NOTIFICATIONAWARD OF SHORT TERM CONTRACT FOR PAY & PARK ON QUOTATION BASIS AT NAGOTHANE, THANE (W) FIRST FLOOR, PANVEL (E) SITE ‘A’, KALYAN (E) SITE ‘C’, IGATPURI SITE ‘A’, ‘B’ & ‘C’, KHADAVLI SITE ‘A’ & ‘B’, VASHIND (EAST) & (WEST) STATIONS.The Divisional Railway Manager (Commercial), Central Railway, Chhatrapati Shivaji Maharaj Terminus Mumbai invites sealed quotations for allotment of Pay & Park contracts at Nagothane, Thane (W) First Floor, Panvel (E) Site ‘A’, Kalyan (E) Site ‘C’, Igatpuri Site ‘A’, ‘B’ & ‘C’, Khadavli Site ‘A’ & ‘B’, Vashind (East) & (West) stations for a period of three months from the date of allotment. The interested person/firms should submit their quotation on 11/11/2019 up to 15.00 hrs in the above mentioned office. Quotations will be opened at 15:30 hrs on the same day.Area & Reserve Price of the locations available for pay & park contract on quotation basis is as under:

Sr.No.

Station Area in Sq.Mtr.

Reserve Price for three months(Excluding GST) ₹

Site will be available

from 1. Nagothane 332.5 18,625/- Available

2. Thane (W) First Floor 1652 Approx

19,95,325/- Available

3. Panvel (E) Site ‘A’ 1198 2,32,780/- Available

4. Kalyan (E) Site ‘C’ 645 1,71,000/- Available

5. Igatpuri Site ‘A’ 400 1,01,384/- Available

6. Igatpuri Site ‘B’ 400 1,01,384/- Available

7. Igatpuri Site ‘C’ 245 34,784/- Available

8. Khadavli Site ‘A’ 200 46,297/- Available

9. Khadavli Site ‘B’ 240 62,971/- Available

10. Vashind (East) 600 1,87,882/- Available

11. Vashind (West) 710 2,34,680/- Available

Terms & Conditions for operation of contract on quotation basis may be obtained from office of Divisional Railway Manager, Commercial Branch, Pay and Park section, First Floor, PRS Building, Mumbai CSMT & the above information is also available on web site at www.cr.indianrailways.gov.in.

*****TERMS & CONDITIONS OF CONTRACT

1. The Terms and Conditions of quotations along with Letter of Acceptance shall constitute an Agreement with Railway Administration and the contract will be governed by the terms and conditions mentioned herein below.

2. The format of quotation form will be available in the office of Divisional Railway Manager (Commercial), Central Railway, Mumbai CSMT. The quotation should be submitted in a sealed cover super scribed ‘Quotation for Cycle/Motor Cycle/Scooter/Car parking Stand Contract at ____________.

3. The contracts will be for a period of three months or till finalization of regular tender, whichever is earlier.

4. The applicant should submit Character and Current Antecedent verification certificate from the Police authorities (not prior to six months from the date of notification) along with the quotation. In case of partnership firm the certificate of all the partners and in case of company certificate of all directors are required. Licensee shall submit police verification certificate of his all employees who will operate the parking, before commencement of the contract. Station Manager should issue I/Cards to the employees of licensee only after receiving police verification certificate.

5. The offerer in his own interest may visit the site and should satisfy himself before applying for the parking stand. Any dispute regarding Area/boundaries or any other deficiencies will not be entertained after allotment of contract.

6. Earnest Money Deposit should be equivalent to the amount quoted as license fee for three months.

7. Earnest Money Deposit should be submitted in cash or in the form of Pay Order/Demand Draft issued by Nationalized /Scheduled Bank drawn in favour of “Senior Divisional Finance Manager, Central Railway CSMT Mumbai”. The earnest Money will be refunded to the unsuccessful offerer. If the offerer fails to carry out the contract or withdraws his offer after allotment, his EMD will stand forfeited.

8. The Licensee/Licensees shall have the use of all that piece of land on the Railway’s station as described in sketch/layout for the said purpose of erecting a temporary four wheeler vehicles stand and for no other purpose whatsoever.

