||Appendix -II|| Appendix -III ||Appendix -VI || Appendix -VII || LIST OF STANDARD STORES FORMS|| |
AUTHORITIES
EMPOWERED TO ENTER INTO CONTRACT (Para
410) XVIII.
In the case of the Ministry of Railways :— 1.
All instruments relating to purchase, hire or supply and conveyance of
materials, stores, sleepers including wooden sleepers and timber of all
description, machinery, plant, telephone lines and connection, coal and
all agreements for fire fighting and agreements relating to re-imbursement
of sales tax in respect of orders for the purchase of stores for the
Indian Railways : etc; by the Senior Deputy General Managers, Deputy
General-Managers, Assistant General Managers, Assistant Deputy General
Managers, Secretaries to General Managers, Engineers-in-Chief, Additional
Engineers -in-Chief, Chief Engineers, Deputy Chief Engineers, Regional
Engineers, Chief Operating Superintendents, Chief Commercial
Superintendents, Regional Traffic Superintendents, Divisional District
Commercial Superintendent, Divisional Superintendents, Superintendents,
Superintendents of Works, Executive Engineers, Divisional/District
Engineers, Chief Medical Officers, Personal Assistant to the Chief Medical
Officer, Station Executive Officers, Kharagpur Colliery Superintendents,
Chief Electoral Engineers, Superintendents Mechanical Workshop, Deputy
Chief Electrical Engineers, Deputy Chief Mechanical Engineers, Regional
Mechanical Engineers, Bridge Engineers, Chief Signal &
Telecommunication Engineers, Track Supply Officers, Controller of Stores,
Deputy Controller of Stores, Superintendent (Stores), District Controller
of Stores, Senior Stores Officers, Assistant Controller of Stores,
Controllers of Grain Shop, Superintendents Catering, Town Engineers,
Sleeper Control Officers, Chief Mining Adviser, Works Manager, Tata Nagar,
Works Manager, Engineering Workshops, Southern Railway at Arkonam, Chief
Administrative Officers, Secretary, Rates Tribunal, Chairman, Railway
Service Commission, Deputy Chief Signalling & Telecommunication
Engineers, Superintendents, Printing and Stationery, the Principal, Indian
Institute of Railways Signal & Engineering & Telecommunications,
the Principal, Indian Railways School of Advanced permanent way
Engineering, Director General, Deputy Director General, Directors,
Additional Directors, Joint Directors, Deputy Directors, Assistant
Directors, Assistant Controller of Stores, Town Engineer, Assistant
Engineer in the R.D.S.O., Director, Joint Director, Deputy Director and
Section Officer in the Purchase Section in the Railway Board. In the case
of Metropolitan Transport Projects (Railways), General Manager, Chief
Administrative Officer, Deputy General Manager, District Medical Officer,
Chief Engineer, Additional Chief Engineer, Chief Signal Telecom. Engineer,
Chief Electrical Engineer, Controller of Stores, Additional Controller of
Stores, Engineers-in-Chief, Deputy Chief Signal & Telecom. Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer, Executive
Engineer, Additional General Manager, Additional Chief Engineers, Chief
Track Engineers, Chief Bridge Engineers, Senior Divisional Engineers,
Additional Chief Operating Superintendents, Chief Safety Superintendents,
Senior Divisional Operating Superintendents, Senior Transportation
Officers, Deputy Chief Operating Superintendents, Senior Commercial
Officers, Senior Divisional Commercial Superintendents, Chief Marketing
Superintendents, Additional Chief Medical Officers, Medical
Superintendents, Additional Chief Electrical Engineers, Senior Divisional
Electrical Engineers, Senior Electrical Engineers, Divisional Railway
Managers, Additional Divisional Railway Managers, Chief Mechanical
Engineers, Chief Workshop Engineers, Additional Chief Mechanical
Engineers, Senior Mechanical Engineers, Senior Divisional Mechanical
Engineers, Chief Telecommunication Engineers, Additional Chief Signal
& Telecommunication Engineers, Senior Signal Telecommunication
Engineers, Senior Divisional Signal & Telecommunication Engineers,
Divisional Signal & Telecommunication Engineers, Chief Material
Managers, Additional Controller of Stores, Chief Administrative Officers,
Superintendent Printing & Stationery, Chief Passenger Transport
Superintendent, Chief Transport Planning Superintendent, Chief Freight
Transport Superintendent, Chief Planning & Design Engineers,
Additional Chief Engineer/Divisions, Chief Rolling Stock Engineer, Chief
Motive Power Engineer, Chief Electrical Services Engineer, Chief
Electrical Project Engineer, Chief Electrical Distribution Engineer. In
the case of the Wheel and Axle Project, Bangalore, Officer on Special Duty
(Project) Chief Project Officer, Controller of Stores, Additional
Controller of Stores, Deputy Chief Engineer, Deputy Chief Mechanical
Engineer, Deputy Chief Electrical Engineer, Senior Stores Officer,
District Controller of Stores, Assistant Controller of Stores, Assistant
Stores Officer and Executive Engineer. 2.
