Bombay Port Trust Docks

BOMBAY PORT TRUST

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WARE HOUSE BYE LAWS

(Revised UPTO 31.12.1976)

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Bombay

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1976

BOMBAY PORT TRUST DOCKS.

Warehouse By-Laws.

Made by the Trustees of the Port of Mumbai under Section 123 of Major Port Trusts Act, 1963, with regard to Warehousing of Goods in Port Trust Warehouses, Granting Warrants for Goods, and other Cognate Matters.

1.Non-hazardous goods only will be received in the Trustees' Warehouses.

Any person desiring to warehouse any non-hazardous goods, whether dutiable or free, will be required to submit an application (Form I Appendix 'A') with particulars correctly filled in together with duty Bills, invoices etc. In this application, he should specifically declare whether or not any of the' goods, which he is desirous of warehousing fall within the class and description of the goods appearing in Appendix 'L' in these Bye-laws.

On receipt of such application and if the goods can be accommodated, an acknowledgment therefore will be passed (Form 2 Appendix 'B') and the goods will thereafter be received and warehoused at the rates laid down in the scale of charges in force in that behalf.

2.Hazardous goods will be held to include all classes of goods of a dangerous nature, vide Appendix G.

3.( Deleted vide T. R. No. 96 of 1926. )

4.Packages containing property of considerable value will only be accepted for storage by special arrangement and then only provided that they are adequately sealed to the satisfaction of the Dock Officials concerned.

5.The Trustees will accept no liability or responsibility whatsoever for loss of or damage to goods accepted for storage in the open spaces adjoining the warehouses.

6.The Trustees reserve the right to refuse for storage in their warehouses any goods which are so badly damaged or packed as to be unfit for storage in the body of the warehouses; also any goods which from their nature are likely to cause damage to other merchandise in their proximity.

7.When goods are placed in the open with the consent of the warehouser’s. the warehousing application ( Form I, Appendix A ), acknowledgement of application ( Form 2, Appendix B ) and receipt ( Form 5, Appendix E ) covering the goods will be stamped with a rubber stamp as follows:—

The within mentioned packages have been placed in the open at warehouser's risk. If it is desired to have them placed under cover to obviate damage by rain, special application must be submitted in writing to the Docks Manager at least one month before the break of the monsoon when covered storage will be provided, as .space becomes available. Removal to be effected by the warehouser at his own cost.

8.Goods may also be warehoused under "warrant" in which case a second application (Form 3, Appendix C) together with a warrant (Form 4, Appendix D) must accompany the original application for warehousing. Such goods will thereafter be known as '"Warrant goods" and goods lodged without issue of warrant as “non-warrant goods”.

9.Warehouses, as may be notified by the Trustees from time to time, will be set apart exclusively for piece-goods, yarns or other textile fabrics (excluding gunnies and hessians) in original bales and cases and metals. In case of there not being room in these specially reserved warehouses for goods of the class for which they are reserved, the owner or consignee, on putting in a warehousing application, will he informed that his goods will be placed in the warehouses for general non-hazardous merchandise by an endorsement in red, stamped on the face of the acknowledgement granted for the application (Form 2, Appendix B) before his goods are received.

10.For "warrant goods" stamped warrants will he issued on (Form 4 Appendix D), and for "non-warrant goods" a receipt will be granted on (Form 5, Appendix E). Warrant forms duly stamped will be furnished by the warehousers.

11."Non-warrant goods" will he delivered in whole or in part according to written delivery orders (Form 7, Appendix H) from the holders.

12."Non-warrant goods" will be transferred from any one depositor to another on a written authority form; the original depositor, and on payment of all warehouse charges due to date of transfer. In such cases re-warehousing application must be submitted when the goods will be transferred and a fresh receipt (Form 5, Appendix E.) issued in the name of the transferee.

13."Non-warrant goods" once transferred to another party will only he delivered upon delivery orders signed by the transferee, who can, however, also transfer to a third party and so on, the last transferee being always considered the holder of the goods.

14.Warrants will be transferable by endorsement without production of the warrants to the Trustees

15.Goods covered by a warrant cannot be delivered without production and delivery of the warrant.

16.Proprietor of goods may pay rent and incidental charges on goods covered by warrant upto any desired date and have new warrant issued.

17.Warrants will be made out for such quantities of goods as may be convenient to importers, provided that the lotting operations have been satisfactorily completed beforehand.

18.Should the delivery of the whole contents of a warrant be directed and the goods not be removed within two days. a new warrant for the remainder of the goods incurring rent from the date of return of the original warrant must be taken out.

