View
232
Download
8
Category
Preview:
Citation preview
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Government of Karnataka
Simplified Procedure (Draft) for grant of Quarrying Lease (QL) for
Ordinary Building Stone for reserve category as per the Rule 3-F of
the Karnataka Minor Mineral Concession Rules, 1994
(KMMCR)
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Contents
1. Eligibility criteria for Bidders ....................................................................................................... 3
1.1 General eligibility criteria ................................................................................................................. 3
1.2 Financial eligibility criteria ............................................................................................................... 3
2. Pre-bid conference ..................................................................................................................... 4
3. Tender process .......................................................................................................................... 5
4. Payments by the Bidders along with the Technical Bid ............................................................. 5
4.1 Tender fees (non-refundable) ......................................................................................................... 5
4.2 EMD/Bid Security ............................................................................................................................ 6
5. Timetable ................................................................................................................................... 6
6. Declaration of successful bidder and grant of Quarrying Lease ................................................ 7
6.1 Issuance of provisional acceptance letter ....................................................................................... 7
6.2 Security deposit by successful bidder ............................................................................................. 7
6.3 Letter of intent ................................................................................................................................. 7
6.4 Grant of notification ......................................................................................................................... 7
6.5 Performance Guarantee ................................................................................................................. 8
6.6 Execution of lease deed .................................................................................................................. 8
7. Payments by the successful bidder/ lease holder ...................................................................... 8
7.1 Payment of royalty or dead rent (whichever is more) ..................................................................... 8
7.2 Payment of Additional Periodic Payment ........................................................................................ 8
7.3 For the new mineral discovered ...................................................................................................... 9
7.4 District Mineral Foundation ............................................................................................................. 9
7.5 Payments regarding Minimum Assured Production........................................................................ 9
7.6 Financial assurance ........................................................................................................................ 9
8. Period of Quarrying Lease ......................................................................................................... 9
9. Utilization of mineral ................................................................................................................. 10
10. Transfer and surrender of lease ............................................................................................... 10
11. Arbitration: ................................................................................................................................ 10
12. Powers of Competent Authority ............................................................................................... 10
13. Annexures ................................................................................................................................ 11
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
1. Eligibility criteria for Bidders
1.1 General eligibility criteria
1.1.1 Bidder has to fulfil the following eligibility conditions:
a) Bidder should be an Indian citizen;
b) Bidder should not be a minor or an undischarged insolvent or is of unsound mind;
c) Bidder should not be holding an office of profit under the State Government or Central
Government;
d) Bidder should have paid the arrears of royalty or dead rent in respect of lease(s) held by him;
e) Bidder should not have been convicted of any offence involving moral turpitude or illegal
mining;
f) Bidder should belong to the category for whom the block is so reserved.
Notes:
1) Bidder is not eligible to participate in the tender process if any of the conditions from a) to f) is
not satisfied.
2) Maximum area which a bidder/ society can hold is as per Rule 15 of the KMMCR Rules.
3) The tehsildar of the concerned taluk in which the persons reside or where the registered
society of such persons is located shall be competent to certify with regard to eligibility of
persons or registered society of such persons.
4) In case a bidder or member of his family or if the concerned registered society is holding any
quarrying lease in any district in the State of Karnataka, he will not be eligible to participate.
1.2 Financial eligibility criteria
1.2.1 Minimum Networth requirement for bidder shall be:
Mineral Type Category Eligibility (minimum Net worth requirement) in Rs
Ordinary Building Stone
Persons belonging to SC/ST or registered society of such persons
Rs 50,000
Persons belonging to economically weaker section who is quarry operator by tradition and whose livelihood is depending on quarrying of ordinary building stone or registered of such persons
Rs 50,000
Persons with disabilities (Physical Challenged) Rs 50,000
Others Rs 1,00,000
Notes:
1) Bidder should have a valid PAN and/or TAN No.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
2) Financial eligibility (net worth requirement) to be certified by the registered Charted
Accountant (CA) in the format as provided in Annexure G
Networth Calculation:
a) In case of a company or firm, the Net worth shall be the sum of paid up share capital and the
free reserves as per the Audited/Provisional Balance Sheet of the immediately preceding
financial year.
b) In case of an individual, the Net worth shall be the closing cash balance on the last date for
submission of application, and such amount may include amount in Savings Bank accounts in
Scheduled Bank/ Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks,
Post Office, Listed Companies/Government Organization/Public Sector Undertaking of State
and Central Government, Kisan Vikas Patra, National Saving certificate, Bonds, Shares of
Listed Companies, Listed Mutual Funds, Unit Linked Insurance Plan, Public Provident Fund,
Surrender Value of Life Insurance policies in the name of Applicant.
2. Pre-bid conference
a) Bidders may seek clarifications or request further information regarding this Tender
Document.
b) Any queries or requests for additional information concerning this Tender Document may be
sent by hard copy or may be sent by e-mail to the Competent Authority to
XXXXXXXXXXXXXXX.
c) The letter/email should clearly bear the following subject line: “Queries/Request for Additional
Information: Tender Document for [name of the Concession Area]”.
d) The queries should be sent/emailed on or before the date specified in Time Table for
receiving queries.
e) The Competent Authority shall endeavor to respond to the queries within the period specified.
