MADHYA PRADESH AGRICULTURAL WAREHOUSE RULES,
1961[1] In exercise of the powers conferred by
Section 24 of the Madhya Pradesh Agricultural Warehouse Act, 1947 (I of 1948),
the State Government hereby makes the following rules, the same having been
previously published as required by sub-section (1) of the said section, namely
: These rules may be called The Madhya Pradesh
Agricultural Warehouse Rules, 1961. In these rules, unless there is anything
repugnant in the subject or context, (i)
"Act"
means the Madhya Pradesh Agricultural Warehouse Act, 1947 (I of 1948); (ii)
"Co-operative
Society" means a society registered as Co-operative Society under any law
relating to the registration of Co-operative Societies in force in any region
of the State ; (iii)
"Form"
means a form appended to these rules; (iv)
"Grader"
means a person licensed under the Act to classify the goods according to grade
or otherwise and issue a certificate ; (v)
"Licence"
means a licence issued under the Act by the prescribed authority; (vi)
"Negotiable
receipt" means a receipt in which it is stated that the goods therein
specified will be delivered to bearer or to the order of a named person; (vii)
"Non-negotiable
receipt" means a receipt in which it is stated that the goods therein
specified will be delivered to the depositor thereof; (viii)
"Rules"
means rules made under the Act; (ix)
"Sampler"
means a person licensed under the Act to sample the goods and issue a
certificate thereof; (x)
"Warehouseman's
bond" means the bond required under the Act to be given by warehouseman; (xi)
"Warehouse
receipt" means a receipt drawn up in conformity with the rules (made under
the Act) and issued by a warehouseman to a depositor showing that certain goods
described therein have been deposited in his warehouse; (xii)
"Weigher"
means a person licensed under the Act to weigh goods and issue a certificate of
the weight. (1)
Save
as otherwise provided in sub-rule (2) or (3) the [2][Managing
Director, Madhya Pradesh State Warehousing Corporation (hereinafter referred to
as Managing Director)], shall be the prescribed authority within the meaning of
clause (c) of Section 2 of the Act and the rules. (2)
For
the purpose of sub-section (1) of Section 18 of the Act, the prescribed
authority shall be the warehouseman. (3)
The
[3][Managing
Director] may authorise any officer in writing to exercise within a specified
area subject to such conditions, if any, as may be specified by the [4][Managing
Director], all or any of the powers conferred upon him as prescribed authority
under sub-rule (i) and thereupon such officer shall be deemed to be the
prescribed authority to the extent of the authority conferred upon such officer
by the [5][Managing
Director]. (1)
A
warehouseman, desiring to carry on the business for warehousing in any area,
shall make an application in Form No. 1 to the prescribed authority. (2)
Such
application shall be delivered at the office of the prescribed authority during
office hours personally by the applicant or his agent or sent by registered
post addressed to the prescribed authority. (3)
An
application for the first time may be made on any date, but an application for
renewal of a licence shall be made not less than thirty days before its expiry. The licence shall be in Form II and shall be
valid upto 30th June next following. There shall be charged an annual fee of Rs.
