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CENTRAL RAILWAY

TENDER BOOKLET

MEDICAL DEPARTMENT MUMBAI DIVISION

SCOPE AND SPECIAL TERMS AND CONDITIONS FOR PROVIDING

EMERGENCY MEDICAL SERVICES IN THE EMERGENCY MEDICAL

ROOMS AT THE RAILWAY STATIONS.

Tender No. DRH KYN / PIL / EMR / 23/2018

Name of

Work Contract for Operation of Emergency Medical Room (EMR)

Stations

(1) Lokmanya Tilak Terminus (2) Kasara, (3) Diva, (4) Vadala Road, (5) Vashi, (6) Govandi, (7) Mulund, (8) Ghatkopar, (9) Kurla, (10) Kalyan, (11) Dombivali, (12) Mumbra, (13) Byculla, (14) Dadar, (15) Karjat, (16) Panvel, (17) Sion, (18) Vikhroli, (19) Kalva, (20) Ambernath, (21) Bhandup, (22) Ulhasnagar and (23) Chembur

Period of Contract Five (05) years

Tender

Book Cost Rs. 2,000/-

E.M.D. Rs. 25,000/- per EMR Rs. Twenty Five Thousands Only per EMR

Date & Time of Opening

06/08/2018 at 15.30 Hrs.

Chief Medical SuperintendentDivision Railway Hospital,

Kalyan

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NOTIFICATION Tender Notice No. DRH KYN / PIL / EMR / 23 / 2018 Date :17/07/2018

Chief Medical Superintendent, Divisional Railway Hospital Kalyan for and on

behalf of President of India, invites Open Tender from Public and Private Hospital

/ Nursing Home / Polyclinic / clinics / Private Practitioners / Companies / Firms /

Institutions / NGO's involved in healthcare for providing round the clock

Emergency Medical services in Emergency Medical Room (EMR) at Lokmanya

Tilak Terminus (LTT), Kasara, Diva, Vadala Road, Vashi, Govandi, Mulund,

Ghatkopar, Kurla, Kalyan, Dombivali, Mumbra, Byculla, Dadar, Karjat, Panvel,

Sion, Vokhroli, Kalva, Ambernath, Bhandup, Ulhasnagar and Chembur Railway

Stations Free of Cost to the bonafide injured Railway passengers with permission

to set up a Retail Medical Store, Private Medical consultancy on payment basis to

bonafide Railway commuters (when not attending to bonafide injured Railway

passengers) for a period of FIVE (05) years on payment of License Fee to

Railways.

Interested Bidders may submit their Bid along with requisite Earnest Money

Deposit of Rs.25,000/- (Rupees Twenty Five Thousand Only), drawn in the form

of DD /Pay Order / Banker's Cheque in f/o Sr. DFM, C. Rly., Mumbai CST, in a

sealed cover addressed to the Office of the Chief Medical Superintendent,

Divisional Railway Hospital, Kalyan DD should be of the Nationalised OR

Scheduled banks or receipt from Chief Cashier, Central Railway. EMD in any

other mode is not acceptable.

Earnest Money Deposit: Rs.25,000/- (Rupees Twenty Five Thousand Only)

For further details please log on to / visit the CENTRAL RAILWAY website

www.cr.indianrailways.gov.in

The tenderer can download the tender document through internet, in such case

in addition to Demand Draft towards Earnest Money Deposit, a separate Demand

Draft drawn in favor of Chief Cashier, Central Railway, Mumbai Chhatrapati

Shivaji Maharaj Terminus should be submitted towards the cost of tender form.

For any clarification, interested parties may contact CMS/DRH Kalyan.

Date and Time of Issue of Revised Tender Document till 12hrs of 06/08/2018.

Last Date and Time for submission of Tender: 06/08/2018 at 15.00 hrs.

Date and Time of Opening of offers : Date: 06/08/2018, Time: 15:30 hrs

Validity of offer: Offer should be kept valid for 90 days from the date of

opening.

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Chief Medical Superintendent Division Railway Hospital,

Kalyan

LIST OF STATIONS AND LOCATIONS OF EMERGENCY MEDICAL ROOMS

Sr No.

Station Location Access from Non

Ticketing Area

Area of Medical Store

(In Sq. ft.)

1 LTT At old station building Yes As mentioned in Sketch. However, the actual location and area may be physically seen by

the interested bidders before

submitting their Bids.

It will be deemed that the Bidders have physically

verified the location and area before

submission of Bids. Any

complaint/grievance in this regard will

not be entertained.

