This agreement made at Delhi on ___________________ day of ___________ Two thousand ________________________ between Shri/Smt./M/s. _____________ son of/daughter of/wife of ___________________ residing ___________________ at __________________ hereinafter called `the owner’ which term shall include his/he successors and assigns who will be called hereinafter `The party of the first Part’ and Delhi Transport Corporation through the General Manager or Regional Manager (Operation) or Sr. Manager (Traffic) who has been authorized to sign on behalf of Chairman-cum-M.D., DTC vide Office Order No. 8 dated 04.02.1980, read with Resolution No.5/80 dated 15.01.80 amended by Circular No.202 dated 16.01.1986 and amended by vide Circular No. TR/PO/9/Agreement/92/794 dated 24.04.92 hereinafter called `The Party of the Second Part’.

WHEREAS Delhi Transport Corporation was established vide Notification of Government of India in the Ministry of Shipping & Transport, New Delhi vide No. TAG/23/71 dated 03.11.1971 having its Head Office at I.P. Estate, New Delhi – 110 092 which terms unless repugnant to the context will include its successors and assigns and hereinafter called D.T.C. and subsequent taken over by Govt. of N.C.T of Delhi w.e.f. 5-8-1996 vide Notification No. 555 (R) dated 5.8.1996 issued by the Government of India, Ministry of Surface Transport.

WHEREAS the party of the second part in order to meet the Transport requirement of the commuters in Delhi has desired to hire private buses under DTC operation. And whreas the party of the first part has agreed to give his/her bus on hire under DTC Operation.

Now, this agreement witnesseth as under :-

1. Delhi Transport Corporation shall pay charges to the registered owner of private bus at the following rates for engaging his/her bus, particulars of which are given below:

2 As a guarantee towards proper performance of the terms of the agreement, the registered owner of the bus shall deposit of Rs.10,000/- (Rupees Ten Thousand only) per bus with the Delhi Transport Corporation which will not carry any interest. The security deposit is liable to be forfeited at the discretion of Chairman-cum-M.D., DTC or any other officer authorized by him by special or general order in the event of unilateral withdrawal of the bys by the registered owner without due notice as provided in Clause 4 of the agreement. Chairman-cum-M.D., DTC or any other officer authorized by him by a special/general order shall have right to deduct the amount of penalty imposed under Clause 25 and also other dues from security deposit. In case, any amount is adjusted against the security deposit, the registered owner of the private bus shall reimburse the full security deposit within seven days of the receipt of the Notice from Delhi Transport Corporation. In case such amount is not deposited with such period, Chairman-cum-M.D., DTC or any other Officer authorized by a special or general order shall have the right to suspend the operation of a bus or terminated this agreement forthwith.

3.(a) The party of the first part shall keep the bus particulars of which are given in Clause 1 roadworthy in terms of the Delhi Motor Vehicle Rules 1993 and carry out all necessary repairs at his own cost and within time allowed by the Chairman-cum-M.D, DTC or any other officer authorized by him by a special or general order and shall also keep it duly insured covering "THIRD PARTY’S RISK".

3.(b) The party of the first part shall make available his bus for inspection in accordance with the direction of chairman-cum-MD., DTC or any other officer authorized by him by a special or general order not only at the time of its engagement under DTC but also as and when required.

4. This agreement shall be valid for a period of one year subject to the provision of Clause 2 and 29. But either party to the agreement shall have the right to terminate the agreement by giving Notice of fifteen days in writing to the other party.

5. Subject to provision of Clause 18, the registered owner of the bus will be allotted 225 guaranteed K.Ms on an average per day, for operation by the DTC, but the liability of DTC to pay charge to the registered owner of the private bus will be restricted to the actual distance covered by the bus under DTC operation. However, no payment will be made for the extra K.Ms. covered due to temporary diversion for which the fares are not revised.

6.(a) The Private Operator shall honour, the DTC Pass Holding Passengers and any other such seasonal/special tickets issued by the DTC for travel in the N.C.T of Delhi.

