2007/year wise/2003/27.06… · Web viewConfirmation and signing of the minutes of last ....

ITEM NO. 1

Confirmation and signing of the minutes of last Council’s Meeting No.

02/2003-2004 held on 28.05.2003 at 11-00 A.M., at Committee Room, Palika

Kendra, NDMC. (See pages 2 - 6)

COUNCIL’S DECISION

Minutes confirmed.

ITEM NO. 1 A

Confirmation and signing of the minutes of Council’s Special Meeting

held on 12.06.2003 at 11.00 A.M., at Committee Room, Palika Kendra, NDMC.

(See pages 7)


Minutes confirmed.

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NEW DELHI MUNICIPAL COUNCILPALIKA KENDRA : NEW DELHI

MINUTES OF THE COUNCIL’S MEETING NO. 02/2003-2004 DATED 28.05.2003 AT 11.00 A.M..

MEETING NO. : 02/2003-2004

DATED : 28.05.2003

TIME : 11.00 A.M.

PLACE : PALIKA KENDRA, NEW DELHI.

PRESENT :

1. Sh. R. Narayanaswami : Chairperson

2. Sh. Ram Bhaj : Vice-Chairman

3. Smt. Tajdar Babar : Member

4. Sh. M.P. Chawla : Member

5. Smt. Mohini Garg : Member

6. Sh. Pradeep Kaul Jalali : Member

7. Sh. Sanjiv Kumar : Secretary, N.D.M.C.

S. No. ITEM P R O C E E D I N G S

1. Confirmation and signing of the minutes of last Council’s Meeting No. 01/2002-2003 held on 23.04.2003 at 11-00 A.M., at Committee Room, Palika Kendra, NDMC.

Minutes of the last meeting confirmed.

2. REPLY TO ADMITTED QUESTIONS UNDER SECTION 28 OF THE NDMC ACT, 1994.

Reply to the admitted questions were given. However, while replying the supplementaries, the following decisions were taken :-

QUESTION NO. 1

1. In respect to the question regarding deputationists in Edn. Deptt., it was decided that a note be brought before the Council clarifying whether the teachers

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taken on deputation are from Delhi itself. It should also clarify why teachers were taken on deputation during summer vacation, when the school are closed, whether RRs for the post of teachers provide for deputation / absorption, reasons for taking cancer patient on deputation, and also reasons for absorption of Mrs. Neeta Baroka as TGT. The details of houses allotted to teachers on deputation be also given.

2. It was also decided that note should also include details of officers appointed on contract basis without availability of the vacancies.

3. It was further decided that deputationists who have completed 5 years tenure should be given a final extension preferably 3 months and be repatriated. Necessary intimation should be sent to the parent departments.

QUESTION NO. 2

It was decided that a note be brought before the Council giving details of Mochis as petitioners in Sodan Singh case, tehbazari rate and area allotted to them vis-a-vis other tehbazari holders, and the details of the petitioners before the Supreme Court who prayed for change of trade etc.

QUESTION NO. 3

It was decided that a Committee under the chairmanship of Financial Advisor be constituted to consider:

a) Recovery cases of dues from ex-allottees pointed out by Chief Auditor.

b) Status of cases of recovery of arrears of license fee / damages from existing allottees.

c) Status of cases where eviction /

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recovery orders have been passed by the Estate Officer but not implemented.

d) Review of cases of transfer / mutation / change of names etc. and steps to be taken to clear them in specific time frame indicated in citizen’s charter.

The Committee should give its report by 15.7.2003 after consideration of above and submit its report on action to be taken by Estate Deptt.It was also decided that Questions of Sh. M.P. Chawla, Member regarding Director (Project) will be taken up in next Council Meeting.

3. PROPOSALS FOR CONSIDERATION BY THE COUNCIL.

3 (i) (A-14)

Const. of a Multi-purpose hall at Laxmi Bai Nagar on the Bank of covered Khushak Nallah. - Revised Preliminary Estimate.

Resolved by the Council that administrative approval and expenditure sanction to the revised preliminary estimate amounting to Rs.88,38,200/- for the work of Const. of a multi-purpose hall at Laxmi Bai Nagar on the bank of covered Khushak Nallah, is approved.

3 (ii) (B-8)

Shifting of E.S.S. from Imtiaz Khan Marg to Pt. Pant Lane, New Delhi due to widening of Imtiaz Khan Road.

Resolved by the Council that administrative approval and expenditure sanction to the estimate amounting to Rs.78,67,500/- gross and Rs.77,68,000/- net for Shifting of ESS from Imtiaz Khan Marg to Pt. Pant Lane, is approved.

3 (iii) (V-4)

Declaration of Verandahs of various Markets in N.D.M.C area as Public Street.

Deferred.

3 (iv) (D-9)

Investment Policy of NDMC : Minutes of the meeting held under the said policy of the Council laid down by Resolution No. 3(iii) dated 5th

November, 1996 read with Resolution No. 3(i) dated 27th March, 2002.

Information noted.

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3(v) (C-12)

Contracts / Schemes involving an expenditure of Rs. 1 Lac but not exceeding Rs. 50 Lacs.

Information noted.

3(vi) (C-13)

ATR on the status of ongoing schemes/works approved by the Council.

Information noted.

3 (vii) (M-3)

Implementation of the Mid-Day-Meal Scheme.

Deferred. It was decided that this item be discussed separately in the meeting to be held in the chamber of the Chairman.

3 (viii) (E-6)

Cleaning, Sweeping and Maintenance of Charak Palika Hospital, Moti Bagh.

Deferred.

3 (ix) (M-4)

Status Report of distribution of Welfare Items to Students.

Information noted.

3 (x) (U-1)

Waiving off parking charges in respect of unclaimed Car/Scooters lying parked at under ground Palika Parking, Connaught Place, New Delhi for a long time.

Resolved by the Council that parking charges as mentioned in the preamble against each vehicle is waived off.

3 (xi) (K-4)

‘SAHYOG’-A Pilot Project to be run in collaboration with NGO Disha for women empowerment through training in innovative vocational skills and micro credit initiatives.

Deferred. However, it was decided that a note be brought before the Council giving detail of Schools entrusted to Rotary Club, their role, activities and functions.

3 (xii) (B-9)

Shifting of Electric Sub-Station at Palika Bazar basement to Ground Floor & Replacement of old HT/LT panels.

Resolved by the Council that administrative approval and expenditure sanction to the estimate amounting to Rs.39,55,500/- is accorded for Shifting of ESS at Palika Bazar Basement to Ground Floor & replacement of old HT/LT panels.

3 (xiii) (V-5)

Permission for installation of Cellular Towers / antennas in NDMC Area.

Deferred.

3 (xiv) (H-6)

Review of reservation of posts of Section Officer for Personal Assistants.

Deferred.

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4 . RESOLUTION U/S 23 OF THE NDMC ACT, BY SH. RAM BHAJ, VICE CHAIRPERSON, NDMC.

4 (i) (H-5)

Naming of Road in the name of veteran freedom fighter, Late Sh. Dataram Bhutani as “Dataram Bhutani Marg.

Resolved by the Council that, the unnamed road connecting Safdarjung Flyover – B.K. Dutt Colony Market – CPWD Guest House be named after the name of veteran freedom fighter, Late Sh. Dataram Bhutani, as DATARAM BHUTANI MARG.

( SANJIV KUMAR ) ( R. NARAYANASWAMI ) SECRETARY CHAIRMAN

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NEW DELHI MUNICIPAL COUNCILPALIKA KENDRA : NEW DELHI

MINUTES OF THE COUNCIL’S SPECIAL MEETING DATED 12.06.2003 AT 11.00 A.M...

PRESENT :

1. Sh. R. Narayanaswami : Chairperson

2. Sh. Ram Bhaj : Vice-Chairman

3.. Smt. Tajdar Babar : Member

4. Sh. M.P. Chawla : Member

5. Sh. Satish Chandra : Member

6. Sh. P.K. Pradhan : Member

7. Sh. Sanjiv Kumar : Secretary, N.D.M.C.

S.NO. ITEMS PROCEEDINGS

1. Implementation of the Mid-Day-Meal Scheme.

Deferred. The matter be brought before the Council again after obtaining revised menu from the M.C.D.

2. Resurfacing of Lanes and Service Roads in NDMC area. SH: Review of Periodicity of Resurfacing of Roads.

Resolved by the Council that the periodicity of resurfacing of roads as given in para 11 of the preamble is approved.It was further decided that the words “Colony Roads” be added at S. No. 4 after the works “Lanes/Service Roads”.


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ITEM NO. 2

REPLY TO ADMITTED QUESTIONS UNDER SECTION 28 OF

THE NDMC ACT, 1994.


Written reply to three admitted questions were given to Shri M.P. Chawla, Member. Another admitted question regarding regularization of shops will be replied in the next Council Meeting. The questions, however, could not be discussed and it was decided to take up all these questions for discussion in the next Council Meeting.

ITEM NO. 3

PROPOSALS FOR CONSIDERATION BY THE COUNCIL.

Contd……

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ITEM NO. 3 (i) (A-15)

PURCHASE AND DEMOLITION OF EXISTING STRUCTURE (PART ‘A’) AND CONSTRUCTION OF 50 BEDDED MATERNITY HOSPITAL AND STAFF QRS. AT KITCHNER ROAD, CHANAKYA PURI, NEW DELHI.(PART ‘B’). - TENDER THEREOF.

Administrative approval and expenditure sanction to the preliminary

estimate amounting to Rs.6,12,73,000/- (Six crores twelve lacs seventy three

thousand only) was accorded by the Council vide its Resolution No.3(V) dated

17.5.01. Detailed estimate amounting to Rs.4,81,38,200/-(Four crores eighty one

lacs thirty eight thousand two hundred only) was technically sanctioned by CE(C)

dated 30.10.2002. Survey report for dismantling the existing single storey

structure with a reserve price of Rs.5,23,792/- was approved by the Council vide

its Resolution No.3(XXII) dated 27.3.2002. Draft NIT amounting to

Rs.4,67,36,137/- for construction of 50 bedded maternity hospital and staff qrs.

was approved by CE(C) On 24.1.2003.

Pre-qualification of contractors for building work was done wherein 21 nos. of firms were selected for tendering for this work. Item rates sealed tenders for (i) Purchasing and demolition of existing structure (Part ‘A’) with reserve price of Rs.5,23,792/- and (ii) Construction of 50 bedded maternity hospital and staff qrs. At Kitchner Road (Part ‘B’) with an estimated cost of Rs.4,67,36,137/- were invited from 21 pre-qualified firms, keeping last date of receipt of application in Division Office, date of issue of tender documents and date of receipt of tenders as 26.2.2003, 26.2.2003 and 10.3.2003 respectively. Twenty firms had applied for issue of tender documents. Pre-bid conference for clarifying the queries of the tenderers was also held in Council Room on 5.3.2003 and the minutes of the same were also sent to all the 20 Firms and the date of opening of the tender was also extended from 10.3.03 to 24.3.03. On the date of opening of the tender it was seen that only 15 firms had submitted their tender. The comparative statement of the three lowest firms is as under:-

SN Name of firm

Total amount quoted

Rebate offer

Amount of rebate

Net amount after rebate

Less for part ‘A’

Net tendered amount Rs.

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1 Vir Bhan Mittal

4,49,98,174./- 1.85% 8,32,466/- 4,41,65,708/- 4,76,400/- 4,36,89,308/-

2 M/s. Sai Cons.

4,75,51,668/- 5.3% 25,20,238/- 4,50,31,430/- 5,38,000/- 4,44,93,430/-

3 M/sS.B.C India Ltd.

4,55,70,538/- Nil Nil 4,55,70,538/- 2,25,000/- 4,53,45,538/-

From the above statement it is seen that Vir Bhan Mittal has emerged to be

lowest tenderer. The net tendered amount of Vir Bhan Mittal has worked out to

Rs.4,36,89,308 which works out to 5.46% below the estimated cost of

Rs.4,62,12,345/- (Part B - Part A) i.e. Rs.4,67,36,137/- and Rs.5,23,792/-). The

justification of rates prepared by the field office on the basis of circulated and

prevailing market rates and checked by the SSW office works out to 12.39% above

the estimated cost.

The case has also been examined by the Finance vide their No.FA-1795

dated 4/17.6.03 and concurred as under the “lowest quoted rates are well

comparable with the trend of rates prevailing in CPWD and are within the justified

rates, we concur to the proposal of the department to accept the lowest tender of

Vir Bhan Mittal for Part ‘A’ and Part ‘B’ of the work at their over all tendered

amount of Rs.4,36,89,308/- (Rupees Four crores Thirty Six Lac Eighty Nine

Thousand and Three Hundred Eight Only) which is 5.46% below (five points forty

six percent) the estimated cost (over all) of Rs.4,62,12,345/- (Rupees Four Crores

Sixty Two Lac Twelve Thousand Three Hundred Forty Five only)”.

The Chairman has seen the case.

CHIEF ENGIEER (C)’S REMARKS :-

The case is placed before the Council for consideration and acceptance of

tender and award the work to the lowest tendere Vir Bhan Mittal at their overall

tendered amount of Rs.4,36,89,308/- (Four crores thirty six lacs eighty nine

thousand three hundred eight only) which is 5.46% below (Five point four six

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percent) below the overall estimated cost of Rs.4,62,12,345/-) (Four crores sixty

two lacs twelve thousand three hundred forty five only) for the work mentioned

above, as per details brought out in the preamble.


Resolved by the Council that the offer of the lowest tenderer M/s Vir Bhan Mittal at their overall tendered amount of Rs.4,36,89,308/- for part ‘A’ and ‘B’, which is 5.46% below the overall estimated cost of Rs.4,62,12,345/-, is accepted.

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ITEM NO. 3 (ii) (B-10)

ESTIMATE FOR ESTABLISHING NDMC`S 33KV SUBSTATION AT DOORDARSHAN BHAWAN, MANDI HOUSE, NEW DELHI.

The Prasar Bharti is constructing a major complex for T.V.Centre at

Mandi House, New Delhi and their full load demand has been intimated as 7000

KVA. The load of existing buildings at this complex to the extent of 2000 KVA

was released at 11KV, but their projected load demand of about 7000 KVA cannot

be released from existing NDMC 11KV mains in the area. Prasar Bharti are

pressing very hard for providing electric connections since their buildings are

nearing completion and it is understood that they have already applied for

completion certificate.

As per Council`s Reso.No. 3(iv), dated 20.04.2001 (placed at Annexure

See pages 16 – 22) for “Providing electric connection to different bulk

consumers of 33/66KV in NDMC area” in cases where NDMC 11KV mains are

not able to meet the load demand of consumer and where outgoing HT feeders

will be taken out for other consumers- land and building shall be provided and

maintained by the consumer free of cost and rent for 33KV OR 66KV substation

as per the requirement of NDMC. The entire cost of establishing 66/33KV

substation shall be borne by NDMC. However, cost of 11KV outgoing feeders

shall be borne by the consumer as per policy of Council for 11KV supply. The

consumers having load demand more than 4 MVA and not required to establish a

33kV substation shall be charged Rs.10.00 lacs per MVA OR part thereof for all

loads above 4 MVA towards the cost of 33KV substation. In case where 33KV

substation is dedicated exclusively for the building, the entire cost is borne by the

party.

The built up space for the proposed 33KV substation is being provided by

Prasar Bharti free of cost and rent to NDMC and the same has already been

constructed by them after getting necessary plans approved from C.A., NDMC

and the building is nearing completion. Accordingly, as per policy of Council, the

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33KV substation shall be installed at NDMC`s cost and NDMC shall also meet

outside load from this substation. Prasar Bharti will, however, be given deposit

estimate for 11KV outgoing service feeders to supply power to their building.

According to the policy of NDMC, a 33KV electric substation has been

proposed to be constructed at Doordrshan Bhawan, Mandir House, New Delhi at

an estimated cost of Rs.9.21 Crores to meet the load of Prasar Bharti Building and

other adjoining area such as additional load of Supreme Court, M.S. buildings at

Barakhamba Road /Sikandara Road/ Ferrozshah Road/ Lytton Road/ B.D. Road

and Bengali Market area etc. The estimate includes:-

(a) The cost of 2 No. 33KV main incoming feeders of size 400 sq.mm / 3 Core from our 66KV electric substations namely at B.D.Marg and School Lane.

(b) 2 No., 12.5/16 MVA, 33/11KV power transformers.

(c) 33KV GIS seven panel board including their C & R panels comprising

of:-

i) Incoming feeder panels 1250 Amperes……………2 No.ii) Outgoing panels for power transformers…………..2 No.

of 33/11KV 800 Amperes.iii) Outgoing feeder panel of 800 Amperes.…………...2 No.iv) Bus coupler panel 1250 Amperes…………………1 No.

(d) 2 No. 11KV, 350 MVA single bus bar SF-6/Vaccum indoor switchgear panel board each having thirteen panels including their C & R panels and other allied equipment.

This scheme of establishing a 33KV substation at Doordarshan Bhawan,

Mandi House, New Delhi has already been approved by Central Electricity

Authority as part of our Ninth Five Year Plan Scheme vide their letter

No.DPD/UT/312(DEL)/99/303, dtd.07.08.2002.

Finance have concurred in the above estimate amounting to Rs.9.21 Crores vide their Diary No.FA-1847, dtd.16.6.2003 with certain observations which are replied as under:-Sr.No. Observations of Finance Replies by the Department.1. Availability of funds under the

specific head of account.Funds are available under the Head: E-4-1 to the extent of Rs.150.00 lacs during this year. Provision will be kept in RE:2003-04 & BE:2004-05 to the extent required.

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2. Correctness of facts and information submitted by the Department

Facts and informations furnished is correct.

3. The department may ensure procurement of material keeping in view the progress of the Civil work from time to time.

Noted. The built up space for 33KV ESS has been provided free of rent and cost by the consumer and accordingly procurement action is being taken.

4. The decision for providing of 33KV GIS panels may be reviewed in the light of controversy arisen recently in the case of establishment of a new ESS at B.D.Marg (Electricity –II Deptt). There has been a difference of opinion among the members of the TEC and NTPC, the consultant. CEE-II has stated at page 17/N that Electricity-II Department has recommended to the conventional type 33KV panels for the s/s (B.D.Marg).

The decision for providing panels at 33KV substation at B.D.Marg and Church Road is being taken by CEE-II separately. However in this case, the scheme cleared by Central Electricity Authority, Govt. of India provides for GIS panels. The Technical Sub-committee appointed for this case consisting of SEE-IV, SEE-V, EE(E)C-VI and EE(E)Plng.33KV has also recommended for providing GIS panels as approved by CEA. Further Chairman, NDMC vide his orders dtd. 8.3.2001 ( Annexure Page 23 - 24) had approved provision of GIS panels at 33KV level. This estimate has been framed accordingly as per above decision and as approved by CEA.

5. CEE may sign the estimate in token of acceptance before submitting the case for approval of the Council

CEE-I has signed the estimate.

Since procurement of material takes considerable time to avoid delay in

establishing this 33KV electric substation , advance action has since been taken

with the concurrence of Finance dtd.10.12.1999 and prior approval of Chairman

NDMC dtd.14.12.1999 (at Annexure Page 25 - 29) for procurement of 33KV

HT cable of size 400 sq.mm / 3 Core and 33/11KV power transformers. The 400

sq.mm / 3 Core HT cable has since been procured and its laying will be taken in

hand shortly. Purchase Order for power transformer of 33/11KV, 12.5/16 MVA

has also been placed in March, 2003 with the approval of Council and the same

are expected to be received by September, 2003.

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The expenditure will be charged against the Budget provision of Rs.150.00

lacs kept for this work under the Budget Head :E-4-1 at Sr.No. 12, Page:109 of

B.Book:2003-2004. This budget provision will be suitably revised in the

RE:2003-2004 OR kept in BE:2004-2005 depending on the progress of works.


REMARKS OF THE CHIEF ENGINEER(E)I :-

The estimate for “Establishing a 33KV electric substation at Doordarshan

Bhawan, Mandi House, New Delhi may be noted to the Council for according

administrative approval and expenditure sanction to the estimate amounting to

Rs.9.21 Crores, as concurred in by Finance.


Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.9.21 crores for “Establishing a 33 KV Electric Substation at Doordarshan Bhawan, Mandi House, New Delhi.

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ITEM NO. 3 (iii) (B-11)

ANNUAL MAINTENANCE ESTIMATE FOR THE RUNNING AND MAINTENANCE OF ELECTRICAL SERVICES IN THE MUNICIPAL BUILDINGS (NORTH OF RAJPATH) DURING THE YEAR 2003-04.

The Electrical services such as Internal Electrical installation, D.G. sets,

A.C. Plants, Lifts, Pumps, etc. installed in Municipal Buildings existing in North of

Rajpath i.e. Palika Bazar, Mohan Singh Place, Chanderlok Building, Mayur

Bhawan, Shaheed Bhagat Singh Place, Pragati Bhawan, Indoor Stadium,

Polyclinic, Dispensaries, Schools, residential Complexes etc. are being maintained

by the E.E.(E) BM-I Division. For maintaining these services annual maintenance

estimates are being prepared by this division every year. Last year i.e. 2002-03,

an estimate amounting to Rs, 1,63,65,000/- which includes energy charges was

approved for the maintenance of these services in the above Municipal buildings.

For the current year i.e. 2003-04, an estimate amounting to Rs.

1,62,92,000/- including Energy Charges amounting to Rs.93,60,000/- has been

prepared for the maintenance of Electrical Services in the municipal buildings

existing in the North of Rajpath, on the basis of approved yardstick and the last

year’s requirements of various items required for day to day maintenance works.

This estimate has been concurred by the Finance department vide their Dy. No.FA-

1813/R-Elect. dated 17.6.03, subject to certain observations which are clarified as

under:-

S.No.

Observations of Finance Replies of the Department

1. Availability of funds Funds are available to the extent of Rs. 4.05 crores under the Head H-2-4 in BE 2003-04

2. Certification by the deptt. that the estimate is prepared strictly as per the Yardstick approved by the Council vide Reso.No.12 dated 27.12.88.

The estimate has been prepared on the basis of approved yardstick and the last year requirements of various items required for the day to day maintenance works.

3. Certification by the deptt. that no original nature work has been included in this estimate

It is certified that no original nature of work has been included in this estimate

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4. Contract works and procurement of material must be done by following codal procedures and rules.

The contract works and procurement of material will be done by following codal procedures and rules.

The expenditure of the above estimate will be met from the Budget

provision of Rs. 4.05 Crores under the Head: H-2-4 kept for “Maintenance of

electrical services in Municipal buildings” vide B.Book Page No.55 of 2003-

2004.


REMARKS OF CHIEF ENGINEER (E)-I :-

The case is noted to the Council for according administrative approval and

expenditure sanction to the estimate amounting to Rs. 1,62,92,000/- for the

“Maintenance of electrical services in Municipal Buildings (North of Rajpath)

during the year 2003-04.


Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.1,62,92,000/- for the “Maintenance of electrical services in Palika Kendra Building” during the year 2003-04.

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ITEM NO. 3 (iv) (B-12)

ANNUAL MAINTENANCE ESTIMATE OF ELECTRICAL SERVICES AT PALIKA KENDRA FOR THE YEAR:2003-2004.

Palika Kendra Building is provided with various electrical services like

central air-conditioning plant, central cold drinking water system, window air-

conditioners, electrical installation, D.G.Sets, passenger lifts, central exhaust

system, fire detection & alarm system and public address system etc. These

services are maintained by the Electricity Department for which Annual

Maintenance Estimate is prepared every year. An estimate amounting to

Rs.1,14,74,980/- including energy charges was approved during 2002-03.

Accordingly, an estimate amounting to Rs.1,53,44,000/- including energy

charges has been prepared for the year 2003-2004 for the maintenance of various

electrical services during the year. The estimate has been prepared based on the

approved yardstick. The increase in estimate over last year is due to increase in

electricity tarrif, additional electricity consumption due to provision of large

number of window air-conditioners, large number of computers and additional

equipment added like Central Server etc. etc.

The case was sent to Finance for concurrence in the above estimate.

Finance have now concurred in the estimate amounting to Rs.1,53,44,000/-

including energy charges vide their Diary No.FA-1733, dtd.09.06.2003 with

certain observations, the reply of which is as under :-

Sr.No. Observations of Finance. Replies by the Department.

1. Availability of funds. Funds are available to the extent of Rs.4.05 Crores under the Head:H-2-4 in BE:2003-2004.

2. Certification by the deptt. that the estimate is prepared strictly as per the Yardstick approved by the Council vide Reso.No. 12, dtd.27.12.88.

The estimate has been prepared as per the yardstick approved by the Council vide Reso.No.12, dtd.27.12.1988.

3. Certification by the deptt. that no original nature work has been included in this estimate.

It is certified that no original nature of work has been included in this estimate.

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4. Contract works and procurement of material must be done by following codal procedures and rules.

The contract works and procurement of material will be done by following codal procedures and rules.

