1. Manganese Ore (India) Ltd. who are owner/seller of Manganese Ore/Ferromanganese/Slag etc., is hereinafter referred to as Seller or Principal or MOIL and MSTC Ltd, the service provider to conduct e auction as, MSTC.

2. Manganese Ore/Ferromanganese/Slag etc offered for sale through e-Auction is open to all, consumers and non-consumers alike and whether they have linkage or not. Bidders can also bid for exporting the item (except Manganese Ore lot no. .  3,4,5,6 & 7  which are not meant for Export )in which case they will be required to comply with the conditions for exports as provided in this catalogue including compliance with all statutory formalities on their part; facilitating removal of goods from MOIL site without payment of Excise duties and Sales tax.

3. Only those buyers who shall register themselves with MSTC as per specified guidelines for registration, displayed on MSTC website www.mstcauction.com and have deposited EMD as per terms given herein below, shall be eligible to participate.

4. Quantity, grade/size and sources from where items are to be sold through e-auction, will be notified on websites www.moil.nic.in and www.mstcauction.com at least 7 days in advance from the date of auction. Any Registered Customer after submission of EMD can bid for the quantity equivalent to the EMD submitted by them. Customers who require the quantity for export also can bid. As such both domestic customers and exporters can bid for the lots mentioning the quantity (subject to maximum quantity equivalent to EMD submitted by them). Quantity will be allocated as per the clause No.11 (methodology for allocation of quantity) herein below.

5. EMD (Earnest Money Deposit): (i) Prospective bidder/buyer will have to deposit non- interest bearing EMD for lot no.1  for the quantity that the bidder desires to bid/purchase, the required EMD is at the rate of Rs. 2000/- per Metric tonne (MT). For lot No: 2 the required EMD is at the rate of Rs. 300/- per Metric tonne (MT). For lot No: . 3,4,5,6 & 7  the required EMD is at the rate of Rs. 600/- per Metric tonne (MT). (ii) Earnest money has to be deposited by way of Demand Draft in favour of Manganese Ore (India) Ltd. payable at Nagpur drawn on any scheduled bank (iii) Bidders can bid up to the maximum quantity for which they have deposited EMD. (iv) Earnest money has to be deposited at MSTCs KOLKATA office at 225-F, 2nd FLOOR, A J C BOSE ROAD, KOLKATA 700020. Or at the office of DIRECTOR(COMMERCIAL) MOIL Nagpur at the following address. DIRECTOR(COMMERCIAL), Manganese Ore (India) Ltd. , MOIL BHAVAN ; 1A KATOL ROAD ; MOIL CHOWK, Nagpur  440 013.

6. EMD will be accepted till 12 NOON as per the last date of submission of EMD as indicated above. Bidders sending EMD by post/courier, may do so at their own risk. MSTC/MOIL will not be responsible for any postal delay or loss and will not accept any claim on that account. **

7. Forfeiture of EMD: The EMD submitted by the successful bidder will be liable for forfeiture in following cases: (i) If after the auction, successful bidder fails to make full financial arrangement for material value and other charges within the stipulated time, (ii) If after making necessary payment/opening irrevocable letter of credit for material value and other charges, bidder fails to lift material or take delivery within stipulated period or requests for cancellation of order. (iii) If any of the documents submitted by him e.g. CST form, sales tax registration certificate, export documents (for EXPORTER ) etc. are not found in order.

8. Adjustment/Refund of EMD: (i) The EMD of the unsuccessful bidders will be refunded by MSTC directly. No interest shall be payable on EMD. (ii) The EMD of the successful bidders received by MSTC/MOIL will be adjusted with the material sale value. i.e. the successful bidders will deposit the balance sale value. So, there will be no refund by MOIL after completion of delivery .However, for the quantity bidded for export, the successful bidder is to furnish irrevocable Bank guarantee (Proforma for Bank guarantee in respect of exports may be obtained from MOIL) valid for at least 6 months from the date of Bank guarantee of any nationalized bank covering the total value of Excise duty, educational cess, sales tax/VAT and any other duties, taxes, levies etc.through a local bank at Nagpur along with the balance material sale value or opening of irrevocable letter of credit as per Clause no.13. EMD of successful bidder will be adjusted with sale value and on receipt of full sale value release order will be issued by MOIL. iv)In respect of successful bidders availing option of payment through Irrevocable Letter of Credit their EMD will not be adjusted with the material value but on completion of the transaction, if due for release ,shall be refunded by MSTC/MOIL within a period of 10 (ten) days of completion of transaction. No interest shall be payable by MSTC/MOIL on the EMD.

