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Pawan/D:\Documents and Settings\abc\My Documents\gk Gupta project\Tender Form\NIT BIKANER.doc 1 M/s. Cost of Tender Form : Rs.500/- (By Post : Rs. 600/-) Receipt No.: Date : RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI SANGH LTD. (TILAM SANGH) NEHRU SAHAKAR BHAWAN, BHAWANI SINGH ROAD, JAIPUR - 3020001 Ph. : 0141-2740171, 2740422, 2740180 FAX : 0141-2740487 ----------------------------------------------------------------- TENDER DOCUMENT FOR LEASE OF BIKANER PROJECT (150/120 TPD Groundnut/Mustard Oil Mill, 100 TPD Cake based Solvent Extraction Plant, 50 TPD Continuous Refinery & three godowns) ---------------------------------------------------------------- 1 Date of NIT Published : 2 Last date for Sale of : 30.08.2012 /at 2.00 PM Tender Document 3 Date & Time for Tender : 30.08.2012 /at 3.00 PM Submission 4 Date & Time for Tender : 30.08.2012 /at 4.00 PM Opening 5 Place for Tender : Tilam Sangh, 2nd Floor, Submission & Opening Nehru Sahakar Bhawan, Bhawani Singh Road, Jaipur – 302 001(Rajasthan) 6 Earnest Money Deposit : Rs. 2.0 Lac (Rupees Two Lac) Rajasthan Rajya Tilhan Utpadak Sahakari Sangh Ltd., Jaipur, popularly known as Tilam Sangh, invites sealed tenders on "as is where is" basis from interested Firms/Parties for leasing out its Plants (150/120 TPD Groundnut/Mustard Oil Mill, 100 TPD Cake based Solvent Extraction Plant, 50 TPD Continuous Refinery and three godowns) and rates for which are to be furnished in enclosed format (Annexure-'A').

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Page 1: RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI …tilamsangh.com/bik.pdf · RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI SANGH LTD. (TILAM SANGH) NEHRU SAHAKAR BHAWAN, ... documents together

Pawan/D:\Documents and Settings\abc\My Documents\gk Gupta project\Tender Form\NIT BIKANER.doc 1

M/s.

Cost of Tender Form : Rs.500/- (By Post : Rs. 600/-)

Receipt No.: Date :

RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI SANGH LTD. (TILAM SANGH)

NEHRU SAHAKAR BHAWAN, BHAWANI SINGH ROAD, JAIPUR - 3020001 Ph. : 0141-2740171, 2740422, 2740180 FAX : 0141-2740487

-----------------------------------------------------------------

TENDER DOCUMENT FOR LEASE OF BIKANER PROJECT

(150/120 TPD Groundnut/Mustard Oil Mill, 100 TPD Cake based Solvent Extraction Plant, 50 TPD Continuous Refinery & three godowns)

----------------------------------------------------------------

1 Date of NIT Published : 2 Last date for Sale of : 30.08.2012 /at 2.00 PM Tender Document 3 Date & Time for Tender : 30.08.2012 /at 3.00 PM Submission 4 Date & Time for Tender : 30.08.2012 /at 4.00 PM Opening 5 Place for Tender : Tilam Sangh, 2nd Floor, Submission & Opening Nehru Sahakar Bhawan, Bhawani Singh Road,

Jaipur – 302 001(Rajasthan) 6 Earnest Money Deposit : Rs. 2.0 Lac (Rupees Two Lac)

Rajasthan Rajya Tilhan Utpadak Sahakari Sangh Ltd., Jaipur, popularly

known as Tilam Sangh, invites sealed tenders on "as is where is" basis

from interested Firms/Parties for leasing out its Plants (150/120 TPD

Groundnut/Mustard Oil Mill, 100 TPD Cake based Solvent Extraction

Plant, 50 TPD Continuous Refinery and three godowns) and rates for

which are to be furnished in enclosed format (Annexure-'A').

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(1) GUIDELINES FOR TENDER DOCUMENT

------------------------------

1.1 Tender bids not accompanied by prescribed earnest money shall be liable for rejection.

1.2 Bidders should furnish their complete address with proof, telephone and fax numbers for the purpose of further correspondence and communication pertaining to the tender, any change in the same should be intimated promptly.