20 for issuing a licence to a warehouseman. A warehouseman shall not make any charge in
excess of that authorised by his licence for services rendered. Before a
licence to conduct a warehouse is granted under the Act, the warehouseman shall
file with the prescribed authority for approval a copy of his rules and
a schedule of the maximum charges to be made by him, if licensed. Any
change in such rules or schedule of charges shall be subject to the previous
approval of the prescribed authority. Each warehouseman shall exhibit
conspicuously a copy of his current rules and schedule of charges as approved
by the prescribed authority. He shall also exhibit a translation of it in
Hindi. (1)
On
receipt of the application for a licence the prescribed authority shall make
the enquiry required under Section 5 of the Act. It may, if satisfied that the
security called for by it has been furnished and is sufficient and that
conditions prescribed by that section have been complied with, grant the
licence in Form No. II. (2)
The
licences granted to warehouses shall be numbered consecutively, and a register
of such licences shall be kept by the prescribed authority. If the prescribed authority refuses to grant
a licence, it shall in writing, communicate to the applicant the fact of such
refusal, together with the reasons therefor. A warehouseman applying for a licence shall
file a bond with the prescribed authority to cover all obligations arising
thereunder during the period of the licence for such amount as may be
determined by it after taking into account the storage capacity of the
warehouse, the nature of goods to be stored therein, and any other matter
connected therewith: [6][Provided that no
such bond need be filed by a Warehousing Corporation established under the
Agricultural Produce (Development and Warehousing) Corporation Act, 1956 (28 of
1956). The warehouseman shall have and maintain
above all exemptions and liabilities, net assets liable for the payment of any
indebtedness arising from the conduct of the warehouse to such extent as may be
prescribed by the prescribed authority after taking into account the storage
capacity of the warehouse and the nature of goods to be stored therein, etc. In
case of buildings, machinery or merchandise are included among such assets, the
warehouseman shall keep them insured against loss or damage by fire with a
company or companies approved by the prescribed authority : [7][Provided that no
such assets need be maintained by a Warehousing Corporation established under
the Agricultural Produce (Development and Warehousing) Corporations Act, 1956
(28 of 1956)]. [8][(1) Whereas
application for a licence to conduct a warehouse is rejected by an
authority other than the State Government, the person aggrieved by such
order by rejection may prefer an appeal to the State Government within thirty
days from the date of the communication of the order of rejection to such
person.] (2) The appellate authority shall decide the
appeal after giving the appellant or his pleader a reasonable opportunity to be
heard. The decision of the appellate authority shall be final. Upon satisfactory proof of the loss or
destruction of a licence issued to a warehouseman or on the production of such
a licence torn, defaced or otherwise rendered illegible, a duplicate thereof
may, at the discretion of the prescribed authority, be issued under the same
number as the original on payment of a fee of Rs. 5 and it shall be marked
"DUPLICATE". A licence which is torn, defaced or rendered illegible,
shall be surrendered by the warehouseman. For goods stored by a depositor in a
warehouse licensed under the Act, the warehouseman shall issue a receipt to the
depositor for such goods in Form No. III. Every receipt for the goods so issued by the
warehouseman shall bear stamp of the value prescribed in the Indian Stamp Act,
1899 (II of 1899), as in force in the State. A receipt shall contain the following
particulars : (a)
the
location of the warehouse where the goods are stored; (b)
the
name of the person by whom or on whose behalf the goods are deposited; (c)
the
date of issue of receipt; (d)
a
statement either (i)
that
the goods shall be delivered to the holder thereof; or (ii)
that
the goods will be delivered to bearer or to the order of a named person; (e)
the
rate of storage charges; (f)
a
description of the goods or of the packages containing them in the form laid
down by the prescribed authority for the purpose; (g)
the
signature of the warehouseman or his authorised agents; and (h)
a
statement of the amount of any advance made and of any liability incurred for
which the warehouseman claims a lien where the warehouseman is a Co-operative
Society. Where a warehouseman omits from a negotiable
receipt any of the particulars set forth in Rule 16, he shall be liable for
damage caused by the omission. No receipt shall, by reason of the omission
of any of the particulars set forth in Rule 16, be deemed not to be a warehouse
receipt. Rule - 19. Negotiable
receipts. Words in a negotiable receipts limiting its
negotiability shall be void. A warehouseman who issued a non-negotiable receipt
shall cause to be plainly marked upon its face the words "NOT
NEGOTIABLE". A warehouseman shall maintain his warehouse
