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OFFICE OF THE EXCISE COMMISSIONER, CHHATTISGARH

Vanijyik Kar (GST) Bhavan, First Floor, North Block, Sector 19,

Atal Nagar, Nawa Raipur 492002

Atal Nagar, the 22nd February 2024

NOTICE INVITING OFFERS FOR SUPPLY OF COUNTRY LIQUOR

NO. EX/DISTILLERY/RATEOFFER/2024-25/739.— Sealed offers are invited from firms having

license C.S.1B/C.S.1BB issued by Excise Department of Chhattisgarh under the provisions of Chhattisgarh

Country Spirit Rules,1995 (as amended) for entering into rate contract with EXCISE COMMISSIONER,

CHHATTISGARH for supply of COUNTRY LIQUOR (CL) for the period from date of finalization to 31st

March 2025. Distilleries/Bottling Plants of Chhattisgarh having C.S.1B/C.S.1BB License are eligible to apply

for rate offer in prescribed format. These distilleries or bottling plants shall have to obtain C.S.1 and other

relevant licenses as prescribed under the provisions of Chhattisgarh Excise Act,1915 and Chhattisgarh Country

Spirit Rules,1995.

The last date for receipt of rate offers in the Office of The EXCISE COMMISSIONER,

CHHATTISGARH at Raipur (Chhattisgarh) is 26/03/2024 by 02:00 P.M. which shall be opened at

03:00 P.M. on the same date. The rate offer document with detailed Terms & Conditions may be obtained from

the Office of The EXCISE COMMISSIONER, CHHATTISGARH, Vanijyik Kar (GST) Bhawan, North Block,

Sector 19, Atal Nagar, Nawa Raipur 492002, on payment of Rs. 50000/- (Rupees Fifty Thousands Only), and

G.S.T. as applicable by demand draft in favour of Excise Commissioner Chhattisgarh Raipur, payable at Raipur,

upto 1 day prior to submission of rate offer during the working hours.

Sd/-

(R. Sangeetha)

Excise Commissioner.

(iv)

Pack Size

(v)

Check Digit

(vi)

Retail Selling Price

The above information will be over and above the requirements

stipulated in the provisions of Chhattisgarh Country Spirit Rules,

1995 (as amended) which may be affixed on the bottles separately.

(c)

Retail Selling Price (RSP) should be printed on the labels of each

bottles supplied. The RSP will be fixed by the Government of

Chhattisgarh.

(d)

The labels affixed on the bottles and on the cartons should contain all

information whether required mandatorily or otherwise and the

particulars of the products printed on the outer cartons should be clear

enough to identify the product and the batch number and

manufacturing date of the product. “Adequate white space should be

created on both side of the packing carton for the printing of 1-D

barcode.” Labels should be affixed on the liquor bottles in such a way

that they will not come off while handling.

Every reduction should possess a separate Batch No..Three

samples of every reduction (Batch No) will be collected and

preserved for one month so that they may be tested in case of any

complaint regarding the quality of the country spirit.

(e)

The liquor, bottles, labels and bottling caps should be of such good

quality, standard pattern and specifications, as prescribed by the

Excise Commissioner from time to time. All the bottles of Country

Liquor shall be supplied only after affixing the prescribed hologram.

The country spirit shall be manufactured using rectified spirit

by reducing, blending, essencing, colouring, flavouring, maturing,

bottling, labeling, sealing etc. The rectified spirit shall be converted

into the country spirit using the above procedure. The strength of

rectified spirit meant for production of country spirit shall not be less

then 60 degree over proof. The licensee will sell only hygienic

potable country spirit to the retailers and will ensure that it is fit for

human consumption. (FSSAI License copy to be Annexed)

(f)

The price quoted for each Label of CL shall be per case basis for

supply to all the warehouses of Chhattisgarh State Beverages

Corporation Limited (CSBCL), situated within the State of

Chhattisgarh, for the purpose. Landing price quoted for the supply of

country liquor shall include the transportation charge up-to the

warehouse of CSBCL

146(1)

LANDING PRICE

(a)

C.S.1B/C.S.1BB licensee shall quote F.O.R. (Freight on Receipt)

rates for brands/labels to be supplied, in the prescribed

format(Annexure 'E').

(b)

The C.S.1B/C.S.1BB licensee shall quote the rates for such label(s)

which are registered /renewed with the Excise Commissioner,

Chhattisgarh.

(c)

The C.S.1B/C.S.1BB licensee shall quote the Landing Price for their

brand/label. He shall quote a rate for a box containing 750ml, 375ml

and 180ml bottles. He shall have no right to ask for revision of rates due

to change in any levy, cost of raw material, fee or any other taxation

during the currency of the contract period.

(d)

The rate of any new approved label during the year shall be the same

as that of other labels of that brand.

Landing Rate Analysis:

The Landing Price could be quoted by the C.S.1B/C.S.1BB

licensee for only those label(s) which are approved/renewed by

Excise Commissioner of Chhattisgarh.

II.

A Maximum variation of (+/-) 10% from the landing price

prevailing in the year 2023-24 shall be allowed.

III.

The cost analysis sheet (Annexure-D) of offered rates should

be submitted along with the rate offer. The cost analysis should

(g)

The CL manufactured/bottled for supply shall be of 25 degree under

proof Masala and 50 degree Plain in glass bottles only.

For country liquor, the pack size shall be 750 ml,375 ml and 180 ml.

Issue of country liquor shall be only in 5 ply card board box as per

BIS packing norms. 12 bottles of 750 ml(quart), 24 bottles of 375

ml(pint) and 48 bottles of 180 ml(nip), shall be packed in one

cardboard box. The bottles used in bottling of country liquor shall be

uniformly made and may be of any shape in all three pack size. All

the bottles in each pack size should be of uniform shape. There would

be appropriate embossing on all the bottles with “CSMCL Mono”

and “For Sale in Chhattisgarh State Only”.

(i)

The rates of the labels quoted for, shall be in following pack sizes :-

(h)

To ensure use & availability of glass bottle for country liquor as an

institutional measure, the distilleries shall provide at least 25% of

their supply of glass bottles to the retailers in new glass bottles. The

in-charge Excise Officer will verify use and stock of new empty glass

bottles and will report to Excise Commissioner Office by 7th of

succeeding month.

146(2)

be approved by the Chartered Accountant / Cost Accountant

duly signed and stamped.

(a) On receipt of the offers and their scrutiny by the

department, it shall be open to the Excise Commissioner to

enter into negotiation with C.S.1B/C.S.1BB licensee. The

negotiation shall be done with L-1 and the rates finalised shall

be applicable for all C.S.1B/C.S.1BB Licensees for the

concerned brand. i.e. Masala/Plain.

(b) The Chief Executive of the Company or his authorised

representative, of all C.S.1B/C.S.1BB licensees shall be

present at the time of negotiations.

VI.

The decision of Excise Commissioner will be final and

binding on the C.S.1B/C.S.1BB licensee concerned.

