Government in revision, shall be final and shall not be questioned in any Court of law.

(1) During the period a licence is suspended a warehouseman shall not carry on the business of warehousing; and when a licence expires and is not renewed, or is revoked, a warehouseman shall cease to carry on his business of warehousing, and shall return the licence to the Prescribed Authority.

(2) Where a licence expires and is not renewed, or where it is revoked, the Prescribed Authority shall give to the warehousernan such reasonable time thereafter as it thinks fit to wind up his business, and notwithstanding anything contained in section 3 the warehouseman may carry on his business of warehousing during the said period, and may do all things necessary for winding up such business.

Where a licence granted to a warehouseman is lost, destroyed, torn, defaced or otherwise becomes illegible, the Prescribed Authority shall, on an application made in that behalf by the warehouseman and on payment of the prescribed fee, issue a duplicate thereof.

CHAPTER III-DUTIES OF A WAREHOUSEMAN

Every warehouseman shall take such care of the goods deposited with him as a man of ordinary prudence would take of his own goods under similar circumstances and conditions.

(1) Every warehouseman shall keep his warehouse clean and free from damp, take all necessary precautions against rats and other pests, and fulfill such other conditions as may be prescribed in this behalf.

(2) No warehouseman shall accept for deposit in his warehouse, goods which are contaminated or infected by worms and pests, and which are likely to cause damage to other goods which are or which may be deposited in the warehouse.

In order to permit at all times the identification of the goods deposited in a warehouse, and easy delivery there from, every warehouseman shall keep in his warehouse the goods of one depositor separate from the goods of other depositors, and also the goods of the same depositor separate from his other goods for which a separate receipt has been issued

Provided that, where standardised and graded goods are stored in a warehouse, subject to any agreement between the warehouseman and depositor the same variety of goods belonging to different depositors may be mingled together by the warehouseman, and each depositor will be entitled only to his portion of the goods according to weight or quantity as the case may be. as shown in his receipt.

(1) Whenever from causes beyond the control of the warehouseman, goods stored in a warehouse deteriorate or are about to deteriorate, the warehouseman shall forthwith give notice thereof to the depositor asking him to take delivery of the goods immediately on surrendering the receipt duly discharged, and on payment of all dues. If the depositor does not comply with the notice within a reasonable time, the warehouseman may cause such goods to -be removed from his warehouse, and sold by public auction at the cost and risk of the depositor.

(2) Any person interested in any goods. or the receipt covering such goods, stored in a warehouse may, in writing, inform the warehouseman of the fact and the nature of his interest, and the warehouseman shall keep a record thereof. If such person request in writing that intimation be given to him regarding the condition of the goods and agrees to pay the charges for giving such intimation, the warehouseman shall give him intimation accordingly.

(3)At the time of taking delivery of the goods stored in a warehouse, if a depositor on examination finds that the goods are lost or damaged, he shall give notice in writing to the warehouseman within 72 hours of such examination and before taking delivery of the goods from the warehouse. The notice shall state the particulars of the goods stored in the warehouse, whether the depositor was given notice under sub-section (1) if any, asking him to take delivery of the goods immediately, whether the depositor took delivery of the goods and the time within which delivery of the goods was taken in pursuance of such notice, the time and date on which the goods were examined and the particulars of the loss or damage to the goods. No claim against the corporation or warehouseman shall be valid if notice of loss or damage to the goods has not been given by the depositor in time as provided in this section.]

Every warehouseman in the absence of any reasonable or lawful excuse, shall, without unnecessary delay, deliver the goods stored in his warehouse to the depositor on demand made by him and on surrender of the receipt duly discharged, and on payment of all the charges due to the warehouseman. Subject to any agreement between the warehouseman and the depositor, the depositor may take partial delivery of the goods stored in the warehouse.

(1) If there be any excess in the goods stored in a warehouse by absorption of moisture or on account of other causes, the warehouseman shall not be entitled to the same.

(2) If for any cause beyond the control of the warehouseman, there be any shortage in such goods by driage or other causes, the warehouseman shall not be responsible for the same.

(3) In the event of any dispute arising as to whether such excess or shortage is due to absorption of moisture or driage, or is due to other causes, beyond the control of the warehouseman, the matter shall be referred to the Registrar of Co-operative Societies or any other officer appointed by the State Government in this behalf, and the decision of the Registrar or other officer shall be final.

Every warehouseman shall maintain such accounts, books and records, and in such form, and manner, as may be prescribed.

(1) Every warehouseman shall insure, in such manner as may be prescribed, the goods in his warehouse against loss or damage by fire or burglary. On a written request from a depositor and on his agreeing to pay the requisite charges for additional insurance, the warehouseman may insure such goods also against loss or damage by flood, riot, civil commotion or any other contingency.

(2) Every warehouseman shall be entitled to recover from the depositor at the rate prescribed if the insurance is obligatory, or at the rate agreed to if the insurance is optional, the charges for insurance in respect of the depositor's goods before delivery thereof, and the warehouseman shall have a lien on the said goods in respect of such charges.

Every warehouseman shall receive for storage in his warehouse, so far as its capacity permits, any goods of the kind customarily stored by him therein which may be tendered to him in a suitable condition for storing in the usual manner in the ordinary and usual course of business, without making any discrimination between persons desiring to avail themselves of the facilities of his warehouse

Provided that, a warehouseman may grant such concessions to a co-operative society as may be prescribed.

