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Public participation in maintenance of Municipal Parks Developed by Municipal Corporation, Gurgaon

  Public participation in maintenance of Municipal Parks Developed by Municipal Corporation, Gurgaon

1. Registered Sector/Colony Welfare Associate/Registered Body of that sector/colony shall only be allowed to take the maintenance work.
2. The Commissioner Municipal Corporation, Gurgaon will be the Nodal Agency for all purposes.
3. For Maintenance purpose Rs. 1/- per Sqm. Per Month which includes labour component and cost of Farm Yard manure, Pesticides/Insecticides and other T&P Articles etc. will be paid to Maintaining Agency.
4. Payment to the maintaining agency will be released by 7th of every succeeding month of certification by the concerned JE/AE/EE or any other officer empowered by the Commissioner, Municipal Corporation, Gurgaon on his behalf.
5. That the Registered Body/Welfare Association shall maintain the said parks to the satisfaction of concerned EE or any other officer empowered by the Commissioner, Municipal Corporation, Gurgaon on his behalf as per the Terms & Conditions laid herein under:-

i. The registered Body/Welfare Association shall not utilize or permit to utilize the said parks belonging to Municipal Corporation, Gurgaon for any other purpose whatsoever except to maintain it as a green. The registered body shall ensure that no encroachment is made in the park.
ii. That the ownership control, possession and supervision of said parks shall remain with Municipal Corporation, Gurgaon and the registered body will only have the right to display its name on a small board of the size not more than 4` x 2½ as approved by the commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf and the number of such boards shall not be more than four i.e., on each entry for the park the decision of the Commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf shall be final. The inscription on the board shall be approved by the commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf.
iii. The registered body/welfare association shall not have any right, title or interest in the greeneries of said Municipal Corporation, Gurgaon parks nor shall it be deemed to have possession or be considered as deemed conferred with any right, title or interest in respect of the said greeneries/parks except the permission to maintain the said park for a specified period.
iv. (That the registered body/welfare association shall prominently display that the said park is a Municipal Corporation, Gurgaon Park. The fact that the registered body/welfare association has only been permitted to maintain the park.
v. That the registered body/welfare association shall be paid at Rs. 1/- per sqm/month to cover the entire costs and expenses on the Maintenance of the said Municipal Corporation, Gurgaon park
vi. That the registered body/welfare association be solely responsible for keeping the said Municipal Corporation, Gurgaon park in neat and healthy condition to the satisfaction of commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf and association should not permit park for holding marriage and functions etc. for holding of marriage or other religious functions, approval of Municipal Corporation, Gurgaon will be obtained.
vii. That the said Municipal Corporation, Gurgaon Park shall be open to the general public without any restraint/entry fee or prohibition whatsoever. The registered body/welfare association shall not transfer the maintenance of park to any other person, society, company, department, organization etc. And the association shall not enter into sub agreement for maintenance etc with others
viii. That the registered body/welfare association shall enter into an agreement for maintenance of the said Municipal Corporation, Gurgaon Park with Municipal Corporation, Gurgaon.
ix. That in the event of termination of agreement prior to agreed period or on expiry of period of the agreement for maintenance to the said Municipal Corporation, Gurgaon park, All assets (Movable and Immovable), shall vest with Municipal Corporation, Gurgaon
x. That the registered body/welfare association shall not remove of cut any plant, tree etc. including any other item from the said mcg park
xi. That the registered body/welfare association shall not erect, construct or put any sort of structure, movable or immovable, temporary or permanent or semi-permanent without the written consent of Commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf for the purpose of maintenance of the said Municipal Corporation, Gurgaon Park.
xii. That in case the registered body or welfare association wants to install any pipeline, etc for maintenance purpose of parks/green space the registered body/welfare association shall not do so without the written permission of Commissioner Municipal Corporation, Gurgaon or any other officer empowered by him on his behalf and expenses thereof shall be borne by the registered body/welfare association itself and the registered body/welfare association shall not claim any money, compensation or loss for the same at the expiry the agreement as referred to in a para is here-in above and the same shall become the property of Municipal Corporation, Gurgaon
