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GOVERNMENT OF MAHARASHTRA REVE NUE AND FO REST DE PART ME NT O FFI CE O F THE PRINCI PAL CHI E F CONSE RVATO R O F FO RESTS (HEAD O F FORES T FORCE ) MAH ARASHTRA ST ATE, NAGPUR TENDER NOTICE INVITING OFFERS FOR PERMISSION TO COLLECT AND REMOVE TENDU LEAVES FOR 2012 SEASON ( 3rd Round) No. Desk 20(2)/ CR-18 / 1789 / of 2011-12, Nagpur, Dated 31/03/2012

Sealed offers in the prescribed form, are invited for and on behalf of the Governor of Maharashtra State, by the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur, from intending Licensees having Income Tax Permanent Account Number who are registered as manufacturers of "BIDIS" and/or exporters of Tendu (Diospyros melanoxylon Roxb) leaves, as required by Maharashtra Forest Produce (Regulation of Trade) Act 1969 (LVII of 1969) (hereinafter referred to as “the said Act”), and/or Maharashtra Forest Produce (Regulation of Trade in Tendu Leaves) Rules 1969 (hereinafter referred to as “the said Rules”), for having the permission to collect and remove Tendu leaves during the period ending on the 31 December, 2012 from various units constituted under section 3 of the said Act, details whereof have been notified under Government Notification, Revenue and Forest Department No. MFP-2182/240911/F-1, dated the 19th November 1983, published in Government Gazette, Part IV-B, dated 1st December 1983 and Government Corrigendum Revenue and Forests Department No. MFP-2192/CR-1/F-1 dated 13th January 1992, published in Government Gazette, Part IV-B, dated 16th January 1992 and Government corrigendum, Revenue & Forest Department No. MFP-2198/CR-23/F-1 dated 2nd April 1998, published in Government Gazette Part IV-B dated 3rd April 1998, Government Corrigendum Revenue & Forests Department No. MFP 2109/CR 127/F-1, dated 31st January 2011, Offers are invited only in respect of units/group of units specified in the list hereunder written. The maps and other details of various units/group of units can be seen in the office of the Deputy Conservator of Forests/Sub-Divisional Forest Officer of independent subdivision concerned during office hours on working days. Before submitting the offer the intending offerers are advised that they should inspect personally the unit/group of units for which offers are submitted and satisfy themselves regarding the boundary/boundaries of the unit/group of units and the villages included in them as shown in the map and if they require any information or details thereof, they may contact the concerned Deputy Conservator of Forests or the Chief Conservator of Forests (Territorial) or the office of the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur during office hours on any working day. After submission of the offer, no complaint of whatsoever nature shall be entertained by the Government. The Form of offer, Terms and Conditions of Offer, Terms and Conditions of Contract and the Form of Agreement to be executed by the offerer whose offer is accepted by the Government are appended hereto. The same will also be available in the Office of the Deputy Conservator of Forests/SubDivisional Forest Officer concerned on all working days, during office hours. The Form of offer will be available on Dt. 02/04/2012 on working day during office hours, on payment of Rs. 200 (non-refundable) either in cash or by a demand draft in the name of Deputy Conservator of Forests/ Sub-Divisional Forest Officer of independent sub-division concerned. Unless, otherwise specified in the said List of Units given hereunder, there shall be a separate offer for each unit or specified group of units and only one offer will be submitted by a person or a party for a particular unit or specified group of units. In the event of submission of two or more offers for different amounts for a particular unit or a specified group of units by one and the same person or party, only the offer of the highest amount will be considered as a valid offer.

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The right to accept or reject any offer without assigning any reason there for is reserved. The offerer whose offer is accepted by the Government, shall also be bound to pay for the Tendu leaves which may be offered to him for sale by growers, if any, other than the Government in the concerned unit/ group of units at the price that may be fixed by the Government and take delivery thereof at such place and in such manner as may be directed from time to time by the Deputy Conservator of Forests concerned. In this respect such offerer shall be deemed to be an agent of the Government, for the concerned unit/group of units, appointed under the said Act and the said Rules.

Note : Only one offer is to be submitted by a person or a party for a particular unit or specified group of units (g.o.u.) indicated in column 4, 5 and 6 of the list of 461 units/ group of units (658 units) given below. LIST OF 461 UNITS/GROUPS OF UNITS/(g.o.u.)(658 units) FOR WHICH OFFERS ARE INVITED Notified Group yield Division/ Number & Name of of (approxiCircle independent Range unit units mate) in Sub-Division No. standard bags 1 2 3 4 5 6 1(i) Gadchiroli

Gadchiroli

Gadchiroli

1 Gadchiroli

600

2 Gurwada

1350

3 Maroda

1900

4 Sawela

700

Kunghada

5 Navegaon

2000 900

Potegaon

6 Murmuri 7 Muranda 8 Kadsi 9 Potegaon

Chatgaon

Pendhari

I

1000 1640

10 Marda

850

11 Pustola

950

12 Murgaon

2000

13 Amirza

1900

14 Chatgaon

1550

15 Mahawada

1250

16 Karwafa 17 Zari 18 Godalwahi

1400 1000 1500

19 Gumdi

3100

20 Pathargota

1450

21 Chimrikal

2600

22 Pendhari

2000

23 Zadapapda

1450

24 Samalpur

1600

3 1 Gadchiroli

2 Gadchiroli

4

3 North Dhanora

South Dhanora

West Murmgaon

East Murmgaon

5

25 Rangi

2250

26 Moharli

3200

27 Chicholi

1300

28 Muska

1900

29 Dhudhmala

1000

30 Dhanora

2300

31 Tode

1400

32 Darachi

1000

33 Yerkad

1600

34 Sursundi

1100

35 Ambezari

500

36 Marma

600

37 Pannemara

2300

38 Murumgaon

2900

39 Sawargaon

1950

40 Katezari

1150

41 Gyarapatti

700

1(i) Total of Gadchiroli division : 40 units/g.o.u.(39 units & 1 group of 2 units) 1 Porla 1(ii) Gadchiroli Wadsa Porla I 2 Maregaon Porla Armori

Wadsa

3 Sirsee 6 Wasala 4 Koregaon

Delanwadi

Purada

Malewada

II

61840 1500 1600 1500

5 Wairagad

1700

7 Armori

1200

8 Sawalkheda 9 Bhagwanpur 10 Vihirgaon

1500

11 Amgaon 12 Rawanwadi 13 Shankarpur Kurkheda

6

14 Gewardha 15 Kurkheda 17 Jambhudkheda 16 Charbhatti

III

1600

IV

1700 850

V

1300 900

18 Gothangaon

1750

19 Delanwadi

1800

20 Angara

2600

21 Sonsari

2000

22 Purada

2300

23 Dadapur 24 Kohka 25 Ranwahi

VI

2500 1200

4 1 Gadchiroli

2 Wadsa

4

3 Malewada

Bedgaon

5

26 Malewada

2400

27 Khobramenda

700

28 Yedaskuhi 29 Godari 30 Kotgul

700

31 Temli 33 Kalapani 32 Bedgaon

VII

2000

VIII

900 2700

34 Betkathi

1800

35 Markekasa

1000

36 Maseli 37 Navezari 38 Padiyaljog

1500 IX

1(ii) Total of Wadsa division : 28 units/g.o.u.(19 units & 9 groups of 19 units) 1(iii) Gadchiroli

Allapalli

Ghot

1 Vegnur 2 Garanji 3 Regdi

Markhanda

44300 I

1350 1600 1400

5 Deoda 6 Gatta 7 Ambela

1000 II

1800

III

3300 3400

11 Matteguda

1700

12 Jangam

1500

13 Amgaon

1400

14 Karkapalli

1100

15 Chamorshi

1200

16 Jamgiri 17 Bhendala 18 Haldi 19 Saganapur

900 IV

1200 2300

20 Jairampur 21 Konsari 22 Gundapalli 23 Chandankhedi

Aheri

1100

4 Bolepalli

8 Potepalli 9 Makkepalli 10 Ghot Chamorshi

6

1100 V

4500

24 Adpalli

2000

25 Rengewahi

1500

26 Koparali 27 Lagam 28 Bori 29 Eelgur

3300

30 Yetlacheru

VI

3300 2100 2000

5 1 Gadchiroli

2 Allapalli

4

3 Aheri

Pediguddam

Allapalli

Pirmili

5

6

31 Rampur

1150

32 Aheri 33 Indaram 34 Mosam

2100

35 Barsewada 37 Mukdi 36 Mulchera

VII

2300

VIII

1400 3300

38 Moharli

3200

39 Gomni

2750

40 Eelchil

2000

41 Allapalli 42 Talwada 43 Zamela

IX

1800

44 Vedampalli

1300

45 Medpalli

1900

46 Pirmili

2300

47 Yerminar

1450

48 Udera

2300

49 Bidri

2600

50 Kandoli 51 Marpalli 52 Dumme

1800 X

2700

1(iii) Total of Allapalli division : 40 units/g.o.u.(30 units & 10 groups of 22 units)

81300

1(iv) Gadchiroli

Bhamragarh

Kasansur

Etapalli

Gatta

1 Paidi

1300

2 Gaderi

1300

3 Koindul

1750

4 Reknar

1300

5 Karkakhurd

1000

6 Ghotsur

3800

7 Jarawandi

1400

8 Jambhulgatta

1200

9 Sohgaon

1400

10 Etapalli

1300

11 Jivangatta

3300

12 Geda

1700

13 Ekansur

1400

14 Halewara

2600

15 Kornar

2000

16 Adange

2600

17 Surjagad

1200

18 Parsalgondi

2000

19 Mendhari

3600

20 Tadiguda

1800

6 1 Gadchiroli

2 Bhamragarh

3 Gatta Tadgaon

Bhamragarh

4

5

21 Kiyer

1750

22 Zarewada 23 Mannerajaram 24 Marampalli 25 Kudkeli 26 Tadgaon 27 Hemalkasa

1400

28 Bhamragarh 29 Lashkar 30 Laheri 31 Dhodraj

I

Sironcha

Pranhita

Kamlapur

Gimalagtta

1 Devalmari 2 Gudiguddam 3 Venkatapur 4 Rajaram 5 Chhalewada 6 Korepalli 7 Kodsepalli

II

III

2800

I

2100 1400 2400

II

2400 1100

9 Tonder 10 Kamlapur 11 Kolamarka

1800

12 Regulwahi 13 Timram 14 Karancha

III

1900

IV

1800 1400

V

2800

20 Kistapur

1950

21 Dechali

2100

24 Moyabinpetha 25 Ramnnapetha 26 Rompalli

VI

2300

VII

2300 1600

27 Bamani

Jinganur

55850

1500

22 Petha 23 Kalled

Sironcha

1300

8 Mandra

16 Raspalli 17 Govindgaon 18 Gundera 19 Jimalgatta

Bamani

4050 2200

15 Umanur

Dechli

2700 1700

1(iv) Total of Bhamragarh division : 28 units/g.o.u.(25 units & 3 groups of 6 units) 1(v) Gadchiroli

6

3900

28 Karaspalli

2000

29 Sironcha

1200

30 Pendipaka 31 Wardham 32 Sirkonda

VIII

1600 1400

7 1 1(v) Gadchiroli

2

4

3

5

Sironcha Jinganur

33 Jinganur

2800

Asaralli

34 Kopela

2000

35 Asaralli 36 Ankisa

IX

1(v) Total of Sironcha division : 24 units/g.o.u.(15 units & 9 groups of 21 units) 1 Grand Total of Gadchiroli Circle : 160 units/g.o.u.(128 units & 32 groups of 70 units) 2(i) Chandrapur

Chandrapur

Palasgaon

4700 50450 293740

1 Palasagon

1400

Shioni

2 Shioni

1800

Mul

3 Maroda

1000

4 Janala

2400

5 Mul

1300

6 Dongerhaldi

1000

7 Kelzar

1200

8 Mahadwadi

1600

9 Chichpalli

1500

10 Chandrapur

2600

Chichpalli

Chandrapur

Moharli Bhadrawati

Warora

2(ii)Chandrapur

6

11 Ghantachouki

2800

12 Warwat

2600

13 Padmapur

1000

14 Agerzari

1500

15 Bhadrawati

2000

16 Chora

2000

17 Masal

3000

18 Warora

1100

19 Shegaon

1800

2(i) Total of Chandrapur Division : 19 units

33600

Bramhapuri

1 Khandala

1300

2 Bothali

1600

3 Murpar

1300

Chimur

Talodhi

4 Gardapar

1100

5 Bhisi

2500

6 Tekepar

1300

7 Chimur

1600

8 Metepar

1700

9 Shankarpur

1300

10 Wadhona

1400

11 Balapur

1000

12 Neri

1500

13 Khambala

1200

14 Govindapur

1000

8 1 2(ii)Chandrapur

2 Bramhapuri

4

3 Nagbhid

North Bramhapuri

South Bramhapuri

South Bramhapuri Sindewahi

Saoli

Central Chanda

Kothari

Dhaba

Ballarshah

6

15 Mindhala

900

16 Dongargaon

2100

17 Paharni

2200

18 Nagbhid

1200

19 Bramhapuri

1400

20 Talodhi

2000

21 Navegaon

700

22 Bhuj Tukum

1000

23 Ekara

1700

24 Chak Kosambi

1100

25 Kargata

1200

26 Sindewahi

1100

27 Maregaon

1300

28 Ratnapur

1800

29 Jankapur

1200

30 Gevra

1000

31 Chargaon

500

32 Saoli

900

33 Rajoli

700

34 Vyahad

700

35 Kapsi

600

36 Shirshi

600

2(ii) Total of Bramhapuri Division : 36 units 2(iii)Chandrapur

5

45700

1 Bembal

1000

2 Ghosari 3 Dighori

1300 700

4 Pombhurna

1000

5 Kemara

1200

6 Kothari

2900

7 Aksapur

2000

8 Gondpipri

1200

9 Dhaba

1700

10 Gujri

1800

11 Tohogaon

1700

12 Ballarpur

1800

13 Kalmna

900

14 Palasgaon

1400

15 Manora

1600

9 1 Chandrapur

2

3

Central Chanda

Rajura

Wirur

Wansadi

Jiwati

4

5

6

16 Khambada

1600

17 Rajura

1700

18 Vihirgaon

2200

19 Wirur

1700

20 Lakkadkot

1000

21 Dewada

1900

22Chandur

900

23 Wansadi

700

24 Pardi

1100

25 Jiwati

2000

26 Wani

1400

2(iii) Total of Central Chanda Division : 26 units

38400

2 Grand Total of Chandrapur Circle : 81 units

117700

3(i) Nagpur

Gondia

Gondia

1 Mundipar 2 Dasgaon 3 Gondia 4 Gangazari

I

1100

5 Goregaon 6 Hirapur 7 Pindkepar

II

1200

8 Ghoomarra 9 Nimba

III

600

Amgaon

10 Amgaon 11 Anjora

IV

600

Salekasa

12 Salekasa

Goregaon

North Deori

South Deori

1700

13Darekasa -1, 14 Darekasa -2

V

2000

15 Bijepar 16 Sakhari tola 17 Managarh

VI

1500

18 Deori 19 Sherpar

VII

1000

20 Bhagi 21 Mulla

VIII

2400

22 Sawali 23 Purada

IX

1500

24 Kosabi

1400

25 Kanhalgaon 26 Parsodi

X

1300

27 Mhaisuli 28 Palasgaon 29 Bonde

XI

1800

10 1 Nagpur

2 Gondia

4

5

6

30 Soundad 31 Kohmara

XII

2700

32 Dongargaon 36 Shenda

XIII

1300

33 Jambhadi 35 Rengepar

XIV

1600

3 Sadak Arjuni

34 Kosamtondi Chichgarh

1900

38 Kakodi 39 Wadekasa

XV

2400

37 Chichgarh 41 Piparkhari

XVI

1600

40 Kadikasa Chichagarh Gothangaon

Nawegaon bandh

2800

42 Magardoh 43 Palandur

XVII

1300

44 Gothangaon 48 Keshori

XVIII

2400

45 Tirkhuri-1, 46 Tirkhuri-2, 47 Rajoli

XIX

1900

49 Nawegaon bandh 50 Bortekari 52 Kawatha 53 Pawani

XX

1500

51 Barabhati Arjuni Mor.

Tirora

2500

54 Arjuni mor 55 Bondgaon

XXI

2000

56 Dhabetekadi 57 Wadegaon 58 Mahagaon

XXII

1400

59 Tiroda 60 Wadegaon

XXIII

900

61 Indora, 62 Govindtola

XXIV

1000

3(i) Total of Gondia division : 29 units/g.o.u.(5 units & 24 groups of 57 units) 3(ii) Nagpur

