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Terms and Condiations
The e-sale of Kenduleaves on MLB system will be subject to the following terms and conditions conducted by OFDC Ltd. from 01/12/06 to 20/12/06 unless/otherwise any changes in future are notified for stocks of 2006 Crop year put to e-sale. The purchasers are therefore advised to refer this terms and conditions of sale for use in future e-sales.
- Purchasers are advised to inspect the Kendu Leaf lot[s] in different Godowns before offering the rate. They may contact the concerned Divisional Manager-CKL and/or Sub-Divisional Manager-KL, OFDC on any working day to inspect the Kendu leaf lots in his Division. Participation in the sale shall be considered as complete proof of the fact that the purchaser is satisfied with the quality and quantity and disposition etc. of the stock in a lot.
- No complaint whatsoever regarding quality and other defects will be entertained in respect of any lot(s) after finalisastion of sale in favour of the Purchaser[s].
- The weighment of the Processed bags has been standardized and for all purposes each Processed bag will be treated as 60 Kgs.
- The authority conducting the sale reserves the right to reject any or all the offer on a day in respect of any lot(s) or to postpone or cancel the sale of any lot(s) without assigning any reason thereof. Ordinarily the lot(s) notified for sale will not be subject to any addition. However, the authority conducting the sale can withdraw/add the lot(s) for good and sufficient reasons as and when required. He shall not be answerable in any Court of law or in any forum etc. in any manner for rejection of any offer.
- Sale once finalized in favour of a purchaser cannot be transferred subsequently to any other person. KL lot[s] sold in any day are to be treated as deleted from OFDC web-site on the same day and offers would be accepted for the rest unsold lots. On acceptance of offer for sale on a day, the lot concerned shall be withdrawn and a notice in this regard shall be placed at Notice Board at Corporate Office.
- The purchaser shall be bound by all Forest Department Rules and Regulations in connection with the purchase and transit of the Kenduleaves.
- Offer has to be given per quintal of KL whose MLB is available in OFDC web-site [www.orissafdc.com] as well as Corporate Office Notice Board (exclusive of all applicable taxes, levies, fees & duties etc) and on ex-godown basis against each lot.
NB- Forest Development Tax shall not be collected from the purchasers.
- The purchaser shall furnish in writing the postal address to which all communications relating to sale will be sent. Any letter or communication sent to purchaser on such address by Regd. Post will be deemed to have been received by him even if returned undelivered.
- Acceptance of offer
- OFDC Ltd. reserves the right to accept or reject the offer[s] of a lot or any of the lots mentioned in the OFDC Website www.orissafdc.com without assigning any reason thereof. Managing Director , OFDC Ltd. is not bound to accept the offer and not answerable in any Court of law or forum etc. in any manner for such action.
- If a particular lot same offer is submitted by more that one purchaser, the acceptance of such offers shall be done on the basis of negotiation with them only.
- It should be expressly understood that calling for offers do not take away the right of the Corporation in any manner to cause sale of the lot[s] put to e-sale in any other method or not to sell it.
The date of issue of order accepting the offer will be treated as date of sale.
- The date of issue of order accepting the offer will be treated as date of sale .
- The purchaser will not be eligible to rescind or withdraw his offer between the submission of offer and the final approval by the Corporation. In the event of violation of this provision, Bank Drafts submitted towards sale value will be forfeited.
- PAYMENT OF SALE VALUE
The purchaser who is not the Registered KL purchaser with OFDC Ltd. for 2006 Crop shall pay the full sale value in shape of Bank Drafts of Nationalized Banks along with the written offer in favour of OFDC Ltd, payable at Bhubaneswar.
The Registered KL purchaser of OFDC Ltd. can deposit 50% the full sale value offered for a lot in favour of OFDC Ltd, payable at Bhubaneswar with his written offer. He shall be however required to deposit balance 50% of the sale value within 30 days of date of acceptance of offer. Default in payment of balance sale value within 30 days would amount to forfeiture of previous deposit as well as cancellation of sale in his favour.
- LIFTING PERIOD
The purchaser has to lift the lot[s] within 75 [seventy five] days of the sale and the concerned Divisional Manager-CKL can allow lifting within 90 [Ninety] days on realization of CG rent as admissible. Extension of time for further 15 days [i.e up to 105 days of the sale] may be allowed for lifting the lot[s] at the discretion of General Manager on payment of Godown rent. .
When the purchaser is allowed to lift the Kendu Leaf Lot[s] after the period of 75 [seventyfive] days from the date of sale, he shall have to pay Godown rent @ Rs.5/-[Rupees five] only per bag per month or fraction of a month.
In case the purchased lot[s] is not lifted within the aforesaid extra period of 15 days [i.e within 105 days from the date of sale] the purchaser will cease to have any right over the produce , the sale will be treated as cancelled, amount deposited towards sale value of the lot[s] will be forfeited to the corporation and the purchased lot[s] will be resold as property of OFDC Ltd. in the very next sale.
- In case of Purchase for the purpose of export outside India, the Purchaser shall give in writing to the authority conducting the e-sale the detailed particulars Viz: Name and Address of the party / Country to which export is to be made , details of contract entered into with the foreign buyer to prove the genuineness of the purchase for export along with the offer.
- VAT/Central Sales tax and Other Taxes, levies, fees, duties etc. will be charged extra over and above the sale price as per law from the Purchaser. Income Tax will be deducted at source as per provisions of sec 206 C of the Income Tax Act from Purchasers except those who produce the required exemption certificate from the concerned Assessing Officer of the Income Tax Deptt.
NB- F.D.Tax shall not be collected on sale of Kenduleaves by OFDC Ltd. to its purchasers
- The Directors / Managing Director of Orissa Forest Development Corporation Ltd. at his discretion may revive the contract or extend the time for lifting of the stock beyond prescribed time limit on imposing a penalty to cover the expenditure incurred or any inconvenience faced by the Corporation for any default by the purchaser.
- Only in exceptional circumstances and in case of genuine difficulties presented in writing, the Directors / Managing Director may at his discretion relax the sale conditions stipulated.
- Only the Courts at Bhubaneswar will have the jurisdiction over all litigations that may arise out of the aforesaid sale and no litigation shall be instituted in any Court at any other place.
for ORISSA FOREST DEVELOPMENT CORPN. LTD. CHAIRMAN cum MANAGING DIRECTOR
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