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ITEM NO. 1-A Confirmation and signing of the minutes of last Council’s Meeting No. 10/2001-2002 held on 28.1.2002 AT 11-00 A.M. (See pages 2 - 11) at Committee Room, Palika Kendra, NDMC. COUNCIL’S DECISION Confirmed subject to the modification that the following be further added in the minutes relating to item No. 3(xv) “the qualification prescribed as ‘advance diploma of National Fire Service College, Nagpur for the post of Asstt. Fire Officer shall be substituted with “Station Officer Course from NFSC, Nagpur or equivalent as per R.Rs for the equivalent post in Delhi Fire Service.” 1

ITEM NO - New Delhi Municipal Council 2007/year wise/2002... · Web viewTheir rates are 31.63% less than the estimated cost and 46% less than the price list of the firm. The justified

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ITEM NO. 1-A

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

10/2001-2002 held on 28.1.2002 AT 11-00 A.M. (See pages 2 - 11) at Committee

Room, Palika Kendra, NDMC.

COUNCIL’S DECISION

Confirmed subject to the modification that the following be further added in the minutes relating to item No. 3(xv) “the qualification prescribed as ‘advance diploma of National Fire Service College, Nagpur for the post of Asstt. Fire Officer shall be substituted with “Station Officer Course from NFSC, Nagpur or equivalent as per R.Rs for the equivalent post in Delhi Fire Service.”

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NEW DELHI MUNICIPAL COUNCILPALIKA KENDRA : NEW DELHI

MINUTES OF THE COUNCIL MEETING NO. 10/2001-2002 HELD ON 28.01.2002 AT 11.00 A.M.

MEETING NO. : 10/2001-2002

DATED : 28.01.2002

TIME : 11.00 A.M.

PLACE : PALIKA KENDRA, NEW DELHI.

PRESENT :

1. Sh. Subhash Sharma : Chairman

2. Sh. Ram Bhaj : Vice-Chairman

3. Smt. Tajdar Babar : Member

4. Sh. M.P. Chawla : Member

5. Smt. Mohini Garg : Member

6. P.K. Pradhan : Member

6. Sh. Arun Baroka : Secretary, N.D.M.C

S. No. I T E M S PROCEEDINGS

1. Confirmation and signing of the minutes of the last Council’s Meeting No. 09/2001-2002, held on 26.12.2001.

Minutes confirmed.

2. Reply to Admitted Questions under section 28 of the NDMC Act, 1994.

Admitted questions were replied. The Members desired that action for black-listing the firm supplying sub-standard material be also initiated.

3. PROPOSALS FOR CONSIDERATION BY THE COUNCIL.

3(i) Transfer of Ownership right in respect of 15, Municipal Markets

Considered.Resolved by the Council that information is noted and proposal in case of 5 markets existing on road berms i.e. Mpl. Market

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Janpath, Mpl. Market Connaught Circus, Mpl. Market Panckuian Road, Mpl. Market Baird Lane & Mpl. Market Babar Road is approved on the same terms & conditions as already approved in case of other 10 markets.

3(ii) Survey Report for demolishing existing temporary structure for construction of QCC Lab and Water Supply Centre at Jor Bagh.

Resolved by the Council that Survey Report with reserve price of Rs.1,12,652/- and writing off an amount of Rs.6,54,154/- is approved.

3(iii) Construction of Zonal Centre near Netaji Nagar Market – Revised Estimate.

Resolved by the Council that revised administrative approval & expenditure sanction to the revised preliminary estimate amounting to Rs.15,26,000/- with net excess of Rs.7,13,000/- is accorded.

3(iv) Aug. the cap. and imp. to roadside drainage in NDMC area. SH : Imp. to drainage system at Baba Kharag Singh Marg. (Emporia Building side) – Tenders thereof.

Resolved by the Council that action taken for acceptance of the lowest tender of Shri Netrapal Singh, contractor at his quoted rates of 5.83% below the estimated cost of Rs.17,23,816/- with tendered amount of Rs.16,23,318/-, is approved.

3(v) Rain water harvesting in NDMC area during 2001-2002. SH :- Const. of artificial recharge to ground water in Jorbagh, New Delhi – Tenders thereof.

Resolved by the Council that action taken for acceptance of the lowest tender of Shri Netrapal Singh at his quoted rates of 12.83% below the estimated cost of Rs.18,86,067/- with tendered amount of Rs.16,44,085/-, is approved.

3(vi) Improvement to drainage system in NDMC colonies. SH: Aug. & Imp. to drainage system at Bhagat Singh Market and adjoining area. – Tenders thereof.

Resolved by the Council that the lowest tender of Shri Netrapal Singh at his quoted rates of 15.83% below the estimated cost of Rs.37,17,143/- with tendered amount of Rs.31,28,719/-, is accepted.

3(vii) Augmentation of sewerage in various NDMC area. Aug. of sewerage at K.G.Marg Connaught Place(part-II). Sh:- P/F one No. sluice gate (C.I.) for 2134mm Dia sewer line at

Resolved by the Council that the negotiated offer of the lowest tenderer M/s Bharat Industrial Corporation at the amount of Rs.11,53,899/-, which works out to 2.96% above the estimated cost of Rs.11,20,722/-, is accepted.

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K.G.Marg and C-Hexagon intersection. Tender thereof

3(viii) Construction of kitchen block in Type-I qrs. at Prithvi Raj Lane, New Delhi. – Revised preliminary estimate thereof.

Resolved by the Council that revised administrative approval and administrative sanction to the P.E. amounting to Rs.58,47,124/- is accorded.

3(ix) Roof top rain water harvesting in N.D.M.C. School Complex,Lodhi Colony, New Delhi. Approval of Preliminary Estimate amounting to Rs.12,88,300/-.

Resolved by the Council that administrative approval and administrative sanction to the P.E. amounting to Rs.12,88,300/- is accorded.

3(x) Strengthening and resurfacing of roads in NDMC Area. SH : Resurfacing of roads around Shivaji Stadium.

Resolved by the Council that administrative approval and expenditure sanction to the P.E. amounting to Rs.22,67,000/- is accorded and further resolved by the Council that negotiated offer of M/s. H.R. Builders at his negotiated tendered amount of Rs.19,72,297/- which works out to 15.42% above the estimated cost of Rs.17,08,824/- is accepted.

3(xi) Purchase of vehicle in BM-I Division. SH : Purchase of tempoes in BM-I Division during 2000-01.

Resolved by the Council that approval is accorded for placing the order to M/s. Tata Engg. & Loco Co. Ltd. amounting to Rs.14,63,512.70 for purchase of two nos. tempoes Tata Model SFC-407/31 CLB & One No. truck Tata Model SFA 709/38 Box type Tipper.

3(xii) Strengthening and resurfacing of roads in NDMC area. SH. Resurfacing of Shershah Road and Shahjahan Road

Resolved by the Council that administrative approval and administrative sanction to the P.E. amounting to Rs.34,20,000/- is accorded.

3(xiii) Augmentation of LT Distribution system in Connaught Place area.

Resolved by the Council that administrative approval & expenditure sanction is accorded to the estimate amounting to Rs.76,76,450/- (Rs. Seventy six lakhs, seventy six thousand and four hundred fifty only) for Augmentation of L.T. distribution system in Connaught Place Area.

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3(xiv) Installation of High Mast Light fittings in NDMC Area.

Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.24,64,000/- (Rs. Twenty four lacs, sixty four thousand only) for installation of High Mast Light fittings in NDMC area.

3(xv) Restructuring of Fire Cell along with upgradation of post.

Resolved by the Council that the recommendations of the Sub-Committee for re-structuring of the Fire Cell, upgradation of posts and recruitment rules for the various posts in the Cell are accepted.

3(xvi) Rate Schedule for 2002-2003.

Resolved that the rates at which the Municipal Taxes, Rates and cesses shall be levied during the year 2002-2003 are determined as under :-

(a) Property Tax :-

DescriptionLands and buildings or part thereof --

Rates

i) Where the rateable value does not exceed Rs. 5 lacs.

20% of the rateable value.

ii) Where the rateable value

Rs.1,00,000/- plus 30% of

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exceeds Rs. 5 lacs.

the amount by which the rateable value exceeds Rs. 5 lacs.

Explanation :-The amount of rateable value computed in accordance with the provisions of the NDMC Act shall be in multiples of Rs. 100/- and the last digit of the rateable value upto an amount of Rs. 99/- shall be ignored.00Exemption :-All properties with rateable value upto Rs. 1000/- shall be exempt from the payment of property tax for the year 2002-2003 provided that the taxes upto the year ending 31.03.2002 have been paid.

Rebate :-(i) A rebate of 25% on the tax for the year 2002-2003 shall be allowed at the time of payment of property taxes for the year 2002-2003 to individual property owners who file a declaration that the premises are exclusively used and occupied by him for his residential Purposes, if the payment of the tax is made within the

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time allowed in the bill and that there are no arrears of property taxes upto the period ending 31.03.2002 or the arrears are also paid before or alongwith demand for the year 2002-2003.

Provided that the property owned by the Companies, Firms and other Institutions and used as residences or guest houses, for Directors, partners and their employees shall not qualify for this rebate.

(ii) A rebate of 25% of the tax for the year 2002-2003 shall be allowed on the rateable value of the self occupied portion of the lands and buildings owned by a Society and exclusively used and occupied by the Society or Body for education purposes as a recognized school within the meaning of Delhi School Education Act, 1973 or a College of the University or for medical relief as Hospital including Blood Bank of Red Cross, if the payment is made for the aforesaid portion, within the time allowed in the bill and there are no arrears of property taxes upto the period ending 31.03.2002 or the same are also paid before or alongwith the demand for the year 2002-2003.

Provided that no rebate from the tax payable by the Society or body shall be allowed on the residential portion used by the Society for its employees or for the portion from which any rent is derived or wherein any trade or business is carried out and that such portions of the land and building shall be treated as a separate property for payment of property taxes.

Provided further that the decision of the Chairman to allow or reject the claim of rebate at (i) and (ii) above shall be final.

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(b) Tax on vehicles and animals

As per Schedule-II of the Act at NIL rate.

(c) Theatre tax As per Schedule-III of the Act at NIL rate.

(d) Tax on advertisements other than advertisements Published in the Newspapers.

At maximum rates specified in Schedule-IV of the Act.

(e) Duty as transfer of property

5% of the amount specified in the instrument.

(f) Tax on building payable alongwith the application for sanction of the building plan.

As per Schedule-V of the Act.

3(xvii) Quarterly progress report for the quarter ending 31.12.2001 of the Action Taken Notes on the audit paras of the Annual Audit Reports of the Chief Auditor for the years ended 31.3.1997 and 31.3.1999.

Information noted.Further resolved by the Council that in view of the replies furnished by the Departments, 33 paras (in full) and sub-paras of 12 paras in the Annual Audit Report for the period from 1.4.1994 to 31.3.1997, as detailed in the Status Report be treated as settled.

3(xviii) Annual Purchase of Allopathic medicines for the year 2001-2002 (Additional approval of the Council for Rs.33,48,548/-

Resolved by the Council that approval is accorded for revised amount of Rs. 1,33,48,548/- (Rs. One crore thirty three lac forty eight thousand five hundred forty eight only).The placing of orders of Annual purchase of medicines based on L-1/Proprietory is approved.

3(xix) Annual purchase of cotton, bandages and other dressing material during the year 2001-2002 for all NDMC hospital / Institutions.

Resolved by the Council that administrative approval and expenditure sanction of Rs. 11,47,161.45 + taxes(Rs. Eleven lac forty seven thousand one hundred sixty one and paisa forty five only) is accorded for purchase of cotton,

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bandages and other dressing material during the year 2001-2002 against administrative approval and expenditure sanction of Rs. 11,40,542.00 + taxes by Chairman dated 13.8.2001. Action taken for placing the supply order to the firm whose items have been selected by the approval-cum-purchase sub-committee, is approved.

3(xx) Purchase of high end Servers - Computer Hardware

Resolved by the Council that the proposal to place the order with M/s Albion Informatics Pvt. Ltd. For purchase of High end Compaq servers (ES-45-1 No. DS 20 E-1 No. External Storage Array (RA-8000) and back up devise (MSL-5026 SL)- one each and clustering solution) at a negotiated cost of Rs.75,18,675/- (Rs. Seventy five lakhs eighteen thousand six hundred seventy five only) inclusive of all taxes.

3(xxi) Grant of Electricity allowance to all employees of NDMC in lieu of concessional electricity tariff.

Postponed for re-examination.

3(xxii) Write off of Council loss amounting to Rs. 9060/-.

Resolved by the Council that loss of Rs.9060/- on account of lost mobile phone is written off. It was further decided that in future, the officers concerned will be personally responsible for the safe custody of mobile phones.

3(xxiii) Amalgamation / Merger of the post of Supdt. (T) with the post of Junior Engineer (Electric).

Resolved by the Council that the proposal regarding merger of the existing cadre strength of Supdt.(T) i.e. 49 in the scale of Rs.6000-10800 to the post of JE(E) in the scale of Rs.5500-9875 is approved. It is further resolved that the existing incumbents against the post of Supdt.(T) shall be allowed to retain their existing pay scales as personal to them till they vacate the post.

3(xxiv) Contract/Schemes involving an expenditure of Rs. 1.00 Lac but not exceeding Rs. 10.00 Lacs.

Information noted.

3(xxv) Action Taken Report on Information noted.

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

3(xxvi) Action Taken Report on the Resolutions / decision taken.

Information noted.

3(xxvii) Revision of charges of Shivaji Stadium.

Resolved by the Council that the charges of Shivaji Stadium be revised, as proposed with effect from 24.10.2001. It was also decided that only condition No. 11 be amended as proposed.It was also accepted that the word ‘clause’ in the second line of p. 207 of the agenda be substituted by the word ‘condition’ being a typographical error. It was also decided that it should be ensured that nobody is allowed to use the office space permanently.

3(xxviii) Establishing 33 KV Indoor S/S at the place of old 33 KV Substation, Connaught Place and Augmentation of its transformer capacity.

Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.495.13 lacs (Gross) and Rs. 494.29 lacs (Net) chargeable to head of A/Cs E.4.1 and E-3 as explained in the preamble.

3(xxix) Duty on transfer of property and method of assessment thereto – Amendment in section-93 of NDMC Act, 1994.

Resolved by the Council that the Ministry of Home Affairs may be requested for amendment in section-93 of the NDMC Act, 1994 as proposed in the Preamble.

3(xxx) A Policy regarding conversion of TMR workers as on 31.12.98 into RMR on the basis of data collected from the various Deptts.

Chairman will discuss with the Vice-Chairperson and Members of the Council and decide.

3(xxxi) NAMING OF ROAD in Sarojini Nagar or any other suitable road in honour of the Khazak poet and philosopher ‘Abai’.

Resolved by the Council that one of the un-named cross roads in Chankya Puri be named as ‘Abai’ Marg in honour of the Khazak poet and philosopher. It was further decided that C.E.(C-II) may identify the Cross Road and furnish a sketch map of the proposed road so that the Ministry of External Affairs is informed accordingly.

3(xxxii) Action Taken Report Considered.

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against M/s Bharat hotels Ltd. (Inter-continental) & CJ International Hotels Ltd. (Le-meridian) as resolved in the Council Meeting against item no. 3(xxiii) dt. 29.05.98.

Noted for information.

SECRETARY CHAIRMAN

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ITEM NO. 2

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

COUNCIL’S DECISION

Sh. M.P. Chawla who had submitted two questions desired that the questions be taken up in the next Council Meeting.

ITEM NO. 3

PROPOSALS FOR CONSIDERATION BY THE COUNCIL.

Contd……

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ITEM NO. 3 (i)

INSTALLATION OF MUSICAL DANCING FOUNTAIN IN THE PARK ADJACENT TO BANGLA SAHIB GURDWARA.

During a meeting in the chamber of Chairman, NDMC attended by Smt.

Rita Kumar, O.S.D. to Chief Minister, Delhi and other senior officers on

28.11.2001, it was decided to give a face lift to the park adjacent to Bangla Sahib

Gurdwara, visited by a large section of people, by providing a musical dancing

fountain which can also respond to the live devotional music. In order to finalise

the proposal, a meeting has again held in the chamber of Chairman on 03.12.2001

attended by F.A., CE(E), CE©II, C.A. and Director (Hort.) when it was felt that

musical fountain and high mast light be commissioned before Baisakhi i.e. 13 th of

April, 2002.

Accordingly, an estimate amounting to Rs.38.27 lacs has been framed

inclusive of civil cost after having budgetary offer from the agency, who had

installed a similar musical fountain on behalf of Amritsar Municipal Corporn.

Proposed fountain shall be rectangular one with hybrid design having auto-

sensing for live devotional music as well as water formations for pre-programmed

recorded music. Besides having the musical fountain in the center, two static

fountains on each sides will also be provided, which will operate even when

musical fountain is not running.

The expenditure will be chargeable to the Head D-4-4-10 having a

provision of Rs.50.00 lacs during 2001-2002. Finance has already concurred in the

estimate vide their Diary No.D-260/FA, dtd. 01.02.2002 with certain observations,

which are replied as under:-

1. Adequate funds are available under the Head D-4-4-10.

2. The park belongs to NDMC and same is also being maintained by the

NDMC.

3. CE(Civil) will be informed about the civil work after the sanction of

estimate.

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4. Certified that installation of musical dancing fountain does not

tentamount to promote or favour any religious sect, as the same is being

installed in the NDMC Park.

With the approval of Chairman dated 11.02.2002, further action for inviting

tenders has been initiated.

Remarks of Chief Engineer (E) :

The case is laid before the Council for according administrative approval

and expenditure sanction to the estimate amounting to Rs.38,27,000/- (Rupees

Thirty eight lacs and twenty seven thousand only) for ` Installation of musical

dancing fountain in the park adjacent to Bangla Sahib Gurdwara`.

