Approval letter for CEFC at TAGMA
Transcription
Approval letter for CEFC at TAGMA
No. 121 10/2014- HE&MT Government of India Ministry of Heavy Industries & Public Enterprises Department of Heavy Industry Udyog Bhavan, New Delhi II-, Dated 12. November, 2015 To The Director, TAGMA Centre of Excellence and Training (TCET), A-33, Nand Jyot Industrial Estate, Andheri Kurla Road, Safed Pool, Mumbai - 400 072 Subject: Proposal from Tool and Gauge Manufacturers Association of India (TAGMA) for setting up of Common Engineering Facilities Centre (CEFC) at Chakan, Pune under the Scheme on Enhancement of Competitiveness in the Indian Capital Goods Sector Approval thereof. Sir, I am directed to refer to the proposal of TAGMA dated 9th December, 2014 seeking grant- in- aid for setting up of Common Engineering Facilities Centre (CEFC) at Chakan, Pune under the Department of Heavy Industry's Scheme on "Enhancement of Competitiveness in the Indian Capital Goods Sector" notified on 5.11.2014 and to say that the approval of the competent authority to the proposal, subject to certain conditions, was conveyed to TAGMA vide this Department's letter No. 121 1/2014- HE&MT dated 22.1.2015. Consequent upon confirmation of TAGMA vide letter dated s" September, 2015 on acquisition ofland by the SPY floated by TAGMA, namely TAGMA Centre of Excellence and Training (TCET) from Maharashtra Industrial Development Corporation vide MIDC letter No. MIDCI RO (ROP)! CHK- III LMS-I 983 3607 dated 4.8.2015, detailed terms and conditions of grant in aid for the above project as indicated in Annexure I to this letter, are hereby conveyed to you. 2. You are requested to formally intimate your acceptance of provisions laid out in this approval letter and express your willingness to be bound by terms and conditions mentioned in the Annexure - I to this letter. You may note that your acceptance of this letter along with terms and conditions will be legally binding on you. 3. You.will have to sign a MoU with Department of Heavy Industry after your acceptance of this letter. You are also required to submit bank mandate as required to register you as a recipient under pfms.nic.in, pre-receipt etc. for release of the first instalment of grant. Yours faithfully ~ CD.K. Mukherj ee) Under Secretary CHE&MT) , '.; ,r.vI :I Annexure -I Terms and Conditions of approval of the project for setting up Common Engineering Facilities Centre (CEFC) at Chakan, Pune under the Scheme on Enhancement of Competitiveness in the Indian Capital Goods Sector notified by the Department of Heavy Industry in Part I Section I of the Gazette of India (extraordinary) dated 05-11-2014 (hereinafter referred to as the CG Scheme) under the component of Common Engineering Facility Centres are indicated below in the succeeding paragraphs. 2 PROJECT SCHEDULE 2.1 The work on setting up of CEFC shall commence from the date of release of the first instalment of the fund by the Government of India and shall be completed within one year of receipt of the first instalment of the DBI budgetary support. 2.2 Major milestones in terms of resource allocations (expenditure) are listed as under: Months (M) Land BuildinQs Utilities Machinery Vehicle & Books Continqencv PreOperatives IDC Margin Money for M1 435.6 M2 Total 435,6 -- -- 73.3 ---- ---- M3 .73.3 M7 -- -- -- 73.3 73.3 73.3 -- -- --- -- 360,1 -- -- -- -- 21.7 13.7 -- 3.7 3.7 2,3 2,3 o.s M6 -- -- -- M5 73.3 -- 0,0 M4 1,8 3.7 2.3 2,7 3.7 2,3 3,6 -- -- -- -- 80.2 81.1 81.9 82.8 M8 M9 M10 M11 --- (Rs M12 in lakh) Total 435.6 733.0 ·75.0 -- -- 293.2 -- --- 811,7 30,0 268,8 15,0 663,6 30,0 11,800 -- -- -- -- 35,0 36,8 23,2 55,6 34,8 60,5 38,1 14,9 9.4 2,5 1,6 21,8 13.7 228.6 143.7 8,0 -- -- 3284.2 35.0 14,2 16,0 16.7 16.7 -- -- -- -- -- -- 17.2 153.8 102.9 153.8 473,9 805.0 1209.5 1324.6 339.9 70.8 206.5 5191.8 5,1 we 3. OUTPUT 3.1 In case of the Scheme component Common Engineering Facilities Centre, facilities set up for use by the Industry will be considered as output. 3.2 Physical & Financial Targets: Physical Year • • 2015-16 • • • Project Cost Targets Land Buildings (Design to Commissioning) Machinery (Pre-Order and Procurement) Pre-Operatives '. IDC Rs. 2040.6 lakh including Rs,1 023.70 lakh for Machinery , <. • • 2016-17 • Utilities Machinery (Procurement & Installation) Vehicle & Books Pre-Operatives . • IDC • Working Capital • Total Project Cost Rs. 3151.2 lakh including Rs.2260.50 lakh for Machinery Rs. 5191.80 lakh including RS.3284.20 lakh for Machinery 3.3 A Project Summary is attached at Appendix' A'. Implementation Schedule of the Project is attached at Appendix 'B'. 4. MODE OF FINANCING 4.1 The Machinery component of the project cost will be jointly funded by the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises, Government of India (DHI) and the TAGMA Centre of Excellence and Training (TCET) in the ratio 80:20 without violating any condition of the Scheme / GOl Rules. Total cost of Machinery to be installed is RS.32.84 crore. DHI funding will be limited to Rs.26.27 crore. 