Mother Dairy Calcutta P.O. Dankuni Coal Complex, District ...motherdairycalcutta.com/wp-content/uploads/2018/09/TenderDocument.pdf · application of hot bitumen and to provide G I

Mother Dairy Calcutta P.O. Dankuni Coal Complex, District: Hooghly (W.B.) Pin: 712310.

TENDER FOR JOB CONTRACT FOR CLEARING, TRANSPORTATION AND DELIVERY OF MILK IN POLYPOUCHES FROM MOTHER DAIRY CALCUTTA/LOADING POINT TO RETAILERS/STOCKISTS/DISTRIBUTORS/INSTITUTIONS IN AND AROUND KOLKATA, HOWRAH, HOOGHLY, NADIA AND 24-PARGANAS(N&S) DISTRICT THROUGH VEHICLES INCLUDING LOADING AT THE DAIRY/LOADING POINT, UNLOADING OF CREATES AT THE DELIVERY POINTS AND BRINGING BACK THE EMPTY CREATES.

Ref: PUR/TENDER-050/PPMT/ Date: 04.09.18. Tenders are invited for two years job contract for clearing, transportation and delivery of milk in polypouches from Mother Dairy Calcutta/loading point to retailers/stockists/distributors/institutions in and around Kolkata, Howrah, Hooghly, Nadia and 24-Parganas(N&S) district through vehicles including loading at the Dairy/loading point, unloading at delivery points and bringing back the empty creates. Interested bidders are requested to download all the tender documents from 'wbtenders.gov.in' from 06.09.18 to 22.09.18. Tender fee & EMD have to be submitted on line. Tender offer may be uploaded upto 22.09.18 till 2 PM. Tender will be opened on 24.09.18 at 2 PM at the address mentioned above. The Tender fee of Rs. 2100/- (including GST) & EMD of Rs. 1,00,000/- per vehicle should be pay on line in favour of 'WBCMPF LTD, MOTHER DAIRY CALCUTTA' . Chief General Manager reserves the right to accept any or reject any or all offers without assigning any reason what-so-ever. Chief General Manager con....P/2

Mother Dairy Calcutta P.O. Dankuni Coal Complex, District Hooghly (W.B.) Pin:712310.

TENDER DOCUMENT Essential condition of the tender for job contract for clearing, transportation and delivery of milk in polypouches from Mother Dairy Calcutta/loading point to retailers/stockists/distributors/institutions in and around Howrah, Hooghly, Nadia and 24-Parganas(N&S) district through vehicles including loading at the Dairy/loading point, unloading at delivery points and bringing back the empty creates. 1. Tenderers are requested to submit the Tender Document, BOQ, Tender Offer Form, Declaration and agreement duly signed on all pages with official seal in token of their acceptance. 2. The quoted rate shall remain valid for the two years. Rate shall be firm for entire execution of work order and no escalation of rate on any ground what-so-ever shall be applicable during the contract period. 3. Fax, E-mail, Telegraphic and conditional offer shall not be accepted. 4. This contract is governed by the General Terms and conditions laid down in the specimen agreement enclosed herewith. The bidder shall read carefully all those terms and conditions and submit the same along with this offer duly signed and sealed on all pages in token of their acceptance. 5. You are required to upload self-attested photocopies of the following without which your Tender offer will be considered invalid (However, as per requirement of the Dairy authority you shall produce the original for verification, at any time): i. PAN certification. ii. Current and valid Trade License. iii. GST Registration Certificate . iv. Partnership Deed (for Partnership Firm) or Articles of Association and Memorandum (in case of Company). v. Documents in support of experience of working directly as a Transport Contractor with one or more reputed organizations. vi. Details of each of the vehicles offered enlisted on a separate sheet. con....P/3

3 vii. Earnest Money Deposit (EMD) of Rs. 1,00,000/- per vehicle & Tender fee of Rs. 2100/- (including GST) should be pay on line in favour of "WBCMPF Ltd., Mother Dairy Calcutta". The EMD will bear no interest. 6. You shall also upload a copy of this Tender Document (including General Terms & Conditions and the specimen Agreement) with the Tender Form and Declarations duly signed and stamped on all the pages as a token of acceptance of all terms and conditions. 7. All the enclosures are mandatory. 8. Tender offers submitted by Fax, e-mail, etc. shall not be accepted. 9. Tender offer without tender fee and Earnest money will be summarily rejected. 10. Mother Dairy Calcutta reserves the right to extend the contract for a further period of 3 months at the same rate, terms and conditions after the expiry of the contract period. The contractor shall continue the Job contract in same terms & condition. 11. The Chief General Manager reserves the right to accept any or reject any or all Tender offers without assigning any reason whatsoever. The Chief General Manager also reserves the right to amend/alter the contract during the contract period if needed. 12. If you seek any clarification regarding submission of your Tender offer, you may contact our Manager(Marketing) & In-charge(CSM, OP&Dist) at our Salt Lake Office on any working day.

