3. Sh. Anil Gupta. 28. Sh. Rajesh Mehra. 5. Sh. Anshul Tayal. 30. Sh. Romesh Kumar. 32. Sh. Ramesh Kumar 8. Sh. K. Ayyappan. 7. Sh. B.

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1 Tel. No / Fax: MES BUILDERS ASSOCIATION OF INDIA (REGD) Sahyog 58, Nehru Place, New Delhi Circular No.13 Dated: All Members Minutes of Council Meeting held at J.K.Resorts Near Marble Market, Jammu on 24th October The following council members were present:- Council Members 1. Sh. Harish C. Bhatia 2. Sh. Satya Pal Mahana 3. Sh. Atul Arora 4. Sh. Azeezullakhan 5. Sh. K. Baluswamy 6. Sh. Lakhbir Singh 7. Sh. S. C. Bhatia 8. Sh. Ajay Goel 9. Sh. Prem Thilley Sunick 10. Sh. Vinod Behl 11. Sh. G. K. Gupta 12. Sh. V. R. Raju 13. Sh. Inderjit Mehta 14. Sh. Jawahar Goyal 15. Sh. Anil Raizada 16. Sh. Vinod Kumar Sharma 17. Sh. Varinder Kumar Garg 18. Sh. Arvind Gupta 19. Sh. Prashant Mazumdar 20. Sh. Inderjeet Singh 21. Sh. Karan Kapoor 22. Sh. Buta Singh 23. Sh. T. Venkata Charya 24. Sh. Sanjeev Kanwar 25. Sh. B. Manikya Rao 26. Sh. Harbhajan Singh 27. Sh. P. K. Gupta 28. Sh. Rajesh Jain 29. Sh. Pawan Aggarwal 30. Sh. Parvesh Kumar Gupta 31. Sh. Rakesh Garg 32. Sh. M. S. Kapoor 33. Sh. Dev Raj Saini 34. Sh. Gurjinder Singh 35. Sh. Satpal Singh Dutta 36. Sh. Nirmal Singh 37. Sh. Zachariah P. John 38. Sh. K. M. Christopher 39. Sh. Ad. Varghese John 40. Sh. M. C. Mathew 41. Sh. Joseph Mathew 42. Sh. V. C. Jolley 43. Sh. M. H. Sundershan 44. Sh. S. N. Narayana Swamy 2. The following other members were also present:- 1. Sh. Jitesh Bhambani 26. Sh. R. K. Malik 2. Sh. Avtar Singh Raju 27. Sh. R. S. Goel 3. Sh. Anil Gupta 28. Sh. Rajesh Mehra 4. Sh. Manoj Choudhary 29. Sh. Ravi Behl 5. Sh. Anshul Tayal 30. Sh. Romesh Kumar 6. M/s Veer Enterprises 31. Sh. S. L. Bhatia 7. Sh. B. Sree Ram 32. Sh. Ramesh Kumar 8. Sh. K. Ayyappan 33. Sh. Lekh Raj 9. Sh. P. S. Bali 34. Sh. Rajesh Soni 10. Sh. M. S. Bali 35. Sh. Sunil Kapoor 11. Sh. S. S. Bali 36. Sh. V. M. Goyal 12. Sh. Harjeet Singh 37. Sh. Ravinder Kapoor 13. Sh. Ab. Ahad 38. Sh. Sanjay Mahajan 14. Sh. S. L. Gupta 39. Sh. Amrit Singh 15. Sh. R. C. Sehgal 40. Sh. Pardeep Kohli 16. Sh. Kulbir Sigh Sandhu 41. Sh. Ricky Kashyap 17. Sh. Bashir Ahmad 42. Sh. N. K. Gupta 18. Sh. Ab. Qayoom Lone 43. Sh. O. P. Malik 19. Sh. G. M. Mir 44. Sh. Mohinder Singh 20. Sh. Khurshid Ah. Lone 45. Sh. Shesh Paul Gupta 21. Sh. Sonaullah Lone 46. S. Surat Singh 22. Sh. Ramesh 47. S. Paramjit Singh 23. M/s Malgotra Const. Co. 48. Sh. Satyam Bahl 24. Sh. Anil Tomar 49. M/s S. K. Electricals 25. Sh. Harminder Singh 50. Sh. Raman Sh. Surjit Singh 46. Sh. Anil Kumar Sahu 47. Sh. Vinod Kumar Korpal 48. Sh. Gurjeet Singh 49. Sh. Sandeep Yadav 50. Sh. T. R. Dhal 51. Sh. Ajay Jain 52. Sh. P. K. Sethumadhvan 53. Sh. M. Rajesh Kumar 54. Sh. C. N. Razdan 55. Sh. Mohd. Salim Thakur 56. Sh. Sheikh Fayaz Ahmad 57. Sh. Mohd. Ashraf Wani 58. Haji. Gh. Rasool Lone 59. Sh. M. A. Wani 60. Sh. Ghulam Nabi Khuroo 61. Sh. Naresh Dave 62. Sh. Atul Parashar 63. Sh. Anil Goel 64. Sh. Surinder Walia 65. Sh. Ajay Singh 66. Sh. Ashutosh Kumar Singh 51. Sh. Yogesh Kashyap 52. Sh. Girdhari Lal 53. Sh. Vijay Sharma 54. M/s Sunny Builder 55. Sh. Vishu Pal 56. Sh. Sunil Gupta 57. Sh. Kewal Mahajan 58. Sh. Kamal 59. Sh. J. C. Bhatia 60. M/s Sharma Enterprises 61. Sh. Inderjit Sharma 62. Sh. Harish Kumar 63. Sh. Inderpal Singh 64. M/s Shiva Engineering 65. Sh. S. L. Nagpal 66. Sh. V. K. Nagpal 67. Sh. Naresh Bakshi 68. Sh. Naveen Khatri 69. Sh. Sunil Behl 70. Sh. Ravi Nargotra 71. Sh. Yashvir Chopra 72. Sh. Sunil Kumar Suri 73. Sh. Anil Jain 74. Sh. B. Dubey 67. Sh. Rajnish Jain 68. Sh. Ramesh Gupta 69. Sh. Rajesh Sharma 70. Sh. Divya Prakash Mangla 71. Sh. Naveen Nayyar 72. Sh. Lalit Bhatia 73. Sh. Vivek Maria 74. Sh. Gurdial Singh 75. Sh. Vinod Sachdeva 76. Sh. K. C. Trivedi 77. Sh. Satish Ghai 78. Sh. Shaukat Ahmad Dar 79. Sh. Vijay Soni 80. Sh. Bharat Sharma 81. Sh. Anil Nargotra 82. Sh. A. S. Parihar 83. Sh. Vipan Sharma 84. Sh. K. K. Khattar 85. Sh. Rakesh Mahajan 86. Sh. Rajeev Puri 75. M/s Madhav Constn.Co. 76. Sh. Umesh Mahajan 77. M/s Tawi Constn. 78. Sh. M. R. Sharma 79. Sh. J. L. Malhotra 80. Sh. Vinay 81. Sh. Rakesh Goyal 82. Sh. Ashfaq Ahmed 83. Sh. Raju Khullar 84. Sh. Jagdish Raj Sharma 85. Sh. Jeevan Sharma 86. Sh. Ashok Gupta 87. Sh. K. L. Mullick 88. M/s Vee Ess Enterprises 89. Sh. Ashok Sharma 90. Sh. Anoop Bhan 91. Sh. Yashpal Singh 92. Sh. Mohan Lal Gupta 93. M/s S. S. Constructions 94. Sh. Jasmeet Electricals 95. Sh. Sameer Bhatia 96. Sh. Dev Raj Chalotra 97. Sh. Pardeep Jain 98. Sh. Prem Goyal 99. Sh. Ajay Gandotra

2 100. Sh. Vikas Gupta 101. M/s Pargal Builder 102. M/s Proach Associates 103. M/s Rajinder Builders 104. M/s Vijay Builders, Udhampur 105.M/s Rashid Construction 106. Sh. Abdul Rahman Najar 107. Sh. Gurcharan Singh 108. Sh. Ashwani Aggarwal 109. Sh. Rajender Sharma 110. Sh. M. P. Tyagi 111. Sh. Anand Bhardwaj 112. Sh. Santosh Kumar 113. Sh. Ashok Chowdhary 114. Sh. Somesh 115. Sh. Mahesh Dave 116. Sh. Praveen 117. Sh. Rana Swaran Singh 118. Sh. Devender Mahajan 119. Sh. Rakesh Atri Sh. Vijay Magotra 121. Sh. Ramesh Singla 122. Sh. Puneet Singh 123. Sh. Vinod 124. Sh. Shekhar Sharma 125. Sh. Balwinder Singh 126. Sh. V. K. Lakhani 127. Sh. Avinash 128. Sh. Taran Pal Singh 129. Sh. Ashok Kumar 130. M/s Walia Construction 3. Leave of absence was granted to the following:- 1. Shri Balbir Singh Vij, Nagpur 5.Shri Prasanta Mahanta, Guwahati 2. Sh.Atul Agarwal, Gwalior 6. Shri Gopal Kakwani, Guwahati 3. Shri Vishal Jain, Guwahati 7.Smt.Dhira Barthakuria, Guwahati 4. Shri Vinod Kumar, Guwahati 8. Sh.R.K. Jangid, Guwahati 4. Welcome by Jammu Branch 131. Sh. Raghbir Chand 132. M/s Surinder Singh & Bros M/s M. S. Associates 134. M/s Swastika Builders 135. Sh. Gopa Nair 136. M/s Rajinder Kumar 137. M/s Sachin & Sons 138. M/s Kameshwar Builder 9. Sh.Randeep Anand, Ranchi 10. Sh.V.P.Sanjiv, Ranchi 11. Sh.Ratan Pandey 12. Sh.Naresh Vij, Nagpur Before commencement of council meeting, all office bearers of Headquarters and Council / other members from outstations were accorded heartiest welcome by the office bearers and members of Jammu Branch. The office bearers of Headquarter