9. The Licensee/Licensees shall not erect or cause to be erected on the said land or on any part thereof any buildings or structures of a permanent or a quasi- permanent nature.

10. SECURITY DEPOSIT: i) A Service provider should furnish a security deposit of an amount equal to

25% of quoted license fee, within three days from the date of receipt of letter of acceptance. Failing which the contract will be terminated by the Competent Authority.

ii) Security deposit should be deposited in the form of Cash or Bank Guarantee, FDR, Demand Draft drawn on any Nationalized/Scheduled Bank in favour of Senior Divisional Finance Manager, Central Railway, CSMT Mumbai.

iii) Without submission of security deposit licensee will not be allowed to commence the contract.

iv) Security deposit should be valid for the period of 4 months from the date of allotment.

v) Security deposit will be refunded within 15 days on successful completion of contract period after deduction/settlement of outstanding dues if any against the

licensee. The licensee shall bear the cost of Bank Guarantee it provides to Railway.

vi) Security Deposit shall be released only after the successful completion of the contract duly ensuring that the Railway premise is handed over by the contractor after proper cleaning.

vii) Notwithstanding anything mention to the contrary to the terms and conditions of the contract duly signed by the licensee, upon any default or breach of obligations by the licensee under the agreement, Railway may at its sole discretion draw upon the security deposit to satisfy its claims against the licensee by the way of imposition of penalties or otherwise, irrespective any other remedy under the terms and conditions of the contract.

10(A) FORFEITURE OF SECURITY DEPOSIT:In case of licensee/licensees makes/make any default in the payment of the License Fee, tax, Penalties or any other charges that may be due to the Administration, the Administration shall be at liberty to recover such license fees or other dues from the said amount of security deposit, forfeit the balance if any as liquidated damage forthwith determine the licensee/licensees and proceed to resume possession in a manner stipulated herein.

11. PENALTY/PUNITIVE CLAUSE:i. Appropriate penalties (minimum Rs.1000/-) can be imposed on account of excess

charging, complaints, unauthorized operations, unauthorized operation of excess area, deviation to the agreement clause etc. depending upon the gravity of irregularity/misconduct. A penalty ranging from Rs.1,000/- to Rs.5,000/- per case can be imposed by the inspecting officials which shall be depending upon the gravity and nature of offence. In the case of any operation of excess area penalty amount may exceed the above range of penalty.

ii. The penalty imposed should be paid within a week’s time from the date of demand of penalty payments and failing the same Competent Authority may take action of terminating the contract if needed.

iii. The Senior Divisional Commercial Manager, of the Railway Administration or his authorized representatives shall have free access at all times of the said premises to inspect at all times.

12. The Licensee/Licensees may lay, erect and retain upon the said land structures of purely temporary character only subject to such rules, regulations and bylaws, as may from time to time be made by or on behalf of the Administration or by or on behalf of any local authority in relating hereto and subject to the conditions hereinafter mentioned and shall have to provide at his/their own expenses all the facilities like stands, shelter, enclosures, and other facilities on the said land and premises, and shall be responsible for keep proper maintenance of fence boundary wall and surface provided by Railway during the continuance of License hereby granted.

13. LOSS & THEFT OF PROPERTY: The contractor is exclusively responsible for safe custody of vehicles parked with him & for any loss or damage cause by any reason including thefts, pilferages or damage to the cycle-scooter/motor-cycles/cars which are kept at the stand and also directly responsible to settle all claims, which may be made by owners of the vehicle for loss or damage etc. immediately at his own cost.

Licensee shall indemnify Railway Administration from any loss/damage that may be sustained on this account under the direction of any Court and Railway Administration will be at liberty to recover the same from the Security Deposit of same contract or License fees or Security Deposit of any other contract or through other legal remedy as may be available at relevant time.

