Malegaon Municipal Corporation Malegaon 1 Malegaon Municipal Corporation Malegaon MUNICIPAL CORPORATION MALEGAON TENDER FOR APPOINTMENT OF AGENT FOR OCTROI DUTY & ESCORT FEE COLLECTION Minimum offer Amount for Octroi Rs. 80,99,05,785/- (Rs.Eighty Crores Ninety Nine Lac Five Thousand Seven Hundred Eighty Five Only) Minimum offer Amount for Escort Rs. 28,17,31,715/- (Rs.Twenty Eight Crores Seventeen Lac Thirty One Thousand Seven Hundred Fifteen Only) Total offer Amount for Octrio & Escort Amount Rs. 109,16,37,500/- (Rs. One Hundred Nine Crores Sixteen Lac Thirty Seven Thousand Five Hundred Only) Online E-Tender Notice No. : MMC/OCT/ 1 /12 -13 Date : 26 /06/2012 Cost of Tender Document : Rs. 50,000/- (Rs. Fifty Thousand Only) Online Tender Selling : From 27-06-2012 to 26-07-2012 between 11.00 a.m. to 04.00 p.m. Online E-Tender Date of EMD: From 27-06-2012 to 26-07-2012 between 11.00 a.m. to 04.00 p.m. Online Bid Submission : Date 26-07-2012 From 05.01 p.m. To Date 28 -07-2012, 04.00 p.m. Online E- Tender Issing Authority: Commissioner, Malegaon Municipal Corporation, Malegaon Online Tender Issued to : M/s________________________________ ___________________________________ ___________________________________ D.D. No. & Date : ___________________________________ Tender Document Cost ___________________________________ Opening of Bid : If possibale as on 30/07/2012 at 10.00 A.M. MALEGAON Signature of Issing Authority Date : / 06/2012
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Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
MUNICIPAL CORPORATION MALEGAON
TENDER FOR APPOINTMENT OF AGENT FOR OCTROI DUTY & ESCORT FEE COLLECTION Minimum offer Amount for Octroi
Rs. 80,99,05,785/-
(Rs.Eighty Crores Ninety Nine Lac Five Thousand Seven Hundred
Eighty Five Only)
Minimum offer Amount for Escort
Rs. 28,17,31,715/-
(Rs.Twenty Eight Crores Seventeen Lac Thirty One Thousand
Seven Hundred Fifteen Only)
Total offer Amount for Octrio & Escort Amount
Rs. 109,16,37,500/-
(Rs. One Hundred Nine Crores Sixteen Lac Thirty Seven Thousand
Godown Registers every month to the Corporation and the same shall remain in
the Custody of the Corporation. Failure to do so shall render the offer liable for
payment of fine Rs. 100/- per day after completion of period of one month of the
submission of above books of account.
The agent shall not make or retain any secret profit or margin during the
collection of the octroi & escort fee. The agent shall not accept octroi without
giving the requisite receipts to the importers. If at any time during the course of
agreement it is found or discovered that agent has or has been indulging in
these kinds of tacties, he shall be liable for criminal prosecution. The Corporation
shall also be at liberty to cancel the agreement by giving show cause notice of one
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Malegaon Municipal Corporation Malegaon
month to the offerer and after hearing his say the Corporation shall be entitled to
recover all the losses or damages from the agent by encashing the Bank- Guarantee
/ Security Deposit.
22. REBATE
The Agent shall not be entitled to any compensation, rebate or reduction in
the contract amount quoted by the agent in his offer whatsoever on the ground that
there is closure of market or the strike by the merchants, transporters or
shifting of market by business or Association of Merchants outiside the limits of
the Malegaon Municipal Corporation, Malegaon or natural calamities, riots
otherwise or for any other reasons there is decrease in volume of busineess or
collection of octroi or for any reason whatsoever. It is made clear that the
Agent shall not be entitled to claim any rebate, compensation, reduction in the
contract amount or deferment of the instalment on any ground whatsoever and
same shall not be the subject matter of dispute between the Agent and Corporation
and this is the essence of contract. The contract shall be liable to be terminated by
the Corporation because of non payment of fortnightly instalments or for delay in
payment of forthnight instalment without assigning any reason.