2 Kasara Concourse area Yes 3 Diva On East side near

upcoming New FOB Yes

4 Wadala Road PF No. 1 towards CSMT end

No

5 Vashi On West side concourse Panvel end

Yes

6 Govandi On East side concourse main entrance

Yes

7 Mulund Near Pay & Park on West side concourse

middle entrance

Yes

8 Ghatkopar On East Side near RPF Office

Yes

9 Kurla On circulating area on East Side towards

Thane end

Yes

10 Kalyan East side near GRP Police Station towards

Karjat end

Yes

11 Dombivli Middle of PF No. 5 No 12 Mumbra On East side concourse Yes 13 Byculla On West side

concourse, CSMT end Yes

14 Dadar Middle of PF No. 6 No 15 Karjat Concourse on West

Near Lonavala side entrance to Station

Yes

16 Panvel On East side near Booking Office & Pay

an Park

Yes

17 Sion On West Side open area Thane end

Yes

18 Vikhroli On West side concourse middle of PF

Yes

19 Kalva On the way out from PF No. 1 towards

Thane end

Yes

20 Ambernath On East side concourse Yes 21 Bhandup At the concourse

entrance of PF No. 1 Yes

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22 Ulhasnagar On East side concourse Yes 23 Chembur On East side concourse

main entrance Yes

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TENDER FORM

To The President of India Through Chief Medical Superintendant, Divisional Railway Hospital, Kalyan Sub: - Operation of Emergency Medical Room at ……………. Station

******* I/We_________________________________________________________

___ have read all the Terms and conditions to tender document & Draft

agreement annexed to the tender document, and understood the same, and

I/We hereby agree to abide by the conditions/stipulations mentioned therein.

I/We also gone through and hereby agree to abide by the General conditions

of contract for Services issued by Ministry of Railways, Railway Board.

I / We also agree to keep this tender open for acceptance for a period of 90

days from the date of opening of the tender and for a further extension

period mutually agreed upon. If required, and if default thereof, I/We will be

liable for forfeiture of my/our earnest money deposit.

The requisite earnest money as specified in the tender notice is herewith

forwarded as Earnest Money Deposit. The full value of the earnest money

shall stand forfeited without prejudice to any other right or remedies in case

my/our tender is accepted and if I/We do not make the License fee payment

and submit requisite security deposit within the prescribed time limit,

resulting in withdrawal of the offer.

I/We agree that until a format agreement is prepared and executed,

acceptance of this tender & terms and conditions stipulated in the Letter of

Acceptance of my / our offer for this work shall constitute a binding contract.

I/We agree that payment of stamp duty if any, for the agreement to be

executed in pursuance of this tender including all other costs will be borne

and paid by us, being the successful Licensee undertaking the work.

The tender document containing the terms and conditions are returned

herewith duly signed on each page in token of my/our acceptance. I/We

submit the tender with the following details and offer:

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1. Full Name of the Bidder (In Block Letters)

2.

Legal status of the Bidder (I.e. Whether the Bidder is Public and Private Hospital / Nursing Home / Clinic, Poly Clinic / Private Practitioner, Proprietary/Partnership Firm, Company Pvt. Ltd. Or Public Ltd.), NGO etc. If applicants are firms (proprietary or partnership), Company (NGO. full details along with supporting documents should be submitted).

3. Whether involved in Health Care (Supporting documents should be submitted)

4.

Full Office addresses with Pin Code and phone No. / Fax no. Email

6. Pan No. TIN No./ GST Registration No. (Documentary proof)

……………………………………………… ……………………………………………… ………………………………………………

7. EMD Details : Amount in Rs.25,000/-

DD / FDR No. Dated Issuing Office / Bank………………….……………………………………………………

8. Whether debarred / Blacklisted by any Railway Administration, Government of India or State Government or any other local body. (Affidavit on Stampp Paper valued Rs.100/- duly notarized is mandatory)

YES / NO.

9 Bid for annual License fee Rs. ……………………. (in figures) Rs…………………………………………… ……………………………..( in words)

List of Enclosures:

1) ……………………………………………………………. 2) ……………………………………………………………... 3) ………………………………………………………………….. 4) ……………………………………………………………………. 5) ……………………………………………………………………. 6) ……………………………………………………………………..

SIGNATURE OF THE TENDERER(S): NAME of Tenderer ADDRESS: DATE : Phone No. :

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CHAPTER-I

INSTRUCTIONS TO TENDERERS

1. ELIGIBILITY & SCOPE OF WORK:

Chief Medical Superintendent, Divisional Railway Hospital Kalyan for and

on behalf of President of India, invites Open Tender from Public and

Private Hospital / Nursing Home / Polyclinic / clinics / Private Practitioners

/ Companies / Firms / Institutions / NGO's involved in healthcare for

providing round the clock Emergency Medical services in

Emergency Medical Rooms (EMR) at Lokmanya Tilak Terminus

(LTT), Kasara, Diva, Vadala Road, Vashi, Govandi, Mulund,

Ghatkopar, Kurla, Kalyan, Dombivali, Mumbra, Byculla, Dadar,

Karjat, Panvel, Sion, Vokhroli, Kalva, Ambernath, Bhandup,

Ulhasnagar and Chembur Railway Stations Free of Cost to the

bonafide injured Railway passengers; shifting the bonafide injured

Railway passengers after First Aid to the nearest Govt./Pvt. Hospitals for

further treatment; using the Emergency Medical Room for setting up a

small Retail Medical Store as well as for Private Medical consultancy on

payment basis to bonafide Railway commuters ( when not attending to

bonafide injured Railway passengers) for a period of FIVE (05) years

on payment of License Fee to Railways.

2. If the bidder is willing to submit offer for EMR at more than one station,

separate Tender shall be submitted for each EMR. All documents and EMD

shall be separately submitted for each EMR.

