Section 16 in The Control and Management of Ferries Rules, 1968
16.
Auction sale shall be conducted on a date to be fixed by the officer-in-charge of the ferry in consultation with the Government in the Transport Department. Tender shall be invited by the officer-in-charge of the ferry if directed by the State Government in the Transport Department. At least 15 days' notice shall be given to the public before the date fixed for the auction sale and/or for receiving tenders and notice shall be widely circulated.(1)A bid/tender must be accompanied by the following documents failing which it will be treated as invalid :(a)(i)Receipted treasury challan or bank draft of any branch of the State Bank of India or the Assam Co-operative Apex Bank, showing deposit of the earnest money noted against each ferry, pledged to the Executive Engineer, Inland Water Transport Division, Gauhati. Cash or money order receipt will not be accepted in lieu of treasury challan or bank draft, Earnest money deposit made in respect of a previous sale, if any, will not also be considered as valid deposit for the present sale, under the consideration.(ii)No earnest money challan already released or old bank draft will be accepted as earnest money. A tender belonging to Scheduled Caste or Scheduled Tribes or other backward classes recognised by the State Government will be entitled to deposit 50 (fifty) per cent of the amount as earnest money. He must mention in the tender the specific class to which he belongs.The earnest money of the unsuccessful tenderer will be released after issue of final order of settlement of the ferry and that of the successful tenderer will be retained until the lease period is over.(b)The bidder/tenderer shall sign a declaration in the following form :"I agree that I will not withdraw the tender offered by me during the time that will be required for intimation of acceptance of the tender for the ferry being given to me nor will I withdraw it afterwards should my tender be accepted, If I withdraw the tender, then I am liable to pay the whole sum of the tender or such amount on account of deficiency as in the opinion of the authority may be considered necessary to make good the whole of the loss and damages that may be suffered by Government in consequence thereof and I shall pay the same and if I fail to pay it, them it will be recovered from me as an arrear of land revenue.Signature of the Tenderer/Bidder"(c)Up-to-date Income Tax and Sales Tax clearance certificates to be submitted in the prescribed form. When an Income Tax clearance certificate has been submitted by the tenderer in connection with another sale, no fresh certificate will be necessary so long as the certificate submitted is valid but a certified copy of such certificate must be enclosed with the tender under consideration-(d)If the tender is submitted on behalf of a co-operative society or a Firm or a Joint Stock Company then in addition to the requirements of (a) and (b) above, the undermentioned documents should be enclosed :(i)the original or certified copy of the registration certificate of the society, the Firm or Company given by the concerned authorities such as the Registrar of Co-operative Societies, etc.(ii)the copy of the resolution authorising the person who signs the tender, to manage the business of such Society, Firm or Company on its behalf;(iii)certificate regarding authorised, subscribed and paid-up capital of the concern;(iv)the original or certified copy of the partnership deed in case of partnership firm.(e)If the tender is submitted by a person belonging to any of the Scheduled Castes, Scheduled Tribes or other Backward Classes, then in addition to the requirements of (a), (b) and (c) above, certificate in original or a certified copy thereon in support of his claim to belong to such community from the President of the Scheduled Castes, Scheduled Tribes and other Backward Classes, Association or from the Deputy Commissioner or the Additional Deputy Commissioner of the District/Sadar Sub- divisional Officer or the Sub-divisional Officer of the sub-division within whose territorial jurisdiction the tenderer permanently resides should be enclosed.(f)In the case of a new tender, in addition to the above documents a certificate about the financial soundness of the tenderer from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub-divisional Officer/Sub-divisional Officer of the District/Sub-division, as the case may be, or any nationalized Bank should be enclosed.(g)Certificate of experience of ferry business from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub-divisional Officer of the District/Sub-divisional Officer of the Sub-division should be enclosed.(h)Certificate in support of periodic patta land of value not less than the bid/ tender money, in his own name within the District or the sub-division from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub-divisional Officer of the District or Sub-divisional Officer of the Sub- division concerned should be enclosed.(i)Certificate that he can speak regional language from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub-divisional Officer or Sub-divisional Officer concerned should be enclosed.(j)Certificate testifying to his good conduct from the Deputy Commissioner/ Additional Deputy Commissioner/ Sadar Sub- divisional Officer or Sub-divisional Officer of the Sub-division should be enclosed.(k)Certificate that the bidder/tenderer is indigenous of this State having permanent resident or outsider, from the Deputy Commissioner/Additional Deputy Commissioner/Sadar Sub- divisional Officer or Sub-divisional Officer concerned should be enclosed.(l)Land revenue clearance certificate from the concerned Mouzadar should be enclosed.(m)Current loan recovery certificate in respect of loan obtained from a Bank or any financial institution granted under any scheme approved or sponsored by the State or Central Government.(2)The bid list and the result of auction sale shall be submitted to the Director, I W.T., Assam in form in Appendix 'C'. A comparative statement about all the tenderers in the form in Appendix 'C' along with all tenders in original shall also be submitted to the Director by the Executive Engineer, I.W.T. Division with his endorsement. The Director shall submit all these documents in original with his comments and recommendations taking into account the factors mentioned in Rule 16 (i) and Rule 19, to Secretary to the Government of Assam in the Transport Department.
