invites e-bids for licensing out Convention Centre at Tilyar ...

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2 E-AUCTION NOTICE HARYANA TOURISM CORPORATION LIMITED invites e-bids for licensing out Convention Centre at Tilyar Lake, Rohtak on License basis for a period of 9Years (3+3+3) on “as is where is basis”. E-Auction documents are available at the website of HTC i.e. www.haryanatourism.gov.in as well as on NIC portal http://eauction.gov.in for online participation. Last date for submission of documents are 24/12/2021 & E-Auction will start from 30/12/2021 (11 am) to 31/12/2021 (04 pm). For enquiry please call at mobile no. 9991364095 / 9416158601 (Sh. Partap Sharma, DDO/HTC, Tilyar Lake, Rohtak). Managing Director, HTC reserves the right to accept or reject any or all bids without assigning any reason. ISSUED BY MANAGING DIRECTOR

Transcript of invites e-bids for licensing out Convention Centre at Tilyar ...

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E-AUCTION NOTICE

HARYANA TOURISM CORPORATION LIMITED

invites e-bids for licensing out Convention

Centre at Tilyar Lake, Rohtak on License basis

for a period of 9Years (3+3+3) on “as is where

is basis”. E-Auction documents are available at

the website of HTC i.e.

www.haryanatourism.gov.in as well as on NIC

portal http://eauction.gov.in for online

participation.

Last date for submission of documents are

24/12/2021 & E-Auction will start from

30/12/2021 (11 am) to 31/12/2021 (04 pm).

For enquiry please call at mobile no. 9991364095 / 9416158601 (Sh. Partap

Sharma, DDO/HTC, Tilyar Lake, Rohtak). Managing Director, HTC reserves the right to accept or reject any or all bids without

assigning any reason. ISSUED BY

MANAGING DIRECTOR

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ONLINE AUCTION NOTICE

Haryana Tourism Corporation Limited (a state government undertaking)

CIN 45202CH1974SGC003437 S.C.O. No. 17-18-19 ,Sector-17-B, Chandigarh-160017

Ph. :-0172-2702955, 0172-2702956, 0172-2702957. Fax No.:-2702783 e-mail:- [email protected] , Website:- www.haryanatourism.gov.in

e-Auction Portal (https:// https://eauction.gov.in)

Haryana Tourism Corporation intends to license out Convention Centre at Tilyar

Lake Tourist Complex, Rohtak on “as is where is basis” as per detail below through online Auction hosted on NIC e-auction portal i.e.(https://eauction.gov.in).

Sr. No.

Particulars Remarks

1. AUCTION NOTICE No. 04/2021

2. Offline Submission of e-Service Fee / processing Fee Initially Bidder have to deposit e-Service Fees of Rs.1180/- (Non Refundable).

The interested bidder shall have to deposit e-Service Fees of Rs. 1000/-@18% GST=1180 (Non Refundable) through offline Mode in the shape of Demand Draft in favour of “SOCIETY FOR IT INITIATIVE FUND FOR E-GOVERNANCE” Payable at Chandigarh. (i)The Demand Draft is to be submitted in the office of Managing Director Haryana Tourism Corporation Limited, S.C.O No.17-18-19 Sector-17-B Chandigarh on or before 11.00 AM on 24/12/2021.

3. After deposit of e-Service Fees, the bidder is required to deposit Participation Fees i.e. Earnest Money Deposit

Rs.10,00,000/- (Refundable to unsuccessful bidders) The Demand Draft is to be submitted in the office of Haryana Tourism Corporation Limited, S.C.O No.17-18-19 Sector-17-B Chandigarh on or before on 24/12/2021 (11.00 AM )

4. Date of Start of Online Auction On 30/12/2021 from 11.00 AM

5. Date of Close of Online Auction On 31/12/2021 at 04.00 PM

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The detail of Convention Centre, Tilyar Lake, Rohtak is as under :-

S.No

Particular Period Reserve Price

EMD/Participation Fee

Increment value

1 Convention Centre at Tilyar Lake Tourist Complex, Rohtak

For period of 9 years (3+3+3 years) from the date of issue of license

90,00,000/- per year

Rs.10,00,000/- 20,000/-

IMPORTANT NOTE(S):- (1) To participate in the Online Auction, the bidders are required to obtain Digital

Signature Certificate (DSC). Bidders can participate by sign-up online (create user account) on NIC e-Auction Portal i.e. (https://eauction.gov.in).

(2) Date and Time of making payment of e-Service Charges & Participation Fees through offline demand draft. After the deposited of Participation Fees & Earnest Money the bidder have to uploaded the photocopy of D.D , Technical Evaluation Documents on e-auction portal and the same should be approved and verified by the authorized committee of Haryana Tourism Corporation Ltd..

I. GENERAL INFORMATION TO BIDDERS

1. The Bidders can download the e-Auction documents from the Portal: (https://eauction.gov.in).

2. The intending bidders before participation in the Online Auction/ bidding process will be required to create their user id and password at i.e (https://eauction.gov.in) step’s to create user id and password steps:-

• Go to Online Bidder Enrollment link at eauction.gov.in

• Fill all the required information at online bidder enrollment page.

