Re-auction of minor mineral mining unit of stone of district Mahendergarh - regarding

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Haryana Government Gazette EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 1-2024/Ext.] CHANDIGARH, MONDAY, JANUARY 1, 2024 (PAUSA 11, 1945 SAKA)

HARYANA GOVERNMENT

MINES AND GEOLOGY DEPARTMENT

e-Auction Notice

The 1st January, 2024

No. DMG/HY/e-Auction/MGR/2021/01.— It is hereby notified for the information of the General Public that for grant of mining lease/mineral rights, for excavation of minor mineral namely "Stone" from the minor mineral mines of the district Mahendergarh, the e-Auction process (Registration/User ID) and submission of bidding will be as per schedule given below:

The important instructions for participation in the online e-Auction are as under:

1. The bids shall be made online on the e-Auction web portal, link of which is available on website of the Department https://minesharyana.gov.in/ under the tab 'Auctions/Tenders'.

2. The intending bidders before participation in the e- Auction/bidding process will be requiredto create a User Account and to obtain a User-ID and Password for the e-Auction Platform by following the link given on the website of the Department of Mines and Geology, Haryana i.e.; minesharyana.gov.in under the tab 'Auctions/Tenders'.

3. The intending bidders once registered/ having created the "user account" would not be required to get registered again.

4. On successful Registration a Wallet for the bidder will get created in the name of bidder/ intending bidder for keeping additional amount.

(1)2 HARYANA GOVT. GAZ. (EXTRA.), JAN. 1, 2024 (PAUS. 11, 1945 SAKA) 5. The detailed instructions for participation in e-Auction can be perused at "Bidders Manuals" attached as Annexure A. The copy of same can also be downloaded from link "Download Manuals" at e-Auction web portal.

6. The prospective/intending bidders having created user account shall upload following documents (in PDF format not exceeding limit of 10 MB for individual document)

i. No-Dues-Certificate(s) from the concerned Officer In-Charge(s) of the District Mining Office (s) or an affidavit sworn before any Magistrate to the effect that no amount of contract money, royalty, dead rent or surface rent is due in respect of any mining lease/contract or mineral concession held by him (or any of his family members) currently or in the past.

ii. Copy of the Partnership Deed (where bidding entity is a partnership firm) or Articles of Association (where bidding entity is a registered Company) or an Affidavit (where bidding entity is a sole proprietorship firm and the bidder is participating as an Individual).

No transfer or addition or deletion of the Partners/Directors will be permissible before execution of the agreement;

iii. A copy of the authority letter by the Partnership Firm (where bidding entity is a partnership firm) or a copy of the resolution of the Board of Directors (BoD) of the Company (where bidding entity is a registered Company) in favor of the person (authorized representative) who shall be offering the bids online on behalf of the bidding entity.;

iv. An affidavit by the authorized representative of the bidding entity participating in the bid to the effect that the bidder/any of the partners of the partnership firm/any of the Directors of the Company have not been debarred from participation in the auction and from obtaining a mineral concession/s from the State of Haryana.

7. Deposition of amount of Earnest Money Deposit (EMD): Earnest Money for participation in bidding process for any mining area/ site/ unit/ block shall be equal to 10% of the reserve price rounded by an amount of Rs. 10,000/-.

8. The prospective bidders would have option to select one or more mines of their interest for participation in the auction and would have option to be change the same before the last date for deposit of EMD

9. The perspective bidders shall deposit lumpsum amount of EMD, which shall not be less than 10% of the highest amount of reserve price among the mines opted to be participated by the bidder.

10. The prospective bidders for participation in the bidding shall transfer (RTGS/NEFT) funds in lumpsum amount, to be deposited as EMD and other amount of bid security etc., online to the Account of the Department as per detail given below:

TYPE OF ACCOUNT: CURRENT ACCOUNT

Account No: DMGZ9999

MICR Code: 160751005

SWIFT BIC CODE: IDFBINBB

IFSC CODE: IDFB0010209

Note: All amount will be accepted in INR and refunds, if any, will also be in INR.

The prospective bidder is required to make single transaction for the EMD amount.