14. PARKING CHARGES: a. Vehicles of the Railway staff shall be parked @ 50% of charges applicable for Monthly

Pass holder (MPH) on showing proof of identity. The contractor shall mention this prominently on the board displayed at the parking stand.

b. Licensee should issue monthly passes to the users for the period of validity period of contract only and under no circumstances it will be beyond this. If any such issue of passes is noticed the Security Deposit will be forfeited.

c. If any vehicle is parked beyond 24 hrs (other than M.P.H.) licensee should inform GRP/RPF about such vehicles parked in his parking area if no one is coming to claim the vehicle by 7 days the vehicle will be handed over to Railway for further disposal through proper procedure of “Auction” as envisaged in commercial manual. If any claim is received afterwards for said vehicle, claim will be settled by Railways on this account up to the amount received in auction deducting due incidental charges thereof and no claim beyond this amount will be entertained by Railways. Above said remarks should be printed in the parking coupons issued thereof to daily user by licensee.

d. The licensee shall at his/their own expenses and on his/their sole responsibility obtain all other necessary license (if any) for carrying on for the said business.

e. (i) The Licensee will be allowed to charge the vehicles as per rates shown below. No charges on any account shall be levied over and above the charges mentioned below.

Parking Tariff for Kalyan, Igatpuri, Khadavli and Vashind stations. Cycle Rs.

Scooter/Motor Cycle Rs.

Car Rs.

For up to 2 hrs. 2.00 5.00 10.00For 2 – 6 hrs 5.00 10.00 25.00Beyond 6 hrs up to midnight 10.00 15.00 50.00Monthly charges 125.00 250.00 625.00

Helmet Charges Rs.2/- for 24 hrs.

Parking Tariff for Thane station. Cycle Rs.

Scooter/Motor Cycle Rs.

Car Rs.

For up to 2 hrs. 5.00 10.00 20.00For 2 – 6 hrs 10.00 20.00 40.00For 6 – 12 hrs. 15.00 30.00 80.00More than 12 hrs. 20.00 40.00 100.00Monthly charges 200.00 400.00 900.00

Helmet Charges Rs.2/- for 24 hrs.

Parking Tariff for Panvel station. Cycle Rs.

Scooter/Motor Cycle Rs.

Car Rs.

For every 4 hrs. or part thereof - - 8.00For first 12 hrs 1.00 6.00 -For additional 6 hrs or part thereof 1.00 6.00 NAMonthly Charges NA 180.00 500.00

Helmet Charges Rs.2/- for 24 hrs.

Parking Tariff for Nagothane station. Cycle Rs.

Scooter/Motor Cycle Rs.

Car Rs.

For up to 2 hrs. 1.00 2.00 5.00For 2 – 6 hrs 2.00 5.00 10.00Beyond 6 hrs up to midnight 5.00 10.00 25.00Monthly charges 100.00 150.00 350.00

Helmet Charges Rs.2/- for 24 hrs.

(ii) Car Parking is allowed where sufficient place and entry/exit for car is available.

15. AUTOMATION AND COMPUTERIZATION:

a. Computerized Coupons are to be issued compulsorily to the daily customers by the licensee of parking contact at Railway station, which shall clearly depict the name/identification of parking lot, date and time of issue of coupons, the name of the contractor, serial no. on coupons with counter foils and amount charged for coupon/monthly pass.

b. Separate numbered Card based monthly coupons to Monthly Season Ticket holders of monthly users should be issued by the licensee with detail mentioning above Para. Counter foil of the same shall be preserved, which shall bear the contact No. of vehicle owner/person to whom pass is issued. Non-preservation of records shall attract penal action including termination of contract.

c. Condition should be printed on the Coupon/Card that vehicles unclaimed at the end of currency of contract shall be handed over by the licensee to Railway Administration for the action.

d. The machine generating computerized coupon should be replaced immediately if it is found not functioning properly by keeping a spare machine for the same. The excuses for issuing handwritten coupons will not be tolerated/accepted and the Competent Authority may take appropriate action depending upon the merit of the case.

16. TERMINATION OF CONTRACT:

Besides the action of imposing penalty for breach of any of the conditions as mentioned in this document, the Railway can terminate the contract without assigning any reason.