• After successfully creation of user id and password intending bidder required to login in eauction.gov.in

• Link Digital Signature Certificate( D.S.C) with indenting bidder’s account at eauction.gov.in

• After Successful completion of above said point’s bidder will able to go at their home page screen at eauction.gov.in and then bidder can participated in intending auction.

3. To be eligible to participate in the Online Auction. He/She will be required to

make offline payment of e-Service Fee & Participation Fees as per details provided in point no. 2 & 3 The intended bidder who fails to pay e-Service Fee & Participation Fees under the stipulated time frame shall be restricted to participate under Online Auction.

4. The Bidders shall have to pay mandatorily e-Service fee of Rs. 1000/-@18% GST=1180 (Rs. One Thousand One Hundred Eighty only) (Non Refundable) only through offline demand draft (Date & Time). in favor of “SOCIETY FOR IT INITIATIVE FUND FOR E-GOVERNANCE “& Participation Fees shall have to deposit ( Earnest Money) in the shape of offline demand draft in favor of Haryana Tourism Corporation Limited payable at Chandigarh respectively. Both D.D s are to be deposit in office of Haryana Tourism Corporation by due

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date & time. 5. The Participation Fees / Earnest Money Deposit (EMD) i.e. Rs.10,00,000/-

( Rupees Ten Lakhs Only ) in the shape of DD is to be submitted by the bidders only through offline mode.

If the intended bidder remits the funds through, offline demand draft the last

date and time for payment will be on 24/12/2021 upto 11.00 am. Payments shall not be accepted during the Online Auction (thereby means that no bidder shall be allowed to participate during the process of the Online Auction i.e. the time of Start & till the Close of Online Auction/between 30/12/2021 (11.00 am) to 31/12/2021 (04.00 pm).

NOTE:- If the Online Auction for same are cancelled or recalled on any grounds, the e-

Service fee of Rs. 1000/-@18% GST=1180/- (Rupees One Thousand One Hundred Eighty only) (Non Refundable) will not be refunded to the bidder(s).

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FINANCIAL BID RELATED DETAILS MINIMUM RESERVE PRICE - 90.00 Lakhs Per Year Increase in the LICENSEE FEE for 4th to 6th years will be as per prevailing market conditions, subject to minimum of 15 % increase over previous Licensee fee. Increase in the LICENSEE FEE for 7th to 9th years will be as per prevailing market conditions, subject to minimum of 15 % increase over previous Licensee fee. RESERVE PRICE FOR E-AUCTION- 90,00,000/- per year. MINIMUM INCREASE PERMITTED IN E-AUCTION- 20,000/- GST – 18% Extra as applicable

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HARYANA TOURISM CORPORATION LIMITED

Registered Office: SCO: 17-18-19, Sector 17B, Mann

Building, Chandigarh - 160003 CIN No. U63013CH2010GOI031999,

GST No03AADCC8570B1Z2

E-AUCTION

HARYANA TOURISM CORPORATION LIMITED invites E-AUCTION/ E-bids from prospective e-bidders for licensing out Convention Centre

of HTC at Tilyar Lake, Rohtak on License basis on “as is where is

basis”. The details of the area are as under: -

Sr. No.

Description Area (in Sq. Ft -

approx)

1 Ground Floor 19126

2 First Floor 6723.31

3 Adjoining Lawn / Green /Open Area/Parking

54250.39

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Note: Photographs of exterior and interior areas are annexed for ready

reference

Interested parties are advised to visit the site/ premises before

submitting E-bid and assess the proposed area and related infrastructure available there. For more details, please contact Shri

Partap Sharma, DDO of Tilyar Lake on mobile nos. 9991364095 / 9416158601.

The interested e-bidders have to submit their bid document as per the eligibility criteria, for managing/ operating the Convention Centre of

Haryana Tourism Corporation Ltd. at Tilyar Lake, Rohtak on license basis on “as is where is basis”.

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Terms & conditions

The detailed information regarding eligibility criteria and terms &

conditions are as under: -

1. Eligibility Criteria:-

a) E-bidders can be an individual, Company, Partnerships

engaged in the business of banqueting operations and / or Event Management.

b) The e-bidders should have minimum three (03) years’

experience of managing/ operating/ running at least one Hotel, Resort, banqueting/ event management or similar activity in Hospitality sector. For this purpose, the e-bidders

will have to submit adequate proof.

c) The e-bidders shall submit banker’s certificate of financial soundness/ solvency certificate from their nationalized/ scheduled bank for minimum Rs. 5.00 Crore. The certificate should not be issued six months prior to the date of submission of bid and should be valid during the license period [The same shall be renewed, and would be furnished to

the DDO, Tilyar from time to time]. d) The e-bidders should have an average turnover of at least 5.00

crore for the last three years i.e., 2017-18, 2018-19, 2019-20

(2020-21 being excluded due to COVID).

e) The e-bidder must submit IT returns for the last 5 years and audited /C.A. Certified Balance Sheet for the last 3 years. Further, the PAN/TAN registration must be in the name of the

e-bidder. f) E-bidder must submit GST registration certificate of Haryana

for the last 2 years including GST filed certificate till July

2021. g) E-bidder must submit ID proof/address proof of registered

company address.

h) The team head of the e-bidder must be minimum graduate.

i) The e-bidder should also be in operation during the current

year. j) For the purpose, the e-bidders will submit Solvency Certificate

statement in the following format.

