LOADING AND UNLOADING OF PARCEL RELATED ACTIVITIES THROUGH OUTSOURCING ROUND THE CLOCK FOR A PERIOD OF 02(TWO) YEARS Or (730 days) AT KHARAGPUR STATION.

Financial Turnover: The bidder should have an aggregate financial turnover not less than 1.5 times the advertised Bid value during the last three previous financial years and in the current financial year upto the date of opening of the tender. The audited balance sheet reflecting financial turnover certified by chartered accountant with his/her stamp, signature, UDIN and membership number shall be considered.

Liquidity: The bidder should have access to or has available liquid assets, lines of credit and other financial means to meet cash flow that is valued at 5% of the estimated bidvalue net of applicant's commitments for other contracts. The audited balance sheet and/or banking reference certified by chartered accountant with his/her stamp, signature, membership number and UDIN shall be submitted by the bidder along with bid. Banking reference should contain in clear terms the amount that bank will be in a position to lend for this work to the bidder. In case the Net Current Assets (as seen from the Balance Sheets) are negative, only the Banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted Banking references will be considered for working out the Liquidity. The banking reference should be from a Scheduled Bank in India and it should not be more than 3 months old as on date of submission of bids.

The bidder should have satisfactorily completed in the last three previous financial years and the current financial year upto the date of opening of the tender, one similar single service contract for a minimum of 35% of advertised value of the bid. Certificate from client firm authorizing payment received along with percentage penalties imposed, contract wise for completed/ongoing similar service contracts with satisfactory performance. Work experience certificate from private individual shall not be accepted. Certificate from public listed company/private company/Trusts having annual turnover of Rs 500 crore and above subject to the same being issued from their Head office by a person of the company duly enclosing his authorisation by the Management for issuing such credentials.

Similar Nature of work as approved by PCCM: Bidder/tender should enclose the documents with his application which shows that the firm has already performed such job of loading and unloading of parcel/goods/luggage elsewhere in the Railways/other department of State/Central Government whose contract value of work is not less than 35% of value of work for which tender is advertised.

Completed service contract includes on-going service contract subject to payment of bills amounting to at least 35% of the advertised value of the bid.

The bidder shall submit details of work executed by them along with bid for the service contracts to be considered for qualification of work experience criteria clearly indicating the nature/scope of contract, actual completion cost and actual date of completion for such contract

Notwithstanding the eligibility criteria being satisfied, railway administration reserves the right to reject/accept the bid after considering the various circumstances of the individual case.

Performance Guarantee:

Performance guarantee at a rate of 5% of the contractual value shall be deposited by the successful bidder within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and upto the date of submission of PG from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA). In case, the contractor fails to submit the requisite PG after 60 days from the date of issue of LOA, a notice shall be served to the contractor to deposit the PG immediately, however not exceeding 90 days from the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 90 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re- tender for that work. In case 60th day is a bank holiday or office closure next working day should be considered as the last day for submission of the PGs. Decision of Authority competent to sign the Contract Agreement would be final in case of any dispute.

The value of PG to be submitted by the, contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited in four equal parts by the contractor. On the other hand, if the value of Contract decreases by more than 25% of the original contract value, Performance guarantee amounting to 5% of the decrease in the contract value shall be returned to contractor. The PG amount in excess of required PG for decreased contract value, available with railways shall be returned to the contractor duly safeguarding the interest of Railways.

The applicable Performance Guarantee shall be calculated as per the revised value of the contract covering all variations upto the determination of the contract.

If the penalty imposed exceeds 50% of the applicable maximum penalty (as per the revised value of the contract), a PG equivalent to 25% of the applicable PG shall be forfeited. If the penalty imposed exceeds 75% of the applicable maximum penalty, a PG equivalent to 50% of the applicable PG shall be forfeited. The PGs shall be encashed after the completion of the contract.

