JHARKHAND STATE AGRICULTURE DEVELOPMENT CORPORATION LIMITED

(KRISHI BHAWAN CAMPUS, KANKE ROAD, RANCHI-834008)

REQUEST FOR PROPOSAL

Short Tender Notice for Empanelment of Suppliers For Supply Of HDPE Bags and Printing of Bags required by Jharkhand State Agriculture Development Corporation

Limited, Through NCDEX E Markets Ltd

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Introduction

1. Scope of work 1.1 to1.82. Eligibility/Prequalification conditions 2.1 to 2.123. List of the documents to be furnished 3.1 to 3.224. Evaluation of Application for Registration 4.1 to4.25. Scheduling of e-auctions 5.1 to5.36. Process of E-auction 6.1 to6.217. Sample Submission 78. Order for Supplies 8.1 to 8.129. Pre Delivery Inspection 910.Post Delivery Inspection 1011.Terms and Conditions of Delivery 1112. Right to Terminate/ Alter the contract 1213. Proof Samples 1314. Marking 14

15.Packing 1

516.Change order 1617. Warranty 1718. Liquidated Damages 1819. Default and Risk Purchases 1920. Terms of Payment 2021. Penalty Norms 21.1 to 21.4

22.Force Majeure 2223. Arbitration 2324. Role of NeML 2425. Corrupt Practices 2526. Indemnity 2627. Specification and Quantity of HDPE Bags Annexure-128. Qualification Criteria and Supporting Documents Annexure-229. Affidavit Certificate ( Blacklisting) Annexure-330. Affidavit Certificate (Price) Annexure-431. Dispatch Destination Annexure-532. Self Declaration Form Annexure-633. Application Form Annexure-7 34. Agreement Copy Annexure-8

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AUCTION SCHEDULE

Sl. No.

Description Date Time

1 Commencement of issue of Tender document through website of the JSADCL

10-04-2018

10.00 hours

2 Sample Submission 17-04-2018

16.00 hours

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Last date for downloading Tender document through website of the Jharkhand State Agriculture Development Corporation Limited and NCDEX e-Markets Limited

18-04-2018

13.00 hours

4 Last date and time for submitting Technical documents

19-04-2018

15.00 hours

5 Technical Document Evaluation 20-04-2018

17:00 hours

6 EMD Deposition 23-04-2018

7 E-Auction bidding on NeML Platform 24-04-2018

15.00 hours

8 Bid History Submission 24-04-2018

17.00 hours

Short Tender Notice for Empanelment of suppliers for supply of HDPE Bags and Printing of Bags required by Jharkhand State Agriculture Development Corporation Limited

TERMS AND CONDITIONS

The JSADCL has invited applications from the eligible Manufacturers only for enrolment as registered suppliers for supply of HDPE Bags. The procedure for enrolment, registration and terms and conditions of supply under the e-procurement mode for supply of HDPE Bags is detailed below.JSADCL shall follow e-procurement mode and has entrusted the same to NCDEX e Markets Ltd for conducting electronic auctions for procurement of HDPE Bags from registered Manufacturers.

1.SCOPE OF WORK: -

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1.1. JSADCL is the appointed agency for procurement of HDPE Bags for the year 2018-19 from the Manufacturers only through e-procurement process.

1.2. The requirement of HDPE Bags is by Jharkhand State Agriculture Development Corporation LimitedThe approximate quantity and Specification of HDPE Bags may be seen in Annexure-1.

1.3. The HDPE Bags will be procured from the registered Manufacturers only as per the eligibility criteria mentioned in Clause-2 of the Terms and Conditions.1.4 In order to facilitate Manufacturers only to participate in e-procurement process, registration with NCDEX e Markets Limited is mandatory. The procedure for registration with NCDEX e Markets Limited is detailed in Clause 4.

1.5The inspection and evaluation of samples will be carried out in accordance with specified quality parameters as per the procedure stipulated in Clause-10 of the Terms and Conditions.

1.6 After satisfactory supply of the tendered items by the Successful Bidder within the stipulated time, Payment shall be released by JSADCL to the suppliers within 45 days from date of submission of bills as per the procedure stipulated in Clause 21 of these Terms and Conditions through NCDEX e Markets Ltd platform to the respective account of the suppliers by electronic fund transfer mode.

1.7The procedure for enrolment and registration of suppliers, terms and conditions of supply of HDPE Bags is detailed below. Some of the clauses to these terms & conditions may be amended if necessary, prior to the conduct of e-Auction. Details of such amendments shall be uploaded on the website www.sameti.orgin and www.neml.in for the information of participants. 1.8 JSADCL (Jharkhand State Agriculture Development Corporation

Ltd.) reserves the right to accept or reject any or all the tenders, alter or cancel the quantity without assigning any reason thereof and the right for evaluation and decision based on tender submitted offline. Any further corrigendum(s) to this tender shall be published only on above given website.

2. ELIGIBILITY / PREQUALIFICATION CONDITIONS.

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2.1. Tenderer should submit copy of Registration Certificate. In case of partnership firm, the suppliers should submit copy of registered Partnership Deed in case of partnership firm, Registration Certificate in case of firm/ limited company/ Cooperative Society.

2.2. Tenderer should attach Authorization/Resolution for signing of Technical Document if it is limited company or partnership firm. 2.3 An affidavit of ownership if proprietary firm/sole traders.

2.4 Tenderer should attach a copy of PAN card of the Firm & Income-tax Return for the current year & previous year.

2.5 Tenderer should furnish business performance certificate from customers for quality and timely supply preferably from Govt. Organization.

2.6 If representative participating, letter of authorization to participate in the tender opening/negotiation of rate.

2.7 MSME registered with Other Authorities Certificate with proper validity for quoted item.

2.8The Manufacturing Units should have proper valid license by the concerned authority for manufacturing of HDPE Bags. They should also possess valid Central Excise, VAT and State / Central Sales Tax registration issued by concerned authorities. Firm should also possess GST certificate issued by central government.

2.9The firm/applicant should not have been blacklisted or convicted for any offences or violation of any State or Central Act such as Essential Commodities Act etc. or any criminal offence under IPC or barred from running manufacturing unit and no arbitration case pending in this office.

2.10 The annual turnover should not be less than three times the quoted value of the offer.

2.11 Balance sheet of last three years and also should provide evidence of access to financial resources.

2.12 The Firm registered with NSIC can have exemption of EMD if it is situated within the state according to Jharkhand Procurement Policy 2014.

3. DOCUMENTS TO BE FURNISHED ALONG WITH APPLICATION FOR REGISTRATION.

3.1 The Manufacturing Units should have proper valid license by the concerned authority, self attested copy of which should be furnished.

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3.2Self-Attested copy of audited balance Sheet and profit / loss account for last three year duly certified by Chartered Accountant if it is a own manufacturing unit. In case of a leased unit, the above documents of both the entities i.e. lessor and lessee will have to be furnished. 3.3 Applicants shall submit attested copy of the Income Tax returns of current and last year with a copy of a PAN card attested by authorized signatory.

3.4 Attested copy of Certificate of registration under Excise, VAT, State / Central Sales Tax Act, Service Tax Act, GST as applicable.

3.5An affidavit on Rs 100 non judicial stamp paper and Notarized, regarding

3.5.1. Not having been prosecuted for violation rules / law under Essential Commodities Act or any such others law or orders there under in any court of law.

3.5.2 Not having been black listed by any organization or Government for non-performance of contractual obligation and no arbitration case pending in this office.

3.6 In case of partnership firm or Co-operative or Corporate, the Manufacturing Units, should furnish a copy of the partnership deed or byelaw or memorandum as the case may be. In case of Co-operative / corporate body copy of letter of authorization to the Chief Executive or the authorized person to register and participate in the e-procurement/tender process should be furnished.

3.7 In case of supplier who has entered in to lease agreement with the Manufacturing Units the copy of the legally registered lease agreement duly certified by the Charted Accountant shall be enclosed. 3.8 The Manufacturing Units should furnish letter of authority or power of attorney for having authorized the person to sign the documents on behalf of firm or society or corporate body. Attestation of signature of such authorized signatory from the bank where the firm is having its account is essential. 3.9 The address proof of the authorized signatory viz Telephone bill/copy

of pass port /electricity bill/ voter ID proof should be submitted along with the application. The address proof in respect of the firm shall be either certificate of registration or certificate of incorporation issued by the concerned authority.

