NORTHEAST FRONTIER RAILWAY TINSUKIA … FRONTIER RAILWAY TINSUKIA DIVISION ... Avadh Assam Express...

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Page 1 of 36 NORTHEAST FRONTIER RAILWAY TINSUKIA DIVISION COMMERCIAL DEPARTMENT TENDER FOR Leasing out of one 23-tonne parcel van (VP/VPU/VPH) space of 15909/15910, Avadh Assam Express ex Dibrugarh (DBRG) Lalgarh (LGH) Dibrugarh (DBRG) from end-to-end leasing on round trip basis for 5 (five) years. NIT No: CM/VP/Leasing (15909/15910)/TSK/17 Date:- 04.08.2017 Cost of Tender Document : Rs 2,000/- (Two thousand) only. Earnest Money : Rs 4,00,000/-(Four Lakh) only. Security Deposit : Amount equivalent to 10% of Annual contractual value or minimum . 4.0 (Four) lakh in the form of FDR or DD. Tender document Issued to: …………………………………………………………………………. ........................................ ……………………………………………………………………………………………………………. This tender document contains 5 parts and annexure in 36 pages. (a) Front page : 1 page (b) 1 st . part Tender schedule : 1 page (c) 2 nd . part Tender issuing letter : 1 page (d) 3 rd . Part: Application & schedule of rate : 3 pages (e) 4 th . Part: Instruction to tenderers : 6 pages (f) 5 th . Part: Draft agreement as instruction : 20 pages (g) Annexure-“A”,”B”, “C” & “D” : 4 pages Each and every page of the tender form must be signed by the tenderer. . Addl. Divl. Railway Manager N.F. Railway, Tinsukia On behalf of President of Union of India

Transcript of NORTHEAST FRONTIER RAILWAY TINSUKIA … FRONTIER RAILWAY TINSUKIA DIVISION ... Avadh Assam Express...

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NORTHEAST FRONTIER RAILWAY TINSUKIA DIVISION

COMMERCIAL DEPARTMENT

TENDER FOR

Leasing out of one 23-tonne parcel van (VP/VPU/VPH) space of 15909/15910, Avadh Assam Express ex Dibrugarh (DBRG) – Lalgarh (LGH) – Dibrugarh (DBRG) from end-to-end leasing on round trip basis for 5 (five) years.

NIT No: CM/VP/Leasing (15909/15910)/TSK/17 Date:- 04.08.2017

Cost of Tender Document : ₹ Rs 2,000/- (Two thousand) only. Earnest Money : ₹ Rs 4,00,000/-(Four Lakh) only.

Security Deposit : Amount equivalent to 10% of Annual contractual value or minimum ₹. 4.0 (Four) lakh in the form of FDR or DD.

Tender document Issued to: …………………………………………………………………………......................................... …………………………………………………………………………………………………………….

This tender document contains 5 parts and annexure in 36 pages.

(a) Front page : 1 page (b) 1

st. part Tender schedule : 1 page

(c) 2nd

. part Tender issuing letter : 1 page (d) 3

rd. Part: Application & schedule of rate : 3 pages

(e) 4th

. Part: Instruction to tenderers : 6 pages (f) 5

th. Part: Draft agreement as instruction : 20 pages

(g) Annexure-“A”,”B”, “C” & “D” : 4 pages

Each and every page of the tender form must be signed by the tenderer. .

Addl. Divl. Railway Manager

N.F. Railway, Tinsukia On behalf of

President of Union of India

Page 2 of 36

“Tender Form, Part I”

NORTHEAST FRONTIER RAILWAY TENDER SCHEDULE

Tender Notice No: CM/VP/Leasing (15909/15910)/TSK/17 Date:-04.08.2017

For and on behalf of the President of India “Open Tenders” in sealed covers in prescribed tender forms are invited from registered leaseholders of category “A” of Tinsukia Division, N.F. Railway and Bikaner Division of North Western Railway for Train No. 15909/15910, Avadh Assam Express mentioned in the NIT and Instruction to Tenderers as per schedule mentioned below:-

SN Description Details

1 Work Leasing of 23-tonne parcel van (VP/VPU/VPH) space by Train No.15909/15910, Avadh Assam Express on end-to-end round trip basis Ex. DBRG – LGH & back for 05 (Five) years period.

2 Tender value As per Reserve Price & frequency of the trains.

3 Reserve Price ₹ 3,28,092/-(Rupees Three Lakh Twenty Eight Thousand & Ninety Two) only.

4 Tender document cost ₹ 2000/- (Rupees Two thousand) only

5 Earnest Money ₹ 4,00,000/- (Rupees four Lakh) only.

6 Period of Completion/Contract 05 (Five) Years.

7 Validity offer 90 (Ninety) days

8 Name of offices where tender form shall be available

Office of the DCM/Tinsukia, N.F. Railway, on all working days from 07.08.2017 to 11.09.2017 from 10:00 hours to 17:00 hours and upto 12:00 hours of 12.09.2017.

9 Publication date on website 04.08.2017

10 Document download start date 05.08.2017 (10:00 hours onward)

11 Documents download end date 12.09.2017 (Upto 12:00 hours)

12 Tender submission start date & time 21.08.2017 (From 10.00 hours to 17.00 hours)

13 Tender submission end date & time 12.09.2017 (Upto 17:00 hours)

14 Tender opening date & place 14.09.2017 at 11:00 hours in the chamber of Divisional

Railway Manager (C)/Tinsukia, N. F. Railway, Tinsukia.

15 Website details for downloading tender form and detailed tender notice can be seen.

www.nfr.indianrailways.gov.in

16 Qualifying criteria 1. Submission of requisite Earnest Money & cost of tender paper.

2. Registration in category - ‘A’ in Tinsukia Division of N. F. Railway and in Bikaner Division of North Western Railway (ER).

OR As per CPLP, 2014 with its modification.

3. Audited Balance sheet and Profit & Loss Account of last

financial year. Annual turnover Rs. 2 Crores.

Addl. Divl. Railway Manager N.F. Railway, Tinsukia

On behalf of President of Union of India

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“Tender Form, Part-II” Northeast Frontier Railway

DRM Office, Tinsukia Division

Train No:……………………………. Space:…………………………………

From:………………………………… To:……………………………………..

Money Receipt No/Demand Draft No. ………………………………………Dated:……………………….

To, ------------------------------------ ------------------------------------ Sub:-Tender for leasing of 23-tonne Parcel Van (VP/VPU/VPH) by Train No. ………………… Ex………………………..

To……………………….on round trip basis for 05 years.

Dear Sir,

Tender form along with tender conditions and agreement for the above noted contract are enclosed. Tender should be addressed to Divisional Commercial Manger, N.F. Railway, Tinsukia and submitted in a sealed cover superscribed “Tender for leasing of 23-tonne parcel van (VP/VPU/VPH) by Train No…………………………….Ex…………………………….To…………………………….and back on Round Trip basis for 05 years. 1) Tender will be received in the Tender Box kept in the chamber of Divisional Railway Manger (Commercial), N.F.

Railway, Tinsukia, P.O. & Distt. Tinsukia (Assam) and in the chamber of Asstt. Commercial Manager, N. F. Railway Dibrugarh from 21.08.2017 to 12.09.2017 from 10.00 hours upto 17.00 hours (except Saturday, Sunday & holiday). Tender will be opened at 11:00 hrs of 14.09.2017 in the chamber of Divisional Railway Manager (Commercial), N.F.Railway, Tinsukia (Assam). Tenderer(s) or his/her/their authorized representative may remain present during tender opening time, if he/she/they wish (es) to do so. In case the day on which the tenders are to be opened is declared Holiday/Bandh, the same will be opened at the same time on the next working day. Tenders received after that time will not be considered.

2) Tender form can also be sent through registered post address to Divisional Railway Manger (Commercial), N.F. Railway, Tinsukia, P.O. & Distt. Tinsukia (Assam), PIN-786 125, indicating tender notice No & brief name of the work on the sealed envelopes specified above ensuring receipt by this office on or before the date & time mentioned above. Tender received after specified date & time will not be entertained. Railway Administration will not be responsible for non-receipt or late receipt of the tender due to postal delay.

3) No tender will be considered valid unless accompanied by requisite Earnest Money Deposit, which is Rs.4,00,000/- (Rupees Four Lakh) only for each 23-tonne parcel van (VP/VPU/VPH). The Earnest Money should be deposited in the form of Banker’s Cheque or Bank Draft of Nationalized/Scheduled Bank pledging the amount in favour of “FA & CAO, N.F.Railway, Maligaon”, payable at Tinsukia.

Tenders not accompanied with requisite earnest money shall under no circumstance be entertained and shall summarily be rejected.

4) In addition to earnest money, the tenderer will be required to submit proof of Registration i.e. photocopy of Certificate of Registration. In case of failure to submit the Certificate of Registration, tender will be rejected.

5) The Railway administration reserves the right to cancel the tender notice or withdraw any part of the work even at the last minute without assigning any reason whatsoever.

6) The tenderer will have to submit Audited Balance Sheet and Profit & Loss Account of the firm/applicant of the last financial year.

7) Tenders containing erasures and/or alterations of tender documents are liable to be rejected. Any correction made by the tenderer(s) in his/her//their entries must be attested by him/her/them.

8) Tenderers are advised to read the “Instruction to tenders” and “Terms and Conditions” of the draft agreement carefully before submitting the tender documents. In case, tender document is not found completed, it will be rejected summarily.

9) Only registered lease holders as per CPLP 6 of 2014 can participate in the tender process.

10) The competent authority reserves the right to reject/accept any/all tenders without assigning any reasons.

Signature of the tenderer

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“Tender Form, Part-III”

To, Date:……………………. The President of India, Acting through ADRM, Tinsukia Division N. F. Railway. Sub:-Tender for leasing of 23-tonne parcel van (VP/VPU/VPH) by Train No ………………… Ex…………………………….

To ………………………… on round trip basis for 05 years. Dear Sir,

1) I/We hereby offer to take 23-tonne parcel van (VP/VPU/VPH) by Train No ……………………..ex …………………..to ………………………….. on round trip basis for 05 years on the terms & conditions embodied in the attached “instructions to tenderer” and “Draft Agreement” form.

2) I/We agree to abide by the rates quoted by me/us for a period of 90 days from the date of opening of this

tender. 3) I/We also agree to abide by the terms and conditions of the contract and instructions for tenderers and

standard form of contract agreement. 4) I/We agreed to abide by the rule for escalation of lumpsum lease freight @ 10% per annum on lumpsum

lease freight on the immediate preceding year, which shall be applicable from the 4th

year onward (Details at item No. 27 of “instructions to tenderers” and 3.1 of the “Draft Agreement).

5) I am/we are enclosing following documents along with my tender:

(i) Earnest Money document: Bank Draft/Banker’s Cheque for Rs ………………………………………… (Rupees……………………………………………………………………………….) No…………………….. dated……………………. Issued

by …………………………………………… Bank, pledged in favour of …………………………………………………………………………………

(ii)Copy of Registration Certificate of Category “A” dated………………………….issued

by…………………………………Division of………………………..Railway. (iii) In case the form is downloaded from website, a separate demand draft towards the cost of tender form. (iv) A declaration to the effect that his/her/their registration has not been cancelled by any Zonal

Railway/division on punitive measure and the firm has not been debarred from entering into any new tender, which will submitted in the format as Annexure – “A”.

(v) The “Audited balance sheet and Profit & Loss Account” of last financial year. (vi) Entire tender documents along with its terms & conditions containing 37 pages duly signed on each page. 6) I/we have offered rate for 23-tonne space of VP as per schedule of rate furnished under Para 5 (i).

Signature of the tenderer

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7) Schedule of rate for 23-tonne VP/VPU/VPH.

Train No & Name

Rates offered per day in figures

Rates offered per day in words

No. of loading days in a week with specific description of days in a week i.e. Monday, Tuesday etc

No. of non-paid leaves required subject to a maximum of 12 days in a year @ 1 leave after 30 lease operations.

