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 Tender Notice No.  02 / 2016

Name of Work: Leasing of Parcel Cargo Express Train.

Cost of Tender form: Rs.11, 500/- (Rupees Eleven Thousand Five Hundred only)

(The aforesaid Cost of Tender Form is inclusive of admissible Service Tax)

Issued to:

Issued by:

The Chief Commercial Manager,

South  Eastern Railway,

14-Strand Road (8thfloor),

Kolkata – 700 001.

                                                                                                            

Tender form No.

Page No.1

SOUTH EASTERN RAILWAY

LEASING OF SPACE IN PARCEL CARGO EXPRESS TRAIN

(Tender Notice No. 02/2016 dated 08.09.2016)

            The 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 468 tonnes(353 tonnes for the first 6(six) months of contract) capacity on round trip/single trip basis on payment of lump sum rates for loading and unloading of parcels by the following train 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 14.10.2016 on production of Cash receipt Rs. 11,500/- (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 both at the Originating 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 ………….. & back for tender No. 02/2016.” so as to reach in the office of Chief Commercial Manager (Freight Marketing);  14,Strand Road (8th floor), Kolkata – 700 001 before 13.30 hrs on  14.10.2016. 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 offer.

6.    In the event of downloading the tender document from the website www.ser. indianrailways.gov.in the cost of the tender document has to be remitted through Demand Draft in favour of FA & CAO / 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 14.10.2016.

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.

Page No.2

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 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 F.A & C.A.O;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(8th floor), Kolkata – 700 001 on same day i.e.          14.10.2016 at 14.00 hrs. Tenderers or their one of authorized representatives 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.

Page No.3

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

Sr. No.

Name of Train

From To   and back

Frequency

Period of Lease       in Years

Route

Reserve Price per round/single 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 week

6 years

SGTY-JSG-NGP-KYN

20,21,808/-

10,00,000/-

2

Parcel Cargo Express Train

SGTY-KHERWADI-SGTY

1 trip in a week 

6 years

SGTY-JSG-NGP-KW

18,94,287/-

10,00,000/-

3

Parcel Cargo Express Train

SGTY-NGC

(Single trip)

1 trip in a week

6 years

SGTY-BTNG-MLDT-NGC

12,11,232/-

10,00,000/-

4

Parcel Cargo Express Train

SGTY-ERODE-SGTY

1 trip in a week

6 years

SGTY-BHC-DVD-GDR-JTJ-ED

20,76,523/-

10,00,000/-



*2 % Development Charges and 4.50 % Service Tax 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 (23 Tonnes each) + One Brake Van (2 compartments of 4 Tonnes each) for the first 6(six) months of contract. The aforesaid Reserve Prices at Column 7 have been worked out on such minimum composition(15 Parcel Vans +1 Brake Van[two compartments of 4 tonnes carrying capacity 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 4 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 SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 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/Single trip  turn round giving proper spacing to service.

This round trip/Single 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

14.10.2016

12.00 hrs

Closing date and Time                                                                                         

14.10..2016

13.30 hrs

Tender Opening date and time    

14.10.2016

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

Page No.4


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 13.30hrs on or before 14.10.2016and will be opened at 14.00 hrs on 14.10.2016 in public immediately thereafter. Train name ‘Parcel Cargo Express ..............-..............-............’ 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 30 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 has 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 (Pay Order) or Bank Draft of any Nationalized or Scheduled Bank pledging the amount in favour of “FA & CAO/South Eastern Railway,  Garden Reach, Kolkata” valid for a minimum period of three 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 this 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/Single Trip basis) under the head “SALIENT FEATURES OF THE SCHEME”.

Page No.5

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

Page No.6


Annexure B

DECLARATION BY THE TENDERER

TENDER FOR THE CONTRACT OF LEASING OUT OF PARCEL CARGO EXPRESS TRAIN ON ROUND TRIP BASIS  OF 468(353 TONNES FOR THE FIRST SIX MONTHS OF CONTRACT) TONNES RUNNING BETWEEN SGTY - ..........- ......... TO CARRY PARCEL PACKAGES.

To,

The President of India,

Acting through 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 30 (thirty) 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

Page No.7


ANNEXURE ‘C’

SOUTH EASTERN RAILWAY

TENDER FORM

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

To

The President of India

Through Chief Commercial Manager

South Eastern Railway

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

Dear Sir,

Ref: Tender Notice No. 02 / 2016.

            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 - …………………..…  -  ……….…………..…. 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.

3

No. of Trips per month

4

SGTY to ....................round/single trip direction with standard composition of 15 Parcel Vans (VPH/VPs/VPU) of 23 tonnes each + 1 Brake Van (2 compartments of 4 tonne each) total 353 tonnes. Reserve Price (RP) = Rs. ................../- 

Per trip lump sum rate.

In Figures

In words

2 % Development Charges and 4.50 % Service Tax 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.

5

Details of earnest money deposit.

Amount

DD No. etc

Date

Drawn on (Bank)

Page No.8


6

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

In UP Direction :

 

In DN Direction:

7

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

7.1

Past experience in the Cargo / Transport Field with Railway / out side Railway.

(Add. Pages if required)

With Railway : (AGC / SLR / VP)

Out side Railway :

8

Credentials

8.1

Annual Turnover in last three years (Audited figures)

1) 2013-14    :

2) 2014-15   :

3) 2015-16   :

8.2

Registration No. & Date with Railway.

8.3

No. of staff engaged by the firm.

8.4

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

9

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 4 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 4 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 SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 tonnes) is attached in the PCET on any occasion, the lump sum leased freight shall be 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/Single 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.

