Wednesday, the 30th January, 2013 PART-A POSTPONED CASEmcdonline.gov.in/departmentdocs/Stg. Meeting dt. 30.1.2013.pdf · on the basis of the tender document (enclosed). 5. A detailed

NORTH DELHI MUNICIPAL CORPORATION List of Business

to be transacted at the Meeting of the

Standing Committee to be held on

Wednesday, the 30th 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.

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

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

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

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

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

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

NEW CASES

73 Regarding granting pay scale of Rs. 5500-9000 (Pre-revised) to Laundry Supervisor-cum-Mechanic w.e.f.1.1.1996 in compliance of Hon’ble CAT orders in TA No. 717/2009. Commissioner’s letter No. F.33/Health/NDMC/409/C&C dated 9.1.2013

PLACED ON TABLE 74 Promotion of Audit Officer to the post of Senior Audit Officer in the Pay Band 3: 15600-39100 with Grade Pay Rs. 5400/- on regular basis. MCA’s letter No. MCA/Admn./PCA/3-32/Vol.II/811 dated 15.1.2013

75 Exchange of land on Qutab Road and Ajmeri Gate with Railway’s land required for the

projects of Kishan Ganj RUB and Grade Separator. Commissioner’s letter No. F.33/Engg./NDMC/461/C&C dated 29.1.2013

-2- 76 Framing of guidelines/criteria for registration of Non-motorized vehicles (Cycle

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

Commissioner’s letter No. F.33/Hackney Carriage/NDMC/462/C&C dated 30.01.2013 77 Payment to paramedical contract Staff. Resolution from Ms. Neelam Dhiman

PART-B

104 Improvement of internal lanes by providing RMC and drainage system in CC Block in Shalimar Bagh C-55 in Rohini Zone Commissioner’s letter No. F.33/Engg./NDMC/364/C&C dated 19.12.2012

105 Improvement & Strengthening of 45’ & 30’ ROW road in Saraswati Vihar in Ward No. 60

in Rohini Zone. SH: Strengthening of carriageway.

Commissioner’s letter No. F.33/Engg./NDMC/366/C&C dated 19.12.2012

106 Construction of drain and side berm from B-2/1 to 14, B-3/34 to B-4/1 to 4/17, C-1/37 to C-2/7, BC-30 to C-1/18, BC-15 to B-6/17, C-1/8 to C-1/22, BC-16 to C-122, C-2/1 to C-2/7, C-1/23 to C-5/15, C-1/23 to park, C-5/15 to C-5/1 and opposite C-5/1 to C-5/15 in Mianwali Nagar in C-42/Rohini Zone in Peera Garhi. Commissioner’s letter No. F.33/Engg./NDMC/378/C&C dated 20.12.2012

107 Providing and laying of RMC from H.No 1129 to 1149,1153 to 1184, 821 to 805, 705 to

737, 797 to 765, 605 to 589, 88 to 609, 429 to 497 501 t0 609 229 to 309, 313 to 325, 329 to 337 in GH-14 Pascim Vihar and 1029 to 1049, 1017 to 997, 921 to 941, 945 to 957 965 to 981, 941 to 913, 817 to 833, 837 to 853, 857 to 877, 857 to 893, 897 to 913, 673 to 861, 657 to 645, 689 to 677, 533 to 557, 509 to 481, 361 to 389, 393 to 409, 389 to 409, 141 to 113, 109 to 93, 93 to 161, 145 to 150, 1 to 37 and 189 to 225 in GH-13 Paschim Vihar in C-41/ Rohini Zone in Guru Harkishan Nagar. Commissioner’s letter No. F.33/Engg./NDMC/379/C&C dated 20.12.2012

108 Construction of 39 Classrooms, 1 Hall and 20 Seater Toilet Block in M.C.Pry. School at

Jahangirpuri, E-Block in Civil Lines Zone. SH: Construction of Boundary wall, Development of Ground and other miscellaneous

works. Commissioner’s letter No. F.33/Engg./NDMC/384/C&C dated 21.12.2012

109 Re-Construction of Gym at E-Block, Kamla Nagar in C-69/CLZ.

Commissioner’s letter No. F.33/Engg./NDMC/385/C&C dated 21.12.2012

110 Construction of Mother and Child Welfare Centre at A-Block in (Jahangirpuri) Sant Ravidas Nagar CLZ. Commissioner’s letter No. F.33/Engg./NDMC/386/C&C dated 21.12.2012

111 Imp. of road by pdg. RMC and raising of drain from Dhanno House to Nirmala House

and Puri Property to Kureni Road, Punjabi Colony, Gali No. 6 Shivaji Nagar, Sushil House to Raj Kumar House, Sultan House to Satbir House, Bhupender House to Shakuntla House and pdg. Interlocking tiles from railway Xing to Bank of Baroda in Indra Colony, Narela in C-1. Commissioner’s letter No. F.33/Engg./NDMC/394/C&C dated 31.12.2012.

-3-

PLACED ON TABLE

112 1. Strengthening of road by pdg. Dense carpeting from D-7 to D-21, D-71 to D-67, D-115 to D-108, D-1 to D-116, D-43 to D-17, D-144 to D-18 in D-Block Mansarover Garden and 7/83 to C-58 in Sharda Puri and C-1/9 to C-3/20,

H.No. 1 to 6/1 in C-Block Rajouri Garden in C-98/KBZ in Mansarover Garden.

2. Strengthening of road from F-1 to F-229 by pdg. Dense carpeting from in karampura in Ward No. 100/KBZ SH: Strengthening of road from E-241 to G-135 by pdg. Dense Carpeting from in Karampura Ward No. 100/KBZ.

Commissioner’s letter No. F.33/Engg./NDMC/446/C&C dated 28.12.2012 113 Strengthening of road by providing dense carpeting from A-3/232 to NDPL Sub-Station,

from DDA Market No. 8 to B-4/30 and from C-8/15 to C-8/28 in Sector 7 and from F-18/41 to F-18/60 in Sector-8, Rohini in Naharpur. Commissioner’s letter No. F.33/Engg./NDMC/460/C&C dated 29.12.2012

114 Lift Facilities in Co-operative Group Housing Societies. Resolution from Renu Gupta

115 To shift the dhalao located at A-Block entrance of Shastri Nagar in front of Mata Mandir Gulabi Bagh at Ward No. 73, Shastri Nagar, S.P.Zone to back side of existing location of dhalao on the Dariyae Nalla. Resolution from Ms. Neelam Dhiman.

PART-C POSTPONED CASE

2. Incorporation of Plot No. 19-B, Block-UA in the layout plan of Northern City Extn.,

Scheme No.1, Kamla Nagar, Jawahar Nagar. Commissioner’s letter No.F.33/CTP/NDMC/204/C&C dated 1.10.2012

NEW CASE 3 Modification in the Layout Plan of Deen Dayal Upadhayay (DDU) Marg, New Delhi. Commissioner’s letter No. F.33/CTP/NDMC/411/C&C dated 11.1.2013

PART ‘A’

POSTPONED CASES

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

License fee basis.

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

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

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

possession of this site from the previous Licensee.

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

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

Food Catering Services.

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

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

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

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

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

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

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

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

on the basis of the tender document (enclosed).

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

Corporation has been drafted and enclosed for information please.

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

eration and approval, as an item of Urgent Business.

[ 2 (N) ]

(For Sale/Website)

A GOLDEN OPPORTUNITY IN THE HEALTH OF DELHI

(Space for Photo)

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

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

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

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

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

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

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

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

[ 3 (N) ]

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

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

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

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

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

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

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

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

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

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

[ 4 (N) ]

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

15. Bidders should note that :—

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

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

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

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

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

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

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

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

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

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

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

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

[ 5 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 6 (N) ]

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

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

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

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

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

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

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

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

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

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

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

[ 7 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 8 (N) ]

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

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

1. Date of start of sale of tender documents

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

3. Date of start of receipt of bids

4. Last date and time for receipt of bids

5. Date and time for opening of bid :—

(a) Technical bid

(b) Financial bid

6. Venue for all above 1 to 5

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

Sd/-

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

Copy to :—

(1) OSD (RP Cell))/NDMC

(2) DCA(HQ)

(3) DLO(HQ)/NDMC

(4) AC(L&E)/NDMC

(5) ALO(L&E)/NDMC

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

[ 9 (N) ]

Copy :—

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

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

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

access to all.

Copy :—

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

(2) Notice Board

Copy for information to :—

(1) Hon’ble Mayor

(2) Chairman Standing Committee

(3) Leader of the House

(4) Leader of the Opposition

(5) Commissioner, MCD

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

(7) CA-cum-FA

(8) E-in-C

(9) Dir. of Vigilance

Sd/-

Asstt. Commissioner

(R.P. Cell)/NDMC

[ 10 (N) ]

III. Application Forms for Technical and Financial Bids :—

Form-I (for technical bid)

Tender Form No :___________

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

NORTH DELHI MUNICIPAL CORPORATIONREMUNERATIVE PROJECTS CELL

To

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

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

Sir,

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

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

(a) Name of Bank & address ______________________________

(b) Number & date of bank draft ______________________________

(c) Amount of Bank draft ______________________________

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




3. Particulars of tenderers in case of individuals

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

(b) Age ______________________________

(c) Father’s Name ______________________________

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

(e) Permanent residential address ______________________________

(f) Telephone No. & Mobile No. ______________________________

(g) E-mail ID ______________________________

(h) PAN/TAN ______________________________

[ 11 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

For Office Use Only

Bid accepted/rejected with reasons.

[ 12 (N) ]

Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)


To


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

Sir,

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

1. Tender form number : ___________________________________

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

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

4. Any other additional offer that tender purpose : ___________________________________

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

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

Seal of the concerned (other than individual)

[ 13 (N) ]

IV. Annexure ‘A’

FORM OF AFFIDAVIT

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

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

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

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

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

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

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

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

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

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


[ 14 (N) ]

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

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

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

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

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

DEPONENT

VERIFICATION :—

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

V . Annexure ‘B’

PROFORMA FOR FORM OF POWER OF ATTORNEY

FOR

APPOINTING LEAD MEMBER

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

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

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

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

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

[ 15 (N) ]

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

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

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

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

for the Project and other relevant documents in connection therewith.

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

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

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

clarifications to the Project documents, as may be necessary;

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

thereto;

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

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

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

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

for the purpose aforesaid.

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

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

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

this . [day, month & year]

The common seal of [name of the company] was

here unto affixed pursuant to a resolution passed

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

the _____ day of ______, 2001 in the presence ____________________________________

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

countersigned by [name & designation of the

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

OR

_________________________

[Individual/partnership firm]

[ 16 (N) ]

VI. Annexure ‘C’

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

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

BY AND BETWEEN :

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

AND

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

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

WHEREAS :

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

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

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

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

[ 17 (N) ]

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER :

1. AWARD OF LICENSE

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

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

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

2. TERM AND RENEWAL OF LICENSE

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

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

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

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

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

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

[ 18 (N) ]

3. LICENSE FEE AND SECURITY DEPOSIT

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

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

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

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

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

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

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

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

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

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

4. LICENSE FREE PERIOD

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

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

[ 19 (N) ]

5. OBLIGATIONS OF THE LICENSE

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

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

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

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

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

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

[ 20 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

[ 21 (N) ]

6. PAYMENT OF DUES AND TAXES

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

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

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

7. REPRESENTATIONS AND WARRANTIES

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

(I) In case the Licensee is a company :

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

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

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

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

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

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

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

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

[ 22 (N) ]

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

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

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

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






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

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

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

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

(III) In case the Licensee is an individual :

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

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

[ 23 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 24 (N) ]

8. TERMINATION

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

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

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

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

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

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

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

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

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

[ 25 (N) ]

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

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

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

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

10. INDEMNIFICATION

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

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

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

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

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

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

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

11. NOTICE

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

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

If to the Licensee :

(Name & address of Licensee)

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

[ 26 (N) ]

12. GOVERNMENT LAW AND JURISDICTION

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

13. MISCELLANEOUS

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

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

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

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

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

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

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

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

Signature of Licensee Signature ofAssistant Commissioner (RPC)

On behalf of NDMC (Licensor)

Witness :—

1. _______________________

2. _______________________

[ 27 (N) ]

SCHEDULE—I

LAYOUT PLAN OF THE LICENSED PREMISES

For Newspapers

NOTICE INVITING TENDER

(for allotment of ‘Cup and Saucer Restaurant’)

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

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

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

Sd/-


[ 28 (N) ]

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

License fee basis.

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

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

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

regained possession of this site from the previous Licensee.

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

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

Catering Services.

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

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

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

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

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

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

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

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

on the basis of the tender document (enclosed).

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

Corporation has been drafted and enclosed for information.

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

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

[ 29 (N) ]

(For Sale/Website)

A GOLDEN OPPORTUNITY IN THE HEALTH OF DELHI

(Space for Photo)

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

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

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

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

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

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

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

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

[ 30 (N) ]

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

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

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

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

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

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

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

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

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

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

[ 31 (N) ]

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

15. Bidders should note that :—

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

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

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

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

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

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

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

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

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

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

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

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

[ 32 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 33 (N) ]

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

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

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

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

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

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

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

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

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

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

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

[ 34 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 35 (N) ]

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

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

1. Date of start of sale of tender documents

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

3. Date of start of receipt of bids

4. Last date and time for receipt of bids

5. Date and time for opening of bid :—

(a) Technical bid

(b) Financial bid

6. Venue for all above 1 to 5

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

Sd/-


Copy to :—

(1) OSD (RP Cell))/NDMC

(2) DCA(HQ)

(3) DLO(HQ)/NDMC

(4) AC(L&E)/NDMC

(5) ALO(L&E)/NDMC

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

[ 36 (N) ]

Copy :—

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

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

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

access to all.

Copy :—

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

(2) Notice Board

Copy for information to :—

(1) Hon’ble Mayor

(2) Chairman Standing Committee

(3) Leader of the House

(4) Leader of the Opposition

(5) Commissioner, MCD

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

(7) CA-cum-FA

(8) E-in-C

(9) Dir. of Vigilance

Sd/-

Asstt. Commissioner

(R.P. Cell)/NDMC

[ 37 (N) ]

III. Application Forms for Technical and Financial Bids

Form-I (for technical bid)

Tender Form No :___________

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


To


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

Sir,

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

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




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




3. Particulars of tenderers in case of individuals

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

(b) Age ______________________________

(c) Father’s Name ______________________________

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

(e) Permanent residential address ______________________________

(f) Telephone No. & Mobile No. ______________________________

(g) E-mail ID ______________________________

(h) PAN/TAN ______________________________

[ 38 (N) ]

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

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

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

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

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

5. Copy of STCC certificate ______________________________6. Details of

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

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

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

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

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

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the ‘Cup & Saucer Restaurant’ “described above, under the terms and conditions of thelicence tender of such rights which I/We have read and understood and hereby accept/which are accept-able to the tenderer (attached herewith). I/We tenderer will pay the monthly licence fee regularly andcomplete the licence deed in the form enclosed in accordance with the said conditions.

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

For Office Use Only

Bid accepted/rejected with reasons.

[ 39 (N) ]

Form—II (for financial bid)

Tender Form No :____________________

and technical bid forms)


To


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

Sir,

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

1. Tender form number : ___________________________________

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

3. Monthly licence fee offered for 2nd 5 years(in case of extension)(to be mentioned in round figures in words) : ___________________________________

4. Any other additional offer that tender purpose : ___________________________________

I/we the undersigned being the tenderer, hereby give tender on my/our behalf/on behalf of thetenderer above named to the Municipal Corporation of Delhi for the grant of licence on monthly licencefee basis for the ‘Cup & Saucer Restaurant’ described above, under the terms and conditions of thelicence tender of such rights which I/We have read and understood and hereby accept/which are accept-able to the tenderer (attached with technical bid). I/We tenderer will pay the monthly licence fee regularlyand complete the licence deed in the form enclosed in accordance with the said conditions.

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

Seal of the concerned (other than individual)

[ 40 (N) ]

IV. Annexure ‘A’

FORM OF AFFIDAVIT

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

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

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

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

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

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

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

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

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


[ 41 (N) ]

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

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

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

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

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

DEPONENT

VERIFICATION :—

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

V . Annexure ‘B’

PROFORMA FOR FORM OF POWER OF ATTORNEY

FOR

APPOINTING LEAD MEMBER

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

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

WHEREAS the Applicant along with_______ and______ (give name and registered officeaddress) is forming a joint venture/consortium to submit Proposal in response to the Notice for Invitation toTender for “Allotment of Cup and Saucer Restaurant on License Basis” (“Project”) issued by theRemunerative Projects Cell, North Delhi Municipal Corporation (“NDMC”) and is desirous of appointingan attorney for the purpose thereof.

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

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

[ 42 (N) ]

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

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

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

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

for the Project and other relevant documents in connection therewith.

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

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

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

clarifications to the Project documents, as may be necessary;

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

thereto;

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

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

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

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

for the purpose aforesaid.

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

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

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

this . [day, month & year]

The common seal of [name of the company] was

here unto affixed pursuant to a resolution passed

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

the _____ day of ______, 2001 in the presence ____________________________________

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

countersigned by [name & designation of the

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

OR

_________________________

[Individual/partnership firm]

[ 43 (N) ]

VI. Annexure ‘C’

SAMPLE LICENSE AGREEMENT FOR ALLOTMENT OF“CUP AND SAUCER RESTAURANT” ON LICENSE FEE BASIS

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

BY AND BETWEEN :

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

AND

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

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

WHEREAS :

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

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

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

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

[ 44 (N) ]

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER :

1. AWARD OF LICENSE

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

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

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

2. TERM AND RENEWAL OF LICENSE

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

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

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

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

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

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

[ 45 (N) ]

3. LICENSE FEE AND SECURITY DEPOSIT

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

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

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

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

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

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

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

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

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

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

4. LICENSE FREE PERIOD

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

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

[ 46 (N) ]

5. OBLIGATIONS OF THE LICENSEE

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

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

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

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

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

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

[ 47 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

[ 48 (N) ]

6. PAYMENT OF DUES AND TAXES

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

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

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

7. REPRESENTATIONS AND WARRANTIES

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

(I) In case the Licensee is a company :

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






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

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

[ 49 (N) ]

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

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

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

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






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

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

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

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

(III) In case the Licensee is an individual :

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

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

[ 50 (N) ]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[ 51 (N) ]

8. TERMINATION

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

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

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

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

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

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

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

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

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

[ 52 (N) ]

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

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

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

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

10. INDEMNIFICATION

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

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

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

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

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

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

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

11. NOTICE

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

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

If to the Licensee :

(Name & address of Licensee)

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

[ 53 (N) ]

12. GOVERNING LAW AND JURISDICTION

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

13. MISCELLANEOUS

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

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

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

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

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

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

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

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

Signature of Licensee Signature ofAssistant Commissioner (RPC)

On behalf of NDMC (Licensor)

Witness :—

1. _______________________

2. _______________________

[ 54 (N) ]

SCHEDULE—I

LAYOUT PLAN OF THE LICENSED PREMISES

For Newspapers

NOTICE INVITING TENDER

(for allotment of ‘Cup and Saucer Restaurant’)

North Delhi Municipal Corporation (NDMC) desires to allot the ‘Cup & Saucer Restaurant’situated adjacent to Minto Road Bridge at Minto Road, near Connaught Place, New Delhi which is anideal place for restaurant and allied activities on license fee basis for a period of 5 years on “as is whereis” basis. Any person (except a minor) having relevant business experience with annual turnover ofRs. 10,00,00,000/- (Rupees ten crores only) and above in hotel, restaurant and allied business and showingprofit in last three years, not barred/blacklisted by NDMC or any government department is eligible toparticipate in the bidding process. The reserved minimum license fee is Rs. 10,00,00,000/- (Rupees tencrores only) per month and EMD to be deposited is Rs. 30,00,00,000/- (Rupees thirty crores only).

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

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

Sd/-


[ 55 (N) ]

Item No. 67 :— Simplification of Trade License policy of markets, trades, occupations,maintenance and regulations thereof as laid down under Chapter XX ofthe DMC Act.

(i) Commissioner’s letter No. F. 33/CL&EC/NDMC/365/C&C dated 19-12-2012.

In the erstwhile unified Corporation, the trade licence policy was approved by the Corporationvide Resolution No. 235 dated 28-7-2008. With the gap of time, it has become a common sight that thepolicy is not materialized in its entirety resulting very few turnout for obtaining licence under the existingpolicy.

Now, therefore, consequent to its existence on account of trifurcation of erstwhile MCD,South Delhi Municipal Corporation finds it implicit to create a new database of licensable entities forregulation and enforcement of related rules and regulations as per various provisions laid down underDMC Act by replacing the existing trade licence policy with new simplified policy. This is essentiallyrequired with a view to secure improvement in jeopardized civic amenities where large scale flagrantviolators continue to operate unabatedly without a licence or doing other than activities for which licencehas been granted, hence the same needs to be regulated under the laid down provisions of the. Act.

In view of above, it is necessary to simplify the trade licence policy by widening the ambit oftrade/occupations of all permitted trade activities running in trade premises as defined under Section 2 (59)of the DMC Act and occupations under the jurisdiction of North Delhi Municipal Corporation. The saidsimplified Trade Policy has been duly vetted and concurred by the Law Dept. and Finance Deptt.

The proposed trade policy contains the following Annexures :—

(a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGYIN GRANT OF LICENSE

(b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE &APPLICABLE TRADE LICENSE FEES

(c) ANNEXURE-III — MASTER PLAN REGULATIONS

(d) ANNEXURE-IV — AFFIDAVIT FORMAT

(e) ANNEXURE-V — APPLICATION FORM–for New Trade License

(f) ANNEXURE-VI — LICENSE FORMAT

(g) ANNEXURE-VII — LIMITED LICENSE FORMAT

(h) ANNEXURE-VIII — ECS FORMAT

(i) ANNEXURE-IX — PUBLIC NOTICE

(j) ANNEXURE-X — DEFAULTER NOTICE FORMAT

(k) ANNEXURE-XI — APPLICATION FORM–for Renewal of Trade License

(l) ANNEXURE-XII — APPLICATION FORM–for Duplicate Trade License

(m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT

Therefore, the revised and simplified Policy of Trade Licence be placed before theCorporation routed through Standing Committee for approval in this behalf as an item of Urgent Business.

[ 56 (N) ]

NORTH DELHI MUNICIPAL CORPORATION OF DELHICENTRAL LICENSING AND ENFORCEMENT CELL

11TH FLOOR, CIVIC CENTRE, MINTO ROAD, NEW DELHI

Subject :— Simplification of Trade License Policy and regulation thereof as laid down underChapter XX of the DMC Act, 1957 relating to markets, slaughters houses, trade,occupations etc.

Section 2(59) of the DMC Act defines trade premises as any premises used or intend to befor carrying on any trade or industry. Further Section-417 of the DMC Act provides that no premjses shallbe used for certain purposes as mentioned below without having a valid license.

“No persons shall use or permit to be used any premises for any of the following purposeswithout or otherwise than in conformity with the terms of a license granted by the Commissioner in thisbehalf, namely :—

(a) Any of the purposes specified in Part-I of the Eleventh Schedule;

(b) Any purpose which is, in the opinion of the Commissioner dangerous to life, health orproperty or likely to create a nuisance;

(c) Keeping horses, cattle or other quardruped animals or birds for transportation, sale or hireor for sale of the produce thereof; or

(d) Storing any of the articles specified in Part-II of the Eleventh Schedule except fordomestic use of any those articles:

Provided that the Corporation may declare that premises in which the aggregate quantity ofarticles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of anysuch articles shall be exempted from the operation of clause (d)”.

(1) In prescribing the terms of a license granted under this section for the use of premises asmills or iron yards or for similar purposes the Commissioner may, when he thinks fit,require the licensee to provide a space or passage within the premises for carts forloading and unloading purposes.

(2) The Corporation shall fix a scale of fees to be paid in respect of premises licensed undersub-section (1).

All permitted trade activities running in trade premise as defined under Section 2(59) of theDMC Act and occupations under the jurisdiction of North Delhi Municipal Corporation (NORTH DMC forshort) are under obligation to obtain trade license u/s 417 of the DMC Act. The existing Trade licensingPolicy was brought into force in 2008 and since then much water has flown under the bridges as newtrades/services have come into being which may not strictly fall within the purview of the existing tradepolicy and require to be taken care of apart from streamlining the provisions of the existing trade policy tofacilitate the citizens. With a view to secure improvements in jeopardized civic amenities, large scaleflagrant violators continue to operate unabatedly, without a license or doing activities other than those forwhich license has been granted, hence the same needs to be regulated under the provisions laid downunder the Act.

The North Delhi Municipal Corporation, consequent to its existence on account of trifurcationof erstwhile Municipal Corporation of Delhi, finds it implicit to create a new database of licensable entitiesfor regulation and enforcement of related rules and regulations as per various provisions under the DMCAct.

[ 57 (N) ]

Keeping this factum in mind following reforms are required to be taken care of on priority :

(1) Simplification of licensing procedure so that people are able to comply with legalobligations without being subjected to harassment.

(2) Streamline record keeping with a view to improve operational efficiency.

(3) Establish processes for better enforcement against defaulters.

(4) To bring transparency in the system and to comply with the directions of the CENTRAL.VIGILANCE COMMISSION that there should be maximum application of technology inlicense grant and renewal process.

(5) Widen the ambit of trade/occupations (service sector).

In furtherance of abovenoted exercise adoption of certain ways and means as detailed belowwould increase revenue multifold in terms of :

(1) Recovery of dues from units with lapsed license/unlicensed units.

(2) Timely Recovery from renewals through banking channels.

(3) Bringing more activities under the net.

(4) Centralised collection from establishments having more than one premises.

(5) Database to assist property tax department to ascertain use of premises.

(6) Maintain relevant records for accounts and audit.

To streamline and regulate establishments/trades/occupations following needs considerationfor approval :

(1) FRESH CLASSIFICATION OF CATEGORY OF LICENSABLE PREMISES IN A LISTWHICH SHALL INCORPORATE THE NEW CATEGORY OF PREMISES INADDITION TO THE EXISTING NOTIFIED CATEGORIES IN THE ELEVENTHSCHEDULE U/S 417 OF DMC ACT :

l Keeping in mind the present economic activities in vogue, a scientific classification oflicensable premises together with applicable fees as per Section 430 of DMC Act isproposed and annexed as Annexure-II. Since economy has moved from manufacturing toservice centred economy, a TRADE LICENSE CLASSIFICATION CODE is beingproposed for approval and as given in Annexure-II. The license fee/processing fees arenon refundable under any circumstance whatsoever.

l Inherent powers granted u/s 430 (2), laid down applicable license fees for variouscategories are mentioned as per Annexure-II. These are flat rates and not based on areawhich shall do away with all individual discretion and related pilferages.

(2) AUTOMATIC INCREASE IN APPLICABLE TRADE LICENSE FEES AFTER EVERYTHREE YEARS :

The under notification licence fee shall be applicable with immediate effect and next increaseshall be in the financial year beginning 1st April, 2016. This is based on the inflation factor in mind and,therefore, the Trade license fees shall automatically be increased by 10% after every three years.

[ 58 (N) ]

(3) NOTIFICATlON OF NEW TRADES/APPLICABLE LICENSE FEES THEREOF :

At any point of time if any new Trade comes into existence, its category as well as licensefees amount shall be approved and notified by the Corporation from time to time. In case a trade orstorage is not covered under the existing classification it shall be licensed under “OTHERS” categoryhaving license fee @ Rs. 15,000/- per annum till the time it has not been notified by the Corporation.

(4) NUMBER OF LICENSES PER ESTABLISHMENT :

In case one establishment retails more than one product within a single enclosure, license shallbe made in the highest license fees category.

(5) EXEMPTED CATEGORIES :

Henceforth no trades/callings/occupations shall be exempt from obtaining Trade/StorageLicense, except the following :—

(a) Individual Lawyers Chambers.

(b) CA (Chartered Accountants) Offices :—However administrative offices of companies atthe address of CA shall not be given any exemption. Similarly if the office of CA firm isrunning insurance braking/stock broking business from the said premises, it shall not beexempted from obtaining license and paying the applicable license fees.

(c) All institutions For Physically Challenged/Deaf & Dumb/Blind duly certified byCompetent Medical Authority.

(d) All Government Owned Educational Institutions.

(e) Trades/Storages exempted by the Corporation.

Note :— Trade/Occupation like canteen/gym/small stationary shops etc. running in above premisesare not exempt from Trade License.

(6) RESTRICTED, NEGATIVE AND PROHIBITED LIST OF TRADES/STORAGES :

(a) The cases of trade/storage license which are fire prone/polluting/posing threat to publicsafety and health shall be subjected to intense scrutiny before grant of license. Sincelicense for such trades/storages/occupations needs high regulation, such applications shallbe routed through the Deputy Commissioner of the Zone for further processing and he/she may insist for additional documentations/affidavits for processing such applications.

(b) In “Special Areas” if falling under jurisdiction of NORTH DMC, restriction will beimposed on storage/warehousing of bulk storage of cominodities like food grains, fruitsand vegetables, dairy, poultry/fish products, Iron & Steel, or building materials. Further, insuch areas storage of hazardous/inflammable commodities like paper/plastic/PVC/Chemicals/Petroleum and its products shall not be granted. It is stated that storing ofchemicals listed under Schedule-I and/or II of the Manufacure, Storage and import ofHazardous Chemical Rules 1989 and Public Liability Insurance Act, 1990 are prohibited.

(c) Any category for which the Government has earmarked special locations from wheresuch trades/occupations can operate or there can be a threat to human safety will begoverned by such regulations.

(d) Industries manufacturing such items prohibited by DPCC shall not be granted license.

(e) That the restrictions or controls shall be based on, but not limited to, as per MPD-2021 ordirections of any Court of law or any Competent Authority thereof.

[ 59 (N) ]

(7) CONTROLS ON CERTAIN TYPE OF TRADES/STORAGES/OCCUPATIONS,LICENSE TO BE GRANTED AS PER PROVISIONS OF MASTER PLAN OF DELHI :

All trade licence shall be governed/under obligation imposed by or under this ACT or anyother law for the time being in force. Keeping this fact in mind in its entirety, any trade activity running inthe premises under Delhi Specials Provisions Act, 2011, a temporary permission will be granted in the formof Limited License which shall be effective for the period till such protection is in force and this shall, ipsofacto, stand null and void immediately after it ceases to exist. The license fees of the Limited License shallbe same as of regular license. No refund of license fee in any situation shall be permitted.

(8) APPROVAL OF GENERAL TERMS AND CONDITIONS :

In order to safeguard the interests of public at large against misuse of Trade/Storage License,a STANDARD AFFIDAVIT has to be taken from all applicants of new license/as well as re-registrationof existing licence holders.

(9) ELIMINATION OF COMPLEX DOCUMENTATION :

With a view to achieve its larger response it is implicit in the policy to minimise the inconven-ience of applicants. Thus, the requirement of following documents is proposed to be dispensedwith/required conditionally :—

The requirement of following documents is proposed to be dispensed with :—

(a) Sanctionted Building Plan & Occupancy Certificate (In case of premises protected underDelhi Specials Provisions Act, 2011).

(b) Key Plan.

(c) Landlord NOC.

(d) Property Tax Payment Slip.

Documents required in specific cases/conditionally :

(a) Structural Safety Certificate :—The applicant shall furnish an affidavit/indemnity boundin the prescribed format that the building/premises in structurally safe and that he will beresponsible for any mishappening and he is not indemnified agaist any damages caused byany mishappening.

(b) Pollution NOC :—All units which are polluting in nature shall require consent of DPCCand such units shall need to submit NOC’s/approvals as per the pollution control guidelinesin vogues from time to time.

(c) Fire Safety Certificate will be required only in the following cases :

(i) Hotels and guest houses having height more than 12 metres having ground plus threeupper storeys including mezzanine floor.

(ii) Educational buildings having height more than 9 metres or having ground plus twoupper storeys including mezzanine floor.

(iii) Institutional buildings having height more than 9 metres or having ground plus twoupper storeys including mezzanine floor.

(iv) Business buildings having height more than 15 metres or having ground plus fourupper storeys including mezzanine floor.

[ 60 (N) ]

(v) Mercantile builqings having height of more than 9 meters or having ground plus twoupper stories inpluding mezzanine floor.

(vi) Industrial buildings having covered area on all floors more than 250 square metres.

(vii) Storage buildings having covered area on all floors more than 250 square metres.

(viii) Underground structures.

(ix) All hazardous building having covered area on all floors more than 100 sqm. Thisincludes a building or part thereof used for :—

• Storage, handling, manufacture of processing of radioactive substances or highlycombustible or explosive materials or of products which are liable to burn withextreme rapidity and/or producing poisonous fumes or explosive emanations;

• Storage, handling, manufacture or processing of which involves highly corrosive,toxic or noxious alkalis, acids, or other liquids, gases or chemicals producingflame, fumes and explosive mixtures etc. or which result in division of matter intofine particles capable of spontaneous ignition.

• Activities which required license by Chief Controller of Explosives, Nagpur.

The objective of this policy is to bring large scale violators within the ambit of this policy andto regulate their activities under the DMC Act. However, while considering this aspect the prime concernof public safety, health and nuisance shall also be taken into account.

(10) SIMPLIFICATION OF DOCUMENTATION TO BE SUBMITTED ALONG WITHAPPUCATION FORM FOR GRANT OF ERESH LICENSE :

The following documents needs to be submitted while applying for a new license :—

(a) APPLICATION FORM (Annexure-V) :—Duly completed.

(b) ESTABLISHMENT REGISTRATION DOCUMENT :—ROC Registration/FirmRegistration from Registrar of Firms or Society/IEC (import/export) Code issued byDirectorate General of Foreign Trade/Registration with Any Government Agency etc.

(c) COPY OF PAN CARD IN CASE OF THE ESTABLlSHMENT/PROPRIETOR :—(in case establishment is exempt from PAN requirement, the same should be sworn in theaffidavit).

(d) ROOF OF ADDRESS OF THE ESTABLISHMENT :—To establish the legaloccupancy of the establishment on the premise any of the following dpcuments can beprovided,

(e) ID PROOF THE PERSON SIGNING THE APPLICATION FORM :—AnyGovernment ID Document or else PAN Card Copy.

(f) AFFIDAVIT DULY NOTARISED AT THE RATE PRESCRIBED UNDER DELHISTAMP ACT.

(g) LOCATION OF THE PROPERTY MARKED ON AN AREA MAP :—Anystandard map such as Google Map or Eicher Map or map prepared by an architect ofNorth DMC can be used.

[ 61 (N) ]

(h) CONDITIONAL REQUIREMENT :

(i) Affidavit/Indemnity Bond to be furnished by the applicant in the prescribed formatthat the building/premises is structully safe and that he will be responsible for anymishappening and he is not indemnified against any damages caused by anymishappending.

(ii) Fire NOC.

(iii) Pollution NOC.

(iv) In case of any existing Trade License, proof of payment of applicable Trade Licensefee for the current financial year.

(v) Proof of Payment of One Time Settlement Fees for arrears, if Applicable.

(vi) Proof of Parking & Conversion Charges (If Applicable) : In case the applicant doesnot provide the proof of Parking/Conversion Charges (wherever it is applicable), theTrade license shall not be granted.

(vii) In case the land has been provided by North DMC or the erstwhile MCD or anyother Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of theAllotment Letter or any other proof of occupancy.

(viii) Sanctioned building Plan or Occupancy Certificate or Regularisation plan of thepemises.

Wherever the building is protected under Delhi Specials Provisions Act, 2011, theapplicant may indicate so. In case of buildings protected under Delhi SpecialsProvisions Act, 2011, limited license in respect of trade running in such premises shallbe issued which shall be effective for the period till such protection is in force and thisshall, ipso facto, stand null and void immediately after it ceases to exist. No licensefee shall be refunded in any circumstances.

(i) OPTIONAL :

(i) Latest Property Tax Receipt, if any.

(In case document as mentioned above are not supplied, it shall not be a ground fordenial of trade license. However, the licensee cannot claim/demand immunity frompayment of such applicable Municipal taxes/fees/fines/penalties on the ground that theTrade License has been granted without verification of such applicable Municipaltaxes/fees/fines/penalties.)

(j) OTHER DOCUMENTS AS APPLICABLE :

The objective of this policy is to bring large scale violators within the ambit of Trade Licenseand to regulate their activities under the Act. However, the Commissioner, North DMC is empowered toadd/remove/modify the requirements at any point of time to meet the overall object of public safety, healthand nuisance.

[ 62 (N) ]

(11) REGULATION OF TRADE LICENSE AS PER BUILDING REGULATION :–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––

Authorised Building Unauthorised Building–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––Trade License shall be Structure is protected undet Delhi Special Structure is not protecedgranted Provisions Act under Delhi Special Provisions

Act.–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––

After the establishment provides affidavit/ License shall not be granted.indemnity bound as prescribed under clause9(a) of the Policy, Limited License will begranted which shall be effective for theperiod for which they may enjoy certainimmunity and shall stand null and voidwhen it ceases to exist.

–––––––––––––––––––––––––––––––––————––––––––––––––––––––––––––––––––––––––• The licensee cannot claim/demand immunity from action or penalties on the ground that

the Trade License has been granted without verification of such applicable provisions ofbeing ‘Authorised Building’.

• Grant of license under the scheme shall not, ipso facto, entitle the licensee to claimpermission as laid down under Section 347 of the DMC Act or any permission availableunder the Act.

• Granting of more than one license in a premises does not/can not mean approving of suchdivisions of the property for the purpose of chapter XVI in any circumstances.

(12) VERIFICATION OF ENCROACHMENTS ON PUBLIC LAND BEFORE GRANT OFLICENSE :

• Trade License shall be granted only to such establishment that have not encroached onGovernment or public land. This shall be considered primarily on the basis of statementand affidavit of the applicant. However, in case, any discrepancies in the affidavit/statement is found, strict action and penalties under the DMC Act shall be imposed andaction for cancellation of license shall be undertaken against that establishment.

• In case there is encroachment on Government or public land, it shall be ascertained if it isprotected under special laws, the application shall be processed, for grant of LimitedLicense which shall be effective for the period for which they may enjoy certain immunityin the special area and shall stand null and void when it ceases to exist.

• The licensee cannot claim/demand immunity from action or penalties on the ground thatthe Trade License has been granted without verification of such applicable provisions ofencroachments.

• License shall be void ab-intio/illegal in case it is found that that the same has beenobtained on encorached land or right of way or any other encroachment that are notprotected under Special Laws.

[ 63 (N) ]

(13) DELlNKING OF GRANT OF LICENSE FROM OTHER LIABILITIES/OBLIGATIONSMADE AVAILABLE UNDER THE ACT :

The trade/storage license shall not be withheld on account of any other Municipal taxes/fees/fines/penalties (except those mentioned at Para 10(h) above) that may be due to NORTH DMC. TheTrade licensing authority shall be responsible for regulating the trade license for the purpose of PublicConvenience, Public Safety and health. It shall be the responsibility of respective departments of NORTHDMC to recover the taxes/dues applicable in respect of them. The licensee cannot claim/demand immu-nity from payment of such applicable Municipal taxes/fees/fines/penalties on the ground that the TradeLicense has been granted without verification of such applicable Municipal taxes/fees/fines/penalties.

(14) REGISTRATION OF ALL ESTABLISHMENT AND PAYMENT OF PROCESSINGCHARGES :

All estahlishments (those who have valid license for the current financial year 2012-2103. aswell as those who are operating without license) need to register with NORTH DMC in the notified timeframe and pay applicable Processing Charges for registration. In case any establishment has a validlicense for the current financial year, it shall have to pay only the Processing charges (This is non-transferableand non refundable, presently one time processing charges are Rs. 550/- which may vary from time totime, depending upon the exigency of work) to register the establishment in the scientific database beingprepared for streamlining the administration of licenses by NORTH DMC.