Intermediate loading/unloading stations

Note: (i) No of loading days: In case tenderer does not want to operate the lease contract on all the days of service

available, specific days of week say Monday, Tuesday, Saturday etc. should be mentioned on which he wants to operate the lease contract (see item No 17 of instructions to tenderers). If the column is kept blank or written Nil, it will be presumed that the tenderer wants to operate the lease contract on all days of service available.

(ii) No of non-paid leaves: Required subject to a maximum of 12 days in a year, one leave after 30 lease

operations (see item no. 17 of instructions to tenderers). If the column is kept blank or written Nil, it will be presumed that the tenderer doesn’t want any Non-Paid leave.

(iii) Intermediate loading/unloading facility: The tenderer shall require mentioning the name of intermediate

stations where he wants to carry out loading/unloading operations. The condition for loading/unloading of parcels at intermediate stations from the leased VP can only be accepted, if it is found operationally feasible (see item No. 17 of instructions to tenderers). If the column is kept blank or written Nil, it will be presumed that the tenderer doesn’t want any loading/unloading operation at intermediate station.

8) The leaseholder will liable to pay extra 2% (Two percent) Development Charge against leased freight at the time of loading along with 5% GST (SGST, CGST, UTGST, IGST as the case may be) as notified by Central/State Goverment and as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

Successful tenderer is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required this Act to the railway immediately after the award of contract, without which no payment shall be released to the contractor (leaseholder). The contractor (leaseholder) shall be responsible for deposition of applicable GST to the concerned authority.

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST from his/her/their bills under Reverse Charge Mechanism (RCM) and deposit the same to the concerned authority.

9) There shall be no escalation of lumpsum lease freight during the contractual period on account of budgetary or any other increase in tariff rate.

Signature of Tenderer

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10) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37of the Standard General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

11) I/We hereby also abide by the corrigendum and addendums as and when issued by the Railway Administration.

Name of the Firm:…………………………………………………................

Name of the tenderer: .............................................................

Address:……………………………………………………………...................

………………………………………………………………………

Telephone/Mobile No. (Compulsory)…………………………………

Date: …………………………….

Signature of Tenderer

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“Tender Form, Part-IV”

INSTRUCTIONS TO TENDERERS

Sealed covers are invited from registered leaseholders of Category “A” of TSK Division/N.F.Railway and Bikaner Division/North Western Railway for end-to-end leasing of 23-tonne VP spaces by Train No. 15909/15910 (DBRG–LGH –DBRG, Avadh Assam Express/Daily) for 05 years. Details as under-

S/N Train No. Station Running days

Scale Distance (KM)

Round trip reserve price of 23-tonne VP

1. 15909/15910 DBRG-LGH-DBRG Daily “R” 3115 Rs 3,28,092.00

Note:

“There would be no escalation during the 1st

to 3rd

years in lumpsum leased freight. An annual escalation of lumpsum lease freight @ 10% per annum on the lumpsum leased freight of the immediate preceding year shall be applicable from 4

th Year onwards”.

Tenders must be submitted in sealed cover superscribing Tender Notification No., tender for train no., space and should be dropped in any tender box kept in the chamber of Divisional Railway Manger (Commercial), N.F. Railway, Tinsukia, P.O. & Dist. Tinsukia (Assam) or in the chamber of Asstt. Commercial Manager, N. F. Railway, Dibrugarh from 10.00 hours to 17.00 hours (except Saturday, Sunday & holiday) from 20.08.2017 to 12.09.2017, which will be opened at 11:00 hrs of 14.09.2017 in the chamber of Divisional Railway Manager (Commercial), N.F. Railway, Tinsukia (Assam).

Tender form can also be sent through registered post address to Divisional Railway Manger (Commercial), N.F. Railway, Tinsukia, P.O. & Dist. Tinsukia (Assam), PIN-786 125, indicating Tender Notice No & brief name of the work on the sealed envelopes specified above ensuring receipt by this office on or before the date & time mentioned above. The Railway Administration will not be responsible for non-receipt or late receiving of the tender due to postal delay. Tender sent through registered post will be on the risk of tenderers only.

In case the day on which tender is to be opened is a Holiday/Bandh, the same will be opened at the same time on next working day.

1. Eligibility Criteria:- (i) The participant must be a registered leaseholder under category “A” in Tinsukia Division of N.F. Railway and

Howrah Division of Eastern Railway. Copy of the registration certificate must be submitted with the tender form.

(ii) The annual turnover of the business of the applicant/firm/company should be of Rs 2 Crores. The tenderer shall be required to furnish the “Audited balance sheet and Profit & Loss Account” of last financial year.

(iii) City Booking Agency & Out agency shall not be eligible to participate under this contract. 2. If the tender form is not filled properly/over-written and not supported with requisite documents (Photostat

copy) and requisite earnest money, the tender will be summarily rejected. Tenders received after specified date & time shall not be accepted. Tenderer shall hold the offer open for 90 days from the date fixed for opening of the tender and the validity of the tender can be extended for upto another 90 days specifically asked upon to do so with mutual consent in writing.

3. The rates should be filled in figures as well as in words. In case, specific amount of the bid has not been mentioned by the tenderer while quoting amount, the tender will be liable to be rejected.

4. Each 23-tonne will be considered as one independent unit of parcel space offered for leasing.

5. The period of contract will be 05 (Five) years from the date of commencement of work or as decided by the committee as per the rules in vogue based on the offers received.

Signature of the tenderer

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6. Earnest Money: No tender will be considered valid unless accompanied by requisite Earnest Money, which is Rs 4,00,000/- for each VP. The Earnest Money may be deposited in the form of Banker’s Cheque or Bank Draft of nationalized/scheduled bank pledging the amount in favour of “ FA & CAO, N.F.Railway, Maligaon” payable at Tinsukia, shall under no circumstances be entertained and shall summarily be rejected.

After finalization of the tender, earnest money of all unsuccessful tenderers would be refunded. No interest shall be payable on earnest money. Earnest Money of the successful bidders would be converted into security deposit, if the bidders so requests.

7. In addition to the earnest money, the tenderer will be required to submit proof of Registration i.e. copy of

Registration Certificate along with the tender documents. In case of failure to submit a copy of the Certificate of Registration, tender may be rejected.

8. After finalization of tender, earnest money of all unsuccessful bidders would be refunded without any interest. There will be no liability on the Railway Administration in case of any delay in refund.

9. Security Deposit (SD)/Performance Guarantee (PG):

(a) The successful tenderer will have to furnish Security Deposit/Performance Guarantee @ 10% of annual contractual value as per lumpsum lease freight (Accepted rates) of the leased parcel space subject to minimum Rs 4,00,000/- (Rupees Four Lakh) for each VP in the form of DD/FDR. The FDR/DD should be issued by Scheduled/Nationalized Bank valid for the period of contract + three months.

The above Security Deposit shall be remitted by the successful bidders within 15 days from the date of issue of LOA.

(b) Similarly, SD deposited in cash shall be refunded only after three months after expiry of the contract period.

(c) Railway Administration will not pay any interest on this amount. (d) In case of failure of the highest bidder/allottee of the contract to start the loading within the stipulated

period on account of over-bidding or failure of the leaseholder to continue the loading during contractual period without giving notice to the Railway Administration, the SD/PG money shall be forfeited.

(e) In all cases, where an existing contract is terminated by Railway Administration as a punitive measure, the security deposit/performance guarantee shall be forfeited.

(f) “Security Deposit/Performance Guarantee” will be refunded by the Railway Administration in following circumstances:- i) After successful completion of contractual period or ii) Termination of contract by the leaseholder by giving 2 months advance notice or iii) Termination of contract by the railway administration on operational grounds.

In all such cases, refund of “Security Deposit/Performance Guarantee” shall be subject to clearance of all railway dues.

10. Failure of leaseholder to start or operate lease contract:

(a) The successful tenderer will have to start work within a period of 15 days from the allotment of the contract, failing which the contract will be terminated and earnest money & security deposit will be forfeited. The accepting authority shall be empowered to condone the delay on the merit of the case on written application from leaseholder and give another 15 days (maximum period) to the lease holder for commencing the contract.

(b) If the highest bidder fails to take up or to start the lease contract, he/she/they must be debarred atleast for 02 years from participating in the tender in that Division/Zonal Railway.

(c) If the lease holder, after commencement of loading, fails to load leased parcel space of VP on any specific day without giving any genuine reason and without prior permission of Railway Administration, the lumpsum freight of that day shall be forfeited.

(d) If the leaseholder, after commencement of loading, fails to operate the contract continuously for 10

days without giving any notice, his/her/their contract will be terminated and security deposit will be forfeited.

Signature of the tenderer

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(e) In case of 3 such failure (in different leasing contract of the same division) within a period of 5 years, his/her/their registration will be cancelled along with penalties mentioned under Para 20.

(f) If it is not feasible for the leaseholder to continue the contract due to fluctuation in the market or any unforeseen reason, leaseholder can terminate the contract by giving 60 days notice to the Railway Administration “subject to completion of one year contractual period”. In such cases, SD money will not be forfeited.

(g) Whenever there is change in originating or terminating station or short termination of service of a train by Railway Administration and leaseholder of existing contract is not willing to continue the contract, he/she/they may be allowed so do so.

In such cases, Security Deposit of leaseholder will be refunded even not fulfilling the condition of 60 days advance notice on condition of completion of one year contractual period (subject to clearance of railway dues) provided a notification to that effect is issued by Railway Administration or CCM certifies that railway is not in a position to run the service from/upto the station as mentioned in the tender notification & agreement after obtaining views of COM.

(h) In case of dispute on the part of railway’s obligations, where lease contract could not operationalized by the leaseholder or suspended by railway in certain circumstances like change in loading or unloading point, not providing service, not providing sufficient time for loading or other operational problems, Railway Administration (CCM) shall be empowered to deal with such situation as deem fit, depending upon the merit of the case as they are doing de-facto. If later on, the problem is resolved by railways, the intervening period involved in resolving such disputes (non-operationalization of contract/non-loading by the leaseholder due to disputes) will be treated as ‘dies-non’.

11. Levy of Surcharges under the scheme:

The leaseholder will liable to pay extra 2% (Two percent) Development Charge against leased freight at the time of loading along with 5% GST (SGST, CGST, UTGST, IGST as the case may be) as notified by Central/State Goverment and as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates with modification/alteration in the taxes.

Successful tenderer is liable to be registered under CGST/IGST/UTGST/SGST Act shall submit GSTIN along with other details required this Act to the railway immediately after the award of contract, without which no payment shall be released to the contractor (leaseholder). The contractor (leaseholder) shall be responsible for deposition of applicable GST to the concerned authority.

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST from his/her/their bills under Reverse Charge Mechanism (RCM) and deposit the same to the concerned authority.

12. There shall be no escalation of lumpsum lease freight during the contractual period on account of

budgetary or any other increase in tariff rate. 13. The Divisional Railway Manager, N.F.Railway, Tinsukia reserves the right to reject/accept any/all the

tenders without assigning any reasons. 14. Tender form is not transferable.

15. The successful tenderer will have to execute an agreement, a copy of which is enclosed. The cost of stamp duty for execution of the agreement will be borne by the contractor as per rates fixed by the state Government.

16. In case of any variation in internet version and Master copy kept in the office, the contents of Master copy shall prevail and will be binding on the tenderer(s). No claim/complaint on this account will be entertained.

17. Declaration (details) to be furnished by the tenderer in the tender form (Schedule of rate):

In case of tenders for leasing of parcel space on short term or long term basis, the tenderer, while submitting his/her/their tender form shall be required to furnish the following declaration in the tender form under item no. 7 of the Tender form Part-III (Schedule of rate), failing which his/her/their tender will not be considered.

Signature of the tenderer

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(a) Number of days (lease) Required: In cases, where the leaseholder doesn’t want to operate the lease

contract on all the days of service available, then he shall be required to mention the specific day of week (say Monday, Tuesday, Wednesday, Saturday etc) on which he wants to operate the lease contract. If the column is kept blank or written Nil, it will be presumed that the tenderer wants to operate the lease contract on all the days of service available.