Bhandara

Jambkandri

Lende-zari Nakadongari

1 Mangarli 3 Jamb 2 Sor na

47300 I

900 1200

4 Rongha

2000

5 Alesur 6 Ambagad 7 Asolpani

900

8 Chikhala

II

1100 1200

11

1 Nagpur

2 Bhandara

3 Tumsar

Lakhani

4 9 Sondya 10 Sonegaon 11 Sakhadi 12 Tumsar 13 Kisanpur 14 Kardi

Bhandara

III

1700

1400

19 Nilagondi

1500 V

24 Walmazari 25 Pathari 26 Sendurwafa

Sakoli

6

18 Rampuri 20 Umarzari 21 Chandori 22 Parsodi 23 Lakhani

Sakoli

5

27 Gondumari 28 Chargaon 29 Sangadi 30 Chandrapur 31 Khoka 32 Dongardeo 33 Pandharabodi

500 VI

1700

VII

900 1200

VIII

34 Dodmazari

Adyal

Paoni

Lakhandur

950

800

600

35 Baghbodi 36 Madgi 37 Manegaon

IX

2100

38 Purkabodi 39 Rengoda 40 Tirri

X

1100

41 Kitadi 42 Adyal 43 Kondha 44 Paoni

XI

45 Nishti 46 Bhuyar 47 Dhanori

XII

3000

48 Kanhalgaon 49 Sawarla

XIII

2000

50 Dighori 51 Pardi

XIV

1200

XV

1700

52 Pimpalgaon 53 Jaitpur

1200 1800 2600

3(ii) Total of Bhandara division : 25 units/g.o.u.(11 units & 14 groups of 39 units)

35250

12 1 3(iii) Nagpur

2 Nagpur

4

3 Deolapar

Ramtek

Parshioni

Khapa

Kalmeshwar

Narkhed

Katol Kondhali

Hingna

Butibori

6

1 Karwahi

900

2 Chhawari

1400

3 Goreghat 4 Deolapar 5 Jhinjariya Paoni

5

I

800 1000

6 Chorbaoli

600

7 Sawangi 8 Hivara 9 Akola 10 Tangala

II

3300

11 Chichada 12 Musewadi

III

1000

13 Ramtek 14 Khindsi

IV

1000

15 Adegaon 16 Mouda

V

700

17 Naikund 18 Ghuksi

VI

800

19 Parshioni 20 Kusumdhara

VII

1200

21 Chargaon 22 Kolitmara

VIII

1200

23 Dhawalapur

600

24 Kothurna

300

25 Nagalwadi

1200

26 Khubala

1200

27 Kelod

700

28 Saoner 29 Kalmeshwar 30 Bazargaon

IX

1300

31 Narkhed 32 Mendhala 33 Loharisaonga

X

1500

34 Rohana 35 Katol

XI

1700

36 Ganeshpur 37 Ahmadnagar 38 Ghubadi

XII

1500

XIII

1500

39 Kawadas 41 Hingna 40 Kanholi 42 Bori 43 Borkhedi

500 XIV

1000

13

1 3(iii) Nagpur

2 Nagpur

4

3 Butibori North Umred

South Umred

Bhiwapur

Kuhi

44 Amghat 45 Surabardi 46 Lohara

5

6

XV

700 600

47 Umrer

900

48 Champa

1000

49 Nand 50 Besur 51 Botezari

1300

52 Mendha 53 Bhiwapur 54 Pullar 55 Navegaon 56 Karandla

XVI

2000

XVII

2300 1800

XVIII

3200

57 Kuhi 58 Amti

XIX

2200

59 Veltur 60 Pachkhedi

XX

3500

XXI

3300

61 Marupar 62 Thana 63 Chikna

1600

64 Mandhal 3(ii) Total of Nagpur division : 38 units/g.o.u.(17 units & 21 groups of 47 units) 3(iv) Nagpur

Wardha

Ashti Talegaon (SP)

Karanja

Arvi

1700 53000

1- Satarpur 2-Manikwada

I

1100

3- Pardi 4- Talegaon (old Ashti)

II

1300

5-Karanja 6-Garpit

III

2000

7-Jaurwada 8-Dhanoli

IV

1100

9-Arvi 10- Wadhona, 11-Rohana

V

1000

12-Ajangaon Kharangana Hingani Samudrapur Wardha

600

13-Masod, 14-Kharangana 15-Zadshi 17-Kelzar 18-Girad 19-Hinganghat 20-Wardha

VI

1200

VII

1200 1200

VIII

600

3(iv) Total of Wardha division : 10 units/g.o.u.(2 units & 8 groups of 17 units)

11300

3 Total of Nagpur Circle : 102 units/g.o.u.(35 units & 67 groups of 160 units)

146850

14 1

2

3

4(i) Yavatmal

Pandharkawda

Wani

4 1-Mardi 2-Mandar

5

6

I

2000

3- Maregaon

Mukutban

1000

4 Shirpur 5 Shindoli

II

1800

6 Mohada 7 Mukutban

III

1600

8 Pawanar

Bori

Pandharkawda

Umari

9 Jamni 10 Matharjun

IV

1200

11Karegaon 12 Bori 13 Sunna

V

600

14Ghonsa 15 Pachpore

VI

1800

16 Mangurda 17 Pandharkawada

VII

1900

18 Ghoddara 19 Tiwasala

VIII

2600

IX

2700

20 Wadki 21Mohada Parva

1000

22 Jamb 23 Saithkharda 24Chikalwardha

800 X

4(i) Total of Pandharkawda division : 13 units/g.o.u.(3 units & 10 groups of 21 units) 4(ii) Yavatmal

Pusad

3300 22300

Umarkhed

3 Jewali

Mahagaon

4 Phulsawangi 5 Mahagaon (S)

I

2000

6 Mahagaon (N) 7 Kali

II

2600

8 Krishnapur 9 Umarkhed 10Mudana

III

2700

11 Shilona 12 Shembalpimpri

IV

3300

13 Fulwadi (W) 14 Fulwadi (E)

V

2000

15 Pusad 16 Chondi

VI

1800

Umarkhed

Shembalpimpri

Pusad

300

15

1 4(ii) Yavatmal

2 Pusad

3 Pusad

4

5

6

17 Khandala 18 Marwadi Panhala

VII

3000

Digras

19 Dehani 20 Digras-Singad VIII Arambhi Kali 4(ii) Total of Pusad division : 9 units/g.o.u.( 1 units & 8 groups of 17 units) 4(iii) Yavatmal

Yavatmal

Jadmoha

Ghatanji

Hiwari

Yavatmal Arni

1Nanza

Ner

2Kalamb 3 Jodmoha

I

2300

4 Yellabara 5 Mowada

II

2500

6 Sakhara (KH) 7 Kinhi

III

2600

8 Dabhadi 11 Jaola

IV

2600

9 Salod 10 Pardi-Halza

V

1700

12 Arjuna 13 Karalgaon

VI

1800

14 Lonbehel 15 Bhansara-Belora

VII

2000

17 Darwha/Karajgaon 18 Pathrot

1700 VIII

19 Ner

Akola

Akola

2 Pinjar

5 Alegaon

Patur

6 Patur 7 Mungla

Washim

I

1400 1000

II

8 Kinhiraja

1600 1000

9 Risod 10 Ansing

III

11 Wanoja Karanja

20500 1000

3 Sakharvira 4 Bormali Alegaon

800 1000

4(iii) Total of Yavatmal division : 11 units/g.o.u.( 3 units & 8 groups of 16 units) 4(iv) Yavatmal

19900 1500

16 Sawali Darwha

2200

1500 1000

12 Khapardari 13Palodi

IV

1900

14 Manora 15 Karanja

V

1900

4(iv) Total of Akola division : 9 units/g.o.u.( 4 units & 5 groups of 10 units)

12300

4 Total of Yavatmal Circle : 42 units/g.o.u.( 11 units & 31 groups of 64 units)

75000

16 1

2

3

5(i) Amravati

Buldhana

Jalgaon (Jamod) Sonala Motala

4

5

1 Jalgaon Ja.

500

2 Motala

400

Khamgaon

3 Khamgaon

300

Buldhana

4 Dhalsawangi 6 Dhamangaon

I

1000

5 PimpalgaonSarai 7 Buldhana

II

1000

Ghatbori

8 Mandwa 9 Ghatbori 10 Iswi

III

1600

Mehkar

11 Lonar 12 Bibi(N) 13 Bibi(S)

IV

1800

14 Deulgaon Raja 15 Sindhkhed Raja

V

600

Deulgaon Raja

5(i) Total of Buldhana division : 8 units/g.o.u.( 3 units & 5 groups of 12 units) 5(ii) Amravati

Amravati

Paratwada Amravati Morshi Warud

7200

1 Paratwada 4 Amravati

I

2400

2 Morshi 3 Warud

II

1400

5(ii) Total of Amravati division : 2 units/g.o.u. (2 groups of 4 units) 5(iii) Amravati

East Melghat

6

Jarida Ghatang Chikhaldara Anjangaon

3800

1 Jarida 2-Ghatang, 3-Chikhaldara 4 Khirpani

1800 I

500

5(i) Total of East Melghat division : 2 units/g.o.u.( 1 units & 1 groups of 3 units)

2300

5 (iv) Amravati

West Melghat

Dhakna & Dhulghat Dhakna

1 Sadrabadi

600

2 Dhakna

500

Dharni

6 Bairagad

1500

7 Lawada

1000

8 Dharni

1500

Akola Akot Dhulghat

1 Akot 3 Menghat 4 Dhulghat 5 Baratanda

I

1000

5(iv) Total of West Melghat division : 6 units/g.o.u.( 5 units & 1 groups of 4 units)

6100

5 Total of Amravati Circle : 18 units/g.o.u.( 9 units & 9 groups of 23 units)

19400

17

1 6(i) Aurangabad

2 Nanded

4

3 Mahoor

Mandvi Kinwat Bodhadi

Islapur Hadgaon Bhokar

Mukhed

5

6

1 Mahoor

900

2 Mandva

1200

3 Pachonda

800

4 Sarkhani 5 Mandvi 6 Raigad

I

1200 700

7 Kinwat

1000

8 Bodhadi

900

9 Dhanora

900

10 Islapur 11Shivini

II

600

12 Himayatnagar

500

13 Tamsa

800

14 Kini 15 Bhokar

III

1700

16 Shivangaon 17 Umari

IV

800

18 Billoli 19 Degloor

V

700

20 Mukhed 21 Mukramabad

VI

1300

22 Kandhar

900

Nanded

23 Mudkhed 24 Nanded VII 25 Loha 6(i) Total of Nanded division : 17 units/g.o.u.( 10 units & 7 groups of 15 units) 6(ii) Aurangabad

Parbhani

Parbhani

1 Jintur

Hingoli sub div.

Hingoli

16300 1500

2 Sawargaon 3 Patur

I

1400

4 Pathri 5 Parbhani 6 Gangakhed

II

700

6(ii) Total of Parbhani division : 3 units/g.o.u.( 1 units & 2 groups of 5 units) 6(iii)Aurangabad

1400

3600

1- Rameshwar 2 Kalmnuri

I

1500

3 Khadkat 4 Pedgaon

II

1500

5 Hingoli 6 Ajegaon

III

600

7 Jamroon

600

18

1

2

3

6(iii)Aurangabad

Hingoli sub div.

