MINUTES OF THE ORDINARY CANTONMENT BOARD MEETING HELD ON 29.05.2020 AT 1230 HRS PRESENT :-

1. Brig. M.J.Kumar (SM), President.

2. Shri .Duryodhan Tukaram Bhapkar,(Vice-President).

3. Shri.Pramod Kumar Singh, Member Secretary.

4. Lt.Col. Anirudha.D.Suryawanshi, Nominated Member

5. Maj.Udey Veer Singh, GE(C ) Ex-Officio Member. 6. Shri .Suresh Laxman Kamble, Member.

7. Shri.Kamlesh Sharad Chaskar,Member.

8 Shri. Manish Surendra Anand , Member.

9. Smt. Pooja Manish Anand, Member. 10. Kum. Kartiki Prakash Hivarkar, Member.

11. Shri.Abhay Krishna Sawant, Member.

Not Present :-

1. Brig.C .M. Sreedhar, SEMO, Ex-Officio Member. 2. Col. Sushil Kapoor, Nominated Member.

3. Col. R.S.Sidhu, Nominated Member.

4. Smt .Vaishali Kailas Pahilwan, Member.

5. District Magistrate or his Representative.

MINUTES OF CANTONMENT BOARD MEETING

HELD ON 29/05/2020 AT 1230 HOURS KIRKEE CANTONMENT BOARD

1. To consider and note the Finance Committee Meeting held on 19/05/2020 at

1230 hours.

1. Considered. The Budget was briefed by the CEO which has been prepared in

accordance with the CBAR 2020. The queries raised by the Elected Members regarding CBAR 2020 was clarified by the CEO and also all the relevant portions of the CBAR was read out by the CEO. After detailed discussion, the Board resolved to

approve the Budget and the proposal be forwarded to the Competent Authority for approval and sanction.

Before commencement of the meeting, Lt.Col.Anirudha D.Suryawanshi took

Oath of allegiance to the Constitution of India on becoming Nominated Member of the Board.

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2. ANNUAL CONSOLIDATED ACCOUNTS FOR THE YEAR 2019-20 UNDER RULE 40 OF CANTONMENT ACCOUNT CODE 1924.

To consider and approve the Annual Consolidated Account of Receipt and

Expenditure for the year 2019-2020 together with the summary sheet as per details given below:-

DETAILS SHOWING THE RECEIPTS AND EXPENDITURE FOR THE PERIOD FROM APRIL 2019 TO MARCH 2020. (All figures are in Rs.)

RECEIPTS EXPENDITURE

Opening Balance 34279592.24 1 Establishment 325027423.00

Income from Taxes 9593557.00 2 Original Works 42540181.00

Income from Non-taxes Revenue 1379320229.00 3 Maintenance works 100580092.00

Income from Other Sources 628775627.03 4 Medicines & 8237662.00

Maturity/Withdrawals 509748783.00 Non-medical items 6714097.00

Interest on Investment 17515427.00 5

Hospital

contingencies 42246133.00

6 Elect. Bill. 20730168.00

7 Elect. Stores 3174975.00

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Electrical

Contingencies 10487840.00

9 Workshop 1369463.00

10 Stores 4609245.00

11 Other Contingencies 324669519.00

12 Investment 325000000.00

13 Closing Balance 122456417.27

GRAND TOTAL 1337843215.27 GRAND TOTAL 1337843215.27

In this connection, the Annual Consolidated Account is placed on the table along with all other concerned documents.

2. Considered and approved. 2

3. REVISED BUSINESS REGULATIONS

Reference Principal Directorate,DE,SC.No.8073/Exper Committee/C/DE/2018 dated

27 Dec 2019 and even No dated 06 March 2020.

The Principal Directorate,DE,SC vide their letter No.8073/Expert Committee/C/DE/2018 dated 06 March 2020 have forwarded model Draft Business Regulation with an advice

to prepare the Business Regulation of the Cantonment Boards as per the Model Business Regulation with minor amendments as are necessary in view of category of each cantonment and any other addition or amendments that is felt by the Board.

Accordingly Business Regulations with minor amendments has been prepared, which

is enclosed herewith.

In this connection, the letters received from the DGDE and PDDE as referred above

along with Revised Business Regulations is placed on the table.

3. Considered the matter. Shri Duryodhan Bhapkar, VP along with other elected

members, namely, Shri S.L.Kamble, Shri Abhay Sawant, Shri Kamlesh Chaskar and

Ms.Kartiki Hiwarkar submitted a letter dated 29/05/2020 requesting the Board to constitute a Committee under the Chairmanship of the Vice President for going through

the Model Business Regulation to study the matter. The Board resolved that a Committee comprising of Shri Duryodhan Bhapkar, VP as Chairman and all other Elected Members will study the Model Business Regulations and submit their

recommendation to the Board within next seven days and the recommendation o f the Committee be forwarded to the higher authority, as the matter has been already

delayed and necessary documents in this regard has already been circulated.

4. CONCESSION IN COLLECTION OF VEHICLE ENTRY FEE.

To consider letter dated 30 April 2020 received from the Vice-President, Cantonment Board, Kirkee and 06 other Elected Members regarding consideration of the application dated 29 April 2020 of M/s Solapur Constructions & Fabrication Pvt. Ltd;

the contractor for collection of Licence Fee on Entry of Vehicles passing through the local limits of Kirkee Cantonment area.

