Expression of Interest on Profit Sharing basis

(Un-Solicited Proposals by Apex Energy Limited)

 

1.            The Directorate General, Mines and Minerals, Khyber Pakhtunkhwa, Peshawar, has received the following two numbers of unsolicited proposals for the grant of mineral titles on profit sharing with the Government, under Section 10 of the Khyber Pakhtunkhwa, Mines and Minerals Act, 2017 from M/S APEX ENERGY LIMITED, ISLAMABAD. Therefore, interested organizations are invited to submit their proposals for the said areas under Section-10 of the Act ibid:

 

 

2.                  The area is offered on an “as is and where is basis”.

 

3.                   All interested organizations are advised to visit the area of their choice, before applying, to check the mineral potential and other details of the area. After execution of the profit-sharing agreement, no such claim shall be entertained.

 

4.                  The interested organizations shall submit a separate application for each area of their choice. The application on the prescribed form shall be accompanied by a non-refundable application fee of Rs. 111,828/- for each area in Account No. 0066-2008208215, in any branch of Bank of Khyber (BOK). The application form, treasury challan, sketches of the areas, pre-qualification criteria and profit-sharing/financial proposal may be downloaded from the Department’s website www.kpminerals.gov.pk or may be obtained from the Directorate General, Mines and Minerals, Khyber Pakhtunkhwa, Peshawar.

 

5.                  Interested organizations shall submit in the Bank of Khyber a call deposit of Rs. 1,000,000/-   (One Million Rupees) in favor of the Director General, Mines and Mineral, Khyber Pakhtunkhwa, Peshawar, for each area in Account No. 0066-2007838436, in any branch of Bank of Khyber (BOK).

 

6.                  The interested organizations shall submit a duly filled application form along with the technical proposal, as mentioned in the pre-qualification criteria and profit-sharing/financial proposal, in two separate sealed envelopes, complete in all respects, to the office of the Director General, Mines and Minerals, Khyber Pakhtunkhwa, Peshawar, on or before the closing date 23/10/2023 at 10:00 a.m.

 

7.                  The technical proposal shall be opened on the same day i.e. 23/10/2023 at 11:00 a.m., in the presence of the organization or its representative duly authorized in this behalf.

 

8.                  In case of any public holiday the submission and opening of technical proposals shall be held on the next working day at the same time.

 

9.                  The technical proposal shall be evaluated as per pre-qualification criteria that may be downloaded from the Department’s website or obtained from the Directorate General, Mines and Minerals, Khyber Pakhtunkhwa, Peshawar. All organizations are requested to submit supporting documents as per the said criteria.

 

10.             No blacklisted or defaulted organizations shall be allowed to participate in the process.

 

11.             The Licensing Authority has the power to accept or reject the proposal to be recorded in writing.

 

12.             The profit-sharing/financial proposal shall be opened and considered only, where such organizations are declared pre-qualified by the Technical Evaluation Committee as per the laid down pre-qualification criteria.

 

13.             The minimum profit share of the Government shall be ten percent (10%) and the contributions to Corporate Social Responsibility (CSR) shall be three percent (03%) at least.

 

14.             The organization (if technically pre-qualified) that has submitted the unsolicited profit sharing proposal shall hold the first right of refusal in accordance with section 10 of the Khyber Pakhtunkhwa Mines and Minerals Act, 2017. In case of non-compliance, the same shall be offered to the organization that has quoted/offered the highest profit share to the Government.

 

15.             If the organization that has submitted the unsolicited profit sharing proposal fails to comply with the terms and conditions of the offer letter, its call deposit (CDR) shall be forfeited and the organization that has quoted/offered the highest rate of profit share to the Government shall be issued an offer letter. If the said organization also fails to comply with the terms and conditions of the offer letter, its call deposit shall also be forfeited.

 

16.             The successful organization of the profit-sharing agreement, duly approved by the Mineral Titles Committee with the approval of the Authority, shall be issued an offer letter for the completion of formalities and execution of the profit-sharing agreement with the Department.

 

17.             The successful organization shall also pay, rents, royalties, excise duties on minerals, withholding tax, KPPRA tax, and other taxes or dues, as notified by Government, from time to time.

 

18.             The call deposit of the successful organizations shall be treated as security of the lease.

 

19.             The successful organization, to which mineral title on profit sharing is granted, shall abide by the provisions of the Khyber Pakhtunkhwa, Mines and Minerals Act, 2017 and rules thereof as well as it shall also comply with the instruction of the Licensing Authority or its authorized officer and Steering Committee.

 

20.             The lease period of the mineral title for placer gold and associated heavy minerals granted on profit sharing basis shall be ten (10) years (non-renewable) in accordance with the tenure of the mineral title as specified in section 11 read with Schedule IX of the Khyber Pakhtunkhwa Mines and Minerals Act, 2017.

 

21.             The successful organization, whose proposal is approved for a grant of mineral title, shall also submit an application form for the mineral title along with the requisite fee and other formalities as per the Khyber Pakhtunkhwa, Mines and Minerals Act, 2017 and rules made thereunder.

 

22.             If any forest land, archaeological sites, national park, sanctuaries, granted/court stay areas are found overlapped with the profit-sharing proposed areas, the same portion shall be declined by the concerned Forum.

 

23.             If restraining orders are received from any authority or Court, the process of the same area shall be held in abeyance by displaying a simple notice on the notice board of the Directorate General, Mines and Minerals, Khyber Pakhtunkhwa, or its website.

 

24.             Any other terms and conditions as deemed appropriate by the Department and the Licensing Authority may also be made part of the profit-sharing agreement if so desired.

 

25.             Interested organizations may visit the Directorate General, Mines and Mineral, Khyber Pakhtunkhwa, for further information on any working day before the closing date.

 

 

 

 

Director General,

Mines & Minerals, Khyber Pakhtunkhwa