Hingoli

4

5

8 Sakara

Aundha (East)

9 Nageshwadi 10 Basmatnagar

Aundha (West)

11 Aundha

600 IV

Aurangabad

1 Aurangabad

300

Ajantha

2 Ajantha 3 Savalatbara

I

1200

Soegaon

4 Soegaon 5 Ambhai

II

900

6 Jalna

Kannad

7 Kannad 8 Pishor

Nagad

9 Nagad

700 III

700 200

6(iv) Total of Aurangabad division : 6 units/g.o.u.( 3 units & 3 groups of 6 units) Beed Subdiv

6900

Aurangabad

Jalna

6(v)Aurangabad

900 1200

6(iii) Total of Hingoli sub-division : 7 units/g.o.u.( 3 units & 4 groups of 8 units) 6(iv)Aurangabad

6

4000

Beed

1 Beed

500

Parli

2 Parli

900

6(v) Total of Beed sub- division : 2 units Osmanabad Tuljapur and 6(vi)Aurangabad Subdn. Bhoom

1400 1 Udgir 2 Usmanabad

I

6(vi) Total of Osmanabad sub- division : 1 groups of 2 units 6 Total of Aurangabad Circle : 36 units/g.o.u.( 19 units & 17 groups of 36 units) Sangvi 7(i) Dhule Dhule 1 Sangvi Boradi Shirpur 2 Shirpur

1100 1100

33300 2000 1300

7 (i) Total of Dhule division : 2 units Nawapur & 7(ii) Dhule Nandurbar Chinchpada Nandurbar Shahada Toranmal Akrani Toranmal Kakrada Bilgaon 7 (ii) Total of Nandurbar division : 4 units 7(iii) Dhule

Taloda

1 Taloda

1500

Mewasi

2 Kathi

2400

Mewasi

7 (iii) Total of Mewasi division : 2 units

3300 1 Nawapur

1700

2 Nandurbar

500

3 Shahada

2000

4 Akrani

2000 6200

3900

19

1

2

7(iv) Dhule

Yaval

3 PalMohmandli UsamaliHaripura Deoziri Chopda

4

6

1 Pal

1400

2 Haripura

1200

3 Deoziri

1200

4 Chopda

900

7 (iv) Total of Yaval division : 4 units Jalgaon

5

4700 Jamner

1 Jamner

1700

2 Edlabad

900

3 Jalgaon

600

7(v) Dhule Edlabad & Wadoda Jalgaon Parola Chalisgaon 7 (v) Total of Jalgaon division : 3 units

3200

21300

7 Total of Dhule Circle : 15 units

8 (i) Nashik 8(ii) Nashik

8(iii) Nashik

E./ Nashik

All ranges

1 East Nashik

600

W./ Nashik

Igatpuri Nashik Peint Barhe Harsul All ranges

1West Nashik

600

1 Ahmednagar

300

Ahmednagar

1500

8 Total of Nashik Circle : 3 units 9(i) Thane

Thane

All ranges

1 Thane

600

9(ii) Thane

Shahapur

All ranges

1 Shahapur

600

9(iii) Thane

Dahanu

All ranges

1 Dahanu

200

9(iv) Thane

Raigad

All ranges

1 Raigad

500

9 Total of Thane Circle : 4 units Grand Total of the State 461 units/ g.o.u. ( 305 units & 156 groups of 353 units)

1900 710690

Note:- 1.

As per revised statement received from Chief Conservator of Forest (T) Nagpur vide letter No. 798, dt. 15.3.2012, the Government of Maharashtra has issued notification on dt.14.3.2012 to extend the existing area of Nagzira, Navegaon and Bor Sanctuaries. Due to inclusion of additional area into the above Sanctuaries, some of the tendu units have been affected. Therefore considering the above mentioned facts, estimated yields of above tendu units have been revised for 2012 tendu season.

Note: -2.

No collection centre shall be allowed within a distance of 0.5 Km. from the border of the Sanctuary.

Note :-3.

In view of the condition no. XII as mentioned in the terms and conditions of tender document and Form of Agreement, read with modification done as per addition in explanatory note vide G.R.no. MFP 2011/C.R.316/F-9 dated 2 March 2012 as mentioned in the corrigendum attached as part of this tender document.

Note :- 4.

For the convenience of tenderers, it is specifically mentioned that tender forms purchased earlier may be used but care must be taken to note changes in condition no XII and areas and villages affected by fire which may be excluded from collection of tendu leaves. (except such villages and areas in

20 Gadchiroli distt.) The tenderer shall be bound by the changes and agreement shall have to be done with the changed terms and conditions as appended with. Note :- 5.

The condition No. XII has further been modified by the Government vide Government letter dated 29.3.2012 and it has been communicated that the penalty would be per unit, instead of per hectare which means that penalty in case of fire in more than one hectare area of tendu unit, after the auction date, will be as follows: a) If area of the unit affected by fire is more than one hectare and upto 5% of the unit area, the penalty will be Rs. 5000/- only for the unit or group of units. b) If area of the unit affected by fire is between 5 to 10% of the area of unit, then penalty will be Rs. 10,000/- only for the entire unit or group of units. c)

Note :- 6.

If area of the unit affected by fire is more than 10% of the area of the unit, the penalty imposed will be Rs. 20,000/- only for the entire unit or group of units.

As mentioned in the corrigendum attached as part of this tender document, the villages in whose jurisdiction/limits the incidences of fire on the area of more than one hectare occurred before tendu auction then the tendu collection shall not be carried in these villages (except the villages and areas affected by fire in Gadchiroli distt., since the condition for exclusion of villages and areas affected by fire has been relaxed in Gadchiroli distt. for the tendu season 2012 vide Govt. letter no. MFP 2011/C.R. 316/F-9 dated 30 March 2012). The updated report of fire in villages, unit wise for each division would be made available by Circle/division incharge before opening of tender on 04.04.2012 at the venue of the tender opening. The tenderers are advised to verify the situation in the field/unit concerned by themselves and keep in mind possible exclusions while offering the price for purchase of tendu leaves in such units, since such exclusions may affect the estimated yield of the units concerned.

For and on behalf of the Governor of Maharashtra

Nagpur Dated:- 31 /03/2012

( Dr. Ramanuj Choudhary ) Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur

21 No.

2012 TENDU SEASON

FORM OF OFFER

OFFERER'S (i) TELEGRAPHIC ADDRESS ............................................................. (ii) TELEPHONE NUMBER .............................................................. (if available) FROM : ......................................................................... ......................................................................... .......................................................................... (Give full name and address) To The Chief Conservator of Forests (Territorial) .............................................................Circle, P.O. ............................................................. (Maharashtra)

Dear Sir, 1. Pursuant to the Tender Notice No ........... ......... ............ ........... ...............dated ..................................... inviting offers for permission to collect and remove Tendu Leaves published by the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur for and on behalf of the Governor of Maharashtra (hereinafter called "the Government"), I/we submit herewith lumpsum offer for permission to collect and remove notified yield (approximately) of Tendu leaves from the Tendu leaves unit/group of units specified in Table set out in clause 3 hereof. 2. I/We have thoroughly examined and understood the said notice inviting offers and Terms and Conditions of Offer and the Terms and Conditions of the Contract and the Form of Agreement annexed to the said notice inviting offers and agree to abide by them. 3. I/We offer to collect and remove Tendu leaves from the unit/group of Units specified below and in consideration thereof to pay the amount mentioned by me/us in the relevant column against the unit/group of units concerned.

Circle

Division

Range

Unit Number

(1)

(2)

(3)

(4)

Name of the Unit

(5)

Notified Yield (Approxi mately) in Std. Bag. (6)

Note - The offer amount should be written in figures and words.

Net offer amount in Rupees for the collection to the extent of the Notified Yield for unit/group of units, exclusive of all, i.e. purchase price, collection and transportation charges, Value added Tax, Forest Development Tax and Income Tax etc. (7) in figures Rs. ........................................ in words Rupees..............................

22

4. I/We agree to pay the additional proportionate amount for any collection of Tendu leaves in excess of the notified yield. This collection will not in any case exceed 25% of the notified yield. The additional proportionate amount would be calculated on the basis of the additional standard bags collected in excess of the notified yield multiplied by the rate per standard bag which shall be arrived at by dividing the amount of the accepted offer by the number of standard bags of notified yield for the offer. 5. As required by Condition 5 of the Terms and Conditions of Offer, I / we furnish herewith Earnest Money Deposit in the form of a Demand Draft on the State Bank of India / Reserve Bank of India / any Scheduled Bank / a Receipt for deposit at call bearing number ........ .......... ........... ........ .........in favour of Chief Conservator of Forests (Territorial) ........................... Circle/ Dy. Conservator of Forests...... ............ ............ ......... ............/ Sub-Divisional Forest Officer .......... ......... .......... ........... ........ Sub-Division for the sum of Rs. ......... .................. .......... ............ being the amount equal to ten percent of the amount of offer for the notified yield specified in column (7) of the table in clause 3 hereof. In the event of my / our offer being accepted, I / we agree to furnish Security Deposit as required by the Condition No. IV of Terms and Conditions of the Contract and also to execute the agreement in the prescribed form of Agreement within the prescribed period. 6. I/We do hereby declare that the entries made in the offer are true and also that, I / we shall be bound by the act of my/our authorised representative/duly constituted attorney Shri ............................................ ............. ........... .................................................................................................. whose signature is appended hereto in the space specified for the purpose and if any other person who in future may be appointed by me/us in his stead to carry on the business of the concern, whether any intimation of such change is given to the Dy. Conservator of Forests / Sub- Divisional Forests Officer concerned or not. 7. The names and addresses of the partners of our firm are as follows : Full Name

Complete Address including Postal Pin Code Number

A true copy of our deed of partnership duly certified is enclosed. OR Our company is private / public limited company, registered under the Indian Companies Act 1913 (VII of 1913), the Companies Act 1956 (I of 1956) and its registered office is situated at .............................................................. A true copy of Memorandum and Articles of Association duly certified is enclosed. OR The names and addresses of the adult male members of our Joint Undivided Hindu Family Firm of which the undersigned is the ''KARTA'' are as follows :Full

Name

Complete Address including Pin Code No.

23

8.

I / We hereby state and declare : (i)

(ii) (iii) (iv) (v)

that I am / we are not defaulters in paying dues to the Government of Maharashtra and I am/ we are not blacklisted by the Government of Maharashtra/ other state Governments/ Government of India, so far. that I am / we are not minor(s). that I / we have not been declared insolvent(s). that I / we have not been convicted in any court for offences involving moral turpitude. that I/ we have given the certified copy of the document in proof of my residence.

9. I am / We are registered as Manufacturers of ''BIDIS'' and /or Exporters of Tendu Leaves as per Registration Certificate No. ............................................................. issued by Dy. Conservator of Forests/Sub-Divisional Forest Officer ............................................................. Division/ Sub-Division. 10. I am/We are allotted Permanent Account Number --------------------------------------------dated-------------------------under (New Series) Sub-section (4) of section 139-A of Income Tax Act 1961 issued by Income Tax Department.

Date ....................................

Signature, name and address of the constituted attorney or authorised representative.

Yours faithfully,

[Signature of offerer/s, capacity in which signing (age)]

Note: (a) The offer is to be addressed to the Chief Conservator of Forests (Territorial) in whose jurisdiction the unit offered for is situated. (b) Entries to be made in respect of firm or company or constituted attorney may be left blank wherever not applicable.

24

TERMS AND CONDITIONS OF OFFER 1.

Terms and Conditions of Contract :

The terms and conditions governing the contract in connection with the permission to collect and remove the Tendu leaves from the said concerned unit or group of units, are set out separately hereafter under the heading “Terms and Conditions of Contract”. 2. Signing of the offer : (i) The person or persons signing the offers shall state in what capacity he is or they are signing the offer as e.g. sole proprietor of a firm or as a Secretary/Manager/Director etc., of a Limited Company. In the case of partnership firm the names of all the partners should be disclosed and the offer shall be signed by all the partners or their duly constituted attorney having authority to bind all the partners in all matters pertaining to the contract including the arbitration clause. An attested copy of the “Partnership deed” should be furnished along with the offer. In the case of Limited Companies, the offer shall be signed by a person empowered to do so by the Company. A copy of the Memorandum and Articles of Association of the Company shall be attached to the offer. In the case of Hindu undivided family, the names of the family members should be disclosed and the ''KARTA'' who can bind the family shall sign the offer and indicate his status below his signature. (ii) The person signing the form of offer on behalf of another or on behalf of a firm shall be responsible to produce a proper power of attorney duly executed in his favour showing that he has authority to bind such other person or the firm, as the case may be, in all matters pertaining to the contract including the arbitration clause. If the person so signing the offer fails to produce the said Power of Attorney, his offer shall be liable to summary rejection. The Power of Attorney should be signed by all the partners in the case of partnership firms, by the proprietor in case of a proprietary concern and by the person who by his signature can bind the company in case of a Limited Company. In the case of a Hindu undivided family the Power-of-Attorney should be signed by the ''KARTA'' who by his signature can bind the family. (iii)

Each page of the form of offer should be signed by the offerer.

3. Certificate of Registration : Persons or parties who are registered as Manufacturers of ''BIDIS'' and/or Exporters of Tendu leaves as required by Maharashtra Forest Produce (Regulation of Trade) Act 1969 (LVII of 1969) and the Maharashtra Forest Produce (Regulation of Trade in Tendu Leaves) Rules 1969 (hereafter referred to as “the said Act” and “the said Rules” respectively) and the statutory modifications thereof, only will be entitled to submit offers. The offerers shall mention in the form of offer the number and date of the certificate of registration obtained by them from the Deputy Conservator of Forests/ Sub-Divisional Forest Officer of independent sub-division. 4. Offer by Defaulter, Minor, Insolvent or Blacklisted Person : Any person or party who has failed to pay the Government dues or who is a minor or who has been adjudged insolvent or who has been convicted in a Court of Law for an offence involving moral turpitude or who has been blacklisted by the Government of Maharashtra/ other state Governments/ Government of India shall not submit offer. Offers submitted by such person or party shall be treated as invalid and shall not be considered and the earnest money deposit furnished by them along with their offer shall be forfeited to the Government. If, at any time, after the acceptance of offer is communicated to the successful offerer, it is found that such offerer is a person convicted by a Court of Law for an offence involving moral turpitude or has

25

been adjudged insolvent or has failed to pay the Government dues or is a minor or has been blacklisted by the Government, of Maharashtra/ other state Governments/ Government of India then the Government shall be entitled to forthwith rescind the contract, and in that event such offerer shall duly pay to the Government the entire price of the Tendu leaves collected and removed by him prior thereto, but he shall have no claim on the Tendu leaves collected by Government or any other person thereafter from the units or group of units for which his offer has been accepted by the Government, as well as on the amount of Earnest Money/Security Deposit deposited by him and the same shall without prejudice to any other rights, remedies and powers of the Government stand forfeited to the Government and no compensation for such rescission of contract shall be payable to him. Provided, however, that if Government suffers, any loss or damage in subsequent disposal of Tendu leaves from the said units or groups of units, Government may without prejudice to any other rights and remedies, recover the same from such offerers, in the manner provided in condition No. 13 hereof. 5. Earnest Money Deposit: (i) Every offer shall be accompanied by an earnest money deposit in the form of a demand draft, bankers cheque on local Bank or a receipt for deposit at call with any Scheduled Bank having a branch at the headquarters of the Chief Conservator of Forests (Territorial) concerned or concerned Deputy Conservator of Forests/ Sub-Divisional Forest Officer of independent Sub-Division for a sum equivalent to ten per cent of the amount of the offer in favour of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer of independent Sub-Division concerned. (ii) The offerer may deposit the aforesaid earnest money for more than one unit of the same Division in one bank draft or bankers cheque on local Bank or by one receipt for deposit at call. The offerer in such case shall enclose with one of the offers or the bank draft or the receipt for deposit at call, as the case may be, alongwith a statement showing the break up of the deposited amount in respect of various units for which he has submitted offers. Provided, however, the earnest money deposit made by an offerer shall not under any circumstances be transferable to the name of any other offerer. (iii) No interest shall be payable in any event whatsoever on the amount of earnest money. (iv) Without prejudice to any other rights, remedies or powers of the Government under the contract and/or in law, the earnest money shall be forfeited, if the offerer after submitting his offer resiles from his offer or in the event of the offerers failure, after the acceptance of his offer to duly pay the amount of his offer and/or to duly execute the agreement required to be executed as per condition No. 17 hereof. (v) Subject to the provisions of condition 13 hereof, the earnest money will be returned to all unsuccessful offerers as soon as practicable, after the decision on the offers. (vi) In case of successful offerers, the earnest money shall automatically stand appropriated towards the Security Deposit required to be furnished as per Condition IV of the Terms and Conditions of Contract unless they pay the entire amount through Bank Guarantee or National Saving Certificate or 10 years Treasury Saving Deposit Certificate or 12 years National Defence Certificate provided in Condition IV (ii) thereof. (vii) In the case of defaulter offerer i.e. any person or party who has failed to pay Government dues, whose earnest money deposit furnished alongwith the offer has been forfeited to Government by treating his offer as invalid under Condition 4 hereof, Government on the application made by such person in writing within 10 days from the date fixed for opening of the offers, will consider on merits the refund of E.M.D. so forfeited to such person if, the Government dues outstanding against such person are fully paid by him till then and not otherwise.