1.3 Correction in the tender bid should be noted over and initialed at the place of correction.

1.4 Negligence of bidder in preparing tender bid confers no right to withdraw the bid after it is submitted.

1.5 All the tender bids should be either in English or Hindi only.

1.6 Tender bids should be kept valid for acceptance for a period of three months from the date of opening of tender bid.

1.7 Managing Director, Rajasthan Rajya Tilhan Utpadak Sahakari Sangh Ltd. reserves the right to accept or reject all or any tender bid partly or fully without assigning any reason whatsoever to bidder.

1.8 The rates must be quoted in words as well as in figures and shall be firm and unconditional.

1.9 No other conditions except those mentioned in the tender document will be entertained in the tender.

1.10 The plant and godowns will be given on "as is where is" basis. Plant & Godowns may be inspected by the tenderer during working hours.

1.11 The whole unit is not in operation since last few years. The electricity contract demand has to be increased for plant operation. All expenses on this account will have to be borne by the firm except security deposit with Electricity Board.

1.12 Detailed terms & conditions given in tender document constitute an integral part of tender bid/agreement.

1.13 The tenderer shall sign the tender document on each page at the end in token of acceptance of all terms & conditions of the Tender.

1.14 An agreement will have to be executed on award of contract and before taking over charge.

1.15 Tenderer is required to mention his status in the tender i.e. whether he is Proprietor, Partner or Director. In case he is a Partner or Director, his authority to file and sign the documents together with copy of the deed of Partnership or copy of Board's Resolution alongwith copy of Articles or Association/ Memorandum of Association/IT/CST/RST/VAT/EXICE/Service Tax etc.,

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clearance certificate, PAN/TAN No. must be submitted with the Tender.

(2) TENDER PROCEDURE

----------------

2.1 The tenders should be sent by registered post with acknowledge due so as to reach Tilam Sangh not later than 2.00 PM on 30.08.2012 Alternatively tenderer or their authorized representative should submit tender personally by the prescribed time & date.

2.2 The tenders should be put in sealed cover duly superscribed as "Tender for lease of Oil Mill,Solvent Extraction Plant, Refinery and Godowns of Bikaner Unit.

2.3 No responsibility shall be taken for premature opening of tender which is not properly addressed or identified.

2.4 No Telegraphic/telephonic/letter-tender bids shall be considered. However, any amendment sent by telegram/fax to the tender already submitted, shall be considered provided it is in conformity with tender document and is received before due date and time for closing the tender and it is confirmed in writing by post within one week of closing of tender bid.

(3) EARNEST MONEY DEPOSIT

3.1 All tenderers shall be required to deposit earnest money of Rs. 2 lac by crossed demand draft of any Nationalised Bank in favour of "Rajasthan Rajya Tilhan Utpadak Sahakari Sangh Ltd." payable at Jaipur. Earnest money deposited in any other form will not be accepted.

3.2 No interest will be paid on EMD (Earnest Money Deposit).

(4) CONDITIONS IN CASE TENDER IS AWARDED

1 A registered letter in duplicate will be sent to the party to whom tender is awarded, at the postal address mentioned by the party in the tender.

2 The period of lease for running Oilmill, Solvent Extraction Plant & Refinery of Bikaner Unit shall be for 3 years and can be extended further for two years with mutual consent on prescribed terms & conditions.

3 Successful tenderer will have to execute an agreement on non-judicial stamp paper.

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4 The firm shall furnish Bank Guarantee valid for 3 years and thereafter for couple of months and extendable/renewable for another term of 3 years of Rs 10 lac of Nationalized Bank in favour of Federation towards security, power/electricity charges before taking over the possession of any section of Bikaner Unit.

5 The Bank Guarantee against security deposit shall be discharged after 3 months of successful completion of period and after handing over the concerned Unit in working condition and other fixtures and furniture and on submission of "No Dues Certificate" from concerned Electricity Distribution Company PHED, BSNL & Other Departments and clearance of all legal dues. However, suitable amount can be detained by the Federation for liabilities/contingent liabilities, if any, which may arise at a later date.

