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Tender  Notice  No.  01 / 2017

Name of Work : Leasing of Parcel Cargo Express Train.

Cost of Tender form: Rs.11,800/- (including GST @18%)

 

(The aforesaid Cost of Tender Form is inclusive of admissible Goods and Services Tax)

Issued to:

Issued by:

The Principal Chief Commercial Manager,

South  Eastern Railway,

14-Strand Road(8th floor),

Kolkata – 700 001.

                                                                                                            

Tender form No.

SOUTH EASTERN RAILWAY

LEASING OF SPACE IN PARCEL CARGO EXPRESS TRAIN

(Tender Notice No. 01/2017 dated   01.11.2017)

            The Principal Chief Commercial Manager, South  Eastern Railway, 14, Strand Road (8th floor), Kolkata – 700001 for and on behalf of the President of India invites sealed tenders from registered lease holders, for leasing of Parcel Cargo Express Train of 470 tonnes (assuming 20 VPs 23 T each + 01 brake van of 02 compartments 5 T each) (355 tonnes for the first 6(six) months of contract (15 VPs 23 T each + 01 brake van of 02 compartments 5 T each)) capacity on round trip basis on payment of lump sum rates for loading and unloading of parcels by the following route for stipulated period.

SALIENT FEATURES OF THE SCHEME

1.    Parcel Cargo Express Train shall be leased out for a period of 6(six) years. There would be no escalation in first three years in lump sum leased freight. An annual escalation of lump sum leased freight at the rate of 10% per annum on the lump sum leased freight of the immediate preceding year shall be applicable from the fourth year onwards.

2.         Eligibility Criterion: 

Registered lease holders and others having average annual turnover of Rs 10 Crores during the last three financial years shall be eligible to participate in open tenders.

3.    Documents containing application form and terms and conditions can be obtained from the office of Chief Commercial Manager (Freight Marketing); 14,Strand Road (8th floor), Kolkata – 700 001 (upto17.00 hrs.) on any of the working days and upto 12.00hrs of  04 .12 .2017 on production of Cash receipt Rs. 11,800/- (including GST @18%) (not refundable) issued by Chief Cashier, South  Eastern Railway, Kolkata. Documents can also be downloaded from website.

4.    Lease holder shall be solely responsible for canvassing, acceptance, booking, handling documentation and delivery of the Parcels and Packages at the Originating, Intermediate and Destination stations.

5.    Offer valid for 90 days should be submitted in sealed cover duly superscripted on envelope “Offer for leasing of space in Parcel Cargo Express from SGTY to KYN & back for tender notice No. 01/2017.” so as to reach the office of Chief Commercial Manager (Freight Marketing);  14,Strand Road (8th floor), Kolkata – 700 001 before 13.30 hrs on 04.12.2017. The tender document, duly signed on each and every page including the terms and conditions of the tender schedule for leasing parcel space in Parcel Cargo Express Train should be submitted along with the offer.

6. In the event of downloading the tender document from the website www.ser. indianrailways.gov.inthe cost of the tender document has to be remitted through Demand Draft in favour of PFA / South  Eastern Railway/ Garden Reach/ Kolkata -43 payable at Kolkata along with tender form. The demand draft for the cost of tender document should have been drawn on or before   04.12.2017.

7.    Offer submitted should be on the printed letter head as given in Annexure ‘C’ (enclosed) duly signed with full postal address along with tender form.

8.    The rate quoted should be rounded off to next hundred rupees.

9. The applicant who is a registered leaseholder is required to submit a copy of   registration with the railway of originating / destination station. Registered lease holders and others should also submit Balance Sheet, P & L Accounts for preceding three years duly attested by Chartered Accountant, Certificate of incorporation and credentials etc., along with the application. Applicant should also mention his experience of taking SLR compartment, Asstt. Guard Cabin or VP in the passenger carrying trains on lease, if any.

10. Tender application should be accompanied by Demand Draft/Banker’s cheque amounting to Rs 10 lakhs only towards earnest money, issued by any nationalized / schedule bank drawn in favour of PFA/South  Eastern Railway, Kolkata-700043. Tenders received without earnest money in above forms will be rejected.

11. All the tenders will be opened in the Chief Commercial Manager (Freight Marketing)’s office; 14,Strand Road (8thfloor), Kolkata – 700 001 on same day i.e.   04.12.2017 at 14.00 hrs. Tenderers or their one authorized representative may remain present if they desire so, at the time of opening of Tenders.

12.   In case, the date of the opening of tenders happens to be declared holiday, tenders will be opened on the following working day.

13.   Permission for loading /unloading of Parcels may be given at a maximum of 4(four) intermediate stations between origin and destination subject to operational feasibility. The intermediate halt for loading/unloading should be at least 300 kms apart.