COUNCIL’S DECISION

Deferred.

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ITEM NO. 3 (ii)

MEDICAL BENEFITS FOR RETIRED EMPLOYEES OF NDMC.

The Council, vide Resolution No. 3(ix) dated 26.9.97 approved the above scheme. In this scheme, only retired employees and his/her spouse is entitled for these facilities and the family pensioners are also covered. THE scheme is optional and the retired employee for joining the scheme is required to pay one time lump sum contribution, equivalent to the last pay drawn.

The retired employees joining the scheme are entitled to draw medical facilities from NDMC institutions at part with those applicable to serving employees. The employees residing outside NDMC limits or falling ill outside NDMC area are governed by the provisions of CS (Medical Attendance) Rules.

The retiring employees have to submit their option for joining or not joining the scheme, while submitting the papers for settlement of provident funds etc. The employees who had already retired at the commencement of the scheme or in case of unfortunate death of a retired employee, the family pensioner could opt for the scheme within six months. Secretary and the Chairman are empowered to permit any ex-employee for joining the scheme in relaxation of the eligibility period.

Some of the retired employees are requesting now for joining the scheme, informing that they were not aware of the scheme approved by the Council. It appears that wide publicity of the scheme was not made and all the retired employees could not opt for the scheme. The retired employees who are not covered under the said scheme and are not availing OPD facility from NDMC Hospitals/Dispensaries are getting Rs. 100/- p.m. for OPD treatment on the pattern of the Govt. of India.

The Chairman has seen the case.

The case is laid before the Council for approving wide publicity of the Scheme for the benefit of the retired employees and give them option for becoming the Member of the scheme on the terms and conditions already decided.

COUNCIL’S DECISION

Resolved by the Council that wide publicity of Medical Scheme for retired employees be given so that they may give option for becoming members of the scheme.

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ITEM NO. 3 (iii)

CONSTITUTION OF COMMITTEE FOR FIXING THE TARIFF FOR SUPPLY OF ELECTRICITY AND FILTERED WATER IN NDMC AREA UNDER SECTION 9 OF NDMC ACT 1994.

1. NDMC had been adopting the tariff schedule of Delhi Vidyut Board and

Delhi Jal Board from time to time in compliance of instructions given by the

ministry of Home Affairs vide minutes of the meeting held in the room of Home

Secretary on 26.3.76 to maintain parity of tariff for consumers in MCD and

NDMC area.

2. The Delhi Electricity Regulatory Commission passed orders on petition

No.1/2001 in the matter of annual revenue requirement for the financial year 2001-

02 for Delhi Vidyut Board on 23.5.2001 thereby fixing the tariff chargeable from

various categories of consumers by DVB. A proposal to adopt tariff schedule of

DVB mutatis-mutandis was laid before the Council vide Item No.3 (i) dated

16.6.2001 but the item could not be taken up. The Council vide Reso.No.3 (i)

dated 17.7.2001 considered the proposals and fixed the revised electricity tariff for

consumers in NDMC area as contained in Annexure ‘B’ to the Agendum which is

equivalent to the tariff prevailing in MCD area with the stipulation that in case of

any adjustment later on in the notified tariff by DERC/DVB, the tariff applicable to

consumers in NDMC area will also be amended accordingly. As per procedure in

vogue a public notice was given in the newspapers notifying the revised tariff and

as such the revised tariff in NDMC area has become effective from 22.8.2001 only

whereas the corresponding increase in tariff in DVB area was given effect from

1.6.2001, i.e., 7 days after the publication of orders of DERC.

3. Since the procedure for implementation of revised tariff in NDMC area

took more than 2 months thereby resulting in financial loss to NDMC legal opinion

was sought on the issue whether revision of rate could be made effective from a

retrospective date by giving a public notice to this effect. Legal Adviser has

opined that the Council may constitute a Committee under Section 9 of the NDMC

Act, which may be authorized to take immediate decision whenever a revision is

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required in electricity tariff to avoid any further delay, as the decision of such

committee will be deemed to be a decision of the Council. He has also opined that

one month’s notice for implementing the revised tariff was not a statutory

requirement under the Indian Electricity Act 1910 and such a notice is required

only when method of charging is to be changed. Further Section 200 of the

NDMC Act 1994 empowers NDMC to determine/levy charges for the supply of

energy in NDMC area. Similar provision for fixing tariff for filtered water supply

exists under Section 64 of the NDMC Act.

4. Section 9 of the NDMC Act is reproduced as under: -

9(1) The Council may constitute as many committees as it thinks fit for the

exercise of any power or discharge of any function which the Council may by

resolution delegate to them or for inquiring into, reporting or advising upon any

matter which the Council may refer to them.

(2) Any such committee shall consist of members of the Council only: Provided

that a committee may, with the sanction of the Council, co-opt not more than two

persons who are not members of the Council, but who in the opinion of the

Council possesses special qualifications for serving on such committee.

(3) Each committee constituted under this section shall be presided by the

Chairperson of the Council.

(4) Any matter relating to committee constituted under this section, not expressly

provided in this Act may be provided by regulations made in this behalf.

5. It is, therefore, proposed that a Committee consisting of at least two

members of the Council and two senior officers of the Council to be nominated by

the Chairman may be constituted under the chairmanship of Chairperson NDMC

under Section 9 of the NDMC Act., and authorised to fix the tariff chargeable for

filtered water supply and electricity in NDMC area in terms of provisions of

Section 64 and Section 200 of NDMC Act as and when tariff prevailing in MCD

area is revised by DJB and DVB respectively. Such revised tariff can be

implemented immediately to avoid loss of revenue to the Council and the

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procedure of giving one month’s notice to the consumers in NDMC area may also

be dispensed with.

6. Finance has seen the case and concurred in the proposal vide their Diary

No. 147 dated 30.1.2002.

7. Chairman has seen the case and has nominated Sh. B.M. Sukhija, C.E. (E-

II) and Sh. S.C. Basuroy, C. E. ( C ) to be the members of the Committee

for fixing the tariff..

8. The case is laid before the Council for approval of the proposal contained

in para 5 above.

COUNCIL’S DECISION

Resolved by the Council that the proposal contained in para 5 is approved. Further resolved that the Chairman, NDMC will preside over the Committee, and the Committee shall have the following members :-

1. Smt. Tajdar Babar, Member, NDMC.2. Sh. Mahendra Chawla, Member, NDMC.3. Sh. B.M. Sukhija, Chief Engineer (E-II).4. Sh. S.C. Basuroy, Chief Engineer (Civil).

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ITEM NO. 3 (iv)

CHANAKYA CINEMA COMPLEX.

Matter regarding the Estate Policy / Guidelines for dealing with Estate

Matters was brought before the Council in its meeting held on 30th August 2000 as

an item no. 3 (xxi) wherein, the Council resolved inter-alia that on expiry of

present term of licenses of Hotels/Cinemas and other similar complexes, the

licenses shall not be renewed. The fresh licence shall be as per the provisions of

section 141 of NDMC Act, 1994. Copy of the Resolutions is enclosed at Annexure

(See pages 22 – 24).

2. Chanakya Cinema Complex is located in Chanakya Puri area and is a part

of land parcel where other prestigious building such as Akbar Bhawan etc. are

located. Licence was given for running a cinema to M/s Aggarwal and Modi

Enterprises (Cinema Project) Pvt. Ltd. on tender basis being highest bidder and the

licence deed was executed on 16.9.70 which was renewed time to time and finally

expired on 30.9.2000 with flux of time. The licence fee last paid was Rs. 15.15 lacs

per annum, NDMC could not take action immediately as stay was operating

against NDMC as passed by High Court of Delhi in Writ Petition No.3244/92

which was vacated by the Hon’ble Court on 24.5.2001 only in CM No.1044/2001

in CW 3244/92. While vacating the stay, the Hon’ble Court passed the following

orders:-

The Petitioner in the writ petition seeks renewal of the lease for the period

1st Oct. 1990 to 30th Sept. 2000 in respect of Chanakya Cinema. This period has

come to an end. The interim order dated 21st Sept. 1992 cannot ensure beyond 30th

Sept. 2000. Therefore the interim order dated 21st September 1992 is hereby

vacated.

This order will not prevent the NDMC from considering the proposals of

the Petitioner dated 5th April 2000 and 15th March 2001. The application is

accordingly disposed off.

3. The Chairman, NDMC , considered the representation as per the above

observation of the Court. Since the stay was vacated only in May 2001, and the

contents of the representation were examined by the Chief Architect, it was almost

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nearer to one year when the complex remained without any valid licensee. The

matter was placed before the Council in its meeting held on 28 th August 2001 for

guidance in the matter in interest of revenue as it was in variation of resolution

passed by the Council on 30th August 2000. Preamble of the proposal is attached at

Annexure (See pages 25 – 28) .

4. A draft minutes of the Resolution was put up before the Council in its

meeting held on 25th September 2001 when the Council did not confirm the

minutes and decided to defer it and case to be reviewed by the Council again.

Thus, the position remained as it was, as resolution did not sail. Chairman

considered the representations of Chanakya Cinema afresh in view of the

observations of Hon’ble High Court of Delhi and gave personal hearing to the

representatives of M/sAggarwal and Modi Enterprises (Cinema Project) Pvt. Ltd.

After hearing them, Chairman passed the orders on 13.11.2001 in view of the

guidelines/policy/ resolution dated 30.8.2000 and concluded that there is no merit

in the representation submitted by the Company. The status of the company since

1.10.2000 is that of unauthorized occupant. He also ordered that they would hand

over the vacant possession by 28th February 2002 after removing all the belongings

etc as per terms of the licence, subject to further conditions that for the intervening

period, they will pay damages Rs. 15.15 lacs per annum and further they will

submit an undertaking to the above effect within 15 days that they would vacate by

the above said date. On the event of failure to vacate and give the undertaking, M/s

Aggarwal and Modi Enterprises (Cinema Project) Pvt. Ltd. and other sub-licensees

shall become liable to vacate the cinema complex forthwith and in that case

NDMC will take such other action as may be permissible to them in accordance

with the Law besides claiming the damages from 1.10.2000 till such time it is

vacated as per market rate by approaching to the appropriate authority. Copy of the

order enclosed at Annexure (See pages 29 – 32).

5. However, the occupant company though responded to the order of the

Chairman but did not agree to the above orders. Thereafter, a notice was issued by

the Estate Department on 22.1.2002 giving 10 days time to give vacant possession

to all concerned, including the sub-licensee. Sub-licensee though responded but the

unauthorized occupant M/s Aggarwal and Modi Enterprises (Cinema Project) Pvt.

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Ltd., however, filed the writ petition in High Court of Delhi against the orders of

Chairman dated 13.11.2001. The case came-up for hearing on 12 February 2002,

which was adjourned, to 18th February 2002 for filing the affidavit on behalf of

NDMC. Now, it is listed on 27th February 2002.

The Chairman has seen the case.

In view of decision taken by the Council in its meeting held on 25 th

September 2001, the action was taken by the Chairman as stated in para 4 above

which is in conformity with the guidelines issued by Council vide its Resolution

dated 30th August 2000 and it is for information and approval of the Council.

COUNCIL’S DECISION

Resolved by the Council that information as given in para – 4 is approved.

21

ANNEXURE

22

ANNEXURTE

23

ANNEUXRE

24

ANNEXURE

25

ANNEXURE

26

ANNEXURE

27

ANNEUXRE

28

ANNEUXRE

29

ANNEUXRE

30

ANNEXURE

31

ANNEUXRUER

32

ITEM NO. 3 (v)

A POLICY REGARDING CONVERSION OF THE WORKERS AS ON 31.12.98 INTO RMR ON THE BASIS OF DATA COLLECTED FROM THE VARIOUS DEPTS.

An agenda for framing of a policy regarding conversion of TMR workers into RMR as on 31.12.98 was put up before the Council as per Annexure in the last meeting held on 28.1.2002. The item was however, deferred and it was decided to discuss the issue with the members of the Council in separate meeting. The Chairman has discussed the matter with the members of the Council individually. The Members have agreed for conversion of TMR workers who have 500 days and above as on 31.12.98. The Establishment-wise number of TMR workers cardholders who have completed minimum 500 and above days are as under:-

Name of Deptt. No. of workers who have completed 500 & above days of TMR service as on 31.12.98

Civil Engg. Deptt. 185Elect.-I 70Elect-II 50Personnel Deptt 04Security & Fire Cell 33Transport(Auto Workshop)

31

Education Deptt. 10Compost Plant 09Health Deptt. 501

Total: 893

The number of eligible TMR worker is, however, tentative and may increase on account of receipt of objections later and their verification regarding number of days actually served in the concerned Departments.

The Chairman has seen the case.

The matter is accordingly placed before the Council for formal approval of the proposal regarding 500 & above days as the criteria for conversion of TMR into RMR as on 31.12.98.

COUNCIL’S DECISION

Resolved by the Council that the proposal regarding 500 & above days as the criteria for conversion of TMR into RMR as on 31.12.98 is approved.

33

ITEM NO. 3 (vi)

NAMING OF ROAD AFTER THE NAME OF “RAJMATA SCINDIA ROAD”.

Sh. Ram Bhaj, Vice-Chairman, N.D.M.C has proposed to rename the “I”

Avenue Road, Sarojini Nagar, New Delhi after the name of “RAJMATA

SCINDIA” Road.

Rajmata Scindia was a prominent leader, renowned social worker who

devoted her whole life for the betterment of the poor people.

Chairman, NDMC has seen and approved the proposal to be placed before

the Council.

The proposal is accordingly placed before the Council for its

consideration/approval.

COUNCIL’S DECISION

Resolved by the Council that the proposal regarding re-naming of I-Avenue Road in Sarojini Nagar as Rajmata Vijayraje Scindia Marg is approved.

34

ITEM NO. 3 (vii)

NAMING OF ROAD AFTER THE NAME OF LATE SHRI MADHAV RAO SCINDIA.

Sh. Ramakant Goswami, Parliamentary Secretary to Chief Minister, Delhi

has proposed / requested that a road amongst the following roads be named after

the name of “MADHAV RAO SCINDIA”.

1. Willington Crescent.

2. Vinay Marg.

3. Dalhousie Road.

C.E. (C-II) has proposed that Canning Road may be renamed as Madhav

Rao Scindia Road. The Canning Road starts from Ferozshah Road and after

crossing K.G. Marg joins Copernicus Marg.

Chairman, NDMC has seen the case and approved the proposal to be placed

before the Council.

The proposal is accordingly placed before the Council for its

consideration/approval.

COUNCIL’S DECISION

Resolved by the Council that the proposal regarding re-naming of Canning Road as Madhavrao Scindia Marg is approved.

35

ITEM NO. 3 (viii)

NAMING OF SERVICE LANE FROM BARAT GHAR, PESHWA ROAD ENDING AT MANDIR MARG AFTER THE NAME OF SHAHEED MATBAR SINGH NEGI MARG.

The Chairman, Rajya Sabha has recommended that the Service lane from

barat Ghar, Peshwa Road ending at Mandir Marg be named after the name of

Shaheed Matbar Singh Negi Marg.

Sh. Negi was Security Assistant in Rajya Sabha who sacrificed his life

combating terrorists during terrorist attack on Parliament on 13th December, 2001.

CE(C-II) has informed that the Service lane from Barat Ghar, Peshwa Road

ending at Mandir Marg is un-named. NDMC can name the un-named roads in its

jurisdiction.

Chairman, NDMC has seen the case and approved the proposal to be placed

before the Council.

The proposal is accordingly placed before the Council for its

consideration/approval.

COUNCIL’S DECISION

Resolved by the Council that the proposal regarding naming of the Service Lane from Barat Ghar Peshwa Road ending at Mandir Marg as Shaheed Matwar Singh Negi Marg is approved.

36

ITEM NO. 3 (ix)

AUGMENTATION OF SEWERAGE IN VARIOUS NDMC AREA. SH : LAYING OF DIVERSION LINE OF 250-300-400-450 MM DIA FOR AUGMENTING THE SEWERAGE SYSTEM OF A PART OF LAXMI BAI NAGAR – LAYING OF BRANCH SEWER LINE.-TENDER THEREOF-

Administrative approval and expenditure sanction for the above cited work

was accorded by the Council vide Reso. No. 3 (VII) dated 25.9.1998 for Rs.

30,44,200/-. The technical sanction and NIT for the above noted sub-head of the

work were approved by CE(C-I) for Rs. 15, 48,900/- and Rs. 15,03,735/-

respectively. Accordingly percentage rate sealed tenders were invited by fixing

dates of sale and receipt of tenders 14.8.2001 and 16.8.2001 respectively giving

wide publicity in the leading newspapers. M/s Duaba Construction Co. emerged

out as the lowest tenderer @ 27.27 % above the estimated cost of Rs. 15,03,735/-.

The tendered amount worked out to Rs. 19,13,804/-. The lowest tender was

rejected on the ground that all the four tenderers had polled themselves in favour of

M/s Duaba Construction Co. and quoted higher rates with respect to the trend of

similar works having been awarded below the estimated cost. The rejection of

tender was concurred in by the Finance and approved by the Chairman, NDMC.

Accordingly with the approval of Chairman, the tenders were recalled fixing dates

of sale and opening/receipt of tenders as 7.11.2001 and 9.11.2001 respectively by

giving wide publicity in the leading newspapers. In response to this second call of

tenders, eight contractors responded to purchase the tender documents and the

tender documents were issued to all the entitled firms. Out of the eight firms, only

three firms quoted their rates in sealed covers as per detail given below:-

S.No. Name of firm Estimated cost Tendered amount Percentage above/below

1. M/s Expert Engineers Rs. 15,03,735.00 Rs. 19,09,743.00 27 % above the E/C2. Shri Gian Chand Goel Rs. 15,03,735.00 Rs. 18,79,669.00 25 % above the E/C3. M/s Duaba Construction

Co.Rs. 15,03,735.00 Rs. 18,71,549.00 24.46 % above the

E/C.

