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Bihar State Regulation of Cold Storage Licensing Rules, 1993

Published vide Notification No. G.S.R. 13, dated 24th February 1993, Published in Bihar Gazette (extra-ordinary) dated 24.1.1993

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(1) "Calendar Year" means the period from the 1st of January to the 31st of December.

(2) "Form" means the form appended to these Rules.

(3) "Act" means the Bihar State Regulation of Cold Storage Act, 1992. (Bihar Act 17 of 1992).

(4) "Schedule" means the Schedule appended to these Rules.

(5) "Section" means the section of the Act.

(6) The words and the terms used in these Rules but not defined shall have the same meaning as given in the Act.

(1) The Statement presented by the applicant must be true, complete and to the full satisfaction of the licensing authority.

(2) Cold Storage must be in conformity to the prescribed specification under Section 6 and the other conditions made thereunder must be fulfilled.

(3) Hirers shall be provided with the facilities for inspection, weighing, measuring, sampling and grading of stored or to be stored agricultural produce.

(4) Licence shall always be kept in the basement of cold storage and shall be presented on demand to the licensing authority for inspection and examination.

(5) Licencee shall comply with the rules and provisions made from time to time by the Central or the State Government in respect of imposition of duty on agriculture produce.

(6) The premises where the Cold Storage situates shall be neat and clean. Provision of electrification of one watt, per 40.45 square centimetre (5 square feet) shall be made inside the cold storage.

(7) (a) Entire campus, out house, Store and entrance of Basement where Cold Storage is situated shall be kept neat and clean.

(b) Cold Storage and its basement where it is situated shall be disinfected and deodorised as many times as necessary at least once in a calendar year.

(8) Licensee shall not store in Cold Storage any such produce which is antagonistic and antiodouristic to agricultural produce. Produce with antiodour shall be stored in a separate chamber of Cold Storage.

(9) Any person suffering from infectious or contagious disease shall not be permitted to work in the Cold Storage. Arrangement for examination of workers, other than daily wage labourers, to ascertain whether they suffer from any infectious or contagious or any other disease shall be made at least once in a calender year.

(10) Provision of such clothes shall be made to safeguard workers from cold, working inside the Cold Storage. The workers working at a place below freezing point shall be provided with boots.

(11) For distribution and circulation of air and in loading and unloading of goods the following instructions shall be fallowed:-

(i) There shall be a spacing of not less than 0.75 meter in between two rows of the racks.

(ii) Racks shall be kept at a distance of at least 60 cms. from walls/floors.

(iii) A minimum vacant spacing of 30 cms. in between the roof and the highest shelf loaded or every rack must be kept.

(iv) A minimum vacant space of 7.5 cms. must be kept in between one shelf to other shelf:

(a) Not more than 6 bags one above the other shall be loaded in a single stack.

(b) a spacing of 10 cms. shall be left in every row of bags.

(c) Bags shall during the period of storage be shuffled twice in such a way that the bag kept at the bottom of stack shall be kept on the top and the bags shall for the first time within 45 days, for the second time within 90 days from the date of storage of agricultural produce, be shuffled.

(12) Such thermometer shall be installed in Cold Storage through which temperature of wet and dry bulb may be read.

(13) Every licensee shall keep a log book in Form I and readings of temperature, relative humidity, weight of compression shall be entered uninterruptedly at intervals of 4 hours during the working of Cold Storage till automatic recorder is installed. Licensing Officer or any person properly authorised by him shall personally verify the records and sign the log book at the time of inspection.

(14) Licensee shall immediately inform the Licensing Officer about nonworking of the Cold Storage for more than 24 hours. The cause of such stoppage of functioning of Cold Storage shall be entered in the log book and this shall be informed to the Licensing Authority.

(15) Every licensee shall always provide such facilities as required by the Licensing Officer during general working hours of any working day for entrance, inspection or examination or to inspect or examine machine and tools, accounts, stored agricultural produce at that place/its office, registers, records, letters, etc. as required by the Licensing Authority and shall produce such records as may be required by Licensing Authority for any purpose of the Act.

(16) Licensee shall immediately inform the Licensing Authority, if the goods stored in Cold Storage begin to deteriorate due to reasons beyond the control of the licensee.

(17) Any shelf or rack where damaged or deteriorated agricultural produce has been stored or temporarily kept shall be cleaned and disinfected immediately after the removal or disposal of such produce.

(18) Where a licensee wants to store agricultural produce in his name he shall apply to Licensing Authority in writing for permission to do so, in which the quantity, type and the period of agricultural produce to be stored, shall be stated and shall prior to actual storage of agricultural produce specified by him, obtain the permission of Licensing Authority.

