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EXTRAORDINARY
PART II —Section 3 —Sub-section ( i)
PUBLISHED BY AUTHORITY
No. 404] NEW DE LHI, THURS DAY, JULY 13, 2023/ASHADHA 22, 194 5
CG-DL-E-14072023-247310
(1) (2)
500 तक 0.04
501 – 1,000 0.08
1,001 – 1,500 0.12
1,501 - 2,000 0.16
2,001 – 2,500 0.20
2,501 – 5,000 0.40
5,001 – 7,000 1.00
7,001 – 10,000 2.00
10,001 – 15,000 5.00
15,001 – 25,000 10.00
25,001 – 75,000 20
75,001 – 1,50,000 30
1,50,001 – 5,00,000 50
(1) (2)
25,000 तक 10.00
25,001 -75,000 20.00
75,001 -1,50,000 30.00
1,50,001 -5,00,000 50.00
(1)
(2)
(1) (2) (3)
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PU BLIC DISTRIBUTION
(Department of Food and Public Distribution)
NOTIFICATION
New Delhi, t he 12 th July, 2023
G.S.R. 503(E).—In exercise of the powers conferred by clauses (a), (b) and (c) of sub -section (2) of section
50 of the Warehousing (Development and R egulation) Act, 2007 (37 of 2007), the Central Government hereby makes
the following rules further to amend the Warehousing (Development and Regulation) Registration of Warehouses
Rules, 2017, namely : -
1. (1) These rules may be called the Warehousing (Development and Regulation) Registration of Warehouses
(Amendment) Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017 (hereinafter referred
to as the said rules), i n rule 18, after sub -rule (5), the following shall be inserted, namely : -
“(6) The Authority may allow any entity, created under the Act of Parliament or State Legislature which does not
meet the minimum net worth requirement as specified in the Seventh Schedule, to submit an indemnity bond
specified in the form appended in the Ninth Schedule, executed by the concerned State Government and a
resolution from its board of directors confirming the furnishing of such indemnity bond, along with its application
for registration.
(7) The indemnity bond shall be of the value equal to the sum of negative net worth and the minimum net worth
requirement for the wareho useman which shall be subject to review by the Authority.
(8) The validity of the indemnity bond shall be until six months after expiry, cancellation, rejection or surrender of
registration or until after satisfaction of every claim whichever is later.
(9) The Authority shall invoke the indemnity bond when such entity is unable to meet any penalty or fine imposed
or is unable to discharge any of its obligations under the Act.
(10) The indemnity bond shall be discharged in respect of the warehouse if, -
(a) an application for renewal of registration of the warehouse has been rejected and if the Authority is satisfied
that the warehouseman has discharged his obligations as per the requirements of these rules;
(b) warehouseman surrenders his certificate of re gistration, and the Authority accepts such surrender, and the
Authority is satisfied that the warehouseman, has discharged its obligations as per the requirements of these
rules; or
(c) the certificate of registration of a warehouse is cancelled, and the A uthority is satisfied that the
warehouseman has discharged his obligations as per the requirements of these rules.”
3. In the said rules, after the Eight Schedule, the following Schedule shall be inserted; namely: -
“The Ninth Schedule
[see rule 18(6)]
INDEMN ITY BOND
This indemnity is executed by deed on the day of_____ 20_ by the Government of ………….in favour of the
Warehousing Development and Regulatory Authority (WDRA) hereinafter called “AUTHORITY”
WHEREAS:
(a) The Warehousing Development and Regulat ory Authority (hereinafter referred as Authority) is established under
the Warehousing (Development and Regulation) Act, 2007 (37 of 2007) (the said Act) with the objective to regulate
and ensure implementation of the provisions of the said Act for develop ment of warehouses, regulations of
negotiability of Warehouse Receipts and promote orderly growth of warehousing business. Every person desirous of
commencing or carrying business of maintaining a warehouse issuing negotiable warehouse receipts is required to be
registered and for that purpose an application has to be made to the Authority under the said Act.
(b) Every applicant warehouseman seeking registration of their warehouse shall meet the minimum net worth
requirements as prescribed under rule 18 Wa rehousing (Development and Regulation) Registration of warehouses
Rule, 2017 and provide evidence of compliance with net worth requirements periodically to the Authority.
(c) The Government of ………. has furnished this indemnity bond for and on behalf of M/s ……. (an entity created
under the Act of the Parliament or of the State Legislative) hereinafter called “entity” seeking registration of its
warehouses with WDRA.
