Conditions of Auction sale
For the purpose of these rules, the Disposal
Committee constituted by the Punjab State Electricity Board, for disposal of
surplus, obsolete, unserviceable store/Tools and plant/Equipment etc. (hereinafter
referred to as ?Goods?), shall be called as the Committee. A person bidding
on behalf of another person /persons should produce a Power of Attorney from
such other person/persons in all matters concerning auction sale. In the
absence of such Power of Attorney the bid, if accepted shall be registered in
the name of actual bidder and he shall be responsible to the Punjab State Electricity
Board(hereinafter called the Board) for any loss etc., which might occur
to the Board as a result of his action without proper authority. In the event
of any dispute between bidders, the same shall be decided by the Disposal Committee
and goods in question, re-auctioned at its discretion. The Disposal Committee?s
decision as to such acceptance shall be final and binding on all the persons
offering bid at auction.
Registration of Bidders:
All the prospective bidders shall have to deposit, before
the auction, a sum of Rs.5,000/-( Rs. Five thousand only) per person as Registration
Fee, in the shape of cash or Bank Draft payable at Patiala in the name of AO/Disposal,
PSEB, Patiala which shall be returned after the completion of the auction,
unless the same is forfeited in favour of the Board as per clause-3.
3. Earnest Money Deposit:
10% of Bid value (rounded to the nearest hundred subject to minimum of Rs.5,000/-shall
be deposited in cash by the highest bidder as Earnest Money immediately on Fall
of Hammer. In case bidder fails to do so, the bid registration money shall be
forfeited, bid cancelled and goods reauctioned.
The Earnest Money shall be refunded after faithful execution of the sale confirmation
order and on production of a certificate from Sales Barrier (in case of Interstate
Sale) that the goods concerned have crossed the Punjab State Barrier.
In case of default or non-fulfillment of the terms of Sale Order, the Earnest
Money shall be forfeited.
4.Period for payment and lifting of goods:
(a) Cent percent value
of goods plus Sales Tax, surcharge and other taxes shall be paid by the successful
bidders in the specified office of the Board and Goods lifted within the periods
of 30 days and 45 days respectively from the date next to the date of issue
of sale order.
(b) Disposal Committee may allow
the purchaser in genuine cases to make part payment and take part delivery of
goods. In such cases Disposal Committee may direct the purchaser to pay extra
amount with each installment, which shall be specified in the Sale Order, and
this extra amount will be adjusted by short payment of last installment. In
such cases it must be ensured that the payments as well as the lifting of goods
for final installment are completed within the prescribed time schedule given
above. While allowing delivery the purchaser shall not be allowed to pick and
choose the material of the lot. He shall have to start lifting
from any one end and complete the lifting process stage by stage in
(c) If the last day specified
for making payment/lifting happens to be a holiday, the payment/lifting shall
be allowed on the next working day.
(d) In the event of failure
to complete the payment of Sale value of the goods, within the stipulated period
or the extended period where extension in time has been granted, the sale of
such lot shall be cancelled and Earnest Money already paid by the defaulting
bidder, shall stand forfeited for all intents and purposes. The goods shall
then be resold as and when the Board thinks best without any notice to the defaulting
person/party. Any gain/loss on resale shall belong to the Board.
(e) Prices offered at
the time of bid shall always be deemed to be ex-stores of the Board, exclusive
of Sales Tax, Education cess and any other taxes/statutory levies, that may
be levied by the Govt./Local Bodies.
(f) Sales Tax other
taxes, leviable on the sale of goods to the bidders shall always be payable
by the purchaser. In case of difference/disputes regarding
the rate, amount of Sales Tax due to a particular transaction, the decision
of the Taxation Authorities concerned shall be final and binding upon the purchase.
This shall be obtained by the purchaser. However, in case, the purchaser is
registered dealer for dealing in the goods under Sales Tax Act, he may submit
form ST-XXII in lieu of the Sales Tax wherever applicable. In case the firm
of the purchaser is located outside the Punjab State, he will have to pay full
CST at the time of making payment of the sales price of the goods. In case he
is a registered dealer under the CST Law and deals in the goods purchased by
him, he may give form?C? and pay CST at concessional rates as declared
by the Govt.
(g) Income-Tax is payable
by the purchaser as per Income-Tax law along with the payment of the material.
(h) Any octroi duty, which
becomes payable by the Board for the sale of goods shall be paid by the purchaser
in addition to the price, and the payment shall be made by him to the concerned
local authority on behalf of the seller. Any other taxes due in respect of sale,
under any law, for the time being in force, shall be payable by the purchaser
to the Board in addition to the price.
(i) All expenditure
towards transferring the ownership of the goods, e.g. vehicle etc. shall be
borne by the purchaser and he shall be required to initiate and take action
for transferring the ownership of the goods.
(j) For all
payment received by the Board, a stamped receipt shall be issued to the purchaser,
who shall in all cases, be bound to produce such a receipt when called for.
