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State of Chattisgarh - Section

Section 11 in Chhattisgarh Vishesh Kshetra (Achal Sampatti ka Vyayan) Niyam, 2008

11.

(1)Where the property is proposed to be transferred by inviting tender, the tender shall be invited by the Chief Executive Officer or the officer authorized by him by a general or special order.
(2)For the tenders, the conditions shall be decided by Authority on the basis of technical-economical feasibility of the project, by general or special sanction, in respect of every property.
(3)If so provided in the condition of tender, the Chief Executive officer by recording reasons in writing on the basis of merits and demerits, may extend the period for payment of balance amount of premium of lease together with the interest as decided by the Authority by general or special order, but such extension in any case shall not be more than Twelve months.
(4)Where the payment of premium is accepted in installments as provided in the sub rule (3), the property shall be mortgaged with the Authority by the lessee.
(5)Tender, in addition to any other conditions which the Authority may deem fit, shall be subject to the conditions mentioned hereunder -
(i)Such Amount of security which shall not be less than Ten percent of the reserved premium, as may be, decided by the Authority, shall essentially be deposited by every person participating in the tender, in cash or by bank draft, within date and time fixed otherwise he will not be eligible to participle in the tender.
(ii)Tender shall be opened by the officer authorized by the Chief Executive Officer by general or special order and shall be opened in the presence of tenderers or their Authorized agents who wish to remain present.
(iii)Tenders which shall be essentially sealed, after opening of them and after retaining the amount of security of the two highest tenderers, the amount of security of other tenderers shall be refunded.
(iv)The competent Authority shall not be bound to accept the highest tender or any other tender.
(v)If any tender is not found suitable, all the tenders shall be rejected and fresh tenders shall be invited, provided that instead of inviting fresh tender, the Chief Executive officer with the prior approval of the Authority, may call the highest tenderer or all the tenderers for negotiation on the place, date and time fixed therefor, after written intimation. Sealed proposals may be obtained after negotiation and shall be opened in the presence of the participants who wish to remain present:
Provided that the negotiation shall be called with an objective to derive common conditions and/or for enhancement of highest tender rate only.
(vi)After acceptance of the tender by the competent Authority, the successful tenderer shall deposit the balance amount of tender in the office of the Authority within Thirty days of written intimation. If such amount is not deposited within the stipulated time the amount of security shall be forfeited and the tender will be rejected :
Provided that if in the conditions of tender provision for payment in installment is made and agreement is executed in this regard, the premium amount shall be payable in accordance with such agreement.
(vii)On acceptance of the tender and after deposit of full amount of the premium and after registration of the lease deed, the property shall be transferred :
Provided that if in the notice inviting tenders there is a condition for execution of lease deed and its registration on part payment of the premium, then subject to such conditions the lease deed may be executed and registered, and the property may be transferred.
(viii)If the tender for lease of any property is not accepted the amount of security shall be refunded but no interest on it shall be payable.
(ix)Annual ground rent of two percent of sanctioned premium shall be payable on the property transferred by tender and shall be deposited in advance by the lessee on the first date of April every year.