List of Business As Per the Section 23 of Ndmc Act & Section 14 of the Procedure and Conduct

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List of Business As Per the Section 23 of Ndmc Act & Section 14 of the Procedure and Conduct

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ARRANGEMENT OF BUSINESS AS PER REGULATION 14 (1) OF PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1997.

14(1) Business Pages a Confirmation of the last Council’s Meeting held on 15.11.2006. 2 - 6 b Question asked by Members of the Council. 7 c Business from the Chairperson. 7 – 301 d Reports of Committees constituted under section 9 of the NDMC 302 – 304 Act. e Notice of Resolution given by the Members under the provisions of 305 Section 23.

a) Confirmation and signing at such meeting by the presiding officer thereof of the minutes of the last ordinary meeting or meetings or and of the minutes of any special meeting since the last ordinary meeting.

Minutes of last Council’s meeting No. 9/2006-07 held on 15.11.2006 at 10.30 AM is placed herewith for confirmation. (See pages 2 - 6).

COUNCIL’S DECISION

Information Noted 2

NEW DELHI MUNICIPAL COUNCIL PALIKA KENDRA : NEW DELHI

DRAFT MINUTES OF THE COUNCIL’S MEETING NO. 09/2006-2007 HELD ON 15.11.2006 AT 10.30 AM.

MEETING NO. : 09/2006-2007 DATED : 15.11.2006 TIME : 10.30 A.M. PLACE : PALIKA KENDRA, NEW DELHI.

PRESENT :

1. Smt. Sindhushree Khullar : Chairperson

2. Smt. Tajdar Babar : Vice Chairperson

3. Sh. V.V. Bhat : Member

4. Sh. Mukesh Bhatt : Member

5. Ms. Sima Gulati : Member

6. Sh. Mansur Ali Syed : C.V.O./Secretary, NDMC.

I. Business as per regulation 14 (1) of Procedure and Conduct of Business Regulations, 1997.

b) Confirmation and signing at such meeting by the presiding officer thereof of the minutes of the last ordinary meeting or meetings or and of the minutes of any special meeting since the last ordinary meeting.

Minutes of last Council’s meeting No. 9/2006-07 held on 15.11.2006 at 10-30 AM was confirmed in this meeting. It was decided that in future, the issues raised by the Members will be incorporated in the Minutes. It was further decided that the provisions of the NDMC Procedure and Conduct of Business Regulations, 1997 in this regard be examined.

c) Questions:- No question u/s 28 of the NDMC Act 1994 was placed in the meeting. 3

d) Business from the Chairperson :-

ITEM SUBJECT PROCEEDINGS NO. 1 (A-30) Improvement to NDMC Barat Ghar, Resolved by the Council that approval to Moti Bagh. SH : NDMC the proposal & AA&ES to the Preliminary wedding mart at Moti Estimate amounting to Rs.1,37,20,500/- is Bagh, New Delhi accorded.

Further, the Council observed as under:-

i) No additional funds for expenditure on installing/upgrading fire fighting system will be sanctioned to the department.

ii) Council expressed its concern over the delay caused in the completion of renovation work of Kaka Nagar Barat Ghar.

iii) A report is to be placed before the Council under whose permission the booking of Kaka Nagar Barat Ghar was resumed while it was closed for renovation. 2 (B-9) Renewal of annual maintenance Resolved by the Council that expenditure contract of OTIS lifts in sanction of Rs.78,73,645/- is accorded for various municipal renewal of Annual Maintenance Contract to buildings M/s. OTIS Elevator Co.(India) Ltd., at the rates and other terms & conditions explained in the preamble for the period from 01.9.2006 to 31.8.2006.

Further resolved by the Council that annual maintenance will not be extended to those lifts which are to be replaced by new lifts. 3 (M-7) Outsourcing for leasing of supply, Resolved by the Council that approval to installation and set up 46 units/schools locations by commissioning for new providing a PC and IT Assistant is accorded computer systems, for the successful implementation of the peripherals and provision software package being borrowed from of one IT assistant in 46 Director(Edn.), GNCT, Delhi. NDMC schools under Director (Edn.) NDMC, Further it was decided that Broadband New Delhi facility be provided for the successful implementation of the package, without disrupting the telephone facility. 4

4 (A-31) Augmentation of sewerage in the Resolved by the Council that demolishing area bounded by Bapa of NDMC Jaipur House Sewage Pumping Nagar, Shershah Suri Station situated in Delhi High Court Marg and Dr. Zakir Premises amounting to Rs.6,69,141/- and Hssain Marg. SH: Re- handing over the vacant possession of the location of NDMC Jaipur land occupied by it to High Court House Sewage Pumping Authorities after re-location of this SPS is Station- Approval of completed and new SPS is made Survey Report functional at National Stadium Complex is approved.

It was further decided to write off the book value of Rs,19,400/-. 5 (A-32) Desilting and Rehabilitation of 66” Resolved by the Council that the work of dia trunk sewer line from Q Point to De-silting and Rehabilitation of 66” dia Dayal Singh College in NDMC area trunk sewer line from Q Point to Dayal by NDMC (Approval in principle- Singh College in NDMC area by NDMC Decision thereof) through its own agency after completing all codal formalities applicable for execution of work, is approved. 6 (U-2) Fire Maintenance Services in NDMC Deferred. To be placed before the Council Buildings During 2006-2007, SH: in its next meeting with all the Procurement of Disaster relevant details of vehicle & Management & Emergency Rescue equipments proposed to be Tender in case of Unexpected purchased. calamity in NDMC area. 7 (N-1) Annual estimate for the work Resolved by the Council that administrative “Maintenance of Parks and Gardens approval and expenditure sanction in NDMC area” for the year 2006-07. amounting to Rs.2,49,76,500/- is accorded for maintenance of Parks & Gardens during the year 2006-07. 8 (O-1) Annual Audit Report for the year Information noted. ended March 2005. 9 (A-33) Strengthening of water supply Resolved by the Council that the revised system in NDMC area. SH : P/L administrative approval & Mastic Asphaltic Concrete Wearing expenditure sanction is Course at GPO Round About. accorded to the lowest offer of M/s. Wilco Engineers at their tendered amount of Rs.50,32,812.00 which is 17.40% above the Estimated cost of Rs.42,87,047.00. 10 (A-34) Strengthening of water supply Resolved by the Council that the lowest system in NDMC area. SH: offer of M/s. O.P. Gupta Replacement of 27” dia H.S. Pipeline Contractor Pvt. Ltd. at his from Hasanpur Reservoir to quoted rates of 4.5% below the Safdarjung Road. estimated cost of Rs.1,95,27,997/- which works out to Rs.1,86,49,237/-is approved. It was further decided to issue the award letter in anticipation of confirmation of the minutes. 5

11 (B-10) Purchase of Distribution Resolved by the Council that administrative Transformers of 1000 KVA Dry Type approval & expenditure (Cast Resin) of 11/0.415 KV rating sanction to award the supply (five numbers). order on M/s. Ames Impex Electrical Pvt. Ltd. at their all inclusive cost of Rs.73,30,731.60 + cost of testing charges as Rs.2,05,653.76 bringing the total cost of transformers as Rs.75,36,385.36(nett) on the terms & conditions as specified in the NIT, is approved. It was further decided that the five nos. of transformers be installed at :-

a. Palika Bazar 3 Nos. b. New Lawyers 1 No. Chambers Supreme Court c. 10, Bhagwan Dass 1 No. Road 12 (C44) Contracts/Schemes involving an Information noted. expenditure of Rs. 1 Lac but not exceeding Rs. 50 Lacs. 13 (C-45) Action Taken Report on the status of Information noted. ongoing schemes / works approved by the Council. 14 (A-35) Strengthening and resurfacing of Resolved by the Council that approval for roads in NDMC area during 2005- acceptance of offer of M/s. 2006 by Microsurfacing ECOASFALT, S.A. at their negotiated tender cost of Rs,17,30,23,406.00 and revised AA&ES for Rs.20,76,28,087.00 for the work of strengthening and resurfacing of roads in NDMC area during 2005-2006 by microsurfacing is accorded.

It was further resolved by the Council to resurface Shahjahan Road as an additional item in the subject contract, since the road is due for resurfacing in 2007. 15 (H-6) Regulations relating to the Deferred. qualifications of candidates and It was further decided that details be manner of selection for provided regarding :- appointments to posts referred to in (i) Resolution of Council approving the Section 43(1)(c) of the N.D.M.C. Act, draft sent to UPSC ; 1994; (in common parlance called (ii) Existing RRs and “Recruitment Regulations”). (iii) RRs approved by UPSC. 6

16 (M-7) Cash disbursement to all the Resolved by the Council that policy for students – Nry. To Class XIIth of giving cash payment to all the NDMC Schools & aided schools at students of Nry. To Class XIIth the rate of Rs.250/-, 380/-, 420/-, of NDMC and NDMC Aided @ 550/- per student, in the academic Rs.250.-, 350/-, 420/- & 550/- year 2006-07. for Nursery, Primary,, Middle, Secondary and Sr. Secondary Students respectively in the current academic year 2006- 2007 is adopted.

Further resolved by the Council that AA&ES amounting to Rs.1,03,84,230/- is accorded to make the cash payment for all student of NDMC & NDMC aided school for Nry to XIIth in the current year 2006-07 is accorded.

Further resolved by the Council that cash amount for the purpose must be disbursed within one month and before the next Council Meeting. It was also decided that two sets of summer uniform shall be supplied to the students from class 2nd to class 10th & class 12th before the closing of schools for summer vacations for which the department may bring forth an agenda before the Council well in time.

e) Reports:-

No report was placed in this Council Meeting.

f) Notice of resolutions given by the members under the provision to Section 23 of NDMC Act, 1994.

A Resolution was moved by Smt. Sima Gulati, Member, regarding systemization of licence fee collections. The same was placed before the Council and it was forwarded to the department for action and compliance. 7 8

b) Questions:- No question u/s 28 of the NDMC Act 1994 was placed in the meeting.

c) BUSINESS FROM THE CHAIRPERSON :-

ITEM NO. SUBJECT PAGE ANNEXURE 1 (A-36) Redevelopment of Connaught Place: Restoration of Façade of ‘C’ Block (sample block). 8 – 11 2 (B-11) Supply, Installation, Testing and Commissioning of HT & LT CT operated Micro Processor Based Trivector Electronic Meters of class 0.5 Accuracy. 12 - 16 3 (U-3) Fire Maintenance Services in NDMC Buildings During 2006- 2007.SH: Procurement of Disaster Management & Emergency Rescue Tender in case of Unexpected calamity in NDMC area. 17 – 20 21 - 88 4 (H-7) Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1)(c) of the N.D.M.C. Act, 1994; (in common parlance called “Recruitment Regulations”). 89 - 91 92 - 165 5 (C-46) New Delhi Municipal Council (Classification of Cinemas and Theatres) Bye-laws 2006. 166 – 167 168 – 169 6(C-47) New Delhi Municipal Council (Regulation and Control of Dogs) Bye-laws, 2006. 170 – 175 176 – 240 7 (C-48) Bye-laws on Registration of Cow and She-Buffaloes & Tax on Animals. 241 – 242 8 (P-2) Writing off a sum of Rs. 28140/- due to theft of Electronic Typewriter. 243 – 244 9 (O-2) Audit Comments on Monthly Accounts for the period April- In separate 2005 to March-2006. Bo okl 245 - 246 et 10 (C-49) Contracts/Schemes involving an expenditure of Rs. 1 Lac but not exceeding Rs. 50 Lacs. 247 248 – 265 11 (C-50) Action Taken Report on the status of ongoing schemes / works approved by the Council. 266 267 – 301 12 (A-37) Sub: Improvement to Palika Kendra. SH : Improvement & renovation work on 3rd, 2nd, Ist & Mezzanine & Ground Floor. 306 - 309 13(B-12) Estimate for replacement of wiring and lighting fixtures at Palika Parking Connaught Place. 310 - 311 312 14(E-11) Hiring of 16 nos. private tipper trucks for removal of garbage 313 - 314 in NDMC area. Revised Estimate. 315-317 15(M-8) Providing stitched Uniform to students of classes Nursery to 318 - 322 XII of NDMC and Aided school for academic session 2007-08. 16(H-8) Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1) of the NDMC Act, 1994;(in common parlance called “Recruitment 323 - 325 Regulations”). 326 - 327 9 10

