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GOVERNMENT OF PUNJAB

DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS

ANAJ BHA VAN, SECTOR 39-C, CHANDIGARH

-----------·-·--------------------------------------------------·~---------------------------------------------------THE PUNJAB LABOUR & CARTAGE POLICY 2019-2020

The Government of Punjab tlu·ough its Food Procuring Agencies and the Food

Corporation of India procures food grains (mainly paddy and wheat) on behalf of the

Government of India, from various purchase centers situated in the State of Punjab. Labour

operations in the godowns (including P.E.G) and cartage of food grains from mandis to various

storage points situated up to 8 KM from such mandi(s)/purchase centre(s) , is carried out by

various Labour and Construction societies. contractors and other labour entities on the basis of

contracts awarded through competitive tenders.

In order to set out the processes for such activities the tender and award of such

contracts, the State of Punjab formulates the following policy:

l. Extent and Short title:

(a) This policy shall be called as "The Puqjab Labour & Cartage Policy 20 19-2020".

(b) It shall be applicable to all State procurement agencies in the State of Punjab &

Food Corporation of India (FCI), involved in procuring of foodgrains for the

Central pool or the State pool.

(c) It shall be applicable to all labour operations and cartage works (as defined)

carried out at storage centres, rail heads and PEG godowns.

2. Definitions: - In this policy. unless the context otherwise requires. the following

terms and expressions shall have the following meanings assigned to them, that it to

say--

(a) "Agreement" means an agreement executed between the successful tenderer

and the procurement agency, in the fonn as issued/prescribed under this policy

by the Department.

(b) "Appellate Authority" means the Principal Secretary, Food. Civil Supplies

and Consumer Affairs Punjab as set out in Clause 1 7(b ).

(c) "Bankrupt/ Insolvent" shall have the same meaning as has been defined in

Section 79(3) of The Insolvency And Bankruptcy Code, 2016

(d) "Cartage" means the carriage of food grains, gunny bales/bags and other like

stock articles (like Tarpaulins. crates etc.) from mandis to storage points or

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from any place to any place within 8 km distance of such mandis(s) and /or

storage places(s).

(e) "Competent Authority" means the Director Food. Civil Supplies and

Consumer Affairs Punjab, in the Department and would include any other

officer so appointed or declared as 'competent authority' by him/her.

(f) "Commission agent" means the Katcha artiya as defined in The Punjab

Agricultural Produce Markets ( General) Rules, 1962.

(g) "Contractor" means the successful tenderer who has executed an agreement

as detlned in sub Clause (a) of this Clause, with the procurement agency(ies).

(h) "Department" means the Department of Food. Civil Supplies and Consumer

affairs. Government of Punjab.

(i) "District Tender Committee" means the Committee as formed under Clause

9 of thi s policy.

(j ) "Labour-charges" means charges payable fo r labour operations as defined in

sub Clause (k) of this Clause carried out or to be cmTied out by the contractor

in relation to food grains and/or stock articles at rates fi nalized.

(k) "Labour Operations" includes all the operations given in the PR-66 (Mandi

Proforma) issued under this policy

(I ) "Labour and Construction Society or L&C Society" means the Primary

Cooperative Labour and Construction Society. registered as such under the

Punjab Cooperative Societi es Act 196 1.

(m)"Labour rates" means the rates prescri bed in PR-66 (Mandi Proforma) issued

under this policy.

(n) "Member" means the member of the cooperative society as defined in the

Punjab Cooperative Societies Act. 196 1 or a Worker Management

Committee, as the case may be.

(o) "Person of Unsound Mind" means an adult who. fro m intirmity of mi nd is

incapable of managing himself or his affairs.

(p) "Procurement Agency" means any Government or Semi-Governm ent body.

Corporation or Cooperative body. \Vhich has been authorized to procure food

orains on behalf of Government of India for Central Pool or for the State c

pool/scheme of the Central Govemment or the State Govern ment as the case

may be. These shall be coll ectively or plurally refe rred to as procurement

agenc1es.

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(q) "Successful Tenderer" means a qualitled tenderer. who has been awarded

tender to perform labour operations and/or ca11age work as the case may be.

by the District Tender Committee.

(r) "Tender form" means the form or application designed for the submission of

e-tenders under this policy on the e-p011al of the Department for such purpose.

