Empanelment of Buyers of Maize on NCDEX e Markets Platform

Transcription

1 Empanelment of Buyers of Maize on NCDEX e Markets Platform PROCEDURE FOR EMPANELMENT AND TERMS AND CONDITIONS OF SALE - MAIZE 1. Introduction In accordance with the initiative taken by Department of Agriculture Marketing, OSAM Board (Odisha State Agricultural Marketing Board) will be facilitating the Market Access for Maize growers in the Districts of Nawarangapur and Gajapathi. NCDEX E Markets Ltd (NeML), will be providing online e-market platform for this purpose. The Seller in this whole process will be the Farmer. The RMC will facilitate deposit of Maize from the farmers, stored at designated warehouses and also facilitate for selling through the E Tender Platform of NCDEX e Markets Ltd (NeML). The RMC will take the responsibility to ensure acceptance from the farmer for the sale and ensuring delivery post sale. The concerned regulated market committees (RMCs) from Nawarangpur and Gajapathi districts will be providing cleaning, storage and other associated facilities at respective locations/warehouses. 2. Documents to be furnished along with application for registration. 2.1 Self attested copy of Trader License issued by competent authority/rmc or certification of incorporation, if any 2.2 Certificate of registration under VAT, State / Central Sales Tax Act, Service Tax Act as applicable 2.3 An affidavit regarding Not having been prosecuted for violation rules / law under Essential Commodities Act or any such others law or orders there under in any court of law Not having been black listed by any organization or Government for non-performance of contractual obligation. 2.4 In case of partnership firm or Co-operative or Corporate the applicant should furnish a copy of the partnership deed or byelaw or memorandum as the case may be. In case of Cooperative / corporate body copy of the letter of authority duly authorizing the Chief Executive or the authorized person to register and participate in the e-tender process should be furnished. 2.5 The address proof of the authorized signatory viz Telephone bill/copy of pass port / electricity bill/ voter ID/Aadhar Card self-attested copy should be submitted along with the application. The address proof in respect of the

2 firm shall be either certificate of registration or certificate of incorporation issued by the competent authority. 2.6 Bank account details of firm/person, type of account held, account number, name of the bank, address and IFSC code shall be furnished. 2.7 Applicable set of documents to be enclosed to application for registration and enrolling as participant on NCDEX e Markets Ltd. The format of application is furnished vide Annexure-2.The applicant has to sign all the pages of tender document duly stamped and submit along with relevant documents and attach the same to duly filled applications. Applications without valid documents will be rejected and kept pending for registration. 2.8 A DD in favour NCDEX e Markets Ltd, payable at Mumbai for Rs.1000/- and Service Tax (14.5%) towards registration fee to enroll on NCDEX e Markets Ltd for participation in e-tender shall be enclosed along with the application separately. 2.9 The application for registration with relevant Annexures can be downloaded from the website Requests for forwarding applications through post / couriers will not be entertained The interested applicants may also visit website for any relevant information regarding enrolment as participant on NCDEX e Markets Ltd. Interested participants can also contact the Customer Service Group on phone numbers (022) / Those who have already registered as Commodity Participants/Members on NCDEX e Markets Ltd and who have renewed their membership for the current financial year need not separately register with NCDEX e Markets Ltd. However they shall submit duly signed tender document for having accepted the terms and conditions of the tender to participate in the proposed e-tender The applicants who fulfill the eligibility criteria will be enrolled as registered buyers of Maize and will be issued with registration number / user ID and password by NCDEX E Markets Ltd The address to which the completed application form, duly signed Terms and Conditions Document, enclosures along with DD in favour NCDEX e Markets Ltd or Fund transfer to designated accounts as mentioned in the annexure has to be sent to the below address. The applications will be received without any restrictions of last date for submission. The eligible applicants will be allowed to participate in the e-tender if they have received User ID and Password one day before the conduction of e-tender. The process of sale of Maize through e-tender will continue till the stocks last The procedure for enrolment and registration of buyers, terms and conditions of sale is detailed below. Some of the clauses to these terms &

