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TENDER NOTICE No.- Com/EC-ASN/09
(I) Name of work with its location : Two/Four wheeler parking contract at the station
Asansol, Siuri, Kajoragram, Simultala, Kalipahari,
Rajbandh, Paraj, Waria & Jagdishpur railway
station premises.
(II) Approx. cost of the work : Will be available in the Tender document & also in
the website.
(III) Cost of Tender form : Rs. 3000/- for Asansol at Sl. No.(1) & Rs. 1000/-
for other stations at Sl. No.(I) above.
(IV) Address of the office from : Senior Divisional Commercial Manager, Eastern
where the tender form can be Railway, Asansol.
purchased
(V) Earnest Money to be deposited : Rs. 41,000/- for Asansol four wheeler, Rs. 10,000/-
for Siuri four wheeler & Rs. 5000/- for other
stations as indicated in Sl. No.(I) above.
(VI) Completion period of the work : Period of contract for three (03) years.
(VII) Date & Time for submission of : Submission and opening of tender are available in
tender and opening of tender the tender documents against each station.
(VIII) Website particulars and notice : www.easternrailway.gov.in
board location where complete
details of tender can be seen
etc.
EASTERN RAILWAY
ASANSOL DIVISION
PROVISION OF TWO/FOUR WHEELER PARKING STAND. OPEN TENDER
NOTICE NO.:-Com/EC-ASN/09
Sl. Name of Station Nature of Reserve Cost of Earnest Money Place, Date & Time for
No. Contract Price fixed Tender to be deposited i) Submission &
per month Form (in Rs.) ii) Opening of Tenders
(in Rs.) (in Rs.)
01 Asansol Four wheeler 56,636/- 3000/- 41,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 24-11-
09 from 11hrs. to 13hrs.
ii) On 24-11-09 at 16hrs.
02 Siuri Four wheeler 13,776/- 1000/- 10,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 25-11-
09 from 11hrs. to 13hrs.
ii) On 25-11-09 at 16hrs.
03 Kajoragram Four wheeler 251/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 25-11-
09 from 11hrs. to 13hrs.
ii) On 25-11-09 at 16hrs.
04 Kajoragram Two wheeler 678/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 01-12-
09 from 11hrs. to 13hrs.
ii) On 01-12-09 at 16hrs.
05 Simultala Two wheeler 1,398/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 01-12-
09 from 11hrs. to 13hrs.
ii) On 01-12-09 at 16hrs.
06 Kalipahari Two wheeler 224/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 02-12-
09 from 11hrs. to 13hrs.
ii) On 02-12-09 at 16hrs.
07 Rajbandh Two wheeler 647/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 02-12-
09 from 11hrs. to 13hrs.
ii) On 02-12-09 at 16hrs.
08 Paraj Two wheeler 449/- 1000/- 5,000/- i) Office of the Sr. Divl. Comml.
parking stand Manager, E. Rly., Asansol on 03-12-
09 from 11hrs. to 13hrs.
ii) On 03-12-09 at 16hrs.
09 Waria Two wheeler 1371/- 1000/- 5,000/- -do-
parking stand
10 Jagdishpur Two wheeler 275/- 1000/- 5,000/- -do-
parking stand
Detailed Tender documents/Forms (non transferable) embodying terms & conditions can be
obtained from the office of the Senior Divisional Commercial Manager, Eastern Railway,
Asansol from 26-10-2009 to 23-11-2009 from 11hrs. to 17hrs. on any working day excluding
Saturday and Sunday and holiday if any on production of Original Money Receipt towards
cost of Tender documents after depositing the amount to Senior Divisional Cashier, Eastern
Railway, Asansol as mentioned in the above table. The cost of Tender Form / Documents may
also be accepted in the form of Demand Draft (DD) in favour of FA&CAO/ER/Kolkata
payable at Kolkata. Date of submission and opening of tender will be as mentioned above
against each contact station. These are also available at the website i.e. www.easternrailway.gov.in
Divisional Railway Manager,
Eastern Railway, Asansol.
To,
The Divisional Railway Manager (Commercial),
Eastern Railway,
Asansol.
( Packet „A‟ : Technical Offer )
Sub: Tender for the license of four wheeler/two wheeler parking
Stand at ……………… Railway Station premises for a period of
3(three) years
Ref: Press notification dated
1) I/We hereby tender to run the contract of two wheeler parking stand at
Railway station premises on the terms and conditions as embodied in
the attached agreement form, duly signed in every paper as a token of acceptance of
the terms and condition and the following documents in support of my/our
candidature for being selected as a candidate, are enclosed.
