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State of Haryana - Section

Section 30 in The Punjab Minor Mineral Concession Rules, 1964

30. Period of contract.

(1)Each contract will ordinarily be auctioned for a period of three years unless the period is specifically stated. The successful bidder will be informed of the auction in his favour.
(2)The auction shall be notified -
(i)on the notice board of Directors, Mining Officers and at least in one newspaper having wide circulation in the locality nearest to the area in question, in the regional language;
(ii)in the [Haryana] Government Gazette by publishing the auction notice [at least ten days] [Substituted by Haryana Government Notification No. GSR45/C.A.67/1957/S.15/(1) Amd/74 dated 24.4.1974.] before the date of auction and it shall mention the terms and conditions of the auction of the contract. A copy of the auction notice shall be sent to the local authority having jurisdiction over the area in question for giving wide publicity in the area;
(iii)the terms and conditions and description of the contract shall be read out to the intending bidders at the time of auction. The intending bidders shall deposit such earnest money as may be fixed by the Director. In each case such amount shall be notified in the Government Gazette;
[(iii-A) No person shall be entitled to participate in an auction unless he produces a certificate from General Manager, District Industries Centre or Mining Officer of the District in which the quarry is situated or furnishes an affidavit sworn before any Magistrate to the effect that no amount of contract money, royalty, dead rent or surface rent in respect of any mining lease or mineral concession held by him, or in respect of any recovery certificate issued by the Director of Industries in terms of rule 53, is outstanding against him : [Added by Haryana GSR.125/CA 69/57/S. 15/80, dated 3.12.1980.]Provided that where any injunction has been issued by a court of law or any other competent authority staying the recovery of any such amount the non-payment thereof shall not be treated as a disqualification for purposes of participation in an auction] [Substituted by Haryana Government Notification No. G.S.R.15/CA65/57/S.15/79 dated 15.2.1979.].
(iv)no bid shall be regarded as accepted unless confirmed by Government. On completion of the auction the result will be announced and provisionally selected bidder shall immediately deposit 25 per cent amount of bid for one year [as security and shall offer one surety solvent in the sum of his bid for the whole contract for due observance of the terms and conditions of the contract. He shall also deposit immediately the following amounts as advance contract money [Substituted by Haryana Government Notification GSR 122/CA67/51/S. 15/Amd(1), dated 1.7.1977.] :-
Where the bid amount for one year -
(a) does not exceed rupees one thousand Whole of such amount
(b) exceeds rupees one thousand but does not exceed rupees fivelakh Twenty five percent of such amount.
(c) exceeds rupees five lakh 1/12th of such amount;
[Provided that under special circumstances Director may fix the amount to be deposited at the time of auction as security and advance contract money subject to the condition that total amount to be deposited at the time of auction shall not exceed 50% of the annual bid amount in the auction.] [Inserted by Haryana Government Gazetted Notification No. S.O. 54/C.A. 67/1957/S. 15/2000, dated 24th March, 2000.][Provided further that when Director/Additional, Joint Director of Industries/[State Mining Engineer] [Added by Haryana Government Notification No. GSR 49/CA 67/57/S. 15, dated 28.4.1980.] [State Geologist] [Added by Haryana Government Notification No. SO104/C.A.67/57/S.15/96 dated 23.7.1996.] acts as Presiding Officer, he may subject to the direction of the Government as may be issued to him from time to time accept the bid.][Provided further that in case the surety offered by the contractor during the subsistence of the contract is not found solvent, the contractor shall offer another solvent surety and a supplementary deed to this effect will be executed.] [Added by Haryana Government Noticication No. S.O.95/C.A. 67/57/S.15/93 dated 12.11.1993.]
(v)the earnest money shall be refunded immediately at the completion of the auction to all excepting the person whose bid is provisionally accepted. The earnest moneys hall be adjusted against the security under clause (iv);
[Provided that if the highest bidder whose bid is provisionally accepted withdraws his bid, the amount of earnest money deposited by him shall stand forfeited.] [Added by Haryana Government Gazetted Notification No. G.S.R. 63/C.A. 67/1957/S. 15/97, dated 31st July, 1997.]
(vi)misbehaviour by bidder during auction can be punished by forfeiting his earnest money or removal or if necessary, by debarring him for a period of three years from any future auction under these rules, at the discretion of the Presiding Officer.