Southern Railway - Indian Railway

SOUTHERN RAILWAY

Madurai Division Tender Notice No. U/C.14/AC Waiting Hall/TEN/DG/RMM/2017 Dt.08.8.2017

Separate Sealed tenders for each Railway station are invited by the Sr.Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai- 625 016 on behalf of President of India for the contract for manning the Air Conditioned Passengers Waiting Hall at the following Railway stations for a period of Three years. Sl.No

Station Location of the AC Waiting hall

Reserve Price

Cost tender form(In Rs.)

Earnest money

Deposit in Rs.

1 Tirunevleli Platform No.1(near SMR Room)

11,25,301 2360 22510

2 Dindigul Platform No.3 under Foot over Bridge(Near Duty SM Room)

2,86,447 1180 5730

3 Rameswaram Existing upper class waiting hall nearby SM Room.

2,79,761 1180 5600

Tenders should be submitted separately for each station in the prescribed tender form only, which can be obtained from the undersigned on producing a cash receipt paid to the Sr.Divisional Cashier(Pay), Southern Railway, Madurai-16 towards cost of the tender form. The cost of the tender form is non- refundable. Non-transferable tender documents containing detailed description of the schedule for Air Conditioned Waiting Hall and other terms and conditions can also be downloaded from www.sr.indianrailways.gov.in and submitted with Demand Drafts towards cost of tender form and Earnest Money Deposit drawn in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai-16. Those who wish to obtain the tender form by post may furnish a crossed Demand Draft towards cost of tender form duly adding Rs..500/- as postage and other charges payable at Madurai.

The downloaded tender form should be enclosed with Demand Draft towards cost of tender form drawn in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai-16. The Railway Administration shall not be responsible for any delay/difficulties/non-accessibility for the downloading facility for any reason whatsoever. If the date of tender opening happens to be declared Govt. holiday, tender will be opened on the next working day.

Last date and time for obtaining tender form from office/downloading from website:

Up to 17.00 hrs. On .11.9.2017

Last date for remittance of EMD at Sr.Divisional Cashier (Pay) Southern Railway, Madurai-625 016

Up to 15.00 hrs On 12.9.2017

Date and time for receipt of tender documents in sealed covers.

Between 10.00 hrs. and 15.00 hrs On 13.9.2017

Date & Time for opening of tenders At 15.30 hrs. On 13.9.2017

The tender documents can also be downloaded from Southern Railway Web site (www.sr.indianrailways.gov.in) and submitted along with the cost of tender documents in the form of DD drawn in favour of Sr. Divisional Finance Manager, Southern Railway, Madurai Division , Madurai - 625016. Downloaded tender documents submitted without DD towards cost of tender form will be summarily rejected. Tenders without original DD towards earnest money deposit will be treated as invalid & rejected. Sr.Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai-16. For and on behalf of President of India

SOUTHERN RAILWAY

Madurai Division

Tender Notice No. U/C.14/AC Waiting Hall/ TEN/DG/RMM/2017 of 08.8.2017

1 Name of the Work Contract for manning the Air Conditioned

Passenger Waiting Hall at Tirunelveli, Dindigul and Rameswaram Railway stations for a period of three years. The contractor should provide AC Plants, Mother Feeding Cabin, LED Television and borne the charges of water and Electrical consumption and maintain the hall in an elegant way.

2 Location of AC Waiting Hall

Tirunelveli Dindigul Rameswaram

Platform No.1 Platform No.3 under Foot over Bridge (Near Duty SM Room)

Nearby Duty SM Room

3 Reserve Price

11,25,301 2,86,447 2,79,761

4 Cost of Tender form

2360 1180 1180

5 Earnest Money Deposit

22510 5730 5600

6 Period of Contract Three years

7 Last date and time for obtaining tender form from office/downloading from website

Up to 17.00 hrs. on 11.9.2017

8 Last date and time for remittance of EMD at Sr.Divisional Cashier(Pay), Madurai-16

Up to 15.00 hrs. on 12.9.2017

9 Date and time for receipt of sealed tender documents in sealed covers.

Between 10.00 hrs. and 15.00 hrs. on 13.9.2017

10 Date and time for opening of tender At 15.30 hrs. on 13.9.2017

11 Enclosures Each tender should be accompan - ied by separate demand drafts drawn in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai-16 towards EMD and Cost of tender form.

12 . Website address www.sr.indianrailways.gov.in

INSTRUCTIONS OF TENDERERS REGARDING TENDER FORMS

DOWNLOADED FROM INTERNET 1. Tender form is to be down loaded from the internet and printout is to be taken on A4

size paper and details are to be entered by the tenderer as required in the document. It is advisable that the down loaded tender document be printed through laser printer only. Submission of photocopy of tender document is prohibited.

2. The tender document (in full) downloaded along with the various documents required to be submitted as per the tender conditions in a sealed cover duly superscribing with the name of the work, tender notice no. and date, submission of tender downloaded from the internet etc. and the same should be dropped in the tender box kept in the office specified in the tender document before the date and time stipulated in the tender document.

3. The cost of tender document will have to be deposited by the tenderer in the form of bank draft payable in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai Division, Madurai-625 016 along with the tender. This should be enclosed as a separate Demand Draft. A single demand draft for the cost of tender form and Earnest Money Deposit will not be accepted. Tender not accompanied with the demand draft towards the cost of the tender document will be summarily rejected.

4. The earnest money deposit required for this work as stipulated in the tender document also to be submitted separately.

5. Tenderers are advised to download tender documents well in advance and submit the tender before the stipulated time. It is the responsibility of the Tenderer to check any correction or any modifications published subsequently in Web site and the same shall taken into account while submitting the tender. Tenderer shall down load corrigendum (if any), print it out, sign and attach it with the main tender document. Tender document not accompanied by published corrigendum/s is liable to be rejected. The Railway will not be responsible for any postal delays/delay in downloading of tender document from the internet.

6. The tenderer may please note that the rate for items should be written in figures and in words by black or blue ball point pen only. Each page of tender document should be signed by the tenderer.

7. Tenderer/s are free to download tender document at their own risk and cost for the purpose of perusal as well as for using the same as tender document for submitting the offer. Master copy of the tender document is available in the concern office inviting tender. After award of work an agreement will be prepared based on the master copy of tender document available in the above mentioned office. In case, any discrepancy between the tender document downloaded from the internet and the master copy, latter shall prevail and will be binding on the tenderer/s. No claim on this account will be entertained.

8. If any change/addition/deletion is made by the Tenderer/Contractor and the same is detected at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated at his/their risk and cost. The tenderer is also liable to be banned from doing business with Railways and/or prosecuted.

9. The following declaration should be given by the tenderer while submitting the tender:

Signature of the tenderer

Declaration (a) I/We have downloaded the tender form from the internet site

www.sr.indianrailways.gov.in and I/We have not tampered/modified the tender forms 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 I/We am/are liable to be banned from doing business with Railways and/or prosecuted.