3.10 Bank account details of firm along with IFSC code, Branch details,

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address shall be furnished in the letterhead of the firm. 3.11 An affidavit on Rs. 100 non Judicial Stamp Paper and Notarized,

about the ownership if proprietary firm/sole traders. 3.12 Business performance certificate from customers for quality and

timely supply preferably from Govt. Organization. 3.13MSME registered with Other Authorities Certificate with proper

validity for quoted item. 3.14 Affidavit of no circumstances exceeded lowest price of identical

goods to Govt. / Semi Govt. Organization as per Annexure 4 of the tender document

3.15 The annual turnover should not be less than three times the quoted value of the offer. Relevant document should be submitted in regard of the same.

3.16 Relevant documents pertaining to source of finance/ Funds.3.17 The new applicants have to deposit the registration fee of Rs

5000/- and applicable GST @ 18.00 % along with the documents. The registration fee can be directly transferred to the bank account given below. The members will be allowed to participate in JSADCL HDPE Bags auction only for the year 2018-19 only after paying the registration fees. The existing members (TCM/CP) of NCDEX e Markets Ltd, who have renewed the membership for the year 2018-19 need not pay registration fee to NCDEX e Markets Ltd. However, they have to submit the relevant signed document (RFP), Annexures and Notarized Affidavit. Also the member has to submit the signed NeML Risk Disclosure form along with the complete application form.

NCDEX E Markets Limited, Bank Account Details

S No. Bank Name Settlement Account IFSC Code Branch Name1 HDFC Bank 00990690013043 HDFC0000060 Fort, Mumbai2 Axis Bank 004010202176811 UTIB0000004 Fort, Mumbai3 Bank of India 008620110000781 BKID0000086 Fort, Mumbai4 Punjab National

Bank0082002100071810 PUNB0008200 Bandra, Mumbai

5 State Bank of India

30760960198 SBIN0011777 Fort, Mumbai

3.18 The application for registration and terms and condition with relevant Annexure can be downloaded from the www.sameti.org and www.neml.in Requests for forwarding applications through post / couriers will not be entertained.3.19The interested applicants may also visit website www.neml.in for any relevant information regarding enrolment as participant on NCDEX e Markets Limited. Interested participants can also contact the Customer Service Group on below phone numbers (022) 66473153/54 or Email:

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askus@neml.i n

3.20 Completed proposals for Technical Document Submission in acceptable form will be received at the address mentioned below on any working day up to 15:00 hours on 19.04.20183.21 Technical documents for participating in the e-auction should reach NEML office. No documents will be accepted after the last date of document submission. 3.22 “Technical Document should be marked with “Short Tender Notice for Empanelment of suppliers for supply of HDPE Bags and Printing of Bags required by Jharkhand State Agriculture Development Corporation Limited”.

The Customer Service group (Membership Department)NCDEX e Markets Limited1 st floor, Ackruti Corporate Park,LBS Road, Kanjurmarg (West)Mumbai-400078. Ph No- 022-66473153/66473154Email: askus@neml.in

4. EVALUATION OF APPLICATION FOR REGISTRATION.

4.1. Duly filled application form along with relevant documents and Registration fee should reach NCDEX e Markets Limited on or before 19.04.2018. Tenderer has to accept the terms and conditions of the tender by self attesting (Stamped and sealed) all documents including RFP by authorized signatory and also submit self declaration form as per Annexure 6 of the tender document on the letterhead of the company otherwise tender will be considered as invalid. The letter of authorization shall be indicated in written power of attorney accompanying the Tender. The Technical Bid envelope shall indicate the Name and Address of the Tenderer.

Applications received after 15:00 Hrs of 19.04.2018 shall also be scrutinized and these applications which have been approved will be eligible to participate in subsequent e auctions conducted, if any from time to time. Tender application received after the due date and time shall be rejected.

The address for sending duly filled applications along with relevant enclosures is given below:

Membership Department, (022-66473153/54)NCDEX e-Markets Limited,Ackruti Corporate Park,1st Floor, Near GE Garden, LBS Marg,Kanjurmarg(West), Mumbai – 400078

4.2 Eligible suppliers will be issued with User ID and Password by NCDEX e Markets Ltd after evaluating the documents & receipt of the registration fee.4.3. Such registered suppliers are eligible to participate on electronic

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bidding system (e-auction) for HDPE Bags conducted by NCDEX e Markets Ltd as and when scheduled.

5. SCHEDULING OF E-AUCTIONS.

5.1 Based on the requirements, JSADCL will notify NCDEX e Markets Ltd to schedule auctions on periodic basis. Further such details will be posted on the web site of JSADCL (www.sameti.org).Neither the JSADCL nor NCDEX e Markets Ltd shall individually intimate to the registered suppliers regarding the e-auction schedule.5.2.All registered suppliers are eligible to participate in e-auctions subject to terms and conditions detailed in this document. 5.3. Detailed e-auction schedule can be viewed and downloaded from

tender cell of JSADCL at www.sameti.org

6.PROCESS OF ELECTRONIC AUCTION SYSTEM ON NCDEX e MARKETS LTD (NeML) PLATFORM.

6.1. The registered suppliers with NeML User ID and password are eligible to participate in the electronic bid system i.e. e-auction. 6.2. NeML in consultation with the JSADCL will schedule the auctions and e-auction calendar will be published on the website of JSADCL. Only registered suppliers shall be allowed to participate in the auction.6.3. The registered suppliers shall not be intimated individually regarding the e-auctions, which are scheduled by the NCDEX e Markets Ltd. However, the registered suppliers may contact, JSADCL office located at Ranchi for obtaining details of schedule of e-auctions. The registered suppliers are advised to refer the details of e-Auction published on the website of JSADCL rather than depending on othersources of information in their own interest.6.4 The registered suppliers need to deposit 5% EMD (margin money) in their respective Escrow accounts issued by NCDEX e Markets Limited to participate in the auction. However, MSEs registered with NSIC are exempted from payment of and EMD subject to furnishing valid documentary proof in support of claim along with their request letter. Exemption of earnest money deposit for Indian Manufacturers which are registered with NSIC under Single point registration scheme, Indian manufacturers/suppliers who are Micro small medium Enterprises(MSME) small scale units and registered

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with National Small Industries Corporation under single point registration scheme are exempted from payment of earnest money deposit provided to furnish photocopy of valid registration with NSIC under the single point registration scheme, for the quoted stores in support of claim along with their request letter. This facility will, however, not be provided to those small scale units who are registered under the old registration scheme which was extended upto 30thJune,1981 only. The Public Sector Undertaking may deposit EMD in the respective Escrow account provided by NCDEX e Markets Limited for participating in the auction... However the manufacturing units which are applicable under Jharkhand Procurement Policy 2014 shall be guided by the said Policy.

6.5 No adjustment of EMD from the dues, if any, available with the corporation, against the supplies made by the supplier in the past shall be allowed. Tenders with such request and not accompanied with requisite amount of EMD free from any adjustment shall be summarily rejected.

6.6 The Bidder member should intimate NeML for the transfer of funds through the CS Tracker Module- https://cst.neml.in in the prescribed manner (Contact Customer Service Group on +91 22 66473153/54)

6.7 The Bidders shall be allowed by NeML to bid only if the requisite EMD amount is available in the Escrow Account of NeML. The amount deposited as EMD (Margin Money) would determine the bidding capacity of the Bidder.

6.8 Only the EMD (Margin Money) of the lowest Bidder would be blocked by NeML. The EMD (Margin Money) of the unsuccessful Bidder(s), including those whose bid(s) are not accepted due to non-fulfillment/not meeting the conditions attached to the bid(s), shall be returned by NeML on the withdrawal request made by the Bidder through CS Tracker Module latest by one day from the day of close of E-Auction.

6.9 In case, if any bid is received 3 minutes prior to the scheduled auction closing time then the auction timing shall be extended for 5 minutes over and above the schedule auction closing time. There shall be maximum 3 such extensions.

6.10 The Bidders shall place their bids online on NeML Platform https://market.neml.in the online trading system made available by NeML as per the terms and conditions of the e-Auction.

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6.11 Price to be quoted in per bag and quality basis, as per the quality specified. The evaluation and finalization of bids received shall be made on the basis of the lowest price quoted by the Bidders for the lot.

