appendix (1), (a–1.02.07) statement showing … _82 pages_.pdfstatement showing circlewise &...
TRANSCRIPT
249
Appendix (1), (A–1.02.07)
Statement showing Circlewise & Divisionwise existing Range, Round & Beats
Agency Circle
Forest land
including Private
forest (sq.km)
Division Sub-
Division Total
Average forest
land of division
(sq.km.)
No.of
Ranges
Average forest
land of Ranges
(sq.km.)
No.of
Rounds
Average forest
land of Rounds
(sq.km.)
No.of
Beats
Average forest
land of Beats
(sq.km.)
2 3 4 5 6 7 8 9 10 11 12 13 14
Territorial S.Chandrapur 9503.873 4 0 4 2375.968 23 413.212 105 90.513 468 20.307
Territorial N.Chandrapur 5773.340 4 0 4 1443.335 32 180.417 122 47.322 499 11.570
Territorial Yeotmal 3059.441 4 0 4 764.860 24 127.477 86 35.575 353 8.667
Territorial Nagpur 4760.300 4 0 4 1190.075 46 103.485 219 21.737 975 4.882
Territorial Nashik 4329.130 3 0 3 1443.043 22 196.779 90 48.101 282 15.352
Territorial Amravati 2513.370 4 0 4 628.343 19 132.283 70 35.905 275 9.140
Territorial Thane 4590.530 6 0 6 765.088 51 90.010 244 18.814 769 5.969
Territorial Pune 1805.110 3 1 4 451.278 26 69.427 89 20.282 269 6.710
Territorial Dhule 5695.009 5 0 5 1139.002 36 158.195 126 45.198 408 13.958
Territorial Auragabad 2636.070 3 2 5 527.214 22 119.821 88 29.955 376 7.011
Territorial Kolhapur 3740.090 3 2 5 748.018 29 128.969 105 35.620 337 11.098
Total
Territorial 48406.263 43 5 48 1008.464 330 146.686 1344 36.017 5011 9.660
Wildlife Mumbai 1458.910 4 0 4 364.728 22 66.314 63 23.157 181 8.060
Wildlife Nashik 1257.630 3 0 3 419.210 17 73.978 39 32.247 144 8.734
Wildlife Nagpur 1608.354 4 0 4 402.089 11 146.214 26 61.860 123 13.076
Wildlife T.P. Melghat 1944.454 3 0 3 648.151 13 149.573 68 28.595 229 8.491
Total Wildlife 6269.348 14 0 14 447.811 63 99.513 196 31.986 677 9.260
Grand Total 54675.611 57 5 62 881.865 393 139.124 1540 35.504 5688 9.612
250
Abstract.
S.N. Circle Division Sub-
Division Total
No.of
Ranges
No.of
Rounds
No.of
Beats
1 2 3 4 5 6 7 8
1 S.Chandrapur 4 0 4 23 105 468
2 N.Chandrapur 4 0 4 32 122 499
3 Yeotmal 4 0 4 24 86 353
4 Nagpur 4 0 4 46 219 975
5 Nashik 3 0 3 22 90 282
6 Amravati 4 0 4 19 70 275
7 Thane 6 0 6 51 244 769
8 Pune 3 1 4 26 89 269
9 Dhule 5 0 5 36 126 408
10 Aurangabad 3 2 5 22 88 376
11 Kolhapur 3 2 5 29 105 337
Total Territorial 43 5 48 330 1344 5011
12 Mumbai (WL) 4 0 4 22 63 181
13 Nashik(WL) 3 0 3 17 39 144
14 Nagpur(WL) 4 0 4 11 26 123
15 T.P. Melghat(WL) 3 0 3 13 68 229
Total Wildlife 14 0 14 63 196 677
Grand Total 57 5 62 393 1540 5688
251
Appendix (2), (A -1.02.10, 3.04)
Cadrewise sanctioned posts in Forest Department & Social Forestry, vide R & FD NO- MSC -
1099/C.R 11/F-2, Dated 10/01/2003 & Water Conservator Department G. R. No. Estt/CR-
159/(2)/jal-13, dated 29th
December, 2007
Sanctioned post
Forest Department SFD
S.N. Name of the Post
Pmt.Post Tem.Post G.Total San.Post.
