3.
The last date for receipt of rate offers in the Office of the Excise
Commissioner at Raipur (Chhattisgarh) is 26.07.2024 by 17:30 hrs. which
shall be opened on 29.07.2024 at 11:00 hrs. The participating firms
shalldeposit a non-refundable fee of Rs. 59,000/- (50,000 + 18% GST) (Rupees
Fifty-Nine Thousand only)towards registration by account payee Bank Draft of
any Nationalised Bank/ Scheduled Commercial Bank payable at Raipur in favour
of Excise Commissioner.
Application form along with the terms and conditions governing the
offers and other documents can be obtained from the office of Excise
Commissioner, GST Bhawan, North Block, Sector-19, Nawa Raipur, Atal
Nagar, Chhattisgarh on payment of non-refundable fee of Rs. 23,600/-(20,000 +
18% GST) (Rupees Twenty-Three Thousand Six Hundredonly) by demand draft
of any Nationalised / Scheduled Commercial Bank drawn in favour of Excise
Commissioner payable at Raipur.
CHECK LIST AND LIST OF DOCUMENTS REQUIRED AND SUBMITTED
This checklist contains certain important parameters only so as to facilitate the
suppliers to make sure that the necessary data/information is provided. This, however,
doesn’t relieve the bidder of his/her responsibility to make sure that his/her offer is
otherwise complete in all respect as per this rate offer document.
1.
Registration certificate with Excise Department, Chhattisgarh
2.
Copy of valid bottling license of FY 2024-25.
3.
Rate Offer Document Duly Sealed and Signed.
4.
Demand Draft of Registration fee/ Application Fee.
5.
Copy of valid legal registration of the firm as applicable. (Certificate of
Incorporation/Partnership/Proprietorship)
6.
Copy of valid address proof of the supplier as per Annexure A.
7.
Copy of PAN Card.
8.
Copy of GST Registration Certificate.
9.
Copy of valid FSSAI License as per Annexure A.
10.
Copy of valid label registration as approved by the Office of Excise
Commissioner, Chhattisgarh.
11.
Original Power of Attorney/ Authority letter of authorized signatory.
12.
Duly filled, sealed and signed all Annexures (A,B,C,D,E,F,G,H,I,J,K)
with necessary enclosures.
13.
Annexure H(i), H(ii), H(iii), I &K in USB flash – drive
580 (1)
"TERMS & CONDITIONS" OF RATE OFFER FOR REGISTRATION AND
SUPPLY OF IMFL/FMFL/MALTFOR FY 2024-25(01.09.2024 to 31.03.2025)
1. The offers should be sent in sealed covers superscript "Rate Offer for
registration and supply of IMFL/FMFL/MALT” and addressed to the Excise
Commissioner, GST Bhawan, North Block, Sector-19, Nawa Raipur, Atal
Nagar, Chhattisgarh so as to reach on or before 26.07.2024 by 17:30 hrs.
2.
(a) Offer shall be accompanied by account payee Bank Draft of any
Nationalised Bank/ Scheduled Commercial Bank in the name of Excise
Commissioner payable at Raipur of Rs. 59,000/- (50,000 + 18% GST)
(Rupees Fifty-Nine Thousand only)as registration fees.
(b) Offers which do not satisfy the conditions laid down in this
document are liable to be rejected and security amount will be
refunded
3.
(a) The offers shall be made in the enclosed application format.
(Annexure 'A')along with all other Annexures filled and duly signed on
each page.
(b)
The interested supplier will also submit the duly signed Terms and
Conditions of Rate offer.
(c)
All the above will form part of Agreement of the offer.
(d)
Annexure H(i), H(ii), H(iii), I and K should also be submitted in USB
Flash drive in Excel Sheet in Sealed Cover.
4.
(a)
Offers of only those brands of IMFL/FMFL and MALT which has
been registered/renewed with the Excise Commissioner Chhattisgarh
can be quoted. The name of the brand/label once quoted and approved
by the department will not be permitted to be altered throughout the
financial year.
580 (2)
(b)
The following information is to be Bar-coded on the labels affixed
to the bottles of liquor supplied.
(i)
Name of the Country.
(ii) Name of the Company.
(iii) Name of the Brand.
(iv) Size of the Package.
(v) Check Digit.
(vi) Retail Selling Price(RSP).
The above information will be over and above the requirements
stipulated in the State Excise label, which may be affixed on the
bottles separately.
(c)
Retail Selling Price (RSP)should be printed on the labels of bottles
supplied to CSBCL. The RSP will be fixed by the Government of
Chhattisgarh after the approval of its landing price.
(d)
The labels printed on the bottles and 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, 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 1D
barcode.”
(e)
The price quoted for each labels of IMFL/FMFL/MALT shall be per
case basis for supply to Godowns of CSBCL, situated within the
state of Chhattisgarh.
(f)
The rates of the labels quoted for, shall be in following pack sizes :-
(i)
“A bottle of capacity of less than 191 millilitres but not less than 142
millilitres shall be classed as a nip bottle”.
(ii)
“A bottle of capacity of less than 383 millilitres but not less than 246
millilitres shall be classed as a pints bottle”.
580 (3)
(iii) “A bottle of capacity of less than 767 millilitres but not less than
495 millilitres shall be classed as a quarts bottle”.
(iv)
“A bottle of capacity of 1000 millilitres but not less than 767
millilitres shall be classed as a Magnum bottle”.
5.
LANDING PRICE
(a)
The Supplier of IMFL/FMFL/Malt who has been registered with
Excise Commissioner Office, may submit the offer of Landing price
with Ex-Distillery Price (EDP)/Ex-Factory Price (EFP) for those
products, which they want to sell in Chhattisgarh, in the prescribed
format (Annexure 'A').
(b)
The supplier shall quote the rates for such label(s) which are
registered with the Excise Commissioner, Chhattisgarh as on the
date of submission of offer.
(c)
The supplier shall quote the Landing price for their products. They
shall also mention Ex-Distillery price(EDP)/Ex-Factory Price (EFP)
of their product, which they have quoted in adjoining States of
Chhattisgarh (Annexure H(i). The cost incurred on each product to
be annexed in Annexure “I”(Part –A/B/C as applicable),dulyattested
by Cost Accountant/Chartered Accountant in the declaration.
(d) The Ex-Distillery Price (EDP)/ Ex-Factory Price (EFP) quoted for
any label as approved by Excise Commissioner of Chhattisgarh,
should be lowest of the Ex-Distillery Price approved in adjoining
States. An affidavit in this regard is required to be submitted by the
supplier in (Annexure ”J”).
(e)
In case the brands/ label are not offered by supplier in the adjoining
States of Chhattisgarh, then the supplier(s) shall mention Ex-
Distillery price(EDP)/Ex-Factory Price (EFP) of their product(s)
approved for other States throughout India(Annexure H(ii). The Ex-
(v)
For Malt the maximum permitted pack size shall be bottles of 650
ml, 500 ml, 355 ml, 325ml, 330 ml, and Cans of 325ml, 330ml and
500mlonly.
580 (4)
Distillery Price (EDP)/ Ex-Factory Price (EFP) quoted for such
label(s)for Chhattisgarh should be lowest of the Ex-Distillery Price
approved in other States throughout India. An affidavit in this regard
is required to be submitted by the supplier in (Annexure ”J”).
(f)
In case of new label(s) registered in the state of Chhattisgarh during
the FY 2024-25, the supplier shall furnish certificate from
competent authority that the label is supplied in atleast 10
States/UTs(Union Territory) in India along with EDP/EFP
(Annexure H(iii). If it is not supplied in atleast 10 States/UTs, the
landing price of such label(s) shall not be approved. The Ex-
Distillery Price (EDP)/ Ex-Factory Price (EFP) quoted for such new
label(s)for Chhattisgarh should be lowest of the Ex-Distillery Price
approved in atleast 10 States/UTs throughout India.
(g) Fall clause: If at any point of time the supplier quotes lower EDP in
any of the adjoining States (as per clause 5(e) of Terms and
Conditions) or other States (as per clause 5(f) of terms and
conditions),the lowest EDP will be the EDP for Chhattisgarh and the
difference will be treated as revenue of the Government and which
shall be collected and deposited by CSBCL in Government
exchequer.