All instruments relating to the execution of works of all kinds
connected with railways, open or under construction; by General Managers,
Senior Deputy General Managers, Deputy General Managers, Assistant General
Managers, Assistant Deputy General Managers, Secretaries to General
Managers, Engineers-in-Chief, Additional Engineers-in-Chief,
Engineer-in-charge (Construction), Chief Engineers, Additional Chief
Engineers, Senior Divisional Engineers, Deputy Chief Engineers, Regional
Engineers, Regional Superintendents, Chief Commercial Superintendents,
Deputy Chief Commercial Superintendents, District Divisional Commercial
Superintendents, Division Superintendents, Superintendents of Works,
Executive Engineers, Divisional/District Engineers, Assistant Engineer,
Colliery Superintendents, Chief Electrical Engineers, Divisional
Superintending Engineers, Deputy Chief Electrical Engineer, Chief
Mechanical Engineers, Superintendent (Mechanical Workshop), Deputy Chief
Mechanical Engineers, District Divisional Mechanical Engineers, Regional
Mechanical Engineers, Bridge Engineers, Chief Signal &
Telecommunication Engineers, Deputy Signal And Telecommunication
Engineers, Track Supply Officers, Controller of Stores, Deputy Controller
of Stores, Superintendent (Stores), District Controller of Stores, Senior
Stores Officer, Town Engineers, Chief Mining Engineer with the Railways
Board, Works Managers Tata Nagar, Chief Administrative Officer, Deputy
General Manager, Director General, Deputy Directior General, Directors,
Additional Directors, Joint Directors, Deputy Directors, Assistant
Directors, Assistant Controller of Stores, Town Engineer and Assistant
Engineer in the R.D.S.O. In the case of Metropolitan Transport Projects
(Railways), General Manager, Chief Administrative Officer, Deputy General
Manager, District Medical Officer, Chief Engineer, Additional Chief
Engineers, Chief Signal Telecom. Engineer, Chief Electrical Engineer,
Controller of Stores, Additional Controller of Stores, Engineers-in-Chief,
Deputy Chief Signal and. Telecom. Engineer, Deputy Chief Electrical
Engineer, Deputy Chief Engineer, Executive Engineers, Additional General
Managers, Divisional Railway Managers, Additional Divisional Railway
Managers, Chief Track Engineers, Chief Bridge Engineers, Additional Chief
Engineers, Additional Chief Commercial Superintendents, Senior Commercial
Officer, Senior Divisional Commercial Superintendents, Senior Divisional
Engineers, Additional Chief Electrical Engineers, Additional Chief
Mechanical Engineers, Chief Workshop Engineers, Senior Mechanical
Engineers, Senior Divisional Mechanical Engineers, Chief Telecommunication
Engineers, Additional Chief Signal & Telecommunication Engineers,
Deputy Chief Signal & Telecommunication Engineers, Senior Divisional
Signal & Telecommunication Engineers, Chief Material Managers,
Additional Controller of Stores, Chief Administrative Officers, COFMOW,
Chief Planning & Design Engineer, Additional Chief Engineer/Divisions,
Chief Rolling Stock Engineer, Chief Motive Power Engineer, Chief
Electrical Services Engineer, Chief Electrical Project Engineer, Chief
Electrical Distribution Engineer. In the case of the Wheel and Axle
Project, Bangalore, Officer on Special Duty (Project), Chief Project
Officer, Controller of Stores, Additional Controller of Stores, Deputy
Chief Engineer, Deputy Chief Mechanical Engineer, Deputy Chief Electrical
Engineer, Senior Stores Officer, District Controller of Stores, Assistants
Controller of Stores, Assistants Stores Officer and Executive Engineer. 3.
