Phones : 2576052, 2570573, 2571453 Telefax : 91-481-2574751 E-mail :[email protected] THE RUBBER BOARD (Ministry of Commerce & Industry, Government of India) FACTORY MANAGEMENT DIVISION TIN 3205 022 4505-C Rubber Board Processors Licence No.P-14091 Ref: RB/FMD/PLPC/2015 MANGANAM P.O KOTTAYAM – 686018 KERALA STATE. 20-04-2015 Tender Notice Sub: Tender Notice for Leasing Out Pilot Latex Processing Centre of Rubber Board, CES Chethackal, Ranni. Sealed tenders are invited from interested parties to take over the running of Pilot Latex Processing Centre, CES Chethackal, Ranni for a period of 5 years. Tenders in the prescribed form duly filled in and placed in sealed cover superscribed ‘Tender Notice for Leasing Out Pilot Latex Processing Centre of Rubber Board, CES Chethackal, Ranni’ should be submitted to the Joint Director (FM), Model TSR Factory, Manganam P.O, Kottayam 686 018 before 2.00 PM on 05-052015. Tender can be had from the Office of the under signed, from Rubber Board website www. rubberboard.org.in, and EMD of Rs. 50,000/- should be remitted by CASH or Demand Draft drawn in favour of ‘ FMD – Model TSR Factory’ payable at Kottayam. Date of issue of tender from 20-04-2015 to 11.00 AM on 05-05-2015. Closing date of tender is 2.00 PM on 05-05-2015. Joint Director (FM) M/s PILOT LATEX PROCESSING CENTRE, RANNI TENDER TERMS AND CONDITIONS FOR LEASING 1.0 Definition 1.1 The term "Agreement" shall mean the Lease Deed signed by both the LESSEE and the LESSOR. 1.2 LESSEE shall mean and include t h e i r h e i rs, re p re se n t at i v e s, executors, administrators, successor permitted assignees administrators, thereof. 1.3 LESSOR shall mean and include The Rubber Board constituted under Rubber Act 1947, their successors, permitted assignees, administrators thereof. 1.4 The lease deed shall remain in force for a period of 5 years (60 months). 2.0 Lease of facility The Rubber Board agrees to hand over the PILOT LATEX PROCESSING CENTRE (PLPC), Ranni (Building, Machinery, Equipment l a b o u r f o r c e etc.) on lease to the successful bidder subject to the terms and conditions prescribed by LESSOR. 3.0 Terms and conditions 3.1 The LESSEE shall take possession of the building, machinery and equipment in "as is where is" condition and no further demand for any development shall be entertained. Any other improvement or developments of the building shall be purely at the cost of LESSEE and with the prior approval of LESSOR. All repairs to the building and machinery shall be undertaken at the Lessee’s cost, with prior approval of LESSOR. LESSOR will not be responsible for any loss or damage to men and materials occurring during the period of lease. 3.2 The LESSEE shall comply with all statutory formalities like VAT registration, Service Tax registration, Labour Acts, Rubber Act and other applicable acts and rules for the operation of the factory at the existing rate or enhanced rate during lease period and any other levy including penalties (if any) charged / demanded there on by the authorities concerned. 3.3 The expenses of registration of the agreement and the nonjudicial stamp paper shall be borne by the LESSEE. 3.4 All formalities and regulations in the production & maintenance of the quality of the product is the responsibility of the Lessee and the LESSEE shall indemnify the LESSOR in event of any litigation arising out of the above. 4.0 Usage of Property 4.1 The LESSEE shall use the leased property o n l y for the purpose of production of Cenex/Skim rubber by using the existing equipment. 4.2 The LESSEE shall not use the name, brand, trademark or logo of the LESSOR for the production or marketing of Cenex/Skim rubber thus produced. 4.3 The LESSEE shall also maintain the machinery and equipment in good and tenantable condition at all times. In case of repairs, LESSEE shall undertake repairs and change of spare parts at LESSEE's cost. LESSEE shall obtain the written permission from LESSOR before undertaking any repair. 4.4 The LESSEE shall not sell, mortgage or assign their interest in the machinery and equipment, to anyone or in any other manner transfer leased machinery and equipment either in full or in part. 4.5 The LESSEE shall not, at any time during the currency of the lease period, cause or permit any nuisance in the building and in particular shall not use or permit the said building to be used for any unlawful / illegal activities or purpose which may be obnoxious or injurious or offensive by reason of deposits of solid material or emission of odour, liquid, dust, smoke, gas, noise vibrations or fire hazards or which may cause damage to the land/property. The LESSOR shall have full right to prohibit or regulate these matters at all times. LESSOR shall also have the right to do any estate activity in the premises if necessary. 