23. SECURITY DEPOSIT
i) Agent shall furnish a Bank Guarantee of Rs. 10,91,63,750/- (Rs. Ten
Crores Ninety One Lac Sixty Three Thousand Seven Hundred Fifty Only) each in four equal part of which shall be of Rs 2,72,90,938 /- (Two Crores Seventy Two Lacks Ninety Thousand Nine Hundred Thirty Eight Only) i.e. each part drawn on any Nationalised Bank in the prescribed form only as and by way of security deposit within 8 (Eight) days of the acceptance of offer or before entering into contract. In the event of failure to comply with this condition the acceptance of the offer of Agent shall be liable to be cancelled at his own risk and cost of the Agent/ and subject to such other rights and remedies as may be open to Corporation under the terms of contract and law. The said deposit will not carry and interest whatsoever from the Corporation.
ii) The Bank Guarantee shall be furnished by the Agent for the period of
Eighteen month so that any amount of octroi duty found to be refundable under
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Malegaon Municipal Corporation Malegaon
the provisions of the said Act, and Rules, is refunded to the importers of goods,
then the Bank Guarantees in the form of Security Deposit shall also be held
by the Corporation, as security for the performance of all the terms, conditions
and provisions of the contract, and that in case of defult on the part of the agent
to perform and observe any terms of the said contract, covenants, conditions or
provisions or in the event of termination of the contract by the Corporation on any
ground under any clause, then it shall be lawful for the Corporation to forfeit the
whole or any part of the security deposit without prejudice, to any remedy that
the Corporation may have against the Agent under the contract for such breach
and the Corporation shall be entitled to encash the Bank Guarantees forthwith
and to appropriate the security deposit or any part thereof or towards the
satisfaction of any claim of the Corporation for any damages / loss/ costs/
compensation charges/ or expense/ or otherwise, including nonpayment of
forthnight installments whatsoever. The decision of the Corporation in respect
of the these matters shall be final and binding on the agent.
iii) In case of the due compliance with all the obligations and the
requirement or terms and conditions of the contract by the agent the Corporation
shall not claim Bank Guarantees or such part thereof which are not forfeited or
appropriated as aforesaid. In case all the claim and refund claim against the agent
is not settled before the period of expiry of the Bank Guarantee then it shall be
binding on the agent to extend the bank guarantee for a period of another six
month on demand from the Corporation.
iv) Experience has shown that in some cases, it takes three weeks to procure
Bank- Guarantees. In such an event if the offerer chooses to deposit in cash, an
amount equivalent to 10% of accepted tender amount, the Agent may be allowed
to start collection work for one month only, If during said period the agent fails to
submit the Bank Guarantees, the agency shall be terminated on the last day of the
month, and amount of deposit shall be forfeited. During period of this one month
the agent shall pay forthnight payment of octroi & escort fee as per terms and
conditions. In case of failure to remit the said amount in time, during any
forthnight agency shall be instantly terminated and deposit amount shall be
forfeited. The above arrangement shall not be continued in any case beyond
period of one month.
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Malegaon Municipal Corporation Malegaon
24. SUMMARY TERMINATION :
a) In any of the following events, contract shall stand terminated forthwith
without any notice to the Agent, without prejudice to any rights of Corporation
under the Contract to claim any sum or otherwise if the agent/s being the natural
person / persons/ dies /die or being natural person or partnership firm is
adjudged as insolvent or commits any act of insolvency or being a limited
company ,is ordered to be rounded up or makes any arrangement with its creditors
b) TERMINTATION : The contract may be terminated by the
Commissioner because of non payment or delay in payment of forthnight
instalment or delay in or not furnishing deficit bank guarantee in place of forfeited
or encashed bank guarantee
25. DISCRETION AS TO DEFERMENT OF INSTALMENT
However, it shall be the absolute discretion of the Commissioner to
postpone the payment of the installments by three working days or such other
days in exceptional circumstances and in that event, the agent/s shall be liable to
pay to Corporation an interest at the rate of 20% per annum on the amount of the
installment so default from the date of default till the payment of that installment
which shall not be exempted in any circumstances.