4.2 Funds will be released by DHI in the designated Project Account on pro rata basis after receiving confirmation of contributions by other funding partners. Release of fund will be subject to fulfilment of terms and conditions of this approval letter, paragraphs 8 and 12 of the Gazette Notification dated 5.11.2014 and relevant Government order/ General Financial Rules, particularly Rules 206- 212 and 215(3) of GFR. 4.3 DHI Budgetary grant will be released in two instalments, one each in a financial year. Utilization of budgetary grant will be subject to and in compliance of tenus and conditions of the Sanction Letter. 4.4 Release of 1st instalment of funds shall be arranged by DHI after signing of an MoU by the Grantee Organisation and after due confirmation of fulfilment of the commitment by the Industrial Partners to the Project, as per financial target indicated above. Pre-receipted bills will be submitted, prior to release of fund. 4.5 In addition to the terms & conditions mentioned in paragraph 4.2 above, release of subsequent instalments of funds by DHI will be subject to satisfactory progress of the project measured by Project Schedule and satisfactory utilization ofthe fund already released. 5. FINANCIAL & FUNDING PARAMETERS OF THE PROJECT 5.1 Machinery component of this project is partly funded by DBI under the CG scheme through grant in aid as indicated in paragraph 4.1 above. The total approved financial outlay of Machinery component of the project as per approved proposal is Rs.32.8.4 crore (Rupees Thirty Two Crore and Eighty Four Lakh only). This is the toted cost of the machinery and equipment to be installed in the CEFC. The grant - in- aid should be utilized for the purpose of CEFC only. Utilization of the grant- in- aid would result in achievement of the following quantitative and qualitative targets: Output wise break-up of the total project cost (Rs in lakh) Targets Year Land 201516 435.6 . Buildings Utilities 439.8 -- with Expenditure Heads V&B* PreOps IOC* WC' Cent" Total 1023.7 -- 46.1 22.1 -- 73.3 2040.6 Machinery 201617 -- 293.2 75.0 2260.5 35.0 97.6 80.8 153.8 155.3 3151.2 Total 435.6 733.0 75.0' 3284.2 35.0 143.7 102.9 153.8 228.6 5191.8 * Note: V&B= Vehicle and Books, WC= Working Capital, Cont. = Contingencies 5.2 Cost of Machinery and Equipment s. No. l. Facility / Unit Design Cell Tool Room 2. Heat Treatment Unit 3. Tool Trial & Validation Unit and Component Production Unit 4. Quality Analysis, Testing and Calibration Unit 5. Skill Development Centre 6. Support Equipment 7. Total Details of machinery and equipment is available at Appendix C Amount (Rs. in lakb) 36.00 42l.20 390.50 1843.60 135.10 205.80 252.00 3284.20 5.3 Unless otherwise specified, funding by the Department of Heavy Industry will be limited to Machinery component of the Project only and will be governed by the relevant provisions of General Financial Rules (GFR) read with the DHI Notification dated s" November, 2014 on Scheme on Enhancement of Competitiveness in the Indian Capital Goods Sector published in the Part I Section 1 of the Gazette of India Notification (Extraordinary) dated 05-11-2014 bearing no. 71 61 2011- HE&MT ( as amended from time to time) and other Government orders and will be subject to terms and conditions of this approval letter. 6. ROLE AND RESPONSIBILITIES OF PROJECT IMPLEMENTING ORGANIZATION (PIO) also known as Grantee Organization which in the instant case is TAGMA Centre of Excellence and Training (TCET), A-33, Nand Jyot Industrial Estate, Andheri Kurla Road, Safed Pool, Mumbai-400072, India. 6.1 The Project Implementing Organization (PIO) shall be responsible for timely delivery of the output subj ect to timely receipt of funds from both DHI and others. 6.2 The PIO shall maintain a separate account for the funds released by DBI for execution of this project. 6.3 The PIO shall make arrangements for proper operation and maintenance of equipment/ knowledge procured under the project. PIO shall acknowledge procurement of equipment under this project by a "TRUST RECEIPT" which is attached, to this document as Appendix D 6.4 The PIO shall ensure that the funds released are utilized only for the purpose of the Project. 6.5 The PIO shall provide free access to DBI officers (or nominees / representatives) and the Apex Committee- Capital Goods Scheme (AC-CG) members and their representatives to all facilities/ assets and their records relating to the project located at their worksite. 6.6 The PIO shall also be responsible for achieving and regular reporting the progress of the project to DBI. The PIO shall also submit its Standard Operating Procedure (SOP), Memorandum of Articles of Associations (MoA), proceedings of Governing Council/Board and such other documents, which contain information pertinent to the project. 