26

6. Security Deposit (i) The successful offerer shall, before signing the agreement referred to in condition 17 hereof, deposit as Security for due compliance by him/them of these terms and conditions of Contract and terms and conditions of the said Agreement and the provisions of the said Act and the Rules, a sum equivalent to 25% of the amount of his/her offer. (ii) The Security deposit shall either be in the form of a demand draft on the State Bank of India or Reserve Bank of India in the name of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned or in the form of a bank guarantee in the prescribed form, from a Scheduled Bank in India, duly concurred in and certified by the Reserve Bank of India, as having been issued under the Bank Guarantee Scheme of Reserve Bank of India or National Saving Certificates or 10 years Treasury Saving Deposit Certificates or 12 years National Defence Certificates duly transferred in the name of the Deputy Conservator of Forests / Sub-Divisional Forest Officer concerned. (iii) In addition to the amount to be deposited as security deposit by the successful offerers as herein before mentioned in the sub-condition (i) of this condition, the successful offerers shall, within 15 days from the date of signing the agreement, furnish to the Government, Additional Security Deposit in the form of a Security Bond of an independent surety owning immovable property in Maharashtra and holding a certificate of personal solvency issued by the Competent Authority or a Bank Guarantee in the prescribed form from a Scheduled Bank in India duly concurred in and certified by the Reserve Bank of India as having been issued under the Bank Guarantee Scheme of Reserve Bank of India, for an amount equal to the amount of security deposit mentioned in sub-condition (i) above. (iv) The security deposit and/or the additional security deposit either wholly or in part, as the case may be, may be adjusted by the Dy. Conservator of Forests concerned, towards the recovery of the amount, if any, including the purchase price recoverable from the successful offerer under the provisions of the said Act, the said Rules, Agreement and these Conditions. All such deductions shall have to be made good by the successful offerer by depositing an equivalent amount within 15 days of the receipt of a notice to that effect, failing which the amount shall be recovered from the offerer as Arrears of Land Revenue. (v) The security deposit and/or the additional security deposit or the balance, as the case may be, shall be refunded to the successful offerer, after the Dy. Conservator of Forests / Sub-Divisional Forest Officer concerned is satisfied that all the obligations and formalities on the part of the successful offerer under the terms of the said agreement, the said Act, the said Rules and these conditions have been duly complied with and that no amount is due against him. 7. Documents to be attached to the Form of Offer : (i) The offerer should submit the offer in the form issued by the office of the concerned Dy. Conservator of Forests/ Sub-Divisional Forest Officer, duly filled in and completed in all respects and signed on each page thereof. (ii) An attested copy of the partnership deed/Memorandum and Articles of Association and Power of Attorney must be submitted by the offerer alongwith his offer. After the final decision about the offer is taken, the successful offerer shall produce original Partnership-deed/Memorandum and Articles of Association and Power of Attorney within seven days of the acceptance of offer, failing which the Government will be entitled to cancel the contract at the risk and cost of the offerer. (iii)

Offers not duly filled in and signed are liable to be ignored.

(iv) An attested copy of the letter allotting Permanent Account Number under Sub-Section (4) of Section 139-A of the Income Tax Act 1961, must be submitted by the offerer alongwith his offer. Alongwith form of offer. After the final decision about the offer is taken, the successful offerer shall produce original document of PAN at the time of Agreement.

27

(v) The offerer should submit certified copy of document in proof of his residence such as Passport/ Ration card/ Driving licence/ Domicile certificate issued by the competent authority/ Electric bill/ Telephone bill (Land line), failing which the Government will be entitled to cancel the contract at the risk and cost of the offerer. 8. Submission of Offer : (i) The offerer shall submit offer only in the prescribed form of offer duly filled in and completed in all respects and signed on each page of the offer form. (ii) An attested copy of Partnership Deed/ Memorandum and Articles of Association/Power of Attorney as the case may be, must be submitted by the offerer alongwith the offer. After final decision about the offer is taken, the successful offerer shall produce original Partnership-deed/Memorandum and Articles of Association and Power of Attorney within 7 (seven) days of the acceptance of offer, failing which the Government will be entitled to cancel the contract at the risk and cost of the offerer. (iii) Offers not duly filled in and signed and not submitted in the prescribed form of offer are liable to be rejected. (iv) The offerer shall offer separate offer for the notified yield in each unit/ group of units, net amount exclusive of collection charges/purchase price/ transportation charges etc. of Tendu leaves, which shall be borne by the offerer. In addition, the offerer shall have to pay Value added Tax, Forest Development Tax, Income Tax etc. as provided in condition VI of the Terms and Conditions of Contract. The offerer on his appointment as a licensee shall have to pay collection charges to the labourers for Tendu leaves collected from Government Land and purchase price to the growers for Tendu leaves purchased from them in the concerned unit/ group of units. (v) If identical highest amount is offered by more than one offerer for one and the same unit/group of units, the matter may be decided by drawing lots between the offerers offering highest identical amounts. (vi) If the offer specified in figures and words differs then the amount written in words shall be deemed to be the amount offered by the offerer. 9. Delivery of offers : (i) Offer complete in all respects shall be put in a closed and sealed envelope bearing the following words and address:(Inner Envelope) OFFER FOR PERMISSION TO COLLECT AND REMOVE TENDU LEAVES Division _____________________, Range__________________________________ Sr. No. and Name of Unit :-________________________________________________ To The Chief Conservator of Forests (Territorial) _____________________________ Circle. P.O.__________________________ Maharashtra _____________________________________________________________________________________ _ NOTE :- Inner envelope should be addressed The Chief Conservator of Forests (Territorial) in whose jurisdiction the unit is situated.

28

(ii) Inner envelope shall be put in another closed and sealed envelope bearing the following words and address:_______________________________________________________________________________ (Outer Envelope) OFFER FOR PERMISSION TO COLLECT AND REMOVE TENDU LEAVES To Additional Principal Chief Conservator of Forests, (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur. Note :- Outer envelope should be addressed to :The Additional Principal Chief Conservator of Forests, (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur office of the Principal Chief Conservator of Forests (Head of Forests Force), M.S.Nagpur at VAN BHAVAN, Ramgiri Road, Near Police Gymkhana , Civil line, Nagpur 440 001. (iii) Offer complete in all respects and enclosed in two envelopes as prescribed above can be presented to the Forest Officer indicated below :-

Offers pertaining to The units within the territorial jurisdiction of Chandrapur, Gadchiroli, Nagpur, Yavatmal, Amravati, Aurangabad, Dhule, Nashik and Thane Circles.

Officer to whom offers can be submitted Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur or his authorized officers at- VAN SABHAGRUHA (Old Van Bhavan) Seminary Hills, Near Income tax Office, Civil Lines, Nagpur 440 001.

(iv) Offers complete in all respects may be delivered personally after obtaining dated acknowledgement from the receiver to Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur or the officers authorized for this purpose at VAN SABHAGRUHA Seminary Hills, Nagpur. 10

Conditional offer:

Conditional offer or offers sent by telegram or offers sent otherwise than as laid down herein will not be considered. 11. Withdrawal of offer : Offerer will be allowed to withdraw his offer for any unit or group of units before the commencement of the opening of offers of that units or group of units on the following conditions, viz:(i) On opening the remaining offers there should be at least one valid offer complete in all respects available for consideration for that particular unit/group of units, and (ii)

The earnest money deposited by the offerer, vide Condition 5 above shall be forfeited.

29

12. Opening of offer : The offers will be opened in the presence of offerers who are present at the time of opening of offers by the Conservator of Forests/ The Chief Conservator of Forests (Territorial) concerned at the place, date and time shown in the statement below :-

Name of Circle 1 1. 2. 3. 4. 5. 6. 7. 8. 9.

Chandrapur Gadchiroli Nagpur Yavatmal Amravati Aurangabad Dhule Nashik Thane

Place where offers will be opened 2 'Dr. VASANTRAO DESHPANDE SABHAGRUH'

Date and time of opening the offers. 3 04/04/2012 from 09.00 hrs onwards

in front of MLA Hostel, Civil Lines, Nagpur

NOTE : (1) The offers will be opened in the serial order as shown in column No. (1) of the statement given above. (2) The sequence in which the Forest Divisions in each Circle will be taken up for opening of offers will be decided by drawing lots. (3) Offers within the Division will be opened serially as specified in the list of units set out in the notice inviting offers. 13. Offerer bound by his offer The offerer shall be bound by his offer and by these terms and conditions till the orders of the competent authority accepting or rejecting his offer are passed and the contract is sanctioned in the name of some other person or party for the particular unit/group of units. In case of breach of this condition, the earnest money deposited under condition 5 above shall be forfeited to the Government. In addition, the defaulting offerer shall bear the loss, if any, suffered by the Government in the subsequent disposal of that unit/group of units and this loss unless paid within 15 days from the date of issue of notice of demand, shall be deemed to be arrears of land revenue and may be recovered from him as such. The offerers, however, shall not be entitled to any profit that may accrue to the Government on such subsequent disposal. 14.

Acceptance or rejection of offers :

The Government or the officer authorised in that behalf by the Government, shall not be bound to accept the highest offer. The Government or such officer may accept or reject all or any of the offers so received without assigning any reason therefor. Forthwith after the decision on the offers is taken by the Government or such officer, communication regarding the acceptance of an offer shall be forwarded to the offerer whose offer is accepted by the Government. 15. Appointment of any other licensee : If the offers received for a unit/group of units are not considered acceptable or if no offers are received for a unit/group of units or if offers received for a unit are considered invalid for any reason, the Government or the competent authority may appoint any person or party as a licensee for such unit

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without calling for fresh offers. All the conditions applicable to a successful licensee and such other conditions as may be mutually agreed to shall be applicable to such person or party appointed as the licensee for that unit/group of units under this condition. 16. Terms and conditions of contract : The offerer/s whose offer has been accepted for a particular unit/group of units, shall be appointed as a licensee for that unit/group of units on the terms and conditions as are specified in the terms and conditions of contract set out separately and in the form of agreement to be executed by him as per condition No. 17 hereof. 17. Execution of agreement : (i) The licensee on being so appointed, shall either himself or through his constituted attorney, execute an Agreement in the form annexed hereto within fifteen days from the date of issue of letter of acceptance in his favour, or within such extended time as may be granted to him under the provisions hereinafter contained, failing which his appointment shall be liable to be cancelled by the The Chief Conservator of Forests (Territorial) in whose jurisdiction the unit/group of units is situated. (ii) The person signing the agreement form on behalf of another or on behalf of a firm shall be responsible to produce a proper “Power of Attorney” duly executed in his favour showing that he has authority to bind such other persons or the firm as the case may be, in all matters pertaining to the contract including the arbitration clause such “Power of attorney” should be signed by all the partners in the case of partnership concern, by the proprietor in the case of proprietary concern and by the person who by his signature can bind the company in case of limited company. In case of Hindu Undivided family the “Power of Attorney” should be signed by the ''KARTA'' who by his signature can bind the family. (iii) If before the expiry of the period of fifteen days, the licensee applies to the Deputy Conservator of Forests / Sub-Divisional Forest Officer of the Division/ independent Sub-Division concerned for extending the period herein before prescribed for execution of the agreement, the concerned Deputy Conservator of Forests/ Sub-Divisional Forest Officer may, if in his absolute discretion thinks fit, extend the said period upto not exceeding fifteen days thereafter on such terms and conditions as may be prescribed by him / her including the payment of extension fees at the rate not exceeding Rs. 1000 per day. (iv) On cancellation of the appointment of the licensee under sub-condition (i) hereof the amount deposited by him as earnest money shall without prejudice to any other rights and remedies of the Government, be forfeited to the Government. In addition, such licensee shall also be liable to pay the loss, less the amount of E.M.D., if any, suffered by the Government in the subsequent disposal of Tendu Leaves of the unit/group of units for which he is appointed as licensee and if the licensee does not pay such loss within 15 days from the date of issue of the Notice of Demand, the same may without prejudice to any other rights and remedies of the Government, be recovered from him as arrears of land revenue. The licensee, however, shall not in any event be entitled to any profit that may accrue to the Government on such subsequent disposal.

18. Government not responsible for natural calamities or act of third parties : The licensee shall not be entitled to claim any compensation whatsoever for any loss or damage that may be sustained by him on account of fire, rains, tempest, disease, pest, flood, drought or any other natural calamities or by reason of any wrongful acts committed by any third party or for any other reason whatsoever.

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19. Disqualification of offers : Any bribe, commission or advantage offered or promised by or on behalf of any offerer to any officer or servant of the Government shall, in addition to any criminal liability which the offerer may incur, disqualify the offerer and his offer shall be liable to be summarily rejected. Similarly canvassing by or on behalf of the offerer will also result in disqualification.