Page No.9

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) of 23 tonnes each + 1 Brake Van (Two compartment of SLR having capacity of 4 tonne 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) supplied for loading. However, in case an SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 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.

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       Service Tax will be charged @ 4.50% 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.

Page No.10

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:-

a)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 SR.DFM/FA & CAO) 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 SLR compartments of 4 tonnes each), irrespective of number of parcel vans attached to the train. The Bank Guarantee in prescribed format shall be valid till the period of contract plus three months.

b)The Bank Guarantee Bond format as enclosed should form an integral part of the tender document as an annexure – F.  

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 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) shall be allowed as per rules applicable for such rolling stock.

10.1Free 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.

Page No.11

10.2     Wharfage / Demurrage charges:- Normal rules 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 (FM) / 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 immediate 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.

15.4     The lease holder, if he so desires, may load Parcel Vans from intermediate            station(s).  Such a parcel van shall be attached to the Parcel Cargo Express        Train from intermediate station(s) subject to operational clearance and payment   of lumpsum freight on end – to-end 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 space in Parcel Cargo Express train. Only ‘Money Receipt’ will be issued to leaseholders for the amount of lump sum leased freight deposited for entire Parcel Express train from originating to terminating station indicating following particulars:-

(i)Name of lease holder : ____________________ .

(ii) Parcel Express train leased out (Origin–Destination) from_______ to                                     ________.

(iii)   Number of Parcel Vans leased out: ____________________ .

(iv)Lump sum leased freight collected for the loading of (date           _______).

(v)Freight collected __________

Page No.12

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 may     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.

Page No.13

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.

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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.

20.3     If 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.

20.4     Lease 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.

20.5     Any 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.

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

21.3 The 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.

21.4 The leaseholder shall be liable to mention complete address of consignor and consignee in the Manifest. In case consignments are meant for sale, Sales 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 Sales Tax / VAT is applicable’ on the commodity booked, then Sales Tax Registration Number or TIN 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.

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21.5  No seizure by Sales 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.       JURISDICTION OF COURTS

           Any litigation out of this contract would be subject to exclusive jurisdiction of Hon’ble High Court Calcutta only.

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

Page No.16


Annexure –E

Details of manifest to be submitted by lease holder

1.Name of leaseholder : ____________________________________

2.Address : ______________________________________________________

3.         Telephone No. : __________

4.         Mobile No. : __________

5.         VP/SLR/SLRD No.: __________

6.         Date of Ldg.: __________

7.         Railway MR No. __________

8.         Dated: __________

9.         Station From: __________

10        Station To: _________

GR No

No.

of packages.

Pvt.

Marking

Total weight

From

To

Name & complete

address of Consignor

Sales Tax registration

Number/ TIN

Name & complete

address of Consignee

Sales Tax

Registration

Number/ TIN

                                                              

Page No.17

Annexure F

Page No.18

Page No.19

DRAFT AGREEMENT FOR LEASING OF PARCEL CARGO EXPRESS TRAIN ON ROUND TRIP BASIS

This Agreement is made and entered into at  KOLKATA on this  …………….day of ……………., 2016between The President of India acting through the Chief Commercial Manager (FM) of South Eastern  Railwayhereinafter called “Railway Administration” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assignees) on the ONE PART and  M/s. __________ having their registered address at ________________________, herein after called the lease holder on the OTHER PART for leasing of Parcel Cargo Express Train with minimum composition of 15(VPH/VPs/VPU) Parcel Vans of 23 tonnes each + 1 Brake Van(2 compartments of 4tonnes each) for the first six months of the contract period and 20 Parcel Vans (VPH/VPs/VPU) of 23 tonnes each + 1 Brake Van (2 compartment of  4 tonnes each) thereafter, for the transportation of parcels from   ______  to  ______ for a period of six years. There would be no escalation in the 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. Railway administration and the leaseholder do hereby jointly and severally covenant and agree in the manner following that is to say.

GENERAL STIPULATIONS / DEFINITIONS.

In this agreement unless a different intention appears from the subject or context the expression:

A.The President of India and the General Manager of the South Eastern Railway include their successors and assignees.

B.Railway Administration means and includes the President, Union of India and his successors and assignees the General Manager, Chief Commercial Manager, Chief Commercial Manager (FM), Divisional Railway Manager, Senior Divisional Commercial Manager, South Eastern Railway and their successors and assignees.

C.“Lease holder” includes legal representatives of the lease holder, and their successors.

D.“Parcel” means consignments/packages booked at coaching rates as notified by Coaching Tariff issued by IRCA and are usually permitted to be carried by Rail or other Passenger carrying trains.

1.0        TERMS AND CONDITIONS OF THE AGREEMENT

1.1          Assured supply of VPs in Leased Parcel Express Train.

 Railway Administration will provide to Lease Holder, a Parcel Cargo Express Train of minimum composition of 15(VPH/VPs/VPU) Parcel Vans of 23 tonnes each + 1 Brake Van(2 compartments of 4tonnes each) for the first six months of the contract period and 20 Parcel Vans (VPH/VPs/VPU) of 23 tonnes each + 1 Brake Van (2 compartment of 4 tonne each) thereafter for the transportation of parcel traffic Ex. _____ to _____ on round/single trip @ `.________ (Rs. ______ Only) with a minimum frequency of ___ trips in a month for a period of six years w.e.f __________ to _______. There would be no escalation in the 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. Lump sum leased freight shall be collected on the day of loading which will be calculated as per actual permissible carrying capacity of the Parcel Vans (VPH/VPs/VPU+SLR) supplied for loading. However, in case an SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 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.In addition to the freight charges as mentioned herein above Lease Holder shall have to pay 2% development charges and 4.50 % service Tax on the agreed lump sum leased freight. The percentages are subject to revision as advised by Railway Board from time to time.