(b) I/We submitting a demand draft No.---------------------- dated ---------- issued by ------------------------ for Rs. ------------------- towards the cost of tender form

Signature of Tenderer:

Date Address.


SOUTHERN RAILWAY Madurai Division

TENDER DOWNLOADED FORM

TENDER NOTICE NO: No.U/C.14/AC Waiting hall/ TEN/DG/RMM /181 Dt. 08.8.2017

DUE ON 13.9.2017

To

Sr.Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai – 625 016.

From:


SOUTHERN RAILWAY Instructions to Tenderers, Tender Form, General Conditions of Tender, for manning the Air Conditioned Passenger Waiting Hall on --------------(location) at Tirunelveli, Dindigul and Rameswaram Railway Stations. The contractor should provide AC Plants, Mother Feeding Cabin, LED television, and maintain the hall in an elegant way for a period of Three years.

---------------------------------------------------------------------------------------------------------- INSTRUCTIONS

1. The Tender Forms are not transferable. 2. Tenderers are requested to read carefully all the Clauses of the

General Conditions of the Tender and Agreement before submitting their Tender.

3. Money must not be enclosed with the Tender. 4. Tenderer should submit entire tender booklet duly signed in all pages

otherwise the tender is liable to be rejected. ---------------------------------------------------------------------------------------------------------- 1. Tenderer’s Name : (in BLOCK letters) 2. Address & Telephone Number : Pin: Telephone No : Mobile No :

3. Cost of Tender Document Rs. ……………………………… paid vide Demand draft No………………………dated ……………….. issued by

4. Tender form issued by :


TENDER FORM Full Name : (in BLOCK LETTERS) Son/Wife of : Full Address (Permanent place of residence) To The President of India Thro’ Sr.Divisional Commercial Manager,. Southern Railway, Madurai Division, Madurai-625 016. Sir, Sub: Tender for the license for manning the Air Conditioned Passenger Waiting Hall at ------------------------Railway Station. The contractor should provide AC Plants , Mother Feeding Cabin, LED television LED television, and borne the charges of water and Electrical consumption and maintain the hall in an elegant way for a period of Three years. .

***** 1. I/We have read and understood the General conditions of contract. In the event of my/our tender being accepted, I/We promise to abide by the said Rules and conditions. 2. Subject to the conditions given in the General conditions of the Tender, I/we hereby tender to the President, Union of India owning Southern Railway through the Sr.Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai-625 016, hereinafter called “Railway Administration” for the license for Manning the Air Conditioned Passenger Waiting Hall at -------Railway Station on payment to the Railway Administration the license fee as specified hereunder

I/We agree to pay to the Railway administration as license fee for manning the Air Conditioned Passengers Waiting Hall on -------(location). at --------------- Railway Station for a period of Three years.

In figures:

I/We agree to payGST@18% on license fee quoted. I/We also agree to provide at own/our cost the AC Plants, Mother Feeding Cabin, LED television, required for the AC waiting hall. Signature of the tenderer

3. I/We state that I am …….. years old (State the age) and I am physically and mentally fit to man the Air Conditioned Passenger Waiting Hall at ----------- Railway station to the entire satisfaction of the Railway Administration. (Note: In the event of the partnership firm please state the name, age and permanent addresses of all the partners separately along with this tender). 4. I/We agree that I/We will not withdraw the offer before the Railway Administration accepts or rejects the same on or before 120 days (ONE HUNDRED AND TWENTY DAYS) from the date of opening of tender whichever is earlier and in the event of my/our withdrawing the same, the Earnest money deposit of Rs. ___________shall be liable to be forfeited by the Railway Administration. I/We agree to pay the Security Deposit @10% of the contract velue as indicated in the tender form and to take up the license WITHIN FOURTEEN DAYS from the date of acceptance of the awarding of Tender. 5. In the event of failure on my/our part to comply with all or any of these conditions, within the time mentioned, the EMD of Rs.--------------and also the Security Deposit shall be forfeited and appropriated by the Railway Administration not as a penalty but as ascertained liquidated damages without prejudice to any right of the Railway administration to claim damages from me/us for breach contract. 6. In the event of it is disclosed that my/our account is found to be false and I/We are minors, I/We agree that my/our Tender is liable to be summarily rejected by the Railway Administration who shall be the sole judge and whose decision shall be final. 7. I/We also agree that I/We have noted the location of the Air Conditioned Passengers Waiting Hall and I agree to man the AC Waiting hall located at----------------------------------------Railway Station. 8.(a) In the case of Group/Co-operative Society of unemployed educated youths, (a) it is hereby declared that the Tenderer is a Group/co-operative Society of unemployed educated youths registered with the Registrar of Co-operative Societies of the state of Tamil Nadu. The Registration Certificate issued by the Competent Authority and also a true copy of the bye laws of the Group/Co-operative Society should be .submitted. (b) It is hereby declared that each member of the Group/Co-operative Society is educated and unemployed and they are between 18 and 30 years of age. The names and other details of the Members of the Group/Co-operative Society are furnished below:-

Sl. No.

Name Age Educational Qualification

Full Postal Address

(The names of all the Members with the above details should be given). In the event of it is disclosed that if any account if found to be false and either anyone of us are below 18 and/or over 30 years and already employed. We agree that our Tender is liable to be summarily rejected and the decision of the Railway Administration shall be final. Signature of the tenderer

(c) We also undertake that if our Tender is accepted, to notify to the Railway Administration during the tenure of the license, if any of the members of our Group/Co-operative Society seeks employment and to abide by the directives of the Railway Administration in their continuation of the Membership of such person in our Group/Co-operative Society. (d) We further agree that we shall not disband/dissolve the Group/Co-operative Society formed by us without the knowledge of Railway Administration and all the members of the Group/Co-operative Society shall be collectively responsible for the fulfillment of the terms of the License. (e) We further agree and undertake to do all the work connected with the management of Air Conditioned Passenger Waiting Hall ourselves. We will not sublet or assign the duties to any person.

Yours faithfully,

(Signature) Enclosures. 1. Original Demand Draft (towards Earnest money deposit) No……………………………………... dt. ……………….. for Rs…………………………………… 2. Others including GSTIN registration (Specify)


GENERAL CONDITIONS OF TENDER 1.All tenders must be addressed to the Sr.Divisional Commercial Manager, Southern Railway, Madurai Division, Madurai-625 016 and must reach him not later than 15.00 Hrs. on ------------------(time and date)in a Sealed cover duly super scribed “Tender for Maintaining the Air Conditioned Passengers Waiting Hall located at---------- in ------------------------- Railway Station.” The contractor should provide AC Plants, Mother Feeding Cabin, LED television and borne the charges of water and Electrical consumption and maintain the hall in an elegant way. Tenders received after 15.00 hrs.(time) on 13.9.2017(date) will not be considered. The administration will not be liable for any delay in transmission through post or otherwise. The tenders will be opened at 15.30 hrs. on the same day and the tenderers may be present if they so desire.