4.6 During the period of lease, the LESSEE at his expense shall keep the building premises and other structures clean, free from defect and in good condition. 4.7 The persons authorized by R U B B E R B O A R D shall have the right to enter upon and inspect the said premises during the currency of the lease at any times and can give directions within the period of this Lease agreement. 4.8 The LESSEE shall not dump debris or any waste, harmful Or harmless m at e ri al s wi t h i n t h e leased property or within the premises of LESSOR and LESSEE should ensure proper Disposal of debri s, toxi c waste material s wherever requi red a as per Environmental Legislation. The LESSEE shall not use the factory or any part thereof for any illegal purposes. 4.9 The LESSEE shall not remove any machinery, equipment or fittings from the leased premises for repairs or for any reason, without the written permission of the LESSOR. 4.10 LESSOR shall keep the factory compound as yard to keep its vehicles, filled up/empty barrels for latex collection and to maintain Rubber nursery. 4.11 The office complex shall be in the custody of LESSOR and electricity charges used by LESSOR shall be borne by LESSOR. 5.0 Utility services 5.1 For operating the F a c t o r y , the required Power, water and other services if any shall be availed from the LESSOR. The LESSOR shall fix the price for the utility & services provided on unit basis. 5.2 The LESSEE shall make payment for the availed utility & services along with lease, on or before fifth day of every month. 6.0 Payment of lease 6.1 The monthly lease rent for the leased building, machinery and equipment, utility charges Power , water and other services if any and wages and other allowances including contribution paid to EPF, Workers welfare fund etc shall be payable before fifth of the succeeding English Calendar Month. Lessee shall also pay Service tax if any on the amount payable under the contract. The lease amount shall be increased by 10% every year. 6.2 Arrears of lease utility charges and wages and other allowances EPF contribution, Workers welfare fund, etc. if any, will attract 12% penal interest per month. 6.3 The lease is payable irrespective of the building, equipments and machinery being utilized or not. 6.4 If the LESSEE is in arrears of lease amount or any other payment for three months after due date, or there is breach of covenants herein contained by the LESSEE, the LESSOR may terminate the lease by giving 30 (thirty) days’ notice and LESSOR shall adjust the dues in the advance & security. 6.5 The LESSEE shall not sublet nor transfer the lease either in full or part to any party. LESSEE may terminate the lease by giving 30 (thirty) day s’ n oti ce to the LESSOR 7.0 Security Deposit 7.1 The LESSEE has to deposit R s.3 5 ,0 0,0 0 0 / - ( T hi rty Fi v e l ak h) as security before entering into lease agreement. 7.2 No interest shall be paid on the security deposit. 7.3 The security deposit will be returned to the LESSEE when due, after satisfactory performance of the commitments by the LESSEE and on completion of all obligations by the LESSEE under the terms of the agreement. 7.4 LESSOR reserves the right to appropriate either in part or full the amount of Security Deposit without prejudice to other claims against the LESSEE for losses suffered by LESSOR due to failure of agreement obligations on the part of the LESSEE or due to termination of agreement or LESSEE becoming disqualified because of liquidation / insolvency or change of composition etc. The decision of LESSOR in respect of such losses, damages, charges, expenses or costs shall be final and binding on the LESSEE. 8.0 Rates and Taxes 8.1 The LESSEE shall from time to time during lease period pay all rates, taxes, assessments, dues and other charges to the statutory Authorities as may be payable for running the plant and for sale of product including VAT and service tax if any. LESSOR will pay the property tax for the land and building. 8.2 THE LESSEE should apply for factory License and other licenses /Permission/Approval and meet other requirements of Government /Statutory Authorities for carrying out the production Cenex/Skim rubber using the leased building and equipment. 9.0 Arbitration 9.1 All disputes shall be settled in accordance with the Laws of India for the time being in force and as amended from time to time. 9.2 Disputes arising out of or in relation to this agreement shall be settled by mutual discussions. In the event of failure, such dispute(s) shall be referred to the Chairman, Rubber Board who will be the Sole Arbitrator for settlement of such dispute(s) and his decision shall be final and binding on both the parties. 9.3 Subject as aforesaid, the Arbitration and Conciliation Act, 1996 will be applicable to the proceedings under this clause and the venue of the Arbitration will be at K o t t ay am . 