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NORTH DELHI MUNICIPAL CORPORATION List of Business to be transacted at the Meeting of the Standing Committee to be held on Wednesday, the 16 th January, 2013 at 2.00 P.M. at Satya Narayan Bansal Sabhagar, 2 nd 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. NEW CASES 61 Construction of Civic Centre at JLN Marg, Minto Road, New Delhi. Sub-Head:- Maintenance of Dr. Shyama Prasad Mukherjee Civic Centre Complex-Creation of posts. Commissioner’s letter No. F.33/Engg./NDMC/325/C&C dated 5.12.2012. 62 Regarding approval of Standing Committee/Corporation for transfer of 4 Unani Dispensaries from Plan to Non-Plan w.e.f. 1.3.2012. Commissioner’s letter No. F.33/Health/NDMC/347/C&C dated 7.12.2012. 63 Rules/Guidelines for the grant of Old age Stipend. Commissioner’s letter No. F.33/CSD/HQ/NDMC/352/C&C dated 14.12.2012. 64 Const. of Grade Separator at Rani Jansi Road. (Exchange of land on Bhavbhuti Marg with Railways for the project) Commissioner’s letter No. F.33/Engg./NDMC/363/C&C dated 19.12.2012. 65 Disposal of old and unserviceable AC Plants dismantled from Hindu Rao Hospital. Commissioner’s letter No. F.33/Engg./NDMC/380/C&C dated 21.12.2012. 66 Administrative approval expenditure sanction and approval of rate & agency for purchase of Text Books for free distribution to the children studying MCD Schools during the Academic Session 2012-2013. (i) Commissioner’s letter No. F.33/Edu./NDMC/213/C&C dated 9.10.2012. (ii) Resolution No.26 of the Education Committee dated 27.11.2012. 67 Simplification of Trade License policy of markets, trades, occupations, maintenance and regulations thereof as laid down under Chapter XX of the DMC Act. Commissioner’s letter No. F.33/CL&EC/NDMC/365/C&C dated 19.12.2012. 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.

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Page 1: Wednesday, the 16th January, 2013 PART-A …mcdonline.gov.in/departmentdocs/Stg. Mtg. dt. 16.1.2013.pdfNORTH DELHI MUNICIPAL CORPORATION List of Business to be transacted at the Meeting

NORTH DELHI MUNICIPAL CORPORATION List of Business

to be transacted at the Meeting of the

Standing Committee to be held on

Wednesday, the 16th January, 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.

NEW CASES 61 Construction of Civic Centre at JLN Marg, Minto Road, New Delhi.

Sub-Head:- Maintenance of Dr. Shyama Prasad Mukherjee Civic Centre Complex-Creation of posts.

Commissioner’s letter No. F.33/Engg./NDMC/325/C&C dated 5.12.2012.

62 Regarding approval of Standing Committee/Corporation for transfer of 4 Unani Dispensaries from Plan to Non-Plan w.e.f. 1.3.2012. Commissioner’s letter No. F.33/Health/NDMC/347/C&C dated 7.12.2012.

63 Rules/Guidelines for the grant of Old age Stipend.

Commissioner’s letter No. F.33/CSD/HQ/NDMC/352/C&C dated 14.12.2012. 64 Const. of Grade Separator at Rani Jansi Road. (Exchange of land on Bhavbhuti Marg with Railways for the project)

Commissioner’s letter No. F.33/Engg./NDMC/363/C&C dated 19.12.2012.

65 Disposal of old and unserviceable AC Plants dismantled from Hindu Rao Hospital. Commissioner’s letter No. F.33/Engg./NDMC/380/C&C dated 21.12.2012.

66 Administrative approval expenditure sanction and approval of rate & agency for

purchase of Text Books for free distribution to the children studying MCD Schools during the Academic Session 2012-2013. (i) Commissioner’s letter No. F.33/Edu./NDMC/213/C&C dated 9.10.2012. (ii) Resolution No.26 of the Education Committee dated 27.11.2012.

67 Simplification of Trade License policy of markets, trades, occupations, maintenance and

regulations thereof as laid down under Chapter XX of the DMC Act. Commissioner’s letter No. F.33/CL&EC/NDMC/365/C&C dated 19.12.2012.

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.

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-2-

69 Grant of Non Functional Selection Grade (NFSG) to UDCs and Stenographers. Commissioner’s letter No. F.33/Engg./CED/NDMC/369/C&C dated 20.12.2012.

70 Providing Security Services in Rajan Babu Insitute for Pulmonary Medicine & Tuberculosis. Commissioner’s letter No. F.33/Health/NDMC/367/C&C dated 19.12.2012.

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.

PLACED ON TABLE

72 Budget approved for establishment of North Delhi Municipal Corporation Medical College under 12th Five Year Plan. Commissioner’s letter No. F.33/CA-Cum-FA/NDMC/429/C&C dated 11.1.2013

PART-B

88 Lowering of G.T.Road near Tripolia Gate in front of R.P. Bagh in C-70/CLZ.

Commissioner’s letter No. F.33/Engg./NDMC/315/C&C dated 30.11.2012.

89 Remodelling and construction of RCC. Drain of Jahangirpuri Colony/CLZ. SH:- Construction of RCC Drain & Footpath along dividing road of Jahangirpuri Colony

and Mahindra park from Shah Alam Bandh Road in Main Road of Jahangirpuri Colony in CLZ.

Commissioner’s letter No. F.33/Engg./NDMC/316/C&C dated 30.11.2012.

90 Construction of Double Storey CTC after demolition the existing structure in front of Mubarak Bagh Depot in Model Town in C-72/CLZ. (i) Commissioner’s letter No. F.33/Engg./NDMC/224/C&C dated 15.10.2012. (ii) Resolution No. 12 of Wards Committee (CLZ) dated 23.11.2012.

91 Grant of 3rd Financial Upgradation to the eligible Senior Auditors under Modified Assured

Career Progression Scheme. MCA’s letter No. F.33/MCA/Admn./PCA/3-142(Vol.I)708 dated 5.12.2012.

92 Imp. and Strengthening of 13.50 and 9.15 meter ROW Road, Deepali, C-60/RZ.

SH:- Stg. of carriageway by RMC & Imp. of drainage system. Commissioner’s letter No. F.33/Engg./NDMC/348/C&C dated 7.12.2012.

93 Variation in contractual amount for implementation of Project “Construction of Multilevel

Underground car parking at Parade ground, Subhash Marg, City Zone”. Commissioner’s letter No. F.33/Engg./NDMC/324/C&C dated 5.12.2012.

94 Grant of Earned Leave to Sh. Nand Kishore, IA & AS, Municipal Chief Auditior.

MCA’s letter No. MCA/Admn./PF/Ch.Ar./1-5/729 dated 12.12.2012.

95 Sanction of Earned Leave to Shri Jagdeep Chiller Municipal Secretary. Commissioner’s letter No. F.33/CED/NDMC/351/C&C dated 13.12.2012.

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-3- 96 To organize every year a three days food festival in City Zone.

Resolution No. 8 of Wards Committee (City) dated 23.11.2012.

97 For posting of security and valid gate pass at the main gate of City Zone. Resolution No.9 of Wards Committee (City) dated 21.12.2012.

98 Audit Comments on the Monthly Abstracts of Receipts and Expenditure pertaining to

erstwhile Corporation (General Wing) for the months of April, 2003 to March, 2004. MCA’s letter No. MCA/RS/AAP/M.A./April, 2003 to March, 2004/IV-07/1165 dated 22.8.2012.

PLACED ON TABLE

99. Construction of 5 Nos. class rooms, 1 store room, 1 computer room, 1 library room, 1 science room, and 3 toilet block in M.C.Pry. School, Garhi Rindhala after dismentling 11 Nos of old existing class room in Narela Zone. Commissioner’s letter No. F.33/Engg./NDMC/390/C&C dated 28.12.2012

100. Construction of 9 Nos. class rooms, 1 computer room, 1 store room, 1 library room, 1

science room, and 1 toilet block and raising of boundary wall at M.C.Pry. School, Hiranki (Boys) in Narela Zone.after dismentling existing structure. Commissioner’s letter No. F.33/Engg./NDMC/391/C&C dated 28.12.2012

101 Construction of 10 Nos. class rooms, 1 store room, 1 computer room, 1 H.M.room,1 library room, 1 science room, and 2 toilet block and raising of boundary wall at M.C.Pry. School, Palla.after dismentling existing structure in Narela Zone.

Commissioner’s letter No. F.33/Engg./NDMC/392/C&C dated 28.12.2012

102 Restoration of road cut made by NDPL for laying of U/G cable (Karur Vysya Bank to DDA park falling in C-98/WZ and –DDA park to Rama road falling in C-97/WZ) by pdg. RMC from in C-98/WZ in Mansarover Garden.10.1.2013.12.2012 Commissioner’s letter No. F.33/Engg./NDMC/410/C&C dated 10.1.2013

103 Imp. of Ground and P/F Concertina Coil on Boundry Wall and Construction of Stage at

M.C.Pry. School (Girls) Siraspur in C-18/CLZ.

Commissioner’s letter No. F.33/Engg./NDMC/410/C&C dated 10.1.2013

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

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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.

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(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.

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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.

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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.

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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’.

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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.

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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.

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[ 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)

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[ 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

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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/-)

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

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 ______________________________

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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.

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Form—II (for financial bid)

Tender Form No :____________________

and 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, 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)

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[ 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.

10. 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.

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[ 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

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[ 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]

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[ 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.

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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.

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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.

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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.

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(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.

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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;

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(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;

(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 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;

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(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.

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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.

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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.

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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. _______________________

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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/-

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

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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’.

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(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.

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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.

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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.

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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’.

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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.

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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.

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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)

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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

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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 ‘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/-

(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/-)

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

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 ______________________________

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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.

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Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)

NORTH DELHI MUNICIPAL CORPORATIONREMUNERATIVE PROJECTS CELL

To

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

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)

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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.

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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

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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]

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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.

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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.

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[ 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.

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[ 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.

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[ 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.

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[ 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;

(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;

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[ 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;

(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 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;

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[ 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.

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[ 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.

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[ 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.

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[ 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. _______________________

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[ 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 of Rs.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/-

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

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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.

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[ 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.

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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.

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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.

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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’.

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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.

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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.

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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)

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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

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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/-)

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

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 ______________________________

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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.

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Form—II (for financial bid)

Tender Form No :____________________

and 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, 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)

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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.

10. 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.

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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

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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]

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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.

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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.

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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.

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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.

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(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.

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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;

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(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;

(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 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;

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(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.

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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.

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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.

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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. _______________________

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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/-

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

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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’.

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(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.

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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.

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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.

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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’.

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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.

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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.

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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)

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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

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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 ‘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/-

(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/-)

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

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 ______________________________

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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.

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Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)

NORTH DELHI MUNICIPAL CORPORATIONREMUNERATIVE PROJECTS CELL

To

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

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)

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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.

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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

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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]

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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.

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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.

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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.

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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.

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(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.

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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;

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(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;

(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 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;

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(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.

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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.

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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.

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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. _______________________

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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 of Rs.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/-

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

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NEW CASES

Item No. 61 :— Construction of Civic Centre at JLN Marg, Minto Road, New Delhi.

Sub-Head :— Maintenance of Dr. Shyama Prasad Mukherjee Civic Centre Complex—Creation of posts.

Commissioner’s letter No. F. 33/Engg./NDMC/325/C&C dated 5-12-2012.

The various technical and ministerial posts have been approved by the Corporation videResolution No. 560 dated 21-11-2011 for engineering maintenance of Civic Centre. The following condi-tions are to be approved before appointment of the personnel :———————————————————————————————————————————S. No. Condition Reply

——————————————————————————————————————————1. As the proposed post are The proposed selection criteria of different posts is as under :—

to be filled up on selection ———————————————————————————basis, so these posts will S. Condition Selection Criteriabe ex-cadre. Accordingly No.the new rules should be ———————————————————————————framed as per provision in 1. Chief Project Through Interview by a panel comprising ofCorporation Act and the Manager (SE)/ Commissioner, Addl. Commissioner (Engg.) &basis of selection should Dy. GM E-in-C. Selection from departmental candidatesbe got approved by the working as SE or working as EE for the lastCorporation. 5 years. Candidates should have degree in Civil/

Electrical Engineering, Post-Graduation desirable.Experience in maintenance/construction ofbig/important installations will be given dueweightage.

2. Manager(EE)/ Through Interview by a panel comprising ofCivil & Commissioner, Addl. Commissioner (Engg.) &Electrical & E-in-C. Selection from departmental

candidates working as EE or working as AE forthe last 5 years with degree in respectivediscipline of Engineering, Post-Graduationdesirable. Experience in maintenance/construction of big/important installations will begiven due weightage.

3. Asstt. Manager Interview by panel of Commissioner, Addl.(AE)/Civil & Commissioner (Engg.) & E-in-C fromElectrical departmental candidates working as AE or JE

for the last 5 years with degree in respectiveEngineering. Experience in maintenance/construction of big/important installations will begiven due weightage.

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4. Junior Executive Interview by panel of Commissioner, Addl.(JE)/Civil & Commissioner (Engg.) & E-in-C fromElectrical departmental candidates working as JE in the

same scale with degree in respectiveEngineering. Experience in maintenance/construction of big/important installations will begiven due weightage.

5. Personal Normal routine transfer from the existing staff.Assistant,Steno,Accountant,UDC, LDC &Peon

2. One of the Chief Engineer The Chief Engineer working in Slum Department has already joinedof the MCD is working in MCD in Engineering wing and posted as Chief Engineer (Rohini).the Slum Deptt. whosesalary is being paid by theMCD. The possibility ofhis working as a ChiefProject Manager afterrepatriation may be workedout and the report besubmitted in this regard.

3. The Resolution is silent The file has been processed as per assessment by O&M Departmentabout the recommendation and is already incorporated in the preamble.of O & M Deptt. Therecommendation of O&MDeptt. be included in theproposal. Otherwise beforethe filling up the post, therecommendation of O&Mshould be presented beforethe Corporation.

——————————————————————————————————————————

In view of above, the case may be placed before the Corporation through the StandingCommittee for approval of the criteria for appointing the required officials against the already createdposts for maintenance of Dr. SPM Civic Centre under DMC Act amended upto date.

Item No. 62 :— Regarding approval of Standing Committee/Corporation for transfer of 4Unani Dispensaries from Plan to Non-Plan w.e.f. 1-3-2012.

Commissioner’s letter No. F. 33/Health/NDMC/347/C&C dated 7-12-2012.

Four Unani Dispensaries were established during the 11th Five Year Plan. The sanction ofthese Unani Dispensaries had expired on 29-2-2012 on completion of 11th Five Year Plan. These UnaniDispensaries are providing free Medical facilities and very popular among the poor and needy patients ofthe residents of Delhi. These Unani Dispensaries are to run on permanent basis and as such the sanction

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of the posts of these Unani Dispensaries along with other expenditure under the Non-Plan is requiredw.e.f. 1-3-2012.

The sanctioned strength of staff of these Unani Dispensaries is as under :———————————————————————————————————————————

Post Medical Unani A.N.M. P.T.S. Annual Resolution No.Officer Pharmacist Expenditure and Dated (Under

————————————————————————————————————— (on salaries) 5 years Plan)Scale Rs. 15,600- Rs. 5200- Rs. 5200- Rs. 1,600/-

39100 + GP 20200 + GP 20200 + GP (fixed)————————— 5,400 + UA 2,800 + UA 2,400 + UA

Unani Dispensary——————————————————————————————————————————1. Inderlok 1 — 1 — 9,72,228/- 1023 dated 16-2-2009

2. Sultanpuri 1 — 1 1 9,73,828/- 1024 dated 16-2-2009

3. Old Chandrawal 1 1 — 1 9,47,368/- 856 dated 24-3-2008

4. Shalimar Bagh 1 1 — — 9,45,768/- 312 dated 19-7-2010——————————————————————————————————————————

Total : 4 2 2 2 38,39,192/-——————————————————————————————————————————

The estimated expenditure on establishment of one Unani Dispensary is about 13.00 lacs(salaries of the staff contingencies and others). For medicines Rs. 5.00 lacs is needed. The total estimatedexpenditure for the establishment of one Unani Dispensary would be Rs. 18.00 lacs for the year2012-2013 and for the four Unani Dispensaries it comes to 72 lacs for the year 2012-2013. This liability isto shift from Plan to Non-Plan w.e.f. 1-3-2012.

The budget provision would be suitably made under the Head of Account 59/1001, 1002, 1003& 1004 (Establishment), 59/1098 (Medicines) and 59/1119 (Contingencies) respectively w.e.f. 1-3-2012from the financial year 2012-2013 onward.

Finance & O&M has concurred in the proposal. The proposal may be placed before theCorporation routed through Standing Committee for approval as an item of Urgent Business.

Item No. 63 :— Rules/Guidelines for the grant of Old age Stipend.

Commissioner’s letter No. F. 33/CSD/HQ/NDMC/352/C&C dated 14-12-2012.

As a discretionary measure, Municipal Corporation of Delhi (Unified) was providing FinancialAssistance to widows, destitute, old age persons as Old Age Stipend @ Rs. 1,000/- per month to eligiblepersons as a social welfare measure. The Corporation use to provide assistance to 700 pensionersper ward and under discretionary quota of Hon’ble Mayor 2500 pensioners and Hon’ble Dy. Mayor,Chairman, Standing Committee, Dy. Chairman, Standing Committee, Leader or the House and Leader ofOpposition 1500 pensioners each.

It is further submitted that the House of North Delhi Municipal Corporation vide ResolutionNo. 52 dated 23-7-2012 has approved the proposal moved by Dr. Mahender Nagpal and seconded bySh. Azad Singh for enhancement of Councillor quota from 700 to 750 pensioners per ward @ Rs. 1,000/-per month per pensioner.

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Since erstwhile Municipal Corporation of Delhi has been trifurcated, therefore, the proposal inrespect of Old Age Pension as well as Rules/ Guidelines for the grant of Old Age Stipend as Annexure ‘A’in the light of observation of Finance Department may be placed before the North Delhi MunicipalCorporation.

In view of the above if agreed the proposal of Old Age Stipend is as under :—1. Approval of Rules/Guidelines for the grant of Old Age Stipend Annexure ‘A’.2. Fresh Applications will be invited for each quota from the deserving persons who are

residing in the respective wards.3. Total number of pensioners of Old Age Pension per ward is enhanced from 700 No. of

pensioners to 750 No. of pensioners @ Rs. 1,000/- per month each.4. Discretionary quota of Hon’ble Mayor will be 1000 pensioners and Hon’ble Dy. Mayor,

Chairman, Standing Committee, Dy. Chairman, Standing Committee, Leader of the Houseand Leader of the Opposition will be 600 pensioners each.

5. IT Deptt. to devise a mechanism to check duplicacy in receiving the payment by thepension from different agencies like Social Welfare Deptt. of GNCTD, SDMC & EDMC.

