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)