(15) CONDITIONS FOR RE-REGISTRATION OF ALREADY LICENSED UNITS :

Any existing valid license shall stand automatically cancelled in case of change of ownership/change of address/change of nature of business/change in name of the company or death of theowner/proprietor :—

• In case of change of place of business, nature of business, changein name of theCompany, the old license shall cancel and a new license shall be applied along withpayment of applicable license fees.

• Incase where the change of ownership on account of death of the proprietor, partner,director, member by their legal heir no license fees shall be charged.

• It shall be the liability of the establishment to inform the South Delhi MunicipalCorporation of such incidence and get the old license cancelled and new license issuedwithin 30 days of such incident(s). After expiry of 30 days, application for re-registrationunder this clause shall not be entertained under any circumstances.

(16) LICENSE NUMBERING AND E-LEDGER :

North DMC shall create a new license numbering system in the view of the scientificdatabase which shall be created as a result of door to door registration/special registration camps in thejurisdiction of North DMC.

(17) LICENSE/LIMITED LICENSE FORMAT :

A standard format has been proposed and the back side of the license shall have printed termsand conditions of the license and all conditions u/s 430 (1) of the DMC Act or other pre conditions asapproved from time to time by the competent authority.

[ 64 (N) ]

(18) DISPLAY OF LICENSE :

Henceforth, all establishments need to display the Trade Licenses at a conspicuous visible andprominent location within their premises. This shall help in easy identification of all licensed units andthereby help in enforcement against unlicensed unit. They are liable to produce the same for inspectionu/s 430 (5) of the DMC Act.

(19) ONE TIME SETTLEMENT SCHEME FOR ARREARS/UNREGISTERED PREMISESDURING THE SPECIAL DOOR TO DOOR REGISTRATION :

As many establishment may have been in existence for long but would not have obtainedtrade license or may have arrears for non renewal of Trade license. These establishment can clear all olddues, subject to payment of a onetime penalty at the rate of five times the annual current year licensefees payable provided that the same is covered under the present policy. One those establishments whichparticipate in door to door registrartion and make on the sport payment can avail of the said benefit.

(20) METHOD OF PAYMENT OF LICENSE FEES/RENEWAL LICENSE FEES :

• North DMC shall encourage applicants to regularly make payment towards the fee forcurrent financial year and of renewal of license fee thereof. It is optional for the applicantto make the payment either on annual basis or for three years in lump sum. In case offresh license 10% discount shall be given when the applicant makes lump sum paymentfor three years. In case of renewal the discount of 10% shall be made available onlywhen it is made before expiry of the existing license period.

• The mode of payment of license fee would be by way of cash, pay order/banker cheque,credit/debit card or online payment gateway. The applicants who choose to pay thelicense fee on annual basis shall be encouraged to pay through ECS FORMAT. Theburden on account of ECS charges will be borne by the applicant himself.

• However, establishments shall have the option of making license renewal fees payment incash at the North Delhi Municipal Corporation approved locations or direct payment intothe designated bank account for license renewal of the North Delhi Municipal Corpora-tion. That the standard payment slip can be downloaded from the website of NORTHDMC and the entire partnering bank/s shall also keep such customized pay in slips forbenefits of licensee.

(21) COST OF ELECTRONIC TRANSACTION CHARGES TO BE BORNE BY THEAPPLICANT :

All electronic payments be it during special door to door registration scheme of later forrenewal shall be borne by the applicant.

(22) SPECIAL REGISTRATION DRIVE AND MODE OF PAYMENT OF LICENSE FEES/PROCESSING FEES DURING THE SPECIAL REGISTRATION DRIVE :

• The NORTH DMC shall select an agency through tender process to carry out door todoor registration/special registration camps in markets to ensure universal coverage ofestablishments under Trade license falling in the jurisdiction of NORTH DMC. For thisservice, processing charges in addition to the applicable license fees shall be paid by theestablishment.

[ 65 (N) ]

• The processing charges can be paid either in the form of Demand Draft or Online/POSMachines using Debit or Credit Cards or Pay Pal Card etc. or Mobile Payment or Cashor any other method as approved by Reserve Bank of India.

• That the establishment has the option of making direct payment in the designated bankaccount for such purposes. The NORTH DMC or any agency appointed thereof shallnot be responsible for any cash payments to unauthorised persons or at unauthorisedlocations.

(23) MODE OF PAYMENT OF LICENSE FEES BY ESTABLISHMENTS HAVINGMULTIPLE LICENSED UNITS ACROSS JURISDICTION OF NORTH DMC :

If any establishment having the same PAN Number has multiple shops/establishments acrossjurisdiction of NORTH DMC (e.g. retails stores chains etc.), the establishment can pay centrally for allestablishments to the competent authority :—

(a) This is in line with the demand from business establishments having multiple establish-ments in a city who want to pay all license fees in one go without the need for undergoingcomplex and multiple documentation.

(b) At the time of registration of such establishments, they shall have to provide additionalinformation in supplementary registration form along with photo of the establishment andaddress proof.

For all such existing licensed units, the quoting of allotted license number shall be mandatory,pending which the amount shall be forfeited and license cancelled.

(24) MODE OF MANAGEMENT OF LICENSE FEES/PENALTY ETC. :

All the income generated under this scheme shall be deposited in general account of NORTHDMC. Income received on account of following transactions shall be maintained in the D&C registerseparately indicating following mandatory details :—

(a) Commissioner, North Delhi Municipal Corporation License Registration A/c.

(b) Commissioner, North Delhi Municipal Corporation License Renewal A/c.

(c) Commissioner, North Delhi Municipal Corporation License Penalty A/c.

(d) Commissioner, North Delhi Municipal Corporation License Interest A/c.

(e) Any other account that the Commissioner, North Delhi Municipal Corporation mayprescribe :—

• This is not only beneficial from the point of view of accounting and audit but will alsohelp keep track of defaulters.

• Daily reconciliation of bank statements shall be done and the audit shall be done on afortnightly basis by NORTH DMC for this purpose.

(25) GRANT OF PROVISIONAL LICENSE/LIMITED LICENSE :

In order to streamline records of trade license and ensure transparency, all applicants of newTrade Licenses shall be issued by a Provisional License/Provisional Limited License which shall be validfor a period of 90 days. The Provisional License/Provisional Limited License shall be issued only aftersubmission of complete application/pending scrutiny and the payment receipt is confirmed.

[ 66 (N) ]

(26) LICENSE ISSUING AUTHORITY :

The permanent license may be given once all the documents are verified and applicationapproved by the competent authority. Under Section 491 of the DMC Act, the Commissioner herebydesignates the following license issuing authority :—

(a) Administrative Officer of License Department for all licenses with annual license feesupto Rs. 7,500/-.

(b) Asstt. Commissioner (Licensing) of the respective zones for all licenses with annuallicense fees of Rs. 7,501/- and above.

(27) RENEWAL FROM RESPECTIVE ZONE UNDER NORTH DMC :

The licensee shall be required to submit application for renewal along with proof of paymentof prescribed license fee to the CSB counters in the respective zone. Further, renewal can also be appliedon-line through the application provided by the Corporation. The Application for renewal has to besubmitted at least 30 days prior to the date of expiry of the license being held by the licensee. In case ofrenewal application submitted at CSB counters applicable CSB service charges shall be paid in addition tothe license fee.

(28) TIME LIMIT FOR ISSUANCE OF TRADE LICENSE :

The Licensing Branch of the zones has to process the document and complete all theformalities within 60 days of submission of the application form. In case of any deficiencies/anomalies arenoticed in the same, it shall be communicated to the applicant within 15 days of receipt of the application.

(29) PERIOD OF VALIDITY OF LICENSE :

In the interest of convenience of licensees (as the current financial year would shortly cometo an end by the time this policy is opetationalized) the validity of the license issued in case of license feepaid for one year shall be 31-3-2014. Similarly if the establishment has paid license fee for three years, itsvalidity shall be 31-3-2016. For purposes of record, every license granted under Section 417 and 430 ofDMC Act shall cease to be valid on 31st day of March of the year. All trade & storages which requireannual consent of Delhi Fire Service, DPCC, Delhi police etc shall be given license annually only.

(30) PENAL ACTION FOR NON COMPLIANCE :

No person shall run trade activity without written permission of the Commissioner, NORTHDMC. Any violation of the obligation imposed by or under the Act shall attract Prosecution action as laiddown u/s 461 and the Twelfth Schedule of the DMC Act.

(31) PENALTY :

Penalty for Non Registration within the Sepcified Time Limit :

Penalty of Rs. 1,000/- for each such default and Rs. 100/- per day post the notice period.

(32) FORMAT OF NOTICE FOR COMPLIANCE :

Those establishments who fail to get registered despite PUBLIC NOTICE and do not pay therelevant license fees/processing charges during the door to door registration shall be served with aDEFAULTER NOTICE for compliance, format of which is enclosed.

[ 67 (N) ]

(33) GENERAL TERMS AND CONDITIONS FOR GRANT OF LICENCE :

After receipt of application, the Authorised Officer may visit the site within 15 days forinspection/enquiry as he may deem fit, and thereafter issue the licence after obtaining approval of theCompetent Authority within 60 days of the receipt of application. The following norms will be adopted bythe licensee also :—

(a) The licensee shall permit the authorized officer to inspect the premises underconsideration and licensed premises at all reasonable times and without notice.

(b) The licence shall be displayed in the trade premises and the licensee shall on demandproduce it for inspection to the authorized officer.

(c) The licensee shall neither do nor permit any negligent act likely to cause fire or otherwiseendanger the public safety in the licensed premises.

(d) The licensee shall provide such adequate fire extinguishing measures and appliances asmay be determined by Delhi Fire Service.

(e) Whenever the licensed premises will be vacated, the licensee shall inform the concernedOfficer and will return the licence.

(f) The licensee shall keep the premises clean and will prevent accumulation of filth orrefuse.

(g) The licence shall not be transferable from one premise to another.

(h) The licensee shall make separate storage arrangements for the articles which areintended for human & annimal consumption and which are poisonous or likely tocontaminate.

(i) The licensee shall ensure that not act done in the license premises shall lead to danger tolife or property, nuisance etc.

(j) The licensee shall not encroach upon public land in any manner.

(34) REVOCATION, SUSPENSION AND RESTORATION OF LICENCE :

If the licensee fails to comply with any of the conditions of licence, the Dy. Commissioner ofthe concerned zone or any other authorized officer, after giving an opportunity to the licensee of beingheard in the matter, revoke or suspend the licence. The appeal for restoration of such revoked/suspendedlicence will lie with the Addl. Commissioner, In-charge of the Zone, if the licensee has removed thecontraventions.

(35) DUPLICATE LICENSE :

The duplicate license will be issued in case the original trade license is lost, mutilated ordestroyed, etc. Processing fees for duplicate license shall be as per prescribed rates and shall be appliedalong with old license No. (with copy of the original license if available), copy of FIR/NCR in case it is lostor misplaced and an affidavit, as prescribed, on Non Judicial Stamp Paper to the effect that the lostlicense, if traced, will not be misused and will be returned to the NORTH DMC.

List of Annexures attached with this policy :

(a) ANNEXURE-I — CVC DIRECTIONS FOR USE OF TECHNOLOGY INGRANT OF LICENSE

(b) ANNEXURE-II — TRADE LICENSE CLASSIFICATION CODE &APPLICABLE TRADE LICENSE FEES

[ 68 (N) ]

(c) ANNEXURE-III — MASTER PLAN REGULATIONS

(d) ANNEXURE-IV — AFFIDAVIT FORMAT

(e) ANNEXURE-V — APPLICATION FORM FOR FRESH TRADELICENCE

(f) ANNEXURE-VI — LICENSE FORMAT

(g) ANNEXURE-VII — LIMITED LICENSE FORMAT

(h) ANNEXURE-VIII — ECS FORMAT

(i) ANNEXURE-IX — PUBLIC NOTICE

(j) ANNEXURE-X — DEFAULTER NOTICE FORMAT

(k) ANNEXURE-XI — APPLICATION FORM FOR RENEWAL OF TRADELICENCE

(l) ANNEXURE-XII — APPICATION FORM FOR DUPLICATE TRADELICENCE

(m) ANNEXURE-XIII — PROVISIONAL LICENCE FORMAT

ANNEXURE-I

MUNICIPAL CORPORATION OF DELHICENTRAL LICENSING & ENFORCEMENT CELL

Nigam Bhawan, Kashmere Gate, Delhi-6

No. OSD/CL&EC/2010/16 Dated : 19-1-2010

Please find enclosed herewith the Minutes of the meeting of Select CVOs held on30-11-2009, issued by Ms. Shalini Darbari, Director, Central Vigilance Commission (CVC) videNo. 009/CRD/021/67283 dated 16-12-2009, for taking necessary action on the item related to issue ofLicences and Building activities in the Zones of MCD.

Encl. : As above. Sd/-

(AMIYA CHANDRA)OSD (CL&EC)

1. All DCs/ACs of the Zones of the MCD (City Zone).

2. Superintending Engineer (Building) (HQ), MCD.

Copy for kind information to :—

1. Addl. Cm. (revenue), MCD

2. Chief Vigilance Officer, MCD.

[ 69 (N) ]

No. 009/CRD/021/67283GOVERNMENT OF INDIA

CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan, Block-AGPO Complex, INANew Delhi-110023

Dated 16th December, 2009

To,

Shri Pradeep Srivastava,Chief Vigilance Officer,MCD,16-Rajpur Road,Delhi.

Subject :— Meeting with Select CVOs—regarding.

Sir,

A copy of the minutes of the meeting of Select CVOs held in the Commission on 30-11-2009,is enclosed for necessary action. Action taken report in the matter may be furnished to the Commission atthe earliest.

Yours faithfully,

Sd/- 16-11-2009

(SHALINI DARBARI)Director

MINUTES OF THE REVIEW MEETING HELD BY THE COMMISSION WITHSELECT CVOs ON 30-11-2009

CVC in the chair.

2. At the outset, CVC welcomed the participants and informed that the Commission wasreintroducing the system of holding review meetings with CVOs in smaller groups, in order to addressproblem areas in a more focused manner. There was need for CVOs to concentrate on areas prone tocorruption specially where there was public interface. The public delivery services reflected the face ofthe Government to the public at large and even petty corruption in these places marred the image of theGovernment. The senior officers should be sensitive to these aspects and should act decisively to put acurb on corrupt practices in their respective departments, else penal action could result against seniorofficials if visible improvement was not perceived. The priority of the Government in this regard wasclearly laid down. The departments like DDA would have to minimise personal contacts to the largestextent possible. The Commissioner’s emphasis on leveraging of technology to stop public interface shouldbe accorded highest priority by CVOs. Non implementation of these guidelines by the organisations wouldbe interpreted as “malafide” and could invite disciplinary proceedings.

3. Vigilance Commissioner Smt. Ranjana Kumar emphasised the need for adhering to the timelimits set. The delays in cases needed to be explained. There was a lack of sensitivity towards gravity ofissues. The monthly report being sent by CVO was taken as a routine. There was a need for a stated

[ 70 (N) ]

complaint handling policy in all organisations. The focus should be on putting systems and policy in place.CVOs should not go by presumptions but do proper analysis of facts.

The issues pertaining to the departments were also discussed.

GNCTD :

1. CVC desired that Delhi Government should concentrate on systems improvements. Oneofficer in each of the major departments of Delhi Government should be nominated asCVO. A CVO can also be appointed for a cluster of departments. This should be acted onimmediately. The list of designated officers should be sent to the Commission by end ofDecember, 2009.

(Action : CVO, GNCTD)

2. CVO, GNCTD raised the issue of the cases where the files were lost and action couldnot be proceeded with CVC observed that the issue was quite grave. The custodian of thefile should be taken up under disciplinary proceedings. Simultaneously efforts should alsobe made to reconstruct such files.


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


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


Railways :

1. CVC observed that Railways should also concentrate on systematic improvementsspecially freight operations and parcel bookings.

(Action : CVO, Railways)

2. The areas of activity where public interface is maximum should be immediately taken upfor computerisation in order to minimise the use of discretionary powers.


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


4. The number of cases being generated in the Ministry of Railways was very large. CVO,Railways mentioned that a proposal had been sent to the Commission in this connection.CVC desired that the proposal should be examined quickly in the Commission.

(Action : Coordination-I)

[ 71 (N) ]

MCD :

1. CVO, MCD informed the Commission about systemic changes introduced in the area ofsanction of Building Plans and sanction of Completion Certificates. CVC observed thatthe areas of activities where MCD had to accord clearances especially relating to li-cences should be streamlined. These activities should also be covered under leveraging oftechnology. This should be done within the time frame of six months.

(Action : CVO, MCD)

LIST OF PARTICIPANTS

Shri A.P. Mishra, Advisor (Vig.),Railway Board,Rail Bhawan,New Delhi.

Smt. Rina Ray, Secretary (Vig.),Govt. of NCT of Delhi,Delhi Sachivalaya,New Delhi.

Shri Pradeep Srivastava,Chief Vigilance Officer,MCD,16, Rajpur Road,Delhi.

Smt. P. Gopinath,Chief Vigilance Officer,Delhi Jal Board,Varunalaya, Phase-II,Karol Bagh,New Delhi.

Shri Alok Swarup,Director (Vigilance),DDA,Vikas Sadan, INA,New Delhi.

Shri Sat Paul,CVO, BSNL,Corporate Office,Statesman House,New Delhi.

Ms. Jasdeep V. Singh,CVO, CLEC,Room No. 280, Samrat Hotel,Chankyapuri,Kautilya Marg,New Delhi-110021.

[ 72 (N) ]

ANNEXURE-II

TRADE/STORAGE LICENSE—CLASSIFICATION CODE ANDANNUAL LICENSE FEES

——————————————————————————————————————————S. Major Category Sub Description Annual

No. Code Code License Fees——————————————————————————————————————————

1. 001 Retailinggeneral

001A Fire fighting/extinguishing equipments 1,200/-

001B Home furnishings 15,000/-

001C Locks & safe 1,200/-

001D Multi brand hyper marts/multi brand 15,000/-retail outlets/bulk cash and carry stores

001E Music instruments 1,200/-

001F Neighbourhood general stores 1,200/-

001G Stores & shops in malls, hotels, shopping 7,000/-complexes, major market complexes, mainroads retailing any kind of consumer goods

001H Stores/Shops in loca shopping centers (DDA 1,500/-market)/convenient shopping centers (DDAmarket) retailing any kind of consumer goods

Note : In case of mixed retail (Edible & non edible)the majority items shall decide the licensingauthority

2. 002 Telecomrelated

002A Back end data Processing for Banks/Telecom/ 6,000/-Insurance/Any other sector etc.

002B Back end Engineering support Services/Network 15,000/-support services

002C BPO/Call centers 15,000/-

002D Cable Network 3,000/-

002E Computer aided design 6,000/-

002F Cyber Cafe 1,200/-

002G EPC (Engineering Project Management Services/ 15,000/-Project Consultancy for Turnkey Management)

002H Mobile/Telecome Operator Company Offices 15,000/-

[ 73 (N) ]

002I Mobile Phone Retail Stores/Mobile Recharge 2,000/-Coupon Store/DTH Recharge Coupons/Mobile Accessories/Mobile Repair Shops

002J Photocopy/Xerox/Book Binding 1,200/-

002K Server Management Services/Data Centers 15,000/-

002L Software Developers—Pvt. Ltd./Ltd. Companies 15,000/-

002M Software Developers—Propreitorship Firms/ 6,000/-Partnership Firms

002N STD/PCO 1,200/-

002O Telecom Exchange Private 15,000/-

3. 003 FinancialSector

003A ATM Machimes—Offsite as well as onsite 5,000/-(in case of outsourced ATM’s also complianceshall be done still shall be done by the Bank towhom they are connected)

003B Bank Branches or their offices (all Banks 12,000/-Recognized by RBI)

003C Carbon Trading/Carbon Finance/Intermediaries 15,000/-

003D Car Finance 6,000/-

003E Financial Research & Advisory Services 15,000/-

003F Stock Broking Company/Portfolio Investment 15,000/-Management Company

003G Food Grain Commission Agents 3,000/-

003H Insurance Company Branches or their Offices 12,000/-(Life/Non Life/General Insurance)

003I Mobile Banking Solution Provider 6,000/-

003J Mony Transfer agencies like Westers Union/ 6,000/-Money Exchange

003K Multi level Marketing Companies 15,000/-

003L Non Banking Financial Companies & Their 12,000/-Branches

003M Online financial Services/Online Portals where 15,000/-Goods/Services are Traded/Sold/Provided forCommission or Payment/E-commerce Services

003N Share Trading Terminal—Individual operated 3,000/-and limited to one machine only in case ofmore than one machine shall be treated asstock broking company

003O Third party administrators for insurance companies 6,000/-

[ 74 (N) ]

4. 004 Leisure &Entertainment

004A Computer gaming/video game parlors 1,200/-

004B Business centre operating individually or in 15,000/-hotels

004C DJ & light/sound band 3,000/-

5. 005 Helath &fitness

005A Health fitness equipment 12,000/-

005B Optical glasses 3,000/-

005C Scientific equipments and accessories 2,000/-

005D Surgical & medical equipments 2,000/-

6. 006 Educational 006A Airhostess training/personality development 15,000/-grooming academy

006B Coaching Centre—Any kind of competitive exams 15,000/-whether for Medical/Enginnering/MBA/Government Jobs/Banks/Insurance any otherjobs etc.

006C Coaching Centre—Student Counseling for 15,000/-Overseas Education & Related Placements

006D Coaching Centre—Technical like ERP/Software 15,000/-Training/Computer Hardware/ComputerNetworking Multimedia

006E Correspondence Tutorials 15,000/-

006F Kindergarten Schools & Schools not Affiliated 3,000/-to ICSE/CBSE/State Examination Board havingsingle branch

006G Kindergarten Schools & Schools not Affiliated 15,000/-to ICSE/CBSE/State Examination Board havingmore than one branch

006H Music/Dancing/Fine Arts Training/Aerobics 2,000/-Training

006I Online Tutorials 15,000/-

006J Private Colleges/Technical Institutions/ 15,000/-Vocational Institutions/Study Centres ofUniversities in other States/Including theirAdministrative Offices

006K Private schools till class 10th 10,000/-

006L Private schools till class 12th 15,000/-

006M Skills Development Courses 15,000/-

[ 75 (N) ]

7. 007 Housing related

007A Builders and Civil Contractors 10,000/-

007B Nursery 1,200/-

8. 008 Building material/Fabrication/Furnishing

008A Shuttering and scaffolding 3,000/-

008B Boring & drilling 3,000/-

008C Brushes used in painting 1,200/-

008D Building material (sale of sand/cement/ 3,000/-stone chips/bricks either singly or incombination)

008E Cane and cane products 3,000/-

008F Cement and cement concrete models 3,000/-

008G Chair/Table/Furniture and plywood or wooden 3,000/-materials/sandalwood/wood fiber

008H Corrugated sheets—Iron/steel/asbestos/plastic/ 3,000/-fibers/khapda etc.

008I Crockery/Bone china/cutlery 2,000/-

008J Doors & windows 3,000/-

008K Floorings—Kota stone/tiles/linonium/wooden 7,000/-flooring/marble/slate/granite/stone etc. and relatedworks like cutting, polishing, dressing etc.

008L Glass & related articles 6,000/-

008M Hardware/Sanitary fittings 3,000/-

008N Iron and steel—Angles/rods/sariya/tor and any 6,000/-iron related fabrication (non factory)

008O Metal fabrication/casting/polishing/assembling 3,000/-parts of metal etc.

008P Plywood/hardwood 3,000/-

008Q Tomber—Including timber trade/cutting/sawing 3,000/-

9. 009 Offices

009A Administrative offices/private offices/Government 6,000/-PSU offices

[ 76 (N) ]

10. 010 Electrical

010A Consumer electronics 2,000/-

010B Computers & peripherals 2,000/-

010C Solar power/alternative energy based products 1,200/-

010D Cables and wires 2,000/-

11. 011 Service industry

011A Advertisements agencies 2,000/-

011B AMC/after sales service 3,000/-

011C Architect/Interior decorator 3,000/-

011D Audio visual equipment/conference 3,000/-equipment rental

011E Book binding 1,200/-

011F CNF agencies 15,000/-

011G Courier services 2,000/-

011H Electronic goods repair shop 3,000/-

011I Event management companies 12,000/-

011J Film distributor 3,000/-

011K Florist 2,000/-

011L Gas/cooking stove dealer 1,200/-

011M Memm (heavy earth moving materials); 10,000/-cement mixing; chanes services leasing/renting companies Hemm

011N Horoscope services 2,000/-

011O House keeping services 3,000/-

011P HR Consultancy/consulting companies/ 3,000/-placement agency

011Q Movers and packers 7,000/-

011R Photo framing 1,200/-

011S Printing press 2,000/-

011T Property dealers/real estate agents 2,000/-

011U Security & detective agencies 3,000/-

011V Taxi rental service 1,200/-

011W Tent house including storage of shamiana/ 2,000/-kanat/tents

[ 77 (N) ]

011X Third party inspection, testing & certification 6,000/-services

011Y Tours & travel agents 1,200/-

011Z Transporters/transport agents/shipping & 3,000/-logistical services/cargo agents/Air cargorelated activities

011AA Tyre repair & puncture repair 600/-

011AB Watch repair 600/-

011AC Wedding planner 10,000/-

011AD Welding & molding—By gas/electric or 3,000/-whatsoever process

12. 012 Chemicals/petrochemicals/gases

012A Acids (to be issued by Deputy Commissioner only) 1,200/-

012B Air Compressing 1,200/-

012C Ayurvedic medicines 1,200/-

012D Bitumen & Tar 1,200/-

012E Box/cartons 1,200/-

012F Camphor 1,200/-

012G Carbide/calcium 1,200/-

012H Celluloid/celluloid material or goods 1,200/-

012I Charcoal/coal 1,200/-

012J Chemicals—Liquid/solid/powder (Except 3,000/-those in negative list)

012K Chemist shops 1,200/-

012L Cinematography film/and processing related thereof 3,000/-

012M Cooking gas retail agencies 2,000/-

012N Copra and all kinds of fibers 1,200/-

012O Cosmetic/toilet goods 1,200/-

012P Electroplating 1,200/-

012Q Fireworks—Subject to permission of local 2,000/-administration and police

012R Flax 1,200/-

[ 78 (N) ]

012S Foam & rexine 2,000/-

012T Incense sticks & worship items 1,200/-

012U Ink for printing/writing or stamping 1,200/-

012V Insecticide/pesticides/fertiliser 1,200/-

012W Lathe machine 1,200/-

012X Leather/plastic/fiber 1,200/-

012Y Lime 1,200/-

012Z Medical/industrial gas 2,000/-

012AA Non edible oils 2,000/-

012AB Paints/thinner/varnish/solvents 3,000/-

012AC Paper/stationary & cardboards/office accessories 1,200/-

012AD Perfume & DEOS 1,200/-

012AE Petrol pump/CNG station/Kerosene depots/ 3,000/-Petroleum and Pertoleum products

012AF Plastic goods 1,200/-

012AG Repleted and denatured spirits 1,200/-

012AH Resin or dammar 1,200/-

012AI Rubber or rubber goods 1,200/-

012AJ Saltpetre 1,200/-

012AK Soaps & detergents 1,200/-

012AL Straw 1,200/-

012AM Wax products & candles 1,200/-

13. 013 Animal related

013A Animal food/hay/fodder 1,200/-

013B Pet animal trading 3,000/-

013C Pet food & accessories 3,000/-

14. 014 Automobilerelated

014A Auto spare parts 2 Wheeler 1,200/-

014B Auto spare parts Four Wheeler 3,000/-

014C Automobile sales showroom 15,000/-

[ 79 (N) ]

014D Automobile workshops & service station— 10,000/-company owned

014E Automotive Oils 2,000/-

014F Battery and Invertor 2,000/-

014G Car Accessories 3,000/-

014H Cycle shops/spare parts 1,200/-

014I Motor body building/denting/painting 6,000/-

014J Motor driving school 2,000/-

014K Seat and seat covers 3,000/-

014L Second hand vehicle dealers—Auto deals fairs/ 3,000/-commission agents

014M Small automobile workshop operated by 2,000/-individual mechanic

014N Tyre remolding 2,000/-

014O Tyres/tubes & accessories retail 2,000/-

014P Wheel alignment & balancing 3,000/-

15. 015 Equipments

015A Agricultural tools and equipment 1,200/-

015B Air compressors & parts 3,000/-

015C Machinery & machinery tools 3,000/-

015D Machinery spare parts 3,000/-

015E Sewing machine 1,200/-

16. 016 Miscellaneous

016A Aluminum/tamba/kansaya/peetal/metal goods 1,200/-made thereof

016B Bangles glass/plastic glass bangles 1,200/-

016C Books/stationary/paper and related products 1,200/-

016D Cloth merchandise–cotton/silk/wool/yarn. 2,000/-tarulin or their refuse or carding or processing etc.

016E Gunny bags/jute and jute related products 1,200/-

016F Hair hair product 2,000/-

016G Home utensils 1,200/-

016H Hosiery 1,200/-

016I Leaves of any kind 1,200/-

[ 80 (N) ]

016J Matches/match box/lighters 1,200/-

016K Movie CD’s/Audio CD’s/DVD/Blue Ray 2,000/-DISC etc/Digital storage devices

016L Old goods recycler/disposal house 3,000/-

016M Packing and packaging material 1,200/-

016N Photography studio/videography/and 1,200/-related materials

016O Rags and waste material 1,200/-

016P Seeds—Non edible 1,200/-

016Q Sports goods 3,000/-

016R Suitcase/briefcase/bags/trunks 2,000/-

016S Toys & gifts material/card store 1,200/-

016T Umbrellas 1,200/-

17. 017 Permissions

017A Permission to hold exhibitions or sale in 10,000/-temporary basis on weekly basis

017B Stalls & exhibitions (Per stall) on weekly basis 1,200/-

18. 018 Fine Arts

018A Art galleries 15,000/-

018B Artificial Jewellery 1,200/-

018C Blacksmith/Goldsmith/Silversmith/Tinsmith/ 1,200/-Copper smith

018D Block making 1,200/-

018E Branded Jewellery store 15,000/-

018F Jewellery stores 6,000/-

018G Pottery 1,200/-

018H Precious metal refining of or recovering 1,200/-of the from embroideries

018I Sharpening of metals 1,200/-

018J Utensil polishing 1,200/-

018K Wire netting, knitting, drawing 1,200/-

19. 019 Storages

019A Cargo/transport/logistics/courier agency godown 3,000/-

019B Chemical storage godown (Subject to 15,000/-special serutiny)

[ 81 (N) ]

019C Gas/CNG godowns 3,000/-

019D Storage godowns (Not defined elsewhere) 3,000/-

019E Storage of explosive materials (Subject to 15,000/-approval of DFS/Delhi Police/othercompetent authority)

019F Storage godown for hypermarts 15,000/-

20. 020 Others

020A Others 15000/-——————————————————————————————————————————

NOTE :— THE SHOPS DEALING IN GOODS/ITEMS FALLING UNDER MORE THAN ONECATEGORY/ENTRY OF THE SCHEDULE WOULD BE CHARGED LICENSE FEEOF THE HIGHEST APPLICABLE CATEGORY.

ANNEXURE-III

TRADE/STORAGE POLICY, NDMC-PROVISIONS MPD-2021

1. IN RESIDENTIAL AREAS (APPROVED COLONIES/UNAUTHORIZEDREGULARIZED COLONIES/RESETTLEMENT COLONIES/VILLAGE ABADIES) :

(a) Household Industries :

Household industrials units (Group-A) are allowed on any floor in residential areas to theextent of 50% of permissible floor area of the dwelling units as per Clause 7.4, 7.5 & table 7.1 ofMPD-2021 subject to conditions/provisions of MPD-2021.

(b) Small Shops :

The small shops of maximum 20 sqm. area are allowed on ground floor only in residential plotsof all categories including A&B Category colonies. The list of such trade/activities is given under clause15.6.3 of MPD-2021.

(c) Notified Commercial/MLU/PSS Streets :

Retail shops on Plots abouting notified mixed-use streets including PSS (mixed use) arepermitted on ground floor only as per MPD-2021. Mixed use from basement on such street may beallowed. Subject to relevant provision of building byelaws, structural safety and fire safety clearance.However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excessshall be used, subject to payment of appropriate charges prescribed with the approval of Government,Para 15.3.2.1, 15.3.2.2, 15.3.2.3, 15.3.3 (i) and 15.4 and other relevant provision shall be read along withthe above provision. (Refer clause 15.6 & it modification vide notification dated 12-8-2008).

Activities permitted under Local Shopping Center on notified commercial streets includingPSS (commercial) on all floors are permitted. Commercial activity in basement on such street shall bepermitted, Subject to relevant provisions of building byelaws, structural safety and fire safety clearance.However, if such use of basement leads to exceeding the permissible FAR on the plot, such FAR in excessshall be used, subject to payment of appropriate charges prescribed with the approval of Government.(Refer clause 15.12 of MPD-2021 & its modification vide notification dated 12-8-2008).

[ 82 (N) ]

(d) In Village Abadies :

House hold industries as listed under Group-A and A-I under Chapter-7 of MPD-2021 arepermitted in village (abadies) on any floor to the extent of 50% of permissible floor area of the dwellingunits subject to other provisions of Master Plan.

(e) Clause 5.1. PRE 1962/MPD-1962 Commercial Areas :

Residential areas and street/stretches earlier declared as commercial areas/street or wherecommercial use was allowed in MPD-1962 shall continue such use at least to the extent as permissible inMPD-1962. Commercial activities existing from prior to 1962 in residential areas are also permittedsubject to documentary proof thereof.

(f) Clause 15.3.1 in already urbanized/urban areas, mixed use shall be permissible in thefollowing areas :

(i) On all streets/stretches already notified by the competent authority.

(ii) Residential areas and streets/stretches earlier declared as commercial areas/streets orwhere commercial use was allowed in MPD-1962 shall contimue such use at least to theextent as permissible in MPD-1962.

(iii) Commercial activity existing from prior to 1962 in residential areas. Subjects todocumentary proof thereof.

General :

15.1 (v) Mixed-use (including small shops as per Para 15.6.3) shall be permitted in the Lutyens’Bungalow Zone, Civil Lines Bungalow Zone, Government housing, institutional/staff housing of public andprivate agencies and buildings/precincts listed by the Heritage Conservation Committee.

15.6.2 The following activities shall not be allowed under mixed use :

(a) Retail shops of building materials [timber, timber products (excluding furniture), marble,iron and steel, (gravel, cement and sand 2], firewood, coal and any fire hazardous andother bulky materials.

(b) Repair shops/workshops of automobiles, tyre resoling and-re-treading, and batterycharging 3.

(c) Storage, go-down and warehousing.

(d) Junk shop (except paper and glass waste)

(e) Liquor shop

(f) Printing, dyeing and varnishing

(g) Any other activity that may be notified from time to time by Government.

Notes :

Will not include :

1. Business of finished marble products where cutting and polishing activity of marble is notundertaken.

[ 83 (N) ]

2. Retail shops of gravel, sand and cement shall be permissible in residential plots of at least50 sqm., in notified mixed use streets in E, F & G Category colonies, provided that thematerial is kept entirely within the plot premises.

3. Repair shop and workshops in case of automobiles shall not be prohibited on plots abuttingmixed-use streets of right of way (ROW) of 30m or more.

2. COMMERCIAL AREAS (MCC, DC, NC, LSC, CSC, SERVICE MARKETS &SERVICE CENTRE) :

(a) Commercial activities as given under table 5.1 & 5.2 of MPD-021 are permitted.

(b) Industrial activities as listed under Group-A, A1 & B, Service/Repair/Parking/Assemblypermitted on plots falling in CSC, LSC, CC, DC, Service Master/Services as per Table 7.1of MPD-2021.

(c) On commercial component permitted in Group Housing, Petrol Pumps and Hotels etc. asper provisions of MPD-2021.

3. INDUSTRIAL AREAS :

(i) Units retail outlet and administrative office up to maximum 10% of floor area permitted onground floor only on approved industrial plots.

(ii) The activities of local shopping centre are permitted on industrial plots converted toCommercial use as per footnote (VI) of Table 7.30 of MPD-2021.

(iii) In designated commercial areas within Industrial Areas i.e. Shopping Centre, Services &Repair Shops etc.

ANNEXURE-IV

NOTARISED AFFIDAVIT ON Rs. 10 E-STAMP PAPER

1. That the license is being sought for the establishment in the name of ________________having premises at ___________________and running w.e.f. _____________ and thementioned address is the correct address for license purposes.

2. That I/we __________________________ S/o _____________________________R/o ________________________________ am the Prop/Partner/Director/Manager/Authorised Signatory of the said establishment and I/we am fully empowered to apply forTrade License to the South Delhi Municipal Corporation (NDMC).

3. That I/we agree that the License is being issued in the name of the establishment anddoes not have any bearing on the ownership and cannot be used for settlement ofownership disputes. That I shall not claim any right/title in the property/premises on thebasis of the said license.

4. That the building is structurally safe and sound. That in case of any accident/mis-happening. I/we will be personally liable for any claim/damages or legal liabilities from anyquarter. I/we further undertake that I/we shall maintain the structural stability during thecontinuation of trade.

5. That I/we further undertake not to claim being not entitled to regularize any unauthorizedconstruction and ownership or any other type of claim on the basis of the Trade/StorageLicense.

[ 84 (N) ]

6. That I/we will not hold the NDMC responsible or liable for any action against me by anyauthority, arising from or out of the grant of the said license and completely indemnify/keep harmless the NDMC or any action that may be taken or proposed to be taken byany of the authorities or Government Department or any Court of Law.

7. That there is no court case on account of violation of any law is pending against the aboveestablishment with respect to grant of License and I/we completely indemnify NDMC forany loss due to court case or any reason whatsoever with regard to dispute being applied/sanctioned herewith.

8. That I/we shall not use this license for any casein Court of Law.

9. That this document shall not be used for the purpose of obtaining any ID Document fromany Government Agency.

10. That I/we shall not permit in the Licensed Premises any negligent act likely to cause fireor otherwise endanger public safety.

11. That I/we shall at all times adopt and cause to be maintained in good order and efficientaction upon the licensed premises all such appliances or means for the purpose ofminimising danger to life or property or preventing, abutting or minimizing any nuisanceannoyance of inconvenience to the neighbourhood or public from the use of which thepremises are put.

12. That in case of death of the proprietor/partner/director/member etc. I/we shall inform thesame to NDMC within 30 days from the date of issue of death certificate and surrenderthe existing license and get a new license issued as per procedure defined by NDMC.That my license shall stand automatically cancelled and we are non-eligible for renewal incase we fail to inform about the same within 30 days from the issue of death certificate.That any attempt to continue business post death in the above circumstance shall betreated as a fraudulent practice and punishable under appropriate provisions of law.

13. The license so granted shall stand automatically cancelled in case of change of ownership/change of address/change of nature of business/change of constitution of the establish-ment and is non transferable.

14. That I/we have installed all the fire fighting equipments as per specifications of FireSafety Standards of the Competent Authority and completely indemnify the NDMC fromany incident of fire due to the grant of the said license.

15. That I/we will pay all fees, taxes, penalty, processing fees or any other charges that maybe imposed by the authorized officer of NDMC.

16. That I/we shall comply with all statutory taxation as may be imposed by any agency andI/we understand that the grant of Trade. License does not exempt us from payment ofsuch statutory taxes or dues or fines or any legal compliance by NDMC or anyGovernment Agency.

17. That at any point of time if any Government Order/Directions from Any Court of Lawwarrants special conditions/obligations to be met by the establishment, it shall be abide byand honoured. I/we also understand that Grant of Trade/Storage license does not abdicatethe responsibility of the licensed establishment towards such compliances and therefore,I shall comply with such legal/judicial requirements and grant of Trade/Storage Licenseshall only be for the purposes of license fees collection. I/we also understand and under-take that at any point of time due to directions of Govt./Court of law such licensebecomes void, the license so granted shall stand automatically cancelled without anynotice.