17. TAX LIABILITY:a. The licensee shall be responsible for all the taxes (inclusive of GST) to be paid to the

State Govt/ Central Govt. / Local civic agencies for the services rendered by him. There will be no tax liability upon the Railways whatsoever on any account.

b. The licensee shall pay GST directly to the Tax department at the existing rates for providing parking services to the public. The licensee should submit a copy of certificate of payment GST after expiry of contract failing which the security deposit will not be refunded.

c. Along with the license fees the licensee shall pay GST/any other tax at the existing rate and 2% TCS on the offer rate. TCS & GST/any other tax should be deposited in the form of Demand Draft drawn on any Nationalized/ Scheduled Bank in favour of Senior Divisional Finance Manager, Central Railway, CSMT Mumbai.

d. Any other taxes or charges payable to the local bodies on any account shall be paid by the licensee.

18. INDEMNITY:

a. The Railway Administration shall not be responsible for any loss/damages to any financial agencies, commercial outfit’s consequent on the termination of the contract for whatever reasons.

b. The contractor shall not be entitled to any claim against the Railway Administration for any damages, loss etc., that the contractor may sustain on account of fair or any other causes whatsoever cause attributable to carelessness on the part of licensee.

c. In the event of death of the contractor during the contract period, the legal heirs of the deceased namely wife, son, daughter, widow dependent daughter-in-law may be allowed to continue the unexpired portion of the contract purely at the discretion and permission of the Railway Administration on production of legal heirs certificate subject to fulfilling the terms and conditions stipulated in the agreement.

d. The agreement shall at all times be open to revision and amendment by the Railway Administration after giving one month notice in writing of such revision of amendment at the end of which any revision or amendment shall take effect, unless the contractor has objected thereto in writing within 15 days after the receipt of the said notice.

e. The existence of any dispute of difference or the initiation or continuance of the Arbitration proceeding shall not postpone or delay performance by parties of their respective obligations pursuant to the agreement.

f. Subject as otherwise provided in this agreement all notices to the given on behalf of President of India and all other actions to be taken on his behalf may be given or taken on his behalf by the Senior Divisional Commercial Manager, Central Railway, CSMT Mumbai.

g. Expect otherwise provided herein any agreement, oral or written abandoning the terms hereof shall be of no affect and shall not be valid or binding or enforceable unless and until the same is incorporated in the formal supplementary agreement in writing and signed by the parties thereof.

h. In case the parking area is taken back by Railway Administration for necessary redevelopment of station area every effort will be made to provide alternate area to licensee to run this activity. If any area shorter than actually possessed or no alternative arrangement given to the licensee, it will not be treated as breach of contract from Railway side and no liability on this score lies with Railway Administration.

19. OTHER TERMS AND CONDITIONS:

a. The contract will be governed by the terms and conditions mentioned herein below.

b. The licensee shall ensure that the premises are not used for any purpose other than that for which it is allowed under the Terms & Conditions of the contract. The premises should not be used for playing games etc.

c. Licensee at his own discretion may demand sufficient proof of identity of user to allow the parking space. The probable proof may be State/Central Government ID proof, Voter/Pan Card, Credit-Debit Card with photo identity and journey ticket details.

d. Railway shall have the right to cancel/revoke/terminate the contract at any stage in case of breach of any of the stipulated terms and conditions by the service provider if their performance is not found satisfactory. In such circumstances the security deposit shall be forfeited.

e. It is expected that the licensee shall run full term of the contract period as notified. In the event of resigning the contract before the full term of the contract period as mentioned “termination by licensee clause” the security Deposit along with license fee paid in advance (if any) will be forfeited.

f. No space other than allotted area for parking should be utilized for parking vehicles. If detected using additional area at any stage, license fees for additional area will be charged from the date of commencement of contract besides other punitive action such as penalty/termination of contract for such violation.

g. Any case of overcharging may liable to be penalized and/or termination of contract as the merit of the case.

h. The contractor should issue identity card to the vendors working at the site & advise their details viz names, address, etc., to the concerned Station Manager. The contractor should update the above information if there are any changes.

i. The contractor should submit adequate documentary proof viz. copy of allotment letter/ copy of electricity bill etc. in case of any change of address.

j. The contractor should submit specimen of parking receipt to be issued to the users, to this office for approval before commencing the contract.

