Keyword(s):
Co-Operative Society, Depositor, Goods, Receipt, Warehouse, Warehouseman
An Act to provide for the regulation and licensing of warehouses in the State of Kerala
[3][“ Preamble.- Whereas it is expedient to provide for the regulation and licensing of
warehouses in the State of Kerala;
Be it enacted as follows:-”]
CHAPTER I
Preliminary
1. Short title extend and commencement.- (1) This Act may be called the Kerala
Warehouses Act, 1960
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by
notification in the Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “co-operative society” means a society registered or deemed to be registered
under the Travancore-Cochin Co-operative Societies Act, 1951, or the Madras Co-
operative Societies Act, 1932, which is engaged in any of the activities specified in sub-
section (1) of section 9 of the Agricultural Produce (Development and Warehousing)
Corporations Act, 1956 (28 of 1956);
(b) “depositor” means a person who tenders his goods to the warehouseman for
storing in his warehouse , and includes any person who lawfully holds the receipt issued
by the warehouse man in respect of such goods and derives title thereto by a proper
endorsement or transfer thereof to him by the depositor or the depositor’s lawful
transferee;
(c) “goods” means any of the articles specified in the schedule;
(d) “licensed warehouse” means a warehouse licensed under this Act;
(e) “prescribed” means prescribed by rules made under this Act; (f) “prescribed authority” means, in relation to any provision of this Act, the
authority prescribed to carry out such provision;
(g)“receipt” means a receipt in the prescribed form issued by a warehouseman to a
person depositing goods in the warehouse;
(h) “rules” means rules made by the Government under this Act;
(i) “warehouse” means any building, structure or other protected enclosure which is
or may be used for the purpose of storing goods on behalf of depositors, but does not
include cloak rooms attached to hotels railway stations, the premises of other public
carriers, and the like;
(j) “warehouseman” means a person who has obtained a licence under this Act in
respect of his warehouse.
CHAPTER II
Licensing of warehouses
3. Warehouseman.- No person shall carry on the business of a warehouseman except
under a licence granted under this Act and in accordance with such terms and conditions
may, from time to time, be prescribed.
4. Grant of licence.- (1) Application for a licence shall be made in the prescribed form
to the prescribed authority.
(2) The prescribed authority may, on receiving such application and on payment
of such fees as may be prescribed, grant a licence
5. Conditions for licence.- Before granting a licence, the prescribed authority shall
satisfy itself.-
(a) that the warehouse is suitable for proper storage of the class or classes of goods
in respect of which the licence has been applied for;
(b) that the applicant is competent to conduct such a warehouse;
(c) that the applicant has paid the fee prescribed for the licence and has also
furnished the prescribed security, if any, provided that where the applicant is a
corporation established under the Agricultural Produce (Development and Warehousing)
Corporations Act, 1956 (28 of 1956), no security need be furnished; and (d) that there is no other cause or reason for which the applicant is, in the opinion of
the prescribed authority, disqualified.
6. Term and renewal of licence.- Every licence granted under section 4 shall be valid
for the prescribed period, and may, on application and payment of the prescribed fee, be
renewed from time to time by the prescribed authority and for the prescribed period,
provided the other conditions referred to in section 5 continue to be fulfilled.
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