The expenditure of the above estimate will be met from the Budget

provision of Rs.4.05 Crores under the Head: H-2-4 kept for “Maintenance of

electrical services of Municipal building” vide B.Book Page No.55 of 2003-2004.


REMARKS OF CHIEF ENGINEER(E)I

The case is laid before the Council for according administrative approval

and expenditure sanction to the estimate amounting to Rs.1,53,44,000/- for the

“Maintenance of electrical services in Palika Kendra Building” during the year

2003-2004.


Resolved by the Council that administrative approval & expenditure sanction is accorded to the estimate amounting to Rs.1,53,44,000/- for the “Maintenance of electrical services in Palika Kendra Building” during the year 2003-2004.

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ITEM NO. 3 (v) (B-13)

ANNUAL MAINTENANCE ESTIMATE OF ELECTRICAL SERVICES AT PALIKA PARKING FOR THE YEAR: 2003-04.

Palika Parking is provided with various electrical services like air-

conditioning, electrical installation, D.G. sets, passenger lifts, P.A.system etc.

These services are maintained by the Electricity Department for which Annual

Maintenance Estimate is prepared every year. During last year, the estimate

amounting to Rs.64,75,737/- including Rs.48,80,534/- for energy charges was

approved.

Accordingly, an estimate amounting to Rs.78,33,606/- has been prepared

for the year 2003-04 for the maintenance of various electrical services during the

year which includes Rs.55,00,000/- lacs for energy charges.. The estimate has

been prepared based on the approved yardstick. The estimate also include the cost

of casual labour.

The case was sent to Finance for concurrence in the above estimate.

Finance have now concurred in the estimate amounting to Rs.78,33,606/-including

energy charges vide their Diary No. FA-1572, dtd.27.05.2003 with certain

conditions, the reply of which is as under :-

Sr.No. Observation of Finance Replies by the Department.

1. Availability of funds. Funds are available to the extent of Rs.90.00 lacs under the Head:D-5(Electric) in BE:2003-04.

2. Certification by the department that the estimate is prepared strictly as per the yardstick approved by the Council.

The estimate has been prepared as per the yardstick approved by the Council vide Reso.No.12, dtd.27.12.1988.

The expenditure of the above estimate will be met from the budget

provision of Rs.90.00 lacs under the Head:D-5 (Electric) kept for “Maintenance of

electrical services of Palika Parking” vide Budget Book Page No. 51 of 2003-04.


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REMARKS OF CHIEF ENGINEER(E)I :

The case is laid before the Council for according administrative approval

and expenditure sanction of the above estimate amounting to Rs.78,33,606/- for the

“Maintenance of electrical services in Palika Parking” during the year 2003-2004.


Resolved by the Council that administrative approval & expenditure sanction is accorded for estimate amounting to Rs.78,33,606/- for the “Maintenance of Electrical services in Palika Parking during the year 2003-2004.

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ITEM NO. 3 (vi) (B-14)

RUNNING AND MAINTENANCE OF ROAD LIGHTING SYSTEM IN NDMC AREA DURING THE YEAR 2003-2004 - ESTIMATE.

The area of NDMC is very important being the capital. There are

residences and offices of High dignitaries of India like President of India, Prime

Minister and other cabinet ministers. More over there are also offices and

residences of High Commissioners/ Ambassadors of foreign countries. Therefore,

it is very necessary to maintain the road light system up to date and of a high

standard. There are about 17687 Nos. of road light poles on which 20090 Nos.

R/L fittings are installed. Road Lighting Division is also maintaining road light in

important Gardens like Lodhi Garden, Nehru Park, Talkatora Garden, Sanjay Park

etc. and in residential and commercial complexes. The Council vide Reso.

No.3(iv) dated 12.12.02 sanctioned an estimate amounting to Rs.5,00,60,000/-

including Energy Charges of Rs.3.37 crores for the maintenance of road lighting in

NDMC area during the year 2002-03.

To maintain the road light system in entire area of NDMC during the year

2003-2004, an estimate amounting to Rs.5,00,67,863/- including Energy Charges

of Rs.3,15,36,000/- was framed according to the requirement of materials and

works to be carried out departmentally and through contracts. The estimate is

covered in two parts.

Part I: - A provision of Rs.1,85,31,863/-has been made for various subjects

detailed below :-

A. Material/Annual Contract/Department Works :- This part of the

estimate covers the cost of the materials required for the day to day maintenance of

Road Lighting System in NDMC area. This part of this estimate also covers the

cost of the works to be done through annual contract/ department labour to keep

the proper maintenance of Road Lighting system. This part of the estimates

generally cover day to day maintenance of Road Lighting System i.e. for cleaning

of street lighting fittings and the defects, replacement of lamps, clearing of cable

faults, painting of poles and pillars etc. The major material shall be drawn from

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the electric stores and other materials as per requirement shall be procured from

the market as per the requirement. The rates taken for these items in this part are

based on the NDMC SIR approved rates/annual contract rates as provided by the

construction division etc. The work of this part shall be got executed either

departmentally or through contractors depending upon the nature of the work. The

cost of part ‘A’ is Rs. 83,79,988/-.

B. Contract Work :- This part of the estimate covers the cost of the

painting of RCC poles/steel tubular poles, Road Lighting fitting, provision for Anti

Theft Devices on the Road Lighting Poles to minimize theft of fitting and lamps,

replacement of poles, fitting, pillars, repairing of road lighting poles, replacement

of M.S. termination boxes with SMC boxes and making of CC plinths, earthing of

poles/pillars and any other repair as required for day to day maintenance of Road

Lighting System. This work shall also be carried out through contractors. The

cost of this portion is Rs. 71,21,480/-

C. Road Repairing charges :- This part of the estimate covers the cost of

the Road Repairing Charges including repairing of foot-path, Kucha portion etc.

These roads are cut for locating the cable fault/making of joints. The road

repairing is being done by the Civil Engineering Department and these expenditure

is transferred through T.E.O.. The total cost of this portion of the estimate has

been taken as Rs. 6,83,000/-.

D. Labour charges :- Under this part the provision of Rs. 23,00,270/- has

been made for making the payment to the casual labour. These muster-roll staff

shall be engaged for locating the cable fault of the Road Lighting System, cleaning

and painting of the poles/fitting, removal of the posters banners from poles and

pillars for the proper maintenance of the Road Lighting System of the NDMC area.

These labour shall also be engaged along with the regular labour for clearing Road

Lighting complaints and also attending the emergency duties etc. of the 8 zones of

this Division.

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E. Payable to B.S.E.S.:- This portion of the estimate cover the cost of

maintenance and electric consumption charges payable to B.S.E.S. in respect of the

maintenance of street lighting system of R.K. Puram Complex Qtr. in Sector-10.

The street lighting of this area is being maintained by B.S.E.S. since the area lies in

the jurisdiction of MCD. Therefore, energy street lighting charges are payable to

B.S.E.S. for which a provision of Rs. 47,125/- has been kept in the estimate.

Part II :- A provision of Rs.3,15,36000/- has been made in this part. The part

of the estimate covers the cost of the energy charges payable to

Commercial Department NDMC for the energy bills in respect of

the Road Lighting System of the NDMC area. This cost is transfer

to Commercial Department against the energy bills/TEO raised by

the department. This calculation has been made on the basis of

average consumption of the various type of lamps provided on the

poles.

The estimate amounting to Rs. 5,00,67,863/- (Part-I & Part-II) was framed

which has been concurred in by the finance department for Rs. 5,00,00,000/- vide

their diary no. FA-1344/R.Electric dated 27.5.2003 against the budget provision of

5,00,00,000/- in the budget for the year 2003-2004 under the head G-2-4 with

some observation/clarifications. The estimate has been amended, as concurred in

by fiannce.

The reply to the observation / clarification is given as under:-

Observations of finance Reply of the Department

1. Availability of funds Funds are available as per the budget book for the year 2003-2004 under the Head G-2-4 vide Page No. 54, for an amount of Rs,5 crores for this work.

2. Correctness of information submitted by the Department.

Information given in the estimate is correct.

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3. Certification by the department that no original nature work has been included in this estimate.

Certified that no original nature of work has been included in the estimate.

4. Contract works & procurement of materials must be done by following codal procedures.

Certified that codal procedure shall be followed for the contracts work and procurement of materials


REMARKS OF CE(E)-I :-

The case is noted to the council for according administrative approval and

expenditure sanction to the annual maintenance estimate amounting Rs.

5,00,00,000/- including Energy charges of Rs.3,15,36,000/- only as concurred in

by the finance department chargeable to budget head G.2.4. against which budget

provision is available.


Resolved by the Council that administrative approval & expenditure sanction is accorded to the annual maintenance estimate amounting to Rs.5,00,00,000/- (Five crore only) only as concurred in by the Finance Department chargeable to Budget Head G.2.4 against available budget provision.

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ITEM NO. 3 (vii) (B-15)

REVEWAL OF ANNUAL MAINTENANCE CONTRACT OF OTIS LIFTS IN VARIOUS MUNICIPAL BUILDINGS

The Annual Maintenance Contract of OTIS lifts in various municipal buildings is with M/s OTIS Elevators Company (India) Ltd. since their installation. The present maintenance contract with this Firm expired on 31.03.2003. The Firm vide their letter dated 20.01.2003 furnished their offer for renewal of the maintenance contract for a further period of five years w.e.f. 01.04.2003. The Firm has sought an increase of 7.5% every year on the last year approved rates in all the municipal buildings. The last contract was awarded to M/s OTIS Elevators in the year 2000 for a period of three years on an increase of 8% every year. Since the case for further extension could not be finalized up to 31.03.2003, the existing contract was extended for a period of three months i.e. up to 30.06.2003 on the same approved rates of last year after obtaining consent letter from the Firm for the same. The increase of 7.5% every year for further extension of the contract was considered reasonable and justified in view of the escalation in prices of various commodities and labour. As such the case was sent to Finance for their concurrence for renewal of the contract for a period of five years with an increase of 7.5% as per the offer of the Firm.

Finance have seen the case and concurred in the proposal of the Department to award the contract to M/s OTIS Elevators Company for a period of three years in place of five years with an increase of 7.5% in the rates every year subject to certain conditions. These conditions along with replies are as under :-

Finance Observations Reply(1) Soliciting administrative approval and expenditure sanction to the estimate, computation of annual figures and total amount for approval & eventual draft agenda furnishing budget head & ensuring availability of funds.

(I) The total amount for the maintenance contract for three years of all municipal buildings works out to Rs.57,12,324/-. This expenditure will be met from the Budget Head:H-2-4 having a provision of Rs.4.05 Crore for all electrical services during 2003-04 and subsequently from funds tobe kept during 2004-05 and 2005-06 respectively.

(2) Certification by the Department that i) A.M.C. of lifts is a proprietary to M/s OTIS & no other firm provides genuine spare parts for OTIS lifts. ii) The increase of rates over the last 3 years ending 31.03.2003 in other Govt. department has not been less than 8% and is likely to continue

i) It is certified that AMC of lifts is a proprietary to M/s OTIS and no other firm can provide the genuine spare parts for these liftsii) Increase of rates over the last 3 years ending 31.03.2003 in other Govt. departments has not been less than 8% and is also likely to

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for the next 3 years for other makes also. M/s OTIS may also be asked to certify and undertake the same.

iii) Performance of the contract has been satisfactory.iv) There is no need and justification of of negotiation to bring down rates.

continue for the next 3 years. It has also been confirmed from M/s OTIS, CPWD & other Govt. departments that there has been an enhancement in the A.M.C. charges from 8% to 13%.iii) It is confirmed that performance of the firm has been satisfactory.iv) The rates are reasonable and justified. There is no need of any negotiation.

(3) The Department may ensure that penalty clause may be added in the agreement and undertaking to this effect from M/s OTIS Elevators Co. be obtained before entering into the the contract during current year.

(3) Suitable penalty clause will be added in the agreement and an undertaking to this effect will also be taken from M/s OTIS Elevator Co. before entering in to the contract.

The new contract rates for various municipal buildings vis-à-vis last year approved rates and with 7.5% increase every year are as under:-

Sr. Name of the Bldg. No.of Old New Rates__________ No. Lifts. Approved. 2003-04 2004-05 2005-06 Rates/ (01.07.03) (01.07.04) (01.07.05)

Month to to to Last Yr. (30.06.04) (30.06.05) (30.06.06) 2002-03

(1) (2) (3) (4) (5) (6) (7)

1. Palika Kendra52 ME 4391

7 58,576/- 62,969/- 67,692/- 72,769/-

2. Palika Parking52ME 9881/N/E 9883

1 3,095/- 3,327/- 3,577/- 3,845/-

3. Chander Lok Bldg.52MO 0070

4 13,053/- 14,032/- 15,084/- 16,215/-

4. Poly Clinic52ME 7744

1 2,137/- 2,297/- 2,469/- 2,654/-

5. Palika Bhawan52ME 8641

4 18,354/- 19,731/- 21,211/- 22,802/-

6. Pragati Bhawan52ME 5935

2 6,266/- 6,736/- 7,241/- 7,784/-

7. Talkatora Swimming Pool.52ME 7750

1 2,853/- 3,067/- 3,297/- 3,544/-

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8. Charak Palika Hosp52MG 2134

1 4,309/- 4,632/- 4,980/- 5,353/-

9. Yashwant Place52ME 3312/MJ/4484.

2 8,900/- 9,568/- 10,285/- 11,056/-

10. Community Center DIZ. 52MG 5883.

1 4,972/- 5,345/- 5,746/- 6,177/-

11. Palika Maternity Hosp. 52MG 9533

1 5,202/- 5,592/- 6,011/- 6,461/-

12. Chanakya Bhawan52M 0045

2 9,352/- 10,053/- 10,807/- 11,618/-

Per Month Total Expenditure

27 1,37,069 1,47,349 1,58,400 1,70,278

Per Year Total Expenditure

1644828 1768188 1900800 2043336

The total charges for all municipal buildings works out to Rs17,68,188/-, Rs.19,00,800/- and Rs.20,43,336/- for the year 2003-04, 2004-05, 2005-06 respectively. The payment shall be made on monthly basis for the lifts of respective buildings on rendering satisfactory service. Other terms & conditions will remain the same as per the last contract.


REMARKS OF CHIEF ENGINEER(E)I :-

The case is laid before the Council for according administrative approval and expenditure sanction of Rs.57,12,324/- for renewal of the annual maintenance contract with M/s OTIS Elevators Company (India) Ltd. for lifts in various municipal buildings for a period of three years w.e.f. 01.07.2003 OR the date of placement of order on the rates and other terms & conditions, detailed above.


Resolved by the Council that administrative approval & expenditure sanction of Rs.57,12,324/- for renewal of the annual maintenance contract with M/s OTIS Elevators Company (India) Ltd. for lifts in various municipal building for a period th three years w.e.f. 1.7.2003 OR the date of placement of order, on the rates and other terms & conditions, detailed above, is approved.

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ITEM NO. 3 (viii) (B-16)

DEVELOPMENT OF AREA AROUND PRIME MINISTER’S RESIDENCE AT KAMAL ATTATURK MARG & RACE COURSE ROAD, NEW DELHI (ELECTRICAL WORKS) – AWARD OF WORK.

The Council vide Reso. No.3(xviii) (A-8) dated 3.3.03 approved an overall

project estimate amounting to Rs.3.16 crores for development of area around

Prime Minister’s residence at Kamal Attaturk Marg and Race Course Road with a

specific provision of Rs.59,37,750/- for internal & external electrical works. The

technical sanction for elect. estimate was accorded by CE(E) on 5.5.02 after the

estimates were received from the Architect Consultants M/s. Pardeep Sachdeva

Design Associates on 30.4.03. The work being related to the area around P.M.’s

residence, the provision for special type of poles & lighting fixtures are being

provided as recommended by the Electrical Consultant/Architect keeping in view

the specific requirement of the development scheme.

Sealed percentage rate tenders were invited from the class- I electrical

contractors of NDMC and those of CPWD/MES/Railways/P&T/DDA/MCD/Delhi

PWD. Wide publicity was made by publishing Tender Notice in leading

Newspapers by Director (PR) as per practice. Tender Notices were also sent to

Class I Electrical contractors registered in NDMC in addition to displaying the

tender notice on Notice board at Vidyut Bhavan, Palika Kendra & Notice Boards

of CPWD etc. In all, four contractors purchased and submitted their tenders.

Tenders were opened on due date & time i.e. on 26.5.2003 in the office of EE(E)C-

III in the presence of the representatives of the tenderers. Tenders were

scrutinised by M/s. Kanwar Krishan Associates Pvt. Ltd., the Electrical Consultant

of M/s. Pardeep Sachdeva, Design Associates and submitted the comparative

statement, justification of rates and their recommendations. The comparative

statement & justification etc. were also examined and checked by the department.

The comparative position is as under:-

S.No. Name of Contractor % age rate of quoted Tender amount above estimated cost1. M/s. Goel Elect. Works 17.5% above Rs.56,39,132.00

2. M/s. Ushpan Elect. Pvt.Ltd. 19.69% above Rs.57,44,236.00

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3. M/s. Surindra Electricals 22% above Rs.58,55,098.00

4. M/s. R.K. Radios 23.8% above Rs.59,41,485.00

The justified cost based on minimum market rates & taking cost index on

the scheduled rates etc. as worked out by the Consultant & checked by the

Department works out to Rs.57,35,337/- as against estimated cost of

Rs.47,99,261/- put to tender.

M/s. Goel Electrical Works emerges as the lowest tenderer with a quoted

amount of Rs.56,39,132/- which works out to 1.67% below the justified amount.

The rates of lowest tenderer; M/s. Goel Electrical Works were thus considered

competitive, reasonable & justified. The firm is reliable & is a registered class-I

Electrical Contractor with the NDMC as well as other organisations. They also

hold a valid electrical contractor’s licence issued by Delhi Government. The

Architect/Consultant have recommended to acept the lowest offer of M/s. Goel

Electrical Works. Accordingly, it was proposed to accept the lowest offer of M/s.

Goel Electrical Works at their quoted cost of Rs.56,39,132/- and as per other terms

& conditions as per our NIT.FA has concurred in the proposal vide No.FA-1773 dated 5.6.2003 for acceptance of

lowest tender of M/s. Goel Electrical Works at their quoted amount of Rs.56,39,132.00. The replies

to the observations of Finance department are as under:-

S.No Observations of finance Replies of the Department

1. Availability of funds Funds are available. Administrative approval & expenditure sanction of the project amounting to Rs.3.16 crores was accorded by the Council vide Reso.No.3(xviii)(A-8) dated 3.3.03 with a specific provision of Rs.59,37,750/- for electrical works.

2. Certification by the Deptt.that the rates computed in the tenders are correct.

Certifired that the rates computed in the tenders are correct as checked by the Architects & the department.

3. Certification by the deptt. that the justification has been checked by the deptt. and no undue benefit has been given to work out the justified rates.

Certified that the justification has been checked and no undue benefit has been given while working out the justified rates.

4. Certification by the deptt. that Certified that the site is available to execute

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the site is available to execute the work.

the work.

5 Certification by the CE(E)-I that approval of the Council for acceptance of tender & for reducing the period of tender notice shall be obtained by 5.7.2003.

The sanction of the Council for approval of action taken to award of work with the prior approval of Chairman & for inviting short notice tenders shall be obtained.

6. Certification by CE(E) that sufficient reasons exist which indicate that it was not in the public interest to call for tenders by advertisement.

Certified that tenders were called by giving advertisement in the leading newspapers & sending tender notices to all registered class-I electrical contractors.

7.Certification by the CE(E) that the demand is urgent & any addl.expenditure involved by the elimination of open competition must be incurred. The nature of urgency must be placed on record with the reasons as to why the demand could not be anticipated.

Certified that the work is extremely urgent & no addl. expdr. Will be involved as the rates have been received on competitive bidding through publicity. The work is of extremely urgent nature & has to be completed by 15.7.03. Action was taken on Top Priority to invite short notice tenders & process the same after the estimates & NITs were received from the Arhcitects on 30.4.03 as per the time schedule approved by the Chairman, in view of urgency involved.

8. Deptt. may reproduce the entire observaitons of the finance deptt. and give their response in the agendum for the Council to enable the Council to take appropriate view in the matter

The reply to the observations of finance has been duly incorporated in the Draft Agendum noted to the Council.

In view of the concurrence accorded by the finance department vide Dy.

No.FA-1773 dated 5.6.2003, to award the work to the lowest tenderer; M/s. Goel

Electrical Works at the quoted amount of Rs.56,39,132/- i.e. 1.67% below the

justified rates and in view of the extreme importance and urgency involved to

complete the work by 15.7.2003 being connected with the Prime Minister’s House,

the Chairman vide his orders dated 9.6.03 approved as under:-

a) To award the work to the lowest tenderer as concurred in by Finance as explained above, in anticipation of the approval by the Council.

b) To note the case to the Council at its next meeting for approval of the action taken to award the work in view of extreme importance and urgency involved.

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Accordingly, the order was placed on M/s.Goel Electrical Works; the

lowest tenderer, on 10.6.03. The work is in fast progress.


CHIEF ENGINEER(E)-I’S REMARKS :-

The case is laid before the Council for approval to the above action taken

with the prior approval of Chairman to award the electrical works of development

of area around Race Course Road to M/s. Goel Electrical Works at their lowest

quoted amount of Rs.56,39,132/- i.e. 1.67% below the justified amount, alongwith

other terms & conditions as per NIT.


Resolved by the Council that approval is accorded to the above action taken with the prior approval of Chairman to award the electrical works of development of area around Race Course Road to M/s Goel Electrical Works at their lowest quoted amount of Rs.56,39,132/- i.e. 1.67% below the justified amount, along with other terms & conditions as per NIT.

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ITEM NO. 3 ( ix ) (B-17)

ANNUAL MAINTENANCE ESTIMATE FOR IEI AND OTHER ELECTRICAL SERVICES IN MUNICIPAL BUILDINGS, SOUTH OF RAJPATH, FOR THE YEAR 2003-04.

BM-II(E) Division is looking after the IEI and other electrical services,

South of Rajpath including that of Water Coolers, Air-Conditioners, Fridges,

Desert Coolers, Room Coolers, Heat Convectors etc. in entire N.D.M.C. area. For

the maintenance of above said services, an estimate amounting to

Rs.1,19,63,317.00 was framed against the Budget Head, ‘H.2.4’ having Budget

Provision of Rs.120.00 lacs for BM-II(E) Division. The estimate mainly covered

the provision for;

(a) Material required for day to day maintenance.(b) Muster-roll/Contract/temporary labour for maintenance of various electrical

works as per the requirement, from time to time.(c) Provision exist for Annual Maintenance contracts of various services, such

as lifts D.G. Sets, A.C Plant, A.Cs, & Water Coolers, Rewinding of moters etc. during the financial year. Other works which are required to be got done from the local market through call of quotations/tenders.

(d) Provision has been kept for energy charges that will be received from Commercial Department for the buildings directly under the control of BM-II(E) Division.

Finance have concurred in the estimate vide Dy. No.FA-1661 dt.11.6.2003

and restricted the amount up to Rs.90.00 lacs.


REMARKS OF CE (E-II) :-

The case is noted to the Council for according Administrative approval and

Expenditure sanction to the estimate amounting to Rs.90.00lacs.


Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.90.00 lacs, for annual maintenance of IEI and other electrical services in municipal buildings, South of Rajpath, during the year 2003-04.

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ITEM NO. 3 (x) (H-7)

REVIEW OF RESERVATION OF POSTS OF SECTION OFFICER FOR PERSONAL ASSISTANTS.

Prior to 01.04.1972, the post of Stenographer used to be designated as Steno-typist and the incumbent of the post of Steno-typist used to get pay in the scale of Rs.110-180 equivalent to Junior Clerk plus Rs.20/- PM as Special Pay. The designation of the post of Steno-typist was revised as Stenographer Grade-III in the scale of Rs.130-300 and the element of special pay was eliminated in accordance with the Govt. of India’s orders on the subject. The Steno-typists in NDMC, as in the Govt. of India, used to be promoted as Senior Clerk/UDC but due to the change in the pay scale of Stenographer equivalent to the UDC, the circumstances and the hierarchy changed.

The committee vide Reso. No.36(IV) dated 09.06.1978 considered the representation of Stenographers Association and resolved as under :-

1. Cadres of Stenographers and UDCs be separated.

2. 15% of the posts of Head Asstts. be reserved for stenographers subject to availability of eligible incumbents

3. 8 years qualifying service prescribed in the rule for promotion to the post of Head Assistant would include the service rendered as Steno-typist also.

Initially it was that all the Officers used to be provided with Steno-Typist, drawing pay in the pay scale of Rs.110-180 plus Rs.20/-, i.e., equivalent to Junior Clerk and Head of the Departments viz. Secretary, MOH, FA & C&TO used to be provided with Stenographer in the scale of Rs.130-300 (equivalent to Senior Clerk). The only post of PA was attached with the President (Chairman), NDMC in the scale of Rs.210-425, there being only one post of PA. Further, PA used to be considered for promotion as Supdt. (now Section Officer).