( Dr. Ramanuj Choudhary ) Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur

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TERMS AND CONDITIONS OF CONTRACT I. DEFINITIONS : (a) The term "Act" shall mean the Maharashtra Forest Produce (Regulation of Trade) Act, 1969 (Mah. LVII of 1969). (b) The term "Contract" shall mean and include notice inviting offers, Terms and Conditions of Offer, Form of Offer, the Terms and Conditions of Contract and the Agreement executed by the Licensee. (c) The term "Government" shall mean and include the Government of Maharashtra and the Governor of Maharashtra. (d) The term "Governor of Maharashtra" shall mean and include his successors and assignees. (e) The term "Licensee" or "Licensees" shall mean and include the person or persons, firm or company whose offer has been accepted by the Government including the heirs, executors and administrators of the Licensee, if a natural person and successors in business in case of corporations, as the case may be. (f) The term "Notified Yield" shall mean the approximate yield of Tendu leaves as specified under column (7) of the List of units/group of units appended to the tender notice, for which the offer is accepted by the Government. (g) The term "offer" shall mean the offer submitted by the offerer for units/ group of units pursuant to the notice inviting offers. . (h) The term "Offerer" shall mean a person or a party who has submitted an offer for permission to collect and remove Tendu Leaves from Notified unit/group of units pursuant to the notice inviting offers and shall include his heirs, executors, administrators and successors (i) The term "Rules" shall mean the Maharashtra Forest Produce (Regulation of Trade in Tendu Leaves) Rules 1969 and any statutory modifications thereof. (j) The term "Unit" shall mean the unit/group of units for which the offer of the licensee has been accepted.

(k) The term "Standard Bag" shall mean a bag containing 1000 standard bundles of Tendu Leaves, each Standard bundle containing 70 (Seventy) Tendu Leaves. II. PROVISIONS OF MAHARASHTRA TRADE) ACT 1969 :

FOREST PRODUCE ( REGULATION OF

All provisions of Maharashtra Forest Produce (Regulation of Trade) Act 1969 and Maharashtra Forest Produce (Regulation of Trade in Tendu Leaves) Rules, 1969 and any statutory modifications thereof for the time being in force and in as far as they are applicable to the contract, shall form part of these terms and conditions.

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III.

PARTIES TO THE CONTRACT :

(a) The parties to the contract are the Licensee/s and the Governor of Maharashtra. (b) The persons signing the offer or any other document forming part of the offer on behalf of another person or a firm shall be deemed to warrant that he has authority to bind such other person or firm as the case may be in all matters pertaining to the contract. If, on enquiry, it is found that the person concerned has no such authority, without prejudice to any other civil and criminal remedies, the contract may be terminated and the signatory be held liable for all costs and damages consequent on such termination. IV. SECURITY DEPOSIT (i) The Licensee shall, before signing the agreement referred to in condition VIII hereof, deposit as security for due compliance by him/them of these terms and conditions and the terms and conditions of contract and terms and conditions of the said agreement and the provisions of the said Act and the Rules, a sum equivalent to 25 per cent of the amount of his / her offer. (ii) The security deposit shall either be in the form of a Demand Draft on the State Bank of India or Reserve Bank of India, in the name of the Deputy Conservator of Forests/Sub-Divisional Forest Officer concerned or in the form of bank guarantee in the prescribed form from a Scheduled Bank in India duly concurred in and certified by the Reserve Bank of India as having been issued under the Bank Guarantee Scheme of the Reserve Bank of India or National Savings Certificates, 10 years Treasury Savings Deposit Certificates or 12 years National Defence Certificates duly transferred in the name of Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned. (iii) In addition to the amount to be deposited as security deposit by the licensee as herein before mentioned in sub-condition (i) of this condition, the licensee shall within 15 days from the date of signing the agreement, furnish to the Government additional security deposit in the form of a surety bond of an independent surety owning immovable property in Maharashtra and holding a certificate of personal solvency issued by the competent authority or a Bank Guarantee in the prescribed form from a Scheduled Bank in India duly concurred in and certified by the Reserve Bank of India as having been issued under the Bank Guarantee Scheme of Reserve Bank of India for an amount equal to the amount of security deposit mentioned in sub-condition (i) above. (iv) The security deposit and/or the additional security Deposit, either wholly or in part, as the case may be, may be adjusted by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned towards the recovery of the amount, if any, including the purchase price recoverable from the licensee under the provisions of the said Act, the said Rules, agreement and these conditions and all such deduction shall have to be made good by the licensee by depositing an equivalent amount within 15 days of the receipt of notice to that effect, failing which the amount shall be recovered from the offerer as arrears of land revenue. (v) The security deposit and/or the additional security deposit or the balance as the case may be, shall be refunded to the licensee after the Deputy Conservator of Forests / Sub-Divisional Forest Officer concerned is satisfied that all the obligations and formalities on the part of the licensee under the terms of the said agreement, the said Act, the said Rules and these conditions have been duly complied with and that no amount is due against him. V. PAYMENT OF THE AMOUNT OF OFFER : (1) The Licensee shall pay to the Government the amount of his offer by a demand draft drawn on any Scheduled Bank in India having a branch at the headquarters of the concerned Dy. Conservator of Forests/ Sub-Divisional Forest Officer in the following manner :-

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(A) If the licensee desires to remove the Tendu leaves directly from the collection depots of the units/group of units then :(i) 10 per cent of the amount of offer for the notified yield within 7 (seven) days from the date of execution of the agreement and (ii) The remaining 90 percent amount of offer for the notified yield in lump-sum before removing the Tendu leaves from the collection depots at the units but not later than 15th day of May 2012, and (iii) The proportionate amount for the additional permissible collection in excess of the notified yield on or before the 10th June 2012. The proportionate amount shall be calculated on the basis of additional standard bags collected, in excess of the notified yield multiplied by the rate per standard bag, which shall be arrived at by dividing the amount of the accepted offer by the notified yield in standard bags. (B) If the licensee desires to store the Tendu leaves in his/her own/hired godowns situated within the unit/group of units or outside the unit/group of units in the State of Maharashtra which is/are duly approved for this purpose by the concerned Deputy Conservator of Forests/Sub-Divisional Forest Officer (who shall be entitled in his absolute discretion to approve or disapprove any such godowns) which could be removed therefrom by the licensee with the permission of the concerned Deputy Conservator of Forests/ Sub-Divisional Forest Officer then : (i) 10 percent of the amount of offer for the notified yield within 7 (seven) days from the date of execution of the agreement and (ii) The remaining 90 per cent of the amount of offer plus the proportionate amount for the permissible additional collection in excess of the notified yield as calculated in the manner provided aforesaid in three equal installments on the following due dates : Installment 1st installment 2nd installment 3rd installment

Due Date 1st working day of September 2012 1st working day of October 2012 1st working day of November 2012

“Provided, however, that if the licensee fails or neglects to pay any of the aforesaid installments mentioned in sub-clause B(ii) above on their respective due dates mentioned therein, then in that event, the Dy. Conservator of Forests/ Sub-Divisional Forest Officer of independent Sub-Division, on being satisfied that the licensee did not pay the said installments as mentioned in sub-clause B(ii) above for a sufficient cause, may give to the licensee, on an application made in that behalf by the licensee to the Deputy Conservator of Forests/ Sub-Divisional Forest Officer, at least 10 days before the date, on which such installment falls due, such further time for paying the same but not exceeding 30 days as he may in his absolute discretion thinks fit.” Provided, further that, in any event, the licensee shall pay interest on amount of the said installments not paid on the due dates mentioned above, at the rate of 20 per cent per annum from the respective due dates mentioned above of the said installments till payment. Each time the licensee makes the payment of an installment, he would become, entitled to 1/3 of the quantity of leaves kept in the godowns under the provisions of this condition. (2) The licensee shall not be entitled to keep the collected Tendu leaves in his own/hired godowns situated outside the State of Maharashtra unless he had obtained the prior approval thereto in writing of the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur who may in his absolute discretion disapprove the same or accord approval thereto on the following terms and conditions, namely:

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(i) The licensee shall furnish additional security deposit in any one of the forms stipulated in Condition IV (ii) above, for the sum equal to three times the sum required to be deposited as security deposit under condition IV (i) above. (ii) The licensee shall bear and pay the cost of the additional staff required to be engaged for supervision of such godowns and shall for the purpose deposit in advance with the Deputy Conservator of Forests / Sub-Divisional Forest Officer concerned, the amount fixed therefor from time to time by the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur (iii) The licensee shall transport the leaves purchased by him to such godowns only by such route as may be prescribed by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned. (3) The licensee shall inform in writing before the 1st day of May 2012 to the concerned Deputy Conservator of Forests/Sub-Divisional Forest Officer whether he desires to remove the Tendu leaves from the collection depot at the unit/group of units directly or to store them in the godowns to be approved by the concerned Deputy Conservator of Forest/Sub-Divisional Forest Officer, failing which the licensee shall pay to the Government the remaining 90 per cent amount of his offer for the Notified Yield on or before the 15th day of May 2012 as provided in clause 1(A) (ii) above and for the permissible additional quantity in excess of the Notified Yield on or before the 10th June 2012 as provided in clause 1(A) (iii) above. (4) In addition, Licensee shall have to pay Value added Tax, Forest Development Tax and Income Tax etc. at the time and in the manner provided in condition VI hereof. (5) If the Licensee fails or neglects to duly pay the amount of his said offer for the notified yield and the additional proportionate amount for the additional permissible collection of leaves not exceeding 25% of the notified yield, together with the Value added Tax, Forest Development Tax, Income Tax etc. as hereinbefore provided and/or to duly observe and perform any of the terms and conditions hereof; then without prejudice to any other right, remedies and powers of the Government, this contract shall stand forthwith terminated and in the former case the said amount of security deposit and in the later case security deposit and the entire amount of his said offer and the additional proportionate amount, if any, for the additional permissible collection of leaves paid till then shall stand forfeited to the Government alongwith the tendu leaves collected by licensee. In such event the Government may, if it so thinks fit, proceed to dispose of the Tendu leaves in the said unit/group of units in such manner as the Government may in its absolute discretion thinks fit at the sole risk and at the cost, charges and expenses of the Licensee and Licensee will be liable to pay to the Government the loss if any, sustained by the Government as a result thereof, but he shall not be entitled to any profit that may accrue to the Government as a result thereof. VI

VALUE ADDED TAX, FOREST DEVELOPMENT TAX AND INCOME TAX In addition to the amount of offer the Licensee will be required to pay :

(a) Value added Tax in accordance with the provisions of Value added Tax (VAT- Act – 2005) as amended from time to time and in force for the time being, and (b) Income Tax in accordance with the provisions of sections 206-C of the Income Tax Act, 1961 as amended from time to time and in force for the time being, (c) Forest Development Tax in accordance with the provisions of the Maharashtra Forest Development Tax on Sale of Forest Produce by the Government or Forest Development Corporation (Continuance) Act 1983 (Mah. XXII of 1983) as per the rates in force at the time of execution of the agreement along with

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the proportionate amount to be paid by the licensee in accordance with the payment schedule given in condition V above. VII.

TENDU LEAVES OF GROWERS OTHER THAN THE GOVERNMENT

The licensee shall be bound to pay for and take delivery of Tendu leaves offered to him for sale by the growers, if any, other than the Government in the concerned unit/group of units at the price that may be fixed by the Government, at such place and in such manner as may be directed by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned from time to time, unless the leaves offered are unfit for ''BIDI'' manufacture. The leaves rejected, if any, by the licensee shall be kept separately for inspection of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned or any Officer authorised by her/him. The decision of such officer regarding fitness or otherwise of the Tendu leaves for the manufacture of ''BIDIS'', shall be final and binding on the licensee and he shall pay full purchase price to such growers at the rates as aforesaid. In this respect the licensee shall be deemed to be an Agent of the Government for the unit/group of units appointed under the said Act, and under the said Rules. VIII.

EXECUTION OF AGREEMENT

(i) The licensee on being so appointed shall either himself or through his constituted Attorney execute an Agreement in the form annexed here to within fifteen days from the date of issue of Letter of acceptance in his favour or within such extended time as may be granted to him under the provisions hereinafter contained, failing which his appointment shall be liable to be cancelled by the Chief Conservator of Forests (Territorial) in whose jurisdiction the unit is situated. (ii) The persons signing the agreement form on behalf of another or on behalf of a firm shall be responsible to produce a proper "Power-of-Attorney" duly executed in his favour showing that he has authority to bind such other person or the firm, as the case may be, in all matters pertaining to contract including the arbitration clause, such Power-of-Attorney should be signed by all the partners in case of partnership concern, by the proprietor in case of a proprietary concern and by the person who by his signature can bind the company in case of limited company. In case of Hindu undivided family the "Power-of-Attorney" should be signed by the ''KARTA'' who by his signature can bind the family. (iii) If before the expiry of the said period of fifteen days, the licensee applies to the Deputy Conservator of Forests/ Sub-Divisional Forest Officer of the Division / independent Sub-Division concerned for extending the period herein-before prescribed for execution of the Agreement, the Deputy Conservator of Forests/ Sub-Divisional Forest Officer may, if in his absolute discretion, thinks fit, extend the said period upto not exceeding fifteen days thereafter on such terms and conditions as may be prescribed by him including the payment of extension fees at the rate not exceeding Rs. 1000 per day. (iv) On cancellation of the appointment of the licensee under sub-condition (i) hereof the amount deposited by him as earnest money shall without prejudice to any other rights and remedies of the Government, be forfeited to the Government. In addition, such licensee shall also be liable to pay the loss, less the amount of E.M.D., if any, suffered by the Government in the subsequent disposal of Tendu leaves of the units for which he is appointed as a licensee and if the licensee does not pay such loss within fifteen days from the date of the notice of demand, the same may without prejudice to any other rights and remedies of the Government be recovered from him as Arrears of land revenue. The licensee however, shall not in any event be entitled to any profit that may accrue to the Government on such subsequent disposal.

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IX.

COLLECTION OF LEAVES BEFORE PAYMENT NOT PERMITTED

The Licensee shall not collect and remove the Tendu leaves from the said unit/group of units for which his offer has been accepted by the Government till he has paid 10 per cent amount of his offer for the notified yield as per condition V hereof alongwith the proportionate taxes indicated under condition VI herein above and executed the agreement as per condition VIII hereof. X.

