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									                                                                         Municipal Corporation of Delhi
                                                                                25th floor, Civic Center,
                                                                         Minto Road, New Delhi-110002.
                                                                                   Tel No. 01123227505
                  TERMS AND CONDITIONS FOR ALLOTMENT OF
                      MCD AUTHORIZED PARKING SITES

                              TERMS ON LICENSE FEE BASIS

              TO BE APPLICABLE FOR THE FULL TERM CONTRACT
               AWARDED THROUGH NIT FLOATED AFTER ________

1.      Eligibility For Participation In The Tender:

(a)     Any adult individual citizen of India /firm/ Company /registered society/ registered co-operative
        society, who has/have cleared all upto date outstanding dues of the MCD, if any, shall be eligible
        to participate in the tender.

(b)     The individual/firm/company/registered society/registered co-operative society shall be eligible
        to participate for the tenders floated for parking sites.

(c)     Any individual / firm company/registered society/registered co-operative society whose contract
        has been cancelled in the past, if any, or any of its partner / proprietor / director/member have
        been blacklisted for breach of terms and conditions of the agreement, shall not be eligible for
        offering tenders and the individual / company / registered society/ registered co-operative
        society shall be required to furnish an undertaking to this effect along with tender form.

(d)     A party who is disqualified or ineligible to participate in the tender according to the aforesaid
        conditions shall not be qualified to offer the tender in the name of its associate concern
        subsidiaries/principals/front and the commissioner/authorized officer on his behalf may declare
        the tenderer disqualified on this ground, if he is of the opinion that the said tenderer is acting in
        collusion with for the benefit of any other party who would have been disqualified to participate
        in tender of his own.

2.      Tendering process and documents to be submitted with tender form:

         All contracts shall be awarded through open tender. The tenderer should have a permanent
Income Tax Account No. (PAN) and PAN card issued by the Income Tax Department, and shall submit
certified copies of latest income tax clearance certificate along with the tender form. The tendering party
must also submit (1) detail of bank account with documentary evidence regarding the financial position
(Bank Statement of past one year). (ii) Proof of residence (Photocopy of ration-card/electoral identity
card duly attested by a gazetted officer), (iii) two recent passport size photographs of person(s)
required………registration act, association, certificate of registration with registrar, co-operative society
with last one year’s audited balance sheet, (iv) Every participant shall enclose an insolvency certificate
issued by a nationalized bank at the time of submission of tender. Tenders not accompanied with these
documents are liable to be rejected. Any contractor/ tenderer who have not cleared past dues, if any, of
remunerative projects cell or has been black-listed, need not apply against this tender and their tenders
submitted shall be rejected summarily.

3.      Duration of contract:

         The contract will be duration of two years with effect from the date of handing over the site to
the licensee but the contract shall be renewed after the expiry of one year with the enhancement of
monthly license fee by 10% (ten percent) for the next year, subject to the satisfactory completion of
period of first year of contract. However, if the allottee continues to operate the site after expiry of
contract, he shall be liable to pay to the corporation the misuse/damages charges @ double the monthly
license fee for such period of unauthorized occupation.
4.      Earnest Money:

         There shall be a minimum monthly license fee fixed for each parking site which shall not be less
than Rs.10,000/- in any case. The tenderer shall have to deposit in advance an amount equal to three
months monthly license fee fixed for the site as earnest money by bank Draft along with tender form.
Tenders submitted without earnest money will be rejected summarily. The earnest money will be
forfeited in case the tenderer does not accept the offer of allotment from the department within 7 days of
issue of offer letter. License fee will be payable by the licensee from the date of handing over the site to
him.

5.      Responsibility of tenderer before offering bid:

(a)     The tenderer shall inspect the parking site which will be given on ‘as is where is’ basis and may
        obtain necessary clarification, if any, regarding the same to his full satisfaction before offering
        bid for the same.

