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Instructions to tenderers regarding tender forms downloaded from Internet

1. Tender form is to be down loaded from the Internet and printout is to be taken on A4 size
paper and details are to be entered by the tenderer at the various locations in the document.
It is advisable that the down loaded tender document to be printed through laser printer only.
Submission of Xerox or photocopy of tender document is prohibited.

2. The tender document (in full) downloaded along with the various documents are required to
be submitted as per the tender conditions in a sealed cover duly subscribing with the name
of the work, tender notice number and date, submission of tender downloaded from
the internet etc., and the same should be dropped in the tender box kept in the
office specified in the tender document before the date and time stipulated in the tender
notice.

3. The cost of tender document will have to be deposited by the tenderer in the form of bank
draft payable in favour of Accounts Officer concerned specified in the tender document along
with the tender. This should be enclosed as a separate Demand Draft. A single demand draft
for the cost of tender form and Earnest Money Deposit will not be accepted. Tender not
accompanied with the demand draft towards the cost of the tender document will be
summarily rejected.

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

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

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

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

8. If any change/addition/deletion is made by the Tenderer/Contractor and the same is detected

at any stage even after the award of the tender, full earnest money deposit will be forfeited
and the contract will be terminated at his/their risk and cost. The tenderer is also liable to be
banned from doing business with Railways and/or prosecuted.

Signature of the tenderer

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Tender form for Leasing of Brake van space (SLR)
Tender Notice No. U/C.206/SLR leasing/2015-16/II dated 11.01.2016
To
The President Represented by
The Senior Divisional Commercial Manager,
Southern Railway,
MADURAI – 625 016.

I/W e……………………………………………………………………….......... (Name of the firm/

agency/individual) hereby submit our offer for leasing of Brake Van space (SLR) at the rates as
under:
Leasing required:

1. (a) Train Number :

(b) Item Number as per tender notice :

(c) Leasing required from station :

(d) Leasing required to station :

(e) Number of 4 Tonne Compartments required

(One or Two or Three) :

(f) Number of days of lease required in a week

(Mention the days viz. Monday, Tuesday......) :

(g) Number of days leave required in one year (The maximum :

leave during a year should not exceed @ one leave after
30 lease operations i.e., maximum 12 leave during a year
In case of daily train)

(h) Loading/unloading if required at intermediate stations :

(Mention station’s full name )

2. Lump sum rate for one 4 tonne compartment :

per day / per trip (In figures).
(Rupees ....................................................................................................... ) in words.

3. Details of EMD remitted :

(Rs.1,00,000/- per 4 Tonne compartment)

Amount :

Demand Draft / Banker Cheque No.& date :

Validity of DD up to :

Signature of the tenderer

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Drawn on Bank :

Name of the Branch :

4. Details of Demand Draft paid towards cost

of the tender form (Rs. 1,145 /-) :

Amount :

Demand Draft / Banker Cheque No. & date :

Validity of DD up to :

Drawn on Bank :

Name of the Branch :

5. Details of Registration with Railways (Photocopy of

the registration certificate issued by MADURAI
Division, Southern railway should be enclosed). : Enclosed/Not enclosed

6. Declaration about the tenderer :-

(a) Whether the tenderer is already registered leaseholder : Yes / No

in any Zonal Railway / Divisions, If so details thereof
...................................................................................................
(b) Whether their Registration has been cancelled by any : Yes / No
Zonal Railway / Division. If so details thereof
.....................................................................................................
(c) Whether they have been debarred for fresh registration : Yes / No
by any division / Zonal railway.

If so details thereof ......................................................................................

(d) Whether any punitive action has been taken by any of : Yes / No
the Zonal Railway / Division.

If so details thereof ................................................................................

( e ) Whether any Railway’s dues are pending against them : Yes / No

at any Zonal Railway / Division.

If so details thereof ...................................................................................................

Signature of the tenderer

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If any information /declaration made is found to be false at any stage before/after

award of contract or deliberately defraud with the Railways, his registration will be
cancelled and registration fee will be forfeited. In addition to forfeiture of
registration fee, all his existing leasing contracts being operated from that division
would also be cancelled.

7. I/W e agree to keep this offer open for acceptance for a period of ninety days from the date of
opening of the tenders.

8. All rights are reserved with the Senior Divisional Commercial Manager, Southern Railway,
MADURAI Division to withdraw / cancel the tenders without assigning any reason.

Declaration
I/W e have gone through the special terms and conditions of this tender for leasing of Brake
van space, enclosed with this tender form and assure that I/W e will abide by them. I/W e
have downloaded the tender form from the Internet site www.sr.indianrailways.gov.in and I/W e
have not tampered/modified the tender forms in any manner. In case, if the same is found to be
tampered/modified I/W e understand that my/our tender will be summarily rejected and full earnest
money deposit will be forfeited and I/We am/are liable to be banned from doing business with
Railways and/or prosecuted.

Full Name (in Block letters) :

Full Address & Pin Code :

Phone Number (Landline & Mobile) :

Fax Number :
Email :
Bank Name and Address :
Bank Account No (MICR No &
I FSC C o d e o f t h e B a n k ) :

Enclosures (Please put a ‘tick’ mark)

1) Earnest Money Deposit.
2) Cost of tender form (in case of forms down loaded from web site).
3) Copy of Registration certificate issued by MADURAI Division, Southern Railway.
4) Tender conditions, signed in all pages.
5) Copy of registration certificate issued by other division, if any
6) Copy of audited Profit and Loss account and balance sheet for the financial year 2014-15
7) All the pages of the tender documents and enclosures should be self attested by the
tenderer.