The successful bidder shall submit the Performance Guarantees (PG) in any of the following forms, amounting to 5% of the contract value - (a) A deposit of cash; (b) Irrevocable Bank Guarantee; (c) Government Securities including State Loan Bonds at 5% below the market value; (d) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks; (e) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks; (f) A Deposit in the Post Office Saving Bank; (g) A Deposit in the National Savings Certificates; (h) Twelve years National Defence Certificates; (i) Ten years Defence Deposits; (j) National Defence Bonds and (k) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of PFA/GRC/Kolkata-43 (free from any encumbrance) may be accepted.

The Performance Guarantees shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. These PGs shall be initially valid up to the stipulated date of completion and maintenance period, if any plus 60 days beyond that. In case, the time for completion of service gets extended, the contractor shall get the validity of PGs extended to cover such extended time for completion and maintenance period, if any of service plus 60 days.

The Performance Guarantees shall be released after physical completion of the work/ service delivery based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the assigned services in all respects satisfactorily and passing of final bill based on "No Claims Certificate" from the contractor. In case any contract provides for warranty/ maintenance clause then 25 % of the Performance Guarantee would be retained till the warranty/ maintenance period is over and a certificate to that effect is issued by the Manager.

Whenever the contract is rescinded, the Performance Guarantees shall be encashed/ forfeited. The balance work or services for the same shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract. If the failed contractor is a Partnership firm, then every member/ partner of such a firm shall be debarred for a period of 2 years from the date of such rescindment from participating in the bid which includes delivery of balance services of failed contract in his/her individual capacity.

The Manager shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of - ( a ) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Manager may claim the full amount of the Performance Guarantee. (b) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Manager. (c) The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

Earnest Money Deposit: (a) Earnest Money should be deposited by the bidder in favour of PFA/GRC/Kolkata-43 from any nationalized bank. (b) It shall be understood that the Bid documents have been sold/issued to the Bidder and the Bidder is permitted to bid in consideration of stipulation on their part, that after submitting her Bid she will not resile from her/ their offer or modify the terms and conditions thereof in a manner not acceptable to the Manager. Should the Bidder fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If her Bid is accepted, this earnest money will be returned to the successful bidder after the submission and verification of the Performance Guarantees as per clause 4.11 of the General Conditions of Contract for Services. The Earnest Money of other Bidders shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. (d) The Earnest Money should be demanded in the form and manner as per the latest instructions issued by the Railway Board from time to time.

PAYMENT TERMS: The standard payment terms subject to recoveries as mentioned in the agreement or of any amount under the liquidated damages clause of contract will be as under:

The labours deployed by the contractor for the entire work must have individual Bank account in their own name. The payment to the labour by the contractor shall be made as per the latest minimum wages issued from Chief labour Commissioner (C) through Bank accounts of the individual labour only and not in cash. The contractor while submitting the on account/final bill for a particular month shall enclose the photocopy of the bank statement showing that payment has been made directly to bank account of the labours in the previous month. The payment of the contractor will not be released on failure to submit the bank statements for each and every labour.

On account payment will be made to the firm/contractor on monthly basis. Monthly Bills duly certified by CCI/CI, CPS & SMR as per format in three copies, accompanied with Measurement Book, must be submitted in the office of Sr. DCM/KGP for verification and certification for payment and submission to Sr. DFM for checking and arranging payment through NEFT/RTGS.

Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty and fine as specified in penalty clause or any other contract in respect of which the President of India is the contracting authority.

The SAC code may be indicated specifically to make applicable correct CGST rate with ITC. ITC if applicable shall be passed on to the Railways

The bidder shall be required to deposit earnest money with the bid for the due performance with the stipulation to keep the offer open till such date as specified in the bid, under the conditions of bid. The earned money shall be deposited online.

The contractor is required to provide documentary evidence to show the coverage of all her workers or labourers under the Government scheme on an annual basis. Upon verification of the records by Railways, payments can be released to the contractor.

Mandate form to be submitted in prescribed format as per annexure.

PAN, GST & other tax compliance documents to be furnished.