3. All offers and entries shall be typed or hand written neatly in English.

4. Tenderer shall submit all documents/certificates as asked for along with

their Tender as per the eligibility criteria & Terms and Conditions of the

tender, failing which their tender shall be rejected. Photocopies of all the

documents etc. submitted by tenderer should be self attested. Railway

Administration reserves the right to verify the contents of documents,

affidavit from the department concerned, either before award of, or during

the currency of the contract. Furnishing of false document, affidavit would

automatically lead to termination / cancellation of the tender / contract

including forfeiture of security deposit and initiation of legal proceedings

against the Tenderer / contractor.

5. Each and every page of entire tender form is to be signed by the

authorized signatory of the Hospital/Clinic/Poly Clinic/Nursing

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Home/Private Practioner/firm/company/agency. The tender forms without

signatures are liable to be rejected. Letter of such Authorisation by the

Tenderer shall also be submitted.

6. The tender must be submitted in sealed cover and should be

superscripted: "Tender for Operation of EMR at ………….. Station” &

“Name & Address of the Tenderer”. The same must be dropped in

tender box kept for this purpose in the office of Chief Medical

Superintendant, Kalyan Railway Hospital, Ground Floor Kalyan not later

than 15.00 hrs. on 06.08.2018 The box will be sealed at 15.00 hrs on

06.08.2018 and will be opened at 15:30 hrs on 06.08.2018 in the

presence of Tenderer or their authorized representatives duly holding

authority letter.

7. If the tender is unable to be opened on the date mentioned due to the

date of opening is declared as Holiday or for any other reason which is not

under control of Railway Administration, the tender will be opened on next

working day at the same time and place.

8. The tender containing any correction must be attested by the Tenderer

failing which tender submitted is liable to be rejected. However, no

alteration, modification, erasure on the typed script of tender form issued

by Railway Administration will be allowed.

9. Railway Administration reserves the right not to consider conditional

tender and to reject the conditional tenders without assigning any

reasons.

10. The Tenderer(s) shall not take any advantage of any misinterpretation of

the conditions due to typing or any other error and if in doubt shall bring it

to the notice of the administration, without delay. No claim for the

misinterpretation shall be entertained. All tenders shall be submitted in

the prescribed forms in accordance failing which they are liable to be

rejected. Tenderer shall quote his/their offer / rate in the Tender Form

(enclosed).

11. The Earnest Money Deposit (EMD):

a. Earnest Money Deposit of Rs.25,000/- (Rupees Twenty Five

Thousand Only), drawn in the form of DD /Pay Order / Banker's

Cheque in f/o Sr. DFM, C.Rly., Mumbai CST shall be submitted along

with Tender.

b. Separate EMD shall be submitted for each EMR.

c. The EMD should be furnished in any of the following forms:

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i. Fixed Deposit Receipt drawn in favour of Chief Cashier, C. Rly

Mumbai CSMT on account of the tenderer issued by any of the

nationalized bank / scheduled bank approved by Reserve Bank

of India.

ii. Pay Order and Demand Draft should be drawn in favour of Chief

Cashier, Central Railway, Mumbai CSMT. And endorsed as

“Account Payee”

d. Tenderer should note that EMD in the form of cash or bank guarantee

will not be accepted.

e. Government Securities, stock certification cash bonds, promissory

notes, and cash certificates, etc. will not be accepted.

f. No reference to the previous deposit of earnest money and security

deposit for adjustment against the present tender will be accepted and

any request for recovery from any security deposit against present

tender will be entertained.

g. The EMD of the successful tenderer will be adjusted against the

Security Deposit.

h. If the successful tenderer fails to honor the contract and to deposit the

license fee within 30 days from the date of acceptance, of the offer

then the EMD shall be liable to be forfeited by the railways.

i. The railways will return the EMD of all unsuccessful tenderer within

reasonable time after the finalization of the tender.

12. The Tenderer shall have to furnish an affidavit on Non-Judicial

stamp paper of Rs.100/- duly notarised indicating that He / She /

They have not been debarred / blacklisted by any Railway

Administration, Government of India or State Government or any

Civic body,.

13. Only those tenders shall be evaluated / considered whose EMD is found

valid. Thereafter, tender shall be evaluated /considered in respect of

eligibility criteria and financial Bid.

14. Experienced and qualified firms having proven credentials and

unblemished performance in reputed / major establishments for similar

works should only apply along with supporting documents.

15. Any ambiguous offers shall be rejected without assigning any reason.

16. Tenderer shall quote his/their bid for annual license fees in the

column/form provided for the same.

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17. If a Tenderer expires after the submission of the tender or after the

acceptance, of his tender, the Railway Administration may deem such

tender or contract as cancelled. If a partner of a firm expires after

submission of his/their tender or after acceptance of his/their tenders, the

Railway Administration may deem such tender or contract as cancelled

unless the firm retains its original character.

18. Method of tendering:

The tender will be in Single packet open tender system. The tender will be

opened on the date and place indicated in the Notice of Invitation to

Tenderer/s. Offers of Eligible Bidders will be evaluated on the basis of

Financial Bids. If more than one highest bidder are having same offer the

successful bidder will be decided through Lottery System to be drawn in

presence of such all bidders.