The total expenditure for Old Age Stipend (Councillor and Discretionary Quota) likely to beincurred in one financial year for NDMC is as under :———————————————————————————————————————————

No. of No. of Pension Amount No. of Total AmountWards Pensioners (in Rs.) Months (in Rs.)

——————————————————————————————————————————104 × 750 × 1000 × 12 = 93,60,00,000/-

Discretionary 4000 × 1000 × 12 = 4,80,00,000/-Quota ——————

Total = 98,40,00,000/-——————

It is pertinent to mention here that, as per budget estimate for the year 2012-13 Rs. 9551.68lacs has been allocated under Head of Account 12-1029 for Old Age Pension and Financial Assistance forWidow’s Daughter Marriage.

However, after approval of competent authority the budget allocation for disbursement ofoutstanding Old Age Pension for the year 2011-12, which had not been disbursed due to MCD Election,2012 Model Code of Conduct and the budget for 2011-12 had been lapsed, has also been made from thebudget allocation under Head of Account 12-1029 for the current financial year i.e. 2012-13.

The details of budget allocation, expenditure and requirement for 2012-13 under Head ofAccount 12-1029 are as under :—

Amount (in Rs.)——————————————————————————————————————————

A. Budget allocated under B.E. 2012-13 under Head of Account 12-1029. 95,51,68,000/-

B. Budget allocated upto 31st December, 2011 for disbursement of old age 31,37,13,000/-pension under Head of A/c 12-1029 from the budget allocation underB.E. 2012-13 (vide Circular No. 89/CSD/HQ/2012 dated 5-6-2012).

Budget allocated upto 31st March, 2012 for disbursement of old age 20,29,20,000/-pension under Head of A/c 12-1029 from the budget allocation underB.E. 2012-13 (vide Circular No. 261/CSD/HQ/2012 dated 7-9-2012).

Budget allocated for Financial Assistance for Widow’s Daughter Marriage 25,000/-for the year-2011-12 to DC/SPZ from the allocation under B.E. 2012-13.

——————Total : 51,66,58,000/-

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C. Budget already allocated for Financial Assistance for Widow’s Daughter 2,60,00,000/-Marriage for the year-2012-13 from, the budget allocated under B.E.-2012-13 @ 10 cases per Ward @ Rs. 25,000/- per case. (vide CircularNo. 398/CSD/HQ/2012 dated 30-10-2012)

Expected Expenditure for disbursement of Old Age Pension for the year 98,40,00,000/-2012-13 (from April-12 to March-2013) @ 750 pensioners per ward anddiscretionary as quota mentioned above.

————————

Total : 101,00,00,000/-

Total Allocation required under RBE-2012-13 (B+C) 152,66,58,000/-

Requirement for additional budget for disbursement of old age pension for 57,14,90,000/-2012-13 (C–A)

——————————————————————————————————————————

Further, the proposal for additional budget allocation will be submitted in RBE-2012-13 to fulfilthe requirement of budget as per actual expenditure.

The observations of Finance Department are as under :—

“In this regard, it is stated that the Finance/NDMC has no objection for making paymentof Old Age Stipend only through ECS. However, to ensure the genuineness of thepayment to the bonafide Person/Pensioner, the Department may incorporate the followingpoints in the said Rules/Guidelines :—

1. The physical verification of each and every person/Pensioner should be made by theDepartment Quarterly i. e. every three months.

2. It should be ensured that the concerned/respective Bank should not issue the chequeBook to the said Person/Pensioner and if already issue, the same may be withdrawn.

The CA-cum-FA has seen.”

The proposal may be placed before the North Delhi Municipal Corporation for approval andbe routed through the Standing Committee (NDMC).

ANNEXURE ‘A’

NORTH DELHI MUNICIPAL CORPORATIONCOMMUNITY SERVICES DEPARTMENT

11th Floor, Dr. Shyama Prasad Mukherjee Civic Centre,J.L. Nehru Marg, Delhi-110002

No.........../CSD/HQ/2012 Dated :................

Subject :— Rules/Guidelines for the grant of Old age Stipend.

North Delhi Municipal Corporation vide its Resolution No.......... dated.................. hasapproved the rules & guidelines to grant the Old Age Stipend as under.

Eligibility :

(A) The stipend shall be paid only to those citizens, who are residents of Union Territory ofDelhi.

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(B) The applicant should have been residing within the jurisdiction of North Delhi MunicipalCorporation for the last five years on the date of submission of application.

(C) One who has no one to depend upon for any support, who are incapable of doing any sortof remunerative work and the family doesn’t have an income exceeding Rs. 4,000/- permonth from any source of income.

(D) Who are not receiving any pension from any of the Central or State Governments’department or an old age pension/assistance from Govt. of India, GNCTD, New DelhiMunicipal Committee, East Delhi Municipal Corporation, South Delhi MunicipalCorporation or from any other source.

(E) Who have attend the age of 60 years; OR Those who have not attained the age of 60years, but comes under one of the following category :—

(i) Destitute.

(ii) Disabled (deaf, dumb, physically handicapped having infirmity of permanentnature) 50% or more.

(iii) Blinds.

(iv) Widows.

(v) Insane.

(vi) Crippled.

(vii) Divorcee women.

(viii) Kinner (eunuch).

(ix) Orphan Child till he/she attains the age of 18 years.

(x) Suffering from serious illness (as listed in application form).

Submission of Application :

The applications for grant of old age pension shall be received duly filled in the prescribedproforma at the CSB offices of NDMC. The following documents should be attached with the applicationby the applicants. A transaction fee of Rs. 10/- shall be charged at the time of receiving application at CSBcounter.

1. The applicant should affix one copy of his/her passport size photographs at his/herapplication and should submit another copy to be pasted on Identity Card on acceptanceof the application.

2. Proof of age — Birth Certificate or any other document showing the age of the applicantor an attested copy of ration card bearing his/her name or his/her voter identity card.

3. The details of the Savings Account in any Bank or Post Office of the applicant or a joint.

4. The details of the Savings Account in any Bank or Post Office of the guardian, in case theapplicant is insane or mentally retarded, or orphan.

5. Proof of annual income from all sources i.e. not more than Rs. 48,000/-.

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6. A declaration to the effect that he/she is not receiving any pension from any of theCentral or State Governments’ department or an old age pension/assistance from Govt. ofIndia, GNCTD, New Delhi Municipal Committee, East Delhi Municipal Corporation,South Delhi Municipal Corporation or from any other source.

7. In case of destitute a police verification/affidavit attested by the concerned RWA(Regd.).

8. In case of disabled (deaf, dumb, physically handicapped having infirmity of permanentnature) — A Medical Certificate with regard to infirmity of permanent nature from anyGovernment Hospital.

9. In case of blind, insane, crippled — A Medical Certificate with regard to infirmity ofpermanent nature from any Government Hospital.

10. In case of widow, the death certificate of the husband.

11. Divorce Certificate as a proof of marital status of the divorcee women applicant besubmitted. If abandoned by the husband and matter is under trial in the Court of Law, shehas to submit a police verification/affidavit attested by the concerned RWA (Regd.). Incase of divorced women an affidavit to the effect that she has not remarried.

12. Proofs to be submitted in case of an application submitted under Kinner Category :

(i) A Medical Certificate with regard to proof of being Kinner (eunuch) from anyGovernment Hospital.

(ii) An affidavit to the effect that the applicant (Kinner) is not married.

(iii) The age of the applicant should not be below 18 years.

13. Certificate of Government Hospital in case of suffering from serious illness.

Verification of the Applications/Applicants by the sanctioning Authority :

On the basis of eligibility criteria explained above, the Deputy Commissioner of the zone, assanctioning authority, shall get scrutinized all the applications alongwith the requisite documents received atthe zonal level for its completeness by an officer not below the rank of Asstt. Commissioner and thenDeputy Commissioner will pass the orders on the report of the Asstt. Commissioner/Investigating Officer/Scrutinizing Officer and declare the eligible applicants against the quota available under each category.Such eligible applicants shall be issued Identity Cards. The Identity Card so issued will bear all theparticulars and the passport size photograph of the card holder/beneficiary of the old age stipend. Thefollowing facts should also be checked while scrutinizing the application :—

1. The application form should be certified/recommended by the funding MunicipalCouncillor (or in respect of discretionary quota by the respective authority, if any.

2. The applicant should be residing in the concerned municipal ward and his/her name mustexist i the voters’ list.

3. The physical verification of each and every person/pensioner should be made by theoffice (Dy. Commissioner of the Zone i.e. every three months.

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Mode of Payment :

(i) The payment of old age pension will be made only through ECS in the name of thepensioner.

(ii) In case of mentally retarded/physically handicapped persons, the ECS may be issued inthe name of his father/mother/guardian’s account/joint account, as the case may be.

Stopping of Assistance :

Beneficiaries will continue to draw the sanctioned old age stipend, till the term of theCorporation. The sanctioning authority will have the right to stop the payment of old age pension/stipend incase of following :—

(i) If it finds that any false information or fake document was furnished while submitting theapplication for grant of old age pension/stipend.

(ii) In case of death of the person or he/she migrates out of the NDMC jurisdiction.

(iii) If the pensioner/beneficiary is found to be involved in any criminal activity and has notmaintained good conduct.

(iv) If at any stage the beneficiary ceases to fulfil any of the laid down eligibility conditions.

Appelate Authority :

Deputy Commissioner of the zone will be the appellate authority for any complaint orgrievance or the pensioners.

Miscellaneous :

(i) Old age stipend shall become payable from the following month in which it is sanctioned.The rates of assistance shall be Rs. 1,000/- per month which is revisable by theCorporation from time to time.

(ii) Municipal Councillor can transfer Old Age Pension quota from his ward to other wardwithin the zone only where eligible pensioners are less than the quota of the Councillor.However such transfer of his/her quota will not be permissible interzonal i.e. from onezone to other zone.

(iii) All the Deputy Commissioners of the zones will submit the wardwise number ofpensioners. Area Councillors’ quota as well as discretionary quota along with utilizationcertificate on or before 31st March every year, positively.

(iv) Once the benefit of the Old Age Stipend is sanctioned to the applicant against the quotaavailable, the new applications can be recommended by the area councillor only if thequota is increased or number of pensioners decreases because of some other reason/reasons. This will be applicable in bothe the cases i.e. discretionary quota as well asMunicipal Councillor’s quota.

(v) In case where the husband has deserted his wife to fend her because of the disputebetween them and an FIR has been lodged with the police, financial assistance to suchwoman any also be given but only after completion of the one year from date of filing theFIR.

(vi) A maximum of 2 persons from a family can be provided pension.

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(vii) After every NDMC General Elections the cases of pensioners drawing old age stipendwill be reviewed and recommended by the area municipal councillors.

(viii) The applicant and the certifying authority shall be liable for legal action against them forany false, incorrect information and fake certificate/document.

(ix) In case of any seat of Municipal Councillor lying vacant, due to death or disqualification orany other reason, the cases of Old Age Pension to the deserving applicant in theconstituency of the said Councillor shall be looked after as well as sanctioned by the Dy.Commissioner of the Zone.

(x) In all cases the decision of the Commissioner, NDMC shall be final.

This issue with the prior approval of the competent authority.

Item No. 64 :— Const. of Grade Separator at Rani Jansi Road.(Exchange of land on Bhavbhuti Marg with Railways for the project).

Commissioner’s letter No. F. 33/Engg./NDMC/363/C&C dated 19-12-2012.

The work for “Construction of Grade Separator at Rani Jansi Road” has been taken up underH/A LA Roads after due concurrences of Competent Authorities, i.e. Hon’ble L.G., Corporation andUTTIPEC etc..

For the said construction, a number of private properties as well as lands belonging to variousGovt. Departments such as DUSIB and Railways are to be acquired/taken over. In addition to that MCDproperties in the shape or tyre shops on Rani Jhansi Road have already been shifted to Sanjay GandhiTransport Nagar.

The work for the said construction was awarded in the year 2008 with a tirne completion as27 months but the same could not be completed for want of lands from the various agencies as explainedabove. The case for acquiring private properties has been taken up through L&B Department, GNCTD. Acase for taking over the land from DUSIB has been taken up with the concerned department i.e. DUSIB.

As per approved alignment plan of grade separator about 11557.48 sqm. railway land isrequired for the project and the location-wise details of which are given below :—

1. Loco shed colony at Rani Jhansi Road 5945.88 sqm.

2. Matia Bagh Railway Colony near Pul Bangash 5050.93 sqm.

3. Railway booiking office at Barafkhana 560.67 sqm.——————

Total : 11557.48 sqm.——————

In a meeting, at Raj Niwas on 19-1-2011 (Annexure ‘A’), it was decided that equitable land inlieu of railway land shall be offered by MCD. Accordingly the land of Slaughter House was got visitedwith Railway officials for exchange. Railways, however, refused this land offered by MCD and suggestedthat land on Bhavbhuti Marg near New Delhi Railway Station be arranged by MCD for exchange ascommunicated vide its letter No. 196-W/2455/Land dated 9-5-2011 (Annexure ‘B’).

MCD pursued the matter with the land owning agencies namely DMRC & L&DO fortransfer of land in their possession at Bhavbhuti Marg. The DMRC has agreed vide its letter No. DMRC/Land/15/506-A/556 dated 15-3-2012 (Annexure ‘C’) to transfer 5392.18 sqm. of its land to MCD forexchange with railways for the project at a cost of Rs. 99,16,219/- (Rs. ninety Nine lacs sixteen thousandtwo hundred nineteen only) i.e,. @ Rs. 1,839/- per Sqm. or @ Rs. 74.40 lacs per acre which is the presentrate of land transfer from MCD to DMRC.

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The land on Bhavbhuti Marg is of commercial nature and its rate has been got verified fromSub-Registrar concerned vide its letter No. SR-III/Mosc./2012/626 dated 19-6-2012 from Sub-Registrar-III, Delhi Govt. On similar lines Railways has also obtained land rates from Sub-Registrar-I inrespect of its land to be exchanged considering the land as commercial one vide letter No. 196-W/2455/Land dated 24-7-2012.

In addition to land in exchange the Railways, has also raised the issue of relocation of RailwayStaff quarters and offices, the details of which is stated to be available with DRM/NR/Delhi as mentionedin the letter No. 196-W/2455/Land dated 4-7-2012. This issue is proposed be taken up separately withDRM/NR/Delhi as it may require joint verification of facilities affected.

The case for exchange of land was submitted to L&E Deptt., North DMC. On the sameL&E Deptt. has offered its comments as under :

In view of above, it is requested that the circle rates of land in Delhi have beenraised by the GNCTD and as such, the calculation may be made by the Engg..Deptt., as per revised circle rates of land, subject to approval of competentauthority.

In view of the aforesaid observations, the cost comparison of Railway land viz. a viz. DMRCland available on Bhavbhuti Marg being offered by MCD is given as under :———————————————————————————————————————————

Description Railway’s land MCD land——————————————————————————————————————————Area of plots 11557.48 sqm. 5392.18 sqm.

Rate for Com. Category 58400 × 3 = 175200/sqm. 106400 × 3 = 319200/sqm.——————————————————————————————————————————Value of land 2,02,48,70,496/- 1,72,11,83,856/-——————————————————————————————————————————

Considering the delay caused in completion of project and consequent loss of abundant man-hours and loss of private/public exchequer in terms of fuel consumption and resultant cost escalation dueto non-transfer of railway land, during one of the higher level meetings it was suggested that this availableDMRC land may be offered to Railway at the prevalent circle rates applicable for commercial properties.The shortfall of equitable land may be compensated to Railways by way of offering some other suitableland available with North DMC or paying the difference of land costs as mentioned above.

Finance has seen arnd agreed with the proposal.

The case is to be placed before the North Delhi Municipal Corporation through StandingCommittee for authorizing Commissioner North DMC as per Section 200 of DMC Act for :—

1. Processing the case for taking over 5392.18 sqm. land from IDMRC at Bhavbhuti Margfor a cost of Rs. 99,16,219/- (Rs. ninety nine lacs sixteen thousand two hundred nineteenonly).

2. Offering the said piece of land at Bhavbhuti Marg to Railways in exchange of Railwayland situated at the locations mentioned above, at the prevalent circle rates applicable forcommercial properties.

3. Offering Railway Department some other suitable land available with North DMC orpaying the difference of land costs as mentioned above.

4. For making minor modifications in the above mentioned proposals, if any, based on the siteconstraints or any change proposed by DMRC/Railways Department. The modificationsshall be got ratified from the Corporation at the time of finalization of proposal.

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ANNEXURE ‘A’Please find enclosed herewith copy of the minutes of the meeting held at Raj Niwas on

19-1-2011 regarding allotment of alternative land to Railways in lieu of land surrendered by them at RaniJhansi Road for the grade separator project of MCD approved by Hon’ble LG for appropriate action.

Sd/-(PADMINI SINGLA, IAS)

Addl. Secy. to L.G.1. Commissioner, MCD.2. Principal Secretary L&B, GNCTD.3. VC, DDA.4. Principal Commissioner, DDA.5. Chief Engineer, MRTS, N. Rly.6. Engineer-in-Chief, MCD.7. Commissioner (Plg.), DDA.8. Chief Engineer-V, MCD.9. SE (Project)-V, MCD.

U.O. No. 14/(1)/10-RN/264/1456 Dated : 25-1-2011.

Minutes of the meeting regarding allotment of alternative land to Railways in lieu ofland surrendered by them at Rani Jhansi Road for the grade separator project of MCD

held at Raj Niwas on 19-1-2011 at 11-15 AM

A list of participants is given in the marginal box.

2. Chief Engineer, Northern Railway mentioned that Railway needed alternative land forsurrendering 11.500 sqm. of Railway land at Rani Jhansi Road to relocate the 109 staff quarters, someservice buildings & offices existing on these lands.

2.2 It was decided that MCD may provideapprox. 6,000 sq. mtr. of land under its possessionat Idgah after taking valuation & density factorinto account. A joint inspection of the land will bedone by Railways and MCD authorities and acopy of the inspection report would be submittedto LG Secretariat for information. After jointinspection, Railway may allow MCD to use thevacant portion of Railway land for laying ofservice lines, etc.

3. MCD raised the issue of rehabilitation offamilies residing on the lands under acquisition.As the rehabilitation plicy of Delhi Government islikely to take time to come in effect theyrequested for some decision on the matter sothat projects are not unnecessarily delayed it wasdecided that MCD may buy flats constructed by

—————————————————————PARTICIPANTS

1. Hon’ble LG2. Sh. K.S. Mehra, Commissioner, MCD3. Sh. D.M. Spolia, Pr. Secy., L&B, GNCTD4. Sh. G.S. Patnaik, VC, DDA5. Sh. V.K. Sadhu, Pr. Commr., DDA6. Sh. R.K. Bariar, CE/MRTS, N. Rly.7. Sh. Ravi Dass, Eng.-in-Chief, MCD8. Sh. Ashok Kumar, Commr. (Plg.), DDA9. Dr. S.P. Bansal, Addl. Com. (Plg.), DDA

10. Sh. S.K. Jain, CE-IV, MCD11. Sh. V.R. Bansal, SE (Proj.)-V, MCD12. Sh. S.L. Bairwa, Ex. Eng. (Proj.), SPZ, MCD13. Principal Secretary to L.G.14. Addl. Secretary to L.G.