(19) Licensee shall not unless permitted by the State Government take any other charge e.g. labour charge, insurance, weighment of agricultural produce, carriage from point of unloading limit of Cold Storage, for hire to point of storage, shuffling of bags and carriage of produce from Cold Storage to limit of Cold Storage for returning to hirer and for arranging space and furniture's for drying, grading, sorting and re-bagging etc. or any other service in this respect except the charge fixed by the State Government under Section 29.

(1) Cold Storage shall be constructed and safeguarded in such a way that it be damp-proof and heat-proof and the entry of birds, insects, harmful pests, rats, rodent and other such insect, pets and animals can be prohibited and safeguarded against damage to agricultural produce.

(2) Any agricultural produce shall be stored in such a way that it can be saved from humidity, dampness, heat, gale or water through floor, side walls, doors and windows.

(3) Insulation of floor, roof, doors, windows or any opening of Cold Storage shall be done by (1) Cork slab, (2) Glass-wool, (3) Rock-wool, (4) Expanded Polyesterin, (5) Thermocole, (6) Thermofuyam, (7) Thermoclayes, (8) Thermopopack, or any other material approved by the Licensing Authority. To regulate the temperature of the Cold Storage according to its necessity, insulation and damp proofing shall be done properly subject to the approval of the Licensing Authority.

(4) To eliminate all possibilities of loss of temperature through joints placing the turning joints curve should be covered with two layers of obliquely placed insulating material.

(5) There shall be sufficient arrangement of insulation on the doors of a cold storage and they should be reasonably air protected. The doors shall be such designed that any person may open it both from inside and outside.

(6) Wherever provisions of racks are to be made, the same shall be constructed in such a way that loading and unloading may be done without endangering the life of workers of the Cold Storage.

(7) Diffuser or direct expansion pipe through which refrigerant flows shall be installed in a Cold Storage in such a way that the proper temperature together with maximum permissible variation of centigrade and permissible variation of 5% of relative humidity may be maintained at every place of storage of agricultural produce inside the Cold Storage.

(8) Every Cold Storage shall have suitable and easy place to separate and store temporarily such agricultural produce which is deteriorating or which has signs of deterioration so that it may not come in contact with other agricultural produce or affect them in any way till it is disposed of.

(9) Fire extinguishers and disinfection equipments and other materials in basement of Cold Storage shall be kept ready for use and trained personnel shall also be engaged to maintain such equipments and Materials.

(10) Arrangement of drinking water for workers, hirers or their agents and for horses and also for other carriage-animals shall be therein the basement of Cold Storage.

(11) Such approach road to a Cold Storage shall be made so that to and from transportation of agricultural produce may be facilitated.

(12) In a Cold Storage there shall be an arrangement of pre-cooling chamber where agricultural produce shall be stored for at least 14 hours before final loading in the Cold Storage.

(a) Any of the grounds mentioned in sub-section (2) of Section 7 exists.

(b) The licensee has wholly or partly, transferred the possession or control of the Cold Storage.

(c) The licensee has ceased to run the Cold Storage.

(1) Goods may not be damaged.

(2) He shall work as a man of ordinary prudence to see that goods may not be damaged due to circumstances.

(1) Information shall always be legible.

(2) Vacant space shall necessarily be exhibited.

(1) Goods to be accepted for storage will not cause damage to the stored goods.

(2) The decision of the Licensing Authority shall be final in case any dispute arises.

Form No. 1

(See Rule 3)

Maintenance of Log book of Refrigeration Plant.

Form 2

Application for Licence

(2) Owner's (Owners') name, Father's name & Address.........

District........................

(1) Number of Chamber

(2) Single size (Length, Breadth & Height in metres) of Chambers of Cold Storage .................

(3) Total space in cubic metres of all the chambers of Cold Storage.

(2) Arrangement of water supply.....................

(3) Arrangement of electricity supply...............

(4) Method of storing............................

(5) Structure of racks, Description of arrangement...........

(6) Refrigeration used and security arrangement..............

(7) Whether pre-cooling is done ? If there is any pre-cooling chamber.....................

(8) Whether there is an arrangement of quarters in the premises of the Cold Storage for operators and all employees............

(9) Qualification & experience of Manager, Technician, Technical Supervisor/Operator etc.................

Signature of Applicant/Applicants.

Form 3

(See rule 7)

Licence under Bihar State Regulation of Cold Storage Act, 1992

1. Name and Address of Licensee

2. Location of Cold Storage

This Licence is granted under the provisions of Bihar State Regulation of Cold Storage Act, 1992, and is under terms and conditions referred in rules of this Act.

Place.............

Date..............

Period of Validity

Paid licence fee

Total capacity of Cold Storage (Cubic meter)

Signature of Licensing Officer

Form 4

(See Rule 10)

Application form for renewal of Licence under Section 7 of Bihar Regulation of Cold Storage Act, 1992.

