Wednesday, the 13th February, 2013 PART-A POSTPONED CASE. Committee... · 18 Desicator 6" (small) 4 16000 19 Centrifuge Clinical for 12 tubes of 15 ml.. Acrylic transparent safety

NORTH DELHI MUNICIPAL CORPORATION List of Business

to be transacted at the Meeting of the

Standing Committee to be held on

Wednesday, the 13th February, 2013 at 2.00 P.M.

at Satya Narayan Bansal Sabhagar, 2nd Floor, A-Wing,

Dr. S.P. Mukherjee Civic Centre,

New Delhi.

Item No Subject PART-A

POSTPONED CASE

53 Allotment of Shehnai Banquet Hall at Asaf Ali Road, New Delhi on License fee basis.

Commissioner’s letter No. F.33/RPC/304/C&C dated 21.11.2012. 54 Allotment of Cup & Saucer Restaurant at Minto Road, New Delhi on License fee basis.

Commissioner’s letter No. F.33/RPC/305/C&C dated 21.11.2012.

67 Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. (i)Commissioner’s letter No. F.33/CL&EC/NDMC/365/C&C dated 19.12.2012. (ii)Constitution of Sub-Committee in the meeting dated 16.1.2013

68 Waiving off of user charges for “Janani Shishu Surakhsa Karaykram” (JSSK) beneficiaries

under JSSK Scheme of Directorate of Family Welfare, Govt. of NCT, Delhi. Commissioner’s letter No. F.33/Health/NDMC/368/C&C dated 20.12.2012.

71 Assignment of Unique Property Identification CODEs (UPICs)/issue of UPIC CARDs and

Property tax Passbooks u/s 125 of the DMC Act with the AIM to streamline Tax Collection. Ref:- Reforms under JNNURM to Strengthen the Financial Base of Municipal Bodies and

Augment Resources. Commissioner’s letter No. F.33/A&C/NDMC/377/C&C dated 20.12.2012

76 Framing of guidelines/criteria for registration of Non-motorized vehicles (Cycle Rickshaws) and issuance of licenses to the Cycle Rickshaw Pullers/Pliers in compliance of directions dated 02.06.2012, 07.12.2012 and 14.12.2012 of the Hon’ble High Court of Delhi in CWP No. 4572/2007 (Manushi Sangathan V/s MCD & Ors.).

Commissioner’s letter No. F.33/Hackney Carriage/NDMC/462/C&C dated 30.01.2013

NEW CASES 78 Re-designation of the post of CA-cum-FA as Addl. Commissioner (Finance,Accounts and

Planning). Commissioner’s letter No. F.33/CED/NDMC/428/C&C dated 11.1.2013. 79 Up-gradation/Strengthening of Paediatrics Department of Kasturba Hospital.

Commissioner’s letter No. F.33/Health/NDMC/431/C&C dated 14.1.2013. 80 Administrative Approval & Expenditure Sanction for distribution of uniform subsidy

Rs.500/- cash for uniform items to each child enrolled in Class-I to V studying in North Delhi Municipal Schools in the financial year 2012-13.

(i) Commissioner’s letter No. F.33/Edn./NDMC/284/C&C dated 21.11.2012. (ii) Resolution No.28 of Education Committee dated 19.12.2012

-2- 81 Proposal for administrative approval and financial concurrence regarding giving incentive

of Rs.200/- to each girl child of Classes-I to V studying in North DMC Primary Schools during the year 2012-2013.

(i) Commissioner’s letter No. F.33/Edn./NDMC/310/C&C dated 29.11.2012. (ii) Resolution No.29 of Education Committee dated 19.12.2012

PLACED ON TABLE

82 Purchase of Equipments of Forensic Medicine Department for Medical College.

Commissioner’s letter No. F.33/Addl. Cm (Finance)/NDMC/489/C&C dated 13.02.2013 83 Purchase of Equipments of Biochemistry Department for Medical College.

Commissioner’s letter No. F.33/Addl. Cm (Fin.)/NDMC/490/C&C dated 13.02.2013 84 Purchase of Equipments of Anatomy Department for Medical College.

Commissioner’s letter No. F.33/Addl. Com/Fin./NDMC/491/C&C dated 13.02.2013 85 Procurement of 1500 Hand-operated sewing Machine for SC/ST. Commissioner’ letter No. F.33/CSD/NDMC/488/C&C dated 13.2.2013 86 North Delhi Municipal Corporation Employees Group Insurance Scheme “SAHAYOG”

Commissioner’s letter No. F.33/Addl. Cm (Fin.)/NDMC/493/C&C dated 13.02.2013

PART-B

116 Regarding purchase of 26600 Dual Desks (11700 Small Size & 14900 Big Size) for use by the children studying in Municipal Schools falling under jurisdiction of North DMC during the year 2012-2013.

Commissioner’s letter No. F.33/Edn./NDMC/395/C&C dated 1.1.2013. 117 Re-construction of M.C.Pry.School at Raj Park at Sultanpuri, Ward No. C-40, Rohini

Zone. Commissioner’s letter No. F.33/Engg./NDMC/404/C&C dated 4.1.2013. 118 Procurement of HP Laptops for the Councillors of North DMC. Commissioner’s letter No. F.33/CD(IT)/NDMC/407/C&C dated 4.1.2013.

PLACED ON TABLE

119 Construction of boundary wall around the Mpl. Land at Janta Vihar by providing B/W from in Mukandpur in C-6/CLZ.

Commissioner’s letter No. F.33/Engg./NDMC/466/C&C dated 4.2.2013. 120 Provision of 500 KVA rating DG set its AMF Panel and required accessories in Kasturba Hospital for newly constructed OPD Block, under City Zone. Commissioner’s letter No. F.33/Engg./NDMC/478/C&C dated 8.2.2013.

-3- PART-C

POSTPONED CASE

2. Incorporation of Plot No. 19-B, Block-UA in the layout plan of Northern City Extn., Scheme No.1, Kamla Nagar, Jawahar Nagar. Commissioner’s letter No.F.33/CTP/NDMC/204/C&C dated 1.10.2012

NEW CASE

4 Incorporation of Sub-division of Plot No. 2027-B/156, Ganesh Pura-a, Tri Nagar, New Delhi in the regularization plan of Tri Nagar Group of Colonies.

Commissioner’s letter No. F.33/CTP/NDMC/436/C&C dated 22.1.2013.

NORTH DELHI MUNICIPAL CORPORATION

No. F.33/Addl.C.(Finance)/491/C&C Dated: 13.2.2013 From,

The Commissioner, North Delhi Municipal Corporation, J.L.N Marg, Civic Center, Delhi

To, The Municipal Secretary, North Delhi Municipal Corporation, J.L.N. Marg, Civic Center, Delhi

Sub:- Purchase of Equipments of Anatomy Department for Medical College

. Hindu Rao Hospital is a Multi Speciality hospital run by North Delhi Municipal

Corporation having 980 beds. North Delhi Municipal Corporation has approved to establish a Medical College at Hindu Rao hospital. The Anatomy Department is main department to run a Medical College. The Coordinator, Medical College has submitted the demand for the same. The detail of the equipment/items required for the Anatomy department is as under.

S.N Particular Name of the item/equipment Qty. Amount (In Rs)

1 Anatomy TABLE WITH MARBLE FOR STAINLESS STEEL TOPS 6 "1:X2"X3 10 250000

2 TABLE WITH MARBLE FOR STAINLESS STEEL HALF STANDARD SIZE 2 36000

3 DRILL MACHINE 2 108000 4 HAND SAW 2 14000 5 BAND SAW FOR SECTIONING

BODY AND LIMBS 1 5000 6 STOOLS, PREFERABLY METAL 100 250000 7 BRAIN KNIFE 3 2250 8 MORTUARY COOLER WITH

ARRANGEMENT TO KEEPAT LEAST 8 BODIES OR SUITABLE ALTERNATIVE ARRANGEMENT 3 750000

9 STORAGE TANK TO HOLD 10 CADAVERS, MADE OF CONCRETE WITH COOPER LID 4 220000

10 PLASTIC TANKS FOR SOTING SOFT AND DISSECTED PARTS 10 10000

11 TROLLY TABLE (STEEL, LIGHT) 3 18000

12 PROJECTORS INCLUDING OVERHEAD PROJECTORS 6 330000

13 X-RAY VIEWING LOBBY 2 1400000 14 CHARTS, DIAGRAMS,

MODLES, SLIDES ETC, EMBRYOLOGY & GROSS 5 250000

15 DISSECTING INSTRUMENTS 11 550000 16 MEAT CUTTINF MACHINE FOR

TIN BODY SECTIONS (TRANS AND VERTICAL) FOR GROSS ANATOMY SECTION STUDY 1 75000

17 Museum ARTICULATED SKELETONS 10 250000 18 ONE DIS- ARTICULATED

SKELETONS SETS 10 50000 19 SPECIMEN JARS 100 150000 20 RACKS STEEL/ WOOD

COMPUTER FOR KEEPING STUDENT RECORDS, MARKS, STORES ETC. 1 15000

21 EMBALMING MACHINES FOR CADAVERS 2 400000

22 Histology MICROSCOPES, MONOCULAR 50 750000 23 DISSECTION MICROSCOPE 5 335000 24 MICROTOMES, ROTARY 2 110000 25 MICROTOMES, SLEDGE,

LARGE CUTTING 1 5000 26 CABINET FOR SLIDES(1000) 6 30000 27 INCUBATORS 1 35000 28 PARAFFIN EMBEDDING BATH 1 5000 29 HOT PLATES FOR

FLATTENING SECTIONS 2 5400 30 HOT AIR COVER FRO DRYING

SLIDES (450 C) 1 3000 31 BALANCE ANALYTICAL

CAPACITY 200 GRMS AND SENSITIVITY 1/10MG 1 5000

32 BALANCE EARANGER CAPACITY 6 KILOS SENSITIVITY, 1/5 GRAM 2 14000

33 DOMESTIC REFRIGERATOR 2 30000 34 DISTILLED WATER STILL 2 300000

MENESTY TYPE CAPACITY GALLON PER HOUR

35 DIAMOND PENCILS 4 6000 36 7 COLOUR MARKING PENCILS 2 1000 Total 67,67,650/- (Rs. Sixty Seven Lac Sixty Seven Thousand Six hundred and Fifty only)

Finance has concurred the proposal. Budget exits under the H/A-XL-IV-A-a-III. In view of the above, the proposal may be placed before the Corporation through

Standing Committee for administrative approval and expenditure sanction of Rs.67,67,650/- (Rs. Sixty Seven Lac Sixty Seven Thousand Six Hundred and Fifty Only) for purchase of above mentioned equipment/instruments/items pertaining to the Anatomy Department for establishing the Medical College at Hindu Rao Hospital adopting normal purchase procedure i.e calling tenders.

(Mayank Sharma)

Chairman Medical College Project For Commissioner




To, Municipal Secretary, North Delhi Municipal Corporation, J.L.N. Marg, Civic Center, Delhi

Sub:- Purchase of Equipments of Biochemistry Department for Medical College.

Hindu Rao Hospital is a Multi Speciality hospital run by North Delhi Municipal

Corporation having 980 beds. North Delhi Municipal Corporation has approved for establishing a Medical College at Hindu Rao hospital. The Biochemistry Department is main department to run a Medical College. The Coordinator, Medical College has submitted the demand for the same. The detail of the equipment/items required for the Biochemistry department is as under. S.N Name of the item/equipment Qty. Amount (In Rs) 1 Fume cupboard 2 200000 2 Autoclave elrtical / Double drum vertical

300x500mm All SS. With pressure gauze,safety valve,water level Indicator,Max.15 PSI. With SS

Perforated Basket.

2 50000

3 Balance Semi Micro 1 45000 4 Balance Micro 1 60000 5 Vortex Mixer/Shaker Compact rugged

construction, heavy metal base and rubber feet prevents movement of the shaker during use. Choice of continues & touch model. Variable speed control . Max. speed 3000 RPM. Include one hand insert, micro tube insert and cup attachment

2 40000

6 Urinometer -Glass. 25 62500 7 Water Bath Precision (Constant Temp. Control) 2 100000 8 Ryles Tube 9 Incubator electric with thermostat 2 100000 10 Hot Air Oven Temperature upto 250 degree C

Accuracy +/- 1 degree C, Double walled, SS Inner chamber, three elements on three side. Size 450x450x450 (18”x18”x18”) No. of

Shelves 2, Capacity – 95ltrs.With air circulation fan..- Thermostatic Temp. Control.

2 160000

11 Refrigerators 5 500000

12 Digital Clinical Flame Photometer dual channel single aspiration (Na,K& Ca filters)Final result in

meq/L 2 ½ digit dual LED Display for simultaneous result along with compressor and

accessories.

1 40000

13 Thermometer 0-25 degree C. 2 600 14 Thermometer 0-110 degree C. - Non Mercurial 2 600 15 Cork Borer set (set of 12) – Brass 1 1000 16 Spirit Lamp Glass. 50 75000 17 Desicator 8" (Large) 4 24000 18 Desicator 6" (small) 4 16000 19 Centrifuge Clinical for 12 tubes of 15 ml..

Acrylic transparent safety lid with lock, adjustable speed 5000 rpm

Timer 0-60 minutes

4 480000

20 PH meter - Digital,with auto Temp.Two point calibration system. Compensation,Combination

PH scale 0-14, supply 220v+/- 10% 2 40000

21 Digital Spectrophotometer range 200-1100 nm with facility for automatic concentration, %

Transmission and absorbency measurements. 3 ½ digit data display, separate 3 digit LED Display for wavelength in nm with 1 nm

wavelength resolution. Equipped with a set of 10 test tubes.

1 300000

22 Magnetic Stirrer with thermostat 1 ltr. Capacity with heating. 2 32000

23 All Glass Distillation apparatus with low water cutoff and audio alarm -double stage - 5 liter

Flasks 2 120000

24 Bottle Top Dispenser (Autoclavable) vol 1.0-10 ml. 10 800000

25 Paper Chromatographic Chamber. 3 18000 26 Tissue homogenizer Sample volume 0.5-50 ml,

Motor 220 volt wirh 50w 2 60000

27 Power supply for electrophories of paer/gel. 2 40000 28 Stop Watch Digital Pocket Model OR

Stop Watch Metal Body,fly back Action,Dial type, Table Model .

2 4000

29 Micropipttes 10 600000 30 Vacuum pump FHP Monoblock with oil. 1 20000 31 Binocular Medical Microscope with coaxial coarse

and fine motion with inbuilt light source with intensity regulator. Coaxial mechanical stage

and having coated objectives, four nose pieces 5,10,40,100x oil immersion, 10x paired eye

pieces.

8 160000

32 Digital Photo Colorimeter 8 Filters mains operated with optical density in 2½ Digit LED

Display, 1ml solution measurement. 6 39600

33 Occular Microscopes 2 34 Bunsen Burner with stopcock. 400 35 Centrifuge Table top with Digital speedometer

Digital timer 0-59 Min. Stepless variable speed regulator and one swing out 8x15 ML Rotor Head Max. speed 5200 RPM without load.

4 81400

36 Vertical Electrophoresis System – Mini It is required in biotechnology, Molcular Biology

application in colleges, Universities, Research Institutes. It is meant for protein

Characterization.The unit is jointless, moulded of transparent Polycarbonate to avoid leakage. The unit is based on Acrlic sheet fitted with 3 leveling screws.Complete with Acrylic Cover.

1 28380

37 Vertical Electrophoresis System – Mini It is meant for protein Characterization. The unit is

jointless, moulded of transparent Polycarbonate to avoid leakage. The unit is based on Acrlic sheet fitted with 3 leveling screws. Complete

with Acrylic Cover.

2 56,760

Specifications:- * Dimensions Outer 15x18x15 cm. (LXWXH) * Gel Size (cm) 8x7 (1 Gel) * Buffer Required (ml) 100+150 * Platinum Electrodes 2 Nos. Supply complete with standard accessories

like:-

* Wires * Glass plate -1 and 1 notched rectangular Total

2 Nos.

* One set spacers of 1.0mm, 1.5mm – 4 pcs. each.

* 4 Sets of Nylon moulded combs of 7 wells & 10 wells in 0.1mm and 1.5mm thickness.

* Silicon Gasket – 1 Nos. With Electrophoresis Power Supply, Digital. Variable 0-300V, 0-200mA, with digital timer,

Constant Current,Constant Voltage, Digital display of voltage and mA. It is recommended

for both mini Horizontal and Vertical Electrophoresis Apparatus.

38 Beaker low form graduated accuracy of graduation +/-5%. Capacity 1000ml, – Glass. 20 6600

39 Test Tube graduated with interchangeable 0

stopper. Size 125x15mm, Capacity 10 ml, Sub. Div. 0.1ml, Stopper Size B 12. - Glass

40 Test tube brush. 60 900 41 Test Tube Stand Round four 25mm dia holes

and eight 19mm dia holes in its top plate. – Plastic.

50 7000

42 Test tube holder. (chrome pleated ) 50 1000 43 Wash Bottle capacity 250 ml – borosil, Joint size

24x29 50 15000

44 Dropping Bottle Borosil Glass fitted with ground in interchangeable stopper and rubber teat.

Capacity 250ml. - borosil 10 4400

45 Amber color reagent bottle Capacity 250ml .- Borosil, N.M. With interchangeable stopper. 30 15000

46 Reagent Bottle narrow mouth, Capacity – 1000ml.- Borosil 50 36000

47 Reagent Bottle narrow mouth, Capacity – 250ml..- Borosil 50 15500

48 Flask Conical Capacity of flask 100 ml. - Borosil, Socket B 14 50 7500

49 Flask Conical Capacity of flask 250 ml. - Borosil,Socket B 19 50 10500

50 Funnel Long stem 3 inch (75mm ) - Plastic 10 150 51 Funnel Long stem 6 inch (150 mm ) - Plastic 10 600 52 Measuring Cylinder 10ml, Least count 0.2 ml -

Plastic. 30 600

53 Measuring Cylinder 25ml, Least count 0.5ml -Plastic 30 600

54 Measuring Cylinder 50ml, Least count 1ml –Plastic 30 900

55 Measuring Cylinder 100ml, Least count 1ml - Plastic 30 1050

56 Measuring Cylinder 500ml, Least count 5ml – Plastic 30 3300

57 Measuring Cylinder 1000ml, Least count 10ml - Plastic 30 6600

58 Funnel Filtering 60 degree angle with steam 50 diameter -Glass. 10 600

59 Measuring cylinder Capacity 10ml- Borosil 30 3000 60 Measuring cylinder Capacity 500ml. - Borosil 30 19800 61 Measuring cylinder Capacity 100ml - Borosil 30 6600 62 Measuring cylinder Capacity 250ml - Borosil 30 11700

63 Measuring cylinder Capacity 50ml - Borosil 30 5400 64 Feeding Bottle 250 ml. - with ss to be having

ball arrangement. 10 1800

65 Feeding Bottle 125ml. - with ss to be having ball arrangement. 10 1500

66 Beaker low form graduated accuracy of graduation +/-5%. Capacity 500ml, – Borosil 15 2400

67 Wire Gauze. 50 1750 Total 45,42,990/- (Rs. Forty Five Lac Forty Two Thousand Nine hundred and Ninety only)

Finance has concurred the proposal. Budget exits under the H/A-XL-IV-A-a-III.

In view of the above, the proposal may be placed before the Corporation through Standing Committee for administrative approval and expenditure sanction of Rs.45,42,990/- (Rs. Forty Five Lac Forty Two Thousand Nine Hundred and Ninety Only) for purchase of above mentioned equipment/instruments/items pertaining to the Biochemistry Department for establishing the Medical College at Hindu Rao Hospital adopting normal purchase procedure i.e calling tenders.

(Mayank Sharma)

Chairman Medical College Project For Commissioner




To, The Municipal Secretary, North Delhi Municipal Corporation, J.L.N. Marg, Civic Center, Delhi

Sub:- Purchase of Equipments of Forensic Medicine Department for Medical College.

Hindu Rao Hospital is a Multi Speciality hospital run by North Delhi Municipal

Corporation having 980 beds. North Delhi Municipal Corporation has approved to establish a Medical College at Hindu Rao hospital. The Forensic Medicine Department is main department to run a Medical College. The Coordinator, Medical College has submitted the demand for the same. The detail of the equipment/items required for the Forensic Medicine department is as under. S.No. Name of Equipment Qty Total Cost

1 Equipment for reporting height 2 4000/- 2 Balance chemical 1 7000/- 3 Balance, single pair for weighing foetus 1 4000/-

4 Weighing machine for Weighing dead bodies,

1 50000/-

5 Weighing machine for organs (Digital) 2 60000/-

6 Folding metal scale to measure upto 7 ft. 1 2000/-

7 Steel tape roll 2 1000/- 8 Warnier calipers 1 5000/-

09 Styker autopsy saw, with accessories 2 1000000/-

10 Hacksaw 4 20000/- 11 Dissection sets, consisting of cartilage knife

bone cutting forceps scissors, straight and curved Enterotome Scaples, knives with spare blades, probe metal scale graduated in cms. Etc 4 60000/-

12 Viscerotome with attachement for illumination (Battery operated) 1 50000/-

13 SLR camera with accessories 1 60000/- 14 Microscope student type 15 300000/-

15 Microscope Binocular, research 2 120000/- 16 Stopwatch 2 4000/- 17 X‟ray view box one in four 3 15000/- 18 View Box Two in one 2 5000/- 19 B.P. Apparatus 3 6000/- 20 Anthropometric set 1 5000/-

21 Automatic tissue processing machine 1 100000/- 22 Microtome with knife 1 40000/- 23 Hot plates 1 3000/- 24 L.Modes 16 1280/- 25 Leather Strops 2 2000/- 26 Parafin Bath Embedding 1 3000/- 27 Slide Warming Table 1 3000/- 28 Stone Carbarandon 2 10000/- 29 Water bath (Tissue Flowing) 1 5000/- 30 Distilation plant 1 200000/- 31 Brain knife 8 24000/- 32 Black Holder 50 75000/- 33 Digital Spectrometer 1 35000/- 34 Digital PH meter 1 20000/- 35 Electric Auto slide projecter 1 55000/- 36 Glass cutting Pencil 1 1500/- 37 Hand Set heat Sealer 1 5000/- 38 Spectroscope Lens with adjustable slit 2 20000/- 39 Refrigerator 1 20000/-

40 Cold Storage for keeping dead bodies 1 1500000/-

41 Deep freezer for keeping tissues 1 50000/-

42 Video Camera, Television and Video Cassette Recorder

1 100000/-

43 Instrument Cabinet, instrument, trolly, filing cabinet with folders, filing cabinets for almirahs etc.

1 50000/-

Grand TotalRs.41,00,780/-

Finance has concurred the proposal. Budget exits under H/A-XL-IV-A-a-III.

In view of the above, the proposal may be placed before the Corporation through Standing Committee for administrative approval and expenditure sanction of Rs.41,00,780/- (Rs. Forty One Lac Seven Hundred and Eighty Only) for purchase of above mentioned equipment/instruments/items pertaining to the Forensic Medicine Department for establishing the Medical College at Hindu Rao Hospital adopting normal purchase procedure i.e calling tenders.

(Mayank Sharma) Chairman Medical College Project

For Commissioner

NORTH DELHI MUNICIPAL CORPORATION NO. F.33/CSD/NDMC/488/C&C DATED:- 13/2/2013 FROM

The Commissioner, North Delhi Municipal Corporation, 4th Floor, Dr. S.P. Mukharjee Civic Centre, New Delhi-110002

TO

The Municipal Secretary, North Delhi Municipal Corporation, Dr. S.P. Mukharjee Civic Centre, New Delhi-110002.

Sub:- Procurement of 1500 Hand-operated Sewing Machine for SC/ST.

North Delhi Municipal provides every possible basic amenities to the population of Delhi comes within its jurisdiction. In the current Financial Year an amount of Rs.49.40 Lacs has been allocated under B.E. 2012-13 under the Head of Account 12-1233 (Welfare fund for the Welfare of Scheduled Casts/Scheduled Tribes. Adhoc Committee for the Welfare of SC/ST vide its minutes 29.11.2012 has proposed to arrange the Sewing Machine from the amount allocated under this head of Account.

As per the criteria fixed by the deptt. keeping in view of the budget provision under this

Head of Account under B.E. 2012-13, the total requirement of the number of sewing machines has been work out as under:-

1. Reserved Wards 20X30 - 600 2. Unreserved Ward 84x10 - 840 3. Discretionary quota of Chairman, SC/ST - 40 4. Discretionary quota of Dy. Chairman, SC/ST - 20

Total - 1500 Machines

As the cost of 1500 hand operated Sewing Machines would be around Rs.39.75 lacs on the basis of current price, the due tendering process for the selection of company/vendor/authorized dealer has to be followed.

For the procurement of sewing machines tender have to be invited by advertising in three leading News Papers. In addition to above the advertisement shall also be posted on the MCD’s Website. The bids will be invited through online as well as manual sale and submission. The tenders would be invited under two bid system i.e. technical bid and financial bid. For evaluation of these bids a Committee consisting of following officers is also proposed :

1. Director (CSD) Chairperson 2. Dy. Chief Accountant /AO(HQ) Finance Member 3. E.E. (Auto) Technical Member 4. Asstt. Director (CLZ)/CSD Member 5. Asstt. Director (HQ) Member /Secy.

It is pertinent to mention here that the proposal alongwith the terms & conditions

anf format of tender documents was put up before the Finance and the finance has observed as under:

“The proposal of the deptt. for purchase of sewing machine is allowed to place before

the competent authority”. 1. Draft of Technical Bid is enclosed herewith as Annexure-B. 2. Draft of Price Bid is enclosed herewith as Annexure –C. 3. Draft of Terms & conditions for rate and acency for supply of Sewing Machine is

enclosed herewith as Annexure –D. 4. Draft of Agreement is enclosed herewith as Annexure-A

Therefore, the proposal may be placed before the Standing Committee for administrative

approval and expenditure sanction for procurement of 1500 Sewing Machine at an approximate cost of Rs.39.75 lacs under the Head of Account 12-1233.

The matter may be placed before the Standing Committee as an item of urgent business.

(PAWAN KUMAR SHARMA) ADDL. COMMISSIONER (ENGG.) North Delhi Municipal Corporation

For Commissioner, NDMC


From

The Commissioner,

North Delhi Municipal Corporation,

Civic Centre, New Delhi.

To

The Municipal Secretary.

North Delhi Mpl .Corporation,

Civic Centre, New Delhi.

SUB: - NORTH DELHI MUNICIPAL CORPORATION EMPLOYEES GROUP INSURANCE SCHEME “SAHAYOG”

Whereas the Group insurance Scheme was introduced by the erstwhile Municipal Corporation of Delhi for category D,C,B,A employees with monthly subscription of Rs.10/‐,15/‐20/‐ and 25/‐ with effect from 01‐01‐1982vide Decision/Resolution No.1596/GW/Corp. Dated,09‐11‐1981. The subscription was further enhanced, along with due revision of category wise risk cover w.e.f.01‐01‐2010 vide Corporation Resolution No.198, dated, 10.08.2009.

Existing rates of subscription

Sl.No. Category Amount1 A Rs.120/‐ 2 B Rs.60/‐ 3 C Rs.30/‐4 D Rs.15/‐ On the basis of the existing rate of subscription, Category wise approximate total subscription as follows:

No. of employees Deduction per month Total deduction per annum Cat.A‐600 approx. Rs.120/‐ Rs. 8,64,000 Cat.B‐6253 approx. Rs.60/‐ Rs.45,02,160 Cat.C‐5046 approx. Rs.30/‐ Rs.18,16,560 Cat.D‐25144 approx. Rs.15/‐ Rs.45,25,920 Total collection per annum Rs.1,17,08,640

Following are the details of policies purchased by the erstwhile MCD

Policy Number Category Premium per month Sum assured

332346‐EGI A Rs.120/‐ Rs.1,20,000/‐ 332345‐EGI B Rs.60/‐ Rs.60,000/‐ 332344‐EGI C Rs.30/‐ Rs.30,000/‐ 332343‐EGI D Rs.15/‐ Rs.15,000/‐

The above policies were purchased from the Life Insurance Corporation of India at a premium of Rs.1,10,00,000/‐only(Rs. One Crore ten lakhs only) per annum. The amount deducted from the salary of the employees is used for making payment of premium and contribution to saving portion. The above said policies purchased by the erstwhile corporation were valid up to 31.12.2012.

As per Group Insurance Scheme, 30% of the subscription goes in insurance fund and the balance 70% will goes in savings fund. However, LIC required the erstwhile MCD to purchase policies by spending more than 50% of the total subscription received from its employees. This has placed extra financial burden on the Corporation as it has to compulsorily manage the savings portion itself with remaining 50% contribution.

The Life Insurance Corporation of India has raised the rate of premium further to approximately 55% of employees’ subscription for its policies w.e.f.01.01.2013. This is against the Group Insurance Scheme of Govt. Of India, which reserves only 30% for Insurance Fund. Analysis of the same is as under:

Category No.of.employees Sum assured Total sum assured

Premium rate per thousand

Annual premium

Cat‐A 600 Rs.1,20,000 7,20,00,000 6.5 4,68,000 Cat‐B 6253 Rs. 60,000 37,51,80,000 6.5 24,38,670 Cat‐C 5046 Rs. 30,000 15,13,80,000 6.5 9,83,970Cat‐D 25144 Rs. 15,000 37,71,60,000 6.5 24,51,540 Total 63,42,180 Since the Corporation is following the Central Government Group Insurance Scheme, it will have to make payment of this high premium to the LIC if it continues with the Insurance Company.

As per existing rules, 70% of the total deduction made on account of GIS from the salary should be deposited in the Savings Account and returned to the incumbent/nominee along with interest at the time of cessation of membership from the scheme. However, as per the new stipulation from LIC w.e.f.01‐01‐2013, the amount to be paid as insurance premium will be 55%. Thus only 45% contribution from the employee will be available for savings account. Thus if the new scheme of LIC is introduced , then Corporation will have to pay from the budget remaining 25% (70%‐45%)of the contribution for each employee in the savings account. This will create an additional Financial Burden of approximately, Rs.30 lakhs per annum on the Corporation without any additional benefit to the employees. Thus total expenditure on this account comes to the tune of 125% of the subscription and this extra 25% is supposed to be paid from the General Account of the Corporation.

Disadvantages of the existing scheme

1. An excess amount of Rs.23.67 lakhs approximately is to be spent for purchasing LIC policies at new rates effective w.e.f. 01‐01‐2013.

2. Insurance claims are cleared by the LIC after 3‐4 months from the date of submission of claims which cause undue harassment to the family of the deceased.

3. All the death claims should be raised within 3 years failing which claims will not be accepted by the LIC. In case of claims through succession certificate from the court of law, it may take more than 3 years time. This may create problems for family of deceased employee.

4. LIC is increasing premium on year wise basis which is against the CGEIS rules. The Corporation is losing money from its budget due to mortality rate and higher premium

PROPOSED SCHEME –SAHAYOG

A new scheme named “SAHAYOG’ will be introduced for the North Delhi Municipal Corporation Employees in lieu of the existing Employees Group Insurance Scheme. It will retain all important features of the existing scheme relating to financial benefits. This scheme will be fully managed and administered by the North Delhi Municipal Corporation.

OBJECTIVE

The new scheme named “ SAHAYOG’ is intended to provide the employees of the North Delhi Municipal Corporation at a low cost and on a wholly contributory and self financing basis, the twin benefits of an insurance cover to help their families in the event of death in service and a lump‐sum payment of saving amount at the time of superannuation

APPLICATION

The scheme shall apply to all regular employees except contract employees, persons on deputation from Central Government, State Governments, Public Sector undertakings, or other autonomous organizations, casual labours, part time employees and persons recruited under the North Delhi Municipal Corporation after attaining the age of 50 years. Such Municipal Employees to whom the Scheme applies will hereafter be referred to as ‘Employees’. The date of commencement of the proposed scheme will be with effect from 01‐01‐2013 and also in continuation of the existing scheme. Claims prior to this date will be cleared by the LIC since premium has already been paid.

ADMINISTRATION OF THE SCHEME

The Scheme shall be administered by the Commissioner, North Delhi Municipal Corporation.

SUBSCRIPTION FROM MEMBERS

The rate of subscription for the scheme shall be Rs.15/‐,30/‐60/‐ and Rs.120/‐for Group D, C, B and A employees respectively as per the existing rates of CGEIS. The subscription will be revised as and when the rates are revised by the CGEIS.

In the event of regular promotion of an employee from one group to another, his/her subscription will be raised, from the next anniversary of the scheme to the level appropriate to the group to which he/she is promoted. Until, the date of next anniversary of the scheme, he/she will continue to be covered for insurance for the same amount for which he/she was eligible before such promotion.

If any employee dies during a month before the recovery of subscription for that month from him/her, the same shall be deducted from the final settlement amount.

TRANSFER OF EMPLOYEES

In the case of employees transferred from South or East Delhi Municipal Corporation, their GIS subscription along with interest will have to be transferred to North Delhi Municipal Corporation to become a member of ‘SAHAYOG’. In case the employee chooses to continue with the earlier Corporation, then his/her claims will not be entertained by North Delhi Municipal Corporation. In case an employee joins North Delhi Municipal Corporation on absorption from some other government agency/organization, his/her CGEIS contribution along with interest will have to be transferred by his/her parent organization to North Delhi Municipal Corporation. The employee will have to join membership of ‘SAHAYOG’ to become entitled for its benefits.

INSURANCE FUND AND INSURANCE COVER FOR MEMBERS

In order to provide an insurance cover to each member of the scheme, 30% of the subscription shall be credited to an insurance fund account opened for the purpose. The amount of insurance cover will Rs.15, 000/‐ for the subscribers of Rs.15/‐,Rs.30,000/‐ for the subscribers of Rs.30/‐Rs.60,000/‐ for the subscribers of Rs.60/‐ and Rs.1, 20,000/‐ for the subscribers of Rs.120/‐. This is same as the existing CGEIS. The insurance cover will be revised at the same rates as an when it is revised by the CGEIS.

SAVINGS FUND

The balance of the subscription (i.e 70%) shall be credited in a saving fund to be kept in Nationalised Banks/FDRs. Savings Fund will be operated by the Commissioner or his nominee/nominees. The total accumulations of savings together with interest thereon will be payable to the member on his retirement after attaining the age of superannuation or on cessation of his employment with the Municipal Corporation or to his family on his death while in service. The amount of interest will be the prevailing rate of interest on the GENERAL PROVIDENT FUND during each year of subscription.

In the case of death of a member the payment of the amount of insurance cover will be in addition to the payment from the Savings Funds.

RECOVERY OF SUBSCRIPTION

The subscription of a member for a month shall fall due at the commencement of the normal working hours on the first of that month.

The subscription as a premium for the insurance cover from the date of joining Municipal Service to the date of membership of the scheme shall initially fall due from the date of joining and subsequently from the commencement of normal working hours on the first of every month.

The subscription for every month shall be recovered by deduction from the salary/wage of the employee for that month irrespective of the date of actual payment of salary/wage for that month.

The subscription shall be recovered every month including the month in which the employee ceases to be in employment on account of retirement, death, resignation, removal, etc., from service.

The DDO shall recover the subscription from the employee irrespective of his being on duty, leave or suspension.

No interest shall be levied on arrears of subscription if the non‐recovery is due to delayed payment of salary/wage.

If an Employee is on extraordinary leave and there is no payment of his salary/wage for any period, his subscriptions for the months for which no payments of salary/wage are made to him shall be recovered with interest admissible under the scheme on the accretions to the savings fund in not more than three instalments commencing from his salary/wage for the months following the month in which he resumes duties after leave. If an employee dies while on extraordinary leave the subscription due from him shall be recovered with interest admissible under the scheme on the accretions to the savings fund from the payments admissible to his family under the scheme.

If an employee proceeds on deputation or on Foreign Service, the borrowing authority/foreign employer shall be requested to effect the recovery of the subscription and credit the same to the relevant heads of account. It shall be ensured that the necessary clause to this effect is included in the terms of deputation/Foreign Service in future. The recovery of this amount will be watched in the same manner as applicable to leave salary and pension contribution. If at any time the recovery of subscription falls in arrears, the same shall be recovered with interest admissible under the scheme on the accretions to the savings fund in not more than three instalments.

FINANCING OF SUBSCRIPTION FROM GENERAL/CONTRIBUTORY PROVIDENT FUND

It will not be permissible to finance the scheme from the General/Contributory Provident Fund.

The subscription to the scheme will form part of deductions allowable in respect of life insurance premium, contributions to provident fund etc., in computing the total income of the subscriber for the purpose of income‐tax, subject to clarifications from the Government of India, Ministry of Finance.

WITHDRAWALS FROM SAVINGS FUND

It will not be permissible for any member of the scheme to withdraw any amount of the savings fund to which he/she has been subscribing.

LOANS OR ADVANCES FROM OR AGAINST ACCUMULATIONS IN SAVINGS FUND.

No loans or advances shall be paid to any member or other beneficiary of the scheme from or against his/her accumulation in the savings fund to which he/she has been subscribing.

UTILISATION OF ACCUMULATIONS IN SAVINGS FUND

The bulk of the accumulations will be utilized in a manner most beneficial to the North Delhi Municipal Corporation.

NOMINATIONS

The Head of office shall obtain from every Municipal Employee who is a member of the scheme, a nomination conferring on one or more persons, the right to receive the amount that may become payable under this scheme in the event of his/her death before attaining the date of superannuation. In the case of employees who join municipal service after the date on which the scheme is approved, such nomination shall be obtained along with the joining report.

If a member of the scheme has a family at the time of his/her making the nomination, he/she shall make such nomination only in favour of member or members of his family. For this purpose, family will have the same meaning as assigned to it in the General Provident Fund (Central Services) Rules, 1960.

If a member nominates more than one person, he should specify in the nomination the amount of share payable to each of the nominees in such manner as to cover the whole of the amount payable under the scheme failing which the amount payable under the scheme shall be equally distributed among the nominees.

The nomination shall be made in Form No.4 or Form No.5 as the case may be.

A member of the scheme may at any time cancel a nomination by sending a notice to the head of office along with a fresh nomination made in accordance with the above provision.

The nomination received from the members shall be counter signed by the head of the office and pasted on their service books. The head of office shall also make an entry in the service book that the nomination has been duly received.

ACCOUNTING

The transactions relating to the scheme shall be accounted for in accordance with the procedure to be laid down separately.

INTERPRETATION AND CLARIFICATION

If any category(s) of employees are not specifically classified into Group A,B,C or Group D, their classification shall be assumed in accordance with the principles laid down by the Corporation.

All clarifications, amendments made/issued by the Government of India in respect of Central Government Employees Group Insurance Scheme, 1980 shall also apply mutatis‐mutandis in so far as these are relevant to ‘SAHAYOG’

PAYMENT

1. If an employee retires on attaining the age of superannuation or otherwise ceases to be in Municipal Service and his/her service book discloses that he has been a member of ‘SAHAYOG’, the Zonal Head/Head of the Department shall issue a sanction for the payment of the member’s accumulation in his savings fund after obtaining a simple application in Form No.I

2. If an employee dies while in service and his/her service book discloses that he/she was a member of the scheme, Zonal Head/Head of the Department shall address the

nominees/heirs of the Municipal Employee concerned, in Form No.2 to submit an application in Form No.3 to the Head of Office.

In case of death of a member while in service his/her nominee(s) will receive both the amount of insurance and the balance in the saving fund and in retirement cases, the amount at credit in the Savings Fund along with interest will be given.

DISPUTES

All the disputes will be settled in the jurisdiction of Delhi.

FUND MANAGEMENT

The Fund will be managed by the North Delhi Municipal Corporation. Subscription received from the employees against GIS up to 31.12.2012 will be trifurcated among the three Corporations on the basis of number of employees/or formula approved by the Competent Authority/Corporations.

In the proposed scheme, the deductions made from the salary of the employees on account of SAHAYOG(Previously known as Group Insurance Scheme) will be deposited in two separate accounts in the ratio of 30 and 70. In case of death, amount as per entitlement (Rs.1, 20,000 for Cat. A, Rs.60,000 for Cat-B.Rs.30,000 for Cat-C and Rs.15,000 for Cat-D) will be cleared from 30% portion along with the saving portion. In the case of superannuation, GIS claim will be cleared from 70% savings portion fund along with interest.

A chart showing the expected mortality rate and savings is given below:

Category No.of.employees Insurance cover

Total disbursement

LIC’s demand

SAVINGS

Cat-A 1 Rs.1,20,000 1,20,000 4,68,000 3,48,000 Cat-B 2 Rs. 60,000 1,20,000 24,38,670 23,18,670 Cat-C 2 Rs. 30,000 30,000 9,83,970 9,23,970 Cat-D 245 Rs. 15,000 36,75,000 24,51,540 -12,23,460 Total 250 39,75,000 63,42,180 23,67,180

ADVANTAGES OF THE PROPOSED SCHEME

Mortality rate of the Unified Corporation reported and payments made for the years 2008, 2009, 2010 and 2011 is as under:

2008 2009 2010 2011 638 cases 670 cases 523 cases 364 cases

The North Delhi Municipal Corporation consists of only 6 zones. Considering even 250 death cases per year in the North Delhi Municipal Corporation, total expenditure on account of insurance cover comes to the tune of about Rs.40 lakhs only which is much lower than the premium demanded by the Life insurance Corporation of India. Considering a high mortality rate of 250 per year also, the North Delhi Municipal Corporation will save Rs.23.67 lakhs per year on payment of insurance plus interest.

2.North Delhi Municipal Corporation will save at least Rs.23.5 lakhs for the current financial year which may vary on the basis of mortality rate.

3.Easy and fast processing of claims. Payment of claims can be released within one or two days from the date of receipt of documents.

4.Savings on account of year wise increasing premium will be available in the Fund for better financial management.

5.There is no limit for accepting the claims even after three years or so on as the claims are to be settled by the Corporation

6.Earning of interest by depositing the saving portion in FDRs.

In view of the above and in the interest of the municipal employees, the proposal is placed before the Standing Committee for approval.

For COMMISSIONER


FORM NO.I

TO

THE___________________________________

________________________________________

(Designation and address of the Head of office)

Sub:- Application for payment of accumulation under “SAHAYOG” Scheme

Sir,

I have been a member of the SAHAYOG Scheme(previously known as MCD Employees Group Insurance Scheme) since ____________________ (Month& the yearof becoming a member of the scheme may be indicated here.) I have retired/due for retirement on ___________________ from service after attaining the age of ______ years. I was holding the post of __________________________ before retirement/cessation of employment with the North Delhi Municipal Corporation. I request that the amount due to me under the scheme may be paid to me.

Yours faithfully,

Signature__________________________

Name______________________________

Address____________________________

____________________________

Phone(Mobile)_________________

FORM NO-2


No._____________________ Dated,______________________

To

The____________________________________

________________________________________

________________________________________

(Name &Address of the Nominee)

Sub:- Payment of the amount due under SAHAYOG( previously known as MCD Employees Group Insurance Scheme)

Dear Sir/Madam,

I am directed to state that the late Sh/Smt._______________________ has nominated you for payments of full/________ %age of amount due under the above scheme. You are therefore, requested to submit an application in the enclosed Form No.3 for arranging payment.

Yours faithfully,

( )

FORM-3

To,

The_____________________________________

Sub: Application for payment of amount due to late Sh/smt._____________________ under SAHAYOG scheme(Previously known as MCD Group Insurance Scheme)

Sir,

With reference to your letter No.______________ dated,____________________ I hereby request that the full/_________________%age of amount due to late Sh/Smt. Under the Scheme may be paid to me.

Yours faithfully,

( )

FORM NO.4

Nomination for benefits under “SAHAYOG’(previously known as GIS)

When the Municipal Employee has no family and wished to nominate one person or more than one person

I, having no family, hereby nominate the person/persons mentioned below and confer on him/them the right to receive to the extent specified below any amount that be sanctioned by the North Delhi Municipal Corporation under “SAHAYOG’(previously GIS) in the event of my death while in service or which having become payable on my attaining the age of superannuation may remain up-paid at my death.

Name and address of nominee(s)

Relation with Municipal Employee

Age Share of amount to be paid to each*

Contingencies**on the happening of which the nomination shall be come invalid

Name&Addres,relationship of the person, if any, to whom the right of the nominee shall pass in the event of his predeceasing the Mpl.Employee

1. 2. 3.

Dated, this ______________ day of ___________ 20__ at ____________

Two witnesses to sign”

1.

2.

Signature of Municipal Employee

NB: The Municipal employee should draw line across the blanks space below his last entry to prevent the insertion of any names after he has signed.

*This column should be filled in so as to cover the whole amount that may be payable under the Insurance Scheme

**Where a Municipal employee who has no family makes a nomination, he shall specify in this column that the nomination shall become invalid in the event of his subsequently acquiring a family.

FORM 5

NOMINATIONS FOR BENEFITS UNDER “SAHAYOG’(previously GIS)

When the Municipal Employees has a family and wished to nominate one member or more than one member thereof.

I, hereby nominate the person(s) mentioned below, who is/are member(s) of my family, and confer on him/them the right to receive to the extent specified below any amount that may be sanctioned by the North Delhi Municipal Corporation under “ SAHAYOG”

(previously GIS) in the event of my death while in service or which having become payable on my attaining the age of superannuation may remain up-paid at my death.

Name and address of nominee(s)

Relation with Municipal Employee

Age Share of amount to be paid to each*

Contingencies**on the happening of which the nomination shall be come invalid

Name&Addres,relationship of the person, if any, to whom the right of the nominee shall pass in the event of his predeceasing the Mpl.Employee

1. 2. 3.

Dated, this ______________ day of ___________ 20__ at ____________

Two witnesses to sign”

1.

2.

Signature of Municipal Employee

NB: The Municipal employee should draw line across the blanks space below his last entry to prevent the insertion of any names after he has signed.

*This column should be filled in so as to cover the whole amount that may be payable under the Insurance Scheme

**Where a Municipal employee who has no family makes a nomination, he shall specify in this column that the nomination shall become invalid in the event of his subsequently acquiring a family.

NORTH DELHI MUNICIPAL CORPORATION ENGINEERING DEPARTMENT

No.F.33/Engg./NDMC/466/C&C Dated :4.2.2013 From The Commissioner, Municipal Corporation of Delhi 4th Floor Civic Centre,

Minto Road, Delhi

To, The Secretary, Municipal Corporation of Delhi Civic Centre, Minto Road, Delhi. Subject : Construction of Boundary wall around the Mpl. Land at Janta Vihar by providing

B/W from in Mukandpur in C-6/CLZ A detailed estimate amounting to Rs. 97,49,700/- was technically sanctioned by the competent

authority. Draft NIT amounting to Rs. 62,31,778/- was also approved by the competent authority and

tenders were called vide NIT No. 12/1 dated 01.08.2012 due on 22.8.2012.

The tenders were loaded on MCD website known as http/mcdetenders.com and tender no.164112

was allotted by the computer. Due publicity was given in the leading newspapers in various languages for

which details are as given below.

S.No. Name of Newspapers Language Date 1 The Pioneer English 6.8.2012 2 Amar Ujala Hindi 6.8.2012 3 Bandemataram Hindi 6.8.2012 4 Roznama Rashtriya Sahara Urdu 6.8.2012 The comparative statement is as under :- S.No. Name of Agency Quoted Rate Remarks 1 Pradeep Kumar 69.88 % above G-8 No.022411 dated

23.8.12 Rs.1,24,650/- 2 Shiv Shankar Gupta 74.01% Above 3 Mange Ram Gupta 78.88% Above

The justification of rates was worked out and comes to @. 83.56% above excluding provision of

testing charges against the lowest quoted rates of the contractor M/s Pradeep Kumar @ 69.88% above

which are reasonable and justified, therefore recommended for acceptance. The rates are valid upto

21.04.2013.

M/s Pradeep Kumar is a registered contractor in Class-I with MCD and is eligible to tender for

this work. His financial as well as technical capability is satisfactory. The firm has neither been black

listed nor debarred till date.

The contractual cost of the work comes to Rs. 1,05,86,525/--. The work is to be charged to head of

A/c 90/1242. The rates are valid upto 21.04.2013.

Finance has seen & concurred in the proposal.

The case be put up before the Standing Committee as required under DMC Act 1957 (amended to

date) for approval of rate & agency in favour of M/s Pradeep Kumar @ 69.88% above against the

departmental justification @ 83.56% above under Head of A/c 90/1242 for the contractual cost of Rs.

1,05,86,525/-. and to authorize the Commissioner to enter into contract with the lowest tenderer as per

condition of NIT.

Addl. Commissioner (Engg.)

For Commissioner, NDMC

NORTH DELHI MUNICIPAL CORPORATION OFFICE OF THE EXECUTIVE ENGINEER (M)-I

2nd FLOOR 16, RAJ PUR ROAD, CIVIL LINES ZONE PH- 23994148

No. EE(M)-I/CLZ/2013/1480 Dated:- 04/02/2013 Subject :- Construction of Boundary wall around the Mpl. Land at Janta Vihar by

providing B/W from in Mukundpur in C-6/CLZ. Please find enclosed herewith six sets of preamble for the above noted work

to be placed before the Standing Committee North Delhi Municipal Corporation for rate

and agency.

Encl. :- As above.

Executive Engineer(M-I)/CLZ

A.O.(C&C) North Delhi Municipal Corporation.

NORTH DELHI MUNICIPAL CORPORATION (ENGINEERING DEPARTMENT)

No.F.33/Engg/NDMC/478/C&C Dated: 8.2.2013

From: Commissioner, North Delhi Municipal Corporation 4th Floor, E-Block, Dr. SP Mukherjee Civic Center,

Minto Road, Delhi-02 To, The Municipal Secretary, North Delhi Municipal Corporation 4th Floor, A-Block, Dr. SP Mukherjee Civic Center,

Minto Road, Delhi-02

Name of Work:‐ Provision of 500 KVA rating DG set its AMF Panel and required accessories in Kasturba Hospital for newly constructed OPD Block, under City Zone.

The proposal of providing an additional DG set of 500 KVA was discussed in the meeting held on dated:

21.10.2011 in the chamber of Medical Superintendent Kasturba Hospital, the minutes of the meeting circulated

vide no. 3268/Addl. MS/KH dated: 31.10.2011 (Copy placed at Annexure “A”). Accordingly, an estimate

amounting to Rs. 78,02,418/‐ (Seventy Eight Lac two thousand four hundred eighteen only) has been framed for

the captioned work, in Kasturba Hospital, under City Zone, which is duly checked by the Electrical Planning Deptt.

on dated: 15.12.2011 and Technically Sanctioned by the Competent Authority i.e. Chief Engineer (Elect.).