[ 85 (N) ]

18. That I/we undertake that I/we shall strictly adhere to and abide by all terms & conditionsimposed at the time of grant of Trade/Storage License and also imposed from time totime.

19. That the Commissioner, NDMC shall have the absolute right to refuse the renewal of thelicense or to alter ther terms & conditions thereof at any time either before the expirationor at the time of renewal of the Trade/Storage License.

20. That the license if granted by the Commissioner, NDMC for running the said trade/storage in the present premises, shall be liable to be suspended, withdrawn, revoked orcancelled at any time by the Commissioner without notice or without assigning any reasonthereof u/s 430 (3) of the DMC Act.

21. That my license is liable to be cancelledin case any of the declaration is proved to beotherwise or any of the information submitted in the application form is found to beotherwise.

22. That I/we shall keep the license prominently displayed in my establishment at all times andon demand by an officer of NDMC or personnel from agency appointed thereof shallproduce the same for inspection at any time without any advance notice.

23. That I/we shall immediately inform the police and NDMC in case of loss or theft of thesaid license and attach a copy of the same while applying for duplicate license.

24. That I shall apply for a duplicate license in case of theft/mutilation or destruction etc. afterpayment of approved fees/penalty.

25. Whenever the licenses premises will be vacated, I/we shall inform the concerned zonallicensing officer or Competent Authority and surrender the said license.

26. That I/we shall keep the premises clean & prevent accumulation of filth or refuse.

27. As per my/our knowledge/information, the proposed activity is a permitted activity underthe Master Plan of Delhi and related regulations or although the proposed activity/trade isnot in conformity with the Master Plan norms/regulations applicable for the location,currently the said trade/use is protected under the Delhi Special Provision Act till theapplicability of the said Act. I/we understand that the grant of this license does notabdicate our responsibility towards complying with any other provisions of the DMC Actor any other law for the time being in force.

28. That the sanctioned building plan/Occupancy certificate/regularisation plan (as the casemay be) could not be supplied on account of _____________________________(Refer Para 10.h.viii).

29. That there is no encroachment on public land in the proposed trade premises or there is anencroachment of ________ sqm. on public land and has been under existence since_________ and hence is protected/not protected under the Delhi Special Provisions Act.

DEPONENT

It is verified at Delhi on this day ________ of month ________ year 20 _______ that the above saidinformation is correct to the best of my knowledge and belief.

DEPONENT

[ 86 (N) ]

[ 87 (N) ]

[ 88 (N) ]

[ 89 (N) ]

XI. ENCLOSED DOCUMENTS :1. ESTABLISHMENT REGISTRATION DOCUMENT :—ROC Registration/Firm

Registration from Registrar of Firms or Society/IEC (import/export) Code issued byDirectorate General of Foreign Trade/Registration with any Government Agency etc.

2. COPY OF PAN CARD IN CASE OF THE ESTABLISHMENT/PROPRIETOR :—(in case establishment is exempt from PAN requirement the same should be sworn in theaffidavit).

3. PROOF OF ADDRESS OF THE ESTABLISHMENT :—Landline/Mobile TelephoneBill or Water Bill or Electricity Bill or Lease Deed/Rent Deed or Property ownershipdocuments.

4. ID PROOF THE PERSON SIGNING THE APPLICATION FORM :—AnyGovernment ID Document or else PAN Card copy.

5. AFFIDAVIT On Rs 10/- Stamp Paper duly notarised.6. LOCATION OF THE PROPERTY MARKED ON AN AREA MAP :—Any

standard map such as Google Map or Eicher Map can be used.7. CONDITIONAL REQUIREMENT :

(i) Structural Safety Certificate.(ii) Fire NOC.(iii) Pollution NOC.

8. OPTIONAL :(i) In case of any existing trade license, proof of payment of applicable Trade License

fees.(ii) Proof of Payment of One Time Settlement Fees, if applicable(iii) Latest Property Tax Receipt, if any(iv) Proof of Parking & Conversion Charges, if any(v) In case the land has been provided by SDMC or the erstwhile MCD or any other

Government Agency (Tehbazari as applicable/Land & Estate etc.) a copy of theallotment letter.

(vi) Copy of Sanction Building Plan OR Plan of the establishment showing the dimensionsand area.

(vii) In case documents as mentioned above are not supplied, it shall not be a ground fordenial of trade license. However, the licensee cannot claim/demand immunity frompayment of such applicable Municipal taxes/fees/fines/penalties on the ground that theTrade License has been granted without verification of such applicable Municipaltaxes/fees/fines/penalties.

9. OTHER DOCUMENTS AS APPLICABLE :

SITE PHOTOGRAPH

[ 90 (N) ]

AN

NE

XU

RE

-VI

NO

RTH

DEL

HI

MU

NIC

IPA

L C

OR

POR

ATIO

N

TRA

DE

LIC

ENSE

Iss

ue D

ate

:Va

lidity

:

Lic

ense

No.

:

Pro

duct

Cod

e :

Ann

ual L

icen

se F

ees

:

Nam

e of

the

Uni

t :

Sho

p A

ddre

ss :

(Lic

ense

Offi

cer)

DET

AIL

ED

T

ER

MS

AN

D C

ON

DIT

ION

S O

VE

RL

EA

F

[ 91 (N) ]

LICENSE TERMS

(1) The license is non transferable and stand automatically cancelled in case of change ofownership/change of address/change of nature of busines/change of constitution of theestablishment.

(2) The license has been granted subject to the condition that the building is structurally safe,there are no encroachments on public land and the building is complaint with Fire SafetyNorms. There is no legal matter pending against the establishment/nature of business inany court of law which prohibits grant of license/limited license.

(3) The licensee shall ensure that no act done in the license premises shall lead to danger tolife or property, nuisance etc.

(4) The establishment shall be solely liable in case of any mis happening which threatenspublic safety or is in violation of the laws of the land.

(5) The license cannot be used to claim ownership/settle ownership disputes/of obtain anyGovernment ID Documents.

(6) The establishment shall at all times adopt and cause to be maintained in good order andefficient action upon the licensed premises all such appliances or means for the purposeof minimising danger to life or property or preventing, abutting or minimizing any nuisanceannoyance of inconvenience to the neighbourhood or public from the use of which thepremises are put.

(7) The establishment shall pay all fees, taxes, penalty, processing fees or any other chargesthat may be imposed by the authorized officer of NDMC.

(8) That at any point of time if any Government Order/Directions from any Court of Lawwarrants special conditions/obligations to be met by the establishment, it shall be abide byand honoured. The establishment also understans that Grant to Trade/Trade/Storagelicense does not abdicate the responsibility of the licensed establishement towards suchcompliances and, therefore, shall comply with such legal/judical requirements and grant ofTrade/Storage License shall only be for the purposes of license fees collection. Theestablishment also understand and undertaken that at any point of time due to directionsof Govt./Court of law such license becomes void, the license so granted shall standautomatically cancelled without any notice.

(9) The Commissioner, NDMC shall have the absolute right to refuse the renewal of theLicense/Limited License or suspend/withdraw/revoke license without notice or withoutassigning any reason thereof u/s 430 (3) of the DMCAct.

(10) The license/limited license is liable to be cancelled in case any of the declaration is provedto be otherwise or any of the information submitted in the application form is found to beotherwise.

(11) The establishment shall apply for a duplicate license in case of theft/mutilation ordestruction etc. after payment of approved fees/penalty.

(12) The licensee shall permit the Authorized Officer to inspect the premises underconsideration and licensed premises at all reasonable times and without notice.

(13) The licence will be displayed in the trade premises and he shall on demand produce it forinspection to the Authorized Officer.

(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the license.

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

[ 92 (N) ]

AN

NE

XU

RE

-VII

NO

RTH

DEL

HI

MU

NIC

IPA

L C

OR

POR

ATIO

N

LIM

ITED

LIC

ENSE

Iss

ue D

ate

:Va

lidity

:

Lic

ense

No.

:

Pro

duct

Cod

e :

Ann

ual L

icen

se F

ees

:

Nam

e of

the

Uni

t :

Sho

p A

ddre

ss :

(Lic

ense

Offi

cer)

DET

AIL

ED

T

ER

MS

AN

D C

ON

DIT

ION

S O

VE

RL

EA

F

[ 93 (N) ]

LICENSE TERMS

(1) The license is non transferable and stand automatically cancelled in case of change ofownership/change of address/change of nature of busines/change of constitution of theestablishment.













(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the license.


[ 94 (N) ]

ANNEXURE-VIII

ECS MANDATE FORM

——————————————————————————————————————————License Holder Name : ____________________________________________________________

License No: _________________________ Product Type : _________________

Electronic Clearing Service (Debit Clearing)

To,

The Manager

Bank Name : ___________________________________________________________________

Branch Name : ____________________________________________________________________

Address : _______________________________________________________________________

Telephone No: ________________

I hereby authorize you to debit my account for making payment to ________ BANK forTrade License Fees as notified by North Delhi Municipal Corporation from time to time through ECS(Debit) clearing as per the details given as under :——————————————————————————————————————————

S. No. Subject——————————————————————————————————————————

A. MICR-9 Digit code numbers of the bank & branch(Appearing on the MICR cheque issued by the Bank

B. Account Type (Saving/Current/Cash Credit) :

C. Ledger No./Ledger Folio No. :

D. Account Number :

E. Account holder names (As per bank’s record) : 1st

2nd

3rd————————————————————————————————————————————————————————————————————————————————————

Name of the Date of effect : 01-04-2013 Periodicity Amount Number of instalments/ValidScheme —————————— (upper up to (in case of utility

Start Date End Date limit) bills)/End Date—————————————————————————————————————————— South Delhi 01-04-2013 01-04-2013 Annual/ 7 Municipal Triennial Corporation Trade License Fees Renewal A/c——————————————————————————————————————————

[ 95 (N) ]

F. ECS DEBIT START DATE : 01-04-2013

I hereby declare that the particulars given above are correct and complete. If the transactionis delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold theuser institution responsible. I have read the option invitation letter and agree to discharge the responsibilityexpected of me as a participant under the scheme.

Date :

Signature of the Account Holder/s(As per Bank’s record)

——————————————————————————————————————————Certified that, the particulars furnished above are correct & as per our records.

——————————————————————————————————————————Bank’s Stamp

Date : Signature of the Authorized Official from the Bank

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

——————————————————————————————————————————(Note :—Mandate to be obtained in 3 copies, Original for Bank, One for NDMC and third copy for customer)

ANNEXURE-IX

NORTH DELHI MUNICIPAL CORPORATION (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

PUBLIC NOTICE

No. : 2012-13/CL&EC/TL/01 Date :

As the North Delhi Municipal Corporation (NDMC) has been created on account oftrifurcation of MCD, the NDMC needs to create a new database, of taxable entities for regulation andenforcement of related rules and regulations u/s 417of the DMC Act. Hence, all establishments (thosehaving a valid license for the current financial year as well as unlicensed) covered under General TradeLicense have to undergo a fresh registration during a special door to door enrollment/special registrationcamps in markets and license fees collection drive through M/s. ....................................... who havebeen appointed by SDMC to complete this exercise.

The registration form is available online on www.mcdonline.gov.in and any query in this regardcan be addressed from our helpline number ...................... or through email at ............................

That applicable license fees and processing charges @ Rs. ............/- per application can bepaid through Demand Draft /POS Machines Or Online Using Debit or Credit Cards or Pay Pal Card etc./Mobile Payment/Cash At Authorized Locations/Any Method as approved by Reserve Bank of India. Thatfor all electronic payments as an incentive the transaction charge shall be borne by the SDMC and thereshall he no additional burden for transaction charges levied by banks on the applicants.

[ 96 (N) ]

Hence, you are hereby directed to ensure compliance by coordinating with the said agency.Failure to comply with the same shall result in penalty of Rs 1,000/- per license as well as additionalpenalties of Rs. 100/- per day from the service of default compliance notice besides appearing in person atthe Central Documentation Office failing which the establishment shall be declared a defaulter and legalaction shall be initiated including a warrant of distress of attachment for recovery of the same withadditional costs as incurred for recovery.

Hence, all establishments are required to coordinate/cooperate with the members of fieldenrollment team of the appointed agency during the door to door registration enrollment drive/specialregistration camps in markets.

(Enforcement Officer)CL&EC (HQ)

ANNEXURE-X

NORTH DELHI MUNICIPAL CORPORATIQN (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

TRADE LICENSE—COMPUTEER GENERATED DEFAULTER NOTICE

No. : 2012-13/CL&EC/DN/ Date :

To,

In order to ensure transparency in licensing and related record keeping, the CL&ECDepartment, NDMC has started a special door to door registration enrollment drive/special registrationcamps in markets and on the spot license fees collection u/s 417 of the DMC Act vide Public NoticeNo. .................. Dated ..................... Through its authorized agency M/s. .................... .

This is to inform you that during inspection of your premises on ........................... it wasfound that you were operating the establishment without a license/lapsed license which is in contraventionof Section 417 of the DMC Act, 1957 according to which you are not legally entitled to carry out businessat your establishment.

Hence, you are hereby directed to ensure compliance and appear in person at the CentralDocumentation Office located at ...................................... on any working day between 10 am to 6 pmwithin 3 days of the date of issue of this notice pending which you shall be declared a defaulter andlegal action shall be initiated against you. That a soft copy of the registration form can be downloadedfrom our website at www.mcdonline.gov:in. An electronically generated demand notice has been enclosedfor compliance.

That any queries in this regard can be had from our helpline number ................................. orthrough email at ........................ Failure to comply may result in issuance of a warrant of distress ofattachment for recovery of the above nrentioned amount alongwith additional costs as incurred forrecovery.

(Enforcement Officer)CL&EC (HQ)

NB :—THIS IS A COMPUTER GENERATED DEFAULTER NOTICE AND BEARS NO SIGNATURE

[ 97 (N) ]

NORTH DELHI MUNICIPAL CORPORATIQN (NDMC)CENTRAL LICENSING & ENFORCEMENT CELL (CL&EC)

INFORMATION FOR ESTABLISHMENT COVERED UNDER TRADE LICENSE(ON THE BACK SIDE OF NOTICE)

INFORMATION SUBMISSION BY ESTABLISHMENTS—It shall be mandatory foreach establishment to cooperate with and allow inspection/furnish all information to the SDMC or agencyappointed on its behalf.

ONE TIME AMNESTY SETTLEMENT SCHEME FOR ARREARS/UNREGISTEREDPREMISES DURING THE SPECIAL DOOR TO DOOR REGISTRATION—As many establish-ments survey may have been in existence for long but would not have taken trade license or may havearrears for non renewal can clear all old dues, subject to payment of a onetime penalty @ double thelicense fees payable in the current financial year. That only those establishments which participate in doorto door registration and make on the spot payrment can avail of the said benefit.

[ 98 (N) ]

[ 99 (N) ]

[ 100 (N) ]

[ 101 (N) ]

[ 102 (N) ]

AN

NE

XU

RE

-XII

I

NO

RTH

DEL

HI

MU

NIC

IPA

L C

OR

POR

ATIO

N

PRO

VIS

ION

AL

LIC

ENSE

Iss

ue D

ate

:Va

lidity

:

Lic

ense

No.

:

Pro

duct

Cod

e :

Ann

ual L

icen

se F

ees

:

Nam

e of

the

Uni

t :

Sho

p A

ddre

ss :

(Lic

ense

Offi

cer)

DET

AIL

ED

T

ER

MS

AN

D C

ON

DIT

ION

S O

VE

RL

EA

F

[ 103 (N) ]

LICENSE TERMS(1) The license is non transferable and stand automatically cancelled in case of change of

ownership/change of address/change of nature of busines/change of constitution of theestablishment.













(14) Whenever the licensed premises will be vacated, the licensee shall inform the AuthorisedOfficer and will return the licence.


(ii) Consitution of Sub-Committee in the meeting dated 16-1-2013.Meanwhile a Sub-Committee of the following members is constituted to look into the matter

and submit its report within 15 days :—1. Shri Vijay Prakash Pandey Convener2. Ms. Renu Gupta Member3. Shri Mukesh Goyal Member

[ 104 (N) ]

Item No. 68 :— Waiving off of user charges for “Janani Shishu Surakhsa Karaykram”(JSSK) beneficiaries under JSSK Scheme of Directorate of FamilyWelfare, Govt. of NCT, Delhi.

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 Postnatal

women, up to six weeks, including investigations required during the period and duringnormal delivery/Caesarean Section (Blood, Urine Tests and Ultrasonography etc.)

• Free diet for the duration of women’s stay in the health facility which is expected to bethree days in case of normal delivery and seven days in case of Caesarean Section.

• Free provision of blood without any user charges, however the relatives and attendantsaccompanying the pregnant should be encouraged to donate blood for replacement.

• Free transport from Home to Health Institution between facilities in case of referral anddrop back from the institution to home at the time of delivery.

• Exemption from all kinds of user charges.Entitlements for sick newborns up to the age of 30 days under the JSSK scheme.• Free drugs and Consumables.• Free Diagnostics.• Free Provision of Blood.• Free Transport from Home to Health Institution.• Free Transport between facilities in case of referral.• Drop back from institution to home.• Exemption from all kind of user charges.

Hindu Rao Hospital is already providing the Free and Zero expense for delivery andCaesarean Section, Free Drugs and Consumables, Free Essential and Desirable diagnostics, FreeProvision of Blood & Free Transport from Hospital to Higher Centre (placed at 15/c, Department ofHealth & Family Welfare, GNCT of Delhi) to all JSSK beneficiaries, except OPD registration and dietcharges.

In view of the above details, it is proposed to waive off the following charges as under :—1. OPD Card Charges of Rs. 5/- month.2. Diet charges of Rs. 10/- per day for mothers admitted for delivery till their discharge and

also for new borns till discharge or up to the age of 30 days of admission, whichever islater as per, Govt of India.Reference to letter No. :— F. 20 (20.22)/RCH-II/DFW/2011-12/Pt. File/8799-8813 dated15-10-2012 from Directorate of Family Welfare, Govt of NCT of Delhi.

The proposal may be placed before the North Delhi Municipal Corporation through StandingCommittee to waive off charges as proposed for JSSK beneficiaries in all NDMC Hospitals i.e Hindu RaoHospital, Kasturba Hospital, Girdhari Lal Maternity Hospital, RBIPMT Hospital & MVID Hospital.

[ 105 (N) ]

Item No. 71 :— Assignment of unique Property Identification CODEs (UPICs)/issue ofUPIC Cards and Property Tax Passbooks u/s 125 of the DMC Act withthe AIM to streamline Tax Collection.

Ref. :— Reforms under JNNURM to Strengthen the Financial Base of MunicipalBodies and Augment Resources.

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

Section 125 of the DMC Act stipulates for the Municipal Corporation(s) to mandatorily assignUnique Property Identification Codes (UPICs) by which premises or parts thereof shall be known whichshall be notified for permission, license or for payment of any tax or for payment of any dues for anyservice and for such other purposes as may be prescribed. UPICs are required for maintenance ofMunicipal Assessment Book u/s 124 and are also sine qua non for a Computerized Property Tax System.However as obtaining UPIC and quoting the same correctly for Property Tax returns and payments havenot been made mandatory on the property owners/occupiers/persons liable to pay property tax as well, theMunicipal Corporation has not been able to complete the task.

Assigning UPIC also requires that all properties have premises numbers allotted and displayedso that an address is easily locatable and unique. But in many places in Delhi, premises have no numberand in some places the premises numbers are not unique. Section 327 deals with naming and numbering ofpremises and stipulates that the Commissioner may determine the number or sub-number by which anypremises or part of such premises shall be known and cause such number or sub-number to be fixed to theside or outer door of such premises or to some place at the entrance of the enclosure thereof. While noperson shall destroy, remove, deface or in any way injure or alter any such name or number or sub-numberput up or painted u/s 327 by order of the Commissioner, there is no penal provision for violatingSection 327 and to compel the property owners/occupiers to obtain such number or sub-number of anypremises or part of such premises as well as ensure that it is mandatorily displayed at a prominent locationof that premise.

The North Delhi Municipal Corporation has been recently carved out of MCD. It needs tocreate and maintain a separate demand register for maintenance of Municipal Assessment Book u/s 124and Demand & Collection Register. This shall be successful only when every tax property/vacant land/building is uniquely identified more so from the point of tremendous urbanization and renovation/expansionof old buildings that the city has witnessed. Requirement of quality of database also demands that UPICshould be assigned with proper documentation as to the property including the particulars materiallyrelevant for determination of Annual Value (AV) of that property.

Though the 3D GIS data of DSSDI Project of the Delhi Government projects the number ofdwelling units (DUs) to be approximately 40 lacs, but the erstwhile MCD collected property tax only fromabout 10 lacs assessable properties. Tagging of satellite data has not been completed. The data ofproperties as per DSSDI data base obtained from GSDL shows about 16 lacs dwelling units (DUs) underthe jurisdiction of North Delhi Municipal Corporation (NDMC). Analysis of said data reveals manyduplications and has various deficiencies making it not suitable for ready use for property tax purposes.The Deptt. of IT, GNCTD has also been asking MCD to validate the DSSDI data. More over prudencedemands that DSSDI data should be verified before tagging with data in the Property Tax System andissuing notices to the properties not in the taxnet.

Verification can be done only through a door to door survey keeping the data obtained fromDSSDI as base. During such survey apart from verification, properties data materially relevant forproperty tax (and for other municipal purposes) can be captured real time and online, UPICs allotted onthe spot to all properties and units there in. To achieve the same there is need require the property

[ 106 (N) ]

owners/occupiers/persons liable to pay property tax to furnish all information as required u/s 123A and 175read with section 172, get premises numbers allotted and displayed as u/s 327 wherever required and toobtain /quote UPIC u/s 125 in dealing with the Municipal Corporation.

Under the Income Tax Act, 1961, it is mandatory for a tax payer to obtain Permanent AccountNumber (PAN) for which he applies (with supporting documents of identity and address) along withprocessing fee and Income Tax Department issues PAN card and there is provision of penalty ofRs. 10,000/- for not/wrong quoting of such PAN in IT Returns. This PAN applies to wealth tax and hasbeen adopted by various other tax administrations-sales tax (now VAT), service tax, central excise, andcustoms, revenue department for sale/purchase of properties, loans from banks, opening bank accountsand the scope is increasing day by day.

Following the successes of these tax administering departments, there is an imminent need tomake compulsory for the property owners/occupiers to obtain UPIC Number u/s 125 for properties and toquote UPIC for permission, license or for payment of any tax or for payment of any dues for any serviceand for such other purposes, as may be prescribed. To achieve all the above, it is proposed that the NorthDelhi Municipal Corporation resolves, stipulates and mandates that :—

(1) Obtaining and quoting of UPIC will be compulsory for all-by the Property Owners/Occupiers/Persons liable to pay property tax-presently in the tax net as well as for thosewho are not in the property tax net of the Municipal Corporation. Property Owners/Occupiers/Persons liable to pay property tax shall apply in a prescribed form for assign-ment of UPIC for a building (or unit there in or a part there of) or vacant land to theAssessment and Collection Department and a UPIC allotment letter and/or UPIC Card(and/or a Property Tax Passbook) will be issued.

(2) Every person shall correctly quote the UPIC while filing the Property Tax Returns andpaying property tax whether manually or online. Ever person shall, while making anycommunication in writing to the Corporation on any matter under any provision of the Act,quote the said UPIC, in addition to the address of the property for which suchcommunication is made.

(3) Where any person has failed to obtain UPIC (before the date as notified by theCorporation) or quoted no / wrong UPIC (once a UPIC has been allotted for a property)may be liable to consequences as per the DMC Act and any relevant bye law made thereunder.

(4) The Assessor & Collector is authorized to devise a UPIC scheme and to allot UPIC to allproperties in the jurisdiction of the Municipal Corporation. For this service of assigningUPIC and issue of UPIC Card (or a Property Tax Passbook), the Municipal Corporationmay notify a fee to be charged and collected from all Property Owners/Occupiers/TaxPayers. A fee may also be prescribed for issue of duplicate UPIC Card (and/or aProperty Tax Passbook).

(5) A Committee comprising of the Assessor & Collector, the Chief Town Planner, theEngineer-in-Chief and the Deputy Commissioner of respective zone is authorized todevise a scheme for numbering a premises/building/unit in or part of building u/s 327where a property is not already numbered and to allot a number (including alphabets) to allsuch properties in the jurisdiction of the Municipal Corporation. Such number will be eitherpainted or a metallic number plate will be affixed on such building. For these services theMunicipal Corporation will notify a fee to be charged and collected from such PropertyOwners/Occupiers.

[ 107 (N) ]

(6) The Committee is also authorized to recommend name and number any new colony inDelhi which has not yet been notified by MCD as well as classify such colony in A to HCategory as per the highest neighboring category formula so that all colonies are classifiedand allotted codes by the Commissioner under the bye law 13(5) of the DMC (PropertyTaxes) Bye Laws, 2004. The Assessor & Collector may take help of other departmentsand agencies while notifying such colonies.

(7) The Municipal Corporation may appoint agencies to survey all properties in its jurisdictionand to issue and affix premises numbers u/s 327 (where a premise is not numbered/uniquely & easily identifiable) and to assign UPIC u/s 125 and issue UPIC Card (and/or aProperty Tax Passbook).

(8) Once the survey process commences, then it shall be the compulsory for all persons toquote UPIC for permission, license or for payment of any tax or for payment of anydues for any service and for such other purposes, as may be prescribed and includingBirth/Death Certificate, Trade License/Factory License/Health License, Old Age Pension/Other Financial Benefits, Transfer Mutation of Properties, Civic Services in Colonies,Admissions in Schools run by the Municipal Corporation.

(9) The Commissioner is authorized to take all steps those may be required for accomplishingthe tasks u/s 327 & 125 of the Act in a time bound and effective manner.

Commissioner has the powers to call for all relevant information under sections 123A/172/175of the DMC Act from the owners/occupiers/taxpayers of such properties/vacant plots for purposes ofassignment of UPIC which can be invoked for the survey required and North Delhi Municipal Corporationshall carry out a special door to door survey for allotment of UPIC for all properties and vacant land in itsjurisdiction. Such survey and registration of premises/vacant plots/buildings shall be conducted by anagency, selected through an open tendering process, and the outcome shall be as under :—

(1) That each building/vacant land or part thereof shall be checked with the DSSDI databasealready provided by GSDL to the A&C Deptt. for verification of addresses, owner’s/occupier’s and any other spatial and non-spatial attribute of the property. All attributes ofa property materially relevant for determination of Annual Value and computation ofproperty tax of that property shall be captured. Any documentary evidence required ormade available by the occupier shall be recorded and mentioned.

(2) That each property/vacant land shall be given a UPIC u/s 125 for purposes of payment ofproperty tax and reference number for obtaining various services from the MunicipalCorporation or other agencies.

(a) A UPIC Card and a Property Tax Passbook which shall have records related to alltaxes paid by the property owner/occupier/taxpayer in a single document as well asassessment details done from time to time.

(b) That UPIC Card photocopy shall be mandatory while getting various services fromMunicipal Body/Other Agency.

(3) In case in any colony/buildings does not bear any premises numbering u/s 327, the sameshall be assigned and marked after due approval from the Competent Authority.

(4) Premises number/sub number assigned u/s 327 shall be for the purpose of enablingassigning UPIC u/s 125 only and shall have no bearing on subdivision/amalgamation/registration/ownership of that property under the DMC Act or any law of the land andshall continue to vest with the Competent Authority as per law. That UPIC numbering isbeing invoked only for the purposes of streamlining identification of property tax payersand proper management of records thereof in the benefit of all stakeholders.

[ 108 (N) ]

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/-

……………..

[ 109 (N) ]

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

[ 110 (N) ]

TECHNICAL BID

PART- I

TO BE SUBMITTED IN ORIGINAL BID DOCUMENT REQUIRED FOR TECHNICAL BID AS PERTHE TENDER & SHOULD BE KEPT IN SEPARATE SEALED COVER SUPERSCRIBING‘PART-I–TECHNICAL BID–“TENDER TO ENGAGE SERVICES OF AN AGENCY FORASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE (UPIC) U/S 125 OF THEDMC ACT WITH THE AIM TO STREAMLINE TAX COLLECTION”.

[ 111 (N) ]

INSTRUCTIONS FOR SUBMITTING TENDER

A. BIDDING CRITERIA AND ESSENTIAL PRE-REQUISITES :

1. ELIGIBILITY CRITERIA : For the purpose of this Tender, bidders can be a proprietorshipfirm, partnership firm, limited partnership firm, private limited company or public limited company or anybusiness entity registered in India and in order to support this, the bidders has to be registered under thesame name with any tax authority or import export code or bank account in name of the bidders or anyother legal registration document. Single entity as well as consortiums is eligible for bidding. Consortiumsare also allowed to bid and any one of the consortium members can be the lead partner. A GovernmentPSU can also participate in the bid subject to that condition that it is fully legally and financiallyautonomous and operate under commercial law.

2. CONSORTIUM : A consortium may comprise of individuals, proprietorship firm, partnershipfirm, private limited company, public limited company or a registered business entity and there can be amaximum of three members in a consortium. The consortium can form a JV in to execute the project. Theconsortium members can form a SPV or a new business entity to implement the project in the pretender or post tender stage. A consortium undertaking/agreement duly signed by the participatingindividuals/firms/companies has to be attached with the tender documents. The JV/SPV can nominaterepresentative(s) to carry out discussions/negotiations with NDMC for this purpose. Only one offer shallbe accepted from one organization. No organization or individual can be a part of more than oneconsortium.

3. MANDATORY CRITERIA : Offers of only those bidders (the consortium members maymeet the mandatory criteria jointly) shall be shortlisted who have work experience as under :—

3.1. Have implemented a door to door survey, assessment and tax/license fees collection forany Municipal Body in India duly supported by letter from that Municipal Body. It must benoted that reference of any project other than that for Municipal Tax Collection shallrender the bid to be summarily rejected.

3.2. Any specific work experience in areas of field survey and data/tax collection for erstwhileMCD shall be given additional weigthage in the technical bid evaluation process since thebidder would be having better domain knowledge of existing processes in Delhi and henceoperationally more equipped to deliver the current scope of work.

3.3. Showcase in a Process flow document on how the project shall be implementedeffectively and the modalities of the same.

3.4. Should be able to demonstrate live the proposed solution with functionalities as outlined inresponse to the requirements in the Technical Bid Documents on the date of evaluation ofthe technical bids. Separate time shall be given to bidders for the same but they have tocome fully prepared at the appointed day and time.

3.5. Non fulfillment of the above said criteria shall result in rejection of technical bids. Anyrejected technical bid shall not be eligible for participation in evaluation of financial bids.

3.6. Submission of any documents about projects not related to work experience with theMunicipal Bodies as outlined above shall result in summary rejection of the bids.

3.7. As the project is highly specialized in nature, even if one bidder qualifies in the technicalbid evaluation process, its financial bid shall be opened and work shall be awarded.

[ 112 (N) ]

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.

[ 113 (N) ]

7. CONFLICT OF INTEREST AND RELATED DISCLOSURES :

7.1. The selected agency should provide professional, objective and impartial service and holdthe Municipal Corporation’s interest paramount.

7.2. The family members of any employee of NDMC or any other Municipal Corporation inDelhi should not be associated with the bidders.

7.3. The selected agency should not have been convicted under anti corruption policy ofGovernment of India/Government of NCT of Delhi/NDMC.

8. SUBMISSION PROCEDURE : The duly filled tender should either be submitted by handor sent by registered post which shall be valid only if received before the due date and time as mentionedin the bid documents :

8.1. Tender form should be clearly filled in ink/duly typed giving full name and address of theparty and in English Language only. All correspondences and other documents pertainingto the contract, which are exchanged between the parties, shall be written in the English.

8.2. Any interlineations, erasures, over-writing, alterations, additions, etc. will disqualify theTender unless such interlineations, erasures, over-writing, alterations, additions, etc. arelegibly attested and signed by the party.

8.3. That the document (all pages) must to be signed by an authorized signatory of the bidderand a letter of authorization should be attached with the proposal.

8.4. The Bidder is expected to carefully examine all the instructions, guidelines, terms andconditions and formats of the tender. Failure to furnish all the necessary information asrequired or submission of a proposal not substantially responsive to all the requirements ofthe tender shall be at Bidder’s own risk and may be liable for rejection.

8.5. No bidder is allowed to modify, substitute, or withdraw the Proposal after its submission.

8.6. Bidders shall submit their Proposals at the office address on or before the last date andtime for receipt of proposals mentioned in the tender documents.

9. REJECTION OF BIDS : That the Municipal Corporation reserves the right to reject any/all bids without assigning any reason thereof and without incurring any liability to the affected bidder(s)or any obligation to inform the affected bidder(s) of the grounds for such decision. The MunicipalCorporation may at its sole discretion and at any time during the evaluation of Proposal, disqualify anyBidder, if the Bidder has :

9.1. Made misleading or false representations in the tender reply or documents in support ofmandatory criteria.

9.2. Submitted a proposal that is not accompanied by required documentation or is non-responsive. In the absence of any document as required, the concerned party shall beconsidered as not eligible and in that eventuality their tender shall not be considered.

9.3. Failed to provide clarifications related thereto, when sought.

9.4. Any delay in receipt of tender documents through post/courier shall render the tenderinvalid. Telegraphic/fax/e-mail tender etc. shall be summarily rejected.

[ 114 (N) ]

9.5. Information relating to the examination, clarification and comparison of the Proposals shallnot be disclosed to any bidder or any other persons not officially concerned with suchprocess until the selection process is over. Any effort by the bidders to influence NDMCfor examination/evaluation of proposal during the post technical bid opening date mayresult in rejection of bids.

9.6. The Technical Bid proposal shall not include any financial information. A Technical Bidproposal containing financial information shall be summarily rejected.

9.7. Any superfluous documents/document not related to the mandatory criteria shall result insummary rejection of bids. All participating bidders are clearly instructed to attach onlythose documents which are relevant to the scope of work/mandatory criteria as specifiedin the tender document and not any other work.

9.8. Any bidder found indulging in malicious campaign or disinformation campaign against anyofficial of the Municipal Corporation or any other bidders either directly or through thirdparties, at any time during the post tender publishing date, shall be liable for rejection ofbids and other legal actions as per law. Such bidders may also be blacklisted by theMunicipal Corporation.

9.9. Any frivolous news reporting/complaints against any official of the Municipal Corporationor any other bidders during tender evaluation process as well as project execution phaseshall result in rejection of bids, if such news is prima facie found to be sponsored by oneof the competing bidders or outside associate thereof with the intention of damagingprospects of competitors. That such bidder with vested motives shall also be blacklisted bythe Municipal Corporation.

9.10. During the tender process, sudden appearance of complaints/media reports against anyMunicipal Official/Participating Bidders shall result in rejection of bid of any entity or anyperson or outside associate of a bidder is prima facie found to be involved in suchactivities to hamper prospects of other competing bidders.

C. SCOPE OF WORK AND EVALUATION PROCESS :

10. OVERVIEW OF THE WORK : Property tax is a major source of revenue to Urban LocalBodies (ULBs). With institutional and regulatory reforms emanating from the 74th ConstitutionalAmendment Act (CAA 1992); additional administrative and fiscal functions have devolved to localauthorities. In response to growing revenue needs for financing infrastructure, municipal services, andother amenities, the North Delhi Municipal Corporation has initiated reforms to improve the performanceof their local fiscal handles and in particular, the Property Tax. With the aim to provide more “Efficient,Convenient & Transparent” services to Property tax payers using Information & CommunicationTechnologies (ICT) platform, the Municipal Corporation intends to invite a solution from an outsideagency which can help create a comprehensive database of all properties within its Municipal Jurisdictionafter physical survey of each property to ensure proper collection of taxes and target tax defaultersamalgamated in a centralized demand register and maximize the number of properties which can bebrought under the Property Tax net. The authentic baseline data shall be relied upon by MunicipalCorporation for taxation purposes in days to come. This is necessitated on account of trifurcation of

[ 115 (N) ]

erstwhile MCD into three entities and hence North Delhi Municipal Corporation needs to have its owndemand register organized scientifically. The scope of work is outlined as under : —

10.1. Field Survey Work of each Property/Vacant Land—This shall include physicalsurvey of each property/vacant land and recording relevant and material parameters forassessment of property tax payable by a particular unit (a photocopy of property tax guideis attached with tender documents for reference of bidders). That the assessment shall bedone by the officials of the Municipal Corporation on the basis of these inputs and therole of the agency is only to collect the data for the same. The scope in this section is asunder :

10.1.1. The survey shall include all properties (residential/commercial industrial/institutional/vacant plots or buildings etc.).

10.1.2. This process may involve several rounds of interaction/follow-ups with theproperty owner/occupiers etc to ensure proper coordination in colonies on thedate of survey. The data collection may involve working at odd hours/holidayssince working couples may not be available at normal office work timings. Thecosts for survey have to be computed keeping these factors in mind whilepreparing the response in the financial bid documents.

10.1.3. The Municipal Corporation shall ensure that the staff of Property Tax Departmentand if necessary support of Police is there for coordination to ensure thatenforcement is done within that time frame.

10.1.4. A colony wise survey schedule shall be worked out with the MunicipalCorporation which shall be published in advance in newspapers/other modes ofpublicity to ensure proper response from property owners/occupiers on the givendate and time.

10.1.5. That for each property having multiple floor/units, floor/unit wise assessment hasto be made with remarks for tenants/commercial usage etc. if any.

10.1.6. The costs for stationary/photography/transport etc in this survey has to be borneby the selected bidder. However, it shall be responsibility of the property owner/occupier that they shall provide photocopy of all the supporting documents to thesurvey team at their own cost. While surveying each property, the followingdocuments may be used for address proof—any government owned utility bill,MTNL Telephone Bill, LIC Policy Document, Any Government Document to beprovided by the owner/occupant. The documentation has to be most simplified toavoid any inconvenience to persons.

10.1.7. The source of information may be owners/occupiers or in case of non occupiedproperties/plots, neighbors or colony guards etc. or any other source as deemed fitby the selected agency subject to approval by the Nodal Officer.

10.1.8. The survey work shall include filling a property tax survey form (a sample PTR[Property Tax Return] form used by the municipal corporation is enclosed forreference and bidders are free to improvise on the same). The MunicipalCorporation leaves it to the bidder to improvise the same and the selected biddershall discuss the said topic with the Municipal Corporation and finalise the same.

[ 116 (N) ]

10.1.9. It shall be the liability of the property owner/occupier/taxpayer to furnish thecorrect information during the survey process for allotment of UPIC. That thecontents of the survey are based on the self assessment/self declaration andinformation provided by the owner/occupier/taxpayer/legal representative of theowner and the bidder shall not be liable for any wrong information since the basisof survey shall be self assessment/self declaration.

10.1.9.1. In case the an owner/occupant is present then the information filled in the surveyform shall be on the basis of self declaration provided by the owner/occupant atthe time of the survey and the survey form shall be signed by them along withcontact landline/mobile number, if any.

10.1.9.2. In case the owner/occupier/taxpayer is not present at the time of survey, surveysuch properties from outside and take note of data given by sources as approvedby the Municipal Corporation and mention the reference of the informationprovider for such unattended properties in the survey form. In such case adefaulter list shall be prepared which shall be published online by the MunicipalCorporation and such persons shall have to come in person to the central dataprocessing station to comply with all requirements related to the UPIC Schemewithin 7 days or else the assessment done by Municipal Corporation shall be finaland binding. That the Municipal Corporation/agency appointed on its behalf shallin no way be responsible for any errors in data as the basis is self declaration/selfassessment.

10.1.10. In addition during survey of each property, details of properties which havecommercial/professional activities have to be recorded in the survey form alongwith the area under such occupation.

10.1.11. Any form without property photo shall be summarily rejected.

10.1.12. The measurement should be approximate (cent percent accuracy is not desired)and done from the outer area of the property and factors such as balcony/staircase etc. shall not be the liability of the selected agency. Fine tuning of thearea may be carried out by the Municipal Body at a later stage as the primaryoutput of survey shall be to increase tax payer base with special focus onunregistered properties/non residential/non self occupied properties/commercialand industrial establishments.