As per the above letter of the Vice-President, Cantonment Board, Kirkee, the

contractor has submitted an application for compensation/concession in weekly

payments due to emergence of epidemic disease COVID-19.

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In this regard the contractor has stopped weekly payments from second week of March 2020 and also stopped collection of Vehicle Entry Fees from 22 March 2020. The

Contractor has submitted letters dated 24 March 2020; 06 April 2020; 18 April 2020 & 19 April 2020 requesting for Waiver and compensation in weekly payments in respect of

collection of vehicle entry fee for the year 2020-2021 due to emergence of COVID-19. Further, this office has replied in detail to the contractor vide letter no. 7/4/VEF Corrs/P-117 dated 24 April 2020 pertaining to all the above 04 letters of the contractor.

Subsequently, the contractor vide his letter no. 6/VEF dated 29 April 2020

submitted his reply to this office letter dated 24 April 2020 , which has been referred by the Vice-President and 06 other Elected Members, KCB in their letter of 30 April 2020. The above letter of the Contractor has been replied by this office vide letter no. 7/4/VEF

Corrs/P-135 dated 05 May 2020.

Further, the contractor vide letter no. 7/VEF/2020 dated 02 May 2020 again submitted for Waiver and compensation in the weekly payments , the same has been replied vide 7/4/VEF Corrs/P-136 dated 06 May 2020. Also, it has been informed vide

this office letters no. 7/4/VLF/P-140 dated 20 May 2020; 7/4/VLF/P-142 dated 22 May 2020 and 7/4/VLF/P-147 dated 23 May 2020 that the check post for collection of vehicle

entry fees are non-operative till date since 22 March 2020. The contractor has once again submitted his letter no. 8/VEF/2020 dated 21 May 2020, which has been replied vide this office letter no. 7/4/VLF/P-147 dated 23 May 2020

It has been replied to the contractor that his letters are devoid of merit, baseless

and unilateral actions on his part. Further, as per para 42 & 25 of the Contract Agreement of the Contract dated 08 Nov. 2019:-

PARA 42

“During the period of contract of one year, the Contractor shall remit cheques as mentioned in clause no.4 of this agreement irrespective of the amount of Vehicle Licence Fee collected on vehicles. No concession or

deferment of payment of the said amount shall be permissible on any account including shortfall in collections due to strike, bandh, natural calamity, diversion

of traffic etc. During any week, advance payments shall be made on Monday or next working day if any Monday happens to be a holiday. If the Contractor fails to pay the installment for a week so specified, 2% interest per month on the amount

due will be imposed as a penalty payable to the Cantonment Board along with weekly installment. If the Contractor is found to be in default continuously for two

weeks, contract will summarily be terminated without any notice and Security Deposit deposited by the Contractor will be forfeited and the work shall be executed at the risk and cost of the Contractor.”

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PARA 25

“The Cantonment Board will not entertain any request from the Contractor to grant any concession during the period of contract on any ground or for any

reasons of whatsoever nature.”

It is clear and evident from the above conditions of the Contract Agreement that

even during strike, bandh, natural calamity; etc the collection of the Fees cannot be stopped and waived off. Hence such correspondences of unilateral stoppage of

collection of Fees and in turn non-payment of weekly instalments are totally baseless and unacceptable. The above correspondences of the contractor are misleading and inappropriate. An amount of Rs. 2,77,26,975/- (Rs.30,80,775/- for 09 weeks) is due for

payment from the contractor towards collection of vehicle entry fees i.e from 16 March 2020 to 18 May 2020.

In this regard the correspondences along with other relevant documents are placed on the table for further consideration in the matter.

4. Considered the matter in detail. CEO informed the Board that the Contractor for

Collection of Vehicle Entry Fee, namely, M/s. Solapur Constructions & Fabrication Pvt

Ltd have written several letters for waiver in weekly payment from 09/3/2020 to 21/03/2020 at 75% per week and for compensation from 23/03/2020 onwards due to

emergence of epidemic disease and various Govt precautionary measures. In his first letter dated 24/03/2020, the contractor intimated that the Vehicle Entry Booths were closed on the Midnight of 21/03/2020 due to Janata Curfew imposed by the

Government. Later the Contractor requested for waiver and compensation in weekly payments due to imposition of Section 144 by the Collector and also as the National

Highway of India have announced temporary suspension of collection of toll. CEO referred to the office letter No. 7/4/VEF Corrs/P-117 dated 24 April 2020 addressed to the Contractor, a major portion of which is reiterated below :

“ Your letter no. Nil dated 24 March 2020 is devoid of merit, in this regard kindly

refer Para 42 & 25 of the Contract Agreement which reads as under:- PARA 42

“During the period of contract of one year, the Contractor shall remit cheques as mentioned in clause no.4 of this agreement irrespective of the

amount of Vehicle Licence Fee collected on vehicles. No concession or deferment of payment of the said amount shall be permissible on any account including shortfall in collections due to strike, bandh, natural calamity, diversion

of traffic etc. During any week, advance payments shall be made on Monday or next working day if any Monday happens to be a holiday. If the Contractor fails to pay the installment for a week so specified, 2% interest per month on the amount

due will be imposed as a penalty payable to the Cantonment Board along with weekly installment.

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If the Contractor is found to be in default continuously for two weeks, contract will summarily be terminated without any notice and Security Deposit

deposited by the Contractor will be forfeited and the work shall be executed at the risk and cost of the Contractor.”

