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Malegaon Municipal Corporation Malegaon
1
Malegaon Municipal Corporation Malegaon
MUNICIPAL CORPORATION MALEGAON
TENDER FOR APPOINTMENT OF AGENT FOR OCTROI DUTY & ESCORT FEE COLLECTION Minimum offer Amount for Octroi
Rs. 80,99,05,785/-
(Rs.Eighty Crores Ninety Nine Lac Five Thousand Seven Hundred
Eighty Five Only)
Minimum offer Amount for Escort
Rs. 28,17,31,715/-
(Rs.Twenty Eight Crores Seventeen Lac Thirty One Thousand
Seven Hundred Fifteen Only)
Total offer Amount for Octrio & Escort Amount
Rs. 109,16,37,500/-
(Rs. One Hundred Nine Crores Sixteen Lac Thirty Seven Thousand
Five Hundred Only)
� Online E-Tender Notice No. : MMC/OCT/ 1 /12 -13 Date : 26 /06/2012
� Cost of Tender Document : Rs. 50,000/- (Rs. Fifty Thousand Only)
� Online Tender Selling : From 27-06-2012 to 26-07-2012
between 11.00 a.m. to 04.00 p.m.
� Online E-Tender Date of EMD: From 27-06-2012 to 26-07-2012
between 11.00 a.m. to 04.00 p.m.
� Online Bid Submission : Date 26-07-2012 From 05.01 p.m.
To Date 28 -07-2012, 04.00 p.m.
� Online E- Tender Issing Authority: Commissioner, Malegaon
Municipal Corporation, Malegaon
� Online Tender Issued to : M/s________________________________
___________________________________
___________________________________
� D.D. No. & Date : ___________________________________
Tender Document Cost ___________________________________
� Opening of Bid : If possibale as on 30/07/2012 at 10.00 A.M.
MALEGAON Signature of Issing Authority
Date : / 06/2012
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
MALEGAON MUNICIPAL CORPORATION MALEGAON
TERMS & CONDITIONS REGARDING APPOINTMENT AS AN AGENT FOR COLLECTION OF OCTROI &
ESCORT FEE
1. DEFINITIONS :-
The terms used in this documents shall have the same meaning as
has been defined in the Bombay Provincial Municipal Corporation Act 1949 and
Octroi Rule 2005 & Standing Orders.
2. SCHEME / CONTRACT
The Scheme / contract envisages appointment by the Corporation of
an agent for collection of octroi duty imposed, assessed and levied by the
Corporation under the provisions of the said Act and rules, on goods imported,
within the city limits of the said Corporation, with an intention to use, sale or
consumption. It shall be for a period of one year from the date of work order & as
well as the collection of escort fees from the vehicles which the loaded dutiable
goods imported for immediate export in Municipal Corporatin Limits.
3. PARTIES TO THE CONTRACT
The parties to the contract shall be the Agent who is selected
through successful tender process party of the ONE SIDE and Malegaon
Municipal Corporation , Malegaon through its authorised signatory party of the
OTHER SIDE.
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
Notice to be given or any other action to be taken on behalf of
the Corporation, will be given / taken by the Commissioner or any other officer,
duly authorised for the said purpose on his behalf.
4. PERIOD OF CONTRACT
For One year from the date of Work Order.
5. ONLINE TENDER SELLING :-
Dt.27/06/2012 to 26 /07/2012 Time 11.00 am to 4.00 p.m.
6. LAST DATE OF ONLINE SUBMISSION OF TENDER FORM AN D
OPENING OF
ONLINE BID SUBMISSION :
Date 26 /07/2012 From 5.01 p.m. to Date 28 /07/2012 up to 04.00 p.m.
OPENING OF BID :
If possible as on 30/07/2012 at 10 .00 a.m.by the Municipal
Commissioner in Cabin, in presence of bidder or their representatives if any
present on that day. The day of Tender opening may be extended without assigning
any reason. But at the time such notice will be issued on notice board of MMC.
7. TENDER SUBMISSION :
The online E- Tender shall be submitted in two Envelope system
(Technical & commercial Bid). The Tender will be accepted online only.
Envelope No. 1 (Technical Bid) Must contain the following document.
1. Demand Draft of Earnest Money Deposit, & the cost of
Tender document .
2. In case of proprietary concern it should be registered with Shop Act
Authority & Partnership firm is to be register with Registrar of Firm,
Mumbai or receipt of application for registration with Registrar Firm
is to enclose OR Partnerhsip deed OR Joint Venture agreement
should be notarized.
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
3. Last Year Income Tax Return.
4. An experience Certificate as the offerer has worked as Octroi/
Escort Fee Collection Agent for one year minimum in one Municipal
Corporation OR an Authority Appointed by the Govt. to Collect the
Toll Tax.
5. An affidavit with respect to the Octroi /Escort Fee and Toll Tax
collecting Agent appointed by Govt. and not included in aBlack list
anywhere.
Note : The above documents containing must be dully certified & attested
and at the time of tender opening, all the submitted documents will be checked and
verfied with respetive Origianls documents. If the above mentioned documents are
not found to be present in Technical Bid, the Commercial Price Bid (Envelope No.
2) will not be opened and the Agent will not be entitled to participate or to stake
any claims, also, no further time would be granted to produce remaining
documents.
Envelope No. 2 Must contain the commercial Price Bid.
Note : The only important criteria to accept the bid is that the bid for
maximum more amount than the fixed offer amount by the MMC will be accpeted.
