1608293073corrigendum Nit

Balmer Lawrie & Co.
Ltd
SBU :Greases & Lubricant
Location Silvassa
Subject Tender :-Interior Painting Civil Repair and Maintenance and Grill Works at Saket Complex Silvassa at
Company Accommodation
Tender No. GLS/TE20/044
National Security Clause:- This clause would be followed as per details given below.
Restriction under Rule 144 (xi) of the General Financial Rules (GFRs), 2017
I. Any bidder from a country which shares a land border with India will be eligible to bid
in this tender only if the bidder is registered with the Competent Authority.
II. ''Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, including any member of a consortium
or joint venture (that is an association of several persons, or firms or companies), every
artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency branch or office controlled by such person,
participating in a procurement process.
Ill. "Bidder from a country which shares a land border with India" for the purpose of this
Order means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country;
or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
I . d An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the

natural person(s). who. Whether acting alone or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control
through other means.
Explanation-
a. "Controlling ownership interest" means ownership of or entitlement to more

than twenty-five per cent. of shares or capital or profits of the company,
b. "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;
2. In case of a partnership firm. the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of
the partnership;
3. In case of an unincorporated association or body of individuals, the

beneficial owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of
Senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification

of the author of the trust, the trustee, the beneficiaries with fifteen percent or
more interest in the trust and any other natural person exercising ultimate
effective control over the trust through a chain of
Control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another

in dealings with third person.
VI. The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority.
A Certificate regarding the compliance of the above in the letter head of the bidder duly signed
and stamped by the authorized representative of the bidder to be submitted along with the
tender. If the certificate submitted by the bidder whose bid is accepted is found to be false,
this would be a ground for immediate termination and further legal action in accordance with
law.
'' We have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; we certify that ……………… (Name of firm/bidder)
is not from such a country or, if from such a country, has been registered with the Competent
Authority. We hereby certify that ……….. (Name of Firm/Bidder) fulfills all requirements
in this regard and is eligible to be considered.”
Where applicable, evidence of valid registration by the Competent Authority shall be

attached.

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Balmer Lawrie & Co.

1. In case of a company or Limited Liability Partnership, the beneficial owner is the

a. "Controlling ownership interest" means ownership of or entitlement to more

3. In case of an unincorporated association or body of individuals, the

5. In case of a trust, the identification of beneficial owner(s) shall include identification

V. An Agent is a person employed to do any act for another, or to represent another

Where applicable, evidence of valid registration by the Competent Authority shall be

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