16. General conditions to be read and explained.
Before the commencement of auction proceeding the general conditions of auction shall be read out and explained to all present, so that competitors may clearly understand the conditions on which they bid.
17. Acceptance of bid or tender.
- Subject to the provisions of clause 18 after receiving bids and opening the tenders the Auction Authority shall consider all the bids and tenders and take decision, as far as possible, on the same day, regarding the settlement of licences. The Auction Authority shall take decision which is best in the interest of State revenue and is not bound to accept the highest or any bid or tender. In case the highest bid or tender is not accepted and the Collector decides to consider the next higher bid or tender the same shall immediately be reported to the Commissioner, alongwith reasons for not accepting highest one. The Commissioner, may either accept one of the bids or tenders received at the auction or order re-auction:
Provided that, where the amount of the highest of the bid at any auction in respect of an individual shop or group of shops does not exceed the price expected by the Collector, the Collector shall not accept any bid, and shall proceed for re-auction as provided in sub-clause (5) of clause 4:
Provided further that, where two or more bidders who have made highest offers which consists of the same amount, the bidders, whose offer should be accepted shall be determined by the Auction Authority by drawing lots.
- Once a bid, as above referred has been finally accepted at an auction no subsequent offer or offers in respect of the same engagement shall be considered. Auction Authority shall not make any negotiations and auction once finalised can not be reopened by the Auction Authority.
18. Acceptance of bids at auctions.
- The offers made at an auction by the highest bidder may be accepted by the Auction Authority after considering the tenders as prescribed under clause 20.
- In case of shops which are grouped together for auction announced in the public notice under clause 4, the Auction Authority shall proceed as follows:
- The licence shall be auctioned by the Auction Authority separately in respect of each individual shop in the group, and ascertain the amount of the highest bid and the person making such bid;
- Thereafter, the Auction Authority shall put to auction the licences in respect of all the shops forming the group and shall ascertain the amount offered by the highest bidder for the whole group put to auction.
- If the amount of the highest bid for the group exceeds the aggregate amount of the highest bids for individual shops in that group then the Auction Authority may, accept the highest bid for the group. If the aggregate amount of the highest bids for individual shops in the group exceeds the amount of the highest bid for the group or if no bids are received for the group then the Auction Authority may, accept the highest bid for each individual shops.
19. Successful bidder not entitled to any compensation for his loss.
No compensation shall be payable for losses suffered by the successful bidder due to any cause whatsoever.