Bare Act Search Results

Depositories Act, 1996 (22 of 1996) Section 9

Title: Securities in Depositories to Be in Fungible Form

State: Central

Year: 1996

(1) All securities held by a depository shall be dematerialised and shall be in a fungible form. 1[(2) Nothing contained in sections 153, 153A, 153B, 187B, 187C and 372 of the Companies Act, 1956 (l of 1956), shall apply to a depository in respect of securities held by it on behalf of the beneficial owners.] ________________________ 1. Substituted by Act 8 of 1997, section 22, for sub-section (2) (w.e.f. 15-1-1997).

Warehousing (Development and Regulation) Act, 2007 Complete Act

State: Central

Year: 2007

.....for any loss, destruction, damage or deterioration of the goods delivered to him for storage attributable to circumstances such as force majeure, act of war, act of public enemies and the like. Section 7 Duties of warehousemen (1) In the absence of a lawful excuse, a warehouseman shall deliver the goods referred to in a negotiable receipt, to the holder of the receipt on demand made by the holder and on the holder fulfilling all the following conditions, namely:- (a) satisfying the warehouse lien; (b) surrendering the receipt in case of non-negotiable receipt and surrendering the receipt with endorsements in case of negotiable receipt; and (c) acknowledging in writing the receipt of the goods.- (2) If a warehouseman refuses or fails to deliver the goods in compliance with the provisions of this section, the burden of proof shall lie on the warehouseman to establish the existence of a lawful excuse for the refusal or failure. Section 8 Duties of warehouseman to keep records and account of warehouse business (1) Every warehouseman shall keep in a place of safety a complete and accurate set of records and accounts of all transactions pertaining to the operation of a.....

Warehousing (Development and Regulation) Act 2007 Chapter I

Title: Preliminary

State: Central

Year: 2007

.....of the Transfer of Property Act, 1882(4 of 1982); (c) "Authority" means the Warehousing Development and Regulatory Authority established under sub-section (1) of section 24; (d) "depositor" means a person who delivers goods to the warehouseman for storage; (e) "endorsee" means the person to whom the warehouse receipt is negotiated; (f) "endorsement" means signing on the warehouse receipt by the depositor or holder of the warehouse receipt for the purpose of its negotiation; (g) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm, computer generated micro fiche or similar device; (h) "fungible goods" means any goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit and are received by a warehouseman as fungible goods; (i) "goods" means all tangible movable goods (other than actionable claims, money and securities), whether fungible or not; (j) "grade" means the quality standard of any goods as notified as grade designation by the Central Government under the Agricultural Produce (Grading and Marking) Act, 1937(1 of.....

Warehousing (Development and Regulation) Act 2007 Section 2

Title: Definitions

State: Central

Year: 2007

.....of the Transfer of Property Act, 1882(4 of 1982); (c) "Authority" means the Warehousing Development and Regulatory Authority established under sub-section (1) of section 24; (d) "depositor" means a person who delivers goods to the warehouseman for storage; (e) "endorsee" means the person to whom the warehouse receipt is negotiated; (f) "endorsement" means signing on the warehouse receipt by the depositor or holder of the warehouse receipt for the purpose of its negotiation; (g) "electronic form", with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, microfilm, computer generated micro fiche or similar device; (h) "fungible goods" means any goods of which any unit is, by nature or usage of trade, the equivalent of any other like unit and are received by a warehouseman as fungible goods; (i) "goods" means all tangible movable goods (other than actionable claims, money and securities), whether fungible or not; (j) "grade" means the quality standard of any goods as notified as grade designation by the Central Government under the Agricultural Produce (Grading and Marking) Act, 1937(1 of.....

Depositories Act, 1996 (22 of 1996) Chapter III

Title: Rights and Obligations of Depositories, Participants Issuers and Beneficial Owners

State: Central

Year: 1996

..... Section 11 - Register of beneficial owner Every depository shall maintain a register and an index of beneficial owners in the manner provided in section 150, section 151 and section 152 of the Companies Act, 1956 (1 of 1956). Section 12 - Pledge or hypothecation of securities held in a depository (1) Subject to such regulations and bye-laws, as may be made in this behalf, a beneficial owner may with the previous approval of the depository create a pledge or hypothecation in respect of a security owned by him through a depository. (2) Every beneficial owner shall give intimation of such pledge or hypothecation to the depository and such depository shall thereupon make entries in its records accordingly. (3) Any entry in the records of a depository under sub-section (2) shall be evidence of a pledge or hypothecation. Section 13 - Furnishing of information and records by depository and issuer (1) Every depository shall furnish to the issuer information about the transfer of securities in the name of beneficial owners at such intervals and in such manner as may be specified by the bye-laws. (2) Every issuer shall make available to the depository copies of the.....