—————————————————————

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GNCTD at Bawana to accommodate these persons as an interim arrangement. After the rehabilitation

policy is notified details of the award can be worked out.

The meeting ended with vote of thanks to the chair.

ANNEXURE ‘B’

NORTHERN RAILWAY

Headquarters Office,

Baroda House,

New Delhi

No. 196-W/2455/Land Dated : 9th May, 2011

Chief Engineer,

Municipal Corporation of Delhi,

12th Floor, Civic Centre,

Jawahar Lal Nehru Marg,

New Delhi.

Subject :— Exchange of Railway land in connection with the construction of Rani Jhansi

Flyover.

Ref. :— Our meeting on 28-4-2011.

The land at Idgah suggested by MCD in exchange of Railway land along the alignment of

proposed Rani Jhansi Marg Flyover does not suite railways requirement.

Railway requires land piece along Bhavbhuti Marg (Thompson Road) for further development

of facilities at New Delhi Railway Station. These plots belong to MCD/OJB, L&DAO/DMRC and a small

piece of land belonging to MCD/DDA near Gauri Bearing House on Shardhanand Marg.

Hence, you are requested to explore the feasibility of the same and inform, so that further

action may be taken by the railway.

Sd/-

9-5-2011

(R.K. BARIAR)

CE/MRTS

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ANNEXURE ‘C’

nwjHkk’k@Tel. : 23417910/12QSDl@Fax : 23417921

fnYyh esVªks jsy dkWiksZjs’ku fyŒ

DELHI METRO RAIL CORPORATION LTD.¼Hkkjr ljdkj ,oa fnYyh ljdkj dk la;qDr miØe½

(A Joint Venture of Government of India and Govt. of Delhi)

No. DMRC/Land/15/506-A/556 Dated : 15-3-2012

Chief Engineer-V,Municipal Corporation of Delhi,12th Floor, E-Block, Civic Centre,Minto Road, J.L. Nehru Marg,New Delhi.

Subject :— Allotment of DMRC Land at Ajmeri Gate to MCD for in turn transfer toRailways for the construction of Rani Jhansi Road Flyover.

Ref. :— No. D/CE-V/2012/664 dated 31-1-2012.

Sir,

With reference to above. I am directed to convey that DMRC has agreed to transfer 5392.18sqm. land for the purpose of exchange of land with Railways for the construction of flyover at Rani JhansiRoad flyover.

You are requested to deposit DD of Rs. 99,16,219/- (Rupees ninety nine lacs sixteen thousandtwo hundred nineteen only) towards the cost of land in favour of Delhi Metro Rail Corporation Ltd. andconfirm acceptance of following terms & conditions before handing over the physical possession of land.

1. The land area measuring 5392.18 sqm. at Ajmeri Gate is a part of the 16.784.00 sqm. landallotted by MoUD to DMRC for MRTS project. The lease agreement is yet to be signedbetween MoUD & DMRC. The terms and conditions of the agreement to be signed shallbe binding on MCD also.

2. The MCD shall give an undertaking to the effect to pay the lalance premium service tax,education cess or any other tax along with the land cost and ground rent at the prescribedrates, if so levied by the Govt. of India and demanded by Govt. of India.

3. The MCD shall not use the allotted area for any other purpose without taking priorapproval of the DMRC in writing, it shall be liable to pay incidental charges to DMRCalong with the penalty to be decided by the DMRC. notwithstanding the right of theDMRC to cancel the allotment and re-enter the premises.

4. The land allotted to MCD can be sub-leased to Railways only for 75 years.

5. In respect of the building structures existing on the land. MCD shall pay current cost ofconstruction.

6. The removal of structures or encroachments. if any, on the allotted land shall be theresponsibility of the MCD.

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7. The allotment of the land shall be effected from the date of issuance of the final allotmentletter.

8. The MCD shall be required to construct the infrastructure in conformity with thearchitectural surroundings of the area and laws of the land.

9. The trees if any, standing on the plot shall remain as Government property and shall not beremoved or otherwise disposed of without obtaining the prior permission of concernedauthority.

10. The MCD shall get the Memorandum of Agreement and Lease Deed executedimmediately at their own cost.

11. In the event of dissolution of MCD, the land allotted and the assets created thereon shallbe transferred to an institution having the similar aims and objectives with prior approvalof the Government on such compensation that may be determined by the DMRC at itsabsolute discretion.

12. The DMRC officials or their nominees may at any time inspect the site or cause to beinspected the site/land and the premises thereon with or without any prior notice to MCD.Refusal to allow inspection of the site and the premises shall amount to violation of theterms calling for suitable action including re-entry of the property.

13. Acceptance of premium of land during the existence of unauthorized construction ormisuse of the premises shall not be considered as a waiver.

14. The allotment of the land shall be further subject to the terms and conditions of theMemorandum of Agreement and the lease deed to the executed between the DMRC andMCD.

15. In the event of failure to comply any of the convenants/conditions contained herein aboveby MCD. It shall amount to viclation of the agreement and action as per law shall beinitiated.

16. After taking over the possession, it will be te sole responsibility of the MCD to keepproper watch and ward of the land/property against any encreachment or any other lossor damage. In case any encroachment/damage/loss is caused to the property which is inMCD’s possession, the cost of restoring it to the original position shall be borne by theMCD.

17. Physical possession of the land will be handed over as per actual measurement at site.

18. Before taking over the possession of the said land the existing boundary/fencing andstructures shall be shifted by MCD at their cost.

Thanking you.

Sd/-

(S. HOQUE)Dy. CE/G

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Item No. 65 :— Disposal of old and unserviceable AC Plants dismantled from Hindu RaoHospital.

Commissioner’s letter No. F. 33/Engg./NDMC/380/C&C dated 21-12-2012.

Hindu Rao Hospital is equipped with Refrigeration Plant at Mortuary Block and Central AirConditioning Plant for OTs. The following plants have been dismantled as the said become unserviceable/beyond economical repair and outlived their useful life during normal wear and tear. The said plants havebeen replaced with the new plants. The detail of plants dismantled are as under :—

1. 2 x 45 TR Central type AC plant along with — 1 Lotall ducting and accessories

2. 2 x 5 TR Refrigeration Plant along with — 1 Lotall ducting and accessories

Accordingly, the survey report of the said dismantled AC Plants has been prepared andproposed that a Condemnation Board of following officers be constituted :—

1. Ex. Engineer (Elect.)-II — Chairman

2. Add. M.S./Hindu Rao Hospital — Member

3. ACA/Hindu Rao Hospital — Member

4. A.E. (Elect.)/Hindu Rao Hospital — Member/Convener.

The Condemnation Board inspected the above said material physically on dated 17-9-2012 asdesired by finance and accordingly after due inspection of the material the Condemnation Board declarematerial condemned and accessed its reserve price of Rs. 1,15,400/-.

Finance has seen and concurred in the proposal on dated 30-10-2012.

The case may be placed before the Corporation through Standing Committee for approval ofthe aforesaid Condemnation and Auction Board for disposing of same through Public Auction as perprocedure and authorizing the board to accept the highest bid if the price received is more than the reserveprice, get the full amount deposited and allow the highest bidder to remove the auctioned items.

Item No. 66 :— Administrative approval expenditure sanction and approval of rate &agency for purchase of Text Books for free distribution to the childrenstudying in MCD Schools during the Academic Session 2012-2013.

(i) Commissioner’s letter No. F. 33/Edu./NDMC/213/C&C dated 9-10-2012.

It was the policy of the Erstwhile Municipal Corporation to provide free text-books to thechildren studying in Munidpal Primary Schools and its Aided Schools. The text books are supplied byM/s. Delhi Bureau of Text Books, an agency of Govt. of NCT of Delhi. The Education Department oferstwhile unified MCD received the price list of text books from M/s. Delhi Bureau of Text Books videletter No. F. l(S)/DBT/MCD/NDMC/Delhi.Cantt./2430 dated 25-10-11 stating therein that they wouldprovide 20% discount as per previous practice and also that delivery of text books will be made afterreceiving full payment in advance.

The quantity/number of text books has been worked out on the basis of requisition receivedfrom Zonal Deputy/Assistant Directors of Education of the then unified Corporation. It is pertinent tomention here that the zonal requirement of text books was given on the basis of actual enrolment of

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children as on 31-8-2011. The schools of Municipal Corporation allow admission to children throughout theyear. Consequently, the department makes a provision of five per cent extra text books from the actualrequirement given by the zonal authorities so that every child admitted in MCD schools gets the free textbooks on time.

The text books are essential items and these are to be provided to the children in the beginningof academic session. The zone wise tentative requirement of text books was forwarded to Delhi Bureauof Text Books in the month of January, 2012 for making arrangement for timely supply of text books forthe academic session 2012-13.

In order to meet the requirement of advance full payment to the M/s. Delhi Bureau of TextBooks, an agency Govt. of NCT of Delhi, the department obtained approval of unified Corporation inanticipation from the Hon’ble Mayor of erstwhile unified Corporation vide her approval dated 24-2-2012through the then Chairman, Education Committee & Chairman, Standing Committee. Finance Departmentalso concurred in the proposal of the department. Thereafter, an amount of Rs. 9,41,28,756/- was drawnand paid in advance (through RTGS) to M/s. Delhi Bureau of Text Books, an agency of Govt. of NCT ofDelhi out of Plan Head of Accounts XL-II-G-I in the financial year 2011-12 and the departmentplaced supply order for supply of Rs. 42.48 lacs Hindi, English & Urdu Medium Text Books for theacademic Session 2012-13. Accordingly, preamble of the proposal was sent to A.O. (C&C) vide letterNo. D/DDE(PUR)/Edu./HQ/2012/261 dated 15-2-2012 for placing it before the unified Corporation routedthrough Education Committee & Standing Committee of erstwhile unified Corporation (Copy enclosed asAnnexure’ A’).

In the meanwhile, erstwhile unified Corporation was trifurcated, due to which, and as perapproval of the then Commissioner of erstwhile MCD, A.O. (C&C) returned the preamble with thedirection that :—

It will be better to return all such cases to C&C Department for transmitting the same to theconcerned department. The department will re-draft the preamble for placing before the newrespective Corporation/and its committees for approval.

In this regard, it is submitted that out of total 41,70,138 Hindi & English Text Books & 78,589Urdu Medium Text Books for an amount of Rs. 9,41,28,756/- have been procured out of the Plan BudgetHead of A/c XL-II-G-I (2011-12). It is also submitted that out of 41,70,138 Hindi & English Text Books &78,589 Urdu Medium Text Books of unified Corporation, 14,32,509 Hindi/English Medium Text Books &20,335 Urdu Medium Text Books incurring expenditure to an amount of Rs. 3,22,39,232/- has beenreceived & distributed to the children studying in schools falling under jurisdiction of North Delhi MunicipalCorporation.

In view of above, the matter may be placed before the Corporation routed through EducationCommittee & Standing Committee for information, granting formal administrative approval andexpenditure sanction along with permission to make the payment of the difference of amount, if any, incase any increase in the prices of the text books is made by the Delhi Bureau of Text Books, an agency ofGovt. of NCT of Delhi, with retrospect effect as a matter of policy.

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ANNEXURE ‘A’

MUNICIPAL CORPORATION OF DELHI(EDUCATION DEPARTMENT)

No. F. 33/Edu./3436/C&C Dated : 16-2-2012

Subject :— Administrative Approval and Approval of Rate & Agency for purchase of TextBooks for free distribution to the children studying in MCD Schools during thenext Academic Session 2012-13.

As per policy of the Municipal Corporation of Delhi, Text Books, free of cost, are to bedistributed to the children studying in Primary Schools of Municipal Corporation of Delhi and its AidedSchools in the Session 2012-2013. The quantity/number of text books has been worked out on the basis ofrequirement received from Zonal Deputy/Assistant Director of Education. The zonal requirement of textbooks is given on the basis of actual enrolment of children as on 31-8-2011. As per RTE Act, no childshould be denied admission in schools throughout the year. Therefore, department proposes to add fivepercent extra text books from the actual enrolment given by the zonal authorities so that every childadmitted in MCD school gets the free text books. The prescribed Hindi, English and Urdu Medium TexBooks for Class-I to V are published by Delhi Bureau of Text Books, an agency of the Dte. of Edn., Govt.of NCT of Delhi.

Books will be supplied by M/s. Delhi Bureau of Text Books with a 20% discount. Thesebooks will be supplied against the payment to be made in advance. The Education Department of MCDhas received the price list of books from M/s. Delhi Bureau of Text Books vide letter No. F. 1(S)/DBT/MCD/NDMC/ Delhi. Cantt./2430 dated 25-10-11.

Details of books to be purchased from M/s. Delhi Bureau of Text Books, alongwith their costhave been shown in Annexure ‘A’ & ‘B’ after deducting the balance text books available in the zonalstores. The purchase of books is being proposed keeping in view the normal pattern of admission ofchildren in MCD and its aided schools as per enrolment of the children as on 31-8-11 like in the precedingyears. The number of children in MCD schools as on 31-8-2011 is annexed as Annexure ‘C’.

The expenditure for purchase of text books would be as under :———————————————————————————————————————————Sr. No. Name of the Agency Class & Medium Amount in Rs.——————————————————————————————————————————

1. M/s. Delhi Bureau of Text Books (a) All Hindi & English Text Books (a) 11,55,34,937/-for Classes-I to V

(b) All Urdu Books for Classes-I to V (b) 21,26,008/-—————

Total : (a + b) 11,76,60,945/-

Discount 20% (–) 2,35,32,189/-—————

Net amount : 9,41,28,756/-—————

Cheque for the amount of Rs. 9,41,28,756/- shall be drawn as advance in favour of M/s. DelhiBureau of Text Books out of Plan Head of Account XL-II-G-I in the financial year 2011-12 for thepurchase of text books. The department may be allowed to purchase 10% more books in case ofadditional enrolment.

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CA-cum-FA has seen and concurred in the proposal with certain observations, which aregiven below alongwith department’s comments/reply :———————————————————————————————————————————Sr. No. Observations Department’s reply——————————————————————————————————————————

1. The department may certiiy that the purchase The zonal DDEs/ADEs gave the demand ofproposal is as per actual requirement. Existing text books for the next academic Session i.e.stock of books, if any, may be brought on 2012-13 based upon the enrolment of childrenrecord and the same may be incorporated in as on 31-8-2011 in MCD and its aidedthe draft preamble. schools.

The department proposes to purchase 5% extratext books on the demand received from the ZonalDDEs/ADEs due to RTE Act because underRTE Act children will be allowed to be admittedthroughout the year.

The details of books available in the zonal storesis enclosed as Annexure ‘D’.

The Zonal DDEs/ADEs have raised the demandof text books after deduction of text booksavailable in the zonal stores. The same shall beincorporated in the preamble.

2. Department may please certify that advance It is submitted that unspent amount has beendrawn for the previous year have been received from DBTB and the same has beenadjusted within the stipulated time and submitted with DCA (Plan). The bill for adjustmentadjustment voucher number may also be of advance has been submitted with A.O. (Adav.)furnished. for furthr process.

3. Department has not placed on record the time The time duration to complete the work order ofduration to complete the order of books after text books shall be tentatively from 1st April,the drawal of advance. 2012 to 31th August, 2012.

4. The instant proposal may be routed through The same shall be ensured.DCA (Edn.) for comments.

5. Department may obtain certificate from the Department is purchasing the books from Delhipublishers to the effect that maximum discount Bureau of Text Books which is an agency ofhas been given and they have not supplied the Govt. of NCT of Delhi from last 12 years andbooks at more than 20% discount to Central the 20% discount has been fixed by the Govt. ofGovt., State Govt. NCT of Delhi as per their policy.

6. Department has proposed to purchase 10% As per RTE Act that the department can notmore books in case of additional enrolment in deny admission to any child in schools throughoutthe draft preamble. The same may be brought the year. Therefore, department has proposed toto the notice of competent authority. purchase 10% more books in case of additional

enrolment of children during the next academicsession, if need so arises.

7. The department may place on record the The department has purchased 3850911 nos. textactual purchase make during the last financial book amounting Rs. 8,64,30,432/- from the DBTByear. during the financial year 2011-12.

——————————————————————————————————————————

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In view of above, the case may be placed before the Corporation routed through EducationCommittee & Standing Committee for granting Administrative Approval and approval of Rate & Agencyon the following points as an item of Urgent Business :—

1. Approval to purchase 41,70,138 Hindi & English Medium Text Books & 78,589 UrduMedium Text Books for free distribution to the children studying in MCD schools fromM/s. Delhi Bureau of Text Books, an agency of Govt. of NCT of Delhi. Since thepurchase is from single source agency, therefor, waival of normal purchase proceduremay be accorded.

2. Sanction of an amount of Rs. 9,41,28,756/- alongwith permission to draw an advance outof the Plan Budget Head of A/c XL-II-G-I (2011-12) in favour of M/s. Delhi Bureau TextBooks, New Delhi.

3. To make the payment at the enhanced rate, if any increase in the prices of the books asper Govt. policy is intimated by Delhi Bureau of Text Books, an agency of Govt. of NCTof Delhi.

Sd/-Addl. Commissioner (Edn.)

For Commissioner

ANNEXURE ‘A’——————————————————————————————————————————

Sr. Class Title of Book Quantity Cost of Total AmountNo. Required Each Book (in Rs.)