6.12 Tenderer shall give a final firm and net per unit price free from all escalation, the tenderers are required to quote their rate items-wise & unit wise The rates should be quoted for the offered items on the basis of F.O.R. Destination door delivery inclusive of all taxes (GST as applicable), Duties (Excise, Special Excise, Cess etc), Packing & Forwarding charges, loading and unloading etc. The destinations are specified in Annexure 5. The inspection, Verification and Testing charges will be borne by JSADCL and hence these charges should not be included in the rate offered. In case of full truck load/part load F.O.R. Destination will mean delivery at JSADCL’s Godown at the destination station.

6.13 The Bids of all Bidders who have participated in the e-Auction must remain valid for maximum period of 90 (Ninety) working days from the date of auction.

6.14 The reducing tick size shall be Rs. 0.10 (10 Paisa Only) for HDPE Bags.

6.15 During an auction session, a Bidder may modify his bid downwards to a reduced value less than the existing lowest bid. No cancellation of Bids shall be allowed during an auction session. The lowest valid bid received on the platform will be communicated to the JSADCL by NCDEX e Markets Ltd. The JSADCL after evaluation of bids will communicate regarding acceptance/rejection of the lowest bid. The lowest valid bid once approved by the JSADCL will be declared as successful L-1 Bidder and the same will be communicated by e-mail to the successful Bidder. JSADCL reserves the right, without giving any reason, to accept or to reject all or any bid including lowest bid. The Bid shall remain valid for 90 days from the date of reverse e-auction.

6.16 The final results of the e-Auction as approved by JSADCL are binding on all Bidders. Any requests for cancellation of bids received either during the auction session or after the conclusion of an auction session shall not be accepted. Failure to accept award of supply contract by the successful supplier shall result in the forfeiture of the EMD (Margin money) and blacklisting from further participation in the e-auctions for a period of three years. The decision of the Managing Director, JSADCL in this regard shall be final.

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6.17 Any bid placed using the Bidders username and the password shall be deemed to be an unconditional binding of the Bidder to whom such username and the password has been allotted by NeML, inter-alia, for the purpose of the e-Auction and the Bidder shall be solely and fully responsible for all the activities that occur under such username and password. The user is therefore advised to check the username and the password before the e-Auction and is advised not to reveal it to anyone else so as to prevent misuse of the same. It is further suggested that Suppliers are requested to change the password frequently to protect from misuse.

6.18 JSADCL & NCDEX e Markets Ltd shall not be responsible for any failure of power, Network, Server, Bandwidth problems, Hosting Server, Internet Connectivity, ISP or otherwise or the slowness to access NCDEX e Markets Limited Auction Platform https://market.neml.in. In case if e-Auctions cannot be held on scheduled date by any reasons whatsoever including technical reasons, the e-Auctions shall be rescheduled and will be held on the same day or alternative day, the details of such date/s will be notified on the website of JSADCL.

6.19 The Invitation of Bids, the terms and conditions of the e- Auction, Bid of the Successful Bidder, Letter /Email Confirmation/Acceptance issued by JSADCL to the successful Bidder (here in after called the seller) along with any amendment issued prior to signing of contract shall constitute a valid and binding Contract between the Seller and Buyer enforceable in the court of law.

6.20 The successful bidders will be charged transaction charges at 0.5% (half per cent) of the traded value and applicable GST by NCDEX e Markets Ltd and such amount will be deducted at the time of release of EMD of the L1 bidder. All the registered suppliers who wish to participate on the e-auction shall comply with terms and conditions of e-auction.

6.21 The successful Bidder upon receipt of communication regarding acceptance of bid by NCDEX e Markets Ltd shall arrange to transfer an amount equivalent to 10%(Ten per cent) of the value of the order as security deposit within 5(Five) working days by way of electronic fund transfer to his respective escrow account. On successful submission of

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the Security Deposit, NCDEX e Markets Limited will release the EMD of the Successful Bidder after deducting the Transaction Charge (0.5%) of the Total Trade Value and applicable GST. In case the Successful bidder was exempted from depositing the EMD, bidder will have to deposit the 10% security deposit and 0.59% (Inclusive of 18% GST) Transaction charge of the total trade value. Security Deposit will be released after deduction 0.59% from the security deposit of the bidder after successful supply of the tendered item, subject to satisfactory performance or execution of the contract as per the Terms and Conditions of Tender

7. Sample Submission: Two sample of the Bag along with the test report of the sample from any NABL Accrediated agency is to be submitted before the 16:00 hrs by 17.04.2018. The samples are to be submitted in the Office of JSADCL, Ranchi and JSADCL will provide the list of suppliers who have submitted the sample before the last date of Technical Evaluation. No sample shall be accepted after due date and time.

8. ORDER FOR SUPPLIES

8.1 Transfer and subletting: - The supplier shall not sublet, transfer, assign or otherwise part with the contract to any person, firm or Company directly or indirectly or any part thereof without the previous written permission of the Corporation. JSADCL does not guarantee the minimum quantity that will be ordered. It reserves the right to order for only such quantity as may be necessary or required by the Corporation and the qualified supplier is bound to supply the ordered quantity at the designated JSADCL godowns. The Purchaser / Corporation reserve the right at the time of award of contract to increase or decrease by up to 20-25% of the quantity of goods specified in the schedule of requirements without any change in price or other terms & conditions.

8.2 The short-listed supplier who qualifies in e-auction for HDPE Bags will be issued with Supply orders / indents/ by JSADCL office. The successful Bidder upon receipt of communication regarding acceptance of bid by NCDEX e Markets Ltd shall arrange to transfer an amount equivalent to 10%(Ten per cent) of the value of the order as security deposit within 5(Five) working days by way of electronic fund transfer to his respective escrow account.

8.3 Supply of required quantity should be as indented by the JSADCL. JSADCL at his sole discretion may place Supply orders/indents by FAX/LETTER/E-MAIL. The successful qualified supplier is bound to honor such indents and shall arrange to supply requisite quantity of HDPE Bags to the designated location by JSADCL. The supply of consignment ordered shall be delivered in accordance with the supply order/indent. . The suppliers are required to enter into an agreement on Rs.100/- non-judicial stamp paper to fulfil the contractual obligations as specified by the JSADCL within 5 working days from the date of declaration of e-Auction results. Supplier shall arrange to transfer an amount equivalent to 10%(Ten per cent) of the value of the order as security deposit within 5(Five) working days by way of electronic fund transfer to his respective escrow account before signing of the agreement with JSADCL. Agreement with alterations to clauses of the agreement will not be accepted and will be deemed as

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non-submission of agreement and violation of the terms and conditions of Tender.

8.4 Non-adherence of any of the Clause/Clauses of the Agreement shall be deemed as violation and breach of Terms and Conditions of Tender.

8.5 Security Deposit furnished by the qualified suppliers shall be returned on request upon completion of the contract period or the extended period, if any, subject to satisfactory performance or execution of the contract as per the Terms and Conditions of Tender.

8.6 Non acceptance of supply order / indents within 5 days of declaration of e-auction results will amount to forfeiture of EMD (margin money) deposited along with blacklisting from participating in the subsequent e-auctions for a period of three years.

8.7 Default in supplies either wholly or partly on account of quality or quantity or delay in supply will result in forfeiture of security deposit.

8.8 Every batch manufactured/processed and marked for supply lot wise shall be subjected to inspection, testing and certification by an assaying agency accredited by NABL. The batch wise assaying report shall be submitted to the JSADCL.

8.9 At any stage of supplies under the contract; if it is noticed that the supplies are not in conformity with the specifications prescribed, such materials are liable to be rejected and qualified supplier will be called upon to make good the same. In case the goods are not supplied according to the specifications and it is decided to retain the inferior goods at the discretion of the Corporation/purchaser, the supplier will be entitled to receive the payments at the rates fixed by the Corporation/ purchaser after taking into consideration and unsatisfactory quality of the material supplied and not rates mentioned in the purchase order. In the event of qualified supplier completely failing to stick to all the specification mentioned in the RFP, the security Deposit furnished by the qualified supplier shall be forfeited and JSADCL is entitled to collect liquidated damages if any from the tender for his failure to comply with the terms and conditions of the tender.

