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Shambhavi Suyesha
| Updated: 17 May, 2022 | Category: Waste management

E-waste auction in India

E-waste auction in India

E-waste auction in India is conducted on an “as is where is” basis. Any appropriate authority or company invites the tender or bids from the registered recycler or processors of e-waste with the Ministry of Environment and Forest or Central Pollution Control Board, or the State Pollution Control Board authorisation for the disposal of old or unused e-waste through auction. The waste way to dispose of the e-waste is to hand it over them to the authorised recyclers or e-waste management, especially those skilled in performing safe e-waste recycling. 

General Terms and Conditions for e-waste auction in India

Each authority or company inviting the tender provides its own terms and conditions. However, there are certain general terms and conditions, such as:

  • The book value of each item should be mentioned in the list of items proposed to be disposed.
  • Bidders can inspect the items to be disposed of on a given date and time.
  • All e-waste items shall be sold to the highest bidder.
  • The bids are invited for the lot, and no bid would be accepted for any part of the same.
  • The successful bidder’s Earnest Money Deposit (EMD) shall be adjusted from the total payment.
  • After the due adjustment of Earnest Money Deposited, the successful bidder has to make full balance payment.
  • The earnest money deposit of any unsuccessful bidder shall be returned to him within one month after the auction date.
  • Once the e-waste item has been transferred (disposed) to a successful bidder, then it cannot be taken back.
  • The successful bidder has to lift all the items so disposed of from the disposal site within three days after the payment of the balance amount. On failure to do so, the entire amount of the bidder shall be forfeited. 
  • The successful bidder shall make his own arrangement for lifting the disposed of items, such as transportation, labour, etc. 
  • The handling or disposal of Information Technology related e-waste such as a printer, fax machines, etc., is the sole responsibility of the bidder. 
  • The bidder participating in the e-waste auction in India shall be registered with the appropriate Government Agency as per the E-waste (Management & Handling) Rules, 2011 and its amendment. 
  • The quotation letter should be sealed with the mark related to the auction and the proper address of the authority inviting such tender.
  • The authorities have the right to either accept or reject the quotation letter without giving any reason.
  • The decision to accept or reject the bid /tender shall lie with authority on the basis of eligibility criteria and the highest bid, and such a decision will be final. 

Eligibility Criteria for the bidders

The general eligibility or pre-qualification criteria required for a bidder are as follows:

  • The bidder firm should be registered with the Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee with an enclosed copy of supporting documents. 
  • Such a firm should have Environmentally Sound Management Facilities regarding the disposal of e-waste as per the norms provided by the Government with an enclosed copy of supporting documents.
  • The bidder firm or company should be registered in India with an enclosed copy of supporting documents.
  • PAN number and GST number with an enclosed copy of supporting documents.

Apart from these eligibility criteria, the authority or company inviting the tender can also impose some criteria on their own. 

Documents to be submitted along with the bid

The documents to be attached with the bid are the following:

  • Address proof including electricity bill, Aadhar card, driving license, voter ID, etc.
  • Copy of PAN Card
  • Copy of VAT registration (if any)
  • Copy of registration and authorisation for disposal of e-waste issued by the Pollution Control Board or Pollution Control Committee. 
  • Earnest Money Deposited Fee
  • Bank Account Details, such as a Passbook[1] or cancelled cheque.

Along with these, the Bid form, terms and conditions, list of E-waste items, the commercial offer and the signed documents are also attached as per the requirement of the invitation of the bid or tender. 

Bidding procedure of E-waste auction in India

The procedure of bidding is decided by the authorities or companies inviting the bid. However, the following can be regarded as the general procedure for the auction of e-waste in India:

  • Bids in sealed envelope with the mark of the title of the invitation are delivered at the appropriate address of the inviting authority within the time period prescribed under the invitation.
  • Bids must be delivered along with the Earnest Money Deposited (EMD), as a bid without EMD will be rejected.
  • All columns of the bill should be duly filled, and additional information should be attached separately and referred to in the relevant column of the bid form.
  • Bids are opened at the decided place, time and date in the presence of all the attending/present bidders.
  • The bidders present at the prescribed place and time sign the attendance register as evidence of their presence. 
  • The bidder’s name and other requisite details are announced at the time of bid opening. 

Conclusion

The e-waste auction in India is done on the basis of “as is where is”. Any Government authority or any Company can invite the e-waste recyclers by issuing an invitation of bid or tender. The list of items to be disposed of is enclosed in the invitation. Each inviting company or the authority makes their own rules and regulation relating to such an auction. However, certain general terms and conditions are followed in every auction, such as EMD, preference given to the highest bidder, etc.; the bidders are required to submit some of the required documents along with the bid. The bidders who are present at the specified date, time and place are required to mark their presence in the register as proof. It is always the highest bidder whose bids are accepted for e-waste recycling. 

Read our Article:An Overview of the E-Waste Recycling Business

Shambhavi Suyesha

Shambhavi holds a strong legal background, having completed her BA LLB and LLM. She is particularly interested in legal research and writing, and wishes to utilise her knowledge to create informative legal content. She is an analytical researcher and keeps herself updated about the current legal affairs. She also holds prior experience in publishing articles on assorted legal areas.

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