COLLECTION OF TENDU LEAVES

(i) The licensee shall have to make his own arrangement entirely at his cost for establishment of centres for collection of Tendu leaves, employment of labourers, construction of huts for stocking leaves and other arrangements necessary for carrying out the contract. The collection centres should be at such places within the unit to be notified by the concerned Dy. Conservator of Forests/Sub-Divisional Forest Officer. The list of collection centres as notified by the Dy. conservator of Forests / Sub-Divisional Forest officer concerned, shall be final and binding on the licensees. Such notified list shall be notified and be displayed by the Dy. Conservator of Forests/ Sub-Divisional Forest Officer on the notice board of her/ his office. (ii) The licensee shall keep his representative at each collection centre established at the places notified by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer during the collection season of Tendu leaves for collection of leaves at such collection centres. Names of such representatives shall be furnished to the Deputy Conservator of Forests/ Sub-Divisional Forest Officer alongwith their specimen signatures before the start of collection. The Licensee will be responsible for any act of commission/omission of such representative. The Deputy Conservator of Forest/ Sub-Divisional Forest Officer will have the discretion to reject any representative proposed by the Licensee without giving any reason therefor. If any representative is rejected by Deputy Conservator of Forests/ Sub-Divisional Forest Officer, the Licensee shall provide within seven days of such rejection a substitute representative acceptable to the Deputy Conservator of Forests/ Sub-Divisional Forest Officer. (iii) The Licensee shall collect Tendu leaves at the notified collection centres only. Without prejudice to any other rights, remedies or powers of the Government under the contract and/or any law, any Tendu leaves, collected at the unauthorised collection centres shall be forfeited to the Government and shall be disposed off by the Government in the manner deemed fit. (iv) The Licensee shall collect from the concerned unit/group of units, the Tendu leaves in raw form without bagging but in the form of bundles containing 70 leaves each provided, however, bundles may contain not less than 65 leaves and not more than 75 leaves. (v) The Licensee shall collect the Tendu leaves by adopting the traditional method i.e. plucking by hand, of Tendu leaves from the trees directly only and not by any other method whatsoever. The Licensee shall not cut the trees or its branches or make use of any sharp instruments like axe, knife etc. in the process of collection. However, without prejudice to any other rights, remedies or powers of the Government under the contract and/or any Law, any Tendu Leaves collected by non-traditional methods shall be forfeited to the Government and shall be disposed off in any manner as deemed fit. (vi) The License shall be allowed to collect the Tendu leaves to the extent of the notified yield only for which his offer is accepted by the Government. In case the yield of Tendu leaves exceeds the notified yield, the Licensee shall be further allowed to collect and remove additional Tendu leaves over and above the notified yield but in any event not exceeding 25% of the notified yield for which his/ her offer is accepted by the Government on payment of additional purchase price to be calculated at the average rate per standard bag which shall be arrived at by dividing the amount of the accepted offer by the number of standard bags of notified yield for the offer. Provided, however, the Licensee shall not be entitled to claim any concession or remission in payment of

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his lump-sum offer accepted by the Government for the notified yield in cases where the yield of Tendu leaves is less than the notified yield. (vii) The Licensee shall pay to the labourers employed by him for the purpose at the rates fixed by the Government from time to time. The minimum rates fixed by the Government are given below :Zone No.

Units

Minimum charges for collection of Tendu leaves from Government Land Rs. per standard bag.

1

2

3

Minimum price for purchase of Tendu leaves from Growers (other than Govt.) Rs. per standard bag. 4

All units of Gadchiroli circle (entire Gachiroli district)

1750

1800

1350

1400

1200

1250

1

2

3

All units of Chandrapur, Nagpur, Yavatmal and Amravati circles. (entire Chandrapur, Amravati, Akola, Washim, Buldhana, Yavatmal, Wardha, Bhandara, Gondia, and Nagpur districts) All units of Aurangabad, Pune, Dhule, Kolhapur, Thane and Nashik Circles. (all other districts of Maharashtra not mentioned in zone 1 and 2 above)

Note : A standard bag is a bag containing 1000 bundles of 70 leaves each i.e. 70,000 Tendu leaves. The payment of labour charges shall be made to the labourers on the same day on which the leaves are received by him from them. (viii) The Licensee shall not demand or accept any "PASTURI" or extra bundles of leaves from the labourers. He shall make full payment for all the bundles accepted by him from the labourers. He shall also not demand or accept bundles of leaves containing more leaves than those prescribed in (iv) above. (ix) The Licensee shall not reject Tendu leaves collected by the labourers unless the leaves are unfit for BIDI manufacture. The leaves rejected, if any, by the licensee shall be kept separately for inspection of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned or any officer authorised by her/him. The decision of such Deputy Conservator of Forests/ Sub-Divisional Forest Officer or any officer authorised by him/her, regarding fitness or otherwise of the Tendu leaves for manufacture of BIDIS shall be final and binding on the Licensee and he shall pay full collection charges to labourers. (x) Before transporting the leaves from the collection depot, the Licensee shall pack the bundles of leaves in bags and super scribe distinctly on each bag the following particulars namely:(a) (b) (c) (d) (e)

Name and number of unit/group of units. Name and/or number of collection depot. Sr. No. of the bag. No. of bundles contained in the bag. Year of collection.

(xi) The transport of Tendu leaves shall be subject to the provisions of transport permits prescribed in the said Act and the said Rules.

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(xii) The Licensee who shall be permitted to collect and remove additional Tendu leaves under sub-condition (vi) above, shall give intimation to the labourers regarding the ceiling on collection so as to avoid unauthorised collection of Tendu leaves by the labourers. (xiii) In case, the Licensee collects the leaves in excess of permissible additional collection over and above the notified yield, the concerned Deputy Conservator of Forests/ Sub-Divisional Forest Officer or his representative shall without prejudice to any other rights and remedies of the Government take possession of such leaves and dispose off the same in the manner as he/she may deem fit and in that event the Licensee shall not be entitled to claim reimbursement of the collection charges for the leaves so collected or any other compensation whatsoever. XI.

CHECKING OF TENDU LEAVES

(i) Stock of Tendu leaves in possession of the Licensee at any depot or any godown or in transit is liable to be checked at any time by any Forest Officer. (ii) The Licensee shall be responsible for any stock detected as unauthorised. (iii) The Licensee shall be responsible and liable for penal action for the stock detected as unauthorised in his custody either at any depot, in transit or at any godown at any time. XII.

KINDLING OF FIRE IN FOREST AREA PROHIBITED (a) Kindling of fire in the forest within the tendu unit / group of units area and its vicinity including smoking and carrying matchboxes is strictly for-bidden during the fire season. (b) It shall be the responsibility of the Grampanchayats, under whose jurisdication the tendu unit/group of units fall and the tendu leaves collectors, who benefit from such tendu collection in terms of wages and incentives, to prevent fires in respective tendu units/group of units and its vicinity and also extinguish fires if any, in such units/group of units during the period 15th January to 15th June and do everything that is possible to do to prevent any kindling or spread of fire in the areas of such units/group of units. (c) It shall be the responsibility of the Purchaser to prevent kindling and spread of fire in the tendu unit / group of units. (d) In case fire is kindled, and its spread is beyond one hectare in a tendu unit during the period 1st January to the date of auction, that is, before tendu leaves are auctioned and sold to a particular licensee, the auction of such tendu units in which such forest area falls, shall not be done and also shall be withdrawn from the auction if it has been advertised or proposed for auction. The Grampanchayats or the gramsabha and tendu leaves collectors, who were likely to benefit from the auction of such units, shall not be entitled for any compensation for the loss caused to them due to cancellation of such auction/sale of tendu units/group of units. (e) If a fire is kindled and its spread beyond one hectare in the area of a tendu unit/group of units which has been successfully sold to a bidder/licensee in any auction, the said auction/sale shall be cancelled with immediate effect and no compensation shall be paid to the licensee for the loss or damage caused to such licensee due to such cancellation. The Earnest Money Deposit/Security Deposit, if any, shall also be forfeited in such cases. (f) The Chief Conservator of Forests (Territorial) of the concerned Circle shall be the authority to take action as mentioned above. However he shall make suitable enquiry to established the facts and satisfy himself through available evidences and records before passing an order for cancellation. He shall also be responsible for checking the cases of fires and provide

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valid information for appropriate decisions at the state level at the time of auction of tendu unit/group of units in his area. EXPLANATORY NOTE :( It has come to the notice of the Government that in several cases fires are kindled in forest area of tendu unit/group of units during the period January onwards with the expectation that as a result of fire such flush of tendu leaves would come. Due to such fires almost entire forest area in tendu units or in the vicinity, burns every year and irreversible damage is done to the natural re-generation, fallen seeds, nests and habitats of microfauna, wild life and the ground flora including the valuable biodiversity of the area. The various Acts and Regulations have cast responsibilities on the citizens, Grampanchayats/gramsabhas to protect the forest from the damages caused due to such fires by taking preventive measures. In order to prevent fires due to tendu trade, the strict measures as suggested above are considered essential and it is believed that due to such measures sustainable harvesting of tendu leaves, due to which huge economic benefits accrue to the local people and tendu leaves collectors during tendu season, would continue without causing any damage to the forest in the tendu units/group of units or in the vicinity.) The following clauses are being included in the explanatory note of condition No. XII of tendu tender for tendu season 2012. (As per G.R.no. MFP 2011/C.R.316/F-9 dated 2 March 2012) 1) Tendu unit purchaser/Licensee should make active and effective efforts to implement preventive measures against forest fires in the forest area / Tendu Unit area. For this, after acceptance of tendu tender and after the names of bidder /licensee is finalized, the concerned Deputy Conservator of Forests shall discuss with licensee and prepare a forest fire preventive scheme. Licensee should appoint at least five fire watchers for each unit at his own expenses. Information about these fire watchers will be communicated by the licensee to concerned Deputy Conservator of Forest/Range Forests Officer & Assistant Conservator of Forest of the Forest Department. 2) Wide publicity and campaigning should be carried out by licensee to the effect that the forest fire kindled/ occurred in the forests is detrimental / injurious to forests and environment, and such fires are not beneficial for growth of tendu leaves but very harmful. Such publicity should be done in each village of concerned tendu unit and for this, required handbills, display boards etc. should be prepared and displayed by tendu licensee. Also they should take meetings in each village and acquaint all the villagers about the same. 3) The tendu licensee/contractor will inform the forest department as soon as the forest fire occurs and all possible efforts shall be made by tendu licensee and forest department to extinguish such forest fire. 4) If a certificate by concerned Deputy Conservator of Forests concerned is issued that implementation of preventive measures are carried out adequately and there is no laxity on part of licensee/ contractor, then in that case, even if the fire occurred in the tendu unit of the concerned contractor, the said auction/sale shall not be cancelled and earnest money deposit/security deposit shall not be forfeited. However, the licensee/contractor shall be liable for punishment/penalty as provided below. He shall also be liable for recovery of financial loss to the forest wealth resources. The punishment/penalty proposed for the burnt area of the concerned Tendu unit is as under. a) b) c)

Up to 5% of the Tendu unit area burnt- Rs.5000/ ha. 5% to 10% of the Tendu unit area burnt- Rs. 10000/ ha. Above 10% of the Tendu unit area burnt - Rs. 20000/ ha.

(The Government vide its letter no. MFP 2011/C.R.316/F-9 dated 29 March, 2012 has issued modified instruction and stated that penalty will be per unit, instead of per ha. )

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5) The Deputy Conservator of Forests shall prepare a list of all villages in his jurisdiction where the incidences of fire on the forest area of more than 1 hectare within the limits of forest villages boundaries has occurred. If such incidences occur before tendu auction, then the tendu collection shall not be carried out in such villages, and such villages will not be entitled for tendu bonus also. However, Government has relaxed this condition of exclusion of villages and areas affected by fire for Gadchiroli districts for the tendu season 2012.(Government letter no. MFP 2011/C.R.316/F-9 dated 30 March, 2012). 6) Each Deputy Conservator of Forests / Assistant Conservator of Forests / Range Forest Officers/ Round Officer /Forest Guard shall hold a meeting in each of the village in their jurisdiction to inform and make aware, the villagers about the ill effects of forest fires and also about the fact that they would be deprived from tendu collection wages and tendu bonus if the fires occurs in the tendu units and theira areas. Following modification (as communicated by Government of Maharashtra vide Govt. letter .no. MFP 2011/C.R.316/F-9 dated 29 March 2012) are added to the explanatory note above.

XIII.

PRUNING OF TENDU PLANTS

If the Licensee desires to do pruning of Tendu plants any where in the unit/group of units, he may do so after obtaining prior permission of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer concerned in writing and in such manner and during such period as may be directed by him from time to time. The Deputy Conservator of Forest/ Sub-Divisional Forest Officer is not bound to give such permission and he is also not bound to give any reason for refusal. Lopping and cutting of branches of trees or damaging trees in any other way is strictly forbidden. XIV

ILLICIT FELLING OF TREES IN THE UNIT (a)

The licensee should satisfy himself before taking over the possession of the unit about illicit felling of Tendu trees, if any, in the unit/group of units for which his offer has been accepted by the Government and report in writing about illicit felling of Tendu trees to the Dy. Conservator of Forests/ Sub-Divisional Forest Officer concerned immediately.

(b)

The Licensee shall handover the possession of the unit/group of units to the Dy. Conservator of Forests/ Sub-Divisional Forest Officer concerned not later than the 30th day of June 2012.

(c) The Dy. Conservator of Forests/ Sub-Divisional Forest Officer concerned shall arrange for the inspection of the unit at the time of handing over of the possession of the unit by the licensee. If during the inspection any illicit felling of Tendu trees in the licensed premises is noticed by the Dy. Conservator of Forests/ Sub-Divisional Forest Officer the Licensee shall be held responsible for the same. (d)

Any illicit felling of Tendu trees or attempt thereof noticed at any time from the date of taking over the possession of the unit or group of units by the Licensee to the date of handing over of the unit/group of units by him or failure on the part of the Licensee to prevent any such illicit felling of trees within the licensed area, shall be treated as breach of the contract.

(e) The Deputy Conservator of Forests/ Sub-Divisional Forest Officer may without prejudice to any other rights and remedies of the Government under the contract, shall impose following penalty in case of illicit felling of Tendu trees.

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S.No. 1. 2. 3.

girth of Tendu trees (cm) Upto 25 26 to 45 46 to 60 61 to 75 76 to 90 91 and above.

4. 5. 6.

penalty per tree (Rs) Nil 400 600 800 1000 1200

Above penalty shall be imposed in addition to the liability of the licensee for penal action under the provisions of the Indian Forest Act or under the provisions of any other Act. XV.