Notwithstanding anything contained in any law, no warehouseman other than a co-operative society or a corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956, shall, either on his own account or that of others deal in, or lend money on, goods which he receives for storage in his warehouse.

CHAPTER IV-INSPECTION AND GRADING OF GOODS

For the purpose of satisfying itself that the requirements of this Act and the rules made there under are duly complied with, the Prescribed Authority may, at any time during business hours, inspect or cause to be inspected, or examine or cause to be examined any warehouse in respect of which a licence is granted, the machinery or equipment thereof, the goods stored therein, and the account books and records relating thereto.

(1) On application made to it in the prescribed manner and on payment of the prescribed fee, the Prescribed Authority may issue licences to persons possessing the prescribed qualifications, entitling them to act as weighers, samplers and graders of any goods deposited or to be deposited in a warehouse, and to issue certificates as to the weight, bulk, quality or grade of the goods which they have examined.

(2) The certificates issued by weighers, samplers and graders as to weight, quality or grade of the goods stored in the warehouse shall, subject to any order in appeal preferred by either of them to the Board of Arbitrators, be binding on the warehouseman and depositor.

(3) The Prescribed Authority may appoint a Board of Arbitrators to decide complaints against weighers, samplers and graders or warehouseman relating to weight, quality or grade of the goods stored in a warehouse. The decision of the Board of Arbitrators shall be final and shall not be liable to be questioned in a court of law.

Every licence granted to a weigher, sampler or grader under section 24 shall be valid for the prescribed period and may, on the expiry of such period be renewed, from time to time, for a further period by the Prescribed Authority on an application made in that behalf and on payment of the prescribed fee.

Subject to rules made in this behalf, every licence granted to a weigher, sampler or grader shall for adequatereasons which shall be recorded in writing, be liable to be suspended or revoked by the Prescribed Authority. Before revoking a licence the Prescribed Authority shall communicate to the licensee the grounds on which it is proposed to take action, and shall give him a reasonable opportunity of showing cause against it.

Whenever a licence granted to a weigher, sampler or grader, expires, or is revoked, he shall return it to the Prescribed Authority.

No person who is not licensed under this Chapter shall work as, or hold himself out as, a weigher, sampler or grader.

Where a licence granted to a weigher, sampler or grader is lost, destroyed, torn, defaced or otherwise becomes illegible, the Prescribed Authority shall issue a duplicate thereof on an application made in that behalf by the weigher, sampler or grader, as the case may be, and on payment of the prescribed fee.

Every warehouseman shall provide reasonable facilities for weighing, sampling and grading any goods deposited in his warehouse.

CHAPTER V-WAREHOUSE RECEIPTS

Every warehouseman shall, at the time when goods are received by him for deposit in a warehouse, issue a receipt in the prescribed form, containing full particulars in respect of the goods stored in his warehouse by each depositor.

A receipt issued by a warehouseman shall, unless otherwise specified on the receipt, be transferable by endorsement, and shall entitle its lawful holder to receive the goods specified in it on the same terms and conditions on which the person who originally deposited the goods would have been entitled to receive them.

If a receipt is lost, destroyed, torn, defaced, damaged or otherwise becomes illegible, a warehouseman shall on an application made by the depositor and on payment by him of the prescribed fee (if any), issue a duplicate receipt on such conditions as he may think fit to impose, being conditions made by rules prescribed for the purpose.

CHAPTER VI-MISCELLANEOUS

(1) If a warehouseman fails to comply with, or contravenes any of the terms or conditions of, his licence or of any provision of this Act, then, without prejudice to any other penalty to which he may be subject, the amount of security deposited by him under a bond executed by him under the provisions of this Act shall be liable to be forfeited, and the amount due under such bond shall be recoverable from him, or from his sureties or their heirs or legal representatives, as an arrear of land revenue.

(2) The State Government may make payment out of the amount so forfeited or recovered, to any person who may have sustained loss by reason of the warehouseman failing to comply with, or acting in contravention of, any provision of this Act.

(1) Whoever, fails to comply with, or acts in contravention of, any provision of this Act shall be deemed to commit an offence under this Act, and shall on conviction be punished, -

(a) in the case of a contravention of the provisions of section 3 or 22, with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

(b) in any other case with fine which may extend to one thousand rupees.

(2) If the person committing an .offence under this Act is a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly

Provided that, nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence.

(3) Notwithstanding anything contained in sub-section (2), where an offence under this Act is committed by a company-and it is proved that the offence is committed with the consent or connivance or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation 1. - For the purposes of sub-sections (2) and (3) - (a) ˜Company' means anybody corporate and includes a firm or other association of individuals ; and

(b) ˜director' in relation to a firm means a partner in the firm.

Explanation II. - The provisions of sub-section (2), in so far as they apply to persons who at the time of the offence were in charge of or were responsible to the company for the conduct of the business thereof, shall not apply to any such persons in charge of or responsible to a corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956.

Where any licence is suspended or revoked under this Act, no person shall be entitled to any compensation or the refund of any fee paid in respect thereof.

Every contract or agreement which is inconsistent with the provisions of this Act, or the rules made thereunder shall, to the extent of such inconsistency, be void.

The State Government may delegate to any officer, authority subordinate to it any of the powers conferred on it by or under this Act.

The State Government may, by notification in the Official Gazette, add to, amend or omit any of the entries in the Schedule.