6.7 The PIO shall maintain a register of permanent and semi-permanent assets including Machinery acquired wholly or mainly out of the grant-in-aid as well as log for use of them. The PIO should maintain proof of having procured genuine new machinery from the vendor along with invoices, payment receipt and market value of the specifically procured machine. The Register/ log shall be open to inspection by the Department of Heavy Industry. The utilization of assets so created shall be in public interest and shall be the responsibility of the PIO. 6.8 The PIO will ensure that assets will not be disposed-off sold/ transferred/ leased/ rented/ transferred without prior approval of (AC-CG). 6.9 The PIO will not load DHI grants into the revenue formula, while determining the user charges! fees. 6.10 The PIO will ensure that the services are offered to the CG sector units particularly those belong to Micro, Small and Medium Enterprises sector at charges equal to or lower than the market rates, so that their cost of conversion is kept equal to or below global best practices. 6.11 The PIO shall also be responsible for adhering to law of the land including rules of central, state and local Governments in its operation. 6.12 The PIO sha11indemnify and protect Government of India from a11costs, damages and expenses arising out of any claim, action or suit brought against Government of India by third parties in respect of any infringement of any patent, registered designs or Intellectual Property Rights resulting from use of any technical information, data or process or design belonging to or used by the PIO and! or furnished to Government of India. < ' 6.13 The PIO will adhere and follow the Labour Acts and Rules while executing this Contract and shall keep the Government of India indemnified and protected from. all claims, costs, damages and expenses arising out of any violation of Labour Acts and Rules. 6.14 In case the PIO proposes to import any equipment, software etc. for the purpose of performance of the job in India, all duties related to such imports shall be paid directly by the PIO to the concerned authorities. DBI will not bear any liability on this account. It will be the responsibility of the PIO to provide the required particulars and documents to the Customs authorities and other Government Authorities and get the materials cleared and transported in time. The PIO shall be fully responsible for the delays, demurrage, penalties, charges and losses, if any, in this regard. 6.15 The PIO, shall under the project cost, insure and keep insured all the machinery and equipment etc. acquired for implementation of the Project, for a minimum period of 5 years by utilizing the grant- in- aid. In case of loss or damage of such machinery and equipment, etc. the insurance benefit will be payable to the Govenunent of India. 7. MANDATORY OBLIGATIONS 7.1 It is obligatory on the part of TAGMA Centre of Excellence and Training (TCET), to ensure free access to AC-CG members, Review Committee Members/ DHI officials/ its representatives to all facilities/ assets and records relating to the project located at their works. 7.2 The PIO shall duly acknowledge DHI for funding this project in all publications, reports, publicity, presentations materials, assets/ facilities created, events etc. 7.3 The PIO shall furnish all deliverables of the project such as full documentation pertaining to common facilities (including machinery and equipment), design etc. to DHI. 7.4 The assets/ machinery acquired/ facilities created by the PIO wholly or substantially out of Govermnent grants, except those declared as obsolete and unserviceable or condemned in accordance with the procedure laid down in the G.F.R., shall not be disposed-of, encumbered or utilized for the another purpose/ project, without obtaining the prior approval of the authority which sanctioned the grants. In case of winding up or dissolution of the organization all the assets acquired to that effect out of the grants-in-aid by the Ministry should be returned forthwith to the Government of India. 7.5 The PIO shall be required to maintain subsidiary accounts of the Government grant and furnish to the Accounts Officer a set of audited statement of accounts after utilization of the grants-in-aid or whenever called for. 7.6 The annual report and audited accounts of the PIO will have to be submitted to the Ministry in Hindi & English in required numbers by the grantee to be laid on the table of the both Houses of Parliament within stipulated period of the close of the succeeding financial year of the grantee if the non-recurring grant is Rs.SO lakhs and above as one- time assistance. 7.7 The accounts of the grants shall be open for inspection by the authority approving the grant- in- aid and audit, both by the Comptroller and Auditor General of India and Internal Audit party of the Principal Accounts office of the Department of Heavy Industry whenever the grantee institution! PIO is called upon to do so. .. 7.8 The PIO is required to submit performance-cum-achievement one month after the end of the financial year. reports within a period of 7.9 The expenditure on any scheme should not exceed the approved cost of the respective scheme and monthly targets of expenditure. 