11. On successful transfer of lumpsum amount as EMD and other amount/s towards bid security etc. in the above said Account of the Department up to 30.01.2024 till 05:00 PM and successfully verification [UTR 22 digits (in case of RTGS) or 16 digits (in case of NEFT) Verification on the e-Auction portal, as a part of e-Auction process] of the EMD deposited along with the prospective bidder having already submitted other documents as per clause 6 shall be eligible to offer further bid for mine.

12. In case the amount deposited is not verified (UTR Verification on the e-Auction portal) within stipulated time frame, the intending bidder will not be allowed to enter in e-Auction of mine(s)/block(s). In case of highest bidder of any of the mine, the amount equal to 10% of the reserve price rounded by Rs. 10,000/- will be deducted from the lumpsum EMD already deposited and such highest bidder will be able to offer bids for further mines, if so desire, only in case the balance amount is equal or more than 10% of the reserve price of next mine selected for bidding. If the balance amount is less than the 10% of the reserve price of next mine selected for bidding, the bidder may add additional amount before commencement of bidding time for mine to be participated in the e-auction.

13. Process for Top-up of EMD from wallet of the bidder: The prospective bidder, in addition to depositing EMD in the Account of the Department, may deposit and keep additional amount in his wallet, by clicking the link "My Account" available on top right corner on portal;

Note: It is clarified that amount of EMD to be deposited initially has to be deposited as per steps given in clause (10) above and in case of deposits (Top-up of EMD) in wallet by following payment gateway by clicking link "My Account".

14. Refund of the EMD

On completion of the auction process of all the mines in this list, the amount of EMD of the un-successful bidders or balance amount of EMD out of lumpsum amount to the successful bidders, if any, would be refunded, provided the same is otherwise not ordered to be forfeited. The prospective bidders shall furnish details of their account for refund of EMD (a) Refund Account Name (b) Refund Account No. (c) IFSC code of the Bank.

Note: Please cross check the information to be submitted online before saving the same as the information in non-editable.

15. Refund from the wallet:

Bidder may request for refund by clicking on 'Request for Refund' button available under the section "My Account" and will get refunded to his Refund Account.

16. Deposition of amount of E-service fee for participation in the e-auction The prospective bidders shall have to pay e-Service Fee/Administrative Charges of Rs. 11000/- plus GST online for each of the mine to be participated for e-auction through Debit Card/Internet Banking by using the service of secure electronic payment gateway available on the e-Auction portal itself with the link titled as 'Pay Now'. The secure electronic payments gateway is an online interface between contractors and online payment authorization networks. The Payment for e-Service Fee/Administrative Charges of the bank can be made by eligible bidders/contractors online directly through Debit Cards & Internet Banking Accounts.

17. Furnishing of wrong information or documents: In case any of the information furnished for creation of User Account and/or any of the documents uploaded as above are found to be wrong/false at any stage during or after the e-Auction, the same shall be liable for action as under:

i. The Department shall be entitled to invoke revocation/cancellation of bid;

ii. The Department shall be entitled to forfeit the amount deposited (EMD or any other amount) at the time of auction;

iii. Even in case, the false information/document is detected after the award of mineral concession, the Department shall be entitled to terminate the mineral concession.

iv. The Department shall debar the bidder from participation in any subsequent auction for a period of 5 years.

18. Information /training/ clarification/ difficulty for participation in the e-auction process: In case of any query regarding process of e-Auction and for undertaking training, the intending bidder can contact Help-desk support for e-Auction Portal for offering Technical Support Assistance over telephone from Monday to Friday (Exclusions: GAZETTED HOLIDAYS) between 10:00 A.M. to 06:30 P.M. as per details given below:

i. The bidders may also send queries to the help-desk through e-mail by sending an email to [email protected] along with appropriate screenshots or error description.

ii. The Online Training Videos for prospective bidders shall be available on e-Auction portal.

