agenda for 216th meeting of municipal corporation chandigarh · 2018-11-01 · dainik bhaskar...

Agenda for 216th meeting of

Municipal Corporation Chandigarh

Date : 19.02.2015

Time : 11.00 a.m.

Venue : Assembly Hall

Municipal Corporation New Deluxe Building, Sector -17E,

Chandigarh – 160017

AGENDA ITEM NO. 216.1

Subject: Confirmation of the minutes of 215th meeting of the General House held on

23.01.2015 at 11.00 a.m. in the Assembly Hall of the M.C., Chandigarh.


Subject: Budget estimate for the year 2015-2016.

Note:- Budget Estimate is being sent separately.


Subject: Estimate for the work of “Designing, Supplying, erection, testing and

commissioning of 5 ton per day capacity Bio methenation cum power

Generation plant to treat mix of segregate organic Municipal Solid waste at

Chandigarh using technology developed by BARC (Bhabha atomic Research

Centre), Mumbai.

The estimate cited as subject amounting to Rs. 100.00 lac was approved by the

General House of Municipal Corporation Chandigarh vide CMC o/o no. 80 dated 22.5.2014 under

head :-Deposit work of M.O.H. M.C Chandigarh.

Memorandum of understanding (MOU) is made on 27th day of November 2014

between Bhabha atomic Research Centre (BARC), Mumbai 400085, Government of India

(hereinafter called BARC which expression shall include its successors-in-interest and assigns) of

the one part

And

Municipal Corporation, Chandigarh, Deluxe Building, Jan Marg Sector-17E, Sector-

17, Chandigarh, 160017 (herein after called MCC which expression shall include its successors-

in-interest and assigns) of the second part.

As per MOU the financial terms & mode of payment as under:-

1. Funds of Rs. 87 Lacs (Rupees Eighty Seven Lac only) for construction of plant,

machineries subsystems, installation, O&M for the first year shall be provided by MCC to

BARC on signing of the MOU. Details of financial requirement are attached as annexure-

1.

2. BARC will retain 5% of the total money received as its consultancy charges & utilize the

balance amount towards execution of work.

3. O&M charges for the subsequent years are fixed at 6 lac per year with 10% increase every

year.

4. MCC shall pay O&M charges as specified in sr.no.3 to the identified O&M agency, on

quarterly basis, at the start of each quarter for operation and maintenance of the plant from

second year.

As per the MOU the financial terms & mode of payment amounting to 87.00

Lac for operation & mtc. charges is hereby placed before the Finance & Contract Committee of

Municipal Corporation for consideration & approval.

The funds shall be arranged by Municipal Corporation under “Deposit work of

M.O.H. of M.C Chandigarh”.

SE MCPH EE MCPH-2


Subject:- Providing, Installation, Testing and Commissioning of Parking Management

System in Multi Level Parking near Gurdev Studio, Sector 17 under M.C

Chandigarh.

(Amount Rs. 69.45 Lacs.)

The Municipal Corporation Chandigarh proposes to install Parking Management System in

the newly under construction Multi level Parking near Gurdev Studio in Sector 17, Chandigarh. There is

total space for 931 cars to park in one ground and three basement floors with two entry and exit points. The

automatic car parking system with boom barriers ticket dispensers has been proposed to regulate vehicular

movement and for the available space for cars in the parking with displaying number of cars already parked

has been proposed. Therefore, this estimate has been prepared as per site requirement for the convenience

of the general public using this parking. Accordingly this estimate amounting to Rs. 69.45 Lacs has been

framed for seeking administrative approval under Head “4217 (Plan) Electrification”.

The Scope of work involve:- (i) Paper Ticket Dispenser System with IP Controller for entry

– Bard Code (ii) Automatic Lane Barrier with Normal Arm of 3.5 Mtrs. Boom length (iii) POS machine

with cash drawer, customer pole display (iv) Thermal Paper Roll for Receipt Printer (v) Intelligent Vehicle

Counting System at entry/exist/at special zones (vi) Intelligent real time LED based Parking Guidance

Displays per level at entry point (vii) Parking Guidance System (viii) Parking Management System (ix)

Vehicle Detection & Safety Loops per Barrier (x) Manual Barrier Override Control Box with Switch (xi)

Thermal Paper Roll for Ticket Dispenser “60mmx80Mtrs.”. The scope of work taken in this estimate has

not been taken in already approved Major estimate of Construction of Multilevel Parking near Gurdev

Studio, Sector 17 amounting to Rs. 46.62 Crore.