Due to passage of time, more posts of PAs were created, initially for Secretary and Financial Advisor and subsequently for C&TO, Chief Engr.(C) and Chief Engr.(E). However, there being only 5-6 posts of PAs at that time the PAs used to be considered for the post of Office Supdt.

Subsequently, decision of the 15% reservation for Stenographer was reflected in para-1 above and due to separation of the cadre vide above said Resolution, the PAs could not be considered on the basis of inter-se-seniority for promotion as Supdt., therefore, the matter was reviewed afresh by the Sub-Committee and on the lines of the reservation of posts of Head Assistant for Stenographers. 15% post of Supdt. were reserved for PAs vide Reso. No. 64 dated 28. 02.84.

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Subsequently, a cadre review of the PAs was done and the Committee initially recommended nine post of Private Secretary to be attached with various Head of the Departments in the pay scale equivalent to Office Supdt. (now Section Officer). The strength of 09 has since been increased to 11 against the 48 posts of PAs. Thus the promotion of chances of PAs are proportionately by and large equivalent to that of HA which has a strength of 146 against 49 posts of Supdts. Further, it has also been seen that many of the Stenographers are not interested in thier promotion as HA and subsequently as Supdt.. Therefore, the practice of consideration of PAs to the post of Supdt. has informally been discontinued for quite some time. Since the Resolution No. 64 dated 28.02.1984 still exists, therefore, in the fitness of the things this needs to be reviewed and reservation needs to be withdrawn.

The scrutiny of statement reveals the following factual position:

Total No. of posts: Stenos Cadre Clerical cadreDirectors, Deputy Secretaries, Asstt. Secretaries/Directors

19 12(63%)

7(37%)

Section Officers45 12

(26.7%)33

(73.3%)Section Officers and above i.e grand total

64 24(37.5)

40(62.5%)

The case has been reviewed from all perspectives and number of existing posts of PA and there further chances of promotion as Private Secretaries equivalent to the cadre of Section Officer it is felt that the reservation of 15% post of SO earlier earmarked for PAs be discontinued.

The Council vide Reso. No.3 (XV) dated 27.08.2002 has already resolved to withdraw 15% quota reserved for promotion from the post of Stenographers to Head Asstts. (Annexure-‘X’) (See pages 50 – 51 ).

The Chairperson has seen and approved the proposal.

The case was laid before the Council in its meeting on 12.12.2002 for information of the Council but was deferred.

Now, the case is re-laid before the Council for information.


The Council authorized Chairman to take a decision in this regard. Council shall be informed of the decision thereafter.

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ANNEXURE

- 50 -

ANNEXURE

- 51 -

ITEM NO. 3 (xi) (Q-2)

REDUCTION IN TRANSFER DUTY AT THE TIME OF REGISTRATION OF INSTRUMENTS.

The Additional Secy., Department of Urban Development, Government of Delhi as in letter No.F.7(367) (17)/2002/UD-2029 dated 20.5.2003 Annexure ‘A’ (Pages 55 - 56) informed that :-

(i) the Delhi Government has reduced the Stamp Duty from 8% to 5%;(Annexure-‘B’, ‘C’ & ‘D’. (Pages 57 60);

(ii) Municipal Corporation of Delhi has decided to reduce the rate of transfer duty from 5% to 3% ; (Annexure-‘E’ (Page 61) ;

(iii) it would appear logical and reasonable that the rate of transfer duty charged by NDMC is also brought down to be at par with that in MCD and;

(iv) that the matter may be placed before the Council for its consideration.

2. A duty on transfer of property is an obligatory tax which the Council has to levy at the rates provided in section-93 of the NDMC Act.,1994 (hereinafter referred to as the Act). U/s-93(2)(b) of the Act, the duty shall be levied at such rate as may be determined by the Council not exceeding 5% on the amount specified against the instruments described in said section.

3. Under Section-93 (2)(b) of the Act, a duty on transfer of property is payable on --

(i) sale of immovable property ;(ii) exchange of immovable property ;(iii) gift of immovable property ;(iv) mortgage with possession of immovable property and (v) lease in-perpetuity of immovable property.

4. The rates of tax are determined by the Council on year to year basis. As per Section 55(2) of the Act, on or before the 15th Day of February of each year, the Council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in the NDMC Act, the rates so fixed shall not be subsequently altered for the year for which they have been fixed. Section 55(2) of the Act is re-produced as under:-

“On or before the 15th day of February of each year the Council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this Act the rates so fixed shall not be subsequently altered for the year for which they have been fixed.”

5. The rates for the year 2003-2004 were fixed by the Council on 21.1.2003 and public notice of the fixation of the rates of taxes for 2003-04 already stands

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issued. The rates are fixed for the entire year and cannot be altered from a date in the 2003-04.

6. Increase in the rate of taxes is permissible U/s-57(2) read with section-97 of the Act, through supplementary taxation. Section-97 reads as under :-

Sec. 97 :-“Whenever the Council decides to have recourse to supplementary taxation under sub-section-(2) of section-57 in any year, it shall do so by increasing from such date as the Council may determine, the rates at which any tax leviable under this Act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax.”

7. It appears from section-97 that in the supplementary taxation, the rate of taxes can be increased but not decreased. In view of the provisions of section-55(2) and 97 of the Act, it is not clear as to how the rate of taxes, once fixed by Council for the year 2003-2004, can be reduced when the section itself says that the rate shall not be subsequently altered for the year for which they have been fixed.

8. It is reported that in Delhi, on transfers of immovable property, Stamp Duty is being levied under the Indian Stamp Act. Upto September 2001, rate of Stamp Duty was 3% and duty on transfer of property at 5% is being levied by MCD/NDMC as an obligatory tax from 1957 or so regularly under the Act governing the two local bodies. Thus upto September 2001, the Stamp Duty and Transfer Duty payable at the time of registration of instruments aggregated to 8%. In Sept., 2001 or so, Stamp Duty was increased by the Government from 3% to 8%. This resulted in increase in aggregate of Stamp Duty and duty on transfer from 8% to 13%. The increase in rate of stamp duty by 5% from 3% to 8% was for the Delhi Govt. No change in transfer duty. Now the proposal is that the Stamp Duty be reduced from 8% to 5% and MCD and NDMC should reduce duty on transfer of property from 5% to 3%. Net effect would be that Stamp Duty which was earlier 3% gets increased from 3% to 5% and Transfer Duty being 5% should be reduced from 5% to 3%. This would bring the aggregate Stamp Duty and T.D. 8%, which would be the same as prior to revision in 2001. A person getting the document registered would not get any benefit. He pays the same 8% on registration of the document. The 2% reduction by MCD and NDMC shall to go Delhi Govt. It would be a case of transfer of 2% of Transfer Duty from MCD and NDMC to Delhi Govt. as 2% Stamp Duty. No relief to purchaser.

9. It may be pointed out that as the purchasers were finding it difficult to have the properties transferred in the records of L&DO and DDA, the transfers were effected through agreement to sell which was not subject to registration. As the MCD and NDMC were finding it difficult to mutate the premises in the name of the purchaser, in the MCD & NDMC records, for the payment of property taxes, sanction of the building plans, sanction of the electric connection, sanction of health licence etc. MCD and NDMC decided to collect their share of 5% T.D. on the consideration shown in agreement to purchase and mutated the property in the name of the purchaser for payment by him of property taxes, sanction of electric

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connection and building plans and getting a health licence etc. In last few years, NDMC must have collected Rs.10 to 15 crores as T.D. directly on such agreements to purchase. The understanding was that as and when the agreement to purchase is registered, the NDMC shall not again demand T.D. at 5%, as NDMC has already collected T.D. on such agreements to purchase at the time of mutation.

10. If the agreement to purchase or deed of transfer is now presented for registration and as suggested by the Government of NCT of Delhi, the rate of T.D. is reduced from 5% to 3%, it would mean that if an instrument on which the NDMC has already collected 5% T.D., is now registered at the reduced rate of T.D., in each case the registration shall be at 3% of the amount shown in the instrument, while the NDMC has collected T.D. at 5%. It may be that in all such cases, the NDMC is required to refund 2% of the T.D. on all the instruments which were executed prior to the appointed date and registered after the reduction in the rate of T.D., if agreed to by the Council. Thus, the proposal to reduce the T.D. from 5% to 3% may only result in decline in the revenues of the NDMC from duty on transfer and may result in refunds in the cases where the T.D. has already been collected and the instrument is registered after the appointed date. Since NDMC is not getting any grants or other share from Govt. of NCT of Delhi, this would only mean reduction in NDMC’s tax revenues.

11. The matter is put-up to the Council for decision on the Government of Delhi’s proposal for reduction in duty on transfer of property from 5% to 3% on the lines of the reduction by the MCD.

12. Chairman has seen the Preamble for being put-up to the Council as an urgent item of business.


Item withdrawn.

ANNEXURE-“A”

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GOVERNMENT OF DELHI

DEPARTMENT OF URBAN DEVELOPMENT‘B’ WING 10TH LEVEL, DELHI SACHIVALAYA

I.P. ESTATE, NEW DELHI – 110002

NOF.7(367)(17)/2002/UD-2029 Dated: 20/05/03

To, The Chairman,New Delhi Municipal Council,Palika Kendra,

New Delhi

Sir,

I am directed to draw your attention to para 17 of Part ‘B’ of the Budget

Speech for 2003-04 (extract enclosed for read reference) in which the Finance

Minister has proposed to bring down the stamp duty on conveyance deeds from 8%

to 5% and hoped that the Municipal Corporation of Delhi would also follow suit so

that overall duty-rate is reduced to about 8 percent and to say that the Corporation

has accordingly decided to reduce the rate of transfer duty levied by it from 5% to

3%.

With this, it would only appear logical and reasonable that the rate of

transfer duty charged by NDMC is also brought down to be at par with that in

MCD. I am, therefore, desired to request you to place this matter before the council

for consideration.

Kindly keep us informed of the position.

Yours faithfully,

Sd/-

(S.P.SODHI)ADDL.SECY.(UD)

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STAMP DUTY

17. The stamp duty rates on sale of immovable properties were increased in the

year 2001 from 3% to 8%. There have been representations from various

quarters that this rate of 8%, in addition to the 5% transfer duty levied by

MCD, which makes for a total charge of 13% is high compared to the

position availing in some neighbouring and other states. My government

has carefully considered this demand. My government would like to

encourage and promote healthy transactions in the real estate market.

Towards this end, I propose to bring down the stamp duty on legal

instruments relating to sale of property from 8% to 5%. I sincerely hope

that the Municipal Corporation of Delhi would also follow suit, so that

the overall total charge on property transactions can be reduced to

about 8%. This reduction of stamp duty shall be given effect through a

statutory amendment in the Indian Stamp Act 1899 which is a central

legislation.

CONCLUSION

18. Hon’ble Speaker, Sir, to conclude I would like to mention that through

these budget proposals I have made am attempt to improve the quality of

life in Delhi to make it a World Class City. Public

6

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ANNEXURE-“B”

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE-EXTRAORDINARY)

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI(FINANCE DEPARTMENT)

DELHI SECRETARIAT, LEVEL-4-A, I.P. ESTATE, NEW DELHI-110002

No. F.2(3)/Fin.(E-1)/2003-04/(i)/ Dated: the

NOTIFICATION

No. F.2(3)/Fin.(E-I)/2003-04/(i)/ - In exercise of the powers conferred by section 9 of the Indian Stamp Act, 1899 (2 of 1899) read with the Government of India, Ministry of Home Affairs Notification S.O. 1726/No. F. 2/5/61-Judl.II dated the 22nd July, 1961, the Lt. Governor of the National Capital Territory of Delhi is pleased to reduce the stamp duty from eight percent to five percent in respect of conveyance on Sale and correspondingly in respect of conveyance on Agreement to Sell. The stamp duty on other instruments of conveyance shall continue to remain at eight percent.

This notification shall come into force with immediate effect and shall extend to the whole of the National Capital Territory of Delhi.

By order and in the name of the Lt.

Governor of the National Capital

Territory of Delhi,

Sd/-

(V.P. GUPTA)

Deputy Secretary Finance (Exp-I)

No. F.2(3)/Fin(E-I)/2003-04/(i)/ Dated: the

Copy forwarded to:

1. The Pr. Secretary, GAD, Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi with one spare copy for its publication in Delhi Gazette Part-IV (Extra Ordinary) in today's date.

2. Secretary, Ministry of Home Affairs, Govt of India, North Block, New Delhi.3. Secretary, Ministry of Finance, Govt. of India, Jeewan Deep Building, New Delhi.4. Divisional Commissioner, Govt. of NCT of Delhi, 5, Sham Nath, Marg, Delhi.5. Secretary to C.M. Govt. of NCT of Delhi, Delhi.6. Secretary to Finance Minister, Delhi Government, Delhi Sachivalaya, I.P. Estate, New

Delhi.7. PS to Pr. Secretary (Finance), Delhi Sachivalaya, New Delhi.8. The Dy. Secretary, L & J, Delhi Sachivalya, New Delhi.9. Guard file.

Sd/-

( V.P. GUPTA)Deputy Secretary Finance (Exp-I)

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ANNEXURE-“C”

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE-EXTRA ORDINARY)

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI(FINANCE DEPARTMENT)

NO. F2(3)/Fin (E-1)/2003-04/(ii)/ 135 Dated: The 20th May 2003

NOTIFICATION

NO. F2(3)/Fin (E-1)/2003-04/(ii)/ 135 is exercise of the powers conferred by section 9 of the Indian Stamp Act, 1899 (2 of 1899) read with the Government of India, Ministry of Home Affaires Notification S.O. 1726/ No. F.2/5/61/-Judl.II dated the 22nd July, 1961, the Lt. Governor of National Capital Territory of Delhi is pleased to reduce the stamp duty to three percent in respect of conveyance on sale in cases of the purchase of immovable property by women, either individually or severally. The stamp duty shall stand accordingly reduced on instruments of Agreement to Sell also in such class of cases.

This notification shall come into force with immediate effect and shall extend to

the whole National Capital Territory of Delhi.

By order and in the name of the Lt.Governor of National Capital

Territory of Delhi

(V.P.GUPTA)

Deputy Secretary Finance (Exp-I)

NO. F2(3)/Fin (E-1)/2003-04/(ii)/ 136-44 Dated: The 20th May 2003

Copy forwarded to:

1. The Pr. Secretary, GAD, Govt. of NCT of Delhi, Delhi Secretariat, I.P. Estate, New Delhi with one spare copy for its publication in Delhi Gazette Part-IV (Extra Ordinary) in today's date.

2. Secretary, Ministry of Home Affairs, Govt of India, North Block, New Delhi.3. Secretary, Ministry of Finance, Govt. of India, Jeewan Deep Building, New Delhi.4. Divisional Commissioner, Govt. of NCT of Delhi, 5, Sham Nath, Marg, Delhi.5. Secretary to C.M. Govt. of NCT of Delhi, Delhi.6. Secretary to Finance Minister, Delhi Government, Delhi Sachivalaya, I.P. Estate, New

Delhi.7. PS to Pr. Secretary (Finance), Delhi Sachivalaya, New Delhi.8. The Dy. Secretary, L & J, Delhi Sachivalya, New Delhi.9. Guard file.

Sd/-

( V.P. GUPTA)Deputy Secretary Finance (Exp-I)

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ANNEXURE-“D”GOVERNAMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

OFFICE OF THE DIVISIONAL COMMISSIONER5-SHAM NATH MARG, DELHI-110054

No.F.1(18)/Stamp/99/236-284 Dated 21.05.2003

ORDER

In pursuance of notification No. F. 2(3)/Fin (E-I)/2003-04/(i)/125 dated 19 th

May, 2003 (copy enclosed), the Government of NCT of Delhi have reduced stamp

duty from 8% to 5% in respect of Conveyance on Sale and correspondingly in

respect of Conveyance on Agreement to sell in the National Capital Territory

of Delhi.

Further, in pursuance of notification No. F. 2(3)/Fin (E-I)/2003-04/(i)/125

dated 20th May, 2003 (copy enclosed), the Government of NCT of Delhi have

reduced stamp duty to 3% in respect of Conveyance on Sale in case of purchase of

immovable property by women, either individually or severally, The stamp duty

shall stand accordingly reduced on instruments of Agreement to Sell also in such

class of cases.

Consequent upon above notification it is brought to the notice of all

Registrars, Collector of Stamps and Sub-Registrars that the reduction in stamp duty

has been allowed in only two categories of instruments i.e. Conveyance on sale

and Conveyance on Agreement to Sell covered under article 23 & 23(A) of

Schedule I-A. It is to be borne in mind that the stamp duty on other instrument of

conveyance as mentioned in Schedule I-A shall continue to be charged at

pre-revised rates.

It is, therefore, ordered that no instrument (pertaining to above two

categories), after the effective date of reduction in stamp duty as mentioned in the

notification referred to above, should be assessed by Collector of Stamps at a

higher rate than the rates now notified.

The reduction in stamp duty vide notification under reference has been

issued under the powers conferred by section 9 of the Indian Stamp Act, 1899 (2 of

1899), therefore, no amendment in Schedule I-A has been done at present and the

same will be done after the approval for amendment for schedule I-A is received.

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It is the duty of all Registrars, Collectors of Stamps and sub-Registrars to

ensure that the public does not face any problem with reference to charging of

stamp duty at the reduced rate from effective date and all facilities may be

extended to them to avail of the reduction given by the government in right earnest.

It is hereby instructed that for administrative convenience all concerned

Collectors of Stamps and Sub-Registrars may receive documents of Conveyance

on Sale and Conveyance on Agreement to Sell, submitted for registration, which

can be released after assessing the stamp duty at the revised rates notified by the

Government from Monday i.e. 26th May, 2003 onwards.

Sd/-

(G.S.PATNAIK)CHIEF CONTROLLING REVENUE AUTHORITY/

INSPECTOR GENERAL OF REGISTRATION

Copy to:1. All Deputy Commissioners/Registrars, Delhi/New Delhi2. All Collector of Stamps3. All Sub-Registrars of Delhi / New Delhi

Copy for information to:-1. Secretary to Lt. Governor, Delhi2. Secretary to Chief Minster, Delhi3. Secretary to Minster (Revenue)4. Secretary to Minister (Finance)5. OSD to Chief Secretary, Delhi6. PS to Pr. Secretary (UD)7. PS to Vice Chairman, DDA8. PS to Commissioner, MCD / NDMC / CEO, Cantt. Board9. PS to Pr. Secretary (Finance)10. All Heads of Departments, Govt. of NCT of Delhi

(V.K.KANDPAL)COLLECTOR OF STAMP (HQ)

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ANNEXURE-“E”

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE EXTRAORDINARY)

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI(DEPARTMENT OF URBAN DEVELOPMENT)

NOTIFICATIONDelhi: the 4 th June, 2003

No. F 7(367)(17)/2002/UD/2867 /- The following is published for general

information and necessary action:-

MUNICIPAL CORPORATION OF DELHIASSESSMENT AND COLLECTION DEPARTMENT

R.K. PURAM, NEW DELHI-110122No. Tax/PA(A)/03/RKP/20 Dated:

2.6.2003

NOTIFICATION

No. Tax/PA(A)/03/RKP/20- In exercise of the power conferred by Section 147 (2)(b) of the New Delhi Municipal Corporation Act, 1957, the Municipal Corporation of Delhi hereby reduces with immediate effect the rate of duty from 5% to 3% in respect of transfer by way of sale of immovable property and correspondingly in respect of contracts for transfer by way of sale of immovable property. The duty on transfer of other instruments shall continue to be charged at the rate of 5%.

Sd/-

(FEROZ KHAN)

ASSESSOR & COLLECTOR

Sd/-

(S.P. SODHI)

ADDITIONAL SECY. (UD)

No. F.(367)(17)/2002/UD/ Dated:Copy to:

1. Mayor, MCD2. Chairman, Standing Committee, MCD3. Commissioner, MCD4. Chairman, NDMC5. Prin. Secy. (GAD), Govt. of NCT of Delhi.6. Prin. Secy. (UD), Govt. of NCT of Delhi.7. Divisional Commissioner, Govt. of NCT of Delhi8. Secretary of L.G.9. Secretary of C.M.10. Secretary of F.M.11. Secretary of Minister (UD)

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ITEM NO. 3 (xii) (M-5)

NORMS WITH REGARD TO PROVIDING ITEMS TO STUDENTS OF NDMC & NDMC AIDED SCHOOLS UNDER THE WELFARE SCHEME.

The Council vides Resolution No. 3(xxxiii) dated 8.9.02 revised the norms

for providing items to students of NDMC & Aided Schools under the Welfare

Scheme for the academic year 2002-2003. While indicating the existing norms and

proposed norms, inadvertently the norms for issuance of suiting cloth for boys of

Nursery classes were not mentioned in the annexure (See pages 63 – 66) although

the same was mentioned in the preamble of the said Resolution. Therefore, the

norm for issuance of suiting cloth to the boys students of Nursery Schools is 0.50

mtrs per child.


The case is laid before the Council for approving the said corrigendum to

Resolution No. 3(xxxiii) dated 8.9.2002.


Resolved by the Council that the corrigendum to the Reso. No. 3 (xxxiii) dated 8.9.2003 is approved.

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ITEM NO. 3 (xiii) (J-1)

AMENDMENT/REVISION IN THE TERMS AND CONDITIONS OF THE NIT OF PARKING POLICY.

The existing terms and conditions of the parking lots were approved by the Council vide its Resolution No. 3(xvii) dated 2.11.2001 for the NDMC area. During the year 2002 some practical difficulties were experienced which have necessitated amendments in the terms and conditions of NIT governing the allotment of parking lots. Similarly, some new proposals/ideas have cropped up which if included in the existing policy would make it more effective and would safeguard the interest of the NDMC and public in general. The existing terms and conditions which require amendments are as under :-

It is observed that because of pooling and existence of cartel in the parking contracts at times the highest bidder fails to turn up to deposit the requisite amount of advance license fee and security deposit. As a result, though the Earnest Money so deposited by the bidder is forfeited but a considerable time is lost in calling for fresh tenders or the second highest bidder for negotiation thereby causing substantial loss of revenue to the Council. To check the misuse of Clause No. 5 and to avert financial loss to the Council, it is proposed that the Earnest Money be enhanced as under :-

EXISTING :- PROPOSED :-Tendered Amount Money

Earnest Money Tendered Amount Earnest

Upto Rjs.30,000/- Rs.10,000/- Upto Rs.75,000/- Rs.50,000/-

Upto Rs.75,000/- Rs.25,000/- Above Rs.75,000/- Rs. 75,000/-

Above Rs.75,000/- Rs.50,000/-

2. The contractor shall be responsible for maintaining the cleanliness of the area by ensuring that all garbage are put into dustbins placed within the parking lot.

3. Format of the ticket and the colour shall be approved by the NDMC and shall be followed by each contractor. The contractor shall be responsible for printing of the tickets.

4. As a step towards improving the parking situation in Connaught place area it is now proposed to prohibit the parking of all two wheelers in Connaught place surface parking lots i.e. Inner Circle, Middle Circle & Radial Roads. As an alternative to these two wheelers may now be parked in the underground parking nearby for which they shall be provided a free rides on the battery operated bus to be jointly operated by NDMC and Mahindra Ltd. An experiment in this regard with respect to the prohibition of two wheelers in the Inner Circle Connaught Place has proved to be successful, in the sense that the number of two wheelers parked in the Connaught Place underground parking

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has increased from 200 per day to 750 to 800 per day. Further there has been no complaint from any commuter in the regard.

5. In Clause- 12 the following line shall be incorporated : “ If unscrupulous contractor try to remove the display boards, One month license fee shall be forfeited/recovered as cost.”

6. As per Clause-13 of the existing NIT “The successful candidate shall have an option to pay the amount for the year in lump-sum and get a rebate of 15%. If a person opts to pay in monthly installments, he shall be required to give four months security deposit to be adjusted in the last four months of the contract. (unless it if forfeited due to any violation of the terms of contract)”.The facility of rebate of 15% on deposition of lump-sum amount for whole year is withdrawn. The security deposited by the contractor to be adjusted in the last 4 months of the contract (unless it is forfeited due to any violation of the terms of contract.