(h) The landing price quoted should be F.O.R (Freight on Receipt)
CSBCL Godowns inclusive of all expenses (like loading/ unloading
charges,
freight
charges,
transit
insurance,
countervailing
duty/excise
duty
which
would
applicable
as
per
Govt.
notification/any other duty, payable in advance and applicable taxes
levied or leviable by the Central and State Government) except
import duty and excise duty on FMFL which shall be paid directly
to the credit of Central/State Government according to Rule 10 (1)
of Chhattisgarh Foreign Liquor Rules1996. The supplier has to incur
all the expenditure till the stock is delivered at the prescribed depots
of the CSBCL as specified in the purchase order. The prices
580 (5)
(F.O.R.) quoted should be rounded off to the nearest rupee. The
location of CSBCL Godowns in Chhattisgarh are as follows:
(i) Siltara, Raipur (C.G.);
(ii) Sirgitti, Bilaspur (C.G.); and
(iii) Arasnara, Durg (C.G.)
Number of CSBCL Godowns are subject to change
(i)
In case the duty rates are increased or decreased by the Government
at any time, new landing prices would be calculated on the basis of
new duty/fees, which shall be acceptable to the supplier(s).
6.
The Documents and copy of conditions governing the offer shall be
signed on each page by the Chief Executive Officer of the Supplier or by
the Power of Attorney holder/ Authorized Signatory and shall bear the
seal of the unit. The name and address of the signatory should be clearly
mentioned against each such signature. Resolution regarding the
authorized signatory/ power of attorney holder from the competent body
should be attached.
7.
Once the prices of any of the labels are accepted by the department and
the acceptance of the rates is communicated by the department in writing
to the suppliers, it will constitute a rate contract. The rates once approved
cannot be altered/ withdrawn. The suppliers will be liable to supply as
much quantity of each brands/labels of different pack sizes as and when
required by CSBCL, at the approved rates. In case of failure to do so
CSBCL may take such action as it deems fit including recovery of any
direct / indirect loss that may be suffered by Department/ CSBCL and
Department /CSBCL will have right to recover the loss through forfeiture
of security held with it or otherwise.
580 (6)
8.
The quantity to be purchased from each supplier shall depend upon the
demand for the product.
9.
(a)
On receipt of the offers and their scrutiny by the department, it
shall be open to the Department to enter into negotiation with the
supplier.
(b)
The Chief executive Officer/Authorized Representative/ Power of
Attorney holder of the Company shall represent at the time of
negotiations.
10.
Any offer which does not satisfy the condition or is received without true
and correct information either in terms; documents or in the data sheet and
schedules shall be rejected.
11.
The decision of the Government of Chhattisgarh shall be final with
respect to: -
(a)
Acceptance or rejection of any or all the offers without assigning
any reason. The Supplier 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)
To select the Distillery/Brewery/Bottling Unit and brands/labels
out of those offered.
(c)
Fixation of landing prices, payments, and the terms of supplyfor
the offered labels.
12.
Quality of liquor supplied
580 (7)
(a) The quality of IMFL/FMFL/Malt to be supplied should be of
standards as fixed under Food Safety and Standards Authority of India
(FSSAI) Act. Copy of license should be attached. It shall also confirm
to the specifications in the Chhattisgarh Excise Act and Rules made
there under in.
(b) The chemical examination certificate and a certificate showing that
ENA has been used in production should be sent to CSBCL against
each dispatch of foreign liquor.
(c) For IMFL such chemical examination certificate should be duly
authenticated by the Chief Chemical Examiner/Authority recognized
by the State Government and ENA certificate by the Chief Executive
of the distillery authenticated by Excise Authority.
(d) Chemical examination certificates of Malt should be authenticated by
the Chemist/Brew Master of the brewery duly authenticated by the
Excise Authority of the brewery.
(e) Those consignments which arrive without the specified chemical
examination certificate shall not be accepted at the depot of the
Chhattisgarh State Beverages Corporation Limited (CSBCL).
(f) CSBCL shall have the right to periodically subject the samples for
chemical examination/verification of standards and the expenses
incurred by CSBCL for such chemical examination/verification will
have to be borne by the supplier.
(g) Ensuring the quality of the products as per the standards and the
quality specifications will be the absolute responsibility of the
respective supplier.
13.
That all the condition for supplies/payment or other wise of
IMFL/FMFL/Malt shall be in accordance with agreement of sale enclosed
in Annexure- “D” of this document.
580 (8)
14.
Once landing price is offered and is accepted by the department, the
supplier shall be liable to make uninterrupted supply of that brand/label.
If the supplier intends to discontinue supply of any approved brand/label,
the same has to be intimated to the Department atleast 60 days in
advance. Any failure in this regard will entitle the Department to blacklist
the supplier and forfeit the security amount.
15.
Slow moving stock
(a)
In the event where the CSBCL is unable to re-sale 25% or more of the
said Stock, within a period of 120 days, then such Stock {barring
Scotch(FMFL/IMFL)}will be treated as non-moving/slow moving stock
and CSBCL will direct the supplier to take back the unsold portion of
such Stock from the Depot of CSBCL. The entire expenditure for taking
back such Stock shall be borne by the supplier. In such event no
purchase of such Stock has been made by CSBCL and no right of sale
shall accrue to the supplier for such unsold Stock.
(b)
In the situation wherein the supplier does not take back the delivery of
the Stock within a period of 30 days from the date of communication to
take back the Stock, CSBCL shall be at liberty to destroy such unsold
Stock after the approval of Excise Commissioner. CSBCL shall not be
liable to pay for such Stock as may be destroyed or disposed off in
terms of the provision of this paragraph.
(c)
CVD paid on surplus or slow-moving stock shall not be refunded in any
case by the Department.
16.
Demurrages:
In case the products purchased by CSMCL shops remain unsold for more
than 180 days it will be declared as surplus and demurrage charge per
bottle shall be imposed.
(a) In case of Malt, on the date of expiry, the demurrage charge equivalent to
the RSP shall be levied and the Malt shall be destroyed by CSMCL
580 (9)
through the process determined by Excise Department. The charge
incurred on destruction by CSMCL may be recovered from the
bills/Security deposit of the supplier concerned.
(b) For the products blended and bottled in India a demurrage charge @25%
of RSP shall be charged per month after 180 days of its purchase.
(c) Demurrage charge shall not be leviable on the products Blended and
Bottled outside India as well as Blended outside India but Bottled in
India.
(d) At the end of the agreement period the entire demurrage charge
levied/leviable shall be recovered from the bills/security deposit
deposited by the supplier.
(e) Malt could be supplied from the CSBCL Godowns to shops up to 30 days
prior to expiry date. Stock remaining after expiry period at CSBCL
Godowns will be destroyed by the order and as per the process
determined by Excise Commissioner.
(f) The demurrage charge levied on spirit and malt in retail liquor shops
will be chargeable {as per clause 16 (b)} to the supplier and the
placement agency. For Spirit and Malt 25% of the applicable demurrage
charge will be borne by the placement agency and rest 75% by the
supplier.
17.
CSBCL Godown Breakage
All damages and breakage of the Stock supplied to CSBCL on account
of defective and improper packing or on account of any manufacturing
defect in the contents or handling at Godown or any other reason making
the stock unable to be supplied shall be to the account of the supplier.
18.
The difference of CVD/ Excise duty, whichever applicable, at the end of
Financial year, shall be payable by the supplier in the State Government
account.
19.
In case there is any increase in the rate of Excise duty/ CVD, the
enhanced/differential Excise duty shall be realized from the supplier(s).
580 (10)
In case there is any reduction in the rate of Excise duty/ CVD, the
differential Excise Duty/ CVD will not be refunded to the supplier as the
Excise duty/ CVD has already been deposited with Government prior to
revision of Duty.
20.
The currency of the contract and the terms & conditions spelt out therein
shall be subject to the Chhattisgarh Excise Laws/Custom Act (in case of
FMFL) and any law in force and policies of the Union and State Govt.
from time to time.
21.
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
supplier.
22.
Termination of the Contract shall be governed in accordance with
condition stipulated in the Agreement of Sale enclosed in Annexure- “D”
of the document.
23.
The sealed offers shall be opened by the Excise Commissioner or by any
other officer of the department authorized by Excise Commissioner at
11:00 hrs. on 29.07.2024 at the Excise Commissioner office.
24.
Assignment
The contract is not assignable on either side.
580 (11)
ANNEXURE-A
Application Form
(To be typed on Letter Head / in duplicate)
1.