2) Income tax clearance certificate, if any.
3) An affidavit declaring assets and liabilities.
4) Experience certificate
5) Demand Draft/Pay Order No. dated drawn in favour of
F.A.&C.A.O, E.Rly., Kolkata on Bank for Rs.
/- (…………………………………………….) only towards Earnest Money.
6) Financial capability certificate from any nationalized Bank/Municipal
Corporation/Ward Commissioner/Councilor/Gram Panchya Pradhan/SDO/BDO
7) All the zerox copy must be attested
List of documents enclosed should be completed
Indicate by tick (-/) against each items mentioned below. All the zerox copy must be
attested
i) Income tax clearance certificate, if any.
ii) An affidavit declaring assets and liabilities.
iii) Experience certificate in this subject.
iv) Earnest Money
v) Financial capability of person/firm
vi) Standard Agreement forms duly singed in every page as a token of
acceptance of the terms and condition.
Signature of the tenderer:
Name:
Address ( in full):
Contact Number:-
To,
The Divisional Railway Manager (Commercial),
Eastern Railway,
Asansol.
(Packet „B‟: FINANCIAL OFFER)
Sub: Tender for the license of four/two wheeler parking stand
at …………………… Railway Station for a period of 3(three)
Year.
Ref: Press Notification dated
1. I hereby tender to run the two wheeler parking contract stand at
………………….station premises on the terms and conditions as embodied in the
attached agreement form to be attached with packet –„A‟.
2. I shall pay to the Railway Administration amounting to Rs………….
(Rupees……………………………………………………………..) only per month
as license fee for the above contract.
3) I/We also agreed to pay enhanced the license fee, which will be increased at
the rate of 10% every subsequent year during my contractual period.
Any over-writing, correction or
insertion will not be accepted.
Name & Signature of the of the tenderer
Full Address:
Contact No.
INSTRUCTIONS TO TENDERERS
1.Sealed tenders on the enclosed tender form, addressed to the Divisional Railway Manager(Commercial),
Eastern Railway, Asansol should be submitted in two separate sealed packet marked packet ‘A’ and packet
‘B’ and should super scribed at the top as “Tenders for the licence of four wheeler/two wheeler parking
stand at …………………(station) Railway Station premises. The tenders, in two packets, shall be
deposited in the two boxes earmarked for Packet ‘A’ and ‘B’ and to be kept in the office of Sr. Divisional
Commercial Manager, Eastern Railway, Asansol up to 13 hrs on …….……. The tender documents marked
as packet ‘A’ will be opened on same date, i.e …………. at 16 hrs. in presence of such tenderer, who wish
to be present in person. Due to unforeseen circumstances the date of opening may be deferred and will be
refixed as per sole discretion of the Railway Administration. The next date of opening will be intimated to
all the tenderer through contact number to be given in the tender document by the each tenderer.
2. Tenders received after the date and time specified above shall not be accepted. The tenderer shall hold
the offer open for a period of 120 days from the date fixed for the opening of the same and will extend the
same for another 30 days in case specifically asked for to do so in writing.
3. The rates should be filled legibly in ink, in figures as well as in words for per month, which will be
increased at the rate of 10% every subsequent year during the tenure of contract. The minimum
PROPSED RESERVE PRICE for this contract is fixed at Rs. ……………../- (Rupees
……………………….……………..) only per month. Tenders containing any erasures, erroneous in
figure and word or alteration in the tender documents or any over writing are liable to be declared
invalid/rejected.
4. Tenderers are required to deposit a sum of Rs. .……………/- as earnest money for the due fulfillment
of the contract in the form of DD/Pay Order. drawn in favour of Financial Advisor and Chief Account’s
officer, Eastern Railway, Kolkata from any nationalized bank (The demand draft/Pay order drawn on any
schedule Bank other than Nationalized Bank will not be accepted and in that case the technical offer will be
rejected. He/They should attach the receipt thereof with the Tender form, marked as packet ‘A’, in
original. Without Earnest Money no tender will be considered as valid. Earnest money will be refunded in
full without any interest, to all unsuccessful tenderers. There will be no liability on the railway
administration in case of delay in this regard.