14.   The successful bidder shall start service within 60(sixty) days from the date of issue of the acceptance letter. If the successful bidder fails to start loading within the stipulated period due to any reason, the “Earnest Money” of such bidder shall be forfeited.

15.   In all cases where an existing contract is cancelled / terminated by Railway Administration as a punitive measure, the security deposit/ performance guarantee will be forfeited.

16.   The highest bidder will be determined on the basis of total value of earnings offered by the prospective leaseholder during the contract period.

17. The earnest money will be forfeited in case, a successful bidder fails to honour the offer made by him, and accepted by Railway as per the quotation submitted by him.

18. Details of “Other Terms and Conditions”, the manifest and the format for Tender letter are enclosed as Annexure. These are part and parcel of this document and must invariably be read by the applicants.

19. Termination of contract: If it is not feasible to continue the contract due to any reason, either the lease operator or Railway administration can terminate the contract by giving two months notice. In such cases, “Security deposit / Performance guarantee” will not be forfeited”.

20. The Railway Administration reserves the right to accept or to reject any tender. Authority for acceptance or otherwise of the tender will rest with Railway Administration which does not bind itself to accept any tender nor to assign any reasons for rejecting the same.

21.  Reserve Price of the Space in Parcel Express Train on Round Trip basis .

Sr. No.

Name of Train

From To   and back

Frequency

Period of Lease       in Years

Route

Reserve Price per round trip (in Rs.) for first 6(six) months of contract only

Earnest Money Deposit (in Rs.)

1

2

3

4

5

6

7

8

1

Parcel Cargo Express Train

SGTY-KYN-SGTY

2 trips in a month

6 years

SGTY-JSG-NGP-KYN

20,33,263/-

10,00,000/-



*2 % Development Charges and 5 % GST will be levied additionally over and above the quoted rate. The percentages are subject to revision as advised by Railway Board from time to time.

Tender should be submitted in the prescribed form only along with EMD.

The composition of a Parcel Cargo Express Train will be 15 VPs (VPHs/VPs/VPUs/VPHUXs etc.) + One Brake Van (2 compartments of 5 Tonnes each) for the first 6(six) months of contract. The aforesaid Reserve Price at Column 7 has been worked out on such minimum composition(15 Parcel Vans (23 tonnes each)+1 Brake Van (2 compartments of 5 Tonnes each) only.

After six months, the minimum composition of leased Parcel Cargo Express Train shall be 20 Parcel Vans + One Brake Van (2 compartments of 5 Tonnes each) and the lump sum leased freight shall be charged by enhancing the prevailing accepted rate of the contract during its currency on PRORATA BASIS.

However, in case an SLR coach whose permissible carrying capacity of both the compartments is 08 tonnes (4 tonnes + 4 tonnes) is attached in a Parcel Cargo Express Train on any occasion, the lump sum leased freight shall be therein calculated and charged on pro-rata basis.

22.   Nominated day’s Service: The service will be on nominated days as per round trip turn round giving proper spacing to service.

This round trip schedule / service shall form a part and parcel of the agreement. The final schedule decided by Railways shall be binding on both the parties.

Further details/information if any, may be obtained from the office of Chief Commercial Manager (FM),South Eastern Railway, 14,Strand Road (8th floor), Kolkata – 700 001.

Date

Time

Last date of issuing tender forms in Person

  04.12 .2017

12.00 hrs

Closing date and Time                                                                                         

 04.12.2017

13.30 hrs

Tender Opening date and time   

 04.12.2017

14.00 hrs

Note: - Railways will not be held responsible for any Discrepancies, Errors or Mistakes in Tender Form Document downloaded from website.

                                                               

         Chief Commercial Manager/FM

                                                                        For and on behalf of the President of India


Annexure ‘A’

INSTRUCTIONS TO TENDERERS

            Tender must be submitted in a sealed cover and should be deposited in the tender box kept in the office of Chief Commercial Manager (Freight Marketing);South Eastern Railway; 14,Strand Road (8th floor), Kolkata – 700 001 up to 13.30 hrs on or before  04.12.2017and will be opened at 14.00 hrs on  04.12.2017 in public immediately thereafter. Train name ‘Parcel Cargo Express SGTY-KYN-SGTY’should be clearly mentioned on the sealed cover. In case the day on which tender is to be opened is a holiday, the same will be opened at the same time on next working day.

            Tenders received after the date and time specified above shall not be accepted. The tenderer shall hold the offer open for a period of 90 days from the date fixed for the opening of the tender and will extend the same for further 90 days in case specifically asked upon to do so in writing.

The rates should be filled in figures as well as in words. In case, specific amount of the bid in figures and in words have not been mentioned by the tenderer while quoting amount, the tender may be rejected.