(in Rs.)——————————————————————————————————————————

1. I Ganit Ka Jadu (Hindi Med.) 143199 30.00 42,95,970/-2. I Math Magic (English Med.) 13241 30.00 3,97,230/-3. I Rim Zim (Hindi Language) 178655 30.00 53,59,650/-4. I Marigold (Eng. Language) 1 72027 30.00 51,60,810/-5. II Ganit Ka Jadu (Hindi Med.) 173611 30.00 52,08,330/-6. II Math Magic (English Med.) 14784 30.00 4,43,520/-7. II Rim Zim (Hindi Language) 195264 30.00 58,57,920/-8. II Marigold (Eng. Language) 194766 30.00 58,42,980/-9. III Ganit Ka Jadu (Hindi Med.) 184797 30.00 55,43,910/-

10. III Math Magic (English Med.) 11886 30.00 3,56,580/-11. III Rim Zim (Hindi Language) 202413 30.00 60,72,390/-12. III Marigold (Eng. Language) 200237 30.00 60,07,110/-13. III Meri Dilli (Hindi Medium) 201264 12.00 24,15,168/-14. III Looking Around (Eng. Med.) 11877 30.00 3,56,310/-15. III Aas Pass (Hindi Medium) 185176 30.00 55,55,280/-16. IV Ganit Ka Jadu (Hindi Med.) 198309 30.00 59,49,270/-17. IV Math Magic (Eng. Medium) 10196 30.00 3,05,880/-18. IV Rim Zim (Hindi Language) 207837 30.00 62,35,110/-19. IV Marigold (Eng. Language) 207202 30.00 62,16,060/-20. IV Hamara Bharat (Hindi Medium) 203171 13.00 26,41,223/-21. IV Aas Pass (Hindi Medium) 194592 30.00 58,37,760/-22. IV Looking Around (Eng. Medium) 11718 30.00 3,51,540/-

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23. V Ganit Ka Jadu (Hindi Med.) 211748 30.00 63,52,440/-24. V Rim Zim (Hindi Language) 211475 30.00 63,44,250/-25. V Marigold (Eng. Language) 213963 30.00 64,18,890/-26. V Hamari Duniya (Hindi Medium) 207712 18.00 37,38,816/-27. V Aas Pass (Hindi Medium) 209018 30.00 62,70,540/-

—————Total : 4170138 11,55,34,937/-

Rebate @ 20% (–) : 2,31,06,987/-—————

Net Amount : 9,24,27,950/-—————

Sd/- 8-10-12 Sd/-

J.C. JOSHI N.K. GHAISI (Plan/Purchase/MDM) Dy. Dir. of Edu. (Purchase)

ANNEXURE ‘B’

——————————————————————————————————————————Sr. Class Name of Book Total Cost of Total AmountNo. Book Each Book (in Rs.)

(in Rs.)——————————————————————————————————————————

1. I Riyazi Ka Jadu (Math Urdu Med.) 3686 30.00 1,10,580/-2. I Ibtedai Urdu (Urdu Language) 3906 30.00 1,17,180/-3. II Riyazi Ka Jadu (Math Urdu Medium) 4431 30.00 1,32,930/-4. II Ibtedai Urdu (Urdu Language) 4536 30.00 1,36,080/-5. III Riyazi Ka Jadu (Math Urdu Medium) 4492 30.00 1,34,760/-6. III Ibtedai Urdu (Urdu Language) 5888 30.00 1,76,640/-7. III Meri Dilli (Urdu Medium) 4640 12.00 55,680/-8. III Aas Pass (EVS) (Urdu Medium) 4492 30.00 1,34,760/-9. IV Riyazi Ka Jadu (Math Urdu Medium) 5158 30.00 1,54,740/-

10. IV Ibtedai Urdu (Urdu Language) 5763 30.00 1,72,890/-11. IV Hamara Bhorat (Urdu Medium) 5158 13.00 67,054/-12. IV Aas Pass (EVS) (Urdu Medium) 5147 30.00 1,54,410/-13. V Aao Hisab Seekhen (Urdu Medium) 5038 30.00 1,51,140/-14. V Ibtedai Urdu (Urdu Language) 6152 30.00 1,84,560/-15. V Hamari Duniya (Urdu Medium) 5038 18.00 90,684/-16. V Aas Pass (Urdu Medium) 5064 30.00 1,51,920/-

————Total : 78589 21,26,008/ -

Rebate @ 20% (–) : 4,25,202/ -————

Net Amount : 17,00,806/-————

Sd/- 8-10-12 Sd/-

J.C. JOSHI N.K. GHAISI (Plan/Purchase/MDM) Dy. Dir. of Edu. (Purchase)

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(ii) Resolution No. 26 of the Education Committee dated 27-11-2012.

Resolved that it be recommended to the Corporation through the Standing Committee that asproposed in the Commissioner’s letter No. F. 33/Edu./N.D.M.C./213/C&C dated 9-10-2012, formaladministrative approval/expenditure sanction amounting to Rs. 3,22,39,232/- under Head of AccountL-II-G-1 (2011-12) for purchase of text books for free distribution to the children studying in M.C.D.schools during Academic Session 2012-13 along with the permission to make payment of the difference ofamount if any, in case any increase in the prices of the text books, is made by the Delhi Bureau of TextBooks an agency of Govt. of N.C.T. of Delhi, with retrospective effect, for free distributions of books tothe children studying in M.C.D.(Schools) during the Academic Session 2012-13, be accorded.

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.

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 Corporation

vide 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 TECHNOLOGY

IN 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 FORMATTherefore, the revised and simplified Policy of Trade Licence be placed before the

Corporation routed through Standing Committee for approval in this behalf as an item of Urgent Business.

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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.

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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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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(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.

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• 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.

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(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.

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(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

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(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.

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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

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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.

(Action : CVO, GNCTD)

3. CVC mentioned about the lack of leveraging of technology in Government of Delhi. Thisaspect should be attended to by CVO.

(Action : CVO, GNCTD)

4. CVC desired that technical audit of systems in transport department should beundertaken.

(Action : CVO, GNCTD)

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.

(Action : CVO, Railways)

3. The CVC observed that the seniority of the officials should not come in the way ofobjective analysis of the cases.

(Action : CVO, Railways)

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)

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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.

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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/-

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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/-

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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/-

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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

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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

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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/-

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[ 102 (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/-

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[ 103 (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/-

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[ 104 (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)

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[ 105 (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).

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[ 106 (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.

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[ 107 (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.

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[ 108 (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.

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[ 109 (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

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[ 110 (N) ]

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[ 111 (N) ]

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[ 112 (N) ]

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[ 113 (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

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[ 114 (N) ]

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[ 115 (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.

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[ 116 (N) ]

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[ 117 (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.

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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——————————————————————————————————————————

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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.

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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

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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.

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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 licence.

(15) The licensee shall keep the premises clean and will prevent accumulation of filth or refusetherein.

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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.

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

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 Postnatalwomen, 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.

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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 andalso 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.

Item No. 69 :— Grant of Non Functional Selection Grade (NFSG) to UDCs andStenographers.

Commissioner’s letter No. F. 33/CED/NDMC/369/C&C dated 20-12-2012.

The DOP&T vide its OM No. 20/49/2009-CS.II(B) dated 22-6-2011 (Annexure ‘A’), hasintroduced NFSG in Pay Band-2 + Grade Pay Rs. 4,200/- in respect of UDCs and Stenographer Grade‘D’ in the CSCS and CSSS cadres respectively. These instructions provide for placement in NFSG oncompletion of 5 years of approved service as UDCs/Stenographers Grade ‘D’ subject to the condition thatthe total number of placement in the grade will be restricted to 30% of the sanctioned strength. The otherconditions attached are formation of zone of consideration, constitution of an internal Committee to reviewthe cases and consideration of the last five years ACRs wherein the overall performance should be‘Good’.

2. It is pertinent to mention here that the Pay Scale in respect of UDC/Steno-Typist in NDMC issimilar to that of UDC I Cashier I Meter Inspector and Steno Typist of Delhi Jal Board, i.e., in Pay Band 1Rs. 5200-20200 + GP Rs. 2,400/-. On the analogy of the above said DOP&T OM, the Delhi Jal Board hasimplemented the same vide its Office Order No. 252(Min.) dated 14-8-2012 (Annexure ‘B’).

3. That the issue of adoption of these instructions in the erstwhile MCD has been examined indetail in consultation with the Finance Department and O&M Department. Finance has no objection if theCadre Structure, Pay Scale, Educational Qualification etc. and the hierarchy of UDC (CSCS) and Steno(CSSS) are similar with that of UDC and Steno Typist in MCD. Finance has also desired to place on filethe financial implications of the proposal. O&M, while making certain observations returned the file toCED for further necessary action.

4. The Pay Scale in respect of UDC/Steno-Typist in MCD is similar to that of UDC (CSCS) andStenographer Grade-D (CSSS), i.e., in Pay Band 1 Rs. 5200-20200 + GP Rs. 2,400/-. This is for thereason that 4(1) of Delhi Municipal Corporation Regulations, 1959 (conditions of service of MunicipalOfficers and other Municipal employees) stipulates as follows :—

“4.(1) Unless otherwise provided in the Act or these regulations, the Rules for thetime being in force and applicable to Government servants in the service of CentralGovernment shall, as far as may be regulate the conditions of services of municipalofficers and other municipal employees ..........”.

5. While it is not possible to work out the exact financial implications of the proposal since thepay drawn by the employees is different from each other, a statement indicating the staff strength of these

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cadres in the erstwhile MCD along with the approximate financial implication is attached(Annexure ‘C’). The financial implication comes to Rs. 1.42 crores per annum approximately.

6. It is, therefore, proposed that approval for creation of a new grade of UDC (NFSG) andSteno Typist (NFSG) in terms of Circular dated 22-6-2011 of DOP&T be accorded in the NDMC.

7. The matter may be placed before the Corporation routed through the Standing Committee, forapproval.

ANNEXURE ‘A’

No. 20/49/2009-CS.II (B)GOVEMMENT OF INDIA

MINISTRY OF PERSONAL, PUBLIC GRIEVANCES & PENSIONSDEPARTMENT OF PERSONNEL & TRAINING

3rd Floor, Lok Nayak Bhawan,Khan Market, New Delhi

dated 22nd June, 2011

OFFICE MEMORANDUM

Subject :— Creation of a new grade of UDC (NFSG) and Stenographer Grade ‘D’ (NFSG)in CSCS and CSSS respectively.

It has been decided to create a grade of UDC ‘Non Functional Selection Grade’ (NFSG) inCentral Secretariat Clerical Services (CSCS) cadre and Stenographer Grade ‘D’ (NFSG) in CentralSecretariat Stenographers’ Services (CSSS) Cadre in the grade pay of Rs. 4,200/- in Pay Band-2 withimmediate effect subject to the following conditions :—

(a) UDCs of CSCS and Stenographers Grade ‘D’ of CSSS Shall be eligible for placement inthe Non Functional Selection Grade on completion of 5 years of approved service asUDC/Stenographer Grade ‘D’ subject to the condition that the total number in the gradewill be restricted to 30% of the sanctioned strength (i.e. 1104 in the grade of UDC arid385 in Steno Grade ‘D’).

(b) The officials will be placed ill the Non Functional Selection Grade as per the followingprocedure.

(i) Department of Personnel and Training (DoP&T) will issue a Zone of Considerationfor placement of eligible officials in NFSG as per the Common Seniority List preparedand maintained by DoP&T in respect of UDCs of CSCS and Stenographers Grade‘D’ of CSSS.

(ii) An internal Committee will be constituted by the Cadre Units to review the cases ofofficials for placement in the Non Functional. Selection Grade and to make suitablerecommendations.

(iii) The Committee shall consider the last 5 years ACRs/APARs of the officials. TheCommittee should satisfy itself that the overall performance of the official is “GOOD”in the last 5 years ACRs/APARs. Such officials would be considered suitable forplacement in the ‘NFSG’.

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(iv) There should be no adverse entries in any ACR/APAR. If there are any adverseentries, it should be clearly brought out in the minutes as to why the official has beenproposed for Non Functional Selection Grade in spite of adverse entries. The minutesshould also include a certificate that there is no other factor or aspect affecting theofficial which will disqualify him/her for grant of ‘Non-Functional Selection Grade’.

(v) SC/ST officials considered for placement in their turn to the ‘NFSG’ may be includedin the Select List of ‘NFSG’ even if they do not fulfil the criteria as laid down inS. No. (iii) above, provided they are not found unfit by the Committee.

2. This issues with the concurrence of Department of Expenditure, Ministry of Finance vide theirU.O. No. 10/1/2010-IC dated 14-6-2011.

Sd/-

(RAJIV MANJHI)Deputy Secretary to the Govt. of India

Tel # 24622365

To,

Director/Deputy Secretary (Admn.) of all participating Cadre units of CSCS and CSSS.

ANNEXURE ‘B’

OFFICE OF THE ASSTT. COMMISSIONER (D)DELHI JAL BOARD : GOVT. OF NCT OF DELHI

VARUNALAYA, PH-II, KAROL BAGH, NEW DELHI

Office Order No. 252(Min.) dated 14-8-2012

Consequent upon the recommendations of Anomaly Committee and further approval ofCompetent Authority, the following are hereby circulated for strict compliance :—

1. To maintain the hierarchy in the cadre of Security Officer, the Grade Pay of Rs. 4,600/- isgranted to Deputy Chief Security Officer w.e.f. 1-1-2006.

2. To maintain the hierarchy in the cadre of Asstt. Bacteriologist/Asstt. Chemist &Bacteriologist/Chemist, the following Grade Pay is granted to Asstt. Bacteriologist/Asstt.Chemist & Bacteriologist/Chemist w.e.f. 1-1-2006.

———————————————————————————————————S. No. Name of post PB-2 + Grade Pay

———————————————————————————————————

1. Asstt. Bacteriologist/Asstt. Chemist Rs. 4,600/-

2. Bacteriologist/Chemist Rs. 4,800/-

3. A.C.W.A. Rs. 4800/- (Non Functional Grade pay ofRs. 5,400/- in PB-2 after completion of4 yrs. Regular service. The action in thisregard will be taken by the office of theAsstt. Commissioner(T) by conductingDepartmental Screening Committee)

———————————————————————————————————

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3. On the analogy of O.M. No. 20/49/2009-CS.II(B) dated 22nd June, 2011 issued by theMinistry of Personal, Public Grievances & Pensions, DoP&T, the competent authority hasgranted Non-Functional Selection Grade Pay of Rs. 4,200/- to UDCs working in DJBafter completion of 5 years regular service subject to condition that the total number in thegrade will restricted to 30% of the sanctioned strength i.e. 228 UDCs. The officials willbe placed in the Non Functional Selection Grade as per the procedure mentioned in theO.M. No. 20/49/2009-CS.II(B) dated 22nd June, 2011 issued by Ministry of Personal,Public Grievances & Pensions, DOP&T. Further, the action in this regard will be taken bythe office of the Asstt. Commissioner (D) by conducting Departmental ScreeningCommittee.

4. The Grade Pay of Rs. 2,400/- of Shift In-Charge/Electrician-1st class has been revised asRs. 2,800/- in PB-l w.e.f. 1-1-2006.

Sd/-(AMIT KUMAR JAIN)Asstt. Commissioner (D)

No. DJB/AC(D)/Anomaly Committee/2012/85187 Dated : Aug., 2012Copy for kind information to :—

1. PS to Chairperson/Vice-Chairman/Members of Delhi Jal Board.2. CEO/Member (Admn.)/Member(Fin.)/Member(WS)/Secretary, DJB/Addl. CEO/CVO.3. Dir. (A&P)/DOR/Director(RMS)/Dir. (F&A)/All Joint Directors (Revenue)/(Fin.).4. ACs/LO/EE(EDP)/Dy. Dir. (F&A)s/LWO/AO(F&G).5. All DDOs/AO(D)Esstt./OS(T)Esstt.

Sd/-(AMIT KUMAR JAIN)Asstt. Commissioner (D)

ANNEXURE ‘C’

Statement showing approx. financial implications of creation ofNFSG in the cadre of UDCs & Steno Grade-D

——————————————————————————————————————————Name of the post Total 30% of Financial implications

Sanctioned Sanctioned ————————————————————post strength per person Total Total

per month (per month) (per Annum)——————————————————————————————————————————UDC 1060 318 Rs. 3,255/- 10,35,090/- 1,24,21,080/-Stenographer, Grade-D 154 46 Rs. 3,255/- 1,49,730/- 17,96,760/-

—————Total = 1,42,17,840/-

—————

Pay Band 2 + G.P. 4,200/- Pay Band 1 + G.P. 2,400/- Diff.B.P. 9,300/- 9,040/-G.P. 4,200/- 2,400/-D.A. @ 58% 7,830/- 6,635/-

———— ———— ————Total : 21,330/- 18,075/- 3,255/-

———— ———— ————

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Item No. 70 :— Providing Security Services in Rajan Babu Institute for PulmonaryMedicine & Tuberculosis.

Commissioner’s letter No. F. 33/Health/NDMC/367/C&C dated 19-12-2012.

The Rajan Babu Institute of Pulmonary Medicine and Tuberculosis (Formerly RBTB Hospital)established in 1935 is 1155 beded hospital having more than 26 wards and biggest Hospital in Asia fortreatment of Tuberculosis and respiratory diseases. There are various sections like O.T., X-RayDepartment, Pathology Lab. PFT Lab. Physiotherapy Dept., OPD, KCC, Modern kitchen etc. Thehospital is situated between Kingsway Outram Line and Malik Pur Village & Model Town. There aremany exits and entrance gates in the hospital.

This is a proposal for providing of Private Security Services for RBIPMT (Rajan BabuInstitute for Pulmonary Medicine & Tuberculosis) under jurisdiction of NDMC. This institute is providingmedical facilities to the residents of Delhi, NCR and nearby States. The covered area of this hospital isvery large (Approx. 79 Acres) and having many entries and exits. The proposal is for one year fromcommencement of the work and that 2nd year renewal will be after satisfactory services and fulfilling theterms and conditions of the previous contract. The detail of the present required manpower for thesecurity services is as under :

S. No. Particulars Number

1. Security Supervisor 03 Nos.

2. Fire Safety Officer 01 No.

3. Security Guards 79 Nos.

At present the security services have been arranged from Directorate General of HomeGuards as interim arrangement which is valid up to 15-1-2013. (Ref. letter No. F. 54(141)/DSO(HQ)/HGHQ/8457-8475 dated 31-10-2012.

The vendor/agency registered with GNCT of Delhi under Delhi Private Security Agencies(Regulations) Rules, 2009 and Labour Department under contract Labour (R&A) Act, 1970 and DelhiWorks Contract (wherever applicable) will be accepted.

The wages of Security Guard as per minimum wages Act at present is Rs. 283/- per day(Semi Skilled) and Rs. 312/- per day for Supervisor and Fire Safety Officer (Skilled) to be revised fromtime to time by the Govt. of Delhi shall be payable.

The Finance has already concurred in the proposal. The expenditure will be met form Head ofAccount 44/1004 (Non Plan Head) for the years 2012-13 and 2013-14. Providing of security services willbe adopted by dual bid system (Techno bid & Commercial bid) through e-tendering, which will beevaluated by TEC and PEC (Technical Evaluation Committee and Price Evaluation Committee). Thetender document and terms and conditions has been approved by the board as well as vetted by the LawDepartment.

The proposal may be placed before the Corporation through Standing Committee for grantingadministrative approval and expenditure sanction for approx Rs. 1.20 crore per annum based on theprevailing rates under revision and the actual expenditure will depend upon the prevailing rates & revisedrates during the period of contract for providing security services in the hospital by adopting the codalformalities and tender procedure through e-tendering system for one year from commencement of thework and that 2nd year renewal will be after satisfactory services and fulfilling the terms and conditions ofthe previous contract.

