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Subject:-

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HIGH COURT OF CHHAITISGARH, BILASPUR

Bilaspur, the 23rd October 201 8

MEMO

Regarding the Rules pertaining to giving Canteen, Photocopying and Cycle Stand in ^{District Courts,}

2017.

Extract ofthe Minutes of the full Court meeting of Hon'ble Judges held on 9th October, 2018.

No. 10035/III-19-1412001. -

With reference to the subject cited above, I am directed to inform ^you that ^the

Rules pertaining to giving Canteen, Photocopying and Cycle Stand in District Courts, has been ^{approved by the}

Hon'ble Full Court.

sd/-

(NeelamChand Sankhla)

Registrar General.

961

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ln compliance ^{of the order of Hon'ble Full court, a Draft'scheme for}

giving canteen, Photocopying ^{and cycle stand on contract basis in District}

courts by ^{inviting tenders, is as follows for kind consideration and orders:-}

ln exercise ^{of the powers conferred under Article 227 read with}

Article 235 0fthe ^{constitution of lndia and all other powers enabling them}

in this behalf, ^{the Hon'ble the chief Justice and the Judges of the High}

court of chhattisgarh, ^{hereby, makes the following Rules pertaining to}

giving Canteen, Photocopying ^{and Cycle Stand'}

1. Short ^{Title, Commencement and Scope}

(1) These Rules ^{Shall be Called "The Rules pertaining to giving Canteen'}

Photocopying ^{and cycle stand in District courts, 2017".}

(2) lt shall come ^{into force with the immediate effect'}

(3) These Rules shall ^{be applicable to all District Courts and Outlying}

Courts in the ^State.

2. Definitions

' ln these Rules, unless the context othenruise requires-

(1) "state" means ^{the chhattisgarh state of union of lndia'}

(2) "High court" ^{means the High court of chhattisgarh.}

(3) "Registrar General" ^{means the Registrar General of Chhattisgarh High}

Court.

(4) ^,'District court" ^{means the District courts of the state'}

1S; ^{"Disiiict Judge" means the District Judge of the District Court'}

(6) ',union" means ^{the Zila Nyayik Employees sangh of the District court'}

registered under ^{the Society Registration Act, and feGOgnized by}

High Gourt ^{of Ghhattisgarh.}

(7)',Application" means, ^{the format of application as at Annexure-1'}

(8) ^{,,Committee" means, a committee constituted by the District Judge}

consisting of ^{Senior Additional District Judge/Special Judge' Chief Judicial}

Magistrate and ^{clerk of couruAccountant in the district headquarter and in}

case of outlying ^{stations, the officer incharge of the Nazarat and Naib}

Nazir.

3.

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Procedure ^{of Giving Canteen on contract basis}

(1) Applications ^{shall be invited for running canteen on contract basis from}

the interested ^{persons/firms by the President of the union with the}

approval of ^{the District Judge. After the recommendation of the}

Committee ^{by way of advertisemenUnotice in this regard on the website of}

the District ^{Court and/or publication in local news paper and applications}

shall be ^{submitted within 7 (seven) days from the date of publication' A}

copy of ^{prescribed format of application shall be uploaded on website of}

District Court ^{and hard copy of application shall also be made available to}

the applicants ^{by the union until the last date of receiving of application'}

The applicant ^{shall mention the bid amount (monthly licence fees/rent) for}

running ^{canteen in the application. He shall be required to deposit the}

earnest ^{money of 25% of the total bid amount by way of Demand}

DrafuBankers ^{cheque which shall be drawn in favour of the President of}

, the Union. ^{He shall submit the application alongwith the earnest money in}

the sealed ^{envelope within the stipulated time. The application received}

after the cut ^{off date or without the earnest money shall be rejected and no}

correspondenceshallbeentertainedinthisregard.

(2) on expiry ^{of the Iast date of submission of applications' the President}

of the Union, ^{on very next working day, shall open all the received sealed}

envelopes ^{before the Committee or the available senior most Judge (in}

Outlying Station, ^{the senior most Judicial Officer) or any officer authorized}

by the ^{District Judge, in the presence of all app'licants (or the person}

authorized ^{by the applicant in writing to be present on his/her behalf)'}

(3)Afteropeningofalltheapplications,theapplicantwhosoeverhas

quoted the Highest ^{bid shall be declared as successful bidder by the}

authorized ^{officer and that applicant shall be given the assignment of}

running canteen. ^{The earnest money of the remaining applicants shall be}

returned ^{to them, as soon as possible Within 7 working days' by}

obtaining ^{proper acknowledgement from them'}

e62 ⁽²¹

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(9) The canteen operator shall pay the electricity and water bills and other

maintenance charges as applicable.

(10) The canteen operator shall deposit licence fees/rent of two months as

advance in the Bank Account of union @ the bid amount per month as

quoted by him. This rate shall prevail until 31't March. Thereafter, the rent

of canteen shall be enhanced by 5o/o of the bid amount and so on in every

upcoming years' The canteen operator shatl require to deposit the monthly

rent latest by the 1Oth day of every month in the account of Union. lf he

fails to do so, matter wiil be taken up by the union for termination of

assignment by giving notice to the canteen operator.

contract basis

Procedure for giving permission to run Photocopy Machine in District

Court Premises shall be same as mentioned in the procedure for giving

canteen from serial no. 1 to serial no. 5, serial no. g and seriat no. 10.

(1) The successful bidder shall install its own photocopy machines and

depute operators at the place provided by the District Judge in the court

Premises.

(2) The charges of photocopying shoutd be cost effective to the ail.

Procedure for giving permission to run cycle stand in District court

Premises shall be same as mentioned in the procedure for giving canteen

from serial no. 1 to seriar no. 5, seriat no. 9 and seriar no. 10.

