Rule 36
Tender Approval Or Re-tendering
(1) The application of bidding or quotation received pursuant to Rule 35, shall be opened at the time and place mentioned in the public notice and the customs officer shall prepare comparative chart of bidding amount or shall prepare the evidence for the highest price bidding amount in case of public auction.
(2) On the basis of Comparative chart or higher bidding amount as per Sub-rule (1), the bidder bidding the minimum price or more than the minimum price shall be approved. In case of number of bidders who have quoted more than the minimum price, the bidding of highest price shall be approved.
(3) After the approval of the bidding amount pursuant to Sub-rule(2), the bidder shall be given Seven days notice to deposit the balance amount and clear the goods.
(4) If the bidder does not deposit the balance amount and does not clear the goods within the specified period pursuant to Sub-rule (3), the deposit amount shall be confiscated and may award the tender to the Second, Third or Fourth lowest bidder respectively. In case of the approval of the lowest bidder, if the auction is not realized, the deposit shall be confiscated and re-tender for the sale shall be processed.
(5) In case of re-tendering pursuant to Sub-rule (4), the Seven days notice for second bidding, sealed quotation, or public auction shall be given.
(6) In case the goods could not be sold at the minimum value even in the second time tendering, as per Rule 54, the committee shall revalue the minimum price and fix the revised minimum price and notice for re-tender in the manner mentioned in the Rule 35, shall be issued. In case the goods could not be sold through bidding in the revised minimum price, the customs officer may sale the goods directly at the minimum price fixed in the presence of the representative of concerned District Administration Office and District Treasury Office.
(7) If the goods could not be sold pursuant to Sub-rule (6), with the approval of the Director General, the customs officer shall struck off the records of such goods from the customs record and destroy such goods in the manner as referred to in Sub-rule 25.
(8) In case of auctioning of the vehicles which are more than Twenty years from the date of production or engine number or chassis number or production date not mentioned; the vehicle or engines or chassis shall be destroyed in the successful bidder’s expense and it shall be noted in the customs declaration form.
(9) Notwithstanding anything contained in these Rules, the customs office shall sell the gold, silver, diamonds and other precious stones and ornaments and other articles made there from, to the Nepal Rastra Bank at current market price confiscated or government property not cleared by the owner if the Nepal Rastra Bank is willing to purchase them. If Nepal Rastra Bank is not willing to purchase them or if any quantity is left over after it does so, such articles, with the approval of the Department, and the minimum value fixed as per the Rule shall be sold by public auction in case the minimum value of such articles is up to One Hundred Thousand Rupees or through bidding in case the minimum value of such articles is more than One Hundred Thousand Rupees.
(10) Notwithstanding anything contained in these Rules, in case of selling of goods by taking approval pursuant to the prevailing law, such goods shall be sold to the licensee only.
(11) Notwithstanding anything contained in thsee Rules, in case the National Trading Limited, Salt Trading Corporation, Sajha Bhandar Limited, Tara Gaon Bikash Samiti or, cooperatives show willingness to purchase goods to be auctioned, the customs officer shall sell such goods negotiating directly at the price not less than the fixed minimum price or more than the minimum price.
(12) Notwithstanding anything contained in this Chapter, in case the goods confiscated or seized by the customs office under the Act or purchased under Clause (b) of Sub-section (15) of Section 13 of the Act, include rotten or worn-out items which are liable to depreciation of value or consumer items which have less than three months expiry date or items which can not be preserved in the customs office because of lack of space or animals or birds , these shall be sold by auction on the day they reach the customs office or on the following day by putting notice in the Notice Board. The highest price of open bidding may be approved by the customs officer as per this Sub-rule.
(13) In case there is no position of the customs officer and which may hamper the bidding process, the Director General may make appropriate arrangement for this purpose.
Explanation: For the purpose of this Chapter, “Customs Officer” means Chief of Customs office of the Gazetted rank or in his/her absence, he officiating chief of the customs office.