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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

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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.

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(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”.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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,

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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.

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[ 155 (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 :

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[ 156 (N) ]

ON COMPANY LETTERHEAD

Date :

To,

The Commissioner,North Delhi Municipal Corporation,Delhi.

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

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[ 157 (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”.

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[ 158 (N) ]

ON COMPANY LETTERHEAD

To,

The Commissioner,North Delhi Municipal Corporation,Delhi.

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:

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PART ‘B’

Item No. 88 :— Lowering of G.T. Road near Tripolia Gate in front of R.P. Bagh in C-70/CLZ.

Commissioner’s letter No. F. 33/Engg./NDMC/315/C&C dated 30-11-2012.

The GNCTD has given the administrative approval amounting to Rs. 101.60 lacs vide theirletter No. F. 18(163)/A/UD/Plg./2011/Pt.File/17558-17561 dated 21-12-2011 under the plan scheme“Development works in Approved Colonies” i.e. under Head of Account XL-VIII-Z-A and expendituresanction has been obtained from the Hon’ble Mayor in anticipation approval of the Corporation videpreamble No. F. 33/Engg./NDMC/79/C&C dated 31-7-2012 amounting to Rs. 101.60 lacs with thefollowing provisions :—

——————————————————————————————————————————S. No. Description of Item Amount

——————————————————————————————————————————1. Lowering of G.T. Road near Tripolia Gate in front of R.P. Bagh in Rs. 86,25,400/-

C-70/CLZ

2. Electrical work @ 12.00% Rs. 10,35,000/-

3. Shifting of Services (L.S.) Rs. 5,00,000/-——————

Total : Rs.1,01,60,400/-——————

According to the provisions of the scheme a detailed estimate was prepared for lowering ofG.T. Road near Tripolia Gate and the same was technically sanctioned by competent authority amountingto Rs. 86,25,400/-. Draft NIT was also approved by the competent authority amounting to Rs. 55,15,133/-.Tenders were called vide NIT No. EE(Pr.)-I/CLZ/TC/2012-13/03 Item No. 4 dated 16-5-2012 due on4-6-2012 through E-tendering having tender reference No. 159725.

Due publicity was given through Noticeboard and also through Press as per details givenbelow :—

S. No. Newspaper Name Language Date of Advt.

1. Indian Express English 21-5-2012

2. Financial Express English 21-5-2012

3. Jansatta Hindi 21-5-2012

4. The Hindu English 21-5-2012

5. Amar Ujala Hindi 21-5-2012

6. Milap Urdu 21-5-2012

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[ 2 (N) ]

Twelve tenders were received online on the due date as per details given below :———————————————————————————————————————————

S. No. Name of Firm Rates Remarks——————————————————————————————————————————

1. M/s. Renu Construction Company @ 18.58% above E.M. Rs. 1,10,300/- deposited(MCD Class-I) vide G-8 No. 35309 dt. 6-6-2012

2. M/s. Ashok Kumar Gupta @ 24.99% above(MCD Class-III)

3. M/s. Shiva Constructions @ 26.18% above(MCD Class-III)

4. M/s. D.R. Builders @ 29.00% above(MCD Class-III)

5. M/s. Ram Niwas Goel @ 35.10% above(MCD Class-II)

6. M/s. Rakesh Kumar Goel @ 37.37% above(MCD Class-III)

7. M/s.Mohan Lal Gupta @ 39.39% above(MCD Class-II)

8. M/s. Ess Kay Construction Co. @ 43.78% above(MCD Class-I)

9. M/s. Sushil Construction Co. @ 45.09% above(MCD Class-II)

10. M/s. Jindal Enterprises @ 48.99% above(MCD Class-III)

11. M/s. Mendiratta Traders @ 49.50% above(MCD Class-III)

12. M/s. Suresh Brothers @ 53.00% above(MCD Class-I)

——————————————————————————————————————————

The justification of rates has been checked by the Planning Department as 46.02% above.The rates quoted by the lowest tenderer M/s. Renu Construction Co. @ 18.58% above are justified,reasonable as compared to the prevailing market rates and well within the justification, hencerecommended for acceptance.

M/s. Renu Construction Co. is a registered contractor with MCD in Class-I and entitled forworks upto Rs. 15.00 crores. The financial and technical performance of the contractor is stated to besatisfactory.

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[ 3 (N) ]

The total cost of this work comes to Rs. 65,39,845/-. The expenditure will be charged Head ofAccount XL-VIII-Z-A. The time of completion is six months and the rates are valid upto 3-12-2012. Theyear-wise likely expenditure is as under :—

2012-13 Rs. 10,00,000/-

2013-14 Rs. 55,39,845/-

Finance has seen and concurred in the proposal for placing it before the competent authority.

The case may be placed before the Standing Committee for approval of rates and agency infavour of M/s. Renu Construction Co. @ 18.58% above against the justification worked out by thePlanning Department @ 46.02% above with contractual amount of Rs. 65,39,845/- under Head ofAccount XL- VIII-Z-A and to authorize the Commissioner to enter into the agreement with lowesttenderer as per NIT condition as required u/s 202 (c) of D.M.C. Act, 1957 (amended to date).

Item No. 89 :— Remodelling and construction of RCC. Drain of Jahangirpuri Colony/CLZ.

Sub-Head :— Construction of RCC Drain & Footpath along dividing road of Jahangirpuri Colonyand Mahindra Park from Shah Alam Bandh Road in Main Road of JahangirpuriColony in CLZ.

Commissioner’s letter No. F. 33/Engg./NDMC/316/C&C dated 30-11-2012.

The right of way of this road 13.00 meter and the length is 350.00 meter from Rasilla Paint toShah Alam Bandh Road Jahangirpuri Colony. The existing drainage system on both sides of road isinadequate causing overflow regularly. Further it is also in deteriorated condition and missing at severalplaces causing damages the road surface. Accordingly the estimate amounting to Rs. 1,80,00,700/- wasframed to cover the cost of above work and same was administratively approved and expendituresanctioned from the Corporation vide Resolution No. 173 dated 15-6-2010.

According to the provisions of the scheme a detailed estimate was prepared for constructionof RCC drain and the same was technically sanctioned by competent authority amountingto Rs. 1,91,53,100/-. Draft NIT was also approved by the competent authority amounting toRs. 1,25,34,850/-. Tenders were called vide NIT No. EE(Pr.)-I/CLZ/TC/2012-13/04 Item No. 2 dated16-5-2012 due on 4-6-2012 through E-tendering having tender reference No. 159727.

Due publicity was given through Noticeboard and also through Press as per details givenbelow :—

S. No. Newspaper Name Language Date of Advt.

1. The Hindu English 21-5-2012

2. Dainik Jagran Hindi 21-5-2012

3. Hindustan Times English 21-5-2012

4. Roznama Rashtriya Sahara Urdu 21-5-2012

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[ 4 (N) ]

Six tenders were received online on the due date as per details given below :———————————————————————————————————————————

S. No. Name of Firm Rates Remarks——————————————————————————————————————————

1. M/s. Sharwan Kumar Aggarwal @ 33.00% above E.M. Rs. 2,50,700/- deposited(MCD Class-I) vide G-8 No. 24200 dt. 6-6-2012

2. M/s. Ram Niwas Goel @ 35.10% above(MCD Class-II)

3. M/s. Sushil Const. Co @ 38.16% above(MCD Class-II)

4. M/s. Rama Const. Co. @ 47.47% above(MCD Class-I)

5. M/s. Ramesh Const. Co. @ 54.00% above(MCD Class-I)

6. M/s. Suresh Brothers @ 54.00% above(MCD Class-I)

——————————————————————————————————————————

The justification of rates has been checked by the Planning Department as 48.68% above.The rates quoted by the lowest tenderer M/s. Sharwan Kumar Aggarwal @ 33.00% above are justified,reasonable as compared to the prevailing market rates and well within the justification, hencerecommended for acceptance.

M/s. Sharwan Kumar Aggarwal is a registered contractor with MCD in Class-I and entitledfor works upto Rs. 15.00 crores. The financial and technical performance of the contractor is stated to besatisfactory.

The total cost of this work comes to Rs. 1,66,71,351/-. The expenditure will be charged Headof Account XL-I-B-V. The time of completion is six months and the rates are valid upto 3-12-2012.The yearwise likely expenditure is as under :—

2012-13 Rs. 10,00,000/-

2013-14 Rs. 1,56,71,351/-

Finance has seen and concurred in the proposal for placing it before the competent authority.

The case may be placed before the Standing Committee for approval of rates and agency infavour of M/s. Sharwan Kumar Aggarwal @ 33.00% above against the justification worked out by thePlanning Department @ 48.68% above with contractual amount of Rs. 1,66,71,351/- under Head ofAccount XL-I-B-V and to authorize the Commissioner to enter into the agreement with lowest tenderer asper NIT condition as required u/s 202 (c) of D.M.C. Act, 1957 (amended to date).

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[ 5 (N) ]

Item No. 90 :— Construction of Double Storey CTC after demolition the existing structure in front ofMubarak Bagh Depot in Model Town in C-72/CLZ.

(i) Commissioner’s letter No. F. 33/Engg./NDMC/224/C&C dated 15-10-2012.

Area MLA Sh. Kunwar Karan Singh alongwith higher officials of MCD, visited the above siteand desired that the existing CTC which is in a very dilapidated condition needs immediate improvement.Letter has also been received form S.S. (CLZ) recommending to construct two storey toilet block.

Accordingly the site plan was sent to the Architect Department for drawing, which wasreceived in this office vide their letter No. DA/RCH/COM/131 dated l-2-2012. The detailed estimatebased on DSR 2007 has been prepared and duly checked by S.W.-IV amounting to Rs. 34,80,000/- andthe same has been technically sanctioned by the competent authority. The above proposal does not includethe electrical services. The proposal envisaged demolition of existing building. However, the serviceablematerial will be deposited in the Mpl. Store.

The Area MLA is pressing hard for early execution of work as the work is urgently requiredat site. Hence competent authority has accorded the permission to call the tender in anticipation of theadministrative approval and expenditure sanction from the Ward Committee (CLZ). Draft NIT was alsoapproved by the competent authority amounting to Rs. 22,24,308/-. Tenders were called vide NITNo. EE(Pr.)-I/CLZ/TC/2012-13/09 dated 5-6-2012 due on 15-6-2012 through E-tendering having tenderReference No. 160545.

Three tenders were received online on the due date as per details given below :———————————————————————————————————————————

S. No. Name of Firm Rates Remarks——————————————————————————————————————————

1. M/s. Shiv Shankar Gupta @ 30.10% above E.M. Rs. 44,500/- deposited vide(MCD Class-III) G-8 No. 35328 dt. 18-6-2012

2. M/s. Mendiratta Traders @ 34.99% above(MCD Class-III)

3. M/s. Anil Const. Co. @ 48.96% above(MCD Class-III)

——————————————————————————————————————————

The justification of rates has been checked by the Planning Department as 38.48% above.The rates quoted by the lowest tenderer M/s. Shiv Shankar Gupta @ 30.10% above are justified,reasonable as compared to the prevailing market rates and well within the justification, hencerecommended for acceptance.

M/s. Shiv Shankar Gupta is a registered contractor with MCD in Class-III and entitled forworks upto Rs. 90.00 lacs. The financial and technical performance of the contractor is stated to besatisfactory.

The total cost of this work comes to Rs. 28,93,825/-. The expenditure will be charged Head ofAccount XL-III-D-IV. The time of completion is four months and the rates are valid upto 14-11-2012.

Finance has seen and concurred in the proposal for placing it before the competent authority.

The case may be placed before the Standing Committee through Ward Committee, Civil LinesZone for accord of administrative approval and expenditure sanction amounting to Rs. 34,80,000/- and alsoto accord the approval of rates and agency in favour of M/s. Shiv Shankar Gupta @ 30.10% above

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[ 6 (N) ]

against the justification worked out by the Planning Department @ 38.48% above with contractual cost ofRs. 28,93,825/- under Head of Account XL-III-D-IV and to authorize the Commissioner to enter into theagreement with lowest tenderer as per NIT condition as required U/s 202 (C) or D.M.C. Act, 1957(amended to date).

(ii) Resolution No. 12 of Wards Committee (CLZ) dated 23-11-2012.

Resolved that it be recommended to the Standing Committee that proposal of theCommissioner as contained in his Letter No. F. 33/Engg./NDMC/224/C&C dated 15-10-2012 regardingapproval of rates and agency in favour of M/s. Shiv Shankar Gupta at his rates @ 38.48% above, beaccorded.

Further resolved that as proposed in Commissioner’s F. 33/Engg./NDMC/224/C&C dated15-10-2012 administrative approval and expenditure sanction amounting to Rs. 34.80 lacs, be accorded.

Item No. 91 :— Grant of 3rd Financial Upgradation to the eligible Senior Auditors under ModifiedAssured Career Progression Scheme.

MCA’s letter No. F. 33/MCA/Admn./PCA/3-142 (Vol.-I) 708 dated 5-12-2012.

The Corporation vide Resolution No. 829 dated 3-1-2011 has approved the implementation ofModified Assured Career Progression Scheme (MACPS) w.e.f. 1-9-2008 for MCD employees. As perthe Modified Assured Career Progression Scheme there shall be three financial upgradations counted fromthe direct entry grade on completion of 10, 20 and 30 years regular service respectively. The financialupgradation is also available whenever a Government servant has spent 10 years continuously in the samegrade pay. Accordingly, the following four Senior Auditors presently drawing Grade Pay of Rs. 4,200/- inPay Band 2 : Rs. 9300-34800 have become eligible for grant of 3rd Financial Upgradation under theMACP Scheme with effect from the dates mentioned against each as they have completed 30 years’continuous service as per details given below :———————————————————————————————————————————

S. Name of the Official Date of Date of Date from AdmissibleNo. entry in to completion which 3rd Grade Pay in

service of 30 years’ Financial Pay Band 2 :continuous Up-gradation Rs. 9300-34800

service under on 3rd FinancialMACP Upgradation

Scheme is under MACPS/Sh./Smt. admissible Scheme

——————————————————————————————————————————1. Ashok Kumar Saxena, Sr. Ar. 03-03-1971 02-03-2001 01-09-2008 Rs. 4,600/-

2. Bhagat Ram, Sr. Ar. 28-04-1980 27-04-2010 28-04-2010 Rs. 4,600/-

3. Lekh Ram, Sr. Ar. 06-03-1982 05-03-2012 06-03-2012 Rs. 4,600/-

4. Ram Prakash Malhotra, Sr. Ar. 28-08-1982 27-08-2012 28-08-2012 Rs. 4,600/-——————————————————————————————————————————

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[ 7 (N) ]

The Screening Committee after considering the Annual Confidential Reports and otherrelevant record of the above named officials has recommended the names of the following three officialsfor grant of 3rd Financial Upgradation under the MACP Scheme :—

1. Shri Bhagat Ram, Senior Auditor.

2. Shri lekh Ram, Senior Auditor.

3. Shri Ram Prakash Malhotra, Senior Auditor.

As per Para 17 of the MACP Scheme for upgradation in Pay Band 2 and Pay Band 3, theBenchmark of “Good” is applicable till the grade pay of Rs. 6,600/-. In the case of Shri Ashok KumarSaxena, Senior Auditor, the official has three ‘Average’ ACRs during the last five year. Therefore, hisname has not been recommended for 3rd Financial Upgradation under the MACP Scheme by theScreening Committee.

As per this office record, no RDA is pending against any of the above officials and none isgoing under currency of punishment.

The office of the Chief Auditor is still functioning as combined Audit Office for North, Southand East Delhi Municipal Corporations. Therefore, being the lead Corporation, the Standing Committee ofNorth Delhi Municipal Corporation is requested to approve the grant of 3rd Financial Upgradation underMACP Scheme to the following Senior Auditors with effect from the dates and with admissible Grade Paymentioned against each as detailed below :———————————————————————————————————————————

S. Name of the Official Date of Date from AdmissibleNo. completion which 3rd Grade Pay in

of 30 years’ Financial Pay Band 2 :continuous Up-gradation Rs. 9300-34800

service under on 3rd FinancialMACP Upgradation

Scheme is under MACPS/Sh./Smt. admissible Scheme

——————————————————————————————————————————1. Bhagat Ram, Sr. Ar. 27-04-2010 28-04-2010 Rs. 4,600/-

2. Lekh Ram, Sr. Ar. 05-03-2012 06-03-2012 Rs. 4,600/-

3. Ram Prakash Malhotra, Sr. Ar. 27-08-2012 28-08-2012 Rs. 4,600/-

——————————————————————————————————————————

Item No. 92 :— Imp. and Strengthening of 13.50 and 9.15 meter ROW Road, Deepali, C-60/RZ.

Sub-Head :— Stg. of carriageway by RMC & Imp. of drainage system.

Commissioner’s letter No. F. 33/Engg./NDMC/348/C&C dated 7-12-2012.

A detailed estimates amounting to Rs. 2,82,01,300/- has been administratively approval andexpenditure sanctioned by the Ward Committee under H/A : L.A. Road (Annexure-A). Accordingly, thedetailed estimate amounting to Rs. 2,82,01,300/- Based on DSR 2007 and approved rate of MCD and adraft NIT amounting on Item Rate has been got technically sanctioned by the Competent Authority.

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[ 8 (N) ]

Tenders amounting to Rs. 2,19,03,914/- for the said work were called on percentage ratesbasis vide NIT No. 05/EE/(MRZ)-1/12-13 Item No. 02 dated 23-7-2012 due on 13-8-2012 after circulatingthe copies of NIT in various offices and through e-tendering.

A scheme amounting to Rs. 2,82,01,300/- has been approved by Hon’ble L.G. of Delhi videapproval accorded through Principal Secretary (U.D.) order dated 7-2-012. The scheme has been dulynotified by S.E. (Planning) vide No. D/160/Notification/L.A./E.E.(Pldg.)-1/2012-13 dated 5-7-2012 forprocessing the same under Head of Account : L.A. Road, the following provision exist in the scheme :—

ABSTRACT OF COST——————————————————————————————————————————

S. Description of item AmountNo. (in Rs.)

——————————————————————————————————————————1. Strengthening of carriageway 2,37,63,700/-

2. Improvement to drainage system 51,18,700/-

3. Lump sum provision for signboard and road marking 2,00,000/-

4. Lump sum provision for street light 2,00,000/-

5. Lump sum provision for horticulture 5,00,000/-—————

Total : 297,82,400/-—————

Say Rs. 297.82 lacs.