8.10 In case of non-supply of stocks within the specified time limits as per supply order/indent, JSADCL is at liberty to purchase the item from other alternative sources or initiate re e-Auction and recover the difference of cost from the supplier who has defaulted.

8.11 NCDEX e Markets Limited is acting only as a service provider for this e-auction and shall not be a party to the contract between the Seller

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and the Buyer subsequent to this e-auction. By bidding in this e-auction, a Bidder acknowledges that NCDEX e Markets Limited shall not be held responsible for any loss that he/she/they may suffer as a consequence of this e-auction or non-adherence of these terms and conditions.

8.12 NCDEX e Markets Ltd will be providing e-Auction platform for the purpose of price discovery and shall not take any responsibility whatsoever in connection with any disputes that may arise during the tenure of the tender/contract. Both seller and buyer shall completely absolve NCDEX e Markets Ltd from any consequences resulting out of this tender and further any disputes between buyer and seller shall have to be resolved by them as per Clause 24 below.9 Pre –Delivery Inspection:Purchaser /Corporation shall have the right to inspect and to test the Goods to confirm their conformity to the contract. Before the material is supplied by the supplier , the Pre- dispatch inspection shall be carried out by JSADCL through deputing a team of JSADCL’s officers at the suppliers factory /Plant /Godown to check as to whether the bags conform the printing, design, art works, colour scheme, content & physical appearance as per approved proof sample. The expenditure incurred by JSADCL’s nominee such as TA & DA shall be borne by the Purchaser/Corporation. However, the suppliers shall provide its cost of material, equipment, tools, labour and other facility for carrying out inspection/drawing up of samples. The Corporation/purchaser or his authorized nominee may carry out inspections at the supplier’s workplace.In case the suppliers fails to offer the items/stores for inspection/drawing up to the samples on the dates fixed for this purpose, the expenditure incurred on TA/DA of the Corporations nominee shall have to be borne by the supplier and such failure will not entitle the supplier to ask for any extension for delivery time.

10. Post Delivery Inspection: Post delivery, three samples selected on random basis from the supplied lot in each district will be sealed in front of the supplier/ authorized person and sent to Corporation office for testing. Random sampling will be done from the sealed packets of each district and any three bags will be sent for Testing to the designated laboratory by the corporation. In case, Tested sample fails to conform to the specification of the contract, such materials are liable to be rejected and qualified supplier will be called upon to make good the same. In the event of qualified supplier failing to make good the rejected stocks, the security Deposit furnished by the qualified supplier shall be forfeited and JSADCL is entitled to collect liquidated damages if any from the tender for his failure to comply with the terms and conditions of the tender.In case, any complaint in respect of test report of sample, guard samples will be preserved for six months period from the date of receipt of Test Report from Testing Lab, later on it will be disposed off.

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11. TERMS AND CONDITIONS OF DELIVERY.

11.1 The successful Bidder shall have to supply the ordered quantity of HDPE Bags as per the specifications prescribed within 15 days against the supply order issued by the JSADCL.

11.2 The successful suppliers should take adequate precautions to prevent damage or deterioration HDPE Bags during storage/transportation. He should also insure the stock during transit at his cost.

11.3 The successful suppliers should deliver at his cost the HDPE Bags to the JSADCL storage place as per the supply order / indent issued by JSADCL.

11.4 All information as per standards of Weights & Measures Act, 1976 & the Standards of Weights & Measures (Packaged Commodities) Rules, 1977 and Food Safety &Standards Act, 2006 and Regulations there under, must be mentioned on each HDPE Bag.

11.5 The supplier shall complete the supply of HDPE bags at respective sites within 15 days from the date of placing purchase order. No extension of delivery period shall be allowed to supplier. However, the goods may be dispatched early also for which no extra benefit or relaxation in payment terms shall be allowed to the suppliers. 12. Right to Terminate or Alter the Contract:If at any time during the terms of this contract the plan of the Corporation/ purchaser changes for any reason beyond the control of the Corporation/ purchaser, the Corporation shall have the right to terminate or alter this contract by sending a notice of such intention to the supplier by hand through a responsible officer. The supplier shall allow such officer to prepare an inventory of such material as is complete and ready for dispatch. Such officer shall also prepare on inventory of the raw materials which the supplier has already arranged for using in manufacturing the item to be supplied. The Corporation/ purchaser shall accept delivery of the material that are complete and ready for dispatch and may award compensation to the supplier for the raw material already procured or may in its option allow the suppliers to utilize the raw materials and make it ready for dispatch within such period as may be reasonable.

13. Proof samples: Required proof sample should be got approved in respect of design, art work, colour scheme and contents by the successful L1 bidder within 5 days in Labels, from the date of issue of art works/ colour / transparency and colour scheme etc. before taking final printing.

14. Marking:The supplier shall comply with the requirements of Indian acts relating

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to merchandise and rules made there-under for marking of all the goods supplied.

15. Packing:The supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract.

16. Change Order:The Corporation /Purchaser may at any time, make changes within the general scope of the contract in any one or more of the following:

i) Design &Printing.ii) Place of delivery.

17. Warranty:(a) The supplier warrants that the goods supplied under this contract are

new ,unused , of the most recent and incorporate all recent improvements in design ,printing and materials unless provided otherwise in the contract. The supplier further warrants that the Goods supplied under this contract shall be free from all defects and faults in material, workmanship and manufacturing and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type of items/stores ordered and in full conformity with the contract specifications and samples.

(b) The supplier shall if required, replace the goods or such portion thereof as is rejected by the Corporation free of cost at the ultimate destination or at any other place or at the option of the Corporation, the supplier shall pay to the Corporation/ purchaser the value thereof at the contract prices and such other expenditure and damage as may arise by reason of the breach of the conditions herein specified.

(c) All replacements that the Corporation/Purchaser shall call upon the supplier to deliver or perform under this warranty shall be delivered or performed by the supplier within 10 days (promptly and satisfactorily).If the supplier desired to take over the defective item/ stores ,it shall be done within 10 days one month from the date of replacement. Thereafter, Corporation / purchaser shall not be responsible to keep the defective items/stores.

18. Liquidated damages:-It is emphasized by the Corporation/ purchaser & understood by the supplier that the period of delivery, stipulated in the contract is the essence of the contract. It is admitted by the supplier that any delay in the delivery will cause damages to the Corporation/ purchaser. Subject to Clause 12, if the supplier fails to deliver any or all of the Goods within the time period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract price, as liquidated damages, a sum equivalent to 2% of the delivered price of the delayed goods for each week of delay until actual delivery or performance, up to a maximum deduction of 15% of the delayed goods. Once the maximum is reached, the purchaser may consider termination of the contract.

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The Corporation/ purchaser may withhold any payment due to the supplier until the whole of the items/stores have been fully supplied and delivered and may deduct or recover from the supplier liquidated damages as stipulated above. This clause is without prejudice to the right of the Corporation/ purchaser to make risk purchase under next clause and the liability under that clause shall be in addition to liquidated damages.

b) The cancellation of the contract may be either for whole or part of the contract at Corporations option. In the event of the Corporation/Purchaser terminating this contract in whole or in part, it may procure upon such items and in such manner as it deems appropriate supplies similar to these so terminated and the supplier shall be liable to the Corporation for any excess cost for such similar supplies provided that the supplier shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

19. Default & Risk purchase:- (a) Should the supplier fail to have the stores ready for delivery as aforesaid, or should the supplier in any manner or otherwise fail to perform the contract or should it fail to complete the supply in time according to the specifications or should it have winding up order made against it or make or enter into any arrangements or composition with its creditor or suspend payments (or being a company should enter into liquidation either compulsory or voluntary) the Corporation shall have power under the hand of MD/ CMD to declare the contract at the end at the risk and cost of the supplier in every way. In such case supplier shall be liable for any liquidated damages for delay as above provided and for any expenses, losses or damages which the Corporation/purchaser may be put incur or sustain by reason of, or in connection with suppliers default.

b) The cancellation of the contract may be either for whole or part of the contract at Corporations option. In the event of the Corporation/Purchaser terminating this contract in whole or in part, it may procure upon such items and in such manner as it deems appropriate supplies similar to these so terminated and the supplier shall be liable to the Corporation for any excess cost for such similar supplies provided that the supplier shall continue the performance of this contract to the extent not terminated under the provisions of this clause.