xiii. That in case of any breach or violation of any terms and conditions of this agreement for the maintenance of the said park the agreement shall stand terminated and the decision of the commissioner Municipal Corporation, Gurgaon or any other officer empowered by his on his behalf shall be final. However, before the intimation of termination proceeding the registered body/welfare association would be given a 15 days to show cause notice to explain the position.
xiv. That the registered Body/Welfare Association not be entitled to allow any other person to develop the park or any part thereof. Even in the event of winding up of the registered body/welfare association or registered body/welfare association insolvent or dissolved, the agreement of maintenance of park shall stand terminated automatically and transferees assignees etc. of the Registered Body/Welfare association shall not be entitled to continue with the maintenance of the said Municipal Corporation, Gurgaon park and shall not claim any right, title or interest in the said park.
xv. That the registered Body/Welfare Association shall be responsible for all damages or loss of property of the said Municipal Corporation, Gurgaon park due to threasures for which it or its servant are directly responsible and shall be liable to make good any loss or damages that may be sustained by Municipal Corporation, Gurgaon except those due to normal wear and tear or such as caused by storms, earthquakes or any other officer empowered by him on his behalf with regard to the extent and quantum of compensation to be paid to the Municipal Corporation, Gurgaon shall be final and binding upon the registered body/welfare association.
xvi. That all and difference arising out of or any way touching or concerning the agreement, regarding maintenance of Municipal Corporation, Gurgaon park otherwise herein before provided for shall be referred to sole arbitration to Commissioner Municipal Corporation, Gurgaon or his Nominee. There will be no Objection to any such appointment, that the arbitrators appointed is a government servant or that he had to deal with the matter of which this indenture refers and that during the course of his duties as such government servants has expressed views on all or any other matters in dispute of differences. The award of the arbitrator so appointed shall be final and binding upon the parties.
xvii. That the registered Body/Welfare Association shall also abide by all the instructions and order issued by Commissioner Municipal Corporation, Gurgaon or any other officer empowered by him to it from time to time.
xviii. That the registered Body/Welfare Association shall not use the flowers or any fruit, plants etc. for sale for any commercial use and responsibility of agency is to keep the park green and free from all encroachment/misuse etc.
xix. That the Municipal Corporation, Gurgaon will not be responsible or liable for paying any consideration or damages to the Registered Body/Welfare Association in case of any loss caused by theft, fire and natural calamities, riots or for any other reason whatsoever. The Municipal Corporation, Gurgaon shall be free to remove to clean the land from all the features created by the agency or termination of the agreement.
xx. That the Municipal Corporation, Gurgaon shall have no liability (Civil or Criminal) in respect of any third person against the registered body/ welfare association in connection with the maintenance of the saidMunicipal Corporation, Gurgaon park.
xxi. That the Municipal Corporation, Gurgaon shall have the right to post its supervisor in the said Municipal Corporation, Gurgaon park at their discretion and its officers of authorized representatives shall have the access to it at all hours to the said Municipal Corporation, Gurgaon parks or any other part thereof and the registered body/welfare association shall have no objection whatsoever for the same.
xxii. That the Municipal Corporation, Gurgaon shall be free to use to the said Municipal Corporation, Gurgaon park for any purpose whatsoever and the registered body/welfare association shall not raise any objection to it on any ground whatsoever.
xxiii. The Municipal Corporation, Gurgaon shall be competent to dispose of or sell the timber, trees and other forest, produce etc. of the said Municipal Corporation, Gurgaon park being the owner thereof.
xxiv. That the stamp duty payable for the execution of the agreement of maintenance of the said Municipal Corporation, Gurgaon park shall be borne by the Registered Body/Welfare Association.
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