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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

EXTRAORDINARY

Published by Authority

CHANDIGARH, FRIDAY, JUNE 9, 2023 (JYAISTHA 19, 1945SAKA)

GOVERNMENT OF PUNJAB

DEPARTMENT OF MINES & GEOLOGY

Auction Notice

The 9th June, 2023

Notice No. PB/E-auction-4/2023/3352.–WHEREAS the State of Punjab has formulated and approved

the Punjab State Minor Mineral Policy, 2023 under the Punjab Minor Mineral Rules, 2013 [the 2013 Rules]

formulated by the State Government under the Mines and Minerals (Development & Regulations) Act, 1957

[the 1957 Act].

WHEREAS, the present notice is being issued for allotment of contracts of commercial mining sites/

clusters mentioned in the attached Annexure 1. The Schedule is mentioned below:

SCHEDULE

Activity

Date

Time

Start date for Registration of Bidders and upload of

documents/EMD payment

Pre-Bid Meeting

T + 7

Last date for upload of Documents / EMD payment

T+21

Technical Bid evaluation

T + 28

(upto 5: 00 PM)

Opening of Financial Bid

T + 28

•

Place of Pre Bid meeting:

ADDRESS OF CONCERNED DISTRICT MINING OFFICER

•

Punjab State Minor Mineral Policy, 2023

All the terms and conditions of the Punjab State Minor Mineral Policy, 2023 (Annexure 2) shall be

the binding instructions for this auction notice. Further, in addition to terms and conditions of the

Policy 2023, following terms and conditions are mentioned below:

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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

Additional Terms & Conditions for the Auction:

Submission of Bid/ Participation:

Each bid shall be submitted online through e-procurement website www.eproc.punjab.gov.in of Punjab

Govt.

To participate in the e-auction, prospective bidders shall have to get themselves registered with the

e-Procurement portal (http://www.eproc.punjab.gov.in) and obtain user ID and password. Class 3 Digital

Signature Certificate is mandatory for participating in the e-auction process.

Fees, EMD, Undertaking, Documents:

The prospective bidder shall deposit the application fee (non refundable) for participation in E-auction

and EMD through a designated bank account which must be in his/her name (or company/firm) only.

The bidder shall give the details of this designated bank account in his undertaking.

Prospective bidder shall deposit the EMD on the e-procurement website through e-payment gateway

as described in the Annexure 1 for mining site(s)/cluster(s), he/she plans to bid for. In case, the

EMD deposited is less than the prescribed value or if prospective bidder deposits EMD from the

bank accounts other than his designated bank account, then his/her technical bid shall be rejected.

Every bidder shall also deposit processing fees, as applicable, on the e-procurement website

www.eproc.punjab.gov.in. This amount shall be non refundable.

Prospective bidder shall upload the following documents:

MS Excel undertaking (Annexure 3) shall be uploaded by prospective bidder on the e-procurement

web site www.eproc.punjab.gov.in. This undertaking shall be downloaded from the e-procurement

website only. If the undertaking is not uploaded as per requisite pro forma or giving incomplete

information or upload the blank undertaking by any bidder, then his/her technical bid shall be

rejected.

ii.

An undertaking that he shall ensure the presence of Site Manager(s) and Software professional(s)

for each cluster.

iii.

Copies of Audited Final Accounts (Balance Sheet and Profit and Loss Account)/ Income tax

returns for last three years to verify turnover, along with Statement of designated bank account

duly signed by the bank

iv.

Copy of PAN card

Copy of Aadhar Card

vi.

Undertaking that Applicant/Firm is not defaulter in the payment of any dues of State Government/

Govt. of India and he is not in legal dispute with the State Government as regards payment of

any dues under the 2013 Rules or any previous mining contract and has not been convicted in

any criminal offence by a competent court of law.

vii.

An undertaking that he has read and agrees with the terms of this E-auction notice and the

conditions set out therein.

On the date of verification of documents uploaded by the bidder, his eligibility to participate in the

bidding process shall be ascertained. The ineligible/blacklisted agency/contractor/firm shall not be

allowed to participate in the bidding process.

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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

The documents must be submitted by individual/proprietor, society, partnership firm and company as

applicable to the entity. In the event of delay in submission of aforesaid documents or submission of

incorrect documents the bidder shall be solely responsible. For delay in user ID activation, all bidders

are advised to register well in advance to avoid last-minute delays. For more details regarding registration

process kindly refer to registration guidelines on the e-procurement website www.eproc.punjab.gov.in.

The prospective bidder may contact customer care of www.eproc.punjab.gov.in at telephone numbers

0120-4001002, 0120-4001005, 0120-6277787, 0172-2970263, 022-27560266 and 0172-

2970284 for any technical queries related to participation and submission of the bids.

Process of Bidding:

The E-auction for award of mining rights shall be conducted site wise/cluster for the mining areas

there under, through e-auction process where every interested prospective bidder can bid.

During E-auction if any bidder violates any rules, then he/she will not be allowed to participate in the

e-auction and his EMD shall be forfeited. If Director decides that the violation is serious then he may

prohibit the bidder to participate in e-auction for upto 3 years.