(e)

The landing price quoted should be F.O.R(Freight on Receipt)i.e.

from C.S.1B/C.S.1BB premises to CSBCL Warehouses inclusive of

all expenses.

(f)

In case the duty rates are increased or decreased by the Government,

new landing prices would be calculated on the basis of new duty

rates/fees, which shall be acceptable to the C.S.1B/C.S.1BB

licensee. No variation of landing price shall be allowed.

The Documents and copy of Terms & conditions governing the offer shall

be signed (on each page) by the licensee or by the power of attorney holder

of the licensee and shall bear the seal of the licensee. The name and address

of the signatory should be clearly mentioned against each such signature.

Resolution regarding power of attorney holder, from the authorised body of

the company is to be attached with the rate offer document.

Once the prices of any of the Label are accepted by the government and the

acceptance of the rates is communicated in writing to the C.S.1B/C.S.1BB

licensee, it will constitute as a Rate Contract. The C.S.1B/C.S.1BB licensee

shall be liable to supply as much quantity of each label of different pack

sizes to the warehouses of CSBCL as and when ordered by Chhattisgarh

State Marketing Corporation Ltd (CSMCL). In case of failure to do so the

Excise Commissioner may take such action as it deems fit under the

provisions of Country Spirit Rule, 1995 (As amended)

The quantity to be purchased by CSMCL shall depend upon the demand for

the product.

IV.

The rate quoted shall be the same irrespective of the supply

unit. No variation in rate shall be allowed on change of source.

146(3)

Any offer which does not satisfy the condition or is received without true

and correct information either in terms of documents or in the data sheet

and schedules shall be rejected.

11.

The decision of the Excise Commissioner shall be final with respect to :-

(a)

Acceptance or rejection of any or all the offers without assigning

any reason. The C.S.1B/C.S.1BB licensee will have the right to file

representation against said rejection within 30 days from the date of

intimation of rejection, before the

Excise Commissioner.

Representation received after said period will not be entertained.

(b)

Approval of landing prices, process of payments and terms of

supply of country liquor.

12.

The quality of CL to be supplied should be of standards as fixed under

Food Safety and Standards Authority of India (FSSAI) Copy of license to

be attached in Annexure- “A”. It shall also confirm to the specifications

in the Chhattisgarh Excise Act and Rules.

The chemical examination certificate and a certificate showing

that Rectified Spirit has been used in production of country liquor, should

be sent to the CSBCL Warehouse against each dispatch. Such chemical

examination certificate should be duly authenticated by the Chief

Chemical Examiner/Authority recognized by the State and Rectified Spirit

(RS) certificate by the chief executive of the distillery authenticated by

Excise Authority. Those consignments which arrive without the specified

chemical examination certificate will not be accepted at the warehouses of

the CSBCL. The Excise Department/CSBCL/CSMCL shall have the right

to periodically subject the samples for chemical examination/verification

standards

and

the

expenses

incurred

for

such

chemical

examination/verification will have to be borne by the C.S.1B/C.S.1BB

licensee. Ensuring the quality of the products as per the standards and the

quality specifications will be the absolute responsibility of the respective

C.S.1B/C.S.1BB licensee.

10.

The quality of the Country Liquor shall be as per the quality standard

provided in the Chhattisgarh Country Spirit Rules, 1995. In case any

complaint regarding the quality of the liquor is raised or the liquor, after

the Chemical Analysis, is found to be unfit for human consumption, the

C.S.1 licensee contract may be terminated with immediate effect and the

C.S.1 licensee may be blacklisted for 2 (Two) years. The mentioned two

years shall commence from the date of the completion of the original

contract.

146(4)

13.

That all the condition for supplies/payment or other wise of CL shall be in

accordance with agreement of sale enclosed in Annexure- “C” of these

documents.

14.

Once Landing Price of a Label is offered and accepted by the government,

the C.S.1B/C.S.1BB licensee shall be liable to make uninterrupted supply

of that brand/label, as per stocking orders and demand issued by CSMCL.

If the C.S.1B/C.S.1BB licensee intends to discontinue supply of any

approved brand/label, the same has to be intimated to the Excise

Commissioner & CSMCL at least 60 days in advance. Any failure in this

regard or in supply will entitle the licensing authority to black list the

C.S.1/C.S.1B/C.S.1BB licensee and forfeit the security amount along with

a penalty as per Chhattisgarh Country Spirit Rules, 1995 (as amended).

15.

In case the products purchased by CSMCL shops remain unsold for more

than 180 days it will be declared as surplus. CSMCL will impose

demurrage charge per bottle on C.S.1B/C.S.1BB licensees as per the

following:-

For the brand/label of country liquor a demurrage charge @25% of

RSP shall be charged per month after 180 days of its purchase.

ii.

At the end of the agreement period the entire demurrage charge

levied/ leviable shall be recovered from the bills/guarantee of the

licensee.

iii.

The demurrage charge levied on CL shall be chargeable to

C.S.1B/C.S.1BB licensee and placement agency in the following

manner:

(a)

25% of the applicable demurrage charge shall be borne by

the placement agency and rest 75% by C.S.1B/C.S.1BB licensee.

(b)

In case the stocks remain unsold in retail liquor shop for a

period beyond 1 year, penalty @ 100% of RSP per unit shall be

imposed on C.S.1B/C.S.1BB licensee. The same shall be non-

refundable.

16.

The currency of the contract and the terms & conditions spelt out herein

shall be subject to the Chhattisgarh Excise Laws and any law in force and

policies of the Union and State Government, from time to time.

Application of any new law/ taxes by government shall be borne by the

C.S.1B/C.S.1BB licensee.

17.

The difference of Countervailing Duty/Excise Duty, whichever applicable,

for the closing stock at 31^ST March, shall be payable by the

C.S.1B/C.S.1BB licensees in the State Government Account.

146(5)

18.

In case of indented stock not being fit for issue to the shops and the loss of

duty condition arises, then the loss of duty shall be charged from the

C.S.1B/C.S.1BB licensee whose label is found unfit.

19.

Termination of the Contract shall be governed in accordance with

condition stipulated in the Agreement of Sale enclosed in Annexure- “C”

of the document.

20.

The sealed offers shall be opened by the Excise Commissioner or by

officer of this Excise Department authorized by the Excise Commissioner

at the office of The Excise Commissioner, Chhattisgarh, Raipur.

21.

The C.S.1B/C.S.1BB licensees will have to assess the requirements of

their brand/label and accordingly have to demand space in warehouses of

CSBCL. The CSBCL after assessing their requirements will allot space to

the C.S.1B/C.S.1BB licensee and the C.S.1B/C.S.1BB licensee has to pay

warehouse rent to CSBCL as per terms and conditions decided by CSBCL.

22.

Submission of rate offer shall imply that he has read and understood the

provisions of the Chhattisgarh Excise Act, rules made there under

specially Chhattisgarh Country Spirit Rules, 1995, the detailed terms and

conditions of the rate offer. The contents given in rate offer shall be a legal

binding on the C.S.1B/C.S.1BB and has to sign each and every page of

rate offer document and other documents annexed along with the rate

offer.