Name, address, Telephone / Fax Nos. etc. of the Manufacturer/Supplier.
2.
Address for correspondence Telephone / E-Mail / Fax Nos. etc. of the
Manufacturer/Suppliers.
3. (a)
Name, Address and Telephone / E-Mail / Fax number etc. of the Chief
Executive Officer of the Manufacturer/Supplier.
(b)
Name, Address and Telephone / E-Mail / Fax numbers of the Managing
Director / Chief Executive of the Company / Firm.
4.
(a) Name, Address and Telephone /E-Mail / Fax numbers of the Chief
Executive Officer of the company authorized to interact with the
department.
(b) Name, Address and Telephone /E-Mail / Fax numbers of the Power of
Attorney holder if any.
(c) Name, Address and Telephone /E-Mail / Fax numbers of the Board of
Directors / Partners / Trustees of Company / Firm / Society.
(d) Name, Address and Telephone /E-Mail / Fax numbers of the
Authorized signatory.
5.
Type of manufacturing Unit
(a) Distillery
(b) Brewery
(c) Bottling Unit
(d) Others
580 (12)
6.
Ownership of the Unit (attach relevant document)
(a) Proprietor
(b) Partnership
(c) Public Ltd.
(d) Private Ltd.
(e) Co-operative Society
(f)
Others
7
(a)Permanent Account Number (copy of PAN Card)
(b) TIN Number (copy of TIN)
(c) GST Number (copy of GST)
(d) FSSAI License number along with copy.
8.
Total production/supply capacity of manufacturer/supplier in a year.
(a) In bulk litres
(b) In cases
9.
Whether supplying to neighbouring States of Chhattisgarh.
(a)
Yes
(b)
No
If yes, specify details of supply rates of FMFL/IMFL/Malt, label and pack
size in separate enclosure {Annexure H(i)}.
If no, specify details of supply rates all over India of FMFL/IMFL/Malt,
label and pack size in separate enclosure {Annexure H(ii)}.
10.
Whether Supplying to Canteen stores department/Armed Forces / Army
purchase organization.
(a)
Yes
(b)
No
580 (13)
Specify details of FMFL/IMFL/Malt, label and pack size sold in separate
enclosure.
11.
No. of cases that can be supplied to Chhattisgarh in a month.
(a)
FMFL
(b)
IMFL
(c)
BEER
Specify details of FMFL/IMFL/Beer, label and pack size that can be sold in
separate enclosure.
12.
Whether holding a FL 9(a) license in the state of Chhattisgarh:
(a)
Yes
(b)
No
If Yes, Details of the unit.
13.
Whether the manufacturing Distillery / Brewery / Bottling Unit possesses
license issued by the State Government / in case of FMFL/IMFL/Malt,
license issued by the country & state where the unit is located. Whether the
license under FSSAI (Food Safety & Standards Authority of India) issued
If yes, enclose photocopy of license and confirm.
(a)
Number and date of issue of the license.
(b)
Date of expiry of the license.
(c)
Whether the certified copy of the license is enclosed.
(i)
Yes
(ii)
No
580 (14)
14.
Details of authorized local representatives.
SI.
Name to Authorised
Address
Telephone
e- mail
15.
List of Brand/labels quoted and supply FOR (Freight on Receipt) rates
should be submitted in Annexure-J in separate envelope as well as in flash
Drive –USB.
I declare that the information furnished above is true and correct.
Signature of Chief Executive
Officer/ Power of Attorney
holder/ Authorized signatory
Place
:
Name
:
Date
:
Seal
Designation
:
Address
:
580 (15)
NB :
1.
All details sought should be given in specified format only. Whereverit 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 Officer/ Power of Attorney holder/
Authorized signatory duly signed on each page.
4.
Incomplete application is liable to be rejected.
580 (16)
ANNEXURE B
Certified that we …………………………………… sold/ exported................
cases of foreign liquor outside the State of................................during the financial
year ............. (up to March 2024) ...................... details of which are given below:
S.No.
Label
State to which
supplied
Quantity (in Cases)
1
2
3
4
For
Name of Distillery
Sd/-
Authorised Signatory /
Officer In-charge
of
Chief Executive
--------------------------------
Distillery/ Bottling Unit
580 (17)
ANNEXURE-C
GENERAL INSTRUCTION FOR FILLING AND FOR SUBMISSION OF
RATE OFFER
1.
The offer condition should be signed (in all pages) by the Chief
Executive Officer/ Power of Attorney holder/ Authorized signatory
and shall bear the seal of the supplier.
2.
The Application Form should be typed in duplicate in the letter head
of supplier, should be signed on every page (including annexure, if
any) by the Chief Executive Officer/ Power of Attorney holder/
Authorized signatory and shall bear the seal of supplier.
3.
For the Financial year i.e. 2024-25 proposed security deposit is Rs.
100000/-(Rupees One Lakh only) per label.A demand draft drawn in
favour of Excise Commissioner, Chhattisgarh payable at Raipur
(Chhattisgarh) towards security deposit should be enclosed.
4.
Attach enclosure wherever found necessary.
5
The offer (documents indicated (1) (2) and Demand Draft as per (3)
above should be sent in sealed cover superscribed "Offer for
registration and supply of FMFL/IMFL/Malt for the state of
Chhattisgarh for the financial year 2024-25 (01.09.2024 to
31.03.2025)" and addressed to the Excise Commissioner, GST
Bhawan, North Block, Sector-19, Nawa Raipur, Atal Nagar,
Chhattisgarh up to 17:30 hrs. at 26.07.2024 The envelope should
contain Annexure A to K (except Annexure H(i), H(ii), H(iii), I&K) in
one envelope and Annexure H(i), H(ii), H(iii), I & K in another
envelope.
6.
Late and unsealed offers will not be accepted under any circumstance.
580 (18)
7.
Only offers submitted by the Chief Executive Officer/ Power of
Attorney holder/ Authorized signatory would be accepted.
8.
In case the offer is submitted by the power of Attorney Holder, the
original power of Attorney should be enclosed along with the offer. In
case the offer is submitted by an Authorized signatory, the original
authority letter is to be submitted.
9.
Incomplete application is liable to be rejected.
580 (19)
ANNEXURE- D
AGREEMENT FOR SALE OF FOREIGN LIQUOR
This Agreement for Sale of Foreign Liquor (herein after referred to as
"the Agreement")made and entered into this --------------------- day of
2024.
BETWEEN
The Excise Commissioner Chhattisgarh GST Bhavan Nawa Raipur
Chhattisgarh which expression shall, unless it is repugnantto the context or
meaning thereof, be deemed to mean and include its successors and assigns,
of the First Part,
AND
_______________________________________________________ having
its office at
___________________________________________________
(herein after referred to as "the Supplier") 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.
The Excise Commissioner and the Supplier are hereinafter jointly referred to
as "the Parties" and individually as "the Party".
WHEREAS
580 (20)
The above Parties have agreed to enter into this Agreement for Supply of
Foreign 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: -
1.
DEFINITIONS: In this Agreement, unless the context other wise
requires, the following words and expressions shall have the same
meaning as assigned to them hereunder;
1.1
'Agreement' means this Agreement for Sale entered into between
the Excise Commissioner and the Supplier for the sale of Foreign
Liquor;
1.2
'Labels' means the different types of Whisky, Brandy, Rum, Gin,
Vodka, Wine and Malt manufactured/supplied by the Supplier and
now in different names in the market and approved by the Excise
Commissioner, State of Chhattisgarh.
1.3
'Supplier'means Person(s)/ Firm/ Company/ Corporation engaged
in manufacturing of IMFL/Malt. In case of FMFL, Firm/ Company
registered in India submitting rate offer on behalf of manufacturers
owning a Distillery/Brewery/Blending unit situated outside India.
1.4
CSBCL means Chhattisgarh State Beverages Corporation Limited.
1.5
CSMCL means Chhattisgarh State Marketing Corporation Limited
580 (21)
1.6
'Case' means 6,9,12 Nos. of 1000 ml, 3,6,12 Nos. of 750 ml, 6,
12Nos.of 700 ml, 12 Nos. of 500ml, 24 Nos. of 375 ml,24 Nos. of
330 ml,24Nos. of 275 ml and 48 Nos. of 180 ml of Sprit and
12Nos.20 Nos.of650 ml, 24Nos. of 325/330/355ml/500ml/325ml
can,330mlcan,500ml can of malt.