The administrative approval and expenditure sanction for the scheme has been accorded by the Ward

Committee, City Zone, vide resolution no. 14 dated: 20.01.2012. Accordingly, the tenders for the work were

invited in dual bid system vide NIT no. 44 / MWEEE‐I / 2011‐12 / TC Dated: 02.03.2012 and the NIT was published

in renowned news papers for wide publicity, as per the details as under:

S. No. Name of News Paper Language Date of Publication

1. Economic Times English 05.03.2012

2. Jansatta Hindi 05.03.2012

In response of the NIT following tenderer downloaded the tender and quoted their rates as under:

S. No. Name of the Firms

1. M/s ACE Engineers bureau

2 M/s Sachdeva Electricals

The technical bids were opened on dated: 21.03.2012 and after scrutinizing the credentials submitted by

both the bidders the department found both the firm qualified technically. Accordingly, the financial bids of both

the firms were opened on dated: 29.03.2012. The quoted rates of both the firms are:

S. No. Name of the Firms Amount Status

1. M/s ACE Engineers bureau Rs. 77,81,596/‐ L‐1

2 M/s Sachdeva Electricals Rs. 81,57,158/‐ L‐2

The item wise quoted rates by both the bidders are as under:

S. No. Name of Items Qty Ut

Rates & Amount quoted by M/s ACE Engineers bureau in Rs.

Rates & Amount quoted by M/s Sachdeva Electricals in Rs.

Rates Amount Rates Amount

1(a) Supplying of 500 KVA "Silent DG Set" (Acoustic Enclosure) water cooled diesel engine generator set comprising of radiator, vertically totally enclosed multi cylinders, diesel oil engine of suitable BHP, suitable exhaust silencer, suitable size fuel tank ,required batteries with electric start system, engine standard control panel with required mobile oil and coupled with self excited, self regulated Alternator of suitable capacity 0.8 power factor,415/440 volt, 50Hz, 3 phase 4 wire AC supply with base plate and required cubical type AMF control Panel etc complete as reqd.--1 No.

1 Job 5579000 5579000 5800000 5800000

(b) Erection, testing and commissioning of 500 KVA "Silent DG Set" and AMF panel i/c making suitable size of "M25" grade reinforced cement concrete foundation with excavation and sand cushioning at bottom and on all sides in accordance with the manufacture design and earthing from Alternator to AMF panel, silencer with required exhaust piping installations of fuel tank and all fuel pipe connection, starting batteries with reqd. leads i/c connections in the panel and testing of DG set with manufacturer design with reqd diesel oil etc complete as reqd.--1 No.

2 S/F cubical type panel board made of 16 SWG MS sheet depth more than 60 cm up to 90 cm with aluminium bus bars 1000 Amps Rating i/c providing with locking arrangement for mounting of switch gears etc i/c making of foundation in brick work angle iron frame on wall/floor etc complete as reqd at site.

2 SqMtr

33500 67000 35845 71690

3 S/o 3.5 C x300 sq.mm XLPE aluminium conductor armoured cable as per IS:7098 (Part-I) with working voltage up to and including 1.1 KV complete as reqd.

500 Mtr 2110 1055000 2258 1129000

4 S/o ON load change over switch suitable for 3 phase and neutral (4 pole) 415 volt,50 Hz,AC supply of 800 Amps rating without enclosure complete as reqd.

2 Nos 39960 79920 42757 85514

5 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 120 sq.mm but not exceeding 400 sq.mm direct in ground including excavation, sand cushioning, protective covering and refilling the trench etc as reqd.

200 Mtr 125 25000 134 26800

6 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 25 sq.mm but not exceeding 400 sq.mm in the existing RCC/Hume/Stone ware/Metal pipe as reqd.

10 Mtr 20 200 21 210

7 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 25 sq.mm but not exceeding 400 sq.mm in the existing masonary open duct as reqd.

150 Mtr 17 2550 18 2700

8 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 25 sq.mm but not exceeding 400 sq.mm on surface as reqd.

140 Mtr 60 8400 64 8960

9 Fabricating and installing following sizes of perforated MS cable trays including horizontal and vertical bends, reducers, tees, cross members and other accessories as reqd. and duly suspended from the ceiling with MS suspenders and including painting with powder coating etc as reqd.

(a) 300 mm width x 50 mm depth x 1.6 mm thickness 180 Mtr 945 170100 1011 181980

(b) 600 mm width x 50 mm depth x 2 mm thickness 120 Mtr 1680 201600 1798 215760

10 Supplying and making end termination with brass compression gland and aluminium lugs for following size of PVC insulated and PVC sheathed/XLPE aluminium conductor cable of 1.1 KV grade as reqd.

3.5 Cx 300 sq.mm 20 Nos 865 17300 926 18520

11 Earthing with copper earth plate 600 mm x 600 mm x 3mm thick i/c accessories and providing masonary enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 7627 61016 8161 65288

12 Earthing with GI earth plate 600 mm x600 mm x6mm thick i/c accessories and providing masonary enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 3060 24480 3274 26192

13 Providing and fixing following size GI/Copper strip in suitable size GI pipe from earth electrode i/c excavation and protective covering refilling the trench as reqd.

(a) 25 mm x 5 mm copper strip 300 Mtr 680 204000 728 218400

(b) 25 mm x5 mm GI strip 150 Mtr 97 14550 104 15600

14 Providing and fixing following size GI/Copper strip on surface or in recess for connections etc as reqd.

(a) 25 mm x5 mm copper strip 300 Mtr 766 229800 820 246000


15 Extra for using salt and coke for GI or copper plate earth electrode as reqd. 16 Nos 1480 23680 1584 25344

TOTAL Rs. 77,81,596/‐ Rs. 81,57,158/‐

The rates quoted by the tenderer M/s ACE Engineers Bureau amounting to Rs. 77,81,596/‐ (Seventy

Seven Lac Eighty One Thousands Five Hundred ninety six only) was found to be the lowest.

The justification of rates worked out by the Deptt. and duly checked by the Elect. Planning Department

on dated: 28.06.2012, comes to Rs. 79,66,710/‐ (Seventy Nine Lac Sixty Six Thousand Seven Hundred Ten only).

The rates quoted by the lowest tenderer (L‐1) is below the justification worked out by the Deptt.

The rates quoted by the lowest tenderer (L‐1) and the item wise justification JOR is as under:

S. No. Name of Items Qty Unt

Rate & Amount quoted by M/s ACE Engineers bureau in Rs.

JOR Rates & Amount

Rate Amount Rate Amount

1(a) Supplying of 500 KVA "Silent DG Set" (Acoustic Enclosure) water cooled diesel engine generator set comprising of radiator, vertically totally enclosed multi cylinders, diesel oil engine of suitable BHP, suitable exhaust silencer ,suitable size fuel tank, required batteries with electric start system, engine standard control panel with required mobile oil and coupled with self excited, self regulated Alternator of suitable capacity 0.8 power factor,415/440 volt,50 Hz,3 phase 4 wire AC supply with base plate and required cubical type AMF control Panel etc complete as reqd.‐‐1 No.

1 Job 5579000 5579000 5590948 5590948 (b) Erection, testing and

commissioning of 500 KVA "Silent DG Set" and AMF panel i/c making suitable size of "M25" grade reinforced cement concrete foundation with excavation and sand cushioning at bottom and on all sides in accordance with the manufacture design and earthing from Alternator to AMF panel, silencer with required exhaust piping installations of fuel tank and all fuel pipe connection, starting batteries with reqd. leads i/c connections in the panel and testing of DG set with manufacturer design with reqd diesel oil etc complete as reqd.‐‐1 No.

2 S/F cubical type panel board made of 16 SWG MS sheet depth more than 60 cm up to 90 cm with aluminium bus bars 1000 Amps Rating i/c providing with locking arrangement for mounting of switch gears etc i/c making of foundation in brick work angle iron frame on wall/floor etc complete as reqd at site.

2 Sq Mtr

33500 67000 38345 76690

3 S/o 3.5 C x300 sq.mm XLPE aluminium conductor armored

500 Mtr 2110 1055000 2158 1079000

cable as per IS:7098 (Part‐I) with working voltage up to and including 1.1 KV complete as reqd.

4 S/o ON load change over switch suitable for 3 phase and neutral (4 pole) 415 volt,50 Hz, AC supply of 800 Amps rating without enclosure complete as reqd.

2 Nos 39960 79920 40622 81244

5 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 120 sq.mm but not exceeding 400 sq.mm direct in ground including excavation, 45sand cushioning, protective covering and refilling the trench etc as reqd.

200 Mtr 125 25000 199 39800


10 Mtr 20 200 45 450

7 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 25 sq.mm but not exceeding 400 sq.mm in the existing masonry open duct as reqd.

150 Mtr 17 2550 39 5850


140 Mtr 60 8400 97 13580

9 Fabricating and installing following sizes of perforated MS cable trays including horizontal and vertical bends, reducers, tees, cross members and other accessories as reqd. and duly suspended from the ceiling with MS suspenders and including painting with powder coating etc as reqd.

(a) 300 mm width x 50 mm depth x 1.6 mm thickness

180 Mtr 945 170100 896 161280

(b) 600 mm width x 50 mm depth x 2 mm thickness

120 Mtr 1680 201600 1507 180840


3.5 Cx 300 sq.mm 20 Nos 865 17300 1354 27080

11 Earthing with copper earth plate 600 mm x600 mm x3mm thick i/c accessories and providing masonry enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 7627 61016 7734 61872

12 Earthing with GI earth plate 600 mm x600 mm x6mm thick i/c accessories and providing masonry enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 3060 24480 3125 25000







15 Extra for using salt and coke for GI or copper plate earth electrode as reqd.

16 Nos 1480 23680 1536 24576

TOTAL Rs. 77,81,596/‐ Rs. 79,66,710/‐

As the rates of the lowest tenderer M/s ACE Engineers Bureau are on higher side for some of the items

in comparison to the justified rates. Accordingly the negotiation with the lowest tenderer was held on dated:

16.07.2012. The negotiated rates of the lowest tenderer, M/s ACE Engineers bureau comes to Rs. 77,50,996/‐

(Seventy Seven Lac Fifty Thousand Nine Hundred Ninety Six only) after negotiation. The tenderer is registered

in class‐I category and can tender up to unlimited amount. The rates are valid upto 31.03.2013.

The amount quoted by the lowest tenderer, M/s ACE Engineers bureau and the contractual amount

comes after negotiations are as under:

S. No. Name of Items Qty Unt

Rate & Amount quoted by M/s ACE Engineers bureau in Rs.

Rates & Amount after Negotiation by M/s ACE Engineers Bureau in Rs.

Rate Amount Rate Amount

1(a) Supplying of 500 KVA "Silent DG Set" (Acoustic Enclosure) water cooled diesel engine generator set comprising of radiator, vertically totally enclosed multi cylinders, diesel oil engine of suitable BHP, suitable exhaust silencer ,suitable size fuel tank, required batteries with electric start system, engine standard control panel with required mobile oil and coupled with self excited, self regulated Alternator of suitable capacity 0.8 power factor,415/440 volt,50 Hz,3 phase 4 wire AC supply with base plate and required cubical type AMF control Panel etc complete as reqd.‐‐1 No.

1 Job 5579000 5579000 5579000 5579000 (b) Erection, testing and

commissioning of 500 KVA "Silent DG Set" and AMF panel i/c making suitable size of "M25" grade reinforced cement concrete foundation with excavation and sand cushioning at bottom and on all sides in accordance with the manufacture design and earthing from Alternator to AMF panel, silencer with required exhaust piping installations of fuel tank and all fuel pipe connection, starting batteries with reqd. leads i/c connections in the panel and testing of DG set with manufacturer design with reqd diesel oil etc complete as reqd.‐‐1 No.

2 S/F cubical type panel board made of 16 SWG MS sheet depth more than 60 cm up to 90 cm with aluminium bus bars 1000 Amps Rating i/c providing with locking arrangement for mounting of

2 Sq Mtr

33500 67000 33500 67000

switch gears etc i/c making of foundation in brick work angle iron frame on wall/floor etc complete as reqd at site.

3 S/o 3.5 C x300 sq.mm XLPE aluminium conductor armored cable as per IS:7098 (Part‐I) with working voltage up to and including 1.1 KV complete as reqd.

500 Mtr 2110 1055000 2110 1055000

4 S/o ON load change over switch suitable for 3 phase and neutral (4 pole) 415 volt,50 Hz, AC supply of 800 Amps rating without enclosure complete as reqd.

2 Nos 39960 79920 39960 79920

5 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 120 sq.mm but not exceeding 400 sq.mm direct in ground including excavation, 45sand cushioning, protective covering and refilling the trench etc as reqd.

200 Mtr 125 25000 125 25000


10 Mtr 20 200 20 200

7 Laying of one number PVC insulated and PVC sheathed /XLPE power cable of 1.1 KV grade of size exceeding 25 sq.mm but not exceeding 400 sq.mm in the existing masonry open duct as reqd.

150 Mtr 17 2550 17 2550


140 Mtr 60 8400 60 8400

9 Fabricating and installing following sizes of perforated MS cable trays including horizontal and vertical bends, reducers, tees, cross members and other accessories as reqd. and duly suspended from the ceiling with MS suspenders and including painting with

powder coating etc as reqd.

(a) 300 mm width x 50 mm depth x 1.6 mm thickness

180 Mtr 945 170100 895 161100

(b) 600 mm width x 50 mm depth x 2 mm thickness

120 Mtr 1680 201600 1500 180000


3.5 Cx 300 sq.mm 20 Nos 865 17300 865 17300

11 Earthing with copper earth plate 600 mm x600 mm x3mm thick i/c accessories and providing masonry enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 7627 61016 7627 61016

12 Earthing with GI earth plate 600 mm x600 mm x6mm thick i/c accessories and providing masonry enclosure with cover plate having locking arrangement and watering pipe (but w/o charcoal or coke and salt )

8 Nos 3060 24480 3060 24480







15 Extra for using salt and coke for GI or copper plate earth electrode as reqd.

16 Nos 1480 23680 1480 23680

TOTAL Rs. 77,81,596/‐ Rs. 79,50,996/‐

The finance has seen and concurred the proposal.

The expenditure will be charged under head of A/c‐ XL‐IX‐Med.

The case may be placed before the Standing Committee for approval of the Rate & Agency in favour of

M/s ACE Engineers Bureau for a contractual amount of Rs. 77,50,996/‐ (Seventy Seven Lac Fifty Thousand Nine

Hundred Ninety Six only) for the work of “Provision of 500 KVA rating DG set, AMF Panel and required

accessories in Kasturba Hospital, under City Zone.” Under Head of A/c‐ XL‐IX Med. as required under DMC Act

1957 amended till date.

Addl. Commissioner (Engg.) / NDMC

For Commissioner / NDMC


LIST OF BUSINESSTO BE TRANSACTED AT THE MEETING OF THE

STANDING COMMITTEEto be held on

Wednesday, the 13th February, 2013 at 2-00 P.M.

AT SATYA NARAYAN BANSAL SABHAGAR (2nd FLOOR), A-WING,Dr. S.P. MUKHERJEE CIVIC CENTRE, NEW DELHI

Confirmation and signing of the Minutes of the meeting dated 30-1-2013.

——————————————————————————————————————————Item No. Subject Page No.

——————————————————————————————————————————PART ‘A’

POSTPONED CASES

53 Allotment of Shehnai Banquet Hall at Asaf Ali Road, New Delhi onLicense fee basis.Commissioner’s letter No. F. 33/RPC/304/C&C dated 21-11-2012.

(Circulated herewith)

54 Allotment of Cup & Saucer Restaurant at Minto Road, New Delhi onLicense fee basis.Commissioner’s letter No. F. 33/RPC/305/C&C dated 21-11-2012.


67 Simplification of Trade License policy of markets, trades, occupations,maintenance and regulations thereof as laid down under Chapter XX of theDMC Act.(i) Commissioner’s letter No. F. 33/CL&EC/NDMC/365/C&C dated

19-12-2012.(ii) Consitution of Sub-Committee in the meeting dated 16-1-2013.


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1

28

55

[ ii (N) ]

Item No. Subject Page No.

68 Waiving off of user charges for “Janani Shishu Surakhsa Karaykram”(JSSK) beneficiaries under JSSK Scheme of Directorate of FamilyWelfare, Govt. of NCT, Delhi.

Commissioner’s letter No. F. 33/Health/NDMC/368/C&C dated 20-12-2012.


71 Assignment of Unique Property Identification CODEs (UPICs)/issue ofUPIC Cards and Property Tax Passbooks u/s 125 of the DMC Act with theAIM to streamline Tax Collection.

Ref. :— Reforms under JNNURM to Strengthen the Financial Base ofMunicipal Bodies and Augment Resources.

Commissioner’s letter No. F. 33/A&C/NDMC/377/C&C dated 20-12-2012.


76 Framing of guidelines/criteria for registration of Non-motorized Vehicles(Cycle Rickshaws) and issuance of licenses to Cycle Rickshaw Pullers/Pliers in compliance of directions dated 2-6-2012, 7-12-2012 and14-12-2012 of Hon’ble High Court of Delhi in CWP No. 4572/2007 (ManushiSangthan V/s. MCD & Ors.

Commissioner’s letter No. F. 33/Hackney Carriage/NDMC/462/C&C dated30-1-2013.


NEW CASES

78 Re-designation of the post of CA-cum-FA as Addl. Commissioner(Finance, Accounts and Planning).

Commissioner’s letter No. F. 33/CED/NDMC/428/C&C dated 11-1-2013.


79 Up-gradation/Strengthening of Pediatrics Department of Kasturba Hospital.



80 Administrative Approval & Expenditure Sanction for distribution of uniformsubsidy Rs. 500/- cash for uniform items to each child enrolled in Class-I toV studying in North Delhi Municipal Schools in the financial year 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/284/C&C dated21-11-2012.

(ii) Resolution No. 28 of Education Committee dated 19-12-2012.


104

105

130

150

152

151

[ iii (N) ]


81 Proposal for administrative approval and financial concurrence regardinggiving incentive of Rs. 200/- to each girl child of Classes-I to V studying inNorth DMC Primary Schools during the year 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/310/C&C dated29-11-2012.



PART ‘B’

116 Regarding purchase of 26600 Dual Desks (11700 Small Size & 14900 BigSize) for use by the children studying in Municipal Schools falling underjurisdiction of North DMC during the year 2012-13.

Commissioner’s letter No. F. 33/Edn./NDMC/395/C&C dated 1-1-2013.


117 Re-construction of M.C. Pry. School at Raj Park at Sultanpuri, WardNo. C-40, Rohini Zone.

Commissioner’s letter No. F. 33/Engg./NDMC/404/C&C dated 4-1-2013.


118 Procurement of HP Laptops for the Councillors of North DMC.

Commissioner’s letter No. F. 33/CD(IT)/NDMC/407/C&C dated 4-1-2013.


PART ‘C’

POSTPONED CASE

2 Incorporation of Plot No. 19-B, Block-UA in the layout plan of NorthernCity Extn., Scheme No. 1, Kamla Nagar, Jawahar Nagar.

Commissioner’s letter No. F. 33/CTP/NDMC/204/C&C dated 1-10-2012.


154

1

14

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[ iv (N) ]


NEW CASE

4 Incorporation of Sub-division of Plot No. 2027-B/156, Ganesh Pura-A, TriNagar, New Delhi in the regularization plan of Tri Nagar Group of Colonies.



Municipal Secretary’s Office Municipal Secretary,4th Floor, A-Wing, North Delhi Municipal CorporationDr. S.P. Mukherjee Civic Centre, New DelhiDated : 11-2-2013

4

M.P. (C.L.)—Job 1399—100+4+5—11-2-2013—www.mcdonline.gov.in

PART ‘A’

POSTPONED CASES

Item No. 53 :— Allotment of Shehnai Banquet Hall at Asaf Ali Road, New Delhi on

License fee basis.

Commissioner’s letter No. F. 33/RPC/304/C&C dated 21-11-2012.

1. North Delhi Municipal Corporation has a site for Shehnai Banquet Hall, Asaf Ali Road Delhi.

Earlier this site had been allotted on license fee basis and after prolonged litigations, MCD has regained

possession of this site from the previous Licensee.

2. It will, therefore be in the interest of the Corporation, in view of revenue, as well as of

citizens, including local residents/inhabitants that this site is allotted for operation as a Banquet Hall and

Food Catering Services.

3. During the licence period, the licensee shall be responsible to maintain the licensed premises in

good condition, to the satisfaction of the NDMC, and ensure all kinds of repairs/re-painting/replacement (if

required) of electrical & sanitary fixtures & fittings/provision of looking mirrors in toilets/electrical

back-up, etc. at his own cost and NDMC shall not incur or grant any remission or any discount

whatsoever in the licence fee, on this account. The responsibility of the project, its smooth operation &

maintenance, during the licence period, shall rest only with the licensee.

4. It is, therefore, proposed to allot the site for Shehnai Banquet Hall at Asaf Ali Road, New

Delhi, on open tender cum auction basis and bids may be allowed to be invited for the same and processed

on the basis of the tender document (enclosed).

5. A detailed tender document duly vetted by Standing Counsel of North Delhi Municipal

Corporation has been drafted and enclosed for information please.

6. The matter may, therefore, be placed before the Standing Committee/Corporation for consid-

eration and approval, as an item of Urgent Business.

[ 2 (N) ]

(For Sale/Website)

A GOLDEN OPPORTUNITY IN THE HEALTH OF DELHI

(Space for Photo)

NOTICE INVITING TENDER FOR ALLOTMENT OF SHEHNAI BANQUET HALL ONLICENSE FEE BASIS

Sealed bids are invited by the Remunerative Projects Cell (“RP Cell”) of the North DelhiMunicipal Corporation (“NDMC”) under two bid system (Enevope-1 containing technical bid/documents& Form-I, Envelope-2 containing financial bid in Form-II) in prescribed Tender Forms (Form-I andForm-II) for allotment of Shehnai Banquet Hall (“Site”) on license fee basis for a period of 5 years on ‘asis where is’ basis. The said restaurant is situated adjacent to Asaf Ali Road, Delhi. It is an ideal place forbanquet hall.

I. The salient conditions of the tender for allotment on license basis are as under :—

1. The allotment will be made for a period of 5 years which may be further extendable foranother 5 years’ term at the absolute discretion of Commissioner, NDMC and subject toat least 100% enhancement on the prevailing license fee. It may be noted that this Siteshall never be a subject of conversion to lease/freehold etc under any circumstance.

2. The reserved minimum license fee is Rs. 14,40,000/- (Rupees fourteen lacs forty thousandonly) per month (“MLF”). The bid by a bidder has to be above the aforesaid MLF.

3. The Earnest Money Deposit (“EMD”) to be deposited by the Bidder is Rs. 45,00,000/-(Rupees forty five lacs only). The EMD must be paid by the bidder by way of a bankdraft/local pay order drawn in favour of ‘Commissioner, North Delhi MunicipalCorporation of Delhi’ along with tender form and should be enclosed along with technicalbid itself.

4. Any person (other than a minor) having yearly business turnover of Rs. 10,00,00,000/-(Rupees ten crores only) and above and having profit in the last three years is eligible fortaking part in the tender. The said turnover and profit shall be solely with respect to thebanquet hall and allied business and not with respect to any other business. The person—individual (other than a minor), partnership firm, company, Association of Persons shouldhave PAN and TAN and should be registered with Sales Tax and Service TaxDepartments etc. The bidders who have not cleared any past dues of NDMC, or whohave been blacklisted by any government body are not eligible to participate in the bid.

5. In case of consortium bidding for the license, not more than three members are allowedfor such participating consortium. A lead member shall be nominated from the consortiumand at all times, the lead member should have atleast 51% (fifty one percent) shareholdingof the consortium. The consortium members should have also executed a memorandum ofunderstanding which should contain well defined roles and responsibilities of each of theconstituting members of the consortium. The consortium members shall execute a powerof attorney in favour of the lead member to submit the bid and to execute the licenseagreement as per the form provided herein. The lead member shall be responsible for allthe acts and undertakings of the other consortium members.

[ 3 (N) ]

6. No change of the individual, proprietorship, or constituents of the partnership, consortiumor bidding company shall be made without the prior permission of the Commissioner,NDMC. Provided, the Commissioner, NDMC may in certain exceptional circumstancesallow for such change in case of a partnership firm or consortium provided the replacingperson has qualifications which is similar or better than that of the outgoing person.

Additionally, in case of a bidder which is a company or a company which is a partof any consortium, any transfer of the equity share capital of the company shall be afterthe prior written approval of the Licensor.

7. There should not be common members in competing consortiums. Competing consortiumsor competing bidders having any direct or indirect relationship including but not limited tohaving common directors, common partners, common shareholders, common authorisedsignatories or common advisors shall be disqualified.

8. The intending bidders are advised to inspect the Site and surrounding areas before filingtheir bids. It is also presumed that the bidders have acquainted themselves and are fullyaware of all local conditions. No dispute regarding position, area and condition of the Siteand surrounding areas will be entertained after filing the bids. The premises can beinspected during normal working hours by the bidders themselves or by contacting theoffice of the Assistant Commissioner, RP Cell, NDMC whose office is situated at 16th

floor, Civic Centre, JLN Marg, New Delhi or the office of the Dy. Commissioner, CityZone situated at Underground Parking, Opp. Delite Cinema, Asaf Ali Road, New Delhi.Their phone numbers are 23226602 & 23226610 respectively.

9. The bidder should sign on each page of the bid. Since dual tender system is being adopted(technical & financial), it may also be noted that financial bid shall not be opened in caseof those bidders whose technical bid is not accepted/approved. Conditional bids and bidswithout EMD shall be summarily rejected. There should be no correction/overwriting/alteration in the Financial Bid and such bids shall be summarily rejected.

10. The technical bid and the financial bid should be in separate envelops and properly sealed.On each sealed envelope the name of the tender and the site as well as the name andaddress of the bidder should be clearly mentioned. Unsealed tender will be rejectedsummarily. Each envelop must be suitably super scribed “Technical Bid” and “FinancialBid”.

11. No bidder shall be permitted to withdraw, surrender or modify his bid on any groundwhatsoever. Change in neither name of bidder nor any conditions in the bid will be allowedunder any circumstances. In the event of any discrepancy between words and figures, theamount in words shall prevail. Withdrawal or surrender of bid shall lead to forfeiture of theamount of EMD. This shall be without prejudice to other rights or remedies that may beavailable to NDMC.

12. The EMDs of all unsuccessful Bidders (other than such Bidders whose Bids have beenrejected on ground amounting to forfeiture of the EMDs) will be refunded, without anyinterest, after the offer letter has been accepted by the successful Bidder and theintimation thereof has been received by the NDMC.

13. The EMD shall not carry any interest on any account whatsoever.

[ 4 (N) ]

14. The successful Bidder will be intimated about the acceptance of his/its Bid. Hence, noenquiry in this regard need be made. Canvassing in any form shall invite disqualificationfrom the bidding process.

15. Bidders should note that :—

(I) if they withdraw their Bid after their technical Bid has been accepted, or

(II) in case successful bidder fails to execute the License Agreement within 15 (fifteen)days from the date of receipt of the offer letter from the NDMC,

(III) if they conceal any material information or make incorrect and misleading statementsor misrepresent facts in their Bid, or

(IV) Try to influence NDMC or any of its officials in relation to the evaluation of Bids,NDMC shall have the right to forfeit their EMD and blacklist them from participatingin any future tenders issued by NDMC.

16. Bids should remain valid for a period of 90 days from opening of the price bid.

17. In exceptional circumstances and at its sole discretion, NDMC may require an extensionof the bid validity period. The request and the responses thereto shall be made in writing(or by E-mail or fax). The EMD provided shall also be suitably extended. A Bidder mayrefuse such request for extension without forfeiting the EMD. A Bidder granting therequest shall not, however, be permitted to modify his bid.

18. Bids must be received by NDMC at the address specified not later than the time and dateas specified in the schedule below. In the event of such date being declared a holiday,such date and time would be extended by one business day.

19. NDMC may, at its sole discretion, extend the last date and time for submission of the bidand amend the Tender by amending the Tender documents. In such a case, all rights andobligations of NDMC and Bidders previously subject to the last date and time willthereafter be subject to the extended date and time.

20. During evaluation of Bids, NDMC may, at its discretion, ask a Bidder for further clari-fications and/or information. The request for clarification and the response thereto shallonly be in writing. The Bidder shall have to reply to the clarification within 7 BusinessDays from the date of receipt of the request failing which the Bid of such a Bidder shallbe rejected and NDMC shall have the right to forfeit the EMD of such Bidder.

21. NDMC will scrutinize all Bids to determine whether or not (a) the Bids are complete,(b) computational errors have been made, (c) the required EMD has been furnished, (d)the documents have been properly signed, and (e) the Bids are generally in order.

Bids from representatives, without the tender fee and proper authorization from Biddersshall be treated as non-responsive and shall be rejected.

22. In event of the highest bidder is disqualified or on account of any reason, the NDMC maycall the second highest bidder and may give the offer letter for the license to such bidderprovided, the second bidder matches the amount quoted by the highest bidder and depositsthe EMD (if not already refunded by the NDMC) within with a period of 15 (fifteen) daysfrom the intimation in writing by NDMC.

[ 5 (N) ]

23. No Bidder shall contact NDMC or any of its officials on any matter relating to any Bidfrom the last date for submission of the bid till the issue of the offer letter to thesuccessful bidder.

24. The technical bid in addition to Form-I and EMD must at least contain the followingdetails/documents duly certified by the director or authorised person, as applicable :—

(a) Name(s), complete address(es), correspondence address(es) and contact numbers ofthe bidder;

(b) Names and addresses of all the persons—members, partners or directors in case thebidder is AOP, Partnership firm or Company;

(c) Names and addresses of all partnership firms and companies in which bidder beingthe individual/members of AOP are partners/directors as the case may be (in case ofdirectorship, DIN—Director Identification Number of the person must also be quoted);

(d) Shareholding pattern of each of the companies bidding either individually or as a partof a consortium.

(e) Bank name and branch of the bidder (enclose a copy of blank cheque or a cancelledcheque along with a photocopy of the passbook/bank statement as proof thereof);

(f) Copies of Profit & Loss account and Balance Sheet of the bidder for the last 3financial years certified by the Chartered Accountant;

(g) A certificate from the auditor stating the turnover of last three years in the hotel,restaurant and allied business;

(h) A declaration by way of an affidavit that bidder and any entity as in (b) & (c) arenever barred, disqualified or blacklisted by NDMC or erstwhile Municipal Corporationof Delhi;

(i) A declaration by way of an affidavit giving details of any pending litigation with theMunicipal Corporation of Delhi or NDMC vis-a-vis the bidder and any entity as in(b) & (c);

(j) It is expected that the bidder shall have experience of at least 3 years in hospitalitybusiness or running/managing eateries or banquet hall(s) or barat ghar(s) or indoor/outdoor catering. Any documentary evidence duly certified by the bidder showing theaforesaid proof of experience;

(k) Affidavit in the form provided in Annexure A hereof;

(l) Memorandum of Understanding in case of consortiums which should among otherthings include the constituting shareholding and obligations of each constituent;

(m) Power of Attorney in favour of the lead member to submit the tender document andfor giving the authority to execute the license agreement on behalf of all theconsortium members in the form provided in Annexure ‘B’ hereof;

(n) A write up/proposal to furnish, furbish and run the Site for the stated purpose;

(o) Any other document that a bidder may deem fit to establish his credentials andtechnical competence for the purpose of running ‘Cup and Saucer Restaurant’.

[ 6 (N) ]

25. The Financial bids of only those bidders whose technical bids have been accepted byNDMC will be opened and considered. Acceptance of the technical bid shall be based onthe information furnished and evidences enclosed in support of various claims made by thebidder in the technical bid (as indicated at 23 above) and shall be subject to satisfaction ofthe NDMC’s Tender Committee for which the Committee may choose to haveparameters and evaluation criteria and in case a marking system for evaluation criteria isdecided by the Committee the same will be finalised and sealed before opening of thetechnical bids. Ranking of successful technical bids, if made, will have no bearing onevaluation of financial bids. The highest financial bidder, subject to all other qualifications,will be declared successful and considered for award of the license. The confirmation ofthe successful bidder shall be the sole discretion of the Commissioner, NDMC who doesnot himself bind to confirm the highest financial bidder and reserves to himself the right toreject all or any of the bids without assigning any reason.

26. While the Financial Bid must quote the annual license fee for initial 5 years, it may quoteany additional payments that the bidder proposes to make to NDMC and the annuallicense fee for subsequent 5 years (which has to be at least double of that of the 1st5 years). Quote for—2nd 5 year is relevant in case the Commissioner, NDMC decides toextend the license for another 5 years term.

27. The bidder shall keep his offer valid for at least a period of six months from the date ofopening of bid. The validity of bid may be extended with the consent of the bidder.

28. MCD reserves the right to cancel the tender at any stage either before or after theallotment with or without assigning any reason whatsoever and without payment of anydamages, if any, whatsoever to the bidders/successful bidders.

29. Soliciting favours canvassing or attempting to influence the bid in the tendering process inany manner/form will disqualify the bidder and such bids will be rejected summarily.

30. Any effort by a Bidder to influence NDMC or any of its officials in relation to NDMC’sbid evaluation, bid comparison or contract award decisions shall result in rejection of suchBidder’s bid and forfeiture of the EMD and such other action as NDMC may at itsdiscretion determine.

31. Any postal delay or loss in transit will not bind NDMC.

32. Evaluation of Bids would be in accordance with the provisions of law.

33. In case of dispute between NDMC and any Bidder the decision of Commissioner NDMCwill be final subject to concerned Bidder being given a hearing before taking any decision.

34. Offer letter will be sent to the successful bidder who shall send an acceptance of saidoffer complying to the relevant conditions laid down in the offer letter within 10 days ofthe said offer letter. The successful bidder may be handed over the Site (Shennai BanquetHall) pending signing of the license agreement which should be signed within one monthof the receipt of the acceptance letter of the license with the Assistant Commissioner,R.P. Cell, NDMC.

35. The execution of the License Agreement shall constitute the formation of a valid contract.

[ 7 (N) ]

36. License period will commence from the date ‘Shennai Banquet hall is handed over to thesuccessful bidder/licensee. However, to undertake the renovation and refurbishment ofthe Site, the licensee shall be provided a free license period of upto two months or till thedate of commencement of business, whichever is earlier. Free license period means thelicensee will be exempted from the payment of the license fee.

37. The licensee cannot transfer the license or the operation of “Shennai Banquet Hall” toany other person.

38. If the bid is not accepted, the EMD will be refunded within 3 months of opening of thefinancial bids without any inertest. Such bidders shall have to collect the same in personfrom the office of Asstt. Commissioner, R.P.Cell, NDMC.

39. It shall be deemed that by submitting a Bid that the Bidder has :—

(i) Made a complete and careful examination of the Bid Document;

(ii) Received all relevant information requested from the NDMC;

(iii) Satisfied itself about the condition of the Site as of the date of the submission of thebid.

(iv) Satisfied itself about all matters, things and information with respect to the Sitehereinabove necessary and required for submitting an informed Bid, execution ofLicense Agreement in accordance with the Bid Document and performance of all ofits obligations there under;

(v) Acknowledged and represented that it does not have a Conflict of Interest, and

(vi) Agreed to be bound by the undertakings provided by it under and in terms hereof.

40. At any time prior to the last date of submission of the bids, NDMC may, for any reason,whether at its own initiative or in responses to clarifications request by any an Bidder,modify the Tender by the issuance of an Addenda. Any Addendum thus issued will be sentin writing to all those who have purchased the Tender. The information would also beavailable on the website. In order to facilitate the Bidder reasonable time for taking anAddendum into account, or for any reason, the Authority may, in its own discretion, mayextend the last date of submission of the bids.

41. The tender forms can be obtained from the office of the Asstt. Commissioner, R.P. Cell,16th Floor, Civic Centre, JLN Marg, New Delhi, from________________ at 11-00 AMto______________ upto 2-00 PM on working days against payment of non-refundableamount of Rs. 5,000/- (Rupees five thousand only) in the form of a Demand Draft, infavour of Commissioner, NDMC payable at Delhi as tender fee. The bid form can alsobe downloaded from NDMC’s website i.e www.mcdonline.gov.in and in such cases thecost of which shall have to be deposited alongwith the Bid before its submission. The bidwill not be accepted if the said amount is not paid.

42. A sample license agreement is enclosed with this tender document and NDMC reservesthe right to amend and modify this sample license agreement to be signed as agreementbetween NDMC and the licensee. Intending bidders are advised to go through this NIT,the sample license agreement and the prescribed tender forms together and alongwith theDMC Act and any other law in force that may be relevant for this tender and for runningof the Site on license basis.

[ 8 (N) ]

43. Disclaimer :—The information contained and the terms and conditions set out in thisdocument or elsewhere provided to intending bidders is not an agreement/offer to anyparty. The purpose of this document does not purport to contain all information to assist inthe formulation of bids. It is not possible for NDMC to consider the investment objectives,financial situation and particular need(s) of a bidder. Each bidder should conduct its owninvestigation and analysis, and should check the accuracy, reliability and completeness ofthe information in this document and obtain independent information and advice fromappropriate sources. NDMC does not make any representation/warranty and shall incurno liability financial or otherwise under any law, statue, rules or regulations as to theaccuracy, reliability or completeness of this document. NDMC may in its absolute discre-tion, but without being under any obligation to do so update, amend or supplement theinformation in this document.

II. Schedule of dates and venue for the tender is as follows :—

1. Date of start of sale of tender documents

2. Date and time of close of sale of tender documents

3. Date of start of receipt of bids

4. Last date and time for receipt of bids

5. Date and time for opening of bid :—

(a) Technical bid

(b) Financial bid

6. Venue for all above 1 to 5

Any change in above, if made, shall be notified on the NDMC website www.mcdonline.org.in.It will not be possible for NDMC to inform the bidders individually of any changes in the schedule.

Sd/-

Asstt. Commissioner(R.P. Cell)/NDMC

Copy to :—

(1) OSD (RP Cell))/NDMC

(2) DCA(HQ)

(3) DLO(HQ)/NDMC

(4) AC(L&E)/NDMC

(5) ALO(L&E)/NDMC

(With request to make it convenient to attend the pre-bid meeting and for opening of tendersas per scheduled date & time)

[ 9 (N) ]

Copy :—

(1) Director (P&I) with request for publication of the NIT in three leading news papers;

(2) Chief Director (IT) with request for uploading it along with the sample license agreement

and the Tender Form on MCD website as a public notice in a downloadable format with

access to all.

Copy :—

(1) DCs of Zones with request for display on the notice boards in their offices;

(2) Notice Board

Copy for information to :—

(1) Hon’ble Mayor

(2) Chairman Standing Committee

(3) Leader of the House

(4) Leader of the Opposition

(5) Commissioner, MCD

(6) Addl. Commissioner (Edu. & Health)

(7) CA-cum-FA

(8) E-in-C

(9) Dir. of Vigilance

Sd/-

Asstt. Commissioner

(R.P. Cell)/NDMC

[ 10 (N) ]

III. Application Forms for Technical and Financial Bids :—

Form-I (for technical bid)

Tender Form No :___________

Cost : Rs. 5,000/- (includes cost of both financialand technical bid forms)

NORTH DELHI MUNICIPAL CORPORATIONREMUNERATIVE PROJECTS CELL

To

The Commissioner,North Delhi Municipal Corporation,Civic Centre, Delhi.

Subject :— Tender for allotment of ‘Shennai Banquet Hall at Asaf Ali Road, New Delhi onlicence fees basis.

Sir,

With reference to your advertisement inviting tenders for allotment of ‘Shennai Banquet Hall“on licence fee basis for 5 years, I/we tender as under :—

1. Details of enclosed Bank Draft in favour ofCommissioner, NDMC, representing earnestMoney deposit, (minimum Rs. 30,00,000/-

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

2. In case tender form is downloaded fromNDMC’s website details of Draft towardscost of tender form (Rs. 5,000/-)




3. Particulars of tenderers in case of individuals

(a) Name of the applicant (In Block Letters) ______________________________

(b) Age ______________________________

(c) Father’s Name ______________________________

(d) Complete address for communication (with proof) ______________________________

(e) Permanent residential address ______________________________

(f) Telephone No. & Mobile No. ______________________________

(g) E-mail ID ______________________________

(h) PAN/TAN ______________________________

[ 11 (N) ]

4. In case of firm/Company/A.O.P.(a) Name of the Firm/Company/A.O.P

with PAN/TAN/Registration with SalesTax, Service Tax Departments etc. ______________________________

(b) Name of Proprietor/Partners/Director ______________________________(In Block Letters)

(c) Present address for communication ______________________________(with proof)

(d) Permanent Address ______________________________(e) Telephone No. & Mobile No. ______________________________(f) E-mail ID ______________________________

5. Copy of STCC certificate ______________________________5. Copy of STCC certificate6. Details of

(a) Business turn over (in hotel, restaurant andallied business) for the last 3 years as per dulyAudited accounts (certificate from CA) ______________________________

(b) Profit during the last 03 years as per IT Returns ______________________________(certified from CA)

(c) Profit in hotel, restaurant and allied business)during the past 3(three) years(certified from CA) ______________________________

7. Detailed terms and conditions and format oflicence deed etc. duly signed by the tendererin token of acceptance ______________________________

8. Disclosure & documents as per para 23of NIT for the purpose of technical bidevaluation ______________________________

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the ‘Shennai Banquet hall “described above, under the terms and conditions of the licencetender of such rights which I/We have read and understood and hereby accept/which are acceptable tothe tenderer (attached herewith). I/We tenderer will pay the monthly licence fee regularly and completethe licence deed in the form enclosed in accordance with the said conditions.

(Signature of the Tenderer)Name of the Tenderer_________________(in block letters)Seal of the concerned (other than individual)

For Office Use Only

Bid accepted/rejected with reasons.

[ 12 (N) ]

Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)


To


Subject :— Tender for allotment of ‘Shennai Banquet Hall, Asaf Ali Road’, New Delhi onlicence fees basis.

Sir,

With reference to your advertisement inviting tenders for allotment of ‘Shennai Banquet Hall,Asaf Ali, Road’ on licence fee basis for 5 years, I/we tender as under :—

1. Tender form number : ___________________________________

2. Monthly licence fee offered for 1st05 years (to be mentioned in roundfigures in words) : ___________________________________

3. Monthly licence fee offered for 2nd 05 years(in case of extension)(to be mentioned in round figures in words) : ___________________________________

4. Any other additional offer that tender purpose : ___________________________________

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the Shennai Banquet hall described above, under the terms and conditions of the licencetender of such rights which I/We have read and understood and hereby accept/which are acceptable tothe tenderer (attached with technical bid). I/We tenderer will pay the monthly licence fee regularly andcomplete the licence deed in the form enclosed in accordance with the said conditions.

(Signature of the Tenderer)Name of the Tenderer_________________(in block letters)

Seal of the concerned (other than individual)

[ 13 (N) ]

IV. Annexure ‘A’

FORM OF AFFIDAVIT

I,______________________________, son/daughter/wife of________________________resident of_______________________________________________ Director/Partner/Proprietor ofM/s/___________________________________________________ having its registered office at_______________________________________________________ do hereby solemnly declare andaffirm as under :—

1. that I/firm/company have/has the requisite licenses and approvals including license tooperate food and beverage outlets.

2. that there has been no case/litigation whatsoever against me/firm/company or any otherlegal entity in which I/we have controlling share under Prevention of Food AdulterationAct, 1954 or any other law which restricts me/firm/company from operating food andbeverage outlets and/ or to enter into the License Agreement.

3. that no penalty on account of failure of food samples/unhygienic condition of restauranthas been levied on me/firm/company or any other legal entity in which I/we have control-ling share by any of local/Government Authority.

4. that I/firm/company am/is financially sound to undertake such an Agreement.

5. That I/firm/company or any other legal entity in which I/we have controlling share has/have never been barred from operating any F&B outlet anywhere in India by any agency/Govt. Deptt.

6. That I/we understand and agree that the licence period term of licence of _____________for which I am/we are submitting our bids, is for a period of 5 (five) years as per the BidNotice/Bid Documents and the period of licence is non-negotiable and will not be ex-tended under any circumstance on ground of any dispute and agree that said issues maybe processed for financial compensation, if any.

7. That in case I am/we are allotted the licensed premises, namely, __________________,I/ we will hand over the vacant peaceful possession of the licensed premises immediatelyon expiry of term.

8. That in case I am/we are allotted the licensed premises, namely, ___________ , I/ weshall peacefully hand over the vacant possession of the licensed premises on termination/cancellation/revocation of licence in accordance with the instructions issued by thelicensor in this regard and seek resolution of dispute, if any, through financial compensa-tion only.

9. That I/we undertake and agree that we shall not resort to any unauthorized use of thepremises and shall confine the permitted activities within the specified area. We alsounderstand and agree that for any violation of these conditions and/or for use of any areaoutside/beyond the licensed area, the licence agreement will result in summarycancellation/termination of licence agreement.


[ 14 (N) ]

11. That I/we undertake and agree that the Licensor will have the right to revoke/cancel theLicence Agreement without any notice on violation of any terms & conditions of the biddocument and/or Agreement.

12. That I/we agree and understand that I/we will have no authority to access the premisesafter the expiry/termination/revocation/cancellation of Licence Agreement.

13. That I/we undertake to pay the amounts as demanded by NDMC towards damage ifcaused to the licensed premises during the tenure of Agreement/on vacation. The amounttowards damages shall be paid within three days from the date of Demand Note/Invoice.

14. That I/we or our other business entity where we had and/or still have controlling share,have not been barred from operating a restaurant on account of food quality issues byconcerned govt, authorities or have not been convicted for irregularities concerningrestaurant under various statues/rules/regulations/orders etc.

15. That I/we have read all the terms & conditions forming part of the Licence Agreement(Annexure ‘C’) and agree to abide by them in entirety.

DEPONENT

VERIFICATION :—

Verified at Delhi on this________________________ day of_______________ 2012 that the contentsof the above Affidavit are true and correct to my/our knowledge and no part is false and incorrect.

V . Annexure ‘B’

PROFORMA FOR FORM OF POWER OF ATTORNEY

FOR

APPOINTING LEAD MEMBER

(To be executed on Requisite Non-Judicial Stamp Paper of Rs. 100/-)

KNOW ALL CONCERNED by these presents that we, ... (name of the individual/company/partnership firm), (a company incorporated under the Companies Act 1956), having its Registered Officeat..... (Address of the individual/company/partnership firm) (hereinafter referred to as “Applicant”) :

WHEREAS the Applicant along with_______ and______ (give name and registered officeaddress) is forming a joint venture/consortium to submit Proposal in response to the Notice for Invitation toTender for “Allotment of Shennai Banquet Hall on License Basis” (“Project”) issued by the RemunerativeProjects Cell, North Delhi Municipal Corporation (“NDMC”) and is desirous of appointing an attorney forthe purpose thereof.

Whereas the Applicant deems it expedient to appoint M/s.________________ (name ofindividual/Company/partnership firm, registered office address) as the Attorney of the Applicant.

Now Know all Men by these Presents, that ___________ (name of individual/company/partnership firm) do hereby nominate, constitute and appoint…. (name the lead member company) as its

[ 15 (N) ]

true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the

Company in its name and on its behalf, that is to say :

To act as the Lead Member of the Joint Venture/Consortium for the Purposes of the Project;

In such capacity, to act as the Applicant’s official representative for submitting the proposal

for the Project and other relevant documents in connection therewith.

To sign all papers for all proposals, offers, Project documents, necessary documents, papers,

applications, representations and correspondence necessary and proper for the purpose aforesaid;

To tender documents, receive and make inquiries, make the necessary corrections and

clarifications to the Project documents, as may be necessary;

To sign and execute contracts relating to the Project, including variation and modification

thereto;

To represent the Consortium of Firms at meetings, discussions, negotiations and presentations

with NDMC, Government Authorities, Competent Authorities and other Project related entities;

To receive notices, instructions and information for and on behalf of the Company;

To do all such acts, deeds and things in the name and on behalf of the Company as necessary

for the purpose aforesaid.

AND the Applicant hereby covenants with the said Attorney to ratify and confirm all and

whatever the attorney may lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF the Company puts its hand and seal to this Power of Attorney on

this . [day, month & year]

The common seal of [name of the company] was

here unto affixed pursuant to a resolution passed

at the meeting of Committee of Directors held on The common seal of [name of the ___________

the _____ day of ______, 2001 in the presence ____________________________________

of [name & designation of the person] and [name & designation of the person])

countersigned by [name & designation of the

person] of the Company of [name of the company]

OR

_________________________

[Individual/partnership firm]

[ 16 (N) ]

VI. Annexure ‘C’

SAMPLE LICENSE AGREEMENT FOR ALLOTMENT OF“SHENNAI BANQUET HALL” ON LICENSE FEE BASIS

This License Agreement (hereinafter referred to as “Agreement”) is made and executed atNew Delhi on this [_______] day of [________] of 2012 (“Effective Date”).

BY AND BETWEEN :

North Delhi Municipal Corporation, a statutory body constituted and governed by the DelhiMunicipal Corporation Act, 1957, having its office at Dr. Shyama Prasad Mukherji Civic Centre, MintoRoad, New Delhi-110002 and acting through its Assistant Commissioner, R.P. Cell (hereinafter referred toas the “NDMC”/Licensor” which expression shall, unless repugnant to the context or meaning thereof bedeemed to include its successors, legal representatives, administrators and assigns) of the First Part;

AND

[______], a [company]/[partnership] validly incorporated/organised and registered under the [laws of[_________] with its [registered/corporate/head office] situated at [_______] and acting through itsauthorized representative______________ (hereinafter referred to as the “Licensee”, which expressionshall unless repugnant to the context or meaning thereof be deemed to include its successors, legalrepresentatives, administrators and permitted assigns) of the Other Part.

The NDMC and the Licensee shall hereinafter be individually referred to as the “Party” and collectivelyreferred to as the “Parties”.

WHEREAS :

A. The NDMC is the exclusive owner in possession of the land/building known as the ‘Cupand Saucer Restaurant’ along with the adjacent area marked in Schedule I (hereinafterreferred to as “Property” or “Licensed Premises”), situated adjacent to Minto Bridge atMinto Road, near Connaught Place, New Delhi and is competent to license the saidpremises along with open area constituted in the manner as may be specified from time totime.

B. The NDMC has decided to give on license the Licensed Premises by and through theTender process and in performance thereof invited tenders for granting of the LicensedPremises on license basis. The Notice to Invitation for Tender for the said license wasfloated on________ vide document No. _____________ (“Tender”).

C. The Licensee’s bid was accepted as the successful bid and an offer letter dated _________was given to the Licensee which was accepted by the Licensee vide letter of acceptanceNo. _____________ dated ________.

