THE WAREHOUSE RECEIPTS REGULATIONS, 2016

This section is a heading list covering citation, application, interpretation, and the Board’s operations and supervision structure.

10. Meeting and tenure of supervision committee

This provision heading refers to the operation cost of the supervision committee in Part IV on collateral manager matters.

The Fifth Schedule sets the composition, proceedings, and tenure of office for members of supervision committees established under section 6(3).

The supervision committee must carry out several duties, including ensuring payment to depositors and other key actors, promoting the warehouse receipt system, clarifying implementation issues, and reporting and advising the Board.

The Minister must arrange for the operational costs of the supervision committee, after advice from the Board and in consultation with the Minister responsible for local government authorities.

This section is a heading for collateral manager functions and rights, and for licensing procedures.

A licensed collateral manager must carry out specified warehouse and goods-control functions.

The collateral manager has rights to be paid lien amounts in the warehouse receipt, receive Board-approved charges, obtain official documents for certain warehouse receipt matters, and seek Board approval for an additional lien when storage costs and time increase.

Section 19 states that matters are to be considered before a licence is granted.

This section is titled “Grounds for suspension or revocation of a licence.”

Section 24 is titled “Warehouse operation under administration of the Board.”

Section 31 lists headings about licences, warehouses, and the duties and rights of warehouse operators.

Applicants for these licences must apply to the Board in Form A and include the required supporting documents; licenses are issued after the prescribed fee is paid.

The Board must publish license applications within seven days after receiving them.

A person objecting to an application must file the objection with the Board within 14 days after the notice is published.

The Board must consider objections within 7 days, hear the applicant, representative, or objector, decide faster if the applicant does not defend the application, and communicate its decision within 7 days of consideration.

Before granting a licence, the Board must consider the applicant’s reputation, competence, business adequacy, and compliance with regulations and other written laws.

The Board must grant a licence if the applicant has complied with the Act and Regulations, and then notify the applicant of its decision within seven days. The licence lasts for the period stated in the licence, but not more than twelve months.

A person seeking to renew a license must apply for renewal within 45 days before the license expires.

Section 39 is a heading listing topics about duties and rights related to warehouse receipts.

This section is headed “Rights of inspectors” and mentions powers of a warehouse inspector, persons to use licensed warehouse inspectors, and delegation of inspection responsibilities.

A financial institution must act as the payment point for transactions under the warehouse receipt system and carry out related financing, training, and reporting duties.

A depositor using warehouse receipts must carry out the listed handling, documentation, transport, verification, signing, pledge, sale, payment, and account-detail steps.

This section lists topics for rules about bonds and insurance for warehouse operations, including filing, conditions, amounts, continuous assessment, renewal, annual execution, and approval.

The warehouse bond under section 19 must be filed with the Board before the warehouse operation licence is issued.

A bond must include conditions requiring the warehouse operator or collateral manager to act faithfully and diligently, keep interested persons informed about stored commodities, and comply with any other terms the Board prescribes.

The Board sets the bond amount for a warehouse operator, and the bond must be at least 10% of the applicant’s assessed business value.

The Board must continuously assess the warehouse operator’s business and can require adjustments to bond, insurance, or other security if deficiencies are found.

When renewing a warehouse operation licence, the warehouse operator or collateral manager must submit extra information about the bond, insurance, or other security to the Board.

A warehouse operator or collateral manager must, before the warehouse operation licence expires, file a new bond, insurance, or other required security with the Board.

A bond, insurance, or other security required under the Act or Regulations is effective only after Board approval.

This provision is a section heading covering warehouse receipts, including their form, printing, loss or destruction, and approval of form.

A warehouse receipt must include listed details such as the operator’s name, warehouse grade and licence number, goods details, fees, encumbrances, and the storage period. The Board may also prescribe contents for electronic warehouse receipts.

The Board must print warehouse receipts in three copies and label each copy as specified. If a receipt is non-negotiable, the Board must mark it “Non-negotiable.”

If a warehouse receipt is lost or destroyed, the warehouse operator or collateral manager must issue a duplicate copy once statutory requirements and Board approval are met.

This section says a paper-based warehouse receipt is effective only if it meets the prescribed requirements and is printed with security features approved by the Board. It also says an electronic warehouse receipt must comply with the prescribed warehouse-receipt requirements to be effective.

Section 57 concerns delivery of goods from storage, partial delivery of goods, and return of warehouse receipts before delivery of goods.

