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