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Core Purpose

Notification promulgating the Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2023, amending the net-worth requirements and depositor documentation provisions of the principal 2017 Rules.

Detailed Summary

The Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution, by notification G.S.R. 676(E) dated 18th September 2023, exercises powers under clauses (a), (b) and (c) of sub-section (2) of section 50 of the Warehousing (Development and Regulation) Act, 2007 (37 of 2007) to further amend the Warehousing (Development and Regulation) Registration of Warehouses Rules, 2017, styled the Warehousing (Development and Regulation) Registration of Warehouses (Amendment) Rules, 2023, effective from the date of publication. The Seventh Schedule (under rule 18(1) and (2)) is substituted with revised minimum net worth requirements for registration with the Authority based on storage capacity: up to 500 tons requires Rs. 0.04 crore, 501-1,000 tons Rs. 0.08 crore, 1,001-1,500 tons Rs. 0.12 crore, 1,501-2,000 tons Rs. 0.16 crore, and for capacity of 2,001 metric tons and above, net worth equal to capacity (in MT) multiplied by Rs. 1,000, subject to a maximum cap of Rs. 50 crore; Farmer Producer Organisations, Primary Agricultural Cooperative Credit Societies and Self Help Groups are exempted from the net worth requirement but must not have deficit net worth. The Eighth Schedule, paragraph (A), is amended to substitute the word 'depositor' for 'applicant' in sub-paragraphs (3), (4) and (5), and a new sub-paragraph (6) is inserted requiring, for a depositor that is a Hindu Undivided Family (HUF), the PAN of the HUF and Karta, a deed of declaration of the HUF with a list of coparceners, and proof of address of the Karta. The notification, signed by Anita Karn, Joint Secretary, under File No. TFC-04-2016, notes that the principal rules (G.S.R. 165(E) dated 23rd February 2017) were previously amended by G.S.R. 1040(E) dated 22nd August 2017, G.S.R. 251(E) dated 20th March 2018, G.S.R. 782(E) dated 21st December 2020, G.S.R. 786(E) dated 3rd November 2021, G.S.R. 287(E) dated 5th April 2022 and G.S.R. 788(E) dated 14th October 2022.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 534] NEW DEL HI, MONDAY , SEPTEMBER 18 , 2023/ BHADRA 27, 1945 CG-DL-E-18092023-248816 500 तक 0.04 501-1,000 0.08 1,001 -1,500 0.12 1,501 -2,000 0.16 [फा. सं. TFC-04-2016] MINIST RY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (Department of Food and Public Distribution) NOTIFICATION New Delhi, the 18 th September , 2023 G.S.R. 676(E). —ln exercise of the powers conferred by clauses (a), (b) and (c) of sub -section (2) of section 50 of the Warehousing (Development and Regulation) 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: - l. Short title and commencement - (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, for the Seventh Schedule, the following schedule shall be substituted, namely: - “The Seventh Schedule [See rule 18 (1) and (2)] “Minimum net worth requirements for r egistration with the Authority:” Storage capacity(inTons) Net worth (Rupees in c rores) Upto 500 0.04 501–1,000 0.08 1,001–1,500 0.12 1,501–2,000 0.16 2001 MT and Above Capacity Capacity in (MT) *Rs. 1000 = Required Net worth* with a maximum cap of Rs. 50 Crores Note: - Where the applicant or warehouseman is a Farmer Producer Organisation or a Primary Agricultural Cooperative Credit Society or a Self Help Group, the net worth requirement specified in the Table shall not apply, but it shall not have defi cit networth. * Illustration: A warehouse with a capacity of 10000 MT required to have minimum n et worth of Rs. 1,00,00,000/ - (10000 MT*Rs. 1000= Rs. 1,00,00,000) (b) in the Eighth Schedule, in paragraph (A). - (i) in sub -paragraphs (3), (4) and (5 ), for the word “applicant”, the word “depositor” shall be substituted; (ii) after sub -paragraph (5), the following sub -paragraph shall be inserted, namely: - “(6) If the depositor is an Hindu Undivided Family (HUF), (a) PAN of HUF and Karta. (b) Deed of declaration of HUF and List of coparceners. (c) Proof of address of Karta. [F. No. TFC -04-2016] ANITA KARN Jt. Secy. Note: The principal rules were published in the Gazette of lndia, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R - 165(E), dated the 23rd February, 2017 and subsequently amended vide G.S.R. 1040(E), dated the 22nd August, 2017, G.S.R. 251(E), dated the 20th March, 2018, G.S.R. 782(E) , dated the 21st December, 2020, G.S.R. 786(E), dated the 3rd November, 2021, G.S.R. 287(E), dated the 5th April, 2022 and G.S.R. 788(E), dated the 14th October, 2022”. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, Ne w Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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