Place : Yours faithfully,

Date :

Signature of the tenderer

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SPECIAL TERMS AND CONDITIONS OF TENDER FOR LEASING OF PARCEL SPACE IN

BRAKE VAN (SLR) OF MAIL/EXPRESS/PASSENGER TRAINS

1. Leasing of Parcel space in Brake Van for transportation of parcels is normally between
originating and terminating points of the assigned train. However, leasing from intermediate
stations will be done, in case there is no offer received from originating station, subject to the
condition that the leasing at intermediate station is operationally feasible.
2. Eligibility:
a. The applicant must be a ‘’B” category registered lease holder in Southern Railway,
MADURAI DIVISION. The applicant should enclose Photostat Copy of Registration
Certificate to this effect and offers received without copy of Registration Certificate
would be summarily rejected. City booking agency and out agency shall not be
eligible to participate under this contract.
b. The applicant/firm/company who applies shall have minimum annual turnover of
Rs.50 lakhs during the last financial year and in support of the same should furnish
the Audited Balance Sheet and Profit and Loss account of the last financial year.

3. Earnest Money Deposit:-

The Earnest Money Deposit is Rs.1,00,000/- for Parcel space per 4 Tonne Compartment of
Brake van (SLR) should be in the form of Demand Draft/ Bankers Cheque (Pay Order), issued by
any of the Nationalized/Scheduled Banks approved by RBI.

The DD/Banker’s Cheque should be drawn in favour of Sr. Divisional Finance Manager,
Madurai Division , Southern Railway, MADURAI - 625 016. No interest would be paid for the
EMD deposited with the Railways. Tenders not accompanied by EMD would summarily be
rejected. Earnest money deposit of the successful bidder would be converted into security
deposit, if the bidder so requests.

4. Refund of EMD:-
a). After finalization of tender, EMD of all unsuccessful bidders would be refunded. For refund
of EMD the details of Bank to which the same is to be sent is to be furnished.

b). EMD of the successful bidder would be converted into Security Deposit if the bidder so
requests.

5. Forfeiture of EMD:
The EMD will be liable for forfeiture without any prejudice to any other rights or remedies

a). If the tenderer withdraws the offer before finalization of the leasing process by the
administration.

b). If the successful tenderer fails to execute the contract documents (Agreement) within 10 days
from the date of issue of the letter of award of lease contract.

c). If the party fails to commence loading within 15 days from the date of issue of the letter of
award of lease contract. If the leaseholder fails to take up the contract he will be debarred at
least two years from participating in the tender in that division / Zonal Railway

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.6. Consideration of offer below the prescribed Reserve Price:

If no offers(s) are received above the prescribed reserve price then Railway may consider offer
(s) below reserve price for a reduced period..

The minimum bench mark for accepting the offer (s) shall be 50% of the prescribed reserve
price applicable for that category of service/train (except trains, notified under(i) Rajdhani Parcel
Service’ (Scale-R)’ & (ii) Premier Parcel Service under’(Scale-P)’ for full leased capacity of that
unit which is to be leased out.

The above provisions shall not be made applicable in case of leasing of Brake van
(SLR)/Assistant Guard Cabin (AGC) by trains, notified under i) Rajdhani Parcel Service’(Scale-
R)’;& (ii) Premier Parcel Service under’(Scale-P)’for which offers below 100% of reserve price will
not be accepted.

7. Submission of tender documents:-

a) Separate Tender Form should be submitted for each train.

b) The tenderer should specifically mention the number of 4 tonne compartments required and
also the days of a week required by them for loading. The tenderer should quote lump sum rate
as per the carrying capacity of one compartment of Brake van (SLR) i.e. 4 tonne. The rate
quoted should be written both in figures and words. If there is a variation in the rate written in
figures and in words, the rate written in words will be taken in to account.

c) 2% development charge on parcel services will be collected to fund Dedicated Freight

Corridor (DFC). This is an additional payment to the lumpsum leased freight and need not be
included in the rate quoted in the tender form.

d) In addition to the development charges, 4.35% service tax will be leviable on all parcel
traffic and will be collected along with the lumpsum leased freight.

e) The lease contract will be for a period of three years.

f) The tender document duly signed on each and every page of the instructions , tender form
and special terms and conditions of the tender schedule for leasing of space in Brake van
(SLR) along with requisite EMD should be dropped in the box kept for this purpose in the
office of the Sr. Divisional Commercial Manager, MADURAI division, Southern
Railway, MADURAI-625 016 on the day specified in the Tender Notice.

g)The cover should be super scribed with “Tender for leasing of SLR space
by Train No………. in ……………..Compartment”

h) The Tenders will be opened at 15.30hrs on 16.02.2016 as specified in the

Tender Notice in the Office of the Senior Divisional Commercial Manager, Madurai
Division, Southern Railway, Madurai – 625 016. Tenderers/representatives of firms may
be present at the time of opening of tenders, if they so desire.

i) In case, the date of opening of tenders is declared a holiday, tenders will be opened on the
following working day at the same time and place.

Signature of the tenderer

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j) Late, delayed, incomplete tenders and tenders not complied with the Terms and Conditions for
leasing of Brake Van space will be summarily rejected, without assigning any reason thereof.
Tenders sent by Post/VPP/Courier Service will not be accepted.

8. Revision in lumpsum leased freight during contract period.

(1) Budgetary or any other increase in the tariff rates shall be made applicable in case
of leased traffic during the currency of contractual period. The lumpsum leased rate shall be
increased accordingly on pro rate basis, whenever tariff rates are increased / decreased
accordingly on pro rate basis.

Revision of leased rates in case of tenders under process / Finalisation stage.