M/s Duaba Construction Co. quoted the lowest rate of 24.46 % above the

estimated cost of Rs. 15,03,735/- and thus the tendered amount works out to Rs.

18,71,549/- and emerged as the first lowest contractor. The justification statement

37

of 26.51 % prepared in case of first call of tenders; after revision of market rates

this was scrutinised in SSW’s office to 26.44 % above the estimated cost.

Subsequently on examining the matter in SSW’S office, it was proposed to

conduct negotiation with the lowest firm to explore the possibility of getting the

reduction of rates to the extent of trend of rates. Accordingly the case was sent to

finance for concurrence of the proposal. Finance vide their note dated 3.1.2002

concurred the proposal for conducting negotiation with the lowest tenderer:-

“Though the lowest quoted rates are still on very much higher side than the trend of rates but considering that this is the second call of tenders, we concur in the proposal of the department to conduct negotiation with the lowest contractor, M/s Duaba Construction Co. for getting reduction in their rates to the extent of the trend of rates.”

Consequent upon the concurrence of the Finance, the case was put up to

Chairman, for approval to conduct negotiation with the contractor. With the prior

approval of Chairman dated 9.1.2002, the negotiation was conducted with the

lowest contractor, M/s Duaba Construction Co. by the Negotiation Sub-Committee

under the Chairmanship of EE(C-I). After detailed discussion, the firm, as a

gesture of goodwill offered to reduce their rates from 24.46 % above to 18 %

above the E.C. which is 8.44 % below the justified rates. Negotiation Sub-

Committee have recommended negotiated offer of lowest tenderer M/s Duaba

Construction Co. at 18 % above the estimated cost with a tendered amount of Rs.

17,74,407 be accepted. The firm has confirmed their negotiated offer vide their

letter dated 21.1.2002.

The Chairman has seen the case.

CE(C-I)’s remarks :-

The case is placed before the Council for consideration and approval of negotiated offer of M/s Duaba Construction Co. at 18% above the estimated cost of Rs. 15,03,735/- with the tendered amount of Rs.17,74,407/-. The negotiated offer letter shall form part of the agreement.

COUNCIL’S DECISION

Resolved by the Council that the negotiated offer of the lowest tenderer M/s Duaba Construction Co. at 18% above the estimated cost of Rs.15,03,735/- with the tendered amount of Rs.17,74,407/- is accepted.

38

ITEM NO. 3 (x)

STRENGTHENING OF EXISTING MECHANICAL COMPOST PLANT AT OKHLA. SH : FABRICATION OF A WATER TENDER WITH FACILITY FOR FIRE EXTINGUISHER ALONGWITH ALLIED ARRANGEMENTS.

There has been number of fire incidents at the Compost Plant specially

during summer seasons due to dry horticulture waste, for which the Department

has also to take stringent measures to segregate the waste from the fire place with

the help of loaders & machinery available at the compost plant. The requisition of

fire tenders are also invariably sought & immediate action for extinguishing the

fire & later on being the fire in the waste, every possibility of spreading the fire

still exists. During one of the incidents of fire, Secretary, CE(E), CE(C )-II , Fire

Officer & other Senior Officers, the matter was discussed by the Officers of the

DFS at the site & desired that NDMC should have there own water tenders with

the facility for fire extinguishers so that immediate steps are taken to control the

fire so as to avoid any loss of life & properties at the Compost Plant. Accordingly,

Chairman vide his order dated 16.2.1996 approved the proposal for one water

tanker after having concurred in the proposal by FA vide Dy. No.D-534/FA dated

15.2.96.

Later on, in a meeting held in the Chamber of Secretary, NDMC on 6.7.99,

it was interalia decided that one Ashok Leyland Comet Chassis purchased in the

year 1994 and lying at Okhla Workshop be utilised for fabrication of the said fire

tender. Since the chassis is not meeting the latest norms of the STA as per the

judgement of the Supreme Court, accordingly, a detailed note dated 22.8.2001 was

sent by TC/CSO clarifying all the position & the requirement of the said fire tender

as well as the present status of the case which was approved by the Chairman vide

his order dated 25.8.2001 as under:-

1. To purchase a new chassis from Ashok Leyland on DGS&D rate contract

for fabrication of Fire tender.

39

2. The existing chassis lying at Okhla Workshop, may be converted into a

Tractor Trolley for the use of Transportation of material within the

Compost Plant.

In view of the above, an estimate amounting to Rs.13,71,627/- has been

prepared for the purchase and fabrication of water tender for the Compost Plant

with the facility for fire extinguisher alongwith allied arrangements and sent to

finance for its concurrence. Finance vide their Dy.No.D-121/FA dated 5.2.2002

concurred in the proposal subject to certain observations which are clarified as

under:-

1. Sufficient funds are available under the Head D.4.4.13 wherein a budget

provision of Rs.100.00 lacs exists during 2001-2002.

2. It is certified that the information submitted is correct.

3. CE(E) has signed.

4. The chassis will be purchased on the DGS&D rate contract meeting the

EURO-II/latest norms on the rates applicable at the time of placing the

order meeting with our delivery schedule.

Chairman has seen.

CE(E)’s remarks

The case is laid before the Council as per the following:-

a) To accord administrative approval & expenditure sanction for

Rs.13,71,627/-(Rs. Thirteen lacs seventy one thousand six hundred &

twenty seven only) for the purchase & fabrication of water tender for the

Compost plant with the facility for fire extinguishers alongwith allied

arrangements.

b) To purchase one chassis borne on DGS&D rate contract meeting EURO-

II/latest norms & delivery period on the rates applicable at the time of

delivery by making advance payment as per their conditions.

COUNCIL’S DECISION

Resolved by the Council that administrative approval & expenditure sanction is accorded to (a) & (b) above.

40

ITEM NO. 3 (xi)

PURCHASE OF 11KV HT XLPE CABLE OF SIZE 3X150 SQ.MM & 3X300 SQ.MM DULY ISI MARKED.

1. 150 mm2/3c – 11kv – XLPE cable – ISI marked.

Sealed tenders were invited for the purchase of the 10 K.M. cable against the requirement of various Construction Divisions for various plan/DC/Replacement and original works etc. by publishing the NIT in the following newspapers with the approval of C.E.(E) dated 11.5.2001:-

1. M/s. Hindustan Times.2. M/s. Times of India.3. M/s. Nav Bharat Times.

13 manufacturers of the above cable were also requested by post to purchase the tender documents to quote their rates. In addition to this a copy of the NIT was also sent to various departments to display the same on their notice board for wider publicity.

The tender documents were issued to 11 firms who fulfilled the criteria for issue of the tender documents as published in the newspapers.

The tender box was opened on the due date i.e. on 6.7.2001 and in all 8 firms responded to our tender enquiry. All the firms except M/s. Fort Gloster, M/s Nicco Corporation Ltd & M/s. RPG Cables Ltd. had mentioned about the deposit of earnest money on their envelop. As such the Ist cover only of 5 eligible tenders were opened in presence of the representatives of various firms who choose to be present. The IInd cover was opened subsequently on 13.09.2001 with the approval of C.E.(E).

The quoted/computed rates of various firms are as under:-

S.No. Firms Quoted Rates/Km (Rs.)

Computed Rates/Km (Rs.)

Remarks

1. M/s. Polycab Wires (P) Ltd.

4,80,000.00 5,71,200.00 I

2. M/s. Havell’s India Ltd.

4,81,400.00 5,80,760.96 II

3. M/s. Cable Corp of India

5,75,219.00 7,01,225.20 III

4. M/s. Hindustan Vidyut Products Ltd.

5,98,228.00 7,29,274.26 IV

5. M/s. Universal Cable Ltd.

6,05,634.00 7,49,377.40 V

41

As can be seen from the above table, that M/s. Polycab Wires Pvt. Ltd. have emerged as the first lowest with their quoted/computed rates of Rs.4,80,000/-/Rs.5,71,200/- per KM. The excise duty @ 16% is chargeable by the firm. The sales tax in their case is NIL as their factory is located at DAMAN(UT) which is a tax free zone. The freight & insurance @ Rs.14,400/- per K.M. is chargeable by the firm.

The rates quoted by the firm are about 13.88% less than our last purchase rate dated 10.07.2000, 5.5% less than the last purchase rate of DVB dated 28.11.2000, 14.28% less than the last purchase rate of M/s. Panipat Thermal Power Station dated 25.06.2001 and 38% less than our estimated cost. Further the rates are about 17% less than the cost analysis based on IEEMA rates of July 2001.

The comparison of rates received in this tender and the rates of other organisations are detailed below:-

S.No.

Deptt. & Date Ex. Works/KM Remarks

1. NDMC Tender dated 6.7.2001 Rs.4,80,000/- 10KM M/s. Polycab.2. NDMC LPR 10.7.2000 Rs.5,57,400/- 10 Km M/s. Plaza.3. DVB LPR 28.11.2000 Rs.5,07,986/- 43.75 Km M/s.

Hindustan Vidyut 4. Panipat Thermal 25.6.2001 Rs.5,60,000/- M/s. Polycab5. Prashar Bharti 13.12.2000 Rs.4,78,390/- (70mm2/3c) 6. Uttari Haryana Bijli Vitran

Nigam 14.3.2001Rs.5,43,000/- (185 mm2/3c)

7. Estt. Cost Rs.7,54,990/- M/s. CCI dated 9.5.01.8. Cost Analysis by actual

ingredients Rs.5,78,900/- Based as per IEEMA

rates of July 01.

II 300 mm2/3c – 11KV XLPE cable – ISI marked.

Sealed tenders were invited for the purchase of 15 K.M. cable against the requirement of various Construction Divisions for various plan/DC/Replacement and original works etc. by publishing the NIT in the following newspapers with the approval of C.E.(E) dated 10.9.2001:-

1. M/s. Hindustan Times.2. M/s. Times of India.3. M/s. Nav Bharat Times.

12 manufacturers of the above cable were also requested by post to purchase the tender documents to quote their rates. In addition to this a copy of the NIT was also sent to various departments to display the same on their notice board for wider publicity.

42

The tender documents were issued to 9 firms who fulfilled the criteria for issue of the tender documents as published in the newspapers.

M/s. Havell’s India Ltd., also requested for issue of the tender documents, but the same were not issued to them, as they were not having the order of similar size of the cable of 10KM’s required as per terms and conditions of the NIT.

The tender box was opened on the due date i.e. on 18.10.2001 and in all 6 firms responded to our tender enquiry. All the firms except M/s. Cable Corpn. of India had mentioned about the deposit of earnest money on their envelop. As such, only 5 eligible tenders were opened in presence of the representatives of various firms who chose to be present.

The quoted/computed rates of various firms are as under:-

S.No. Firm Quoted rates per K.M. (Rs.)

Computed rates per K.M. (Rs.)

Remarks

1. M/s. Polycab Wires (P) Ltd.

7,80,000.00 9,23,800.00 Ist

2. M/s. Industrial Cable (I) Ltd.

8,84,100/- 10,77,778.24 IInd

3. M/s. Hindustan Vidyut Products Ltd.

9,99,251.00 12,18,145.41 IIIrd

4. M/s. RPG Cable Ltd. 10,08,800/- 12,31,140.00 IV th5. M/s. Universal Cable

Ltd.10,20,680.00 12,44,268.35 Vth

As can be seen from the above table, that M/s. Polycab Wires Pvt. Ltd. have emerged as the first lowest with their quoted/computed rates of Rs.7,80,000/-/Rs.9,23,800/- per KM. The excise duty @ 16% is chargeable by the firm. The sales tax in their case is NIL as their factory is located at DAMAN(UT) which is a tax free zone. The freight & insurance @ Rs.19,000/- per K.M. is chargeable by the firm. The firm has agreed to all our terms and conditions as per NIT.

The rates quoted by the firm are about 12.8% less than our last purchase rates dated 31.08.2000, 9.3% less than the last purchase rate of DVB dated 22.1.2001, 21.73% less than the last purchase rate of M/s. TATA dated 31.01.2001 and 12.3% less than the last purchase rates of M/s. Panipat Thermal Power Station dated 25.6.2001. Their rates are 31.63% less than the estimated cost and 46% less than the price list of the firm. The justified rates have also been worked out by taking actual weight of the various ingredients and the rates of IEEMA circular of August 2001 and the rates received are 15.2% less than our justified rates. The comparison of rates received in this tender and the rates of other organisations are detailed below:-

43

Deptt./date Quoted rates (ex-works/km)

Remarks

NDMC tender dated 18.10.2001

Rs.7,80,800/ M/s. Polycab Wire (P) Ltd.

LPR NDMC (31.8.2000) Rs.8,95,070/- M/s. CCILPR DVB (22.1.2001) & repeat order dt.8.11.2001.

Rs.8,60,156.66 M/s. RPG Cable

TATA’s dt. 31.1.2001 Rs.9,96,600.00 M/s. Fort GlosterPanipat Thermal power Station dated 25.6.01

Rs.8,90,000.00 M/s. Polycab Wires (P) Ltd.

Uttarnachal Power Corp. (20.11.01)

Rs.7,99,000.00 M/s. Polycab Wires(P) Ltd.

Estimated cost Rs.11,40,850.00 M/s. CCIList price dt.1.10.2000 Rs.14,48,700.00 M/s. Polycab Wires (P)

Ltd.Justified rates as per Aug.2001, IEEMA rates.

Rs.9,20,000.00 Based on the actual ingredients & IEEMA rates.

It was therefore proposed to purchase 10 Km of 150 sq.mm/3c & 15KM’s 11KV HT XLPE cable of size 3x300 sq.mm from M/s. Polycab Wires (P) Ltd. at their quoted rates plus duties, freight & insurance etc. as applicable and all other terms and conditions as per NIT as explained above.

The firm has agreed to all our terms & conditions as per NIT. The cable offered by the firm is duly ISI marked and their cable stands tested from Electrical Research Development Association (ERDA), Baroda. Their ISI licence is valid up to 8.9.2002 for cables up to 33KV. They have got ISO, 9002 certification. The firm had supplied similar type of cable to us in the past satisfactorily with third party inspection. The firm had also supplied the cables to various departments such as IOCL, HPCL, ACC, ABB, BHEL, Prashar Bharti, Crompton, L&T, Airport Authority, Railways, Panipat Thermal Power Station and Haryana State etc. The firm is considered technically and financially capable to execute the order.

The Finance vide their diary No.4029 dt. 7.1.2002 & No.1 dated 16.1.2002 concurred in the above two proposal of the department for the purchase of 300 sq.mm & 150 sq.mm from M/s. Polycab Wires (P) Ltd., the lowest firm.

Meanwhile an unsigned representation was given to Chairman by one of the unsuccessful tenderer wherein they advocated that the cable manufactured by them with nitrogen cure method is superior. They further requested that the process mentioned in the NITs of DVB should be followed. Chairman appointed a technical committee to go into the aspect and to make technical evaluation.

In this regard, it is to mention that we are procuring cable as per ISS 7098 (part-II) duly ISI marked. The ISS does not specify the method of manufacture of

44

cable. The international code IEC-502 also does not specify the method but insist that the cable manufactured should meet the various test requirements prescribed in these standards i.e. ISS 7098 (part-II). We have been rightly following the same in the past tenders and as well as in the instant tender & cables procured in the past have been working satisfactorily.

As per the reports available from Central Electricity Authority, Indian Institute Technology, Delhi, Central Power Research Institute, Banglore, both the processes i.e. “ SIOPLAS” & Nitrogen cure are equivalent technically. M/s. Associated Electrical Industries Ltd., U.K. has also stated the same.

Of late DVB had mentioned dry cure process in their specification and some of the firms have gone to the Court & final decision of the Court is to come on 22.03.2002. The above aspect of comparison of both the methods has been dealt with on the file at length.

Since it was neither feasible nor advisable to change the specifications of present tenders under finalisation, it was decided with approval of Chairman that present tender be finalised but for the tenders to be floated in future, the Technical Committee shall take a view & shall submit the report after the decision of the Court on 22.03.2002 is known. However, the quantity has been curtailed to meet the immediate essential requirement.

The requirement of the cable is extremely urgent as the same is required for various Govt. utilities, Embassies, Hospitals and High Courts etc. The case was submitted to the Chairperson for consideration to procure the bare minimum requirement of cable of 150 sq.mm and 300 sq.mm cable. The case was again examined by Finance Dept.

Finance vide their diary No.484 dated 18.2.2002 with the approval of Chairperson, have finally concurred in the proposal of the Dept. to procure 10 K.M. of 300 sq.mm instead of 15 K.M. and 8 K.M. of 150 sq.mm instead of 10 K.M. of cable put to tender subject to conditions which are clarified as under:-

1. Funds are available against sanctioned estimates.2. The report of technical committee nominated by the Chairman shall be

submitted before inviting tenders for future purchase of the cables.

It is, therefore, proposed to purchase 8 K.M. 150 sq.mm 3 core and 10 K.M. of 300 sq.mm of 3 core 11KV XLPE cable from M/s. Polycab Wires (P) Ltd. at their quoted rates and other terms and conditions as detailed below:-

S.No. Description Unit Qty Rate/Unit Amount

1 11KV XLPE cable of sizes 150 sq.mm 3/c duly ISI marked as per ISS 7098 (Pt.-II) & our specifications. (Tender No.8-P/2001-02)

KM 8 Rs.4,80,000/- Rs.38,40,000/-

45

2. 11KV XLPE cable of size 300 sq.mm 3/c duly ISI marked as per ISS 7098 (Pt.-II) & our specifications. (Tender No.17-P/2001-02)

KM. 10 Rs.7,80,000/- Rs.78,00,000/-

Other terms and conditions

1. Discount terms : Nil2. Central Excise duty : Extra @ 16% subject to

statutory variation.3. Local Sales Tax/CST : Nil.