19. Bidding Process:

Serial auction of mines: The mines shall be put-up for auction serially from top to bottom as per list notified in the Auction Notice.

i. The bidding process shall start on 05.02.2024 at 10:00 AM.

ii. On the start of the bidding process, the name and the particulars of the mine at Sr. No. 1 to be put-up for e-Auction shall be displayed to the bidders.

iii. The perspective bidder would be allowed to offer bids only in case the mine put to auction is selected for participation in bidding.

iv. In case no bid is received during first 60 minutes after the commencement of bidding process the first round of auction of said mine/block offered shall conclude. The new mine/next in the Sr. no., from the list of mines being taken up for auction, would be offered for auction on 10:00 AM of the following day.

v. If a bid/s is/are received during first 50 minutes but no bid is received during last 10 minutes of the auction (50 minutes to 60 minutes), the bidding shall be concluded by the system after 60 minutes of commencement of bidding.

vi. In case a bid is received during last 10 minutes (50 minutes to 60 minutes) the auction shall be extended by blocks of 10 minutes till such time that no bid is received during the last extended block of 10 minutes. Thus, the bidding shall be concluded when no bid has been received in the last 10-minute extended block.

Note: To illustrate, if a bid is received in say, the 55th minute, the bidding process shall extend by 10 minutes from 60 to 70 minutes. If a bid is now received, say in the 69th minute, the bidding process shall again get extended for another block of 10 minutes from 70 to 80 minutes. If no bid is received from 70 to 80 minutes the bidding process will conclude after expiry of 80 minutes.

vii. Fresh Round of auction for unsuccessful mines: The mines which fail to attract bidders during first round of auction, completed serial wise, shall again be offered for e-auction for second time to explore the possibility of attracting bidders.

Note: To illustrate say there are total 04 mines offered/notified for auction. The mine at Sr. no 1 fails to attract any bid during first 60 minutes and the auction gets concluded as explained in Sub Clause (iv) above. The mine at Sr. no 2 will be offered for e-auction/bidding on next day (day two). Finally, after concluding auction process for mine Sr. No 4, the mine says at Sr. no 1 which failed to attract bidders in first round will be again offered for bidding. The same process will be followed for any other mine which fails to attract bid in first round.

viii. Incremental amount: Minimum incremental bid amount shall be Rs. 5,00,000/- and its multiples.

ix. Auction without any break: Auction of any mine that has started at 10:00 AM shall be completed, without any break, irrespective of the number of days taken in the process.

x. Auction of new mine on following day of conclusion of auction: Any new mine, from the list of mines being taken up for auction, would be offered for auction on 10:00 AM of the following day on which the ongoing auction of last mine was/ is concluded.

xi. Confidentially of bids/Display of the bids: All bidding participants shall be able to view the quoted highest bid value during online bidding process and they will be able to have details of all of their own quoted bids at their end. However, the names/identity of any of bidder in any manner will not be accessible to anyone during auction.

xii. Payment of balance amount of initial bid security by highest bidder:

On conclusion of the bid/auction for any particular mine, a system generated confirmation of highest bid offered by the highest bidder shall be sent automatically on the registered email and SMS will be sent on the registered mobile number, directing the highest bidder to deposit an amount equal to 10% of the highest bid after adjusting the EMD deposited for said mine/ block, as 'Initial Bid Security' within 24 hours of such confirmation. The payment has to be made through RTGS/NEFT mode (as process mentioned in clause 10). The payment is required to be made into Department's account directly and a 22 digits (in case of RTGS) or 16 digits (in case of NEFT) UTR number will be required to verifiedHARYANA GOVT. GAZ. (EXTRA.), JAN. 1, 2024 (PAUS. 11, 1945 SAKA) 5 through the option available on portal for Verification of UTR by the highest bidder. Further, it may also be noted that the highest bidder is not allowed to adjust the amount available in the wallet for payment of difference account. The highest bidder is required to make a single independent transaction for the balance amount.

xiii. In case the highest bidder of preceding mine has funds available in Account (after retention of amount equal to EMD for his successful bid by the Department) equal to EMD for any subsequent mine being offered for auction he may opt for participation in the bidding like any of the other bidders.

xiv. Non-payment of balance amount of initial bid security by the highest bidder: In case the bidder is not able to deposit the initial bid security within period allowed as above, the EMD shall be forfeited and he shall be debarred for 5 (five) years to participate in any further/future auction.

xv. Prospective Effect of Debarment: The highest bidder of any mine, may participate in subsequent bids for other mine/s in the auction list during the period of 24 hours provided to pay the balance amount towards initial bid security for earlier highest bid. The following scenarios may emerge:

➢ The bidder fails to deposit the balance amount for the first mine for which he was the highest bidder. The EMD for the mine in question shall be forfeited and he shall be debarred from participating in future auctions for a period of 5 years. The system shall block the bidding by this bidder in all ongoing/ subsequent bids. Any other highest bids offered subsequently by the bidder thus debarred shall automatically stand cancelled.