1.2          The leaseholder shall not compete with Railways for the traffic being proposed or moved by the Railway for parcel/ luggage transport.

Page No.20

1.3          In normal circumstances there will be the guaranteed supply of the above said composition of 15(for the first six months)/20 Parcel Vans (VPH) of 23 tonnes each + 1 Brake Van (2 compartment of 4 tonne each). However, in unavoidable circumstances beyond the control of Railways or operational exigencies, Railway shall not be bound to fulfill its commitment. In such circumstances lump sum leased freight of that day if paid by the Party of OTHER PART will be adjusted for next day/next loading.

1.4          Railway Administration shall not give guarantee to supply and specific/particular type of coaching vehicles. In case of non availability of VPH having carrying capacity of 23 tonnes, the Railway Administration may supply 18 tonnes VP or VPU.

1.5Additional Parcel vans in the parcel express train are permitted on receipt of demand from the Lease Holder and availability of stock.  Freight for additional parcel vans may be charged as per lump sum leased freight (accepted rates). However, the composition of leased PCET may be increased on mutual consent up to 24 Parcel Vans by enhancing the prevailing accepted rate of the contract during its currency on PRORATA BASIS. Moreover, in case, after increase of composition, at a later stage, the operation of PCET is not sustainable, the number of Parcel Vans may be reduced up to minimum composition of 20 Parcel Vans + 1 Brake Van and rates reduced accordingly on PRORATA BASIS.

2.0       ‘Security Deposit’ to be deposited with Railway Administration.

2.1          The leaseholder has deposited Bank Guarantee for Rs _____         vide No.  _________ dated __________  drawn at _______   Bank ( nationalized Bank) as Security deposit in favour of F.A & C.A.O of South Eastern Railway and valid upto the contractual period + three months i.e. __________ as ‘Performance Guarantee’. In case of performance failure or non-payment of Railway’s due for whatsoever reason, the Railway Administration shall have the right to en-cash the same during the period of validity of Bank Guarantee.

3.0          Validity of contract and lump sum leased freight payable.

3.1          The contract for leasing space in Parcel Cargo Express Train composing of 15 VPHs of 23 tonnes each and 1 brake van (2 compartments of 4 tonne each) for the first six months of contractual period and 20 VPHs of 23 tonnes each and 1 brake van (2 compartments of 4 tonne each) thereafter will commence with effect from _____ and it will remain valid upto ______ for a period of six years with minimum ____ trips per month Ex _____ to ____ . There would be no escalation in the 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. The lump sum leased freight payable for leasing of one trip by the Parcel Cargo Express Train From _____  To _____   shall be ` ________ (Rs.____           Only). Lump sum leased freight shall be collected on the day of loading which will be calculated as per actual permissible carrying capacity of the Parcel Vans (VPH/VPs/VPU+SLR) supplied for loading. However, in case an SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 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. In addition to the freight charges as mentioned herein above Lease Holder shall have to pay 2% development charges and 4.50 % service Tax on the agreed lump sum leased freight. The percentages are subject to revision as advised by Railway Board from time to time.

3.2          The surcharge leviable for bulky articles will not be applicable under the scheme as handling /loading /unloading is done by the lease holder.

3.3          The lump sum leased freight shall be payable for the entire carrying capacity of leased parcel cargo express train irrespective of its actual utilization of parcel space by the lease holder.

3.4          The lease holder shall be liable to deposit the lump sum leased freight as mentioned in Para 3.1 above at the originating station itself with Chief Parcel Supervisor.

Page No.21

3.5      50% of the lump sum leased freight will be paid at each end (originating & destination station) as freight charges at the time of loading at the respective end.

4.0          Advance payment of lump sum leased freight:

4.1          Pre-payment of lump sum leased freight is compulsory for each trip separately at each originating station for entire Parcel Cargo Express Train of minimum 15(for the first six months)/20 Parcel Vans (VPH/VPs/VPU) of 23 tonnes each + 1 Brake Van (2 compartment of  4 tonne each) in direction Ex _____ to _______ for __ trips in a month irrespective of partial  / non utilization.  Lump sum leased freight shall be collected on the day of loading which will be calculated as per actual permissible carrying capacity of the Parcel Vans (VPH/VPs/VPU+SLR) supplied for loading. However, in case an SLRD coach whose permissible carrying capacity of both the compartments is 10 tonnes(5 tonnes + 5 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. In addition to the freight charges as mentioned herein above Lease Holder shall have to pay 2% development charges and 4.50 % service Tax on the agreed lump sum leased freight. The percentages are subject to revision as advised by Railway Board from time to time.

4.2          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.

4.3          Commercial placement of the rake (Parcel Cargo Express Train) to be reckoned from the schedule day of loading at 00.00 hrs in case the rake is placed before schedule day of loading at ---------- where round the clock working is in force.   

4.4          No Railway Receipt will be issued by Railways for consignments being transported by the said Parcel  Cargo Express Train. Only ‘Money Receipt’ will be issued to Lease Holder for the amount of lump sum leased freight deposited for entire parcel express train from originating to terminating station indicating following particulars.

1)Name of the lease holder :

2)Parcel  Cargo Express Train leased out between : 

3)Number of Parcel Vans leased out:

4)Lump sum leased freight collected for the loading on date_______________.

