Maharashtra Excise Manual
Page 189 of 1109

20. Auction Purchaser to pay whole or part of amount of bid and execute bond

20. Auction Purchaser to pay whole or part of amount of bid and execute bond

A person whose bid or tender is accepted shall, at once, or on the next working day, pay to the officer, duly authorised by the Collector in this behalf or into a Government Treasury or Sub-Treasury, one fourth of the amount of the bid or tender, unless he has paid on the spot the whole amount of his bid or tender in cash or has furnished security as prescribed by the Government or Commissioner from time to time and shall execute a bond in the form appended to this Order.

21. Deposit

Every auction purchaser shall pay to the Licencing Authority, a Security Deposit equal to the amount of one monthly installment in terms of clause 24, before the commencement of the year for which his bid has been accepted, for the due observance of the terms and conditions of the licence granted and the counterpart agreement to be executed by him as provided in the rules made in this behalf. Such amount shall be paid in cash into a Government Treasury or Sub-Treasury and unless it is forfeited for the breach of the terms and conditions of the licence or the counterpart agreement executed under clause 23, it shall be adjusted towards the payment of the last monthly installment payable as provided in clause 24.

22. Defaulting auction purchaser liable for any loss

If the auction purchaser fails to pay one-fourth of the amount as provided in clause 20 the collector shall cancel the acceptance of his bid and may accept the next higher bid or reauction the shop or groups of shops and in that event the earnest money deposited by the auction purchaser shall stand forfeited to the State Government and the defaulting auction purchaser shall be liable for any loss sustained by the State Government in accepting the next higher bid or bid money received in reauction. If the amount realised at subsequent auction is less than the first, or the differential amount if next higher bid amount is accepted in the first auction, the amount of such difference is not paid by the defaulter it shall be recovered from him as an arrears of land revenue.

23. Counterpart agreement

Every auction purchaser shall, on payment of the amount referred to in clause 21, execute before the Superintendent concerned, a counterpart agreement as prescribed in the Maharashtra Toddy Shops (Licensing) and Toddy Trees (Tapping) Rules, 1968 in this behalf within fifteen days of the date of the auction.

24. Manner of payment of balance of bid amount etc.

  1. Subject to the provisions of sub-clause (2), every auction purchaser shall, except as provided in clause 20, pay the balance of the bid amount in six equal monthly instalments into any Government Treasury or Sub-Treasury. The first monthly instalment shall be paid not later than the 5th of October of the year in which the bid or tender is accepted, and subsequent instalments not later than the 5th day of every following month. If any monthly instalment is not paid on the due date, there shall be charged, interest at the rate prescribed under section 114 of the Act on all outstanding instalments.
  2. If any instalment is not paid on or before the last day of the month in which it is payable, the Collector may auction the licence, or where a bid accepted is for a group of shops, the licences for such group of shops, at the cost of the defaulting bidder; and in that event, the licence or group of licences, if granted, shall stand cancelled in accordance with the provisions of the Act and the rules there under. Where any such licence is so re-auctioned or where the licence of the auction purchaser is cancelled under section 54 of the Act before the balance of the bid amount is paid by the bidder, the bid amount due from him shall be liable to be recovered from him as the arrears of land revenue.