Format of Solvency Certificate

To

No…….................................. …………………………….….. …………………………….….. This is to state that to the best of our knowledge and information, Mr./ Ms./M/s a customer of our Bank is respectable

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andcanbetreatedasgooduptoasumofRs……….(Rupeesinwords………………………………….).

It is clarified that this information is furnished without any risk and responsibility on our part in any respect whatsoever more particularly either as guarantor or otherwise. This certificate is issued at the specific request of the customer.

For BANKMANAGER (Signed and Stamped)

Place: Date:

k) Only those-bidders who have not been blacklisted by Central/ State Govt. Department or by any appropriate authority in India on the date of issuance shall be entitled for e-auction.

For the purpose, the-bidders shall submit an undertaking regarding blacklisting / non-blacklisting.

2. Any corrigendum/ amendment in the terms and conditions of the e-auction document or any other change, if required, will be issued/

published in Newspapers and the same would also be uploaded on e-Procurement System Government of Haryana portal http://eauction.gov.in and Haryana Tourism website;

www.haryanatourism.gov.in. Accordingly, it would be the responsibility of the e-bidder to make amendments in his bid.

Technical Evaluation: -

a) The bidder with minimum 3 years’ experience in

Banquet/Hotel/Restaurant/Catering Business would only be

eligible for technical evaluation.

b) The Technical Evaluation Committee will examine and

evaluate the technical e-bids of the bidders and submit their

report, based on criterion fixed by HTC. The e-bidders would have no right to object on the final decision/report of the Technical Evaluation Committee.

3. The bidder will have to submit the renovation/ up-gradation plan for the premises as a part of Technical bid.

4. In the Financial Bid, the e-bidders would quote financial bid/rate/

on yearly license fee without GST/taxes as the GST/taxes would be charged extra as applicable. In case, the e-bidder submits the financial bid on yearly license fee including taxes/GST, then HTC

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would neither be responsible for it nor entertain any request for adjustment for the same. The financial e-bids of only those e-bidders will be opened, who qualify the above said eligibility criteria

and the e-bidder quoting highest yearly license fee will be awarded the contract. In case of same rates quoted by two or more e-bidders, the decision would be taken based on financial status and experience.

5. After the opening of the financial e-bids, a letter of intent (LOI)

would be issued to the highest/successful e-bidder. The successful e-bidder in response to the letter of intent would have to give acceptance within 07 days from the date of issuance of same along with payment as per terms and conditions. In case, no such

acceptance is given within the stipulated period, the LOI would be

deemed as cancelled, and the licensor would be at his discretion to consider the next eligible bidder.

After the acceptance of the LOI, license would be granted to the highest bidder. Thereafter the licensee shall be allowed to use and occupy formal the premises within 3 days from the date of issue of

license and accordingly, license agreement would be duly executed between two parties. Consequently, the licensee would be given 90 days period (without any license fees) for renovating, upgrading, furnishing of premises as per plan submitted at the time of submission of Technical Bid, at its own cost and expense.

Subsequently, after expiry of 90 days, the period of license would commence and the licensee would be bound to make periodic payment as per terms and conditions.

*Note: -The open space/ area would be given on “as is where is

basis”. All the expenses incurred on repair/renovation of

existing structure will be borne by the Licensee and the total

fittings and fixtures, if any installed by Licensee will become

the property of the Licensor after the expiry of the License

period.

6. The licensee shall not make any alterations or additions in the

existing layout/structure of the Premises or remove from any of the Licensor’s fixtures or fittings therein without obtaining prior written approval of the licensor/HTC. Any new activity or alterations

needed, arising out of the same or due to temporary experiences shall require the prior permission of HTC.

OTHER TERMS AND CONDITIONS

7. In these terms and conditions unless the context otherwise

required:-

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i) “Licensor” means the Haryana Tourism Corporation Ltd., Chandigarh.

ii) “Licensee” means, a person, a firm or a company to whom

the premises is allotted at the Tilyar Convention Centre.

iii) “License fee” means, the sum of money payable yearly by the licensee in accordance with the terms and conditions of license in respect of premises allotted by the licensor.

iv) “Letter to Intent” means a written communication by the Licensor to successful e-bidder confirming his acceptance of E-Auction.

v) “License” means, the certified document given by the HTC to the selected bidder, who has executed the license agreement with HTC pursuant to the conclusion of the bidding process.

vi) “License Agreement” means duly executed agreement

between two parties.

vii) “Premises” means the Convention at Tilyar Tourist Complex, Rohtak as mentioned in drawings and maps of the bid document.

8. The areas/premises of Tilyar Convention Centre, Rohtak are and

shall be deemed to be “public premises” as defined in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 now in force and the said Act or any other Act touching the subject that may hereinafter come into force and the rules framed there under.

9. The prospective e-bidder for the allotment of the premises would be

required to submit Earnest Money Deposit (EMD) of Rs.