The contractor shall not violate the provision of the minimum wages act as well as other statutory state and central labour laws. Violation of these shall lead to automatic termination of the contract without assigning any reason.

Please enter the percentage of local content in the material being offered. Please enter 0 for fully imported items, and 100 for fully indigenous items. The definition and calculation of local content shall be in accordance with the Make in India policy as incorporated in the tender conditions.

Right of Railway to deal with Bids: The Railway reserves the right not to invite bids for any of railway service/s and when Bids are called to accept a Bid in whole or in part or reject any Bid or all Bids without assigning reasons for any such action. The authority for the acceptance of the Bid will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest Bid or any other Bid and no Bidders(s) shall demand any explanation for the cause of rejection of their Bid nor the Railway to assign reasons for declining to consider or reject any particular Bid/s. (a) If the bidder(s) deliberately gives /give wrong information in her / their tender or creates / create circumstances for the acceptance of her / their tender, the Railway reserves the right to reject such tender at any stage. (b) If the bidder(s) expire(s) after the submission of her / their tender or after the acceptance of her / their tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character. (c) If the bidder, whose bid has been found to be the lowest evaluated bid withdraws or whose bid has been accepted, fails to sign the procurement contract as may be required, or fails to provide the security as may be required for the performance of the contract or otherwise withdraws from the procurement process, the Procuring Entity shall cancel the procurement process. Provided that the Procuring Entity, on being satisfied that it is not a case of cartelization and the integrity of the procurement process has been maintained, may, for cogent reasons to be recorded in writing, offer the next successful bidder an opportunity to match the financial bid of the first successful bidder, and if the offer is accepted, award the contract to the next successful bidder at the price bid of the first successful bidder. This clause shall not be applicable for Consultancy contracts.

Care in submission of Bids: (a) Before submitting a Bid, the Bidder shall be deemed to have satisfied herself by actual inspection of the site and locality of the services, that all conditions liable to be encountered during the delivery of the services are taken into account and that the rates she enters in the Bid forms are adequate and all-inclusive to accord with the provisions in Clause - 4.42 of the General Conditions of Contract for the delivery of services to the entire satisfaction of the Manager. (b) When the service is bidded for, by a firm or a company of contractors, the Bid shall be signed by the individual legally authorized to enter into commitments on their behalf. (c) Railway shall not be bound by any power of attorney granted by the Bidder or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

Execution of Contract Document : The Bidder whose bid is accepted shall be required to appear in person at the office of concerned Manager, as the case may be, or if a firm or corporation, a duly authorized representative shall so appear and execute the contract document within 7 days after receipt of notice issued by the Railway that such documents are ready; and failure to do so shall constitute a breach of the agreement affected by the acceptance of the bid in which case the Railway may determine that such Bidder has abandoned the contract and there upon her bid and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money of the bid and performance guarantees for the bid available with the Railway.

Form of Contract Document : Every contract shall be complete in respect of the document it shall so constitute. Not less than 3 copies of the contract document shall be signed by the competent authority and the contractor - one copy given t o the contractor, one copy for the finance department and one copy for the contract manager.

Service of Notices on Contractors: The Contractor shall furnish to the Manager the name, designation and address of her authorized agent and all complaints, notices, communications and references shall be deemed to have been duly given to the Contractor, if delivered to the Contractor or her authorized agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on day on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Manager.

Occupation and Use of Land: No land belonging to or in the possession of the Railway shall be occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to be used, the site for any purposes other than that of executing, or in relation to the execution of the services.

Assignment or Subletting of Contract: The Contractor shall not assign or sublet the contract or any part thereof or allow any person to become interested therein in any manner whatsoever without the special permission in writing of the Railway. Any breach of this condition shall entitle the Railway to rescind the contract under Clause 7.4 of these Conditions and also render the contractor liable for payment to the Railway in respect of any loss or damage arising or ensuing from such cancellation. The permitted subletting of services by the Contractor shall not establish any contractual relationship between the subcontractor and the Railway and shall not relieve the Contractor of any responsibility under the Contract.