            No tender will be considered unless accompanied by a deposit of Rs.10,00,000/-(Rupees Ten Lakhs only) towards earnest money which shall be in the form of Banker Cheque or Bank Draft of any Nationalized or Scheduled Bank pledging the amount in favour of “PFA/South Eastern Railway,  Garden Reach, Kolkata-43” valid for a minimum period of three/six months.

            Tender not accompanied with the requisite and valid earnest money shall under no circumstances be entertained and shall be summarily rejected.

            In addition to earnest money, the tenderer will be required to submit proof of requisite self attested Certificate of Registration. In case of failure to submit the requisite self attested Certificate of Registration, tender may be rejected out-rightly.

            After finalization of tender, earnest money of all unsuccessful bidders would be refunded. The EMD of the successful tenderer will be refunded only after he submits the requisite Security Deposit as well as the requisite advance freight with the CS(P) and produces a money receipt of the same in Chief Commercial Manager(Freight Marketing) office. Earnest Money of the Successful bidder may be converted into security deposit if the bidder so desires.

            The successful tenderer will have to start work within the time stipulated (Annexure -B) by Railway Administration failing which the allotment will be cancelled with forfeiture of earnest money deposit. In the event of successful tenderer refusing to accept the offer of Railway Administration, the earnest money deposited by him will be forfeited. In case of three such failures, the Registration of leaseholder will be liable to be cancelled with forfeiture of Registration amount as well as the party will be black-listed/debarred from participating in any future tender.

            The cost of stamp duty for execution of the agreement shall be borne by the contractor as per rates fixed by the state Government.

            The Chief Commercial Manager, South Eastern Railway, Kolkata – 700 001, reserves the right to reject/accept any/all the tenders without assigning any reasons.

Tender form is not transferable.

The highest bid will be determined on the basis of total value of earnings offered by the prospective leaseholder during the contract period for Trip / Trips as the case may be.

Calculation of Highest Bidder = (Highest Bid Offered) X Trip / Trips (as per the services proposed by the customer).

The trip/trips services proposed by the customer are subject to the maximum no. of trips mentioned in the ‘Frequency’ column(No.4) of the table annexed vide item no.21(Reserve Price of the Space in Parcel Express Trains on Round Trip basis) under the head “SALIENT FEATURES OF THE SCHEME”.

TENDERER SHOULD SUBMIT NEFT DETAILS along with one foil of cancelled cheque of the bank to enable Railways to refund EMD.

NEFT Details:-

1

Name and Address of Party

2

Bank's name and Address

3

Type of Account

4

Account Number

5

MICR Code

6

IFSC Code

Enclosure

Crossed cancelled cheque foil

Annexure B

DECLARATION BY THE TENDERER

TENDER FOR THE CONTRACT OF LEASING OUT OF PARCEL CARGO EXPRESS TRAIN ON ROUND TRIP BASIS  OF 470 (355 TONNES FOR THE FIRST SIX MONTHS OF CONTRACT) TONNES RUNNING BETWEEN SGTY - KYN- SGTY TO CARRY PARCEL PACKAGES.

To,

The President of India,

Acting through Principal Chief Commercial Manager,

South Eastern Railway,

14,Strand Road (8th floor), Kolkata – 700 001.      

I / We _____________________________________________________ have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions. We also agree to the terms and conditions, which are likely to be received from the Railway Board in due course. I/We also agree to keep the tender open for the acceptance for a period of 90 [Ninety days] days from the date fixed for opening the same and extend the validity for another 90 (Ninety) days in case specially asked upon to do so in writing and in default thereof I/We will be liable for forfeiture of my/our “EARNEST MONEY”.  I/We also hereby agree to abide by the General and Special Conditions of Contract.

·A sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as Earnest Money is  hereby forwarded. The full value of the Earnest Money shall stand forfeited without prejudice to any other rights or remedies if :

(a)I/We do not execute the contract documents within 15 (fifteen) days after receipt of notice issued by the Railway that such documents are ready.

                               

OR

(b)I/We do not commence the work within 60(sixty) days after issuance of acceptance letter to that effect.

·Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us on the terms and conditions of this tender document subject to the modifications as may be mutually agreed between us and indicated in the letter of acceptance of my / our offer for this work.

Date of Issue: ___________________.         

                             

   Name & Address of Tenderer:                

                                         Office Seal

ANNEXURE ‘C’

SOUTH EASTERN RAILWAY

TENDER FORM

(To be submitted on the printed letter head of the party)

To

The President of India

Through Principal Chief Commercial Manager

South Eastern Railway

14,Strand Road (8thfloor), Kolkata – 700 001.

