Warehouse Receipt Act
- Commenced on 14 December 2007
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Warehouse Receipt Act [Chapter 18:25].
2. InterpretationIn this Act—“agricultural commodity” means any agricultural commodity specified in the Schedule;“depositor” means a person who deposits an agricultural commodity in a warehouse;“holder” means a person who is in lawful possession of a warehouse receipt issued or endorsed to him or her or to the person’s order;“licence” means a warehouseperson’s licence issued in terms of Part III;“Minister” means the Minister of Agriculture or any other Minister to whom the President may from time to time assign the administration of this Act;“prescribed” means prescribed in terms of the regulations made under section 29;“receipt” means a warehouse receipt;“registered”, in relation to a warehouse operator or warehouse, means registered in terms of section 4;“Registrar” means the Registrar of Warehouses referred to in section 3(1) or any person performing his or her functions in terms of section 3(3);“warehouse” means any building, structure or protected enclosure in which an agricultural commodity is stored for a third party in return for a storage or processing charge;“warehouse operator” means a person who operates a registered warehouse;“warehouse receipt” means an acknowledgement in writing by a warehouseperson of the receipt for storage in a warehouse of an agricultural commodity belonging to a depositor;“warehouseperson” means a person who is licensed in terms of section 10.
Part II – Administration and registration of warehouses
3. Office of Registrar
4. Registration of warehouse operators
5. Issuance of registration certificates
6. Register of warehouse operators and warehouses
7. Annual fee payable in respect of registered warehouses
8. Amendment of registration certificate
9. Cancellation of registration
Part III – Licensing of warehousepersons
10. Licensing of warehousepersons
11. Issuance of licences
12. Register of Iicences
13. Annual fee payable by warehouse operator on behalf of warehouseperson
14. Cancellation of licenceA licence may be cancelled if the Registrar has reasonable grounds for believing that the warehouseperson is no longer a fit and proper person within the meaning of section 10(3).
Part IV – Warehouse receipts
15. Issuance of warehouse receiptsWarehouse receipts shall only be issued by a warehouseperson in respect of agricultural commodities received by him or her for warehousing or marketing or both.
16. Form and negotiability of warehouse receipts
17. Replacement of warehouse receipts
18. Alteration of warehouse receipts
Part V – Duties of warehousepersons, warehouse operators lien and liability of warehouse operators
19. Duties of warehousepersons
20. Warehouse operators’ lien
21. Cancellation Of warehouse receipts
22. Liability of warehouse operator
23. Manner of storing agricultural commodities
24. Termination of storage
Part VI – Negotiation and transfer of warehouse receipts
25. Requirements for negotiability
26. Rights acquired by negotiationSubject to Section 25, a holder to whom a negotiable warehouse receipt has been negotiated acquires—
27. Rights and obligations of transferors and transferees
28. Conflicting claimsIf more than one person claims title to an agricultural commodity specified in the receipt, the warehouse operator—
Part VII – General
29. Minister may make regulationsThe Minister may make regulations providing for any matter which by this Act is required to be prescribed or which he or she considers necessary or desirable to be prescribed for giving effect to the purposes of this Act.
30. OffencesAny person who—
31. Amendment of ScheduleThe Minister may by statutory instrument amend the Schedule by adding, deleting or substituting any item therein.
History of this document
14 December 2007