G. Total
1 Administrative Officer 0 1 1 0 1
2 Accountant 279 522 801 64 865
3 Asstt.Cons.of Forest / Asstt.Dy.
Director 103 120 223 54 277
4 Armed Constable 3 147 150 0 150
5 Asstt.Forest Statistician 5 4 9 0 9
6 Asstt.Medical Officer 4 2 6 0 6
7 Asstt.Forest Engineer 1 2 3 0 3
8 Asstt.Libraian 1 0 1 0 1
9 Astt.Curator 0 1 1 0 1
10 Awwal Clerk(deputation) 0 5 5 0 5
11 Artist 0 3 3 1 4
12 Asstt.Draftsman 0 2 2 0 2
13 Auto Electrician 1 1 2 0 2
14 Asstt.Mechanic 0 8 8 0 8
15 Asstt.Welder 0 1 1 0 1
16 Air Compressor Operator 1 0 1 0 1
17 Animal Keeper 0 4 4 0 4
18 Asstt.cook 0 6 6 0 6
19 Auditor 0 0 0 1 1
20 Asstt. Publicity Officer 0 0 0 2 2
21 Blacksmith 1 0 1 0 1
22 Box Boy 0 1 1 0 1
23 CCF/Director 0 8 8 1 9
24 Conservator of Forest / Joint Director 11 10 21 7 28
25 Chief Forest Statistician 1 0 1 0 1
26 Chief Accountant 88 36 124 35 159
27 Cleaner 84 99 183 34 217
28 Clerk 822 529 1351 336 1687
29 Class Room Attendant 0 1 1 0 1
30 Compounder 6 1 7 0 7
31 Constable 0 18 18 0 18
32 Commercial Sale Acctt. 0 1 1 0 1
33 Cabin Attendant 0 1 1 0 1
34 Care Taker 0 4 4 0 4
35 Chainman 1 10 11 0 11
36 Characutter 17 4 21 0 21
37 Daftari 20 4 24 0 24
38 Dak Runner 1 12 13 0 13
39 Dark Room Attendant 0 1 1 0 1
40 DCF 56 27 83 0 83
41 Dy.Accountant 0 1 1 0 1
252
42 Director 1 0 1 0 1
43 DFO 8 25 33 0 33
44 Draftsman 0 4 4 0 4
45 Driver 208 328 536 120 656
46 Driller 1 0 1 0 1
47 Dy.Forest Engg. 6 6 12 0 12
48 Dy.Mech.Enginner 1 0 1 0 1
49 Dy.Director 0 32 32
50 Dhobi 0 2 2 0 2
51 Electrician 1 7 8 0 8
52 Forest Statistician 1 1 2 0 2
53 Forest Engineer 1 0 1 0 1
54 Forest Guard 5199 3572 8771 0 8771
55 Forester 1441 1112 2553 468 3021
56 Forest Settlement Officer 1 4 5 0 5
57 Fitter 4 1 5 0 5
58 Gangman 0 2 2 0 2
59 Gatekeeper 0 2 2 0 2
60 Groundman 0 1 1 0 1
61 Head Police 1 2 3 0 3
62 House Master 0 2 2 0 2
63 Helper 0 8 8 0 8
64 Jr.Statistical Asstt. 22 27 49 3 52
65 Jr. Forest Engineer 4 6 10 0 10
66 Keyman 0 1 1 0 1
67 Keeper (Bodha Rakshak) 5 0 5 0 5
68 Khalasi 9 6 15 0 15
69 Khansama 13 20 33 0 33
70 Khansama cum watchman 6 0 6 0 6
71 Launch Tandel 1 0 1 0 1
72 Launch Driver 2 3 5 0 5
73 Log Lifter 2 0 2 0 2
74 Latheman 4 0 4 0 4
75 Laboratory Attendant 2 2 4 0 4
76 Library Assistant 0 1 1 0 1
77 Head Accountant 0 1 1 0 1
78 Medical Officer 1 0 1 0 1
79 Mechanic 18 6 24 0 24
80 Mali 67 85 152 23 175
81 Midwife 4 0 4 0 4
82 Mahavat 19 0 19 0 19
83 Mini Train Guard 0 1 1 0 1
84 Mini Train Cleaner 0 1 1 0 1
85 Mini Train Driver 0 1 1 0 1
86 Mast Laskar 0 2 2 0 2
87 Message Runner 0 2 2 0 2
88 Museum Assistant 0 1 1 0 1
89 Nodal Officer 0 1 1 0 1
90 Naik 27 9 36 0 36
91 Nakedar 0 2 2 0 2
92 Office Superintendant 19 12 31 7 38
253
93 PCCF 0 1 1 0 1
94 P.A. 6 3 9 1 10
95 Peon 259 163 422 104 526
96 Pan Cleaner 0 2 2 0 2
97 Perm.Labour 33 0 33 0 33
98 Police Sub-Inspector 0 4 4 0 4
99 Projector Operator 0 2 2 1 3
100 P.T.Master 1 0 1 0 1
101 Phy.Train.Intractor 0 1 1 0 1
102 Publicity officer 0 0 0 1 1
103 Plantation Kotwal 0 0 0 249 249
104 Ranger Surveyor 14 26 40 0 40
105 RFO / Plantation Officer 340 449 789 261 1050
106 Rev.Inspector (Deputation) 0 5 5 0 5