19.When the holders of warrants are desirous of assigning part contents without delivery, re-weighing, re-housing & c., new documents may be obtained in exchange for the originals duly endorsed. 'The endorsement should specially direct the manner in which the contents are to be divided and state the names of the parties in whose favour the warrants are to be issued in the following form :—

"Please to divide the within" or ( when part is to be delivered ) "Deliver to bearer ( state how many packages ) , and grant new, one for ( state how many packages ) in favour of one for" etc.

20.If desired by the holders warrants may be exchanged or divided without assigning the goods.

21.In the event of warrants being lost or mislaid, duplicate will be issued on application, but an engagement by the owners and a substantial surety (in Form 6 appended), to indemnify the Port Trust in case of any claim being made on the original documents; must accompany the application; the loss of the warrants must also be advertised once at least in two English and two Regional local newspapers.

22.No duplicate warrants will be issued until seven clear days from advertisement of loss in the newspapers have elapsed.

23.On notice of loss of any warrants being given, the goods covered will be at once stopped until either duplicate are issued or the missing warrants are produced.

24.After duplicate warrants have been once issued, the originals, if produced, will not be acted upon.

25.A charge of one rupee will be made for every duplicate warrant issued.

26.Irregularities in endorsements on warrants must be carefully avoided by holders, as they not only lessen the security of the proprietors of goods and render the warrants incomplete as authorities, but also give rise to impediments in the regular despatch of business.

27.No unauthorised or irregular endorsement on warrants will be accepted or acted upon.

28.Part contents of goods specified in a warrant cannot be delivered unless the warrant is returned and fresh documents taken out for the balance.

29.Rent for all goods deposited in the Trustees' Warehouses will be charged per week, and part of a week will be charged as a whole week. Rent in respect of goods removed by the consignee will commence to run from the date of application. In every case the rent will be assessed on the entire quantity of goods specified in the application.

30.In cases of goods transferred from one party to another, rent will commence for a fresh week from the date of transfer, the same as when a deposit is made, no abatement of rent for any un-expired portion of a week will be made to the transferer, the operation of transfer being considered in the same light as a delivery.

31.Goods placed in the warehouse will remain at the risk and expense of the depositors until a receipt or warrant be granted.

32.In the event of any goods deposited in a warehouse becoming in a rotten, putrid, damaged or leaking condition, the Docks Manager may require the owner or depositor thereof to forthwith cause the said goods to be removed and if such owner or depositor as the case may be, shall on being so required refuse or neglect, for the space of seven days after notice, to remove such goods, then the removal and disposal of such goods may be effected in such manner as the Docks Manager may think fit, and he may if he thinks necessary, cause the said goods to be destroyed, and the owner or depositor thereof, as the case may be, shall, within forty eight hours after demand in writing, pay to the Trustees all the costs and expenses attending or occasioned by such removal and destruction and of such cleaning, purifying or disinfecting the place of storage as may be considered desirable, and shall be further liable to the penalty prescribed under the Major Port Trusts Act.

33.Goods once taken delivery of by owners under a clear receipt and not removed forthwith from the warehouse premises will remain at the risk and the expense of owners, and no responsibility in connection therewith will rest with the Trustees.

34.The Trustees will not be answerable for any damage or loss suffered by merchandise while in the Trust warehouses in such damage or loss be the result of natural or unavoidable causes. Responsibility will only be admitted when the damage or loss has been in consequence of want of proper care or attention on the part of the Trustees and provided that such damage, loss or deficiency is ascertained, pointed out and acknowledged by Docks Manager prior to the removal of the goods from warehouse premises.

35.The Trustees will not be responsible for contents of packages when the outward condition on delivery is the same as when the packages were first received into the warehouse. Qualified receipt will be passed for all packages in a damaged or doubtful condition.

36.Permission will be given for the opening of packages for appraisement, surveys, extracting of samples etc, but all packages so opened, without their condition having been questioned will be considered as taken delivery of, and no claim for damage subsequently discovered will be allowed.

37.Packages that have been once opened will lie in the warehouse at the risk of the owner.

38.As a principle, no non-warrant goods will be delivered until all rents and charges due in respect of them be fully paid up, but this rule may be relaxed for the convenience of merchants having monthly transaction and accounts at the warehouse.

39.When charges for goods in the warehouses are made by bills, such charges must be paid within two months after presentation of the bills, in case of non-payment of charges within the two months, the Trustees shall have the right to stop delivery of all goods in the warehouses standing in the names of the parties owing any rents or other warehousing charges until full settlement be effected.

40.Working hours in the warehouses shall be from 8 a.m. to 12 noon and from I p.m. to 5 p.m. (S.T.) except on Sunday and such Holidays as may be notified by the Trustees from time to time.