(s) "Tenderer" means any person, persons or group of persons or body corporate

including a L&C Society or a WMC who participates in the e-tender process

under this policy for seeking award of an agreement for carrying out labour

operations and/or cartage work.

(t) "Qualified tenderer" means anv tenderer who fulfill s all the general and

technica l qualitications contained in this policy docw11ent and a violation or

non-compliance thereof shall render the tenderer as disqualified.

(u) "Worker Management committee (WMC)" means a group of three or more

workers at a storage centre authori zed by a resolution of the workers at such

storage centre to manage, carry out and execute the rights. obl igations and

liabilities under the agreement awarded under this policy for the conduct of

labour operations including participation in tendering process, supply o f

information and documents, submission of consent and execution of

agreements etc .. The WMC shall be responsible for receiving payments fi·om

procurement agencies, making payments to vv·orkers as per work done.

depositing EPF of workers vvith EPF commissioner and deducting and

depositing all statutory taxes with concerned government authorities etc. Such

WMC shall have PAN Card, Bank Account and EPF number in the name of

such WMC.

3. General Information:

(a) The labour operations and cartage work shall:

1. be carried out by all procuring agencies including FC I on the basis

of rates & tenns and conditions mentioned in PR-66, through a

competitive and transparent bidding process. as per this pol icy.

11. be al lotted separately on all the centres. with tenders being called

for first from L&C societies and WMCs as per clause 6 of thi s

policy in relation to labour operations and as per Clause 7 in

relation to catarge works tenders.

Provided however, that where such contract for labour operations and/or

cartage works is not awarded to any L&C society or WMC then, the District

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Tender Committee may combine the work of labour and cartage at a given

centre and call for a tender for labour operations and cartage work together.

(b) The tenders for all PEG godowns at a centre will be called separately for each

PEG godown.

(c) The tenders for labour work will be called cluster w1se. All the godowns

except PEG godowns, of all state agencies at a storage centre wi11 be

considered as one cluster.

(d) The tenders for cartage will be called cluster wise.

(e) All the MDs of procuring agencies. General Manager of FCI, Members o f

District Tender Committees, tenderers. successful tenderers. contractors and

all officials of the procuring agencies including FCI shall ensure compl iance

ofthese guidelines.

(t) The advertisements for inviting tenders for labour and cartage shall be

published in leading newspapers for giving \Vide publicity.

(g) Tender Policy along wi th tenns and conditions shall also be uploaded on

department's web-site \vww. foodsuppb.gov.in.

(h) A detailed notice containing name of cluster, capacity of cluster and required

EMD wi ll be displayed on notice boards of concemed District Controller.

Food and Civil Supplies and will also be displayed one-portal along with bid

documents.

( i) Loading of food grams m mandis wi ll be carried out by the Commission

Agents at the rates notified by the Punjab Mandi Board.

4. General Qualifications: Every tenderer shall have to fultill the foll owing

general conditions, to be e ligible for submitting his/ its bid:-

a. If the tender is submitted as an Individual/proprietor, such tenderer should be

a citizen of India and not less than 18 years of age. If the tender is submitted

by any society. company. assoc iation of persons or a partnership firm or

WMC. it should be registered under the appropriate legislation or the rules

framed there under. In case of a L&C Society. it must be registered under The

Punjab Cooperative Societies Act, 196 1 and L&C society must upload valid

registration certificate.

b. If the tender is being submitted by a person/group of persons on behalf of an

organization, society or fi rm. or a company, or a WMC. there shall be a

resolution or authority letter showing that he/they have been duly authorized

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by such organization/firm or company, to participate and negotiate 111 the

tender process.

c. Tenderer or any of his/its partners/Directors/Members/ should not have

incurred any of the foiiO\.ving disqualifications and the entity submitting the

tender will submit a se lf~declaration to such effect that neither the tenderer nor

any of its partners/Directors/Members:

1. Have been declared bankrupt/Insolvent.

11. Have been blacklisted by any Govt./Semi Govt./Cooperative

agency or Institution. Tenderer will upload a self ~declaration to

thi s effect. A tenderer who has been blacklisted by any

Procurement Agency, shall not be eligible to participate in the

tender process, during the currency of such blacklisting. Jf at a

later stage, any tenderer is found to be blacklisted, his technical

as well as financial bid shall be rejected. The earnest money and

security (if any) deposited by him shall be forfeited.

