LALITHA MAHAL PALACE HOTEL MYSORE-11 INDIA TOURISM DEVELOPMENT CORPORATION LIMITED UNIT: LALITHA MAHAL PALACE HOTEL MYSORE-11 SHOPS AVAILABLE ON LICENCE BASIS Sealed tenders in separate envelops superscribed with “Technical Bid and Financial Bid” Tender for __________________ (indicate the shop no and items earmarked) for licensing of shops at Lalitha Mahal Palace Hotel Mysore are invited from interested, experienced and financially sound parties. Details of shops proposed for licensing and terms and conditions are as under. A. PARTICULARS OF SPACE PROPOSED TO BE LICENCED. Sl Area Sq Ft Type of Items for trading/exhibition Location No (approx) area 01 52.22 Counter carrying on business of Tours and Main lobby near Maharaja No 02 Travels, Air, Train and Bus Lift Ticketing Only 02 337.20 Parlor Beauty parlor, with facilities for Behind The main Marble 02 massage (both male and female) Stair case plain door entrance 03 43.00 Counter Sale of Books, Toiletries, Left side of the main no 01 Cosmetics, Medicines Only corridor at the main entrance LALITHA MAHAL PALACE HOTEL MYSORE-11 B.TERMS AND CONDITIONS: 1. Cost of tender form : Rs 200.00 (non refundable inclusive of all taxes) 2 Last date for issue of tender forms : 12.12.2009 3 Last date for receipt of tender forms (Both : 17.12.2009 up to 3.00 pm Technical and Financial bids) duly filled in along with all required documents and EMD 4 Date of opening of Technical Bid : 17.12.2009 by 4.00 pm (Technical Bid) in the presence of attending tenderers or their representatives 5 Earnest Money Deposit : Rs 100000.00 (Rupees One lakhs Only) (tenders without EMD will not be considered) 6. The tenderers should deposit EMD as shown above in the form of Demand Draft/Pay Order in favour of Lalitha Mahal Palace Hotel Mysore-11or Cash payable at our Cash Counter and the receipt should be enclosed along with completed Tender Form. 7. Date of opening of financial bid will be intimated to technically qualified tenders individually 8. Tenderers can also download the form from our hotels web site www.lalithamahalpalace.in , www.tenders.ashokgroup.in, www.tenders.ashokgroup.com and www.tenders.gov.in and pay the cost of tender form of Rs 200.00 by Demand Draft in favour of Lalitha Mahal Palace Hotel Mysore along with the tender forms. Without the cost of tender form, tenders will not be considered. 09. Tenderers can inspect the area earmarked and in case any clarifications are required same can be obtained from concerned officers between office hours. 10. Management reserves the right to accept or reject any or all tenderers without assigning any reasons there off. (GENERAL MANAGER) Enclosures: Annexure I to V LALITHA MAHAL PALACE HOTEL MYSORE-11 INDIA TOURISM DEVELOPMENT CORPORATION LIMITED UNIT: LALITHA MAHAL PALACE HOTEL MYSORE-11 Annexure I TENDER FOR _____________________________ Tender Form No : 01 Last Date : Time : To, The General Manager LMPH Mysore-11 Dear Sir, I /We the undersigned having gone through the blue print, tender documents inspected the site/premises, conducted due diligence and having read all terms and conditions thereof, submit the following tender documents: i. Particulars of the tenders. ii. The information and instructions and annexures thereto duly signed by me/us in token of having read understood and agreed to the same. iii. Draft licence deed duly signed by me/us in token of having read and understood each and every clause contained therein and agreed to the same. iv. Physical inspection/blue print of the premises given on licence in token of having known the measurement of total area and its location and other relevant details. 2. My/Our tender is valid for a period of 90 days from the date of opening of financial Bid. I/we are fully aware that no change or amendment in the terms and conditions of the tender are permitted due to any reason. In case I/we withdraw this tender before this period or delay to commence the business operations within the stipulated period the Earnest money deposit shall stand forfeited. 3. I/we agree to use the premises for running the business awarded only and shall not be used for any other purpose/business. 4. I/We agree to submit an affidavit duly supported by the bankers solvency certificate and other documentary evidence regarding my/our official standing/soundness and shall not charge or alienate my/our interest in the premises possessed and disclosed by me/my/our interest in the premises possessed and disclosed by me/us (as per list enclosed) during currency of the agreement. LALITHA MAHAL PALACE HOTEL MYSORE-11 5. I/we agree to abide by all the terms and conditions as contained in the tender documents. I /we have understood that the conditional tender will be liable for rejection. Further I/we have understood that the decision of management is final and is not bound to accept the highest or any other tender, it may receive and the expenses incurred by the tenderer in preparing or submitting this tender or presentation etc will not be reimbursed or paid. 6. I/We agree to sign the regular agreement after completing the entire formalities including furnishing of security deposit (as per details given in clause no 31 of draft licence agreement) etc within the stipulated period of 30 days from the issue of LO1 with ITDC Unit Lalitha Mahal Palace Hotel Mysore embodying all the terms and conditions of the tender before taking over the job of running business at the proposed premises. I /we further agree to complete the construction/renovation works, installation and commissioning of equipments etc to start the actual operations within 90 days from the date of signing of agreement without any damages to the property of the company. 7. I/we agree that the licensor can grant the choice of maximum two outlets in a unit and three in a city to me/us in the event of my/our emerging as H1 in more than two premises/outlets in any one category or among all the categories. I/we also agree that if I/we am/are the existing licencee in two premises/outlets I/we can be granted licence of only one outlet in the city. 8. I/we agree that ITDC Unit: Lalitha Mahal Palace Hotel Mysore reserves the right to reject any or all tenders without assigning any reasons thereof. Signature of authorized Representative Name Address Tel No Dated: LALITHA MAHAL PALACE HOTEL MYSORE-11 ELIGIBILITY CRITERIA AND TERMS AND CONDITIONS FOR LICENSING OF SHOPS 1. Financially sound parties having 2 years minimum experience in the trade need only apply. 2. The necessary documents in support of the financial soundness must be enclosed with the technical bid i.e., latest Income-tax clearance certificate and income tax assessment order filed and bank certificate about credit worthiness. 3. The individual/firm and its partners. Company including its directors applying for the shop should not have any criminal record. Persons/firms/companies against whom any types of criminal proceedings are pending before nay court in India or abroad shall not be considered. 