Rule, 2010

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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NOTIFICATION

'''l New Deihi,.the gth November, 2010 G.s.R 890(E).- In exercise of the powers conferred by sub-scctiri* { "l t, n *,and (5) of section 5 read w-ith crauses (d), (e) ira to oi*u-r."tion (2) ur.oo-,,1,"i;-r;:ithe warehousing (Development and ri.gui"tior> i.,, zooT (37 of 2007t, rrrc {.s$*u,Government hereby makes the folowing nrres, name ly:- v' -\" v ' 'i ], 1' short title and commencement.-(l) fhese rures may be cairetr rhc lra*lar*ar!?*l(Development and Regulation) Registratio;;il";;;;iiln eg"n.ies rrurc.s. Jrirrr

(2) They shall come into force on the date of their publication in thc ollier*l tmd+{k6..

2. Definitions.' (r) In these rures, unless the context otherwise requires. -(a) "Act" means the warehousing loeuetofmen;; R;;;lation) Act. r(x,?.(b) "applicant" means a person making- an uppri"ui." ," the ..\rrrr*,nr: :.r11f .r,i.registration as an accreditation agency under rule 4:(c) "certificate" nreans certificate of registraiion-g.unt.a under rurc (r.

(d) "Form" means the form appended to these rules.

(2) The words and expressions used in these rules and not de['incrt hrrt rlrr=l*r! i*r *]4Act shall have the meanings respectively assigned to thern in the Acr. 3' Qualifications and. other requiremehts for functioning as ,n rrrrrdi(r*saagency'- Every person desirous of functionirg u, u,

(i) such person shall be _

(a) a body.corporate either public or private. and ineorpor,rtcd ti*lr.r tL*.rCompanies Act, 1956 or any otirer law in iora", ',!r'rl'1'r'lrtr(r I

(b) gove-rnment body or govemrnent affiliatecl boch..

(ii) such person should possess necessary infrastrut:trrrc i,clurlirll, .(l(:trlr;irr *f fi.*space' equipment, trained and experienced-staft, expertisc in thc fle:lEi .,t .r.,rrh,,,r..,r[,financial capability and credibility to the satisfaction lr,n. aurrro.r\.. ;rrrr

(iii) such person is not directly engaged in warehorrsing l,rrsirrr.:,, 4' Applicatiol for registration of an accreditation agen*.

possessing qualifications and other requiremen,r rp."lf,.J under rule being registered as an accreditation agency may rnake an appricaticr. duplicate. in Fornr - A.

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(2) Every application under sub-rule (l) shall be accompanied by -

(a) proof of identity as a legal entity including certificate of incorporation, Memorandum of Association and Articles of Association;

(b) list of names of owners, shareholders, proprietor and authorized signatory of applicant;

(c) list of key managernent personnel and technical experts engaged by the applicant and their qrulifications and experience in various fields relating to warehousing; td) staternent of frnancial credibility in the form of audited reports or budget staternent {ei declaration that the applicant shallnot accredit any warehouse in which it rnay have a <lirect conflict of interest;

(f; declaration that the applicant slrall cornply with the terms and conditions of certificate of registration; and

(g) a non-refundable registraiion fte of rupees twenty-five thousand tluough bank draft/banker's cheque of any nationalized bank in favour of Drawing and Disbursing Officer, Warehousing Developrnent and Regulatory Authorityi payable in Neu,Delhi, and

(h) a securiry deposit oi'rupees one lekh through bank draftAanker's cheque of any nationalizcd bank in i"avour of Drawing and Disbursing Officer, Warehousing Development and Regulatory Aurtrority payable inNew Delhi:

Provided tfuit the Governrnent contnolled institution or body may be exempted from payment of,sccurity deposit

5. Power tsrnake enquiry rnd crll for informrtion at the time of registrrtion .- (llBefore grurting registration to an accreditation agency under rule 6, the Authority rnay make such inquiry and require such further inforrnation, as it deerns necessary, other than thc infonnation fumished by the accreditation agency in the application.

(2) Authoritv may call for any information at any tirne and the applicant shall furnish' such infonnation to the Authority within the tirne stipulated by it .

6. Certificate of Registretion. - The Authority shall, after being satisfied that the applicant fulfills the qualifications and other requirements, grant the certificate of registration to the applicant within a period of one month frorn the date of receipt of application in Form-B and subject to such terms and conditions as it rnay deem fit.

7. Refusal of Registration. - The Authority rnay. for reasons to be recorded in writing, refuse to granl the certihcate of registration to any applicant and shall furnish hirn with a copy ofthe order so passed:

Provided that before rejecting such application, the Authority shall give a reasonable opportunity of hearing to the applicant.