The agenda item amounting to Rs. 69.45 lacs has been framed for seeking Administrative

Approval under the head 4217 (Plan) Electrification.

The agenda is placed before the General House of Corporation for its consideration and

decision please.

S.E. (B&R), E.E. (Elect.)

M.C. Chd. M.C. Chd.


Subject:- Car Bazaar.

In pursuant to orders issued by Learned Single Judge in CWP No. 26494 of 2013

and further orders of the Hon’ble Division Bench in L.P.A. No. 966 of 2014 in High Court, a policy

was framed by the Municipal Corporation, Chandigarh and placed in the Special meeting of the

General House of Municipal Corporation, Chandigarh held on 19.11.2014 at 11.00 a.m. The

House resolved that:-

“The House noted that a policy has to be framed for the old car bazaar as per the directions of Hon’ble High Court. The Hon’ble Court’s direction is to frame the policy preferably within 3 months.

It was felt that before finalizing this policy a wider public consultation is necessary. Therefore, it was decided to invite public objections/suggestions on the policy.

The House further noted that the present old car bazaar runs on every Sunday in the parking of Sector-7 Market on Madhya Marg. Since, the shops now remain open on Sunday also, it needs to be carefully seen whether such a car bazaar is to be allowed in the same parking area. Further, it was also decided to identify some alternative sites also.

Since, this exercise is likely to take more time, it was unanimously resolved to make a request before the Hon’ble High Court by way of filling an application for seeking extension of time for 3 months more.”

In Pursuant to the above resolution, a committee of the following was formed i.e.

Additional Commissioner-I, Additional Commissioner-II, Law Officer and OSD-II and a public

notice was issued on 24.12.2014 published in 03 leading news papers i.e. The Tribue (English),

Dainik Bhaskar (Hindi) and Jag Bani (Punjabi) inviting objections for the period from 24.12.2014

to 06.01.2015 (within two weeks).

In pursuant to the above public notice, objections have been received from one Sh.

Rajnish Jain and 10 from persons/traders having business in showrooms of Sector 7-C,

Chandigarh. It was also brought out that a CWP No.20875 of 2014 has been filed by Satpal Garg

Vs. Municipal Corporation, Chandigarh where the relief requested is considered as an objection

and shall be heard and all issues raised therein shall be examined.

The Committee issued notices to all such persons through the office of OSD-II to

appear before the Committee on 2.2.2015 at 3.00 PM in the office of Additional Commissioner-I

for hearing.

Following the hearing the minutes of the Committee were prepared and are placed

at Flag “A”. The minutes were put to the Commissioner and the Commissioner had made the

following observations on noting file:-

“The Committee should give its view regarding all the issues, which could be presented to the House. This should be done expeditiously. We are losing time.”

Therefore, the Committee again met on 6.2.205 at 3.00 PM in the office of Additional

Commissioner-I to discuss the issue as per the above directions. The minutes of the second

meeting are placed at Flag “B”. The Committee made following recommendations:-

Considering all the issues presented, the following options are available:-

a) Continue with the Car Bazaar, Sector 7 in its present form as per the draft policy with

the restriction on the number of vehicles that can be put up for sale being restricted to

50% of the parking capacity, with no such vehicle to be allowed to be parked except on

Sundays. For this, the Parking Branch shall have to evolve a suitable mechanism to

enforce the same.

b) Continue with the Car Bazaar at the present site for a period of one year as per the

draft policy and locate an alternative site where the Car Bazaar shall be shifted after a

period of one year, so that the second hand Car Bazaar dealers are able to gradually

shift their business to the alternative site.

c) Close the Car Bazaar immediately and shift it to the alternative site.

In case the option (b) & (c) are to be exercised, then the CEMC should locate a suitable

site where 1200-1500 cars can be parked, so that in addition to the second hand cars, the

customers and employees of dealers also can conveniently park their vehicles.

In case, the option (a) is to be exercised, then it shall be subject to the final outcome of

CWP No.20875 of 2014.

The three months’ period given by the Hon’ble High Court as extension is expiring on

28.02.2015.

The matter is placed before the House for consideration and decision please.

Additional Commissioner II Municipal Corporation, Chandigarh.


Subject: - To consider and to approve the amendments in the tender documents for

purchase of summer uniform articles for the year 2013-14 and 2014-15 and

winter uniform for the year 2013-15.

The General House of Municipal Corporation, Chandigarh in its 206th meeting held on

30.05.2014 and 210th meeting held on 25.09.2014 had approved the detailed terms and conditions and

expenditure for purchase of uniforms for the eligible officers/officials of Fire and Emergency Services, MC,

Chandigarh.