9. FLOOR PRICE: MOIL will fix floor price for material of each lot being offered under auction. The floor price will be in terms of Rupees per MT for base price only. Other charges/statutory levies, taxes etc. will be chargeable extra on actual basis and will not be part of either floor price or bid price.

10. BIDDING PROCESS:
(i) Bidders have to bid separately for each item source/size/gradewise for road mode for base price only.
(ii)For all the lots Bidders have to bid minimum 50 MTs and thereafter in multiples of 50 MT . (iii) Auction period will normally be 1.00 PM to 03.00 PM (flexible) subject to automatic extension. If any valid bid is received less than 05 minutes before closing time, closing time will automatically extend up to last bid time plus 05 minutes, thus giving enough opportunity to others to revise their bids on that item. While during normal auction hours, bidders can increase bid minimum by Rs.100/- (one hundred)/MT but during extension time of auction bid has to be increased by minimum Rs. 200/- (two hundred)/MT. (iv) MOIL reserve the right to accept or reject any bid without assigning any reason and no claim/dispute whatsoever shall be admissible. (v) Bidders will have to indicate destination for road mode , at the time of depositing full value.

11. METHODOLOGY FOR ALLOCATION OF QUANTITY: Allocation of quantity will be carried out by the e-auction software on descending order of bid price on following basis: a) First preference is given to highest bid price.

b) If two or more parties bid for the same price then preference for allocation is given to party for a higher bid quantity.
c) In case two or more parties bid for same price and quantity then preference is given to the party that place the bid earlier.
d) Bidders may be allotted less quantity depending on allocation by system. For removal of doubts, it is clarified that a bidder may be allocated any quantity less than his bid quantity depending upon the allocation methodology of the system and such allocated quantity will be binding on the bidder.

12. INTIMATON OF AUCTION RESULTS: After the close of the bidding, each successful bidder will be intimated through e-mail by MSTC. However, it will be the responsibility of bidder to personally see and download the result displayed on website immediately after close of e-auction.

13. PAYMENT SCHEDULE:
(i) After closure of the auction, successful bidders will have to deposit sale value and all other charges in advance by way of demand draft in favour of MANGANESE ORE (INDIA) LTD. drawn on any scheduled bank, Payable at Nagpur along with debit advice from issuing bank, within 8 days, excluding the day of auction, at MOIL Nagpur.
(ii) Alternatively, Open an irrevocable Letter of Credit favoring MANGANESE ORE (INDIA) LTD. within 8 days, excluding the day of auction.
Successful Customers may also make payment through irrevocable Letter of Credit payable at sight of any nationalised bank or any bank acceptable by MOIL having paying branch at Nagpur. L/C should have validity of at least 60 days from the date of closure of the auction. L/C proforma is to be obtained from MOIL. All bank charges and delayed payment interest @15% per annum shall be to openers account.
(iii) Alternatively, Successful Bidder may also deposit over R.T.G.S. as per details.
RTGS Code No. : IBKL0000041
Bankers Name : IDBI Bank Ltd.
MOIL Bank A / c No. : 041102000018027
Beneficiary : Manganese Ore India Ltd.
Bank Address : Gupta House, Civil Line, Nagpur

(iv) For Exports only : Successful Customers may also make payment through irrevocable Letter of Credit payable at 45 days from the date of Invoice of any nationalised bank or any bank acceptable by MOIL having paying branch at Nagpur. L/C should have validity of at least 90 days from the date of closure of the auction. L/C proforma is to be obtained from MOIL. All bank charges and delayed payment interest @15% per annum shall be to openers account.