10.0 Insurance 10.1 LESSEE shall take a comprehensive insurance policy to cover all risks to men, machinery, equipment and building including third party and public liability, at LESSEE’s cost. The insurance policy covers the loss or damages by fire, earthquake, riot with an insurance company approved in writing by the LESSER in the joined name of LESSOR and LESSEE for an account which shall not be less than Rs. 35 Lakh. 11.0 General 11.1 The LESSEE shall, at all times, duly perform and observe all the covenants contained in the Lease Agreement. 11.2 The LESSOR assures the LESSEE that on the LESSEE paying the rent hereby reserved and performing all the covenants herein stipulated, they may hold and enjoy the schedule mentioned property during the period of lease without any interruption or disturbance by the LESSOR or any other person claiming under them. 11.3 Any change in the name or the address of the registered office or administrative office of the LESSEE should be intimated in writing to the LESSOR then and there. 11.4 The LESSEE shall return the machinery and equipment in good and operable condition on completion of lease or while terminating the lease. During the period normal wear and tear of plant and machinery is expected. 12.0 Liability for Personnel and Property 12.1 The eleven workers working in PLPC shall be transferred with the same terms and conditions of service applicable to the workman and their service has been treated as continuous service and has not been interrupted by the transfer . The LESSEE shall pay the wages and other allowances including bonus of workers of PLPC as per the wage settlement in force. The LESSEE shall also pay the wages and other allowances of workers arising out of future wage settlements during the lease period. If any worker retires/resigns during the lease period his/ her compensation and other benefits shall be borne proportionately by both LESSOR and LESSEE considering service rendered in each management. The LESSEE shall also pay the proportionate gratuity liability of workers during the period under lease annually as per Payment of Gratuity Act 1972. 12.2 The LESSEE shall ensure that his employees comply with all the LESSOR rules and regulations regarding safety, Pollution, sanitation and smoking. The LESSEE shall use the gates of CES, Chethackal for entrance and exit and the rules and regulations at the gates should be strictly adhered. 12.3 The LESSEE shall indemnify LESSOR and keep LESSOR indemnified against any actions that may be taken against LESSOR by reason of non-compliance of provision under various Laws. 12.4 The LESSSEE shall ensure maintenance of discipline and decorum & confidentiality by their employees within the lease premises. 12.5 All persons employed by the LESSOR shall be engaged as his own employees in all respects and the responsibility under the Factories Act 1948 or Workmen’s Compensation Act or Industrial Dispute Act 1948, Employees Provident Fund Act or Employees State Insurance Act or any other similar enactment as applicable in respect of all such personnel shall be the responsibility of the LESSEE. 12.6 The LESSEE shall comply with the provisions of the Factories Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970, ESI Act, 1948 / Workmen’s Compensation Act, 1923, Employees Provident Funds and (Miscellaneous Provisions) Act, 1952, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Minimum Wages Act, 1948, Payment of Wages Act, 1936 and any other law applicable to the contract workmen and as amended from time to time. 12.9 The LESSEE shall fully indemnify LESSOR for any default or nonobservance by LESSEE or any of his representatives of any of the provisions of the above mentioned enactment and the rules framed there under. Even though, the LESSEE shall be solely liable for settlement of any claim made by any person due to the nonobservance by the LESSEE of any of the provisions or otherwise of the enactment cited, L E S S O R reserves its rights to settle directly any amount due by the LESSEE as mentioned above and to recover such amounts from any of the amounts payable by LESSOR to the LESSEE or in the absence of the same as debt due to LESSOR by the LESSEE. 12.10 In the case of non-coverage of personnel under EPF, besides the recovery of the amounts due by the LESSEE towards their contribution, in addition to penal interest and/or damages as may be levied by the EPF Authorities, a penalty of 20% of the above amount would also be levied and recovered from the LESSEE. In the event of cessation of the contract due to any reason whatsoever, the Security Deposit will be refunded only after due satisfaction as regards the payment of EPF dues by the LESSEE. 