A pre-bid meeting was held on 30.12.2014 at 11.00 AM in the office of Chief Accounts

Officer, Municipal Corporation, Chandigarh in the presence of following:-

1) Chief Accounts Officer Member

2) Section Officer-II Member

3) SFO- MM Member

4) SFO-17 Member

5) SFO-32 Member

6) Sh. Harjinder Singh, Driver Member

President, Fire Brigade Workers Union. 7) Sh. Sachin Kumar, Fireman Member

President, Fire Brigade Workers Union 8) Representative of

M/s Kanav Enterprises, SCO No. 34, Village Badheri, Sector-41, Chandigarh.

Only one supplier attended the pre-bid meeting. The representative of M/s Kanav

Enterprises, SCO No. 34, Village Badheri, Sector-41, Chandigarh intimated that the terms and conditions

and specifications of the tender document for purchase of uniform articles are required to be amended and

gave the following suggestions:-

1. Specifications of shoes sizes and number of pairs of the particular size should be given by the department.

2. The specifications given against Sr. No. 14, 18, 22 & 24 in the consolidated form of requirements of tender documents should be as per sample instead of brand names as these are not branded items.

3. The representative of supplier has informed that the Duck Back Company has shut down its business and the technical specifications should be ISI marked in respect of Gum Boots Sr. No. 15 of tender documents.

4. The specifications against Sr. No. 26 of woolen jersey full sleeves should be as per sample on the following specifications:-

I. Size No. 40 : 400 gm (minimum) II. Size No. 42 : 425 gm (minimum)

III. Size No. 44 : 450 gm (minimum) IV. Size No. 46 : 475 gm (minimum)

5. The clause in the affidavit as per “Annexure B” of tender document should be amended deleting last lines i.e. “or any penalty has ever been levied due to delay of non completion of supply order by any State/UT/Central Government or by any authority,”

6. The cloth may be given to the eligible officers/officials of Fire & Emergency Services, MC, Chandigarh instead of stitched uniform.

If the above suggestions are considered and approved then following amendments have to be made in the terms and conditions of tender document.

7. It is proposed that the Stitching charges as proposed in the tender should not be part of the tender and cloth may be issued to the officials and stitching charges may be given separately to the officials. The stitching charges to be paid to the officials may be considered with 10% increase over and above the rates which were paid to the tenderer for stitching for uniform for the year 2010-11.

8. The clause no. 1 be deleted completely.

9. The clause no. 4 be deleted completely.

10. The Clause no. 11 may be deleted completely and read as follows:-

“The bidders shall supply the complete material within 90 days of the issue of supply order,”

11. The clause no. 22 be amended as “the tenderer should fill rate of each item in BOQ sheet and the L1 shall be determine whose over all cost is lowest.

12. The clause no. 29 is required to be amended as per scheduled below as the cloth for uniform has to been issued instead of stitched uniform.

Sr.

No.

Description of items as per BOQ Sheet Time limit

1 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,

19, 20,21,22,23,24,25,26,27,28,29,30

90 days from

the date of

order

M/s Kanav Enterprises, SCO No. 34, Village Badheri, Sector-41, Chandigarh has confirmed

that average requirement of cloth per set of summer and winter uniform is as under:-

Sr. No. Name of Article Technical specifications Cloth require for

one set (in

meters)

1 2 3 4

1 Khaki Terricot

Pants and Shirts

Reid and Taylor no. 2305923965 shade no.

10 or Raymond 302824 or Raymond Trident

303760 shade no. 0005

2.80

2 Lustalin Khaki Shirt As per sample 2.50

3 Tunic closed collar

double breast and

pant woolen serge

OCMTW 889 shade 053 or Raymond Terricot

103928 or OCM Barthia TW 8501 or

Digjamgoldrest GLD 740015 shade 1

2.65

4 Tunic open collar

with pant khaki

Barthia

OCMTW 889 Shade 053 or Raymond terool

103928 or OCM Barthia TW 8501 or

Digjamgoldrest GLD 740015 shade 1

5.00

5 Tunic short with

short khaki drill


10 or Raymond 302824

or Raymond Trident 303760 shade no. 0005

4.50

6 Khaki Tericot Kurta

&Salwar


10 or Raymond 302824 or Raymond Trident

303760 shade no. 0005

4.5

The summer and winter uniform kit for Store Keeper was inadvertently added in the total

requirement, but the Store Keeper is not entitled for any uniform. Accordingly the total requirement of

items at Sr. No. 1,8,10,11,12,13,14,23,24,25 and 26 of consolidated requirement may be reduced.