(2) Whenever tariff rates are increased / decreased the lumpsum lease freight will be increased/
decreased on pro rate basis even in case of parcel leasing tenders, which are in process or
under finalization stage

9. Leasing of space in Brake Vans (SLR) from Intermediate stations:

a) Parcel space in SLR of passenger carrying trains will normally be leased out from train
originating station to its terminating station.

b) In case where there is no offer from originating/intermediate station of the railway, after
“inviting open tender” Division / Zonal railways will lease out parcel space from intermediate
stations provided that stoppage time of the train at that intermediate stations is 10 minutes or
more.

10 Finalisation of offers:
The tender shall be finalized on the basis of the total annual value of earnings offered by the
prospective lease holders.

The highest bid will be determined on the basis of the total annual value of the contract (amount
offered by the tenderer x number of days specified by in the tender form). The tenderer whose
annual value of the contract is the highest among the participants will be treated as the highest
bidder.

11.Leave
a). The leaseholder can avail one day leave after 30 lease operations ie. Maximum
12 leave during a year in case of daily train and one day per 30 services in case of
weekly/bi- weekly trains. However, the leave can be availed only after completion of 30
services of lease operations.

b) If the leaseholder does not mention any leave or mention “Nil” in the column of
leave, no leave will be granted

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

d) This leave may be availed by the lease holder as per his choice.

e) This leave can be accumulated and availed of at one time so.

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

g) For the purpose of granting leave the year should be counted from the date of
commencement of the contract as mentioned in the agreement. At the end of each
contract year, accumulated leave would lapse, and balance leave at the start of next
contract year would start from zero.

h). In case the leaseholder exceeds the number of leave days as mentioned by him in the
tender form, he shall have to pay full lump sum lease freight.

i) If found to have been loaded the lease SLR by the leaseholder from any of the
intermediate station on the days(s) of leave his lease contract will be terminated and
registration will be cancelled by forfeiting Security Deposit and Registration fee.

1 2. Payment of Security Deposit/Performance Guarantee:-

The Successful Tenderer shall be required to submit a Bank Guarantee/FDR as
“Security/Performance Guarantee” equivalent to 10 (ten) days lump sum leased
freight(accepted rate) of the leased parcel space subject to minimum of Rs.1,00,000/- per 4
tonne Compartment of Brake van (SLR).

The Bank Guarantee/FDR shall be valid for the total period of contract plus three months. The
Bank Guarantee should be submitted before executing the Agreement.

13. Forfeiture of Security Deposit:-

The Railway administration reserves the right to forfeit Security Deposit/deduct the dues from
the Leaseholder, on the following grounds.
a). failure of the highest bidder/ allottee of the contract to start loading within a period.of 15
days.

b) If the leaseholder fails to take up or start the lease contract after awarding the work, he will
be debarred at least for two years from participating in the tender in that division/Zonal Railway.

c) If the lease holder after commencement of loading in leased Brake-van (SLR) fails to
operate the contract continuously for 10 days without giving any notice.

d) In case of three such failures in different leasing contracts on the same division within a
period of 5 years, the registration will be cancelled along with the penalties mentioned under
para 34.

e). failure of the leaseholder to continue the loading during the contractual period without
giving 60 days notice to Railway Administration. The lease holder shall not be allowed to
terminate the contract before one year is completed (10 months +2 months notice
period) in case of any contract, whether it is short term or long term. In case he does so, the
Security deposit will be forfeited and he shall be debarred from entering into any tender for next
two years. But he shall be allowed to operate existing tenders, if any.

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

Signature of the tenderer

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f). In all the cases where an existing contract is terminated by the Railway as a punitive
measure, the Security deposit/Performance guarantee will be forfeited.

14.“Security Deposit / Performance Guarantee” will be refunded by the Railway Administration in

following circumstances —
(i) after successful completion of contractual period; or
(ii) termination of contract by the leaseholder by giving 2 months advance notice ; or
(iii) termination of contract by the railway administration operational grounds.

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

clearance of all railway dues.
15. Deduction from Security Deposit/Performance Guarantee:
Wharfage /demurrage/overloading/punitive/re-weighment and other charges should be paid by
the lessee then and there at the stations. If any amount is due to Railways on account of the
following along with the above charges, the same will be deducted from the Security Deposit
and the security deposit will not be adjusted for any other new tender work.

a). any amount which railway becomes liable to the Government/third party on account of any
default of the Lessee or his servant/agent.

b).any payment/fine made under the order/judgement of any court/consumer forum/sales tax
tribunal/trade tax tribunal or any law enforcing agency or any person working on their behalf.
Leaseholder shall recoup the Security Deposit within 15 days, failing which it will be considered
and treated as breach of contract/agreement.

16. Leaseholder’s responsibilities & obligations:-

a). The Leaseholder shall not compete with the Railways for capturing additional traffic. The
Leaseholder shall not canvass for traffic inside Railway premises.

b). The Leaseholder shall be solely responsible for canvassing, acceptance, booking, handling
(loading/unloading), documentation and delivery of parcels/packages both at originating and
destination stations.

c). The Leaseholder shall book and load only such commodities, which are permissible to be
booked, as parcels under prescribed Railway Rules. Live stock will not be permitted to transport
in the leased SLR.

d). Commodities listed in Red tariff, offensive, contraband, dangerous, explosive and any other
commodities which are prohibited to be carried by the Railway or banned from time to time by
other department of Central/State Government shall in no case be allowed to be loaded in the
leased space in Brake van (SLR). In case of mis-declaration of commodity loaded in the leased
Brake Van(SLR), penalty shall be imposed as per extant rules.

e). Lease holder shall also be liable for any loss, injury or damage which may be caused by
reason of bringing such offensive goods on the train as per provisions of Act 1989.

