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NORTH CENTRAL RAILWAY

APPLICATION DOCUMENT FOR

PROVISION OF CATERING SERVICES ON GENERAL MINOR UNIT NUMBER /NAME AT

CHOLA, MEJA, MAINPURI, NAINI, RURA STATIONS OF CATEGORY ˝D˝ AND AJAIBPUR,BARHAN,CHANDARI,XXXX XXXX, DABAR, JALESAR CITY, SASNI, STATIONS OF CATEGORY

˝E˝

DATED-05.10.2015

APPLICATION INVITING NOTIFICATION NO- 46/1 -46/14 KEY INFORMATION

SN	Category of Station	Name of Station	Location	No. of Unit	Type of unit	Category Of GMU	Minimum Annual License Fee in Rs.	EMD In Rs.	Cost of Applicati on Form in Rs. (Non refundabl e)
1	D	CHL	PF-2/3, Island PF	CHL/IS/2-3 /01	Stall	FF/WWW/WR E	23200	2320	500/-
2	D	MJA	PF-1, Main PF	MJA/M/01/01	Trolley	----	20720	2080	500/-
3	D	MNQ	PF-1, Main PF, Near Exit Gate	MNQ/M-01/01	Stall	----	85670	8570	500/-
4	D	NYN	PF-1, Main PF	NYN/M/01/01	Stall	----	26560	2660	500/-
5	D	NYN	PF-2/3, Island PF, Near Outside Ramp	NYN/IS/2-3/02	Stall	FF/WWW/WR E	41770	4180	500/-
6	D	NYN	PF-4, Island PF	NYN/IS/04/02	Stall	----	96440	9650	500/-
7	D	RURA	PF-1/2, Main PF, Near FOB	RURA/M/1-2/01	Stall	----	38100	3810	500/-
8	E	AJR	PF-1/2, Main PF, Middle of PF	AJR/M/1-2/01	Stall	PHC	44710	4480	500/-
9	E	BRN	PF-1, Main PF, Near FOB	BRN/M-01/01	Stall	----	34210	3430	500/-
10	E	CNBI	PF-1, Main PF, Near Exit Gate	CNBI/M-01/01	Stall	FF/WWW/WR E	18650	1870	500/-
11	E	DAQ	PF-1, Main PF, Near Tin Shade	DAQ/M-01/01	Stall	----	00000	0000	500/-
12	E	DAR	PF-1, Main PF	DAR/M-01/01	Stall	----	44400	4440	500/-
13	E	JSC	PF-1, Main PF, Near Parcel Godown	JSC/M-01/01	Stall	----	23300	2330	500/-
14	E	SNS	PF-1, Main PF	SNS/M-01/01	Stall	----	27190	2720	500/-

FF/WWW/WRE- Freedom Fighters/Woman Including War Widows/Widows of Railway Employee,

PHC- Physically Handicapped.

NOTE: - Separate Application form for each unit should be submitted by the applicant. Combined application will not be accepted.

Application Submission

From the date of publishing of Application notice in news

paper to 20-11-2015 upto 11:30 hrs.

Opening of Applications

Date 20-11-2015 and Time 12.30 hrs.

Contact Authority

SR. DIVISIONAL COMMERCIAL MANAGER , DIVISIONAL RAILWAY MANGER’S OFFICE, NORTH CENTRAL RAILWAY,

NAWAB YUSUF ROAD, CIVIL LINES, ALLAHABAD

DISCLAIMER

1. North Central Railway (herein after mentioned as “Railway”) does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this Document. Therefore, each Applicant should conduct their own investigations and analysis and check the accuracy, reliability and completeness of the information in this Document and obtain independent advice from appropriate sources. The Applicant shall bear all its costs associated with the preparation and submission of its Application including expenses associated with any clarifications which may be required by Railway or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Applicant and Railway shall not be liable in any manner.

2. Railway will have NO liability to any Applicant or any other person under the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this Document, any matter deemed to form part of this Document, the award of the License, the information and any other information supplied by or on behalf of Railway or otherwise arising in any way from the selection process of the License.

3. The issue of this Document does not imply that Railway is bound to select the Applicant or to appoint the Selected Applicant. Railway reserves the right to reject any or all of the Applications submitted in response to this Document at any stage without assigning any reasons whatsoever. Railway also reserves the right to withhold or withdraw the process at any stage with intimation to all applicants who have submitted the Application.

4. Railway reserves the right to change/ modify/amend any or all of the provisions of this Document at any stage. Such changes shall be notified to all Applicants who have bought this document.

APPLICATION NOTICE

1. For and on behalf of the President of India, Senior Divisional Commercial Manager, North Central Railway, Allahabad invites applications from Individual/Partnership firms/Companies/Co-operatives food and catering service providers for “Provision of Catering Services at General Minor Unit Number (GMU) …….. at ………. Station of Category ………….

2. The Scope of Work and Instructions to Applicants is provided in Section A.

3. Application Documents: The interested applicant may purchase ‘Application Documents’ which can be obtained between 10:00 hrs and 17:00 hrs on all working days from the date of publishing of Application notice in news paper to 19-11- 2015 in person from the Railway office at the address given in paragraph 9 below, on payment of non-refundable document fee of Rs.500/- (Rupees Five Hundred only) in the form of:

a. Demand draft / Banker’s Cheque (CTS-2010 Printed) in favour of ‘Sr.DFM, North Central Railway Allahabad,

payable at Allahabad drawn on any scheduled commercial bank in India.

b. Cash deposited at the Office of Chief Booking Supervisor, North Central Railway, Allahabad, PF-01, Allahabad Junction Railway Station, Allahabad duly supported with original Cash Receipt / Money Receipt indicating the Application Number and due date of submission.

4. Application document can also be downloaded from the website xxx.xxx.xxxxxxxxxxxxxx.xxx.xx or xxxxxxx.xxx.xx and the applications can be submitted on the downloaded document along with a separate Demand draft (CTS-2010 Printed) towards the cost of application documents at the time of application failing which the application will be summarily rejected.

5. Xxxxxxx Money: The application must be accompanied by Xxxxxxx Money of Rs. ………./- (Rupees only) as mentioned

in Application Inviting Notification/documents in the form of a Single Bank Demand draft only (CTS-2010 Printed) drawn on any Scheduled Bank in India, in favour of Sr. DFM/North Central Railway, Allahabad, Payable at Allahabad.

6. Receipt of Applications: Sealed applications should be dropped in the designated box kept in Room No. 119, Chamber of Assistant Commercial Manager, North Central Railway, Allahabad not later than 11:30 hrs on 20.11.2015. Applications shall be opened on the same day at 12:30 hrs in presence of applicants/ representatives who choose to attend. For this an authority letter of the firm is required. The onus of dropping the Application in the box lies with the bidder. Applications received after 11:30 hrs will be called “late” application and will not be considered further for evaluation.

7. Railway reserves the right to accept/reject any or all applications without assigning any reason thereof.

8. The Applicants fulfilling the eligibility criteria will be evaluated based on the evaluation criteria given in this Application document.

9. Address for Communication:

Sr. Divisional Commercial Manager Divisional Railway Manager’s Office,

North Central Railway, Nawab Yusuf Road, Allahabad-211001

Fax No. 0000-0000000

X-xxxx-xxx.x.xxxxxxxx@xxxxx.xxx

Section A

CHAPTER 1

SCOPE OF WORK

CHAPTER 2

INSTRUCTIONS TO

APPLICANTS

CHAPTER 1: SCOPE OF WORK

1.1 Main Objectives

(a) Appointment of a Licensee for the General Minor Unit (GMU) number/name …………. at ……….. station of ………..

category, ensuring provision of hygienic, good quality affordable meals/food to the traveling passengers as per laid down guidelines and policy directives issued by Railway and any other statutory regulations.

(b) The Licensee is expected to adopt, inter-alia, the trade practices, as indicated in Special Conditions of Contract II.

(c) In consideration of award of this License, the Applicant shall offer to pay a licensee fee for tenure of License for the GMU.

(d) The applicant, once selected shall become “Licensee” and shall be liable to pay License Fee as per terms and conditions determined by the Railway.

1.2 Explanation of Scope of Work:

The major components of scope are indicated below:

(a) The Licensee shall be provided with a GMU number/name ……….. at …………. station of category of the Railway.

(b) The Licensee shall be responsible for providing catering services for items as authorized by Railways from the GMU number/name ………… at station.

(c) Licensees shall set up Modular Catering Stalls/trolleys to maintain uniformity in design and colour scheme as authorized and approved by Railways. The Licensee shall be responsible to display the “Rail Ahaar” logo prominently at all places including the packaging material of food, uniform of waiters and other staff etc. The Licensee will abide by the instructions of Railway in this regard from time to time.

(d) In case licensee is permitted for sale of packaged drinking water (PDW) then, it is mandatory for the licensee to sell Rail Xxxx (Packaged Drinking Water – 1000 ml) or any other approved brand as permitted by Railway chilled or in such quantities & rates prescribed by Railway from time to time. The licensee will responsible for storing, cooling and distributing PDW to the passengers. In case of non-availability/inadequate supply of Rail Xxxx by Railway, the licensee shall be permitted to sell only packaged drinking water of brands as approved by Railways.

(e) The Licensee may be encouraged to provide regional cuisines, dietary and infant foods, at tariff approved by Railway subject to authorization from Railway.

(f) Licensee shall be responsible for availability/provision of adequate number of garbage bins at appropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Licensee shall avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bio-degradable and bio non-degradable. Licensee shall be responsible for disposing the garbage suitably at the designated location outside the station/maintenance area. All garbage bins must be labeled, cleaned and sanitized regularly.

(g) The Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling raw materials, preparation, packaging, supply, service, etc. of food/meals in accordance with the parameters specified in Annexure V in Section C.

(h) The Licensee shall further be responsible to make adequate arrangements in terms of all equipments and manpower, at its own cost, as per policy directives.

(i)The Licensee shall depute staff who will be required to manage the catering operations and serve food to the passengers. The Licensee shall ensure that the staff deputed on the unit should maintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue bills to passengers etc. Further, the License shall ensure that the catering staff should be well groomed, wear proper uniforms, badges displaying their names, carry photo identity cards, display at all times.

(j) In consideration of the award of the License to the Licensee, the Licensee shall be liable to pay Annual License Fee to Railway which shall be more than minimum license fee determined by Railway.

(k) The Annual License Fee shall be paid every year. For the first year, License Fee shall be paid fifteen (15 days) prior to the Commencement of the License and for subsequent years it shall be paid minimum fifteen (15) days before the completion of each preceding year of License.

(l)The Railway may grant limited rights to the Licensee to commercially advertise on disposable accessories that may be used by the Licensee in rendering catering services. Such grants would be duly authorized by Railway for each product and the duration of which shall be specified by the Railway.

(m) The licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge of operation of the equipment.

(n) Railway may, on selective basis only, decide to allot trolley/khomcha keeping in view the congestion/requirement/availability of space. Trolleys/khomchas will be meant for catering to the general service passengers at the platform ends.The applicant should be an individual only. No partnership firm/company, etc. will be eligible for applying for Trolley/Khomcha.