10,00,000/-(Rs. Ten Lakh only) in the form of Demand Draft drawn in favour of “Haryana Tourism Corporation Ltd. Chandigarh,” from any scheduled Bank and payable at “Chandigarh” (or) RTGS

alongwith an application offer on prescribed form. Earnest money shall not be accepted through cheque. The earnest money deposit of unsuccessful e-bidders shall be refunded after the acceptance of LOI by the successful bidder. In the case of successful e-bidders, EMD will be adjusted towards interest free security deposit or it may be forfeited in case the successful e-

Bidder refuses to accept the award of license or fails to complete the

required formalities or occupies the premises on any account within the stipulated period or delay in starting the operations beyond the permitted time under the license.

10. The allotment of premises shall be initially for a period of 3 (Three)

years with provision of another extension for a period of 3 (Three) and further 3 (Three) Years i.e. 9 (Nine) Years (3+3+3) on revised

license fee. The extension of another 3 years after completion of initial period of 3 years would be subject to revised license fees based on the prevailing market conditions, subject to minimum 15%

increase over that of the previous license fee, thereafter further extension of 3 years would also be on the prevailing market

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conditions, subject to minimum of 15% increase over that of the previous license fee, at the sole discretion of worthy MD, HTC.

11. The licensee shall without prejudice to the other rights and remedies of the license, be liable to pay penal interest @ 12% per annum on the outstanding dues. Action will also be taken under the Negotiable Instrument Act, in case the cheques submitted by the

Licensee is dishonored on due date. The Licensor will have right to terminate License if two cheques of two subsequent installments bounce / return unpaid by the banker.

12. The licensee will have to deposit interest free security equal to 12

(twelve) months determined license fee, less the earnest money/ EMD within 15 days from the date of offer letter. Failure to deposit

the interest free security within 15 days from the date of offer, the amount of earnest money/ EMD deposited as earnest money by

Licensee may be forfeited.

13. It is expressly stated that the e-bidder will get the right of a Licensee

and that the possession of premises / land/building etc. lies with the Licensor and the licensee can have only a right to use and

occupation of the portion of the licensed premises to be licensed and other right whatsoever. This will not be a lease and the relationship will only be that of Licensor and Licensee on a Public Private Partnership and not that of landlord and tenant or Lessee.

14. In consideration of the periodical payments agreed to be made by the licensee and other licensee’s undertakings hereinafter set out, the licensee will be entitled to carry out the activities at the premises as per approved norms for which the premises will be allotted (hereinafter called the authorized purpose) on the days and during the hours to be determined by the Licensee in consultation

with the Licensor (HTC) from time to time. 15. The Licensee would be bound to offer services to the guests who

have already booked premises by making advanced payment to the

Licensor, if such date falls during the license period. Provided that any such advance payment received by the Licensor shall be remitted to Licensee.

16. The licensee may install and operate Music/ Public Address System within the premises in compliance of permissible limits as notified by concerned authorities from time to time. All requisite licenses in

this regard will be obtained by the Licensee.

17. The licensor shall have right to terminate the license by giving 03

(three) months’ notice without specifying any reasons. The licensee shall also have a right to terminate the license by giving 3 (three)

months’ notice subject to clearance of all outstanding dues till the last day of occupation of the premises. If the licensee terminates or

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abandons the license without giving notice as aforesaid, the licensee shall be liable to pay liquidated damages equivalent to the license fee payable to the Licensor for three (03) months from the date, the

notice is received by the Corporation. The right of the licensee to terminate this License by giving three months’ notice shall be subject to clearance of all outstanding dues till the last day of occupation of the premises. The Security Deposit will be refunded

without any interest and after deducting any dues outstanding against the Licensee within three months of the date of termination of the license. Further, the Licensor shall have right to deduct and adjust any amount towards any damage caused by the Licensee to the property of the Licensor or otherwise.

The Licensor shall be at liberty to terminate this license without

notice in the event of a petition being presented in the Court for

declaring the licensee as insolvent or otherwise. In all such cases, the decision of the Managing Director, HTC shall be final and binding irrespective of on the point whether or not breach has been committed.

After the termination of contract or pre-mature termination, as the case may be, the renovation work done, if any and other fixed fixtures will become the property of the Corporation. The ownership rights of permanent fixtures renovated/ upgraded by the licensee shall vest with the licensor without any consideration, and the

licensee will have no objection to it.

18. The licensee will furnish postdated cheques i.e. equivalent to 12 month’s license fee in advance every year on year to year basis, to ensure timely deposit to the HTC account. In case, any cheque is dishonored by the bank on presentation, the licensee will not only

be liable to pay penal interest @ 12% per annum on the outstanding dues and the charges of cheque bouncing, but also be liable for criminal proceedings under the Negotiable Instrument Act and other rights and remedies, as may be available.