Security Bonds for the due performance and completion of works and
general indemnity notes, indemnity bonds and guarantee bonds of all kinds
other than mentioned above, by General Managers, Senior Deputy General
Managers, Deputy General Managers, Secretaries to General Managers,
Engineers-in -Chief, Additional Engineers-in-Chief, Chief Engineers,
Deputy Chief Engineers, Regional Engineers, Chief Commercial
Superintendents, Deputy Chief Commercial Superintendents, Regional Traffic
Superintendents, District/Divisional Commercial Superintendents,
Superintendents of Works, Executive Engineers, Divisional/District
Engineers, Colliery Superintendents, Chief Electrical Engineers,
Superintendents Mechanical (Workshop), Deputy Chief Electrical Engineers,
Chief Mechanical Engineers, Regional Mechanical Engineers,
District/Divisional Mechanical Engineers, Works Managers, Bridge
Engineers, Chief Signal And Telecommunication Engineers, Track Supply
Officers, Controllers of Stores, Deputy Controllers of Stores, Senior
Stores Officers, Superintendents (Stores),
District Controllers of Stores, Senior Stores Officer or Town
Engineers or the Chief Mining Engineer with the Railway Board or the
Chief Administrative Officers, Deputy General Managers, Deputy Chief
Signalling and Telecommunication Engineer, Senior Accounts Officers,
Junior Accounts Officers or Assistant Accounts Officers, Director General,
Deputy Director General, Directors,
Additional Directors, Joint Directors, Deputy Director of Assistant
Directors of Assistant Controller of Stores, Town Engineer of Assistant
Engineer in the R.D.S.O. In the case of Metropolitan Transport Projects
(Railways), General Manager, Chief Administrative Officer, Deputy, General
Manager, District Medical Officer, Chief Engineer, Additional Chief
Engineer, Chief Signal Telecom. 'Engineer, Chief Electrical Engineer,
Controller of Stores, Additional Controller of Stores, Engineers-in-Chief,
Deputy Chief Signal & Telecom. Engineer, Deputy Chief Electrical
Engineer, Deputy Chief Engineer, Executive Engineer, Additional General
Managers, Divisional Railway Managers, Additional Divisional Railway
Managers, Additional Chief Engineers, Chief Track Engineers, Chief Bridge
Engineers, Senior Divisional Engineers, Additional Chief Commercial
Superintendents, Chief Claim Officers, Senior Commercial Officers, Senior
Divisional Commercial Superintendents, Senior Divisional Electrical
Engineers, Additional Chief Electrical Engineers, Chief Workshop
Engineers, Additional Chief Mechanical Engineers, Senior Divisional
Mechanical Engineers, Senior Mechanical Engineers, Chief Telecommunication
Engineers, Additional Chief Signal & Telecommunication Engineers,
Chief Material Managers, Additional Controller of Stores ,Chief
Administrative Officer, COFMO, Chief Planning & Design Engineer,
Additional Chief Engineer/Divisions, Chief Rolling Stock Engineer, Chief
Motive Power Engineer, Chief Electrical Services Engineers, Chief
Electrical Project Engineers, Chief Electrical Distribution Engineer. In
the case of the Wheel and Axle Project, Banglore, Officer on Special Duty
(Project), Chief Project Officer, Controller of Stores, Additional
Controller of Stores, Deputy Chief Engineer, Deputy Chief Mechanical
Engineer, Deputy Chief Electrical Engineer, Senior Officer, District Controller of Stores, Assistant Controller of Stores, Assistant Stores
Officer and Executive Engineer. 4.