19. Validity of offer: The Tenderer shall keep the offer open for a minimum

period of 90 days from the date of opening of tender. Within that period,

the Tenderer cannot withdraw his offer. This is subject to the period being

extended further if required by mutual agreement from time to time. Any

contravention of the above condition will make the Tenderer liable for

forfeiture of his Earnest Money Deposit.

20. Wrong information by Tenderer: If the Tenderer/s deliberately give/s

wrong information in his/their tender, create/s circumstances for the

acceptance of his/their tender, the Railway reserves the right to reject

such tender/contract at any stage.

21. Compliance to tender conditions & Specifications:

The intending Tenderer is advised to physically check the locations / sites

and condition of the EMR & Medical Store area. The intending Tenderer

can approach the Chief Medical Superintendant Kalyan for any other

information and clarifications. Any submission of tender quotation by the

Tenderer shall be deemed to have done after a careful checking and

understanding of locations and latest position of EMR & Medical Store area

to avoid difficulties or problems later on.

22. Authority for acceptance:

The authority for the acceptance of the tender will rest with the Railway

Authority, for and on behalf of President of India, who shall not be bound

to accept the highest or any tender or to assign any reason for non-

acceptance or rejection of a tender. The Railway Authority reserves the

right to accept any tender in respect of the whole or any portion of the

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work specified in the tender paper or to sub-divide the work among

different Tenderer or to reduce the work or to accept any tender for less

than the tendered quantities without assigning any reason whatsoever.

23. Agreement:

i. The successful Tenderer/s shall be required to execute an agreement

with the President of India acting through the Chief Medical

Superintendent, Kalyan within 30 days from the Letter of Acceptance.

ii. The Contract shall be governed by the Terms and Conditions as

mentioned in the Agreement given in Chapter-II to this Tender

Document.

24. Any conditional offer will be summarily rejected.

*****

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CHAPTER-II

TERMS AND CONDITIONS GOVERNING CONTRACT

AGREEMENT

THIS AGREEMENT made this ____ day of _____________,2018.

between the President of India. Represented by the Chief Medical

Superintendent, Central Railway having Office at Divisional Railway

Hospital, Kalyan, herein afterwards called the "Railway Administration"

(which term shall unless excluded by or is repugnant to the context, be

deemed to include its heirs, representative, successors and assigns) of the

one part, and _____________________________ having registered office

at ____________________________________________ of the other

part , hereinafter called the “LICENSEE" (which term shall unless

excluded by or is repugnant to the context, be deemed to include its heirs,

representative, successors and assigns of the Licensee).

WHEREAS the Railway Administration is entitled in "Law" to grant License

at its _____________ Railway Station for the purpose of Operation of

Emergency Medical Room so as to provide amenities and facilities to the

passengers and visitors at stations and is in possession of space, more

fully described in the Schedule hereunder and in the plan annexed to the

Letter of Acceptance, hereinafter referred to as the Premises.

WHEREAS the Emergency Medical Service Provider i.e.

______________________________________ is desirous to render

the services to the Railway Administration on the terms and conditions

mentioned hereunder :

1. The period of contract shall be 5 (Five) years only from ……………… to

………………

2. Security Deposit (SD): Licensee shall deposit Security Deposit of Rs.

50,000/- or 25% of the quoted amount/annual license fees, whichever is

higher. No interest whatsoever will be payable upon the Earnest Money and

Security Deposit. Whenever the contract is rescinded, the Security Deposit

shall be forfeited. The Licensee has accordingly deposited Rs. ………./- (Rs.

………………………………………. Only ) towards Security Deposit through DD No.

………………………. Dated ……………………..

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3. The Licensee shall pay License fees of Rs.……………../-

(Rs.…………………………..only) in advance on quarterly basis before

commencement of due period of quarter. In the event of failure to pay the

license fee and other charges by due dates, simple interest @12% P.A be

payable on all delayed payments without prejudice to the Railway

Administration's other rights and remedies.

4. The primary aim of Emergency Medical Room at the Railway station is to

provide First Aid Medical Assistance Free of Cost to the bonafide railway

passengers who have been injured due to falling from train/run over

cases/etc. during the course of their train journey.

5. Central Railway shall provide the space for Emergency Medical Room &

Space for Medical store.

6. Being a self-sustainable model, the Licensee is permitted to set up a small

Retail Medical Store in the space earmarked in the Emergency Medical Room

(EMR) for sale of medicines at the prescribed rates to the person other than

the bonafide railway injured passengers / commuters. The Licensee shall not

be permitted to sale any item/article other than medicines. The medicines /

injections etc. required for the treatment of the bonafide injured railway

passengers shall be provided Free of Cost only.

7. The area available for EMR is …………….Sq ft. & Medical Store is ……………. Sq.

ft. Sketch Attached as Annexure-A.

8. The Licensee can set up a small Laboratory/Sample Collection in the EMR

and also have enrolment for health check up.

9. The Licensee shall not have any claim on the Railway Property / Premises

whatsoever.