6 The Firm to whom the tender is awarded shall have to submit 36 cheques of amount equal to three years rent to Tilam Sangh at the time of signing the agreement. The cheques of rent shall be presented on 1st working day of each calendar month in the bank. Therefore, the party is required to keep sufficient funds in the bank for honouring the cheque timely. The successful tenderer shall also have to pay 3 months rent in advance which shall not carry any interest. Amount of advance rent of three months shall be refunded on completion of the lease period or extended lease period as the case may be.

7. Plant & Machineries & Godowns etc. shall be given on lease on “As is where is basis”, list of which is as per Annexure-`C’ enclosed herewith. Canteen Building, Time Office Building, Residential Quarters & Area and Godowns not included in the Annexure-`C’ shall remain in the exclusive possession of Tilam Sangh. Internal Roads and passages shall commonly be used by Tilam Sangh and the Firm to whom the tender is awarded.

8. The minimum period of lease of running Oilmill, Solvent Extraction Plant & Refinery of Bikaner Unit shall be 3 years from the date of execution of agreement which can be extended to 2 years further with mutual consent on prescribed terms & conditions, but Federation reserves right for immediate termination of this agreement in case Federation finds that firm is negligent or making any default or violates any terms of agreement or tries to fraud or collusion.

9. The Integrated Unit premises, machinery, fitting & fixtures etc. provided at the time of handing over shall at all times, remain the property of Tilam Sangh. The detailed list of the same shall be prepared and signed by both organization which will constitute an integral part of main agreement. The firm will not sell, sublet, hire, part with the possession or move the machinery, fitting, fixtures etc. i.e. the property of Tilam Sangh or permit any other person or entity to use the premises, machinery, fixtures etc. and will not assign the benefit of the agreement in any manner whatsoever without the written consent of Tilam Sangh.

10. The firm can invest his money for improvement in the plant or technology through any machinery/equipment. However, this would be carried out only with the written consent of the Federation. The machinery/equipment so required to be transferred

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to Federation on termination of contract period on written down value, but the Federation shall be at liberty to take it or refuse the same.

11. The firm shall hand over the whole unit, plants & godowns to the federation in good condition with all the storage facilities emptied and cleaned completely. In case of any damage fully/partially of any part/machinery the same shall be replaced by the original part of the machinery free of cost before handing over to the Federation on the expiry of the contract period by firm.

12 Any additions, alteration, construction etc. in the Plant and also in the machinery can be allowed only with the written permission of Tilam Sangh. However, the firm will be responsible for the proper maintenance, safe custody & breakage of the plant & machinery.

13. The Federation shall arrange comprehensive insurance of the buildings and plant and machinery against fire, theft etc. at the firm's cost and expenses. In case of destruction by natural calamity whether wholly or part the FIR, survey and other formalities will be completed by the firm in due time but the claims shall be obtained by the federation.

14. All the maintenance expenses on the running of the Plant shall be borne by the firm only. The Federation shall have the authority to inspect the plant at any moment without permission of firm. During maintenance while replacing the parts it shall be ensured by firm that original/good quality parts are used.

15. All the statutory liabilities/any other liability arising out of activity/actions/non-actions on the part of firm during the period or arising after the expiry of period concerning to the contract period shall be borne by firm. During the currency of contract period all statutory requirements shall be carried out by the firm.

16. Lawful activity, tress pass, control limit Act, or any other act applicable shall be the liability of the firm.

17. No other business and/ or activity shall be carried out without prior consent of the Federation in the said premises.

18. Complete plant or part thereof cannot be mortgaged/sublet to any other party/institution by the firm.

19. The manpower required for operation and maintenance of Plant shall have to be arranged by the tenderer, to whom the contract is awarded. The firm alone shall be responsible for all kinds of legal liabilities, salaries, PF,ESI, Worksman Compensation Act, ID Act, etc. regarding to persons employed by him or to a person or property which may arise out during contract period.

20. Operational expenses like electricity, water supply, charges for repairs and maintenance of machine, diesel for DG Set

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used in case of power failure and charges for repairs and maintenance of DG Set etc. shall be borne by the firm.