1.3 Tenure of License

The tenure of this License shall be initially for a period of five (5) years from the date of commencement of the License with a provision of further renewal for period(s) of 5 years on satisfactory performance and payment of all dues and arrears and withdrawal of court cases, if any. Renewal will not be a matter of right. The terms and conditions for renewal will be governed by the Catering Policy 2010 and/or any other instructions issued by Railway from time to time. The License agreement shall be as per Section B of this Application Document.

CHAPTER 2: INSTRUCTIONS TO APPLICANTS

2.1. General Conditions

2.1.1 Railway is desirous of receiving Applications for the award of License to the applicants who can be individual/firm/society/company who fulfill the essential and desirable qualifications as per Xxxxxxxx XXXX. The applicant if firm society or company will have to submit a Power of Attorney as per Xxxxxxxx XX, authorizing the signatory of the application to commit the Applicant.

2.1.2 The application should be furnished in the prescribed format with documents in support of the essential and desirable conditions.

2.1.3 The Applicant should submit a Character and antecedent certificate as per Annexure VII of Section C and various other documents mentioned in Annexure VIII as the case may be, in support of eligibility criteria( Essential & desirable qualifications)

2.1.4 At time of awarding and renewal of license, Railway shall ensure that the ceiling limits as prescribed in the Catering Policy 2010 and as amended from time to time are complied with. The Licensee shall submit an affidavit as per Xxxxxxxx XX declaring the details of the catering units held by him on Indian Railways in the prescribed format at the time of submitting the application

2.1.5 It is clarified that prior to making a Application, the applicant shall pay to Railway a non-refundable sum of Rs. 500/- (Rupees Five Hundred only) as the Cost of this Document. In case the Application document has been downloaded from the website xxx.xxx.xxxxxxxxxxxxxx.xxx.xx or xxx.xxxxxxx.xxx.xx, the applicant shall submit a separate Demand draft (CTS-2010 Printed)for the same amount, towards the cost of application failing which the offer will be summarily rejected.

2.1.6 The applicant shall deposit an Xxxxxxx Money of Rs……….. (Rupees only) as mentioned in application

documents in the form of a Single Demand draft only (CTS-2010 Printed) issued by any Nationalized Bank. The Demand draft (CTS-2010 Printed)shall be drawn in favour of Sr. Divisional Finance Manager, North Central Railway Allahabad and payable at Allahabad. Railway shall not be liable to pay any interest on the Xxxxxxx Money.

2.1.7 The validity period of the demand draft, shall not be less than 90 days from the Application Due Date, and may be extended as mutually agreed between the Railway and the Applicant from time to time. The Application shall be summarily rejected if it is not accompanied by the Xxxxxxx Money.

2.1.8 The Xxxxxxx Money of unsuccessful Applicants shall be returned, without any interest, as promptly as possible on acceptance of the application of the successful Applicant or when the selection process is cancelled except in the case of the Selected Applicant whose Xxxxxxx Money shall be retained till it has provided a Security Deposit under the License Agreement for the entire license period.

2.1.9 Any condition or qualification or any other stipulation contained in the application documents shall render the application liable to rejection.

2.1.10 Any information contained in the Application shall not in any way be construed as binding on Railway, but shall be binding against the Applicant, if the License is subsequently awarded to it on the basis of such information.

2.1.11 Railway reserves the right not to proceed with the Allotment Process at any time without notice or liability and to reject any or all Application(s) without assigning any reasons.

2.1.12 Railway reserves the right to forfeit the Xxxxxxx Money if:

(a) at any time, a material misrepresentation is made by the Applicant or

(b) the Applicant does not provide, within the time specified by the Railway, the supplemental information sought by Railway for evaluation , or

Such misrepresentation/improper response shall lead to the disqualification. Railway will be free to take any such measure as may be deemed fit in sole discretion of railway including annulment of the allotment process.

2.1.13 Any queries or request for additional information concerning this Document shall be submitted in writing or by fax and e-mail to the officer designated in Clause 2.3.5 below.

2.2 Brief description of the Allotment Process

2.2.1 Railway has adopted a system of inviting sealed application for “Provision of Catering Services on GMU number/name ……………… at …………. Station of category” for selection of the Licensee for the award of

License.

2.2.2 Applicants would be required to furnish/submit all the information and supporting documents specified in this Document. It is clarified that prior to making an Application, the Applicant shall pay to Railway a non-refundable sum of Rs. 500/- (Rupees Five Hundred only) as the cost of this Document.

2.2.3 Applicants shall be responsible for all of the costs associated with the preparation of their Applicants and their participation in the Allotment Process. Railway will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Allotment Process.

2.2.4 Prior to applying, Applicants must examine the all tasks in relation to rendering of desired services under the License and to carry out, at their cost, such studies / analysis, as may be required for submitting their respective application for award of the License.

2.2.5 Railway reserves the right to accept or reject any application, to cancel or modify the process or any part thereof or to vary any of the terms and conditions, and/or to annul the Applicant Process and reject all application, at any time during the allotment Process, without thereby incurring any liability to the affected applicant(s) or any obligation to inform the affected applicants of the grounds for Railway’s action.

2.2.6 Applications with alterations, overwriting etc. shall be liable to be rejected.

2.3 Sealing and Marking of Applications

2.3.1 The application in the format specified with details and documents specified in it in a sealed envelope.

2.3.2 (i) Demand draft (CTS-2010 Printed)for Rs. …………….. /- (Rupees only)/- as Xxxxxxx Money in

favour of Sr. Divisional Finance Manager, North Central Railway, Allahabad payable at Allahabad.

(ii) Proof of having deposited the Cost of Application Document, either deposit slip issued by Railway or

Demand draft (CTS-2010 Printed) of Rs. 500/- (Rupees Five Hundred only) superscribed as “Cost of Document” in case downloaded from internet.

2.3.3 The applicant should be dropped in the box provided in Railway office address given above.

2.3.4 Application submitted by mail, fax, telex, telegram or e-mail shall not be entertained and shall be rejected.

2.4 APPLICATION DUE DATE

2.4.1 Application received by Railway after the specified time on the Due Date shall not be eligible for consideration and shall be summarily rejected.

2.5 NUMBER OF APPLICATIONS

2.5.1 Each applicant can submit only one (1) application for each unit. In case of submission of more than one application the applicant shall be disqualified and the Xxxxxxx Money shall be forfeited by the Railway.

2.6 PROPOSAL VALIDITY

2.6.1 The applicant including the Xxxxxxx Money shall remain valid for acceptance by Railway for a period of 180 days from the last date of submission of applicants as specified as per para 8 of the applicant notice. In case of any need, Railway may request the applicants to extend the period of validity of their applicant on the same terms and conditions.

2.7 APPLICATION OPENING

2.7.1 Applicants interested may like to be present at the Railway office at the closing time of application submission and witness the process. Applications shall be opened at IST 12:30 hours envelope shall be

opened and the applicant shall be checked for availability of Xxxxxxx Money and correctness of amount on Xxxxxxx Money.

2.8 AWARD OF CONTRACT

2.8.1 Applicant must fulfill all Essential Qualification "a" to "e" mentioned in the application form.

2.8.2 Unreserved category applicants must obtain marks greater than zero with resopect tro each of the desirable qualification "f" to "h".

2.8.3 Application fulfilling above conditions will be ranked as per licence fee which applicant is prepared to pay to the Railways. In case more than one applicant is offering to pay same licence fee, they will be ranked as per total marked as per total marks obtained with respect to Desirable Qualifications 'f' to 'h'.

2.9 FRAUD AND CORRUPT PRACTICES

2.9.1 The applicants shall observe the highest standard of ethics during the allotment Process and subsequent to the issue of the LOA and during the subsistence of the License Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the License Agreement, Railway may reject a applicant without being liable in any manner whatsoever to the applicants or the Licensee if it determines that the applicants or the Licensee, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the allotment Process. In such an event, Railway shall:

( a) forfeit and appropriate the Xxxxxxx Money/Security deposit /PG as determined by Railway, without prejudice to any other right or remedy that may be available to Railway hereunder or otherwise.

(b) shall debar the applicants or Licensee to participate in any allotment process, etc. issued by Railway during a period of 1 (one) year from the date occurrence of such event

2.9.2 For the purposes of this Clause 2.9, the following terms shall have the meaning hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the actions of any person connected with the allotment Process (for avoidance of doubt, offering of employment to, or employing, or engaging in any manner whatsoever, directly or indirectly, any official of Railway who is or has been associated in any manner, directly or indirectly, with the allotment Process or the LOA or has dealt with matters concerning the License Agreement or arising thereof, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of Railway, shall be deemed to constitute influencing the actions of a person connected with the allotment Process); or (ii) engaging in any manner whatsoever, whether during the allotment Process or after the issue of the LOA or after the execution of the License Agreement, as the case may be, any person in respect of any matter relating to the award of License or the LOA or the License Agreement, who at any time has been or is a legal, financial or technical adviser of Railway in relation to any matter concerning the award of License;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the allotment Process;

(c) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the allotment Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by Railway with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Allotment Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among applicants with the objective of restricting or manipulating a full and fair competition in the allotment Process.

2.10 MISCELLANEOUS

2.10.1 Railway in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to;

(a) Suspend and/ or cancel the allotment Process and/ or amend and/ or supplement the allotment Process or modify the dates or other terms and conditions relating thereto;

(b) Consult with any applicants in order to receive clarification or further information;

(c) Retain any information and/ or evidence submitted to Railway by, on behalf of, and/ or in relation to any applicants; and/ or

(d) Independently verify, disqualify, reject and/ or accept any and all submissions or other information and/ or evidence submitted by or on behalf of any applicants.

2.10.2 It shall be deemed that by submitting the application, the Applicant agrees and releases Railway, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder and the applicant Documents, pursuant hereto, and/ or in connection with the allotment Process, to the fullest extent permitted by applicable law, and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or in future.

2.10.3 The Disclaimer as set forth at the outset of this document and the License Agreement as stated in this Document shall be deemed to be the part of this Document.

2.10.4 The Selected applicants shall have to execute the License Agreement in the manner and format as indicated by Railway in this Document and no material changes shall be permitted for submission by the Selected applicants.

Section B

MASTER LICENSE AGREEMENT

This Master License Agreement (the “Agreement”), is executed at …………….. on this ……….. day of ,

BETWEEN

The President of India, acting through the Divisional Railway Manager North Central Railway Allahabad, (hereinafter referred to as “Railway” which expression shall, unless repugnant to the meaning or context thereof, be deemed to mean and include its successors, permitted assigns) as party of the First Part;

AND

Sri-------------------------------------- S/O OR

, a company incorporated under

the laws of and having its registered office at [•] (hereinafter referred to as “Licensee” which expression shall, unless

repugnant to the meaning or context thereof, be deemed to mean and include its such defined affiliates as set forth herein this Agreement, successors, permitted assigns and affiliates of Licensee) as party of the Other Part; "Railway" and "Licensee" shall hereinafter be collectively referred to as 'Parties'.