23.

The C.S.1/C.S.1B/C.S.1BB licensee shall abide by the provisions of

Chhattisgarh Excise Act, 1915, Rules made there under, instructions

issued by the Government, Excise Commissioner, CSMCL as well as

CSBCL.

24.

The rate offer could be extendable for 1 year on the same approved rates

with the consent of both the parties. Thereafter, the State Government shall

have the right to extend the period of contract for such period not

exceeding 12 months as may appear appropriate in the circumstance

prevailing at the time of conclusion of the contract period on the same

terms and conditions and the C.S.1B/C.S.1BB licensee shall be bound to

continue supply during the extended period.

25.

The State Government reserves the right to reject any or all rate offers,

without assigning any reason.

26.

In case of disputes regarding interpretation of any terms and conditions of

the Rate Offer, the view of the Excise Commissioner Chhattisgarh shall be

final.

27.

(a)Annexure-B :- General instructions for filling and for submission of

Rate Offer, (b) Annexure-D:- Cost sheet, (c) Annexure-F:- Specification

146(6)

ANNEXURE-A

Application Form

(To be typed on Letter Head in duplicate)

Name, Address, Telephone of the firm having C.S.1B/C.S.1BB license.

Address for Correspondence, Telephone / E-Mail etc. of the Manufacturing

Distillery /Bottling Unit registered under C.S.1B/C.S.1BB license.

Name, Address and Telephone / E-Mail of the Managing Director / Chief

Executive of the Company / Firm owners of the Unit.

Name, Address and Telephone / E-Mail of the Executive of the

C.S.1B/C.S.1BB licensee authorized to interact with the department.

(a) Name, Address and Telephone / E-Mail of the Board of Directors /

Partners / Trustees of Company / Firm / Society of C.S.1B/C.S.1BB

licensee company.

5. (a)

Permanent Account Number (along with copy of PAN Card)

(b) TIN & GST Number(copy to be attached)

(c)

FSSAI License number along with copy of the licence to be

attached.

(d)

Copy of C.S.1B/C.S. 1BB License.

(e)

Copy of Registration of Company / Firm / Society.

(f)

Authorisation certificate in favour of authorised signatory (if

applicable).

I declare that the information furnished above is true and correct.

Signature of Chief Executive

Place

Name

Date

Seal

Designation

Address

Note:

1. All the details sought should be given in prescribed formats only. Where

ever it is specially stated to keep enclosures, the same has to be separately

attached.

2. All the columns should be filled. No column should be left blank.

3. The application form is to be filled in duplicate and both the copies should

be authenticated by the Chief Executive (duly signed on each page).

4. Incomplete application is liable to be rejected.

146(8)

ANNEXURE-B

GENERAL INSTRUCTIONS FOR FILLING AND FOR SUBMISSION OF RATE OFFER

The Application Form should be typed in duplicate on the letter head of the

C.S.1B/C.S.1BB licensee.

Annexure-D & Annexure-E should be presented in a sealed envelope.

Attach enclosure wherever found necessary.

Late and unsealed offers will not be accepted under any circumstance.

Note:

Only offers submitted by the Chief Executive of the C.S.1B/C.S.1BB

licensee or his power of attorney holder would be accepted.

In case the offer is submitted by the power of Attorney Holder, the original

power of Attorney should be enclosed along with the offer.

The offer documents indicated (1) (2) (3) and Demand Draft as per (4)

above should be sent in sealed cover superscripted "Offer for supply of

Country Liquor, 2024-25" and addressed to the Excise Commissioner,

Vanijyik Kar (GST) Bhavan First Floor, Sector 19, North Block, Atal

Nagar, Nawa Raipur 492002 up to 02:00 PM of 26/03/2024. The envelope

should contain all annexures.

All pages of documents submitted in the offer documents should be signed by

the authorized signatory and shall also be affixed with the C.S.1B/C.S.1BB

licensee’s stamp.

146(9)

ANNEXURE- “C”

___________________________________________________________________

AGREEMENT FOR SALE OF COUNTRY LIQUOR

________________________________________________________________________

This Agreement for Sale of Country Liquor (herein after referred to as "the

Agreement") made and entered into this --------------------- day of

20---------------------.

BETWEEN

The Excise Commissioner Chhattisgarh GST Bhavan Nawa Raipur

Chhattisgarh, which expression shall, unless it is repugnant to the context or

meaning thereof, be deemed to mean and include its successors and assigns, of

the First Part,

AND

___________________________________________________________ having

its

office

___________________________________________________

(herein after referred to as "the Supplier/ C.S.1B/C.S.1BB") which expression

shall, unless it is repugnant to the context or meaning thereof, be deemed to mean

and include its successors and assigns, of Second Part.

WHEREAS

The above Parties have agreed to enter into this Agreement for

Supply of Country Liquor and to lay down the obligations and

responsibilities of the Supplier in relation to the supply here to, set

out here under the terms of the Agreement and both shall sincerely

abide by the terms of this Agreement.

NOW THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:-

DEFINITIONS: In this Agreement, unless the context otherwise

requires, the following words and expressions shall have the same

meaning as assigned to them hereunder;

1.1

'Agreement' means this Agreement for Supply of Country Liquor

entered into between The Excise Commissioner and the Supplier/

C.S.1B/C.S.1BB licensee for the Supply of Country Liquor;

1.2 „CL‟ means Country Liquor.

1.3 „Brand‟ means Masala and Plain.

146(10)

1.4

'Label' means the different types of Country Liquor known in

different names in the market as approved by the Excise

Commissioner, State of Chhattisgarh;

1.5

'Case' means 12 Nos. of 750 ml ,24 Nos. of 375 ml and 48 Nos. of

180 ml of CL.

1.6 „Warehouse‟ means manufacturing warehouse or storage

warehouse.

1.7 'Delivery' means the delivery of stock done by the C.S.1 licensee

at the ware houses of CSBCL;

1.8

'Destination' shall mean the warehouse of the “CSBCL” where the

stock are to be supplied or other location within the State of

Chhattisgarh, as may be specified in the Stocking Order for the

supply of the Stock;

1.9

'Offer Price' means the price quoted by the C.S.1B/C.S.1BB

licensee for the supply of the stock in terms of the rate offer

invited by The Excise Commissioner and includes all expenses of

manufacture, packaging, freight, insurance, taxes etc whatsoever.

1.10

'Stock' means the stock of Country Liquor of C.S.1B/C.S.1BB

licensee at Warehouse/ Retail liquor shop under this

agreement.

1.11

'Stocking Order' means the order for supply of Stock drawn by

CSMCL on C.S.1/C.S.1B/C.S.1BB licensee for the supply of

the stock to CSBCL warehouse;

CONDITIONS FOR SUPPLY :

The following shall be the conditions for the supply of country

liquor under this Agreement.

Price applicable for supply

2.1

The purchase shall be made upon the Price fixed by the

Government and agreed to by the C.S.1B/C.S.1BB licensee. No

deviation from the Price would be permitted during the currency

of this Agreement.