However, the Competent Authority reserves the right to not respond to any question or
provide any clarification, in its sole discretion, and nothing in this Tender Document shall be
taken or read as compelling or requiring the Competent Authority to respond to any question
or to provide any clarification.
f) The Competent Authority shall publish the queries for which response has been provided on a
website/notice board of local/district office, without identifying the source of queries.
g) Pre-bid conference(s) of the Bidders shall be convened at the designated date as mentioned
in “Time Table” at a time and place specified by the Competent Authority.
h) A maximum of two representatives of each Bidder shall be allowed to participate on
production of duly issued authority letter from the Bidder and identity documents. During the
course of pre-bid conference(s), the Bidders may seek additional clarifications and make
suggestions for consideration of the Competent Authority.
i) The Competent Authority shall endeavor to provide clarifications and such further information,
as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive tender process.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
j) The Competent Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Bidders. All clarifications and interpretations issued by
the Competent Authority shall be deemed to be part of the Tender Document. Provided,
however, that any non-written clarifications and information provided by the Competent
Authority, its employees or representatives in any manner whatsoever shall not in any way or
manner be binding on the Competent Authority.
3. Tender process
a. Information about the blocks in each district shall be as per Annexure A.
b. Details of the blocks i.e. Information Memorandum shall be as per Annexure B.
c. Bidders need to submit the bids as per Annexure C.
d. Details of the Competent Authority has been provided in Annexure L.
e. Pursuant to Rule 3-F of the KMMCR Rules, the allotment shall be based on the lottery
system in case there will be more than one application in a particular category. The
categories defined are as below:
a) Persons belonging to Schedules Castes or Schedules Tribes or registered society of such
persons - 24%
b) Persons belonging to economically weaker section who is quarry operator by tradition
and whose livelihood is dependent upon the quarrying of ordinary building stone or
registered society of such persons- 24%
c) Persons with disabilities (Physically challenged)- 2%
d) Others- 50%
The blocks so identified under categories a) & b) mentioned above shall be allotted, as per the
following preference:
a. To registered societies having all the members belonging to the Scheduled Castes or
Scheduled Tribes or having all members who are traditional quarry operators and whose
livelihood is dependent on quarrying of ordinary building stone; and
b. To individuals belonging to the Scheduled Castes or Scheduled Tribes or to category of
persons who are traditional quarry operators and whose livelihood is dependent entirely
on quarry of ordinary building stone
4. Payments by the Bidders along with the
Technical Bid
4.1 Tender fees (non-refundable)
a) The application fee for SC/ST/Physically challenged and economically weaker section
Bidder shall be Rs.1,000/-and for others it shall be Rs.2,000/- for each block.
b) Tender fees to be paid in the form of DD in favour of Deputy Director/ Senior Geologist,
Department of Mines & Geology, Karnataka (as the case may be), XXXXXX. Original DD
should be submitted to Deputy Director/ Senior Geologist, DMG (as the case may be) on or
before XXXXXXXX.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
4.2 EMD/Bid Security
a) The EMD for an amount equal to one year dead rent per acre as mentioned in Schedule-I of
the KMMCR Rules for general category bidders, shall be paid through e-governance
platform. The EMD payable for SC/ST/Economically Weaker Section and Physically
challenged bidders shall be 50% of the EMD as prescribed for others category for each
block.
b) EMD amount shall be paid to e-governance department through any of the following e-
payment modes i.e. credit / debit card, NEFT/RTGS or OTC.
c) EMD will be refunded to the unsuccessful bidder within two months of completion of the
allotment process. EMD shall not carry any interest.
d) The EMD will be forfeited if the successful bidder fails to pay the security deposit in time.
Note:
The qualified person/firm/company in pre-qualification tender can also participate in more than one
block by paying non-refundable tender fees , processing fees & EMD separately for each block as
mentioned above.
5. Timetable
The following tentative timetable shall apply to the tender process non-auction of blocks. The
timetable may be amended by the Competent Authority and during the allotment process through
issuance of an addendum to the Tender Document.
S. No. Event Description Time
1 Publication of notice inviting tender on e-procurement
portal/Department notice T0
1 (A)
Appearance of notice inviting tender published on XXXXXX in at
least one English national newspaper and one local language
newspaper
T0+1
2 Commencement of sale of Tender Document. T0+1
3 Last date of receiving queries from Bidders T0+15
4 Pre-bid conference. T0+25
5 Last date for responses to queries by the Competent Authority T0+30
6 Last date for sale of Tender Document. T0+35
8 Opening of the Technical Bids. T0+45
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
9 Start date for examination of the Technical Bids T0+46
10 Announcement of the technically qualified bidders To+49
11 Lottery Date To+50-52
14 Announcement of successful bidder T0+58
6. Declaration of successful bidder and grant of
Quarrying Lease
Pursuant to Rule 31-C of the KMMCR Rules, the Quarrying Lease shall be granted to the
successful bidder in the following manner:
6.1 Issuance of provisional acceptance letter
A provisional acceptance letter shall be issued to the successful bidder by the Competent
Authority upon approval of the allotment from the controlling authority.
6.2 Security deposit by successful bidder
A successful Bidder shall be deposit 4 times the earnest money deposit as security within 3
weeks from the date of acceptance letter, failing which the earnest money (EMD) submitted
along with the bid shall be forfeited and application shall be rejected.