PARA 25

“The Cantonment Board will not entertain any request from the Contractor to grant any concession during the period of contract on any ground or for any

reasons of whatsoever nature.”

It is clear and evident from the above conditions of the Contract Agreement that even during strike, bandh, natural calamity, etc the collection of

the Fees cannot be stopped and waived off. Hence such correspondences of unilateral stoppage of collection of Fees and in turn payment of weekly instalments are totally baseless and unacceptable. This clearly shows that the

above correspondences are misleading and inappropriate. Indulgence in such correspondences is not all appreciated and accepted. Further, you have informed

this office on 24 March 2020 after the Janata Curfew on 22 March 2020 with baseless reasons and request has been not found in accordance with Contract Agreement and you and your firm are well conversant with these facts.

After thoroughly examining your letter no. Nil dated 06 April 2020 , no

merit Has been found in your request. Your attention is once again invited to the Paras 42 & Para 25 of the Contract Agreement and accordingly your letter stands to be disposed off. Further your claim for waiver of weekly payment of the Fees

from 09 March 2020 to 21 March 2020 is totally baseless and an afterthought as no correspondence in this regard was ever been received by this office earlier to

the above letter.

Regarding the letter no. nil dated 18 April 2020, it is once again clarified

that the orders referred by you in your letter clearly pertains to National Highway Authority of India (NHAI). Whereas the collection of Vehicle Entry Fee for Khadki

Cantonment Board is governed by the Terms & Conditions as laid down in the Contract Agreement referred above. It is sorry to state that all the activities are being done unilaterally from your end without any consultation from this office as

well as in contravention to the terms & condition laid down in the Contract Agreement. Further, you have been informed by the concerned officials of this

office that the collection of the Fees will be governed by the Contract Agreement and any unilateral action on your part for discontinuation of collection of the Fees is totally baseless and devoid of merits.

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While considering your letter no nil dated 19 April 2020 this is to inform you that this office or any of its officials have never stopped you from collecting

the Fess within the limits of Kirkee Cantonment Board nor made in correspondence to do so. The entire action of discontinuation of collection of the

Fees has been done by you arbitrarily and unilaterally without following the terms & conditions of the Contract Agreement. Hence this is to inform you that the reasons for non-collection / discontinuation of the Fees are baseless and

unacceptable.

CEO also further referred to the office letter No. 7/4/VEF Corrs/P-135 dated 05 May 2020 addressed to the Contractor, a major portion of which is reiterated below :

As informed earlier the action of suspension of Collection of Vehicle Entry

Fee (VEF) is totally baseless, erratic, incorrect, unilateral, unacceptable and beyond the Terms and Conditions of the Contract Agreement dated 08 Nov. 2019 executed between you and Kirkee Cantonment Board for the subject contract.

The incidence of shut down of Schools, Colleges and Educational Institutions

affecting the collection of the Fees was an afterthought and brought on record in the letter of 06 April 2020.

The collection of Fees was never stopped by the Cantonment Board it was an act which can be termed as unilateral as you were well aware of the fact that your

collection may not be as lucrative as in the normal circumstances, so knowingly you conveniently chose to shut down the collection of the fees without even bothering to consult the Cantonment Board the other part of the Contract Agreement and trying

to transfer the entire financial burden due to stoppage of collection of fees on the Cantonment Board, Kirkee. Further, neither there is any correspondence received

from the police authorities regarding any orders for discontinuation of the collection of Vehicle Entry Fees nor any such correspondence from your side showing that you have made any such representation for the same. Further as per Section 144

(crpc), it is banned for assembly of more than 5 persons in a particular location, whereas hypothetically you were free to operate the collection of the fees with less

than five employees at a particular location. This office had never issued any orders for stopping you or suspending the collection of collection of fees. It may be noted that during any contract the Contract Documents and Agreement is binding on both

the parties executing the same. And everything is strictly as per the Agreement.

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Again, knowing well that it was financially not beneficial to operate during lockdown period you opted for closing the collection of Fees on the pretext of

Government orders. In fact, the orders does not specify any such suspension of collection of vehicle entry fees with due observance of social distancing and none of

the collection centre would require the services of more staff than that as stipulated in the orders of Police authorities. It may be noted that during any contract the Contract Documents and Agreement is binding on both the parties executing the

same. And everything is strictly as per the Agreement.

The point of the Government Order referred is totally irrelevant in the present context. In fact the basic contention of the order is any legal proceedings against the lockdown order issued by the Government and nothing to do with the collection of

fees or any legal issues pertaining to the same. As explained earlier as per Section 144 (crpc), it is banned for assembly of more than 5 persons in a particular location,

whereas hypothetically you were free to operate the collection of the fees with less than five employees at a particular location.

It is once again informed that no such letter of 23 March 2020 has been received in the office of the Cantonment Board, Kirkee. The same be submitted for further consideration and issuance of comments.

Again extension of lockdown till 03 May 2020 by Government of India has no

separate relevance as it was in the first lockdown period. As submitted earlier you had unilaterally suspended the act of collection of fees totally in violation of the Contract Agreement. Also, you have already enjoyed the liberty of suspending the

collection of fees and now you are informing the action taken by you which is beyond the contract agreement executed between you and the Board.

