WBFDCL
WBFDCL
WBFDCL
West Bengal Forest Development Corporation will conduct e-auctions of Forest Produce
on www.wbfpms.com (e-auction system) through its Divisions.
All intending purchasers must register themselves on-line with WBFDC Ltd. for
participation in the e-auction. The intending purchasers must accept, on-line, the
following terms and conditions, at the time of registration.
3. Under no circumstances the EMD will be adjusted towards the sale value of
any purchased lot or lots.
4. An intending purchaser, desirous to get registered with the WBFDC Ltd. for
participation in e-auction of Forest Produce, must have a valid PAN. In
addition, the intending purchasers must provide VAT/CST registration number
wherever applicable.
5. The intending purchaser must also provide his mobile number and valid e-mail
id at the time of registration.
6. The registration may be done by visiting the web site www.wbfpms.com and
following the online instructions. However, such registration must be done at least
5 (five) working days in advance before the commencement of a particular e-
auction to become eligible to participate in that particular e-auction and all
subsequent e-auctions, subject to the approval for registration by the competent
authority.
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7. Any association intending to participate in the auction shall have to be constituted
as such under the law and registered under the relevant act applicable to it. The
valid certificate of registration shall have to be uploaded at least 5 (five) working
days before the date of e-auction.
8. Up to 10% of total timber lots put up for sale in the e-auction may be reserved
for different Co-operative Societies. All the Co-operative Societies, having
headquarter in the territorial jurisdiction of the forest divisions, which holds the e-
auction, shall be eligible. Such Co-operatives may be given opportunity of
purchasing timber at average auction price of the same quality of timber in the
division. Only the Co-operative Societies having valid registration and valid
mandate for dealing in timber trade and having submitted their up-to-date audited
accounts to the auction authority and also having compliance of all other
provision of Co-operative Societies Act, shall be eligible to get such allotment of
lots.
9. Intending purchasers, against whom any amount is due and outstanding, in respect
of any Forest Division of Directorate of Forests or WBFDC Ltd., may be denied
registration. Such purchasers may, however, represent to the General Manager,
Head Quarters, WBFDC Ltd., who shall dispose of such cases, after giving an
applicant notice of a fortnight to appear for personal hearing.
10. If the documents furnished, as mentioned under clause no 4 and 7 above, are
proved to be materially false, the registration shall be denied to the intending
purchaser and he may also be liable to be debarred from participation in any
future e-auctions to be conducted by WBFDC Ltd. Apart from the above actions,
the registration fees i.e. Rs. 20,000.00 (Rs. Twenty thousand) only, deposited by
the registered purchaser, shall be forfeited to the WBFDC Ltd. and appropriate
legal action may be initiated against the said purchaser.
11. The Division holding the e-auction reserves the right of withdrawing from e-
auction any lot or lots mentioned in the schedule or any part thereof or amending
the details of lots or adding further lots in the e-auction.
12. All bids are exclusive of VAT/CST/Income Tax and Surcharges and other levies
as may be applicable under the law. No amount will be accepted unless full VAT,
CST, Income Tax, Surcharges and other levies, as chargeable, are paid along with
the sale value.
13. Lot/Lots shall be sold on “As is Where is” basis. The condition and quality of the
forest produce in depots are not guaranteed. The Divisional Manager will not
accept any liability for the defect or for the deficiencies of any such forest
produce offered for sale. The intending purchasers are requested to inspect the
forest produce in the depot before bidding in the e-auction to make sure about the
quality and kind of forest produce they are bidding for.
16. After closure of e-auction, list of highest bidder along with highest bid value will
be displayed in website.
18. The bidder of the highest bid, displayed at the web site on closure of the e-
auction at the scheduled date and time, will get a confirmation of acceptance of
his bid, through e-mail and SMS on his registered e-mail id and mobile number
respectively, within 24 hours of the closure of the e-auction. Such confirmation
is, however, subject to his bid being above the Reserve Price of the lot. The
Reserve Price of each lot shall be fixed by a committee and the same shall be
stored in the system. The Reserve Price of a lot shall, however, not be displayed.
The intending purchasers are advised to inspect and evaluate the depot lots before
the e-auction.
19. In case of no communication for acceptance of a highest bid, the bid should
be treated as rejected.
20. The date of confirmation/acceptance of sale shall be reckoned as date of sale for
all purposes.
21. The successful bidder, whose highest bid has been accepted, must deposit 25% of
sale value of the depot lot/lots, calculated to the nearest rupee. Such deposit may
be made through only Bank Draft/Cash in favour of the WBFDC Ltd. on
Challans generated by e-auction system with the assigned Range Manager, as
detail in Annexure-A to the sale notice. Such amount can also be deposited
through NEFT/RTGS or in cash deposited directly in the designated Bank.