5)Freight collected ___________________________                  

4.5          Lease holder shall be liable to produce clear photo copies of the Money Receipt as documentary proof during the transit in regard to leasing of parcel express train and payment of lump sum leased freight of that particular day at any time while transporting his consignment.

5.0          Recovery of Railway Dues:

5.1          Railway Administration reserve the right to recover/deduct of Railway’s dues from lease holder’s ‘Security Deposit’ on the following grounds:-

(i)            Any amount imposed by Railway Administration such as due freight, fine, wharfage, demurrage, and punitive charges on overloading, re-weighment 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 / his representative / his labourers.

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

5.2      TXR Examination Train:

TXR certificate will be given before placement of Rake on platform for loading.

Page No.22

5.3   Change of terminals:

The Zonal railways will be at liberty to change the terminal within the same area in view of operational exigencies or party’s request looking into the local circumstances provided reasons are justified.

6.0    Duration of contract:

The duration of contract shall be Six years commencing on _________ and it will expire on _________. There would be no escalation in the 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.

7.0    Frequency of Service:

(i)       The service will start with frequency mentioned below. Later on, the frequency can be increased in view of demand, subject to availability of stock and operational feasibility with mutual consent at the same rates as per policy guidelines of Board.

            The details of service and no. of trips per week of Parcel Cargo Trains proposed in S.E.Railway are given below :-

Trains Starting from  - to & back

Frequency

Period of Contract

1. SGTY-KYN-SGTY (Round Trip)

2 trips in a Week

6 years

2. SGTY-Kherwadi-SGTY(Round Trip)

1 trip in a Week

6 years

3. SGTY-NGC( Single Trip)

1 trip in a Week

6 years

4. SGTY-ERODE-SGTY(Round Trip)

1 trip in a Week

6 years

(ii)      Nominated days service: The service may be on nominated days as per round trip turn round giving proper spacing to service.

(iii)   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 lease holder, 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.

(iv)     If leaseholder fails to load leased Parcel Cargo Express Train on any specific day without any genuine reason and without prior permission of Railway administration the lump sum leased freight of that day shall be forfeited.

8.0          Failure to operate contract:

8.1   If the Lease Holder after commencement of loading in leased Space in Parcel Cargo Express train fails to operate the contract without giving any notice, his contract will be cancelled and security deposit forfeited.

8.2      In case of three such failures within a period of 3 years, his registration will be cancelled along with other penalties mentioned under Para8.3, 8.4 and 8.5

8.3      If the registration of a Lease Holder is cancelled as a punitive measure either for reasons of repeated overloading or for repeated failure to start loading after award of contract or for attempt to deliberately defraud Railways or for repeated violation of any of the existing stipulations where cancellation of registration has been legislated as the penalty, then the entire registration fee would be forfeited.

8.4          In addition to forfeiture of registration fee all his existing leasing contract being operated from any division of South Eastern Railway would also be cancelled / terminated by the Railway with the approval of tender accepting authority of other contract.

8.5          In addition to such cancellation, the leaseholder would be debarred from fresh registration for a period of 5 years.

8.6          Appeal against termination of lease contract or cancellation of registration of the lease holder will lie to Chief Commercial Mangers of the zonal railways, who will decide the case at his/her own discretion on merits of the case.

Page No.23

9.0          General terms and conditions of the scheme.

9.1          It will be the responsibility of the leaseholder to ensure that the total weight of the consignments loaded in the parcel space is not beyond the permissible carrying capacity of that vehicle/unit leased out to him between any leg of its journey.

9.2          Railway staff will not supervise loading / unloading of parcels at originating / destination/ intermediate station. However, Railway reserves the right to conduct weighment of leased Parcel Cargo Express Train at any time, as deemed fit.

9.3          Leaseholder shall be solely responsible for canvassing, acceptance, booking, handling, documentation and delivery of the parcels/packages etc. from the parties concerned at originating, destination and intermediate stations. Leaseholder will put his identification marks / labels to differentiate the consignments of his various customers loaded in leased Parcel Van / Brakevan.

9.4          Leaseholder shall padlock the Parcel van / Brake Van in the train. In addition to the leaseholder’s padlocks, the railway will put seal on Parcel Van / Brakevan.

9.5          The leaseholder shall bring the parcels and load in the leased space of Parcel Cargo Express Train at specific platform where the Parcel Cargo Express Train has been placed by the Railway Administration for this purpose.

9.6          Leaseholder shall load only such commodities, which are permissible to be booked as ‘Parcel’ under prescribed Railway Rules.

9.7    The leaseholder shall be responsible to take following precautions to prevent incidence of fire in the Parcel Van/ Brake vans of Parcel Cargo Express Train:

(i)  The leaseholder shall be responsible for proper supervision of loading / unloading to avoid any hazardous situation, ensuring proper locking of the doors of Parcel Van/ Brake vans. All the consignments should not be loaded at one place or direction of the vehicle. It should be evenly distributed / spread out in the vehicle equally.

(ii)    Adequate space must be left between roof and the top layer of the packages loaded in the Parcel Van/ Brakevan to avoid direct contact with the ceiling and electric lamps. The leaseholder must ensure the same.

     (iii) Smoking and lightening of cigarette / bidi in the Parcel Van/ Brakevan is strictly prohibited  

            while loading /unloading of parcels. Leaseholder will ensure the same.

9.8    In addition to above, in case of serious violation, of any Rules or Laws of Land the leaseholder shall be liable to prosecution as provided in Railways Act, 1989 / Other laws in force.