NOTIFICATION

G. N., C. & R. D. D., No. WHA. 1863/38556-(Co-op.)-H, dated 28th November, 1963

(M. G., Pt. IV-B, p. 1668)

S. 39 In exercise of the powers conferred by section 39 of the Bombay Warehouses Act, 1959 (Born. V of 1960), the Government of Maharashtra hereby amends the Schedule to the said Act, as follows, namely

In the said Schedule, after entry "XI. Agricultural implements" the following new entries shall be added, namely

"XII. Iron and Steel (Metal).

XIII. Iron and Steel (Structural).

XIV. Insecticides, fungicides and weedicides.

XV. Rubber.

XVI. Portland cement.

XVII. Coir, fibre and coir products.

XVIII. Textiles.

XIX. Paper and pulp including paper products.

XX. Leather, leather goods and pickers."

G. N., A. & C. D., No.WHA. 1867/31880-C-2, dated 11th September, 1967

(M. G., Pt. IV-B, p. 2161)

In exercise of the powers conferred by section 39 of the Bombay Warehouses S. 30 Act, 1959 (Born. V of 1960), the Government of Maharashtra hereby amends the Schedule to the said Act as follows, namely

In the said Schedule, after entry "XX. Leather, leather goods and pickers" the following new entries shall be added, namely :-

"XXI. Lac

XXII. Wool."

The State Government may, by notification in the Official Gazette, exempt any class of warehouses from all or any of the provisions of this Act.

NOTIFICATION

G. N., C. & R. D. D., No. WHA 1060/33025 - (Co-op.)-G dated 6th March,

1961

(M. G., Pt. IV-B, p. 309)

Amended by Corrig., C. & R. D. D., No. WHA 1060,1060/20666/- (Co-op.)

G dated 14th July, 1961.

(M. G.G. IV-B, p. 582)

In exercise of the powers conferred by section 40 of the [Warehouses Act - 1959] (Born. V. of 1960), the Government of Maharashtra hereby exempts warehouses belonging to a warehousing corporation from the provisions of section 20 of that Act.

Explanation - In this notification a warehousing corporation means a warehousing corporation established under the Agricultural Produce (Development & Warehousing Corporations Act 1956 (XXVIII of 1956) which has agreed in writing to compensate a person depositing goods in the warehouse against loss or damage arising from events specified in the said section 20.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act.

(2) In particular, but without prejudice to the generality of the foregoing provision, such rules may provide for the following matters, namely:-

(i) the Authority empowered to carry out the duties under this Act;

(ii) the form of receipt under clause (h) of section 2;

(iii) the form of application for taking out a licence under section 4, for its renewal under section 6 and for the issue of duplicate licence under section 12;

(iv) the terms and conditions of a licence in accordance with which the business of a warehouseman shall be conducted under section 3, the fee for the grant of a licence under sub section (2) of section 4 and the period for which the licence shall be valid under section 6

(v) the amount of security and the manner of furnishing the same (including the form of bond) under clause (c) of section 5

(vi) the fee for the renewal of a licence under section 6 and for the issue of a duplicate thereof under section 12

(vii) the conditions on or under which a duplicate of a licence may be issued

(viii) the conditions (including disinfection of warehouses and the goods stored therein) which a warehouseman shall fulfill under sub-section (1) of section 14

(ix) the books, accounts and records to be kept and maintained under section 19

(x) the manner in which goods deposited in a warehouse shall be insured under sub-section (1) of section 20

(xi) the rates at which charges for insurance shall be recoverable under sub-section (2) of section 20

(xii) the concessions which may be granted by a warehouseman to a co-operative society under section 21

(xiii) the qualifications of, and grant of licences to weighers samplers and graders, the form of application for licences, the fee payable in respect of them, the conditions on which and the period for which the licences may be granted to them, the form of certificates to be issued by them, the renewal of their licences, the conditions on which duplicate licences may be issued, and the conditions under which the licences may be suspended or revoked for the purposes of section 26

(xiv) the fee to be paid for the issue of a duplicate receipt and the conditions under which such receipt may be issued under section 33

(xv) the publication of the grant, suspension and, revocation of licences and the list of warehousemen and their warehouses;

(xvi) the charges to be made by a warehouseman for storing goods in his warehouses

(xvii) the manner of giving notices under this Act;

(xviii) the manner of conducting a public auction for the sale of goods deteriorating or which are about to deteriorate in a warehouse and accounting for the proceeds of such sale by a warehouseman

(xix) the classification of goods stored by a warehouseman

(xx) the standard weights, measures and gradation of goods, to be used in a warehouse

(xxi) the procedure to be followed in proceedings before the

Board of Arbitrators and the mode of executing their awards;

(xxii) generally for the efficient conduct of the business of a warehouseman;

(xxiii) any other matter which is to be, or may be, prescribed.

(3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees.

(4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.

(5) All rules made under this section shall be laid before each House of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.

On the coming into force of this Act, the following laws, that is to say :-

(a) the Bombay Warehouses Act, 1947;

(b) the Hyderabad Warehouses Regulation, 1358 Fasli

(c) the Central Provinces and Berar Agricultural Warehouses Act, 1947 ; and

(d) the Saurashtra Warehouses Act, 1956, shall stand repealed

Provided that such repeal shall not affect -

(a) the previous operation of any law so repealed, or anything duly done or suffered there under;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed;

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed ; or

(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including any rules made under any of the laws so repealed or any notifications, orders, licences, receipts or notices issued, applications made, fees paid, suspension or revocation of licences effected, appeals filed, and certificates issued) under any such law shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under this Act.