(b) Number of days leave required: The tenderer shall mention leave required during a year. The maximum leave during a year should not exceed @ 1 leave after 30 lease operations i.e. maximum 12 leave during a year in case of daily service of the train. If the column is kept blank or written Nil, it will be presumed that the tenderer doesn’t want any Non-Paid leave.

(c) (i) Intermediate loading/unloading facility: The tenderer shall be required to mention the name of intermediate station(s) where he/she/they want(s) to carry out loading/unloading operation.

The condition of loading/unloading of parcel at intermediate station(s) from where the leased VP can only be accepted, if it is found operationally feasible and the intermediate station(s) mentioned by the leaseholder in the tender form have not been restricted by the concerned Zonal Railway/Division for handling of leased parcel traffic. If the column is kept blank or written Nil, it will be presumed that the tenderer doesn’t want any loading/unloading operation at intermediate station.

(ii) After operationalization of parcel leasing contract of Parcel Van (VP/VPU/VPH) by the lease holder, during the currency of contract, on receipt of request from leaseholder, the zonal railway (Division or Zonal Railway HQ) may allow loading/unloading facility at new/additional intermediate stations (which have not been mentioned by the tenderer in the tender form at the time of submission of tender), subject to fulfilment of conditions stipulated in Para c-(i) above and Para 16.2.1 of draft agreement portion of tender document. In such cases, leaseholder shall provide copy of agreement and copy of approval/working instructions issued by concerned Division/Zonal Railway to the concerned intermediate stations(s) before starting loading/unloading operation at that intermediate station(s).

(d) Intermediate loading/unloading facility: The tenderer shall require to mention the name intermediate stations, where he/she/they want(s) to carry out loading/unloading operations and the condition for loading/unloading of parcels at intermediate stations from where the leased VP can only be accepted, if it is found operationally feasible (see item no. 17 of instructions to tenderers).

18. Procedure to grant leave/exempt loading:

(a) Divisions/zonal railways may exempt the leaseholder to load leased Parcel Vans by granting a maximum leave as per declaration made by the tenderer/leaseholder in the tender form.

If a tenderer does not mention any leave or mention “NIL” in the column of leave, no leave will be granted.

(b) If the leaseholder desires to avail leave on any day, he shall be required to give notice atleast 24 hours in advance/before the scheduled departure of the train, to the Chief Parcel Supervisor of the originating station with copy to concerned Division/zonal railway HQ.

On such days, railway can either clear their non-leased parcels by utilizing such space of the train or else lease out the VP on day-to-day basis in case of demand.

(c) This leave may be availed by the leaseholder as per his choice. (d) This leave can be accumulated and be availed of at one time also. (e) In all such cases, adjustment in lumpsum leased freight may be allowed for subsequent/future loading

by the same leaseholder at the station itself, if advance payment of freight is made. (f) For the purpose of granting leave, the year should be counted from the date of commencement of

contract, as mentioned in the agreement.

At the end of each year, accumulated leave would lapse and balance leave at the start of next year would start from “zero”.

(g) In case the leaseholder exceeds the number of leave days as mentioned by him/her/them in the tender form, he/she/they shall to pay full freight of that day.

Signature of the tenderer

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(h) With a view to prevent fraud and leakage of railway revenue, the zonal railways must ensure that the cases, where the leaseholder applies for leave at originating station and the same is granted, the originating station must convey the message to all the concerned Intermediate stations through Commercial Controller/telephonically. On such days, loading should not be done by leaseholder at any of the intermediate station.

If it is found to have been loaded the leased VP by the leaseholder from any of the intermediate station

on the day(s) of leave/exemption/non-loading permission, his/her/their lease contract will be terminated and registration will be cancelled by forfeiting Security Deposit and Registration Fee mentioned under Para 20.

19. Method of determining highest bid:

a) As stipulated in Para 17, the tenderer shall be required to furnish the details in the tender form regarding number of days of operation of lease during a week, number of days of leave, he/she/they wants to avail during the year.

The highest bid will be determined on the basis of total value of earnings offered by the prospective lease holder during the contract period on the basis of declaration/details given by him in the tender form. For example:-

If the tenderer wants to operate lease contract 5 days in a week and desires to avail 9 days leave during a year, the contractual value of his tender will be worked out as per following method –

(i) A tenderer mentions say- Monday, Tuesday, Wednesday, Thursday & Saturday=5 days in a week for operation of lease contract

Total days of operation during a year will be 5 x 52 week = 260 days.

(ii) Leave required during a year-as mentioned by the tenderer in tender form

9 days

(iii) Total number of loading days 260-9 =251 days.

Thus, the tender will be evaluated equivalent to the bid amount for 251 days.

b) With a view to lease out parcel space of the VP for all the number of days of service/train running, the remaining days of service of a week may be offered by the tender committee to the second highest bidder in the same tender. Tender Committee may negotiate with the second highest bidder to match with the rate of highest bidder. If all the days of service are not leased out in such manner, fresh tender may be called for by railway for remaining number of days.

20. If the registration of a leaseholder is cancelled as a punitive measure either for reasons of repeated over-loading 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.

In case of cancellation of registration and thereby forfeiture of registration fee, all his/her/their exiting leasing contracts being operated from that division/zone would also be terminated/cancelled by forfeiting the Security/Performance deposit.

In addition to cancellation, such a leaseholder would be debarred from fresh registration for a period of 5 years. All the Zonal Railways will be informed the name of the firm who has been debarred. Fresh registration will not be done by any of the zonal railways/divisions by the name of such firm/leaseholder for a period of 5 years.

21. The applicant, while submitting his/her/their tender/bid shall be required to give declaration that his/her/their registration has not been cancelled earlier by any zonal railway/division on punitive measures and he/his firm has not been debarred from entering into any new tender. The declaration shall be as under (declaration form is attached as Annexure-“A”):-

i) Whether the tenderer is already registered as leaseholder in any zonal railway/division, if so,

details thereof. ii) Whether the registration has been cancelled by any zonal railway/division, if so details thereof.

Signature of the tenderer

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iii) Whether they have been debarred for fresh registration by any zonal railway/division, if so, details thereof.

iv) Whether any punitive action has been taken by any zonal railway/division, if so, details thereof. v) Whether any railway dues are pending against them at any zonal railway/division.

21.1: If the information/declaration made by the leaseholder is found false at any stage before or after award of the contract or deliberately defrauds with the railway, his/her/their registration will be cancelled and registration fee will be forfeited. In addition to forfeiture of registration fee, his/her/their entire existing leasing contracts being operated from that division would be cancelled.

22. The tenderers must sign each and every page of the tender documents including the instructions to tenderers and terms & conditions of draft agreement, failing which the tender will be rejected.

23. The railway administration reserves the right to cancel the tender notice or withdraw any part of the work even at the last minute without assigning any reason whatsoever.

24. Additional condition, if any and post-tender-opening complaint(s) submitted by the tenderer or other against this NIT will not be considered.

25. Tenders containing erasures and/or alterations of tender documents are liable to be rejected. Any correction made by the tenderer(s) in his/her/their entries must be attested by him/her/them.

26. Rates must be quoted both in words and figures. There shall be no variation in rates. In such an eventuality, the higher rate will be taken as correct and will be taken into account for evaluation of the offer.

27. The contract will be awarded for a period of 05 years. There would be no escalation during the 1st

3 years in lumpsum lease freight. An annual escalation of lumpsum lease freight @ 10% per annum on the lumpsum leased freight of the immediate preceding year shall be applicable from the 4

th year onward.

28. The appropriate court of the place, where the Tender/Offer will be opened, will alone have the jurisdiction to decide any dispute arising out of this NIT.

29. I/We hereby also abide by the corrigendum and addendums as and when issued by the Railway Administration.

30. This tender document contains 5 parts and annexure in 36 pages. a) Front Page : 1 page b) Part-I, Tender schedule : 1 page c) Part-II Tender issuing letter : 1 page d) Part-III Application & schedule of rate : 3 pages e) Part-IV Instruction to tenderers : 6 pages f) Part-V Draft agreement as instruction : 20 pages g) Annexure -“A”,”B”, “C” & “D”. : 4 pages

Each and every page of the tender form must be signed by the tenderer.

Signature of the tenderer

******

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“Tender Form, Part-V” CONTRACT AGREEMENT FOR LEASING OUT OF __________________ BY TRAIN NO. _______________________ FROM _________________ TO ________________________________. Agreement No. _______________________

LOA No. & Date ____________________________

This agreement executed at …………………. On ………… day of ………………………. (month/year) between the President of India, acting through the Divisional Commercial Manager, Tinsukia of N.F. Railway, hereinafter 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, Shri/M/s ………………………………………………………………………. (name and full address of the firm or transporter or the person to whom the parcel space is being leased out) hereinafter called the leaseholder on the other part for leasing of parcel space in Parcel Vans having carrying capacity of 23-tonne by Train name/number …………………………………….for the transportation of parcels…………………..from…………………………to………………………..for a period of ……………… years, 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 Divisional Railway Manager/General Manager of the

________________ Division N.F. 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, Divisional Commercial Manager, ____________ Division/N.F. Railway and their successors and assignees.

C. “Leaseholder” includes legal representatives of the leaseholder. D. “Parcel” means consignments/packages booked at coaching rates and are usually permitted to be

carried by Rail or other passenger carrying trains.

TERMS AND CONDITIONS OF THE AGREEMENT:

1.0: Assured supply of leased parcel space:

1.1: Railway Administration will provide …..-tonne parcel space to the leaseholder in Parcel Van for the transportation of parcel traffic on ………….. (days of leasing i.e. daily/weekly/bi-weekly etc.) by Train No………………….. from ………………………….to ……………………… with effect from……………………….(date/month/year) for a period of………………. years i.e. upto …………………(DD/MM/YY).

1.2: The guaranteed supply of Parcel Vans will be in normal circumstances. In unavoidable circumstances or

operational exigencies, railway shall not be bound to fulfil its commitment. In such circumstances, lump-sum leased freight of that day will be adjusted for next day/next loading.

1.3: Railway Administration shall not give guarantee to supply any specific type of coaching vehicle. In case

of non-availability of VPH having carrying capacity of 23 tonnes, the Railway Administration may supply 18-tonne VP or VPU.

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

2.1: The leaseholder has deposited DD/FDR No…………………….dated …………………..for Rs ………………………………………………………………………drawn at……………………Bank (Scheduled nationalized Bank) valid upto …………………..as Security Deposit in favour of Sr. Divisional Finance Manager, N. F. Railway, Tinsukia as “Performance Guarantee”. In case of performance failure or non-payment of railway dues for whatsoever reason, the Railway Administration shall have the right to encash the same during the period of validity.

2.2: Security Deposit (SD)/Performance Guarantee(PG):

1) The successful tenderer will have to furnish Security Deposit/Performance Guarantee @ 10% of annual contractual value as per lumpsum leased freight (Accepted rates) of the leased parcel space or minimum Rs 4,00,000/- for each VP in the form of DD/FDR. The FDR/DD should be issued by Scheduled/Nationalized Bank valid for the period of contract + three months.

The above Security Deposit shall be deposited by the successful bidder within 15 days from the date of issue of LOA.

2) Similarly SD deposited in cash, shall be refunded only after three months after expiry of the contract period.

3) Railway Administration will not pay any interest on this amount. 4) In case of failure of the highest bidder/allottee of the contract to start the loading within the

stipulated period on account of over bidding or failure to the leaseholder to continue the loading during contractual period without giving notice to the Railway Administration, the SD/PG shall be forfeited.

5) In all cases where an existing contract is terminated by Railway Administration as a punitive measure, the Security Deposit/Performance Guarantee shall be forfeited.

6) “Security Deposit/Performance Guarantee” will be refunded by the Railway Administration in following circumstances:-

(i) After successful completion of contractual period or (ii) Termination of contract by the leaseholder by giving 2 months advance notice or (iii) Termination of contract by the railway administration on operational grounds.

In all such cases, refund of “Security Deposit/Performance Guarantee” shall be subject to clearance of all railway dues.