Commercial Price bid duly filled in the prescribed from, attached with this tender
document duly signed and stamped on every page & superscirpted with the words
‘Commercial Price bid.’
The name address of the bidders Tender reference No etc is to be clearly
8. EARNEST MONEY
The offerer will have to furnish a call deposit of Rs. 1,09,16,375/- (One
Core Nine Lacks Sixteen Thousand Three Hundred Seventy Five only ) as an
earnest money by a crossed Demand Draft or a pay order drawn in favour of the
Malegaon Municipal Corporation, Malegaon issued by any Nationalised Bank
along with the Technical Bid. The D.D. of tender document amount shall be
scanned & mailed to the emial ID [email protected].
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
The earnest money shall stand forfeited in case of offerer withdraws
his / her offer for any reason after submitting the tender papers before or after
opening of the tenders.
The earnest money shall be refunded within 8 days after the Octroi
Collection Agency is finally fixed, to all offers, including the offerer whose tender
has been accepted and agreement is executed.
9. ACCEPTANCE OF OFFER
Offer shall not be accepted if the following conditions are not
fulfilled by the offerer while giving his or her offer :-
I) The offerer shall furnish the call deposit of Rs. 1,09,16,375/- (One
Core Nine Lacks Sixteen Thousand Three Hundred Seventy Five only ) as Earnest
Money as stated above along with the offer.
II) Every offerer should submit his offer in the prescribed form and
should not stipulate any different or additional terms and conditions, and if any
different or additional terms and conditions are stipulated in the offer, then the
same shall be ignored and the offerer shall also have no right, at any time, to
claim, that they should be taken into consideration in the context of any dispute
for any purpose.
III) Form of offer should be filled in by the offerer clearly and accurately
, without any alteration, erasure or overwriting, in the form of offer. The same will
render the offer invalid unless the alteration etc. are neatly carried out and are duly
attested by the full signatures of the offerer.
IV) The offer should be quoted in words as well as in figures.
V) The offerer shall not submit more than one offer. If he submits more
than one offer then only the highest offer will be considered.
VI) A person or persons signing the offer shall state on what capacity he
/ they/ is / are signing the offer i.e. as the Proprietor of the Firm / Concern or as a
Secretary, Manager / Director etc. of a Limited Company. In all cases of parties,
other than individuals or proprietary concerned in the name of the partner, should
be disclosed and attested copy of the partnership deed should be furnished along
with the offer. The names of all the Directors / Partners etc. should be
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
mentioned and the offer should be accompanied by a certificate certifying that
the persons signing the offer are empowered to do so on behalf of the Company
and also accompanied by a copy of the Memorandum and Articles of the
Association of the Company.
VII) The Commissioner with the approval of the Standing Committee
may Accept reject any offer without assigning any reason. The offerer shall not
be entitled to claim any right or any amount on the ground that he has submitted
his Tender.
VIII) No application cum objection shall be considered unless the person
or firm acutally participate in the tender process after depositing earnest money &
tender form.
IX) Registered Partnership Firm and Joint Venture, Deed may be
allowed. Audited Balance sheets for the last three years with copies of
Income Tax Returns should be enclosed with offer.
X) The Power of Adding or deleting or making changes any of the Terms & Conditions of Contract are vested with the Commissioner only.
XI) The right to accept or reject any tender without giving any reason, is
reserved by Municipal Corporation
10. RATE OF OCTROI & ESCORT FEE AND PROCEDURE FOR
RECOVERY AND COLLECTION OF OCTROI
a) The Agent will collect entire octroi as per the existing rates of Octroi
Bye- Laws of the erstwhile Malegaon Municipal Corporation Malegaon. and the
Escort Fee shall be collected only at the Fix Rates.
b) The agent should strictly follow the procedure and rates for levy,
assessment and collection of octroi as specified in the existing provisions under the
Act and Rules Octroi rates copy is enclosed.
c) The Agent shall work within the framework of and comply with and
he is bound by all provisions of the following Acts, Rules and Regulations for
the purpose of levy, assessment and collection of the Octroi duty & Escort Fee.
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
I) The Bombay Provincial Municipal Corporation Act, 1949 and
the rules framed thereunder and the Octroi Bye - Laws of
the erstwhile Malegaon Municipal Council.
II) The Resolutions passed by the Corporation from time to
time for imposition of levy assessment and recovery of octroi
and escort fee the matters incidental there to.
III) Octroi rules 2005 & standing orders, Bylaws in respect of
imposition levy, assessment and recovery of octroi and
matters incidental thereto as applicable to the Malegaon
Municipal Corporation Malegaon.
d) The offerer shall abide by the instructions and orders of the
Municipal Commissioner or the officers authorised by him
in this behalf, issued from time to time.
The rates of Octroi & escort fee will not be reduced by the
Corporation or any Authority at any time during the year of contract so as to cause
the loss to the offer & corporation. But if it is necessary to reduce or increase the
rates then with prior approval of General Board, the rates will be reduced or
incresed & the offer will be paying less or more amount proporationated, as the
case may be.
11. MODE OF REMITTANCE OF OCTROI & ESCORT FEE
COLLECTION TO THE MUNICIPAL CORPORATION.
During the period of contract the agent shall remit 24 equal
instalments comprised of fortnight for a one instalment of the entire contract
amounts to the Corporation.