111. have been convicted with imprisonment for a period of more

than three years in any criminal case by any court of law.

1v. owes any amount due by way of recovery by any procurement

agency. pending against the tenderer on the date of subm itting

tender. Tenderer shall submit a no due certificate for this

purpose, from all the procuring agencies.

d. Such tenderer must have a valid PAN Card, a Va lid EPF number and such

documentation must be in the name of the entity submitting the tender.

e. Tender once submitted is not transferable. to any other person(s).

r. No tenderer will violate or act in contravention, of the provisions of:

1. The Punjab Goods Carriages (Regulation and Prevention of

Cartelization) Rules, 2017. issued by Government vide notification No.

G.S.R.62/C.A.59/l988/Ss. 79 and 96/2017. dated 13111December. 20 17.

11. Notification No. I 0/11120 17~ 1 TP(PF)/ 1219535/1 dated 25-04~20 18 and

No. 10/ 11 /2017~1TP(PF)/ 121967311 dated 25-04~2018 issued for use of

tractor ~trolleys as Goods Transport Vehicles.

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S.Technical Qualifications: -

A. The tenderer shall upload the copies of valid PAN card and E.P.F code &

registration certificate( If applicable).

B. Tenderer shall deposit the earnest money as required under this policy for each

Cluster/PEG godown. lf tenderer submits bid for more than one cluster/PEG

godO\vn. earnest money for each cluster shall be submitted separately.

C. If tender is submitted by a person/group of persons on behalf of an organization.

society or firm . or a company. or a WMC, a resolution or authority letter showing

that he/they have been duly authorized by such organization/firm or company. to

participate and negotiate in the tender process. shall also be uploaded a long with

technical bid.

D. The tenderer shall also upload his valid and working mobile number and email -id

so that he may be contacted by SMS or email or telephonically, as and when

required for the smooth working and cat1age of grains.

E. The tenderer must possess minimum number of workers (work force) as follows to

perform the work of labour depending upon the capacity of cluster/PEG godown.

Tenderer will also upload the list of such workers along with the ir adhaar card

numbers.

Capacity of Storage cluster/PEG (Arrival of Minimum Number of

wheat in cluster/PEG in previous year) Work Force (Member)

Less than 25.000 tonnes 50

> 25,000 tones but :S 50.000 tonnes 75

> 50,000 tones but :S 1,00,000 tonnes 100

> 1.00.000 Tonnes:S 2.00.000toones 150

>2.00,000 Tonnes:S 3.00,000toones 200

>3,00.000 Tonnes:S 4,00.000toones 250

>4,00,000 Tonnes:S 5, 00, OOOtoones 300

>5.00,000 Tonnes 350

Note: 1. If any tenderer is interested to perform the work at more than one

clusters and/or PEG. he must have a minimum number of workers/

labour members required on the basis of capacity of all the clusters

and/or PEG godown taken together.

Copies of their Aadhaar Cards shall be submitted to the District Tender Committee at the time of evaluation of technical bid.

Note: 2. To avoid misuse of lists of the labourers. the tenderer must give an

undertaking duly sworn before the Executive Magistrate that in case of

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tinding a tender being awarded at any other centre elsewhere in the

state before the date of award of the instant tender using the same list of

vvorkers/ labourers or with common names of workers/labourers in the

list uploaded by him. his tender shall be liable to be declared

disqualified.

F. In case of tenderer applying for cartage. he must possess mmllnum number of

trucks as follows to perform the work of cartage and submit the list of trucks. If the

tenderer submits a bid for more than one cluster then the arrangement of the trucks

has to be made for each cluster. separately. Depending upon the capacity of each

cluster tenderer must have an arrangement of trucks as under: -

Total Arrival of wheat in Mandis in previous Minimum No. of

year falling under one cluster of cartage Trucks (of9 MT Sr. No.

(Only mandies from which cartage has to be carrying capacity)

done included to calculate capacity) required

I Up to 5000 M.T 20

2 5001 M.T to 10.000 M.T 40

., 10,001 M.T to 20.000 M.T 60 .)