Based on the above amendments the clauses would be as under:-

CONSOLIDATED REQUIREMENT

Sr.

No.

Name of

Article

Technical

specifications

Cloth

require

for one

set (in

meters)

No of

uniform

sets

Cloth/

Quantity

required

Estimated

rate per

mtr/unit (in

rupees)

Estimated

Total cost

(in rupees)

1 2 3 4 5 6 7 8

1 Khaki Terricot

Pants and

Shirts

Reid and Taylor no.

2305923965 shade

no. 10 or Raymond

302824 or Raymond

Trident 303760 shade

no. 0005

2.8 948 2654.40

mtrs.

300 796320

2 Lustalin Khaki

Shirt

As per sample 2.5 28 70 mtrs. 400 28000

3 Peak cap khaki

(clean shaven

officers -5)

As per sample ----- ------ 20 nos. 450 9000

4 Turban Sikh 5.5

Mtr length as

per sample

Moon light/ Sidharth

textile/ Vimal Brand

5.5 330 1815

mtrs.

70 127050

5 Boots Brown Bata Hush puppies

834-6296

-- -- 14 pair 2999 41986

6 Willington Knee

Boots Black

Bata Hush puppies

8243926

-- -- 14 pair 3999 55986

7 Belt Brown As per sample -- -- 14 nos. 350 4900

8 Tunic closed

collar double

breast and pant

woolen serge

OCMTW 889 shade

053 or Raymond

Terricot 103928 or

OCM Barthia TW

8501 or

Digjamgoldrest GLD

740015 shade 1

2.65 480 1272 mtrs 808 1027776

9 Tunic open

collar with pant

khaki Barthia

OCMTW 889 Shade

053 or Raymond

terool 103928 or

OCM Barthia TW

8501 or

Digjamgoldrest GLD

740015 shade 1

5.00 14 70 mtrs 808 56560

10 Tunic short with

short khaki drill

Reid and Taylor no.

2305923965 shade

no. 10 or Raymond

302824 or Raymond


no. 0005

4.50 876 3942

mtrs.

80 315360

11 Black Belt As per sample -- -- 458 nos. 350 160300

12 Boot Black Bata Hush Puppies

834-6296

-- -- 932 pair 2999 2795068

13 PT Shoes Bata (Power) 889-

9244

-- -- 438 pair 499 218562

14 Barret cap

Khaki as per

sample

As per sample -- -- 596 200 119200

15 Gum Boot ISI Mark -- -- 219 pair 750 164250

16 Fire Helmet As

per sample

ISI Mark -- -- 123 700 86100

17 Fireman Axe As

per sample

ISI Mark -- -- 175 700 122500

18 Lenyard

Whistle Officer

as per sample

(SFO, Sb.FOs

& LFM)

As per sample -- -- 74 70 5180

19 Tie Maroon

(SFO & Sb

F.O.)

As per sample -- -- 14 85 1190

20 Badges of Rank

(SFO, Sub F.O

& LFM)

As per sample -- -- 74 set 50 3700

21 Shoulder Title As per sample -- -- 475 set 40 19000

22 Water Proof

Coat

As per sample -- -- 7 1750 12250

23 Vest Cotton

(Sleeve less) as

per sample

Prince Super Deluxe/

Jockey Brand

-- -- 916 129 118164

24 Socks Khaki

woolen as per

sample

As per sample -- -- 960 60 57600

25 Hand Gloves As per sample -- -- 960 50 48000

26 Woolen Jersey

full sleeves as

per sample

1. Size No. 40 :400 gm (min)

2. Size No. 42 :425 gm (min)

3. Size No. 44 :450 gm (min)

4. Size No. 46 :475 gm (min)

-- -- 466 650 302900

27 Driver badge As per sample -- -- 88 50 4400

28 Khaki Tericot

Kurta &Salwar

Reid and Taylor no.

2305923965 shade

no. 10 or Raymond

302824 or Raymond


no. 0005

4.5 12 54 300 16200

29 Dupatta 2.25

mtr as per

sample WRDO

female/class IV

female

Moonlight/ Sidharth

Textile/ Vimal Brand

2.25 14 31.50

Mtrs.

70 2205

30 Khaki Tericot

Kurta &Salwar

for female class

IV

Reid and Taylor no.

2305923965 shade

no. 10 or Raymond

302824 or Raymond


no. 0005

4.5 2 9 mtrs. 300 2700

Grand Total 6722407

(Rupees Sixty Seven Lac Twenty Two Thousand Four Hundred Seven only)

Annexure-“B”

(To be furnished on non judicial stamp paper duly attested by the Executive Magistrate/Notary Public).