Warehouse operators and collateral managers must deliver goods only after the required documents and payments are produced, and they must not release stored goods unless the goods have been weighed and the weight recorded.

A warehouse operator must not make a partial delivery of goods covered by a warehouse receipt until a commodity release order is obtained from the financier, and must update or replace the receipt when deliveries are made.

A warehouse operator or collateral manager must not deliver goods unless the relevant warehouse receipt is returned or an authentic instruction is received, and must not honour a release order for a non-negotiable receipt unless ownership is verified.

This section refers to inspection, grading and weighing of goods, storage of goods on the basis of grade, and inspection and examination of warehouses.

Section 62 is titled “Calibration of weighing equipment.”

Warehouse operators must inspect, grade, verify, count, record, and weigh goods received in a warehouse, and must ensure required inspection, grading, and weighing before a warehouse receipt is issued.

A warehouse operator must store and deliver commodities from storage according to grades, package count, and weights and measures.

Licensed warehouse operators or collateral managers must use all inner documents when receiving and delivering commodities in the warehouse, as prescribed by the Board’s regulations, orders, or circulars.

The Board may authorise a licensed warehouse inspector to inspect or examine commodities in a designated warehouse during normal working hours.

Weighing machines or equipment used to check weights or measures on a warehouse receipt must be approved under the Weight and Measure Act.

This section is a heading list for Part XII general provisions, covering goods care, records safety, offence compounding, stored goods identification and tagging, re-conditioning, perishable goods, and deteriorated commodities.

A warehouse operator must take reasonable care of goods in custody and keep them safe, pest-free, undamaged, inspected, and reported on within one month.

A warehouse operator must keep warehouse records safely for at least 5 years, and cancelled receipts and related documents for at least 7 years; the Board can direct storage elsewhere if compliance is not possible.

Warehouse operators must use safe chemicals.

The Board is to organize annual stakeholders’ fora.

This section is titled “Composition of annual stakeholders’ forum.”

The Board must keep a stakeholders’ directory.

Section 77 is titled “Access and update of stakeholders’ directory.”

Section 80 is titled “Revocation and savings” and is part of the Warehouse Receipts Regulations, 2016.

If an offence is compounded, the prescribed form must be completed and signed by the offender and the officer compounding it.

This section gives the short citation name for the Regulations.

These Regulations apply to key actors and other interested parties in the warehouse receipts system covered by the Warehouse Receipts Act.

This section defines key terms used in the warehouse receipts rules.

The Board has several functions related to warehouse receipts, including research, promotion, coordination, complaints handling, information sharing, maintaining a directory, and collecting fees.

The Board must keep and maintain a register for each category of key actors under the Act and these Regulations.

The Board must keep a lean structure when carrying out its functions, with core duties done by its employees, some auxiliary work allowed to be outsourced, staff hired competitively, and employees following the public Code of Conduct.

The Board must develop staff regulations, a scheme of service, and financial regulations that conform to the Act and these regulations.

The Managing Director and other Board officers must sign performance contracts when appointed. The Board may set the contract terms, and the Managing Director’s term cannot be more than five years unless renewed by the Minister.

The Board must develop a staff performance evaluation scheme.

The Board may suspend or revoke a licence if it finds irregularity or malpractice, but it must notify the licence holder first and give a right to be heard before suspension or revocation.

The Board may suspend or revoke a licence if the licensee meets certain grounds, including loss of control, dissolution, incapacity, or non-compliance.

If a warehouse operation licence is revoked while commodities are still stored, the Board must take over administration of the warehouse until the commodities are delivered to the owner or disposed of.

If a licence is suspended or revoked, the licence holder must surrender it to the Board.

The Board may issue a certified duplicate licence to the licensee if the original licence is lost or destroyed.

A person aggrieved by the Board’s decision may appeal to the Minister within 15 days, in writing, with stated grounds and signature, and the Board and Minister each have set time limits for replying and deciding.

The Board must classify warehouses by use and size and group them into grades as set out in the Regulations.

The Board must designate a licensed warehouse site as a warehouse and issue the applicant a warehouse operations licence. The owner must post the required placard, and the inspection report must be made in triplicate and distributed as stated. The Board may change the warehouse grade, but only after notice and other stated conditions are met.

A licensed warehouse operator must carry out a set of specified duties for warehouse operations.

A designated warehouse must provide specified services as part of licensing requirements.

A licensed warehouse operator has several rights connected to liens, charges, sale of commodities, official documents, and claims against the Board.

