Vidhi Codex

section 35

Power to make rules

The Himachal Pradesh Warehouses Act, 1976
Corporate197630 sections
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Statutory text
  1. (1) The Government may, by notification, make rules to carry out the purposes of this Act.
  2. (2) In particular and without prejudice to the generality of foregoing power such rules may provide for—
    • (a) the matters expressly required or allowed by this Act to be prescribed ;
    • (b) the form of licences to be granted to a warehouseman;
    • (c) the publication of the grant, suspension, revocation or cancellation of licences to warehousemen and of consolidated lists of warehousemen and licensed warehouses;
    • (d) the charges to be levied by warehousemen for their services;
    • (e) the books, accounts and records to be maintained by warehousemen;
    • (f) the conduct of public auctions for the sale of goods deteriorating or about to deteriorate in licensed warehouses and the manner in which the proceeds of such sales shall be accounted for;
    • (g) the scales of losses and gains of weight or bulk which may be sustained by goods owing to shrinkage or dryage in the one case and owing to absorption of moisture in the other;
    • (h) the disinfections of licensed warehouses and the disinfection of goods stored therein;
      • (i) the circumstances in which any security or bond furnished by a warehouseman may be forfeited, and the manner in which any sum falling due as a result of such forfeiture may be recovered ;
    • (j) the efficient conduct generally of the business of warehousemen;
    • (k) the qualifications to be possessed by persons applying for the grant of licences as weighers, samplers or graders, the conditions to be inserted in their licences; the form of the certificates to be issued by them and the grounds for which the licences may be suspended or cancelled;
    • (l) the standard weights, measures and gradations of goods to be used in licensed warehouses;
    • (m) the authority to which and the time within which an appeal under section 29 should be made;
    • (n) the manner of giving notices under this Act.
  3. (3) Every rule made, under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session aforesaid, the Assembly makes any modifications in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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