5.The Earnest money if deposited in the form of Demand Draft of the successful tenderer may be retained
and adjusted towards the Security deposit payable by the licensee for the proper and satisfactory execution
and fulfillment of the terms and conditions of the agreement (copy enclosed). In the event of any tenderer
failed to turn up after the acceptance of his tender, the earnest money Deposited by him will be forfeited
by the railway administration
6. The amount of security deposit as per the calculation given below has to be deposited by the successful
bidder for the due and proper fulfillment of the contract. And the amount of security deposit will have to
be deposited in the form of Demand Draft/Pay Order in favour of FA & CAO, Eastern Railway, Kolkata
or other form as prescribed under extant rules of the railway administration and will be subject to these
rules or otherwise. The Security Money will be calculated as under:- .
a) Up to one lakhs- 10% of the value of contract.
b) Up to 2 lakhs- 10% of the 1st one lakhs and 7.5% of the balance.
c) 2 lakhs and above- 10% of the 1st one lakhs, 7.5% of the next one lakhs and 5% of the balance
subject to maximum of Rs. 3 lakhs.
7. No railway pass will be issued to the licensee by the railway administration.
8. If the tendering party is a partnership firm, an attested copy of the partnership deed must also accompany
with the tender form marked as packet ‘A’. The railway administration reserves the right to call for the
original partnership deed for inspection. It should be noted by the tendering party that tender received
without any of the documents as mentioned in the form marked packet ‘A’ i.e. technical offer will be
summarily rejected. In packet ‘A’ for technical offer, the following documents (photocopy/copy/zerox copy
of documents must be attested) should be enclosed. Regarding list of documents this must be indicated in
the
Page -: 2 :-
Technical Offer (packet ‘A’) at appropriate column, indicating tick(-/) mark.
i) Income tax clearance certificate, if any.
ii) An affidavit declaring assets and liabilities.
iii) Experience certificate of the subject contract
iv) Financial capability of the tenderer
v) Agreement forms duly signed in every page as a token of acceptance of all the term and conditions as
embodied therein and should be enclosed in the packet marked as ‘A’.
vi) Attested copy of Partnership Deed.
vii) Memorandum and Articles of Association in case of a company along with certificates of incorporation
and date of commencement of business etc.
The packets ‘B’ will be opened only those tenderer who have fulfilled the all eligibility criteria as indicated in
the packet ‘A’ (Technical offer). If the packet ‘A’ is not found in order of the tenderer then Packet ‘B’ of
those tender will not be opened. The packet marked as ‘B’ will contain only the financial bid of licence fee to
be quoted on one-month basis. Selection of the suitable candidate will be done on highest offer basis among
the tenderer who qualified in the Technical offer.
9) Successful tenderer will have to execute an agreement before commencement of the work.
10) The cost of the stamp duty & Dummy Paper for execution of the agreement will be born by the
licensee/licensees.
11) The Divisional Railway Manager, Eastern Railway, Asansol reserves the right to reject any or all the
tenders without assigning any reason, or to accept any of the tenders though it may not be necessarily the
highest.
12) The duration of the license will be 3(three) years only from the date of commencement of the license.
13) The Railway Administration will be provided only land measuring sqm. for keeping cycle,
motorcycle and scooter.
14) The railway administration reserves the right to call the highest tenderer for negotiation, if needed, but the
tenderers can not reduce the amount already tendered.
15) Parking fee for per cycle, motorcycle, scooter and car
A) Parking fee for each cycle.
1) For a period up to 6 hrs. Re.1/-
2) For above 6 hrs and for a period of
every additional 3 hrs. or part thereof Re.0.50
B) Parking fee for each Motorcycle/Scooter:-
1) For a period up to 6 hrs or part thereof. Rs.3/-
2) For a period of every additional 3 hrs or
part thereof Re.1/-
C) Car parking charges
i. For a period up to 06 hrs. or part thereof Rs.5.00 only
ii. For a period of every additional 3 hours.
or part thereof. - Rs. 2.00 only
16) Addends or corrigendum to the agreement form may, however, be changed from time to time when
necessary, licensee/licensees have no right to object the same. He/They only abide by the terms and
conditions as enforced by the Railway Administration.
17) Every tenderer is required to sign in every page of agreement paper attached with packet ‘A’ as token
of acceptance of the terms and conditions.