9.9    Percentage charges’ shall not be realized from the leaseholder. However, the claims will be settled on merits of the case under the Railway rules applicable to consignments booked at owner risk rate, after verification of records but in no case it shall exceed Rs.50/- per kg. of the weight of such goods. The Railways may call upon the leaseholder to prove the deficiencies by documentary evidence and such other documents as may be necessary before admitting any claim.

9.10 The Railway shall reserve the right to open the padlock and seals to trans-ship the parcels/packages of any Parcel Vans / Brakevans leased space of Parcel Cargo Express Train in unavoidable circumstances like accidents, strike, hot axle etc. Cost of transhipment, if any, at enroute station will be borne by the leaseholder.

9.11 The Officials of Railway and other concerned department 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, explosives, offensive, contraband or any other banned articles are loaded.

9.12  The Railways shall earmark some space (wherever feasible) within station premises for the leaseholders for (i) stacking their consignments and (ii) keeping their trolleys.

Page No.24

9.13 Permission for loading/unloading of parcels will be given at a maximum of four intermediate stations between origin and destination pair in single trip journey. For this purpose NOC will be obtained by South Eastern Railway Administration from the controlling zonal railways of those intermediate stations. The intermediate halt for loading/unloading should be at least 300 kms apart. The lease holder will have to submit a request letter for the same and necessary permission letter will be issued by this Railway and the same will be treated as part of this agreement.

9.14  To facilitate loading / unloading from inter-mediate station, the train will be placed on nominated platform as far as possible and will not be changed at a short notice. If in case of emergency, change of platform is required, the parcel cargo express train will be placed on the adjoining platform, face of an island platform, so that the stacked parcels can be loaded without any difficulty.

9.15  Any detention caused to the train on account of loading / unloading of parcels at forwarding, intermediate or destination point on the part of leaseholder will render him liable for payment of demurrage / Wharfage charges for entire rake as per rules. In case detention to a train beyond the schedule stoppage on account of loading / unloading of parcels in the leased Brake van / Parcel van by the lease holder, leaseholder shall be liable to pay fine as imposed by Railway Administration. In case of repeated incidences of detention of train at intermediate station on the part of lease holder, the Railway Administration shall have the right to impose higher fine or terminate lease contract.  

9.16 The leaseholder if so desires, may load parcel van from intermediate station(s). Such parcel van shall be attached to the parcel cargo express train from intermediate station(s) subject to operational clearance and payment of lump sum freight on end to end basis.

9.17 No check of prescribed packing condition will be made by the Railway staff at the time of loading and the same will be the sole responsibility of the leaseholder.  Any damages due to packing condition or mutilation due to transit, shall be the responsibility of the leaseholder

9.18  The lease holder shall carry parcels and packages etc at his own risk and responsibility. He shall be responsible for loss or damage to parcel or packages for any act or omission on his part or his representatives and will have to indemnify Railway Administration.

10.0        Free time for loading/unloading :

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

11.0        Free time for stacking and removal of parcel :

11.1        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 circumstance on case to case basis with the personal approval of General Manager.

11.2        Parcel awaiting loading at originating station or awaiting removal at destination station should be so arranged / stacked so as not to cause any inconvenience in the free movement of the travelling passengers.

11.3        The lease holder should be ready for loading / un-loading of consignment at any of the available platform/line at the time of arrival / placement of the rake.

12.0        Preparation of manifest:

12.1        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 indicating following particulars:-

                (i)            Name of lease holder:   ______________________

(ii)           Parcel Cargo  Express train leased out (Origin-Destination) from ____    to______

                (iii)          Number of Parcel Van leased out:            ______________

(iv)         Lump sum leased freight collected for the loading on (date__________)

                (v)          Freight collected_______________.

Page No.25

12.2        Lease holder 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.

12.3        Lease holder 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. All the copies of 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:

a)1st copy to be retained by the leaseholder as his record.

b)2nd copy to be retained by the parcel office of originating station.

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

d)4th copy to be retained by parcel office of unloading/destination station.

e)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 consignment at destination station.

12.4        Representative 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 consignment from railway station.

12.5        The 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 consignment loaded in the Parcel Vans is not beyond the permissible carrying capacity to each vehicle.

12.6        The leaseholder shall be liable to mention complete address of consignor and consignee in the Manifest. In case consignments are meant for sale, Sales 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 Sales Tax/VAT is applicable’ on the commodity booked, then Sales Tax Registration Number or TIN 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.

No seizure by Sales Tax authorities is permitted while parcels are in transit i.e. seizures shall be confined to forwarding or destination stations only.

12.7        The leaseholder shall be required to prepare detailed ‘manifest” for consignments being transported by him for each combination of loading & unloading station indicating station-wise details of number of consignment loaded in the leased parcel space (VP/SLR). However, in case of loading from an originating station to different destinations, only one Manifest is required to be submitted by the leaseholder in the given format.

Originating station

Destination Station

No. of Consignments

Description of consignments

Weight in Qtl

(i)

(ii)

(iii)

(iv)

Page No.26

           Similarly, leaseholder shall be required to submit single manifest for loading of parcels from an  Intermediate station to various destinations in given format.

Originating station

Destination Station

No. of Consignments

Description of consignments

Weight in Qtl

(i)

(ii)

(iii)

12.8     The 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.

12.9       All the copies of each ‘Manifest’ will be signed by leaseholder or his authorized representative.

13.0        OVERLOADING:

13.1        The lease operator shall load parcels in each vehicle upto the permissible carrying capacity of that Parcel vehicle as notified by Railway Administration. It will be the responsibility of the lease holder to ensure that the total weight of the consignments loaded in the parcel space is not beyond the permissible carrying capacity.  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 the permissible carrying capacity of the parcel van/brake van.