2.2

The Price fixed under this Agreement shall be for all the

destinations and shall be deemed to be inclusive of all expenses of

the C.S.1B/C.S.1BB licensee, packing and forwarding charges,

freight, insurance, taxes etc whatsoever.

2.3

The C.S.1 licensee shall incur all the expenditure incurred for the

delivery of the Stock at the destination. These expenses shall

include the unloading charges of the Stock at the destination.

2.4

The Price determined under this Agreement shall be applied

uniformly irrespective of the location of the destination within the

State of Chhattisgarh.

146(11)

2.5

The determination of the Price for the purpose of this Agreement

shall be only for the licensees for which the labels are approved

/renewed by the Excise Commissioner of Chhattisgarh as on the

date of presentation of rate offers.

2.6

The Stock shall be dispatched to CSBCL warehouse by the

licensee under valid transport permit issued by the competent

authority;

Packing of Stock

2.7

The Supplier shall ensure that the Stock supplied is

adequately and properly packed to prevent any loss, damage

or deterioration of the contents during transit. The sealing of

the liquor shall be as per the directions issued by Excise

Commissioner time to time, Any expenses occuring on the

account of it during the contract period shall not be

indemnified.

2.8

All damages and breakage of the Stock supplied on account

of defective and improper packing or on account of any

manufacturing defect in the contents or on improper storage

in warehouses shall be to the account of the Supplier.

2.9

The country liquor of prescribed specifications shall be duly

bottled, corked and sealed and shall be transported after being

duly packed in New Cartons of 5 ply card board as per BIS

packing norms to the warehouses. In no case old, used or

damaged cartons will be used for the purpose of packing.

SUPPLY

2.10

The C.S.1B/C.S.1BB licensee shall supply country liquor in

sealed bottles with hologram stickers affixed as prescribed by

the Excise Commissioner, Chhattisgarh, Raipur on each

bottle of CL. The hologram stickers are to be supplied by the

office of Excise Commissioner, Raipur at the rate fixed by the

Excise Commissioner.

2.11

The country liquor shall be supplied in glass bottles only.

2.12

The CSMCL shall issue the Stocking Order in justified

manner.

2.13

The C.S. 1 Licensee, shall supply country liquor within time

limit, as per demand by transporting it to the warehouse of

CSBCL at its own cost. List of Country Liquor warehouse

along with concerned Districts are attached in Annexure-G.

2.14

Estimated consumption of Country Liquor for the year

2023-24 (on the basis of actual consumption from April to

January and expected consumption of February and March) is

attached in Annexure-H.

146(12)

Dispatch Advice

2.16

It shall be the obligation of the Supplier to communicate the

following

particulars

the

designated

warehouse

immediately with the dispatch of the Stock;

(a)

Stocking Order No. and Date.

(b)

Number of Cases dispatched and mode of dispatch.

(c)

Other relevant particulars necessary to ensure delivery

of Stock at the designation.

(d)

Fill all required detail of dispatch note online in

CSBCL Portal (https://csbc.cg.nic.in), and then only the

consignment vehicle will be received and will get

unloaded.

(e)

Attach the dispatch note as mentioned in (d) above,

along with invoice.

Delivery Schedule

2.17

The C.S. 1 licensee shall be responsible to ensure that the

supply of the Stock is made within the time period indicated

in the Stocking Order placed for the supply.

2.18

In case the address of the destination specified in the Stocking

Order is changed, the same shall be informed to the C.S.1

licensee. The C.S. 1 licensee shall be responsible to deliver

the Stock at such changed destination. Any extra expenditure

incurred by the C.S.1/ C.S.1B/C.S.1BB licensee on account

of this subsequent change of destination shall not be paid.

2.19

The C.S.1 licensee shall also ensure the following at his risk

and responsibility;

2.19.1 That the consignment travels exactly along the route

prescribed in the No objection certificate (NOC)/Transport

2.15

Country Liquor shall be transported from the production unit

to the CSBCL warehouse in sealed containers equipped with

digital lock and GPS tracking system as specified in

Annexure-F. Wear and tear (breakage /theft/leakage/loss

due

accident,

fire/natural calamity

etc.)

in the

transportation of country liquor shall be borne by the C.S.1

licensee. It shall be governed by the rules made under

Chhattisgarh Country Spirit Rules, 1995 (as ammended).

146(13)

Permit by Excise Department and that there is no deviation

there from.

2.19.3 Prescribed NOC should be obtained from the concerned

receiving districts for transfer of liquor stock from

manufacturing location to CSBCL warehouse.

2.19.4 That all laws, rules, regulations and instructions including in

particular the provisions of Chhattisgarh Excise Act, 1915 and

rules made there under shall be complied. The supplier shall

indemnify, the Excise Department against any eventuality of

any loss incurred on account of any violation of laws, rules &

regulations and instructions or accident caused to the stock in

transit as per relevant provisions.

2.19.5 That all adequate arrangements have been made for transport

and delivery of consignment at the specified destination.

2.19.6 That in case of any accidents in route, the C.S.1 licensee shall;

(a)

Immediately lodge a complaint before the Police Station and

inform the Excise Office having the jurisdiction;

(b)

Inform CSBCL and the destination specified for delivery

about the accident, without any delay, through the quickest

mode of communication;

and

(c)

Procure all relevant documents for the proof of the

accident in case revalidation permits or any other legal

formalities have to be complied with.

2.19.7 If the quantity ordered on monthly basis, whether in part or in

whole, is not supplied by the licensee up to the last date by which

the supplies should have been made, the Excise Commissioner

may impose penalty as per the provision under Chhattisgarh

Country Spirit Rules, 1995 (as amended) on the supplier.

2.19.2 That if the C.S.1B/C.S.1BB licensee is unable to dispatch the

Stock before the expiry of the NOC/Transport Permit, it shall

report the matter to the Excise Officer of the concerned

District as well as, General Manager of the CSBCL within 01

working day, along with the permit in original and Certificate

of non-utilization issued by the Excise Officer in charge of

the C.S.1B/C.S.1BB licensee explaining the reasons for such

delay.

146(14)

Quality & Condition of Stock

Country Liquor shall be supplied in clean glass bottles

only.

Country Liquor shall be clear and free from sediments and

other particles.

Country

Liquor

shall

free

from

harmful

ingredients/particles/insects etc.

The Country Liquor shall be free of added colouring

material except caramel and shall not develop any turgidity

on being diluted with water. The colour and essence used

should be of food grade quality.

Every C.S.1B/C.S.1BB licensee should employ a Quality

Control manager in each bottling unit who will be squarely

responsible for the quality of the country liquor.

The Supply of Country Liquor shall be done by “Track &

Trace” System only.

The C.S.1 licensee shall supply its product through vehicles

having “GPS tracker device.” The technical specification

will be as prescribed in Annexure “F”

The quality of Country Liquor will be as prescribed by C.G.

State Excise Department from time to time.

The C.S.1B/C.S.1BB licensee shall take care of fire safety

and will arrange for sufficient fire fighting equipments in each

of the bottling unit.

