TMI Blog2014 (8) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... t point out any guidelines, instructions or statutory provisions as to why the affidavit is required to be attested only by Executive Magistrate. The Notary Public is authorised with the power of attestation of affidavits under the Notaries Act, 1952. Therefore, we find that affidavit filed by the petitioners attested by the Notary Public within the time of submitting tenders, meets the requirement of the tender conditions. As regard the issue of lack of service tax number by the petitioners, such requirement is not a requirement by statute. The chemists under the Finance Act, 1994 are not required to have registration with service tax authorities. The committee was right in proposing the minor deviation so as to have service tax registr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit regarding non-black listing/non-prosecution of firm. The petitioners represented that service tax is applicable on health services provided by any hospital, nursing home or multi-speciality clinic and not by the chemists. It was on December 2, 2011, the petitioner were informed that their bids have been rejected during technical evaluation by the committee for the reasons that the bids are technically not qualified. The reasoning given by the respondents is that the petitioners do not have service tax number. 3. After the bids of the petitioners were rejected the petitioners approached this court by way of writ petition filed on December 5, 2011. During the pendency of the writ petition, the financial bids of the other tenderer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice tax number, he/she can also have participated. In the light of the observations made by the account functionaries that being a minor deviation, because of the two issues defined above and to have broader competition, it would be appropriate to seek permission from the competent authority to open the price bids of the qualified tenderers by relaxing the issue of service tax number. However, it may be added that the successful bidder has to have service tax number within one month from the date of approval of the tender. It is of utmost importance that since only one chemist shop is functioning and patients are facing tremendously difficulty which demands early finalization of the tender. It is pertinent to mention here that the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hest bidder for shop No. 4 and if the financial bids of the petitioners are also ordered to be opened it will seriously affect the rights of the said tenderer. Therefore, the financial bids of the petitioners cannot be opened at this stage. Mr. Bansal has also pointed out that since the petitioners have not filed affidavit in respect of non-black listing and non-prosecution of the firm, therefore, the petitioners cannot be permitted to furnish such affidavit after the last date of opening of tenders. 9. A perusal of the written statement of the official-respondents shows that in fact the petitioners have filed such affidavit on November 4, 2011 attested by the Notary Public and not by the Executive Magistrate. The petitioners were called ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