k. The contractor should earmark at least two parking lots for vehicles used by Disabled persons and put proper signage for the same.

l. Payment of Tax Collected at Source (TCS): Apart from the license fee the contractor has to pay 2% of the license fee as TCS.

m. Any other taxes or charges payable to the local bodies on any account shall be paid by the licensee as its sole responsibility.

n. The licenses if desire for additional electrical connection and supply for parking stand from railway, should apply to the Electrical Department for electrical connection along with allotment letter issued by commercial branch by completing all formalities and paying security deposit and electrical bills directly to them separately.

o. Subletting of contract will not be permitted and on detection of such subletting the contract will be forthwith terminated and Security Deposit and License Fees paid will be forfeited.

p. A Tariff Board indicating the allotted area and parking tariff rates, name & address of the contractor should be displayed prominently at the entrance of the parking stand. Boards should be put up in an elevated position from the ground, Colour scheme should be such that the background is of lighter colouring and the lettering is of a brighter colouring Letter size should be big enough to be read from a distance of 50 ft. Approval shall be taken from the Railway authority for the display board.

q. While conducting Joint/Surprise inspection, operator/ representative should call the licensee within one hour. It is operator’s/representative’s responsibility to call the contractor within one hour of notice and inspection will be deemed to be carried out in presence of licensee or his representative. Any objection of incorrect measurement will not be entertained on any account.

20 Cleanliness of premises: The licensee/licensees shall always keep the plot of land in

clean and sanitary condition and shall remove all waste or unsalable properties or whatever other materials or refuse there may be from the said plot of land and vehicles stand and on his/their failing to do so, the administration may after giving twenty four hour notice forthwith remove the same at the expense of the licensee/licensees and disposes of the same in such manner as the administration, may in their absolute discretion think fit and such expenses shall be paid on demand by the licensee/licensees to the administration.

21. The Licensee/Licensees shall appoint reliable and honest staff in adequate number and only such as are able to control the traffic and one of good moral character and shall furnish their names to the Administration. The staff of parking contractor shall wear specified uniform at their own cost and also wear on duty ID card issued by Divisional Authority. The Licensee/Licensees shall pay not less than the fair wages to the workers engaged by him/them, the fair wages being wages paid for a similar works in the neighbourhood and shall otherwise comply with the provisions of the payment under “Minimum wages Act 1936” or any statutory modification or re-enactment thereof or rules framed there under. To ensure compliance of the wages more than prescribed Minimum wages, the licensee shall pay the wages to its employees through electronic mode of payment and not in cash in any case. The Licensee/Licensees shall keep a proper record of such payments etc. and submit a certificate every month to the Administration of his having done so. The records shall be open to inspection by the Railway Administration or any person authorized by them. Nothing herein contained shall be constructed to create a tenancy or any claim or any right or interest or easement in favour of licensee/licensees or in or over the said premises or to permit the licensee/licensees to transfer or to sublet the benefit under this license.

22. In all cases where the said plot of land is adjacent to railway lines or sidings of the Administration over which trains are worked or shunting operations are conducted, the licensee/licensees shall appoint responsible person, who shall be rested at all time whenever any labour is engaged on the said plot to take all precautions to prevent accidents to life and property and more especially to see that all persons are kept at a safe distance from the lines of the Administration.

23. The Administration shall not be responsible for any loss or damage of any sort which may happen to the property of the licensee/licensees or to which the licensee/licensees may be put from any cause whatsoever breach of any of the terms and conditions herein contained by the party or parties so dying as aforesaid during his/their life time or lifetimes or any right of indemnity the Administration may have under and by virtue of the provisions hereof. And provided also that this clause shall not be deemed to prevent surviving licensee/licensees from enjoying the privileges of the license in the same manner as he/they should have been entitled to do if none of the licensee/licensees had died during the continuance of this license.

24. Upon such a notice of determination being given as aforesaid licensee/licensees shall put down and remove the said land at their own expense on the determination of this license all structures erected as or above and restore to its former condition, the land forming the site thereof and if default shall be made herein, the Administration may after the expiry of the said period carry out so much of such pulling down, removal and restoration as the licensee/licensees may fail to complete and all expenses incurred herein as increased by the usual supervision charges shall be paid by the licensee/licensees to the Administration on demand being made thereof.