Dear Sir,

Ref: Tender Notice No. 01 / 2017.

            With reference to the above, Tender Notice issued by Chief Commercial Manager, South Eastern Railway, Kolkata – 700 001 calling Tender for leasing out Parcel Cargo Express Train between SGTY-KYN-SGTY for a period of six years(annual escalation at the rate of 10% per annum on lump sum leased freight of the immediate preceding year applicable from the fourth year onwards).

  I/We hereby offer the following information and rate. :-

1

Name of the Party / Firm

2

Address of the party/firm with telephone No. and E-mail

3

GSTIN of the party/firm (If any)

4

No. of Trips per month

5

SGTY to KYN round trip direction with standard composition of 15 Parcel Vans (VPH/VPs/VPUs/VPHUXs etc.) (23 tonnes each) + 1 Brake Van (2 compartments of 5 tonnes each) total 355 tonnes. Reserve Price (RP) = Rs. 20,33,263/- 

Per trip lump sum rate.

In Figures

In words

2 % Development Charges and 5% GST will be levied additionally over and above the quoted rate. These percentages are subject to revision as advised by Railway Board from time to time.

6

Details of earnest money deposit.

Amount

DD No. etc

Date

Drawn on (Bank)


7

Intermediate stations for loading / unloading (May be considered by Railways, subject to operational feasibility)

In UP Direction :

 

In DN Direction:

8

Present Business profile, Balance Sheet, Profit & loss account, Certificates of Incorporation.

8.1

Past experience in the Cargo / Transport Field with Railway / outside Railway.

(Add. Pages if required)

With Railway : (AGC / SLR / VP)

Outside Railway :

9

Credentials

9.1

Annual Turnover in last three years (Audited figures)

1) 2014-15    :

2) 2015-16   :

3) 2016-17   :

9.2

Registration No. & Date with Railway.

9.3

No. of staff engaged by the firm.

9.4

Machinery & tools. Details of handling equipments - Manual / mechanized.

10

Documents enclosed

I / we have read carefully and understood the terms and conditions of leasing of Parcel Cargo Express Train from the tender documents and will strictly abide by these conditions.

I / We understand that any other information given by the undersigned other than that in the mandatory field will lead to non-consideration of my bid and therefore, my offer will not be considered by the Railway administration for finalization of tender.

I/We understand that though the minimum composition of PCET for the first 6(six) months shall be 15 Parcel Vans of 23 tonnes each + 1 Brake Van (2 compartments of 5 tonnes CC each),after 6(six) months the minimum composition of leased PCET will be increased to 20 Parcel Vans of 23 tonnes each  + 1 Brake Van (2 compartments of 5 tonnes CC each) and the lump sum leased freight shall thereafter be charged by enhancing the prevailing accepted rate of the contract during its currency on PRORATA BASIS.

                I/we understand that in case an SLR coach whose permissible carrying capacity of both the compartments is 08 tonnes(4 tonnes + 4 tonnes) is attached in the PCET on any occasion, the lump sum leased freight shall  therein be calculated and charged on pro rata basis.    

I / We understand that the highest bidder will be determined on the basis of total value of earnings offered by the prospective highest bidder during the contract period for Trip / Trips as the case may be.

                Calculation of Highest Bidder : (Highest Bid Offered) X (Trip/Trips as per the services proposed by the customer)

                The trip/trips services proposed by the customer are subject to the maximum no. of trips mentioned in the ‘Frequency’ column(No.4) of the table annexed vide item no.21(Reserve Price of the Space in Parcel Express Trains on Round Trip basis) under the head “SALIENT FEATURES OF THE SCHEME”.

             I / we declare solemnly that the information given above about the firm/company is true and correct to the best of my knowledge.

Seal    

Date.                                                                                               Signature of applicant.

Annexure –D

OTHER TERMS AND CONDITIONS

1.         Budgetary increase: - Budgetary or any other increase shall not be applicable during the contractual period.

2.         Pre-payment of lump sum leased freight :- Pre-payment of lumpsum leased freight is compulsory for each trip separately at each end for entire parcel cargo express trains of minimum 15(for first six months of contract)/20 leased parcel vans (VPHs/VPUs/VPs/VPHUXs etc.) 23 tonnes each + 1 Brake Van (Two compartment of SLRD having capacity of 5 tonnes each) in each sector irrespective of partial / non-utilization for the quoted number of trips in a month. Lump sum leased freight shall be collected on the day of loading which will be calculated proportionately as per actual permissible carrying capacity of the Parcel Vans (VPHs/VPs/VPUs/VPHUXs etc.) supplied for loading. However, in case an SLR coach whose permissible carrying capacity of both the compartments is 08 tonnes(4 tonnes + 4 tonnes) is attached to a Parcel Cargo Express Train on any occasion, the lump sum leased freight shall be therein calculated and charged on pro-rata basis.