Divisional Railway Manager,
Eastern Railway, Asansol
Standard agreement form
No:
License to occupy land for the purpose of private car/cycle/motorcycle/scooter stand an
agreement made this on day of between the President of the Union of India Railway
(hereinafter called preamble “The Administration”) of the Eastern Railway, Asansol Division one
part and Mr./Messrs. under the name and style or
Mr./Messrs ( hereinafter called “licensee/licensees”) which
expression shall where the context so requires or admits, be deeded to include his/her/their or
either of his/her/their heirs, executors and administrators of the other part. Whereas the land
hereinafter described forms a portion of the Eastern Railway and has been for some time past in
the occupation of the administration and whereas the licensee/licensees has/have applied to the
administration for a license or permission to run a parking stand and for the said purpose to have
the temporary use and occupation of the said land for which license or permission the
administration have agreed to grant upon the terms and conditions hereinafter contained. Now it
is hereby agreed and between the said party/parties hereto as follows:-
1. The licensee shall have the use of all that piece of land on the Railway’s station for the said
purpose bearing Survey No……………authority within the registration Sub-District of
……………………….District and measuring about …..………..square miter, length
and……………………into run the breadth and containing by measurement
…………………………………. square miter……………………….contract square feet/square meter
of thereabouts be the same little more or less as may be seen in the DRM/ASN’s Drawing No …………
dt nil and bounded as follows:-
On the North by……………..
On the South by………………
On the East by…………………
On the West by…………………
For the purpose of the running a temporary parking stand and for no other purpose whatsoever and
subject to the conditions contained hereinafter.
2. The licensee/licensees shall not erect or cause to be erected on the said land or on any part thereof any
building or structure of a permanent or quasi-permanent nature.
3. The licensee/licensees may be erect and retain upon the said land structures purely on temporary nature
only subject to such rules, regulations and by-laws as may from time to time be made by or on behalf of the
Administration or by or on behalf of any local authority in relating hereto and subject to the conditions
hereinafter mentioned and shall have to provide at his/her/their own expenses all the facilities like stands,
shelter enclosure, fencing and other facilities on the said land premises, and/shall keep properly enclosed
sheltered and fencing during the continuance of license hereby granted.
4.The licensee/licensees shall before proceeding to erect any structure or structures in pursuance of clause
3 hereof give a notice in writing thereof to the Divisional Engineer of the Eastern Railway, Asansol
Division specifying the purposes and site on which temporary structure/structures is/are intended to be
erected and shall furnish him with the detailed plan, elevation and specification of such structure/structures
save on such site and in accordance with such plan/elevation and specification thereof as shall be first
approved by the Divisional Engineer.
5.The said temporary structure/structures shall vest in and shall become the property or properties of the
Administration and shall be under their sole control and the licensee/licensees shall have no right or
interest in or claim to the said land or structures(hereinafter called collectively the said premises)
whatsoever subject to the provisions of clause(ii) hereof.
a) The licensee/licensees shall use the said premises solely and only for the purpose as aforesaid for which
it is licensed and shall not occupy land beyond what is described above except with express permission in
writing of the Divisional Railway Manager concerned.
b) The Administration shall at all times be at liberty to carry out any changes, repairs, renewals, additions or
alterations to any of their structure or structures. In case for the above purpose it become necessary to
dismantle either the whole or any part of the temporary structure/structures erected by the
licensee/licensees on the said land, the licensee/licensees shall bear the entire cost. If any work is done by
the administration to the temporary structure/structures as aforesaid, the cost thereof shall be increased by
the usual supervision charges and shall be paid by the licensee/licensees to the administration on demand.
The licensee/licensees shall also reimburse the administration for any losses or damages caused to the
property of the administration by the erection and/or presence of the temporary structure/structures
referred to above.
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6.The licensee/licensees shall also be liable to provide to the Divisional Engineer which expression shall be
deemed to include any person for the time being holding the appointment of Divisional Engineer or any
acting Divisional Engineer or his authorized representative so appointed on the Asansol Division of
Eastern Railway in which the said premises are situated, free access at all times to the said premises and
the licensee/licensees shall whenever so required by the Divisional Engineer forthwith pull down, rebuild
or repair any part or parts of such structure/structures which the Divisional Engineer may consider to be
improperly situated or of defective design, construction or material or in want of repairs.
7. The licensee/licensees shall have insurance for private car/cycle/motor cycle/scooter against loss, theft
or damage etc., due to theft, fire and other accidents. Licensee/licensees shall pay the premium thereon
regularly to insurance company and submit receipt to the railway administration along with the zerox copy
of such insurance policy premium receipt for verification. Licensee/licensees will make good the losses due
to theft, fire, damage etc., to the owners of the vehicles. Licensee/licensees will get the insurance policy
renewed from time to time during the period of licensing Railway has no liability towards such losses.