6.(b) The registered owner of the private bus shall abide by the orders of the Chairman-cum-M.D, DTC or any officer authorized by him by a special or general order in regard to operation of buses from time to time. The schedule for operation and routes on which the bus will be utilized shall be fixed by the DTC from time to time and in manner to be determined by DTC and will be binding on the registered owner of the private bus. The request for change of route from the first party will be entertained only after the period of six months from its operation on a particular route. However, it will be sole discretion of the DTC to consider it or not. The processing fee of Rs.5000/- shall be paid by the first party to the second party on change of route. The second party has discretion to change the route as per requirements/demands at any time without assigning any reasons.

6.(c) If there is any objection regarding matter connected with operation of bus, the same should be raised within 3 months of the allotment of the route by the Delhi Transport Corporation. Any claim received after three months of the operation of the bus, will not be entertained.

6.(d) In case a route is re-surveyed and it is found that the less kilometrage is given then that effect of revised kilometrage will be given from the date of re-survey if any and not from the retrospective effect.

6.(e) As and when the registered owner of private buses will complete the 8 years of their bus age after enhancement of life span 6 to 8 years shall have to replace with new one within 3 months period before the expiry of existing agreement subject to payment of processing fee of Rs.2500/- and the fulfillment of the following laid down conditions :-

(i) The hiring rate of P.O. buses from 6 years life span to 8 years will be fixed by DTC and the same will be applicable. No claim representation will be entertained in this regard.

(ii) A fitness certificate from STA has to produce by the private operator after completion of 6 years life span of his bus from time to time as per rules.

(iii) A quarterly fitness certificate from DTC has also to be obtained by the operator during the life span of bus from 6 years to 8 years.

(iv) The operational efficiency be monitored at 90% during the month of such bus.

(v) No private bus after the life span of 8 years would be permitted to operate under DTC KM. Scheme.

Besides the above, a notice for termination the agreement of the bus would be served upon the owners of the private buses which could not attend the target of 90% kilometers efficiency during the month irrespective of the age of the buses and the agreement would stand terminated if despite the notice, the kilometer efficiency of the bus remaining below 90% in the following month.

6.(f) The transfer of registered ownership shall be allowed only after six months of the operation of the bus under DTC and or one year before the completion of eight years of the life of the bus. During the first six months and last one-year of the operation of the bus the registered owner of the bus shall not be permitted to sell or change the ownership of the bus. In case, it is established that the bus has been sold or is operating benami, the agreement with the registered owner shall be terminated and any payment due for that period will stand forfeited. The administrative charges payable by the seller and the buyer each to the Corporation will be Rs.5000/- for each transaction.

6.(g) The party of the first part shall abide by all statutory provisions including those made under labour enactments.

6.(h) If for any reason the private operator fails to fulfill the conditions prescribed in the clause 6(e) and there is a delay in replacing the vehicle, the same shall be permitted subject to fulfilling other conditions provided in clause 6(e) within a period of 3 months after completing the 8 years of life span of bus, provided that the owner pays a one time renewal fee of Rs.5000/- and a further compounding penalty of Rs.100/- per day for each day’s delay. In such cases, DTC has sole discretion to change the existing route and that will be binding on the registered owner of the bus.

7. The driver on the bus shall be provided by the registered owner of the private bus on his cost and the (driver) shall possess a valid licence for driving heavy vehicle with PSV endorsement as per Motor Vehicle Act, 1988. Delhi Transport Corporation shall not be liable for any criminal and/or civil liability arising out of any accident or any action of tort and the registered owner of the private bus shall be responsible for defending the driver in the criminal and/or civil court in respect of the criminal case against the driver and/or claim cases either before Motor Accident Claim Tribunal or before any Civil Court against the registered owner.

8.(a) The party of the first part shall engage two drivers on each bus in accordance with the statutory provisions.

8.(b) The party of the first part shall have to provide uniform as per DTC’s specification with the name-plates to their drivers.

8.(c) The party of the first part shall display the photograph of the authorized bus drivers with particulars in their respective buses, a copy of which will be submitted by him to the Delhi Transport Corporation. The antecedents of the bus driver has to be got verified from the Police Authorised by the registered owner of the private bus. After clearance by the Police, documentary proof will be submitted by him to Delhi Transport Corporation.