4 20.001 M.T to 30.000 M.T 90

5 30,00 1 M.T to 40.000 M.T 120

6 40.001 M.T to 50.000 M.T 150

7 50,001 M.T to 75.000 M.T 180

8 75.001 M.T to 1.00.000 M.T 210

9 Above 1.00,000 M.T. 240

Note-!: Number of trucks required shalf be decided according to tonnage capacity

<~l vehicles i.e .. il the trucks having more tonnage capacity. then the number ol

vehic/es can be decreased accordingly.

Note-ll: The Tenderer shall upload list (~/'trucks which he intends to use for

tran.sporta!ion H'ork mentioning rctlid registration numbers. along with certUied

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carrying capaci~v du~v ver{tied Fom https:/i\'(/han.nic. in or

hlfp://parivahangov. in.

Note-Ill: {{a tenderer intends to use trucksji·om any.firm. company or society. fiJI·

!he work of transportation. he shall have to upload an zmderlaking/ an agreement

execuled by him with such firm. company or socie(v. as the case may he.

mentioning therein the number o{ trucks and their registration munbers. duzr

ver(/ledfi·om hffps.-/1mhun. nic. in or hup://parivuhan.gov. in.

i'lole-IV: Copies (~!Registration Certificates of all the trucks mentioned in the

above list along with copy qf verification report generated fi·om

hrrps://vahan. nic. in or http./lparivahan.gov. in. will he submilled to the District

Tender Committee. on the spot (i.e. at the time of evaluaTion oftechnica/ hid).

,Vole- V: {l the registration numbers (~{ trucks. registration copies (~f /rucks

submilled by tenderer arefound be fake at an_v stage tender of the tenderer will he

liable to he rejectedlcance/led and sui/able legal acTion nwy be initiaTed against

!he tenderer.

G. In case tenderer intends to tractor/trolleys then he will upload list of the tractors as

required in 5(F) along with names and addresses of owners of tractors. At the

time of opening of technical bid, he will submit consent from the tractor/trolley

owner for usage of tractor/trolleys.

H. Tender form uploaded \Vithout attaching/uploading the document(s) required under

thi s policy shall be rejected.

6. Allotment of labour operations work to L&C Societies and WMCs- Before

inviting e-tenders for labour work for all the clusters in each district. Department shall

give an open call to all the L&C societies and WMCs in the State and the labour

operations in all godowns including PEG godm.vns shall first be offered to the L & C

Societies and \VMCs on the following terms and conditions : -

a. The L&C societies and WMCs must meet the general and technical

qualification criteri a as set out in Clause 4 and 5 of this policy.

b. A ll the L&C societies and Worker Management Committees interested to

perform a job shall have to submit an application in the prescribed format on

the e-portal of the department within the period prescribed in NIT. No L&C

societies and WMC shall be considered for \vork allotment thereafter in terms

of clause 6.

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c. The labour work shall be quoted and awarded at the basic PR-66 rate fo r the

year 20 I9-20 or the awarded rates of 201 8-1 9 for that particular cluster,

whichever i.s less. No premium shall apply in this case.

However, if all L&C societies and/or WMCs applies to perform a work fo r the

same cluster on basic PR-66 rates or the awarded rates o f 20 18-I 9. then the

selection of the soc iety or WMC shall be made by draw oflots.

d. The L&C societies or WMCs se lected for the allotment of labour operations

work for a particular cluster. shall execute an agreement with the di strict

managers of concerned purchasing agencies at that center (s ).

e. The L&C soc ieties and WMCs selected for performing labour work under this

clause. shall have to deposit the requisite amount of security with the

concerned agency as provided in Clause II of this policy.

f. Where no L&C society or WMC submits an application on the e-portaJ of the

Department in prescribed period then E-tender(s) shall be invi ted from other

tendercrs for such clusters. However, even at this stage and during this process.

the L&C societies and WMCs will be free to participate and compete with the

other tenderers, and shall be treated at par with other participating tenderers.

for allotment of such work.

7. Allotment of cartage work to L& C Societies- Before inviting e-tenders for the

allotment of cartage wo rk for all the clusters in each district. the Department shall

give an open call to all the L&C societies in the State. and the allotment of such

cartage works shall first be offered to the L&C Societies on the fo llowing terms and

conditions: -

a. Cartage tender will be called cluster wise.

b. The L&C societies must meet the general and technical qualification criteria

as set out in Clause 4 and 5 of this policy.

c. All the L&C societies shall have to submit an application in the prescribed

format on the e-portal of the department \vithin the period prescribed in NIT.