3.0: Validity of contract and lumpsum leased freight payable:

3.1: The contract will be awarded for the period of 05 years. There would be no escalation during the 1st

3 years in lumpsum lease freight. An annual escalation of lumpsum lease freight @ 10% per annum on the lumpsum lease freight of the immediate preceding year shall be applicable from the 4

th year

onward.

3.2: The contract for leasing will commence with effect from …………………… (date/month/year) and it will remain valid upto ………………… (date/month/year) for a period of ………………. years. The lumpsum leased freight payable for leasing of 23-tonne parcel space in Parcel Van by train No…………………from….…………………..to………………………shall be Rs …………………………………………………………….. for each round trip for 1

st 3 years and annual escalation of

lumpsum lease freight @ 10% per annum on the lumpsum leases freight of the immediate preceding year shall be applicable from the 4

th year onward.

3.3: The leaseholder will load the leased space ……………………. days in a week. The days of Loading will be …………………………………………………………………………………………

4.0: Extension of the Leasing contract:-

No extension will be allowed to any of the parcel leasing contract. However, in case of the expiry of the contract period and non-finalization of new contract due to administrative delay, temporary extension can be granted by CCM in case of only ‘long term & short term contract’ till finalization of new contract or for a period of 3 months, whichever is earlier.

5.0: Escalation in lumpsum lease freight during contractual period:-

5.1: There shall be no escalation of lumpsum lease freight during the contractual period on account of budgetary or any other increase in the tariff rate.

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5.2: However, revision of categorisation of service/train, consequent upon up-gradation of train in higher scale or vice-versa, shall not be made applicable to lease contracts during the currency of the contractual period.

6.0: Levy of Surcharges under the scheme:

6.1: The leaseholder will liable to pay extra 2% (two percent) Development Charge against leased freight at the time of loading along with 5% GST (SGST, CGST, UGST, IGST, as the case may be) as notified by Central/State Government and as amended from time to time and applicable taxes before bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them is duly considered while quoting rates.

Successful tenderer is liable to be registered under CGST/IGST/UTGST/SGST Act and shall submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway immediately After the award of contract, without which no payment shall be released to the contractor. The contractor shall liable for deposition of applicable GST to the concerned authority.

In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GST from his/her/their bills under Reverse Charge Mechanism (RCM) and deposit the same to the concerned authority. 6.2. The surcharge leviable for bulky articles will not be applicable under the scheme as handling/ loading/unloading is done by the leaseholder.

6.2: The surcharge leviable for bulky articles will not be applicable under the scheme as handling/ loading/unloading is done by the leaseholder.

7.0: Payment of lumpsum leased freight:

7.1: Pre-payment of lumpsum leased freight is compulsory under the scheme irrespective of partial/non-utilization of leased parcel space by the leaseholder, except in case of leave or exemption mentioned under Para 12 & 14.

Payment of lumpsum leased freight shall be one day in advance from nominated day of loading; it should be deposited within the business hours of the parcel office.

7.2: If the leaseholder fails to deposit the freight one day in advance from the nominated day of loading, 5% surcharge on lumpsum leased freight will be levied.

7.3: Lumpsum leased freight charges will be calculated as per the lumpsum rate fixed from lease originating to lease terminating station for full parcel space leased out irrespective of its actual utilization.

7.4: In case of leasing of parcel van on round trip basis, 50% of the agreed upon lumpsum round trip leased freight would be deposited at each end.

8.0: Issuance of “Money Receipt”:

8.1: No Railway Receipt will be issued by railway for consignment being transported in leased parcel space.

8.2: In lieu of deposition of lumpsum leased freight in advance, Money Receipt will be issued to the leaseholder for entire capacity of leased parcel space from lease originating to lease terminating station. Details of collection of advance lumpsum leased freight should be given in Money Receipt itself.

8.3: Parcel Way Bill will not be issued in case of leased parcel traffic. Only Money Receipt (MR) will be issued to leaseholder for the amount of advance lumpsum leased freight deposited for entire parcel leased capacity from lease originating to lease terminating station indicating full particulars as per Para 8.2 above.

8.4: Leaseholder shall be liable to produce clear copy of the money receipt as documentary proof in regard to payment of lumpsum leased freight for leased VP of a particular day at any time while transporting his/her/their consignment.

9.0: If expiry of registration falls within the contractual period of any contract, the leaseholder shall be required to renew the registration well before the expiry of registration.

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10.0: After registration of leaseholder, whenever there is change in the name of firm or change in address or

change in premises of firm or change in ownership of firm, the leaseholder shall be required to inform the same immediately to the railway administration by providing necessary documents. If information is not provided to the railway administration by the leaseholder within one month period, his/her/their registration will be cancelled and registration fee will be forfeited.

11.0: Procedure to grant leave/exempt loading:

1) Divisions/zonal railways may, accordingly, exempt the leaseholder to load leased Parcel Vans by granting a maximum leave as per declaration made by the tenderer/leaseholder in the tender form.

If a tenderer does not mention any leave or mention “NIL” in the column of leave, no leave will be granted.

2) If the leaseholder desires to avail leave on any day, he/she/they shall be required to give notice atleast

24 hours in advance/before the scheduled departure of the train, to the Chief Parcel Supervisor of the originating station with copy to concerned Division/Zonal Railway HQ.

On such days, railway can either clear their non-leased parcels by utilizing such space of the VP of that train or else, lease out the VPs on day-to-day basis in case of demand.

3) This leave may be availed by the leaseholder as per his/her/their choice.

4) This leave can be accumulated and be availed of at one time also.

5) In all such cases, adjustment in lumpsum leased freight may be allowed for subsequent/future loading by the same leaseholder at the station itself, if advance payment of freight is made.

6) For the purpose of granting leave, the year should be counted from the date of commencement of contract, as mentioned in the agreement.

At the end of each year, accumulated leave would lapse, and balance leave at the start of next year would start from “zero”.

7) In case the leaseholder exceeds the number of leave days as mentioned by him/her/them in the tender form, he/she/they shall to pay full freight of that day.

8) With a view to prevent fraud and leakage of railway revenue, the zonal railways must ensure that the cases where the leaseholder applies for leave at originating station and the same is granted, the originating station must convey the message to all the concerned Intermediate stations through Commercial Controller/telephonically. On such days, loading should not be done by leaseholder at any of the intermediate station.

If it is found to have been loaded the leased VP by the leaseholder from any of the intermediate station on the day(s) of leave/exemption/non-loading permission, his/her/their lease contract will be terminated and registration will be cancelled by forfeiting Security Deposit and Registration fee mentioned under Para 13.

12.0: Failure of leaseholder to start or operate lease contract:

1) The successful tenderer will have to start work within a period of 15 days from the allotment of the contract, failing which the contract will be terminated and Earnest Money and Security Deposit will be forfeited.

The accepting authority shall be empowered to condone the delay on the merit of the case on written application from leaseholder and give another 15 days (maximum period) to the leaseholder for commencing the contract.

2) If the highest bidder fails to take up or to start the lease contract, he/she/the must be debarred atleast for 02 years from participating in the tender in that Division/Zonal Railway.

3) If the leaseholder, after commencement of loading, fails to load leased parcel space of VP on any specific day without giving any genuine reason and without prior permission of Railway Administration, the lumpsum freight of that day shall be forfeited.

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4) If the leaseholder, after commencement of loading, fails to operate the contract continuously for 10 days without giving any notice, his/her/their contract will be terminated and security deposit forfeited.

5) In case of 3 such failures (in different leasing contracts of the same division) within a period of 5 years, his/her/their registration will be cancelled along with penalties mentioned under Para 13.

6) If it is not feasible for the leaseholder to continue the contract due to fluctuation in the market or any unforeseen reason, leaseholder can terminate the contract by giving 60 days notice to the Railway Administration “subject to completion of one year contractual period”. In such case, SD will not be forfeited.

7) Whenever there is change in originating or terminating station or short termination of service of a train by Railway Administration and leaseholder of existing contract is not willing to continue the contract, he/she/they may be allowed so do so.

In such cases, Security Deposit of leaseholder will be refunded even not fulfilling the condition of 60 days advance notice and condition of completion of one year contractual period (subject to clearance of railway dues) provided a notification to that effect is issued by Railway Administration or CCM certifies that railway is not in a position to run the service from/upto the station as mentioned in the tender notification and agreement after obtaining views of COM.

8) In case of dispute, on the part of railways obligations, where lease contract could not operationalized by the leaseholder or suspended by railway in certain circumstances, like change in loading or unloading point, not providing service, not providing sufficient time for loading or other operational problems, Railway Administration (CCM) shall be empowered to deal with such situation as deem fit, depending upon the merit of the case as they are doing de-facto. If later on, the problem is resolved by railway, the intervening period involved in resolving such disputes (non-operationalization of contract/non-loading by the leaseholder due to disputes) will be treated as ‘dies-non’.

13.0: Cancellation of registration as a Punitive Measure:- If the registration of a leaseholder is cancelled as a punitive measure, either for reasons of repeated over-loading or for repeated failure to start loading after awarding 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.

In case of cancellation of registration and thereby forfeiture of registration fee, all his/her/their exiting leasing contracts being operated from that division/zone would also be terminated/cancelled by forfeiting the Security/Performance deposit.

In addition to cancellation, such a leaseholder would be debarred from fresh registration for a period of 5 years. All the Zonal Railways will be informed the name of the firm who has been debarred. Fresh registration will not be done by any of the zonal railways/divisions by the name of such firm/leaseholder for a period of 5 years.

14.0: Adjustment in advance lumpsum leased freight due to non-loading:

14.1: Railway Administration shall give guarantee to provide leased parcel space of the Parcel Van as per terms & conditions of the agreement. However, in case of railways operational exigencies, such as, termination of train short of destination or cancellation of service/train due to flood/foggy weather, derailment/accident, breach of line, interruption of traffic or any other operational reason, railway administration shall not be held responsible for not providing the guaranteed service for the leased parcel space.

The Railway Administration shall not be held responsible in case of non-supply of leased parcel space on account of non-availability of VP due to being marked sick or due to supply of stock to the higher priority group or any other operational exigencies. In such cases, lumpsum leased freight of that day will be adjusted for next loading.

14.2: Adjustment of lumpsum leased freight: When the leased space is not made available by the railway due to unavoidable circumstances including one of the following:

1) Damage to inside walls of VP due to theft during previous trip,

Signature of the tenderer

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2) Breakage of floor of VP 3) Non-availability of front VP, 4) VP sealed through destination by railway staff at originating station, 5) Carriage of dead body in VP. (Para 14.6 below) 6) Change of platform at the last moment, 7) Restriction to bring parcels on platform due to security arrangements for VVIP movement,

important functions etc.

(a) When restriction is imposed be Security Agencies/Delhi Police on loading/unloading of parcels at Delhi, New Delhi & Nizamuddin stations due to security arrangements in connection with Republic Day or Independence Day celebrations.

(b) In case of parcel leasing contract, which have been awarded by other division/zonal railway for trains, which originate from other than Delhi area but pass through DLI/NDLS/NZM stations and loading/unloading permission for the leased VP is granted at DLI/NDLS/NZM station (being intermediate), may be covered under the ambit of exception loading on the day of restriction, on the occasion of Republic Day & Independence Day on account of security reasons. The exemption for loading of leased VP from originating station may be considered by zonal railways keeping in view the (i) on receipt of written application from the leaseholder and (ii) exemption should be only for such days when the train passes/touches at DLI/NDLS/NZM stations on the day(s) of restriction(during Republic Day & Independence Day).

8) Agitation/strike by railway staff etc. 9) When train is running on diverted root and doesn’t pass through the station(s) where

loading/unloading facility is provided.

14.3: Adjustment of lumpsum leased freight: When the leaseholder is not able to load the parcel space due to unavoidable circumstances including one of the following:

1) Public agitation, Bandh etc. 2) Natural calamities like earthquake, floods, breach etc. or on the day of State/National Elections.

14.4: In case of circumstances mentioned in Para 14.2 & 14.3 above, when parcel space is not utilized for loading for no default of leaseholder, he/she/they shall be exempted from payment of freight for that particular day(s) (Non-loading) subject to verification of circumstances by multi-disciplinary team. If freight is deposited in advance, it may be adjusted against the next loading/payment. In case the freight cannot be adjusted in this manner, then the same may be granted as a refund.