Accordingly, the tenders were invited vide NIT No. 05/EE(MRZ)-1/12-13 Item No. 2 dated23-7-2012 due on 13-8-2012 after sending the copies of NIT to the various offices of MCD and contractorassociation along with due publicity on the websites i.e. http://mcdetenders.com and in followingnewspapers. Due publicity was given through Noticeboard and also through Press as per details givenbelow :—

S. No. Name of Newspapers Language Published on

1. Times of India English 28-7-2012

2. Indian Express English 28-7-2012

3. Statesman English 28-7-2012

4. Economics Times English 28-7-2012

5. Navbharat Hindi 28-7-2012

6. Dainik Jagran Hindi 28-7-2012

7. Punjab Kesari Hindi 28-7-2012

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[ 9 (N) ]

Twenty tenders were sold and out of which fourteen tenders received. The rates offered bythe tenderers are as under :———————————————————————————————————————————

S. Name of Tenderer Rates RemarksNo. Received

——————————————————————————————————————————1. M/s. Goela Associates @ 1.91% above Earnest money of Rs. 4,38,100/-

Deposited vide G- 8 No. 035259 Dated13-8-2012 & P.O. No. 090377/2-8-2012

2. M/s. Ram Karan Goel @ 21.42% above Earnest money deposited through DD/Pay Order and refunded.

3. M/s. Jai Bhagwan @ 19.24% above Earnest money deposited through DD/Pay Order and refunded.

4. M/s. Tejpal Singh @ 9.48% above Earnest money deposited through DD/Pay Order and refunded.

5. M/s. Chinar Promoters @ 6.73% above Earnest money deposited through DD/Pvt. Ltd. Pay Order and refunded.

6. M/s. Ram Niwas Goel @ 17.19% above Earnest money deposited through DD/Pay Order and refunded.

7. M/s. Ramesh Constn. Co. @ 29.50% above Earnest money deposited through DD/Pay Order and refunded.

8. M/s. Shubhi Engineers & @ 13.92% above Earnest money deposited through DD/Contractors Pay Order and refunded.

9. M/s. Satish Chand @ 35.36% above Earnest money deposited through DD/Rajesh Pay Order and refunded.

10. M/s. Sanjay Constn. Co. @ 27.23% above Earnest money deposited through DD/Pay Order and refunded.

11. M/s. Sushil Constn. Co. @ 29.10% above Earnest money deposited through DD/Pay Order and refunded.

12. M/s. Essco Traders @ 44.15% above Earnest money deposited through DD/Pay Order and refunded.

13. M/s. Ess Kay Constn. Co. @ 33.32% above Earnest money deposited through DD/Pay Order and refunded.

14. M/s. Mohan Lal Gupta @ 24.90% above Earnest money deposited through DD/Pay Order and refunded.

——————————————————————————————————————————

Justification of rates has been worked out by the Department, which comes to @ 53.81%above. The lowest tenderer, M/s. Goela Associates has quoted the rates @ 1.91% above. The quotedrates of the lowest tenderer, M/s. Goela Associates @ 1.91% above were considered reasonable & wellwithin the justification of rates. Hence, recommended for acceptance.

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M/s. Goela Associates is a registered contractor under Class-I/M.C.D. and is eligible totender for this work. Their financial as well as technical capability has been found to be satisfactory in therecent past. The firm is not blacklisted/debarred as on date. The contractual amount of the work comes toRs. 2,23,22,057/-. The time of completion of the work is 12 months to be reckoned from the 10th day afterissue of the work order. The extended validity of rates are available upto 12-2-2013. The expenditure isproposed to be charged under Head of Account : L.A. Road.

Finance has seen and concurred in the proposal.

Being ALR Case 100% test check by AE & 50% test check by EE may be carried out.

The case may be placed before the Standing Committee for approval of rates & agency underSection 202 (C) of DMC Act, 1957 (Amended upto date) in favour of M/s. Goela Associates at his quotedrates @ 1.91% above against the justification of rates @ 53.81% above the estimate rates with acontractual amount of Rs. 2,23,22,057/- under H/A : L.A. Road to authorized the Commissioner/NDMC toenter into contract with the lowest tenderer as per terms of NIT.

Item No. 93 :— Variation in contractual amount for implementation of Project “Construction of MultilevelUnderground Car Parking at Parade Ground, Subhash Marg, City Zone”.

Commissioner’s letter No. F. 33/Engg./NDMC/324/C&C dated 5-12-2012.

Municipal Corporation of Delhi has accorded administrative approval and expenditure sanctionto the scheme amounting to Rs. 594.93 crores vide Resolution No. 96 dated 2-6-2008 under H/A-93-3018. This proposal includes the provision for construction of 24 multilevel car parking in green area. Thename of Shahid Park Car Parking was included in approved list of 24 Car parkings. Considering theredevelopment plan of Chandni Chowk and Jama Masjid it is essentially required that a car parking beprovided at Parade Ground. Accordingly the permission of charige of site from Shahid Park to paradeGround was accorded vide Resolution No. F. 33/Engg./1713/C&C dated 8-12-2009. The work underreference was awarded to SMS Infrastructure Ltd. vide this office work order no EE (Pr.)CZ/2009-10/21/dated 22-1-2010 with the contractual cost of Rs. 52.83 crore under H/A 93-3018. M/s. MeinhardtSingopore Ltd. has been engaged as project management consultant for this work. This work includes theprovision of electrical and fire fighting works also in addition to civil work. The contractor has completedthe civil works and electrical works are in progress. It has been observed that there are some variation/deviation in most of the electrical items due to following reasons :—

(1) Suggestions made by Fire Department for fire fighting scheme vide their Reference No.F. 6/DFS/MS/BP/2011/1710 dated 26-7-2011 (copy enclosed).

(2) The tender was received for execution of car parking project at Shaheed Park on BSZMarg based on BOQ prepared by M/s. Meinhardt Singopore Ltd. After that the work wasawarded for execution of project at Parade Ground on pre-assumption of the identicalquantities of earlier BOQ but the quantities are on excess side during execution.

Due to these facts, there seems variation/deviation in execution of electrical items beyond theprovision in original tender schedule. Accordingly, M/s. Meinhardt Singopore Ltd. has prepared the

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comparative statement of electrical items based on original tender schedule and requirement for executionat site with the variation of Rs. 4.39 crore beyond contractual amount as detailed below (figure in lacs) :———————————————————————————————————————————

S. Description As per As per site VariationNo. Contract requirement (in excess)

——————————————————————————————————————————1. Electrical works 422.03 675.59 253.56

2. Water Supply Works 8.46 8.46 —

3. Drainage Works 22.18 22.18 —

4. Rain Water Harvesting System Works 2.32 2.32 —

5. Sanitary Installation Works 3.07 3.07 —

6. HV AC works 372.38 503.07 130.69

7. Fire fighting works 155.16 209.69 54.53——————————————————————————————————————————

Total 985.60 1424.38 438.78——————————————————————————————————————————

This amount has been assumed as Rs. 5.00 crore considering the variation/deviation forexecution requirement to construct the additional civil and electrical works with the proposed contractualamount of Rs. 57.83 crore only. The excess expenditure is proposed to be charged under compositeadministratively sanctioned scheme amounting to Rs 549.53 crore by Corporation.

CA-cum-FA has seen and concurred the proposal.

The case may be placed before Standing Committee North DMC to accord for approval ofrevised contractual amount of Rs. 57.83 crore in favour of M/s. SMS Infrastructure Ltd. within theparameter of Contract No. EE (Pr.)CZ/2009-10/21/dated 22-1-2010 alongwith variation/deviation in quan-tities of civil and electrical items under H/A 93-3018.

ANNEXURE

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHIHEADQUARTERS : DELHI FIRE SERVICE : NEW DELHI-110001

No. F. 6/DFS/MS/BP/2011/1710 Dated : 26-7-2011

To

The Executive Engineer (Project),MCD, City Zone, Asaf Ali Road,MCD Parking, Delhi.

Subject :— Approval of Building Plans in R/o Underground Parking multilevel Car Parking atPrade Ground Delhi from Fire safety point of view.

Sir,

With refer to your letter No. D/EE Pr.(CZ)/2046 dated 11-7-2011 on the subject cited above, itis inform you that the building plans in respect of proposed buildings have been scrutinized by thisdepartment from fire safety point of view and observation that there is a proposal to construct anUnderground Car Parking on a total plot area measuring 14000 sqm. The proposed building will becomprised of ground floor (657.994 sqm.) and 03 tier basement with covered area measuring 7768 sqm,7762 sqm and 7988 sqm at 1st basement, 2nd basement & 3rd basement respectively.

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The builing is proposed to be provided with fire protection arrangements such as Hose Realhose, wet riser system, Automatice Sprinkler System in entire basement, Mannual Call Points, Detectionsystem, Overhead water tank, Underground tank, Fire Pumps, Partable Fire Extiuguishers, D.G. Set. ExitSigns, Rireman’s lift grounding switch, Compartmentation and yard hydrants from fire safety point of view.Open set back area is not checked as it shall be checked by concerned building sanctioning authority.

There is no objection to this department for the construction of the said building subject to thecompliance of the following fire safety recommendations :—

1. Access to building :—The plots on Red Fort Ground and the building is accessiblethrough 06mtr wide gate. The entrance gate shall fold back against the compound wall ofthe premised thus leaving the exterior access way with in the plot, for free movement offire service vehicles, if an arch or covered gate is constructed, it shall have a clear headroom of not less than 5mtr.

2. Number, Width, Type and Arrangement of Exits :—There are total 6 Nos. ofstaircases with width of 1.5 mtr. each, 2 Nos. of lift for 3rd basement to ground, 1 car liftand 2 Nos. Ramps from 3rd basement to ground floor also proposed to be provided whichmeets the requirement.

The staircase of the basement shall be of enclosed type having fire resistance ofnot less than 2 hrs and shall be situated at the periphery of the basement to be entered atground level only from the open air and in such a position that smoke from any fire in thebasement shall not obstruct any exit serving the ground and upper stories.

3. Protection of exits by means of fire check doors and or pressurization :—The firecheck doors of minimum 2hrs fire resistance rating shall be provided as marked onbuilding plans. Pressurization system for staircases, lift well and lift lobbies or corridorsshall be installed as per NBC Part IV.

4. Compartmentation :—The building shall be suitably compartmentalized so that the fire/smoke remain confined to the area where fire incidents have occurred and does notspread to the remaining part of the building. Compartmentation shall be achieved bymeans of water curtain as marked on the plans :—

(a) The services, standby generator store etc. must be segregated from other by erectingfire-resisting wall of not less than 4 hours rating. Each of the compartments must beindividually ventilated and the opening for entry into each of these compartments mustbe fitted with self-closing fire/smoke check doors of not less than one hour fire ratingfitted with magnetic latches.

(b) All electic cables ducts and shafts shall be properly sealed at all floors with fireresisting material of similar rating. These shafts shall be minimum 2 hours fire rating.

(c) Under no circumstances, two services shall pass through the same shaft, i.e. seperateshaft be used for different purpose.

(d) The entry to the staircase from all levels shall be segregated with a self-closing fire/smoke check door of not less than 2 hour fire resistance rating. All vertical andhortizontal openings at each floor level in entire building shall be sealed properly withthe non-combustile material. Wherever false ceiling/suspanded ceilling is provided, thesame shall be of non-combustile in nature and that the compartmentation shall beextended up to ceilling level.

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5. Smoke Management System :— Smoke venting facilities shall be provided as perNBC Part-IV, Fire and Life Safety. Mechanical extractors shall have an interlockingarrangements and the system shall be of such design as to operate on actuation of heat/smoke sensitive detectors or sprinklers. Smoke extractor system shall be designed topermit 30 air changes per hour in case of fire in basement. A system of fresh air supplyshall be provided at floor level land smoke outlet at ceiling level. Following points shall beensured :—

(a) All ducting shall be constructed of substantial gauge metal conforming to IS : 655. Airduct serving main floor areas, corridors etc. shall not pass through the staircasesenclosures.

(b) Automatic fire dampers shall be provided in the ducts at the inlets of the fresh air andreturn air of each compartment/floor.

(c) Automatic fire dampers shall be closed automatically upon operation of a detector/sprinkler.

(d) The air ducts for every floor/compartment shall be separated. In no way inter-connected with the ducting of any other compartment.

(e) Under no circumstances plenum shall be used as “Return Air Passage” for airconditioning purposes.

6. Fire Extinguishers :— The portable fire extinguishers of ISI mark suitable to risk shallbe provided and maintained in accordance with IS-2190/1992.

7. First ald Hose Reel :— Hose reel hose containing 30mtr of length of 20 mm boreterminating into a shut-off nozzle of 5 mm outlet connected directly to riser shall beprovided. This shall conform to IS : 884/1998.

8. Automatic Fire Detection and Alarming Systems :— The automatic fire detectionsystem (smoke/heat) shall be provided in all areas of the building. The system shall beconnected to fire alarm system and shall confirm to IS : 2189/1999.

9. Manually operated fire alarm system :— Manually call points (MCP) shall beprovided near to escape point and the same shall be confirm to IS-2189/1999.

10. Public Address System :— Not applicable.

11. Automatic Sprinkler Systems :— The Automatic sprinkler system shall be installed inentire basements in accordance with IS-15105/2002 Flow alarm switch/gong bell shall beincorporated in the installation for giving proper indication/sound. The preasure gauge shallalso be provided near the testing facility. The entire system including pump capacity &head, size of pipe network, orifice plate etc. shall be provided in accordance with therelevant code. Fire service inlet shall also be provided at ground floor level accessible tofire engine. Testing/flushing facilities shall be provided.

12. Internal Hydrant and Yard Hydrant :— Total 5 Nos. wet riser system shall be providedin the building as per IS 3844-1989. Hose box of suitable dimension shall be provided neareach internal hydrant. Its design shall be such that it can be readily opened in anemergency. Each box shall contain two lengths of 63 mm diameter, 15m length, rubberlined delivery hoses conforming to IS : 636 coplete with 63 mm instantaneous ocuplingconforming to IS : 903 with a nozzle of 16mm diameter. Total 8 Nos. of yard hydrantsshall be provided as marked on building plans.

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[ 14 (N) ]

13. Pumping Arrangements :— Two number of electrical driven pumps (one for wet riser/hydrant system capacity 2280lpm with head 55 mtr and one for sprinkler system capacity2850lpm with pump head 40mtr), one standby diesel engine driven pump of 2850lpmcapacity with pump head 55 mtr, 2 jockey pumps capacity 220lpm & 280lpm respectivelyshall be provided. As proposed & discussed 1 separate pump capacity 4500lpm with pumphead 40mtr for water certain shall also be provided. All the pumps shall be automatic inoperation.

14. Captive Water Storage for Fire Fighting :— The underground water storage tank of2,00,000ltrs. capacity as proposed and marked in the plan shall be provided for fire fightingonly. The replenishment through bore well or from the town main be ensured @ 1000LPM. This shall confum to the requirements given in National Building Code of IndiaPart-IV. An additional Overhead tank having 10,000 ltrs. capacity shall be provided on theterrace for fire fighting only. The underground water storage tank shall be approachableby the fire engine. Draw off connection/fire service inlet shall be provided as per NBCPart-IV.

15. Exit Signage :— Exit signs shall be provided in the building at appropriate locations.Floor level marking all exits and exit way marking signs in entire complex must beilluminated and wired to independent circuit supplied by alternate source of power supply.Wiring for the illuminated exit signs shall be suitably protected Against fire illuminated/glowing strips/paint shall be provided at each level to guide the direction for escapingtowards a safe place. The size and color of the exit signs shall be as per IS 9457-1980.

16. Provision of Lifts :— Total 4 Nos. of lift are provided in the building which iscommunicating between basements to ground. The lift shall be equipped with a fireman’sgrounding switch so that, it is possible to ground the lift during a fire/emergency. In caseof failure of normal supply, it shall automatically trip over to the alternate supply. Suitableslope in the floor of lift lobby shall be made to prevent water, used during fire fighting etc.at any landing, from entering into lift shaft. All other conditions and provisions shall beprovided strictly in accordance to Clause C-l.5 (a to q) of National Building Code of IndiaPart-IV.

17. Standby Power Supply :—Emergency lighting, exit signs, staircase and corridor lightingcircuit, lift, fire pumps, smoke extraction system and pressurization shall be powered froman additional source of power supply like generator/battery backup/ inverted and shall beautomatic in action.

18. Refuge Area :—Not applicable.

19. Fire Control Room :—Not applicable.

20. Special Fire Protection Systems for Protection of Special Risk :— The electricsub-station if constructed, installation of Transformer, LT & HT panels shall be as per theprovisions specified by the Electrical Authority. However, the following points shall befollowed :—

(a) The HT & LT panels shall be separated with the walls of 2 hours fire resistancerating. It is necessary to separate shield wall extending up to the one meter on sidesabove the highest point of the transformer.

(b) The electrical distribution cables/wiring shall be laid in a separate duct. The duct shallbe sealed at every floor with non combustible materials having the same fire resist-ance as that of the duct. Low and medium voltage wiring running in shaft and in falseceiling shall run in separate conduits.

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(c) Water mains, telephone lines, intercom lines, gas pipes or any other service line shallnot be laid in the duct for electrical cables; use of bus ducts/solid rising mains insteadof cables is preferred.

(d) Separate circuit for fire fighting pumps, staircases HOd corridor lighting and blowersfor pressurizing system shall be provided directly from the main switch gear panel andthese circuits shall be laid in separate conduit pipes, so that fire in one circuit will notaffect the others.

(e) The inspection panel doors and any other opening in the shafts shall be provided withair tight doors having fire resistance of not less than 2hrs. The electric installationsshall be as per BIS 1646.

All the fittings/equipments shall be ISI Marked. The fire fighting equipment shall be suitablylocated and clearly marked by luminous signs. The aforesaid fire safety/fire conditions/directives shall becomplied With before the occupancy of the building under intimation to this department.

Yours faithfully

Sd/-

DIRECTORDelhi Fire Service

Encl :— Set of building plan.

Item No. 94 :— Grant of Earned Leave to Sh. Nand Kishore, IA&AS, Municipal Chief Auditor.

MCA’s letter No. MCA/Admn./PF/Ch. Ar./1-5/729 dated 12-12-2012.

Sh. Nand Kishore, IA&AS, Municipal Chief Auditor has requested for grant of Earned Leavefor eight days w.e.f. 17-12-2012 to 24-12-2012 prefixing 15th and 16th December, 2012 being Saturdayand Sunday respectively and suffixing 25th December, 2012 being gazetted holiday on account of availingLTC for the block year 2010-2013 to visit Goa. Sh. Nand Kishore is on Foreign Service from Indian Audit& Accounts Service and leave applied for is admissible to him.

The office of the Chief Auditor is still functioning as a combined Audit Office for North, Southand East Delhi Municipal Corporations. Therefore, being the lead Corporation, approval of the StandingCommittee of North Delhi Municipal Corporation for grant of eight days’ Earned Leave w.e.f. 17-12-2012to 24-12-2012 prefixing 15th & 16th December, 2012 and suffixing 25th December, 2012 to Shri NandKishore, IA&AS, Municipal Chief Auditor is solicited.