7. As per Clause No. 17 of the existing NIT, the tariff/rates of the parking of Scooters and Cars on monthly basis are not rationalized. Even if a person parks his vehicle for an entire period of 30 days still the expenses incurred by him were lower than the monthly parking tariff fixed by the NDMC. It is proposed that the monthly tariff for the parking may be rationalized and may be kept at the maximum of 20 days tariff of the parking rate. Accordingly, the following tariff are proposed :-

EXISTING PROPOSEDType of vehicle Location of the

parkingDuration

Surface Parking Specified site

Surface Parking

Specified site

(two-tier parking at B.K.S. Marg & at Mayur Bhawan)

(two-tier parking at B.K.S. Marg & at Mayur Bhawan)

1. Car Rs.10/-Rs.15/-Rs.500/-

Rs.15/-Rs.20/-Rs.600/-

Rs.10/-Rs.15/-Rs.300/-

Rs.15/-Rs.20/- Rs.400/-

Upto 12 HoursUpto 24 HoursPer month

2. Scooter Rs.5/-Rs.10/-Rs.250/-

Rs.10/-Rs.15/-Rs.300/-

Rs.5/-Rs.10/-Rs.200/-

Rs.10/-Rs.15/-Rs.300/-

Upto 12 HoursUpto 24 HoursPer month

8. The parking lot which become non-operational during the period of contract for laying down cables/sewer lines/construction work undertaken by NDMC OR any other agency with the permission of NDMC/due to security reasons will be allowed refund of license fee on pro-rata basis after confirmation from the regulatory authority.

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9. Presently the Tender Document is priced at Rs. 500/- each. With a view to keep the tender process open only to the genuine contractors and harvest, some additional amount of revenue, it is proposed that the price of the Tender Document may be enhanced to Rs. 1,000.


Copy of NIT governing of parking lots for the period 1.1.2002 to 31.12.2002 is placed at Annexure-A (See pages 70 - 83).

The case is placed before the Council for taking decision in the matter.


Resolved by the Council that the proposed terms & conditions in addition to existing ones for the allotment of parking lots in NDMC area are approved.

It was further resolved by the Council that boards be displayed at each parking lot giving name, designation and telephone number of the officer, whom complaint against parking lot can be filed.

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNNEXURE

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A NNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ITEM NO. 3 (xiv) (C-16)

CONTRACTS/SCHEMES INVOLVING AN EXPENDITURE OF RS. 1 LAC BUT NOT EXCEEDING RS. 50 LACS.

Section 143 (D) of NDMC Act, 1994 provides that every contract involving

an expenditure of Rs. 1 lac but not exceeding Rs.50 lacs under clause 143 (c) shall

be reported to the Council. In pursuance of these provisions a list of contracts

entered/executed till May, 2003, have been prepared. A Comprehensive list of the

contracts entered into for the various schemes is accordingly laid before the

Council for information. (See pages 85 - 93 ).


Information noted.

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ITEM NO. 3 (xv) (C-17)

ACTION TAKEN REPORT ON THE STATUS OF ONGOING SCHEMES/WORKS APPROVED BY THE COUNCIL.

In the Council Meeting held on 28.8.1998, it was decided that the status of

execution of all ongoing schemes/works approved by the Council indicating the

value of work, date of award/start of work, stipulated date of completion & the

present position thereof be placed before the Council for information.

The said report on the status of the ongoing schemes/works upto March,

2003 had already been included in the Agenda for the Council Meeting for the

Month of May, 2003.

A report on the status of execution of all the ongoing schemes/works

awarded upto April, 2003 is placed before the Council for information. (See

pages 95 - 101 ).


Information noted.

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ANNEXURE

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ITEM NO. 3 (xvi) ( J-2)

NOTE REGARDING DETAILS OF MOCHIS.

In continuation of information placed before the Council Meeting on 28.05.2003 at 11.00 A.M. , in reply to the question raised by Sh. M.P. Chawla, Member NDMC Council under Section 28 of the NDMC Act, the following additional information is also placed for kind consideration of the Council :-

QUESTION ANSWER

a) Is Moachi a trade or profession. a) As per Chaturvedi Committee constituted by the Hon’ble Supreme Court of India, the work of cobbler/Moachi has been shown as “trade” in the allotment letter of the verified squatters.

b) Is it a fact that Moachi were allowed to sit near Regal Building long ago so that people visiting Connaught Place could get their shoes polished/repaired.

b) Yes Sir. The Mochies were allowed to sit near Regal Building long ago.

c) Is it a fact that these Moachies have been allowed change in trade to sell garments defeating the very object for which sites were allotted.

c) Yes Sir, as Supreme Court’s order dated 16.07.1999 these verified squatters change their trade from mochi to Readymade Garments and intimated the NDMC

d) If so, reason thereof? d) The Hon’ble Supreme Court of India vide its order dated 16.07.1999 has ordered that if any Thareja verified squatter wants to change his trade, he can do so by just intimating the NDMC authorities for a non-licensable trade only and they will be permitted to do so and no objection in this connection will be raised, provided all information is duly furnished by them within one week from 16.07.1999.

- 102 -

Background Note :-

The allotment made by NDMC before 1987 was challenged in the Hon’ble

Supreme Court of India by way of petition terming it arbitrary. The Hon’ble

Supreme Court of India accepted the writ and during the course of hearing of the

petition, NDMC was called upon to draw a scheme for rehabilitation of the

squatters and laid down guidelines to be adopted for this scheme.

In view of the directions, NDMC framed rehabilitation scheme vide

Resolution No. 28 dated 10.11.1989 and placed before the Hon’ble Supreme Court

of India for acceptance. The eligibility criteria was also framed as under :-

1. All eligible squatters up to 1977 shall be eligible for allotment of kiosks &

stalls subject to their availability in the respective areas. Till they are

allotted kiosks and stalls, they will be given permission for tehbazari on

usual charges.

2. All eligible squatters pertaining to 1978 to 1980 will be eligible for thbazari

permission in their respective areas subject to availability of suitable

spaces. However, if stalls/kiosks are available after accommodating the

eligible squatters up to 1977, squatters out of this list will also become

eligible for allotment of kiosks/stalls.

3. The eligible squatters between 1981 and 1987 may also be considered for

allotment of tehbazari, in case suitable vacant space in the respective zones

in available for such allotment.

4. For determining the eligibility of squatters, the proof of squatting such as

receipt of removal charges from NDMC, Challans by the Police, toleration

permission granted by the NDMC shall be the relevant documents.

5. Tehbazari holders normally shall not be disturbed from their present sites

unless there are special reasons to do so.

6. Similarly, persons who were given toleration permission shall not be

normally disturbed from their present sites.

7. Cases of persons who are having stay orders from thee Courts will be

examined separately within the frame work of this scheme and efforts will

be made to accommodate them either in the same locality or in the nearby

location as far as possible.

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Further some conditions for the allotment of open tehbazari were also

framed which are as under :-

1. Only non-licensable trades excluding sophisticated luxury items, imported

or smuggled goods shall be permitted i.e. Pan, Biri, Cigarette, Chana,

Moongfali, Hosiery items, Toys, Small Stationery items, Lottery tickets,

Fresh vegetables, uncut fruits, packed bakery items etc.

2. No cooking and sale of food items exposing to dust causing health hazard

shall be allowed.

3. Open space measuring 6’x4’ for doing non-licensable trade and 4’x3’ for

the trade of Pan, Biri, Cigarettes will be allowed.

4. No construction/erection of any shed/structure/boundary wall on the

allotted space shall be allowed. However, moving furniture of approved

specification shall be permitted according to the nature of trade. Moveable

structure of not more than 4’ height shall be permitted.

5. Permission will be only for the bonafide use of the person to whom the

same has been granted and will not be shared or transferred to anyone in

anyway.

6. Fees as may be determined by the Committee shall have to be deposited by

10th of each English Calendar Month.

7. Permission for non-licensable trade shall be effective according to the

timings as observed by the nearby markets. For the trade of Pan, Biri,

Cigarette, the permission shall be according to the timings allowed to such

trade by the Police Department.

8. Tehbazari permission shall be on month to month basis.

9. The allotment letter with photograph of allottee will be displayed at the site

allotted which would be subject to inspection by the officials of the NDMC.

The NDMC in the past allotted following Units :-

Stalls : 583

Kiosks : 210

Pan tharas : 93

Vegetable Tharas : 22

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Mochi Tharas : 44

Cycle Repair Tharas : 33

Telephone Booths : 6

Taxi Booths : 98

______

1089__

Open Tehbazari permission : 228

Toleration : 106

NDMC has also issued hawking licences as detailed below for meeting the

early morning and evening requirements of the residents and commercial units:-

“HAWKING”

The NDMC has issued hawking licenses as detailed below for meeting the

early morning and evening requirements of the residents and commercial units -

Fresh fruits on cycle : 440

Vegetables on cycle : 430

Meat, Fish & Eggs on cycle : 200

Ice on Cycle : 100

Milk vending and bakery : 400

The hawkers are permitted to move in whole of the NDMC area without

any territorial restrictions.

Besides, hawking licences have further been issued for meeting the day

time need of the general public as detailed below –

Chana, Moongfali on fixed sites : 102

Chana, Mongfali without any

Fixed sites : 53

Ice-Cream trollies : 250

Water trollies on fixed

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Sites : 111

Mobile Catering Van : 7

Further no licenses are required for hawkers doing the business of

newspaper and kabari goods. These hawkers are free to move in any area of

NDMC since they are of a very casual nature.

With the issue of hawking licenses of this magnitude, practically the

NDMC area has been naturated and issue of further hawking licenses shall be

examined by a Sub-Committee as and when the need arises.”

As has been stated in Resolution No. 28 certain conditions and criteria for

eligibility for the allotment of open tehbazari have also been discussed at length.

The Hon’ble Supreme Court of India vide its order in first Sodan Singh case 1989

(4) SCC 155 stated:-

“This decision was by a Constitution Bench of this Court and was rendered

on 30.8.1989. It was held that the right to carry on trade or business was not

covered by Article 21 of the Constitution of India but was covered by Article 19

(1) (g) and could be reasonable restricted by law made under Article 19 (6). It was

held that hawking on road-sides fall within the expression ‘occupation, trade or

business’ in Article 19(1)(g).

The Hon’ble Member of the Council has tried to know whether the ‘mochi’

is trade of profession?

As has been stated above, the Hon’ble Supreme Court has clearly stated

that hawking on roadside falls within the expression of occupation, trade or

business in Article 19(1)(g) whereas the complete definition of the Article 19(1)(g)

of the Constitution of India is “All citizens of India have the right to practise any

profession or to carry on any occupation or trade or business.

From the comparison of the both, it is noticed that Hon’ble Court has taken

away the word profession from the expression used in first Sodan Singh case of

1989 where they have clearly laid down that the hawking on roadside shall be

within the expression of occupation, trade or business in Article 19(1)(g). In other

words, the Hon’ble Supreme Court of India has limited the scope of hawking on

roadside and resultantly scope of the Thareja Committee, which was appointed

later on, to verify the rightful claims of the unauthorized squatters working in

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NDMC was restricted. The Thareja Committee dealt this subject within the

expression used in the first Sodan Singh case of 1989. As such Thareja was not

supposed to travel beyond the expression occupation, trade or business under 19(1)

(g) and in the other part of 19(1)(g) the provision of profession has been taken

away from his ambit and he cannot define any activity on roadside under the

“profession” a trade or business. As per Constitution of India 19(1)(g), the

profession word has been used for the higher learning. Thus it further states that

the States can put reasonable restrictions for the technical qualification for the

word “profession” that is why this expression has been dealt in 19(1)(g) and 19(6)

where State has been empowered to place reasonable restrictions on the profession,

occupation, trade, business etc.

The Constitution further lays down that such restrictions should be

reasonable, just and fair, as has been pronounced in number of judgments by the

Supreme Court of India. The Supreme Court has further dealt this issue in the same

judgment that “There cannot be a fundamental right vested in a citizen to occupy

any particular place on the pavement where he can squat and engage in trading

business. Nor can the hawkers assert a fundamental right to occupy any place

permanently on a pavement. If the circumstances are appropriate and a small trader

can do some business for personal gain on the pavement to the advantage of the

general public and without discomfort or annoyance to others, there can be no

objection. Hawkers cannot be permitted to squat on every road.

As has been asked by the Hon’ble Member of the Council that ‘mochi’ is a

trade or profession, we are of the clear view that Thareja was not armed to deal

with any such case, which falls under the category of profession. Therefore, all

verified cases fall under the expression, occupation, trade or business, the

expression which has been used by Supreme Court of India in its order dated

30.08.1989 in the first Sodan Singh case.

The Hon’ble Member has also desired to know “is it a fact that ‘mochi’

were allowed to site near Regal Building long ago so that people visiting

Connaught Place could get their shoes polished/repaired.”

It is a fact that the mochi were allowed long ago to sit near the Regal

Building. It is relevant to mention here that as per Resolution No. 28 under para 6

of the scheme, squatters were divided in three categories :-

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i) those before 1977;

ii) those between 1978 to 1980 and

iii) those between 1981 to 1987.

The squatters of first category are senior and are eligible for allotment of

kiosks and stalls subject to their availability. Some of the old tehbazari holders also

applied to Thareja Committee for better relief. Three mochis S/Sh. Ghanshyam,

Ram Lal and Moti Ram also went in the Thareja Committee and Thareja

Committee vide its order dated 19.01.1994, dealt these cases at length. It was

mentioned that all these three applicants are tehbazari holders. They have been

granted mochi thara and these people have been working since fifties. It was also

mentioned that all these three applicants were allotted site at Rama Krishna

Ashram Marg where after having loans from the Banks they started their business

but their business could not run and as such they reverted back to Connaught Place

area. Ultimately they surrender the place allotted to them along with covered

portion to NDMC and as a consequence tehbazari rights were granted to them in

1981. Under Resolution No.28 they have claimed for better relief and the Thareja

Committee have accepted their seniority from 1.1.1981. Since they were given

tehbazari rights by NDMC on surrendering their rights of covered tehbazari at R.K.

Ashram Marg. All these three have also applied within a time frame given by

Supreme Court for change of trade.

As regards change of trade, the Hon’ble Supreme Court of India has dealt

this issue vide its order dated February, 1998 in the Civil Appeal No. 560 of 1998:-

Change of Trade:

(i) General right to change in trade:-

“This aspect is somewhat important. The Supreme Court upheld the right to

trade under Article 19(1)(g) of the Constitution of India on payment and

sidewalks without however, interfering with the freedom of others using these

places. This right could also be subject to reasonable restrictions, if any, made

by law under Article 19(6). As yet no such special law has been brought to our

notice except the Delhi Police Act, 1978 and Delhi (Control of Vehicular and

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other traffic on Roads and Streets Regulation) Act, 1980, referred to in the first

Sodan Singh’s case. Of course, certain provisions of the Punjab Municipality

Act, Rules or bye laws thereunder could also be relevant. In addition, the

scheme issued by the NDMC pursuant to orders of this Court permits non-

licensable trades (excluding luxury and smuggled goods). Further this Court

had also stated in the first Sodan Singh’s case that the grant of

hawking/squatting right is not meant for luxurious items or smuggled goods. In

IA No. 83 of 1995, in which we have today passed a separate order, the

claimant, Bishwanath Roy, who was trading in ‘tea’ wanted to change over to

garments. The NDMC took the stand that it had a discretion either to grant or

not to grant the change in trade to garments and it would take up the issue after

the Thareja Committee have no objection. The Thareja Committee did not pass

final orders but dealt with this question in its report. It pointed out that absolute

discretion for change of trade even in respect of non-licensable trades cannot

be granted to the NDMC and that, for example, there are some locations where

the business of hawkers could yield substantial gross income per day and,

therefore, abuse of discretion by the NDMC officials could not be ruled out.

Bearing all these factors in mind, we have allowed IA No. 83 of 1995 for

change of trade to garments in that case as such trade was not unlawful and was

not one in luxurious goods or smuggled goods and we added that the NDMC

could, at the most, impose reasonable conditions for the enjoyment of the right

consistent with Article 19(1)(g) and Article 19(2). We have also stated that in

the matter of change of trade, if the NDMC’s orders or the conditions imposed

are unreasonable or arbitrary or contrary to any provisions of law, it would be

open to the aggrieved parties to avail all remedies at law. We reiterated the

same position in this order also.”

From the above, it is clear we can allow change of trade subject to certain

reasonable restrictions, if necessary. As such every case is to be dealt on merit and

if any person wishes for change of trade, such matter can also be considered.

The Court has also authorized Thareja Committee on the question of allotment

of kiosks/stall or the sites of tehbazari and also the quantum of arrears of tehbazari

shall be final as indicated in the body of this order and shall not be questioned

either by plaintiff or NDMC before any authority, , Tribunal, a Court of Law, the

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High Court or in this Court. No petition shall be registered in this behalf by the

above bodies. So far as orders of NDMC in regard to change of trade, it is open to

the affected parties to resort to all appropriate remedies. We have so permitted Shri

Chaturvedi to move this Court in certain respects.

Again this issue of change of trade came before the Hon’ble Supreme Court of

India vide letter no.14. As has been stated above, Chaturvedi was authorized to

seek direction from the Supreme Court of India in this regard. Supreme Court of

India has dealt Letter No. 14 as under :-

“Having heard Shri Chaturvedi and learned Counsel for the parties, the Report

submitted by him dated 10th July, 1999, is accepted and the suggestions made

in the Report will be considered and complied with in accordance with law by

the NDMC. We appreciate the efforts put in by

Shri Chaturvedi in completing the exercise which was otherwise a very

stupendous one. We place on record our appreciation. In view of our earlier

order dated 4th February, 1998, the said Report will be treated as final. So far as

the grievance regarding change of trade as made by the concerned tehbazari

holders who are covered by this Report goes, learned Counsel for the

concerned applicants who stated before us that they have already applied for

change of trade, are again permitted to send reminder letters to the Director of

Enforcement within one week from today. Shri Maheshwari, learned Counsel

for the NDMC on instructions from the Director who is present, states that on

these intimations if the applicants state that they want to change to permissible

non-licensed trade instead of the present trade, they will be permitted to do so

and no objection in this connection will be raised provided all information is

duly furnished by them within one week from today. We note this fair stand

taken by the officer concerned.”

In view of the above judgment/observation of the Supreme Court of India,

five Mochis had changed their trade and intimated NDMC about the change of

trade. It may be relevant to mention here that these verified squatters were allotted

the site of 4’ x 3’ whereas the trade in which they have changed their trade i.e.

ready-made garments and the same is a non-licensable trade. As per Resolution

No. 28, the size of site for the non-licensable trade has been mentioned 6’ x 4’.

Whereas the mochis were allowed to have the site of 4’ x 3’.

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This aspect was not looked into at that time and they were allowed to

continue to deal in ready-made garments and it was not pointed out at any time that

the ready-made garment trade falls under the category of non-licensable trade for

which size of site has been given as 6’ x 4’.

Now question before us is whether we should allow size of site as per

Resolution No. 28 for the non-licensable trade or we should stick to the size

allowed by Chaturvedi Committee i.e. 4’ x 3’. I feel that we should stick to the size

of site as recommended by Thareja Committee and finally allotted by Chaturvedi

Committee if the change of trade is accepted.

As has been mentioned above, the size of the site for the non-licensable

trade is 6’ x 4’ whereas the size of the site for other specified trades such as Pan,

Biri, Mochi, Toys, Purses, Belts etc. is 4’ x 3’.


Resolved by the Council that : -

1. L.A. should examine the matter in the light of various orders of the Court and the issues for opinion may be decided by the Chairman.

2. The space originally allotted on Tehbazari may not be enhanced even if any change in trade is allowed.

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ITEM NO. 3 (xvii) (B-18)

PURCHASE OF HT 11KV XLPE CABLE 400 SQ.MM 3 CORE ISI MARKED

There is a requirement of 8 KM’s of 400 Sq.mm/3 Core, 11KV XLPE cable against various sanctioned estimates (details placed as per annexure See page 116) and this cable is not available in store. After approval of Draft NIT from the competent authority, tenders were invited for the purchase of said cable after publishing the NIT in the following newspapers on 11.4.03.

1. The Times of India (English)2. Nav Bharat Times (Hindi)3. Hale Watan (Urdu)

The last date of sale and opening of the tenders were fixed as 28.4.03 & 30.4.03 respectively. In all 11 tender documents were sold but following 8 firms responded to our NIT when the tenders were opened on the due date i.e. 30/4/03

1. M/s Central Cables Ltd.2. M/s. Plaza Cable Industries Ltd.3. M/s Krishna Electrical Industries Ltd.4. M/s Industrial Cable Industreis Ltd.5. M/s Polycab Wires Pvt. Ltd.6. M/s. Uniflex Cables Ltd.7. M/s. Universal Cables Ltd.8. M/s Fort Gloster Industries Ltd.

Out of 8 firms as noted above the tender of M/s Fort Gloster Industries Ltd. was not opened as it did not contain the required E/Money. Further the offer of M/s Krishna electrical Industries Ltd. has also not been considered as their offer was conditional & not as per NIT

A comparative statement has been prepared for the 6 eligible firms as under :-

S.No. Name of firm

Name of Item

Qty. Cost/kmEx-works

Cost/kmComputed

Total computed cost

%age below/above estimated cost

1. M/s Polycab Wires Pvt. Ltd.

400 Sq.mm/3

Core 11KV

8 kms

8,20,000.00 9,75,200.00 78,01,600.00 7.20% below, L-I

2. M/s Plaza Cable Industries Ltd.

-do- -do- 8,39,400.00 9,76,204.00 78,09,632.00 7.11% below,L-II

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3. M/s. Central Cables Ltd.

-do- -do- 8,24,800.00 10,11,488.72 80,91,909.76 3.75% below, L-III

4. M/s Uniflex Cable Ltd.

-do- -do- 8,82,920.00 10,78,604.69 86,28,837.50 2.63% above

5. M/s Industrial Cable Industries Ltd

-do- -do- 12,07,910.00 14,73,142.62 1,17,85,140.96 40.17% above

6. M/s Universal Cable Ltd.

-do- -do- 12,29,339.00 14,98,635.57 1,19,89,084.56 42.60% above

M/s Polycab Wires Pvt. Ltd. have emerged as the lowest tenderer quoting Rs. 78,01,600.00 (including all taxes,duties, freight & insurance) for the supply of 8 kms of 400 Sq.mm/3core 11KV XLPE Cable. The rates offered by this firm are considered reasonable and justified as these are 3.58% less than the last purchase rates of Rs. 10,11,500.00 Per km as per supply order no. 22/DP/2002-03/EE(S)11KV Dt. 9.8.2002. The firm also agrees to all terms & conditions of the NIT. The firm has not charged sales tax as their factory is located at Daman, being tax free zone. The lowest firm M/s Polycab Wires Pvt. Ltd. have supplied this cable earlier to NDMC. They have got ISO certification and have offered cable duly ISI marked.

The finance deptt. have concurred in the proposal of the department vide their Dy. No. FA 1952 dated 19.06.2003 for the purchase of 8 kms of 400 Sq.mm/3 Core 11KV XLPE Cable at their quoted rates of Rs. 78,01,600.00 (including all taxes,duties, freight & insurance) subject to certain conditions which are replied as under :-

S.No. Observation of Finance Clarifications of the Department

1. Availability of funds Funds are available against schemes under head E-4-1 & K-3.

2. Certification by the department that the rates computed in the tenders are correct

Certified that the computed rates are correct.

3. Certification by the department that cable of the required size is out of stock and the requirement is necessary to complete the urgent works.

Certified that this cable is not available in store and the cable is urgently required to complete the works.

4. The department may ensure the quality of material as the rates are

Quality of material will be ensured by having inspection of the

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less than the estimated cost put to tender.

material in their factory by third party inspection like RITES and witnessing all the prescribed tests as per ISI.

5. Additional quantity of cable, if required, under the terms and conditions of the NIT should be purchased after separate concurrence of the Finance Department and approval of the competent authority.

This will be followed.

Other terms & conditions are as under :-

CST :- NIL

Excise Duty : @ 16% included in the above computed cost.

Freight & Insurance : Rs. 24,000/- per km included in the above computed cost.

Place of Delivery :- At our store at Nehru Park/Vidyut Bhawan, New Delhi

Delivery Period :- Within 120 days from the date of issue of supply order.

Terms of Payment :- 100% payment within 15-30 days after receipt of material in good condition on submission of bills in triplicate duly stamped and pre receipted.

Performance Guarantee:- A bank guarantee valid upto guarantee period amounting to 2% of the ordered value shall be furnished as performance guarantee.

Inspection :- Through DGS&D/RITES/By our Engineers at site/suppliers work. The date of call of successful inspection shall be treated as date of delivery of material.

Arbitration :- In case of any dispute the matter shall be referred to the Sole Arbitrator, appointed by the chairperson, NDMC.

Jurisdiction :- In case of any legal dispute the venue shall be New Delhi Court.

Guarantee:- 12 months from the date of commissioning or eighteen months from the date of delivery whichever is earlier against manufacturing defects.

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Additional Quantity :-The deptt. reserves its right to place order for additional quantity upto 25% of the rates accepted within delivery period after approval of the competent authority.


REMARKS OF CE (E-I) :-

The case is noted to the Council for according approval to the purchase of 8 kms of 400 Sq.mm/3 Core 11KV XLPE cable from M/s Polycab Wires Pvt. Ltd., the lowest tenderer at a total cost of Rs. 78,01,600.00 (including all taxes ,duties freight and insurance) on NIT terms & conditions & to accord sanction for the same amount.