2.Tenders should be submitted in person only. Tenders by any other mode like register post or Telegram will not be accepted. 3.Tenders shall be submitted in the enclosed form only failing which they will not be considered. 4.(a) Tenders by firms shall be in the Firm’s name signed on behalf of the firm by the person authorized in this behalf. In case of partnership firm, the name of all the partners with their full postal address should be furnished with the tender and if the firm is registered under the Indian Partnership Act of 1931, the registration number of the firm should also be given. The partner who is signing a tender form should hold a power of Authority in his favour to act for and on behalf of the partnership firm. In case of a joint Hindu family the tender must be signed by the Manager expressly as such Manager.

(b )In case of Group/Co-operative Society of unemployed Educated Youths, the details as required in Para-8 of the Tender form should be declared clearly. The person who is signing a Tender form should hold clear authorization in his/her favour to act for and on behalf of the Group/Co-operative Society.

5.Tender form from any party who is directly or indirectly connected with the Railway Administration will not be considered. But this does not prevent a company from tendering on the ground that one of its share holder is an employee in the Railway Service or a family from tendering on the ground that one of the members of the family is employed in the Railway Administration. 6.The Tenderer/s is/are required to declare his/their age to the satisfaction of the Railway Administration. No license will be given to a minor/minors under any circumstances. The applicant(s) should produce confirmatory documentary evidence viz. A Matriculation Certificate. Municipal Birth Certificate or School Leaving Certificate or a Baptismal Certificate or some other reliable document to the satisfaction of the Railway when required. Under no circumstances the Horoscope will be accepted as valid documents in support of the age declared by the applicant. In the event of any failure to produce documentary evidence for the age declared or in the event of age declared being found to be false and the Tenderer is found to be a minor on the date of submitting the tender such tender is to be rejected. 7.(a) The amount of Tender should be legibly written in ink in figures and words. This should not include ground rent etc. (b) Tenders containing erasures or alterations without proper attestation or omissions are liable to be rejected. ( c) In case of discrepancy between amount quoted in figures and words the latter will prevail. Signature of the tenderer

8.(a) The Tenderers shall be required to deposit a sum of Rs. _________towards Earnest Money Deposit either in the form of Demand Draft taken in favour of Sr. Divisional Finance Manager, Southern Railway, Madurai Division, Madurai – 625 016 from any nationalized or Schedule Banks or to remit in cash at Sr.Divisional Cahier(Pay),Southern Railway, Madurai-16 and the Demand Draft/Original Cash receipt should be enclosed along with the tender form.

The tenderer should keep the offer open till acceptance/rejection thereof is communicated by the Railway Administration or till ONE HUNDRED AND TWENTY DAYS from the date of opening of tenders whichever is earlier. (b) It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of the stipulation on his part that after submission of his tender, he will not rescind from his offer or modify the terms and conditions thereof in a manner not acceptable to the Railway Administration. Should the tenderer fail to observe or comply with said stipulation; the aforesaid EMD amount shall be liable to be forfeited to the Railway. 9.(i) The earnest money deposit in any other form will not be acceptable towards the Earnest Money deposit referred on in para 8 (a) above and (ii)No interest will be allowed on the Earnest money deposit. Tenders will not be considered unless the Earnest Money Deposit has been paid. 10.The earnest money deposit of Rs._______ /-(Rupees___________) deposited by the licensee will be adjusted with the first half yearly license fee. 11.Each tender must be accompanied by the following: (a)The Demand Drafts taken in favour of Sr. Divisional Finance Manager, Southern Railway, Madurai Division, Madurai – 625 016 towards Earnest money deposit. (b) The Demand Drafts taken in favour of Sr. Divisional Finance Manager, Southern Railway, Madurai Division, Madurai – 625 016 towards cost of tender form. (c) An attested copy of the certificate of registration issued by the Registrar of Co-operative Societies or other authorized officer and true copy of the bye-laws of the Group Co-operative Society (in the case of Group/Co-operative Societies). (d) In the case of a Partnership firm, the copy of the Partnership deed, along with the copy of the certificate of Registration issued by the Competent Authority. (e) The copy of the Power of Authority executed by all other partners authorizing the Managing Partner to sign the tender document should also be enclosed with the tender document. 12. Tenders submitted without properly and fully complying with the tender requirements will be disqualified and will not be considered. 13. (a) The successful tenderer shall remit an amount equivalent to 10% of the contract value by Demand Draft drawn in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai-625 016 or in any one of the following options as Security Deposit within 14 days from the date of issue of LOA. No interest will be payable upon the Security Deposit. After the satisfactory and successful completion of the work, the Security Deposit will be refunded.


i) Bank Guarantee from any Nationalized Bank. ii) Deposits receipts of approved Bankers for required amount of period. iii) Government of India Securities at Market value or National Savings Certificate or Treasury savings Certificate. iv) Twelve year National Defence Certificate/or ten year defence Bonds at their surrender value. v) Railway Bonds issued by Indian Railway Finance Corporation Ltd, New Delhi. (b) If the contract is rescinded, the Security Deposit will be forfeited and the balance work shall be got done independently at the risk and cost of the original contractor. (c) The original contractor shall be debarred from participating in the tender for executing the balance work. (d) In the event of any adjustment by the Railway on any amount from the Security deposit, the contractor shall reimburse and recoup the said amount within 14 days from the date of communication of such adjustment by the Railway so that the advance/security deposit shall always be equivalent to the amount as prescribed by the Railway Administration. e) The successful tenderer shall be required to execute an Agreement in the prescribed form. 14. (i) The successful tenderer must deposit to the Railway Administration in advance at the time of initial award of the contract a sum equivalent to six months license fee as advance license fee within 14 days of the date of acceptance of the tender and communication of the same and execute an agreement in the prescribed form. (ii) The successful tenderer should pay the license fee in half-yearly periods, each payment being made one month in advance of the half year to which it relates. Payment of license fee after the due date will attract levy of penalty for belated payment of license fee as liquidated damages @ 1.5% per month from the actual due date of payment. 15. Should a tenderer whose tender has been accepted and communicated decline or fail to remit the six months advance license fees as referred to in Para-14 above and also execute an agreement in the prescribed form and take up the license within 14 days from the date of acceptance of tender the Earnest money deposit will be forfeited by the Railway administration as ascertained liquidated damages. 16. The successful tenderer shall provide at his own cost AC equipment of sufficient capacity in the waiting hall. The cost of the equipment and installation will be borne by the successful tenderer. The type of AC equipment, the capacity will be as prescribed by the Railway and installation, wiring etc. will be done under the supervision and approval of Railways. 17. The maintenance and repair of the AC equipment shall be the responsible of the successful tenderer for the entire contract period. 18(a) The successful tenderer shall apply to Sr.DEE/General/Madurai Division for power supply. Power supply shall be given on payment of charges as prescribed by the Electrical Department. It will be the responsibility of the successful tenderer to apply and get the necessary electrical connections. Signature of the tenderer