10.1.13. The survey data generated shall be transferred to the Municipal Corporation oncontinuous basis to the Nodal Officer/authorized officer thereof.

10.1.14. Each data collected has to be scanned and database created in excelsheet orother format as mandated by North Delhi Municipal Corporation in the agreementdocument.

10.1.15. Each data set may have to be matched with 3D GIS data wherever possible andalso with utility connection on the property in question. A joint exercise shall becarried out with NDMC/Selected Bidder(s) for this purpose.

10.1.16. The bidder has to train 2 Master Trainers for a period of 30 days who shall beemployees of the Municipal Corporation to ensure proper management of therecords generated during the survey process.

[ 117 (N) ]

10.2. PROPERTY TAX PASSBOOK & UPIC CARD :

10.2.1. A property passbook (for purposes of keeping records of property tax paid againsta particular property along with its UPIC number) needs to be issued to eachproperty owner. It is upto the selected bidder to suggest the data fields and otherfunctionalities which can be incorporated in the passbook in the interest of theMunicipal Corporation. The passbook should help in maintaining at least 10 yearsof taxation records. The passbook must be properly laminated and have a plasticcover to ensure its long life.

10.2.2. Property Passbook is only for municipal taxation purposes and is in no way aproof of ownership of the property and in no way legalizes any unauthorizedconstruction etc in the property/plot under consideration.

10.2.3. UPIC Card also has to be allotted to the applicants.

10.2.4. The work related to issue of passbook and customization of UPIC Card shall bedone centrally at the Central Data Processing Station which shall be provided bythe Municipal Corporation to the selected bidder and the same shall be issued anddelivered by courier/speed post to the applicant.

10.3. ALL RESPONSIBILITY FOR NUMBERING AS MAY BE REQUIRED U/S 327OF THE DMC ACT IF ANY SUCH PREMISES IS NOT PROPERLYNUMBERED.

10.4. OTHERS :

10.4.1. In the technical bid documents, the participating bidder should also suggest apublicity plan to ensure maximum coverage of properties during the surveyprocess. The costs for publicity shall also be borne by the Municipal Corporation.

10.4.2. Optional services which the bidder may want to provide in the survey may besuggested but it is subject to approval by the Municipal Corporation.

10.4.3. It must be noted that while all the information and data regarding this project, tothe best of the NDMCs knowledge, accurate within the considerations of scopingthe proposed contract, has been provided in this document and NDMC holds noresponsibility for the accuracy of this information and it is the responsibility of thebidders to check the validity of data included in this document. Each bidder mustconduct survey of the existing processes and make independent evaluation of thescope of work. No bidder can hold the Municipal Corporation responsible for nonunderstanding of the scope of work. Bidders are free to visit any property taxoffice independently to understand how people come and pay property taxmanually at various counters of the Municipal Corporation. The process is fully inpublic domain and no separate information shall be given to any bidder by theMunicipal Corporation on this account.

10.4.4. Each bidder is free to suggest actions on part of the Municipal Corporation toensure that UPIC usage can be increased across various functionalities so thatmaximum properties are brought within the scientific classification system duringthe survey process.

10.4.5. The work order may be split between more than one parties to ensure fasterexecution of work.

[ 118 (N) ]

11. PRE BID MEETING : The Municipal Corporation may convene a pre-bid meeting toaddress any Tender related queries but only those bidders who have physically purchased the tenderdocument before the Pre Bid Meeting Date are eligible to participate in the bid :

11.1. In addition, it be made clear that the Municipal Corporation shall entertain only thosequestions which have been submitted in writing on the letter head of participating biddersduly received in the Municipal Corporation at least 5 working days in advance to the prebid meeting.

11.2. No questions other than that submitted in writing shall be entertained at the time of pre bidmeeting.

11.3. Each bidder must mention the receipt number of tender documents and thecorrespondence for email while submitting queries on their letter head for the pre-bidmeeting. Amendments necessitated as a result of the pre-bid meeting or otherwise shallbe made available on participating bidders through email only. It shall be the responsibilityof the bidders to fine tune their proposals incorporating the amendments so communicatedthrough the email.

11.4. The Municipal Corporation shall not be responsible for any oversight or negligence on partof the bidders on the amendments to the terms and conditions of the tender document andnotified through the email.

11.5. That the Municipal Corporation shall not be responsible for communicating anyamendments as a result of the pre bid meeting through phone or post.

11.6. No extension of deadline for submission of bids shall be granted as a result of queriesduring the pre bid meeting.

12. TECHNICAL BID EVALUATION : Technical bid shall comprise of all papers related toformat for tender assessment duly filled along with supporting documents and required earnest money.Based on evaluation of the Tender Documents, only those bidders, who are technically qualified havingrelevant work experience, would be considered for selection to implement the project. The MunicipalCorporation may, at its discretion, call for additional information from the bidder(s). Such information hasto be supplied within the prescribed time frame, otherwise the Municipal Corporation shall make its ownreasonable assumptions at the total risk and cost of the bidders and the proposal may be rejected. Seekingclarifications cannot be treated as acceptance of the proposal. The Municipal Corporation reserves theright to verify any information submitted in the tendering process. As the project is highly specialized innature, even if only one bidder is qualified in the Technical Bid evaluation process, the same shall beconsidered and approved. Financial Bids of only technically qualified bidders shall be opened andnegotiations may take place with the selected bidder.

13. WEIGHTAGE FOR TENDER EVALUATION : A bidder shall be selected from amongstthe responsive Tenders on the basis of assessment of firstly the most technically sound and then theeconomically advantageous Tender applying the Combined Quality Cum Cost Based System (CQCCBS).This method of selection is being applied as the project is highly technical in nature and stress shall begiven on the higher technical standards with the weightage of Technical Bid (70%) and Financial Bid(30%).

13.1. Technical Bid Evaluation—70% weightage, Technically unqualified bids shall not beconsidered or opening of the financial bid and financial evaluation process. Thepercentage of marks distributed for technical bid shall be as under :

13.1.1. 25 Marks for meeting the mandatory criteria.

[ 119 (N) ]

13.1.2. 25 Marks on the documentation and process flow diagrams of the submittedproposal.

13.1.3. 40 marks for the standard operating procedures to rollout the project and livedemonstration by any participating bidder, should they wish to do the same andhow they intend to cover the scope of work in jurisdiction of NDMC. This shallinclude logistics/manpower/publicity/tools for data collection etc.

13.1.4. 10 marks for question/answers from selected bidders. Those bidders whose ten-der is found responsive to the needs as outlined in the tender shall be given aseparate time for such deliberations.

13.1.5. As this exercise shall have influence for decades on the financial decisions ofMunicipal Corporation, hence utmost importance shall be given to the technicalbid documents.

13.1.6. The minimum qualifying marks for consideration of financial proposal is 70.

13.2. Financial Bid Evaluation—30% weightage.

13.3. The scores of technical and financial bid shall be added and the bidder consortium gettingthe maximum score may be awarded the work.

D. BID—TIME LINES :

14. TENDER OPENING : Tender shall be opened in the presence of intending bidders/theirrepresentatives, who may like to be present at that time. In case Tender opening date is declaredHOLIDAY, Tender shall be received and opened on next working day at the same time specified in theNIT (Notice Inviting Tender). On the given date first the technical bid envelop shall be opened and allproposals with valid EMD shall be accepted for scrutiny. The financial bids shall be opened of onlytechnically qualified bidders.

15. VALIDITY OF OFFERS : Proposals shall remain valid for a period of 180 days from thedate of opening of the technical bid. The Municipal Corporation reserves right to reject a proposal valid fora shorter period as non-responsive. In exceptional circumstances, the Municipal Corporation may solicitthe bidder’s consent to an extension of the period of validity. The request and the response thereto shall bemade in writing. Extension of validity period by the bidder should be unconditional. A bidder may refuse therequest without forfeiting the Earnest Money Deposit (EMD). A bidder granting the request will not bepermitted to modify its Proposal.

16. GESTATION PERIOD : The selected bidder shall also get a maximum gestation period of90 days from the date of issue of work order post signing of the agreement to set up the necessaryinfrastructure to commence the implementation of the project. No extension of gestation period shall beallowed except for force majeure clause or non fulfillment of Conditions Precedent. The gestation periodshall be used to draw the implementation schedule, publicity campaigns, soft launch and fine tuning theimplementation process.

17. CONDITIONS PRECEDENT : That the date of the commencement of the project shallbecome and effective and binding on the selected agency from the data of issue of work order, providedhowever the following conditions are fulfilled by the Municipal Corporation to go ahead with the project :

17.1. All administrative approvals are granted/due publicity given/office space allocated/coordination committee is notified and Nodal Officer is appointed along with the publicnotice for effective implementation of the project as per the tender documents.

[ 120 (N) ]

17.2. Non Compliance of Conditions Precedent : it is agreed that, it the abovepreconditions are not met sixty days from the date of such agreement, then the MunicipalCorporation shall, at the option of the selected agency, complete all such requiredapprovals by extending the time limit by another suitable duration as both parties maydecide collectively.

18. TIME PERIOD : That the successful bidder shall have to complete the survey work within30 months from the date of award of work order excluding the gestation period as mentioned in the TenderDocuments. The timing of completion is essence of this project. That the Commissioner may under specialcircumstances extend the prescribed time period of the project/scheme.

E. REVENUE MODEL :

19. REVENUE MODEL : The Municipal Corporation after approval of this tender shall specifyservice charges/other transaction charges for the scope of work which shall be paid for by the propertyowner/occupier/taxpayer or representative thereof. The service charge per property shall be recovered bythe selected bidder property owner/occupier/taxpayer or representative thereof either Direct Payment incash/DD or electronic payment in a given bank account at approved bank branches or other approvedlocations or Online payment through Credit/Debit Cards or at other approved locations or DD payment atspecial registration camps. The Municipal Corporation has the right to expand the payment options forease of property owners. That either the Municipal Corporation or the selected agency shall not beresponsible for payment made to unauthorized persons or cash payments made at places other thannotified locations or any person.

19.1. That it shall be the responsibility of the selected agency to maintain all records ofpayments for audit of the same.

19.2. That scope of work shall be carried out only for those properties where payments havebeen done.

19.3. That in case of non payment of approved service charge prior to or at the time of survey,the bidder shall be empowered to collect penalty over and above the notified servicecharges.

19.4. That the bidder is in no way responsible for the authenticity of the data as this shall bepurely on the basis of self declaration by the owner/occupier of the property. That nopayments shall be withheld for the same.

19.5. That the Municipal Corporation reserves the right to moderate the prices and assigndifferential rates for different categories of properties during negotiation with thesuccessful bidder(s).

20. NEGOTIATIONS : Normally the work order shall be finalized on the basis of offer strictlyas per NIT instructions and terms and conditions. Post technical bid evaluation, Tender price negotiationsmay be held for financial offer, if necessary, only with the technically most Eligible Bidder who has therequisite work experience to execute the project successfully. The lowest financial bid from technicallyless qualified bids may not be considered for award of contract.

[ 121 (N) ]

21. PERFORMANCE GUARANTEE/SECURITY DEPOSIT : That the MunicipalCorporation shall open a new bank account which shall be used exclusively for Security Deposit Manage-ment. That 5% of all payments (minus Service Tax/minus TDS and other statutory taxes as applicable) tothe selected bidder shall be deposited in the Security Deposit Account for each transaction.

21.1. That on a daily basis 5% of all payments (minus Service Tax/minus TDS and otherstatutory taxes as applicable) collected by the bidder shall be placed with a specificSecurity Deposit a/c of the Municipal Corporation towards Performance Security. Thatthis shall be transferred on first working day of the week for the entire work done in thepreceding week.

21.2. That the entire performance security shall be refunded within 30 days of completion of theproject period or termination of the contract (subject to deduction of payments which maybe applicable on account of non performance in such an event).

22. PENALTY : The successful bidder shall ensure error free processing of all data. In case ofany negligence or error in processing a given data, the successful bidder has to rectify the same within 90days of the error being brought to the notice of by the Competent Authority. If the bidder fails to rectifythe error within 90 days of the error being brought to the notice of the implementing agency, thenMunicipal Corporation shall impose on the successful bidder a maximum penalty @ 25% of chargespayable by the Municipal Corporation for that UPIC record. That at any point of time any consequentialdamages/liabilities shall not be applicable to the implementing agency.

F. BID—ROLES AND RESPONSIBILITIES :

23. NODAL OFFICER : The Commissioner, North Delhi Municipal Corporation shall appoint aNodal Officer within one week of issue of work order for coordinating with all stakeholders to provide allassistance in implementation of the said project.

24. SUPPORTING INFRASTRUCTURE TO BE PROVIDED TO THE SELECTEDBIDDER BY THE MUNICIPAL CORPORATION : The Municipal Corporation shall provide allsupport and enforcement to help execution of the project for the period of contract and all approvals etc.as may be required for execution of the said project. This shall include but not limited to the following :

24.1. Nodal Officer for all assistance and approvals/removal of hindrances required to rolloutthe project successfully. This shall include but not limited to coordination with differentstakeholders, issue of NOC (No Objection Certificates), Public Notice, Intimation toProperly Taxpayers/Municipal Employees/Police/District Administration/RWA’s etc.,Security of Men And Materials For The Successful Implementation of The Project etc.

24.2. Publicity—regular publicity is undertaken during the entire duration of the project at thecost of the Municipal Corporation.

24.3. Coordination with Police/Stakeholders/RWA’s—that it shall be the responsibility ofthe Municipal Corporation to maintain coordination with the local police station/stakeholders,if so required.

24.4. Public Notice Municipal Corporation shall publish public notice at regular intervals aboutproject schedule/registration charges etc. at its own cost.

24.5. Sharing of Existing Database : That the Nodal Officer shall ensure that in case aproperty is already registered with the Municipal Corporation, its data is made available inadvance so that minimal time is taken while allotting UPIC to such properties.

[ 122 (N) ]

24.6. Central Data Processing Center in the Municipal Corporation Premises—Separate Office space with civic infrastructure (furniture for data warehousing and allcomputer hardware and scanners/printers/electric supply with online UPS for power backup/generator back up/internet or leased line connection etc) for management of the datathat is generated during the survey process.

24.7. Field Data Verification—It shall be the responsibility of the Municipal Corporation staff(accompanying the survey team) to verify an excel sheet of all properties surveyed onthat particular day. A format for reporting shall be given to the successful bidder after thework order is issued.

24.8. Time Bound Verification of Submitted Data at Central Data Processing Station, ifany—That is shall be the responsibility of the Municipal Corporation, if so required, toverify the data within 7 days of submission of the data for any discrepancies, if any. If nodeficiency is pointed out within 7 days of submission of that data, it shall be automaticallydeemed that no such deficiency exists. That in this regard the selected bidder is not liableto entertain any request if the same is not brought to its notice within this period.

24.9. Enforcement—Municipal Corporation shall provide for enforcement against defaulters/imposters or those who hinder the work. If any representative of bidder is hindered in anymanner from carrying out survey or there is any obstruction to survey work, the MunicipalCorporation shall get a FIR registered in the concerned police station under relevantsections of IPC. That the Municipal Corporation shall be responsible for safety andsecurity of the representatives of the selected bidder involved in survey work.

24.10. Bank Accounts—Municipal Corporation shall open new bank account(s) for projectpurposes in due consultation with the selected bidder. This shall be opened in any bankoperating under RBI License as per the advice given by the selected bidder. As audit hasto be integrated with the bank statement, a technology savvy bank shall be chosen inconsultation with the selected bidder.

24.11. Payment By Property Owner/Occupier/Taxpayer or their Representative—Thatthe Municipal Corporation guarantees that that it shall ensure realization of the applicableservice charges as notified by the Competent Authority during the course of the project.

24.12. Safety & Security of Submitted Data At Central Data Processing Station—That alldata submitted by the selected bidder shall be the responsibility of the MunicipalCorporation and the Municipal Corporation shall maintain necessary arrangements for thesame. That the selected agency shall in no way be liable for safe keeping of data aftersubmission of the data at the Central Data Processing Station.

24.13. Coordination Committee Meet—Municipal Corporation shall hold one CoordinationCommittee meeting in the first week of every month

24.14. Integration with existing e-governance system shall be the responsibility of theMunicipal Corporation. That the Municipal Corporation has already got runningapplication software which shall be used with improvisations for managing the datagenerated during the survey process.

[ 123 (N) ]

25. SERVICES OF THE SUCCESSFUL BIDDER : The successful bidder has to provide asunder :—

25.1. The bidder shall deploy and provide such qualified and experienced personnel as maybe required to perform the services under the project, including all related expenses likestationary, transport, telecom, boarding, lodging, audit etc.

25.2. Shall abide by all conditions as specified in the tender documents.

25.3. The selected bidder shall perform the survey and carry out its obligations under theContract with due diligence and efficiency in accordance with generally acceptedprofessional standards and practices.

25.4. A Dedicated Project Manager shall be permanently designated for interaction with theNodal Officer. He/she is to also be assisted by a Deputy Project Manager who cancoordinate in absence of the project manager.

25.5. Assist the Municipal Corporation in undertaking publicity campaigns for properinformation to stakeholders and suggest ways and means to ensure maximum coverage ofUPIC (Unique Property Identification Code).

25.6. The bidder has to assist the Municipal Corporation with one dedicated person to handleRTI queries related to the project at their own cost.

25.7. Hold monthly meetings with the Nodal Officer of the Municipal Corporation and updateon progress of the work.

25.8. Undertake all statutory tax compliances, all taxation and other Governmental StatutoryCompliances shall be the liability of the bidder. For every transaction Service Tax AsApplicable and TDS as applicable has to be deducted and deposited with the CompetentAuthority. That for tax compliance purposes, all accounts related to the project have to bemaintained properly and tax compliance information furnished to the Nodal Officer, as andwhen required.

25.9. It shall be the responsibility of the selected bidder to transfer the hard copy/scanned copyof the data on continuous basis to the Nodal Officer of the Municipal Corporation or anofficer designated by him. That an excel sheet bearing UPIC number of survey data shallbe printed and receiving taken on the same.

25.10. Shall be responsible for generation of UPIC Number/issue of Property passbook/UPICID Plate to the owner/occupant.

25.11. The field survey team shall move only in specifically designed vehicles and each employeeshall have proper ID Cards and Dress Code during conduct of the survey process. Eachvehicle shall be accompanied by a supervisor who shall have a mobile phone forcommunication purposes.

25.12. The selected bidder is free to coordinate with any stakeholder to expedite the surveyprocess.

25.13. Manage a 3 seater call center to handle customer related queries and have a dedicatednumber for the same. This number shall be given due publicity by the MunicipalCorporation. This shall be operational from 9 am to 6 pm for the duration of the project onall working days.

[ 124 (N) ]

25.14. That the publicity campaign shall be devised and suggested to the Municipal Corporationfor execution. Public Relations exercise has to be undertaken at regular intervals toensure proper support of property owners/occupiers etc.

25.15. A representative of the selected bidder shall attend coordination committee meeting.

26. COORDINATION COMMITTEE : That a coordination committee (headed by the NodalOfficer of this project) consisting of representatives of the Municipal Corporation/other GovernmentAgencies and the selected bidder shall be constituted to address any issue that any issue that may ariseduring implementation of the project and resolve all issued through mutual discussions and good faith. Thatthe said Coordination Committee shall have the powers to improvise the UPIC Scheme project functionalitiesin due course of time and such suggestions can be added as improvements in the Agreement and suchdecisions subject to approval of the Commissioner shall deemed to have been approved by theCorporation. Such recommendations with due approval of the Commissioner shall be binding on theselected agency. The views of the selected agency on such suggestions shall always be invited during thedeliberations.

G. WORK ORDER/AGREEMENTS/OTHERS :

27. WORK ORDER : The Letter of Intent shall be issued within 3 days of finalization of tenderand a work order shall be issued within 2 days of receipt of letter of acceptance from the selected agencyin response to the Letter of Intent.

28. AGREEMENT : An agreement would be executed simultaneously along with the issue ofwork order to ensure successful working of the system between the Municipal Corporation and the bidder/consortium selected to implement the system that would also define the terms and conditions forcompletion of the project in a time-bound manner. In the event that any provision of the agreement isrendered invalid or unenforceable by any law or regulation or declared null and void by any Court ofCompetent Jurisdiction, that shall be reformed, if possible to conform to law and if reformation is notpossible, that part of the Agreement shall be amended/deleted, the remainder of the provisions of theagreement shall remain in full force and effect. That this contract and the agreement shall endureirrespective of change of constitution of the implementing agency or any amendment to the act/rules/regulations/bye laws hereafter made and shall have an arbitration clause in the agreement. That the tenderdocument and outcomes of all negotiations with the selected bidder shall form a part of the agreement.Amendments/additions may also be necessitated on account of Coordination Committee deliberations.

29. SUCCESSOR BODY : That if there is a change in the constitution of the implementingagency, its successor body shall be bound by the agreement during its tenure.

30. DATA TRANSFER TO MUNICIPAL CORPORATION : That all bidders accept andagree to hand over the entire data/records generated during the survey process to the MunicipalCorporation on a weekly basis.

31. EXCLUSIVITY : The successful bidder shall have exclusive right for the implementation ofthe said project for the time period as defined above and no agreement or arrangement permitting suchactivities by any other party shall be entered into with any other party during the concession period by theCompetent Authority. However, North Delhi Municipal Corporation may distribute the work amongst twobidders to expedite the data collection process.

32. FORCE MAJUERE : The bidders shall not be responsible for failure or delay in performingtheir obligations under presents due to force majeure, which shall include but not be limited to war(invasion, armed conflict or act of foreign enemy, blockade, revolution, riots, insurrection, civil commotion,act of terrorism, or sabotage), Act of God, epidemic, cyber terrorism/cyber criminals, lightning, earthquake,

[ 125 (N) ]

cyclone, whirlwind, flood, tempest, storm, drought, lack of water or other unusual or extreme adverseweather or environmental conditions, action of the elements, meteorites, fire or explosion, strike, embargoput by the Government or any Court of Law/threats from naxals/anti national elements/political protestsagainst the project or extortion from anti social elements, theft, loot or any other situation not envisaged atthe time of formulation of this project/tender. If the circumstances leading to force majeure occur, theaffected party shall give notice thereof to the other party. The notice shall include full particulars of thenature of Force Majeure event, the effect it is likely to have on the Affected Party’s performance of itsobligations and the measures which the Affected Party is taking, or proposes to take, to alleviate theimpact of the Force Majeure Event and restore the performance of its obligations. The obligations of theAffected Party shall be suspended to the extent they are affected by the Force Majeure.

33. TERMINATION OF CONTRACT :

33.1. The Municipal Corporation may at any time terminate the Contract by giving writtennotice to the Agency, if it becomes bankrupt or otherwise insolvent or in case of dissolu-tion of firm/company or winding up of firm/company.

33.2. The contract may also be terminated due to non-performance of selected agency duringexecution of Project. In such case the Municipal Corporation shall intimate the selectedbidder in writing about all issues where performance is below the expected level or is notsatisfactory and the selected bidder shall be given 90 days to rectify the same. Failure torectify the same shall result in termination of the contract. That a part of the SecurityDeposit may be deducted to the extent of non performance, if any which shall be dulydecided by the Coordination Committee.

33.3. That Security Deposit shall not be invoked in case of force majeure situations and thecontract shall not be terminated for failure to discharge responsibilities due to forcemajeure situations.

33.4. That no consequential damages shall be payable by the either parties upon termination ofthe contract, except for penalties deducted from the performance guarantee.

34. DISPUTES : In case of disputes, only Local Courts in Delhi shall have jurisdiction or throughArbitration as per Indian Laws. The Parties shall endeavour to settle by mutual conciliation any claim,dispute, or controversy (“Dispute”) arising out of, or in relation to this project. Any Dispute shall be finallysettled in accordance with the Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall beconducted in Delhi. The arbitration proceedings shall be conducted in the English language.

35. For interpretation of any clause in the Tender or project functionalities during project executionphase, the interpretation the Municipal Corporation and the Coordination Committee deliberations/decisionsshall be final and binding.

36. UNDERTAKING : I/we have gone through the tender documents and accepted all the termsand condition of the tender and bound by the conditions given in the document as well as scope of work.That we agree that only the technically best tender shall be selected for financial evaluation and since theproject is highly specialized in nature, even if one bidder qualifies in the technical bid evaluation process, itsfinancial bid shall be opened and work shall be awarded. That we agree that L1 from amongst qualifiedbidders may be rejected if the tender award committee feels that the response to tender is not qualifiedenough for the selected bidder to execute the project on the ground.

[ 126 (N) ]

Seen and accepted. Signature of the Authorized Signatory

(With Office Rubber Stamp)

FORMAT FOR TENDER ASSESSMENT

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. NAME OF THE ORGANISATION WITHANY ONE REGISTRATION DOCUMENT

2. CORRESPONDENCE ADDRESS

3. CONTACT MOBILE NUMBER AND EMAILID

4. NAME OF PERSON(S) TO BE CONTACTEDFOR CLARIFICATION

5. PROJECT IMPLEMENTATION PLAN ASPER THE TENDER DOCUMENTS(ENCLOSED)

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Certified that the information given above is correct to the best of my knowledge.

SIGNATURE OF AUTHORIZED SIGNATORY WITH SEAL :

DATE :

[ 127 (N) ]


Date :

To,


SUBJECT :— FINANCIAL BID—TENDER TO ENGAGE SERVICES OF AN AGENCYFOR ASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE(UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAMLINETAX COLLECTION.

Sir,

1. We, the undersigned, having carefully examined the referred tender offer to participatein the same, in full conformity with the said tender and all the terms and conditions thereofand are quoting the costs exclusive of service tax which shall be levied as applicable fromtime to time.

2. 10% TDS shall be deducted and deposited on monthly basis and TDS payment detailsshall be furnished to the Nodal Officer.

3. We understand you are not bound to accept any proposal you receive, not to give reasonfor rejection of any proposal and that you will not defray any expenses incurred by us inbidding.

4. We understand that you have the right to enter into negotiations for offered prices fromany bidder who is considered to be eligible as per tender documents.

Signature

Designation

[ 128 (N) ]

FINANCIAL BID

PART- II

TO BE SUBMITTED IN ORIGINAL BID DOCUMENT REQUIRED FOR FINANCIAL BID & SHOULDBE KEPT IN SEPARATE SEALED COVER SUPERSCRIBING “PART-II—FINANCIAL BID - “TEN-DER TO ENGAGE SERVICES OF AN AGENCY FOR ASSIGNMENT OF UNIQUE PROPERTYIDENTIFICATION CODE (UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAM-LINE TAX COLLECTION”.

[ 129 (N) ]


To,


SUBJECT :— FINANCIAL BID—TENDER TO ENGAGE SERVICES OF AN AGENCYFOR ASSIGNMENT OF UNIQUE PROPERTY IDENTIFICATION CODE(UPIC) U/S 125 OF THE DMC ACT WITH THE AIM TO STREAMLINETAX COLLECTION.

Dear Sir,

With reference to the invitation to Bid No. ……………………. Dated ……………………for the above-mentioned tender, we hereby offer our rates as per the scope of work mentioned in the biddocuments. We understand that the Competent Authority is not bound to accept the lowest offer andreserves the right to reject any or all offers without assigning any reason. The financial rates are detailedas under (the bidders are free to provide this information in a supplementary sheet) :––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. Particulars Value in Figures Value in wordsNo. (Including Service (Including Service

Tax & Any Other Taxes Tax & Any OtherAs Applicable) Taxes As Applicable)

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––1. Service Charge Per Entire Scope of

Work For UPIC Allotment u/ 125 asper the scope of work in the tenderdocuments.

2. Service Charge Per PremisesNumber/Sub Number U/s 327.

3. Any Other Service Charges.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

The entire project has to be implemented on turnkey basis and the administrative, operational(transport which may increase on account of increasing fuel bills/boarding/lodging/publicity and PR costs/document station/scanning/database update/accounting and tally software account management costs,training of master trainers for record management, all scope of work in the bid etc.) costs would beprovided by the successful bidder and hence must be factored in the Financial Bid. As the project durationis for 30 months, inflation factor for transport/manpower/repeat data collection etc must be kept in mindwhile bidding for the proposed project. We have satisfied ourselves and carefully perused the terms andconditions of the bid documents/specifications and we hereby confirm to provide turnkey services on yourbehalf. We also understand that you will not accept those Bids, which are not in conformity to theprescribed terms and conditions. Thanking you.

Signature of Authorized Signatory With Seal :

Date:

[ 130 (N) ]

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

Commissioner’s letter No. F. 33/Hackney Carriage/NDMC/462/C&C dated 30-1-2013.

In the unified MCD, a zone-wise ceiling/limit for grant of 99,000 cycle rickshaw licenses wasfixed by the Corporation vide its Resolution No. 217 dated 1-12-1997 (ANNEXURE ‘A’) in all its entirejurisdiction of 12 Municipal Zones and accordingly 89,429 cycle rickshaw licenses were issued as perCycle Rickshaw Bye-laws, 1960 (amended in the year 1994).

2. The Hon’ble High Court of Delhi vide its Order dated 10-2-2010 while constituting a SpecialTask Force headed by the Chief Secretary, GNCTD to explore all the questions pertaining to road trafficin Delhi with the objective of minimizing congestion, reducing pollution levels of motor vehicles andensuring equitable access to all classes of vehicles that ply on the roads including non-motorized transportsuch as bicycles and cycle rickshaws etc. held that the restriction or cap imposed by MCD in respect ofcycle rickshaw licenses which can be issued, is held to arbitrary, and the impugned 2007 policy particularlyclause 4(c) is hereby set side to that extent and Clause 4 (k) and (l) of the impugned policy of 2007 andBye-law 17(b) and 17-A of the 1960 Bye-laws to the extent they permit confiscation, and scrapping ofcycle rickshaws, and mandate a continuing offence, prescribing specific sanctions, are without authority oflaw and contrary to the Delhi Municipal Corporation Act, 1957. However, provision of Bye-law 17 (a) ofthe Cycle Rickshaw Bye-laws, 1960 to impose of a penalty which may extend to Rs. 50/- whoevercontravenes any provision of any of the bye-laws 3, 5, 6, 7, 8, 10, 11 or 13 as per Bye-law No. 17 of theCycle Rickshaw Bye-law, 1960 has been kept alive.

3. Subsequently, the Hon’ble High Court of Delhi vide its orders dated 2-6-2012(ANNEXURE ‘B’) passed in CWP No. 4572/2007 has, however, issued directions to the MCD forregistration of all cycle rickshaws and licensing of pullers/pliers thereof and to take a decision for fixingone-time registration fee/parking charges for registration of the NMVs. The registration shall remain validfor a period of five years. As regards the fee for plier/puller license, it shall be collected on three-yearlybasis or for longer duration as may be decided by the MCD.

4. The Hon’ble High Court of Delhi vide its subsequent order dated 7-12-2012(ANNEXURE ‘C’) directed that the inputs provided and the forms suggested by the petitioner may alsobe taken into consideration by the MCD for the purpose of redrawing of the application forms forregistration of MNVs and licensing of pullers/pliers thereof. The forms will indicate what the fees to becollected for registration, license and parking which will contain instructions to the applicants to facilitatequick processing of the applications. The Hon’ble Court further clarified that these forms would apply toregistration and licensing only of cycle rickshaws as defined by the Cycle Rickshaw Bye-laws.

5. Accordingly, taken into account the inputs provided by the petitioner, application forms forregistration of cycle rickshaws and licensing of pullers/pliers have been finalized which are annexedherewith as ANNEXURE ‘D’ & ANNEXURE ‘E’ respectively.

[ 131 (N) ]

There shall be a registration fee of Rs. 500/- (valid for five years) & parking fee of Rs. 500/-(one time) whereas the licensing fee to be charged for grant of puller/plier license shall be Rs. 150/- (validfor three years) which has also been indicated on the top of the Application Forms containing instructionsoverleaf thereof as directed by the Hon’ble High Court of Delhi. The details about it are as under :———————————————————————————————————————————

Category Fee as per Fee suggested by Fee proposed byexisting Policy the Petitioner the Department

——————————————————————————————————————————Registration of Rs. 50.00 Rs. 400.00 Rs. 500.00Cycle Rickshaw per annum (for five years) (for five years)

Parking Fee Nil Rs. 100.00 Rs. 500.00(one time) (one time)

Cycle Rickshaw Rs. 25.00 per Rs. 100.00 Rs.150.00per annum (for three years) (for three years)

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

6. It is added that an Application was moved before the Hon’ble High Court of Delhi in theinstant matter by the North DMC thereby requesting the Hon’ble Court to kindly get the proof ofresidence as mandatory for registration of NMV/Cycle Rickshaw and for granting license to the rickshawpullers/pliers and only then the registration and license of NMVs shall be undertaken by the Civic Body.The Hon’ble High Court vide its order dated 7-12-2012 has, however, dismissed such application sincemoved by North DMC.

However, taking into account legal advice given by Ms. Madhu Tewatia, Advocate & ChiefLaw Officer, North DMC, a Special Leave Petition (SLP) has been preferred before the Hon’bleSupreme Court of India with reference to insisting on ID and address proof while issuing license andregistration of cycle rickshaws.

In order to ensure compliance of the aforesaid directions passed by the Hon’ble High Court ofDelhi & to avoid any adverse directions, the matter may placed before the Corporation, routed throughStanding Committee to accord approval so as to undertake the process of registration of cycle rickshawsand licensing of rickshaw pullers/pliers plying within the jurisdiction of the North DMC on realization ofregistration fees/parking charges for cycle rickshaws & license fee for cycle rickshaw puller/plier asproposed under para (5) hereinabove & in accordance with the terms/conditions placed on the overleaf ofthe Application Forms and in the light of the provisions of the Cycie Rickshaws Bye-laws subject to finaloutcome of the Special leave Petition (SLP) preferred before the Hon’ble Supreme Court of India on theissue of ID and address proofs of the cycle rickshaw pullers/pliers. The finance has already concurred inthe proposal.