were greeted by garland amongst thunderous applause from the House. Each delegate from outstation was presented a nice gift. National Anthem was then sung enthusiastically by all. Sh.Vipan Sharma Chairman, on behalf of all members of the Branch, and his own welcomed all to holy city of temples. He prayed to Mata Vaishno Devi for welfare of all and meaningful deliberations in the meeting. He stated that Jammu Branch has tried its best to provide all facilities to delegates during short period it had. He requested members to forgive if there was any shortcoming. He stated that it is matter of pleasure that first business council meeting of the year was being held at the holy city of Jammu. He requested all members to sort out their differences if any, and make the meeting fruitful with a view to get problems of Builders resolved. Sh.Sharma, at the end, once again welcomed delegates and wished them a comfortable stay at Jammu. After welcome ceremony as above, President Sh.Harish C.Bhatia accompanied by other office bearers of Headquarters and of the Branch, lighted the traditional lamp amongst resounding applause from the House. Council Meeting then commenced under the chairmanship of Sh.Harish C.Bhatia 5. Item 1 of Agenda Opening remarks by President. President Sh.Harish C.Bhatia welcomed all to council meeting. He expressed pleasure that a large number of council members / other members had graced the occasion. At the outset, he requested all to join him to pray to Almighty for showering his blessing on all. He further requested them to remember their parents also who have brought them in this world and have done everything to make their life full of joy and happiness. Before proceeding further, President requested Sh.Varinder Kumar Garg Immediate Past President to say a few words. 6. Speech of Sh.Varinder Kumar Garg Immediate Past President Sh.Varinder Kumar Garg thanked Sh.Bhatia for giving him an opportunity to address Builders at the forum. He stated that he was happy to meet all friends at the beautiful city of Jammu at the same venue where first business council meeting, of his tenure as President, had been held in July He stated that Shri Harish C. Bhatia was Sr. Vice President then. A landmark decision regarding setting up of MES Builders Association of India Service Trust had been taken, implementation of which started from that meeting. There was wonderful response and at one go, contributions for an amount of about Rs. 6 lakhs were received. The scheme was well taken by every one and with wholehearted support and co-operation of all, there is a sum of Rs.25 lakhs in the corpus of the Trust today. Rules of Trust have been framed and Board of Trustees set up. Approval of Income Tax Authorities for exemption under Section 80-G of the I.T. Act, which was initially given upto , has now been extended to Sh.Garg remarked that launching of the scheme was a matter of pride for all. He requested esteemed members to continue to make efforts to collect more funds so that the scheme serves the purpose for which it has been set up. Continuing his address Sh.Garg stated that after serving fraternity of Builders for two years i.e & , they handed over charge to the new team headed by Sh. Harish C. Bhatia, last month. He stated that whatever little the old team could do during their tenure was known to all. Some achievements were made. Setting up of Trust activating Website, registration of MES Builder with Registrar of Newspapers, which had resulted in reduction of expenditure on postage etc. were some significant things on the administrative side. Some headway had been made in resolving problems of Builders with the Department also. He added that it is a continuing process. Problems are there, hence, there is Association. One thing is, however, necessary that there should be unity amongst Builders and in this respect the previous team did succeed. There were maximum number of council meetings (covering all regions) with maximum participation of members during the two years. He expressed thanks to all Builders for the same. Sh.Garg stated that Sh.Harish C.Bhatia has now taken over charge of the coveted office. There could be no person more deserving than him. He has been Regional Chairman a number of times, has held coveted office of Sr.Vice President also for many terms and been council member for

3 decades. With a person of such experience at the helm of affairs, the future of the Association is very bright. Sh.Garg congratulated Sh. Bhatia and assured him of his full co-operation in whatever steps he would take for improving lot of Builders. Sh.Garg further stated that Sh. Lakhbir Singh a young and dynamic person has been entrusted responsibility of Hony. Gen. Secretary. He congratulated him also and wished him and all other office bearers a very fruitful tenure. Sh.Garg advised the new team to forget any differences that might have arisen during the course of election. He stated that there is need for all members including the office bearers of Headquarters to unite as the fraternity of Builders was facing many problems created by the Department. The Builders should collectively fight for the same. He once again congratulated the new team of office bearers and prayed to Mata Vaisno Devi for their tenure to be the best. 7. Resumed speech of President Sh.Harish C.Bhatia Resuming his address President Sh.Bhatia thanked Sh.Varinder Kumar Garg for his words of advice. He once again welcomed all to first business council meeting of the year taking place at Jammu, headquarters of his Branch. He expressed sincere thanks to all Builders for taking decision in the AGM held last month, to hold council meeting of this month at Jammu. It is a big honour to Jammu Branch for which all office bearers and members of the Branch express gratitude. Sh.Bhatia stated that the Builders had passed through difficult period recently. Some events, which had never taken place during 35 years long history of the Association had occurred, which obviously were cause of concern to all. By grace of God, things have come under control at Headquarter and normalcy has been restored. However, Delhi