1. Name of Owner/Owners, Father's name and Address.............

2. Name, location of Cold Storage and Address for correspondence.........

3. (1) Number and date of licence desired to be renewed........

(2) Last date of current year.....

4. Details of important charges/modifications/extensions etc. after grant of or renewal of present licence........

5. Appended is the duly receipted challan wherein mention of amount of fee deposited, name of the treasury, number and date of challan are made.

6. Period for which renewal is desired.....

7. Change if any, in the schedule of rent charge/sub-charges for storage...........

8. Any other information's which the applicant desires to mention.........

9. I/We hereby declare that the information/details given here are true to the best of my/our knowledge and belief.

10. I/We promise to comply with provisions of Rules made under Bihar State Regulation of Cold Storage Act, 1992 and directives issued under this Act and Rules by the Licensing Officer, from time to time.

Date...........

Signature of Applicant/Applicants

N.B. - The application form shall be signed by-

(1) Owner or, one of the owners where Cold Storage is proposed to be run by the private person/persons, or

(2) Managing Director or Manager where the Cold Storage proposed to be run by Corporation/Public enterprises, or

(3) Secretary where the Cold Storage is proposed to be run by registered Co-operative Society.

Form 5

Application form for issue of duplicate licence under Bihar State Regulation of Cold Storage Act, 1992

The Licensing Officer,

I/We son (sons) daughter(s) of Mr./(Mrs.) resident of Post Office District hereby state that the licence granted to me/us under section for the period ending is illegible due to the following circumstances.

(here mention the circumstances under which the licence is lost/destroyed/ damaged/torn/defaced/become illegible).

2. Therefore, I/We request you to issue me/us a Duplicate copy of the licence on the terms and conditions on which the above sanctioned original licence was granted.

3. I/We........append here with treasury challan as a proof of payment of the prescribed fee,

4. I/We hereby declare honestly that the description, or information's given here are true to the best of my/our knowledge and belief.

5. I/We hereby submit the original licence (when the licence is not lost or destroyed).

Witness. (1)...............

(2)...............

(Names, addresses and full signatures of two witnesses should be given here).

Yours
Signature of applicant/applicants

N.B. - 1. Words not applicable should be deleted from the application form.

2. The application form shall be signed by-

(1) Owner or, one of the owners where cold storage is proposed to be run by the private person, or

(2) Managing Director or Manager where Cold Storage is proposed to be run by Corporation/Public undertaking, or

(3) Secretary where the Cold Storage is proposed to be run by a registered Co operative Society.

Form 6

(See Rule 14)

The Governor, Bihar State.

The licence no.............dated granted to me/us under Bihar State Regulation of Cold Storage Act, 1992 which has been lost by me/us. I/We personally, my/our successor, performer, administrator agree to compensate any loss or damage consequent upon issuance of the Duplicate licence today by the Licensing Officer and the use of the original by any other person and I/We promise to submit original licence, if received, to the Officer issuing the above licence.

And I/we agree that the Government shall be entitled to realise all the above loss or damage from me/us in the form of land revenue.

Signed on day. dated 20 ....

Signature of performer

In the presence of

1..........................

Address

2..........................

Address

Note. - This compensation-bond should be executed on non-Judicial stamp of proper value

Form 7

(See Rule 26)

Application form for construction of cold storage

1. Applicant's name, Father's name & Address....

2. Owner's (Owners') name, Father's name & Address............

3. Name of Cold Storage, Location, Address for correspondence, Police Station, District Nearest Railway Station & its distance from Cold Storage......

4. Size of proposed Cold Storage-

(i) No. of chambers

(ii) Size of each chamber (Length, Breadth & Height, in metres).

(iii) Total space of all chambers (in cubic metres).

5. No. of cold storage operating in the proposed area....

6. Name of agricultural goods proposed to be stored...........

7. Production of agricultural produce mentioned at SI. No. 6.........

(i) Total production of agricultural produce in the area.....

(ii) Quantity available for storage....

8. Type of structure....

9. Area of campus of proposed Cold Storage....

10. Approach road to the campus....

11. Name of treasury and enclose challan no., date and amount deposited.

12. Proposed date of starting construction and expected period of completion.

13. Particulars of machinery, Insulation, etc.

(i) Details of machinery proposed to be installed.

(ii) Insulation material proposed to be used....

(iii) Refrigeration proposed....

14. Availability of power

(i) Electrical load required....

(ii) Arrangement proposed to be made for required electrical load...

15. Availability of water Arrangement made for water supply...

16. Source of Finance :-

(i) Own resource...

(ii) Bank/State Financial Corporation...

(iii) Amount of loan applied and sanctioned.

Signature of applicant/applicants.