Section 14 in Andhra Pradesh Excise (Lease of right of selling by shop and conditions of licenses) Rules, 2005
14. Submission and Finalization of tenders.
(1). The tenders shall be submitted by the tenderer in a sealed envelope addressed to the auctioning authority on or before the last date and time notified for receipt of tender along with the following particulars.(i)Name of the tenderer and his father's name and renderer's address.(ii)S.L. No. in the Gazette, name of the area/locality of the shop for which he has offered his tender.(iii)Least amount offered for the lease period in figures as well as in words.(iv)Challans [or Demand Draft obtained from a Scheduled Bank drawn in favour of the Commissioner of Prohibition and Excise or the Auctioning Authority] [Added vide G.O.MS.NO. 453 Rev.)Ex-II) Deptt dated 15.5.2010.] [***]. [Omitted 'or rupees five thousand only being non refundable participation fee' as per G.O.Ms No.598, Rev. (Ex II) 26-05-2006).]Provided that the non refundable application fee which was remitted by the applicant in response to the notifications issued in furtherance of the per G.O.Ms No.184, Rev. (Ex II) 07-02-2005), will be adjusted towards the participation fee, if such applicant filed tender in the auctions for the lease year 2005-06.(2)The close envelope contain the tender shall be super scribed with the words " Tender for the lease of right for the [lease period 200- 200-] [Substituted 'Year 2005-06' as per G.O.Ms.No.598, Rev(Ex-II), dated 26.5.2006.] to sell Indian Made Foreign Liquor and Foreign liquor by shop at ----------- S.No. Of the Gazette, Name of the locality/area). The tenderer may obtain acknowledgment for the envelope presented.(3)Every tender shall be taken in to consideration if it is presented on or before the prescribed date and time and no tender shall be received after the presenting date and time notified by the auctioning authority.(4)The auctioning authority may if he so desires first announce at the commencement of the auction, the names of persons and the number of persons who had sent tenders for a particular shop.(5)The tenderer at the time of auction shall be required to furnish as earnest money a sum equal to [5%] [Substituted '10%' as per G.O.Ms.No.598, Rev(Ex-II), dated 26.5.2006.] of the upset price fixed and notified by the auctioning authority for each shop notified for auction, in the form of Demand Draft(s) obtained from a scheduled bank in favour of auctioning authority or in favour of Commissioner of Proh & Excise, before opening the tender. If, the tenderer does not furnish earnest money such tender shall be forthwith rejected by the auctioning authority before opening the sealed tenders offered for that shop.(6)The auctioning authority shall open the sealed tenders for each shop [the rest of the tenders shall be rejected] [Added as per G.O.Ms.No.598, Rev(Ex-II), dated 26.5.2006.] notified for auction. The highest tender may accepted with lease amount offered, is higher than the upset price notified and the rest tenders shall be rejected.Provided that when on the opening of the sealed tenders it is found that two or more tenderer have quoted the same highest amount, the successful auction purchaser among such tenders shall be selected by drawl of lots.Provided that with the highest tender is less than the upset price notified, the auctioning authority may provide an opportunity to the highest tenderer to increase his offer to an amount higher than the offer and accept the offer. If the highest tenderer is not willing to increase his offer, to an amount higher than the upset price, the second highest tenderer may be given a similar opportunity. If both the tenderer are not willing to increase the offer, to an amount higher than the upset price, all the tenders in respect of that shop shall be rejected and shall be put to re-auction.Provided that in the case of a person whose tender for a shop is not accepted, the earnest money deposited by him in respect of such tenders shall, if he so desires, be treated as earnest money for other shop at the same auction.Provided further, that if the auctioning authority considers that the auction should be postponed for a future time and date for any reason he may do so without opening the tenders.Provided also that it shall be open to the auctioning authority to refuse to knock down the auction in favour of the highest tenderer if such authority is satisfied after a perusal of the affidavit or on the basis of any other information that such tenderer cannot reasonably expected to discharge his or her liabilities in terms of the lease.[Provided also that where the highest tender is not accepted the auctioning authority shall record the reasons thereof.] [Substituted as per G.O.Ms.No.598, Rev(Ex-II), dated 26.5.2006.](7)The auctioning authority, may by order reject any tender on the ground that the tender is of benami in nature or that there is collusion among the tenderer who participated in the auction for the lease of any shop.(8)After rejecting, the highest tender, the auctioning authority may either accept the next highest tender if it is higher than the upset price or dispose off the shop afresh at any subsequent notified auction as the case may be.(9)No person shall be entitled to obtain the lease of more than one shop. In the event of a person being successful auction purchaser of a shop, all the other tenders filed by him in respect of any other shop/shops shall automatically become invalid.
