(VERSION-IV) - DVC :: Consumer Login

5.1 Grounds for Banning of Business dealings:
(i)
(ii)
If security considerations including question of loyalty to the state so warrant.
If there is strong justification for believing that the proprietor or employee or
representative of the firm/contractor has been guilty of malpractices such as Bribery,
corruption, fraud, sub situation of tenders, interpolation, misrepresentation, evasion or
habitual default in payment of any tax levied by law etc.
(iii) If the firm/contractor continuously refuses to return DVC dues without showing
adequate cause and DVC are satisfied that this is not due to reasonable dispute which
would attract proceeding in arbitration or court of law.
(iv) If the firm/contractor employs a government servant / DVC Officer, dismissed, removed
on account of corruption or employs a non-official convicted for an offence involving
corruption or abetment of such an offence, in a position where he could corrupt DVC
Officers
(v) Formation of price cartels with other suppliers/contractors/transporters with a view
to artificially hiking the prices.
(vi) Continuous failure to execute the job as per terms of the contract thrice.
(vii) If the firm/contractor misuses the premises or facilities of the DVC, forcefully occupies
or damages the DVC’s property including land, water resources, forests/trees or tampers
with documents/records etc.
3.2 Procedure for Banning of Business Dealings:
User department or Engineer in charge will move the case which will be processed by concerned
Material Head/ Chief Purchase Officer and put up to Competent Authority, Senior Chief Engineer
/Chief Engineer /CMM DVC.
(i) A Show Cause Notice will be issued by the Competent Authority indicating clearly and
precisely the charges/misconduct which should be based on facts as can be proved as distinct
from mere allegations.
(ii) The firm/contractors may be given a period of 30 days to submit their representation if any,
against the Show Cause Notice.
(iii) Thereafter, the appropriate orders for Banning of business dealings with the firm/contractor
may be taken only after perusing the representation of the firm/contractor, if any, received in
reply to Show Cause Notice incorporating the reasons for taking such action.
(iv) In case no reply to show cause notice is received within stipulated time, appropriate speaking
order for suspension of the firm/contractor shall be passed ex parte.
(v) The orders must specifically mention the fact that the reply to the show cause Notice, if any,
has been considered by the said authority. The ex parte order shall contain the fact that the
reply to show cause notice has not been received within stipulated time.
W& P Manual – 2012 Page 135