Resolved by the Council that administrative approval & expenditure sanction is accorded to the purchase of 8 Kms. of 400 sq. mm/3 Core 11 KV XLPE cable from M/s Ploycab Wires Pvt. Ltd., the lowest tenderer at a total cost of Rs.78,01,600/- (including all taxes, duties freight & insurance) on NIT terms & conditions as explained above.

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ANNEXURE

Details of estimates having requirement 400 Sq.mm/3 Core 11KV XLPE Cable

S.No. Name of work Estimate Number Quantity

1. Providing HT electric connection to M.S. complex having 56 nos. special flats for MP’s

E-12/2001/EEP 1650 Meters

2. Providing HT feed to Sena Bhawan for enhancement of load


3. Providing HT connection to CTO cum Administrative block BSNL at Harish Chander Mathur Lane, New Delhi


4. Establishing switching station at CTO cum Administrative Block BSNL at Harish Chander Mathur Lane, New Delhi


5. Providing HT inter connector from sub stn school lane, to Kanchanjunga Building


6. Augmentation of transformer capacity and replacement of HT board at Sub stn. Indian Airlines, 113, Rakab Ganj Road, New Delhi


7. Establishing a switching station in special flats for MP’s at B.D. Marg

E-70/2001/EEP

1650 Meters

Total 7750 Meters

(rounded off to 8 Kms )

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4. REPORTS OF COMMITTEE : -

ITEM NO. 4 (i) (C-18)

MINUTES OF THE MEETING OF HEALTH, SANITATION AND MAINTENANCE COMMITTEE HELD ON 22.05.2003.

The Health, Sanitation & Maintenance Committee of NDMC was

constituted vide Council Reso. No. 3 (viii) dt. 15.3.1996 to deliberate on various

aspects of Health, Sanitation, Sewerage and Solid Waste Management. Meeting of

this Committee was held on 22.05.2003.

The minutes of the said meeting of the Health, Sanitation & Maintenance

Committee are placed before the Council for information (See pages 118 – 123)).


Information noted. The Council further decided that time bound action be

taken for cleaning of bell mouths, drains, channels, etc. before Monsoon so that there is no water logging in the area. Action for repair of road cuttings and depressions in the road be also taken.

The Members pointed out that Dr. R.K. Mittal, Orthopedic Surgeon in Charak Palika Hospital, has performed two operations of knee transplant, in addition to 30 spinal operations. His services need appreciation and publicity be given in the Press to apprise people of facilities available in our Hospital.

It was decided that in the first instance, the MOH should assess the work and put up a note to the Chairman, where after he may decide the further action.

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ANNEXURE

- 118 -

ANNEXURE

- 119 -

ANNEXURE

- 120 -

ANNEXURE

- 121 -

ANNEXURE

- 122 -

ANNEXURE

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ITEM NO. 3 (xviii) (Q-3)

INTRODUCTION OF UNIT AREA METHOD OF TAXATION IN THE NDMC.

Under Item No.3(viii) dated 21st of January, 2003, the Council considered a Preamble on Introduction of Unit Area Method of taxation in the NDMC and resolved that NDMC should wait for final report of the Expert Committee in respect of MCD on the introduction of the Unit Area Method and its successful implementation. The Council further resolved that pending implementation of the Report in the MCD, the feasibility alongwith pros and cons of implementation of Unit Area Method may be explored in NDMC in order to have a uniform system of assessment for residents of Delhi. A copy of the Preamble and Council’s Resolution is at Annexure-“A” (See pages 130 - 131).

2. Final report of Dharamrajan Committee was thereafter received from the Delhi Government. Recommendations of the Dharamrajan Committee in brief are as under :-

3. Method of calculation of tax :-

The tax is to be calculated as under :-

Property tax = Covered space of the building X category factor of the colony X structural factor of the building X age factor of the building X occupancy factor of the building X use factor of the building X street factor of the building X the basic Unit Area Value as fixed by the Corporation X the rate of taxation as fixed by the Corporation.

4. Method of determination of Annual Value of buildings :-

In Chapter-6 of the report, the proposed Unit Area Method has been discussed. To implement the recommendations of the Dharamrajan Committee, basic requirement for tax department is to have covered space of each premises which is to be subjected to tax. The Basic Unit Area Value has, thereafter, to be fixed by the Corporation. This is to be fixed on recommendations of a Municipal Valuation Committee. The rate of tax has also to be fixed by the Corporation. Before arriving at the Annual Value of a property, basic requirements are :-

I. Category Factor :- The Dharamrajan Committee has divided the MCD into seven different categories on geographical basis. It has suggested ten different conversion factors to determine these categories. These ten conversion factors are to be determined on a ten point scale. A has 10 points, B six points and C two points. These ten factors are the following :-

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(i) Capital Value of Land :- This has been divided into three categories - (A) area with land value of more than Rs.10000 per sq. mtrs; (B) areas with land value between Rs.5000 to Rs.10000 and (C) less than area Rs.5000/- per sq. mtrs.

(ii) Prevalent Rental Value :- Each colony has been divided into three levels. A is the area where the rent is more than Rs.15/- per sq. ft. per month, B is with rents between Rs.10 to Rs.15/- per sq. ft. per month and C with rents below Rs.10/- per sq. ft. per month.

(iii) Age of Colony :- A are the colonies which have developed after 1970, B are the old organized colonies prior to 1970 and C are others.

(iv) Road on which the Colony is Located :- A is a colony which is located on greater than or equal to 100 sq. ft. width road, B is between 80 and 100 sq. ft. road and C is less than 80 sq. ft. road.

(v) Infrastructure Physical :- This includes availability of physical infrastructure such as street, light, storm water drain and conservancy. A is good availability, B is average availability and C is poor or non-availability.

(vi) Type of Colony :- A is approved colonies, B is un-authorized regularized colonies and C is unauthorized colonies.

(vii) Proximity to Commercial Centres :- A is near major consumer markets, B is near wholesale/commercial trading areas and C is near local shopping Complex.

(viii) Level of Social Service :- This includes availability of social infrastructure such as parks, hospitals, schools etc. A is good availability, B is average availability and C is poor or non-availability.

(ix) Category Status Occupants :- A is high income group, B is middle income group and C is low income group.

(x) Locality of Colony :- A is South Delhi, B is West and Central Delhi and C is North and East Delhi.

The points, as above are given and weighted averages taken, to categories the colony in seven categories from A to G. A has 80 points and above; B has 70 points and above; C has 60 points and above; D has 50 points and above; E has 40 points and above; F has 30 points and above and G has less than 30 points.

II. Structural Factor :- Depending upon the quality on construction, a building has been divided into three types -- (i) a Pucca building with load bearing rooms; (ii) Semi Kuccha building having a non-load bearing rooms ; (iii) Kuccha building units with temporary material for walls and roofs ;

III. Age Factor :- Depending upon the age of building, it has been divided into four segments – (i) buildings constructed prior to 1960 ; (ii) constructed between 1960 and 1979 ; (iii) constructed between 1980 and 1999 and; (iv) constructed after 2000 ;

IV. Occupancy Factor :- Depending upon occupancy of building. Occupancy factors is only in residential properties. It has to be either self occupied or tenanted. In the tenanted, the tax has to be more than the self occupied. No separate occupancy factor for the non-residential properties has been

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provided. Rented properties and self occupied properties have to be assessed on the same basis.

V. Use Factor :- The properties for non-residential use have been divided in nine different use factors. These are public purpose, recreation, education, public utility, health, hospitals and nursing homes, industries, business offices, mercantile establishments and shops, star hotels and Banks. Different values have been provided for different use factors to adjust the basic unit area rate.

VI. Street Factor :- Different factors are to be adopted for category I street which has a width of more than the 80 feet, category II street with 45 to 80 feet street and category III with less than 45 feet width.

5. Vacant LandThe taxation of vacant land has also been provided.

6. Rate of taxThe rate of tax at present ranges from 10% to 30%. It has been provided between 6% to 20%.

7. Surcharge for MisuseA surcharge for the misuse of the properties has also been provided.

8. VacancyAt present, if a property is lying vacant, vacancy remission is provided. The Committee feels that no such remission should be given and the property should be taxed as self occupied property.

9. Calculation of Property Tax

Calculation of tax would be in four stages. The Corporation shall on recommendations of Municipal Valuation Committee fix a Basic Unit Area Value per sq. ft. for a particular year. The annual value of a particular building shall be the Basic Unit Area Value X category factor X structural factor X age factor X occupancy factor X use factor X street factor X covered space of the premises. This will give the Unit Area value of the premises. Where in a building, different portions of property are put to different uses or where the other parameters are different, the annual value has to be calculated for each such portions separately. Aggregate of all such annual values will be the Unit Annual Value of the building. The rate of tax is to be fixed by the Corporation for each year. The property tax is the Unit Annual Value X the rate of tax

10. Special ProvisionsIn the special provision, the Committee has suggested certain exemptions

and concessions, the Committee has also given recommendations for transitional period and setting up of anomalies and hardship Committee. In para-9, tax administration reforms have been suggested which includes property identification code, simplification of assessment procedure, filing of property information, self assessment scheme, notice of change of tax, setting up of a Municipal Valuation Committee and a Municipal Taxation Tribunal. There are various others suggestion which are not of immediate importance. Before introducing Unit Area Method, the Committee has suggested that --

“Para 4.7 Data collection and Analysis

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Discussion were also held with the Department of Posts for carrying out a complete survey of all the properties in Delhi with a view to prepare a comprehensive data base. It is recommended that before the Unit Area System is implemented the Department of Posts or any other suitable agency, may be engaged for carrying out a complete door to door survey of all properties in Delhi. A computerized database of these properties with all relevant information needed for implementing the Unit Area Method should be built up before the unit area system is implemented. Data obtained from this exercise should be incorporated into digitized ward maps using GIS Systems and satellite/aerial photography.

Para-9.2. Discovery and Identification It is necessary to bring all properties or taxable properties under the tax net

and obtain information requisite for calculating the tax. The Indian experience shows that where the reform measures have been pushed and efforts have been taken to improve the property tax base there is marked growth in tax revenues. Two basic approaches can be used for this (a) self-declaration – where the tax payer is required to provide information (b) survey and inventory – where the taxing authority obtains information by field surveys. While the Unit Area System proposed is suited for the system of self assessment, it would work efficiently only if we can induce the co-operation of the tax payers. To some extent, the system of self declaration can be improved by penalties to induce compliance as suggested by the Committee but for these to be credible they should be strictly applied. To make the system more efficient it is necessary to supplement the self-declaration system by a system of field audits.

Para 9.3. Property Data BaseThe present data base in regard to properties available with the Municipal

Corporation is totally inadequate for successful implementation of the Unit Area System. The Committee recommends that an immediate exercise be carried out for getting a complete inventory of properties in Delhi with the requisite data in regard to ownership, covered area, use of property and other details as required for assessment under the Unit Area system. This field survey should be in the initial phase on a 100% basis and in subsequent years updated regularly through periodical surveys and inspections. The data base so created should be linked to a GIS system and digitized urban maps. It is recommended that MCD sets up a fully equipped urban mapping division utilizing modern GIS technologies and manned by trained staff. This would serve not only the Revenue Department but also other departments of MCD. This entire data should be computerized so that linkages can be established with other data in the Corporation such as building sanctions, trade licenses as well as with the self assessment and revenue collection data.”

11. The basic requirements for introduction of Unit Area Method are thus, the following :-(i) plot area and covered space of each premises ;

(ii) category factor i.e. in which category the building will fall ;

(iii) structural factor i.e. whether its kuccha building. It may be that in a particular building, portions may be Load Bearing portions Pucca Load Bearing

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building whether semi Pucca building or a may be Temporary Load Bearing and portions may be Temporary Structures. These have to be separately identified ;(iv) age factor whether the building has been completed prior to 1960, between

1960-1979, between 1980-1999 or after 2000. If the construction has been raised in phases, it would be necessary to identify which portion has been constructed in which particular period ;

(v) the occupancy factor, if the building is in a residential colony and used for residential purposes, the occupancy factor has to be determined i.e. how much portion is self occupied and how much is on rent. The covered area of self occupied portion and rented portion has to be identified. If it is misused area of the building being misused has to be identified;

(vi) Street factors as to whether the building is on 80 feet road or 45 to 80 feet road or below 45 feet road. It may create some problem, if the building is in a lane though, it may be adjacent to the category one road. This factor has also to be indicated;

(vii) If in a building more than 25% of land is vacant, the area of the land which is lying vacant has to be identified as a vacant land tax has been proposed;

12. To implements its recommendations, Dharamrajan Committee had also submitted a draft legislation to Delhi Govt. The Delhi Government re-casted the draft and introduced a Bill in the Assembly known as the Delhi Municipal Corporation (Amendment) Bill 2003. This was introduced on 1.4.2003 and approved by the Assembly. The Bill has received the assent of the President on 9.6.2003 and the Bill has become an Act. It shall come into force on a date to be notified by the Lt. Governor of Delhi. The amended provisions of the Act require – (i) constitution of the Municipal Valuation Committee; (ii) classification and Notification of the vacant lands and buildings into colonies and groups and specification of base unit area values for each one of them ; (iii) notification of classification of vacant lands and buildings into colonies and groups and specification of unit area values thereof and factors for increase or decrease ; (iv) hearing of objections from the tax-payers before such classification and fixing unit area base and determination of final base unit area values and annual value of each premises and vacant land. The amended provisions also provide for setting up of Hardship and Anomaly Committee; assignment of property identification code; preparation of municipal assessment book and setting up of Municipal Taxation Tribunal. The Bye-laws have also to be framed. The matter is under the consideration of the Delhi Government.

13. Calculation of Covered Space :-

The annual value is a multiple of the term covered space. The term covered

space has been explained in section-116E of the Act as under :-

“covered space”, in relation to a building, shall mean the total floor area in all the floor thereof, including the thickness of walls, and shall include the spaces of covered verandah and courtyard, gangway, common service area, staircase, and balcony including any area projected beyond the plot boundary and such other space as may be prescribed.

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14. The MCD may require the total area of covered space of building as aforesaid to be certified by an architect registered under the Architects Act, 1972 or by licensed architect.

15. As resolved by the Council, the property tax department is in touch with the Delhi Government about the successful implementation of the Unit Area Method in MCD so that possibility of its introduction in the NDMC could be explored. The property tax department is collecting building-wise details of covered space from the Architect Department and from the owners and builders. After collecting the said details and tax shall be calculated under various slabs of rates of tax to examine as to whether, within the limits provided by the Dharamrajan Committee, the revenues of the Council shall increase or decrease and identify the premises getting substantial relief and the premises in which there may be a sharp increase in tax.

16. Copy of the Delhi Municipal Corporation (Amendment) Bill, 2003 as received from Delhi Govt. is at Annexure-“B” (See pages 132 - 158). This has since received the assent of the President.

17. This Preamble has been seen by the Chairman for being placed before the Council.


Information noted.

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Copy of Reso. No.3(xviii)Councils Ordinary Meeting

Dated:-21.1.2003

ITEM NO.3(XVIII)

INTRODUCTION OF UNIT AREA METHOD

The Deptt/. of Urban Development, Govt. of NCT, Delhi vide its letters

dated 5.12.2002 and 3.01.2003 has brought to our knowledge that the Lt. Governor

had constituted an expert committee under the chairmanship of Shri K.

Dharamarajan, I.A.S. (Retd.) in July, 2002 for making recommendation on the

modalities required for the introduction of the unit Area Method of property tax

assessment in the M.C.D. Area. They are of the view that it would be proper and

just have a uniform property tax system in the entire N.C.T. of Delhi. They have

suggested that the term of reference of above mentioned expert committee may be

extended to cover N.D.M.C. also and wanted to know the views of N.D.M.C. on

the above suggestions. We have already requested Urban Development Deptt. ,

Govt. of N.C.T. Delhi to send a copy of the inter/final report of Shri K.

Dharmarajan Committee for the M.C.D., sop that the Council is also apprised of

the recommendations of the Committee.

Now vide their letter dated 9.1.2003 of Urban Development, Govt. of

N.C.T. Delhi it has been informed that the Dharmarajan Committee has so far

submitted to the Govt. its interim report only. Pending its consideration by the

council of Ministers, its contents are being treated as confidential. In view of this,

they are unable to send a copy of the report at the stage. However, they have sent a

copy of the broad outline of the approach of the committee to the problem, as

circulated at the press conference taken by Hon’ble CM on 7.01.2003 (copy

enclosed, See page 99-115). It has been again emphasized in the latest letter that

the term of the committee would expire with the submission of its final report by

January end. So they require the decision of the Council for extension of the scope

of the work of the Committee to N.DS.M.C.

Chairperson has also seen the case.

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In view of the above, the case is laid before the Council for its decision

whether we should wait for final report of the Committee in respect of M.C.D. on

the introduction of Unit Area Method and its successful implementation or request

Urban Development Deptt., Govt. of NCT, Delhi to extend the terms of the

reference of the Committee to cover N.D.M.C. also.


Resolved by the Council that NDMC should wait for final report of the Expert Committee in respect of MCD on the introduction of Unit Area Method and its successful implementation.

“It was further decided that pending implementation of the Report in MCD, the feasibility along with pros and cons of implementation of Unit Area Method may be explored in NDMC in order to have a uniform system of assessment for residents of Delhi.”

Sd/-For Secretary

New Delhi Municipal CouncilPalika Kendra, New Delhi

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Bill No. -----------of 2003

THE DELHI MUNICIPAL CORPORATION (AMENDMENT) BILL, 2003

A

BILL

to further amend the Delhi Municipal Corporation Act, 1957.

BE it enacted by the legislature of the National Capital Territory of Delhi in the Fifty-fourth year of the Republic of India as follows:-

1. Short title and commencement:- (1) This Act may be called the Delhi Municipal Corporation

(Amendment) Act, 2003.(2) It shall come into force on such date as the Lt. Governor may, my

notification in the official Gazette, appoint.

2. General :- In the Delhi Municipal Corporation Act, 1957 (66 of 1957)(hereinafter referred to as the "principal Act") for the words " rateable value" whenever they occur, the words "annual value" shall be substituted.

3. Amendment of section 2:- In the principal Act, in section 2-(a) clause (1A) shall be renumbered as (1B) and before clause (1B) as so renumbered, the following clause shall be inserted, namely:-

"(1A) " annual value" means the annual value of any vacant land or covered space of any building determined under section 116E;"

(b) after clause (30), the following clauses shall be inserted, namely :-

"(30A) " Municipal Taxation Tribunal" means the Municipal Taxation Tribunal constituted under section 169;"

“(30B) “ Municipal Valuation Committee” means the Municipal Valuation Committee Constituted under section 116;”

(c) after clause (44), the following clause shall be inserted, namely :-

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"(44A) "public utilities" include water-supply, sewerage and drainage, solid waste management, energy and telecommunication services, gas distribution system, and public transport system, whether managed by Government or otherwise;"

(d) clause (47) shall be omitted;

(e) after clause (61), the following clause shall be inserted, namely :-

"(61A) " vacant land" means the land within a premises excluding the land occupied by the plinth of any building erected thereon."

4. Amendment of section 113:-In the principal Act, in section 113 after sub-section (3) of the following explanation shall be inserted, namely:-

"Explanation:- In this Chapter, "person" shall, unless the context otherwise requires, include a company, a society registered under any law for the time being in force, an association of individuals, a partnership, and a Hindu undivided family."

5. Substitution of new section for section 114:- In the principal Act, for section 114 the following section shall be substituted, namely:-

"114. Components of property tax:- Save as otherwise provided in this Act, the property taxes shall be levied on lands and buildings in Delhi and shall consist of the following, namely:-

(a) a building tax, and(b) a vacant land tax."

6. Insertion of new sections 114A, 114B, 114C, 114D and 114E :-In the principal Act, after section 114 the following sections shall be

inserted, namely :-

" 114 A. Building tax:- For any building, the building tax shall be equal to the rate of building tax as may be prescribed by the Corporation under section 114D multiplied by the annual value of the covered space of building determined under sub-section (1) of section 116E or section 116F."

114B. Rebate for senior citizens, women and physically challenged persons:-In the case of any self-occupied residential building singly owned by a man

who is sixty-five years or more in age or by a woman irrespective of her age or a physically challenged person as may be defined in the bye-laws, irrespective of age, or jointly owned by any of these categories, the corporation may specify a rebate on the building tax not exceeding thirty per cent of the tax due on the

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covered space of such building upto one hundred square meters of the covered space.

Provided that such rebate shall not be available for more than one residential building within the jurisdiction of the National Capital Territory of Delhi.

114C. Vacant land tax:- The vacant land tax in respect of any premises shall be equal to the rate of vacant land tax as may be specified by the Corporation under section 114E multiplied by the annual value of the vacant land determined under sub-section (3) of section 116E.

Provided that where there is any construction on the land and the area of plinth of such building is in excess of such percentage of the area of the plot, as may be prescribed in the bye-laws, no vacant land tax shall be levied.

114D. Rate of building tax:- Save as otherwise otherwise provided in this Act, the base rate of property tax on buildings in Delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the annual value of such buildings as may be specified by the Corporation from time to time:

Provided that the Corporation may, at time to time, prescribe fixed rates between the minimum and the maximum rates of tax as aforesaid for different colonies or for different groups of buildings in such colonies:

Provided further that the Corporation may also introduce graduated rates of tax within the minimum and the maximum rates of tax as aforesaid on the basis of straight line system or any other system as may be specified by the corporation.

Explanation- " Straight line system" shall mean the system in which the rate of tax is equivalent to the annual value of the property (X) divided by the minimum annual value (X1) and Y being added to the quotient so arrived, Y being the difference between the maximum rate of tax and the quotient of maximum (X2) and minimum (X1) annual value.

114E. Rate of vacant land tax:- Save as otherwise provided in this Act, the rate of tax on vacant lands in Delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the annual value of such lands as may be specified by the Corporation from time to time:-

Provided that the Corporation may, at any time, specify fixed rates between the minimum and the maximum rates tax as aforesaid for different colonies or for different groups of vacant lands in such colonies:

Provided further that the Corporation may also introduce graduated rates of tax within the minimum and the maximum rates of tax as aforesaid on the basis of straight line system on any other system as may be specified by the Corporation.

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Explanation:- 'Straight line system' shall have the same meaning as in the Explanation to the second proviso to section 114D."

7. Substitution of new sections for section 115:- In the principal Act, for section 115, the following section shall be substituted, namely:-

"115. Exemption of vacant lands and buildings from property tax :-(1) Save as otherwise provided in this Act, property tax shall be levied on all vacant lands and buildings in Delhi except :-

(i) vacant lands buildings (other than dwelling houses) exclusively used for agricultural purposes in accordance with the guidelines prescribed in the bye-laws;(ii) any vacant land or building included in any village abadi, which is occupied for residential purposes by any original owner or his legal heir, subject to a maximum of one hundred square meters of covered space;(iii) vacant lands or buildings or portions thereof, exclusively used for the purpose of public worship;(iv) vacant land or buildings or portions thereof, exclusively occupied and used, with the approval of the Corporation, for the purpose of public charity as may be specified in the bye-laws or for the purpose of medical relief to, or education of, the poor free of charge;(v) vacant lands or buildings exclusively used for the purpose of public burial or as cremation ground, or any other place used for the disposal of the dead, duly registered under this Act;(vi) such heritage lands or buildings as are specifically notified for exemption by the Corporation as also such premises as are so specified by the Archeological Survey of India;(vii) vacant land and buildings owned exclusively by war widows, gallantry award winners in Defence Forces, Police and Paramilitary Forces as also civilians who have received bravery awards of the highest order from the Government including Annual Bravery Awards given by the President:Provided that the exemption shall be subject to the condition that:-(a) The premises in question is in self-occupation for residential use and no portion thereof is let out for any purpose, whatsoever;

(b) In case the person concerned has more than one property in Delhi, the exemption shall be applicable to only one property which is permanently used for self residence;

(c) The benefit of exemption shall be limited to the life time of the person concerned, except where the award has been granted posthumously, in which case the exemption will be granted to the window of the gallantry award winner;

(viii) vacant lands and buildings owned by, or vested in, the Corporation but not leased out or rented out, and in respect of which the property tax, if levied, would, under the provisions of this Act, be leviable primarily on the Corporation.

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Explanation:- For the purpose of clause (iii), no portion of any vacant land and building where any trade or business is carried on, or which is used for residential purpose, or in respect of which any rent or income is derived, shall be deemed not to be exclusively used for public worship and such portion of such vacant land or building shall be assessed as a separate unit of assessment.

(2) The Commissioner shall cause to be maintained a register showing separately the vacant lands and buildings exempted from the property tax under sub-section (1) in such form as may be specified by the Corporation, and such register shall be open to the public for inspection.

(3) The Corporation may levy on such vacant lands and covered space of buildings as are exempt from the property tax, service charge on such scale, as may be provided under this Act or as prescribed by the corporation.

