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Malegaon Municipal Corporation Malegaon

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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


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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.


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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.


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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].


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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


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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.


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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,


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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


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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


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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.


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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


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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


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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


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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


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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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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


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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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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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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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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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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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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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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


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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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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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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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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


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