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Mother Dairy Calcutta P.O. Dankuni Coal Complex, District Hooghly (W.B.) Pin:712 310.

TERMS AND CONDITIONS Bidders must have working experience as Transport Contractor with reputed organization(s) for at least 3 (Three) years. However, if any Bidder is otherwise found suitable, the said experience of 3 years may be relaxed by the competent authority. The vehicles offered should be in excellent working condition, manufactured not earlier than year 2008. All the vehicles shall be of covered, insulated and closed type with locking arrangements. Painting must be done in every English Financial year by the Transporter. Bidder should not be a near relative of any authorized retailer, concessionaire, supplier or employee of the Dairy or WBCMPF Ltd. (near relative means father, mother, brother, sister, son, daughter or spouse). A declaration to this effect should be submitted by the bidder (format enclosed). Successful bidders shall be required to enter into an Agreement (format enclosed) governing the terms of the contract with the Dairy by affixing non-judicial adhesive stamp. At the time of execution of the said Agreement, the successful bidders, hereinafter termed the Transporters/Transport Contractors, shall pay the Dairy Rs. 2,00,000/- per vehicle as Security Deposit for the due performance and observance of various terms and conditions of the Agreement. The said Security Deposit is liable to be forfeited in case of any breach of terms of the Agreement. The security deposit shall bear no interest. After selection, the Transporter shall also be required to submit self-attested copies of the blue books of the vehicles deployed along with the following valid documents issued against the said vehicles: i. Vehicle Registration Certificate ii. Insurance iii. Tax Token iv. Road Permits v. Smoke Emission Certificate vi. Certificate of fitness In case the bidder refuses to accept the Order after finalization orders not provide necessary vehicles within 15 days of date of issue of concerned Letter of Intent (LOI) referring the finalized rate, terms and conditions, Earnest Money/Security Deposit will be automatically forfeited. con....P/5

5 The Dairy reserves the right to engage trucks/light vehicles as per its requirements. The Dairy shall have the right to increase/decrease the number of engaged vehicles, if required. If the Transporter fails to provide additional vehicle as per requirement of Dairy and within the stipulated time Dairy reserves the right to engage vehicle from any other party. No further request for engagement of additional vehicles shall be entertained from such Transporter during the contract period. Chief General Manager Encl:(1) Specimen Agreement (2) The Tender Form (3) Declarations TENDER DOCUMENT/SM

AGREEMENT

AGREEMENT FOR CLEARING, TRANSPORTATION AND DELIVERY OF MILK IN POLYPOUCHES FROM MOTHER DAIRY CALCUTTA/LOADING POINT TO RETAILERS/STOCKISTS/DISTRIBUTORS/INSTITUTIONS IN AND AROUND HOWRAH, HOOGHLY, NADIA AND 24-PARGANAS(N&S) DISTRICT THROUGH VEHICLES INCLUDING LOADING AT THE DAIRY/LOADING POINT, UNLOADING OF CREATES AT THE DELIVERY POINTS AND BRINGING BACK THE EMPTY CREATES.

Memorandum of Agreement made this ……..day of ……….two thousand and …… between Mother Dairy Calcutta, a Govt. of West Bengal Project being managed by the West Bengal Cooperative Milk Producers’ Federation Ltd, having its Registered office at Post Office: Dankuni Coal Complex, P.S: Dankuni Police Station, District: Hooghly, Pin: 712310 (hereinafter referred to as ‘the Dairy’ which expression shall include its successor) on the ONE PART AND …………………………………………………………………………………. (herein after referred to as “The Transporter” which expression shall include its Executors, Administrators, Heirs, Legal Representatives, Successors, Assigns where the context so admits) of THE OTHER PART. AND WHEREAS The Dairy is engaged in the business of procurement, processing, distribution and marketing of liquid milk and other products and is in need of transporting of such products from Mother Dairy, Calcutta/loading point to Howrah, Hooghly, Nadia and 24-Parganas(N&S) the Transporter has agreed for clearing, transportation and delivery of the milk in pouches in commercial Vehicles on the terms and conditions herein contained. Now this Memorandum of Agreement witnesseth and it is hereby agreed by and between the Parties named above hereto as follows: General Terms & Conditions: 1.Validity: This Agreement shall remain operative for a period of 2(two) year from date of operation and shall automatically stand terminated on expiry of the said period of two years; No separate written notice shall be served by the Dairy on the Transporter. However, without any obligation, the Dairy may extend/renew this Agreement for any further period in writing on the same/modified terms and conditions based on the ground reality and the need of the Dairy at the material point of time and the Transporter shall be free to accept or reject the said offer of extension. 2.This Agreement may be terminated by ether party upon 30 (thirty) days clear notice in writing on the other party without assigning any reason whatsoever and the notice shall be deemed to have been served upon the other party, if such notice is dispatched by registered post at the address noted above. con….P/2

