HIMACHAL PRADESH STATE FOREST
DEVELOPMENT CORPORATION LIMITED
CONDITIONS FOR
THE AUCTION/SALE OF TIMBER IN H.P. STATE FOREST DEVELOPMENT
CORPORATION LIMITED TO BE HELD AT HIMKASTH SALE
DEPOT___________________ ON _______________.
1.
This auction sale is being held on behalf of the H.P. State
Forest Development Corporation Limited (hereinafter to be called
as Corporation) for the timber and/or Forest Produce in Hamkasth
sale Depot_____________ on this ________________.
2.
GENERAL CONDITION:
2.1
The timber is auctioned on the basis of ‘AS IT IS WHERE IT IS
AND IN WHATSOEVER CONDITION IT IS’.
2.2
The bidder(s) shall be deemed to have inspected the lots. The
bidder(s) accepts/accept as correct the lot, kind measurement,
classification and calculation of volume of timber put for sale
and as given in the sale lists and depot records. Any clerical
mistake in the lists will of course be corrected and payment
will be due/received accordingly.
2.3
In case of any doubt re-measurement of timber, can be requested
within one week of auction on depositing 1 % of the highest bid
amount. If the variation is up to 3 % in volume of the total
scants in the whole lot(s), no change will be made
in the measurement and the amount of 1% deposited shall be forefeeted. If the variation is more than 3 % rebate/ credit for
the short fall in volume on the basis of volume auctioned in
the lot shall be given and the amount of 1% deposited shall be
refunded.
3.
AUTHORISATION OF BID
The auctioning
Authority shall have the right to check whether any particulars
bidder is duly and properly authorized by the firm for whom he
is bidding and reserve the right to permit bidding or not by any
individual/ firm at his sole discretion.
3.1
The purchaser (s) who is /are found have indulged in any kind
of malpractice in the HSD at any stage directly or in connivance
with the staff of HPSFDC, will be debarred from participating in
any future auction of timber conducted by HPSFDC.
4.
BID
"The bid by the
bidder shall be inclusive of all taxes whether VAT as
applicable and TDS (except Surcharge and Education cess
thereon) under section 206–C read with Section 44 AC
of the income Tax Act 1961 and Market fee @ 1% (one
percent).
Provided that it
is clearly understood that the purchase price shall be the bid
amount as reduced by the element of VAT, Market Fee and
TDS (except Surcharge and Education cess thereon) therein and any acceptance of the offer on the spot or
subsequently by sanction as hereinafter stated shall be for such
reduced amount which shall constitute the consideration of the
sale.
Provided
further that the Auctioning Authority shall announce on the spot
the purchase price payable, the VAT, Market Fee, TDS, Surcharge
and Education cess thereon as applicable to be
deposited as stated above".
5.
DURATION OF BID
Bid once
offered shall remain open for 30 days from the date of auction.
The Auctioning Authority without assigning any reason may not
accept any final bid given at the time of the auction in which
case the earnest money referred to in clause –8 shall be
refunded forth with.
6. The Auctioning authority reserves the right to withdraw, combine
or split any lot specified in the sale list.
7. ELIGIBILITY DEPOSIT:
7.A
"PAN Eligibility: Every bidder must have a PAN
number. Its proof be produced. A photo copy of PAN number be
submitted to Divisional Manager Himkasth Sale Depot before
bidding. Those who do not supply this cannot participate in the
auction".
7.1 The
intending bidder(s) is / are required to deposit a sum of Rs.
5000/- or more at the discretion of the Auctioning Authority to
become eligible for bidding in the auction sale. Those who do
not deposit this amount can not participate in the auction
sale.
7.2 MODE
OF PAYMENT: The eligibility deposit may be paid in cash or
by demand draft in favour of the Corporation.
7.3 ADJUSTMENT:
The eligibility amount may be adjusted against the purchase
price in case of successful; bidder at his request.
7.4
REFUND: The eligibility deposit shall be refunded
to such bidder(s) who are not liable to deposit any earnest
money.
7.5
FORFEITURE: If the highest bidder does not deposit earnest
money at the fall of hammer or within such extended period as
the case may be, eligibility deposit shall stand forfeited for
the HP State Forest Development Corporation Limited.
8.
EARNEST MONEY DEPOSIT
8.1 The earnest
money deposit payable by the highest bidder(s) shall be 10% of
the total purchase price. The Auctioning Authority may, however
raise the earnest money during the auction at his discretion.