in good and proper condition, and shall comply with the detailed rules, if any,
laid down in this behalf by the prescribed authority. A warehouseman in the absence of lawful
excuse shall deliver the goods referred to in the warehouse receipt (a)
in
the case of a negotiable receipt, to the bearer thereof, upon demand made by
the bearer and during business hours after (i)
the
warehouseman's lien is satisfied; (ii)
the
receipt is surrendered with such endorsement as are necessary, for the
negotiation of the receipt; and (iii)
the
delivery of the goods is acknowledged in writing; (b)
in
the case of non-negotiable receipt, to the depositor thereof upon the depositor (i)
satisfying
warehouseman's lien, and (ii)
acknowledging
in writing the delivery of the goods. The depositor of goods shall examine the
contents of goods at the time of taking delivery, and shall give notice to the
warehouseman in writing with full particulars of the loss or damage if any,
caused to the goods within 72 hours of delivery. A copy of the notice shall
also be sent to the prescribed authority. Similar notice of claim for damage
shall be given to the warehouseman by the depositor in case he (depositor)
comes to know of the loss or damage while the goods are in the warehouse. (1)
Except
as provided in Rule 28, a warehouseman who delivers goods for which he has
issued a negotiable receipt shall take up and cancel that receipt of the goods
so delivered. (2)
Neg'otiable
receipt to be marked on delivery of part of goods. Except as laid down in Rule 29, every
warehouseman who delivers part of the goods for which he has issued a
negotiable receipt, shall place plainly upon it a statement of what goods or
packages have been delivered. Where a negotiable receipt has been lost,
destroyed, torn, defaced or otherwise becomes illegible the warehouseman upon
application by the person lawfully entitled to the possession of the goods,
shall, upon satisfactory proof of such loss or destruction or on the production
of such a receipt torn, defaced or otherwise rendered illegible, issue a
duplicate receipt to the depositor after examination and certification, and it
shall be marked "DUPLICATE". The receipt torn, defaced or rendered
illegible shall have to be surrendered by the depositor. The warehouseman may
require such a person to indemnify the warehouseman against any liability, cost
or expense he may be under or be put to by the original receipt remaining
outstanding. Where authorised by agreement, warehouseman
may mingle fiunible goods with other goods of the same kind and grade. In that
case the holder of the receipt for the mingled goods shall own the entire mass
in common, and each holder shall be entitled to such proportion thereof as the
quantity shown by his receipt to have been deposited, bears to the whole. Where a negotiable receipt is issued for
goods, the warehouseman shall have no lien on the goods except for charges of
storage of those goods to the date of the receipt unless the receipt expressly
enumerates other charges for which a lien is claimed. (1)
Where
goods are of a perishable nature or by their storage will deteriorate greatly
in value or injure other goods stored, the warehouseman shall give such notice
as is reasonable and possible under the circumstances to the depositor
requiring him to satisfy the lien upon the goods from the warehouse. On failure
of such person to satisfy the lien and remove the goods within the time
specified in the notice, the warehouseman may sell the goods at a public
auction. A copy of the notice shall also be sent to the person on whose behalf
the depositor's produce is stored in the warehouse, if the name and address of
such person is known to the warehouseman. (2)
Method
of giving notice. The notice referred to in sub-rule (1) may be
given by sending it by registered post addressed to the person to whom it is to
be given at the person's last known place of address. (3)
Disposal
of goods. If the warehouseman, after a reasonable
effort, is unable to sell the goods at public auction, he may dispose them off
in any manner he may think fit and shall incur no liability by reason thereof. (4)
Proceeds
of sale. 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 28, the warehouseman shall not be liable for
failure to deliver the goods to the holder of the receipt. The goods covered by a non-negotiable receipt
may be transferred by the depositor to a purchaser or donee of the goods by a
transfer in writing executed by the depositor but the transfer shall not affect
or bind the warehouseman until he is notified in writing thereof. The warehouseman shall fully insure the
warehouse against fire and also against other risk when so directed by the
prescribed authority. He shall also insure the goods deposited in the warehouse
against risks of fire etc., and shall be deemed to be an agent of the depositor
for this purpose. If at any time a fire should occur at or
within any warehouse, it shall be the duty of the warehouseman to report
immediately within 24 hours to the prescribed authority and the insurance
company, the occurrence of such fire and extent of damage. (1)
Each
warehouseman shall have and maintain a system of accounts approved for the