8. The licensee/licensees shall during the continuance of this license pay to the Administration for the use
of said premises under the conditions of this license as an annual license fee of only,
which will be increased @ 10% every subsequent year during the contractual period. The licensee/licensees
shall also duly pay during the continuance of this license all cesses, rates, water charges, taxes and other
charges of taxes in respect of the said premises or proportion of all cases, rates, water charges, taxes and
other charges of taxes of the said premises if they are not separately assessed in respect thereof and as may
be intimated to the licensee/licensees and any neglect or omission on the part of the Administration in
giving such intimation to recover such charges or taxes shall not prejudice and the right of the
Administration to recover the correct amount of such charges or taxes due from the Licensee/Licensees
from the date of occupation by him/her/them of the said premises is absolute. The cesses and other
charges will be payable annually with the first installment while the license fee will be payable in half yearly
installment every year. The half yearly license fee so worked out will be rounded of to the nearest rupees
and will be payable as per following plan/programme:-
1st installment by prior to the date of occupation.
2nd installment on or before completion of six months from the date of occupation.
3rd installment on or before completion six months from the date of occupation.
4th installment on or before completion of six months from the date o occupation.
The above mode of half yearly payment of license fee is for the each year during the currency of the
license.
9. Validity of license: The licensee/licensees shall produce income tax clearance certificate at the time of
each year ending during the currency of the license.
10. Subject to the terms and conditions contained in this indenture, the license shall be for a period of three
(3) years commencing from and terminating on……….. renewable thereafter at the
option of the administration after the revision of tenure and conditions of renewal of license, if at all..
11. Cleanliness of premises: The licensee/licensees shall always keep the plot of land in clean and sanitary
condition and shall remove all waste or uncleanable properties or whatever other materials or refuse there
may be from the said plot of land and private car/cycle/motor cycle/scooter stand on his/her/their failing
to do so, the administration may after giving twenty four hours’ notice forthwith remove the same at the
expenses of the licensee/licensees and disposes of the same in such manner as the administration may in
their absolute discretion think fit and such expenses shall be paid on demand by the licensee/licensees to
the administration.
12. Recovery of interest for delay in payment of license fee: In case the licensee/licensees delay(s) the
payment of amount shown in clause 8 above, the administration shall be at liberty to recover interest at
10% on the annual licence fee for the period for which the payment has been delayed.
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13. Licensee/licensees shall also deposit with the Financial Advisor & Chief Accounts Officer,
Eastern Railway, Kolkata as a security deposit. The amount of security deposit as per the calculation
given below has to be deposited by the successful bidder for the due and proper fulfillment of the contract.
And the amount of security deposit will have to be deposited in the form of Demand Draft/Pay Order in
favour of FA & CAO, Eastern Railway, Kolkata.
a) Up to one lakhs 10% of the value of contract.
b) Up to 2 lakhs 10% of the 1st one lakhs and 7.5% of the balance.
c) above 2 lakhs 10% of the 1st one lakhs, 7.5% of the next one lakhs and 5% of
the balance subject to maximum of Rs. 3 lakhs.
Water charges, Municipal taxes etc. subject to a maximum of Rs……………….. for due fulfillment of this
agreement and the said deposit or such portion thereof as may be available shall be refunded to the
licensee/licensees on the termination of this license provided that at the time of refunding such deposit, the
licensee/licensees shall surrender the original receipt granted by the Administration together with a receipt
of the refund dully stamped and signed by him/her/their. In case the licensee/licensees is/are unable to
return the original receipt, he/she/they shall be required to furnish an Indemnity Bond stamped and
executed by him/her/them. No interest will be paid on the said deposits.
14. Forfeiture of security deposit: In case the licensee/licensees makes/make any default in the payment of
the license fee, tax or any other charges that may be due to the administration, the administration shall be at
liberty to recover such license fee or other charges due from the said amount of security deposit, forfeit the
balance, if any, as liquidated damage, forthwith determine the license and proceed to resume possession in
a manner stipulated, herein.
15. Railway’s right to enhance license fee & other charges: The administration reserve right to enhance the
license fee or cess rates and water charges as and when necessary to do so and such enhanced charges will
be applicable and recoverable from licensee/licensees from the date of notice of enhancement in writing
served on the licensee/licensees unless the licensee/licensees vacate(s) the premises within one month of
the same notice.