Provided that the service charge so levied, shall not be less than seventy five per cent of the amount that would have been payable as property tax for the covered space of the building or the vacant land as referred to in section 114D or section 114E.

115A. Unit of assessment:- (1) Every building and every vacant shall be assessed as a single unit:

Provided that where portions of any building or vacant land are separately owned so as to be entirely independent and capable or separate enjoyment, notwithstanding the fact that access to such separate portions is made through a common passage or a common stair case, as the case may be, such separately owned portions may be assessed separately.

(2) All buildings, to the extent they are contiguous or are within the same cartilage or are on the same foundation and are owned by the same owner or co-owners as an undivided property, shall be treated as one unit for the purpose of assessment under this Act:

Provided the if any such buildings is sub-divided into separate shares which are not entirely independent and capable of separate enjoyment, the Commissioner may, on application from the owner or the co-owners, apportion the valuation and assessment of such buildings among the co-owners according to the value of their respective shares, treating the entire building as a single unit.

(3) Each residential unit with its percentage of the undivided interest in the common areas and facilities, constructed or purchased and owned by, or under the control of, any housing co-operative society registered under any law regulating co-operative housing for the time being in force, shall be assessed separately.

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(4) Each apartment and its percentage of the undivided interest in the common areas and facilities in a building within the meaning of any law regulating apartment ownership for the time being in force, shall be assessed separately.

(5) If the ownership of any vacant land or building or any portion thereof is sub-divided into separate shares, or if more than one adjoining vacant land or building or portion thereof comes under one ownership by amalgamation, the Commissioner may, on an application from the owner or the co-owners, as the case may be, separate, or amalgamate, as the case may be, such vacant land or building or portion thereof so as to ensure conformity with the provisions of this section.

(6) Notwithstanding any assessment made in respect of any vacant lands or buildings before the commencement of the Delhi Municipal Corporation (Amendment) Act, 2003, the Commissioner may, on his own or otherwise, amalgamate, or separate, or continue to assess, such vacant lands or buildings or portions thereof so as to ensure conformity with the provisions of this section.

(7) The Commissioner shall, upon an application made in this behalf by an owner, lessee, sub-lessee, or occupier of any vacant land or building and upon payment of such fee as may be prescribed in the bye-laws, furnish to such owner, lessee, sub-lessee, or occupier, as the case may be, information regarding the apportionment of the property tax on such vacant land or building among the several occupier of such vacant land or buildings for the current period of assessment or for any preceding period of assessment:

Provided that nothing in this sub-section shall prevent the Corporation from recovering the arrear dues on account of property tax from any such person, jointly or severally."

8. Substitution of new sections for section 116:- In the principal Act, for section 116 the following section shall be substitute, namely:-

" 116. Constitution of Municipal Valuation Committee:- (1) The Government shall as soon as may be after the commencement of the Delhi Municipal Corporation (Amendment) Act, 2003 and thereafter at the expiration of every third year, constitute by notification in the Official Gazette, a Municipal Valuation Committee.

(2) The Municipal Valuation Committee shall consist of:-

(a) a chairperson, and

(b) such other members, being not less than two and more than six, as the Government may determine.

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(2) The chairperson and the other member of the Municipal Valuation Committee shall be appointed by the Government and the qualifications and experience requisite for their appointment, the manner of selection, and other terms and conditions of service including salaries and allowances, tenure of office shall be such as the government may by rules determine.

(3) The salaries and allowances of the Chairperson and the other members of the Municipal Valuation Committee shall be paid from the Municipal Fund.

(4) The functions of the Municipal Valuation Committee shall be:-(a) to make recommendation to the Corporation on matters relating to classification of vacant lands and buildings in any ward of Delhi into colonies and groups of land and buildings and fixation of base value per unit area of vacant land or per unit area of covered space of building and factors for increase or decrease, or for no increase or decrease, thereof;(b) to consider objections under section 116C and to make recommendation thereon; and(c) to perform such other functions as the Government may require.

116A. Classification of vacant land and buildings into colonies and groups and specification of base unit area values thereof:- (1) The Municipal Valuation Committee shall recommend the classification of the vacant lands and buildings in any ward of Delhi, referred to in section 5, into colonies and groups of lands and buildings after taking into account the following parameters:-

(a) settlement pattern such as plotted housing, group housing, colony with flats only, urban village, unauthorized colony, resettlement colony, rural village and non-residential areas;(b) availability of civic and social infrastructure;(c) access to roads;(d) access to district centres, local shopping centres, convenience shopping centres, and other markets;(e) land prices as may, from time to time, be notified by the Central Government or the Delhi Development Authority;(f) use-wise category of any building including residential building, business building, mercantile building, building for recreation and sports purposes, industrial building, hazardous building and public purpose building including educational, medical and such other institutional building and farmhouse, as may be specified by the Corporation;(g) in the case of buildings used for business, mercantile recreation and sports, industrial, hazardous, storage or farmhouse purpose, the location of such buildings adjacent to such categories of streets, as may, subject to the provisions of sub-section (2), be specified by the Corporation;

(h) the types of buildings which may be classified as pucca, semi-pucca or katcha, as may be specified by the Corporation;(i) the age-wise grouping of building as may be specified by the corporation; and

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j) such other parameters as may be considered relevant by the Municipal Valuation Committee.

(2) The Municipal Valuation Committee shall recommend, group-wise :

a) the base unit area value of any owner occupied vacant land, or any wholly owner-occupied building of pucca structure, constructed in the year 2000 or thereafter, and put to exclusive residential use, and

b) the factor for increasing or decreasing, or for not increasing or decreasing, the base unit area values specified in clause (a), separately in respect of each of the parameters of type of colony, use, age, type of structure and occupancy status of the vacant land or building, as the case may be, subject to a lower limit of zero point five and upper limit of ten point zero.”.

116B. Notification of classification of vacant lands and buildings into colonies and groups and specification of base unit area values therefor and factors for increase or decrease – (1) The Corporation shall, having regard to the recommendations of the Municipal Valuation Committee, declare its intention to classify vacant lands & buildings in each ward into such colonies and groups of lands and buildings as the Corporation may, by public notice, specify, and shall also specify in such public notice the base value it proposes to specify per unit area of vacant land and per unit area of covered space of building within each such group and also the factors for increasing or decreasing, or for not increasing or decreasing, the base unit area values of vacant lands and buildings referred to in clause (b) of sub-section (2) of section 116 A.

(2) The Corporation shall, on receipt of any representation from any group in any colony affected by such classification of lands or buildings into any group or specification of the base unit area values of vacant lands or covered space of buildings within such groups, and the factors for increasing or decreasing, or for not increasing or decreasing, such unit area values of vacant lands or covered space of buildings, refer such representation to the Municipal Valuation Committee for reconsideration, and the decision of the Municipal Valuation Committee thereon shall, subject to the provisions of Section 116K, be binding on the Corporation.

116C. Objection to classification of vacant lands and buildings into colonies and groups and fixation of base unit area values and factors for increasing or decreasing such base unit area values –

(1) If any owner or occupier of any vacant land or building in any ward in respect of which a public notice has been issued under section 116B, has any objection to the manner of classification of any group or groups, or the base value per unit area of vacant land or the base value per unit area of covered space of building in any group, or the factors as specified in Clause (b) of sub-section (2) of section 116A, he may submit to such officer of the Corporation as may be authorized by the Corporation in this behalf his objection in such form, and containing such particulars, as may be prescribed, within thirty days from the date

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of publication of such public notice, and such objection shall be considered by the Municipal Valuation Committee, after giving the person submitting the objection an opportunity of being heard.

(2) The procedure for hearing and disposal of objections shall be such as may be prescribed.

(3) On the expiry of thirty days from the date of publication of the public notice under section 116B and after considering the recommendation of the Municipal Valuation Committee on the objections, if any, in accordance with the provisions of this section, the Corporation shall, by public notice, specify groupwise the base unit area value of vacant land and the base unit area value of covered space of building and the factors referred to in clause (b) of sub-section (2) of section 116 A ;

Provided that the Corporation shall not alter the unit area values recommended by the Municipal Valuation Committee without the approval of the Govt.

116D. Final base unit area values of vacant land and of covered space of building – (1) Subject to the provisions of section 169, the base unit area value of vacant land and the base unit area value of covered space of building in any group, as may be specified under sub-section (3) of section 116C, shall be final.

(2) The Corporation shall publish the final base unit area value of vacant land and the final base unit area value of covered space of building as aforesaid and the facts used for increasing or decreasing, or for not increasing or decreasing, the final base unit area values as aforesaid and shall make them available for inspection by any person free of charge. Copies thereof shall also be made available to any person on payment of cost.

116E. Determination of annual value of covered space of building and of vacant land – (1) The annual value of any covered space of building in any ward shall be the amount arrived at by multiplying the total area of such covered space of building by the final base unit area value of such covered space and the relevant factors as referred to in clause (b) of sub-section (2) of section 116A.

Explanation – “Covered space”, in relation to a building, shall mean the total floor area in all the floor thereof, including the thickness of walls, and shall include the spaces of covered verandah and courtyard, gangway, garage, common service area, staircase, and balcony including any area projected beyond the plot boundary and such other space as may be prescribed.

2) The Corporation may require the total area of the covered space of building as aforesaid to be certified by an architect registered under the Architects Act, 1972 (20 of 1972), or any licensed architect, subject to such conditions as may be prescribed.

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(3) The annual value of any vacant land in any ward shall be the mount arrived at by multiplying the total area of such vacant land by the final base unit area value of such land and the relevant factors as referred to in clause (b) of sub-section (2) of section 116A.

(4) If, in the case of any vacant land or covered space of building, any portion thereof is subject to different final base unit area values or is not self-occupied, the annual value of each such portion shall be computed separately, and the sum of such annual values shall be annual value of such vacant land or covered space of building, as the case may be.

116F. Determination of annual value of building where land is exempted from property tax:- where any vacant land is exempted from property tax under any law for the time being in force, the annual value of any building erected on such land, which is in existence for more than one year and is not entitled to any exemption from such tax under this Act or any other law for the time being in force, shall be determined in accordance with the provisions of this chapter.

116G. Transitory provisions:- (1) Notwithstanding anything contained in this Act, as amended by the Delhi Municipal Corporation (Amendment) Act, 2003, a tax on vacant land or covered space of building or both, levied under this Act immediately before the date of coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, shall, on the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003 be deemed to be the tax on such vacant land or covered space of the building or both, levied under this Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003, and shall continue to be in force until such tax is revised in accordance with the provisions of this Act, as amended by the Delhi Municipal corporation (Amendment) Act, 2003.

(2) Notwithstanding anything contained in sub-section(1), where assessment has not been finalized in respect of a vacant land or covered space of building or both, on the date of the commencement of the Delhi Municipal Corporation (Amendment) Act, 2003, the assessee may have such land or building or both, as the case may be, assessed on the basis of the annual value.

116H. One- time tax:- Notwithstanding anything contained in this Act, in those cases where the owner has already paid one-time tax under some scheme in the past, the extent of the rateable value on the basis of which the one-time tax was paid shall be set off against the annual value calculated under the provisions of the Delhi Municipal Corporation (Amendment) Act, 2003 and the tax liability shall be worked out on the basis of net annual value.

116I. Validity of base unit area values of vacant land and covered space of building:- The base unit area value of vacant land and the base unit area value

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of covered space of building in respect of a specified group in a word shall remain in force for a period of three years:

Provided that till the revision of such base unit area values is competed, the existing base unit area values shall continue to be in force.

116J. Indexation of unit area value:- If, for any reason, the base unit area value of any vacant land, or the base unit area value of any covered space of building, in any group in any ward has not been revised on the completion of a period of three years from the date on which such base unit area values were last determined, it shall be lawful to increase or decrease the base unit area values according to the changes in the consumer price index of urban non-manual workers or such other suitable index as the Government may determine till such revision is made by the Municipal Valuation Committee, and to realize the amount of property tax for such covered space of building or vacant land on the basis of the revised base unit area values.

116K. Hardship and Anomaly Committee:- (1) The Corporation shall, on the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, appoint, for such period, not exceeding one year, as the Corporation may think fit, a Hardship and Anomaly Committee with a view to considering the cases of hardships or anomalies, if any, in respect of property tax imposed under the provisions of this Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003.

(2) The hardship and Anomaly Committee shall consist of a professional from areas of finance, taxation, law or municipal management, as the Chairperson and four other members of whom one shall be a councillor to be nominated by the Corporation, one shall be the chairperson of the Municipal Valuation Committee and one member shall be nominated from among the members of the Municipal Valuation Committee and on shall be the Additional Commissioner (Revenue) of the Corporation.

(3)The Hardship and Anomaly Committee shall make recommendation to the Corporation on the petitions received from any group of affected persons regarding any hardship or anomaly arising out of the property tax imposed, and the decision of the Corporation on such recommendation shall be final.

(4) The procedure for the functioning of the Hardship and Anomaly Committee shall be such as may be specified by the Corporation."

9. Amendment of section 119. – In the principal Act, in section 119 – (I) after proviso to sub-section (I), the following explanation shall be inserted, namely:-

“Explanation.- For the purpose of this section, property owned by a Government company or a statutory corporation, which has a corporate personality of its own, shall not be deemed to be the property of the Union.”

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(ii) sub-section (2) shall be omitted.

10. Substitution of new section for section 120. – In the principal Act, section 120 the following section shall be substituted, namely :-

“120. Incidence of property tax.- (1) (a) The property tax on any land or building shall be primarily leviable upon the owner thereof.

(b) The liability of the several owners of any land or building constituting a single unit of assessment, which is, or purports to be, severally owned in parts including flats or rooms, for payment of property tax or any instalment thereof, payable during the period of such ownership, shall be joint and several:

Provided that the Commissioner may apportion the amount of property tax on such land or building among several co-owners:

Provided further that in any case where the Commissioner is, for reasons to be recorded in writing, satisfied that the owner is not traceable, the occupier of such land or building for the time being shall be liable for payment of the property tax and shall also be entitled to the reabte, if admissible.

(c) In the case of any land or building which is not self-occupied and where the owner is constrained by any law, order of the government, or order of a Court from recovering the tax due, such tax shall be recovered from the occupier or occupiers, as the case may be:

Provided that the owner shall continue to pay such amount of tax as he was liable to pay before the coming into force of the Delhi Municipal Corporation (Amendment )Act, 2003 and only the balance amount, if any, shall be recovered from the occupier.

(d) The property tax on any land or building, which is the property of the Corporation and the possession of which has been delivered under any agreement or licensing agreement , shall be leviable upon the transferee or the licensee, as the case may be.(e)The Property tax in respect of any land or building, being the property of the Union, the possession of which has been delivered in pursuance of section 20 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 ( 44 of 1954), shall be leviable upon the transferee.

(2) if any land has been let to a tenant for a term exceeding one year and such tenant has built upon such land and the building erected thereon shall be payable by such tenant, whether the land and the building are in the occupation of such tenant or a sub-tenant of such tenant.

Explanation.- For the purpose of this section, “tenant” shall include any person deriving title to the land or the building erected upon such land, from the tenant, whether by operation of law or by transfer inter vivos.”.

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11. Insertion of new sections 120A and 120B.- in the principal Act, after section 120, the following sections shall be inserted, namely:-

120.A Levy of service charge in slums and resettlement colonies.-(1) The Corporation may, from time to time, levy on the aggregate area of land or covered space of building in any slum or any resettlement colony where no property tax is levied, a service charge of such amount, not exceeding the actual cost of providing the services as may be specified by the corporation.(2) The Corporation may, in the public interest, entrust the collection of the service charge as aforesaid to any organizagtion of slum dwellers or residents of resettlement colonies recognized by the Corporation.

120B.- Grant to group housing society, resident welfare association, market association or industrial estate.- Where any organized group of property owners and/or occupiers, such as group housing society, resident welfare association, market association, industrial estate, registered with the Corporation, provides on its own, with the approval of the Corporation, any of the civic services from among the obligatory functions of the Corporation, specified in section 42, within the area of jurisdiction of such group, the Corporation may give such grant to such group, as may be specified in the bye-laws, taking into account the services provided by such groups.

Provided that such grant shall not exceed thrity five per cent of the amount collected as property tax from the lands & buildings within the area of jurisdiction such groups.”

12. Omission of section 121.- In the principal Act, Section 121 shall be omitted.

13. Insertion of new sections 123A, 123B, 123C, and 123D.- In the principal Act, after section 123, the following sections shall be inserted, namely: -“123A Submission of returns.- (1) The Commissioner shall, with a view to determining the annual values of vacant land and covered space of building in any ward and the person primarily liable for the payment of property tax, by public notice, or by notice, in writing, require the owner & the occupier of such vacant land or covered space of building or any protion thereof, including such owner or the person computing the tax due under the provisions of section 123B, to furnish a return in such form as may be prescribed by bye-laws and within such time, not being less than thirty days from the date of publication of such notice, as may be specified therein, containing the following particulars, namely: -

(a) the name of the owner and the occupier;(b) the number of the ward, the name of the colony, and the number and the sub-number of the premises of such vacant land or covered space of building, as the case may be;(c) whether the building is pucca, semi-pucca or katcha; (d) year of completion of construction of the building, or year or years of part construction thereof, as the case may be;

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(e) the use with reference to the provisions of clause (1) of sub-section (1) of section 116a to which such vacant land or covered space of building is put or intended to be put;(f) the area of the vacant land the covered space of the building with break-up of the area under various uses; (g) whether wholly owner-occupied or wholly tenanted, or partly owner-occupied and partly tenanted, and the areas thereof; and (h) such other particulars as may be prescribed by bye-laws.

(2) (a) Every owner and every occupier as aforesaid shall be bound to comply with such notice and to furnish a return with a declaration that the statement made therein is correct to the best of knowledge and belief of such owner and occupier.

(b) whoever omits to comply with such requisition, shall in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such land or building.

(3) The Commissioner or any person subordinate to him and duly authorized by him in this behalf, in writing, or any licensed architect, may, with or without giving any previous notice to the owner or the occupier of any land or building, enter upon, and make any inspection or survey, and take measure of such land and building with a view to verifying the statement made in the return for such land or building or for collecting the particulars referred to in sub-section (1) in respect of such land or building.

Provided that no such entry shall be made except between the hours of sunrise and sunset.

123 B Self-assessment and submission of return.-(1) After the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, any owner of any vacant land or covered space of building or any other person liable to pay the property tax or any occupier in the absence of such owner or person, shall file a return of self assessment within sixty days of the coming into force of the aforesaid Act.

(2) Such owner or other person or occupier, as the case may be, shall, thereafter, file the annual return only in those cases where there is a change in the position as compared to the previous return, within three months after the end of financial year in which the change in position has occurred.

(3) Any owner of any covered space of building or vacant land or any other person liable to pay the property tax, or any occupier in the absence of such owner or person shall compute the tax due under section 114A or section 114C, as the case may be, and pay the same in equated quarterly installment by the 30 th day of June, 30th day of September, 31st day of December and 31st day of the March of the financial year for which tax is to be paid. In the event of tax being paid in one lumpsum for the financial year by the 30th day of June of the financial year, rebate of such percentage not exceeding fifteen percent, as may be notified by the Corporation, of the total tax amount due shall be allowed.

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(4) Any owner of any vacant land or covered space of building or any other person liable to pay the property tax or any occupier in the absence of the such owner or person, who computes such property tax under this section, shall, on such computation, pay the property tax on such vacant land or covered space of building, as the case may be, together with interest, if any, payable under the provision of this Act on-

(a) any new building or existing building which has not been assessed; or

(b) any existing building which has been redeveloped or substantially altered or improved after the last assessment but has not been subjected to revision of assessment consequent upon such redevelopment or alteration or improvement, as the case may be.

(5) Such owner or person, as the case may be, shall furnish to the commissioner a return of self-assessment in such form, as may be specified in the bye-laws and every such return shall be accompanied by proof of payment of property tax and interest, if any.

(6) In case of any new building for which an occupancy certificate has been granted, or which has been occupied, after the coming into force of the Delhi Municipal Corporation (Amendment) act, 2003, such payment shall be made, and such return shall be furnished, within thirty days of the expiry of the quarter in which such occupancy certificate is granted or such building is occupied, whichever is earlier.

Explanation - For the removal of doubt, it is hereby declared that occupancy certificate may be provisional or final and may be for the whole or any part of the building and occupancy may be of the of the whole or any part of the building.

(7) After the determination of the annual value of vacant land of covered space of building under section 116E or section 116For revision thereof under section 123C has been made, any amount paid on self-assessment under this section shall be deemed to have been paid on account of such determination under this Act as amended by the Delhi Municipal Corporation (Amendment) Act, 2003.

(8) If any Owner or other person as aforesaid , liable to pay the property tax under this Act, fails to pay the same together with interest thereon, if any, in accordance with the provisions of this section, he shall, without prejudice to any other action to which he may be subject, be deemed to be a defaulter in respect of such property tax, or interest, or both , remaining unpaid, and all the provisions of this act applicable to such defaulter shall apply to him accordingly.

(9) If after the assessment of the annual value of any land or covered space of building is finally made under this Act, the payment on self-assessment under this section is found to be less than that of the amount payable by the assessee, the assessee shall pay the difference within two months from the date of final assessment, failing which recovery shall be made in accordance with the

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provisions of this Act, but, after the final assessment, if it is found that the assesee has paid excess amount, such excess amount shall be refunded:

Provided that in any case where the amount of tax determined in the final assessment is more than the amount of tax paid under self assessment, and the difference in the amount of tax is, in the opinion of the Commissioner, the result of wilful suppression of facts as defined in the bye-laws, the Commissioner may levy a penalty not exceeding thirty percent of such difference in the tax besides the interest thereon:

Provided further that the levy of such penalty shall be in addition to any other punishment provided for under this Act:

Provided also that the procedure for sending of notice, hearing of objection and determination of tax and penalties shall be such as may be specified in the bye-laws (10) where no notice is sent by the Commissioner under section 123C within twelve months after the year to which such self-assessment relates, such self assessment shall be regarded as assessment made under this Act:

Provided that in any case, where there has been wilful suppression of facts, penalty upto thirty percent of the tax due may be imposed:

Provided further that the procedure for sending of notice, hearing of objection and determination of tax and penalties shall be such as may be specified in the bye-laws.

123C. Revision of assessment. – (1)The Commissioner may cause any revision to be made at any time in the annual value of any vacant land or covered space of building or any portion thereof in the following cases, namely:-(i) where the nature of use changes; or

(ii) where the nature of occupancy changes; or

(iii) where a new building is erected or an existing building is redeveloped or substantially altered or improved during the period of annual value remains in force; or

(iv) where, on an application made, in writing, by the owner or the person liable to pay the property tax, it is established that during the period the annual value is in force, such value has been reduced by reason of any substantial demolition or has suffered depreciation on account of any accident or any calamity proved to the satisfaction of the Commissioner to have been beyond the control of such owner or person; or

(v) where any vacant land or covered space of building or portion thereof is acquired by purchase or otherwise by the Central Government or the Government or the Corporation; or

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(vi) where any vacant land or covered space of a building or portion thereof is sold or otherwise transferred to the Central Government or the Government or the Corporation; or

(vii) where, upon the acquisition or transfer of a part of any vacant land or covered space of building, a residual portions remains; or

(viii) where it becomes necessary so to do for any other reason to be recorded in writing.

(2) Before making any revision of the annual value under sub-section(1), the Commissioner shall give any owner, person or occupier as a case may be, affected by such revision, notice of not less than 30 days that he proposes to make the revision and consider any objections which may be made by such owner, person or occupier.

(3) Notwithstanding anything contained in sub-section (1), where the annual value of any vacant land or covered space of building –

(i) has not, for any reason, been determined under this Act, the annual value of such vacant land or covered space of building, as the case may be, may be determined by the Commissioner at any time during the currency of the period of assessment in respect of such vacant land or covered space of building under section 116E or section 116F, as the case may be; or

(ii) has been cancelled on the ground of irregularity, the annual value of such vacant land or covered space of building, as the case may be, may be determined by the Commissioner at any time after such cancellation;

and such annual value of such vacant land or covered space of building, as the case may be, shall remain in force until a fresh valuation or revision is made.

(4) Any revision of annual value of any vacant land or covered space of building or any portion thereof under this section shall be made with reference to the group into which such vacant land or covered space of building or part thereof is classified under section 116A, and the annual value fixed per unit area of such vacant land or covered space of building for that group shall be applicable.

(5) Notwithstanding anything contained in the foregoing provisions of this section, no revision of the annual value of any vacant land or covered space of building under this section shall be made without giving the owner or the occupier of such vacant land or covered space of building a reasonable opportunity of being heard.

(6) Where any revision of annual value of any vacant land or covered space of building is made under this section, the order of such revision shall be communicated to the owner or the occupier of such vacant land or covered space of building within ten days from the date of the order.