He shall also affix his signatures on the backside of the counterfoil of the
Penalties for delay
(a) Delayed payment of sale price:
Where the purchaser fails to
make the payment of Sale Price within the period stated in clause-4 (a) above
the Earnest Money deposited shall be forfeited and the purchaser shall have
no claim over the amounts so forfeited and the goods put up for sale. However,
the committee may allow extension in time limit very discreetly in genuine cases.
Where the committee finds
that there are no genuine reasons for grant of such extension the same may be
allowed by the Committee by imposing penalty upto the limits given below:-
(i) First four weeks: 1% of the unpaid
amount per week or part thereof.
(ii) Next four weeks: 2% of the unpaid
amount per weeks or part thereof.
(iii) No extension beyond 8 weeks shall be allowed
except where force-majeure conditions are established. This however does not
in any way prejudice the authority of the committee to give extension beyond
8 weeks under special circumstances.
(b) Delayed lifting
The goods paid for, must be completely removed by the purchaser, at his
own expense, within the period specified in clause-4 (a) above. In case the
goods are not removed within the specified time, storage space charges
Shall be levied at rates noted below:-
¼% per day of the value of the unlifted goods for the first 10 days.
½% per day of the value of unlifted goods for the next 10 days.
1% per day of the value of the unlifted goods beyond 20 days.
100% price of the sale order may have been paid within the prescribed period,
if the material is not lifted and the bill of storage space charges, according
to the tariffs stated above builds upto a value equal
to the amount of sale price of the material not lifted, which has already been
paid by the purchaser, all rights of the purchaser on the material shall be
forfeited and the material shall automatically become property of the Board
without any notice to the purchaser. The Earnest Money deposited by the purchaser
shall also be forfeited in favour of the Board. The price paid by the purchaser
shall be deemed as adjusted against the bill of storage space charges accrued
against the purchaser. As a consequence the Board shall retain full rights to
dispose off this material in the manner it may deem fit without any notice to
the defaulting purchaser.
Conditions of Goods:
(a) The goods shall be
sold on ?As-Is-Where-Is Basis.? The whole of the goods shall be removed by the
purchaser after fulfilling the conditions of auction sale, from the site of
accumulation, irrespective of all faults and errors in description or otherwise,
quantities sizes, measurements, number and weight etc. as compared description
in the advertisement, which description is only approximate and does not imply
any warranty or guarantee. The stores are sold on the presumption and assumption
that the bidder/bidders have inspected the goods and know that they are buying
irrespective of the fact whether they have actually been inspected by them or
not, prior to the auction and the principal of ?Caveat Emptor ?shall apply.
No complaint what-so-ever of any kind in connection with faults in the quality/quantity/ingredients
of the material or others on account of Road/Tax/Registration of vehicle etc.
shall be entertained after acceptance of the highest bid.
(b) In contrast to
what has been stated in para-6 (a) above, in case, where the committee proposes
to auction any particular item/items of store on the basis of weight or number
and not on lot basis, announcement to that effect will be made before the goods
are put to auction. The bids, in such cases, shall be for each number or unit
of weight. In such cases, therefore, the Board shall be responsible for delivering
the material to the purchaser by number or by units of weight as the case may
be. This method of precise delivery, is however not applicable to sale of goods
under Para-6 (a)
The highest bidder despite having made part
payment at the fall of hammer shall not be deemed to claim ownership of the
material, proposed to be sold to him till he makes full and final payment. After
making full payment, it is expected that the purchase shall lift the material
from Boards store without any loss of time. He is however, at liberty to lift
the material at his own convenience subject to the condition that total
lifting of material is completed within the stipulated period under these rules
and subject to a further liability that if, after making full payment but prior
to taking delivery of the material, any thing happens resulting into deterioration/damage
to the condition of the material under sale, due to the acts of nature, acts
of God or force majeure conditions beyond the risk of the purchase himself and
the Board shall entertain no claim for such damages, which have been caused
due to various force majeure condition.
Goods sold through Sale Order, issued by the Committee, Shall have to be removed
by the purchaser or his authorized representative, from the site of accumulation,
within the period prescribed in Clause-4(a) above. This period will commence
from the day following the date of issue of sale order, i.e. the date of issue
of sale order is not to be counted in the number of days, allowed for lifting
the material. The deliveries shall be made by the XEN/SDO incharge of the stores
only during working hours on working days, on presentation of sale/Release Order
with the copy of the same received by him direct, before permitting the removal
of the goods.
The purchaser or his representative who has signed the Bid Sheet will have to
visit the concerned store of Board to acknowledge the receipt of material sold.
In case he is not in a position to visit personally due to any reason, the material
will be delivered to his representative only on production of Power of Attorney
on a non-judicial stamp paper of requisite value duly attested by Ist class
Magistrate or the Notary Public in his favour. The Board shall not be responsible
for any delay which may occur on this account. However, if the total value of
sale order does not exceed Rs.5, 000/-(Rupees Five Thousand only), the goods
will be delivered to the representative of the purchaser on the basis of authority
letter on the letter pad of the firm duly attested by any officer of the Disposal
The XEN/SDO (stores) or the officers assigned with the duty of delivering the
goods purchased by the purchaser may, however at his own discretion decline
to accept any such authority and refuse to deliver the goods to
the representative of the purchaser. The XEN/SDO shall record his reasons for
such refusal to deliver the material to the representative having the proper
Power of Attorney and convey the same in writing to the purchaser or his representative
who presents himself for taking delivery of the material, under intimation to
SE Disposal/Controlling Officer. In such matters the discretion of the officer,
required to make delivery shall be final and binding on the purchaser.