The water being used to manufacture country liquor should be

used only after getting it tested and certified to be safe for

human consumption by the Public Health Engineering

Department/ Government approved Lab. once in a quarter.

Demineralised water should be used for manufacturing of

country liquor.

All C.S.1B/C.S.1BB licensee shall mandatorily have CCTV

Cameras in the premises. The Camera and Connectivity will be

provided by the licensee.

Further, in addition to above, if the penalty imposed, as mentioned

above is not paid by the licensee, actions like issuance of Recovery

Notice to Licensee concerned, Suspension/Cancellation of license,

Black listing etc. shall be initiated against the licensee. The

decision of the Excise Commissioner as to whether the cause of

default/failure was on account of good or sufficient reasons shall

be final and binding on the licensee

The glass bottles should be compulsorily double washed

and no dirty bottles will be permitted to be used.

146(15)

COUNTRY LIQUOR

COMPANY NAME & COMPANY ADDRESS

DATE :-

CHEMICAL ANALYSIS REPORT

Brand Name ......................Label Name............... Sample/ Size .........................................

Batch No....................................... Date

...........................................................................

Vat No ............................................. Date Of Sample Drawn .................................................

Analysis Date ......................................................

LAB Analysis Report:

Remarks:-

The

Sample

____________________

analyzed

Complies

with

IS:_______________________

2. It is certified that the sample of ________________________________ is fit for human

consumption.

Officer-in-Charge

Chief Chemist/Chemist

TERMS OF PAYMENT :-

The terms for making payment for the Country Liquor purchased in terms

of the Agreement shall be as follows;-

CSMCL shall pay the C.S.1B/C.S.1BB licensee only for the

raise bills after 10^th, 20^th and last day of the month which will be

payable by CSMCL respectively by 20^thof the month, last day of

the month and 10^th day of the next month respectively. Stock

stored in warehouse of CSBCL shall not be eligible for any

payment.

S.No.

Characteristics

Result Observed in Sample

General Property

Base Of Liquor - Rectified Spirit

Ethyl Alcohol Content % v/v

Volatile Acids as Acetic Acid

(gms/100 lts Of

Absolute alcohol Max)

Higher Alcohol as Amyl Alcohol

(gms/100 lts Of Absolute Alcohol

Max)

Esters as Ethyl Acetate (gms/100 lts

Absolute Alcohol Min)

Aldehydes as Acetaldehyde

(gms/100 ltd of

absolute alcohol Max)

Methyl Alcohol

stock lifted for retail shops. Payments will be calculated on the

stock lifted in every 10 days. The C.S.1B/C.S.1BB licensee shall

146(16)

OTHER CONDITIONS FOR SUPPLY:- The following

conditions shall also constitute the obligations of the Supplier:

2.1

The C.S.1B/C.S.1BB licensee shall raise the invoices for the

stock strictly as per the description of the stock lifted and the

invoices shall only bear the consolidated rate mentioned in the

Stocking Order without any breakup.

2.2

The C.S.1/C.S.1B/C.S.1BB licensee should abide by the

provisions of Chhattisgarh Excise Act. 1915 and rules made there

under in force from time to time and any other relevant enactment

like the Standards of Weights & Measures Act. 1976/(Enf) Act.

1986/and Packed Commodities Rules, 1977 etc. The C.S.1

/C.S.1B/C.S.1BB licensee is solely and individually responsible

for all the consequences arising out of the violations in this regard.

Any legal complications arising out of the failure to comply with

various rules shall be the sole responsibility of the C.S.1/

C.S.1B/C.S.1BB licensee.

2.3

Any losses/damages suffered by the Excise Department

/CSMCL/CSBCL due to any lapse or violation on the part of the

C.S.1/ C.S.1B/C.S.1BB licensee shall be indemnified by C.S.1/

C.S.1B/C.S.1BB licensee.

TERMINATION OF CONTRACT :-

3.1

In case of any default by the licensee of any of the terms & conditions

or in case the licensee fails to adhere with Chhattisgarh Excise Act and

Rules, Excise Commissioner may without prejudice to any other

right/remedy which shall have accrued or shall accrue thereafter,

terminate the contract, in whole or in part, under provision of section

31 of Chhattisgarh Excise Act, 1915.

3.2

Any complaint regarding the quality of the liquor is raised or the

liquor, after the Chemical Analysis, found to be unfit for human

consumption, the contract may be terminated with immediate effect.

3.3

All instructions, notices and communications etc. under the contract

will be given in writing and if sent to the last known place of business,

shall be deemed to be served on the date, even in ordinary course of

post, these would have been delivered to the C.S.1/C.S.1B/C.S.1BB

licensee.

3.4

Notwithstanding anything contained herein, Excise Commissioner also

reserves the right to terminate the contract at any time or stage during

the period of contract, by giving 30 days’ notice in writing without

assigning any reason and without incurring any financial liability

whatsoever to the licensee.

146(17)

MISCELLANEOUS PROVISIONS :- The following provisions

shall also constitute the part of this Agreement.

Currency of Agreement

4.1

This Agreement comes into force with immediate effect and shall

remain valid till 31 March, 2025

Forum for legal proceedings

4.2

The parties herein agree to submit all claims, disputes or differences

whatsoever which may at any time hereafter arise between the parties

hereto concerning this Agreement or its construction or effect or as

to the rights, duties, obligations or liabilities of the parties hereto or

either of them under or by virtue of or in connection with this

Agreement or any document executed or security created pursuant

hereto or otherwise as to any other matter in any way connected with

or arising out of or in relation to the subject matter of this Agreement

to the exclusive jurisdiction of the courts at Raipur.

Inspection

4.3 The Excise Commissioner or any Officer authorized by him shall

have right to inspect, test and expedite supply or get inspected,

tested and expedite the supply of goods at works of the C.S.1/

C.S.1B/C.S.1BB licensee or at any other place as decided by

him.

4.4

The Supplier shall abide by and carry out all the obligations under

the terms and conditions of the said licence.

Pre-Contract Integrity Pact

4.5 C.S.1B/C.S.1BB licensee shall also sign the Integrity pact as

Annexed in “Annexure – I”

Annexure

4.6 All annexures will be part and parcel of this Agreement.

(Authorized Signatory)

On behalf of

C.S.1B/C.S.1BB

Licensee (Supplier)

(Authorized Signatory)

Excise Commissioner

Chhattisgarh/ Officer Authorized

Witnesses(Name & Address):- Signatory

(1)

_____________________________________ (

)

(2)

_____________________________________ (

)

(Please sign at the place specified)

146(18)

ANNEXURE-D

COST SHEET OF COUNTRY LIQUOR BRANDS

Name of brand and label :- -------------------------------

Name Of C.S.1B/C.S.1BB licensee :------------------------------

Brand/Label No. registered with the Excise Commissioner, Chhattisgarh -------------

Date ------------

* EDP/EFP of all pack size to be quoted separately.

