(1) Tendu leaves purchased or likely to be purchased from persons mentioned in sub-clauses (iii), (iv), (v), and (vi) of clause (d) of Section 2 and collected or likely to be collected from land of the State Government or the land, for the time being vested in and held by a Gaon Sabha and other local authority, by the State Government or by its officer or agent shall ordinarily be sold or otherwise disposed off by tender on such terms and conditions as are specified in the tender notice issued by the State Government and in the tender form.
7 [(2) The tender notice shall be advertised in newspaper and in such other manner as the State Government may deem fit inviting sealed tenders from persons registered under sub-section (2) of Section 9 of the Act and desirous of purchasing tendu leaves on the terms and conditions specified in the aforesaid tender notice and form of tender.
(3) The tender Form (Form 'N' or Form 'S' as the case may be) shall be available from the officer of the Divisional Forest Officer of the territorial division on payment of Rs. 25 for each form].
(4) Unless otherwise specified there shall be separate tender for each unit and every tender must be submitted to such authority and in such manner and on such date as may be specified in the tender notice.
8 [(5) Every tender shall be accompanied by the treasury challan showing each deposit under the head "Revenue Deposit" or a demand draft in favour of Conservator of Forests/Divisional Forest Officer concerned or any branch of State Bank of India or nationalised bank, equal to an amount specified in the tender notice to be deposited as earnest money. Treasury challan for making revenue deposit may be obtained from the Divisional Forest Officer concerned].
6- Ins. By Noti. Pub. In 1980 LLT-V84 8- Subs. By Noti. No. 1908/XIV-2-70-72 dated 4-4-1972 (1972 LLT-V-190) 7- Subs by Noti. Pub. In 1980 LLT-V-84
(6) The State Government may accept or reject all or any of the tenders so received without assigning any reason therefor. Earnest money deposited shall, in case of an unsuccessful tenderer, be refunded to him, and in case of a successful tender, it shall, subject to the provisions of sub-rule
(10) be adjusted towards the deposit of security required by sub-rule (11).
(7) If the tenders received for a unit is not considered acceptable, the State Government may appoint as purchaser for such unit any person on such terms and conditions as may be mutually agreed, and such appointment need not be limited to persons who have submitted tenders for such unit. All the rules applicable to a successful tenderer shall apply mutatis mutandis to person appointed as purchaser under this sub-rule.
(8) Notwithstanding anything contained in the foregoing provisions the State Government may sell or otherwise dispose of tendu leaves collected or likely to be collected by it or by its officers or agents by auction on such terms and conditions as may be decided by it.
(9) The successful tenderer or successful bidder, as the case may be, shall be appointed as purchaser for the particular unit and the entire quantity of tendu leaves collected or likely to be collected from such unit or such lesser quantity out of it, as may be offered to him by the State Government, its officer or agent in such unit, shall be purchased by him in such manner and on such terms and conditions as may be specified in the agreement to be executed by such purchaser under sub-rule
(10).
9 [(10) The purchaser on being so appointed shall execute an agreement in Form 'M' or Form 'R' as the case may be, within 15 days of the receipt of the order of appointment, failing which the appointment shall be liable to be cancelled and on such cancellation, the amount deposited as earnest money shall be forfeited. In adding, the purchaser whose appointment has been cancelled shall bear the loss, if any, suffered by the State Government in the disposal of tendu leaves of the unit and his loss be recoverable from him or his surety as arrears to land revenue.]
(11) (i) Immediately after opening of the tenders or completion of the bids, as the case may be, the successful tenderer/bidder shall furnish a security not less than 30% of the tendered/bid amount and then the Divisional Forest Officer will recommend him for appointment as purchaser to the Conservator of Forests who shall consider the recommendation and pass final orders. Any amount earlier deposited by such tenderer/bidder as earnest money or otherwise shall be adjusted against the security.
(ii) The security deposit shall be in the shape of revenue deposit in cash or Post Office Cash Certificate, National Savings Certificate, 10 Years Treasury Saving Deposit Certificate or 12-Years National Savings Defence Certificate at surrender value or in other form of Government security recognised for the purpose of Small Savings Scheme pledged to the Divisional Forest Officer concerned.
(iii) The security deposit, either wholly or in part, as the case may be shall be adjusted by the Divisional Forest Officer towards the amount if any, recoverable from the purchaser under the provisions of the agreement, rules and the Ordinance and all such deductions shall have to be made good by the purchaser by the deposit of an equivalent amount within 15 days of the receipt of the notice to that effect.
9- Subs. By Noti. Pub. In 1980 LLT-V-84
(iv) If the dues to be recovered from the purchaser exceed the amount of the security deposit, the amount in excess, shall, unless made good within 15 days from the date of receipt of Divisional Forest Officer's notice to that effect, be recoverable as arrears of land revenue.
(v) The security deposit or the balance, as the case may be, shall be refunded to the purchaser after the expiry of the agreement.
(vi) In addition to the security deposit mentioned above, the purchaser shall furnish a surety bond to the extent of four times of the cash security deposit as above.
(12) The purchaser shall take delivery of tendu leaves at the collection centre or at such other place as are specified in the purchaser's agreement or are limited by the Divisional Forest Officer in writing from time to time during the currency of the purchaser's agreement.
10 [(13) The purchaser, if he desires to consume leaves within the forest division and/or removes the leaves delivered to him outside the forest division immediately or at any time before the 10th June, shall at the time of delivery pay the purchase-price in full for the quantity of leaves delivered to him, calculated at the rate specified in the purchaser's agreement. If the purchaser agrees in writing to keep the delivery of leaves, within the forest division under his supervision and risk but under the custody and control of the Divisional Forest Officer, he may, at the time of delivery of leaves pay only such part of the purchase price of the delivered leaves as may be specified in the purchaser's agreement. The balance of the purchase-price may be paid in instalments on dates specified in the purchaser's agreement or on any earlier date before the leaves or removed outside the forest division or are delivered to be consumed within the forest division. In no case the purchaser shall be allowed to remove all the leaves unless full price in respect thereof has been paid].
(14) The purchaser shall maintain such account and submit periodical returns on such dates as may be specified in the agreement.
(15) The purchaser shall furnish a list of persons employed by him within the unit and all such persons as are objected to by the Divisional Forest Officer shall be removed from employment by the purchaser.
11 [(16) The Conservator of Forests may, if he is satisfied that the purchaser on account of sufficient and sound reasons is unable to carry on the work, transfer the contract at the request of the original purchaser to a new purchaser who will execute a fresh agreement in the Form 'R' and deposit a fresh security which will be equal to double the amount of security deposited by the original purchaser],