10.The Licensee shall provide Emergency Medical Services round the clock in the

Emergency Medical Room at the Railway station.

11.For medical services in EMR one Medical Officer with minimum qualification

of MBBS/BAMS/BUMS/BHMS who may have undergone BLS/ALS course of

State Government and two trained Paramedical staff/dresser shall be made

available by the Licensee.

12.The Licensee shall arrange to assist the station authorities in bringing the

victim from site to EMR, as per requirement.

13.Electricity and water shall be provided by the Central Railway free of cost.

14.All medical equipments and medicines as listed in Annexure-I to this

Agreement shall be made available in the EMR by the licensee. The Chief

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Medical Superintendent, Kalyan may extend or modify the same as per

requirement.

15.The bonafide injured railway passenger shall be attended on top priority by

the Medical Officer on duty, who shall render the requisite medical

emergency treatment in a professional manner and arrange to shift the

bonafide injured railway passenger to the nearest Govt./Civil or Pvt. Hospital

/ Trauma centre having the requisite facilities for further treatment. The

patient can be shifted to private hospital on his willingness and only upon

written consent to that effect by the injured or his relative in presence of (RP

authority.

16.The Licensee is responsible for the safe keep/preservation of the severed

limb, etc, if any, and shall arrange to send it along with the injured to the

Govt,/Civil Hospital, duly preserved and packed as required for further

medical treatment.

17.The Licensee, when not attending to the bonafide injured railway passenger,

may extend private consultancy to the other bonafide railway passengers/

commuters, who may like to avail the facility, on payment of the consultation

fees not more than the Central Government Health Service (CGHS) rates.

18.The licensee shall be allowed to advertise the services rendered at the EMR

only at the interior/exterior wall of the EMR.

19.The qualification of Medical Officer deployed shall be displayed along with his

name to the public availing consultancy.

20.The licensee can deploy the Doctors who are empanelled with

ESIC/CGHS/ECHS etc. Licensee can be permitted to display Name board of

such empanelled Doctor

21.The Licensee shall have no claim /right to the railway property. He/she shall

not utilise the space for any other purpose or for carrying out any other

activity other than what has been agreed to as per the Contract and License

Agreement.

22.The Licensee should ensure that the disposal of Bio-Medical wastes is done in

proper manner or through nearest Health Unit.

23.The onus of mis-management or any medical negligence aspect shall lie with

the Licensee.

24.Indemnity:

i. Railway Administration shall have no financial or legal any other

liability for issues/ claims raised by any third party regarding the

service rendered by Licensee.

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ii. Licensee shall also keep Central Railway harmless and indemnified at

all times against all claim demands, suits, losses, damages, costs,

charges and from all expenses whatsoever which railway

administration may sustain or incur by reasons or in consequence of

any injury, loss to any person or to any property resulting directly or

indirectly for any reason whatsoever or in consequence of the exercise

by Licensee or its servants of any of the liberties and licenses hereby

granted or the non-observance or non-compliance by Licensee or its

servant of any clauses referred to herein.

iii. Licensee shall also indemnify railway administration at all times

against all claims which may be made under the Workmen's

Compensation Act, 1923 or any statutory modifications thereof, or

otherwise for or in respect of any damages or compensation payable

in consequence of any accident or injury sustained by it or its

workmen and employees.

iv. Licensee shall also indemnify railway administration against all claim

made by any third party against it arising from violation of any other

laws of the land for the time being in force.

25. The Licensee shall maintain such regular and proper account books along

with other supporting documents regarding

i. The details of Injured railway passengers dealt

ii. Details of consultancy rendered

iii. Details of sales effected by the licensee in the said premise through

consultancy, medical store, pathology, etc.

26.The Licensee shall maintain the register for shift wise details of all staff

deployed.

27.Railway Administration shall not be responsible for any loss or damage

caused to the property of the Licensee on any account whatsoever.

28. The Licensee provider shall equip himself with all necessary permits,

licenses and such other permissions as may be required under the law in

force at any time with regard to the operation of the subject license.

29.Railway Administration reserves the right to change the location of the

premises at any time and may at its discretion to call upon the licensee to

vacate the site and may give him an alternative premise for the purpose of

this license. In such a case, the licensee shall be bound to vacate the

premises immediately and accept the said alternate premises.

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30.The Licensee provider shall not terminate the license before the expiry of the

period of the license except by giving 60 clays notice in writing, failure of

which Security Deposit shall be forfeited. The license can be terminated by

the Authority by giving 30 days notice in writing without assigning any

reason thereto.

31. In the event of any default, failure, negligence or breach, in the opinion of

the Railway Authority on the part of the Licensee in complying with all or any

of the conditions of the license agreement, the Authority will be entitled to

levy suitable penalty as under:

First Default : Fine of Rs. 5,000/-

Second Default : Fine of Rs. 10,000/-

Third Default : Fine of Rs. 25,000/-

Fourth Default : Termination of Contract

32.In the event of continuous default as mentioned in clause (30) above, the

Railway Authority will be at liberty to determine the license forthwith and

resume possession of the premises without payment of any compensation or

damages and also forfeit the Security Deposit for due performance of

Agreement.