AFFIDAVIT

I/we M/s ___________________________________________ are registered as Bidders/Suppliers of

_________________ as per S.Tax Registration Certificate No. issued by

___________________________ having registered office at

________________________________________ and manufacturing base at

_______________________________________ do hereby declare and solemnly affirm that I/We have

not been Black-listed, nor my/our Tenders or Supply Orders have ever been cancelled by any

State/UT/Central Government or any partner or shareholder either directly or indirectly connected with or

has any subsisting interest in the business of my/our firm nor any legal proceedings have ever been

initiated/ pending.

Place :________

Dated:________ DEPONENT

Verification

I/we do hereby solemnly declare and affirm that the above declarations are true and correct to the

best of my knowledge and beliefs. No part of it is false and nothing has been concealed therein.

Place: ________

Dated: ________ DEPONENT

Based on the approval accorded by the General House of Municipal Corporation,

Chandigarh in its 206th meeting held on 30.05.2014 and 210th meeting held on 25.09.2014, an E-tender

was published on 26.12.2014 and the date of closing was 23.01.2015 and tender opening date was

27.01.2015 but no tender was received in the office with-in the stipulated date and time.

Now considering the suggestions given during the Pre-Bid session by the representative of

the firm and duly recommended by the committee constituted for Pre-Bid meeting it is proposed that

instead of giving stitched uniform to the officials of Fire & Emergency Services, MC, Chandigarh, it is

suggested that the cloth may be provided to the officials and stitching charges may be paid with 10 %

increase on the stitching charges approved in last tender for the year 2010-11. The General House of the

MC, Chandigarh is accordingly requested to approve the above amendments as proposed by the

committee.

Additional Commissioner-I, Municipal Corporation, Chandigarh.


Subject: - Contract of PESCO for the supply of 80 nos. of Drivers and 50 nos. of Helpers.

It is submitted that the existing contract of PESCO for the supply of 80 nos. of Drivers and

50 nos. of Helpers was extended w.e.f. 01.03.2014 to 28.02.2015 on the existing terms & conditions

by the Gen. House of the Corporation in its 204th meeting held on 19.02.2014.

In the existing contract of PESCO, the Helpers are being paid wages as per D.C. rates being

a Class IV category (as approved by Gen. House in its 199th

meeting held on 29.11.2013) and the Drivers are

being paid wages as per the Labour rates being Class III (Group C) category.

Now, the Gen. House of the Corporation in its 213th meeting held on 30.12.2014 in the

agenda of contract for the supply of 96 workers of various categories of Group C & D has resolved as

under;

“The House considered and approved to grant wages in case of certain category of posts

which are not mentioned in D.C. rates as proposed in the agenda till the enlistment of said category of

posts in D.C. rate list and also approved to implement D.C. rates for Group C categories in the fresh e-

tenders, DNIT as contained in the agenda.”

In view of above, the agenda is placed before the Gen. House of the Corporation as to

extend the contract of PESCO for the supply of 80 nos. of Drivers and 50 nos. of Helpers for another one

year i.e. from 01.03.2015 to 28.02.2016 on D.C. rates and other terms & conditions of the contract shall

remain the same. The total expenditure of one year will be Rs. 2.58 crores (approx.) for the same.

M.O.H


Subject: - Contracts for the supply for 345+347 safaikaramcharies engaged through service provider.

It is submitted that M/s TDS Management Consultant (P) Ltd. # SCF 81, Phase 6, Mohali

(Punjab) was allotted the contracts for the supply of 347 + 345 Safaikaramcharis vide this office letters no.

MOH/SS/2014/2464 and 2474 dated 04.03.2014 respectively for the period of one year and the said firm

had commenced their work w.e.f. 01.04.2014. As per the Clause No. 1 of terms & conditions of the

contract, which is reproduced as under;

Period of contract: Initially the contract is for One Year, which can be further extended

on yearly basis up to maximum period of 3 years subject to the satisfactory performance

of services.

It is pertinent to mention here that the term of existing contracts of above allotted work is

going to expire on 31.03.2015.

It is worth to mention here that in another tender i.e. for the supply of 173

Safaikaramcharis which is under process, M/s TDS Management Consultant (P) Ltd. has quoted 1.79%

admin. charges and is ‘L1’.

In view of above facts, an agenda is placed before the General House of the Corporation

as;

a) To consider the extension of existing contracts for another year w.e.f. 01.04.2015 to

31.03.2016 to M/s TDS Management Consultant (P) Ltd. @ 2.18% administrative charges

for the supply of 347+345 Safaikaramcharis on same terms & conditions.