(b)     The tenderer should bid the amount by considering its entire potential to attract the customers.
        MCD will not be responsible for any decline in the potential of the customers at the parking site
        for any extraneous / unforeseen reason (a) whatsoever. Any claim for remission on the basis of
        harm to business interest on extraneous / unforeseen conditions / reasons whatsoever shall be
        summarily rejected by the MCD without any kind of response to the licensee and the licensee
        shall not be entitled to make any claim / remission on that account.


6.      Advertisement boards kiosks may be allowed by MCD:

    The MCD shall reserve the right of putting up advertisement boards and kiosks on the boundary or
within the parking site either for itself or through authorized advertiser / any other agency. MCD shall
also reserve the right to auction / allot such number of kiosks / tea stall / other stall etc. as may be
considered appropriate in specific well demarcated areas within or along the boundary of the parking site
separately.

7.      Payment of security deposit and license fee:

(i)     As the tenure of each parking site is only for two years, successful bidder shall deposit in the
        first year, the complete license fee for the 1st year. The license fee has to be paid in the form of
        demand draft in the name of Commissioner, MCD. After completion of 1st year the bidder will
        have to deposit the complete license fee with 10% enhancement in the MLF for the 2nd year. The
        payment of the 2nd year again has to be made in the form of demand draft in favour of
        Commissioner, MCD. All these payments are to be made from the corresponding bank account
        of the concerned firm/individual/company who is successful bidder subject to satisfactory
        performance during the period.

8.      Acceptance of tender / bid:-

(a)     The officer opening the tenders may without assigning any reason cancel the tender form or
        negotiate with the highest tenderer. The validity of the offer shall be 90 days and the same
        cannot be withdrawn by the tenderer before the expiry of validity period, otherwise EMD shall
        be forfeited and the contractor shall be blacklisted for further tenders, besides other action being
        taken against him.

(b)     The offer/bid made by the tenderer shall be subject to acceptance by the Commissioner, MCD or
        any other officer authorised / delegated by him. Earnest money in respect of unsuccessful
        tenderer will be refunded / returned without any interest, unless the same is forfeited for some
        other reasons.
9.      Agreement to be executed:-

          The allottee shall have to execute an agreement with the MCD in the format to be supplied by
 the MCD on a non-judicial stamp paper of Rs. 50/- duly attested by 1st Class Magistrate or Oath
 Commissioner, to be purchased and provided by the allottee within 3 days of acceptance of the offer,
 failing which the earnest money and the security deposit shall be forfeited and license shall be deemed
 to have been cancelled.

10.     Parking details:

(a)     MCD will supply a map of the space allowed to the parking of cars / scooters / motorcycles and
        the licensee shall use the parking space strictly according to the map. This map shall be signed
        by the Suptd. / Inspector of the RP Cell and by the licensee himself also at the time of handling /
        taking over of the site. Use of parking site will be strictly as per terms of NIT and no vehicle
        other than permissible shall be allowed to be parked in the licensed parking site. The space
        allotted, as per map, will be allowed on roadside parking sites from the road berm.

(b)     The licensee shall make arrangements for illuminations and signages on the site as per approved
        design to be supplied by the MCD and shall clearly demarcate the parking zone of the Vehicles
        per unit for the convenience of general public within 15 days from taking over the site and shall
        not allow parking on more than the permissible space, failing which a fine of Rs. 600 per day
        shall be charged.

(c)     It is expected that the parking contractor shall inform the customer to take away moveable items
        like mobile phones, purses, sun-glasses or any other valuable items before parking their vehicles.

11.     Timings:-

        The parking shall remain open round the clock and the licensee shall allow parking of vehicles at
all times except to an extraneous reasons or non-availability of parking space. However, the rates for
parking shall be charged as per rates structures given in the terms & conditions hereunder.

12.     Rates:-

        The licensee shall be required to ensure that the following parking charges / fee for various
categories of vehicles shall be charged during the period of contract:-

Type of Vehicle         Rates                             Duration
Car                              Rs. 10/-                 Upto 10 hours
                                 Rs. 20/-                 beyond 10 hours upto 24 hours
                                 Rs. 500/-                Per month
                                 Rs. 600/- per month      For Gandhi Maidan & Church mission road
                                                          Parkings
                                 Rs. 700/- per month      For Asaf Ali Road Parking.