20. Terms of payments:

(A) All invoices shall be prepared in quadruplicate in the name of name of JSADCL (Delivery Destination) mentioned in the purchase Order and shall be signed by the supplier or his authorized agent. Every invoice shall bear a certificate that.“The material covered by the invoices has been inspected by the supplier before delivery and conforms in every way to the contract

19

specification and is packed in accordance with the contract requirement and further that no invoice has been prepared previously in respect of the articles charged in the particular invoice”.

Invoice should have GST, Nos printed on them (If applicable), In the Tax invoice, GST amount shall be mentioned separately. Invoice to be sent in duplicate to concerned consignees and two copies to JSADCL, H.O.

(B) Unless otherwise specified in the contract, 50% of the invoice value would be paid by JSADCL against proof of delivery of the material at destination and small Scale ancillary unit having single point registration certificate issued by MSMEs registered with NSIC shall be paid 95% of the invoice value through RTGS after making necessary deduction if any towards liquidated damages, outstanding, short supplies etc on pro-rata basis or as decided by the Corporation. The supplier is requested to provide information namely Bank name, location of branch & Name of City, Nature of Account, Bank Account No., IFSC code no., MICR code no. Permanent Account No (PAN) In Annexure 2.(ii) Balance 10% or 5% of the invoice value, as may be applicable shall be paid on receipt of test report from designated lab of samples after making necessary deduction if any reported sub standard as per deduction norms.

21. Penalty Norms on account of supply the inferior quality of High Density (Anti Skid) Poly Ethylene bags (Non –Laminated) Woven Circular Loom.The material should be strictly supplied to conform their conformity to the contract, In case any deviation in technical specification reported substandard in Test Report by designated lab, penalty as per the norms given below and same to be recovered from the payments/dues of the supplier.

21.1 Penalty deviation in length and width

(a) All types of bags more than 10 kg capacity up to 100 kg capacity

Deviation (cm)Penalty in % of

the supply value

(-) >0.01 to0.18 0.1

(-) > 0.18 to0.98 0.5

(-) > 0.98 to1.98 1.0

(-) > 1.98 to2.98 1.5

(-) > 2.98 to3.00 3.0

21.2 High Density (Anti Skid) Poly Ethylene Sack (NON-LAMINATED) Woven Bag on Circular loom (5, 10,20 & 30-40 kg capacity):

Penalty for breaking strength: - The penalty on this account shall be

20

operated as the table given below. Separate penalties would be imposed for breaking strength in warp and weft way, as per the penalty level given in column-3 of the table below. Testing method as per IS-1969-1968 and IS-6192-1971 with up to date amendment.

Warp strength (kgf)

Weft Strength (kgf) Penalty (%)

90.0 80.00 0.082.00 76.00 0.574.00 73.00 1.058.00 67.00 3.0

21.3 Seam strength: The penalty on this account shall be operated as per the table given below: separate penalties would be imposed for bottom strength, as per the penalty levels given in column-2 of the table below: Testing method as per IS-9030-1979 with up to date amendment.

Bottom seam strength (kgf) Penalty (%)

35.00 0.0

33.00 0.25

32.00 0.50

30.00 2.00

21.4 Fabric Weight: -Penalty on this account shall be imposed as per the table given below. Method of test as per IS-1964.

% Variation from prescribed standards % Penalty

Up to 5% 0.00Up to 6% 2.00

Beyond 6% 3.00

Note: For all other specifications of the Bag, if the supply fails to stick to the specifications, Penalty imposed on all those parameters is completely under the discretion of Corporation.

22. FORCE MAJEURE:The terms and conditions hereof shall be subject to force majeure. Neither the JSADCL nor the supplier shall be considered in default in the performance of their respective obligations herein above if such performance is prevented or delayed because of act of God, War, Flood, Hostilities, Revolution, Civil Commotion, Official Strike, Epidemic, Accident or Fire, or because of Law and Order Proclamation, regulation or ordinance of

21

any Govt. of any Subdivision thereof or local authority. The supplier shall be entitled to the benefit of this clause only if he informs in writing of the circumstances amounting to force majeure to the JSADCL for each consignment/ dispatch separately within 48 hours of the happening thereof by telegram and fax immediately followed by a confirmatory letter sent by Regd. Post Acknowledgment due. In the event of the supplier pleading any ground as constituting force majeure, the opinion of the management of the JSADCL on that behalf alone shall prevail and, if in the opinion of the management, the grounds pleaded by the supplier do not amount to force majeure, then supplier shall not be entitled to plead the same and or claim any relief under this clause.

23. ARBITRATION: Resolution of Disputes: All disputes in relation to the tender, the contract or the interpretation of any of their terms or implementation there-of or arising out of or concerned directly or indirectly with the contract shall be referred to the arbitration or a single arbitrator to be appointed by the Managing Director of the Corporation/ purchaser and in the absence of MD, the highest Executive Officer of the Corporation shall make such appointment. The venue of arbitration shall be at Ranchi. The court of law at Ranchi alone will have jurisdiction in the matter of any disputes whatsoever.

24.Role of NeML NCDEX e Markets Limited (NeML) is acting only as a service provider in the e-auction and shall not be a party to the contract between the Seller and the Buyer subsequent to this e-Auction. By bidding in this e-Auction, a bidder acknowledges that NCDEX e Markets Limited (NeML) shall not be held responsible for any loss that he/she/they may suffer as a consequence to this e-Auction.NCDEX e Markets Ltd will be providing e-Auction platform for the purpose of price discovery. It shall not take any responsibility whatsoever in connection with any disputes that may arise during the tenure of the tender/contract. Both Corporation and tenderer shall completely absolve NCDEX e Markets Ltd (NeML) for any consequences resulting out of this tender and further any disputes between Corporation and tenderer shall have to be resolved by them as per Clause Arbitration..

Both Buyer and Seller agree and acknowledge that NeML shall not be made party to any litigation, suit, petition, application, arbitration or appeal arising from the dispute between buyer and seller except in case of NeML gross negligence and willful default while conducting e-auction and services undertaken by NeML as prescribed herein above. Both the buyer and the seller agree and accept to indemnify and keep NeML indemnified from all the claims, losses or expenses that NeML may incur/suffer as a result of inclusion of NeML as a party to any dispute between buyer and seller.

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25. CORRUPT PRACTICES:Any bribe, commission, gift or advantages given promised or offered by or on behalf of the supplier his agents or representative or agent of the Corporation/or any person on his behalf in relation to the execution of this or any other contract with the Corporation shall in addition to the criminal liability under the Law enforce, subject the supplier to cancellation of this and other contracts with the Corporation and also to payment to any less resulting from any such cancellation to the extent as is provided in case of cancellation under “DEFAULT AND RISK PURCHASE and the Corporation shall be entitled to deduct the amount so payable from any money otherwise due to the supplier under this or any other contract or may recover the same by appropriate proceedings. . If such instances are noticed the Supplier will be blacklisted for a minimum period of 3 years.

26. INDEMNITY:The supplier shall at all times indemnity the Corporation against all claims which may be made in respect of the said item for infringement of any right protected by patent, registration of design or trade mark provided always that in the event of any claim in respect of an alleged breach of a patent registered design or trade mark being made against the Corporation, the Corporation shall notify to the supplier of the same and the supplier shall be bound, but at his own expenses, to conduct negotiations for settlement or prosecute any litigation that may arise there from. In the event of the Corporation becoming liable to any amount on any aforesaid account, the supplier shall make good the amount so payable and the expenses incurred on that behalf.

Note: It is understood and agreed by the contractor that the prices charged for supplies under the contract shall under no circumstances exceed the lowest price at which the contractor sells the supplies of identical description to any other State/Central Govt. /Public Sector undertaking during the period of the contract. Affidavit should be given by the supplier on Rs100 non judicial stamp paper.

We agree to the above terms and conditions detailed in this tender.

Signature of the applicant Date:Name: Place:Seal:

23

ANNUEXURE 1

SPECIFICATION FOR HDPE (Anti Skid) WOVEN BAGS

30 to 40 kg

Capacity (kg) 30 to 40

Size (LXW) cm 86.5X56

Weight of bags (gram) 117Mesh 12X12Denier 1000Tolerance in weight +_ 5%. However in bundle of 500 bags it should be less

than +_ 3%.