Nothing in this Act shall apply to a warehouse appointed or licensed under the Sea Customs Act, 1878, the Central Excises and Salt Act, 1944 or the Inland Bonded Warehouses Act, 1896 or any law corresponding thereto or to a warehouse belonging to or appointed by the Trustees of the Port of Bombay.

G. N., 1. & C. D., No. WHA. 1059/32930-MSC, dated 25th April, 1960

(B. G., Pt. IV-B, p. 574)

Amended by G. N., C. & R. D. D., No. WHA. 1060/20666-(Co-op.)-G, dated

20th June, 1961 (M. G., Pt. IV-B, p. 545).

Amended by G. N., C. & R. D. D., No. WHA. 1060/45177-(Co-op.)-H, dated

28th November, 1961 (M. G., Pt. IV-B, p. 1164).

Amended by G. N., A. F. & C. D., No. WHA. 1863/51406/C-2, dated 7th

November, 1964 (M. G., Pt. IV-B, p. 1618).

In exercise of the powers conferred by section 41 of the Bombay

Warehouses Act, 1959 (Born. V of 1960) the Government of Bombay hereby makes the following rules, namely :-

I. PRELIMINARY

These rules may be called the Bombay Warehouses Rules, 1960.

In these rules, unless the context otherwise requires,"

(a) "Act" means the Bombay Warehouses Act, 1959 (Born. V of 1960);

(b) "form" means a form appended to these rules;

["negotiable receipt" means the receipt by which goods specified therein, will be delivered to the bearer or to the order of the named person;

(d) "non-negotiable receipt" means the receipt by which goods specified therein, will be delivered to the person who 2 the goods to the

warehouseman for storing in the warehouse;]

(e) "section" means a section of the Act;

(f) "year" means the year commencing from the 1st day of October and ending on the 30th day of September next following.

(2) The application for licence for the first time shall be made at any time but that for renewal thereof shall be made every year at least one month prior to the commencement of the year for which it is required and shall be accompanied by the fee laid down in rule 4 or as the case may be in rule 8.

(3) A person desiring to conduct the business of a warehouseman in more than one village or town shall submit separate applications for licences in respect of his business in each such village or town. In case he has more than one place of business in the same village or town, he may apply for only one licence in respect of all such places of business provided he specifies which of them will be his principal place of business

The scale of annual fees prescribed for the grant of a licence under section 4 to a warehouseman for the conduct of his business shall be as under

Warehouse having a storage capacity up to 25,000 cubic feet. . Rs. 50

For every additional 25,000 cubic feet storage capacity or friction thereof. Rs. 50

A licence under section 4 shall be granted in Form No. 3 subject to the following conditions

(1) Every warehouseman other than a Corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 shall have and maintain in respect of each warehouse for which the application for a licence has been made, net assets liable for the payment of any indebtedness arising from the conduct of the warehouse to the extent of at least Rs. 10 per 100 cubic feet storage capacity of the licensed warehouse. Such assets may also consist of moveable or immovable property of the required evaluation. In case buildings, machinery or merchandise are included among such assets, the warehouseman shall keep them insured against loss or damage by fire, burglary and theft with a company or companies approved by the prescribed authority.

(2) Immediately upon receipt of his licence, the warehouseman shall post the same and keep it posted until suspended or revoked, in a conspicuous place in the principal place of his business where receipts issued by such warehouseman are delivered to depositors.

(3) When any of the events contemplated in clauses (c) and (e) of section 8 occur, it shall be the duty of the warehouseman to notify such event immediately to the prescribed authority with all the details known to him.

(4) Every warehouseman shall permit the prescribed authority or any officer deputed by him to inspect or examine a warehouse licensed under the Act, to enter and inspect or examine on any business day during the usual hours of business, any warehouse for the conduct of which such warehouseman holds a licence, the office thereof, the books, records, papers and accounts relating thereto and the contents thereof and such warehouseman shall furnish such officer the assistance necessary to enable him to make the inspection or examination.

RULE 06: SECURITY

Every warehouseman other than a Corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956, shall at the time of the application for licence either"

(a) furnish to the prescribed authority, security deposit in cash or public securities assessed at the rate of Rs. 10 per 100 cubic feet of the storage capacity subject to a minimum of Rs 1,000 and execute a bond in Form No 4 for the observance of the conditions and obligations arising out of his business as a warehouseman or

(b) execute a bond with two sureties to the satisfaction of the prescribed authority for a like amount

A licence shall be valid with effect from the date on which it is granted for the period ending on the 30th day of September next following, or a period not exceeding three years ending on the 30th day of September.

RULE 08: RENEWAL AND ISSUE OF DUPLICATES OF LICENCES

(1) The conditions' for renewal of a licence and issue of a duplicate licence shall be the same as those prescribed for the grant of a licence. The duplicate licence shall be granted on getting ad indemnity bond in Form No. 5 executed by the dpplicant indemnifying Government against any loss or damage which may be caused by any one using the licence lost by the applicant and shall hear in its face the number and date of the original licence in lieu of which it is issued and shall be stamped "duplicate".

(2) A licence which is torn, defaced or rendered illegible shall be surrendered by the warehouseman to the prescribed authority.

(3) On receipt of an application for a duplicate licence, the fact that the licence is lost or destroyed shall be notified by the prescribed authority once at least in local newspapers giving one week's.clear notice of the issue of a duplicate thereof. The cost of such notification in the local newspapers shall be borne by the ware houseman.

