THE KHYBER PAKHTUNKHWA WAREHOUSES ACT, 1946.

(ACT II OF 1947).

CONTENTS.

CHAPTER-I

PRELIMINARY.

PREAMBLE.

SECTIONS.

1.                  Title, extent and commencement.

2.                  Definitions.

CHAPTER-II

LICENSING OF WAREHOUSES.

3.                  Application Form.

4.                  Grant of License.

5.                  Conditions for License.

6.                  Term and Renewal of License.

7.                  Suspension and Cancellation of License.

8.                  Notice of Suspension and Cancellation of License.

9.                  Return of License.

10.              Duplicates.

11.              Prohibition of caryying on Busines as a Warehouseman with out a License.

CHAPTER-III.

DUTIES OF WAREHOUSE-MAN.

12.              Reasonable care of the Product Stored.

13.              Precautions against rates, pests and infected goods.

14.              Preservation of Identity of products.

15.              Products deteriorating in warehouse and their disposal.

16.              Delivery of products.

17.              Discrimination prohibited.

18.              Warehouseman not to lend, against the products in his warehouse.

19.              Issue of receipt.

20.              Receipt transferable by endorsement.

21.              Duplicate receipt.

CHAPTER – IV.

INSPECTION AND CLASSIFICATION OF PRODUCTS.

22.              Inspection.

23.              Licensed weighers and graders.

24.              Suspension or cancellation of license.

25.              Return of license.

26.              Prohibition of un-licensed weighers, graders, etc.

CHAPTER – V.

MISCELLANEOUS.

27.              Settlement of disputes.

28.              Penalty.

29.              Rules.

THE [1][KHYBER PAKHTUNKHWA] WAREHOUSES ACT, 1946.

ACT II OF 1947.

(Received the assent of the Governor, [2][Khyber Pakhtunkhwa] on the 8th February, 1947).

An Act for the Regulation of Licensed Warehouses in [3][Khyber Pakhtunkhwa].

CHAPTER–I.

PRELIMINARY.

            (ii) It extends to the whole of the [5][Province of the Khyber Pakhtunkhwa].

            (iii) The Act shall come into force on [6][such date as shall be notified by the Provincial Government in the official Gazette].

(a)          “Act” wherever used in this Act unless otherwise mentioned means the [7][Khyber Pakhtunkhwa] Warehouses Act, 1946.

(b)         “Co-operative Society” means a society established under the Co-operative Societies Act (NO. II) of 1912.

(c)          “Depositor” means a person who tenders his produce to the warehouse man for storing in his warehouse and shall include any person who lawfully holds the receipt issued by the warehouse man in respect of the goods and derives title to it by proper endorsement or transfer from the depositor or his lawful transferee.

(d)         “Government” means the Provincial Government.

(e)          “Prescribed” means prescribed by rules under the Act.

(f)          “Prescribed Authority” means the authority empowered by Government to carry out the duties under the Act.

(g)         “Receipt” means a warehouse receipt drawn in conformity with the rules in this behalf under this Act and issued by a warehouse man to a depositor showing that certain goods described therein have been deposited in his warehouse.

(h)         “Rules” mean Rules framed by the Provincial Government.

(i)           “Warehouse” means a building, structure or other protected enclosure which is used or may be used for the purpose of storing any agricultural produce or its byproducts in accordance with the provisions of the Act.

(j)           “Warehouse man” means a person who carries on the business of storing produce on behalf of depositors and issues receipts for the goods so stored in his warehouse in accordance with the provisions of the Act.

CHAPTER-II.

LICENSING  OF  WAREHOUSES.

(a)          that the ware house is suitable for proper storage of the particular produce for which a licence has been applied;

(b)         that the applicant is competent to conduct such a warehouse; and

(c)          that there is no other cause or reason for which the applicant for the license may in the opinion of the prescribed authority be deemed to be disqualified.

            (ii) The Government may by notification in the Official Gazette Prescribe or from time to time alter the conditions under which a license is granted to a warehouseman.