9. The party of the first part shall produce his/her vehicle at any point convenient to Delhi Transport Corporation to be determined by the DTC along with the driver from where the conductor on the bus will be provided by DTC at its own cost. DTC will be liable for any police challan against the conductor for overloading, scuffle case and cases of such nature in which the conductor may be exposed in normal performance on his duty.

10. That the driver provided on the bus supplied by the party of the first part shall comply with the Principal Sessions or executive instructions applicable to the drivers of DTC. Copies of further instructions as may be issued from time to time will be sent to the registered owner of the private bus.

11. In case of breakdowns/accidents/scuffle etc., leading to the disruption in the schedule services, it shall be the responsibility of the registered owner of the private bus to inform the Central Control Room/concerned depot of the details pertaining to the breakdown/accidents, etc.

12(a)1. In the first fatal accident involving P.O. buses under DTC K.M. Scheme the owner of the bus would be asked to pay a fine of Rs.5,000/- and the driver would immediately be removed from that bus, a record would be maintained at the DTC office to blacklist such driver to operate in other P.O. bus in future.

2. In the event of second fatal accident by the P.O. bus under DTC K.M. Scheme, a fine of Rs.10,000/- would be imposed on the owner of the P.O. bus besides suspending the operation for a period of 15 days from the date of accident. Action against the driver would be the same as in Column-1 above.

3. In the third fatal accident involving the same P.O. bus the said shall stand removed from the operation of DTC by the terminating the agreement immediately.

4. In erring driver of the private buses under DTC K.M. Scheme involved in fatal/major accident shall be black-listed debarring him to be engaged by any other private operator to ply P.O. Bus under DTC K.M. Scheme.

5. In case it is found that the black-listed driver is engaged by other owner of P.O. Bus under DTC K.M. Scheme, the operation of the said bus would be stopped by terminating the agreement immediately.

6. If, however, the driver involved in fatal accident running the bus without proper driving licence, the operation of the bus would be suspended for 3 months and the owner of the bus shall be required to pay a fine of Rs.5000/-

7. In case of major accident involving grevious injuries & a fine of Rs.3,000/- shall be imposed on P.O. bus owner.

12.(b) In case of the gross misbehaviour/irregularity committed by the driver, the agreement shall be liable to termination.

13. If a particular bus does not maintain 80% of scheduled operation during an year, agreement shall be liable to termination.

14.(b) The Delhi Transport Corporation shall not provide any breakdown service for the bus to its registered owner. It shall be the sole responsibility of the registered owner of the private bus to make arrangements for attending breakdowns of his bus at his own cost.

15.(a) The buses to be made available shall have a seating capacity of atleast 44 passengers as the case may be excluding standees. No seat will be reserved for bus conductor. The minimum inside height of the vehicle should not be less than 5’9" the top of the trend of the lowest step for any entrance or exit other than any emergency exist shall not be more than 17" of less 10" above the ground when the vehicle is empty. Fixed steps shall not be less than 9" wide and shall in no cases project laterally beyond the body of the vehicle. Adequate arrangements for the light and ventilation shall be provided in the near panel of the bus. The size of two window opening shall not be less than 20 x 22" subject to the condition that in the case of the existing buses the size of sliding window of the rear panel will be allowed to be the existing size.

15.(b) Wherever applicable the internal seating lay out of the bus will be with DTC specification i.e. 2 x 2 having six seats at the back and with a driver’s cabin around the driver seat as per the approved design. Provision for front and rear destination boards with proper lighting arrangements. The colour of the body will be turquoise blue upto window level and aluminium paint above it and may be required to have a distinctive marking prescribed by DTC. The name or registered owner will be painted only on the rear panels with 6" lettering and nowhere else.

16. The bus shall be operated on routes to be determined by DTC. The registered owner of the private bus shall be responsible for ensuring that the bus shall invariably ____ on al scheduled bus stops on the routes. In case more than three reports or three genuine complaints of non-stoppage of the bus at the bus stop against a bus are received in a month, strict action including termination of the agreement shall be taken.