21. The firm shall deposit promptly the electricity and water supply charges as per bills received from concerned departments. In case of delay/default in payment, the firm shall be responsible for penalty levied and for reconnection charges, if any, charged by concerned department. If any penalty, surcharge further increase from back date for water and electricity etc. (arrear) shall be borne by firm.

22. The expenditure on the repairs & maintenance and electricity charges and all expenses of tube well will have to be borne by the firm

23. The Federation shall hand over available stores/spare parts to the firm if required at the mutual agreed value of the stores.

24. The expenditure on proper maintenance, repairs and upkeep of the premises including machinery, fitting, fixtures, furnitures etc. will have to be borne by the firm.

25. Machinery shall be operated & maintained by properly trained and qualified staff engaged by the firm. Use of machinery must be done strictly in accordance with the norms prescribed by the supplier of machinery.

26. Firm will furnish its Income Tax Permanent Account Number and VAT/Sales Tax Registration Numbers.

27. The firm will be responsible for payment of all sort of taxes to the Govt. on the goods produced as per relevant rules and regulations applicable from time to time. Responsibility for observing labour laws, separate sales tax, service tax registration and other concerning laws will be of the firm.

28. Tilam Sangh will have the right to carry on inspections of the Plant and premises at any time by his representatives.

29. Tilam Sangh will have right to close the electricity supply on default of payments on the side of the firm or in case of violation of any of the terms of agreement, after giving advance notice on 1st default and without any prior notice if default is repeated.

30. The Plant and premises will be given back to Federation immediately on completion of period or earlier as the case may be in good condition. In case anything is found damaged or any changes are made, firm shall be responsible for the same and will have to make good the same.

31. If Tilam Sangh suffers any loss or damages due to firm's action/inaction the firm shall have to compensate and to make and bear expenses for the same.

32. Utmost care will be taken by firm for proper upkeep & maintenance of premises.

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33. The firm shall not use federation's goodwill or brand name or name in any manner whatsoever for its trade etc.

34. Any overdue payment by the firm shall attract payment of interest @ 18% per annum from the date its becomes due till the date of actual payment.

35. Any deviation in the terms and conditions of the agreement shall make the firm liable to for cancellation of the agreement, if the firm fails to fulfill its obligations within seven days from the date of receipt of notice given by the Tilam Sangh.

36. That on expiry of specified period of lease, the possession of the plant and premises, shall be deemed to be handed over to the Tilam Sangh, without any further recourse. The firm/party shall not be entitled to claim any loss or compensation from Tilam Sangh if it fails to handover the possession of the plant and premises to the Tilam Sangh on expiry of specified period and in such situation possession is deemed to be taken over by the Tilam Sangh.

37. That if for any reason, the firm/party continues to have its possession on plant and premises even after expiry of the specified period, the Tilam Sangh shall be entitled to charge penalty @ four times of the rent calculated on per day basis over and above the monthly rent prevailing at that time.

38. That if the firm/party fails to handover the plant and premises in the same operative conditions in which it had taken over the possession or makes any default in proper maintenance or upkeep or had caused any damage or loss to the plant and premises, the Tilam Sangh shall be entitled to recover the amount of loss/damage or actual expenses to be incurred to bring the plant and premises in operative and properly maintained condition from the firm/party and/ or to adjust against EMD or by invoking Bank Guarantee.

39. The firm shall have to produce "No Dues Certificate" from Electricity Supply company, PHED, BSNL, etc. before applying for refund of Security Deposit/Bank Guarantee.

40. The agreement shall be deemed to have concluded in the City of Bikaner and the Court of Bikaner (Rajasthan) shall have jurisdiction.

41. In case of any dispute arises as to the interpretation or operation or effect of any clause or clauses in this deed or as to the breach of any of the conditions of this deed and as to the non-repair, destruction and other alteration of and from property provided and as to pay charges by the firm to federation and to the determination of liabilities of the parties regarding any new tax charges which may be levied hereinafter and not have been provided for in this deed, or any other dispute touching the contents of this deed both the federation and firm shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute arising between them. After 30 days from the commencement of such informal negotiation federation and the firm have been unable to resolve amicably dispute, same

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shall be referred to the Administrator/Chairman Tilam Sangh, Rajasthan for sole arbitration in accordance with provisions of Arbitration and Conciliation Act, 1996 for adjudication/arbitration and whose decision shall be final and binding on both the parties.