ITEM NO.1 (A-36)

1. Name of the subject/project. Redevelopment of Connaught Place: Restoration of façade of ‘C’ Block (sample block).

2. Name of the department/departments concerned. Civil Engineering Department.

3. Brief history of the subject/project.

(a) Connaught Place is an important & most visible symbol of Lutyen in Delhi. The complex was designed & developed as the Central Business district. All major services like water supply, sewer, storm water drains and power cables were laid along middle circle. To meet ever increasing demands of shopkeeper, extensive parking areas were created all along inner, middle, outer circle and the radials, power demands also shot up requiring installation of additional sub-stations. Extensive telephone connections by Telecom department also added to the maze of cables wires of TV, Internet etc. damaging the building façade. Though there are NDMC (Pasting of Bills and advertisements), Bye laws 1992, no sincere attempt was ever made to discipline the shopkeeper, thereby signages of different shapes, sizes and colours are hung all over. All these development have put the Connaught Place under lot of pressure. Public amenities are generally poor & lacking in inner circle. In the year 2002, DMRC amended plans to build Metro rail corridors with an underground inter change station under Central park & Connaught Place. This has encouraged large number of visitors to come to Connaught Place. Meanwhile Delhi has offered to host Commonwealth Games-2010, which would also require major improvements to be carried out in the prestigious shopping center. (b) NDMC has taken up the Redevelopment of Connaught Place. Redevelopment of Connaught Place mainly consists of Restoration of Façade of all blocks of Connaught Place, Circulation Plan, Parking lots, Improvement of Engineering Services, Subways etc.

(c) It was decided by Empowered Committee that ‘C’ block be taken up as Sample block for restoration of façade (front & sides) being the smallest block. Accordingly, M/s EIL after studying the existing site conditions and proposed Redevelopment plan has prepared the Preliminary Estimate for the restoration of façade of ‘C’ Block as sample block. M/s EIL have submitted details of measurements and Analysis of rates alongwith Preliminary Estimate.

(d) The proposal has been cleared by Heritage Conservation Committee on 27th Feb.’06 & is Delhi Urban Arts Commission on 1st Nov.’06.

(e) The Preliminary Estimate does not include Building signages as the cost of signages has to be borne by occupants.

4. Detailed proposal on the subject/proposal

Restoration of façade of ‘C’ Block include dismantling of existing windows, RCC jali, plaster, cornices etc. After dismantling the façade will be restored to shape as per original drawings. Major items involved in restoration of façade are as follows:-

a) Replacement of existing windows & frames with Burma Teak of uniform design & size include superior quality painting. 11

b) RCC jali below FF window & wrought Iron railing. c) Replacement of plaster & painting with superior quality exterior paint. d) Plaster of paris and plastic emulsion paint on roof of corridor. e) Granite flooring. f) Corridor lighting g) Façade lighting h) Replacement of Electric Meter boxes with Stainless steel boxes. i) Replacement of cables from feeder pillars upto consumer end. j) Misc. works like sleeves in flooring, Rain water pipes etc.

5. Financial implications of the proposed project/subject: The Preliminary Estimate of the work is Rs. 1,81,03,300/-.

6. Implementation schedule with timelines for each including internal processing:  Accord of A/A & E/S : Dec.’06  Preparation & Approval of Detailed Estimates/NIT : Dec.’06  Call of tenders : Jan.’07  Award of work : Feb.’07  Execution of work : 1stMar.’07-Nov.’07

7. Comments of the Finance Department on the subject: (a) The comments of Finance Department are as follows:- “ The proposed Estimate may be deemed to have been concurred as per decision of Empowered Committee”.

(b) Empowered Committee chaired by Chairperson was held on 23rd Nov.’06 in which E-in-C, F.A., L.A., Secretary, C.A., Director (Projects) & Project Leader (CP) were present.

(c) The case of restoration of façade of ‘C’ block was discussed in detail. The comments of Finance Department were reviewed. Financial Advisor referred to GFR Rule 21(4) which lays down the standard of financial propriety that “The Government expenditure should be in pursuance of recognized policy or custom”. (d) Chief Architect observed that the work relates to restoration of heritage structure of Connaught Place and precincts therefore the work automatically lies in the public domain and is not in any private interest. It is basically benefiting the community as a whole because there is no intention to benefit any individual but community and public at large.

(e) Legal Advisor was of the opinion that work does not relate to any individual building as NDMC is already providing essential services like water supply, Electric Supply to buildings in the Connaught Place & receiving tax based on built up property whereas only land belongs to the Central Govt. Therefore, NDMC is well within its rights to take up the work of façade restoration which is in public domain. In some cases even the Substations have been installed in so-called private premises.

(f) The Legal Advisor was further of the view that difference has to be made between market & individual building. In Connaught Place area Varandah is a public road and not a private property and market is a group of shops either owned by Govt. or private parties. Its development, maintenance and providing essential services like water supply, electrical supply, streets lighting, removal of obstacles & projections are municipal functions and these functions are not for individual person or the property. The benefit goes to the public at large and not to the particular person or property. Due to 12

increase in land value and rental on improvement of markets NDMC also gets benefited in terms of collection of taxes. As such it is clear that the prohibition under GFR is not applicable for expenditure to be incurred on face-lift of Varandah being public street or other buildings in market.

(g) Legal Advisor also emphasized that under section 12(Z) of NDMC Act the Council may provide either wholly or in part for any measure likely to promote public safety, health, convenience & general welfare. As per certain regulatory function the construction, maintenance of municipal market and regulation of all markets is a obligatory function of Council. So the expenditure for construction, maintenance & regulation of market has to be provided by the Council.

(h) It was considered view of all present in the meeting that since the expenditure was aimed at restoration of heritage area for which work of an demonstrative nature was a pre-requisite in order to win the co-operation of private property owners therefore the expenditure is deemed to be in pursuance of public policy as approved in the Council meeting held on 27 th April’05 wherein the Council has agreed and approved, in principle, Redevelopment of Connaught Place of which façade restoration is one of the components.

(i) It was also pointed out by Chairperson that no distinction should be made between the ‘C’ block and other blocks of Connaught Place as far as façade restoration is concerned and same model shall be followed for other blocks also. It was therefore decided that Civil Engineering Department shall plan & frame estimates for all other blocks on similar lines and process the same for sanction.

(j) F.A. also observed that since Connaught Place was not a municipal market as of now and since the Scheme for its redevelopment has not been specifically entrusted to NDMC the entire efforts by NDMC may become infructuous at a later stage if Central Govt. decides to withdraw the scheme from NDMC. It was brought out that scheme has been presented to Hon’ble Minister of Urban Development on 05 April’05, Secretary, Urban Development on 01 Feb.’05 & 02 March’05, Planning Commission on 25 Aug.’06, Hon’ble Chief Minister on 21st April’06 and Chief Secretary, Govt. of NCT of Delhi on 21st July’06 & therefore, in the unlikely event of work being withdrawn from NDMC the cost shall be recovered from the Central Govt.

(k) Director (Projects) confirmed that there is a proposal to project the work in JNNURM Scheme for which sub-city plan is under preparation.

(l) After detailed deliberations and views expressed as above the Empowered Committee finally recommended the Preliminary Estimate of Rs.1,81,03,300/- of façade restoration of ‘C’ block be placed before the Council for accord of Administrative approval & Expenditure sanction.

8. Comments of the department on comments of Finance department. As Finance Department has concurred the proposal in view of decision of Empowered Committee so Department has no comments to offer.

9. Legal Implication of the subject/project N.A. 13

10. Detail of previous council resolution, existing law of Parliament and Assembly on the subject. There is no previous Council resolution. However the project report was presented before the Council on 27th April 2005 when the proposals were accepted in principle.

11. Comments of the law department on the subject/project. N.A. in view of Empowered Committee recommendations.

12. Comments of the Departments on the comments of Law Department. Not applicable.

13. Recommendations.

The case is placed before the Council for consideration and accord of Administrative Approval & Expenditure Sanction for Rs. 1,81,03,300 (Rupees One Crore Eighty One Lakh Three Thousand & Three Hundred Only) to the Preliminary Estimate for the work of Restoration of Façade of ‘C’ block (Sample Block) under Redevelopment of Connaught Place.

14. Draft Resolution

Resolved by the Council that the Administrative Approval & Expenditure Sanction to the Preliminary Estimate amounting to Rs. 1,81,03,300/- is accorded for the work of Restoration of Façade of ‘C’ block (sample block) under Redevelopment of Connaught Place.

COUNCIL’S DECISION

Resolved by the Council in principle that administrative approval and expenditure sanction to the Preliminary Estimate amounting to Rs.1,81,03,300/- is accorded for the work of Restoration of Façade of ‘C’ Block(sample block) under Redevelopment of Connaught Place.

Further resolved by the Council that a meeting of the stakeholders/tenants of ‘C’ Block with Chairperson / Vice-Chairperson be organized and the proposal be brought before them for considering options for implementation of project with their participation.

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ITEM NO. 02 (B-11)

1. Name of the Subject/Project:

Supply, Installation, Testing and Commissioning of HT & LT CT operated Micro Processor Based Trivector Electronic Meters of class 0.5 Accuracy.

2. Name of the Department

Electricity Department.

3. Brief History of the Proposal

A Sub-committee of officers consisting of SE (E-V), Director (Commercial), Director (Finance), Director (C) – QC & TA (Representative of Engineer-in-chief from Civil Department and Deputy Secretary-Department of Power was constituted by the Chairperson, NDMC to make detailed recommendations for the type of meters to be installed for different rating of loads, to recommend short-listing of internationally reputed companies, estimates and NIT finalization etc. for energy meters. The Committee of officers after going through necessary details, concept papers, previous minutes of the meeting etc. and after due deliberation recommended that only Electronic energy meters of good quality and manufactured by internationally reputed companies, may be provided for all categories of consumers in NDMC area. Chairperson vide order dated 6.8.04 approved the recommendations of the sub- committee of officers communicated vide letter No.D/969-973/SE (E-V)/04-05 dated 03.9.04.

The following estimates for the work of supply & installation of microprocessor based electronic energy meters have been approved by the Council as details below: -

1. Estimate No. E-8/EE (M/N)/2000-01 amounting to Rs.46, 27,000/- having provision of Rs.6,83,600/- for 90 Nos. HT/LT Trivector Micro Processor Based Electronic Energy Meters approved by the Council vide Resolution No. XXIV dated 17.05.01.

2. Estimate No.E-11/EE (M/N)/2003-04 amounting to Rs.1, 44,87,154/- for 1300 Nos. HT/LT Trivector Micro Processor Based Electronic Energy Meters approved by the Council vide Resolution No. 6 (B-4) dated 02.7.04.