Tolerence (acceptable) +3, -0in length (cm)Fabric Single piece pure white in colour as per IS-6192-1971

Mouth of Bags Hammed and folded (minimum 25 mm inside and stitched) sothat tapes do not fray.

Stitching Only bottom stitched and folded inwards and stitched frominside only outside by a minimum 25mm. The bag should bebottom stitched with two row of chain/ lock stitches with tapeof 1200 denier with first row stitches 12+-2 per dm, uniformwithout any loose thread or knot. In case of lock stitches,number of stitches shall be 16+-2 per dm.

Breaking Strength ( kgf) Tested on 5X20 cm leveled strip method at constant rate oftraverse machine @ 300+15 mm per dm. Testing method as perIS-1969-1968 and IS 6192-1971

Wrap way 90

Weft way 80

Seam Breaking Load ( kgf) Testing method IS-9030-1979

Bottom seam 35

Specified values for fabric and seam are average breaking load value of samples under test. However individual value shall not be below 10% of specified value.

Printing Bags should be branded by printing as per monogram and designin single colour on one side of the bags. Ink and ingredients usedshould be alcoholic resistant, smudge free, bright and should notsmear in contact with water and will not affect the fabric.

Quantity of HDPE Bags:

S. No.

Item Specification Quantity (In Nos.)

EMD

1 2 3 4 51 HDPE Bags(antiskid) woven bags 30Kg (34”x 24”)

1,00,000 5% of tender value

2 Printing of Bags As per Design/Art/

24

Work/ Colour Schemes etc.

25

Annexure 2Qualification Criteria and Supporting Documents

1. Profiles of our company/firm are as under: 1. Particulars of the company/firm:-

Name of the company Type of Firm i.e.

Names & contact no. of Proprietor’s/Partners

with complete address,

proprietorship/partnership/Pvt. /Directors etc.

contact no. & E-mail

Ltd. company/society/Ltd.etc.

Addresswith its Registration No.

Attach the necessary valid document in support of claim.2. Details of the Past Experience for manufacturing and or supply of item quoted with list of clients and value of materials supplied (last two years) (attach copies of PO):-

S. No.Name of the Govt. Agency/Govt.

Year of supply Items Supplied Quantity & Amount

Deptt./Company

26

3. Capabilities with respect to personnel, equipment and manufacturing facilities with details:

Full address where No. of No. of UnskilledDetail of Infrastructure

List of machines/equipments

factory is situated Skilled Labour with full details per dayLabour capacity (Item Quoted).

1. Raw Material Storage Cap :- 1Cloth/chemical/paper

Manufacturing Facility2 .Bags / qty. Storage Cap:- ( Own/Hired ):-No. of Bags/MT

2. Cloth/paper PrintingFacility (Own/Hired):-

3. Bag Stitching Facility(Own/Hired ):-

Attached Consent Letter from Concerned Firm in case of Hired Facility.

4. Financial statement including Annual report: (i.e. Balance sheet and profit & loss account) duly signed by Statutory Auditor of last 3 years along with copies. Average of annual turnover for last three years should not

be less than three times of quoted value of offer:

Financial year Annual Turnover Annual Profit/ loss Remarks(Rs. In Lakh) (Rs. In Lakh)

5 Registration::TIN/VAT No. CST No.

6.Income taxDetails::

PAN NoReturns for Last Two Years (attached)

Year Copy

7. Particular of Banker:-

Name and address of

Type of Account Account No. IFS Code MICR Code

Banker

8.MSME registration details: (a) With Other Authorities.

27

Registration No. Validity PeriodRegistered Item/Items

Quantitative Capacity

Monetary Limit

28

10. A undertaking on Rs 100, Non judicial stamp paper or self attested stating that the firm is not black listed by any Govt. Department/Institution/Public Enterprises/Undertaking and no arbitration case is lying pending with this office as on date as per Performa attached in Annexure 3 11.An affidavit on Rs 100 non judicial stamp paper or self attested that Price Charged for stores /Supplies under the contract shall under no circumstances exceed the lowest price at which the contractor sells the stores of identical description to any Govt. Department /Institution /Public Enterprises/Undertaking during the period of contract as per Performa attached in Annexure 4. 12. Evidence of Access of Finance Required (With Valid Proof):-

I hereby certify that all the information mentioned above are true and in case

any information is found to be incorrect, my bid may be treated as rejected by

JSADCL management.

Thanking you, Signature:---------------------------------------------

Place:---------------- Name of Authorized Signatory:-----------------------------

Date:-----------------

Address:-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Phone No: - ------------------------------------------------------Mobile No. --------------------------------------------------------

SEAL

Note: - All particulars are to be filled properly & correctly if required extra sheet can be attached).

29

Affidavit CertificateAnnexure-3

I (Name, Designation and Address) hereby

declare that my firm/Company has not been debarred/black-listed by any of the Govt. Department/Govt. Agencies where I had supplied the goods during the last years and no arbitration case pending in JSADCL office.

Name

Designation

Name of the Firm/Company

Full address

Rubber stamp

Place:

Dated:

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Annexure-4

Affidavit Certificate

I (Name, Designation and Address) hereby declare that the price charged for quoted item under this contract, our firm has under no circumstance exceeded lowest price of identical goods given to government and semi government organizations.

Name

Designation

Name of the Firm/Company

Full address

Rubberstamp

Place:

Dated:

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Annexure 5

DESPATCH DESTINATION

HDPE Bags shall be supplied to the following locations of the JSADCL on the F.O.R. Basis (Door delivery at HDPEs Godowns).

S.No. Region Sub-units

1 Each of 24 Districts of the Jharkhand State

Concerned location of the particular district.

Managing Director, JSADCL, Ranchi

Annexure-6

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SELF DECLARATION FORM

a) I/WE ……………………………………………. HAVING OUR OFFICE AT ……………………………………………………………………………. DO HEREBY DECLARE THAT I/WE HAVE CAREFULLY READ ALL THE CONDITIONS OF TENDER DOCUMENT FOR THE SUPPLY OF HDPE BAGS AS PER SPECIFICATION AND UNDERTAKE TO COMPLETE THE SUPPLY OF THE ORDERED QUANTITY AS PER THE SUPPLY SCHEDULE.

I/WE ALSO DO HEREBY UNDERTAKE AND ASSURE THAT I/WE SHALL SUPPLY THE HDPE BAGS AS PER SPECIFICATION/ TERMS AND CONDITIONS MENTIONED IN THE RFP.

b) I/WE HAVE DOWNLOADED THE TENDER FORM FROM THE WEB SITE www.neml.in/ www.sameti.org AND I/WE HAVE NOT TAMPERED / MODIFIED THE TENDER FORM IN ANY MANNER. IN CASE, IF THE SAME IS FOUND TO BE TAMPERED / MODIFIED I/WE UNDERSTAND THAT MY/OUR TENDER WILL BE SUMMARILY REJECTED AND FULL EARNEST MONEY DEPOSIT WILL BE FORFEITED AND I/WE AM/ARE LIABLE TO BE BANNED FROM DOING BUSINESS WITH JHARKHAND STATE AGRICULTURE DEVELOPMENT CORPORATION LIMITED

DATE: SIGNATURE OF THE TENDERER

Annexure 7

INVITATION FOR APPLICATIONS FOR COMMODITY PARTICIPANT (CP) MEMBERSHIP OF NCDEX e MARKETS LIMITED (NeML)

33

NCDEX e Markets Limited (NeML) is a 100% subsidiary of National Commodity & Derivatives Exchange Limited (NCDEX). NCDEX e markets Limited (NeML), is set up to provide an online trading platform for spot trading in various agricultural and non-agricultural commodities.

NCDEX e Markets Limited (NeML) invites applications for Commodity Participant Membership (CP) from persons all over India, who fulfill eligibility criteria contained herein. The CP membership shall entitle the Members to trade in single or multiple commodities across different segments. CP membership shall entitle the Members to trade on their own account only.

The words “Member” and “Applicant” used hereinafter refer and apply to CPs and the term “NeML” shall wherever used, shall refer to NCDEX e Markets Limited.

The Applicants who are admitted as Members shall adhere to the conditions, stipulations and guidelines as contained in the General Terms and Conditions of the NeML along with its amendments from time to time and directions issued by NeML or any Regulatory authority as communicated / notified from time to time by the NeML and / or any other Indian regulatory / statutory authorities.