➢ The bidder deposits the balance amount for the first mine for which he was the highest bidder but fails to deposit the balance amount for the subsequent mine for which he was also the highest bidder. The bid for the first mine shall be accepted. The EMD for the mine for which the balance amount was not deposited shall be forfeited and the bidder shall be debarred from participating in future auctions for a period of 5 years.

xvi. Refund of EMD: After the completion of the bidding process the EMD amount of the unsuccessful or any balance amount of the highest bidder after adjustment of amount to be deposited, would be refunded/transferred to the account of the bidders on conclusion of the auction process. The unsuccessful bidder may request for refund through "Refund EMD" available under "My Account" section.

20. The details of the area of the Mining Unit along with reserve price and period of mining lease, are given

The terms and conditions of the Auction:

(i) The period of lease shall commence w.e.f. the date of grant of environmental clearance by the Competent Authority and the Consent to Operate (CTO) by the State Pollution Control Board, whichever is later, or on expiry of the period of 12 months from the date of issuance of LoI, whichever is earlier.

(ii) Any site/area/ mine offered for auction can be withdrawn from the Auction without assigning any reason;

(iii) Due care had been taken in specifying the details of the areas of the mining blocks. However, in case of any inadvertent clerical mistake in area detail/Khasra number etc., the same shall be got rectified/corrected even after the completion of the auction but before execution of Lease Deed;

(iv) The lease areas are Tentative and are being notified on 'as is where is' basis and all prospective bidders are expected and presumed to have surveyed the areas to make their own assessment for the potential of the areas for which bids are to be offered.

(v) The bidders are expected and presumed to have gone through the terms and conditions of auction notice and also the applicable Acts and Rules for undertaking mining. The State government shall not be responsible for any kind of loss in land/area or any other loss to the bidders/contractors at any point of time (before or after grant of lease) on any account including on account of reduction of land/area/production/non grant of permission for mining in part area or otherwise on account of any condition stipulated for undertaking mining by any competent authority.

(vi) No request regarding reduction in bid amount on account of reduction in land/area of the Mining Block, on any account including that of change in description of khasra numbers/location etc. at any stage will be entertained on any ground. This shall also include any loss/reduction of area for actual mining for want of compliance of applicable laws/restrictions for mining or part of the contracted area had already been operated in the past. Needless to state that this also includes the changes, if any, as per condition above and the prospective bidder shall give their bids taking account of all such eventualities;

(vii) No person shall be eligible to participate in the Auction, who or any of his family members is a defaulter of any mining dues in respect of any mineral concession granted in the past or any other current mineral concession. In case any of the partners of a Partnership Firm or a Director of a company participating in the auction process or any of their family members are found to be defaulter, the bidder firm/company would be held ineligible. Further, any person, firm or company as the case may be who had been specifically debarred to participate in the auction would not be eligible to participate in the auction;

(viii) In case any bidder participated in the auction is found to be default in arrears of government dues on account of any mineral concession obtained from the State of Haryana at any stage, his bid shall be revoked/cancelled with forfeiture of the amount deposited in order to obtain the said mine on lease;

(ix) All intended participant can view the highest quoted bid during online bidding process. The highest bidder will be informed for confirmation of the same through e-mail and SMS alert at his online registered email and Mobile Number respectively on the conclusion of the respective mine;

(x) The highest bid received/quoted shall become the 'annual Dead Rent' amount payable by the bidder/contractor. The amount of annual Dead Rent initially determined on the basis of competitive bids/auctions shall be increased by 10% on completion of each block of three years; for every three years.

Explanation: If the initially determined annually bid/Dead Rent is Rs. 100/-, it shall be increased to Rs. 110/- with the commencement of the fourth year and to Rs. 121/- with the commencement of the 7th year and so on and so forth for the next each block of three years.