7.10 The grants-in-aid should not be a source of profit. If after examination of the Audited Accounts, Ministry comes to the conclusion that the grants-in-aid have been source of profit, then the PIO shall forthwith refund the amount of grants-in-aid to Government ofIndia. 7.11 The grantee organization recurring grants in aid, released to Utilization Certificate (UC) which the Department of Heavy Industry shall not utilize the interest earned on the recurring! nonit for any purpose. The interest earned shall be indicated in the can be either adjusted in the next release or to be refunded to after grants in aid sanctioned is utilized. 7.12 The PIO may keep in view all the economy instructions while incurring the expenditure. The organization shall not incur any expenditure on those items, the purchase of which have been banned. 7.13 A Penal interest is chargeable if the PIO fails to furnish progress report! Audited Statement of Accounts! Audited Utilization Certificate etc. within the specified period after release of grant- in- aid in the event of Sh011closure ofthe project due to non-technical reasons. 7.14 In the event of any liquidation or bankruptcy proceedings or any threatened distress action against the PIO or any of its assets; machineries and equipment procured for the purpose of the Project out of or with the support of grant- in- aid shall be outside such proceedings and the GOI may assume the control and management of the PIO and appoint any of its officer or authorized representative to run the Project. .~ 8. 8.1 ROLE AND RESPONSIBILITIES ORGANIZATION - DHI OF PROJECT COORDINATING DHI will approve and provide grants and review the progress of the project. 8.2 A nominated Officer of DHI for the project will represent DHI in the Board/ Governing Council/ Project Co-ordination Mechanism of PIO. 8.3 No financial decisions will be taken in the Board / Governing Council/such without the presence of the DHI nominee or without the approval ofDHI. mechanism · ' 8.4 DHI would release the funds to the PIO i.e. TAGMA Centre of Excellence and Training (TCET), in the designated Project Account for execution of the project depending upon the financial, technical and physical progress of the project and recommendations of the nodal officer. 8.5 DHI will monitor utilization of Grants by PIO so that the funds released are utilized by PIO only for the purpose of the project component for which it is released. 8.6 DHI would be free to use the IPR/ equipment/ facilities; software procuredl developed for any scientific work or technology development/ demonstration purpose on their own or can request the PIO for use of this infrastructure by any other organization) agency or manufacturer for scientific technology development/ demonstration! public purpose. 8.7 DHI will provide necessary certificates/ documents for facilitating approvals from Central Government under section 35 of IT act towards expenditure incurred on scientific research, wherever applicable. 8.8 Joint Secretary (BE& MT), DBI shall be the contact person for all matters concerning the project. 9. MONITORING PROGRESS 9.1 The PIO will furnish the progress (Technical and Financial) of the project in reference to milestones for each quarter within a month after completion of the quarter in compliance with paragraph 16.2 of the Scheme Guidelines. For the purpose of furnishing quarterly reports, the 1st quarter starts in April of every financial year. The Quarterly Progress Reports (QPR) are to be furnished in the prescribed formats for reporting technical and financial progress. 9.2 Joint Secretary (HE&MT) ofDHI (or his authorizedrepresentative(s)) will monitor the progress of the project with reference to the milestones specified in the project schedule. If necessary a team could undertake physical verification. DHI reserves the right to outsource full/ part work of physical verification. 9.3 Progress reporting may be done online, if such a system is made available by DB!. 9.4 Grants linked to milestones will be released after physical verification of the reported progress and request of grant release. 9.5 Annual Reports of the Project will also be submitted along with financial year end Utilization Certificates. 9.6 Other steps for progress monitoring shall be as per the Notified CG Scheme Guidelines on November 5, 2014 and lor orders of Screening Committee. 10. PROJECT REVIEW BY DHI NODAL OFFICER 10.1 In case monitoring points to deviations, the progress of the projects will be reviewed by the DHI Nodal Officer(s) along with beneficiary units in reference to .set Project Schedule/ milestones and output. 10.2 Overall performance of the scheme will also be reviewed at least once in a year. 10.3 DBI Nodal officer will submit his report to the Screening Committee for its progress review from time to time. 10.4 Other mechanism for monitoring shall be as per the Notified CG Scheme Guidelines to be read with orders of Apex Committee issued in this regard from time to time. 11. PROJECT REVIEW BY APEX COMMITTEE OF THE CG SCHEME (AC- CG) 11.1 The Screening Committee will consider the report of the Nodal Officer and the quarterly progress Report furnished by the PIO and send its comments/ recommendations along with the copy of the Quarterly Reports to the Apex Committee. 