19. The Licensee shall be required to do as under: -

i) To furnish/ upgrade permanent fixtures and furniture

including false ceiling etc. in the existing structure, if required, the same will be carried out by the licensee at his own cost, subject to prior approved of drawing from the competent

authority. ii) To pay the monthly license fee in advance by 7th of every month

or as defined.

iii) To comply with all terms and conditions as hereinafter

indicated. iv) To bear all expenses/charges incurred to run the premises

including staff salary, electricity and water expenses (including

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water/electricity meter, if required) etc. v) In case the licensee requires any additional water/electricity

requirement due to certain exigency, the Licensee would have

to make his own arrangement for the supply of

water/electricity to the premises. vi) It will be sole responsibility of the Licensee to get L-12-A

License and other permissions from the concerned Excise Department for doing his business from time to time.

vii) Parking of vehicle will only be allowed in designated areas as identified by the HTC.

viii) The common packages services (if applicable) will be shared on mutually agreed terms by Licensee as well as Licensor.

ix) The Services offered by the Licensee will also be offered on the website of HTC.

x) The House Tax/ Property tax will be deposited by the Licensor, but the same will be reimbursed to HTC by the Licensee on

production of deposit slip. xi) The licensee will be responsible for meeting the operational

expenses for running the premises, staffing (including uniform) etc., expenses on training of their staff, advertisement/publicity and sales promotion etc. The maintenance /repair of the machines/fixtures etc. including

those made available by the licensor shall be the sole responsibility of the licensee.

xii) Cleaning and maintenance of the “Premises” shall also be the

responsibility of the Licensee.

xiii) To upkeep and maintain the premises as per the level of Licensor. For this purpose, the periodic inspections will be carried out by the MD / Designated representative/Head of the Unit/Resort to check the premises for carrying out necessary upkeep. In the event of default, the Licensor would ask the Licensee to make the necessary changes. In case even after asking of Licensor, the necessary changes are not made, then the licensor shall be entitled to carry out such repairs or renovations and to recover such costs, charges and expenses thereof from the licensee.

xiv) The Licensee shall have co-branding rights over the premises.

The Design and Logos etc. would be as per approval of the competent authority of HTC.

20. During the currency of this license, the licensee shall undertake as follows: -

a) That the Licensee shall undertake requisite up-gradation, up-

keeping of the premises including permanent fixtures at his

own expenses in a good substantial and workman like manner and to the satisfaction of the licensor, so as to keep premises at

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par with a 4-star standard Hotel. b) That the Licensee shall take full responsibility for the care of

the entire premises and for taking precautions to prevent loss

or damages and minimize loss or damage to the greatest extent possible and shall take comprehensive insurance policy of the guests, equipment and fixtures for injury, theft, fire and covering all other risks at their own cost and, as such, keep

HTC indemnified at all times against any claim/s, losses and/or damage arising out of any injury, bodily harm, disability, death or due to any other reason whatsoever in the nature of a third party claim or otherwise. Any human loss / loss of property of the visitors / guests will be duly compensated by the Licensee and Licensor will not be

responsible for any compensation whatsoever directly or as

awarded by the competent Court/Tribunal.

c) That during the license period, the licensee shall adhere to all the statutory requirements with regards to provision for security guards, life support equipment, first-aid and fire fighting equipment etc. at their own cost and to take necessary steps to ensure safety of the guests/customers who uses the premises.

21. The licensee shall not sublicense or otherwise part with the licensed

premises or the said building or any part thereof.

22. The licensee shall not use the premises/space under his

possession/deemed possession for any purpose other than for the

authorized purpose.

23. The licensee shall obtain and keep in force all permissions and

licenses at the premises which may be required by the law for use of the etc. and to comply with any condition which may be attached to any such permission or license during the entire license period.

24. The licensee shall manage, operate and conduct operations of the premises, so as to preserve the reputation of the licensor and its Resort / Hotel and to abide by the rules and regulations framed by

the licensor and/or the Administration from time to time and that nothing shall be done permitted or committed contrary to any provision made by or under any statute or law for the time being in force or rules and regulations framed by the Licensor or the Administration and in particular not to use or permit the said premises to be used for any form of unlawful activities.

25. The licensee shall not alter the original colour of the outside of the

premises or the façade and front elevation nor erect sun-screens, curtains or blinds on the exterior nor paste any bills,

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advertisements, posters, notices, cuttings etc. on the glasses nor permit the same to be made, affixed or altered or erected in any circumstances, after the completion of renovation. However, a

specific and prior permission may be sought from MD, HTC regarding signage, indication signs, glow signs, any alterations needed due to exigencies and commercial consideration etc. No defacement of property will be allowed.

26. The licensee will get all the linen of Convention Centre at premises washed at its own cost. If the licensee wants to get the linen of premises washed from in-house arrangement of Laundry services of HTC, then the licensee will be charged by the third party engaged by

the HTC for that purpose accordingly.

27. The licensee shall forthwith remove or cause to be removed any goods, articles or exhibits/exhibited or exposed for sale or being sold in premises which in the opinion of the Licensor are obnoxious

obscene or undesirable.

28. The licensee shall not store or cause to be stored any hazardous,

combustible or dangerous goods in the Premises.

29. The licensee shall not display/affix or exhibit any name or writing or

anything upon the exterior of the premises without obtaining prior written consent of the MD, HTC/Head of the Unit.

30. If there is a break-down or temporary break in the service offered to

the Licensee hereunder for any reason whatsoever, then the Licensor shall not be responsible or liable for any damage caused to the Licensee thereby. Further, for adequate maintenance, repairs or

alterations and servicing of the air-conditioning plant, certain amenities 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 of such suspension to the Licensee, the

Licensor shall, under no circumstances, be held liable for suspension or failures to give notice as aforesaid. The special

relaxations in the event of Natural Calamity, Pandemic, Disaster is at the sole discretion of MD, HTC.