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3. The Transporter shall provided Commercial Vehicles of excellent working road worthy condition, manufactured not earlier than year (2008) for clearing, transportation and delivery of only Mother Dairy Calcutta brand poly-pouch milk/other products, if any, by duly performing and observing the terms and conditions of this Agreement. 4. The Dairy reserves the right to increase/decrease the no. of vehicles of the Transporter as per need of the Dairy from time to time with sufficient advance notice/intimation to transporter. 5. That in case the Transporter fails to supply additional vehicles as per requirement of the Dairy within the specified time, the Dairy reserves the right to engage vehicles from any other sources including other transporters on mutually agreed terms and conditions. 6. Specification of the Insulation of the Commercial Vehicles: Sides of the Vehicles: To provide with 50 mm thick thermocol slab of heavy density (18 kg per/ m3) after application of a coat of hot industrial grade bitumen 85/40 or 85/25 conforming to IS: 702 on surface. All joint surfaces shall be coated with hot bitumen and sealed properly with application of hot bitumen and to provide G I wire netting of size ¾” x 24 SWG. 22 SWG GI/MS sheet shall be fixed over both faces (inside/outside) with top riveting. Top: To provide with a layer of 50 mm thick thermocol slab of heavy density (18 kg/per m3) after application of a coat of hot industrial grade bitumen 85/40 or 85/25 conforming to IS: 702 on surface. All joint surfaces shall be coated with hot bitumen and sealed properly with application of hot bitumen and to provide G I wire netting of size ¾” x 24 SWG. 22 SWG GI/MS sheet shall be fixed over both faces with top riveting. Floor: MS stringers shall be fixed with floor as required. To provide a layer of 50 mm thick heavy density (18-20 kg/ per m3) thermocol slab after application of above specified hot bitumen appropriately. A layer of tar-felt over the insulation shall be provided. 6 mm Aluminium chequered plate shall be provided by top riveting. Door: Rear door shall be insulated with 50 mm thick thermocol slab with complete and appropriate air tight arrangement in two pieces having maximum opening of 6 ft x 3 ft 6 inches shall be provided. The vehicles shall be totally covered with door insulted at back with airtight fool- proof secured locking arrangement. Outside Painting: Shall be painted and maintained both inside and outside at 12 (twelve) months interval at the cost of the Transporter with a view to ensure sanitary and hygienic conditions as required for transportation of milk. The Transporter shall maintain a record of the same which shall be produced to Dairy on demand.

Inside Height: shall be minimum 6 ft & 6 inches from deck to inside roof of the vehicle after insulation as stated above. con…P/3

3 If any vehicle of the transporter is found in a non-insulated, unhygienic, unpainted and/or broken condition or not as per the Dairy’s specification, the Dairy may impose penalty @ Rs 100/- per day per such non-conforming vehicle from the date of observation till the said vehicle is completely as per the Dairy’s specification. The Dairy may also take other administrative actions/punitive measures as may be deemed fit and proper in case of repeat violation by Transporter.

7. Details of Routes are given below: Sl. No.

Area of Operation K.M.run Up & Down

Type of vehicle

PresentSale

(approx.)

No. of vehicle

Lifting From

Schedule of

Supply 1.

Subhas Gram to Gangadhar pore via Amtala, Barakachari, Sarisa, Dimondharbour

300

TATA407/ equivalent

270 creates per day

one

Subhasgram

Night

2. Subhas Gram to Jumai Naskar Hat via: Barasat(S), Baruipore, Charan, Sarberia, Dhamua, Hotor, Jainnagar, Jamtala, Raidighi, Dhola, Mathurapore

260 TATA ACE/ equivalent

130/130 creates per day

two

Subhasgram

Night

3. Dankuni to Singur via: Chanditala, Janai, Begampore

140 Bolero/ equivalent

100/120 creates per day

one Dankuni Plant

Day/Night

4. Kolaghat to Haldia via Tamluk 310 TATA /407 equivalent

180 creates per day

one Dankuni Plant

Day/Night

5. Ranihati to Jagat Ballav Pore via Jangi Para

200 TATA407/ equivalent

175 creates per day

one Dankuni Plant

Night

6. Panchala to Shyam Pore via: Bauria, Bagnan

140 TATA 407/ equivalent

180 creates per day

one Panchala Night

7. Madhyam Gram & Dum Dum area 110 TATA 407/ equivalent

260 creates per day

one Dankuni Plant

Night

8. Kalyani to Habra via: Barasat 200 TATA 407/ equivalent

150 creates per day

one Dankuni Plant

Night

9. Barasat to Basirhat via: Golabari, Barachapa, harowa, Hasnabad


150 creates per day

one Barasat Night

10. Banshberia to Pandua 80 TATA ACE/ equivalent

100 creates per day

one Banshberia Night

11. Baruipore to Canning via: Champahati, Rajpore


190 createsper day

two Baruipore Night

12. Shikhala to Kamarpukur via. Singur, Tarakeswar, Champadanga, Ankri Shreerampore, Arambagh


40 createsper day

one Dankuni Plant

Day

Routes will be reshuffled as per procedure of Mother Dairy Calcutta. con…P/4

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8. Details of Proposed Routes are given below:

Sl. No.