D. The Parties have in view of the terms and conditions set forth in the tender document andhereinafter, agreed to abide by and which shall form part of this Agreement.

[ 17 (N) ]

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER :

1. AWARD OF LICENSE

(a) The license provided under this Agreement is only a right to run and manage the LicensedPremises under the name of ‘Shennai Banquet Hall (“License”)’ and nothing hereincontained shall deemed to be a demise of the Licensed Premises or any part thereof so asto give the Licensee any interest therein. The Licensee shall use the Licensed Premisesonly for the purposes of running a restaurant as per the terms and conditions of thisAgreement and for no other purpose. That the License of the Licensed Premises shallonly permit the Licensee to occupy and use the Licensed Premises for stated purpose tillthe expiry of the period of License or termination thereof, whichever is earlier.

(b) The Licensee agrees and acknowledges that the Licensed Premises has been handedover to the Licensee on an “as is where is” condition. The word ‘as is where is” conditionmeans that condition of the Licensed Premises as on date of the Tender.

(c) The right of licensee shall be the right to use only and not of possession and the Licensorreserves the right of re-entry as mentioned above and no possession will be deemed tohave been transferred to the Licensee.

2. TERM AND RENEWAL OF LICENSE

(a) The term of the License granted by the Licensor to the Licensee shall be 5 (five) yearsfrom the Effective Date and shall expire on_________ (“Term”) subject to any extensionthereof granted by the Licensor.

(b) If the License is not terminated on account of any reason and is determined only due toefflux of time, an extension of License for a further period of five years may be grantedat the absolute discretion of the Commissioner, NDMC subject to the enhancement of theprevailing License Fee (as defined hereinbelow) by at least @ 100% of the currentLicense Fee and at terms and conditions to be decided by the Commissioner, NDMC.

(c) The one time renewal will be done only when the entire dues to be calculated on the basisof decision are paid in advance and satisfactory proof of up to date payment of electricityand water charges is submitted. For future also, the Licensee shall submit proof regardingclearance of electricity and water charges, after every six months i.e. in January and Julyevery year.

(d) Upon the expiry of the License and subject to extension provided by the Licensor orapproval granted under this Agreement, the Licensee shall hand over the peaceful posses-sion of the Licensed Premises in good condition along with fixtures, fittings, equipmentsand furnitures etc., as provided by the Licensor.

(e) The Licensee shall reimburse any loss or damage to the property of the Licensor inaccordance with the assessment conducted by the Licensor.

(f) On the expiry of the License or its earlier termination by the Licensor, as the case may be,the Licensee shall vacate the Licensed Premises forthwith and remove all its wares,equipments, furnishings etc. and in case of default the Licensor or its authorisedrepresentative(s) shall be fully entitled to get the Licensed Premises vacated without beingliable to damages or otherwise.

[ 18 (N) ]

3. LICENSE FEE AND SECURITY DEPOSIT

In consideration of the Licensee having agreed to allow the Licensee to use the LicensedPremises for the purposes as contemplated under this agreement, it is agreed that :—

(a) The Licensor shall pay to the Licensor a License fee as agreed to for the Term (“LicenseFee”) in addition to the service tax and other Government levies, as applicable from timeto time.

(b) For the first six months after the completion of the Free Period, the Licensee shall pay anamount equivalent to License Fee of six months in advance at the time of the execution ofthis Agreement.

(c) For the subsequent period of the remaining Term, the Licensee shall pay an amountequivalent to License Fee of three months in advance.

(d) In addition to the Licensee Fee payable, the Licensee has also deposited interest freeamount equivalent to 6 (six) months License Fee in advance by way of bank draft/localpay order in favour of Commissioner, NDMC (“Security Deposit”). The Licensee hasdeposited Rs.___________/- (Rupees ____________ only) vide G-8 No.__________dated ___________ prior to the execution of this Agreement.

(e) The Licensee shall ensure to keep the Security Deposit deposited till the expiry of theTerm or termination of this Agreement, whichever is earlier. The Security Deposit shallunder no circumstances be adjusted against the payment of License Fee. This SecurityDeposit is liable to be forfeited, if any of the terms and conditions herein contained, iscontravened or violated by the Licensee.

(f) If advance License Fee as required under clause 3(b) and 3(c) above is not paid beforeone month prior to the scheduled due dates of the payment of the License Fee in advance,the Security Deposit shall be forfeited. Additionally, the License will be cancelled and theLicensed Premises shall be vacated and peaceful possession of the Licensed Premisesshall be taken over by the Licensor without further notice to the Licensee who shall nothave any objection to the same.

(g) The Commissioner, NDMC may however, on receipt of request and clearance of all thedues mentioned above, allow the Licensee to continue on the existing License Fee or onsuch conditions as may be fixed by the Commissioner, NDMC at his absolute discretion.

(h) The Licensee shall be liable to be evicted from the Licensed Premises for default ofpayment of License Fee or breach of any term/condition of this Agreement.

(i) All payments to be made by the Licensee under this Agreement shall be by way demanddraft / local pay order only in favour of the Commissioner, NDMC.

4. LICENSE FREE PERIOD

(a) The Licensee shall be provided a license free period of 2 (two) months from the EffectiveDate or till the commencement of business by the Licensee from the Licensed Premises,whichever is earlier (“Free Period”) to undertake the work related to renovation andrefurbishment of the Licensed Premises from the inside.

(b) The Licensee shall not be responsible for the payment of the License Fee during the FreePeriod. However, other obligations of the Licensee shall commence from the EffectiveDate and continue to be applicable under this Agreement.

[ 19 (N) ]

5. OBLIGATIONS OF THE LICENSE

(a) The Licensee shall not permit the Licensed Premises or any part thereof to be used byanother person for any purpose whatsoever without the previous consent in writing of theCommissioner, NDMC and in default thereof shall be liable for forfeiture of License Feepaid in advance and Security Deposit and cancellation of the Agreement. The Licenseeshall neither introduce any new partner (in case of a partnership firm) nor transfer use ofthe Licensed Premises or part thereof or otherwise carry on the business in the LicensedPremises with any other person or assign, transfer, change or otherwise alienate his use ofthe Licensed Premises. Violation of this provision shall lead to termination of License andeviction of the Licensee from the Licensed Premises.

(b) The Licensee shall not create any encumbrance on the Licensed Premises nor shall sell oragree to sell the Licensed Premises. The Licensee shall also not represent itself/himselfas the legal owner of the Properties,

(c) The Licensee will furnish, renovate and decorate the Licensed Premises at the Licensee’sown expenses from inside as may be required for the business to be conducted for theLicense therefrom. Any change in the external structure will be kept to a minimum andwill be with the approval of the Licensor and subject to all clearances and approval underthe Laws and Bye Laws relevant for such changes. On determination of license thefurnishing, renovation, decoration, fixtures etc. shall become property of NDMC. Further,the Licensee shall undertake all repairs, at its own cost, as may be necessary to cause andensure that the Licensed Premises is maintained in good condition. Provided in case ofmajor repairs effecting the structure of the Licensed Premises shall require prior approvalfrom the Commissioner, NDMC.

(d) The Licensee shall not carry out any addition or alteration to the Licensed Premises andor any additional construction on the land/front/side courtyard other than what has beenpermitted in this clause 5(d) or electrical or sanitary or water installation in the saidpremises. No construction, alternation of permanent nature will be permitted without priorpermission.

If any additions, alterations or constructions are required by the Licensee arequest to this effect may be made in writing to the Commissioner, NDMC who mayeither reject such a request or consider the same on such terms and conditions as may bedeemed appropriate. Where any such addition, alteration, construction etc. are ultimatelycarried out, the Licensee shall not be entitled to remove the same or claim any compensa-tion whatsoever in respect of the same at time of vacation of the said premises. Someadditions, alterations and constructions leading to addition of space may call for extralicense fee to be paid by the Licensee to NDMC which shall be determined by theCommissioner, NDMC alone.

The Licensee shall make good of any damage caused to the premises. Thedecision of the Commissioner, NDMC on the question whether any damage is caused tothe premises and what amount of compensation would make good such damages be finaland binding on the parties hereto.

[ 20 (N) ]

(e) The Licensee shall utilize the Licensed Premises only for authorised purposes afterobtaining license which may be necessary under the provisions of the Delhi MunicipalCorporation Act, 1957 or any bye-laws made thereunder, the Delhi Shops andEstablishments Act, 1954 or any other law in force for the time being. The Licensee shallalso obtain and maintain all approvals as may be necessary and requisite in relation to theoperation, running, management and maintenance of the Licensed Premises includingobtaining relevant labor (such as Employees Provident Fund etc.), tax, environmental andother requisite and necessary registrations under applicable laws.

(f) No activity which is immoral, offensive, dangerous, illegal, creates nuisance shall becarried out at the Licensed Premises. Failure, if any, will lead forthwith to determinationof the License without assigning any reason and without service of the notice to theLicensee.

(g) The Licensee shall keep the veranda, compound, lane, by-lane and passage clear andfree. Failure, if any, will lead forthwith to determination of the license without assigningany reason and without service of the notice to the Licensee.

(h) The Licensee shall, at its own cost and expense, purchase and maintain during theTerm such insurances as are necessary and provide a certified copy thereof to theCommissioner, NDMC.

(i) The overall control and supervision of the premises licensed out shall remain vested in theNDMC whose officials at all reasonable hours shall be entitled to inspect the premiseswith respect to its bonafide use and in connection with fulfilment of other terms andconditions of the license.

(j) The Licensee shall maintain proper accounts and statements of income and expenses andsuch statements and accounts shall be made available to the Licensor as and whenrequested by the Licensor.

(k) The Licensee shall not represent to its employees that they are employees of NDMC orany Governmental Authority.

(l) The Licensee shall not enter into any agreement which violates any of the terms of thisAgreement.

(m) The Licensee shall fulfil and diligently comply with all the directions, general or special,issued by NDMC from time to time.

(n) The Licensee will be responsible for maintenance of services i.e. sweeping, lighting, publicconveniences, common passages etc. and repair and maintenance of the building.

(o) No claim shall, however, be made against NDMC in connection with maintenance ofservices or the building in any circumstances.

(p) The signboard/name plates shall be put in the form, design and dimensions approved bythe Commissioner, NDMC. The Licensee shall also display (in a legible and prominentmanner) the fact that the Licensee is running, operating, managing and maintaining theProperties as a Licensee of NDMC and that the Licensed Premises belongs to NDMC.

[ 21 (N) ]

6. PAYMENT OF DUES AND TAXES

(a) The Licensee shall with reference to the said premises in his use bear all charges forelectricity and water consumption.

(b) The Licensee shall pay or cause to pay charges for electricity and water (including meterhire charges), house tax and similar other charges, telephone calls and other facilities/utilities at the stipulated space immediately on receipt of bills/demand by the respectiveagencies/authorities providing/supplying the said services and entitled to said tax andcharges. In case of default, the Licensor/such other agencies/authorities may at theirdiscretion withdraw the facilities/utilities.

(c) The Licensee shall be liable to pay throughout the term of this Agreement, the propertytax, water tax and any other applicable taxes, duties and levies required for the operationsof the Licensed Premises.

7. REPRESENTATIONS AND WARRANTIES

(a) The Licensee hereby represents and warrants to the Licensor that :—

(I) In case the Licensee is a company :

(i) it is duly incorporated/registered under the applicable laws;

(ii) all approvals, as may be necessary for the execution of this Agreement and theperformance of its respective obligations under the Agreement have beenobtained;

(iii) it has the power and authority to execute, deliver and perform its respectiveobligations under this Agreement;

(iv) the execution and performance of this Agreement has been duly authorized andapproved and that it does not require any further authorizations or consents;

(v) this Agreement upon execution and delivery shall be a legal, valid and bindingobligation enforceable in accordance with its terms;

(vi) the execution and delivery of this Agreement and the performance of itsrespective obligations under this Agreement does not violate or contravene orconstitute a default under any Applicable Law or Approvals or the provisions ofany documents, contracts, agreements or any other instruments to which it is aparty or which are applicable to it;

(vii) all statements and submissions made by it in the bid are true, accurate andcomplete in all respects and that it has neither made any statements orsubmissions in its bid which are false or misleading nor withheld any informationwhich if made available to the Licensor would have resulted in the Licensor notawarding the contract to it;

(viii) neither the Licensee nor its directors are a party to any litigation, dispute,arbitration or inquiry (actual, threatened or pending) which if decided against theLicensee or its directors (as the case may be) will have an adverse impact on theability of the Licensee to perform its obligations under the Agreement;

[ 22 (N) ]

(ix) neither the Licensee nor its directors have been convicted of any economic orcriminal offence or an offence of moral turpitude; and

(x) neither the Licensee nor its directors have ever been disqualified from any centralor state government contract or blacklisted from participating in any central orstate government contract.

(II) In case the Licensee is a partnership firm :

(i) it is duly registered under the applicable laws;






(vii) all statements and submissions made by it in the bid are true, accurate andcomplete in all respects and that it has neither made any statements or submis-sions in its bid which are false or misleading nor withheld any information which ifmade available to the Licensor would have resulted in the Licensor not awardingthe contract to it;

(viii) neither the Licensee nor its partners are a party to any litigation, dispute,arbitration or inquiry (actual, threatened or pending) which if decided against theLicensee or its partners (as the case may be) will have an adverse impact on theability of the Licensee to perform its obligations under the Agreement;

(ix) neither the Licensee nor its partners have been convicted of any economic orcriminal offence or an offence of moral turpitude; and

(x) neither the Licensee nor its partners have ever been disqualified from any centralor state government contract or blacklisted from participating in any central orstate government contract.

(III) In case the Licensee is an individual :

(i) he has the legal capacity to enter into the Agreement and perform his obligationsunder the Agreement;

(ii) this Agreement upon execution and delivery shall be a legal, valid and bindingobligation enforceable in accordance with its terms;

[ 23 (N) ]

(iii) the execution and delivery of this Agreement and the performance of itsrespective obligations under this Agreement does not violate or contravene orconstitute a default under any Applicable Law or the provisions of any documents,contracts, agreements or any other instruments to which he is a party or whichare applicable to him;

(iv) all statements and submissions made by him in the bid are true, accurate andcomplete in all respects and that he has neither made any statements orsubmissions in his bid which are false or misleading nor withheld any informationwhich if made available to the Licensor would have resulted in the Licensor notawarding the contract to him;

(v) he is not a party to any litigation, dispute, arbitration or inquiry (actual, threatenedor pending) which if decided against the him will have an adverse impact on hisability to perform his obligations under the Agreement;

(vi) he has not been convicted of any economic or criminal offence or an offence ofmoral turpitude; and

(vii) he has never been disqualified from any central or state government contract orblacklisted from participating in any central or state government contract.

(b) The Licensor represents and warrants to the Licensee that :

(i) it has the power and authority to execute, deliver and perform its respectiveobligations under this Agreement;

(ii) the execution and performance of this Agreement has been duly authorized andapproved and that it does not require any further authorizations or consents;

(iii) this Agreement upon execution and delivery shall be a legal, valid and bindingobligation enforceable in accordance with its terms;

(iv) the execution and delivery of this Agreement and the performance of its respectiveobligations under this Agreement does not violate or contravene or constitute a defaultunder any Applicable Law or Approvals or the provisions of any documents,contracts, agreements or any other instruments to which it is a party or which areapplicable to it; and

(v) It is the legal owner of the Licensed Premises and has the authority to issue theTender and award the contract.

(c) The representations and warranties set out in clauses 7(a) and 7(b) are given as on theEffective Date.

(d) In the event that any occurrence or circumstance comes to the attention of either Partythat renders any of its aforesaid representations untrue or incorrect, such Party shallimmediately notify the other Party of the same. Such notification shall not have the effectof remedying any breach of the representation or warranty that has been found to beuntrue or incorrect nor shall it adversely affect or waive any right, remedy or obligation ofeither Party under this Agreement.

(e) Each representation and warranty is to be construed independently of the others and is notlimited by reference to any other representation or warranty.

(f) Each Party hereby represents and warrants to the other Party that none of itsrepresentations and warranties or statements contained in this Agreement contain anyuntrue statement of fact or omits to state any fact necessary in order to make any of suchrepresentations and warranties or statements not misleading.

[ 24 (N) ]

8. TERMINATION

(a) The Licensor reserves the right to revoke the License at any time by giving 3 (three)months notice in writing and it shall not be obligatory on the part of the Licensee to assignany reason to the Licensee for such revocation. If the Licensed Premises is required byNDMC or any other govt. agency, a notice of 3 (three) months will be served upon theLicensee for vacation. The Licensee shall pay the arrears of the License Fee, if any,before ceasing to use and in default render himself liable to be sued for recovery ofarrears and necessary legal expenses.

(b) The Licensee shall give at least 3 (three) months notice in writing of ceasing to use theLicensed Premises or pay 3 months License Fee, in lieu of notice period in caseimmediate possession is handed over.

(c) If the License Fee hereby reserved or any part thereof shall at any time be in arrears orremain unpaid after the due date or if the Licensee at any time fails or neglects to performor to observe any of the terms and conditions and covenants herein contained and on hispart to be observed and performed and in any such case the Licensor may withoutprejudice to their other rights by giving 1 (one) month notice in writing to the Licenseedetermine the License and re-enter upon the Licensed Premises. The Licensee shall, uponsuch determination, peacefully stop use of the Licensed Premises without any right tocompensation whatsoever and thereupon this License shall be absolutely determinedwithout prejudice to any antecedent breach of terms and conditions and covenants on thepart of Licensee.

(d) The License shall stand ipso-facto terminated without any right of compensationwhatsoever to the Licensee in any of the following events that is to say :—

(i) If the Licensee being an individual dies or being a firm is dissolved or being acompany is liquidated or the Licensee at any time be adjudged insolvent or hasreceived order for administration of his/their estate made against him or has taken anyproceedings for liquidation or composition under any Insolvency Act, for the timebeing in force or make any conveyance or assignment of this effects or enter into anyarrangement or composition with his/their creditors or suspend payment or shallintroduce a new partner or shall change the constitution of the partnership firm or ifthe firm be dissolved under the Partnership Act, 1932.

(ii) If the Licensee being a company shall pass resolution or the court shall make an orderfor the liquidation of its affairs or a receiver or manager on behalf of the debentureholders shall be appointed or circumstances shall have arisen which entitle the courtof debenture holder to appoint a receiver or manager :—

Provided always that such determination shall not prejudice any right of action orremedy which shall accrue or shall accrue thereafter to the Licensor.

(e) A joint inspection of the Licensed Premises shall be undertaken by the Licensor toascertain the physical condition of the Licensed Premises and for ascertaining any dam-age caused to the Licensed Premises.

(f) In case, the License is determined for any other reason(s), NDMC reserves the right toask the Licensee to run the Licensed Premises for some time on the existing or mutuallyagreed terms and conditions of License and in such a case Licensee is bound to acceptthe NDMC’s offer. This may be required in view of NDMC’s tendering process forselection of new successful bidder without disruption of services to the public for whichthe Licensed Premises is earmarked.

[ 25 (N) ]

9. NO ASSIGNMENT, SUB-LICENCING AND SUB-CONTRACTING

(a) The Licensee shall not have right to assign their rights/obligations under thisAgreement without prior written consent of the Licensor.

(b) No letting of the Property will be allowed under any circumstances. In the event ofletting, the deposits will be forfeited and the License cancelled.

(c) That change in hand in favour of legal heir/heirs of the Licensee may only be permittedfree of charge, if the same is informed to the R.P. Cell, NDMC of the Licensor within1 (one) month and thereafter with a charge of Rs. 10,000/- (Rupees Ten Thousand only)per month on the same terms and conditions of allotment. In case of death of partner(s)the legal heirs will form partnership or the legal heir(s) of deceased partner will furnish NoObjection Certificate in favour of the new partner(s), the documents will be consideredfor continuation of the License at the prevailing terms and conditions. In case of nosurviving legal heir, the License will be determined and no person other than legal heir(s)will be permitted in any circumstances.

10. INDEMNIFICATION

(a) The Licensee shall indemnify, defend and hold NDMC harmless against any or allproceedings, actions and third party claims arising out of :

(i) A breach by the Licensee of any of its obligations under the Agreement; or

(ii) any fault by the Licensee during the course of and in relation to the use of Property;or

(iii) Failure of Licensee to comply with applicable laws and applicable permits; or

(iv) Failure in payments of taxes relating to the Licensee’s suppliers and representative’sincome or other taxes required to be paid by the Licensee; or

(v) On-payment of amounts due as a result of materials or services furnished to theLicensee which are payable by Licensee.

(b) NDMC shall never be liable to pay, compensate or indemnify for any loss, damages, costetc. to the Licensee.

11. NOTICE

(a) Unless otherwise stated, notices to be given under this Agreement including but not limitedto a notice of waiver of any terms, breach of any term of this agreement and terminationof this Agreement shall be in writing and shall be delivered by hand at their respectiveaddresses set forth below :

If to NDMC : The Assistant Commissioner,R. P. CellNorth Delhi Municipal CorporationSPM Civic Centre,New Delhi-110002.

If to the Licensee :

(Name & address of Licensee)

(b) Any notice to be given to the Licensee under the terms of this License shall be consideredto be duly served, if the same has been affixed on the outer door or any other conspicuouspart of the Licensed Premises.

[ 26 (N) ]

12. GOVERNMENT LAW AND JURISDICTION

This Agreement shall be construed and interpreted in accordance with and governed by thelaws of India and the courts at Delhi shall have exclusive jurisdiction over all matters arising out relating tothis Agreement. No other court shall have jurisdiction in the matters arising out of or related to thisAgreement.

13. MISCELLANEOUS

(a) This Agreement and the schedules together constitute a complete and exclusive statementof the terms of the Agreement between the Parties on the subject here on and onamendment or modification hereto shall be valid and effective unless agreed to by all theParties hereto and evidenced in writing.

(b) This Agreement may be executed in one or more counterparts, each of which shall bedeemed an original and all of which, taken together, shall constitute one and the sameinstrument, provided all the Parties have signed each such counterparts.

(c) In the event there is an accumulation of arrears of License Fee for three months theLicensee shall be treated as an unauthorized occupier and shall be evicted/dispossessed ofthe premises without any notice.

(d) This Property shall never come under the purview of conversion from license to lease-hold/freehold under any circumstances.

(e) The bid documents and the Tender shall form a part of this Agreement.

(f) The stamp duty on this deed shall be borne by the Licensee.

(g) NDMC reserves the right to amend, modify or alter any or all terms and conditions of thisagreement for which a notice may be given to the Licensee.

In token of the acceptance of the above terms and conditions, the parties have set theirsignature as hereunder on this_________ day of_________ 2012.

Signature of Licensee Signature ofAssistant Commissioner (RPC)

On behalf of NDMC (Licensor)

Witness :—

1. _______________________

2. _______________________

[ 27 (N) ]

SCHEDULE—I

LAYOUT PLAN OF THE LICENSED PREMISES

For Newspapers

NOTICE INVITING TENDER

(for allotment of ‘Cup and Saucer Restaurant’)

North Delhi Municipal Corporation (NDMC) desires to allot the ‘Shehnai Banquet Hall’situated adjacent Asaf Ali Road, New Delhi which is an ideal place for restaurant and allied activities onlicense fee basis for a period of 5 years on “as is where is” basis. Any person (except a minor) havingrelevant business experience with annual turnover of Rs. 10,00,00,000/- (Rupees ten crores only) andabove in hotel, restaurant and allied business and showing profit in last three years, not barred/blacklistedby NDMC or any government department is eligible to participate in the bidding process. The reservedminimum license fee is Rs. 10,00,00,000/- (Rupees ten crores only) per month and EMD to be deposited isRs. 30,00,00,000/- (Rupees thirty crores only).

The bid is invited under two bid system (technical bid and financial bid). The tenderdocuments can be obtained from the office of the Asstt. Commissioner, R.P. Cell, 16th floor, Civic Centre,JLN Marg, New Delhi, from_________________ at 11-00 AM to______________ upto 2-00 PM onworking days against payment of Rs. 5,000/- (Rupees five thousand only) in cash or in the form of ademand draft, in favour of Commissioner, NDMC payable at Delhi. The bid form can also be downloadedfrom NDMC’s website i.e www.mcdonline.gov.in and in such case, Rs. 5,000/- (Rupees five thousandonly) must be paid either in cash or by a demand draft before submitting the bid. For any assistance, theperson may also contact at 011-23227505. The bid will not be accepted if the said amount is not paid.

The last date and time of receipt of bids is ___________.

Sd/-


[ 28 (N) ]

Item No. 54 :— Allotment of Cup & Saucer Restaurant at Minto Road, New Delhi on

License fee basis.

Commissioner’s letter No. F. 33/RPC/305/C&C dated 21-11-2012.

1. North Delhi Municipal Corporation has a site for Cup & Saucer Restaurant, Minto Road,

Delhi. Earlier this site had been allotted on license fee basis and after prolonged litigations, MCD has

regained possession of this site from the previous Licensee.

2. It will, therefore be in the interest of the Corporation, in view of revenue, as well as of

citizens, including local residents/inhabitants that this site is allotted for operation as a Restaurant and Food

Catering Services.

3. During the licence period, the licensee shall be responsible to maintain the licensed premises in

good condition, to the satisfaction of the NDMC, and ensure all kinds of repairs/re-painting/replacement (if

required) of electrical & sanitary fixtures & fittings/provision of looking mirrors in toilets/electrical

back-up, etc. at his own cost and NDMC shall not incur or grant any remission or any discount whatso-

ever in the licence fee, on this account. The responsibility of the project, its smooth operation &

maintenance, during the licence period, shall rest only with the licensee.

4. It is, therefore, proposed to allot the site for Cup & Saucer Restaurant at Minto Road, New

Delhi, on open tender-cum-auction basis and bids may be allowed to be invited for the same and processed

on the basis of the tender document (enclosed).

5. A detailed tender document duly vetted by Standing Counsel of North Delhi Municipal

Corporation has been drafted and enclosed for information.

6. The matter may, therefore, be placed before the Standing Committee/Corporation for

consideration and approval, as an item of ‘Urgent Business’.

[ 29 (N) ]

(For Sale/Website)

A GOLDEN OPPORTUNITY IN THE HEALTH OF DELHI

(Space for Photo)

NOTICE INVITING TENDER FOR ALLOTMENT OF CUP & SAUCER RESTAURANT ONLICENSE FEE BASIS

Sealed bids are invited by the Remunerative Projects Cell (“RP Cell”) of the North DelhiMunicipal Corporation (“NDMC”) under two bid system (Enevope-1 containing technical bid/documents& Form-I, Envelope-2 containing financial bid in Form-II) in prescribed Tender Forms (Form-I andForm-II) for allotment of Cup & Saucer Restaurant (“Site”) on license fee basis for a period of 5 years on‘as is where is’ basis. The said restaurant is situated adjacent to Asaf Ali Road, Delhi. It is an ideal placefor banquet hall.

I. The salient conditions of the tender for allotment on license basis are as under :—

1. The allotment will be made for a period of 5 years which may be further extendable foranother 5 years’ term at the absolute discretion of Commissioner, NDMC and subject toat least 100% enhancement on the prevailing license fee. It may be noted that this Siteshall never be a subject of conversion to lease/freehold etc under any circumstance.

2. The reserved minimum license fee is Rs. 14,40,000/- (Rupees fourteen lacs forty thousandonly) per month (“MLF”). The bid by a bidder has to be above the aforesaid MLF.

3. The Earnest Money Deposit (“EMD”) to be deposited by the Bidder is Rs. 45,00,000/-(Rupees forty five lacs only). The EMD must be paid by the bidder by way of a bankdraft/local pay order drawn in favour of ‘Commissioner, North Delhi MunicipalCorporation of Delhi’ along with tender form and should be enclosed along with technicalbid itself.

4. Any person (other than a minor) having yearly business turnover of Rs. 10,00,00,000/-(Rupees ten crores only) and above and having profit in the last three years is eligible fortaking part in the tender. The said turnover and profit shall be solely with respect to thehotel restaurant and allied business and not with respect to any other business. Theperson— individual (other than a minor), partnership firm, company, Association of Per-sons should have PAN and TAN and should be registered with Sales Tax and Service TaxDepartments etc. The bidders who have not cleared any past dues of NDMC, or whohave been blacklisted by any government body are not eligible to participate in the bid.

5. In case of consortium bidding for the license, not more than three members are allowedfor such participating consortium. A lead member shall be nominated from the consortiumand at all times, the lead member should have atleast 51% (fifty one percent) shareholdingof the consortium. The consortium members should have also executed a memorandum ofunderstanding which should contain well defined roles and responsibilities of each of theconstituting members of the consortium. The consortium members shall execute a powerof attorney in favour of the lead member to submit the bid and to execute the licenseagreement as per the form provided herein. The lead member shall be responsible for allthe acts and undertakings of the other consortium members.

[ 30 (N) ]

6. No change of the individual, proprietorship, or constituents of the partnership, consortiumor bidding company shall be made without the prior permission of the Commissioner,NDMC. Provided, the Commissioner, NDMC may in certain exceptional circumstancesallow for such change in case of a partnership firm or consortium provided the replacingperson has qualifications which is similar or better than that of the outgoing person.

Additionally, in case of a bidder which is a company or a company which is a partof any consortium, any transfer of the equity share capital of the company shall be afterthe prior written approval of the Licensor.

7. There should not be common members in competing consortiums. Competing consortiumsor competing bidders having any direct or indirect relationship including but not limited tohaving common directors, common partners, common shareholders, common authorisedsignatories or common advisors shall be disqualified.

8. The intending bidders are advised to inspect the Site and surrounding areas before filingtheir bids. It is also presumed that the bidders have acquainted themselves and are fullyaware of all local conditions. No dispute regarding position, area and condition of the Siteand surrounding areas will be entertained after filing the bids. The premises can beinspected during normal working hours by the bidders themselves or by contacting theoffice of the Assistant Commissioner, RP Cell, NDMC whose office is situated at 16th

floor, Civic Centre, JLN Marg, New Delhi or the office of the Dy. Commissioner, CityZone situated at Underground Parking, Opp. Delite Cinema, Asaf Ali Road, New Delhi.Their phone numbers are 23226602 & 23226610 respectively.

9. The bidder should sign on each page of the bid. Since dual tender system is being adopted(technical & financial), it may also be noted that financial bid shall not be opened in caseof those bidders whose technical bid is not accepted/approved. Conditional bids and bidswithout EMD shall be summarily rejected. There should be no correction/overwriting/alteration in the Financial Bid and such bids shall be summarily rejected.

10. The technical bid and the financial bid should be in separate envelops and properly sealed.On each sealed envelope the name of the tender and the site as well as the name andaddress of the bidder should be clearly mentioned. Unsealed tender will be rejectedsummarily. Each envelop must be suitably super scribed “Technical Bid” and “FinancialBid”.

11. No bidder shall be permitted to withdraw, surrender or modify his bid on any groundwhatsoever. Change in neither name of bidder nor any conditions in the bid will be allowedunder any circumstances. In the event of any discrepancy between words and figures, theamount in words shall prevail. Withdrawal or surrender of bid shall lead to forfeiture of theamount of EMD. This shall be without prejudice to other rights or remedies that may beavailable to NDMC.

12. The EMDs of all unsuccessful Bidders (other than such Bidders whose Bids have beenrejected on ground amounting to forfeiture of the EMDs) will be refunded, without anyinterest, after the offer letter has been accepted by the successful Bidder and theintimation thereof has been received by the NDMC.

13. The EMD shall not carry any interest on any account whatsoever.

[ 31 (N) ]

14. The successful Bidder will be intimated about the acceptance of his/its Bid. Hence, noenquiry in this regard need be made. Canvassing in any form shall invite disqualificationfrom the bidding process.

15. Bidders should note that :—

(I) if they withdraw their Bid after their technical Bid has been accepted, or

(II) in case successful bidder fails to execute the License Agreement within 15 (fifteen)days from the date of receipt of the offer letter from the NDMC,

(III) if they conceal any material information or make incorrect and misleading statementsor misrepresent facts in their Bid, or

(IV) Try to influence NDMC or any of its officials in relation to the evaluation of Bids,NDMC shall have the right to forfeit their EMD and blacklist them from participatingin any future tenders issued by NDMC.

16. Bids should remain valid for a period of 90 days from opening of the price bid.

17. In exceptional circumstances and at its sole discretion, NDMC may require an extensionof the bid validity period. The request and the responses thereto shall be made in writing(or by E-mail or fax). The EMD provided shall also be suitably extended. A Bidder mayrefuse such request for extension without forfeiting the EMD. A Bidder granting therequest shall not, however, be permitted to modify his bid.

18. Bids must be received by NDMC at the address specified not later than the time and dateas specified in the schedule below. In the event of such date being declared a holiday,such date and time would be extended by one business day.

19. NDMC may, at its sole discretion, extend the last date and time for submission of the bidand amend the Tender by amending the Tender documents. In such a case, all rights andobligations of NDMC and Bidders previously subject to the last date and time willthereafter be subject to the extended date and time.

20. During evaluation of Bids, NDMC may, at its discretion, ask a Bidder for further clari-fications and/or information. The request for clarification and the response thereto shallonly be in writing. The Bidder shall have to reply to the clarification within 7 BusinessDays from the date of receipt of the request failing which the Bid of such a Bidder shallbe rejected and NDMC shall have the right to forfeit the EMD of such Bidder.

21. NDMC will scrutinize all Bids to determine whether or not (a) the Bids are complete,(b) computational errors have been made, (c) the required EMD has been furnished, (d)the documents have been properly signed, and (e) the Bids are generally in order.

Bids from representatives, without the tender fee and proper authorization from Biddersshall be treated as non-responsive and shall be rejected.

22. In event of the highest bidder is disqualified or on account of any reason, the NDMC maycall the second highest bidder and may give the offer letter for the license to such bidderprovided, the second bidder matches the amount quoted by the highest bidder and depositsthe EMD (if not already refunded by the NDMC) within with a period of 15 (fifteen) daysfrom the intimation in writing by NDMC.

[ 32 (N) ]

23. No Bidder shall contact NDMC or any of its officials on any matter relating to any Bidfrom the last date for submission of the bid till the issue of the offer letter to thesuccessful bidder.

24. The technical bid in addition to Form-I and EMD must at least contain the followingdetails/documents duly certified by the director or authorised person, as applicable :—

(a) Name(s), complete address(es), correspondence address(es) and contact numbers ofthe bidder;

(b) Names and addresses of all the persons—members, partners or directors in case thebidder is AOP, Partnership firm or Company;

(c) Names and addresses of all partnership firms and companies in which bidder beingthe individual/members of AOP are partners/directors as the case may be (in case ofdirectorship, DIN—Director Identification Number of the person must also be quoted);

(d) Shareholding pattern of each of the companies bidding either individually or as a partof a consortium.

(e) Bank name and branch of the bidder (enclose a copy of blank cheque or a cancelledcheque along with a photocopy of the passbook/bank statement as proof thereof);

(f) Copies of Profit & Loss account and Balance Sheet of the bidder for the last 3financial years certified by the Chartered Accountant;

(g) A certificate from the auditor stating the turnover of last three years in the hotel,restaurant and allied business;

(h) A declaration by way of an affidavit that bidder and any entity as in (b) & (c) arenever barred, disqualified or blacklisted by NDMC or erstwhile Municipal Corporationof Delhi;

(i) A declaration by way of an affidavit giving details of any pending litigation with theMunicipal Corporation of Delhi or NDMC vis-a-vis the bidder and any entity as in(b) & (c);

(j) It is expected that the bidder shall have experience of at least 3 years in hospitalitybusiness or running/managing eateries or banquet hall(s) or barat ghar(s) or indoor/outdoor catering. Any documentary evidence duly certified by the bidder showing theaforesaid proof of experience;

(k) Affidavit in the form provided in Annexure A hereof;

(l) Memorandum of Understanding in case of consortiums which should among otherthings include the constituting shareholding and obligations of each constituent;

(m) Power of Attorney in favour of the lead member to submit the tender document andfor giving the authority to execute the license agreement on behalf of all theconsortium members in the form provided in Annexure ‘B’ hereof;

(n) A write up/proposal to furnish, furbish and run the Site for the stated purpose;

(o) Any other document that a bidder may deem fit to establish his credentials andtechnical competence for the purpose of running ‘Cup and Saucer Restaurant’.

[ 33 (N) ]

25. The Financial bids of only those bidders whose technical bids have been accepted byNDMC will be opened and considered. Acceptance of the technical bid shall be based onthe information furnished and evidences enclosed in support of various claims made by thebidder in the technical bid (as indicated at 23 above) and shall be subject to satisfaction ofthe NDMC’s Tender Committee for which the Committee may choose to haveparameters and evaluation criteria and in case a marking system for evaluation criteria isdecided by the Committee the same will be finalised and sealed before opening of thetechnical bids. Ranking of successful technical bids, if made, will have no bearing onevaluation of financial bids. The highest financial bidder, subject to all other qualifications,will be declared successful and considered for award of the license. The confirmation ofthe successful bidder shall be the sole discretion of the Commissioner, NDMC who doesnot himself bind to confirm the highest financial bidder and reserves to himself the right toreject all or any of the bids without assigning any reason.

26. While the Financial Bid must quote the annual license fee for initial 5 years, it may quoteany additional payments that the bidder proposes to make to NDMC and the annuallicense fee for subsequent 5 years (which has to be at least double of that of the 1st5 years). Quote for—2nd 5 year is relevant in case the Commissioner, NDMC decides toextend the license for another 5 years term.

27. The bidder shall keep his offer valid for at least a period of six months from the date ofopening of bid. The validity of bid may be extended with the consent of the bidder.

28. MCD reserves the right to cancel the tender at any stage either before or after theallotment with or without assigning any reason whatsoever and without payment of anydamages, if any, whatsoever to the bidders/successful bidders.

29. Soliciting favours canvassing or attempting to influence the bid in the tendering process inany manner/form will disqualify the bidder and such bids will be rejected summarily.

30. Any effort by a Bidder to influence NDMC or any of its officials in relation to NDMC’sbid evaluation, bid comparison or contract award decisions shall result in rejection of suchBidder’s bid and forfeiture of the EMD and such other action as NDMC may at itsdiscretion determine.

31. Any postal delay or loss in transit will not bind NDMC.

32. Evaluation of Bids would be in accordance with the provisions of law.

33. In case of dispute between NDMC and any Bidder the decision of Commissioner NDMCwill be final subject to concerned Bidder being given a hearing before taking any decision.

34. Offer letter will be sent to the successful bidder who shall send an acceptance of saidoffer complying to the relevant conditions laid down in the offer letter within 10 days ofthe said offer letter. The successful bidder may be handed over the Site Cup & SaucerRestaurant pending signing of the license agreement which should be signed within onemonth of the receipt of the acceptance letter of the license with the Assistant Commis-sioner, R.P. Cell, NDMC.

35. The execution of the License Agreement shall constitute the formation of a valid contract.

[ 34 (N) ]

36. License period will commence from the date ‘Cup & Saucer Restaurant’ is handed overto the successful bidder/licensee. However, to undertake the renovation and refurbishmentof the Site, the licensee shall be provided a free license period of upto two months or tillthe date of commencement of business, whichever is earlier. Free license period meansthe licensee will be exempted from the payment of the license fee.

37. The licensee cannot transfer the license or the operation of ‘Cup & Saucer Restaurant’ toany other person.

38. If the bid is not accepted, the EMD will be refunded within 3 months of opening of thefinancial bids without any inertest. Such bidders shall have to collect the same in personfrom the office of Asstt. Commissioner, R.P.Cell, NDMC.

39. It shall be deemed that by submitting a Bid that the Bidder has :—

(i) Made a complete and careful examination of the Bid Document;

(ii) Received all relevant information requested from the NDMC;

(iii) Satisfied itself about the condition of the Site as of the date of the submission of thebid.

(iv) Satisfied itself about all matters, things and information with respect to the Sitehereinabove necessary and required for submitting an informed Bid, execution ofLicense Agreement in accordance with the Bid Document and performance of all ofits obligations there under;

(v) Acknowledged and represented that it does not have a Conflict of Interest, and

(vi) Agreed to be bound by the undertakings provided by it under and in terms hereof.

40. At any time prior to the last date of submission of the bids, NDMC may, for any reason,whether at its own initiative or in responses to clarifications request by any an Bidder,modify the Tender by the issuance of an Addenda. Any Addendum thus issued will be sentin writing to all those who have purchased the Tender. The information would also beavailable on the website. In order to facilitate the Bidder reasonable time for taking anAddendum into account, or for any reason, the Authority may, in its own discretion, mayextend the last date of submission of the bids.

41. The tender forms can be obtained from the office of the Asstt. Commissioner, R.P. Cell,16th Floor, Civic Centre, JLN Marg, New Delhi, from________________ at 11-00 AMto______________ upto 2-00 PM on working days against payment of non-refundableamount of Rs. 5,000/- (Rupees five thousand only) in the form of a Demand Draft, infavour of Commissioner, NDMC payable at Delhi as tender fee. The bid form can alsobe downloaded from NDMC’s website i.e www.mcdonline.gov.in and in such cases thecost of which shall have to be deposited alongwith the Bid before its submission. The bidwill not be accepted if the said amount is not paid.

42. A sample license agreement is enclosed with this tender document and NDMC reservesthe right to amend and modify this sample license agreement to be signed as agreementbetween NDMC and the licensee. Intending bidders are advised to go through this NIT,the sample license agreement and the prescribed tender forms together and alongwith theDMC Act and any other law in force that may be relevant for this tender and for runningof the Site on license basis.

[ 35 (N) ]

43. Disclaimer :—The information contained and the terms and conditions set out in thisdocument or elsewhere provided to intending bidders is not an agreement/offer to anyparty. The purpose of this document does not purport to contain all information to assist inthe formulation of bids. It is not possible for NDMC to consider the investment objectives,financial situation and particular need(s) of a bidder. Each bidder should conduct its owninvestigation and analysis, and should check the accuracy, reliability and completeness ofthe information in this document and obtain independent information and advice fromappropriate sources. NDMC does not make any representation/warranty and shall incurno liability financial or otherwise under any law, statue, rules or regulations as to theaccuracy, reliability or completeness of this document. NDMC may in its absolute discre-tion, but without being under any obligation to do so update, amend or supplement theinformation in this document.

II. Schedule of dates and venue for the tender is as follows :—

1. Date of start of sale of tender documents

2. Date and time of close of sale of tender documents

3. Date of start of receipt of bids

4. Last date and time for receipt of bids

5. Date and time for opening of bid :—

(a) Technical bid

(b) Financial bid

6. Venue for all above 1 to 5

Any change in above, if made, shall be notified on the NDMC website www.mcdonline.org.in.It will not be possible for NDMC to inform the bidders individually of any changes in the schedule.

Sd/-


Copy to :—

(1) OSD (RP Cell))/NDMC

(2) DCA(HQ)

(3) DLO(HQ)/NDMC

(4) AC(L&E)/NDMC

(5) ALO(L&E)/NDMC

(With request to make it convenient to attend the pre-bid meeting and for opening of tendersas per scheduled date & time)

[ 36 (N) ]

Copy :—

(1) Director (P&I) with request for publication of the NIT in three leading newspapers;

(2) Chief Director (IT) with request for uploading it along with the sample license agreement

and the Tender Form on MCD website as a public notice in a downloadable format with

access to all.

Copy :—

(1) DCs of Zones with request for display on the notice boards in their offices;

(2) Notice Board

Copy for information to :—

(1) Hon’ble Mayor

(2) Chairman Standing Committee

(3) Leader of the House

(4) Leader of the Opposition

(5) Commissioner, MCD

(6) Addl. Commissioner (Edu. & Health)

(7) CA-cum-FA

(8) E-in-C

(9) Dir. of Vigilance

Sd/-

Asstt. Commissioner

(R.P. Cell)/NDMC

[ 37 (N) ]

III. Application Forms for Technical and Financial Bids

Form-I (for technical bid)

Tender Form No :___________

Cost : Rs. 5,000/- (includes cost of both financialand technical bid forms)


To


Subject :— Tender for allotment of ‘Cup & Saucer Restaurant’ at Minto Road, New Delhion licence fees basis.

Sir,

With reference to your advertisement inviting tenders for allotment of ‘Cup & SaucerRestaurant’ on licence fee basis for 5 years, I/we tender as under :—

1. Details of enclosed Bank Draft in favour ofCommissioner, NDMC, representing earnestMoney deposit, (minimum Rs. 30,00,000/-




2. In case tender form is downloaded fromNDMC’s website details of Draft towardscost of tender form (Rs. 5,000/-)




3. Particulars of tenderers in case of individuals

(a) Name of the applicant (In Block Letters) ______________________________

(b) Age ______________________________

(c) Father’s Name ______________________________

(d) Complete address for communication (with proof) ______________________________

(e) Permanent residential address ______________________________

(f) Telephone No. & Mobile No. ______________________________

(g) E-mail ID ______________________________

(h) PAN/TAN ______________________________

[ 38 (N) ]

4. In case of firm/Company/A.O.P.(a) Name of the Firm/Company/A.O.P

with PAN/TAN/Registration with SalesTax, Service Tax Departments etc. ______________________________

(b) Name of Proprietor/Partners/Director ______________________________(In Block Letters)

(c) Present address for communication ______________________________(with proof)

(d) Permanent Address ______________________________(e) Telephone No. & Mobile No. ______________________________(f) E-mail ID ______________________________

5. Copy of STCC certificate ______________________________6. Details of

(a) Business turn over (in hotel, restaurant andallied business) for the last 3 years as per dulyAudited accounts (certificate from CA) ______________________________

(b) Profit during the last 03 years as per IT Returns ______________________________(certified from CA)

(c) Profit in hotel, restaurant and allied business)during the past 3(three) years(certified from CA) ______________________________

7. Detailed terms and conditions and format oflicence deed etc. duly signed by the tendererin token of acceptance ______________________________

8. Disclosure & documents as per para 23of NIT for the purpose of technical bidevaluation ______________________________

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the ‘Cup & Saucer Restaurant’ “described above, under the terms and conditions of thelicence tender of such rights which I/We have read and understood and hereby accept/which are accept-able to the tenderer (attached herewith). I/We tenderer will pay the monthly licence fee regularly andcomplete the licence deed in the form enclosed in accordance with the said conditions.

(Signature of the Tenderer)Name of the Tenderer_________________(in block letters)Seal of the concerned (other than individual)

For Office Use Only

Bid accepted/rejected with reasons.

[ 39 (N) ]

Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)


To


Subject :— Tender for allotment of ‘Cup & Saucer Restaurant’ at Minto Road’, New Delhion licence fees basis.

Sir,

With reference to your advertisement inviting tenders for allotment of ‘Cup & SaucerRestaurant’ on licence fee basis for 5 years, I/we tender as under :—

1. Tender form number : ___________________________________

2. Monthly licence fee offered for 1st05 years (to be mentioned in roundfigures in words) : ___________________________________

3. Monthly licence fee offered for 2nd 5 years(in case of extension)(to be mentioned in round figures in words) : ___________________________________

4. Any other additional offer that tender purpose : ___________________________________

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the ‘Cup & Saucer Restaurant’ described above, under the terms and conditions of thelicence tender of such rights which I/We have read and understood and hereby accept/which are accept-able to the tenderer (attached with technical bid). I/We tenderer will pay the monthly licence fee regularlyand complete the licence deed in the form enclosed in accordance with the said conditions.

(Signature of the Tenderer)Name of the Tenderer_________________(in block letters)

Seal of the concerned (other than individual)

[ 40 (N) ]

IV. Annexure ‘A’

FORM OF AFFIDAVIT

I,______________________________, son/daughter/wife of________________________resident of_______________________________________________ Director/Partner/Proprietor ofM/s/___________________________________________________ having its registered office at_______________________________________________________ do hereby solemnly declare andaffirm as under :—

1. that I/firm/company have/has the requisite licenses and approvals including license tooperate food and beverage outlets.

2. that there has been no case/litigation whatsoever against me/firm/company or any otherlegal entity in which I/we have controlling share under Prevention of Food AdulterationAct, 1954 or any other law which restricts me/firm/company from operating food andbeverage outlets and/ or to enter into the License Agreement.

3. that no penalty on account of failure of food samples/unhygienic condition of restauranthas been levied on me/firm/company or any other legal entity in which I/we have control-ling share by any of local/Government Authority.

4. that I/firm/company am/is financially sound to undertake such an Agreement.

5. That I/firm/company or any other legal entity in which I/we have controlling share has/have never been barred from operating any F&B outlet anywhere in India by any agency/Govt. Deptt.

6. That I/we understand and agree that the licence period term of licence of _____________for which I am/we are submitting our bids, is for a period of 5 (five) years as per the BidNotice/Bid Documents and the period of licence is non-negotiable and will not be ex-tended under any circumstance on ground of any dispute and agree that said issues maybe processed for financial compensation, if any.

7. That in case I am/we are allotted the licensed premises, namely, __________________,I/ we will hand over the vacant peaceful possession of the licensed premises immediatelyon expiry of term.

8. That in case I am/we are allotted the licensed premises, namely, ___________ , I/ weshall peacefully hand over the vacant possession of the licensed premises on termination/cancellation/revocation of licence in accordance with the instructions issued by thelicensor in this regard and seek resolution of dispute, if any, through financial compensa-tion only.


[ 41 (N) ]

10. That I/we undertake and agree that the Licensor will have the right to revoke/cancel theLicence Agreement without any notice on violation of any terms & conditions of the biddocument and/or Agreement.

11. That I/we agree and understand that I/we will have no authority to access the premisesafter the expiry/termination/revocation/cancellation of Licence Agreement.

12. That I/we undertake to pay the amounts as demanded by NDMC towards damage ifcaused to the licensed premises during the tenure of Agreement/on vacation. The amounttowards damages shall be paid within three days from the date of Demand Note/Invoice.

13. That I/we or our other business entity where we had and/or still have controlling share,have not been barred from operating a restaurant on account of food quality issues byconcerned govt. authorities or have not been convicted for irregularities concerningrestaurant under various statues/rules/regulations/orders etc.

14. That I/we have read all the terms & conditions forming part of the Licence Agreement(Annexure ‘C’) and agree to abide by them in entirety.

DEPONENT

VERIFICATION :—

Verified at Delhi on this________________________ day of_______________ 2012 that the contentsof the above Affidavit are true and correct to my/our knowledge and no part is false and incorrect.