Railway Passes: No free Railway passes shall be issued by the Railway to the Contractor or any of her employees/ workers. Wherever required 'authority for entering restricted area' or 'authority for on board services' shall be provided.

Force Majeure: If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of the happening of any such event is given by either party to the other within 7 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other i n respect of such non performance or delay in performance, and works/ services under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Manager as to whether the works/ service have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract by giving notice to the other party.

Contractor's Understanding: It is understood and agreed that the Contractor has, by careful examination, satisfied herself as to the nature, scope and location of the services, the type / character of equipment and facilities needed preliminary to, and during the progress of the services, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the services under the contract.

Commencement of Services: The Contractor shall commence the services within 15 days (unless specified otherwise) after the receipt by her of an order in writing to this effect from the Manager or as directed by the Manager and shall proceed with the same with due expedition and without delay.

Variations, Measurements and Payments: The conditions laid in the "Variations, Measurements and Payments" in Chapter V of General Conditions of Contract for Services shall be followed.

The submission of a Tender by a tenderer shall be deemed to imply and taken as indicating that he has read, understood and abided by the conditions stated therein and the S. E. Railway schedule of Rates (Current Edition) and Indian Railways Standard General condition of Contract for services including correction slips thereto up to the date of opening of Tenders. Conditions not mentioned, if any, shall be governed by the General Conditions of Contract for Services with amendments made up to date.

For settlements of disputes & Arbitration, provision of relevant clauses of Indian Railway standard general condition of contract for services 2018 with up-to-date correction slip will be followed.

The contractor shall be the independent employer of his staff and all personnel employed or engaged by the contractor at his own cost and expense to carry out the agreed work under this contract shall be his employees and not of the Railways. No free pass or privilege ticket order or residential card pass will be issued to the contractor or any of his staff and they themselves shall meet the expenses for coming to and return from the place of work. All direct or indirect costs and obligations pertaining to employment of specialized manpower shall be borne by the contractor himself.

Labour Laws and Related Obligations: Contractor shall comply with the New Labour Code i.e, (i) Code on Wages, 2019 (ii) Social Security Code, 2020 (iii) Occupational Safety, Health and Working Conditions Code, 2020 & (iv) Industrial Relations Code, 2020. All the conditions and specifications should carefully be studied by the tenderer/tenderers before submitting his/their tender.

Timely payment of wages: Contractor must ensure disbursement of wages within the prescribed time limits without any delay. The time limit for Monthly payment of wages as per Code on Wages 2019 is within 7 days of next month.

Issuance of Appointment Letters: The contractor shall issue a formal appointment letter to every contract worker, clearly specifying the terms and conditions of employment, in compliance with the provisions of The Occupational Safety, Health and Working Conditions Code, 2020. This is intended to safeguard the rights of the workers and ensure statutory compliance. The prescribed format of the appointment letter shall be obtained from this office after the successful award of the contract and shall be used for this purpose.

Issuance of Wage Slips: The contractor shall issue wage slips to all contract workers at the time of disbursement of wages, clearly indicating the gross wages, deductions (if any), and the net amount payable, in accordance with the provisions of the Code on Wages, 2019. The prescribed format of the wage slip shall be obtained from this office after the successful award of the contract and shall be used for this purpose.

The evaluation of Handling contract of loading/unloading of Parcel is to be evaluated as every day's work performance basis and availability of labours. This shall be signed jointly by the Chief Parcel Supervisor (CPS), Sectional CCI/CI, SMR and the Contractor.

Payment will be made to the contractor on monthly basis. The contractor shall submit his bills by 2nd of every month. The bill shall be verified and signed by Chief Parcel Supervisor (CPS), Sectional CCI/CI, SMR and the Contractor. The payment shall be made subject to the deductions for which the contractor is liable.