However in any circumstances not a single instalment shallbe
remined unpaid. If it has so happened, then the unpaid instalment will be recovered
by encashment of Bank Guarantee and within the period of 15 days such bank
grarantee will be reconsituted of full amount.
No concession or deferment of payment of the total contract amount
shall be permissible on any account including so called short fall in collections,
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
like strike,‘Bandh’ natural Calamity riots etc. during the period of contract in any
fortnight.
12. REMITTANCE OF DAILY OCTROI & ESCORT FEE COLLECT ION
The amount of Octrio and Escort fee collected through the Agent
shall be remitted in joint escrow account of any Nationalized Bank by opening the
account of MMC & Agent. The fortnight instalment from the amount reqularly
remitted, as states above, shall be transfarred to the account of MMC in priority.
There after the Agent will withdraw the amount. Such type of arrangement may be
made. It shall be veritied and tallied by the officers & Servents of MMC from time
to time, that the amount so collected by the Agent is remitted in the escrow
account & it shall also be tallied that the amount is collected by using the proper
receipts.
In case the amount has not been remitted in escrow account OR the
receipt given by the MMC have not been used by the Agent then it shall be
provided in the Agreement regarding the rigourous fine to the Agent. If it has been
contravented two times then the Octroi &Escort fee contract shall be terminated or
cancelled.
The agent may retain the excess amount of the collection of octroi &
escort fee beyond the contractual amount as his commission. However in case
of shortfall in collection, the agent shall not be entitiled to claim any
compensation / damages / relief from the Corporation. The agent shall remit the
contractual amount in twenty four equal instalments and each instalment shall
fall due during every fourtnight on or before the last day of every fourtnight i.e.
15th date & last date of every month. In case of holiday on the day, the amount
shall be remitted before that day.
The agent shall not seek any deferment / postponement of instalment
due or any concession / reduction in payment on account of shortfalls in
collection or for any other reasons.
13. ABOLITION OF OCTROI BY GOVERNMENT
In case the right of collection of octroi by the Corporation is
abolished by the Government or any other competent Authority, then in that event,
the agent shall be liable to pay the fourtnight instalments as per the contract upto
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
the date of abolition. Agent shall not be entitled to claim any compensation,
damages or any other amount from the Corporation or Govt. on the ground that
octroi collection is abolished by the Government or any other competent
authority.
However, the tender shall remain effective for collection of Escort fees and
the offerer shall have to complete the period of collection of escort fees as
contemplated in the contract and rates determined by the Malegaon Municipal
corporation at the rate of 30% increase in Minimum Offer Amount of Escort Fee,
of the amount of portion between accepted offer amount and minimum
consolidated offer amount, for the rest period of contract.
In case, if the offerer fails to complete the contract for collect for collection
of Escort fees after abolition of octroi, then, the MMC will invite fresh tender to
that effect and will encash the bank guarantee to recover the financial loss caused
to be MMC because of breach of contract by the offerer.
14. SUBLETTING / TRANSFER ETC.
During the contract period the Agents shall not enter into
partnership or sublet, transfer, assign the contract or any part thereof in any
manner whatsoever, without the previous written approval of the Corporation. In
the event of agent’s contravening this condition the Corporation shall be entitled
to terminate the contract at the risk/ costs and consequences of the agent. The
agent shall be liable for any loss or damage which the Corporation may sustain
in consequence or arising there from. The agent shall not claim and shall not be
entitled to any loss, damage / compensation from the Corporation because of the
termination of Contract.
15. RELATIONSHIP WITH THIRD PARTIES
All transactions between the agent and Third parties shall be carried
out as between two principals without any reference to, committing or purporting
to commit any act involving the Corporation in any manner. The Agent shall
undertake to make such third parties fully aware that the agents has/have no
authority to bind the Corporation in any manner. The Corporation shall not be
liable for Criminal / Civil accountability or Compensation / Penalty etc. because of
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
any contract / transaction / dealings / act/ omission between the third party and the
agent.
16. REFUND :
The Agents shall refund the amount of octroi to the extent, it is
refundable, under the provisions of The Bombay Provincial Municipal Corporation
Act, 1949 and rules , and the rules, standing orders/ regulations framed by the
Corporation from time to time immediately, if demanded by the importer of goods
and shall not keep the matter of refund pending, till the entire amount of octroi
liable to be refunded to the importers of the goods is refunded. The Bank
Guarantee to the extent of the Octroi amount due to be refunded, shall not be
released to the agent by the Corporation, even though the period of contract is
over.
That the entire responsibility of octroi collection in Malegaon City
during the period of One Year will be that of the agent. The importer shall be
entitled to recover the amount of refund for the said period from the agent through
process of law or otherwise. The Corportaion shall not be liable to refund any
amount to importer which will be the sole liablity of the agent only.
17. SERVICE OF EMPLOYEES OF THE CORPORATION :
In case the agent takes services of employees of the Corporation for
any purpose of the levy, imposition, assessment and recovery of octroi for
performance of the contract, then for the services to be rendered by the employees
of the Corporation the agent shall be liable to pay in advance, to the Corporation
the amount equal to the salary of such employees including all the allowances and
emoluments including contribution towards their salary during holidays if he is
called for the work by the agent on holidays, the allowances which were payable
by the Corporation to the said employee. Similarly, the Agent shall also be
liable to pay the salary of leave period which the employee is entitled to
recover from the Corporation though on leave as per service rules and any such
other facility, payment the employee are entitled under the Act And Rules. But
agent shall not be entit led to demand employees of corporation as per his choice.