3 conditions may be amended if necessary, prior to the conduct of e-tender. Details of such amendments will be uploaded in the website or for the information of participants. NCDEX E Markets Ltd, Akruti Corporate Park,1 Floor, Near GE Garden LBS Marg,Kanjumarg (West), Mumbai Quality of Maize deposited by Farmers offered for Sale The quality of Maize offered for sale is on as is where is basis. The interested buyers, if they desire, may visit the warehouses for inspection of Maize stocks with prior intimation to RMC Secretary Nawarangpur and Parlakhemundi locations before participating in e-tender. The details of contact persons are available in Annexure-3 for intimating regarding visit to warehouse for quality inspection of stock. The Buyer shall be solely responsible for inspecting the stocks at his sole discretion before participating in e-tender. 4. Process of Electronic Bidding on NeML platform a) The registered buyers need to deposit 5% (Five per cent) of the bid value of goods as interest free refundable EMD (margin money) with the NCDEX E Markets Ltd account to participate in the E Tender by way of RTGS or electronic fund transfer, well in advance i.e. at least one day before the scheduled date of e-tender which they propose to participate. b) The accounts details for deposit of registration fees and deposit of EMD and SD are mentioned in Annexure-1 c) The bidders shall be allowed by NCDEX E Markets Ltd. to bid only if the requisite EMD amount is available in the Common Exchange EMD Account of NCDEX E Markets Ltd. The amount deposited as EMD (Margin Money) would determine the bidding capacity of the bidder. d) Only the EMD (Margin Money) of the winning bidders, who get a partial or full allocation, would be blocked by NCDEX E Markets. EMD (Margin Money) of the unsuccessful Bidder(s), including those whose bid(s) are not accepted due to non-fulfillment/not meeting the conditions attached to the bid(s), shall be returned by NCDEX E Markets on the withdrawal request made by the bidder through CSTracker Module latest by one day from the day of close of E- Tender

4 e) The price quoted shall be per 100 Kgs (Quintal), Ex-warehouse on as is where is basis for each lot and are: (i) (ii) Inclusive of cost of Maize and Exclusive of any taxes including CST/VAT, cost of packing, storage charges as may be applicable, transportation charges, transaction charges as payable to NeML, market fee payable to RMC, transit insurance and loading charges, weighment charges payable to weighbridge and any other expenses incurred for taking delivery at respective warehouses. Such costs are to be borne by the successful bidder. f) It is the liability of the buyer to pay any taxes including CST/VAT if any payable. Buyer has to insure the goods at his own cost. The storage charges as informed by the RMC shall remitted to the Exchange account separately. Buyer shall pay cost of Gunny bag at the rate specified by OSAM Board, transaction charges payable to NeML, market fee payable to RMC, transportation charges, transit insurance and loading charges, weighment charges payable to weighbridge and any other incidental expenses incurred for taking delivery at respective warehouses. g) The cost of Gunny bag and other details relating to weighment while giving delivery will be uploaded in the website h) Any bid placed using the bidders username and the password shall be deemed to be an unconditional binding of the bidder to whom such username and the password has been allotted by NCDEX E Markets, interalia, for the purpose of the E-Tender and the bidder shall be solely and fully responsible for all the activities that occur under such username and password. The Bidder is therefore advised to check the username and the password before the E-Tender and is advised not to reveal it to anyone else so as to prevent misuse of the same. i) The Bid of the highest bidder of E-Tender session (online bidder) will be declared as the Successful bidder by OSAM BOARD, subject to acceptance by Farmer. The farmer has the right to accept or reject the price. It is the responsibility of RMC to get the written approval of the farmer and communicate the same to OSAM Board. OSAM BOARD will upload the Circular on the status of e-tender on its Official web site at appropriate time and no individual communication will be sent to Bidders regarding the results of e-tender. Bidders shall check the status of their bids by accessing the platform using their User ID and Password.

