mihan india limited - maharashtra airport … of interest for setting up grocery shop in airport...

MIHAN India Limited(A Govt. of Maharashtra Undertaking)

Dr. Babasaheb Ambedkar International Airport, Nagpur

Regd. Office: 1st Floor, Old Terminal Building, Dr. Babasaheb Ambedkar International Airport, Nagpur - 440 005. Tel:

+91–712–6650100 Fax: +91–712-6650101 Email: [email protected] CIN: U749 90MH 2009 PLC1 93150

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Expression of Interest for setting up Grocery Shop in Airport Colony, Nagpur.

No. MIL/COMML/2015-16/11

****

MIHAN India Limited (MIL) which is operating the Dr. Babasaheb Ambedkar

International Airport, Nagpur is pleased to inform that it intends to allot space of approx.

29.25 Sq.m. for setting – up Grocery Shop in Airport colony on the following terms &

conditions:

1. License will be awarded for operating Kirana Shop in Airport colony. Successful bidder

will be allowed to sell daily need items through such Shop.

2. The contract period will be for a period of 3 years which can be further extended two

times, each for a period of one (1) year. This extension shall be purely based on the

performance of the services being rendered at the allocated space and at the discretion of

MIL who will be sole judge for granting the extension.

3. Selected agency has to maintain the Shop at its own cost. MIL will have the liberty to

allot similar license in future to other agencies.

4. Minimum Reserve License Fee (MRLF) is Rs. 9761/- per month, excluding taxes. Any

proposal with less than the above mentioned MRLF will be out rightly rejected.

Successful agency will need to submit security deposit equivalent to 6 months license

fee. License fee will be subject to 10 % compound escalation per annum.

5. In addition to this fees, charges towards electricity, water, property tax etc. will be

payable. Electricity will be charged @ 11.31/- per unit which will be subject to service

charge @ 40.94% + taxes. All charges mentioned above are subject to periodic revision.

6. Premises of approx. 29.25 sq.m. will be allotted on “As is where is basis”. Gestation

period will be 30 days from the date of award of license. License fee will be applicable

after gestation period / start of operations, whichever is earlier.

7. Draft of agreement intended to be signed with the successful agency is available

onwww.madc.maharashtra.gov.in, same shall be referred before submitting the offer.

Minimum list of documents to be submitted for qualification:

a. Registration Certificate / Bombay Shop & Establishment License.

b. Experience in similar / same type of business for atleast last 2 years.

c. Copy of this EoI and minutes of meeting, if any.

d. Earnest Money Deposit of Rs. 12,000/- in the form of D.D. in favour of MIHAN

India Ltd., payable at Nagpur. EMD will be forfeited if the bidder withdraws /






modifies his offer after submission due date or the successful bidder fails to accept

the work / execute agreement by submitting the performance security deposit

NB:

MILESTONE DATE and TIME1.Issue of EoI to Bidders 08/07/15 to 28/07/152.Pre Bid Meeting 15/07/15 at 1230hrs

(tentative) at MIL OfficeNagpur

3.Last Date for Submission of Techno-CommercialProposals.(Proposal Due Date)

29/07/15 upto 1200 hrs atMILOffice Nagpur

4.Opening of bids and Envelope A 29/07/15 at 1200 hrs.(tentative)

5.Date of Opening of Envelope B – (FinancialOffer)

To be intimated

General Guidelines& Information:

a) Bidder shall submit the bid in two parts:

i. Covering letter on letter head along with the supporting documents & EMD

shall be submitted in Envelope marked ad “Technical Bid-A”.

ii. Price bid on letter head shall be submitted in separate Envelope marked as

“Financial Bid-B”.

iii. Envelope A & B shall be sealed and submitted in an outer envelope.

iv. List of documents enclosed along with the proposal shall be clearly

enumerated on the covering letter. All the submittals shall be self attested with

company seal.

v. Financial bid will be opened only of those bidders who qualify in the technical

bid. Date and time regarding the same will be intimated to qualified bidders.