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
18. PROSECUTION :
The agent shall report in writing the cases of evasion of octroi to the
Commissioner or officers appointed by the Commissioner on the same day of
evasion of octroi. The Commissioner shall cause the launching of prosecution
against the importer of goods for evasion of octroi only on his satisfaction that
prima facie case of evasion has been made out on the basis of the reports made by
the Agent or his officers.
Out of the amount of fine or penalty, deposited in the court by the
accused as per the orders of the court, the octroi amount payable on the goods will
be paid to the agent as and when received by the Corporation from the Court and
the remaining amount of Penalty/ Fine will be received by the Corporation.
However, Agent shall not be entitled for any money such amount by Corporation
through Court order for cases which were pending on or before the date of
Agreement with the contractor. But court directives pertaining to levy of octroi or
non levy of octroi shall be binding on the agent and shall not be entitled or for any
compensation of or rebate or discount from Corporation for any of above said
directives issued by the Court.
19. CHECKPOST, ELECTRICITY CHARGES, TELEPHONE BILLS :
The agent shall be entitled to increase the number of Nakas with the
permission and sanction of the Commissioner at its own costs. The agent shall be
entitled to make use of the said entrance and exit nakas including the Central
Naka. However, the possession over the same Nakas shall always be that of the
Corporation. The charges of telephones, electricity bills, water charges etc.
installed at the said Nakas shall be paid and borne by the agent every month during
the period of agreement / contract. The Agent shall be entitled to make use of the
existing telephones and existing electric connections at all the Nakas. All printed
forms and registers prescribed by the Act and Rules and required for collection of
the octroi for the said period shall be supplied by the Corporation at the free cost to
the Agent. The Agent may use the furniture / Counter / Cash box/ cupboard racks.
etc. placed in each nakas with proper care and he will liable for loss / damage, if
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
any, caused by him or his employees. The well equipped Central office of the
Agent shall be located near the Corporation Building as far as possible. The list of
Nakas will be given at the time of agreement.
20. SUPERVISON, INSPECTION ETC.
a) The Commissioner or any officers authorised by him in this behalf,
shall have the overall right, authority, control and supervise over the work of
collection of octroi being carried on by the agent/s with a view to ensure that the
work of collection of octroi is carried on legally, smoothly and efficiently and
with out any hindrance to or harassment of importers of goods. The said officer
of the Corporation shall also have the right and the authority to inspect and check
the goods, receipts, books, registers and Accounts maintained by the Agent.
b) The officer of the corporation shall be of the Supervisor grade and he
is empowered whether the Agent is transferring or remitting the amount in
escrow account. He is also e4mpowered that the Agent is using the receipts
provided by the corporation. If it been contravened by the Agent them the Agent
will be penalised with the fine and in repeated contravention the contract will be
terminated.
c) In any circumstances there shall be no default in payment of
installment on the part of the Agent. If it has so happened then the encashment of
Bank Guarantee to the extent of defaulted installment shall be there and the
amount of encashment shall be repaid or remitted within 15 days by the Agent. It
should be observed that the Agent shall not charge the Octroi on the goods which
are exempted as well as the Agent shall not excess charge the excess Octroi. In
contravention the, Agent shall have remit the amount so collected excessively to
the corporation.
Otherwise the Agent will be penalised with fine.
The instruction given by the Commissioner or his authorised officer from
time to time in this regard shall be promptly complied with by the agent. The agent
will be at liberty to appoint his own employees for collection of octroi, who shall
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
be entitled to perform all the duties and functions of octroi officers and all of them
shall be entitled to perform duties and functions similar to that of Octroi Officer
and Supermerintend of octroi as defined under the Bombay Provincial
Municipal Corporation Act. 1949 and the rules framed there under; but shall not
use any statuary powers.
21. ACCOUNTS / SECRET PROFITS
The agent shall keep daily true and correct account of the octroi & escort
fee so collected and submit a copy thereof every forthnight to the Commissioner
or any officer authorised in this behalf. Failure to do so shall make the offerer
liable for Payment of Rs. 2000/- per day for the number of default days.
The Agent shall maintain proper books of accounts as necessary and as per
provisions of The Bombay Provincial Municipal Corporation Act, 1949 and Rules,
standing orders and to keep them properly posted and to duly enter therein all the
accounts of receipts, payments and transaction and all the dealings entered into by
the agent/s during the course of the agency for the collection of the octroi. The said
books of accounts shall not be removed from the Central Naka and shall be open
for inspection during all the days between 10.00 a.m. to 3.00 p.m. by the person
duly authorised by Commissioner in that behalf.
The agent shall handover the entire Receipts Books, Challan Registers,
Collection Register, T.P. Register, Exit Challan Register, Deposit Register,
Godown Registers every month to the Corporation and the same shall remain in
the Custody of the Corporation. Failure to do so shall render the offer liable for
payment of fine Rs. 100/- per day after completion of period of one month of the
submission of above books of account.
The agent shall not make or retain any secret profit or margin during the
collection of the octroi & escort fee. The agent shall not accept octroi without
giving the requisite receipts to the importers. If at any time during the course of
agreement it is found or discovered that agent has or has been indulging in
these kinds of tacties, he shall be liable for criminal prosecution. The Corporation
shall also be at liberty to cancel the agreement by giving show cause notice of one
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
month to the offerer and after hearing his say the Corporation shall be entitled to
recover all the losses or damages from the agent by encashing the Bank- Guarantee
/ Security Deposit.