2.1       In normal circumstances the monthly commitment of accepted trips will have to be adhered to by the leaseholder. Any short fall arising in a month due to rescheduling permitted by CCM(FM) subject to deposit of advance lump sum leased freight by the leaseholder, the same will have to be made good in the next subsequent month over and above the accepted monthly commitment. This facility shall be provided for a maximum of one trip in a month.

2.2       Lease holder will have to pay development charge on agreed freight @ 2% to fund Dedicated freight Corridor (DFC).

2.3       GST will be charged @ 5% on the total freight.

3.         Recovery of Railway’s dues

3.1       Railway Administration reserves the right to recover/ deduct Railway’s dues from leaseholders ‘Security Deposit’ on the following grounds:-

(i)Any amount imposed by Railway Administration such as freight, fine, wharfage, demurrage, and punitive charges on over loading, re-weightment charges, detention charges, unloading/loading charges etc.

(ii)        Recovery of costs on account of loss caused to Railway property due to any 

            direct or indirect action of the Leaseholder.

(iii)Any amount, which Railway becomes liable to Government, third party on behalf of any default on the part of leaseholder or his representative or his labourers. 

(iv)Any payment/fine made under the order or law enforcing agency or once the amount under this clause is debited, the leaseholder shall reimburse the same by depositing to the extent the amount debited within 15 days period failing which it will be treated as breach of agreement.

4. Restriction on subletting or transfer the lease space to other party.

4.1Leaseholder agrees not to transfer or sub-let the contract to any other party, failing which the contract is liable to be terminated without any notice to the leaseholder and security money shall be forfeited in such eventuality. In addition to above, registration will be cancelled.

4.2If there are more than one leasing contracts in operation by the leaseholder (defaulter) on the Zonal Railway, the Railway Administration will have the right to terminate all the lease contracts which are in operation.

4.3Railway Administration will be sub-contracting carriers only and not the principal carrier. Railways’ responsibility will be limited to safe carriage of Parcel Vans from originating station to its destination station.

5Duration of contract: Parcel Cargo Express trains shall be leased out for a period of 6 (six) years. There would be no escalation in first three years in lump sum leased freight. An annual escalation of lump sum leased freight at the rate of 10% per annum on the lump sum leased freight of the immediate preceding year shall be applicable from the fourth year onwards.

6Earnest money for Parcel Cargo Express Train :- Each participant while submitting the tender shall be required to deposit Rs. Ten Lakhs as EMD in the form of Demand draft / banker cheque. Earnest Money of successful bidder may be adjusted against the freight payable by the lease operator. Earnest Money of un-successful bidders shall be refunded. No interest would be paid for the earnest money deposited with the Railways.

7The Earnest Money will be forfeited in case, a successful bidder fails to honour the offer made by him, and if accepted by Railway as per the tender submitted by him.

8Security Deposit for Parcel Cargo Express Train:-

      The successful bidder shall be required to submit Security Deposit within 30(thirty) days from issuance of ‘Letter of Acceptance’ in the form of FDR or Demand Draft(endorsed in favour of PFA/South Eastern Railway, Kolkata-700043) equivalent to 10% of annual contract value calculated on basis of accepted Lump sum leased freight/accepted rate at which train is leased out for composition of 20 Parcel Vans + 1 Brake Van(2 SLRD compartments of 5 tonnes each), irrespective of number of parcel vans attached to the train.

8.1       Failure to operate contract: The successful bidder shall start service within 60(sixty) days from the date of issuance of the acceptance letter. If the successful bidder fails to start loading within the stipulated period due to any reason, the “Earnest Money” of such bidder shall be forfeited. If the lease operator fails to operate the contract during the contractual period due to any reason without giving prior notice, the “Security / Performance Guarantee” shall be forfeited.

9.         Nominated day’s service: The service may be run on nominated days as per round trip turn round giving proper spacing to service as finalized by Operating Branch in consultation with other zonal railways.

9.1      The Parcel Express Train will run on fixed path with scheduled time table as far   

            as possible.

9.2     Rescheduling of train: When loading is not possible on scheduled day,     CCM(FM) can reschedule the train for any other day with mutual consent of the leaseholder, subject to deposit of advance lump sum leased freight by the leaseholder. This facility shall be provided for a maximum of one trip in a month.

9.3.      If lease holder fails to load leased parcel space on any specific day without prior    permission of railway administration, the lump sum leased freight of that day shall            be forfeited.

10.       Free time for loading/unloading: Free time for loading and unloading of Parcel Vans (VPHs/VPs/VPUs/VPHUXs etc.) shall be allowed as per rules applicable for such rolling stock.