4. Transit insurance & freight : Extra Rs.14400/- per KM for 150 mm2/3c & extra Rs.19,000/- per KM for 300mm2/3c cable.

5. Octroi duty : --

6. Price : Firm

7. Un-loading Un-loading of material shall be firm’s responsibility.

8. Place of delivery : At our stores at Nehru Park, New Delhi-110021.

9. Delivery period : Commencing with 5 KM in two months & completion in one month thereafter receipt of S.O. by the firm for each size.

10. Compensation/liquidation damages. : Recover from the contractor as agreed liquidated damages equivalent to 0.5% of the prices of any stores which the contractor fails to deliver within the period fixed for delivery in schedule for each week or part of week. The liquidated damages in any case will not exceed 5% of the contract price for undelivered/delayed portion.

46

11. Payment terms : 100% within 30 days lot-wise after receipt of material in good condition duly inspected and submission of bills.

12. Performance guarantee : A bank guarantee amounting to 2% of the total value of order (inclusive of taxes & duties) valid up to guarantee period shall be furnished by the firm as performance guarantee.

13. Risk purchase : The department reserves the right to make risk purchase if firm fails to comply with the contractual obligations.

14. Inspection : Through DGS&D/RITES/By our engineers at our cost. The date of which the material is offered for inspection shall be taken as the date of delivery.

15. Agreement : The firm will be required to execute an agreement within 10 days of receipt of the order on Rs.50/- non-judicial stamp paper to be procured by the firm failing which the supply order is liable to be rejected and amount of deposit made by the firm towards the earnest money shall be forfeited.

16. Arbitration : In case of any dispute, the matter shall be referred to the Sole Arbitrator, appointed by the Chairperson, NDMC.

17. Jurisdiction : In case of any legal dispute the venue shall be New Delhi Courts.

18. Guarantee : 12 months from the date of commissioning or 18 months from the date of delivery

47

whichever is earlier against manufacturing defects.

19. Additional quantity : The dept. reserves its right to place order for additional quantity up to 25% at the rates accepted within delivery period or mutually agreed subsequently with the approval of C.E.(E)

20. Other terms & conditions : As per our NIT.

21. Validity : 28.02.2002.

Chairman has seen.

C.E.(E) remarks:

The case is laid before the Council to accord approval for the purchase of 8 K.M. of 11KV XLPE cable 150mm2/3c at a total cost of Rs.38,40,000/- & 10 K.M. of 300mm2/3c 11KV XLPE cable at a total cost of Rs.78,00,000/- from M/s. Polycab Wires (P) Ltd., plus duties, freight & insurance etc. etc. as applicable and all other terms and conditions as above as concurred in by Finance and to accord expenditure sanction of the same amount.

COUNCIL’S DECISION

Resolved by the Council that approval is accorded for the purchase of 8KM of XLPE 150mm 2/3c at a cost of Rs.38,40,000/- (Rs. Thirty eight lacs & forty thousand only) & 10 KM of 300 mm 2/3c XLPE cable at the cost of Rs.78,00,000/- (Rs. Seventy eight lacs) from M/s Polycab Wires (P) Ltd. in respect of the above two tenders plus duties, freight & Insurance etc. etc. as applicable and as per the terms & conditions mentioned above and expenditure sanction of the same amount is also accorded.

48

ITEM NO. 3 (xii)

AUGMENTATION OF SUBSTASTION CAPACITY AND REPLACEMENT OF HT/LT SWITCHGEAR AT SUBSTATION ANSARI NAGAR (EAST).

Power demand of Ansari Nagar (E) and (West) has increased considerably

and the existing system is not capable of meeting the power demand of this area.

In order to cope up with the increasing power demand, it has been proposed to

augment the substation capacity from 1x1000 KVA (+) 1x500 KVA to 2x1000

KVA. Further HT feed from Safdarjung Hospital to Ansari Nagar (East) via

Ansari Nagar (West) of 70 sq.mm has been proposed to be augmented by HT feed

of 300 sq.mm.

Further it has been proposed to replace the existing old and obsolete HT

and LT switchgear at Ansari Nagar (E). The same have served forty years of its

useful life against the prescribed life of twenty five years and are giving frequent

problems. Necessary credit has been afforded to ht estimate.

Accordingly, an estimate amounting to Rs.33,96,500/- Gross and

Rs.33,92,500/-Net has been framed for Augmentation of substation capacity and

HT feed. The expenditure will be chargeable to the Budget Head E-4-1 plan works

having provision of Rs.400.00 lacs during 2001-2002.

Estimate amounting to Rs. 16,58,500/- Gross and Rs.16,37,000/- net has

been framed against the Budget Head E-3 Replacement, having provision of

Rs.392.00 lacs during 2001-2002.

Finance has concurred in the case vide their Diary No. D-3707/FA,, dtd.

04.02.2002 with certain observations which are replied as under:-

1. Adequate funds are available under the Head E-4-1 and kE-3.

(Expenditure incurred on E-4-1 up to December is Rs.181.00 lacs

against budget provision of Rs.431.00 lacs. Expenditure incurred on

49

E-3 up to December, 2001 is Rs.78.00 lacs against Budget estimate of

Rs.145.00 lacs

2. Certified that the information/data provided in the estimate are correct.

3. The existing transformer of 500 KVA, proposed to be replaced with

1000 KVA alternate use of the same will be considered.

The Chairman has seen the case.

Remarks of Chief Engineer(E) :

The case is laid before the Council for according administrative approval

and expenditure sanction to the estimate:-

1. for Augmentation of transformer capacity and HT cable amounting to

Rs.33,96,500/- gross and Rs.33,92,500/- net (Rupees thirty three lacs,

ninty six thousand and five hundred only, gross and Rupees Thirty three

lacs ninty two thousand and five hundred only, net)

2. for Replacement of HT/LT switchgear amounting to Rs.16,58,500/-

Gross and Rs. 16,37,000/- Net (Rupees sixteen lacs fifty eight thousand

and five hundred only, Gross and Rupees Sixteen lacs, thirty seven

thousand only, Net).

COUNCIL’S DECISION

Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate :-

1. Augmentation of transformer capacity and HT cable amounting to Rs.33,96,500/- Gross & Rs.33,92,500/- Net (Rs.Thirty three lacs ninty six thousand and five hundred only, Gross and Rs. Thirty three lacs ninety two thousand and five hundred only net).

2. Replacement of HT/LT Switchgear amounting to Rs.16,58,500/- Gross and Rs.16,37,000/- Net (Rs. Sixteen lacs fifty eight thousand and five hundred only, Gross and Rs. Sixteen lacs, thrity seven thousand only, Net).

50

ITEM NO. 3 (xiii)

PROVIDING HIGH MAST LIGHT FITTINGS AT THE CROSSING OF PT.PANT MARG-TALKATORA ROAD AND NEAR BUS TERMINAL AT CHURCH ROAD.

During a meeting held at the residence of Chief Minister, Delhi on dated

11.01.2001, it was proposed to provide high mast light fittings at the following

places:-

(i) On all the radial roads entries from C-Hexagon outer (9 Nos).

(ii) Round about at Central Secretariat North Block near Church Road.

(iii) Crossing of Pt. Pant Marg-Talkatora Road.

Chairman, NDMC has accorded approval in principle to the above proposal

on dated 31.01.2001.

Since the area was under the jurisdiction of Central Vista Committee, the

matter was referred to the Secretary, Central Vista Committee and it was decided

in the meeting of Central Vista Committee held on dated 11.07.2001 that high

mast light fittings may be installed in round about at the crossing of Pt. Pant

Marg-Talkatora Road and near bus terminal at Church Road. However, it was

mentioned that the proposals for providing high mast light fittings at all the radial

entries, C-Hexagan, India Gate should be put up again, after detail study.

Accordingly, an estimate amounting to Rs.11,10,500/- was framed for

installation of 2 Nos. thirty meters high mast with 16 Nos. luminaries combined

with narrow/broad beam light fittings and control panel for conservation of energy.

The expenditure is chargeable to the Head G-1-3 ROAD SECTOR with a

provision of Rs.100.00 lacs during 2001-2002.

Finance has concurred in the case vide their Diary No.D-44/FA, dtd.11-02-

2002 with certain observations, which are replied as under:-

51

1. Adequate funds are available under the Head G-1-3. The expenditure up

to January, 2002 is Rs.38.83 lacs against the provision of Rs.100.00

lacs.

2. It is ensured that all sanctioned similar proposals will be consolidated

to achieve competitive rates.

The Chairman has seen the case.

Remarks of Chief Engineer(Electric) :

The case is laid before the Council for according administrative approval

and expenditure sanction to the estimate amounting toRs.11,10,500/- (Rupees

Eleven lacs, ten thousand and five hundred only) for Providing high mast light

fittings at the crossing of Pt. Pant Marg -Talkatora Road and near bus

terminal at Church Road.

COUNCIL’S DECISION

Resolved by the Council that administrative approval and expenditure sanction is accorded to the estimate amounting to Rs.11,10,500/- (Rs. Eleven lacs, ten thousand and five hundred only) for providing High Mast light fittings at the crossing of Pt. Pant Marg – Talkatora Road & near bus terminus at Church Road.

52

ITEM NO. 3 (xiv)

ESTIMATE FOR PURCHASE OF ENERGY METERS AGAINST THE HEAD E-3 (DEPRECIATION RESERVE FUND).

The energy meters at the consumers premises are installed and replaced by

NDMC and the consumers pay the rent of the energy meters. Earlier, 14484 Nos.

energy meters were surveyed off by the Special Officer, NDMC on 24.12.94 after

due concurrence of the Finance. Surveyed off energy meters were to be replaced in

a phased manner. Accordingly, an estimate for 2568 nos. energy meters was got

sanctioned in the year 1996-97. These energy meters have since been procured

and utilized. In the second phase, an estimate for purchase of 4725 nos. energy

meters has been sanctioned in the year 2000-2001. The case is under process for

procurement of these energy meters. Now, in third and final phase, an estimate for

purchase of 7191 nos. Induction type single phase energy meters of various

capacities amounting to Rs. 82,37,000/- has been framed. Finance Department

have concurred in the estimate vide their Dy. No. FA-90/R dated 29.1.2002

subject to the following conditions:-

1. Correctness of the information submitted by the Department.

2. Certification that the expenditure will be met for this purpose only under

the available budget provisions.

3. Adoption of proper tendering procedure laid down under rules/regulations.

4. Approval of the competent authority.

Department’s clarifications:-1. Certified that the information submitted by the Department is correct.

2. Certified that the expenditure will be met out of the available budget

provisions for this purpose.

3. Proper tendering procedure for procurement laid down under rules/regulations

shall be followed.

4. The case is laid before the Council for necessary approval.

53

The expenditure shall be charged to head of account E-3 (Depreciation

Reserve Fund).

The Chairman has seen the case.

CE(E)-II’s Remarks:-

The case is laid before the Council for according administrative approval

and expenditure sanction to the estimate for purchase of 7191 nos. Induction type

single phase energy meters amounting to Rs. 82,37,000/- for replacement of

energy meters in NDMC area.

COUNCIL’S DECISION

Resolved by the Council that administrative approval and expenditure sanction to the estimate amounting to Rs.82,37,000/- for replacement of energy meters is accorded.

54

ITEM NO. 3 (xv)

CHARGES OF SUR-TAAL OPEN AIR THEATRE AT TALKATORA GARDEN.

NDMC has started Sur-Taal Open Air Theatre at Talkatora Garden for

organising Classical dance performances with the approval of the Chairman. To

make the best optimum use of the Theatre, it was also decided to provided it on

hire to different organizations for similar programmes.

The following charges & attached terms & conditions were proposed :-

a) Booking charges for programme for Classical dance/Music, Kavi Sammelan/Literary and theatre activities Rs. 5,000/- per dayby Regd. Association.

b) Booking for school/college Functions Rs. 1,000/- per dayc) Security Deposit (By Bank Draft) Rs. 5,000/-

(Refundable)

Head of A/c : D IX A Income Indoor Stadium

Proposed Terms & Conditions of Sur-Taal Open Air Theatre is appended at Annexure (See pages 56 – 57).

Finance Deptt. has also concurred the proposal & Chairman has approved the charges vide orders dt. 26-9-01.

The Chairman has seen the case.

The case is laid before the Council for information and approval.

COUNCIL’S DECISION

Resolved by the Council that the charges proposed by the Department in Para 2 (a, b and c) alongwith the terms & conditions are approved. Further, it resolved that exemption/reduction of charges would be granted by the Chairman on a case to case basis, depending on the merits of each case.

55

ANNEUXRE

56

ANNEUXRE

57

ITEM NO. 3 (xvi)

INVESTMENT OF PENSION FUND (CORPUS) IN STATE BANK OF INDIA.

NDMC disburses pension to its retired employees directly from its treasury

as also through the network of State Bank of India (SBI) branches in different parts

of the country. In the current year’s budget, out a provision of Rs 32 crore for

payment of pension, about Rs 18 crore is presently being disbursed through SBI.

In pursuance of an informal agreement between SBI and NDMC in 1991, SBI had

not been charging any fees for the services rendered on disbursement of pension

until the year 2000, in consideration of NDMC having agreed to maintain a

minimum balance of Rs 15 crore as fixed deposit with SBI.

2. In spite of the fact that the deposits with SBI have since risen to about Rs

178 crore, the bank started debiting NDMC’s account by about of Rs 3 lakh a

month from January 2001 as service charges @ 2.5% of the amount of pension

disbursed by it. As the unilateral action of SBI was contrary to the agreement,

NDMC communicated its objection to SBI. Following latter’s expression of

inability to waive the recovery of service charge, the Financial Advisor took a

meeting with the SBI authorities on 7th November 2001. Minutes of the meeting is

at Annexure (See pages 61 – 64). The burden of SBI’s argument was that,

initially, the scheme was only for Delhi/New Delhi branches, which was latter

extended to branches of SBI all over India. As the cost of service has substantially

increased over the years, it is no longer in a position to provide such free service to

NDMC. With the passage of time, the number of pensioners has gone up, resulting

in increase in the volume of transactions as also amount of pension disbursement.

The work has increased manifolds and so is the cost of service; hence, the levy of

service charges. On disbursement of Rs 18 crore, the service charges works out to

Rs 45 lakh in a year. Service charges will increase in proportion to the increase in

the amount of pension disbursement.

3. In the circumstances, NDMC has the option to either (i) look for another

bank that may offer such service at less cost or; (ii) pay the service charges to SBI.

The former option would pose difficulties to old pensioners in locating and

opening their pension accounts in new branches of another pension disbursing

58

bank as also to NDMC in ensuring a regular reconciliation of accounts with the

new pension disbursing bank. Bank rates received during the last three occasions

are placed at Annexure (See page 65). It may be seen from the “Cost Analysis of

Rates” that, from amongst the Public Sector Banks on NDMC’s panel, only Bank

of Maharashtra had quoted 00.25% more than other banks. However, the level of

investment in the Bank of Maharashtra is already too high vis-à-vis other

empanelled banks and since the Public Sector Banks are likely to be disinvested as

per budget speech 2000-01 of the Finance Minister and newspaper report of TOI

dated 17/11/2000 as per Annexure (See pages 66- 68), it would be advisable to

make the NDMC’s portfolio of investment as much diversified as possible.

Although SBI which is the principal banker of NDMC, has started charging 2.5%

of the amount of pension disbursement by way of service charges for disbursement

of pension which works out to Rs 45 lakh per annum for the current fiscal, the Cost

Analysis of Rates would show that it would still be desirable to disburse pension

through SBI especially in view of Sections 45 and 52 of the NDMC Act, 1994.

According to Section 52, surplus money standing at the credit of the New Delhi

Municipal Fund shall be deposited with SBI or in such scheduled banks as the

Council may select. Pension is in the nature of deferred wages and is a committed

liability of NDMC for its retired employees. As it is a committed liability, the

corpus of Pension Fund cannot be regarded as surplus money. It is also not a free

reserve because the entire corpus is meant to exclusively service NDMC’s liability

towards its retired employees. Hence, the rationale for creation of a separate

Pension Fund.

4. According to guidelines issues by the Department of Public Enterprises of

the Central Government on investment of funds by PSUs, safety of funds takes

precedence over returns. Taking cue from the Act and the said guidelines, parking

of Pension Fund in SBI appears to be a safer course of action. In the November

2001 issue of CRISIL’s Rating List, SBI has been rated AAA and P1+. AAA

denotes highest degree of certainty regarding timely payment of financial

obligations on the instrument as per Annexure (See page 69 – 72) . Any

adverse changes in circumstance are most unlikely to affect the payment on the

instrument. January 2002 issue of ICRA’s Rating Update ranks SBI as LAAA in

the long term and A1+ in the short term. LAAA denotes highest safety

59

(Annexure (See pages 73 - 74). It indicates a fundamentally strong position in

which risk factors are negligible. It further states that adverse circumstances are

not likely to affect the timely payment of principal and interest as per terms. A1+

also denotes highest safety where timely payment of debt/obligation is best.