Such Bidders may choose to be present during the opening process.

b) Name of the bidder firm along with email address and other contact details shall

be mentioned on each envelope. “Offer for Grocery Shop” shall be clearly written

on the outer envelope which shall be properly sealed.

c) MIL reserves the right to reject any or all offers without assigning any reasons

thereof.






d) MIL will hold a Pre-Bid meeting on 15/07/15 at 1230 hrs at MIL’s Nagpur Office,

in order to clarify and discuss any provision or requirements with respect to

technical/commercial parameters of the Project, EOI or any other related issues.

Bidders should send their queries in writing at least two (2) days prior to the date

of Pre-Bid Meeting. Minutes of Meeting / corrigendum /addendum, if any, will

be uploaded on madc.maharashtra.gov.in.

e) Attendance of the Bidder at the Pre-Bid meeting is not mandatory. However,

subsequent to the date of the Pre-Bid meeting, MIL may not respond to questions

or inquiries from any bidder.

Sealed offers should reach this office on or before 29/07/15 by 1200 hrs. Any offer

received after the said date and time will not be entertained and will not be accepted by

MIL. If all the above terms and conditions and contents mentioned in this letter are

acceptable, then it is requested to kindly give your best offer on or before the date and

time mentioned above.

Thanking you,

(Abid Ruhi)Sr. Airport Director

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LICENSE AGREEMENT

This License Agreement (“Agreement”) is made on this _____ day of

______________Two Thousand and Fifteen.

Between

MIHAN India Ltd. (MIL), a company incorporated under the

Companies Act, 1956 and having its registered office at Dr. Babasaheb

Ambedkar International Airport, Nagpur (hereinafter called ‘MIL’ or

‘Licensor’ which term shall unless excluded by or is repugnant to the

context, be deemed to include successors and assigns) of the One Part;

And

_______________________________, having its office at


_______________________________________________________________,

represented by___________________ (hereinafter called the ‘Licensee’

which term shall unless excluded by or is repugnant to the context, be

deemed to include its representative, successors and assigns) of the

Other Part,

WHEREAS:

A. Airports Authority of India (AAI) has handed over the Dr.

Babasaheb Ambedkar International Airport, Nagpur to MIL, which

is a joint venture company of Maharashtra Airport Development

Company Ltd. (MADC) & Airports Authority of India for operation

and management and this includes terminal building along with

other facilities.

B. The Licensor is having spaces in the Airport premises for use by

different parties,

C. The Licensee has expressed interest to the Licensor to use and

occupy area in the said Airport premises as annexed at ‘A’ under

“Schedule of Premises” and the Licensor has consented to such

proposals on the terms and conditions communicated between

them and contained herein;

D. The Licensee has undertaken to abide duly by all the terms and

conditions, directions, situation as contained in this agreement.

NOW, THEREFORE, this indenture witnessed:

1. In consideration of the Licensee having agreed to pay to the

Licensor the License Fee and to deposit security deposits with the

Licensor to secure the due and faithful performance of the

Agreement as specified hereafter, the Licensor doth hereby permit

the Licensee to use and occupy the said space as annexed at ‘A’,

recited herein before and hereinafter referred to as “the Licensed

Premises” for its permitted user


2. LICENSE PERIOD: - The License hereby granted shall subsist for

the period of (3) Two years i.e. from _________to _________, unless

it is revoked by the Licensor sooner as provided hereinafter. The

Licence period may be further extended by (2) year subject to

satisfactory performance of the licensee for which MIL will be the

sole judge. Incase of transfer of airport by MIL to any other party,

such allotment shall be honoured by the new airport operator on the

terms and condition as specified herewith atleast till the completion

of initial period of 3 years.

3. USE: - The Licensee shall use the demised premises exclusively for

the purpose of Setting- up Grocery Shop.

4. TERMINATION OF LICENCE:-The Licence can be terminated by

either side by giving ninety (90) days notice in writing. However in

case of unsatisfactory performance, by the Licensee, MIL may

terminate the licence by giving a short notice of thirty (30) days.