V . Annexure ‘B’

PROFORMA FOR FORM OF POWER OF ATTORNEY

FOR

APPOINTING LEAD MEMBER

(To be executed on Requisite Non-Judicial Stamp Paper of Rs. 100/-)

KNOW ALL CONCERNED by these presents that we, ... (name of the individual/company/partnership firm), (a company incorporated under the Companies Act, 1956), having its Registered Officeat..... (Address of the individual/company/partnership firm) (hereinafter referred to as “Applicant”) :

WHEREAS the Applicant along with_______ and______ (give name and registered officeaddress) is forming a joint venture/consortium to submit Proposal in response to the Notice for Invitation toTender for “Allotment of Cup and Saucer Restaurant on License Basis” (“Project”) issued by theRemunerative Projects Cell, North Delhi Municipal Corporation (“NDMC”) and is desirous of appointingan attorney for the purpose thereof.

Whereas the Applicant deems it expedient to appoint M/s.________________ (name ofindividual/Company/partnership firm, registered office address) as the Attorney of the Applicant.

Now Know all Men by these Presents, that ___________ (name of individual/company/partnership firm) do hereby nominate, constitute and appoint…. (name the lead member company) as its

[ 42 (N) ]

true and lawful Attorney to do and execute all or any of the following acts, deeds and things for the

Company in its name and on its behalf, that is to say :

To act as the Lead Member of the Joint Venture/Consortium for the Purposes of the Project;

In such capacity, to act as the Applicant’s official representative for submitting the proposal

for the Project and other relevant documents in connection therewith.

To sign all papers for all proposals, offers, Project documents, necessary documents, papers,

applications, representations and correspondence necessary and proper for the purpose aforesaid;

To tender documents, receive and make inquiries, make the necessary corrections and

clarifications to the Project documents, as may be necessary;

To sign and execute contracts relating to the Project, including variation and modification

thereto;

To represent the Consortium of Firms at meetings, discussions, negotiations and presentations

with NDMC, Government Authorities, Competent Authorities and other Project related entities;

To receive notices, instructions and information for and on behalf of the Company;

To do all such acts, deeds and things in the name and on behalf of the Company as necessary

for the purpose aforesaid.

AND the Applicant hereby covenants with the said Attorney to ratify and confirm all and

whatever the attorney may lawfully do or cause to be done by virtue of these presents.

IN WITNESS WHEREOF the Company puts its hand and seal to this Power of Attorney on

this . [day, month & year]

The common seal of [name of the company] was

here unto affixed pursuant to a resolution passed

at the meeting of Committee of Directors held on The common seal of [name of the ___________

the _____ day of ______, 2001 in the presence ____________________________________

of [name & designation of the person] and [name & designation of the person])

countersigned by [name & designation of the

person] of the Company of [name of the company]

OR

_________________________

[Individual/partnership firm]

[ 43 (N) ]

VI. Annexure ‘C’

SAMPLE LICENSE AGREEMENT FOR ALLOTMENT OF“CUP AND SAUCER RESTAURANT” ON LICENSE FEE BASIS

This License Agreement (hereinafter referred to as “Agreement”) is made and executed atNew Delhi on this [_______] day of [________] of 2012 (“Effective Date”).

BY AND BETWEEN :

North Delhi Municipal Corporation, a statutory body constituted and governed by the DelhiMunicipal Corporation Act, 1957, having its office at Dr. Shyama Prasad Mukherjee Civic Centre, MintoRoad, New Delhi-110002 and acting through its Assistant Commissioner, R.P. Cell (hereinafter referred toas the “NDMC”/Licensor” which expression shall, unless repugnant to the context or meaning thereof bedeemed to include its successors, legal representatives, administrators and assigns) of the First Part;

AND

[______], a [company]/[partnership] validly incorporated/organised and registered under the [laws of[_________] with its [registered/corporate/head office] situated at [_______] and acting through itsauthorized representative______________ (hereinafter referred to as the “Licensee”, which expressionshall unless repugnant to the context or meaning thereof be deemed to include its successors, legalrepresentatives, administrators and permitted assigns) of the Other Part.

The NDMC and the Licensee shall hereinafter be individually referred to as the “Party” and collectivelyreferred to as the “Parties”.

WHEREAS :

A. The NDMC is the exclusive owner in possession of the land/building known as the ‘Cupand Saucer Restaurant’ along with the adjacent area marked in Schedule I (hereinafterreferred to as “Property” or “Licensed Premises”), situated adjacent to Minto Bridge atMinto Road, near Connaught Place, New Delhi and is competent to license the saidpremises along with open area constituted in the manner as may be specified from time totime.

B. The NDMC has decided to give on license the Licensed Premises by and through theTender process and in performance thereof invited tenders for granting of the LicensedPremises on license basis. The Notice to Invitation for Tender for the said license wasfloated on________ vide document No. _____________ (“Tender”).

C. The Licensee’s bid was accepted as the successful bid and an offer letter dated _________was given to the Licensee which was accepted by the Licensee vide letter of acceptanceNo. _____________ dated ________.

D. The Parties have in view of the terms and conditions set forth in the tender document andhereinafter, agreed to abide by and which shall form part of this Agreement.

[ 44 (N) ]

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER :

1. AWARD OF LICENSE

(a) The license provided under this Agreement is only a right to run and manage the LicensedPremises under the name of ‘Cup & Saucer Restaurant’ (“License”)’ and nothing hereincontained shall deemed to be a demise of the Licensed Premises or any part thereof so asto give the Licensee any interest therein. The Licensee shall use the Licensed Premisesonly for the purposes of running a restaurant as per the terms and conditions of thisAgreement and for no other purpose. That the License of the Licensed Premises shallonly permit the Licensee to occupy and use the Licensed Premises for stated purpose tillthe expiry of the period of License or termination thereof, whichever is earlier.

(b) The Licensee agrees and acknowledges that the Licensed Premises has been handedover to the Licensee on an “as is where is” condition. The word ‘as is where is” conditionmeans that condition of the Licensed Premises as on date of the Tender.

(c) The right of licensee shall be the right to use only and not of possession and the Licensorreserves the right of re-entry as mentioned above and no possession will be deemed tohave been transferred to the Licensee.

2. TERM AND RENEWAL OF LICENSE

(a) The term of the License granted by the Licensor to the Licensee shall be 5 (five) yearsfrom the Effective Date and shall expire on_________ (“Term”) subject to any extensionthereof granted by the Licensor.

(b) If the License is not terminated on account of any reason and is determined only due toefflux of time, an extension of License for a further period of five years may be grantedat the absolute discretion of the Commissioner, NDMC subject to the enhancement of theprevailing License Fee (as defined hereinbelow) by at least @ 100% of the currentLicense Fee and at terms and conditions to be decided by the Commissioner, NDMC.

(c) The one time renewal will be done only when the entire dues to be calculated on the basisof decision are paid in advance and satisfactory proof of up to date payment of electricityand water charges is submitted. For future also, the Licensee shall submit proof regardingclearance of electricity and water charges, after every six months i.e. in January and Julyevery year.

(d) Upon the expiry of the License and subject to extension provided by the Licensor orapproval granted under this Agreement, the Licensee shall hand over the peaceful posses-sion of the Licensed Premises in good condition along with fixtures, fittings, equipmentsand furnitures etc., as provided by the Licensor.

(e) The Licensee shall reimburse any loss or damage to the property of the Licensor inaccordance with the assessment conducted by the Licensor.

(f) On the expiry of the License or its earlier termination by the Licensor, as the case may be,the Licensee shall vacate the Licensed Premises forthwith and remove all its wares,equipments, furnishings etc. and in case of default the Licensor or its authorisedrepresentative(s) shall be fully entitled to get the Licensed Premises vacated without beingliable to damages or otherwise.

[ 45 (N) ]

3. LICENSE FEE AND SECURITY DEPOSIT

In consideration of the Licensee having agreed to allow the Licensee to use the LicensedPremises for the purposes as contemplated under this agreement, it is agreed that :—

(a) The Licensor shall pay to the Licensor a License fee as agreed to for the Term (“LicenseFee”) in addition to the service tax and other Government levies, as applicable from timeto time.

(b) For the first six months after the completion of the Free Period, the Licensee shall pay anamount equivalent to License Fee of six months in advance at the time of the execution ofthis Agreement.

(c) For the subsequent period of the remaining Term, the Licensee shall pay an amountequivalent to License Fee of three months in advance.

(d) In addition to the Licensee Fee payable, the Licensee has also deposited interest freeamount equivalent to 6 (six) months License Fee in advance by way of bank draft/localpay order in favour of Commissioner, NDMC (“Security Deposit”). The Licensee hasdeposited Rs.___________/- (Rupees ____________ only) vide G-8 No.__________dated ___________ prior to the execution of this Agreement.

(e) The Licensee shall ensure to keep the Security Deposit deposited till the expiry of theTerm or termination of this Agreement, whichever is earlier. The Security Deposit shallunder no circumstances be adjusted against the payment of License Fee. This SecurityDeposit is liable to be forfeited, if any of the terms and conditions herein contained, iscontravened or violated by the Licensee.

(f) If advance License Fee as required under clause 3(b) and 3(c) above is not paid beforeone month prior to the scheduled due dates of the payment of the License Fee in advance,the Security Deposit shall be forfeited. Additionally, the License will be cancelled and theLicensed Premises shall be vacated and peaceful possession of the Licensed Premisesshall be taken over by the Licensor without further notice to the Licensee who shall nothave any objection to the same.

(g) The Commissioner, NDMC may however, on receipt of request and clearance of all thedues mentioned above, allow the Licensee to continue on the existing License Fee or onsuch conditions as may be fixed by the Commissioner, NDMC at his absolute discretion.

(h) The Licensee shall be liable to be evicted from the Licensed Premises for default ofpayment of License Fee or breach of any term/condition of this Agreement.

(i) All payments to be made by the Licensee under this Agreement shall be by way demanddraft / local pay order only in favour of the Commissioner, NDMC.

4. LICENSE FREE PERIOD

(a) The Licensee shall be provided a license free period of 2 (two) months from the EffectiveDate or till the commencement of business by the Licensee from the Licensed Premises,whichever is earlier (“Free Period”) to undertake the work related to renovation andrefurbishment of the Licensed Premises from the inside.

(b) The Licensee shall not be responsible for the payment of the License Fee during the FreePeriod. However, other obligations of the Licensee shall commence from the EffectiveDate and continue to be applicable under this Agreement.

[ 46 (N) ]

5. OBLIGATIONS OF THE LICENSEE

(a) The Licensee shall not permit the Licensed Premises or any part thereof to be used byanother person for any purpose whatsoever without the previous consent in writing of theCommissioner, NDMC and in default thereof shall be liable for forfeiture of License Feepaid in advance and Security Deposit and cancellation of the Agreement. The Licenseeshall neither introduce any new partner (in case of a partnership firm) nor transfer use ofthe Licensed Premises or part thereof or otherwise carry on the business in the LicensedPremises with any other person or assign, transfer, change or otherwise alienate his use ofthe Licensed Premises. Violation of this provision shall lead to termination of License andeviction of the Licensee from the Licensed Premises.

(b) The Licensee shall not create any encumbrance on the Licensed Premises nor shall sell oragree to sell the Licensed Premises. The Licensee shall also not represent itself/himselfas the legal owner of the Properties,

(c) The Licensee will furnish, renovate and decorate the Licensed Premises at the Licensee’sown expenses from inside as may be required for the business to be conducted for theLicense therefrom. Any change in the external structure will be kept to a minimum andwill be with the approval of the Licensor and subject to all clearances and approval underthe Laws and Bye Laws relevant for such changes. On determination of license thefurnishing, renovation, decoration, fixtures etc. shall become property of NDMC. Further,the Licensee shall undertake all repairs, at its own cost, as may be necessary to cause andensure that the Licensed Premises is maintained in good condition. Provided in case ofmajor repairs effecting the structure of the Licensed Premises shall require prior approvalfrom the Commissioner, NDMC.

(d) The Licensee shall not carry out any addition or alteration to the Licensed Premises andor any additional construction on the land/front/side courtyard other than what has beenpermitted in this clause 5(d) or electrical or sanitary or water installation in the saidpremises. No construction, alternation of permanent nature will be permitted without priorpermission.

If any additions, alterations or constructions are required by the Licensee arequest to this effect may be made in writing to the Commissioner, NDMC who mayeither reject such a request or consider the same on such terms and conditions as may bedeemed appropriate. Where any such addition, alteration, construction etc. are ultimatelycarried out, the Licensee shall not be entitled to remove the same or claim any compensa-tion whatsoever in respect of the same at time of vacation of the said premises. Someadditions, alterations and constructions leading to addition of space may call for extralicense fee to be paid by the Licensee to NDMC which shall be determined by theCommissioner, NDMC alone.

The Licensee shall make good of any damage caused to the premises. Thedecision of the Commissioner, NDMC on the question whether any damage is caused tothe premises and what amount of compensation would make good such damages be finaland binding on the parties hereto.

[ 47 (N) ]

(e) The Licensee shall utilize the Licensed Premises only for authorised purposes afterobtaining license which may be necessary under the provisions of the Delhi MunicipalCorporation Act, 1957 or any bye-laws made thereunder, the Delhi Shops andEstablishments Act, 1954 or any other law in force for the time being. The Licensee shallalso obtain and maintain all approvals as may be necessary and requisite in relation to theoperation, running, management and maintenance of the Licensed Premises includingobtaining relevant labor (such as Employees Provident Fund etc.), tax, environmental andother requisite and necessary registrations under applicable laws.

(f) No activity which is immoral, offensive, dangerous, illegal, creates nuisance shall becarried out at the Licensed Premises. Failure, if any, will lead forthwith to determinationof the License without assigning any reason and without service of the notice to theLicensee.

(g) The Licensee shall keep the veranda, compound, lane, by-lane and passage clear andfree. Failure, if any, will lead forthwith to determination of the license without assigningany reason and without service of the notice to the Licensee.

(h) The Licensee shall, at its own cost and expense, purchase and maintain during theTerm such insurances as are necessary and provide a certified copy thereof to theCommissioner, NDMC.

(i) The overall control and supervision of the premises licensed out shall remain vested in theNDMC whose officials at all reasonable hours shall be entitled to inspect the premiseswith respect to its bonafide use and in connection with fulfilment of other terms andconditions of the license.

(j) The Licensee shall maintain proper accounts and statements of income and expenses andsuch statements and accounts shall be made available to the Licensor as and whenrequested by the Licensor.

(k) The Licensee shall not represent to its employees that they are employees of NDMC orany Governmental Authority.

(l) The Licensee shall not enter into any agreement which violates any of the terms of thisAgreement.

(m) The Licensee shall fulfil and diligently comply with all the directions, general or special,issued by NDMC from time to time.

(n) The Licensee will be responsible for maintenance of services i.e. sweeping, lighting, publicconveniences, common passages etc. and repair and maintenance of the building.

(o) No claim shall, however, be made against NDMC in connection with maintenance ofservices or the building in any circumstances.

(p) The signboard/name plates shall be put in the form, design and dimensions approved bythe Commissioner, NDMC. The Licensee shall also display (in a legible and prominentmanner) the fact that the Licensee is running, operating, managing and maintaining theProperties as a Licensee of NDMC and that the Licensed Premises belongs to NDMC.

[ 48 (N) ]

6. PAYMENT OF DUES AND TAXES

(a) The Licensee shall with reference to the said premises in his use bear all charges forelectricity and water consumption.

(b) The Licensee shall pay or cause to pay charges for electricity and water (including meterhire charges), house tax and similar other charges, telephone calls and other facilities/utilities at the stipulated space immediately on receipt of bills/demand by the respectiveagencies/authorities providing/supplying the said services and entitled to said tax andcharges. In case of default, the Licensor/such other agencies/authorities may at theirdiscretion withdraw the facilities/utilities.

(c) The Licensee shall be liable to pay throughout the term of this Agreement, the propertytax, water tax and any other applicable taxes, duties and levies required for the operationsof the Licensed Premises.

7. REPRESENTATIONS AND WARRANTIES

(a) The Licensee hereby represents and warrants to the Licensor that :—

(I) In case the Licensee is a company :

(i) it is duly incorporated/registered under the applicable laws;






(vii) all statements and submissions made by it in the bid are true, accurate andcomplete in all respects and that it has neither made any statements orsubmissions in its bid which are false or misleading nor withheld any informationwhich if made available to the Licensor would have resulted in the Licensor notawarding the contract to it;

(viii) neither the Licensee nor its directors are a party to any litigation, dispute,arbitration or inquiry (actual, threatened or pending) which if decided against theLicensee or its directors (as the case may be) will have an adverse impact on theability of the Licensee to perform its obligations under the Agreement;

[ 49 (N) ]

(ix) neither the Licensee nor its directors have been convicted of any economic orcriminal offence or an offence of moral turpitude; and

(x) neither the Licensee nor its directors have ever been disqualified from any centralor state government contract or blacklisted from participating in any central orstate government contract.

(II) In case the Licensee is a partnership firm :

(i) it is duly registered under the applicable laws;






(vii) all statements and submissions made by it in the bid are true, accurate andcomplete in all respects and that it has neither made any statements or submis-sions in its bid which are false or misleading nor withheld any information which ifmade available to the Licensor would have resulted in the Licensor not awardingthe contract to it;

(viii) neither the Licensee nor its partners are a party to any litigation, dispute,arbitration or inquiry (actual, threatened or pending) which if decided against theLicensee or its partners (as the case may be) will have an adverse impact on theability of the Licensee to perform its obligations under the Agreement;

(ix) neither the Licensee nor its partners have been convicted of any economic orcriminal offence or an offence of moral turpitude; and

(x) neither the Licensee nor its partners have ever been disqualified from any centralor state government contract or blacklisted from participating in any central orstate government contract.

(III) In case the Licensee is an individual :

(i) he has the legal capacity to enter into the Agreement and perform his obligationsunder the Agreement;

(ii) this Agreement upon execution and delivery shall be a legal, valid and bindingobligation enforceable in accordance with its terms;

[ 50 (N) ]

(iii) the execution and delivery of this Agreement and the performance of itsrespective obligations under this Agreement does not violate or contravene orconstitute a default under any Applicable Law or the provisions of any documents,contracts, agreements or any other instruments to which he is a party or whichare applicable to him;

(iv) all statements and submissions made by him in the bid are true, accurate andcomplete in all respects and that he has neither made any statements orsubmissions in his bid which are false or misleading nor withheld any informationwhich if made available to the Licensor would have resulted in the Licensor notawarding the contract to him;

(v) he is not a party to any litigation, dispute, arbitration or inquiry (actual, threatenedor pending) which if decided against the him will have an adverse impact on hisability to perform his obligations under the Agreement;

(vi) he has not been convicted of any economic or criminal offence or an offence ofmoral turpitude; and

(vii) he has never been disqualified from any central or state government contract orblacklisted from participating in any central or state government contract.

(b) The Licensor represents and warrants to the Licensee that :

(i) it has the power and authority to execute, deliver and perform its respectiveobligations under this Agreement;

(ii) the execution and performance of this Agreement has been duly authorized andapproved and that it does not require any further authorizations or consents;

(iii) this Agreement upon execution and delivery shall be a legal, valid and bindingobligation enforceable in accordance with its terms;

(iv) the execution and delivery of this Agreement and the performance of its respectiveobligations under this Agreement does not violate or contravene or constitute a defaultunder any Applicable Law or Approvals or the provisions of any documents,contracts, agreements or any other instruments to which it is a party or which areapplicable to it; and

(v) It is the legal owner of the Licensed Premises and has the authority to issue theTender and award the contract.

(c) The representations and warranties set out in clauses 7(a) and 7(b) are given as on theEffective Date.

(d) In the event that any occurrence or circumstance comes to the attention of either Partythat renders any of its aforesaid representations untrue or incorrect, such Party shallimmediately notify the other Party of the same. Such notification shall not have the effectof remedying any breach of the representation or warranty that has been found to beuntrue or incorrect nor shall it adversely affect or waive any right, remedy or obligation ofeither Party under this Agreement.

(e) Each representation and warranty is to be construed independently of the others and is notlimited by reference to any other representation or warranty.

(f) Each Party hereby represents and warrants to the other Party that none of itsrepresentations and warranties or statements contained in this Agreement contain anyuntrue statement of fact or omits to state any fact necessary in order to make any of suchrepresentations and warranties or statements not misleading.

[ 51 (N) ]

8. TERMINATION

(a) The Licensor reserves the right to revoke the License at any time by giving 3 (three)months notice in writing and it shall not be obligatory on the part of the Licensee to assignany reason to the Licensee for such revocation. If the Licensed Premises is required byNDMC or any other govt. agency, a notice of 3 (three) months will be served upon theLicensee for vacation. The Licensee shall pay the arrears of the License Fee, if any,before ceasing to use and in default render himself liable to be sued for recovery ofarrears and necessary legal expenses.

(b) The Licensee shall give at least 3 (three) months notice in writing of ceasing to use theLicensed Premises or pay 3 months License Fee, in lieu of notice period in caseimmediate possession is handed over.

(c) If the License Fee hereby reserved or any part thereof shall at any time be in arrears orremain unpaid after the due date or if the Licensee at any time fails or neglects to performor to observe any of the terms and conditions and covenants herein contained and on hispart to be observed and performed and in any such case the Licensor may withoutprejudice to their other rights by giving 1 (one) month notice in writing to the Licenseedetermine the License and re-enter upon the Licensed Premises. The Licensee shall, uponsuch determination, peacefully stop use of the Licensed Premises without any right tocompensation whatsoever and thereupon this License shall be absolutely determinedwithout prejudice to any antecedent breach of terms and conditions and covenants on thepart of Licensee.

(d) The License shall stand ipso-facto terminated without any right of compensationwhatsoever to the Licensee in any of the following events that is to say :—

(i) If the Licensee being an individual dies or being a firm is dissolved or being acompany is liquidated or the Licensee at any time be adjudged insolvent or hasreceived order for administration of his/their estate made against him or has taken anyproceedings for liquidation or composition under any Insolvency Act, for the timebeing in force or make any conveyance or assignment of this effects or enter into anyarrangement or composition with his/their creditors or suspend payment or shallintroduce a new partner or shall change the constitution of the partnership firm or ifthe firm be dissolved under the Partnership Act, 1932.

(ii) If the Licensee being a company shall pass resolution or the court shall make an orderfor the liquidation of its affairs or a receiver or manager on behalf of the debentureholders shall be appointed or circumstances shall have arisen which entitle the courtof debenture holder to appoint a receiver or manager :—

Provided always that such determination shall not prejudice any right of action orremedy which shall accrue or shall accrue thereafter to the Licensor.

(e) A joint inspection of the Licensed Premises shall be undertaken by the Licensor toascertain the physical condition of the Licensed Premises and for ascertaining any dam-age caused to the Licensed Premises.

(f) In case, the License is determined for any other reason(s), NDMC reserves the right toask the Licensee to run the Licensed Premises for some time on the existing or mutuallyagreed terms and conditions of License and in such a case Licensee is bound to acceptthe NDMC’s offer. This may be required in view of NDMC’s tendering process forselection of new successful bidder without disruption of services to the public for whichthe Licensed Premises is earmarked.

[ 52 (N) ]

9. NO ASSIGNMENT, SUB-LICENCING AND SUB-CONTRACTING

(a) The Licensee shall not have right to assign their rights/obligations under thisAgreement without prior written consent of the Licensor.

(b) No letting of the Property will be allowed under any circumstances. In the event ofletting, the deposits will be forfeited and the License cancelled.

(c) That change in hand in favour of legal heir/heirs of the Licensee may only be permittedfree of charge, if the same is informed to the R.P. Cell, NDMC of the Licensor within1 (one) month and thereafter with a charge of Rs. 10,000/- (Rupees Ten Thousand only)per month on the same terms and conditions of allotment. In case of death of partner(s)the legal heirs will form partnership or the legal heir(s) of deceased partner will furnish NoObjection Certificate in favour of the new partner(s), the documents will be consideredfor continuation of the License at the prevailing terms and conditions. In case of nosurviving legal heir, the License will be determined and no person other than legal heir(s)will be permitted in any circumstances.

10. INDEMNIFICATION

(a) The Licensee shall indemnify, defend and hold NDMC harmless against any or allproceedings, actions and third party claims arising out of :

(i) A breach by the Licensee of any of its obligations under the Agreement; or

(ii) any fault by the Licensee during the course of and in relation to the use of Property;or

(iii) Failure of Licensee to comply with applicable laws and applicable permits; or

(iv) Failure in payments of taxes relating to the Licensee’s suppliers and representative’sincome or other taxes required to be paid by the Licensee; or

(v) On-payment of amounts due as a result of materials or services furnished to theLicensee which are payable by Licensee.

(b) NDMC shall never be liable to pay, compensate or indemnify for any loss, damages, costetc. to the Licensee.

11. NOTICE

(a) Unless otherwise stated, notices to be given under this Agreement including but not limitedto a notice of waiver of any terms, breach of any term of this agreement and terminationof this Agreement shall be in writing and shall be delivered by hand at their respectiveaddresses set forth below :

If to NDMC : The Assistant Commissioner,R. P. CellNorth Delhi Municipal CorporationSPM Civic Centre,New Delhi-110002.

If to the Licensee :

(Name & address of Licensee)

(b) Any notice to be given to the Licensee under the terms of this License shall be consideredto be duly served, if the same has been affixed on the outer door or any other conspicuouspart of the Licensed Premises.

[ 53 (N) ]

12. GOVERNING LAW AND JURISDICTION

This Agreement shall be construed and interpreted in accordance with and governed by thelaws of India and the courts at Delhi shall have exclusive jurisdiction over all matters arising out relating tothis Agreement. No other court shall have jurisdiction in the matters arising out of or related to thisAgreement.

13. MISCELLANEOUS

(a) This Agreement and the schedules together constitute a complete and exclusive statementof the terms of the Agreement between the Parties on the subject here on and onamendment or modification hereto shall be valid and effective unless agreed to by all theParties hereto and evidenced in writing.

(b) This Agreement may be executed in one or more counterparts, each of which shall bedeemed an original and all of which, taken together, shall constitute one and the sameinstrument, provided all the Parties have signed each such counterparts.

(c) In the event there is an accumulation of arrears of License Fee for three months theLicensee shall be treated as an unauthorized occupier and shall be evicted/dispossessed ofthe premises without any notice.

(d) This Property shall never come under the purview of conversion from license to lease-hold/freehold under any circumstances.

(e) The bid documents and the Tender shall form a part of this Agreement.

(f) The stamp duty on this deed shall be borne by the Licensee.

(g) NDMC reserves the right to amend, modify or alter any or all terms and conditions of thisagreement for which a notice may be given to the Licensee.

In token of the acceptance of the above terms and conditions, the parties have set theirsignature as hereunder on this_________ day of_________ 2012.

Signature of Licensee Signature ofAssistant Commissioner (RPC)

On behalf of NDMC (Licensor)

Witness :—

1. _______________________

2. _______________________

[ 54 (N) ]

SCHEDULE—I

LAYOUT PLAN OF THE LICENSED PREMISES

For Newspapers

NOTICE INVITING TENDER

(for allotment of ‘Cup and Saucer Restaurant’)

North Delhi Municipal Corporation (NDMC) desires to allot the ‘Cup & Saucer Restaurant’situated adjacent to Minto Road Bridge at Minto Road, near Connaught Place, New Delhi which is anideal place for restaurant and allied activities on license fee basis for a period of 5 years on “as is whereis” basis. Any person (except a minor) having relevant business experience with annual turnover ofRs. 10,00,00,000/- (Rupees ten crores only) and above in hotel, restaurant and allied business and showingprofit in last three years, not barred/blacklisted by NDMC or any government department is eligible toparticipate in the bidding process. The reserved minimum license fee is Rs. 10,00,00,000/- (Rupees tencrores only) per month and EMD to be deposited is Rs. 30,00,00,000/- (Rupees thirty crores only).

The bid is invited under two bid system (technical bid and financial bid). The tenderdocuments can be obtained from the office of the Asstt. Commissioner, R.P. Cell, 16th floor, Civic Centre,JLN Marg, New Delhi, from_________________ at 11-00 AM to______________ upto 2-00 PM onworking days against payment of Rs. 5,000/- (Rupees five thousand only) in cash or in the form of ademand draft, in favour of Commissioner, NDMC payable at Delhi. The bid form can also be downloadedfrom NDMC’s website i.e www.mcdonline.gov.in and in such case, Rs. 5,000/- (Rupees five thousandonly) must be paid either in cash or by a demand draft before submitting the bid. For any assistance, theperson may also contact at 011-23227505. The bid will not be accepted if the said amount is not paid.

The last date and time of receipt of bids is ___________.

Sd/-


[ 55 (N) ]

Item No. 67 :— Simplification of Trade License policy of markets, trades, occupations,maintenance and regulations thereof as laid down under Chapter XX ofthe DMC Act.

(i) Commissioner’s letter No. F. 33/CL&EC/NDMC/365/C&C dated 19-12-2012.

In the erstwhile unified Corporation, the trade licence policy was approved by the Corporationvide Resolution No. 235 dated 28-7-2008. With the gap of time, it has become a common sight that thepolicy is not materialized in its entirety resulting very few turnout for obtaining licence under the existingpolicy.

Now, therefore, consequent to its existence on account of trifurcation of erstwhile MCD,South Delhi Municipal Corporation finds it implicit to create a new database of licensable entities forregulation and enforcement of related rules and regulations as per various provisions laid down underDMC Act by replacing the existing trade licence policy with new simplified policy. This is essentiallyrequired with a view to secure improvement in jeopardized civic amenities where large scale flagrantviolators continue to operate unabatedly without a licence or doing other than activities for which licencehas been granted, hence the same needs to be regulated under the laid down provisions of the. Act.

In view of above, it is necessary to simplify the trade licence policy by widening the ambit oftrade/occupations of all permitted trade activities running in trade premises as defined under Section 2 (59)of the DMC Act and occupations under the jurisdiction of North Delhi Municipal Corporation. The saidsimplified Trade Policy has been duly vetted and concurred by the Law Dept. and Finance Deptt.

The proposed trade policy contains the following Annexures :—

(a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGYIN GRANT OF LICENSE

(b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE &APPLICABLE TRADE LICENSE FEES

(c) ANNEXURE-III — MASTER PLAN REGULATIONS

(d) ANNEXURE-IV — AFFIDAVIT FORMAT

(e) ANNEXURE-V — APPLICATION FORM–for New Trade License

(f) ANNEXURE-VI — LICENSE FORMAT

(g) ANNEXURE-VII — LIMITED LICENSE FORMAT

(h) ANNEXURE-VIII — ECS FORMAT

(i) ANNEXURE-IX — PUBLIC NOTICE

(j) ANNEXURE-X — DEFAULTER NOTICE FORMAT

(k) ANNEXURE-XI — APPLICATION FORM–for Renewal of Trade License

(l) ANNEXURE-XII — APPLICATION FORM–for Duplicate Trade License

(m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT

Therefore, the revised and simplified Policy of Trade Licence be placed before theCorporation routed through Standing Committee for approval in this behalf as an item of Urgent Business.

[ 56 (N) ]

NORTH DELHI MUNICIPAL CORPORATION OF DELHICENTRAL LICENSING AND ENFORCEMENT CELL

11TH FLOOR, CIVIC CENTRE, MINTO ROAD, NEW DELHI

Subject :— Simplification of Trade License Policy and regulation thereof as laid down underChapter XX of the DMC Act, 1957 relating to markets, slaughters houses, trade,occupations etc.

Section 2(59) of the DMC Act defines trade premises as any premises used or intend to befor carrying on any trade or industry. Further Section-417 of the DMC Act provides that no premjses shallbe used for certain purposes as mentioned below without having a valid license.

“No persons shall use or permit to be used any premises for any of the following purposeswithout or otherwise than in conformity with the terms of a license granted by the Commissioner in thisbehalf, namely :—

(a) Any of the purposes specified in Part-I of the Eleventh Schedule;

(b) Any purpose which is, in the opinion of the Commissioner dangerous to life, health orproperty or likely to create a nuisance;

(c) Keeping horses, cattle or other quardruped animals or birds for transportation, sale or hireor for sale of the produce thereof; or

(d) Storing any of the articles specified in Part-II of the Eleventh Schedule except fordomestic use of any those articles:

Provided that the Corporation may declare that premises in which the aggregate quantity ofarticles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of anysuch articles shall be exempted from the operation of clause (d)”.

(1) In prescribing the terms of a license granted under this section for the use of premises asmills or iron yards or for similar purposes the Commissioner may, when he thinks fit,require the licensee to provide a space or passage within the premises for carts forloading and unloading purposes.

(2) The Corporation shall fix a scale of fees to be paid in respect of premises licensed undersub-section (1).

All permitted trade activities running in trade premise as defined under Section 2(59) of theDMC Act and occupations under the jurisdiction of North Delhi Municipal Corporation (NORTH DMC forshort) are under obligation to obtain trade license u/s 417 of the DMC Act. The existing Trade licensingPolicy was brought into force in 2008 and since then much water has flown under the bridges as newtrades/services have come into being which may not strictly fall within the purview of the existing tradepolicy and require to be taken care of apart from streamlining the provisions of the existing trade policy tofacilitate the citizens. With a view to secure improvements in jeopardized civic amenities, large scaleflagrant violators continue to operate unabatedly, without a license or doing activities other than those forwhich license has been granted, hence the same needs to be regulated under the provisions laid downunder the Act.

The North Delhi Municipal Corporation, consequent to its existence on account of trifurcationof erstwhile Municipal Corporation of Delhi, finds it implicit to create a new database of licensable entitiesfor regulation and enforcement of related rules and regulations as per various provisions under the DMCAct.

[ 57 (N) ]

Keeping this factum in mind following reforms are required to be taken care of on priority :

(1) Simplification of licensing procedure so that people are able to comply with legalobligations without being subjected to harassment.

(2) Streamline record keeping with a view to improve operational efficiency.

(3) Establish processes for better enforcement against defaulters.

(4) To bring transparency in the system and to comply with the directions of the CENTRAL.VIGILANCE COMMISSION that there should be maximum application of technology inlicense grant and renewal process.

(5) Widen the ambit of trade/occupations (service sector).

In furtherance of abovenoted exercise adoption of certain ways and means as detailed belowwould increase revenue multifold in terms of :

(1) Recovery of dues from units with lapsed license/unlicensed units.

(2) Timely Recovery from renewals through banking channels.

(3) Bringing more activities under the net.

(4) Centralised collection from establishments having more than one premises.

(5) Database to assist property tax department to ascertain use of premises.

(6) Maintain relevant records for accounts and audit.

To streamline and regulate establishments/trades/occupations following needs considerationfor approval :

(1) FRESH CLASSIFICATION OF CATEGORY OF LICENSABLE PREMISES IN A LISTWHICH SHALL INCORPORATE THE NEW CATEGORY OF PREMISES INADDITION TO THE EXISTING NOTIFIED CATEGORIES IN THE ELEVENTHSCHEDULE U/S 417 OF DMC ACT :

l Keeping in mind the present economic activities in vogue, a scientific classification oflicensable premises together with applicable fees as per Section 430 of DMC Act isproposed and annexed as Annexure-II. Since economy has moved from manufacturing toservice centred economy, a TRADE LICENSE CLASSIFICATION CODE is beingproposed for approval and as given in Annexure-II. The license fee/processing fees arenon refundable under any circumstance whatsoever.

l Inherent powers granted u/s 430 (2), laid down applicable license fees for variouscategories are mentioned as per Annexure-II. These are flat rates and not based on areawhich shall do away with all individual discretion and related pilferages.

(2) AUTOMATIC INCREASE IN APPLICABLE TRADE LICENSE FEES AFTER EVERYTHREE YEARS :

The under notification licence fee shall be applicable with immediate effect and next increaseshall be in the financial year beginning 1st April, 2016. This is based on the inflation factor in mind and,therefore, the Trade license fees shall automatically be increased by 10% after every three years.

[ 58 (N) ]

(3) NOTIFICATlON OF NEW TRADES/APPLICABLE LICENSE FEES THEREOF :

At any point of time if any new Trade comes into existence, its category as well as licensefees amount shall be approved and notified by the Corporation from time to time. In case a trade orstorage is not covered under the existing classification it shall be licensed under “OTHERS” categoryhaving license fee @ Rs. 15,000/- per annum till the time it has not been notified by the Corporation.

(4) NUMBER OF LICENSES PER ESTABLISHMENT :

In case one establishment retails more than one product within a single enclosure, license shallbe made in the highest license fees category.

(5) EXEMPTED CATEGORIES :

Henceforth no trades/callings/occupations shall be exempt from obtaining Trade/StorageLicense, except the following :—

(a) Individual Lawyers Chambers.

(b) CA (Chartered Accountants) Offices :—However administrative offices of companies atthe address of CA shall not be given any exemption. Similarly if the office of CA firm isrunning insurance braking/stock broking business from the said premises, it shall not beexempted from obtaining license and paying the applicable license fees.

(c) All institutions For Physically Challenged/Deaf & Dumb/Blind duly certified byCompetent Medical Authority.

(d) All Government Owned Educational Institutions.

(e) Trades/Storages exempted by the Corporation.

Note :— Trade/Occupation like canteen/gym/small stationary shops etc. running in above premisesare not exempt from Trade License.

(6) RESTRICTED, NEGATIVE AND PROHIBITED LIST OF TRADES/STORAGES :

(a) The cases of trade/storage license which are fire prone/polluting/posing threat to publicsafety and health shall be subjected to intense scrutiny before grant of license. Sincelicense for such trades/storages/occupations needs high regulation, such applications shallbe routed through the Deputy Commissioner of the Zone for further processing and he/she may insist for additional documentations/affidavits for processing such applications.

(b) In “Special Areas” if falling under jurisdiction of NORTH DMC, restriction will beimposed on storage/warehousing of bulk storage of cominodities like food grains, fruitsand vegetables, dairy, poultry/fish products, Iron & Steel, or building materials. Further, insuch areas storage of hazardous/inflammable commodities like paper/plastic/PVC/Chemicals/Petroleum and its products shall not be granted. It is stated that storing ofchemicals listed under Schedule-I and/or II of the Manufacure, Storage and import ofHazardous Chemical Rules 1989 and Public Liability Insurance Act, 1990 are prohibited.

(c) Any category for which the Government has earmarked special locations from wheresuch trades/occupations can operate or there can be a threat to human safety will begoverned by such regulations.

(d) Industries manufacturing such items prohibited by DPCC shall not be granted license.

(e) That the restrictions or controls shall be based on, but not limited to, as per MPD-2021 ordirections of any Court of law or any Competent Authority thereof.

[ 59 (N) ]

(7) CONTROLS ON CERTAIN TYPE OF TRADES/STORAGES/OCCUPATIONS,LICENSE TO BE GRANTED AS PER PROVISIONS OF MASTER PLAN OF DELHI :

All trade licence shall be governed/under obligation imposed by or under this ACT or anyother law for the time being in force. Keeping this fact in mind in its entirety, any trade activity running inthe premises under Delhi Specials Provisions Act, 2011, a temporary permission will be granted in the formof Limited License which shall be effective for the period till such protection is in force and this shall, ipsofacto, stand null and void immediately after it ceases to exist. The license fees of the Limited License shallbe same as of regular license. No refund of license fee in any situation shall be permitted.

(8) APPROVAL OF GENERAL TERMS AND CONDITIONS :

In order to safeguard the interests of public at large against misuse of Trade/Storage License,a STANDARD AFFIDAVIT has to be taken from all applicants of new license/as well as re-registrationof existing licence holders.

(9) ELIMINATION OF COMPLEX DOCUMENTATION :

With a view to achieve its larger response it is implicit in the policy to minimise the inconven-ience of applicants. Thus, the requirement of following documents is proposed to be dispensedwith/required conditionally :—

The requirement of following documents is proposed to be dispensed with :—

(a) Sanctionted Building Plan & Occupancy Certificate (In case of premises protected underDelhi Specials Provisions Act, 2011).

(b) Key Plan.

(c) Landlord NOC.

(d) Property Tax Payment Slip.

Documents required in specific cases/conditionally :

(a) Structural Safety Certificate :—The applicant shall furnish an affidavit/indemnity boundin the prescribed format that the building/premises in structurally safe and that he will beresponsible for any mishappening and he is not indemnified agaist any damages caused byany mishappening.

(b) Pollution NOC :—All units which are polluting in nature shall require consent of DPCCand such units shall need to submit NOC’s/approvals as per the pollution control guidelinesin vogues from time to time.

(c) Fire Safety Certificate will be required only in the following cases :

(i) Hotels and guest houses having height more than 12 metres having ground plus threeupper storeys including mezzanine floor.

(ii) Educational buildings having height more than 9 metres or having ground plus twoupper storeys including mezzanine floor.

(iii) Institutional buildings having height more than 9 metres or having ground plus twoupper storeys including mezzanine floor.

(iv) Business buildings having height more than 15 metres or having ground plus fourupper storeys including mezzanine floor.

[ 60 (N) ]

(v) Mercantile builqings having height of more than 9 meters or having ground plus twoupper stories inpluding mezzanine floor.

(vi) Industrial buildings having covered area on all floors more than 250 square metres.

(vii) Storage buildings having covered area on all floors more than 250 square metres.

(viii) Underground structures.

(ix) All hazardous building having covered area on all floors more than 100 sqm. Thisincludes a building or part thereof used for :—

• Storage, handling, manufacture of processing of radioactive substances or highlycombustible or explosive materials or of products which are liable to burn withextreme rapidity and/or producing poisonous fumes or explosive emanations;

• Storage, handling, manufacture or processing of which involves highly corrosive,toxic or noxious alkalis, acids, or other liquids, gases or chemicals producingflame, fumes and explosive mixtures etc. or which result in division of matter intofine particles capable of spontaneous ignition.

• Activities which required license by Chief Controller of Explosives, Nagpur.

The objective of this policy is to bring large scale violators within the ambit of this policy andto regulate their activities under the DMC Act. However, while considering this aspect the prime concernof public safety, health and nuisance shall also be taken into account.

(10) SIMPLIFICATION OF DOCUMENTATION TO BE SUBMITTED ALONG WITHAPPUCATION FORM FOR GRANT OF ERESH LICENSE :

The following documents needs to be submitted while applying for a new license :—

(a) APPLICATION FORM (Annexure-V) :—Duly completed.

(b) ESTABLISHMENT REGISTRATION DOCUMENT :—ROC Registration/FirmRegistration from Registrar of Firms or Society/IEC (import/export) Code issued byDirectorate General of Foreign Trade/Registration with Any Government Agency etc.

(c) COPY OF PAN CARD IN CASE OF THE ESTABLlSHMENT/PROPRIETOR :—(in case establishment is exempt from PAN requirement, the same should be sworn in theaffidavit).

(d) ROOF OF ADDRESS OF THE ESTABLISHMENT :—To establish the legaloccupancy of the establishment on the premise any of the following dpcuments can beprovided,

(e) ID PROOF THE PERSON SIGNING THE APPLICATION FORM :—AnyGovernment ID Document or else PAN Card Copy.

(f) AFFIDAVIT DULY NOTARISED AT THE RATE PRESCRIBED UNDER DELHISTAMP ACT.

(g) LOCATION OF THE PROPERTY MARKED ON AN AREA MAP :—Anystandard map such as Google Map or Eicher Map or map prepared by an architect ofNorth DMC can be used.

[ 61 (N) ]

(h) CONDITIONAL REQUIREMENT :

(i) Affidavit/Indemnity Bond to be furnished by the applicant in the prescribed formatthat the building/premises is structully safe and that he will be responsible for anymishappening and he is not indemnified against any damages caused by anymishappending.

(ii) Fire NOC.

(iii) Pollution NOC.

(iv) In case of any existing Trade License, proof of payment of applicable Trade Licensefee for the current financial year.

(v) Proof of Payment of One Time Settlement Fees for arrears, if Applicable.

(vi) Proof of Parking & Conversion Charges (If Applicable) : In case the applicant doesnot provide the proof of Parking/Conversion Charges (wherever it is applicable), theTrade license shall not be granted.

(vii) In case the land has been provided by North DMC or the erstwhile MCD or anyother Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of theAllotment Letter or any other proof of occupancy.

(viii) Sanctioned building Plan or Occupancy Certificate or Regularisation plan of thepemises.

Wherever the building is protected under Delhi Specials Provisions Act, 2011, theapplicant may indicate so. In case of buildings protected under Delhi SpecialsProvisions Act, 2011, limited license in respect of trade running in such premises shallbe issued which shall be effective for the period till such protection is in force and thisshall, ipso facto, stand null and void immediately after it ceases to exist. No licensefee shall be refunded in any circumstances.

(i) OPTIONAL :

(i) Latest Property Tax Receipt, if any.

(In case document as mentioned above are not supplied, it shall not be a ground fordenial of trade license. However, the licensee cannot claim/demand immunity frompayment of such applicable Municipal taxes/fees/fines/penalties on the ground that theTrade License has been granted without verification of such applicable Municipaltaxes/fees/fines/penalties.)

(j) OTHER DOCUMENTS AS APPLICABLE :

The objective of this policy is to bring large scale violators within the ambit of Trade Licenseand to regulate their activities under the Act. However, the Commissioner, North DMC is empowered toadd/remove/modify the requirements at any point of time to meet the overall object of public safety, healthand nuisance.

[ 62 (N) ]

(11) REGULATION OF TRADE LICENSE AS PER BUILDING REGULATION :–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––

Authorised Building Unauthorised Building–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––Trade License shall be Structure is protected undet Delhi Special Structure is not protecedgranted Provisions Act under Delhi Special Provisions

Act.–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––

After the establishment provides affidavit/ License shall not be granted.indemnity bound as prescribed under clause9(a) of the Policy, Limited License will begranted which shall be effective for theperiod for which they may enjoy certainimmunity and shall stand null and voidwhen it ceases to exist.

–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––• The licensee cannot claim/demand immunity from action or penalties on the ground that

the Trade License has been granted without verification of such applicable provisions ofbeing ‘Authorised Building’.

• Grant of license under the scheme shall not, ipso facto, entitle the licensee to claimpermission as laid down under Section 347 of the DMC Act or any permission availableunder the Act.

• Granting of more than one license in a premises does not/can not mean approving of suchdivisions of the property for the purpose of chapter XVI in any circumstances.

(12) VERIFICATION OF ENCROACHMENTS ON PUBLIC LAND BEFORE GRANT OFLICENSE :

• Trade License shall be granted only to such establishment that have not encroached onGovernment or public land. This shall be considered primarily on the basis of statementand affidavit of the applicant. However, in case, any discrepancies in the affidavit/statement is found, strict action and penalties under the DMC Act shall be imposed andaction for cancellation of license shall be undertaken against that establishment.

• In case there is encroachment on Government or public land, it shall be ascertained if it isprotected under special laws, the application shall be processed, for grant of LimitedLicense which shall be effective for the period for which they may enjoy certain immunityin the special area and shall stand null and void when it ceases to exist.

• The licensee cannot claim/demand immunity from action or penalties on the ground thatthe Trade License has been granted without verification of such applicable provisions ofencroachments.

• License shall be void ab-intio/illegal in case it is found that that the same has beenobtained on encorached land or right of way or any other encroachment that are notprotected under Special Laws.

[ 63 (N) ]

(13) DELlNKING OF GRANT OF LICENSE FROM OTHER LIABILITIES/OBLIGATIONSMADE AVAILABLE UNDER THE ACT :

The trade/storage license shall not be withheld on account of any other Municipal taxes/fees/fines/penalties (except those mentioned at Para 10(h) above) that may be due to NORTH DMC. TheTrade licensing authority shall be responsible for regulating the trade license for the purpose of PublicConvenience, Public Safety and health. It shall be the responsibility of respective departments of NORTHDMC to recover the taxes/dues applicable in respect of them. The licensee cannot claim/demand immu-nity from payment of such applicable Municipal taxes/fees/fines/penalties on the ground that the TradeLicense has been granted without verification of such applicable Municipal taxes/fees/fines/penalties.

(14) REGISTRATION OF ALL ESTABLISHMENT AND PAYMENT OF PROCESSINGCHARGES :

All estahlishments (those who have valid license for the current financial year 2012-2103. aswell as those who are operating without license) need to register with NORTH DMC in the notified timeframe and pay applicable Processing Charges for registration. In case any establishment has a validlicense for the current financial year, it shall have to pay only the Processing charges (This is non-transferableand non refundable, presently one time processing charges are Rs. 550/- which may vary from time totime, depending upon the exigency of work) to register the establishment in the scientific database beingprepared for streamlining the administration of licenses by NORTH DMC.

(15) CONDITIONS FOR RE-REGISTRATION OF ALREADY LICENSED UNITS :

Any existing valid license shall stand automatically cancelled in case of change of ownership/change of address/change of nature of business/change in name of the company or death of theowner/proprietor :—

• In case of change of place of business, nature of business, changein name of theCompany, the old license shall cancel and a new license shall be applied along withpayment of applicable license fees.

• Incase where the change of ownership on account of death of the proprietor, partner,director, member by their legal heir no license fees shall be charged.

• It shall be the liability of the establishment to inform the South Delhi MunicipalCorporation of such incidence and get the old license cancelled and new license issuedwithin 30 days of such incident(s). After expiry of 30 days, application for re-registrationunder this clause shall not be entertained under any circumstances.

(16) LICENSE NUMBERING AND E-LEDGER :

North DMC shall create a new license numbering system in the view of the scientificdatabase which shall be created as a result of door to door registration/special registration camps in thejurisdiction of North DMC.

(17) LICENSE/LIMITED LICENSE FORMAT :

A standard format has been proposed and the back side of the license shall have printed termsand conditions of the license and all conditions u/s 430 (1) of the DMC Act or other pre conditions asapproved from time to time by the competent authority.

[ 64 (N) ]

(18) DISPLAY OF LICENSE :

Henceforth, all establishments need to display the Trade Licenses at a conspicuous visible andprominent location within their premises. This shall help in easy identification of all licensed units andthereby help in enforcement against unlicensed unit. They are liable to produce the same for inspectionu/s 430 (5) of the DMC Act.

(19) ONE TIME SETTLEMENT SCHEME FOR ARREARS/UNREGISTERED PREMISESDURING THE SPECIAL DOOR TO DOOR REGISTRATION :

As many establishment may have been in existence for long but would not have obtainedtrade license or may have arrears for non renewal of Trade license. These establishment can clear all olddues, subject to payment of a onetime penalty at the rate of five times the annual current year licensefees payable provided that the same is covered under the present policy. One those establishments whichparticipate in door to door registrartion and make on the sport payment can avail of the said benefit.

(20) METHOD OF PAYMENT OF LICENSE FEES/RENEWAL LICENSE FEES :

• North DMC shall encourage applicants to regularly make payment towards the fee forcurrent financial year and of renewal of license fee thereof. It is optional for the applicantto make the payment either on annual basis or for three years in lump sum. In case offresh license 10% discount shall be given when the applicant makes lump sum paymentfor three years. In case of renewal the discount of 10% shall be made available onlywhen it is made before expiry of the existing license period.