purpose by the prescribed authority. This shall include the following : (i)
a
store record, showing the specification and other particulars of goods received
for storage, its location, the date received for and delivered out of stage; (ii)
the
receipts issued and cancelled; (iii)
a
separate record for each depositor of goods which shall include a detailed
record of all moneys received and disbursed of all insurance policies taken out
and cancelled. (iv)
a
register for noting the subsequent holders of warehouse receipts for giving
notice under Rule 28; (v)
a
general insurance account showing policy number, issuing company, amount
binding and expiration, date of fire and other risks, insurance policies taken
out by him and the property covered by such policies. (2)
All
records, books and papers pertaining to the warehouse shall be kept in a place
of safety. (3)
A
warehouseman shall allow the persons authorized by the prescribed authority to
inspect or examine his warehouse and also all books, records and papers
maintained by him. (4)
A
warehouseman shall submit to the prescribed authority from time to time such
reports as are required by him regarding conditions, contents, operation and
business of the warehouse, etc. Application to act as weigher, sampler or
grader shall be made in Form No. IV to the prescribed authority. The
application shall be signed by the applicant. The prescribed authority may
issue a licence to the weigher, sampler or grader on payment of the annual
licence fee of Rs. 5 if it is satisfied that the applicant can correctly weigh,
sample or grade, as the case may be, in accordance with the standard laid down
by the State Government or in the absence of such standards in accordance with
any standards approved by the prescribed authority. The applicant shall supply
any further information that may be required in connection to his application
to the prescribed authority. A single application may be made by any
person for a licence to act as a weigher, sampler or grader. (1)
Each
weigher, sampler or grader shall without discrimination, as soon as
practicable, weigh, sample or classify, as the case may be, and certify the
weight, grade, etc., of agricultural produce stored or to be stored in a
warehouse. (2)
Each
weigher, sampler or grader shall issue certificate in Form No. V and shall
embody within its written or printed terms. (i)
the
caption The Madhya Pradesh Agricultural Warehouse Act, 1947-Weight/Sample/Grade
Certificate. (ii)
the
name and location of the warehouse in which the grain or produce is to be
stored; (iii)
the
date of the certificate; (iv)
the
consecutive number of certificate; (v)
the
weight of grain or produce covered by the certificate; (vi)
the
kind of grain or produce covered by the certificate; (vii)
the
grade and or weight of grain or produce as determined by a licensed weigher or
sampler or grader; (viii)
that
the certificate is issued under.............Warehouse Act and the Rules made
thereunder. (ix)
the
signature of the licensed weigher, sampler or grader. The disputes referred to in sub-section (2)
of Section 20 shall be referred to the prescribed authority within 72 hours of
the cause of the dispute. The application referring a dispute to the
prescribed authority shall state (i)
the
names and post office of the party referring the dispute; (ii)
the
names and post office addresses of other parties involved; (iii)
the
name and location of licensed warehouse in which grain or produce is or was to
be stored; (iv)
the
identification and location of the grain at the time of submitting the dispute; (v)
if
samples have been agreed upon and are submitted; (vi)
name
of the sampler, grader or weigher; and (vii)
such
other information as may be required by the office in which such application is
filed. Such application shall be signed by the party and may be signed by any
one or more or all of the parties interested in such dispute. The prescribed authority with whom the
application is filed may reject such application without the decision (i)
upon
request of the party referring the dispute; (ii)
if
it be found that the application was not submitted in good faith; (iii)
for
non-compliance with the rules; or (iv)
because
sufficient evidence is not available to decide the dispute. The sample or samples of the grain involved
in the dispute shall be examined as soon as possible. Such tests shall be
applied as are necessary. A grade or weight certificate shall be issued by the
prescribed authority hearing the dispute showing the grade or weight assigned
by it to such grain. Such grade or weight certificate shall supersede the grade
or weight certificate previously issued. Copies of the new certificate shall be
forwarded to the warehouseman and the parties referring the dispute. The fees payable in respect of disputes and
other charges shall be on a scale to be fixed by the prescribed authority in
that behalf, and shall be recovered from the complainants. No person licensed under the Act shall,
directly or indirectly by any means, whatsoever, deter or prevent or attempt to
deter or prevent any party from referring the dispute to the prescribed authority. The prescribed authority may, either on
receiving a dispute or on his own initiative, suspend or cancel the licence of