However the payment of installments be remitted to the MMC on the fixed
last day of every forthnight during the Bank transaction hours.
26. RECOVERY OF ADVANCE AMOUNT FROM IMPORTER
The agent shall not be entitled to recover any advance amount from
the importer of the goods. The octroi shall be imposed, assessed, levied and
collected only on the goods which actually are imported within the limits of the
Corporation or the Octroi limit.
27. LABOUR / EMPLOYEES
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Malegaon Municipal Corporation Malegaon
a) The agent shall not employ any employee in connection with the works
of collection of octroi & escort fee any person who is minor. While appointing the
contract labour the following conditions shall be the conditions precedent,
(i) Contract labour permission of Govt. Labors Officer.
(ii) Not appointing of Child labours.
(iii) Miniumum wages to the labours.
(iv) Provision of security of labours.
(v) To obey all the conditions & provosion of Labour Acts.
b) The agent shall furnish to the Municipal Commissioner, information on
the various categories of labour/ employees/ officers employed by him in the
prescribed form and at such intervals as may be specified. The agent shall issue
identity cards to all his employees, and the said card shall be countersigned by the
Octroi Superintendent Officers of the Corporation.
c) The agent shall provide uniforms and Batches to his employees/
Officers as per directions given by the Commissioner/ or his authorised officer
d) The agent shall in respect of labour employees/ officers employed by
him, comply with or cause to be complied with the provisions of the vaiours
Labour Laws and Rules and Regulations as applicable to them in regard to all the
matters provided therein and shall Indemnify the Corporation in respect of all the
claims that may be made against the Agent to Corporation for non compliance
thereof by the Agent.
e) Notwithstanding anything contained herein, the Municipal
Commissioner, may take such action and issue such instructions as may be
necessary for compliance of the various Labour Laws and recover the costs thereof
from the agent.
f) It is the responsibility of the Agent to obtain the License in accordance
with the Rules and provisions of Contract Labour (Regulation and Abolition) Act,
1970 or under any other law that may be applicable and the Corporation shall not
be liable for any contravention of the said laws by the Agent, who shall solely be
responsible for such contravention.
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Malegaon Municipal Corporation Malegaon
g) The agent shall, on the written directions of the Municipal
Commissioner, immediately remove from the work, any person, employed
thereon, who may in the opinion of the Municipal Commissioner or officer on his
behalf has misconducted himself. Such person shall not be employed again on
works without the written permission of the Municipal Commissioner.
h) In the event of the Agent commits a defult or breach of any provisions of
Labour Law and Rules and Regulations or any of the law as applicbale to
employees/ officers, the agent shall only be solely liable/ responsible under those
Act and the Corporation shall not in any way be responsible for the same.
i) The agent shall, provide sufficient illumination at all the nakas during
night with necessary High mask lighting at central Motibagh Naka with all fixture
and fittings. The same shall after the expiry of contract period shall the become
the property of the Corporation. The agent will not be able to remove them or
claim any compensation for it.
j) The agent shall provide pure drinking water and sanitation facility,
including toilets, for the employees working at all the nakas.
28. ACCIDENTS
a) It shall be the Agent’s responsibility to protect against accidents on the
works and the agent shall be responsible/ liable to pay the damages/ compensation/
any amount awarded under any Act for any accident/ injury during or in the course
of employment. He shall indemnify the Municipal Coropration against any claim
for damage or for injury to persons or property resulting from and in the course of
work and also under the provisions of the Workmen’s Compensation Act. In case
the Corporation is made to pay any such amount of compensation, it shall be
entitled to encash the said amount form the Security deposits incase of agent’s
failure to indemnify the Corporation.
b) On the occurrence of the accident arising out of the works which results
in death, or which is so serious as to be likely to result in death the agent shall
within twenty four hours of such accident, report in writing to the Municipal
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Malegaon Municipal Corporation Malegaon
Commissioner, the fact stating clearly and with sufficient details the circumstances
of such accident and the subsequent action. All other accidents on the works
involving injuries to persons or damages or property other than that of the agent
shall be promptly reported to the Municipal Corporation, stating clearly the
accidents and the action taken. In all cases the agent shall indemnify the
Municipal Corporation against all losses or damages resulting directly or report in
the manner aforesaid. This includes penalties or fines, if any payable by the
Municipal Corporation as a consequence of failure to given notice under the
Workmen’s Compensation Act or failure to conform with the provisions of the
said Act in regard to such accidents.
c) In the event of an accident in respect of which compensation may
become payable under the Workmen’s Compensation Act, (VIII of 1923)
including all modifications thereof, such compensation shall be payable by the
Agent only and the Corporation shall not be liable for any claim penalty under
any circumstances.