16. The licensee/licensees shall at his/her/their own expenses and on his/her/their sole responsibility
obtain all other licensees/licensees (if any) necessary for carrying on his/her/their business for the subject
of this license on the said premises.
17. The licensee/licensees does/do not have the option or this authority to charge/levy the rates of private
car/ cycle/motor cycle/scooter for parking in the cycle stand/park in an independent manner, Such rates
are fixed by the Railway administration and the licensee/licensees will be bound to charge at the prescribed
rates fixed by the railway administration which are at present as under:-
A) Parking fee for each cycle:
i) For a period up to 6 hours or part thereof – Re. 1.00. only.
ii)For a period of every additional 3 hrs or part thereof – Re. 0.50 paisa only.
B) Parking fee for each Motor cycle/Scooter:
i) For a period up to 6 hrs or part thereof Rs. 3/-
For a period of every additional 3 hours or part thereof Rs. 1.00
Parking fees for 4 wheeler:-
For a period up to 06 hrs. or part thereof Rs.5.00 only
For a period of every additional 3 hours.
or part thereof. - Rs. 2.00 only
No such fees will be livable for parking of private car/cycle/motor cycle/scooter belonging to the Railway
administration or private car/ cycle/motor cycle/scooters of Railway employees duly authorized by the
Senior Divisional Commercial Manager, Eastern Railway, Asansol.
To ensure charging at prescribed rates for parking of private car/cycle/motor cycle/scooter in cycle stand,
licensee/licensees should give printed coupon to the persons offering to keep their private
car/cycle/motor cycle/scooter in cycle stand to avoid public complaint for charging at rates more than
prescribed by the Railway administration.
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18.The licensee/licensees shall appoint reliable and honest staff in adequate number and only such as are
able to control the traffic and one of the good moral character and shall furnish their names to the
administration.
19. The licensee/licensees shall be solely responsible for safe custody of private car/cycle/motor
cycle/scooter parked with him/her/them and for any loss or damage caused to any private
car/cycle/motor cycle/scooter in his/her/their custody and shall indemnify the administration against all
claims/demands/actions in respect of any loss or surcharge caused of/to any private car/cycle(s)/motor
cycle(s)/scooter(s) in his/her/their custody.
20. The licensee/licensees shall at all times maintain good behavior and shall not allow the doing of any
such act on the premises as might cause injury or annoyance to others or as might tend to cause a breach of
peace/complaint.
21. The licensee/licensees shall pay not less than the fair wages to the workers engaged by him/her/them,
the fair wages being the wages paid for similar works in the neighborhood and shall otherwise comply with
the provisions of the payment under the payment or wages act, 1986 or any statutory modification or
reenactment thereof or rules framed there under.
22. The licensee/licensees shall keep a proper record of such payment etc. and submit a certificate every
month to the administration in token of his having done so. The record shall be open to inspection by the
railway administration or any person authorized by them.
23. The licensee/licensees shall display a board duly painted at conspicuous places and inside the private
car/cycle stand exhibiting the daily parking charges for private car/cycle/motor cycle/scooter stand as laid
down in this agreement.
24. The licensee/licensees shall keep the stand open for 24 hours.
25. The licensee shall obey the terms & conditions as stipulated above and ensure no cycle, motorcycle and
scooter to be parked outside the demarcation area. In case of fault, a minimum fine of Rs. 500/-(Rupees
five hundred) on per occasion may be imposed by the Railway administration. Decision of Sr.DCM shall be
final in this regard. In case of default in payment from the due date of license fee to be paid 1% of the
amount of license fee due will be charged as penalty for every week of delay or part thereof.
26.The privileges in claused-1 hereof mentioned are granted on the express understanding that the
licensee/licensees shall be at liberty to determine and to put an end to the license; any time after the expiry
of the period of 12 months from its coming into force, without being liable for loss or damage which the
railway Administration may suffer by reason of such determination, by giving the Railway
Administration three months prior notice in writing of his intention to terminate the agreement.
27. It shall be lawful for the railway Administration to determine the agreement and to put an end at any
time without assigning any reason and without being liable for loss or damage which the licensee/licensees
may suffer by reason of such determination by giving the licensee/licensees three months’ prior notice in
writing of its intention to terminate the agreement.
28.Any notice hereunder shall be deemed duly served on the licensee/licensees if delivered or sent by
registered post with acknowledgement due to his/her/their
Address(s) mentioned below :-
i) Full Name :
Father’s Name :
Village/Town :
P.O: .