5. LICENSE FEE: - The Licensee shall pay the licence fee per month

excluding Service Tax, as mentioned in the Schedule annexed at ‘A’,

in advance by 10th day of each month. The Licence fee shall be

subject to Tax Deduction at Source as per the provision of Income

Tax Act, 1961 and issue of TDS Certificate. The Licence fee is subject

to periodic revision on annual basis.

6. SECURITY DEPOSITS:-

6.1 The Licensee has deposited with MIL a sum of Rs. XXXXX/- (in

words) equivalent to six (6) months license fee as security deposit

for premises and Rs. 5,000/- (Rupees Five Thousand Only) as

security deposit for electricity. These security deposits shall be

non interest bearing and refundable unless until appropriated by

MIL on account of other dues or damage. This amount shall be

deposited in MIL account irrespective of any previous Security


Deposit given to AAI for the said premises. The Licensee may

reclaim any such previous deposits from AAI if deposited with

AAI.

6.2 Upon occurrence of the Licensee’s default, MIL shall, without

prejudice to its other rights and remedies hereunder or in law, be

entitled to appropriate the relevant amount from the Performance

Security as damages for Lessee’s Default. Upon such

appropriation from the Performance Security, the Licensee shall,

within fifteen (15) days thereof, replenish, in case of partial

appropriation, the Performance Security to its original level, and

in case of appropriation of the entire Performance Security,

provide a fresh Performance Security, as the case may be, and the

licensee shall, within the time so granted, replenish or furnish

fresh Performance Security as aforesaid failing which MIL shall

be entitled to terminate this agreement in accordance with

provision of this agreement.

6.3 The security deposit, if not forfeited, shall be refunded to the

Licensee by the MIL at the expiry of the license period or early

termination of this Agreement after deducting any unpaid

charges, dues etc. from this deposit and after getting possession

of leased premises in good repair condition.

7. FEES AND CHARGES: - Throughout the said term hereby created,

the Licensee has to pay to the Licensor, in respect of the said

premises, such recurring maintenance fees or service charges or

other charges from time to time prescribed by the Licensor and all

other authority or authorities under any applicable Law/s and the

Rules framed there under for actual costs incurred by the Licensor

or such authority or authorities in providing services.


8. TAXES, RATES & SIMILAR IMPOSITIONS:- That the Licensee

shall pay all rates, assessments, cess, dues, duties, impositions,

penalties, outgoing and other taxes whatsoever in respect of the said

premises on due date, to the concerned authority. If the Licensee

commits any breach of the terms and conditions of this agreement

or fails to pay license fee and or other charges on due date, MIL may

serve the notice to the Licensee to rectify the breaches within thirty

(30) days.

In the event of failure of the Licensee to rectify such breach, the

agreement shall stand terminated and MIL may without any prior

notice resume possession of licensed premises unilaterally and

deduct the dues from the licensee’s security deposit.

9. DELAYED PAYMENTS: - That in the event of failure to pay the

Licence fee and other charges, payable under this contract by due

dates, the Licensee shall pay interest at the rate of 18% per annum

on the defaulted amount for the period from the due date of

payment till the date, payment is actually received, without

prejudice to other rights and remedies available to MIL under this

contract and at Law.

10. That the Licensee shall pay the charges for the consumption of the

electricity, water and other service consumed in the said premises

and/or for the purpose of use of the said premises as become due

and payable and in accordance with the directions of MIL and at the

rates fixed by MIL from time to time.

11. The Licensee shall maintain at his own cost all the electric, plumbing

and other fittings and installations and such other electric and other

equipment including Fire Alarm System in the said premises. The

Licensee shall not use a naked light or cause or permit any such

light to be used in the licensed premises.


12. INSPECTION OF PREMISES:- The Licensee shall not use the

premises for any purposes other than that for which the licence has

been granted. The licensee shall not cause any nuisance and shall

refrain from doing any act, which might be objectionable to MIL or

the neighbouring occupiers or any authority and for this purpose,

MIL shall have right to enter and inspect the said premises with

twenty four (24) hours notice. However in case of emergencies,

requirement of notice shall be deemed to be waived. The

instructions/suggestions given by MIL during such inspection shall

be strictly complied by the Licensee.