6.3 Letter of intent
On depositing the security amount as per clause 6.2 above, letter of intent shall be issued to
the successful bidder by the concerned Competent Authority requiring him to submit approved
quarrying plan/simplified quarry plan/environment clearance and such other documents.
If the provisions of 6.3 is not complied with by the successful bidder, the security amount
deposited by him and earnest money deposited shall be forfeited and application shall be
rejected.
6.4 Grant of notification
The competent authority shall issue a grant notification for Quarrying Lease in Form GL
(Refer the Schedules of the KMMCR Rules) for an application after obtaining the approved
quarrying plan or simplified quarry plan or environment clearance, as the case may be.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
6.5 Performance Guarantee
The successful bidder shall submit Performance Guarantee (As per format in Annexure M) in
form of Bank Guarantee, Fixed Deposit receipts or Demand Draft or in any other manner as
may be specified by the State Government from time to time before execution of lease or
license, which shall be as per sub rule (5) of Rule 36 of the KMMCR Rules to be paid in
advance. The amount of performance guarantee shall be reconciled before 30th April for the
forthcoming year with prevailing rates of royalty and make the shortfall payments, if any.
6.6 Execution of lease deed
The Competent Authority and the successful bidder shall enter into the Lease deed Annexure K (Form E of the KMMCR Rules) subject to following conditions:
a) The successful bidder shall submit Performance Guarantee as referred in Section 6.5 of
this Tender Document.
b) The successful bidder shall formally obtain all necessary clearances, if any within period
of six months and operationalize the quarry within a period of 1 year. Provided that such
period may be extended to a period of nine months and eighteen months respectively by
the competent authority, in case the lessee is able to show that the delay is beyond his
control.
7. Payments by the successful bidder/ lease
holder
7.1 Payment of royalty or dead rent (whichever is more)
The holder of a Quarrying Lease or license, shall pay dead rent at the rates specified in
Schedule I [as may be modified from time to time] or royalty at the rates specified in Schedule
II [as may be modified from time to time] [Whichever is more] whether minor mineral is
removed or consumed by him or his agent, manager, employee or contractor.
7.2 Payment of Additional Periodic Payment
The holder of a Quarrying Lease or license in “others” category shall pay in addition to royalty,
an amount which is equal to the Average Additional Periodic Payment payable by the holders
of quarry lease or license granted through auction within Taluk if such average is available for
Taluk, or within district of such average is not available for the Taluk. Or within the
neighboring district if such average is not available for the district, and if such average is not
available within neighboring districts, such Average Additional Periodic Payment shall be
deemed to be fifty percent of royalty. This deemed percent shall be reset after three years
based on average obtained in auctions by 31.03.2019; and if no auctions have taken place by
31.03.2019 for deriving the average from taluk, district or neighboring district, as the case may
be, then the deemed rate will become the final rate for the Average Additional Periodic
Payment
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
7.3 For the new mineral discovered
If subsequent to the allotment, any new different mineral is discovered within the lease area,
then the holder of Quarrying Lease shall follow the provisions of the Rule 3-E for complying
the requirement and payment of average Additional Periodic Payments.
7.4 District Mineral Foundation
Every holder of the Quarrying Lease or license of minor minerals shall make payment towards
the District Mineral Foundation of the district in which the mining operations are carried out,
an amount which is equivalent to ten per cent of the royalty in case of leases granted through
auction and thirty per cent of royalty in case of leases granted without auction.
7.5 Payments regarding Minimum Assured Production
The lessee shall produce and dispatch minimum fifty percent of the permitted annual
production quantity, and if he fails to achieve the same, he shall be liable to pay royalty and
Additional Periodic Payment (as applicable) as per the minimum production and dispatch
requirement of fifty percent of permitted Annual production quantity as mentioned in
environment clearance.
Note:
Minimum Assured Production is not applicable for allotment of blocks by lottery process (non-
auction route) except for “Other Categories” as per Rule 3F of the KMMCR 1994 Rules.
7.6 Financial assurance
Financial assurance has to be furnished by every Quarrying Lease/quarry license/ working
permission holder. The amount of financial assurance shall be as follows, namely:
For specified minor mineral Quarrying
Lease/ license/ working permission
Rupees ten thousand per acre or part thereof
area used in quarrying and allied activities within
the lease and outside
For non-specified minor mineral
Quarrying Lease/ licenses
Rupees five thousand per acre or part thereof
The financial assurance shall be submitted in the form of fixed deposit receipt from any
Schedules Bank, which shall have validity of more than six months after the date of expiry of
lease/ license or as specified by the State Government from time to time.
Before issue of sanction, the lessee/licensee/working permission holder shall have to submit
the financial assurance to jurisdictional Deputy Director/ Senior Geologist.
8. Period of Quarrying Lease
All the Quarrying Lease or Licenses shall be granted as per Rule 8A of the KMMCR Rules.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
9. Utilization of mineral
a) Utilization of mineral shall be strictly as per rules and regulations applicable in the state of
Karnataka for use and sale.
b) Any non-compliance with the aforementioned requirement shall result in cancellation of the
Order or Quarrying Lease and appropriation of the Performance Guarantee .
10. Transfer and surrender of lease
Any transfer and surrender of Quarrying Lease shall be as per provisions of KMMCR 1994 Rules.
