Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Odisha - Section

Section 5B in The Orissa Kendu Leaves (Control of Trade) Rules, 1962

5B. [ Disposal of Kendu leaves. [Added by O.G.E. No. 529, dated 21.2.1969.]

(1)Kendu leaves collected by purchaser or otherwise by the Government direct or through their officers or agents, shall ordinarily be sold by entering into a contract in advance for which tenders shall be invited :]Provided that the Government may without inviting tender sell the leaves of one or more units directly to the Orissa Forest Corporation Limited on such terms and conditions as may be decided by Government.
(2)The tender notice shall be published in the Official Gazette and advertised in newspaper and in such other manner as the Government may deem fit inviting sealed tenders from persons or parties desirous of purchasing Kendu leaves from the Government or from its officers or agents on the terms and conditions specified in the aforesaid tender notice.
(3)The tender form shall be available from the office of the Divisional Forest Officer on payment of Rs 25/- (Rupees twenty-five) for each form. The payment shall be made by sending a Crossed Postal Order for the amount marked payable to the Divisional Forest Officer at the post office of the place the head quarters of the Divisional Forest Officer, is located.
(4)Unless otherwise specified there shall be separate tenders for each unit and every tender must be submitted to such authority and, in such manner and on such date has may be specified in the tender notice.
(5)Every tender shall be accompanied by a treasury chalan showing cash deposit under the head "Earnest Money-Revenue Deposit" equal to an amount specified in the tender, notice to be deposited as earnest money in favour of the Divisional Forest Officer.
(6)At the time of opening of the tenders the tenderers shall produce a certificate of solvency for at least one-fourth of the total annual purchase price according to the rate quoted by him, granted by Revenue Officer not below the rank of a Subdivisonal Officer if the tenderer has landed property at a place, wherein the Orissa Public Demands Recovery Act, 1962, is in force or a Bank Guarantee for an equal amount.
(7)Government may accept or reject all or any of the tenders so received for any unit without assigning any reason therefor. The earnest money deposit shall, in case of an unsuccessful tenderer, be refunded to him and in case of an unsuccessful tenderer, it shall, subject to the provisions under Sub-rule (1) be adjusted towards payment of security deposit required by Sub-rule (12) :Provided that in rejecting a tender Government shall take into consideration the following among other grounds-
(1)Inadequacy of price offered
(2)Speculative offers
(3)Past conduct of parties in the trade
(4)Transport facilities at the command of the offerer
(5)Solvency of the offerer
(6)Experience in the trade
(8)If the tenders received for a unit are not considered acceptable the Government may select as purchaser or purchasers for such unit or units any person or party of the persons or parties on such terms and conditions as may be mutually agreed upon and such selection need not be limited to persons who have submitted tenders for such unit or units. All the rules applicable to a successful tenderer shall apply mutatis mutandis to persons or parties selected as purchasers under this sub-rule.
(9)Notwithstanding anything contained in the foregoing provisions Government may sell or otherwise dispose of Kendu leaves collected by purchase or otherwise by Government or by their officers or agents in such manner as Government may deem proper.
(10)Any person or party who is selected as purchaser for the particular unit shall purchase the entire quantity of Kendu leaves procured or likely to be procured from such unit or such lesser quantity out of it as may be offered to him by the Government, their officer or agents in such unit on such terms and condition; as may be specified in the agreement to be executed by such purchaser under Sub-rule (11).
(11)The purchaser shall execute an agreement in Form H, within fifteen days from the date of receipt of an order relating to his selection as purchaser, failing which the said order of selection shall be liable to be cancelled and on such cancellation the amount deposited as earnest money shall be forfeited. On such cancellation Government may dispose of the Kendu leaves of the unit under Sub-rule (9) of this Rule. In addition the purchaser, whose selection as such has been cancelled bear the loss, if any, suffered by Government in the disposal of Kendu leaves of the unit and this loss shall be recoverable from him as arrears of land revenue.
(12)
(a)The purchaser or purchasers selected for a particular unit shall immediately, on or before signing the agreement deposit as security by way of guarantee for proper compliance of the terms and conditions of the agreement and provisions of the Act and these Rules, a sum to be calculated as under-
X - Purchase rate per standard bag accepted by the Government for the unit.Y - Cost of collection per standard bag fixed for the unit.R - Number of standard bags of Kendu leaves mentioned against the unit in the notice for tender under Sub-rule (1).A - Security deposits.
A =| 5Z (X - Y)100
i.e. five per cent of the difference between aforesaid purchase rate per bag and the aforesaid cost of collection per bag, multiplied by the aforesaid number of bags.
(b)The security deposit either wholly or in part, as the case may be, shall be adjusted by the Divisional Forest Officer towards any amount, if any, recoverable from the purchaser under the provisions of the agreement, the Act and these Rules and all such deductions shall have to be made good by the purchaser by deposit of an equivalent amount within fifteen days of the receipt of the notice to that effect.
(c)If the dues to be recovered from the purchaser exceed the amount of security deposit, the amount in excess shall, unless made good within fifteen days from the date of the Divisional Forest Officer's notice to that effect, be recoverable as arrears of land revenue.
(d)The security deposit or the balance shall, as the case may be refunded to the purchaser after the expiry of the agreement.
(13)The purchaser shall take delivery of Kendu leaves from such depots or stores as are intimated by the Divisional Forest Officer in writing from time to time during the currency of the purchaser's agreement.
(14)If the purchaser during the currency of the agreement establishes a bidi factory in order to provide employment to the residents of the State of Orissa and pays minimum excise duty of rupees three thousand per annum on the bidis manufactured by him he shall be entitled to a rebate of two per cent of the annual purchase price paid by him during the corresponding year :Provided that if such purchaser has been appointed as purchaser for more than one unit, the rebate in purchase price will be granted to him only in respect of one unit of his choice for establishment of each such factory :Provided further that the question whether the bidi factory established by him, provide employment or not the residents of the State shall be decided by the Divisional Forest Officer and his decision shall be final.
(15)[* * *] [Deleted by S.R.O. 85/6, 5.2.1972.]
(16)Notwithstanding anything contained in the foregoing provisions the purchaser who selected to purchase the Kendu leaves procured through the additional agent of any unit by the Government, shall on selection as such, execute an agreement in Form J.