13. ALIENATION:- The Licensee shall not be entitled to transfer, assign

the contract or assign or transfer in any way the right granted under

the contract to any person or persons or firm or agency or company

nor shall he create any interest of any third person/party in the said

contract without prior consent of licensor.

14. It is hereby agreed and declared by and between the parties hereto

that notwithstanding anything contained in this agreement, the

licensor shall be always in legal possession of the licensed premises

and licensee shall have merely the permission to use and occupy

thereof.

15. SIGNAGE:-The Licensee shall not erect, display or use any high

powered electric light or any electric sky signs or other electric lights

or installations for purpose of advertisement or any other type of

advertisement or signboards upon the said premises except a Board

of its name, the size of which shall be approved from MIL.

16. SAFETY & SECURITY:- The Licensee shall provide at its own cost

such person or persons for watch and ward duty in the premises as

deemed necessary and or as directed by MIL for the security and

safety of the premises. Prior clearance from security agencies for


watch and ward staff to be deployed shall be obtained by Licensee.

17. FIRE SAFETY:- The Licensee shall also provide fire fighting

equipment and appliances as per the prevailing rules and

regulations and maintain the same continuously in a fit and proper

condition. MIL is entitled to direct and specify the number, quality

and specifications of the said fire fighting equipment and

appliances.

18. INSURANCE:- All the times during the tenure of this license

Agreement, it shall be the responsibility of the Licensee to obtain

proper fire insurance coverage at his own cost including theft and

burglary in respect of all the movable and immovable assets stored

or used in the licensed premises and MIL shall not be responsible

for any loss or damage caused to the Licensee on any account

whatsoever.

19. The premises are and shall be deemed to be public premises as

defined in the Public Premises (Eviction of Unauthorized

Occupants) Act which is in force and the said Act or any other Act,

applicable to the subject that may hereafter come into force and the

rules framed there under.

20. The Licensee shall not make any structural changes to the said

premises or any part thereof. The Licensee is permitted to put

partitions, cabins, fittings, fixture, furniture, furnishing item,

interiors, light, fans, electrical appliances, other

accessories/equipments etc. specific to the Licensee’s business, at its

cost after getting the prior written approval from MIL. The work

shall be done in a careful manner and following the best industrial

practices without doing any structural change or causing damage to

the property of MIL or any other licensee whatsoever in nature.


Damage, if any caused shall be made good by the Licensee at its cost

to the entire satisfaction of MIL.

21. COMPLIANCE WITH LAWS AND REGULATIONS:- The

Licensee shall obtain all necessary licenses/permits/

permissions/approvals of the local authority or any other

Competent Authority required for running their business. The

Licensee shall observe and comply with and cause to be observed

and complied with all the applicable Laws, rules, regulations and

byelaws including that of Local authority concerned or any other

statutory body applicable to the said premises. The licenses/

permissions/ approvals shall be kept valid during the period of this

Agreement.

22. MIL reserves the right to change the location of the allocated

premises by giving 15 days advance notice and may at its discretion

give him alternate premises for the purpose of this license. In such

case the licensee will be bound to vacate the premises within such

15 days and may accept the said alternate premises. The entire

expenditure for such relocation has to be borne by the licensee.

23. The Schedule of Premises annexed at ‘A’, General terms and

conditions annexed at ‘B’, Site Handing over/Taking over Note, and

the Allotment/Award Letter shall be deemed to be part and parcel

of this Agreement.

24. SET OFF: Any sum of money due and payable to the Licensee

including any sum returnable to the Licensee under this contract

may be appropriated by the Licensor and set off against any claim of

the Licensor for the payment of any sum of money arising out of or

under any other tender/contract made by the Licensee with the

Licensor.

25. Nothing herein contained shall be construed as demise in law or as


creating any right, interest, easement or transfer of any interest in

the demised premises or any part thereof in favour of the Licensee

other than the license hereby granted under and in accordance with

the terms contained herein.

26. REGISTRATION AND STAMP DUTY:-All cost, charges and

expenses of and incidental to drawing, engrossing and completing

the Agreement in duplicate including stamp duty and registration

charges shall be borne and paid by the Licensee.