5 j) The Bidder whose bid has been accepted as per the Circular uploaded on the web site shall arrange to transfer an amount equivalent to 10 % (Ten per cent) of the value of the order as interest free refundable security deposit (SD), within two working days from the date of Circular on the status of e-tender, by way of electronic fund transfer to the NCDEX E Markets Account detailed in Annexure-1. Nonpayment of Security Deposit within the given time would amount to violation of terms and conditions of Tender. In such an event the EMD amount of successful Bidder will be forfeited. k) Failure to remit Security deposit (SD) within two working days of declaration of e-auction results will amount to forfeiture of EMD (margin money) deposited. l) The Bids of all Bidders who have participated in the E-Tender must remain valid for a maximum period of seven working days from the date of E tender. m) NCDEX E Markets Ltd shall not be responsible for any failure of power, Network, Server, Bandwidth problems, Hosting Server, Internet Connectivity, ISP or otherwise or the slowness to access NCDEX E markets / Exchange Platform In case of any technical problems at NCDEX E Markets Server and if E Tender are not conducted as scheduled, then such E Tender will be rescheduled accordingly. The details of rescheduled auctions will be uploaded on the web site of NCDEX E Markets and OSAM Board website n) In case of unsuccessful bid of the buyer the margin money i.e. EMD will be refunded the next working day by NCDEX E Markets. The unsuccessful Bidder would submit the request on CSTracker module for refund of EMD. If buyer wishes to retain the EMD as margin money the same would be allowed by the NCDEX E Markets Ltd., for participation in the subsequent e- tender. o) The successful bidders will be charged transaction charges of 0.5% (half per cent) of the traded value and applicable service tax (at the rate of 14.50% on transaction charges) by NCDEX E Markets Ltd. p) NCDEX e Markets Limited is acting only as a service provider for this e- Tender and shall not be a party to the contract between the Seller and the Buyer subsequent to this e-auctions. By bidding in this e-auction, a bidder acknowledges that NCDEX e Markets Limited shall not be held responsible for any loss that he/she/they may suffer as a consequence of this e-auction or non-adherence of these terms and conditions. q) NCDEX e Markets Ltd will be providing e-auction platform for the purpose of price discovery and shall not take any responsibility whatsoever in

6 connection with any disputes that may arise during the tenure of the tender/contract. Both seller and buyer shall completely absolve NCDEX e Markets Ltd from any consequences resulting out of this tender and further any disputes between buyer and seller shall have to be resolved by them as per Clause 6 below. r) The buyer will have to deposit the amount towards the cost of the commodity including market fee, transaction charges, applicable storage charges (if any) and the cost of gunny bag in the designated accounts of NeML as furnished in Annexure-1 by way of electronic fund transfer Within 4 days from date of Circular on the status of e-tender. Once the amount is deposited communication will be sent to respective RMC for facilitating delivery to the buyer. RMC will issue a delivery order to the buyers in their office or by way of which will enable the buyer to take the delivery of the commodities within the specified time period. 5. Delivery of Maize a) The Buyer has to take the delivery of the goods within 7 days from the date of intimation of Delivery Order from the designated warehouse. If the buyer fails to take the delivery within 7 days then he shall pay the storage charges for the entire period at the rate of Rs 5/quintal/month. Neither the RMC nor the Seller will be responsible for whatsoever damage, any loss including weight loss, deterioration in quality of the stock, which has not been lifted during the prescribed time limit of 7 days from the date of issue of delivery order. b) In the event the buyer fails to lift the stock within 15 days from the date of issue of delivery order by the RMC, then the RMC shall have exclusive right to sell the stock on as is where is basis through e-market platform. The proceeds of such default sale will be remitted to the buyers account subject to deduction of storage, fumigation, handling and other expenses as determined by the RMC including the penalty at the rate of 0.5% of the traded value. c) However the above clause 4(b) will not be applicable in case the buyer specifically and in writing requests Secretary-RMC to extend the storage period beyond 15 days, subject to availability of space, payment of storage charges and needful approval from Secretary-RMC for allowing storage beyond 15 days. d) The buyer, through his authorized representative, while taking delivery shall submit Delivery order issued by respective RMC (in whose custody the stocks are held) to the warehouse authorities duly furnishing photo identity of the representative. e) The warehouse authorities will arrange to deliver the quantities mentioned in the delivery order in front of authorized representatives of respective organisation and the Buyer. The tare weight of the empty vehicle will be