14.5: i) In case of short termination of train service, the leaseholder will be allowed to avail the service upto the destination/train’s terminating station, upto which the train is running & freight shall be collected proportionately upto that destination.

ii) If the leaseholder doesn’t want to avail the service upto short destination, he/she/they may be exempted, provided –

a) An application is made to CCM, for exemption of loading and payment of lumpsum leased freight on the day(s) of such disruption.

b) CCM certifies the operational constrains in consultation with COM.

14.6: Normally dead body should not be carried in the brake van (SLR) and as far as possible; these should be loaded in the Asstt. Guard Cabin of front SLR of those trains, which have not been leased. If no such train is available, then the dead body should be loaded in the Asstt. Guard Cabin of a leased train and the leaseholder granted lumpsum leased freight adjustment for one day’s non-loading.

14.7 In all other cases, if the leaseholder fails to load the VP, advance lumpsum leased freight collected, will be forfeited.

14.8: If the leaseholder has a genuine reason for not loading on that day, he/she/they may prefer a claim for refund which will be dealt with on merits.

14.9: Permission for loading of leased VP on any other day/train in case of force leave: When the leaseholder could not be able to load the leased Parcel Van on account of certain circumstances as mentioned under Para 14.2(3), 14.2 (8) & 14.3 above, if later on, he/she/they desires to load the VP, he/she/they may be permitted to do so, on any other subsequent day within a period of 30 days (from the date of non-loading) with the approval of CCM, if it is operationally and commercially feasible. In such cases, VP will be attached by the same train (if room is available) or any other train in which room is available.

Signature of the tenderer

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15.0: Procedure for preparation of ‘Manifest’ by leaseholder:

15.1: Leaseholder shall be required to prepare detailed “Manifest” (in the prescribed format as given in Annexure “B” for the consignments being transported by him/her/them in the leased VP. Leaseholder shall also give declaration as given in Annexure “C”.

15.2:“Manifest” will mention full particulars of train No, date, details of leased space, details of payment of

lumpsum leased freight, Money Receipt number etc. as per Annexure “B”.

15.3: The leaseholder shall be required to declare the contents of each package of the consignment in the manifest and put up the label (paste on label or through ink) describing the content in each package/consignment to be transported by him/her/them in leased VP. The leaseholder must ensure that before loading, the consignments’ description has been mentioned on each packages/consignment.

15.4: The leaseholder shall be required to prepare detailed manifest for consignment being transported by

him/her/them for each combination for loading and unloading station indicating station-wise details of number of consignments loaded in leased parcel space (VP). However, in case of loading from an originating station to different destinations, only one manifest is required to be submitted by the leaseholder.

15.5: Each “Manifest” will be prepared in 4 copies to be used as follows:

i) 1st

Copy to be retained by the parcel office of loading station as “record”.

ii) 2nd

Copy to be retained by the leaseholder as his/her/their “record”.

iii) 3rd

Copy will be kept in the leased parcel space (VP) near the door, preferably in a transparent polythene folder/bag. This will be retained by parcel office of unloading station as “record”.

iv) 4th

copy to be returned back to the leaseholder duly signed and stamped by the parcel staff of the unloading station. This will serve as an authority to remove/take away the from the railway premises at destination station.

15.6: All the copies of each “Manifest” will be signed by leaseholder or his/her/their authorized representative.

15.7: All the copies of “Manifest” will be signed and stamped by the parcel staff of originating station, who will retain one copy as “record” and return the other copies to the leaseholder.

15.8: Copy of the manifest must be submitted at the parcel office by the leaseholder or his/her/their representative before starting loading in the leased compartment.

15.9: Representative of the leaseholder shall be authorized to take over and remove consignments from station premises on the basis of the 4

th 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.

15.10: The leaseholder shall be prima facie responsible for correctness of entries made in the “Manifest” as well as actual number of consignments physically loaded/available in the leased VP.

In case, numbers of packages found excess than the packages shown in the “Manifest”, a penalty of Rs 5000/- per vehicle shall be recovered even when the weight of the parcels loaded in the vehicle is within the permissible carrying capacity of that vehicle.

In case, the numbers of packages found less than the packages that mentioned in the Manifest, no penalty shall be recovered, provided the total weights of the packages are within the permissible carrying capacity of the vehicle.

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

15.12: Penalty for overloading has been given in Para 20.

Signature of the tenderer

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16.0: Loading/Unloading facility at Intermediate station(s) and Loading/Unloading operation at originating, intermediate & destination stations:-

16.1: Loading/unloading operation of parcel in the leased parcel space at originating /destination and

intermediate stations will be carried out by the contractor or his/her/their authorized representative.

16.2: Loading/Unloading facility at intermediate stations can only be allowed at such stations which are mentioned by the tenderer/leaseholder in the tender from and these stations are not restricted for carrying out loading/unloading operation of leased parcel traffic subject to having stoppage time of the train is 5 minutes or more in case of leased SLR and 10 minutes or more in case of leased VP.

It must be checked that the intermediate stations, where loading/unloading permission is sought by the leaseholder are not restricted by any of the zonal railways for handling of leased parcel traffic.

16.2.1:After operationalization of parcel leasing contract of Parcel Van (VPs) by the leaseholder during the currency of the contract, on receipt of request from leaseholder, the zonal railway (division or zonal railway HQ) may allow loading/unloading facility at new/additional intermediate stations (which have not been mentioned by the tenderer in the tender form at the time of submission of tender), subject to fulfilment of conditions stipulated above, in such cases, leaseholder shall provide copy of agreement and copy of approval/working instructions issued by concerned division/zonal railway to the concerned intermediate station(s) before starting loading/unloading operation at that intermediate station(s).

16.3: Leaseholder shall be liable to produce clear photocopy of the money receipt as documentary evidence in regard to payment of lumpsum leased freight for leased parcel space of VP of a particular train/day at any time while transporting his/her/their consignment.

16.4: Leaseholder shall complete loading/unloading operation within the available time at originating and destination stations after placement of the rake at originating station and before removal of the rake at destination station.

16.5: 03 (three) hours free time from the time at which the parcel/vehicle is placed in position, shall be allowed for loading or unloading of parcel in case the leased parcel van placed at separate terminal at originating and destination station.

16.6: The leaseholder shall complete loading/unloading operation at intermediate station within the scheduled stoppage time of the train at that station. The leaseholder shall give adequate time for sealing of brake vans/parcel vans by the railway staff.

16.7: leaseholder shall padlock the brake van before departure of the train, so that railway staff can complete other formalities including sealing of the brake van.

The originating station must ensure that after completion of loading, the leased VPs are sealed by railway staff. Similarly, intermediate stations, where loading/unloading permission is given, must ensure sealing of VPs before departure of train.

16.8: Leaseholder shall complete his/her/their loading/unloading operation in the leased VP within the scheduled stoppage time of the train at intermediate stations. In no case detention of train shall be permitted at intermediate stations on account of loading/unloading of parcels by the leaseholder.

16.9: In case of detention of a train beyond the scheduled stoppage takes place on account of loading/unloading of parcel by the leaseholder, a fine of Rs.5000/- shall be imposed for each such occasion.

16.10:In case of ordinary passenger train apart from parcels, even bulk commodities of freight traffic are permitted to be carried by leased VPs. Commodities would comprise of either bagged consignment (Food Grain, Cement, Fertilizer etc) or packaged consignment. Loose consignment such as coal, sand etc would not be permitted.

17.0: Placement/withdrawal of rakes on/from platforms:

17.1: At all train originating stations, all efforts should be made to place the empty rake of trains atleast half-an-hour before the scheduled departure of the train. However, in any case (late placement of rake), the leaseholder shall be required to complete the loading operation within the available time and by giving sufficient time to the railway staff for sealing of VP.

Signature of the tenderer

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17.2: At train terminating/destination stations, the leaseholder shall be required to unload all the parcels expeditiously on arrival of the train. The entire parcel should be unloaded before removal of empty rake.

17.3: Normally, the nominated platform of a train for an originating train should not be changed at short notice except in emergency resulting in non-utilization of parcel space by the leaseholder.

17.4: Similarly, at intermediate stations, where loading/unloading is to be carried out by the leaseholder, the platform nomination should not normally be changed except in an emergency.

17.5: In both the above cases, even if such a change is required in an emergency, the train should be placed/received on the adjoining platform face on an island platform, so that the stacked consignment can be loaded without any difficulty.

17.6: In all cases, TXR fitness must be given before placement of rake on the platform and before commencement of loading.

17.7: In all cases, where TXR marks a Parcel Van (VP) as damaged for any reason, a written memo must be given.

18.0: Stacking/Removal of consignments on/from platforms:

18.1: At all train originating stations, leaseholder can stack his/her/their consignments 02 hours before the scheduled departure of the train in case of leased SLRs and 03 hrs in case of leased VPs.

18.2: In case of early morning trains, leaving before 06:00 hours, leaseholder may stack his/her/their consignments after 22:00 hours and keep them overnight at the platform to the extent permissible, only at the originating station.

18.3: Similarly, at train terminating stations, leaseholder must remove his/her/their consignments within a maximum of 2 hours after the actual arrival of the train in case leased SLRs and 03 hours in case of leased VPs.

18.4: In case of late night trains arriving after 22:00 hours, leaseholder may stack his/her/their consignments overnight at the platform upto 06:00 hours to the extent permissible only at the train terminating station.

18.5: At all intermediate stopping stations enroute, where loading/unloading permission has been granted, leaseholder can stack his/her/their consignments 01 (one) hour before the scheduled departure of the train in case of leased SLRs/Parcel Vans. No separate permission is required for this purpose.

18.6: In cases, where clearance from Excise Officials is required for removing the consignment from the platform, extra stacking time may be permitted, which should be 01 (one) hour after the opening of Excise office.

18.7: Parcels 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.

18.8: Chief Commercial Manager of the zonal railway may increase/reduce the stacking time keeping in view the availability of space, traffic load at the station/terminal and restriction imposed by local administration on road movement.

18.9: In case of non-supply of leased parcel van by the railway on account of operational problems or any other reason on the part of railway administration, the leaseholder may be allowed to keep his/her/their parcel for loading without payment of wharfage charges provided sufficient room/space for stacking of such parcels is available at that terminal and there will be no obstruction for other traffic.

18.10: After a leased parcel van has been placed for loading/unloading, the same must be completed within the free time allowed. In case a leased parcel van is detained beyond free time for loading/unloading, normal demurrage charge will be levied.

18.11: In case the leased parcel van could not be attached to the nominated train due to excess detention on account of leaseholder, then the advanced lumpsum leased freight deposited will be forfeited only for the outward journey. The leaseholder has to deposit fresh freight amount for hauling the parcel van on the next nominated day of service.

Signature of the tenderer

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19.0: Over carriage of consignments in VP:

19.1: Leaseholder shall be responsible for unloading his/her/their consignment from leased VP at the station where his/her/their lease terminates.

19.2: In case the lease terminates at intermediate station and if the leaseholder fails to unload his/her/their consignment from the leased VP at the intermediate station, then the normal parcel freight from the leased terminating station to the station of over-carriage and back shall be charged.

19.3: If the leaseholder takes delivery of his/her/their over-carried consignment at the destination station, then normal parcel freight from the lease terminating station upto the station of over-carriage shall be charged.

19.4: However, no charges will be levied in case packages of one station are over-carried/unloaded short of destination at another station by mistake, provided all such stations are in between the lease originating and lease terminating station (For example, in case of lease contract between New Delhi - Chennai, no charges would be leviable in case packages of Agra get over-carried to Bhopal or packages of Chennai get unloaded short of destination at Nagpur by mistake).

19.5: When the leaseholder fails to unload his/her/their consignment from the leased VP at the intermediate stations, where his/her/their lease terminates due to Railways operational reasons, such as termination of train short of destination in case of accident, floods, breach of line, interruption of traffic or any other operational reasons, no extra freight or penalty will be charged.