107 Redio Mechanic 0 2 2 0 2
108 Roneo Operator 1 0 1 0 1
109 Sawyer 7 0 7 0 7
110 Sectional Engineer 5 12 17 0 17
111 Saw Sharpner 1 0 1 0 1
112 Sr.Statistical Asstt. 12 4 16 1 17
113 SRP Driver 0 1 1 0 1
114 Steno (HG) 13 10 23 7 30
115 Steno (LG) 5 3 8 0 8
116 Steno Typist 24 40 64 28 92
117 Sub-Instructor 2 0 2 0 2
118 Surveyor 99 61 160 74 234
119 Storekeeper 3 6 9 0 9
120 Sharpner 0 1 1 0 1
121 Sweeper 2 31 33 0 33
122 Tandel 1 0 1 0 1
123 Tracer 6 6 12 0 12
124 Veterinary Officer 0 2 2 0 2
125 Workshop Superintendent 2 0 2 0 2
126 Welder 4 0 4 0 4
127 Wireless Operator 0 11 11 0 11
128 Wireless Driver 0 1 1 0 1
129 Wireless Helper 0 2 2 0 2
130 Wireless Operator (Fr.) 0 3 3 0 3
131 Wireless Technician 0 1 1 0 1
132 Wireman 2 0 2 0 2
133 Ward Boy 3 5 8 0 8
134 Waterman 1 10 11 24 35
135 Watchman 145 114 259 0 259
136 Publicity officer 0 0 0 0 0
137 Asst. PRO 0 0 0 0 0
138 Audit Officer 0 0 0 0 0
139 Lekha Niyantrak &FA 0 0 0 0 0
140 Company Sachiv 0 0 0 0 0
141 CAFO 0 0 0 0 0
142 P & Actt officer 0 0 0 0 0
143 Astt.Pay & Acctt. Officer 0 0 0 0 0
254
144 Senior Actt Auditor 0 0 0 0 0
145 Accountant Asst. 0 0 0 0 0
146 Dreser 0 0 0 0 0
147 Buldoger Operator 0 0 0 0 0
148 Assistants 0 0 0 0 0
149 Nursing arderly 0 0 0 0 0
Total 9596 7848 17444 1939 19383
150 Supernumerary Vanmjoor 7581 0 7581
Grand Total 9596 7848 25025 1939 26964
ABSTRACT.
Sanctioned Post.
Forest Department S.N. Group
pmt post Temp post G.Total SFD
G.Total
1 Group -A 190 204 394 94 488
2 Group -B 383 486 869 271 1140
3 Group -C 8323 6554 14877 1389 16266
4 Group -D 701 603 1304 185 1489
Total 9597 7847 17444 1939 19383
5 Supernumerary Vanmjoor 0 0 7581 0 7581
Grand Total 19194 7847 25025 1939 26964
255
Appendix (3), (A- 8.05.03)
ukxfjdkaph lun
izLrkouk %& eglwy iz'kklu yksdkfHkeq[k gks.;klkBh rlsp 'kklukP;k nSuafnu
dkedktkr ikjn'kZdrk vk.kwu egkjk"Vz 'kklukP;k eglwykckcrps loZlk/kkj.k /kksj.k
izHkkohi.ks jkcfo.;kph vko';drk y{kkr ?ksoqu xkoikrGhiklqu ftYgk ikrGhi;Zr ftYg;krhy
eglwy ;arzz.ks'kh fuxMhr dkekps fu;kstu o dk;Zi/nrhr vkeqykxz lq/kkj.kk dj.;kdfjrk
ukxfjdkaph lun ¼flVh>ku pkVZj½ gk midze eglwy o ou foHkkxkekiZr jkcfo.;kps fuf'pr
dsys vlwu eglwy o ou foHkkxkP;k vf/kiR;k[kkyhy ftYgk] rkywdk dk;kZy;kr jkcfo.;kr ;sr
vlysY;k dkedktkP;k lanHkkZr ;kiwohZ egkjk"Vz 'kklukus yksdkaP;k leL;k yodj
lksMfo.;klkBh ,d f[kMdh ;kstusps mn~nh"V Bsoys gksrs- R;k mn~nh"VkaP;k
iwrhZlkBh vkrk ukxfjdkaph lun jkcfo.;kpk fu.kZ; uO;kus egkjk"Vz 'kklukus ?ksrysyk
vkgs- tursyk R;kaP;k dkekckcr gks.kkjh xSjlks; VkG.;klkBh ;k izL:rkfor ;kstusph
fufeZrh dj.;kar vkyh vlwu tursps dke fofgr eqnrhP;k vkr d#u ?ksss;kpk gDd [k&;k
vFkkZus ;k ;kstusOnkjs izkIr gks.kkj vkgs- Eg.ktsp 'kklukus ,d izdkjs tursyk fnysyh gh
,d mRre lun vkgs- Eg.kwu ;k ;kstusl ukxfjdkaph lun vls lacks/k.;kar ;sr vkgs- ;k
;kstusP;k ladYiusr tursyk pkaxyh lsok ns.ks o dk;n;kaph vkf.k fu;ekaph vaeyctko.kh
lacaf/kr vf/kdk&;kOnkjs d#u ikjn'kZd iz'kklukph [kk=h tursyk djrk ;sbZy v'kk egRokP;k
ckchapk lekos'k izLrqr ;kstusr dj.;kar ;sr vkgs-
'kklukdMwu tursyk fofo/k izdkjP;k lsok mIyC/k d#u fnY;k tkrkr ijarw R;k lsokaph iqjsiwj