5) BREACH OF AGREEMENT BY THE PARTY

--------------------------------

1 In case firm makes breach of any of above mentioned conditions, Tilam Sangh will be at liberty to cancel the agreement and take back the possession of Plant.

2 Firm shall be responsible for all kind of losses occurring to Tilam Sangh due to breach of contract agreement.

3 Litigations, if any, arising out of agreement, shall be under the jurisdiction of Courts situated at Bikaner City only.

4. In case of any dispute arises as to the interpretation or operation or effect of any clause or clauses in this deed or as to the breach of any of the conditions of this deed and as to the non-repair, destruction and other alteration of and from property provided and as to pay charges by the firm to federation and to the determination of liabilities of the parties regarding any new tax charges which may be levied hereinafter and not have been provided for in this deed, or any other dispute touching the contents of this deed both the federation and firm shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute arising between them. After 30 days from the commencement of such informal negotiation federation and the firm have been unable to resolve amicably dispute, same shall be referred to the Administrator/Chairman Tilam Sangh, Rajasthan for sole arbitration in accordance with provisions of Arbitration and Conciliation Act, 1996 for adjudication/ arbitration and whose decision shall be final and binding on both the parties.

**********************

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Annexure -'A'

RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI SANGH LTD. (TILAM SANGH)

--------------------------------------------------------------- OFFER OF RATES BY THE FIRM ===========================

I/We offer the proposal towards taking the Plant on lease basis, which is situated at 33, Bichhwal Industrial Area, Bikaner for a period of 3 years. An agreement shall be executed between both the parties for the conditions as agreed.

PLANT ON LEASE : Lease Rent Amount (Per Month) Remarks

Oil Mill (150/120 TPD Groundnut/Mustard), 1.In Figures ______

Solvent Extraction Plant (100 TPD Cake), 2.In Words ______

Refinery (50 MT),

3 Godowns and 2 Silos.

The above offer shall be valid for acceptance for a period of three month from the date of opening of tender bid.

1. Signature of Authorised :_________________________

Signatory

2. Name of Tenderer :_________________________

3. Complete Address of the :_________________________

Tenderer _________________________

_________________________

4. Telephone No./Fax No. :_________________________

Telegraphic Address, :_________________________

if any. :_________________________

5. Seal of Firm/Party :

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:: 2 ::

DECLARATION OF THE TENDERER

I/We have fully understood the terms & conditions herein before appearing from page 1 to 8 as well as in Annexures-'A,B & C' and shall be bound by these terms & conditions. In case of any doubt interpretation/ relaxation of any clause of the Tender Document, I/We agree that decision of the Managing Director, Tilam Sangh Rajasthan, Jaipur shall be final.

Signature with seal of Tenderer/ Authorised Representative of Tenderer

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Annexure -'B'

AGREEMENT FOR BIKANER UNIT

==========================

This agreement made this ……………… day of …………………………………… between the Rajasthan Rajya Tilhan Utpadak Sahakari Sangh Ltd. (known as 'Tilam Sangh'), 33, Bichhwal Industrial Area, Bikaner having its registered office at Nehru Sahakar Bhawan, Bhawani Singh Road, Jaipur represented by its …………………………………… ……………………………………… (hereinafter referred to as the Federation) on One Part and M/s ……………………………………………………………………………………………………………………………………… its registered office at ………………………………………………………………………………………………………………………………… and represented through its partner/director/proprietor Shri …………………………………………………………………… (hereinafter referred to as Firm)(which terms shall wherever the context so requires include their executors, administrators, successors and survivors of the said Firm) of other Part.

1. The period of lease for running Oilmill, Solvent Extraction Plant & Refinery of Bikaner Unit shall be for 3 years and can be extended further for two years with mutual consent on prescribed terms & conditions.