18 (b) The successful tenderer shall provide LED television with necessary dish/cable connection. However no commercial publicity will be allowed to be displayed. 18 (c) The successful tenderer shall create partition to provide a mother feeding cabin. 18(e) Cleaning and maintenance of toilets and the hall should be the responsibility of the successful tenderer. He shall employ cleaning staff round the clock and keep the hall and toilets neat and clean. All necessary cleaning equipments such as brooms, mops, brushes, soap oil, cleaning liquid etc. and other essentials like room freshner, buckets, mugs, soap dispenser, waste bins and floor mats shall be provided by the contractor. It will be the responsibility of the contractor to maintain highest standard of cleanliness to fit the ambience of the AC waiting hall. 18 (f), Minor repairs to the water taps, hose pipes, flush outs and fused bulps, and other any electric fittings should be replaced by the contractor. 18.(g) The AC waiting Hall should be maintained in an aesthetically appealing manner. 19.The Successful Tenderer shall not have claim for any compensation in case of reduction in the number of users of the AC Waiting hall due to any reason. The fees to be levied and collected from the passenger for using the AC Waiting Hall on PF No. _____at _______ Railway station are as follows:

Rs.20/- per head per hour or part thereof (inclusive of all taxes

including GST) (a) GST @ 18% on license fee will have to be paid in addition to license fee to

be quoted in the tender form.

b)The contract is only for manning the AC Waiting hall and not for any other purpose. c) The contractor should not interfere with the various amenities provided in

the hall, in whatsoever way and no interference should be done with the cleaning work.

d) The allotment should be only to persons in possession of valid travel authority. Charges should not be collected for kids below 5 years.

e) Computerized billing or hand held terminal should be provided for billing purposes and proper records should be maintained mentioning the Date, No. of passengers, time of occupation, ticket Number and the charges collected etc.,.

f) Charges should be collected from the Railway employees also for occupation of the waiting hall.

g) The contractor shall not have claim for any compensation in case of reduction in the number of users of the waiting hall.

h) The Contractor and his employees shall be courteous in their dealings with the users of the waiting hall.


i) The contractor shall be responsible for exhibiting in a conspicuous place the fees chargeable.

i) The Divisional Railway Manager of the Railway Administration and his authorized representatives shall have free access at all times to the said premises to check the correctness of the receipts issued and available with the contractor and other aspects whatsoever.

j) In the event of violation of any of the conditions stipulated above, the Railway Administration shall impose fines as deemed fit, not only for each instance of complaint from users, but also for each instance of overcharging if noticed and reported by any inspecting official of the Railway Administration.

20. Under no circumstances should the Licensee demand or collect any extra amount other than those prescribed herein above. 21. The successful Tenderer or his agent must be at the Air Conditioned Passengers Waiting Hall daily from 00.00 to 24.00 hrs. or such periods as may be specified from time to time by any authorized official of the Railway Administration. 22. The successful tenderer shall not assign, sublet or transfer the license either on whole or in part. If it is found out that the license has been assigned or sublet either in part or in full, the Railway Administration will terminate the contract without any notice duly forfeiting the security deposit as ascertained liquidated damages. 23. No separate communication relating to the tender must be addressed by the tenderer to the officer or any other person of the Railway Administration but all explanatory or qualifying remarks which the tenderer may desire to make must be recorded in the tender form in the space provided for this purpose. 24. In the case of Group/Co-operative Society, the Members of the Group/Co-operative Society should do all the work connected with the Management of the Air Conditioned Passengers Waiting Hall themselves and shall not sublet or assign any part of the work to any person other than the Members of the Group/Co-operative Society except in so far as on labourer and shall not employ anyone for the work. Atleast one member of the Group/Co-operative Society should be available in the Air Conditioned Passengers Waiting Hall daily from 00.00 to 24.00 hrs. or such periods as may be prescribed from time to time by any authorized official of the Railway Administration. 25. The Railway Administration reserves to itself the right to reject all or any of the tenders without assigning any reasons and is not bound to accept the highest. 26.Further, the Railway Administration reserves to itself the right to accept/negotiate with anyone of the tenderer needless of the priority of the offer the particular tenderer had made. Signature of the tenderer.

27.The charges pertaining to Electricity consumption & water consumption of the A/C waiting hall should be borne by the successful tenderer. Settlement of Disputes- Indian Railway Arbitration Rules. 28. Matters Finally determined by the Railway: In the event of any question, dispute or difference arising under these conditions or

any special conditions of contract, or in connection with this contract (except as to any

matters) the decision of which is specially provided by these or the special conditions

i.e. excepted matter (non arbitrable), the same shall be referred to the Sole arbitration

of an arbitrator in terms of the Arbitration and conciliation Act, 1996 as amended by

Abitration and conciliation (Amendment Act, 2015 – Arbitrator shall be a person

possessing a qualification as under:

a) a retired Railway officer not below SAG level 3 years after his date of

retirement.

b) Age of the arbitrator at the time of appointment shall not exceed 70 years and

shall be appointed by GM, Southern Railway.

c) The retired Railway officer being appointed as arbitrator will not be of those who

had an opportunity to deal with the matter to which the contract relates or who

in the course of his duties have expressed views on all or any of the matters

under disputes or difference.

The award of the arbitrator shall be final and binding.

In the even of arbitrator dying , neglecting or refusing to act or resigning or

being unable to act for any reason or his award being set aside by the Court for

any reason, it shall be lawful for the authority appointing arbitrator to appoint

another arbitrator in the place of outgoing arbitrator in the manner aforesaid.

It is further a term of contract that no person other than the person appointed by

General Manager as afore said should act as the arbitrator and that is for any

reason i.e. not possible then the matter is not to be referred to arbitration at all.

. The cost of the arbitration shall be bound by the parties equally. It is further a

term of this contract that where arbitral award is for the payment of money not

interest shall be payable on whole or any part of the money for any period till

the date on which the award is made.

All disputes and differences of any kind whatsoever arising out of or in

connection with the license, whether during the progress of the work or after its

completion and whether before or after the determination of the license, shall be

referred by the licensee to the General Manager and the General Manager shall

within 120 days after receipt of the contractor’s representation make and notify

decisions on all matters referred to by the contractor in writing provided that

matters for which provision has been made in clauses 8, 18, 22(5), 39, 43(2),

45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1) to (xiii) (B) of General

Conditions of contract or in any clause of the special conditions of the contract

shall be deemed as “excepted matters” (matters not arbitrable) and decisions of

the Railway authority, thereon shall be final and binding on the license:

provided further that “excepted matters” shall stand specifically excluded from

the purview of the arbitration clause.