ekfgrh loZlkekU; tursyk ulrs- rlsp ;k lsok dehr deh osGkr feGkO;kr] R;k mfpr ntkZP;k
vlkO;kr v'kh tursph ekQd vis{kk vlrs- rlsp 'kkldh; dkekdktkr lq/kkj.kk dj.ks] ikjn'kZdrk
vk.k.ks o Hkz"Vkpkjkyk vkGk ?kkywu yksdkaP;k izfr nkf;Ro ok<fo.ks] ;k
mn~nh"Vkaps iwrhZdjhrk ukxfjdkaph lun ¼flVh>u pkVZj½ vaeykr vk.k.;kps 'kklukus
lqpfoys vkgs-
mn~nh"Vs %& izLrqr ;kstusrhy mn~nh"V gs tursyk dcwy dsysY;k rkj[ksl R;kaps dke
iw.kZ dj.ks gs vlwu rs lk/; dj.;klkBh gk midze 'kkluLrjkoj jkcfo.;kar ;s.kkj vkgs-
eglwy o ou foHkkxke/;s 3 mifoHkkx vkgsr-
¼1½ eglwy] ¼2½ enr o iwuZolu] ¼3½ ous
oufoHkkxk'kh lacaf/kr dkes foHkkxh; ou vf/kdkjh @ mioulaj{kd @ ou{kssiky
;kaP;kdMwu dj.;kar ;srkr- ou [kkR;kdMwu fofo/k ;kstukaekQZr ukxfjdkauk T;k lsok
fnY;k tkrkr R;kckcrph ekfgrh o lacaf/kr lsokackcr dkye;kZnk ckcrps fooj.k izk#i Lo#ikr
lkscr tksMysys vkgs-
lcc] yksdkfHkeq[k eglwy iz'kklu gh ladYiuk loZlkekU; tursi;Zr iksgpowu yksdkfHkeq[k
dkes eglwy o oufoHkkxkekQZr yodjkr yodj Ogkohr o yksdkaP;k vMp.kh deh OgkO;kr
fdaok vMp.k ;sowp u;s ;k n`"Vhus ukxfjdkaph lun gk izdYi egkjk"Vz 'kklukus loZ
laca/khr vf/kdk&;kaekQZr jkcfo.;kps fuf'pr dsys vkgs- vkiY;k jkT;krhy loZ tursl gh
ukxfjdkaph lun iwfLrdk vR;ar mi;qDr gksbZy v'kh vis{kk vkgs-
Lok{kjh @&
¼uanyky½
iz/kku lfpo
¼ous½
256
ukxfjdkaph lun
ou foHkkx & egkjk"Vz jkT;
v-
dz
foHkkxkdMwu @
dk;kZy;kdMqu iqjfoyh
tk.kkjh lsok
lsok
iqjfo.kkj
k@
vf/kdkjh@
deZpkjh
vko';d
dkxni=kaph
iwrZrk
dsY;ku
arj
fdrh
dkyko/
khr
lsok iqjfoyh
tkbZy
lsok fofgr
dkyko/khr
iqjfoyh ulY;kl
T;kaP;kdMs
rdzkj
djrk ;sbZy rks
vf/kdkjh o
R;kpk
nqj/ouh
dzekad
1 2 3 4 5
v- fuLrkj njkus ckacw iqjoBk dj.ks ckcr-
1- uohu cqjM dkexkjkauh
uksan.khlkBh
ou{ks=kf/kdkjh
dk;kZy;kr miyC/k
vtkZps ueqU;kr lk/;k
dkxnkoj vtZ dj.ks
lacaf/kr
ou{ks=kkf/kdkj
h
izR;sd o"khZ
15 vkWxLV
lacaf/kr
mioulaj{kd
2- uohu cqjM dkexkjkaph
uksan.kh dj.ks-
mioulaj{kd 30 vkWxLV oulaj{kd]
3- uksan.khd`r cqjM
dkexkjkauk ckacq
iqjoBk
dj.ks ckcr
ou{ks=kkf/kdkj
h
izR;sd o"khZ
vkWxLV rs 30
lIVscj
mioulaj{kd
4- uksan.khd`r cqjM
dkexkjkauk ckacq
iqjoBk
dj.ks ckcr-
ou{ks=kkf/kdkj
h
izR;sd o"khZ
vkWxLV rs 30
lIVscj
oulaj{kd
5- ckacqiklwu fofo/k oLrq
r;kj dj.;klaca/khP;k
izf'k{k.k
laLFkkauh
ckacw
uksan.khlkBh vtZ dj.ks-
mioulaj{kd 15 vkWxLV oulaj{kd
6- izf'k{k.k laLFkkaph
ckacw
iqjoB;kdfjrk
uksan.kh
dj.ks-
oulaj{kd 30 vkWxLV eq[; oulaj{kd]
¼mRiknu½
7- uksan.khd`r izf'k{k.k
laLFkkauk rlsp lgdkjh
laLFkkauk ckacw
ou{ks=kkf/kdkj
h
1 vkWDVkscj
rs
30 lIVscj
mioulaj{kd
257
iqjoBk
dj.ks
8- egkjk"Vz dks-
vkWijsVhOg
vWDV [kkyh ckacw
lgdkjh laLFkk uksan.kh
dj.;kiwohZ ¼uk&gjdr
izek.ki=½ tkjh dj.ks-
eq[; oulaj{kd]
¼mRiknu½
15 vkWxLV egkjk"Vz 'kklu
9- laLFksph uksan.kh
>kY;kuarj ckacw
ekx.khlkBh vtZ
fnY;kuarj iqjoBk
dj.;kckcr vkns'k
tkjh dj.ks
oulaj{kd 7 fnol eq[; oulaj{kd]
¼mRiknu½
10 laLFksP;k lHkklnkauh
iqjoBk dj.;kps vkns'k
tkjh >kY;kuarj
R;kaps dMhy cqjM
om;k ou{ks=kf/kdkjh
;kaps dk;kZy;kr tek
dsY;kuarj laLFksdfjrk
Lora= cqjM ogh tkjh
dj.ks-
ou{ks=kkf/kdkj
h
7 fnol eq[; oulaj{kd]
¼mRiknu½
c- vkfnoklh @ vuqlwfpr tekrhP;k HkksxoVnkjkaP;k >kMkaph fodzh laca/kh
lsok
11 vuqlwfpr o`{kkP;k
rksMhl o fodzh d#u
ns.;kl lgk#; feG.ks
ckcrpk vtkZph
fLod`rh-
lacaf/kr
ou{ks=kkf/kdkj
h