11. Arbitration:
If any dispute arises between the parties it shall be settled through mutual discussion in good
faith. If not settled, the matter may be referred for Arbitration. Director/ Commissioner,
Department of Mines & Geology, Karnataka shall be the sole arbitrator for the purpose and
his/her decision shall be final and binding on both the parties (for both Non-specified Minerals
and Specified Minerals).
12. Powers of Competent Authority
a) The Competent Authority reserves the right to reject all or any of the tender / bids without
assigning any reason thereof or split up the tender as he deems fit.
b) The Competent Authority also reserves the right to cancel the bid or lease even after even
after acceptance of bid or during performance of the contract.
c) As per provisions of Rules 7 of the KMMCR Rules, A quarrying lease or license may contain
such other conditions as the Competent Authority may deem necessary.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
13. Annexures
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure A - District wise list of Blocks- Dated XXXXXX
Sr. District Minor
Mineral
Area of
the
Block
Reserves/
Resource
s of the
mineral
Method of
allotment
(lottery)
Reserved
(Yes/No)
Category
of
reservati
on
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure B- Information Memorandum Format
Sr. No. Description
1 Name of the Village, Taluk, District and
theblock number.
2 Details of the mineral available, estimated
resource or
reserve
3 Survey Number
4 Sketch of the block
5 GPS co-ordinates
6 Details of the approach road
7 Land marks
8 Period of lease
9 Land details (Forest Land, Owned by the
State Government and land not owned by the
State Government)
10 List of clearances available
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure C- Technical Bid Format (Check List)
Technical Bid
The Tenderer shall submit/upload the following documents on the portal:
a) Payment of Tender Fees (Annexure D )
b) Payment of EMD/Bid Security (Annexure D)
c) E-tender application in form-AQL(Annexure E)
d) Covering letter (Annexure F)
e) Copy of ownership/establishment certificate for proprietary firms, partnership deed in respect
of partnership firm/Registration Certificate in case of a company
f) Required net worth by registered Chartered Accountant (CA) (Annexure G)
g) Copy of PAN/or TIN No.
h) No Due Certificate from the Deputy Director (DD)/Sr Geologist of the concerned District
where block is put for allotment for the royalty/penalty arrears.
i) Copy of Income Tax returns files/ IT assessment orders for the Previous financial year should
be produced
j) An affidavit stating that the Bidder has filed the following:(Annexure H)
1. Income Tax Returns of 3 Preceding year as per IT Act, 1961
2. Paid the assessed Income Tax
3. He/she abide by the terms and conditions of the Tender
4. He/she is not holding an office of profit under the State Government or Central
Government concerned
5. Has not been convicted or any offence involving moral turpitude.
6. He/she has no dues payable to the Government
7. He/she belong to the category for whom the block is so reserved.
8. Bid once offered shall not be withdrawn till the grant of Quarrying Lease in respect of
such block.
9. He/she hold maximum area as per Rule 15 of the KMMCR Rules (Please provide details
of the areas bidder already have in the State)
k) Power of attorney as per format (Annexure I) along with Board resolution (in case the bidder
is a Company/firm)
l) Certificate from Tehsildar of the concerned Taluka for eligibility as per Rule 3-F.
Notes
• The Bidder who have not submitted any one of the above documents or has submitted
insufficient documents will not be considered for technical bid evaluation and shall be treated
as disqualified.
• All the aforementioned documents, the original physical copy must be dispatched to the
address of Competent Authority of the district so that they are received on or prior to the Bid
Due Date, failing which the Technical Bid shall be deemed to be not received.
• Separate documents shall be required to be submitted in case bidder applied for more than
one block.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure D- Demand Draft Submission format
DD submission format
Name and address
Amount
DD No and Date
Bank name & branch
IFSC code
Applied block No
Applied block Name
Taluk
Survey No
Extent
Mobile No
Note: Original DD should be submitted to Senior Geologist office, XXXXXXXXX on or before ___________________
Signature of the Tenderer
With official seal
Date:
Place:
Sd/-
Deputy commissioner/Chairman
District Committee
XXXXX District.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure E- Application Form AQL
(See Rule 3B, 3D, 3E, 3F, 9, 9C, 31C, 31T,31-ZA, 31-ZC, 32)
Application for Grant of Quarry Lease/ Quarrying License/
Composite License
for_______________________________ (Name of the Minor Mineral).
(To be submitted in duplicate with sketches in triplicate)
Received at _______________________(Place), on ________________ (date) and entered in the
Register (FORM-QLA/RAQP), Vol-No._____________ at serial No._______________ on Page
No.___________________.
Signature and
Designation of receiving Officer.
FROM:
__________________
__________________
__________________
TO:
The Commissioner/Director
Department of Mines & Geology,
Karnataka.
Sir,
I/We hereby submit an application for grant of Quarry Lease/Quarrying License/Composite License for
quarrying (Minor Mineral) for a period of ( ) years over an extent of acres/guntas/cents of
land in the area specified in this application.
APPLICANT
PHOTO
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
A total sum of Rs. /- being the Security Deposit calculated at Rs. /- per acre and Rs.
/- being the application fee has been paid to Government vide D.D NO. & Dated
for Rs. /- & Rs. /-respectively.
The required particulars are given below:
1. Name of the applicant with permanent
address, and correspondence address in full
(Address Proof shall be enclosed) and
Mobile / Land line Number and e-mail ID.