• The mode of payment of license fee would be by way of cash, pay order/banker cheque,credit/debit card or online payment gateway. The applicants who choose to pay thelicense fee on annual basis shall be encouraged to pay through ECS FORMAT. Theburden on account of ECS charges will be borne by the applicant himself.

• However, establishments shall have the option of making license renewal fees payment incash at the North Delhi Municipal Corporation approved locations or direct payment intothe designated bank account for license renewal of the North Delhi Municipal Corpora-tion. That the standard payment slip can be downloaded from the website of NORTHDMC and the entire partnering bank/s shall also keep such customized pay in slips forbenefits of licensee.

(21) COST OF ELECTRONIC TRANSACTION CHARGES TO BE BORNE BY THEAPPLICANT :

All electronic payments be it during special door to door registration scheme of later forrenewal shall be borne by the applicant.

(22) SPECIAL REGISTRATION DRIVE AND MODE OF PAYMENT OF LICENSE FEES/PROCESSING FEES DURING THE SPECIAL REGISTRATION DRIVE :

• The NORTH DMC shall select an agency through tender process to carry out door todoor registration/special registration camps in markets to ensure universal coverage ofestablishments under Trade license falling in the jurisdiction of NORTH DMC. For thisservice, processing charges in addition to the applicable license fees shall be paid by theestablishment.

[ 65 (N) ]

• The processing charges can be paid either in the form of Demand Draft or Online/POSMachines using Debit or Credit Cards or Pay Pal Card etc. or Mobile Payment or Cashor any other method as approved by Reserve Bank of India.

• That the establishment has the option of making direct payment in the designated bankaccount for such purposes. The NORTH DMC or any agency appointed thereof shallnot be responsible for any cash payments to unauthorised persons or at unauthorisedlocations.

(23) MODE OF PAYMENT OF LICENSE FEES BY ESTABLISHMENTS HAVINGMULTIPLE LICENSED UNITS ACROSS JURISDICTION OF NORTH DMC :

If any establishment having the same PAN Number has multiple shops/establishments acrossjurisdiction of NORTH DMC (e.g. retails stores chains etc.), the establishment can pay centrally for allestablishments to the competent authority :—

(a) This is in line with the demand from business establishments having multiple establish-ments in a city who want to pay all license fees in one go without the need for undergoingcomplex and multiple documentation.

(b) At the time of registration of such establishments, they shall have to provide additionalinformation in supplementary registration form along with photo of the establishment andaddress proof.

For all such existing licensed units, the quoting of allotted license number shall be mandatory,pending which the amount shall be forfeited and license cancelled.

(24) MODE OF MANAGEMENT OF LICENSE FEES/PENALTY ETC. :

All the income generated under this scheme shall be deposited in general account of NORTHDMC. Income received on account of following transactions shall be maintained in the D&C registerseparately indicating following mandatory details :—

(a) Commissioner, North Delhi Municipal Corporation License Registration A/c.

(b) Commissioner, North Delhi Municipal Corporation License Renewal A/c.

(c) Commissioner, North Delhi Municipal Corporation License Penalty A/c.

(d) Commissioner, North Delhi Municipal Corporation License Interest A/c.

(e) Any other account that the Commissioner, North Delhi Municipal Corporation mayprescribe :—

• This is not only beneficial from the point of view of accounting and audit but will alsohelp keep track of defaulters.

• Daily reconciliation of bank statements shall be done and the audit shall be done on afortnightly basis by NORTH DMC for this purpose.

(25) GRANT OF PROVISIONAL LICENSE/LIMITED LICENSE :

In order to streamline records of trade license and ensure transparency, all applicants of newTrade Licenses shall be issued by a Provisional License/Provisional Limited License which shall be validfor a period of 90 days. The Provisional License/Provisional Limited License shall be issued only aftersubmission of complete application/pending scrutiny and the payment receipt is confirmed.

[ 66 (N) ]

(26) LICENSE ISSUING AUTHORITY :

The permanent license may be given once all the documents are verified and applicationapproved by the competent authority. Under Section 491 of the DMC Act, the Commissioner herebydesignates the following license issuing authority :—

(a) Administrative Officer of License Department for all licenses with annual license feesupto Rs. 7,500/-.

(b) Asstt. Commissioner (Licensing) of the respective zones for all licenses with annuallicense fees of Rs. 7,501/- and above.

(27) RENEWAL FROM RESPECTIVE ZONE UNDER NORTH DMC :

The licensee shall be required to submit application for renewal along with proof of paymentof prescribed license fee to the CSB counters in the respective zone. Further, renewal can also be appliedon-line through the application provided by the Corporation. The Application for renewal has to besubmitted at least 30 days prior to the date of expiry of the license being held by the licensee. In case ofrenewal application submitted at CSB counters applicable CSB service charges shall be paid in addition tothe license fee.

(28) TIME LIMIT FOR ISSUANCE OF TRADE LICENSE :

The Licensing Branch of the zones has to process the document and complete all theformalities within 60 days of submission of the application form. In case of any deficiencies/anomalies arenoticed in the same, it shall be communicated to the applicant within 15 days of receipt of the application.

(29) PERIOD OF VALIDITY OF LICENSE :

In the interest of convenience of licensees (as the current financial year would shortly cometo an end by the time this policy is opetationalized) the validity of the license issued in case of license feepaid for one year shall be 31-3-2014. Similarly if the establishment has paid license fee for three years, itsvalidity shall be 31-3-2016. For purposes of record, every license granted under Section 417 and 430 ofDMC Act shall cease to be valid on 31st day of March of the year. All trade & storages which requireannual consent of Delhi Fire Service, DPCC, Delhi police etc shall be given license annually only.

(30) PENAL ACTION FOR NON COMPLIANCE :

No person shall run trade activity without written permission of the Commissioner, NORTHDMC. Any violation of the obligation imposed by or under the Act shall attract Prosecution action as laiddown u/s 461 and the Twelfth Schedule of the DMC Act.

(31) PENALTY :

Penalty for Non Registration within the Sepcified Time Limit :

Penalty of Rs. 1,000/- for each such default and Rs. 100/- per day post the notice period.

(32) FORMAT OF NOTICE FOR COMPLIANCE :

Those establishments who fail to get registered despite PUBLIC NOTICE and do not pay therelevant license fees/processing charges during the door to door registration shall be served with aDEFAULTER NOTICE for compliance, format of which is enclosed.

[ 67 (N) ]

(33) GENERAL TERMS AND CONDITIONS FOR GRANT OF LICENCE :

After receipt of application, the Authorised Officer may visit the site within 15 days forinspection/enquiry as he may deem fit, and thereafter issue the licence after obtaining approval of theCompetent Authority within 60 days of the receipt of application. The following norms will be adopted bythe licensee also :—

(a) The licensee shall permit the authorized officer to inspect the premises underconsideration and licensed premises at all reasonable times and without notice.

(b) The licence shall be displayed in the trade premises and the licensee shall on demandproduce it for inspection to the authorized officer.

(c) The licensee shall neither do nor permit any negligent act likely to cause fire or otherwiseendanger the public safety in the licensed premises.

(d) The licensee shall provide such adequate fire extinguishing measures and appliances asmay be determined by Delhi Fire Service.

(e) Whenever the licensed premises will be vacated, the licensee shall inform the concernedOfficer and will return the licence.

(f) The licensee shall keep the premises clean and will prevent accumulation of filth orrefuse.

(g) The licence shall not be transferable from one premise to another.

(h) The licensee shall make separate storage arrangements for the articles which areintended for human & annimal consumption and which are poisonous or likely tocontaminate.

(i) The licensee shall ensure that not act done in the license premises shall lead to danger tolife or property, nuisance etc.

(j) The licensee shall not encroach upon public land in any manner.

(34) REVOCATION, SUSPENSION AND RESTORATION OF LICENCE :

If the licensee fails to comply with any of the conditions of licence, the Dy. Commissioner ofthe concerned zone or any other authorized officer, after giving an opportunity to the licensee of beingheard in the matter, revoke or suspend the licence. The appeal for restoration of such revoked/suspendedlicence will lie with the Addl. Commissioner, In-charge of the Zone, if the licensee has removed thecontraventions.

(35) DUPLICATE LICENSE :

The duplicate license will be issued in case the original trade license is lost, mutilated ordestroyed, etc. Processing fees for duplicate license shall be as per prescribed rates and shall be appliedalong with old license No. (with copy of the original license if available), copy of FIR/NCR in case it is lostor misplaced and an affidavit, as prescribed, on Non Judicial Stamp Paper to the effect that the lostlicense, if traced, will not be misused and will be returned to the NORTH DMC.

List of Annexures attached with this policy :

(a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGY INGRANT OF LICENSE

(b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE &APPLICABLE TRADE LICENSE FEES

[ 68 (N) ]

(c) ANNEXURE-III — MASTER PLAN REGULATIONS

(d) ANNEXURE-IV — AFFIDAVIT FORMAT

(e) ANNEXURE-V — APPLICATION FORM FOR FRESH TRADELICENCE

(f) ANNEXURE-VI — LICENSE FORMAT

(g) ANNEXURE-VII — LIMITED LICENSE FORMAT

(h) ANNEXURE-VIII — ECS FORMAT

(i) ANNEXURE-IX — PUBLIC NOTICE

(j) ANNEXURE-X — DEFAULTER NOTICE FORMAT

(k) ANNEXURE-XI — APPLICATION FORM FOR RENEWAL OF TRADELICENCE

(l) ANNEXURE-XII — APPICATION FORM FOR DUPLICATE TRADELICENCE

(m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT

ANNEXURE-I

MUNICIPAL CORPORATION OF DELHICENTRAL LICENSING & ENFORCEMENT CELL

Nigam Bhawan, Kashmere Gate, Delhi-6

No. OSD/CL&EC/2010/16 Dated : 19-1-2010

Please find enclosed herewith the Minutes of the meeting of Select CVOs held on30-11-2009, issued by Ms. Shalini Darbari, Director, Central Vigilance Commission (CVC) videNo. 009/CRD/021/67283 dated 16-12-2009, for taking necessary action on the item related to issue ofLicences and Building activities in the Zones of MCD.

Encl. : As above. Sd/-

(AMIYA CHANDRA)OSD (CL&EC)

1. All DCs/ACs of the Zones of the MCD (City Zone).

2. Superintending Engineer (Building) (HQ), MCD.

Copy for kind information to :—

1. Addl. Cm. (revenue), MCD

2. Chief Vigilance Officer, MCD.

[ 69 (N) ]

No. 009/CRD/021/67283GOVERNMENT OF INDIA

CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan, Block-AGPO Complex, INANew Delhi-110023

Dated 16th December, 2009

To,

Shri Pradeep Srivastava,Chief Vigilance Officer,MCD,16-Rajpur Road,Delhi.

Subject :— Meeting with Select CVOs—regarding.

Sir,

A copy of the minutes of the meeting of Select CVOs held in the Commission on 30-11-2009,is enclosed for necessary action. Action taken report in the matter may be furnished to the Commission atthe earliest.

Yours faithfully,

Sd/- 16-11-2009

(SHALINI DARBARI)Director

MINUTES OF THE REVIEW MEETING HELD BY THE COMMISSION WITHSELECT CVOs ON 30-11-2009

CVC in the chair.

2. At the outset, CVC welcomed the participants and informed that the Commission wasreintroducing the system of holding review meetings with CVOs in smaller groups, in order to addressproblem areas in a more focused manner. There was need for CVOs to concentrate on areas prone tocorruption specially where there was public interface. The public delivery services reflected the face ofthe Government to the public at large and even petty corruption in these places marred the image of theGovernment. The senior officers should be sensitive to these aspects and should act decisively to put acurb on corrupt practices in their respective departments, else penal action could result against seniorofficials if visible improvement was not perceived. The priority of the Government in this regard wasclearly laid down. The departments like DDA would have to minimise personal contacts to the largestextent possible. The Commissioner’s emphasis on leveraging of technology to stop public interface shouldbe accorded highest priority by CVOs. Non implementation of these guidelines by the organisations wouldbe interpreted as “malafide” and could invite disciplinary proceedings.

3. Vigilance Commissioner Smt. Ranjana Kumar emphasised the need for adhering to the timelimits set. The delays in cases needed to be explained. There was a lack of sensitivity towards gravity ofissues. The monthly report being sent by CVO was taken as a routine. There was a need for a stated

[ 70 (N) ]

complaint handling policy in all organisations. The focus should be on putting systems and policy in place.CVOs should not go by presumptions but do proper analysis of facts.

The issues pertaining to the departments were also discussed.

GNCTD :

1. CVC desired that Delhi Government should concentrate on systems improvements. Oneofficer in each of the major departments of Delhi Government should be nominated asCVO. A CVO can also be appointed for a cluster of departments. This should be acted onimmediately. The list of designated officers should be sent to the Commission by end ofDecember, 2009.

(Action : CVO, GNCTD)

2. CVO, GNCTD raised the issue of the cases where the files were lost and action couldnot be proceeded with CVC observed that the issue was quite grave. The custodian of thefile should be taken up under disciplinary proceedings. Simultaneously efforts should alsobe made to reconstruct such files.


3. CVC mentioned about the lack of leveraging of technology in Government of Delhi. Thisaspect should be attended to by CVO.


4. CVC desired that technical audit of systems in transport department should beundertaken.


Railways :

1. CVC observed that Railways should also concentrate on systematic improvementsspecially freight operations and parcel bookings.

(Action : CVO, Railways)

2. The areas of activity where public interface is maximum should be immediately taken upfor computerisation in order to minimise the use of discretionary powers.


3. The CVC observed that the seniority of the officials should not come in the way ofobjective analysis of the cases.


4. The number of cases being generated in the Ministry of Railways was very large. CVO,Railways mentioned that a proposal had been sent to the Commission in this connection.CVC desired that the proposal should be examined quickly in the Commission.

(Action : Coordination-I)

[ 71 (N) ]

MCD :

1. CVO, MCD informed the Commission about systemic changes introduced in the area ofsanction of Building Plans and sanction of Completion Certificates. CVC observed thatthe areas of activities where MCD had to accord clearances especially relating to li-cences should be streamlined. These activities should also be covered under leveraging oftechnology. This should be done within the time frame of six months.

(Action : CVO, MCD)

LIST OF PARTICIPANTS

Shri A.P. Mishra, Advisor (Vig.),Railway Board,Rail Bhawan,New Delhi.

Smt. Rina Ray, Secretary (Vig.),Govt. of NCT of Delhi,Delhi Sachivalaya,New Delhi.

Shri Pradeep Srivastava,Chief Vigilance Officer,MCD,16, Rajpur Road,Delhi.

Smt. P. Gopinath,Chief Vigilance Officer,Delhi Jal Board,Varunalaya, Phase-II,Karol Bagh,New Delhi.

Shri Alok Swarup,Director (Vigilance),DDA,Vikas Sadan, INA,New Delhi.

Shri Sat Paul,CVO, BSNL,Corporate Office,Statesman House,New Delhi.

Ms. Jasdeep V. Singh,CVO, CLEC,Room No. 280, Samrat Hotel,Chankyapuri,Kautilya Marg,New Delhi-110021.

[ 72 (N) ]

ANNEXURE-II

TRADE/STORAGE LICENSE—CLASSIFICATION CODE ANDANNUAL LICENSE FEES

——————————————————————————————————————————S. Major Category Sub Description Annual

No. Code Code License Fees——————————————————————————————————————————

1. 001 Retailinggeneral

001A Fire fighting/extinguishing equipments 1,200/-

001B Home furnishings 15,000/-

001C Locks & safe 1,200/-

001D Multi brand hyper marts/multi brand 15,000/-retail outlets/bulk cash and carry stores

001E Music instruments 1,200/-

001F Neighbourhood general stores 1,200/-

001G Stores & shops in malls, hotels, shopping 7,000/-complexes, major market complexes, mainroads retailing any kind of consumer goods

001H Stores/Shops in loca shopping centers (DDA 1,500/-market)/convenient shopping centers (DDAmarket) retailing any kind of consumer goods

Note : In case of mixed retail (Edible & non edible)the majority items shall decide the licensingauthority

2. 002 Telecomrelated

002A Back end data Processing for Banks/Telecom/ 6,000/-Insurance/Any other sector etc.

002B Back end Engineering support Services/Network 15,000/-support services

002C BPO/Call centers 15,000/-

002D Cable Network 3,000/-

002E Computer aided design 6,000/-

002F Cyber Cafe 1,200/-

002G EPC (Engineering Project Management Services/ 15,000/-Project Consultancy for Turnkey Management)

002H Mobile/Telecome Operator Company Offices 15,000/-

[ 73 (N) ]

002I Mobile Phone Retail Stores/Mobile Recharge 2,000/-Coupon Store/DTH Recharge Coupons/Mobile Accessories/Mobile Repair Shops

002J Photocopy/Xerox/Book Binding 1,200/-

002K Server Management Services/Data Centers 15,000/-

002L Software Developers—Pvt. Ltd./Ltd. Companies 15,000/-

002M Software Developers—Propreitorship Firms/ 6,000/-Partnership Firms

002N STD/PCO 1,200/-

002O Telecom Exchange Private 15,000/-

3. 003 FinancialSector

003A ATM Machimes—Offsite as well as onsite 5,000/-(in case of outsourced ATM’s also complianceshall be done still shall be done by the Bank towhom they are connected)

003B Bank Branches or their offices (all Banks 12,000/-Recognized by RBI)

003C Carbon Trading/Carbon Finance/Intermediaries 15,000/-

003D Car Finance 6,000/-

003E Financial Research & Advisory Services 15,000/-

003F Stock Broking Company/Portfolio Investment 15,000/-Management Company

003G Food Grain Commission Agents 3,000/-

003H Insurance Company Branches or their Offices 12,000/-(Life/Non Life/General Insurance)

003I Mobile Banking Solution Provider 6,000/-

003J Mony Transfer agencies like Westers Union/ 6,000/-Money Exchange

003K Multi level Marketing Companies 15,000/-

003L Non Banking Financial Companies & Their 12,000/-Branches

003M Online financial Services/Online Portals where 15,000/-Goods/Services are Traded/Sold/Provided forCommission or Payment/E-commerce Services

003N Share Trading Terminal—Individual operated 3,000/-and limited to one machine only in case ofmore than one machine shall be treated asstock broking company

003O Third party administrators for insurance companies 6,000/-

[ 74 (N) ]

4. 004 Leisure &Entertainment

004A Computer gaming/video game parlors 1,200/-

004B Business centre operating individually or in 15,000/-hotels

004C DJ & light/sound band 3,000/-

5. 005 Helath &fitness

005A Health fitness equipment 12,000/-

005B Optical glasses 3,000/-

005C Scientific equipments and accessories 2,000/-

005D Surgical & medical equipments 2,000/-

6. 006 Educational 006A Airhostess training/personality development 15,000/-grooming academy

006B Coaching Centre—Any kind of competitive exams 15,000/-whether for Medical/Enginnering/MBA/Government Jobs/Banks/Insurance any otherjobs etc.

006C Coaching Centre—Student Counseling for 15,000/-Overseas Education & Related Placements

006D Coaching Centre—Technical like ERP/Software 15,000/-Training/Computer Hardware/ComputerNetworking Multimedia

006E Correspondence Tutorials 15,000/-

006F Kindergarten Schools & Schools not Affiliated 3,000/-to ICSE/CBSE/State Examination Board havingsingle branch

006G Kindergarten Schools & Schools not Affiliated 15,000/-to ICSE/CBSE/State Examination Board havingmore than one branch

006H Music/Dancing/Fine Arts Training/Aerobics 2,000/-Training

006I Online Tutorials 15,000/-

006J Private Colleges/Technical Institutions/ 15,000/-Vocational Institutions/Study Centres ofUniversities in other States/Including theirAdministrative Offices

006K Private schools till class 10th 10,000/-

006L Private schools till class 12th 15,000/-

006M Skills Development Courses 15,000/-

[ 75 (N) ]

7. 007 Housing related

007A Builders and Civil Contractors 10,000/-

007B Nursery 1,200/-

8. 008 Building material/Fabrication/Furnishing

008A Shuttering and scaffolding 3,000/-

008B Boring & drilling 3,000/-

008C Brushes used in painting 1,200/-

008D Building material (sale of sand/cement/ 3,000/-stone chips/bricks either singly or incombination)

008E Cane and cane products 3,000/-

008F Cement and cement concrete models 3,000/-

008G Chair/Table/Furniture and plywood or wooden 3,000/-materials/sandalwood/wood fiber

008H Corrugated sheets—Iron/steel/asbestos/plastic/ 3,000/-fibers/khapda etc.

008I Crockery/Bone china/cutlery 2,000/-

008J Doors & windows 3,000/-

008K Floorings—Kota stone/tiles/linonium/wooden 7,000/-flooring/marble/slate/granite/stone etc. and relatedworks like cutting, polishing, dressing etc.

008L Glass & related articles 6,000/-

008M Hardware/Sanitary fittings 3,000/-

008N Iron and steel—Angles/rods/sariya/tor and any 6,000/-iron related fabrication (non factory)

008O Metal fabrication/casting/polishing/assembling 3,000/-parts of metal etc.

008P Plywood/hardwood 3,000/-

008Q Tomber—Including timber trade/cutting/sawing 3,000/-

9. 009 Offices

009A Administrative offices/private offices/Government 6,000/-PSU offices

[ 76 (N) ]

10. 010 Electrical

010A Consumer electronics 2,000/-

010B Computers & peripherals 2,000/-

010C Solar power/alternative energy based products 1,200/-

010D Cables and wires 2,000/-

11. 011 Service industry

011A Advertisements agencies 2,000/-

011B AMC/after sales service 3,000/-

011C Architect/Interior decorator 3,000/-

011D Audio visual equipment/conference 3,000/-equipment rental

011E Book binding 1,200/-

011F CNF agencies 15,000/-

011G Courier services 2,000/-

011H Electronic goods repair shop 3,000/-

011I Event management companies 12,000/-

011J Film distributor 3,000/-

011K Florist 2,000/-

011L Gas/cooking stove dealer 1,200/-

011M Memm (heavy earth moving materials); 10,000/-cement mixing; chanes services leasing/renting companies Hemm

011N Horoscope services 2,000/-

011O House keeping services 3,000/-

011P HR Consultancy/consulting companies/ 3,000/-placement agency

011Q Movers and packers 7,000/-

011R Photo framing 1,200/-

011S Printing press 2,000/-

011T Property dealers/real estate agents 2,000/-

011U Security & detective agencies 3,000/-

011V Taxi rental service 1,200/-

011W Tent house including storage of shamiana/ 2,000/-kanat/tents

[ 77 (N) ]

011X Third party inspection, testing & certification 6,000/-services

011Y Tours & travel agents 1,200/-

011Z Transporters/transport agents/shipping & 3,000/-logistical services/cargo agents/Air cargorelated activities

011AA Tyre repair & puncture repair 600/-

011AB Watch repair 600/-

011AC Wedding planner 10,000/-

011AD Welding & molding—By gas/electric or 3,000/-whatsoever process

12. 012 Chemicals/petrochemicals/gases

012A Acids (to be issued by Deputy Commissioner only) 1,200/-

012B Air Compressing 1,200/-

012C Ayurvedic medicines 1,200/-

012D Bitumen & Tar 1,200/-

012E Box/cartons 1,200/-

012F Camphor 1,200/-

012G Carbide/calcium 1,200/-

012H Celluloid/celluloid material or goods 1,200/-

012I Charcoal/coal 1,200/-

012J Chemicals—Liquid/solid/powder (Except 3,000/-those in negative list)

012K Chemist shops 1,200/-

012L Cinematography film/and processing related thereof 3,000/-

012M Cooking gas retail agencies 2,000/-

012N Copra and all kinds of fibers 1,200/-

012O Cosmetic/toilet goods 1,200/-

012P Electroplating 1,200/-

012Q Fireworks—Subject to permission of local 2,000/-administration and police

012R Flax 1,200/-

[ 78 (N) ]

012S Foam & rexine 2,000/-

012T Incense sticks & worship items 1,200/-

012U Ink for printing/writing or stamping 1,200/-

012V Insecticide/pesticides/fertiliser 1,200/-

012W Lathe machine 1,200/-

012X Leather/plastic/fiber 1,200/-

012Y Lime 1,200/-

012Z Medical/industrial gas 2,000/-

012AA Non edible oils 2,000/-

012AB Paints/thinner/varnish/solvents 3,000/-

012AC Paper/stationary & cardboards/office accessories 1,200/-

012AD Perfume & DEOS 1,200/-

012AE Petrol pump/CNG station/Kerosene depots/ 3,000/-Petroleum and Pertoleum products

012AF Plastic goods 1,200/-

012AG Repleted and denatured spirits 1,200/-

012AH Resin or dammar 1,200/-

012AI Rubber or rubber goods 1,200/-

012AJ Saltpetre 1,200/-

012AK Soaps & detergents 1,200/-

012AL Straw 1,200/-

012AM Wax products & candles 1,200/-

13. 013 Animal related

013A Animal food/hay/fodder 1,200/-

013B Pet animal trading 3,000/-

013C Pet food & accessories 3,000/-

14. 014 Automobilerelated

014A Auto spare parts 2 Wheeler 1,200/-

014B Auto spare parts Four Wheeler 3,000/-

014C Automobile sales showroom 15,000/-

[ 79 (N) ]

014D Automobile workshops & service station— 10,000/-company owned

014E Automotive Oils 2,000/-

014F Battery and Invertor 2,000/-

014G Car Accessories 3,000/-

014H Cycle shops/spare parts 1,200/-

014I Motor body building/denting/painting 6,000/-

014J Motor driving school 2,000/-

014K Seat and seat covers 3,000/-

014L Second hand vehicle dealers—Auto deals fairs/ 3,000/-commission agents

014M Small automobile workshop operated by 2,000/-individual mechanic

014N Tyre remolding 2,000/-

014O Tyres/tubes & accessories retail 2,000/-

014P Wheel alignment & balancing 3,000/-

15. 015 Equipments

015A Agricultural tools and equipment 1,200/-

015B Air compressors & parts 3,000/-

015C Machinery & machinery tools 3,000/-

015D Machinery spare parts 3,000/-

015E Sewing machine 1,200/-

16. 016 Miscellaneous

016A Aluminum/tamba/kansaya/peetal/metal goods 1,200/-made thereof

016B Bangles glass/plastic glass bangles 1,200/-

016C Books/stationary/paper and related products 1,200/-

016D Cloth merchandise–cotton/silk/wool/yarn. 2,000/-tarulin or their refuse or carding or processing etc.

016E Gunny bags/jute and jute related products 1,200/-

016F Hair hair product 2,000/-

016G Home utensils 1,200/-

016H Hosiery 1,200/-

016I Leaves of any kind 1,200/-

[ 80 (N) ]

016J Matches/match box/lighters 1,200/-

016K Movie CD’s/Audio CD’s/DVD/Blue Ray 2,000/-DISC etc/Digital storage devices

016L Old goods recycler/disposal house 3,000/-

016M Packing and packaging material 1,200/-

016N Photography studio/videography/and 1,200/-related materials

016O Rags and waste material 1,200/-

016P Seeds—Non edible 1,200/-

016Q Sports goods 3,000/-

016R Suitcase/briefcase/bags/trunks 2,000/-

016S Toys & gifts material/card store 1,200/-

016T Umbrellas 1,200/-

17. 017 Permissions

017A Permission to hold exhibitions or sale in 10,000/-temporary basis on weekly basis

017B Stalls & exhibitions (Per stall) on weekly basis 1,200/-

18. 018 Fine Arts

018A Art galleries 15,000/-

018B Artificial Jewellery 1,200/-

018C Blacksmith/Goldsmith/Silversmith/Tinsmith/ 1,200/-Copper smith

018D Block making 1,200/-

018E Branded Jewellery store 15,000/-

018F Jewellery stores 6,000/-

018G Pottery 1,200/-

018H Precious metal refining of or recovering 1,200/-of the from embroideries

018I Sharpening of metals 1,200/-

018J Utensil polishing 1,200/-

018K Wire netting, knitting, drawing 1,200/-

19. 019 Storages

019A Cargo/transport/logistics/courier agency godown 3,000/-

019B Chemical storage godown (Subject to 15,000/-special serutiny)

[ 81 (N) ]

019C Gas/CNG godowns 3,000/-

019D Storage godowns (Not defined elsewhere) 3,000/-

019E Storage of explosive materials (Subject to 15,000/-approval of DFS/Delhi Police/othercompetent authority)

019F Storage godown for hypermarts 15,000/-

20. 020 Others

020A Others 15000/-——————————————————————————————————————————

NOTE :— THE SHOPS DEALING IN GOODS/ITEMS FALLING UNDER MORE THAN ONECATEGORY/ENTRY OF THE SCHEDULE WOULD BE CHARGED LICENSE FEEOF THE HIGHEST APPLICABLE CATEGORY.

ANNEXURE-III

TRADE/STORAGE POLICY, NDMC-PROVISIONS MPD-2021

1. IN RESIDENTIAL AREAS (APPROVED COLONIES/UNAUTHORIZEDREGULARIZED COLONIES/RESETTLEMENT COLONIES/VILLAGE ABADIES) :

(a) Household Industries :

Household industrials units (Group-A) are allowed on any floor in residential areas to theextent of 50% of permissible floor area of the dwelling units as per Clause 7.4, 7.5 & table 7.1 ofMPD-2021 subject to conditions/provisions of MPD-2021.

(b) Small Shops :

The small shops of maximum 20 sqm. area are allowed on ground floor only in residential plotsof all categories including A&B Category colonies. The list of such trade/activities is given under clause15.6.3 of MPD-2021.

(c) Notified Commercial/MLU/PSS Streets :

Retail shops on Plots abouting notified mixed-use streets including PSS (mixed use) arepermitted on ground floor only as per MPD-2021. Mixed use from basement on such street may beallowed. Subject to relevant provision of building byelaws, structural safety and fire safety clearance.However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excessshall be used, subject to payment of appropriate charges prescribed with the approval of Government,Para 15.3.2.1, 15.3.2.2, 15.3.2.3, 15.3.3 (i) and 15.4 and other relevant provision shall be read along withthe above provision. (Refer clause 15.6 & it modification vide notification dated 12-8-2008).

Activities permitted under Local Shopping Center on notified commercial streets includingPSS (commercial) on all floors are permitted. Commercial activity in basement on such street shall bepermitted, Subject to relevant provisions of building byelaws, structural safety and fire safety clearance.However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excessshall be used, subject to payment of appropriate charges prescribed with the approval of Government.(Refer clause 15.12 of MPD-2021 & its modification vide notification dated 12-8-2008).

[ 82 (N) ]

(d) In Village Abadies :

House hold industries as listed under Group-A and A-I under Chapter-7 of MPD-2021 arepermitted in village (abadies) on any floor to the extent of 50% of permissible floor area of the dwellingunits subject to other provisions of Master Plan.

(e) Clause 5.1. PRE 1962/MPD-1962 Commercial Areas :

Residential areas and street/stretches earlier declared as commercial areas/street or wherecommercial use was allowed in MPD-1962 shall continue such use at least to the extent as permissible inMPD-1962. Commercial activities existing from prior to 1962 in residential areas are also permittedsubject to documentary proof thereof.

(f) Clause 15.3.1 in already urbanized/urban areas, mixed use shall be permissible in thefollowing areas :

(i) On all streets/stretches already notified by the competent authority.

(ii) Residential areas and streets/stretches earlier declared as commercial areas/streets orwhere commercial use was allowed in MPD-1962 shall contimue such use at least to theextent as permissible in MPD-1962.

(iii) Commercial activity existing from prior to 1962 in residential areas. Subjects todocumentary proof thereof.

General :

15.1 (v) Mixed-use (including small shops as per Para 15.6.3) shall be permitted in the Lutyens’Bungalow Zone, Civil Lines Bungalow Zone, Government housing, institutional/staff housing of public andprivate agencies and buildings/precincts listed by the Heritage Conservation Committee.

15.6.2 The following activities shall not be allowed under mixed use :

(a) Retail shops of building materials [timber, timber products (excluding furniture), marble,iron and steel, (gravel, cement and sand 2], firewood, coal and any fire hazardous andother bulky materials.

(b) Repair shops/workshops of automobiles, tyre resoling and-re-treading, and batterycharging 3.

(c) Storage, go-down and warehousing.

(d) Junk shop (except paper and glass waste)

(e) Liquor shop

(f) Printing, dyeing and varnishing

(g) Any other activity that may be notified from time to time by Government.

Notes :

Will not include :

1. Business of finished marble products where cutting and polishing activity of marble is notundertaken.

[ 83 (N) ]

2. Retail shops of gravel, sand and cement shall be permissible in residential plots of at least50 sqm., in notified mixed use streets in E, F & G Category colonies, provided that thematerial is kept entirely within the plot premises.

3. Repair shop and workshops in case of automobiles shall not be prohibited on plots abuttingmixed-use streets of right of way (ROW) of 30m or more.

2. COMMERCIAL AREAS (MCC, DC, NC, LSC, CSC, SERVICE MARKETS &SERVICE CENTRE) :

(a) Commercial activities as given under table 5.1 & 5.2 of MPD-021 are permitted.

(b) Industrial activities as listed under Group-A, A1 & B, Service/Repair/Parking/Assemblypermitted on plots falling in CSC, LSC, CC, DC, Service Master/Services as per Table 7.1of MPD-2021.

(c) On commercial component permitted in Group Housing, Petrol Pumps and Hotels etc. asper provisions of MPD-2021.

3. INDUSTRIAL AREAS :

(i) Units retail outlet and administrative office up to maximum 10% of floor area permitted onground floor only on approved industrial plots.

(ii) The activities of local shopping centre are permitted on industrial plots converted toCommercial use as per footnote (VI) of Table 7.30 of MPD-2021.

(iii) In designated commercial areas within Industrial Areas i.e. Shopping Centre, Services &Repair Shops etc.

ANNEXURE-IV

NOTARISED AFFIDAVIT ON Rs. 10 E-STAMP PAPER

1. That the license is being sought for the establishment in the name of ________________having premises at ___________________and running w.e.f. _____________ and thementioned address is the correct address for license purposes.

2. That I/we __________________________ S/o _____________________________R/o ________________________________ am the Prop/Partner/Director/Manager/Authorised Signatory of the said establishment and I/we am fully empowered to apply forTrade License to the South Delhi Municipal Corporation (NDMC).

3. That I/we agree that the License is being issued in the name of the establishment anddoes not have any bearing on the ownership and cannot be used for settlement ofownership disputes. That I shall not claim any right/title in the property/premises on thebasis of the said license.

4. That the building is structurally safe and sound. That in case of any accident/mis-happening. I/we will be personally liable for any claim/damages or legal liabilities from anyquarter. I/we further undertake that I/we shall maintain the structural stability during thecontinuation of trade.

5. That I/we further undertake not to claim being not entitled to regularize any unauthorizedconstruction and ownership or any other type of claim on the basis of the Trade/StorageLicense.

[ 84 (N) ]

6. That I/we will not hold the NDMC responsible or liable for any action against me by anyauthority, arising from or out of the grant of the said license and completely indemnify/keep harmless the NDMC or any action that may be taken or proposed to be taken byany of the authorities or Government Department or any Court of Law.

7. That there is no court case on account of violation of any law is pending against the aboveestablishment with respect to grant of License and I/we completely indemnify NDMC forany loss due to court case or any reason whatsoever with regard to dispute being applied/sanctioned herewith.

8. That I/we shall not use this license for any casein Court of Law.

9. That this document shall not be used for the purpose of obtaining any ID Document fromany Government Agency.

10. That I/we shall not permit in the Licensed Premises any negligent act likely to cause fireor otherwise endanger public safety.

11. That I/we shall at all times adopt and cause to be maintained in good order and efficientaction upon the licensed premises all such appliances or means for the purpose ofminimising danger to life or property or preventing, abutting or minimizing any nuisanceannoyance of inconvenience to the neighbourhood or public from the use of which thepremises are put.

12. That in case of death of the proprietor/partner/director/member etc. I/we shall inform thesame to NDMC within 30 days from the date of issue of death certificate and surrenderthe existing license and get a new license issued as per procedure defined by NDMC.That my license shall stand automatically cancelled and we are non-eligible for renewal incase we fail to inform about the same within 30 days from the issue of death certificate.That any attempt to continue business post death in the above circumstance shall betreated as a fraudulent practice and punishable under appropriate provisions of law.

13. The license so granted shall stand automatically cancelled in case of change of ownership/change of address/change of nature of business/change of constitution of the establish-ment and is non transferable.

14. That I/we have installed all the fire fighting equipments as per specifications of FireSafety Standards of the Competent Authority and completely indemnify the NDMC fromany incident of fire due to the grant of the said license.

15. That I/we will pay all fees, taxes, penalty, processing fees or any other charges that maybe imposed by the authorized officer of NDMC.

16. That I/we shall comply with all statutory taxation as may be imposed by any agency andI/we understand that the grant of Trade. License does not exempt us from payment ofsuch statutory taxes or dues or fines or any legal compliance by NDMC or anyGovernment Agency.

17. That at any point of time if any Government Order/Directions from Any Court of Lawwarrants special conditions/obligations to be met by the establishment, it shall be abide byand honoured. I/we also understand that Grant of Trade/Storage license does not abdicatethe responsibility of the licensed establishment towards such compliances and therefore,I shall comply with such legal/judicial requirements and grant of Trade/Storage Licenseshall only be for the purposes of license fees collection. I/we also understand and under-take that at any point of time due to directions of Govt./Court of law such licensebecomes void, the license so granted shall stand automatically cancelled without anynotice.

[ 85 (N) ]

18. That I/we undertake that I/we shall strictly adhere to and abide by all terms & conditionsimposed at the time of grant of Trade/Storage License and also imposed from time totime.

19. That the Commissioner, NDMC shall have the absolute right to refuse the renewal of thelicense or to alter ther terms & conditions thereof at any time either before the expirationor at the time of renewal of the Trade/Storage License.

20. That the license if granted by the Commissioner, NDMC for running the said trade/storage in the present premises, shall be liable to be suspended, withdrawn, revoked orcancelled at any time by the Commissioner without notice or without assigning any reasonthereof u/s 430 (3) of the DMC Act.

21. That my license is liable to be cancelledin case any of the declaration is proved to beotherwise or any of the information submitted in the application form is found to beotherwise.

22. That I/we shall keep the license prominently displayed in my establishment at all times andon demand by an officer of NDMC or personnel from agency appointed thereof shallproduce the same for inspection at any time without any advance notice.

23. That I/we shall immediately inform the police and NDMC in case of loss or theft of thesaid license and attach a copy of the same while applying for duplicate license.

24. That I shall apply for a duplicate license in case of theft/mutilation or destruction etc. afterpayment of approved fees/penalty.

25. Whenever the licenses premises will be vacated, I/we shall inform the concerned zonallicensing officer or Competent Authority and surrender the said license.

26. That I/we shall keep the premises clean & prevent accumulation of filth or refuse.

27. As per my/our knowledge/information, the proposed activity is a permitted activity underthe Master Plan of Delhi and related regulations or although the proposed activity/trade isnot in conformity with the Master Plan norms/regulations applicable for the location,currently the said trade/use is protected under the Delhi Special Provision Act till theapplicability of the said Act. I/we understand that the grant of this license does notabdicate our responsibility towards complying with any other provisions of the DMC Actor any other law for the time being in force.

28. That the sanctioned building plan/Occupancy certificate/regularisation plan (as the casemay be) could not be supplied on account of _____________________________(Refer Para 10.h.viii).

29. That there is no encroachment on public land in the proposed trade premises or there is anencroachment of ________ sqm. on public land and has been under existence since_________ and hence is protected/not protected under the Delhi Special Provisions Act.

DEPONENT

It is verified at Delhi on this day ________ of month ________ year 20 _______ that the above saidinformation is correct to the best of my knowledge and belief.

DEPONENT

[ 86 (N) ]

[ 87 (N) ]

[ 88 (N) ]

[ 89 (N) ]

XI. ENCLOSED DOCUMENTS :1. ESTABLISHMENT REGISTRATION DOCUMENT :—ROC Registration/Firm

Registration from Registrar of Firms or Society/IEC (import/export) Code issued byDirectorate General of Foreign Trade/Registration with any Government Agency etc.

2. COPY OF PAN CARD IN CASE OF THE ESTABLISHMENT/PROPRIETOR :—(in case establishment is exempt from PAN requirement the same should be sworn in theaffidavit).

3. PROOF OF ADDRESS OF THE ESTABLISHMENT :—Landline/Mobile TelephoneBill or Water Bill or Electricity Bill or Lease Deed/Rent Deed or Property ownershipdocuments.

4. ID PROOF THE PERSON SIGNING THE APPLICATION FORM :—AnyGovernment ID Document or else PAN Card copy.

5. AFFIDAVIT On Rs 10/- Stamp Paper duly notarised.6. LOCATION OF THE PROPERTY MARKED ON AN AREA MAP :—Any

standard map such as Google Map or Eicher Map can be used.7. CONDITIONAL REQUIREMENT :

(i) Structural Safety Certificate.(ii) Fire NOC.(iii) Pollution NOC.

8. OPTIONAL :(i) In case of any existing trade license, proof of payment of applicable Trade License

fees.(ii) Proof of Payment of One Time Settlement Fees, if applicable(iii) Latest Property Tax Receipt, if any(iv) Proof of Parking & Conversion Charges, if any(v) In case the land has been provided by SDMC or the erstwhile MCD or any other

Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of theallotment letter.

(vi) Copy of Sanction Building Plan OR Plan of the establishment showing the dimensionsand area.

(vii) In case documents as mentioned above are not supplied, it shall not be a ground fordenial of trade license. However, the licensee cannot claim/demand immunity frompayment of such applicable Municipal taxes/fees/fines/penalties on the ground that theTrade License has been granted without verification of such applicable Municipaltaxes/fees/fines/penalties.

9. OTHER DOCUMENTS AS APPLICABLE :

SITE PHOTOGRAPH

[ 90 (N) ]

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[ 91 (N) ]

LICENSE TERMS

(1) The license is non transferable and stand automatically cancelled in case of change ofownership/change of address/change of nature of busines/change of constitution of theestablishment.

(2) The license has been granted subject to the condition that the building is structurally safe,there are no encroachments on public land and the building is complaint with Fire SafetyNorms. There is no legal matter pending against the establishment/nature of business inany court of law which prohibits grant of license/limited license.

(3) The licensee shall ensure that no act done in the license premises shall lead to danger tolife or property, nuisance etc.

(4) The establishment shall be solely liable in case of any mis happening which threatenspublic safety or is in violation of the laws of the land.

(5) The license cannot be used to claim ownership/settle ownership disputes/of obtain anyGovernment ID Documents.

(6) The establishment shall at all times adopt and cause to be maintained in good order andefficient action upon the licensed premises all such appliances or means for the purposeof minimising danger to life or property or preventing, abutting or minimizing any nuisanceannoyance of inconvenience to the neighbourhood or public from the use of which thepremises are put.

(7) The establishment shall pay all fees, taxes, penalty, processing fees or any other chargesthat may be imposed by the authorized officer of NDMC.

(8) That at any point of time if any Government Order/Directions from any Court of Lawwarrants special conditions/obligations to be met by the establishment, it shall be abide byand honoured. The establishment also understans that Grant to Trade/Trade/Storagelicense does not abdicate the responsibility of the licensed establishement towards suchcompliances and, therefore, shall comply with such legal/judical requirements and grant ofTrade/Storage License shall only be for the purposes of license fees collection. Theestablishment also understand and undertaken that at any point of time due to directionsof Govt./Court of law such license becomes void, the license so granted shall standautomatically cancelled without any notice.

(9) The Commissioner, NDMC shall have the absolute right to refuse the renewal of theLicense/Limited License or suspend/withdraw/revoke license without notice or withoutassigning any reason thereof u/s 430 (3) of the DMCAct.

(10) The license/limited license is liable to be cancelled in case any of the declaration is provedto be otherwise or any of the information submitted in the application form is found to beotherwise.

(11) The establishment shall apply for a duplicate license in case of theft/mutilation ordestruction etc. after payment of approved fees/penalty.

(12) The licensee shall permit the Authorized Officer to inspect the premises underconsideration and licensed premises at all reasonable times and without notice.

(13) The licence will be displayed in the trade premises and he shall on demand produce it forinspection to the Authorized Officer.

(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the license.

(15) The licensee shall keep the premises clean and will prevent accumulation of filth or refusetherein.

[ 92 (N) ]

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[ 93 (N) ]

LICENSE TERMS

(1) The license is non transferable and stand automatically cancelled in case of change ofownership/change of address/change of nature of busines/change of constitution of theestablishment.













(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the license.


[ 94 (N) ]

ANNEXURE-VIII

ECS MANDATE FORM

——————————————————————————————————————————License Holder Name : ____________________________________________________________

License No: _________________________ Product Type : _________________

Electronic Clearing Service (Debit Clearing)

To,

The Manager

Bank Name : ___________________________________________________________________

Branch Name : ____________________________________________________________________

Address : _______________________________________________________________________

Telephone No: ________________

I hereby authorize you to debit my account for making payment to ________ BANK forTrade License Fees as notified by North Delhi Municipal Corporation from time to time through ECS(Debit) clearing as per the details given as under :——————————————————————————————————————————

S. No. Subject——————————————————————————————————————————

A. MICR-9 Digit code numbers of the bank & branch(Appearing on the MICR cheque issued by the Bank

B. Account Type (Saving/Current/Cash Credit) :

C. Ledger No./Ledger Folio No. :

D. Account Number :

E. Account holder names (As per bank’s record) : 1st

2nd

3rd————————————————————————————————————————————————————————————————————————————————————

Name of the Date of effect : 01-04-2013 Periodicity Amount Number of instalments/ValidScheme —————————— (upper up to (in case of utility

Start Date End Date limit) bills)/End Date—————————————————————————————————————————— South Delhi 01-04-2013 01-04-2013 Annual/ 7 Municipal Triennial Corporation Trade License Fees Renewal A/c——————————————————————————————————————————

[ 95 (N) ]

F. ECS DEBIT START DATE : 01-04-2013

I hereby declare that the particulars given above are correct and complete. If the transactionis delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold theuser institution responsible. I have read the option invitation letter and agree to discharge the responsibilityexpected of me as a participant under the scheme.

Date :

Signature of the Account Holder/s(As per Bank’s record)

——————————————————————————————————————————Certified that, the particulars furnished above are correct & as per our records.

——————————————————————————————————————————Bank’s Stamp

Date : Signature of the Authorized Official from the Bank

——————————————————————————————————————————

——————————————————————————————————————————(Note :—Mandate to be obtained in 3 copies, Original for Bank, One for NDMC and third copy for customer)

ANNEXURE-IX

NORTH DELHI MUNICIPAL CORPORATION (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

PUBLIC NOTICE

No. : 2012-13/CL&EC/TL/01 Date :

As the North Delhi Municipal Corporation (NDMC) has been created on account oftrifurcation of MCD, the NDMC needs to create a new database, of taxable entities for regulation andenforcement of related rules and regulations u/s 417of the DMC Act. Hence, all establishments (thosehaving a valid license for the current financial year as well as unlicensed) covered under General TradeLicense have to undergo a fresh registration during a special door to door enrollment/special registrationcamps in markets and license fees collection drive through M/s. ....................................... who havebeen appointed by SDMC to complete this exercise.

The registration form is available online on www.mcdonline.gov.in and any query in this regardcan be addressed from our helpline number ...................... or through email at ............................

That applicable license fees and processing charges @ Rs. ............/- per application can bepaid through Demand Draft /POS Machines Or Online Using Debit or Credit Cards or Pay Pal Card etc./Mobile Payment/Cash At Authorized Locations/Any Method as approved by Reserve Bank of India. Thatfor all electronic payments as an incentive the transaction charge shall be borne by the SDMC and thereshall he no additional burden for transaction charges levied by banks on the applicants.

[ 96 (N) ]

Hence, you are hereby directed to ensure compliance by coordinating with the said agency.Failure to comply with the same shall result in penalty of Rs 1,000/- per license as well as additionalpenalties of Rs. 100/- per day from the service of default compliance notice besides appearing in person atthe Central Documentation Office failing which the establishment shall be declared a defaulter and legalaction shall be initiated including a warrant of distress of attachment for recovery of the same withadditional costs as incurred for recovery.

Hence, all establishments are required to coordinate/cooperate with the members of fieldenrollment team of the appointed agency during the door to door registration enrollment drive/specialregistration camps in markets.

(Enforcement Officer)CL&EC (HQ)

ANNEXURE-X

NORTH DELHI MUNICIPAL CORPORATIQN (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

TRADE LICENSE—COMPUTEER GENERATED DEFAULTER NOTICE

No. : 2012-13/CL&EC/DN/ Date :

To,

In order to ensure transparency in licensing and related record keeping, the CL&ECDepartment, NDMC has started a special door to door registration enrollment drive/special registrationcamps in markets and on the spot license fees collection u/s 417 of the DMC Act vide Public NoticeNo. .................. Dated ..................... Through its authorized agency M/s. .................... .

This is to inform you that during inspection of your premises on ........................... it wasfound that you were operating the establishment without a license/lapsed license which is in contraventionof Section 417 of the DMC Act, 1957 according to which you are not legally entitled to carry out businessat your establishment.

Hence, you are hereby directed to ensure compliance and appear in person at the CentralDocumentation Office located at ...................................... on any working day between 10 am to 6 pmwithin 3 days of the date of issue of this notice pending which you shall be declared a defaulter andlegal action shall be initiated against you. That a soft copy of the registration form can be downloadedfrom our website at www.mcdonline.gov:in. An electronically generated demand notice has been enclosedfor compliance.

That any queries in this regard can be had from our helpline number ................................. orthrough email at ........................ Failure to comply may result in issuance of a warrant of distress ofattachment for recovery of the above nrentioned amount alongwith additional costs as incurred forrecovery.

(Enforcement Officer)CL&EC (HQ)

NB :—THIS IS A COMPUTER GENERATED DEFAULTER NOTICE AND BEARS NO SIGNATURE

[ 97 (N) ]

NORTH DELHI MUNICIPAL CORPORATIQN (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

INFORMATION FOR ESTABLISHMENT COVERED UNDER TRADE LICENSE(ON THE BACK SIDE OF NOTICE)

INFORMATION SUBMISSION BY ESTABLISHMENTS—It shall be mandatory foreach establishment to cooperate with and allow inspection/furnish all information to the SDMC or agencyappointed on its behalf.

ONE TIME AMNESTY SETTLEMENT SCHEME FOR ARREARS/UNREGISTEREDPREMISES DURING THE SPECIAL DOOR TO DOOR REGISTRATION—As many establish-ments survey may have been in existence for long but would not have taken trade license or may havearrears for non renewal can clear all old dues, subject to payment of a onetime penalty @ double thelicense fees payable in the current financial year. That only those establishments which participate in doorto door registration and make on the spot payrment can avail of the said benefit.