Instruments relating to contracts for the transport of passengers, goods
and coaching traffic by transport agents, for the sale of tickets by
tourists or other agents authorised by Railways, or for working ferries
and ferry stemers in connection with the working of Railway and/or for the
amenities of the Railways staff and for supply of labour other than labour
required in connection with conservancy services and for reservation of
accommodation in Railways Hotels by recognised tourist travel agents
and/or contracts connected with the loading and unloading, stacking and
delivery of goods and parcels and of Railway Stores and material including
loco coal or for other matters necessary for or incidental to Railway
working, by General Managers, Senior Deputy General Managers, Deputy
General Managers, Chief Security Officers, Chief Engineers,
Engineer-in-Chief, Dy. Chief Engineers, Regional Engineers, Bridge
Engineers, Chief Signal and Telecommunication Engineers, Chief Operating
Superintendents Deputy Chief Operating Superintendents, Chief Commercial
Superintendents, Deputy Chief Commercial Superintendents, Marketing and
Sales Superintendent, Regional Traffic Superintendents,
Divisional/District Commercial and Traffic Superintendents, Chief
Mechanical Engineers, Deputy Chief Mechanical Engineers,
District/Divisional Mechanical Engineers, Chief Electrical Engineers, Deputy
Chief Electrical Engineers, Track Supply Officers, Controller of
Stores, Additional Controller of Stores, Deputy Controller of Stores,
Superintendent (Stores), District Controllers of Stores, Colliery
Superintendents, Divisional Operating Superintendents, Regional/Divisional
Superintendents, Town Engineers, the Chief Mining Engineer with the
Railway Board, the Chief Administrative Officers, Divisional Engineer or
the Superintendent Catering, Additional General Managers, Divisional
Railway Managers, Additional Divisional Railway Managers, Chief Track
Engineers, Chief Bridge Engineers, Additional Chief Engineers, Senior
Divisional Engineers, Chief Telecommunication Engineers, Additional Chief
Signal & Telecommunication Engineer, Additional Chief Operating
Superintendents, Additional Chief Commercial Superintendents, Traffic
Superintendents, Senior Commercial Officers, Chief Workshop Engineers,
Additional Chief Mechanical Engineers, Senior Divisional Mechanical
Engineers, Additional Chief Electrical Engineers, Senior Divisional
Electrical Engineers, Chief Material Managers, Senior Stores Officers,
Chief Administrative Officers, COFMOW, Chief Planning & Design
Engineer, Additional Chief Engineer/Divisions, Chief Rolling Stock
Engineers, Chief Motive Power Engineers, Chief Electrical Services
Engineers, Chief Electrical Project Engineers, Chief Electrical
Distribution Engineers. In the case of the Wheel and Axle Project,
Bangalore, Officer on Special Duty (Project), Chief Project Officer,
Controller of Stores, Additional Controller of Stores, Deputy Chief
Engineer, Deputy Chief Mechanical Engineer, Deputy Chief Electrical
Engineer, Senior Stores Officer, District Controller of Stores, Assistant
Controller of Stores, Assistant Stores Officer and Executive Engineer. 5.
Instruments connected with the collection of farming of tools at bridges
or ferries or other means of communication provided by the Railway; by
General Managers, Senior Deputy General Managers, Deputy General Managers,
Assistant General Managers, Engineer-in-Chief, Chief Engineers, Regional
Engineers, Bridge Engineers, Chief Signal and Telecommunication Engineers,
Chief Commercial Superintendents, Deputy Chief Commercial Superintendents.