Area of Operation K.M.run Up & Down

Type of vehicle

PresentSale

(approx.)

No. of vehicle

Lifting From

Schedule of

Supply 1.

Maahesh (Srirampore) to Hindmotor 50

TATA ACE/ equivalent

- one Dankuni Plant

DayNight

2. Dasnagar to Doomjur Via: CTI, Makarda, Ankurhati


- one

Dankuni Plant

Day

3. Andul to Panchala Via: Sankrail Station, Gabbria


- one Andul Night

4. Joka to Amtala Via: D. H. Road, Kharibari, Joka, Pailan


- one Behala Night

5. Science City to Malancha Via: Ghatakpukur, Bantala, Bhojerhat, Bhangar, Chandaneswar Bazar, Tematha Kheyada


- one Science City Night

6. Rubi/Anandapore to Garia (Eastern Side), Peerless Hospital, Garia Station Via: Panchpota Road, Khurigachi, Chowbagha.


_ one Anandpore Day/Night

7. Garia to Amtala Via: Brahamapur, Basdroni, Joinpur, Natun Hat, Reina, Naigara, ONGC, Nepal Gange Bazar, Julpia, Pailan


- one Garia Night

8. Bibir Bazar to Baranagar 20 TATA ACE/ equivalent

- one Dunlop or Cossipore

Day

9. Birati (Madhyam Gram) to Barasat 30 TATA ACE/ equivalent

- one Birati Day

Routes will be reshuffled as per procedure of Mother Dairy Calcutta.

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5 9. General Functions of the Transporter:

Vehicles complete with deployment shall report at the specified time at the dispatch dock every day during this Agreement period/extended agreement period as may be notified by the Dairy from time to time.

Transporter/Authorized Representative shall collect Distribution-Sheet from the Dairy Authority and shall arrange to take consignment of crates with filled-in-milk pouches/products in intact condition every time from Dairy Cold-Store and load only the intact milk pouches kept in vertical condition in crates in the assigned vehicles as per the dispatch document route-wise properly and with due care without causing any damage to the crates and the filled in ploy pouch milk packets/products.

Transporter shall ensure that his authorized representative remains present and oversees entire loading operations and controls and discharges effectively his functions as the representatives of the transporter for smooth operation thereof. The Transporter shall take due care and ensure that only right quantity of different variety of pouch milk/products is loaded in a vehicle as per the distribution sheet. The Transporter shall return excess crates and/loose/leaky pouches etc, if any in the Sub-Cold Store near the leaky milk pouch cutting vat or as may be indicated by the Dairy Official. In case of non-compliance and or discrepancy in this account, the Transporter shall be held solely responsible and shall be liable to be penalized. Transporter shall arrange safe, secure and in time transport of the crates with filled-in-milk pouches/products in vertical conditions to the delivery points in the assigned routes as specified in the delivery schedule and deliver the exact quantum of milk/products in good condition against receipts for milk/product delivered. Transporter shall ensure that delivery of milk in pouches/products in points is completed as per schedule notified by Dairy from time to time. Delivery shall be completed at the last distribution point by the time as indicated by the concerned Dairy Authority. Transporter shall collect Instruments (Bank Drafts etc) for the next day’s milk supply from each such delivery points and hand over the same to the Dairy official immediately on return. Transporter shall return to Dairy undelivered milk in pouches, if any, and cut open such pouches and pour milk in specified milk-vat as per direction of Dairy official. Re-processing charges and losses to Dairy shall be recovered from Transporter. No pouch with leak/cut/pin-hole etc shall be taken back by Dairy. In case of extra ordinary situation on any day, if any quantity of milk could not be delivered at a point(s) in spite of best efforts by Transporter, the same must be accounted for and/or returned to Dairy in the same condition as these were taken out of Dairy forthwith. Undelivered milk in pouches shall be checked, verified and tested at Dairy’s Quality Control Laboratory/authorized laboratory for analysis and losses, if any, shall be recovered from Transporter by deduction from bill(s)/security money of transporter, as the case may be. con…P/6