4. Any information/documents furnished by the tenderer if found incomplete/false at any time the ITDC (Hotel management) will be at liberty to take action as deemed fit including termination of shop licence forthwith. 5. The Earnest Money Deposit except of the highest tenders will be refunded within 15 days of the close of tender. 6. The declared successful tenderer shall arrange to deposit security deposit in cash equivalent to licence fee of six months before taking possession of shop. The adjustment of the Earnest Money Deposit towards deposit is permitted. However the highest tenderer can also deposit cash equivalent to licence fee of three months and the balance amount of three months licence fee through bank guarantee (to be issued by any nationalized Bank. 7. The successful tenderer will have to execute necessary licence agreement as per draft enclosed on a non-judicial stamp paper of Rs 200.00 before taking possession of the shop. The draft licence agreement is subject to amendment as deemed fit by the management. 8. The amount of licence fee will be exclusive of taxes. The taxes in force or which may come in force subsequently including the revision in the rates of taxes applicable to ITDC (Hotel) will be payable over and above the amount of licence fee by the successful tenderer. 9. In the case of partnership concern the attested true photocopy of the registered partnership deed is to be annexed. 10. In the case of Hindu undivided family an income tax registration certificate is to be annexed. 11. In the case of limited company, private or public printed copies of memorandum and articles of association are to be annexed. Further authority of the signatory to the contract should also be proved to the satisfaction of the corporation by annexing the attested photocopy of the necessary resolution of Board of Directors. 12. Period of Licence: TWO years from the date of offer GENERAL MANAGER LALITHA MAHAL PALACE HOTEL MYSORE-11 ANNEXURE II INDIA TOURISM DEVELOPMETN CORPORATION UNIT: LALITHA MAHAL PALACE HOTEL MYSORE-11 TECHNICAL BID To, The General Manager ___________________ ___________________ Dear Sir, In response to your advertisement in the _____________ and after having inspected the shop/shops I /We hereby submit Technical Bid for consideration for licensing of shop in the shopping arcade of your hotel for display and sale of _______________________________________ (specify items) __________(area in sq ft)______________ (shop no/ location) The detailed particulars about myself/firm/company are as under: 1.Name of the applicant: ______________________ Son/Wife/Daughter of Shri ___________________ Age _________ nationality _______________ 2. Name of the Firm/ company Address Permanent _______________________ Postal _______________________ Telephone No Office ________________________ Residence ________________________ LALITHA MAHAL PALACE HOTEL MYSORE-11 1. Name of the tenderer son/wife/daughter of Age ____ years __________________________ 2. Full Address __________________________ Name of the firm/company address (permanent including registered office) __________________________ Telephone No Office __________________________ Residence __________________________ 3. Status of tenderer (whether sole proprietor /Hindu undivided family business/partnership/consortium/Joint Venture/limited company ______________________ 4. Status of the signatory of the tender in case of Hindu undivided family business/ partnership/limited company. ______________________ 5. Name and address of bankers (satisfactory performance certificate from bankers to be enclosed). ______________________ 6. Trade (copies of audited balance sheet for the last three years to be enclosed) ______________________ 7. Past experience in the trade (a brief to be enclosed) ______________________ 8 Particulars of income tax last assessment with permanent account number (photocopy to be enclosed) ______________________ 9 Particulars of earnest money deposit (EMD) ______________________ 10 Declaration about no change in business status as well as character record to be given The information given above are true to my knowledge and belief and no misrepresentation has been made there in SIGNATURE OF TENDERER (PLEASE STRIKE OFF WHICHEVER IS NOT APPLICABLE) Note: LALITHA MAHAL PALACE HOTEL MYSORE-11 1. In the case of sole proprietary concern the name of the sole proprietor father/husband’s name, nationality, age, residence and office phone numbers are to be indicated. 2. In case of partnership concern the Photostat copy of the registered partnership deed is to be enclosed. The partnership deed should state specifically that a particular partner or partners are authorized to deal with any matter of company. Certified Photostat copy of the Income Tax assessment of the partnership firm as well as individual partners (for last 3 years) are to be submitted. 3. In the case of Hindu undivided family firm an income tax registration certificate is to be enclosed in addition to the above as per (2) 4. In case of Limited Company, printed copies of memorandum and articles of Association as well as last three annual reports of audited accounts/other relevant documents are to be annexed. Authorisation by the Board of Directors in favour of the signatory of the tender as well as all other documents on behalf of the company may be attached. 5. A declaration is to be recorded by the authorized signatories of the tender that no change in the status of sole proprietorship Hindus Undivided family/partnership/company (as the case may be) will take place from the date of submission of tender and during currency of the licence agreement if entered into with them. In case any change is necessary in the overall interest of the business/purpose for which the premises is licenced it will be with the prior written approval of the company/licensor, failing which the licence agreement will be terminated the sole directions of the company. It is also to be certified that there is no criminal record of the tenderer/applicant/proprietor/managers/partners/Directors) or their close relatives affecting the business/profession under this licence. LALITHA MAHAL PALACE HOTEL MYSORE-11 ANNEXURE III INDIA TOURISM DEVELOPMENT CORPORATION UNIT: LALITHA MAHAL PALACE HOTEL MYSORE-11 TENDERER SHOULD READ THE FOLLOWING INFORMATION AND INSTRUCTIONS BEFORE SUBMITTING THE TENDER. 1. Tenderer in his own interest should inspect the proposed premises/place before submitting tender. 