Branch was still experiencing gloomy period due to obstinate attitude of certain individuals. He hoped that wise counsel would prevail, reconciliation would be effected amongst members there also, and the Branch would start functioning properly once again. President stated that Agenda for council meeting has been circulated to all. There are many matters Technical and Administrative to be discussed. In Technical session the most important point is formation of Plan of Action for the year. Matters of priority have to be identified and taken up effectively with the Department. He had, during his brief address at AGM held on 14 th September pointed out certain important matters, action on some of which has already been taken. The Department has recently signed a MOU with SAIL. They are not allowing Builders to use steel from secondary producers. Likewise, earlier cement upto 1200 bags could be procured by a contractor at a time, now the limit has been reduced to 300 bags. The time of renewal of enlistment is coming near. The Department has put certain riders. When the scheme was initially introduced the Department had promised that nothing would be done which may create problems for Builders. But as per our past experience, hardship has been caused. Matter will have to be taken up again. Matter would be discussed further in detail and Plan of Action for the year would be finalised. Similarly, action on certain administrative matters, would also be considered and decided. President observed that 36 th Annual Day Function is to be held in March It is a prestigious function, which has been celebrated every year with great pomp and show. Preliminary discussion on that matter would be done in todays meeting and certain things decided. Finalization of programme of council meetings during the year is an item of agenda of the current meeting. Offers from some Branches have been received, which will be considered and decision taken. Referring to programme of the evening, Sh.Bhatia stated that a Technical Session under the chairmanship of the Chief Engineer Northern Command would be held. The same would be graced by two Zonal Chief Engineers and other senior officers of the Department. The Chief Engineer Western Command had also agreed to grace but due to another important engagement viz. Army Commanders conference at Delhi, he has not been able to make it. The Agenda containing matters of hardship faced by Builders of the two Commands has been prepared. The Builders can raise any other matter not included in the agenda, in the session. President stated that as a matter of policy matters of internal disputes in Branches would not normally be discussed in council meetings. The Regional Chairmen concerned and Grievance Committee would consider and sort out the same. At the final stage, the HQrs. may deal with those matters. With these opening remarks President requested Sh. Lakhbir Singh Hony. Gen. Secretary to proceed with remaining points of agenda. 8. The Hony.Gen.Secretary Sh.Lakhbir Singh thanked President. He also welcomed all to council meeting. He stated that former Presidents Sh.Anil Raizada, Sh.Vinod Kumar Sharma and Sh.Varinder Kumar Garg have graced meeting. Further Past office bearers of Headquarters and many senior members from all over the country are present. He expressed thanks to them all from core of his heart. Sh.Lakhbir Singh thanked Jammu Branch for hosting first business council meeting of the year. He highly appreciated efforts made by members of the Branch (he named certain members) in making excellent arrangements, receiving delegates at Air Port, / Railway Station and Bus Stand, making best arrangement for their stay at hotels and hosting dinner in their honour. The Hony.Gen.Secretary thanked Regional Chairman Northern Region Sh.Vinod Behl also for providing all assistance to Jammu Branch in organizing the function. The Hony.Gen.Secretary on behalf of all office bearers of Headquarters thanked esteemed members for reposing confidence in the team led by Sh.Harish C.Bhatia, a seasoned, senior most member of the Association, a stalwart. He assured that they will try their best to resolve various problems faced by Builders. He requested all esteemed members to extend their co-operation in this endeavour. He emphasized that the new team does not want in-fighting in Branches. Such matters would not be discussed in council meeting. Before taking up agenda, Sh.Lakhbir Singh informed with regret, about following sad happenings: i) Sad demise of Shri Tilak Raj Dang, respected father of Shri Sita Ram Dang of M/s Venus Engineers, an esteemed member of Jabalpur Branch. 3

4 ii) Sad demise of respected mother of Shri Ramveer Singh of M/s Rahul Construction Co., an esteemed member of Agra Branch. iii) Sad demise of dear wife of Shri Khemchand Goyal of M/s Jee Jee Builders, an esteemed member of Agra Branch. iv) Sad demise of Shri Abhijit Dey of M/s Delta Engineers & Co., an esteemed member of Binnaguri Branch, Hony. Jt. Secretary of the Branch. v) Sad demise of beloved wife of Shri D. K. Gupta of M/s Dwarika Das Agrawal, an esteemed member of Gwalior Branch. vi) Sad demise of respected grandmother of Shri Ravindra Kumar Bansal of M/s Kumar Sales Corporation an esteemed member of Gwalior Branch. vii) Sad untimely tragic demise of Shri R. Vinayagamurthy of M/s Subam Agency and Constructions, an esteemed member of Chennai Branch, Vice Chairman of Branch, by train accident at platform on viii) Sad demise of respected mother of Sh.Jagdish Sharma of M/s Jagdish Sons an esteemed member of Pathankot Branch. ix) Sad demise of Sh.Dev Raj Verma an esteemed member of Jammu Branch. He requested all to stand for a minute to pay respect to departed souls. The council then passed following resolutions:- Resolved that the council mourns with grief and distress the sad demise of Shri Tilak Raj Dang, respected father of Shri Sita Ram Dang of M/s Venus Engineers, an esteemed member of Jabalpur Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of respected mother of Shri Ramveer Singh of M/s Rahul Construction Co., an esteemed member of Agra Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad untimely demise of dear wife of Shri Khemchand Goyal of M/s Jee Jee Builders, an esteemed member of Agra Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of Shri Abhijit Dey of M/s Delta Engineers & Co., an esteemed member of Binnaguri Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of beloved wife of Shri D. K. Gupta of M/s Dwarika Das Agrawal, an esteemed member of Gwalior Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of respected grandmother of Shri Ravindra Kumar Bansal of M/s Kumar Sales Corporation, an esteemed member of Gwalior Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad untimely tragic demise of Shri R. Vinayagamurthy of M/s Subam Agency and Constructions, an esteemed member of Chennai Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of respected mother of Sh.Jagdish Sharma of M/s Jagdish Sons an esteemed member of Pathankot Branch and conveys its heartfelt condolence to the bereaved family. Resolved that the council mourns with grief and distress the sad demise of Sh.Dev Raj Verma an esteemed member of Jammu Branch and conveys its heartfelt condolence to the bereaved family. 9. Item 2 of Agenda Confirmation of minutes of the last council meeting. The Hony.Gen.Secretary stated that minutes of two council meetings, one held at Srinagar on 24th May 2009, and the other held at Delhi on 14th September 2009 are to be confirmed. He stated that minutes of these meetings have been circulated vide circular No.44 dated and circular No.7 dated respectively, which he hoped all would have received No objection has been received from any one. He stated that if council agrees, minutes of the meetings be treated as read and confirmed. There was no objection and hence minutes of the meetings held on & issued vide circular No.44 dated and No.7 dated were treated as read and confirmed. 10. Item 3(a) of Agenda Follow up action on various technical matters. The Hony.Gen.Secretary stated that members would have received the Council Meeting notice. With the able guidance of President Sh.Harish C.Bhatia and suggestions received from certain members, the agenda of the meeting has been divided in two parts, one relates to technical matters and the other to administrative matters. There was a strong feeling amongst certain members that they were not getting adequate time to discuss work problems faced by them. 4

5 Keeping in view the same, the council will henceforth consider technical points in first session. Esteemed members from far away places like Wellington, Bangalore, Tenga, Hyderabad and other places are here. They have spared their valuable time and money to get their problems in execution of works, discussed. The same would be done and only after that, the administrative matters would be taken up. 11. Item 3(b) of Agenda Discussion on policy letters received from the Engineer-in-Chief s Branch and other authorities. The Hony.Gen Secretary stated that recently a policy decision has been received from the E-in-C s Branch regarding signing by them a MOU with the Steel Authority of India (SAIL). The Association has not received a copy of MOU, the same has been called for. Only letter No.66546/P-9/128/E8 dated addressed to list A & B officers has been received in which instructions have been given. The Hony.Gen.Secretary read out policy letter and requested council to deliberate on matter. The matter was discussed. Sh.T.R.Dhal wanted to know whether MOU has been signed with only SAIL or other main producers also. The Hony.Gen.Secretary stated that the MOU has been signed only with SAIL. Sh.R.S.Goel stated that the Department by signing MOU with one producer only, is encouraging monopoly. Further the product of SAIL is not the best. They in fact get steel from other manufacturers and put their seal / stamp on the same. All supply made by them is not their product. An inquiry about a rail accident revealed that the entire rail was supplied by the SAIL. The Department cannot, therefore, guarantee that the quality of material supplied by SAIL is 100 per cent perfect. Sh.T.R.Dhal stated that our effort should be to get MOU of the Department with the SAIL cancelled. Firstly we should prove that SAIL are not manufacturing all products themselves. They are procuring major part from conversion agents and supplying. As per MOU the SAIL is asking Builders to give programme as to how much steel will be required and when. The Builders mostly want to purchase in one go. He has experienced difficulty at Indore. He had approached SAIL authorities there for supply but they failed to do so. He advised Builders that if SAIL cannot supply goods asked for at a time, they should take in writing from SAIL as the same will help in making our case strong. Sh.Dhal also suggested that we should take a meeting with the DG MAP in which it should be emphasized that their experiment to get married accommodations Projects executed by organizations like CPWD, RITES, IRCON had not proved successful. Only MES Builders had been able to accomplish the tasks. The contracts of furniture and maintenance have already come to MES, they should change policy regarding building works also. Sh.Varinder Kumar Garg stated that the Department cannot negotiate on behalf of the Builders. If the Department is so keen that the Builders should use steel of SAIL only, they should make it Schedule B supply. The Association should consult some advocate to check up whether a case can be filed in a court of law against monopolistic decision of the Department for purchase of steel from SAIL only and whether they can negotiate on behalf of Builders. Sh.Garg further suggested that matter be taken up strongly with the Department supporting it with invoices of conversion agents of SAIL and a copy of inquiry report of Railway accident mentioned by Sh.Goel. Sh.Anil Raizada stated that as per MOU Builders will have to procure steel only from SAIL. He stated that we should approach the Monopoly commission that Deptt. is forcing Builders to buy from one company only and that also on their conditions. President stated that a letter on the subject has already been sent to the