The contractor has to undertake the handling work of loading/unloading of Parcel activities in accordance with the scope of work as annexed with this tender document. The contractor shall maintain the daily attendance of the manpower engaged for activities of handling work of loading/unloading of Parcel of the station on daily basis. If at any point it is seen that the contractor is not doing the work to the satisfaction of the Railway, the work shall be undertaken by engaging suitable labourers by the Railway and the cost incurred in this regard shall be paid by deducting the same from the monthly bill of the contractor or from the Security Deposit whichever is suitable.

Price Variation Clause (PVC): Price Variation Clause shall be dealt as per GCC of service 2018 and its correction slip/amendment from time to time.

Right of Railway after Rescission of contract owing to default of contractor: It shall be dealt as per GCC of services 2018 or its upto date amendment.

DETERMINATION OF CONTRACT:

Right of Railway to determine the contract: The Railway shall be entitled to determine and terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and/or of work done to date by the contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof.

Payment on Determination of contract: Should the contract be determined and the contractor claims payment for expenditure incurred by her in the expectation of completing the whole of the work, the Railways shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Manager. The Railway's decision on the necessity and propriety of such expenditure shall be final and conclusive.

No claim on compensation: The contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which she might have derived from the execution of the work in full but which she did not derive in consequence of determination of contract.

Determination of Contract Owing to Default of Contractor:If the contractor should-(a) Become bankrupt or insolvent, or(b)Make an arrangement with of assignment in favour of her creditors, or agree to carry out the contract under a Committee of Inspection of her creditors, or(c) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction),or(d) Have an execution levied on her goods or property on the services, or(e)Assign the contract or any part thereof otherwise than as provided in clause 4.5 of these Conditions, or(f) Abandon the contract, or(g)Persistently disregard the instructions of the Manager, or contravene any provisions of the contract, or(h) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or(i)Have been imposed with maximum cumulative penalty as per clause 4.17.1,or(j)Fail to remove materials from the site or to pull down and rectify service wherever applicable after receiving from the Manager notice to the effect that the said materials or(k)Have been condemned or rejected under clause 4.25,4.27and 4.28 of these Conditions, or(l)Fail to take steps to employ competent or additional staff and labour as required under clause 4.26 of the Conditions, or(m) Fail to afford the Manager or Manager's representative proper facilities for inspecting the services or any part thereof as required under clause 4.29 of the Conditions, or(n)Promise ,offer or give any bribe, commission, gift or advantage either herself or through her partner, agent or servant to any officer or employee of the Railway or to any person on her or on their behalf in relation to the execution of this or any other contract with this Railway.(o) At any time after the bid relating to the contract, has been signed and submitted by the contractor, being a partnership firm admits as one of its partners or employees under it, or being an incorporated company elect or nominate or allow to act as one of its directors or employee under it in any capacity whatsoever, any retired officer of the Gazetted rank or any other retired Gazetted officer working before her retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Railways for the time being owned and administered by the President of India before the expiry of one year from the date of retirement from the said service of such officer, unless such officer has obtained permission from the President of India or any officer duly authorised by her in this behalf, to become a partner or a director or to take employment under the contract as the case may be, or(p)Fail to give at the time of submitting the said bid:

1. The correct information as to the date of retirement of such retired officer from the said service, or as to whether any such retired officer was under the employment of the contractor at the time of submitting the said Bid, or 2. The correct information as to such officers obtaining permission to take employment under the contractor, or 3. Being a partnership firm, the correct information as to, whether any of its partners was such a retired officer, or 4. Being in incorporated company, correct information as to whether any of its directors was such a retired officer, or 5. 22.4.1 Being such a retired officer suppress and not disclose at the time of submitting the said bid the fact of her being such a retired officer or make at the time of submitting the said bid a wrong statement in relation to her obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor. Then and in any of the said clause, the Manager on behalf of the Railway may serve the contractor with notices stipulated as per GCC clause.