19.6: When the leaseholder fails to unload his/her/their consignment from the leased VP at intermediate stations, where his/her/their lease terminates due to failure to open doors of SLR, then the leaseholder will be permitted to unload his consignment at the next station or in the opposite direction during the return trip. In all such circumstances, no extra freight or penalty will be charged.

20.0: Weighment, re-weighment and punitive charges for over-loading:

20.1: Loading/unloading will not be supervised by railway staff.

20.2: Weighment of outward leased parcel traffic: The originating station shall weigh atleast 20% of the total leased traffic on daily basis in such a manner that entire leased traffic, originating from station is weighed in rotation (for example, if at a station, 20 SLRs are running on lease, the parcel staff of that station shall weigh the parcel of atleast 04 SLRs daily so that entire leased SLRs i.e. 20 SLRs shall be covered in a week). Records of such weighment should be maintained/kept in Weighment Register.

20.3: Variation in number of packages loaded in vehicle vis-à-vis shown in the “Manifest”:

The leaseholder shall load parcels in each coaching vehicle viz. parcel van & brake van upto the permissible carrying capacity of that vehicle notified by the railway administration. It is the responsibility of the leaseholder to ensure that parcels are loaded in the vehicle upto the permissible carrying capacity.

In case numbers of packages found are excess than the packages shown in the manifest, a penalty of Rs.5000/- per vehicle shall be recovered even when the weight of the parcels in the vehicle is within the permissible carrying capacity of that vehicle.

In case the numbers of packages found are less than the packages that mentioned in the manifest, no penalty shall be recovered, provided the total weights of the packages are within the permissible carrying capacity of the vehicle.

In case overall weight of parcels loaded in the vehicle is detected beyond the permissible carrying capacity of the vehicle, charges/penalty/punitive charges shall be recovered from leaseholder as under –

20.4:Over-loading:

i) Weight of each individual package is not required to be checked. Only the total weight of the consignments loaded in the vehicle would be checked.

ii) If weight of parcels exceeds the permissible carrying capacity of any coaching vehicle viz. Brake vans and Parcel van, Charges/punitive charges shall be recovered from the consignor/leaseholder as follows –

(1) Normal lumpsum leased freight for the weight in excess of permissible carrying capacity of vehicle + (2) punitive charges equivalent to 6 (six) times the freight at Scale “R” for entire excess weight from the originating to destination station irrespective of the point, where such over-loading was detected + (3) a penalty of Rs.10,000/- per vehicle.

Signature of the tenderer

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Levy of penalty on account of over-loading, at the earlier point, doesn’t permit the leaseholder to transport parcels beyond the permissible carrying capacity of vehicle at a later stage or between any legs of its journey. In case of loading/unloading is carried out at intermediate stations, after first checking point, if overloading is detected at later stage, railway administration shall have the right to impose two times the above mentioned penalty.

iii) In addition to the above penalty, Railway will terminate the contract after 4th

(fourth) default by forfeiting Security/Performance Deposit.

iv) 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 the excess weight would be off-loaded at the point of detection and leaseholder will have to take delivery of this part of consignment on ‘as is where is basis’ at the point of detection of overloading. Railway shall not be held responsible for any damage, deterioration or loss to the excess consignment due to offloading of parcels. Overloading of parcels beyond the permissible limit shall in no case be allowed to be carried in the vehicle.

v) In case leased consignments are detained by the railway authority for weighment purpose, no wharfage would be charged.

vi) The Division, where such excess weight is detected, would communicate to the lease allotting Division/Railway, which in turn, will take necessary action like termination of lease, cancellation of registration etc.

20.5: Punitive charges for over-loading in Parcel Vans:

i) Tolerance limit: - With a view to take care of weighment tolerance, a tolerance of 0.5 tonne on permissible carrying capacity may be permitted to take care of weighment scale variation. The limit of tolerance will be applicable only in case of parcel van (VPHs/VPs/VPUs etc).

ii) Punitive charges for loading beyond permissible carrying capacity:- If the weight of Parcel Van exceeds the permissible carrying capacity but it is within the prescribed limit of tolerance, normal freight shall be charged from the consigner/consignee/lease holder for actual weight in excess of permissible carrying capacity of vehicle.

If the weight of parcels loaded in the Parcel Van is found beyond permissible carrying capacity + tolerance, charges/punitive charges shall be recovered from the leaseholder as follows:- (1) Normal lumpsum leased freight for weight in excess of permissible carrying capacity of vehicle + (2) punitive charges equivalent to 6 (six) times the freight at scale “R” for entire excess weight from originating to destination station, irrespective of the point, where such overloading was detected+(3) a penalty of Rs 10,000/- per vehicle.

20.6: In addition to the above penalty, railway will terminate the contract after 4th

default by forfeiting “Security/Performance Deposit”.

Railway Administration shall have the right to terminate that particular contract or even terminate all the contracts running on that division/railway of a leaseholder and cancel the registration of leaseholder in view of seriousness of the case or repeated violation of rules. Imposition of such penalty shall solely be on the discretion of the Chief Commercial Manager (FM) of the zonal railway for tenders finalized at HQ level and Divisional Railway Manager in case of tenders finalized at divisional level.

20.7: Efforts should be made to conduct weighment in presence of the concerned leaseholder or his/her/their representative.

The report of weighment result should be countersigned by the CPS. The party concerned will also countersign on the relevant record.

In case of refusal by party to countersign, then weighment clerk, TXR or RPF staff and CPS of the station will sign the weighment statement and the same will be binding on the both parties.

20.8: Weighment of Parcel Vans (VPHs/VPs/VPUs etc) should be done once preferably at the originating station or at the destination station on an in-motion-weighbridge. As the in-motion-weighbridges are certified by the concerned departments of State Government from time-to-time, second weighment should not be permitted on party’s request.

21.0: Extension of train/Increase in frequency of train:

21.1: In case a train, in which, parcel space has been leased out, is extended beyond its initial originating station or beyond its initial destination station, then the procedure as detailed below should be followed-

Signature of the tenderer

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21.2: The existing leaseholder should be permitted to continue his/her/their lease contract between the pair of stations mentioned in his/her/their contract. It will be assumed that the lease is being operated to/from an intermediate station as the case may be.

21.3: The above arrangement should continue till the expiry of the contractual period in the normal course.

21.4: In case the leaseholder prepared to extend his/her/their lease to cover the newly extended portion also, then the same may be extended and lumpsum leased freight charged should be increased on pro-rata basis as per his/her/their existing leased charges on the extra distance covered.

21.5: However, in case the existing leaseholder is not willing to extend his/her/their lease beyond the starting and terminating stations, for which the contract has been executed, then the division/zonal railway will be at liberty to float fresh tender for the newly extended portion.

21.6: In such a case, it must be ensured that the period of lease for the newly extended portion is co-terminus with the current lease for the earlier run of the train, so that after expiry of the contract, fresh lease can be given for entire stretch from origin to destination.

21.7: In case of increase in frequency of weekly/bi-weekly/tri-weekly trains, the current lease may be extended for the same leaseholder in case he/her/there is/are willing for the same at the existing lumpsum leased freight rate, for the increased number of trips.

21.8: However, the existing leaseholder is not prepared to extend his/her/their lease beyond the current number of trips of the train, then the division/zonal railway will be at liberty to float fresh tender for the increased number of trips.

21.9: In this case also, it must be ensured that the period of lease for the increased frequency is co-terminus with the current lease for the earlier number of days, so that after expiry of the contract, fresh lease can be given for all the days combined.

22.0: Claims compensation:

22.1: In case of leased consignments, Railway Administration shall not be responsible for claim/compensation due to any reason.

22.2: Leaseholder shall carry parcels/packages at his/her/their own risk and shall be responsible both to the railways and to the consignor/consignee for any loss, damage, destruction, deterioration and non-delivery of the parcels/packages or for any act of omission or commission on their part for parcels and its contents loaded in the leased VP.

22.3: Railways 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 States Government or by any officer or

authority subordinate to the Central Government or a 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 of the

goods. ix. Latent defect.

22.4: Railways shall only be responsible to carry the VP from lease originating to lease terminating station with railways seal and lock intact and shall not be responsible for the contents.

22.5: Percentage charges shall not be realised from the leaseholder. However, claim will be settled on merit of the case under railways rules applicable to consignment booked at Owner’s Risk after verification of records; but in no case, it shall exceeds Rs 50/- per KG of the weight of such goods. The railways may call upon the leaseholder to proof the deficiencies by documentary evidence and such other documents as may be deemed necessary before admitting any claim.

22.6: Brake Van will be padlocked by leaseholder and sealed by railway as well.

Signature of the tenderer

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23.0: Theft:

23.1: Loading will not be supervised by railway staff at loading station. If both railways seals and padlocks are in intact condition, railways shall not be responsible in any way, unless there is a specific sign of theft e.g. cutting of the side wall of the VP.

23.2: However, if railways seals as well as padlocks of any of the doors of the leased VP are found tampered with, or in case of damage to the inside walls of the parcel 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 leaseholder.

The condition of vehicle (for example, specific sign of cutting of the side wall or any other vehicle breakage etc) should be certified by multi-disciplinary team and it should be kept for record.

23.3: This FIR can be lodged either at the destination or at any stopping station enroute, where the theft is detected.

23.4: In such cases, parcels from the leased VP will be unloaded in the presence of CPS, RPF and the leaseholder or his/her/their representative. Packages will be compared with the “Manifest” i.e. list of packages accompanying the VP.

23.5: A certificate of discrepancies found will be prepared in triplicate and signed by CPS, RPF and leaseholder or his/her/their representative. A copy of the same would be handed over to the leaseholder or his/her/their representative.

23.6: Balance consignment available in the VP will not be deposited with the RPF or GRP. Leaseholder should be free to take delivery of the remaining portion of his/her/their consignment.

24.0: Identity Cards/Labour Platform Permits/Vehicle pass etc.:

24.1: Divisions/Zonal railways will issue laminated Photo Identity Cards to all registered leaseholders and also for his/her/their 03 authorized representatives for the purpose of their identification in station premises. This will be duly signed by the ACM and shall be valid for 01 year (calendar year) only. On expiry, the same will be re-issued annually.

24.2: Leaseholder, in turn, will issue laminated photo identity card to each of his/her/their labour, duly signed by leaseholder himself/herself/themselves. Labourers’ photo identity card will contain the labourers’ full details inter-alia name of the labourer, gender, age, residential address. The validity of such laminated photo identity card will be per calendar year. New laminated photo identity card will be issued by leaseholder for 01 (one) year (calendar year) and will be renewed every year.

The leaseholder shall be liable to keep all records regarding authenticity and identity of the labourers engaged by him/her/them.

24.3:The laminated photo identity cards, issued by the leaseholder in favour of his/her/their labourers, will be countersigned by Chief Parcel Supervisor (CPS) on behalf of Station Manager(SM)/Station Superintendent (SS)/Station Master. The labourers will be allowed to enter in the platform/railway premises to perform loading/unloading operation from/to leased parcel space on the basis of laminated photo identity card. No separate Platform Permit will be issued

24.4: The details of leaseholder and their labourers will be maintained by CPS. These details will also be provided to SS/SM.

24.5: Numbers of labourers required for handling of loading/unloading operation shall be decided by DCM/Sr.DCM keeping in view the quantum of leased traffic and availability of time to arrange loading/unloading operation in leased VP.

24.6: Checking of labourers should not be resorted to while loading/unloading is in progress and such check should only be conducted after its completion.

24.7: Each leaseholder may be given entry pass for 02 vehicles for each 4-tonne SLR space. This will be issued by CPS (on behalf of SM/SS) and will be valid for 01 (one) year (Calendar year). On expiry of the same, it will be renewed annually.

24.8: With a view to restrict entry of unauthorized persons, only genuine persons/customers should be allowed to come in the parcel office.

Signature of the tenderer

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24.9:Leaseholder shall be required to submit copy of registration certificate, copy of Letter of Acceptance

(LOA) and copy of agreement of the leased contract at intermediate stations (where loading/unloading is permitted) and also at destination station. The leaseholder shall also submit written declaration along with all the relevant details and photographs of his/her/their authorized representative. On receipt of these documents, the CPS (on behalf of SS/SM) of intermediate/destination station will permit the representative of the leaseholder and his/her/their labourers to regulate loading/unloading operation.