11.2 it. The Apex Committee will review the progress of the project which has been approved by 11.3 If necessary PIO and beneficiary units may be invited during progress review at AC-CG. 11.4 The AC-CG may send its own teams for physical verification, particularly in cases where the progress has not been as per milestones set. 11.5 The monitoring may bring out need for changes in approval of the project, which may be considered by the Apex Committee on their merits. 12. PROJECT REORIENTATION The scope and the work! activities of the project can be re-orientated without deviating from broad objective and scope of the approved project, based on the recommendations of nodal officer, Screening Committee and approval of AC-CG 13. FUND UTILIZATION CERTIFICATE (UC) AND PROJECT ACCOUNTS 13.1 Before the release of subsequent grant, PIO shall submit the Fund Utilization Certificate (UC) in the specified format (Form GFR 19A) along with progress report and a certified copy of project account statement duly remarked / reconciled. '. 13.2 All Utilization Certificates indicating the financial statements shall be audited and certified by "Accounts Officer" of the PIO or by authorized "Auditors" or "Head of Accounts". 13.3 The UC in respect of utilization of grants for the purposel object for which it was sanctioned should be furnished by the PIO with an audited statement of accounts, within stipulated period of the closure of the financial year. The utilization certificate should also disclose whether the specified, quantified and qualitative targets that should have been reached against the amount utilized, were in fact reached, and if not the reasons thereof. They should contain an output based performance assessment. An UC of the released I utilized amount will be submitted without fail before the end of the next financial year or before release of the next instalment of grant, whichever is earlier. It will contain a certificate that previous UCs (wherever applicable) have been submitted to the satisfaction of the Department of Heavy Industry. 13.4 An interim UC shall be submitted, while making request for release of fund. 13.5 The project accounts will be maintained as per the GOI GFR and best practices. Name/s of authorized signatories will be informed to DHI. l3.6 The Accounts duly audited by extemal auditors shall be forwarded to DHI at the end of each financial year. 13.7 Unspent balancesl bank interest I other earning will be taken into account in the Project. Any interestl investment returns received on account of DHI funds will be counted as DHI grant within the overall sanction. UC will contain statement of such income. The interest earned shall either be adjusted in the next release or shall be refunded to the Department of Heavy Industry after grants in aid sanctioned is utilized. 13.8 Grants I bank interest spent on purposes other than sanction will attract heavy penalties and other punishments as per the provisions of law of the land. 13.9 Utilization of Fund and maintenance of Accounts should be done in accordance with relevant provisions of GFR and will be subject to Government auditsl CAG audits. 14 PROJECT COMPLETION & TECHNICAL REPORT 14.1 A proj ect will be deemed to be completed when all outcomes have been achieved. 14.2 The project completion (commercialization of technologies developedl facilities created) will have to be assessed in consultation with beneficiary units. acquired or 14.3 The PIO will report the project closure to the Joint Secretary (HE&MT), DH!. The Report will be submitted to the Screening Committee constituted under the Scheme. 14.3 The PIO along with industrial partner(s) from CG sector shall make a presentation to the Screening Committee on project completion. 14.4 DHI nodal officer and/or an Expert Committee appointed by the Screening Committee will physically verify project completion and give their repOli to the AC-CG. 14.5 The AC-CG will finally approve the request of project completion on merits. 14.6 The PIO shall submit a Project Completion Report (Technical cum Financial) along with a soft copy in CD (preferably in MS word format) to the nodal officer in DHI within one month of the completion of the project irrespective of holding of AC-CG. The PIO shall also furnish the feedback, suggestions and project evaluation along with the project completion report. Such completion reports will be used for CG-Scheme evaluation and drafting Roll-out Phase of the CG-Scheme. 14.7 Based on approval by AC-CG, DHI will issue project closure certificate and also settle any remaining grants/ financial dues. 14.8 Project time overruns will have to be justified to AC-CG/ DHI. 14.9 Project cost overruns are not entertained by DHI. However, DHI-AC-CG will have to be in loop including early warnings. Further action will be taken as per Government Orders. 