Miscellaneous

1. (1) An appeal against any order of the prescribed authority refusing to grant or renew a licence or suspending or cancelling any such licence in respect of a warehouseman or any orders passed under section 17 shall be made to such authority and within such time as may be prescribed. (2) The decision of such appellate authority shall be final.

Where any licence is suspended or cancelled under this Act, the licence shall not be entitled to any compenstaion therefor, nor shall he be entitled to the refund of any fee paid by him for the licence.

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

1. (1) Whoever -- (a) Acts, or holds himself out, as a licensed warehouseman without having obtained a licence under this Act, or (b) Knowingly, contravenes or fails to comply with any of the provisions or requirements of this Act or the rules, Shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both. (2) Where a person committing an offence under sub-section (1) is a company or an association or a body of persons, whether in- corporated or not, the Manager, Secretary, agent or other principal officer, managing the affairs of such company, association or body, shall be deemed to be guilty of such offence.

Every warehouseman shall allow necessary facilities for the depositor to inspect and satisfy himself that his goods are properly cared for.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) The matters expressly required or allowed by this Act to be prescribed; (b) The conditions to be inserted in licences to be granted to warehouseman and the form of such licences; (c) The publication of the grant, suspension or cancellation of licence to warehouseman and of consolidated lists of warehouseman and licensed warehouse; (d) The charges to be levied by warehousemen for their services; (e) The books, accounts and records to be maintained by warehouseman; (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 disinfection 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 gradation 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.12 (3) The power to make rules under this section shall be subject to the condition of previous publication.

The State Government may, by notification in the Official Gazette, for reasons to be recorded, exempt any person from all or any of the provisions of this Act.

Nothing contained in this Act shall apply to warehouses licenced under the provisions of the Sea Customs Act, 1878 (Central Act 8 of 1878): the Inland Bonded Warehouses Act, 1896 (Central Act 8 of 1896) or the Central Excise and Salt Act, 1944 (Central Act 1 of 1944) or the rules made thereunder.

The Jaipur Warehouses Act, 1948 (Jaipur Act XXVVIII of 1948) in force in the area of the former Jaipur State, the Bombay Warehouses Act, 1947 (Bombay Act LVI of 1947) in force in the Abu area and all other corresponding laws in force in any area now forming part of the State of Rajasthan are hereby repealed.