(14) Notwithstanding anything contained in these Rules out of the Ten percent amount collected out of the auction of the goods or commodities stored in the go-down or places which are in the ownership of the Terminal Management Company or the amount collect from the go- down rent, the amount which so ever is lesser, shall be returned to the Terminal Management Company.
(2) On the basis of Comparative chart or higher bidding amount as per Sub-rule (1), the bidder bidding the minimum price or more than the minimum price shall be approved. In case of number of bidders who have quoted more than the minimum price, the bidding of highest price shall be approved.
(3) After the approval of the bidding amount pursuant to Sub-rule(2), the bidder shall be given Seven days notice to deposit the balance amount and clear the goods.
(4) If the bidder does not deposit the balance amount and does not clear the goods within the specified period pursuant to Sub-rule (3), the deposit amount shall be confiscated and may award the tender to the Second, Third or Fourth lowest bidder respectively. In case of the approval of the lowest bidder, if the auction is not realized, the deposit shall be confiscated and re-tender for the sale shall be processed.
(5) In case of re-tendering pursuant to Sub-rule (4), the Seven days notice for second bidding, sealed quotation, or public auction shall be given.
(6) In case the goods could not be sold at the minimum value even in the second time tendering, as per Rule 54, the committee shall revalue the minimum price and fix the revised minimum price and notice for re-tender in the manner mentioned in the Rule 35, shall be issued. In case the goods could not be sold through bidding in the revised minimum price, the customs officer may sale the goods directly at the minimum price fixed in the presence of the representative of concerned District Administration Office and District Treasury Office.
(7) If the goods could not be sold pursuant to Sub-rule (6), with the approval of the Director General, the customs officer shall struck off the records of such goods from the customs record and destroy such goods in the manner as referred to in Sub-rule 25.
(8) In case of auctioning of the vehicles which are more than Twenty years from the date of production or engine number or chassis number or production date not mentioned; the vehicle or engines or chassis shall be destroyed in the successful bidder’s expense and it shall be noted in the customs declaration form.
(9) Notwithstanding anything contained in these Rules, the customs office shall sell the gold, silver, diamonds and other precious stones and ornaments and other articles made there from, to the Nepal Rastra Bank at current market price confiscated or government property not cleared by the owner if the Nepal Rastra Bank is willing to purchase them. If Nepal Rastra Bank is not willing to purchase them or if any quantity is left over after it does so, such articles, with the approval of the Department, and the minimum value fixed as per the Rule shall be sold by public auction in case the minimum value of such articles is up to One Hundred Thousand Rupees or through bidding in case the minimum value of such articles is more than One Hundred Thousand Rupees.
(10) Notwithstanding anything contained in these Rules, in case of selling of goods by taking approval pursuant to the prevailing law, such goods shall be sold to the licensee only.
(11) Notwithstanding anything contained in thsee Rules, in case the National Trading Limited, Salt Trading Corporation, Sajha Bhandar Limited, Tara Gaon Bikash Samiti or, cooperatives show willingness to purchase goods to be auctioned, the customs officer shall sell such goods negotiating directly at the price not less than the fixed minimum price or more than the minimum price.
(12) Notwithstanding anything contained in this Chapter, in case the goods confiscated or seized by the customs office under the Act or purchased under Clause (b) of Sub-section (15) of Section 13 of the Act, include rotten or worn-out items which are liable to depreciation of value or consumer items which have less than three months expiry date or items which can not be preserved in the customs office because of lack of space or animals or birds , these shall be sold by auction on the day they reach the customs office or on the following day by putting notice in the Notice Board. The highest price of open bidding may be approved by the customs officer as per this Sub-rule.
(13) In case there is no position of the customs officer and which may hamper the bidding process, the Director General may make appropriate arrangement for this purpose.
Explanation: For the purpose of this Chapter, “Customs Officer” means Chief of Customs office of the Gazetted rank or in his/her absence, he officiating chief of the customs office.
(14) Notwithstanding anything contained in these Rules out of the Ten percent amount collected out of the auction of the goods or commodities stored in the go-down or places which are in the ownership of the Terminal Management Company or the amount collect from the go- down rent, the amount which so ever is lesser, shall be returned to the Terminal Management Company.