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(7) An appeal shal lie against an order under sub-section (6) to an officer appointed by the Government, if preferred by the owner, person or the occupier of such vacant land or cover space of bulding within forty –five days from the date of the receipt of the order.

123D. Power of Commissioner regarding assessment. – The Commissioner may, at any time –

(a) make, suo motu, an assessment in any case where a return on the basis of self assessment has not been filed;

(b) revise any assessment where the information furnished in the return of self assessment is found to be incorrect;(c) reopen any assessment even after the period of one year in any case where it has been detected that there is wilful suppression of information; and

(d) impose a penalty not exceeding thirty percent of the difference in tax arising from non-filling of a return in time, giving wrong information or wilful suppression of facts.”

14. Substitution of section 124. - In the principal Act, for section 124, the following section shall be substituted, namely :-

“ 124 Municipal Assessment Book. – (1)The Corporation shall maintain a Municipal Assessment Book in such form, and in such manner, as may be specified in the bye-laws and shall make it available for inspection, free of charge, through electronic media or otherwise:

Provided that the Municipal Assessment Book shall not be kept pending for any case for which any objection or appeal has been filed.

(2) The Commissioner may, at any time, amend the Municipal Assessment Book for such reasons as may be specified in the bye-laws:

Provided that no such amendment shall be made without giving any person affected a reasonable opportunity of being heard.”.

15. Substitution of new section for section 125. - In the principal Act, for section 125, the following section shall be substituted, namely:-

“125. Assignment of property identification code. - (1) The Corporation shall cause to be maintained a register wherein the property identification code numbers by which any premises or part thereof shall be known, shall be recorded in respect of each such premises in the municipal area and such numbers shall be fixed in such manner as may be specified in the bye-laws.

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(2) When the property identification code numbers in respect of premises in nay ward of the Corporation have been determined, the Commissioner shall notify the same in such manner as may be prescribed in the bye-laws.

(3) After the property identification code numbers in respect of premises in any ward have been notified under sub-section (2), any person required under this Act or any other law to make any application to the Corporation for permission, Licence or for payment of any tax or for payment of any dues for any service and for other such purposes as may be prescribed, shall at the time of making such application mentioned in the application, the property identification code number determined under sub-section (1).”

16. Omission of section 126.- In the principal Act, section 126 shall be omitted.

17. Omission of section 127. - In the principal Act, section 127 shall be omitted.

18. Amendment of section 128. - In the principal Act, in section 128, for sub-section(5), the following sub-section shall be substituted, namely :-“(5) The Commissioner shall record every transfer or devolution or title notified to him under this section in his books and in the Municipal Assessment Book:

Provided that before recording such transfer or devolution of title, the Commissioner shall satisfy himself that any duty on transfer of property leviable under section 147 has been paid.”





23. Amendment of section 147. - In the principal Act, in section 147, in sub-section (2), in the table below clause (b), after entry (v) of the table, the following entry shall be inserted, namely :-

“(vi) Contract for transfer of Ninety percent of the value of the immovable property consideration for the transfer as

set out in the contract.”.

24. Substitution of new sections for section 152. – In the principal Act, for section 152, the following section shall be substituted, namely :-

“152.Time and manner of payment of taxes.-(1) Save as other wise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of installments and in such manner as may be determined by bye-laws made in this behalf:

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Provided that if, on the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, there is any increase in the amount of property tax which was being paid or was payable immediately before the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, the difference in the amount of property tax in the excess of fifty percent above the tax being paid or being payable, shall be given effect to by stages covering a period of a period of three years by dividing the amount of such increase in the property tax by three, the quotient being added to the amount of property tax which was payable immediately before the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, and to the amount of property tax which shall be payable respectively in each of the remaining two successive years after such addition.

(2)Where any person liable for the payment of property tax under this Act has failed to pay –

(a) such tax by the date as specified in sub-section (3) of section 123B; or

(b) the arrear of tax, interest and penalty, if any, and any other sum in the nature of tax upto the 31st March of the preceding financial year;

he shall be liable to pay simple interest at the rate of one percent for every month or part of the month comprising the period from the expiry of the due date, till the amount is actually paid.152 A Punishment for willful default in payment of property tax, furnishing wrong information in return of assessment, etc. –Whoever willfully makes default in the payment of, or willfully attempts in any manner whatsoever to evade, any tax, including amount of interest due and penalty levied under this Act, or furnishes any wrong information in the return of assessment, or willfully fails to furnish in due time the return of property tax, or does not furnish information as asked for under any provision of this Act, he shall, without prejudice to any other penal provision under this Act to which he may be subject, be punishable,-

a. in the case where the amount of tax sought to be evaded exceeds ten lakh rupees, with rigorous imprisonment for a term which shall not be less than three months but which may extend upto seven years, and with fine of not less than fifty percent of the amount of tax evaded; andb. in any other case, with rigorous imprisonment for a term which shall not be less than one month but which may extend upto three years, and with fine of not less than fifty percent of the amount of tax evaded:

Provided that the penalties so imposed shall be in addition to, and not in derogation of, any liability in respect of the payment of tax which the defaulter may have incurred.”

25. Amendment of section 153. – In the principal Act, in section 153, in sub-section(1), the clause(a) shall be renumbered as clause(aa) and before clause (aa) as so renumbered, the following clause shall be inserted, namely :-

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“(a) property tax payable on self-assessment of vacant land or covered space in any building;”

26. Insertion of new section 156 A. – In the principal Act, after section 156, the following section shall be inserted, namely: -

“156A. Recovery of property tax,- If, after the coming into force of the Delhi Municipal Corporation (Amendment) Act, 2003, any owner of any vacant land or covered space of building or any other person liable to pay the pro party tax or any occupier, in the absence of any such owner of person, does not file a return of self-assessment within sixty days of the coming into force of the Delhi Municipal Corporation (Amendment) Act,2003 or if the person liable for the payment of property tax does not pay the amount due within the due date, such sum together with all costs and penalty may be recovered under a warrant, issued in the form set forth in the Eighth Schedule, by distress and sale of the movable property, or the attachment and sale of the immovable property, of the defaulter:

Provided that the Commissioner shall not recover any sum the liability for which has been remitted on appeal under the provisions of this Act”.






32. Substitution of new section 169.- In the principal Act, for section 169, the following section shall be substituted, namely:- “169. Appeal against assessment, etc.-(1) An appeal against the levy or assessment or revision of assessment of any tax under this Act shall lie to the Municipal Taxation Tribunal constituted under this section :

Provided that the full amount of the property tax shall be paid before filing any appeal:

Provided further that the Municipal Taxation Tribunal may, with the approval of the District Judge of Delhi, also take up any case for which any appeal may be pending before the court of such District Judge.

Provided also that any appeal pending before the court of such District Judge shall be transferred to the Municipal Taxation Tribunal for disposal, if requested by the applicant for the settlement thereof on the basis of annual value.

(2)(a) The Government shall constitute a Municipal Taxation Tribunal consisting of a Chairperson and such other members as the Government may determine:

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Provided that on the recommendation of the Government, the Chairperson may constitute one or more separate Benches, each Bench comprising two members, one of whom shall be a member of the Higher Judicial Service of a State or a Union territory and the other member from the higher administrative service, and may transfer to any such Bench any appeal for disposal or may withdraw from any Bench any appeal before it is finally disposed of.

(b)The Chairperson, and not less than half of the other members, of the Municipal Taxation Tribunal shall be persons who are or have been the members of the Higher Judicial Service of a State or a Union Territory for a period of not less than five years, and the remaining members, if any, shall have such qualifications and experience as the Government may by rules determine.

(c) The Chairperson and the other members of the Municipal Taxation Tribunal shall be appointed by the Government for a period of five years or till they attain the age of sixty-five years, whichever is earlier.

(d) The other terms and conditions of service of the Chairperson and the other members of the Municipal Taxation Tribunal, including salaries and allowances, shall be such as may be determined by rules by the Government.

(e) The salaries and allowances of the Chairperson and the other members of the Municipal Taxation Tribunal shall be paid from the Municipal Fund.

(3) In every appeal, the costs shall be in the discretion of the Municipal Taxation Tribunal or the bench thereof, if any.

(4) Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrear of tax due from the appellant.

(5) If the Corporation fails to pay any costs awarded to an appellant within ten days from the date of the order for payment thereof, the Municipal Taxation Tribunal may order the Commissioner to pay the costs to the appellant”.

33. Amendment of section 170.- In the Principal Act, in section 170, in clause(a), in the proviso, for the word “court”, the words “Municipal Taxation Tribunal” shall be substituted.

34. Amendment of section 171.- In the principal Act, in section 171, in the proviso, for the word “court’, the words :Municipal Taxation Tribunal” shall be substituted.

35. Insration of new section 172A.- In the principal Act, after section 172, the following section shall be inserted, namely :-

“172A. Power to appoint an agency for administration of property tax.- (1) The Commissioner may, subject to such bye-laws as specified by the Corporation

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in this behalf, appoint any citizen’s welfare association recognized by the Corporation, or any Schedule bank, or any person or other agency to-(a) maintain the assessment book under section 124;(b) collect tax and deposit the same with the Corporation; and(c) carry out such other tasks as may be assigned to them by a resolution of the Standing Committee.

(2) Such citizen’s welfare association, bank or person, or other agency shall be paid such collection charges as may be authorized by such bye-laws as may be specified by the Corporation”.

36. Amendment of Twelfth Schedule.- In the principal Act, in the Twelfth Schedule – (i) the entry with respect to section 131 shall be omitted, (ii) the entry with respect to section 168 shall be omitted.

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STATEMENT OF OBJECTS AND REASONS

The existing system of property tax assessment in the Municipal Corporation of Delhi based on the provisions of Chapter VIII of the Delhi Municipal Corporation Act,1957 is being replaced by a new system called the “Unit Area Method” through suitable amendments in the relevant provisions of the said Chapter.

2. Under the existing system, the property tax levied on the lands and buildings is based on the annual ‘rateable value’ thereof. This ‘rateable value’ is defined to represent the “annual rent at which land or building might reasonably be expected to let from year to year.’ In the case of self-occupied properties, the rateable value is determined with reference to the cost/value of property. Similarly, in the case of rent control properties, the ‘standard rent’ is a basis of the ‘rateable value’. The standard rent is fixed at 10 percent of the aggregate amount of the market price of land at the time of the commencement of the construction and the reasonable cost of construction. The factors required for determination of the ‘rateable value’ are, therefore, so subjective that they lead to the dominance of the ‘inspector raj’

3. The new area-based method of property tax assessment is the outcome of a long drawn quest made by experts and administrators to explore a simple, transparent, more or less mechanical and standard mechanism for determination of the annual value of properties.

4. Under the new system, unit area value (i.e. value per sq, ft/mtr) of a property is fixed with reference to such characteristics of the property as location, occupancy, age, structure and use and the same is, then, multiplied by the area of a vacant land or covered space of a building to find out its ‘annual value’. The ‘annual value’ so determined becomes the base for levy of property tax. Under this system, all similar and similarly placed properties will come to be assessed similarly and will be subject to the same tax incidence.

5. The prominent cities were the unit area method has been adopted are Ahmedabad, Bangalore, Chennai and Patana and the system is reported to be working well. The system proposed for the Municipal Corporation of Delhi is based basically on the recommendations of an Expert Committee which had been appointed by the Government of National Capital Territory of Delhi in July last year.

6. The Bill is intended to achieve the aforesaid objectives.

(Dr.A.K.Walia)Minister of Urban Development

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MEMORANDUM REGARDING DELIGATED LEGISLATION

Under Clause 6 of the Bill, the Corporation is empowered to frame bye-

laws (i) to define a “physically challenged person”, and (ii) to prescribe the extent

of construction on the plot area for claiming exemption from vacant land tax.

Under Clause 7 of the Bill, the Corporation is given the power to frame

bye-laws (i) to prescribe guidelines in respect of “agricultural purposes”, (ii) to

elucidate, “public charity” and (iii) to prescribe the scale of service charges on

properties exempt from property tax and the rate of fees for application regarding

apportionment of property tax among occupiers.

Clause 8 of the Bill empowers the Government to determine by rules, the

qualification and experience requisite for appointment of Chairperson and other

members of the Municipal Valuation Committee, as also their terms and conditions

of service including salaries and allowances, tenure of office etc.


laws to prescribe use-wise and age-wise categories of buildings, categories of

streets and structure categories.


laws to specify the quantum of grant of housing societies etc who undertake to

provide civic services within their areas of jurisdiction.

Under Clause 13 of the Bill, the Corporation is empowered to frame bye-laws to

prescribe details of particulars required to the given in the return – form, the form

and the manner of a self assessment form, procedure for sending notice, hearing

objections and determination of penalties, etc.

Under Clause 13 of the Bill, the Corporation has the power to define the term

“wilful suppression facts”.

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prescribe form and manner for the maintenance of the Municipal Assessment Book

and reasons for the amendment thereof.


prescribe the manner for fixation and notification Property Identifications Code.

Clause 32 of the Bill empowers the Government to frame rules to determine the

qualification, experience, salaries and allowances etc. of the members of the

Municipal Taxation Tribunal.

Clause 35 of the Bill empowers the Corporation to frame bye-laws to prescribe the

procedure for appointment of agencies for collection of property tax and fixation of

rate of commissions charges to be paid to them.

The matters in respect of which the Government and the Corporation are

empowered to frame rules and bye-laws are maters of administrative detail and

procedure and, as such, the delegation of legislative power is of normal character.

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FINANCIAL MEMORANDUM The Delhi Municipal Corporation (Amendment) Bill, 2003 aimed at

installation of the Unit Area Method of property tax assessment in the Municipal

Corporation of Delhi, does not involve any additional financial assistance to the

Corporation from the Central Government through substantive expenditure from

the Consolidated Fund of the National Capital Territory of Delhi.

In so far as the Municipal Corporation of Delhi is concerned, the

introduction of the new method while on the one hand, is expected to bring in

improvement in their tax revenues, it may on the other hand, involve some

additional expenditure on account of constitution of Municipal Valuation

Committee, Anomalies and Hardship Committee and Municipal Taxation Tribunal,

and introduction of Property Identification Code. The expenditure on the salaries,

allowances etc. of the Members of the above-mentioned two temporary Committee

and of the standing Taxation Tribunal will be borne by the Municipal Fund.

However, it is not possible at this stage to qualify the amount, since the number of

Members and also the scale of their salaries, allowances etc. will be determined by

rules and bye-laws to be made by the Government or the Corporation as the case

may be.

The Corporation has been directed not to create any new post in connection

with the introduction of the new method, other than those of the Members of the

above-mentioned three statutory bodies, except through matching savings.

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ITEM NO. 3 (xix) (M-7)

IMPLEMENTATION OF MID-DAY-MEAL SCHEME.

1.1 The proposal relating to implementation of Mid-Day Meal in NDMC

schools was discussed in the Council's Special meeting held on 12.06.03.

(Annexure See pages 162 - 166). During the Council meeting, it was decided to

collect details from MCD and it has been informed that MCD proposes to supply

two items i.e. (i) Chana Dal Pulao & (ii) Mixed Vegetable Pulao at the cost of

Rs.2/- per child. It is learnt that MCD has already tendered in this regard about six

months back and are negotiating for finalization of the contract and may be in a

position to finalise the scheme by the time the schools reopen after the summer

vacation. It is necessary to implement the scheme by 1st July, 2003, in view of the

Supreme Court order. It is, therefore, proposed that we may go ahead with the

advertisement for the said scheme. The Council has already approved the

implementation of the scheme at higher cost of Rs.3/- per child and we may go

ahead with the tender notice as the actual cost is going to be between Rs.2/- to

Rs.3/- if we include the component of free rice by Central Government for the

items mentioned in Group - I. The tender notice is placed at (ANNEXURE See

pages 167 - 168) wherein two groupings have been made as under :

Group - I Group – II

1. Channa Dal Pulao

2. Mixed Vegetables Pulao

1. Ground -nut Pakodas

2. Palak-Dal-Cutlets

3. Mixed Dal cheela

4. Dal/Besan Cheela

1.2 The estimated cost of implementation of the said scheme is as follows : No. of Students

NDMC Schools Nursery = 3543

Primary = 18645

NDMC Aided Schools Primary = 1055

Welfare Department NDMC Balbari = 600

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Total = 23,843

Per day Estimated Expenditure @ Rs.3/- per student.

Per day = Rs.3x23,843 = Rs.71,529/-

Estimated Expenditure for 200 days = Rs.71,529x200

= Rs.143,05,800 = Rs.143.06 Lacs (Say)

1.3 Subsequent to the Council's deliberations on 12.6.03 a meeting was held on

20.6.03 under the chairmanship of Commissioner-cum-Secretary (Food &

Supplies) wherein it was mentioned that wheat/rice is to be lifted by DSCSC from

godowns of FCI and to be supplied to various Fair Price Shops. It was also

mentioned that 3 months' advance be given for transportation and handling charges

to DSCSC for the same. The loose ends in the above arrangement have not yet

been tied up and is likely to take some time. In the meantime, we need to go ahead

with the implementation of the scheme.

1.4 It is, therefore, proposed, that we may go ahead with the implementation of

the scheme and in this connection the following proposals are submitted to the

Council for approval :

(i) Approval of Estimated Expenditure of Rs. 1.43 crores.

(ii) Approval of modifications/changes made in para 4.1 and 4.5 in

the tender notice discussed in Special Meeting of Council held

on 12.6.03, as under :

"Para 4.1: The proposed menu which is to be served as under :

Group - I Group – II

1. Channa Dal Pulao

2. Mixed Vegetables Pulao

1. Ground -nut Pakodas

2. Palak-Dal-Cutlets

3. Mixed Dal cheela

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4. Dal/Besan Cheela

The N.G.O./Firms/individual who are given the assignment will arrange to lift the wheat/rice from the fair price shop/FCI on the basis of allocations of wheat/rice quota by the Government of India/NDMC for the items mentioned in Group-I. The selected parties will have to get the samples tested from any reputed laboratory regarding requisite calories & protein contents at their own cost.

Para 4.5: However, the Head of the School would be responsible for selection of supplier and the selected party will have to enter into contract with the Heads of the Schools."


(iii) Approval of Tender Notice at (Annexure See pages 167 - 168), after incorporating the above changes discussed in meeting held on 12.6.03.

COUNCIL’S DECISIONResolved by the Council that :-

1. An expenditure of Rs.143.06 lacs is sanctioned for implementation of the scheme in all NDMC & NDMC aided schools and Balwaries run by Welfare Department, upto Primary level.

2. In Group – I menu, the total items after adding ten more items will be as under : Group - I1. Channa Dal Pulao2. Mixed Vegetables Pulao3. Paushtik Roti4. Staffed Paranthas5. Dal Paranthas6. Vegetable Dalia7. Chidwa & Moong Dalia8. Paushtik Dalia9. Vegetable Poha10. Vegetable Upma11. Rava Idli with vegetable12. Sambar Rice.

3. In Group-II the total items will be as under:1. Ground-nut Pakodas2. Palak-Dal Cuttlets3. Mixed-Dal Cheela4. Dal/Besan Cheela

4. That quantity of each item should be such that it meets the requirement of 300 calories & 8-12 gms. Protein.

5. The NGO / Firm / Individual, who is given the assignment of Mid Day Meal Scheme, will lift the wheat / Rice from the Fare Price Shop/FCI, on the basis of allocation of quota by the Government of India / NDMC, for items mentioned in Group – I.

6. No supplier should be allowed to supply cooked meal to more than 5 schools.7. The supplier, will have to get the samples tested from any reputed laboratory regarding

requisite calories and protein contents at his own cost at regular interval or as and when directed by the authorities.

ITEM NO. 1

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(IMPLEMENTATION OF THE MID-DAY-MEAL SCHEME)

1. BACKGROUND

Government of India‘s “National Policy for Children” formulated in 1974 reorganized children as the country'’ supreme human resource The State assured the responsibility for providing adequate services both before and after birth and during their period of growth for ensuring their physical and mental development. Mid day-meal programme is a Plan scheme of the Directorate of Education, Government of Delhi. NDMC receives Plan assistance @ Rs.2 per student per day from 1.1.1998.

1.2 The scheme envisaged provision of wheat /rice @100gms per student per day from nearest Food Corporation of India godown, for which the Central Government allocated the wheat quota. The scheme further stipulated that it should have 300 calories and 8 to 10 grams of protein per day per child for a minimum of 200 days in a year.

1.3 N.D.M.C. has been providing mid-day-meal consisting of fresh seasonal fruits supplied by the M/s. Fruits &Vegetable Ltd. (A project of National Dairy Development Board) up to the students of classVIII.

2.1 Hon’ble Supreme Court directed the State / Union Territory Governments to implement the mid-day-meal scheme by providing each child in every Government and Government assisted primary schools with a prepared mid day meal with a minimum content of 300 calories and 8 – 12 gms. of protein each day of scheme for a minimum of 200 days.

2.2 In pursuance of the aforesaid directive, the Directorate of Education, Government of Delhi convened a meeting on 25.3.2003 in which representatives of MCD and NDMC were also called to formulate modalities for implementing the directive. In the meeting the need to have a common approach was stressed for the purpose of uniformity in all schools regardless of their location. Accordingly, a common menu was decided as under :

a) Groundnut Pakodas b) Palak Dal Cutlets c) Mixed Dal Cheela d) Chana Dal Pulaoe) Mixed Veg.Pulaof) Cheela

2.3 In the meeting it was decided that the expenditure would be restricted to Rs.3/- per child per day and the heads of schools would be delegated powers to procure cooked mid-day meal to the extent of one time advance amounting to Rs.37, 500/- p.m.

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2.4 The matter was placed before the Council in its ordinary meeting held on 23.4.2003. Council deferred the proposal and suggested a separate meeting for examining the issues in greater detail.

2.5 Subsequently, a meeting was held on 5/5/2003 in the chamber of Director of Education , Govt. of NCT of Delhi. The following clarification were provided by them on the points raised by the Education Deptt. NDMC.

a) Mode of procurement of supply of cooked food- It was clarified that they had published a public notice to this effect on 6/5/2003 inviting interested parties such as Parents Teacher Association, Resident Welfare Association, NGOs, reputed caterers, self help groups etc. for supply of cooked mid day meal as per common menu indicated therein.

b) Criteria for selection of the suppliers: It is stated that the supplier would be decided on the offer received in response to the public notice.

c) So far as weight of the cooked food to be supplied per student, it was clarified that this would contain 300 calories and 8-10 gms of protein. Regarding specifications or the exact weight, a demonstration was given by representatives of the Delhi Government on 7.5.2003 with the help of some Home Science Teachers where officials of NDMC / MCD and Dieticians of LNJP Hospital were present.

d) Regarding the decision as to whether the mid-day-meal is to be provided to aided School, it was clarified that they were taking it as a pilot project presently in Sarvodya Vidyalayas of GNCT of Delhi. However the orders of the Hon’ble Supreme Court are explicitly clear that the mid-day-meal is to be provided in Govt. and Government assisted primary schools.

e) It was also felt that the students of KG and Nursery should also be provided mid day meals.

f) As regards to Central assistance to the scheme with a provision of wheat/rice @ 100 grams per student per day from the nearest godown of FCI, it was clarified that procurement of mid day meal is to be effected in a decentralized manner. Therefore, it would not be feasible for schools or their suppliers to lift grains from the FCI godowns.

3. The case is now laid before the Council for implementing the mid day meal Scheme for nursery to primary student of NDMC & NDMC Aided Schools on the analogy of Govt. of N.C.T. of Delhi for the approval of the following:

4. GUIDELINES

4.1 Procurement of mid-day-meal is to be effected in a decentralized manner by the concerned heads of NDMC Schools and they should raise the bill after recording certificate to the effect that the meals ordered by the schools had been actually been received and provided to students up to primary level. The menu of 6 items are as under :-

i) Groundnut Pakodas

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ii) Palak Dal Cutletsii) Mixed Dal cheelaiv) Channa Dal Pulaov) Mixed Vegetable Pulaovi) Cheela

4.2 In order to minimise any irregularity and for proper monitoring and accountability, while concerned Deputy Education Officers and heads and heads of schools would be responsible for monitoring the implementation of the scheme, under the guidance of Secretary and Director (Education) overall monitoring and supervision would be done by Assistant Education Officers (Mid Day Meal Scheme).

4.3 Mid-day-meal should be procured from any of the following sources :

(i) Parents Teachers Association (ii) Vidyalaya Kalyan Samiti.

(iii) Resident Welfare Association.(iv) Non-Governmental Organization (v) Reputed Caterers having infrastructures for canteens.

(vi) Kitchen of the Social Welfare homes if available in the vicinity.(vii) Anganwadis.

(viii) Institutions with considerable experience in providing cooked meals in clusters.

(ix) Proprietor or Partners of firms/individuals of repute in supplying the cooked meals.

(x) Thiar Jail .(xi) Self Help Groups.