7 recorded on the electronic weigh bridge and after loading, the gross weight will be recorded on the same electronic weigh bridge and the net weight is recorded in the presence of authorized representatives of warehouse authorities, Warehouse Official of respective RMC and the Buyer. The buyer may note that the warehouse authorities would notify such weighbridges nearest to the warehouse for the purpose of weighing. Weighing in other weighbridges will not be allowed as per the choice of the buyer. If there are no electronic weighbridge near the vicinity of warehouse, in such an eventuality bags are weighed on weighing scale on random basis and delivered weight will be computed. f) It will be the responsibility of the buyer to obtain import/stock evacuation/export permits, interstate sale/movement permits etc. from the authorities concerned in case the stocks are to be moved to places outside the District/state/country. Such permits shall have to be produced or made available at the time of taking delivery from the depots. g) The EMD and SD will be refunded to buyer after completion of taking full delivery of stocks of Maize and confirmed by respective RMC officials. h) RMC will issue statement of transaction generated on the system on behalf of the farmer seller to the buyer and issue transport permit to facilitate the buyer to transport the stock. i) The calculation of moisture loss and the deduction thereof will be as per standard moisture adjusted weight followed in Futures delivery process of NCDEX. The same will be uploaded on the website of OSAM Board or from time to time. j) Once the delivery is completed RMC will update the delivery details namely quantity & weight, name of the buyer etc in COMLIVE. NCDEX E markets Ltd will transfer the amount towards the delivered cost of maize as per the recorded details in COMLIVE to the bank account of the farmer as per the details furnished and uploaded in COMLIVE by RMC official. k) NCDEX E markets Ltd will not be responsible for the authenticity of the bank account details of farmers provided by RMC. l) Violation of any of the Clause/Clauses of the terms and conditions of sale shall result in forfeiture of EMD and SD. 6. Resolution of disputes a) In case of any disputes relating to sale including the interpretation of any of the Clause/Clauses of the tender, the matter shall be referred to Director, Agricultural Marketing. In case if disputes are not resolved then matter may be referred to Secretary/Principal Secretary to Government, Department of Cooperation, Government of Odisha, as the case may be, who will be the

8 appellate authority. b) In case of any disputes still not resolved and which are relating to delivery of Maize including the interpretation of any of the Clause/Clauses of this Tender, the matter shall be referred to a sole arbitrator not less than the rank of Secretary to Government of Odisha, appointed by the Government. The remuneration for the arbitrator shall be fixed by the Government. The arbitration shall be held in Bhubaneswar and the decision of the arbitrator shall be final and binding on both parties to the arbitration. The arbitration will be conducted in accordance with arbitration and conciliation Act, c) Court situated in Bhubaneswar to the exclusion of all other courts in India, only shall have the jurisdiction in the matter. 7. Force Majeure Should any of the force majeure circumstances, namely act of God, natural calamity, fire, Government of India Policy or Odisha State Government s Policy, restrictions (excluding any stock limits), strikes or lock-outs by workmen, war, military operations of any nature and blockades preventing the Seller/Buyer from wholly or partially carrying out their contractual obligations, the period stipulated for the performance of the Contract shall be extended for as long as these circumstances prevail, provided that, in the event of these circumstances continuing for more than one month, either party shall have the right to refuse to fulfill its contractual obligations without title to indemnification of any losses it may thereby sustain. The party unable to carry out its contractual obligations shall immediately advise the other party of the commencement and the termination of the circumstances preventing the performance of the contract. A certificate issued by the respective Chamber of Commerce shall be sufficient proof of the existence and duration of such circumstances I/We have read the Terms and Conditions of e-tender for Maize and agree unconditionally to abide by terms & conditions stipulated for empanelment as Buyer of Maize. The duly signed terms and conditions of document is enclosed to this application along with relevant documents. Date: Place: Name & Signature of the Applicant Address & Seal

9 ANNEXURE -1 Please find below bank account details to deposit the membership fee: NCDEX e Markets Ltd Bank Account Details Bank Name Bank Account Name Exchange Dues Account IFSC Code Branch Name HDFC Bank NCDEX e Markets Ltd HDFC Fort Axis Bank NCDEX e Markets Ltd UTIB Fort State Bank of India NCDEX e Markets Ltd SBIN Fort NCDEX E Markets Ltd Bank Account Details for Settlement Bank Name Settlement Account IFSC Code Branch Name HDFC Bank HDFC Fort, Mumbai Axis Bank UTIB Fort, Mumbai Bank of India BKID Fort, Mumbai Punjab National Bank PUNB Bandra, Mumbai State Bank of India SBIN Fort, Mumbai Central Bank of India CBIN Kotak Mahindra Bank KKBK Capital Market Branch Nariman Point, Mumbai

