~ ' , .... , ... ., ~ -" - f ,::....,, ... ,;,.l· THE ASSAM GAZETTE ' \5TJfl~Cf EXTRAORDINARY w~$~ !j<;plm PUBLISHED BY THE AUTHORITY Registered No.-768/97-..
<i~ 100 ~~, ~' 12 \Qf!rcf, 2010, 22 -s'\5, 1932 (xr<1i) No.100 Di.spur, Monday, 12tbApril,2010,22ndChaitra, 1932(S.E.)
GOVERNMENT OF ASSAM ORDERS BY THE COMMISSIONER OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI-1 NOTIFICATION The lstApril, 2010 No.GMT./41201 0/439. - The followll:g draft of certain Bye-Laws namely- The Guwahati Municipal Corporation (Lease of Parking Places and Markets) Bye-Laws, 2009, which the Guwahati Municipal Corporation p1~poses to make in cxe.rcise of powerS confe;rred by Section 416 ( 1) (5) (6) of the Guwahati Municipal Corporation Act, 1969 (Assam Act ~o. t of 1973), is hereby published as required under • • • ~ '\. • , ·, . j • • Section 418 of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into·consi.deration Qn pr after the expiry of a period of 30 days from the date of publication of~s notificatiorfin the Official Gazette .
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Any objections and suggestions which may be received from any person with respect to the draft Bye-Laws before,the expiry of the aforesaid period will be considered by the Corporation.
' I ' o • ~ • • Objections or suggestions if any, may be sent to the. C~mmis:sioner, Gt.:wahati Municipal Corporation, Guwahati.
l. (I) These Bye-Laws may be cal~ed the ~:<:;!-lwa~ati Municipal <:;orporatjon (Lease of Parking · : 'Places and Markets) By-Laws~ 200~,;':~ · I • ' '
(2) They shall com.e into force on the date of their publication in the Official Gazette.
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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 12,2010 In these Bye-Laws, unless tht! subject or context o!}1er-wise requires- ( a) "Act" means the Guwahati Municipal Corpq~.ationAct, 1969 (Assam Act I of 1973);
(b) "City" means the City ofGuwahati as define4Vnder Section 3(9) of the Act;
(c) "Corporation" means the Municipal Corpq~~9.v ofGuwahati ~ defmed under Section 3( 14) of · the Act; ., .. '•
(d) "Commissioner" means the Commissioner as defined under Section 3( 1 0) of the Act;
(e) "Parking Place" means the notified place for itse of parking of vehicles as defmed in clause 2( c) of the Guwahati Municipal Corporation (Regulation ofParking and Parking fees) Bye-Laws, 1997;
(f) "Market" means the Municipal.M'.at:k~ts ~.defmed in Section 3( 45) of the Act;
(g) "Levy" means imposition ~·r colledion oftolls,'fees, rates, charges, taxes etc. under the provision of the Act; ·
(h) "Collector" means Collector as defined in the Bengal Public Demand Recovery Act, 1913 (Act No. of 1913).
The Commissioner shall be com~tent to lease out ~ually parking places ~d markets belonging to the Corporation with the approval of the StandiDg Finance Committee or the Corporation as the case may be. The term of the lease shall be strictly confined to the financial year for which the leas_e has been settled.
The Commissioner· shall invite tender annually giving wide publicity of notice iJtv.iting tender through local dailies giving sufficient time for submission of tenders as may be considered necessary.
With the previous sanction of the CorpqJ11tion~ ~e Commissioner shall generally offer the lease to the highest bidder ensuring strict adherence to the existing guidelines and decisions of the Central Vigilance Commission and the State Government in this regard and in no case shall any bid be rej ected except with reference to the technical and financial parameters laid down in the notice inviting tender.
The tender must be accompanied ~than earnest mo~ey-c~-security deposit equivalent to 10% of the estimated val.ue for ganeral category tenderers and 5%'in case ofSC/ST/OBC tenderers in the fom1 of a demand cfraft drawn in favo~ of the Coil1Illlssioncr, Guwahati Municipal Corporation.
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S inglc bid in response to notice in vi ring tender shall pot be accepteq and fresh bids are required to be invited by giving wide publicity to th~ 119tice invitipg tender and oT).ly if a single bid is receiyed in response to the second notice too, then, the s~e may b~ considered with reference to the filiancial and teclmical parameters laid down in the notice inviting tender.
l • • t , . • I ·..1: . I • .;. I • A tender committee comprising the members of the particular Slanding Committee with regard to whose subject the tender is called Financial Advisor and the concerned Branch Officer shall scrutinize • ••• . -='·' • •• :. • and evaluate the tenders received. · " · ' ·.
Immediately_ after receipt of acceptance of the offer oflease from the tenderer, the Commissioner . ' ' shall issue notice to the tenderer for submitting all the original documents as mentioned in the..I)otice inviting tender for scrutiny and execution of agreeri1eht. If the documents submitted in suppbrt of the tender are found to be fraudulent defective or insufficient the tender/lease shall stand cancelled forthwith.