33. Any licensee who surrenders the contract midway without giving due notice

or whose contract is terminated for breach of conditions shall be debarred

from participating in fresh tenders for a period of one year. However, the

other ongoing contracts can be allowed to continue.

34. The Licensee, his servants and agents shall be entitled to use all ways,

paths and passages as may from time to time be maintained on the said

station subject to such rules and regulations as may be imposed by the

lawful authorities.

35.The Licensee shall not sublet the license in any manner.

36.The Licensee, his agents and servants shall observe, perform and comply

with all rules and regulations of the shop and Establishment Act, Factories

Act, Industrial Disputes Act, Minimum Wages Act and the provisions of any

statutory Law applicable to the Licensee in force from time to time and to the

business which the Licensee is allowed to carryon under this Agreement and

to the Area in which the said premises are located.

37.The Licensee shall indemnify the Authority from/ against any claims made or

damages suffered by the authority by reason of and default on the part of

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the licensee in the due observance and performance of the provisions of any

law which may be related to the purpose of this agreement and to the area

on which the premises are located.

38. The licensee shall employ only such servants as shall have good character

and as well behaved and skilful in their business.

39.Contract shall also be governed by "General Condition of Contract for

services" issued by Ministry of Railways in January, 2018 with amendments

thereof, wherever applicable for Central Railway. The same shall be treated

as part of this Agreement. The same are available on official website of

Indian Railways.

40.ARBITRATION:

(1) (i) :In the event of any dispute or difference between the parties hereto

as to the respective rights and liabilities of the parties on any matter in

question shall demand in writing that the dispute or difference be referred to

Arbitration.

(1) (ii) (a) : The demand by either party 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 respect of

which the demand has been made, together with counter claims or set off,

given by the other Party, shall be referred to arbitration and other matters

shall not be included in the reference.

(ii) (b) : The parties may waive off the applicability of sub-section 12(5) of

Arbitration and Conciliation (Amendment) Act 2015, if they agree for such

waiver, in writing, after dispute having arisen between them, in the format

given below of these conditions.

(1) (iii) (a) :The Arbitration proceedings shall be assumed tohave

commenced from the day, a written and valid demand for arbitration is

received by the Railway.

(1) (iii) (b) :The claimant shall submit his claim stating the facts supporting

the claims alongwith 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.

(1) (iii)(c) : The Respondent shall submit its defense statement and

counter claim (s), if any, within a period of 60 days of receipt of copy of

claims from Sole Arbitrator/Tribunal thereafter, unless otherwise extension

has been granted by Sole Arbitrator/Tribunal.

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(1) (iii) (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 or any other place with the written consent of both the

parties.

(1) (iv) :No new claim shall be added during proceedings by either party.

However, a party may amend or supplement the original claim or defense

thereof during the course of arbitration proceedings subject to acceptance by

Tribunal having due regard to the delay in making it.

(2) : Obligation During Pendency of Arbitration: Work under the

contract shall, unless otherwise directed by the Railway Administration,

continue during the arbitration proceedings, and no payment due or payable

bythe either parties shall be withheld on account of such proceedings,

provided, however, it shall be open for Arbitral Tribunal to consider and

decided whether or not such work should continue during arbitration

proceedings.

(3) : Appointment of Arbitrator:

(3) (a) :Appointment of Arbitrator where applicability ofsection 12 (5) of

Arbitration and Conciliation Act has been waived off:

(3) (a) (i) :In cases where the total value of all claims inquestion added

together does not exceed Rs.1,00,00,000/- (Rs. One Crore only), the Arbitral

Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of

Railway not below JA Grade, nominated by the General Manager. The sole

arbitrator shall be appointed within 60 days from the day when a written and

valid demand for arbitration is received by the General Manager.

(3) (a) (ii) : In cases not covered by the Clause 1 (3) (a) (i),the Arbitral

Tribunal shall consist of a panel of three Gazetted Railway Officers not below

JA Grade or 2 Railway Gazetted Officers not below JA Grade and a retired

Railway Officer, retired not below the rank of SAG 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 Arbitrator to the contractor within 60 days from the day

when a written and valid demand for arbitration is received by the General

Manager. Licensee will be asked to suggest to the General Manager at least

2 names out of the panel for appointment as Licensee’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 them as the Licensee’s nominee

19

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. The General

Manager 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.

(3) (b) : Appointment of Arbitrator where applicability of section 12

(5) of Arbitration &Conciliation Act has not been waived off:The

Arbitral Tribunal shall consist of a panel of three 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 Licensee within 60 days from the day when a

written and valid demand for arbitration is received by the General Manger.

The Licensee will be asked to suggest to the 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 them as the Licensee’s nominee

and will, also simultaneously appoint the balance number of arbitrators

either from the panel or from outside the panel, duly indicating the ‘Presiding

Arbitrator’ from amongst the 3 arbitrators so appointed. General Manager

shall complete this exercise of appointing the Arbitral within 30 days from

the receipt of the names of Licensee’s nominees. While nominating the

arbitrators, it will be necessary to ensure that one of them has served in the

Accounts Department.