6 However, in case milk is not delivered and/or otherwise not accounted for or returned and found in spoilt condition, the cost of such milk as per selling price of said milk shall be charged and recovered from Transporter by deduction from bill(s)/security money of Transporter. Transporter shall return empty crates to Dairy/Lifting point immediately on return from route and hand over the same to authorized Dairy official at the specified place/places as per direction from time to time. Transporter shall be liable for any loss of crates that he has taken from Dairy and the cost of loss of crates at last purchase prices by Dairy shall be charged and recovered from bill(s)/ security money of Transporter as the case may be. Transporter shall take from Dairy and make delivery of all documents, circulars, letters, daily distribution sheets etc which may be issued from time to time by Dairy against receipts as may be instructed. Transporter shall ensure that there occurs no loss of documents, circulars, notices, instruments, Bank Drafts, Delivery Schedules etc and in case of any such loss, the Dairy reserves the right to recover loss from Transporter, after giving him a fair opportunity to hear upon. Transporter shall ensure that only correct quantity of milk is loaded in the vehicle. But if the number of packets found is in excess/stolen is between one pouch to maximum five pouches irrespective of half litre or one litre, Transporter shall be fined by the Dairy @ Rs 100/- per such pouch found on checking by Dairy. However, if more than five pouches are found, irrespective of the half/one litre, Transporter shall be fined @ Rs. 100/- per such pouch found and Transporter shall also be subject to administrative actions as per the law of the country as may be deemed fit and proper to stop such theft of Dairy’s materials. In all such cases, two half litre pouches shall be considered as one pouch in case where such pouches are kept in mixed condition in crates.

In case 250 ml or more loose milk is found in any particular crate, transporter shall deduct an amount of Rs.500/- from each of the deployed Loaders of vehicle and deposit the same to Dairy forthwith along-with a compliance report. Alternatively, Dairy shall deduct same amount from bill(s) of Transporter who shall, in turn, realize same from his engaged/deployed Loaders of vehicle. Recovery shall be made as per above procedure subject to the maximum amount of Rs.10,000/- (Rupees Ten Thousand) plus the actual sale price of the excess milk found.

Loss of and/or damage to the property/personnel of the Dairy, whether inside or outside the Dairy, caused by Transporter/ his vehicles/deployed personnel shall be realized from bills /security money of Transporter after due assessment of loss/damage is done by the Dairy after a hearing offer given to the Transporter.

Transporter shall be bound to take suitable steps if any deployed personnel engaged by Transporter is found involved in any unlawful acts/theft/ pilferage/damage or causes any harm to the goodwill of Dairy to the members of the public. Transporter shall not engage/deploy a person who has been found involved in any unlawful acts/thefts/smuggling/damaging Dairy’s property and/or goodwill whatsoever.

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7 Transporter shall be liable for non-collection of instruments from the distribution points in the assigned routes and also for non-submission of same to Dairy in time. If such incident occurs more than thrice (3 times) during the entire contract period, a penalty of Rs.50/- (Rupees Fifty only) per incident from the fourth incident onwards shall be charged from Transporter by the Dairy which shall be realized from bill(s) /security money of the transporter as the case may be.

Dairy reserves its right to impose penalty in case of delays in delivery, short supply, non-delivery, misdelivery, theft, short return of crates, loss of documents/instruments or in cases as described above due to non-observation of timing and other failures of the transporter and/or his deployed personnel. Transporter shall be penalized at a rate as may be determined by Dairy after giving Transporter an opportunity to be heard, in case it is found that milk is delivered at any other place other than the authorized place. Transporter shall be penalized at a rate as may be determined by Dairy after giving Transporter an opportunity to be heard, in case it is found that Transporter/his personnel has adulterated pouch milk/milk products found in crates during delivery and/or delivered adulterated milk/products. Transporter shall be penalized and shall also reimburse losses incurred by Dairy at a rate as may be determined by Dairy after giving Transporter an opportunity to be heard, in case, it is found that vehicle(s) of Transporter has failed to report at specified place in time on a day for any reasons whatsoever. If such incident occurs for than 3 (three) times during tenure of this Agreement, Dairy shall have right to terminate Agreement along with forfeit of security deposit. ID Card: Transporter shall issue immediately Identity-Cards to its deployed personnel with recent passport size photograph containing name, complete address, emergency contact mobile number, blood group, ESI No. etc. which shall be always be carried by the personnel deployed by Transporter while on duty and needs to be shown to security/ Watch & Ward of Dairy/ Dairy’s officials/other Authorized Agents of Dairy as the case may be. Transporter shall also immediately submit details of deployed personnel to Dairy showing full names, complete postal address with pin code, cell phone on. Name of father, driving license no., ESI & PF No. etc. along with two copies of their recent passport size photographs. Any change in the said deployment of his personnel shall be intimated to Dairy forthwith in writing by transporter in his letter-head of establishment with necessary corrective intimation. However, Dairy reserves its right not to allow any of such deployed person, if found without proper ID card and/or personnel having any criminal cases involving moral turpitude. In case of shortage of power, strike, lock-out, suspension of work, closure, riot/civil disobedience, natural calamity, fire, flood, disaster or such other incident upon which the Dairy has no control at all (which may be termed as the ‘Act of God’), the Dairy may discontinue the use of vehicle of Transporter without giving any written notice whatsoever to tide-over such extra-ordinary emergent situation. In such cases, the Dairy shall not be liable to make any con…P/8