8.2 In
respect of “C” Class timber and resale lots, 30% of the total
sale amount will be realized as earnest money.
8.3 TIME
OF PAYMENT OF EMD: At the fall of hammer, the highest
bidder(s) shall deposit the earnest money in cash or by bank
drafts. Pay order/Banker cheque of local station (Where HPSFDC
or concerned HSD has a Bank Account) shall also be accepted. Any bidder(s) who gets his/their eligibility deposit adjusted
against the earnest money due from him/them, shall not bid for
any other lot(s) unless he/they has/have made a fresh
eligibility deposit.
8.4
EXTENSION FOR PAYMENT OF EMD: The Auctioning Authority may
at his discretion allow the earnest money in whole or part to
be deposited within two days of the date of auction instead of
at the fall of the hammer without charging any extension fee.
8.5 The
Divisional Manager/ Depot Officer may allow a further extension
of 7 days from the date, of auction for deposit of earnest money
extension charging @ 50% P.A on earnest money deposit unpaid.
8.7 FORFEITURE:
In case of highest bidder fail to pay the total bid money/
price within the specified period or within such extended
period as the case may be, the earnest money deposit shall stand
forfeited to the HPSFC and the HPSFC shall have the
right to re-sell/ re auction the said lot.
9. MODE OF PAYMENT:-
All demand drafts shall be on any
scheduled bank in favour of HP State Forest Development
Corporation Limited and payable either at Shimla or the nearest
Town/City/Village where the Himkashth Sale Depot has a bank
account. Pay Orders/Banker Cheques of local station (where
HPSFDC or concerned HSD has a Bank Account) shall also be
accepted. The successful purchasers shall tender one Bank Draft
towards sale price payable either at Shimla or the nearest
Town/City/Village where the Himkashth Sale Depot has a bank
account. The other Bank Draft towards taxes/market fee shall
be payable only at nearest Town/City/Village where the
Himkashth Sale Depot has its bank account drawn in favour of the
H.P. State Forest Development Corporation Limited.
10
SANCTION OF BID:
The date of
sanction will be the date announced by the sanctioning authority
on the spot or the date mentioned in the telegram to the
President of Timber Merchant Association at Yamuna Nagar/
Pathankot as well as the Divisional Manager/ Depot Officer
concerned. Provided that such sanction shall always be subject
to condition of deposit of the income tax due from the
purchasers as per the provision of section 44 AC read with
section 206 C of Income Tax Act, 1961 along with the sale
proceeds. Provided further that the deposit of Income Tax
payable by the Purchaser within the stipulated time as
aforesaid, shall be a condition precedent to the sale and
failure to do so shall be deemed to constitute retraction of the
bid by the bidder and make him to liable the forfeiture of
earnest money deposit and give the Corporation the right to
re-auction the resiled lots afresh.
11. PAYMENT
OF THE PURCHASE PRICE TIME OF PAYMENT:
11.1 The
purchaser (s) shall pay the price of timber purchased within
55 days of sanction as stated in para 10 above and shall also
lift the entire timber sold to him /them within this period of
55 days.
11.2
Director (marketing) may under exceptional circumstances and on application by the purchaser (s) allow and extension
in making the payment up to 30 days as he considerers fit on
the payment of interest @ of 27% P.A. on the belated amount in
the manner prescribed for making the payment.
11.2 (a)
Beyond the period specified in 11.2 Executive Director may give extension in period of payment on payment of
interest @ 2.5 % PM on belated payment.
11.3 PART
PAYMENT AND REMOVAL: While applying for extension under
clause 11.2 the purchaser will deposit 10% of the total sale
value of the timber purchased by him with the concerned
Divisional Manager to qualify for extension beyond 55 days. The
Divisional Manager may recommend the extension with 27% interest on the belated sale amount in the manner prescribed
for making payment. This 10 % security amount will be adjusted
against the value of the total timber purchased by the bidder at
the time of making final payment of the timber purchased.
However, if he fails to make the payment within the extended
period, the amounts so deposited by him will be forfeited to the
Corporation and no further extension will be granted.
11.4 If
the entire payment of the sold lot of timber is make within 45
days from the effective date of sanction, the rebate will be
allowed following rates:-
REBATE;
1. If payment is made within 15 days
= 5%
2. If payment is made within 30 days
= 4%
3. If payment is made within 45 days
= 3%
11.5 MODE
OF PAYMENT: Payment of sale price within the period of 55 days shall be made by crossed demand drafts only drawn
as stated in para supra.