a weigher, sampler or grader for reasons to be recorded in writing. A licensed warehouseman shall display
prominently by a suitable signboard for each warehouse that the warehouse has
been licensed. The prescribed authority shall get the licensed
warehouse including its equipment, etc., examined and inspected at least [9][once
in a year], and receive a report in writing thereof; and shall give such direction, as it may deem
fit, to the warehouseman. No warehouseman shall accept for storing in his
warehouse goods which are contaminated or infected by worms and pests and which
are likely to cause damage to other goods stored in the warehouse. If the
warehouseman neglects or fails to carry out such directions the prescribed
authority may, after hearing the warehouseman, cancel or suspend his licence. Every person licensed under the Act shall
immediately furnish to the prescribed authority any information which comes to
his knowledge tending to show that any of the provisions of the Act or the
Rules has been violated. A warehouseman shall not (i)
issue
a warehouse receipt without actually receiving the goods; (ii)
make
false statements in the warehouse receipt; (iii)
issue
a duplicate receipt without marking on the receipt the word
"Duplicate"; (iv)
issue
a receipt for goods of which he is the owner and not clearly stating the fact. Grant of licences to warehouseman, weighers,
samplers and graders as well as suspension or cancellation of licences
shall be published in the Gazette. List of licensed warehouses together with
the location of the warehouses as well as the list of licensed weighers,
samplers or graders, shall also be published periodically in the Gazette. If, on suspending or cancelling the licence
of a warehouseman the prescribed authority is of the opinion that the warehouse
should be taken, it may take over the warehouse and appoint a suitable person
of a registered Co-operative Society to conduct the business of the
warehouseman for a period to be specified in the order not exceeding four years
in the aggregate. The person or persons so appointed shall get such
remuneration as the prescribed authority may fix and such remuneration shall be
a first charge on the income of the warehouse and on the amount of security
furnished by the warehouseman. On the expiration of the period specified in
the order, the prescribed authority may restore the licence or issue a fresh
licence, as the case may be, if it finds that no cause exists for the
suspension or cancellation of the licence; but if the prescribed authority is
of the opinion that no such restoration or fresh grant should be made in the
name of the original warehouseman, it may issue a fresh licence in the name of
a Co-operative Society, if any, is available on terms and conditions to be
determined by the prescribed authority provided the original warehouseman is
agreeable to the proposal, failing which the licence, if not already cancelled,
shall be cancelled and the possession of the warehouse delivered to the person
entitled thereto. Every notice, order or document by or under
the Act required or authorised to be sent or given to any person may be served
or delivered, either personally or by registered post or left at the last known
place of residence or business of the person concerned. The prescribed authority shall maintain a
register of licences issued by it showing the number, nature of the licence,
the name of the licencee, the date of issue of the licence, the date of
suspension or cancellation, and each entry shall be attested by the signature
of the prescribed authority. A register shall be maintained in like manner for
duplicates of licences issued by the prescribed authority. Any person may
inspect these registers on payment of a fee of annas eight for each inspection. The Madhya Pradesh Agricultural Warehouse
Rules, 1951, and all other rules corresponding thereto in force in any region
of the State of Madhya Pradesh immediately before the commencement of these
rules are hereby repealed : Provided that anything done or any action
taken under any of the rules so repealed shall, unless such thing or action is
inconsistent with any of the provisions of these rules, be deemed to have been
done or taken under the corresponding provisions of these rules. [1] Notification No.
4046-4623-XV, published in M.P. Rajapatra (Asadharan) dated 25-8-61, Part IV-G,
p. 593. [2] Substituted by
Notification No. F. 11-14-2001-XXIX-2, dated the 10th December, 2001. [3] Substituted by
Notification No. F. 11-14-2001-XXIX-2, dated the 10th December, 2001. [4] Substituted by
Notification No. F. 11-14-2001-XXIX-2, dated the 10th December, 2001. [5] Substituted by Ibid. [6] Inserted by MP Govt.
Co-operative Deptt. Notification No. 1222-XV-62, dated 22-3-62 published in
M.P. Rajpatra dated 20-4-62, Part IV-G, p. 2-38. [7] Inserted by MP Govt.
Co-operative Deptt. Notification No. 1222-XV-62, dated 22-3-62 published in
M.P. Rajpatra dated 20-4-62, Part IV-G, p. 2-38. [8] Substituted by
Notification No. F. 11-14-2001-XXIX-2, dated 10th December, 2001, Published in
M.P. Rajpatra Part IV (Ga) dated 21-12-2001 page 218. [9] Substituted by MP.
Gaz., Part I, dated 7-5-1972, p. 90.MADHYA
PRADESH AGRICULTURAL WAREHOUSE RULES, 1961
PREAMBLE