In case the delivering officer does not recognize the purchaser at the
time when the purchaser or his representative comes to take delivery, the officer,
bound for making delivery has a right to ask for such introduction of the purchaser
or his representative as may satisfy him, if the purchaser or his representative
is unable to establish his identity beyond doubt and to the full satisfaction
of the officer, the delivery shall be refused till such time such satisfaction
is arranged by the purchaser.
8 Measurement / Weightment
When the material is to be sold on the basis of weight, the weighment
shall be done by the weighing machine available in the stores of the Board,
in case such a weighing machine/arrangement is available. In cases where proper
weighing machine facilities are not available in the Board?s stores, the material
will be weighed at the nearest weigh bridge of the Municipal Committee or Railways,
whichever is nearest to the Board?s store. The decision of the XEN/SDO incharge
of the stores in his matter, will be binding on the purchaser. Cost, if any,
involved in the process of weighing shall be borne by the Board. The purchaser
shall, however, make his own arrangement for loading, un-Loading and transport
of the material purchased by him and he shall not be entitled to any claim for
facilities or assistance for such transport/loading/un-loading.
It may, however, be clearly understood that the Disposal Committee reserves
the right of increasing/decreasing the quantities of any item advertised for
sale at its own discretion and without assigning any reasons. Moreover, quantities
mentioned in the advertisement or in sale order, are approximate and subject
to variation at the time of the delivery. In such cases, therefore, the rate
per unit of weight or rate per unit of quantity shall rule for the purpose of
price adjustment according to the actual quantity delivered. No compensation
shall however, become due to the tenderer because full quantity as mentioned
in the advertisement/sale order, could not be delivered.
9- For old and used Transformer/Lubricating
oil and Battery Scrap
Only such units which are actually users and are registered with the. M.O.E.F.
New Delhi shall be allowed to participate in the auction of old and used transformer
oil and lubricating oil/Battery scrap. The bidders shall have to produce the
original as well as one attested copy from Notary Public of the following:-
Certificate issued by M.O.E.F. New Delhi as Recycler/Reprocess of Hazardous
under Water and Air Acts and authorization under Hazardous Wastes (Management
and Handling) Rules-1989 and amendments thereof from the respective State Pollution
The bidders shall submit an authority letter
authorizing him to participate in the auction (with an attested photograph pasted
on it) from the Director of the firm in whose name the M.O.E.F. certificate
has been issued.
The original certificates of Registration shall be returned to the respective
bidders after verification.
The bidders shall produce the Log Book duly endorsed by the previous sellers
for the quantity of oil purchased till date.
Quantity of Recyclable waste shall not exceed the prescribed limit as per certificate
issued by the M.O.E.F. New Delhi.
Re-Sale within the premises of the Board shall not be recognised and the
sale/release order shall be issued by the Board only in the name of actual purchaser
whose highest bid during the auction was accepted.
11. The purchaser
shall be responsible for any damage that may be done to the premises or other
material etc. of the Board in taking delivery or removing the goods bought by
him. The Disposal Committee or its representative may at its or his option,
ask the purchaser to make good such damage and the purchaser shall have to pay
the same on demand..
In the event of the Disposal Committee being of the opinion that bidders are
forming a ring and fair prices are not being realized for stores offered in
auction, it reserves the right to stop the sale forthwith without assigning
The committee reserves the right of withdrawing from the sale of any goods advertised
in the auction notice, increase or decrease the quantity at the time of auction.
Should it be revealed at any stage that a purchaser of goods, in a specified
auction, is liable to pay certain damages or certain sum of money to the Board
either as a result of transaction undertaken in that specific auction/sale or
any other prior auction/sale or transaction conducted by the purchaser and the
Board, the Board shall without any prejudice to any other remedy available to
it be entitled to deduct sum of money/moneys from the proceeds or resale of
the goods or from any sum becoming due to such a purchaser thereafter, under
any other future contract/transaction between that purchaser and the Board.
If even this adjustment is not sufficient to cover the full amount recoverable
from such purchaser, then the purchaser shall pay to the Board on demand, the
balance becoming due from him.
Should there be any amount becoming due to be payable to the purchaser/bidder
(including Earnest Money) under this auction sale or any other account, such
amount may be appropriated/adjusted by the Board or any other person/persons
acting on behalf of the Board or otherwise adjusted against the claims of the
Board, against any purchaser/ individual, was adjusted with the claims of the
purchaser against the Board in any other transactions.
All correspondence regarding the auction and sale order shall invariably
be addressed to the Controller of Stores & Disposal,F-1, Shakti Vihar Complex,
All legal proceedings in connection with this auction sale order/contact
shall be subject to territorial jurisdiction of local Civil Court at Patiala