11.6 GRACE
PERIOD: In case of payment by demand draft as stated in para
11.4a grace period of 3 days will be allowed for receipt of the
drafts at Sale Depots, provided the date of issue of the demand
draft is within the period specified above. In case the last day
on which any payment is to be made to the Corporation is a
holiday either in the Himkashth Sate Depot of the Corporation or
in the Banks in HP Punjab and Haryana then the date shall
automatically stand extended to the next working day.
11.7 ADJUSTMENT
OF EMD: The earnest money deposit for a particulars lot will
be adjusted only when the final payment of the lot is made by
the purchaser in the period mentioned above.
11.8 FAILURE
TO PAY: In case any purchaser fail to pay the whole or in
part the price for the sold lot within the prescribed time of 55
days as stated in sale condition 11.1 above and the
timber is not lifted by the party within the stipulated period
as well as within extended period covered under the sale
condition NO. 12.3 and 12.4. the entire earnest money or
purchase price received shall be forfeited and the Corporation
shall have the right to resale the timber.
12 EXTENTION TIME FOR LIFTING:
12.1 The
purchased timber shall be lifted only against a release permit
issued by the Depot Officer.
12.2
PERIOD FOR LIFTING: The purchaser shall lift the purchase
timber within 55 days from the date of sanction. However, if
after full payment of the lot has been made and the entire
quantity can not be lifted for want of Truck load, such timber
may be allowed to be kept in the Depot upto the 20 days after
the date of next auction without any Depot rent. The quantity
which may be detained under this concession will not be exceed
8m3. In case the purchaser fails to lift this timber within the
period specified above, depot rent as provided herein after
shall by payable from the date of expiry 55 days from the date
of sanction in respect of that lot.
12.3 EXTENSION
OF 30 DAYS: The Divisional Manager or Depot Officer may
allow extension upto 30 days beyond the time specified for
lifting in clause in 12.2 above on payment of Depot rent @ 22%
P.A on pro rate value of timber and unlifted.
12.4 FURTHER
EXTENSION: The Director (Marketing) may under exceptional
circumstances and on an application by the purchaser allow a
further extension for 30 days or payment of Depot rent @ 22%
P.A. on the pro rata value of un-lifted timber. Director
(Marketing) may give further extension on charging depot rent @
3% per month. No extension will be granting in respect of C
Class timber beyond the period as mentioned in condition
12.3.
12.5 STACKING:
All timber as per para 12.2 to 12.4 at the discretion of the
Depot Officer/ Divisional Manager will be removed and
stacked in a separate portion of the depot at the cost of
purchaser. Such cost will be deposited in cash before
the issue of the release order by the Depot Officer/ Divisional
Manager.
13
PALTAI:
Paltai of
timber of the sold lot may be allowed to the purchaser provided
this is done in the presence of Divisional Manager/ Depot
Officer and no disturbance is caused to the adjoining stacks
and the full payment of the stacks in question has been made.
14
RESTRICTION OF SALE ETC:
No purchaser
shall sell timber purchased by him to another party while such
timber is lying in the Corporation depot. No sawing or
conversion of timber is to be permitted in the depot premises
under any circumstances what so ever.
15
CONDITION FOR REMOVAL:
No timber
shall be allowed to be removed from the sale Depot without the
issue of proper release order to be issued by the Depot
Officer as per Corporation rules and without timber having been
marked with export sale hammer and presentation of the release
order, challan and Gate pass as per Corporation Rules&
Regulation in force from time to time.
16
ARBITRATION:
All or any
dispute arising out of the auction sale of interpretation of
any of the sale condition contained herein shall be referred to
the Managing Director, HP State Forest Development Corporation
Limited and his decision shall be final and binding on the
purchaser.
17.
JURISDICTION:
Court
proceeding if any connected with the sale shall be subject to
the jurisdiction of Himachal Pradesh Courts only.
18.
The auction sale in HSDs are subject to such restriction
as may be imposed by the Govt. of H.P. from time to time.
19.
These conditions of sale shall also from the terms of the
Agreement Deed between the seller (HPSFDC) on the one side and
buyer on other side.
AUCTIONING AUTHORITY
Certified that
I/We heard/read and understood the above conditions of sale in
respect of timber put to auction as announced on the day
time and timber and place mentioned above and sign with my/our
own hand(s) in acceptance thereof and will abide by these.
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