2. The tender complete in all respect be submitted in a sealed cover super scribing on the top “Tender for ________- due to be opened on dated ______________ at ____________(time) addressed to ___________________ and put in the tender box placed in the office of Sr- manager-Accounts by the stipulated date and time. The management shall not be responsible for nay loss o delay in receipt of the tender by post. 3. The tenderer shall submit financial bids as well as technical bids with enclosures in separate sealed covers which may be put together in the main sealed cover. Management will open the technical bid first. The tenderers who will be technically suitable will only be considered for financial bid. 4. Each tenderer shall deposit Rs 100000.00 (rupees one lakh only) towards earnest money in the form of bank draft drawn on any nationalized bank in favour of Lalitha Mahal Palace Hotel payable at Mysore. The earnest money can be deposited in cash also with the front office cashier. The receipt issued by hotel cashier may be enclosed with the tender. Tenders received without earnest money deposit shall be summarisedly rejected. Cheque will not be accepted. Earnest money deposit of unsuccessful tenders shall be refunded after expiry of validity period of the tender. In the case of successful tenderer earnest money deposit will be adjusted towards security deposit or it may be forfeited in case the successful tenderer refuses to accept the award of licence or fails to complete the required formalities and occupy the premises within the specified and permitted time and delay in starting the actual operation beyond the permitted time under the licence. 5. The annual amount of licence fee plus applicable taxes if any for a period of TWO years should be quoted clearly in words and figures. The licence fee is payable through advance monthly post dated cheques submitted at the time of signing of agreement. Dishonor of any cheque will attract interest @18 p.a in addition to dealing of the case under the provisions of negotiable instruments act. 6. The company will provide air conditioned/non AC space measuring about ____ sq ft being used as _____ and as indicated in the blue print/tender documents enclosed as part of the tender documents. 7. The tenderer will ensure at their own cost the renovation of allotted area including demolition of structure construction furniture and fixtures light and equipments sound system etc along with arrangement of machines equipment and other required items for their use. 8. The tenderer will ensure to arrange staff including their uniform at their cost. Credentials of the staff as well as parties/directors/owners/proprietor/ trustees will be got verified by the tenderer from public authorities and a copy thereof be submitted to the company before start of LALITHA MAHAL PALACE HOTEL MYSORE-11 operations. The pattern and design of the uniform will be got approved from the General Manager of the hotel. 9. The tenderer will ensure arrange all operational needs as per nature of business including housekeeping and pest control services and also bear the cost of maintenance of all their equipments furniture and fixtures. Maintenance of building and air conditioning system (if provide) will be attended by the hotel. 10. The tenderers will arrange advertisement and publicity for promotion of their business. All advertisement and publicity material will be subject to approval of General Manager of the Hotel. 11. The tenderer will pay electricity consumption for light sound and other equipments used at the premises at a tariff fixed by the appropriate authorities (from time to time) plus 10% to cover administrative costs. The tender will pay an advance equivalent to two months electricity consumption charges. The amount of advance so received will be subject to revision of electricity tariff or consumption from time to time. 12. The tenderer will deposit and keep deposited interest free security deposit in cash equivalent to 06 months licence fee. The security deposit will be valid for a period of ______ months/years (three months extra over the licence period) 13. The tenderer should obtain and keep in force all ancillary licenses at their cost. 14. On award of licence thorough letter of intent the tenderer will ensure completion of all formalities and to sign the licence agreement within 30 days of receipt of the award. 15. All taxes and government levis as applicable from time to time like expenditure tax, entertainment tax, sales tax etc if any will be payable over and above the amount of licence fee by the tenderer. The licence fee and taxes in force or which may come in force will be payable in advance thorough post dated cheques for the entire period of licence. In case the banker is changed at any stage all post dated cheques for the period is to be given fresh without delay under intimation to the management 16. The licence deed shall be executed on the lines of information/instructions/terms and conditions as stipulated in this annexure. However the terms and conditions are only the guidelines and can be modified deleted or added to at the time of actual signing of the licence/contract without major deviations. 17. The existing lay out plan of the proposed premises to be licensed is enclosed. The tenderer may submit their interior scheme with proposed cost along with their offer. 18. The tenderer will pay for all structural or any other damages during the period of licence as well as during renovation although the renovation will be under guidance of the engineer in charge/head of the unit. 19. The tenderer will be responsible and liable to pay and settle for all kinds of claims made by the gests towards operational deficiencies physical damages etc. 20. The tenderer will take comprehensive insurance to cover all type of damages to the property and casual/walk in guests his staff stocks stores spares equipments etc. LALITHA MAHAL PALACE HOTEL MYSORE-11 21. The standard of facilities provided should be at par with the hotel standard. 22. No change in the status of the tenderers will be allowed after submission of tender and during currency of the agreement without prior written approval of the company as per clause ___ of the licence deed. 23. The tenderer must quote fixed licence fee on annual basis. The amount licence fee must be quoted in figures and words. The successful tenderer shall deposit an amount equal to 6 months licence fee as interest free security deposit with the management and also 12 postdated cheques of annual licence fee. 24. The tenderer will bear the telephone bills and pay regularly in time at the rate of applicable to other licencees. LALITHA MAHAL PALACE HOTEL MYSORE-11 ANNEXURE IV INDIA TOURISM DEVELOPMENT CORPORATION UNIT: LALITHA MAHAL PALACE HOTEL MYSORE-11 FINANCIAL BID To, The General Manager Lalitha Mahal Palace Hotel Mysore-11 Dear Sir, I/We the undersigned having inspected the premises for ________________________ and having read the important instructions and draft licence agreement in this regard make the following financial bid:- That I /We will pay a fixed sum of Rs _________________ (In words ___________________________________________________ only) as fixed licence fee plus all taxes as applicable per month to hotel. That the decision of Lalitha Mahal Palace Hotel will be final and undisputable in accepting or rejecting my /our offer. Signature : Name : Address : Dated: LALITHA MAHAL PALACE HOTEL MYSORE-11 ANNEXURE V REGISTRATION FORM Tender for _________________________________ 01.Name and Address of the Firm: 02.Name of the Proprietor/Partner: 03.Father’s/Husband’s Name: 04.Age: 05.Telephone No: Office______________Shop_____________Mobile____________ 06.Name of the Bankers with full address and Account No. : 07.Status of the firm. Sole Proprietorship/ Partnership concern(Please state whether Registered/unregistered) with supporting Documents such as Partnership deed etc., 08.Previous experience in the same trade with names of Hotels/Institutions served with supporting documents (Xerox copies must be attached) 09.Last assessment of Income Tax and Clearance Certificate (Photostat Copies must be attached) 10.Income Tax Permanent Account No: (Photostat Copy must be attached) 11.Whether registered under KST/CST: Yes / No If registered give Regn.Numbers : KST_________________CST_______________ 12.Means of transport kept (Xerox copies of Regn.Certificate to be enclosed) 13.Earnest Money Deposit of Rs._________________paid vide Rect.No._____________ ______Dt.