Accordingly, the draft NIT for the wok of Supply & Installation of Micro Processor Based Trivector Electronic Energy Meters was prepared & got examined from Planning and thereafter Sealed Tenders in two cover system were invited.

4. Detailed Proposal on the Subject:

Sealed tenders were invited for the work of supply, installation, testing and commissioning of 60, HT and 1330 LT, CT operated Micro Processor Based Trivector Electronic Energy Meter of Class 0.5 accuracy by publishing the tender notice in leading newspapers and posting the NIT on website. In response to tender enquiry, offers from following three firms were received on 18.8.05, the due date of opening: -

1. M/s L & T Limited 2. M/s Secure Meters Pvt. Ltd. 3. M/s Elster Metering Pvt. Ltd.

The First cover containing the techno commercial offers of all the participating firm was opened on the due date and subsequently techno commercial discussions were held with all the participating firms by the Standing Technical Evaluation Sub-committee in its meeting held on 18.11.05 under the Chairmanship of C.E. (E-II). Based on the discussions, the 15

Standing Technical Evaluation Sub-committee decided that orders for supply and installation of meters would be placed separately and to accept certain deviations in the offers of all the participating firms subsequently in its 2nd meeting held on 5.1.06, the Technical Evaluation Sub-committee decided to accede to the request of the firms for waiver of sample testing condition after due approval of competent authority as all the firms had submitted copies of type test reports of their meters from Govt./NABL accredited lab as per IS-14697. Accordingly with the concurrence of finance and approval of Chairperson dated 22.2.06 the sample testing conditions of NIT was waived off before opening of the price bid.

With the approval of CE (E-II) dated 27.2.06 price bids of all three participating firms were opened on 9.3.2006 in the presence of the representatives of all participating firms. M/s Secure Meters Pvt. Ltd. emerged the lowest tenderer who had quoted the lowest rates as under: -

A. FOR HT CT OPERATED METERS: a) For Supply Part (Quoted Rates) Rs.4, 225/-+ST @ 1% + F & I. @ Rs.25/- b) For Installation Part (Quoted Rates) Rs.1, 170/- + Service Tax @ 10.20%

B. FOR LT, CT OPERATED METERS a) For Supply Part (Quoted Rates) Rs.4, 175/+ST @ 1% + F.I @ Rs.25/-. b) For Installation Part (Quoted Rates) Rs.550/- + Service Tax @ 10.20%

Negotiations were proposed with the lowest firm as the quoted rates were found to be higher than the justified rate. After examination by Planning, concurrence of Finance and approval of Chairperson, negotiations were conducted with M/s Secure Meters Pvt. Ltd., the L-I firm, on 18.8.06 under the chairmanship of Engineer-in-Chief and the firm offered following rates during negotiations: -

1. HT CT OPERATED ELECTRONIC METERS. i) Supply - @ Rs.4, 200/- + CST @ 1%

Computed Price - Rs. 4,242/- each ii) Installation - Rs.1, 100/- + Service Tax @ 12.24%

Computed Price - Rs.1, 234.64 /each

2. LT CT OPERATED ELECTRONIC METERS i) Supply - Rs.4, 150/- + CST @ 1%

Computed Price - Rs.4, 191.50/ each ii) Installation - Rs. 525/- + Service Tax @ 12.24%

Computed Price - Rs. 589.26/each

Negotiated rates quoted by the L-I firm/tenderer, were accepted by the Chairperson. 16

Finance vide diary No. FA-2144 dated 9.10.06 concurred in the proposal of the department to award the work of supply and installation of HT & LT CT operated Electronic Meters to M/s Secure Meters Pvt. Ltd. at their negotiated rate of Rs. 66,87,009/- as per details given under: -

1. HT CT OPERATED ELECTRONIC METERS. i) Supply - Rs.4, 242/- x 60 = Rs. 2,54,520/= ii) Installation - Rs.1, 234.64 x 60 =Rs.74, 078/-

2. LT CT OPERATED ELECTRONIC METERS. i) Supply - Rs.4, 191.50 x 1330 = Rs.55, 74,695/- ii) Installation - Rs.589.26 x 1330 = Rs.7, 83,715.20

Total (1 + 2) - Rs.66,87,009.20

Say Rs.66, 87,009/- (Rupees sixty-six lac eighty seven thousand nine only).

OTHER TERMS AND CONDITIONS:

1. Excise Duty - Nil

2. CST - 1% against Form-C on the negotiated rates.

3. Freight & Insurance - Inclusive

4. Service Tax - @ 12.24% (for installation only on the negotiated rates.)

5. Date of Commencement – 10th day from the date of written order to commence work. 6. Delivery - Within two months.

7. Place of Delivery – At our store, Vidyut Bhawan, Aurangzeb Road, New Delhi.

8. Completion of work – Two months from the tenth day after the date of written order to commence work.

9. Compensation for non-completion of work in time – 1% per week on the value of unexecuted portion of the order subject to maximum 10% of the unexecuted portion.

10. Defects Liability Period – 5 (Five) years for the meters & 12 (twelve) months for the work from the date of completion of work.

11. Mode of Payment - i) 75% of the cost of the material supplied by the firm at stores would be paid after receipt of the material. ii) 25% of the material’s cost would be paid to the supplier firm after successful installation, testing & commissioning of the meters at site. iii) In respect of installation part, the payment would be paid to the firm after successful installation of the meters at site. iv) Performance guarantee - @ 5% of the contract amount shall be furnished by the firm till expiry of the guarantee.

12. Security Deposit – 10% of amount payable shall be deducted towards security deposit from all running payments as per clause 1 of the conditions of contract. 17

13. Pre Dispatch Inspection – All acceptance tests and inspection shall be carried out at the place of manufacture. The manufacturer shall offer the inspector representing the Purchaser all the reasonable facilities, free of charge, for inspection and testing, to satisfy him that the material is being supplied in accordance with this specification. The NDMC representative/Engineer attending the above testing will carry out testing on five meters and issue test certificate approval to the manufacturer and give clearance for dispatch. A soft copy of routine tests for entire lot of meter shall be submitted for giving dispatch clearance.

14. Arbitration – In case of dispute, the arbitration shall be conduced in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) or any statutory modifications or re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceeding under this clause (as per Clause 25 of NIT.

5. Financial Implications - Rs.66, 87,009/-

6. Implementation Schedule - Delivery within two months. Completion of work – 2 months from 10th day after date of written order to commence work.

7. Comments of Finance – Finance has concurred in the proposal of the department to award work of supply & installation for HT & LT, CT operated Micro Processor Based Electronic Energy Meters to M/s Secure Meters Pvt. Ltd. at their negotiated rate of Rs.66, 87,009/- vide diary No. F.A.2144/R/Elect. Dated 9.10.06 subject to following:-

1. Approval of Competent authority. 2. Avalability of Funds. 3. Correctness of the fact and figure. 4. Certification by the department that type-test furnished by the firm are sufficient to examine the performance of the meter and there is no necessity to have further sample testing. 5. No purchase has been made earlier against which the material in question is being procured. 6. Extension of validity by L-I.

8. Comments of the Department on Comments of Finance -

1. Approval of Chair person is being taken & whereafter case be noted to Council. 2. Funds are available. 3. Facts and figures are correct 4. Certificates of type test furnished by the firm are sufficient to examine the performance of the meter and there is no necessity to have further sample testing as already decided by the Standing Technical Evaluation Sub-committee. 5. Certified that no purchase has been made earlier against which material in question is being procured. 6. Extended Validity of the offer of M/s Secure Meters Pvt. Ltd. is till 31.12.06.

9. Legal Implications – No law point is involved in the case. This has been confirmed by L.A.vide his observation dated 30.10.06.

10. Comments of Law Department- LA has confirmed that no law point is involved and as such Law has no objection to the proposal. 18

11. Comments of department on comments of Law Department - In view of the comments of Law Department case is being put up to Chairperson/Council for approval.

12. Recommendations –

The department recommends to place order for supply, installation, testing and commissioning of HT & LT, CT Operated Micro Processor based Trivector Electronic Energy Meters, on M/s Secure Meters Pvt. Ltd. at their negotiated rate of Rs.66, 87,009/- (Rupees sixty six lac eighty seven thousand nine only) on the terms and conditions and specifications of NIT and other acceptable terms and conditions communicated vide letter No.D.4452-56/EE (S-I) dated 20.12.05.

COUNCIL’S DECISION

Item has been withdrawn. 19

ITEM NO. 03 (U-3)

1. Name of the Subject:

Fire Maintenance Services in NDMC Buildings During 2006-2007. SH: Procurement of Disaster Management & Emergency Rescue Tender in case of Unexpected calamity in NDMC area. 2. Name of the Department

Fire Department

3. Brief History of the Project:

The Government of India is giving its utmost attention towards disaster management. A number of meetings have been held in this regard with the office of Divisional Commissioner, Disaster Management Cell of the Govt. of NCT of Delhi and the Chairperson, N.D.M.C. National Disaster Management Division, Ministry of Home Affairs, Govt. of India has also advised all the U.Ts and States to procure essential search and rescue equipments to be used in case of such calamities. In order to have effective control over the issue it is very important and necessary that the EMERGENCY RESCUE TENDER be procured on the basis of latest technology.

In view of above it is submitted that NDMC has still to procure the above rescue tender and in one of the meetings of the Zonal Officers held on 5.7.06 under the Chairmanship of Chairperson and meeting of the HODs taken by the Chairperson on 25.7.06 in the Council Room (both copies of the minutes placed in the file), it has been desired that the above mentioned rescue tender be procured on the lines of Delhi Fire Service/Delhi traffic Police as the same is already in use in their departments and working effectively. The operations of these equipments have been found effective during the recent storms. The Rescue Tender was mainly used for removing heavy debris, fallen tree trunks, removing of unauthorized constructions etc. by the Delhi Traffic Police/Delhi Fire Services.

Accordingly the above agencies i.e. Delhi Traffic Police and Delhi Fire Services were contacted and discussions were held with their officers in respect of the above rescue tenders. Also the officers of the NDMC have seen the demonstrations of these vehicles. Impressed with the demonstration, C.V.O. along with the Fire Officer cum NA inspected the Disaster Management Centre (DFS) to randomly assess the Emergency Rescue Tender at Laxmi Nagar Distt. Centre, Delhi and after detailed discussions with Dy. C.F.O. at site it was agreed to fabricate two Rescue Tenders i.e one for heavy duty operations and one for light duty operations as per details given below:-

1) Rescue Tender on Tata LPT 1615/52 cab BS 111 for heavy duty operations: Cost Rs. 9,97,759/- as per quotation placed in the file collected from TATA for heavy duty operations.

2) Rescue Tender on Medium duty vehicle on Tata LPT 712 EX Cost of chasis Rs. 6,16,805/- to be fitted with crane, DG set (5 KVA), hydraulic tools and cutters for light duty operations.

In view of position stated above, the case was referred to Chairperson through Secretary, NDMC for according Administrative approval and Expenditure sanction amounting to Rs. 80,81,000/- for procurement of one emergency rescue tender for the Disaster Management 20

Control Room of NDMC and principal approval was accorded by the Chairperson on dated 14.8.2006. 4. Detailed proposal on the subject: The firms/manufactures dealing in the trade have been contacted and discussions held with them for providing the Rates, specifications, terms and conditions on which (chassis for mounting the equipments shall be supplied by the NDMC) the equipments were provided to the above agencies. After collecting the requisite data, detailed specification of the equipments, terms and conditions as approved by Delhi Fire Service along with photographs of the rescue tenders and other allied items/equipments (placed in the file) an estimate has been prepared (duly checked by the H/DMan) in the first instance for Heavy duty operations as mentioned at Sl No. 1 above amounting to Rs.80,71,600/- and estimate for the light duty operation system shall be submitted in due course of time. Major Break up for Rs. 80,71,600/- is given here under:- i) cost of Vehicle for rescue tender on Tata LPT 1615/52 cab BS 111 for heavy duty Operation Rs. 10,00,000.00

ii) Cost of appliances and fabrication of the Rescue Tender Rs. 66,86,877.00 ______

Rs. 76,86,877.00

Add 5% contingencies Rs. 3,84,344.00

______

Total Rs. 80,71,221.00

Say Rs. 80,71,000/-

Note: : List of equipments alongwith photographs and technical specifications of the appliances placed at Annexure (See pages 21 - 88).

