Introduction Warehouse
Receipts at present do not enjoy the fiduciary trust of depositors and banks as
there is fear of not being able to recover the loans in the events, such as fraud,
or mis-management on behalf of the warehouse or the insolvency of the depositor.
The legal remedies are also time consuming and inadequate. Considering these drawbacks,
there was a need felt to develop a formal mechanism for Negotiable Warehouse Receipts
system for all commodities including agricultural commodities. The
enactment of Warehousing (Development and Regulation) Act, 2007, a formal regulatory
authority will be instituted to enforce accreditation of warehouses, a system
of quality certification and grading of commodities, with a view to protect the
interests of those holding warehouse receipts, against negligence, malpractices
or fraud. The notification of the Warehouse (Development & Regulation) Act
enacted in September 2007 is to be published shortly. The Act besides mandating
the negotiability of warehouse receipts prescribes the form and manner of registration
and issue of Negotiable Warehouse Receipts (NWR) and regulates trading of the
receipts including electronic system for the same and other related issues through
the establishment of Warehousing Development & Regulatory Authority [WRDA]. The
introduction of negotiability of warehouse receipts has enormous benefits for
the farmers of the country, who can now avoid distress sales, obtain finance against
their stored produce and extract better prices for their produce, particularly
in cases where sale of commodity is not backed by Minimum Support Price mechanism
of the Government. Moreover, This pledging/collateralization of agricultural produce
with a legal backing in the form of NWR will lead to increase in the flow of credit
to the rural areas, reduce the cost of credit (due to certainty of recovering
credit by the bank) and will spur other related activities, like standardization,
grading, packaging and insurance in the agricultural sector. With the increased
storage requirements, warehousing industry will also get a boost in rural areas
fulfilling a part of gap in the logistic chain of agri-business in the rural sector. NWR
also has the potential to positively impact the government procurement programmes.
With a stable NWR system in place, the Government agencies can accept and make
payment to the farmers against the NWRs. At the time of requirement, the Government
agencies can obtain foodgrain against NWRs from the warehouses concerned. This
can work well for maintaining buffer and reserve stock for the Government agencies,
more than the stocks which are rolling in nature and have to be put in the PDS
frequently.
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