29) INSURANCE
The agent shall take out insurance for all the Naka Buildings, Offices and
Godown of Octroi, goods kept in custody for verification, alongwith the
furniture & records for a total amount not less than Rs. 1,00,00,000/- (One Crore
only) and reimburse the claim amount of the Corporation or importer of goods for
the loss caused to the Corporation, as the case may be. Goods taken in the custody
of the Agent for non payment or evasion of octroi shall be kept by the Agent in
his custody or his warehouse if any but immediately shall be shifted in the
custody/ control or in the warehouse of the Corporation for further safe custody.
30. DISPUTE :
In case of any dispute, arising out of contract the same shall be referred to
Commissioner MMC as a Arbitrator and his decision shall be final and binding on
the Agent and the appeal against the decision of Commissioner in case of any
dispute shall lie finally before the Government in Urban Deveopmnent
Department.
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Malegaon Municipal Corporation Malegaon
If the agent is dissatisfed with the decision, of the commissioner he shall
prefer an appeal before the Govt. in Urban Development Dept. Mumbai within a
period of 30 days from the receipt of the final decision, failing which the decision
of the Commissioner shall be conclusive and final and the same shall not be called
in question. If no appeal in received within the time limit of 30 days from the date
of decision of the Commissioner no appeal shall be entertained by Government,
on the ground of limitation.
In any case no arbitrator shall be appointed for any dispute.
The offerer shall be bound by the amount offered by him and accepted by
the Municipal Corporation . In short the octroi agent shall not raise any dispute on
any account in respect of fixation of minimum offer amount by the
Municipal Corporation.
The Municipal Corporation shall have the authority to allow current account
facility to any individual, industry, or organisation (existing or new) as per
provision of The Bombay Provincial Municipal Corporation Act, 1949. The
amount of deposit shall be remitted to the M.C. and not to octroi- agent.
forthnightly adjustments against the octroi leviable on the goods imported by
such current Account holder shall be forwarded monthly to the Municipal
Corporation in prescribed form by the account holder and a copy of the monthly
statement will be send to the agent. The agent shall verify the monthly
statement of account and forward it after verification and comments to the
Municipal Coroporation, within 4 days from the date of its receipt, failing which
verification by the octroi agent shall be presumed by the Municipal Coroporation.
The appeal in respect of any dispute shall lie to the Municipal
Commissioner and lastly to the Government.
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Malegaon Municipal Corporation Malegaon
31. TENDER DOCUMENTS :
The Octroi agent will be bound to levy octroi & escort fee as per the
schedule of rates fixed by the Municipal Corporation No decrease in the octroi
rate and no partial or full exemption on any new article shall be admissible.
Similarly no increase in the octroi rates shall ordinarily be made . In case of any
dispute relating to the schedule of rates fixed by the Municipal Corporation those
contained in the schedule accompanying the octroi rules, the decision of the
Commissioner shall be binding on the octroi agent. The octroi agent shall have no
authority to levy octroi of any article not included in the Corporation schedule
or increase or decrease the rate of octroi rate, on any of the articles contained in
the Councils schedule. The Municipal Corporation shall have authority, as
provided in the Act or Rules to grant full / partial exemption in respect of any
article to be imported by any new Industry or Organisation. In case the octroi agent
levies octroi on the goods not included in the schedule / levies octroi on goods on
which octroi was not levied by the Corporation immediately prior to the
appointment of the agent or levies octroi at increased rate or levies octroi on
exempted goods or levies octroi at full rate on partially exempted goods, the entire
amount collected by the agent in this manner shall be fully remitted to the
Municipal Corporation on the very day and such amount shall not be taken into
account for purpose of computing forthnight payment by the octroi agent. In
other words the entire amount so collected shall be the income of the Municipal
Corporation and the octroi agent shall have no relief in amount of forthnight
payment on this account.
