- SALE
ON "AS IS WHERE IS BASIS"
- Subject
to condition 1 (ii) below the sale of leaves is on "as is where is
basis". The intending Offerers are advised to inspect personally,
the lots of the godowned tendu leaves for which they intend to submit
offer, and satisfy themselves about the quality of leaves as also
about availability of number of actual bags in each lot. No dispute
regarding quality of leaves or about their fitness for manufacture
of Bidies will be entertained after submission of offer at any stage
nor will the Federation be responsible for any deterioration in quality
after the acceptance of offer of offerer and the leaves shall lie
in storage at the risk of the purchaser.
- The
contract will be for the purchase/sale of quantity of the tendu leaves
notified in the Schedule in standard bags. If however there is an
excess number of standard bags in any lot than that notified in this
offer notice, the purchaser will have to purchase the same also at
the rate sanctioned for the lot after payment of the additional amount.
The additional amount shall be paid by the purchaser before the issue
of last transport permit. The Federation also reserves the right to
correct any arithmetical or clerical error in the quantity notified
and the purchaser will have to abide by the corrected figure.
- The
Federation/District Union reserves the right to give turn-over to
the stocks or to transfer them to any other godown after giving due
notice to the purchaser to remain present during the said operation
if he so desires.
-
PERSONS AUTHORISED TO SUBMIT OFFER ETC
- Person
or persons signing the offer form shall state in what capacity he
or she or they are signing the offer form e.g. as sole proprietor
of the firm concerned or as Managing Director or Director or Secretary
of Limited Company. In the case of partnership firm the names of all
the partners should be recorded and the offer form should be signed
by all the partners or their duly constituted attorney having authority
to bind all partners in all matters pertaining to the contract as
recorded in the power of attorney or in the partnership deed. True
copy of the Registered "Partnership Deed" should be furnished along
with the offer form failing which the offer shall be liable to be
rejected. It shall be obligatory on the part of every partner of the
firm, which enters into agreement to fulfill the terms and conditions
of the agreement during the currency of the contract thereof, notwithstanding
the dissolution of the partnership in the mean time, In the case of
a limited company, the offer form shall be signed by a person empowered
to do so by the company, copy of Memorandum and Articles of Association
of the company and the letter authorizing the person signing the offer
documents shall be attached to the offer form failing which the offer
shall be liable to be rejected. In the case of Hindu undivided family,
the name of the family members should be recorded in the offer form
and 'Karta' who can bind the family, should sign the offer form and
indicate his status below his signature.
- The person
signing the offer form on behalf of another or on behalf of a Firm
shall enclose with the offer form power of attorney or deed duly
executed in his favour or the partnership deed giving him such power
showing that, he has the authority to bind such other person or the
firm, as the case may be in all matters pertaining to the contract.
If the person so signing the offer form fails to enclose the said
power of attorney or partnership deed, his offer shall be liable
for summary rejection. The power of attorney should be signed by all
the partners in the case of partnership concerns, by the proprietor
in case of a proprietary concern and by the person who by his signature
can bind company in the case of limited company. In the case of Hindu
undivided family the power of attorney should be signed by the 'Karta'
who by his signature can bind the family.
- Offers
submitted by such persons who are minors, or insolvent or who have
been blacklisted, shall be treated as invalid.
-
An offerer, who is in
arrear, may pay the outstanding amount by Bank Draft/Demand Draft of any scheduled
Bank along with his offer payable to the Managing Director
of Federation, but if he fails to do so, the offer
submitted by such offerer will be taken into consideration after deducting
the outstanding amount from his Earnest Money Deposit .
- The offerer
must be registered under the Adhiniyam and Niyamavali as manufacturer/exporter
on the date of submission of the offer and if successful he must
obtain registration certificate till the date of expiry of contract
period. Registration Number and date of the registration certificate
of the year in which offer is submitted and name of Forest Division
shall be mentioned at the specified place in the offer form. It is
obligatory to attach the photo copy of the registration certificate
issued by the Divisional Forest Officer along with the offer form.
- The offer
of any person/registered firm/legal company, who indulges in misconduct
or disturbs peace during the opening of the offers at the venue fixed
for the purpose, shall be declared as invalid and the Earnest Money
Deposit enclosed by him with the offer shall be forfeited and any
loss suffered by the Federation on account of declaration of such
offer as invalid shall be recoverable from him and in addition, such
person/registered firm/legal company shall be liable to be blacklisted
by the Conservator of forests for a period which may extend to three
years.
- EARNEST
MONEY DEPOSIT
- Every offer shall be accompanied by
an Earnest Money Deposit of a sum which shall in no case be less than
8% of the purchase price calculated on the basis of the rate offered
for the lot in
the offer form. This Earnest Money Deposit shall be in the form of
only Bank Draft/Demand Draft of any scheduled Bank payable at Bhopal drawn in
favour of Managing Director of M.P. State Minor Forest Produce Co-operative Federation Ltd. Offers
accompanied by earnest money in any other form or earnest money less than
8% of the purchase price calculated on the basis
of the rate offered for the lot in the offer form shall
be liable to be summarily rejected.