1. TYPE OF COMMODITY PARTICIPANT MEMBESHIP

There are two types of CP Membership of NeML

A. Single Commodity CP Membership – Member can trade in only one single commodity or segment opted for.

B. Multiple Commodity CP Membership – Member is allowed to trade in all the commodities across all the segments

2. CRITERIA FOR ADMISSION AS CP MEMBER OF NCDEX e MARKETS LIMITED

(NeML)

A. ELIGIBILITY

A.1 Applicants who are:-

a) Individualsb) Sole proprietorsc) Limited Liability Partnership (LLP), Partnership Firms d) Co-operative societies registered with the registrar of co-operative societies of the

respective states / Union Territoriese) Companies, corporations or institutions incorporated under Companies Act, 1956 along

with the amended Act of 2013 or under any central or state legislation and are permitted under their Memorandum of Association or applicable constitution document

34

for engaging in production / trading / consumption / broking in commodities/assets/services etc.

f) Such other persons / entities as may be permitted by the relevant authority of the NeML

B. FEE / DEPOSIT STRUCTURE AND NET WORTH REQUIRMENT

Applicants whose applications are accepted for admission will be required to pay the following fees as given below. The fees indicated below are valid for one financial year i.e. from 1st April to 31st March of the following year and shall be renewed annually.

Sr. No. Particulars For Single Commodity CP Membership

For Multiple Commodity CP Membership

1 One time admission fees Rs.5000.00 Rs.25000.002 Membership Renewal Fees Rs.5000.00 Rs.5000.00

Note: Applicabel GST is chargeable on the above fees .Fees prescribed at Sr. 1 and 2 are non-refundable.

An applicant must pay the membership and other fees etc., as applicable at the time of admission.

C. ADMISSION PROCEDURE

All applicants are required to submit the application form in the prescribed format.

The admission procedure shall consist of appraisal of valid applications and other documents annexed and in case required, a personal interface with the membership committee constituted by the NeML for this purpose. The final acceptance / rejection of any membership shall be at the absolute discretion of the NeML and the decision of the NeML shall be final and binding.D. SUBMISSION OF APPLICATION FORM

Eligible applicants are required to submit their applications for CP Membership of the NeML in the format prescribed in CP FORM hereto, complete in all respects, along with all relevant documents and Annexures as applicable to the applicant and accompanied by non- refundable fees as per table above by demand draft / pay order drawn in favour of “NCDEX e Markets Limited”, payable at Mumbai or NEFT /RTGS in the account of NeML. Incomplete applications are liable to be rejected. The application along with relevant documents and applicable fees must be submitted at the following address of the NeML - “NCDEX e-Markets Limited, Membership Department, 1ST Floor, Akruti Corporate Park, Near G.E. Garden, LBS Road, Kanjurmarg (West), Mumbai – 400 078 Tel. No. 22 – 66406646” www.neml.in

E. Notwithstanding anything contained herein, the NeML shall have absolute discretion and right to relax, vary, change, add to and delete any or all of the

35

eligibility criteria for Application / Membership for any person or partners or directors or any member of governing body. Further, the admission of the applicant as a member would be at the sole discretion of the NeML.

F. Notwithstanding anything mentioned above, NeML reserves its sole and absolute right to reject, cancel, suspend and/or terminate the CP Membership granted to any Member at any point in time, with or without assigning any reasons whatsoever and any such decision of NeML shall be final and binding on the CP Member.

CP FORM

NCDEX e Markets Limited (NeML)

APPLICATION FORM FOR COMMODITY PARTICIPANT MEMBERSHIP (CP)

i) Please read the accompanying notes carefully before filling up the form.ii) Please attach all relevant documents along with this application.iii) Please use additional sheets to furnish information, wherever necessary.---------------------------------------------------------------------------------------------------

1. NAME OF APPLICANT:

2. Constitution: INDIVIDUAL SOLE PROPRIETORSHIP PARTNERSHIP FIRM LLP

CORPORATE - Pvt. Ltd.

CORPORATE - Public Ltd – Listed CORPORATE - Public Ltd – Unlisted

CO-OPERATIVE SOCIETY GOVT OR GOVERNMENTAL ORGANISATION OTHERS – PLEASE SPECIFY

3. Type of CP Membership (Tick Against The Membership You Opt For)

SINGLE COMMODITY MEMBERSHIP MULTIPLE COMMODITY MEMBERSHIP

Note: If single commodity membership specify Segment if any -___________

4. Date of Birth/Incorporation/Registration ___________________________________

5. PAN No. _________________ TIN No. _________________

6. GST Details A.GSTN – B.REGISTERED ADDRESS

__________________________________________

36

C.STATE CODES___________________________________________

*(For multiple branches and multiple states kindly provide details separately as Annexure duly stamped and signed by authorized person in order to avail input tax benefits from GST).

7. Registered Office Address –

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________City and state _______________ Pin

_____________________Tel. _____________________ Fax

_____________________Email ID _____________________ Contact Person’s Name _____________________ Mobile No. __________________ Designation _____________________

8. Address for Communication Please tick if the communication address is same as registered office address or else

fill in new address below -

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

City and state _______________ Pin_____________________

Tel. _____________________ Fax_____________________

Email ID _____________________ Contact Person’s Name _____________________ Mobile No. __________________ Designation _____________________

9. Details of the Individual /Proprietor/ Managing Partner/ Chief Executive /Chairman/ Secretary

Name : ______________________PAN No. ______________________ Address : ______________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________City and state _______________ Pin

_____________________Tel. _____________________ Fax

_____________________Email ID _____________________ MobileNo. _____________________

(Please give details of the Individual/Proprietor/Managing Partner/ Chief Executive/ Chairman/ Secretary of the governing body and all Directors / partners/members of governing body in Annexure SC – 3, along with their detailed biodata)

37

10.(A) Name of the stock / commodity exchange(s) on which the applicant is a member. (Please tick relevant)

NOT MEMBER OF ANY OTHER EXCHANGE YES, DETAILS AS UNDER 1. _______________________2. _______________________3. _______________________4. _______________________

Membership No. : ______________________

(B) Name of the stock / commodity exchange/s on which any director/dominant promoter/partner is a member.

NOT MEMBER OF ANY OTHER EXCHANGE YES, DETAILS AS UNDER 1. _______________________2. _______________________3. _______________________4. _______________________

11.Are you an Income Tax assessee? YES /NO If Yes, Please attach a copy of the latest IT Return with proof of filing.

12.Whether the applicant and / or any of the partners /promoters /directors / employees were/are involved in any financial irregularities? YES /NO

13.Has any disciplinary action been taken by any exchange against the applicant or any of the partners/promoters/directors/shareholders/ employees of the applicant? If so, please give details in a separate sheet? YES /NO

14.Whether any court case/s is / are pending against the applicant and / or any of its partners / promoters / directors / employees

A) in their present status YES /NO

B) as a promoter / principal / partner / director / employees of any organisation in the past - YES /NO

15.Please give full details of the applicant/partner / promoters/ shareholders / directors /

any of the core staff who:

(a) has/have ever been adjudged bankrupt or have a receiver order been made against them or have been proved to be insolvent at any time? YES /NO

(b) has/have ever compromised with its creditors for less than full discharge of debts? YES /NO

(c) has/have ever been involved in litigations, suits or proceedings or have been involved in any financial liability of contingent or unascertained nature?

YES /NO

38

(d) has/have ever been at any time convicted of an offence involving fraud or dishonesty or financial irregularities? YES /NO

(e) has/have ever been denied / rejected for membership of any stock / commodity exchange or commercial organisation? YES /NO

(f) has/have ever been suspended / expelled / declared a defaulter on any stock / commodity exchange or he has been debarred from trading in securities/commodities by any Regulatory Authorities like RBI, SEBI, FMC, Registrar of co-operative societies, statutory authorities etc.? YES /NO

(g) has/have committed any act, which renders the Company liable to be wound-up? YES /NO

(h) has/have had a provisional Liquidator or Receiver or Official Liquidator appointed by a competent Court? YES /NO

(If answers to question nos 14 - 17 are indicated as “YES’, please give complete details separately)

16. DETAILS OF THE BANK ACCOUNT OF APPLICANT (Enclose cancelled cheque copy)

A. BANK ACCOUNT NUMBER ___________________________________________B. BANK NAME

___________________________________________C. BRANCH CITY AND NAME ___________________________________________D. IFSC CODE

___________________________________________E. ACCOUNT TYPE

___________________________________________(Point No16 needs to be certified by Bank that account is conducted satisfactory)

DECLARATION - Any mis-statement or misrepresentation or suppression of facts in connection with this application for CP membership or breach of any undertaking or condition of admission of CP membership entails rejection of application or expulsion from membership.