No L&C societies shall be considered for work allotment thereafter in terrns

of clause 7.

d . Work shall be quoted and awarded at the basic PR-66 rate for the year 2019-20

or the awarded rates of 20 18-I 9 for that particular cluster. whichever is less .

No premium sha ll apply in this case.

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e. Where more than one L&C Society applies to perform cartage work for the

same cluster. the selection of the successful tenderer shall be made bv draw of

lot(s).

f. Such successful tenderer shall execute an agreement with the district

managers of concerned purchasing agencies at that center (s). and shall have

to deposit the requisite amount of security with the concemed agency as

provided in Clause 11 of this policy.

g. Where no L&C society submits an application one-portal of the department in

prescribed period then E-tender(s) shall be invited from other tenderers for

such clusters. However. even at this stage and during this process, the L&C

societies will be free to participate and to compete with the other tenderers.

and shall be treated at par with the other participating tenderers. for allotment

of work .

8. Procedure for Inv iting, submission and finalization of tender(s): Tenders for all

the Clusters (except the center(s ) where the \Vork has already been allotted to a L & C

Society/WMC in terms of C lause 6 and/or Clause 7 above). for al l the Procuring

agencies in the State of Punjab including FCI shall be invited by the Distri ct Tender

Committee based on the following procedure:

a. All tenders shall be addressed to the Convener of the District Tender

Committee, i.e. District Food and Supplies Controller of the concerned

distri ct.

b. The entire tender process shall be completed through e-tcnder on the website

of e-tender portal of Punj ab Govt.. i.e . https://eproc .punjab.gov.in. For thi s

purpose, every tenderer shall have to register himself on the above webs ite

and also possess digital signature and encryption signature cert ificate. [n case

of any diftlculty in tendering or clarification. the tenderers may contact

helpline no . 0 172-2791 326. 2791 226 or e-mail at support-eproc@nic.in or

eproc@punjab.gov.in.

c. The cost of online tender form shall be charged at the rate of Rs 1000/- per

tender form per cluster/PEG godowns, which shall be paid onli ne. through

payment gateway of the e-tender portal. The cost of tender form shall be non­

refundab le and shall be deposited in the acco unt of respective OM Pungrain in

the first instance which shall be transferred to the account of M.D.

PUN GRAIN, Chandigarh after the completion of the tender opening process.

District Food and Supplies controller shall submit all the detailed account o f

tender fee so received to the Additional Director (F&A) -cum-Controller Food

Accounts, at the end of tender opening process .

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d. The proof of deposit/receipt \Vith UTR number shall be uploaded along with

the technical bid. The tender of the tenderer who does not upload proof of

payment of cost of tender form will be rejected during evaluation of technical

bid.

e. All the bids shall be submitted m two bid system I.e. technical bid and

financial bid for all the districts.

f. Tender form uploaded without attaching/uploading the document(s) required

under this policy shall be rejected.

g. Tenderer has to submit the financial bid for a cluster/PEG godown, on the

basis of the rates of PR-66. However, no premium beyond 120 % of the basic

rates as per PR-66 shall be allowed in any case.

h. The process of opening of bids w ill be conducted in the following manner:

1. All tenders received in time shall be opened in presence of all the

members of the committee and in the presence of tenderers who would

prefer to participate in it on the date. time and place specitied in

advertisement or notifi ed by the Chairman of District Tender

Committee. No separate correspondence shall be made in this regard.

11. The technical bid w ill be opened first and evaluated. Technical bid w ill

be evaluated for required general and technical qualitications. All the

members of District Tender Committee must sign (along with

designation and date) on all downloaded technical bids and documents Jt and documents submitted by the tenderer for evaluat ion. ~/

111. The technical bid will be rejected for those tcnderers who do not fultilJ

required general and technical qualifications. Conditional tenders shall

out rightly be rejected.