22. REBATE
The Agent shall not be entitled to any compensation, rebate or reduction in
the contract amount quoted by the agent in his offer whatsoever on the ground that
there is closure of market or the strike by the merchants, transporters or
shifting of market by business or Association of Merchants outiside the limits of
the Malegaon Municipal Corporation, Malegaon or natural calamities, riots
otherwise or for any other reasons there is decrease in volume of busineess or
collection of octroi or for any reason whatsoever. It is made clear that the
Agent shall not be entitled to claim any rebate, compensation, reduction in the
contract amount or deferment of the instalment on any ground whatsoever and
same shall not be the subject matter of dispute between the Agent and Corporation
and this is the essence of contract. The contract shall be liable to be terminated by
the Corporation because of non payment of fortnightly instalments or for delay in
payment of forthnight instalment without assigning any reason.
23. SECURITY DEPOSIT
i) Agent shall furnish a Bank Guarantee of Rs. 10,91,63,750/- (Rs. Ten
Crores Ninety One Lac Sixty Three Thousand Seven Hundred Fifty Only) each in four equal part of which shall be of Rs 2,72,90,938 /- (Two Crores Seventy Two Lacks Ninety Thousand Nine Hundred Thirty Eight Only) i.e. each part drawn on any Nationalised Bank in the prescribed form only as and by way of security deposit within 8 (Eight) days of the acceptance of offer or before entering into contract. In the event of failure to comply with this condition the acceptance of the offer of Agent shall be liable to be cancelled at his own risk and cost of the Agent/ and subject to such other rights and remedies as may be open to Corporation under the terms of contract and law. The said deposit will not carry and interest whatsoever from the Corporation.
ii) The Bank Guarantee shall be furnished by the Agent for the period of
Eighteen month so that any amount of octroi duty found to be refundable under
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
the provisions of the said Act, and Rules, is refunded to the importers of goods,
then the Bank Guarantees in the form of Security Deposit shall also be held
by the Corporation, as security for the performance of all the terms, conditions
and provisions of the contract, and that in case of defult on the part of the agent
to perform and observe any terms of the said contract, covenants, conditions or
provisions or in the event of termination of the contract by the Corporation on any
ground under any clause, then it shall be lawful for the Corporation to forfeit the
whole or any part of the security deposit without prejudice, to any remedy that
the Corporation may have against the Agent under the contract for such breach
and the Corporation shall be entitled to encash the Bank Guarantees forthwith
and to appropriate the security deposit or any part thereof or towards the
satisfaction of any claim of the Corporation for any damages / loss/ costs/
compensation charges/ or expense/ or otherwise, including nonpayment of
forthnight installments whatsoever. The decision of the Corporation in respect
of the these matters shall be final and binding on the agent.
iii) In case of the due compliance with all the obligations and the
requirement or terms and conditions of the contract by the agent the Corporation
shall not claim Bank Guarantees or such part thereof which are not forfeited or
appropriated as aforesaid. In case all the claim and refund claim against the agent
is not settled before the period of expiry of the Bank Guarantee then it shall be
binding on the agent to extend the bank guarantee for a period of another six
month on demand from the Corporation.
iv) Experience has shown that in some cases, it takes three weeks to procure
Bank- Guarantees. In such an event if the offerer chooses to deposit in cash, an
amount equivalent to 10% of accepted tender amount, the Agent may be allowed
to start collection work for one month only, If during said period the agent fails to
submit the Bank Guarantees, the agency shall be terminated on the last day of the
month, and amount of deposit shall be forfeited. During period of this one month
the agent shall pay forthnight payment of octroi & escort fee as per terms and
conditions. In case of failure to remit the said amount in time, during any
forthnight agency shall be instantly terminated and deposit amount shall be
forfeited. The above arrangement shall not be continued in any case beyond
period of one month.
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Malegaon Municipal Corporation Malegaon
24. SUMMARY TERMINATION :
a) In any of the following events, contract shall stand terminated forthwith
without any notice to the Agent, without prejudice to any rights of Corporation
under the Contract to claim any sum or otherwise if the agent/s being the natural
person / persons/ dies /die or being natural person or partnership firm is
adjudged as insolvent or commits any act of insolvency or being a limited
company ,is ordered to be rounded up or makes any arrangement with its creditors
b) TERMINTATION : The contract may be terminated by the
Commissioner because of non payment or delay in payment of forthnight
instalment or delay in or not furnishing deficit bank guarantee in place of forfeited
or encashed bank guarantee
25. DISCRETION AS TO DEFERMENT OF INSTALMENT
However, it shall be the absolute discretion of the Commissioner to
postpone the payment of the installments by three working days or such other
days in exceptional circumstances and in that event, the agent/s shall be liable to
pay to Corporation an interest at the rate of 20% per annum on the amount of the
installment so default from the date of default till the payment of that installment
which shall not be exempted in any circumstances.
However the payment of installments be remitted to the MMC on the fixed
last day of every forthnight during the Bank transaction hours.
26. RECOVERY OF ADVANCE AMOUNT FROM IMPORTER
The agent shall not be entitled to recover any advance amount from
the importer of the goods. The octroi shall be imposed, assessed, levied and
collected only on the goods which actually are imported within the limits of the
Corporation or the Octroi limit.
27. LABOUR / EMPLOYEES
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
a) The agent shall not employ any employee in connection with the works
of collection of octroi & escort fee any person who is minor. While appointing the
contract labour the following conditions shall be the conditions precedent,
(i) Contract labour permission of Govt. Labors Officer.