Note:—Deliveries of Bond cargo for shipment at the Docks and Bunders will cease at 4 p. m.

Appendix ‘A’

Form I

Register No.of

To,Bombay ______197

The Manager,

BOMBAY PORT TRUST, DOCKS

Please receive into your warehouses the undermentioned packages ex. s.s. ______and hold them to ______Charges will be paid by ______.

Signature ______

Address ______

Note : The applicant should specially state herein whether or not any of the goods described above fall within the class and description of the goods appearing in Appendix ‘L’ to these By-laws.

Appendix ‘B’

Form 2

BOMBAY PORT TRUST – DOCKS

Acknowledgement for Warehousing Application No.

Bombay ______197

To,

BOMBAY

Sir,

I beg to acknowledge receipt of your application No. ______dated ______197 , for the undermentioned goods to be stored and held in your name and to your order :-

Manager

Port Trust Docks

Note : When there is no room in the warehouse exclusively set apart under By-law 9, this form will be stamped as follows :- (No room being available in the protected warehouses, these goods will be placed in the warehouses for general non-hazardous merchandise)

Appendix ‘C’

Form 3

BOMBAY PORT TRUST – DOCKS

To,

The Manager,

Bombay Port Trust, Docks

Bombay ______197__

Please to prepare Warrants in the name of ______for the undermentioned goods, imported per s.s. ______.

Signature ______

Address ______

Appendix ‘D’

Form 4

BOMBAY PORT TRUST – DOCKS

Duty Paid Warehouses.

Serial No.

Bombay, dated the ______of 197

Application No.

Warrant for the goods noted below, imported per s.s. ______deliverable to ______or order by endorsement hereon. Rent commences on the ______and all other charges from the date of his warrant.

The Port Trust is not liable for loss or damage from natural or unavoidable causes, vide By-Law No. 34

Folio No. ______

Manager

Appendix ‘E’

Form 5

BOMBAY PORT TRUST – DOCKS

Docks Warehouses

Port Trust Warehouse Receipt No. ______

Date ______197

Goods stored in ______warehouses ______Docks.

Received from ______the following Goods warehoused by ______as per Warehousing Application dated ______received on ______

The Port Trust is not liable for damage or loss from natural or unavoidable causes, vide By-law No. 34

Manager

Appendix ‘F’

Form 6

We (or I), A,B, now of ______, and C,D, ______of are jointly and severally bound to the Trustees of the Port of Bombay, their successors and assigns, in the sum of Rs. ______to be to the said Trustees, their successors, or assigns for which payment we jointly and severally bind ourselves respectively and our legal representatives.

Dated this ______day of ______19 .

Wheresas ______the Warrants dated the ______day of ______19__ and bearing Numbers ______which were issued by the said Trustees to ______in respect of ______have been lost or mislaid. And whereas the said ______are owners of the said goods and have on the ______advertised in the ______newspapers the loss of the said Warrants but no answer has been received to said advertisements and the said ______have applied to the said Trustees to issue Duplicates of the said Warrant which they have agreed to do upon receiving this indemnity. And whereas the said ______hath at the request of the said ______agreed to become their surety for the performance of the conditions hereinafter contained. Now the condition of the above written Bond is such that if the said ______and ______and the said ______and their respective legal representatives or any or either of them shall and will from time to time and at all times hereafter effectually indemnify and save harmless the said Trustess, their sucessors, and assigns, from and against all suits, costs, charges, damages, claims and demands whatsoever which shall or may at any time or times hereafter be brought or prosecuted against the said Trustees, their successors or assigns by any person or persons whomsoever by reason of the said Warrants not having been produced or having been lost, mislead or dealt with in any way, or by reason of the said Duplicate warrants having been handed over by the said Trustees to the said ______or for or by reason or on account of any other matter or thing whatsoever in anywise relating to the premises, then the abvoe written Bond is to be void and of no effect otherwise the same shall be and remain in full force and virtue.

Signed, sealed and delivered by ______

Appendix ‘G’

The following hazardous goods will not be accepted in the Duty-paid Warehouses, vide By-law No.2

APPENDIX H

Form 7

No.

Bombay ______197

From ______

To,

The Manager,

Bombay Port Trust – Docks

Please deliver to ______or bearer the following packages ex. SS ______stored in No. ______Warehouse ______Docks and take a receipt.

Note :- In conformity with article 28 of schedule I of the Indian Stamps Act 1899, Delivery Orders must bear a stamp of the value of 10 P. unless the Drawer specifically endorses a declaration thereon that delivery does not involve a sale or transfer of the property in the goods covered.