10.1     Free time for stacking and removal of parcels for Parcel Special Train:- One             day advance stacking and one day removal time will be given at both ends. However, the Zonal railways may extend the period of advance stacking/ removal

     time in view of local circumstances on case to case basis with the personal           approval of General Manager.

10.2     Wharfage / Demurrage charges:- Normalrules for detention of rolling stock and             delay in removal of parcels shall be applicable.

11.       Free space to leaseholder of Parcel Cargo Express Train :- Free space of 15’ x 15’ may be provided, till the period of operation of contract, at suitable location (wherever feasible) for development of office at originating and destination parcel terminals. Cost of construction shall be borne by the leaseholder. Electricity, water charges etc. shall also be recovered from operator as per rules. The leaseholder shall have no right on this space after expiry of contract.

12.       Free escort with Parcel Cargo Express train:- One representative of the leaseholder shall be allowed to travel free from train’s originating to terminating station by the same train for security purposes and handling of parcels at intermediate stations. Necessary authorization will be issued by Dy. CCM (FS) / CCM (FM). The representative of the leaseholder who is permitted to travel by the train can be changed at any en-route point during journey. However, only one escort shall be permitted at a time.

13.       Termination of contract: If it is not feasible to continue the contract due to any reason, either the lease operator or Railway administration can terminate the contract by giving two months notice. In such cases, ‘Security deposit/Performance guarantee’ will not be forfeited.

14.       Change of terminals: The Zonal railways may change the terminal within the same area in view of operational exigencies or party’s request in view of local circumstances provided reasons are justified.

15.       Loading/Unloading at originating and intermediate stations:

15.1     Permission for loading/unloading of parcels may be given at a maximum of 4(four) intermediate stations between origin and destination subject to operational feasibility .The intermediate halt for loading/unloading should be at least 300 kms apart.

15.2     To facilitate loading/unloading from intermediate station, the train shall be placed on nominated platform as far as possible so that the stacked parcels can be loaded without any difficulty.  

15.3     Leaseholder shall complete loading/unloading operation within the prescribed         stoppage of train at intermediate station. In case detention to a train beyond            prescribed time at that station takes place on account of loading/unloading by the        lease holder, demurrage charges shall be recovered for entire rake as per rules. However, detention of train shall not be allowed on regular basis.

16.       Procedure for preparation of manifest by lease holder:

16.1     No Railway Receipt will be issued by Railway for consignments being      transported by the leased Parcel Express train. Only Money Receipt will be issued to lease holders for the amount of lump sum leased freight deposited for entire Parcel Express train from originating to terminating station as per the format at Annexure-F.

16.2      Leaseholder shall be liable to produce clear photo copy of the ‘Money Receipt’     as documentary proof during transit in regard to leasing of Parcel Cargo Express        train and payment of lump sum leased freight of that particular day.

16.3     Leaseholder shall be required to prepare ‘Manifest’ for each VP as per the prescribed format (Annexure-E). All the copies of ‘Manifest’ will be signed by leaseholder or his authorized representative. The ‘Manifest’ will be countersigned and stamped by the parcel staff of originating station. Each ‘Manifest’ will be prepared in five copies to be used as follows:

(i)         1st copy to be retained by the lease holder as his ‘record’.

(ii)        2nd copy to be retained by parcel office of originating station.

(iii)       3rd copy will be kept in the leased VP/SLR near the door, preferably in a transparent polythene folder/bag.

(iv)       4th copy to be retained by parcel office of unloading/destination station

(v)5th copy to be returned back to the lease holder signed and stamped by the parcel staff of the unloading station. This will serve as an authority to remove consignments at destination station.

16.4The leaseholder shall be required to prepare detailed “Manifest” for consignments being transported by him. Leaseholder shall be required to declare the content of each package / consignment in the Manifest and put up the label (Paste-on-label or through ink) describing the content in each packages / consignment to be transported by him in leased parcel van. The lease holder must ensure that before loading the consignments description has been mentioned on each packages / consignment.

16.5Representative of the leaseholder shall be authorized to takeover and remove consignments from station premises on the basis of the 5th copy of ‘Manifest’ duly signed and stamped by the parcel staff of unloading station. This will be treated as an authority to take delivery and remove the consignments from railway station.

16.6The Leaseholder shall be prima-facie responsible for correctness of entries made in ‘Manifest’. It will be his responsibility to ensure that the total weight of consignments loaded in the Parcel Vans is not beyond the permissible carrying capacity of each vehicle.