** Freight Charges will include charges from Manufacturer to CSBCL CL warehouses.

***

Please submit the relevant documentary proof of any taxes/duties/fees

Included in cost sheet above

**** The above Annexure should also be submitted in USB Flash drive in Excel

Sheet.

***** The cost sheet of each label has to be duly attested by the Cost

Accountant/Chartered Accountant, specifying that the expenses quoted in the

Cost sheet are correct and reasonable.

(Authorized Signatory)

On behalf of

Supplier

//DECLARATION//

The expenses quoted in the above cost –sheet are correct and reasonable.

(Cost Accountant/Charted Accountant)

Registration no.:-

Name of firm& Correspondence

Address.:-

Details

Pack Size *

750 ML

375 ML

180 ML

Ex. Distillery Price (EDP)*

Freight Charges**

Loading and Unloading exp.

Transit Insurance

Any other taxes/ duties (if applicable)***

which is not covered above (with details)

Landing Price without Excise Duty

Excise Duty on EDP (50% of EDP)

Landing Price

146(19)

ANNEXURE-E

RATE OFFER OF COUNTRY LIQUOR LABELS

FOR (Freight on Receipt) rates for Brand/labels to be supplied

NAME OF THE C.S.1B/C.S.1BB LICENSEE:

NAME OF THE COMPANY/SUPPLIER:

LANDING PRICES FOR 2024-25

Brand

Name

(Masala

/ Plain)

Label

Name

Pack

Size

No. of

bottles

QTY

PL/BL

in one

case

EDP for

year

2024-25

without

Excise

Duty

Amount of

Excise

Duty/Countervail

ing Duty (as

applicable) (50%

of column 6)

Warehouse

charges

(Per box)

Fixed

Rs. 6/-

Final Landing

Price for year

2024-25

(Including

transportation

Charges upto

storage ware

houses of

CSBCL )

***Excise Duty/Countervailing Duty as applicable.

I declare that the information furnished above is true and correct.

Signature of Chief Executive

Place

Name

Date

Seal

Designation

Address

Note: - The above information is also to be provided in USB flash drive, in sealed envelope

with the rate offer.

146(20)

Specification Of Digi Lock/GPS

Annexure -F

S. No.

FEATURE

Specification

GPS Module

Ublox

Frequency Band

900/1800/900 Mhz

In-Build Battery

15000 mAh

Transmission mode

TCP

Vibration detecting

Built in 3G Sensor

Lock Status

Real time monitoring

Unlock

RFID/ Remote password

Wake up mode

Call/ SMS/ Swiping card/ Vibration/E-Rope

cut off

Antenna - GPS

Internal

Antenna - GSM

Internal

Protection Grade

IP67

Working Temperature

-20 to +60 ⁰C

Storage temperature

-40 to +80 ⁰C

Relative humidity

5% - 99%

Average standby current

Less than 0.1 mA

Average working current

Less than 90 mA

Virtual Odometer

GPS Based

Data Logging

Supported

Smart Algorithm of Data Acquisition

Time, Distance and Angle

SMS Configurable

Supported

This device can be unlocked by using RFID cards or SMS commands. The software

application embedded in the device should be seamlessly integrable into existing

Chhattisgarh Excise PSIM.

146(21)

ANNEXURE-G

List of Warehouses

S.No.

Name of Warehouse

Name of District

Raipur

Mahasamund

Mahasamund,

Gariyaband

Bhilai

Durg

Rajnandgaon

Rajnandgaon,

Khairagarh-

Chhuilkhadan-Gandai,

Mohla-Manpur-

Ambagarh Chowki

Dhamtari

Dhamtari, Balod, North

Bastar Kanker

Jagdalpur

Bastar, South Bastar

Dentewada, Sukama,

Bijapur, Narayanpur,

Kondagaon

Bilaspur

Bilaspur, Gaurela-Pendra-

Marwahi

Kabirdham

Kabirdham, Bemetara,

Mungeli

Baloda-Bazar

Janjgir-Champa

Janjgir-Champa, Sakti,

Korba

Ambikapur

Sarguja, Surajpur,

Balrampur,

Koria, Manendragarh-

Chirmiri-Bharatpur

Raigarh

Raigarh, Jashpur,

Sarangarh-Bilaigarh,

Note:- The warehouses can be increased or decreased by Excise Commissioner as per

requirement at any point of time.

146(22)

Annuxere-H

District wise estimated consumption of country liquor in the financial

Year 2023-24

S.No.

Name of District

Name of

Warehouse

Estimated consumption of

Country Liquor for 2023-24 (on

the basis of actual consumption of

10 Months)

Masala

(P.L)

Plain

(P.L.)

Total

(P.L.)

Raipur

9131422

1172632

10304054

Balodabazar

2959366

451657

3411023

Gariaband

500071

625132

1125203

Mahasamund

330228

1650575

1980802

Dhamtari

1211695

2445919

3657614

Durg

Bhilai

4908648

3167611

8076259

Balod

162310

3226515

3388823

Bemetara

1236384

1728929

2965313

Rajnandgoan

111780

2769373

2881153

Kabirdham

Kawardha

114471

2400394

2514864

Jagdalpur

933

15060

15993

Narayanpur

Jagdalpur

816

75146

75963

Kondagoan

Jagdalpur

662

72733

73395

N.B. Kanker

Dhamtari

41529

326708

368237

S.B.Dantewada

Jagdalpur

855

27489

28345

Bijapur

Jagdalpur

686

19561

20247

Sukma

Jagdalpur

13578

Bilaspur

Gatauri

536676

4831795

5368471

Gaurela-Pendra-

Marwahi

Mungeli

37130

2091992

2129123

Janjgir-Champa

Janjgir-

2633634

Korba

177359

1798688

1976047

Raigarh

368227

1080856

1449083

Jashpur

Raigarh

897

28724

29621

146(23)

Sarguja

Ambikapur

17550

34510

52060

Balrampur

Surajpur

Ambikapur

21174

Koria

Ambikapur

4217

Khairagarh-

Chhuilkhadan-Gandai

Rajnandgoan

60977

1332575

1393551

Shakti

Janjgir

1944

868061

870005

Sarangarh-Bilaigarh

Raigarh

51929

817049

868978

Manendragarh-Chirmiri-

Bharatpur

Ambikapur

88744

Mohla-Manpur-

Ambagarh Chowki

Rajnandgoan

12442

301449

313890

Total

146(24)

ANNEXURE “I”

PRE-CONTRACT INTEGRITY PACT

(To be submitted on non-Judicial Stamp Paper of value in

accordance with provisions of Stamp Act)

1.GENERAL

1.1. This pre-bid contract Agreement (herein after called the Integrity Pact) is

made on .................day of the month ........... 20...... between, the

Government

Chhattisgarh

acting

through

Excise

Commissioner

Chhattisgarh..............................................................................................

(which shall mean and include, unless the context otherwise requires, his

successors in the office and assigns) and the First Party and M/s

............................................

represented

Shri

.................................................................

Chief

Executive

Officer

(hereinafter called the SUPPLIER, which expression shall mean and include,

unless the context otherwise requires, his successors and permitted assigns)

and the Second Party, is willing to offer/ has offered.