(xi) The highest bidder would be informed about the same- confirmation that he being declared as highest bidder- as per which he shall be liable to deposit 25% of the annual bid/Dead Rent amount as "security" and one month's advance Dead Rent. The above said amount shall be deposited as per following schedule:

(a) an amount equal to 10% of the annual bid amount/ highest bid, after adjusting the EMD deposited for said mine/ block, as 'initial bid security' within 24 hours of conclusion of the bidding process as per details given in clause 19 (xii).

(b) balance amount of bid security i.e. 15% of an annual bid amount before commencement of the mining operation or before expiry of the period of 12 months from the date of issuance of Letter of Intent (LoI), whichever is earlier;

Provided that where the Letter of Intent holder/lessee having taken all steps on his part, fails to obtain required environmental clearance and Consent To Operate (CTO) for undertaking mining operations within the said period of 12 months from the date of issuance of LoI, such letter of intent holder/lessee on a specific application submitted to the Director, at least thirty days prior to the end of the period mentioned above, giving details of the action already taken may seek additional time up to another twelve months, over and above the time of 12 months already allowed for commencement of the period of contract, on payment of a non-refundable fee as per the following:-

(xii) In case the highest bidder fails to deposit 10% of the annual bid amount online towards the "Initial bid Security" within 24 hours given for the same, the earnest money deposited shall stand forfeited. Further such bidder(s) shall not be eligible to participate in any future auctions/Tenders/ competitive bidding process in respect of any area for obtaining mineral concession in the State for a period of 5 years;

(xiii) The bids offered/received during the e-auction process shall be provisionally accepted and shall be regarded as successful bid only after acceptance by the State Government;

(xiv) The LOI would be issued through e-auction portal/online itself on registered e-mail of the bidder, after validating all the documents and approval from the State Government.

(xv) After deposit of 10% of the bid amount (as initial bid security) after the conclusion of auction by the highest bidder(s), no request from the highest bidder(s) regarding revocation or the withdrawal of the highest bid shall be considered. In case, any such request is made, the same shall be followed by the Penal Action i.e. 10% amount deposited towards initial bid security shall stand forfeited and such bidder(s) shall be debarred from participation in any future auctions/ tenders/competitive bidding process in respect of any area for obtaining mineral concession in the State for a period of 5 years;

(xvi) The earnest money deposited by the bidders other than highest bidders shall be refunded upon completion of the auction proceedings;

(xvii) After the acceptance of highest bid by the State Government and on issuance of Letter of Intent, the LoI holder shall execute an agreement in Form ML-I appended to the 'Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012' within a period of 90 days of the order of grant of LoI;

(xviii) The agreement executed shall be got duly registered under relevant law with concerned Registering Authority and they shall be liable to pay applicable stamp duty and registration fee etc. as per the applicable rates and demanded by the Registering Authority/Revenue Department.

(xix) In case of failure to execute the agreement, after issuance of acceptance of bid/LOI within prescribed period of 90 days from the date of issuance of LOI, the acceptance/LOI shall be deemed to have been revoked and 10% amount deposited towards "initial bid security" shall stand forfeited and such bidder shall debarred from participation in any future auctions/tenders/competitive bidding process in respect of any area for obtaining mineral concession in the State for a period of 5 years.;

(xx) After execution of agreement, either before commencement of the mining operation or before expiry of the time allowed, if any, as per clause 21(xi)(b) above, in case of failure to deposit the balance 15% amount towards security (as required under clause 21(xi)(b) above) the acceptance of bid/issuance of LoI/execution of agreement shall be deemed to have been revoked and 10% amount deposited towards as initial bid security after the conclusion of auction shall stand forfeited. Further, such bidder shall be debarred from participation in any future auctions/tenders/competitive bidding process in respect of any area for obtaining mineral concession in the State for a period of 5 years.

(xxi) In case of default as per clause 17 and 19 (XIV and XV) above, wherever the bidder/lessee are debarred from participation future auctions/ tenders/ competitive bidding process, it may be noted that in case of such default by a company, the said company and all of its Promoter/s and Director/s, in case of Partnership Firm along with such firm all of its partners shall be debarred from participation whether individually or as partner/ proprietor/ director in a company in bids for the period prescribed.