It is reaffirmed that your claim is baseless, erratic, incorrect, unilateral,

unacceptable and beyond terms and conditions of the Contract Agreement dated 08

Nov. 2019. In this regard the clause no. 24 refers to diversion of the traffic and that too the same should be for more than 06 hours. But in present case it is not the

matter of diversion of the traffic on any other route away from the Cantonment limits. Further, the case needs to be presented before the President, Cantonment Board but not for unilaterally suspension of collection of the fees without any consultation

with other part of the Agreement. The matter of NHAI for stoppage of the collection of the toll is wrongly and baselessly being linked with the diversion of the traffic of

the agreement. You have arbitrarily discontinued the collection of fees and further after enjoyment of Janata lockdown of 22 March 2020 you are representing your action, how can the affect be accepted of the past action.

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It is incorrect to read the legal documents in bits & pieces, every word has its own relevance and meaning where it is used, mere reading of a word in any part of

the documents in connection with some other context is totally misleading and incorrect interpretation. It is crystal clear that any action of waiver or suspension of

collection of fees is strictly as per the Contract Agreement executed between you and this office and nothing beyond the terms and conditions stipulated therein shall be accepted by either of us.

It is again clarified that suspension of collection of fees was totally unilateral

and intentional. It was just an information on your part of suspension of collection of fees, had you been so serious you would discussed the matter with the undersigned immediately, but you chose to suspend the collection of fees because that suited

you more.

Again the matter is being diverted and the Contract Agreement is being read in isolation and not in toto. It was in your interest to discontinue the collection of fees and you did the same without any prior consultation from this office. At this point of

time putting up irrelevant questions for answers shows the casual approach on your part for such an important issue resulting into loss of almost an amount of Rs.

2,19,96,737/- till date for non-collection of the fees. It is regretted to note that suspension of collection fees was done unilaterally and arbitrarily beyond the terms of the Contract Agreement then on what ground the permission / correspondence is

required for collecting the of fees is awaited. The Contract Agreement does not state that the Cantonment Board of this office is duty bound to make any

correspondences with the Police Authorities or any such authority. Further, you are well aware of the fact that the Cantonment Board or the office is not duty bound to act beyond the terms and conditions of the Contract Agreement mutually agreed

upon by both the parties before the commencement of the Contract.

It is totally baseless and incorrect allegations that Kirkee Cantonment Board does not abide itself with the orders of Central as well as State Government authorities in word and spirit. In fact it is for you to follow the orders of the concerned

authorities in true spirit and not that benefits you as an individual and putting the interest of the Nation as secondary. It may be noted that any commitment from the

Cantonment Board or the office is purely as per the Contract Agreement, nothing is expected beyond the Agreement from the parties.

It is stated that no legitimate claim shall be denied by Kirkee Cantonment Board. You may be assured that all the valid and legal claims within the frame work

of the Contract Agreement and Government Orders shall be taken care of.

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It is duty of Kirkee Cantonment Board as a Local Body to obey all the orders issued by Government or any Competent Authority and similarly make other similar

institutions within its limits to be aware of such orders. But again it is clearly understood that 02 separate issues are being mixed and purposefully being

misinterpreted as personnel interest. It is not understood that you being one of party to the Agreement it is expected from you and this office strictly as per the same, it is not understood that why a separate order is required for starting of the collection of

fees when no such order was issued by this office for suspension of collection of fees.

It is again a sorry state of affairs that an irrelevant Section of Cantonments

Act, 2006 is being quoted and the same has no connections with the Contract

Agreement governing the working of the Collection of the Fees. It is once again stated that the Cantonment Board/office and the contractor are bound by the

Agreement. Hence all the action by both the parties shall be regulated by the said Agreement only. Any correspondence beyond the Agreement is binding on either party.

It is regretted to note that no legitimate claim has been brought forward in any

of the correspondences being referred till date. In fact it is your firm and your actions which are responsible for the loss of Rs.2,19,96,737/- which Kirkee Cantonment Board is facing during the recent pandemic situation, which needs to be recovered

from the defaulting agency. The matter is being totally diverted as per your requirement whereas both the parties are duty bound to act as well as react strictly

as per the Agreement only.

Again, this is to inform you that this office or any of its officials have never

stopped you from collecting the Fess within the limits of Kirkee Cantonment Board nor made any correspondence to do so. The entire action of discontinuation of

collection of the Fees has been done by you arbitrarily and unilaterally without following the terms & conditions of the Contract Agreement. This office is not at all liable to approach the Police authorities for your purpose. As mentioned above

neither there is any correspondence received from the police authorities regarding any orders for discontinuation of the collection of Vehicle Entry Fees neither any

such correspondence from your side showing that you have made any such representation for the same. Just stating that the Police Authorities had stopped from collecting the fees is just arbitrary without any substantial evidence in this

regard has ever been submitted to this office neither by you nor from the Police Authorities.

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CEO further informed the Board that collection of Vehicle Entry Fee is governed by the terms & conditions as laid down in the Contract Agreement. The matter of NHAI

for stoppage of the collection of toll is wrongly and baselessly being linked with the diversion of the traffic of the agreement. Further, as per Section 144 (crpc), it is banned

for assembly of more than five persons in a particular location and that the contractor was free to operate the collection of the fees with less than five employees at a particular location.

The Contractor had endorsed a copy of his letter dated 29/04/2020 to the Vice President and all Elected Members for waiver and compensation in weekly payments till the lockdown is lifted. The Vice President and other Elected Members, namely, Shri

S.L.Kamble, Shri Kamlesh Chaskar, Shri Manish Anand, Smt.Pooja Anand, Ms.Kartiki Hiwarkar and Shri Abhay Sawant had vide their letter dated 30/04/2020 requested that

the application of the Contractor be referred to the Board for consideration. CEO informed the Board that any action of waiver or suspension of collection of fees should be strictly as per the Contract Agreement executed between the Board and the

Contractor and as per the Contract Agreement, there is no such provision for waiver or compensation in the opinion of the CEO.