(v) In case of default in payment, or non opening of an irrevocable Letter of Credit, apart from forfeiture of EMD, MOIL also reserves the right to debar the defaulter from participating in forthcoming e-Auctions for such period as decided by MOIL management.
(vi) Apart from bid price, successful bidder will also have to make full payment of other statutory charges, taxes, ED levies like royalty, SED, sales tax and surface transportation charges, entry tax, transit fee etc. wherever applicable, at the prevailing rates. In case there is any change in these charges after the closure of auction but before completion of lifting, changed rates will be payable for the quantity balance on the date such change in rates is made effective.
( vii ) Rates of other charges as on date are: Excise duty: Ferro Manganese/Slag, applicable Excise Duty is 8% plus 2% education cess,1% Secondary and Higher Secondary education cess. Sales Tax: Ferro Manganese/Slag 5% will be charged for the Buyers from Madhya Pradesh as VAT and 2% CST will be charged for the Buyers from other states. Manganese Ore:Royalty-4.2%; Excise duty-Presently not applicable, however if applicable at a later date the same shall be extra as applicable.; 4% will be charged for the Buyers from Maharashta State as VAT and 2% CST will be charged for the Buyers from other states.

14. DELIVERY OF FERRO MANGANESE/SLAG /MANGANESE ORE (i) The auction of FERRO MANGANESE/SLAG/MANGANESE ORE is being done for specific grade and size. No refusal, after acceptance of bid, will be entertained for bided FERRO MANGANESE/SLAG/MANGANESE ORE . (ii)After closure of e-Auction, a system generated automatic sale intimation letter will be issued through e-mail to the successful bidders by MSTC, advising them to deposit full value along with other charges within stipulated time. It must be clearly understood that value will have to be deposited within stipulated time counted from the date of closing and not from the date of intimation letter. Buyers must check the result / status of their bid from MSTC website. Non receipt or delay in receipt of sale intimation letter by e-mail for any reason whatsoever will not confer upon buyer any right to retract his bid and EMD shall be forfeited in such a case. (iii)Successful bidder would approach MOIL HQ with Photo ID issued by MSTC along with payment. Copy of Income tax PAN Card will also be considered as an Identity. MOIL will issue him Release order/Rail consent. Release order / Rail consent will be issued next day of submitting value i.e. after Demand draft is credited in MOILs account. In case, instead of buyer himself, he sends his representative for the purpose, the representative should carry an Authority Letter issued by the Photo ID card holder along with photo ID of buyer or notarized copy of photo ID. (iv) Weighment: The weighment recorded at MOIL weighbridge will be final.(v)Quality: The quality as analyzed by MOIL and mentioned in the quality certificate issued by Chief/ Dy.Chief Process /Mines Manager or his authorized person will be final for all purposes. No bonus or penalty shall be payable by parties (buyer or seller) for variation in Manganese or other constituents, size etc. (VI) Transportation: The buyer will arrange for transport, and on their specific authorization, the material will be handed over to the transporter. Loading shall be arranged by MOIL.

 15. VALIDITY PERIOD- ROAD / RAIL : Where allotted quantity is equivalent to one full rake load approx. from a particular point, customer may take materials by rail also. (i) Validity period of Release order issued will be 30 days from the date of issue. Although MOIL will make all efforts to supply the material within this period, however, if dispatches are not made within stipulated time for reasons attributable to MOIL, due extension of time will be given without any claim whatsoever. (ii) However, in case buyers fail to lift full quantity within validity period, amount equivalent to EMD for unlifted quantity will be forfeited.

16. FORCE MAJEURE: MOIL will not be liable for any failure or delay in performance due to any cause beyond their control including but not limited to Fires, Floods, Strikes, Go-Slow, Lock-outs, closure, Pestilence, Dispute, Epidemics, Political upheavals, Government action, Civil commotion, Breakdown of machinery, shortage of labour, Acts of God etc. It will be the sole discretion of MOIL to extend time of performance after cause of delay will have cease to exist. The provisions aforesaid shall not be limited or abrogated by any other terms of contract whether printed or written.