IV. District Tender Committee will draw proceedings for technical

evaluation of bids and record reasons for rejection of all the rej ected

technical bids. T he tenderers whose technical bids have been rej ected

wi ll be informed about the reasons of rejection by the committee.

v. The financial bid shaH be opened on ly for those tenderers, whose

technical bid has been accepted.

v1. The tenderer whose rate is lowest will be declared as L-1 . and District

Tender Committee wi ll fi nalize the rates \Vith L-1. If the committee feels

that the rates of L- 1 are still on higher side. and/or L-1 is not interested

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to do the 'kork at the offered rates, the committee may cancel the tender

and go for retendering process.

vu. If during finalization. tenderer does not agree to work on the basic rates

given in PR-66, and tender is not finalized. efforts shall be made to

allow minimum premium on the basic rates. All cases, where premium

recommended by the District Tender Committee is above 100%. shall be

sent to the Competent Authority for approval with full justification. The

decision of the Competent Authority in this regard shall be final.

vur. The letter of award \vill be issued by the convener of the District Tender

Committee immediately after the finalization of the tender.

IX. If. in the first call for tenders. single bid is received for a particular

cluster(s). the District Tender Committee shall not open the single bid in

the fi rst instance. The tender process fo r such cluster (s ) shall be

cancelled. Before issuing the second or subsequent invitations or bids.

the Distri ct Tender Committee may reconsider to re-construct/Modify

clusters (increase or decrease its size) to bring higher degree or

competition among the tenderers. If during second or any subsequent

invitation. again a single tender is received then District Tender

Committee shall open the single bid and negotiate with the tenderer to

bring the rates to the minimum possible.

1. In case the District Tender Committee fails to get any bid even after repeated

call s (minimum three attempts), then the work may be assigned to

Commission agents /Rice Millers I Any other agency on nomination basis at

basic rates of PR-66.

J. Successful tenderer shall have to execute an agreement with the concerned

District Managers of agencies in the cluster (s) separately and the terms and

conditions of thi s Policy shall be deemed to have been incorporated by

reference therein and w ill be binding on the parties to the agreement

k. No payment shall be made to the tenderer prior to the approval of rates by the

District Tender Committee or Competent Authority as the case may be. All

payments shall be made by the concerned District Manager, of the Food

Procuring Agency. after making all the statutory deductions as per provisions

of Income Tax Law or any other law of land.

l. The District Manager of the concerned agency shall reserve the right to

recover any loss to state or agency, or any amount paid excess fro m the next

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or final bill(s) of the contractor. if it remains insufficient from the security

deposit.

9.Formation of the Distr·ict Tender Committee: -

a. The District Tender Committee shall have following permanent members :

1 Deputy Commissioner Chairman

2 Distri ct Managers of all the Food Procuring Members

Agencies. including FCI

... District Controller, Food and Civil Supplies Convener -'

b. A ll the tenders shall be opened in the presence of the Chaim1an and all the

members of the District Tender Committee. The Chainnan and all the members

of District Tender Committee will sign (along with date and designation) the

tender form before and a fter finalization of the tender. The tender shall also be

signed by the tenderer with full name of the tenderer written below signature .

Final rate decided by the committee shall also be written in words. All

cuttings/over-writings are to be attested by the chairman.

10. Earnest Money Deposit:

a. A t the time of submitting on-l ine tender, every tenderer shall have to deposit an earnest

money at the fo llowing rates, through payment gateway of e-tender portal, which shall be

payable to the account of D.M. PUN GR.!.\ lN. as follows: -

Sr. Capacity of cluster /PEG Godowns Earnest Money No. Rupees

I Up to 2,000 M.T. 1.000

2 2.00 1 up to 5.000 M. T. 3,500

-. 500 I up to I 0.000 M.T 7.500 -'

4 10.00 1 up to 20,000 M.T. 15,000

5 20,00 1 up to 30,000 M.T. 25.000

6 30.001 up to 40,000 M.T. 35,000

7 40,00 1 up to 50.000 M.T. 45,000

8 50.001 up to 75,000 M.T. 65.000

9 75.00 I up to 1 ,00.000 M.T. 85.000

10 Above 1,00.000 M.T 1.25.000

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b. At the time of technical evaluation. District Tender Allotment Committee shall

compare the amount of EMD deposited by all tenderers with the bank statement and

ensure that earnest money received is as per norms fixed above.

c. [f the earnest money is not as per norms or not deposited. the tender shall be rejected

without any consideration.

d. Earnest Money Deposit shall not be adjusted in Security deposit. The EMD of

unsuccessful bidders shall be retumed by District Manager PUNGRAIN within 30

days of opening tender, through an Account payee cheque or RTGS. The EMD of

Successful bidders shall only be returned within 30 days, after the date of deposit of

required Security Amount and Execution of agreement with all the agencies falling in

the cluster/clusters, whichever is later.

e. No interest shall be payable on EMD.