5. Given the fact that safety of Pension Fund is of paramount importance, it is proposed that the entire corpus of Pension Fund of NDMC should be parked in SBI by opening a separate Pension Account of NDMC. The interest on the funds so parked would be credited to the Pension Fund and all pension payments would be debited to the said account. In a meeting held with the officers of SBI in November 2001, SBI tentatively agreed to waive service charges if NDMC raised its deposits from Rs 178 crore to Rs 300 crore. Minutes of the meeting are enclosed as Annexure VII. This was also indicated in SBI’s letter No. NDMB/INST/2001/6436 dated 31.10.2001 (Annexure (See page 75). Since raising investment of funds from the present Rs 178 crore to Rs 300 crore would take time, because it is dependent on the maturity of the NDMC’s FDRs in different banks which would mature at different points of time, SBI has been requested to allow NDMC some time to bring the level of investment to Rs. 300 crore. 6. For maintaining a diversified portfolio of NDMC’s investment, it is also proposed that NDMC may invest 50% of its maturity proceeds of FDRs/surplus funds in SBI the credit of NDMC’s Pension Fund and the balance may be parked in empanelled banks as per the Council’s guidelines.7. In anticipation of Council’s approval to the above proposal, a sum of Rs 49 crore has since been invested in SBI’s fixed deposits raising NDMC’s investment in SBI to Rs 227 crore. Council is requested to approve the proposal for investment of Pension Fund in SBI into a corpus of Rs 300 crore representing Pension Fund. Council is further requested to approve the proposal at para 6 above regarding pattern of investment.8. The case is accordingly laid before the Council.

COUNCIL’S DECISION

Resolved by the Council that proposal for creation of Pension Fund (Corpus) and investment of Pension Fund in State Bank of India, Main Branch, Sansad Marg, is approved.

The Council has further directed to review the investment policy in the background of disinvestments of nationalized banks to include financially sound banks in CBD area of NDMC.

60

Minutes of the Meeting with Officers of the State Bank of India, New Delhi Main Branch, Parliament Street, New Delhi held in the chamber of

Financial Adviser on 7 th November 2001.

The following were present:

N.D.M.C

1.Shri T.K. Sanyal, Financial Advisor (In Chair)

2.Shri M.C. Garg Legal Adviser

3.Shri V.K. Khanna Director (Accounts)

4.Smt. Meenakshi Sharma, Director (Finance)

5.Shri N.K. Pankaj Director (P)

6.Shri R.C. Jain Sr. A.O. (Pension)

7.Shri S.M. Kumar A.O.(Compilation)

8.Shri Gyan Chand A.A.O.(Pension)

State Bank of India

1.Shri K.P. Viz Dy. General Manager

2.Shri A.K. Pancholi, Asstt.General Manager.

3.Shri Singhal, Manager, SBI

In the meeting, the representatives of State Bank of India, New Delhi Main

Branch stated that they had started levying charges @ 2.5% (Two and a half

percent) on account of commission for payment of pension to the pensioners of

NDMC since January 2001. The said amount works out to Rs 3 lakhs per month

approximately. NDMC representative argued that the said charges were arbitrary

and contrary to the agreement and its confirmation by the Bank during 1990-91

that they would only levy the charges @ 10.40 paise per hundred rupees if the

fixed deposit level of investment of funds fell below Rs 15 Crores.

61

Dy. General Manager/Assistant General Manager, State Bank of India

argued that the charges had been levied due to increased cost of banking services,

substantial increase in number of pensioners of NDMC, payment of pension made

outside Delhi in far flung areas, which was also not being done in the past, and

lastly the increase of quantum of pension amount from time to time in the past. He

further pointed out that lately, NDMC is also not parking its surplus funds with the

Bank due to the reason that other public sector banks are offering higher returns. It

was pointed out by the Bank that the investment of NDMC with SBI was Rs

300 Crores approximately at one stage in the past, which has been falling down

steadily in the recent past and the present investment with State Bank is Rs 178

Crores. Investment of NDMC on a declining trend with S.B.I. and increased cost of

service rendered by the Bank on account of pension disbursement, the

representatives of the Bank stated that there was no option but to increase their

commission charges.

The Bank was requested to dispense with the charges of commission on

payment of pension as Rs 178 Crores still stands invested by NDMC which was in

excess of the minimum amount of deposit assured by NDMC at the time of

introducing the scheme.

The Bank authorities stated that they would discuss this mater with their

higher authorities if NDMC agrees to keep a minimum fixed deposit of Rs 300

Crores with the Bank. If this is agreed to by the NDMC then the State Bank of

India may not charge any commission for pension disbursement to the pensioners

of NDMC.

62

FA stated that NDMC would consider creating a separate pension

corpus(fund) to the tune of Rs 350 Crores which may be kept with the State Bank

of India as a fixed deposit to make payment of pension out interest earned on the

said fund. It was also discussed in the meeting that the creation of pension corpus

(fund) may take some time which may be up to 6 months as the proposal would be

put up to the Council for taking decision/approval. Bank agreed that till such time

they would defer charging of commission @ 2.5% for 6 months. There is a pension

fund for Rs 350 Crores reflected in the budget of 2001-2002.

To lodge Rs 300 Crores with the State Bank of India as pension corpus may

have some loss of interest due to lower rate of interest being offered by the State

Bank of India in the recent past but safety of funds was a higher priority than

return on investment as per Government of India, Department of Public Enterprises

O.M. No.DPE/4/6/94/ Finance. dated.14-12-1994.

It was also the opinion of the all officers of NDMC present in the meeting

that NDMC should continue to arrange disbursement of pension through State

Bank of India due to the fact that it was NDMC's principal banker and also because

of its wide network of branches throughout the country.

63

The Bank also agreed for payment of pension through associate banks of

the State Bank of India given below to facilitate pensioners of NDMC, who have

settled in various parts of the country after their retirement:

1. State Bank of Patiala

2. State Bank of Bikaner & Jaipur

3. State Bank of Mysore

4. State Bank of Saurashtra

5. State Bank of Travancore

6. State Bank of Jammu & Kashmir

7. Other associate banks etc.

Legal Advisor Director(Finance)

Director (P) Sr.A.O.(Pension)

A.O.(Compilation) Asstt.A.O.(Pension)

Financial Advisor

64

ANNEXURE

65

ANNEXURE

66

ANNEXURE

67

ANNEUXRE

68

ANNEUXRE

69

ANNEXURE

70

ANNEUXRE

71

ANNEUXRE

72

ANNEXURE

73

ANNEXURE

74

ANNEXURE

75

ITEM NO. 3 (xvii)

AUG. THE CAP. OF SWD SYSTEM NO. 1 & 6 TO 11. SH : RESTORATION OF SWD BARREL NEAR D1-50 TO D1-60, CPWD NURSERY AND WATER BOOSTING STATION, BHARTI NAGAR. -REVISED PRELIMINARY ESTIMATE -

The SWD brick arch barrel having a span of 28 feet constructed sometime

during 1941-42 running through Bharti Nagar carries sewage and storm water of

surrounding areas. This barrel had collapsed at three places during different dates

at site of CPWD Nursery, D1-50 to D1-60 and NDMC Water Boosting Station in

Bharti Nagar.

The Preliminary Estimate, Detailed Estimate and NITs were prepared and

approved for these sites from the Competent Authority.

S.No. Name of Work Preliminary Estimate

Detailed Estimate

1. Restoration to damaged SWD barrel at Bharti Nagar, near CPWD Nursery.

Rs.10,78,300/-Reso.no.3(viii)Dt.27/1/99.

Rs.10,04,000/- on 7/4/2000.

2. Restoration of collapsed barrel at Bharti Nagar, Water Boostiing Station.

Rs.11,56,000/-Reso.no.3(xxvi)Dt.26/5/99.

Rs.8,75,500/-Dt.9/9/2000.

3. Restoration of SWD barrel near D1-50 to D1-60, Bharti Nagar.

Rs.7,02,000/-Dt.24/2/2000.

Rs.6,34,100/-Dt.3/2/99.

During the meeting held in the chamber of CE(C-I), it was agreed that the

works are of special nature and required technically sound agency to execute this

work heavy cranes are required to be used, therefore, it was decided that one NIT

for all these works be clubbed up so that agency capable to execute such type of

works may come forward.

In the second call of tenders, which were opened on 2/9/2000, Sh. Suresh

K.Goel was the lowest tenderer who quoted the rate as 138% above the estimated

cost of Rs.24,40,134/-. After getting approval of the Chairman on 1/1/2001 for

conducting the negotiation with the lowest contractor, Sh. Suresh K.Goel , the

76

Negotiation Meeting was held in the chamber of F.A. on 26/3/2001 and the

contractor Sh. Suresh K. Goel was persuaded to reduce his rates to the maximum

extent possible. Finally after great persuasion, the tenderer Sh. Suresh K Goel

agreed to reduce his rates to 69% above the estimated cost of Rs.24,40,143/- and

the negotiated tendererd amount works out to Rs.41,23,826/-. Accordingly the

letter of award was issued to Sh. Suresh K. Goel, in anticipation of the approval of

Council by Chairman on 3/4/2001, and it was resolved by the Council that action

taken for acceptance of the negotiated offer i.e. on 26/3/2001 of the lowest tenderer

Sh. Suresh K. Goel at the negotiated tendered amount of Rs.41,23,826/- which

works out to 69% above the estimated cost of Rs.24,40,143/- is approved vide

resolution no.3(XII) of ordinary meeting held on 17/5/2001. The work has since

been completed.

Initially three Preliminary Estimates were processed for the damaged

portions only of the arch brick barrel which had collapsed at three places during

different dates at the site of CPWD Nursery, D1-50 to D1-60 and NDMC Water

Boosting Station in Bharti Nagar. At the time of starting the execution of work at

the first site, i.e., D1-50 to D1-60, Bharti Nagar, it was decided by the

SE(PH)/CE(C-I) during the inspection that the damaged arch barrel may be

removed up to the construction joints. The construction joints were found at the

interval of 6 meters and at some places about 7 meters, therefore, the damaged

brick barrel in between was demolished and removed up to the construction joints

on both sides at all the three working sites, i.e. D150 to D1-60, CPWD Nursery

and lastly at NDMC Water Boosting Station which has resulted increase in the

quantities of all the items required like brick work, providing precast RCC beams,

precast RCC slabs bearing beams and all other corresponding items. As per

provision in the estimates, the restoration of the damaged arch brick barrel of three

sites was required for only 60 meters for which the tendered amount was received

from the lowest contractor as 41,23,826/- including 69% contractor

enhancement , however, as per actual work executed at site is for restoration of

arch brick barrel for 83 meters which resulted the excess of 40% quantities and

amount straightway for extra 23 meters of brick barrel against the provision taken

for 60 meters in the estimate because of technical requirement. The provisions of

77

various items in all the three preliminary estimates were taken on the basis of the

designs/drawing supplied by EE Design), NDMC, however, the single draft NIT

was processed on the basis of the technically sanctioned Detailed Estimate as per

designs/ drawings furnished by Dr. S.N. Sinha , Head of Civil Engg. Deptt., IIT,

Delhi. . The statement showing the provision in the Preliminary Estimates and as

per actual work done on site placed at Annexure (See pages 80 – 85) and the

statements showing the provision in the draft NIT and work done at site is placed

at Annexure (See page 86) which reveals the huge difference in the quantities of

the items taken in the Preliminary Estimates and Detailed Estimates/ Draft NIT.

As per Revised Estimate, the actual expenditure for restoration of arch

brick barrel of 83 meters works out to Rs.54,36,803/- which has been checked by

the Planning Office and concurred in by the Finance Department. By adding 12%

departmental charges on the total expenditure of Rs.54,36,803/-, it works out to

Rs.60,89,219/-. The reason wise increased amounts have been stated in tabular

form in Annexure (See pages 80 – 86).

Therefore, the Revised Estimate was processed accordingly for an amount

of Rs.60,89,219/- which includes the Civil works in respect of restoration of

barrels at 3 places + electrical expenditures for shifting of cables etc. The Civil

works includes all the Extra and Additional Items executed as per actual

requirements at site.

The Finance Department has concurred in the proposal of Revised

Estimate amounting to Rs.60,89,219/- as checked by the Planning Deptt., subject

to avaibility of funds vide diary no.D/4001/FA, dt.28/1/2002. The Revised

Estimate has been framed considering the 69% contractor enhancement + 12%

departmental charges as applicable in this case. The expenditure shall be charged

under the head of account D-2-17-11(A) and a provision of Rs.60.00 lacs has been

sought in the RE of 2001-02 during the meeting held in the chamber of F.A.

against the existing provision of Rs.30.00 lacs in the current year’s Budget Book of

2001-02 vide statement no.V, Item no.99(III to V).

78

The Chairman has seen the case.

CHIEF ENGINEER(C-I) REMARKS :-

The case is laid before the Council for consideration and according Revised

Administrative Approval and Expenditure Sanction to the Revised Estimate

amounting to Rs.60,89,219/- (Sixty Lac Eighty Nine Thousand Two Hundred and

Nineteen Only).

COUNCIL’S DECISION

Resolved by the Council that revised administrative approval & expenditure sanction to the revised preliminary estimate amounting to Rs.60,89,219/- is accorded.

79

ANNEUXRE

80

ANNEXURE

81

ANNEUXRE

82

ANNEUXRE

83

84

ANNEUXRE

85

ANNEUXRE

86

ITEM NO. 3 (xviii)

APPROVAL OF LAYOUT PLAN OF FIRE BRIGRADE LANE, NEW DELHI.

The Layout Plan of Fire Brigrade Lane, New Delhi was received from

CPWD vide Scheme no. 3711 dtd. 18.12.2001 and the same was rejected vide

Chairperson’s orders dtd. 12.02.2002 mainly due to the reason that road width

around and within the land parcel were to be maintained as per DDA’s letter dtd.

6.3.99. Due to this, the total plot area and the coverages allotted by L&DO were

feasible to individual plot. Accordingly the CPWD was advised to modify lay out

plan in accordance with DDA’s letter dtd. 6.3.99. The reasons of rejection were

conveyed to the party vide this office letter no. C-4555-56/CA/BP dtd. 14.2.2002.

The Chairman has seen the case.

In view of shortage of time, the case could not be placed before the Council

and was rejected by Chairperson in anticipation of the Council Meeting. The case

is placed before the Council for information.

COUNCIL’S DECISION

Information noted.

87

ITEM NO. 3 (xix)

SUPPLY OF UNIFORM CLOTH TO NDMC AND NDMC AIDED SCHOOL STUDENTS DURING THE YEAR 2001-2002.

Administrative approval and Expenditure sanction to the tune of

Rs.4596900/- of the Council was obtained vide Resolution No. 3(i) dated

23.10.2001 for purchase of various welfare items like uniform cloth, shoes, socks,

wool and exercise notebooks for free distribution among the NDMC and NDMC

aided school students. After seeking concurrence of the Finance Deptt. and

subsequent approval of the Chairman, supply order was placed upon the last year

suppliers detailed below for the procurement of these items against the aforesaid

administrative approval and expenditure sanction of the Council.

S No. Supplier Item Amount1 M/s Mrignayani

M P Govt. UndertakingUniform (Suiting & Shirting

Rs.2182468/-

M/S PhulkariPunjab Govt. Undertaking

UniformRed Check

Rs.102893/-

2 M/s Mrignayani wool Rs.712389/-3 M/S Phulkari socks Rs.170695/-4 M/S Sasta Bazar Ex. Books Rs.210342/-5 Shoes Rs.846300/-

(approximately)

Supply of material for free distribution among the school children has been received and distributed after the inspection of sub-committee.

As per section 143C of NDMC Act 1994 approval of Council is required to incur expenditure beyond 10 Lacs.

The Chairman has seen the case.

Therefore the case may be laid before the Council for information and approval of action taken compliance of the said provision of the NDMC Act.

COUNCIL’S DECISION

Resolved by the Council that approval is accorded to incur the expenditure beyond Rs. 10 Lacs as per Section 143C of NDMC Act and release the payments to the Firms as proposed by the Department.

88

ITEM NO. 3 (xx)

APROVAL OF LAY OUT PLANS

As per the provisions contained Under Section 2l7 of the NDMC Act, approval of lay out plans is to be accorded by the Council. Provisions contained Under Section 217 are reproduced as under:-

“Before utilizing, selling or otherwise dealing with any land under section 2l6, the owner thereof shall send to the Chairperson a written application with a layout plan of the land showing the following particulars, namely:-

(a) the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used;

(b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose.

(c) the intended level, direction and width of street or streets;

(d) the regular line of street or streets;

(e) the arrangement to be made for leveling, paving, metalling, flagging, channeling, sewering, draining, conserving and lighting street or streets.

(2) The provisions of this Act and the bye-laws made there under as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in sub-section(l) and all the particulars referred to in that sub-section shall be subject to the Council.

(3) Within sixty days after the receipt of any application under sub-section(l)the Council shall either accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.”

Zonal plans for Delhi including the area within the jurisdiction of the

NDMC are prepared by the Delhi Development Authority. The NDMC is an

implementing authority. Therefore, proposals for approval of lay-out plans are

normally not received by the NDMC as the details are shown in the Zonal

Development plans. However, there are few cases belonging organizations like All

India Institute of Medical Sciences, Safdarjung Hospital and C.P.W.D. etc. where

lay out details are not shown in the Zonal Plan.. In such cases the detailed lay out

89

plans are required to be prepared and got approved from the NDMC. Whenever

such a proposal is received the Council is required to either approve or reject the

same within sixty days. The Council Meeting is held only once a month. It is not

practically possible to place the proposal within one month before the Council after

proper technical examination

The above difficulty was experienced recently in the case of Lay Out Plan

in respect of Bara Khamba Lane submitted by the CPWD. In view of the shortage

of time the case could not be placed before the Council and was rejected by the

Chairperson in anticipation of the Council meeting. The case is being separately

placed before the Council for information.

In view of the above practical difficulty, it is proposed that Chairperson,

NDMC should be empowered to approved / reject the Lay Out Plan whenever such

a proposal is received by the NDMC in future.

The Chairman has seen the case.

The proposal is submitted for orders for placing the same before the

Council in its next meeting scheduled to be held on 26-2-2002.

COUNCIL’S DECISION

Resolved by the Council that a Committee consisting of Chairman, NDMC along with any one member of the Council who is easily available, and Chief Architect, is empowered to approve/reject the lay out plan whenever such proposal is received by the NDMC.