2. Is the applicant a Individual/Government
Company/ Firm/Association or Regd. Co-
operative Society.
3. a) Names of the Directors/Members/
Partners and their Nationality.
b) Nationality of the Individual
applicant.
4. Place & Address of Registration of the
company/ Firm/Association or Registered.
Co-operative Society.
(Registered Document shall be enclosed)
5. Profession or nature of business of the
applicant
6. Minor Mineral which the applicant intends to
Quarry(If it is any type of granite, description
of colour and texture/structure be given in
brief)
7. Period for which quarrying lease/License is
required as per rules.
8. Details of Area applied for:
District Taluk Village Block No.
& Sy.No
Extent & Type of land
a. Ammonia print of village Plan/Forest land in
triplicate on scale 1”= 660 ft or 1”=330 ft
showing the area applied with GPS Co-
ordinates in WGS -84
b. R.R. Extract/Village Map in original (Clearly
state whether it is Patta/ Revenue/ Forest land)
c. Certified copies of documents to establish that
the applied area is a patta land /granted patta
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
land and that the applicant has full ownership
rights in the minor mineral found in the applied
area.
9. Particulars of areas, mineral-wise, already held
under quarrying lease or License or working
permissions or under Court order in individual
capacity or partner/ Director/Member of any
company/ Firm/ Association/Registered Co-
operative Society.
District Taluk Village Sy.No Extent & Type of land
10. Particulars of areas, mineral wise, already
held quarrying lease / License /
working permission in individual name
or as a partner / Director / member of
any company / Firm / Association /
Registered Co-operative Society.
District Taluk Village Sy.No. Extent & Type of land
11. Whether any new major/minor mineral has
been discovered in the held leased area or the
existing mineral will be used as a different end
product if so give details.
12. Particulars of areas, mineral wise, already
applied for quarrying lease or License in
individual name or as a partner/ Director/
member of any company/ Firm/ association/
Registered Co-operative Society.
District Taluk Village Sy.No. Extent & Type of land
13. Particulars of areas, mineral wise, already
applied for quarrying lease or License in
individual name or as a partner/ Director/
member of any company/ Firm/ association/
Registered Co-operative Society.
District Taluk Village Sy.No. Extent & Type of land
14. If the applicant, on the date of application
does not hold any quarrying lease or License
or working permission for quarrying or any
area under Court Order an affidavit to this
effect should be furnished with this
application.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
15. Proposed method of quarrying and
Investment.
(a) Mechanised/quasi mechanised/
Manual.
(b) Investment in accordance with(a)
16. Whether the applicant is the owner of an any
mineral based industries or intent to establish
any mineral based industries that use minor
minerals as raw material in the State. (see
schedule-1B)
If so furnish details regarding:
(a) Name of the Unit:
(b) Date of establishment:
(c) Location & Address of the unit:
(d)Capacity of the unit in terms of
production.
17. Whether the applicant belongs to Scheduled
Caste/Scheduled Tribe or Registered Society
of such persons, /physically challenged
(Physically disabled)/ economically weaker
section and traditional quarry operator by
Profession/Others.
18. If so, persons belonging to Scheduled
Caste/Scheduled Tribe or Registered Society
of such persons, /physically challenged
(Physically disabled)/ economically weaker
section and traditional quarry operator by
Profession shall produce a Certificate from
the concerned Taluk Tahsildar or concerned
competent authority.
19. Financial resources of the applicant furnish
Banker’s credit certificate.
20. Payment details: i) EMD
Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:
ii) Application fee Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:
iii) Processing Fee Amount paid: Payment mode: DD/RTGS/NIFT Details of payment:
21. Turnover of the applicant during the last 5
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
years [Rs. In lakhs]:-
1) .....................year
2) .....................year
3) .....................year
22. Positive Net worth of the applicant during last
3 years [Rs. In lakhs]:-
.....................year
23. Does the applicant has convicted of any
offence involving moral turpitude / illegal
mining activity.
24. Bankers reference, if any
25. Brief write up about the
Company/firm/individual
26. Particulars of areas, mineral wise already
applied & holding quarry leases
27. Proposed method of quarrying and investment (a) mechanized/quasi/manual (b) investment in accordance
28.
Clearance Certificate with respect to royalty,
dead rent, surface rent and any other dues
towards department.
29. Does the applicant holds office of profit:
Yes/No
30. Does the applicant has convicted of any
offence involving moral turpitude / illegal
mining activity.
31. Any other relevant information like;
i) Duly registered GPA document, if the application is filed by the GPA holder.
ii) Authorization letter to represent Firm/company etc., along with board resolution to this effect.
32. Any other particulars which the applicant
wishes to furnish.
DECLARATION
I/We hereby declare that:-
a. The particulars uploaded are factual & correct and we are agreeable to furnish any other
information/details as may be required by District Committee, …………………….District
b. I/We agree & declare that I/we are fully familiar with the terms & conditions of the tender
process as notified by Commissioner/Director, Department of Mines and Geology/District
Committee ………………….. District and agree to abide by the terms and conditions issued
by Commissioner/Director, Department of Mines and Geology/District
Committee………………….. District.