vtZ lknj
dsysY;k
fno'kh
lacaf/kr
mioulaj{kd
12 vtZ fLod`r dsY;kuarj
lgk;; ns.;kpk fu.kZ;
mioulaj{kd 60 fnol oulaj{kd
13 flekadu losZ{k.k rykBh lgk;;
ns.;kP;k
fu.kZ;k iklwu
15 fnol
rgflynkj
14 >kMkaph ekdhZax
fyLV
r;kj dj.ks] vanki=d
r;kj dj.ks] >kMkph
rksM bekjrh o tGkow
e/;s #ikarj-
ou{ks=kkf/kdkj
h
lgk;;
ns.;kP;k
fu.kZ;k iklqu
30 fnol
mioulaj{kd
15 fodzh djko;kP;k
>kMkP;k fuOoG
vankftr fdaerhP;k 20
mioulaj{kd lgk;;
ns.;kP;k
fu.kZ;k iklqu
oulaj{kd
258
VDds ,o<;k jdesps
vkxkm lgk;;
30 fnol
16 fodzh djko;kP;k
>kMkP;k fuOoG
vankftr fdaerhP;k 30
VDds ,o<;k
jdesps
vkxkm lgk;;
mioulaj{kd >kMs dkiwu
fodzh
vkxkjke/;s
okgqu
usY;kP
;k
rkj[ksiklqu
30 fnol
oulaj{kd
17 ojhy 5 o 6 vUo;s pqdrh
dj.;kar vkysyh
jDde fodzhpk [kpZ
vkf.k dj.;kar vkysyk
[kpZ otk dsY;kuarj
fodzhps mRiUukph
jDde
pqdrh dj.ks-
mioulaj{kd >kMs dkiwu
fodzh
vkxkjke/;s
okgqu
usY;kP
;k
rkj[ksiklqu
120 fnol
&&
d- egkjk"Vz o`{krksM ¼fu;eu½ vf/kfu;e 1964 varxZr [kktxh {ksrzkrhy
o`{krksMh laca/khP;k lsok-
18 o`{krksMhl ijokuxhpk
vtZ
o`{k vf/kdkjh
rFkk ouifj{ks=k
vf/kdkjh
60 fnol lacaf/kr
ftYgkf/kdkjh
;kaP;kdMs
19 rksMysY;k ekykps
ikflax d#u okgrwd
ijokuk ns.ks-
mioulaj{kd rksMh uarj
okgrwd
ikl dfjrk vtZ
izkIrh iklqu
45 fnol
lacaf/kr
oulaj{kd
[k- vkjkfxj.kh ijokuk uwr.khdj.k @ fuyacu @ jn~n dj.;kckcr lasok
20 vkjkfxj.kh uqr.khdj.k
¼dWysaMj 1
o"kkZdfjrk½
mioulaj{kd 1 efguk oulaj{kd 30
fnolkr vihy
dj.ks
21 vkjkfxj.kh LFkkukarj.k mioulaj{kd
oulaj{kd
eq[; oulaj{kd
&& oulaj{kd
eq[; oulaj{kd
22 ukekarj.k eq[; oulaj{kd && &
---0000----
Appendix (4), (A- 11.02)
Certificate of Transfer of Charge in form Gen.93 m
259
Appendix (5), (A- 11.04)
Certificate of Transfer of Charge
260
Appendix (6), (A- 13.04, 20.12, 25.12.02, 25.12.03, 26.07, 28.02)
Rules regarding advances to contractors and workmen
261
262
263
264
Appendix (7), (A- 14.05)
Travelling allowance bill in form Gen 24-M, Outer (Revised)
265
266
267
268
Appendix (8), (A- 14.05)
Travelling allowance bill in form Gen 25-M, Innter (Revised)
269
270
Appendix (9), (A- 14.06)
Register of travelling allowance bills in form 20m
271
272
Appendix (10), (A- 19.3.06,37.03)
Powers of Officers in connection with Establishment, Accounts etc.
273
274
275
Appendix (11), (A –19.06.05)
FORM OF OFFER (TENDU LEAVES)
OFFERER'S
(i) TELEGRAPHIC ADDRESS .............................................................
(ii) TELEPHONE NUMBER ..............................................................
(if available)
FROM:
.........................................................................
.........................................................................
..........................................................................
(Give full name and address)
To
The Conservator of Forests/
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 Chief Conservator of Forests
(Evaluation and Nationalisation), 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
Name of
the Unit
Notified
Yield
(Approximately)
in
Std. Bag.
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.
(1) (2) (3) (4) (5) (6) (7)
in figures Rs. ........................................
in words Rupees..............................
