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Terms and conditions - Kendu Leaves

1) The intending tenderers are advised to inspect the kendu leaf bags in different godowns after contracting the concerned Divisional Manager-CKL and /or Sub-Divisional Manager -KL before submitting the tender. Participation in the Tender sale shall be considered as complete proof of the fact that the tenderer is satisfied with the quality and quality of the stock. (No complaint what so ever-regarding quality, quantity and disposition etc, of the leaves are to be entertained after the sale.)

2) The intending tenderers are required to quote ex-godown rates per qtl.of Phal leaves in whole rupee (exclusive of all taxes, fees & duties etc.) against each lot. However the intending tenderers may also quote ex-godwon flat rate per quintal separately in whole rupee exclusive of all taxes, levies, fees and duties etc.for all the lots of a particular KL forest Range.odisha Forest Development Tax (FDT) will be collected over and above - the - sale price of the KL Lot (s) as per law from the purchase.

3.1) The person representing a registered purchaser shall furnish registered power of attorney, registered deed of partnership and letter of authorization to the CMD, OFDC before taking part in the tender. Participation in the tender will be deemed for all purposes as unreserved acceptance of all terms and conditions of the tender notice by the tenderer

3.2) The supply of Phal Leaves will be in bags weighting about 40Kg. (approximately) each. At the time of taking delivery each bag will be weighted. The weighment list will be signed by the Tenderer or his authorized representative and the official of the odisha Forest Development Corporation Ltd. nominated for the purpose. After weighment, each bag will be stencil marked by the Tenderer.

3.3) The Chairman Cum Managing Director of odisha Forest Development Corporation Ltd reserves the right to reject any or all the tenders with out assigning any reason thereof .he is not bound to accept the highest tender. He shall not be answerable in any court of law or in any forum in any manner for rejection of any tender.

3.4) Sale once finalized in favor of a tenderer cannot be transferred subsequently to any other person.

3.5) The tenderer shall be bound by all forest department rules and regulation in connection with the purchase and transit of Kenduleaves.

3.6) The intending tenderers is required to deposit earnest money (EMD) of Rs 5.000/- (Rupees five thousand only fore ach lot subject o minimum EMD of Rs 25,000/-(Rupees Twenty five thousand only in cash or in shape of Bank Draft drawn on any nationalize bank at Bhubaneswar in favor of the Chairman cum Managing Director of odisha Forest Development Corporation Ltd., along with tender. No tender without the earnest money will be considered valid. Earnest money will not be accepted in shape of cheque.

3.7) In case the tender is accepted, the earnest money will be adjusted towards the security deposit. The earnest money will be refunded to the tender (s) in case tenders are not accepted.

3.8) The tenderer will not be eligible to resend or withdraw his offer between the date of tender and the date of final approval by the Corporation provided that the date of final acceptance does not exceed 45 days after the date of opening of tender. In the event of violation of this provision, EMD will be forfeited.

3.9) The tenderer whose offer is finally accepted shall pay security deposit in shape of Bank Draft drawn in favor of C.M.D, OFDC Ltd. on State Bank of India or any Nationalized Bank payable at Bhubaneswar @ 25% of the purchase price of the stipulated quantiy. The Chairman Cum Managing Director of odisha Forest Development Corporation Ltd.will be at liberty to forfeit the whole or any part of the Security Deposit for non-performance of the conditions of contract or for any default of the tenderer with out aid of any court of law and with out prejudice to any other legal action.

3.10) The Security Deposit / Full sale value of lot less or equal to Rs 5,000.00 (Rupees Fifty thousand) shall be paid with in 15 (Fifteen) days from the date of acceptance of the tender. If the tnderer fails to deposit the same within 15 (fifteen) days as specified above the sale will be liable to be quashed, his registration will be cancelled and the EMD and registration fee deposit will be forfeited to corporation after satisfactory completion of the contract, the security deposit will be refunded to the purchaser after realization of full sale value of the kendu leaf lots (0) sold to him. This may also be adjusted towards the last installment of the purchase price at the discretion of the Director (commercial) / Chairman Cum Managing Director.

NB - Date pf acceptance of tender means date of issue of ratification order

3.11) The successful tenderer shall pay Security Deposit @ 25% of the full purchase price of the lot (s) within fifteen days of issue of ratification order. if the security deposit is not paid in cash 9 in shape of Bank Draft ) at Head Office with 15 days from the date of issue of ratification order, the sale of the lots ( s ) will be cancelled and the registration fee of the purchaser as well as EMD will be forfeited to OFDC.

3.12) After deposit of Security amount, the purchaser shall be required to execute an agreement at Bhubaneswar with odisha Forest Development Corporation Ltd., A/84- Kharvelanagar, Bhubaneswar.A sample copy of the agreement may be seen in the office of the Chairman Cum Managing Director, odisha Forest Development Corporation Ltd. On any working day during office hours.

3.13) The tendrer shall pay the sale value in tow equal installments and lift the lots/quantity proportionately .He shall pay the 1st installment (50 % of the sale value of the lot (s) with in 30 days of acceptance of tender and the 2nd installment (balance sale value of the lot (s)) with in 75 days of the acceptance of tender, failing which the sale will be cancelled, security deposit forfeits to the corporation and lots resold at the risk of the purchaser. In exceptional circumstances and with the express approval of the Director (Commercial) or Chairman cum M.D. the purchase price can be paid within 90 (ninety) days of the date of sale on payment of interest @ 20% per annum for a delay of 15 days (interest is to be charged for each day of delay). Interest at the above rate shall be calculated on the balance amount after deducting the Security Deposit and first installment of 50% sale value paid earlier at the discretion f Director (Commercial) / CMD.