CEO also brought to the notice of the Board that the Contractor has not

deposited the three installments of March 2020 as well as four installments of April 2020 of the Fees amounting to Rs. 1,88,54,346/- . Four installments of May 2020 amounting

to Rs. 1,25,69,564/- is also due which has not been deposited in the Bank. As per Rule 204(2) of CBAR 2020, “ Licence fees which have been ascertained to be irrecoverable may be written off by the Board - Provided that where the sum written off in favour of

any one person exceeds five thousand rupees, the sanction of the Board shall be first obtained, after obtaining final audit report from Principal Controller of Defence Accounts.

Provided further that where the sum written off in favour of any one person exceeds twenty-five thousand rupees, the sanction of the General Officer Commanding-in-Chief, the Command shall be first obtained, after obtaining final audit from Principal Controller

of Defence Accounts.”

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CEO also apprised to the Board, that the Contractor has also been asked to provide CCTV Footage of each and every Vehicle Entry Collection Booth from

22/03/2020 till date which is awaited. CEO further brought to the notice of the Board that the Contractor has sent a letter dated 28/05/2020 through mail at 11 pm, i.e. just

before the Board meeting which was scheduled on 29/05/2020 without giving any time for the office to react. It is seen from the said letter of the Contractor that according to the oral instructions of the CEO, contractor is resuming the service w.e.f 29/05/2020

from 7am. CEO expressed his displeasure that instead of oral instruction; written instructions ; have been given from time to time to make Vehicle Entry Collection

Booths operational. CEO also expressed his view that the Contractor has decided at his own level taking the plea of lockdown and due to reduction in timing for collection, a proportionate amount will be paid by the contractor. Thus the Contractor is imposing his

decision on the Board. CEO also stated that how the contractor will calculate the proportionate amount? CEO also informed the Board that the contractor had agreed to

resume the services surprisingly on the next day after presumably knowing this fact that the Cantonment staff has carried out a survey regarding movement of commercial vehicles through Cantonment limits. CEO further stated that during the entire lockdown

period, no efforts on the part of the contractor has been made for collection of the Vehicle Entry Fees nor any correspondence made by the contractor with the Police

authorities, NHAI authorities or the State Government. Rather, the contractor chosen to write letters to the Board, putting the onus of the loss entirely on Kirkee Canto nment Board. CEO stated that as per his knowledge, no compensation has been announced

by any Central/State Government / any other Competent Authority.

CEO tried to explain that the Board may not indulge in any decision which resultant in to gross revenue loss to the Board. He also suggested to revise the rates of Vehicle Entry Fee in the interest of the Board. Board members expressed their view

that the rates have been revised in the previous years. CEO again explained that the current year is a new financial year and the fees under Section 67 (e),may be again

revised hence there is no bar in revision of the Vehicle Entry Fee. However, in past it has been observed that the Board vide CBR No. 27 dated 05/06/2014 revised the same under section 66 considering it as a tax after a period of five years which was even

observed by the Audit Authorities, having given their remark that the Board had a revenue loss of Rs. 18 Crores (aaprox.).

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Shri S.L.Kamble, Member stated to refer Clause 24 of the Contract Agreement wherein if the traffic is forcibly diverted on account of any diversion by Police or

Cantonment authorities or natural calamities, immediate written intimation be given to CEO. If the interruption last for more than 6 hours, a survey will be carried out by the

Board’s representative and the matter may be referred to President Cantonment Board for grant of concession and in that case the decision taken by the PCB shall be final and binding on the contractor. He also informed the Board to refer Clause 22 of the

Contract Agreement wherein the Board can delete or add or amend any more conditions for proper execution of the contract as and when required. In this regard, he

requested the Board to consider the above two clauses while deciding the matter and if required, the Board can add a new clause regarding the current pandemic

PCB expressed his displeasure on the way the contractor has made several correspondences and the language being used in his letters. He made it clear that such

type of language will not be tolerated. He also made it very clear that CEO, being Government Official, will have to reply to each correspondence being made by the Contractor replying to all the points raised by them. PCB also wanted to know that what

actions are being taken by the other Cantonment Boards. It was informed that as on date in Dehuroad Cantonment, the Toll is being run at their own level. Shri Manish

Anand clarified that Dehuroad Cantonment had terminated the contract and from 27th May 2020, they are running on their own. As regards, Ahmednagar Cantt, the Cantonment Board claimed Rs. 50,18,250/- which was recovered from the Security

Deposit of the Contractor. Shri Manish Anand further clarified that the matter is under litigation.

CEO advised the Board that decision of the Board should be in accordance with Law. If Board thinks fit to obtain legal advice, then Board may also take point-wise legal

advice.

The Vice President stated that the case be referred to the higher authority for decision. After detailed deliberation, it was resolved that the issue be given a second thought and put up before the Board in next few days for taking appropriate decision.

The elected members also informed that additional Vehicle Entry Booths be added wherever found necessary. In this regard, it is resolved that detail of additional booths may be placed in the next Board meeting. It was finally resolved by the Board

that the Vehicle Entry Collection Booths must be operational and decision regarding waiver will be taken up in the next Board meeting.

