Commissioner JMC deliberately mum on of Rs 11 lacs monthly loss to JMC as no concession fee deposited by Brite Neon Pvt Ltd for displaying Advts at 50 Bus Que Shelters under BOT basis under J&K Outdoor Advt Policy 2010 since Nov 1st 2022 as per prevailing Agreement dated 28-10-2016

In a RTI reply, Dy Commissioner North vide letter No. JMC/DC(N)/RTI7465-66 dated 19-3-2024 replied that till date Brite Neon has paid Rs 3545099 when nearly Rs 2 crores by now should have been deposited in JMC exchequer & no serious efforts made to recover same till date
Revenue section of JMC having connivance with contractor nearly 2 crores amount though unofficially deposited few pockets but not deposited in JMC exchequer but concerned higher authorities are still mute over this
JMC higher authorities should tell Jammuites why no action was taken against Brite Neon Private Ltd for violating contract and causing loss worth crores to JMC exchequer and why no record sought from Revenue section of JMC and why no penalty imposed despite penalty clause existing in agreement@ 24% per annum on delayed payment
JMC itself had admitted that Rs 56 crores embezzled in JMC in last 10 years but so far no enquiry ordered, no one held responsible which proves mere public stunt on part of JMC which over the years only known for wrong doings
GY CORRESPONDENT
Jammu, apr 04
In the year October, 2016, JMC invited e-NIT for the installation and maintenance of 50 Bus Que Shelters on Build, operate and Transfer (BOT) basis in the different locations along the major public transport road sides to provide facilities to the public from sun light and rains and also to earn non-operating revenue as per the outdoor Hoardings advertisement policy of 2010 of Jammu Municipal Corporation. After the e-tendering contract for the installation, maintenance of 50 Bus Que Shelters in JMC jurisdiction of Jammu city was awarded to highest bidder that is Brite Neon Private Ltd having registered office 201-202 Kashi, Patna Bihar. The JMC after consultation with Traffic Department identified 50 sites for the erection of 50 Bus Que Shelters since the project was under Built Operate and Transfer (BOT) shall remain for the term of 25 years including 12 months incubation period for installation of these bus shelters. As per contract and agreement signed between Brite Neon Pvt Ltd and JMC Authority dated 28-10-2016, the successful bidder Brite Neon Private Ltd was allowed to collect revenue from displaying of commercial advertisements on these bus shelters for initial five years to cover his expenses for installation of bus shelters after five years he has to pay Rs 22000 monthly concession fee per one shelter every month from 1st Nov 2022 which becomes Rs 11 lacs monthly and the same to be deposited monthly in JMC exchequer. There shall be an incremental fee at compounded rate of 7% increment every year during the contract period. There shall be no contract fee for first five years. The contractor that is Brite Neon Private Ltd will have to remit quarterly concession fee before the commencement of quarter. Since this project was taken up by the JMC on Public-private partnership(PPP) Model to earn revenue without spending even single penny from the govt exchequer. In this way, the JMC is able to develop its properties as the ownership lies with the JMC. The legal ownership rights of the land used for Bus Que Shelters shall remain reserved with JMC.
As per the contract, the concession fee at the rate of Rs 22000 per shelter monthly has to be deposited by contractor w.e.f 1st Nov 2022 onwards on the sixth year of installation of Bus Que shelters but as per sources till date from Nov 1st onwards no concession fee of Rs 22000 monthly has been deposited by contractor in JMC exchequer which becomes nearly 2 crores loss on part of JMC exchequer. The revenue section of JMC having connivance with contractor this amount though unofficially deposited few pockets but not deposited in JMC exchequer but the concerned higher authorities are still mum over this.
It deserves mentioning here that, when an RTI application filed dated 19-2-2024, Dy Commissioner North vide letter No. JMC/DC(N)/RTI7465-66 dated 19-3-2024 replied that till date Brite Neon has paid Rs 3545099. Further the reconciliation amount due to be paid by M/S Brite Neon is under process as some of the shelters have been shifted and the cost of shifting of shelter is to be ascertained for further action in the matter. However asked information was denied as according to agreement, Brite Neon was supposed to deposit more than two crores by now and deliberately didn’t provide information what happened with remaining amount which only points out to huge funds embezzlement that too of tax payer’s money by revenue section in active connivance of other relevant stakeholders. This is surprising to note why such a huge concession is being given to Brite Neon and why the firm was not seriously tried to pay balance amount till date. Relevant sources have confirmed that this balance amount has been distributed among other stakeholders of JMC including Brite Neon.
Commissioner JMC should order high level enquiry to trace out where balance amount has gone why no serious efforts were made by concerned JMC officials to recover balance amount so that whosoever is guilty may be punished for embezzlement of funds worth crores so that image of JMC can be improved which is getting deteriorated with every passing day. In the larger interest of general public, the whole revenue collection on account of display of outdoor advertising at 50 Bus shelters constructed in different parts within jurisdiction of JMC should be displayed in public domain.
It is highly questionable on part of JMC, why no penalty was imposed on M/S Brite Neon for delayed payments when it was mentioned in agreement dated 28-10-2016 against e-NIT dated 31-8-2016 that in case Firm delays payment, the penalty @ 24% per annum will be imposed and also when Commissioner JMC was at liberty to terminate the contract without giving notice and the fee as well as penalty amount was to be recovered from security deposit but the same was not done and in a sense deliberately allowed serious loss in crores to JMC exchequer as the Brite Neon since agreement continuously using 50 Bus Shelters for displaying of advertisements.
It is surprising to note that as per press conference of then Mayor Rajinder Sharma dated 10-5-2023 had admitted that Rs 56 crores has been embezzled in JMC in last 10 years claiming that no official record/account of this revenue collected in the past some years has been found by the authorities. Then JMC Mayor, Rajinder Sharma admitted that there is no record/account of the revenue collected be way of the advertising hoardings. He admitted that “We don’t know where this huge revenue collected in the last some years has gone”. But surprisingly so far no enquiry conducted and no one held responsible for loss of Rs 56 crores in JMC as it has so far proved only public stunt as the loss of Rs 11 lacs per month for the last 17 months has not been taken care of by then Mayor on account of concession fee by Brite Neon Private Ltd which becomes worth nearly Rs 2 crores in due period. Commissioner JMC should tell Jammuites why no action was taken against Brite Neon Private Ltd for violating contract and causing loss worth crores to JMC exchequer and why no record sought from Revenue section of JMC and why no penalty was imposed as per the terms and conditions of contract on M/S Brite Neon.