(1) The Government may utilize any online electronic platform which meets the minimum technical and security requirements as specified in the guidelines for compliance to quality requirements of e-procurement systems issued by the Standardization Testing and Quality Certification Directorate, Department of Information Technology, Ministry of Communications and Information Technology, Government of India. For this purpose Government may appoint any agency as service provider for conducting e- auction.
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1. Substituted vide Notification dated 14.03.2018 2. Added vide Notification dated 14.03.2018
3. Deleted vide Notification dated 16.08.2022 17
(2) Mining Engineer or Assistant Mining Engineer concerned shall provide the details of mineral blocks to be auctioned along with particulars of area classified into 4[forests land and government land], terms and conditions to the Directorate, Department of Mines and Geology, Udaipur for conducting e-auction.
(3) A centralized bidding cell at Directorate shall publish notice inviting bid for e-auction in two daily news papers, at least one of which is state level having circulation of fifty thousand copies and above and other having wide publicity in the area where lease or licence is being granted. The notice inviting bid shall also be compulsorily displayed on the notice boards of the Directorate and office of the Mining Engineer or Assistant Mining Engineer concerned. The notice inviting bid shall be published at least 1[fifteen days] before the date fixed for submission of the bid and shall upload particulars, terms and conditions on the web portal of the department and agency appointed by the Government. The period of 1[fifteen days] shall be counted from the publication of the notice inviting bid on the departmental website or on the website of the agency appointed for auction, whichever earlier. The registered bidders shall also be intimated by the authorized agency through e-mail.
2[(4) Notice inviting bid shall contain brief particulars regarding the area under auction, including, particulars of area classified into forests land and government land 4[forests land and government land. In case where pre-embedded clearances has been obtained, information about such clearances shall be specifically mentioned in the notice inviting bid].]
(5) Intending bidders shall get registered with the agency appointed for auction as prospective bidder for participating in e-auction. The registration shall always open for all prospective bidders to get registered with the e-auction service provider and shall be one time. After registration, prospective bidder shall be eligible for participating in e-auction conducted by the department for grant of mineral concession and contracts.
(6) Bidders shall carefully read guidelines mentioned in rule 15 before submitting bids.
(7) The Government, its employees and advisers make no representation or warranty and shall have no liability to any person, including any bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expenses which may arise from or be incurred or suffered on account of any information or data or arising in any way from participation in the auction process.
1[(8) The ascending forward online electronic auction shall be held in the following manner, namely:-
(i) The prospective bidders shall deposit bid security as per rule 18 and a non-refundable application fee of 2[rupees ten thousand] as per time and date mentioned in notice inviting bid to the agency authorized for conducting e-auction through RTGS/NEFT/ NET-BANKING:
Provided that the prospective bidder may deposit a lumpsum amount in advance and from such amount, application fee and bid security of the plot for which he intends to bid, shall be deducted. The bidder may participate in as many auctions as per deposited amount.;
(ii) The prospective bidders shall submit their price offer on the electronic platform exclusive of all taxes and duties, which shall not be less than the reserve price. The bidder will have the sole responsibility to make payment of all the applicable taxes and duties to the authorities concerned directly and produce the proof of the same to the department:
Provided that the price offer may be revised till the conclusion of the e-auction as per notice inviting bid.;
(iii) The date, time and period of e-auction shall be as per the schedule mentioned in notice inviting bid. However the closing time of e-auction shall be automatically extended in the event a bid is received during the last eight minutes before the scheduled closing time of electronic auction. The closing time of electronic auction will be automatically __________________________________________________________________________________
1. Substituted vide Notification dated 14.03.2018 2. Substituted vide Notification dated 16.08.2022
3. Substituted vide Notification dated 16.08.2022 4. Substituted vide Notification dated 03.01.2025 18 extended by eight minutes from the last received bid time to give equal opportunity to all other qualified bidders. This process of auto extension will continue till the last highest bid remains unimproved for a period of eight minutes;
(iv) The successful bidder shall be decided by the system solely on the basis of highest bid submitted by the bidders. No negotiation shall be conducted with any bidder;
(v) On close of e-auction, the highest bidder shall be declared as successful bidder and thereafter bid sheet indicating the name of the successful bidder and bid price etc. shall be made available by the agency through e-mail within twenty four hours. The bid sheet may be downloaded through Management Information System (MIS) reports:
3[Provided that where total number of bidders is less than two, the bidder shall not be declared as successful bidder and auction process shall be annulled.
