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Appointment of official contractor.
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6.—(1) The Minister may, from time to time, give public notice in such manner as he thinks proper that he will, within a specified time, receive applications from persons desiring to be appointed to be official contractor for the supply, during a period specified in such notice, of a commodity or of all or any of two or more commodities similarly specified, to local authorities.
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(2) Subject to the provisions of the next following sub-section of this section, every application, made in pursuance of public notice given by the Minister under this section, for appointment as official contractor shall be made in writing in the prescribed form and manner and shall contain the prescribed particulars, which shall include—
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(a) a statement of the price at which the applicant is willing to supply the commodity or commodities specified in such application during the period and to the local authorities stated in such notice,
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(b) a statement showing in the prescribed manner the quality which the applicant is willing to supply of such commodity or each of such commodities, and,
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(c) a statement that the applicant is willing to conform in respect of such commodity or commodities with the prescribed conditions of supply.
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(3) Whenever, owing to the nature of the commodity, the custom of the trade, or any other circumstances, it is not practicable for applications for appointment as official contractor in respect of a particular commodity to be made in conformity in all respects with the provisions of the next preceding sub-section of this section, the Minister may, by regulations made by him under this Act or by special authorisation given by him in each particular case, allow such applications to be made in such form as he shall think most suitable to the circumstances of the case and shall specify in such regulations or special authorisation.
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(4) Upon the expiration of the time limited by a public notice given by the Minister under this section, the Minister shall (subject to the provisions of this Act) consider every application made by any person in pursuance of such notice and received by the Minister within the said time, and the Minister may, if he so thinks fit, thereupon appoint any such person to be an official contractor to all local authorities or to such class of or to such particular local authorities as the Minister shall think proper for the supply of the commodity or commodities specified in the application of such person during the period stated in such notice.
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(5) Save as is otherwise provided by this Act, every application under this section for appointment as an official contractor shall be irrevocable and every applicant under this section for such appointment, shall, if he is appointed in accordance with his application, be bound to accept such appointment.
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(6) The Minister may require any person who has applied under this section for appointment as an official contractor to give to the Minister, by deposit, bond, surety, or otherwise as the Minister shall direct, security for the due performance by such person (if he is appointed as such official contractor) of the duties and obligations under such appointment, and the Minister may require such security to be given either before and as a condition precedent to consideration of such application or immediately before or after appointment as such official contractor and as a condition (precedent or subsequent, as the case may be) of such appointment.
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(7) The appointment under this section of a person to be an official contractor shall not constitute or imply any contract or agreement between the Minister and such person.
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(8) More than one official contractor may be appointed under this section in pursuance of any particular public notice given by the Minister under this section, and any person may be appointed under this section to be an official contractor in respect, of any commodity or commodities notwithstanding that he holds an appointment as official contractor in respect of any other commodity or commodities.
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(9) Every appointment under this section of an official contractor shall be notified by the Minister to the person so appointed and shall also be published by the Minister in such manner as he thinks proper.
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