RULE 09: FEE FOR RENEWAL AND ISSUE OF DUPLICATE LICENCE

Fee for renewal of a licence under section 6 shall be the same as that laid down in rule 4 and the fee for issue of a duplicate licence under section 12 shall be Rs. 5.

RULE 10: PUBLICATION OF GRANT, SUSPENSION AND REVOCATION OF LICENCES AND LIST OF WAREHOUSEMEN AND THEIR WAREHOUSES

The names and location of warehouses and the names and addresses of warehousemen licensed under the Act as on the 1st day of October every year shall be published in the Official Gazette before the 15th day of November of the same year. Subsequent suspension or revocation of the licences shall also be published in the Official Gazette.

III. DEPOSIT AND MAINTENANCE OF GOODS ETC.

RULE 11: APPLICATION FOR DEPOSIT AND DELIVERY OF GOODS TO WAREHOUSEMAN

The application for deposit of goods shall be made to a warehouseman in Form No. 6 and the application for delivery of goods shall be made in Form No. 7.

RULE 12: RECEIPTS

(1) A receipt shall be in Form No. 8 and shall contain the following particulars :-

(i) the location of the warehouse where the goods are stored;

(ii) the name of the person by whom or on whose behalf the goods are deposited;

(iii) the date of issue of the receipt;

(iv) the rate of storage, weighment and handling charges;

(v) the description of the goods or of the packages containing foods and quantity by weight or measure;

(vi) particulars showing the ownership of and liens, mortgages or other encumbrances on the. goods covered by the receipt as declared by the depositor in his application for deposit under rule 11;

(vii) an endorsement whether it is "negotiable" or "non-negotiable";

(viii) the signature of the warehouseman or his authorised agent.

(2) No receipt shall by reason of the omission of any of the particulars set forth in sub-rule (1) by deemed not to be a warehouse receipt, for purposes of settlement of disputes and claims.

RULE 13: LIABILITY OF WAREHOUSEMAN FOR OMISSION

Where a warehouseman omits from a negotiable receipt and non-negotiable receipt any of the particulars set forth in rule 12, he shall be liable for damages caused by the omission.

RULE 14: INFORMATION REGARDING PERSONS AUTHORISED TO SIGN RECEIPT

Every warehouseman shall file in the office of the prescribed authority information regarding the names and addresses of persons with their signatures authorised to sign receipts on behalf of the warehouseman and shall as soon as possible inform the prescribed authority in case such persons are changed. if new persons are authorised, information in respect of them shall also be supplied.

RULE 15: ISSUE OF DUPLICATE RECEIPTS

(1) An application for grant of a duplicate receipt, if the original is lost, destroyed, torn, defaced or otherwise becomes illegible shall be made by the depositor to the warehouseman and shall be accompanied by

(a) an affidavit showing that the applicant is lawfully entitled to the possession of the original receipt, that he has not negotiated or assigned it, the circumstances in which the original receipt was lost or destroyed, and if lost, that diligent efforts had been made to find the receipt without success,

(b) a bond for an amount equal to the value of the goods represented by the original receipt, and

(c) a sum of rupee one.

(2) On receipt of the application, the fact that the receipt is lost, destroyed, torn, defaced or otherwise become illegible shall be notified by the warehouseman once at least in local newspapers giving one week's clear notice of the issue of a duplicate thereof. The cost of such notification in the local newspapers shall be borne by the depositor or as the case may be, by the holder of the receipt.

(3) After the expiry of the period referred to in sub-rule (2) a duplicate receipt shall be issued by the warehouseman. Such duplicate receipt shall be stamped" Duplicate".

(4) After duplicate receipts have been issued, the original receipts, if produced, will not be acted upon.

RULE 16: DEPOSITOR TO SUPPLY INFORMATION REGARDING TRANSFER OF RECEIPTS

Every depositor shall be bound to supply copies under his signature of any endorsement regarding transfer, mortgage or encumbrance of goods as may be recorded on the warehouse receipt forthwith after making such endorsement.

RULE 17: CHARGES TO BE MADE BY WAREHOUSEMAN

(1) No warehouseman shall levy or recover charges for his services in excess of the schedule of charges filed by him along with his application for licence and approved by the prescribed authority from time to time.

(2) When the warehouseman is required, in the case of emergency or necessity to remove or transfer the goods from the Warehouse, as provided in rule 35, the storage charges shall be recovered on a continuing basis and the cost of such removal or transfer of goods shall be borne by the warehouseman

RULE 18: EXHIBITION OF SCHEDULE OF CHARGES

Every warehouseman shall display conspicuously the current schedule of charges as approved by the prescribed authority and the translation thereof in regional languages at the principal place of his business where receipts issued by such warehouseman are delivered to depositors.

Every warehouseman shall keep his warehouse in the following condition:

(1) The warehouse shall be damp-proof, bird-proof and rat-proof;

(2) The warehouse shall be repaired whenever necessary and shall be kept disinfected;

(3) The goods stored in the warehouse shall be arranged and stored in such a manner as to render stock-taking and verification easy and effective:

(4) Stacks shall not be constructed touching the walls and a space of about 2 feet shall be left round each stack;

(5) Goods received for storage in the warehouse shall be measured in cubic feet (length, breadth and height) or weighed, as the case may be and such weight or measure shall be taken by a licensed weigher and such weight or measure shall be duly stencilled on each container or labelled on each stack showing the date and quantity of weight or measure;

(6) The container or the stack shall bear the name of the depositor together with the distinctive mark, if any, in bold letters;

(7) Goods of different classes or grades or qualities shall be stored separately:

(8) All leakages in roof, dampness in walls and floors during the monsoons shall be carefully watched and repaired in good time;

(9) All appliances in the warehouses, such as scales, weights, measures, pokers and ladders shall be maintained correctly and in good condition:

(10) Any other terms and conditions as may be prescribed from time to time shall be attended to or complied with.