Scooter/ Motor Cycle             Rs. 7/-                  upto 10 hours
                                 Rs. 15/-                 Beyond 10 hours upto 24 hours

Tempo (allowed only in parkings under flyovers or parkings set up for the tempos)
                             Rs. 25/-               Upto 12 hours
                             Rs. 50/-               upto 24 hours
                             Rs. 1250/-             per month
Bus / other equivalents      Rs. 30/-               upto 12 hours
                             Rs. 60/-               upto 24 hours
                             Rs. 1500/-             per month

Car (Tourist parking)            Rs. 25/-                 Upto 12 hours
Scooter (Tourist Parking)        Rs. 15/-                 upto 12 hours
Bus (Tourist Parking)            Rs. 50/-                 Upto 12 hours
    Important Instruction:

    (a)        The buses / tempo / HMV / LMV shall not be allowed to be parked at these parking sites, where
               it has not been specified.

    (b)        The licensee shall install / maintain computers, wherever feasible, with uninterrupted power
               backup, at his own cost, at entry & exit points of the parking site to ensure proper and
               undisputed monitoring the duration of time of the vehicle parked for charging the parking fee
               from the owners of these vehicles and also for keeping the record of the vehicles parked.

    (c)        The licensee shall charge the parking charges only in conformity with the prescribed rates. The
               licensee shall maintain the record of vehicles parked and parking fee charged for parking the
               vehicles and inform RP Cell (MCD) and concerned police authorities every four months about
               the details of unclaimed vehicles.

    (d)        Official vehicle of MCD / NDMC / Govt. Of NCTD and Govt. Of India, MPs MLAs of Delhi,
               Municipal Councilors of Delhi and accredited journalists shall be allowed free parking.

    (e)        MCD reserves the right to revise the parking charges during the currency of the contract. In case
               of revision in parking charges, the license fee paid by the licensee shall stand revised in the same
               proportion for the remaining period.

13. Sign Board:-
            The licensee shall display an illuminated glow-sign board (size 6 ft. X 4 ft.) at the entrance and
    exit points of the parking site showing prominently there upon the following details:-
                                      AUTHORIZED MCD CAR PARKING

          1. Name of contractor with Regn. No. ...........................................................................................
          2. Address & Tel. No. ......................................................................................................................
          3. Name of the workers employed.................................................................................................
          4. License No. & Date......................................................................................................................
          5. Period of Contract From................................ to ..............................
          6. Area Police station with Tel. No..............................................................................................
          7. Parking charges...........................................................................................................................
          NB:-
          1. In case of any difficulty/problem/complaint please contact the area police station and / or
             OSD/AC(RP Cell) MCD at 25th Floor, Civic Centre, Minto Road, New Delhi-110002.
             Phone No. (011-23227505)
          2. Complaint Register /Box available with.........................................................................................



    14.        Duties & responsibilities of Licensee w.r.t. lighting/illumination, cleanliness, sanitation, fire
               fighting system, public address system, water logging, safety/security etc. at the multi-level
               parking sites:-

    The licensee shall make the following arrangements, at his own cost, round the clock at the parking site.
     (a) Complete illumination of entry & exit points of site with glow signs;
     (b) Functional toilets;
     (c) General up keep and cleanliness within the parking site;
     (d) Functional fire fighting systems;
     (e) Functional public address system;
     (f) Functional power back up through generators;
     (g) Functional system for removal of water from the water logged portions(s), if any, due to rain,
              seepage etc.;
     (h) Adequate lighting / illumination;
     (i) Insurance of the site;

    The licensee shall not be entitled to any remission, whatsoever, on this score.
15.     Duties & responsibilities of Licensee w.r.t. prevention of encroachment at Parking site.