90

ITEM NO. 3(xxi) RAIN WATER HARVESTING IN NDMC AREA - REVISED PRELIMINARY ESTIMATE-

The Preliminary estimate was approved by the Council for an amount of

Rs.18,19,000/- including 12% departmental charges and 3% contingency + cost

Index based on the drawings/designs given by the Central Ground Water Board

vide Council Resolution No.3(IV), dt. 27.4.2000. With the approval of the

Chairman, NDMC, the tenders were invited in anticipation of the approval of the

Preliminary Estimate and the percentage rate tenders were opened, on 13.3.2000.

The lowest rates were received from M/s. Hari Construction Co. which was 18%

above the estimated cost of Rs.14,42,086/- with the tendered amount of

Rs.17,01,661/- and the work was awarded to contractor and completed on

16.8.2000. The Central Ground Water Board had deposited Rs.2 lacs as Token

payment on 10.3.2000 and intimated that these schemes are for NDMC area and

NDMC itself will be beneficiary, therefore the departmental charges were added.

The Central Ground Water Board had given a detailed designs/drawings for 4 sites

as under:-

1. Talkatora Garden.

2. Nehru Park

3. Lodhi Garden

4. Khushak Nallah

First time the observations of the Finance Deptt. were clarified stating that

this was not a Deposit Work and CGWA, Govt. of India has only given the

financial assistance to NDMC for two schemes i.e. for Lodhi Garden and Khushak

Nallah were financially sponsored by CGWB. These Two schemes which includes

Lodhi garden and Khushak Nallah has costed for Rs.8,69,400/- which was

accorded by the CGWB to finance, but a sum of Rs.2 lacs was deposited by them

at that time against a sum of Rs.8,69,400/-. Regarding the balance amount, CGWB

91

has assured that the balance amount shall be deposited with NDMC in the next

financial year as soon as they get the fund from Govt. of India.

The actual expenditure has been incurred beyond the Administrative

Approval and Expenditure Sanction; therefore the Revised Estimate amounting to

Rs.18,85,505/- with net excess of Rs.2,61,367/- was framed and forwarded to

Finance Deptt. for their concurrence. The Finance Deptt. has concurred in the

Revised Estimate amounting to Rs.18,85,505/- with a net excess of Rs.2,61,367/-

as checked by the Planning Deptt. Further, the Finance Deptt. has stated that the

department is, however, advised to ensure that maximum financial assistance is

obtained from CGWA, Govt. of India by perusing the matter vigorously, vide their

noting D-3856/FA, dt. 3.1.2002.

The Chairman has seen the case.

CHIEF ENGINEER (C-I) REMARKS:-

The case is laid before the Council for consideration and according revised

Administrative Approval & Expenditure sanction to the Revised Estimate

amounting to Rs.18,85,505/- (Rupees Eighteen Lacs Eighty Five Thousand Five

Hundred Five Only) with a net excess of Rs.2,61,367/- (Rupees Two Lacs Sixty

One Thousand Three Hundred Sixty Seven Only).

COUNCIL’S DECISION

Resolved by the Council that revised administrative approval & expenditure sanction to the revised estimate amounting to Rs.18,85,505/- with a net excess of Rs.2,61,367/-, is accorded.

92

ITEM NO. 3(xxii)

PROVIDING & FIXING STEEL GATES AT APPROACHES/BOUNDARY WALL AT LAXMI BAI NAGAR. - MLA'S FUNDS.

Preliminary Estimate for the above work was sanctioned by the council

vide Reso. No.3(xii) dated 5.8.2001 amounting to Rs.12,77,800/-. Accordingly,

DE amounting to Rs.13,70,100/- and Draft NIT amounting to Rs.13,30176/- was

sanctioned by the competent authority. After completing codal formalities, tenders

were invited by giving publicity in the newspapers with last date of sale and

opening of tenders as 15.12.01 and 7.12.01 respectively. 9 agencies applied for the

tender documents out of which only 7 purchased the tender documents. The tender

was opened on the due date when it was observed that only 3 firms have quoted

their rates which were as under : -S.No. Agency Est.Cost Quoted Amount %age thereof

1. Sh.Subash Chand Agarwal Rs.13,30,176.00 Rs.13,49,130.00 1.42% above

2. M/s.Vicky Enterprises Rs.13,30,176.00 Rs.14,43,381.00 8.51% above

3. M/s.Deep Const. Rs.13,30,176.00 Rs.13,83,596.00 4.02% above

It is seen that Shri S.C. Aggarwal has quoted the lowest rate amounting to Rs.13,49,130.00 which works out to 1.42% above the estimated cost of Rs.13,30,176.00. The justification as prepared and checked in the Plng. works out to 8.21% above the estimate cost. Since the lowest rates received were lower than the justified rate, it was recommended to accept the lowest offer. The offer has been examined in Plng. and Finance. Finace has accorded its concurrence to accept the lowest offer vide their No.339 dt. 30.1.2002.

The Chairman has seen the case.

CE(C)-II'S REMARKS :

The case is placed before the Council for award of the work of 'Prov. & Fixing Steel gates at approaches/boundary wall at Laxmibai Nagar' amounting to Rs.13,49,130.00 (Rupees thirteen lacs forty nine thousand one hundred and thirty only) which is 1.42% above the estimated cost of Rs.13,30,176.00, as has been quoted by the lowest contractor Shri Subhash Chand Agarwal. The work is being carried out against MLA Development fund.

COUNCIL’S DECISION

Resolved by the Council that offer of the lowest tenderer M/s. Subhash Chandra Agarwal at their tendered amount of Rs.13,49,130.00 which works out to 1.42% above the estimated cost of Rs.13,30,176.00 is accepted.

93

ITEM NO. 3(xxiii)

REVISION OF STOCK CEILING FOR CIVIL ENGG. STORE (9-B) SUSPENSE STOCK DURING 2001-02).

Civil Engg. Store has been procuring various materials being used by

Maintenance & Construction divns. of Civil Engg. Deptt. against 9-B Suspense

Stock. Since the material is being procured against 9-B Suspense Stock, the cost

ceiling of various items is being fixed from time to time to limit the stock ceiling

of the store. The last stock ceiling was approved in 1994 vide Reso.No.8 dated

8.7.1994. Since then the rates of materials have increased which has necessitated

the review of stock ceiling of some of the items. Accordingly, the case was

processed for revision of stock ceiling and was sent to Fin. Deptt. for their

concurrence. Finance has accorded its concurrence as under, which also indicates

the stock ceiling as approved in 1994, as proposed now and as agreed by the

Finance.

S.No. Name of material Stock Ceiling(Rs.in lacs) Stock Ceiling(Rs.in lacs)Existing Proposed by the Deptt. Concurred by Fin.deptt.

________________________________________________________________________________1. Cement 80 80 802. Steel 75 75 753. C.I. & D.I. pipe 20 40 354. Paint 15 40 305. Bitumen 50 15 106. Building material 14 25 257. Water supply & 18 30 18

Sanitary fitting.8. Timber & plywood 3.00 8 39. Misc. & Fuel wood 1.5 2 Nil. Since the HMP has been

closed down and there is surplus stock of fuel wood.

______________________________________________________________________________

While agreeing to the revised stock ceiling, the Finance observed as under : -

(a) Availability of funds.

(b) The actual expenditure on the Individual sub-heads will not be allowed to

exceed the sanctioned stock ceiling at any time during the year.

(c) The deptt. shall formulate policy for the procurement of cement, steel and

paints (Road marking/Synthetic Enamel paints.) in consultation with the

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sister organizations like MCD, DDA, PWD and CPWD etc. before the

commencement of next financial year.

(d) The material shall be purchased only against the sanctioned estimates for

Road Maintenance/Road Maintenance and other sanctioned estimates of

original works. The deptt. shall ensure that there is no excess stock piling.

(e) The shelf life of perishable items shall be taken into consideration at the

time of procurement.

(f) The inventory control record be maintained accurately and the stock

position be verified periodically.

The points raised by finance are clarified as under: -

(a) The funds are always available and procurement is done against 9-B

Suspense Stock and issued against sanctioned estimates.

(b) On particular time the stock of the material is not being allowed to exceed

the stock ceiling.

(c) The materials are procured as per set procedure as contained in the CPWD

Manual adopted by NDMC.

(d) The Store divn. procure material against 9-B Suspense Stock and not

against the sanctioned estimates, however, the procurement is made based

on the requirement against the sanctioned estimates.

(e) The shelf life of items is taken in to consideration at the time of

procurement.

(f) Inventory Record is maintained and stock verification is done periodically.

Finance has recommended nil stock ceiling for item No.9 which pertains to

miscellaneous items and fuel wood on account of the reason that HMP has been

closed down and there is surplus stock of fuel wood. But there are other items

which are purchased under this head such as phawda handles, pick axe handles,

hexa blades, cane baskets, welding rods, cotton ropes, old dhotis etc. etc. for which

some stock ceiling is essential.

In view of this, it is proposed to keep the stock ceiling of Rs.1.5 lacs as was

approved vide Reso.No.8 dated 8.7.1994 for item No.9.

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The Chairman has seen the case.

CE(C)-II's REMARKS :

The case is laid before the Council for approval of the revised stock ceiling

as concurred in by the finance except for item No.9 where it is proposed to keep

the stock ceiling of Rs.1.5 lacs as was approved vide Reso.No.8 dated 8.7.1994, to

be effective from 1.4.2002.

COUNCIL’S DECISION

Resolved the Council that a revised cost ceiling as per details given in the preamble is approved and stock ceiling of Rs.1.5 Lacs for item no. 9-B was also approved.

96

ITEM NO. 3 (xxiv)

RAIN WATER HARVESTING IN NDMC AREA DURING 2001-2002. CONSTRUCTION OF RECHARGE STRUCTURE IN GOLF LINK, NEW DELHI. -PRELIMINARY ESTIMATE-

The New Delhi Municipal Council area is spread over a land of 42.74 sq.

km. NDMC area consists of 1030 acre of green land. There are four major

gardens/parks, 52 roundabouts and nallahs in NDMC area. There is lot of open

green area which can be utilized for artificial recharging to ground water resources.

It is well known fact that due to the considerable increase in population,

Delhi finds itself in the grip of acute water scarcity and the water table is declining

rapidly. Keeping this in view, it is necessary to improve the ground aquifer so that

we can get more water from underground resources.

The annual normal rain fall of Delhi is about 611.8 mm. There is need to

recycle and conserve with available surface water and also to augment the ground

water recharge through artificial measures. For this purpose, “Rain Water

Harvesting” is required to be carried out. Water Harvesting consists of trapping

of rain water falling on ground surface to channelise suitably for recharging ground

water source/aquifer. Recharge shafts are made in the ground for pouring surface

water in the underground aquifer. In this process, rain water, which is soft in

nature going into the sewer/storm water drains/river, could be utilized for

increasing ground water sources. In this way level of ground water table will be

raised.

Central Ground Water Board, Govt. of India has sent a scheme for Rain

Water Harvesting in Golf Link, New Delhi, vide their letter no.

1-2/AR-RWH/ND/CGWB/2000-778 dt.22/3/2001 with reference to NDMC letter

no.EE(Dr.)/D/1609-1612, dt.6/10/2000. The Preliminary Estimate has been

checked by the Planning Office for Rs.11,68,500/- and the Finance Department has

concurred in this scheme amounting to Rs 11,68,500/- (Rupees Eleven Lac Sixty

Eight Thousand Five Hundred only) vide their diary no.104/FA, dt.8/2/2002.

There is a Budget provision of Rs.50.00 lacs during the year 2001-2002 vide Head

of Account D-1-17-11 (A) Item no. V at page 67.

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The Chairman has seen the case.

CHIEF ENGINEER(C-I) REMARKS:-

The case is laid before the Council for consideration and according the

Administrative Approval and Expenditure Sanction for the Preliminary Estimate

amounting to Rs11,68,500/-(Rupees Eleven Lac Sixty Eight Thousand Five

Hundred only).

COUNCIL’S DECISION

Resolved by the Council that administrative approval & expenditure sanction to the preliminary estimate amounting to Rs.11,68,500/- is accorded.

98

ITEM NO. 3 (xxv)

RAIN WATER HARVESTING AT SHANTIPATH, CHANKYAPURI, NEW DELHI. PRELIMINARY ESTIMATE.

The New Delhi Municipal Council area is spread over a land of 42.74 sq.

km. NDMC area consists of 1030 acre of green land. There are four major

gardens/parks, 52 roundabouts and nallahs in NDMC area. There is lot of open

green area which can be utilized for artificial recharging to ground water resources.

It is well known fact that due to the considerable increase in population,

Delhi finds itself in the grip of acute water scarcity and the water table is declining

rapidly. Keeping this in view, it is necessary to improve the ground aquifer so that

we can get more water from underground resources.

The annual normal rain fall of Delhi is about 611.8 mm. There is need to

recycle and conserve with available surface water and also to augment the ground

water recharge through artificial measures. For this purpose, “Rain Water

Harvesting” is required to be carried out. Water Harvesting consists of trapping

of rain water falling on ground surface to channelise suitably for recharging ground

water source/aquifer. Recharge shafts are made in the ground for pouring surface

water in the underground aquifer. In this process, rain water, which is soft in

nature going into the sewer/storm water drains/river, could be utilized for

increasing ground water sources. In this way level of ground water table will be

raised.

Central Ground Water Board, Govt. of India has sent a scheme for Rain

Water Harvesting at Shantipath, Chankyapuri, New Delhi, vide their letter no. 1-

2/AR-RWH/ND/CGWB/2000-778 dt.22/3/2001 with reference to NDMC letter

no.EE(Dr.)/D/1609-1612, dt.6/10/2000. The Preliminary Estimate has been

checked by the Planning Office for Rs.22,20,350/-, and the Finance Department

has concurred in this scheme amounting to Rs.22,20,350/- (Rupees Twenty Two

Lac Twenty Thousand Three Hundred Fifty only) vide their diary no.105/FA,

dt.8/2/2002. There is a Budget provision of Rs.50.00 lacs during the year 2001-

2002 vide Head of Account D-1-17-11 (A) Item no. V at page 67.

99

The Chairman has seen the case.

CHIEF ENGINEER(C-I) REMARKS:-

The case is laid before the Council for consideration and according the

Administrative Approval and Expenditure Sanction for the Preliminary Estimate

amounting to Rs.22,20,350/-(Rupees Twenty Two Lac Twenty Thousand Three

Hundred Fifty only).

COUNCIL’S DECISION

Resolved by the Council that administrative approval & expenditure sanction to the preliminary estimate amounting to Rs.22,20,350/- is accorded.

100

ITEM NO. 3 (xxvi)

WIDENING OF TOLSTOY MARG.S/H : REMITTANCE OF INTEREST AMOUNT AWARDED BY HON’BLE HIGH COURT IN RESPECT OF AWARD NO.6 & 6A/1992-93 FOR WIDENING OF TOLSTOY MARG, NEW DELHI IN THE MATTER OF CWP – 4364/2000 TITLED AS ARYA ORPHANGE V/S LAC & OTHERS.

On the basis of the provision of the master plan, Delhi, the

recommendations of the Transport Committee headed by the Secretary, M/o

Shipping and Transport, it was decided to widen Tolstoy Marg between Janpath

and Barakhamba Road. The land was acquired by the L&B Deptt. And handed-

over to NDMC. 2497.49 sq.mt. of land had been taken over by NDMC during

February,92 from L&B Deptt. who had acquired this land through LAC. Against

this acquisition an award No.6 amounting to Rs.7,29,22,801.85/- was published by

the LAC. Similarly an area measuring 418.03 sq.mt. was handed-over to NDMC

in September,1992 by L&B Deptt. for which an award No.6A amounting to

Rs.2,26,20,186.01/- was published by LAC. Although, the total amount of

Rs.9,55,42,987.86 + 15% interest has been demanded from NDMC.

Till date, the NDMC has paid the amount of Rs.9 crores at various stages

leaving the balance amount of Rs.55,42,987.86 + interest which is still being asked

for by L&B Deptt. This amount was released in phases from the grant received

under Road Sector.

These payments have been made including interest against the total award

of Rs.9,55,42,987.86 + 15% interest. Out of Rs.9 crores, Rs.5 crores have been

paid out of grant received under Road Sector. As the payment of compensation for

acquisition of land was quite substantial, it was not possible for NDMC to meet

the burden from the existing plan allocation. The request was made to increase the

plan allocation to meet the additional expenditure. Schemes including acquisition

of land was formulated on the advise of Delhi Govt. As such, it was reasonable

for NDMC to seek the additional funds under Road Sector to meet the liability.

Since then the matter is being pursued with Chief Secretary. Govt. of NCT of

Delhi for reimbursement the sum of Rs.4 crores paid by the NDMC in the year

101

1995-96 and also to allocate the additional fund under the Road Sector during

current financial year, so as to meet this heavy financial liability of Rs.2,55,42,988

+ 15% interest which had been incurred by NDMC in the interest of public

services.

In the meantime, a letter No.DC/ND/2001 dt.15.1.01 was received from

Dr.R.C. Meena, LAC, Distt. New Delhi. In this letter, LAC requested for

furnishing a cheque of Rs.16,76,598/- in favour of LAC by 31.01.01. This

payment was demanded on account of enhanced compensation in respect of

Property No.12, K.G.Marg, New Delhi which was enhanced by the Addl. Distt.

Judge Sh. M.L. Sahni vide his judgement dt. 28.09.1996. This payment amounting

of Rs.16,76,598/- only was also released in the month of April,2001 after

concurrence from the Finance Deptt. and approval of the Chairman.

A request was also received vide letter No.LAC/ND/2001/3926 dt.

18.12.01 from ADM/LAC wherein it was stated that the hon’ble High Court of

Delhi on 11.12.01 has ordered for payment of interest u/s 34 of the LAC Act, 1894

in the aforesaid case within 4 weeks from the date of judgement to the petitioner

and L&DO in the ratio of 75:25. and report compliance on the next date i.e.