31. Force Majeure and Termination Clause: In the event of non-payment of the license fee by the due or extended date not exceeding two installments or breach or non-observance by the

licensee of any of the condition of the license, it shall be lawful for the licensor to terminate the license notwithstanding the fact that any previous waiver granted due to force majeure circumstances.

The licensee will not be entitled to any compensation, whatsoever on account of such resumption.

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Provided that on sufficient cause being shown, the licensor may for reasons to be recorded in writing instead of terminating the license on the ground of default in payment of license fee allow the

payment to be made with penalty not exceeding the due amount within such period, not exceeding six months on the whole, as he may deem reasonable. The amount of penalty shall, however, be in addition to the payment of penal interest @ 12% per annum as

specified in Clause.

32. In the event of licensee being prohibited from providing any services

in the premises because of Government Laws/Rules/Regulations/orders, the Licensor shall not be liable for any loss suffered by the licensee. In such an event, the licensee shall not be entitled to any reduction in the license fee payable to

the licensor.

33. The licensee further agrees that:-

i) The Licensee shall not employ for work or otherwise allow any

person at the Premises who is not of good character and behavior and/or suffering from any contagious infectious disease or it is not suitable attired or otherwise unsuitable to be seen in a modern luxury.

ii) The Licensee shall furnish to the Head of Hotel, a list of

his/their employees indicating names, parentage, age, residential address, specimen signature alongwith two photographs accompanied by police verification reports for each of them as on date or engaged in future.

iii) The Licensor shall be at liberty to forbid the employment of any person/persons whom it may consider as undesirable character, such person/persons employed by the Licensee shall be subject to general discipline of the Licensor and conform to such directions as may be issued by the Licensor in

respect of routes of entry/departure or otherwise.

iv) It is also agreed by the Licensee that the persons engaged by

him shall not loiter or use the public areas such as Lounge, Lawn, Wash Room, Clock Rooms which are exclusively meant for guests and if any irregularity is found, the Licensor will bring it to the notice of the Licensee for proper action in the

matter. In case no action is taken by the Licensee, the Licensor will have sole right to take any suitable action, which may include termination of the License.

v) The Licensee shall keep his/their employees well-dressed or may order to wear uniform as may be prescribed by the Licensor for easy identification and check. In case the Licensor

finds any of the staff of the Licensee not dressed properly or 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 Licensee and prohibit his entry in the

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Hotel till such time the person is well dressed to the satisfaction of the Licensor.

vi) The Licensee 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 (Licensor’s premises) without sufficient cause or reason. They will keep themselves strictly confined to the licensed premises.

vii) The Licensee, the members of his staff or his representatives shall not do any act which may be derogatory or inconsistent with the Hotel’s (premises of the Licensor) 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 Licensee shall

discharge from service any employee who is charged with such

misconduct or found acting in contravention of the general rules of the Licensor.

viii) The Licensee when called upon by the Licensor, make available himself or any of his / their employees for evidence before the Enquiry Officer appointed by the Licensor or competent court

in connection with the disciplinary proceedings against any of the employees of the Licensor, if the act of misconduct had happened in his/ their presence.

ix) The Licensee shall when called upon by the licensor, make available all or any of his/ 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 Licensee shall do so forthwith, and in the event of the Licensee’s failure to do so, the Licensor shall be at liberty to refuse admission to such an employee to the

premises of the Licensor.

x) The employee of the Licensee shall not seek regularization in the services of the HTC or the Hotel (Licensor’s premises) 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 Licensee and his employees. If the

Licensee employs or engages any person or persons, he/they shall be the servants of the Licensee, in all respects and all responsibilities under any Act or other Laws and Labour Law shall be of the Licensee alone and the Licensor shall not be liable for any claim on the Licensee on account of Workmen Compensation or otherwise.

xi) The Licensee will not employ any employee below the age of 18 years.

xii) The Licensee will install adequate CCTV e-surveillance cameras

with 15 days backup on storage system/DVD to ensure safety & security as per Law.

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34. That the licensee shall pay the utility charges for electricity (including meter hire charges), telephone calls and other facilities provided by the Licensor at the Premises on receipt of bills/demand

by the Licensor. In case of default, the Licensor may, at its discretion, withdraw the facilities/utilities.

35. That the licensee shall not do or permit to be done by any act which may invalidate or in any way affect the stability of the building or

property, wherein the Premises is located.

36. That the licensee shall not throw dirt, rubbish, garbage refuse or

permit the same to be thrown in the Premises or the Hotel. The Licensee will ensure to segregate Dry/Wet/Hazardous waste

separately and further ensure to recycle wet waste. The Licensee will ensure to install Sewerage Treatment Plant (STP) as per required capacity and further will comply all instructions / directions of Pollution Control Board, Local Municipal Corporations, Health

Department etc. in this regard.