1.2. WHEREAS the SUPPLIER is a Private Company/Public Company/

Government

Undertaking/

Partnership/Registered

Export

Agency,

constituted in accordance with the relevant law in the matter and the BUYER

is a Corporation of the Government, performing its function on behalf of the

Government of Chhattisgarh.

2. OBJECTIVES

NOW, THEREFORE, the BUYER and the SUPPLIER agree to enter into this

pre-contract agreement, hereinafter referred to as Integrity Pact, to avoid all

forms of corruption by following a system that is fair, transparent and free

from any influence/prejudiced dealings prior to, during and subsequent to

the Contract to be entered into with a view to: -

2.1.

Enabling

the

BUYER

obtain

the

desired

Stores/Equipment/Work/Service at a competitive price in conformity with

the defined specifications by avoiding the high cost and the distortionary

impact of corruption on public procurement, and

2.2. Enabling SUPPLIER’s to abstain from bribing or indulging in any corrupt

practices in order to secure the contract by providing assurance to them that

their competitors will also abstain from bribing any corrupt practices and the

BUYER will commit to prevent corruption, in any form, by its official by

following transparent procedures.

3. COMMITMENTS OF THE BUYER

The BUYER commits itself to the following: -

3.1. The BUYER undertakes that no official of the BUYER, connected directly

or indirectly with the contract, will demand, take promise for or accept,

directly or through intermediaries, any bribe, consideration, gift, reward,

favor or any material or immaterial benefit or any other advantage from the

146(25)

SUPPLIER, either for themselves or for any person, organization or third

party related to the contract in exchange for an advantage in the bidding

process, bid evaluation, contracting or implementation process related to the

contract.

3.2. The SUPPLIER will, during the pre-contract stage, treat SUPPLIER’s

alike, and will provide to all SUPPLIER’s the same information and will not

provide any such information to any particular SUPPLIER which could afford

an advantage to that particular SUPPLIER in comparison to the other

SUPPLIER’s.

3.3. All the officials of the BUYER will report the appropriate Government

office any attempted or completed breaches of the above commitments as well

as any substantial suspicion of such a breach.

In case any such preceding misconduct on the part of such official(s) is

reported by the SUPPLIER to the BUYER with the full and verifiable facts and

the same prima fade found to be correct by the BUYER, necessary

disciplinary proceedings, or any other action as deemed, fit, including

criminal proceedings may be initiated by the BUYER and such a person shall

be debarred from further dealings related to the contract process. In such a

case while an enquiry is being conducted by the BUYER the proceedings

under the contract would not be stalled.

4. COMMITMENTS OF Supplier

The SUPPLIER commits itself to take all measures necessary to prevent

corrupt practices, unfair means an illegal activity during any stage of its bid

or during any pre-contract or post-contract stage in order to secure the

contract or in furtherance to secure it and in particular commit itself to the

following:

4.1. The SUPPLIER will not offer, directly or through intermediaries, any

bribe, gift, consideration, reward, favour, any material or immaterial benefit

or other advantage, commission, fees, brokerage or inducement to any official

of the BUYER, connected directly or indirectly with the biding process, or to

any person, organization or third party related to the contract in exchange for

any advantage in the bidding, evaluation, contracting and implementation of

the contract.

4.2. The SUPPLIER further undertakes that it has not given, offered or

promised to give, directly or indirectly any bribe, gift, consideration, reward,

favor, any material or immaterial benefit or other advantage, commission,

fees, brokerage, or inducement to any official of the BUYER or otherwise in

procuring the Contract of forbearing to do or having done any act in relation

to the obtaining or execution of the contract or any other contract with the

Government for showing or forbearing to show favor or dis-favor to any

person in relation to the contract or any other contract with the Government.

4.3. The SUPPLIER further confirms and declares to the BUYER that the

SUPPLIER

the

original

Manufacture/Integrator/Service

Provider/

Authorized government sponsored export entity of the stores and has not

146(26)

engaged any individual or firm or company whether Indian or foreign to

intercede, facilitate or in any way to recommend to the BUYER or any of its

functionaries, whether officially or unofficially to the award of the contract to

the SUPPLIER, nor has any amount been paid, promised or intended to be

paid to any such individual, firm or company in respect of any such

intercession, facilitation or recommendation.

4.4. The SUPPLIER, either while presenting the bid or during pre-contract

negotiations or before signing the contract, shall disclose any payment he

has made, is committed to or intends to make to officials of the BUYER or

their family members, agents, brokers or any other intermediaries in

connection with the contract and the details of services agreed upon for such

payments.

4.5. The SUPPLIER will not collude with other parties interested in the

contract to impair the transparency, fairness and progress of the bidding

process, bid evaluation, contracting and implementation of the contract.

4.6. The SUPPLIER will not accept any advantage in exchange for any

corrupt practice, unfair means and illegal activities.

4.7. The SUPPLIER shall not use improperly, for purpose of competition or

personal gain, or pass on to others, any information provided by the BUYER

as part of the business relationship, regarding plans, technical proposal and

business details, including information contained in any electronic data

carrier. The SUPPLIER also undertakes to exercise due and adequate care

lest any such information is divulged.

4.8. The SUPPLIER commits to refrain from giving any complaint directly or

through any other manner without supporting it with full and verifiable facts.

4.9. The SUPPLIER shall not instigate or cause to instigate any third person

to commit any of the acts mentioned above.

5. PREVIOUS TRANSGRESSION

5.1. The SUPPLIER declares that no previous transgression occurred in the

last three years immediately before signing of this Integrity Pact with any

other company in any country in respect of any corrupt practices envisaged

hereunder or with any Public-Sector Enterprise in India or any Government

Department in India that could justify SUPPLIER’s exclusion from the tender

process.

5.2. If the SUPPLIER makes incorrect statement on this subject, SUPPLIER

can be disqualified from the tender process or the contract, if already

awarded, can be terminated for such reason.

6.EARNEST MONEY & SECURITY DEPOSIT

6.1. Every SUPPLIER while submitting commercial bid, shall deposit an

amount as specified in RFP as EMD/Security Deposit, with the BUYER

through any of the following instruments:

(i) EMD through Bank Draft in favor of Managing Director CSMCL, RAIPUR

payable at RAIPUR

(ii) Security Deposit in form of Bank as per Clauses of tender document

146(27)

6.2. The EMD/Security Deposit shall be valid up to a period of five years or

the complete conclusion of the contractual obligations to the complete

satisfaction of both the SUPPLIER and BUYER, including warranty period,

whichever is later.

6.3. In the case of successful SUPPLIER, a clause would also be incorporated

in the Article pertaining to Performance Bond in the Purchase Contract that

the provisions of Sanctions for violation shall be applicable for forfeiture of

Performance Bond in case of a decision by the BUYER to forfeit the same

without assigning any reason for imposing sanction for violation of this Pact.

6.4. No interest shall be payable by the BUYER to the SUPPLIER on

EMD/Security Deposit for the period of its currency.