IN WITNESS WHEREOF the Licensor caused Shri.

___________________________ to set his hand and affix his official seal

hereto for and on its behalf and the Licensee has caused Shri.

______________________________ to set his hand and affix the official

seal hereto for and on its behalf on the day and year first herein above

written.

SIGNED SEALED AND DELIVERED

By Shri. _______________________________

for and on behalf of MIHAN India Ltd. the Licensor

In the presence of

1. _______________________________

2. _______________________________

SIGNED SEALED AND DELIVERED

By Shri. _____________________________

for and on behalf of ______________________, the LicenseeIn the presence of

1. _______________________________

2. _______________________________


Annexure ‘A’

SCHEDULE OF THE PREMISES

Sr. no Purpose of

allotment

Area(sq.m)

License feeper month

(Rs.)

Remarks

1 2 3 5

1 Space for shop 29.25 sq.m. AirportColony

TOTAL

*Rates mentioned above are subject to minimum 10% annual escalation

from 01/04/15.

Rounded off to nearest Rupee

Excluding Taxes, as applicable from time to time

Location: Airport Colony , Nagpur,

Security Deposit:

a. Premises :Rs._______/-(Equivalent to 6 months

License fee )

b. Electricity :Rs. 5,000/-

Total : Rs. _______/-


Annexure ‘B’

GENERAL TERMS AND CONDITIONS

MIL hereby covenants with the Licensee as follows: -

1. The Licensee, its servants and agents shall be entitled to use all

ways, paths and passages as may, from time to time, be maintained

on the said airport ground, subject to such rules and regulations as

may be imposed by the lawful authorities of the airport ground.

2. The Licensee paying the licence fee and performing the covenants

herein contained and, on his part to be performed, shall and may

peacefully possess and enjoy the premises with use of the ways,

paths and passages, as aforesaid, during the said term without any

lawful interruption from or by MIL or any person claiming under

MIL.

3. Any notice required to be served on the Licensee under this

Agreement shall be deemed to have been served if delivered at or

sent by registered post to its last known address or to its authorized

representative or agent. Similarly, any notice to be given to MIL

under this Agreement shall be deemed to have been served, if

delivered at or sent by registered post to MIL. The period of notice

given under this Agreement will count from the date of delivery

(receipt) of notice by either side.

4. Subject as herein before otherwise provided all notices to be given

on behalf of MIL and all other actions to be taken on behalf of MIL,

may be given or taken on behalf of MIL by any officer authorized by

MIL.

5. (i) The Licensee shall not, unless with the written consent of MIL,

create a sub-contract of any description with regard to this

licence or any part thereof, nor shall he without such written

consent as aforesaid, assign or transfer its licence or any part


thereof.

(ii) The Licensee shall use the premises, only for the purposes

indicated in this Agreement and for no other purpose

whatsoever.

(iii) The licensee is not permitted to mortgage, sub-lease the

allocated premises to any agency/party/organization.

6. The Licensee, its agents and servants shall observe, perform and

comply with all rules and regulations of the Shop and Establishment

Act, Factories Act, Industrial Disputes Act, Minimum Wages Act

and the provisions of any statutory law applicable to the Licensee,

including any rules and regulations made by MIL, Civil Aviation

Department or any other Department of Government and/or local

body or administration in force, from time to time and to the

business, which the Licensee is allowed to carry on, under this

Agreement and to the area in which the said premises are located.

7. INDEMNIFICATION BY THE LICENSEE

i) The Licensee shall indemnify and keep indemnified and hold

MIL harmless from and against all such actions, suits, claims,

demands, proceedings and against all such liabilities, cost,

charges, expenses, penalties, losses and damages which may be

incurred or suffered by MIL directly or indirectly by reason of:-

any breach, default, contravention, non observance or non

performance by the Licensee of any terms, conditions,

covenants contained in this agreement and on part of the

Licensee to be complied with or performed;

any loss or damage to the person or property of the Licensor

and/or any third party on or about the said licensed

premises howsoever caused or suffered save and except the

breach hereof by the Licensor;


any failure of the Licensee to make any payment which may

become payable to or be demanded by any local or

competent authority in respect of the said licensed premises

for any works on or about the said licensed premises

including alteration, modification, operation and

maintenance of the said premises;

ii) MIL shall not be responsible in any way for loss or damage by

any means, caused to the Licensee's stock or property.

