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State of Haryana - Section

Section 55 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

55. Payments of the bid amount.

(1)No bid shall be regarded as 'successful' unless accepted by the Government;
(2)The highest bidder shall be required to deposit an amount equal to 25% of the annual dead rent/ contract money as the 'Security' along with an additional amount equal to one month's dead rent/ contract money in advance;
(3)The process for completion of the various stages of payment as specified under sub-rule (2) above shall be as follows:
(i)On completion of the bid process i.e. the fall of the hammer or the opening of the sealed bids, as the case may be, the highest bidder shall deposit an amount equal to 10% of the annual bid amount as 'Initial Bid Security'.
(ii)The amount deposited towards the 'initial bid security' would be adjusted as part of the Bid Security on acceptance of the bid by the Government and the Department will issue a Letter of Intent (LoI) in favour of the successful bidder;
(iii)[ The letter of intent holder/contractor/ lessee shall deposit the balance amount of Bid Security i.e. equal to fifteen percent of the annual bid amount before the commencement of mining operations or before expiry of period allowed, which shall ordinarily not be more than twelve months, from the date of issuance of letter of intent, whichever is earlier: [Substituted by Haryana Notification No.S.O. 85/C.A. 67/1957/S. 15 and 23C/2018, dated 22.11.2018 (w.e.f. 20.6.2012).]
Provided that where the letter of intent holder/contractor/lessee having taken all steps on his part, fails to obtain required environmental clearance and consent to operate for undertaking mining operations within the maximum period allowed as per above, such letter of intent holder/contractor/lessee on a specific application submitted to the Director, at least thirty days prior to the end of the period mentioned above, giving details of the action already taken may seek additional time up to another twelve months, over and above the time already allowed for commencement of the period of contract/lease, on payment of a non-refundable fee as per the following:-
1 Extension of further periodupto six months On payment of a non-refundable fee at the rateof one percent per month of the annual bid for each month ofrequested extension period
2 Extension for a second periodof upto six months On payment of a non-refundable fee at the rateof two percent per month of the annual bid for each month ofrequested extension period
Note.- Extension shall be allowed only in month (s) and any request for period less/part of the month shall be summarily rejected.The letter of intent holder/contractor/lessee shall apply for seeking extension of time after initially allowed period, to the Director, atleast thirty days in advance along with advance amount of the fee for such requested period of extension;]
(iv)The amount of security already deposited towards the initial bid security shall be duly adjusted to make up the twenty five percent of the bid amount towards the bid Security;
(v)[ Wherever a letter of intent holder fails to deposit the balance fifteen percent amount towards security as prescribed under sub-rule (3)(iii) above, and/or fails to execute the agreement after the issue of letter of intent, the same shall be deemed to have been revoked and the ten percent amount deposited by him towards „initial bid security? shall stand forfeited; [Substituted by Haryana Notification No.S.O. 85/C.A. 67/1957/S. 15 and 23C/2018, dated 22.11.2018 (w.e.f. 20.6.2012).]
(vi)Where the letter of intent holder/contractor/lessee fails to deposit the un-paid fifteen percent amount on demand and the letter of intent/contract/lease has been revoked as per clause (v) above, such bidder shall be debarred from participation in any subsequent bids for a period of five years.
Note.- In case of default by a company, the said company and all of its Promoter/s and Director/s, in case of Partnership Firm along with such firm all of its partners shall be debarred from participation whether individually or as partner/proprietor/director in a company in bids for a period of five years;]
(vii)No interest, whatsoever, shall be payable on the security amount deposited under proper security head of the Government;
(viii)On enhancement of the dead rent/ contract money with expiry of every three years period, the lessee/ contractor shall deposit the balance amount of security so as to upscale the security amount equal to 25% of the revised annual dead rent/ contract money as applicable for one year with respect to the next block of three years.
Chapter - 8 General conditions for grant of any mineral concession