ACCOUNTS

The licensees shall maintain such accounts in such forms and furnish to the Deputy Conservator of Forests/ Sub-Divisional Forest Officer such periodical returns on such dates as may be specified in the agreement or prescribed from time to time by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer. XVI. LIST OF EMPLOYEES OF THE LICENSEES The licensees shall also furnish the list of persons employed by him within the unit with their specimen signatures and all such persons as are objected to by the Deputy Conservator of Forests/ Sub-Divisional Forest Officer shall be removed from the employment by the Licensees. XVII. TRANSFER OF CONTRACT (i) The licensees shall not, without obtaining the prior specific consent in writing thereto of the Conservator of Forests/ Chief Conservator of Forests (Territorial) in whose jurisdiction the unit(s)/group of units in respect of which the offer of the licensee has been accepted by the Government is/are situated, transfer or assign in any manner whatsoever his right, title and interest in or benefit of the contract. (ii)

Alongwith his application for permission to assign for transfer, the licensee shall:

(a) pay to the Government as Transfer Fee an amount equivalent to 10 per cent of the total value of the offer accepted by the Government or Rs. 10,000 whichever is less and (b) forward an undertaking in writing duly signed by the proposed Transferee of the contract agreeing to execute within 7 days of the receipt by him of the order of the said Chief Conservator of Forests (Territorial) sanctioning the transfer of the contract by the Licensee to the Transferee, an agreement in the prescribed form agreeing inter alia to pay for amount offered by him to observe all the Terms and Conditions of Contract as if the Transferee had been originally a party to and had executed the agreement. (iii) If the said Transferee fails or neglects to duly execute the agreement as aforesaid, then without prejudice to any other rights, remedies and power of the Government, Government shall be entitled to cancel the order sanctioning the Transfer of Contract by the Licensee in favour of the Transferee and to forfeit the entire amount of the transfer fee paid by the Licensee to the Government alongwith his application for transfer as aforesaid. And on such cancellation of the order, the Licensee shall continue to be liable to duly carry out, observe and perform all the Terms and Conditions of Contract as if such application for transfer had not been made by him. XVIII.

SUMMARY TERMINATION

In the event of the contractor's being a natural person or a partnership firm and being adjudged insolvent or being limited company taken into liquidation or otherwise winding up their business or

43

making arrangements with their creditors or failing to duly observe and perform any of the terms and conditions of the contract or any of terms and conditions governing the contract, the respective territorial Chief Conservator of Forests (Territorial) in whose jurisdiction the area of the contract is situated shall be at liberty to terminate the contract forthwith without prejudice to any other rights or remedies under the contract and to resell the units/group of units at the risk and cost of licensee and claim from the licensee, all the resultant losses sustained or costs incurred thereby. XIX. GOVERNMENT NOT RESPONSIBLE FOR NATURAL CALAMITIES OR ACT OF THIRD PARTIES The licensee shall not be entitled to claim any compensation whatsoever for any loss or damage that may be sustained by him on account of fire, rains, tempest, disease, pest, flood, drought or any other natural calamities or by reasons of any wrongful acts committed by any third party or for any other reason whatsoever. XX.

DISPOSAL OF DISPUTES AND DIFFERENCES

In the event of any dispute or difference whatsoever arising between the parties hereto either during the subsistence of the agreement to be executed under the provisions of clause VIII hereto or thereafter, as to the interpretation of the terms and conditions of the contract or of the said agreement or as to the rights, duties and obligations of all the parties hereunder or as to any other matter whatsoever arising out of in relation thereto or concerning the same, the decision thereon of the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur, shall be final and binding on all the parties concerned. XXI.

LICENSEE DEEMED TO BE AGENT

The Licensee shall be deemed to be an Agent of the Government for the unit/group of units appointed under the said Act and said Rules.

(Dr. Ramanuj Choudhary) Additional Principal Chief Conservator of Forests, (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur

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FORM OF AGREEMENT THIS AGREEMENT made this.....................................day of.................................................... BETWEEN THE GOVERNOR OF MAHARASHTRA in exercise of the executive power of the Government or the State of Maharashtra (hereinafter referred to as the Government) (which expression shall, unless the context does not so admit include his successors, authorised representatives and assignee of the one part) and Shri ..............................................................................son of....... ...... .............. .................................... ...........residing at............................................. village..................... Town, Post ..............................................District ...................... and carrying on business of .........................in the name and style of ................ at........... Shri. ............................................ son of ............... ........................................ residing at .........................................both / all carrying on business in partnership of ........................................ in the firm, name and style of .....................................at .............................../ * ...................................... of limited, a company registered under the Companies Act, 1956* (I of 1956) / *The Indian Companies Act 1913 (VII of 1913 ) and having its registered office at .............................................. * a society registered under the Bombay /* Maharashtra Co-operative Societies Act 1925/* 1960 and having its registered office at .........................................and having Permanent Account No. ............................Dated ..........................under Sub-Section (4) of Section 139-A of the Income Tax Act 1961, issued by the Income Tax Officer/ which was submitted alongwith the form of offer (hereinafter referred to as “the Licensees” ) (which expression shall, unless the context does not so admit, include his heirs, executors and administrators/the survivors or survivor of them, the heirs, executors and administrators of the last survivor/* the partners for the time being of the said firm / its successors and his / their /its permitted assignees ) of the other part ( * strike out whichever is not applicable). WHEREAS, trading in Tendu Leaves in the State of Maharashtra is regulated by the provisions of the Maharashtra Forest Produce (Regulation of Trade) Act 1969 (LVII of 1969) and the Maharashtra Forest Produce (Regulation of Trade in Tendu Leaves) Rules 1969, made under the said Act and any statutory modifications thereof ; AND WHEREAS, the Government invited sealed offers from intending Licensees for having permission to collect and remove Tendu leaves from different Tendu units constituted under the Maharashtra Forest Produce (Regulation of Trade) Act 1969 (hereinafter referred to as the said Act) on the Terms and Conditions of Offer and on the Terms and Conditions of the Contract annexed to the notice inviting offers vide notice No. ................................... ...................................... dated....................................... AND WHEREAS, the Government accepted the offer submitted by the Licensee pursuant thereto for unit/ group of units No.s. ..................................................... in....................................... Forest Division/ Sub-Division, more fully described in the Schedule hereunder (hereinafter referred to as the "the said Units") for the period ending 31st December 2012 on the said Terms and Conditions of Offer and Terms and Conditions of Contract hereto annexed and which form part and parcel of this Agreement as well as or the Terms and Conditions hereinafter appearing; AND WHEREAS, as per Condition VIII of the Terms and Conditions of Contract the Licensee whose aforesaid offer has been accepted by Government is required to execute an agreement within fifteen days from the date of issue of letter of acceptance in his favour or within such extended period as specified therein being in fact these presents.

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NOW, THESE PRESENT WITNESS AND IT IS HEREBY AGREED AND DECLARED BY and between the parties hereto as follows:1. In consideration of the Licensee duly paying to the Government the amount of his offer as hereinafter provided and agreeing to duly observe and perform the terms and conditions of offer, the terms and conditions of the contract and the terms and conditions hereinafter contained, the Government doth hereby grant unto the Licensee on the terms and conditions hereinafter contained, licensee to enter into and collect and remove Tendu Leaves from unit/ group of units Nos .................................................... in .................................................... Forest Division/ Sub-Division, more particularly described in the schedule hereunder written (hereinafter referred to as the said unit/group of units). 2. The Agreement shall commence from the ....................................day of.......................................................................... 2012 and shall remain in force upto the......................................... day of .................................................... 2012 unless earlier terminated under clause 8 hereof. 3. In consideration of the Government having granted permission to the licensee to enter into and collect and remove Tendu leaves from unit/ group of units No.s .................................................... in.................................................... Forest Division/ Sub-Division more fully described in the schedule hereunder written as aforesaid, the Licensee's does/do and each of them does hereby covenant with the Government as follows :(i) To pay to the Government the amount of his offer accepted by the Government plus the additional amount if any for the permissible collection in excess of the notified yield at the time and in the manner set out in condition No. V of the terms and conditions of contract. (ii) In addition to the amount of offer as aforesaid to pay to the Government Value added Tax, Forest Development Tax and Income Tax etc. as per condition No. VI of the Terms and Conditions of the Contract, and (iii) To pay the collection charges to the persons engaged for collecting leaves from Government Forest and other Government lands on the same day on which the leaves are delivered to him at the rate indicated in column No. (3) Of the table given in sub- condition (vii) of condition X of Terms and Condition of Contract. (iv) To pay to the Government upto Rs. 1,000 for each omission or default committed by the Licensee or by his representatives or persons employed by him in contravention of the provisions of the said Act and Rules made thereunder as per the Terms and Conditions of the Contract. (v) To pay to the growers, if any, other than the Government for the Tendu Leaves which may be offered for sale to the licensee by them at such price and in such manner that may be fixed by the Government as per condition No. VII of the Terms and Conditions of the Contract. (vi)

(a) Kindling of fire in the forest within the tendu unit / group of units area and its vicinity including smoking and carrying matchboxes is strictly for-bidden during the fire season. (b) It shall be the responsibility of the Grampanchayats, under whose jurisdiction the tendu unit/group of units fall and the tendu leaves collectors, who benefit from such tendu collection in terms of wages and incentives, to prevent fires in respective tendu units/group of units and its vicinity and also extinguish fires if any, in such units/group of units during the period 15th January to 15th June and do everything that is possible to do to prevent any kindling or spread of fire in the areas of such units/group of units.

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(c) It shall be the responsibility of the Purchaser to prevent kindling and spread of fire in the tendu unit / group of units. (d) In case fire is kindled, and its spread is beyond one hectare in a tendu unit during the period 1st January to the date of auction, that is, before tendu leaves are auctioned and sold to a particular licensee, the auction of such tendu units in which such forest area falls, shall not be done and also shall be withdrawn from the auction if it has been advertised or proposed for auction. The Grampanchayats or the gramsabha and tendu leaves collectors, who were likely to benefit from the auction of such units, shall not be entitled for any compensation for the loss caused to them due to cancellation of such auction/sale of tendu units/group of units. (e) If a fire is kindled and its spread beyond one hectare in the area of a tendu unit/group of units which has been successfully sold to a bidder/licensee in any auction, the said auction/sale shall be cancelled with immediate effect and no compensation shall be paid to the licensee for the loss or damage caused to such licensee due to such cancellation. The Earnest Money Deposit/Security Deposit, if any, shall also be forfeited in such cases. (f) The Chief Conservator of Forests (Territorial) of the concerned Circle shall be the authority to take action as mentioned above. However he shall make suitable enquiry to established the facts and satisfy himself through available evidences and records before passing an order for cancellation. He shall also be responsible for checking the cases of fires and provide valid information for appropriate decisions at the state level at the time of auction of tendu unit/group of units in his area. EXPLANATORY NOTE :( It has come to the notice of the Government that in several cases fires are kindled in forest area of tendu unit/group of units during the period January onwards with the expectation that as a result of fire such flush of tendu leaves would come. Due to such fires almost entire forest area in tendu units or in the vicinity, burns every year and irreversible damage is done to the natural re-generation, fallen seeds, nests and habitats of microfauna, wild life and the ground flora including the valuable biodiversity of the area. The various Acts and Regulations have cast responsibilities on the citizens, Grampanchayats/gramsabhas to protect the forest from the damages caused due to such fires by taking preventive measures. In order to prevent fires due to tendu trade, the strict measures as suggested above are considered essential and it is believed that due to such measures sustainable harvesting of tendu leaves, due to which huge economic benefits accrue to the local people and tendu leaves collectors during tendu season, would continue without causing any damage to the forest in the tendu units/group of units or in the vicinity.) The following clauses are being included in the explanatory note of condition No. XII of tendu tender for tendu season 2012. ( as per Government G.R. no. MFP 2011/C.R.316/F-9 dated 2 March, 2012) 1) Tendu unit purchaser/Licensee should make active and effective efforts to implement preventive measures against forest fires in the forest area / Tendu Unit area. For this, after acceptance of tendu tender and after the names of bidder /licensee is finalized, the concerned Deputy Conservator of Forests shall discuss with licensee and prepare a forest fire preventive scheme. Licensee should appoint at least five fire watchers for each unit at his own expenses. Information about these fire watchers will be communicated by the licensee to concerned Deputy Conservator of Forest/Range Forests Officer & Assistant Conservator of Forest of the Forest Department. 2) Wide publicity and campaigning should be carried out by licensee to the effect that the forest fire kindled/ occurred in the forests is detrimental / injurious to forests and environment, and such fires are not beneficial for growth of tendu leaves but very harmful. Such publicity should be done in each village of concerned tendu unit and for this, required handbills, display boards etc. should be prepared and

47

displayed by tendu licensee. Also they should take meetings in each village and acquaint all the villagers about the same. 3) The tendu licensee/contractor will inform the forest department as soon as the forest fire occurs and all possible efforts shall be made by tendu licensee and forest department to extinguish such forest fire. 4) If a certificate by concerned Deputy Conservator of Forests concerned is issued that implementation of preventive measures are carried out adequately and there is no laxity on part of licensee/ contractor, then in that case, even if the fire occurred in the tendu unit of the concerned contractor, the said auction/sale shall not be cancelled and earnest money deposit/security deposit shall not be forfeited. However, the licensee/contractor shall be liable for punishment/penalty as provided below. He shall also be liable for recovery of financial loss to the forest wealth resources. The punishment/penalty proposed for the burnt area of the concerned Tendu unit is as under. a) b) c)

Up to 5% of the Tendu unit area burnt- Rs.5000/ ha. 5% to 10% of the Tendu unit area burnt- Rs. 10000/ ha. Above 10% of the Tendu unit area burnt - Rs. 20000/ ha.

(The Government vide its letter no. MFP 2011/C.R.316/F-9 dated 29 March, 2012 has issued modified instruction and stated that penalty will be per unit, instead of per ha. ) 5) The Deputy Conservator of Forests shall prepare a list of all villages in his jurisdiction where the incidences of fire on the forest area of more than 1 hectare within the limits of forest villages boundaries has occurred. If such incidences occur before tendu auction, then the tendu collection shall not be carried out in such villages, and such villages will not be entitled for tendu bonus also. However, Government has relaxed this condition of exclusion of villages and areas affected by fire for Gadchiroli districts for the tendu season 2012.(Government letter no. MFP 2011/C.R.316/F-9 dated 30 March, 2012). 6) Each Deputy Conservator of Forests / Assistant Conservator of Forests / Range Forest Officers/ Round Officer /Forest Guard shall hold a meeting in each of the village in their jurisdiction to inform and make aware, the villagers about the ill effects of forest fires and also about the fact that they would be deprived from tendu collection wages and tendu bonus if the fires occurs in the tendu units and their areas. 4. If the licensees desires to store the Tendu leaves in his own / hired godown duly approved for this purpose by the Deputy Conservator of Forests / Sub- Divisional Forest Officer concerned, the leaves shall be kept under the custody, watch, ward, supervision and at the r isk of the licensee but under the control of the Deputy Conservator of Forests / Sub Divisional Forest Officer concerned and on the conditions that the Deputy Conservator of Forests / Sub-Divisional Forest Officer or the Range Forest Officer shall have full access and control over the stock by putting the departmental lock to the godowns or by any other device as may be ordered by the Deputy Conservator of Forests / Sub-Divisional Forest Officer. The licensee shall insure the leaves stored by him in the godowns with the Government Insurance Fund against loss or damage by theft, fire, strike, riot and civil commotion for the sum equivalent to the cost of leaves at the amount of offer. Provided, however that, if the leaves are stored in godowns belonging to the Government and hired by the licensee shall, in addition, thereto also insure the building in which the said godowns are situated against the aforesaid risks.