Performance Notice: (a) In the event the above and in any of the said clauses, the Manager on behalf of the Railway may serve the Contractor with a Performance notice in writing to the effect to make good the default as well as initiation of bidding process for the balance service. (b) Railways reserve the right to float a new tender and invite bids for the delivery of services to replace the contractor put on notice, from the date on which this notice is served. The existing contractor shall not be allowed to participate in any bid which includes delivery of balance services of subject contract. However, in case the existing contractor's performance has improved to the satisfaction of the Manager, then Railways may terminate the bid proceedings, at any stage of the bid process. (c) Notwithstanding Railway's initiation of the bidding process, the financial bids shall be opened only after the termination of the subject contract. (d) After the issue of this notice, the performance of contractor shall be assessed on a weekly basis by the manager. Manager, if satisfied with the improvement in the performance of contractor, may issue a letter of revocation of the performance notice asper GCC clause. If the performance is found unsatisfactory after the first week or thereafter, then Railways will be at liberty to issue the 7-day notice, which will be asper GCC clause.

Seven Days' Notice: After delivery of the performance notice to the contractor, if she does not proceed to make good her default and carry on the services or comply with such directions as aforesaid, to the entire satisfaction of the Manager, the Railway shall be entitled to serve 7 days' notice as per GCC clause, further in writing to either commence the service or improve quality of services to the prescribed standard. The failure to do so shall entail a termination notice being served under the hand of the Manager, to rescind the contract as a whole or in part or parts (as may be specified in such notice).

Termination Notice: If no action to commence the service or improve the quality thereof is taken by the contractor within the 7 days' notice period, then a final termination notice as per GCC clause shall be issued.

Right of Railway After Rescission of Contract Owing to Default of Contractor:

The contractor shall have no claim to compensation for any loss sustained by her by reason of her having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the delivery of the services wherever applicable or the performance of the contract and contractor shall not be entitled to recover or be paid any sum for the services wherever applicable thereto actually performed under the contract unless and until the Manager shall h a v e certified t h e performance o f such services wherever applicable and the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified.

The Manager or the Manager's Representative shall be entitled to take possession of any materials, t o o l s , implements, machinery and buildings on the services wherever applicable or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the services wherever applicable or any part thereof until the completion of the services without the contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof.

The Manager shall as soon as may be practicable after removal of the contractor fix and determine ex parte o r b y o r after reference to the parties or after such investigation or enquiries as she may consider fit to make or institute and shall certify what amount (if any} had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the services then actually done by her under the contract and what was the value of any unused, or partially used materials, any tools and plants and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Manager should be released expeditiously.

Illegal Gratification:

Any bribe, commission, gift o r advantage given, promised or offered by or on behalf to the contractor or her partner, agent or servant or, anyone on her behalf, to any officer or employee of the Railway, or to any person on her behalf in relation to obtaining or execution of this or any other contract with the Railway shall, in addition to any criminal liability which she may incur, subject contractor to the rescission of the contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such decision and the Railway shall be entitled to deduct the amounts so payable from any moneys due to the contractor(s) under this contract or any other contracts with the Railway.

The contractor shall not lend or borrow from o r have o r enter into any monetary dealings or transactions either directly or indirectly with any employee of the Railway and if she shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the commission or any such offence or compensation payable to the Railway under this clause shall be settled by the General Manager of the Railway, in such a manner as she shall consider fit & sufficient and her decision shall be final & conclusive. In the event of rescission of the contract under this clause, the contractor will not be paid any compensation whatsoever except payments for the work/ services rendered up to the date of rescission.

Contractor Understands: It is understood and agreed that the contractor has, by careful examination, satisfied herself as to the nature, scope a n d location o f t h e services, the type I character of equipment and facilities needed preliminary to, and during t h e progress of the services, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the services under the contract

Commencement of Services: The contractor shall commence the services within 15 days (unless specified otherwise) after the receipt by her of an order in writing to this effect from the Manager or as directed by the Manager and shall proceed with the same with due expedition and without delay.