The Director/mining reserves the rights to cancel any bid given by the bidder, to annul the bidding

process and reject all or any of the bids at any time or to exclude any mining site(s)/cluster from the

auction and this being in the realm of contract, there shall be no obligation to communicate such

reasons to any bidder.

Tenders of clusters shall be called by the respective District Mining Officer on the e-procurement

portal. However, in case a situation of draw of lots arises than the same shall be held at Head Office

level under Director Mining. The time and place shall be intimated well in time to all the H1 bidders.

Pre-Bid Meeting:

The Bidder or his official representative is invited to attend a pre-bid meeting which will take place at

the address, venue, time and date as indicated above.

The purpose of the meeting will be to clarify issues and to answer questions on any matter that may

be raised at that stage.

The bidder is requested to submit any questions in writing to reach the department not later than

3 days before the meeting.

Minutes of the meeting, including the text of the questions raised (without identifying the source

of enquiry) and the responses given will be uploaded on the e-procurement web site

www.eproc.punjab.gov.in. Any modification of the auction notice, which may become necessary as

a result of the pre-bid meeting shall be made by the department exclusively through the issue of an

Addendum/Corrigendum pursuant to clause 5 and not through the minutes of the pre-bid meeting.

Non-attendance of any bidder at the pre-bid meeting will not because for disqualification of a bidder.

Amendment of Auction Notice

Before the deadline for submission of bids, the department may modify the auction notice by issuing

addenda/corrigenda.

Any addendum/corrigendum thus issued shall be part of the auction notice and shall be uploaded on

the e-procurement web site www.eproc.punjab.gov.in

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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

To give prospective bidders reason able time in which to take an addendum/corrigendum into account

in preparing their bids, the department may, at his discretion, extend as necessary the deadline for

submission of bids.

Site Visit/Selection of Mining Areas:

The prospective bidder at his own level and expenses can visit the mining areas (Annexure 1) to

satisfy himself as to the feasibility of conducting mining operations in the areas located in the said

mining site(s)/cluster and also satisfy himself regarding quantity of minor mineral to be extracted

from the mining site(s) he plans to bid for.

The department shall not be responsible in future for non-availability of material on the mining site(s)/

cluster as per the auction notice, if the same is not brought into notice of the department by the bidder

before submission of his/her bid.

The successful bidder shall have to apply for transfer the Environmental Clearance (EC) EC at his/

her name from the competent authority.

The department will not be responsible for any reduction in Annual Concession Quantity by SEIAA

or any other regulatory authority for any cluster. No relaxation will be given on account of Annual

Concession Value due the said mentioned reason.

Provisional Acceptance, Award of Concession:

The provisional acceptance shall be issued by the Government in the name of successful bidder. The

successful bidder shall deposit @ 35% of annual concession value as first installment from his

designated account within 2 banking days from the date of issue of provisional acceptance, through

designated bank account by RTGS/NEFT in the account of concerned District Mining Officer as

given in Annexure 4.

If the successful bidder does not deposit the requisite amount within the stipulated time (within 2

banking days, upto 5.00 pm after issuance of provisional acceptance) then the EMD deposited by

him will be forfeited and he will be prohibited to participate in the coming e-auction for next 3 years.

In case, the successful bidder fails to deposit Security amount within 2 working days, up to 5.00 pm

after issuance of provisional acceptance, the earnest money deposit shall be forfeited and he will be

prohibited to participate in the coming E-auction for the next 3 years.

The EMD of the unsuccessful bidder shall be refunded within 7 banking days of provisional acceptance

of the bid. This amount shall be refunded to the designated accounts through which the bidder

remitted the EMD.

The concessionaire shall deposit Environment Performance Guarantee @ Rs.15,000/- per acre within

30 days from the date of execution of concession agreement with the District Mining Officer, in

shape of FD/Cash/DD/Bank Guarantee having validity of 6 months over the concession period.

In addition to the annual concession value, the concessionaire shall deposit the quarterly land owner

compensation in the bank account of Central Government/State Government/Panchayat/Private

landowners @ Rs. 50/- per tonne through cheque as per the extraction done. The same shall be

informed to the District Mining officer while producing the evidence. In case of violation, the concession

shall be cancelled as per the 2013 Rules (as amended) and the concessionaire shall be blacklisted for

a period of three years.

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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

The concessionaire shall be bound to deposit T.D.S under Section 206-C(IC) of the Finance Act,

2004 (as amended). Every concessionaire shall be bound to supply the Pan Number (for Income

Tax) and GST Number (for GST) to the concerned District Mining Officer.

Award of Concession and Signing of Agreement –

After completion of E-auction, the payment of 1st installment and security amount should be paid by

the successful bidder only through this designated bank account and he/she will not be allowed to

deposit any amount from any account other than his/her designated bank account. In case, if successful

bidder deposits the said amount from the other account instead of his/her own account, the same

shall be forfeited and the bid shall be cancelled.