I/We hereby state that the above-mentioned particulars and annexures hereto are true, correct and complete to the best of my/our knowledge and information. I / We also state that no relevant material fact has been misstated, misrepresented or suppressed. Further I/We state that I/We agree and accept to abide by the General Terms and Conditions of NeML as amended from time to time and also agree and accept to abide by the terms and conditions subject to which any commodity has been offered for trading on NeML platform.

Signed and Sealed:

Name :Designation:Place and Date :

APPLICATION TO BE SIGNED BY:

For individuals By the Individual himself/herself

Affix Passport size photograph of the Signatory

39

For partnership firms By all the partners of the firmFor Co-operative Societies By persons duly authorized by a resolution in accordance with Bye Laws of the society

(submit certified true copy of the relevant resolutions, duly signed)For Corporates / Institution

Managing Director/Whole Time Director/any other person/s as authorised by the Board (Submit certified true copy of the relevant Board resolution)

Documents to be enclosed along with Application Form Corporate/Co-operative Entity Applicant Tick Mark

attached documents

Partnership Firm, LLP Entity Applicant

Tick Mark attached documents

Certificate of Registration and Incorporation of company/society

  Partnership Deed along with any changes, amendments

 

Memorandum of Association & Article of Association

  IT returns for last 2 years  

IT returns for last 2 years   Balance Sheet, P&L Account for last 2 years

 

Annual Report for last 2 years (containing Statement of Accounts, Balance Sheet, name of Directors, Members, Shareholding pattern etc.)

  PAN and GST registration copies and address proof

 

In case current year Annual Report not available, submit the above documents separately.

  Any other documents as mentioned in the Contract note/RFP

 

Bye Laws of Co-operative Society   NeML Risk Disclosure Document signed by the Parties

 

PAN and GST registration copies and address proof

  Notarised Undertaking on Rs.500/- Stamp Paper

 

Any other documents as mentioned in the Contract note/RFP

 

NeML Risk Disclosure Document signed by the Parties

 

Notarised Undertaking on Rs.500/- Stamp Paper

 

  Individual and Sole Proprietor Entity Applicant

 

Firm Registration Certificate – For Sole Proprietors only

 

IT returns for last 2 years  PAN and GST registration copies and address proof

 

Any other documents as mentioned in the Contract note/RFP

 

NeML Risk Disclosure Document signed by the Parties

 

Notarised Undertaking on Rs.500/- Stamp Paper

 

ANNEXURES TO THE CERTIFICATE TO BE FURNISHED ALONG WITH THE APPLICATION

Annexure I - Details of Directors/ Partners/ Proprietor (Please submit only in case there is change in Articles of Association submitted) Annexure II - Share holding pattern of company/Sharing Pattern of the Partnership Firm (Please submit only in case there is change in Partnership deed submitted)

ANNEXURE III: Details of the Stock Exchanges in which Applicant Company is listed(Please submit only in case applicable)

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The Annexures are to be certified by the Statutory Auditors.

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Annexure: ICertificate dated _______

Submitted by ____________________to NCDEX e-markets Limited (NeML)

DETAILS OF DIRECTORS/PARTNER/PROPRIETOR/SOCIETY MEMBER

S.N NameAgeEducation #

Designation, since @

ExperienceNo. of years#

Share holdingNo. Amt % age of total

Directorships / controlling share holding in other cos / entities

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

Date:Place:

Signature(s)NOTES :

@ : Enclose the conduct Certificate / Status report from the stock exchange for the companies.

# : For each of these memberships, give details of disciplinary action, if any, taken by the Stock / Commodity Exchange or any other regulatory/statutory authority in respect of these memberships with dates in the following format:

* Expulsion * Suspension* Default* Any other disciplinary action or enquiry against the member

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CERTIFICATE (for Corporates / Institutions only)

This is to certify that the Shareholding in ______________ as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction.

Date: For (Name of Accounting Firm)

Place:

Name of Partner

Chartered Accountant Membership Number

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Annexure II (For Corporates / Institutions)Certificate dated_________

Submitted by ______________________ to NCDEX e-markets Limited (NeML)

SHARE HOLDING PATTERN of _____________________ as on ______

Sr. no. Name # Number of Shares held Amt paid up %age of total

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Others @ ---------------------

--------------- ----------------TOTAL

100 % ============

========== ==========NOTES :

# In case of body corporate, give similar details thereof separately. partnership firm, give names of all partners and the sharing pattern.

@ Persons holding 2% or more of the paid up capital should be shown separately and not clubbed in Others.

Date :Place :

Signature(s)

Annexure: II (LLP or Partnership Firms)Certificate dated __________

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Submitted by _____________ to NCDEX e-markets Limited (NeML)

SHARING PATTERN of _____________________ as on ______

Sr. no. Partner Capital in the Firm Share in Profits Share in Losses

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

--------------- ---------------- ------------------

TOTAL 100 %

========= ======= =======

Date:

Place: Signature(s)

Note: If any company is a partner, please furnish the shareholding of that company.

CERTIFICATE

This is to certify that the Capital and Sharing Pattern of ______________ as given above, based on my/ our scrutiny of the books of accounts, records and documents is true and correct to the best of my/our knowledge and as per information provided to my/our satisfaction.

Date:For (Name of Accounting Firm)

Place:

Name of Partner

Chartered Accountant Membership Number

Annexure III

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Certificate dated_________Submitted by___________________to NCDEX e-markets Limited (NeML)

To be submitted by listed public company

Sr. No. Name of the Stock Exchange(s)Listed since (date)

on which company is listed

1.

2.

3.

4.

Date: Place:

Signature(s)

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CHECK LIST

An applicant for membership is required to note the following and furnish all the documents.

Applications should be complete in all respects.Applications may be retyped on A4 size paper provided all the contents remain intact.

Duly completed application should be submitted along with the relevant documents mentioned above

Attach such other documents that the applicant believes are relevant to the application. Attention of applicants is particularly drawn to the following provisions:

Any canvassing by an applicant shall debar his application from being considered for membership

The membership of NeML shall be at the sole discretion of the NeML. Incomplete applications shall not be accepted

Annexure 8

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AGREEMENT

This agreement is made on this between the Jharkhand State Agriculture Dev. Corporation Ltd., Krishi Bhavan, Kanke Road, Ranchi-834008 (hereinafter called “Corporation”) which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and assigns) of the first party and M/s. (herein after called the “supplier” which expression shall include unless excluded by or repugnant to the context, be deemed to include its successors and assigns) of the second party.

WHEREAS the “Corporation” with the intention of purchasing Certification and packing materials invited offers vide tender No.

AND WHEREAS the supplier applying for their tender No. and upon consideration of the tender and after due deliberation, the Corporation placed Purchase Order No. dated with supplier for the supplies of items/materials as per specifications quantities and No. mentioned in Purchase Order No. dated which shall form part of this agreement. Amendment made in the P.O., if any, shall also form part of this agreement.

AND WHEREAS the Corporation and the supplier have agreed to all the terms and conditions as contained in the tender document, for Tender No. which shall form part of this agreement.

SETTLEMENT OF DISPUTES

All disputes or differences in relation to the tender, the contract or the interpretation of any of their terms or implementation there-of or arising out of or concerned directly or indirectly with the contract shall be referred to the arbitration or a single arbitrator to be appointed by the Managing Director of the Corporation and in the absence of MD, the highest Executive Officer of the Corporation shall make such appointment. The venue of arbitration shall be at Ranchi. The court of law at the Ranchi alone will have jurisdiction in the matter of any disputes whatsoever.No amendment or modifications in the terms of this agreement shall be considered valid unless it is in writing and duly signed by both the parties.

IN WITNESS WHEREOF both the parties have here to subscribe their signature on the date and year herein above written through authorized representatives.

For and on behalf of the supplier for and on behalf of the JASDCL. Ranchi.

Witness Witness

1. 1.

2. 2.

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