(1) The successful bidder shall ensure the safety of cycles parked in the

cycle stand. ln case of any damage of cycle he shalt be held responsibte.

(2) The committee has the power to fix rate of .cycre stand on

daily/monthly basis for different type of vehicle for staff/Advocates &

others.

(3) Government vehictes & vehicle of Judiciat officers are exempted from

the charges.

4.

5.

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e62 ⁽³¹

(4) The successful bidder shall ^{ought to deposit the remaining 75o/o of the}

bid amount by way ^{of Demand DrafUBankers Cheque drawn in favour of}

the ^president of Union ^{in the next 7 working days failing which the earnest}

money deposited by ^{him alongwith the application shall be forfeited. The}

successful bidder ^{shall be given assignment of running canteen only after}

depositing the entire ^{bid amount in 7 days. The President shall deposit the}

received bid amount in ^{the Bank Account of Union.}

(5) (a) The President of the ^{Union after approval of the Committee shall}

execute an agreement ^{in favour of the successful bidder for assignment of}

running canteen on ^{contract basis with a condition that contract shall be}

ceased after the completion ^{of the term mentioned in agreement'}

(b) The District Judge shall ^{reserve the right to terminate the}

agreement of running ^{canteen at any point of time without giving any prior}

notice.

(c) The canteen operator also ^{at any point of time may abdicate the}

agreement of running ^{canteen by giving 45 dayS notice. ln that case, the}

President of Union, ^{on expiry of 45 dayS, shall return the balance}

advance if any to the ^{canteen operator.}

(6) ln case of any dispute the ^{decision of the Committee after approval of}

the District Judge ^{shall be final subject to the condition that the District}

Judge refers the matter ^{to the High Court through Registrar General and}

High Court approves ^{the same.}

(7) The rate of items to be ^{sold by canteen shall not exceed the market}

rate rather it should be below ^{to that as far as possible. All the packed food}

items should be sold ^{below M.R.P. as far as possible. ln any case, no item}

can be sold above ^{M.R.P. in the canteen. The quality'and hygiene of}

snacks, beverages and ^{foods served by the canteen should be maintained}

by the canteen ^{operator. The canteen operator shall maintain the}

cleanliness in canteen.

(8) The canteen operator shall ^{provide neat apron and uniform to its cook}

and all attendants.

e62 ⁽⁴¹

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6. Utilisation of the income ^{received from giving Ganteen,}

Photocopying and Cycle ^{Stand on contract basis.}

(1) Union shall deposit the required licence ^{fees/charges as per rules with}

Public Work Department.

(2) ln case if any Ctass lll or Class lV employee ^{dies in harness the union}

shall immediately ^provide Rs. ^{1O,0OO/- or the 20% o'f the amount available}

in the fund whichever is less to ^{the bereaved family'}

(3) The Union shall organise a function on ^{superannuation of every}

employee of the District Court ^{and shall arrange the refreshment and}

memento for him/her.

(4) The Union shall organise a function on the ^{occasion of independence}

day/republic day and shall arrange ^{refreshment etc.}

(5) Union may utilise the fund for some ^{other purposes also subject to the}

approval of Committee.

(6) Union shall make audit of the fund at the ^{end of every financial year}

and such audit report shall ^{be placed before the Committee.}

lf Committee observes any ^{grave irregularity then the suitable}

disciplinary action will be ^{recommended by the Committee against the}

responsible ^person to District ^Judge.

(7) Thq Union shall utilise the fund ^{received from giving canteen}

photocopying and cycle stand on contract basis ^{as trusty of the fund' ln}

case of any breach, suitable disciplinary ^{action will be taken against them'}

7.

lnterpretation

lf any question arises as to the ^{interpretation of these Rules, the}

decision of the High Court ^{shall be final.}

B. High Court reserves the ^{right to amend and repeal these Rules.}

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1.

ANNEXURE.l

FORMAT OF APPLICATION ^FORM

APPLICATION FOR PERMISSION

\

(1) RUNNING CANTEEN lN

District CourUCou rt Premises

(2) RUNNING PHOTOCOPY MACHINE- ^{District CourUCouft Premises}

(3) RUNNING CYCLE STAND

* Strike off which is inapplicable.

Name of the Applicant

FullAddress

Proof of ldentity

(Self attested photocopy must ^{be attached)}

5.

Bid Amount of Tender

(monthly licence fees/rent)

* P|ease enclose the D.D./Bankers Cheque of 25o/o of Bid amount as

earnest money in ^{favour of President of Zila Nyayik Karmachari Sangh.}

The earnest money shall ^{be immediately returned after opening of tenders}

to all applicants except ^{the Successful Bidder.}

Demand DrafUBankers ^{Cheque No. and date -}

All the cotumns of Application ^{form shall be duly and neatly filled in by the}

applicant failing which ^{Application will be rejected. The applicant shall}

enclose the self attested ^{copy of valid ldentity proof and also the earnest}

money by way of Demand ^{DrafUBankers Cheque as mentioned above at}

serial no. O and 7, failing ^{which the Application will be rejected.}

Declaration

I ..................

Son/DaughterAtVife of

hereby

undertake all information ^{submitted above by me is true, and I shall abide by all}

conditions mentioned in ^{Rules pertaining to giving Canteen, Photocopying, and}

Cycle Stand in District ^{Courts 2017, and at any point of time if it is observed that}

I have submitted any ^{false information, or I violate any clause of the above Rules}

or omitted to_ act as ^{required, my contract will be cancelled without any prior}

notice.

District CourUCourt Premises

2.

3.

4.

6.

7.

Note-

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