District/Pin code :
Full Name :
Father’s Name :
Post :
Village/Town
District/Pin code
29. If the license is determined before the expiry of the license period by the licensee/licensees in
pursuance of clause 12 or by the Administration due to default of licensee/licensees in pursuance of clause
20 or any other clause. The licensee/licensees will not be entitled to any refund of license fee for the un-
expired period. However if the license is terminated before the expiry of license period by the
Administration without any
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default on the part of the licensee/licensees, the Administration may at its sole discretion refund such
portion of license fees as may be considered reasonable and the decision of the Administration in this
regard shall be final and binding on the licensee/licensees.
30. Upon such a notice of determination being given as aforesaid licensee/licensees shall put down and
remove from the said land at their own expense on the determination of this license all structure erected as
or above and restore to its formal condition the land forming the site thereof and if default shall be made
herein the administration may after the expiry of the said period carryout so much of such pulling down,
removal and restoration as the licensee/licensees may fail to complete and all expenses incurred herein as
increased by the usual supervision charges shall be paid by the licensee/licensees to the administration on
demand being made thereto.
31. Nothing herein contained shall be constructed to create a tenancy of any claim or any right or interest
or easement in favour of licensee/licensees or in or over the said premises or to permit the
licensee/licensees to transfer or to sublet the benefit under this license to any other party.
(i)In all cases where the said plot of land is adjacent to Railway lines or sidings of the administration over
which trains are carried or shunting operations are conducted the licensees shall appoint responsible person
who shall be tested out all time whenever any labour is engaged on the said plot to take all precautions to
prevent accident s to life and property and more specially to see that all children are kept it a safe distance
from the lines of the administration.
(ii)The administration shall not be responsible for any loss or damage of any sort which may happen to the
property of the licensee/licensees or to which the licensee/licensees may be put from any cause
whatsoever.
32.The licensee/licensees hereby declare/declares that the name in the name
in or under which he/she/they carry on business by
himself/herself/themselves and that it is not the name of any other firm in which he/she/they
carries/carry on business in partnership and that he/she/they do/does/ not carry on business in
partnership with any other person or persons and that in case it shall at any time thereafter appear that the
said declaration herein contained or any part thereof is not true in fact the administration shall not be
bound to recognize any person/persons other than the licensee/licensees as being in any way interested or
concerned in this license or any benefit to accrue there under and that the administration shall in addition
be at liberty by a notice in writing under the hand of Divisional Railway Manager, Eastern Railway, Asansol
addressed to the licensee/licensees or to either or any of them or to his/her/their or either or any of
his/her/their heirs executors or assignees insolvency as the case may be immediately to put an end to this
license or that the licensee/licensees and any person or persons who may allege that they have any interest
in this licensee/licensees shall have no claim on the administration by reason of this license being
terminated in pursuance of the provision herein contained.
33.The licensee/licensees jointly and each of them severally shall at all times keep the administration their
offices and servants harmless, indemnify against and shall reimburse to the administration their officers and
servants or any of them all claims, demand, suits, losses, damages caused, charges and expenses whatsoever
including any claims under the workmen compensation act, 1923 and any amendments thereof which the
administration their officers or servants may sustains or incur or become liable to pay by reason or in
consequence of any injury or accident to any person or any property whatsoever whether owing to the
neglect carelessness or any other conduct whatsoever of the licensee/licensees his/her/their or either of
his/her/their agents, servants, and others in his/her/their employ during the use by him/her/them of the
license of the said premises or by any part thereof.
34. If the licensee/licensees on either or any of them shall die or be adjudicated an insolvent during the
continuance of the license hereby granted, this license shall absolutely seized and stand determined so far as
it concerns the estate of the party or parties so dying and heirs executors or administrators or other legal
personal representative of the party or parties so dying or assignees insolvency as the case may be shall
have no interest whatsoever under this license. And provided also that nothing there in this clause contain
shall be deemed to prejudice or to affect any claim which the administration may have against such heirs,
executors administrators or other legal personal representative or assignees in insolvency as the case may be
for in respect of any breach of any of the terms and conditions herein contain by the party or parties so
dying as aforesaid during his/her/their life time or life times or any right of indemnity the administration
may have under
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and by virtue of the provisions of clause 14 hereof. And provided also that this clause shall not be deemed
to prevent a surviving licensee/licensees from enjoying the privilege of the license in the same manner as
he/she/they would have been entitled to do if none of the licensee/licensees had died during the
continuance of this license.
