9911796707
TMI Blog1986 (3) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... otherwise agree, the goods and services required for the project shall be procured on the basis of international competition under procedures consistent with the guidelines for procurement under World Bank loans and IDA Credits published by the Bank in August 1969 and in accordance with, and subject to, the provisions set forth in Schedule 3 to that agreement. Schedule 3 of the said agreement provides the procedure for procurement with respect to any contract for machinery, equipment or materials estimated to cost the equivalent of $50,000 or more. The guidelines for procedure under World Bank loans and IDA Credits have been published and filed on the record as revised up to October, 1972. It lays down an elaborate procedure of the global tenders as to the advertisements and pre-qualifications and the bidding documents required. 3. The Haryana State Electricity Board (for short HSEB) was entrusted by the Government of India with certain projects financed by IDA as provided for in the said agreement floated a global tender for purchase ofACSR Panther Conductors. The contract was awarded with the approval of the competent authority to M/s Indian Aluminium Cables Ltd. based on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated to the petitioner by the Joint Chief Controller of Imports and Exports in the impugned orders dated March 13, 1979. The petitioner then filed an application for review against the rejection was considered by the Reviewing Authority but it was not found possible to accede to the petitioner s request for the following reasons :- (a) The contract was finalised on limited tender basis only and that too at the risk of the original contractor. The supplies under this contract, therefore, do not fulfil the criteria of deemed exports; (b) The delay in issue of certificate by the Haryana State Electricity Board cannot be regarded as a sufficient ground for condonation of delay for late submission of application as the application could have been submitted in time without the certificate and certificates could be submitted later on. 6. The petitioner then filed a representation to the Central Government addressed to the Chairman, Appellate Committee, Ministry of Commerce, New Delhi. The case was considered and it was found that it was not possible to change the decision taken by Chief Controller of Imports and Exports. The decision was communicated in the fourth impugned order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of international competitive bidding and the supplies were made accordingly. We are unable to accept this contention. 9. The import policy for registered exporters has been announced by the Central Government in exercise of the powers conferred by Section 8 of the Imports and Exports (Control) Act, 1947 and the Rules framed thereunder. The types of exports which would qualify for the grant of replenishment licence/cash assistance have been particularised by the use of the word following . The petitioner could get the cash assistance only if supplies were made by him against IBRD/IDA aided projects in India when such supplies are made under the procedure of international competitive bidding. The procedure of international competitive bidding is very elaborate. Para 2.1 provides for advertising. On all contracts subject to international competitive bidding invitations to bid should be advertised in at least one newspaper of general circulation in the borrower s country and for large and important contracts invitations to bid has to be advertised in well known technical magazines, newspapers and trade publications of wide international circulation in sufficient time before bids ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a public sector undertaking or a Government department, the application should be supported by a certificate of the project authority as in Appendix I as well as a bank certificate in Appendix II. The certificate which the supplier has to produce regarding receipt of full payment is given in Appendix II to the said annexure which should be submitted along with the final claim. The certificate that is required, inter alia, is that the supplies have been made in terms of contract secured against global tenders (emphasis supplied). Admittedly, in the case of the petitioner, the risk purchase was not in pursuance of any global tender. In the counter-affidavit, the averment was made by the respondents that limited tender was floated again and on the basis of the offer of the petitioner, the contract was awarded to it. In the rejoinder, it is stated that as many as 20 suppliers participated in this limited tender and the price quoted by the petitioners being the lowest was accepted and the contract was duly awarded to the petitioner. A copy of the comparative statement of prices quoted by various suppliers in respect of tender enquiry of HSEB is enclosed with the rejoinder-affidavit. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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