WHERE AS:

A. Railway has mandated under the Catering Policy 2010 (“Policy”) to improve, inter-alia, the quality of catering services for providing food and beverage services to passengers.

The Licensee, inter-alia, is currently engaged in the business of catering services.

B. Railway, pursuant to application Number ------------- dated , Invited application for the license for “Provision of

Catering Services at General Minor Unit Number/Name---------------------at------------------- station of----------------

category (“GMU”).

C. On the basis of the evaluation of the various application received by Railway, including that of the Licensee, Railway has confirmed to the Licensee that it is established as the ‘Selected Applicant’.

D. In terms of the applicant, the submissions of the Licensee and such other subsequent discussions between the Parties, the Parties hereby agree to confirm the license arrangement on such terms and conditions as set forth herein, after regarding the requirements of the terms and conditions of the application document as the sacrosanct basis for the arrangement.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND UNDERSTANDINGS HEREIN SHARED BETWEEN THE PARTIES, THE PARTIES, XXXXXX AGREE AS FOLLOWS:

ARTICLE 1 SCOPE OF THE ARRANGEMENT

1.1 The parties agree that the scope of services shall be principally to operate, manage and supply catering services on the GMU from the commencement date of operations which is agreed by the parties to be (Commencement

Date).

1.2 This Agreement confirms and establishes that the scope of the arrangement between the parties shall be governed by the provisions of Annexure I (scope of services to be rendered by the Licensee).

1.3 It is agreed by the Licensee that the norms with regards catering charges payable to License for providing catering services on the GMU are also subject to the pre-determined prices as submitted by the applicant in Annexure II( Application form) & V(Special Conditions)of this Agreement. The Licensee also hereby confirms and acknowledges that Railway shall have the absolute right and discretion to change such prices without any need for prior discussion with the Licensee and the decision of Railway shall be strictly enforced by the Licensee during the Term of this Agreement.

ARTICLE 2 COMMENCEMENT OF OPERATION UNDER THE LICENSE

2.1 Pursuant to the scope of services to be provided by the Licensee, the parties agree that the plan for the commencement of operations shall be undertaken by the parties. It shall be the duty and the exclusive obligation of the Licensee to propose the plan for commencement of operations which shall be subject to the approval by Railway. Any changes suggested by Railway in the proposed plan shall be also duly implemented by the Licensee prior to commencement of operations.

2.2 The Licensee hereby undertakes that Licensee shall be bound to comply with all submissions, commitments & representations made in response to the allotment process unless agreed otherwise in this Agreement.

ARTICLE 3 TENURE OF THE AGREEMENT

3.1 The Tenure of the Agreement will commence on the Commencement Date which has been agreed by the parties as Five

(5) years and subject to the provisions of Article 3.2, 9 and Article 17 herein below, respectively, shall continue until a period of five (5) years from the Commencement Date and, if not terminated/expired, will be renewed on the mutually agreed terms.

3.2 Tenure and Renewal of License

The tenure of License shall be initially for a period of 5 years with a provision of further renewal for period(s) of 5 years on satisfactory performance and payment of all dues and arrears and withdrawal of court cases, if any. Renewal will not be a matter of right. The licensee must apply for renewal minimum 6 (six) months in advance before the expiry of the contract. No Dues Certificate from the concerned authority, must be attached along with the application for renewal.

The licensee must submit the documents afresh along with the renewal application as mentioned in para No. 2.21.1,

14.2.1.2 & 14.2.1.3 of Catering policy 2010 or any amendments/directives received thereafter.

ARTICLE 4 FINANCIAL TERMS AND CONDITIONS

4.1 Collection of Revenue by the Licensee

The Licensee is authorized to collect revenues (inclusive of tax) on issue of invoice directly from passengers in consideration of having rendered catering services on the GMU.

4.2 License Fee

(a) The License Fee, for the entire duration of License is Rs. -------------- (Rupees only)

(hereinafter “License Fee).

(b) In consideration of the provision of the services and the submission in application of the Licensee, the Licensee shall pay to Railway an agreed sum of Annual License Fee every year on pro-rata basis for the entire duration of the license.

(c) The Annual License Fee Rs. -------------- (Rupees ------------------------ only) shall be payable in advance for each year of the license, fifteen (15) days prior to the commencement of each year of the license.

(d) The License Fee payable to Railway by the Licensee shall be net of the deduction of tax at source (TDS), if applicable, under the governing law from time to time during the tenure of the Agreement.

(e) License fee will be reassessed and revised at the time of each renewal subject to a minimum of 10% increase over the prevailing license fee of the unit.

(f) There will be no separate charges payable towards rent for building /land, vender’s fee and conservancy charges etc., except electricity and water charges, which will be based on actual consumption.

(g) The licensee will be required to pay all the charges as per the contract agreement and all statutory duties/charges/levies, etc. would also be borne by the licensee as and when due.

4.3 Failure/ Delay in deposit of License Fee

Without prejudice to any other right that may be available to Railway in this Agreement or otherwise, any delay in payment of License Fee shall attract interest @14% per annum (Prime Lending rate + 2% percent), calculated for the number of days of default. Railway reserves the right to terminate the license, in case the licensee fails to make payment within six months of the due date.

4.4 Payment of taxes

The Licensee is authorized to collect tax on issue of invoice directly from passengers in consideration of having rendered catering services. Licensee, thus, agrees that all taxes payable on account of the grant of license including sales tax, etc. shall be borne by the Licensee exclusively and that the Railway shall not be responsible towards the same at any time during the term. Furthermore, in the event that any new tax is imposed or an existing tax enhanced under a governing law upon the services/deliverables of the Licensee, then the licensee will be permitted to collect the new/revised tax from the passengers; the liability of payment of Tax to the Government agency shall be also borne by the Licensee exclusively.

4.5 Mode of Payment

Any payment payable by the Licensee to Railway under this Agreement shall be paid through the Licensee’s own account vide Demand draft (CTS-2010 Printed)or banker’s cheque made in favour of Senior Divisional Finance Manager payable at Allahabad.

4.6 Recovery of outstanding dues

Notwithstanding anything contained in this Agreement, the Railway shall be at liberty to receive any payments

/outstanding dues including penalties against the Licensee from the Security Deposit provided by the Licensee after which Railway shall communicate to the Licensee of such deductions. In such an event, the Licensee shall be obligated to ensure that the Security Deposit is restored to its original value within seven (7) working days from such deduction failing which the same shall be deemed as material breach by the Licensee and entitle the Railway to terminate this Agreement.

ARTICLE 5 SECURITY DEPOSIT

5.1 As mentioned elsewhere in this Agreement, the Licensee shall furnish to Railway (in the manner and form acceptable to Railway) a Security Deposit for an amount equal to 10% (ten percent) of the Total License Fee for the entire duration of the License, 15 (fifteen) days prior to the Commencement of License.

5.2 Security Deposit shall be paid in the form of Bank Draft / Performance Bank Guarantee (PBG) / Cash (deposited with Chief Cashier of the Railway). The said PBG shall given in format provided as Annexure IV, valid for the Term of the Agreement and a period extending 6 months beyond the Term of the Agreement. Railway agrees to discharge the Security Deposit within 90 days from the expiry of the aforementioned period after deduction/settlement of outstanding dues against the Licensee.

5.3 Not withstanding anything mentioned in this agreement, upon 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 imposition of Penalties or otherwise, irrespective any other remedy under this Agreement.

ARTICLE 6 RIGHTS AND OBLIGATION OF THE LICENSEE

6.1 General

(a) The Licensee hereby agrees to fulfill all technical and commercial requirements set forth in the application document as well as all the commitments made in its response to the application call.

(b) Without prejudice to the aforesaid, it is represented by the Licensee that all services will be performed in a professional manner by its personnel and that the said performance by Licensee shall be in accordance with the ‘Desired Performance Levels’ as described in Special Condition of Contract –II and as communicated by Railway from time to time.

(c) The Licensee warrants that during the Term of this Agreement, the Licensee shall at all times be responsible for ensuring that the catering service at the GMU is undertaken with utmost care and diligence.

(d) The Licensee also hereby assures Railway of the quality, suitability and the warranties of all the food and related services under the Agreement, over and above the ‘Desired Performance Levels’ assured to Railway. The Licensee represents and warrants that the principle liability for the quality, suitability and warranties for catering service shall be of the Licensee and that all products will be in conformity with the requirements of the law as well as those stipulated by Railway from time to time. The Licensee hereby covenants that no exception to the liability, guarantee & assurance of the Licensee shall apply with regard to food and the services thereof.

6.2 Certificates/Permissions

The Licensee shall obtain necessary certificates/permissions required by law such as food license, test reports for various food items, etc. or as required as per the local regulations from the competent authorities. In case of any offense or failure to obtain the necessary certificates/permissions, the Licensee will be solely responsible for its penalty and consequences.

6.3 Display of menu and tariff, etc.

The Licensee shall exhibit menu, tariff and list of food items to be sold in the GMU as may be agreed upon from time to time by the Railway. The Licensee shall also ensure that printed menu cards bearing the name of the concerned Railway should always be available at the GMU and provided to the passengers on demand. The Licensee shall seek prior approval of the Railway before printing of menu cards.

6.4 Sale of items with the Railway prior approval

The Licensee shall not sell items other than those approved by the Railway. If sale of unauthorized items is detected in contravention to approved items, Railway may seize such items and the unauthorized seized items shall be disposed off as per policy of the Railway in addition to any penalty to be imposed for such contravention.

6.5 Right of user only

The License will only provide the catering services on the GMU and will have the right of user only on leave and license basis.

6.6 Compliance of Food Adulteration Act and other statutory laws

(a) The Licensee shall be responsible for compliance with applicable laws such as Prevention of Food Adulteration Act. 1954/Food Safty and Standard Act 2006 or any other amendments thereto.

(b) The Licensee shall be responsible for compliance with applicable laws such as sales tax, provident fund, labour laws, Service Tax or any other applicable laws.

(c) Railway shall not be responsible for compliance of any laws applicable with respect to carrying out the catering activity by the licensee relating to catering, tax, its employees or any other related matter. The licensee shall be solely responsible for following all the laws applicable in this regard. In case of any harm to Railways, it shall be indemnified by the licensee.

6.7 Maintenance of proper hygiene, cleanliness, etc.

The Licensee shall be responsible for ensuring the quality and quantity, maintaining proper hygiene and cleanliness while handling raw materials, preparation, packaging, supply, service, etc. of food/meals in accordance with the parameters specified herein and in the application documents. Licensee shall abide by the instructions issued by the railway from time to time in this regard.

6.8 Ceiling Limits

At time of awarding and renewal of license, Railway shall ensure that the ceiling limits as prescribed in the Catering Policy 2010 and as amended from time to time are complied with. The Licensee shall submit an affidavit as per Xxxxxxxx XX declaring the details of the catering units held by him on Indian Railways in the prescribed format at the time of submitting the application and also at the time of renewal if awarded license. Railway shall maintain a data base for verifying these details at the time of award of license and also at the time of renewal. It will be notified through Railway websites and also reconciled at regular basis.