1.7
'Delivery' means the delivery of Stock made by the Supplier at the
Godowns of CSBCL.
1.8
'Destination' shall mean the Godown of CSBCL where the Stock
is to be supplied or other location within the State of Chhattisgarh,
as may be specified in the Purchase Order for the supply of the
Stock.
1.9
'Offer Price' means the price quoted by the Supplier for the sale of
the Stock in terms of the rate offer invited by the Excise
Commissioner and includes all expenses of manufacture,
packaging, freight, insurance and taxes except FMFL import duty
and excise duty which shall be directly paid by supplier/Licensee
to the Central/State Excise Department in accordance with Rule 10
of Foreign Liquor Rules' 1996.
1.10
'Purchase Order' means the order for purchase of Stock drawn by
CSBCL on the Supplier for the supply of the Stock of the
description contained in the order at the destination specified in the
order;
1.11
'Stock' means the Stock of foreign liquor stored by the Supplier at
the godowns of CSBCL
580 (22)
2.
POINT OF SALE.
2.1
The Parties agree that the sale of Stock of the Indian Made Foreign
Liquor and Foreign Made Foreign Liquor supplied by the Supplier
at the destination specified by the Excise Commissioner in terms of
the Agreement shall take place only when the Excise
Commissioner has accepted the supply of stock but the risk &
property in stock shall pass as per clause 2.3mentioned below.
2.2
The Parties further agree that the Supplier shall not raise/cause to
be instituted / enforce any claim under this Agreement on the
CSBCL to pay the sale Price unless the CSBCL has made the re-
sale of such Stock to retailer.
2.3
The Parties further agree that till the re-sale is made by CSBCL to
the retailers in terms of the provisions of this agreement though the
risk and property in the Stock lies with the CSBCL, any Godown
breakages on account of provisions specified in Clause 3.10, shall
vest with the Supplier.
3.
CONDITIONS FOR PURCHASE BY THE CSBCL:
The following shall be the conditions for the purchase of foreign
liquor under this Agreement.
A.
Price applicable for sale
3.1
The purchase shall be made upon the Price fixed by the
Government and agreed to by the Supplier. No deviation from the
Price would be permitted during the currency of this Agreement. In
case the duty rates are increased or decreased by the
580 (23)
Governmenton the basis of landing price provided by the suppliers,
the Ex-Distillery Price (EDP)/ Ex-Factory Price (EFP)and other
expenses (apart from duty and fees) would be unchanged, and the
new landing price would be calculated on the basis of new
duty/fees, which shall be acceptable to the supplier.
3.2
The Price fixed under this Agreement shall be on FOR (Freight on
Receipt) destination basis and shall be deemed to be inclusive of
all expenses of manufacture, packing and forwarding charges,
freight and insurance etc. Import duty on FMFL shall be directly
paid by supplier to the Central/State Excise Department as
applicable.
3.3
The Supplier 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.
3.4
The Price determined under this Agreement shall be applied
uniformly irrespective of the location of the destination within the
State of Chhattisgarh.
3.5
The determination of the Price for the purposes of this Agreement
shall be only for the brands of liquor owned / manufactured/
supplied (in case of FMFL) by the Supplier and for which the
labels
are approved by the Excise Commissioner, Chhattisgarh as on
the date of entering into the Agreement.
580 (24)
3.6
The Stock shall be dispatched to CSBCL Godowns under valid
importpass (In case transaction interstate) and transport permit
issued in the name of the Supplier by the competent authority.
3.7
In case where the Supplier is located outside the territorial limits of
the State of Chhattisgarh, the following shall also apply; :-
The Supplier shall be liable for the payment of statutory levies and
taxes to the Government of Chhattisgarh on the import of foreign
liquor within the State, at the prevailing rates.
B.
Security Deposit
3.8
The supplier has to submit security deposit for each label of
Spirit/Beer of Rs. 100000 (Rupees One Lakh only), which shall be
paid by bank draft from any Nationalized bank/ Scheduled
Commercial Bank drawn in favour of Excise Commissioner,
Chhattisgarh payable at Raipur. Security deposit shall not be
accepted in any other form. If demanded, the above amount shall
be refundable only after completion of all the auditing of the
concerned year.
C.
Packing of Stock
3.9
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.
580 (25)
3.10 All damages and breakage of the Stock supplied to CSBCL on
account of defective and improper packing or on account of any
manufacturing defect in the contents or on account of handling at
Godown shall be to the account of the Supplier.
D.
CSBCL Mark-up
3.11 For the sake of disclosure and to maintain transparency, the
approved landing price with CVD at which purchases will be made
will be further marked up by 1 % + GST on the landing price with
CVD per case for resale to retail licensees for meeting the
Establishment and Administrative overheads Terms of CSBCL.
E.
Supply
3.12 The CSBCL is entitled to refuse to take delivery of the stock if the
same is not found in accordance with the provisions of any law
which is in force for the time being or it is found that the delivery
of stock is in violation of any enactment including payment of
duties and fees etc. prescribed in the law.
3.13
The supplier shall affix at his/ its own cost, hologram stickers as
prescribed by the Excise Commissioner, Chhattisgarh, Raipur on
each bottle of FMFL/IMFL/Malt. The hologram stickers are to be
supplied by the office of Excise Commissioner, Raipur at the rate
fixed by the Excise Commissioner.
3.14
CSBCL shall issue Purchase order for supplies based on the stock
requirement of individual Godowns after duly considering the
quantity held and the monthly sales trend of stock of supplier.
580 (26)
The Purchase order would specifically contain name of brands,
detail of packing, due date and quantity of stock to be delivered at
individual Godown.The Purchase Order shall be valid for a period
of 30 days from the date of approval by MD, CSBCL. Supplier
has to abide by the due date mentioned in the Purchase order.
Delivery of stock beyond due date will be liable for rejection by
CSBCL. The due date of delivery may be extended by CSBCL,
provided reasonable cause to that effect is asserted by supplier.
F.
Dispatch Advice
3.15
It shall be the obligation of the Supplier to communicate the
following particulars to the designated Godown in-charge officer
within 24 hours from the date of dispatch of the Stock;
(a)
Purchase Order No. and Date.
(b)
No. of Cases dispatched and mode of dispatch.
(c)
Other relevant particulars necessary to ensure delivery of Stock at
the destination.
(d)
Fill all required detail of dispatch note online in CSBCL Portal
(csbc.cg.gov.in), 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.
G.
Delivery Schedule
580 (27)
3.16
The Supplier shall be responsible to ensure that the supply of the
purchased Stock is made as per the delivery schedule indicated in
the Purchase Order placed for the supply.
3.17
The Stock should be delivered during the working hours of the
day and on working days only, at the specified destination.
3.18
In case the address of the destination specified in the Purchase
Order is changed subsequently, the same shall be informed to the
Supplier. The Supplier shall be responsible to deliver the Stock at
such changed destination. CSBCL shall not be responsible for
payment of any expenditure incurred by the Supplier on account
of this subsequent change of destination.
3.19
The Supplier shall have the sole responsibility for any legal and
financial implications arising out of delay in reaching of the
stock at the destination specified by CSBCL or deviation from
the terms and conditions of the Import Permit/Transport Permit
issued by the Competent Authority to the Supplier. However, in
case of subsequent change of destination, CSBCL shall provide
sufficient additional time to permit delivery of the Stock.
3.20
The Supplier shall also ensure the following at his risk and
responsibility;
3.20.1 That the consignment travels exactly along the route prescribed in
the Import Permit/Transport Permit by Excise Department and
that
there
is
no
deviation
there
from.
CG
Excise
Department/CSBCL
shall
not
be
responsible
for
any
consequences upon the default of the Supplier in this regard and
580 (28)
delays if any in the unloading of the Stock at the specified
destination.
3.20.2 That in the event the Supplier is unable to dispatch the Stock
sufficiently in advance of expiry of the Import Permit/Transport
Permit, he shall report the matter to the Managing Director
CSBCL/Godown In-charge/ Excise Officer of the concerned
district of so as to reach him at least four days before the expiry
of the Import Permit/Transport Permit along with the permit in
original and Certificate of non-utilization issued by the Excise
Supervisory Officer in-charge of the supplier’s unit explaining
the reasons for such delay. The Supplier may thereupon seek
extension of validity of the Permit as may be required depending
upon the circumstances of the case. Request for extension of the
permits received later than the period specified above shall be
rejected summarily.