8. Validlty end Renewel.- The, valid for a period ofthree years provided under rules 4,5,6 and 7.

certificate of registration granted under nrle 6 shail b";

and shall be renewabre for a like period in the **d

9. Duties of rccreditetion rgency.- Every accreditation agency shall-

(a) upon receipt of. certific* o-f registration, display such certificate, in a cohspictrousplace in theprincipal place of its busiiess;

(b) make an assessment report in relation to each warehouse that it assesscs and shall'qaintain a copy thereof for a minimum period of three j.*r;

(c) ifraintain accounts, books, records and documents relating to accredited warelrouscs;

(d) not transfer the certificate of registration granted to it;

(e) allow and assist the Authorig' or its authorized represenlative to inspect its office, books.records, papers, accounts, etc. at any time; and (0. maintain a Register of accredited warehouses in Form-C and shall publish the list on itswebsite, l0' Issue of duplicrte regirtretion certificrte. - (l) Where a certificate ofregistration is lost, damaged or mutilated, the Authority shali irru. . auplicaie certificateof registration on receipt of a request in Fonn- D.

(2) A ce(ificate of registration, which is torn or defaced shall be sunerdered by theaccreditation agency to the Authority on issue of duplicate certificate (J) The application for issue of a duplicate certificate of registration shall bcaccompanied by a fee of rupees five thousand through bank draft/ianker,s cfreqrrc oiany nationalized bank in favour of Drawing and ilisbursing offrcer, Warchoqsing Development and Regulatory Authority, payabre in New Delhi.

ll' Publicrtion of grant of rcgistrations and list of accrcditation egenci6.- Thcnames and addresses of accreditation agencies to whorn certir,"ute-#[girt rion isgranted under rule 6 shall be duly displayed on website of the euthority -ffn r*, totime,

12. SusFension or cancellation of certilicate of Registration.- (l)The Authority may suspend or cancel the. certificate of registration gr*tEa to a accreditation agency if-(a) it has furnished wrong informaiion in the-apprication;

(b) it has failed to comply with the terms and conditions of certificate o1'regisrrarion specified by the Authoriry;

(c) it has failed to perform duties specified under rule 9;

(2) Where the certificate of registration is suspended or cancelled under sub-rule(l), the security deposit paid under clause (h) of sub-rule (2) of rule 4 shall stand forfeited to theAuthority. *r on, t 68 TIIE GAZETTE oF INDIA :.EXTRAORDINARY [Panr ll.-Sec

FORM-A

(See rule 4 (l ) and g) To, Application for grant of registration/renewal of registration of an accreditatlon The Warehousi ng Develtrpment and Regul atory Authoritrr,.

Photo of' New Delhi.

Dear Sir, I/We registered office in India at ... State . .. with trranch *ilru€ ei.

l;lfff of the agency (Individual/firm/compan,y/govr.. organization/others. (please

2. No. of offices/ branches in tndia ......

3. Average Turnover during the last three financial years.

4. Net worth as on the last day of last financial year. .. .

5. Detailed information in separate sheet indicating

(i) organizationar srrucrure. detairs of experts with credentiars, andcarried out. ii) other detairs as rnay be req.ired by Authority fiom tinre to time

7. Security deposit submitted, the fi;,rm ,-',f banker,s draft/ banker,s nature of activities of bank drafl/banker,s ban]</branch address) for rupees twenty five cheque 6' A non-refundabie Registration i. submitried, in the formcheque ofNo.... .au,.J.. p;y;i;i;iii$:f[,.:i, thousand.

lakh payable address) i\o.

.(nationalized i. . .. .. ... ilated. . ... for lupees oneat New Delhi.

lation * Srike offwhichever not applicable * * Strike off if not applicable Declaration l ' I/we declare to be authorized representatives of organization to apply for registrationof accreditation agency 2' I/we do not have any direct conflict of interest with warehouses to De accredited. i;,"YY::::,-1:T',j:::,:ll-"n:^1:::L-required *1g"' Rure 4 0f the warehousins Report append.-d to this z\pplication in the 4- l/we agre€ to abide br. the terms and conditions of rhe Registration 5' I/we hereby solernnly declare that all inforrnation herein given is true to the best ofmy/our knowledge and that ]1 case it proves to be untrue, we undertake to indemnify person or persons concerned in this business against any loss arising out of such tb_lse oruntrue information. Signature Narne in full Address Documents to be enclosed along with the Application:

1' Froof of identity as a legal entity including certificate of incorporation, MemorandumoiAssociation and Articles of Association ; 2' List of names of owners. shareholders, proprietor and authorized signatory ofapplicant; 3' Listof key management personnel and technicalexperts engaged bythe applicant andtheir qualifications attd cxpcrience in various fields .eiati.rg to warehousrng ; 4' Statement of financial credibility in the form of audired reports or budget statementwith supporting documents; 5' Declaration that the applicant shall not accredit any warehouse in which it may have adirect conflict of interest; 6' Declaration that the applicant shall comply with the terrns and conditions ofcertificate of registration; and 7 ' A non-refundable Registration fee. of. rupees twenty-tive thousand through bankdraft/banker's cheque of any nationalized bank in favour of Drawing Officer. V/arehousing Developrnent and Regularory Authoritl'. payabie in New Delhi: and 8- A security deposit of rupees one lakh through bank draftr'banker,s cheque of any nationalized bank in favour of Drawing and Disbursing Officer, Wirehousing Development and Regularory Authority payable in New Delhi:

THE GAZETTE OF INDTA : EXTMORDINARY

FORM B

(See rule 6)

CERTIFICATE OF REGISTRATION

for carrTing on the business as an Accreditation Agency Registration N0.... ...... of 201......