13.2    In 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.

13.3        In case leased consignments are detained by railway administration for weighment   

    purpose,  no wharfage would be charged.

13.4     In case of overloading is detected in any vehicle beyond the permissible carrying capacity, punitive charges may be recovered from the leaseholder as per the rules / rates in force.

a)Tolerance (VPU/VPH/VPs) : A tolerance of 0.5 tonnes on permissible carrying capacity may be permitted to take care of weighment scale variation.

b)If weight of parcel van exceeds the permissible carrying capacity of vehicle but it is within the prescribed limit of tolerance, normal freight shall be charged from the consignor / consignee/ leaseholder for actual weight in excess of permissible carrying capacity of vehicle.

c)If weight of the parcel van is found beyond the permissible carrying capacity+ tolerance, punitive charges shall be recovered from consignor / consignee / lease holder equivalent to six times the freight at scale- R for entire excess weight from origin to destination irrespective of the point where such over loading was detected. A penalty of Rs 10000/- per vehicle will also have to be paid by the consignor / consignee / leaseholder.

Page No.27

13.5          Weight of each individual package is not required to be checked.   Only the total weight of the consignments loaded in the Parcel Van would be checked. In case of SLR, weight of consignments should be checked for each 4 tonnes compartment separately and it must be within the permissible limit for each compartment. Under Loading in one 4 tonnes compartment will not mean that the other 4 tonnes compartment can be overloaded.

13.6          In case leased consignments are detained by Railway Administration for weighment purpose no Wharfage would be charged.

13.7        Normal Rules for detention of Rolling Stock and delay in removal of parcels shall be applicable and Wharfage and Demurrage charges shall be levied accordingly.

13.8        In addition to the above penalty, Railway may terminate the contract of the leaseholder in case of 4th default.

13.9        In case weight of parcels in a vehicle is found to be overloaded by more than 5% of the leased capacity or 1 tonne whichever is less then apart from the Penal Charges, the excess weight would be off loaded at the point of detection and lease holder will have to take delivery of this part consignment on “as is where is” basis. 

13.10 Railway will not be held responsible for any damage, deterioration or loss to the excess consignment due to off loading parcels.

13.11     In case of cancellation of lease on account of overloading of 2 separate contract (minimum of 8 violations in all) registration of the leaseholder would also be cancelled as mentioned in Para 8.3, 8.4 & 8.5.

14.0        Identity Cards / Labour Platform Permits / Vehicle Pass etc;

14.1        Divisional / Zonal railways will issue three laminated Photo Identity Card to registered leaseholders for the purpose of their identification in the station premises, which will be valid for 1 year only. On expiry, the same may be reissued / renewed annually.

14.2        Leaseholder with his signature will issue laminated photo identity cards to each labour. Labourer’s photo identity card will contain the labourer’s details including his residential address. Leaseholder shall be solely responsible for credential of the labourers engaged by him.

14.3        To facilitate as also to regulate loading/ unloading operation from/ to leased parcel space, divisions/zonal railways will issue free Platform Permit(s) to the leaseholder for his labourers.

14.4        The station Superintendent will issue Numbered laminated platform permits to leaseholder and his labourers for operation of leasing contracts at that station. ‘Numbered laminated platform permits’ will be valid for the duration of one year and it may be renewed annually.

14.5        Labourer will be permitted to enter the platform area on production of both of the following;

(i) Numbered labour platform permit issued by railway administration, and

(ii) Photo Identity Card issued by the Registered leaseholder.

14.6        ‘Entry Passes’ for entrance of vehicle in Railway’s premises will be issued to the leaseholder as per their volume of traffic. On expiry of the same, it will be renewed annually.

14.7        Entry in the parcel office is restricted only for lease holder / representatives of lease holder. 

Page No.28

15.0        Free space to leaseholder of Parcel Special 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 extent rules.  The leaseholder shall vacate the said premises and have no right on the said space after expiry of contract.

16.0        Free Escort with Parcel 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 (FM)/ CCM(FM). The representative of the leaseholder permitted to travel by the train can be changed at any en route point during journey.  However, only one escort may be permitted at a time.

17.0        Claims compensation:

17.1        Loading will not be supervised by the Railway staff. After completion of loading all parcel van /brake van will be padlocked by the lease holder. In addition to padlocking all parcel van / brake van shall be sealed by the Railway.

17.2        Railway Administration shall not be responsible for claim/compensation due to any reason for consignment loaded in the leased parcel express train. Railway shall only be responsible to carry parcel express train from lease originating to lease terminating station with Railway seal and lock intact and that Railway shall not be responsible for the contents loaded in the parcel express train.

17.3        Leaseholder shall carry parcels/packages at his own risk and shall be directly responsible to the consignor/consignee for any loss, damage, destruction, deterioration and non-delivery of the parcels/packages for any act of omission or commission on their part for parcels and its contents loaded in the leased Parcel Van / Brakevan . In case, Railway made responsible in any cause, the lease holder shall compensate the said liability to the Railways.

17.4        Railway 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 Government or by any officer or authority subordinate to the Central Government or State government authorized in this behalf.

vi)   Fire, Explosion or any unforeseen risk.

vii)  Act or omission or negligence of the leaseholder or consignor or consignee.

viii) Natural deterioration or wastage in bulk, or weight due to inherent defect, quality or  

       vice the goods.

ix)   Latent Defect

17.5        As space is leased out to the lease holder, “Percentage Charges shall not be realized. However, claims will be settled on merit under Railway rule applicable to consignment booked at owner’s risk  after verification of the record 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 deficiency by documentary evidence and such other document as may be deemed necessary before admitting any claim.