[ 132 (N) ]

ANNEXURE ‘E’mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½

jftLVªs”ku uaŒ a a a a a a a a a a a a a a a a a a

iathdj.k “kqYd ¼oSèkrk ikap o’kZ½ 500@& #i;s jlhn la[;k a a a a a a a a a a a a frfFk a a a a a a a a a a a a ¼layXu djsa½ikÆdax “kqYd ¼,deq”r½ 500@& #i;s jlhn la[;k a a a a a a a a a a a a a a a a frfFk a a a a a a a a a a a aa a a a a a

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ % iathdj.k gsrq vkosnu&i=1- vkosnd dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a

2- firk@ifr dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a

3- orZeku fuokl dk irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

4- fnYyh esa dc ls jg jgs gSa a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a

5- LFkk;h irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

6- tUe frfFk@vk;q a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a

7- eksVj jfgr okgu dh Js.kh o Ýse uaŒ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a

8- eksVj jfgr okgu [kjhnus dh jlhn ¼;fn gS rks½ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a

‘kiFk&i=1- eSa “kiFk ysrk gw¡ fd iathdj.k dk nq#i;ksx ugha d:¡axkA2- eSa ;g Hkh “kiFk ysrk gw¡ fd iathdj.k tkjh dh xÃ eksVj jfgr okgu ¼lkÃdy fjD”kk½ dk Ýse uaŒ fdlh

vU; eksVj jfgr okgu ¼lkÃfdy fjD”kk½ ij ç;ksx ugha d:¡axkA3- mijksDr fn;k x;k fooj.k esjh le> ds vuqlkj lR; gSA vxj foHkkx fdlh Hkh le; ;g ikrk gS fd

mijksDr fooj.k o tkudkjh vlR; gS rks foHkkx dks eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dk iathdj.k jÌdjus dk vfèkdkj gksxkA

fVIi.kh %& vkosnd ls fuokl ls lEcfUèkr nLrkostysus gsrw ;kfpdk ekuuh; loksZPp U;k;ky; esafopkjkèkkhu gS ftldk fu.kZ; lHkh dks Lohdk;Z gksxkA

çkFkhZ ds gLrk{kj@vaxwBk fu’kku

mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkbfdy fjD’kk½ % iathdj.k gsrq vkosnu&i= dh çkfIriathdj.k gsrq vkosnu Jh@Jherh a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a firk@ifr Jh a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a ls çkIrfd;kA bl vkosnu&i= esa dksÃ deh ugha gS@la{ksi esa fuEufyf[kr dfe;ka gSa ¼js[kkafdr Hkkx esa tks ykxw u gks] rks mlsdkV fn;k tk,A½] ftls vkosnd “khÄz nwj djsaA1- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 2- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 3- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aLFkku a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a fnukad a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a afVIi.kh %& vkosnd ls fuokl ls lEcfUèkr nLrkost

ysus gsrw ;kfpdk ekuuh; loksZPp U;k;ky; esafopkjkèkkhu gS ftldk fu.kZ; lHkh dks Lohdk;Z gksxkA

çkIrdÙkkZ ds gLrk{kj ¼LVkEi lfgr½

ikli®VZ lkbZtdk Q®V®

[ 133 (N) ]

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ dk iathdj.keksVj jfgr okgu ¼lkÃfdy fjD”kk½ ds iathdj.k ds fy, funsZ”kA1- çR;sd vkosnd lkjh vkSipkfjdrk;sa iwjh djus ds i”pkr~ gh eksVj jfgr okgu ¼lkÃfdy fjD”kk½

ds iathdj.k ds gdnkj@;ksX; gksxkA2- QkeZ rhuksa uxj fuxe ds lhŒ,lŒchŒ dkmaVj ls fu%”kqYd çkIr gksxk] rFkk çR;sd uxj fuxe

dh osclkÃV ls Hkh MkmuyksM fd;k tk ldrk gSA3- QkeZ tek fd;s tk;saxs %&

¼d½ lacafèkr fuxe ds {ks=h; dk;kZy; ds lhŒ,lŒchŒ dkmUVj ijA¼[k½ fdlh Hkh dk;Zfnol esa çkr% 9&00 cts ls mijkUg 3&00 cts rdA¼x½ çR;sd vkosnd viuk QkWeZ tek djus ds fy, Lo;a mifLFkr gksxkA

4- iathdj.k ds fy, rhuksa uxj fuxe }kjk iw.kZr;k Hkjs gq, QkeZ gh çkIr fd;s tk;saxsA5- iathdj.k “kqYd 500@& #i;s iakp o’kZ ds fy, ekU; gksxkA6- QkeZ ds lkFk fuokl lacafèkr rFkk lkÃfdy fjD”kk [kjhnus lacafèkr nLrkost nsuk vfuok;Z ugha

gSA7- ikÆdax “kqYd ,deq”r 500@& #i;s iathdj.k ds lkFk nsuk gksxkA8- vkosnu dh çLrqfr ds nks dk;Z fnolksa ds Hkhrj çR;sd uxj fuxe ;k rks iathdj.k dh LohÑfr

nsxk ;k QkeZ viw.kZ gksus dh fLFkfr esa nLrkost deh i=@Kkiu nsxkA9- ;fn vkosnu QkeZ esa dksÃ deh ikÃ tkrh gS rks mldks vkosnd }kjk Li’V fd;k tk,xkA ,d

ckj og Li’Vrk çLrqr dj nsrk gS rks çR;sd uxj fuxe dks nks fnu ds Hkhrj mlds eksVj jfgrokgu ¼lkÃfdy fjD”kk½ dk iathdj.k djuk gksxkA ;fn iw.kZ QkeZ dh çkfIr ds nks fnu ds HkhrjçR;sd uxj fuxe mDr eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dk iathdj.k ugha djrk rks mDreksVj jfgr okgu ¼lkÃfdy fjD”kk½ dks iathÑr le>k tk,xkA

10- iathdj.k dkMZ ds xqe gksus dh fLFkfr esa vkosnd ,QŒvkÃŒvkjŒ@iqfyl f”kdk;r ds lkFk200@& #i;s tek djkdj u;k dkMZ çkIr dj ldrk gSA

11- fdlh Hkh çdkj dh f”kdk;r@ijs”kkuh ds fy, lacafèkr {ks=ksa ds lgk;d vk;qä] vihyh;çkfèkdkjh gksaxs vkSj vkosnd dh ijs”kkuh dks lkr fnu ds Hkhrj fuokj.k dj mfpr dk;ZokghdjsaxsAgsYiykÃu uEcj a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a{ks=h; lgk;d vk;qDr ds dk;kZy; dk irk a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a a

12- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dh iathdj.k la[;k dks ,d IysV ds mij fpidk dj eksVjjfgr okgu ¼lkÃfdy fjD”kk½ ij yxk;k tkuk vfuok;Z gSA

13- ;g eksVj jfgr okgu ¼lkÃfdy fjD”kk½ dEI;qVjhÑr gksxkA14- vkosnd QkWeZ esa ikÃ xÃ xyr lwpuk vFkok èkks[kkèkM+h gks] rks og iathdj.k dh jn~nrk dk

dkj.k gksxkA

[ 134 (N) ]

ANNEXURE ‘D’mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds ykÃlsal gsrq vkosnu&i=iathdj.k “kqYd ¼oSèkrk rhu o’kZ½ 150@& #i;s jlhn la[;k a a a a a aa a a a a frfFk a a a aa a aa a a a a ¼layXu djsa½

1- vkosnd dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a

2- firk@ifr dk uke a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a

3- orZeku fuokl dk irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a

4- fnYyh esa dc ls jg jgs gSa a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a

5- LFkk;h irk a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a Fkkuk a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa aa aiksLV vkWfQl a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a ftyk a a a a a a a aa a a a a a a a a a a a a a çkUr a a aa a a a a a a a a a a a a a a a aaa a a a a a a a a aa a a a a a a a a

6- tUefrfFk@vk;q a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a a a a a a a a a a a

7- eksVj jfgr okgu [kjhnus dh jlhn ¼;fn gS rks½ a a a a a a a a a a aa a a a a a a a a a a a a a a a aa a aa a a a a aÄks”k.kk

1- eSa Äks’k.kk djrk gw¡ fd mijksDr fn;k x;k fooj.k esjh le> ds vuqlkj lR; gSA2- ;fn fdlh Hkh mijksDr fooj.k o tkudkjh esa vlR;rk ik;h tkrh gS rks foHkkx dks esjk ykblsal jÌ djus

dk vfèkdkj gksxkA


çkFkhZ ds gLrk{kj@vaxwBk fu’kku

mÙkjh@nf{k.kh@iwoÊ fnYyh uxj fuxe¼gSDuh dSfjt foHkkx % {ks= a a a a a a a a a a a a a a a a a a a a a a a½


eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds ykÃlsal gsrq vkosnu&i= dh çkfIreksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds ykblsal gsrq vkosnu&i=

Jh@Jherh a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a afirk@ifr Jh a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a ls çkIr fd;kA bl vkosnu&i= esa dksÃ deh ugha gS@la{ksi esa fuEufyf[krdfe;ka gSa ¼js[kkafdr Hkkx esa tks ykxw u gks] rks mls dkV fn;k tk,A½] ftls vkosnd “khÄz nwj djsaA1- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 2- a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 3- a a a a a a a a a a a a a a a a a a a a a a a a a a a a aLFkku a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a fnukad a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a


çkIrdÙkkZ ds gLrk{kj ¼LVkEi lfgr½

ikli®VZ lkbZtdk Q®V®

[ 135 (N) ]

eksVj jfgr okgu ¼lkÃfdy fjD’kk½ pkyd ds fy, ykÃlsal

eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds fy, ykÃlsal tkjh djus lacafèkr funsZ”kA1- çR;sd vkosnd lkjh vkSipkfjdrk;sa iwjh djus ds i”pkr~ gh ykÃlsal dk gdnkj@;ksX; gksxkA

2- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd ds ykÃlsal ds fy, vkosnu&i= rhuksa uxj fuxe dslhŒ,lŒchŒ dkmaVj ls fu%”kqYd çkIr gksxk] rFkk çR;sd uxj fuxe dh osclkÃV ls HkhMkmuyksM fd;k tk ldrk gSA

3- QkeZ tek fd;s tk;saxs %&

¼d½ lacafèkr fuxe ds {ks=h; dk;kZy; ds lhŒ,lŒchŒ dkmUVj ijA

¼[k½ fdlh Hkh dk;Z fnol esa çkr% 9&00 cts ls vijkà 3&00 cts rdA

¼x½ çR;sd vkosnd viuk QkWeZ tek djus ds fy, Lo;a mifLFkr gksxkA

4- ykÃlsal ds fy, rhuksa uxj fuxe }kjk iw.kZr;k Hkjs gq, QkeZ gh çkIr fd;s tk;saxsA

5- ykÃlsal “kqYd 150@& #i;s rhu o’kZ ds fy, ekU; gksxkA

6- QkeZ ds lkFk fuokl lacafèkr rFkk vU; nLrkost nsuk vfuok;Z ugha gSA

7- vkosnu dh çLrqfr ds nks dk;Z fnolksa ds Hkhrj çR;sd uxj fuxe ;k rks ykÃlsal dh LohÑfrnsxk ;k QkeZ viw.kZ gksus dh fLFkfr esa nLrkost deh i=@Kkiu nsxkA

8- ;fn vkosnu QkeZ esa dksÃ deh ikÃ tkrh gS rks mldks vkosnd }kjk Li’V fd;k tk,xkA ,dckj og Li’Vrk çLrqr dj nsrk gS rks çR;sd uxj fuxe dks nks fnu ds Hkhrj mldks ykÃlsalnsuk gksxkA ;fn iw.kZ QkeZ dh çkfIr ds nks fnu ds Hkhrj çR;sd uxj fuxe mDr ykÃlsal çnkuugha djrk gS rks mDr ykÃlsal dks LohÑr le>k tk,xkA

9- eksVj jfgr okgu ¼lkÃfdy fjD”kk½ pkyd dks ykÃlsal vius lkFk j[kuk gksxkA

10- ykÃlsal ds xqe gksus dh fLFkfr esa vkosnd ,QŒvkÃŒvkjŒ@iqfyl f”kdk;r ds lkFk 200@&#i;s tek djkdj u;k ykÃlsal çkIr dj ldrk gSA

11- fdlh Hkh çdkj dh f”kdk;r@ijs”kkuh ds fy, lacafèkr {ks=ksa ds lgk;d vk;qä] vihyh;çkfèkdkjh gksaxs vkSj vkosnd dh ijs”kkuh dks lkr fnu ds Hkhrj fuokj.k dj mfpr dk;ZokghdjsaxsA

gsYiykbu uEcj a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a

{ks=h; lgk;d vk;qDr ds dk;kZy; dk irk a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a

a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a aa a a a a a a a a a a a a a a a a a a a aa a a a

12- ;fn vkosnu QkeZ esa ikÃ xÃ xyr lwpuk vFkok èkks[kkèkM+h gks] rks og ykÃlsal dh jn~nrk dkdkj.k gksxkA

[ 136 (N) ]

ANNEXURE ‘B’

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision : 2-6-2012

W.P. (C) 4572/2007MANUSHI SANGATHAN, DELHI ...... Petitioner

VersusGOVT OF DELHI AND ORS. .....Respondents

W.P. (C) 8580/2009INITIATIVE FOR TRANSPORTATION AND DEVELOPMENTPROGRAMMES ...... Petitioner

VersusMCD AND ORS. .....Respondents

CONT. CASE (C) 564/2010MANUSHI SANGATHAN ...... Petitioner

Versus

P.K. PANDA AND ORS. .....Respondents

Appearance : Ms. Indira unninayar with Ms. Kirat Randhawa, Advocate forpetitioners in WP (C) 4572/07 and Cont. Case (C) 564/2010.

Mr. Nazmi Waziri, Standing Counsel for GNCTD with Ms. Neha Kapoor,Advocate.

Ms. Madhu Tewatia, Advocate for MCD with Ms. Sidhi Arora, Advocate.

Ms. Geetanjali Mohan, Advocate for Railways with Ms. Mansi Gautam,Advocate.

Mr. Sanjeev Ralli with Mr. Sandeep Anand. Advocates for respondents/Chandni Chowk Vyapar Mandal.

Ms. Pooja Bahuguna, for Ms. Sangeeta Chandra, Standing Counsel for DDA.

Ms. Reeta Kaul and Sh. Sandeep Khatri, Advocates, for Resp. Nos. 4 and 5in W.P. (C) 4572/2007.

Mr. Shashi Bhushan, President, All Delhi Cycle Rickshaw Operator Union.

CORAM :MR. JUSTICE S. RAVINDRA BHATDR. JUSTICE S. MURALIDHARMR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)

%

C.M. APPL. 626/2012, 2724/2012, 2801/2012, 3663/2012 and 793/2012

Left Slip Road1. At a special sitting today, the Court was shown several presentations. One of these included apresentation by M/s. Pradeep Sachdeva and Associates, the Architects commissioned by the MCD. This

[ 137 (N) ]

presentation was about the road segregation on the S.P. Mukherjee Marg for the purpose of pilot projectfor implementation of the directions contained in this Court’s judgment dated 10-2-2010. The Court isinformed that this presentation was also made before the UTTIPEC which has approved it in principle.According to the proposal, the free-left slip road turning on to the S.P. Mukherjee Marg would no longerexist. Instead a separate lane has been created in the main carriageway to cater to the left-turningmotorized vehicle (MV) traffic. The proposal also envisions a multi-utility zone (MUZ) which is to act as abuffer between non-motorized vehicle (NMV, a term which refers to cycle rickshaws, trolleys, thelas, etc.also variously called “cycle rickshaws”) (NMV) lane and the main carriageway for motorized vehicles.The MUZ would be used for parking of rickshaws, emergency vehicles, ‘PCRs and also for the purposeof hawking.

2. Mr. Nazmi Waziri, learned counsel on behalf of the NCT of Delhi and the Delhi Policesubmitted on instructions from the DCP (Traffic) present in court that the above proposal was acceptableand that suitable steps to implement the same would be taken at the earliest. We also direct all concernedagencies to cooperate and ensure that the road segregation of the S.P. Mukherjee Marg with the additionalMV lane as proposed by M/s. Pradeep Sachdeva and Associates is implemented within six weeks fromtoday. Just after the above was dictated in Court, Mr. Waziri informed the Court that that there was arethink. by the DCP (Traffic) and that even though earlier the proposal to do away with the free left sliproad had been agreed to by the Govt. of NCT of Delhi, they were now opposed to the idea and wished tohave a free left slip road. The concerned DCP Traffic is of the opinion that such a free slip road isnecessary and that the Delhi Police is not comfortable with the idea of a buffer zone.

3. We notice in this regard that the UTIIPEC formulated Street Design Guidelines adopted by itin November, 2009, which is the guiding norm for town-planning and design of various streets in the Govt..of NCT of Delhi.

These guidelines inter alia state :—

“Slip roads on Delhi roads are meant for the “signal free” movement of traffic andto spare the left turning traffic from having to wait at traffic lights for taking a turn.

While such car-oriented design features has not really helped reduce congestion oncity roads, this design feature make “crossing the street safely” for pedestrians,cyclists, aged and physically challenged people an impossible task.

Making street-crossing unsafe for these road users further discourages walking anduse of public transport, and therefore induces people to use private vehicles.

Therefore, from a pedestrian and cyclist safety standpoint, Slip roads areundesirable.”

4. We are of the considered opinion that the UTTIPEC guidelines having been shown anddiscussed, and accepted in principle previously, should be acted upon. We also notice that the Govt. ofNCT of Delhi is committed to the UTTIPEC guidelines and has agreed to implement the same. Noreservation of the kind being voiced now, is on record, in any of the previous UTTIPEC meetings,including those chaired by the Lieutenant Governor. We accordingly direct all the authorities and agencies,including the Delhi Police, to cooperate and ensure that the proposal suggested and shown in Court todayby M/s. Pradeep Sachdeva and Associates are implemented within the shortest possible time and in anyevent within six weeks from today.

Entry of buses into the Old Delhi Railway Station

5. Pursuant to “the notice issued by this Court, the Northern Railways is present and isrepresented by Ms. Geetanjali Mohan, learned counsel. She stated that according to the agreed plan, buses

[ 138 (N) ]

were permitted entry into the Old Delhi Railway Station on 26th May, 2012 but that due to demonstrationsand resistance by taxi pliers, however, implementation of the plan could not take place. During the hearing,Mr. Waziri, learned counsel for the Govt. of NCT of Delhi, Ms. Madhu Tewatia, learned counsel for theMCD and Ms. Indira Unninayar, learned counsel for the petitioner emphasized that there was considerable‘traffic congestion and chaos outside the Old Delhi railway station on account of the buses having to waitand being denied entry and the passengers who alight and walk along the street which in turn clogs thestreets. It was submitted that the bus passengers are left in the lurch because they would have to travel aconsiderable distance from the alighting point to the station with heavy loads of luggage. Other passengerswho travel in private vehicles taxis or other private modes of transport do not face a similar hardship. MT.Waziri submitted that if buses are allowed entry as they were earlier, a far greater number of passengerswould be able to reach the station easily and thus avoid the traffic chaos which prevails in the area. Ms.Mohan, on the other hand, submitted that the situation which existed 22 years ago does not prevail nowsince there has been a 10-fold increase in the footfalls in the railway station. It was submitted that the taxipliers, auto rickshaw and cycle rickshaw pliers have serious reservations to such proposal.

6. We are of the opinion that the experiment of allowing entry of buses into the Old DelhiRailway Station should be viewed as an essential component of the pilot project and tried on anexperimental basis for 15 days to begin with. This is vital for gathering data. Also it is important to ensureequitable access to the railway station to all passengers whether approaching in a bus or other forms oftransport. A few who travel through private modes of transport cannot be privileged over the rest. TheCourt accordingly directs the Govt. of NCT of Delhi, the Delhi Police and the Northern Railways tocoordinate and ensure smooth functioning of the plan whereby DTC and other buses in the cluster systemthat are pennitted to operate on DTC routes are allowed entry into the Old Delhi Railway Station. Whilecollecting data the concerned agency may take into consideration all the relevant parameters, including theaverage time spent by each bus, the number of passengers alighting from the buses or going into buses,after leaving the Railway Station and such like information which would be necessary for an assessmentof the pilot project. While working out the plan, it is open to the Delhi Police and the other concernedagencies including the DTC to suggest a waiting period for the buses. Temporary sites for passengers toboard the buses at the station may also be earmarked. Ms. Tewatia, learned counsel for the MCD statedthat the Dangal Maidan, i.e. the ground opposite the station, has been vacated and has by an Office Orderbeen earmarked for the exclusive use by buses with effect from 3rd May, 2012. In view of this develop-ment, the Delhi Police and other concerned agencies tasked with the duty of implementing the UTTIPECproposals and the directions of the Court shall make optimal use of the said open space in the DangalMaidan for bus parking and to facilitate use of the vehicles by the passengers, who have to cross the roador who alight in order to get into the station from the opposite end of the road.

7. DRM (Railways), Delhi Division will for the above purpose, convene a meeting of theconcerned officials of the Govt. of NCT of Delhi, the MCD, the DTC and the Delhi Police in the firstinstance on 6th June, 2012 and ensure that steps are taken to implement the plan within the time frameindicated hereinabove.

Registration of cycle rickshaws

8. After hearing all the parties, the Court is of the opinion that the MCD should with utmostexpedition start registering cycle rickshaws plying in the city. For this purpose :

the form proposed by the MCD on the record (at page 1184 of the paperbaokshall be utilized with certain modifications, suggested hereafter. The form which will betitled “Application for Registration of NMV” will be made available free of charge andalso placed on the internet so that it can be downloaded and printed. Also, sufficientnumber of copies shall be made available by the MCD at its Citizen Service Bureau(CSB) counters registration counters. The MCD should make adequate arrangements forthe digital photographs and the recording of index fingerprint of the applicants as is done inthe case of applicants for MV licences.

[ 139 (N) ]

Proof of residence should not be insisted upon, having regard to the economicstrata of the applicants and also the fact that most of them may not possess any proof ofresidence.

The MCD shall also not insist upon the proof of purchase of cycle rickshaw,having regard to the fact that in many cases, these are assembled and receipts would behard to come by. Insistence on document is irrelevant. Ms. Tewatia, learned counsel forthe MCD has assured that the registration certificate in respect of the cycle rickshawwould be issued within two days of the duly filled form being submitted.

Licence for cycle rickshaw pliers

9. So far as the application by the cycle rickshaw plier for licence, the form suggested by theMCD at page 1182 of the pleadings shall form the basis. However, as in the case of the application forregistration of NMVs, furnishing of proof of residence shall not be insisted upon and the form shall beprovided free of charge. Infonnation regarding experience of driving a cycle rickshaw, knowledge of thetraffic rules and about any disease that the applicant is suffering from are irrelevant and should not beinsisted upon. Here too, the MCD assures the Court that license would be issued within two days of theapplication being launched. As far as the insistence by the MCD of the disclosure as to whether anapplicant has been convicted for any offence is concerned, the Court notices that this is based on aprevious understanding of the Bye-laws which were framed in 1960. The Court is of the opinion that thereis some inherent bias against those who apply for cycle rickshaw registration or licence. The informationthat is sought from those who apply for MV licences in terms of Rule 14 of the Motor Vehicles Rules isabout previous conviction under the Motor Vemcles Act, 1988 but not generally about all convictions. Inthese circumstances, calling for these particulars from an applicant for a cycle rickshaw licence is notrelevant and should not be insisted upon.

Fees and parking charges

10. MCD shall take a decision for fixing one-time registration fee for registration of the NMV.The registration shall remain valid for a period of five years. As regards the fee for licence, it shall becollected on three-yearly basis or for longer duration as may be decided by the MCD. However, it shall beensured that the licence fee is commensurate with the nature of the vehicle and the economic strata of theapplicants.

11. One major area of concern for cycle rickshaw owners and pliers is complete absence ofparking areas. Ms. Tewatia stated on instructions that certain areas for this purpose have been earmarkedin each zone. However, these are to be formally notified and permitted to be used for parking of NMVs.The MCD is directed to take immediate and expeditious steps to designate the NMV parking areas andannounce the roles for their use.

12. Apart from the above, the Court is further of the opinion that the MCD may collect one-timeparking charges at the time of grant of NMV registration so as to or reduce the scope of harassment ofthe NMV owners and/or Pliers.

Redrawing of the forms

13. The fonn of the application for registration of NMVs as well as the form for application forlicence shall be redrawn on the above basis and placed before the court by the MCD on the next date.The inputs provided and the forms suggested by the Petitioner may also be taken into consideration by theMCD for this purpose. The forms will indicate what the fees to be collected for registration, licence andparking. They will contain instructions to the applicants to facilitate quick processing of the applications.The forms will be rolled out after approval by the Court.

[ 140 (N) ]

CONT. CASE (C) 564/2010

14. This Court has considered the submissions on behalf of the petitioners and the MCD. Thepetitioners have also filed two reports dated 2nd May and 24th May, 2012. Ms. Tewatia referred to aCircular dated 25th April, 2012 and submitted that instructions have been issued by the MCD to ensurethat no cycle rickshaw owner or plier is harassed in any manner and that after 1st May, 2012 no NMV hasbeen seized or impounded as is being alleged.

15. On the other hand Ms. Unninayar, learned counsel for the writ petitioners, highlighted thesystematic harassment of the cycle rickshaw owners and pliers. The video clippings produced by thePetitioners and played in the Court prima facie reveal that there is a prevalent practice of illegal seizuresby MCD officials of NMVs/rickshaws, their storage in illegal ‘yards’, extraction of money from the pliersas ‘passing’ fee etc.

16. Video clips pertaining to an incident which occurred on 28th April, 2012 involving oneMr. Dhanik Lal were also played in the Court. Mr. Dhanik Lal is stated to have lost 90 of his 120rickshaws to illegal seizures/confiscations by the MCD officials. The allegation pertaining to the incidentwas that one of the cycle rickshaws of Mr. Dhanik Lal was illegally confiscated by two MCD employees,Arvind and Devender and in relation to that incident Mr. Dhanik Lal had initially filed a complaint withPolice Station (P.S.), Rohini South, alleging harassment by the said two MCD employees. Later the MCDis alleged to have filed a complaint with P.S. Keshavpuram alleging that Mr. Dhanik Lal and two of themembers of the Petitioner organisation had ‘stolen’ a rickshaw from MCD’s yard. This led to their beingpicked up by the police. A video clip was played in Court which showed the intervention by Ms. MadhuKishwar with the SHO at P.S. Keshavpuram to get them released. Ms. Kishwar informed the Court that afew days later policemen from P.S. Keshavpuram prevailed upon Mr. Dhanik Lal and that on 4th May,2012 he withdrew his complaint. She alleged that Mr. Dhanik Lal had gone missing ever since.

17. This Court directed Mr. Pawan Varma the learned Standing Counsel for the Govt. of NCT ofDelhi to make enquiries. He obtained the relevant file from the concerned P.S. SHO, PS Rohini South—Sh. Jai Prakash—who is also present. It was submitted that Mr. Dhanik Lal is indeed in Delhi. Mr.Varmaassured that on the basis of the facts revealed in Court, an FIR would be registered as it prima facieappeared to disclose a cognizable offence. In these circumstances, the Govt. of NCT of Delhi is directedto take suitable action immediately and investigate the matter. During the course of investigation, thestatements of all necessary witnesses, including Mr. Dhanik Lal and members of the petitionerorganisation, who was present at that time, shall be recorded. The video clips shown in the Court shall alsobe handed-over to the Delhi Police for investigation. After completion of investigation, the police shall takenecessary action and file the report before the concerned Magistrate in accordance with law.

Inquiry into complaints of NMV pliers

18. As far as the allegations of widespread and systematic illegal activities of some sections of theMCD is concerned, this Court is of the opinion that the same cannot be left at that and that some enquiryis necessary. Since these complaints have arisen in tlhe course of contempt proceedings filed by the writpetitioners seeking implementation of the judgment which had declared illegal the confiscation andimpounding of cycle rickshaws, they assumes seriousness.

19. To enquire into these allegations by NMV owners and/or pliers, the Court appoints Mr. BharatBhushan, a retired Additional District Judge as Enquiry Officer (EO). The District Judge-in-charge, SaketCourts is here by requested to make available to the EO any appropriate space in the Saket District CourtsComplex to facilitate the enquiry. The scope of the enquiry will be to examine the veracity of thecomplaints made by the NMV owner/pliers of harassment and violation of the Court’s judgment andorders, identify and fix responsibility on the concerned officials of the MCD, the Delhi Police and anyother agency involved, and to suggest measures to bring about effective enforcement of the Court’sdirections issued from time to time.

20. It is clarified that the incident involving Mr. Dhanik Lal, including the complaint made by himto the P.S. Rohini South and the complaint against him and the members of the Petitioner organisation in

[ 141 (N) ]

the Keshavpuram P.S. will not form part of the enquiry by the EO as that would be investigated separatelyby the police.

21. A complete set of the contempt petition paperbook including the pleadings shall be provided tothe EO by the Registry within two weeks. The EO shall examine the complaints by the other NMVowners/pliers some of whom have already filed affidavits in these proceedings. The EO shall have publicnotices issued, at the cost of the MCD, about the enquiry proceedings and grant two weeks’ time for thefiling of further complaints/affidavits by NMV owners/pliers and a further period of two weeks for repliesthereto by the concerned agencies. The EO shall be free to record the statements of all the relevantwitnesses and take on record the necessary documents. The MCD, Delhi Police and other agencies andthe Petitioner organisations shall extend their full cooperation to the EO in the enquiry. The EO shall befree to inspect any sitest take photographs and record videos of places and depositions of persons on oathas deemed necessary.

22. The remuneration payable to the Enquiry Officer shall be Rs. 2,00,000/- to be shared equallyby the Govt. of NCT of Delhi, the MCD and the Delhi Police. 50% of the fee shall be paid to the EOwithin four weeks and the balance on the conclusion of the enquiry. The MCD and the Delhi Police shallarrange for the transport for the EO. While minimal infrastructural support in terms of staff and facilitiesshall be provided by the District Judge, Saket, the Delhi Police and the MCD will share equally theexpense of the secretarial and other staff as may be engaged by the EO. In case any clarification isrequired in this regard, the EO and the parties are at liberty to apply to the Court. The EO shall devise hisown procedure and furnish a report within a period of four months from today.

Directions to the DLSA

23. This Court is further of the opinion that there is a need to put in place an effective legalredressal mechanism for the NMV owners/pliers who may face harassment. The Court has had thebenefit of the suggestions of Ms. Asha Menon, Secretary Delhi Legal Services Authority (DLSA) towhom notice was issued on the previous date. She informs the Curt that the DLSA has trained para legalvolunteers whose services could be utilized in conjunction with the panel lawyers of the DLSA. The paralegals can be contacted through the Samajik Suvidha Kendras (SSK)—a community based programme ofthe Govt. of NCT of Delhi—which has a wide network of centres in the NCT of Delhi. The DLSA willissue suitable instructions to the para legal volunteers at the SSK centres to extend assistance to an NMVowner/plier who has a complaint to register with the police. The para legal attached to an SSK will contactthe panel lawyer of the DLSA or the nearest District Legal Services Committee and assist in the owner/plier lodging his complaint with the police and help him follow up the complaint. If there is inaction by thepolice, or it is otherwise felt necessary, legal assistance will be provided to the NMV owner/plier toinstitute proceedings under Sections 156(3) or 200 Cr.PC. The Petitioner organisations will coordinate withthe DLSA in giving adequate publicity to the above scheme of legal assistance among the NMV owners/pliers.

24. List on 27th July, 2012 at 3 p.m.

25. Order dasti to the parties under the signatures of the Court Master. A certified copy of thisorder be delivered forthwith to Mr. Bharat Bhushan, retired ADJ, the District Judge-in-charge, SaketCourts Complex.

S. RAVINDRA BHAT(JUDGE)

S. MURALIDHAR(JUDGE)

JUNE 2, 2012‘ajk’

[ 142 (N) ]

ANNEXURE ‘A’

Copy of Resolution No. 217 of the Ordinary December (1997) Meeting of the Corporationheld on 1-12-1997

ANNEXURE ‘I’

Item No. 4 :— policy regarding Cycle Rickshaws in Delhi.

(i) Commissioner’s letter No. V.O./3929/C&C dated 15-10-1997.

A Special Meeting was held on 19-5-1997 under the Chairmanship of Chairman, StandingCommittee to look into matter with regard to the problem of cycle rickshaws. This meeting was attendedby all the Deputy Municipal Commissioners, Chairmen of the Wards Committees and Members of theStanding Committee.

2. A Sub-Committee was accordingly constituted under the Chairmanship of Deputy Chairman,Standing Committee to look into all the aspects of the matter. The following were memebers of theSub-Committee :—

1. Dr. Narender Nath, Member

2. Smt. Satya Sharma, Member

3. Sh. Vijay Pal Singh, Member

4. Sh. Ved Prakash, Member

The recommendations/suggestions of the Sub-Committee are placed at Annexure ‘A’.

3. The case may, therefore, be placed before the Standing Committee for taking a policy decisionin the matter.

ANNEXURE ‘A’

Subject :— Policy regarding Cycle Rickshaws in Delhi.

After framing Cycle Rickshaw Bye-laws, 1960, policy decision have been taken from time totime with regard to licensing of cycle rickshaws and their implementation. In the year 1993, CycleRickshaw Bye-laws were amended vide Corporation Resolution No. 3210/GW/Corpn. dated 14-9-93 andNo. 3432/GW/Corpon. dated 1-12-1993 and the following categories were inroduced for the grant oncycle rickshaw hcence. The annual fee charged is also shown against cash of the categories :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. No. Type of Licences/Categories Amount Fee (Rs.)––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Owner-cum-Puller (in case of single owner) 25.00

2. Joint Owner-cum-Puller (maximum three persons 20.00 from each licenceon single cycle rickshaw)

3. Drivers or Pullers of cycle rickshaw and not owner thereof 25.00

4. Cycle Rickshaw licence fee from owners, whoare not himself the puller

5. Widow and Handicapped 25.00––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

[ 143 (N) ]

2. It was also decided that 50,000 cycle rickshaw licences be granted in the jurisdiction of theMCD and their Zone-wise break-up along with colour scheme is as under :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

S. No. Name of the Zone No. of licences Colour Scheme––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Shahdara (South) Zone 9000 Yellow2. Shahdara (North) Zone 9000 Pink3. City Zone 4000 Violet4. Karol Bagh Zone 1000 Blue5. West Zone 7000 Red6. Najafgarh Zone 4000 Light Grey7. Narela Zone 4000 Indigo8. South Zone 1000 Orange9. Central Zone 1000 White

10. Civil Lines Zone 5000 Green11. Rohini Zone 4000 Cream12. Sadar Paharganj Zone 1000 Black

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. To deal effectively with the cycle rickshaw problem, Standing Committee discussed thismatter in its Special Meeting held on 19-5-1977 under the charimanship of Chairman/Standing Committee,which was attended by Chairmen/Ward Committees and all the DMCs and accordingly Chariman/Standing Committee constituted a Sub-Committee under the chairmanship of the undersigned to look intoall the aspects of the matter. Accordingly, the meeting of the Sub-Committee was held on 10-7-97 and allthe points discussed in the Special Meeting of the Standing Committee were sent to the Zones to sendtheir recommendations/suggestions, after consulting with their Chairman/Ward Committees and thereports/recommendations received from the Zones are placed opposite in the file.

4. The recommendations/suggestions made by the Chairmen/Ward Committees and afterdiscussing/considering all the points with the Members of the Sub-Committee, Councillors, Sub-Committeegives the following recommendations to the Chariman/Standing Committee for taking a policy decision :—

1. One Model of cycle rickshaw be not prepared in accordance with the specifications of theBye laws and be kept/displayed at Town Hall.

2. 100% licences be increased in each zone except South Zone.

3. Number plates be fixed on the back of the licensed cycle rickshaw to whom licences aregranted, indicating therein the cycle rickshaw frame number, Hcences number along withthe year for which cycle rickshaws have been passed and the size of the plate should be12'' x 6'' which may be quite visible. The cost of the Polaroid licences as well as thenumber plate, which will be fixed on the back of the cycle rickshaw will be have to beborne by the licencee.

4. Old licencees will apply afresh for grant of cycle rickshaw licences and old licencees willbe given preference.

5. Licencees of owners will be issued only on production of Ration Card and LicensingAuthority will make an entry to this effect in the Ration Card.

6. Puller will keep the original puller licence and also photocopy of the cycle rickshawlicence of the owner/widow/handicapped while pulling the cycle rickshaw.

[ 144 (N) ]

7. Licensed cycle rickshaw of owner-puller can be plier either by the owner-puller himself orby a licensed puller.

8. Licence fee cycle rickshaw as well as cycle rickshaw trolley be charged @ Rs. 50/- perannum.

9. DMCs can recommend, in consultation with the Chairmen/Ward Committee to the TrafficPolice for Notification/Identification of the picking-up/haulting places for cycle rickshaws.

Sd/-

(MRS. MEERA AGGARWAL)Chairperson of the Sub-Committee

(ii) Resolution No. 204 of the Standing Committee dated 22-10-97.

Resolved that it be recommended to the Corporation that the recommendations/suggestions ofthe Sub-Committee placed at Annexure ‘A’ to Commissioner’s letter No. F. 33/V.O./3929/C&C dated15-10-97, regarding Cycle Rickshaws in Delhi, be approved.

Resolution No. 217 Resolved that as recommended by the Standing Committee vide its ResolutionNo. 204 dated 22-10-97, recommendations/suggestions of the Sub-Committee placedat Annexure ‘A’ to Commissioner’s letter No. F. 33/V.O./3929/C&C dated 15-10-97,regarding Cycle Rickshaws in Delhi, be approved.

ANNEXURE ‘C’

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM No. 18051 of 2012 in W.P.(C) 4572 of 2007

MANUSHI SANGATHAN, DELHI ........... Petitioner

Versus

GOVT. OF DELHI AND ORS. ...... Respondents

Appearance :—Ms.Indira Unninayar with Mr. Narayan Krishan,Advocates for Petitioners in WP (C) 4572 of 2007.Mr. Najmi Waziri,.Standing Counsel with Mr. Rajiv Nanda,Addl. Standing Counsel, for GNCTD & Delhi Police.Ms. Madhu Tewatia, Advocate for MCD/Applicant in CM 18051 of2012 with Ms. Sidhi Arora, Advocate.

CORAM :

HON’BLE MR. JUSTICE S. RAVINDRA BHAT

HON’BLE DR. JUSTICE S. MURALIDHAR

JUDGMENT7-12-2012

CM No. 18051 of 2012 (for modification of order dated 2nd June, 2012 filed on behalf of theRespondent/MCD)

Background :

1. This is an application filed by Municipal Corporation of Delhi (MCD) seeking modification ofthe directions contained in paras 8 and 9 of the order passed by this Court on 2nd June, 2012.

[ 145 (N) ]

2. The background to this application is that in the judgment dated 10th February, 2010 of the FullBench of this Court in Manushi Sangathan, Delhi v. Government of Delhi 168 (2010) DLT 168 (herein-after ‘the Full Bench judgment’) this Court had inter alia held that under owner-plier policy and Bye-law3(1) of the Delhi Municipal Corporation Cycle Rickshaw Bye-laws 1960 (‘Cycle Rickshaw Bye-laws’)were arbitrary and void, and accordingly quashed them. Further, Clauses 4(k) and (1) of the MCD’s policyof 2007 and also Bye-laws 17(b) and 17-A of the Cycle Rickshaw Bye-laws to the extent they permittedconfiscation and scrapping of cycle rickshaws and mandated a continuing offence, prescribing specificsanctions, were held to be without authority of law and contrary to the Delhi Municipal Corporation Act1957 (‘DMC Act’).

3. Detailed directions were issued by the Full Bench to constitute a special task force to inter aliaexplore all the questions pertaining to road traffic in Delhi, for “ensuring equitable access to all classes ofvehicles that ply on the roads including non-motorized transport such as bicycles and cycle rickshaws.”The task force was asked to “review all aspects pertaining to traffic flow, registration of vehicles,restrictions in respect of vehicular movement (of all classes of vehicles—heavy, light, private, non-motorized) which would include review and consideration of all existing policies, and regulatory measuresand make such recommendations, as would promote the objectives of ensuring equitable access to allkinds of vehicles, minimizing harmful impact on the environment, smoothening the flow of traffic, and atthe same time accommodate the concerns of all interests”, By way of a continuing’ mandamus the FullBench directed listing of the petitions for monitoring the progress of implementation of its directionsperiodically.

4. Thereafter, during the hearing of these petitions the minutes of the meetings of the task forcewere placed for consideration. In the meanwhile, in S.L.P. (Civil) No. 19960 of 2010 filed by MCD againstthe Full Bench judgment, an order was passed by the Supreme Court on 8th November, 2011 noting that ithad already rejected MCD’s prayer for interim relief and requesting “the High Court to continue toeffectively monitor the implementation of the directions contained in the impugned order.” It must also benoted that the Supreme Court ultimately dismissed MCD’s said SLP on 2nd April, 2012.

5. Pursuant to the directions issued by the Court, Government of National Capital, Territory ofDelhi (‘GNCTD’) commenced a pilot project on the Dr. Shyama Prasad Mukherji Marg (‘SPM Marg’).Presentations were made before the Court by the Unified Traffic and Transportation Infrastructure(Planning and Engineering) Centre (‘UITIPEC’), an agency of Delhi Development Authority (‘DDA ‘), onthe basis of its Street Design Guidelines.

6. On 23M December, 2011, after reviewing the progress of the steps taken for executing thepilot project on SPM Marg, this Court noted that a separate lane bad been earmarked for the passage ofnon-motorized vehicles (‘NMVs’) and issued directions for deployment of Marshals by MCD incoordination with the Delhi Traffic Police. In its order dated 23rd December, 2011, this Court directedinter, alia as under :—

“(iv) The MCD shall submit a comprehensive ‘without prejudice’ plan for registration andlicensing of all existing cycle rickshaws in Delhi. The Court was informed that there areapproximately more than 600,000 cycle rickshaws plying within the city of Delhi. No freshlicence has been issued after 2007. The plan shall include all the material elements suchas the zones where the licensing officials can be posted, the appropriate license/registration fee to be collected and time within which the plan can be implemented.Counsel for the Petitioner agree that this would assist in ascertaining the number of cyclerickshaws plying and locating them zone-wise.”

[ 146 (N) ]

7. On the next date, 13th January, 2012, this Court after hearing learned counsel for thePetitioner as well as MCD issued inter alia the following directions regarding registration and licensing ofcycle rickshaws :

“The status report of the MCD reveals that by a Circular dated 2-1-2012, a scheme forthe registration/licenses of the cycle rickshaws throughout the city of Delhi has beenmade operational. The main judgment dated 10-2-2010 of this Court has held the owner-plier policy as well as the ceiling on registration and licensing of the cycle rickshaws areviolative of the DMC Act as well as provisions of the Constitution.

It would, therefore, be more appropriate that the MCD spells out in clearer terms thecriteria for registration of cycle rickshaws. We are informed that the MCD, the GNCTDand other authorities have proposed a draft legislation for the registration of cycle rick-shaw. Since MCD has agreed to it in principle, we commend it for implementation as aninterim measure till a final decision is taken in consultation with all the concerned partiesor a suitable legislative ftamework is brought in place. It is clarified that this Court did notintend to rise the terms ‘registration’ and ‘licensing’ interchangeably. While registrationwould pertain to the vehicle i.e. cycle rickshaw, license would be issued to the cyclerickshaw puller. The MCD will bear this in mind while Spelling out the policy and criteriafor registration and licensing. This be done in consultation with the authorities concerned.The petitioners will be free to offer their suggestions in this regard to the MCD which willtake them into account while formulating the policy and criteria for registration andlicensing.”

8. At the hearing on 2nd March, 2012 the following order was passed in relation to thecircular that had been issued by MCD on 14th February, 2011regarding registration and licensing of cyclerickshaws :—

“During the course of hearing, it was suggested by counsel for the parties that a jointinspection of the site would be carried out to identify any further obstructions or bottlenecks in the smoothoperation of the pilot project.

We are informed that MCD intends to issue license-cum-registration forms, for thepurpose of registration and licensing of cycle rickshaws. The petitioners have expressed seriousreservation on this score and contended that some of the information sought is irrelevant and objectionable.It is also contended that the policy of registration and annual licensing is contrary to the judgment of theFull Bench.

Having considered the Circular dated 14-2-2011, we are of the opinion that the MCD shouldnot proceed with its proposal till the next date of hearing.

List on 23rd March, 2012.”

[ 147 (N) ]

The June 2nd Order

9. The GNCTD convened meetings of the concerned agencies in which the Delhi Traffic Police,UTTIPEC, MCD and other authorities participated. On 2nd June, 2012, this Court passed a detailed orderon the issue of registration and licensing of cycle rickshaw pliers. Paras 8 and 9 of the said, order asunder :—

“Registration of cycle rickshaws

8. After hearing all the parties, the Court is of the opinion that the MCD should with utmostexpedition start registering cycle rickshaws plying in the city. For this purpose, the formproposed by the MCD on the record (at page 1184 of the paperbook shall be utilized withcertain modifications, suggested hereafter. The form which will be titled “Application forRegistration of NMV” will be made available free of charge and also placed on theinternet so that it can be downloaded and printed. Also, sufficient number of copies shallbe made available by the MCD at its Citizen Service Bureau (CSB) counters registrationcounters. The MCD should make adequate arrangements for the digital photographs andthe recording of index fmgerprint of the applicants as is done in the case of applicants forMV licences. Proof of residence should not be insisted upon, having regard to theeconomic strata of the applicants and also the fact that most of them may not possess anyproof of residence. The MCD shall also not insist upon the proof of purchase of cyclerickshaw, having regard to the fact that in many cases, these are assembled and receiptswould be hard to come by. Insistence on document is irrelevant. Ms. Tewatia, learnedcounsel for the MCD has assured that the registration certificate in respect of the cyclerickshaw would be issued within two days of the duly filled form being submitted.