10 ANNEXURE - 2 NCDEX e MARKETS REGISTRATION FORM FOR MAIZE E-TENDER PARTICIPATION 1. Name of Applicant: 2. Constitution: Individual Sole Partnership Proprietorship Firm Corporate Pvt. Ltd. Corporate - Public Ltd - Listed Corporate - Public Ltd - Unlisted Cooperative Society Others - Please Specify 3. Date of Birth / Incorporation / Registration / Proposed If Corporate/Partnership Yes No 4. PAN No. / TIN No. Yes No 5. Details of the Chief Executive / Managing Partner / Chairman/ Individual/ Proprietor/ Partner (As per Form CP-2) Name Address Signature and Seal of Applicant

11 City Pin Tel. No. Mob. No. Fax. No. ID Contact Person Name Designation 6. Name of Stock / Commodity exchange/s on which applicant is a Member. Exchange Name1 Exchange Name2 Exchange Name3 None (if none, please tick in checkbox) 7. Authorized Signatory/ies Details Name * Address * City Pin Tel. No. Signature and Seal of Applicant

12 Mob. No. Fax. No. ID Contact Person Name Designation 8. Address of Registered Office /Communication address Address City Pin Tel. No. Mob. No. Fax. No. ID Contact Person Name Contact Person No. & Mob Designation 9. Name & Address of the Bankers with facilities enjoyed if any A) Bank Name & Address B) Account No. C) Account Type NOTE: {Please provide a certificate from Bank mentioning that account/s is being operated satisfactory & Signature and Seal of Applicant

13 Authentication of signatures of all authorized persons operating account/s} 11. (A)Name & Address of APMC in which the member is registered: 12. (B) Registration No. & Date/ License No., Date & Type: Declaration: I/ we hereby declare that none of us has been adjudged or proved to be insolvent at any time/ have not compromised with creditors for less than full discharge of debts/ have not been subjected to any disciplinary action/ suspended/ expelled or declared a defaulter on any stock/ commodity exchange/ have never been debarred from trading in securities/ commodities by any Regulatory Authority like RBI, SEBI, FMC, Registrar of co-operative societies, statutory authorities, etc./ have never been denied/ rejected membership of any stock/ commodity exchange or commercial organization/ have never been convicted of any offence involving fraud or financial irregularities/ & never been involved in any litigations/ suits or proceedings or in any financial liability of contingent or uncertain namaizee. I/ we hereby state that the above mentioned particulars and annexure/ certificates given here to are true, correct and complete to the best of my/ our knowledge & information. I/ we also state that no relevant material fact has been misstated, misinterpreted or suppressed. Any mis- statement or misinterpretation or suppression of facts in connection with the application for registration of Maize e-auction or breach of any undertaking or condition of admission entails rejection of application or expulsion from membership of NCDEX e Markets Ltd.. Affix Passport size photograph of the Signatory Signature, Name and seal Signature, Name and seal Signature and Seal of Applicant.

14 Annexure-3 Details of Contact persons for stock inspection and delivery Sl No. Godown Location 01 Market Yard, Umerkote 02 Market Yard, Raighar 03 Market Yard, Jhorigam 04 Maize Market Yard, Luhagudi, Mohana, Parlakhemundi Name of the Employee with Designation 01 Sri Prasant Ray, Market Sircar 02 Sri Laxmi Chandra Naik, Market Guard 03 Sri Shyama Ghana Naik, Market Guard 04 Sri Madhu Sudan Naik, Watchman (D.W.E) 01 Sri Pesilala Halba, Market Guard 02 Sri Balsing Halba, Market Guard 03 Sri Murali Padhi, Market Guard 04 Sri Mahesh Ram Halba, Watchman 01 Sri Sanatan pattnaik, Market Guard 02 Sri Bhagirathi Gond, Market Guard 03 Sri DurjyadhanPanjia, Market Guard, (D.W.E) 04 Sri Hari Nayak, Watchman Work allot for Mandi Phone No. Godown Manager Farmers registration Assistant Farmers registration Assistant Assistant Godown Manager Farmers registration Assistant Farmers registration Assistant Assistant Godown Manager Farmers registration Assistant Farmers registration Assistant Assistant Sri Venkat Rao Secretary