7. SANCTIONS FOR VIOLATIONS

7.1. Any breach of the aforesaid provisions by the SUPPLIER or any one

employed by it or acting on its behalf (whether with or without the knowledge

of the SUPPLIER) shall entitle the BUYER to take all or any one of the

following actions, wherever required: -

(i) To immediately call off the pre-contract negotiations without assigning any

reason or giving any compensation to the SUPPLIER. However, the

proceedings with the other SUPPLIER(s) would continue.

(ii) To forfeit fully or partially the EMD (in pre-contract stage) and/or Security

Deposit/Performance Bond (after the contract is signed), as decided by the

BUYER and the BUYER shall not be required to assign any reason therefore.

(iii) To immediately cancel the contract, if already signed, without giving any

compensation to the SUPPLIER.

(iv) To recover all sums already paid by the BUYER, and in case of the Indian

SUPPLIER with interest thereon at 2% higher than the prevailing Prime

Lending Rate while in case of a SUPPLIER from a country other than India

with interest thereon at 2% higher than the LIBOR. If any outstanding

payment is due to the SUPPLIER from the BUYER in connection with any

other contract such outstanding payment could also be utilized to recover the

aforesaid sum and interest.

(v) To encash the advance bank guarantee and performance bond/warranty

bond, if furnished by the SUPPLIER, in order to recover the payments,

already made by the BUYER, along with interest.

(vi) To cancel all or any other contracts with the SUPPLIER and the

SUPPLIER shall be liable to pay compensation for any loss or damage to the

BUYER resulting from such cancellation/rescission and the BUYER shall be

entitled to deduct the amount so payable from the money(s) due to the

SUPPLIER.

(vii) To debar the SUPPLIER from participating in future bidding processes of

the Government of Chhattisgarh for a minimum period of five years, which

may be further extended at the discretion of the BUYER.

(viii) To recover all sums paid in violation of this Pact by SUPPLIER(s) to any

middlemen or agent or broken with a view to securing the contract.

146(28)

(ix) In cases where irrevocable Letters of Credit have been received in respect

of any contract signed by the BUYER with the SUPPLIER, the same shall not

be opened.

(x) If the SUPPLIER or any employee of the SUPPLIER or any person acting on

behalf of the SUPPLIER, either directly or indirectly, is closely related to any

of the officers of the BUYER, or alternatively, if any close relative of an officer

of the BUYER has financial interest/stake in the SUPPLIER's firm, the same

shall be disclosed by the SUPPLIER at the time of filling of tender. Any failure

to disclose the interest involved shall entitle the BUYER to rescind the

contract without payment of any compensation to the SUPPLIER.

The term 'close relative' for this purpose would mean spouse whether

residing with the Government servant or not, but not include a spouse

separated from the Government servant by a decree or order of a competent

court; son or daughter or step son or step daughter and wholly dependent

upon Government servant, but does not include a child or step child who is

no longer in any way dependent upon the Government servant or of whose

custody the Government servant has been deprived of by or under any law;

any other person related, whether by blood or marriage, to the Government

servant or to the Government servant's wife or husband and wholly

dependent upon Government servant.

(xi)The SUPPLIER shall not lend to or borrow any money from or enter into

any monetary dealings or transactions, directly or indirectly, with any

employee of the BUYER, and if he does so, the BUYER shall be entitled

forthwith to rescind the contract and all other contracts with the SUPPLIER.

The SUPPLIER shall be liable to pay compensation for any loss or damage to

the BUYER resulting from such rescission and the BUYER shall be entitled to

deduct the amount so payable from the money(s) due to the SUPPLIER.

7.2. The decision of the BUYER to the effect that a breach of the provisions of

this pact has been committed by the SUPPLIER shall be final and conclusive

on the SUPPLIER. However, the SUPPLIER can approach the Monitor(s)

appointed for the purposes of this Pact.

8. FALL CLAUSE

8.1. The SUPPLIER undertakes that if has not supplied/is not supplying

similar product/services/systems or subsystems at a price lower than that

offered in the present bid in respect of any other Department of the

Government of Chhattisgarh or PSU and if it is found at any stage that

similar product/systems or sub systems was supplied by the SUPPLIER to

any other Department of the Government of Chhattisgarh or a PSU at a lower

price, then that very price, with due allowance for elapsed time, will be

applicable to the present case and the difference in the cost would be

refunded by the SUPPLIER to the BUYER,. if the contract has already been

concluded.

146(29)

9. INDEPENDENT MONITORS

9.1. The BUYER will appoint Independent Monitors (hereinafter referred to as

Monitors) for this Pact.

9.2. The task of the Monitors shall be to review independently and

objectively, whether and to what extent the parties comply with the

obligations under this Pact.

9.3. The Monitors shall not be subject to instructions by the representatives

of the parties and perform their functions neutrally and independently.

9.4. Both the parties accept that the Monitors have the right to access all the

documents relating to the project/procurement, including minutes of

meetings. The Monitor shall be under contractual obligation to treat the

information

and

documents

the

SUPPLIER/Subcontractor(s)

with

confidentiality.

9.5. As soon as the Monitor notices, or has reason to believe, a violation of

this Pact, he will so inform the Authority designated by the BUYER.

9.6. The Monitor will submit a written report to the designated Authority of

BUYER/Manager in the Corporation/within 8 to 10 weeks from the date of

reference or intimation to him by the BUYER/SUPPLIER and, should the

occasion arise, submit proposals for correcting problematic situations.

10. FACILITATION OF INVESTIGATION

In case of any allegation of violation of any provisions of this Pact or payment

of commission, the BUYER or its agencies shall be entitled to examine all the

documents including the Books of Accounts of the SUPPLIER and the

SUPPLIER shall provide necessary information of the relevant documents and

shall extend all possible help for the purpose of such examination.

11. LAW AND PLACE OF JURISDICTION

This Pact is subject to Indian Law, the place of performance and jurisdiction

shall be the seat/venue at Raipur, Chhattisgarh.

12. OTHER LEGAL ACTIONS

The actions stipulated in this Integrity Pact are without prejudice to any

other legal action that may follow in accordance with the provisions of the

any other law in force relating to any civil or criminal proceedings.

13. VALIDITY

13.1. The validity of this Integrity Pact shall be from the date of its signing

and extend up to 5 years or the complete execution of the contract to the

satisfaction of both the BUYER and the SUPPLIER /Seller whichever is later.

In case SUPPLIER is unsuccessful, this Integrity Pact shall expire after six

months from the date of the signing of the contract.

146(30)

13.2. If one or several provisions of this Pact turn out to be invalid; the

remainder of this Pact shall remain valid. In such case, the parties will strive

to come to an agreement to their original intentions.

The

parties

hereby

sign

this

Integrity

Pact

at.............................................on...........................

BUYER SIGNATURE

SUPPLIER SIGNATURE

Name of the Officer

Proprietor/ Partner

Designation

Department/ PSU

Witnesses

1)...................................................

…...................................................

2)...................................................

...................................................

1)...................................................

…...................................................

2)...................................................

...................................................

146(31)