Licence for cycle rickshaw pliers

9. So far as the application by the cycle rickshaw plier for licence, the form suggested by theMCD at page 1182 of the pleadings shall fonn the basis. However, as in the case of theapplication for registration of NMVs, furnishing of proof of residence shall not be insistedupon and the form shall be provided free of charge. Information regarding experience ofdriving a cycle rickshaw, knowledge of the traffic rules and about any disease that theapplicant is suffering from are irrelevant and should not be insisted upon. Here too, theMCD assures the Court that license would be issued within two days, of the applicationbeing launched. As fat as the insistence by the MCD of the disclosure as to whether anapplicant has been convicted for any offence is concerned, the Court notices that this, isbased on a previous understanding of the Bye-laws which were framed in 1960. TheCourt is of the opinion that there is some inherent bias against those who apply for cyclerickshaw registration or licence. The information that is sought from those who apply forMVlicences in terms of Rule 14 of the Motor Vehicles Rules is about previous convictionunder the Motor Vehicles Act, 1988 but not generally about all convictions. In thesecircumstances, calling for these particulars from an applicant for a cycle rickshaw licenceis not relevant and should not be insisted upon.”

10. Further, as regards the redrawing of the forms for the said purpose, this Court directed inpara 13 as under :—

“Redrawing of the forms

13. The form of the application for registration of NMVs as well as the form for applicationfor licence shall be redrawn on the above basis and placed before the court by the MCDon the next date. The inputs provided and the forms suggested by the Petitioner may alsobe taken into consideration by the MCD for this purpose. The forms will indicate what thefees to be collected for registration, licence and parking. They will contain instructions tothe applicants to facilitate quick processing of the applications. The forms will be rolledout after approval by the Courts.”

[ 148 (N) ]

11. Thereafter, there. were hearings of the petitions on 13th July, 27th July and 13th August, 2012.On 28th September 2012, the following directions were issued as regards registration and licensing ofNMVs:

“Registration and Licensing of NMV’s

Further to the order dated 2-6-2012, and the subsequent orders, this Court has beenshown by learned counsel for the MCD two forms—one for the registration of therickshaws and the other for issuance of licence to the NMV plier/owner.

This Court is of the view that MCD should commence the process of registration andissuance of licences as early as possible preferably from 1-11-2012. While, finalizing thefonns shown by it to the Court today, the MCD will consider the suggestions given by thepetitioners at pages 1600-1605 of the paper book (as part of the written submissions) and’in particular, those concerning the instructions to be printed on the reverse of the forms.These instructions will also be prominently publicized for the benefit of the proposedapplicants. It is clarified that the basic instructions should be in place when the process ofregistration begins.”

12. There were hearings held on 12th and 18th October, 2012. The present application was filedby MCD on 10th October, 2012 praying that paras 8 and 9 of the order dated 2nd June, 2012 (extractedhereinabove) should be modified.

The two issues in this application

13. There are two issues raised in this application. One is that the requirement of production of IDproof/residence proof by cycle rickshaw pliers for the purposes of registration or licensing should not bedispensed with keeping in view the security concerns and the possibility of an ‘untoward incident’. Thesecond is that there are separate Bye-laws made by the MCD in 1960 for thelas (hereinafter the ‘ThelaBye Laws’) which are in force and which were not the subject matter of challenge before the Full Bench.Under Bye-law 4 of the Thela Bye-laws, the requirement of a thela licence is mandatory. The said licenceis issued annually and is valid for a period of one year. MCD submits that inasmuch as the forms nowproposed stipulate the period of validity of thela licences and registration certificates as three years andfive years respectively, they are in contravention of Bye laws 4 and 8 of the Thela Bye-Laws.

14. In the reply filed by Manushi Sangathan it is pointed out that demand of residence proof fromrickshaw pliers for the purpose of issuance of a rickshaw puller licence is not feasible as rickshaw pliersare predominantly migrant labour who do not have the resources to either buy a rickshaw or rent anaccommodation. It is pointed out that they invariably sleep on the roadside or in their rickshaws or in cheaplow-rental accommodation in the jhuggi clusters. It is difficult for them to obtain an address proof. Further,the authorities can easily contaet the owner of the rickshaw for the whereabouts of the plier. As regardsthe Theta Bye-laws it is submitted that the definition of ‘rickshaw’ in the draft Delhi Non-MotorizedVehicles Bill, 2011 includes passenger rickshaw pulled by a cycle with three pneumatic cycle wheelspropelled with a chain and pedal, trolley rickshaw, hand pulled thetas or cycle-pulled mobile carts used forpublic transport or goods carriage. Under the Cycle Rickshaw Bye Laws, a cycle rickshaw is expected tocarry luggage up to 125 kgs. The stand of the Petitioners is that since a thela is simply defined as a vehiclefor the conveyance of goods pulled or propelled by one or more men, the order dated 2nd June, 2012 doesnot require to be modified or clarified.

[ 149 (N) ]

Requirement of residence proof

15. The first issue raised in this application concerns the requirement of a rickshaw puller havingto furnish proof of residence. This is purportedly based on security concerns and the possibility of an‘untoward’ incident. The Full Bench judgment recognized the right to livelihood of rickshaw pullers. Theuse of some of the provisions of the Cycle Rickshaw Bye-laws as an instrument of harassment of therickshaw pullers was adversely, commented upon. The Full Bench acknowledged that rickshaw pullersbelong to economically weaker sections of the society and have to invariably bear the brunt of policeexcesses as they constitute ‘soft’ targets. Rickshaw pullers by themselves can hardly constitute a securityrisk. The Full Bench observed that the power to impound cycle rickshaws and levy. heavy penalties did notinclude the power to seize, confiscate and destroy cycle rickshaw. The Full Bench noted: “we are notunmindful or the manner in which these wide powers were being exercised with cycle rickshaws beingeasy targets for unleashing the lathi of a traffic policeman. It is hoped that the Delhi Police will, consistentwith this judgment, instruct its personnel to treat rickshaw pullers with sensitivity.”

16. At the same time, as noted in the Full Bench judgment, rickshaws are indispensable forproviding link transport for the innumerable users of the public transportation system. Given theunprecedented growth of residential colonies, a large middle class population which commutes by buses,trains and the metro, is dependent on cycle rickshaws for the further journey to reach their homes andplaces of work from the bus, train and metro stations. In recognition of this fact, the Master Plan for Delhi2021 mandates pervasive use of non-motorised transport including cycle rickshaws.

17. The directions issued by the Full Bench in the above context were aimed at making it easy forrickshaw pullers to ply their vehicles and carry on their livelihood without fear of police harassment. It is insame vein that this Court required MCD to place before it a comprehensive registration and licensingpolicy. Forms were asked to be designed to facilitate easy registration of rickshaws and licensing of therickshaw pullers.

18. The insistence by the MCD on a rickshaw puller having to furnish proof of residence cannotbe justified if it is not proportionate to the need to ensure ‘security’ and ‘safety’ of the populace whichincludes the rickshaw pullers themselves. The said requirement would be unreasonable if it renderedillusory the protection and enforcement of the right to livelihood of rickshaw pullers.

19. At the hearing on 2nd June, 2012 there was discussion in Court about the requirement of proofof residence. The fact that many rickshaw pullers are migrants from other states and are unlikely to haveany proof of their residence in Delhi was taken note of Rickshaw pullers invariably would, if at all, have apermanent residence outside Delhi. It is not unlikely that rickshaw pullers are homeless, having to eithersleep on the rickshaw itself or use the city’s pavements for a night’s rest. The more fortunate ones may beable to find some space in a jhuggi cluster on a temporary basis. In the circumstances, the insistence onproof of residence from rickshaw pliers as a condition for the grant of registration or licence wouldundoubtedly cause them further harassment and create a barrier for them to obtain either.

20. Also, the rationale for the requirement of proof of residence as a security measure is that therickshaw puller should be easily located and the details of his residence verifiable. The proposed formsrequire the furnishing by the rickshaw puller of both his temporary as well as permanent address.Rickshaw pullers literally and figuratively live their lives in the ‘open’. It is not difficult for the police, if itmakes a concerted effort, to trace any rickshaw puller. The owner of the rickshaw can easiiy provide thecurrent whereabouts of the rickshaw puller.

21. For the foregoing reasons this Court rejects the prayer of the MCD that paras 8 and 9 of theorder dated 2nd June, 2012 should be modified insofar as they dispense with the requirement of applicantsfor registration of cycle rickshaws and for licensees having to furnish proof of residence.

[ 150 (N) ]

Thela Bye-laws

22. The MCD is, however, correct in its submission that there is a separate set of Bye-laws forthelas. The Thela Bye-laws were not brought to the notice of the Full Bench or even to this Court till thepresent application was filed by MCD. Why the MCD did not do so earlier is not clear.

23. The Cycle-Rickshaw Bye-laws defines a cycle-rickshaw as “a rickshaw attached to a cyclewith three pneumatic cycle wheels which is propelled with a chain and pendal in the manner of a bicycle”.Bye-law 4 sets out the dimensions of the cycle-rickshaw. Bye law 9 prescribes the “maximum number ofpersons and weight to be carried in cycle rickshaw”. A cycle-rickshaw is permitted to carry a load of 3½maunds i.e. up to 125 kgs, even when there is no passenger.

24. On the other hand, the definition of a thela under the Thela Bye-laws is “a vehicle for theconveyance of goods pulled or propelled by one or more men.” The condition for grant of licence isspecified in Bye-law 4 and the conditions of licence in Bye-law 8. The maximum load that can be carriedin a thela is 466 kgs. The Thela Bye-laws do, therefore, prescribe a separate regime for registration andlicensing of thelas. While the broad categorization of an NMV would include thelas, the Court has, in theseproceedings been concerned with the registration and licensing of cycle rickshaws as defined under theCycle-Rickshaw Bye-laws.

25. Consequently, this Court modifies its order dated 2nd June, 2012 and clarifies that the formsfor registration and licensing, as prescribed by MCD, in terms of the said order would apply to registrationand licensing only of cycle rickshaws as defined by the Cycle-Rickshaw Bye-laws.

26. CM No. 18051 of 2012 is disposed of in the above terms.

S. MURALIDHAR, J.

S. RAVINDRA BHAT, J.

DECEMBER 7th, 2012AK

NEW CASES

Item No. 78 :— Re-designation of the post of CA-cum-FA as Addl. Commissioner(Finance, Accounts and Planning).

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

As per Section 89(1) of the DMC Act, 1957, the appointment of a Municipal ChiefAccountant is a statutory requirement for the MCD. Over a period of time many changes have takenplace in the organization and functions of finance and accounts departments in the Government of India,which have been implemented in all Central Ministries in a phased manner. These reforms, implementedwith effect from April 1, 1976 as part of Departmentalization of Accounts, are aimed to bring about moreprofessional management of finance and accounting functions in the government.

With increasing delegation of powers to urban local bodies after 74th ConstitutionalAmendment in 1992 and subsequent decentralization in governance, it has become important that the

[ 151 (N) ]

finance and accounts system of the MCD is also restructured on professional lines keeping in view thealready existing structure of financial advice and accounting system in the ministries and other reforms.The complexities involved in financial management process, including budgeting, planning, procurement,monitoring and control of expenditure, revenue management, fiscal discipline and robust accounting systemhave increased manifold and need a specialized and integrated approach. After delegation of financialpowers in the ministries the officers are also designated as either Additional Secretary or Joint Secretaryand Financial Advisor depending upon their pay scale and seniority. The pay scale & seniority ofCA-cum-FA is Senior Administrative Grade which is also the pay scale of Joint Secretary. There is nochange in the pay structure of the post and, therefore, there will be no extra expenditure. The Departmentwas renamed as Department of Finance, Accounts & Planning vide O.O. No. PS/Secy./UD/2012/Pt.-1/502-08 dated 19-4-2012 issued under the signature of Director Local Bodies.

“The matter may be placed before the Corporation through Standing Committee for approvalof the following :—

1. The designation of Chief Accountant in North Delhi Municipal Corporation may be changedto Additional Commissioner (Finance, Accounts and Planning). The officer will beresponsible for Financial and Fiscal Management, Planning and Control, Accounting,Budgeting, financial advice and accounting system.

2. The Additional Commissioner (Finance, Accounts and Planning will be responsible forimplementing the reforms and Finance Advise system.

3. The Additional Commissioner (Finance, Accounts and Planning) will be responsible fortraining and development of finance and Accounts cadre of the MCD.

4. The Additional Commissioner (Finance, Accounts & Planning)) will perform any otherfunctions assigned to him/her by the competent authority.

Item No. 79 :— Upgradation/Strengthening of Pediatrics Department of KasturbaHospital.

Commissioner’s letter No. F. 33/Health/NDMC/431/C&C dated 14-1-2013.

Kasturba Hospital is one of the oldest women’s and children’s hospital of the North MunicipalCorporation of Delhi situated in the Jama Masjid area. It caters to the poorest population of the walled cityand adjoining Trans-Yamuna Area which are Muslim Minority inhabited areas.

In accordance with National Rural Health Mission and also to implement the Prime Minister’s15 points programme for the welfare of the minorities and to improve the access and availability of qualityof health care especially in the Urban Slums, JJ Colonies and Muslim Minority areas, upgradation &strengthening of the Pediatric department is essential.

The department of pediatrics, Kasturba Hospital takes care of more than 12000 newbornsdelivered at Kasturba Hospital every year. This department also takes care of a large number of Patientsattending OPD Services and those admitted for serious and critical conditions. It also runs a thalassemiaday care centre. In order to reduce the mortality & morbidity in neonates & children, HDU in Pediatricdepartment is urgently required. Hence 04 additional posts of Senior Residents and 2 posts of ICUTechnicians are to be created urgently.

The proposal has been examined and recommended by O & M Department.

[ 152 (N) ]

The details for expenditure for these posts will be as under : —

Senior Residents :

Pay Scale Gross Annual

Rs. 15600-39100 + 6100 Rs. 52,000/- Rs. 6,24,000.00

Total Expenditure for 04 S. R(s). Rs. 24,96,000.00

ICU Technicians :

Rs. 5200-20200 Rs. 15,000/- Rs. 1,80,000.00

Total Expenditure for 02 ICU Tech. Rs. 3,60,000.00

Grand Total Expenditure (i.e.(a) & (b) ) i.e.

Rs. 24,96,000.00 + Rs. 3,60,000.00= Rs. 28,56,000.00

(Rs. twenty eight lacs fifty six thousand only).

Budget provision exists under Plan Head of A/C XL-IV-C-(b)-III and proposal is coveredunder Action Plan 2012-2013.

Finance has concurred in the proposal.

The matter may be placed before North Delhi Municipal Corporation through StandingCommittee North Delhi Municipal Corporation for creation of the four(4) posts of Senior Residents andTwo(2) Post for ICU Technician.

Item No. 80 :— Administrative Approval & Expenditure Sanction for distribution ofuniform subsidy Rs. 500/- cash for uniform items to each child enrolled inClass-I to V studying in North Delhi Municipal Schools in the financialyear 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/284/C&C dated 21-11-2012.

Primary Education is an obligatory function of the Corporation under Section 42(r) of DMCAct, 1957. The aim of Education Department of MCD is to bring every child, in age group of 5 + to11 years, to school. The National Policy on Education, 1986 (Revised and enlarged in 1992) also laysemphasis on attaining the objective of Universal enrolment and retention of children and improvement inthe quality of Education in schools.

In order to motivate out-of-school children to get enrolled and also to retain them in the formalschooling system, the department has introduced several welfare schemes for the children studying in themunicipal schools. One such welfare scheme relates to provision of cash subsidy for Uniform Cloth(Suiting and Shirting), PVC Sole Shoes, Nylon Plain Socks & Jersey (Acrylic-Navy Blue Colour) to allchildren studying in municipal primary schools of North Delhi Municipal Corporation. As the childrencoming to municipal schools are predominantly from low socio-economic strata, such welfare schemesplaya very positive role in improving enrollment of children, retention and bringing down the drop-out rateof students in municipal schools.

[ 153 (N) ]

The provision of funds for uniform subsidy @ Rs. 500/- in cash has been made by MHRDthrough Govt. of NCT of Delhi to be disbursed to the parents of the children for school Uniform (Suitingand Shirting), PVC Sole Shoes, Nylon Plain Socks & Jersey (Acrylic-Navy Blue Colour).

The department proposes to provide cash subsidy @ Rs. 500/- per child for uniform to all thestudents studying in the primary schools of North Delhi Municipal Corporation in the Classes-I to V for thecurrent financial year on analogy with the policy of cash subsidy for uniform adopted by the Dte. ofEducation, Govt. of NCT of Delhi for students studying in the schools of Dte. of Education.

The disbursement of the subsidy is to be done by the zonal authority out of Plan funds to beallocated to each zone on the basis of the enrolment of students in municipal schools as on 31-8-2011.Zone wise enrolment of children as on 31-8-2011 and allocation of funds is proposed as hereunder :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Zone Total No. of Zone-wiseNo. students from allocation of

Class-I to V amount (in Rs.)––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. City 9288 46,44,000/-

2. S.P. 13845 69,22,500/-

3. Karol Bagh 43650 2,18,25,000/-

4. Civil Line 108680 5,43,40,000/-

5. Narela 72848 3,64,24,000/-

6. Rohini 133470 6,67,35,000/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total : 381781 19,08,90,500/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

The funds as proposed to be allocated above to the zonal DDEs/ADEs shall be disbursed bythem to the Heads of all schools for further disbursement to the parents of the students. Proper records ofdisbursement of the uniform subsidy shall be maintained by each of the heads of the schools. VidyalayaKalyan Samities shall be associated with the work of disbursement of cash subsidy to children in allschools. However, the disbursement of cash subsidy shall be provided in advance and shall be confined tothe actual number of children studying in each school at the time of disbursement.

There is a provision of funds for disbursement of uniform subsidy to the students of municipalschools under the Plan Head of Account XL-II-G-II for current financial year 2012-2013.

CA-cum-FA has seen and concurred in the proposal with the condition that the advancedrawn are adjusted within the stipulated time/period as per the conditions of GFR and that further advancewill not be made/provided to those zones up till they adjust the early advance drawn by them.

It is also pointed out that an anticipation approval of the Hon’ble Mayor routed throughChairman, Education Committee & Chairman, Standing Committee has already been obtained.Accordingly, funds have been allocated to zonal DDEs/ADEs for onwards distribution to the childrenenrolled in Classes-I to V in North DMC schools.

[ 154 (N) ]

It is, therefore, proposed that :

(a) Expenditure sanction of an amount of Rs. 19,08,90,500/- out of the Plan Head of A/cXL-II-G-II (2012-13) along with permission to draw the amount as an advance by thezonal Deputy/ Assistant Directors of Education through Zonal Dy. Chief Accountant/Asstt. Chief Accountant for disbursement to the students of municipal schools of NorthDelhi Municipal Corporation enrolled in Class-I to V may be accorded.

(b) To incur expenditure and to draw advance for an additional amount of 10% on account ofincrease in enrolment of children during the current academic session, if need arises.

The above proposal may be placed before the Corporation routed through the EducationCommittee & Standing Committee for Administrative Approval & Expenditure Sanction as per (a) & (b)above as an item of Urgent Business.

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

Resolved that it be recommended to the Corporation through the Standing Committee that asproposed in the Commissioner’s letter No. F. 33/Education/NDMC/284/C&C dated 21-11-2012 thatadministrative approval and expenditure sanction to Rs. 19,08,90,500/- as an advance under the plan Headof A/c XL-II-9-II (2012-2013) for distribution of uniform subsidy @ Rs. 500/- cash for uniforms items toeach child enrolled in Class-I to V studying in Schools of North Delhi Municipal Corporation during thefinancial year 2012-2013, be accorded. And also administrative approval and expenditure sanction to drawadvance for an additional amount of 10% on account of increase in enrolment of children during thecurrent academic session, if need arises, be accorded.

Item No. 81 :— Proposal for administrative approval and financial concurrence regardinggiving incentive of Rs. 200/- to each girl child of Classes-I to V studyingin North DMC Primary Schools during the year 2012-13.

(i) Commissioner’s letter No. F. 33/Edn./NDMC/310/C&C dated 29-11-2012.

The constitution of India provided fair opportunity to each and every citizen for growth anddevelopment irrespective of caste, creed, sex and religion. However, empirical evidence over a periodshows that fair sex could not keep pace with their counterpart in the field of education because of variousfactors attributable to it such as illiterate parents, social customs, superstitions, economic conditions etc.There have been unfortunately large drop-outs among girls, MCD has envisaged a holistic scheme byproviding financial support as an incentive to the girl student studying in MCD schools so that they aremotivated to continue schooling. For this purpose, an amount is earmarked in non plan Head of Account25/1028 for the year 2012-13.

In this connection, it is submitted that last year i.e. 2011-12 an amount of Rs. 9,37,12,200/-was allocated to 12 zones for distribution of girl child incentive @ Rs. 200/- to each girl child studying inMCD schools.

[ 155 (N) ]

Accordingly, an incentive of Rs. 200/- per girl child will be provided to all the girl studentsstudying in Class-I to V in North DMC(six zones) Schools in the year 2012-2013 as per data provided byplan branch as on 31-8-2011 is summarized below :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Name of Approx. No. of Student Amount @ Rs. 200/-No. Zone (from Class-I to V) per girl child

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––1. City 4330 8,66,000/-

2. S.P. Zone 6551 13,10,200/-

3. K.B. Zone 21236 42,47,200/-

4. Civil Line 55296 1,10,59,200/-

5. Narela 36291 72,58,200/-

6. Rohini 66954 1,33,90,800/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total 190658 3,81,31,600/-––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(Rs. three crore eighty one lacs thirty one thousand six hundred only).

It will be ensured that no double payment is made. In case of transfer of student from oneschool to another, Principals will be instructed accordingly to endorse the payment details on transfercertificate. Zonal DDE, s/ADE, s will draw the amount in advance through their respective DCAs/ACAsand disburse it to all girl students through Principals and Teachers working in the Schools. Proper record ofdistribution of funds shall be maintained by the schools. Signatures of the parents will also be taken whilegiving the amount to the girls. Expenditure will be incurred out of the Non Plan Head of Account 25/1028.The advance drawn will be got adjusted by the respective DDE, s/ADE, s within fixed period prescribed inGFR.

Finance has seen and concurred in the proposal.

The proposal for giving incentive of Rs. 200/- to each girl child of Classes-I to V studying inNorth DMC Primary Schools in year 2012-13 amounting to Rs. 3,81,31,600/- (Rs. three crore eightyone lacs thirty one thousand six hundred only), out of Non Plan Head of A/c 25/2008, may kindly beplaced before the Corporation routed through Education Committee and Standing Committee for approvalas an item of Urgent Business.

(ii) Resolution No. 29 of Education Committee dated 19-12-2012.

Resolved that it be recommended to the Corporation through the Standing Committee that asproposed in the Commissioner’s letter No. F. 33/Education/NDMC/310/C&C dated 29-11-2012 thatAdministarive approval amounting to Rs. 3,81,31,600/- out on non-plan Head of A/c 25-2008 for givingincentive of Rs. 200/- to each girl child of Classes-I to V studying in North Delhi Municipal CorporationPrimary Schools during the year 2012- 2013 on the terms and conditions mentioned in aforesaid letter, beaccorded.

[ 155 (N) ]

Proposed Recruitment Rules for the post of Laundary Officer/Supervisor, LNJPN Hospital in the pay scale of Rs. 650-1200(Rs. 2000-3500) in the Institutions under Delhi Administrative Delhi

——————————————————————————————————————————————————————————Name of the No. of Classification Scale of Whether Age limit Educational Whether age Period of Method of In case of If a DPC Circumstances

post of pay selection for and other and educational probation rectt. whether rectt. by exists, in whichpost post or direct qualifications prescribed for if any by direct promotion what is UPSC to be

non- recruit- required for direct recruits or by deputation/ the consulted inselection ments direct will apply in promotion/or transfer comp- making

post recruitments the case of by deputation, grades from osition recruitmentpromotion transfer and which

percentage of promotion/the vacancies deputation/

to be filled transfer toby various be mademethods

——————————————————————————————————————————————————————————1 2 3 4 5 6 7 8 9 10 11 12 13

—————————————————————————————————————————————————————————— 1. Laundary One General Rs. 650- Non Below Essential Age–No One By promotion — Group-B For direct

Officer/ Central 1200/- selection 40 years qualification :— Educaitonal years failing which DPC recruitment Supervisior Services (Revised 1. Matric or Quali- by direct only

2000/- equivalent fications—Yes recruitment3500/-) from recong-

nised universityor Board.

2. I.T.I. Certificatein the trade ofGeneral FitterDiesel EngineMachineElectrician orAuto Machine.

3. Not less than10 years exp.in a supervisorcapacity in theGovt. HospitalLaundryengaged inSteam laundryprocess,MechanicalLaundryequivalent suchas washer Hydre-extrator,Drying Tumbleretc.

[ 156 (N) ]

——————————————————————————————————————————————————————————1 2 3 4 5 6 7 8 9 10 11 12 13

——————————————————————————————————————————————————————————Desirable :—

1. Grade-II from arecogniseduniversity.

2. Experience inDry. cleaningand Launderingby Machines.

3. Experience inHandling largenumbers ofworkers andmaintenance ofjaccounts.

From Linen & Laundary Supervisor in the pay scale of Rs. 1640-2900 with 5 years experience andprocessing the educational qualifications prescribed direct recruitment under Colomn No. 7.

—————————————————————————————————————————————————————————–

NORTH DELHI MUNICIPAL CORPORATION No.__________________________ Dated:_______________ From: The Commissioner, North Delhi Municipal Corporation. To: The Municipal Secretary, North Delhi Municipal Corporation. Subject: Framing of guidelines/criteria for registration of Non-

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

In the unified MCD, a zone-wise ceiling/limit for grant of 99,000 cycle

rickshaw licenses was fixed to be granted by the Corporation vide its

Resolution No.217 dated 01.12.1997 (ANNEXURE-A) in all its entire

jurisdiction of 12 Municipal Zones and accordingly 89,429 cycle rickshaw

licenses were issued as per Cycle Rickshaw Bye-laws, 1960 (amended in the

year 1994).

2. The Hon’ble High Court of Delhi vide its Order dated 10.02.2010 while

constituting a Special Task Force headed by the Chief Secretary, GNCTD to

explore all the questions pertaining to road traffic in Delhi with the objective

of minimizing congestion, reducing pollution levels of motor vehicles and

ensuring equitable access to all classes of vehicles that ply on the roads

including non-motorized transport such as bicycles and cycle rickshaws etc.

held that the restriction or cap imposed by MCD in respect of cycle rickshaw

licenses which can be issued is declared as arbitrary and Clause 4 (k) and (l)

of the impugned policy of 2007 and Bye-law 17(b) and 17-A of the 1960

Bye-laws to the extent they permit confiscation and scrapping of cycle

rickshaws and mandate a continuing offence prescribing specific sanctions

are without authority of law and contrary to the Delhi Municipal Corporation

Act, 1957. However, provision of Bye-law 17 (a) of the Cycle Rickshaw Bye-

laws, 1960 to impose of a penalty which may extend to Rs.50/- whoever

contravenes any provision of any of the bye-laws 3,5,6,7,8,10,11 or 13 as

per Bye-law No.17 of the Cycle Rickshaw Bye-leas, 1960 has been kept

alive.

::-2-::

3. Subsequently, the Hon’ble High Court of Delhi vide its orders dated

02.06.2012 (ANNEXURE-B) passed in CWP No.4572/2007 has, however,

issued directions to the MCD for registration of all cycle rickshaws and

licensing of pullers/pliers thereof and to take a decision for fixing one-time

registration fee/parking charges for registration of the NMVs. The

registration shall remain valid for a period of five years. As regards the fee

for plier/puller license, it shall be collected on three-yearly basis or for longer

duration as may be decided by the MCD.

4. The Hon’ble High Court of Delhi vide its subsequent order dated

07.12.2012 (ANNEXURE-C) directed that the inputs provided and the forms

suggested by the petitioner may also be taken into consideration by the MCD

for the purpose of redrawing of the application forms for registration of

MNVs and licensing of pullers/pliers thereof. The forms will indicate what the

fees to be collected for registration, license and parking which will contain

instructions to the applicants to facilitate quick processing of the

applications. The Hon’ble Court further clarified that these forms would apply

to registration and licensing only of cycle rickshaws as defined by the Cycle

Rickshaw Bye-laws.

5. Accordingly, taken into account the inputs provided by the petitioner,

application forms for registration of cycle rickshaws and licensing of

pullers/pliers have been attempted which are annexed herewith as

ANNEXURE-D & ANNEXURE-E respectively.

There shall be a registration fee of Rs.500/- (valid for five years) &

parking fee of Rs.500/- (one time) whereas the licensing fee to be charged

for grant of puller/plier license shall be Rs.150/- (valid for three years) which

has also been indicated on the top of the Application Forms containing

instructions overleaf thereof as directed by the Hon’ble High Court of Delhi.

The details about it are as under:-

Category Fee as per

existing Policy. Fee suggested by the Petitioner

Fee proposed by the department

Registration of Cycle Rickshaw

Rs.50.00 per annum

Rs.400.00 (for five years)

Rs.500.00 (for five years)

Parking fee Nil Rs.100.00 (one time)

Rs.500.00 (one time)

Cycle Rickshaw Puller/plier

Rs.25.00 per annum

Rs.100.00 (for three years)

Rs.150.00 (for three years)

::-3-::

6. It is added that an Application was moved before the Hon’ble High

Court of Delhi in the instant matter by the North DMC thereby requesting the

Hon’ble Court to kindly get the proof of residence as mandatory for the cycle

rickshaw pullers/pliers and only then the registration and license of NMVs

shall be undertaken by the Civic Body. The Hon’ble High Court vide its order

dated 07.12.2012 has, however, dismissed such application since moved by

North DMC.

However, taking into account legal advice given by Ms. Madhu

Tewatia, Advocate & Chief Law Officer, North DMC, a Special Leave Petition

(SLP) has been preferred before the Hon’ble Supreme Court of India with

reference to insisting on ID and address proof while issuing license and

registration of cycle rickshaws.

In order to ensure compliance of the aforesaid directions passed by

the Hon’ble High Court of Delhi & to avoid any adverse directions, the matter

may be placed before the Corporation, routed through Standing Committee

to accord approval so as to undertake the process of registration of cycle

rickshaws and licensing of rickshaw pullers/pliers plying within the

jurisdiction of the North DMC on realization of registration fees/parking

charges for cycle rickshaws & license fee for cycle rickshaw puller/plier as

proposed under para (5) hereinabove & in accordance with the

terms/conditions placed on the overleaf of the Application Forms and in the

light of the provisions of the Cycle Rickshaw Bye-laws subject to final

outcome of the Special Leave Petition (SLP) preferred before the Hon’ble

Supreme Court of India on the issue of ID and address proofs of the cycle

rickshaw pullers/pliers.

Addl. Commissioner (Engg.)

For Commissioner, North DMC

PART ‘B’

Item No. 104 :— Improvement of internal lanes by providing RMC and drainage system in CC Block inShalimar Bagh, C-55 in Rohini Zone.

Commissioner’s letter No. F. 33/Engg./NDMC/364/C&C dated 19-12-2012.

The CC Block in Shalimar Bagh is situated in an approved and residential colony locatedadjacent to Ring Road and the existing internal lanes in this block are in dilapidated condition. A schemefor improvement of the said internal lanes was prepared for Rs. 2,02,19,500/- under Head ofAccount XL-VIII-Za. The preamble for accord of administrative approval & expenditure sanction forRs. 2,02,19,500/- has been sent to the Corporation through Works Committee vide No. F. 33/Engg/NDMC/119/C&C dated 31-8-2012.

Subsequently, a detailed estimate amounting to Rs. 1,93,58,000/- only based on DSR-2012 andapproved rates was got technically sanctioned from the competent authority. Subsequently a draft NIT forRs. 1,79,14,035/- was also got approved from the competent authority. The tenders were called vide NITNo. EE(Prj.)-1/Rohini/TC/2012-13/10/1 dated 15-10-2012 due on 5-11-2012 after giving due publicity infollowing newspapers and also by e-tendering through website of MCD :—

S. No. Name of Newspapers Language Place Dated

1. Hindustan Times English Delhi 19-10-2012

2. Hindustan Hindi Delhi 19-10-2012

3. Amar Ujala Hindi Delhi 19-10-2012

4. Hindu English Delhi 19-10-2012

5. Hari Bhoomi Hindi Delhi 19-10-2012

6. Partap Urdu Delhi 19-10-2012

Eight tenders were sold out of which six tenderers have offered their rates as per comparativestatement given below :———————————————————————————————————————————

S. Name of Agency Rate G-8 No. & Earnest ContractulNo. (in Rs.) Date Money Amount

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

1. M/s. Amar Constn. Co., @ 26.42% 037637 dt. 3,58,300/- 1,31,81,144/-Regd. with MCD in Class I below 5-11-2012

2. M/s. Tej Pal, @ 25.95% Refunded — 1,32,65,341/-Regd. with MCD in Class I below

3. M/s. Ram Niwas Goel, @ 12.79% Refunded — 1,56,22,827/-Regd. with MCD in Class I below

[ 2 (N) ]

4. M/s. Surender & Co., @ 12.34% Refunded — 1,57,03,440/-Regd. with MCD in Class I below

5. M/s. Satish Chand Rajesh @ 12.12% Refunded — 1,57,42,850/-Kumar Pvt. Ltd., belowRegd. with MCD in Class I

6. M/s. Jai Bhagwan (Individual), @ 11.98% Refunded — 1,57,67,930/-Regd. with MCD in Class I below

7. M/s. Renu Constn. Co., @ 11.21% Refunded — 1,59,05,868/-Regd. with MCD in Class I below

8. M/s. Sushil Constn. Co., @ 7.86% Refunded — 1,65,05,988/-Regd. with MCD in Class I below

9. M/s. J.S. Constn. Co., @ 7.00% Refunded — 1,66,60,049/-Regd. with MCD in Class I below

10. M/s. ESS Kay Constn. Co., @ 5.69% Refunded — 1,68,94,723/-Regd. with MCD in Class I below

11. M/s. Satya Construction, @ 5.10% Refunded — 1,70,00,416/-Regd. with MCD in Class I below

12. M/s. Himalya Traders, @ 0.01% Refunded — 1,79,15,823/-Regd. with MCD in Class II above

13. M/s. Wadhwa Constn. Co., @ 3.33% Refunded — 1,85,10,568/-Regd. with MCD in Class II above

14. M/s. Mohan Lal Gupta, @ 5.00% Refunded — 1,88,09,733/-Regd. with MCD in Class II above

15. M/s. Essco Traders, Regd. @ 9.98% Refunded — 1,97,01,851/-Regd. with MCD in Class II above

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

Justification of rates worked out by the Department comes to @ Rs. 12.69% above (including1% Labour Cess) Being an ALR case justification of rates is not required to be checked by the PlanningDepartment as per Circular No. D/EE(P)III/2000-01/39 dated 5-3-2001. The rates quoted by the lowesttenderer M/s. Amar Constn. Co. @ 26.42% below are well within the justification of rates. Hence thecase is recommended for acceptance. Being abnormally low rates. 100% test check by AE & 50% testcheck by EE is required.

M/s. Amar Constn. Co. is registered under Class-I category in MCD and is eligible to tenderfor this work. The financial/technical capability of the firm is satisfactory. The firm is not blacklistedor debarred on the date of purchase of tenders. The contractual amount of the work comes toRs. 1,31,81,144/- under Head of Account XL-VIII-Za. The rates are valid upto 4-4-2013 and the time ofcompletion of the work is 04 months reckoned from the 10th day of issue of work order.

[ 3 (N) ]

The likely year-wise expenditure is as under :—

S. No. Year Expenditure

1. 2012-13 100.00 lacs

2. 2013-14 81.81 lacs————

Total : 131.81————


The case is placed before the Standing Committee for approval of rates and agency in favorof M/s. Amar Constn. Co. @ 26.42% below for a contractual amount of Rs. 1,31,81,144/- under Head ofAccount XL-VIII-Za as per NIT conditions and to authorise Commissioner to enter into agreement withthe lowest tenderer as required under DMC Act, 1957 (Amended to date).

Item No. 105 :— Improvement & Strengthening of 45' & 30' ROW Road in Saraswati Vihar in WardNo. 60 in Rohini Zone.

Sub-Head :— Strengthening of Carriageway.


The scheme of Improvement & Strengthening of 45' & 30' ROW Road in Sarawati Vihar inRohini Zone was administratively approved by Hon’ble L.G.. on 19-1-2012. The expenditure sanction hasbeen accorded by the Hon’ble Mayor in anticipation of expenditure sanction for this work by theCorporation. The provisions in the scheme are as under :———————————————————————————————————————————

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

——————————————————————————————————————————1. Strengthening of Carriageway 2,28,86,400/-

2. Lump sum provision for street light 10,00,000/-

3. Lump sum Provision for Horticulture 5,00,000/-

4. Lump sum Provision for Intersection 5,00,000/-—————

Total : 2,48,86,400/-—————

Say Rs. 248.86 lacs

A detailed estimate amounting to Rs. 2,23,28,200/- only for strengthening of carriagewaybased on DSR-2007 and approved rates was got technically sanctioned from the competent authority.Subsequently a draft NIT on Item Rate was also got approved from the competent authority. The tenders

[ 4 (N) ]

were called vide NIT No. EE(Prj.)-1/Rohini/TC/2012-13/8/1 dated 4-10-2012 due on 26-10-2012 aftergiving due publicity in following newspapers and also by e-tendering through website of MCD :—

S. No. Name of Newspapers Language Place Dated

1 Times of India English Delhi 7-10-2012

2. Punjab Kesari Hindi Delhi 7-10-2012

3. Rojnam Rashtriya Sahara Urdu Delhi 7-10-2012

4. Dainik Jagran Hindi Delhi 7-10-2012

Eight tenders were sold out of which eight tenderers have offered their rates as per thefollowing comparative statement :———————————————————————————————————————————

S. Name of Agency Rate G-8 No. & Earnest ContractulNo. (in Rs.) Date Money Amount

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

1. M/s. Ram Karan Goel, 5200/m3 (BM) 037616 dt. 3,47,142/- 2,07,00,663/-Regd. with MCD in Class I 7270/m3 (AC) 26-10-2012

14.20/m2 (TC)

2. M/s. Radhey Shyam, 5389/m3 (BM) Refunded — 1,10,64,855/-Regd. with MCD in Class I 7389/m3 (AC)

12.19/m2 (TC)

3. M/s. Competent Constn. Co. 5579/m3 (BM) Refunded — 2,16,21,686/-Regd. with MCD in Class I 7501/m3 (AC)

12.99/m2 (TC)

4. M/s. R.K. Goel 5799/m3 (BM) Refunded — 2,27,98,249/-Abhey Kumar Jain, 7999/m3 (AC)Regd. with MCD in Class I 13.99/m2 (TC)

5. M/s. M.C. Constn. Co. 6000/m3 (BM) Refunded — 2,31,59,583/-Regd. with MCD in Class I 8050/m3 (AC)

13.00/m2 (TC)

6. M/s. The Macadam Makers, 5987/m3 (BM) Refunded — 2,34,77,311/-Regd. with MCD in Class I 8181/m3 (AC)

15.15/m2 (TC)

7. M/s. Vinod Kumar, 5987/m3 (BM) Refunded — 2,39,04,048/-Regd. with MCD in Class I 8487/m3 (AC)

15.00/m2 (TC)

8. M/s. R.P. Singhal & Co. 5949/m3 (BM) Refunded — 2,40,31,281/-Regd. with MCD in Class I 8649/m3 (AC)

14.49/m2 (TC)——————————————————————————————————————————

Justification of rates worked out by the Planning Department comes to @ Rs. 7817.30/m3

(BM), Rs. 10612.50/m3 (AC) & Rs. 18.20/m2 (TC) (including 1% labour Cess). The rates quoted by thelowest tenderer M/s. Ram Karan Gael @ Rs. 5200/m3 (BM), Rs.7270/m3 (AC) & Rs.14.20/m2 (TC) are

[ 5 (N) ]

well within the justification of rates. Hence the case is recommended for acceptance. Being abnormallylow rates, 100% test check by AE & 50% test check by EE is required.