Provided further that if in the second attempt of auction, total number of bidders continues to be less than two, 4[then the such single bidder] shall be declared as successful bidder.;]
(vi) If area auctioned contains 1[khatedari land, upon conclusion of e-auction, the Mining Engineer or Assistant Mining Engineer concerned shall issue a notice, within seven days, to the khatedar] seeking written confirmation of their willingness to exercise the right of first refusal:
5[Provided that above provision shall be applicable only for the plots auctioned before the commencement of the Rajasthan Minor Mineral Concession (Second Amendment) Rules, 2022.]
(vii) The notice given under clause (vi) shall be acknowledged by the 1[khatedar] and who shall, within a period of thirty days of receipt of notice, exercise the right of first refusal in writing to the Mining Engineer or Assistant Mining Engineer concerned, failing which it shall be construed that the 1[khatedar] is not desirous of exercising the right of first refusal 6[; and]
(viii) If the 1[khatedar] exercises the right of first refusal, matches the highest offer price and deposits all other applicable payments, the 1[khatedar] shall be deemed to be the successful bidder and shall be entitled to a mining lease in the manner provided in these rules. In such case, bid security paid by the highest bidder shall be refunded:
Provided that where 1[khatedars] do not exercise the right of first refusal, the highest bidder shall be declared as successful bidder 6[.]
7[(ix) The bid security of the successful bidder, if not forfeited or adjusted under these rules, shall be refunded by the agency appointed for auction.]]
(9) Bid submitted by the bidders shall be valid for ninety days. A bid valid for shorter period may be considered as non responsive. Prior to the expiry of the period of validity of bids, the Director, in exceptional circumstances, may request the bidders to extend the bid validity period for an additional specified period of time. A bidder may refuse the request and such refusal shall be treated as withdrawal of bid but in such circumstances bid security deposited shall not be forfeited.
2[(10) After declaration of successful bidder, the successful bidder shall submit the following documents alongwith first installment being forty percent of offered premium amount to the Mining Engineer or Assistant Mining Engineer concerned within fifteen days of completion of e-auction:-
(i) Affidavit regarding no-dues of the department;
(ii) A no-dues certificate from the Mining Engineer or Assistant Mining Engineer concerned where the bidder holds or had held mineral concession or royalty collection contract or excess royalty collection contract:
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1. Substituted vide Notification dated 25.06.2018 2. Added vide Notification dated 14.03.2018
3. Substituted vide Notification dated 19.07.2021 4. Substituted vide Notification dated 13.09.2021
5. Added vide Notification dated 16.08.2022 6. Substituted vide Notification dated 16.08.2022
7. Substituted vide Notification dated 03.01.2025 19
Provided that affidavit and no-dues certificate in case of firm, company or association of persons have to be submitted by all the partners, directors or persons, as the case may be.
(iii) Memorandum of Association and Articles of Association, certificate of incorporation in case bidder is a company or partnership deed and firm registration certificate in case bidder is a firm, as the case may be;
(iv) Power of attorney in format as specified in Form 4 or resolution of board of directors in favour of person submitting bid in case of a firm or company, as the case may be;
(v) A copy of 4[PAN card or GSTIN];
(vi) A copy of address proof; and
(vii) E-mail address and mobile number:]
5[Provided that if the successful bidder fails to comply with the above mentioned provisions, the stipulated time period of fifteen days shall be deemed to have been extended for further fifteen days, subject to an additional payment of ten percent of the offered bid amount.]
2[(11) If successful bidder fails to comply the provisions of sub-rule (10), bid security deposited shall be forfeited and shall be de-barred for five years in participating in 3[further e-auction]. In such a case, fresh e-auction shall be conducted.]
2[(12) Bid security of unsuccessful bidders shall be refunded by the agency conducting auction soon after the completion of auction, latest by next working day.]
1[(13) The Director after recording reasons in writing may debar the bidder for participating in e-auction due to any of the following reasons, namely:-
(i) where the successful bidder does not deposits installment/s of offered premium amount, security deposit, performance security, dead rent or annual licence fee of the mineral concession or fails to execute mining lease;
(ii) where the bidder is found to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the auction process, or after the grant or execution of the mineral concession and there are sufficient reasons to believe that the bidder or his employee has been guilty of malpractices such as bribery, corruption, fraud, vitiating fair auction process;
(iii) where the bidder or his partner or his representative is found guilty of misbehaviour with any officer or official of the Government connected with the mineral concession directly or indirectly; and
(iv) where the bidder or his partner or his representative has been convicted by a court of law for offence involving moral turpitude arising out of the auction of mineral concession.
(14) The Director after debarring the bidder may blacklist the bidder for participating in future auctions for a period of five years after giving him a fifteen day’s notice.]