6.9 No unlawful/illegal activity

The Licensee and/or its staff shall not carry on any unlawful, immoral or illegal activity in the GMU and/or at the station(s). It is clarified that if the Licensee suffers any loss or damage on account of the Licensee being restrained by the Railway or any other competent authority for indulging in illegal activities or any contravention of any law, the Licensee shall not be entitled to any compensation whatsoever.

6.10 Provision of suggestion/complaint book

The Licensee shall keep a suggestion/complaint book at a conspicuous place where the passengers can register their suggestions/complaints without any difficulty. This suggestion book shall be serially numbered and pre- authenticated by the Railway.

6.11 No use of plastic material

The Licensee shall, in rendering catering services, not use plastic material but eco-friendly/biodegradable packaging material for supply of food items; good quality glasses/paper cups for serving tea/coffee, etc.

6.12 Collection of garbage

Licensee shall be responsible for availability/provision of adequate number of garbage bins at appropriate places. Licensee shall also ensure to place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Licensee shall avoid use of metallic dustbins, which become rusted over a period of time. Segregation of waste should be done as bio-degradable and bio non-degradable. Licensee shall be responsible for disposing the garbage suitably at the designated location outside the station/maintenance area. All garbage bins must be labeled, cleaned and sanitized regularly.

All instructions in regard to disposal of garbage issued by Health, Mechanical and Commercial Directorate are to be adhered to by licensees.

6.13 Issue of proper bills, etc.

The Licensee shall issue proper bill(s)/receipts(s) against the sale of food items/beverages to the customers of the GMU.

6.14 Cooking in the GMU

Except or otherwise provided in the application document and/or this Agreement, the Licensee shall not cook anything in the GMU.

In order to ensure cooking free platforms and availability of clean, hygienic and quality food to the passengers, Railway may identify suitable space, if available, on railway premises near railway stations for setting up kitchens by the licensee at railway premises on the terms and conditions of extant policy on land/rent.

6.15 Ban on sale of products

The Licensee shall not sell/distribute tobacco products, wine, beer or any other alcoholic drink or any other item prohibited by law on the GMU. Further, the Licensee shall not use beef/pork in any form in any food items served to customers.

6.16 Food articles not to be kept on floor, etc.

The Licensee shall ensure that the catering staff shall not keep any food article on the floor of the GMU. The Licensee shall ensure that the catering staff shall not carry any food item in their pockets/card boxes/mineral water cartons, etc. and only container should be used for these purposes.

6.17 Presence of Licensee/authorized Manager

The Licensee or a duly authorised and competent Manager appointed and paid by the Licensee shall remain present in person to manage or supervise the business to be carried on under the provisions of this agreement and to ensure that the obligations of Licensee under the Agreement are duly performed and observed. In addition, Licensee or a duly authorised and competent Manager, appointed by the Licensee shall remain available at the location mutually decided between the parties for ease of administration of performance of license to the satisfaction of the Railway. The name(s) of the Manager will be advised by the Licensee to the Railway from time to time.

6.18 Staff Uniform, Identity cards, etc.

(a) The Licensee shall provide distinctive uniforms for catering staff with their identity cards. The Licensee shall seek approval of the pattern and style of uniforms to be adopted for the catering staff from the Railway.

(b) The Licensee shall ensure that the catering staff at all times display the nameplate.

6.19 Bonafide Staff of the Licensee

(a) The Licensee shall not permit anyone except the bonafide staff of the Licensee to staff the GMU and ensure that the staff shall not carry any article of any description other than those required for the fulfillment of the obligations contained herein.

(b) The staff of the licensee will carry valid authority and medical fitness certificate to be issued by the Railway on the request of the Licensee. The Licensee shall ensure that the identification card of the staff should be duly attested by the Railway.

6.20 Enquiry into the antecedents of the Licensee’s employees

The licensee shall not in any capacity employ any person of bad character or any person, whose antecedents have not been investigated / certified by the Police Authorities/MP/MLA/MLC/ Councilor/ Gram Panchayat Sarpanch/1st Class Magistrate / Gazetted Officer and shall issue an appointment certificate (signed by the Licensee) which shall contain a photograph of the employed with his or her left/right hand thumb impression affixed thereon in Printer’s ink which he will carry with him/her while on duty. The expenses for such verification are to be borne by the Licensee.

6.21 Provision of equipment

The Licensee will arrange his own equipment for satisfactory provisions of services.

6.22 Provision of first aid box

The Licensee shall provide and maintain First Aid box for rendering first aid to the catering staff in the GMU and shall provide training to the concerned catering supervisory staff from the medical authorities. The Licensee shall ensure that requisite certificates in this regard should be available with the GMU Manager.

6.23 Maintenance of proper records, etc.

The Licensee shall maintain proper and full records viz., accounts, vouchers, bills, tax, etc. pertaining to the GMU and make it available for inspection by the Railway to ascertain the Gross Sales Turnover.

6.24 Damage to Railway Property

The Licensee shall be responsible for any damage caused to Railway property provided arising due to the acts of omission or commission of the staff of the Licensee.

6.25 Handing over of GMU on expiration/termination of the Agreement

Upon expiration or termination of this Agreement the Licensee shall immediately vacate the GMU and shall deliver the vacant possession of the GMU to the Railway along with the Railway’ fixtures and fittings therein in good condition. In default, the Railway shall be entitled to enter and take possession of the GMU and to lock up the same or remove the furniture or other articles of the Licensee that may be lying there and to dispose of the same by sale or otherwise without being liable, for any damages, and all expenses incurred in connection therewith, shall be deducted by the Railway from the sale proceeds or from the Security Deposit or outstanding dues of the Licensee.

6.26 Information

The Licensee shall furnish all information, record, etc. within ten (10) days as may be required by the Railway from time to time, failing which the Railway reserve the right to impose suitable penalties on the Licensee including termination of the Agreement.

6.27 Compliance of Instructions

The Licensee shall comply with any other instructions issued by the Railway from time to time as may be necessary to ensure better services.

ARTICLE 7 RIGHTS AND OBLIGATIONS OF RAILWAY

7.1 General

(a) It is agreed by Railway that the principal obligation upon Railway towards the Licensee under the Agreement, shall be to render assistance (as mutually agreed by the parties) to the Licensee during the finalization of the plan for commencement of operations.

(b) If the Licensee requires any reasonable assistance from Railway in addition to assistance mutually agreed by the parties, then the same may be conveyed by the Licensee to Railway which request shall not be unreasonably denied by Railway.

7.2 Grant of limited rights of advertisement

The Railway may grant limited rights to the Licensee to commercially advertise on disposable accessories that may be used by the Licensee in rendering catering services. Such grants would be duly authorized by Railway for each product and the duration of which shall be specified by the Railway.

7.3 Test/Inspection of food samples, etc. by the Railway

(a) The Railway reserve the right to get the food samples/raw materials collected and tested at approved laboratories at the cost of the Licensee.

(b) The Railway shall have the right to inspect/check the services provided by the Licensee for reviewing its standards, quality and variety of food items, disposal systems, etc. at any time and may authorize any person or agency for this purpose to access the performance of the Licensee. In case of unsatisfactory performance or complaint of any nature, the Railway will be entitled to initiate the suitable action against the Licensee including termination of this Agreement as per the terms and conditions of this Agreement.

7.4 Right to make substitute arrangement in the event of unsatisfactory services, etc. by the Licensee

(a) In the event of unsatisfactory service, poor quality of articles, persistent complaints from passengers, and services below the desired performance level or any failure or default at any time on the part of the Licensee to carry out the terms and provisions of the agreement to the satisfaction of the Railway (who will be sole judge and whose decision shall be final), then without prejudice to any other remedy that may be available to the Railway under this Agreement or otherwise, the Railway reserve the right to make any substitute arrangement in any manner, it may deem fit at the risk and cost of the Licensee

(b) The Licensee agrees to make good all cost and expenses, if any incurred by the Railway for making the substitute arrangements referred to above.

7.5 Customer’s feedback

The Railway shall be entitled to take independent user’s feedback to know the level of passenger satisfaction of the Licensee’s services.

7.6 Right to resume the possession of GMU

Railway reserves the right to resume the possessions of the GMU if required for the purpose of working of the Railway.

ARTICLE 8 CHANGES IN MENU AND TARIFF

8.1 Railway reserves the rights to change catering tariff menu and for the GMU at any time after the award of the License. In the event of any such change by the Railway, the Licensee shall maintain the same quality and hygiene standards for preparation, supply and service of food/meals to passengers on the GMU as it were prior to such change.

8.2 In the case of any upward revision in catering tariff, the Licensee shall be allowed to sell food/meals at the revised rates to the passengers. In this event, the license fee payable to Railway shall increase on a pro-rata basis, from the date of revision of catering tariff.

ARTICLE 9 PERFORMANCE LEVEL GUARANTEE COMPLIANCE

9.1 The Licensee hereby undertakes and represents that it shall adhere to the Scope of Work as determined in Annexure- I

and the ‘Desired Performance Levels’ as determined in the Annexure - III at all time during the Term of the Agreement.

9.2 The Licensee undertakes and agrees that in the event that the ‘Desired Performance Levels’ are not complied with, then Railway has the right to impose service level penalties (Penalties) on the Licensee as also set forth in Annexure III.

9.3 Without prejudice to the generality of the above Article 9.2, the Licensee hereby acknowledges and agrees that the right for the imposition of Penalties by Railway is irrevocable and undisputed & that the Licensee shall not have any right whatsoever to pre-empt Railway from claiming Penalties automatically as and when there are performance level defaults by the Licensee.

9.4 For purposes of monitoring & auditing the ‘Performance Levels’, the parties agree that Railway shall have the sole & exclusive right to audit, re-evaluate, independently monitor and assess the performance of the Licensee.

9.5 Railway shall maintain a Annual Confidential Reports (ACRs) on performance of the licensee. ACRs will be duly filled in by the competent authority every year. Any instance of unsatisfactory performance/penalty shall be entered in the ACR. The ACR shall be the basis for evaluation of applications for renewal of license, as and where applicable. ACRs maintained by the Railways for the Licensee seeking renewal shall be scrutinized by the Competent Authority granting renewal. Based on the ACRs for the period of tenure the marks will be allotted to the licensee. A minimum cut off criteria based on the grading of the ACRs for grant of renewal shall be notified by the railway in advance.

ARTICLE 10 THIRD PARTY CONTRACTORS AND PROHIBITION OF SUB-LETTING

10.1 The Licensee shall not sublet, transfer or assign this Agreement or any part thereof. However, the Railway appreciate that for a license of this nature, the Licensee may have to take services of various suppliers of materials, goods etc. The Licensee may appoint such third party contractors for supply of goods and materials, whose details should be disclosed to the Railway. It is agreed by the parties that no other appointment of third parties by the Licensee shall be permitted.

10.2 For the purposes of this Agreement, the prohibition of sub-letting, transfer or assignment shall be deemed to include but not limited to the following:

(a) The Licensee shall not delegate or sub-delegate the performance of any of the services under the license except as permitted in this Agreement.