(ii) Not appointing of Child labours.
(iii) Miniumum wages to the labours.
(iv) Provision of security of labours.
(v) To obey all the conditions & provosion of Labour Acts.
b) The agent shall furnish to the Municipal Commissioner, information on
the various categories of labour/ employees/ officers employed by him in the
prescribed form and at such intervals as may be specified. The agent shall issue
identity cards to all his employees, and the said card shall be countersigned by the
Octroi Superintendent Officers of the Corporation.
c) The agent shall provide uniforms and Batches to his employees/
Officers as per directions given by the Commissioner/ or his authorised officer
d) The agent shall in respect of labour employees/ officers employed by
him, comply with or cause to be complied with the provisions of the vaiours
Labour Laws and Rules and Regulations as applicable to them in regard to all the
matters provided therein and shall Indemnify the Corporation in respect of all the
claims that may be made against the Agent to Corporation for non compliance
thereof by the Agent.
e) Notwithstanding anything contained herein, the Municipal
Commissioner, may take such action and issue such instructions as may be
necessary for compliance of the various Labour Laws and recover the costs thereof
from the agent.
f) It is the responsibility of the Agent to obtain the License in accordance
with the Rules and provisions of Contract Labour (Regulation and Abolition) Act,
1970 or under any other law that may be applicable and the Corporation shall not
be liable for any contravention of the said laws by the Agent, who shall solely be
responsible for such contravention.
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Malegaon Municipal Corporation Malegaon
g) The agent shall, on the written directions of the Municipal
Commissioner, immediately remove from the work, any person, employed
thereon, who may in the opinion of the Municipal Commissioner or officer on his
behalf has misconducted himself. Such person shall not be employed again on
works without the written permission of the Municipal Commissioner.
h) In the event of the Agent commits a defult or breach of any provisions of
Labour Law and Rules and Regulations or any of the law as applicbale to
employees/ officers, the agent shall only be solely liable/ responsible under those
Act and the Corporation shall not in any way be responsible for the same.
i) The agent shall, provide sufficient illumination at all the nakas during
night with necessary High mask lighting at central Motibagh Naka with all fixture
and fittings. The same shall after the expiry of contract period shall the become
the property of the Corporation. The agent will not be able to remove them or
claim any compensation for it.
j) The agent shall provide pure drinking water and sanitation facility,
including toilets, for the employees working at all the nakas.
28. ACCIDENTS
a) It shall be the Agent’s responsibility to protect against accidents on the
works and the agent shall be responsible/ liable to pay the damages/ compensation/
any amount awarded under any Act for any accident/ injury during or in the course
of employment. He shall indemnify the Municipal Coropration against any claim
for damage or for injury to persons or property resulting from and in the course of
work and also under the provisions of the Workmen’s Compensation Act. In case
the Corporation is made to pay any such amount of compensation, it shall be
entitled to encash the said amount form the Security deposits incase of agent’s
failure to indemnify the Corporation.
b) On the occurrence of the accident arising out of the works which results
in death, or which is so serious as to be likely to result in death the agent shall
within twenty four hours of such accident, report in writing to the Municipal
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Malegaon Municipal Corporation Malegaon
Commissioner, the fact stating clearly and with sufficient details the circumstances
of such accident and the subsequent action. All other accidents on the works
involving injuries to persons or damages or property other than that of the agent
shall be promptly reported to the Municipal Corporation, stating clearly the
accidents and the action taken. In all cases the agent shall indemnify the
Municipal Corporation against all losses or damages resulting directly or report in
the manner aforesaid. This includes penalties or fines, if any payable by the
Municipal Corporation as a consequence of failure to given notice under the
Workmen’s Compensation Act or failure to conform with the provisions of the
said Act in regard to such accidents.
c) In the event of an accident in respect of which compensation may
become payable under the Workmen’s Compensation Act, (VIII of 1923)
including all modifications thereof, such compensation shall be payable by the
Agent only and the Corporation shall not be liable for any claim penalty under
any circumstances.
29) INSURANCE
The agent shall take out insurance for all the Naka Buildings, Offices and
Godown of Octroi, goods kept in custody for verification, alongwith the
furniture & records for a total amount not less than Rs. 1,00,00,000/- (One Crore
only) and reimburse the claim amount of the Corporation or importer of goods for
the loss caused to the Corporation, as the case may be. Goods taken in the custody
of the Agent for non payment or evasion of octroi shall be kept by the Agent in
his custody or his warehouse if any but immediately shall be shifted in the
custody/ control or in the warehouse of the Corporation for further safe custody.
30. DISPUTE :
In case of any dispute, arising out of contract the same shall be referred to
Commissioner MMC as a Arbitrator and his decision shall be final and binding on
the Agent and the appeal against the decision of Commissioner in case of any
dispute shall lie finally before the Government in Urban Deveopmnent
Department.
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Malegaon Municipal Corporation Malegaon
If the agent is dissatisfed with the decision, of the commissioner he shall
prefer an appeal before the Govt. in Urban Development Dept. Mumbai within a
period of 30 days from the receipt of the final decision, failing which the decision
of the Commissioner shall be conclusive and final and the same shall not be called
in question. If no appeal in received within the time limit of 30 days from the date
of decision of the Commissioner no appeal shall be entertained by Government,
on the ground of limitation.
In any case no arbitrator shall be appointed for any dispute.