28. (1) (i) Demand for Arbitration:

In the event of any dispute or difference between the parties hereto as to the construction or operation of this license, 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 licensee may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 30 of these conditions, the licensee after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration. 28.(1)(ii) (a) The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference (s) in respect of which the demand has been made, together with counter claims or set off. Given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference. 28.(1)(ii) (b) The parties may waive off the applicability of sub-section 12(5) of Arbitration and Conciliation (Amendment) Act 205, if they agree for such waiver, in writing, after dispute having arisen between them, in the format given under Annexure XII of these conditions. 28.(1)(iii)(a) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b) The claimant shall submit his claim stating the facts supporting the claims alongwith all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. (c) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter; unless otherwise extension has been granted by the Tribunal. (d) “Place of arbitration: The place of arbitration would be within the geographical limits of Madurai Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties”. 1 (1)(iv) No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by the Tribunal having due regard to the delay in making it. 28 (1)(v) If the Licensee(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railway that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims. 28 (2) Obligation during pendency of arbitration: Work under the license shall, unless otherwise directed by the Senior Divisional Commercial Manager, Madurai Division, Southern Railway, Madurai - 16, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, Signature of the tenderer

however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. 28 (3): Appointment of Arbitrator: 28 (3) (a) Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act has been waived off: 28 (3)(a)(i) Appointment of Arbitration Tribunal: In cases where the total value of all claims in question added together does not exceed Rs.1,00,00,000/- (Rupees One Crore only), the Arbitral tribunal shall consist of sole arbitrator who shall be a gazetted officer of Railway not below JA grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. 28 (3)(a)(ii) In cases not covered by Clause 61 (3) (a)(i) the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade or 2 Railway Gazetted officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG officers as the arbitrators. For this purpose, the Railway will send a panel of atleast four(4) names of Gazetted Railway officers of one or more departments of the Railway which may also include the name(s) of retired Railway officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. The licensee will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint atleast one out of them as the Licensee’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. 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 arbitrator. 28(3) (b): Appointment of Arbitrator where applicability of Section 12 (5) of A & C Act has not been waived off: The Arbitral Tribunal shall consist of a Panel of three (3) Retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of atleast four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. The licensee will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint atleast one out of them as the contractor’s nominee and will also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so Signature of the tenderer

appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Licensee’s nominees. While nominating the arbitrators, it will be necessary to ensure that one of them has served in the Accounts Department. 28 (3)(c)(i) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any 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/arbitrators 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). 28 (3)(c)(ii) (a) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral tribunal shall think proper, and it shall be the duty of the parties hereto 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. The arbitral Tribunal should record day to day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements. (b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea submitted/objections raised by any party, if any regarding appointment of Arbitral Tribunal validity of arbitration agreement. Jurisdiction and scope of the Tribunal to deal with the dispute (s) submitted to arbitration applicability of time limitation to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by all the members of tribunal should be provided to both the parties. 28.(3) (c)(iii) (i) Qualification of Arbitrator (s) (a) Serving Gazetted Railway Officers of not below JA Grade level. (b) Retired Railway Officers not below SA Grade level, three years after his date of retirement. (c) Age of arbitrator at the time of appointment shall be below 70 years. (ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (ii) While appointing arbitrator(s) under sub-clause 60.(3)(a) (i), , 60.(3)(a) (ii) & 60.(3)(b) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters 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 matters under dispute or differences. The proceedings 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 matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. 28 (3)(d)(i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from. Signature of the tenderer

28 (3)(d)(ii) A Party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of Tribunal within 60 days of the receipt of the award. 28 (3)(d)(iii) A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 28.4 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 Arbitrator shall prevail. 28.5 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 on which the award is made. 28.6 (a)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 Board from time to time and the fee shall be borne equally by both the parties provided parties sign an agreement in the format given at Annexure II to these condition after/ while these disputes to Arbitration. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/ are appointed by the Railway Administration or by the Court of Law unless specifically directed by Hon’ble Court otherwise on the matter. (b)(i) Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed by Railway Board from time to time. (ii) Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided within six months. 28.7 Subject to the provisions of the aforesaid, Arbitration and Conciliation Act 1996 and the rules there under and relevant para of General Conditions of Contract (GCC) and statutory modification thereof shall apply to the appointment of arbitrators and arbitration proceedings under this clause.

Sr. Divisional Commercial Manager,

Southern Railway, Madurai Division, Madurai - 16 for and on behalf of the President of India.

AGREEMENT FOR MANNING THE AIR CONDITIONED PASSENGERS WAITING HALL ON PF NO. AT RAILWAY STATION.

An agreement made this day of Two Thousand _______ between the President of India owning the Southern Railway, represented herein by the Divisional Railway Manager (Commercial), , Southern Railway, Madurai Division, Madurai-625016 hereinafter called the “Railway Administration” which expression shall wherever the context admits includes his assigns and successors of one part and _______________________ hereinafter called the “Licensee” which expression wherever the context admits shall be deemed to include his/their respective heirs, executors, administrators, legal representatives, his successors and permitted assigns on the other part for the purpose for manning the Air Conditioned Passengers Waiting Hall on PF No..1 (one) at ---------------------------- Railway Station.

NOW THIS AGREEMENT WITNESSETH

1.That this Agreement shall be deemed to have come into force and have effect from the Day of Two Thousand and shall unless determined under any provision hereinafter contained in that behalf remain in force for a period of Three years and be terminable on the day of Two thousand provided always that it shall be lawful for either party to determine this agreement without assigning any reason of such determination by giving the other party SIX MONTH’s PRIOR NOTICE in writing of his intention to terminate the agreement, Provided also that the termination of this agreement under this clause or any clauses therein contained shall not be deemed to prejudice or affect any claim or any right of Indemnity which the Railway Administration have against the licensee in respect of any breach of any of the conditions of the Agreement herein prior to the termination of the said agreement. Any notice sent to the licensee by Registered Post to the above mentioned address unless any change therein shall have been notified in writing to the Railway Administration obtaining due acknowledgement thereof shall be considered as proper and sufficient for any purpose in connection with this agreement. 2.That the Railway Administration grant the said Licensee the sole right of collecting fees from passengers using the Air Conditioned Passengers Waiting Hall on PF No.____at ------------------ Railway Station in the manner and under conditions hereinafter specified during the continuance of this Agreement. Now the Licensee does hereby covenant and agree as follows: 3. The fees to be levied and collected from the passenger, for using the AC Waiting hall on PF No.__1__at ------------------- Railway Station are as follows: Rs.20/- per head/ per hour or part thereof (inclusive of all taxes including GST) a) GST @ 18% on license fee will have to be paid in addition to license fee to be quoted in the tender form. b) The licensee should provide AC Plants, Mother feeding Cabin, LED television and maintain the A/C waiting hall in an elegant way.

c) The furniture shall be provided by Railway Administration. d) The licensee shall not claim any compensation for any damages caused to Plant and machinery provided by him/them in case of damages/repair in. the A/C waiting hall.