__________OR Demand Draft No.______________Dt.______________on ___________________Bank enclosed. 14.Address and Telephone No. Where the orders should be placed: (Signature with Seal of the tenderer) Place: Date: LALITHA MAHAL PALACE HOTEL MYSORE-11 LICENCE DEED THIS DEED OF LICENCE is made on this the of (Month, Year) between India Tourism Development Corporation Limited, Unit Lalitha Mahal Palace Hotel, Mysore having its Registered Office at Scope Complex, Core - 8, 7 – Lodhi Road, New Delhi - 110 003 through its General Manager, (hereinafter called the Licensor ), which expression shall unless the contents otherwise required shall mean and include its successors and assignees of the one part: AND M/s. a Proprietor concern firm registered / incorporated under Indian Partnership Act / Companies act 1956 having its principal Office of Business / Registered Office at Mysore through its proprietor ( hereinafter called the Licencee ) of the other part. Where as the LICENSOR is the absolute owner in possession of all that land building of Lalitha Mahal Palace Hotel, Mysore which is a Public premise as defined under the Public premises (Eviction of Unauthorized occupants) Act, 1971; AND WHEREAS, as the Licencee is desirous of obtaining the privilege of, and has approached and applied to the Licensor for grant of Licence with respect to a space measuring Sq.Ft Ist for the purpose of carrying on business of Sale of situated in Lalitha Mahal Palace Hotel, Mysore , under the control and administration of the Licensor ; AND WHEREAS, the Licensor is willing to accede to such request and grant to the Licence such liberty, leave and Licence desired by the Licencee to the extent and subject to the terms and condition hereinafter contained. I. PERIOD OF LICENCE & RENEWAL 1. This Licence is granted for a period of Two years commencing from to and shall expire subject to the provisions for earlier termination herein after contained. 2. The Licence may be renewable at the option of the Licensor on the expiry of the period stipulated under cl. 1.and on such terms and conditions as the Licensor may impose in his own discretion. The duration of the extended period shall be determined by the Licensor but will not be for more than two years for each such extension. The Licensee will apply for the renewal of his Licence six (6) calendar months before the expiry of the licence and on failure to do so, the Licensor will be free to negotiate with and to allot the Licensed Space to any other party. It is also clearly understood by and between the parties that the Licensor will exercise the sole discretion with regard to the renewal of the licence and also the terms and conditions of the renewed licence and the Licensor decision to in this regard shall be final and binding on the Licencee. 3. At the time each such renewal, the Licencee shall execute a fresh Licence deed in respect of the premises given on Licence to it. In case the licencee fails to get the Licence renewed for the period coming in to effect from the expiry of this Licence deed, the licencee shall be considered to be in unauthorized occupation of the Licensed space and the licensor shall be within its right to initiate proceeding under the due process of law. 4. If any fresh License agreements / deed is not executed for any reason, whatsoever, thirty (30) days prior to the expiry of the initial period of Two years granted here LALITHA MAHAL PALACE HOTEL MYSORE-11 under, it will be presumed that licencee has not been renewed and the use of the premise by the licensee, after such date shall be considered as unauthorized. The licensor shall be at liberty to enter into such arrangements as it may deem fit, with any other party permitting the use of the premises by such other party after the expiry of the initial period of licence with the licensor and the Licensee shall not interfere with the same directly or indirectly nor shall cause any damage, loss very good expenses to the company in this regard. II LICENCE FEE & SECURITY DEPOSITS 1. The Licencee shall pay a sum of Rs. ( Rupees Only) plus applicable tax per annum, as Licence fee to the Licensor, during the period of the agreement 2. In addition to the aforesaid Licence fee, the Licencee shall remit all other levies and taxes that may be imposed by way of any legislation by the union government or by the government of the state or any other statutory Body, as applicable during the currency of the Licence Deed. 3. That the Licencee shall pay to the Licensor, the Licence fee along with taxes in force at present for the said period of Licence of TWO years in advance, in MONTHLY installments. Accordingly the Licencee shall remit the amount of licence fee plus Taxes in force at present through Monthly post dated cheques with clear understanding / undertaking for honoring thereof on due dates as per details mentioned at Annexure “ A” forming part of this licence Deed. 4. In the event of failure to pay the licence fee on the stipulated date, an interest @ 18% p.m. shall be charged beginning from the first day of the month / quarter / year to which the Licence fee pertains. 5. The Licencee shall deposit and keep deposited with the Company a sum equivalent to licence fee of six months in cash (or three months in cash and three months in the form of bank Guarantee) to be kept as interest free security deposit for due and complete performance of the terms and conditions of licence herein contained. 6. Any payment made by the Licencee after the expiry of the Licence agreement or termination of the Agreement and till execution of new Agreement or renewal of the Agreement shall be treated by the Licensor as damages and not licence fee except payments made towards outstanding licence fee pertaining to a period prior to the date of termination on expiry of the Licence Agreement as the case may be. The fact that the Licence terms any such payment as licence fee and not damages shall not alter the nature of such payments. III EMPLOYEES OF THE LICENSEE 1. The Licencee, in connection with carrying on his business the licensed premises, will only appoint persons having good character, well -–behaved, skill – ful in the business after necessary character verification form local police authorities. If the Licence employs any person or persons to manager the business to be carried on under the provisions his Licence, such person or persons shall be required to carry on all the obligations provided under this Licence. 