The depositor is entitled to several rights about warehouse receipts, sale of the commodities, reports, claims for loss or mis-delivery, and return of the commodities within the time stated in the receipts.

A financial institution participating in the warehouse system has several rights about holding pledge certificates, receiving information, recovering loan amounts and interest, claiming from a performance bond account, and joining a sale if loan conditions are not met.

The buyer has several rights about warehouse receipts, checking goods, getting documents, and claiming from a performance bond account in some cases.

A person can be appointed as an inspector under the warehouse receipt system only if the stated qualification conditions are met.

A warehouse inspection licence lets the licensee inspect warehouses and related documents, instruct fixes, advise the Board, and report monthly. If serious problems are discovered during inspection, the inspector must report immediately to the Board.

An inspector appointed or licensed under section 28 has a right to be paid the approved inspection fee set out in the Fourth Schedule.

A licensed warehouse inspector may enter designated warehouses during working hours and inspect relevant records and warehouse handling activities, and may also assess, charge, and collect fees if approved.

People using the warehouse receipt system must use licensed warehouse inspectors, and inspectors contracted by the Board cannot serve other interested persons during that contract.

Warehouse operators must keep and submit charge rules and schedules, notify the Board before changes, display a copy on the premises, and make charges only subject to Board approval and market rates.

A warehouse operator must attach an identification tag to stored goods’ container or packaging when the goods are accepted for storage.

A warehouse operator must store receipt-covered commodities so the identification tag stays visible and accessible, and must arrange the warehouse so inspections and counting packages are possible at any time.

If goods under a warehouse operator’s or collateral manager’s control are deteriorating, they must notify the owner and the Board, and may have to recondition the goods under specified conditions.

A warehouse operator must give 24 hours’ notice to the goods owner when stored goods may deteriorate, harm other goods, or endanger people, and the Board may sell the goods if the owner or depositor does not comply.

If goods are deteriorating and cannot be saved, the warehouse operator or collateral manager must notify the owner or depositor and share the notice with listed persons and the Board.

A warehouse operator must use legally approved chemicals or quality-control methods when preserving goods, and the Board must organize annual stakeholders’ fora.

The Board must hold at least one stakeholders meeting each year about warehouse receipt system development and its performance, and the annual stakeholders’ forum must discuss listed warehouse receipt system matters.

The stakeholders’ forum must include listed stakeholder groups, the Minister chairs the meeting or appoints another chair, and the Board must provide a secretariat.

The stakeholder forum must regulate its own meeting procedures and may amend those procedures when needed. The Board must keep a stakeholders’ directory.

The Board must establish and maintain a stakeholders’ directory and enter relevant particulars for each stakeholder.

The Board must let stakeholders access the stakeholder directory and must update the directory and inform stakeholders from time to time.

A person commits an offence if they refuse to produce warehouse-receipt documents, refuse lawful questions, give false information for a warehouse operation licence, fail to adjust bond/security after a deficiency, or fail to provide required business information.

If a person commits an offence that has no specific penalty in the Act or Regulations, conviction can lead to a fine, imprisonment, or both.

This provision revokes the Warehouse Receipt Regulations, 2006, and says things already done under the revoked regulations are treated as done under these Regulations.

The Board must qualify warehouses according to the stated rules, but the rules are not included here.

Primary warehouses are for individual farmers and related groups, while secondary warehouses are for traders, processors, and exporters. The Board may also set other conditions from time to time.

A licensed warehouse must meet specified critical points before the Board assesses it.

This provision lists qualification items and the points assigned to each item.

There are three warehouse grades: A, B, and C.

Warehouses are assigned Grade A, B, or C based on their score.

A warehouse that fails any critical point and scores below 40 qualification points must be disqualified by the Board.

1. .......................................... 2. ………................................. 3................................

This section is titled “Name of the Chief Executive officer of the Warehouse.”

Section 3 is titled “Location of the warehouse.”

Section 4 is titled “Approved storage capacity at a time.”

Section heading for an approved commodity for storage.

This section is a file reference number heading.

7. Date issued ...........................................Valid until ....................................................

Signature line for the Managing Director and a date.

This licence says the named holder is licensed to carry out warehouse collateral management under the warehouse receipt system.

1. ................................................. 2.........................................3.......................................

2. Name of the Chief Executive Officer of the Warehouse ............................................

This section is titled “Approved storage capacity at a time.”

7. Date issued ............................................. valid until ..................................................

This section is a signature line for the Managing Director and date.