For the purpose of NEFT/RTGS/Cash Deposit, the details of designated Bank,
Bank Account Number and IFSC of the Division conducting e-auction are
available on respective page for “Payment Deposit” of the website-
www.wbfpms.com. The 25% of sale value of the depot lot/lots must be deposited
within 10 (Ten) working days from the date of sale. If the amount is deposited
through NEFT/RTGS or in Cash (on Challans generated by e-auction system
only) to the designated Bank, the Money Receipt will be generated by the
System on providing transaction id by the purchaser. In case the amount is
deposited with Range Manager (on Challans generated by e-auction system
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only), the Money Receipt shall be generated by the concerned Range Manger
through the System. This amount (deposit of 25% of sale value) will be treated as
Security Deposit (SD) for the purpose of sale of the depot lot/lots.
22. One-time Extension for 7 (Seven) working days for payment of 25% of sale
value of the lot is permitted on payment of surcharge @ 2% of 25% of sale
value.
23. The sale of lot/ lots to the purchaser shall get cancelled in the event of the
purchaser failing to deposit 25% of sale value of such lot/lots within the period as
specified under clause 21 & 22.
24. Beside this, in case of such failure, acceptance of any other lot/lots sold to the
purchaser in the e-auction shall also be liable to cancellation at the discretion of
the officer conducting the e-auction including forfeiture of EMD. Officer
conducting the e-auction shall have full power to resell such lot/lots at his
discretion.
25. In case the last date for payment of 25% of sale value coincides with the last
working day of a month or falls on a holiday, the 25% of sale value may be
deposited on the next working day without payment of surcharge.
26. The purchaser whose highest bid has been accepted, shall be deemed to have
entered into an agreement, for each lot purchased by him through e-auction.
The copy of this agreement can be downloaded by log-in into “Agreement”
page of the website before deposit of 25% of Sale Value of the lot.
27. Balance 75% of the sale value of depot lot/ lots will have to be paid by the
purchaser in one installment only within 75 (Seventy-five) days from the date of
sale.
28. In the event of failure of the purchaser to pay balance 75% of the sale value of
depot lot/ lots in full within the stipulated period of 75 (Seventy-five) days from
the date of sale, the defaulted amount would be accepted, within 120 (One
hundred twenty) days counted from the date of sale, provided the purchaser
pays a surcharge at the following rates-
(i) For lots of timber (round and sawn) - @ 0.20% per day calculated on
the amount due, for the period from 76 to 120 days.
(ii) For all other forest produce including small timber - @ 0.75% per
month calculated on the amount due. For the calculation of this
surcharge, the period from 76 to 90 days shall be counted as 1 (One)
month and the period from 91 to 120 days shall be counted as 2 (Two)
months.
29. No extension of time for depositing the balance 75% of the sale value of depot
lot/ lots beyond the above mentioned 120 (One hundred twenty) days limit
shall be allowed.
30. The balance 75% of the sale value of depot lot/ lots along with surcharge, if
applicable, shall be deposited in the manner as described in clause 21 above.
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31. If the 75thday or 90th day or 120th day (for depositing balance 75% of sale value
along-with the surcharge) falls on any Government holiday, the amount may be
deposited on the next working day without any further charges. The purchaser
will be issued a receipt for the deposit as specified in clause 21 above.
32. In the event of failure to pay the 75% sale value within the stipulated date,
EMD and SD of the purchaser shall be forfeited to the WBFDC Ltd. and the
purchaser shall not have any claim to the purchased lot/lots. Such lot(s) may be
disposed of in the manner as deemed fit by WBFDCLtd.
33. The sold forest produce from the depot shall have to be extracted by the
purchaser within 120 (One hundred twenty) days from the date of sale. For
extraction of produce beyond the 120th day counted from the date of sale, the
purchaser shall have to pay depot rent at the following rates –
(i) For lots of timber (round and sawn) - @ Rs. 50.00 (Fifty) per m3 per
day up to 150 days from the date of sale.
(ii) For all other forest produce including small timber but excluding
firewood - @ 0.20% per day of the Sale Value up to 150 days from the
date of sale.
(iii) For firewood - @ 0.20% per day of the Sale Value up to 180 days
from the date of sale.