The offerer shall be bound by the amount offered by him and accepted by
the Municipal Corporation . In short the octroi agent shall not raise any dispute on
any account in respect of fixation of minimum offer amount by the
Municipal Corporation.
The Municipal Corporation shall have the authority to allow current account
facility to any individual, industry, or organisation (existing or new) as per
provision of The Bombay Provincial Municipal Corporation Act, 1949. The
amount of deposit shall be remitted to the M.C. and not to octroi- agent.
forthnightly adjustments against the octroi leviable on the goods imported by
such current Account holder shall be forwarded monthly to the Municipal
Corporation in prescribed form by the account holder and a copy of the monthly
statement will be send to the agent. The agent shall verify the monthly
statement of account and forward it after verification and comments to the
Municipal Coroporation, within 4 days from the date of its receipt, failing which
verification by the octroi agent shall be presumed by the Municipal Coroporation.
The appeal in respect of any dispute shall lie to the Municipal
Commissioner and lastly to the Government.
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Malegaon Municipal Corporation Malegaon
31. TENDER DOCUMENTS :
The Octroi agent will be bound to levy octroi & escort fee as per the
schedule of rates fixed by the Municipal Corporation No decrease in the octroi
rate and no partial or full exemption on any new article shall be admissible.
Similarly no increase in the octroi rates shall ordinarily be made . In case of any
dispute relating to the schedule of rates fixed by the Municipal Corporation those
contained in the schedule accompanying the octroi rules, the decision of the
Commissioner shall be binding on the octroi agent. The octroi agent shall have no
authority to levy octroi of any article not included in the Corporation schedule
or increase or decrease the rate of octroi rate, on any of the articles contained in
the Councils schedule. The Municipal Corporation shall have authority, as
provided in the Act or Rules to grant full / partial exemption in respect of any
article to be imported by any new Industry or Organisation. In case the octroi agent
levies octroi on the goods not included in the schedule / levies octroi on goods on
which octroi was not levied by the Corporation immediately prior to the
appointment of the agent or levies octroi at increased rate or levies octroi on
exempted goods or levies octroi at full rate on partially exempted goods, the entire
amount collected by the agent in this manner shall be fully remitted to the
Municipal Corporation on the very day and such amount shall not be taken into
account for purpose of computing forthnight payment by the octroi agent. In
other words the entire amount so collected shall be the income of the Municipal
Corporation and the octroi agent shall have no relief in amount of forthnight
payment on this account.
b) The Government / Semi Government organizations and such other
organizations , who were enjoying the credit facility in the matter of octroi
payment prior to the date of appointment of the octroi agent shall continue to enjoy
the facility. It shall be responsibility of the octroi agent to persue the payment of
octroi amount by such organisations . The Municipal Corporation may however,
extend necessary co-operation in the matter to expedite the payment of octroi by
the said Organisations. The octroi agent cannot claim any interest or adjustment in
the forthnight payment against any such delayed payment by such organisations.
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Malegaon Municipal Corporation Malegaon
c) In the event of the octroi agent levying octroi on the goods imported
by the Central Government, which are exempted under the Constitutional
provisions, the entire amount is refundable by the octroi agent within 8 days after
the order to do so by the Commissioner of the Municipal Corporataion.
d) No agent will be allowed to start collection of octroi untill, the Bank
Guarantees for the appropriate amount are furnished and the agreement is entered
into, except as provided elsewhere.
e) In the event of termination of agency due to delay in payment of
forthnight amount or any such reason in excess of permissible limit / period
(Except under the specific permission of the Govt.) or in the event of the agent
relinquishing the agency for any reason the Municipal Corporation shall forfeit the
entire amount of Bank Guarantee furnished by the Agent.
f) If any bidder withdraws his bid for any reason , the entire amount
of earnest money deposited shall be forfeited.
g) The agent shall raise no dispute regarding minimum offer
amount, even if there is mistake in the calculation (due to any reason) by the
Municipal Corporation.
h) The amount of earnest money shall be 1 % of the minimum offer
amount and shall stand fully forfeited in case the offerer withdraws his offfer for
any reason after submitting tender papers before or after opening of the tenders.
The earnest money shall be refunded, within 8 days the octroi agency is finally
fixed to all offerers, including the offerer whose tender is accepted and agreement
is entered into.
i) If the offerer chooses to deposit in cash an amount equivalent to 10
% of the accepted tender amount he may be allowed to start collection work for
one month only. If during the said period the agent fails to submit bank guarantees
the agency shall be cancelled and 10 % of amount deposited shall be forfeited. In
case of failure to remit the forthnight amount in time during any forthnight the
agency shall be instantly terminated and the deposite amount forfited. A simple
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Malegaon Municipal Corporation Malegaon
Memorandum of Understanding on the stamp paper of requisite denomination in
the form prescribed and enclosed, shall be entered, before making the above
arrangement.
j) If Government auditor raises any objection during the course of audit
of corporation the agent shall remove those objection during his period or even
after completion of period of collection of octroi. This term is binding upon the
agent
k) The guidelines of Govt. circular No Octrio- 2011/pra-kra 11/Nvi.34,
Mantralya Mumbai- 32, dt. 19 April 2011 is the part and parcel of the tender
process and agreement therefor.
32. ESCORT PASS FEE :
The agent shall collect Escort fee at the rates determined and fixed
by the Muncipal Corporation of Rs. 100 (Rs. Hundred only) form the vehicle/
which loaded dutiable goods imported for immediate export in Muncipal limits.