17.(a) The party of the first part shall submit fortnightly pre-receipted bill on every month showing the actual kilometrage covered by his/her bus under DTC operation and the payment against such gills if they are in order, shall be made within 10 days of the receipt of the said bills through account payee cheques. In the event of mistake/error in the bills submitted by the registered owner of the private bus, the question for making payment shall arise only after 10 days of the receipt of correct bills.

17.(b) All penalties or any other dues recoverable from the registered owner shall be liable to be deducted from the bills and/or security of the registered owner irrespective of the fact that the vehicle has ceased to operate under the Agreement.

18. Under no circumstances, DTC shall be liable for any payment, if the trips are missed on account of defect, in bus or fault on the part of the driver or the registered owner. In case of missed trips as a result of Civil commotion action of GOD excessive rains and flood, sudden imposition of curfews for maintenance of law and order promulgated under Section 144 of Cr. P.C. and other relevant sections or any other reason beyond the control of DTC, no payment will be made by the DTC to the registered owner of the private bus. However, when the trips are missed for reasons beyond the control of the registered owner and his driver, DTC will endeavour to come-up for the lost kilometrage by allowing the vehicle to ply on off-days, provided it is established to the satisfaction of Chairman-cum-MD., DTC that the trips were missed for reasons beyond the control of the registered owner of the private bus and his driver.

19. The private bus engaged under the said agreement under DTC operation, particulars of which are given in Clause 1 shall be for the exclusive use of the Delhi Transport Corporation and under no circumstances, such bus will be diverted by the registered owner for personal use or any other business or gain during the period of operation under DTC.

20. The State Carriage Permit for operation of the private bus engaged under DTC shall be obtained by the DTC only in its own name and the registered owner of the private bus shall have no right or claim over the State Carriage Permit so obtained by the DTC. IN the event of break-down or in the case of detention of vehicle for major repairs, the registered owner shall be allowed to replace for major repairs, the said bus with higher/latest model bus having same specification as mentioned in item 159(a) of the agreement after entering into a fresh agreement in respect of such bus and requisite permit for such replacement bus shall be provided by the DTC and the cost shall be reimbursed to DTC by the registered owner for the same.

21. The party of the first part of the private bus or his driver shall not indulge in any subversive activity causing set-back to DTC revenue or anyway disrupt the normal service or bring disruption to it or cause inconvenience or harassment to commuters. The decision of the Chairman-cum-MD, DTC or any other authorised by him by a special/general order in this regard, shall be final and binding on the registered owner of the private bus.

22.(a) The registered owner of the private bus shall bear full reasons responsibility for the payment of compensation under any law or enactment and under no circumstances, the DTC shall be responsible for any civil action of tort or any other action arising out of operation of the bus, particulars of which are given in Clause 1.

22.(b) All the statutory obligations under labour laws or any other enactments of the benefits of the employees lincelation to the operation of bus under DTC operation, particulars which are given in Clause 1 will be complied with by the registered owner of the private bus and the consequences of any default in the implementation of the same will be the sole responsibility of the registered owner of the private bus. In case, DTC is called upon to bear any financial claims in this behalf e.g. provident fund, family pension, ESI, etc. or is called upon to pay compensation under any law or enactment, the same shall be recovered from the dues payable to the registered owner of the bus and/or his security deposited under Clause 2 of the agreement without notice.

22.(c) It is the sole responsibility of the first party i.e. registered owner of the P.O. bus to inform to the second party at its Corporation Office Scindia House about any challan issued against his bus for violation of pollution norms by any Govt. agency i.e. Delhi Traffic Police, STA Enforcement Deptt. Or any other Govt. agency.

In case of violation of pollution norms for second time operation/permit of bus shall be suspended for a period of 7 days and for a period of 15 days if challaned for third time, the permit of the bus will be cancelled in case it is challaned for fourth time.

23.(a) At the time of commencement of Zonal Transport System in the entire city of Delhi, the private operator i.e. First Party would have to be converted into cooperative societies to become eligible for operation in a particular zone under Zonal Transport System.