-
In case the downloaded offer form is not accompanied by a separate
Bank Draft/Demand Draft of Rs. 100/- as stipulated in the condition 4(i)(a) of the
Offer Notice, the offer will be taken into consideration after deducting this amount
of Rs. 100/- from his Earnest Money Deposit.
- In case
of a successful offerer Earnest Money Deposit shall in the first
instance be adjusted towards payment of security deposit as required
by conditions of offer notice.
- The surplus
amount of earnest money available with the Federation after adjustment
of security deposit as above will at the request of the offerer be
adjustable towards payment of the installment(s) of the lot(s) in
respect of which the offerer is appointed as the purchaser or refunded
to him.
- The Earnest
Money Deposit of unsuccessful Offerers shall be returned to them
after the result is declared.
- No interest
shall be paid in any case on the amount of Earnest Money Deposit.
- MANNER OF FILLING offer
- An offerer can submit only one
offer for the purchase of one lot. If any offerer submits offers for
more than one lot in
a single offer form, then the offer for the first lot shown in
the offer form shall be considered. Offers for all other lot/lots shall not
be considered .
- Offers can be submitted only on the
serially numbered forms received from the Authorized Officers
or on Offer Forms downloaded from the website of the Federation. Offers submitted
otherwise will be treated as invalid. It is necessary
that the Offer Form received from the Authorized Officer bears the seal of
Office issuing it and the signature of the issuing Officer.
- The offerer
shall submit separate offer in his offer form for each lot showing
his order of priority for the purchase of the lots. The offerer shall
offer/submit rate per standard bag exclusive of any tax/cess for purchase
of Tendu leaves for each lot mentioned in his offer form. The offer
must be made showing rate per standard bag and not in lump sum amount.
The rate should be quoted in whole rupees. If it is quoted in fraction
of a rupee it will be rounded off to the nearest rupee on the higher
side by the Federation and the offerer shall have to abide by it.
If there is difference in the rate quoted in figures and words, then
the higher of the two will be deemed to be the offer of the offerer.
Offerer shall offer purchase rate
for a lot in hos offer form in such a way that the total
purchase price of the lot calculated on the basis of such a purchase
rate does not exceed 12.5 times the amount of Earnest Money Deposit
enclosed alongwith the Offer Form. If the purchase price calculated on
the basis of the rate offered for the lot in the offer form is more
than 12.5 times the amount of Earnest Money Deposit enclosed alongwith the Offer
Form or the Earnest Money Amount calculated according to instruction 2(iv) above,
then such an offer will not be considered.
If in the
offer submitted by an offerer, the offer for any lot is not clear that
is for which specific lot or for what amount it is or there is a
mistake regarding identity of the lot or if there is discrepancy in
word and figure regarding the number of lot then offer of such a
lot will not be considered.
Offerer
shall have to mention his correct and complete postal address in his
offer form at the place prescribed for this purpose. Communication
sent to him by Registered Post on this address will be presumed to
have been received by him. Responsibility for receiving all communications
addressed to him will be that of the offerer. If the address mentioned
by the offer is found to be incorrect he will be liable to be blacklisted.
If the
offerer makes any correction in the offer by cutting or overwriting,
then details of such correction should be given in para 8 of the offer
form and the corrected entry shall be signed by the offerer. Any
other entry, corrected by cutting or overwriting not mentioned in
para 8 of the offer form or not found signed by the offerer after
correction will be treated as invalid and will not be considered.
The offerer
should fill up and sign every page of the offer Form, and enclose
all necessary documents and offerer's Agreement as duly executed
with it and submit it as shown in clause 5 of offer Notice. On failure
to enclose offerer's Agreement duly executed along with the offer
form and other documents, offer shall be liable to not being considered.
WITHDRAWAL
OF OFFERS ETC.
-
A offerer may withdraw his
offer for any lot before commencement of the opening of offers by
submitting an application for withdrawal of offer to the committee constituted for opening
of offers under clause 6 of the offer notice.
-
An offerer, shall not withdraw his offer after commencement of
opening of offers and shall be bound by his offer and by the terms
and conditions of the offer notice including those contained herein
till issue of communication of the acceptance or rejection of his
offer by the Federation. In case of breach of this condition, 8% amount
of purchase price of the concerned lot(s) arrived at by multiplying
the rate quoted by him by the quantity of the lot in standard bags
shall be forfeited from the total amount of Earnest Money deposited
by him and he may also be blacklisted for a period which may extend
to three years.
ACCEPTANCE OF OFFERS
- The Government/Federation
reserves the right to accept or reject offer(s) of all or any of the
lots mentioned in the offer form without assigning any reason
- The Government/Federation
also reserves the right to fix different cut off levels/upset prices
for different lots or class of lots or lots of different areas in
deciding allotment of lots to different Offerers.
-
If for a particular lot same rate
is offered by more than one offerer, the allotment of lot shall be
done on basis of 'First Come First Served' i.e. the offer of the
offerer who has submitted his offer first will be considered first .
-
The offerer will be bound to accept lot/lots for
which his offer is accepted.
** For detailed
valid conditions the offer notice may please be referred to.
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