17. SPECIAL CONDITIONS for EXPORT : Lots put up for sale may be quoted by domestic customers as well as exporters. 1) Quantity bidded for exports is against H Form, CT1 Form etc. 2)Successful bidders will have to comply with all statutory formalities on their part; facilitating removal of goods from MOIL site without payment of Excise duties and Sales tax. 3) Successful bidders must ensure submission of the following documents before lifting of materials: a) Certified copy of sales tax registration certificate. (b) Copy of certificate of registration of recognition from Ministry Of Commerce granting status of Export house. © Registration cum membership certificate from Federation of Indian Export organisation (d) Copy of certificate of incorporation from Registrar of companies. (e) Copy of PAN certificate. (f) Bond B-1 (general bond with surety) for despatch of excisable goods executed by the buyer in favour of Asst.commissioner of Central Excise Customs, Chhindwara or relevant authority. (g) Original and duly sealed and certified copy of CT1 issued by concerned Central Excise authority. (h) A blank Form H in duplicate duly signed by the buyer in advance for exemption of sales tax or else the Form H be given within 3 months from the date of MOILs invoice. (i) Copies of confirmed export orders and letter of credit credit (or other relevant documents in lieu of L/C) received from foreign buyers. (j) In the event documents under clause (b) and (c) are not available, the exporter can also give RCMC certificate of Engineering Export Promotion Council. (k) Copy of IEC. 4)Bank guarantee of successful bidders will be released only upon submission of complete export documents to the satisfaction of MOIL like, B/L, Form ARE1, Customs invoice, Shipping bill, Proof of Export from nearest excise department etc. towards proof of exports within 3 months from the date of MOILs invoice.  

18. Weighment :
(i) In case supplies are moved by rail:
a) The net weight ascertained by actual weighment of the wagons by the railway weighbridge and shown in the railway receipts shall be binding on both the Buyer and the Seller.
b) In the event of the concerned railway weighbridge being out of order and/or prior knowledge that wagons would not be weighed, due to other reasons, weight will be determined on the basis of Weight Volume Ratio (W.V.R.) and shall be binding on both Buyer and Seller.

Before loading of wagons for each grade of ore, the W.V.R. will be assessed adopting following procedure.
A tipper/truck will be engaged by the seller and the effective volume of tipper/truck will be measured by taking average length, width and height of the tipper/truck. A grade of ore will be loaded in the truck after determining the tare weight of the truck on a weigh bridge. The volume of the loaded ore shall be calculated on the basis of length, width and height of the truck /tipper and average height of the loaded ore. The W.V.R. will be determined by dividing the net weight of the ore by volume of the ore. For determining the W.V.R., the number of trucks of ore will depend upon the number of wagons to be loaded with the particular grade and will be generally as follows:-
 

c) The buyer will have the right to depute their representative to supervise such weighment at the seller's mines, and if a representative is so deputed, the weighment certificate will be signed jointly by the representative of the seller and the buyer. In case the buyer fails to depute a representative, then the representative of common sampler (third party) will witness the process of determination of W.V.R.

19. DELIVERY:-
(a) Supply will commence only after issue of delivery order (Parcel). (b) The Seller will indent for wagons after converging ore at Railway siding depending upon pending indent(s). Payment of railway freight and siding charges will be made by Buyer. After handing over the wagons to the public carrier (i.e.the railway) at the adjusting stations, the Seller's responsibility will cease and the Buyer shall become responsible for the consignments so despatched.

20. Over Loading Penalty :
(a) MOIL will be loading as per the permisible carrying capacity of wagons based on weighment carried out on Railway Weigh Bridge or Weight Volume Ratio as the case may be and will not be responsible for payment of any penalties for excess loading, if it is found by the Railway based on any other Weighbridge than located at Adjustment Yards.