The representative of the leaseholder at intermediate/destination station will issue laminated photo identity cards to his/her/their labourers as per the laid down procedure.

25.0: Powers to relax certain conditions of the scheme:

25.1: Zonal railway, in exceptional cases, with the personnel approval of Chief Commercial Manager (CCM), may relax some of the conditions, which have only local bearing and have no financial implications.

These includes issues related to loading/unloading problems, relaxation in the stacking time on account of restriction imposed by local Municipal Administration on road movement for particular peak period (Para 18), issuance of platform permits for more labours (Para 24) etc.

25.2: CCM of the zonal railway may modify some of the conditions of prospective lease contract prescribed in the scheme, which are in the spirit of maximization of revenue but not strictly as per the terms & conditions of the leasing policy. Conditions having financial implication may only be changed with the concurrence of FA & CAO.

25.3: In case, trains run via diverted route or not terminating/originating at/from its original termination/originating station due to natural calamities like earth quake, flood, breach etc, leaseholder shall be exempted, if he/she/they 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.

25.4: CCM may condone forfeiture of lumpsum leased freight on account of non-loading by the leaseholder on receipt of application from the leaseholder and he is satisfied with the reasons mentioned by the leaseholder for non-loading as per Para 14 of the scheme and no fault of leaseholder is established, subject to verification of circumstances of the multi-disciplinary team.

25.5: In case of operational exigencies or reasonable grievances of the leaseholder, when leased VP could not be operationalized, CCM will be authorized to decide such suspended operation during the intervening period on merit of the case (Para 14).

26.0: Right to terminate the lease contract:

26.1: Leaseholder shall have the right to terminate the agreement after serving 60 days notice to railway administration. However, leaseholder shall not be allowed to terminate the contract before one year (10 months+ 2 months notice period) in case of any contract whether it is on short term or long term. In case he/she/they does/do so, his/her/their security deposit shall be forfeited and he/she/they shall be debarred entering into any tender for next two years. But he shall be allowed to operate the existing tenders of other trains, if any.

{The leaseholder can give notice for termination of contract after completion of 10 months. Thus, 10 months + 2 months (notice period) = 12 months period will be completed. After completion of one year period, the leaseholder can be allowed to quit the contract. In such cases, security deposit will not be forfeited}.

26.2: Railways shall have the right to terminate the contract/agreement for any reason whatsoever after serving one month’s notice to the leaseholder. However, railways reserve the right to terminate the contract as a punitive measure without any notice and at any time in case of breach of agreement or serious violation of any of the stipulation of policy/railways rule by the leaseholder or in case of operational exigencies.

However, such instantaneous termination of contract by Railway Administration should be followed by a written intimation of breach of contract within 03 working days of termination.

27.0: Other terms & conditions of the scheme:

27.1: Leaseholder shall be solely responsible for canvassing, acceptance, booking, handling, documentation and delivery of parcels/packages both at originating & destination stations.

Signature of the tenderer

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27.2: Brake Van will be padlocked by leaseholder. In addition to the above padlocking, the brake van shall be sealed by the railway.

27.3: Leaseholder shall load only such commodities, which are permissible to be booked and carried as “Parcel” under prescribed Railway Rules.

27.4: Live-stock will not be permitted in leased VP.

Commodities listed in Red Tariff, offensive, contraband, dangerous, explosive and any other commodities, which are prohibited by the railways or banned by the Civil Authorities from time to time, shall in no case be allowed to be loaded in the leased Parcel Van.

As per above Para, commodities listed in Red Tariff, offensive, contraband, dangerous, explosive, inflammable materials and any other commodities, which are prohibited by the railways or banned by the Civil Authorities from time to time, shall in no case be allowed to be loaded in the leased Parcel Van.

In case of loading of commodities in the leased VP with mis-declaration, penalty shall be imposed as per extant rule.

27.5: In case of false declaration of any commodity, the leaseholder and owner of the goods shall be punishable under section 163 of Railways Act 1989.

27.6: If such articles are found to have been loaded in leased VP, in contravention of the above Para, a fine of Rs 50,000/- shall be imposed on the leaseholder and his/her/their lease contract will be cancelled. He/she/they shall be debarred to participate in the future tenders for one year. However, he/she/they may continue the existing contracts of other trains, if any. In addition to this, he/she/they shall be liable for legal action as per provisions of Indian Railway Act.

In addition to above, his/her/their registration may also be cancelled as per Para 13.0 depending on the seriousness of the offence.

27.7: Leaseholder 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 Railway Act, 1989.

27.8: Any damage caused to the parcel van or to the platform or any other railway property while handling parcels/packages by the leaseholder or their agent at originating/intermediate/destination station will be made good to the railway by the leaseholder. The assessment of damage made by the railway will be final.

27.9: In addition to above, in case of serious violation, leaseholder will also be liable for prosecution as provided for under Indian Railways Act, 1989.

27.10: If it is proved that derailment of a train has been caused by or to have arisen from improper loading or unloading or due to overloading in the leased vehicle on the part or negligence of leaseholder, a penalty of Rs 50,000/- shall be imposed. In addition to this, Railway Administration may terminate all his/her/their contracts and cancel his/her/their registration depending upon the seriousness of incident. In addition to the above, equipment re-railment charges will also be recovered from the leaseholder.

27.11: Leaseholder shall maintain/keep all the records related to transportation of parcels in the leased VP viz. name, address, GSTIN/TIN Number of the consignor and consignee along with details of booking of parcels carried by each customer.

The leaseholder shall be liable to pay various taxes directly to the concerned authority for levy of Sales Tax and any other tax imposed by Central Government or State Government or Municipal Corporation.

27.12: The railways shall reserve the right to open the padlock and seals to tranship the parcels/packages of the leased Parcel Van in unavoidable circumstances like accidents, strike, hot axle etc.

27.13: The railways and other concerned departments shall reserve the right to check the contents of the packages at any time to see that no dangerous, explosive, offensive, contraband or any other banned articles are loaded.

Before opening and checking of the leased VP, permission from Divisional Commercial Manager of the concerned division may be obtained.

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27.14: Some space within the station premises should be earmarked, subject to availability of space by divisions/zonal railways for use of leaseholders for (i) stacking of their consignments and (ii) keeping their trolleys.

27.15: With a view to maintain proper accountal and check on various aspects of leased traffic viz. earnings per trip, type of stock, carrying capacity, details of Money Receipt, accountal of leased earnings in balance sheet, number of leave/non-loading days availed by the leaseholder etc, a pro forma is being attached at Annexure-“D”. All concerned must obtain the same and submit it every month to Sr.DCM/CCM (FM) and Traffic Accounts Office.

27.16: The zonal railways may make efforts to organize loading/unloading operation of leased Parcel Vans (VPs) at separate parcel terminals i.e. outside the passenger handling area at train’s originating and train’s terminating station. This will help the railways to decongest the platform and make space freely available for passengers’ movement.

27.17: All the Books/Registers being used in the parcel office (including Weighment/Re-weighment Register/Message Book) must contain page number at each page of the Book/Register. Chief Parcel Supervisor should ensure for the same.

27.18: All valuable records of parcel office should be kept at a proper place in the parcel office under lock and key.

27.19: All the terms & conditions of FM Circular No. 6 of 2014 with its modifications, alterations will be applicable.

27.20: If expiry of registration falls within the contractual period of any contract, the leaseholder shall be required to renew the registration well before the expiry of registration.

27.21: After registration of leaseholder, whenever there is change in the name of the firm or change in address, or change in premises of the firm or change in ownership of the firm, the leaseholder shall be required to inform the same immediately to the railway administration by providing necessary documents. If information is not provided to the railway administration by the leaseholder within 01 (one) month period, his/her/their registration will be cancelled and registration fee will be forfeited.

27.22: If the information/declaration made by the leaseholder is found false at any stage before or after awarding of the contract or deliberately defrauds with the railway, his/her/their registration will be cancelled and registration fee will be forfeited. In addition to forfeiture of registration fee, all his/her/their existing leasing contracts being operated from that division would be cancelled.

28.0: Dispute Resolution:

28.1: Notwithstanding any provision in this policy, the stipulations of Railway Act, 1989 will prevail. In case of any dispute in interpretation of policy, the decision of railway administration shall be final and binding.

28.2: All disputes in regard to implementation of the policy/agreement with the zonal railway under this scheme will be referred to an Arbitrator nominated by General Manager of the zonal railway.

29.0: Jurisdiction:-

29.1: In case of any dispute, any suit, petition, reference or other filing shall be subject to exclusive jurisdiction of the Court Tinsukia (Assam).

30.0: Recovery of Railways dues:

30.1: Railway Administration reserve the rights to recover/deduct railways’ dues from leaseholders’ “Security Deposit” on the following grounds-

(i) Any amount imposed by Railway Administration as a fine, wharfage, demurrage and punitive charges on over-loading, 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 or his/her/their representative or his/her/their labourers.

Signature of the tenderer

Page 29 of 36

(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 of the amount debited within 15 days period failing which, it will be treated as breach of agreement.

31.0: Restriction on sub-letting or transfer of leased space to other party:

31.1: Leaseholder 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.

31.2: If there are more than one leasing contracts in operation by the leaseholder (defaulter) by the same train or any other train, the Railway Administration will have the right to terminate all the lease contracts, which are in operation by the same train or by any other train.

31.3: Railway 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.

32.0: Liability of the leaseholder in case of any injury or loss or death due to loading/un-loading/stacking/removal of parcels:

32.1: If the labourer or his/her/their 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 railway will not be liable for the same and the leaseholder will indemnify the Railway Administration for such acts.

33.0: Liability of the leaseholder towards payment of Goods & Service Tax/any other taxes:

33.1: Leaseholder shall be solely responsible to pay Goods & Service and other taxes payable to the State Government or Central Government on the commodities/parcels transported by the leaseholder in leased Brake Vans/Parcel Vans etc.

34.0: Abiding labour laws (Regulation and Abolition) Act: 34.1: 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 railways. If railway is liable to pay claim to the labour on any ground, the leaseholder will indemnify the Railway Administration for the same.

34.2: Leaseholder will indemnify the Railway Administration for loss and damages suffered in the violation of any provisions of the contract labour (Regulation and Abolition) Act.

34.3: 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.

35.0: Abiding other rules and regulation and alteration in agreement:

35.1: The leaseholder shall abide by the rules and regulation of the railways and in case of any irregularities, he/she/they shall be liable to pay the fine as imposed by the Railway Administration.

35.2: Amendments and any alternation in the agreement can be made with mutual consent of both the parties.

35.3: In the event of any difference of opinion or dispute between the Railway Administration and the leaseholder as to the respective rights and obligations of the parties hereunder of as to the true intent and meaning of these presents or the articles of conditions thereof. Such difference of opinion shall be referred to the sole arbitrator or any officer appointed by the General Manager, N.F. Railway, Maligaon for the time being, whose decision shall be final, conclusive and binding on the parties. The intention of the parties being that every matter in respect of this agreement must be decided by him as sole arbitrator and not taken to a Civil Court. The appropriate court of the place where the Tender/Offer will be opened will alone have the jurisdiction to decide any dispute arising out of this NIT (Tender Notice) only.

35.4: The leaseholder is bound to accept all terms & conditions issued time to time or any changes of policies i.e. amendment/modification of policy or any instructions received from railway Board or HQ as well as divisional authority during the contract period.

35.5: Notwithstanding any provision in this policy, stipulations of Railway Act, 1989 will prevail. In case of any dispute in interpretation of policy, the decision of railway administration shall be final & binding.

Signature of the tenderer

Page 30 of 36

35.4: The leaseholder is bound to accept all terms & conditions issued time to time or any changes of policies i.e. amendment/modification of policy or any instructions received from railway Board or HQ as well as divisional authority during the contract period.