(xxii) The lessee shall also deposit/pay an additional amount equal to 7.5% of the due Dead Rent along with installments towards the 'Mines and Minerals Development, Restoration and Rehabilitation Fund'.

(xxiii) The lessee shall also deposit/pay an additional amount equal to 2.5% of the due Dead Rent along with installments towards the 'District Mineral Fund'.

(xxiv) The lessee shall be liable to pay advance Income Tax as per provisions of Section 206 (c) of the Income Tax Act, in addition to the Dead Rent payable as per terms and conditions of the lease deed;

(xxv) On enhancement of the Dead Rent by 10% with expiry of every three years period, the lessee shall deposit the balance amount of security so as to upscale the security amount equal to 25% of the revised annual Dead Rent as applicable for one year with respect to the next block of three years;

(xxvi) No interest, whatsoever, shall be payable on the security amount deposited under proper security head of the government;

(xxvii) The LoI holder/lessee shall also furnish a solvent surety for a sum equal to the amount of the annual bid for execution of the agreement. In case the surety offered by the lessee(s) during the subsistence of the lease is not found solvent, the lessee(s) shall offer another solvent surety and a supplementary deed to this effect shall be executed;

(xxviii) The mining lessee shall got prepare a Mining Plan along with the Mine Closure Plan (Progressive & Final) from the Recognized Qualified Person as per Chapter 10 of the "State Rules, 2012" for mining area granted on lease and shall get the same approved by an officer authorized by the Director, Mines & Geology, in this behalf.

(xxix) The lessee / LoI holder shall obtain prior Environmental Clearance for the Mining block(s)/area from Competent Authority as required under notification dated 14/09/2006 issued by the MoE&F, GoI or as amended from time to time and also other required approvals for mining including Consent to Establish and Consent to Operate before commencement of actual mining operations;

(xxx) The Mining lessee would also be liable to pay following to the land owners;

(a) The annual rent in respect of the land area blocked under the concession but not being operated, and;

(b) The rent plus compensation in respect of the area used for actual mining operations.

(xxxi) The amount of annual rent and the compensation shall be settled mutually between the landowner and the mining lessee. In case of non-settlement of the rent and compensation, the same shall be decided by the District Collector concerned in accordance with the provisions of Chapter 9 of "the State Rules, 2012".

(xxxii) The total mineral excavated and stacked by the concession holder within the area granted on mining contract shall not exceed two times of the average monthly production as per approved Mining Plan at any point of time.

(xxxiii) The Mining lessee shall not stock any mineral outside the concession area granted on mining lease, without obtaining a valid Mineral Dealer License as per provisions contained in Chapter 14 of the "Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012";

(xxxiv) The lessee shall not carry out any mining operations in any reserved/protected forest or any area prohibited by any law in force in India, or prohibited by any authority without obtaining prior permission in writing from such authority or an officer authorized in this behalf. In case of refusal of permission by such authority or officer authorized in this behalf, lessee(s) shall not be entitled to claim any relief in payment of Dead Rent on this account;

(xxxv) That no mining operation shall be allowed in the urbanize zone of area notified by Town and Country Planning Department. Further, in case of the agriculture zone notified by Town and Country Planning Department mining shall be permissible only after obtaining prior permission from the competent authority;

(xxxvi) A safety margin of two meters (2m) shall be maintained above the ground water table while undertaking mining and no mining operations shall be permissible below this level unless a specific permission is obtained from the competent authority in this behalf.

(xxxvii) The lessee shall not undertake any mining operations in the area granted on mining lease without obtaining requisite permission from the competent authority as required for undertaking mining operations under relevant laws;

(xxxviii) The lessee shall be under obligation to carryout mining in accordance with all other provisions applicable as per Mines Act, 1952, Mines and Minerals (Development and Regulation) Act, 1957, Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986 and the rules made there under Wild Life (Protection) Act, 1972, Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981;

(xxxix) Further information, if any required, can be had on any working day from the office of the Mining Officer, Mines & Geology Department, Mahendergarh or from the O/o the Director General, Mines and Geology, Haryana, Plot No 9, Sector 22, Panchkula, Haryana.

(Sd/)…, Director General, Mines & Geology, Haryana.

10811—C.S.—H.G.P., Pkl.