Item No. 95 :— Sanction of Earned Leave to Shri Jagdeep Chiller Municipal Secretary.

Commissioner’s letter No. F. 33/CED/NDMC/351/C&C dated 13-12-2012.

Shri Jagdeep Chiller, Municipal Secretary has requested for sanction of Earned Leave w.e.f.17-12-2012 to 21-12-2012 due to personal work at home, prefixing & suffixing Saturdays & Sundaysfalling on 15th, 16th, 22nd & 23rd December, 2012.

Shri Girdhar Gopal, Asstt. Municipal Secretary shall look after the work of the MunicipalSecretary during the leave period of Shri Jagdeep Chiller, Municipal Secretary.

Since the Standing Committee is the Competent Authority to grant leave to MunicipalSecretary, under Regulation 5(b) of DMC Service Regulations 1959, the matter may be placed before theStanding Committee for sanction of Earned Leave w.e.f. 17-12-2012 to 21-12-2012 in favour of ShriJagdeep Chiller.

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Item No. 96 :— To organize every year a three days food festival in City Zone.

Resolution No. 8 of Wards Committee (City) dated 23-11-2012.

Resolved that the following resolution moved by Sh. Alle Mohd. Iqbal and seconded bySh. Imran Hussain, Ms. Surekha Gupta and Sh. Rakesh Kumar be approved and placed before StandingCommittee further necessary action :—

Since old time the residents of old Delhi has been fond of eating. These markets are famousfor eating items. Even at present. Their name famous all over the world. By accomplishing that traditionthe public representative of the area wants to organized a food festival for three days in old Delhi. Inwhich only residents of old Delhi took part so that the identity and dignity of old Delhi be uphold.

Therefore the meeting of Ward Committee has passed this resolution unanimously that everyyear three days food festival in city be organized so that the dignity of old Delhi may remain (be uphold).After passing unanimously the proposal may be sent to Standing Committee for further proceedings.

Item No. 97 :— For posting of security and valid gate pass at the main gate of City Zone.

Resolution No. 9 of Wards Committee (City) dated 21-12-2012.

Resolved that the following resolution moved by Sh. Alle Mohd. Iqbal and seconded bySh. Imran Hussain, Ms. Surekha Gupta and Sh. Rakesh Kumar be approved and placed before StandingCommitee further necessary action :—

Whereas the outsiders are passed to and fro without any obstruction in Zonal office. So manyoutsiders wander illegally in the office due to this the security of office is in danger and the officeinformation is also effected.

Therefore this meeting of Ward Committee passed the resolution unanimously that afterpassing the resolution of posting of security and valid gate pass at the main gate of city zone office may besent to Standing Committee for further proceedings.

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NORTH DELHI MUNICIPAL CORPORATION

(ENGINEERING DEPARTMENT)

No._F.33/Engg./NDMC/390/C&C Dated:-28.12.2012 From

The Commissioner, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg.

New Delhi To

The Municipal Secretary, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg.

New Delhi

Sub: Construction of 5 nos. class rooms, 1 store room, 1 computer room, 1 library

room, 1 science room, and 3 toilet block in M.C. Primary School, Garhi Rindhala after dismentling 11 nos of old existing class room in Narela Zone.

A requisition for Construction of 5 nos. class rooms, 1 store room, 1 computer room, 1 library room, 1 science room, and 3 toilet block in M.C. Primary School, Garhi Rindhala after dismentling 11 nos of old existing class room in Narela Zone was received from education department vide no. D/483/DEO/CW/EDN/05 dt. 18.10.2005 Accordingly, a Preliminary Estimate amounting to Rs.186.59 lacs was prepared and got duly checked from SE (P) for the said proposal on the basis of CPWD plinth area rates 2007 with prevailing cost index of 49% to level up the current market rates and 3% contingencies. The administrative approval and expenditure sanction to the same was accorded by the Corporation vide resolution No.663 dated 12.12.2011 Subsequently, a detail estimate amounting to Rs.1,71,85,000/- was prepared for the construction of above said building on the basis of DSR-2007 with the prevailing cost index of 49% to level up the current market rates and 3% contingencies. Online Tenders for the above noted work were called vide NIT No.2/1 dated 24.8.2012 which were due on 27.9.2012 for opening. The NIT was also published in the following news papers. Sr.No. Name of News Paper Language Dated Place 1. Times of India(Super Saver) English 24.08.12 Delhi

2. DainikJagran(All Edition) Hindi 24.08.12 Delhi

3. Daily Partap urdu 24.08.12 Delhi Total 59 nos. tenders were sold out of which 8 were received as per the comparative

statement given below.

Sr.No Name of Contractors Quoted Rates Earnest Money Part’A’ Part’B’ 1. M/s Sushil construction Co. @62.40%

above 10,000/- Deposited Rs.2,24,000/-

vide G.8No.51320 Dated 28.09.12

2. M/s Goela Associates @63.50% above

1000/-

3. M/s Nares Rai @63.99% above

Nil

4. M/s Rama Const.Co. @64.98% above

10,000/-

5. M/s J S Const Co. @65.00% above

50000/-

6. M/s Suresh Bros. @65.55% aboive

500/-

7. M/s Jyoti Const.Co. @65.56%above

1,00,000/-

8. M/s Ess kay Construction Co. @65.78% above

Nil

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The justification of rates worked out by the division and subsequently checked from

Planning Department came @ 60.63% above for Part ‘A’ and the reserve price for dismantling of the old existing structure as arrived by the department was of Rs 2,30,946/-for Part “B”. The quoted rates of the lowest tenderer M/s Sushil construction Co. for Part ‘A’ @ 62.40% and for Part ‘B’ of Rs. 10,000/-. The rates quoted for Part “A” were higher than the justification of rates and for Part ‘B’ is lower than the reserved price Rs. 2,30,946/- Accordingly, lowest tenderer M/s Sushil Construction Co. were called for negotiation on 18.10.2012, wherein M/s sushil Construction Co. reduced his rates from 60.63% above to 59.80% above for Part ‘A’ but CE-V opined that rates are still higher hence negotiation were once again conducted in the room of SE(Pr) Narela on 31.10.12 wherein M/s Sushil Construction Co. further reduced his rates from 59.80 to 59.60% above and for part ‘B’ also they agreed to pay the amount of Rs.2,30,946/- the reserve price which will be deducted from the 1st running bill payable to them. The negotiated rates are considered reasonable and are well within the justification of rates and hence are recommended for acceptance.

M/s Sushil Construction Co. is a registered contractor in Class-I with MCD and eligible to

tender for this work. Their financial as well as technical capability is reported to be satisfactory. They were not black listed/debarred at the time of purchase of tender. The contractual amount of the work comes to Rs.1,78,71,101/-. The expenditure of the work will be charged under head of account XL-VII-Education. The time of completion of work is 12 months which shall be reckoned from the 10th day of issue of work order.

The rates are valid upto 26.02.2013.

The year wise expenditure shall be as follows.

2012-13 Rs. 10 .00 lacs 2013-14 Rs. 168.71 lacs

The finance has seen and concurred in the proposal.

The case may please be placed before the Standing committee for approval of rates and agency in favour of M/s Sushil Construction Co. at their quoted /negotiated rates @ 59.60% above for Part ‘A’ against departmental justification of rates @60.63% above and Rs. 2,30,946/- for Part ‘B” as arrived by the department for dismantling the old existing structure which will be recovered from the first running bill of the contractor with contractual amount of Rs.1,78,71,101/-only under head of account XL-VII-Education under relevant DMC Act.

ADDL. COMMISSIONER (ENGG.)

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NORTH DELHI MUNICIPAL CORPORATION

(ENGINEERING DEPARTMENT)

No.F.33/Engg./NDMC/391/C&C Dated:-28.12.2012 From The Commissioner, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg. New Delhi To The Municipal Secretary, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg. New Delhi

Sub: Construction of 9 nos. class rooms, 1 computer room, 1 Store, 1 library

room, , 1 science room, and 1 toilet block and raising of boundary wall at M.C. Primary School, Hiranki (Boys ) in narela Zone after dismentling of old existing structure.

A requisition for : Construction of 9 nos. class rooms, 1 computer room, 1 Store, 1 library room, , 1 science room, and 1 toilet block and raising of boundary wall at M.C. Primary School, Hiranki (Boys ) in narela Zone after dismentling of old existing structure. was received from education department vide no. D/48/DEO/CW dt. 01.02.2006 Accordingly, a Preliminary Estimate amounting to Rs.171.56 lacs was prepared and got duly checked from SE (P) for the said proposal on the basis of CPWD plinth area rates 2007 with prevailing cost index of 49% to level up the current market rates and 3% contingencies. The administrative approval and expenditure sanction to the same was accorded by the Corporation vide resolution No.263 dated 14.10.2009 Subsequently, a detail estimate amounting to Rs.1,68,33,000/- was prepared for the construction of above said building on the basis of DSR-2007 with the prevailing cost index of 49% to level up the current market rates and 3% contingencies. Online Tenders for the above noted work were called vide NIT No.2/3 dated 24.8.2012 which were due on 27.9.2012 for opening. The NIT was also published in the following news papers. Sr.No. Name of News Paper Language Dated Place 1. Times of India(Super

Saver) English 24.08.12 Delhi

2. DainikJagran(All Edition)

Hindi 24.08.12 Delhi

3. Daily Partap Hindi 24.08.12 Delhi Total 62 nos. tenders were sold out of which 8 were received as per the comparative statement given below.

Sr.No Name of Contractors Quoted Rates Earnest Money

Part’A’ Part’B’ 1. M/s Goela

Associates @62.50% above 1,000/- Deposited

Rs.2,19,250/- vide G.8No. 51319 Dated 28.09.12

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The justification of rates worked out by the division and subsequently checked

from Planning Department came @ 59.64% above for Part ‘A’ and the reserve price for dismantling of the old existing structure as arrived by the department was of Rs 2,45,760/-for Part “B”. The quoted rates of the lowest tenderer M/s Goela Associates for Part ‘A’ @ 62.50% and for Part ‘B’ of Rs. 1000/-. The rates quoted for Part “A” were higher than the justification of rates and for Part ‘B’ is lower than the reserved price Rs. 2,45,760/- Accordingly, lowest tenderer M/s Goela Associates were called for negotiation on 18.10.2012, wherein M/s Goela Associates reduced his rates from 62.50% above to 58.80% above for Part ‘A’ but CE-V opined that rates are still higher hence negotiation were once again conducted in the room of SE(Pr) Narela on 31.10.12 wherein M/s Goela Associates further reduced his rates from 56.95 to 56.80% above and for part ‘B’ also they agreed to pay the amount of Rs.2,45,760/- the reserve price which will be deducted from the 1st running bill payable to them. The negotiated rates are considered reasonable and are well within the justification of rates and hence are recommended for acceptance M/s Goela Assocites is a registered contractor in Class-II with MCD and eligible to tender for this work. Their financial as well as technical capability is reported to be satisfactory. They were not black listed/debarred at the time of purchase of tender. The contractual amount of the work comes to Rs.17385072/-. The expenditure of the work will be charged under head of account XL-VII-Education. The time of completion of work is 12 months which shall be reckoned from the 10th day of issue of work order. The rates are valid upto 26.02.2013.

The year wise expenditure shall be as follows.

2012-13 Rs. 10 .00 lacs 2013-14 Rs. 163.85 lacs

The finance has seen and concurred in the proposal. The case may please be placed before the Standing committee for approval of rates and agency in favour of M/s Goela Associates at their quoted /negotiated rates @ 58.60% above for Part ‘A’ against departmental justification of rates @59.64% above and Rs. 2,45,760/- for Part ‘B” as arrived by the department for dismantling the old existing structure which will be recovered from the first running bill of the contractor with contractual amount of Rs 17385072/-only under head of account XL-VII-Education under relevant DMC Act.

ADDL. COMMISSIONER (ENGG.)

2. M/s Sushil Construction Co.

@63.05% above 250/-

3. M/s Rama Const. Co @64.98% above 10000/-

4. M/s J S Construction Co.

@65.00% above 50,000/-

5.. M/s Suresh Bros. @65.55% above 500/-

6. M/s Jyoti Const Co. @65.56% above 50000/-

7. M/s Naresh Rai @65.99% aboive Nil

8. M/s Ram Niwas Goel @68.00% above 22,000/-

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NORTH DELHI MUNICIPAL CORPORATION

(ENGINEERING DEPARTMENT)

No.F.33/Engg./NDMC/392/C&C Dated:-28.12.2012 From

The Commissioner, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg.

New Delhi To

The Municipal Secretary, North Delhi Municipal Corporation, Dr. SPM Civic Centre JLN Marg.

New Delhi

Sub: Construction of 10 nos. class rooms, 1 store room, 1 computer

room, 1 HM room, 1 library room, 1 science room, and 2 toilet block and raising of boundary wall in M.C. Primary School, Palla after dismentling of old existing structure in Narela Zone.

A requisition for Construction of 10 nos. class rooms, 1 store room, 1 computer room, 1 HM room,1 store 1 library room, 1 science room, and 2 toilet block and raising of boundary wall in M.C. Primary School, Palla after dismentling of old existing structure in Narela Zone was received from education department vide no. D/463/DEO/CW dt. 11.10.2006. Accordingly, a Preliminary Estimate amounting to Rs.186.71 lacs was prepared and got duly checked from SE (P) for the said proposal on the basis of CPWD plinth area rates 2007 with prevailing cost index of 49% to level up the current market rates and 3% contingencies. The administrative approval and expenditure sanction to the same was accorded by the Corporation vide resolution No.262 dated 14.10.2009. Subsequently, a detail estimate amounting to Rs.1,85,58,000/- was prepared for the construction of above said building on the basis of DSR-2007 with the prevailing cost index of 49% to level up the current market rates and 3% contingencies. Online Tenders for the above noted work were called vide NIT No.2/2 dated 24.8.2012 which were due on 27.9.2012 for opening. The NIT was also published in the following news papers.

Sr.No. Name of News Paper Language Dated Place 1. Times of India(Super Saver) English 24.08.12 Delhi 2. DainikJagran(All Edition) Hindi 24.08.12 Delhi 3. Daily Partap urdu 24.08.12 Delhi

Total 59 nos. tenders were sold out of which 6 were received as per the comparative statement given below.

Sr.No Name of Contractors Quoted Rates Earnest Money Part’A’ Part’B’ 1. M/s Goela Associates @59.98%

above 1,000/- Deposited

Rs.2,19,250/- vide G.8No.

2. M/s Sushil Construction Co. @63.03% above

250/-

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The justification of rates worked out by the division and subsequently checked from Planning Department came @ 57.87% above for Part ‘A’ and the reserve price for dismantling of the old existing structure as arrived by the department was of Rs 3,87,280/-for Part “B”. The quoted rates of the lowest tenderer M/s Goela Associates for Part ‘A’ @ 59.98% and for Part ‘B’ of Rs. 1000/-. The rates quoted for Part “A” were higher than the justification of rates and for Part ‘B’ is lower than the reserved price Rs. 3,87,280/- Accordingly, lowest tenderer M/s Goela Associates were called for negotiation on 18.10.2012, wherein M/s Goela Associates reduced his rates from 59.98% above to 56.95% above for Part ‘A’ but CE-V opined that rates are still higher hence negotiation were once again conducted in the room of SE(Pr) Narela on 31.10.12 wherein M/s Goela Associates further reduced his rates from 56.95 to 56.80% ab ove and for part ‘B’ also they agreed to get the amount of Rs.3,87,280/- the reserve price which will be deducted from the 1st running bill payable to them. The negotiated rates are considered reasonable and are well within the justification of rates and hence are recommended for acceptance. M/s Goela Assocites is a registered contractor in Class-II with MCD and eligible to tender for this work. Their financial as well as technical capability is reported to be satisfactory. They were not black listed/debarred at the time of purchase of tender. The contractual amount of the work comes to Rs.1,89,60,607/- The expenditure of the work will be charged under head of account XL-VII-Education. The time of completion of work is 12 months which shall be reckoned from the 10th day of issue of work order. The rates are valid upto 26.02.2013. The year wise expenditure shall be as follows. 2012-13 Rs. 10 .00 lacs 2013-14 Rs. 179.60 lacs The finance has seen and concurred in the proposal. The case may please be placed before the Standing committee for approval of rates and agency in favour of M/s Goela Associates at their quoted /negotiated rates @ 56.80% above for Part ‘A’ against departmental justification of rates @57.87% above and Rs. 3,87,280/- for Part ‘B” as arrived by the department for dismantling the old existing structure which will be recovered from the first running bill of the contractor with contractual amount of Rs.1,89,60,607/- only under head of account XL-VII-Education under relevant DMC Act.

ADDL. COMMISSIONER (ENGG.)

3. M/s Rama Const. Co @64.98% above

10000/-

51319 Dated 28.09.12

4. M/s Naresh Rai @64.99% above

Nil

5. M/s Jyoti Const Co. @65.49% above

50000/-

6. M/s Suresh Bros. @65.55% aboive

500/-

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NORTH DELHI MUNICIPAL CORPORATION

Minutes of the meeting of the Standing Committee (North Delhi) held on Wednesday, the

16th January, 2013 at 2.00 P.M. at Satya Narayan Bansal Sabhagaar, 2nd Floor, A-Wing,

Dr. S.P. Mukherjee Civic Centre, New Delhi.

PRESENT

1. Shri Yogender Chandolia Chairman 2. Shri Vijay Prakash Pandey Dy. Chairman 3. Shri Mukesh Goyal

4. Ms. Neelam Dhiman

5. Ms. Renu Gupta

6. Ms. Surender Kaur

Shri P.K.Gupta, Commissioner and Shri Jagdeep Chiller, Municipal Secretary.

CONFIRMATION AND SIGNING OF MINUTES: The Minutes of the Special Meeting dated 5.12.2012, Adjourned Special Meeting dated 26.12.2012, Adjourned Special Meeting dated 31.12.2012, Adjourned Special Meeting dated 01.01.2013 & Adjourned Special Meeting dated 03.01.2013 were confirmed and signed. The Minutes of the Adjourned Special Meeting dated 8.1.2013 were confirmed and signed with the modification that in English version of Minutes at page 15 (N) under Schedule of Taxes the words:

“(E) Additional rebate of 20% of the tax due on lump-sum payment till now granted in cases of properties in co-operative group housing society (CGHS) should be dispensed with as it is not in conformity to section 120B and is discriminatory as properties similar to those in CGHS and other resident welfare associations, market associations and industrial estates are excluded of such benefit.” were substituted with words

“(E) Additional rebate of 20% of the tax due on lump-sum payment in cases of properties in co-operative group housing society (CGHS).”

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rRi’pkr~ fu/kkZfjr dk;Zlwph ij fopkj djuk vkjEHk fd;k x;k A

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-4-

PART-A POSTPONED CASE

Item No. 53 Allotment of Shehnai Banquet Hall at Asaf Ali Road, New Delhi on License fee basis.

