Section 35 in The Rajasthan Minor Mineral Concession Rules, 1986
35. [ Procedure for Tender. [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011]
- The following shall be the procedure for inviting the tenders for 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 or other charges under rule 32 of these rules:-(i)Notice for inviting tenders shall be published by the Superintending Mining Engineer or any other officer authorized by the Director, in one daily news paper 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 on which tenders are to be received indicating the place/places, date and time.Provided that where no tender is received or received below reserve price, the tender shall be invited afresh and notification in such cases shall be published at least seven days before the date on which tenders are to be received as mentioned above.Provided further that in case date of receiving tender is a holiday, declared by Government, then the tender shall be received 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 mining lease or royalty and/or excess royalty collection contract shall be affixed on the notice board in the office of concerned Superintending Mining Engineer and Mining Engineer/Assistant Mining Engineer and shall also be made available to intending tenderers on payment of Rs.10/-.(iv)Tender for royalty and/or excess royalty collection contract shall be submitted in form No. 1-H and for mining lease in form No. 1-I appended to these rules in sealed cover super scribed with relevant details of the royalty and/or excess royalty collection contract or the mining lease, as the case may be.(v)Tenders dropped in tender box kept at the notified place/places, date and time shall only be considered for provisional selection by tender opening committee and for award of contract by competent authority.(vi)Every tender shall be accompanied by:(a)earnest money equal to 10% of yearly tender amount 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.Provided that no interest shall be paid by the Government on the earnest money deposited as above.(aa)[ a 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 in case of tender for grant of mining lease.] [Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012](b)an attested copy of registration of contractor as provided in sub-rule (4) of rule 32 for royalty collection contract/excess royalty collection contract.(c)an affidavit stating that no dues of the Department are outstanding against the tenderer/all partners of the firm/all members of association of persons/all directors of the company or family members of the tenderer/partners/members of association of persons/directors, as the case may be. Such affidavit should not be older than 15 days from the date of its submission.(d)power of attorney in case the tenderer is a partnership firm/association of persons and resolution of board of Directors in case of company as the case may be.[(d-i) In case of mining lease, an affidavit stating that the tenderer has not committed any offence of illegal mining and illegal mineral dispatch in last five years. [Inserted by Rajasthan Gazette Extraordinary dated 02/11/2012](d-ii) A copy of PAN Card.(d-iii) A copy of address proof.](e)in case tenderer fails to enclose all or any one of the documents as per sub clause [(a), (aa) and (b)] [Substituted by Rajasthan Gazette Extraordinary dated 01/01/2013] above alongwith tender form, his tender shall be treated as invalid and shall not be considered by the tender opening committee.(f)tender document shall be signed by proprietor in case of individual tenderer, all the partners of the firm/all the members of association of persons or power of attorney holder of all the partners of the firm/all the members of association of persons in case of firm/association of persons and authorized person of the company by the resolution in case of company as the case may be. Tender document signed by a person other than mentioned above shall be treated as invalid and shall not be considered by tender opening committee.(vii)Annual tender amount shall be written clearly in figures and words separately and in case of any discrepancy, amount written in words shall be considered only.(viii)The tenders shall be opened in the presence of tenderers who are present at the notified place, date and time.(ix)The tender opening committee shall select the highest valid tenderer as provisionally selected tenderer and presiding officer shall declare the same.(x)The earnest money, deposited by the tenderers other than the provisionally selected tenderer shall be refunded immediately after the declaration of the provisionally selected tenderer [:] [Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012][Provided that in the interest of government revenue, if the tender opening committee find any technical deficiency [other than sub-clause (a), (aa) and (b)] [Added by Rajasthan Gazette Extraordinary dated 02/11/2012] of clause (vi) in the tender form or enclosures, the earnest money of the provisionally selected tenderer shall be forfeited, if he fails to submit deficiencies pointed out by the committee within three working days from the date of opening of the tender.](xi)No tender for mining lease or royalty/excess royalty collection contract below reserve price shall be selected by tender opening committee or accepted by the competent authority.(xii)The competent authority shall take decision for sanction or rejection, of the provisionally selected tender and no tender shall be regarded as accepted unless competent authority issues sanction for the same.(xiii)Misbehavior by any person during the course of offering tender can be punished by rejection of his tender or, if necessary by debarring him for a period of three years from the date of offering tender in future under these rules.(xiv)Notwithstanding anything given above, the Director, Mines and Geology can invite tenders in two separate envelopes i.e. Technical and Financial. In such a case the financial bids shall be opened only in case of those bidders who are technically suitable.]
