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Tender Document For Canteen Management Process. TENDER Bid Opening Date at MTES Regional Office, Sangli The contractor should not run any other canteen in Pune Municipal Corporation or concern competent. (Maharashtra State Council Of Examination, Pune) e-tender & for Mess Corrigendum -I /Corrigendum-VI/revised tender opening date. Maharashtra Saral Seva Bharti News, Dates | Notification October 6, Jobs . Official Website of Thane Municipal Corporation, Thane mahapalika, TMC, .. Tender Detail provides latest news on eProcurement Tenders from Sangli.
It was also stated in the said letter that the work should be completed within five months from the receipt of the said order and in case of delay, the petitioner will have to pay fine of Rs.
The petitioners were also required to accept the said order. Accordingly, the petitioners by the letter Dt. The fourth respondent accepted the said letter, but did not accept the security deposit on the ground that the proforma of the agreement to be entered into by the petitioners and the fourth respondent was not ready.
Thereafter by a telegram Dt. The telegram was received by the petitioners on the 8th. It was followed by a letter 6th June,which was received by the petitioners on the 11th. It appears that the work, order was stayed because fifth respondent Genelec Ltd. On receipt of the complaint, the Collector sent a report to the Divisional Commissioner on 15th June, and on receipt of this report, the Divisional Commissioner directed the Collector to hear the concerned contractors and to take suitable decision in the matter.
The impugned order is challenged on the grounds: The impugned order was passed by the third respondent the Collector of Sangli on the complaint lodged by the fifth respondent with the Divisional Commissioner, Pune Division. On receipt of this complaint, the Divisional Commissioner directed the Collector to make enquiry into the complaint and to submit his report in respect of the said complaint.
Accordingly, the collector submitted his report on 15th June, and on receipt of this report, the Divisional Commissioner directed the Collector to take suitable decision in the matter after hearing the concerned contractor, and accordingly, the Collector held an enquiry and after hearing the petitioners, as well as the 5th respondent, passed the impugned order. It is contended that the second respondent had no power to pass the impugned order under section of the said Act and hence, the said order is illegal and ultra vires.
Section of the said Act confers revisionary powers on the State Government. As the Administration in accepting ;the tender of the petitioners acted in exercise of the powers and duties of the Municipal Council and its various authorities vested in him, the order passed by the Administrator in that behalf is subject to the revisional jurisdiction of the Sate Government by virtue of section of the said Act.
The second respondent exercising his powers, therefore, was competent to satisfy himself as to the legality or propriety of the order passed by the Administration. Moreover, section is not the only provision under which the second respondent could have acted for setting aside the order of the Administrator.
Sections and of the said Act vest sufficient powers in the Collector in this behalf. Section confers powers on the Director, the Collector or any officer of the Government authorised by the State Government to enter on and inspect, or cause to be entered on and inspected any immovable property occupied by or moveable property, belonging to any Council or any institution under the control or management or any work in progress under it or under its directions and call for or inspect any extract from any Council's or committee's proceedings and any book or document in the possession of or under the control of the Council or any of its committees.
Section confers powers on the Director and the Collector to call for returns and reports.
Sangli - Wikipedia
Sectionwhich concerns powers on the collector and the director to suspend the execution of any order or resolution of the Municipal Council on certain grounds reads as follows: If no such statement is received by the Director within time, the Director shall presume that the council has no objection if the order of the Collector is confirmed.
Provided that, the Director shall take into account the statement of a Council if received, before such an order is made by him. The main ground on which the second respondent passed the impugned order is that the petitioners were not eligible to submit their tender, because, only those contractors who manufacture HPSV lamps fittings were eligible to get the contract.
This conclusion is fully supported by Clause 43 of the terms and conditions of the tender and also by the public notice issued by the Municipal Council inviting tenders for the work in question. Clause 43 of the Tender reads as follows: The notice inviting the tender specifically reiterates this position.
The last clause of the notice which restricts the eligibility to submit tenders only to the manufacturers reads as follows: No doubt, this clause is clumsily worded, but it does convey unequivocally the sense that only manufacturers were competent to submit the tenders.
This position flows also from Clause 44 of the terms and conditions of the tender. The said clause reads as follows: Needless it is to say that the particulars required to be furnished by the tenderer as per Clause 44 can be furnished only by a manufacturer. Moreover, sub-clause viii of clause 44 expected the tenderers to indicate whether luminaries offered are manufactured in their own factory, and if so, to furnish the address of the factory.