The Escort fee shall not be collected from the passenger vehicles, Car, Jeep, Empty
Vehicle & Two wheeler.
33. TENDER AMOUNT
The Tenderer should offer the tender amount inclusive of Octroi
offer price and Escort Fee. And he should not quote both amount separately. They
should furnished only one consolidated amount of both offers.
34. CLAUSE, LEGAL JURISDICTION :
The legal Jurisdiction for purposes of dispute of any matter in this
agreement shall be the District of Nashik and Mumbai only.
COMMISSIONER
MALEGAON MUNICIPAL CORPORATION MALEGAON
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL CORPORATION AND THE OCTROI & ESCORT
FEE AGENT.
Whereas, the octroi agent has stated in writing that he should be allowed to start the octroi & escort fee collection work w.e.f.
AND
Whereas, he has requested in writing for extension in the prescribed period for submission of bank guarantee by one month upto. This M.O.U. that 1) The agent first remits in cash an amount equivalent to 10 % of the accepted tender amount in the Municipal Corporation II) In the event of failure to submit bank guaranteed within the said one month
upto---------------the agency would automatically stand terminated on--------------------and the entire amount of deposit made as at ( I ) above and earnest
money would stand forfeited. III) In case of such termination of agency, no claim for compensation or conten tion by the agent, on any account or reason is entertainable. IV) The amount of earnest money and the said deposit should be refunded in
full if the agent submits bank gurantee by or before the said date viz.-------- Witnesses Name, Seal, and signature of the agent ---------------------------- ------------------------------- Name : _____________________________________________
Signature Name : _____________________________________________ Signature of the Commissioner Name, Seal, and Signature for Agent Name : _____________________________________________ Signature Name, Signature for Commissioner (The original M.O.U. to be with the Commissioner)
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Malegaon Municipal Corporation Malegaon
FORM OF OFFER
(to be submitted in sealed cover with superscription)
OFFER FOR APPOINTMENT AS AGENT FOR OCTROI & ESCOFT FEE
COLLECTION).
From
Full Name :-------------------------------------------------------------
(In Capital Letters) :
Age. :-------------------------------------------------------------
Address :-------------------------------------------------------------
-------------------------------------------------------------
--------------------------------------------------------------
( i ) Telegraphic Address :-------------------------------------------------------------
(if any)
( ii ) Telephone Number :-------------------------------------------------------------
( iii) Telex Number :-------------------------------------------------------------
(iv) Mobile Number
( v ) Fax No. :-------------------------------------------------------------
TO THE COMMISSIONER MALEGAON MUNICIPAL CORPORATION MALEGAON DIST- NASHIK Sub :- Offer for appointment as agent for collection of octroi, imposed and levied
by Malegaon Municipal Corporation, for consunption use and sale etc and collection escoft fee therein for the period for Only One Year
Sir, Pursuant to the Notice No.--------------------------date---------------------- issued by the Commissioner, Malegaon Municipal Corporation appointment of an agent
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Malegaon Municipal Corporation Malegaon
for collection of octroi & escoft fee I/we hereby submit my/our offer for being appointed as your agent for a period for Only One Year for collection of octroi & escoft fee as per rate, laws, rules and orders issued by Govt./ Corporation I/we offer sum of Rs. (Rs--------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------) for octroi & escort fee collection of octroi within the limits of Malegaon Municipal Corporation I/ we have carefully read and under stood terms and conditions of offer for being appointed as your agent for the aforesaid purpose and also the terms conditions of the contract and in token of my having read them carefully I/ we have enclosed and copy of each of the same ( each page) and I / we hereby agree to duly abide by them. I/ we agree to keep my/our this offer open for acceptance by the Corporation upto---------------------------I / we shall be bound by the communication of acceptance of this offer by the Corporation within the aforesaid time. As required by the terms and conditions of offer I / we send herewith the earnest money deposit of Rs.1,09,16,375/- (Rs.One Core Nine Lacks Sixteen Thousand Three Hundred Seventy Five only ) by receipt No.--------------------------of Book No.-----------------------dated---------------------------------of the Municipal Corporation Malegaon. In the event of my/our this offer being accepted the Corporation I / We agree to duly furnish the Security Deposit of Rs.10,91,63,750/- (Rs.Ten Crores Ninety One Lac Sixty Three Thousand Seven Hundred Fifty Only) in the form of Bank guarantees and execute the agreement in the prescribed form within the period prescribed therefore. In case Municipal Corporation so desires , I / we also agree to remit the said amount of security deposit by means of more than one bank guarantee each for small amount as may be specified by the Corporation. The names and address of the partners of our firms / directors of our company are as follows :-
NAMES ADDRESS
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Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
A Copy of our current Deed of partnership duly attested by the S.E.M. Gazatted Officerof Central / State Govt. is enclosed Original Deed of partnership if needed will be presented any time the Corporation is desires. Our Company is a Private/ Public Limited Company registered under the Indian Companies Act 1956. The Companies Act 1956 or Trust or Society and its registered office is situated at------------------------------------------------------------------ A copy of the print of memorandum and Articles of Association of our Company duly attested is true as above is enclosed. I enclose a copy of the authorisation issued by the firm / company / trust to sign this and other documents relating to this offer of appointment as agent.
Yours Faithfully,
SIGNATURE OF OFFERER
Capacity in which signing
SEAL (In case of Firm, Company or Trust etc.
Name
Address Date /06/ 2012