21. GENERAL: (i) The decision of MOIL management in matters related to this e-Auction shall be final and binding on buyers/bidders. (ii) All matters related to e-Auction will be subject to jurisdiction of Nagpur bench of Bombay High Court. (iii) Delivery will be given on actual weighment basis. (iv)MOIL / MSTC reserve the right to modify or amend any of the terms & conditions. Any interpretation of any clause will be subject to clarification by MOIL which will be deemed as firm and final. (v) It is in the interest of buyers/bidders to keep their e-mail account valid all the time and keep their e-mail password secret, failing which they will be liable for non compliance of payment terms due to non-receipt of e-mails from MSTC. (vi) Registration of customers with MSTC is a continuous process. Nevertheless prospective bidders registering themselves 3 days prior to date of auction shall be assured of their eligibility to participate in the said e-Auction. (vii) In addition to these terms and conditions, the buyer specific terms and conditions (BST) and general terms and conditions (GTC) will also form an integral part of terms and conditions of sale through e-auction. In case of any contradiction, these Special Terms and Conditions shall prevail. (viii) Bidders must be extremely careful to avoid any wrong bidding (whether typographical or otherwise) and they must check and rectify their bid (if required) before submitting their Bid into the live e-auction floor by clicking the Bid button. In case a bidder gives a bid which exceeds the current H1 / Floor Price by Rs 200/- or more, then an alert message shall be displayed by way of a warning on the Bidders screen before he confirms/submits the bid. There is no provision for putting Bids in decimals. The Bidder shall be solely responsible for all consequences arising out of the bid submitted by him (including any wrongful bidding by him) and no complaint / representation will be entertained by MSTC/Principal in this regard. (ix) The Auction List and Special Terms and conditions (STC) being displayed in the Auction Notification under View Forthcoming Auctions on MSTCs eAuction Website or being displayed in MSTCs Corporate Website (www.mstcindia.com) are tentative and subject to last moment changes at MSTCs sole discretion till the start of e-Auction. Only the Auction List and Special Terms and Conditions displayed on the Auction Floor under View Live Auctions (and not under View Forthcoming Auctions) on start of e-Auction will be final and will form the basis for all sale contracts against this e-Auction and no representation / complaint in this regard will be entertained by MSTC / Principal from the Bidders. (x) During Live Auction and before Bidding, it will be the responsibility of the Bidders to see the hyperlinked Item Details by clicking on the respective Lot Name and no representation / complaint in this regard will be entertained by MSTC / Principal from the Bidders.

Address of MANGANESE ORE (INDIA) LTD.;
DIRECTOR (COMMERCIAL), MOIL BHAVAN ; 1A KATOL ROAD ; MOIL CHOWK, NAGPUR-440 013. PHONE NO. PBX-0712-2806100, 2590642 e-mail: esales@moilind.com . website: www.moil.nic.in.

 Address of M/S MSTC LTD. FIFTH FLOOR, 225C, A J C BOSE ROAD, KOLKATA 700020 PHONE NO. 033 2287/7557 ,22871523

** WHILE SENDING EMD BY POST/COURIER TO MSTC THE ENVELOP SHOULD BE ADDRESSED TO:
 

Sri B.MAJUMDAR
Asst. General Manager(e-Commerce)
MSTC LTD.
2nd FLOOR,
225-F, A J C BOSE ROAD,
KOLKATA 700020.
PHONE NO. 033 22877557, 22870964, 9432268398
E-mail bmajumdar@mstcindia.co.in

Sri A MAHALANABIS
Senior MANAGER(E-PROCUREMENT}
MSTC LTD.
2nd FLOOR,
225-F, A J C BOSE ROAD,
KOLKATA 700020.
PHONE NO. 033 22877557, 22870964, 9432268398
E-mail amahalanabis@mstcindia.co.in

WHILE SENDING EMD TO MOIL PLEASE CONTACT
Sri A.K.MEHRA
DIRECTOR(COMMERCIAL),
Manganese Ore (India) Ltd. ,
MOIL BHAVAN ; 1A KATOL ROAD ; MOIL CHOWK, NAGPUR-440 013
PHONE NO. 0712 -2592272,FAX-0712-2590644