8. MAINTENANCE OF PREMISE:-The Licensee shall at its own cost

maintain the premises in a proper state of cleanliness and abide by

such directions as may be given by MIL and such other departments

as may be entrusted by the rules and the regulations with the works

of inspection and enforcement about the conditions of sanitation,

cleanliness and hygiene. If the premises is not maintained in

reasonably clean condition by the Licensee, MIL shall have powers

to get the premises cleaned at the risk and cost of the Licensee and

recover damages at the rate of Rs. 2,500/- per day for each default

up to 7 days and thereafter Rs. 5,000/-per day and can take other

actions including the termination of the license and/or forfeiture of

Performance Security Deposit with MIL.

9. COMPLIANCE OF STANDARD HEALTH PROVISION:- The

Licensee shall comply with the requirements of all standard health

provisions and related clauses including those given below :-

(i) The Airport Health Officer/Medical Officer of MIL or persons

authorised by them may without notice, enter the premises any

time and inspect the premises, materials, instruments, and

equipments etc. used by the Licensee.

(ii) All instructions given by the Airport Health Officer/Medical

Officer of MIL or any persons authorized by them, in the


maintenance of public health of the Airport, including

sanitation, control and prevention of infectious diseases, control

and prevention of nuisance from insects, rodents or any other

sources, shall be carried out by the Licensee and its agents and

servants.

(iii) The Licensee shall notify to the Airport Health Officer

whenever any person working under him is suffering or

suspected to be suffering or convalescing from any infectious

disease. The Airport Health Officer may medically inspect the

said person or any person who is suspected to have been in

contact with the persons and take any precautionary and

preventive measures considered necessary.

(iv) The Licensee, its agents and servants shall not, without the

consent of the Airport Health Officer, interfere with, injure,

destroy or render useless, any work executed or any materials

or things placed in, under or upon any land or building by or

under the orders of Airport Health Officer with the object of

preventing the breeding and/or entry of mosquitoes and/or

maintenance of sanitation.

(v) The Licensee, its agents and servants shall not abuse the water

sources and drainage facilities in the airport area, so as to create

a nuisance or insanitary situation, prejudicial to public health.

(vi) In the event of any default, failure, negligence or breach in the

opinion of MIL, on the part of the Licensee, in complying with

any of these conditions specified in the foregoing sub-clauses (i)

to (v), MIL will be entitled and at liberty to determine the

license forthwith and resume possession of the premises,

without payment of any compensation or damages. Loss and

damage to MIL’s or any third party will be deducted from the


security deposit of the Licensee.

10. The Licensee shall employ only such servants as shall have good

character and are well-behaved and skilful in their work. The

Licensee shall furnish MIL in writing with the names, parentage,

age, residence and specimen signature or thumb impression of all

servants whom he proposes to employ for the purpose of this

Agreement before they are so employed and MIL shall be at liberty

to forbid the employment of any person whom it may consider

undesirable. The servants employed by the Licensee shall be under

the general discipline of MIL and shall conform to such directions as

may be issued by MIL, in respect of points or routes of entry to and

exit from the premises and in respect of the use of the toilet, wash

rooms and other services. The character of all persons employed by

the Licensee may be duly verified by the police to the satisfaction of

MIL, before the employment. It will be the responsibility of

Licensee to obtain security clearance in respect of staff to be engaged

in development and operation of facilities in the said area prior to

commencement of work by such staff.

11. FIRE SAFETY:-

(i) The Licensee would be required to install adequate number

(as may be determined by Fire Officer/any authorized officer

of MIL depending upon the area of the premises) of 2.5 kg.

CO2 fire extinguisher/any other fire fighting device in the

licensed premises at its cost before commencement of

business.

(ii) The Licensee hereby agrees to provide necessary training to

the employees posted in the licensed premises for handling

fire extinguisher as provided in the terminal/licensed

premises.