(b) The Licensee shall not sublet, transfer, assign or allow any entity, personnel or corporation the benefits of this Agreement.

10.3 If third parties are appointed pursuant to Article 10.1 under this Agreement, then the Licensee shall at all times remain principally liable towards the Railway and that there shall be no exception to their liability under this Agreement. The Licensee will also remain at the sole point of contact regarding all the services during the Term of this Agreement.

10.4 If the Railway at any point of time expresses any concerns to the Licensee regarding any third party sub-

contractor (appointed under Article 10.1), then the Licensee will comply with the requirements of the Railway forthwith; which may include the direction by the Railway to remove the said sub-contractor, etc.

ARTICLE 11 PROPRIETARY RIGHTS

11.1 For purposes of this Agreement, it is agreed by the parties that the respective proprietary rights of each party at the time of execution of this Agreement shall remain as the sole and exclusive rights of that party.

11.2 If any property of either party is to be used by the other party for purposes of provision of services including , etc. under this Agreement, then the said party (owning the property) will grant a limited right to use to the other party for the specific purpose and Term of this Agreement only. The aforesaid license to use shall be restricted for the specific purpose and Term of this Agreement and shall not involve any need for the payment of consideration as this Agreement shall form part and basis of valid consideration for such purposes.

ARTICLE 12 CONFIDENTIALITY

12.1 Parties hereby agree and acknowledge that every aspect of the present Agreement including but not limited to the commercial terms, technical parameters, etc. are invaluable to each party and are to be collectively regarded as part of confidential information.

12.2 The Licensee acknowledges that all information, data, material, etc, of its systems and operations shared by Railway with the Licensee, shall be regarded as part of confidential information by the Licensee.

12.3 The Licensee agrees that any violation of confidentiality especially with regards to customer data shall constitute material breach for purposes of this Agreement.

ARTICLE 13 AUDIT RIGHTS

13.1 Railway being the service beneficiary under the Agreement shall have audit and inspection rights upon the Licensee during the entire Term of this Agreement.

13.2 Railway shall have the right to conduct periodic audits on the GMU along with audits of the facilities of the Licensee at regular intervals. Such audits shall include the audit of technical and performance records of the Licensee which may be based on passenger feedback and other parameters set forth by Railway.

13.3 In addition to the audit rights under Article 13.2 herein above, Railway shall have the right to audit particular performance records of the Licensee including payment records, etc.

13.4 Each audit team of Railway shall be nominated by Railway exclusively and the Licensee shall not be intimated any audit visits by Railway. The location, time, etc. of the audit shall be decided by Railway exclusively and costs relating to the audit shall be borne by Railway. The parties also agree that upon the conclusion of each audit, representatives of both parties are to mutually sign-off on the jointly prepared minutes of each audit.

13.5 In the event that any audit by Railway reveals any discrepancy as determined by Railway, the same would then be communicated by Railway in writing to the Licensee; who shall be under obligations to comply with the audit results/directions of Railway within 30 days of receipt of written communication from Railway.

ARTICLE 14 INSURANCE & INDEMNITIES

14.1 During the Term of this Agreement, the Licensee will obtain and maintain at its own expense, adequate insurance with regards all its obligations under this Agreement including insurance for workers compensation, life insurance, health insurance, accident & risk insurance, etc. for employees including the catering staff of the Licensee. The Licensee hereby agrees and confirms that Railway shall not be responsible in any manner whatsoever towards claims of the personnel, employees, directors, etc. of the Licensee.

14.2 The Licensee agrees to indemnify, hold harmless and defend Railway from any and all losses, claims, actions, damages, liabilities, costs and expenses, including attorneys' fees that may be claimed upon or incurred by Railway due to breach or violation or non-compliance of the terms of this Agreement by the Licensee. The aforesaid indemnity granted by the Licensee can be invoked by Railway at any time during the tenure of the Agreement and the Licensee shall comply without any delay, protest or demur.

14.3 The Licensee accepts liability, civil and criminal for compensation/damages in accordance with provision of Consumer Protection Act, 1986 or any statutory modification of the Act or any other law for the time being in force for action occasioned by negligence, deficiency of service, imperfect or improper performance by the Licensee, his workmen, servants and agents. The Licensee shall indemnify the Railway from and against all payments made under the provision of the said Act or law including all costs. Any money which may become payable by the Railway as aforesaid shall be deemed to be money payable to the Railway by the Licensee and in case of failure by the Licensee to repay the Railway any money paid by it as aforesaid within seven (7) days after the same have been demanded by the Railway, the Railway shall be entitled to recover the same from the Security Deposit. The licensee shall be solely responsible for consumer complaints and in case of any direction/judgement from Consumer Court(s), the Licensee shall be solely responsible for fulfilling the requirements.

14.4 In case the Licensee suffers any loss on account of it being restrained by the Railway or any competent authority for indulging in illegal activities or any contravention of law, the Railway shall not be liable to pay any indemnification/compensation to the Licensee. Railway shall bear no liability in case of loss/damage to the licensee’s moveable/immovable property, if any, due to accidents.

14.5 The Licensee shall, at all times indemnify the Railway against all claims and penalties which may be suffered by the Railway or its employees by reason of any default on the part of the Licensee or its staff in due observance and performance of provision of:

(a) Workmen’s Compensation Act –1923

(b) Employment of Children’s Act, 1938 and

ARTICLE 15 EVENTS OF DEFAULT/MATERIAL BREACH

15.1 The following event(s) shall be deemed to be the event(s) of default or material breach on the part of the Licensee:

(a) If the Licensee fails to start catering service within one (1) month from the Commencement Date as defined in Article 1.1 of the Master License Agreement.

(b) If the Licensee fails to provide satisfactory services as under the License; or

(c) If the Licensee fails to adhere to the desired Performance Levels as determined by Railway at any time during the term of this Agreement; or

(d) If the Railway receives persistent complaints against the Licensee from the passengers or otherwise; or

(e) If the Licensee fails to pay license fee along with interest, if any, to the Railway on or before due dates; or

(f) If the Licensee engages in corrupt or fraudulent practices in execution of catering services under the Agreement; or

(g) If the Licensee fails to provide any information/record within the prescribed time as may be demanded by the Railway from time to time; or

(h) If there is any failure or default at any time on the part of the Licensee to carry out the terms and provisions of this Agreement to the satisfaction of the Railway.

ARTICLE 16 PENALTIES

16.1 The penalty(ies) that may be levied by the Railway on the Licensee in any of the instances mentioned in Article 15 above shall include but not limited to the following:

(a) forfeiture/appropriation of the Security Deposit in whole or part thereof, furnished by the Licensee; and/or

(b) to annul the license and forthwith terminate the License Agreement; and/or

(c) debar the Licensee from participating in the future similar contract/license of the Railway or the Indian Railway for a period of one (1) year.

16.2 The details of penalties have been explained in Annexure III of this Agreement.

ARTICLE 17 TERMINATION

17.1 If either party to the Agreement is subject to liquidation or insolvency under the applicable law, then the other party may forthwith terminate this Agreement by issuing a notice for termination upon such confirmed events having taken place.

17.2 The parties agree that ‘Material Breach’ for the Licensee shall also mean (other than those instances set forth in this Agreement), the failure to maintain the desired Performance Levels’ and/or the delay in achieving the Commencement Date by one (1) month from the agreed date (i.e. [•]) and/or non-payment of the minimum license fee by the Licensee in accordance with the provisions herein contained and/or any misrepresentation or violation of the commitments set forth in this entire Agreement or in response to the application or the breach or non-compliance by Licensee of its fundamental obligations under this Agreement, such that the breach or non-achievement defeats the object and purpose of this Agreement.

17.3 Railway shall also have, without prejudice to other rights and remedies, the right, in the event of ‘Material Breach’ by the Licensee of any of the terms and conditions of the contract, or due to the Licensee’s inability to perform as agreed for any reason whatsoever, to terminate the contract forthwith and get the work done for the un-expired period of the License at the ‘risk and cost’ of the Licensee or in the manner Railway deems fit to recover losses, damages, expenses or costs that may be suffered or incurred by the Institute. The decision of the Railway about the breach/failure on the part of the Licensee shall be final and binding on the Licensee and shall not be called into question.

17.4 Notwithstanding the provisions of Article 17.1 above, Railway or the Licensee may terminate this Agreement without assigning any reason to the Licensee / Railway by giving 6 (six) months prior notice in writing to the Licensee

/ Railway.

17.5 In the event that the Agreement is terminated by either party pursuant to Article 17.1 or by Railway under Article 17.4, then the undisputed payments accruing to Railway shall be due and settled in accordance with the terms of the Agreement until the effective date of termination.

17.6 In the event the Agreement is terminated by the Licensee under Article 17.4, the Railway shall forfeit the entire License Fee paid by the Licensee and invoke the Security Deposit.

17.7 In the event that the Agreement is terminated by either party prior to the achievement of the Commencement Date, then the parties to the Agreement agree to stop working on the plan for commencement of operations on the effective date of termination.

In the event the Agreement is terminated by Railway after Commencement Date, then the Licensee acknowledges and undertakes to continue performance of the services under the Agreement until the effective date of termination as confirmed by Railway, irrespective of whichever party has terminated the Agreement. However, the effective date of termination shall not be more than 6 (six) months from the date of notice. Further, the Licensee agrees to provide services on the same terms as it were being provided during the tenure of the Agreement.

ARTICLE 18 CANCELLATION/WITHDRAWAL/NON-OPERATION OF THE GMU AND REFUND OF LICENSE FEE

18.1 In the event of permanent cancellation/withdrawal/non-operation of the GMU service by the Railway, this Agreement shall be terminated without any notice or assigning any reason to the Licensee. In such an event the License Fee shall be refunded to the Licensee on pro-rata basis.

18.2 Except as otherwise provided in this Article, the Licensee shall not make any claim for any consequential loss of business/damages due to permanent cancellation/withdrawal of the GMU by the Railway.

ARTICLE 19 DISPUTE RESOLUTION

19.1 In the event of any dispute, controversy or claim of any kind or nature arising under or in connection with this Agreement between the parties (“Disputes”), the parties shall firstly attempt to amicably resolve such Disputes through the highest level of negotiations and discussions.

19.2 In the event that Disputes between the parties subsist beyond 30 days of negotiations between the Parties, then the Dispute shall be settled as per the provisions of Arbitration and Conciliation Act 1996. The dispute shall be referred to:

(a) Sole arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the General Manager of the Zonal Railway awarding the License. The Gazetted Railway Officer to be appointed as arbitrator however will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of their duties as railway servant have expressed views on all or any of the matters under dispute or difference.

(b) In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason, or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid.

(c) It is further a term of this contract that no person other than the person appointed by the authority as aforesaid should act as arbitrator and that if for any reason that is not possible , the matter is not to be referred to arbitrator at all.

(d) The arbitrator may from time to time with the consent of all the parties to the contract enlarge the time for making the award.

(e) Upon every and any such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator.

(f) Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the rules thereunder and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.

(g) The venue of the arbitration shall be the place from which the acceptance note is issued or such other place as the arbitrator at his discretion may determine.