37. The Licensee shall not damage the premises or any part of the

premises. In the event of any damage or injury being caused to the any property of the Licensor by the licensee or his employees, servants or agents or any one with the acceptance or implied

consent of the licensee or as a result of the use of the premises for unauthorized purpose, the licensee shall at its own expense make good all such damage or injury and in the event of his failure to do so within seven days (07) after occurrence of such damage, the Licensor may make good such injury/damage and the Licensee shall indemnify the licensor against all such costs and charges and

expenses in respect thereof, failing which the cost incurred will be recovered from Security.

38. That the licensee shall charge reasonable rates for rendering the

services keeping in view the market trends / rates.

39. That the licensee shall forthwith on the expiry of the license or its earlier termination by the Licensor vacate the premises and remove all its temporary wares equipment, furnishings etc. and in default, the Licensor’s representatives shall be fully entitled to get the premises vacated without being liable to damages or otherwise.

40. All taxes prevalent and any other taxes which may be levied by the

Government of India / Government of Haryana or any other

statutory authority during the currency of the license shall be borne and paid by the licensee.

41. The Licensor will, however, provide and agree with the licensee as

follows: -

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a) To permit or cause to permit the Licensee, his employees,

servants and agents to enter and use the Tilyar Convention

Centre, Rohtak.

b) To keep or cause to be kept the other adjoining activities/premises, (other than the licensed premises) in good condition.

c) To provide the following facilities/services-

i) Cleaning and keeping in neat and tidy condition common passage, lobbies and entrances around Premises.

ii) Looking after and attending to the electricity, water and sanitary fittings in the common entrance around

Premises. iii) Providing watch and ward for the common areas shared

by Licensor and Licensee, if any, provided that the

Licensor shall not in any way be responsible in case of any theft, pilferage or loss.

iv) Provided that the common services, if any, like water, telephone services etc., may be shut-off and cut-off for the purpose of altering, repairing services or overhauling any apparatus machine, plant or installations provided further

that in the event of failure of the central air- conditioning or the telephone beyond the control of the Licensor, the

Licensee shall have no recourse against the Licensor for non-provision of the above facilities.

42. On the expiry of the period of the license, the license shall vacant

the premises, the licensee shall handover the same in good and proper condition. Subsequently, the Licensor shall refund the Security Deposit to the licensee after due inspection.

43. The licensor may through his officers, Officials or representatives at all reasonable times and in a reasonable manner after notice in writing enter in and upon any part of the said premises for the

purpose of ascertaining that the licensee is duly observing the conditions of this license ordinarily, 24 hours’ notice will be deemed

to be a reasonable notice.

44. Upon expiry of the period of license or in case of termination thereof for any reason whatsoever, the licensee would immediately hand over the premises to the HTC.

45. In case, the Licensee does not remove his articles and goods, the same shall be removed by the Licensor at the risk and cost of the Licensee and the Licensee shall have no claim whatsoever on this

account against the Licensor. The Licensor shall, however, have lien over the goods and the articles and Licensee shall not be allowed to remove the same unless all the dues of the Licensor have

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been paid by the Licensee.

The Licenser also reserves the right to auction the materials /

goods of the Licensee, if the licensee does not remove the goods/articles within a period as may be informed by the Licensor to the Licensee, after clearing all outstanding dues. In such an event, the Licenser shall adjust the auction proceeds with the

amount due and return the balance to the Licensee.

46. The Fire Fighting equipment will have to be installed / maintained

by the Licensee and NOC from the concerned Fire Department / Municipal Corporation will have to be ensured by the Licensee. The

monthly Insurance Cover of the Premises / building with third party liability coverage will have to be ensured by the Licensee.

47. On the expiry/termination of license, the licensee shall deliver the

vacant possession of the Premises in its existing state at the time of such expiry/termination to the Corporation, failing which said

premises shall be got vacated in accordance with the provisions contained in the Public Premises (Eviction of Unauthorized Occupants) Act 1971. The cost of damages, if any, to the premises or fixtures shall be recovered from the licensee.

48. The amount of interest free security lying at the credit of the

licensee shall be refunded after adjusting all the dues.

49. On the expiry of license period or extended period, the licensee

shall deliver the vacant possession of the premises on “as is where is basis” i.e., without any damage / removal of assets is. The damage, if any, shall be recovered from the licensee. Failure to hand over the vacant possession, the premises shall be got vacated under the Public Premises (Eviction of unauthorized occupants) Act,1971.

50. On expiry of License period, the Licensee will duly inform in writing

about all bookings / commitments made to the guests for the future

dates. All the advances against all such bookings / commitments will be transferred / remitted to the Licensor.

51. No extension beyond 9 (Nine) years of License period will be granted by the Licensor to the Licensee under any circumstances, whatsoever, and the Licensor will be free to float fresh E-AUCTION for future (or) will be free to take-over possession of the premises for running Tilyar Convention Centre, Rohtak on its own through its own staff.

52. The Managing Director of the Corporation has the right to impose

additional terms and conditions from time to time for the benefit for licensees and in the best interest of the Corporation.

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53. The Licensee shall indemnify HTC from any claims that may arise from the statutory authorities in connection with this License.