(a)          has been adjudicated an insolvent or bankrupt,

(b)         has parted in whole or in part with his control over the licensed warehouse,

(c)          has ceased to conduct  such licensed warehouse,

(d)         has made exorbitant or unreasonable charges for the services rendered by him,

(e)          has in any other manner become incompetent to conduct the business of warehousing, or

(f)          has violated any of the terms of the license or of the provisions of the Act or the rules thereunder.

            (ii) The Government may by notification in the official gazette prescribed any other conditions under which a license may be suspended or revoked.

            (iii) Any person aggrieved from the order passed under clause 7 (i) shall be entitled to prefer an appeal to the provincial Government or to such authority as the Provincial Government may appoint in this behalf [8][, and the Provincial Government or the authority so appointed, after giving the appellant an opportunity of being heard, pass such order as it may deem appropriate].

            (ii) After considering the explanation, if offered, by the warehouse man, the prescribed authority may pass such orders as it deems fit.

            (iii) The prescribed authority may suspend the license of a warehouse man pending the decision of the enquiry mentioned in the previous two sub-sections.

CHAPTER – III.

DUTIES OF WAREHOUSE-MAN.

            (ii) No warehouse man 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.

            Provided that where standardized and graded goods are stored in warehouse, subject to any agreement between the ware­houseman and a depositor, there may be pooling of the same variety of produce belonging to several depositors and each de­positor will be entitled only to his portion of the produce accord­ing to weight or quantity as the case may be as shown in his receipt.

            Provided that the loss of weight by dryage and shrinkage or its gain by a absorption of moisture shall be accounted for when agricultural produce is delivered wholly or in part under the provisions of this clause or when disposed of as provided in clause 15.

            Provided that the Provincial Government shall have power to issue instructions from time to time for preference to be given to   the   Co-operative    Societies  in  the    [9][Khyber Pakhtunkhwa] to store their goods in the warehouses at concessional rates to be fixed by the Government.

CHAPTER—IV.

INSPECTION AND CLASSIFICATION OF PRODUCTS.

            (ii) The produce stored in the warehouse may be graded and the  warehouse man shall provide facilities for   weighing  and grading.

            [10][Provided that no licenses shall be suspended or revoked without giving the person concerned an opportunity of being heard].

CHAPTER-V.

MISCELLANEOUS.

            (ii) In particular and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the following matters, namely:—

(a)          the authority empowered to carry out the duties under the Act;

(b)         the form of application for the grant of license to a warehouse man, period and conditions of license, its renewal, conditions for the issue of a duplicate license:

(c)          the form of receipt to be issued by a warehouse man and the particulars to be specified therein and the conditions for the issue of a duplicate receipt;

(d)         the nature of accounts, books and records, to  be maintained by a  warehouse man;

(e)          the manner of giving notice under the Act;

(f)     the manner of conducting a public auction for the sale of goods deteriorating in warehouse and account­ing for the proceeds of such sales;

(g)         the qualifications for grant of licenses to weighers, samplers, and graders, the conditions and period of their licenses, form of certificates to be issued by them, renewal of their licenses, the conditions under which the licenses may be suspended or revoked and the conditions for issue of duplicate licenses;

(h)         the amount of fees payable for the grant of licenses under the Act and their renewal and for the issue of duplicate licenses;

(i)           the standard weight, measures and gradations of products to be used in warehouse under the Act;

(j)           the publication of the grant, suspension or revocation of licenses and the list of licensed warehouse;

(k)         generally for the efficient conduct of the business of a warehouse man;

(l)      the keeping of the warehouse in clean and sanitary conditions;

(m)    the taking out of policies of insurance by a warehouse ­man in respect of products in his warehouse against loss or damage by fire, floods, theft, riot or civil commotions;

(n)     the conditions under which a duplicate receipt may be issued by a warehouse man; and

(o)     to regulate the charges to be received by the ware­house man for his services in keeping the ware­house in proper condition, receiving the produce, storing it and doing all the incidental work involved.