Department. A booklet of ASSOCHEM / Ministry of Steel in which it is mentioned that 60% of steel in the country is being manufactured by the Secondary producers was given to the Engineer-in-Chief personally at Farewell/Welcome meeting, other points raised by esteemed members were also brought to the notice of the Department. He has requested Sh.Wani to contact Sh.Sharif-ud-din Sharik Hon ble MP. Sh.Naresh Dave has been requested to contact MP from Jaiselmer, who happens to be a member of Defence Consultative Committee. Some other MPs have also been briefed. Our effort is that both this case and the policy of the DG MAP regarding clubbing of works etc. be got raised in Parliament. The Hony.Gen.Secretary stated that as regards matter of MOU with SAIL a letter has already been sent to the E-in-C. He read out letter. Discussion on matter continued. Sh. Varinder Kumar Garg stated that the Association should take up this matter very strongly with the Department. We should again stress that we should be allowed to use steel from Secondary Producers for all sections. We should give examples of other Agencies, like AWHO etc. who are using steel of above 16 mm dia procured from Secondary Producers even in 14 storied buildings. We should also mention that if the Department does not agree to our request, we may have no option but to go to court of law. Sh. Satya Pal Mahana suggested that a committee of members be formed who should go through all suggestions received and decide action. Sh. Vipan Sharma stated that the Department may follow the same policy regarding cement also. We should, therefore, take up matter strongly with them. Sh. Vinod Behl opined that some aggressive method should be adopted; only writing letters will not help. We should also protest against monopolistic action of the Department. Sh. Anil Gupta expressed view that aggressive methods will not succeed. We should continue policy of writing letters/ taking points in meetings. We should give examples that steel of 18 mm dia produced by Secondary manufacturers is being used by various Govt.Departments / Agencies. SAIL itself is not manufacturing, hence there should be no bar to purchase steel from secondary producers. Sh. K. Baluswamy stated that the Department be asked to change their policy within 30 days, if this is not done, matter would be got raised in Parliament through Hon Minister / MP. Sh. Karan Kapur stated that a M.O.U has been signed, we should intimate programme. Sh. Rajnish Jain pointed out that signing of MOU with SAIL is an act of creating monopoly which will result in loss to Exchequer. The Branches should give press release about this in newspapers. This will put pressure on the Department. 5

6 The Hony. Gen. Secretary stated that we have already written letter to the E-in-C, we will first discuss matter with the E-in-C, after which action on suggestions made by esteemed members would be considered. Sh.Lakhbir Singh stated that one more important policy letter No.36073/MESBAI/Gen/83/E8 dated had been received from the E-in-C s Branch sometimes back, in which it had been brought out that the Department proposed to make possession of concrete weigh batching plants of adequate capacity a mandatory requirement for SS S & A class contractors for forthcoming enlistment for the cyclic period Further it was proposed to make registration with Registrar of Companies / firm mandatory for all classes of contractors from class SS to class D. We had written to the Department in the matter on which they have sent reply as per their letter No.36073/MESBAI/Gen/108/E8 dated which has been sent to all Branches for necessary action. He read out all the letters for information of esteemed members. The Hony.Gen.Secretary further stated that the Department is also pressing for performance report of the contractor. He requested all Builders to be careful about their performance reports. The Association had taken up this point with the E-in-C previously, the same would be taken up again in the next meeting because in the past we have pressed that only works list and affidavit be asked for reenlistment. We ll press for the same this time also. Sh.Vinod Kumar Sharma stated that initially the Department had agreed that Builders will give only affidavit and list of works. A letter to this effect was received which should be available in Headquarter office. He stated that we should ask Department to follow the same policy otherwise many Builders will face problem. Sh.Anil Raizada stated that initially the Department had informed that they were doing reenlistment on trial basis, however, the exercise is being repeated after every 5 years. The Hony.Gen.Secretary stated that the policy letter of the Department has already been sent to all Branches. They should apprise all members. Sh.Rajnish Jain stated that the Ministry of Defence have as per their letter dated made certain changes in application form for enrolment as contractor. It appears that this letter has not been received in the Association. He gave a copy of the same. He stated that we have been fighting that instead of Local Purchase, contract should be started. In the new application form they have even omitted Bazar Supply. The Hony.Gen.Secretary thanked Sh.Rajnish Jain for making available copy of letter. He stated that the same will be examined and appropriate action taken. The Hony.Gen.Secretary stated that another policy letter No / P-2/07/E8 dated has been received two days back from the E-in-C s Branch regarding acceptance of FDR against Retention Money. He read out letter in question. The council noted. The Hony.Gen.Secretary stated that the E-in-C s Branch have called for our suggestions regarding following matters:- (i) Recommendation of Working Group on modifications to General Conditions of Contracts IAFW (ii) Draft provisions of SSR Part II proposed to be compiled by the E-in-C s Branch. We had requested all Branches to favour us with their suggestions / comments regarding both these cases. Only one Branch Shillong has sent comments regarding case of amendments to General conditions of Contract, while Srinagar Branch has sent certain comments