(h) In this clause the authority to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise.

19.3 The award passed shall be final and binding and both Parties waive the right to appeal or contest the arbitral award.

19.4 It is further clarified that during the resolution of the Disputes, the Licensee shall be obligated for the continued performance of its obligations under the Agreement until the resolution of the Disputes.

ARTICLE 20 MISCELLANEOUS

20.1 Interpretation

This Agreement and the arrangement between the parties shall at all times be read along with the terms of the application document, its annexures and the application submitted in response to the call. In the event of any interpretation of the provisions of this arrangement between the parties, the documents shall be read in the following order of precedence:-

(i) Railway’ latest policies as applicable from time to time;

(ii) the Articles of this Agreement;

(iii) the contents of the Annexure(s) to this Agreement;

(iv) Contents of the Licensee’s application.

20.2 Relation between the Parties

The Parties to this Agreement are entering into this arrangement as independent contractors, and this Agreement does not bestow either Party the right against the other, as partner, agent, principal employer or joint venturer or any other form of legal association.

20.3 Survival

This Agreement along with the application and the response of the Licensee collectively constitute the full and complete arrangement between the Parties with respect to the subject matter hereof. The expiration or termination of this Agreement for any reason will not release either Party from any liabilities or obligations set forth herein this Agreement and such Articles (as applicable to the parties) will survive any termination of this Agreement.

20.4 Transfer of License

Transfer of license to the spouse/legal heir would be allowed only in the event of death of the original licensee. The license can be transferred in the name of spouse/legal heir for the unexpired period of the agreement only, with personal approval of the competent Railway authority shall obtain the nomination of the legal heir from the license holder at the time of entering into contract. The nomination should be only from amongst the family members.

20.5 Inclusion of Son/Wife/Daughter’s Name in the License

In case of old age, disability, infirmity, etc. competent Railway authority in exceptional cases only, may personally consider request of individual licensees for inclusion of the names of their son/daughter/wife/husband in their license subject to his/her performance being satisfactory and also that no railway dues are pending against the licensee. Railway will also ensure that son/daughter/wife/husband, whose name is proposed to be included in the license, does not hold any other catering/vending license anywhere on Indian Railways.

20.6 Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the Republic of India and the Courts at Allahabad Divisional Railway HQ shall have exclusive jurisdiction in all matters relating to this Agreement.

20.7 Amendments

Any changes or modifications to this Agreement or its Annexure(s) can only be made by a written amendment mutually signed by the Parties.

20.8 Waiver

Unless otherwise expressly provided in this Agreement, a delay or omission by either Party to exercise any of its rights under this Agreement will not be construed to be a waiver.

20.9 Assignment

This Agreement is binding on the successors and permitted assigns of each party; however neither party has the power to assign this Agreement without the prior written consent of the other party.

20.10 Notice

All notices under this Agreement by either party will be in writing and will be deemed to have been duly given if delivered by courier/registered AD Post. All notices under this Agreement are to be addressed as under:

In the case of Railway:

[Insert name of person & address]

In the case of Licensee:

[Insert name of person & address]

Any change in the aforesaid address of either party shall be immediately informed to the other party by way of a notice as aforesaid.

20.11 Force Majeure

In the event of any unforeseen event directly interfering with the operation of license arising during the currency of this Agreement; such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy, acts of God, sabotage, etc., the Licensee shall, within a week from the commencement thereof, notify the same in writing to the Railway with reasonable evidence thereof. In such event of force majeure, if mutually agreed by both parties, the tenure of this Agreement may be further extended for the period during which license was not operational.

20.12 Execution of the Agreement

This Agreement shall be executed/entered only with the Licensee on a non-judicial stamp paper of Rs. 100/- and all cost and expenses for registration, stamp duty, etc. thereof shall be borne by the Licensee.

IN WITNESS WHEREOF, THE PARTIES HAVE DULY EXECUTED AND DELIVERED THIS AGREEMENT BY THEIR DULY AUTHORIZED REPRESENTATIVES AS OF THE EFFECTIVE DATE.

Railway LICENSEE

By: By:

Title: Title:

Date: Date:

IN WITNESS OF: 1.

LIST OF ANNEXURES

Annexure I Scope of Services

Annexure II Application format for allotment of catering stalls at D,E & F category stations. Xxxxxxxx XXX Assessment of Performance of Licensee

Annexure IV Performance Bank Guarantee Bond Annexure V Special Conditions of Contract Annexure VI Affidavit of holding of Catering units

SECTION C

Annexure I	Scope of Services
Annexure II	Application format
Xxxxxxxx XXX	Assessment of Performance of Licensee
Annexure IV	Performance Bank Guarantee Bond
Annexure V	Special Conditions of Contract
Annexure VI	Affidavit of holding of Catering units
Annexure VII	Character and Antecedent Certificate
Annexure VIII	Documentation in support of eligibility criteria
Annexure IX	Power of Attorney for signing of application

Annexure 1 - Scope of Work

(a) The Licensee shall be provided with a GMU number/name ------------------- at ------------------ station of -------------------

category of the Railway.

(b) The Licensee shall be responsible for providing catering services for items as authorized by Railways from the GMU

number/name -

- at

station.

(c) Licensees shall set up Modular Catering Stalls to maintain uniformity in design and colour scheme as authorized and approved by Railways. The Licensee shall be responsible to display the “Rail Ahaar” logo prominently at all places including the packaging material of food, uniform of waiters and other staff etc. The Licensee will abide by the instructions of Railway in this regard from time to time.

(d) In case licensee is permitted for sale of packaged drinking water(PDW) then, it is mandatory for the licensee to sell Rail Xxxx (Packaged Drinking Water – 1000 ml) or any other approved brand as permitted by Railway chilled or in such quantities & rates prescribed by Railway from time to time. The licensee will responsible for storing, cooling and distributing PDW to the passengers. In case of non-availability/inadequate supply of Rail Xxxx by Railway, the licensee shall be permitted to sell only packaged drinking water of brands as approved by Railways.

(e) The Licensee may be encouraged to provide regional cuisines, dietary and infant foods, at tariff approved by Railway subject to authorization from Railway.

(h) The Licensee shall further be responsible to make adequate arrangements in terms of all equipments and manpower, at its own cost, as per policy directives.

(i) The Licensee shall depute staff who will be required to manage the catering operations and serve food to the passengers. The Licensee shall ensure that the staff deputed on the unit should maintain good conduct, etiquette, personal hygiene, politeness and courtesy, issue bills to passengers etc. Further, the License shall ensure that the catering staff should be well groomed, wear proper uniforms, badges displaying their names, carry photo identity cards, display at all times.

(j) In consideration of the award of the License to the Licensee, the Licensee shall be liable to pay Annual License Fee to Railway which shall be more than minimum license fee determined by Railway.

(l) The Railway may grant limited rights to the Licensee to commercially advertise on disposable accessories that may be used by the Licensee in rendering catering services. Such grants would be duly authorized by Railway for each product and the duration of which shall be specified by the Railway.

(m) The licensee shall ensure availability of hand held fire extinguishers with the staff having knowledge of operation of the equipment.

(n) Railway may, on selective basis only, decide to allot trolley/khomcha keeping in view the congestion/requirement/availability of space. These may be allotted to the individuals only.

Xxxxxxxx XX

Application Format for allotment of (General Minor Unit) catering stalls/trolley at D, E & F category of stations

Cost of Application form- Rs 500/- (non refundable)

Affix passport size photograph

Self Attested

To,

The Divisional Railway Manager (Commercial) North Central Railway

Sub:- Application for the contract for operation of catering stall at platform in ……. Railway Station-reg. I/We have perused the terms and conditions governing the catering contracts annexed to the application and hereby agree to abide by the said conditions. I submit the application with the following details:

Stall applied for: If the choice of station/platform/location for D, E, F category is not indicated, the application will be rejected.

Station

Platform number

Location at Platform

Reservation

category of applicant

Note: list of stalls available at selected station, platform & location of each stall and the details of annual Minimum license fee, from where to choose from is available at Page ……. .

1.	Name of applicant/authorised signatory
2.	Father’s/Husband’s name
3.	Date of Birth with age (in number & words)
4.	Educational Qualifications
5.	Full Postal/Residential Address
6.	Telephone Number & Mobile Number
7.	Category (Tick the appropriate box)	Sub Quota (If Applicable)
		FF (Freedom Fighter)
		WWW ( Women Including War Widows)
		WR (Widows of Railway Employee)
		PHC (Physically Handicapped)
8.	Details of catering stalls presently allotted to applicant in 1 Division 2. On North Central Railway excluding …………. Division
9.	DD number & date

Name of the applicant Signature of the applicant

10. Suitability Criteria :-

i) Applicants must fulfil all the Essential Qualifications ‘a’ to ‘e’.

ii) General Category applicants must obtain marks greater than zero with respect to each of the Desirable Qualifications ‘f’ to ‘h’.

iii) Applicants fulfilling above conditions will be ranked as per licence fee which applicant is prepared to pay to the Railways. In case more than one applicants are offering to pay same license fee, they will be ranked as per total marks obtained with respect to Desirable Qualifications ‘f’ to ‘h’.

11. Licence Fee.

The annual license fee offered, payable annually is in the table below:

(in Indian Rupees only)

Licence Fee (in Rupees)

Amount in Figures (in

Rupees)

Amount in Words (in

Rupees)

Minimum licence Fee fixed for this

station

Licence fee which applicant is prepared to pay to Railway

Note: Applications received without mentioning the Licence Fee by the applicant will be rejected.

1. In case of discrepancy in the amount mentioned in figure and words, the amount written in words will be taken in to consideration.

2. Licence fee mentioned by the applicant with over writing, correction or insertion in the table above shall be liable to be rejected.

3. Licence fee mentioned by the licensee is liable to be varied on a pro-rata basis/ or on the basis of sales assessment, in the event of the changes in the catering tariff after submission of application. The variation in licence fee shall be determined by Railway, assessing the corresponding changes in catering volumes and income to the licensee.

4. For para 3 above, the value estimated by Railway shall be final and binding on the licensee.

***********

Name of the applicant Signature of the applicant

Essential Qualification:

SN	Criteria	Details
a	Literacy (8th pass can be considered as fulfilling the criteria)	Yes	No

b	Good Moral Character (Valid certificate issued by Gazetted Officer of Govt. of India or a State Govt. or 1 st class Magistrate ( not below the rank of tehsildar) pertaining to area of residential address of the applicant and not more than two years old from the date of notification.	Yes	No

c	Solvency (valid certificate issued by scheduled/nationalised bank or revenue officer (not below the rank of tehsildar).	Yes	No

d	Medical Certificate for not suffering from infectious diseases (Certificate must not be issued below the State Primary Health Centre)	Yes	No

e	Reserved Categories (As per Policy)	Yes	No

Desirable Qualification:

SN	Criteria	Details	Marks	Maximum Marks
f.	Experience in Catering	In Other than Government agency	1
		Up to three years duly certified by Railway /Govt/Municipal Authorities	2
		More than three years duly certified by Railway/Govt.Municipal Authorities	3
		Not Submitted	0
g.	Financial Standing	Bank balance in any bank /post office of Rs. 25000/- or more (attach certified photocopy of passbook)	1
		Immovable property more than Rupee one lakh upto Rupees 5 lakhs	2
		Immovable property more than Rupees 5 lakhs	3
		Not Submitted	0

		Other than Govt/Railway	1
		Stations/Municipal agency
h.	Previous	Satisfactory Catering Business up to 3	2
	Track	years at Govt./Railway
	Record,	stations/municipal
	if any	Satisfactory Catering Business for	3
		more than 3 years at Govt/Railway
		Stations/Municipal Agency
		Not Submitted	0
		Total marks		9

Note: i) In case of unreserved category, the application will be rejected if any parameter in the essential and desirable criteria are not fulfilled by the applicants.

ii) In case of reserved category, the application will be rejected if any parameters in the essential criteria are not fulfilled by the applicants.