14.10 Project failures (part or full) will have to be justified to DHI AC-CG. Further action will be taken as per Government orders. 14.11 All decision of AC-CG will be binding on the PIO. 15. PATENT AND TECHNOLOGY TRANSFER MECHANISM 15.1 The parties recognise the intellectual property rights in all respect for each other. 15.2 Technology transfer fees and royalty, if any, shall be decided by mutual consent ofDHI and the PIO after achieving key milestones. 16. CONFIDENTIALITY 16.1 The PIO will maintain strict confidentiality and prevent disclosure thereof of all information and data exchanged/ generated pertaining to work assigned under this approval letter at all time except with prior consent of DHI. 16.2 This is subject to RTI and other laws of the land. 17. STATUTORY REQUIREMENTS 17.1 All aspects of this SPY will be carried out by the PIO in accordance with statutory provisions like Workmen's Compensation Act, Labour (Regulation and Abolition) Act, Contract Labour (Regulation and Abolition) Act, employees Provident Act or any other related enactment passed by the Parliament or State Legislature and any rules/ laws made thereunder by the either Central or respective State Governments. ~3} 17.2 Since the project is sanctioned to the PIO, it shall not be transferred to any other Institution. Transfer of project money within the Institution or with other Institutions under the same Management is not permitted under any circumstances. 17.3 If the force majeure conditions continue beyond six months, DBI and the PIO shall then mutually decide about the future course of action. 18. FORCE MAJEURE None of the participating agencies/ bodies shall be held responsible for non- fulfilment of their respective obligations under this approval letter due to the exigency of one or more of the force majeure events, such as but not limited to, acts of God, war, natural calamities such as flood, earthquakes etc. and strike, lockout, epidemics, riots, civil commotion etc. provided on the occurrence of cessation of any such events, the party affected thereby shall give a notice in writing to the other party within one month of such occurrence or cessation. 19. VALIDITY OF APPROVAL The approval letter comes into force on the date of issue and is valid for a period of 5 (Five) years from the date of issue or till the date of issue of Project Closure Certificate by DHI whichever is earlier. 20. AMENDMENTS TO THE TERMS & CONDITIONS OF APPROVAL No amendment or modification of terms and conditions shall be valid unless the same is made in writing by DBI and the PIO or their authorized representatives and specifically stating the same to be an amendment of this approval letter. On part of DBI approval of the Apex Committee will be a pre- requisite for making any amendment to this approval letter. The modifications/ changes shall be effective from the date on which they are made/ executed, unless otherwise agreed to. 21. RESOLUTION OF DISPUTES In the event of any dispute between DHI and the PIO, in the first instance, the same should be resolved mutually. For this, Secretary, Heavy Industry will be empowered to nominate a common panel of arbitrator. 21.1 2l.2 In the event of non-resolution, the matter shall be referred to arbitration to be held in New Delhi as per the Indian Arbitration and Conciliation Act 1996. Costs shall be shared equally. 22. JURISDICTION 22.1 The instant Approval Letter issued by DHI and acceptance of the same by the PIO will constitute an Agreement. The courts at Delhi shall have jurisdiction in all matters concerning this Agreement including any matter arising out of the arbitration proceedings or any award made therein. 23. GOVERNING LAW Notwithstanding _anything contained in this Approval Letter, in case of any conflict between any of the provisions of this Approval Letter with provisions of DHI Notification on CG Scheme dated 5.11.20141 General Financial Rulesl and other relevant Government Instruction(s)1 Order(s), the latter will prevail. Right of interpretation of DHI Notification on CG Scheme dated 05-11-20141 General Financial Rules/ Government Instruction(s)1 Order(s) for this purpose shall rest with the Secretary, Department of Heavy Industry. 