11. Security Deposit:

a. The Successful Tenderer will deposit a security amount @ Rs. 1/- (Rupees one) per

M.T. calculated on the basis of the total anival of \Vheat in the previous year in the

center(s) for which contract has been awarded, by Bank draft/RTGS in favour of

M.D. of the concerned agency. within three days of date of finalization of tender. with

the District Manager of concerned procurement agency. who \Vill further transfer it

through RTGS in the account of the Managing Director of the concerned agency.

b. If a successful tenderer/L&C Society/WMC fails to deposit the security amount

within the prescribed period. his tender shall be out ri ghtly rejected, and District

Tender Committee. reserves the right to recall tender or negotiate \vith next lowest

tenderer for allotment of work, at the rates approved for L-1. as the case may be.

c. If the Deputy Commissioner concerned, feels that circumstances are beyond the

control of the successful tenderer/L&C/WMC, may relax the above provision and

allow him a fw1her period up to three days.

d. No interest shall be paid on security deposits.

12. Liabi1it)' of a Successful Tenderer: -

a. If a L&C society or WMC does not join work. refuses to v-,rork or fails to perform

duties as per agreement and this policy. action wi ll be taken as per clause 13 of thi s

po licy and a fre sh tender will be invited for such cluster( s) in te rn1s of 6( f) and/or 7(g)

of the pol icy , as applicable.

b. If a successful tenderer other than a L&C society or WMC. aft er due acceptance of

hi s tender, does not join work or refuses to work, the District Tender Committee shall

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have the right to get the work done at the approved rates of L-1, from next lowest

tenderer i.e. L-2 and in case of refusal by L-2 from the L-3. and so on. While

allotting the work to next tenderer, the district manager of the concerned agency will

ensure full security deposit at the rate(s) prescribed in this policy. In case L-2. L-3

and so on are also not ready to work on the L-1 approved rates. then retendering will

be done.

c. If a successful tenderer other than a L&C society or WMC fails to perform his

obligations within the stipulated period and is served with a show cause notice of 24

hours and the contractor gives in writing within the period of notice that he is unable

to do the full work. then up to of 50% total work may be got done from the

commission agents or rice millers at the L-1 approved rates. The contractor will not

be entitled to any claim against the work so done by commission agents. The District

Tender Committee shall pass appropriate speaking orders to this effect.

d. If the contractor, does not agree to above sub-clause, then keeping m v1evv the

circumstances in the mandi, Inspector(s) of the purchase agency(ies), concerned

AFSO or FSO. and concerned official of the Mandi Board, together. will prepare a

detailed report, adopting full transparency. witnessed by at least two commission

agents, that the contractor in question (Mention Name of the contractor) has failed to

perform his duty, as per policy guidelines and agreement. Then the entire work may

be got done from L-2 or L-3 or so on or the Commission Agents or rice mills at L-1

approved rates. If L-2 or L-3 or so on or the Commission Agents or rice mill s also

refuse to perform the job, the District Tender committee shall call fresh tenders.

13. Service of notice, cancellation of work and blacklisting: - If the tenderer does not

join work. refuse to work or fails to perform duties as per agreement as explained in

clause 12(a to d) following procedure shall be adopted for cancellation of \Vork. levy

of penalty and blacklisting:-

a. The District Manager of the concerned agency will inform the District Tender

Committee through the concerned District Controller. Food and Civil Supplies

(being its Convenor) about the refusal of contractor to join the work or about

the failure to perform duties as per agreement.

b. Given the paucity of timelines. attached to the procurement process. the

District Controller, Food and Civil Supplies. acting on behalf of the District

Tender Comm ittee vvill immediately serve a show· cause notice of 24 hours by

emai l or SMS to the concerned contractor. Stipulated time of 24 hours will be

counted from the time when emai l or SMS is sent to the contractor.