RULE 20: PRECAUTION AGAINST INJURY TO GOODS

Every warehouseman shall keep the goods stored in his warehouse reasonably clean at all times and reasonably free from pests, straw, rubbish or accumulations of materials which may increase the risk of fire or interfere with the handling of the goods.

RULE 21: MANNER OF INSURING GOODS

Each warehouseman shall insure the goods stored in the warehouse in the following manner:"

(1) The warehouseman shall keep such goods, while in his custody as a warehouse insured in his own name for an amount not less than the market value of goods on the date of their deposit, against loss or damage by fire or burglary:

Provided that if the Corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956, has in operation its own scheme of insurance, the Warehouse of the Corporation shall insure goods under that scheme against loss or damage by fire or burglary for an amount not less than the market value of the goods on the date on which they were deposited in the warehouse.

(2) On a written request from the depositor and on his agreeing to pay the charges agreed to for additional insurance, the Warehouseman may insure such goods also against loss or damage by flood, riot, civil commotion or any other contingency;

(3) Except where the insurance is covered under proviso to sub-rule (1), the goods deposited in the warehouse shall not be insured with a company which is not on the list of companies approved for this purpose by the prescribed authority.

RULE 22: LOSS OR DAMAGES CAUSED BY FIRE ETC. TO BE REPORTED IMMEDIATELY

If at any time fire, burglary, flood, riot or civil commotion occurs at or in a warehouse, it shall be the duty of the warehouseman to give notice immediately within 24 hours of such occurrence to the depositor and intimation to the prescribed authority of such occurrence and of the extent of loss or damage caused thereby.

RULE 23: RECOVERY OF INSURANCE CHARGES

Every warehouseman shall be entitled to recover from the depositor the insurance premia and other out of pocket expenditure incurred by him for insurance of goods stored in his warehouse.

RULE 24: CLASSIFICATION OF GOODS

(I) Every warehouseman shall keep the goods stored in his warehouse in an orderly manner so as to permit easy access to all lots and to facilitate inspecting, sampling, counting and identification of each lot.

(2) Whenever any quality, standard or grade of any of the goods is required to be stated for the purpose of the Act, it shall be in accordance with the quality, standards, or grades as laid down by the prescribed authority.

RULE 25: NOTICE OF LOSS OR DAMAGE TO GOODS

If at the time of taking delivery of the goods deposited, a depositor finds that the goods are lost or damaged, he shall give a notice in writing with full particulars of the loss or damage to the goods to the warehouseman forthwith or give notice within 72 hours after examining the goods and defer taking delivery till then. A copy of the notice shall also be sent to the prescribed authority. No claim against the warehouseman shall be valid if the notice of loss or damage has not been given by the depositor in time. Similar notice for claim for damages shall be given to the warehouseman by the depositor in case the depositor comes to know of the loss or damage while the goods are deposited in the warehouse.

RULE 26: DUTY TO DELIVER

Subject to the conditions laid down in section 17, every warehouseman shall deliver the goods stored in his warehouse "

(a) where the goods are covered by a negotiable receipt, to the bearer, and

(b) where the goods are covered by a non-negotiable receipt, to the depositor.

RULE 27: PART DELIVERY OF GOODS

If a warehouseman delivers part of the goods for which a negotiable receipt has been issued he shall on such receipt make a statement giving particulars of the goods which have been so delivered On his failure to make such statement the warehouseman shall be liable for failure to deliver all the goods specified in the receipt to any one who purchases the receipt 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.

RULE 28: WAREHOUSEMAN NOT TO RELEASE GOODS PLEDGED BY DEPOSITOR

If the goods covered by a negotiable receipt are pledged by the depositor with a bank thereby creating a lien in favour of the bank on such goods, the warehouseman

- shall,"

(i) on receipt of a written notice from the bank intimating the lien, acknowledge the notice in writing, and

(ii) shall not release the goods without the consent of, or due notice to the bank

RULE 29: NEGOTIABLE RECEIPT TO BE CANCELLED ON DELIVERY OF GOODS

(1) Every warehouseman who delivers goods for which he has issued a negotiable receipt shall take up and cancel that receipt in respect of the goods so delivered.

(2) Every warehouseman who delivers part of goods for which he is issued a negotiable receipt shall enter plainly upon it a statement of the goods so delivered.

RULE 30: NEGOTIABLE RECEIPT TO STATE CHARGES FOR WHICH LIEN IS CLAIMED

Where a negotiable receipt is issued for goods, the warehouseman shall have no lien on the goods, except for charges of storage and insurance of those goods from the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed.

RULE 31: MAINTENANCE OF BOOKS, RECORDS ETC

Every warehouseman shall, maintain the following accounts, books and records :"

(1) a stock register in Form No. 9,

(2) a ledger for each depositor in Form No. 10,

(3) a general insurance account in Form No. 11.

RULE 32: AUCTION SALE OF GOODS DETERIORATING OR ABOUT TO DETERIORATE IN WAREHOUSE

(1) Before effecting sale by public auction of goods stored in a warehouse which deteriorate or are about to deteriorate, the warehouseman shall issue a notice indicating the date, time and place of auction at least a week before the date of auction.

