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Act37
Enacted 2007

The Warehousing (Development and Regulation) Act, 2007

In force 55 sections Consumer Affairs, Food and Public Distribution

An Act to make provisions for the development and regulation of warehouses, negotiability of warehouse receipts, establishment of a Warehousing Development and Regulatory Authority and for matters connected therewith or incidental thereto.

Act 37 of 2007 Enacted 19 Sep 2007 In force 25 Oct 2010 Department Department of Food and Public Distribution

Administered by. Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution · Other Acts of 2007

Preamble

THE WAREHOUSING (DEVELOPMENT AND REGULATION) ACT, 2007

ACT NO. 37 OF 2007

[19th September, 2007.] An Act to make provisions for the development and regulation of warehouses, negotiability of warehouse receipts, establishment of a Warehousing Development and Regulatory Authority and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--

What this Act covers

Summary of the Warehousing (Development and Regulation) Act, 2007

Key Provisions

1. Registration and Accreditation

• Mandatory Registration: For warehouses issuing negotiable warehouse receipts with the WDRA or accredited agencies (Sections 3, 4, 5).

• Clarification: Warehouses registered under this Act can issue both negotiable and non-negotiable receipts.

2. Warehousing Development and Regulatory Authority (WDRA)

• Role: Oversees warehouse registration, accreditation, and sets standards.

• Powers: Includes delegation of powers (Section 48), exemption from certain taxes (Section 49), and rule-making authority (Section 50).

3. Warehouse Receipts

• Types: Negotiable and non-negotiable, with the latter now explicitly permissible for registered warehouses.

• Legal Standing: Conclusiveness and presumption of validity (Sections 21, 22).

4. Operational and Financial Aspects

• Warehousemen’s Duties/Liabilities: Detailed in Sections 6, 7, 8.

• Financial Provisions for Corporations: Borrowing powers, deposit accounts, investment of funds, and disposal of profits (Sections 27 to 30).

5. Protection and Oversight

• Public Servant Status: For WDRA members and employees (Section 46).

• Good Faith Action Protection (Section 47).

• Auditing and Reporting: For Warehousing Corporations (Section 31).

• Overriding Effect: Over other conflicting laws (Section 53).

Sections

Type to filter. 55 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Requirement of registration for warehouses issuing negotiable warehouse receipts
  4. 4Registration of warehousemen
  5. 5Registration of accreditation agencies
  6. 6Liabilities of warehousemen
  7. 7Duties of warehousemen
  8. 8Duties of warehouseman to keep records and accounts of warehouse business
  9. 9Special powers of warehouseman to deal with perishable and hazardous goods
  10. 10Lien of warehouseman on goods
  11. 11Warehouse receipts
  12. 12Negotiability of warehouse receipts
  13. 13Negotiation of warehouse receipt by delivery
  14. 14Transfer of negotiable warehouse receipts without endorsement
  15. 15Warranties on negotiation of warehouse receipts
  16. 16Non-liability of the endorser
  17. 17Negotiation of warehouse receipt not impaired by fraud, mistake or duress
  18. 18Subsequent negotiation of warehouse receipts
  19. 19Delivery of goods to be made after due charges are paid
  20. 20Transfer of non-negotiable receipts
  21. 21Conclusiveness of negotiable warehouse receipt
  22. 22Presumption in certain cases
  23. 23Issue of duplicate receipt
  24. 24Establishment and incorporation of Authority
  25. 25Composition of Authority
  26. 26Tenure of office of Chairperson and other members
  27. 27Removal from office
  28. 28Salary, allowances and other terms and conditions of Chairperson and other members
  29. 29Bar on future employment of members
  30. 30Chairperson to be the chief executive of Authority
  31. 31Meetings of Authority
  32. 32Vacancies, etc., not to invalidate proceedings of Authority
  33. 33Officers and employees of Authority
  34. 34Warehousing Advisory Committee
  35. 35Powers and functions of Authority
  36. 36Grants by Central Government
  37. 37Constitution of fund
  38. 38Accounts and audit
  39. 39Furnishing of returns, Annual Report, etc., to Central Government
  40. 40Powers of Central Government to issue directions
  41. 41Power of Central Government to supersede Authority
  42. 42Appeals to Appellate Authority
  43. 43Offences and penalties
  44. 44Offences by companies
  45. 45Cognizance of offences by courts
  46. 46Chairperson, members, officers and other employees of Authority to be public servants
  47. 47Protection of action taken in good faith
  48. 48Delegation of powers
  49. 49Exemption from tax on wealth and income
  50. 50Power of Central Government to make rules
  51. 51Power of Authority to make regulations
  52. 52Rules and regulations to be laid before Parliament
  53. 53Act to have overriding effect
  54. 54Power to remove difficulties
  55. 55Amendment of Act 2 of 1899

Rules made under this Act

30 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • 27, Mandatory issuance of e-negotiable warehouse receipt (GSR 311 (E) dt. 4th June, 2024)2024
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2023 - dt.12.7.20232023
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2023 - dt.18.9.20232023
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2023 - dt.20.10.20232023
  • Warehousing Development and Regulatory Authority and its repositories allowed to perform Aadhaar authentication on voluntary basis ( SO 698 (E) dated 14.02.2023)2023
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2022 - dt. 5.4.20222022
  • Warehousing (Development and Regulation) Registration of Warehouses (Second Amendment) Rules, 2022 - 14.10.20222022
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2021 - dt. 3.11.20212021
  • Warehousing Development and Regulatory Authority (Conditions of service of the Officers and other Employees) (Amendment) Regulations, 2021 - dt 5.11.20212021
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2020. - dt 21.12.20202020
  • Warehousing (Development and Regulatory) Authority, appointment of Chairperson and other members Amendment Rules, 2020 - dt 21.10.20202020
  • Warehousing Development and Regulatory Authority (Conditions of service of the Officers and other Employees) (Amendment) Regulations, 20192019
  • WDRA (Conditions of service of the Officers and other Employees) (Amendment) Regulations, 2018.2018
  • Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 20182018
  • WDRA Registration of Warehouses (Amendment) Rules, 20172017
  • WDRA Registration of Warehouses Rules, 20172017
  • WDRA(Electronic Negotiable Warehouse Receipts) Regulations, 20172017
  • WDRA Conditions of Service of the Officers and employees regulations, 20162016
  • WDRA Appointment of Chairperson and Members (Amendments) Rules, 20132013
  • WDRA Appointment of Chairperson and Members Rules, 20132013
  • Salaries, allowances and other terms and conditions of services of chairperson and members of the WDRA (Amendment) rules, 20122012
  • WDRA (Maintenance of Records and Accounts of Warehousing Business) Regulations, 20122012
  • WDRA Meetings Regulations, 20122012
  • WDRA (Registration of Accreditation Agency) Regulations, 20112011
  • WDRA (Warehouse Accreditation) Regulations, 20112011
  • Salaries, allowances and other terms and conditions of service of chairperson and members of the WDRA Rules, 20102010
  • WDRA Annual Reports Returns Rules, 2010.2010
  • WDRA Annual statement of accounts and records Rules 20102010
  • WDRA Applellate Authority Procedure Rules, 20102010
  • Warehousing (Development and Regulation) Registration of accreditation Agency Rules. 20102010

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 55 sections of this Act has its own page. This page is not a substitute for legal advice.