25. The Licensee/Licensees shall at all times maintain good behaviour and shall not allow the doing of any such act on the premises as might cause injury or annoyance to others or as might tend to cause a breach of peace.

26. The Administration shall not be responsible for any loss or damage of any sort which may happen to the property of the licensee/licensees or to which the licensee/licensees may be put from any cause whatsoever breach of any of the terms and conditions herein contained by the party or parties so dying as aforesaid during his/their life time or lifetimes or any right of indemnity the Administration may have under and by virtue of the provisions hereof. And provided also that this clause shall not be deemed to prevent surviving licensee/licensees from enjoying the privileges of the license in the same manner as he/they should have been entitled to do if none of the licensee/licensees had died during the continuance of this license.

27. The Licensee/Licensees hereby declare/declares that the name Shri._________________________________ is the name in or under which he/they carry on business by himself/themselves and that it is not the name of any other firm in which he/ they carries/carry on business in partnership and that in case it shall at any time hereinafter appear that the said declaration herein contained or any part thereof is not true. In fact, the Administration shall not be bound to recognize any person or persons other than the Licensee/Licensees as being in any way interested or concerned in this license or in any benefit to accrue there under and that the Administration shall in addition be at liberty by a notice in writing under the hand of Divisional Railway Manager, addressed to the Licensee/Licensees or to either or any of them or to his/their or either or any of his/their heirs, executors or assignees in insolvency as the case may be immediately to put an end to this license or that the licensee/licensees and any person or persons who may alleged that they have any interest in this license, shall have no claim on the Administration by reason of this license being terminated in pursuance of the provisions contained herein.

28. The Licensee/Licensees jointly and each of them severally shall at all times keep the Administration, their offices and servants harmless indemnified against and shall reimburse to the Administration their Officers and servants any of them all claims,

demands, suits, losses, damages, costs, charges and expenses whatsoever including any claims under the Workmen’s Compensation Act, 1923 and any amendments thereof which the Administration, their Officers or servants may sustain or incur or become liable to pay by reason or in consequence of any injury or accident to any person or to any property whatsoever, whether owing to the neglect, carelessness or any other conduct whatsoever of the Licensee/Licensees his/their or either of his/their agents, servants and others in his/theirs employment during the use by him/them of the license of the said premises or by any part thereof.

29. If the licensee/licensees or either or any of them shall die or be adjudicated an insolvent during the continuance of the license hereby, granted this license shall absolutely cases and determine so far as it concerns the estate of the party or parties so dying and the heirs, executors or Administration or other legal personal representatives of the party or parties so dying or assignees in insolvency as the case may be shall have no interest whatsoever under this license. And provided also that nothing therein in this clause contained shall be deemed to prejudice or to affect any claim which the Administration may have against such heirs, executors or Administrators or other legal personal representatives or assignees in insolvency as the case may be for or in respect of any breach of any of the terms and conditions herein contained by the party or parties so dying as aforesaid during his/their life time or lifetimes or any right of indemnity the Administration may have under and by virtue of the provisions hereof. And provided also that this clause shall not be deemed to prevent surviving licensee/licensees from enjoying the privileges of the license in the same manner as he/they should have been entitled to do if none of the licensee/licensees had died during the continuance of this license.

30. The licensee/licensees shall be liable to pay such penalty as the Railway Administration may inflict for complaints against the licensee/licensees Managers etc. which in the opinion of the Railway Administration are bonafide and substantiated. Without prejudice to the other remedial, which may be available under the agreement, the licensee/licensees shall be liable to pay at the sole discretion of the Railway Administration also appropriate penalty for any action in contravention of any of the clauses of this agreement. The penalty so levied shall be paid by the licensee/licensees within a week of the date of demand for payment and failing the same, this agreement may be terminated.