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f). In case of false declaration of any commodity, the lease holder and owner of the goods shall
be punishable under Section 163 of Railway Act 1989.

g). If such articles are found to have been loaded in the leased Brake van (SLR)) space in
contravention of the above para, a fine of Rs.50,000/- shall be imposed on the lease holder. His
lease contract will be cancelled. He shall be debarred to participate in the future tenders for one
year. However he may continue the existing contracts of other trains if any In addition to this, he
shall be liable for legal action as per provisions of Railway’s Act. In addition to above, his
registration may also be cancelled depending upon the seriousness of the offence.

h). Loading/unloading of parcels at the originating/Intermediate/destination station shall be the

responsibility of the leaseholder.

i). Loading/unloading must be completed within the free time allowed as per rules applicable for
such rolling stock. In case a leased Brake van (SLR) is detained beyond free time for
loading/unloading, normal demurrage charges would be levied.

j). Cost of transshipment, arising on account of leaseholder’s lapse, if any, at enroute station
shall be borne by the leaseholder.

k). It is the sole responsibility of the leaseholder to ensure the packing condition, which should
withstand the normal transport hazards. Any damage/mutilation due to defective packing
conditions shall be the responsibility of the Lessee. No claim on this account will be entertained.

l). The Leaseholder will be liable to the Railway Administration for any loss or damage to the
Brake van (SLR) or to the platform or to the Railway property while handling parcels by the lease
holder or his agent and/or also for any claim under any Act in force, made by the employees of
the Railway Administration or any third party for death, disablement or injury to person or loss or
damage to the property etc. or due to any reasons whatsoever arising out of it in any way
connected with the present contract. Any sum paid by the Railway Administration by way of
compensation costs, charges or expenses in this connection shall be considered reasonable and
shall be reimbursed by the Leaseholder to the Railway Administration immediately on demand.
The assessment of damages made by the Railway will be final and binding.
m). Leaseholder shall be responsible for unloading his consignment from the leased Brake
van (SLR) space at the station where his lease terminates.

n). If the leaseholder fails to unload his consignment from the leased Brake van (SLR)
space at the intermediate station where his lease terminates, then the normal parcel
freight from the lease terminating station to the station of over carriage and back shall be
charged.

o). If the leaseholder takes delivery of this over-carried consignment at the destination
station, then normal parcel freight from the unloading station to the station of over
carriage shall be charged.
1 7. Pre-payment of lumpsum freight:-
a). Pre-payment of lump sum freight is compulsory at the time of booking irrespective of
partial/non-utilization of leased parcel space by the leaseholder. Payment of lump sum leased
freight should be done one day advance from the day of nominated day of loading. If he fails to
deposit the freight one day in advance from the nominated day of loading 5% surcharge on lump
sum freight will be levied.

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b). Lump sum leased freight charges will be calculated as per the lump sum rate fixed from lease
originating to lease terminating station for full parcel space leased out irrespective of its actual
utilization. The freight will be paid as per the permissible carrying capacity of Brake van (SLR)
supplied.

c). Leaseholder shall be liable to produce clear photo copies of the money receipt as
documentary proof in regard to payment of lump sum leased freight for leased Brake van (SLR)
space of a particular day at any time while transporting his consignment.

d). If leaseholder fails to load leased parcel space on any specific day without prior permission of
Railway Administration, the lump sum leased freight of that day shall be forfeited.

e). 2% development charges will be levied additionally on the quoted rate.

f) 4.35% service tax and cess will be levied additionally on the quoted rate

18 . Forfeiture of Lumpsum freight:-

a). If the lease holder fails to load leased Brake van (SLR) space on any day without any
genuine reason and without prior permission of the Railway administration, the lump sum freight
for that day shall be forfeited.

b). In case the leased Brake van (SLR) could not be attached to the nominated train due to
excess detention on account of the leaseholder, then the advance lump sum leased freight
deposited will be forfeited only for the outward journey. The leaseholder has to deposit fresh
freight amount for hauling the Brake van (SLR) on the next nominated day of service.

1 9. Leasing of Brake van (SLR) of Ordinary passenger train:

a)Theleaseholdershallbepermittedtoload/unloadtheparcels
from/to all intermediate stations coming in the way of the journey of that specific ordinary
passenger train irrespective of the stoppage time of train at that station(s)provided it is not
restricted for handling of leased parcel traffic.

b) Loading/unloading of parcels at all stations will be carried out by lease holder.

c)Apart from parcels, even bulk commodities of freight traffic may be permitted to be carried by
the leased brake vans (SLRs) of ordinary passenger trains. Commodities would comprise of
either bagged consignment (food grain, cement, fertilizer, etc.) or packaged consignment. Loose
consignments such as coal, sand etc. shall not be permitted.

d)Lease holder will be liable to ensure that quantum of traffic for any one road side stations is
such that loading/unloading can be completed within the scheduled stoppage of the train.

20.Adjustment of advance lump sum leased freight paid due to non-loading of Brake van
(SLR):
1. Railways shall ensure that the space leased out is made available without fail to the lease
holder(s).

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2. In following cases mentioned at paras 4 and 5 below, where non-loading of parcel space by
lease holder is not due to lease holder’s fault, lump sum leased freight charges of that day
deposited in advance shall be adjusted against the next payment due and one day’s/trip’s less
lump sum lease freight charges collected accordingly. In case the day happens to be in the last
period of the lease contract, then the advance lump sum leased freight paid shall be adjusted
against the advance lump sum leased freight payable by the lease holder for any other leasing
contract that he may be having at that station. In case the advance lump sum leased freight
cannot be adjusted in this manner, then the same will be refunded.