54. That the Payment of stamp duty on agreement, if any, to be

executed in pursuance of this bid will be borne by Licensee. 55. That in the event of a controversy, dispute or claim arising out of,

in connection with or in relation to the interpretation, performance, nonperformance, validity or breach of this E-bid or

otherwise arising out of, or in any way related to this agreement or the transaction contemplated here by, including any claim based on contract, tort, statute or any other law (collectively, “Agreement Dispute”), the party claiming such agreement dispute shall give a written notice to the other party setting forth the agreement dispute. Following delivery of a dispute notice, the executive

officers/designated persons of the parties shall negotiate for a

reasonable period of time and settle such agreement dispute: provided that such reasonable period shall not, unless otherwise agreed by the parties, exceed 45 days from the receipt of dispute notice. In case the parties after negotiation are not able to settle out their difference(s), then the Competent Court at Chandigarh

only shall have exclusive jurisdiction over the subject matter of the dispute.

Managing Director

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ANNEXURE – A

LIST OF EQUIPMENTS / MACHINERY/ ASSETS

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TECHNICAL BID DOCUMENT

E-AUCTION for Licensing out Convention Centre on

Licence basis at Tilyar Lake Rohtak

Sr. No

Description To be filled in by the firm.

1. Name Address of the E-bidder

2. Telephone No. , Email ID, Mobile No. Website:

3. Legal status of the applicant i.e. whether individual/ firm/ partnership/ company (attach copies of document defining the legal status).

4. GST No.(Haryana) PAN No. TAN No. CIN No.

5. Income Tax Return, Balance Sheet showing financial status 2017-18 2018-19 2019-20 2020-21 (COVID-19)

6. Attach documents showing experience

7. Attach Solvency certificate in the format

(Refer Point No.1 (j) of the “Eligibility Criteria”)

8. Attach undertaking regarding

blacklisting/non- blacklisting.

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9. Proposed Civil Renovation / Repair

(Attach separate sheet if required)

10. Attach list of equipment/

machinery/Furniture/Fixture proposed to be installed along with specifications and make/ brand.

11. Details of Fixed Assets IN

Possession of applicant Company/Proprietor/Partners (Use separate sheet for

detailed information / documents along with duly self attested proofs)

12 Details of Renovation/ Up-gradation plan proposed to be executed by interested party (Use separate sheet to furnish details along with detailed ppt,

drawings, 3-D flow etc.)

13. Any other information considered necessary.

Signature__________________

Name_____________________

Stamp/Seal________________

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HISTORY OF ROHTAK DISTRICT

The district derives its name from its headquarter’s town Rohtak which is

said to be a correction of Rohtashgarh,a name still applied to the ruined

sites(also called khokhrakot) of two older sites, one lying immediately north

of the present town and other about 5 Kms.towards the east. Traditionally,

it is named after Raja Rohtash in whose days, city is said to have been

built. It is also claimed that the town derives its name from the Roherra

(Tacoma undulate) tree called Rohitaka in Sanskrit. It is said that before the

town came into existence,it was the site of a forest of Rohitaka trees and

hence its name became Rohtak.Another version connects Rohtak with

Rohitaka, which is mentioned in Mahabharata in connection with campaign

of Nakula, the Pandva warrior.

The areas of Rohtak district underwent many changes, extending over

hundreds of years before the administrative unit emerged in its present

form. Under the Mughal Emperor Akbar, when his Minister Todar Mal

divided North India into administrative circles, the areas of Rohtak(as a part

of Suba of Delhi) fell within the Sarkars of Delhi and Hisar firuqa. Lying

close to the imperial city of Delhi, the tract which now comprises the

Rohtak district was often granted in military Jagir by the Sultan and

Mughal emperors to the Nobles of the court. For this reason Rajput,

Brahman, Afghan & Baluch chiefs have at different times enjoyed its

revenues. On the death of Bahadur-Shah-I(1707-12),the successor of

Aurangzeb, the Mughal empire began to decline rapidly. The areas of

Rohtak frequently experienced a change of masters. The claims of Imperials

were contested sometimes by the Rajputs, Jats& Sikhs and often by the

Marathas. George Thomas, the protégé of a Maratha leader, AppaKandirao,

established his authority at Hansi and extended it to Meham and Rohtak

for a number of years, until Sindhia and various other regional forces

combined to derive him away. Sindhia was, however, not destined to hold

for long his conquests to the west of the Yamuna. By the treaty of Surjit

Arjungaon, signed on Dec. 30,1803, the Rohtak area along with the other

possessions of Sindhiasituated to the west of Yamuna passed to the British

and came under the administration of the North-west provinces.

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Present Infrastructure of Haryana Tourism & Government of Haryana

at Rohtak

Haryana Tourism has infrastructure in Rohtak namely; Tilyar Lake in

outskirts of town, Myna Tourist Resort in downtown and Institute of

Hotel Management in the close vicinity ofTilyar Convention Centre. There

is no shortage of trained hospitality related manpower due to IHM, Rohtak.

Maharishi Dayanand University at Rohtak has made the city an educational

hub in close vicinity of Delhi-NCR. Institute of Fashion Designing, Apparel

Design Institute makes it a complete advanced level educational city.

There is a lot of scope of Convention centres, Marriage/Function/Event

venues in Rohtak at present due to its fast paced development and socio-

economic standing in North India.