Certificate of Registration is hereby granted to .. . ,. District . .. .. .. . State . . -. subjpct to the provisions of the Warehousing (Development and Regulation) Act, 2OO7 (i7 of 2007) and on the follorving conditions, nanrely: - 1 , This regi.stration shall be valid from . to. . .. . .. . 201.. . for the State of.,..

2. The Accreditation Agency shall not carry out the business of an accreditation at any State other than the said place specified above.

3. This certificate of registration shall not be sold or transferred. 4, The registration shall be liable to be cancelled or suspended in accordance wit[ the provisions of rule 12 read with section 35(2)(b) of the Warehousing (Devetopment and

5. In the event of revocation or suspension of this certificate of registration, ths Accreditation Agency shall surrender to the Authority along with all thelnused pup.. forms in his possession.

6. Upon receipt of certificate of registration, the Accreditation Agency shall display such certificate, in a conspicuous place in the principal place of its business.

7. The Accreditation Agency shall rnake an assessment report in relation to each warehouse that it assesses and shall maintain a copy thereof ior a rninirnurn period of three years.

8. The Accreditation Agency shall maintain accounts, books, records and documents relating to accredited warehouseg.

g. The Accreditation Agency shall allou'and assist the Authority or its aurhorized representative to inspect its offrce, books, records, papers, accounts, etc. at any time;

10. The Accreditation Agency shall not transfer the certificate of registration granted to it;

FORM B

(See rule 6)

CERTIFICATE OF REGISTRATION

for carrying on the business as an Accreditation Agency Registration No.... of 201......

Certificate of Registration IS ..... District . ... State Warehousing (Development and Regulation) 4ct,2007 (37 of 2OO7) . . . subject to the and on the following conditioni, namely: -

1. This registration shall be valid from.. to. .. . . .. . 201.. . for the State five thousand hereby granted to Registration fee of rupees twenty accreditation agency situated at 2' The Accreditation Agerrcv shall not carry out the business of an accreditation at anyState other than the said place specified above.

3. This certificate of registration shail not be sold or transferred. 4' The registration shall be liable to be -cancelled or suspended in accordance with theprovisions of rule 12 read with section 35(2)(b) of the #arehousing (Development andRegulation) Act. 2007 (37 of 2007). 5' In the event of revocation or suspension of this certificate of registration, theAccreditation Agency shall surrender to the Authority along with all the-unused paperforms in his possession. 6' upon receipt of certificate of registration, the Accreditarion Agency shall displaysuch certificate, in a conspicuous place-in the principal place of its business. 7 ' The Accreditation Agency shall rnake an assessment report in relation to eachwarehouse that it assesses and shall maintain u .opy ir,.r"of for a minimum period ofthree years. -'u ^vr e.r,rrrrrsrrr 8' The Accreditation Agency shall maintain accounts, books, records anrj documentsrelating to accredited warehouses. g' The Accreditation Agency shall allow and assist the Authority or its authorized representadve to inspect its office, books, records, papers, accounts, etc. at any tirne : l0' The Accreditation Agency shall not transfer the certificate of registration granled to it; I I 1. The Accreditation Agency shall rnaintain a Register of accredited warehouses in Form- i C and shall publish rhe lists on itswebsite.

Signature, sealof the Authority Date Place

RENEWAL OF THE REGISTRATION

Date of renewal Period for which renewed Signature, seal of the prescribed authority and date

FORM-C

(See Rule 9) Rf,GISTER OF ACCREDITED WAREHOUSES ... .... .(name of the accreditation agency) List of applicants/warehouses accredited with. . . .. ..(name of theaccreditation agency). S.No. Name of the warehortse Date of submission of application lor issue of certificate of accreditation Date of assessrnent/ inspection of the Warehouse Whether accredited? If so, date on which accredited.

Date on which accreditation certificate to the applicant/ Warehouse by t.

I I

FORM D

Application for issue of duplicate registration certificate To The Warehousing Development and Regulatory Authority New Delhi.

Dear Sir, . State ... .. ., request that my/our cngrnal regrstratron No. .. ... granted on .. . .... for the period from ' "'to... .. has been stolerr/ lost/destroyed/mutilated in theibilowing circumstances : (a) (b) (Enclose a copy of FIR and indemnity bond in case of stolen/lost/destroyed cefiificate and original certificate if it is mutilated.) 2 I/We therefore, request you to grant me/us a duplicate certificatc of registration on the same terms and conditions on rvhich the aforesaid registration was granted: 3' I/We have enclosed fee of rupees five thousand by bank draft/banker's cheque of .... . . .(nationalized bank/branch)

No.' " " "....dated . ..(date & details) for issuancc of duplicate certifi cate of re gistration.

of rny/our knowledge.

Date Witness 'Witness Signature of Appl icant(s) NAVEEN PRAKAS[-{, Jt. Secy.

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Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Warehousing (Development and Regulation) Act, 2007