Page No.29

17.6        Any dispute of claims arising between Railway and the lease holder shall be settled by the Railways being a principal transporter. The Railway Administration does not have any contractual or other obligations towards cargo owner. l

17.7       The leaseholder will be liable to the Railway Administration for any loss or damage to the parcel van or to the platform or to the Railway property while handling parcels by the lease holder or his agent and / or also for any claim under any Act in force, made by the employees of the Railway Administration or any third party for death, disablement or injury to person or loss or damage to the property etc or due to any reasons whatsoever arising out of it in any way connected with the present contract. Any sum paid by the Railway Administration by way of compensation costs, charges or expenses in this connection shall be considered reasonable and shall be reimbursed by the leaseholder to the Railway Administration immediately on demand. The assessment of damages made by the Railway will be final and binding.

18.0        Force Majeur:

18.1        The Railway Administration may exempt the lease holder from his obligation under this contract to load the Parcel Cargo Express train if he is unable to use the same on any given date due to Force Majeur (Public Agitation, Bandh, Strikes, flood etc.). However, in such cases the request must be made by the lease holder in writing well in advance to the divisional office. The Railway Administration may however, reject the request at the sole discretion without assigning any reason.

19.0Adjustment in advanced lump sum leased freight due to non-loading of VPS/SLR.

19.1As mentioned below in Para 19.2 and 19.3, where non-loading of Parcel train is not due to lease holder’s fault, lump sum leased freight charges of that day / trip will be adjusted against the next payment due. In case the day happens to be the last day / trip of contract, then the advance lump sum leased freight paid will be adjusted against the advance lump sum leased freight payable by the lease holder for any other lease contract that he has with the Railways. In case the advance lump sum leased freight cannot be adjusted in this manner, then the same will be granted as a refund.

19.2When the Leased space is not made available by the Railways due to unavoidable circumstances including one of the following:

a)Damage to inside walls of VPs/SLR due to theft during previous trip.

b)Breakage of floor.

c)Agitation/strike by Railway Staff, etc.

In above case reasons mentioned for non-loading must be certified by a multi-disciplinary team comprising representative of Commercial, Mechanical and Security Departments nominated for this purpose.

19.3        When the Lease Holder is not able to load the parcel space due to unavoidable              

               circumstances including one of the following :

a) Public agitation.

b)Bandh, etc.

c)Natural calamities like earthquake, floods breach etc or on the day of nation / state elections.

Page No.30

19.4        In case train run via diverted route or not terminating / originating at / from its original   terminating / originating station due to natural calamities like earthquake, floods                breach etc, leaseholder shall be exempted, if he desires so on making an application to         CCM, to pay lease freight on day(s) of such disruption provided CCM certifies the                 operational constraints in consultation with COM.  

20.0        Theft:

20.1        If any one of the leaseholder’s padlock or railway’ seal 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 / Break Van of Parcel Express train.

20.2        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 the GRP, RPF and a copy of the same will be given to the leaseholder. This FIR can be lodged either at the destination or at any intermediate stopping station where the incident of theft is detected.

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

20.4        Balance consignment available in the VP/SLR will not be deposited with the RPF or GRP. Leaseholder should be free to take delivery of the remaining portion of his consignments.

21.0Restriction on loading of certain commodities:

21.1        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 department of Central / State Government shall in no case be allowed to be loaded in any part of Parcel Express train

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

21.3        If such articles are found to have been loaded in leased SLR/VP in contravention of the above Para, a fine of Rs. 5 (Five) lakhs shall be imposed on the lease holder in addition to the fine/punishment applicable under the law. 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 Railways Act 1989 or other laws of land.

21.4        Lease 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 provision of Railways Act 1989 or other laws of land.

21.5        Any damage caused to the parcel van / brake vans or to the platform or any other Railway property while handling parcel 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.

Page No.31

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

22.1        Leaseholder agrees not to transfer or sublet 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 the registration will also be cancelled.

22.2        In case of default under Para 22.1 above, if there are more than one leasing contracts in operation by the leaseholder by any other train, the Railway Administration will have the right to terminate all the lease contract which are in operation by any other train.

22.3        Railway Administration will be sub-contracting carriers only and not the principal carrier.  Railway’s responsibility will be limited to safe carriage of Brake Van / Parcel Vans from origination station to its destination station.

23.0        Right to terminate the lease contract

23.1        The Railway Administration shall have the right to terminate the operation of the contract / agreement for any reason whatsoever after serving two months notice to the leaseholder. In such cases, “Security Deposit / Performance Guarantee” will not be forfeited. Railway also reserves the right to terminate the contract without giving any notice at any time for whatsoever reason as a punitive measure or breach of agreement by the leaseholder or in case of operational exigencies or it is necessary to do so in public interest.

Such instantaneous termination of contract by Railway Administration should be followed by a written intimation of breach of contract within 3 working days of termination. However, in case of termination of contract on operational exigencies or necessity under public interest a Security Deposit / Performance Guarantee will not be forfeited.

23.2        Railway shall have the right to suspend the leasing contract whatsoever reason till the inquiry of any discrepancy/ or any legal action pertaining to lease is pending /require clearance from concerned authorities.              

23.3        Leaseholder shall also have the right to terminate the agreement after serving two months advance notice to Railway Administration.