22.1.02. The total payment as ordered by the hon’ble High Court was

Rs.94,12,052.88/- and the same was to be paid without any delay to the petitioner

Arya Orphanage and L&DO in the matter of CWP No.4364/2000. The case was

referred to Finance Deptt. and the advice of Law Deptt. was also sought. After

concurrence of the Finance Deptt. and advice of the Legal Advisor and under the

approval of Chairman, a sum of Rs.94,12,052.88/- was released to LAC in

anticipation of approval of the Council.

The Chairman has seen the case.

CE(C)-II Remarks:-

The case is laid before the Council for accord of approval of payment

already made to LAC amounting to Rs.94,12,052.88/- + Rs.16,76,598/- =

102

Rs.1,10,88,650.88/- (Rs. One crore ten lacs eighty eight thousand six hundred fifty

and paise eighty eight only) in the matter of CWP No.4364/2000 titled as Arya

Orphanage (13, Barakhamba Road) V/s. LAC & others and enhanced

compensation in respect of Property No.12, Kasturba Gandhi Marg, New Delhi.

COUNCIL’S DECISION

Resolved by the Council that action taken by the Chairman regarding payment made to LAC as detail given in the preamble is approved.

103

I TEM NO. 3 (xxvii)

GRANT OF FINANCIAL SUPPORT TO THE MUSHROOM PROJECT AT AANCHAL SPL.SCHOOL

BACKGROUND

Targeted at the weaker section of the Society’s Intellectually Impaired

Women, The National Institute of Science Technology and development Studies

(NISTADS) undertook a research project on rehabilitation of the intellectually

impaired: field experimentation choices and technology transfer processes, at

Aanchal Special School for Mentally Retarded Children, chanakya Puri. Financed

fully by NISTDADS the project was set up with a unit for mushroom cultivation in

the year 1995. After obtaining the approval of the then Special Officer NDMC a

Memorandum of Understanding was entered into by Aanchal with NISTADS on

01.05.1995.

An initial grant of Rs60,000/- was released by NISTADS as Ist installment

and funds were released every quarter on submission of Utilisation Certificate,

statement of Revenue, Projected Investment and quarterly progress report. The

MOU stipulated that Aanchal would provide:-

a) Teacher/Social Worker to assist the project team.b) Arrange Intellectually Impaired trainee workers.c) Built up space and infrastructure like water, electricity, security etc.d) Extend support for raw material sourcing and marketing of produce.e) Provide Administrative and accounting facility.f) Maintaining accounts of project fund received from NISTADS,

expenditure incurred and revenue received through sales of produce.

On its part NISTADS was to provide:-

a) Professionals and experts on mushroom cultivation.b) Administrative and financial support.c) Expert consultancy on mushroom from organization like IARI, Centre

for tropical Mushroom Reasearch and Training, Bhubneshwar and sister laboratories of NISTADS.

d) Necessary gadgets/equipments for the project monitoring and review mechanism.

e) The disbursement of funds to workers, stipend to trainees,

104

f) Appointing technically skilled staff as well as auditing etc. was also the responsibility of NISTADS.

The project tenure was three years.

The MOU also stipulated that if the hypothesis proved successful the

project was to be institutionalized by NDMC at Aanchal. Installments.

Over the three years of the Project the hypthesis that mushroom cultivation

technology can be transferred successfully to intellectually impaired people was

tested. The first year was devoted to creation of the necessary infrastructure like

mud houses(four), water, electricity, training of Mentally Handicapped students

and so on. The experimental production runs was successful. The performance of

the students was most satisfying both in terms of skills and personality

development. The project was christened “SAKSHAM”. The next two years

consolidated the achievement of the project and by the year 1998 the experiment

was highly successful, thus, paving the way for the establishment of a full fledged

sheltered workshop.

On 6th November 1998, the Saksham Mushroom Project was formally

handed over by Director, NISTADS to Chairman. NDMC.

The model center of Mushroom cultivation contributed to the building up

of NDMC’s image both nationally and internationally as a pioneer contributor of

state of art, low cost technology module for the habilitation of Mentally

Handicapped. The project positively demonstrated a market driven approach to

imply that such manufacturing cum vocational habilitation center can reduce the

burden of grant in aid support. The social achievements from the project surpassed

the financial results. It propagated a tremendous boost to morale and self-

confidence of the students who started nurturing ambitions and a confidence in

their own ability. It has led to a great sense of achievement, worthiness and

confidence in themselves. After carefully examining the feasibility of its

institutionalization it was seceded to institutionalize the project at the level of

Chairman, NDMC. The project was selected by UNDP/Special Unit for Technical

105

Cooperation among Developing countries (TCDC) for publication as one of the 40

experience in the final publication “ Innovation in development in the third world”

as an innovating experience. The publication was released in New York in

September 1998 by UNDP Unit for TCDC.

After the expiry of the formal term of the project the parent Association of

the Trainable Handicapped (PATH) (A registered association of the parent of the

students involved in the mushroom project) came forwarded to support the project

and took over the day to day management with finances and funding from their

own sources. The cultivation activity was taken up in two mud houses by PATH

and once again the results were encouraging and positive. The project was

operated by the parents association on a no profit basis.

With the approval of the Finance the project was recommissioned under an

MOU for a period of one year with the condition that all the students of the school

should benefit. In a meeting chaired by Chairman, NDMC on Ist June 1999, it was

decided to handover the project to PATH for day to day management. The

Memorandum of Understanding with PATH was signed on 12 th July, 2000 for

period of one year. Under this MOU, NDMC has released a grant in aid of

Rs.1.64 lacs in four equal quarterly installments. The Chairman has seen the case

on 31.12.2001 and has approved extension of the project on existing terms and

conditions as per the MOU with PATH for a period of one year w.e.f. 01.11.2001

to 31.10.2002. When the matter went to the Finance department for concurrence, it

was advised that the case be placed before the Council for information.

Accordingly, the information regarding the confirmation of the project and its

progress is placed for information.

COUNCIL’S DECISION

Information noted.

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ITEM NO. 3 (xxviii)

WRITING OFF Rs.9,424.00 AS COST OF TWO NUMBER OF ENGLISH TYPEWRITERS WHICH WERE STOLEN IN A THEFT CASE FROM WOMEN TECHNICAL INSTITUTE, NETAJI NAGAR NEW DELHI ON 26.02.1999

Women Technical Institute is being run under Social Edn. Depptt. At Netaji

Nagar, New Delhi. Two English Type-writers(of which the detail is enclosed (See

page 108) had been stolen away by breaking the backwindow of the room of Eng.

Stenography Trade in W.T.I on 26.02.1999 when two Security Guards were

performing duties on daily wages in W.T.I. The case was reported to the N.D.M.C

Authority immediately and prior to that an F.I.R. was lodged at Sarojini Nagar

Police Station. The same could not be recovered by the Police Deptt. As

confirmed by the Principal (W.T.I.) a number of times.

Director (Welfare) and the Secretary, NDMC proposed for taking

disciplinary action against the security Guards on duty. The file was referred to the

Chief Security Officer, NDMC and the Security Guards who were performing

duties on daily wages in W.T.I on 26.02,00 had been removed by the CSO

immediately as reported by the CSO. The proposal for writing off the cost of these

two typewriters(English) i.e. Rs.9,424/- was approved by the secretary, NDMC.

The Chairman has seen the case.

Now the case is laid before the Council for writing off the cost of these two

stolen typewriters i.e. Rs.9,424/- and for their deletion from the Stock Register of

Women Technical Institute, Netaji Nagar, New Delhi.

COUNCIL’S DECISION

Resolved by the Council that loss of Rs.9424/-, due to theft, is written off.

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DETAIL OF ITEMS TO BE CONSIBERED FOR WRITE OFF

1 DEPARTMENT : SOCIAL EDUCATION DEPARTMENT.2 BRANCH : WOMEN TECHNICAL INSTITUTE,

NETAJI NAGAR, NEW DELHI.3 ITEM CONCERNED : TWO NUMBER OF ENGLISH

TYPEWRITERS BEARING CHESIS NO 608540 AND 606435 RESPECTIVELY.

4 COST OF ITEM : :Rs.4,712/- EACH x 2 = Rs.9,424/-5 DATE OF PURCHASE : 28.02.1990.6 LIFE SPECIFIED : 10 YRS FROM THE DATE OF

PURCHASE7 CAUSE FOR WRITE

OFF : TWO NUMBER OF TYPEWRITERS

WERE STOLEN IN A THEFT CASE ON 26.2.99.

8 APPROVAL FOR WRITE OFF

: APPROVED BY THE SECRETARY, NDMC

PRINCIPAL(WTI)Netaji Nagar, New Delhi

(ASEO)Social Education Deptt.NDMC.

DIRECTOR(WELFARE)NDMC

108

ITEM NO. 3 (xxix)

ENHANCEMENT OF FEE STRUCTURE IN RESPECT OF CRÈCHES AND CRAFT CENTERS BEING RUN UNDER SOCIAL EDUCATION DEPTT.

A case had made for the revision of rates of tuition and Admission Fee for

Crèches and Craft Centres being run under Social Education Deptt since the last

revision was done in the year 1988 & 1992 respectively. The finance Deptt had

initially recommended a fee structure enhancing the fees for the Crèches & Craft

Centres approximately by 200% to 300%. The matter was again reconsidered

because the deptt, felt that such a high increase would be unrealistic and would go

against the spirit of such projects which was basically aimed to provide vocational

training to lower group as also facilities for such children whose parents come

from all strata of society.

On this basis, the following fee structure is now proposed for implementation:-

For Craft Courses.

S.No. COURSES ExistingT.FeeRs.

FeeAdm. FeeRs.

RevisedT.FeeRs.

FeeAnd.FeeRs.

1. I yr. Course in Cutting Tailoring & Embroidery

08/- 03/- 20/- 10/-

2. S.C. & S.T 06/- 03/- 15/- 10/-

3. Special class in summer Vac.

15/- 05/- 60/- 20/-

4. Art & Craft 12/- 03/- 20/- 10/-

5. Knitting 30/- 15/- 30/- 25/-

6. Boutique, Tie & Die 20/- 10/- 30/- 25/-

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S.No. Categury Existing FeeT.Fee & Admn Fee

Revised Fee

Parent gross monthly income

Children of NDMC Employee

General Children other than of NDMC Employees

Children of SC & ST

01. General 120/- & 20/-

Upto 6500/-

135/- Flat rate 275/-

45/- p.m.

02 NDMC employee

100/- & 20/-

6501/- to 10,000/-

190/- -do- 145/-

03. SC/ST 75/- & 20/-

Above 10,000/-

240/- p.m -do- 170/-

Admission fee in all categories Rs.50/-

This proposal has been concurred by the Fin. Deptt. The revised fee structure is proposed to be implemented from the Ist of April 2002.

The Chairman has seen the case.

The case is laid before the council for approval.

COUNCIL’S DECISION

Resolved by the Council that enhancement of Fee Structure in respect of creches and craft centers being run under Social Education Department as given in the preamble is approved.

110

ITEM NO. 3(xxx)

CONTRACTS/SCHEMES INVOLVING AN EXPENDITURE OF RS. 1 LAC BUT NOT EXCEEDING RS. 10 LACS.

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

an expenditure of Rs. 1 lac but not exceeding Rs. 10 lacs under Clause 143© shall

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

entered/executed till January, 2002 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 112 – 122 ).

COUNCIL’S DECISION

Information noted.

111

ANNEXURE

112

ANNEXURE

113

ANNEXURE

114

ANNEXURE

115

ANNEXURE

116

ANNEXURE

117

ANNEXURE

118

ANNEXURE

119

ANNEXURE

120

ANNEXURE

121

ANNEXURE

122

ITEM NO. 3(xxxi)

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

In the Council Meeting held on 28.08.98, 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

November, 2001 had already been included in the Agenda for the Council Meeting

for the month of January, 2001.

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

awarded upto December, 2001 is placed before the Council for information. (See

pages 124 – 139 ).

COUNCIL’S DECISION

Information noted.

123

ANNEXURE

124

ANNEXURE

125

ANNEXURE

126

ANNEXURE

127

ANNEXURE

128

ANNEXURE

129

ANNEXURE

130

ANNEXURE

131

ANNEXURE

132

ANNEXURE

133

ANNEXURE

134

ANNEXURE

135

ANNEXURE

136

ANNEXURE

137

ANNEXURE

138

ANNEXURE

139

ITEM NO. 3(xxxii)

IMP. TO MOHAN SINGH PLACE. SH : PROVIDING MARBLE GRIT WASH PLASTER ON OUTER FACE OF MOHAN SINGH PLACE. –TENDERS THERE OF.

The A/A & E/E was accorded for Rs. 7,62,500/-(Rupees Seven Lac Sixty Two Thousand Five Hundred only) by the Chairman, N.D.M.C. The D.E. based on DSR 1997 + 3% contingencies was sanctioned technically by C.E.(C-II) for Rs.8,30,300/-(Rupees Eight lac Thirty Thousand Three Hundred only) Draft NIT amounting to Rs. 8,06,121/-(Rupees Eight lac Six thousand One Hundred Twenty One only) was also approved by C.E.(C-II). Sealed Item Rate tenders were invited after observing all codal formalities i.e., by sending Press Notices to 3 Nos. leading daily newspapers through Dir.(PR) and sending Tender Notices to various divisions of Civil Engineering Department, N.D.M.C. Besides this, Tender Notices were also sent to NDMC Contractors Association as well as NDMC Builders Association.

The last date of sale and opening of tenders were 16.01.2002 & 18.01.2002 respectively. On due date and time, the Tender Box was opened in the presence of E.E.(CBM), D.A.(CBM) & others. Only single tender was found whereas 7 tenders were sold in all. It appears that as the work is of difficult nature, 6 contractors did not respond after seeing the site conditions.

M/s. India Guniting Corporation, have quoted their rates with overall percentage at 52.34% above the E.C. with tendered amount of Rs. 12,28,048.00.(Rupees Twelve Lacs Twenty Eight Thousand Forty Eight only). The justification duly checked in planning based on current prevailing market rates works out to 11.49% above the E.C. as in normal case (i.e. without effect of double Steel pipe scaffolding etc.). However, in this special type of work, double steel pipe scaffolding is required and after considering this, justification has enhanced by 32.54% (duly checked by Planning) above the E.C. of Rs. 8,06,121/-(Rupees Eight Lac Six Thousand One Hundred Twenty One only). By considering this factor, the justification works out to 44.03% above the E.C. as against the quoted @ 52.34% above by M/s. India Guniting Corporation. As there is not much difference between the justified rates and the rates quoted by the lowest contractor, so it was recommended to negotiate with them for getting reduction in the quoted rates to the extent possible The Chairman approved this proposal.

The Finance Department has concurred in the proposal of the Department to conduct negotiation with the single tenderer i.e., M/s. India Guniting Corporation for getting their rates reduced to the extend possible subject to the conditions as under: -

1. That it is certified by the Department that tendering system in this case was quite fair and tender was not pooled.

2. That while conducting negotiations, it may be kept in mind that this firm is already doing rehabilitation work at the same site.

140

3. That validity of tender is got extended suitably.

As regards their observations, the parawise clarification are given as under:

1. It is stated that tendering system in this case was quite fair and the tender was not pooled.

2. The work of rehabilitation of Mohan Singh Place has been executed quite satisfactorily by the same firm and they have maintained the quality of the work. The work has been completed and contractor has removed his machinery etc. from the site. However, store etc. has not been removed. During negotiation, contractor was asked to consider this factor also for reduction in the rates.

3. The validity of tender has been extended up to 28.02.2002.

Brief note for negotiation was issued to all concerned officers. Negotiations were conducted in the Chamber of C.E.(C-I) on 11.2.02 at 12.00 Noon with the lowest tenderer i.e., M/s. India Guniting Corporation. when SE(BM), Sr. FO, ALO & EE (CBM)were also present. At the initial stage the contractor was reluctant to reduce the rates on the plea that the work will be carried out in C. Place area where there are restrictions to ply trucks. They will have to protect the glass panes by covering with G.I./plywood sheet. They will also provide wooden Challies, polythene sheets to check any mishap while dismantling plaster etc.which will result extra cost of about Rs.80,000. If this is considered the justified rates will increase further by about 10-12 %.

However after a lot of persuations they agreed to give a rebate of 2.50% on their quoted rates. They confirmed this vide letter dated 11.02.2002 which will form part of the agreement. Considering this rebate, the negotiated tendered amount works out to Rs. 11,97,347/-(Rupees Eleven Lac Ninety Seven Thousand Three Hundred Forty Seven only) which is 48.53% above the E.C. of Rs.8,06,121/-(Rupees Eight Lac Six Thousand One Hundred Twenty One only) as against the justification of 44.03 % above the E.C.. The firm has confirmed in his negotiated offer dated 11.2.2002 that various protection works/measures will be taken by them without extra payment.

The negotiated offer was considered reasonable keeping in view the following factors which were not considered in the justification of rate at 44.03% above E.C.:-

1. The work is to be carried out in Connaught Place, which is no entry area for trucks. Materials are to be carted during night hours after obtaining permission of Traffic Police to ply trucks. For this normally depending on the nature and quantum of work the justification increases by 2 to 3 %.

2. The protection arrangements to protect window glass panes from falling of dismantled cement plaster with plywood/GI sheets and on outer face of scaffolding with bamboo challies and PVC sheets so as to avoid injury to passerby as debris may go away after striking MS pipe scaffolding.

141

3. The work is to be carried out at all heights. The nature of the building is such that Ist material is to be carted to IInd floor and from there it has to be carted to other floor. As work of multi storey building requires lot of pipe scaffolding and other infrastructure, experienced staff for doing work on high scaffolding units wearing safety belt and helmets etc. Such arrangements are available only with the specialized firms doing such type of work.