regarding the case of SSR Part II. We have forwarded comments received from Srinagar Branch to the E-in-C s Branch. From HQ, also we have sent some comments to the E-in-C regarding the case of amendments to IAFW He requested all Branches to do send their suggestions / comments on both the matters at the earliest. He requested esteemed Council Members present in the meeting also to favour with their comments, if any. The Hony.Gen.Secretary stated that as far as the case of modification to IAFW-2249 is concerned, there are two proposed changes unfavourable to Builders. There is a proposal for deposit of 5% of the contract amount as performance guarantee in the beginning. The other is that compensation for delay will be 10 per cent of contract amount without any upper limit. He requested Hony.Secretaries / Chairmen /Members of the Branches to send their comments / suggestions at the earliest so that the same be considered and sent to the E-in-C. 12. Item 3(c) of Agenda To formulate plan of action for the year The Hony.Gen.Secretary stated that we have to decide the important matters to be taken up with the Department during the year. All Branches had been requested to send their suggestions so that matters of hardships faced by them if any, (remedy of which lies at the end of the E-in-C) could be included in the Plan of Action. No Branch has sent any point so far. He requested council to decide some points for the Plan. Later if any point is received from any Branch which merits inclusion in the Plan, the same will be done. He in this connection read out the following points which he stated can be included in the Plan of Action. 1. Relief to Builders for losses suffered by them due to abnormal hike in price of steel, cement and revision of escalation formula. 2. Escalation for all works irrespective of period of completion and non freezing of price index. 3. Amendment to IAFW-2249 and also to IAFW-1815 Z as suggested by Builders including deleting certain harsh provisions proposed by the E-in-C. 4. Use of ISI Mark material rather than by Brand name and use of material of Equivalent Brands. 5. Defect Liability of E/M Equipments procured from specified source. 6. Consultation with Builders Association on Policy Matters. 7. Recurring problem of shortage of Funds. 8. Extension of time and RAR payment. 9. Enhancement of powers of AAO for passing final bills. 6

7 10. Updating PSMBs. 11. Performance report of contractors. 12. Reasonable percentage for contractors OH and Profit. 13. Reduction in the requirement of Qualified Engineers. 14. No Board for Furniture Contracts. 15. Issue of Tenders to unenlisted contractors and Prequalification of enlisted contractors. 16. Use of steel from Secondary Producers without price adjustment & our disagreement to Department s proposed action of getting steel from SAIL alone. 17. Harassment to Builders due to long stay of staff at one station. 18. Periodic enhancement of tendering limit. 19. Provision of Running Arbitration in contracts. 20. MAP Phase-II works Issue of medium value works so that maximum number of MES Builders can participate. The Hony.Gen.Secretary stated that besides above matters, the case of Service Tax in which great hardship is being faced by Builders will also be included in the Plan of Action and appropriate action taken. He requested esteemed members to suggest any other point which they feel, should be included in the Plan of Action for the year. There was detailed discussion on the matter, in which several members including Sh.Anil Raizada, Sh.S.C.Bhatia, Sh.Anil Gupta, Sh.K.Baluswamy, Sh.M.A.Wani, Sh.Anil Tomar, Sh.Rajnish Jain, Sh.Preetam Singh Bali, Sh.Rajesh Sharma, Sh.Dev Raj Saini, Sh.Rakesh Mahajan, Sh.Paramjit Singh, Sh.Rajinder Sharma, Sh.Azeezullakhan, Sh.R.K.Malik, Sh.Varinder Kumar Garg, Sh.K.C.Trivedi, Sh.Rajeev Puri, Sh.T.R.Dhal and Sh.G.K.Gupta besides President and Hony.Gen.Secretary took part. Suggestions for inclusion of following matters in the Plan / taking appropriate action were made:- (i) Service Tax It was brought out that the E-in-C s Branch have not so far issued any clear cut instructions regarding leviability of Service Tax. They had sent certain clarifications e.g. that the tax is payable on building/civil structures for use for commerce or industry only, but had later on withdrawn the same stating that further clarification was being sought for from Ministry of Finance through Ministry of Defence which will be intimated as and when received. No further intimation has been received. The Department is including a clause in tenders requiring contractors to quote rates including Service Tax / VAT etc., which indicates that Service Tax is payable. On this basis the Service Tax authorities are asking Builders to submit lists of works executed by them and are sometimes insisting on payment of tax from the year 2003 onward. The E- in-c had issued directions that separate tenders be prepared for works on which Service Tax is leviable. Those instructions are also not being followed by the Accepting Officers. There was a general complaint that great harassment was being caused by Central Excise Department. They wanted that instructions be got issued to them through Ministry of Finance that Service Tax is not payable on works of construction/repairs of Defence. (ii) Local Purchase It was pointed out by several members that funds were being injudiciously used on local purchase. This resulted in shortage of funds for maintenance works etc. There was consensus that some limit be placed on amount to be spent on Local purchase. Following other suggestions in this matter were also made:- (a) Some CsWE/GEs are enlisting suppliers for Local Purchase. This should not be done. (b) If stores are to be purchased, quotations be given to enlisted contractors also. (c) Transparency be observed, quotations should be displayed on Notice Board and be sent to our Association offices also. (iii) Percentage for Star Rate A suggestion came that due to overall increase in prices, percentage of overhead and profit for Star Rate be increased from 15 to (iv) Relief to Builders for losses suffered due to