3. In such cases, reasons mentioned under paras 4 and 5 must be certified by the multi-
disciplinary team.

4. When the leased space is not made available by the Railways due to unavoidable
circumstances including one of the following:

(i) damage to inside walls of SLR due to theft during previous trip

(ii) breakage of floor

(iii) non-availability of front SLR

(iv) SLR sealed through to destination by railway staff at originating station.

(v) Carriage of dead body in SLR compartment.

(vi) Change of platform at the last moment

(vii) Restriction to bring parcels on platform due to security arrangement for VVIP movement,
important functions etc.

(viii) Agitation/strike by railway staff etc.

(ix) When train is running on diverted route and does not pass through the station(s) where
loading/unloading facility is provided

5. When the leaseholder is not able to load the parcel space due to unavoidable circumstances
including one of the following:
(i). Public agitation
(ii). Bandh etc.
(iii).Natural calamities like earthquake, floods, breach etc. or on the day of nation/state elections.

6. Normally dead body shall not be carried in the brake van (SLR) and as far as possible these
shall be loaded in the Asst. Guard cabin of a leased train and the lease holder granted lump sum
leased freight adjustment for one day’s non-loading.

7. In all other cases, if the leaseholder fails to load the Brake van (SLR), advance lump sum
leased freight collected, will be forfeited.

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8. If the lease holder has a genuine reason for not loading on that day he may prefer a claim
for refund which will be dealt with on merits.

9. In case trains run via diverted route or not terminating/originating at/from its original
terminating/originating station due to natural calamities like earthquake, floods, breach etc., lease
holder shall be exempted, if he desires so on making an application to Chief Commercial
Manager to pay lease freight on day(s) of such disruption provided Chief Commercial Manager
certifies the operations constraints in consultation with Chief Operations Manager.

21 . Identity Cards/Labour Platform Permits/Vehicle Pass etc.:

1. Railway administration will issue Laminated Photo Identity Cards to all registered
leaseholders for purpose of their identification in station premises which shall be valid for 1 year
only. On expiry the same will be reissued annually.

2. Laminated Photo Identity Cards will also be issued to 3 authorised representatives of all
registered lease holders duly signed by ACM, having validity of 1 year (calendar year). On expiry
the same will be reissued annually.

3. Lease holder in turn will issue laminated photo identity cards to each of his labour, (valid for
one year, renewed annually), duly signed by the lease holder himself. Labourer’s photo identity
card will contain the labourer’s full details including Name. Age, Gender, residential address.
Validity The validity of such laminated photo Identity cards will be per calendar year. New
laminated photo Identity cards will be issued by the leaseholder for one year (calendar year) and
will be renewed every year. Laminated photo identity cards issued by the lease holder in
favour of his labourers will be countersigned by Chief Parcel Supervisor on behalf of Station
Manager/ Station Superintendent/ Station Master).The labourers will be allowed to enter in the
platform/Railway premises to platform loading/unloading operation from/to leased parcel space
on the basis of Laminated Photo Identity Cards. No separate platform permits will be issued.

4. The details of leaseholders and their labourers will be maintained by Chief Parcel Supervisor
and these details will also be provided to SS/SM.

5. A maximum of 8 (eight) labourers shall be allowed to handle loading/unloading operation of

a 4 Tonnes compartment of leased SLR. In case of Asstt. Guard compartment, maximum of 2
(two) labourers shall be allowed.,

6. Each lease holder will be given entry pass for 2 vehicles for each 4Tonne of SLR Space.
These will be issued by Chief Parcel Supervisor (on behalf of Station Manager/ Station
Superintendent/ Station Master) and will be valid for 1 year(calendar year). On expiry the same
will be renewed annually.

22. Responsibility of Railways:

a). The Railway shall be responsible to carry the Brake Van (SLR) from originating station to
destination station with Railway seals intact and shall not be responsible for the contents.

b). The Railway Administration shall not be responsible for any loss, destruction, damage,
deterioration or non-delivery of goods arising from the following causes:

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i). Act of God.

ii). Act of War.
iii). Act of Public enemies.
iv). Restraint or seizure under legal process.
v). Orders or restrictions imposed by Central Government or State Government or by any Officer
or Authority subordinate to the Central Government or a State Government authorized in
this behalf.
vi). Fire, explosion or any unforeseen risk.
vii). Natural deterioration or wastage in bulk, or weight due to inherent defect, quality or vice of
the goods.
viii). Latent defect.

ix). Act or omission or negligence of the lease holder or consignor or consignee.

c). Railway will not be responsible for any damage, deterioration or loss to the overweight
consignment due to off loading short of destination.

d). In case of leased consignments, Railway Administration shall not be responsible for
claim/compensation due to any reasons.

e). A complaint register will be opened in the Commercial department where leaseholders can
record their grievances and complaints of harassment, if any.

f). Only members of the multi-disciplinary team will interact with leaseholders for solving all their
lease related problems and provide a single window clearance.

g). All checks and certifications regarding leased parcel space whether pertaining to over loading
or damage to walls of the brake van etc., will be undertaken only by members of the multi-
disciplinary team.
h).Names of team members will be prominently displayed on each platform

23. Extension/division of train/increase in frequency of train:

a ). In case a train in which parcel space has been leased out is extended beyond its initial
originating station or beyond its initial destination station, then the leaseholder will be permitted
to continue his lease between the pair of stations mentioned in his contract. It will be assumed
that the lease is being operated to/from an intermediate station as the case may be. This
arrangement will continue till the expiry of the contractual period in the normal course.

b).In case the leaseholder wants to extend his lease to cover the newly extended portion also
then the same may be extended and lump sum leased freight charged will be increased on pro-
rata basis as per his existing lease charges for the extra distance covered.