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5. BUILDING APPLICATIONS FOR ADDITION / ALTERATIONS IN GLR SY. NO.

268-G, SYMBIOSIS INSTITUTE OF MANAGEMENT STUDIES (SIMS) IN KIRKEE

CANTONMENT.

To consider bui lding notice dated 17 Feb. 2018 received from Symbiosis Institute of Management Studies (SIMS) on GLR Sy. No. 268-G, Kirkee.

The details of the building plans proposed by the Principal Director, Symbiosis Pune for SIMS are as under:-

S. No.

Brief Description Area (in sqft) Area (in sqm)

1 Area of the plot 4 Acres

(174240) 16187.426

2 Permissible FSI (as per orders of MOD No. 10(75)/2001-D (Q&C) dated 13/09/2001)

1.1286 1.1286

3 Permissible Built up area 196647.26 18269.130

4 Built up area already sanctioned vide CBR

No. 47 dated 31/05/2006 193475.36 17974.449

5 Existing built up area (built up area less not

constructed on site) 172002.90 15979.592

6 Area proposed for demolition (Guest House) 3922.77 364.437

7 Proposed built up area 21640.62 2010.479

8 Total proposed built up area (S. No 5 – 6 +

7) 189720.75 17625.634

9 Proposed FSI (S. No. 8 / 1) 1.089 1.089

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The building Plans submitted are confirming with the prevailing Building Bye-Laws and permissible FSI restrictions. Accordingly, the same were forwarded to the

Defence Estates Office, Pune vide letter no. Sy. No. 268-G/SIMS/P-68 dated 22 March 2018 for seeking No Objection Certificate u/s 238 (3) of the Cantonments Act, 2006

from land point of view and required consent of the GOC-in-C, Southern Command, Pune under condition I (5) & I(6) of the Lease Agreement for the proposed additions and alterations.

The matter was forwarded by the DEO, Pune vide letter no.

I/SIMS/CAMPUS/KIRKEE/III/72 dated 03 April 2018 to the Principal Director, Defence Estates, Southern Command. The PDDE, SC vide letter no. 18376/DE/SC/L/Kirkee/III dated 01 May 2018 had advised the CEO & DEO for submission of certificates of FSI

calculation. The same was submitted vide this office letter no. Sy. No. 268-G/SIMS/P-76 dated 28 May 2018. The DEO, Pune vide his letter no. I/SIMS/CAMPUS/KIRKEE/IV/13

dated 05 June 2018 had requested this office for reconsideration of the FSI statement which was not in conformity with their correspondences. It was informed by this office vide letter no. Sy. No. 268-G/SIMS/P-76 dated 28 May 2018 that DEO, Pune vide letter

no. I/SIMS/CAMPUS/KIRKEE/III/62 dated 23 Oct. 2013 desired not to sanction building plan at that time unless lessee removes the unauthorized mobile tower; hence the

statement submitted remains unchanged. Accordingly, PDDE, SC vide letter no. 18376/DE/SC/L/Kirkee/III dated 16 Nov.

2018 instructed for site inspection jointly with DEO, Pune. Joint site inspection was undertaken by the staff of DEO, Pune and the Cantonment Board on 03 Dec. 2018.

During site inspection it was observed that the above mentioned mobile tower was removed in 2013, hence there was no change of purpose, no sub-division of site and no encroachment; but unauthorized structures of 264.50 sq.mtrs were observed. The same

was informed by DEO,Pune to PDDE,SC vide letter no. I/SIMS/CAMPUS/KIRKEE/III/36 dated 28 Jan. 2019. Accordingly, PDDE, SC vide letter no. 18376/DE/SC/L/Kirkee/III

dated 14 March 2019 instructed to initiate action for removal of the said unauthorized construction.

DEO, Pune vide letter no. I/SIMS/CAMPUS/KIRKEE/IV/39 dated 05 April 2019 directed SIMS for removal of the unauthorized construction. In reply SIMS authorities

vide letter no. 226/O/19 dated 16 April 2019 informed that all the unauthorized constructions have been removed from the site. The site was jointly inspected by the staff of DEO, Pune and the Cantonment Board, Kirkee on 23 May 2019 and observed

that the above mentioned unauthorized structures were removed by the lessee. The same was informed by the DEO, Pune vide letter no. I/SIMS/CAMPUS/KIRKEE/IV/45

dated 25 June 2019 to PDDE, SC. The same was confirmed by this office to PDDE, SC vide letter no. Sy. No. 268-G/SIMS/P-102 dated 14 Aug. 2019.

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Now, PDDE, SC vide letter no. 18376/DE/SC/L/Kirkee/III dated 27 Jan. 2020 have forwarded a copy of letter no. 201817/55/Symbiosis/Pune/Q(L) dated 10 Dec.

2019 of Hqrs Southern Command, Pune for placing the proposed building plans the Cantonment Board and submission of the Board resolution for re-submission of the

building plans. The building plans submitted are conforming to the prevailing building bye-laws and FSI restrictions as per orders of MOD No. 10(75)/2001-D (Q&C) dated 13/09/2001. The proposed construction is with part basement parking (partly below

ground level), which as per prevailing building bye-laws has no mention for basement parking. Total number of stories proposed is basement plus 04, whereas as per the

letter of MOD is stilt + ground + third. Total height of the proposed building is 14.55 mtr (for lift machine room it is 19.70 mtr) as against permissible 18 mtr. Applicant has to submit the undertaking of conforming to the norms of National Building Code, fire

safety, earth quake safety, etc. The Guest House proposed for demolition, has been sanctioned vide CBR No. 16 dated 10 Dec. 2001.