23.(b) In case of refusal of permit by the competent authority or due to other compelling circumstances, resulting in suspension or cancellation of permit or in the event of the bus being put out of operation due to legal action/order or Court of statutory authority, DTC will have no liability for payment of damage or compensation for abrupt termination of the agreement.

24. The Chairman-cum-M.D., DTC or any other officer authorized by him by a special or general order shall have no liability for payment of damage or compensation for abrupt termination of the agreement.

25. The Chairman-cum-M.D., DTC or any other officer authorized by him by a special or general order shall have the right besides reporting to termination/suspension or agreement to impose the penalty maximum extending upto the value of the security deposit defined in Clause 2 for each of the following major/minor lapses or defaults, provided that no action under this clause will be taken unless a show cause notice of seven days giving the particulars of lapses / defaults, provided that no action under this clause will be taken unless a show cause notice of seven days giving the particulars of lapses/defaults is given to the registered owner of the private bus and the reply, if any, sent by the registered owner of the private bus to the said notice is considered.

1. Withdrawal of bus for one or more days without detailing prior written permission from Authorised staff of DTC.

2. Dis-obedience of instructions issued by the authorized staff of DTC and/or misbehaviour of discourtesy on the part of the driver or any other staff employed by the registered owner and manhandling of and/or misbehaviour with the passengers or staff members of DTC by the driver.

                    3. Not picking up of passengers enroute.

                    4. Cancellation of curtailment of trips without valid reasons.

                    5. Performing un-scheduled trips.

                    6. Delaying the bus causing dislocation of the traffic schedule.

                    7. Off route operation.

                    8. Non-stoppage of bus at the schedule bus stops for alighting and
                        boarding           of         passengers.

                    9. Allowing un-authorised persons to travel without tickets.

                    10. Rash and Negligent driving.

11. Any activity detrimental to DTC or Public interest or violation of the terms of the agreement.

                   12. Playing of music and pressure-horns.

              1. Non-display of destination boards and/or defective destination board’s lights.

             2. Operating the bus with defective seats and/or defective fittings.

            3. Non-cleanliness of buses and absence of any fittings.

            4. Non reporting to A.T.S. on duty in time keeping booths.

           5. Carrying inflated spare wheel, tool-box or any unwieldily item inside
            the bus.

26. The party of the first part may file an appeal within 15 days of the communication of the decision taken under Clause 25, such an appeal shall be heard by the Chairman-cum-M.D, DTC any other officer authorized by him a special or general order and decision of that office shall be final and binding on the registered owner of the private bus.

27. In the event of any dispute arising out or the agreement, the same will be referred to sole arbitration of the Chairman-cum-Managing Director, Delhi Transport Corporation who may decide the same himself or appoint or nominate any person to decide the same and the decision of the Chairman-cum-Managing Director, Delhi Transport Corporation or the person appointed/nominated by the C.M.D., DTC shall be final and binding on both the parties.

28. It would be essential condition of the agreement/contract that all acts/performance required to be done under the agreement by the registered owner of the private bus, shall be performed by him and it would not be open to him to appoint any attorney for him to do or perform any such act.

29. Notwithstanding anything to the contrary contained in any of the foregoing clauses, the Chairman-cum-Managing Director, Delhi Transport Corporation shall have the absolute right to suspend forthwith operation of the bus for periods not exceeding seven days at a time for a major lapse/default, particulars of which are given in clause 25 of the agreement by the registered owner of the private bus or his employees on the bus.

IN WITNESS WHEREOF, the parties to the agreement, herein set their respective hands on the day, month and year first above written.

                                                                                        Signature ………………..

                                                                                        (Party of the First Part)

                                                                                        OWNER OF THE BUS

                                                                                    Address : ___________________

                                                                                    ___________________________

                                                                                    ___________________________

WITNESS :

1. ________________

    ________________

    ________________

2. ___________________

    ___________________

    ___________________

(PARTY OF THE SECOND PART)

SR. MANAGER (TRAFFIC), DTC.

For & On behalf of the

Chairman-cum-MD., DTC

I.P. Estate, New Delhi.