3. Financial implications of the subject Rs. 80,71,000/-

4. Implementation Schedule with timeliness for each stage including internal processing.

Six months. 5. Comments of the Finance Department on the subject.

Keeping in view the necessity of such vehicle during any event of mishappening/natural calamity as desired by Government of India and also in view of the approval obtained from the Chairperson dated 14.8.06 we concur in to the estimate amounting to Rs. 80,81,000/- for the procurement of Rescue Tender as recommended by FO cum N.A./CVO subject to the following conditions:- a. Availability of funds. b. Approval of competent authority c. Correctness of information and data submitted by the department. 21

d. Codal provisions be adhered while executing the work. e. Certification by the department, that emergency rescue tender after its procurement shall be housed at Chanakya Bhawan, Fire Control Room and shall be in operation round the clock for any type of mis- happening/calamity.

6. Comments of the department on comments of Finance Department.

No comments.

9. Legal Implication of the subject.

The case has been seen by the Law Department and there is no legal implication involved.

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the subject. Nil

11. Comments of the Law Department on the subject

The case has been seen by the Law Department and the comments are as under:-

a) No law point is involved. The fire service is with Govt. of NCT of Delhi, NDMC has set up this Deptt. For the safety of our NDMC buildings. This is not for other building in NDMC area. It is not known if M.C.D. has purchased such an equipment. b) Deptt. Has given the capital cost, what about running cost. Whether any new staff required. c) It is presumed that in providing the facility of ‘Rescue’ tender, NDMC is not taking over any liability for claims or damages from private parties for defective or inefficient service.

12. Comments of the Department on the comments of the Law Deptt.

In connection with the observations/comments of the Law Deptt. above, it is to state that as observed by the LA, the Fire service is under the over all control of Delhi Fire Service and the Emergency Rescue Tender is being procured by the NDMC as per advice of the Government of India, Ministry of Home Affairs, New Delhi. No additional staff for maintenance of the Rescue Tender will be required as the Fire Department has a number of trained personnel in the field and can effectively handle the Rescue Tender. The running cost for the Rescue Tender would be very nominal by way of consumption of Diesel/Petrol being consumed by a Heavy Vehicle on an average basis in a month. Since the Fire service is under the over all control of Delhi Fire Service, the NDMC is not taking any liability for any claims or damages from private parties for defective or in-efficient service. The case was submitted to Chairperson for according A/A and E/S amounting to Rs. 80,81,000/- for procurement of Emergency Rescue Tender for the Disaster Management Control Room of NDMC and the same was accorded on 27.9.06 22

vide Diary No. No. 5937/PS/Chairman/F dated 26.9.06 and accordingly the case is laid before the Council.

13. Recommendation

It is proposed to procure the vehicle departmentally from M/s Tata Engineering & Locomotive Co. Ltd. And to carry out rest of the work through specialized agencies dealing in the trade after calling tenders in two cover system i.e. Technical bid and Financial bid. The financial bid shall only be issued to the contractors who will qualify the technical bid. The expenditure will be met from the Budget Head of A/C C.3.8(X)A-Fire Maintenance Services in NDMC buildings during 2006-2007. 14. Draft Resolution

Resolved by the Council that administrative approval and expenditure sanction is granted to the tune of Rs. 80,71,000/- for carrying out the work of Procurement of Disaster Management and Emergency Rescue Tender in case of Unexpected calamity in NDMC area in two stage system i.e. Technical Bid and Financial Bid from specialized agencies only dealing in the trade.

COUNCIL’S DECISION

Resolved by the Council that administrative approval and expenditure sanction amounting to Rs.80,71,000/- is accorded for carrying out the work of Procurement of Disaster Management and Emergency Rescue Tender in case of unexpected calamity in NDMC area in two stage system i.e. Technical Bid and Financial Bid from specialized agencies only dealing in the trade. 23

ANNEXURE 21 – 88 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90

ANNEXURE END 91

ITEM NO. 4 (H-7)

1. NAME OF THE SUBJECT:

Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1)(c) of the N.D.M.C. Act, 1994; (in common parlance called “Recruitment Regulations”).

2. NAME OF THE DEPARTMENT

Personnel Department.

3. BRIEF HISTORY OF THE SUBJECT:

(I) Section 43(1)(c) of the N.D.M.C. Act, 1994 provides that the Council may make regulations in respect of the qualifications of candidates for appointment to the post of Secretary and Chief Auditor of the Council and of category “A” and category “B” posts included in the Schedule referred to in Section 34(1) of the Act, and the manner of selection for appointment to such posts. (These common parlance are called “Recruitment Regulations”).

(II) Section 43(2) of the said Act further provides that no regulations referred to above shall be made except after consultation with the UPSC.

(III) Section 387(2) of the said Act stipulates that no regulations made by the Council shall have effect until it has been approved by the Central Government and published in the Official Gazette.

(IV) The Personnel Department has consulted the UPSC in respect of 18 posts and have obtained clearance from the Commission (Annexure A) (See pages 92 - 94). The Recruitment Regulations are at Annexure (i) to (xviii) (See pages 95 - 165) thereof.

4. DETAILED PROPOSAL ON THE SUBJECT:

(i) With a view to expedite finalization of the Recruitment Regulations it was proposed that approval of the Central Government may be obtained in the first instance and thereafter approval of the Council obtained and thereafter the approved Recruitment Regulations sent to the Government of NCT of Delhi for publication in the Official Gazette. However, the Ministry of Home Affairs have advised that the Recruitment Regulations should be got approved by the Council and copies of their Resolution in this regard be sent to them. They have also asked for certain administrative details such as cadre strength, pay structure, detailed justification, etc., which are being attended to by the Personnel Department.

(ii) It is, therefore, proposed that the Council may approve the recruitment regulations in respect of said 18 posts as per Annexure -(i) to (xviii) (See pages 95 - 165). 92

(iii) The Council in its meeting held on 13.10.2006 requested for some more detailed information covering the background of the 18 RRs as well as the original RRs, proposal referred to the UPSC as well as the final RRs approved by the UPSC. This has accordingly been prepared and placed below at annexures.

5. FINANCIAL IMPLICATIONS OF THE PROPOSED SUBJECT:

There are no additional financial implications except those already provided in the Budget Estimate of the N.D.M.C.

6. IMPLEMENTATION SCHEDULE WITH TIMELINESS FOR EACH STAGE INCLUDING INTERNAL PROCESSING.

After the approval of the Regulations by the Council they same will be sent to the Government of India for approval within 15 days. After the receipt of approval of the Government of India they will be sent within a week to the Government of NCT of Delhi for publication in the Official Gazette. This exercise is likely to take 2 to 3 months.

7. COMMENTS OF THE FINANCE DEPARTMENT ON THE SUBJECT:

No additional financial implications are involved.

8. COMMENTS OF THE DEPARTMENT ON COMMENTS OF FINANCE DEPARTMENT.

Not Applicable.

9. LEGAL IMPLICATION OF THE SUBJECT:

There are no legal implications.

10. DETAILS OF PREVIOUS COUNCIL RESOLUTIONS, EXISTING LAW OF PARLIAMENT AND ASSEMBLY ON THE SUBJECT:

As indicated against item Nos. 3 and 4 above.

11. COMMENTS OF THE LAW DEPARTMENT ON THE SUBJECT:

Not applicable.

12. COMMENTS OF THE DEPARTMENT ON THE COMMENTS OF THE LAW DEPARTMENT.

Not applicable.

13. RECOMMENDATION:

It is recommended that the Council may approve the draft Recruitment Regulations in respect of the 18 posts as per Annexures (i) to (xviii) (See pages 95 - 165). 93

14. DRAFT RESOLUTION:

Resolved by the Council that the Recruitment Regulations in respect of 18 posts as per Annexure (i) to (xviii) are approved with the directions that the same be sent to the Central Government for approval and thereafter to the Government of NCT of Delhi for publication in the Official Gazette. It is further resolved that further action be taken in anticipation of confirmation of the minutes.

COUNCIL’S DECISION Approved. Deptt. to initiate action for notification of these 18 RRs.

Further resolved by the Council that:

i) The RRs of Chief Security Officer regarding re-employment for ex- servicemen(Column No.12) be amended and only retired army personnel be considered for re-employment.

ii) All RRs of Group ‘A’ & ‘B’ posts that are henceforth proposed to be amended shall first be placed before the Council with the existing RRs and reasons for amendment. Thereafter with the modifications suggested and with prior approval of the Council, they shall be forwarded to the UPSC/MHA/GNCTD. In case of any change is suggested by the UPSC, the same shall be brought before the Council before finalization with UPSC. 94 iii) ANNEXURE 92 – 165 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167

ANNEXURE END 168

ITEM NO. 5 (C-46)

1. Name of the subject/project.

New Delhi Municipal Council (Classification of Cinemas and Theatres) Bye-Laws, 2006.

2. Name of the department/departments concerned.

Coordination Department.

3. Brief history of the subject/project.

As per the Explanation of the Third Schedule to the NDMC Act 1994, bye-laws are required to be made classifying cinemas and theatres into Class I and Class II. The department had earlier proposed that since the number of cinema halls and theatres are very few in NDMC area, bye-laws may not be required to be framed for the time being.

However, in the meeting held on 26.6.2006, of the Committee on bye-laws, set up by the Council, it was decided that we should take steps to make bye-laws to classify cinemas and theatres in New Delhi area referred to in the said Third Schedule to the NDMC Act, 1994.

In the light of the above decision, the New Delhi Municipal Council (Classification of cinemas and Theatres) Bye-laws 2006, (See pages 168 - 169 ) have been drafted and placed in the next meeting of the above Committee on 7.7.2006 vide Item No. 5, wherein the Committee approved the Bye-laws and recommended to publish a notice in the newspapers for inviting objections / suggestions from the general public.

Accordingly, on 22.07.2006, notice was published in various dailies, giving 30 days time, inviting objections / suggestions from the general public. After the expiry of 30 days, only one objections has been received from IIMC, Indian Infotainment Media Corp., Goregaon (E), Mumbai. But the suggestion was out of purview of NDMC and was not valid to be taken up. The matter was put up to the Legal Consultant and he has concurred in our opinion.

4. Detailed proposal on the subject/project .

The New Delhi Municipal Council (Classification of cinemas and Theatres) Bye-laws 2006 was placed in two subsequent meetings of the Committee, framed u/s 9 of NDMC Act 1994, on 7.7.2006 and 24.11.2006. In the last meeting of this Committee, held on 24.11.2006, the said Committee approved and recommended the draft bye-laws, on Classification of Cinemas & Theatres, for placing in the next meeting of the Council.

5. Financial implications of the proposed project/subject. Nil.

6. Implementation schedule with timeliness for each stage including internal processing.

The Bye-laws will be implemented from the date of its publication in the Official Gazette. 169

7. Comments of the Finance Department on the subject .

No comments.

8. Comments of the Department on comments of Finance Department.

No comments.