17.       Overloading:

17.1 The lease operator shall load parcels in each vehicle upto the permissible carrying capacity of that Parcel vehicle as notified by Railway Administration. There would not be any penalty, in case of variation in number of packages loaded in vehicle vis –a –vis shown in the ‘Manifest’          so long as the overall weight of the parcels remain within a permissible carrying capacity of the parcel van. In case overloading is detected in any vehicle beyond the permissible carrying capacity, punitive charges will be recovered from the leaseholder as per the rules / rates in force.

17.2In case a Parcel Van is found to be overloaded by more than 1 tonne then the excess weight would be off loaded at the point of detection and lease holder will have to remove this part consignment on ‘as is where is basis’.          Railway will not be responsible for any damage, deterioration, or loss to the excess consignment due to off loading short of destination.

17.3  Railway reserves the right to conduct weighment of leased Parcel Cargo Express Train at any time, as deemed fit. In case leased consignments are detained by railway administration for weighment purpose, no wharfage would be charged.

18.       Liabilities of Railways towards claims compensation:

18.1 Loading will not be supervised by Railway Staff. After completion of loading all Parcel Vans/ Brake Vans will be padlocked by the lease holder. In addition to the padlocking, all Parcel Vans/ Brake Vans shall be sealed by the railway.

18.2 Railway Administration shall not be responsible for claim/compensation due to any reason for consignments loaded in the leased Parcel Cargo Express train. Railway shall only be responsible to carry Parcel Cargo Express train from lease originating to lease terminating station with Railway seal and lock intact and shall not be responsible for the contents loaded in Parcel Cargo Express Train.

18.3 Railway administration shall not be responsible for any loss, destruction, damage, deterioration, or non delivery of goods arising from the following causes:

(i)Act of God.

(ii)Act of war.

(iii)Act of public enemies.

(iv)Restraint or seizure under legal process.

(v)Orders or restrictions imposed by Central Government or State Governments or by any officer or authority subordinate authorized in this behalf.

(vi)Fire, explosion or any unforeseen risk.

(vii) Act or omission or negligence of the lease holder or consignor or consignee.

(viii)Natural deterioration or wastage in bulk, or weight due to inherent defect, quality or vice of the goods.

(ix)Latent defect.

18.4Lease holder shall carry parcels at his own risk and shall be responsible to consignor/ consignee for any loss, damage, destruction, deterioration and non-delivery of the parcels for any act of omission or commission on their part for parcels and it’s contents loaded in the leased Parcel Vans/Brake van of Parcel Cargo Express train.

18.5As space is leased out to the leaseholder, ‘Percentage Charges” shall not be realized. However, claims will be settled on merits under railway rules applicable to consignments booked at owner risk after verification of records but in no case it shall exceed Rs.50/- per Kg. of the weight of such goods. The Railway may call upon the lease holder to prove the deficiencies by documentary evidence and such other documents as may be deemed necessary before admitting any claim.

19.       Theft:

19.1     If any one of the leaseholder’s padlock or Railway’s seals is in intact condition, Railway shall not be responsible for claim/compensation by any way unless there is a specific sign of theft e.g. cutting of side wall of the leased Parcel Vans/Brake van of Parcel Cargo Express train.

19.2    However, if railway seals as well as padlocks of any of the doors of the leased Parcel Van/Brake van are found tampered with, or in case of specific sign of theft e.g. cutting of side wall of the Parcel Van/Brake van where it is apparent that theft has taken place, First Information Report (FIR) will be lodged with GRP and a copy of the same will be given to the lease holder. The FIR can be lodged either at the destination or at any intermediate stopping station where the incident of theft is detected.

19.3In such cases, parcels will be unloaded at destination station in presence of CPS, RPF and lease holder or his representative. Parcels will be compared with ‘Manifest’ i.e. copy of ‘Manifest’ accompanying the VP/SLR or available with the representative of leaseholder accompanying the train. A certificate of discrepancies    found will be prepared in triplicate and signed by CPS, RPF and lease holder or his representative. A copy of the same would be handed over to the lease holder or his representative.

19.4Balance consignment available in the VP will not be deposited with the RPF or           GRP. Lease holder should be free to take delivery of the remaining portion of his   consignments.

20.       Restriction on loading of certain commodities:

20.1 Lease holder shall load only such commodities which are permissible to be booked as ‘Parcel’, under prescribed Railway Rules. Commodities listed in Red Tariff, offensive, contraband, dangerous, explosive and any other commodities which are prohibited to be carried by Railways or banned from time to time by other departments of Central/State Government shall in no case be allowed to be loaded in any part of Parcel Cargo Express train.

20.2 In case of false declaration of any commodity, the lease holder and owner of the goods   shall be punishable under section 163 of Indian Railways Act 1989.

