Bare ActsThe Gujarat Warehouses Act, 2006

Section 41

Amendment status not verified — confirm the current text below against the official source.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying into effect the purposes of this Act. (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 and the fee 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 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 conditions on or under which a duplicate of a licence may be issued; (vii) the conditions (including disinfection of warehouses and the goods stored therein) which a warehouseman shall fulfill under sub- section (1) of section 14; No Compensation for suspension or cancellation of licence. Contracts and agreements inconsistent with Act to be void. Power of State Government to delegate its powers. Power of State Government to amend Schedule. Power of State Government to exempt warehouses. Power to make rules. 14 (viii) the books, accounts and records to be kept and maintained under section 19; (ix) the manner in which goods deposited in a warehouse shall be insured under sub-section (1) of section 20; (x) the rates at which charges for insurance shall be recoverable under sub-section (2) of section 20; (xi) the concessions which may be granted by a warehouseman to a co- operative society under section 21; (xii) 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, 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 sections 24,25,26 and 29; (xiii) the form for the issue of a receipt under section 31 and the fee to be paid for the issue of a duplicate receipt and the conditions under which the duplicate receipt may be issued under section 33; (xiv) the publication of the grant, suspension and revocation of licences and the list of warehouseman and their warehouses; (xv) the charges to be made by a warehouseman for storing goods in his warehouses; (xvi) the manner of giving notices under this Act; (xvii) 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; (xviii) the classification of goods stored by a warehouseman; (xix) the standard weights, measures and gradation of goods, to be used in a warehouse; (xx) the procedure to be followed in proceedings before the Board of Arbitrators and the mode of executing their awards; 15 (xxi) generally for the efficient conduct of the business of a warehouseman; (xxii) any other matter which is to be, or may be, prescribed. (3) In making rules under this section, the State Government may provide that any person failing to comply with or contravening the provisions of any rules shall, on conviction, be punished with fine which may extend to one hundred rupees. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. (5) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following. (6) Any rescission or modifications so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

Section 41 – The Gujarat Warehouses Act, 2006 | DailyLaw.ai