Annexure – III

Assessment of Performance of Licensee

1. Railway Officials / Inspector(s) or any agency authorized by Railway will conduct inspection to ascertain the catering performance of the Licensee

2. Licensee’s performance shall be evaluated on various dimensions as below:

• Annual Confidential Reports (ACRs) of the licensee maintained by the Railway.

• Mandatory Documents (ESI returns / PF returns / Food License)

• Hygienic practices, quality and adequacy of equipments, sourcing of materials, staffing etc.

• Storage of food in the heating devices, refrigerators etc.

• Customer Service – Grooming, Uniform, Name badges and Personal Hygiene of Staff, display of menu card, issue of receipt, collection and cleaning of waste, cleaning of waste bins, customer feedbacks taken

• Quality of Food – Presentation, Packaging, Temperature, size of food portion and Taste of Food

• Cleanliness of GMU, Quality of water used at GMU Disposal of Garbage etc.

• Suggestions / Complaints from customer

• Any other aspect as determined by Railway

3. As per provisions of the catering policy, 2010 and/or other instructions issued by the Railway from time to time, the performance of the licensee will be monitored/assessed by the Railway which will inter-alia include the following:

• Superior quality material should be used in fabrication/construction of all static units to improve on aesthetics, durability and convenience for maintenance.

• Gradually all old catering stalls should be replaced with compact modular stalls of uniform design to ease congestion on the station platforms and circulating area as per the policy guidelines issued by Railway Board.

• To provide hygienic and quality food to the travelling passengers and improve the on-board and static catering services a strict and effective system of monitoring of catering services will be followed. Monitoring of quality will be made through inspections and food quality checks by the Railway.

• Licensee Managed Units will be monitored for their mechanization and modernization along with their performance. Supervision of the services will be made constantly. Zonal Railways will review annually the performance for licensee managed units as per instructions issued by Railway Board from time to time.

• Annual Confidential Reports (ACRs) on performance of the licensees will be maintained by Railway. ACRs will be maintained for each licensee by the Zonal Railways and will be duly filled in by the competent authority every year. Any instance of unsatisfactory performance/penalty shall be entered in the ACR. The ACR shall be the basis for evaluation of applications for renewal of license. ACRs maintained by the Railway for the Licensee seeking renewal shall be scruitinised by the Competent Authority granting renewal. Based on the ACRs for the period of tenure, the marks will be allotted to the licensee. A minimum cut off criteria based on the grading of the ACRs for grant of renewal must be notified by the zonal railways in advance. Banning and suspension of business with the errant contractors shall be strictly enforced following due process.

• There should be no cooking on platforms at suburban stations and for other stations there should be attempts to progressively reduce cooking on stalls and trolleys on the platforms, except for items which could be prepared through electrically operated equipments only. Railway will decide the time frame for achieving cooking free platforms depending on local conditions.

• In order to ensure cooking free platforms and availability of clean, hygienic and quality food to the passengers, zonal railways may identify suitable space, if available, on railway premises near railway stations for setting up kitchens by the licensees of static units at railway premises on the terms and conditions of extant policy on land/rent.

• All systems and processes and equipment such as deep freezers, hot cases, microwave ovens, refrigerated storage units, xxxx-maries should progressively replace the existing traditional equipments and manual methods in static units.

• Decongestion should be ensured.

• All catering units should liberally provide garbage bins properly lined with garbage bags. Garbage thus collected should be disposed off in the prescribed manner which should be incorporated in all agreements and should adhere to extant pollution control and environmental norms. All instructions in regard to disposal of garbage issued by Health, Mechanical and Commercial Directorate are to be adhered to by licensees.

• Strict monitoring of Ceiling Limits - Zonal Railway shall maintain a data base of the various catering establishments to ensure that the ceiling limits on holding of catering licenses as per the catering Policy 2010 and/or instructions issued by the railway administration from time to time are complied with. The data base will be reconciled on a regular basis. As and when a tender is finalized, the information may be circulated to all concerned for updating the data base. Railways shall consolidate and circulate a list of all catering establishments as on 1st January of each year to be circulated latest by 31st March of that year. Such information will be uploaded regularly to the websites of the Railways. Guidelines regarding ceiling limits will be complied with while granting renewal also.

4. The Licensee will be evaluated along all the parameters stated above. All efforts shall be made by Licensee to control the deficiencies. Railway shall extend sufficient cooperation to the Licensee to make good the deficiencies, as the case may be.

5. Any deficiency in any of these parameters will be counted as “Deficiency in Service”. PENALTIES

1. For deficiency in any parameter, Licensee will be suitably counseled. In case the deficiencies persist and the Railway determines that despite repeated counseling the Licensee does not take adequate steps to improve, a written warning shall be issued to the Licensee.

2. However, after repeated warnings, if the performance of Licensee does not improve, the Licensee shall be imposed with a penalty (fine).

3. At the first instance, as determined by the Railway, a token penalty of Rupees Five Hundred (Rs.500/-) shall be imposed by the Railway.

4. At the second instance, as determined by the Railway, a penalty of Rupees One Thousand (Rs.1000/-) shall be imposed by the Railway.

5. At the third instance, as determined by the Railway, a penalty of Rupees Five Thousand (Rs.5,000/-) shall be imposed by the Railway.

6. At the fourth instance, as determined by the Railway, a penalty of Rupees Fifty Thousand (Rs.50,000/-) shall be imposed by the Railway.

7. In case of further occurrence of deficiency, Railway may decide to serve a notice for termination of License Agreement.

8. An imposition of fine/warnings on more than 5 occasions will result in rejection of the application for renewal.

9. Banning and suspension of business with the errant contractors shall be strictly enforced following due process.

Annexure IV Performance Bank Guarantee Bond

The President of India,

Through The Divisional Railway Manager Allahabad,

North Central Railway.

1. In consideration of the President of India (hereinafter called “Railway”) having agreed to accept from

_ (hereinafter called “the said Licensee/s), under the terms and conditions of an

Agreement/Acceptance letter dated

made

between

and

_ (hereinafter called “ the said License Agreement”) the Performance Guarantee for the due fulfillment by the Licensee/s of the terms and conditions in the said Agreement on production of Bank Guarantee for Rs

(Rs. only) we, _ _

(indicate the name of the Bank hereinafter referred to as “the Bank) at the request of _ Licensee/s do hereby undertake to pay the Railway an amount not exceeding Rs. _ against any loss or damage caused to or suffered by or would be caused to or suffered by the Railway by reason of any breach by the said Licensee (s) of any of the terms or conditions contained in the said Agreement.

2. We _ (indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Railway stating that the amount claimed is by way of loss or damage caused to or suffered by the Railway by reason of breach by the said Licensee/s of any of the terms or conditions contained in the said agreement or by reason of the Licensee/s failure to perform the Agreement, any such demand made on the bank shall be conclusive as regards the amount due and payable to the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. .

3. We undertake to pay to the Railway any money so demanded notwithstanding any dispute or disputes raised by the Licensee(s)/supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the Licensee (s)/suppliers (s) shall have no claim against us for making such payment.

4. We, (indicate the name of the bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement, including Maintenance/Warrantee Period, and that it shall continue to be enforceable till the dues of the Railway under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till

_ office/Department) Ministry of Railway certifies that the terms and conditions of the Agreement have been fully and properly carried out by the said Licensee (s) and accordingly discharged this guarantee, unless a demand or claim under this guarantee is made on us in writing on or before the

(date of completion + 6 months) we shall discharged from all liability under this guarantee thereafter.

5. We, _

(indicate the name of the Bank) further agree with the

Railway that the Railway shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Licensee (s) from time to time or to postpone from any time or from time to time any of the powers exercisable by the Railway against the said contract and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the Licensee/s or for any forbearance act or omission on the part of the Railway or indulgence by the Railway to the said Licensee(s) or such any matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving

us.

6. This Guarantee will not be discharged due to the change in the constitution of the bank or the Licensee (s) Supplier (s).

7. We, _ (indicate the name of Bank) undertake not to revoke this guarantee during its currency except with the previous consent of the Railway in writing.

Date this day of 2014/2015.

For _ (indicate the name of Bank)

Seal of the Bank

Annexure V

SPECIAL CONDITIONS OF CONTRACT - I

(Menu, Quantity and Rates for Standard Meals)

TARIFF FOR STANDARD MEALS, BREAKFAST TEA/COFFEE ETC.

SN	ITEM	TARIFF
1	Standard tea (150 ml) in disposable cup (Kulhar) of 170 ml	(In Rs.) 5.00
2	Tea with tea bag (150 ml) in disposable cup (Kulhar) of 170 ml	7.00
3	Coffee using instant coffee powder (150 ml) in disposable cup (Kulhar) of 170 ml	7.00
4	Packaged Drinking water 1 litre bottle (chilled)	15.00
5	Xxxxx Xxxx (in Hamper Box)	15.00
6	PDA items like chips, biscuits, cakes, chocolates etc.	MRP
7	Cold drinks, Fruit drinks in tetra pack	MRP

DETAILS OF MENU

SN Item Details of Menu

1. Standard tea (150 ml) Paper Cups used should be of 170 ml capacity

2. Tea with tea bag (150 ml) Paper Cups used should be of 170 ml capacity

3. Coffee with instant coffee powder (150 ml)

4. Janta Meal (in quality disposable card board boxes)

Poories - 7 nos Allu dry xxxxx Pickle sachet Green Chilli

Paper Cups used should be of 170 ml capacity

175 gms

150 gms

15 gms

1 no.

Items for Catering & Vending

Sl. No.	Item
1	Hot Beverages - Tea, Coffee, Soup thru’ AVM machine (s) only.
2	Cold Beverages- Approved brands of soft drinks, Tetra Pack Fruit Juices, Health Drinks.
3	Indian Sweets
4	Packaged Drinking Water (RAIL XXXX) / Brands conforming to IS:14543 of 2004 prescribed by Railway from time to time.
5	Confectionery Items- Cake, Pastry, Patties, Chocolates etc.
6	Bakery Items- Bread, Bun, Sandwich (Veg.) etc.
7	Proprietary Articles Depot (PAD) items - Biscuits, Chips, Namkeen, Bhujia etc.
8	North Indian Snacks (Veg.)
9	South Indian Snacks
10	Boiled Egg
11	Xxxxx Xxxxxx

Note: A-xx-xxxxx Items to be sold at rates & weights as approved by Railway from time to time.