Warehousing (Development and Regulation) Act 2007 Chapter III

Title: Warehousemen

State: Central

Year: 2007

.....of the sale shall be published in a leading newspaper having circulation in the locality where, the sale is to be held as well as where the owner of the goods is located and the sale shall be held not less than fourteen days from the date of first publication of the advertisement. (9) The warehouseman shall, from the proceeds of the sale, satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto. (10) If the surplus is not demanded by the person entitled thereto within ten days after the sale of goods or if there are different claims, the warehouseman shall seek instructions from the Authority and act as per the orders of the Authority.

Warehousing (Development and Regulation) Act 2007 Section 9

Title: Special Powers of Warehouseman to Deal with Perishable Andhazardous Goods

State: Central

Year: 2007

.....time specified in the notice, the warehouseman may sell the goods at public or private sale without advertising. (3) The notice referred to in sub-section (1) may be given by sending it by electronic mail, speed post or registered post or telegraphically addressed to the person to whom it is to be given at the last known address of the person and the notice is deemed to be given on the third day of the mailing. (4) If the warehouseman after a reasonable effort is unable to sell the goods, the warehouseman may dispose of them in such other manner as he deems proper and shall incur no liability for that reason. (5) From the proceeds of any sale or disposal of goods made under this section, the warehouseman shall, after satisfying his lien, hold the balance in trust for the holder of the receipt. (6) No notice shall be necessary if the warehouseman is satisfied on reasonable grounds that in the circumstances of the case giving such notices is likely to cause further prejudice to the goods. (7) If, at any time, the warehouseman is satisfied that the quality of any fungible goods or any part thereof has so deteriorated or is so deteriorating that it is necessary to do so, to.....

Depositories Act, 1996 Complete Act

State: Central

Year: 1996

.....of a depository. (2) Words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956) or the Securities Contracts (Regulation) Act, 1956 (42 of 1956) or the Securities and Exchange Board of India Act, 1992 (15 of 1992), shall have the meanings respectively assigned to them in those Acts. SECTION 03: CERTIFICATE OF COMMENCEMENT OF BUSINESS BY DEPOSITORIES. (1) No depository shall act as a depository unless it obtains a certificate of commencement of business from the Board. (2) A certificate granted under sub-section (1) shall be in such form as may be specified by the regulations. (3) The Board shall not grant a certificate under sub-section (1) unless it is satisfied that the depository has adequate systems and safeguards to prevent manipulation of records and transactions : Provided that no certificate shall be refused under this section unless the depository concerned has been given a reasonable opportunity of being heard. SECTION 04: AGREEMENT BETWEEN DEPOSITORY AND PARTICIPANT. (1) A depository shall enter into an agreement with one or more participants as its agent. (2) Every agreement under sub-section (1) shall be in such form as.....

Warehousing (Development and Regulation) Act 2007 Chapter IV

Title: Warehouse Receipts

State: Central

Year: 2007

.....warehouseman claims his lien; (n) date and signature of the warehouseman or his authorised agent; (o) declared shelf-life of goods; (p) the fact that the warehouseman holds the lien on the goods deposited for his storage and handling charges; and (q) that the receipt would be valid only till the date of expiry of declared shelf-life of the goods for which it is issued. (2) In case a warehouseman wilfully omits from a negotiable warehouse receipt any of the particulars set out in sub-section (1), he shall be liable for damages caused by such omission. (3) No warehouse receipt shall, by reason of the omission only of any of the particulars set-forth in sub-section (1), be deemed to be invalid for the purpose of settlement of disputes or claims. (4) Authority may, with the prior approval of the Central Government, add, delete or modify any particulars as specified in sub-clause (1) for all or any commodity or class of commodities or for any class of warehouses. Section 12 - Negotiability of warehouse receipts (1) The words in a negotiable warehouse receipt limiting its negotiability shall be void. (2) A warehouseman who issues a non-negotiable warehouse.....

Warehousing (Development and Regulation) Act 2007 Section 11

Title: Warehouse Receipts

State: Central

Year: 2007

..... (m) statement of the amount of any advance made and of any liability incurred for which the warehouseman claims his lien; (n) date and signature of the warehouseman or his authorised agent; (o) declared shelf-life of goods; (p) the fact that the warehouseman holds the lien on the goods deposited for his storage and handling charges; and (q) that the receipt would be valid only till the date of expiry of declared shelf-life of the goods for which it is issued. (2) In case a warehouseman wilfully omits from a negotiable warehouse receipt any of the particulars set out in sub-section (1), he shall be liable for damages caused by such omission. (3) No warehouse receipt shall, by reason of the omission only of any of the particulars set-forth in sub-section (1), be deemed to be invalid for the purpose of settlement of disputes or claims. (4) Authority may, with the prior approval of the Central Government, add, delete or modify any particulars as specified in sub-clause (1) for all or any commodity or class of commodities or for any class of warehouses.