Section 35 in The Warehousing (Development and Regulation) Act, 2007

Title: Powers and functions of Authority

Description: (1) Subject to the provisions of this Act and any other law for the time being in force, the Authority shall have the duty to regulate and ensure implementation of the provisions of this Act and promote orderly growth of the warehousing business. (2) Without prejudice to the generality of the foregoing provisions, the powers and functions of the Authority shall include the following, namely:-- (a) to issue to the applicants fulfilling the requirements for warehousemen a certificate of registration in respect of warehouses, or renew, modify, withdraw, suspend or cancel such registration; (b) to regulate the registration and functioning of accreditation agency, renew, modify, withdraw, suspend or cancel such registration, and specify the code of conduct for officials of accreditation agencies for accreditation of the warehouses; (c) to specify the qualifications, code of conduct and practical training for warehousemen and staff engaged in warehousing business; (d) to regulate the process of pledge, creation of charges and enforcement thereof in respect of goods deposited with the warehouse; (e) to promote efficiency in conduct of warehouse business; (f) to make regulations laying down the standards for approval of certifying agencies for grading of goods; (g) to promote professional organisations connected with the warehousing business; (h) to determine the rate of, and levy, the fees and other charges for carrying out the provisions of this Act; (i) to call for information from, undertaking inspection of, conducting enquiries and investigation including audit of the warehouses, accreditation agencies and other organisations connected with the warehousing business; (j) to regulate the rates, advantages, terms and conditions that may be offered by warehousemen in respect of warehousing business; (k) to specify, by regulations, the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by warehousemen; (l) to maintain a panel of arbitrators and to nominate arbitrators from such panel in disputes between warehouses and warehouse receipt holders; (m) to regulate and develop electronic system of holding and transfer of credit balances of fungible goods deposited in the warehouses; (n) to determine the minimum percentage of space to be kept reserved for storage of agricultural commodities in a registered warehouse; (o) to specify the duties and responsibilities of the warehouseman (p) to exercise such other powers and perform such other functions as may be prescribed.

Title: Grants by Central Government

Description: The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants of such sums of money as the Government may think fit for being utilised for the purposes of this Act.

Title: Constitution of fund

Description: (1) There shall be constituted a fund to be called the Warehousing Development and Regulatory Authority Fund and there shall be credited thereto— (a) all Central Government grants, fees and charges received by the Authority; (b) all sums received by the Authority from such other source as may be decided upon by the Central Government; (c) all sums realised by way of penalties under this Act. (2) The fund shall be applied for meeting— (a) the salaries, allowances and other remuneration of the members, officers and other employees of the Authority; (b) the other expenses of the Authority in connection with the discharge of its functions and for the purposes of this Act.

Title: Accounts and audit

Description: (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.

Title: Furnishing of returns, Annual Report, etc., to Central Government

Description: (1) The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed, or as the Central Government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the warehousing industry as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Authority shall, within nine months after the close of each financial year, submit to the Central Government an Annual Report giving a true and full account of its activities including the activities for promotion and development of the warehousing business during the previous financial year. (3) Copies of the reports received under sub-section (2) shall be laid, as soon as may be after they are received, before each House of Parliament.

CHAPTER 6 POWERS AND FUNCTIONS OF AUTHORITY