SPECIAL CONDITIONS OF CONTRACT - II

(Hygiene and Quality Parameters for Handling Raw-materials, Food, Packaging)

HYGIENE AND QUALITY PARAMETERS FOR KITCHEN, FOOD HANDLING, CLEANLINESS, PACKAGING

All personnel should be aware of their food and personal hygiene responsibilities, and must maintain the highest standards of food and personal hygiene. It is necessary to maintain high level of cleanliness within the food premises (where food is stored, prepared and processed) and to ensure that prepared and raw food is kept separate. The Licensee is expected to follow the above mentioned approaches.

In particular, Licensee has to ensure full care for the following:

1. Purchase of Raw Material from reputed suppliers

2. Proper storage of raw materials so that they are free from any contamination.

3. Observe presence of dust and foreign material like stones, hairs, nuts, bolts, wires, staples, feathers, rat droppings, papers, cigarette ends, earrings, fingernails, buttons, pen tops etc. and discarde such batches / lots.

4. Food should be placed 18 inches above the ground, in an area free from contamination.

5. The entire facility, including the floors, walls, ceilings, windows, screens, doors etc. must be cleaned at regular intervals to prevent any accumulation of rubbish.

6. All food contact surfaces should be cleaned and sanitized after every use.

7. The stall area must be thoroughly cleaned. The recommended cleaning procedure is a wet wash with detergent

8. Drains should not get clogged which leads to foul smelling organic matter.

9. Remove all waste material deposited on the grates and shelves. This will keep drains from clogging and emitting foul smell.

10. No smoking or pan or tobacco chewing should be allowed in the premises.

11. No cobwebs or dust should gather on walls, windows, doors and skylights.

12. Maintain weekly schedule for thorough cleaning.

13. Leftover food items should be condemned

14. Scales will be thoroughly cleaned between the weighing of different goods. Containers used for the receipt, storage or distribution of goods will be kept scrupulously clean and dry.

15. Steps will be taken to ensure that cross-contamination does not occur during delivery, stock rotation and storage.

16. Correctly place and use refrigerators

17. Proper packing of food with packaging grade material.

18. Only potable water should be used for drinking, food preparation, drink dispensers and ice making. Where necessary water will be filtered and treated on-site to ensure all water for these uses is potable.

19. Food preparation equipment, food etc will not be stored under sinks.

20. Sinks will be cleaned thoroughly after every use.

21. Food preparation equipment and utensils should be cleaned immediately after use.

22. Cooking equipment and storage racks should be located so as to enable areas below and around to be easily cleaned.

23. Supply of first aid equipment should be available for use.

24. Emergency numbers should be displayed prominently.

25. All staff handling food will wear suitable clean protective clothing / uniform

26. Protective headgear will be worn to ensure hair and dandruff do not contaminate food or surfaces.

27. Annual medical examination of all staff has to be ensured and a fitness certificate issued.

28. Skin lesions, boils, rashes cuts and discharge from any site are hazardous and can contaminate food with food poisoning bacteria. Such staff members should be excused from food handling till cured.

29. Scrupulous personal cleanliness is essential to clean food handling and the highest standard must be achieved and maintained at all times by those responsible for food storage, preparation, cooking and service.

30. Food should be touched by hand only when there is no alternative-and hand cleanliness is the basic rule of hygiene.

31. Nails must be kept short and scrupulously clean and not bitten. Nail varnish is not permitted.

32. Skin cleanliness is essential. Therefore a daily bath or shower is recommended.

33. Feet should be covered with suitable footwear.

34. Food or drink should not be consumed whilst working in food handling areas.

35. Smoking at GMU is not permitted.

36. All staff must receive appropriate food and personal hygiene training to ensure that they are able to comply with the hygiene requirements

37. Pest control measures have to be adopted.

38. Use adequate number of bins for garbage collection.

39. Place bio-degradable bags in garbage bins for easy disposal and proper handling. These should be cleaned outside the production area. Avoid use of metallic dustbins, which become rusted over a period of time

40. All garbage bins must be labelled and cleaned and sanitized regularly. Garbage must be disposed off suitably at the designated location outside the station/maintenance area.

41. Regular in-house audit must be undertaken by a trained staff once-every week, and items recorded.

42. External audit will be undertaken periodically by an independent agency/Railway, and items recorded for compliance.

43. There should be no cooking on platforms however as per extant provisions restricted cooking may be permitted by Railway.

Annexure VI Affidavit

(to be submitted on non-judicial stamp paper of appropriate value)

1. I s/o r/o _ furnishing this affidavit in my capacity as an individual / partner of firm _ / Director of Body Corporate _ and solemnly affirm and state as under: -

2. that I/we hold as on date following catering licenses on Indian Railway:

Type of Unit	Date of Commencement of License	License Fees (in Rs.)	Date & Cash Receipt number of Last license fees paid
Mobile Units (Pantry/TSV)
Train No ……
Train No ……

Multi-Cuisine Food Plaza / Food Court/Fast Food Unit
Station …..
Station …..

Other Major Static Units like AVMs/Base Kitchen/RR, etc.
Station…
Station…

Minor static Units
Station….
Station….

Note: - The ceiling limit on holding of catering licenses shall be governed as per Para no. 19 of Catering Policy, 2010 or any amendments as issued from time to time. The ceiling limit will be complied with at the time of renewal also.

I-----------------------------s/o-------------------------r/o hereby, also declare that I am not a Government Employee or Railway servant or any other member of my family (as defined in rule 103 para17 of the Indian Railway Establishment code-Vol,1. I hereby declare that the above information is true. At any point of time, if the above information is found to be materially false, Railway Administration will be at full liberty to terminate the contract forthwith without any notice. In addition to this, railway Administration will also be at full liberty to recover damages arising due to such wrong Information. Decision of Railway Administration shall be final and binding on the licensee. The licensee will no claim over Railway whatsoever owing to such wrong information.

VERIFICATION:

Verified at on this day of 2011, that the contents of the above affidavit are true and correct to my knowledge, no part is false and nothing material has been concealed there from. I further declare that I am duly authorized to make this affidavit

DEPONENT

On behalf of

Annexure VII

Character and Antecedent Certificate

Certified that Shri/Smt./Xxxxxx- -son/wife/daughter of

who is known to me for the last years, possess good moral character and has no antecedents which should render

him/her unsuitable for Government employment.

Certified that Shri/Smt./Xxxxxx is not related to me.

(Signature)

Place:

Name in block letters -

- Designation and Seal-

Office Telephone No. -------------------------------------

IMPORTANT INSTRUCTIONS

1. Certificate should be issued by a Gazestted Officer of the Government of India or a Stat Government or Magistrate 1st Class. (Not below the rank of Tahsildar).

2. Signatory's designation be given in block letters.

3. Period for which the vouching office should have known the candidates should be at least one year.

4. The certificate should be of recent period. (Not more than two years old from date of notification)

END OF APPLICATION FORM -

Signature of the Applicant.

Annexure VIII

Documentation required in support of eligibility/desirable criteria

DOCUMENT REQUIRED IN SUPPORT OF ELIGIBILITY CRITERIA
A. Essential Qualifications
Sr. No.	Eligibility Criteria	Documents required
1a. 1b.	Literacy up to 10th Class OR Literacy 10th & above Class.	Study Certificate from Recognized School OR Pass certificate from relevant Board of Education/University.
2.	Good Moral Conduct.	Valid certificate issued by Gazestted Officer of Govt. of India of or a State Govt. or Magistrate 1st Class. (Not below the rank of Tahsildar) pertaining to area of residential address of the applicant and not more than two years old from the date of notification.
3.	Solvency (Document submitted should be issued in the previous or current financial year i.e. 2013- 2014 and 2014-2015).	Valid certificate issued by Scheduled/Nationalized Bank or Revenue Officer (Not below the rank of Tahsildar).
4.	Not Suffering from infectious diseases.	Valid Medical certificate from Government Doctor.
5a.	Reserved Categories. SC/ST/OBC/Minorities.	Caste/Community Certificate issued by i. District Magistrate/Additional district Magistrate/Collector/Deputy Commission/Additional deputy Commissioner/deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub- Divisional Magistrate/ Xxxxxx Xxxxxxxxxx/Executive Magistrate/Extra Assistant Commissioner. ii. (Not below the rank of 1st class Stipendiary Magistrate). iii. Magistrate/Additional Magistrate. iv. Revenue Officers not below the rank of Tahsildar. v. Sub-divisional Officer of the area where the candidate and/or his family normally reside (3). vi. Administrator /Secretary to Administrator/Development Officer (Lakshadweep).
5b.	Reserved Categories, War Widows.	Certificate issued by Ministry of defence/Concerned Ministry.
5c.	Widows of Railway Personal.	Certificate issued by Ministry of Railways or Concerned Department of Railways.
5d.	Freedom fighters.	Freedom Fighters Certificate issued by Govt. of India.
5e.	Physically Handicapped	(A) Physically Handicapped Certificate issued by CMO Office/Specialist Doctor of Government Hospital. (B) Disability Certificate issued by State Government/Government of India.
B. Desirable Qualifications.
1.	Previous Experience	Certificate/Letter of experience/registered organization/ incorporated companies/Govt. Municipal/Railway Catering unit (supported by necessary Shop Act & Food security certificate). Self declaration under taking in affidavit on non judicial stamp paper showing experience in catering business in case of applicant running catering service/hotel in private place on their own.
2.	Financial Standing	Documents pertaining to ownership of immovable property or certification from concerned Govt. agency of having ownership of immovable property along with registration value of the property if owned.
3.	Previous Track Record.	Certification/Letter from concerned railways/ Municipal /Govt. /of having conducted satisfactory/business with the applicant.

Signature of the Applicant

Annexure IX

Power of Attorney for signing of application

Know all men by these presents, We (name of the firm and address of the registered office) do

hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms (name), son/daughter/wife of

……………………………… and presently residing at , who is presently employed with us/ the Lead Member of our

Consortium and holding the position of , as our true and lawful attorney (hereinafter referred to as the

“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for the award of the license for “Provision of Catering Services at GMU no./name

……………….. at station ”,for which proposals are invited by Railway including but not limited to signing and

submission of all applications, application and other documents and writings, participate in allotment process and other conferences and providing information/ responses to Railway, representing us in all matters before Railway, signing and execution of all contracts including the License Agreement and undertakings consequent to acceptance of our application, and generally dealing with Railway in all matters in connection with or relating to or arising out of our application for the award of License to us and/or till the entering into of the License Agreement with Railway.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, , THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY

ON THIS ……… DAY OF …………. 20…..

For (Signature, name, designation and address)

Witnesses:

(Notarised) 2.

Accepted

…………………………… (Signature)

(Name, Title and Address of the Attorney)

Notes:

o The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

o Wherever required, the applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the applicant.

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