‘Or’

b) to float afresh e-tender if so, an extension to the present contracts may be given for 2

months i.e. w.e.f. 01.04.2015 to 31.05.2015 on existing terms & conditions or till the

finalisation of new tender whichever is earlier, to process new tender.

MOH


Subject: - Special sanitation Campaign.

During the meeting held under the chairmanship of worthy Advisor to the Administrator, U.T.

Chandigarh, it was decided that a sanitation campaign involving MOH wing, Engg. Wing, Municipal Corporation,

Chandigarh and Engg. Wing of Chandigarh Administration be undertaken Sector-wise till the whole city is covered.

The following manpower, tractor-trolleys and sanitation material will be required for this campaign to be carried out

for 03 months:-

Sr. No. Requirement

1. 40 Safaikaramcharies

2. 02 No. of Tractor Trolleys

3. Sanitation material

Presently, M/s TDS Management Consultant (P) Ltd. is supplying manpower to the MOH office at the

1.79% administrative charges.

For the above said manpower, tractor trolleys and sanitation material, the tentative expenditure is as

under :-

Sr. No.

Requirement Tentative expenditure

1. 40 Safaikaramcharies through existing firm i.e. M/s TDS

Management Consultant (P) Ltd. @ 1.79% administrative cost for the period of 03 months on DC rates plus

statutory payments as applicable

12.60 lacs

2. 02 No. of Tractor Trolleys i.e. from 01 from M/s Malwa engineering Works and 01 from M/s Capital Security

Services for the period of 02 months

04.50 lacs

3. Sanitation material (100 bans broom, 50 panja, 50 scrapper, 200 rings for broom, 400 Mtr. Hassion Cloth

(Tat), 20 malbury basket

00.60 lacs

4. Printing material, pamphlets etc. 00.50 lac

Total 18.20 lacs

Agenda is placed before the General House for consideration and approval of engagement of 40 no.

of Safaikaramcharies, 02 No. of Tractor Trolleys, sanitation material and IEC activities amounting to Rs. 18.20 lacs

(approx.).

M.O.H


Subject: - Hiring of 20 Nos. of Tractor-Trolleys.

An agenda was placed before General House in its 211th meeting held on 31.10.2014 to

decide whether the 20 Nos. Tractor Trolleys are to be purchased or hired. General House decided as

under:-

“The House considered and allowed extension of three months for hiring of 20 Nos.

tractor trolleys from M/s Malwa Engineering works & Capital Security Services, on the

previous terms & Conditions.

Further, it was also decided that the suitable vehicles be purchased for lifting garbage

according to the recommendations of Sanitation Committee.”

The matter was placed before Sanitation Committee held on 12.2.2015 and the Committee

after detailed deliberations resolved as under:-

“The Committee resolved that since more time is required to decide about the purchase of suitable vehicles in place of tractor/trolleys for lifting of garbage/horticulture waste, a Sub-Committee consisting of Councillors, Sh. M.P. Kohli, Sh. Satish Kumar Kainth and

Sh. Davesh Moudgil, MOH, Sanitary Inspector (V) Sh. Chander Mohan, S.O (Project) Sh.

Manoj Kumar and Chief Sanitary Inspector Sh. Ram Phal Singh, will finalize which type of vehicles to be purchased.

It was further decided that the contract for hiring of 20 No. of tractor-trolleys be

extended for another 06 months, out of which 10 No. tractor-trolleys from M/s Malwa

Engineering Works & 10 No. from M/s Capital Security Services on the previous terms &

conditions at an approx. cost of Rs. 87,43,680/- for six months w.e.f. 01.03.2015 to

31.08.2015 and recommendations in this regard be sent to the House for approval.”

Agenda is placed before the General House to extend the Hiring of 20 Nos. of Tractor

Trolleys for another 06 months i.e. 01.03.2015 to 31.08.2015, out of which 10 No. tractor-trolleys from

M/s Malwa Engineering Works & 10 No. from M/s Capital Security Services on the previous terms &

conditions at an approx. cost of Rs. 87,43,680/- for six months.

M.O.H

SUPPLEMENTARY AGENDA ITEM NO. 216.11

Sub: Car Bazaar.