I' \ \& ~\ . ' .::0 \ \ ' THE ASSAM GAZEITE, EXTRAORDINARY, APRIL 12,2010 885 1 o.· An agreement bctWCL:ll thL: Corpomtion represented by the Commissioner and the proposed lessee/ .
successful tcmkrcr must be signed on non-judicial stamp paper. The. said agreement shall contain therein the detailed tenus and conditions of the lease.
II. The Commissioner, on being satisfied vvith the documents submitted by the selected tenderer shall issue a fonnal order fixing the date and time of handing over possession of the piuking place/market.
12. The Commissioner or an officer of the Corporation authorized by him in this regard shall band over the possession of the parking place or marke~ as the case may be executing a document prescribed in this regard and the lessee shall sign the same in acceptance of the possession. Similarly, on the expiry of the lease period, the conce;;;ed parking place or market will be taken over by the Commissioner or an officer of the Corporation authorized by him in this regard, by executing a document prescribed for the purpose.
13. The lessee shall deposit 50% of the settled value as advance deposit. The balance 50% of the set1led value should be paid by the lessee on the 1st day of the week/1st week of the month as may be fixed in advance in equal number of weekly/ monthly installments.
14. The Commissioner, with the approval of the Corporation, may extend thf? term of the lease beyond the period of the concerned financial year, un<:it~r circumstances beyond the cantrol of the Corporation, provided that such extension shall not be for a period of more than three months at a time. Further in·no case extension beyond a period of six months shall be allowed. Any extension as described here shaH have to be supported by citing specific reasons granting the same.
15. In the event the lessee fails to pay the weekly/monthly installment for the week/month due, the Commissioner shall be competent to deduct the same from the earnest money cum security deposit with 10% penal interest thereon for each defaulting week/month till amoimt equivalent to one month's clear balance is left in the earnest money cum security deposit; and thereafter, terminate the lease and the balance shall stand forfeited :
Provided, that in the event of such mid tenn termination oflease, the Commissioner shall immediately issue a fresh mid tenn notice inviting tender for the remaining period of the term :
Provided further, that if there is a single bid' in response to the notice inviting tender, the procedure stated in clause 8 hereinabove shall be followed.
16. Tbe Commissioner shall release the earnest money cum security deposit of all unsuccessful tenderers after settlement of the lease. However, the earnest money cum security deposit of the selected tenderer will not be released before the expiry of the term oflease.
1 7. All transaction of payment of installment shall be by way Of bank draft drawn on any nationalized bank.
I 8. The Jessee shall maintain a duly numbered and certified register issued by the Corporation for recording 1 collection of the lessee and the same shall be verified in the first week of every month by a duly j' authorized official of the Corporation who will put his signature after e~ch such verification. The lessee shall submit a monthly report with regard to the collection to the Corporation in a manner as .
prescribed by the Corporation.
886 THE ASSAM GAZETI'E , EXTRAORDINARY, APRil.. 12, 20 l 0
19. The lessee is prohibited from erection of any structure ~~out prior pe~ion from the Commiss\oner.
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He shall also be responsible to maintain in good stead the properties of the Corpo~at~on h~ded over to him during the term of the lease and shall repair any damage catJ!ll!d to such property d~g the lease period on his OWI)., failling which the same shall be recovered ~om his earmest money cum security deposit .
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The Commissioner may issue directions to the lessees from time to time with regard to the administration of the lease settlement or any oilier interest of the Corporation w.hich the Jessee will be bound to comply with within the time stipulated in such direction. · ...
21. In the event of any violation by theolessee,ofthe tenps ll!ld conditions liS lai4 down in th,e notice inviting tender, agreement signed between the pax:_ties .~provided in clause 11 he~in~bo.v.e ~d/or any provision of this byelaws, and violations of any direct,iop.s is~ued under cl~use 21 herei~above, the Commissioner shall be competent to terminate the lease after giving him an opportunity to be heard and the eamest money cwn security deposit shall s~d forfeited :
Provided that in the event of such .termination 6f lease before ~e expiry of term, the Commissioner shall issue a fresh mid term notice inviting tender for the remaining period of the: term :
Provided further, that if there is a single bid in response to the notice inviting tender, the procedure stated in clause 8 hercinaQ<>ve shall qe fqllowed. . ·
22. For the purpose of realization of any furthel;' arrear of defa~lted amount, the provisions of Chapter XX of the Act, or the Bengal Public Demand Recovery Act, 19 13 ~hall be applicable. In order to apply the I3cng!il P~b~!c Dem.1md I:ecovecy A:;t 1913, the.Commi.>sioner ~! .all, with the approval of l:he Standing Fin~ce <;o~·ittee appoint any Clas.s:I o~ Grade-l officer of the Corp'orati~n as the • .,. ' . T 1,' •' , I "Collector~' \¥jt~n the. meaning of the said Act, ~d ~ppeal against the order of the Collector shall be .
to the autporities prescribed by the said Act, and fue·z:u~~s 'framed thereunder .
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' ANURAG GOEL, Commissioner, Guwahati Municipal Corporation, Panbazar, Guwahati .
GUWAHATI : Printed and Published by the Dy. Director (P & S), Directorate of Ptg . & Sty. Assam, Ghy- 2 1.
(Ex-Gazette)No. 199-500-100-12-4-2010. · '