24. Termination 24.1 Termination by DHI: DHI may terminate this arrangement upon 30 calendar days' notice in writing or after occurrence of any of the events specified in paragraphs below: (a) If the PIO does not remedy a failure in the performance of its obligations under the Agreement, within 30 days of being notified of such a failure, or within such further period as DHI may have subsequently approved in writing; (b) If the PIO becomes insolvent or bankrupt; or (c) If, as the result of Force Majeure event, the PIO is unable to perform a material portion of its obligations for a period of not less than 30 days. 24.2 Termination by PIO: PIO may terminate this arrangement upon 30 calendar days' notice in writing after occurrence of any of the events specified in paragraphs below: (a) If DHI fails to make any payment due to the PIO pursuant to this arrangement within 30 days after receiving written notice from the PIO that such payment is overdue; or (b) If, as the result of Force Majeure, DHI is unable to perform a material portion of its obligations for a period of not less than sixty days. The termination of this arrangement shall not prejudice or affect in anyway, the rights and benefits accrued or liabilities and duties assigned to the .Parties of this Approval letter. < • Appendix A (Paragraph 3.3) ONE PAGE SUMMARY OF THE "PROJECT" Common Engineering Facilities Centre (CEFC) at Chakan, Pune by TAGMA Centre of Excellence and Training (TCET), EXECUTIVE SUMMARY Project Title Common Engineering Facilities Centre (CEFC) at Chakan, Pune by TAGMA Centre of Excellence and Training (TCET). TARGET Tooling industry in and around Pune Project Duration 2015-2016 (One year) Project Outlay Rs. 51.92 crore ( including Rs.32.84 crore for machinery and equipment) Main Sponsor DHI (Dept. of Heavy Industry), Ministry of Heavy Industry, GOI Project execution TAGMA Centre of Excellence and Training (TCET). Project Stakeholders: Tool and Gauge Manufacturers Association (TAGMA) Objectives & Outcome of the Project: The objective of the project is to upgrade the existing Tooling Industry in and around Pune by setting up Common Engineering Facilities Centre (CEFC) for the Tools, Moulds and Dies Industry. Its main focus would be on those activities and services which are not available with the small and medium units like Tool Trial, validation, calibration set up, high end manufacturing facilities etc. It would also have Skill Development Centre for training. The Centre would run short term training courses with emphasis on practical training. Benefits Major benefits that the Tooling Industry in and around Pune would reap are State-of-the-art machineries, improve speed of delivery and quality, enhance standards of cluster units, improve production capacity and product diversification, reduce reliance on getting services from other countries, saving foreign exchange, reduction in tariffs and lead time, development of facilities not available in the region, training facilities, tool repair facilities etc. < ' Appendix B (Paragaraph 3.3) Proposed Implementation Schedule 1.2 Design of Infrastructure Facilities 1.3 Design of CFC & Administrative Block 1.4 Estimate, Rate & BOQ 2 Construction 2.1 obilization 2.2 Site Clearance Grading & Set out 2.3 Roads & Stann Water Drainage 2.4 Water Supply, Sewarage & STP 2.5 CFC & Administrative Block Electrical Works IS/ /21 Appendix C (Paragraph 5.2) List of Machinery to be installed in TeET along with indicative cost 1) List of Equipment For Design Cell Sl. Equipment Quantity CAD/ CAM Workstation with Software Mouldflow Analysis Total 4 Unit Prices (Rs. In Lakh) 6.50 Amount (Rs. In Lakh) 26.00 1 10.00 10.00 No. 1 2 2) List of Equipment For Tool Room Sl. No. 1. 2. ") J. 4. 5. 6. 7. 8. 9. 10. 1l. 12. 13. 14. 15. 16. 3) 36.00 Equipment Lathe Milling with DRO Surface Grinder Cylindrical Grinder CNC Lathe Optical Profile Grinder Radial Drilling Machine VMC/CNC Milling Robo Drill! EDM Hole Drill CNCEDM CNC Wire-cut Work Benches with Vice Die/ Mould Polishing Kit Bench Drill Pedestal Grinder Hydraulic Press Total Quantity 4.00 2.00 2.00 1.00 2.00 l.00 1.00 2.00 l.00 Unit Prices (Rs. In Lakh) 5.00 14.00 12.00 10.00 15.00 40.00 12.00 70.00 15.00 Amount (Rs. In Lakh) 20.00 28.00 24.00 10.00 30.00 40.00 12.00 140.00 15.00 l.00 2.00 4.00 1.00 4.00 4.00 1.00 20.00 32.30 0.30 3.00 0.25 0.25 12.00 20.00 64.00 l.20 3.00 1.00 l.00 12.00 421.20 List of Equipment of Heat Treatment Unit Sl. No. 1. 2. Equipment Metallurgical Microscope Sample/ Test Piece Grinder/ Polisher Quantity 1.00 l.00 Unit Prices (Rs. In Lakh) 25.00 l.00 Amount (Rs. In Lakh) 25.00 l.00 -, .J. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 4) Belt Grinder/Polisher Mounting Press Nitridingl Nitro-Carburising Furnaces Washing Machine Vacuum Hardening & Tempering Furnace Shot Blasting Twin Table Type Furnace- Hardening Furnace-Air Circulating Tempering Quenching Tanks Over Head Crance-lOT Spark Spectrum Micro Hardness tester Rockwell Hardness Tester Sample Cut-off Machine Total 2.00 1.00 l.00 1.00 S.OO 12.00 2.00 S.OO 12.00 4.00 l.00 2.00 250.00 8.00 250.00 2.00 10.00 20.00 l.00 l.00 12.00 5.00 12.00 5.00 2.00 l.00 1.00 1.00 1.00 1.00 2.50 15.00 20.00 8.00 l.00 1.50 5.00 15.00 20.00 8.00 1.00 1.50 390.50 List of Equipment for Tool Try Out and Validation Sf. No. