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State of Odisha - Section

Section 3 in Rules for Rate Contract with Small Scale Industries of Orissa registered with the Directorate of EP&M, Orissa

3. Definitions.

- In these rules, unless there is anything repugnant in the subject or context -
(a)'Appointed day' means the day following immediately after the expiry of the period of thirty days from day of acceptance or the day of deemed acceptance of any goods by an Indenting Officer from a supplier;
Explanation. - The 'day of acceptance' means the day of actual delivery of goods.
(b)'Contractor' means the Small Scale Industry with whom the contract is made for supply of store(s) at a price determined by the Director and includes his heirs, executors, administrators, or successors and permitted assignees, as the case may be;
(c)'Director' means the Director of Export Promotion and Marketing, Orissa;
(d)'Directorate' means the Directorate of Export Promotion and Marketing, Orissa;
(e)'Inspecting Officer' means the Inspecting Officer of Inspection Wing of the Directorate of Export Promotion and Marketing or any technically sound and qualified person duly authorized by the Director for any specific purpose of inspection;
(f)'Indenting Officer' means the Officer of State Government/ Statutory Corporations/ Statutory Boards/ State Owned Corporations/ Companies/ Universities/ Municipalities/ Notified Area Councils/ Regional Development Authorities/ Co-operative Societies/ Government Agencies and State Aided Institutions placing orders for supply of store(s) with the contractor;
(g)'Offeror' means small scale industrial unit registered with Directorate of Export Promotion & Marketing, participating in the offer called for by the Director;
(h)'Offer Notice' means an invitation to small scale industries to offer their prices of store(s) presented through material analysis and cost analysis and refer to the sale price claimed as per cost analysis report vide Annexure III;
(i)'Period of Contract' means the period for rate contract which shall be normally for a period of one year from the date of notification of such rate contract by the Directorate, extendable by another one year with two six monthly instalments, upon expiry of the previous Rate Contract if the Director feels it necessary, after getting recommendation from the Cost Committee;
(j)'Rate Contract' means submission of offer, offer instruction issued to offers, fixation of the final contract rate, acceptance of rate, general and special conditions specified in the offer notice and in the acceptance of offer and the conditions of contract;
(k)'Rate' means the final price of the store(s) determined by the Directorate on ex-factory basis;
(l)'Store/Rate Contract items' means the goods manufactured by Small Scale Industry which the contractor has agreed to supply under the Rate Contract which can not be tendered by the State Government Department & Agencies under the control of the State Government. In case any Government Department/Agencies invites tender for the R.C. items, the DEPM should have the power to cancel such tenders;
(m)'Test' means such tests as are prescribed or considered necessary by the Director or the Inspecting Officers to be done in the Testing Laboratory of the Directorate as well as such other authorised laboratories in and outside the State of Orissa;
(n)Terms and expressions not herein defined shall have the meanings assigned to them in the Sale of Goods Act, 1930 or the Indian Contract Act, 1872 or the General Clauses Act, 1897, as the case may be;
(o)'Small Scale Industry' means a Small Scale Industry registered as such with any of the District Industries Centers (DIC) of the State under the Directorate of Industries of Govt of Orissa.