Signature of the Tenderer :

e) The licensee shall provide LED television with necessary dish/cable connection. However no commercial publicity will be allowed to be displayed. f) The licensee shall create partition to provide a mother feeding cabin

g) The contract is only for manning the AC Waiting hall and not for any other additional purpose.

h) The licensee should not interfere with the various amenities provided in the hall, in whatsoever. The cleaning work should be done by the licensee.

i) The allotment should be only to genuine Sleeper Class/Upper Class Passengers.

j) Computerized billing or hand held terminal should be provided for billing purposes and proper records should be maintained mentioning the Date, No. of passengers, time of occupation, ticket Number and the charges collected etc.,.

k) Charges should be collected from the Railway employees also for occupation of the waiting hall. Charges should not be collected for kids below 5 years.

l) The licensee shall not have any claim for any compensation in case of reduction in the number of users of the AC Waiting Hall due to any reason. The Railway Administration does not guarantee for the adequate number of Passengers in relation to the license fee offered by the contractor..

m) Under no circumstances should the licensee demand or collect any extra amount other than that prescribed herein above (para-3).

n) In the event of violation of any of the conditions stipulated above, the Railway Administration shall impose fines as deemed fit, not only for each instance of complaint from users, but also for each instance of overcharging if noticed and reported by any inspecting official of the Railway Administration.

4. (i) The Licensee shall agree to man the AC Waiting hall located on --------- at ---------------- Railway station. 5. The Licensee or his agent or in the case of the Co-operative Society at least one member of the Society shall be at the AC Waiting Hall between 00.00 hrs. to 24.00 hrs daily or such period as may be prescribed by duly authorized officer or officers of the Railway Administration. 6. APPLICABLE TO CO-OPERATIVE SOCIETY ONLY. The Licensee further agrees that the member of the Group/Co-operative Society shall do all the work connected with the manning the AC Waiting hall themselves and they shall not employ other than the members of the Group/Society for any work connected therewith. 7. (i). The Licensee shall be suitably clothed, clean and orderly while available at the Air Conditioned Passengers Waiting Hall. The licensee shall also supply neat uniforms of brown colour pant and shirt to the employees at his/her cost. In case of women employees employed at the AC waiting hall, the uniforms should be of brown colour saree and blouse. Name badges and photo identity cards should also be supplied to the employees by the licensee at his/her cost duly submitting copies of the same to the Railway administration. The Licensee should also ensure wearing of uniforms and name badges and possession of identity cards by the employees during their duty hours. Any violation of this clause will attract levy of penalty as deemed fit by the Railway Administration for each instance of violation. (ii) The Licensee and his employees shall be courteous in their dealings with the users of the AC Waiting Hall. Signature of the Tenderer :

8 (i). The Licensee shall be responsible for exhibiting in a conspicuous place the fees chargeable on AC Waiting Hall. (ii) The fees chargeable Board should indicate the actual charges that the Licensee should collect from the users of the AC Waiting Hall as per this Agreement. In addition to this, the Board should indicate the name and full address of the Licensee, the period of his contract and if any subsequent extension is given, that should also be indicated. A Complaint Book with phone number should be kept at the gate of the Waiting hall in order to enable the public to lodge complaints. A complaint box sealed by concerned Station Superintendent should also be provided. 9. The Divisional Railway Manager of the Railway Administration and his authorized representatives shall have free access at all times to the said premises to check the correctness of the receipts issued and available with the licensee and other aspects whatsoever. 10. The Licensee accepts liability for compensation in accordance with the provision of the Employee’s Compensation Act, 1923 or any statutory modification thereof for the time being in force, for personal injury caused to workmen by accident arising out of and in the execution of the work under this contract and shall indemnify the Railway Administration from and against all payment by way of compensation or otherwise which the Railway Administration may be called upon to make under the provision of the said Act to any such workmen as aforesaid and any costs incurred by the said Act to any such workmen as aforesaid and any costs incurred by such worker against the Railway Administration and from and against all actions, claims and demand whatsoever in respect thereof or in respect of any loss, injury or damage whatsoever to any third person arising out of or occasioned by the negligence, imperfect or improper performance of this contract by the Licensee, his workmen, servants and agents. Any money which may become payable to the Railway Administration as aforesaid shall be deemed to be moneys payable to the Railway Administration by the Licensee and on failure by the Licensee to repay to the Railway Administration any money paid by it as aforesaid within seven days after the same has been demanded, the Railway Administration shall be entitled to recover the same from the sum deposited under Clause-21 of this Agreement and/or from any money due by the Railway Administration to the Licensee. 11. The Licensee shall observe and perform all the provisions of the Payment of Wages Act (ACT IV of 1936) or any statutory modification thereof for the time being in force and any rules and regulations made there under with regard to the payments of wages to all persons employed by him under this contract and shall indemnify the Railway Administration from and against any claims under the Act by on behalf of any persons employed by him and in respect of any application by any inspector appointed under the Act relating to the breach of non-performance by the Licensee of any of his obligations under the Act and any costs incurred by the Railway Administration in connection with any such claims or applications. In compliance with the terms of this contract, the Licensee supplied any labour to be used wholly or partly under the direct orders and control of the Railway Administration be such labour shall for the purpose of this Clause still be deemed to the person employed by the Licensee. If any moneys shall as result of any claims or applications as aforesaid be ordered to be paid by the Railway Administration the same shall be payable by the licensee.


12. The licensee shall not employ any labourer below the age of 18 years. The Licensee hereby agrees to indemnify the Railway Administration from and against all claims and penalties which may be suffered by the Railway Administration by reasons of any default on the part of the Licensee in the due observance and performance of the provisions of the Employment of Children Act XXVI of 1938 or any other re-enactment or modification of the same. 13. The successful tenderer shall not assign, sublet or transfer the license whether in full or in part. If it is found out that the License has been assigned or sublet either in full or in part the Railway Administration will terminate the contract with a notice of one month duly forfeiting the security deposit as liquidated damages. 14. (i) The contractor shall remit an amount equivalent to 10% of the contract value by way of Demand Draft drawn in favour of Sr.Divisional Finance Manager, Southern Railway, Madurai Division, Madurai-16 or in any one of the following options as Security Deposit within 14 days from the date of issue of LOA. No interest will be payable upon the Security Deposit. After the satisfactory and successful completion of the work, the Security Deposit will be refunded. 14.a) Approved Bankers Bond from any Nationalised Bank. b) Deposits receipts of approved Bankers for required amount of period. c) Government of India Securities at Market value or National Savings Certificate or Treasury savings Certificate. d) Twelve year National Defence Certificate/or ten year defence Bonds at their surrender value. e) Railway Bonds issued by Indian Railway Finance Corporation Ltd, New Delhi. (ii) If the contract is rescinded, the Security Deposit will be forfeited and the balance work shall be got done independently without risk and cost of the original contractor. (iii) The original licensee shall be debarred from participating in the tender for executing the balance work. iv)) In the event of any adjustment by the Railway on any amount from the Security deposit, the licensee shall reimburse and recoup the said amount within 14 days from the date of communication of such adjustment by the Railway so that the advance/security deposit shall always be equivalent to the amount as prescribed by the Railway Administration. 15. The Licensee shall pay a sum of Rs.__________/- (Rupees ________________________ only) as license fee for a period of three years in half yearly instalments , each payment being made one month in advance of the half yearly term to which it relates as follows: Sl No. No. of Instalment License Fees GST Due date (Paid on or before) 1 1st instalment 2 2nd instalment 3 3rd instalment 4 4th instalment