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c. The notice shall state the action contemplated i.e. cancellation of contract and

/or blacklisting as well as the grounds/ prima facie material on which the

proposed action is sought to be taken

d. The show cause notice sent to contractor shall also provide an oppo!tunity of

hearing to the contractor before District Tender Committee.

e. r f the contractor neither replies to the show cause notice nor appears before the

District Tender Committee \vithin the stipulated time. then the District Tender

Committee reserves the right to decide his/her case ex- parte.

f. If District Tender Committee tinds the reply of the contractor unsatisfactory,

the District Tender Committee will pass detailed speaking order cancelling the

work allotted to contractor after considering submission/representation of the

contractor and/or blacklisting of the contractor.

g. The District Tender Committee reserves the right of blacklisting which may be

for upto period of 2 years. forfeiture of security of contractor and levying of

penalty upto 2% of total value of the contract depending upon meri t of each

case

Note: The total value of the contract referred to above on which the penalty is to

be levied shall be calculated, taking into account the total amount what would have

been payab le to the contractor, had he performed the job in full.

14. Refund of Security: -On completion of the term of the tender the tenderer will

submit a No Due Cert ificate, fro m all the agencies. before requesting fo r release of

his security. No District Manager shall release the security deposited with him, unt il

the contractor submits NDC from all the agencies to him .

15. Measurement of Truck-able/Motor-able Distance:-The shortest route of truck-able

I Motor-able distance between Storage point and mandi shall be measured on actual

basis by the lnspector(s) of the concerned procuring agency (ies), and Assistant Food

& Supplies Offi cer/Food & Supplies Officer of the department. The result of such

measurement shall be duly signed by the above members, on the basis of \Vhich

payment shall be made to the tenderer. The above committee shall be liable for the

accurate measurement. If new storage points are taken on rent at any later stage, the

rates approved for the cluster shall apply fo r transportation to such storage points.

The distance shall be determined in the same manner as given above.

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16. Arbitration: -

a. In case of any dispute. the matter shall be referred for arbitration. The Managing

Director of the concerned agency or any person appointed by him shall be the sole

arbitrator, whose decision shall be binding on both the pm1ies.

b. The seat of arbitration shall be at Chandigarh and the Courts at Chandigarh shall

huve exclusive territorial jurisdiction in the matter. irrespective of the location of

the works under the agreement or any other jurisdiction factor. Pat1ies \vaive all

rights as regards jurisdiction of any other place.

17. Appeal:

a. An appeal against any orders of District Tender Committee shall lie before the

Competent Authority or any other official delegated to do so by the Competent

authority with in thirty days of the date of passing of such orders by the aforesaid

authority( ies).

b. A second appeal against the orders of the Competent authority sha ll lie with

Principal Secretary. Food, Civil Supplies and Consumer Affairs Punjab. acting as

the Appellate Authority under thi s policy . .

18. Overriding effect:

This policy shall have an overriding effect over all the instructions/letters/policies

issued earlier in thi s regard from time to time.

19. Miscellaneous: -

If a situation so arises, which has not been covered under this policy, the matter may

be referred to the Competent Authority. for appropriate redressal. The Deci sion of the

Competent Authority shall be final and binding on parties.

20. Pon·ers to interpret, issue instructions and make rules:

All the powers to interpret any clause /clauses in thi s policy. to issue instructions and

make rules, shall lie with the Department of Food, Civil Supplies and Consumer

Affai rs, Punj ab.

21. Repeal: -

T he Punjab labour and cartage policy 20 18-1 9 and letters and circulars issued earlier.

are hereby repealed.

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22. Savings:

The Competent Authority reserves the right to cancel any tender without assigning

any reason, if it is in greater public interest to do so. Any amendment to this policy or

supersession of this policy by a new policy shall be applicable to all tenders and /or

contracts whether pending or otherwise.

23. Grievance Redressal: - In order to ensure smooth transportation of food grains and

redressal of grievances the following grievance redressal mechanism shall be

followed in each district: -

a. The Deputy Commissioner concerned will appoint an officer, not below the

rank of SDM as Grievance Officer to tackle on priority all such complaints

from various tenderers which have the potential to create serious law and

order situation during procurement season.

b. The Department of Home Affairs, Government of Punjab. will ensure to

appoint a senior officer not below the rank of Superintendent Police, in each

district. to take action on complaints involving law and order situation and to

provide adequate police arrangements where ever required .