Note - The offer amount should be written in figures and words.
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.
276
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
Conservator of Forests/ 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 authorized 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.
8. I / We hereby state and declare :
(i) 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.
(ii) that I am / we are not minor(s).
(iii) that I / we have not been declared insolvent(s).
(iv) that I / we have not been convicted in any court for offences involving moral turpitude.
(v) 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 .................................... Yours faithfully,
Signature, name and address of [Signature of offerer/s,
the constituted attorney or capacity in which signing (age)]
authorised representative.
277
Note:
(a) The offer is to be addressed to the Conservator of Forests/ 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.
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 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.
278
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
Conservator of Forests/ 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 Conservator of Forests/ 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.
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,
279
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.
(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 Conservator of Forests/
280
The Chief Conservator of Forests (Territorial)
_____________________________ Circle.
P.O.__________________________ Maharashtra
______________________________________________________________________________________
NOTE :- Inner envelope should be addressed to the Conservator of Forests/ The Chief Conservator of Forests
(Territorial) in whose jurisdiction the unit is situated.
(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
The Chief Conservator of Forests
( Evaluation and Nationalisation),
Maharashtra State, Nagpur.
Note :- Outer envelope should be addressed to :-
The Chief Conservator of Forests (Evaluation and Nationalisation), office of the Principal Chief Conservator of Forests
at VAN BHAVAN, Ramgiri Road, Near Police Gymkhana , Civil line, M. S. 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 Officer to whom offers can be submitted
The units within the territorial jurisdiction of
North Chandrapur, South Chandrapur,
Nagpur, Yavatmal, Amravati, Aurangabad,
Dhule, Nashik and Thane Circles.
Chief Conservator of Forests (Evaluation
and Nationalisation), office of the Principal
Chief Conservator of Forests at VAN
BHAVAN, Ramgiri Road, Near Police
Gymkhana,
Civil line, M. S. Nagpur 440 001.
(iv) Offers complete in all respects may be delivered personally after obtaining dated acknowledgement from the
receiver to Chief Conservator of Forests (Evaluation and Nationalisation), office of the Principal Chief
Conservator of Forests at VAN BHAVAN, Ramgiri Road, Near Police Gymkhana, Civil line, M. S. Nagpur 440
001. so as to reach by . . . . Hrs. on . . . . . .