34. The extraction of produce will not be allowed beyond 150 days in case of
produce other than firewood and 180 days in case of firewood from the date
of sale. However, in cases where the purchaser has paid the full revenue within
the stipulated time and has not been able to extract the produce within the
stipulated time, the Committee, to be constituted by the Principal Chief
Conservator of Forests, Head of Forest Force, W.B for the purpose, may
allow the extraction of produce, other than firewood, beyond 150 (One hundred
fifty) days and firewood beyond 180 (one hundred eighty) days from depots by
realizing the Depot Rent at the rate of three times the depot rent which is
applicable between 120 (One hundred twenty) days and 150 (One hundred fifty)
days for extraction of produce, other than firewood, and 180 (one hundred eighty)
days for firewood. For such extension, the purchaser will give in writing his/her
request to the respective Divisional Manager, holding e-auction with verifiable
and justifiable reasons for seeking the extension of time. The respective
Divisional Manager will either reject or accept the request on its merit. If
accepted, the respective Divisional Manager will send the request with his/her
recommendation stating the facts and reasons to the GM, HQ, WBFDC Ltd., for
forwarding the same to the General Manager, Head Quarters, WBFDC Ltd.
For extension beyond 150 days for produce, other than firewood and 180 days for
firewood, the depot rent should be deposited in advance. After the stipulated time
including time for extension expires, the forest produce may be disposed of in the
manner as deemed fit by WBFDC Ltd. and the purchaser shall have no claim to
any refund to the sale value of the same or in any part, thereof as may have been
paid by the purchaser under such circumstances. The Committee, shall however,
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reserve the right to dispose or not to dispose the produce or allow additional time
for extension to extract the produce on the prescribed conditions.
35. In the event of default in payment of sale value within the stipulated period and
WBFDC Ltd. incurring loss due to such default, the purchaser shall be liable to
compensate the loss including interest @ 18% per annum on it. In the event of
the purchaser not agreeing to pay such loss, WBFDC Ltd. shall have the right to
file suit for damages for recovering the value, including accrued interest thereon
and other damages, if any, under Civil Law without serving any further notice for
the same. The WBFDC Ltd. reserves the right to suspend any such defaulter
purchaser from participating in ensuing auctions/e-auctions thereafter till disposal
of the pending suit/suits.
36. No purchaser shall remove any timber before payment of full revenue in respect
of lot/lots purchased by him and the timber is sale-marked.
37. During the period of extraction of the produce, sold in the auction, the purchaser
shall have to abide by the provisions of the India Forest Act 1927 and the West
Bengal Forest Produce Transit Rules, 1959 and amendments there-under. Failure
to comply with the provisions of the said Act and the Rules shall make the
purchaser liable to penal action as provided therein.
38. All operations related with the sold lot/lots must be done either by the lot
purchaser himself/herself or by a formally authorized agent to act on behalf of the
purchaser in respect of the lot/lots purchased. The purchaser must issue a letter of
authority, and submit it to the concerned Divisional Manager for approval. Such
letter of authority must declare that the purchaser shall be held responsible for any
irregularities committed by his authorised agent and that the authorized agent has
not been involved in any criminal offence previously. The Divisional Manager,
however, reserves the right to allow or not to allow any of the agent/agents that
the purchaser employs to act on behalf of the purchaser.
39. Purchaser of lot(s) will not be allowed to convert the produce purchased or to re-
sell the lots to other purchaser within the WBFDC Ltd. depots.
40. In the event of any damage done to the Roads, Telephone lines, Electrical lines or
any other installation or property either belonging to the Govt. or to a private
party in course of extraction of the lot(s), the lot purchaser concerned shall solely
be liable to compensate for the losses.
41. All timber removed from depot must contain the valid hammer mark of the Sale
Marking Officer.
42. If the purchaser fails to observe any of the condition contained herein and /or in
the agreement, the agreement shall be deemed to have been terminated, unless the
agreement is terminated by effluxion of time, and the SD of the lot/lots shall be
forfeited and recovery from the purchaser for such loss as may have accrued to
WBFDC Ltd. for such termination of the agreement shall be made. In addition to
forfeiture of the SD, the purchaser shall be liable to be declared as a defaulter and
in case of resale of the lot/lots in respect of which the purchaser has not paid full
revenue, the purchaser shall be liable to compensate for the loss, if any, under the
law.
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43. Any sum that may become due and payable to the purchaser and the amount
deposited as SD or any part thereof may be appropriated by the WBFDC Ltd. or
by the officer acting on its behalf, against any amount that may become payable
by the purchaser to WBFDC Ltd. under the provision of any other contract
entered into by the purchaser with the WBFDC Ltd.
44. The terms and condition of the sale mentioned herein above shall be deemed to be
a part of the Agreement itself which shall have to be agreed by the purchaser after
confirmation of sale of lot/lots and shall be binding on the parties.
45. In case of any dispute on the decision of the Managing Director, WBFDC Ltd.
shall be final and binding upon the purchaser.
46. This agreement shall be governed and construed in accordance with the laws of
India and Courts of Kolkata shall have exclusive jurisdiction to decide any dispute
arising between the parties in respect thereof, and no other Court, Tribunal or
Authority shall have any jurisdiction over the subject matter of this Agreement.