2. The Licencee shall furnish to the company a list his / their employees indicating names, parentage, age, residential address and permanent address and specimen signature along with two photographs for each of them. LALITHA MAHAL PALACE HOTEL MYSORE-11 3. The company shall be at liberty to forbid the employment of any person whom it may consider as undesirable character. The person „s employed by the Licencee shall be subject to general discipline of the company and confirm to such direction as may be issued in respect of routes of entry departure to the form the Hotel premises etc. 4. It is also agreed by the Licencee the persons engaged by him shall not loiter or use the public areas such as Lounge, Lawn, Swimming pool, Wash Room, Clock Rooms which are exclusively meant for guests and if any irregularity is found, the company will bring it to the notice of the Licencee for proper action in the matter. In case no action is taken by the Licencee, the company will have sole right to terminate the licence. 5. The Licencee shall keep his employees well – dressed or may order to wear uniform as may be prescribed by the company for easy identification and check. In case the Licensor finds any of the staff of the Licencee both dressed properly as per the Uniform prescribed or the same is not in order for reasons of cleanliness etc., the Licensor shall be at liberty to turn out such staff of the licencee and prohibit his entry in the Hotel till such time the person is well dressed to the satisfaction of the Licensor. 6. The Licencee or members of his staff or his representatives shall not visit any guests of the Hotel in his room or come near the main entrance, lobby and other public areas of the Hotel. The will keep themselves strictly confined to the licensed space. 7. The Licencee, the members of his staff or his representatives shall not do any act which may be derogatory to or inconsistent with the Hotel‟s high standards and reputation as a modern luxury Hotel or its business or cause nuisance to the management of the Hotel or its customers or visitors. At the instance of the Licensor, the Licencee shall discharge from service any employee who is charged with such misconduct or found acting in contravention of general rules of the company. 8. The Licencee when called upon by the company, make available himself of any of his / their employee for evidence before the Inquiry Officer appointed by the Company or Competent Court in connection with the disciplinary proceedings against any of its employee, if the act of misconduct had happened in his / their presence. 9. The Licencee shall, when called upon the Licensor submit all or any or their employees for medical examination by any Doctor appointed by the Licensor to check if any of them have any disease contagious or dangerous to human life and health and if in the opinion of the Licensor it shall appear necessary to withdraw any employee from the Licensed space, the Licencee shall do so forthwith, and in the event of the Lice se‟s failure to do so, the Licensor shall be at liberty to refuse admission to such an employee to the premises of the Hotel. 10. The employee of the Licencee shall not seek regularization in the services of the ITDC or the Company at any point of time. The Licensor shall not in any way be liable for any claims arising out of the relationship of master and servant between the Licencee and his employees. If the Licencee employs or engages any person or persons, he / they shall be the servants of the Licencee, in all respects and all responsibilities under any act or other laws and labour law shall be of the Licencee alone and the Licensor shall not be liable for any claim on the Licencee on account of workman Compensation or otherwise. IV TERMINATION OF LICENCE 1. If the Licencee commits a breach of any of the terms and conditions herein contained of the Licence Deed, the Licensor shall be at liberty to revoke of the Licence forthwith and, without prejudice to any other right of the Licensor in that behalf, to forfeit the security deposit either in whole or in part as they may deem fit. Except as stated in the preceding LALITHA MAHAL PALACE HOTEL MYSORE-11 sentence, the security deposit will be refund without any interest and after deducting any dues form the Licencee within three months of the date of determination the licensing arrangements. Further the Licensor shall have right to deduct and adjust any amount towards any damage caused by the licencee to the property of the Licensor otherwise. 2. In case the Licensee commits any breach or infringement of any of the terms and condition of the Licence, by his act or omission, the Licensor shall have further right to cancel or terminate the licence after giving three months notice. The opinion of the General Manager of Lalitha Mahal Palace Hotel, Mysore and / his nominee shall be final binding on the point whether or not any breach has been committed. The Licencee shall not terminate the Licence before the expiry of the period of the Licence except by giving SIX months advance notice in writing. In case the Licencee terminated or abandons the Licence prior to the above said period of notice, the Licencee shall be liable to pay liquidated damages equivalent to the Licence Fee payable to the Licensor for the unexpired notice period. On termination of the Licence, the Licencee shall have no right under the Licence and shall further have no right to enter the premises of the Hotel as a Licencee. The Licencee shall remove his articles and goods from the Licensed space within such period as may be informed by the Licensor and in case the Licencee does not remove his articles and goods the same shall be removed by the Licensor at the risk and cost of the Licencee and the Licencee shall have no claim what so ever on this account against the Licensor. The Licensor shall, however have lien over the goods and the article and the Licencee shall not be allowed to remove the same unless all the dues of the Licensor have been paid by the Licencee. The Licensor also reserves the right to auction the materials and goods of the Licencee if the Licencee does not remove the goods and articles within a reasonable time after clearing all outstanding dues. In such as event, the Licensor shall adjust the auction proceeds with the amount due and return the balance of the Licencee. 3. Upon the expiry of the period of this Licence or earlier termination of the Licensee for any cause whatsoever, the Licencee shall have no right to carry on business at the said licensed space. The Licensor shall have undisputed right to make use of the said licensed space this discretion thereafter. It will be lawful for the Licensor without notice to enter upon the licensed space after the termination / expiry of the Licence. 