[ 98 (N) ]

[ 99 (N) ]

[ 100 (N) ]

[ 101 (N) ]

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[ 103 (N) ]

LICENSE TERMS(1) The license is non transferable and stand automatically cancelled in case of change of

ownership/change of address/change of nature of busines/change of constitution of theestablishment.













(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the licence.


(ii) Consitution of Sub-Committee in the meeting dated 16-1-2013.Meanwhile a Sub-Committee of the following members is constituted to look into the matter

and submit its report within 15 days :—1. Shri Vijay Prakash Pandey Convener2. Ms. Renu Gupta Member3. Shri Mukesh Goyal Member

[ 104 (N) ]

Item No. 68 :— Waiving off of user charges for “Janani Shishu Surakhsa Karaykram”(JSSK) beneficiaries under JSSK Scheme of Directorate of FamilyWelfare, Govt. of NCT, Delhi.


In pursuance to the directive of Government of India a new initiative “Janani Shishu SurakhsaKaraykram (JSSK)” was launched in Delhi with effect from Sep., 2011. Under this scheme, complete freeand cashless services to pregnant women including normal deliveries and caesarean operations and to sicknewborn (up to 30 days after birth) irrespective of their socio economics status is to be provided inGovernment health institutions. The scheme aims at mitigating the burden of out of pockets expensesincurred by the pregnant women and sick newborn.

Entitlements for Pregnant Women under the JSSK Scheme are :—• Free and Zero expense for delivery and Caesarean Section.• Free Drugs and Consumables.• Free Essential and desirable diagnostics required for Antenatal, Intranatal, and Postnatal

women, up to six weeks, including investigations required during the period and duringnormal delivery/Caesarean Section (Blood, Urine Tests and Ultrasonography etc.)

• Free diet for the duration of women’s stay in the health facility which is expected to bethree days in case of normal delivery and seven days in case of Caesarean Section.

• Free provision of blood without any user charges, however the relatives and attendantsaccompanying the pregnant should be encouraged to donate blood for replacement.

• Free transport from Home to Health Institution between facilities in case of referral anddrop back from the institution to home at the time of delivery.

• Exemption from all kinds of user charges.Entitlements for sick newborns up to the age of 30 days under the JSSK scheme.• Free drugs and Consumables.• Free Diagnostics.• Free Provision of Blood.• Free Transport from Home to Health Institution.• Free Transport between facilities in case of referral.• Drop back from institution to home.• Exemption from all kind of user charges.

Hindu Rao Hospital is already providing the Free and Zero expense for delivery andCaesarean Section, Free Drugs and Consumables, Free Essential and Desirable diagnostics, FreeProvision of Blood & Free Transport from Hospital to Higher Centre (placed at 15/c, Department ofHealth & Family Welfare, GNCT of Delhi) to all JSSK beneficiaries, except OPD registration and dietcharges.

In view of the above details, it is proposed to waive off the following charges as under :—1. OPD Card Charges of Rs. 5/- month.2. Diet charges of Rs. 10/- per day for mothers admitted for delivery till their discharge and

also for new borns till discharge or up to the age of 30 days of admission, whichever islater as per, Govt of India.Reference to letter No. :— F. 20 (20.22)/RCH-II/DFW/2011-12/Pt. File/8799-8813 dated15-10-2012 from Directorate of Family Welfare, Govt of NCT of Delhi.

The proposal may be placed before the North Delhi Municipal Corporation through StandingCommittee to waive off charges as proposed for JSSK beneficiaries in all NDMC Hospitals i.e Hindu RaoHospital, Kasturba Hospital, Girdhari Lal Maternity Hospital, RBIPMT Hospital & MVID Hospital.

[ 105 (N) ]

Item No. 71 :— Assignment of unique Property Identification CODEs (UPICs)/issue ofUPIC Cards and Property Tax Passbooks u/s 125 of the DMC Act withthe AIM to streamline Tax Collection.

Ref. :— Reforms under JNNURM to Strengthen the Financial Base of MunicipalBodies and Augment Resources.

Commissioner’s letter No. F. 33/A&C/NDMC/377/C&C dated 20-12-2012.

Section 125 of the DMC Act stipulates for the Municipal Corporation(s) to mandatorily assignUnique Property Identification Codes (UPICs) by which premises or parts thereof shall be known whichshall be notified for permission, license or for payment of any tax or for payment of any dues for anyservice and for such other purposes as may be prescribed. UPICs are required for maintenance ofMunicipal Assessment Book u/s 124 and are also sine qua non for a Computerized Property Tax System.However as obtaining UPIC and quoting the same correctly for Property Tax returns and payments havenot been made mandatory on the property owners/occupiers/persons liable to pay property tax as well, theMunicipal Corporation has not been able to complete the task.

Assigning UPIC also requires that all properties have premises numbers allotted and displayedso that an address is easily locatable and unique. But in many places in Delhi, premises have no numberand in some places the premises numbers are not unique. Section 327 deals with naming and numbering ofpremises and stipulates that the Commissioner may determine the number or sub-number by which anypremises or part of such premises shall be known and cause such number or sub-number to be fixed to theside or outer door of such premises or to some place at the entrance of the enclosure thereof. While noperson shall destroy, remove, deface or in any way injure or alter any such name or number or sub-numberput up or painted u/s 327 by order of the Commissioner, there is no penal provision for violatingSection 327 and to compel the property owners/occupiers to obtain such number or sub-number of anypremises or part of such premises as well as ensure that it is mandatorily displayed at a prominent locationof that premise.

The North Delhi Municipal Corporation has been recently carved out of MCD. It needs tocreate and maintain a separate demand register for maintenance of Municipal Assessment Book u/s 124and Demand & Collection Register. This shall be successful only when every tax property/vacant land/building is uniquely identified more so from the point of tremendous urbanization and renovation/expansionof old buildings that the city has witnessed. Requirement of quality of database also demands that UPICshould be assigned with proper documentation as to the property including the particulars materiallyrelevant for determination of Annual Value (AV) of that property.

Though the 3D GIS data of DSSDI Project of the Delhi Government projects the number ofdwelling units (DUs) to be approximately 40 lacs, but the erstwhile MCD collected property tax only fromabout 10 lacs assessable properties. Tagging of satellite data has not been completed. The data ofproperties as per DSSDI data base obtained from GSDL shows about 16 lacs dwelling units (DUs) underthe jurisdiction of North Delhi Municipal Corporation (NDMC). Analysis of said data reveals manyduplications and has various deficiencies making it not suitable for ready use for property tax purposes.The Deptt. of IT, GNCTD has also been asking MCD to validate the DSSDI data. More over prudencedemands that DSSDI data should be verified before tagging with data in the Property Tax System andissuing notices to the properties not in the taxnet.

Verification can be done only through a door to door survey keeping the data obtained fromDSSDI as base. During such survey apart from verification, properties data materially relevant forproperty tax (and for other municipal purposes) can be captured real time and online, UPICs allotted onthe spot to all properties and units there in. To achieve the same there is need require the property

[ 106 (N) ]

owners/occupiers/persons liable to pay property tax to furnish all information as required u/s 123A and 175read with section 172, get premises numbers allotted and displayed as u/s 327 wherever required and toobtain /quote UPIC u/s 125 in dealing with the Municipal Corporation.

Under the Income Tax Act, 1961, it is mandatory for a tax payer to obtain Permanent AccountNumber (PAN) for which he applies (with supporting documents of identity and address) along withprocessing fee and Income Tax Department issues PAN card and there is provision of penalty ofRs. 10,000/- for not/wrong quoting of such PAN in IT Returns. This PAN applies to wealth tax and hasbeen adopted by various other tax administrations-sales tax (now VAT), service tax, central excise, andcustoms, revenue department for sale/purchase of properties, loans from banks, opening bank accountsand the scope is increasing day by day.

Following the successes of these tax administering departments, there is an imminent need tomake compulsory for the property owners/occupiers to obtain UPIC Number u/s 125 for properties and toquote UPIC for permission, license or for payment of any tax or for payment of any dues for any serviceand for such other purposes, as may be prescribed. To achieve all the above, it is proposed that the NorthDelhi Municipal Corporation resolves, stipulates and mandates that :—

(1) Obtaining and quoting of UPIC will be compulsory for all-by the Property Owners/Occupiers/Persons liable to pay property tax-presently in the tax net as well as for thosewho are not in the property tax net of the Municipal Corporation. Property Owners/Occupiers/Persons liable to pay property tax shall apply in a prescribed form for assign-ment of UPIC for a building (or unit there in or a part there of) or vacant land to theAssessment and Collection Department and a UPIC allotment letter and/or UPIC Card(and/or a Property Tax Passbook) will be issued.

(2) Every person shall correctly quote the UPIC while filing the Property Tax Returns andpaying property tax whether manually or online. Ever person shall, while making anycommunication in writing to the Corporation on any matter under any provision of the Act,quote the said UPIC, in addition to the address of the property for which suchcommunication is made.

(3) Where any person has failed to obtain UPIC (before the date as notified by theCorporation) or quoted no / wrong UPIC (once a UPIC has been allotted for a property)may be liable to consequences as per the DMC Act and any relevant bye law made thereunder.

(4) The Assessor & Collector is authorized to devise a UPIC scheme and to allot UPIC to allproperties in the jurisdiction of the Municipal Corporation. For this service of assigningUPIC and issue of UPIC Card (or a Property Tax Passbook), the Municipal Corporationmay notify a fee to be charged and collected from all Property Owners/Occupiers/TaxPayers. A fee may also be prescribed for issue of duplicate UPIC Card (and/or aProperty Tax Passbook).

(5) A Committee comprising of the Assessor & Collector, the Chief Town Planner, theEngineer-in-Chief and the Deputy Commissioner of respective zone is authorized todevise a scheme for numbering a premises/building/unit in or part of building u/s 327where a property is not already numbered and to allot a number (including alphabets) to allsuch properties in the jurisdiction of the Municipal Corporation. Such number will be eitherpainted or a metallic number plate will be affixed on such building. For these services theMunicipal Corporation will notify a fee to be charged and collected from such PropertyOwners/Occupiers.

[ 107 (N) ]

(6) The Committee is also authorized to recommend name and number any new colony inDelhi which has not yet been notified by MCD as well as classify such colony in A to HCategory as per the highest neighboring category formula so that all colonies are classifiedand allotted codes by the Commissioner under the bye law 13(5) of the DMC (PropertyTaxes) Bye Laws, 2004. The Assessor & Collector may take help of other departmentsand agencies while notifying such colonies.

(7) The Municipal Corporation may appoint agencies to survey all properties in its jurisdictionand to issue and affix premises numbers u/s 327 (where a premise is not numbered/uniquely & easily identifiable) and to assign UPIC u/s 125 and issue UPIC Card (and/or aProperty Tax Passbook).

(8) Once the survey process commences, then it shall be the compulsory for all persons toquote UPIC for permission, license or for payment of any tax or for payment of anydues for any service and for such other purposes, as may be prescribed and includingBirth/Death Certificate, Trade License/Factory License/Health License, Old Age Pension/Other Financial Benefits, Transfer Mutation of Properties, Civic Services in Colonies,Admissions in Schools run by the Municipal Corporation.

(9) The Commissioner is authorized to take all steps those may be required for accomplishingthe tasks u/s 327 & 125 of the Act in a time bound and effective manner.

Commissioner has the powers to call for all relevant information under sections 123A/172/175of the DMC Act from the owners/occupiers/taxpayers of such properties/vacant plots for purposes ofassignment of UPIC which can be invoked for the survey required and North Delhi Municipal Corporationshall carry out a special door to door survey for allotment of UPIC for all properties and vacant land in itsjurisdiction. Such survey and registration of premises/vacant plots/buildings shall be conducted by anagency, selected through an open tendering process, and the outcome shall be as under :—

(1) That each building/vacant land or part thereof shall be checked with the DSSDI databasealready provided by GSDL to the A&C Deptt. for verification of addresses, owner’s/occupier’s and any other spatial and non-spatial attribute of the property. All attributes ofa property materially relevant for determination of Annual Value and computation ofproperty tax of that property shall be captured. Any documentary evidence required ormade available by the occupier shall be recorded and mentioned.

(2) That each property/vacant land shall be given a UPIC u/s 125 for purposes of payment ofproperty tax and reference number for obtaining various services from the MunicipalCorporation or other agencies.

(a) A UPIC Card and a Property Tax Passbook which shall have records related to alltaxes paid by the property owner/occupier/taxpayer in a single document as well asassessment details done from time to time.

(b) That UPIC Card photocopy shall be mandatory while getting various services fromMunicipal Body/Other Agency.

(3) In case in any colony/buildings does not bear any premises numbering u/s 327, the sameshall be assigned and marked after due approval from the Competent Authority.

(4) Premises number/sub number assigned u/s 327 shall be for the purpose of enablingassigning UPIC u/s 125 only and shall have no bearing on subdivision/amalgamation/registration/ownership of that property under the DMC Act or any law of the land andshall continue to vest with the Competent Authority as per law. That UPIC numbering isbeing invoked only for the purposes of streamlining identification of property tax payersand proper management of records thereof in the benefit of all stakeholders.

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Briefly, the appointed agency(ies) will do door to door survey of properties where it willcapture the photographs of the properties and the owners/occupiers, capture all material parameters of theproperties relevant for determination of their annual values, relationship of owner/occupier vis-a-visincidence of tax, compute the annual values, allot the UPICs and serve the print outs of all such details socaptured on the spot there itself to the owners/occupiers. This is possible with various hand held devices(programmed to that effect), tablets and even with mobiles along with printers attached thereto. If suchdevices are GPS enabled, the date captured on the spot can be transferred in real time to the PTax serverin the Data Centre. Without any need of data entry, formal legal notices showing annual values andcomputing taxes payable by owners/occupiers can be issued from the back-end office on the following dayafter entering such demands in the Demand & Collection Registers. The Municipal Assessment Book asrequired under the DMC Act will also be automatically created. The appointed agency may also be askedto match the UPICs with the Building IDs allotted under the DSSDI Project.

To achieve the above, the North Delhi Municipal Corporation will engage agencies an agencyselected through an open tendering process as per the terms & conditions and scope of work as per thedraft RFP at Annexure ‘X’.

The matter is placed before the Municipal Corporation through the Standing Committee as anitem of Urgent Business.

ANNEXURE ‘X’

DRAFT RFP

TENDER NOTICE

No. : ANC/UPIC/001 Dated : …../…./2012

TENDER TO ENGAGE SERVICES OF AN AGENCY FOR ASSIGNMENT OF UNIQUEPROPERTY IDENTIFICATION CODE (UPIC) U/S 125 OF THE DMC ACT WITH THE AIM

TO STREAMLINE TAX COLLECTION. The schedule shall be as follows :––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Last Date & Time for the Sale of Tender Document Till 1500 HRS

Pre Bid Meeting At 1100 HRS

Last Date of Submission of Tender Documents Till 1100 HRS

Date of Opening of the Technical Bid At 1200 HRS

Date of Opening of Financial Bid The date of opening of financial bid willbe intimated to the technically qualifiedbidders in due course.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Interested parties may submit their tender documents along with requisite earnest money andother documents as mentioned in the prescribed tender Documents, which can be obtained from the officeof the Assessor & Collector, North Delhi Municipal Corporation on the requisition against a payment ofnon-refundable Tender Document fee of Rs. 5,000/-.

Sd/-

……………..

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ON COMPANY LETTERHEAD

Date :

To,

The Commissioner,North Delhi Municipal Corporation,Delhi.

Subject :— Technical Bid—Tender to Engage Services of an Agency for Assignment ofUniqe Property Indentification Code (UPIC) U/s 125 of the DMC Act with theAIM to Streamline Tax Collection.

Sir,

1. We, the undersigned, having carefully examined the tender offer to participate in thesame, in full conformity with the said tender and all the terms and conditions thereof.

2. We agree to keep the tender valid for a period of 180 days from the date from the date ofopening of technical bids, and it shall remain binding upon us and may be accepted by youat any time before the expiration of that period.

3. We agree to bear all costs associated with the preparation and submission of its Proposaland contract negotiation.

4. We are submitting this proposal singly/as a consortium/JV consisting of …………………….and we have attached relevant documentations with the proposal.

5. We understand you are not bound to accept any proposal you receive, not to give reasonfor rejection of any proposal at any time without assigning any reason thereof.

6. We declare that the information provided by us is true and accept that any misleadinginformation may lead to our disqualification.

7. We have enclosed towards EMD a Bankers Cheque/Demand Draft No. ………..dated ………. drawn on ………… for Rs ……………… that has been enclosed withthis letter.

8. That the tender documents were purchased vide receipt number……………..dated …………. (copy enclosed). That no downloaded tenders shall be accepted if theyhave not been physically purchased before the due date.

Signature

Designation

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TECHNICAL BID

PART- I

TO BE SUBMITTED IN ORIGINAL BID DOCUMENT REQUIRED FOR TECHNICAL BID AS PERTHE TENDER & SHOULD BE KEPT IN SEPARATE SEALED COVER SUPERSCRIBING‘PART-I–TECHNICAL BID–“TENDER TO ENGAGE SERVICES OF AN AGENCY FORASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE (UPIC) U/S 125 OF THEDMC ACT WITH THE AIM TO STREAMLINE TAX COLLECTION”.

[ 111 (N) ]

INSTRUCTIONS FOR SUBMITTING TENDER

A. BIDDING CRITERIA AND ESSENTIAL PRE-REQUISITES :

1. ELIGIBILITY CRITERIA : For the purpose of this Tender, bidders can be a proprietorshipfirm, partnership firm, limited partnership firm, private limited company or public limited company or anybusiness entity registered in India and in order to support this, the bidders has to be registered under thesame name with any tax authority or import export code or bank account in name of the bidders or anyother legal registration document. Single entity as well as consortiums is eligible for bidding. Consortiumsare also allowed to bid and any one of the consortium members can be the lead partner. A GovernmentPSU can also participate in the bid subject to that condition that it is fully legally and financiallyautonomous and operate under commercial law.

2. CONSORTIUM : A consortium may comprise of individuals, proprietorship firm, partnershipfirm, private limited company, public limited company or a registered business entity and there can be amaximum of three members in a consortium. The consortium can form a JV in to execute the project. Theconsortium members can form a SPV or a new business entity to implement the project in the pretender or post tender stage. A consortium undertaking/agreement duly signed by the participatingindividuals/firms/companies has to be attached with the tender documents. The JV/SPV can nominaterepresentative(s) to carry out discussions/negotiations with NDMC for this purpose. Only one offer shallbe accepted from one organization. No organization or individual can be a part of more than oneconsortium.

3. MANDATORY CRITERIA : Offers of only those bidders (the consortium members maymeet the mandatory criteria jointly) shall be shortlisted who have work experience as under :—

3.1. Have implemented a door to door survey, assessment and tax/license fees collection forany Municipal Body in India duly supported by letter from that Municipal Body. It must benoted that reference of any project other than that for Municipal Tax Collection shallrender the bid to be summarily rejected.

3.2. Any specific work experience in areas of field survey and data/tax collection for erstwhileMCD shall be given additional weigthage in the technical bid evaluation process since thebidder would be having better domain knowledge of existing processes in Delhi and henceoperationally more equipped to deliver the current scope of work.

3.3. Showcase in a Process flow document on how the project shall be implementedeffectively and the modalities of the same.

3.4. Should be able to demonstrate live the proposed solution with functionalities as outlined inresponse to the requirements in the Technical Bid Documents on the date of evaluation ofthe technical bids. Separate time shall be given to bidders for the same but they have tocome fully prepared at the appointed day and time.

3.5. Non fulfillment of the above said criteria shall result in rejection of technical bids. Anyrejected technical bid shall not be eligible for participation in evaluation of financial bids.

3.6. Submission of any documents about projects not related to work experience with theMunicipal Bodies as outlined above shall result in summary rejection of the bids.

3.7. As the project is highly specialized in nature, even if one bidder qualifies in the technicalbid evaluation process, its financial bid shall be opened and work shall be awarded.

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4. TENDER FEE : The tender should be accompanied with Tender Fee of Rs. 10,00,000/-(Rupees ten lacs only) as a Demand Draft/Pay Order payable at Delhi in favour of Commissioner, NorthDelhi Municipal Corporation. Any tender document without the tender fee shall be summarily rejected.

4.1. The earnest money of unsuccessful bidder shall be refunded on request by the bidderwithin 7 days of issue of letter of Intent to the successful bidder. The unsuccessful biddershave to send a written request to that effect.

4.2. The Earnest Money will be forfeited on account of one or more of the following reasons.

4.2.1. Bidder withdraws the proposal during the validity period specified in tender (no bidder isallowed to withdraw the proposal once submitted).

4.2.2. Bidder does not respond to requests for clarification of its proposal.

4.2.3. Bidder fails to provide required information during the evaluation process.

4.2.4. Bidder resorts to unethical practices or any practice that may mar the chances of rivalbidders in the form of sudden complaints/RTI’s/Newspaper reporting about competingbidders post the phase when the tender has been published.

B. BID SUBMISSION INSTRUCTIONS :

5. VALID TENDER DOCUMENT : Only those tender documents which have beenphysically purchased from the Municipal Corporation after making the necessary payments shall beconsidered in the evaluation process.

6. ENVELOPES : Tender shall be deposited in a sealed cover superscribed by “TENDER TOENGAGE SERVICES OF AN AGENCY FOR ASSIGNMENT OF UNIQUE PROPERTYIDENTIFICATION CODE (UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TOSTREAMLINE TAX COLLECTION”, containing two sealed envelopes, one for ‘Technical Bid’and another for ‘Financial Bid’, duly superscribed—Tender Name, Technical/Financial Bid & Openingdate and Name/Address of the bidder to ensure that the documents are returned at correct addresses forunsuccessful bids :

6.1. Part-I—Technical Bid Envelop : It must consist of the following components dulyindexed :

• Section A—Cover letter with Demand Draft/Pay Order of EMD amount and a letterof authorization for the person signing the proposal.

• Section B—Work experience as mandatory criteria.

• Section C—Registration And Related Documents of all JV members/consortiummembers.

• Section D—Technical Response To The Scope of Work.

• Section E—Standard Operating Procedures To Execute The Work In The Field.

• Section F—Any Other Information That The Bidder May Deem Fit.

6.2. Part-II—Financial Bid Envelop : It must cover a letter duly typed on the letter head ofthe bidder and give rate quote (taxes extra as applicable) as desired in the financial biddocument. All applicable taxes must be mentioned by the bidder since it shall be theresponsibility of the bidder to comply with all statutory taxation requirements.

6.3. The Technical & Financial Bid must put separately in different envelopes and sealedseparately. Any financial information in technical bid shall result in rejection of bids.

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7. CONFLICT OF INTEREST AND RELATED DISCLOSURES :

7.1. The selected agency should provide professional, objective and impartial service and holdthe Municipal Corporation’s interest paramount.

7.2. The family members of any employee of NDMC or any other Municipal Corporation inDelhi should not be associated with the bidders.

7.3. The selected agency should not have been convicted under anti corruption policy ofGovernment of India/Government of NCT of Delhi/NDMC.

8. SUBMISSION PROCEDURE : The duly filled tender should either be submitted by handor sent by registered post which shall be valid only if received before the due date and time as mentionedin the bid documents :

8.1. Tender form should be clearly filled in ink/duly typed giving full name and address of theparty and in English Language only. All correspondences and other documents pertainingto the contract, which are exchanged between the parties, shall be written in the English.

8.2. Any interlineations, erasures, over-writing, alterations, additions, etc. will disqualify theTender unless such interlineations, erasures, over-writing, alterations, additions, etc. arelegibly attested and signed by the party.

8.3. That the document (all pages) must to be signed by an authorized signatory of the bidderand a letter of authorization should be attached with the proposal.

8.4. The Bidder is expected to carefully examine all the instructions, guidelines, terms andconditions and formats of the tender. Failure to furnish all the necessary information asrequired or submission of a proposal not substantially responsive to all the requirements ofthe tender shall be at Bidder’s own risk and may be liable for rejection.

8.5. No bidder is allowed to modify, substitute, or withdraw the Proposal after its submission.

8.6. Bidders shall submit their Proposals at the office address on or before the last date andtime for receipt of proposals mentioned in the tender documents.

9. REJECTION OF BIDS : That the Municipal Corporation reserves the right to reject any/all bids without assigning any reason thereof and without incurring any liability to the affected bidder(s)or any obligation to inform the affected bidder(s) of the grounds for such decision. The MunicipalCorporation may at its sole discretion and at any time during the evaluation of Proposal, disqualify anyBidder, if the Bidder has :

9.1. Made misleading or false representations in the tender reply or documents in support ofmandatory criteria.

9.2. Submitted a proposal that is not accompanied by required documentation or is non-responsive. In the absence of any document as required, the concerned party shall beconsidered as not eligible and in that eventuality their tender shall not be considered.

9.3. Failed to provide clarifications related thereto, when sought.

9.4. Any delay in receipt of tender documents through post/courier shall render the tenderinvalid. Telegraphic/fax/e-mail tender etc. shall be summarily rejected.

[ 114 (N) ]

9.5. Information relating to the examination, clarification and comparison of the Proposals shallnot be disclosed to any bidder or any other persons not officially concerned with suchprocess until the selection process is over. Any effort by the bidders to influence NDMCfor examination/evaluation of proposal during the post technical bid opening date mayresult in rejection of bids.

9.6. The Technical Bid proposal shall not include any financial information. A Technical Bidproposal containing financial information shall be summarily rejected.

9.7. Any superfluous documents/document not related to the mandatory criteria shall result insummary rejection of bids. All participating bidders are clearly instructed to attach onlythose documents which are relevant to the scope of work/mandatory criteria as specifiedin the tender document and not any other work.

9.8. Any bidder found indulging in malicious campaign or disinformation campaign against anyofficial of the Municipal Corporation or any other bidders either directly or through thirdparties, at any time during the post tender publishing date, shall be liable for rejection ofbids and other legal actions as per law. Such bidders may also be blacklisted by theMunicipal Corporation.

9.9. Any frivolous news reporting/complaints against any official of the Municipal Corporationor any other bidders during tender evaluation process as well as project execution phaseshall result in rejection of bids, if such news is prima facie found to be sponsored by oneof the competing bidders or outside associate thereof with the intention of damagingprospects of competitors. That such bidder with vested motives shall also be blacklisted bythe Municipal Corporation.

9.10. During the tender process, sudden appearance of complaints/media reports against anyMunicipal Official/Participating Bidders shall result in rejection of bid of any entity or anyperson or outside associate of a bidder is prima facie found to be involved in suchactivities to hamper prospects of other competing bidders.

C. SCOPE OF WORK AND EVALUATION PROCESS :

10. OVERVIEW OF THE WORK : Property tax is a major source of revenue to Urban LocalBodies (ULBs). With institutional and regulatory reforms emanating from the 74th ConstitutionalAmendment Act (CAA 1992); additional administrative and fiscal functions have devolved to localauthorities. In response to growing revenue needs for financing infrastructure, municipal services, andother amenities, the North Delhi Municipal Corporation has initiated reforms to improve the performanceof their local fiscal handles and in particular, the Property Tax. With the aim to provide more “Efficient,Convenient & Transparent” services to Property tax payers using Information & CommunicationTechnologies (ICT) platform, the Municipal Corporation intends to invite a solution from an outsideagency which can help create a comprehensive database of all properties within its Municipal Jurisdictionafter physical survey of each property to ensure proper collection of taxes and target tax defaultersamalgamated in a centralized demand register and maximize the number of properties which can bebrought under the Property Tax net. The authentic baseline data shall be relied upon by MunicipalCorporation for taxation purposes in days to come. This is necessitated on account of trifurcation of

[ 115 (N) ]

erstwhile MCD into three entities and hence North Delhi Municipal Corporation needs to have its owndemand register organized scientifically. The scope of work is outlined as under : —

10.1. Field Survey Work of each Property/Vacant Land—This shall include physicalsurvey of each property/vacant land and recording relevant and material parameters forassessment of property tax payable by a particular unit (a photocopy of property tax guideis attached with tender documents for reference of bidders). That the assessment shall bedone by the officials of the Municipal Corporation on the basis of these inputs and therole of the agency is only to collect the data for the same. The scope in this section is asunder :

10.1.1. The survey shall include all properties (residential/commercial industrial/institutional/vacant plots or buildings etc.).

10.1.2. This process may involve several rounds of interaction/follow-ups with theproperty owner/occupiers etc to ensure proper coordination in colonies on thedate of survey. The data collection may involve working at odd hours/holidayssince working couples may not be available at normal office work timings. Thecosts for survey have to be computed keeping these factors in mind whilepreparing the response in the financial bid documents.

10.1.3. The Municipal Corporation shall ensure that the staff of Property Tax Departmentand if necessary support of Police is there for coordination to ensure thatenforcement is done within that time frame.

10.1.4. A colony wise survey schedule shall be worked out with the MunicipalCorporation which shall be published in advance in newspapers/other modes ofpublicity to ensure proper response from property owners/occupiers on the givendate and time.

10.1.5. That for each property having multiple floor/units, floor/unit wise assessment hasto be made with remarks for tenants/commercial usage etc. if any.

10.1.6. The costs for stationary/photography/transport etc in this survey has to be borneby the selected bidder. However, it shall be responsibility of the property owner/occupier that they shall provide photocopy of all the supporting documents to thesurvey team at their own cost. While surveying each property, the followingdocuments may be used for address proof—any government owned utility bill,MTNL Telephone Bill, LIC Policy Document, Any Government Document to beprovided by the owner/occupant. The documentation has to be most simplified toavoid any inconvenience to persons.

10.1.7. The source of information may be owners/occupiers or in case of non occupiedproperties/plots, neighbors or colony guards etc. or any other source as deemed fitby the selected agency subject to approval by the Nodal Officer.

10.1.8. The survey work shall include filling a property tax survey form (a sample PTR[Property Tax Return] form used by the municipal corporation is enclosed forreference and bidders are free to improvise on the same). The MunicipalCorporation leaves it to the bidder to improvise the same and the selected biddershall discuss the said topic with the Municipal Corporation and finalise the same.

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10.1.9. It shall be the liability of the property owner/occupier/taxpayer to furnish thecorrect information during the survey process for allotment of UPIC. That thecontents of the survey are based on the self assessment/self declaration andinformation provided by the owner/occupier/taxpayer/legal representative of theowner and the bidder shall not be liable for any wrong information since the basisof survey shall be self assessment/self declaration.

10.1.9.1. In case the an owner/occupant is present then the information filled in the surveyform shall be on the basis of self declaration provided by the owner/occupant atthe time of the survey and the survey form shall be signed by them along withcontact landline/mobile number, if any.

10.1.9.2. In case the owner/occupier/taxpayer is not present at the time of survey, surveysuch properties from outside and take note of data given by sources as approvedby the Municipal Corporation and mention the reference of the informationprovider for such unattended properties in the survey form. In such case adefaulter list shall be prepared which shall be published online by the MunicipalCorporation and such persons shall have to come in person to the central dataprocessing station to comply with all requirements related to the UPIC Schemewithin 7 days or else the assessment done by Municipal Corporation shall be finaland binding. That the Municipal Corporation/agency appointed on its behalf shallin no way be responsible for any errors in data as the basis is self declaration/selfassessment.

10.1.10. In addition during survey of each property, details of properties which havecommercial/professional activities have to be recorded in the survey form alongwith the area under such occupation.

10.1.11. Any form without property photo shall be summarily rejected.

10.1.12. The measurement should be approximate (cent percent accuracy is not desired)and done from the outer area of the property and factors such as balcony/staircase etc. shall not be the liability of the selected agency. Fine tuning of thearea may be carried out by the Municipal Body at a later stage as the primaryoutput of survey shall be to increase tax payer base with special focus onunregistered properties/non residential/non self occupied properties/commercialand industrial establishments.

10.1.13. The survey data generated shall be transferred to the Municipal Corporation oncontinuous basis to the Nodal Officer/authorized officer thereof.

10.1.14. Each data collected has to be scanned and database created in excelsheet orother format as mandated by North Delhi Municipal Corporation in the agreementdocument.

10.1.15. Each data set may have to be matched with 3D GIS data wherever possible andalso with utility connection on the property in question. A joint exercise shall becarried out with NDMC/Selected Bidder(s) for this purpose.

10.1.16. The bidder has to train 2 Master Trainers for a period of 30 days who shall beemployees of the Municipal Corporation to ensure proper management of therecords generated during the survey process.

[ 117 (N) ]

10.2. PROPERTY TAX PASSBOOK & UPIC CARD :

10.2.1. A property passbook (for purposes of keeping records of property tax paid againsta particular property along with its UPIC number) needs to be issued to eachproperty owner. It is upto the selected bidder to suggest the data fields and otherfunctionalities which can be incorporated in the passbook in the interest of theMunicipal Corporation. The passbook should help in maintaining at least 10 yearsof taxation records. The passbook must be properly laminated and have a plasticcover to ensure its long life.

10.2.2. Property Passbook is only for municipal taxation purposes and is in no way aproof of ownership of the property and in no way legalizes any unauthorizedconstruction etc in the property/plot under consideration.

10.2.3. UPIC Card also has to be allotted to the applicants.

10.2.4. The work related to issue of passbook and customization of UPIC Card shall bedone centrally at the Central Data Processing Station which shall be provided bythe Municipal Corporation to the selected bidder and the same shall be issued anddelivered by courier/speed post to the applicant.

10.3. ALL RESPONSIBILITY FOR NUMBERING AS MAY BE REQUIRED U/S 327OF THE DMC ACT IF ANY SUCH PREMISES IS NOT PROPERLYNUMBERED.

10.4. OTHERS :

10.4.1. In the technical bid documents, the participating bidder should also suggest apublicity plan to ensure maximum coverage of properties during the surveyprocess. The costs for publicity shall also be borne by the Municipal Corporation.

10.4.2. Optional services which the bidder may want to provide in the survey may besuggested but it is subject to approval by the Municipal Corporation.

10.4.3. It must be noted that while all the information and data regarding this project, tothe best of the NDMCs knowledge, accurate within the considerations of scopingthe proposed contract, has been provided in this document and NDMC holds noresponsibility for the accuracy of this information and it is the responsibility of thebidders to check the validity of data included in this document. Each bidder mustconduct survey of the existing processes and make independent evaluation of thescope of work. No bidder can hold the Municipal Corporation responsible for nonunderstanding of the scope of work. Bidders are free to visit any property taxoffice independently to understand how people come and pay property taxmanually at various counters of the Municipal Corporation. The process is fully inpublic domain and no separate information shall be given to any bidder by theMunicipal Corporation on this account.

10.4.4. Each bidder is free to suggest actions on part of the Municipal Corporation toensure that UPIC usage can be increased across various functionalities so thatmaximum properties are brought within the scientific classification system duringthe survey process.

10.4.5. The work order may be split between more than one parties to ensure fasterexecution of work.

[ 118 (N) ]

11. PRE BID MEETING : The Municipal Corporation may convene a pre-bid meeting toaddress any Tender related queries but only those bidders who have physically purchased the tenderdocument before the Pre Bid Meeting Date are eligible to participate in the bid :

11.1. In addition, it be made clear that the Municipal Corporation shall entertain only thosequestions which have been submitted in writing on the letter head of participating biddersduly received in the Municipal Corporation at least 5 working days in advance to the prebid meeting.

11.2. No questions other than that submitted in writing shall be entertained at the time of pre bidmeeting.

11.3. Each bidder must mention the receipt number of tender documents and thecorrespondence for email while submitting queries on their letter head for the pre-bidmeeting. Amendments necessitated as a result of the pre-bid meeting or otherwise shallbe made available on participating bidders through email only. It shall be the responsibilityof the bidders to fine tune their proposals incorporating the amendments so communicatedthrough the email.

11.4. The Municipal Corporation shall not be responsible for any oversight or negligence on partof the bidders on the amendments to the terms and conditions of the tender document andnotified through the email.

11.5. That the Municipal Corporation shall not be responsible for communicating anyamendments as a result of the pre bid meeting through phone or post.

11.6. No extension of deadline for submission of bids shall be granted as a result of queriesduring the pre bid meeting.

12. TECHNICAL BID EVALUATION : Technical bid shall comprise of all papers related toformat for tender assessment duly filled along with supporting documents and required earnest money.Based on evaluation of the Tender Documents, only those bidders, who are technically qualified havingrelevant work experience, would be considered for selection to implement the project. The MunicipalCorporation may, at its discretion, call for additional information from the bidder(s). Such information hasto be supplied within the prescribed time frame, otherwise the Municipal Corporation shall make its ownreasonable assumptions at the total risk and cost of the bidders and the proposal may be rejected. Seekingclarifications cannot be treated as acceptance of the proposal. The Municipal Corporation reserves theright to verify any information submitted in the tendering process. As the project is highly specialized innature, even if only one bidder is qualified in the Technical Bid evaluation process, the same shall beconsidered and approved. Financial Bids of only technically qualified bidders shall be opened andnegotiations may take place with the selected bidder.

13. WEIGHTAGE FOR TENDER EVALUATION : A bidder shall be selected from amongstthe responsive Tenders on the basis of assessment of firstly the most technically sound and then theeconomically advantageous Tender applying the Combined Quality Cum Cost Based System (CQCCBS).This method of selection is being applied as the project is highly technical in nature and stress shall begiven on the higher technical standards with the weightage of Technical Bid (70%) and Financial Bid(30%).

13.1. Technical Bid Evaluation—70% weightage, Technically unqualified bids shall not beconsidered or opening of the financial bid and financial evaluation process. Thepercentage of marks distributed for technical bid shall be as under :

13.1.1. 25 Marks for meeting the mandatory criteria.

[ 119 (N) ]

13.1.2. 25 Marks on the documentation and process flow diagrams of the submittedproposal.

13.1.3. 40 marks for the standard operating procedures to rollout the project and livedemonstration by any participating bidder, should they wish to do the same andhow they intend to cover the scope of work in jurisdiction of NDMC. This shallinclude logistics/manpower/publicity/tools for data collection etc.

13.1.4. 10 marks for question/answers from selected bidders. Those bidders whose ten-der is found responsive to the needs as outlined in the tender shall be given aseparate time for such deliberations.

13.1.5. As this exercise shall have influence for decades on the financial decisions ofMunicipal Corporation, hence utmost importance shall be given to the technicalbid documents.

13.1.6. The minimum qualifying marks for consideration of financial proposal is 70.

13.2. Financial Bid Evaluation—30% weightage.

13.3. The scores of technical and financial bid shall be added and the bidder consortium gettingthe maximum score may be awarded the work.

D. BID—TIME LINES :

14. TENDER OPENING : Tender shall be opened in the presence of intending bidders/theirrepresentatives, who may like to be present at that time. In case Tender opening date is declaredHOLIDAY, Tender shall be received and opened on next working day at the same time specified in theNIT (Notice Inviting Tender). On the given date first the technical bid envelop shall be opened and allproposals with valid EMD shall be accepted for scrutiny. The financial bids shall be opened of onlytechnically qualified bidders.

15. VALIDITY OF OFFERS : Proposals shall remain valid for a period of 180 days from thedate of opening of the technical bid. The Municipal Corporation reserves right to reject a proposal valid fora shorter period as non-responsive. In exceptional circumstances, the Municipal Corporation may solicitthe bidder’s consent to an extension of the period of validity. The request and the response thereto shall bemade in writing. Extension of validity period by the bidder should be unconditional. A bidder may refuse therequest without forfeiting the Earnest Money Deposit (EMD). A bidder granting the request will not bepermitted to modify its Proposal.

16. GESTATION PERIOD : The selected bidder shall also get a maximum gestation period of90 days from the date of issue of work order post signing of the agreement to set up the necessaryinfrastructure to commence the implementation of the project. No extension of gestation period shall beallowed except for force majeure clause or non fulfillment of Conditions Precedent. The gestation periodshall be used to draw the implementation schedule, publicity campaigns, soft launch and fine tuning theimplementation process.

17. CONDITIONS PRECEDENT : That the date of the commencement of the project shallbecome and effective and binding on the selected agency from the data of issue of work order, providedhowever the following conditions are fulfilled by the Municipal Corporation to go ahead with the project :

17.1. All administrative approvals are granted/due publicity given/office space allocated/coordination committee is notified and Nodal Officer is appointed along with the publicnotice for effective implementation of the project as per the tender documents.

[ 120 (N) ]

17.2. Non Compliance of Conditions Precedent : it is agreed that, it the abovepreconditions are not met sixty days from the date of such agreement, then the MunicipalCorporation shall, at the option of the selected agency, complete all such requiredapprovals by extending the time limit by another suitable duration as both parties maydecide collectively.

18. TIME PERIOD : That the successful bidder shall have to complete the survey work within30 months from the date of award of work order excluding the gestation period as mentioned in the TenderDocuments. The timing of completion is essence of this project. That the Commissioner may under specialcircumstances extend the prescribed time period of the project/scheme.

E. REVENUE MODEL :

19. REVENUE MODEL : The Municipal Corporation after approval of this tender shall specifyservice charges/other transaction charges for the scope of work which shall be paid for by the propertyowner/occupier/taxpayer or representative thereof. The service charge per property shall be recovered bythe selected bidder property owner/occupier/taxpayer or representative thereof either Direct Payment incash/DD or electronic payment in a given bank account at approved bank branches or other approvedlocations or Online payment through Credit/Debit Cards or at other approved locations or DD payment atspecial registration camps. The Municipal Corporation has the right to expand the payment options forease of property owners. That either the Municipal Corporation or the selected agency shall not beresponsible for payment made to unauthorized persons or cash payments made at places other thannotified locations or any person.

19.1. That it shall be the responsibility of the selected agency to maintain all records ofpayments for audit of the same.

19.2. That scope of work shall be carried out only for those properties where payments havebeen done.

19.3. That in case of non payment of approved service charge prior to or at the time of survey,the bidder shall be empowered to collect penalty over and above the notified servicecharges.

19.4. That the bidder is in no way responsible for the authenticity of the data as this shall bepurely on the basis of self declaration by the owner/occupier of the property. That nopayments shall be withheld for the same.

19.5. That the Municipal Corporation reserves the right to moderate the prices and assigndifferential rates for different categories of properties during negotiation with thesuccessful bidder(s).

20. NEGOTIATIONS : Normally the work order shall be finalized on the basis of offer strictlyas per NIT instructions and terms and conditions. Post technical bid evaluation, Tender price negotiationsmay be held for financial offer, if necessary, only with the technically most Eligible Bidder who has therequisite work experience to execute the project successfully. The lowest financial bid from technicallyless qualified bids may not be considered for award of contract.

[ 121 (N) ]

21. PERFORMANCE GUARANTEE/SECURITY DEPOSIT : That the MunicipalCorporation shall open a new bank account which shall be used exclusively for Security Deposit Manage-ment. That 5% of all payments (minus Service Tax/minus TDS and other statutory taxes as applicable) tothe selected bidder shall be deposited in the Security Deposit Account for each transaction.

21.1. That on a daily basis 5% of all payments (minus Service Tax/minus TDS and otherstatutory taxes as applicable) collected by the bidder shall be placed with a specificSecurity Deposit a/c of the Municipal Corporation towards Performance Security. Thatthis shall be transferred on first working day of the week for the entire work done in thepreceding week.

21.2. That the entire performance security shall be refunded within 30 days of completion of theproject period or termination of the contract (subject to deduction of payments which maybe applicable on account of non performance in such an event).

22. PENALTY : The successful bidder shall ensure error free processing of all data. In case ofany negligence or error in processing a given data, the successful bidder has to rectify the same within 90days of the error being brought to the notice of by the Competent Authority. If the bidder fails to rectifythe error within 90 days of the error being brought to the notice of the implementing agency, thenMunicipal Corporation shall impose on the successful bidder a maximum penalty @ 25% of chargespayable by the Municipal Corporation for that UPIC record. That at any point of time any consequentialdamages/liabilities shall not be applicable to the implementing agency.

F. BID—ROLES AND RESPONSIBILITIES :

23. NODAL OFFICER : The Commissioner, North Delhi Municipal Corporation shall appoint aNodal Officer within one week of issue of work order for coordinating with all stakeholders to provide allassistance in implementation of the said project.

24. SUPPORTING INFRASTRUCTURE TO BE PROVIDED TO THE SELECTEDBIDDER BY THE MUNICIPAL CORPORATION : The Municipal Corporation shall provide allsupport and enforcement to help execution of the project for the period of contract and all approvals etc.as may be required for execution of the said project. This shall include but not limited to the following :

24.1. Nodal Officer for all assistance and approvals/removal of hindrances required to rolloutthe project successfully. This shall include but not limited to coordination with differentstakeholders, issue of NOC (No Objection Certificates), Public Notice, Intimation toProperly Taxpayers/Municipal Employees/Police/District Administration/RWA’s etc.,Security of Men And Materials For The Successful Implementation of The Project etc.

24.2. Publicity—regular publicity is undertaken during the entire duration of the project at thecost of the Municipal Corporation.

24.3. Coordination with Police/Stakeholders/RWA’s—that it shall be the responsibility ofthe Municipal Corporation to maintain coordination with the local police station/stakeholders,if so required.

24.4. Public Notice Municipal Corporation shall publish public notice at regular intervals aboutproject schedule/registration charges etc. at its own cost.

24.5. Sharing of Existing Database : That the Nodal Officer shall ensure that in case aproperty is already registered with the Municipal Corporation, its data is made available inadvance so that minimal time is taken while allotting UPIC to such properties.

[ 122 (N) ]

24.6. Central Data Processing Center in the Municipal Corporation Premises—Separate Office space with civic infrastructure (furniture for data warehousing and allcomputer hardware and scanners/printers/electric supply with online UPS for power backup/generator back up/internet or leased line connection etc) for management of the datathat is generated during the survey process.

24.7. Field Data Verification—It shall be the responsibility of the Municipal Corporation staff(accompanying the survey team) to verify an excel sheet of all properties surveyed onthat particular day. A format for reporting shall be given to the successful bidder after thework order is issued.

24.8. Time Bound Verification of Submitted Data at Central Data Processing Station, ifany—That is shall be the responsibility of the Municipal Corporation, if so required, toverify the data within 7 days of submission of the data for any discrepancies, if any. If nodeficiency is pointed out within 7 days of submission of that data, it shall be automaticallydeemed that no such deficiency exists. That in this regard the selected bidder is not liableto entertain any request if the same is not brought to its notice within this period.

24.9. Enforcement—Municipal Corporation shall provide for enforcement against defaulters/imposters or those who hinder the work. If any representative of bidder is hindered in anymanner from carrying out survey or there is any obstruction to survey work, the MunicipalCorporation shall get a FIR registered in the concerned police station under relevantsections of IPC. That the Municipal Corporation shall be responsible for safety andsecurity of the representatives of the selected bidder involved in survey work.

24.10. Bank Accounts—Municipal Corporation shall open new bank account(s) for projectpurposes in due consultation with the selected bidder. This shall be opened in any bankoperating under RBI License as per the advice given by the selected bidder. As audit hasto be integrated with the bank statement, a technology savvy bank shall be chosen inconsultation with the selected bidder.

24.11. Payment By Property Owner/Occupier/Taxpayer or their Representative—Thatthe Municipal Corporation guarantees that that it shall ensure realization of the applicableservice charges as notified by the Competent Authority during the course of the project.

24.12. Safety & Security of Submitted Data At Central Data Processing Station—That alldata submitted by the selected bidder shall be the responsibility of the MunicipalCorporation and the Municipal Corporation shall maintain necessary arrangements for thesame. That the selected agency shall in no way be liable for safe keeping of data aftersubmission of the data at the Central Data Processing Station.

24.13. Coordination Committee Meet—Municipal Corporation shall hold one CoordinationCommittee meeting in the first week of every month

24.14. Integration with existing e-governance system shall be the responsibility of theMunicipal Corporation. That the Municipal Corporation has already got runningapplication software which shall be used with improvisations for managing the datagenerated during the survey process.

[ 123 (N) ]

25. SERVICES OF THE SUCCESSFUL BIDDER : The successful bidder has to provide asunder :—

25.1. The bidder shall deploy and provide such qualified and experienced personnel as maybe required to perform the services under the project, including all related expenses likestationary, transport, telecom, boarding, lodging, audit etc.

25.2. Shall abide by all conditions as specified in the tender documents.

25.3. The selected bidder shall perform the survey and carry out its obligations under theContract with due diligence and efficiency in accordance with generally acceptedprofessional standards and practices.

25.4. A Dedicated Project Manager shall be permanently designated for interaction with theNodal Officer. He/she is to also be assisted by a Deputy Project Manager who cancoordinate in absence of the project manager.

25.5. Assist the Municipal Corporation in undertaking publicity campaigns for properinformation to stakeholders and suggest ways and means to ensure maximum coverage ofUPIC (Unique Property Identification Code).

25.6. The bidder has to assist the Municipal Corporation with one dedicated person to handleRTI queries related to the project at their own cost.

25.7. Hold monthly meetings with the Nodal Officer of the Municipal Corporation and updateon progress of the work.

25.8. Undertake all statutory tax compliances, all taxation and other Governmental StatutoryCompliances shall be the liability of the bidder. For every transaction Service Tax AsApplicable and TDS as applicable has to be deducted and deposited with the CompetentAuthority. That for tax compliance purposes, all accounts related to the project have to bemaintained properly and tax compliance information furnished to the Nodal Officer, as andwhen required.

25.9. It shall be the responsibility of the selected bidder to transfer the hard copy/scanned copyof the data on continuous basis to the Nodal Officer of the Municipal Corporation or anofficer designated by him. That an excel sheet bearing UPIC number of survey data shallbe printed and receiving taken on the same.

25.10. Shall be responsible for generation of UPIC Number/issue of Property passbook/UPICID Plate to the owner/occupant.

25.11. The field survey team shall move only in specifically designed vehicles and each employeeshall have proper ID Cards and Dress Code during conduct of the survey process. Eachvehicle shall be accompanied by a supervisor who shall have a mobile phone forcommunication purposes.

25.12. The selected bidder is free to coordinate with any stakeholder to expedite the surveyprocess.

25.13. Manage a 3 seater call center to handle customer related queries and have a dedicatednumber for the same. This number shall be given due publicity by the MunicipalCorporation. This shall be operational from 9 am to 6 pm for the duration of the project onall working days.

[ 124 (N) ]

25.14. That the publicity campaign shall be devised and suggested to the Municipal Corporationfor execution. Public Relations exercise has to be undertaken at regular intervals toensure proper support of property owners/occupiers etc.