5 5th instalment 6 6th instalment 16. Notwithstanding anything contained in Clause 15 of this Agreement the Railway Administration shall at its discretion to enhance the license fee commensurate with the increased traffic, market condition etc., based on the periodical review undertaken. Signature of the Tenderer :

17. The Licensee shall further pay the Railway Administration rent which shall be decided by the Railway Administration in proportion to the Municipal Tax and all Taxes, charges or other dues as assessed currently by the Municipality or local authority in respect of the area occupied by him and agree further to pay any increase in the amount, if the municipality or local authority revises tax subsequently and shall also reimburse the Railway Administration the cess and all taxes which the Railway Administration pays the Municipality or local authority or the State or Central Government in respect of the said land or premises in proportion to the land occupied by the Licensee. 18. The charges pertaining to Electricity consumption & water consumption of the A/c waiting hall should be borne by the licensee. 19. (i) The Licensee shall not alter, vary or add in any way interfere with the electric installations covered by this License, except by operating the switch and controlling the light which has been provided for and at the cost of the Railway Administration. (ii) The Licensee shall not transfer or sublet or assign the privileges mentioned in this Clause without the prior consent in writing of the said Divisional Railway Manager. (iii) The Licensee shall not be entitled to any claim against the Railway Administration for any damage, loss etc., which the Licensee may sustain on account of fire or other causes. 20. In the event of failure on the part of the Licensee in the payment of license fee due to the Railway Administration within the stipulated time, the Licensee is liable to pay liquidated damages at the rate of one and a half percent (1 ½%) per month or part thereof (i.e. 18% per annum) the date being reckoned from the due date of actual payment. In case the Licensee still fails to remit the Railway dues within One month from the date of actual due date of payment, the Railway Administration shall terminate the license without any notice duly forfeiting all the security available with and evict the Licensee from Railway premises without any prejudice. 21. a). For the event of unsatisfactory performance of overcharging of fee the Railway Administration shall impose fines as deemed fit, not only for each instance of complaint from users, on excess collection, but also for each instance of overcharging if noticed and reported by any inspecting official of the Railway Administration. The Railway Administration also have the right to terminate the contract on receipt of complaints from users or reports from inspecting officials about overcharging, by giving two months notice period. b) In the event of the Licensee failing to fulfill any of the conditions specified above the Railway Administration shall have the right to immediately terminate the License. If the License is so terminated and determined, the Railway Administration shall have right to enforce and encash the Bank Guarantee or FDR,etc., representing the Security Deposit and also the whole or any of the installments paid by him shall be absolutely forfeited and he shall have no claim or compensation for any loss thereby occasioned or on account of the salary/or any compensation or other remuneration paid or payable to any member of his staff sent out of employment. 22. In the event of the death of the Licensee, the legal heirs of the deceased (viz. Wife, Husband, Son, Daughter, Widowed dependant Daughter/Daughter-in-law) may be allowed to continue the unexpired portion of the contract purely at the discretion and permission of the Government on production of the Legal Heirship Certificate subject to fulfilling the terms and conditions stipulated in the agreement. 23. Notwithstanding anything contained herein, in the event of failure to pay the License Fee, Municipal Tax within the stipulated time by the Licensee, the Railway Signature of the Tenderer :

Administration may at its discretion, forfeit the entire Security Deposit or part thereof and/or terminate the contract forthwith. 24. In case the entire Security Deposit or part thereof is forfeited and if the Railway Administration permit the licensee to continue the License which shall be at the sole discretion of the Railway Administration, the Licensee shall make good the entire Security Deposit or part thereof as the case may be within fifteen days from the date of receipt of the advice by the Railway Administration notifying the Licensee of the continuance of the contract. 25. In the event of violation of any of the conditions stipulated in the agreement, the Railway Administration shall impose fines as deemed fit, not only for each instance of complaint from users, but also for each instance of overcharging if noticed and reported by any inspecting official of the Railway Administration. 26. The Licensee shall not be entitled to any free pass or season ticket at reduced rates over the Railway for himself or for his servants in connection with the License. 27. The cost of the stamp duty of this Agreement shall be borne by the licensee. 28.This agreement shall at all times be open to revision and amendment by the Railway Administration after giving one month’s notice in writing of such revision or amendment at the end of which time any revision or amendment shall take effect unless the Licensee has objected thereto in writing within 15 days after the receipt of the said notice. 29. If any dispute, difference or question shall arise between the Railway Administration and the Licensee as to the respective rights, duties and obligations of the parties hereto or as to the constructions or interpretations of any of the terms and conditions of the Agreement as to its applications (except the decision whereof it herein expressly provided for) then the same shall be referred to the Chief Commercial Manager of the Southern Railway Administration whose decision shall be final. 30. Subject as otherwise provided in this Agreement all notices to be given on behalf of the President of India and all other action to be taken on his behalf may be given or taken on his behalf by the Divisional Railway Manager (Commercial), Madurai Division, Southern Railway, Madurai-625 016.. Settlement of Disputes- Indian Railway Arbitration Rules. 31. Matters Finally determined by the Railway: In the event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this contract (except as to any matters) the decision of which is specially provided by these or the special conditions.

i.e. excepted matter (non arbitrable), the same shall be referred to the Sole arbitration

of an arbitrator in terms of the Arbitration and conciliation Act, 1996 as amended by

Abitration and conciliation (Amendment Act, 2015 – Arbitrator shall be a person

possessing a qualification as under:

a) a retired Railway officer not below SAG level 3 years after his date of

retirement.

b) Age of the arbitrator at the time of appointment shall not exceed 70 years and

shall be appointed by GM, Southern Railway.


c) The retired Railway officer being appointed as arbitrator will not be of those who

had an opportunity to deal with the matter to which the contract relates or who

in the course of his duties have expressed views on all or any of the matters

under disputes or difference.