In this connection the letters along with other relevant papers are placed on

table for consideration.

5. Considered and resolved to forward the Building Plan submitted by the Principal

Director, SIMS on GLR Sy.No.268-G, Kirkee for the proposed demolition of the Guest House and construction of a building consisting of basement plus four storey, to the Competent Authority for seeking consent/Approval under condition I(5)&(6) of the Lease

Agreement for the proposed addition & alteration. However, Board feels that the matter regarding the proposed construction of part basement parking (partly below ground

level) although it is not as per bui lding bye-laws, may be considered by the Competent Authority if, he thinks fit. Further, resolved that the Building Plans will be sanctioned by the Board on receipt of the consent/approval of the Competent Authority.

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General Discussion:

I. The following points were discussed at the time of consideration of Budget 2020-

21 (Revised) and 2021-22 (Original):

Shri Manish Anand, Member stated that a proposal for underground drainage

scheme for Bungalow area should also include Army Qtrs as in Bungalow area, apart

from bungalows, there are number of Army Quarters which do not have underground drainage facility. The PCB directed GE(C) to liaison with Kirkee Cantonment Board

authorities during the designing and estimation stage. Regarding the work proposed for Extension of Maternity Ward in Dr. Babasaheb

Ambedkar Cantonment General Hospital, Ms. Kartiki Hiwarkar, Member stated that full time Gynecologist, Anesthetist & Pediatrician needs to be in place for smooth

functioning of Maternity Ward. CEO informed the Board that as per Rule 87 of the CBAR 2020, no contractual staff can be engaged directly by the office without obtaining sanction of the GOC-in-C following due process of law. The posts which are not

sanctioned by the Competent Authority cannot be filled up, either on contract basis or permanently, directly by the CEO. The Board considered the matter and resolved that

the proposed work may be got included in the Budget. However, a consolidated list may be prepared by the office of the posts to be created or vacant posts to be fi lled up and proposal be forwarded to the higher authority for seeking sanction after approval of the

Board.

The Vice President informed the Board that in the Municipal Corporation, the Ward Members are being allotted with some amount for the development of their wards. He stated that in similar way, each ward member may be allotted around Rs.10-15

lakhs to carry out small works in their ward after direct approval of the Board. PCB informed the Board that a Draft Proposal be put up by the members for Ward

Development Fund before the Board for further decision in the matter. Ms. Kartiki Hiwarkar, Member requested that the Gardens in her ward needs

repair and that the Board should carry out the repair works. CEO informed the Board that the Gardens in Range Hills area are the property of the AFK and hence Board

should not be financially burdened. The members debated that Cantonment Board is receiving Service Charges from AFK and hence Board should maintain the Gardens. CEO informed the Board that the percentage of Service Charges being received from

AFK is 33.3 % which do not include execution of such works.

CEO informed the Board that approx. Rs.2.5 crores is due from AFK towards street light charges which is pending since last 4-5 years. AFK authorities have been approached for payment.

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Shri Duryodhan Bhapkar, VP informed that Board that there is no proper place for the patients relatives in the Hospital and stated that a proper Rest Room be made

where the relatives of the patients can relax. Shri Abhay Sawant, Member requested the Board to construct a proper dining hall for the staff in the Cantonment Board office

as the staff does not have proper place for having lunch. The Board agreed to the proposal of the VP and Shri Sawant and resolved to be added in the original work.

CEO brought to the notice of the Board some small errors in the CBAR 2020 such as Presentation of Budget by the CEO to the Board is 15 th May and the said

Budget should incorporate particulars of all items of receipts and expenditure upto 30 th day of June which seems to be incorrect.

Regarding purchase of Utility Vehicle for outdoor staff, the Board resolved to purchase Tata Sumo/Balero Vehicle for the staff.

Regarding replacement of old Water Tankers, Shri Duryodhan Bhapkar, VP stated to get the cost analysis of the old Water Tankers, i.e the maintenance cost on the

vehicles since its purchase.

Regarding Round-the-Clock Security, VP informed the Board that the Security Guard through Maharashtra State Security Corporation with special powers are not required everywhere and that apart from Hospital, rest of the location, security staff be

engaged through private contractor, which was agreed to by the Board.

Shri S.L.Kamble, Member informed the Board that some of the old vehicles required to be condemned. PCB stated that matter may be pursued with the Station Workshop for obtaining BER Certificates for these vehicles.

Smt.Pooja M.Anand, Member, raised the issue of cleaning of Water Hyacinth in

Mula River. She informed the Board that it was decided to tie up with PCMC for cleaning the water hyacinth. However, the work is not carried out and that the hyacinth has to be removed before start of monsoon. HS/GS informed the Board that he has

been in touch with the authorities of the PCMC and that three labours were deputed from Cantonment Board for a period of one month in April 2020. After pursuing with the

PCMC authorities, they have deputed 2-5 labours for clearing the Hyacinth. Shri Manish Anand stated that Board need to depute more labours to clear the river before monsoon. Board resolved that additional labours may be deputed to carry out the work

and that the work be got done within next 8-10 days. Shri S.L.Kamble, Member informed the Board that the water hyacinth in the river near Sai Baba Mandir may also

be cleaned, which was agreed to. Regarding the monthly consumption of the use of Petrol & Diesel for Board’s

vehicles, Shri Bhapkar, VP stated that comparison of the use of Petrol & Diesel for the last 3-4 years be analyzed. 18

The matter regarding fallen trees was discussed. Shri Manish Anand, Member informed the Board that the logs of the fallen trees are not disposed of by the DEO

office many times. CEO stated that the Cantonment Board can dispose off the logs and intimate to the DEO office. Shri S.L.Kamble, Member stated that a survey be carried out

by the staff of the trees which are about to fall and dangerous to human and forward the list to the DEO for conducting auction, which was agreed to by the Board. Regarding trees in the Civil Area, details be placed before PCB for approval and action.