(3) (c) (i) : If one or more of the arbitrators appointed asabove refuses to

act as arbitrator, withdraws from his office as arbitrator, or vacates his/their

office/offices or is/are unable or unwilling to perform his functions as

arbitrator for any reason whatsoever or dies or in the opinion of the General

Manager fails to act without undue delay, the General Manager shall appoint

new arbitrator/arbitrators to act in his/their place in the same manner in

which the earlier arbitrator/arbitrators to act in his/their place in the same

20

manner in which the earlier arbitrator/arbitrators had been appointed. Such

re-constituted Tribunal may, at its discretion, proceed with the reference

from the stage at which it was left by the previous arbitrator (s).

(3) (c) (ii) :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.

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.

(3) (c) (iii) (i) : Qualification of Arbitrator (s)

(a) Serving Gazetted Railway Officer’s of not below JA Grade level.

(b) Retired Railway Officers not below SA Grade level, three years after his

date of retirement.

(c) Age of arbitrator at the time of appointment shall be below 70 years.

(c) (i) An arbitrator may be appointed notwithstanding the total number of

arbitration cases in which he has been appointed in the past.

(ii) While appointing arbitrator(s) under Sub-Clause 1.3 (a) (i), 1.3 (a)

(iiI) & 1.3 (b) above, due care shall be taken that he/they is/are not

the one/those who had an opportunity to deal with the matters to

which the contract relates or who in the course of his/their duties as

Railway servant(s) expressed views on all orany of the matters under

dispute or differences. The proceedings of the Arbitral Tribunal or the

award made by such Tribunal will, however, not be invalid merely for

the reason that one or more arbitrator had, in the course of his service,

opportunity to deal with the matters to which the contract relates or

who in the course of his/their duties expressed views on all or any of

the matters under dispute.

21

(3) (d) (i) :The arbitral award shall state item wise, the sumand reasons

upon which it is based. The analysis and reasons shall be detailed enough so

that the award could be inferred there from.

(3) (d) (ii) : A party may apply for corrections of anycomputational 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.

(3) (d) (iii) : A party may apply to Tribunal within 60 days ofreceipt of

award to make an additional award as to claims presented in the arbitral

proceedings but omitted from the arbitral award.

(4) :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.

(5) :Where the arbitral award is for the payment of money, no interest shall

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

which the award is made.

(6) : i. The cost of arbitration shall be borne by the respective parties. The

cost shall interalia 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 format given at

Annexure-I to these condition after/ while referring these disputes to

Arbitration. Further, the fee payable to the arbitrator(s)would be governed

by the instructions issued on the subject by Railway Board from time to time

irrespective of the fact whether the arbitrator(s) is/are appointed by the

Railway Administration or by the court of law unless specifically directed by

Hon’ble court otherwise on the matter.

ii. Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed

by Railway Board from time to time.

iii. Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided

within six months.

(7) :Subject to the provisions of the aforesaid Arbitration andConciliation Act

1996 and the rules there under and any statutory modifications thereof shall

apply to the appointment of arbitrators and arbitration proceedings under

this Clause.

Agreement towards Waiver under section 12 (5) and section 31-A(5) of Arbitration and conciliation

(Amendment) Act

22

I/We ________________________________________ (Name of Licensee) with reference to Agreement No.______________________ dated ___________ may raise disputes as to the respective rights and liabilities, withholding of certificate and demand arbitration in respect of claims in future.

I/We with reference to agreement may raise disputes as to the operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of any claims in future.

I/We are agree to waive off applicability of section 12(5) and Section 31-A (2) to 31-A (4) of Arbitration and Conciliation (Amendment) Act, 2015.

Signature of Licensee

49. Jurisdiction: In case of any legal proceeding, it shall be subject to

exclusive jurisdiction of the Court at Mumbai city of India.

50. The Policy Guidelines of Ministry of Railways on the subject, if any, in future, shall be applicable.

51. SCHEDULE OF PREMISES

1. Space measuring : ……………..sq. ft. EMR & ………………sq. ft. for

medical Store

2. Location at :_________________________________ 3. Purpose :Operation of Medical Emergency Room, small

Retail Medical Store and small portable laboratory on terms

& conditions mentioned in the Agreement.

In witness, whereby the parties have hereunder subscribed their

names at the places and on the dates hereinafter mentioned

respectively

Signature:………………………. Signature:……………………………….

23

Name:………………………………. Name:………………………………………..

Desgn:……………………………… Desgn.:……………………………………….

Seal: Seal:

WITNESSES. WITNESSES.

1. ……………………………….. 1. ……………………………..

2. …………………………………. 2. ………………………………….