M/s. Ram Karan Gael is registered under Class-I category in MCD and is eligible to tenderfor this work. The financial/technical capability of the firm is satisfactory. The firm is not blacklistedor debarred on the date of purchase of tenders. The contractual amount of the work comes toRs. 2,07,00,663/-. The rates are valid upto 25-3-2013 and the time of completion of the work is 06 monthsreckoned from the 10th day of issue of work order.


The case is placed before the Standing Committee for approval of rates and agency in favourof M/s. Ram Karan Goel @ Rs. 5200/m3 (BM), Rs. 7270/m3 (AC) & Rs. 14.20/m2 (TC) for a contractualamount of Rs. 2,07,00,663/- under Head of Account L.A. Road as per NIT conditions and to authoriseCommissioner to enter into agreement with the lowest tenderer as required under DMC Act, 1957(amended to date).

Item No. 106 :— Construction of drain and side berm from B-2/1 to 14, B-3/34 to B-4/1 to B-4/17,C-1/37 to C-2/7, BC-30 to C-l/18, BC-15 to B-6/17, C-l/8 to C-1/22, BC-16 to C-122,C-2/1 to C-2/7, C-1/23 to C-5/15, C-1/23 to park, C-5/15 to C-5/1 and opp. C-5/1 toC-5/15 in Mianwali Nagar in C-42/Rohini Zone in Peera Garhi.


During the inspection of Mianwali Nagar by Area Councillor Ward No. C-42 along with seniorofficers of Engineering Department it was brought to the notice of the Engineering Department that duringthe last rains there was stagnation of water in the stretch cited in the name of work due to non functioningof existing drainage system. Accordingly it has been decided to construct built up section drain with coverRCC/SFRC slab. Adequate provision has been taken in the estimate for providing openings in the slabs byhaving provision of manhole and removable SFRC slabs. This will ensure cleaning of the drain on regularbasis. Provision has also been taken in the estimate to improve the berms adjacent to the drain so as toprovide adequate space for movement of vehicle as well as parking of light vehicle used by the residents.

In view of above estimate amounting to Rs. 94,85,800/- has been framed to cover the cost ofabove said work under Head of Account XL-III-D-IV. The estimate has been checked by SW (Rohini)office and processed for administrative approval and expenditure sanction from the Ward Committee,Rohini Zone. The same was placed before the Ward Committee for approval vide No. D-1502/DC/RZdated 15-11-2012. In anticipation approval from the Chairman, Wards Committee is placed at page 9/N forprocessing the case. Accordingly the tenders were invited vide NIT No. 14 Item No. 1 dated 16-11-2012due on 5-12-2012 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 :—

S. No. Name of Newspapers Language Published on

1. Hindustan times English 24-11-2012

2. Dainik Jagran Hindi 24-11-2012

3. Amar Ujala Hindi 24-11-2012

4. Roznama Rastriya Sahara Urdu 24-11-2012

[ 6 (N) ]

17 tenders were sold and 9 were received on due date. The rates quoted by the contractorsare as under :———————————————————————————————————————————

S. No. Agency Rate Quoted G-8 No. & Date——————————————————————————————————————————

1. M/s. Dabas Const. Co. 25.13% below 037565 Dt. 5-12-2012

2. M/s. Satbir Const. Co. 22.50% below

3. M/s. Satya Constructions 22.05% below

4. M/s. Tejpal Singh 19.22% below

5. M/s. Sushil Const. Co 7.86% below

6. M/s. Himalaya Traders 5.21% below

7. M/s. Satpaul 4.20% above

8. M/s. Essco Traders 7.77% above

9 M/s. Dinesh Kumar Bansal 18.00% above——————————————————————————————————————————

The justification of rates were worked out by this office i.e. 06.37% above which areabnormally low and need not to be checked by the Planning Department in pursuance of Circular No.D-E.E.(P)-III/2000-01/39 dated 5-3-2001.

The rates quoted by lowers bidder i.e. M/s. Dabas Const. Co. are abnormally low incomparison to the justification of rates worked out by this office. The quoted rates @ 25.13% below ofM/s. M/s. Dabas Const. Co. are well within the justification and hence recommended for acceptance.

M/s. Dabas Const. Co. is a Class-II contractor with MCD and is eligible for tenders uptoRs. 300.00 lacs. The financial position and technical capability of the contractor is satisfactory. Thecontractor has neither been blacklisted nor debarred at present. The contractual amount of the workcomes to Rs. 53,97,193/- which is lower than the estimated amount of the work. The time of completion ofwork is six months reckoned from the 10th day of issue of work order. The validity of rates is upto4-6-2013. The expenditure will be charged under Head of A/c : XL-III-D-IV where adequate budgetprovision exists.

The year-wise expenditure shall be incurred herein under :—

2012-13 Rs. 10.00 lacs

2013-14 Rs. 43.97 lacs

Finance has seen and concurred the proposal.

The case may be placed before the Standing Committee under Section 202(C) DMC Actamended till date for approval of rate and agency in favour of M/s. Dabas Const. Co. for the above citedwork under Head of Account : XL-III-D-IV at his quoted rate @ 25.13% below with total contractualamount of Rs. 53,97,193/-. Being an ALR case the condition of 100% Test Check by AE and 50% by EEshall be adhered to.

[ 7 (N) ]

Item No. 107 :— Providing and laying of RMC from H. No. 1129 to 1149, 1153 to 1184, 821 to 805, 705to 737, 797 to 765, 605 to 589, 88 to 609, 429 to 497, 501 to 609, 229 to 309, 313 to325, 329 to 337 in GH-14, Paschim Vihar and 1029 to 1049, 1017 to 997, 921 to 941,945 to 957, 965 to 981, 941 to 913, 817 to 833, 837 to 853, 857 to 877, 857 to 893, 897to 913, 673 to 861, 657 to 645, 689 to 677, 533 to 557, 509 to 481, 361 to 389,393 to409, 389 to 409, 141 to 113, 109 to 93, 93 to 161, 145 to 150, 1 to 37 and 189 to 225 inGH-13, Paschim Vihar in C-41/Rohini Zone in Guru Harkishan Nagar.


During the inspection of GH-13 & GH-14, Paschim Vihar by Area Councillor Ward No. C-41along with senior officers of Engineering Department it was brought to the notice that some of the internallanes of GH-13 & 14 have outlived their life and at present the surface is in deteriorated condition and cannot cop up with present need of the area residents resulting great inconvenience to the residents.

In view of above estimate amounting to Rs. 99,69,600/- has been framed to cover the cost ofabove said work under Head of Account XL-VIII-Za. The estimate has been checked by SW (Rohini)office and processed for administrative approval and expenditure sanction from the Ward Committee,Rohini Zone. The same was placed before the Ward Committee for approval vide No. D-1466/DC/RZdated 26-10-2012. In anticipation approval from the Chairman, Wards Committee is placed at page 9/N forprocessing the case. Accordingly the tenders were invited vide NIT No. 14 Item No. 2 dated 16-11-2012due on 5-12-2012 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 :—

S. No. Name of Newspapers Language Published on

1. Hindustan times English 24-11-2012



4. Roznama Rastriya Sahara Urdu 24-11-2012

17 tenders were sold and 9 were received on due date. The rates quoted by the contractorsare as under :———————————————————————————————————————————

S. No. Agency Rate Quoted G-8 No. & Date——————————————————————————————————————————

1. M/s. Dabas Const. Co. 30.13% below 037565 Dt. 5-12-2012

2. M/s. Tejpal Singh 26.88% below

3. M/s. Satpaul 26.04% below

4. M/s. Kautilya Const. Co. 25.05% below

5. M/s. Satya Constructions 22.05% below

6. M/s. Aggarwal Const. Co. 21.99% below

7. M/s. Sushil Const. Co 15.86% below

8. M/s. Himalaya Traders 10.82% below

9. M/s. Essco Traders 4.99% below——————————————————————————————————————————

[ 8 (N) ]

The justification of rates were worked out by this office i.e. 09.66% above which areabnormally low and need not to be checked by the Planning Department in pursuance of CircularNo. D-E.E.(P)-III/2000-01/39 dated 5-3-2001.

The rates quoted by lowers bidder i.e. M/s. Dabas Const. Co. are abnormally low incomparison to the justification of rates worked out by this office. The quoted rates @ 30.13% below ofM/s. Dabas Const. Co. are well within the justification and hence recommended for acceptance.

M/s. Dabas Const. Co. is a Class-II contractor with MCD and is eligible for tenders uptoRs. 300.00 lacs. The financial position and technical capability of the contractor is satisfactory. Thecontractor has neither been blacklisted nor debarred at present. The contractual amount of the workcomes to Rs. 65,50,883/- which is lower than the estimated amount of the work. The time of completion ofwork is six months reckoned from the 10th day of issue of work order. The validity of rates is upto4-6-2013. The expenditure will be charged under Head of A/c : XL-VIII-Za where adequate budgetprovision exists.

The year-wise expenditure shall be incurred herein under :—

2012-13 Rs. 10.00 lacs

2013-14 Rs. 55.51 lacs

Finance has seen and concurred the proposal.

The case may be placed before the Standing Committee under Section 202(C) DMC Actamended till date for approval of rate and agency in favour of M/s. Dabas Const. Co. for the above citedwork under Head of Account : XL-VIII-Za at his quoted rate @ 30.13% below with total contractualamount of Rs. 65,50,883/-. Being an ALR case the condition of 100% Test Check by AE and 50% by EEshall be adhered to.

Item No. 108 :— Construction of 39 Classrooms, 1 Hall and 20 Seater Toilet Block in M.C. Pry. Schoolat Jahangirpuri, E-Block in Civil Lines Zone.

Sub-head :— Construction of Boundary Wall, Development of Ground and Other Miscellaneousworks.


Education Department vide letter No. D/326/DEO/CW/HQ/2008 dated 29-1-2008 requestingto construction of above school building. Scheme for the above said works was approved by theCorporation vide Resolution No. 304 dated 12-8-2008 amounting to Rs. 524.15 lacs.

According to the provisions of the scheme a detailed estimate was prepared for constructionof Boundary Wall, Development of Ground and other Miscellaneous works and the same was technicallysanctioned by competent authority amounting to Rs. 91,67,600/-. Draft NIT was also approved by thecompetent authority amounting to Rs. 58,59,771/-. Tenders were called vide NIT No. EE(Pr.)-I/CLZ/TC/2012-13/03 Item No. 3 dated 16-5-2012 due on 4-6-2012 through E-tendering having tender referenceNo. 159723.

[ 9 (N) ]

Due publicity was given through Notice-board 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


6. Milap Urdu 21-5-2012

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

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

1. M/s. Om Prakash @ 15.26% above E.M. Rs. 1,17,200/- deposited vide(MCD Class-III) G-8 No. 35307 dated 6-6-2012

2. M/s. D.R. Builders @ 24.75% above(MCD Class-III)

3. M/s. Sushil Const. Co @ 31.05% above(MCD Class-III)

4. M/s. Shiva Constructions @ 34.45% above(MCD Class-III)

5. M/s. Surender Kumar Verma @ 34.90% above(MCD Class-I)

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

7. M/s. Jindal Enterprises @ 36.36% above(MCD Class-III)

8. M/s. Mendiratta Traders @ 57.99% above(MCD Class-III)

9. M/s. Suresh Brothers @ 60.00% above(MCD Class-I)

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

The justification of rates has been checked by the Planning Department as 52.18% above.The rates quoted by the lowest tenderer M/s. Om Prakash @ 15.26% above are justified, reasonable ascompared to the prevailing market rates and well within the justification, hence recommended foracceptance.

M/s. Om Prakash is a registered contractor with MCD in Class-III and entitled to tender uptoRs. 90.00 lacs. The financial and technical performance of the contractor is stated to be satisfactory.

[ 10 (N) ]

The total cost of this work comes to Rs. 67,53,972/-. The expenditure will be charged Head ofAccount XL-VII-Edu. (Plan). The time of completion is four months and the validity of rates has beenextended by the contractor upto 31-12-2012. The year-wise likely expenditure is as under :—

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

2013-14 Rs. 57,53,972/-

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. Om Prakash @ 15.26% above against the justification worked out by the PlanningDepartment @ 52.18% above with contractual amount of Rs. 67,53,972/- under Head of AccountXL-VII-Edu. (Plan) and to authorize the Commissioner to enter into the agreement with lowest tendereras per NIT condition as required u/s 202 (c) of D.M.C. Act, 1957 (amended to date).

Item No. 109 :— Re-construction of Gym at E-Block, Kamla Nagar in C-69/CLZ.


Community Services Department vide their letter No. 878/CSD/HQ/2010 dated 17-12-2009have issued the requisition for Re-construction of Gym at E-Block, Kamla Nagar in C-69/CLZ. Schemefor the above said work was approved by the Corporation vide Resolution No. 594 dated 21-11-2011amounting to Rs. 76.38 lacs.

Detailed estimate amounting to Rs. 45,08,000/- based on DSR-2007 was prepared for const.of above said work and technically sanctioned by the competent authority. The draft NIT amounting toRs. 28,81,412/- for Part ‘A’ & Part ‘B’ Reserve Price Rs. 5,700/- for the cost of the old structure requiredto be demolished was also approved. Accordingly tenders were called vide NIT No. EE(Pr.)/CLZ/TC/2012-13/03 Item No. 3 dated 16-5-2012 due on 4-6-2012 through E-tendering having tender referenceNo. 159724.



1. Indian Express English 21-5-2012

2. Financial Express English 21-5-2012

3. Jansatta Hindi 21-5-2012



6. Milap Urdu 21-5-2012

[ 11 (N) ]

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


1. M/s. Pragati Enterprises Part ‘A’ @ 18.00% above(MCD Class-IV) Part ‘B’ Reserve Price Rs. 9,000/-

E.M. Rs. 58,200/- deposited videG-8 No. 35308 dated 6-6-2012.

2. M/s. Anil Const. Co. Part ‘A’ @ 31.23% above(MCD Class-III) Part ‘B’ Reserve Price Rs. 5,700/-

3. M/s. Shivam Associates Part ‘A’ @ 48.00% above(MCD Class-IV) Part ‘B’ Reserve Price Rs. 1,000/-

4. M/s. Jiwan Const. Co. Part ‘A’ @ 48.99% above(MCD Class-III) Part ‘B’ Reserve Price “Rates Not quoted”

5. M/s. Mendiratta Traders Part ‘A’ @ 49.50% above(MCD Class-III) Part ‘B’ Reserve Price Rs. 12,500/-

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

The justification of rates has been checked by the Planning Department as 45.25 % above forPart ‘A’ and Part ‘B’ i.e. Reserve Price Rs. 5,700/-. The rates quoted by the lowest tenderer M/s. PragatiEnterprises for Part ‘A’ @ 18.00% above and Part ‘B’ i.e. Reserve Price Rs. 9,000/- are justified,reasonable as compared to the prevailing market rates and well within the justification, hencerecommended for acceptance.

M/s. Pragati Enterprises is a registered contractor with MCD in Class-IV and entitled totender for works upto Rs. 40.00 lacs. The financial and technical performance of the contractor is statedto be satisfactory.

The total cost of this work comes to Rs. 34,00,066/- chargeable to Head of AccountXL-VIII-M. The time of completion is six months and the validity of rates has been extended by thecontractor upto 31-12-2012. The year-wise likely expenditure is as under :—

2012-13 Rs. 5,00,000/-

2013-14 Rs. 29,00,066/-


The case may be placed before the Standing Committee for approval of rates and agency infavour of M/s. Pragati Enterprises @ Part ‘A’ 18.00% above & Part ‘B’ Reserve Price i.e. Rs. 9,000/-which will be deducted from the first running bill against the justification worked out by the PlanningDepartment for Part ‘A’ @ 45.25% above & Part ‘B’ Reserve Price i.e. Rs. 57001- with contractual costof Rs. 34,00,066/- under Head of Account XL- VIII-M and to authorize the Commissioner to enter into theagreement with lowest tenderer as per NIT condition as required u/s 202(c) of D.M.C. Act, 1957(amended to date).

[ 12 (N) ]

Item No. 110 :— Construction of Mother and Child Welfare Centre at A-Block in (Jahangirpuri) SantRavidas Nagar, CLZ.


Addl. DHA (M&CW) vide letter dated 27-1-2010 has requested for the above said work afterdemolition of old existing structure. The administrative approval and expenditure sanction has beenobtained from the Hon’ble Mayor in anticipation approval of the Corporation vide preamble No. F. 33/Engg./1950/C&C dated 9-11-2011 amounting to Rs. 272.49 lacs with the reserve price of Rs. 12,487/- fordemolition of the existing prefab structure.

Accordingly a detailed estimate amounting to Rs. 2,46,32,000/- based on DSR-2007 andapproved rates of MCD was prepared and technically sanctioned by the competent authority. Draft NITamounting to Rs. 1,60,50,109/- for Part ‘A’ & Part ‘B’ Reserve Price Rs. 12,487/- for the cost of the oldstructure required to be demolished was also approved by the competent authority. Accordingly tenderswere called vide NIT No. EE(Pr.)-I/CLZ/TC/2012-13/04 Item No. 1 dated 15-5-2012 due on 4-6-2012through E-tendering having tender reference No. 159726.





3. Hindustan Times English 21-5-2012

4. Roznama Rashtriya Sahara Urdu 21-5-2012

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


1. M/s. Rama Const. Co. Part ‘A’ @ 25.00% above(MCD Class-I) Part ‘B’ Reserve Price Rs. 13,000/-

E.M. Rs. 3,21,000/- deposited videG-8 No. 35301 dated 6-6-2012

2. M/s. Ram Niwas Goel Part ‘A’ @ 25.20% above(MCD Class-II) Part ‘B’ Reserve Price Rs. 15,000/-

3. M/s. Ess Kay Const. Co. Part ‘A’ @ 37.38% above(MCD Class-I) Part ‘B’ Reserve Price “Rates not quoted”

4. M/s. Sharwan Kumar Aggarwal Part ‘A’ @ 38.00% above(MCD Class-I) Part ‘B’ Reserve Price Rs. 500/-

5. M/s. Sushil Const. Co. Part ‘A’ @ 39.39% above(MCD Class-II) Part ‘B’ Reserve Price Rs. 20,000/-

6. M/s. Ramesh Const. Co. Part ‘A’ @ 39.50% above(MCD Class-I) Part ‘B’ Reserve Price Rs. 12,500/-

7. M/s. Suresh Brothers Part ‘A’ @ 54.00% above(MCD Class-I) Part ‘B’ Reserve Price Rs. 1,000/-

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

[ 13 (N) ]

The justification of rates has been checked by the Planning department as 44.14% above forPart ‘A’ and Part ‘B’ i.e. Reserve Price Rs. 12,487/-. The rates quoted by the lowest tenderer M/s. RamaConst. Co. for Part ‘A’ @ 25.00% above and Part ‘B’ i.e. Reserve Price Rs. 13,000/- are justified,reasonable as compared to the prevailing market rates and well within the justification, hencerecommended for acceptance.

M/s. Rama Const. Co. is a registered contractor with MCD in Class-I and entitled to tenderfor 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. 2,00,62,636/- chargeable to Head of AccountXL-IX-Med. The time of completion is fifteen months and the validity of rates has been extended by thecontractor upto 31-12-2012. The year wise likely expenditure is as under :—

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

2013-14 Rs. 1,90,62,636/-


The case may be placed before the Standing Committee for approval of rates and agency infavour of M/s. Rama Const. Co. @ Part ‘A’ 25.00% above & Part ‘B’ Reserve Price i.e. Rs. 13,000/-which will be deducted from the first running bill against the justification worked out by the PlanningDepartment for Part ‘A’ @ 44.14% above & Part ‘B’ Reserve Price i.e. Rs, 12,487/- with contractualcost of Rs. 2,00,62,636/- under Head of Account XL-IX-Med. and to authorize the Commissioner to enterinto the agreement with lowest tenderer as per NIT condition as required u/s 202(c) of D.M.C. Act, 1957(amended to date).

Item No. 111 :— Imp. of road by pdg. RMC and raising of drain from Dhanno House to NirmalaHouse and Puri Property to Kureni Road, Punjabi Colony, Gali No. 6, Shivaji Nagar,Sushil House to Raj Kumar House, Sultan House to Satbir House, Bhupender Houseto Shakuntla House and pdg. interlocking tiles from Railway Xing to Bank of Barodain Indra Colony, Narela in C-1.


The estimate for amounting to Rs. 47,50,600/- has been prepared under Head of AccountXL-VIII-D to cover the cost of above work. Punjabi Colony, Shivaji Nagar, Indra Colony are the U/Rcolony of Ward No. C-l, Narela and the roads/streets of the above colonies have been inspected by thearea Councillor and higher authorities and found that the above roads/streets are in deteriorated conditionand require immediate attention. Hence, it is, proposed to re-construct the above roads by pdg. RMCM-20 having thickness 10 cm. Since there are small streets having width varying 3.70 Mtr to 8.00 Mtr andthere is no major road of vehicles on the streets. Hence expenditure is proposed to be charged under Headof Account XL-VIII-D. The estimate has been checked for amounting to Rs. 50,09,600/- by PlanningDepartment manually for improvement of roads by pdg. R.M.C. in these colonies. The existing roads arein deteriorated condition and outlived its lives.

Ward Committee (Narela Zone) has been accorded the administrative approval & expendituresanction for amounting to Rs. 50,09,600/- under Head of Account XL-VIII-D on dated 17-2-2012. DraftNIT amounting to Rs. 32,02,056/- has already been approved by the competent authority.

[ 14 (N) ]

Tenders for the above cited work were invited vide NIT No. EE(N)M-I/TC/2011-12/38 dated13-2-2012 due on 7-3-2012. Due publicity as required was made by circulating the NIT to various offices,through E-tendering and by publishing in the following Newspapers :—

S. No. Name of Newspapers Language Dated


2. Hindu (Delhi) English 18-2-2012


4. Tej (Daily) Urdu 18-2-2012

5. Statesman (Delhi) English 18-2-2012

Eight nos. of tender sold and five numbers of tenderers were submitted their bids, whosecomparative statement is as under :———————————————————————————————————————————S. No. Name of Contractor Rates E/M G-8 No. & Date

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

1. M/s. Jaswant Singh Dabas 39.50% above 64,050/- 047466 dt. 9-3-2012

2. M/s. Khatri Const. Co. 51.51 % above

3. M/s. Pradeep Kumar 52% above

4. M/s. Mange Ram Gupta 53% above

5. M/s. D.R. Builders 55% above——————————————————————————————————————————

The lowest tenderer M/s. Jaswant Singh Dabas has quoted their rate @ 39.50% aboveagainst the departmental justification of rates which comes to 39.96% above. These rates were found onhigher side as compared to the awarded rates of recent past. Hence, negotiation was conducted with thelowest tenderer M/s. Jaswant Singh Dabas on 23-5-2012. In the negotiation lowest tenderer M/s. JaswantSingh Dabas has reduced his rate upto 37.98% above in the presence of Div. Accountant, Ex. Engineer,Narela, M-I, DCA (Narela) and SE (Narela). The case was processed accordingly and forwarded toCA-cum FA for concurrence, Addl. Commissioner (Engg.) vide their order dated 18-9-2012 and furtherdesired to re-negotiate with L-l agency. Accordingly re-negotiation was conducted on 24-9-2012 andcontractor has further reduced its rates to 36.95% above against the departmental justification 39.96%above. These rates are reasonable and justified as compared to the departmental justification of rates.

The total cost of the proposed work after calculating the contractual enhancement @ 36.95%above comes to Rs. 43,85,215/- only against the departmental justification @ 39.96% above. Rates arevalid upto 23-2-2013 and time of completion of this work is five months from the 10th day of issue of workorder.

Budget provision exist under Head of Account XL-VIII-D during the financial year2012-2013.


The case may please be place before Standing Committee for the approval of Rates &Agency in favour of M/s. Jaswant Singh Dabas @ 36.95% above for Rs. 43,85,215/- against thedepartmental justification @ 39.96% above underHead of Account XL-VIII-D as per NIT condition andto authorise the Commissioner (NDMC) to enter into the agreement with the lowest tenderer as requiredunder DMC Act (Amended upto date).

NORTH DELHI MUNICIPAL CORPORATION (ENGINEERING DEPARTMENT)

No. Dated From: The Commissioner North Delhi Municipal Corporation Civic Centre, Delhi To: The Municipal Secretary North Delhi Municipal Corporation Civic Centre, Delhi

Name of work: Strengthening of road by providing dense carpeting from A-3/232 to NDPL Sub Station, from DDA Market no.8 to B-4/30 and from C-8/15 to C-8/28 in Sector 7 and from F-18/41 to F-18/60 in Sector 8, Rohini in Naharpur.

The administrative approval & expenditure sanction was obtained in

anticipation of approval from Chairman Wards Committee (Rohini Zone) order dated 25.9.2012 for Rs.32,24,200/- under head of account XL-VIII-S in respect of above cited work.

Accordingly, a detailed estimate amounting to Rs.32,24,200/- only based on DSR 2007 and approved rates was got technically sanctioned from the competent authority. Subsequently a draft NIT on item rate was also got approved from the competent authority. The tenders were called vide NIT No.EE(Prj)-1/Rohini/TC/2012-13/7/1 dated 27.9.2012 due on 19.10.2012 after giving due publicity in following newspapers and also by e-tendering through website of MCD:-

Sl.No Name of newspapers Language Place Dated 1 The Pioneer English Delhi 30.9.12 2 Dainik Jagran Hindi Delhi 30.9.12 3 Amar Ujala Hindi Delhi 30.9.12 4 Roznama Rashtriya Sahara Urdu Delhi 30.9.12

Four tenders were sold, out of which four tenderers have offered their

rates as per comparative statement given below: Sl. No.

Name of Agency Rate (Rs.) G-8 No. & date

Earnest Money (Rs.)

Contractual amount (Rs.)

1 M/s R.K. Goel Abhey Kumar Jain, Regd with MCD in Class I

6599/m3 (BM) 8699/m3 (AC) 13.99/m2 (TC)

036597 dt. 19.10.12

41200/- 3001156/-

2 M/s C. Prakashan & Co., Regd. With MCD in class I

6700/m3 (BM) 8700/m3 (AC) 16.00/m2 (TC)

Refunded - 3040288/-

3 M/s Radhey Shyam, Regd. With MCD in class I

6949/m3 (BM) 8949/m3 (AC) 14.99/m2 (TC)


4 M/s M.C. Constn. Co. Regd. With MCD in class I

7000/m3 (BM) 8890/m3 (AC) 15.00/m2 (TC)


Justification of rates worked out by the Planning Department comes to @Rs.8137.55/m3 (BM), Rs.10869.05/m3 (AC) & Rs.18.25/m2 (TC) (including 1% Labour Cess). The rates quoted by the lowest tenderer M/s R.K. Goel Abhey Kumar Jain @Rs.6599/m3 (BM), Rs.8699/m3 (AC) & Rs.13.99/m2 (TC) are well within the justification of rates. Hence the case is recommended for acceptance.

M/s R.K. Goel Abhey Kumar Jain is registered under class-I category in MCD and is eligible to tender for this work. The financial/technical capability of the firm is satisfactory. The firm is not black listed or debarred on the date of purchase of tenders. The contractual amount of the work comes to Rs.30,01,156/- under head of account XL-VIII-S. The rates are valid upto 18.3.2013 and the time of completion of the work is 03 months reckoned from the 10th day of issue of work order.

Finance has seen and concurred in the proposal. The case is placed before the Standing Committee for approval of rates

and agency in favour of M/s R.K. Goel Abhey Kumar Jain @Rs.6599/m3 (BM), Rs.8699/m3 (AC) & Rs.13.99/m2 (TC) for a contractual amount of Rs.30,01,156/- as per NIT conditions and to authorise Commissioner to enter into agreement with the lowest tenderer as required under DMC Act, 1957 (amended to date).

ADDL. COMMISSIONER (ENGG.) For Commissioner, MCD

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.

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

1. Proposal :

The case of Plot No. 19-B, Block-UA, Jawahar Nagar has been submitted by Sh. VijayChand Jain for rectification in the approved layout plan of Northern City Extn. Scheme No. 1, KamlaNagar, Jawahar Nagar.

2. Area and Loacation :

The area of the plot is 183.33 sq. yards and the plot is bounded as per sale deed as under :—

North — Plot No.19-C, 20A.

South — Plot No.19-A owned by vendor.

East — MaIka Ganj Road.

West — Common Gali 15' wide.

3. Land Use :

The landuse of the plot in question is Residential as per the approved layout plan of NorthernCity Extn., Scheme No. 1, Kamla Nagar, Jawahar Nagar. However, as per the layout plan, the site underreference is sub-divided and on the layout plan only a single plot UA-19 is shown.

4. Background :

Earlier the Building Plan of the plot under reference i.e. 19-B, Jawahar Nagar was approvedby the erstwhile Delhi Municipal Committee in the year 1938 and 1944. Again in the year 2010, theapplicant Shri Vijay Chand Jain applied to the Building Deptt./HQ for sanction of building plan. TheBuilding Deptt./HQ rejected the application for sanction of building plan since in the approved layout planof Northern City Extn. Scheme No. 1, the site under reference is shown as single plot i.e. UA-19. Thesub-division of plot is not permissible as per MPD-2021. The Building Deptt./HQ rejected the applicationof building plan and communicated the same to the applicant on 22-12-10.

The applicant approached the ATM-MCD (Appeal No. 47/AT/MCD/2011) and the Hon’bleATM-MCD vide orders dated 13-2-12 passed an order, the relevant portion of which is reproduced asunder :—

“Accordingly, the present appeal is allowed. Impugned order of rejection ofsanctioned plan bearing No. 482/BHQ/2010/368/VI dated 22-12-2010 is set aside andquashed. MCD is directed to release the sanctioned plan of the property of theappellant bearing No. 19-B, Block No. UA, Jawahar Nagar, Delhi subject to fulfillmentof other requirements as per Building Bye-Laws within 15 days by treating it as aseparate independent plot”.

[ 2 (N) ]

As per the orders of the Hon’ble ATM-MCD the case was placed in the BPC by the BuildingDeptt./HQ and vide Item No. 18 dated 14-3-2012, it was decided to sanction the building plan subject torectification in the layout plan and accordingly the applicant shall apply to Town Planning Deptt. forrectification of the layout plan and the Town Planning Deptt. shall thereafter process the case as per thelaw and guidelines. It was also decided that an appeal be filed against the orders of AT-MCD.

5. Ownership :

The Building Department/HQ has sought the opinion of DLO (Engg.) on building file which isreproduced as under :—

“With regard to above I have gone through the photocopies of documents as placed in thefile. Froth the registered Sale Deed dated 17-2-1937 revealed that samshul Ulma SyedAhmed, Imam Shahi Masjid Delhi etc. sold the various lands including the land in questioni.e. Plot No. 19-B, Block-UA (183.33 Sq. yds) Jawahar Nagar, Subzi Mandi, Delhi to SethBeni Pershad Son of Seth Behari Lal and Lal Pratap Singh Son of Sh. Raghbir Singh inequal share. Lala Partap Singh given GPA dated 4-4-1938 in respect of said property toLala Nand Kishore Son of Lala Sukh Chand. They further sold it to Smt. Mehtab Devidaughter of Sheikh Dhonkal Chand vide registered Sale Deed dated 27-10-1938 and shefurther gifted it to Sh. Phool Chand Jain Son of Sh. Milap Chand Jain and Smt. ChameliDevi wife of Late Sh. Phool Chand Jain vide regd. Gift Deed dated 14-7-1956. Sh. PhoolChand Jain died intestate on 2-2-1997 and his Wife Smt. Chameli Devi Jain also diedintestate on dated 24-8-1980 leaving behind following legal heirs :—

1. Sh. Vijay Chand Jain—Son

2. Sh. Lakshmi Chand Jain—Son

3. Smt. Deep Mala Jain—Daughter

4. Smt. Gun Mala Navlakha—Daughter

The above Lrs No. 2 to 4 relinquished their respective shares in the said property in favour ofabove LRs no. vide regd. Relinquishment deed dated 29-7-1997. Now Sh. Vijay Chand Jain (applicant)has applied for sanction of plan in respect of said property in question.

“Keeping in view of the above, ownership of the applicant can be taken in order subject tofurnishing an Indemnity bond and Undertaking on an affidavit by the applicants that he isonly legal owner of the said plot in question and there is no other legal heirs”.

6. Site Report/ROW :

The A.E. (B) HQ has verified the site in question on the part layout plan. The existing widthof abutting roads i.e A-93’0" and B-15’0". As per the layout plan the width of road A is not mentioned. Asper the Zonal Development Plan (Zone C) of MPD-2021,the width is shown as 24 mt. The width of roadB is shown as 15' in the layout plan.

7. Observations :

(i) As per Clause 4.4.3(iv) of MPD-2021, the following is stated :—

“Sub-division of plots is not permitted. However, if there are more than one buildings inone residential plot, the sum of the built up area and ground coverage of all such buildings,shall not exceed the built up area and ground coverage permissible in that plot”.

(ii) The erstwhile Municipal Committee had earlier sanctioned the Building Plan of this plot inthe year 1938 and 1944. As per the comments of DLO (Engg.), the site under referencei.e. 19-B measuring 183.33 sq. yds has been existing since the year 1938.

[ 3 (N) ]

8. LOSC consideration :

The case was considered in LOSC on 3-8-12 and following decision was taken :—

The case was again discussed in view of the orders of the Hon’ble ATMCD dated 4-7-12.It was informed by the representatives of the Law Deptt. that an appeal has been filedand the previous advocate has been replaced with a new one. It was also informed that ifMCD does not release the building plan before 31-7-2012, it may become contempt of theHon’ble Court’s order dated 4-7-2012.

It was also observed that building plan sanction has already been accorded for the propertyunder reference on two occasions i.e. 1938 and 1944 i.e. before formation of the Corporation, thus,dividing the overall plot into three parts as the instant case is the middle part. This infers that theSub-division of the plot under reference was recognized by the Municipal Committee while grantingaforesaid sanctions. It was also observed that since the building plan of adjacent Plot No. 19-C -20A hasalready been sanctioned vide File No. 166/B/75 dated 26-12-1975 and completion certificate issued videFile No. 4CC/CL/78-79 dated 5-4-1978 and also sanction was granted for addition/alteration vide File No.1459/B/CLZ/88 dated 2-12-1988 by the Zonal Building Department. Although while referring to theLayout Plan available in the record of T.P. Department, this sub-division is not being reflected, yet thisSub-division being an existence prior to the formation of Corporation, the same needs to be acknowledgedin the Layout Plan.

It was also pointed out by the representatives of the Building Deptt. (HQ) that building planhas already been sanctioned by B.P.C on 16-3-2012. The decision of the BPC is reproduced as below :—

(a) The building plans of the Plot No. 19-B, UA, Jawahar Nagar is sanctioned, subject toother compliance as per BBLs, 1983 and compliances/corrections as per file. However,the building plan shall be released only after rectification in the layout plan.

(b) The applicant shall apply to Town Planning Deptt. for rectification in the layout plan andT.P. Deptt. shall thereafter process the case as per Law and guidelines on the subject.

(c) Appeal be filed against the orders of ATMCD bringing the above facts in the notice ofHon’ble Court.

The applicant has since made an application in the Town Planning Deptt. for incorporation ofsub-division of plot which is under process.

In view of order of Hon’ble ATMCD dated 4-7-2012 to avoid contempt proceedings andkeeping in view the fact that plans for the plot under reference were sanctioned by the authority earlier in1938 an in 1944, it has been decided that the aforesaid sub-division of the plot in question be taken in orderand hence the building plan so sanctioned by the BPC on 16-3-2012 in respect of Plot No. 19-B, JawaharNagar be released and the proposal of incorporation of the sub-division be placed before the StandingCommittee for its approval”.

9. Recommendations :

In view of above and as required u/s 313 of DMC Act (amended-to-date) Plot No. 19-BJawahar Nagar, New Delhi is placed before Standing Committee for incorporation in the Layout Plan ofNorthern City Extn. Scheme No. 1, Kamla Nagar Jawahar Nagar.

[ 4 (N) ]

NEW CASE

Item No. 3 :— Modification in the Layout Plan of Deen Dayal Upadhaya (DDU) Marg, New Delhi.

Commissioner’s letter No. F. 33/CTP/NDMC/411/C&C dated 11-1-2013.

The proposal for modification in the layout Plan of Deen Dayal Upadhaya (DDU) Marg, hasbeen submitted by EE(P)/CPWD for approval of North DMC u/s 313 of DMC Act 1957.

1. Background :

The layout Plan for Deen Dyal Upadhaya (DDU) Marg, was initially approved by V.C., DDAvide note dated 22-1-2004 on file and thereafter the proposal for modification in the Layout Plan in respectof Pocket-9, Rouse Avenue (DDU Marg) at New Delhi was approved by Standipg Committee of MCDvide Resolution No. 798 dated 24-2-2008. Later on vide Resolution No. 485 dated 9-11-2011, the LayoutPlan for DDU Marg was again modified.

2. Area & Location :

The total Area under modification which forms part of Pocket-4 and Pocket-4A measures8179 sqm. (Pocket-4) and 7233 sqm. (Pocket-4A). These two pockets draw access from DDU Marg(ROW 36.58 mts.).

3. Ownership :

The Land is owned by the Government as per the submissions made by the applicant.

4. Plesent Proposal :

Present Proposal envisages Sub-division of Pocket-4 in to 6 different plots of varying sizesand reconciliation of area in Pocket-4A.

5. Site Report :

The site was visited and it has been observed that the land is lying vacant. However twotemples exist in Pocket-4 & one temple exist in Pocket-4A.

6. Earlier LOSC Consideration :

The above mentioned proposal was first considered by LOSC vide item No. 06/12 dated3-8-12 and it was observed that :—

“CPWD be asked to make the amendment in the proposal keeping the area ofPocket-4 and Pocket-4A as per the sanctioned layout plan since the land use hasbeen changed by DDA/Ministry of Urban Development as per the approved layoutplan. Further sub divisions be accordingly amended. Further after the amendedproposal is submitted. It be again brought back to LOSC.

The shifting of existing temple shall be ensured by CPWD/L&DO as per thepolicy/rules in this regard”.

[ 5 (N) ]

7. Further Compliance :

The decision of LOSC was conveyed to the applicant vide letter No. TP/G/484/12 dated23-8-2012. As per the LOSC decision, area of Pocket-4 is revised as per gazette notification and drawingrevised accordingly. The applicant has stated that the shifting of temples is under process and no proposalto allot any land in the portion where temples are situated and that allotment of land will be made only inportions which are clear of temples.

8. Detail of proposal :

The details of the changes proposed in Pocket-4 & 4A are as under :—––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Pocket Existing as per earlier Proposed Change ProposedNo. approved layout plan proposed changes/details

————————— ———————– of changeArea of Land Area of Land proposedpockets Use posckets Use

sqm. sqm.––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Pocket-4 8093.50 Public & 8093.50 Public & Sub-Division of Sub-division ofSemi Semi Pocket-4 area Pocket-4 into 6Public Public decreased 8179 different plots

sqm. to 8093.50 of differnetsqm. plots.

2000 sqm.1886.50 sqm.1008 sqm.504 sqm.504 sqm.1519 sqm.Total area= 8093 sqm.