Damage to Railway Property or Private Life and Property: The contractor shall be responsible for all risk involved in the services rendered and for trespass and shall make good at her own expense all loss or damage whether to the works/services themselves or to any other property of the Railway or the lives, persons or property of others from whatsoever cause in connection with the and this although all reasonable and proper precautions may have been taken by the contractor, and in case the Railway shall be called upon to make good any costs, loss or damages, or to pay any compensation, including that payable under the provision of the workmen's compensation act o r any statutory amendments thereof to any person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on the part of the contractor; the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Railway may incur in reference thereto, shall be charged to the contractor. The Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the contractor, to take such steps as may be considered necessary or desirable toward off or mitigate the effect of such proceedings, charging to contractor, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defense or compromise, and the incurring of any such expenses shall not be called in question by the contractor.

SETTLEMENT OF DISPUTES:

Matters finally determined by the Railway: AII disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the GM and the GM shall, within 120 days after receipt of the contractor's representation, make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in Clauses 3.5,4.13,4.22.4,4.41.1,5.4.2, 5.5.2. (c),6.5,6.6,6.7,6.8,7.1,7.2,and 7.4 and sub clauses thereof of General Conditions of Contract for Services or in any clause of the Special Conditions of the Contract shall be deemed as 'excepted matters'(matters not arbitral) and decisions of the Railway authority, thereon shall be final and binding on the contractor; provided further that 'excepted matters' shall stand specifically excluded from the purview of the Arbitration Clause

Demand for Arbitration: ln the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make decision within120 days, then and in any such case, but except in any of the "excepted matters" referred to in clause 63 of these Conditions, the contractor, after 120 days but within 180 days of her presenting her final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.

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 or difference, in 31.2.1 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.

The parties may waive off the applicability of sub-section 12(5) of Arbitration and Conciliation (Amendment) Act 2015, if they 31.2.2 agree for such waiver, in writing, after dispute having arisen between them.

(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 her claim stating the facts supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.(c )The Railway shall submit 31.2.3 its defense statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.(d)Place of Arbitration: The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original 31.2.4 claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

lf the contractor(s) does/do not prefer her/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for 31.2.5 payment, she/they will be deemed to have waived her/their claim (s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

Obligation during pendency of Arbitration:Work under the contract shall unless otherwise directed by the Manager 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.

Appointment of Arbitrator:

Appointment of Arbitrator where applicability of section12 {5)of Arbitration and Conciliation Act has been waived off.(a)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 a Sole Arbitrator who shall be a Gazetted Officer of Railway not below JAG, 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. (b) In cases not covered by the above clause, 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 Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least 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 31.4.1 Arbitrator to the contractor within 60days from the day when a written and valid demandfor arbitration is received by the GM. Contractor 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 at least one out of 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 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.

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 at least 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. Contractor will be asked to suggest to General Manager at least 2 names out of the panel 31.4.2 for appointment as contractor's nominee within 30days from the date of dispatch of the request by Railway. The General Manager shall appoint at least 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 soappointed.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 arbitrator, it will be necessary to ensure that one of them has served in the Accounts Department.

lf one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates her/their office/offices or is/are unable or unwilling to perform her 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 her/their place in the same manner in which the earlier 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).(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 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. 31.4.3 (c)Qualification of Arbitrator(s): (i) Serving Gazetted Railway Officers of not below JA Grade level. (ii)Retired Railway Officers not below SA Grade level, three years after his date of retirement.(iii) Age of arbitrator at the time of appointment shall be below 70 years.(iv)An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (v) While appointing arbitrator(s) under Sub-Clause above, due cares hall 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 her/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 her/their duties expressed views on all or any of the matters under dispute.(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. (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 a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.(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.

In case of the Tribunal, comprising of three Members, any ruling on award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

Where the arbitral award is for the payment of money, no 31.4.5 interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

(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 Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the prescribed format after/ while referring these disputes to Arbitration. Further, the fee payable to the arbitrator(s)would be governed by the 31.4.6 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.

Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and relevant 31.4.7 para of General Conditions of Contract (GCC) and any statutory modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings under this Clause.

All the terms and conditions in this contract applies as per General Conditions of Contract for Services-2018 with upto date correction slip or amendment will be followed.