PUNJAB REGISTRATION OF GODOWNS
An Act to provide for the registration of Godowns in the Punjab.
[Gazette of Punjab, Extraordinary, 10th November, 2014]
ACT XXI OF 2014
No. PAP/Legis-2(41)/2014/1144.–The Punjab Registration of Godowns Bill, 2014, having been passed by the Provincial Assembly of the Punjab on 24 October 2014, and assented to by the Governor of the Punjab on 08 November 2014, is hereby published as an Act of the Provincial Assembly of the Punjab.
Whereas it is expedient to register godowns; to provide for a comprehensive system regarding stable supply and availability of essential articles; and to deal with ancillary matters;
It is enacted as follows:
- Short title, extent and commencement.–(1) This Act may be cited as the Punjab Registration of Godowns Act, 2014.
(2) It shall extend to whole of the Punjab.
(3) It shall come into force with effect from 7 September 2014.
- Definitions.–In this Act:
(a) “essential article” means an article declared as essential article under Section 3 of the Act;
(b) “godown” means the premises, warehouse, cold storage or depot use for storing of an essential article;
(c) “Government” means Government of the Punjab;
(d) “owner” means an owner or lessee of a godown and includes the person in actual occupation or management of a godown;
(e) “prescribed” means prescribed by the rules made under the Act;
(f) “Registering Authority” means the Director (Agriculture Economics and Marketing) of the Government, Agriculture Department or any other officer appointed as the Registering Authority by the Government; and
(g) “designated officer” means an officer appointed by the Registering Authority to inspect godowns, records, registers and accounts of the godowns under the Act.
- Essential articles.—The Government may, by notification, declare an article as essential article.
- Stocking of essential articles.–An owner shall not store or stock an essential article in the godown unless the godown is registered under this Act.
- Registration of godown.–(1) The owner shall, within thirty days from the date of commencement of this Act, in case of an existing godown and within sixty days from the date of commencement of operation of a new godown established after the commencement of the Act, make an application to the Registering Authority in the prescribed form for registration of the godown.
(2) The Registering Authority, on receipt of the application, shall make such inquiry and require the owner to furnish such information as it deem necessary.
(3) If the Registering Authority, as a result of the inquiry, is satisfied that the information contained in the application or furnished by the owner in respect of the godown is correct, it shall register the godown.
(4) The owner, whose godown is registered, shall comply with the provisions of this Act, the rules and the directions issued by the Registering Authority in respect of the godown or any essential article stored in the godown.
- Maintenance and inspection of records.–The owner shall maintain and produce for inspection of such books, accounts and record relating to the essential articles stored in or removed from the godown and to furnish such information relating thereto as and when required by the Registering Authority or the designated officer.
- Powers of Registering Authority.–The Registering Authority or the designated officer may enter and search a godown and seize any essential article in respect of which the Registering Authority or the designated officer has reasons to believe that:
(a) a provision of this Act or the rules has been violated; or
(b) the information furnished by the owner is not correct; or
(c) any direction issued by the Registering Authority is or is about to be contravened.
- Appeal.–(1) Any person aggrieved by an order of the Registering Authority may, within thirty days from the date of communication of such order, prefer an appeal to the Government and the Government may set aside, modify or confirm the impugned order.
(2) In case, no appeal is filed within thirty days, the order of the Registering Authority shall be final and, in case, an appeal is preferred, the order of the Government on such appeal shall be final.
- Bar of jurisdiction.–(1) No suit, prosecution or any other legal proceeding shall lie against any person for anything, in good faith, done or intended to be done under this Act or the rules.
(2) No Court shall call in question, or permit to be called in question, anything done or any action taken under this Act or the rules.
(3) No Court shall grant any injunction or make any order, nor shall any Court entertain any proceedings, in relation to anything done or intended to be done or any action taken or intended to be taken under this Act or the rules.
- Penalty.–(1) If a person contravenes any provision of this Act, creates any obstacle or prevents the Registering Authority or the designated officer from performing their functions under the Act, such person shall be punished with an imprisonment which may extend to three years or with fine which may extend to three hundred thousand rupees or with both.
(2) A Court shall not take cognizance of an offence under this section unless an officer authorized by the Government submits a complaint in writing.
- Rules.–The Government may, by notification in the official Gazette, make rules for carrying out purposes of this Act.
- Repeal.–The Punjab Registration of Godowns Ordinance 2014 (VIII of 2014) is hereby repealed.