3.20.3 That all laws, Rules, Regulations and instructions including in
particular the provisions of Chhattisgarh Excise Act, 1915 and
Rules made the reunder are complied with. The Supplier shall
indemnify the CSBCL against any eventuality of any
expenditure incurred by the CSBCL on account of any violation
of laws, rules & regulations and instructions or accident caused
to the Stock in transit.
3.20.4
That all adequate arrangements have been made for transport and
delivery of consignment at the specified destination.
3.20.5
That in case of any accidents enroute, the Supplier shall;
580 (29)
(a) Immediately lodge a complaint before the police station
having jurisdiction;
(b) Inform the Excise official having jurisdiction and the Godown
in-charge officer of the destination specified for delivery about the
accident, without any delay, through the quickest mode of
communication; and
(c) Procure all relevant documents for proof of the accident in case
revalidation permits or any other legal formalities have to be
complied with.
H.
Purchase Quantities and destination
3.21 CSBCL shall be under no obligation to buy any specified minimum
quantities of any brand of foreign liquor from the Supplier during the
period of currency of the Agreement. The quantity to be bought from
time to time shall be informed by CSBCL in due course.
3.22 CSBCL ordinarily intends to place Purchase Orders based upon the
actual sales of the previous month and ensure a stock of liquor equal
to 15days sale at the Godown. However no right or claim shall accrue
to the Supplier to get Purchase Orders from the CSBCL on the basis of
such figures of sales of the previous month.
3.23 CSBCL shall have the right to specify any place within the State of
Chhattisgarh as the destination of the Stock to be supplied. Such right
to specify the destination shall include the right to re-specify another
destination for delivery during the transit of such Stock or after the
delivery of the Stock has been taken by CSBCL.
580 (30)
3.24 In the event the delivery of the Stock has been taken by CSBCL but
payment for such Stock has not been made, and CSBCL decides to
shift the Stock from the place of storage to another, such shifting of
Stock shall be made by the Supplier in terms of the instructions issued
by CSBCL to that effect. The Supplier shall bear the risk and expenses
for such re-delivery of the Stock.
I.
Quality & Condition of Stock
A. Beer/ Low Alcoholic Beverages when supplied shall be within
60days of manufacture.
B.
FMFL/IMFL shall be supplied in clean pasteurized glass bottles
only.Beer shall be supplied in clean pasteurized glass bottles or
Can only.
C.
FMFL/IMFL/Malt shall be clear liquids free from sediments and
other particles.
D. The FMFL/IMFL/Malt shall be free from harmful ingredients.
E.
The FMFL/IMFL/Malt shall be free of added colouring material
except caramel. Rum without colouring material shall be called
White Rum & Gin shall be clear and free from added colour and
shall not develop any turgidity on being diluted with water.
F.
All kinds of FMFL/IMFL/Malt shall possess their characteristic
aroma, flavour and taste.
580 (31)
G. Rum and Whiskies, when labelled as "Matured" shall be blend of
spirits matured for not less than 6 months in suitable containers.
H. Malt/Low Alcoholic Beverages will only be issued to retailers up
to 30 days prior to its expiry date.
I.
The Supply of FMFL/IMFL/Malt shall be done by following
“Track & Trace” System.
J.
The supplier shall supply its product by the vehicle installed with
“GPS tracker device” and “Digi Locker” as prescribed by Excise
Commissioner.
J.
PASTEURIZATION.
Bottled or canned Beer shall be effectively pasteurized. The quality
of the FMFL/IMFL/Malt shall not fall below the standards
specified by the Bureau of Standards, Government of India. The
Chemical Examination Certificate shall always be sent to CSBCL
with dispatch of each batch and consignment. Such Chemical
Examination
Certificate
shall
be
duly
authenticated
by
Examiner/Authority recognized in the State of Chhattisgarh.
CSBCLshall have the right of periodical chemical examination for
verification of standards. If it is found during such examination
that the stock supplied do not conform to the prescribed standard,
CSBCL will not be liable to make any payment to the supplier in
respect of such stocks. Further, the supplier shall comply with the
orders passed by the competent authority in respect of supply,
which are found to be below prescribed standard. The supplier
shall indemnify CSBCL for all losses or damages sustained by the
CSBCL for the FMFL/IMFL/Malt not conforming to the standards
and the subsequent supply of the goods to the retailers and other
580 (32)
under the laws of Chhattisgarh Excise Act, 1915. CSBCL shall
have the right not to place any purchase order with such supplier.
Excise Department/CSBCL/CSMCL shall have the right to
test the quality of FMFL/IMFL/Malt in its laboratory or any
standard approved laboratory.
580 (33)
SPIRITS (WHISKY/BRANDY/RUM/ GIN/ VODKA /WINE)
COMPANY NAME & COMPANY ADDRESS (SUB Lessee)
DATE:-
CHEMICAL ANALYSIS REPORT
Brand Name .................................. Sample/ Size..........................................
Batch No....................................... Date
..........................................
Vat No ............................................Date of Sample Drawn..........................
Analysis Date..........................
Lab Analysis Report
S.No.
Characteristics
Results
observed
in
sample
1.
General Property
2.
Base Of Liquor - ENA/ RS
3.
Ethyl Alcohol Content % v/v
4.
Volatile Acids as Acetic Acid (gms/100 lts. of
Absolute Alcohol Max.)
5.
Higher Alcohol as Amyl Alcohol (gms/100 lts
of Absolute Alcohol Max)
6.
Esters as Ethyl Acetate (gms/100 lts of Absolute
Alcohol Min.)
7.
Aldehydes as Acetaldehyde (gms/100 lts of
Absolute Alcohol Max.)
Remarks :-
1/
The Sample of ------------------------- analyzedcomplies with IS: -----------
----
2/
It is certified that the sample of --------------------
is
fit
for
human
consumption.
Officer in charge.
Chief Chemist/Chemist
580 (34)
MALT (Malt)
COMPANY NAME & COMPANY ADDRESS (SUB Lessee)
DATE:-
CHEMICAL ANALYSIS REPORT
Brand Name .....................................Sample/ Size ..........................................
Batch No.
.......................................Date ..........................................
LAB Analysis Report:
S.No.
Characteristics
Results observed in
sample
1
Brand Name
2
Base of Malt
3
Batch No
4
Date of sample Drawn
5
Analysis Date
6
Alcohol Strength % (V/v)
7
pH
8
Percentage of CO2
The Above Malt is fit for Human consumption
Officer in charge
Chief Chemist/Chemist
580 (35)
K(i)
Malt stored in CSBCL Godowns shall be invariably destroyed in the
presence of competent authority after the expiry of “Best
Before.........” period.
4.
TERMS OF PAYMENT: The terms for making payment for the
Foreign liquor purchased in terms of the Agreement shall be as
follows:
4.1
Damages to the stock at Godowns as a result of any negligence of
the supplier or the transporter (viz. hairline crack in bottle resulting
in evaporation of content, actual quantity filled being lesser than
declared quantity, damage due to poor packing etc.) would be
debited to the account of the supplier. Decision of CSBCL in this
regard will be final and binding on the supplier.
4.2
(a) CSBCL shall pay the supplier only for the stock sold to the
retailer. Payments will be calculated on the stock sold in every 10
days. The supplier shall raise bills after 10th, 20th and last day of the
month to CSBCL which will be payable by CSBCL respectively by
20th of the month, last day of the month and 10th day of the next
month respectively. CSBCL in turn shall raise invoice to CSMCL
immediately on receipt of bills from the supplier. CSMCL shall
make payment to CSBCL well in advance (i.e. before 20th of the
month, last day of the month and 10th day of the next month
respectively).
CSMCL may raise an invoice for any dues against the
suppliers, like demurrages etc. to CSBCL at the end of every month.
CSBCL shall deduct any such dues as claimed by CSMCL, from the
bills of the supplier(s) and remit the same to CSMCL.
(b) Stock held for sale shall not be eligible for any payment. The
payment will be credited in supplier’s account. In case of online
580 (36)
payment the supplier has to submit following information with rate
offer in supplier’s letterhead.
•
Name and Branch of the beneficiary bank.
•
Name of the beneficiary.
•
Account number of the beneficiary.
•
The IFSC code of the beneficiary branch.
4.3
The supplier shall raise invoice of the stock delivered and accepted
at the Godown of CSBCL. The invoice raised should strictly adhere
to description and consolidated rate mentioned in purchase
order.