This document licenses the named person or firm to carry out warehouse inspection under the warehouse receipt system.

1. .........................................2...............................................3..........................................

Section title: Names of technical employees.

This section is titled “Area of Specialisation.”

Section 4 is titled “Approved type(s) of inspection.”

This section is labeled “File reference number.”

This section shows placeholders for a date issued and a validity end date.

This section appears to be a form signature block for the Managing Director, with spaces for signature and date.

This section is an application form for a warehouse operator license.

Applicants must attach the required documents and declare that their application information is true when applying for a warehouse license.

This application is valid only if the Board pays the prescribed fee.

The applicant says that, by signing and submitting the application to the Board, they have the financial and logistical capability to do the proposed business if the license is granted.

The speaker agrees to pay the warehouse Inspector’s fee, subject to Board approval.

If the license is suspended, revoked, or expires, the applicant must declare all un-issued Warehouse Receipts to the Board.

This application and any licence arising from it are governed by the Warehouse Receipt Regulations.

This section labels Form No. 2 for warehouse operations compliance and notes that it is made under Regulation 4(g).

This section states that the full business name of the warehouse operator or collateral manager is required.

This section lists warehouse items and site conditions such as weighing equipment, loading/unloading shade, clean surroundings, drainage, and handling equipment.

The text lists required physical and service features for a warehouse, including flooring, roofing, walls, fire safety equipment, utilities, communications, security, doors, fencing, and drainage.

This section lists warehouse grading criteria and point values for features such as rodent control, ventilation, road access, office space, foundation, and storage capacity.

A table band shows 200–999 MT and score ranges of 75–100, 60–74, and 40–59, but no rule is stated.

0.5 100 A B C 100 * = Stop Grading if the item is missing 40< ASSIGNED GRADE REJECT NAME OF THE WAREHOUSE MANAGER DATE SIGNATURE NAME OF INSPECTOR DATE SIGNATURE 51 GN. No. 109 (contd.) Warehouse Receipts

This provision labels Form No. 3 as a Quality Certification Form and says it is made under Regulation 4(g).

This section is a heading for the full business name of the warehouse operator or collateral manager.

This section lists official information fields to be completed, including escort details, location, vehicle details, bag count, weight, and other particulars.

Section heading: Noted Type / Colour of Seeds (%).

This section is titled “Allowable Commercial Shrinkage of the Crop / Seeds.”

This section is titled “Storage Period (Month)” and appears to relate to warehouse receipts.

This section is titled “Type of Admixtures or Foreign Matters.”

This section appears to list crop quality headings and a figure for sisal/jute bag packaging, including infestation, moisture, foreign matter, and other seeds.

The text only shows a percentage figure and repeated words, without enough context to identify a legal rule.

This provision shows a grading table for several crops and lists quality parameters such as maximum foreign matter, broken grains, other seeds, grade, and pest-damaged seeds.

Quality testing procedures must follow Tanzania Bureau of Standard Standards.

This certificate is valid only if it is used in line with the relevant standards established by the Tanzania Bureau of Standards.

A certificate is valid for six months from its issue date, and only if issued by a qualified quality controller.

The Tanzania Bureau of Standards determines some critical parameters listed elsewhere.

Issues arising from this certificate are governed by these Regulations.

This section labels Form No. 4 as the Depositors Registration Forms and says it is made under Regulation 4(g).

Section heading: “Full Business Name of Depositor / Jina Kamili la Kibiashara la Mweka Mali.”

This section is titled “Number of members/farmers.”

This section is a heading for the full name of the authorized signatory.

This section is titled “Storage Quantity Estimates / Kiasi Cha Mazao (Kwa Kilo) Ninachotarajia Kuleta Ghalani.”

This section is a bank information heading asking for banker, branch, and bank account details.

The applicant must confirm the application is true and agree to follow the warehouse laws, regulations, and Board directives as a condition of getting the license.

This provision is a signature section for a depositor to enter their full name, signature, and date.

This section is a signature block for the authorized signatory of a warehouse operator, with spaces for full name, signature, and date.

This is Form No. 5 for warehouse receipts returns, with fields for commodity details and signature blocks for preparation, verification, and authorization.

This provision is a warehouse receipts delivery form for recording returns on commodity deliveries.

This is a form for reporting commodity mis-delivery under the Warehouse Receipt Act.

This form must be completed in three copies.

A claim to the respondent must be submitted to the Board within 30 days after the claim form is issued.