The award of the arbitrator shall be final and binding.

In the even of arbitrator dying , neglecting or refusing to act or resigning or

being unable to act for any reason or his award being set aside by the Court for

any reason, it shall be lawful for the authority appointing arbitrator to appoint

another arbitrator in the place of outgoing arbitrator in the manner aforesaid.

It is further a term of contract that no person other than the person appointed by

General Manager as afore said should act as the arbitrator and that is for any

reason i.e. not possible then the matter is not to be referred to arbitration at all.

. The cost of the arbitration shall be bound by the parties equally. It is further a

term of this contract that where arbitral award is for the payment of money not

interest shall be payable on whole or any part of the money for any period till

the date on which the award is made.

All disputes and differences of any kind whatsoever arising out of or in

connection with the license, whether during the progress of the work or after its

completion and whether before or after the determination of the license, shall be

referred by the licensee to the General Manager and the General Manager shall

within 120 days after receipt of the contractor’s representation make and notify

decisions on all matters referred to by the contractor in writing provided that

matters for which provision has been made in clauses 8, 18, 22(5), 39, 43(2),

45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(1) to (xiii) (B) of General

Conditions of contract or in any clause of the special conditions of the contract

shall be deemed as “excepted matters” (matters not arbitrable) and decisions of

the Railway authority, thereon shall be final and binding on the license:

provided further that “excepted matters” shall stand specifically excluded from

the purview of the arbitration clause.

31. (1) (i) Demand for Arbitration:

In the event of any dispute or difference between the parties hereto as to the construction or operation of this license, 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 licensee may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 30 of these conditions, the licensee after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration. 31.(1)(ii) (a) The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference (s) in respect of which the demand has been made, together with counter claims or set off. Given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference. 31.(1)(ii) (b) The parties may waive off the applicability of sub-section 12(5) of Arbitration and Conciliation (Amendment) Act 205, if they agree for such Signature of the Tenderer :

waiver, in writing, after dispute having arisen between them, in the format given under Annexure XII of these conditions. 31.(1)(iii)(a) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b) The claimant shall submit his claim stating the facts supporting the claims alongwith all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. (c) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter; unless otherwise extension has been granted by the Tribunal. (d) “Place of arbitration: The place of arbitration would be within the geographical limits of Madurai Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties”. 1 (1)(iv) No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by the Tribunal having due regard to the delay in making it. 31 (1)(v) If the Licensee(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railway that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims. 31 (2) Obligation during pendency of arbitration: Work under the license shall, unless otherwise directed by the Senior Divisional Commercial Manager, Madurai Division, Southern Railway, Madurai - 16, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings. 31 (3): Appointment of Arbitrator: 31 (3) (a) Appointment of Arbitrator where applicability of Section 12 (5) of Arbitration and Conciliation Act has been waived off: 31 (3)(a)(i) Appointment of Arbitration Tribunal: In cases where the total value of all claims in question added together does not exceed Rs.1,00,00,000/- (Rupees One Crore only), the Arbitral tribunal shall consist of sole arbitrator who shall be a gazetted officer of Railway not below JA grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM. 31 (3)(a)(ii) In cases not covered by Clause 61 (3) (a)(i) the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade or 2 Railway Gazetted officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG officers as the arbitrators. For this Signature of the Tenderer :

purpose, the Railway will send a panel of atleast four(4) names of Gazetted Railway officers of one or more departments of the Railway which may also include the name(s) of retired Railway officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. The licensee will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint atleast one out of them as the Licensee’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. 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 arbitrator. 31(3) (b): Appointment of Arbitrator where applicability of Section 12 (5) of A & C Act has not been waived off: The Arbitral Tribunal shall consist of a Panel of three (3) Retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of atleast four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. The licensee will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint atleast one out of them as the contractor’s nominee and will also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of Licensee’s nominees. While nominating the arbitrators, it will be necessary to ensure that one of them has served in the Accounts Department. 31 (3)(c)(i) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any 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/arbitrators 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). 31 (3)(c)(ii) (a) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral tribunal shall think proper, and it Signature of the Tenderer :

shall be the duty of the parties hereto 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. The arbitral Tribunal should record day to day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements. (b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea submitted/objections raised by any party, if any regarding appointment of Arbitral Tribunal validity of arbitration agreement. Jurisdiction and scope of the Tribunal to deal with the dispute (s) submitted to arbitration applicability of time limitation to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea for interim measures of protection and record its orders in day to day proceedings. A copy of the proceedings duly signed by all the members of tribunal should be provided to both the parties. 31.(3) (c)(iii) (i) Qualification of Arbitrator (s) (a) Serving Gazetted Railway Officers of not below JA Grade level. (b) Retired Railway Officers not below SA Grade level, three years after his date of retirement. (c) Age of arbitrator at the time of appointment shall be below 70 years. (ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (ii) While appointing arbitrator(s) under sub-clause 60.(3)(a) (i), , 60.(3)(a) (ii) & 60.(3)(b) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters 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 matters under dispute or differences. The proceedings 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 matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. 31 (3)(d)(i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from. 31 (3)(d)(ii) A Party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of Tribunal within 60 days of the receipt of the award. 31 (3)(d)(iii) A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 31.4 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 Arbitrator shall prevail. 31.5 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 on which the award is made. 31.6 (a)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 Signature of the Tenderer :

Railway Board from time to time and the fee shall be borne equally by both the parties provided parties sign an agreement in the format given at Annexure II to these condition after/ while these disputes to Arbitration. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/ are appointed by the Railway Administration or by the Court of Law unless specifically directed by Hon’ble Court otherwise on the matter. (b)(i) Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed by Railway Board from time to time. (ii) Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided within six months. 31.7. Subject to the provisions of the aforesaid, Arbitration and Conciliation Act 1996 and the rules there under and relevant para of General Conditions of Contract (GCC) and statutory modification thereof shall apply to the appointment of arbitrators and arbitration proceedings under this clause. 32. Except as otherwise provided herein, any arrangement oral or written, abandoning, varying or supplementing this contract or any of the terms hereof shall be of no effect and shall not be valid or binding or enforceable unless and until the same is incorporated in a formal supplementary agreement in writing and signed by the parties thereof. 33. IN WITNESS THEREOF the Divisional Railway Manager(Commercial), Madurai Division, Southern Railway, Madurai - 625016 for and on behalf of the Railway Administration acting in the premises and on behalf of the President, Union of India and the Licensee have hereunder set their respective hands on the day and the year first above written.

Signed by the Licensee Signed by…………..

(Licensee) Divisional Railway Manager (Commercial)

Southern Railway, Madurai Division.

For and on behalf of the President,

Union of India

In the presence of In the presence of

I Witness II Witness

Documents

Southern Railway - Indian Railway