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5. The amount of the installment of offer for the notified yield and the additional proportionate amount for the additional permissible collection of leaves not exceeding 25% of the notified yield as the case may be, payable by the licensees hereunder shall not be deemed to have been paid unless the Value added Tax, Income Tax and Forest Development Tax payable, alongwith it as required by condition VI of the Terms and Conditions of Contract is paid. The Licensee will also be responsible for subsequent liabilities of payment, if any, including payment of additional sum on account of value added tax imposed by the Sales Tax Department or Forest Department of the State Government or by Central Government and Forest Development Tax imposed by the Forest Department of the State Government and Income Tax imposed by the Central Government in respect of Tendu leaves sold to him under this agreement. 6. The licensee hereby binds himself to perform all acts and duties required to be done by him and to abstain from doing himself, his servants and agents or performing any act forbidden by or under the provisions of the said Act, and the rules made thereunder, the Indian Forest Act 1927 and the Rules made thereunder in so far as they are applicable in the context of this Agreement. 7. If the licensee commits a breach of any of the terms and conditions of this Agreement and it is not proposed to terminate the agreement on account of any such breach, Deputy Conservator of Forests / SubDivisional Forest Officer may impose a penalty not exceeding Rs. 1,000 for each breach. An appeal against such order shall lie to the Chief Conservator of Forests (Territorial) in whose jurisdiction the unit/group of units is situated. The licensee may within 30 days of the receipt by him of the order passed by such Chief Conservator of Forests (Territorial) appeal to the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur against the order passed by such Chief Conservator of Forests (Territorial). 8. If the Licensee fails or neglects to duly pay the amount of his said offer for the notified yield and the additional proportionate amount for the additional permissible collection of leaves not exceeding 25% of the notified yield, together with the Value added Tax, Forest Development Tax, Income Tax etc. as hereinbefore provided and/or to duly observe and perform any of the terms and conditions hereof; then without prejudice to any other right, remedies and powers of the Government, this Agreement shall stand forthwith terminated and in the former case the said amount of security deposit and in the later case security deposit and the entire amount of his said offer and the additional proportionate amount, if any, for the additional permissible collection of leaves paid till then shall stand forfeited to the Government alongwith the tendu leaves collected by the licensee. In such event the Government may, if it so thinks fit, proceed to dispose of the Tendu leaves in the said unit/group of units in such manner as the Government may in its absolute discretion thinks fit at the sole risk and at the cost, charges and expenses of the Licensee and Licensee will be liable to pay to the Government the loss if any, sustained by the Government as a result thereof, but he shall not be entitled to any profit that may accrue to the Government as a result thereof. 9. The provisions of the said Act and the Rules made thereunder particularly regarding transport of Tendu leaves shall be applicable to the transport of Tendu leaves by the Licensee under this agreement. 10. If in the course of carrying out this contract any injury is caused to any person whosoever, whether fatal or otherwise or any damage is caused to the property belonging to any person whosoever and a claim for such injury, loss of life or damage is made against the Government by any person whosoever then the licensee shall pay the Government forthwith on demand in that behalf by the Government the amount which, the Government may pay or may be held liable to pay in respect of such claim including all cost, charges and expenses sustained or incurred by the Government and incidental to such claim. 11. All penalties and other dues arising out of this agreement shall be paid by the licensee within 15 days of the receipt by him of notice of demand for payment failing which the same may be recovered as arrears of land revenue from him.

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12. The licensee shall not be entitled to claim any compensation whatsoever for any loss or damage that may be sustained by him on account of fire, rains, tempest, disease, pest, flood, drought or any other natural calamities or by reason of any wrongful acts committed by third party or for any other reason whatsoever. 13. The licensee shall maintain such accounts in such forms and shall submit such periodical returns on such dates as may be prescribed from time to time by the Deputy Conservator of Forests / Sub-Divisional Forest Officer concerned. 14. If the licensee desires to do pruning in any area included in the unit/group of units he may do so but without any claim for payment and without in any way prejudicing the right of the Government over the leaves in the unit provided that, pruning will be done only after obtaining the prior permission of the Deputy Conservator of Forests/ Sub-Divisional Forest Officer of independent sub-division, in writing and in such manner and during such period as may be directed by her/ him from time to time. 15. The licensee should satisfy himself before taking over the possession of the unit about illicit felling of Tendu trees if any, in the unit/group of units purchased. The Deputy Conservator of Forest / SubDivisional Forest Officer concerned shall arrange for the inspection of the areas at the time of taking over the possession of the areas from the licensee, Illicit cutting of Tendu trees noticed if any in the area during the period of possession of unit/group of units by the Licensee, the Licensee shall be held responsible for the same. Any attempt of collection of Tendu leaves by illicit felling of trees shall be the breach of terms and conditions of the agreement. The licensee shall be liable to pay the penalty for the illicit felling of Tendu trees as follows:-

1. 2. 3. 4. 5. 6.

Girth of Tendu Trees (in cm.) up to 25 26 to 45 46 to 60 61 to 75 76 to 90 91 and above

Penalty per tree (Rs) Nil 400 600 800 1000 1200

Above penalty shall be imposed in addition to the liability of the licensee for penal action under the provisions of the Indian Forest Act or under the provisions of any other Act. 16. The licensee may within 30 days of the receipt by him of any order passed by the Deputy Conservator of Forests / Sub-Divisional Forest Officer appeal against the same to the Chief Conservator of Forests (Territorial) in whose jurisdiction the unit is situated. If no appeal is filed within the said period the decision of the Deputy Conservator of Forest / Sub-Divisional Forest Officer concerned shall be final and binding on the licensee. The licensee may within 30 days of the receipt by him of the order passed by such Chief Conservator of Forests (Territorial) appeal to the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur against the order passed in appeal by such Chief Conservator of Forests (Territorial) IN WITNESS WHEREOF, The Governor of Maharashtra has caused............................. .............................. to hereto set his hand and affix the seal of his office for and on his behalf and .......................................................... to the licensees above names has/have hereto set his/their respective hands the common seal of the Licensee Company has been hereto affixed the day and year first herein above written.

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FIRST SCHEDULE ABOVE REFERRED TO Circle

(1)

Division

(2)

Range Unit No. Name of Unit

(3)

(4)

(5)

Notified yield (approximately) in standard bags

Boundaries of the Unit

(6)

(7)

SECOND SCHEDULE ABOVE REFERRED TO List of collection centres in the unit SIGNED, SEALED AND DELIVERED by

For and On behalf of the Governor of Maharashtra in the presence of witnesses:1. _______________________________ 2.________________________________ SIGNED AND DELIVERED BY:Shri________________________________ Shri_________________________________etc. the licensee/s above named in the presence of :1._____________________________________ 2.______________________________________ THE COMMON SEAL of the_______________________________________________ Company pursuant to the Resolution of the Board of Directors of the said Company passed at its meeting duly convened and held on the__________ day of __________________________ hereto affixed in the presence of :1. ____________________________________________and 2. ____________________________________________ Being respectively the General Manager/ Managing Director/ Secretary/ Director/and/or the two Directors of the said company who in token thereof have hereto set their respective hands in the presence of :1._____________________________________________ 2._____________________________________________ Signature of the Licensee.

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GOVERNMENT OF MAHARASHTRA

OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF FOREST FORCE) MAHARASHTRA STATE, NAGPUR TENDER NOTICE INVITING OFFERS FOR PERMISSION TO COLLECT AND REMOVE TENDU LEAVES FOR 2012 SEASON

1. Sealed offers in the prescribed form are invited for permission to collect and remove Tendu leaves from various Tendu units / groups of units which are specified in the list given in the Notice for 2012 Tendu season. The details of availability of offer forms, dates for submission and opening of offers are given below. Round of auction 1 3rd round

Tendu Units

2 Units lying in the jurisdiction of Chandrapur, Gadchiroli, Nagpur, Yavatmal, Amravati, Aurangabad, Dhule, Nashik, & Thane Forest Circles.

Period of availability of forms of offer for purchase 3

Date & Time for acceptance of offers

Date & Time of opening of offers

Place of opening of offers

4

5

02/04/2012

03/04/2012 10.30 hrs to 05.00 hrs

04/04/2012 From 09.00 hrs onwards

6 ‘Dr. VASANTRAO DESHPANDE SABHAGRUH’ in front of MLA Hostel, Civil Lines, Nagpur

2. The Forms of Offer can be purchased during office hours on working days, from Dy. Conservator of Forests (Territorial) concerned on payment of Rs. 200 ( non-refundable), during the period mentioned in column number 3 of the table above. 3. The Forms of Offer for all the rounds of auction shall be submitted to the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur or the officers authorized by him at “ VAN SABHAGRUH ” (OLD VAN BHAVAN) NEAR INCOMTAX OFFICE, SEMINARY HILS, Nagpur on the date mentioned in column number 4 of the table above. 4. Registered Manufacturers of Bidis and exporters of Tendu leaves only can submit offers. For details of notice inviting offer, terms and conditions of contract and the agreement form, please contact the territorial Dy. Conservator of Forests /Chief Conservator of Forests (Territorial) concerned or the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) office of the Principal Chief Conservator of Forests (Head of Forests Force), M. S. Nagpur at VAN BHAVAN, Ramgiri Road, Near Police Gymkhana, Civil line, Nagpur.

Nagpur

Dated:- 31 /03/2012

( Dr. Ramanuj Choudhary ) Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation)

Maharashtra State, Nagpur

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-: C O R R I G E N D U M-I :(Corrigendum to the tender notice approved by G.R.No. MFP 2011/C.R. 316/F-9 dated 19 December 2011 & dated 28 December, 2011) .

In continuation to this office tender notice No. Desk 20(2)/ CR-18 /1361 of 2011-12, Nagpur, Dated 17/01/2012, the Government G.R.No. MFP 2011/C.R. 316/F-9 Mantralaya, Mumbai dated 2 March 2012 have modified the condition No. XII. In pursuant to that, condition No. XII is amended as below. Except this, all other conditions of tender notice will remain same as published vide tender notice No. Desk 20(2)/ CR-18 /1361 of 2011-12, Nagpur, Dated 17/01/2012. The following clauses are being included in the explanatory note of condition No. XII of tendu tender for tendu season 2012. 1)

Tendu unit purchaser/Licensee should make active and effective efforts to implement

preventive measures against forest fires in the forest area / Tendu Unit area. For this, after acceptance of tendu tender and after the names of bidder /licensee is finalized, the concerned Deputy Conservator of Forests shall discuss with licensee and prepare a forest fire preventive scheme. Licensee should appoint at least five fire watchers for each unit at his own expenses. Information about these fire watchers will be communicated by the licensee to concerned Deputy Conservator of Forest/Range Forests Officer & Assistant Conservator of Forest of the Forest Department. 2)

Wide publicity and campaigning should be carried out by licensee to the effect that the

forest fire kindled/ occurred in the forests is detrimental / injurious to forests and environment, and such fires are not beneficial for growth of tendu leaves but very harmful. Such publicity should be done in each village of concerned tendu unit and for this, required handbills, display boards etc. should be prepared and displayed by tendu licensee. Also they should take meetings in each village and acquaint all the villagers about the same. 3)

The tendu licensee/contractor will inform the forest department as soon as the forest

fire occurs and all possible efforts shall be made by tendu licensee and forest department to extinguish such forest fire. 4)

If a certificate by concerned Deputy Conservator of Forests concerned is issued that

implementation of preventive measures are carried out adequately and there is no laxity on part

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of licensee/ contractor, then in that case, even if the fire occurred in the tendu unit of the concerned contractor, the said auction/sale shall not be cancelled and earnest money deposit/security deposit shall not be forfeited. However, the licensee/contractor shall be liable for punishment/penalty as provided below. He shall also be liable for recovery of financial loss to the forest wealth resources. The punishment/penalty proposed for the burnt area of the concerned Tendu unit is as under. a)

Up to 5% of the Tendu unit area burnt- Rs.5000/ ha.

b)

5% to 10% of the Tendu unit area burnt- Rs. 10000/ ha.

c)

Above 10% of the Tendu unit area burnt - Rs. 20000/ ha.

5)

The Deputy Conservator of Forests shall prepare a list of all villages in his

jurisdiction where the incidences of fire on the forest area of more than 1 hectare within the limits of forest villages boundaries has occurred. If such incidences occur before tendu auction, then the tendu collection shall not be carried out in such villages, and such villages will not be entitled for tendu bonus also. 6)

Each Deputy Conservator of Forests / Assistant Conservator of Forests / Range Forest

Officers/ Round Officer /Forest Guard shall hold a meeting in each of the village in their jurisdiction to inform and make aware, the villagers about the ill effects of forest fires and also about the fact that they would be deprived from tendu collection wages and tendu bonus if the fires occurs in the tendu units and their areas.

Nagpur Dated:- 31 /03/2012

( Dr. Ramanuj Choudhary ) Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur

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-: C O R R I G E N D U M-II :(Modification to the conditions of tender notice issued vide Government letter no. MFP 2011/C.R. 316/F-9 dated 2.3.2012) .

It is informed that the Government of Maharashtra vide Govt. letter no. MFP 2011/C.R. 316/F-9 dated 29.3.2012

has issued instructions that the penalty mentioned as per G.R. dt. 2 March

2012 will be applied per unit, instead of per ha., if fire takes place in the unit after the auction of Tendu units. (letter enclosed)

(Dr. Ramanuj Choudhary) Addl. Principal Chief Conservator of Forests (NTFP, Monitoring & Evaluation) Maharashtra State, Nagpur

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-: C O R R I G E N D U M-III :(Corrigendum to the tender notice issued vide Government letter no. MFP 2011/C.R. 316/F-9 dated 2 March 2012) .

It is informed that the Government of Maharashtra vide letter no. MFP 2011/C.R. 316/F-9 of dt. 30 March 2012 has further relaxed the condition of exclusion of villages and areas affected by fire for Gadchiroli distt. for the tendu season 2012.(letter enclosed)

(Dr. Ramanuj Choudhary) Addl. Principal Chief Conservator of Forests (NTFP, Monitoring & Evaluation) Maharashtra State, Nagpur

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VAN BHAVAN, Ramgiri Road, Near Police Gymkhana , Civil line, Maharashtra State, NAGPUR-440 001,

Dispatch Clerk, Office of the Additional Principal Chief Conservator of Forests (NTFP, Monitoring and Evaluation) Maharashtra State, Nagpur

To

(Printed matter)

BOOK-POST

O. I. G. S

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