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Equipment Injection Moulding -63T Injection Moulding-lOOT Injection Moulding-150T Injection Moulding- 250T Injection Moulding-500T Injection Moulding-650T Injection Moulding-850T Inj ection Moulding-1600T Mechanical Power Press64T Mechanical Power PresslOOT Mechanical Power Press200T Press-250- T Hydraulic (Draw & Form) Press-lOOT Mechanical (High Speed) Die Casting Machine-Cold Chamber-250T Die Casting Machine-Cold Quantity 1.00 1.00 1.00 1.00 1.00 1.00 l.00 1.00 1.00 Unit Prices (Rs. In Lakh) 20.00 25.00 30.00 55.00 90.00 125.00 150.00 500.00 25.00 Amount (Rs. In Lakh) 20.00 25.00 30.00 55.00 90.00 125.00 150.00 500.00 25.00 1.00 30.00 30.00 1.00 65.00 65.00 1.00 50.00 50.00 1.00 75.00 75.00 1.00 150.00 150.00 1.00 300.00 300.00 Chamber-SOOT Electric Melting FurnaceSOOKgs Coi1er & Decoi1er Straightner Eo T Cranes -lOT Crane -250 T Chiller Units - 30 TR Compressor -90 CFM Pallet trolleys -5T Grinders for plastic material Mould Dehumidifier HRS Controller HRS MTC Total 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) l.00 10.00 10.00 4.00 4.00 2.00 1.00 l.00 l.00 4.00 2.00 0.65 0.50 12.00 30.00 10.00 4.00 0.50 5.00 2.60 2.00 24.00 30.00 10.00 4.00 2.00 10.00 8.00 l.00 1.00 2.00 40.00 3.00 8.00 8.00 1,843.60 '. 5.00 3.00 8.00 4.00 5) List of Equipment for Quality Analysis, Testing and Calibration Unit S.No. 1. Equipment Surface! Marking Table (Granite! CI) 2. Digital Height Masters Profile Projector (SOX Lens) J. 4. 3D CMM Contura G2 5. Digi tal Verneir Calli per (0- 300) 6. Micrometers (Inside! Outside) 7. Pin Gauge set 8. Slip Gauge Set (Upto 100 MM) 9. Depth Micrometer (0- 150 ) 10. Dial Test Indicators (Lever! Plunger Type) 11. Bore Dial Gauge ( 6 - 150 ) Total '1 Quantity Unit Prices (Rs. In Lakb) 1.20 Amount (Rs. In Lakb) 4.80 8.00 15.00 100.0 0.05 8.00 15.00 100.00 0.60 12.00 0.10 l.20 1.00 2.00 0.50 0.75 0.50 l.50 2.00 10.00 0.75 0.05 l.50 0.50 2.00 0.75 1.50 135.10 4.00 1.00 1.00 1.00 .. 12.00 6) A. List of Equipment for Skill Development Centre Equipment S.No. 1. CAD/CAM Software (Educational) 2. CNC SimulatorsLathe/ Milling Kit .J. Class-room Equipment 4. Seminar/ Conference 100Capacity 5. Work Benches 6. Drilling Machine 7. Lathe 8. Milling 9. Surface Grinder 10. Pedestal Grinder II. LCD Projectors 12. White Magnetic Boards 13. Xerox/Copier/Scanner/Printer .. 14. Binder 15. CNC Lathe (training machines) 16. VMCI CNC Milling - 5 axis Information 17. Knowledge Centre Total ') 6) B. Quantity 12.00 Unit Prices (Rs. In Lakh) l.50 Amount (Rs. In Lam) 18.00 2.00 5.00 10.00 4.00 2.00 3.00 5.00 12.00 10.00 10.00 4.00 4.00 4.00 2.00 6.00 4.00 5.00 1.00 2.00 l.00 0.30 0.50 4.00 8.00 12.00 0.50 0.75 0.50 3.00 0.25 15.00 3.00 2.00 16.00 32.00 24.00 3.00 3.00 2.50 3.00 0.50 15.00 1.00 l.00 20.00 15.00 20.00 15.00 189.00 List of Support Equipment for Skill Development Centre S.No. l. 2. ') .J. 4. 5. 6. 7. 8. Equipment Quantity Tool storage cabinet -Godrej make, drawer type Tool trolley -Godrej make Plastic tool holders Wooden work bench - 6' X 3', Medium duty Steel Almirah - Godrej make, 6', high Plastic drums - For chip storage Anti - vibration mounts - For both machines Isolation transformers - As per machine current ratings 2.00 Amount (Rs. In Lakh) 0.35 1.00 50.00 l.00 0.37 2.00 2.00 2.00 0.30 0.05 0.40 2.00 0.60 0.35 0.20 9. Cuttings tools and inserts For CNC turning centre Cutting tools, inserts and holders - For CNC machining centre Hand tools set - Spanner etc Measuring tools - Vernier, Micrometer, Dial Guages etc. Lubricating oil Coolant oil Total -r- 10. 11. 12. 13. 14. Lot 5.00 Lot 7.00 Lot Lot 0.10 2.00 5 ltr. 50 ltr. 0.02 0.06 16.80 7) List of Support Equipment for the Centre S.No. 1. 2. 3. 4. s. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Equipment DG Set 100KvA Compressor Moveable Maintenance Trolley" Air-condi tions- 52TR Hand Tools Cooling Tower Water Treatment Plant (DM Water) Consumable & Spares Raw material Storage Rack Tool Cabinets/ Racks ERP Software with Workstation Pallets/ Trolleys Band-saw(Hydraulic) Furniture & Fixtures Computers/Laptops/Office Equipment Communication Xerox, Copier, Scanner Total Quantity 3.00 2.00 4.00 Unit Prices (Rs. In Lakh) 15.00 4.00 0.50 Amount (Rs. In Lakh) 45.00 8.00 2.00 1.00 4.00 1.00 2.00 50.00 0.50. 4.00 6.00 50.00 2.00 4.00 12.00 1.00 10.00 5.00 0.50 5.00 5.00 40.00 2.00 0.50 15.00 20.00 30.00 4.00 2.00 1.50 4.00 6.00 8.00 1.00 50.00 252:00 Appendix D (Paragraph 6.3) TRUST RECEIPT 1. In the matter of approval letter dated I III 2015 by Department of Heavy Industry (DHI), addressed to TAGMA Centre of Excellence and Training (TCET), regarding the Project for setting up of Common Engineering Facilities Centre (CEFC) at Chakan, Pune. 2. The Plant, Machinery and Equipment though purchased in the name of TAGMA Centre of Excellence and Training (TCET) with the funds provided by DBI, for the subject project, will be with TCET during the implementation of the proj ect and thereafter till they are useful for the purpose stated in the above Approval letter. 3. The Plant and Machinery and equipment will not be transferred or disposed of by TCET without the prior written approval of DB I, and would remain with them. 4. IN WITNESS THEREOF TAGMA Centre of Excellence and Training has executed these presents on DAY of November, 2015. Signed by SI.No. Ocw£ation Name & Address Signature - 1 For and on behalf of the TAGMA Centre of Excellence and Training in the presence of Witnesses: Sl.No. 1 2. Name Occupation & Address Signature