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payment whatsoever of any service charges and/or compensation or the like to the Transporter for the period of such emergent extra-ordinary situations as felt by the Dairy. The persons deployed by Transporter shall be subjected to administrative and/or disciplinary actions including termination of engagement by the transporter in case they are found guilty of misconduct like theft, dishonesty, manipulation of documents, mis-behaviour with dairy officials physical assault, refusal to work, indiscipline, sabotage, loss of Dairy’s goods and/or goodwill etc (this misconducts are illustrative and not exhaustive) in the place of work or outside Dairy which are connected with this work. Provisions of Model Standing Orders under the Industrial Employment (Standing Orders) Act, 1947 shall be applicable for such cases. The Transporter shall provide the driver of the LCV a mobile phone at the cost of transporter for easy and instant communication. Access Permission: An officer or an authorized person by Dairy shall be entitled to have free access to Transporter’s declared business premises/vehicles utilized/engaged under this agreement whatsoever at all reasonable time and from time to time for taking note of the things, to take photographs, to make measurements/sketches and samples, to check and inspects & copy of records and registers/other documents etc as may be required as may be deemed fit and proper by said authorized person of Dairy for taking corrective actions etc. and the transporter shall be responsible for giving access to such officer/authorized person of Dairy for such purposes. Change in the existing Terms & Conditions: Any altered conditions or change in terms and conditions etc shall be automatically treated as if the same were part of this Agreement in cancellation of previous terms with effect from the date fixed in such notification/order/ intimation by Dairy to Second Part and the same shall become the integral part and parcel of this Agreement and the second part shall be bound to abide by the same. Arbitration Clause: If any dispute or difference arises between the two parties of this Agreement at any time during the operation of Agreement in respect of the Agreement or concerning anything herein contained or arising out of this Agreement as to the rights, liabilities or duties of the parties or as to the recovery of any amount, the same shall be referred by any of the parties to the sole Arbitrator who shall be the Managing Director of the West Bengal Cooperative Milk Producers’ Federation Ltd. at Block LB–II, Sector III, Salt Lake City, Kolkata 700098. The arbitration proceedings shall be governed by provisions of the Arbitration and Conciliation Act, 1996 and the Rules made there under or any other such enactment(s) or statutory modifications/Amendments thereof for the time being in force. The decisions of the said Arbitrator shall be final and binding on the parties to the dispute. The Hon’ble High Court at Kolkata shall have exclusive jurisdiction with regard to any dispute/arbitration under these terms irrespective of any other jurisdiction clauses mentioned herein above or subsequently in other place(s). con…P/9

9 Commercial Terms: On satisfactory completion of the assigned work throughout the month, the due payment shall be released to the transporter by Dairy by Account Payee Cheque (s) on monthly basis within 30 (thirty) days from the date of receipt of the bill in duplicate in official letter-head of transporter duly signed, dated and sealed by Transporter along with documentary evidences/supports as may be applicable subject to verification, checking and certification from the concerned dept. head. Such payment shall, however, be subject to the recoveries as per the terms and conditions of this Agreement and the deduction of statutory dues (taxes, service tax etc.) as may be applicable from time to time. This Agreement is a commercial agreement. This agreement is not of one of employment. There shall be no employer-employee relationship between the Dairy and the Transporter. It is clear that under no circumstances whatsoever, Transporter or the persons deployed/engaged by him to do his work shall be the employees of the Dairy and as such the Transporter or such persons shall not be entitled to the rights, privileges, benefits etc. which are ordinarily extended to the employees of Dairy from time to time. The Transporter shall be fully and solely responsible for complying with all statutory obligations as are applicable or that may be applicable from time to time in future during the validity of this Agreement and the transporter shall always keep the Dairy indemnified for and in respect of all his acts and/or omissions whatsoever. The Transporter shall at his efforts and cost obtain necessary Trade and other applicable Licenses and insurances viz. Contract Labour (R&A) Act,1970 and other Labour Acts as may be required from time to time for carrying on his such transport business with milk and milk products and Transporter shall be solely and wholly responsible for compliance of all applicable rules, regulations and orders which may be in force from time to time as per the order of the competent/appropriate authority. Transporter shall arrange for timely payment of wages, other benefits, bonus etc as are payable legally to his deployed personnel and shall comply with all statutory liabilities under PF, ESI, Professional Tax, Income Tax, Service Tax etc. (this is Illustrative & not exhaustive) and for complying with all statutory obligations/payments and that the Dairy shall not be held responsible for any lapses/fault/non-compliance by Transporter whatsoever under any circumstances. The Transporter shall not under any circumstances whatsoever transfer wholly or partially the agreement to any other person(s)/firm/company or assign this Agreement or its benefits to any other party as stated above whatsoever. The Transporter shall accept all communications from the Dairy either sent by post/courier or presented in person by hand by Dairy’s Representative/Agent/official and forthwith acknowledge the same with his signature, date and seal as a token of receipt of communication from the Dairy. con…P/10