abnormal hike in prices of steel, cement and bitumen etc. It was stated by a member that inspite of agitation, meeting with political leaders etc. no relief for losses suffered by Builders due to abnormal hike in prices of steel, cement, bitumen etc. has been given to Builders though contractors of Railway and some other organizations have got the same. He wanted effective action to be taken in the matter. (v) Enhancement of powers of AAO/AO It was brought out that great delay is taking place in attestation of CAs for contract above GEs level resulting in stoppage of RAR payments in certain cases. It was suggested that AAO s/ao s should have power to attest all CA s. Some members wanted enhancement of powers of AAO s/ao s to pass final bill upto Rs.15 lakhs. (vi) Non following of instructions by certain formations. It was pointed out that some formations are not following instructions of higher authorities. For example as per E- in-c s instruction yard stick will be part of contract but some formations are not complying with these instructions. It was desired that matter be taken up with the Department. (vii) Supply of inferior goods under Schedule B It was brought out that the Department was issuing certain material like cable, stop cock, PVC tanks etc. under schedule B. Some material e.g. PVC Tanks are of inferior quality which get broken at the time of fixing. However the responsibility for the same is placed on the Builder. It was pointed out that if the Department is not prepared to supply steel, cement under schedule B, such type of material should also not be supplied. 7

8 (viii) Setting up of area Accounts Officer (under PCDA Chennai) at Cochin. It was brought out, (on behalf of Cochin Branch) that they had since long, been requesting for setting up of an Area Account Office (under PCDA Chennai) at Cochin. However the needful had not been done with the result that the Builders were suffering. The Branch wanted Headquarter to take up matter with the E-in-C. President and Hony.Gen.Secretary thanked members for bringing out points of hardship. They stated that some matters are already included in Plan of Action, the others will be examined and appropriate action will be taken. 13. Item 3(d) of Agenda Any other matter (Technical) with the permission of chair. The following matters were raised by certain members. (i) The Hony.Gen.Secretary stated that a notification issued by the Ministry of Finance with effect from shows that rates of deduction of Income Tax / Sales Tax etc. at source have been revised. He stated that a copy of the orders will be circulated to all from Headquarters. (ii) Sh.Prem Thilley Regional Chairman Eastern Region stated that some difficulty is faced in the posting of GE directly. It is necessary that GEs who have experience be posted for smooth functioning. He further stated that the Builders face difficulty in approval of sample because the same have to be taken to a distant place. He also complained about shortage of funds. (iii) Sh.Satish Ghai pointed out difficulty in purchase / storage of Bitumen. He also wanted that vouchers given by paver owners be accepted by the Department. (iv) Sh.Rajesh Sharma suggested that on the date of council meeting opening of tender if any be postponed. The Hony.Gen.Secretary stated that Chairman of the Branch may approach GE / CWE concerned for this. (v) Sh.R.K.Malik suggested that a Technical Session with the E-in-C be held soon. Agenda be prepared on the basis of points discussed in council meeting and sent to the E-in-C and matter taken up effectively with the Department. 14. Item 4 (a) of Agenda To consider and decide programme of holding council meetings at various stations during the year. The Hony.Gen.Secretary stated that following Branches have offered to host council meeting in the month stated against each:- Branch Month proposed Dehra Dun Branch (Central B Region) February 2010 Bhopal Branch (Central A Region) November 2009 Bangalore Branch (Southern S Region) December 2009 Nagpur Branch (Southern N Region) January 2010 or February 2010 Siliguri Branch (Eastern Region) January 2010 (They want to celebrate Silver Jubilee of the Branch on the occasion) Mathura Branch (Central A Region) April 2010 Tenga (Eastern Region) February 2010 or April 2010 He requested council to consider and decide. There was detailed disussion on the matter in which several members including Sh.Varinder Kumar Garg, Sh.Anil Nargotra, Sh.Vipan Sharma, Sh.Vinod Bahl, Sh.Prashant Majumdar, Sh.Atul Prashar besides President and Hony.Gen.Secretary took part. After detailed discussion the following programme was decided by the Council. Month Place and tentative date of meeting November 2009 Bhopal on 25 th November 2009 December 2009 Bangalore on 19 th December 2009 January 2010 Siliguri on 9 th January 2010 February 2010 Nagpur (date to be intimated) April/May 2010 Dehradun -do- 15. Item 4 (b) of Agenda To nominate five members on the council. The Hony.Gen.Secretary stated that as per provisions of Memorandum & Articles of Association, five members are to be nominated on the council. He requested council to consider matter and co-opt five council members. The council after consideration of matter decided that both President and Hony.Gen.Secretary may nominate five members, as they consider suitable. 16. Item 4 (c) of Agenda To consider matter regarding constitution of Committees for various purposes. The Hony.Gen.Secretary stated that every year the council constitutes committees. He requested council to consider matter. The council after consideration of matter decided that both President and Hony.Gen.Secretary may constitute committees as they consider suitable. 17. Item 4 (d) of Agenda To consider applications for enrolment as Members / Associate Members of the Association. The Hony.Gen.Secretary stated that applications for enrolment as Members/ Associate Members have been received from following Branches:- For Members i) Bangalore Branch 5 ii) Jodhpur Branch 1 iii) Siliguri Branch 3 For Associate Members 8 i) Bangalore Branch 7 ii) Jodhpur Branch 1 iii) Jammu Branch 3 (2 Associate Life Member and 1 Associate Member)