The Chairman has pointed that work is required to be done only on the outer walls and not inside the shopping area. In this regard it is mentioned that offices of NDMC, MTNL, BSNL and Coffee House are situated at 2nd to 6th floor of this bldg. Computers have been installed by these departments. For this necessary covering of windows will be required so that dust, any dismentaled piece and broken glass pane do not affect the sensitive computers and to avoid injury to the employees of these departments and other passer by.This is also necessary to avoid entry of monkeys through windows.

In view of the position explained above and keeping in view the extra factors involved in the work, which was not considered in the justification of rate of 44.03%, the negotiated offer was considered reasonable by the negotiation Sub-Committee. It has been recommended by the Negotiation Sub-Committee to award the work to the lowest tenderer at negotiated tendered amount of Rs. 11,97,347/-with overall percentage @ 48.53% above the E.C. of Rs.8, 06,121/-. The letter of negotiation from the contractor in support of reduction in rates will form part of the agreement. The approval of tender falls within the competency of the Council.

The Chairman has seen the case.

CHIEF ENGINEER (CIVIL-I)’S REMARKS :

The case is laid before the Council for consideration and to accept the lowest negotiated offer dated 11.2.2002 of M/s India Guniting Corporation with a tendered amount of Rs. 11,97,347/-(Rupees Eleven Lac Ninety Seven Thousand Three Hundred Forty Seven only) which works out to 48.53 %(forty eight point fifty three percent) above the estimated cost of Rs. 8,06,121/-(Rupees Eight Lacs Six Thousand One Hundred Twenty One only).

COUNCIL’S DECISION

Resolved by the Council that the negotiated offer of the lowest tenderer M/s India Guniting Corporation at an amount of Rs.11,97,347/- which works out to 48.53% above the estimated cost of Rs.8,06,121/-, is accepted.

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TABLE ITEMS FOR THE COUNCIL’S MEETING NO. 11/2001-2002.

ITEM NO. 3(xxxiii)

ADOPTION OF RECRUITMENT RULES BY THE COUNCIL FOR THE POST OF CHIEF ENGINEER (ELECTRICAL) DULY APPROVED BY THE UPSC.

The Recruitment Rules for the post of Chief Engineer (Electrical), Superintending Engineer (Electrical) and Executive Engineer (Electrical) were approved by the UPSC on 14.03.2000 and the matter was placed before the Council for adoption on 26.05.2000 vide resolution No.3(xx). The Council, however, decided to defer the item on account of objections by the Electrical Engineers since there was no relevancy for providing the alternate qualification of the Degree in Mechanical Engineering and that the provision of 06 years of qualifying service as S.E.(E) for promotion to the post of C.E.E. was likely to affect adversely the departmental S.E.E’s.

During further consideration of the matter it was found that the provision of the option of Mechanical Engineering as the basic qualification for these post is not relevant as the cadre of supervisory grade in the electric department had no Mechanical Engineers and as such the option of Mechanical Engineering as basic qualification needed to be deleted. It was further, suggested to reduce the qualifying period of service as two years instead of 06 years as earlier provided in the RRs for promotion to the post of C.E.E. from the grade of S.E.(E) and a letter was sent to the UPSC accordingly. It was pointed out by the UPSC that the Commission had approved the prescription of a Degree in Electrical/Mechanical engineering or Diploma in Electrical/Mechanical Engineering from a recognized University in the recruitment rules and the promotion from departmental candidates was based on the proposal made by the NDMC. The Commission further stated that in case there was any incumbent with Degree in Mechanical Engineering in any of these posts it was necessary to incorporate a note in the Recruitment Rules to safeguard the interest of such incumbents. Accordingly, the Commission was informed that only the present C.E.(E) is holding the Degree in Mechanical engineering. Thereafter, the UPSC have conveyed their approval to the amendment of the Recruitment Rules for the post of C.E.(E).

The previous Chairman in a meeting held on 22.1.2001 when Chief Engineer’s(E) and Chief Engineer’s (Civil) both were present had, however, viewed that Mechanical Engineers are needed in the Electricity Department to look after the D.G. sets, Lifts, Ventilators and other equipments. It was decided in the meeting that the Electricity and Civil Engineering department may work out their requirement of Mechanical Engineers at various levels so that proper restructuring of the Mechanical Engineers cadre could be worked out. It was also pointed out that the work load of Electrical/Mechanical in the Electricity department may be in the Ratio of 80:20. In the meantime this decision about retaining the qualification of Mechanical Engg. in the RR’s as already approved by the UPSC on 14.3.2000 was communicated to UPSC.

143

Chief Engineer (E-I) is of the opinion that in view of the kind of services that we have to provide we require Electrical/Mechanical Engineers in the ratio of 80:20. But, Chief Engineer (E-II) has opined that there is hardly any justification for including Mechanical Engineering qualification as an alternative for any post in Electricity department and introduction of the same in the Recruitment Rules at this stage will bring in demotivation, lack of interest and above all decline in NDMC standards in the years to come. As there are few chances of promotion available to Engineer’s causing more stagnation and hurt burn. He has further stated that all the mechanical works such as maintenance of air Conditioners/Air Conditioning, Pumps, Lifts are done through specialized private Contractors.

It is submitted in this connection that the Council vide its resolution No.48 dated 22.3.88 while considering the confirmation of Sh. D.N. Gupta as Supdt. Engineer(Elect.) had pointed out to the anomaly in the R.Rs for the post of E.E.(E) to C.E.(E) relating to keeping the degree of Mechanical Engineering as qualification for the post of E.E.(E), S.E.(E) and C.E.(E). it was observed in the resolution that “this anomaly should be removed through a general amendments of the rules. The DPC recommends that for all supervisory posts in the Electricity Deptt degree/diploma in the Electrical Engineering should be essential educational qualification depending on the post. Incumbents already recruited with a post of Mechanical Engineering are, however, be treated at par with others in same cadre for future promotions”. The opinion of the Chief Engineer-II is in consonance with the spirit of this resolution recommending that there was no need to prescribe alternative qualification of Mechanical Engineer as the feeder cadre had no mechanical Engineers.

Pending consideration of the proposal for creation of Mechanical Engineers cadre within Electrical Department, however, draft recruitment rules for the posts of A.E. (E ), E.E.(E) and S.E.(E) are proposed to be forwarded to UPSC without adding the Mechanical Engineering qualification. The Chairman has seen the case.

The Recruitment Rules for the post of Chief Engineer (Elect.) which was placed before the Council for adoption on 26.5.2000 vide Reso. No.3 (XX) and deferred, are placed at annexure (See pages 148 – 149 ).

The revised Recruitment Rules for the post of Chief Engineer (Elect.) at annexure (See pages 145 – 147 ) which has been approved by the UPSC is placed before the Council for formal adoption and subsequent approval of the Central Government. COUNCIL’S DECISION

Resolved by the Council that the revised R.Rs for the post of C.E.(Elect.) as approved by UPSC vide their letter dated 16.02.2001 is formally adopted for onwards submission to the Central Govt. for approval. It was further resolved that a Footnote prescribing “Incumbents already recruited with a qualification in mechanical Engineering shall be treated at par with those having Electrical Engineering in their cadre for future promotion” be added in the R.Rs in order to safeguard the interest of the Mechanical Engineers in the cadre, if any.

144

ANNEXURE-

145

ANNEXURE-

146

ANNEXURE-

147

ANNEXURE-

148

ANNEXURE-

149

ITEM NO. 3(xxxiv)

INVESTMENT POLICY OF NDMC : MINUTES OF THE MEETING HELD UNDER THE SAID POLICY OF THE COUNCIL LAID DOWN BY RESOLUTION NO. 3(III) DATED 5 TH NOVEMBER, 1996.

In accordance with the decision of the Council vide the above quoted

resolution, the minutes of the meeting of the Investment Sub-Committee held on

13.02.2002 is placed below before the Council. (See pages 151 – 152 ).

COUNCIL’S DECISION

Information noted.

150

Investment Committee Proceeding on13 th February, 2002 .

The following were present:-

1. Sh. T.K. Sanyal Financial Advisor2. Sh. B.M. Sukhija Chief Engineer-II(Elect.)3. Lt.Col.A.S.Gurung Medical officer Health4. Sh. Ajit Kumar Director (Accounts)

Position as on 12 th February, 2002

The Director (Accounts) informed the Investment Committee that an amount of Rs. 97 Crore (appx) is estimated to be available as surplus from General Fund Account for investment and Rs. 1.75 Crore from GPF Account for investment during this fortnight.

Quotations have been invited from all empanelled banks on 11-02-2002 for the rates being offered by them against various instruments on 12-02-2002. All banks responded except Bank of Baroda. No bank has quoted for Certificate of Deposit. Rates quoted by them for fixed deposits for 3 years and above are detailed below:-

Quotations received on 12 th February, 2002 for Fixed Deposit.

S.No. Name of Banks Period

3 Years & above

1.Allahabad Bank1 Cr.to < 50 Cr. & above

8.50%

2.Andhra Bank 8.50%

3.Bank of Baroda Not quoted

151

4.Corporation BankRs. 1 Crore & above

8.25%

5.Indian Overseas Bank 8.50%

6.Oriental Bank of Com. 8.25%

7.Punjab National Bank 8.25%

8.Punjab & Sind Bank 8.25%

9.State Bank of India1 Cr.to 10 Cr. & above 8.25%

10.Union Bank of India1 Cr.to < 25 Cr. & above 8.25%

11.Vijaya Bank1.Cr.to < 100 Cr. & above 8.25%

It was noted that Allahabad Bank, 17-Parliament Street, New Delhi Andhra Bank, M-35, Connaught Circus, New Delhi, and Indian Overseas Bank, M-13, Punj House Annexe, Connaught Place, New Delhi have quoted highest rate of interest @ 8.5% p.a. for a period of 3 Years & above. The Investment committee decided to invest Rs.49 Crore available from General Fund Account with State Bank of India @ 8.25% p.a. for a period of 3 years 4 days to raise corpus of Pension Fund from Rs. 178 Crore to Rs. 227 Crores as per the approval of Chairman, separately taken by office in pursuance of Chairman's order in principle for creation of a separate Pension Fund. The balance amount of Rs. 48 Crores available from General Fund Account & Rs. 1.75 Crore available from GPF Account was decided to be invested as under @ 8.5% p.a.for a period 3 years & 4 days.

1. Allahabad Bank Rs. 16.60 Crore2. Andhra Bank Rs. 16.60 Crore

152

3. Indian Overseas Bank Rs. 16.55 Crore

Chief Engineer-II(Elect) Director (Accounts)

Medical Officer Health Financial Advisor

ITEM NO. 3 (XXXV)

STATUS REPORT OF THE PEDESTRIAN SUBWAY AT RAFI MARG NEAR RAIL BHAWAN LIKELY TO BE DEMOLISHED BY DMRC.

The pedestrian subway at Rafi Marg near Rail Bhawan constructed by NDMC in August. 1998 is falling in the North-South Corridor of Delhi Metro. The Central Secretariat Station of Delhi Metro is located below Rafi Marg between Rail Bhawan Rotary and Water Channel.

The construction of Central Secretariat Station was discussed in the Central Vista Committee in its meeting on 24.2.2001 when it was decided that the pedestrian subway at Rafi Marg between Rail Bhawan and water channel is to be demolished. The Chief Architect, NDMC is a member of the Central Vista Committee who was present in this meting also. This was informed by Dy. Chief Engineer/Metro/South vide his letter dt. 13.3.2001 and the same was again confirmed by him vide letter dt. 27.6.2001.

The case was submitted to Chairman, NDMC for consideration and approval and the same was approved by the Chairman, NDMC on 11.7.2001.

This point also came up during the presentation on North-South Corridor falling in NDMC area given by Delhi Metro Rail Corporation/International Metro Civil Contractors before the Chairman, NDMC in the Council Room on 29.8.2001. The minutes of the presentation/meeting were issued vide No. D/223/SW-II dt. 5.9.2001. Para 'H' of the minutes of the meeting reads as " The existing pedestrian subway located at Rafi Marg near Rail Bhawan will be demolished and rebuilt integrated with the Metro Station there at the cost of DMRC. The rehabilitation of the shops will be done by NDMC".

Now, after reviewing this issue, the Dy. Chief Engineer/M/S of Delhi Metro Rail Corporation has intimated vide letter no. DMRC/AR/ 14/MCIB/ NOC/MS/ 189/2002/106 dt. 11.02.2002 that the demolition of subway cannot be avoided and the new subway, however, will be built by them integrated with the Central Secretariat Station at the cost of DMRC. This may take a period of three years from now.

153

The shops constructed in the subway shall be suitably rehabilitated by the Director (Estate), NDMC.

CE (C-II)'S REMARKS

The case is placed before the Council for information of the above decision.

COUNCIL’S DECISION

Information noted.

154

ITEM NO. 3 (xxxvi)

S/R OF ROADS IN NDMC AREA (SH: RECONSTRUCTION OF FOOTPATH AT SOUTH AVENUE)

South Avenue is one of the major roads in the VIP area and pass through

the MP flats. MPs from all over India are staying around this road as such the road

reflects the image of Delhi all over India. The existing footpaths are more than 15

years old and are made of red and white sand stone rough dressed. With the

passage of time the stones have broken and rough sand stone are not giving good

look. In view of this, it was decided to replace the footpath with CC pavers. The

site has been inspected and it has been decided to reconstruct the footpath

accordingly.

A P.E. amounting to Rs.12,21,500/- has been prepared on the market rates

for obtaining administrative approval and expenditure sanction. The expenditure is

proposed to be charged to the budget provision of Rs.968 Lac which exists vide

item No.249 page 105 Non-Plan.

Finance has examined the case and accorded its concurrence vide their

No.FA-204 dated 29.01.2002.

The Chairman has seen the case.

C.E.(C-II)’S REMARKSThe case is placed before the Council for consideration and according

administrative approval and expenditure sanction for Rs. 12,21,500(Rupees

Twelve Lac, Twenty One Thousand and Five Hundred only) for the work of ‘S/R

of Roads in NDMC Area (SH: Reconstruction of footpath at South Avenue)’.

COUNCIL’S DECISION

Resolved by the Council that administrative approval and expenditure sanction to the P.E. amounting to Rs.12,21,500/- is accorded.

155

ITEM NO. 3 (xxxvii)

REVISION OF R.RS FOR THE POST OF SENIOR STATISTICAL INVESTIGATOR GRADE –I – CORRIGENDUM THEREOF.

The Council vide its Reso. No. 3 (xxv) dated 27.7.2000 has approved the

RRs for the post of Statistical Investigator & G-I (See Annexure at pages 156 -

157).

The preamble of this resolution has certain anomalies / errors which

requires to be removed as under :-

Anomalies / Errors Corrigendum

a) The pay scale of the post has

been shown in the preamble

as Rs. 6500-500-10500.

It should be read as 6500–200–10500.

b) In column no. 10, the method

of recruitment has been

shown as 50% by direct

recruitment and 50% by

promotion. Since the total

no. of post is only one, there

is no need to prescribe 50%

for direct recruitment & 50%

by promotion.

It should be read as “By promotion

failing which, by direct recruitment”.

The Chairman has seen the case.

The Corrigendum is placed before for information / consideration of the

Council.

COUNCIL’S DECISION

Information noted.

156

ANNEXURE

157

ANNEUXRE

158

ITEM NO. 3(xxxviii)

PAYMENT OF STICHING CHARGES TO THE ELIGIBLE STAFF FOR THE YEAR 2000-2001.

The eligible Group ‘C’ and ‘D’ employees of NDMC have been provided

with entitled uniform cloth for the year 2000-01. The Department proposed to pay

the stiching charges at the revised rates w.e.f. 18.12.2000 as per G.O.I. O.M. No.

14.4.2000-JCA dated 18.12.2000, M/O Personnel, P.G. & Pensions (Department of

Personnel & Training). As per information received from Dy. Secretary (Admn.),

Govt. of NCT, Delhi vide letter dated 13.3.2000, the revised rate of the stiching

charges are as under :-

WINTER

1. Buttoned-up-Coat & Pant Rs. 375/-

2. Ladies Coat Rs. 300/-

SUMMER

3. Pant (Terricot) Rs. 68.25

4. Bush shirt (Terricot) Rs. 29.25

5. Blouse Rs. 22.50

6. Petticot Rs. 15.00

The case was sent to Finance for clearance / concurring in for placing the

proposal before the Council.

The Finance have not concurred in the proposal and made following

observations :-

“Uniform to eligible employees is supplied so that they can wear them in

office. Since they do not wear uniform, where is the question of reimbursing

stiching charges, which has not been incurred by them”.

In a meeting held in the Chamber of Chairman on 16.10.2001 with the

representatives of Union, it was decided to release payment of stiching charges to

all eligible employees. The case was again referred to Finance for concurrence

who reiterated their earlier views.

159

The matter has again been discussed in the Council room with the

representatives of Unions. The case was re-submitted for revision of stiching

charges as per G.O.I. orders dated 18.12.2000 and payment of the same to the

eligible staff for the year 2000-2001.

The Chairman has seen and observed that “Stiching charges need to be paid

and if someone doesn’t wear it, administrative action be taken against him/ her”.

The case is, accordingly, placed before the Council for consideration /

approval of the release of stiching charges to the eligible employees for the year

2000-2001 at the revised rates.

COUNCIL’S DECISION

It was explained that the revised rates are actually payable for the year 2001-2002 as the G.O.I. order’s revising the rates were issued on 18.12.2000.

It was accordingly resolved by the Council that the stitching charges payable to the eligible employees for the year 2000-01 be released at the old rates. The revised rates as contained in letter dated 13.03.2001 of Dy. Secretary (Admn.), Govt. of Delhi will, however, apply for the year 2001-2002 onward.

(ARUNA BAROKA) (SUBHASH SHARMA) SECRETARY CHAIRMAN

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