24

ANNEXURE - I

1 Set of six wooden / polymer extensible splint (St. John Ambulance type)

1 Set

2 Sterile Adhesive Strip dressing (standard size) 20 Nos.

3 Rubber tourniquet 5 Nos.

4 Roller bandages (7.5cm x 4 Mtr.) gauze 10 Nos.

5 Triangular bandages (130cm x 90 cm x 90 cm) 4 Nos.

6 Antiseptic cream 25 gms. 5 tubes

7 Injury card 1 No.

8 Safety pin Set of 10 2 Set

9 Cotton wool 100 gms. 1 Packet

10 Sterile Absorbent Gauze Pad (7.5 x 7.5) 15

11 Sterilised Absorbent Cotton Wool (25 gms) 10

12 Adhesive Plaster (2.5 x 4/5 mtrs.) 2

13 Splints, wooden / polymer set of 6 1 Set

14 Scissors Dressing 1

15 Rubber Tourniquet 1

16 Oral Airway (Guedel Oro-Pharyngeal) size 0, 2, 4, 6

2 each size

17 Tab. Paracetamol 500 mg. 50 tabs in strips

18 Tab. Pantoprazole 40 mg. 30 tabs in strips

19 Tab. DicyclomineHcl 30 tabs in strips

20 Tab. Antacid 30 tabs in strips

21 Tab. Diazepam 5 mg. 30 tabs in strips

22 Tab. Ibuprofen (400mg) / Diclofenac sodium (50mg)

20 Nos.

23 Tab. Domeperidone (dispersible tablet) 10 mg. 20 Nos.

24 Tab. Levocetirizine 5 mg. 20 tablets

25 Tab. Isosorbidedinitrate (sub-lingual) 30 tabs in strips

26 Savlon - 100 ml 2

25

27 Antiseptic Spray Dressing 2 Nos.

28 Oral Rehydration Powder 20 Pacs.

29 Normal Saline plastic bottle 500ml 5 Nos.

30 Saline Ampoules 5 ml. 10 Nos.

31 Disposable IV set 5 Nos.

32 Disposable syringes 2 cc, 5cc, 10cc 5 Nos. of each

size

33 Needles size 20 10 Nos.

34 Needles size 24 10 Nos.

35 First Aid Box Card for accountal 2 Nos.

36 Injection Pheniramine Maleate 25 mg. 10 amps.

37 Injection Ranitidine 10 amps.

38 Injection Deriphylline 2 amps.

39 Injection Diazepam 5 amps.

40 Injection Drotaverine 5 amps.

41 Injection Frusemide 5 amps.

42 Inj. Hydrocortisone 100 mg. 5 vials

43 Inj. Atropine 1 ml 5 amps.

44 Inj. 25% Dextrose 5 amps.

45 Inj. Ondansetron 4 mg. 5 amps.

46 Inj. Diclofenac sodium (1ml / 75 mg) 5 amps.

47 Disposable spirit swabs 20 Nos.

48 Inj. Paracetmol (Plastic bottle) 2 amps.

49 Disposable sterile gloves 7.5" 10 Nos.

50 B.P. Apparatus (aneroid type) 1 No.

Adult cuff 1 No.

Paediatric Cuff 1 No.

51 Stethoscope 1 No.

52 Tab Amlodipine (5mg) 10 Nos.

53 Salbutamol metered dose inhaler 2 Nos.

26

54 Tab Non-enteric coated Aspirin 300-350 mg 10 tabs

55 AED with 4 pads 1 Nos.

56 Newborn Delivery kit 2 Nos.

57 Hard Cervical collar 2 Nos.

58 Inj. Adrenaline 1 : 1000 10 Nos.

59 Portable Oxygen Cylinder Aluminium "AA" type reusable with accessories

2 Nos.

60 Flowmeter 2 Nos.

61 Oxygen face mask with tubings 4 Nos.

Adult 2 Nos.

Paediatric 2 Nos.

62 Povidone Iodine lotion 100 ml 1 bottle

63 Suction pump - foot / had operated (portable) 1 No.

64 Suction Catheter

12" 10 Nos.

14" 10 Nos.

65 Band Aid strips wash proof (1.9 x 7.2 cms) 20 Nos.

66 Surgi Pad 7.5 cms x 20 cm 10 Nos.

67 Anti - Inflammatory sprays 1 No.

68 Antiseptic spray dressing 1 No.

69 Pencil torch with batteries 1 No.

70 Xylometazoline nasal drop (0.1%) 1 vial

71 Intravenous Cannula 20 "24" 5 each

72 Laryngoscope with set of 3 different size blades with batteries

1 No.

73 Diclofenac Syrup 1 vial

74 Anti-Spasmodic Syrup 1 vial

75 Anti-Spasmodic drop 1 vial

76 Syp. Paracetamol 5 Nos.

77 Syp. Domperidone 5 Nos.

78 Syp. Pheniramine 5 Nos.

27

79 Ambu Bag Adult and Child with mask 1 No. each

80 Endotracheal Tube disposable

(size 3, 4, 5, 6, 7 mm) 2 Nos. of each

size

81 Curved Artery Forceps 6" 1 No.

82 Scissor Surgical Mayos 6" 1 No.

83 Needle holder medium size straight 1 No.

84 Toothed dissecting forceps medium size 1 No.

85 Chromic catgut 1-0 with cutting needle 2 Nos.

86 Silk sutures 1-0 with cutting needle 2 Nos.

87 Inj. 2% Sylocalne 2 vials

88 Digital Thermometer 1 No.

All contents of medical box to be kept in a customized box and periodically checked for expiry and replacement as and when required.