4. In the case of such breach of the terms of this licence as minor offenses and complaints coming to its notice for which in the opinion of the Company this Agreement need not be terminated, the company may at its discretion recover compensation from the Licencee. The decision of the company in this respect will be final and binding on the Licencee. V. APPLICABLE LAWS AND NOTICE 1. In respect where provisions of public premises (Eviction of Unauthorized Occupants) Act, 1971 can be invoked by the Licensor in respect of the Licensed Space the provisions of the said Act shall apply. In respect of any other disputes or difference relating to the terms of his Licence Deed, the matter shall be referred to the sole arbitration of the General Manager Lalitha Mahal Palace Hotel, Mysore or any other person appointed by his in this behalf. The award given by the Arbitrator shall be binding upon the parties. It is specifically agreed by the Licencee that it will have no objection to any such appointment that the arbitrator so appointed is an employee of the Licensor or he has already expressed view on, for or any of matters dispute or difference. The arbitrator so appointed shall have power to extend the time for making an award. Save as above, the said Arbitrator shall act under provision of the Arbitration and Conciliation Act, 1996. Except as above only Delhi Courts will have Jurisdiction LALITHA MAHAL PALACE HOTEL MYSORE-11 2. That the powers conferred upon the company by this licence agreement and all notices consents directions and approvals to be given by the Management shall be in writing and may unless otherwise expressly provided to any of the conditions aforesaid be exercised by general manager of Lalitha Mahal Palace Hotel Mysore or any other officer so authorized for the purpose . Any notice to be served on the licencee shall be deemed to the shop at Lalitha Mahal Palace Hotel Mysore or sent by registered post addressed to the licencee at heir registered office or the last known place of business or residence of any of the partner of the firm/proprietor who are entering into the agreement. Any notice to be served on the company by licencee shall be deemed to be sufficiently served if delivered under signatures in the office of General Manager or sent by registered post addressed to the General Manager Lalitha Mahal Palace Hotel Mysore the period of notice under this agreement will count from the issue of notice by either rise. VI. CONVENANTS OF THE LICENSOR 1. The licencee shall be provided with electricity air conditioning and telephone. If any damage is done to the electrical installation or air conditioning ducts, fittings ot otherwise by the licencee shall be entitled to recover the same from the licencee, together with the cost of repair and replacement. The decision as to the determination on cost by the licensor shall be final binding on the licencee. 2. The charges for the electricity consumed that other service shall be paid by the licencee to the licensor at the time of paying the licence fee on monthly basis or other wise on the presentation of the bill. The licencee shall pay for electricity consumption for electric gadgets/equipments (other than central air conditioning) at he tariff fixed by the appropriate authorities from time to time plus 10% to cover administrative cost of the hotels. The estimate on electricity charges shall be carried out by Engineer in charge of the hotel. Water will also be charges as per he actual consumption and as per the rates prescribed by the concern authorities. Failure on the part of the licence to pay the above charges shall entitled to the licensor to withdraw one or all the facilities and the licensor shall have further right to stop the entry of the licencee in the said space till such times the aforesaid service charges are paid by the licencee to the licensor. 3. The licensor may if requested by the licencee in writing provide a telephone connection on a fixed monthly charge for the exclusive us of the same from the main exchange of the hotel. The local calls, trunk calls would be recorded and charged at such rate as may be fixed from time to time by the licensor. For trunk calls actual charges for calls will be recovered. The licencee shall pay the charges and rental within seven (7) days of presentation of the bills, failing which the telephone facilities will be withdrawn and the apparatus will be removed. VII. CONVENANTS OF THE LICENCEE. 1. If the licencee desire any structural alternations to the shop including that of frontage thereof for the purpose of his business, he shall request (in writing) the licensor shall carry out such alterations. The licensor may carry out such alterations as it may deem proper at the cost of the licencee. However the licensor shall have absolute right to carry out any external renovation work during the term of the licence deed . The licensor may carry out the work at such time and in such manner as is convenient to them and the licencee hereby undertakes to extend full co-operation to the licensor and will not create any hindrance or raise any dispute relating to the work to be carried out for such renovations. 2. The licencee shall get the licensed space organized and carry out the interior decorations of the shop at its own cost after getting the plans and overall design of the furnishings approved by the General Manager of the hotel. The licencee shall be further required to LALITHA MAHAL PALACE HOTEL MYSORE-11 make such additions and alterations or changes in the furniture, carpets etc., as and when felt necessary by the General Manger of the hotel to keep the décor of the licensed space to meet the standards of the hotel. Failure to carry out such modifications within the period as prescribed by the General Manager of the hotel shall entitle the licensor to disallow the licencee from opening the licensed space to customers till such time the required modifications and refurnishing as asked for is carried out by the licencee. 3. It is agreed that the licencee will not permit the use of the licensed space in any form or on sub letting to any individual/party/organization/company. The licencee alone and no other party or person will be permitted to cay on business in the said licensed space nor will the benefits under the licence or any of them be assigned transferred shared or otherwise parted with in while or part by the licencee. Any such act by the licencee shall be considered violation of licence deed and the licensor shall have he right to terminate the licence. In such circumstances the licencee will have to settle all the outstanding dues and handover vacant possession of the licensed space within 15 days on receipt of such communication from the licensor. 4. The licensor reserves the right to accept any charge in the status and constitution of the licencee, it is agreed that the licencee should apply in writing to the licensor before effecting any change for its approval and the licensor will have sole discretion to accept or reject such request., In case the request made by licencee is not approved by the licensor the licencee shall not make any such changes otherwise the licence shall be treated as cancelled/revoked. The licencee shall have no right to transact from the shop and will remove his goods within in 30 days from the receipt of such communication after setting all outstanding. 