4.4 Mid-day-meal is to be supplied @Rs.3/- per child per day .The head of the school would constitute a committee for selection of NGOs /supplier consisting of the followings: -

(i) Head of the institution/Schools Chair-person(ii) Home Science/ Science Background Teacher Member

(iii) Parent Teacher Association representative Member

4.5 The head of the school should enter into a rate contract after short listing the eligible suppliers for supply of cooked Mid-Day-Meal . He /she will be responsible for supply of mid day meal as per orders of the Hon’ble Supreme Court of India. Head of the school would be responsible for selection of NGOs / supplier of the mid day meal in his /her schools hare the responsibility for proper implementation of the directive in letter and sprit.

4.6 The Parent Teacher Association as an intermediator can supervise the scheme, However the decision of selection of supplier rests strictly with the Head of the schools and there would be no dilution of responsibility on this account. 4.7 There would be a supervision mechanism to be put in place in due course of time.

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5. IMPLEMENTATION PLAN

5.1 Director of Education and all concerned officers would provide all assistance for successful implementation of the scheme.

5.2 Since cooked mid-day-meals scheme is to be immediately implemented, the head of schools would be granted one time advance @ Rs. 3/- per student per day for 25 days of the existing strength of the students / school. The head of the school will render accounts of the expenditure on the scheme and furnish the same to Education Department with utmost promptitude.5.3 Training to the heads of schools to maintain record of advance, bills,

voucher etc. shall be arranged by the Director (Accounts).5.4 Format of maintenance of accounts etc. would be worked out by Accounts

Department and shall be followed by all the heads of the schools. Director of Education will render all assistance and ensure rendition and reconciliation of accounts by the head of school.

5.5 The supply order will be placed by the head of the school every month on the basis of average attendance of student during the preceding month and every effort should be made by the heads of the schools to receive the supply of food in accordance with the attendance of the students.

6. HEALTH & HYGIENE:

6.1 Dietician/Medical Officer to be nominated by the MOH, NDMC should make a periodical check up about the type & quality of cooked mid day meal being supplied in NDMC schools and in case of any adverse impact on health & nutrition of students, remedial steps should be immediately undertaken by the Health Department.

6.2 Checking and ensuring the quality and the exact quantity of the food supplied will be done by the concerned head of the school or the by the nominated teacher jointly with the help of the representative of MOH . Besides this, the MOH will organize regular and surprise checks through his Staff to ensure that the quality and hygiene is being maintained .MOH shall also carry out the periodical checks through a Dieticians.

7. ADMINISTRATIVE APPROVAL & ESTIMATED EXPENDITURE SANCTION FOR 2003-04:

An estimated annual expenditure of Rs.139.46Lacs @ Rs. 3/- per student per day for 200 days approx for implementing the mid day meal scheme up to primary level in NDMC & NDMC aided Schools as per detailed below: Enrolment details (as on 30.09.2002):NDMC Schools Nursery = 3543 Primary = 18645NDMC Aided Schools Primary = 1055

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Total =23,243Per day Estimated Expenditure @ Rs.3- per student per day =Rs.3x 23,243 =Rs.69,729 Estimated Expenditure for 200 days =Rs.69,729x200 =Rs.139,45,800 =Rs.139.46Lacs(Say)

8. NDMC NAVYUG SCHOOLS:

The Navyug Schools have their own funds & infrastructure separately. Hence they may be asked to implement the scheme at their own level. Fund will be provided to the schools by way of grant-in-aid by NDMC.


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NEW DELHI MUNICIPAL COUNCILPALIKA KENDRA: NEW DELHI

SUPPLY OF COOKED MID-DAY MEAL IN NDMC SCHOOL NEW DELHI

In compliance with the Order of the Hon’ble Supreme Court of India in the

case titled People Union for Civil Liberties V/S Union Of India, CWP No.

196/2001 to provide cooked Mid-Day Meal to every child in primary schools with

a minimum content of 300 calories & 8-12 grams of protein, it has been decided to

implement the Scheme in 84 NDMC & NDMC Aided Schools and nos. of balbari

and one Day-Time Sr. Sec. School run by the Welfare department with

approximately 24000 students up to Primary level in its jurisdiction on the

reopening of schools after summer vacations.

All the interested parties such as :-

i. Parents Teacher Association ii. Vidhyalay Kalyan Samiti

iii. Resident Welfare Association iv. Non-Government Organizationv. Reputed caters having infrastructure for canteens

vi. Kitchen of the Social welfare homes if available in the vicinity. vii. Anganwadis

viii. Institution with considerable experience in providing cooked meals in clusters ix. Proprietor of partners of firms/individuals of repute in supplying the cooked

meals x. Tihar jai

xi. Self help groups

All the interested parties should offer the rates for the supply of prepared

meal per child per day inclusive of transportation, distribution service of the meals

and cleanliness for both Group I & Group II items separately. The quotations

should be put to the tender box placed at the ground floor of Palika Kendra within

15 days of the publication of this advertisement. The list of the NDMC Schools is

available at the website www.ndmc.gov.in and can also be obtained from

Education Department, NDMC, Room No. 8013, 8th floor , Palika Kendra, New

Delhi.

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http://www.ndmc.gov.in/

The proposed menu which is to be served would be as under:-

Group –I Group-II 1.Channa Dal Pulao 1.Ground-nut Pakodas. 2.Mixed Vegetables Pulao 2.Palak- Dal -Cutlets

3.Mixed Dal cheela 4. Dal/Besan Cheela

NOTE: THE OTHER MENUS ARE ALSO AVAILABLE AND MAY BE CHANGED BY THE DEPTT. FROM TIME TO TIME.

The head of the school would constitute a committee for selection of NGOs/supplier consisting of the following:- 1. Head of the schools : Chairperson2. Home Science/Science : Member

background teacher

3. Parents Teacher Association : Member

However the Head of the School would be responsible for selection of supplier and the selected parties will have to enter into contract with the Heads of the Schools. The Parent Teacher Associations will be closely associated with the monitoring of the scheme.

The N.G.O/Firms/individual who are given the assignment will arrange to lift the wheat/rice from the fair price shop/FCI on the basis of allocations of wheat/rice quota by the Government of India/NDMC for the items mentioned in Group-I. The selected parties will have to get the samples tested from any reputed laboratory regarding requisite calories & protein content at their own cost.

Sd/-(SANJIV KUMAR)

SECRETARY, NDMC

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ITEM NO. 3 (xx) (V-6)

CLOSURE OF TALKATORA ROAD.

The past history and the status of this project was placed before the meeting

of the Council held on 23.4.2003, when the following decision was taken :

“Resolved by the Council that the proposal to publish public notice for inviting objections and suggestions for closure of Talkatora Road in terms of section 203(2) of the NDMC Act, 1994, is approved.

It was decided to issue this notice immediately without confirmation of the minutes and to publish the notice in two newspapers having circulation in the NDMC area.

It was further decided that the objections and suggestions thus received shall be considered by the Committee comprising of the following :

1. Chairperson, NDMC – Chairman.

2. Sh M.P. Chawla, Member, NDMC.

3. Sh K.T.Gurumukhi, Member, NDMC.

4. Commissioner, Planning, DDA

5. DCP (Traffic), New Delhi.

6. Chief Architect, NDMC.

7. Chief Engineer, Civil, NDMC.

In compliance of the above decision, notice for inviting public

objections/suggestions for closure of Talkatora Road was published in the Times of

India and Hindustan Times of 4.5.2003. The following three citizens sent written

objections/suggestions :

1. Sh Kuldip Singh

2. Sh Ravi Kiran Chhibber

3. Mrs Renu Kakkar

These three objections/suggestions have since been considered by the

Committee constituted by the Council. The recommendations of the Committee

are enclosed with this agenda note for consideration and decision of the Council.

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The Council may also consider allotment of land available as a result of closure to

CPWD/Lok Sabha Sectt. for inclusion in the integrated complex of Lok Sabha and

its annexe. It is suggested that till such time that DDA/MoUD/CPWD decide

about the use of this land, the allotment may be considered only for keeping the

said land for non construction green activities.

The case is placed before the Council for consideration and decision.


After considering the recommendation of the Committee, which considered the objections / suggestions submitted by three citizens, the Council resolved that the proposal for closure of Talkatora Road between Parliament Complex and Parliament Annexe is approved.

Further, the Chairperson was authorized to decide about the actual date of closure, depending upon the widening of Imtiaz Khan Road. The Council also authorized the Chairperson to allot the land available as a result of closure of above mentioned road to CPWD / Lok Sabha Sectt. only for keeping the said land for non-construction green activity.

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ITEM NO. 3 (xxi) (K-5)

ENHANCEMENT OF FEE CHARGES FOR TRADES IN WTI --- AFFILIATED TO DIRECTORATE OF TRAINING AND TECHNICAL EDUCATION, (DTTE), GOVT. OF NCT OF DELHI.

New Delhi Municipal Council has started a number of Social Education

Centers within its area for imparting literacy as well as Vocational Training for

Women. In order to enhance opportunities for technical education for women after

secondary schooling, NDMC started the “Mahila Takniki Sansthan”, i.e., Women

Technical Institute’ at Netaji Nagar, New Delhi in the year 1990.

The fees schedule at WTI has been at parity with that adopted by GNCTD

along-with other rules / norms as laid by Directorate General Employment and

Training, Govt. of India – to keep parity with the GNCTD run ITI’s – affiliated to

DTTE.

The DTTE has enhanced the fee structure for the session 2003-04 to the

tune of 10 times over and above the existing fees. The same has been conveyed

vide its order dated : 21.04.2003 (Annexure See pages 173 - 175), and

reproduced below :

FEES

For NCVT / SCVT Trades:

SN Fees Earlier / Pre-revised(Rs.)

Proposed Revision

(Rs.)1 Registration Fees 15.00(in WTI) / 30.00 (in ITI) 50.002 Caution money 50.00 500.003 Tuition Fees 20.00 p.m. 200.004 Admission Fees 5.00 (only charged by WTI) ---5 Form with Prospectus in ITI (for 3

trades)30.00 50.00

Form with Prospectus in WTI (for one trade)

10.00 40.00

6 Application form in ITI 10.00 20.00Application form in WTI Not sold loose 10.00

7 Examination Fees 25.00 100.00

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The above comparative chart details the fee schedule of GNCT run ITI’s.

On the same analogy, the department proposes the following changes in the fee

schedule for WTI, as below :

SN Fees Earlier / Pre-revised(Rs.)

Proposed Revision

(Rs.)1 Registration Fees 15.00(in WTI) / 30.00 (in ITI) 50.002 Caution money 50.00 500.003 Tuition Fees 20.00 p.m. 200.004 Admission Fees 5.00 (only charged by WTI) ---5 Form with Prospectus in WTI

(for one trade)10.00 40.00

6 Application form in WTI Not sold loose 10.007 Examination Fees 25.00 100.00


The case is laid before The Council for adoption of the revised fee structure

to bring the same at par with GNCTD run ITI’s, as per guidelines of DTTE.


Resolved by the Council that the proposal for revision of fees is deferred.

Further, the Council considered the proposal of the department & proposed to raise the fees at Women Technical Institute, Netaji Nagar, to bring it at par with the fees, revised recently by the Government of NCT of Delhi, for its I.T.I.’s., being run under the Directorate of Training and Technical Education. The Council was of the view that while NDMC should strive to meet the norms, as applicable for the Directorate of Training and Technical Education, for maintaining the quality / curriculum of training being so imparted, it should be the prerogative of the Council, to fix fees as per its own norms and that the payment fee structure at W.T.I. should not be changed.

- 172 -

ANNEXURE

- 173 -

ANNEXURE

- 174 -

ANNEXURE

- 175 -

ITEM NO. 3 (xxii) (A-16)

CONSTRUCTION OF QCC LAB, WATER SUPPLY SERVICE CENTRE AND TYPE IV FLATS AT JOR BAGH, NEW DELHI.

There is a plot of land measuring about 1875 sqm in Jor Bagh where NDMC Water Supply Service centre and Civil Engineering Stores are functioning in temporary building. During the inspection of area the then Chairman, NDMc decided that the plot be utilized properly for construction of permanent building . It was also decided that the QCC Lab which was situated at South End Lane in an old single storey building be also shifted to this place, as that building was required to be demolished for the purpose of construction of NDMC qtr, Accordingly, the Architect Department has prepared a drawing for the construction of 4 storey building with basement at this plot of land with necessary facilities for parking etc, at ground level. The basement floor is proposed to be utilized for storage purposes. At the ground floor QCC Lab, Service Centre for Water Supply, Health & Hort. Inquiry and Civil Engineering Stores have been proposed along with the offices AEs & Jes At the Ist, Iind & IIIrd floor 12 type IV flats have been proposed with four flats on each floor. These flats will have three bed rooms with multi purpose living space flanked colony on both sides.

Accordingly, Preliminary Estimate amounting to Rs.1,,46,73,250/- was approved by the Council vide item No.3(vii) dated 28/08/2001. Survey Report for demolishing the existing temporary structure for construction of QCC Lab, Water Supply Service Centre & Type IV flats at Jor Bagh was approved by the council vide item No3(vii) dated 28/08/2001. survey Report for demolishing the existing temporary structure for construction of QCC Lab, Water Supply Service centre & Type Iv flats at Jor Bagh was approved by the council vide item No.3(ii) dated 28/01/2002 with reserved price of Rs.1,12,656/- and writing off an amount of Rs.6,54,154/- Detailed Estimate amounting to Rs.1,55,,13,400/-was technically sanctioned by CE(C-I) on 24/09/2002 and draft Nit amounting to Rs.1,50,61,537/- was approved by CE(C-I) on 14/02/2003.

Sealed item rate tenders were invited and opened on 2/04/2003 with time of completion as 18 months Estimated cost put to tender was Rs.1,50,61,537/- (One crore fifty lac sixty one thousand five hundred thirty seven only). The tender consists of two parts namely part’A’ for demolishing and purchasing of existing structure and part’B’ for construction of QCC Lab, Water supply Service Centre and Type Iv flats at Jor bagh. 12 tenders were received and their position is as under:-

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S.No Name of Contractor Tendered amount Percentage of above & below the estimated const

1. M/sRohits Constn. Carnival 1,53,54,483/- 1.94% above

2. M/s Deewa chand 1,52,95,356/- 8.19% above

3. M/s Sai Constn. 1,45,94,683/- 3.10% above

4. M/s Naresh Kr.Gupta & Co.(P) LTd.

1,46,12,719/- 2.98% above

5. M/s Satish Kr.Gupta 1,48,,55,506/- 1.37%below

6. M/s Suri Brothers (contractors) 1,40,76,863/- 6.54%below

7. M/s Mathura Dass Ahuja & Sons 1,49,38,162/- 0.82% below

8. M/s G.D.Tewari & Co. 1,48,90,697/- 1.13% below

9. M/sH.P.Tewari & Co. 1,48,62,796/- 1.32% below

10. M/s Kanwar Bhan 1,80,94,267/- 20.14% above

11. M/s Gypsum Structural (I) Pvt. Ltd.

1,61,72,550/- 7.38% above

12. M/s.Amar Constn. Co. 1,50,18,682/- 0.28% below

M/s. Suri Brothers is the lowest tenderer. He has quoted 6.54% below the estimated cost of Rs.1,50,61,537/- with a tendered amount of Rs.1,40,76,863/- Justification of rated works out to 13.97% above the estimated cost.

Finance Department has scrutinized and concurred with the proposal to accept the lowest tender of M/s. Suri brothers at their tendered amount of Rs.1,40,76,863/- ( One crore forty lac seventy six thousand eight hundred sixty three only) which is 6.54% (Six point five four percent) below the estimated cost of Rs.1,50,61,537/- subject to certain observation which are clarified as under. It is certified that the lowest firm is capable , resourceful and technically sound to complete the work.


CE(C)’S REMARKS :-

The case is placed before the Council for consideration and acceptance of the lowest of M/s. Suri Brothers at their quoted amount of Rs.1,40,76,863/- Which works out to be 6.54% below the estimated cost of Rs.1,50,61,537/-

COUNCIL’S DECISIONResolved by the Council that the lowest tender of M/s Suri Brothers, at

their quoted amount of Rs.1,40,76,863/-, which works out to 6.54% below the estimated cost of Rs.1,50,61,537/-, is accepted.

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ITEM NO. 3 (xxiii) (M-6)

DETAILS ON THE ROLE, ACTIVITIES & FUNCTIONS OF ROTARY CLUBS IN NDMC SCHOOLS.

Rotary Club adopted Nursery School in Lodi Colony and Primary School at Shaheed Arjun Das Camp in West Kidwai Nagar in August 1999, with approval of Chairman. Rotary Club was supposed to distribute books, stationery, playing material to the schools and not interfere in school administration.

Rotary Club was active in Nursery School, Lodi Colony but did not work in West Kidwai Nagar. They gave charts, sketch pen sets, toffees etc. to students. Members of the club in coordination with AE (Civil) took keen interest in maintenance of the school building, as a result which there was lot of improvement.

This was extended from year to year basis. Members celebrated Independence Day, Deewali in the school premises. 100 students were given sweaters. A puppet show was organized in November, 2001. On 30.4.2002 a dance performance was given.

In September 2002, 200 sweaters were distributed and television along with DVD was gifted to school.

In the academic year 2002-03 this adoption was extended to 13 more schools with the prior approval of Chairman (as per detail given below) but nothing has materialized till date and no work has been done.

1. N.P.Sr. Secondary school, Ansari Nagar,2. N.P. Middle Boys School, Lodi Road,3. N.P. Primary school, Kaka Nagar,4. N.P. Primary Model School No. 1, Kidwai Nagar,5. N.P.Primary Model School No. 3, Kidwai Nagar,6. N.P. Primary school No. 3, Kidwai Nagar,7. N.P. Primary school No. 1, ‘B’ Avenue, Sarojini Nagar,8. N.P. Primary school No. 2, ‘B’ Avenue, Sarojini Nagar,9. N.P. Primary school, Jor Bagh,10. N.P. Primary school No. 1 Aliganj,11. N.P. Nursery school, Babar Road,12. N.P. Nursery school, Lodi Road,13. N.P. Nursery school, Panchkuian Road,

The case is laid before the Council for information/decision.

COUNCIL DECISIONResolved by the Council that :-

a) Relationship between NDMC & Rotary Club be re-written in explicit terms.

b) No function in the schools be arranged by Rotary Club.

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ITEM NO. 3(xxiv) (H-8)

NOTE ON DEPUTATION OF TEACHERS.

The questions raised by the Hon’ble Council Member Ms. Tajdar Babar in

the Council Meeting held on 28-5-2003 regarding officials working on deputation

in Education Department were replied as under :

S.No.

Question Reply

a) How many officials are working on deputation in different capacity in NDMC’s Education Department?

Yes, the following eight officials are working on Deputation in Education Department:

1. Ms. Meera Bai, Asstt. Tr. since 18-1-20012. Ms. Suveera, Asstt. Tr. since 19-1-20013. Ms. Tripta Devi, Asstt. Tr. since 19-

8-984. Ms. Anita Sharma, Asstt. Tr. since10-7-985. Ms. Abha Jain, TGT since 7-7-20006. Ms. Harsh Prabha Ailawadi, TGT since 6-2-027. Ms. Arunima, TGT since 5-5-20038. Ms. Sunita Rani TGT since May

2003

b) Is any one is a patient of any cronical diseases, if so, under what circumstances he/she has been taken on deputation on NDMC?

Yes, One Ms. Arunima shown at Sl.No.7 is a patient of BENIGN BRAIN TUMOUR AND HARMONY DISEASE as her request received for appointment on deputation

c) Has any one been absorbed in NDMC Service during the last five years? If so in which capacity and under what rules, the services have been absorbed?

Yes, Ms. Neeta Baroka, taken on deputation as TGT from the Govt. of Arunachal Pradesh w.e.f 5-7-2001 later absorbed in NDMC service since her appointment as TGT.

d) Whether the Central Civil Services Rules are applicable for deputation to

The Central Civil Services Rules are not adopted in NDMC, however, the S.R. & F.R. have been adopted by the NDMC. The

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NDMC in Group “C” and Group “B” posts and later on absorption, as NDMC being a Local Body

deputation and absorption is governed by the Govt. of India Rules copy of which is enclosed.

During the discussion, Hon’ble members sought further

information/clarification which are hereunder :

Ques-tion

Clarification sought for Reply

1-a) Whether the teacher taken on deputation are from Delhi itself

Yes, one teacher namely Ms. Arunima has been taken on duty from Kendryia Vidyalaya Sangathan No.2, Delhi Cantt.

1-b) Why teachers were taken on duty in summer vacation

The applications of two Teachers namely Ms Arunima and Smt. Sunita Rani were received in the month of April and accordingly processed. On their being relieved from their parent department in the month of May, they have joined NDMC.

1-c) Whether RRs for the post of teachers provided for deputation/absorption

No provision exists in the R.Rs. Teachers were taken on deputation on humanitarian grounds as well as on account of the shortage of Primary teachers in NDMC schools. Although a proposal for amending R.Rs for providing 2% of the posts of Primary Teachers to fill up on deputation basis has been approved and the same is yet to be notified.

1-d) Reasons for taking Cancer Patient on Deputation

As her job was of transferable nature being in Kendriya Vidyalaya Sangathan which would affect her treatment from Batra Hospital and AIIMS and keeping in view of her health and family circumstances, her request for deputation was accepted.

1-e) Reasons for absorption of Mrs. Neeta Baroka as TGT

She was initially taken on deputation in NDMC as TGT. Her request for absorption was examined and accepted taking into account of her request that her husband is having a transferable job and for the last 10 years he has been

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moving around all over the country and alongwith she also have to move with her children, as such she wants to settle life in Delhi itself even if her husband is transferred out of Delhi.

1-f) Details of houses allotted to teachers on deputation.

No house/accommodation has been allotted to any of them

2 Details of the official’s appointment On contract basis without availability the vacancy.

No officials have been appointed against the non-availability of the post in any department.


The above information/clarification is submitted for information of the

Council please.


Information noted.

It was also decided that a note be brought before the Council regarding Contract Appointment in NDMC.

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5. RESOLUTION ADMITTED U/S 23 OF NDMC ACT, 1994.

ITEM NO. 5 (i) (A-17)

REGARDING CONSTRUCTION OF PARKING ON PLOT OPPOSITE BIRLA MANDIR, RAISED BY SH. MOHINDER PAL CHAWLA, MEMBER N.D.M.C.

Sh. Mohinder Pal Chawla, Member, N.D.M.C. has proposed the following resolution for consideration and approval of the Council.

The plot of land opposite Birla Mandir was allotted by the Ministry of

Urban Development & Poverty Alleviation in Feb., 2000. A parking was to be

developed there. Though boundary wall has been constructed, no further action has

been taken during the last 3 years. The encroachments & unauthorized occupation

on the land is increasing day-by-day. Now a days about 100-150 heavy vehicles

are parked there unauthorisedly. Vegetable sellers and squatters are increasing day-

by-day. A Question was also asked in the Parliament in this regard during Budget

Session.

Sh. Jagmohan, Hon’ble, Minister for Tourism & Culture in his visit note of

the area on 4th May, 2003 observed that the earlier evictees of J.J. Cluster at Udyan

Marg, who were given alternative sites around 4 years back, have mostly again

encroached upon some adjacent area and constructed pucca shops close to the park

in the Birla Mandir parking space. The observations of the Hon’ble Minister were

sent to the Chairman, NDMC, also.

In the light of above, the matter is placed in the Council Meeting to resolve

that construction of parking opposite Birla Mandir be started immediately and a

monthly progress report be brought before the Council regularly till construction is

over.


C.E.(C) explained that preliminary design of parking complex opposite Birla Mandir was prepared by M/s HUDCO. The DUAC has cleared the preliminary design in Feb. 03. The detailed design is being entrusted to M/s. HUDCO.

Resolved by the Council that :1. Entry of all trucks/buses be stopped.2. A plan for removal of encroachments be chalked out so that it synchronizes

with the development of the plot.3. Expeditious action to complete paper work be taken.

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ITEM NO. 5 (ii) (B-19)

REGARDING ELECTRICITY CHARGES IN BARATGHARS, RAISED BY SH. MOHINDER PAL CHAWLA, MEMBER, N.D.M.C.

Sh. Mohinder Pal Chawla, Member, N.D.M.C. has proposed the

following resolution for consideration and approval of the Council.

NDMC Baratghars are much in demand. The rent charge include the

electricity charges inside the building, water charges, sanitation charges etc. The

public is facing difficulties in programmes arranged in open space inside the

Baratghars for they are asked to get another temporary connection sanctioned. This

causes lot of inconvenience. Some times they are not able to get temporary

electricity connection sanction due to shortage of time/public holiday.

It is proposed to resolve by the Council that in such case fixed charges be

recovered which the party can deposit along with rent. In case this arrangement is

required due to change situation subsequently, caretaker should be authorized to

issue the receipt. Average fix charges can be worked out separately by the office

on the basis of average consumption in such cases.


Postponed.


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