12.11 The LESSEE shall, whenever required by the LESSOR or Government Officials authorized under the statutes, produce for inspection, all forms, registers and other papers required to be maintained under various statutes. Bidders shall ensure the following while submitting the tender: a) That the tenderer duly signs every page conditions before submitting the tender. of the terms and b) That in all cases, lease amount quoted is invariably given in figures as well as in words. c) That all alteration(s) erasure(s) and / or over writing(s) if any, in the quoted rate(s) are duly authenticated by the Tender’s signature. d) The tenderer shall also submit a certificate from his/her bankers regarding the financial standing along with the tender form. The above general Terms and Conditions of Tenders have been read and fully understood by me/us and I/We put our signature here in token of my/our acceptance of the same. Name & Signature of Tenderer -------------------------- Designation ------------------------------- Address--------------------------------------------------------------- Date---------------------- Phone-------(Official Rubber-Stamp to be affixed here) Phones : 2576052, 2570573, 2571453 Telefax : 91-481-2574751 E-mail :[email protected] THE RUBBER BOARD (Ministry of Commerce & Industry, Government of India) FACTORY MANAGEMENT DIVISION TIN 3205 022 4505-C Rubber Board Processors Licence No.P-14091 MANGANAM P.O KOTTAYAM – 686018 KERALA STATE. RB/FMD/PLPC/2015 20-4-2015 TENDER NOTICE FOR LEASING OUT PILOT LATEX PROCESSING CENTRE OF RUBBER BOARD. INSTRUCTIONS TO BIDDERS 1 Sealed tenders are invited from interested parties to take over the running of Pilot Latex Processing centre , Ranni owned by Rubber Board on lease (Building, Machinery, Equipment l a b o u r f o r c e etc.) for a period of five years. Tender in the prescribed form duly filled in and placed in sealed cover super scribed 'Tender for leasing of Pilot Latex processing Centre, Ranni' should be submitted to the Joint Director( FM), Model TSR Factory, Manganam PO, Kottayam 686018 . before 2.00 PM on 05-05-2015. 2 An EMD of Rs.50,000/- should be remitted by CASH or Demand Draft drawn in favour of ' FMD -Model TSR Factory' payable at K o t t a y a m . No interest is payable on EMD.Refund to unsuccessful bidders will be made only on finalization of tender. Tenders not accompanied by EMD are liable to be rejected. In case the tenderer, on whom the lease is awarded, rescinds from his offer, the EMD furnished by the tenderer will be forfeited. 3 The Monthly Rent of lease should be quoted in both figures and words. The successful bidder shall be required to remit a security deposit of Rs. 35,00,000/- ( Rupees Thirty Five lakh) before entering into lease agreement. 4 Copy of IT Returns/Financial statements for the last 3 years to be attached. 5 Proof of delegation to sign the tender should be furnished in any one of the following forms, if the applicant belongs to a partnership firm/ Limited company. a. b. c. d. Letter of authority signed by all partners. Copy of Partnership Deed. Copy of Memorandum and Articles of Association. Power of Attorney, if any. 6. Applicable original documents should be furnished on demand. 7. Tender must be accompanied by a. Information about the tenderer (Appendix I) b. Income Tax Returns / Financial statements for the last 3 y e ars c. Constitution of the Tenderer d. EMD for Rs.50,000/e. Terms and Conditions duly signed. 8. The tenderer or his duly authorized representative should sign all pages of tender document including all attachments. 9. Corrections, if any, should be attested under full signature. 10. Tenders not conforming to the above guidelines or incomplete in any respect are liable to be rejected. 11. Tender will be opened in the presence of tenderers on 05-052015 at 2.30 PM at Model TSR Factory, Manganam. Kottayam. 12. Di re ct or ( P&PD ) , Ru bbe r Board reserves the right to accept or reject any or all the tender(s) without assigning any reason whatsoever and has no obligation to accept the highest tender. No claim shall lie against R u b b e r B o a r d on this account. Kottayam 20-04-2015 DIRECTOR (P&PD) INFORMATION ABOUT TENDERER 1. Name & Address of the Dealer/Processor (with Telephone No. & Fax) 2. Rubber Board License No. if any (Copy should be attached) 3. VAT Registration No. if any (Copy should be attached) 4. Turn over during: 2012-13 2013-14 Details of EMD remittance 5. 6. Additional remarks if any Place Date Seal and Signature of tenderer To JOINT DIRECTOR- FM Model TSR FACTORY MANGANAM PO KOTTAYAM. 686018. Dear Sir: Sub : Lease of Pilot Latex Processing Centre at Ranni. Ref : Your Tender Notice No. Dt. . With reference to the above I hereby offer to pay a monthly l e a s e rent of Rs. (Rupees in words ) for the P i l o t L a t e x P r o c e s s i n g C e n t r e Unit . I agree to provide the necessary Security Deposit as per your tender terms and conditions. Thanking you, Yours faithfully, Place : Date : Seal and Signature of tenderer
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