10. Declaration of partnership before bidding or acceptance of tender.
When two or more persons desire to hold a licence in partnership, they shall, before the bidding or acceptance of tender commences, declare their partnership to the Auction Authority. Only one person on behalf of the partnership shall be allowed to bid at the auction. Subject to the provisions of clause 18, if the auction or tender is accepted in their favour, they shall produce before the Auction Authority a Deed of Partnership, before the actual grant of licence.
11. Mode of submitting tender.
- A tender shall be submitted in a sealed cover addressed to the Auction Authority by the bidder himself or by any person holding a duly executed power of attorney from him not later than the last date and the time specified in the notice issued under clause 4 for the receipt of tenders before the commencement of the bidding for the shop or the group of shops, as the case may be.
- The cover containing the tender shall be superscribed with the words "TENDER FOR THE GRANT OF LICENCES FOR RETAIL SALE OF TODDY IN THE SHOP OR GROUP OF SHOPS LOCATED IN _____ TALUKA _____ DISTRICT for the period from _____ to _____"
Where more than one tender are submitted by any one person in respect of the same shop or group of shops, the tender containing the highest offer shall be considered and not the other tenders. The figures of the tenders shall be mentioned in words as well.
Every tender received shall be acknowleged by the Officer receiving it.
No tender shall be conditional. Every conditional tender shall be rejected.
Every tender shall be accompanied by an earnest money deposit of an amount not less than 1/10th amount of the tender. Such deposit shall be made either in cash or in the form of a demand draft on a Schedule Bank in favour of the Collector. Tenders not accompanied by such earnest money deposits shall be rejected. Earnest money deposited shall be returned to the unsuccessful tenderer. Such earnest money deposited by successful tenderer shall be adjusted towards one-fourth of the tender amount payable as provided in clause 20.
The tenderer shall also be eligible to participate in the bidding at an auction for the same shop or group of shops.
The tenderer shall be entitled to remain present at the place of auction and at the time of opening of the tender also, which shall be after the bidding is over, but his absence shall in no way affect the auction proceedings.
The Auction Authority shall announce at the commencement of the auction, the number of tenders received for a particular shop or group of shops.
The tenders shall be opened only when the Auction Authority is of the opinion that no further amount is likely to be offered than any bid offered for a shop or group of shops in an auction or in a postponed auction.
No tender received after the time fixed in the auction notice or after the commencement of auction of a shop or group of shops, shall be taken into consideration.
12. Withdrawal of tender.
A tender once submitted shall not be withdrawn till rejected.