 (a)    The licensee shall not vend any article by any unauthorized vendor at parking site. The licensee
        shall not permit washing / service /repair work of vehicles or nuisance of any kind, whatsoever,
        inside the parking site otherwise apart from the legal action of removal / demolition of such
        encroachment, a fine of Rs. 5000/- shall be imposed upon the licensee under relevant provisions
        of DMC Act. However, in such cases where vendors/stalls/ kiosks are already in existence at
        parking site, due to allotment by the RP Cell/Zone or under court orders/directions, the licensee
        stall ensure the possession and confirm his acceptance/ acknowledgement in writing to this
        effect. It will be responsibility of the licensee not to allow unauthorized encroachments in the
        parking site during currency of his contract otherwise the cost of demolishing such structure for
        unlawful concession shall be charged from the licensee. MCD will be at liberty to remove
        encroachment inside / around the parking site without notice.

 (b)    The licensee shall in no case construct any temporary/permanent structure, moveable or
        immoveable otherwise he will be liable to be prosecuted. The structure so constructed shall be
        liable to be demolished at the risk and cost of the licensee. A penalty shall be imposed upon the
        licensee as per DMC Act, 1957.



16.     Duties and the responsibilities of the licensee w.r.t. Employees deployed for managing /
        operating the parking site. No subletting allowed:-

(a)     The licensee shall manage the parking of vehicles, security of the site, cleanliness,
        computerization, wherever required either himself or through his employees. Such employees of
        the contractor will be in uniform while on duty and will also display / wear identification badges.
        He shall not sublet or allow any other persons(s) to run the car/scooter parkings on behalf of the
        licensee. In order to ensure civilized behavior to his employees towards the general public,
        licensee shall impart necessary training on public relations and human behaviour to his
        employee. So any minor/bad character/ persons with past or present criminal record shall not be
        employed and shall arrange for the character antecedents, verification report in respect of each of
        his employees at his own cost, from the police authorities under proper intimation to licensor.

(b)     The licensee shall comply with the directions of local police authorities given from time to time.

17.     Complaint register to be maintained by the licensee:-

        The licensee shall maintain a complaint register, duly paged, at parking site and shall make it
available to the vehicles owners to note down the complaints. The licensor will have the right to check
the complaint book as and when required and the complaint register will be kept properly and place of its
availability shall be mentioned on the signboard.

18.     Parking slips:

        The licensee shall get the parking slips printed at his own cost and these parking slips should be
in white color with the size measuring 6’X3’ (which includes counterfoil of 2’X3’). These slips shall
have the details showing the location of MCD authorized parking site, name and address of the
contractor along with registration No. and the period of availability of contract along with other details
with bold letter where as the other details which the contractor deems fit in conformity with the terms
and conditions of the contract may be printed in small letters mentioning authorized parking site, name
and address of the contractor along with registration No. and period of validity of contract shall also be
written as green on the slip. The records of the counterfoils of printed slips or computerized slips shall
be maintained by the contractor and licensors shall have the right to demand/check this record at any
time and the contractor shall be bound to furnish the same within the given time.

19.     Licensee to be responsible for damage/loss to vehicles/ accessories during parking etc.

(a)     The licensee shall be liable and responsible for any theft of vehicle / accessories and the
        damages / losses caused to the vehicles during its parking at the site. MCD will not be
        responsible or liable on any account for the same and MCD will not be made a party to any
        cycles/scooter/motorcycle/car etc. against loss, theft, damages. riots, fire and /or other natural
        accidents. Licensee shall pay the premium thereon regularly in respect of insurance company
        and submit receipt to the OSD (RP Cell) along with the zerox copy of such insurance policy
        premium receipt for verification. Licensee will make good the losses due to theft, fire damages
        etc. to the owner of the vehicles. Licensee will get the insurance policy renewed from time to
        time during the contract period failing which his contract will be liable to be cancelled /
        terminated.

(b)     The licensee shall be liable and responsible for any loss of life and / or physical harm to the
        public on account of negligence on the part of licensee in maintaining the site properly. In case
        of multi stroreyed car parking site, the licensee shall ensure that all the exit gates are open and
        escape routes are operational round the clock.