5. The licencee shall not make any additions or alterations in the licensed space. In case of any temporary additions alterations the licencee shall request in writing to the licensor for carrying out such alterations which may be got done by licensor at the cost of the licencee for which the licencee shall make advance payment to meet the cost of such addition and alterations. 6. The licencee shall keep open the licensed space for the benefit of the customer of the hotel for such hours as e fixed from time to time by the licensor, the licencee shall ensure attendance of staff even during off day and other holidays including national holidays. 7. The licencee shall be required to adopt fair business practice and to exhibit prices in respect of each item of same and the price so exhibited should be competitive. 8. The licencee shall charge the customer‟s reasonable price for goods sold from the licensed space. The licencee should prominently display the price tag on each article on sale. In the event of a complaint that prices charges are exorbitant the licensor shall be entitle to keep such information from the licencee to satisfy itself that the price charges are not exorbitant. The licencee shall furnish the required information to the licensor immediately receiving a communication to that effect from the licencee in writing. 9. The licencee shall during the terms of the licence be permitted to carry on the business of exhibiting display ad selling only such items as detailed in ANNEXURE “B” this licence deed. 10. The licencee shall not stock display exhibit any books magazines newspapers or periodicals status idols or other articles which are repugnant to moral or indecent and immoral improper or otherwise objectionable in character being expressly agreed that the decision of the licencee shall be conclusive in this behalf and absolutely build on the licencee and shall not be subject to any dispute on review. The licencee shall LALITHA MAHAL PALACE HOTEL MYSORE-11 immediately remove such books journals or articles from the premises if as decided by the licensor it is objectionable in any manner to keep exhibit the same. 11. The licencee shall use the licensed space for the purpose of sale of the above items and business only and not as godown not as living quarters not for lodging r any other purpose whatsoever nor shall be licencee allow any other individuals or party to display sell or advertise any goods or items in the licensed space. 12. The licencee shall be responsible to obtain approval for all necessary licences which may be required from the states municipal or any other authorities for the purpose of carrying on the business which he is allowed to carry on under said licence. Furthermore the licencee shall be liable to part sales tax/income tax or any tax cess or other impost they may be imposed by any authority on the carrying on of such business by him or which may be payable by the licensor in respect of the business carried on by the licencee. 13. The licencee shall observed and comply with all the rules and regulations of the shops and establishments act employees state insurance act 1948, minimum wages act, payment of wages act, employees provident fund and miscellaneous provisions act, workmen compensation act and any other provisions of the law, rules and regulations enforced from time to time by the local authorities or any other authority. The licencee shall observe follow comply and abide by the sanitary health and other municipal laws under the provisions of the municipal act. The licencee agrees to re-imburse all such contribution expenses and all other charges/liabilities to which the licensor may be held liable in respect of staff employed by the licenses by the authorities/court competent for the purpose under the provisions of any of the laws social legislation in force as on date or which may be made applicable subsequently. 14. That the licencee shall not stock any inflammable or otherwise dangerous materials, goods, narcotics or drugs in a part of the licensed space which would present a find health hazard to the hotel property its guests and visitors. 15. The licencee shall indemnify the licensor from any claims made or damages suffered by the licensor by reason of the default on the party of the licensor, his agents or his employees in due observance and performance of the provision of law. The licensor shall not be responsible for any damage to the belongings of the licencee in the licensed space. 16. The licencee shall make his own advertisement arrangements but the licencee shall submit the details of advertising copy layout and arrangements for the prior approval of the licensor and the licensor shall be at liberty to suggest and alteration or amendment thereof which the licencee shall duly carry out. The licencee shall also observe such rules regulation the advertisement as the licensor may make from time to time. 17. The licencee shall not conduct any clearance sale or hold of permits to be held or private auction from the licence premised or advertise. 18. The licencee shall not cause or be the cause of loud or noisy conduct nor indulge in anything whatsoever which may constitute a source of nuisance or annoyance to the licensor or other licencees or occupants or the visitors of the hotel. 19. It is specifically and clearly agreed between the licencee and the licensor hereto that if there is a break down of temporary break in any service offered to the licencee here under for any reason whatsoever then the licensor shall not be held responsible or liable for any damages caused to the licencee thereby. Further for adequate maintenance repairs or alterations and servicing of the air conditioning plant, certain amenities LALITHA MAHAL PALACE HOTEL MYSORE-11 including air conditioning may have to be suspended from time to time. While all efforts will be made by the licensor to give prior timely notice such suspension to the licensor to give licensor shall under no circumstances be held liable for suspension or failure to give notice as aforesaid. 20. The licencee shall keep the premises in clean, orderly condition and for that purpose the licencee shall do what so ever is required and desired by the company. Since the company is in possession of the property and the licencee is permitted only use and occupation of the premises, the licencee shall not do any act by which such a peaceful possession and enjoyment of the company is endangered in any way. 21. The licencee shall not damage the premises or any part of the hotel premises an in the even of any damages being caused to the same intentionally or otherwise by the licencee or his employees or invites or customer the company shall be entitled to repair the damage or make the require site replacement and call upon the licencee to reimburse cost thereof which the licencee undertakes to pay forth wise on demand. 