In pursuant to orders issued by Learned Single Judge in CWP No. 26494 of 2013 and

further orders of the Hon’ble Division Bench in L.P.A. No. 966 of 2014 in High Court, a policy was

framed by the Municipal Corporation, Chandigarh and after approval of F&CC was placed in the

Special meeting of the General House of Municipal Corporation, Chandigarh held on 19.11.2014

at 11.00 a.m. (copy of agenda and minutes are placed below at Annexure “A”) The House

resolved that:-

“The House noted that a policy has to be framed for the old car bazaar as per the directions of Hon’ble High Court. The Hon’ble Court’s direction is to frame the policy preferably within 3 months.

It was felt that before finalizing this policy a wider public consultation is necessary. Therefore, it was decided to invite public objections/suggestions on the policy.

The House further noted that the present old car bazaar runs on every Sunday in the parking of Sector-7 Market on Madhya Marg. Since, the shops now remain open on Sunday also, it needs to be carefully seen whether such a car bazaar is to be allowed in the same parking area. Further, it was also decided to identify some alternative sites also.

Since, this exercise is likely to take more time, it was unanimously resolved to make a request before the Hon’ble High Court by way of filling an application for seeking extension of time for 3 months more.”

In Pursuant to the resolution of the House an application was moved in the Hon’ble High

Court requesting 03 months time for framing the policy. The application was moved through

Advocate Sh. Sanjeev Ghai (copy of application placed at Annexure “B”). The Hon’ble High

Court in its hearing on dated 19.12.2014 has passed the following orders.

Vide order dated 11.08.2014, three months’ time was granted to the U.T

Administration and its authorities to formulate policy for carrying out the

business of Car Bazar. The instant application has been moved seeking

extension of time.

Learned counsel for the application authorities states that three

months’ more time is required as some of the Councillors have sought time to

study the Draft Policy.

While deprecating the casual approach adopted by all concerned in

delaying the matter for wholly insufficient reason but, in the interest of

Justice, we extend the time till 28th February, 2015 failing which names of all

those Officers/ Councillors responsible for delay shall be furnished to the

Court for necessary action.

Disposed off.

(Copy of orders of Hon’ble High Court is placed at Annexure “C”).

In pursuant to the above resolution, a committee of the following was formed i.e. Additional

Commissioner-I, Additional Commissioner-II, Law Officer and OSD-II to examine Suggessition/

Objections to the draft policy received from the General Public on 09.12.2014. A public notice

was issued on 24.12.2014 published in 03 leading news papers i.e. The Tribune (English), Dainik

Bhaskar (Hindi) and Jag Bani (Punjabi) inviting Suggession /objections from General Public

during the period from 24.12.2014 to 06.01.2015 (within two weeks). (Copy of notice issued in

Newspaper is at Annexure “D”). The draft policy was also posted on the Website of Municipal

Corporation Chandigarh www.mcchandigarh.govt.in on 23.12.2014.

In pursuant to the above public notice, objections were received from one Sh. Rajnish Jain

and 10 from persons/traders having business in showrooms of Sector-7-C, Chandigarh. It was

also brought out that a CWP No. 20875 of 2014 has been filed by Satpal Garg Vs. Municipal

Corporation, Chandigarh where the relief requested is considered as an objection and shall be

http://www.mcchandigarh.govt.in/

heard and all issues raised therein shall be examined ( copy of the suggestion/ objections

received are placed at Annexure “E”)

The Committee issued notices to all such persons on 29.01.2015 through the office of

OSD-II to appear before the Committee on 2.2.2015 at 3.00 PM in the office of Additional

Commissioner-I Municipal Corporation Chandigarh for hearing.

Following the hearing, the minutes of the Committee were prepared and are placed at

Annexure “F”. The minutes were put to the Commissioner and the Commissioner had made the

following observations on noting file:-

“The Committee should give its view regarding all the issues, which could be presented to the House. This should be done expeditiously. We are losing time.”

Therefore, the Committee again met on 6.2.205 at 3.00 PM in the office of Additional

Commissioner-I to discuss the issue as per the above directions. The minutes of the second

meeting are placed at Annexure “G”. The Committee made following recommendations:-

Considering all the issues presented, the following options are available:-

a) Continue with the Car Bazaar, Sector 7 in its present form as per the draft policy flag

“A” with the restriction on the number of vehicles that can be put up for sale being

restricted to 50% of the parking capacity, with no such vehicle to be allowed to be

parked except on Sundays. For this, the Parking Branch shall have to evolve a suitable

mechanism to enforce the same.

b) Continue with the Car Bazaar at the present site for a period of one year as per the

draft policy and locate an alternative site where the Car Bazaar shall be shifted after a

period of one year, so that the second hand Car Bazaar dealers are able to gradually

shift their business to the alternative site.

c) Close the Car Bazaar immediately and shift it to the alternative site.