4.4
In the event where CSBCL is unable to re-sale 25% or more of the
said Stock, within a period of 180 days, then such Stock (barring
Scotch(FMFL/IMFL) and Foreign liquor import (FMFL)) will be
treated as non-moving/slow moving Stock and CSBCL will direct
the Supplier to take back the unsold portion of such Stock from the
Godown of CSBCL. The entire expenditure for taking back such
Stock shall be borne by the Supplier. In such event no purchase of
such Stock has been made by CSBCL and no right of sale shall
accrue to the Supplier for such unsold Stock.
4.5
In terms of the provisions of paragraph 4.4 of the Agreement, in the
situation wherein the Supplier does not take back the delivery of the
Stock within a period of 30 days from the date of communication to
take back the Stock, CSBCL shall be at liberty to destroy such
unsold Stock after approval of Excise Commissioner or take such
any action as deemed appropriate in the facts and circumstances of
the case. CSBCL shall not be liable to pay for such Stock as may be
destroyed or disposed off in terms of the provision of this
paragraph.Excise Duty/CVD on slow moving/ non moving stock
shall not be refunded to the supplier(s)by the department.
580 (37)
4.6
Any loss incurred on stock lying at CSBCL Godowns of
brands/labels due to price reduction shall be to the account of the
supplier/manufacturer. Loss on account of price decrease shall be
calculated based on the quantity of stock in hand and the price
differential as on day the price change is taking effect. The loss so
calculated would be debited in the account of supplier. Any Gain due
to such price change shall be recovered by CSBCL and deposited in
Government exchequer.
5.
OTHER CONDITIONS FOR PURCHASE:
The supplier should abide by the provisions of Chhattisgarh Excise
Act. 1915 and rules made thereunder in force from time to time and
any other relevant enactment like the Standards of Weights &
Measures
Act.
1976/(Enforcement)
Act
1986/and
Packed
Commodities Rules, 1977 etc. The supplier 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 supplier. Any losses/damages suffered by CSBCL due to the
lapse on the part of the supplier for not complying with any of the
rules will be made good by the supplier.
6.
MISCELLANEOUS PROVISIONS: The following provisions
shall also constitute part of this Agreement.
A. Currency of Agreement
6.1
This Agreement comes into force with immediate effect and shall
remain valid till 31 March,2025.
B. Prejudicial Act
6.2
If during the currency of the Agreement the supplier or any of his
representatives, workers or agents are found to be indulging in any activity
which directly or indirectly is prejudicial to the interests of Excise
Department, Excise Commissioner shall, without prejudice to other
580 (38)
remedies available under law for the time being in force, have the right to
terminate the Agreement forthwith, forfeit the security deposit and such
other amounts as may be lying with Excise Department, besides initiating
any other appropriate action. All losses that may be incurred by Excise
Department in this regard shall be recoverable from the supplier. The Pre-
Integrity pact shall be signed between the supplier and Excise Department
(Annexure “F”)
6.3 Excise Commissioner reserves the right to terminate the rate contract with
one month's notice without assigning any reason.
6.4
The Terms & Conditions as spelt out in this document shall be subject to
any change in any law in force or any policies of Union & State
Government from time to time. The suppliers shall be bound by such
change and no compensation or any form of rebate shall be given to the
supplier.
6.5
In the event it is found that the Supplier has supplied any incorrect
information at the time of making the offer for sale or has indulgedin mis-
declaringor suppressing any information, Excise Commissioner shallbe
entitled to terminate the Agreement, forfeit the security depositand black-
list the Supplier.
Fall Clause: - If at any point of time the supplier quotes lower EDP in
any of the adjoining States (as per clause 5(d) Terms and Condition),
the lower EDP will be the EDP for Chhattisgarh and the difference
shall be collected by CSBCL and deposited in the Government
exchequer.
C. Assignment of rights and liabilities
6.6 The Agreement and the rights and liabilities arising there under cannot
be assigned by the parties to third persons.
D. Non-waiver
6.7 The failure of the Excise Department/ CSBCL to insist upon strict
performance of any of the terms and conditions under the Agreement or
580 (39)
failure of delay in exercising any rights or remedies provided herein or
by or under the law for the time being in force and the acceptance or
payment for any Stock shall not be deemed / considered to be a waiver
of any rights of the Excise Department/ CSBCL and shall not amount
to absolving the Supplier from any warranties or obligations under the
Agreement or under the law for the time being in force.
E.
Modification of the Agreement
6.8 The Excise Commissioner, Chhattisgarh shall have the right to modify
the terms of the Agreement subject to the consent of the Supplier.
F.
Forum for legal proceedings
6.9 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.
G. Agreement with CSBCL
6.10 The supplier shall sign an agreement with CSBCL, regarding the
supply, storage, payments or other pertinent matters. The conditions
of the agreement shall be provided to the supplier(s) separately by
CSBCL.
H. Inspection
6.11 Excise Commissioner or his authorized representative shall have right
to inspect, test and expedite supply or get inspected, tested and
expedited the supply of goods at works of the supplier or at any other
place as decided by Excise Commissioner.
580 (40)
I.
Penalty
6.12 On violation of any provisions of Chhattisgarh Excise Act 1915, rules
made thereunder, any instructions of the Government, Excise
Commissioner, a penalty of up to Rs. 100000/- (Rupees One Lakh) may be
imposed by the Excise Commissioner on the supplier. In case of repetition
of such violation, a penalty of up to Rs. 300000/-(Rupees Three Lakhs)
may be imposed by the Excise Commissioner.
J.
Appeal/Review/Revision
6.13 Appeal: The supplier can appeal against any order passed against it by
Collector/ CSMCL/CSBCL before Excise Commissioner within stipulated
time.
The supplier can file second appeal with Secretary Excise, Government of
Chhattisgarh against order passed by Excise Commissioner. The order/
decision passed by Secretary Excise, Government of Chhattisgarh shall be
final.
Review:Collector/ CSMCL/CSBCL/ Excise Commissioner/ Secretary
Excise may suomoto review its order.
Revision: Collector/ CSMCL/CSBCL/ Excise Commissioner/ Secretary
Excise may review its order if application to that effect is received by the
supplier.
K. Annexure
6.14 All annexures shall be part and parcel of this agreement
(Authorized Signatory)
On behalf of
Supplier
(Authorized Signatory)
Excise Commissioner
Chhattisgarh/Officer Authorized
Witnesses (Name & Address)
Signature
(1) ________________________________________
(
)
(2) ________________________________________
(
)
580 (41)
Annexure –A
Application Form.
Annexure -B
Certificate of sale / export outside Chhattisgarh.
Annexure -C
General Instructions for filling and for submission
of rate offers.
Annexure -D
Agreement for Sale of Foreign Liquor.
Annexure -E
Purchase Order format.
Annexure -F
Pre-Contract Integrity Pact.
Annexure -G
Sample Bottle Specification
Annexure -H(i)
EDP for adjoining States.
Annexure -H(ii)
EDP for States/UT in case label(s) are not supplied in
adjoining States.
Annexure - H(ii) EDP for new labels(IMFL/Beer) registered in CG and
supplied in at least 10States/UT.
Annexure- I
Cost sheet.
Annexure -J
Affidavit
Annexure -K
Rate Offer
580 (42)
ANNEXURE-E
PURCHASE ORDER
M/s...................................................................... holding a license of
manufacture/supply have been permitted to supply FMFL/IMFL for the period of
.................................... to ................................... Godown of CSBCL under the
agreement for sale of Foreign Liquor executed for 2024-25 by the supplier. The
quantity of which are given below:-
Name of
Godown
Brand/
Label
Sprit
(No. of cases)
Malt
(No. of Cases)
1000
ml
750
ml
375ml 180
ml
650
ml
500
ml
325
ml
330
ml
The Conditions of this Purchase Order are :-
(1)
The Purchase Order shall be valid from ………to………… Godown.
(2)
That the supplier shall obtain No Objection Certificate or Transport permit
from the authorized Excise authority.
(3)
That the supplier shall execute bond for removal of Non-duty paid foreign
liquor from his licensed premises to the prescribed Godown of CSBCL.
580 (43)
(4)
That the supplier shall deliver foreign liquor to the Officer In-charge of
the Godown of CSBCL during the period validity mentioned in the import
pass /transport permit, failing which he shall pay the prescribed duty at the
prevalent rate on the Quantity of foreign liquor not delivered.