35.5: Notwithstanding any provision in this policy, stipulations of Railway Act, 1989 will prevail. In case of any dispute in interpretation of policy, the decision of railway administration shall be final & binding.

36.0: Demand for Arbitration:

36.1: 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’, the contractor, after 120 days but within 180 days of this presenting his/her/their final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

36.2: The demand for arbitration shall specify the matter, 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 claim or set off shall be referred to arbitration and other matters shall not be included in the reference.

36.2(a): The arbitration proceeding shall be assured to have commenced from the day after a written and valid demand for arbitration is received by the railway.

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

36.2(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 claim from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

36.2(d): No new claim shall be added during proceeding by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to accepted by Tribunal having due regard to the delay of making it.

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

36.3: Obligation pendency of arbitration–work under the contact shall unless otherwise directed by the Engineer, continue during the arbitration proceedings and no payment due or payable by the railway shall be withheld on account of such proceedings, provided, however, itself be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

36.4:In case, where the total value of all claims in question added together does not exceed Rs 10,00,000/- (Rupees ten lakhs) only, the Arbitral Tribunal consists of a sole arbitrator, who shall be either the General Manager or a Gazetted Officer of Railway, not below the grade of JA Grade, nominated by the General Manager in that behalf. The sole arbitrator shall be appointed within 60 days from the day, when a written and valid demand for arbitration is received by railway.

36.5: The Arbitral Tribunal shall consist of a panel of 03 (three) Gazetted Railway Officers, not below the grade of JA Grade, as the arbitrator. For this purpose, the railway will send a penal of more than 03 names of Gazetted Railway Officers of one or more departments of the railway to the contractor, who will be asked to suggest to General Manager, upto 2 names out of the penal for appointment as contractor’s nominees.

The General Manager shall appoint at least one of them as the contractor’s nominee and will also simultaneously appoint the balance number of arbitrators either from the penal or from outside the penal, duly indicating the presiding arbitrator from amongst the 03 Arbitrators so appointed. While nominating the arbitrators, it will be necessary to ensure that one of them is from the Accounts Department. An officer of Selection Grade of the Accounts Department shall be considered of equal status to the officers in SA Grade of other departments of the railway for the purpose of appointment of arbitrators.

Signature of the tenderer

Page 31 of 36

36.6: If one or more of the arbitrators appointed as above, refuses to act as arbitrators, withdrawn from his

office as arbitrator or vacates his/their office/offices or is/are unable or unwilling to perform his function as arbitrator for reason whatsoever or dies or in the opinion of the General Manager, fails to act without undue delay, the General Manager shall appoint new arbitrator to act in his/their place in the same manner, in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

36.7: The Arbitral Tribunal shall have power to call such evidence by way of affidavits or otherwise, as the Arbitral Tribunal shall think proper and it shall be duty of the parties here to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay.

36.8: While appointing arbitrator(s) as mentioned above, due care shall be taken that he/they is/are not the one/those, who had an opportunity to deal with the matter, to which the contract relates or who in the course of his/their duties as railway servant(s) expressed views on all or any of the matter under dispute or difference. The proceeding of the Arbitral Tribunal or the award made by such tribunal will however, not be invalid merely for the reason that one or more Arbitrator had in the course of his service opportunity to deal with the matter to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under disputes.

36.9: The arbitral award shall state in term-wise the sum and reasons upon which it is based. 36.10: A party may apply for correction of any computational errors any typographical of clerical or any other

error of similar nature occurring in the award and interpretation of a specific point of award to tribunal within 30 days on receipt of the award.

36.11: A party may apply the tribunal within 30 days of receipt of award to make an additional award as to

claim presented in the arbitral proceeding but omitted from the arbitral award.

36.12: In case of the tribunal comprising of three members, any ruling or award shall be made by a majority of members of the Tribunal. In the absence of such a majority, the views of the Presiding Arbitral shall prevail.

36.13: Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date of which the award is made.

36.14: The cost of arbitration shall be borne by the respective parties. The cost shall inter alia include fee of the Arbitrator(s) as per the rates fixed by the Railway Administration from time to time.

36.15: Subject to the provision of the aforesaid Arbitration and Conciliation Act, 1996 and the rules thereunder and any statutory modification thereof shall apply to the arbitration proceedings under this clause.

37.0: All the rules specified/provided in the CPLP, 2014 will be applicable in the contract agreement with its modification/addition/deletion and it will be binding upon both the parties.

38.0: The appropriate court of the place, where the Tender/Offer will be opened, will alone have the jurisdiction to decide any dispute arising out of this NIT.

The execution of this agreement will be in accordance with the existing tariff/manual provisions and policy/procedures issued or to be issued from time to time by the Railway Board or N. F. Railway.

Signature of the tenderer

Page 32 of 36

35.4: The leaseholder is bound to accept all terms & conditions issued time to time or any changes of policies i.e. amendment/modification of policy or any instructions received from railway Board or HQ as well as divisional authority during the contract period.

35.5: Notwithstanding any provision in this policy, stipulations of Railway Act, 1989 will prevail. In case of any dispute in interpretation of policy, the decision of railway administration shall be final & binding.

39.0: Observance of all applicable laws:

Leaseholder shall observe and abide by all applicable laws, rules and regulations for the time being in force inter alia the Contract Labour (Regulation & Abolition) Act, 1970, The Payment of Wages Act, 1936, Minimum Wages Act, 1948, Workmen’s Compensation Act, 1923, Sales Tax, the policy/rules issued by the Railway Board or Zonal Railway on subject issued/matters from time to time etc.

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

Signature Name:

Signature

Name & Designation (ADRM), Tinsukia N. F. Railway

for & on behalf of the President of India Name of the firm/leaseholder

At ……………………………………… (Name of place), on this day of …………………………………….

Witness:

By M/s ……………………………………………………., leaseholder, at …………………………………..

on this ……………………………………. day of ………………………………........................................

In presence of:

Witness: ……………………………………………………………………………………………….............

NOTE: THE TERMS & CONDITIONS OF THIS AGREEMENT ARE PROVISIONAL & SUBJECT TO BE CHANGED.

Signature of the tenderer

Page 33 of 36

Annexure-“A” DECLARATION

I/We herewith declare that:

1. I/We have not tampered /modified the document in any manner. In case, if the same is found to be tampered / modified, I/We understand that my/our tender will be summarily rejected and full Earnest Money Deposit will be forfeited and in case the same is detected after awarding the work, the contract will be terminated.

2. I/We are submitting a Demand Draft/ Money Receipt No.______________ dated __________ issued by ______________________________ for ₹ 2000/- (Rupees Two Thousand) only towards the cost of tender document as per Tender Notice No. .............................................................................................. ..........................................................

3. I/we am/are registered leaseholder in ……………………………………………………. Railway

………………………………... Division of ……………………………..Railway.

4. The Registration Number being …………………………………………………….. valid for a period from ...................

………………… To ……………………………………….

5. My/Our Registration has been cancelled on (date) ………………………..for (reason) ………………....................

....................................................................................................................................................................

....................................................................................................................................................................

6. I/we have been debarred from fresh registration by …………………….Division/zone of ……………....Railway

on( date) ……………………….for a period of …………………….. years.

7. Punitive action has been taken against me/us by ………………………………............ Division/Zone ................

............................................. Railway and the details are ………………………….............................................

……………………………………………………………………………………………………………………………………………………………

………………………………………..........................................................................................................................

...................................................................................................................................................................

8. I/We have paid ₹ ………………….. (Rupees ...................................................................................................

…………………………………………................................) only towards ……………………………………………. …….........

.....................................................................................................................................................................

due to …………………….......... division/zone ……………………...Railway.

I/We hereby declare that all information submitted by me/us is true and correct. In the event, if it is

found to be false at any stage before or after award of the contract or deliberately defraud with the Railway, my/our registration is liable to be cancelled, registration fee forfeited and also my/our existing lease contract shall be cancelled.

Signature of tenderer

(With date, place & contact No.)

Page 34 of 36

Annexure-“B” COMPREHENSIVE PARCEL LEASING POLICY

MANIFEST (To be submitted by leaseholder)

1. Name of leaseholder ...................................... 2. Telephone/Mobile No. .................................... 3. Address .......................................................... 5. Period of lease:

From ......../............/............. 4. Type of lease (Short term ..............................

Long term) To ........../............./..............

6. Parcel space leased out ................................ (SLR/VPH)

7. Train No. ........................................................

8. From (Originating Station) ............................. 9. To (Destination station) .................................. 10. Railway MR No. ............................................ 11. Date of issue of MR ........................................

12. Lumpsum leased freight ................................ 13. Date of loading ...............................................

14. Details of leaseholder:

Name: ............................................................

Address ..........................................................

.........................................................

State : ............................................................

State Code.....................................................

GSTIN No:......................................................

e-mail id : ......................................................

Sl. No.

From To No of packages

Description of consignment

Private Marking Weight

Weight Name and complete address of consignor

GSTN No. and state code of consignor

Name and complete address of consignee

GSTN No. and state code of consignor

Total weight ................................... (Content/description of commodity/goods has been mentioned on each package through past-on-label or through ink)

Signature of leaseholder or his authorized representative

(with date and place) To be countersigned by the Railway Staff of originally/loading station

Page 35 of 36

Annexure-“C”

DECLARATION

(To be printed on the reverse side of the Manifest)

1. In the leased VP, I have loaded only such commodities, which are permissible to be

carried as parcel under the prescribed railway rules.

2. The consignment loaded in the leased VP, are within the permissible carrying capacity of

vehicle & no overloading is done.

3. I shall load the parcels from intermediate station(s) in such a manner that the

weighment of parcel loaded in the leased VP shall not exceed the permissible carrying

capacity of vehicle between any legs of its journey.

4. I have loaded the consignment in such a manner that the packages are evenly

distributed/spread out in the vehicle equally to avoid hazardous situation.

5. Adequate space has been left between roof of the vehicle and the top layer of the

packages loaded in the vehicle to avoid direct contact with the ceiling and electric

lamps/bulbs.

6. I have not loaded the commodities listed in Red Tariff, offensive, contraband, dangerous,

explosive, inflammable materials and any other commodities which are prohibited by

the railways or band by the Civil Authorities from time to time for transportation in the

leased VP. I have ensured that the fuel tanks of 2/3/4 vehicles, loaded in the leased VP,

are completely empty.

7. I have prepared detailed ‘Manifest’ as per the prescribed format for consignments being transported by me in the leased vehicle. Description of each package loaded in the leased vehicle has been given through ink marking or through paste-on-labels. In case of false declaration/non-declaration of the commodity of any packages, the railway administration shall have the right to impose punishment as per rules.

8. I shall by solely responsible for claims, compensation for consignments carried by me in the leased vehicle. I will not prefer any claims towards damage, destruction, deterioration of any consignment which occurred during transit.

9. I hereby declare that I have followed all the safety norms as per the contract agreement.

I had personally supervised the loading and ensured that the above declaration is true and correct. I shall be responsible if any from the above stipulation is found in correct/false.

Signature of leaseholder or

his/her/their authorized representative (With date & place)

Page 36 of 36

Annexure-“D”

PROFORMA OF CASH BOOK FOR LEASED PARCEL TRAFFIC

Name of the leaseholder, M/s ……………………………………………. for the month of ……………20__

Parcel space leased out (VPH) …………. Train No. ………… From …………….. To ………………......

Type of lease (short term or long term) …………………….. period of lease from ….…../………./20___ to

……/……/20…..

Date of lease

operation

Leased amount

Permissible CC

Details of amount deposited Reasons for non-loading Money

Receipt No Date of

MR Amount

(Rs) Leased amount paid for

date

Total

(Separate account should be maintained for each leaseholder) SUMMARY OF THE MONTH

Opening Balance (Balance freight from previous month)

Total No. of loading days during the month

Actual No. of days loading done during the month

Total amount deposited during the month and taken in the Balance Sheet

Total No. of leave days during the month

Actual No. of days leave availed during the month

Closing Balance To be carried forward to the next month

Total No. of non-loading days during the month

Actual No. of non-loading days availed

Signature of Chief Parcel Clerk

Date: _______________

Name of station: __________________ Signature of tenderer