In case the option (b) & (c) are to be exercised, then the CEMC should locate a suitable

site where 1200-1500 cars can be parked, so that in addition to the second hand cars, the

customers and employees of dealers also can conveniently park their vehicles.

In case, the option (a) is to be exercised, then it shall be subject to the final outcome of

CWP No.20875 of 2014.

Therefore the matter is placed before the House to approved the Draft policy and take a

decision on the issues presented by the Committee at a, b and c above.

The matter is placed before the House for consideration and decision please.

Additional Commissioner II Municipal Corporation, Chandigarh.


Subject: CWP NO.15401 of 2014 M/s Deepak Builders and another Vs. Chandigarh Administration and others.

The Hon’ble Justice Surya Kant, in the CWP NO. 15401 of 2014 M/s Deepak

Builders and another Vs Chandigarh Administration and others, has passed the following orders:

“Having heard learned counsel for the petitioner, prima-facie we are satisfied that

the authorities have rightly asked the petitioners to deposit water charges @1.5% of the total cost

of the building in terms of Bye-laws(Annexure P-2). However, it appears that the discounted rate

of water charges prescribed for a private construction in Clause vii(b) require judicial review as to

why the private builders/constructors are being favoured”.

In this regard it is submitted that as per the “Chandigarh Water Bye-laws, 2011”

11(v)(vii) (a) Water used for construction /renovation/repair /addition/alternation for building of

part thereof including Government construction shall be charged @1.5% of the total cost of

construction of the building or as per the actual meter consumption at commercial tariff as per

clause iii(b), whichever is more. The cost of building /work will be assessed by Municipal

Corporation.

b) Private construction shall be charged @Rs.8/- per sft. of covered area.

c) In case of private construction by virtue of which no covered area is generated i.e.

estate services e.g. flooring, Estate P.H. services etc., the consumer shall be charged @1.5% of

the cost of total work. This tariff shall also be applicable in addition to the tariff prescribed above”

From the above, it seems that there is some anomaly in the Water Bye-law, 2011 wherein it

is mentioned that Water used for construction /renovation/repair /addition/alternation for building

of part thereof including Government construction which indicates that this clause is applicable

on private building also. The Hon’ble Court has rightly pointed out why discounted rate of

water bye-laws for private construction.

In view of above, follow amendment in the Water bye-laws is proposed:

Existing bye-law Proposed amendment

11(v)(vii) a)Water used for construction / renovation/ repair/ addition / alteration for building of part thereof including Government construction shall be charged @1.5% of the total cost of construction of the building or as per the actual meter consumption at commercial tariff as per clause iii(b), whichever is more. The cost of building /work will be assessed by Municipal Corporation.

a)Water used for construction / renovation/repair /addition /alteration for building of part thereof for Government construction shall be charged @1.5% of the total cost of construction of the building or as per the actual meter consumption at commercial tariff as per clause iii(b), whichever is more. The cost of building /work will be assessed by Municipal Corporation.

b)Private construction shall be charged @Rs.8/- per sft. of covered area.

b) i)Private residential construction shall be charged @Rs.8/- per sft. of covered area. ii) Private commercial construction for plot size upto 1000 sq.yd will be charged @8/-per sft of covered area. iii)Private commercial construction for plot size more than 1000 sq.yd will be charged @Rs. 25/- per sft of the covered area.

c) In case of private construction by virtue of which no covered area is generated i.e. estate services e.g. flooring, Estate P.H. services etc., the consumer shall be charged @1.5% of the cost of total work. This tariff shall also be applicable in addition to the tariff prescribed above.”

c)In case of private construction by virtue of which no covered area is generated i.e. estate services e.g. flooring, Estate P.H. services etc., the consumer shall be charged @1.5% of the cost of total work. This tariff shall also be applicable in addition to the tariff prescribed above.”

In view of the above, the above proposed amendment in the Water Bye-laws is placed before

the House of the Municipal Corporation, Chandigarh for approval so that same may be notified by the

Chandigarh Administration.

S.E.M.C. (PH) E.E.M.C.P.H.-2


Subject: Operationalization of Mahilla Bhawan.

It is proposed to commence the functioning of Mahilla Bhawan on 8.3.2015

(International Women Day). For this purpose, it is proposed that the General House of the

Corporation may itself or authorize the Mayor to form a Committee for operationalising the Mahilla

Bhawan and allotting spaces to the agencies dealing with issues/activities pertaining to Women.

Additional Commissioner I Municipal Corporation, Chandigarh.

agenda for 216th meeting of municipal corporation chandigarh · 2018-11-01 · dainik bhaskar...

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