22. The licencee may get his/their stocks stores valuables and employees insured for against all possible losses including for compensation under workmen compensation act for the reasons whatsoever. The company will not be liable for the losses occurred to him/them their employees, stocks stores and other valuables due to any reason /eventualities. The licencee should take all security steps in addition of the arrangements made by the company as deemed fit to him/them after taking prior approval from the company. 23. The licencee his agents and servants shall not abuse the water sources and drainages facilities in the premised of the company so as to create a nuisance or in sanitary situation prejudicial to public health. 24. The licencee would be required to install fire extinguishes in the licensed premises at his cost before commencement of the business. 25. The licencees shall not use a naked light or cause or use any such light to be used in the shop. 26. The licencee hereby agrees to provide necessary training to the employees posted in the licensed premises for handling fire extinguisher as installed/provided in the shop. 27. The licencee shall not store or bring to keep in the premises heavy articles so as to injure or damage the premises keep goods of combustible or inflammable nature. VIII. GENERAL CLAUSES 1. If the licencee has entered into a licence agreement with the licensor for the use and occupation of a space or spaces in the hotel for office/business purposes it shall print his official letterhead. a) The licencee is a company the permanent address telephone number/s of the registered office of the company. b) If it is a single proprietary firm- the name of the proprietor his permanent residential address and telephone number/s and the address and telephone number/s of the registered office of the firm. c) If it is a partnership firm, the permanent address and telephone number/s of the registered office of the firm. Further in case of (a) and (c) above the company or partnership firm as the case may be shall furnish the non permanent residential address and telephone number/s of its Directors, partners or authorized representatives the licensor for record and reference t the time of the execution of the licence agreement failure LALITHA MAHAL PALACE HOTEL MYSORE-11 to comply with this clear or suppression or concealment of permanent address or registered office of the licencee shall be considered violation of this agreement and entitles the licensor to terminate the agreement. 2. The right conferred upon these presents is only that of a licencee it is expressly stated that the possession of the shop lies with the licensor and the licensor can have only a right of use and occupation of the portion hereby licensed and no other right whatsoever . This is not lease and the relationship is only that of a licensor and licencee and not that of landlord and tenant of lessee. 3. The licensor mat at any time at their discretion call upon the licencee to remove his goods from the licensed space ad give him alternative space for the purpose of this licence. The licensor shall endeavor to give such alternative space on licence which is reasonably equivalent to the licensed space. In case the alternative space is not acceptable to the licencee he will have the option to terminate the licence by giving 15 days notice. The licensor shall have absolute right to terminate the licence by giving 30 days notice in writing to the licencee without assigning any reasons thereof. 4. The licencee shall comply with all the directions general or special as may be given by the licensor from time to time which shall be deemed to be part of this licence deed. The licensor may vary delete and withdraw such directions from time to time. 5. Not withstanding anything contained herein it is that the said licensed space shall at all times be under the control and supervision of the licensor the and the licensor shall retain domain and possession of the said licensed space and said use of the said licensed space so as to more effectively provide for facilities and amenities to customers and visitors of the hotel. 6. In case any time during the period of licence Government or any other authority competent for the purpose decides or issues directives for the closure or shifting of the premises the licencees will have a choice to close or shift his business within a prescribed period. The licencee will not be entitled or eligible to claim damages, compensation or reimbursement of any amount spent by the licencee on renovation /construction/erection, installations, fittings, fixtures etc., from the unit. In the event of licence being prohibited from selling one or more articles in the premises because of Government law/rules/regulations/orders, the licensor shall not be liable for any loss suffered by the licencee Further in such an event he licencee shall not be entitles to any reduction in the licence fee payable to the licensor. 7. That if because of any strike or lock out in the company the licencee is unable to function or his business is affected the company shall not be liable for any loss which the licencee may suffer. In such an event the licencee shall not be entitled to any reduction in licence fee etc., payable to the company. 8. The company do not recognize any association of the traders and in case any negotiation is necessary with regard to the clarification of the terms and conditions of the licence or modification thereof such negotiations should be sought by the licencee alone and no collective representation shall be entertained. 9. The performance of the licence shall be of a standard as benefits a hotel if repute and in keeping with the standards desired by the customers from such a hotel. If and where complaints regarding inadequate performance/services of the licencee or complaints on any other count are received by the licensor the same shall be communicated to the licencee still continues to be below the desired standards to the licencee shall be considered a violation of the terms of this agreement and the licensor shall be at liberty to terminate the contract. LALITHA MAHAL PALACE HOTEL MYSORE-11 10. The licencee/Lessee or their sister organization shall not employ any ITDC employee within two years of his retirement from the service of ITDC, except with the written consent of ITDC. In the event of breach of this condition, the licensor/Lessor shall be at liberty to terminate the contract forthwith without any notice to the licencee/lessee and impose any penalty as deemed fit and proper by ITDC. 11. The licence deed is prepared in duplicate and the acceptance of its terms is signified by the signature of the licencee thereon. IN WITNESS WHEREOF the parties hereto have signed this deed on the day, month and year first herein above written in the presence of: Signed and Delivered by the Constituted Attorney of India Tourism Development Corporation Limited WITNESSES (LICENSOR) WITNESS (LICENCEE) 1. 2.