(iii) No inflammable material shall be permitted in the licensed

premises. The specification of material to be used for

partition/fabrication of the shop/office premises shall be as

per the specification approved by MIL.

12. The Licensee shall protect properly the property of MIL such as

fitting, fixture, furniture, electrical fittings, plumbing, interiors,

parking space, landscape, approach roads etc. and shall not cause

any damage to the same during the course of this license. Damage if

any caused to MIL’s property shall be recovered from the Licensee

which shall be equal to the replacement value, as assessed by MIL.

13. The Licensee shall not store or bring or keep in the premises heavy

articles so as to injure or damage the premises or keep illegal/

contraband goods of combustible or inflammable nature.

14. (i) The Licensee shall not use electrical heater, toaster and other

allied appliances in the premises for preparation of tea, coffee and

for heating of food etc. unless specifically permitted.

(ii) The Licensee hereby agrees to provide necessary training to the

employees posted in the licensed premises for handling fire

extinguisher as provided in the terminal/licensed premises.

15. INSURANCE: - The Licensee will, during the continuance of this

license, insure against any claims for workmen's compensation or

otherwise of all persons employed by him, in connection with its

business to be carried on as aforesaid, with such Insurance

Company, as MIL shall approve of and shall produce for

inspection, on demand by MIL, all policies in respect thereof and

the receipts from time to time for current premium.

16. In the case of such breach of the terms of this licence as minor

offences and complaints, coming to its notice, for which, in the

opinion of MIL, this agreement need not be terminated, MIL may at


its discretion recover compensation from the Licensee upto the limit

of the security deposit of the Licensee after giving three (3) days

notice to the Licensee to cure the breach and the Licensee having

failed to do so within stipulated time. The decision of MIL in this

respect will be final and binding on the Licensee.

17. The Licensee shall not hold or permit to be held any public or

private auction in the licensed premises.

18. The Licensee shall sell articles in the premises at prices which shall

be marked on the articles or on tags attached thereto and it shall not

be in excess of the retail prices/fair prices fixed by the

manufacturers or Govt. or any other local authority, whichever is

lower or controlled price in case, such controlled price has been

fixed by any authority and in all other cases, not exceeding the

reasonable market rates for similar goods. MIL can, after giving

reasonable opportunity to the Licensee to show cause, itself fix the

price of any article(s), if in its opinion, the prices charged are

unreasonable or exorbitant and thereupon the Licensee shall sell

only at the price so fixed by MIL and he/she shall also be liable to

refund to any customer any amount in excess paid by such

customer for any articles in excess of the price so fixed.

19. It shall be obligatory for the Licensee to keep in stock and in case

they are intended for distribution, distribute the same and display,

literature, produced and released by the Publications Division of

Govt. Of India and/or Tourism Department of the Central Govt. or

of the State Govt. within whose jurisdiction the Airport is situated

on such terms and conditions as may be fixed by the said

Publications Division or said Tourism Department.

20. The Licensee shall not stock, sell, display, exhibit for sale any books,

magazines, newspapers or periodicals, statue, idols or other articles


which are repugnant to morals or indecent and immoral, improper

or otherwise objectionable in character; it is being expressly agreed

that the decision of MIL shall be conclusive in this behalf and

absolutely binding on the Licensee and shall not be subject to any

dispute or review. In case anything objectionable in the opinion of

MIL found in the said premises; the Licensee shall be asked to

remove the same immediately. Failing which, MIL can get the same

removed at the risk and cost of the Licensee; MIL may also take

disciplinary and legal against the licensee.

21. The Licensee shall maintain a complaint/suggestion book in a

prominent place in the premises and in such a way that it is easily

accessible to any authorised person who wishes to record any

complaint/suggestion and the said book shall be open for

inspection by the authorized representative of MIL.

22. If because of any strike or lock-out in the Airport the Licensee is

unable to function or its business is affected, MIL shall not be liable

for any loss or damage suffered by the Licensee. In such an event

the Licensee shall not be entitled to any reduction in the fees

payable to MIL adjustment in contract period.