General Manager,
(Approved by MD, CSBCL)
Chhattisgarh State Beverages
Corporation Ltd. Raipur
Endt.No./C.S.B.C./2024-25/
Copy to :-
Raipur, dated
.....................
1.
The Chairman, Chhattisgarh State Beverages Corporation Ltd. Raipur.
2.
Excise Commissioner, Chhattisgarh, Raipur.
3.
Deputy Commissioner/Assistant Commissioner Excise,
Raipur/Bilaspur/Durg Chhattisgarh for information and necessary action.
4.
Officer In charge of the ................................................Godown of
Chhattisgarh State Beverages Corporation Ltd. Raipur.
5.
...........................................................................................
Manufacturer/supplier Company for information and necessary action.
General Manager,
Chhattisgarh State Beverages
Corporation Ltd. Raipur
580 (44)
ANNEXURE G
Sample Bottle Specification For Supply Of IMFL Manufactured In Chhattisgarh
For Sale In Chhattisgarh Under Fixed Minimum Duty Slab
580 (45)
ANNEXURE-H (i)
DECLARATION OF DISTILLERY/BREWRY/WINERY/BOTTLING
PLANT
(Separate Declaration for Each Brand)
1. I -----------------Son of Shri------------------------- Aged------ year resident of -----
--------------------------- the Managing Director /Secretary/Proprietor/Partner of
M/S
----------------------------------
-----------------------
(Name
of
distillery/winery/brewery/bottling plant and its address) solemnly affirm and
declare that the following brand of IMFL/Malt/Wine is marketed at the
following Ex-Distillery Price(EDP)/ Ex-Factory Price (EFP):
A. Name of the Brand /Label -------------------------------------
(Separate Para /chart for each brand)
B. Registered with the Excise Commissioner,Chhattisgarh
Brand/Label No./--------------------
Date -----------------
EDP/EFP for the adjoining States during current year
S.No.
Name of State
Year 2024-25
PACK SIZE*
1
Andhra Pradesh
2
Chhattisgarh
3
Jharkhand
4
Madhya Pradesh
5
Maharashtra
6
Orissa
7
Uttar Pradesh
8
Telangana
580 (46)
* EDP of all pack size to be quoted separately.
** In Case the brand is not being sold in any State /UT, please mention
“not offered” (Complete details of supplies made to all state should be
indicated)
*** The above Annexure should also be submitted in USB Flash drive in
Excel Sheet.
(Authorized Signatory)
On behalf of
Supplier
580 (47)
ANNEXURE-H (ii)
DECLARATION OF DISTILLERY/BREWRY/WINERY/BOTTLING
PLANT
(Separate Declaration for Each Brand)
1. I -----------------Son of Shri------------------------- Aged------ year resident of -----
--------------------------- the Managing Director /Secretary/Proprietor/Partner of
M/S
----------------------------------
-----------------------
(Name
of
distillery/winery/brewery/bottling plant and its address) solemnly affirm and
declare that the following brand of IMFL/Malt is marketed at the following Ex-
Distillery Price(EDP)/ Ex-Factory Price (EFP):
A. Name of the Brand /Label -------------------------------------
(Separate Para /chart for each brand)
B. Registered with the Excise Commissioner, Chhattisgarh
Brand/Label No./--------------------
Date -----------------
EDP/EFP for the States/UT other than adjoining States during current FY.
S.No.
Name of State
Year 2024-25
PACK SIZE*
1
2
3
4
5
6
7
8
580 (48)
*
EDP of all pack size to be quoted separately.
*** In Case the brand is not being sold in any State /UT, please mentioned
“not offered”
*** The above Annexure should also be submitted in USB Flash drive
In Excel Sheet.
(Authorized Signatory)
On behalf of
Supplier
580 (49)
ANNEXURE-H (iii)
DECLARATION OF DISTILLERY/BREWRY/WINERY/BOTTLING
PLANT
(Separate Declaration for Each Brand)
1. I -----------------Son of Shri------------------------- Aged------ year resident of -----
--------------------------- the Managing Director /secretary/Proprietor/Partner of
M/S
----------------------------------
-----------------------
(Name
of
distillery/winery/brewery/bottling plant and its address) solemnly affirm and
declare that the following brand of IMFL/Malt is marketed at the following Ex-
Distillery Price(EDP)/ Ex-Factory Price (EFP):
A. Name of the Brand /Label -------------------------------------
(Separate Para /chart for each brand)
B. Registered with the Excise Commissioner, Chhattisgarh
Brand/Label No./--------------------
Date -----------------
EDP/EFP for the new labels registered with Excise Commissioner,
Chhattisgarh during FY 2024-25 supplied to at least 10States/UTsduring
current FY.
S.No.
Name of State
Year 2024-25
PACK SIZE*
1
2
3
4
5
6
7
8
9
10
580 (50)
*
EDP of all pack size to be quoted separately.
*** In Case the new label is not being supplied in any State /UT, please
mention “not offered”
*** The above Annexure should also be submitted in USB Flash drive
in Excel Sheet.
(Authorized Signatory)
On behalf of
Supplier
580 (51)
ANNEXURE-I
COST SHEET OF LIQUOR BRANDS
COST SHEET OF LIQUOR BRANDS
Part-A
In Cases of supplies from Manufacturers with in State
1/
Name of brand :- -------------------------------
2/
Name Of The Bottling Plant :------------------------------
3/
Registered with the Excise Commissioner, Chhattisgarh
Brand/Label No./----------------
Date -----------------
Particulars
Within State
Pack Size *
Ex. Distillery Price (EDP)*
Add:
Franchisee Fees (inclusive of GST, if
applicable)
Bottling Fees (inclusive of GST,
ifapplicable)
Freight Charges
Loading and Unloading expenses
Transit Insurance
Any other taxes/ duties (if applicable)**
which is not covered above (with details)
Landing Price without Excise Duty(A)
Excise Duty on (A)
Landing Price to CSBCL for
FY 2024-25
*
EDP/EFP of all pack size to be quoted separately.
**
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
580 (52)
//DECLARATION//
The expenses quoted in the above cost –sheet is correct and reasonable.
(Cost Accountant/Chartered Accountant)
Registration no.:-
Name of firm & Correspondence
Address:-
580 (53)
COST SHEET OF LIQUOR BRANDS
Part-B
In Cases of supplies from Manufacturers Outside the State
1/
Name of brand :- -------------------------------
2/
Name Of The Bottling Plant :------------------------------
3/
Registered with the Excise Commissioner, Chhattisgarh
Brand/Label No./---------------
Date -----------------
Particulars
Outside State
Pack Size *
Ex. Distillery Price (EDP)*
Add:
Export Fees (inclusive of GST, if
applicable)
Import Fees (inclusive GST, if
applicable)
Franchisee Fees (inclusive of GST, if
applicable)
Bottling Fees (inclusive of GST, if
applicable)
Freight Charges
Loading and Unloading expenses
Transit Insurance
Any other taxes/ duties (if applicable)
which is not covered above (Central/
Statewith details)**
Landing Price without CVD (A)
Countervailing Duty (CVD) on(A)
Landing Price to CSBCL for FY
2024-25
*
EDP/EFP of all pack size to be quoted separately.
**
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
580 (54)
//DECLARATION//
The expenses quoted in the above cost – sheet is correct and reasonable.
(Cost Accountant/Chartered Accountant)
Registration no.:-
Name of firm & Correspondence
Address:-
580 (55)
COST SHEET OF LIQUOR BRANDS
Part-C
In Cases of supplies Imported from outside country after payment of
custom duty/duty fees
1/
Name of brand :- -------------------------------
2/
Name Of The Bottling Plant :------------------------------
3/
Registered with the Excise Commissioner, Chhattisgarh
Brand/Label No./---------------
Date -----------------
Particulars
Outside Country
Pack Size *
Import Price
Add:
Custom Duty
Any other taxes/ duties / expenses not covered
elsewhere
Ex. Distillery Price (EDP)*
Add:
Export Fees (inclusive of GST, if applicable)
Import Fees (inclusive GST, if applicable)
Franchisee Fees (inclusive of GST, if applicable)
Bottling Fees (inclusive of GST, if applicable)
Freight Charges
Loading and Unloading exp
Transit Insurance
Any other taxes/ duties (if applicable)
which is not covered above (central/ State with
details)**
Landing Price without CVD (A)
Countervailing Duty (CVD) on (A)
Landing Price to CSBCL for FY 2024-25
*
EDP of all pack size to be quoted separately.