9. Legal implication of the subject/project.

None.

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the subject.

None.

11. Comments of the Law department on the subject/project.

“Bye laws on classification of (Cinemas and Theatres) Byelaws 2006 have been gone through, which appears to be in order.

This issues with the prior approval of L.A.”

12. Comments of the Department on the comments of Law Department.

No comments.

13. Recommendation.

The New Delhi Municipal Council (Classification of cinemas and Theatres) Bye-laws 2006 may be approved by the Council and the same may be sent to the Government of NCT of Delhi for approval and publication in the Official Gazette.

14. Draft Resolution .

Resolved by the Council that The New Delhi Municipal Council (Classification of cinemas and Theatres) Bye-laws 2006 is approved and be sent to the Government of NCT of Delhi for approval and publication in the Official Gazette.

COUNCIL’S DECISION

Resolved by the Council that the New Delhi Municipal Council (Classification of cinemas and Theatres) Bye-laws 2006, be sent to the Government of NCT of Delhi, for approval and publication in the official Gazette. 170

ANNEXURE 171

ANNEXURE 172

ITEM NO. 6 (C-47)

Approval of NDMC (Registration and Control of Dogs) Bye-laws 2006.

Pages 170 – 240 (with annexure) 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242

Annexure end 243

ITEM NO. 07 (C-48)

1. Name of the subject/project

New Delhi Municipal Council (Registration of Cow and she-buffaloes) Bye-Laws, and New Delhi Municipal Council (Tax on animals) Bye-Laws.

2. Name of the department/departments concerned

Coordination Department / Health Department.

3. Brief history of the subject/project

Bye-laws on classification of Cinemas and Theatres, Registration of Cow and She- Buffaloes & Tax on Animals were framed and placed before the Committee constituted u/s 9 of NDMC Act 1994, in its meeting held on 26.06.2006.

The Committee decided that while bye-laws on classification of cinemas & theatres need to be framed, there is no need to frame bye-laws on registration of cow and she- buffaloes and tax on animals.

4. Detailed proposal on the subject/project

In view of decision taken by the Committee constituted u/s 9 of NDMC Act 1994, in its meeting held on 26.06.2006, it is proposed that there is no need to frame bye-laws on registration of cow and she-buffaloes and tax on animals in NDMC area.

5. Financial implications of the proposed project/subject

Nil.

6. Implementation schedule with timeliness for each stage including internal processing.

None.

7. Comments of the Finance Department on the subject

No comments.

8. Comments of the Department on comments of Finance Department.

No comments.

9. Legal implication of the subject/project.

None. 244

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the subject

None.

11. Comments of the Law department on the subject/project.

None.

12. Comments of the Department on the comments of Law Department.

No comments.

13. Recommendation.

It is recommended that the Council may decide that there is no need to frame bye- laws on registration of cow and she-buffaloes and tax on animals in NDMC area.

14. Draft Resolution

Resolved by the Council that, at present, there is no need to frame bye-laws on registration of cow and she-buffaloes and tax on animals in NDMC area.

COUNCIL’S DECISION

Resolved by the Council that at present there is no need to frame bye-laws on registration of cow and she-buffaloes and tax on animals in NDMC area. 245

ITEM NO. 08 (P-2)

1. Name of the Subject/Project Writing off a sum of Rs.28140/- due to theft of Electronic Typewriter.

2. Name of the Department Hindi Department.

3. Brief History/Detailed Proposal of the subject An Electronic Typewriter bearing No.76181 (Godrej make) was stolen from Hindi Department. The matter was reported to the Chief Security Officer on 30.7.1996 and copies were endorsed to the Director (Vig.) and Secretary, NDMC. The FIR could not be lodged. The case was sent to Vigilance and Finance Department for their observations. The Vigilance Department observed (28.7.2006) that in view of the written statement of Hindi Officer and reply of the Chief Security Officer, the case may be sent to the Finance Department for their concurrence and thereafter approval from the Secretary to write-off the cost of Typewriter be obtained as no action can be taken at this stage. After report of Vigilance Department, the Finance Department also observed that keeping in view the findings dated 28.7.2006 of the Vigilance Department, we have no objection to the proposal for writing off Rs.28,140/- the cost of the stolen electronic typewriter.

4. Detailed Proposal of the subject : For writing off the sum of Rs.28140/- the cost of stolen Electronic Typewriter.

5. Financial implications of the Proposed subject :

There is no other financial implication.

6. Implementation schedule with timeliness for each stage including internal processing. Not applicable.

7. Comments of the Finance Department The Finance observed as under :

“ We have gone through the contents of the case and correspondence placed on record. It is quite clear that the Hindi Officer had been requesting the Civil Engineering Department to provide a sliding board/bolt on the door but to no avail. Had the needful been done by CE Department, the incident of theft, in our opinion, could have been averted. Likewise, had the department/Chief Security Officer lodged an FIR with the Local Police immediately on noticing the theft, the cost of the stolen typewriter would have been awarded by the Arbitrator from the dues of the concerned security agency- M/s. Premier Safeguard. However, keeping in view the findings dated 28.7.2006 of the Vigilance Department, we have no objection to the proposal for writing off (Rs.28,140/-) the cost of the stolen electronic typewriter).

Department may note for future that in case of such eventuality, an FIR is invariably lodged with the Local Police. The Civil Engineering Department may also be requested to be careful in attending to the complaints related with the security of various officers.’’ 246

8. Comments of the Department on the comments of Finance Department.

Finance observations are noted for compliance.

9. Legal Implication of the subject :

No legal implications is involved.

10. Details of previous Council Resolutions, Existing Law of Parliament and Assembly on the subject : Nil.

11. Comments of the Law Department on the subject:

“No law point is involved, however, this has our concurrence”

12. Comments of the Department on the comments of Law Department :

Nil

13. Recommendations

The case is laid before the Council for consideration and approval for writing off the sum of Rs.28,140/- representing the cost of stolen electronic typewriter as per the findings and recommendations of the Vigilance and Finance Department respectively.

14. Draft Resolution :

Resolved by the Council that a sum Rs.28,140/-, the cost of stolen Electronic Typewriter may be written off and the Department should note that in case of any incident of theft in future, FIR must be lodged with the Local Police. It is also resolved that Civil Engineering Department may be directed to take immediate necessary action in case of Security related complaints.

COUNCIL’S DECISION

Resolved by the Council that the cost of stolen Electronic Typewriter amounting to Rs.28,140/- be written off.

Further resolved by the Council that FIR must be lodged with the local police by the Department in case of any incident of theft in future.

Further resolved by the Council that Office of Chief Security Officer will take immediate necessary action, in case of security related complaints. 247

ITEM NO. 09 (O-2)

1. Name of the subject/project

Audit Comments on Monthly Accounts for the period April-2005 to March-2006.

2. Name of the department/departments concerned

Office of the Chief Auditor.

3. Brief history of the subject/project

Sub-section Section 59(1) of the NDMC Act 1994 envisages that the Chief Auditor shall conduct a monthly examination and audit of the accounts of the Council and shall report thereon to the Chairperson, who shall publish monthly an abstract of the receipts and expenditure of the month last preceding signed by him and by the Chief Auditor. As contemplated in above provisions of the Act, Audit Comments on Monthly Accounts are prepared along with Monthly Abstracts of Receipts and Expenditure for information of the Council.

4. Detailed proposal on the subject/project

Draft Agenda Item on Audit Comments on Monthly Accounts for the period April-2005 to March-2006 (enclosed as a separate booklet) highlights the excess expenditure and receipts over budget provision, non-maintenance of records related to Suspense Accounts, difference in the books of Compilation and Cash Branch, non- accounting of amount of dishonoured cheques in books, non-remittance of Cess charges and irregularities in Bank Reconciliation Statement.

5. Financial implications of the proposed project/subject

Nil.

6. Implementation schedule with timeliness for each stage including internal processing.

Not Applicable.

7. Comments of the Finance Department on the subject

Not Applicable, since Draft Agenda Item incorporates Comments on Monthly Accounts as part of Statutory Audit function envisaged in NDMC Act,1994.

8. Comments of the Department on comments of Finance Department

Not Applicable.

9. Legal implication of the subject/project Nil. 248

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the subject

Till date six Agenda Items have been laid in the Council on the Monthly Accounts. The details of previous Council Resolutions are as under:

S.No Resolution Number and date Details of Monthly Accounts . 1. Item No.9(05) dated 8.2.05 12 Monthly Accounts for the year 2002-03 2. Item No.10(06) dated 8.2.05 12 Monthly Accounts for the year 2003-04 3. Item No.8(0-7) dated 3.3.05 03 Monthly Accounts for the period April-2004 to June-2004 4. Item No.5(0-2) dated 22.7.05 03 Monthly Accounts for the period July-2004 to September-2004 5. Item No.7(0-3) dated 28.9.05 03 Monthly Accounts for the period October- 2004 to December-2004 6. Item No.7(0-4) dated 23.11.05 03 Monthly Accounts for the period January- 2005 to March-2005

11. Comments of the Law department on the subject/project

Not Applicable, since Draft Agenda Item incorporates Comments on Monthly Accounts as part of Statutory Audit function envisaged in NDMC Act,1994.

12. Comments of the Department on the comments of Law Department

Not Applicable.

13. Recommendation

The Audit Comments on Monthly Accounts for the period April 2005 to March 2006 may be presented to the Council.

14. Draft Resolution

Resolved by the Council that information regarding audit comments on Monthly Accounts for the period April 2005 to March 2006 as reported by the Chief Auditor is noted.

15. Draft order sheet based on proposed Resolution [always on separate sheet] to be issued under Secretary’s signature.

Not Applicable, as the Audit comments on Accounts are for the information of the Council.

COUNCIL’S DECISION

Information noted by the Council.

Further resolved by the Council that the responsibility of the concerned be fixed in case of repeated audit flaws observed by the Audit Department. 249

ITEM NO. 10 (C-49)

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

Section 143 (D) of NDMC Act, 1994 provides that every contract involving an expenditure of Rs. 1 lac but not exceeding Rs.50 lacs under clause 143 (c) shall be reported to the Council. In pursuance of these provisions a list of contracts entered/executed in

November, 2006, 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

248 - 265).

COUNCIL’S DECISION

Information noted 250

Annexue

248 – 265 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 annexure end 268

ITEM NO. 11 (C-50)

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

In the Council Meeting held on 28.8.1998, it was decided that the status of execution of all ongoing schemes/works approved by the Council indicating the value of work, date of award/start of work, stipulated date of completion & the present position thereof be placed before the Council for information.

The said report on the status of the ongoing schemes/works upto October 2006 had already been included in the Agenda for the Council Meeting for the Month of November 2006.

A report on the status of execution of all the ongoing schemes/works awarded upto November 2006 is placed before the Council for information. (See pages 267 - 301).

COUNCIL’S DECISION

Information noted 269

Annexure end 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 d) Reports of Committee

PROCEEDINGS OF THE MEETING, HELD ON 24.11.2006, OF THE COMMITTEE CONSTITUTED UNDER SECTION 9 OF THE NDMC ACT 1994, FOR FRAMING OF REGULATIONS AND BYE-LAWS.

The Council in its meeting held on 19.04.2006, constituted a Committee, for advising the Council on Regulations and Bye-laws to be framed under the NDMC Act, 1994. The first two meetings of the Committee was held on 26.06.2006 and 07.07.2006. The said minutes were placed before the Council on 19.07.2006.

The 3rd meeting of the said Committee was held on 24.11.2006. The minutes of the said meeting is now placed before the Council for information (See pages 303 – 304).