In case the Security Deposit and full sale value are paid in time, the purchaser has to lift the lots ( S) with in 90 ( ninety ) days of the sale. In the event of failure to pay the full sale value and other charges within the stipulated period as indicated above, the sale of lot ( s ) will automatically be treated as cancelled , the Security Deposit will be forfeited and the lot (s ) will be disposed of by the Corporation at the risk of the purchaser and the said 1st purchaser shall be liable to reimburse the Corporation any loss sustained due to such resale.( 1st purchaser shall be liable to reimburse the Corporation and Loss sustained due to such resale.( 1st sale value - ( 2nd Sale Value + SD/SV etc. already realized ).If full sale value is paid but the purchased lots ( s ) is not lifted within 90 days of ratification of sale, the an extra period of 30 days ( i.e. In case the purchased lots is not lifted within the aforesaid extra period of 30 days ( i.e. with in 120 days from the date of ratification ) the purchaser will cease to have any right over the produce, the sale will be treated as cancelled, amount deposited towards Security Deposit /Sale value of the lot ( s ) will be forfeited to the Corporation and the purchased lot ( s ) will be resold as corporation property.

Explanation - The date of sale means the date of issue of ratification order.

3.14) ( a ) When the purchaser is allowed to lift the Kenduleaf lot ( s ) after the period of 90 ( ninety) days from the date of issue of ratification order, he shall have to pay Godwon rent @Rs 5/ ( Rupees five) only per bag per month or fraction of a month.

3.14) (b) In case a purchaser who purchase more than 50,000 Phal KL bags in one tender sale or auction sale and pays full sale value with in the stipulated time of 75 days then he has to pay Godown rent @Rs 1.00 per bag per month or fraction of a month for the period from 91 days to 120 days and Rs 2.00 per bag per month after 120th day.

3.15) A purchaser may at the discretion of the Director (Commercial)/Chairman cum Managing Director upon making an application in this regard and obtaining prior confirmation in writing be allowed to lift the stock against Bank Guarantee( s ) obtained from a Nationalized Bank in the from prescribed by the Corporation for the value of the stock purchased. The Bank Guarantee( s) should contain the name, designation and signing power number of Manager of the issuing Bank below his signature. The said Bank Guarantee( s ) shall be furnished with in 15 ( fifteen )days from the date of sale and lifting against such Bank Guarantee(s) will be allowed to the extent of 95% of the face value of the Bank Guarantee (s).The unpaid purchase price shall be paid within 75 ( seventy five ) days of acceptance of the tender. Only in exceptional circumstances and with express approval of the Director (Commercial)/Chairman cum Managing Director, the purchase price can be paid within 90 days of the date of sale on payment of interest @ 20% per annum for the delay of 15 days (interest is to be charged for each day of delay). Full sale value of the stock allowed to be lifted against bank guarantee (s) shall be deposited by the way of account payee bank draft drawn in favor of odisha Forest Development Corporation Ltd on any nationalized bank at Bhubaneswar/Head Quarters of Divisional Manager - CKL concerned

If the full purchase price is not paid with in 75 days or ninety days, the bank guarantee ( s ) will be invoked to get the payment from the bank and the purchaser will be not allowed to available the facility for lifting of Kendu Leaf stock against Bank Guarantee in future Sales.

4) Sales tax as per odisha Sales Tax Act, 1947, Forest Dev Tax, Other taxes, Levies, Fees and duties etc will be charged over and above the sales price as per Law and will be realized from tenderer. In come tax will be deducted at source as per provisions of section 206 C of the Income tax act except those purchaser to produce the required exemption certificate from the assessing officer of the Income Tax Department .A KL purchaser presiding outside the odisha State who is not a party before the honorable Supreme court in SLP NO 4158/2001 will submit an undertaking in the prescribed format to the effect that he will pay the differential amounts of sales tax (i.e. between OST and CST) Surcharge etc in the event the honorable supreme court of India allows the appeal of the State Govt and holds that odisha Sales Tax with surcharge is payable instead of Central Sales Tax in the SLP No 4158/2001 filed by the state.

5) The director (commercial)/Chairman Cum Managing Director of odisha Forest Development Corporation at his discretion may revive the contract or extend the time for payment of sale value and/ lifting of stock beyond the above prescribed time limit on imposing a penalty not less than Rs 2.00 per bag per month to cover the expenditure incurred for any inconvenience caused to the corporation for any default by the purchaser.

Only in exceptional circumstances and in case of genuine difficulties director (Commercial) chairman cum managing director may at his discretion relax the above sales condition.

6) Only the courts at Bhubaneswar will have the jurisdiction over all litigation that may arise out of the above transactions

7) All outstanding dues concerned the sales will be treated as arrears of land revenue and will be recovered as per the provisions of odisha Public Demand Recovery Act, 1962 as per Govt of odisha Notification No VIC-62/85-75536/R Dated 21/12/85

8) Any letter or communications send to purchaser by registered post or courier will be deemed to have received by him even if returned undelivered.

9) The tender sale of processed KL 2003 crop will be subject to the terms and conditions communicated vide this office memo no 19026 to 19029 all dated 09/07/03 ( as applicable in the tender sale dated 18/07/03 and subsequent tender sales) The tender sale of Phal KL 2003 crop will be subject to the terms and conditions communicated vide this office Memo No 15232 to 15235 all dated 29/05/03 (as applicable in the tender sales dated 10/06/03 and subsequent tender sales)

Forest Development Tax will be applicable for both the processed and Phal KL 2003 crop.