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 Rajasthan - Section

Section 34 in The Rajasthan Minor Mineral Concession Rules, 1986

34. [ Procedure for auction. [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011]

- The following shall be the procedure for holding auction of mining lease [under sub-rule (1) of rule 7] and for royalty collection contract/excess royalty collection contract with or without collection of permit fee/other charges under rule 32 of these rules:-
(i)Notice for auction shall be published by the Superintending Mining Engineer or any other officer authorized by the Director, in one daily newspaper having wide circulation in the State. The notice shall also be published in one newspaper having wide circulation in the locality nearest to the area in question. Such notification shall be published at least 15 days before the date of auction indicating the place, date and time of auction.
Provided that in case date of auction is declared holiday by the Government then the auction shall be conducted on the next working day.
(ii)A copy of such notification for wide publicity shall be displayed on Departmental web site as well as on the notice board of concerned Additional Director (Mines)/Superintending Mining Engineer/Mining Engineer/Assistant Mining Engineer offices. A copy of such notification shall also be sent to the Panchayat Samities or Municipal Boards having jurisdiction over the area in question.
(iii)The terms and conditions as approved by the Director and particulars of the royalty and/or excess royalty collection contract or mining lease shall be affixed on the notice board in the office of Superintending Mining Engineer, Mining Engineer/Assistant Mining Engineer concerned and shall also be read out to the intending bidders at the time of auction and their signatures or thumb impressions shall be obtained in token thereof.
(iv)The terms and conditions of the contract/mining lease shall also be made available to intending tenderers on payment of Rs.10/-.
(v)The intending bidder shall be allowed to participate in the auction on the following conditions:-
(A)The intending bidder for royalty and/or excess royalty collection contract shall submit form No. 1-F and for mining leases form No.1-G appended to these rules, before participating in auction.
(B)The bidder shall submit an attested copy of registration of contractor as provided in Rule 32(4) for royalty collection contract/excess royalty collection contract.
(BB)[ In case of bid for grant of mining lease, bidder shall submit non refundable application fees as prescribed in rule 5 in the form of Treasury Challan or Demand Draft/Banker's Cheque drawn in favour of Assistant Mining Engineer/Mining Engineer concerned.] [Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012]
(C)The bidder shall submit an affidavit stating that no dues of the Department are out standing against the bidder/all partners of the firm/all directors of the company or family members of the bidder/partners/directors, as the case may be along with the form. Such affidavit should not be older than 15 days from the date of its submission.
(D)The bidder shall submit power of attorney in case of partnership firm/association of persons and resolution of board of directors in case of company along with the form 1-F or 1-G as the case may be.
(E)Where the intending bidder fails to enclose all or any one of the documents as per sub clause (B) to (D) above along with form, in such case he/she shall not be allowed to participate in the auction.
(F)The bidder shall deposit the earnest money as mentioned below in the form of Demand Draft or Banker's Cheque drawn in favour of the Assistant Mining Engineer/Mining Engineer concerned or in any other mode as notified by the Government from time to time:
(a) For bid up to Rs. 1 Lac 10,000/-
(b) For bid above Rs.1 Lac & up to Rs.5 Lacs 50,000/-
(c) For bid above Rs. 5 Lacs & up to Rs. 10 Lacs 1,00,000/-
(d) For bid above Rs.10 Lacs 1,00,000/- + one Lac for each additional bid of Rs.10 Lacs orpart thereof.
Provided that no interest shall be paid by the Government on the earnest money deposited as above.
(G)In case the intending bidder does not sign or put thumb impression as per clause (iii) or fails to deposit earnest money as mentioned in subclause (F), shall not be allowed to offer the bid.
(vi)On completion of auction, the presiding officer shall declare the highest bidder as provisionally selected bidder and the earnest money deposited by the bidders other than the provisionally selected bidder shall be refunded immediately.
(vii)The competent authority shall take decision for sanction or rejection of the provisionally selected bid and no bid shall be regarded as accepted unless competent authority issues sanction for the same.
(viii)No bid for mining lease or royalty and/or excess royalty collection contract below reserve price shall be accepted by the presiding officer.
(ix)Misbehaviors by any person during auction may be punished by his removal or if necessary by debarring him for a period up to three years for any future auction/tender under these rules at the discretion of presiding officer.
(x)After provisional selection if any dues of the Department is found outstanding against bidder/partners of the firm/directors of the company or family members of the bidder/partners/directors, in such case his bid shall be rejected/sanction shall be revoked with forfeiture of earnest money/security deposited as the case may be, by the competent authority without further notice and the advance installment deposited, if any, shall be adjusted against such dues.]