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c) However, in case the existing lease holder is not willing to extend his lease beyond the
starting and terminating stations for which the contract has been executed then fresh tenders will
be floated for the newly extended portion.

d) In case of increase in frequency of weekly/bi-weekly/tri-weekly trains the current lease will be

extended for the same leaseholder in case if he is willing for the same at the existing lumpsum
lease rate for the increased number of trips

e) However in case the existing leaseholder is not prepared to extend his lease beyond the
number of trips of the train then fresh tenders for the increased number of trips will be called for.

f). When the train is run on diverted route train re-scheduled, the contract would continue when
the party agreed to it. If not agreed to, the contract would be terminated.

g). Whenever there is change in originating or terminating station or short termination of service
of a train by Railway Administration and leaseholder of existing contract is not willing to continue
the contract, he may be allowed so do so. In such cases, Security Deposit of leaseholder will be
refunded even on less than 60 days notice provided, Chief Commercial Manager certifies that
Railway is not in a position to run the service after obtaining views of Chief Operations Manager.

24. Stacking/removal of consignments on/from platforms:-

a.)The Leaseholder will be permitted to bring the Parcels/packages to Railway premises 2 hours
before the scheduled departure of the train. Similarly, the Lessee shall remove the
Parcels/packages within 2 hours from the actual arrival of the train at destination station, failing
which they will have to pay the penal wharfage charges in accordance with the prevalent rates.
In case of early morning trains leaving before 6.00 hrs. stacking would be permitted after 22.00
hrs. and keep them overnight at the platform to the extant permissible only at the originating
station. Similarly for late night trains arriving after 22.00 hrs. stacking overnight at the platform
up to 6.00 hrs. will be permitted to the extant permissible only at the train terminating station.

b.) Parcels awaiting loading at originating station or awaiting removal at destination station
should be so arranged/ stacked so as not to cause any inconvenience to the free movement of
the traveling passengers.

c.) In case where clearance from Excise officials is required for removing the consignment from
the platform, extra stacking time will be permitted which shall be 1 hour after the opening done by
the Excise officials.

d.) At all intermediate stopping stations en-route where loading/unloading is to be carried out,
leaseholder can stack his consignments 1 hour before the scheduled departure of the train in
case of leased Brake Van spaces. No separate Permission would be required for this.

25. Detention of train on account of loading/unloading:-

a) The Leaseholder shall ensure that loading and unloading of Brake Van is completed, within the
available time at originating/destination stations after placement of rake at the

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originating station and before removal of rake at destination station and within the
scheduled stoppage time of the train at the intermediate stations.

b) Detention of train on account of loading/unloading of parcels in leased Brake

Van (SLR) space should, in no case be allowed.

c) Any detention caused to the train on account of the loading/unloading will render him liable for
payment of a fine of minimum of Rs.5000/- shall be imposed for each such occasion.
26. Procedure for preparation of manifest of the leaseholder:-
a) No Railway receipt will be issued by Railways for consignment being transported in leased
parcel space. Only Money Receipt will be issued for the amount of advance lump sum leased
freight deposited for entire capacity of leased parcel space. Leaseholders will have to prepare
detailed Manifesto as per format.

b) Details of collection of advance lump sum leased freight should be given in the Money
Receipt itself indicating the following:
(i) Date of collection of lumpsum lease freight
(ii) Name of the Lease Holder
(iii) Train No.
(iv) Type of lease(SLR ,AGC)
(v) Capacity of Parcel space leased out
(vi) Date of loading of leased parcel space
(viii) Amount of lumpsum leased freight

c) The Leaseholder shall be prima-facie responsible for correctness of entries made in

‘Manifest’ as well as actual number of consignments physically loaded/available in the leased
Brake Van (SLR).

d) The lease holder shall be required to prepare detailed “manifest” (in the prescribed format)
for consignments being transported by him. He shall be required to declare the content of each
package/consignment in the Manifest and put up the label (Paste – on – label or through ink)
describing the content in each package/consignment to be transported by him in the leased
SLRs. The lease holder must ensure that before loading the consignments description has been
mentioned on each packages/consignment.

However, in case of loading from an originating station to different destinations, only one
manifest is required to be submitted by the lease holder.

For Example
Originating Destination No of Description of Weight in Qtl
Station station consignments consignments
1 Delhi Aligarh 30 Electric goods 07.00
2 Delhi Kanpur 20 Hosiery 06.00
3 Delhi Allahabad 40 Machinery part 15.00
4 Delhi Gaya 10 PC Monitor 05.00

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Similarly, lease holder shall be required to submit single manifest for loading of parcel from an
intermediate station to various destinations,

For Example
Originating Destination No of Description of Weight in
station Station consignments consignments Qtl
1 Kanpur Allahabad 05 Machinery 02.00
party
2 Kanpur Gaya 10 PC Monitor 01.00
3 Kanpur Dhanbad 10 PC Monitor 01.00

e) Each ‘Manifest’ will be prepared in 4 copies to be used as follows:

1.) 1st copy to be retained by the Parcel Office of loading station as

‘record’
2.) 2nd copy to be retained by lease holder as his ‘record’

3.) 3rd copy will be kept in the leased parcel space near the door, preferably in a
transparent polythene folder/bag. This will be retained by Parcel office of unloading
station as ‘record’.