(c)     The licensee shall not cause any damage to the MCD property either by himself of through his
        employees or general public. The licensee shall repair immediately, at his own cost, the
        damages that may have been (if any) caused to the parking wall/boundary/gate/advertisements
        etc. as a result of negligence during the parking of vehicles. The decision of Addl.
        Commissioner (incharge of RP Cell) will be final and binding upon the licensee with regard to
        liability and quantum of damages to be paid by him.

(d)     The licensee shall be liable and responsible for a loss/damage caused in the parking or arising
        out of the parking sites and he shall indemnify and keep indemnified the MCD in respect of the
        losses or damages or expenses of litigation at the MCD may have to incur in connection with the
        parking sites.

20.     Wooden Khoka for use by Licensee Demarcation of site safety of vehicles:-

         A wooden khoka of dimension not exceeding 10 ft. X 8 ft. shall be allowed to be constructed by
the Licensee at his cost during the period of contract only. He can remove the same after the expiry of
the contract period and shall have no claim whatsoever after that. The licensee shall provide parking
sites either by putting yellow lines on the ground or by fixing bricks/pipes. The licensee shall ensure
safety of the vehicles. The licensee shall not allow parking of vehicles without parking slip. The
licensee shall ensure that the site is used in such a way that it does not obstruct the very passage of the
vehicles parked there, only the permissible number of rows /columns should be allowed for parking as
per site map. Proper arrangement of lighting at the parking site will be the responsibility of the licensee.

21.     Licensee to hand over possession, if so required by the Licensor:

(a)     In case the site is required by the Commissioner for a Municipal / public purpose, the licensee
        shall have to hand over the vacant possession of the site at once. In case the site is required for
        any particular period for the above purpose and the parking site remains closed due to reasons
        beyond control during the period of contract, a proportionate amount of license fee for the
        vacant period may be refundable to him, as per rules, if due.

(b)     MCD reserves the right to revise the area and change the site of parking stand in the vicinity
        during the currency of the contract. In case of revision of size of parking area during the
        currency of the contract the licensee fee well stand revised in the same proportion for the
        remaining period of the contract.

(c)     The licensee shall not interfere with the work of construction by the licensor or any other Govt.
        agency of any drain, pipe of cable etc. and shall repair at his own cost damage which may be
        caused to such works to the entire satisfaction of the licensor.

(d)     On the expiry of the period of contract, the licensee shall peacefully hand over possession of the
        parking site to the MCD.

22. Determination of licensee:

        At the determination of agreement for whatever causes the licensee shall restore the land in the
condition in which it stood immediately before the licensee took it over and shall peacefully hand over
the possession of the said site to the licensor.
23. Licensee to intimate change of address:

        The licensee shall keep the licensor informed of the change in his address, change in constitution
etc. Otherwise a communication sent at the address given to the department shall be deemed to have
been received by the licensee. The intimation of change of address shall also be given separately to the
RP Cell for necessary amendments in the registration certificate.

24. Entry in parking lot by the Licensor:

        The licensor will be entitled to enter the parking site at any time for checking purposes and the
licensee is required to extend full co-operation during the checking.

25. No tenancy rights / title / interest:

(a)     This is a license for a limited period only and it shall not contain tenancy rights enjoyable by the
        licensee.

(b)     The land under site shall always remain the property of the licensor and the licensee shall not
        claim any right / title / or interest to any right or any nature of easement in relation to or respect
        thereto.

26. Penalty Clause:

         In the event of violation of any condition, apart from cancellation of license, the licensee shall be
liable to pay penalty of Rs. 500/- (Rupees five hundred only) per violation per day. If any point of time,
the amount of penalty imposed accumulates upto Rs. 10,000/- (rupees ten thousand only) and the
licensee fails to deposit it within days of the date on which the amount exceeds Rs. 10,000/- (Rupees ten
thousand only), the action shall be initiated as per the provisions mentioned at clause 27 & 28 of the
terms and conditions and 22 and 23 of this agreement.