Divisional/District Commercial Superintendents, Divisional/District
Commercial Superintendents, Regional Traffic Superintendents, Divisional
Superintendents, Superintendents of Works, Executive Engineers, Colliery
Superintendents, District Engineers or Divisional Engineers of Indian
Railway and Chief Administrative Officers, Additional General Manager,
Divisional Railway Managers, Additional Divisional Railway Managers, Chief
Track Engineers, Chief Bridge Engineers, Additional Chief Engineers,
Senior Divisional Engineers, Chief Telecommunication Engineers, Additional
Chief Signal and Telecommunication Engineers, Additional Chief Mechanical
Engineers, Additional Chief Commercial Superintendents, Senior Divisional
Commercial Superintendents, Senior Commercial Officers, Chief Planning
& Design Engineers, Additional Chief Engineers/Divisions. 6.
Leases of license of house, land and other immovable property, vehicle
stand and coin operated weighing machines in stations provided that the
rent or license fees reserved does not exceed its, 5,000 a month (leases
of small branch lines of Railways are excluded from this item); by General
Managers, Senior Deputy General Managers, Deputy General Managers,
Assistant General Managers, Traffic Superintendents, Deputy Chief
Commercial Superintendents, Divisional/District Commercial
Superintendents, Chief Operating Superintendents, Divisional
Superintendents, District Traffic Superintendents, Superintendents of
Works, Superintendents of Way and Works, Executive Engineers, Divisional Engineers, District Engineers, Colliery Superintendents, Coal Manager,
Eastern Railway, Chief Mechanical Engineers, Deputy Chief Mechanical
Engineers or Town Engineers of Indian Railways, The chief Mining Engineer
with railway Board, The President Colony Committee, Golden Rock the
station Executive Officer, Kharagpur, The Chief Administrative Officers,
Secretary, Railway Superintendents Kanpur Area, Director General, Deputy
Director General, Directors, Additional Directors, Joint Directors,
Assistant Directors Oscillograph Car Officers, Dynamometer Car Officers,
Town Engineer and assistant Engineers in the R.D.S.O. In the case of the
Wheel and Axle Project, Bangalore, Officer on Special Duty (Project),
Chief Project Officer, Controller of Stores, Additional Controller of
Stores, Deputy Chief Engineer, Deputy Chief Mechanical Engineer, Deputy
Chief Electrical Engineer, Senior Stores Officer, District controller of
Stores, Assistant Controller or Stores, Assistant Stores Officer and
Executive Engineer, Additional General Managers, Divisional
Railway-Managers, Additional Divisional Railway managers. Additional Chief
Engineers, Senior Divisional Engineers, Additional Chief Commercial
Superintendents, Senior Divisional Commercial Superintendents, Senior
Commercial Officers, Additional Chief Operating Superintendents,
Additional Chief Mechanical Engineers, Additional Chief Personnel
Officers, Chief Public Relation Officer, Chief Transport Planning
Superintendents, Chief Passenger Transport Superintendents, Chief Freight
Transport Superintendents, In the Case of the Wheel and Axle Project,
Bangalore, Officer on Special Duty (Project), Chief Project Officer,
Controller of Stores, Additional Controller of Stores, Deputy Chief
Engineer, Deputy Chief Mechanical Engineer, Deputy Chief Electrical
Engineer, Senior Stores Officer, District Controller of Stores, Assistant
Controller of Stores, Assistant Stores Officer and Executive Engineer. 7.