35) Following sub-sections of Section 108 of the transfer of property Act 1882 save insofar as the same
may be reproduced by these presents shall not apply the rights and liabilities of the parties hereto
respectively under this agreement, namely, sub sections
36.The licensee/licensees shall be liable to pay such penalty as the Railway Administration may inflict for
complaints against the licensee/licensees’ managers etc., which in the opinion of the Railway administration
are bonafide and substantiated, without prejudice to the other remedial, which may be available under the
agreement the licensee/licensees shall be liable to pay at the sole discretion of the Railway Administration
and also penalty not exceeding a sum of Rs 500/-(Rupees five hundred) only for any action in
contravention of any of the clauses of this agreement.
37. The penalty so levied shall be paid by the licensee/licensees within a week of the date of demand for
payment and failing the same this agreement may be terminated.
38.If the licensee/licensees or either or any of them shall commit any breach of any of the provisions of
this license or in the event of the failure of the licensee to pay some due from them, under this license, the
administration shall be entitled to determine this license at once by a notice in writing under the hand of
the Divisional Railway Manager, Eastern Railway, Asansol addressed to the licensee/licensees where upon
this license shall absolutely cease and determine and the administration shall there upon be entitled to pull
down and to remove structure or structures which may have been erected by the licensee/licensees upon
the said land in pursuance of clause-3 hereof and to seal any materials and things so removed and to apply
the proceeds of sale in or towards the expenses of restoring the said piece of land or ground upon which
they are effected to its former conditions and towards all other expenses incurred by the administration in
this behalf as increased by the usual supervision charges and towards any loss or damages caused to the
administration in consequence of the breach of this license by the licensee/licensees and to recover any
deficiency from the licensee/licensees on demand being made therefore.
39. Any money recoverable from the licensee/licensees either under this license or any other license can be
recovered from any money payable to the licensee/licensees under this license or any other license.
40 The licensee/licensees shall pay all legal expenses, stamp duty, registration and translation charges and
all other costs, charges and expenses incurred in connection with these presents.
41. Any notice to be given to the licensee/licensees under the provision of these presents shall be
addressed to Ms./Messers
42. Subject to otherwise provided in this agreement all notices to be given on behalf of the President of the
Union of India and all other actions to be taken on his behalf may be given or taken on his behalf by the
Chief Commercial Manager, Eastern Railway, 3, Koilaghat Street, Kolkata – 700 001.
43.All disputes, questions or differences arising out of or in any way touching or concerning this agreement
(except those the decision whereof is otherwise herein forge specifically provided for) shall be referred to
the sole arbitration of any person appointed by the Chief Commercial Manager, Eastern Railway at the time
of such appointment. There will be no objection to any such appointment that the person appointed is
Government Servant, that he has to deal with the matter to which the agreement relates and that in the
course of his duties as such Government Servant he had expressed the views on all or any of the matter in
dispute or difference. The award of such arbitrator shall be final and binding on the parties to the
agreement. It is a term of this agreement that in the event of such arbitrator to whom the matter is
originally referred being transferred or vacating his office or being unable to act for any reason such Chief
Commercial Manager, Eastern Railway as aforesaid at the time of such transfer, vacation of office or
inability to act shall appoint another to act as arbitrator in accordance with terms to this agreement, such
person shall be entitle to proceed with the
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reference from the stage at which it was left by his predecessor. It is also a term of this agreement that no
person other than a person appointed by the Chief Commercial Manager, Eastern Railway as aforesaid
should act as arbitrator and if for any reason that it is not possible the matter is not to be referred to
arbitration at all Subject as aforesaid, the provision of the arbitration act, 1940 or any statutory modification
or reenactment thereof and the rules made hereunder from time to time shall apply to such arbitration. The
arbitrator may with the consent of the parties extended from time to time, the tenure for making and
publishing the award. The venue of arbitration shall be……………………………….
44. witness whereof Sr. Divisional Commercial Manager, Eastern Railway, Asansol of the Railway for and
on behalf of Union of India and Mr./Messers licensee/licensees have here unto set their respective hands
on the day and the year above written.
Signature
Witness
Assistant Commercial Manager,
Eastern Railway, Asansol
In presence of Senior Divisional Commercial Manager,
Eastern Railway, Asansol for and on
behalf of the President of India.
Signed in my presence:-
Signature of the licensee.
Witness
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