2. Pocket-4A 6917.50 Reseidential 7318.50 Residential Reconciliationfor for of area fromCommunity Community 6917.50 sqm.Facilities Facilities to 7318.50 sqm.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

9. Distribution of Area in the entire scheme :––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sr. Description Area in Percentage Present PercentageNos. sqm. Proposal

(Existin)––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Total area under 526990.138 100% 527539.138 100%Redevelopment (130.222 (130.357Scheme Acre) Acre)

2. Area under 114810.47 21.79% 114810.47 21.76%Resideiltial

[ 6 (N) ]

3. Area under Public & 61662.00 11.70% 61662.00 11.69%Semi PublicFacilities/Institutional

4. Area Under 30354.00 5.76% 30354.00 5.75%Govt. Offices

5. Area Under Green & 77012.288 14.61% 77012.288 14.60%Play Area

6. Area Under 71557.233 13.58% 71958.233 13.64%Community facilities

7. Area Under roads 171594.147 32.56% 171742.147 32.56%––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

10. LOSC Consideration dated 30-11-12 :

After compliances the case was again considered by LOSC vide item No. 15/12 dated30-11-12 & the following decision was taken by LOSC :—

“The case was discussed in detail and the proposal was agreed upon, since it is a case ofre-adjustment/carving out of more plots, it be placed before Standing Committee for approval”.

11. Recommendations :

In view of above and as required u/s 313 of DMC Act (amended-to-date) the Layout Plan ofDeen Dyal Upadhaya (DDU) Marg, New Delhi is placed before Standing Committee for approval subjectto the following conditions :—

A. All the earlier conditions wherever applicable, shall be adhered by the applicant.

B. The applicant shall get the building plans approved by the Building Deptt., as per theprovisions of Master Plan/Buildings Bye-laws.

NORTH DELHI MUNICIPAL CORPORATION

Minutes of the meeting of the Standing Committee (North Delhi) held on Wednesday, the 30th 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. Ms. Hoor Bano Ismail

4. Shri Mukesh Goyal

5. Ms. Neelam Dhiman

6. Shri Prithvi Singh Rathore

7. Ms. Renu Gupta

8. Ms. Surender Kaur

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

cSBd ds izkjEHk esa usrk foi{k Jh eqds’k xks;y us fiNyh cSBd esa yxk;s vfHk;kfU=d foHkkx ls

lEcfU/kr vius vYidkfyd iz’u ds ckjs esaa cksyrs gq, dgk fd vkt ls 15 fnu igys ftl le; ;g

vYidkfyd iz’u yxk;k x;k Fkk ml le; 4 ;k 5 dfu”B vfHk;Urk vaMj iksfLVax Fks A ysfdu bl

vYidkfyd iz’u dk mRrj vkt ;g fn;k tk jgk gS fd dksbZ Hkh dfu”B vfHk;Urk] lgk;d vfHk;Urk ;k

vf/k’kklh vfHk;Urk vaMj iksfLVax ugha gS A vYidkfyd iz’u yxkus ds 3&4 fnu ckn foHkkx }kjk bu

vfHk;Urkvksa dh iksfLVax dj nh xbZ A rks vkt bl vYidkfydiz’u dk mRrj feyus ds ckn rks ;gh

rkRi;Z fudyrk gS fd ;g iz’u yxkuk gh xyr Fkk A ysfdu mUgksaus bl ckr ij lUrqf”V O;Dr dh fd

muds }kjk vYidkfyd iz’u yxkus ds mijkUr vaMj iksfLVax vfHk;Urkvksa dh iksfLVax dj nh xbZ gSA lkFk

gh mUgksaus ;g Hkh dgk fd tks vfHk;Urk nks ;k rhu eghus rd vaMjiksfLVax jgs gSa vkSj ftlds fy, yk[kksa

:i;s osru ds :Ik esa fn;s x;s gS] mlds fy, dkSu ftEesnkj gksxk A

lqJh Å”kk esgrk us IokbaV vkWWQ vkMZj mBkrs gq, dgk fd mRrjh fnYyh uxj fuxe dk xBu gq,

8&9 eghus gks x;s gSa A ysfdu bl nkSjku LFkk;h lfefr }kjk ftrus Hkh izLrko ikfjr dj vuqikyu gsrq

vk;qDr dks Hksts x;s gSa fiNys vkB eghus ls mudk vkt rd dksbZ mRrj ugha fn;k x;k gS A

v/;{k ds vkns’k ij vfrfjDr vk;qDr ¼laLFkkiuk½ us lfefr dks voxr djk;k fd vk;qDr }kjk

lHkh izLrkoksa dks fjO;w djus ds fy, cSBd yh tk jgh gS vkSj vHkh rd ftrus Hkh izLrko vk;s gS mudh

,d fjiksVZ rS;kj dh tk jgh gS ftls 15 fnuksa esa LFkk;h lfefr dks miyC/k djok fn;k tk,xk A

Jh i`Foh flag jkBkSj us Mh-Mh-,- ls fuxe dks gLrkarfjr vius {ks= dh fe;kaokyh uxj rFkk if’pe ,Udyso

tSlh dkyksfu;ksa dk ekeyk mBkrs gq, dgk fd bu dkyksfu;ksa esa fodkl dk;Z djokus ds fy, fuxe djksM+ksa

:i;s [kpZ djrk gS ysfdu ;gka fcfYMax ,DVhfoVht vkt Hkh Mh-Mh-,- ds ikl gS A Mh-Mh-,- }kjk gh ;gka

Hkouksa ds uD’ks ikl fd;s tkrs gSa ftlls jktLo Mh-Mh-,- ds ikl tk jgk gS A pwafd fuxe djksM+ks :i;s

[kpZ djds bu dkyksfu;ksa esa fodkl dk;Z djokrk gS vr% Hkouksa ds uD’ks Hkh fuxe }kjk ikl fd;s tkus

pkfg, rkfd fuxe dks jktLo dh izkfIr gks lds A

v/;{k ds vkns’k ij bl ckjs esa eq[; uxj fu;kstd us tkudkjh nh fd fcfYMax ,DV esa tks

dkyksfu;ka gekjs ikl vkrh gS og MhuksfVQkbZ gks tkrh gSA dbZ ckj ,slk gksrk gS fd mu dkyksfu;ksa dh

lfoZflt ge Vsdvksoj djrs gSa ysfdu og MhuksfVQkbZ ugha gksrh gS vkSj mldh fcfYMax ,DVhfoVht Mh-Mh-

,- ds ikl gh jgrh gS A bl ckjs esa dkyksuh dks MhuksfVQkbZ djus ds fy, Mh-Mh-,- ls vuqjks/k fd;k tk

ldrk gS A fiNys dbZ lkyksa esa dbZ ,fj;k Mh-Mh-,- }kjk MhuksfVQkbZ fd;s Hkh x;s gSa A

&2&

Jh fot; izdk’k ik.Ms; us vius {ks= dh nks dkyksfu;ksa dk ftdz djrs gq, dgk fd bu dkyksfu;ksa

esa fiNys 13&14 lky ls fuxe lsok,a ns jgk gS ysfdu tc bu dkyksfu;ksa esa ,D’ku ysus dh ckr gksrh gS

rks Mh-Mh-,- dgrk gS fd ;g MhuksfVQkbZM gS vkSj ;gka dk;Z fuxe us djuk gS A vkSj ;fn dgha U;k;ky;

dk ekeyk gksrk gS rks Mh-Mh-,- bls fuxe ds ikl crkrk gS vU;Fkk Lo;a Hkouksa ds uD’ks ikl djds jktLo

vftZr dj jgk gS A cgqr ls {ks= ,sls gSa tks fMuksfVQkbZM gS ysfdu fuxe dks mudh fcfYMax ,DVhfoVht

ugha nh xbZ gSa A bl fo”k; esa ,d uhfr cuuh pkfg, fd tgka fuxe viuh lsok,a ns jgk gS ml {ks= dh

fcfYMax ,DVhfoVht fuf’pr ,d le;kof/k esa fMuksfVQkbZ gksus ds ckn fuxe dks feyuh pkfg, A ;fn

fuxe ogka lsok,a ns jgk gS rks ogka ls jktLo vftZr djus dk vf/kdkj Hkh fuxe ds ikl gh gksuk pkfg, A

lqJh Å”kk esgrk us mu dkyksfu;ksa dh tkudkjh pkgh tgka lsok,a rks fuxe ns jgk gS ysfdu

fcfYMax ,DVhfoVht Mh-Mh-,- ds ikl gSa

Jh i`Foh flag jkBkSj us Hkh tkuuk pkgk fd mRrjh fnYyh uxj fuxe esa ,slh fdruh dkyksfu;ka gSa

tks MhuksfVQkbZ ugha gSa A

eq[; uxj fu;kstd us mijksDr tkudkjh miyC/k djkus dk vk’oklu fn;k rFkk tkudkjh nh fd

MsoysiesUV ,fj;k esa fcfYMax jsxqys’kUl vkSj vuf/kd`r fuekZ.k gVkus dk dk;Z Mh-Mh-,- gh djrh gS A

vfrfjDr vk;qDr ¼vfHk;kfU=d½ us lfefr dks voxr djk;k fd dkyksuh dks MhuksfVQkbZ djus ls

igys gLrkarfjr fd;k tkrk gS A gLrkarj.k ds le; iz’u gksrk gS fd vkt dh rkjh[k esa tks vfrdze.k

rFkk vuf/kdr̀ fuekZ.k gS mls dkSu gVk;sxk A blds vfrfjDr dkyksuh dks Vsdvksoj djrs le; fuxe

eSfiax djrk gS fd vkt dh rkjh[k esa vfrfjDr fuekZ.k fd;k x;k gS ;k ugha A ckn esa dkyksuh dks

MhuksfVQkbZ dj fn;k tkrk gS A ysfdu fuxe ds ikl vHkh ,slh cgqr lh dkyksfu;ka gSa tks MhuksfVQkbZ

ugha gqbZ gSa A ,slk izrhr gksrk gS fd ;s dkyksfu;ka iw.kZ gks x;h gSa ysfdu ;s MhuksfVQkbZ ugha gqbZ gSa A pwafd

;s dkyksfu;ksa MhuksfVQkbZ ugha gqbZ blfy, vkt Hkh buds fcfYMax Iyku jsxqys’kal Mh-Mh-,- ds ikl gSa A

,slh dkyksfu;ksa dh lEHkkouk cgqr de gS fd os fMuksfVQkbZ gks xbZ gksa vkSj muds fcfYMax Iyku Mh-Mh-,-

ds ikl gksaA vHkh Hkh ,slh cgqr lh dkyksfu;ka gS tks fMuksfVQkbZ gks xbZ gSa exj fuxe ogka lqfo/kk,a ugha ns

ik jgk gS A blds vfrfjDr ,slk yhxyh lEHko ugha gS fd MhuksfVQkbZM dkyksuh esaa Mh-Mh-,- fcfYMax

jsxqys’kal ikl djs A mUgksaus ;g Hkh dgk fd ,slh dkyksfu;ksa dh lwph miyC/k djokbZ tk ldrh gS tks

Mh-Mh-,-}kjk fuxe dks gLrkarfjr ugha dh xbZ gSa A

Jh i`Foh flag jkBkSj us lq>ko fn;k fd bl leL;k dk gy fudkyus ds fy, mijkT;iky egksn;

ds ikl ,d ehfVax j[kh tk, ftlesa v/;{k] LFkk;h lfefr lRrk i{k rFkk foi{k ds lnL; rFkk Mh-Mh-,-

ds Hkh vf/kdkjh feydj r; djsa fd Mh-Mh-,- dc fcfYMax ,DVhfoVht fuxe dks lkSai jgh gS A

vfrfjDr vk;qDr ¼vfHk;kfU=d½ us dgk fd ;g elyk bruk lk/kkj.k ugha gS A bu dkyksfu;ksa esa

vfrdze.k gS A Mh-Mh-,- fcuk eSfiax ds dkyksfu;ka fuxe dks nsuk pkgrk gS A bl izdkj dkyksfu;ka ysus ls

vfrdze.k fuxe ds ftEes vk tk,xk A fuxe pkgrk gS fd ;k rks vfrdze.k gVk dj ;k eSfiax djds bu

dkyksfu;ksa dks gLrkarfjr fd;k tk, A eSfiax uk gksus ds dkj.k Hkh cgqr lh dkyksfu;ksa dk gLrkarj.k ugha

gks ik jgk gS A

izeq[k vfHk;Urk us tkudkjh nh fd Mh-Mh-,- dkyksfu;ksa esa MsoysieSUV odZ dk uksfVfQds’ku igys

gks tkrk gS A mlds mijkUr fcfYMax ,DVhfoVht dk fMuksfVfQds’ku gksus esaa dbZ o”kZ yx tkrs gSa A blds

vfrfjDr yht gksYM izksiVhZt ds ,xzhesUV esa fy[kk gksrk gS fd voS/k fuekZ.k ugha fd;k tk,xk A ;fn gksrk

gS rks Mh-Mh-,- gLrkarj.k ds ckn Hkh ,D’ku ysrk gS A

&3&

Jh fot; izdk’k ik.Ms; us vius fopkj O;Dr djrs gq, dgk fd voS/k fuekZ.k ,oa vfrdze.k

dkyksfu;ksa ds gLrkarj.k ds nks eq[; eqn~ns gSa A vkt ds le; ,slh dksbZ dkyksuh ugh gS tgka vfrdze.k

uk gks A igys Hkh ,fQMsfoV ysdj gS.Mvksoj Vsdvksoj gqvk gS A Mh-Mh-,- ls ,slh vis{kk djuk xyr gS fd

og vfrdze.k gVkdj fuxe dks dkyksfu;ka gLrkafjr djsxk A bl leL;k ds lek/kku ds fy, fuxe rFkk

Mh-Mh-,- nksuksa dks FkksM+k mnkj joS;k viukuk gksxk A

Jh eqds’k xks;y us lq>ko fn;k fd bl leL;k ds lek/kku ds fy, igys vk;qDr Lrj ij cSBd

gks rRi’pkr~ gh mijkT;iky egksn; ds lkFk cSBd j[kh tk;s A

lqJh Å”kk esgrk us ifCyd ikVZujf’ki esa cuk;h tkus okyh 6 ikfdZXal lkbZVl dk eqn~nk mBkrs

gq, tkuuk pkgk fd oks ikfdZXal fiNys nks lky ls txg miyC/k gksus ds ckotwn D;ksa :dh gqbZ gSa A D;k

bl ekeys esa vf/kdkjh oXkZ }kjk dksrkgh cjrh tk jgh gS A mUgksaus fo’ks”k :i ls dhfrZ uxj dh ikfdZXk

lkbZV ds ckjs esa tkudkjh pkgh A

v/;{k us ;s ikfdZXl lkbZV~l vfoyEc cukus dk vkns’k fn;k A

Jh i`Foh flag jkBkSj us voS/k ikfdZax dk eqn~nk mBkrs gq, dgk fd ihjkx<+h fLFkr m|ksx uxj

bUMfLVª;y ,fj;k esa Mh-Mh-eksVlZ ,oa fgefxjh eksVlZ ds lkeus voS/k ikfdZx py jgh gS A mUgksaus ogka ls

bl voS/k ikfdZax dks gVokus dk vkxzg fd;k A

Jh eqds’k xks;y us ikfdZax ds ckjs esa dgk fd dbZ ikfdZaXk ,slh gSa ftudk mn~?kkVu gq, Hkh ,d

o”kZ ls vf/kd le; gks pqdk gS vkSj f’kykU;kl iRFkj Hkh yx pqds gS ysfdu os ikfdZax vkt rd pkyw ugha

dh xbZ gSa A ,d rjQ rks yksxkssa ls dUotZu pkftZt fy;s tk jgs gSa ysfdu nwljh rjQ mudks

ikfdZax&lqfo/kk miyC/k ugha djok;h tk jgh gS A voS/k ikfdZax ds ckjs esa mUgksaus dgk fd flfod lSUVj ds

lkeus fLFkr jkeyhyk eSnku esa voS/k ikfdZax py jgh gS tcfd ogka FkksM+k lk fgLlk gh oS/k ikfdZax dk

gS A Jh xks;y us bl ckr ij jks”k Hkh O;Dr fd;k fd ;w-vkj-,e- ds vUrxZr dksbZ VS.Mj ugha yx jgk

gS A cMs VS.Mj gks ugha jgs gSa A ik”kZnksa ds NksVs dk;Z Hkh tc ugha gks ik;sxsa rks ik”kZn fdl izdkj vius {ks=

esa tk;sxsa A lEcfU/kr vf/kdkjh }kjk nks&<kbZ eghus igys VS.Mj gksuk crk;k tkus ij mUgksaus ,sls ekeyks

dks iVy ij izLrqr djds ;k ,UVhflis’ku ,izwoy ysdj ;Fkk’kh?kz fuiVk;k tkus dk vkxzg fd;k A

Jh i`Foh falag jkBkSj us dgk fd ;equk ,D’ku Iyku ds vUrxZr ySfVªu Cykd cuk;s x;s Fks A vc

;s ySfVªu Cykd iz;ksx esa ugha vk jgs gSa rFkk vlkekftd rRoksa }kjk budk nq:Ik;ksx fd;k tk jgk gS A

mUgksaus bu ySfVªu Cykdksa dks rqM+okdj miyC/k [kkyh LFkku dk iz;ksx vU; dk;ksZ tSls ikdZ] vksYM ,t

gkse] fte ;k rj.krky vkfn cukus ds fy, lq>ko fn;k A

v/;{k ds vkns’k ij lEcfU/kr vf/kdkjh us lfefr dks crk;k fd bu lkbV~l dk losZ djok fy;k

x;k Fkk A tksUl ls tks fjiksVZ vkbZ Fkh mlesa oSdfYIkd iz;ksx ds :i esa vf/kdka’k dk iz;ksx leqnk; Hkou

fy[k dj vk;k Fkk A pwafd lHkh lkbV~l ij leqnk; Hkou cukuk lEHko ugha gS A blfy, budk dksbZ vU;

iz;ksx tkuus ds fy, nksckjk losZ djok;k tk jgk gS A tSls gh fjiksVZ izkIr gksxh ekeyk LFkk;h lfefr ds

le{k izLrqr dj fn;k tk,xkA

v/;{k us dgk fd bu ySfVªu Cykdl ds LFkku ij D;k cuk;k tk, ;g ckn dk fo”k; gS A lcls

igys bu ySfVªu Cykdl dks rqM+okdj txg dks lkQ djok;k tk;s A

&4&

v/;{k ds vkns’k ij vfrfjDr vk;qDr ¼vfHk;kfU=d½ us crk;k fd ;g fu.kZ; fy;k x;k gS fd bu

ySfVªu Cykdl dks rksM+rs le; budk oSdfYid iz;ksx Hkh lkFk ys fy;k tk, A ;fn ;gka ikdZ cukuk gS rks

og LFkku iwjk lkQ djuk gksxk A ;fn vksYM ,t gkse ;k ckjkr?kj cuk;k tkuk gS rks dejksa vkfn dk

iz;ksx gks ldrk gS A tksUl ls vkbZ fjiksVZ ds vk/kkj ij ,d tksu esa 17 ;k 18 leqnk; Hkou ugha cuk;s

tk ldrs A mUgksaus bl lUnHkZ esa ,d fiz,Ecy nks lIrkg ds vUnj LFkk;h lfefr ds le{k ykus dk

vk’oklu fn;k A

lqJh uhye /kheku us iSa’ku ds ekeys dh tkudkjh ekaxrs gq, dgk fd 700 ls vf/kd QkeZ tek

djok fn;s x;s gSa ftUgsa ,d ekg dk le; gks x;k gS ysfdu iSa’ku ugha fey jgh gS A

vfrfjDr vk;qDr ¼vfHk;kfU=d½ us crk;k fd iSa’ku ds ekeys esa 6 eghus ds fy, 750 QkeZ izfr

okMZ ysus ds Li”V funsZ’k gSa A leqnk; lsok foHkkx dks iSa’ku tkjh djus ds vkns’k ns fn;s x;s gSa A blds

vfrfjDr lHkh tksuksa dks ;g lwpuk Hkh ns nh x;h gS fd lh-,l-ch- dk 10 :0 okyk izek.ki= uk fy;k

tk, rFkk ,fQMsfoV ds fy, fdlh ij ncko uk Mkyk tk, A

Jh i`Foh falag jkBkSj us iSa’ku nsus esa vk jgh ijs’kkfu;ksa ds ckjs esa dgk fd vHkh tksu esa fyf[kr

vkns’k ugha iagqps gS blfy, os ekSf[kd vkns’kksa dks ugha eku jgs gSa A blds vfrfjDr 50 izfr’kr foDykaxrk

dk izek.k&i= ekaxk tk jgk gS tcfd 40 izfr’kr foDykaxrk dk fu.kZ; LFkk;h lfefr esa gks pqdk gS A

vk;q ds izek.k gsrq jk’ku dkMZ ,oa oksVj dkMZ nksuksa gh ekaxs tk jgs gS tcfd ;g ,d gh gksuk pkfg, A

Jh eqds’k xks;y }kjk ;g dgus ij fd iSa’ku ekeys dk ifji= tkjh djus ij funs’kd] leqnk;

lsok rFkk vfrfjDr vk;qDr ¼vfHk;kfU=d½ ds c;ku esa fHkUurk gS] v/;{k us dgk fd foDykaxrk izfr’kr dks

40 izfr’kr djus ds LFkk;h lfefr ds fu.kZ; okyh feuVl leqnk; lsok foHkkx dks dy fHktok nh xbZ gSa

rFkk vkns’k fudky fn;s tk,axs A mUgksaus ;g Hkh dgk fd ik”kZnksa ds ikl ftrus iSa’ku QkeZ miyC/k gS os

10 Qjojh rd tek djk nsa rkfd iSa’ku dh dk;Zokgh esa vuko’;d nsjh uk gks A

Jh fot; izdk’k ik.Ms; us ck;ksehfVªd gkftjh dk ekeyk mBkrs gq, dgk fd ;g lqfuf’pr fd;k

tk, fd tks deZpkjh vius dk;Z ij ugha igaqprs mudh gkftjh u n’kkZ;h tk;s A

dk;Zlwph dh en la[;k 2 ¼Hkkx&x½ ij tkudkjh nsrs gq, eq[; uxj fu;kstd us crk;k fd ;g

tokgj uxj dk cgqr iqjkuk ys&vkmV Iyku gS A orZeku iziksty vkosnudrkZ dh rjQ ls vkosnu gSA

vkosnd }kjk 1 twu] 2012 dks ,Iyhds’ku yxkbZ xbZ A fnlEcj] 2010 esa bldh fcfYMax Iyku fjtsDV

blfy, gqvk Fkk fd ys&vkmV Iyku esa ;g IykV ,d fn[kk;k x;k Fkk A blesa ‘kk;n bUeQesZ’ku xSi gS

blfy, fjtsDV fd;k x;k Fkk A ckn esa ;g fjdkMZ esa yk;k x;k fd 1937 esa ,d ckj fcfYMax Iyku ,izwo

gqvk Fkk A mlh dks vkxs c<+krs gq, dksVZ us vkns’k fd;s Fks fd fcfYMax Iyku Lohd`r fd;k tk, A ekpZ

2012 esa ch-ih-lh }kjk fu.kZ; fy;k x;k fd vkosnd fuxe dks vkosnu djsxk tks mlus 1twu] 2012 dks

fd;k A bl ekeys esa nsjh gqbZ Fkh blfy, voekuuk dk ekeyk cu x;k Fkk A pwafd fcfYMax Iyku igys gh

Lohd`r gS vkSj blds lkFk yxrs IykV dh fcfYMax Iyku dks fuxe us ikl fd;k Fkk blfy, ;g fu.kZ;

fy;k x;k gS fd bls ys&vkmV Iyku esa lfEefyr djus dh flQkfj’k dj nh tk, A blhfy, ;g ekeyk

Lohd`fr gsrq LFkk;h lfefr ds le{k yk;k x;k gS A

blh fo”k; ij vfrfjDr vk;qDr ¼vfHk;kfU=d ½ us crk;k fd vkosnd us vkosnu fcfYMax Iyku dk

fn;k gS ys&vkmV dk ugha A fcfYMax Iyku desVh us bls blfy, fjtsDV fd;k fd ys&vkmV esa bl IykV

dh vyx ls igpku ugha gSA

&5&

blh chp Jh fot; izdk’k ik.Ms; us dgk fd bl ekeys esa vf/kdkjhx.k ,d ckj dqN LVs.M ys

jgs gS rFkk ,d ckj dqN A bl joS;s ls fuxe dh Nfo [kjkc gksrh gS A dksVZ ds vkns’kksa ds dkj.k gh bl

en dks LFkk;h lfefr ds le{k yk;k x;k gS A mUgksaus ;g Hkh dgk fd ;fn vf/kdkjhoxZ ;g Lohdkj dj

ys fd bl ekeys esa mudh rjQ ls f’kfFkyrk cjrh xbZ gS rks LFkk;h lfefr bl en dks ikl djus dks

jkth gS A

vfrfjDr vk;qDr ¼vfHk;kfU=d½ us Jh ik.Ms; ls vlgefr trkrs gq, dgk fd blesa vf/kdkfj;ksa

dh vksj ls dksbZ f’kfFkyrk ugha cjrh xbZ gS cfYd blesa rduhdh [kkeh gS A vkosnd }kjk fcfYMax Iyku

Lohd`r djus ds fy, vkosnu fn;k x;k A fuxe dh fcfYMax Iyku desVh us bls vLohdr̀ dj fn;k fd

;g vyx IykV ugha gS A IykV lc&fMokbfMM Fkk D;ksafd QhYM esa ?kj Fks ijUrq ys&vkmV Iyku esa ,d

IykV Fkk A fcfYMax Iyku desVh us ml ys vkmV dks ns[kk A pwafd ys&vkmV esa ;g vyx ugha Fkk blfy,

bldks vLohd`r fd;k x;k A vkt ys vkmV dks blfy, Lohdkj fd;k tk jgk D;ksafd QhYM esa ;g

ifjorZu 1938 ls fn[kkbZ ns jgk gS A vkosnd dks vkosnu nsuk pkfg, Fkk vkSj ys vkmV esa ,d ykbZu Mky

nh tkuh pkfg, Fkh A ;g lR; gS fd QhYM esa ;g IykV 2007 ls iwoZ vyx vfLrRo esa Fkk A blfy,

bldks Lohdkj fd;k tk jgk gS A dksVZ esa geus dgk fd vkosnd dks vkosnu djuk pkfg, A twu esa

vkosnd us vkosnu fn;k rFkk vxLr esa ys vkmV desVh us bls Dyh;j fd;k A ;g ,d rduhdh ekeyk gS

rFkk dgha Hkh foHkkx dh f’kfFkyrk izrhr ugha gksrh A

Jh ik.Ms; us dgk fd vfrfjDr vk;qDr us ;g rks ekuk fd ys vkmV Iyku ikl djuk ;k mlesa

dksbZ cnyko djuk LFkk;h lfefr dk vf/kdkj gS A ysfdu bls ^lctSDV Vw* djds igys ikl dj fn;k

x;k D;ksafd vf/kdkjh ;g ekudj pyrs gSa fd LFkk;h lfefr ls rks ;g ikl gks gh tk,xk A ;fn v/;{k]

LFkk;h lfefr ls iwokZuqefr yh xbZ gksrh rks mls Hkh ekuk tk ldrk Fkk A ewy iz’u ;gh gS fd LFkk;h

lfefr dh vuqefr ds fcuk fcfYMax Iyku ikl dj fn;k x;k rFkk vf/kdkfj;ksa }kjk LFkk;h lfefr dh

‘kfDr;ksa dk iz;ksx fd;k x;k A

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.


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. Item No.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.


-6-

Item No.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

Bodie s and Augment Resources.


NEW CASES

Item No.73 Regarding granting pay scale of Rs. 5500-9000 (Pre-revised) to Laundry Supervisor-cum-Mechanic w.e.f.1.1.1996 in compliance of Hon’ble CAT orders in TA No. 617/2009.

Reso.No. 221 Resolved that it be recommended to the Corporation that proposal of the

Commissioner as contained in his letter No. F.33/Health/NDMC/409/C&C dated 9.1.2013 for granting pay scale of Rs. 5500-9000 (pre-revised) to the Laundry Supervisor-cum-Mechanic w.e.f. 1.1.1996 as per orders dated 4.8.2009 of Hon’ble CAT in TA No. 617/2009, as detailed in the aforesaid letter, be approved.

PLACED ON TABLE

Item No.74 Promotion of Audit Officer to the post of Senior Audit Officer in the Pay Band 3: 15600-39100 with Grade Pay Rs. 5400/- on regular basis. Reso.No. 222 Resolved that it be recommended to the Corporation that proposal of the

Municipal Chief Auditor as contained in his letter No. MCA’s letter o.MCA/Admn./ PCA/ 3-32/Vol.II/811 dated 15.1.2013 regarding promotion of Audit Officers as Senior Audit Officers in the Pay Band 3: Rs.15600-39100 with Grade Pay Rs. 5400/- from the date of taking over of the charge of the post of Senior Audit Officer, as detailed in the aforesaid letter, be approved.

Item No.75 Exchange of land on Qutab Road and Ajmeri Gate with Railway’s land required for the projects of Kishan Ganj RUB and Grade Separator.

Reso.No. 223 Resolved that it be recommended to the Corporation that proposal of the

Commissioner as contained in his letter No. F.33/Engg./NDMC/461/C&C dated 29.1.2013 regarding exchange of land on Qutab Road and Ajmeri Gate with Railway’s land required for the projects of Kishan Ganj RUB and Grade Separator, as detailed in the aforesaid letter, be approved.

Item No.76 Framing of guidelines/criteria for registration of Non-motorized vehicles (Cycle

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


-7-

Item No.77 Payment to paramedical contract Staff.

Reso.No. 224 Resolved that it be recommended to the Corporation that the following

resolution moved by Ms. Neelam Dhiman and seconded by Ms. Usha Mehta regarding payment to paramedical contract staff, be approved:-

“Whereas the North Delhi Municipal Corporation follows the norms setup by the Delhi Government for payment of contract staff.

Whereas under the order No. F.1(550)/TRC/H&FW/2012/12026-12061 dated 19.11.2012 issued under the signature of Special Secretary Health and Family Welfare Government of NCTD following remuneration will be paid to the paramedical staff engaged on contract basis with immediate effect:-

i. Basic Pay ii. Grade Pay iii. Dearness Allowance iv. Nursing Allowance (For Nurses) v. Patient care Allowance ( For other than Nurses) vi. Uniform Allowance vii. Washing Allowance viii. House Rent Allowance ix. Transport Allowance

Paramedical staff engaged on contract basis will get pay at the minimum of the pay band of the respective/corresponding post. They will not be entitled to increment in pay or promotion or regularization in service.

This meeting of the Standing Committee therefore resolves and recommends to the Corporation that the paramedical staff engaged on contract basis under the North Delhi Municipal Corporation be paid on the basis of the order No. F.1(550)/TRC/H&F2012/12026-12061 dated 19.11.2012 issued under the signature of Special Secretary Health and Family Welfare Government of NCTD.”

Annexure:

GOVT. OF NCT OF DELHI DEPARTMENT OF HEALTH & FAMILY WELFARE

9TH LEVEL, A-WING, I.P.ESTATE, DELHI SECRETARIAT, DELHI-110002

No. F.1(550)/TRC/H&FW/2012/12026-12061 Dated 19.11.2012

ORDER

Approval of the competent authority is hereby conveyed for payment of the following remuneration to the paramedical staff engaged on contract basis by the Health & Family Welfare Department, Government of NCT of Delhi, with immediate effect:-

i. Basic Pay ii. Grade Pay iii. Dearness Allowance iv. Nursing Allowance (For Nurses) v. Patient care Allowance ( For other than Nurses) vi. Uniform Allowance vii. Washing Allowance viii. House Rent Allowance ix. Transport Allowance

-8- Paramedical staff engaged on contract basis will got pay at the minimum

of the pay band of the respective/corresponding post. They will not be entitled to increment in pay or promotion or regularization in service.

This issues with the concurrence of the FD vide U.O. No. 624/DS-I dated 16.11.2012.

Sd- (SUDHIR KUMAR)

SPECIAL SECRETARY HEALTH & FAMILY WELFARE

Copy of Dean/Directors/Medical Superintendents/Principals of all Medical Colleges/Hospitals/Medical Institutions Under the Govt. of National Capital Territory of Delhi.

Copy for information to:-

1. Pr. Secretary to LG, Delhi. 2. Pr. Secretary to CM, Delhi. 3. Secretary to MOH, Delhi 4. OSD to Chief Secretary, Delhi

Sd- (SUDHIR KUMAR)

SPECIAL SECRETARY HEALTH & FAMILY WELFARE

PART-B

Item No.104 Improvement of internal lanes by providing RMC and drainage system in CC Block in Shalimar Bagh C-55 in Rohini Zone

Reso.No. 225 Resolved that the proposal of the Commissioner as contained in his letter

No.F.33/Engg./NDMC/364/C&C dated 19.12.2012, be approved.

Item No.105 Improvement & Strengthening of 45’ & 30’ ROW road in Saraswati Vihar in Ward No. 60 in Rohini Zone.

SH: Strengthening of carriageway. Reso.No. 226 Resolved that the proposal of the Commissioner as contained in his letter

No. F.33/Engg./NDMC/366/C&C dated 19.12.2012, be approved.

Item No.106 Construction of drain and side berm from B-2/1 to 14, B-3/34 to B-4/1 to 4/17, C-1/37 to C-2/7, BC-30 to C-1/18, BC-15 to B-6/17, C-1/8 to C-1/22, BC-16 to C-122, C-2/1 to C-2/7, C-1/23 to C-5/15, C-1/23 to park, C-5/15 to C-5/1 and opposite C-5/1 to C-5/15 in Mianwali Nagar in C-42/Rohini Zone in Peera Garhi.


No. F.33/Engg./NDMC/378/C&C dated 20.12.2012, be approved. Item No.107 Providing and laying of RMC from H.No 1129 to 1149,1153 to 1184, 821 to 805,

705 to 737, 797 to 765, 605 to 589, 88 to 609, 429 to 497 501 t0 609 229 to 309, 313 to 325, 329 to 337 in GH-14 Pascim Vihar and 1029 to 1049, 1017 to 997, 921 to 941, 945 to 957 965 to 981, 941 to 913, 817 to 833, 837 to 853, 857 to 877, 857 to 893, 897 to 913, 673 to 861, 657 to 645, 689 to 677, 533 to 557, 509 to 481, 361 to 389, 393 to 409, 389 to 409, 141 to 113, 109 to 93, 93 to 161, 145 to 150, 1 to 37 and 189 to 225 in GH-13 Paschim Vihar in C-41/ Rohini Zone in Guru Harkishan Nagar.



-9- Item No.108 Construction of 39 Classrooms, 1 Hall and 20 Seater Toilet Block in M.C.Pry.

School at Jahangirpuri, E-Block in Civil Lines Zone. SH: Construction of Boundary wall, Development of Ground and other

miscellaneous works. Reso.No. 229 Resolved that proposal of the Commissioner as contained in his letter


Item No.109 Re-Construction of Gym at E-Block, Kamla Nagar in C-69/CLZ. Reso.No. 230 Resolved that the proposal of the Commissioner as contained in his letter


Item No.110 Construction of Mother and Child Welfare Centre at A-Block in (Jahangirpuri) Sant Ravidas Nagar CLZ.


No. F.33/Engg./NDMC/386/C&C dated 21.12.2012, be approved. Item No.111 Imp. of road by pdg. RMC and raising of drain from Dhanno House to Nirmala

House and Puri Property to Kureni Road, Punjabi Colony, Gali No. 6 Shivaji Nagar, Sushil House to Raj Kumar House, Sultan House to Satbir House, Bhupender House to Shakuntla House and pdg. Interlocking tiles from Railway Xing to Bank of Baroda in Indra Colony, Narela in C-1.



PLACED ON TABLE Item No.112 1. Strengthening of road by pdg. Dense carpeting from D-7 to D-21, D-71 to

D-67, D-115 to D-108, D-1 to D-116, D-43 to D-17, D-144 to D-18 in D-Block Mansarover Garden and 7/83 to C-58 in Sharda Puri and C-1/9 to C-3/20,H.No. 1 to 6/1 in C-Block Rajouri Garden in C-98/KBZ in Mansarover Garden.

2. Strengthening of road from F-1 to F-229 by pdg. Dense carpeting from in karampura in Ward No. 100/KBZ

SH: Strengthening of road from E-241 to G-135 by pdg. Dense Carpeting from in Karampura Ward No. 100/KBZ.


No. F.33/Engg./NDMC/446/C&C dated 28.1.2013 Item No.113 Strengthening of road by providing dense carpeting from A-3/232 to NDPL Sub-

Station, from DDA Market No. 8 to B-4/30 and from C-8/15 to C-8/28 in Sector 7 and from F-18/41 to F-18/60 in Sector8, Rohini in Naharpur. Commissioner’s letter No. F.33/Engg./NDMC/460/C&C dated 29.12.2012



Item No.114 Lift facilities in Co-operative Group Housing Societies.

Reso.No. 235 Resolved that the following resolution moved by Ms. Renu Gupta on

behalf of Dr. Shobha Vijender and seconded by Ms. Neelm Dhiman regarding lift facilities in Co-operative Group Housing Societies, be approved and sent to Commissioner for publishing a Public Notice in News Papers:-

“Whereas in the meeting held on 17th January 2013 of the Commissioner with Municipal Councillor Ward No.50 (Dr. Shoba Vijender) the following decisions have been taken after discussion, in respect of lift facilities in Co-operative Group Housing Societies.

-10-

It was desired by the Municipal Councilllor that provisio of lifts may be allowed in the Co-operative Group Housing Socieities on the analogy of lift provisions allowed in DDA Flats. It was further desired by the Municipal Councillor that additional FAR may be also be sanctioned for open space available in the Societies. It was informed by the E.E.(Bldg.)/HQ that for allowing the constructioin/instrallation of lifts in Co-operative Group Housing Societies as well as sanctioning of additional FAR, the Socieities first have to get their revised Layout Plan sanctioned from the Town Planning Department and thereafter, they have to approach the Building Department (HQ) for sanctioning of the building plans for installation of lifts and sanctioning of additional FAR.

Whereas the Co-operative Group Housing Societies may not be in the

knowledge of the procedure to be adopted for installing lifts in their Societies.

This meeting of Standing Committee therefore resolves that a public notice mentioning the procedure for providing lifts in Co-operative Group Housing Societies as has been approved in the meeting by the Commissioner in the above meeting may be published in the news papers for information of the concerned.”

Item No.115 To shift the dhalao located at A-Block entrance of Shastri Nagar in front of Mata Mandir Gulabi Bagh at Ward No. 73, Shastri Nagar, S.P.Zone to back side of existing location of dhalao on the Dariyae Nalla.

Reso.No. 236 Resolved that the following resolution moved by Ms. Neelam Dhiman and

seconded by Ms, Usha Mehta be approved and sent to Commissioner for implementation:-

“The said Dhalao is located at the main connecting road of Shastri Nagar. This is the entrance point of Shastri Nagar from Kalidass Marg. On the opposite side the Vaisno Mata Mandir is located. When area public is going to Mandir they have to use that road where dhalao is located. And in morning all the garbage splits on the road. Traffic jam for hours together is a regular feature on the road here more often when garbage is picked up from the dhalao and loaded in the truck.

The demand of the people of the area is that the aforesaid Dhalao should be shifted to back side of existing location of Dhalao on the Dariyae Nalla.

In the interest of area public, the Dhalao should be shifted as soon as possible.”

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.


NEW CASE Item No.3 Modification in the Layout Plan of Deen Dayal Upadhayay (DDU) Marg, New

Delhi. Reso.No. 237 Resolved that the proposal of the Commissioner as contained in his letter

No. F.33/CTP/NDMC/411/C&C dated 11.1.2013, be approved.

Municipal Secretarty Chairman Standing Committee North Delhi Municipal Corporation