2 The firm shall furnish Bank Guarantee valid for 3 years and thereafter for couple of months and extendable/renewable for another term of 3 years of Rs 10 lac of Nationalized Bank in favour of Federation towards security, power/electricity charges before taking over the possession of any section of Bikaner Unit.

3 The Bank Guarantee against security deposit shall be discharged after 3 months of successful completion of period and after handing over the concerned Unit in working condition and other fixtures and furniture and on submission of "No Dues Certificate" from concerned Electricity Distribution Company PHED, BSNL & Other Departments and clearance of all legal dues. However, suitable amount can be detained by the Federation for liabilities/contingent liabilities, if any, which may arise at a later date.

4 The Firm to whom the tender is awarded shall have to submit 36 cheques of amount equal to three years rent to Tilam Sangh at the time of signing the agreement. The cheques of rent shall be presented on 1st working day of each calendar month in the bank. Therefore, the party is required to keep sufficient funds in the bank for honouring the cheque timely. The successful tenderer shall also have to pay 3 months rent in advance which shall not carry any interest. Amount of advance rent of three months shall be refunded on completion of the lease period or extended lease period as the case may be.

5. Plant & Machineries & Godowns etc. shall be given on lease on “As is where is basis”, list of which is as per Annexure-`C’ of tender document. Canteen Building, Time Office Building, Residential Quarters & Area and Godowns not included in the Annexure-`C’ of tender document shall remain in the exclusive possession of Tilam Sangh. Internal Roads

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and passages shall commonly be used by Tilam Sangh and the Firm to whom the tender is awarded.

6. The minimum period of lease of running Oilmill, Solvent Extraction Plant & Refinery of Bikaner Unit shall be 3 years from the date of execution of agreement which can be extended to 2 years further with mutual consent on prescribed terms & conditions, but Federation reserves right for immediate termination of this agreement in case Federation finds that firm is negligent or making any default or violates any terms of agreement or tries to fraud or collusion.

7. The Integrated Unit premises, machinery, fitting & fixtures etc. provided at the time of handing over shall at all times, remain the property of Tilam Sangh. The detailed list of the same shall be prepared and signed by both organization which will constitute an integral part of main agreement. The firm will not sell, sublet, hire, part with the possession or move the machinery, fitting, fixtures etc. i.e. the property of Tilam Sangh or permit any other person or entity to use the premises, machinery, fixtures etc. and will not assign the benefit of the agreement in any manner whatsoever without the written consent of Tilam Sangh.

8. The firm can invest his money for improvement in the plant or technology through any machinery/equipment. However, this would be carried out only with the written consent of the federation. The machinery/equipment so required to be transferred to Federation on termination of contract period on written down value, but the Federation shall be at liberty to take it or refuse the same.

9. The firm shall hand over the whole unit, plants & godowns to the Federation in good condition with all the storage facilities emptied and cleaned completely. In case of any damage fully/partially of any part/machinery the same shall be replaced by the original part of the machinery free of cost before handing over to the Federation on the expiry of the contract period by firm.

10 Any additions, alteration, construction etc. in the Plant and also in the machinery can be allowed only with the written permission of Tilam Sangh. However, the firm will be responsible for the proper maintenance, safe custody & breakage of the plant & machinery.

11. The Federation shall arrange comprehensive insurance of the buildings and plant and machinery against fire, theft etc. at the firm's cost and expenses. In case of destruction by natural calamity whether wholly or part the FIR, survey and other formalities will be completed by the firm in due time but the claims shall be obtained by the federation.

12. All the maintenance expenses on the running of the Plant shall be borne by the firm only. The Federation shall have the authority to inspect the plant at any moment without permission of firm. During maintenance while replacing the parts it shall be ensured by firm that original/good quality parts are used.

13. All the statutory liabilities/any other liability arising out of activity/actions/non-actions on the part of firm during the period or arising after the expiry of period concerning to the contract period shall be borne by firm. During the currency of contract period all statutory requirements shall be carried out by the firm.

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14. Lawful activity, tress pass, control limit Act, or any other act applicable shall be the liability of the firm.

15. No other business and/ or activity shall be carried out without prior consent of the Federation in the said premises.