COUNCIL’S DECISION

Information noted. 304

NEW DELHI MUNICIPAL COUNCIL PALIKA KENDRA : NEW DELHI

MINUTES OF THE MEETING OF COMMITTEE CONSTITUTUED UNDER SECTION 9 OF THE NDMC ACT FOR ADVISING THE COUNCIL ON REGULATIONS AND BYE- LAWS HELD ON 24.11.2006 AT 4.30 PM IN THE COUNCIL ROOM.

PRESENT:

1. Smt. Sindhushree Khullar - Chairperson 2. Sh. Ashok Ahuja - Member 3. Smt. Sima Gulati - Member 4. Shri Mukesh Bhatt - Member

Item Subject Decision No. Progress Report on present status Information noted for framing of bye-laws under the NDMC Act 1994 was placed before the Committee for information. 2 New Delhi municipal The proposal to invite objections/ suggestions from Council(Execution of Contracts) public on draft bye-laws framed under the NDMC Bye-laws 2006 Act, 1994 was approved by the Committee. Wide publicity be given through official website and publishing in newspapers. 3. New Delhi Municipal The proposal to invite objections/ suggestions from Council(Drainage) Bye-laws 2006. public on draft bye-laws framed under the NDMC Act, 1994 was approved by the Committee. Wide publicity be given through official website and publishing in newspapers. 4. New Delhi Municipal Items to be selected from the schedule of the draft Council(Dangerous or Offensive bye-laws for which the licence is not to be given by Trades) Bye-laws, 2006 NDMC and action is to be taken under section 329 of the NDMC Act to prevent use of premises in the whole NDMC area for the purposes defined under section 327 of the NDMC Act for these items. For rest of the items, quantities specified is to be reassessed. This exercise is to be done by Sh. H.R. Goel in consultation with the members of the Committee. A draft of action to be taken under section 329 of the NDMC Act alongwith modified bye-laws under section 327 is to be put up in the next meeting of the Committee.

5. New Delhi Municipal The Committee approved the draft bye-laws on Council(Classification of Cinemas Classification of Cinemas & Theatres and and Theatres) Bye-laws 2006 recommended the same to the Council for final approval. 6 New Delhi Municipal The proposal to invite objections/ suggestions from Council(Licensing and control of public on draft bye-laws framed under the NDMC 305

Plumbers) Bye-laws 2006 Act, 1994 was approved by the Committee. Wide publicity be given through official website and publishing in newspapers. 7 New Delhi Municipal The proposal to invite objections/ suggestions from Council(Filtered water supply) public on draft bye-laws framed under the NDMC Bye-laws 2006 Act, 1994 was approved by the Committee. Wide publicity be given through official website and publishing in newspapers. 8 New Delhi Municipal Following exercise is to be carried out: Council(Sanction and Public Health) Bye-laws 2006 i) Chapter ‘B’ & ‘H’ to be deleted. ii) Some machinery and mechanism to be devised for enforcing chapter which is about white-washing of the buildings. The option of carrying out the work by NDMC and recovering the cost from the owner is also to be examined. iii) Proviso of 8 of Chapter C to be deleted. iv) Proviso 12 of Chapter E to be examined. The provisions regarding exemption to Christians in view of order of Central Govt. is also to be placed before the Committee. 9. Approval of the New Delhi The Committee approved the draft bye-laws on Municipal Council (Registration Registration and Control of Dogs and recommended and Control of Dogs) Bye-laws the same to the Council for final approval. 2006

Sd/- SECRETARY 306

e) Notice of resolutions given by the members under the provision to Section 23 of NDMC Act, 1994,

No resolution has been received from the Members. 307 308

ITEM NO. 12 (A-37)

1. Name of the subject/ project :

Sub: Improvement to Palika Kendra.. SH : Improvement & renovation work on 3rd, 2nd, Ist & Mezzanine & Ground Floor.

2. Name of the deptt./deptt. concerned :

Civil Engg. Deptt., NDMC

3.. Brief History :

Palika Kendra building was constructed in the year 1983-84 and thereafter, no major improvement and renovation works have been carried out. In the present circumstances, it has been felt necessary to reorganize the space for various offices as per the present need of the day and circumstance. It was, accordingly felt necessary to improve and renovate all the floors of the Palika Kendra Building and to start with, it was decided that 3rd floor downwards to ground floor may be improved and renovated in the first instance, in view of above & to accommodate visitors & occupants. The broad objectives of the renovation and upgradation is as under:

1. Ground floor being the main entrance for the employees as well as visitors needs to be decongested and reorganized by providing a reception Centre cum facilitation center to address the users appropriately & efficiently. 2. To reduce indiscriminate entry of anyone to upper levels. 3. There is a need to create an interior reception space & should be users friendly and complimentary to the organization. 4. Appropriate graphic signage, segregation of movement of the employees, visitors & VIPs is to be designed. 5. Existing public conveniences at G.F. is inadequate and inefficient and needs upgradation. 6. Considering the large number of visitors for the 3rd floor level, to visit the Hon’ble Members of the Council, design solutions are to be explored to give better & efficient office spaces with sufficient waiting & holding area for their visitors. 7. To generate more usable area within the building design solutions, so as to reduce the traffic load on elevator 8. A modular office furniture system is to be adapted for efficiency & Transparency. 9. To provide better utilization of space by enhancing the comfort levels of the present air conditioning system. 10. An efficient/ventilated facility above the public conveniences is to be provided. 11. To provide better interior furniture. 12. Internal meeting/Conferences rooms needs to be accommodated for better interaction amongst the officers and users. 13. The entry to the 3rd floor is congested and needs to be upgraded. 14. Office spaces provided for the officers need to be replanned for better utilization of space. 15. Secretariat of the Chairperson’s office/waiting area & Secretary’s office needs to be redone. 16. Adequate waiting areas for multipurpose use of visitors for waiting and informal meetings & discussions needs to be provided. 17. Present Committee Room does not have the capacity/ambience to cater to the meetings held in this place & is to be relocated on the ground floor for better use of the Members/Dignitaries, Officer’s & Visitors etc. 18. Public conveniences for Gents/Ladies are required to be upgraded.

309

4. Detailed proposal on the subject/project:

An estimate amounting to Rs. 4,62,14,600/- has been framed based on the design, plans as submitted by the Architect Consultant is submitted to obtain the A/A & E/S from the Council. The brief summary of the cost involved in the project is given as under.

S.No. Description of Item Amount (Rs.)

1. Part –A Civil Works 1,78,93,655/- 2. Part – B Electrical Works/ 48,95,750/- Fire detection works 3. Sanitary & Plumbing Works 11,74,980/- 4. HVAC Works 1,17,49,800/- 5. Furniture (Custom made) 43,46,700/- 6. Furniture (Modular) 61,53,678/- ______Total 4,62,14,563/-

Say Rs. 4,62,14,600/-

5. Financial implications of the proposed project/subject:

The total financial implications based on the project/on the subject would be Rs. 4,62,14,600/-. This amount is on the basis of details submitted by Architect Consultant appointed for the project of Improvement to Palika Kendra.

There is a budget provision of Rs. 50 lacs exists under the Head of A/C H-1-8 vide item no. 254 during the year 2006-07.

6. Implementation schedule with timeliness for each stage including internal processing:

TENTATIVE TIME SCHEDULE

S.No Stage/Activity Target date Remarks

1. Appointment of consultant and signing of Completed. agreement. 2. Concept design and Report Rough cost P.E. etc. Completed 3. Preliminary design, drawings incorporations of Completed. modification suggested by employer 4. Working drawings, Tender documents, bill of 30.12.06 quantities, tendering process 5. Completion of work 18 months i.e 31.10.08 8. Likely commissioning of Project in all respects 31.12.08

7. Comments of the Finance Deptt. on the subject:

In view of clarification given by the deptt. as well as recommendation of E-IN-C, we concur in the PE amounting to Rs.4,62,14,600/- (Rs. Four Crore Sixty two lac lacs fourteen thousand six hundred only) for the work of Imp. to Palika Kendra as checked by 310

Planning and chargeable to head of account H-1-8 item no. 254 of BE 2006-07 subject to the following conditions :

1. The following points may be brought in sufficient detail in the draft agenda for the Council duly supported by relevant data. The P.E. as proposed at this stage by the Deptt. is concurred in to facilitate approval of the Council. However, this is subject to:

(a) As per concurrence being sought of the estimate, if revised on the basis of further notifications that may be warranted owing to technical reasons varies more than 10% of the present amount. (b) Department taking the approval of the competent authority on certain issues viz :

(i). Desirability and location of VIP lift to 3rd floor

(ii). issues relating to fire safety (iii). Layout and design of the rooms of higher authorities of the Council

(c ) All the modifications agreed to by the Consultant being given effect in the detailed estimates.

8. Comments of the Department on comments of Finance Deptt.

It is clarified as under:

1. (a & c) Due care shall be taken while making the detailed estimate, considering the modification which may be warranted due to technical reasons. However, if it is exceeded more than 10% from the present amount, the revised approval shall be sought from the Competent Authority.

(b) Approval of the competent authority shall be obtained on all the above issues as mentioned against (i), (ii) & (iii) above.

9. Legal Implication of the project:

NIL

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the Subject:

NIL

11. Comments of the Law Department on the subject/Project

No Legal issue is involved in this matter as such this has our concurrence.

12. Comments of the Department on the comments of Law Deptt.

Nil 311

13. Recommendation of CE (C-II):

The case is placed before the Council for approval of the proposal & to accord Administrative Approval & Expenditure sanction to the Preliminary Estimate amounting to Rs. 4,62,14,600/- (Rs. Four Crore sixty two lacs fourteen thousand six hundred only).

COUNCIL’S DECISION

Item has been deferred.

312

ITEM NO. 13 (B-12)

1. Name of Subject:-

Estimate for replacement of wiring and lighting fixtures at Palika Parking, Connaught Place.

2. Name of the Departrment:-

Electricity Department.

3. Brief History of the subject:-

The internal electrical installations including wiring and lighting fixtures in Palika Parking have outlived their prescribed useful life of 15 years and the same need replacement. The lighting fixtures earlier provided are now being proposed to be replaced with energy efficient CFL fittings in compliance with mandatory orders of Hon’ble LT. Governor, Delhi issued vide letter No. 11(149)/2004/Power-2386 dated 28th sept.,2006(copy enclosed). (See pages 312).

4. Detailed proposal on the subject/Project:-

The existing aluminium wiring which has outlived its prescribed useful life is proposed to be replaced with copper wiring. Initially, lighting was provided mainly with 1x80W FTL and 2x 40W FTL which are now being proposed ton be replaced with energy efficient light fixtures of 2x 36W CFL which are considered not to be prone to theft. The new fittings have a longer life and reduced consumption of electricity. The number of new fittings required are much less in number and it is anticipated that the same will further result in saving of electricity consumption say about 800 units per day which in turn of money may be around Rs. 5,600/- per day. The maintenance expenditure for new fittings will be less.

5. Financial implications:- Rs. 62,68,658/-(gross ) and Rs. 61,54,378/-(net).

6. Implementation schedule:-

The work may be executed in 3 phases against a common tender with completion of works in about 9 months time after award of work.

In first phase works may be completed at Ground Floor, so that dismantled serviceable material available viz tubes, chokes etc. etc. are used at B-I and B-II level without making any new purchase particularly for both these items-time allotted about 3 months.

In 2nd phase- works may be completed at B-I level in another about 3 months and dismantled serviceable material available may be used at B-II level. In 3rd phase works may be completed at B-II level and other left out area. The dismantled serviceable material available will be used elsewhere, where similar fittings are still available and are in service.