(d) The net worth requirements of applicant for registration of warehouse storing only agricu ltural goods and to be
maintained during the entire period of registration and to be confirmed periodically to the Authority is as follows : -
Storage capacity (in Tons) Net worth (Rupees in crores)
(1) (2)
Upto 500 0.04
501 – 1,000 0.08
1,001 – 1,500 0.12
1,501 - 2,000 0.16
2,001 – 2,500 0.20
2,501 – 5,000 0.40
5,001 – 7,000 1.00
7,001 – 10,000 2.00
10,001 – 15,000 5.00
15,001 – 25,000 10.00
25,001 – 75,000 20
75,001 – 1,50,000 30
1,50,001 – 5,00,000 50
5,00,001 and above 100
(e) The minim um net worth requirements of applicant for registration of warehouse storing both agricultural and
nonagricultural goods and to be maintained during the entire period of registration and to be confirmed periodically to
the Authority is as follows : -
Storag e Capacity (in Tons) Net worth (Rupees in Crore)
(1) (2)
Upto 25,000 10.00
25,001 -75,000 20.00
75,001 -1,50,000 30.00
1,50,001 -5,00,000 50.00
5,00,001 and above 100.00
(f) The Authority may allow any entity created under an Act of the Parliament or State Legislature which does not
meet the minimum net worth requirement specified in the Seventh Schedule, to submit an indemnity bond executed by
the concerned Government.
(g) The entity allowed by the Authority to submit such an Indemnity bond shall sub mit, along with its application for
registration, a resolution from its board of directors confirming the furnishing of such indemnity bond.
NOW, therefore, the Government of ………….. undertakes at all times to save, defend, and indemnify and keep
indemnifie d the Authority from and against all actions, suits, proceedings, accounts, claims and demands whatsoever,
caused due to any conduct, act or omission by M/s ………………………….(name of the entity) established under
……………………………… the said Act, to the extent of limit s to be worked out as per sub -rule (7) of rule 18 of the
Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017 (hereinafter referred as to the
registration rules ) and as per the conditions of this indemnity bond noted below : -
1) That M/s ………………………………..(name of the entity) shall comply with all the obligations to be performed
on their part under the Warehousing (Development and Regulation) Act, 2007, rules and regulations made thereunder
2) The Government of ……… undertake to kee p the Authority indemnified for an amount worked out as per sub -rule
(7) of rule 18 of the said registration rules until six months after expiry, cancellation, rejection or surrender of
registration or until after satisfaction of every claim whichever is l ater.
3) That M/s…….. (Name of entity) shall at all times comply with the order or instruction of the Authority with regard
to any claim or obligation towards any depositor or any other stakeholder and any such amount in this reference shall
be remitted to WDRA.
4) The Government of ……… shall be discharged of its obligation under indemnity bond in respect of a warehouse of
M/s ………..(name of entity), if:
(a) An application from M/s …… (Name of entity) for renewal of registration of the warehouse has been re jected and
if the Authority is satisfied that the warehouseman has discharged his obligations as per the requirements of the Rules;
(b) Warehouseman, M/s …….. (Name of entity) surrenders its certificate of registration, and the Authority accepts
such surre nder, and the Authority is satisfied that the warehouseman, M/s …… (Name of entity) has discharged its
obligations as per the requirements of the Rules.; or
(c) The certificate of registration of a warehouse is cancelled, and the Authority is satisfied tha t the warehouseman,
M/s …… (Name of entity) has discharged its obligations as per the requirements of the Rules.
(5) The Government of ……… hereby agrees that in case M/s …..(Name of the entity) is unable to meet any penalty
or fine imposed because of any a ct or omission on the part of M/s …..(Name of entity), or is unable to discharge any
of its obligation under the said Act, the Authority shall invoke the indemnity bond (to the extent of an amount to be
worked out as per sub -rule (7) of rule 18 of the said registration rules) .
(6) The Government of ……….... further agrees that the Central Government, shall without its consent and without
affecting in any manner its obligations hereunder, vary any of the rules pertaining to registration of the warehouses
with WDRA from time to time and forebear or enforce any of the terms and conditions of the registration and the
Government of …………. shall not be relieved from its liability by reason of any such variation.
(7) This indemnity bond shall have validity till ___ ____day of ________(month)_________202…….
In witness whereof signed this indemnity bond is executed on this _ day of _ 20__.
EXECUTOR
For the Government of:
NAME:
DESIGNATION:
(With Seal)
In the presence of witnesses: -
(1)
(2)
Annexure
Details of warehouses included in the indemnity bond : -
S No Name and Address of the Warehouse Storage capacity (in Tons)
(1) (2) (3)
[F. No. 11/2022 -Stg.II]
ANITA KARN, Jt, Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i)
vide number G.S.R. 165(E), dated 23rd February, 2017 and lastly amended vide number G.S.R. 788(E),
dated 14th Octob er, 2022.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064
and Published by the Controller of Publications, Delhi -110054.
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