16. Complete plant or part thereof cannot be mortgaged/sublet to any other party/institution by the firm.

17. The manpower required for operation and maintenance of Plant shall have to be arranged by the tenderer, to whom the contract is awarded. The firm alone shall be responsible for all kinds of legal liabilities, salaries, PF,ESI, Worksman Compensation Act, ID Act, etc. regarding to persons employed by him or to a person or property which may arise out during contract period.

18. Operational expenses like electricity, water supply, charges for repairs and maintenance of machine, diesel for DG Set used in case of power failure and charges for repairs and maintenance of DG Set etc. shall be borne by the firm.

19. The firm shall deposit promptly the electricity and water supply charges as per bills received from concerned departments. In case of delay/default in payment, the firm shall be responsible for penalty levied and for reconnection charges, if any, charged by concerned department. If any penalty, surcharge further increase from back date for water and electricity etc. (arrear) shall be borne by firm.

20. The expenditure on the repairs & maintenance and electricity charges and all expenses of tube well will have to be borne by the firm.

21. The Federation shall hand over available stores/spare parts to the firm if required at the mutual agreed value of the stores.

22. The expenditure on proper maintenance, repairs and upkeep of the premises including machinery, fitting, fixtures, furnitures etc. will have to be borne by the firm.

23. Machinery shall be operated & maintained by properly trained and qualified staff engaged by the firm. Use of machinery must be done strictly in accordance with the norms prescribed by the supplier of machinery.

24. Firm will furnish its Income Tax Permanent Account Number and VAT/Sales Tax Registration Numbers.

25. The firm will be responsible for payment of all sort of taxes to the Govt. on the goods produced as per relevant rules and regulations applicable from time to time. Responsibility for observing labour laws, separate sales tax, service tax registration and other concerning laws will be of the firm.

26. Tilam Sangh will have the right to carry on inspections of the Plant and premises at any time by his representatives.

27. Tilam Sangh will have right to close the electricity supply on default of payments on the side of the firm or in case of violation of any of

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the terms of agreement, after giving advance notice on 1st default and without any prior notice if default is repeated.

28. The Plant and premises will be given back to Federation immediately on completion of period or earlier as the case may be in good condition. In case anything is found damaged or any changes are made, firm shall be responsible for the same and will have to make good the same.

29. If Tilam Sangh suffers any loss or damages due to firm's action/inaction the firm shall have to compensate and to make and bear expenses for the same.

30. Utmost care will be taken by firm for proper upkeep & maintenance of premises.

31. The firm shall not use federation's goodwill or brand name or name in any manner whatsoever for its trade etc.

32. Any overdue payment by the firm shall attract payment of interest @ 18% per annum from the date its becomes due till the date of actual payment.

33. Any deviation in the terms and conditions of the agreement shall make the firm liable to for cancellation of the agreement, if the firm fails to fulfill its obligations within seven days from the date of receipt of notice given by the Tilam Sangh.

34. That on expiry of specified period of lease, the possession of the plant and premises, shall be deemed to be handed over to the Tilam Sangh, without any further recourse. The firm/party shall not be entitled to claim any loss or compensation from Tilam Sangh if it fails to handover the possession of the plant and premises to the Tilam Sangh on expiry of specified period and in such situation possession is deemed to be taken over by the Tilam Sangh.

35. That if for any reason, the firm/party continues to have its possession on plant and premises even after expiry of the specified period, the Tilam Sangh shall be entitled to charge penalty @ four times of the rent calculated on per day basis over and above the monthly rent prevailing at that time.

36. That if the firm/party fails to handover the plant and premises in the same operative conditions in which it had taken over the possession or makes any default in proper maintenance or upkeep or had caused any damage or loss to the plant and premises, the Tilam Sangh shall be entitled to recover the amount of loss/damage or actual expenses to be incurred to bring the plant and premises in operative and properly maintained condition from the firm/party and/ or to adjust against EMD or by invoking Bank Guarantee.

37. The firm shall have to produce "No Dues Certificate" form Electricity Supply company, PHED, BSNL, etc. before applying for refund of Security Deposit/ Bank Guarantee.