Date: [Signature of the Bidder]
Place: [Name with Full address]
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure F Covering letter format
Covering Letter format
To [Date]
Director/Chairman/Commissioner,
District Committee/Competent Authority
Sub: Bid letter for participation in allotment for grant of Quarrying Lease for [name of the
Concession Area.]
Dear Sir,
With reference to your Tender Document dated [date], I, having examined the Tender Document and
understood their contents, hereby submit my Technical Bid. Capitalized expressions used in this letter
have the same meaning as ascribed thereto in the Tender Document.
1) The Technical Bid is unconditional and unqualified.
2) We have reviewed the terms of the Tender Document and hereby unconditionally and
irrevocably accept, agree and acknowledge the terms thereof.
3) We acknowledge that the Competent Authority will be relying on the information provided in the
Technical Bid and the documents accompanying the Technical Bid for selection of the
successful bidder, and we certify that all information provided therein is true and correct;
nothing has been omitted which renders such information misleading; and all documents
accompanying the Technical Bid are true copies of their respective originals.
4) This statement is made for the express purpose of our participation in the tender process and
possible selection as successful bidder.
5) We hereby confirm that we satisfy all the eligibility conditions prescribed in the Tender
Document. Specific confirmations with respect to our compliance with the eligibility conditions
are provided below:
(a) [Insert separate paragraphs for compliance with each of the eligibility conditions] of the Tender
Documents, with specific reference to enclosed documents as mentioned in the instructions.]
6) We hereby acknowledge that if we submit or produce any document and it is discovered
subsequently that such document was false or incorrect then we shall be liable under the
Applicable Law for the time being in force.
7) We shall make available to the Competent Authority any additional information it may find
necessary or require to supplement or to authenticate the Technical Bid.
8) I acknowledge the right of the Competent Authority to reject our Technical Bid without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by Applicable Law,
our right to challenge the same on any account whatsoever.
9) We declare that:
(a) We have examined and understood the Act, all Rules framed thereunder, the Tender
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Document and all documents referred therein including the Information Memorandum;
(b) We have examined and have no reservations to the Tender Document, including any
amendment/s issued by the Competent Authority vide corrigendum / addendum from
time to time.
(c) We have not directly or indirectly or through an agent engaged or indulged in any
Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or
Restrictive Practice, as defined in the Tender Document, in respect of any tender or
request for proposal issued by or any agreement entered into with the Competent
Authority or any other public sector enterprise or any government, central or state; and
(d) We will not resort to illegality in the work and any illegality found we are liable for action
by the Department.
(e) We hereby certify that no person acting for us or on our behalf has engaged or will
engage in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable
Practice or Restrictive Practice.
10) We understand that you may cancel the tender process at any time and that you are neither
bound to accept any bid that you may receive nor to invite the Bidders to bid, without incurring
any liability to the Bidders, in accordance with the Tender Document.
11) We hereby irrevocably waive any right or remedy which we may have at any stage at law or
howsoever otherwise arising to challenge or question any decision taken by the Competent
Authority in connection with the selection of the successful bidder, or in connection with the
tender process itself, in respect of the Tender Document and the terms and implementation
thereof.
12) In the event of we being declared as the successful bidder, we agree to enter into Lease deed
and other documents in accordance with the Tender Document and pay such amounts eg:
Dead rent, Royalty, Additional Periodic Payments (if applicable), District Mineral foundation etc.
and provide such security/financial assurance as required therein.
13) We have ensured compliance with the Tender Document and to the best of our knowledge this
bid is conforming to the terms thereof.
14) We agree and understand that the Bid is subject to the provisions of the Tender Document. In
no case, we shall have any claim or right of whatsoever nature if the Quarrying Lease is not
awarded to us or our bid is not opened or rejected.
15) We have consideration all the terms and conditions stated in the Tender Document, Lease
Deed, our own estimates of costs and feasibility and after a careful assessment of the
geological and other information, the Information Memorandum and the proposed Quarrying
Lease and all the conditions that may affect the utilization of minerals.
16) We shall keep this offer valid for 180 days from the Bid Due Date specified in the Tender
Document or such extended duration as may be agreed with Competent Authority
17) We acknowledge, agree and confirm that in the event of our being declared as the successful
bidder, we are bound to pay the sums envisaged in the Tender Document in the event and in
the manner described thereunder.
In witness thereof, we submit this bid letter forming part of our Technical Bid under and in accordance
with the terms of the Tender Document.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Yours faithfully,
(Signature, name and designation of the Authorized signatory)
Name and seal of Bidder
Date:
Place:
Enclosed:
[list and description of documents enclosed]
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure G - Networth Certificate
TO WHOM EVER IT MAY CONCERN
This is to certify that …………(Name of Company/Individual/firm) having its registered office/
residence Address at ……, has a networth of Rs….Lac as on XXXXXXXXX on the basis of the
following Calculation
(Rs. In Lacs)
Paid-up Equity Capital (A)
Free Reserves (B)
Total Networth (A+B)
We further certify that we have read the eligibility conditions as specified in this Tender Document and
the Bidder is complying with the financial eligibility requirement, as specified in this Tender Document.
Also, Networth calculation has been done as per the requirement of this Tender Document.