The notice shall be published in a local news paper and in case the warehouse is situated within the limits of any regulated market committee, it shall also be exhibited on the notice board of such committee.

Explanation" In this sub-rule "regulated market committee" means a market committee established under the Bombay Agricultural Produce Market Act, 1939 or under any law corresponding to that Act in force in any part of the State. Copies of the notice shall also be sent to the prescribed authority.

(2) If the warehouseman, after reasonable efforts, is unable to sell the goods at public auction, he may dispose of them in any manner he may think fit and shall incur no liability by reason thereof.

(3) The warehouseman shall, from the proceeds of any sale made pursuant to this rule, satisfy his lien and shall hold the balance in trust for the holder of the receipt.

Where goods have been lawfully sold to satisfy a warehouseman's lien, or have been lawfully sold or disposed of pursuant to the provisions of rule 32, the warehouseman shall not be liable for failure to deliver goods to the holder of the receipt.

RULE 34: ACCOUNTING OF PROCEEDS OF AUCTION SALE

Every warehouseman shall be bound to render to the depositor correct accounts and tender to him payment of the sale process of goods realised after the auction sale 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 be bound to make actual payment of net proceeds of the sale to the depositor, on surrender by him, of the receipt duly discharged and on payment of all charges due to the warehouseman.

RULE 35: REMOVAL OR TRANSFER OF GOODS BY WAREHOUSEMAN

Except in the event of an emergency or genuine necessity on account of which immediate removal or transfer of goods becomes necessary, no warehouseman shall remove any goods stored in his warehouse or transfer them to another warehouse without first obtaining the receipt in respect thereof, cancelling the same after issuing a new receipt.

IV. WEIGHERS, SAMPLERS AND GRADERS

RULE 36: APPLICATION FOR LICENCE BY WEIGHERS, SAMPLERS AND GRADERS

(1) No licence shall be granted under section 24 to any person

(a) to act as a weigher unless he is able to read and write in regional language and in English and has workable knowledge of taking weights and measures; to act as a sampler or grader unless he has passed "

(i) the Secondary School Certificate Examination, or

(ii) any examination declared by the prescribed authority as equivalent thereto with agriculture as one of the subjects or has received training in an agricultural School or has sufficient experience in the classification and gradation of goods used for agricultural purposes.

(2) Every application for a licence under section 24 to act as weighers, samplers or graders and to issue certificates as to the weight, bulk, quality or grade of any goods deposited or to be deposited in a warehouse shall be made in Form No. 12 to the prescribed authority and shall be accompanied, "

(a) by a fee of rupee one in the case of an application for licence to act as a weigher, and

(b) by a fee of rupees three in the case of an application for licence to act as a sampler or grader.

(3) The prescribed authority shall, on receipt of an application under sub-rule (2), after making such enquiries as may be considered necessary for the efficient working of the warehouse, grant the applicant a licence in Form No. 13 on his executing an agreement in such form as may be determined by the prescribed authority agreeing to conform with the rules and to the following conditions, namely

(i) every weigher, sampler or grader licensed under section 24 shall keep books in such forms and render such prescribed returns and at such time and in such form as the prescribed authority may from time to time direct, (ii) every licensed weigher, sampler or grader when plying his trade shall wear a distinguishing badge or a suitable pattern provided by the prescribed authority. A deposit of not less than one and not more than five rupees to cover the cost of the badge shall be paid by such weigher, sampler or grader to the prescribed authority,

(iii) no licensed weigher, sampler or grader shall recover charges exceeding the rates laid down by the prescribed authority from time to time,

(iv) the licence shall be liable to be suspended or cancelled for breach of any of the provisions of these rules or the conditions of the licence

Provided that where a warehouse is situated within a market yard, the weigher licensed by the Market Committee under the Bombay Agricultural Produce Market Act, 1939 or any law corresponding thereto in force in any part of the State shall be deemed to be licensed under the Act and these rules.

(4) Notwithstanding anything contained in sub-rules (1) and (3), the prescribed authority may refuse to grant or renew a licence to any person to act as weigher, sampler or grader who in his opinion, is not solvent or whose operations are not likely to further the efficient working of a warehouse

Provided that before refusing to grant or renew a licence the prescribed authority shall communicate to such person the grounds on which it is proposed to refuse to grant or renew the licence applied for and shall give him reasonable opportunity of showing cause against it.

A licence granted to a weigher, sampler or grader shall remain in force from the date on which it is granted till the 30th day of September next following.

certificates issued by weighers, samplers, or graders shall be in Form No. 14.

RULE 39: DUTIES OF WEIGHERS, SAMPLERS AND GRADERS

Every weigher, sampler or grader shall, without making any discrimination between persons desiring to avail themselves of his services, as soon as possible, weigh, sample or classify, as the case may be, any goods deposited or to be deposited in a warehouse.

RULE 40: RENEWAL OF LICENCE TO WEIGHERS, SAMPLERS AND GRADERS

Applications for renewal of licences granted to weighers, samplers and graders shall be made to the prescribed authority in Form No. 12 at least one month prior to the commencement of the year for which they are required and shall be accompanied by the fee prescribed in rule 36 for the initial grant of licence to weigher, or as the case may be, to sampler or grader. The conditions for renewal of a licence shall be the same as those on which a new licence is granted.

