Section 26 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
26. Procedure for grant of contract by auction.
(1)The intending bidder shall deposit such earnest money as specified in clause (iii) of rule 25.(2)No bid shall be regarded as accepted unless confirmed by the Competent Authority. On completion of the auction the result will be announced and provisionally selected bidder shall immediately deposit 25 percent amount of highest bid as security for due observance of the terms and conditions of the contract.(3)The earnest money shall be refunded immediately at the completion of the auction to all excepting the person whose bid is provisionally accepted and his earnest money will be adjusted against the security under sub-rule (2).(4)Mis-behaviour by any bidder during auction may lead to forfeiture of his earnest money or his removal from the auction process or if necessary, by debarring him for a period of three years from any future auction under these rules by the Presiding Officer.(5)If the provisionally selected bidder fails to deposit security money as required under sub-rule (2), the earnest money deposited under sub-rule (1) of this rule shall be forfeited to the Government.(6)The successful bidder shall be issued a "Letter of Intent" by the Competent Authority with the condition that, he shall procure environment clearance, approved mining plan and forest clearance (if required) from the Competent Authority and also complete the requisite formalities required under law before the bid is finally accepted within two years from the date of issue of Letter of Intent:Provided that if the Director is satisfied that the holder of Letter of Intent is not responsible for the delay in procuring the various clearances, he shall extend the period for further one year. In case the holder of Letter of Intent fails to procure the requisite clearances even in the extended period, the Letter of Intent shall be withdrawn and security amount under sub-rule(2) of this rule shall be forfeited to the Government and the area shall be put to re-auction.(7)After completion of the conditions, stipulated in the "Letter of Intent" by the successful contractor/proponent, the final acceptance order shall be issued by the Competent Authority for execution of agreement deed and payment of 25% of annual bid as contract money as determined under sub-rule(2) of rule 23.(8)The agreement deed in Form-`K' shall be executed between successful Contractor and the Competent Authority within 60 days from the date of communication of final acceptance of the bid to the successful Contractor and if no such contract is executed during this period, the order accepting the bid shall be deemed to have been revoked and the security amount paid under sub-rule (2) shall be forfeited to the Government:Provided that where the Competent Authority is satisfied that the bidder is not responsible for the delay in the execution of the contract, the Competent Authority may permit the execution of the contract, within a reasonable time after the expiry of the aforesaid period of 60 days.(9)After the expiry of the term of the contract, where the Government or authorized officer is satisfied that the Contractor has fulfilled all the terms of the agreement, the amount of the security shall be refunded to the Contractor.