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.
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)
Place where offers will be opened
(2)
Date and time of Opening
the offers
(3)
1. North Chandrapur
2. South Chandrapur
3. Nagpur
4. Yavatmal
281
5. Amravati
6. Aurangabad
7. Dhule
8. Nashik
9. Thane
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 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 Conservator of Forests/ 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.
282
(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.
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.
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.
283
II. PROVISIONS OF MAHARASHTRA FOREST PRODUCE ( REGULATION OF TRADE) ACT
1969 :
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.
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 Dy. 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 :-
(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 20......, and
(iii) The proportionate amount for the additional permissible collection in excess of the notified yield on or before
the 10th June 20....... The proportionate amount shall be calculated on the basis of additional standard bags
284
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 Due Date
1st installment 1st working day of September 20.......
2nd installment 1st working day of October 20.......
3rd installment 1st working day of November 20.......
“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 Chief Conservator of
Forests (Evaluation and Nationalisation), M.S., Nagpur who may in his absolute discretion disapprove the same
or accord approval thereto on the following terms and conditions, namely:
(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 Chief Conservator of Forests
(Evaluation and Nationalisation), 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 20...... 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 20...... 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 20...... 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.
285
(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 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 Conservator of Forests/ 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.
286
(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.
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 centers 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 centers 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 centers 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 centers. 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 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 notified from time to time.
287
Zone Units Minimum
charges for
collection of
Tendu leaves
from
Government
Land Rs. per
standard bag.
Minimum price
for purchase
of Tendu
leaves from
Growers
(other than
Govt.)
Rs. per
standard bag.
1 2 3 4
1 All units of Bhamragad, Sironcha, and Allapalli,
Divisions of South Chandrapur Circle and
Wadsa and Gadchiroli Divisions of
NorthChandrapur circle (entire Gadchiroli
district)
2 All units of Chandrapur, Bramhapuri divisions
of North Chandrapur circle, Central Chandrapur
division of South Chandrapur circle, all units of
Nagpur, Yavatmal and Amravati circles. (entire
Chandrapur, Amravati, Akola, Washim,
Buldhana, Yavatmal, Wardha, Bhandara,
Gondia, and Nagpur districts)
3 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 superscribe distinctly on each bag the following particulars namely:-
(a) Name and number of unit/group of units.
(b) Name and/or number of collection depot.
(c) Sr. No. of the bag.
(d) No. of bundles contained in the bag.
(e) 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.
(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
288
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 Purchaser to prevent fire in the tendu unit / group of units.
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 20.......
(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.
S.No. girth of Tendu trees ( cm) penalty per tree (Rs)
1. Upto 25 Nil
2. 26 to 45 200
3. 46 to 60 400
4. 61 to 75 600
5. 76 to 90 800
6. 91 and above. 1,000
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.
289
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 Conservator of Forests/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 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 Conservator of Forests/ 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 Chief Conservator of Forests (Evaluation and Nationalisation),
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.
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
290
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 20...... 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.
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).
291
2. The Agreement shall commence from the ....................................day of ........................
.................................................. 20...... and shall remain in force upto the ......................................... day of
.................................................... 20...... 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 doth/do and each of them doth 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 forests within the tendu unit/ group of units area and its vicinity
including smoking and carrying matchboxes is strictly for-bidden.
(b) It shall be the responsibility of the Purchaser to prevent fire in the tendu unit/ group of units.
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.
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
292
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 / Sub-Divisional Forest
Officer may impose a penalty not exceeding Rs. 1,000 for each breach. An appeal against such order shall lie to
the Conservator of Forests/ 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 Conservator
of Forests/ Chief Conservator of Forests (Territorial) appeal to the Chief Conservator of Forests (Evaluation
and Nationalisation), M.S., Nagpur against the order passed by such Conservator of Forests/ 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.
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 / Sub-Divisional 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 :-
293
Girth of Tendu Trees (in cm.) Penalty per tree (Rs)
1. up to 25 Nil
2. 26 to 45 200
3. 46 to 60 400
4. 61 to 75 600
5. 76 to 90 800
6. 91 and above 1000
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 Conservator of Forests/ 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
Conservator of Forest/ Chief Conservator of Forests (Territorial) appeal to the Chief Conservator of Forests
(Evaluation and Nationalisation), M.S. Nagpur against the order passed in appeal by such Conservator of
Forests/ Chief Conservator of Forests (Territorial)
IN WITNESS WHEREOF, The Governor of Maharashtra hath 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.
FIRST SCHEDULE ABOVE REFERRED TO
Circle Division Range Unit No. Name of Unit Notified yield Boundaries of the Unit
(approxim-
ately) in
standard bags
(1) (2) (3) (4) (5) (6) (7)
294
SECOND SCHEDULE ABOVE REFERRED TO
List of collection centers 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.