b) The Government / Semi Government organizations and such other
organizations , who were enjoying the credit facility in the matter of octroi
payment prior to the date of appointment of the octroi agent shall continue to enjoy
the facility. It shall be responsibility of the octroi agent to persue the payment of
octroi amount by such organisations . The Municipal Corporation may however,
extend necessary co-operation in the matter to expedite the payment of octroi by
the said Organisations. The octroi agent cannot claim any interest or adjustment in
the forthnight payment against any such delayed payment by such organisations.
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Malegaon Municipal Corporation Malegaon
c) In the event of the octroi agent levying octroi on the goods imported
by the Central Government, which are exempted under the Constitutional
provisions, the entire amount is refundable by the octroi agent within 8 days after
the order to do so by the Commissioner of the Municipal Corporataion.
d) No agent will be allowed to start collection of octroi untill, the Bank
Guarantees for the appropriate amount are furnished and the agreement is entered
into, except as provided elsewhere.
e) In the event of termination of agency due to delay in payment of
forthnight amount or any such reason in excess of permissible limit / period
(Except under the specific permission of the Govt.) or in the event of the agent
relinquishing the agency for any reason the Municipal Corporation shall forfeit the
entire amount of Bank Guarantee furnished by the Agent.
f) If any bidder withdraws his bid for any reason , the entire amount
of earnest money deposited shall be forfeited.
g) The agent shall raise no dispute regarding minimum offer
amount, even if there is mistake in the calculation (due to any reason) by the
Municipal Corporation.
h) The amount of earnest money shall be 1 % of the minimum offer
amount and shall stand fully forfeited in case the offerer withdraws his offfer for
any reason after submitting tender papers before or after opening of the tenders.
The earnest money shall be refunded, within 8 days the octroi agency is finally
fixed to all offerers, including the offerer whose tender is accepted and agreement
is entered into.
i) If the offerer chooses to deposit in cash an amount equivalent to 10
% of the accepted tender amount he may be allowed to start collection work for
one month only. If during the said period the agent fails to submit bank guarantees
the agency shall be cancelled and 10 % of amount deposited shall be forfeited. In
case of failure to remit the forthnight amount in time during any forthnight the
agency shall be instantly terminated and the deposite amount forfited. A simple
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Malegaon Municipal Corporation Malegaon
Memorandum of Understanding on the stamp paper of requisite denomination in
the form prescribed and enclosed, shall be entered, before making the above
arrangement.
j) If Government auditor raises any objection during the course of audit
of corporation the agent shall remove those objection during his period or even
after completion of period of collection of octroi. This term is binding upon the
agent
k) The guidelines of Govt. circular No Octrio- 2011/pra-kra 11/Nvi.34,
Mantralya Mumbai- 32, dt. 19 April 2011 is the part and parcel of the tender
process and agreement therefor.
32. ESCORT PASS FEE :
The agent shall collect Escort fee at the rates determined and fixed
by the Muncipal Corporation of Rs. 100 (Rs. Hundred only) form the vehicle/
which loaded dutiable goods imported for immediate export in Muncipal limits.
The Escort fee shall not be collected from the passenger vehicles, Car, Jeep, Empty
Vehicle & Two wheeler.
33. TENDER AMOUNT
The Tenderer should offer the tender amount inclusive of Octroi
offer price and Escort Fee. And he should not quote both amount separately. They
should furnished only one consolidated amount of both offers.
34. CLAUSE, LEGAL JURISDICTION :
The legal Jurisdiction for purposes of dispute of any matter in this
agreement shall be the District of Nashik and Mumbai only.
COMMISSIONER
MALEGAON MUNICIPAL CORPORATION MALEGAON
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL CORPORATION AND THE OCTROI & ESCORT
FEE AGENT.
Whereas, the octroi agent has stated in writing that he should be allowed to start the octroi & escort fee collection work w.e.f.
