(a)In cases in which tenders are to be invited for the grant of licence for a shop sealed tenders for the amount of guarantee for the period of the licence shall be invited by the Excise Commissioner.(b)A tender notice shall be issued by the Excise Commissioner at least 15 days before the date fixed in the notice for the receipt of tenders. The time upto which the tenders shall be received on the fixed date shall be indicated in the notice. The tenders shall be submitted in the form to be obtained from the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] on payment of such fees as may be fixed by the Excise Commissioner. Tenders received after the prescribed time arid date shall not be valid and shall not be taken into consideration.(bb)[ The Excise Commissioner shall specify the minimum amount of guarantee for each shop:] [Inserted by FD/RT/64, dated 12.3.1964, Published in Rajasthan Government Gazette Part IV-C (Extraordinary), dated 12.3.1964, [12-3-64].][Provided that where tenders are invited, or negotiation and auction is made in respect of a ground of shops, the minimum amount of guarantee for such group as a whole may be so specified.] [Inserted by FD/Ex/86, dated 28.2.1986, Published in Rajasthan Government Gazette Part IV-C (Extraordinary), dated 28.2.1986, page 462, [28-2-86].](c)Every tender shall be accompanied by such earnest money as may be indicated [x x x] [Deleted by FD/RT/64, dated 12.3.1964, Published in Rajasthan Government Gazette Part IV-C (Extraordinary), dated 12.3.1964, [12-3-64].] by the Excise Commissioner with the approval of the State Government.(d)Tenders shall be received by the [District Excise Officer] [Substituted by GSR 60, dated 18.9.1969, Published in Rajasthan Government Gazette Part IV-C, dated 16.10.1969, [18-9-69].] concerned who shall send them to the Deputy Excise Commissioner concerned. They shall be opened by the Deputy Excise Commissioner on the date and at the time to be fixed by him in the presence of such tenderers as may care to be present.(e)Every tender shall be initialed by the Deputy Excise Commissioner, and the amount of tender shall also be written on the tender form by the Deputy Excise Commissioner, in his own hand, as soon as the tender is opened.(f)All tenders received shall be recorded in a register in his own hand, as soon as the tender is opened.(g)The Deputy Excise Commissioner, shall be the authority competent to accept or reject any tender. He may accept any tender other than the highest without assigning any reasons therefor. Where the Guarantee amount offered by any tenderer is acceptable to the Deputy Commissioner but such an amount has been offered by more than one tenderer and one of them is existing licensee for the shop under the guarantee system, licence for the shop shall be granted to such existing licensee. If none of the tenderers offering the same amount is such a licensee, a decision shall be taken by the Deputy Excise Commissioner by drawal of lots, in the presence of the tenderers concerned.(h)Notwithstanding anything contained in rule 62, the decision of the Deputy Excise Commissioner accepting any tender shall be final provided that if the tender accepted by the Deputy Excise Commissioner is not the highest tender for a shop or a group of shops, as the case may be, the Deputy Excise Commissioner's decision shall be subject to confirmation by the Excise Commissioner. The Excise Commissioner may either confirm the decision of the Deputy Excise Commissioner or require that the highest tender shall be accepted or that the shop or the group of shops, as the case may be, shall be put to open auction.(i)Acceptance of the tender shall be communicated to the successful tenderer in the form laid down by the Excise Commissioner, and the tenderer shall be required to furnish due security in cash within the time indicated in this communication.(j)If the required security is not furnished within the time indicated, the acceptance of the tender may be revoked by the Deputy Excise Commissioner and the earnest money deposited by the tenderer with the tender shall in the event of such revocation be forfeited to the State.