20.3If such articles are found to have been loaded in leased SLR/VP, in contravention of the above Para, a fine of Rs. 5 Lakhs shall be imposed on the lease holder. In addition to above, the zonal railway may terminate the contract depending on the seriousness of the offence/violation of rules. In case of serious violation, lease holder will also be liable for prosecution as provided under Indian Railways Act, 1989.

20.4Lease holder shall also be liable for any loss, injury or damage which may be caused by reason of bringing such offensive goods on the train as per provisions of Indian Railways Act 1989.

20.5Any damage caused to the Parcel Vans/Brake Vans or to the platform or any other Railway property while handling parcels by the leaseholder or their agent at booking or destination station, will be made good by the lease holder. The assessment of damage made by the Railway will be final.

21.   Other terms and conditions of the scheme.

21.1 Lease holder shall be solely responsible for canvassing, acceptance, booking, handling, loading, unloading, documentation and delivery of the parcels both at originating and destination stations.

21.2The Railway administration shall reserve the right to open padlock and seals of any Parcel Van/Brake Van of Parcel Cargo Express train to trans-ship parcels in unavoidable circumstances like accidents, strike, hot axle etc.

21.3The Railway and other concerned departments shall reserve the right to check the contents of the packages loaded in any vehicle of the Parcel Express train at any time to see that no dangerous, explosive, offensive, contraband or any other banned articles are loaded.

21.4The leaseholder shall be liable to mention complete address of consignor and consignee in the Manifest. In case consignments are meant for sale, Goods and Services Tax Registration Number/TIN must be obtained from consignor. In case of consignments where consignor gives declaration that the consignment is ‘Not for sale’ or that ‘No  Goods and Services Tax is applicable’ on the commodity booked, then Goods and Services Tax Register Number is not required to be mentioned. However, leaseholder shall not be held responsible for authenticity of address and other details as given by consignor or consignee to him. For all these declarations, responsibility will rest with consignor/consignee.

21.5     No seizure by Tax authorities is permitted while parcels are in transit i.e.   

     seizures shall be confined to forwarding or destination stations only.

22.0     Liability of the leaseholder in case of any injury or loss or death due to          

             Loading/unloading/stacking/removal of parcels.

22.1     If the labourer or his representative or any other staff of leaseholder meets with any injury or loss or death due to any reason during the handling, loading, unloading process the Railways will not be liable for the same and the leaseholder will indemnify the Railway Administration for such acts.

 

23   Abiding labour laws (regulation and Abolition) Act

23.1     The labour employed by the Leaseholder for loading / unloading or any purpose 

       will be employees of the lease holder and they may in no way whatsoever claim to 

       be employees of the Railways. If Railway is liable to pay claim to the labour on any 

       ground the Leaseholder will indemnify the Railway Administration for the same.  

       Employees of leaseholder cannot claim any employment / absorption in the Railway.

23.2     Leaseholder will indemnify the Railway Administration for loss and damages suffered in the violation of any provision of the contract Labour (Regulation and Abolition) Act.

23.3     Labourers engaged by the leaseholder for the purpose of handling of parcels viz loading, unloading, stacking, removal of parcels from / to the leased vehicle shall be employees of the leaseholder. Railway Administration shall not at all be concerned with the employment or other service related issues of these labourers. However the Leaseholder will have to comply with all statutory provisions of the Labour Laws.

24.       This contract shall be governed by F M Circular No. 02 of 2007, 22 of 2012, 04 of 2016, 09 of 2016, 07 of 2017, 09 of 2017 and it’s subsequent amendments issued by Railway Board from time to time.

Annexure –E

Details of manifest to be submitted by lease holder

1.Name of leaseholder M/s:

2.Telephone/ Mobile No. :

3.Address :

4.Type of lease :

5.         Period of lease: From->                                     To->

6.         Parcel space leased out:

7.         Route:

8.         VP/SLR/SLRD No. :

9.         From (Originating station):

10.       To (Destinsation Station):

11.       Railway MR No.:

12.       Date of issue of MR:

13.       Lump sum leased freight:

14.       Date of Loading:

15.       Details of lease holder:

Name-

Address-

State-

State Code-

GSTIN No./TIN-

Email id-

Sr. No.

From

To

No. of

Packages

Description of consignment

Pvt. marking

Weight

Name and

complete address

of consignor

GSTIN No./TIN And state code of Consignor

Name  and  complete

address of Consignee

GSTN No. And state code of Consignee

Total Weight: ______________

(Contained/Description of commodity/goods has been mentioned on each package through paste-on-lable or through ink)                                               

                                                                                                   Signature of leaseholder     

                                                                                            or his authorized representative

                                                                                                     (with date and place)

To be countersigned by the Railway Staff of originating/loading station

                                   

                                                                                                                       




Source : South Eastern Railway CMS Team Last Reviewed on: 02-11-2017  


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