Consideration postponed. Item No. 54 Allotment of Cup & Saucer Restaurant at Minto Road, New Delhi on License fee basis.

Consideration postponed.

NEW CASES Item No. 61 Construction of Civic Centre at JLN Marg, Minto Road, New Delhi.

SH:- Maintenance of Dr. Shyama Prasad Mukherjee Civic Centre Complex-Creation of posts.

Reso. No. 195 Resolved that it be recommended to the Corporation that as proposed by

the Commissioner in his letter No. F.33/Engg./NDMC/325/C&C dated 5.12.2012, approval of the criteria for appointing the required officials against the already created posts for maintenance of Dr. Shayama Prasad Mukherjee Civic Centre under DMC Act amended upto date, as detailed in the aforesaid letter, be accorded.

Item No. 62 Regarding approval of Standing Committee/Corporation for transfer of 4 Unani

Dispensaries from Plan to Non-Plan w.e.f. 1.3.2012. Reso. No. 196 Resolved that it be recommended to the Corporation that as proposed by

the Commissioner in his letter No. F.33/Health/NDMC/347/C&C dated 7.12.2012, approval for transfer of 4 Unani Dispensaries from Plan to Non-Plan w.e.f. 1.3.2012 , as detailed in the aforesaid letter, be accorded.

Item No. 63 Rules/Guidelines for the grant of Old age Stipend. Reso. No. 197 Resolved that it be recommended to the Corporation that the proposal of

the Commissioner as contained in his letter No.F.33/CSD/HQ/NDMC/352/C&C dated 14.12.2012 regarding Rules/Guidelines for the grant of Old age Stipend, be approved with the following modifications :-

The policy regarding grant of old age pension and stipend to other categories as annexure-A be amended as under and the number of pensioners etc. per ward, amount of pension/stipend, discretionary quota of various authorities and raising of marriage assistance be raised from Rs.25000 to 30000 per case, as per the Budget recommendations of Stranding Committee for approval.

Eligibility

1. The applicant for grant of old age pension and stipend should be Indian citizen

residing within the jurisdiction of NDMC last five years including the erstwhile DMC.

2. One who has no one to depend upon for financial support and the family does not have an income exceeding Rs.5000 per month from all sources of income.

3. Who are not receiving any pension from any of the Central or State Government’ department or an old age pension/assistance from Govt. of India, GNCTD, New Delhi Municipal Committee, East Delhi Municipal Corporation, South Delhi Municipal Corporation or from any other source.

4. Who have attained the age of 60 years for the old age pension; or those who have not attained the age of 60 years, but comes under one of the following category:-

i. Destitute ii. Disabled (deaf, dump, physically handicapped having

infirmity of 40% or more then 40%

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iii Blinds iv Widows v Insane vi Crippled vii Divorcee women viii Kinner (eunuch) ix Orphan Child till he/she attains the age of 18 years x Suffering from serious illness (as listed in application form)

Submission of Application

The application for grant of old age pension shall be received duly filled in the prescribed performa at the office of the Deputy Commissioner of the Zone of NDMC. The following documents should be attached with the application by the applicants:-

1) The applicant should affix one copy of his/her passport size photographs at his/her

application form and should submit another copy to be pasted on Identity Card on acceptance of the application.

2) Proof of age-Birth Certificate or any other document showing the age of the applicant or an attested copy of ration card bearing his/her name or his/her voter identity card/Aadhar Card or an affidavit declaring his/her age.

3) The details of the Saving Account in any bank or Post Office of the applicant or a joint account with the lawful guardian.

4) The details of the Saving Accounts in any Bank or Post Office or the guardian, in case the applicant is insane, or blind or mentally retarded, or orphan.

5) Certificate with proof that annual income of the applicant from all sources not more than 60000.

6) A declaration to the effect that he/she is not receiving any pension from any of the Central or State Governments department or an old age pension/assistance from Govt. of India. GNCTD, New Delhi Municipal Committee, East Delhi Municipal Corporation South Delhi Municipal Corporation or from any other source.

7) In case of destitute verification from the RWA and recommendations from the area Councillor. In case of disabled (dead, dumb, and physically handicapped having infirmity of 40% or more of permanent nature) a Medical Certificate with regard to infirmity of permanent nature from any Government/Municipal Corporation Hospital.

8) In case of blind, insane, crippled-a medical Certificate with regard to infirmity from any Government/Municipal Corporation Hospital.

9) In case of widow, the death certificate of the husband. 10) Legally tenable proof of divorce and proof of present marital status of the divorcee

women. If abandoned by the husband and matter is under trial in the Court of Law, she has to submit a police verification or of the court/or the court case reference attested by the concerned lawyer. In case of divorced women an affidavit to the effect that she has not remarried on non judicial paper of Rs.50/-.

11) Medical Proofs to be submitted in case of an application is submitted under Kinner (Eunuch) Category.

i) A Medical Certificate with regard to proof of being Kinner (eunuch) from any Government/Municipal Corporation Hospital.

ii) An affidavit to the effect that the applicant (Kinner) is not married, (it appears an absurd condition. Can Kinners are required to be married). It requires to be deleted.

iii) The age of the applicant should not be below 18 years. (Kinners are born. Hence the condition requires to be deleted).

12) Certificate of Government/Municipal Corporation Hospital in case of suffering from serious illness.

VERIFICATION OF THE APPLICATION OF APPLICANTS BY THE SANCTIONING

AUTHORITY

1. On the basis of eligibility criteria explain above the Dy. Commissioner of the Zone will sanction the pension/stipend after getting physical verification of the facts mentioned in the application form through the Zonal Assistant Commissioner or a Zonal Officer equal to the rank of the Assistant Commissioner.

2. On sanction of the pension/stipend, the beneficiary will be issued an I card bearing his/her passport size photograph and other necessary particulars, duly signed by the Dy. Commissioner of the Zone.

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-6- The following facts also should be checked while scrutinizing the application form

for sanction of pension/stipend. 1) The application form should be certified/recommended by the concerned

Municipal Councillor (or in respect of discretionary quota by the respective authority)

2) The applicant should be residing in the concerned Municipal Ward and his/her name must exist in the voter list except destitute, disabled, blinds, insane, crippled, kinner and orphan child.

3) The physical verification each and every beneficiary under the scheme should be made by the office of the Dy. Commissioner of the Zone at the interval of three months, under intimation to concerned area Councillor.

MODE OF PAYMENT

1 The payment of old age pension/stipend to the beneficiaries will be made through

cheques mentioning the saving bank account. 2 The cheques will be issued in the name of the beneficiaries or in the case of

blinds insane, crippled and orphan child in the name of his father/mother/lawful guardian’s joint account as the case may be.

In short the present procedure of the payment to the beneficiaries under the scheme will continue as it is and it should not be replaced by the ECS scheme.

STOPPING OF ASSISTANCE

Beneficiaries will continue to draw the sanctioned old age stipend, till the term of

the Corporation. The sanctioning authority will have the right to stop the payment of old age pension/stipend in case of following:-

1) If it finds that any false information or fake document was furnished while

submitting the application for grant of old age pension/stipend. 2) In case of death of the person or/she migrates out of the NDMC jurisdiction. 3) If the beneficiary is found to be involved in cognizable criminal activity and has

not maintained good conduct. 4) If at any stage the beneficiary ceases to fulfill any of the laid down eligibility

conditions.

APPELATE AUTHORITY

The Deputy Commissioner of the zone will be the appellate authority for any complaint or grievance of the beneficiary under intimation to the concerned Councillor.

MISCELLANEOUS

1) The payment to the beneficiary under the scheme shall become payable from

the following month in which the application form has been submitted by the applicant.

2) The rates of financial assistance shall be as fixed by the Corporation from time to time.

3) The Municipal Councillor can transfer old age pension/stipend quota from his ward to other ward within the same zone only where eligible pensioners are less than the quota of the Councillor.

4) All the Deputy Commissioners of the zones will submit the ward wise number of beneficiaries, under the Area Councillors quota as well as discretionary quota along with utilization certificate on or before 31st March of every financial year, positively to the Dir. CSD Office.

5) The benefit of the old age pension or other category stipend can be sanctioned to a new applicant, if recommended by the Area Councillor subject to less number of beneficiaries allotted to the ward plus the beneficiaries sanctioned under the discretionary quota by the competent authority.

6) In case where the husband deserted his wife to fend herself because of the dispute and an FIR lodge with the police, financial assistance in such case may also be given from the date of lodging the F.I.R. or certifying the date of dissert as per law, by the police, whichever is earlier.

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7) A maximum of two persons from a family can be sanctioned benefit under the scheme.

8) After every NDMC general election the cases of beneficiaries under the scheme will be reviewed and recommended by the area councillor.

9) The applicant shall be liable for legal action for any false, incorrect information and fake certificates/documents.

Item No. 64 Const. of Grade Separator at Rani Jansi Road. (Exchange of land on Bhavbhuti Marg with Railways for the project) Reso. No. 198 Resolved that it be recommended to the Corporation that the proposal of

the Commissioner as contained in his letter No. F.33/Engg./NDMC/363/C&C dated 19.12.2012 regarding const. of Grade Separator at Rani Jhansi Road (Exchange of land on Bhavbhuti Marg with Railways for the project), as detailed in the aforesaid letter, be approved.

Item No. 65 Disposal of old and unserviceable AC Plants dismantled from Hindu Rao Hospital.

Reso. No. 199 Resolved that it be recommended to the Corporation that as proposed by

the Commissioner in his letter No. F.33/Engg./NDMC/380/C&C dated 21.12.2012, approval of the Condemnation and Auction Board for disposing of old and unserviceable AC Plants dismantled from Hindu Rao Hospital through Public Auction as per procedure and authorizing the Board to accept the highest bid if the price received is more than the reserve price, get the full amount deposited and allow the highest bidder to remove the auctioned items, be accorded.

Item No. 66 Administrative approval expenditure sanction and approval of rate & agency for purchase of Text Books for free distribution to the children studying MCD Schools during the Academic Session 2012-2013.

Reso. No. 200 Resolved that it be recommended to the Corporation that as proposed by

the Commissioner in his letter No. F.33/Edu./NDMC/213/C&C dated 9.10.2012 and the recommendations made by the Education Committee vide its Resolution No.26 dated 27.11.2012 regarding administrative approval expenditure sanction and approval of rate & agency for purchase of Text Books for free distribution to the children studying MCD Schools during the Academic Session 2012-2013, as detailed in the aforesaid letter, be accorded.

Resolved further that the proposal of the Commissioner as contained in his letter No. F.33/Edu./NDMC/213/C&C dated 9.10.2012 regarding approval of rate and agency as detailed in the aforesaid letter, be approved. Item No. 67 Simplification of Trade License policy of markets, trades, occupations,

maintenance and regulations thereof as laid down under Chapter XX of the DMC Act.

Consideration postponed. (Meanwhile a Sub-Committee of the following members is constituted to look into matter and submit its report within 15 days:-) 1. Shri Vijay Prakash Pandey Convener 2. Ms. Renu Gupta Member 3. Shri Mukesh Goyal Member

Item No. 68 Waiving off of user chargers for “Janani Shishu Surskhsa Karaykram” (JSSK) beneficiaries under JSSK Scheme of Directorate of Family Welfare, Govt. of NCT, Delhi.

Consideration postponed.

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-8- Item No. 69 Grant of Non Functional Selection Grade (NFSG) to UDC’s and Stenographers. Reso. No. 201 Resolved that it be recommended to the Corporation that proposal of the

Commissioner as contained in his letter No.F.33/ CED/NDMC/369/C&C dated 20.12.2012 regarding grant of Non Functional Selection Grade (NFSG) to UDC’s and Stenographers, approval for creation of a new grade of UDC (NFSG) and Steno Typist (NFSG) in terms of Circular dated 22.06.2011 of DOP & T, as detailed in the aforesaid letter, be accorded.

Item No. 70 Providing Security Services in Rajan Babu Insitute for Pulmonary Medicine &

Tuberculosis. Reso. No. 202 Resolved that it be recommended to the Corporation that as proposed by the Commissioner in his letter No. F.33/Health/NDMC/367/C&C dated

19.12.2012, administrative approval and expenditure sanction of Rs. 1.20 crore (approx.) per annum for providing Security Services in Rajan Babu Insitute for Pulmonary Medicine & Tuberculosis based on the prevailing rates under revision and the actual expenditure will depend upon the prevailing rates & revised rates during the period of contract for providing security services in the hospital by adopting the codal formalities and tender procedure through e-tendering system for one year from commencement of the work and that 2nd year renewal will be after satisfactory services and fulfilling the terms and conditions of the previous contract, as detailed in the aforesaid letter, be accorded.

Item No. 71 Assignment of Unique Property Identification CODEs (UPICs)/issue of UOIC

CARDs and Property tax Passbooks u/s 125 of the DMC Act with the AIM to streamline Tax Collection.

Consideration postponed. PLACED ON TABLE

Item No. 72 Budget approved for establishment of North Delhi Municipal Corporation Medical College under 12th Five Year Plan.

Reso. No. 203 Resolved that it be recommended to the Corporation that proposal of the

Commissioner as contained in his letter No. F.33/CA-Cum-FA/NDMC/429/C&C dated 11.1.2013, be approved.

PART-B

Item No. 88 Lowering of G.T.Road near Tripolia Gate in front of R.P. Bagh in C-70/CLZ. Reso. No. 204 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/315/C&C dated 30.11.2012, be approved.

Item No. 89 Remodeling and construction of RCC. Drain of Jahangirpuri Colony/CLZ. SH:- Construction of RCC Drain & Foothpath along dividing road of

Jahangirpuri Colony and Mahindra park from Shah Alam bandh Road in Main Road of Jahangirpuri Colony in CLZ.

Reso. No. 205 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/316/C&C dated 30.11.2012, be approved.

Item No. 90 Construction of Double Storey CTC after demolition the existing structure in front of Mubarak Bagh Depot in Model Town in C-72/CLZ.

Reso. No. 206 Resolved that the case be referred back to the Commissioner.

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-9- Item No. 91 Grant of 3rd Financial Upgradation to the eligible Senior Auditors under Modifies

Assured Career Progression Scheme. Reso. No. 207 Resolved that the proposal of the MCA as contained in his letter

No. F.33/MCA/Admn./PCA/3-142(Vol.I)708 dated 5.12.2012, be approved.

Item No. 92 Imp. and Strengthening of 13.50 and 9.15 meter ROW Road, Deepali, C-60/RZ. SH:- Stg. of carriageway by RMC& Imp. Of drainage system.

Reso. No. 208 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/348/C&C dated 7.12.2012, be approved.

Item No. 93 Variation in contractual amount for implementation of Project “Construction of Multilevel Underground car parking at Parade ground, Subhash Marg, City Zone”.

Reso. No. 209 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/324/C&C dated 5.12.2012, be approved.

Item No. 94 Grant of Earned Leave to Sh. Nand Kishore, IA & AS, Municipal Chief Auditior. Reso. No. 210 Resolved that as proposed by Municipal Chief Auditor in his letter No.

MCA/Admn./PF/Ch.Ar./1-5/729 dated 12.12.2012, sanction of Earned Leave w.e.f. 17.12.2012 to 24.12.2012 ( prefixing 15th & 16th December, 2012) in favour of Shri Nand Kishore, IA&AS, Municipal Chief Auditor, be accorded.

Item No. 95 Sanction of Earned Leave to Shri Jagdeep Chiller Municipal Secretary. Reso. No. 211 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/CED/NDMC/351/C&C dated 13.12.2012, sanction of Earned Leave w.e.f. 17.12.2012 to 21.12.2012 (prefixing 15th & 16th December,2012 and suffixing 22nd & 23rd December, 2012) in favour of Shri Jagdeep Chiller, Municipal Secretary, be accorded.

Item No. 96 To organize every year a three days food festival in City Zone. Reso. No. 212 Resolved that Resolution No.8 of the Wards Committee (City) dated 23.11.2012, be referred to the Commissioner for report. Item No. 97 For posting of security and valid gate pass at the main gate of City Zone. Reso. No. 213 Resolved that Resolution No.9 of the Wards Committee (City) dated 21.12.2012, be referred to the Commissioner for report.

Item No.98 Audit Comments on the Monthly Abstracts of Receipts and Expenditure

pertaining to erstwhile Corporation (General Wing) for the months of April, 2003 to March, 2004.

Reso. No. 214 Resolved that the Audit Comments on the Monthly Abstracts of Receipts

and Expenditure pertaining to erstwhile Corporation (General Wing) for the months of April, 2003 to March, 2004 as received from Municipal Chief Auditor vide MCA’s letter No. MCA/RS/AAP/M.A./April, 2003 to March, 2004/IV-07/1165 dated 22.8.2012, be published in Official Gazette.

Resolved further that the observations made by the Municipal Chief Auditor, be referred to the Commissioner for para-wise comments within three months for placing the same before Municipal Accounts Committee.

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PLACED ON TABLE

Item No. 99. Construction of 5 Nos. class rooms, 1 store room, 1 computer room, 1 library room, 1 science room and 3 toilet block in M.C.Pry. School, Garhi Rindhala after dismantling 11 Nos. of old existing class room in Narela Zone.

Reso. No. 215 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/390/C&C dated 28.12.2012, be approved. Item No. 100. Construction of 9 Nos. class rooms, 1 computer room, 1 store room, 1 library

room, 1 science room, and 1 toilet block and raising of boundary wall at M.C.Pry. School, Hiranki (Boys) in Narela Zone.after dismentling existing structure.

Reso. No. 216 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/391/C&C dated 28.12.2012, be approved.

Item No. 101 Construction of 10 Nos. class rooms, 1 store room, 1 computer room, 1H.M.room,1 library room, 1 science room and 2 toilet block and raising of boundary wall at M.C.Pry. School, Palla after dismantling existing structure in Narela Zone.

Reso. No. 217 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/392/C&C dated 28.12.2012, be approved. Item No. 102 Restoration of road cut made by NDPL for laying of U/G cable (Karur Vysya Bank

to DDA park falling in C-98/WZ and –DDA park to Rama road falling in C-97/WZ) by pdg. RMC from in C-98/WZ in Mansarover Garden.

Reso. No. 218 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/410/C&C dated 10.1.2013, be approved.

Item No. 103 Imp. of Ground and P/F Concertina Coil on Boundry Wall and Construction of Stage at M.C.Pry. School (Girls) Siraspur in C-18/CLZ.

Reso. No. 219 Resolved that the proposal of the Commissioner as contained in his

letter No. F.33/Engg./NDMC/433/C&C dated 14.1.2013, be approved.

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.

Consideration postponed.

Reso. No. Resolved that the minutes of the Standing Committee be deemed 220 as confirmed and the Chairman be authorised to sign the minutes later on.

Municipal Secretary Chairman Standing Committee

North Delhi Municipal Corporation