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Security Money: At the time of execution of this Agreement, the Transporter shall arrange to furnish Rs.2,00,000/- (Rupees Two lakh only) per vehicle as security money for due performance and total observance by Transporter of the terms and conditions of this Agreement. The security money shall not bear any interest and shall be returned/refunded to Transporter on expiry of this Agreement/termination of this agreement as the case may be, after deduction of the amount, if any, which Transporter owes to Dairy under this Agreement. However, the said security money may be forfeited by Dairy in case of any breach of the terms and conditions of Agreement by Transporter. Service Charges: (To be filled at the time of agreement)

The service charges shall be payable by Dairy to the Transporter as follows:

Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA407/equivalent (01 no.) for Subhas Gram to Gangadhar pore via Amtala, Barakachari, Sarisa, Dimondharbour, Kakdeep, Dimondharbour].

Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (02 no.) for Subhas Gram to Jumai Naskar Hat via: Barasat(S), Baruipore, Joynagar, Mathurapore, Magrahat, Raidighi.]

Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [Bolero Pick Up/equivalent (01 no.) for Dankuni to Singur via: Chanditala, Janai, Begampore.]

Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-407/equivalent (01 no.) for Kolaghat to Haldia via Tamluk]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-407/equivalent (01 no.) for Ranihati to Jagat Ballav Pore via Jangi Para]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-407/equivalent (01 no.) for Panchala to Shyam Pore via: Bauria, Bagnan]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-407/equivalent (01 no.) for Madhyam Gram & Dum Dum area]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Kalyani to Habra via: Barasat]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Barasat to Basirhat via: Golabari, Barachapa, harowa, Hasnabad ]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Bansh Beria to Pandua].

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Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of polypouch milk. [TATA-ACE/equivalent (02 no.) for Baruipore to Canning via: Champahati, Rajpore].

Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of polypouch milk. [TATA-ACE/equivalent (01 no.) for Shikhala to Kamarpukur via. Singur, Tarakeswar, Champadanga, Ankri Shreerampore, Arambagh]. Proposed Routes:- Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Maahesh (Srirampore) to Hindmotor]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Dasnagar to Doomjur Via: CTI, Makarda, Ankurhati]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Andul to Panchala Via: Sankrail Station, Gabbria]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Joka to Amtala Via: D. H. Road, Kharibari, Joka, Pailan]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Science City to Malancha Via: Ghatakpukur, Bantala, Bhojerhat, Bhangar, Chandaneswar Bazar, Tematha Kheyada ]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Rubi/Anandapore to Garia (Eastern Side), Peerless Hospital, Garia Station Via: Panchpota Road, Khurigachi, Chowbagha.]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Garia to Amtala Via: Brahamapur, Basdroni, Joinpur, Natun Hat, Reina, Naigara, ONGC, Nepal Gange Bazar, Julpia, Pailan]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Bibir Bazar to Baranagar]. Rs……(Rupees ………………) per trip inclusive all charges, taxes etc for supply of poly pouch milk. [TATA-ACE/equivalent (01 no.) for Birati (Madhyam Gram) to Barasat].

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12 C Termination:

The Agreement may be terminated by the Dairy, if Transporter commits breach of any of the above terms and conditions of this Agreement or in any way acts against the interest of Mother Dairy Calcutta or acts in any manner which adversely affects Dairy’s business or reputation or commits any act which is incompatible with the provisions of Agreement

The Dairy may also forthwith terminate this Agreement and/or forfeit security money upon happening of any one of the following events/incidents if such events/incidents happens {more than 3 (three)} times within Agreement period without any prior notice:

a)Loss/damage sustained by Dairy due to late delivery and/or loss of documents/instruments/belongings etc. of Dairy.

b) Any unlawful activities by Transporter/his deployed persons which is detrimental to the reputation and activities of Dairy. c) Any loss/damage sustained by Dairy for non-observation/disobeying instruction/directives/orders of Dairy.

d)Any loss/damage sustained by Dairy due to strike/demonstration of any kind on the part of Transporter/his deployed persons.

e) Loss/damage sustained by Dairy due to negligence on the part of Transporter/his deployed persons.

f) Loss/damage sustained by Dairy due to non-compliance with any of the terms and conditions of this Agreement.

g) Insubordination/misbehaviour on the part of Transporter/his deployed persons.

h) Loss/damage sustained by Dairy due to shortage of materials in transit from Dairy to distribution points and back.

i)Non reporting of vehicle at dispatch dock in scheduled time.