23. In the event of the Licensee being prohibited from selling one or

more articles in the premises because of Govt.

Laws/Rules/Regulations/ Orders, MIL 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 fees payable to MIL or permission

for sale of additional items or adjustment in contract period.

24. The Licensee shall deposit duplicate keys of the premises with MIL

whenever authorised officer of MIL and permit the said authorised

officer to make use of the keys during the emergency. The Licensee

shall not remove or replace the lock on the outer door or change the


locking device on the said outer door of the shop without written

approval of said authorised officer.

25. MIL do not recognize any Association of the Traders and in case any

negotiation/bargain is necessary with regard to the clarification of

the terms & conditions of the Licence or modification thereof, such

negotiations should be sought by the Licensee alone and no

collective representation/bargaining will be entertained.

26. On the expiry of the licence period or on termination of the license

by MIL on account of any material breach on the part of the

Licensee, the Licensee shall deliver the possession of the premises in

good repair condition and in peaceful manner along with furniture,

fittings, equipment and installations, if any, provided by MIL.

Further, Licensee shall remove their goods and other materials from

the premises immediately, failing which MIL reserve the right to

remove such goods/materials at the risk and cost of the Licensee

and demand payment for such removal. If such payment is not

made within ten (10) days, MIL shall be at liberty to dispose of the

goods/materials of the Licensee by public auction or any other

appropriate manner to recover the cost. Licensee will be allowed to

take out its goods out of the airport upon clearing of all the dues, if

licensee fails to clear the dues within 15 days of termination, then

MIL will be at liberty to auction / sell its goods to recover the dues.

The Licensee shall not be entitled to raise any objection in such an

eventuality.

27. Upon the full and satisfactory compliance by the Licensee with all

obligation, and requirements under this Agreement, the security

deposit or such part thereof as shall not be liable to be forfeited or

appropriated shall be refunded to the Licensee within two (2)

months after expiry of this Agreement.


28. The provisions of the 'Public Premises (Eviction of Unauthorized

Occupants) Act’, 1971, and the rules framed thereunder, which are

now in force or, which may hereafter come into force or other rules

in this regard, shall be applicable for all matters.

29. FORCE MAJEURE:- If at any time during the continuance of this

contract, it shall become impossible by reason of strike, lockout,

shortage of materials, war, fire, flood, earthquake or any

Government enactment or regulation or such other cause/causes

beyond the control of the Licensor to fulfil the contract in

accordance with the terms thereof, the Licensor shall be at liberty to

terminate contract even before the expiry of the contract period by

giving one (1) month notice. In such event the Licensee shall have

no claim whatsoever against the Licensor in respect of any inability

or incapacity the Licensor to fulfil the contract and shall not be

entitled to any rebate.

30. DISPUTE RESOLUTION:- Any and all disputes or differences

between the Licensor and the Licensee arising out of or in

connection with this agreement or its performance shall, in so far as

possible, be resolved amicably through mutual discussion between

senior representatives of the Licensor and the Licensee. If after

fifteen (15) days of conciliation the parties have failed to reach an

amicable settlement, the dispute or difference shall be finally

resolved through arbitration conducted in accordance with the

provisions of the Arbitration and Conciliation Act, 1996 (and/or any

amendments thereof) by a sole, arbitrator to be appointed by the

MIL and the Licensee. The venue of the arbitration shall be at

Nagpur. The cost of arbitration shall be borne equally by both the

parties.

31. This Agreement shall be governed and constructed in accordance

with Laws of India. No suit or other proceeding relating to


performance or breach of this Agreement shall be filed or taken in

any Court of Law except Civil Court having jurisdiction of Nagpur

which shall have exclusive jurisdiction to the exclusion of any

outside Court.

32. In the event of unauthorized usage of any other area, the Licensee

will be liable to pay fine of Rs. 500/- per sq. m. per day and any

additional amount as claimed by MIL due to loss to MIL and/or

other users. The Licensee should also vacate such area within 24

hours upon receipt of notice from MIL.

(Signature with seal of Licensee)

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mihan india limited - maharashtra airport … of interest for setting up grocery shop in airport...

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