7. Comments of Finance Deptt.:-

Finance have concurred in the estimate amounting to Rs. 62,68,658/-(gross) and Rs. 61,54,378/- vide their Dy. No. FA-2688 dated 29.11.06 subject to following:-

(i) Approval of the competent authority. (ii) Availability of funds. (iii) Certification by the department that the proposed work would improve the overall lighting condition in the Palika Parking. (iv) Work will be got executed by adhering codal formalities. (v) Credit of old wiring would be given on the actual basis. 313

(vi) Certification by the department that the proposal is not contrary to re-development plan of Connaught Place.

8. Comments of the department on comments of Finance Department :-

(i) Approval of competent authority is being sought. (ii) Funds are available. (iii) Certified that the proposal after execution will not only improve lighting but shall also save energy charges/consumption. (iv) Works will be got done/executed by adhering codal formalities. (v) Credit for dismantled material will be given on actual basis. (vi) Certified that this proposal is not concerned with the re-development plan of Connaught Place area.

9. Recommendations of Addl. Chief Engineer (E-I):-

The works have been taken in hand for execution to avoid delay with the prior approval of Chairperson, NDMC. The estimate is submitted to the Council for consideration and according administrative approval and expenditure sanction to the estimate amounting to Rs.6268658/ gross and Rs. 6154378/- net for the above cited works as per concurrence of Finance Department. The works shall be executed by adhering to the implementation schedule mentioned in the agenda.

COUNCIL’S DECISION Resolved by the Council that administrative approval and expenditure sanction amounting to of Rs.62,68,658/- gross and Rs.61,54,378/- net is accorded for carrying out the work of replacement of wiring and lighting fixtures at Palika Parking, Connaught Place. 314 315

ITEM NO. 14 (E-11)

1. NAME OF THE SUBJECT/PROJECT :-

Hiring of 16 Nos. private tipper trucks for removal of garbage in NDMC area. Revised Estimate.

2. NAME OF THE DEPARTMENT/DEPARTMENTS CONCERNED :-

Public Health Department, NDMC.

3. BRIEF HISTORY OF THE SUBJECT/PROJECT :-

Lifting of garbage regularly and timely is the main function of the civic body. In NDMC area approx. 350 M.T. garbage is generated daily. In order to dispose this garbage approx. 60 Departmental vehicles are engaged for disposing approximately 200 MT garbage daily. Thus, 16 No. of private tipper/trucks were required to be engaged for lifting 150 MT of garbage. Twenty trucks have been condemned and replacement of the same has not been made as yet. Some Shaktiman trucks which are also not in operation due to repair as the repair is not possible because the spare parts of these trucks are not available in the market. Due to shortage of departmental vehicles a study regarding requirement/utilization of garbage vehicles was conducted by Health Department and it was recommended that in NDMC the futuristic mode of transportation of garbage should be 50% departmental vehicles and 50% vehicles to be provided by private party. Accordingly, initially, contract was given for hiring 16 private vehicles. In the prevailing contract/arrangement 50 vehicles are being provided by deptt. and balance of arrangements, 21 vehicles were provided by M/s S.A. Engg. Company, extended terms of whose contract was expired on 31.05.2006 (12 No. private tippers/trucks were awarded to M/s S.A. Engg. for a period of one year w.e.f. 01.03.2004 to 28.02.2005 vide award letter No. MOH/D-318/AAO(PH) dated 01.03.2004. The terms of above contract was expired on 28.02.2005. The terms of the contract expired on 28.02.2005 but extended upto 31.05.2006 by Chairperson on the same rates, terms and conditions. Fresh tenders were called in the month of March 2006 for 16 nos. trucks & award was given to S.A. Engineers @ Rs.14.40 per km with the date of start as 01.06.2006 and 5 additional vehicles were also continued on the same term and conditions. This way. total no. of vehicles hired are 21 nos. The approval for 16 vehicles was obtained vide resolution no. V (E-IV) dated 21-06-2006. (Copy of agenda enclosed) (See pages 315-317).

4. DETAILED PROPOSAL ON THE SUBJECT/PROJECT :-

Revised estimate has been prepared for Rs.3,36,03,300/- for the above said work, on the basis of actual expenditure incurred from 01.03.2004 to 31.05.2006.

5. FINANCIAL IMPLICATIONS OF THE PROPOSED PROJECT/SUBJECT:-

The expenditure of Rs.3,36,03,300/- has already been incurred under the head of A/c D.2.16.6 (R/M of trucks) from 01.03.2004 to 31.05.2006).

6. IMPLEMENTATION SCHEDULE WITH TIMELINESS FOR EACH STAGE INCLUDING INTERNAL PROCESSING:-

This is a matter of revised AA&ES for the work already completed & expenditure incurred with the approval of Chairperson. The date of start & completion were 01.03.2004 to 31.05.2006 respectively. 316

7. COMMENTS OF THE FINANCE DEPARTMENT ON THE SUBJECT:-

As the expenditure has already been incurred, we concur in the proposal of the department post facto for placing the case before the Council for seeking revised Administrative Approval & Expenditure Sanction for an amount of Rs.3,36,03,300/- (Rupees three crore thirty six lakh three thousand three hundred only). This is subject to i) CMO (MSW and MOH may sign the revised estimate before submitting the case to the Competent authority. ii) Correctness of information, date and computations.

8. COMMENTS OF THE DEPARTMENT ON COMMENTS OF FINANCE DEPARTMENT:-

The revised estimate has been signed by CMO/MOH. Data & computations are correct. The case has also been shown to Secretary.

9. LEGAL IMPLICATION OF THE SUBJECT/PROJECT:-

No implication

10. DETAILS OF PREVIOUS COUNCIL RESOLUTIONS, EXISTING LAW OF PARLIAMENT AND ASSEMBLY ON THE SUBJECT :-

Previous contract was approved by the Council’s Resolution No. II(E-II) dated 26.08.2004 for Rs.1,04,49,000/-.

11. COMMENTS OF THE LAW DEPARTMENT ON THE SUBJECT/PROJECT :-

Legal Adviser has seen the case.

12. COMMENTS OF THE DEPARTMENT ON THE COMMENTS OF LAW DEPARTMENT: -

As there is no legal implication the department has no comments in this respect.

13. RECOMMENDATION :-

The case may be laid before the Council for ex-post facto approval of revised AA&ES for Rs.3,36,03,300/- for the period 1-3-2004 to 31-05-2006.

14. DRAFT RESOLUTION: -

Resolved by the Council that ex-post facto sanction for revised AA&ES for Rs.3,36,03,300/- for the period 1-3-2004 to 31-05-2006 is accorded.

COUNCIL’S DECISON

Resolved by the Council that approval for ex-post facto sanction for revised AA&ES for Rs.3,36,03,300/- for the period from 1.3.2004 to 31.5.2006 is accorded.

Further resolved by the Council that responsibility be fixed for delay of finalization of tender. 317 318 319

ITEM NO. 15 (M-8)

1. Name of the subject/Project : Providing stitched Uniform to

Students of classes Nursery to XII of NDMC and Aided school for academic session 2007-08.

2. Name of the department : Education

3. Brief history of the subject project :

The Education Department had taken decision to provide stitched uniform to all students from Nry. to XII during academic session 2006-07. In this regard a tender was advertised, bids were received however the uniforms could not be procured due to some technical snags. So with the approval of Council, cash was distributed to all students.

Now for the academic session 2007-08 the department proposes to provide uniform directly to individual students through suppliers selected for the same under the supervision of class teacher and the payment to suppliers be done by the head quarter after due verification by head of the schools. The case is being taken up well in advance so that the uniforms for class II to X & XII could be distributed to students of all classes in April 2007 except Class I, VI & XI which will be distributed during July 2007.

Delhi Govt. has formulated plan schemes in Education Sector so as to facilitate implementation of schools improvement programmes and to cater to welfare of the students. The number of schemes viz. “Free supply of text books”, Uniform subsidy”, “Stipend to girls students, scholarship etc. are intended for the welfare of students.

Regarding distribution it was decided that the supplier would distribute uniform in the class room to the students. After verification and certification of receipt by Head of the School the payment to the supplier will be made from the Head Office as is done in case of Mid-day Meals.

In the Academic year 2006-07 as per new policy approved by Council in its resolution item No.12(M 2), dated:-17.05.06 appearing on P-45/N each student from Nursery to class XII would be given two sets of Summer Uniform, One set of Winter Uniform and one woolen Jersey.

4. .Detailed proposal on the subject/project :

Norms of uniform to be provided from Nursery to class XII in the Academic session 2006-07 shall be as under :- 320

SUMMER UNIFORM

S.No Category Items of Uniform 1. Nursery Half Sleeve Shirt Tunic/Half Pant Socks, Belt with Monogram. 2. Primary Half Sleeve Shirt Plain Skirt/Half Pant, socks ,Belt with Monogram 3 Middle Half Sleeve Shirt and Full Half Sleeve Kurta Salwar Pant, Socks , Belt with with Dupatta Socks , Belt Monogram with Monogram (For Girls) (For Boys) 4. Secondary Half Sleeve Shirt and Full Pant Half Sleeve Kurta Salwar socks , Belt with Monogram with Dupatta socks , Belt (For Boys) with Monogram (For Girls) 5. Sr. Sec. Half Sleeve Shirt and Full Pant Half Sleeve Kurta Salwar socks , Belt with Monogram with Dupatta socks , Belt with Monogram (For (For Boys) Girls)

WINTER UNIFORM

S.No. Category Items Of Uniform 1. Nursery Full Sleeve Shirt Full Pant, One Woolen Jersey with Woolen socks Monogram 2. Primary Full Sleeve Shirt Full Pant/Woolen One Woolen Skirt, Jersey with Monogram Woolen Socks 3. Middle Full Sleeve Shirt Full Sleeve Kurta One Woolen and Full Pant Salwar with Jersey with Woolen Socks (For Dupatta,Woolen Monogram Boys) Socks ( For Girls) 4. Secondary Full Sleeve Shirt Full Sleeve Kurta One Woolen and Woolen Full Salwar with Jersey with Pant, Woolen Dupatta.Woolen Monogram Socks Socks (For Boys) ( For Girls) 5. Sr. Full Sleeve Shirt Full Sleeve Kurta One Woolen Secondary and Woolen Full Salwar with Jersey with Pant, Woolen Dupatta Woolen Monogram Socks Socks (For Boys) ( For Girls) 321

It needs to be mentioned that a separate proposal for shoes will be submitted by the Dept. very shortly.

To ensure the timely supply of the stitched uniform to the students, it is proposed that tender for procurement of supply of stitched uniform shall be applicable for the next consecutive two year i.e.2007-08 to 2009-2010 at the same rates. however the rates of the uniforms may vary if there is any change in an admissible Governmental Tax. The quality of uniform shall be ensured by random sample checking by the Dept.at the time of supply before the commencement of a particular academic session. The payments shall be released only after the satisfactory report.

1. Financial implication of the: As the department has to provide stitched uniform in academic year 2007-08 if approved, we may, keep the estimated amount of last year with an increase of 10% on account of inflation and expected increase in enrollment in the next academic session. The total estimated amount after taking in to consideration the 10% increase works out to be Rs.2,59,07,805/- keeping the enrollment approximation as that of last year. proposed project/subject.