Without prejudice to the action of termination of this Agreement, Dairy shall at its sole discretion either on termination of agreement or on expiry of the terms of the agreement as the case may be, reserves the right to take any or more of the following actions against the erring transporter:

a)Forfeit the security money of erring transporter.

b) Refund security money to transporter after adjusting/deducting dues of Dairy and/or recovering the loss sustained by Dairy by the acts of transporter. con…P/13

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c) Recover legal expenses and/or such other expenses incurred by Dairy in respect of any failure /shortcomings/non-performance on the part of transporter. IN WITNESS WHEREOF the Parties to these presents have hereunder set and subscribed their respective hands and seals the day, month and year first above written. Signed, sealed and delivered for and on behalf of Mother Dairy Calcutta………………… SIGNED BY: On Behalf the Mother Dairy Calcutta Signature Witness: 1. Name & address (in block Letters) Signature ………………………. 2. .Name & address (in block Letters) Signature ………………………. On behalf of the Transporter: Signature: Witness: 1. Name & address (in block Letters) Signature ……………………… 2. .Name & address (in block Letters) Signature ……………………….

Mother Dairy Calcutta P.O. Dankuni Coal Complex, Dist. Hooghly, Pin-712310

T E N D E R F O R M

TENDER FOR JOB CONTRACT FOR CLEARING, TRANSPORTATION AND DELIVERY OF MILK IN POLYPOUCHES FROM MOTHER DAIRY CALCUTTA/LOADING POINT TO RETAILERS/STOCKISTS/DISTRIBUTORS/INSTITUTIONS IN AND AROUND KOLKATA, HOWRAH, HOOGHLY, NADIA AND 24-PARGANAS(N&S) DISTRICT THROUGH VEHICLES INCLUDING LOADING AT THE DAIRY/LOADING POINT, UNLOADING OF CREATES AT THE DELIVERY POINTS AND BRINGING BACK THE EMPTY CREATES.

(This form should be completed by giving detailed and correct information failing which the tender can be rejected). I/We have read and understood all the terms and conditions for clearing, transportation and delivery of milk in polypouches from Mother Dairy Calcutta/loading point to retailers/stockists/distributors/institutions in and around Howrah, Hooghly, Nadia and 24-Parganas(N&S) district through vehicles including loading at the Dairy/loading point, unloading at delivery points and bringing back the empty creates. 1. Name of the Bidder : (If the offer is made by a firm/ company, the name of the firm/ company should be mentioned) 2. Permanent Address : (In case of firm/ company, Regd. Office address including jurisdiction of the Police Station.) 3. Telephone No. : Residence : Office : Garage/Workshop : con...P/2

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4. The strength of fleet which you own. Furnish details in separate sheet. 5. Name of the Banker(s) : 6. Vehicles offered : Details of the vehicles offered are to be furnished in a separate enclosed sheet. ____________________ Signature of the Bidder with official Seal and date

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Mother Dairy Calcutta P.O. Dankuni Coal Complex, Dist. Hooghly, Pin-712310

D E C L A R A T I O N S Declaration-I To Chief General Manager Date: Mother Dairy Calcutta P.O. Dankuni Coal Complex Pin-712310. Dear Sir, I/We________________________________________________havingofficeat______________________________________________________dealing with transport business with valid trade licence(LicenceNo.& Date______________________________________________)issuedby____________________________________________ do hereby undertake that we shall pay all taxes and dues to the appropriate authorities in time and shall also abide by and comply with all statutory obligations as in force from time to time by the appropriate authorities relating to the vehicles to be engaged in clearing, transportation and delivery of milk from Mother Dairy Calcutta, Dankuni to the third party retailers in and around Kolkata, Howrah, Hooghly, Nadia and 24-Parganas(N&S) district. I/We also undertake to abide by all the statutory provisions as principal employer for all the persons engaged by me/us for undertaking the contract for clearing, transportation and delivery of milk from Mother Dairy Calcutta to the third party retailers and/or stockists/distributors in and around Kolkata, Howrah, Hooghly, Nadia and 24-Parganas(N&S) district. In case of any failure on my/our part and consequent complications arising on any account, Mother Dairy will not be responsible and liable for such failures on my/our part. Date Official Seal Signature of the Bidder Address DECLARATION -II Date. This is to certify that I/We have no near relative as authorized employee of Mother Dairy or National Dairy Development Board or West Bengal Co-operative Milk Producers' Federation Ltd.(near relative means father, mother, brother, sister, son, daughter and spouse). Signature of the Bidder Address