9 iv) Kolkata Branch 1 Particulars of applicant firms were circulated to all Branches /Members for objection if any, No objection has been received. Applications are in order and amount due received. He requested council to approve enrolment of firms as Members/ Associate Members. The council considered matter and accorded approval. Accordingly, the following were enrolled as Members/ Associate Members. S.No. Name & Address of the firm Members Index No. Bangalore Branch 1. M/s Sahara Engineers (Restoration case) (Sh.G.Prasoodhanan) 9639 Rajinivas, Central Street Rameshnagar, Marathalli Post Bangalore Tel: Mob: M/s Kumaran Enterprises (Restoration (Sh.V.M. Chandra Mohan) case) 9640 No.712, 8 th Main HAL II Stage Bangalore Tel: M/s Thomson Electrical (Restoration case) # 28-29/4, Ist Floor, 8 th Cross 9641 Maruthi Nagar New Extension Madiwala Post: Bangalore Tel: , Mob: M/s Dhanush Construction Co (Sh. K. Muralidhara) No.32, Opp: Street Pipes Ramakka Tota (Layout) Mahadevapura Post Bangalore Mob: / M/s Sri Vinayaka Enterprises 9643 (Smt. Sadhana. S No.107, Banagiri Nagar BSK III Stage Bangalore Mob: Jodhpur Branch 6. M/s Leela Shah Enterprises 9644 (Sh. Praveen Kumar Tejwani Sh. Rishi Tejwani 1, C.V. Singh Colony Jaisalmer (Raj) Tel: , Siliguri branch 7. M/s Techno Trade 9645 (Sh. Krishan Kant Nangia Sh. Kamal Nain Nangia Sh. Viney Kumar Nangia) Sevoke Road Siliguri -1 Tel: , M/s Power Engineers ( Restoration case) PO: Bagdogra Main road 9646 Dist: Darjeeling (W.B) Tel: (R) Mob: M/s Unity Enterprise (Restoration case) Netaji Sarani 9647 (Near Maharnaya Sporting Club) PO: Hyderpara Siliguri Tel: (R) Mob: Associate Members Bangalore Branch 10 M/s Mohan Engineering AM-338 Installation and Services Contractors & Engrs. No.814, 3 rd Cross Triveni Road, Yeshwanthpur Bangalore Tel: (R) (M) M/s Koncretta Designer Tiles AM-339 ( Sh. Arun Kumar Swamy Sh. Kishore Kumar Swamy) # 86, 2 nd Main Road Palace Guttahali Opp: to Post Office Bangalore Mob: M/s Gowri Shanker Enterprises AM-340 (Ms. Kiran) B-10, Industrial Estate Opp to ABB Tech Park, Rajajinagar Industrial Estate Bangalore Mob: M/s G.Venkatesh AM-341 (Sh.G.Venkatesh) No.623/A, 11 th Main HAL 2 nd Stage, Indranagar Bangalore M/s Alpha High Tech Polurethane AM-342 (Sh. G. Suresh Kumar) No.45 (New No.8) 13 th Cross Jagadeesh Nagar New Tippasandra Post Bangalore Mob:

10 15 M/s Nandi Constructions (Restoration (Sh. B.S. Bhaskar) case) AM P/2 Selvam Industrial Estate Magadi Main Road KHB Colony Bangalore Tel: (M) M/s Auro Mirra Enterprises AM-344 (Sh. Raghu Ram (Restoration case) Sh. Raju) No.506, R.V. College Vth Cross, Ist Main Muthuraja Nagar Bangalore Mob: , Jodhpur Branch 17 M/s Chandra Enterprises AM-345 (Sh. Chandra Prakash Dangra) Nachna Havelli Jaisalmer Tel: Tel: Kolkata Branch 18. M/s Dhanashree Electronics Ltd AM-346 ( Sh.S.P. Toshniwal Sh. Nitesh Toshniwal Sh. Abhishek Toshniwal) Salt Lake Electronics Complex Plot No. XI-16, Block EP & GP Sctor V, Salt Lake, Kolkata Tel: (033) , Mob: Jammu Branch 19. M/s Rajinder Builders AM-347 (Sh. Rajinder Prasad Sharma Sh. Yogender Kumar Sharma Sh. Nitish Sharma) Lane No.54, House No.1 Greater Kailash Kalu Chak Jammu (J&K) Mob: M/s Shree Guru Kripa Cement (Pvt) Ltd.(ALM) AM-348 (Sh. Vijay Aggarwal Sh. Vishal Aggarwal Sh. Vikram Aggarwal) House No.4, Sec. 4, Trikuta Nagar Jammu (O) : (R) : Mob: Fax: M/s R.R.Industries (ALM) AM-349 (Sh.Rakesh Goyal, Sh.Neeraj Aggarwal, Mrs. Iketa Goyal) 79/1, Trikuta Nagar, Jammu (J&K) Tel: Mob: Item 4 (e) of Agenda Administrative Matters. (i) Change of membership from Associate Member to Ordinary Member The Hony.Gen.Secretary stated that Jammu Branch have informed that M/s Karmnaya Construction an Associate Member of their Branch has got enlisted with the CE (AF) Udhampur as per Index No.E-42/AFU. They have, therefore, requested that membership of the firm be changed from Associate Member to Ordinary Member. The firm has produced a copy of enlistment letter which shows that they have been enlisted as E class contractor. They are thus eligible to get enrolled as Ordinary Member. He requested council to approve change of membership of the firm from Associate Member to Ordinary Member. The Council considered matter and accorded approval to the change. (ii) Change of membership from Ordinary to Life. The Hony.Gen.Secretary stated that M/s Aroop Enterprises an Ordinary Member of Jabalpur Branch have requested for change of their membership from Ordinary to Life. They have paid required fee. The Branch has recommended change. He requested Council to approve the change. Council after consideration approved change of membership of M/s Aroop Enterprises from Ordinary to Life. (iii) Transfer of Membership from one Branch to another The Hony.Gen.Secretary stated that M/s K. M. Subbanaih and M/s P. S. Reddy, members of Panjim Branch have requested for transfer of their membership from Panjim Branch to Vasco Branch. No objection form both Branches has been received. He requested council to approve transfer of membership of the firms from Panjim Branch to Vasco Branch. The council considered matter and accorded approval. (iv) Resignation from Membership The Hony. Gen.Secretary stated that M/s Bhandari Builders Private Ltd., an esteemed member of Delhi Branch have resigned from membership of the Association, on the ground that they are not working with MES, and hence are not interested to continue their membership. He stated that normally in such cases, recommendation of the Branch is asked for before submitting case to council. However, since Delhi Branch has not been functioning for the last 5 months the same is not possible. He requested council to approve resignation of the firm. The council considered matter and approved resignation of M/s Bhandari Builders Pvt.Ltd. from membership of the Association. (v) Discontinuance of membership of certain members due to non payment of 34 th A.D. Souvenir Charges. The Hony.Gen.Secretary stated that the following members have not paid an amount of Rs. 2500/- each on account of charges for publishing of their advertisement in 34 th A.D. Souvenir.

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