27. Breach of Contract:

         The licensor shall have the right to terminate the license and forfeit the security amount if the
licensee commits any breach of any of the terms and conditions of this agreement. In case, the licensee
wishes to get the license restored / renewed, the licensor may at his sole discretion; restore / review the
license for the remaining period, subject to the licensee paying a sum / amount equal to 5% of the total
bid amount as restoration charges along with license fee for the intervening period.

28. Blacklisting and cancellation of registration:

        The licensee, if any time, found overcharging/ cheating or engaged in any kind of malpractices
including default in payment of license fee regularly shall be liable to be blacklisted in which case his
security amount/earnest money / deposit will be forfeited and registration of parking contactor shall be
cancelled.


29. Duties of licensee during any repair work undertaken by the licensor:

         Duties of licensee shall be to hand over the vacant site in peaceful possession of the parking site
to the licensor immediately as and when asked for any work to be undertaken by the licensors directly or
indirectly through some agency.

30.     Arbitration:

(a)     Any controversy of disputes arising out of this contract allotted to the licensee shall be referred
        to the sole arbitrator by the Commissioner or an officer nominated by him in this behalf. There
        shall be no bar on reference of disputes to the arbitrator or such an officer as so nominated
        by the commissioner, even though the said officer is an employee of the MCD or might
        have dealt with the matter earlier or expressed his opinion thereon. In case the arbitrator to
        whom the matter is originally referred to is transferred or vacates his office or is unable to act on
        any reason, whatsoever, the commissioner, MCD shall be competent to appoint another person
        as arbitrator who shall be entitled to proceed with the reference from the stage at which it was
        left by his predecessor. No person other than the one nominated by the Commissioner, MCD
        shall act as arbitrator. The decision of the arbitrator appointed shall be final and binding on the
        parties. The limitation for filing claim for arbitration is 90 days from the expiry of the contract
        period and in case no claim is filed within this period, it shall be presumed that there is no claim.

(b)     Subject to above, the provisions of the arbitration and conciliation Act, 1996 or a statutory
        modification or enhancement thereof and the rules made there under and for the time being in
        force shall apply to the arbitration proceeding under this clause.

(c)     The para invoking the arbitration clause shall specify the disputes to be referred to arbitration
        under this clause together with the amount or amounts claimed in respect of each of such
        disputes/claims.

(d)     The arbitrator may from time to time without the consent of the parties, extend the time for
        making and publishing the award.

31. Surrender:

(a)     In the event of surrender of parking contract by the licensee the right of acceptance or rejection
        solely rests with the licensor.

(b)     In the case of surrender of the contract, the licensee shall have to give at least 90 days notice, but
        not before the lapse of 9 months of start of the contract, so as to enable the licensor to examine
        the notice and to take decision and to make alternative arrangement for running of parking site
        for safeguard of municipal revenue.


(c)     In case of surrender of the contract / cancellation of any tender for any reason, it shall also be
        open to the Commissioner / Officer authorized by him to negotiate with the highest bidder and if
        he is not available, 2nd highest bidder / other bidder in order of their bid amount / any other
        parties in the interest of revenue of the MCD.

(d)     In the case of surrender, the security deposit amount shall not be adjusted against the license fee
        of remaining months and shall be refunded after the determination of the contract.

(e)     The licensee / contractor, who have surrendered the site, shall not be eligible to participate in the
        tender process of the same site.


32. Undertaking / Affidavit:

        Affidavit declaring therein that the statements made by the party and all the facts stated in
connection with the tender and documents submitted in this behalf are true and correct to the best of his
knowledge and nothing has been concealed therefrom.

33. All disputes shall be under the jurisdiction of Delhi Court only.

34. TCS u/s 206 C (IC) of IT Act 1961.

        As per the provision of section 206C (IC) inserted by the Finance 9no. 2) Act, 2004 w.e.f.
01.10.2004 of Income Tax 1961, every successful tenderer shall be required to deposit TCS @ 2%
alongwith surcharge and Education cess (Total 2.244%) on license fee or applicable from time to time.


                                                                                 Assistant Commissioner
                                                                              (Remunerative Project Cell)

								
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