25.15. A representative of the selected bidder shall attend coordination committee meeting.

26. COORDINATION COMMITTEE : That a coordination committee (headed by the NodalOfficer of this project) consisting of representatives of the Municipal Corporation/other GovernmentAgencies and the selected bidder shall be constituted to address any issue that any issue that may ariseduring implementation of the project and resolve all issued through mutual discussions and good faith. Thatthe said Coordination Committee shall have the powers to improvise the UPIC Scheme project functionalitiesin due course of time and such suggestions can be added as improvements in the Agreement and suchdecisions subject to approval of the Commissioner shall deemed to have been approved by theCorporation. Such recommendations with due approval of the Commissioner shall be binding on theselected agency. The views of the selected agency on such suggestions shall always be invited during thedeliberations.

G. WORK ORDER/AGREEMENTS/OTHERS :

27. WORK ORDER : The Letter of Intent shall be issued within 3 days of finalization of tenderand a work order shall be issued within 2 days of receipt of letter of acceptance from the selected agencyin response to the Letter of Intent.

28. AGREEMENT : An agreement would be executed simultaneously along with the issue ofwork order to ensure successful working of the system between the Municipal Corporation and the bidder/consortium selected to implement the system that would also define the terms and conditions forcompletion of the project in a time-bound manner. In the event that any provision of the agreement isrendered invalid or unenforceable by any law or regulation or declared null and void by any Court ofCompetent Jurisdiction, that shall be reformed, if possible to conform to law and if reformation is notpossible, that part of the Agreement shall be amended/deleted, the remainder of the provisions of theagreement shall remain in full force and effect. That this contract and the agreement shall endureirrespective of change of constitution of the implementing agency or any amendment to the act/rules/regulations/bye laws hereafter made and shall have an arbitration clause in the agreement. That the tenderdocument and outcomes of all negotiations with the selected bidder shall form a part of the agreement.Amendments/additions may also be necessitated on account of Coordination Committee deliberations.

29. SUCCESSOR BODY : That if there is a change in the constitution of the implementingagency, its successor body shall be bound by the agreement during its tenure.

30. DATA TRANSFER TO MUNICIPAL CORPORATION : That all bidders accept andagree to hand over the entire data/records generated during the survey process to the MunicipalCorporation on a weekly basis.

31. EXCLUSIVITY : The successful bidder shall have exclusive right for the implementation ofthe said project for the time period as defined above and no agreement or arrangement permitting suchactivities by any other party shall be entered into with any other party during the concession period by theCompetent Authority. However, North Delhi Municipal Corporation may distribute the work amongst twobidders to expedite the data collection process.

32. FORCE MAJUERE : The bidders shall not be responsible for failure or delay in performingtheir obligations under presents due to force majeure, which shall include but not be limited to war(invasion, armed conflict or act of foreign enemy, blockade, revolution, riots, insurrection, civil commotion,act of terrorism, or sabotage), Act of God, epidemic, cyber terrorism/cyber criminals, lightning, earthquake,

[ 125 (N) ]

cyclone, whirlwind, flood, tempest, storm, drought, lack of water or other unusual or extreme adverseweather or environmental conditions, action of the elements, meteorites, fire or explosion, strike, embargoput by the Government or any Court of Law/threats from naxals/anti national elements/political protestsagainst the project or extortion from anti social elements, theft, loot or any other situation not envisaged atthe time of formulation of this project/tender. If the circumstances leading to force majeure occur, theaffected party shall give notice thereof to the other party. The notice shall include full particulars of thenature of Force Majeure event, the effect it is likely to have on the Affected Party’s performance of itsobligations and the measures which the Affected Party is taking, or proposes to take, to alleviate theimpact of the Force Majeure Event and restore the performance of its obligations. The obligations of theAffected Party shall be suspended to the extent they are affected by the Force Majeure.

33. TERMINATION OF CONTRACT :

33.1. The Municipal Corporation may at any time terminate the Contract by giving writtennotice to the Agency, if it becomes bankrupt or otherwise insolvent or in case of dissolu-tion of firm/company or winding up of firm/company.

33.2. The contract may also be terminated due to non-performance of selected agency duringexecution of Project. In such case the Municipal Corporation shall intimate the selectedbidder in writing about all issues where performance is below the expected level or is notsatisfactory and the selected bidder shall be given 90 days to rectify the same. Failure torectify the same shall result in termination of the contract. That a part of the SecurityDeposit may be deducted to the extent of non performance, if any which shall be dulydecided by the Coordination Committee.

33.3. That Security Deposit shall not be invoked in case of force majeure situations and thecontract shall not be terminated for failure to discharge responsibilities due to forcemajeure situations.

33.4. That no consequential damages shall be payable by the either parties upon termination ofthe contract, except for penalties deducted from the performance guarantee.

34. DISPUTES : In case of disputes, only Local Courts in Delhi shall have jurisdiction or throughArbitration as per Indian Laws. The Parties shall endeavour to settle by mutual conciliation any claim,dispute, or controversy (“Dispute”) arising out of, or in relation to this project. Any Dispute shall be finallysettled in accordance with the Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall beconducted in Delhi. The arbitration proceedings shall be conducted in the English language.

35. For interpretation of any clause in the Tender or project functionalities during project executionphase, the interpretation the Municipal Corporation and the Coordination Committee deliberations/decisionsshall be final and binding.

36. UNDERTAKING : I/we have gone through the tender documents and accepted all the termsand condition of the tender and bound by the conditions given in the document as well as scope of work.That we agree that only the technically best tender shall be selected for financial evaluation and since theproject is highly specialized in nature, even if one bidder qualifies in the technical bid evaluation process, itsfinancial bid shall be opened and work shall be awarded. That we agree that L1 from amongst qualifiedbidders may be rejected if the tender award committee feels that the response to tender is not qualifiedenough for the selected bidder to execute the project on the ground.

[ 126 (N) ]

Seen and accepted. Signature of the Authorized Signatory

(With Office Rubber Stamp)

FORMAT FOR TENDER ASSESSMENT

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. NAME OF THE ORGANISATION WITHANY ONE REGISTRATION DOCUMENT

2. CORRESPONDENCE ADDRESS

3. CONTACT MOBILE NUMBER AND EMAILID

4. NAME OF PERSON(S) TO BE CONTACTEDFOR CLARIFICATION

5. PROJECT IMPLEMENTATION PLAN ASPER THE TENDER DOCUMENTS(ENCLOSED)

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Certified that the information given above is correct to the best of my knowledge.

SIGNATURE OF AUTHORIZED SIGNATORY WITH SEAL :

DATE :

[ 127 (N) ]


Date :

To,


SUBJECT :— FINANCIAL BID—TENDER TO ENGAGE SERVICES OF AN AGENCYFOR ASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE(UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAMLINETAX COLLECTION.

Sir,

1. We, the undersigned, having carefully examined the referred tender offer to participatein the same, in full conformity with the said tender and all the terms and conditions thereofand are quoting the costs exclusive of service tax which shall be levied as applicable fromtime to time.

2. 10% TDS shall be deducted and deposited on monthly basis and TDS payment detailsshall be furnished to the Nodal Officer.

3. We understand you are not bound to accept any proposal you receive, not to give reasonfor rejection of any proposal and that you will not defray any expenses incurred by us inbidding.

4. We understand that you have the right to enter into negotiations for offered prices fromany bidder who is considered to be eligible as per tender documents.

Signature

Designation

[ 128 (N) ]

FINANCIAL BID

PART- II

TO BE SUBMITTED IN ORIGINAL BID DOCUMENT REQUIRED FOR FINANCIAL BID & SHOULDBE KEPT IN SEPARATE SEALED COVER SUPERSCRIBING “PART-II—FINANCIAL BID - “TEN-DER TO ENGAGE SERVICES OF AN AGENCY FOR ASSIGNMENT OF UNIQUE PROPERTYIDENTIFICATION CODE (UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAM-LINE TAX COLLECTION”.

[ 129 (N) ]


To,


SUBJECT :— FINANCIAL BID—TENDER TO ENGAGE SERVICES OF AN AGENCYFOR ASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE(UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAMLINETAX COLLECTION.

Dear Sir,

With reference to the invitation to Bid No. ……………………. Dated ……………………for the above-mentioned tender, we hereby offer our rates as per the scope of work mentioned in the biddocuments. We understand that the Competent Authority is not bound to accept the lowest offer andreserves the right to reject any or all offers without assigning any reason. The financial rates are detailedas under (the bidders are free to provide this information in a supplementary sheet) :––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. Particulars Value in Figures Value in wordsNo. (Including Service (Including Service

Tax & Any Other Taxes Tax & Any OtherAs Applicable) Taxes As Applicable)

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––1. Service Charge Per Entire Scope of

Work For UPIC Allotment u/ 125 asper the scope of work in the tenderdocuments.

2. Service Charge Per PremisesNumber/Sub Number U/s 327.

3. Any Other Service Charges.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

The entire project has to be implemented on turnkey basis and the administrative, operational(transport which may increase on account of increasing fuel bills/boarding/lodging/publicity and PR costs/document station/scanning/database update/accounting and tally software account management costs,training of master trainers for record management, all scope of work in the bid etc.) costs would beprovided by the successful bidder and hence must be factored in the Financial Bid. As the project durationis for 30 months, inflation factor for transport/manpower/repeat data collection etc must be kept in mindwhile bidding for the proposed project. We have satisfied ourselves and carefully perused the terms andconditions of the bid documents/specifications and we hereby confirm to provide turnkey services on yourbehalf. We also understand that you will not accept those Bids, which are not in conformity to theprescribed terms and conditions. Thanking you.

Signature of Authorized Signatory With Seal :

Date:

[ 130 (N) ]

Item No. 76 :— Framing of guidelines/criteria for registration of Non-motorized Vehicles(Cycle Rickshaws) and issuance of licenses to the Cycle RickshawPullers/Pliers in compliance of directions dated 2-6-2012, 7-12-2012 and14-12-2012 of the Hon’ble High Court of Delhi in CWP No. 4572/2007(Manushi Sangathan V/s MCD & Ors.).

Commissioner’s letter No. F. 33/Hackney Carriage/NDMC/462/C&C dated 30-1-2013.

In the unified MCD, a zone-wise ceiling/limit for grant of 99,000 cycle rickshaw licenses wasfixed by the Corporation vide its Resolution No. 217 dated 1-12-1997 (ANNEXURE ‘A’) in all its entirejurisdiction of 12 Municipal Zones and accordingly 89,429 cycle rickshaw licenses were issued as perCycle Rickshaw Bye-laws, 1960 (amended in the year 1994).

2. The Hon’ble High Court of Delhi vide its Order dated 10-2-2010 while constituting a SpecialTask Force headed by the Chief Secretary, GNCTD to explore all the questions pertaining to road trafficin Delhi with the objective of minimizing congestion, reducing pollution levels of motor vehicles andensuring equitable access to all classes of vehicles that ply on the roads including non-motorized transportsuch as bicycles and cycle rickshaws etc. held that the restriction or cap imposed by MCD in respect ofcycle rickshaw licenses which can be issued, is held to arbitrary, and the impugned 2007 policy particularlyclause 4(c) is hereby set side to that extent and Clause 4 (k) and (l) of the impugned policy of 2007 andBye-law 17(b) and 17-A of the 1960 Bye-laws to the extent they permit confiscation, and scrapping ofcycle rickshaws, and mandate a continuing offence, prescribing specific sanctions, are without authority oflaw and contrary to the Delhi Municipal Corporation Act, 1957. However, provision of Bye-law 17 (a) ofthe Cycle Rickshaw Bye-laws, 1960 to impose of a penalty which may extend to Rs. 50/- whoevercontravenes any provision of any of the bye-laws 3, 5, 6, 7, 8, 10, 11 or 13 as per Bye-law No. 17 of theCycle Rickshaw Bye-law, 1960 has been kept alive.

3. Subsequently, the Hon’ble High Court of Delhi vide its orders dated 2-6-2012(ANNEXURE ‘B’) passed in CWP No. 4572/2007 has, however, issued directions to the MCD forregistration of all cycle rickshaws and licensing of pullers/pliers thereof and to take a decision for fixingone-time registration fee/parking charges for registration of the NMVs. The registration shall remain validfor a period of five years. As regards the fee for plier/puller license, it shall be collected on three-yearlybasis or for longer duration as may be decided by the MCD.

4. The Hon’ble High Court of Delhi vide its subsequent order dated 7-12-2012(ANNEXURE ‘C’) directed that the inputs provided and the forms suggested by the petitioner may alsobe taken into consideration by the MCD for the purpose of redrawing of the application forms forregistration of MNVs and licensing of pullers/pliers thereof. The forms will indicate what the fees to becollected for registration, license and parking which will contain instructions to the applicants to facilitatequick processing of the applications. The Hon’ble Court further clarified that these forms would apply toregistration and licensing only of cycle rickshaws as defined by the Cycle Rickshaw Bye-laws.

5. Accordingly, taken into account the inputs provided by the petitioner, application forms forregistration of cycle rickshaws and licensing of pullers/pliers have been finalized which are annexedherewith as ANNEXURE ‘D’ & ANNEXURE ‘E’ respectively.

[ 131 (N) ]

There shall be a registration fee of Rs. 500/- (valid for five years) & parking fee of Rs. 500/-(one time) whereas the licensing fee to be charged for grant of puller/plier license shall be Rs. 150/- (validfor three years) which has also been indicated on the top of the Application Forms containing instructionsoverleaf thereof as directed by the Hon’ble High Court of Delhi. The details about it are as under :———————————————————————————————————————————

Category Fee as per Fee suggested by Fee proposed byexisting Policy the Petitioner the Department

——————————————————————————————————————————Registration of Rs. 50.00 Rs. 400.00 Rs. 500.00Cycle Rickshaw per annum (for five years) (for five years)

Parking Fee Nil Rs. 100.00 Rs. 500.00(one time) (one time)

Cycle Rickshaw Rs. 25.00 per Rs. 100.00 Rs.150.00per annum (for three years) (for three years)

——————————————————————————————————————————

6. It is added that an Application was moved before the Hon’ble High Court of Delhi in theinstant matter by the North DMC thereby requesting the Hon’ble Court to kindly get the proof ofresidence as mandatory for registration of NMV/Cycle Rickshaw and for granting license to the rickshawpullers/pliers and only then the registration and license of NMVs shall be undertaken by the Civic Body.The Hon’ble High Court vide its order dated 7-12-2012 has, however, dismissed such application sincemoved by North DMC.

However, taking into account legal advice given by Ms. Madhu Tewatia, Advocate & ChiefLaw Officer, North DMC, a Special Leave Petition (SLP) has been preferred before the Hon’bleSupreme Court of India with reference to insisting on ID and address proof while issuing license andregistration of cycle rickshaws.

In order to ensure compliance of the aforesaid directions passed by the Hon’ble High Court ofDelhi & to avoid any adverse directions, the matter may placed before the Corporation, routed throughStanding Committee to accord approval so as to undertake the process of registration of cycle rickshawsand licensing of rickshaw pullers/pliers plying within the jurisdiction of the North DMC on realization ofregistration fees/parking charges for cycle rickshaws & license fee for cycle rickshaw puller/plier asproposed under para (5) hereinabove & in accordance with the terms/conditions placed on the overleaf ofthe Application Forms and in the light of the provisions of the Cycie Rickshaws Bye-laws subject to finaloutcome of the Special leave Petition (SLP) preferred before the Hon’ble Supreme Court of India on theissue of ID and address proofs of the cycle rickshaw pullers/pliers. The finance has already concurred inthe proposal.

[ 132 (N) ]

ANNEXURE ‘E’mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½

jftLVªs”ku uaŒ a a a a a a a a a a a a a a a a a a

iathdj.k “kqYd ¼oSèkrk ikap o’kZ½ 500@& #i;s jlhn la[;k a a a a a a a a a a a a frfFk a a a a a a a a a a a a ¼layXu djsa½ikÆdax “kqYd ¼,deq”r½ 500@& #i;s jlhn la[;k a a a a a a a a a a a a a a a a frfFk a a a a a a a a a a a aa a a a a a

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ % iathdj.k gsrq vkosnu&i=1- vkosnd dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a

2- firk@ifr dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a

3- orZeku fuokl dk irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

4- fnYyh esa dc ls jg jgs gSa a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a

5- LFkk;h irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

6- tUe frfFk@vk;q a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a

7- eksVj jfgr okgu dh Js.kh o Ýse uaŒ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a

8- eksVj jfgr okgu [kjhnus dh jlhn ¼;fn gS rks½ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a

‘kiFk&i=1- eSa “kiFk ysrk gw¡ fd iathdj.k dk nq#i;ksx ugha d:¡axkA2- eSa ;g Hkh “kiFk ysrk gw¡ fd iathdj.k tkjh dh xÃ eksVj jfgr okgu ¼lkÃdy fjD”kk½ dk Ýse uaŒ fdlh

vU; eksVj jfgr okgu ¼lkÃfdy fjD”kk½ ij ç;ksx ugha d:¡axkA3- mijksDr fn;k x;k fooj.k esjh le> ds vuqlkj lR; gSA vxj foHkkx fdlh Hkh le; ;g ikrk gS fd

mijksDr fooj.k o tkudkjh vlR; gS rks foHkkx dks eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dk iathdj.k jÌdjus dk vfèkdkj gksxkA

fVIi.kh %& vkosnd ls fuokl ls lEcfUèkr nLrkostysus gsrw ;kfpdk ekuuh; loksZPp U;k;ky; esafopkjkèkkhu gS ftldk fu.kZ; lHkh dks Lohdk;Z gksxkA

çkFkhZ ds gLrk{kj@vaxwBk fu’kku

mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkbfdy fjD’kk½ % iathdj.k gsrq vkosnu&i= dh çkfIriathdj.k gsrq vkosnu Jh@Jherh a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a firk@ifr Jh a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a ls çkIrfd;kA bl vkosnu&i= esa dksÃ deh ugha gS@la{ksi esa fuEufyf[kr dfe;ka gSa ¼js[kkafdr Hkkx esa tks ykxw u gks] rks mlsdkV fn;k tk,A½] ftls vkosnd “khÄz nwj djsaA1- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 2- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 3- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aLFkku a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a fnukad a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a afVIi.kh %& vkosnd ls fuokl ls lEcfUèkr nLrkost

ysus gsrw ;kfpdk ekuuh; loksZPp U;k;ky; esafopkjkèkkhu gS ftldk fu.kZ; lHkh dks Lohdk;Z gksxkA

çkIrdÙkkZ ds gLrk{kj ¼LVkEi lfgr½

ikli®VZ lkbZtdk Q®V®

[ 133 (N) ]

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ dk iathdj.keksVj jfgr okgu ¼lkÃfdy fjD”kk½ ds iathdj.k ds fy, funsZ”kA1- çR;sd vkosnd lkjh vkSipkfjdrk;sa iwjh djus ds i”pkr~ gh eksVj jfgr okgu ¼lkÃfdy fjD”kk½

ds iathdj.k ds gdnkj@;ksX; gksxkA2- QkeZ rhuksa uxj fuxe ds lhŒ,lŒchŒ dkmaVj ls fu%”kqYd çkIr gksxk] rFkk çR;sd uxj fuxe

dh osclkÃV ls Hkh MkmuyksM fd;k tk ldrk gSA3- QkeZ tek fd;s tk;saxs %&

¼d½ lacafèkr fuxe ds {ks=h; dk;kZy; ds lhŒ,lŒchŒ dkmUVj ijA¼[k½ fdlh Hkh dk;Zfnol esa çkr% 9&00 cts ls mijkUg 3&00 cts rdA¼x½ çR;sd vkosnd viuk QkWeZ tek djus ds fy, Lo;a mifLFkr gksxkA

4- iathdj.k ds fy, rhuksa uxj fuxe }kjk iw.kZr;k Hkjs gq, QkeZ gh çkIr fd;s tk;saxsA5- iathdj.k “kqYd 500@& #i;s iakp o’kZ ds fy, ekU; gksxkA6- QkeZ ds lkFk fuokl lacafèkr rFkk lkÃfdy fjD”kk [kjhnus lacafèkr nLrkost nsuk vfuok;Z ugha

gSA7- ikÆdax “kqYd ,deq”r 500@& #i;s iathdj.k ds lkFk nsuk gksxkA8- vkosnu dh çLrqfr ds nks dk;Z fnolksa ds Hkhrj çR;sd uxj fuxe ;k rks iathdj.k dh LohÑfr

nsxk ;k QkeZ viw.kZ gksus dh fLFkfr esa nLrkost deh i=@Kkiu nsxkA9- ;fn vkosnu QkeZ esa dksÃ deh ikÃ tkrh gS rks mldks vkosnd }kjk Li’V fd;k tk,xkA ,d

ckj og Li’Vrk çLrqr dj nsrk gS rks çR;sd uxj fuxe dks nks fnu ds Hkhrj mlds eksVj jfgrokgu ¼lkÃfdy fjD”kk½ dk iathdj.k djuk gksxkA ;fn iw.kZ QkeZ dh çkfIr ds nks fnu ds HkhrjçR;sd uxj fuxe mDr eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dk iathdj.k ugha djrk rks mDreksVj jfgr okgu ¼lkÃfdy fjD”kk½ dks iathÑr le>k tk,xkA

10- iathdj.k dkMZ ds xqe gksus dh fLFkfr esa vkosnd ,QŒvkÃŒvkjŒ@iqfyl f”kdk;r ds lkFk200@& #i;s tek djkdj u;k dkMZ çkIr dj ldrk gSA

11- fdlh Hkh çdkj dh f”kdk;r@ijs”kkuh ds fy, lacafèkr {ks=ksa ds lgk;d vk;qä] vihyh;çkfèkdkjh gksaxs vkSj vkosnd dh ijs”kkuh dks lkr fnu ds Hkhrj fuokj.k dj mfpr dk;ZokghdjsaxsAgsYiykÃu uEcj a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a{ks=h; lgk;d vk;qDr ds dk;kZy; dk irk a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a a

12- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dh iathdj.k la[;k dks ,d IysV ds mij fpidk dj eksVjjfgr okgu ¼lkÃfdy fjD”kk½ ij yxk;k tkuk vfuok;Z gSA

13- ;g eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dEI;qVjhÑr gksxkA14- vkosnd QkWeZ esa ikÃ xÃ xyr lwpuk vFkok èkks[kkèkM+h gks] rks og iathdj.k dh jn~nrk dk

dkj.k gksxkA

[ 134 (N) ]

ANNEXURE ‘D’mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds ykÃlsal gsrq vkosnu&i=iathdj.k “kqYd ¼oSèkrk rhu o’kZ½ 150@& #i;s jlhn la[;k a a a a a aa a a a a frfFk a a a aa a aa a a a a ¼layXu djsa½

1- vkosnd dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a

2- firk@ifr dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a

3- orZeku fuokl dk irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

4- fnYyh esa dc ls jg jgs gSa a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a

5- LFkk;h irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a Fkkuk a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa aa aiksLV vkWfQl a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a ftyk a a a a a a a aa a a a a a a a a a a a a a çkUr a a aa a a a a a a a a a a a a a a a aaa a a a a a a a a aa a a a a a a a a

6- tUefrfFk@vk;q a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a

7- eksVj jfgr okgu [kjhnus dh jlhn ¼;fn gS rks½ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a aa a a a a aÄks”k.kk

1- eSa Äks’k.kk djrk gw¡ fd mijksDr fn;k x;k fooj.k esjh le> ds vuqlkj lR; gSA2- ;fn fdlh Hkh mijksDr fooj.k o tkudkjh esa vlR;rk ik;h tkrh gS rks foHkkx dks esjk ykblsal jÌ djus

dk vfèkdkj gksxkA


çkFkhZ ds gLrk{kj@vaxwBk fu’kku

mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds ykÃlsal gsrq vkosnu&i= dh çkfIreksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds ykblsal gsrq vkosnu&i=

Jh@Jherh a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a afirk@ifr Jh a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a ls çkIr fd;kA bl vkosnu&i= esa dksÃ deh ugha gS@la{ksi esa fuEufyf[krdfe;ka gSa ¼js[kkafdr Hkkx esa tks ykxw u gks] rks mls dkV fn;k tk,A½] ftls vkosnd “khÄz nwj djsaA1- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 2- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 3- a a a a a a a a a a a a a a a a a a a a a a a a a a a a aLFkku a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a fnukad a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a


çkIrdÙkkZ ds gLrk{kj ¼LVkEi lfgr½

ikli®VZ lkbZtdk Q®V®

[ 135 (N) ]

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds fy, ykÃlsal

eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds fy, ykÃlsal tkjh djus lacafèkr funsZ”kA1- çR;sd vkosnd lkjh vkSipkfjdrk;sa iwjh djus ds i”pkr~ gh ykÃlsal dk gdnkj@;ksX; gksxkA

2- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds ykÃlsal ds fy, vkosnu&i= rhuksa uxj fuxe dslhŒ,lŒchŒ dkmaVj ls fu%”kqYd çkIr gksxk] rFkk çR;sd uxj fuxe dh osclkÃV ls HkhMkmuyksM fd;k tk ldrk gSA

3- QkeZ tek fd;s tk;saxs %&

¼d½ lacafèkr fuxe ds {ks=h; dk;kZy; ds lhŒ,lŒchŒ dkmUVj ijA

¼[k½ fdlh Hkh dk;Z fnol esa çkr% 9&00 cts ls vijkà 3&00 cts rdA

¼x½ çR;sd vkosnd viuk QkWeZ tek djus ds fy, Lo;a mifLFkr gksxkA

4- ykÃlsal ds fy, rhuksa uxj fuxe }kjk iw.kZr;k Hkjs gq, QkeZ gh çkIr fd;s tk;saxsA

5- ykÃlsal “kqYd 150@& #i;s rhu o’kZ ds fy, ekU; gksxkA

6- QkeZ ds lkFk fuokl lacafèkr rFkk vU; nLrkost nsuk vfuok;Z ugha gSA

7- vkosnu dh çLrqfr ds nks dk;Z fnolksa ds Hkhrj çR;sd uxj fuxe ;k rks ykÃlsal dh LohÑfrnsxk ;k QkeZ viw.kZ gksus dh fLFkfr esa nLrkost deh i=@Kkiu nsxkA

8- ;fn vkosnu QkeZ esa dksÃ deh ikÃ tkrh gS rks mldks vkosnd }kjk Li’V fd;k tk,xkA ,dckj og Li’Vrk çLrqr dj nsrk gS rks çR;sd uxj fuxe dks nks fnu ds Hkhrj mldks ykÃlsalnsuk gksxkA ;fn iw.kZ QkeZ dh çkfIr ds nks fnu ds Hkhrj çR;sd uxj fuxe mDr ykÃlsal çnkuugha djrk gS rks mDr ykÃlsal dks LohÑr le>k tk,xkA

9- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd dks ykÃlsal vius lkFk j[kuk gksxkA

10- ykÃlsal ds xqe gksus dh fLFkfr esa vkosnd ,QŒvkÃŒvkjŒ@iqfyl f”kdk;r ds lkFk 200@&#i;s tek djkdj u;k ykÃlsal çkIr dj ldrk gSA

11- fdlh Hkh çdkj dh f”kdk;r@ijs”kkuh ds fy, lacafèkr {ks=ksa ds lgk;d vk;qä] vihyh;çkfèkdkjh gksaxs vkSj vkosnd dh ijs”kkuh dks lkr fnu ds Hkhrj fuokj.k dj mfpr dk;ZokghdjsaxsA

gsYiykbu uEcj a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a

{ks=h; lgk;d vk;qDr ds dk;kZy; dk irk a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a

a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a a

12- ;fn vkosnu QkeZ esa ikÃ xÃ xyr lwpuk vFkok èkks[kkèkM+h gks] rks og ykÃlsal dh jn~nrk dkdkj.k gksxkA

[ 136 (N) ]

ANNEXURE ‘B’

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision : 2-6-2012

W.P. (C) 4572/2007MANUSHI SANGATHAN, DELHI ...... Petitioner

Versus

GOVT OF DELHI AND ORS. .....Respondents

W.P. (C) 8580/2009INITIATIVE FOR TRANSPORTATION AND DEVELOPMENTPROGRAMMES ...... Petitioner

Versus

MCD AND ORS. .....Respondents

CONT. CASE (C) 564/2010MANUSHI SANGATHAN ...... Petitioner

Versus

P.K. PANDA AND ORS. .....Respondents

Appearance : Ms. Indira unninayar with Ms. Kirat Randhawa, Advocate forpetitioners in WP (C) 4572/07 and Cont. Case (C) 564/2010.

Mr. Nazmi Waziri, Standing Counsel for GNCTD with Ms. Neha Kapoor,Advocate.

Ms. Madhu Tewatia, Advocate for MCD with Ms. Sidhi Arora, Advocate.

Ms. Geetanjali Mohan, Advocate for Railways with Ms. Mansi Gautam,Advocate.

Mr. Sanjeev Ralli with Mr. Sandeep Anand. Advocates for respondents/Chandni Chowk Vyapar Mandal.

Ms. Pooja Bahuguna, for Ms. Sangeeta Chandra, Standing Counsel for DDA.

Ms. Reeta Kaul and Sh. Sandeep Khatri, Advocates, for Resp. Nos. 4 and 5in W.P. (C) 4572/2007.

Mr. Shashi Bhushan, President, All Delhi Cycle Rickshaw Operator Union.

CORAM :

MR. JUSTICE S. RAVINDRA BHATDR. JUSTICE S. MURALIDHAR

MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

%

C.M. APPL. 626/2012, 2724/2012, 2801/2012, 3663/2012 and 793/2012

Left Slip Road

1. At a special sitting today, the Court was shown several presentations. One of these included apresentation by M/s. Pradeep Sachdeva and Associates, the Architects commissioned by the MCD. This

[ 137 (N) ]

presentation was about the road segregation on the S.P. Mukherjee Marg for the purpose of pilot projectfor implementation of the directions contained in this Court’s judgment dated 10-2-2010. The Court isinformed that this presentation was also made before the UTTIPEC which has approved it in principle.According to the proposal, the free-left slip road turning on to the S.P. Mukherjee Marg would no longerexist. Instead a separate lane has been created in the main carriageway to cater to the left-turningmotorized vehicle (MV) traffic. The proposal also envisions a multi-utility zone (MUZ) which is to act as abuffer between non-motorized vehicle (NMV, a term which refers to cycle rickshaws, trolleys, thelas, etc.also variously called “cycle rickshaws”) (NMV) lane and the main carriageway for motorized vehicles.The MUZ would be used for parking of rickshaws, emergency vehicles, ‘PCRs and also for the purposeof hawking.

2. Mr. Nazmi Waziri, learned counsel on behalf of the NCT of Delhi and the Delhi Policesubmitted on instructions from the DCP (Traffic) present in court that the above proposal was acceptableand that suitable steps to implement the same would be taken at the earliest. We also direct all concernedagencies to cooperate and ensure that the road segregation of the S.P. Mukherjee Marg with the additionalMV lane as proposed by M/s. Pradeep Sachdeva and Associates is implemented within six weeks fromtoday. Just after the above was dictated in Court, Mr. Waziri informed the Court that that there was arethink. by the DCP (Traffic) and that even though earlier the proposal to do away with the free left sliproad had been agreed to by the Govt. of NCT of Delhi, they were now opposed to the idea and wished tohave a free left slip road. The concerned DCP Traffic is of the opinion that such a free slip road isnecessary and that the Delhi Police is not comfortable with the idea of a buffer zone.

3. We notice in this regard that the UTIIPEC formulated Street Design Guidelines adopted by itin November, 2009, which is the guiding norm for town-planning and design of various streets in the Govt..of NCT of Delhi.

These guidelines inter alia state :—

“Slip roads on Delhi roads are meant for the “signal free” movement of traffic andto spare the left turning traffic from having to wait at traffic lights for taking a turn.

While such car-oriented design features has not really helped reduce congestion oncity roads, this design feature make “crossing the street safely” for pedestrians,cyclists, aged and physically challenged people an impossible task.

Making street-crossing unsafe for these road users further discourages walking anduse of public transport, and therefore induces people to use private vehicles.

Therefore, from a pedestrian and cyclist safety standpoint, Slip roads areundesirable.”

4. We are of the considered opinion that the UTTIPEC guidelines having been shown anddiscussed, and accepted in principle previously, should be acted upon. We also notice that the Govt. ofNCT of Delhi is committed to the UTTIPEC guidelines and has agreed to implement the same. Noreservation of the kind being voiced now, is on record, in any of the previous UTTIPEC meetings,including those chaired by the Lieutenant Governor. We accordingly direct all the authorities and agencies,including the Delhi Police, to cooperate and ensure that the proposal suggested and shown in Court todayby M/s. Pradeep Sachdeva and Associates are implemented within the shortest possible time and in anyevent within six weeks from today.

Entry of buses into the Old Delhi Railway Station

5. Pursuant to “the notice issued by this Court, the Northern Railways is present and isrepresented by Ms. Geetanjali Mohan, learned counsel. She stated that according to the agreed plan, buses

[ 138 (N) ]

were permitted entry into the Old Delhi Railway Station on 26th May, 2012 but that due to demonstrationsand resistance by taxi pliers, however, implementation of the plan could not take place. During the hearing,Mr. Waziri, learned counsel for the Govt. of NCT of Delhi, Ms. Madhu Tewatia, learned counsel for theMCD and Ms. Indira Unninayar, learned counsel for the petitioner emphasized that there was considerable‘traffic congestion and chaos outside the Old Delhi railway station on account of the buses having to waitand being denied entry and the passengers who alight and walk along the street which in turn clogs thestreets. It was submitted that the bus passengers are left in the lurch because they would have to travel aconsiderable distance from the alighting point to the station with heavy loads of luggage. Other passengerswho travel in private vehicles taxis or other private modes of transport do not face a similar hardship. MT.Waziri submitted that if buses are allowed entry as they were earlier, a far greater number of passengerswould be able to reach the station easily and thus avoid the traffic chaos which prevails in the area. Ms.Mohan, on the other hand, submitted that the situation which existed 22 years ago does not prevail nowsince there has been a 10-fold increase in the footfalls in the railway station. It was submitted that the taxipliers, auto rickshaw and cycle rickshaw pliers have serious reservations to such proposal.

6. We are of the opinion that the experiment of allowing entry of buses into the Old DelhiRailway Station should be viewed as an essential component of the pilot project and tried on anexperimental basis for 15 days to begin with. This is vital for gathering data. Also it is important to ensureequitable access to the railway station to all passengers whether approaching in a bus or other forms oftransport. A few who travel through private modes of transport cannot be privileged over the rest. TheCourt accordingly directs the Govt. of NCT of Delhi, the Delhi Police and the Northern Railways tocoordinate and ensure smooth functioning of the plan whereby DTC and other buses in the cluster systemthat are pennitted to operate on DTC routes are allowed entry into the Old Delhi Railway Station. Whilecollecting data the concerned agency may take into consideration all the relevant parameters, including theaverage time spent by each bus, the number of passengers alighting from the buses or going into buses,after leaving the Railway Station and such like information which would be necessary for an assessmentof the pilot project. While working out the plan, it is open to the Delhi Police and the other concernedagencies including the DTC to suggest a waiting period for the buses. Temporary sites for passengers toboard the buses at the station may also be earmarked. Ms. Tewatia, learned counsel for the MCD statedthat the Dangal Maidan, i.e. the ground opposite the station, has been vacated and has by an Office Orderbeen earmarked for the exclusive use by buses with effect from 3rd May, 2012. In view of this develop-ment, the Delhi Police and other concerned agencies tasked with the duty of implementing the UTTIPECproposals and the directions of the Court shall make optimal use of the said open space in the DangalMaidan for bus parking and to facilitate use of the vehicles by the passengers, who have to cross the roador who alight in order to get into the station from the opposite end of the road.

7. DRM (Railways), Delhi Division will for the above purpose, convene a meeting of theconcerned officials of the Govt. of NCT of Delhi, the MCD, the DTC and the Delhi Police in the firstinstance on 6th June, 2012 and ensure that steps are taken to implement the plan within the time frameindicated hereinabove.

Registration of cycle rickshaws

8. After hearing all the parties, the Court is of the opinion that the MCD should with utmostexpedition start registering cycle rickshaws plying in the city. For this purpose :

the form proposed by the MCD on the record (at page 1184 of the paperbaokshall be utilized with certain modifications, suggested hereafter. The form which will betitled “Application for Registration of NMV” will be made available free of charge andalso placed on the internet so that it can be downloaded and printed. Also, sufficientnumber of copies shall be made available by the MCD at its Citizen Service Bureau(CSB) counters registration counters. The MCD should make adequate arrangements forthe digital photographs and the recording of index fingerprint of the applicants as is done inthe case of applicants for MV licences.

[ 139 (N) ]

Proof of residence should not be insisted upon, having regard to the economicstrata of the applicants and also the fact that most of them may not possess any proof ofresidence.

The MCD shall also not insist upon the proof of purchase of cycle rickshaw,having regard to the fact that in many cases, these are assembled and receipts would behard to come by. Insistence on document is irrelevant. Ms. Tewatia, learned counsel forthe MCD has assured that the registration certificate in respect of the cycle rickshawwould be issued within two days of the duly filled form being submitted.

Licence for cycle rickshaw pliers

9. So far as the application by the cycle rickshaw plier for licence, the form suggested by theMCD at page 1182 of the pleadings shall form the basis. However, as in the case of the application forregistration of NMVs, furnishing of proof of residence shall not be insisted upon and the form shall beprovided free of charge. Infonnation regarding experience of driving a cycle rickshaw, knowledge of thetraffic rules and about any disease that the applicant is suffering from are irrelevant and should not beinsisted upon. Here too, the MCD assures the Court that license would be issued within two days of theapplication being launched. As far as the insistence by the MCD of the disclosure as to whether anapplicant has been convicted for any offence is concerned, the Court notices that this is based on aprevious understanding of the Bye-laws which were framed in 1960. The Court is of the opinion that thereis some inherent bias against those who apply for cycle rickshaw registration or licence. The informationthat is sought from those who apply for MV licences in terms of Rule 14 of the Motor Vehicles Rules isabout previous conviction under the Motor Vemcles Act, 1988 but not generally about all convictions. Inthese circumstances, calling for these particulars from an applicant for a cycle rickshaw licence is notrelevant and should not be insisted upon.

Fees and parking charges

10. MCD shall take a decision for fixing one-time registration fee for registration of the NMV.The registration shall remain valid for a period of five years. As regards the fee for licence, it shall becollected on three-yearly basis or for longer duration as may be decided by the MCD. However, it shall beensured that the licence fee is commensurate with the nature of the vehicle and the economic strata of theapplicants.

11. One major area of concern for cycle rickshaw owners and pliers is complete absence ofparking areas. Ms. Tewatia stated on instructions that certain areas for this purpose have been earmarkedin each zone. However, these are to be formally notified and permitted to be used for parking of NMVs.The MCD is directed to take immediate and expeditious steps to designate the NMV parking areas andannounce the roles for their use.

12. Apart from the above, the Court is further of the opinion that the MCD may collect one-timeparking charges at the time of grant of NMV registration so as to or reduce the scope of harassment ofthe NMV owners and/or Pliers.

Redrawing of the forms

13. The fonn of the application for registration of NMVs as well as the form for application forlicence shall be redrawn on the above basis and placed before the court by the MCD on the next date.The inputs provided and the forms suggested by the Petitioner may also be taken into consideration by theMCD for this purpose. The forms will indicate what the fees to be collected for registration, licence andparking. They will contain instructions to the applicants to facilitate quick processing of the applications.The forms will be rolled out after approval by the Court.

[ 140 (N) ]

CONT. CASE (C) 564/2010

14. This Court has considered the submissions on behalf of the petitioners and the MCD. Thepetitioners have also filed two reports dated 2nd May and 24th May, 2012. Ms. Tewatia referred to aCircular dated 25th April, 2012 and submitted that instructions have been issued by the MCD to ensurethat no cycle rickshaw owner or plier is harassed in any manner and that after 1st May, 2012 no NMV hasbeen seized or impounded as is being alleged.

15. On the other hand Ms. Unninayar, learned counsel for the writ petitioners, highlighted thesystematic harassment of the cycle rickshaw owners and pliers. The video clippings produced by thePetitioners and played in the Court prima facie reveal that there is a prevalent practice of illegal seizuresby MCD officials of NMVs/rickshaws, their storage in illegal ‘yards’, extraction of money from the pliersas ‘passing’ fee etc.

16. Video clips pertaining to an incident which occurred on 28th April, 2012 involving oneMr. Dhanik Lal were also played in the Court. Mr. Dhanik Lal is stated to have lost 90 of his 120rickshaws to illegal seizures/confiscations by the MCD officials. The allegation pertaining to the incidentwas that one of the cycle rickshaws of Mr. Dhanik Lal was illegally confiscated by two MCD employees,Arvind and Devender and in relation to that incident Mr. Dhanik Lal had initially filed a complaint withPolice Station (P.S.), Rohini South, alleging harassment by the said two MCD employees. Later the MCDis alleged to have filed a complaint with P.S. Keshavpuram alleging that Mr. Dhanik Lal and two of themembers of the Petitioner organisation had ‘stolen’ a rickshaw from MCD’s yard. This led to their beingpicked up by the police. A video clip was played in Court which showed the intervention by Ms. MadhuKishwar with the SHO at P.S. Keshavpuram to get them released. Ms. Kishwar informed the Court that afew days later policemen from P.S. Keshavpuram prevailed upon Mr. Dhanik Lal and that on 4th May,2012 he withdrew his complaint. She alleged that Mr. Dhanik Lal had gone missing ever since.

17. This Court directed Mr. Pawan Varma the learned Standing Counsel for the Govt. of NCT ofDelhi to make enquiries. He obtained the relevant file from the concerned P.S. SHO, PS Rohini South—Sh. Jai Prakash—who is also present. It was submitted that Mr. Dhanik Lal is indeed in Delhi. Mr.Varmaassured that on the basis of the facts revealed in Court, an FIR would be registered as it prima facieappeared to disclose a cognizable offence. In these circumstances, the Govt. of NCT of Delhi is directedto take suitable action immediately and investigate the matter. During the course of investigation, thestatements of all necessary witnesses, including Mr. Dhanik Lal and members of the petitionerorganisation, who was present at that time, shall be recorded. The video clips shown in the Court shall alsobe handed-over to the Delhi Police for investigation. After completion of investigation, the police shall takenecessary action and file the report before the concerned Magistrate in accordance with law.

Inquiry into complaints of NMV pliers

18. As far as the allegations of widespread and systematic illegal activities of some sections of theMCD is concerned, this Court is of the opinion that the same cannot be left at that and that some enquiryis necessary. Since these complaints have arisen in tlhe course of contempt proceedings filed by the writpetitioners seeking implementation of the judgment which had declared illegal the confiscation andimpounding of cycle rickshaws, they assumes seriousness.

19. To enquire into these allegations by NMV owners and/or pliers, the Court appoints Mr. BharatBhushan, a retired Additional District Judge as Enquiry Officer (EO). The District Judge-in-charge, SaketCourts is here by requested to make available to the EO any appropriate space in the Saket District CourtsComplex to facilitate the enquiry. The scope of the enquiry will be to examine the veracity of thecomplaints made by the NMV owner/pliers of harassment and violation of the Court’s judgment andorders, identify and fix responsibility on the concerned officials of the MCD, the Delhi Police and anyother agency involved, and to suggest measures to bring about effective enforcement of the Court’sdirections issued from time to time.

20. It is clarified that the incident involving Mr. Dhanik Lal, including the complaint made by himto the P.S. Rohini South and the complaint against him and the members of the Petitioner organisation in

[ 141 (N) ]

the Keshavpuram P.S. will not form part of the enquiry by the EO as that would be investigated separatelyby the police.

21. A complete set of the contempt petition paperbook including the pleadings shall be provided tothe EO by the Registry within two weeks. The EO shall examine the complaints by the other NMVowners/pliers some of whom have already filed affidavits in these proceedings. The EO shall have publicnotices issued, at the cost of the MCD, about the enquiry proceedings and grant two weeks’ time for thefiling of further complaints/affidavits by NMV owners/pliers and a further period of two weeks for repliesthereto by the concerned agencies. The EO shall be free to record the statements of all the relevantwitnesses and take on record the necessary documents. The MCD, Delhi Police and other agencies andthe Petitioner organisations shall extend their full cooperation to the EO in the enquiry. The EO shall befree to inspect any sitest take photographs and record videos of places and depositions of persons on oathas deemed necessary.

22. The remuneration payable to the Enquiry Officer shall be Rs. 2,00,000/- to be shared equallyby the Govt. of NCT of Delhi, the MCD and the Delhi Police. 50% of the fee shall be paid to the EOwithin four weeks and the balance on the conclusion of the enquiry. The MCD and the Delhi Police shallarrange for the transport for the EO. While minimal infrastructural support in terms of staff and facilitiesshall be provided by the District Judge, Saket, the Delhi Police and the MCD will share equally theexpense of the secretarial and other staff as may be engaged by the EO. In case any clarification isrequired in this regard, the EO and the parties are at liberty to apply to the Court. The EO shall devise hisown procedure and furnish a report within a period of four months from today.

Directions to the DLSA

23. This Court is further of the opinion that there is a need to put in place an effective legalredressal mechanism for the NMV owners/pliers who may face harassment. The Court has had thebenefit of the suggestions of Ms. Asha Menon, Secretary Delhi Legal Services Authority (DLSA) towhom notice was issued on the previous date. She informs the Curt that the DLSA has trained para legalvolunteers whose services could be utilized in conjunction with the panel lawyers of the DLSA. The paralegals can be contacted through the Samajik Suvidha Kendras (SSK)—a community based programme ofthe Govt. of NCT of Delhi—which has a wide network of centres in the NCT of Delhi. The DLSA willissue suitable instructions to the para legal volunteers at the SSK centres to extend assistance to an NMVowner/plier who has a complaint to register with the police. The para legal attached to an SSK will contactthe panel lawyer of the DLSA or the nearest District Legal Services Committee and assist in the owner/plier lodging his complaint with the police and help him follow up the complaint. If there is inaction by thepolice, or it is otherwise felt necessary, legal assistance will be provided to the NMV owner/plier toinstitute proceedings under Sections 156(3) or 200 Cr.PC. The Petitioner organisations will coordinate withthe DLSA in giving adequate publicity to the above scheme of legal assistance among the NMV owners/pliers.

24. List on 27th July, 2012 at 3 p.m.

25. Order dasti to the parties under the signatures of the Court Master. A certified copy of thisorder be delivered forthwith to Mr. Bharat Bhushan, retired ADJ, the District Judge-in-charge, SaketCourts Complex.

S. RAVINDRA BHAT(JUDGE)

S. MURALIDHAR(JUDGE)

JUNE 2, 2012‘ajk’

[ 142 (N) ]

ANNEXURE ‘A’

Copy of Resolution No. 217 of the Ordinary December (1997) Meeting of the Corporationheld on 1-12-1997

ANNEXURE ‘I’

Item No. 4 :— policy regarding Cycle Rickshaws in Delhi.

(i) Commissioner’s letter No. V.O./3929/C&C dated 15-10-1997.

A Special Meeting was held on 19-5-1997 under the Chairmanship of Chairman, StandingCommittee to look into matter with regard to the problem of cycle rickshaws. This meeting was attendedby all the Deputy Municipal Commissioners, Chairmen of the Wards Committees and Members of theStanding Committee.

2. A Sub-Committee was accordingly constituted under the Chairmanship of Deputy Chairman,Standing Committee to look into all the aspects of the matter. The following were memebers of theSub-Committee :—

1. Dr. Narender Nath, Member

2. Smt. Satya Sharma, Member

3. Sh. Vijay Pal Singh, Member

4. Sh. Ved Prakash, Member

The recommendations/suggestions of the Sub-Committee are placed at Annexure ‘A’.

3. The case may, therefore, be placed before the Standing Committee for taking a policy decisionin the matter.

ANNEXURE ‘A’

Subject :— Policy regarding Cycle Rickshaws in Delhi.

After framing Cycle Rickshaw Bye-laws, 1960, policy decision have been taken from time totime with regard to licensing of cycle rickshaws and their implementation. In the year 1993, CycleRickshaw Bye-laws were amended vide Corporation Resolution No. 3210/GW/Corpn. dated 14-9-93 andNo. 3432/GW/Corpon. dated 1-12-1993 and the following categories were inroduced for the grant oncycle rickshaw hcence. The annual fee charged is also shown against cash of the categories :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. No. Type of Licences/Categories Amount Fee (Rs.)––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Owner-cum-Puller (in case of single owner) 25.00

2. Joint Owner-cum-Puller (maximum three persons 20.00 from each licenceon single cycle rickshaw)

3. Drivers or Pullers of cycle rickshaw and not owner thereof 25.00

4. Cycle Rickshaw licence fee from owners, whoare not himself the puller

5. Widow and Handicapped 25.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

[ 143 (N) ]

2. It was also decided that 50,000 cycle rickshaw licences be granted in the jurisdiction of theMCD and their Zone-wise break-up along with colour scheme is as under :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. No. Name of the Zone No. of licences Colour Scheme––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Shahdara (South) Zone 9000 Yellow2. Shahdara (North) Zone 9000 Pink3. City Zone 4000 Violet4. Karol Bagh Zone 1000 Blue5. West Zone 7000 Red6. Najafgarh Zone 4000 Light Grey7. Narela Zone 4000 Indigo8. South Zone 1000 Orange9. Central Zone 1000 White

10. Civil Lines Zone 5000 Green11. Rohini Zone 4000 Cream12. Sadar Paharganj Zone 1000 Black

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. To deal effectively with the cycle rickshaw problem, Standing Committee discussed thismatter in its Special Meeting held on 19-5-1977 under the charimanship of Chairman/Standing Committee,which was attended by Chairmen/Ward Committees and all the DMCs and accordingly Chariman/Standing Committee constituted a Sub-Committee under the chairmanship of the undersigned to look intoall the aspects of the matter. Accordingly, the meeting of the Sub-Committee was held on 10-7-97 and allthe points discussed in the Special Meeting of the Standing Committee were sent to the Zones to sendtheir recommendations/suggestions, after consulting with their Chairman/Ward Committees and thereports/recommendations received from the Zones are placed opposite in the file.

4. The recommendations/suggestions made by the Chairmen/Ward Committees and afterdiscussing/considering all the points with the Members of the Sub-Committee, Councillors, Sub-Committeegives the following recommendations to the Chariman/Standing Committee for taking a policy decision :—

1. One Model of cycle rickshaw be not prepared in accordance with the specifications of theBye laws and be kept/displayed at Town Hall.

2. 100% licences be increased in each zone except South Zone.

3. Number plates be fixed on the back of the licensed cycle rickshaw to whom licences aregranted, indicating therein the cycle rickshaw frame number, Hcences number along withthe year for which cycle rickshaws have been passed and the size of the plate should be12'' x 6'' which may be quite visible. The cost of the Polaroid licences as well as thenumber plate, which will be fixed on the back of the cycle rickshaw will be have to beborne by the licencee.