Registration Number
Name of CA/Firm
Date
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure H Affidavit
Affidavit
I, [name] aged [age] years, resident of [address] [working as [designation] an authorized signatory on
behalf of [name of the Bidder]] (“Bidder”) hereby state as under:
I am the [designation of the deponent] of the Bidder. I am conversant with the facts and
circumstances surrounding the subject of this affidavit [and have been authorized to depose to the
same pursuant to the power of attorney dated [date] issued pursuant to [particulars of corporate
approval]]. I am filing this affidavit to place on record verification of facts and documents in connection
with the tender process concerning [name of the Mineral Block].
[Insert separate paragraphs for each document brought on record for physically submitted with the
Competent Authority, in a chronological sequence].
1. Income Tax Returns of 3 Preceding year as per IT Act, 1961
2. Paid the assessed Income Tax
3. Bidder shall abide by the terms and conditions of the Tender
4. Bidder is not holding an office of profit under the Competent Authority or Central
Government concerned
5. Bidder has not been convicted or any offence involving moral turpitude.
6. Bidder has no dues payable to the State Government
7. Bidder belong to the category for whom the block is so reserved.
8. Bid once offered shall not be withdrawn till the grant of Quarrying Lease in respect of
such block.
9. Bidder hold maximum area as per Rule 15 of the KMMCR Rules (Please provide details
of the areas already bidder have)
That nothing has been concealed in the information submitted as mentioned above.
Solemnly affirmed and verified on this [day] day of [month] [year] at [place].
(Signature)
Name, Designation & Seal
VERIFICATION
I, [name], [the [designation of the deponent] of the Bidder above named, having my office at[address],
do hereby solemnly declare that what is stated above in paragraphs [1] to [number] are on the basis
of the books and records of the Bidders, and verify that the contents of the above affidavit are true
and correct, no part of it is false and nothing material has been concealed therefrom.
Verified at [day] day of [month] [year] at [place].
Deponent (Signature)
Name, Designation & Seal
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure I Power of attorney
Power of attorney
(Applicable in case Bidder is authorizing somebody else to submit Bid)
(1) Instructions for submission of the power of attorney (applicable for Company/ Firm)
(a) The power of attorney must be issued in India in accordance with Applicable Law and
it must be issued in accordance with the constitutional documents of the Bidder after
obtaining all corporate approvals as may be required. The extract of constitutional
documents and certified copies of the corporate approvals must be enclosed with the
power of attorney.
(b) The power of attorney must be issued under the common seal, if any.
(c) The power of attorney must be stamped in accordance with Applicable Law.
(d) The power of attorney must be issued in the name of a person who is in full time
employment of the Bidder.
Format of power of attorney
Know all men by these presents, We, [name and address of the Bidder] do hereby irrevocably
constitute, nominate, appoint and authorize [Name], son/daughter/wife of [name of
father/husband] and presently residing at [address], who is presently employed with us and holding
the position of [designation], as our true and lawful attorney ( “Attorney”) to do in our name and on
our behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our bid for the [Name of Block] mineral block (“Mineral Block”) in
response to the Tender Document, dated [date] issued by Competent Authority (“Competent
Authority”) including but not limited to signing and submission of all applications, affidavits, bids and
other documents and writings, participate in Bidders’ and other conferences and providing information
/ responses to the Competent Authority, representing us in all matters before the Competent
Authority, and generally dealing with the Competent Authority in all matters in connection with or
relating to or arising out of our bid for the Mineral Block and/or upon award thereof to us and/or till
the entering into lease deed with the Competent Authority and grant of Quarrying Lease. AND we
hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or
caused to be done by our Attorney pursuant to and in exercise of the powers conferred by this power
of attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers
hereby conferred shall and shall always be deemed to have been done by us.
In witness whereof we, [name of Bidder], the above named principal have executed this power of
attorney on this [date].
For…………………………….. (Signature, name, designation and address)
Witnesses:
1.
2.
[Particulars of notarization]
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure J PRODUCTION AND DESPATCH REQUIREMENT
(1) (2) (3)
Period Production Requirement in MT (Annual)
(permissible annual production as prescribed under the environment clearance)
Minimum Annual Despatch Requirement in MT (Annual)
(this will be 50% of the Production Requirement as set forth in the second column)
The Performance Security will not be invoked if the actual production in a financial year is at least 50% of the Production Requirement, as mentioned in the table above.
If the actual production in a financial year is lower than 50% then 50% of the Performance Guarantee shall be invoked in addition to the Annual Periodic Payments (If applicable) that the successful bidder is liable to pay for the Minimum Assured Production Requirement.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure K- Lease deed Format (Form E of the KMMCR Rules)
Lease deed Format (Form E)
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure L Details of Competent Authority
Notification by state government for Competent Authority
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
Annexure M (Performance Guarantee)
FORM – PBS [See rule-36(5)]
PERFORMANCE GUARANTEE IN THE FORM OF BANK GUARANTEE
(Reference number of the bank) Date:
TO,
The Governor of Karnataka
WHERREAS
A. ............ Incorporated in India under the Companies Act, [1956/2013] with corporate identity
number [CIN of the applicant]. Whose registered office is at [address of the registered
office...............], India and principal place of business is at [address of principal place of
business, if different from registered office..........] (the –Applicant) is required to provide an
unconditional and irrevocable bank guarantee for an amount equal to INR [figures] Indian
Rupees words [..................] as a performance security valid until [date of expiry of
performance bank guarantee] (Expiry Date).