RULE 41: ISSUE OF DUPLICATE LICENCES TO WEIGHERS, SAMPLERS AND GRADERS

If the original licence granted to a weigher, sampler or grader is lost, destroyed, torn, defaced or otherwise becomes illegible, a duplicate thereof shall be issued on payment of a fee of Re. 1. Such duplicate licence shall be stamped "Duplicate".

RULE 42: SUSPENSION OR REVOCATION OF LICENCES OF WEIGHERS, SAMPLERS AND GRADERS

Subject to the provisions of section 26, the prescribed authority may, for reasons to be recorded in writing, suspend or revoke the licence granted to any weigher, sampler or grader if he contravenes any of the conditions of the licence or of these rules or if in the opinion of the prescribed authority his continuance as a licensee is likely to be detrimental to the working of the warehouse.

RULE 43: APPOINTMENT OF BOARD OF ARBITRATORS

On receipt of a written complaint against a weigher, sampler or grader relating to weight, quality or grade of the goods stored in a warehouse, the prescribed authority shall issue notices to either party to the dispute calling upon them to nominate an arbitrator each on their behalf within a period not exceeding 15 days from the date of the notice. If either of them fails to nominate an arbitrator within the period specified in the notice, the prescribed authority shall nominate the arbitrator on their behalf. He shall also nominate a third arbitrator on his behalf who shall act as the Chairman of the Board of Arbitrators.

RULE 44: PROCEDURE OF BOARD OF ARBITRATORS AND MODE OF EXECUTING AWARDS

In the conduct of proceedings before them, the Board of Arbitrators shall, as far as possible, follow the procedure prescribed in the Arbitration Act, 1940. Every award passed by the Board shall, if not carried out, be executed on a certificate signed by the Chairman of the Board in the same manner as a decree of a Civil Court.

RULE 45: WHEN WAREHOUSEMAN MAY DETERMINE WEIGHT, GRADE OR CLASS OF GOODS

In areas where there are no weighers, graders or samplers licensed under the Act, the weight, quality or grade of the goods covered by a receipt shall be as determined by the warehouseman.

V. MISCELLANEOUS

RULE 46: DISPLAY OF SIGNBOARD OF LICENSED WAREHOUSE

A licensed warehouseman shall display prominently by a suitable signboard for each warehouse that the warehouse has been licensed.

RULE 47: INSPECTION

On an inspection of a warehouse under section 23, the prescribed authority may give such instructions to the warehouseman as he considers necessary for the efficient conduct of the business of a warehouseman. If the warehouseman neglects or fails, to carry out such instructions, the prescribed authority may, declare that the warehouseman is incompetent to conduct the business of a warehouseman.

RULE 48: PRESCRIBED AUTHORITY TO MAINTAIN REGISTER OF LICENCES

The prescribed authority shall maintain a register of licences issued by it showing the number, and the nature of licence, the name of the licence, the date of issue of the licence, and the date of suspension or revocation of licence. Each entry therein shall be attested by the prescribed authority. A register shall be maintained in like manner for duplicate of licences issued by the prescribed authority. Any person may inspect such registers during office hours.

RULE 49: RETURN OF LICENCES

When a licence granted under the Act expires and is not renewed or is revoked, it shall be returned to the prescribed authority within seven days of such termination, or revocation.

RULE 50: MANNER OF GIVING NOTICES

(1) The notice to be given for revocation of a licence under sub-section (1) of section 9 shall be for a period of not less than a week and shall be sent by registered post. If the warehouseman does not show cause within a week of its receipt by him the prescribed authority shall decide the matter ex parte.

(2) The notice to be given to the depositor under sub-section (1) of section 16 shall be for a period of not less than a week and shall be sent by registered post. Such notice shall be served on all persons who hold interest in the goods as may be known to the warehouseman on the date of issuing the notice.

RULE 51: DISSOLUTION OF PARTNERSHIP FIRM, HOLDING LICENCE

Where a licence is held by a partnership firm and suchpartnership is subsequently dissolved, every partner of the firm shall send a report of the dissolution within a week of the dissolution to the prescribed authority who shall decide whether the licence granted should or should not be continued in the name of the succeeding partner or partners.

RULE 52: USE OF STANDARD WEIGHTS AND MEASURES BY WAREHOUSEMAN

Every warehouseman shall use only such scales weights and measures and weighing or measuring instruments as are duly certified to be correct for the purpose by an inspector appointed under the Bombay Weights and Measures Act, 1932, or any law corresponding to the Act in force in any part of the State of Bombay.

RULE 53: HOURS OF BUSINESS OF WAREHOUSES

Every warehouse shall be made available for transacting business as may be necessary for at least 8 hours a day between the hours of 7 a.m. to 7 p.m. The actual hours when business can be transacted shall be conspicuously exhibited at each warehouse :

Provided that a warehouseman may observe such weekly, national or other holidays as have been approved in this behalf by the prescribed authority.

RULE 54: SUPPLY OF REPORTS BY WAREHOUSEMAN

Every warehouseman shall, from time to time, make such reports as may be required by the prescribed authority concerning the conditions and contents of the warehouse and operation of his business as a warehouseman.

RULE 55: REPEAL AND SAVINGS

On the commencement of these rules, the Bombay Warehouses Rules, 1949 and all other rules corresponding thereto in force in any part of the State immediately before the commencement of these rules, shall stand mrepealed :

Provided that anything done or any action taken under any of the rules so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules, unless such thing or action is inconsistent with any of the provisions of these rules.