6. Implementation schedule with timeliness for each stage including internal processing : Three Months

7. Comments of the Finance Deptt. :

1. (NIT) should be based on the number of enrolled students. Class, uniform items to be provided and the prevailing market rates. 2. A perusal of the table containing admissible uniform items on the relevant file reveals that there is no provision for issuance of shoes. Whereas we recall that in the previous years department used to provide shoes also to the eligible school children. The department, as such may bring in the draft agendum the information as to whether the shoes are to be included in the uniform or not. It yes, the provision of the same may also be included in the draft NIT. 3. While concurring in their proposal for disbursement of cash in lieu of stitched uniform during the current academic year 2006-07,we vide our observations dated 13.11.06 on the relevant file had inter alia urged upon the department to ensure that the process initiated well in time taking care of all the difficulties faced in the procurement of uniform during the last 2 year. Accordingly, the department is advised to decide all the modalities of the entire process right from calling of tenders to the distribution of uniform to the children including the payment thereof, and then proceed with the case step by step. We would also request the department to get a sub-committee constituted and approved by the competent authority for this purpose (as was done previously) in order to get the things finalized for reaching at a timely decision on issuance of stitched uniform to school children. 4. As we know, even I summer male students of classes VI to XII wear full pants. But as per the proposal of the department at ‘XX’ on page 95/N half pants are to be provided to tese students. This may be checked and corrected, if necessary. 322

5. The Budget proposal under BE 2007-08 have not yet been finalized. The department may ensure allocation of sufficient funds to meet the expenditure likely to be incurred on this account.

8. Comments of the Department on the comments of Finance Deptt. 1. Enrolment of the students for the academic year 2006-07 has been taken on the basis of post fixation of year 2006-07 and is given as under:-

Category No. of students Nursery 3,484 Primary 14,185 Middle,Sec., Sr. Sec. 8,415 Total 26084 However variation expected in 2007-08 can be 10% plus or minus.

2. As far as the inclusion of shoes in the Summer/Winter Uniform is concerned the department is planning to publish a sperate tender documents in which reputed /branded company will be preferred as their Shoes are almost of the same cost as other companies but the durability and qualities of these branded company is better.

3. In order to work out the modalities and the process for the tender as per past practice a sub committee consisting of four Directors:- 1. Dr. Mamta Kochar Dir.(Edn.) 2. Mr. Heera Ballabh Dir.(Finance) 3. Mr. R. K. Jain Dir. (Account) 4. Mrs.Ranjana Deswal Dir.(Welf.) has been suggested and the approval of the same from the competent authority is being put-up. 4. Necessary changes have been made in the proposal. 5. Sufficient fund are being requested for in BE-2007-08.

9. Legal implication of the subject/project: : Nil

10. Details of previous Council Resolutions, existing law of Parliament and Assembly on the subject : Nil

11. Comments of Law Department on the subject/Project: Not required as AA & ES needed. 323

12. Comments of the Department on the comments of Law Department : Not applicable

13. Recommendation:

The matter is placed before the Council for kind consideration and decision on the following:

1. To adopt policy for giving two set of Uniform for Summer and one set of winter Uniform along with woolen jersey to all the students of classes Nursery to XII.

2. Administrative Approval and Expenditure Sanction to estimated cost amounting to Rs.2,59,07,805/- (Rs. Two Corers Fifty Nine Lacs Seven Thousand Eight Hundred and Five Only) for providing two set of uniform for Summer and one set of Uniform along with woolen jersey for Winter to all the students of classes Nursery to XII in the current year 2007-08.

3. Keeping in view the time taken and financial implication involved in inviting the tender and the time taken for its implementation it is proposed that the current tender will be for three years i.e. 2007-08 to 2009-10 at the same rate. However the rates of the uniforms may vary if there is any change in an admissible Governmental Tax. The quality of uniform shall be ensured by random sample checking by the Deptt. at the time of supply before the commencement of a particular academic session. The payments shall be released only after the satisfactory report.

COUNCIL’S DECISION

Resolved by the Council in principle that two sets of uniform for summer & two sets for winter be provided to all the students of Classes Nursery to XIIth in NDMC Schools.

Further resolved by the Council that matter be brought before the Council again after getting the expenditure revised due to addition of one set of winter uniform and obtaining approval of Finance Department for the same. 324

ITEM No. 16 (H-8)

1 NAME OF THE SUBJECT:

Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1)(c) of the N.D.M.C. Act, 1994; (in common parlance called “Recruitment Regulations”).

15. NAME OF THE DEPARTMENT

Personnel Department.

16. BRIEF HISTORY OF THE SUBJECT:

(I) Section 43(1)(c) of the N.D.M.C. Act, 1994 provides that the Council may make regulations in respect of the qualifications of candidates for appointment to the post of Secretary and Chief Auditor of the Council and of category “A” and category “B” posts included in the Schedule referred to in Section 34(1) of the Act, and the manner of selection for appointment to such posts. (These common parlance are called “Recruitment Regulations”).

(II) Section 43(2) of the said Act further provides that no regulations referred to above shall be made except after consultation with the UPSC.

(III) Section 387(2) of the said Act stipulates that no regulations made by the Council shall have effect until it has been approved by the Central Government and published in the Official Gazette.

(IV) The Personnel Department has proposed amendment in the Recruitment Rules for the post of Section Officer and Head Assistant providing 10% quota for direct recruitment to be filled in from DSSSB. The Recruitment Rules for these posts are Annexure A & B.

17. DETAILED PROPOSAL ON THE SUBJECT:

(i) With a view to expedite finalization of the Recruitment Regulations, it has been proposed to obtain in the first instance approval of the Council to these amendments before making a reference to the UPSC for the RR of Group ‘B’ post only for their approval. The RR of Group ‘C’ post i.e. H.A. will be adopted by N.D.M.C. and further action will be taken in this regard. 325

(ii) It is, therefore, proposed that the Council may approve the above amendment in the recruitment rules for the posts of Section Officer and Head Assistant as per Annexure A & B.

18. FINANCIAL IMPLICATIONS OF THE PROPOSED SUBJECT:

There are no additional financial implications except those already provided in the Budget Estimate of the N.D.M.C.

19. IMPLEMENTATION SCHEDULE WITH TIMELINESS FOR EACH STAGE INCLUDING INTERNAL PROCESSING.

After the approval of the Regulations by the Council, the same shall be sent to UPSC within 15 days of the approval of the Council. Upon receipt of the approval from the UPSC, the same shall be forwarded to the Government of India for approval and on receipt of the approval of the Central Govt., the same shall be sent to the Government of NCT of Delhi for publication in the Official Gazette.

20. COMMENTS OF THE FINANCE DEPARTMENT ON THE SUBJECT:

No additional financial implications are involved.

21. COMMENTS OF THE DEPARTMENT ON COMMENTS OF FINANCE DEPARTMENT.

Not Applicable.

22. LEGAL IMPLICATION OF THE SUBJECT:

There are no legal implications.

23. DETAILS OF PREVIOUS COUNCIL RESOLUTIONS, EXISTING LAW OF PARLIAMENT AND ASSEMBLY ON THE SUBJECT:

As indicated against item Nos. 3 and 4 above.

24. COMMENTS OF THE LAW DEPARTMENT ON THE SUBJECT:

Not applicable.

25. COMMENTS OF THE DEPARTMENT ON THE COMMENTS OF THE LAW DEPARTMENT.

Not applicable. 326

26. RECOMMENDATION:

It is recommended that the Council may approve the amendments in the draft Recruitment Regulations for the post of Section Officer and Head Assistant in the administrative cadre, as per Annexure A & B.

27. DRAFT RESOLUTION:

Resolved by the Council that the amendments in the Recruitment Regulations for the post of Section Officer and Head Assistant, as per Appendix A & B are approved with the directions that the RR for the post of S.O. being a Group ‘B’ Post be sent to the UPSC for their concurrence immediately and after receipt of the concurrence of UPSC, the same may be sent to Central Government for their approval and thereupon to the Government of NCT of Delhi for publication in the Official Gazette. It is further resolved that further action be taken in anticipation of confirmation of the minutes. However, the RRs for the post of Head Assistant being Group ‘C’ post be kept on record and adopted and further action taken accordingly.

COUNCIL’S DECISION

Not approved by the Council.

( KESHAV CHANDRA ) ( SINDHUSHREE KHULLAR ) SECRETARY CHAIRPERSON 327 328

ARRANGEMENT OF BUSINESS AS PER REGULATION 14 (1) OF PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1997.

OATH TAKEN BY THE NEW MEMBERS OF COUNCIL U/S SECTION 7 OF THE NDMC ACT AND REGULATION 10 AS PER NDMC PROCEDURE AND CONDUCT OF BUSINESS REGULATIONS, 1997.

a) Confirmation and signing at such meeting by the presiding officer thereof of the minutes of the last ordinary meeting or meetings or and of the minutes of any special meeting since the last ordinary meeting.

b) Questions:- No question u/s 28 of the NDMC Act 1994 was placed in the meeting.

c) Business from the Chairperson :-

ITEM SUBJECT PAGE ANNEXURE NO. 1 (A-36) Redevelopment of Connaught Place: Restoration of Façade of ‘C’ Block (sample block). 8 – 11 2 (B-11) Supply, Installation, Testing and Commissioning of HT & LT CT operated Micro Processor Based Trivector Electronic Meters of class 0.5 Accuracy. 12 - 16 3 (U-3) Fire Maintenance Services in NDMC Buildings During 2006-2007.SH: Procurement of Disaster Management & Emergency Rescue Tender in case of Unexpected calamity in NDMC area. 17 – 20 21 - 88 4 (H-7) Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1)(c) of the N.D.M.C. Act, 1994; (in common parlance called “Recruitment Regulations”). 89 - 91 92 - 165 5 (C-46) New Delhi Municipal Council (Classification of Cinemas and Theatres) Bye-laws 2006. 166 – 167 168 – 169 6(C-47) New Delhi Municipal Council (Regulation and Control of Dogs) Bye-laws, 2006. 170 – 175 176 – 240 7 (C-48) Bye-laws on Registration of Cow and She-Buffaloes & Tax on Animals. 241 – 242 329

8 (P-2) Writing off a sum of Rs. 28140/- due to theft of Electronic Typewriter. 243 – 244 9 (O-2) Audit Comments on Monthly Accounts for the period April- In separate 2005 to March-2006. B o o k l e 245 - 246 t 10 (C-49) Contracts/Schemes involving an expenditure of Rs. 1 Lac but not exceeding Rs. 50 Lacs. 247 248 – 265 11 (C-50) Action Taken Report on the status of ongoing schemes / works approved by the Council. 266 267 – 301 12 (A-37) Sub: Improvement to Palika Kendra. SH : Improvement & renovation work on 3rd, 2nd, Ist & Mezzanine & Ground Floor. 306-309 13 (B-12) Estimate for replacement of wiring and lighting fixtures at Palika Parking, Connaught Place. 310-311 312 14(E-11) Hiring of 16 Nos. private tipper trucks for removal of garbage in NDMC area. Revised Estimate. 313-314 315-317 15(M-8) Providing stitched Uniform to Students of classes Nursery to XII of NDMC and Aided school for academic session 2007-08. 318-322 16(H-8) Regulations relating to the qualifications of candidates and manner of selection for appointments to posts referred to in Section 43(1)(c) of the N.D.M.C. Act, 1994; (in common parlance called “Recruitment Regulations”). 323-325 326-327

d) Reports of Committee

PROCEEDINGS OF THE MEETING, HELD ON 24.11.2006, OF THE COMMITTEE CONSTITUTED UNDER SECTION 9 OF THE NDMC ACT 1994, FOR FRAMING OF REGULATIONS AND BYE-LAWS.

e) Notice of resolutions given by the members under the provision to Section 23 of NDMC Act, 1994,

No notice of resolution has been received till date.

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