Chapter VI MISCELLANEOUS

1. (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 and 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. (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. (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. (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. (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 2.- 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 person in charge of or responsible to a corporation established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (28 of 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.

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.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act.
2. (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 fulfil 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.
3. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.
4. (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 :-

1. (a) the Bombay Warehouses Act, 1947 (Bom. LVI of 1947);
2. (b) the Hyderabad Warehouses Regulation, 1358 Fasli (Hyd. Reg. XLVI of 1358 Fasli);
3. (c) the Central Provinces and Berar Agricultural Warehouses Act, 1947 (C.P. and Berar Act No. I of 1948) and
4. (d) the Saurashtra Warehouses Act, 1956 (Sau. Act XIV of 1956), shall stand repealed: Provided that such repeal shall not affect-
5. (a) the previous operation of any law so repealed or anything duly done or suffered thereunder;
6. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed;
7. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
8. (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 proceeding 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 (VIII of 1878), the Central Excises and Salt Act, 1944 (I of 1944) or the Inland Bonded Warehouses Act, 1896 (VIII of 1896) or any law corresponding thereto or to a warehouse belonging to or appointed by the Trustees of the Port of Bombay.