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30/10/2024
The Warehouses Ordinance, 1959 (East Pakistan Ordinance)

The Warehouses Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LXVI OF 1959 )

এই অধ্যাদেশ কৃষি বিপণন আইন, ২০১৮ (২০১৮ সনের ৪৪ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter I

PRELIMINARY

Short title, extent and commencement
1. (1) This Ordinance may be called the 1[* * *] Warehouses Ordinance, 1959.
 
 
 
 
(2) It extends to the whole of Bangladesh.
 
 
 
 
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
Definitions
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
 
 
(a) “Agricultural produce” means paddy, rice, jute, gram, rape-seed, wheat or any other crop which may be declared by the Government by notification in the official Gazette, to be agricultural produce for the purposes of this Ordinance;
 
 
(b) “depositor” means a person who tenders his agricultural produce to the warehouse-man for storing in his warehouse and includes any person who lawfully holds a receipt issued by the warehouse-man in respect of such produce and derives title to it by proper endorsement or transfer from the depositor of his lawful transferee;
 
 
 
 
(c) “Director” means the Additional Director of Agriculture (Marketing), Government of Bangladesh;
 
 
 
 
(d) “prescribed” means prescribed by rules made under this Ordinance;
 
 
 
 
(e) “receipt” means a warehouse receipt drawn in conformity with the rules made under this Ordinance and issued by a warehouse-man to a depositor showing that certain agricultural produce described therein have been deposited in his warehouse.
 
 
 
 
(f) “warehouse” means any building, structure or other protected enclosure which is used or may be used for the purpose of storing of any agricultural produce;
 
 
 
 
(g) “warehouse-man” means a person who has taken out a licence under section 5 of this Ordinance;
 
 
 
 
(h) “small warehouse” means a warehouse of the capacity of five thousand maunds or less; and
 
 
 
 
(i) “large warehouse” means a warehouse of the capacity of more than five thousand maunds.
Licence for Warehouses
3. Any person desirous of running a warehouse under this Ordinance shall take out a licence for the conduct of his warehouse business by making an application in writing to the Director.
Conditions for licence
4. Before granting a licence, the Director shall satisfy himself-
 
 
 
 
(a) that the warehouse is suitable for proper storage of the particular agricultural produce for which an application for such licence has been made in writing;
 
 
(b) that the applicant has furnished such security as may be prescribed and is competent to conduct such a warehouse; and
 
 
 
 
(c) that there is no other cause or reason for which the applicant for the licence may, in the opinion of the Director, be deemed to be disqualified.
Grant of licence
5. The Director, on being satisfied after making enquiries under section 4, may grant a licence to the applicant on payment of a fee of taka fifty for a small warehouse and taka one hundred for a large warehouse for the conduct of his business and on such terms and conditions as may be prescribed.
Term and renewal of licence
6. Every licence granted under section 5 shall be valid for the financial year and may, on the expiry of such period, be renewed, by the Director on an application in writing made by the warehouse-man on payment of an annual fee of taka twenty-five for a small warehouse and taka fifty for a large warehouse.
Suspension and cancellation of licence
7. (1) Every licence issued under section 5 or renewed under section 6 shall be liable to be suspended, cancelled or revoked either temporarily or permanently by the Director for valid reasons to be stated in writing, and in particular if the warehouse-man-
 
 
 
 
(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 licence or of the provisions of this Ordinance or the rules.
 
 
 
 
(2) The Government may, by notification in the official Gazette, prescribe any other conditions under which a licence may be suspended, cancelled or revoked.
 
 
 
 
(3) Any person aggrieved by an order passed under sub-section (1) shall be entitled to prefer an appeal to the Government or to such authority as it may appoint in this behalf.
Notice of suspension and cancellation of licence
8. (1) Before suspending, cancelling or revoking a licence the Director shall give notice to the warehouse-man specifying the charges against him and asking him to show cause within a prescribed period why such action should not be taken against him.
 
 
 
 
(2) After considering the explanation, if offered by the warehouse-man, the Director may pass such order as he deems fit.
Return of licence
9. When a licence expires or is suspended, cancelled or revoked the warehouse-man shall cease to work as such and shall return the licence to the Director.
Duplicate licences
10. Where a licence granted to a warehouse-man is lost or destroyed, the Director may issue a duplicate licence on an application made in writing in prescribed manner.
 
 

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Ministry of Law, Justice and Parliamentary Affairs