4.) 4th copy to be returned back to the lease holder signed and stamped by the parcel
staff of the unloading station. This will serve as on authority to remove consignments
at destination station.

f) All the copies of each ‘manifest’ will be signed by lease holder or his authorized
representative.

g) All the copies of ‘Manifest’ will be signed and stamped by the parcel staff of originating
station who will retain one copy as ‘record’ and return the other copies to the lease holder.

h) Copy of the manifest must be submitted at the parcel office by the lease holder or his
representative before starting loading in the leased compartment.

i) Representative of the leaseholder shall be authorised to takeover and remove consignments

from station premises on the basis of the 4th copy of ‘Manifest’ duly signed and stamped by the
parcel staff of unloading station. This will be treated as an authority to take delivery and remove
the consignments from railway station.

j) Loading/unloading will not be supervised by railway staff.

k) It will be the responsibility of the lease holder to ensure that the total weight of consignments
loaded in the parcel space is not beyond the permissible carrying capacity of space leased out
to him. In case the number packages found excess than the packages shown in the Manifest, a
penalty of Rs.5000/- per vehicle shall be recovered even when the weight of the parcels
loaded in the vehicle is within the permissible carrying capacity of that vehicle.

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l) In the loading manifest the leaseholder should give a certification to the effort that prohibited
commodities are not loaded in the leased space of Brake van (SLR).

27. Termination of contract:

a) Railways shall have right to terminate the contract for any reason whatsoever after serving
one-month’s notice to the leaseholder.

b) The leaseholder shall have the right to terminate the agreement for reasons whatsoever duly
serving 60 days notice to the Railway Administration. However, the leaseholder shall not be
allowed to terminate the contract before one year (10 months +2 months notice period)
whether it is short term or long term. In case he does so, his Security Deposit will be
forfeited and he shall be debarred from entering into any tender for next two years.

c) Railway reserves the right to terminate the contract/agreement without any notice or without
assigning any reason for the termination at any time in case of breach of agreement or serious
violation of any of the stipulation of policy/railway’s rules by the leaseholder or in case of
operational exigencies. Appeal against termination will lie to Chief Commercial
Manager, Southern Railway, Chennai-03 , who will decide the case at his own discretion on
merits of the case.
d) If the leaseholder fails to execute the contract or if he performs unsatisfactorily during the
contract period, the security deposit will be forfeited.

e) Railway shall have the right to suspend the leasing contract what so ever reason till the
inquiry of any discrepancy/or any legal action pertaining to lease is pending/require clearance
from concerned authorities.

28. Liability of the leaseholder towards payment of Sales tax/Trade tax/VAT and any
other taxes:-
a) Railway will not entertain any claim for damage/compensation or whatsoever caused due to
delay/non-arrival/non-availability of nominated train due to the reasons beyond the control of
the Railway Administration or due to the operational inconveniences. The contract will be
terminated in case of cancellation of the train by which the space in Brake van (SLR) is leased
out.

b) W hen any consignment on which Trade Tax/Sales Tax, etc., are to be paid but the same
are evaded by the party with a view to defraud the Central/State Government, Railway may
exercise its discretion for disposal of such consignment which are kept in the custody of
Railways due to seizure in consultation with the authorities of Trade Tax/Sales Tax, etc., on the
expiry of thirty days notice to the Leaseholder.

c) Lease holder shall be solely responsible to pay Sales tax/Trade tax/VAT/any other taxes
payable to the State Government or Central Government on the commodities/parcels
transported by the lease holder in leased Brake van (SLR)

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29. Liability of the leaseholder in case of any injury or loss or death due to
loading/unloading/stacking/removal of parcels:-
If the labourer or his representative or any other staff of lease holder meets with any injury or
loss or death due to any reason during the handling, loading, unloading process the railway will
not be liable for the same and the leaseholder will indemnify and keep indemnified the Railway
Administration for such acts of commission or omission.

30 Tampering of Railway seals/pad locks/Theft:-

a). Loading will not be supervised by Railway Staff at loading station. If both Railway’s seals
and padlocks are in intact condition, Railway shall not be responsible in any way unless there is
a specific sign of theft e.g. cutting of the side wall of the Brake van (SLR).

b). However, if Railway seals as well as padlock of any of the doors of the leased Brake van
(SLR) are found tampered with, or in case of damage to the inside walls of the parcel van
where it is apparent that theft has taken place First Information Report (FIR) will be lodged with
the Government Railway Police by the leaseholder and a copy of the same will be given to the
leaseholder.

c). This FIR can be lodged either at the destination or at any stopping station enroute where the
theft is detected.
d). In such cases, parcels from the leased Brake van (SLR)space will be unloaded in the
presence of Chief Parcel Supervisor, Railway Protection Force, and the leaseholder or his
representative. Packages will be compared with the ‘Manifest’ i.e. list of packages
accompanying the Brake van (SLR).

e). A certificate of discrepancies found will be prepared in triplicate and signed by Chief Parcel
Supervisor, Railway Protection Force personnel and the leaseholder/his representative. A copy
of the same would be handed over to the leaseholder or his representative.

f). Balance consignment available in the Brake van (SLR) space will not be deposited with the
Railway Protection Force (RPF) or Government Railway Police (GRP). Leaseholder should be
free to take delivery of the remaining portion of his consignment.

31. Opening/Checking of Brake Van(SLR)/Asst. Guard Cabin (AGC):-

a). The Railway shall reserve the right to open the padlock and seals to tranship the
parcels/packages of the leased Parcel Brake Van (SLR)/Asst. Guard Cabin (AGC) space in
unavoidable circumstances like accidents, strike hot axle etc and for security reasons.

b). The Railway and other concerned departments shall reserve the right to check the contents
of the packages at any time to ensure that no dangerous, explosive, offensive, contraband or
any other banned articles are loaded. If such articles are found to have been loaded in Leased
Brake van (SLR) space a fine of Rs.50,000/- shall be imposed on the lease holders. In addition
to above, his registration may also be cancelled depending on the seriousness of offence, and
the leaseholder is liable for prosecution as provided under Railways act 1989.