4. Old licencees will apply afresh for grant of cycle rickshaw licences and old licencees willbe given preference.

5. Licencees of owners will be issued only on production of Ration Card and LicensingAuthority will make an entry to this effect in the Ration Card.

6. Puller will keep the original puller licence and also photocopy of the cycle rickshawlicence of the owner/widow/handicapped while pulling the cycle rickshaw.

[ 144 (N) ]

7. Licensed cycle rickshaw of owner-puller can be plier either by the owner-puller himself orby a licensed puller.

8. Licence fee cycle rickshaw as well as cycle rickshaw trolley be charged @ Rs. 50/- perannum.

9. DMCs can recommend, in consultation with the Chairmen/Ward Committee to the TrafficPolice for Notification/Identification of the picking-up/haulting places for cycle rickshaws.

Sd/-

(MRS. MEERA AGGARWAL)Chairperson of the Sub-Committee

(ii) Resolution No. 204 of the Standing Committee dated 22-10-97.

Resolved that it be recommended to the Corporation that the recommendations/suggestions ofthe Sub-Committee placed at Annexure ‘A’ to Commissioner’s letter No. F. 33/V.O./3929/C&C dated15-10-97, regarding Cycle Rickshaws in Delhi, be approved.

Resolution No. 217 Resolved that as recommended by the Standing Committee vide its ResolutionNo. 204 dated 22-10-97, recommendations/suggestions of the Sub-Committee placedat Annexure ‘A’ to Commissioner’s letter No. F. 33/V.O./3929/C&C dated 15-10-97,regarding Cycle Rickshaws in Delhi, be approved.

ANNEXURE ‘C’

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM No. 18051 of 2012 in W.P.(C) 4572 of 2007

MANUSHI SANGATHAN, DELHI ........... Petitioner

Versus

GOVT. OF DELHI AND ORS. ...... Respondents

Appearance :—Ms.Indira Unninayar with Mr. Narayan Krishan,Advocates for Petitioners in WP (C) 4572 of 2007.Mr. Najmi Waziri,.Standing Counsel with Mr. Rajiv Nanda,Addl. Standing Counsel, for GNCTD & Delhi Police.Ms. Madhu Tewatia, Advocate for MCD/Applicant in CM 18051 of2012 with Ms. Sidhi Arora, Advocate.

CORAM :

HON’BLE MR. JUSTICE S. RAVINDRA BHAT

HON’BLE DR. JUSTICE S. MURALIDHAR

JUDGMENT7-12-2012

CM No. 18051 of 2012 (for modification of order dated 2nd June, 2012 filed on behalf of theRespondent/MCD)

Background :

1. This is an application filed by Municipal Corporation of Delhi (MCD) seeking modification ofthe directions contained in paras 8 and 9 of the order passed by this Court on 2nd June, 2012.

[ 145 (N) ]

2. The background to this application is that in the judgment dated 10th February, 2010 of the FullBench of this Court in Manushi Sangathan, Delhi v. Government of Delhi 168 (2010) DLT 168 (herein-after ‘the Full Bench judgment’) this Court had inter alia held that under owner-plier policy and Bye-law3(1) of the Delhi Municipal Corporation Cycle Rickshaw Bye-laws 1960 (‘Cycle Rickshaw Bye-laws’)were arbitrary and void, and accordingly quashed them. Further, Clauses 4(k) and (1) of the MCD’s policyof 2007 and also Bye-laws 17(b) and 17-A of the Cycle Rickshaw Bye-laws to the extent they permittedconfiscation and scrapping of cycle rickshaws and mandated a continuing offence, prescribing specificsanctions, were held to be without authority of law and contrary to the Delhi Municipal Corporation Act1957 (‘DMC Act’).

3. Detailed directions were issued by the Full Bench to constitute a special task force to inter aliaexplore all the questions pertaining to road traffic in Delhi, for “ensuring equitable access to all classes ofvehicles that ply on the roads including non-motorized transport such as bicycles and cycle rickshaws.”The task force was asked to “review all aspects pertaining to traffic flow, registration of vehicles,restrictions in respect of vehicular movement (of all classes of vehicles—heavy, light, private, non-motorized) which would include review and consideration of all existing policies, and regulatory measuresand make such recommendations, as would promote the objectives of ensuring equitable access to allkinds of vehicles, minimizing harmful impact on the environment, smoothening the flow of traffic, and atthe same time accommodate the concerns of all interests”, By way of a continuing’ mandamus the FullBench directed listing of the petitions for monitoring the progress of implementation of its directionsperiodically.

4. Thereafter, during the hearing of these petitions the minutes of the meetings of the task forcewere placed for consideration. In the meanwhile, in S.L.P. (Civil) No. 19960 of 2010 filed by MCD againstthe Full Bench judgment, an order was passed by the Supreme Court on 8th November, 2011 noting that ithad already rejected MCD’s prayer for interim relief and requesting “the High Court to continue toeffectively monitor the implementation of the directions contained in the impugned order.” It must also benoted that the Supreme Court ultimately dismissed MCD’s said SLP on 2nd April, 2012.

5. Pursuant to the directions issued by the Court, Government of National Capital, Territory ofDelhi (‘GNCTD’) commenced a pilot project on the Dr. Shyama Prasad Mukherji Marg (‘SPM Marg’).Presentations were made before the Court by the Unified Traffic and Transportation Infrastructure(Planning and Engineering) Centre (‘UITIPEC’), an agency of Delhi Development Authority (‘DDA ‘), onthe basis of its Street Design Guidelines.

6. On 23M December, 2011, after reviewing the progress of the steps taken for executing thepilot project on SPM Marg, this Court noted that a separate lane bad been earmarked for the passage ofnon-motorized vehicles (‘NMVs’) and issued directions for deployment of Marshals by MCD incoordination with the Delhi Traffic Police. In its order dated 23rd December, 2011, this Court directedinter, alia as under :—

“(iv) The MCD shall submit a comprehensive ‘without prejudice’ plan for registration andlicensing of all existing cycle rickshaws in Delhi. The Court was informed that there areapproximately more than 600,000 cycle rickshaws plying within the city of Delhi. No freshlicence has been issued after 2007. The plan shall include all the material elements suchas the zones where the licensing officials can be posted, the appropriate license/registration fee to be collected and time within which the plan can be implemented.Counsel for the Petitioner agree that this would assist in ascertaining the number of cyclerickshaws plying and locating them zone-wise.”

[ 146 (N) ]

7. On the next date, 13th January, 2012, this Court after hearing learned counsel for thePetitioner as well as MCD issued inter alia the following directions regarding registration and licensing ofcycle rickshaws :

“The status report of the MCD reveals that by a Circular dated 2-1-2012, a scheme forthe registration/licenses of the cycle rickshaws throughout the city of Delhi has beenmade operational. The main judgment dated 10-2-2010 of this Court has held the owner-plier policy as well as the ceiling on registration and licensing of the cycle rickshaws areviolative of the DMC Act as well as provisions of the Constitution.

It would, therefore, be more appropriate that the MCD spells out in clearer terms thecriteria for registration of cycle rickshaws. We are informed that the MCD, the GNCTDand other authorities have proposed a draft legislation for the registration of cycle rick-shaw. Since MCD has agreed to it in principle, we commend it for implementation as aninterim measure till a final decision is taken in consultation with all the concerned partiesor a suitable legislative ftamework is brought in place. It is clarified that this Court did notintend to rise the terms ‘registration’ and ‘licensing’ interchangeably. While registrationwould pertain to the vehicle i.e. cycle rickshaw, license would be issued to the cyclerickshaw puller. The MCD will bear this in mind while Spelling out the policy and criteriafor registration and licensing. This be done in consultation with the authorities concerned.The petitioners will be free to offer their suggestions in this regard to the MCD which willtake them into account while formulating the policy and criteria for registration andlicensing.”

8. At the hearing on 2nd March, 2012 the following order was passed in relation to thecircular that had been issued by MCD on 14th February, 2011regarding registration and licensing of cyclerickshaws :—

“During the course of hearing, it was suggested by counsel for the parties that a jointinspection of the site would be carried out to identify any further obstructions or bottlenecks in the smoothoperation of the pilot project.

We are informed that MCD intends to issue license-cum-registration forms, for thepurpose of registration and licensing of cycle rickshaws. The petitioners have expressed seriousreservation on this score and contended that some of the information sought is irrelevant and objectionable.It is also contended that the policy of registration and annual licensing is contrary to the judgment of theFull Bench.

Having considered the Circular dated 14-2-2011, we are of the opinion that the MCD shouldnot proceed with its proposal till the next date of hearing.

List on 23rd March, 2012.”

[ 147 (N) ]

The June 2nd Order

9. The GNCTD convened meetings of the concerned agencies in which the Delhi Traffic Police,UTTIPEC, MCD and other authorities participated. On 2nd June, 2012, this Court passed a detailed orderon the issue of registration and licensing of cycle rickshaw pliers. Paras 8 and 9 of the said, order asunder :—

“Registration of cycle rickshaws

8. After hearing all the parties, the Court is of the opinion that the MCD should with utmostexpedition start registering cycle rickshaws plying in the city. For this purpose, the formproposed by the MCD on the record (at page 1184 of the paperbook shall be utilized withcertain modifications, suggested hereafter. The form which will be titled “Application forRegistration of NMV” will be made available free of charge and also placed on theinternet so that it can be downloaded and printed. Also, sufficient number of copies shallbe made available by the MCD at its Citizen Service Bureau (CSB) counters registrationcounters. The MCD should make adequate arrangements for the digital photographs andthe recording of index fmgerprint of the applicants as is done in the case of applicants forMV licences. Proof of residence should not be insisted upon, having regard to theeconomic strata of the applicants and also the fact that most of them may not possess anyproof of residence. The MCD shall also not insist upon the proof of purchase of cyclerickshaw, having regard to the fact that in many cases, these are assembled and receiptswould be hard to come by. Insistence on document is irrelevant. Ms. Tewatia, learnedcounsel for the MCD has assured that the registration certificate in respect of the cyclerickshaw would be issued within two days of the duly filled form being submitted.

Licence for cycle rickshaw pliers

9. So far as the application by the cycle rickshaw plier for licence, the form suggested by theMCD at page 1182 of the pleadings shall fonn the basis. However, as in the case of theapplication for registration of NMVs, furnishing of proof of residence shall not be insistedupon and the form shall be provided free of charge. Information regarding experience ofdriving a cycle rickshaw, knowledge of the traffic rules and about any disease that theapplicant is suffering from are irrelevant and should not be insisted upon. Here too, theMCD assures the Court that license would be issued within two days, of the applicationbeing launched. As fat as the insistence by the MCD of the disclosure as to whether anapplicant has been convicted for any offence is concerned, the Court notices that this, isbased on a previous understanding of the Bye-laws which were framed in 1960. TheCourt is of the opinion that there is some inherent bias against those who apply for cyclerickshaw registration or licence. The information that is sought from those who apply forMVlicences in terms of Rule 14 of the Motor Vehicles Rules is about previous convictionunder the Motor Vehicles Act, 1988 but not generally about all convictions. In thesecircumstances, calling for these particulars from an applicant for a cycle rickshaw licenceis not relevant and should not be insisted upon.”

10. Further, as regards the redrawing of the forms for the said purpose, this Court directed inpara 13 as under :—

“Redrawing of the forms

13. The form of the application for registration of NMVs as well as the form for applicationfor licence shall be redrawn on the above basis and placed before the court by the MCDon the next date. The inputs provided and the forms suggested by the Petitioner may alsobe taken into consideration by the MCD for this purpose. The forms will indicate what thefees to be collected for registration, licence and parking. They will contain instructions tothe applicants to facilitate quick processing of the applications. The forms will be rolledout after approval by the Courts.”

[ 148 (N) ]

11. Thereafter, there. were hearings of the petitions on 13th July, 27th July and 13th August, 2012.On 28th September 2012, the following directions were issued as regards registration and licensing ofNMVs:

“Registration and Licensing of NMV’s

Further to the order dated 2-6-2012, and the subsequent orders, this Court has beenshown by learned counsel for the MCD two forms—one for the registration of therickshaws and the other for issuance of licence to the NMV plier/owner.

This Court is of the view that MCD should commence the process of registration andissuance of licences as early as possible preferably from 1-11-2012. While, finalizing thefonns shown by it to the Court today, the MCD will consider the suggestions given by thepetitioners at pages 1600-1605 of the paper book (as part of the written submissions) and’in particular, those concerning the instructions to be printed on the reverse of the forms.These instructions will also be prominently publicized for the benefit of the proposedapplicants. It is clarified that the basic instructions should be in place when the process ofregistration begins.”

12. There were hearings held on 12th and 18th October, 2012. The present application was filedby MCD on 10th October, 2012 praying that paras 8 and 9 of the order dated 2nd June, 2012 (extractedhereinabove) should be modified.

The two issues in this application

13. There are two issues raised in this application. One is that the requirement of production of IDproof/residence proof by cycle rickshaw pliers for the purposes of registration or licensing should not bedispensed with keeping in view the security concerns and the possibility of an ‘untoward incident’. Thesecond is that there are separate Bye-laws made by the MCD in 1960 for thelas (hereinafter the ‘ThelaBye Laws’) which are in force and which were not the subject matter of challenge before the Full Bench.Under Bye-law 4 of the Thela Bye-laws, the requirement of a thela licence is mandatory. The said licenceis issued annually and is valid for a period of one year. MCD submits that inasmuch as the forms nowproposed stipulate the period of validity of thela licences and registration certificates as three years andfive years respectively, they are in contravention of Bye laws 4 and 8 of the Thela Bye-Laws.

14. In the reply filed by Manushi Sangathan it is pointed out that demand of residence proof fromrickshaw pliers for the purpose of issuance of a rickshaw puller licence is not feasible as rickshaw pliersare predominantly migrant labour who do not have the resources to either buy a rickshaw or rent anaccommodation. It is pointed out that they invariably sleep on the roadside or in their rickshaws or in cheaplow-rental accommodation in the jhuggi clusters. It is difficult for them to obtain an address proof. Further,the authorities can easily contaet the owner of the rickshaw for the whereabouts of the plier. As regardsthe Theta Bye-laws it is submitted that the definition of ‘rickshaw’ in the draft Delhi Non-MotorizedVehicles Bill, 2011 includes passenger rickshaw pulled by a cycle with three pneumatic cycle wheelspropelled with a chain and pedal, trolley rickshaw, hand pulled thetas or cycle-pulled mobile carts used forpublic transport or goods carriage. Under the Cycle Rickshaw Bye Laws, a cycle rickshaw is expected tocarry luggage up to 125 kgs. The stand of the Petitioners is that since a thela is simply defined as a vehiclefor the conveyance of goods pulled or propelled by one or more men, the order dated 2nd June, 2012 doesnot require to be modified or clarified.

[ 149 (N) ]

Requirement of residence proof

15. The first issue raised in this application concerns the requirement of a rickshaw puller havingto furnish proof of residence. This is purportedly based on security concerns and the possibility of an‘untoward’ incident. The Full Bench judgment recognized the right to livelihood of rickshaw pullers. Theuse of some of the provisions of the Cycle Rickshaw Bye-laws as an instrument of harassment of therickshaw pullers was adversely, commented upon. The Full Bench acknowledged that rickshaw pullersbelong to economically weaker sections of the society and have to invariably bear the brunt of policeexcesses as they constitute ‘soft’ targets. Rickshaw pullers by themselves can hardly constitute a securityrisk. The Full Bench observed that the power to impound cycle rickshaws and levy. heavy penalties did notinclude the power to seize, confiscate and destroy cycle rickshaw. The Full Bench noted: “we are notunmindful or the manner in which these wide powers were being exercised with cycle rickshaws beingeasy targets for unleashing the lathi of a traffic policeman. It is hoped that the Delhi Police will, consistentwith this judgment, instruct its personnel to treat rickshaw pullers with sensitivity.”

16. At the same time, as noted in the Full Bench judgment, rickshaws are indispensable forproviding link transport for the innumerable users of the public transportation system. Given theunprecedented growth of residential colonies, a large middle class population which commutes by buses,trains and the metro, is dependent on cycle rickshaws for the further journey to reach their homes andplaces of work from the bus, train and metro stations. In recognition of this fact, the Master Plan for Delhi2021 mandates pervasive use of non-motorised transport including cycle rickshaws.

17. The directions issued by the Full Bench in the above context were aimed at making it easy forrickshaw pullers to ply their vehicles and carry on their livelihood without fear of police harassment. It is insame vein that this Court required MCD to place before it a comprehensive registration and licensingpolicy. Forms were asked to be designed to facilitate easy registration of rickshaws and licensing of therickshaw pullers.

18. The insistence by the MCD on a rickshaw puller having to furnish proof of residence cannotbe justified if it is not proportionate to the need to ensure ‘security’ and ‘safety’ of the populace whichincludes the rickshaw pullers themselves. The said requirement would be unreasonable if it renderedillusory the protection and enforcement of the right to livelihood of rickshaw pullers.

19. At the hearing on 2nd June, 2012 there was discussion in Court about the requirement of proofof residence. The fact that many rickshaw pullers are migrants from other states and are unlikely to haveany proof of their residence in Delhi was taken note of Rickshaw pullers invariably would, if at all, have apermanent residence outside Delhi. It is not unlikely that rickshaw pullers are homeless, having to eithersleep on the rickshaw itself or use the city’s pavements for a night’s rest. The more fortunate ones may beable to find some space in a jhuggi cluster on a temporary basis. In the circumstances, the insistence onproof of residence from rickshaw pliers as a condition for the grant of registration or licence wouldundoubtedly cause them further harassment and create a barrier for them to obtain either.

20. Also, the rationale for the requirement of proof of residence as a security measure is that therickshaw puller should be easily located and the details of his residence verifiable. The proposed formsrequire the furnishing by the rickshaw puller of both his temporary as well as permanent address.Rickshaw pullers literally and figuratively live their lives in the ‘open’. It is not difficult for the police, if itmakes a concerted effort, to trace any rickshaw puller. The owner of the rickshaw can easiiy provide thecurrent whereabouts of the rickshaw puller.

21. For the foregoing reasons this Court rejects the prayer of the MCD that paras 8 and 9 of theorder dated 2nd June, 2012 should be modified insofar as they dispense with the requirement of applicantsfor registration of cycle rickshaws and for licensees having to furnish proof of residence.

[ 150 (N) ]

Thela Bye-laws

22. The MCD is, however, correct in its submission that there is a separate set of Bye-laws forthelas. The Thela Bye-laws were not brought to the notice of the Full Bench or even to this Court till thepresent application was filed by MCD. Why the MCD did not do so earlier is not clear.

23. The Cycle-Rickshaw Bye-laws defines a cycle-rickshaw as “a rickshaw attached to a cyclewith three pneumatic cycle wheels which is propelled with a chain and pendal in the manner of a bicycle”.Bye-law 4 sets out the dimensions of the cycle-rickshaw. Bye law 9 prescribes the “maximum number ofpersons and weight to be carried in cycle rickshaw”. A cycle-rickshaw is permitted to carry a load of 3½maunds i.e. up to 125 kgs, even when there is no passenger.

24. On the other hand, the definition of a thela under the Thela Bye-laws is “a vehicle for theconveyance of goods pulled or propelled by one or more men.” The condition for grant of licence isspecified in Bye-law 4 and the conditions of licence in Bye-law 8. The maximum load that can be carriedin a thela is 466 kgs. The Thela Bye-laws do, therefore, prescribe a separate regime for registration andlicensing of thelas. While the broad categorization of an NMV would include thelas, the Court has, in theseproceedings been concerned with the registration and licensing of cycle rickshaws as defined under theCycle-Rickshaw Bye-laws.

25. Consequently, this Court modifies its order dated 2nd June, 2012 and clarifies that the formsfor registration and licensing, as prescribed by MCD, in terms of the said order would apply to registrationand licensing only of cycle rickshaws as defined by the Cycle-Rickshaw Bye-laws.

26. CM No. 18051 of 2012 is disposed of in the above terms.

S. MURALIDHAR, J.

S. RAVINDRA BHAT, J.

DECEMBER 7th, 2012AK

NEW CASES

Item No. 78 :— Re-designation of the post of CA-cum-FA as Addl. Commissioner(Finance, Accounts and Planning).

Commissioner’s letter No. F. 33/CED/NDMC/428/C&C dated 11-1-2013.

As per Section 89(1) of the DMC Act, 1957, the appointment of a Municipal ChiefAccountant is a statutory requirement for the MCD. Over a period of time many changes have takenplace in the organization and functions of finance and accounts departments in the Government of India,which have been implemented in all Central Ministries in a phased manner. These reforms, implementedwith effect from April 1, 1976 as part of Departmentalization of Accounts, are aimed to bring about moreprofessional management of finance and accounting functions in the government.

With increasing delegation of powers to urban local bodies after 74th ConstitutionalAmendment in 1992 and subsequent decentralization in governance, it has become important that the

[ 151 (N) ]

finance and accounts system of the MCD is also restructured on professional lines keeping in view thealready existing structure of financial advice and accounting system in the ministries and other reforms.The complexities involved in financial management process, including budgeting, planning, procurement,monitoring and control of expenditure, revenue management, fiscal discipline and robust accounting systemhave increased manifold and need a specialized and integrated approach. After delegation of financialpowers in the ministries the officers are also designated as either Additional Secretary or Joint Secretaryand Financial Advisor depending upon their pay scale and seniority. The pay scale & seniority ofCA-cum-FA is Senior Administrative Grade which is also the pay scale of Joint Secretary. There is nochange in the pay structure of the post and, therefore, there will be no extra expenditure. The Departmentwas renamed as Department of Finance, Accounts & Planning vide O.O. No. PS/Secy./UD/2012/Pt.-1/502-08 dated 19-4-2012 issued under the signature of Director Local Bodies.

“The matter may be placed before the Corporation through Standing Committee for approvalof the following :—

1. The designation of Chief Accountant in North Delhi Municipal Corporation may be changedto Additional Commissioner (Finance, Accounts and Planning). The officer will beresponsible for Financial and Fiscal Management, Planning and Control, Accounting,Budgeting, financial advice and accounting system.

2. The Additional Commissioner (Finance, Accounts and Planning will be responsible forimplementing the reforms and Finance Advise system.

3. The Additional Commissioner (Finance, Accounts and Planning) will be responsible fortraining and development of finance and Accounts cadre of the MCD.

4. The Additional Commissioner (Finance, Accounts & Planning)) will perform any otherfunctions assigned to him/her by the competent authority.

Item No. 79 :— Upgradation/Strengthening of Pediatrics Department of KasturbaHospital.


Kasturba Hospital is one of the oldest women’s and children’s hospital of the North MunicipalCorporation of Delhi situated in the Jama Masjid area. It caters to the poorest population of the walled cityand adjoining Trans-Yamuna Area which are Muslim Minority inhabited areas.

In accordance with National Rural Health Mission and also to implement the Prime Minister’s15 points programme for the welfare of the minorities and to improve the access and availability of qualityof health care especially in the Urban Slums, JJ Colonies and Muslim Minority areas, upgradation &strengthening of the Pediatric department is essential.

The department of pediatrics, Kasturba Hospital takes care of more than 12000 newbornsdelivered at Kasturba Hospital every year. This department also takes care of a large number of Patientsattending OPD Services and those admitted for serious and critical conditions. It also runs a thalassemiaday care centre. In order to reduce the mortality & morbidity in neonates & children, HDU in Pediatricdepartment is urgently required. Hence 04 additional posts of Senior Residents and 2 posts of ICUTechnicians are to be created urgently.

The proposal has been examined and recommended by O & M Department.

[ 152 (N) ]

The details for expenditure for these posts will be as under : —

Senior Residents :

Pay Scale Gross Annual

Rs. 15600-39100 + 6100 Rs. 52,000/- Rs. 6,24,000.00

Total Expenditure for 04 S. R(s). Rs. 24,96,000.00

ICU Technicians :

Rs. 5200-20200 Rs. 15,000/- Rs. 1,80,000.00

Total Expenditure for 02 ICU Tech. Rs. 3,60,000.00

Grand Total Expenditure (i.e.(a) & (b) ) i.e.

Rs. 24,96,000.00 + Rs. 3,60,000.00= Rs. 28,56,000.00

(Rs. twenty eight lacs fifty six thousand only).

Budget provision exists under Plan Head of A/C XL-IV-C-(b)-III and proposal is coveredunder Action Plan 2012-2013.

Finance has concurred in the proposal.

The matter may be placed before North Delhi Municipal Corporation through StandingCommittee North Delhi Municipal Corporation for creation of the four(4) posts of Senior Residents andTwo(2) Post for ICU Technician.

Item No. 80 :— Administrative Approval & Expenditure Sanction for distribution ofuniform subsidy Rs. 500/- cash for uniform items to each child enrolled inClass-I to V studying in North Delhi Municipal Schools in the financialyear 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/284/C&C dated 21-11-2012.

Primary Education is an obligatory function of the Corporation under Section 42(r) of DMCAct, 1957. The aim of Education Department of MCD is to bring every child, in age group of 5 + to11 years, to school. The National Policy on Education, 1986 (Revised and enlarged in 1992) also laysemphasis on attaining the objective of Universal enrolment and retention of children and improvement inthe quality of Education in schools.

In order to motivate out-of-school children to get enrolled and also to retain them in the formalschooling system, the department has introduced several welfare schemes for the children studying in themunicipal schools. One such welfare scheme relates to provision of cash subsidy for Uniform Cloth(Suiting and Shirting), PVC Sole Shoes, Nylon Plain Socks & Jersey (Acrylic-Navy Blue Colour) to allchildren studying in municipal primary schools of North Delhi Municipal Corporation. As the childrencoming to municipal schools are predominantly from low socio-economic strata, such welfare schemesplaya very positive role in improving enrollment of children, retention and bringing down the drop-out rateof students in municipal schools.

[ 153 (N) ]

The provision of funds for uniform subsidy @ Rs. 500/- in cash has been made by MHRDthrough Govt. of NCT of Delhi to be disbursed to the parents of the children for school Uniform (Suitingand Shirting), PVC Sole Shoes, Nylon Plain Socks & Jersey (Acrylic-Navy Blue Colour).

The department proposes to provide cash subsidy @ Rs. 500/- per child for uniform to all thestudents studying in the primary schools of North Delhi Municipal Corporation in the Classes-I to V for thecurrent financial year on analogy with the policy of cash subsidy for uniform adopted by the Dte. ofEducation, Govt. of NCT of Delhi for students studying in the schools of Dte. of Education.

The disbursement of the subsidy is to be done by the zonal authority out of Plan funds to beallocated to each zone on the basis of the enrolment of students in municipal schools as on 31-8-2011.Zone wise enrolment of children as on 31-8-2011 and allocation of funds is proposed as hereunder :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Zone Total No. of Zone-wiseNo. students from allocation of

Class-I to V amount (in Rs.)––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. City 9288 46,44,000/-

2. S.P. 13845 69,22,500/-

3. Karol Bagh 43650 2,18,25,000/-

4. Civil Line 108680 5,43,40,000/-

5. Narela 72848 3,64,24,000/-

6. Rohini 133470 6,67,35,000/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total : 381781 19,08,90,500/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

The funds as proposed to be allocated above to the zonal DDEs/ADEs shall be disbursed bythem to the Heads of all schools for further disbursement to the parents of the students. Proper records ofdisbursement of the uniform subsidy shall be maintained by each of the heads of the schools. VidyalayaKalyan Samities shall be associated with the work of disbursement of cash subsidy to children in allschools. However, the disbursement of cash subsidy shall be provided in advance and shall be confined tothe actual number of children studying in each school at the time of disbursement.

There is a provision of funds for disbursement of uniform subsidy to the students of municipalschools under the Plan Head of Account XL-II-G-II for current financial year 2012-2013.

CA-cum-FA has seen and concurred in the proposal with the condition that the advancedrawn are adjusted within the stipulated time/period as per the conditions of GFR and that further advancewill not be made/provided to those zones up till they adjust the early advance drawn by them.

It is also pointed out that an anticipation approval of the Hon’ble Mayor routed throughChairman, Education Committee & Chairman, Standing Committee has already been obtained.Accordingly, funds have been allocated to zonal DDEs/ADEs for onwards distribution to the childrenenrolled in Classes-I to V in North DMC schools.

[ 154 (N) ]

It is, therefore, proposed that :

(a) Expenditure sanction of an amount of Rs. 19,08,90,500/- out of the Plan Head of A/cXL-II-G-II (2012-13) along with permission to draw the amount as an advance by thezonal Deputy/ Assistant Directors of Education through Zonal Dy. Chief Accountant/Asstt. Chief Accountant for disbursement to the students of municipal schools of NorthDelhi Municipal Corporation enrolled in Class-I to V may be accorded.

(b) To incur expenditure and to draw advance for an additional amount of 10% on account ofincrease in enrolment of children during the current academic session, if need arises.

The above proposal may be placed before the Corporation routed through the EducationCommittee & Standing Committee for Administrative Approval & Expenditure Sanction as per (a) & (b)above as an item of Urgent Business.


Resolved that it be recommended to the Corporation through the Standing Committee that asproposed in the Commissioner’s letter No. F. 33/Education/NDMC/284/C&C dated 21-11-2012 thatadministrative approval and expenditure sanction to Rs. 19,08,90,500/- as an advance under the plan Headof A/c XL-II-9-II (2012-2013) for distribution of uniform subsidy @ Rs. 500/- cash for uniforms items toeach child enrolled in Class-I to V studying in Schools of North Delhi Municipal Corporation during thefinancial year 2012-2013, be accorded. And also administrative approval and expenditure sanction to drawadvance for an additional amount of 10% on account of increase in enrolment of children during thecurrent academic session, if need arises, be accorded.

Item No. 81 :— Proposal for administrative approval and financial concurrence regardinggiving incentive of Rs. 200/- to each girl child of Classes-I to V studyingin North DMC Primary Schools during the year 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/310/C&C dated 29-11-2012.

The constitution of India provided fair opportunity to each and every citizen for growth anddevelopment irrespective of caste, creed, sex and religion. However, empirical evidence over a periodshows that fair sex could not keep pace with their counterpart in the field of education because of variousfactors attributable to it such as illiterate parents, social customs, superstitions, economic conditions etc.There have been unfortunately large drop-outs among girls, MCD has envisaged a holistic scheme byproviding financial support as an incentive to the girl student studying in MCD schools so that they aremotivated to continue schooling. For this purpose, an amount is earmarked in non plan Head of Account25/1028 for the year 2012-13.

In this connection, it is submitted that last year i.e. 2011-12 an amount of Rs. 9,37,12,200/-was allocated to 12 zones for distribution of girl child incentive @ Rs. 200/- to each girl child studying inMCD schools.

[ 155 (N) ]

Accordingly, an incentive of Rs. 200/- per girl child will be provided to all the girl studentsstudying in Class-I to V in North DMC(six zones) Schools in the year 2012-2013 as per data provided byplan branch as on 31-8-2011 is summarized below :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Name of Approx. No. of Student Amount @ Rs. 200/-No. Zone (from Class-I to V) per girl child

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––1. City 4330 8,66,000/-

2. S.P. Zone 6551 13,10,200/-

3. K.B. Zone 21236 42,47,200/-

4. Civil Line 55296 1,10,59,200/-

5. Narela 36291 72,58,200/-

6. Rohini 66954 1,33,90,800/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total 190658 3,81,31,600/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(Rs. three crore eighty one lacs thirty one thousand six hundred only).

It will be ensured that no double payment is made. In case of transfer of student from oneschool to another, Principals will be instructed accordingly to endorse the payment details on transfercertificate. Zonal DDE, s/ADE, s will draw the amount in advance through their respective DCAs/ACAsand disburse it to all girl students through Principals and Teachers working in the Schools. Proper record ofdistribution of funds shall be maintained by the schools. Signatures of the parents will also be taken whilegiving the amount to the girls. Expenditure will be incurred out of the Non Plan Head of Account 25/1028.The advance drawn will be got adjusted by the respective DDE, s/ADE, s within fixed period prescribed inGFR.

Finance has seen and concurred in the proposal.

The proposal for giving incentive of Rs. 200/- to each girl child of Classes-I to V studying inNorth DMC Primary Schools in year 2012-13 amounting to Rs. 3,81,31,600/- (Rs. three crore eightyone lacs thirty one thousand six hundred only), out of Non Plan Head of A/c 25/2008, may kindly beplaced before the Corporation routed through Education Committee and Standing Committee for approvalas an item of Urgent Business.


Resolved that it be recommended to the Corporation through the Standing Committee that asproposed in the Commissioner’s letter No. F. 33/Education/NDMC/310/C&C dated 29-11-2012 thatAdministarive approval amounting to Rs. 3,81,31,600/- out on non-plan Head of A/c 25-2008 for givingincentive of Rs. 200/- to each girl child of Classes-I to V studying in North Delhi Municipal CorporationPrimary Schools during the year 2012- 2013 on the terms and conditions mentioned in aforesaid letter, beaccorded.

[ 4 (N) ]

agency/successful bidder, issuance of work order, collection of the Security Amount, release of paymentafter execution of work and refund of Security Amount after successful completion of work etc. could betaken up by them. Each of the three corporations would place the preamble for above said actions as pertheir share of dual desks which is as follows :—

East Delhi Municipal Corporation :––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Zone Dual Desks TotalNo. —————————————

Small Size Big Size––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Shah. South 400 1900 2300

2. Shah. North 3400 5600 9000

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Total 3800 7500 11300

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Amount of each Dual Desk 1,455.00 1,686.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total Amount 55,29,000.00 1,26,45,000.00 1,81,74,000.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

South Delhi Municipal Corporation :

1 . Central 2000 3400 5400

2. South 2800 3000 5800

3. West 1100 2400 3500

4. Najafgarh 8600 8800 17400––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total 14500 17600 32100––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Amount of each Dual Desk 1,455.00 1,686.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total Amount 2,10,97,500.00 2,96,73,600.00 5,07,71,100.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

North Delhi Municipal Corporation :

1. S.P. 400 700 1100

2. Karol Bagh 1000 1200 2200

3. Civil Lines 4000 4500 8500

4. Rohini 3000 4600 7600

5. City 300 500 800

6. Narela 3000 3400 6400

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Total 11700 14900 26600

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––Amount of each Dual Desk 1,455.00 1,686.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total Amount 1,70,23,500.00 2,51,21,400.00 4,21,44,900.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART ‘C’

POSTPONED CASE

Item No. 2 :— Incorporation of Plot No. 19-B, Block-UA in the layout plan of Northern City Extn.,Scheme No. 1, Kamla Nagar, Jawahar Nagar.


1. Proposal :

The case of Plot No. 19-B, Block-UA, Jawahar Nagar has been submitted by Sh. VijayChand Jain for rectification in the approved layout plan of Northern City Extn. Scheme No. 1, KamlaNagar, Jawahar Nagar.

2. Area and Loacation :

The area of the plot is 183.33 sq. yards and the plot is bounded as per sale deed as under :—

North — Plot No.19-C, 20A.

South — Plot No.19-A owned by vendor.

East — MaIka Ganj Road.

West — Common Gali 15' wide.

3. Land Use :

The landuse of the plot in question is Residential as per the approved layout plan of NorthernCity Extn., Scheme No. 1, Kamla Nagar, Jawahar Nagar. However, as per the layout plan, the site underreference is sub-divided and on the layout plan only a single plot UA-19 is shown.

4. Background :

Earlier the Building Plan of the plot under reference i.e. 19-B, Jawahar Nagar was approvedby the erstwhile Delhi Municipal Committee in the year 1938 and 1944. Again in the year 2010, theapplicant Shri Vijay Chand Jain applied to the Building Deptt./HQ for sanction of building plan. TheBuilding Deptt./HQ rejected the application for sanction of building plan since in the approved layout planof Northern City Extn. Scheme No. 1, the site under reference is shown as single plot i.e. UA-19. Thesub-division of plot is not permissible as per MPD-2021. The Building Deptt./HQ rejected the applicationof building plan and communicated the same to the applicant on 22-12-10.

The applicant approached the ATM-MCD (Appeal No. 47/AT/MCD/2011) and the Hon’bleATM-MCD vide orders dated 13-2-12 passed an order, the relevant portion of which is reproduced asunder :—

“Accordingly, the present appeal is allowed. Impugned order of rejection ofsanctioned plan bearing No. 482/BHQ/2010/368/VI dated 22-12-2010 is set aside andquashed. MCD is directed to release the sanctioned plan of the property of theappellant bearing No. 19-B, Block No. UA, Jawahar Nagar, Delhi subject to fulfillmentof other requirements as per Building Bye-Laws within 15 days by treating it as aseparate independent plot”.

[ 2 (N) ]

As per the orders of the Hon’ble ATM-MCD the case was placed in the BPC by the BuildingDeptt./HQ and vide Item No. 18 dated 14-3-2012, it was decided to sanction the building plan subject torectification in the layout plan and accordingly the applicant shall apply to Town Planning Deptt. forrectification of the layout plan and the Town Planning Deptt. shall thereafter process the case as per thelaw and guidelines. It was also decided that an appeal be filed against the orders of AT-MCD.

5. Ownership :

The Building Department/HQ has sought the opinion of DLO (Engg.) on building file which isreproduced as under :—

“With regard to above I have gone through the photocopies of documents as placed in thefile. Froth the registered Sale Deed dated 17-2-1937 revealed that samshul Ulma SyedAhmed, Imam Shahi Masjid Delhi etc. sold the various lands including the land in questioni.e. Plot No. 19-B, Block-UA (183.33 Sq. yds) Jawahar Nagar, Subzi Mandi, Delhi to SethBeni Pershad Son of Seth Behari Lal and Lal Pratap Singh Son of Sh. Raghbir Singh inequal share. Lala Partap Singh given GPA dated 4-4-1938 in respect of said property toLala Nand Kishore Son of Lala Sukh Chand. They further sold it to Smt. Mehtab Devidaughter of Sheikh Dhonkal Chand vide registered Sale Deed dated 27-10-1938 and shefurther gifted it to Sh. Phool Chand Jain Son of Sh. Milap Chand Jain and Smt. ChameliDevi wife of Late Sh. Phool Chand Jain vide regd. Gift Deed dated 14-7-1956. Sh. PhoolChand Jain died intestate on 2-2-1997 and his Wife Smt. Chameli Devi Jain also diedintestate on dated 24-8-1980 leaving behind following legal heirs :—

1. Sh. Vijay Chand Jain—Son

2. Sh. Lakshmi Chand Jain—Son

3. Smt. Deep Mala Jain—Daughter

4. Smt. Gun Mala Navlakha—Daughter

The above Lrs No. 2 to 4 relinquished their respective shares in the said property in favour ofabove LRs no. vide regd. Relinquishment deed dated 29-7-1997. Now Sh. Vijay Chand Jain (applicant)has applied for sanction of plan in respect of said property in question.

“Keeping in view of the above, ownership of the applicant can be taken in order subject tofurnishing an Indemnity bond and Undertaking on an affidavit by the applicants that he isonly legal owner of the said plot in question and there is no other legal heirs”.

6. Site Report/ROW :

The A.E. (B) HQ has verified the site in question on the part layout plan. The existing widthof abutting roads i.e A-93’0" and B-15’0". As per the layout plan the width of road A is not mentioned. Asper the Zonal Development Plan (Zone C) of MPD-2021,the width is shown as 24 mt. The width of roadB is shown as 15' in the layout plan.

7. Observations :

(i) As per Clause 4.4.3(iv) of MPD-2021, the following is stated :—

“Sub-division of plots is not permitted. However, if there are more than one buildings inone residential plot, the sum of the built up area and ground coverage of all such buildings,shall not exceed the built up area and ground coverage permissible in that plot”.

(ii) The erstwhile Municipal Committee had earlier sanctioned the Building Plan of this plot inthe year 1938 and 1944. As per the comments of DLO (Engg.), the site under referencei.e. 19-B measuring 183.33 sq. yds has been existing since the year 1938.

[ 3 (N) ]

8. LOSC consideration :

The case was considered in LOSC on 3-8-12 and following decision was taken :—

The case was again discussed in view of the orders of the Hon’ble ATMCD dated 4-7-12.It was informed by the representatives of the Law Deptt. that an appeal has been filedand the previous advocate has been replaced with a new one. It was also informed that ifMCD does not release the building plan before 31-7-2012, it may become contempt of theHon’ble Court’s order dated 4-7-2012.

It was also observed that building plan sanction has already been accorded for the propertyunder reference on two occasions i.e. 1938 and 1944 i.e. before formation of the Corporation, thus,dividing the overall plot into three parts as the instant case is the middle part. This infers that theSub-division of the plot under reference was recognized by the Municipal Committee while grantingaforesaid sanctions. It was also observed that since the building plan of adjacent Plot No. 19-C -20A hasalready been sanctioned vide File No. 166/B/75 dated 26-12-1975 and completion certificate issued videFile No. 4CC/CL/78-79 dated 5-4-1978 and also sanction was granted for addition/alteration vide File No.1459/B/CLZ/88 dated 2-12-1988 by the Zonal Building Department. Although while referring to theLayout Plan available in the record of T.P. Department, this sub-division is not being reflected, yet thisSub-division being an existence prior to the formation of Corporation, the same needs to be acknowledgedin the Layout Plan.

It was also pointed out by the representatives of the Building Deptt. (HQ) that building planhas already been sanctioned by B.P.C on 16-3-2012. The decision of the BPC is reproduced as below :—

(a) The building plans of the Plot No. 19-B, UA, Jawahar Nagar is sanctioned, subject toother compliance as per BBLs, 1983 and compliances/corrections as per file. However,the building plan shall be released only after rectification in the layout plan.

(b) The applicant shall apply to Town Planning Deptt. for rectification in the layout plan andT.P. Deptt. shall thereafter process the case as per Law and guidelines on the subject.

(c) Appeal be filed against the orders of ATMCD bringing the above facts in the notice ofHon’ble Court.

The applicant has since made an application in the Town Planning Deptt. for incorporation ofsub-division of plot which is under process.

In view of order of Hon’ble ATMCD dated 4-7-2012 to avoid contempt proceedings andkeeping in view the fact that plans for the plot under reference were sanctioned by the authority earlier in1938 an in 1944, it has been decided that the aforesaid sub-division of the plot in question be taken in orderand hence the building plan so sanctioned by the BPC on 16-3-2012 in respect of Plot No. 19-B, JawaharNagar be released and the proposal of incorporation of the sub-division be placed before the StandingCommittee for its approval”.

9. Recommendations :

In view of above and as required u/s 313 of DMC Act (amended-to-date) Plot No. 19-BJawahar Nagar, New Delhi is placed before Standing Committee for incorporation in the Layout Plan ofNorthern City Extn. Scheme No. 1, Kamla Nagar Jawahar Nagar.

[ 4 (N) ]

NEW CASE

Item No. 4 :— Incorporation of Sub-division of Plot No. 2027-B/156, Ganesh Pura-A, Tri Nagar,New Delhi in the regularization plan of Tri Nagar Group of Colonies.


1. Proposal :

The Building case file of Plot No. 2027-B/156, Ganesh Pura-A, Tri Nagar, New Delhi assubmitted by Shri Virender Kumar Goyal, has been referred by the Building Deptt. (Civil Lines Zone) forcomments regarding town planning aspect. The plot under reference is a Sub-divided plot as per theregularization plan (occurring after 16-2-1977). Sub-division in regularized plan carried out prior to7-2-2007 are allowed as per notification dated 17-1-2011.

2. Area and Location :

The area of the sub-divided plot is 186 sq. yards (Out of 420 sq. yards) and the plot isbounded as under :—

North — 30'0" wide road

South — Others property

East — Gali No. 156

West — Remaining portion of said Property No. 2027-B

3. Land Use :

The landuse of the plot in question is Commercial Bazar as per the regularization plan ofTri Nagar Group of Colonies, i.e. commercial at ground floor and residential on upper floors.

4. Ownership :

The Building Deptt. Civil Lines Zone has sought the opinion of DLO (Engg.), NDMC whoopined as under on 7-6-2012.

“With reference of query of undersigned, dated 4-5-2012 at page 6/N, applicant has notsubmitted any document in respect of earlier ownership. However, he has coded somereference of court case without producing any facts and circumstances of such courtcases.

As per first Sale Deed placed in the file is dated 11-11-49, the plot in question i.e.2027-B/156 (Old No. 124 and 125) out of Khasra No. 243 was a 420 sq. yds. plot andnow applicant is applying for 186 sq. yds which has been purchased by the applicantthrough unregistered agreement to sell and unregistered GPA dated 1-1-84. Thus, beforetaking any final view in the matter, expert opinion from the Town Planning Deptt. may betaken in regard to single entity of plot in question.”

[ 5 (N) ]

He further added vide note dated 12-6-2012 is as under :—

“As per Court Order dated 8-8-2007 passed by the ADJ Shri Manoj Jain, Sh. V.K. Goel,Plantififf/applicant has been declared owner of the Property No. 2027-B/156, Main Road,Ganesh Pura-B, Tri Nagar (Shanti Nagar), Delhi having area 186 sq. yds.

Further deptt. may ensured that said orders has not been set aside by the anyhigher Court. Department may consider the case as per DMC Act, BBL, MPD-2021other rules/regulations/instructions made applicable in this case”.

5. Site Report/ROW :

The A.E.(B), Civil Lines Zone has verified the site in question on the part Photocopy ofregularization plan. The existing width of abutting road i.e. A-34'-11" and B-7'-10". As per aforesaidRegularization plan the road marked (A) = 36'-0" & (B) = 8'-0" and the same shall be maintained by theBldg. Deptt.

6. Provision of Notification dated 17-1-2011 :

The Delhi Development Authority vide its Notification dated 17-1-2011 has notified thebuilding regulations for Special Area, Unauthorized Regularized Colonies and Village Abadis 2010. As perClause 3 (iii) of aforesaid regulations the sub-divisions that have taken place upto 8-2-2007 have beenpermitted subject to certain conditions.

The policy for approving sub-division of residential plots arising after Notification dated17-1-2011 was also approved by the Standing Committee vide Resolution No. 481 dated 9-11-2011. As perthe said resolution, the sub-division shall be approved at the level of Standing Committee.

7. Observation :

The plot under reference seems sub-divided in the regularization plan of Tri Nagar, Group ofColonies. The plot therefore quilfies for sub-division as per the provision contained in Notification dated17-1-2011 and Circular dated 9-12-2011.

8. LOSC Consideration :

The case was considered in LOSC vide Item No. 11/12 daied 19-10-2012 and it was decidedas follows : “The case was discussed in view of the provisions contained in Notification dated 17-1-2011with respect of Sub-division existing prior to 7-2-2007. It was observed that the GPA dated 1-1-1984 wasunregistered and as such further clarification from Law Department is required. It was also decided thatan Indemnity Bond be obtained from the applicant stating that the orders of ADJ passed on 8-8-2007 hasnot been challenged further/set aside by any Higher Court before considering the case further”.

9. Comments from Law Department :

The case was referred to Law Department and the CLO has opined that comments havealready been provided vide their note dated 12-6-2012 which are as under :—

As per Court Order dated 8-8-2007 passed by the ADJ Shri Manoj Jain,Sh. V.K. Goel, Plantififf/applicant has been declared owner of the PropertyNo. 2027-B/156, Main Road, Ganesh Pura-B, Tri Nagar (Shanti Nagar), Delhihaving area 186 sq. yds.

Further deptt. may ensured that said orders has not been set aside by theany higher Court. Department may consider the case as per DMC Act, BBL,MPD-2021 other rules/regulations/instructions made applicable in this case”.

[ 6 (N) ]

The applicant has submitted an indemnity bond and he has stated that the orders dated8-8-2007 passed by Ld. ADJ has not been challenged further/set aside by any higher court.

10. Further LOSC Consideration :

The case was again considered by LOSC vide Item No. 16/12 dated 17-12-2012 and thedecision is reproduced as under :—

“The case was discussed in view of the LOSC decision dated 19-10-2012 vide ItemNo. 11/12 and the compliance made thereafter. As per the decision of 19-10-2012,the clarification from Law Department was required in respect of unregistered GPA.It was further decided in the meeting of 19-10-2012 that an Indemnity Bond beobtained from the applicant stating that the orders of Hon’ble ADJ passed on8-8-2007 has not been challenged/set aside by any Higher Court.

The Law Deptt. has stated that vide order of Addl. District Judge, Delhi of8-8-2007 in Suit No. 166/07, the applicant Sh. V.K. Goyal who was plaintiff in thesuit has been declared owner of the property admeasuring 186 sq.yds. bearing,Property No. 2027-B/156, Main Road, Ganesh Pura-B, Tri Nagar (Shanti Nagar)Delhi-35. As per the judgement, the suit was based on the agreement to sell dated1-1-84 between Sh. Gurpal Singh and Sh. V.K. Goyal. Sh. Gurpal Singh was theowner of the land and suit in question was contested by the surviving legal heirnamely Sh. Trilochan Singh, Smt. Amarjit Kaur and Smt. Sarabjit Kaur. As per theorder of Hon’ble ADJ, the dispute was settled between plaintiff Sh. V.K. Goyal anddefendants as mentioned above and statements to that effect were made before thecourt on 3-8-2007. As per the court order, the respondent accepted that thepossession of the aforesaid area of 186 sq.yds. was with Sh. V.K. Goyal andaccordingly, he was declared the owner of the land by the Hon’ble Court.

Since, the agreement to sell was executed on 1-1-84 and the suit has beenadjudicated on the basis of the agreement, it is quite clear that the present plot of 186sq.yds. came into existence as a separate entity on 1-1-84 which is much prior to the cutoff date of sub-division i.e. 8-2-2007 in authorized regularized colonies vide DDANotification No. F. 3(28)2008/MP/Part dated 17-1-2011. The plot, therefore, qualifies forincorporation as independent plot as per above Notification. The applicant Sh. V.K. Goyalhas also submitted an indemnity bond that the said order of Hon’ble ADJ of 8-8-2007 hasnot been set aside by any higher court. The indemnity bond was required as per the legalopinion given by the Law Deptt.

In view of above, it was decided that the incorporation of Sub-divided PlotNo. 2027-B/156, Ganesh Pura-A, Tri Nagar, New Delhi be placed before theStanding Committee for approval”.

11. Recommendations :

In view of above, the incorporation of Sub-divided Plot No. 2027 -B /156 in the regularizationplan of Ganesh Pura-A, Tri Nagar Group of Colonies is placed before the Standing Committee forapproval subject to the following conditions :—

1. The Building Department shall approve the Building Plan as per the provisions containedin the DDA Notification dated 17-1-2011 and MCD Circular dated 9-12-2011.

2. The applicant shall deposit the development charges as per the prevailing policy ofBuilding Deptt. at the time of sanction of building plan.