Government of India, Clause 43 read with Clause 44, therefore, leaves no doubt that only manufacturers were eligible to make offer for the contract. Admittedly, the petitioners are not the manufacturers. As a matter of fact, besides respondent No. The Administrator, therefore, was basically wrong in even taking into consideration the tender submitted by the petitioners. In doing so he had ignored the report submitted by the Electrical Engineer of the Jubilee electric works, which, as mentioned above, is the electric department of the Sangli Municipal Council.
This report was accepted and forwarded by the Administrator with favourable recommendation by the Chief Officer of the Sangli Municipal Council. As a matter of fact, the electrical engineer had called for discussion only two manufacturers viz. The other tenderers, including the petitioners, were not even called for discussion.
That was because none of the other tenderers was a manufacturer. The electrical engineer had made clear in his report that tenders were invited only from manufacturers and had given in detail the rationale for restricting the tenders to the manufacturers.
The petitioners were not and are not manufacturers and hence they were not competent to submit their tender for the work in question.
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The Administrator while accepting the tender of the petitioners and issuing the work order in petitioner's favour completely ignored his basic requirement. It is contended that Clause 43 of the terms and conditions of the Tender violates Article 14 of the Constitution inasmuch as it discriminates against the non-manufacturing contractors. It is contended that the classification between the contractor, who is a manufacturer and the contractor who is not the manufacturer of the goods required for carrying out the work, has no rational nexus to the object sought to be achieved, viz.
According to the petitioners this decision to restrict the contract only to the manufacturers is absolutely arbitrary and discriminatory.
There is no substance in this contention.
1. NTID 17389460
There was nothing arbitrary or wrong in the Municipal Council calling for the tenders only from the manufacturers. It is certainly in the public interest to get genuine goods from the manufacturers themselves.
The electrical engineer in his report, referred to above, has elaborately discussed the rationale behind the policy of restricting the tenders only the manufacturers.
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He had given five reasons for preferring manufacturers. They are as follows: Moreover, the said data can be checked in the laboratory of the manufacturer any time, which would not be possible in case of non-manufacturers contractors; v Follow up action would be conveniently taken if the contractor is a manufacturer.
All these consideration, which weighed with the concerned officers of the municipal council is restricting the tenders only to the manufacturers, are not only germane to the purpose sought to be achieve, but are completely in public interest.
It cannot be disputed that it would be in public interest for municipal council to purchase genuine goods and to carry out its statutory functioning of street lighting in an efficient manner, even at higher rate, instead of getting superior goods at cheaper rate without there being any effective check on the quality and genuineness of the goods supplies.
It is therefore, difficult to accept the contention that Clause 43 of the terms and conditions of the tender is violative of Article 14 of the Constitution. It is contended that the action of the municipal council, like government action must satisfy the test of reasonableness and public interest. The Municipal Council, it is urged, cannot act as it pleases in the manner of giving largess and it cannot choose to deal with any person it pleases in its absolute and unfettered discretion.
Kasturi Lal Lakshmi Redeey etc. In that case, the action of the State Government in granting tapping contract by way of negotiation was challenged as arbitrary and irrational. In dealing with two limitations imposed by law which restrict and control the discretion of the government in the matter of granting larges.
Their Lordships observed as follows in para 11 of the Judgment: So far as the first limitation is concerned, it flows directly from the thesis that unlike a private individual would be guided by economic considerations of self-gain in any action taken by him, it is always open to him under the law to act contrary to his self-interest or to oblige another in entering into contractor selling or leasing out its property, whatever be its activity, the Government is still the Government and is subject to restraints inherent in its position in a democratic society.
The constitutional power conferred on the Government cannot be exercised by it arbitrarily or capriciously or in an unprincipled manner, it has to be exercised for the public good.
Every activity of the Government has a public element in it and it must, therefore, be informed with reason and guided by public interest. Every action taken by the Government must be in public interest, the Government can not act arbitrarily and without reason and if it does, its action would be liable to be invalidated.
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Sangli Miraj And Kupwad Municipal Corporation
In this post, we providing information regarding the education qualification required for a Talathi post and keep visiting www. Sangli City is the district headquarters. Reach out to us for more information on our products and any other related queries. Objective of this workshop is to revisit the government's pro-poor welfare programmes and ideate ways to effectively implement them and maximise their outreach.
The Accounts worked carried out by offices like Treasuries, Accounts office TreasuriesStore Verification and Vigilance Units, which were working under the control of the Finance Department have been placed under the administrative control of the Directorate after its formation.