Mentioned only for companies, the format to include individuals/other applicants also.
B. The performance Security is required to be provided to The Governor of Karnataka. The
Government of Karnataka for discharge of certain obligations under the [reference to the
principal documents-prospecting license mining/quarrying lease, lease deed dated:..... with
respect to [particulars of concession] (collectively the “Concession Document”).
C. We [name of the bank] (the Bank) at the request of the Applicant do hereby undertake to
pay to the Government of Karnataka an amount not exceeding INR [figures] (Indian
Rupees) Guarantee Amount) to secure the obligations of the Applicant under the
Concession Document on demand from the Government of Karnataka on the terms and
conditions herein contained herein.
NOW THEREFORE. The Bank hereby issues in favour of the Government of Karnataka this
irrevocable and unconditional payment bank guarantee the (Guarantee) on behalf of the
Applicant in the Guarantee Amount;
1. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the
Government of Karnataka without any demur, reservation, caveat, protest or recourse,
immediately on receipt of first written demand from the Government of Karnataka a sum or
sums (by way of one or more claims) not exceeding the Guarantee Amount in the
aggregate without the Government of Karnataka needing to prove or to show to the Bank
grounds or reasons for such demand for the sum specified therein and notwithstanding any
dispute or difference between the Government of Karnataka and Applicant on any matter
whatsoever. The Bank undertakes to pay to the Government of Karnataka any money so
demanded notwithstanding any dispute or disputes raised by the applicant in any suit or
proceeding pending before any court or tribunal relating thereto the Bank’s liability under
this present being absolute and unequivocal.
2. The bank acknowledges that any such demand by the Government of Karnataka of the amounts payable by the bank to the Government of Karnataka shall be final, binding and
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
conclusive evidence in respect of the amounts payable by applicant to the Government of Karnataka under the concession document.
3. The bank hereby waives the necessity for the Government of Karnataka from demanding the aforesaid amount or any part thereof from the applicant and also waives any right that the bank may have of first requiring the Government of Karnataka to purpose its legal remedies against the applicant, before presenting any written demand to the bank for payment under this Guarantee.
4. The bank further unconditionally agrees with the Government of Karnataka that the
Government of Karnataka shall be at liberty, without the banks consent and without
affecting in any manner the banks obligation under this guarantee, from time to time to:
(i) vary and or modify and of the terms and conditions of the Lease/concession
document:
(ii) extend and/or postpone the time for performance of the obligations of the applicant
under the concession document, or
(iii) forbear or enforce any of the rights exercisable by the Government of Karnataka
against the applicant under the terms and conditions of the lease/concession
document, and the bank shall not be relieved from its liability by reason of any such
act or omission on the part of the Government of Karnataka or any indulgence by
the Government of Karnataka to the applicant or other thing whatsoever which
under the law relating to sureties would, but for this provision, have the effect of
relieving the bank of its obligations under this guarantee.
5. Any payment made here under shall be made free and clear of and without deduction for or
on account of any present or future taxes, levies, imposts, duties, charges, fees
commissions, deductions or withholdings of any nature whatsoever.
6. The Bank agrees that Government of Karnataka at its option shall be entitled to enforce this
Guarantee against the bank as s principal debtor in the first instance without proceeding at
the first instance against the applicant.
7. The Bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that specified in the lease/concession document and that it shall
continue to be enforceable till all the obligations of the applicant under or by virtue of the
said lease/concession document with respect to the performance security have been fully
paid and its claims satisfied or discharged or till the Government of Karnataka certifies that
the terms and conditions of the lease/concession document with respect to the performance
security have been fully and properly carried out by the applicant and accordingly
discharges this guarantee. Notwithstanding anything contained herein unless a demand or
claim under this guarantee is made on the bank in writing on or before the expiry date the
bank shall be discharged from all liability under this guarantee thereafter.
8. The payment so made by the bank under this guarantee shall be a valid discharge of
bank’s liability for payment there under and the Government of Karnataka shall have no
claim against the bank for making such payment.
9. This guarantee is subject to the laws of India, Any suit, action, or other proceedings arising
out of this Guarantee or the subject matter hereof shall be subject to the exclusive
jurisdiction of courts of Karnataka.
10. The Bank has the power to issue this Guarantee in favour of the Government of Karnataka.
This guarantee will not be discharged due to the change in the constitution of the Bank.
11. The Bank undertakes not to revoke this Guarantee during its currency except with the
previous consent of the Government of Karnataka in writing.
Simplified Procedure (Draft) for grant of QL for Ordinary Building Stone
12. The Government of Karnataka may, with prior intimation to the Bank, assign the right under
this Guarantee to any other departments, ministries or any governmental agencies. Which
may act in the name of the Governor save as provided in this Clause-12, this Guarantee
shall not by assignable or transferable.
13. Notwithstanding anything contained herein.
a. the liability of the bank under this bank guarantee shall not exceed the Guarantee
Amount.
b. this bank guarantee shall be valid up to Expiry Date.
14. The Bank is liable to pay the guaranteed amount or any part thereof under this bank
guarantee only and only if the Government of Karnataka serves upon the bank a written
claim or demand on or before the Expiry Date.
Date:
Place:
In witness whereof the Bank, through its
authorized officer has set its hand and
stamp.
(Signature)
Name and Designation
(Bank Stamp)
Recommended