31. If the licensee/licensees or either or any of them shall commit any breach of any of the provisions of this ,license of the event of the failure of the licensee/licensees to pay sum due from them under this license, the Administration shall be entitled to determine this license at once by a notice in writing under the hand of Senior Divisional Commercial Manager of the Central Railway, Mumbai CSMT addressed to be licensee/licensees whereupon this license shall absolutely cease and determine and the Administration shall thereupon be entitled to pull down and to remove structure or structures which may have been erected by the licensee/licensees upon the said land in pursuance of clause 3 hereof and to seal any materials and things so removed and to apply the proceeds of sale in or towards the expenses of restoring the said piece of land or ground upon which they are effected to its former conditions and towards all other expenses incurred by the Administration in this behalf as increased by the usual supervision charges and towards any loss or damages caused to the Administration in consequence

of the breach of this license by the licensee/licensees and to recover any deficiency from the licensee/licensees on demand being made therefore.

32. Any money recoverable from the contractor either under this contract or any other contract can be recovered from any money refundable to the contractor under this contract or any other contract.

33. The licensee/licensees shall pay all legal expenses, stamp duty, registration and translation charges and all other costs, charges and expenses incurred in connection with those present.

34. Any notice to be given to the licensee/licensees under the provision of these present shall be addressed to Licensee and will be delivered at address mentioned while submitting the Tender or at changed address as may be informed by the licensee.

35. Subject to otherwise provided in this contract all notices to be given on behalf of the President of the union of India and all other actions to be taken on his behalf may be given or taken on his behalf by the Senior Divisional Commercial Manager of Central Railway, Mumbai CSMT.

36. ARBITRATION:

36 (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.

36(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.

36(1) (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 under Annexure -I of these conditions.

36(1)(iii) (a) : The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

36 (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.

36(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.

36(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 any other place with the written consent of both the parties.

36(1) (iv): No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of

arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

36.2: 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 by the 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.

36.3: Appointment of Arbitrator:

36.3 (a): Appointment of Arbitrator where applicability of section 12 (5) of Arbitration and Conciliation Act has been waived off:

36.3 (a) (i): In cases where the total value of all claims in question 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.

36.3 (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 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.

36.3 (b) : Appointment of Arbitrator where applicability of section 12 (5) of A&C Act has not been waived off: The Arbitral Tribunal shall consist of a panel of three (3) retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date to the 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.

36.3 (c) (i) : If one or more of the arbitrators appointed as above 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 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).

36.3 (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.

(a) 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.

36.3 (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.

(ii) 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) (ii) & 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 or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal

or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

36.3 (d) (i): The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from.

36.3 (d) (ii) : A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.

36.3 (d) (iii) : A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

36.4: 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.

36.5: 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.

36.6:

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.

a. Subject to the provisions of the aforesaid Arbitration and Conciliation 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) ActI/We ________________________________________ (Name of agency/Contractor) with reference to Agreement/File 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

37. Jurisdiction:37.1 in case of any dispute, any suit, petition, reference or other filing shall be

subject to exclusive jurisdiction of the Court at Mumbai city of India.

PARTICULAR TO BE REQUIRED ON COMPUTERIZED COUPON1. Name of Contractor: 2. Station:3. Date:4. Type of Vehicle: Two wheeler / Car5. Vehicle Number:6. Time in _________ out _________7. Parking charges collected Rs. ______ The paper used shall have water mark of seal of contractor.

(Format of Application)

To,DRM (COMMERCIAL),CSMT Mumbai.

QUOTATION FORM FOR ‘PAY & PARK CONTRACT AT____________

Name of the station: ___________________________________ Name of the Applicant: ___________________________________

Address: ___________________________________

___________________________________

___________________________________ Tel. No. / Mobile No: __________________________________ Character Certificate: __________________________________

Amount of license fee: _________________________________

(For three months)

Particulars of EMD : DD/PO No. _________________________ Date__________

Name of the Bank ____________________

For Rs. (in figure) ____________/-

1. (In words)___________________________

PAN No. :______________________________________

GST No. :______________________________________

Undertaking: I have gone through all terms & conditions of contract on quotation basis submitted along with the notification. I have duly understood the same & shall undertake to abide by the same.

Signature of the applicant: ______________ Date: ______________