**
Please
submit
the
relevant
documentary
proof
of
anytaxes/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 is correct and reasonable.
(Authorized Signatory)
On behalf of
Supplier
580 (56)
//DECLARATION//
The expenses quoted in the above cost–sheet are correct and reasonable.
(Cost Accountant/Chartered Accountant)
Registration no.:-
Name of firm& Correspondence
Address:-
580 (57)
ANNEXURE-J
//AFFIDAVIT//
(On Stamp of Rs. 100/-)
I -----------------son of Shri------------------------- Aged------ years,
resident of -------------------------------- the Managing Director /Chief Executive
Officer/Proprietor/Partner/ Power of attorney/ Authorized signatory of M/S ---------
-----------------------------------------------(Name of Manufacturer/Supplier and its
address) solemnly affirm and declare that the Ex-Distillery Price(EDP)/ Ex-Factory
Price (EFP) quoted by me for the label(s) ----------------------------- is lowest tothat
quoted in adjoining States/ in other States/UTs(as applicable) for the financial year
2024-25.
That, I have gone through all the terms and conditions of the rate offer and agree to
abide by it.
That, all the information provided by me are correct to the best of my knowledge.
Deponent
Verification
I, the above-named deponent, do hereby verify that the above contents
are true to the best of my knowledge and belief and that nothing has
been concealed there from.
Deponent
580 (58)
ANNEXURE-K
RATE OFFER FORMAT
FOR (Freight on Receipt) rates for Brand/labels to be supplied to CSBCL.
NAME OF THE MANUFACTURER/ SUPPLIER:
NAME OF THE BOTTLING PLANT:
LANDING PRICES WITH E.D.P./E.F.P. FOR 2024-25
Brand
Name
Label
Name
Glass/Can
(for Beer)
Pack
Size
No. of
bottles
Strength
PL/BL
Whether the
rate of
product was
approved by
CSMCL in
the previous
year. Yes/No.
Whether the label
has been registered
with Excise
Commissioner,
Chhattisgarh
Yes/No. If so furnish
Regn. No.
EDP/
EFP
Landing price
without Excise
Duty/
Countervailing
Duty (CVD)
Excise
Duty/ CVD
for Spirit /
Malt as
applicable
Final
Landing
Price
Note:- 1/ Amount should be as per ANNEXURE-K
2/The above Annexure -K should also be submitted in USB Flash drive in ExcelSheet.
I declare that the information furnished above is true and correct.
Signature of Chief Executive Officer/
Power of Attorney holder/ Authorized
Signatory
Place
:
Name
:
Date
:
Designation
:
Address
:
Seal
580 (59)
ANNEXURE F
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-contract Agreement (herein after called the Integrity Pact) is
made on .....day of the month ........... 20...... between, the Government of
Chhattisgarh
acting
through
Shri/Sushri............................................................................. (Designation of
the Officer, Department) (hereinafter called the "BUYER", which expression
shall mean and include, unless the context otherwise requires, his successors
in the office and assigns) and the First Party, proposes to procure (name of
the Stores/Equipment/Work/Service) and M/s ............................................
represented by Shri/Sushri .................................................................Chief
Executive Officer (hereinafter called the "BIDDER/BIDDER", 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 BIDDER 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 Ministry/Department of the Government, performing its function on
behalf of the Government of Chhattisgarh.
2. OBJECTIVES
NOW, THEREFORE, the BUYER and the BIDDER 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: -
580 (60)
2.1.
Enabling
the
BUYER
to
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 BUYERs 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, favour or any material or immaterial benefit or any other advantage
from the BIDDER, 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 BUYER will, during the pre-contract stage, treat BIDDERs alike,
and will provide to all BIDDERs the same information and will not provide
any such information to any particular BIDDER which could afford an
advantage to that particular BIDDER in comparison to the other BIDDERs.
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 BIDDER to the BUYER with the full and verifiable facts and
the same prima fade found to be correct by the BUYER, necessary
580 (61)
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 BIDDERS
The BIDDER 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 BIDDER 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 BIDDER further undertakes that it has not given, offered or
promised to give, directly or indirectly 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 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 favour or dis-favour to any
person in relation to the contract or any other contract with the Government.
4.3. The BIDDER further confirms and declares to the BUYER that the
BIDDER
in
the
original
Manufacture/Integrator/Service
Provider/
Authorized government sponsored export entity of the stores and has not
580 (62)
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 BIDDER, 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 BIDDER, 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 BIDDER 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 BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means and illegal activities.
4.7. The BIDDER 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 BIDDER also undertakes to exercise due and adequate care lest
any such information is divulged.
4.8. The BIDDER commits to refrain from giving any complaint directly or
through any other manner without supporting it with full and verifiable facts.
4.9. The BIDDER shall not instigate or cause to instigate any third person to
commit any of the acts mentioned above.
5. PREVIOUS TRANSGRESSION
5.1. The BIDDER declares that no previous transgression occurred in the last
three years immediately before signing of this Integrity Pact with any other
580 (63)
company in any country in respect of any corrupt practices envisaged
hereunder or with any Public-Sector Enterprise in India/Chhattisgarh or any
Government Department in India/Chhattisgarh that could justify BIDDER's
exclusion from the tender process.
5.2. If the BIDDER makes incorrect statement on this subject, BIDDER 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 BIDDER 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 favour of Managing Director CSMCL,
RAIPUR payable at RAIPUR
(ii) Security Deposit in form of Bank as per Clauses of tender document.
6.2. The EMD/Security Deposit shall be deposited up to a period of five
years or the complete conclusion of the contractual obligations to the
complete satisfaction of both the BIDDER and BUYER, including warranty
period, whichever is later.
6.3. No interest shall be payable by the BUYER to the BIDDER on
EMD/Security Deposit for the period of its currency.
7. SANCTIONS FOR VIOLATIONS
7.1. Any breach of the aforesaid provisions by the BIDDER or any one
employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER) 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 BIDDER. However, the
proceedings with the other BIDDER(s) would continue.
580 (64)
(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 BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of the
Indian BIDDER with interest thereon at 2% higher than the prevailing Prime
Lending Rate while in case of a BIDDER from a country other than India
with interest thereon at 2% higher than the LIBOR. If any outstanding
payment is due to the BIDDER 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 BIDDER, in order to recover the payments, already
made by the BUYER, along with interest.
(vi) To cancel all or any other contracts with the BIDDER and the BIDDER
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 BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes,
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 BIDDER(s) to any
middlemen or agent or broken with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in
respect of any contract signed by the BUYER with the BIDDER, the same
shall not be opened.
580 (65)
(x) If the BIDDER or any employee of the BIDDER or any person acting on
behalf of the BIDDER, 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 BIDDER's firm, the
same shall be disclosed by the BIDDER 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 BIDDER.
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 BIDDER 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 BIDDER.
The BIDDER shall be liable to pay compensation for any loss or damage to
the BUYER resulting from such rescission and the BUYER shallbe entitled
to deduct the amount so payable from the money(s) due to the BIDDER.
7.2. The decision of the BUYER to the effect that a breach of the
provisions of this pact has been committed by the BIDDER shall be
final and conclusive on the BIDDER. However, the BIDDER can
approach the Monitor(s) appointed for the purposes of this Pact.
580 (66)
8. FALL CLAUSE
8.1. The BIDDER undertakes that it 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/State run PSU/Anywhere in India and if it is found at any stage
that similar product/services/systems or sub systems was/are supplied by the
BIDDER to any other Department of the Government of Chhattisgarh/State
run PSU/Anywhere in India 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 BIDDER to the BUYER, if
the contract has already been concluded.
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 of the BUYER/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.
580 (67)
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/BIDDER 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 BIDDER
and the BIDDER 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 BIDDER/BIDDER whichever is
later. In case BIDDER is unsuccessful in the rate offer, this Integrity Pact
shall expire after six months from the date of the signing of the contract.
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...........................
580 (68)
BUYER SIGNATURE
BIDDER SIGNATURE
Name of the Officer
Proprietor/Partner/
Designation
Chief Executive
Department/ PSU
Witnesses
Witnesses
1)...................................................
…...................................................
2)...................................................
...................................................
1)...................................................
…...................................................
2)...................................................
...................................................
580 (69)