23.4       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”.

24.0        Liability of the leaseholder towards payment of SaleTax/Trade Tax/VAT/ any other taxes.

24.1        Leaseholder shall be solely responsible to pay Saletax/ Trade Tax/VAT/ any other taxes payable to the Local Authority / State Government / Central Government on the commodities / parcels transported by the leaseholder in leased Brake Vans/Parcel Vans/etc.

25.0        Liability of the leaseholder in case of any injury or loss or death due to loading/ unloading/ stacking/ removal of parcels.                                                                   

25.1        The loading/unloading is exclusively done by the lease holder. Therefore Railway is not responsible 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 leaseholder will indemnify the Railway Administration for such acts.

Page No.32

26.0        Abiding labour laws / Acts and Regulations etc.

26.1        The labour employed by the leaseholder for loading/unloading or any purpose will be employees of the leaseholder and they may in no way whatsoever claim to be employees of the Railway. In case Railway made liable to pay any claim whatsoever to the labours on any ground the leaseholder will indemnify the Railway Administration for the same.

26.2        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 the employees of the leaseholder and cannot claim any absorption from the Railway . Railway Administration shall not be concerned with the employment or other service related issues of these labourers. However, lease holder will comply with all statutory provisions of the Labour Laws. Employees of leaseholder cannot claim any employment / absorption in the railway.

27.0        Abiding other rules and regulations and alteration in agreement

27.1        The leaseholder shall abide by the extant rules and regulation of the Railways for the items which are not indicated in the Agreement and in case of any irregularities, the Lease Holder shall be liable for the penal action including payment of the fine as imposed by the Railway Administration. Amendments and any alteration required for the better transportation of the parcels under the agreement can be made with mutual consent of both parties.

                SETTLEMENT OF DISPUTES- INDIAN RAILWAY ARBITRATION RULES

28.          Matters Finally Determine by the Railway  :  All disputes and differences of any kind whatsoever arising out of or in connection with the contract , whether during the progress of the work or after its completion and whether before or after the determination of the contract , shall be referred by the contractor to the GM  and the GM shall , within 120 days after receipt of the contractor’s representation , make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses-8 , 18, 22(5) ,39, 43(2) , 45(a) , 55,55-A(5) , 57, 57A, 61(1), 61(2) & 62(1) to (XIII) (B) of Standard General Conditions of Contract or in any Clause of the Special Conditions of the Contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decisions of the Railway Authority , thereon shall be final and binding on the contractor, provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the Arbitration Clause .

                                                 

28.1        Demand for Arbitration :

In the event of any dispute or difference between the parties hereto as to the construction  or operation of this contract , or the respective rights and liabilities of the parties on any matter in question , dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to , or if the Railway fails to make a decision within 120 days , then and in any such case, but except in any of the “excepted matters” referred to in Clause 28 of these conditions , the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration .

                               

28.2        The demand for arbitration shall specify the matters which are in question , or subject 

                of the dispute or difference as also the amount of claim item-wise. Only such dispute(s)

               or difference(s) in respect of which the demand has been made , together with counter 

               claims or set off , given by the Railway , shall be referred to Arbitration and other 

               matters shall not be included in the reference .

                                                                                                                                                 Page No.33

28.3        (a) : The Arbitration  proceedings shall be assumed to have commenced from the day,           a written and valid demand for Arbitration is Received by the Railway .

                 (b) The claimant shall submit his claim stating the facts supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal .

                 (c)   The Railway shall submit its defence statement  and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter , unless otherwise extension has been granted by Tribunal .

(d)  Place of Arbitration:   The Place of Arbitration would be within the Geographical Limits of the Division of the Railway where the cause of action arose or the Head Quarters of the concerned Railway or any other place with the written consent of both the parties.

28.4:      No new claim shall be added during proceedings by either party . However, a party may amend or supplement the original claim or defense thereof during the course of Arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

28.5:      If the Contractor(s)does / do not prefer  his / their specific and final claims in writing , within a period of 90 days of receiving the intimation from the Railways that the final bill is ready  for payment , he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims .

28.6        Where the Award is for payment of money, no interest shall be payable on whole or any part of the Money for any period till the date.

28.7        Subject to aforesaid, the Arbitration and Conciliation Act 1996 and Rules framed there under and any statutory Modification thereof shall apply to the Arbitration proceeding under this Clause.

28.8        The venue of Arbitration shall be the place from which the acceptance letter is issued/the contract Agreement is signed or such other place as the Arbitrator at his discretion may determine. 

28.9        In this section the authority to appoint the Arbitration includes, such authority / officer who is for the time being discharging the function of the authority in addition to other function or otherwise.

28.10     The cost of preparing and executing this agreement and all incidental charges shall be borne by the   Lease Holder.

28.11     All the litigation out of this contract will be subjected to the jurisdiction of the court                                             where the agreement is signed and executed.

Page No.34

                                                                               

In witness whereby the parties have hereunder subscribed their names at the places and on the dates hereinafter mentioned respectively.

              Signature                                                                                                             Signature

(                                          )                                                                       (                                    )

Name & Designation                                                                                      Name & Designation of

(Chief Commercial Manager/FM)                                                              Authorized Signatory         

South Eastern Railway                                                                           Name of firm/leaseholder,

For and on behalf of

The President of India

On this day of ………      , 2016 in presence of:

Witnesses                                                                                              Witnesses

1.  …………………………………………….                                   1………………………………………

Page No.35




Source : South Eastern Railway CMS Team Last Reviewed on: 27-09-2016  


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