The Respondent must settle the whole claim within 30 days after signing the claim form.

Payments associated with this claim must be paid to the Warehouse Receipt System Performance Bond account.

If the Claimant does not fully pay the actual mis-delivery within 30 days after signing the form, the Board must start further legal procedure to recover the loss.

A warehouse licence applicant must be publicly notified, and any representations or objections must be lodged with the Board within 14 days of publication.

This notice says stored goods may be deteriorating, and the warehouse holder asks for them to be removed or changed in form; with Board permission, the goods may be reconditioned, sold, or disposed of lawfully.

This notice tells the key actor to correct malpractices and says the recipient has violated requirements under the Warehouse Receipt Act and its Regulations.

The Board can issue a notice or requirement, and failure to follow the Board’s requirements results in automatic revocation of the license.

This notice says the recipient may have their license suspended or revoked because of alleged violations.

This notice appears to let the Board suspend someone or revoke a license until the irregularity or malpractice is corrected.

This notice states that a lost warehouse receipt will be treated as null and void seven days after the notice, and others may not accept transactions from it after that time.

This is a template notice for an authorized officer to notify someone that goods or commodities are being withheld and are under the officer’s custody.

The form gives the addressee a set number of days to settle an outstanding claim, and says further action may be taken against the stocks under the Warehouse Receipt Act or related regulations.

The commodity is stated to be fully insured under the named insurance policy.

This section identifies the commodity’s ownership type: solely owned or jointly/commonly owned.

Warehouse Operator/Collateral Manager must maintain the stated quality and quantity, have no financial interest in the commodity except a lien, and may charge a fee as lien.

The holder of a warehouse receipt must pay the warehouse operator the specified fee and must tell the warehouse operator about any mis-delivery or liabilities arising from use of the receipt.

The commodity is stated to be fully insured under an insurance policy.

This section asks for the nature of ownership of the commodity and whether it is solely owned or jointly/commonly owned.

The warehouse operator/collateral manager must keep the commodity’s quality and quantity as stated, has no financial interest in the commodity except a lien, and the lien fee and end date are left blank to be specified.

The holder of a warehouse receipt must pay the warehouse operator the specified fee as a lien and inform the operator about any mis-delivery or liabilities arising from use of the receipt.

The commodity is stated to be fully insured under an insurance policy.

This section is titled “The Nature and facts of Ownerships of the Commodity.”

The Warehouse Operator/Collateral Manager must maintain the stated commodity quality and quantity, keep no financial interest in the commodity except a lien, and the text refers to a fee in Tshs as lien.

The holder of a warehouse receipt must pay the warehouse operator the specified fee as lien and must tell the warehouse operator about any mis-delivery or liabilities arising from use of the receipt.

The schedule lists minimum performance bond amounts for warehouse operators/collateral managers by grade.

The Regional Supervisory Committee must include the listed members, and the Regional Administrative Secretary must appoint the Secretary.

The District Supervisory Committee must include specified members, and the District Executive Director chairs its meetings while the District Agriculture, Irrigation and Cooperative officer serves as secretary.

The Committee may co-opt or engage persons to help on a specific matter when extra specialist knowledge is needed.

The Committee members’ tenure is based on their employment.

The Committee must meet at least once every three months, and also whenever needed.

The Committee has a quorum when three members are present.

The Committee must keep minutes of its meetings, have them read and confirmed at the next meeting, and signed by specified attendees; the Secretary must submit draft minutes to the Chairman, who may circulate a resolution for members’ signature.

Farmers must meet several registration-style requirements, including land evidence, a minimum production level, a district office permit, a physical address, a bank account, tax clearance, and a registration form.

Organizations listed here must meet the stated registration and documentary requirements, including a 50,000 Kgs minimum deposit of the stored commodity.

A local buyer is listed as needing several registration and business documents, plus a minimum buying capacity of 50,000 Kgs of stored commodity.

Section title: Certificate of Registration (Reg. No).

Section heading: Memorandum and Articles of Association or Constitution.

This section is about a district business license for buying centers.

This section sets a minimum capacity of 50,000 Kgs for buying the stored commodity.

This section concerns a board of directors’ or member’s resolution for doing the business.

Section heading for a Tax Payer Identification Certificate (TIN and/or VAT Number).

Section 8 refers to a Tax Payer Identification Certificate (TIN and/or VAT Number).

This form records an agreement to compound an offence under section 78A of the Warehouse Receipts Act and shows the offender being ordered to pay a sum in shillings.