38. The terms & conditions of Tender Document annexed with this agreement is an integral part of this agreement.

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39. The agreement shall be deemed to have concluded in the City of Bikaner and the Court of Bikaner (Rajasthan) shall have jurisdiction.

40. In case of any dispute arises as to the interpretation or operation or effect of any clause or clauses in this deed or as to the breach of any of the conditions of this deed and as to the non-repair, destruction and other alteration of and from property provided and as to pay charges by the firm to federation and to the determination of liabilities of the parties regarding any new tax charges which may be levied hereinafter and not have been provided for in this deed, or any other dispute touching the contents of this deed both the federation and firm shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute arising between them. After 30 days from the commencement of such informal negotiation federation and the firm have been unable to resolve amicably dispute, same shall be referred to the Administrator/Chairman Tilam Sangh,Rajasthan for sole arbitration in accordance with provisions of Arbitration and Conciliation Act, 1996 for adjudication/arbitration and whose decision shall be final and binding on both the parties.

Now, it is hereby agreed and declared by and between the parties hereto as follows :

In witness whereof the parties hereto have set their signature in presence of witness on the date above mentioned.

Signature of …………………………… Signature of Authorised Signatory

on behalf of Firm Tilam Sangh Rajasthan.

Witness :

1.

2.

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Annexure-'C'

RAJASTHAN RAJYA TILHAN UTPADAK SAHAKARI SANGH LTD., NEHRU SAHAKAR BHAWAN, BHAWANI SINGH ROAD, JAIPUR.

DESCRIPTION OF PLANT AND MACHINERY AVAILABLE AT BIKANER UNIT FOR LEASE. S.No. Particulars

1. Administrative Office Building

One

2. a) Tube Well One

b) Overhead Water Tank 150000 Ltr. Capacity – One

c) Ground Water Tank 180 K/L – 1, 400 K/L x 2

d) Water Distribution System, Alum Dozing, Filteration & Clorination Unit.

Available.

3. Weigh Bridge 30 MT (Make- Everlast)

4. Workshop Welding Machine, Drilling Machine, Grinding Machine et. available.

5. D.G. Set 250 KVA x 3 (Make MWM supplied by Greaves Cotton).

6. Fire Fighting System Installed by M/s. SIMCO Co.

7. Boiler 6 MT Cap. – 1 & 4 MT Cap.-1 Make – Thermax

Based on Coal/Husk (Fludised Bed)

8. Laboratory All type of testing related to Seed, Oil and Cake.

9. Filling Machine

a) Jar/ Bottle Filling 1 No. (Make – Mather & Platt)

10. Godowns

a) Raw Material Godown 1 No. (70M x 40 M)

b) Seed Storage Silos 2500 MT x 2 Nos. (Make – Thermax).

c) Cake Godown 1 No. (40 M x 25 M)

d) Store Godown 1 No. (20 M x 10 M)

11. Oil Storage Capacity 200 MT x 2 Nos.

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100 MT x 3 Nos.

50 MT x 5 Nos.

12. Acid Oil Storage Capacity 50 MT x 1 No.

13. Oil Mill Section Cap.- 150 TPD (Mustard & Groundnut Based)

Make – Laxmi Vijay Brass & Iron, Baroda.

14. Filter Press 30” x 30” x 4 Nos. (Every 30 Plates)

15. Solvent Extraction Plant Cap.100 TPD Cake (Make-Mechtech, Delhi)

16. Refinery Plant Cap. 50 TPD Oil (Make-Pennwalt, Mumbai)

17. Filter Press One (24” x 24” 22 Plates)

18. Tanks

a) Crude Oil 5 x 14 MT

b) N.O.T. 1 x 22 MT

c) B.O.T 2 x 22 MT

d) D.O.T. 2 x 22 MT

e) Sulphuric Acid 1 x 20 M3

f) Caustic Lime 1 x 7.5 M3

1 x 2.5 M3

4 x 2 M3

g) Soap Tank 1 x 10 MT

h) Gums Tank 1 x 15 MT

i) Soap Spliting Tank 2 x 6 MT

j) F.R.P.Tank 1 x 6 MT

k) Acid Oil Storage Tank 1 x 15MT