AND
Whereas, he has requested in writing for extension in the prescribed period for submission of bank guarantee by one month upto. This M.O.U. that 1) The agent first remits in cash an amount equivalent to 10 % of the accepted tender amount in the Municipal Corporation II) In the event of failure to submit bank guaranteed within the said one month
upto---------------the agency would automatically stand terminated on--------------------and the entire amount of deposit made as at ( I ) above and earnest
money would stand forfeited. III) In case of such termination of agency, no claim for compensation or conten tion by the agent, on any account or reason is entertainable. IV) The amount of earnest money and the said deposit should be refunded in
full if the agent submits bank gurantee by or before the said date viz.-------- Witnesses Name, Seal, and signature of the agent ---------------------------- ------------------------------- Name : _____________________________________________
Signature Name : _____________________________________________ Signature of the Commissioner Name, Seal, and Signature for Agent Name : _____________________________________________ Signature Name, Signature for Commissioner (The original M.O.U. to be with the Commissioner)
Malegaon Municipal Corporation Malegaon
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Malegaon Municipal Corporation Malegaon
FORM OF OFFER
(to be submitted in sealed cover with superscription)
OFFER FOR APPOINTMENT AS AGENT FOR OCTROI & ESCOFT FEE
COLLECTION).
From
Full Name :-------------------------------------------------------------
( i ) Telegraphic Address :-------------------------------------------------------------
(if any)
( ii ) Telephone Number :-------------------------------------------------------------
( iii) Telex Number :-------------------------------------------------------------
(iv) Mobile Number
( v ) Fax No. :-------------------------------------------------------------
TO THE COMMISSIONER MALEGAON MUNICIPAL CORPORATION MALEGAON DIST- NASHIK Sub :- Offer for appointment as agent for collection of octroi, imposed and levied
by Malegaon Municipal Corporation, for consunption use and sale etc and collection escoft fee therein for the period for Only One Year
Sir, Pursuant to the Notice No.--------------------------date---------------------- issued by the Commissioner, Malegaon Municipal Corporation appointment of an agent
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Malegaon Municipal Corporation Malegaon
for collection of octroi & escoft fee I/we hereby submit my/our offer for being appointed as your agent for a period for Only One Year for collection of octroi & escoft fee as per rate, laws, rules and orders issued by Govt./ Corporation I/we offer sum of Rs. (Rs--------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------) for octroi & escort fee collection of octroi within the limits of Malegaon Municipal Corporation I/ we have carefully read and under stood terms and conditions of offer for being appointed as your agent for the aforesaid purpose and also the terms conditions of the contract and in token of my having read them carefully I/ we have enclosed and copy of each of the same ( each page) and I / we hereby agree to duly abide by them. I/ we agree to keep my/our this offer open for acceptance by the Corporation upto---------------------------I / we shall be bound by the communication of acceptance of this offer by the Corporation within the aforesaid time. As required by the terms and conditions of offer I / we send herewith the earnest money deposit of Rs.1,09,16,375/- (Rs.One Core Nine Lacks Sixteen Thousand Three Hundred Seventy Five only ) by receipt No.--------------------------of Book No.-----------------------dated---------------------------------of the Municipal Corporation Malegaon. In the event of my/our this offer being accepted the Corporation I / We agree to duly furnish the Security Deposit of Rs.10,91,63,750/- (Rs.Ten Crores Ninety One Lac Sixty Three Thousand Seven Hundred Fifty Only) in the form of Bank guarantees and execute the agreement in the prescribed form within the period prescribed therefore. In case Municipal Corporation so desires , I / we also agree to remit the said amount of security deposit by means of more than one bank guarantee each for small amount as may be specified by the Corporation. The names and address of the partners of our firms / directors of our company are as follows :-
A Copy of our current Deed of partnership duly attested by the S.E.M. Gazatted Officerof Central / State Govt. is enclosed Original Deed of partnership if needed will be presented any time the Corporation is desires. Our Company is a Private/ Public Limited Company registered under the Indian Companies Act 1956. The Companies Act 1956 or Trust or Society and its registered office is situated at------------------------------------------------------------------ A copy of the print of memorandum and Articles of Association of our Company duly attested is true as above is enclosed. I enclose a copy of the authorisation issued by the firm / company / trust to sign this and other documents relating to this offer of appointment as agent.