295
Appendix (12), (Articles – 22.02,29.02)
Functions of Audit and the principles governing the division of financial responsibility
Function of audit and the principle governing the division of financial responsibility between Executive
Authorities and Accounts and Audit Authorities in respect of expenditure and collection of Government money.
1. Function of Audit- Audit work is not confined, as many officers appear to consider it should be confined,
to the mere checking of expenditure as to amount and sanction but it should cover a far wider field. The
audit officer, when conducting his operations, must ask himself questions of a more searching nature than
those relating only to the correct authorization of any item of expenditure. He must satisfy himself that in
the first instance, the expenditure is really necessary, that the scheme or transaction to which it related is
being carried out in the best and most economical way, in short, he must examine every project involving
outlay or loss of revenue from the point of view of the taxpayer who provides the money and who is, in
consequence, entitled to secure the best possible value for it. His function is to assist the administrative
officer in safeguarding and furthering the financial interests of Government and of the taxpayer. To do this
it is obvious that he must often institute enquiries and make requests for information which to the
administrative and executive departments concerned may appear at first sight to encroach unduly upon their
own functions and to go beyond the proper sphere of audit. The enquires naturally cause more resentment
when they relate to actions which administrative exigencies cause to be taken in irregular fashion but it
should be clear that it is just such actions which need the most careful scrutiny and while Government fully
realize that such irregular procedure is at times caked for and justified by the circumstances, they are also
sure that once the reasons underling the apparently vexations questions put by audit are properly
understood, the administrative departments will cease to regard the audit officer as one to whom
information is to be given in the most sparing and grudging manner and will rather afford him every facility
to examine the financial side of their work and to advise them in connection with it.
2. Financial responsibility in respect of expenditure and collection of Government money - Financial
responsibility, whether of the executive or of the Accounts and Audit Department, related both to receipts
and to expenditure. In the assessment and collection of amounts due to Government, the primary
responsibility is that of the executive. An Audit and accounts office cannot be held responsible for the
assessment or collection of Government revenue. Even when the Auditor General is required under rule 12
of the Auditor General’s Rules, to audit receipts, this responsibility of the executive is not affected or
transferred. The ordinary function of the Accounts and Audit Department in relation to Government
receipts is confined to seeing that the amounts collected are properly brought to account in the Government
books. In the matter of expenditure of Government money, the Audit and Accounts Department is
responsible for seeing that expenditure is regular and proper and that the system of accounts is such that,
provided the facts recorded in original documents are true there can be no loss of Government money. But
the administrative and executive officers must always remain responsible for the correctness of facts in the
original documents.
3. (i) Distribution of responsibility for the audit of financial transaction between revenue collecting
authorities and the Audit Departments – The primary object of inspection by the Audit Department of
treasuries and departmental offices is to assist the Heads of Departments and offices in maintaining an
efficient system of regularity and control of financial transactions committed to their charge. It is not
intended that those authorities should be relieved of their responsibilities in the matter of frequent cheek and
supervision. An inspection by the Audit staff does not and cannot extend to a detailed examination of each
and every item of receipt and expenditure or other transaction that occurs in an office or a department. An
Audit inspection, which only supplements inspection and supervision by administrative and executive
authorities, can do more than see generally that the rules prescribed for the guidance of those authorities in
the manner of financial transactions are being duly observed and bring to notice any irregularity or want of
attention on their part. The Audit Department is responsible for seeing that the procedure observed at
treasuries and departmental offices meets all the requirements of audit, the accounts are properly maintained
and the orders in force regarding the custody and handling of cash and stores are observed. In fact any
suggestions by Audit for safeguarding the financial interest of Government should be given special
attention. The above is in general terms the limit of the audit responsibility.
(ii) The Inspecting Officer from the Audit Department is not required to verify by count the balance of cash,
stamps, opium or other stores. This duty devolves on the administrative and executive officers of the
respective department. The need of careful verification of cash and stores cannot be too strongly
emphasized. Such verification if properly carried out by local authorities at frequent intervals, should act as
an effective deterrent against misappropriation or a means of detecting losses or irregularities before they
had time to assume major proportions. Those entrusted with safeguarding the financial interests of
Government are expected to exercise their full quota of vigilance and not be lulled into a false sense of
security by the idea of inspections by the Audit Department.
4. For regulations for the conduct of audit of receipts and of stores and stock accounts, see accompaniments to
F.2797/33 of 8th
May 1939, which have been printed also as appendices 1 and 2 to the Audit Code , 1st
Edition, 1939.
296
Appendix (13), (Articles – 37.01, 37.02)
Instructions for (a) Filing (b) Sorting, Preservation and Destruction of records
297