Shri Manish Anand, member informed the Board that Rs. 5 lakhs is being kept

with Maharashtra Pollution Control Board as Security Deposit. The MPCB may be asked to refund the said amount.

Shri Manish Anand, Member, suggested that the main body of the condemned vehicles can be used for converting the same into Mobile Toilets. Board resolved to

check the feasibility of reusing the condemned vehicles. Shri Kamlesh Chaskar, Member raised the issue that some Medical Shops are

not issued licence by the Board for running their business. It was informed by the CEE that these Medical Shops are either on unauthorized structure or the lease is not for the

Commercial purpose and hence license cannot be granted. It was resolved that PCB will visit the sites.

Shri S.L.Kamble informed the Board that the matter regarding issue of Trade License be put up before the Civil Area Committee at the earliest as it has already got

delayed due to Covid Lockdown. Board resolved tha t the process of issue of Trade License be started by the concerned section on priority.

Ms. Kartiki Hiwarkar, member, informed the Board that the issue of 24x7 Medical Shop inside the Hospital premises was discussed in the Board earlier and she desired

to know the feasibility of opening a Medical Shop inside the Hospital premises as the patients find it difficult to get medicines during odd hours, especially during night. RMO informed the Board that Medical Shop cannot be allowed inside the Hospital premises

as FDA License will have to be on the name of Kirkee Cantonment Board and 24 Hours Pharmacist wi ll be required. The elected members suggested that the Medical Shop be

given on contract. Board resolved that RMO will check the feasibility of having a Medical Shop inside the Hospital premises and put up his report to the CEO.

Ms. Kartiki Hiwarkar, Member raised the issue of transfer of some shops in her

ward (Range Hills) which are lying unutilized and can be put for re-auction. Board resolved that the office will prepare a list of all such shops/stalls which are lying unutilized in the Cantonment area and place the matter before the Civil Area

Committee. 19

Elected Members stated that the school uniforms be disbursed to the students before 15th August 2020, which was agreed to. Further, it was also resolved that tender

procedure should be followed for procurement of Goods/items for consistency and availability of material in time.

Shri S.L.Kamble, Member informed the Board that Medical Assistance of Rs.10,000/- provided to the residents of Kirkee who come from financially weaker

section of the society, be raised to Rs.15000/-. He also stated that among the other ailments for which medical assistance is provided, ‘Covid’ may also be included. He

further stated that the provision of Rs.1,50,000/- made in the Budget be increased to Rs.10 lakhs. The Board discussed the matter and resolved that the medical assistance amount be increased to Rs.12,000/- per individual and provision of Rs.10 lakhs be

made in the Budget.

Shri Manish Anand, Member, informed the Board that registration of Private Hospitals in Kirkee Cantonment area need to be done so that these doctors can be utilized by the Board during the Covid pandemic and also for disposal of Bio-medical

wastes. The Health Staff will survey and prepare a list of such private clinics/hospital in Kirkee Cantonment area and put up to the CEO.

Shri Manish Anand, Member, requested the Board to allow the Vegetable sellers who sell the vegetables on their hand carts to carry out their business in Vegetable

Market by maintaining social distancing norms and by taking all other precautions. He stated that there are around 240 Vegetable Sellers and the Board can allow them to

carry out their business in rotation (60 per day). Shri S.L.Kamble also requested that Wholesale activities be also stated on the open plot of GLR Sy. No.108-A. PCB desired that they put up their proposal for the Board to take appropriate decision.

Smt.Pooja Anand, Member informed the Board that Tata Company is ready to

donate around 100 PPE Kits and 240 Eggs daily. The good gesture of the Tata Co be placed on record.

Shri Manish Anand, Member, requested the Board that when Board is allowing other shops to function, Wine Shop in Kirkee Cantt area may also be allowed to run

their business as is being allowed in other parts of the District. It was resolved that after considering the rules and regulations along with various Govt. Orders on Containment Zones, the matter be considered.

The Board placed on record the sincere and dedicated work of RMO and his

team in fighting Covid. Board also placed on record the hard work of HS/GS and his sanitary staff. PCB appreciated the efforts put in by the Elected Members by way of bringing donors for various equipment required for fighting covid and food

packets/groceries being provided to the Kirkee Residents as also the Community Kitchen run by VP and Mohalla Clinics in the Civil Area by the concerned Ward

Members. 20

II. The Vice President and other Elected Members informed the Board that the work

of drainage should commence before start of monsoon. The Board resolved that the concerned contractor may be asked to complete the work on priority.

III. The Vice President stated that the issue regarding Civil Area Extension may be

placed before the Civil Area Committee for detailed discussion and recommendation, which was agreed to.

The Board ended with the recital of National Anthem.

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