32 Overloading of Brake Van space & Penalty:

The leaseholder shall load the parcels in the brake van up to the permissible carrying capacity
of the vehicle as notified by the Railway Administration. It is a responsibility of the lease holder
to ensure that parcels are loaded up to the permissible carrying capacity,

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

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

In case of over loading the punitive charges shall be recovered from the
leaseholder as under:

a. Over loading in SLR:

Weight of each individual package is not required to be checked. Only the total weight of the
consignments should be checked. In case of SLR, weight of consignments should be checked
for each 4 Tonne compartment separately and it must be within the permissible limit for each
compartment. Under loading in one 4 Tonne compartment will not mean that the other 4T
compartment can be overloaded
If weight of parcels exceeds the permissible carrying capacity brake van then,
charges/punitive charges shall be recovered from the consignor/lease holder as follows:

(i) Normal lump sum leased freight for weight in excess of permissible carrying capacity of
the vehicle + (ii) Punitive charges equivalent to 6 times the freight at scale ‘R’ for entire excess
weight from origin to destination irrespective of point where such, overloading was detected +
(iii) penalty of Rs.10,000/- per vehicle will be collected. In addition to the above penalty,
Railway may terminate the contract and cancel the registration of the lease holder in case of
4th default.by forfeiting Security/Performance deposit.

(ii) In case of weight of parcels is found to be over loaded by more than 5% of the leased
capacity or 1 tonne whichever is less, then the excess weight would be off loaded at the point
of detection and lease holder will have to take delivery of this part consignment on “as is
where is basis”. Railway will not be held responsible for any damage deterioration or loss to
the excess consignment due to off loading parcels. In case leased consignments are detained
by Railway Administration for weighment purpose, no wharfage charges would be charged.

33. Cancellation of registration:

. If the registration of a lease holder is cancelled as a punitive measure, either for reasons
of repeated overloading or for repeated failure to start loading after award of contract, or for
attempt to deliberately defraud railways or for repeated violation of any of the existing
stipulations where cancellation of registration has been contemplated as the penalty, then
the entire registration fee would be forfeited.

In case of cancellation of registration and thereby forfeiture of registration fees all his
existing leasing contracts being operated from that Division would also be cancelled by
forfeiting the Security deposit/performance guarantee.

In addition to cancellation, such a lease holder would be debarred from fresh

registration for a period of 5 years and fresh registration will not be done by any of the

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Zonal Railways/ divisions by the name of such firm/or leaseholder for a period of five years.`
Appeal against cancellation of registration, which will be filed by the lease holder within
30days from the date of termination of the lease contract or cancellation of registration of the
lease failing which fresh tenders will be called for. Appeal against cancellation of registration
will lie to Chief Commercial Manager, Southern Railway, Chennai-03, who will decide the
case at his own discretion on merits of the case.

34. Extension of lease:

a) No extension will be permitted. However In case of expiry of contract period and non-
finalisation of new contract due to administrative delays, temporary extension shall be
permitted by the Chief Commercial Manager, Southern Railway, Chennai- 3, for long term
and short term contracts till finalization of contract or for a period of 3 months, whichever is
earlier.

35. Placement/withdrawal of Rakes on/from platforms:

1. At all train originating stations, empty coaching rakes shall be placed at lease 1/2 hour
before the scheduled departure of the train. However in any case (late placement of rake)the
leaseholder shall be required to complete the loading operation within the available time and
by giving sufficient time to the railway staff for sealing of SLR.

2. At the terminating station the leaseholder shall be required to unload all the parcels
expeditiously on arrival of the train at destination station.

3. Normally the nominated platform for an originating train shall not be changed at short
notice except in an emergency resulting in non-utilization of parcel space by the leaseholder.

4. Similarly at intermediate stations, where loading/unloading is to be carried out by the

leaseholder, the platform nomination shall not normally be changed except in an emergency.

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

36 . Claims:

a). “Percentage charges” shall not be realized from the Leaseholder. Leasing will be done at
owner’s risk. Hence, the claims will be settled on merits of the case under Railway Rules
applicable to consignments booked at owner risk after verification of records but in no case it
shall exceed Rs.50/- per kg., of the weight of such goods. The Railway may call upon the
Lessee to prove the deficiencies by documentary evidence and such other documents as
may be deemed necessary before admitting any claim.

b). Any dispute of claims arising between the Lease holder and the Cargo-owner shall be
settled by the Lessee as a principal vis-à-vis the cargo-owner. The Railway Administration
does not have contractual or other obligation towards cargo owner.

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37. Arbitration Clause:

Any dispute, difference arising or claim arising out of this agreement shall be referred to a
sole arbitrator who shall be a Gazetted Officer nominated by the General Manager,
Southern Railway who had not had the opportunity to deal with the matter at any point of
time and whose decision shall be final, conclusive and binding on both the parties. The
provisions of the Arbitration and Conciliation Act, 1996 (with amendments) will govern the
arbitration proceedings.

38 Jurisdiction Clause:

The Court in Chennai alone shall have the jurisdiction.

39. Budgetary Increase

Budgetary or any other increase in the tariff rates shall be made applicable in
case of leased traffic during the currency of contractual period. The lump sum leased
freight shall be increased accordingly on prorate basis.

*****

Signature of the tenderer