The bank account details of respective District Mining Officers, in which 1st installment amount and

security amount is to be deposited by successful bidder, is mentioned in Annexure 4.

In case, the successful bidder fails to execute and register the concession agreement within 15 days

from date of issuance of provisional acceptance, the provisional acceptance of the bidder shall be

cancelled and his first installment and Security deposit shall be forfeited and the bidder shall be

blacklisted for 3 years and the fresh auction of mining cluster shall be held.

Site regulatory measures:

The successful bidder/contractor shall be bound to install boundary pillars for demarcation and fix the

bench marks for regulation of depth of excavation at mining site(s) at his own expenses;

The successful bidder/contractor can start the excavation from the mining site(s) only after the

execution of concession agreement and obtaining all necessary statutory and non-statutory clearances

and installing electronic weigh bridge. It shall be ensured by the concessionaire that the weighbridge

installed at each mining site must be able to measure the full weight of all types/sizes of vehicles/

carriers used for transporting excavated material from the mining site.

The concessionaire shall put up notice board at the pit head of mining site(s) showing concession

details like khasra Nos., quarry map, per annum quantity allowed, timing allowed for mining activity,

concession period etc. and contact detail of concerned Deputy Commissioner, Mining Officer, and

concessionaire etc. so that any person can give complaint if any.

The concessionaire shall allow the government employee near the weight machine so that he may

check the register of measuring weight etc by the concessionaire.

The concessionaire shall send details of each measured vehicle electronically to the Department in

prescribed form-T and the Department after verification of the said details issue slip electronically

in prescribed form-T, which shall be downloaded by concessionaire and shall be used for transit

of loaded minor sand mineral. The slips shall be issued only from the departmental web portal ie.

https://minesandgeology.punjab.gov.in.

It shall be the responsibility of the concessionaire to level the pits, ditches, restore physical, chemical

and biological quality disturbed by the mining to a level acceptable to all concerned simultaneously

after carrying out excavation work as per conditions of mine closure plan so that there may not be

any untoward incident. The concessionaire must leave the area in such a way that rehabilitation does

not become a burden to the society after mining operation is over. It must also aim to create as self-

sustained ecosystem.

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PUNJAB GOVT. GAZ. (EXTRA), JUNE 9, 2023 (JYST 19, 1945 SAKA)

No excavation work of minor mineral shall be carried out at protected reservoir or any forest area.

The present mode of excavation at each mining site of cluster permitted by SEIAA is already mentioned

in Annexure 1. Further, the bidder at his own discretion may approach to SEIAA for granting

permission to conduct semi mechanized mining operations in the Clusters where initially the permission

has been granted manually. The Department shall facilitate such applications of successful bidders/

contractors.

The mining operation shall be undertaken in a scientific and systematic manner i.e. mining operation

should be consistent with the approved mining plan and guidelines issued by State Environment

Impact Assessment Authority.

10.

Other mandatory conditions:

The conditions mentioned in the environment Clearance shall be binding on the successful bidder/

concessionaire.

The prospective bidder/ Contractor shall comply with the provisions of the Water (Prevention &

Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Environment

(Protection)Act, 1986, Punjab Land Security Act, 1900, Indian Forest Act, 1927, Wild Lives

(Preservation) Act, 1972, Mines Act, 1952, Mines and Minerals (Regulation and Development) Act,

1957, Forest (Conservation) Act, 1980, Metalliferous Mines Regulation, 1961, Environment Clearance,

Environment Management Plan, and Punjab Minor Mineral Rules, 2013 (as amended) as well as any

conditions imposed by the environmental clearances.

The prospective bidder/ contractor shall also comply with the Punjab Minor Mineral Policy 2023, the

terms of this auction notice as well as the Form L-1 form (as amended) statutory contract. In case

any amendment is made in the 2013 Rules, or any other government rules, instructions, notification,

circular are amended and/or issued, during the concession period, the same shall be binding on the

contractor and shall be deemed to be part of this document and any contract executed with such

contractor.

In the event of violation of any of the above, the contract may be cancelled by giving show cause

notice or without giving any such notice in case of any emergency by competent authority and the

amount deposited by the bidder/ contractor at the time of auction shall be forfeited.

11.

Rights reserved to the State Government:

The bidders and their representatives shall observe the highest standard of ethics during grant

of the mining concession. Notwithstanding anything to the contrary contained herein, the Government

may reject a bid, withdraw the mining concession, as the case may be, without being liable in any

manner whatsoever to the bidder or to the successful bidder, as the case may be. If the Government

determine that the bidder or the successful bidder, as the case may be, has, directly or indirectly or

through an agent, engaged in any corrupt fraudulent practice, coercive practice, undesirable practice

or restrictive practice in the bidding process or subsequent to allotment, in such an event, the

Government shall be entitled to forfeit and appropriate the EMD or Performance Security, as the

case may be, as damages, without prejudice to any other right or remedy that may be available to the

Government under the auction notification and/ or otherwise. However, before taking such an action,

opportunity to show cause shall be issued to the affected parties in order to comply with the principles

of natural justice.