Agreements or leases or licences with outsiders for grazing cattle
for the sale of grass, trees or other products on Railway land, for
fishing in railway tanks, for cultivation of water-nuts or for irrigation
and instruments relating to the sale of grass, trees, or other products on
Railway land ; by General Managers, Senior Deputy General Managers, Deputy
General Managers, Secretaries to General Managers, Engineer-in-Chief,
Chief Engineer, Additional Chief Engineers, Senior Divisional Engineers,
Deputy Chief Engineers, Regional Engineers, District Engineers, Chief
Commercial Superintendents, Divisional/District Commercial
Superintendents, Regional Traffic Superintendents, Divisional
Superintendents, Superintendents of Works, Superintendents of Way and
Works, Executive Engineers, Deputy Chief Mechanical Engineers, Colliery
Superintendents, Coal Managers, Eastern Railway, Divisional Engineers,
Divisional Superintending Engineers, Town Engineers of Indian Railways,
Chief Mining Engineers, with the Railway Board, Station Executive
Officers, Kharagpur, Secretary Rates Tribunal, Principal, the Institute of
Railway Signal Engineering and Telecommunication, Director General, Deputy
Director General, Directors, Additional Directors, Joint Directors, Deputy
Directors, Assistant Directors, Town Engineer, and Assistant Engineer in
the R.D.S.O. or Chief Administrative Officer, Additional General Managers,
Divisional Railway Managers, Additional Divisional Railway Managers,
Additional Chief Commercial Superintendents, Senior Divisional Commercial
Superintendents, Additional Chief Mechanical Engineers, Additional Chief
Engineers, Chief Administrative Officer, COFMOW. 8.
Agreements or
leases or licences with outsider for erecting telegraph or telephone posts
on railway land, for laying pipe lines or for building wharves, or for
crossing railway land and track by means of aerial rope way or over head
transmission lines or under ground cables , or for stocking stones,
coal, firewood, etc. on railway land or for erecting bulk oil depots etc.
in connection with the working of traffic carried on Railway; by General
Managers, Senior Deputy General Managers, Deputy General Managers,
Assistant General Managers, Assistant Deputy General Managers, Secretaries
to General Managers, Engineers-in-Chief Additional Engineers-in-Chief,
Chief Engineers, Additional Chief Engineers, Senior Divisional Engineer,
Deputy Chief Engineers, Regional Engineers, Deputy Chief Commercial
Superintendents, Divisional/District Commercial Superintendents, Chief
Operating Superintendent, Goods Superintendent, Divisional Traffic
Superintendents, Divisional Superintendents, District Traffic
Superintendents, Deputy Chief Mechanical Engineers, Superintendents of
Works, Executive Engineers, Colliery Superintendents, Divisional
Engineers, District Engineers, Divisional Superintendening Engineers, Town
Engineers, of Indian Railways, the Chief Administrative Officers, Chief
Electrical Engineers, Deputy Chief Electrical Engineers, Divisional
Electrical Engineers, Director General, Deputy Director General,
Directors, Joint Directors, Deputy Director in the R.D.S.O:, Additional
General Managers, Divisional Railway Managers, Additional Divisional
Railway Managers, Senior Divisional Commercial Superintendents, Additional
Chief Mechanical Engineers, Chief Telecommunication Engineers, Chief
Bridge Engineers, Chief Track Engineers, Additional Chief Engineers/
Divisions, Chief Administrative Officer, COFMOW, Chief Transport Planning
Superintendents, Chief Planning Design Engineers, Chief Electrical
Services Engineer, Chief Electrical Project Engineer, Chief Electrical
Distribution Engineer. 9.
Contracts connected with the sale of scrap, ashes, coal dust,
empty, containers and stores, by the General Managers, Senior Deputy
General Managers, Deputy General Managers, Engineers-in-Chief, Chief
Engineers, Deputy Chief Engineers, Regional Engineers, Chief Electrical
Engineers, Deputy Chief Electrical Engineers, Bridge Engineers, Chief
Signal and Telecommunications Engineers, Chief Operating Superintendents,
Regional Traffic Superintendents, Chief Mechanical Engineers,
Superintendent Mechanical Workshop, Deputy Chief Mechanical Engineers,
Regional Mechanical Engineers, Divisional Superintendents,
Divisional/District Engineers, Controllers of Stores, Senior Store
Officer, Deputy Controllers of Stores, Superintendents (Stores), District
Controllers of Stores, Assistant Controller of Stores, Assistant Stores
Officers of Town Engineers of Indian Railways, the Chief Mining Engineers,
with the Railway Board, the Chief Administrative Officers, Deputy General
Manager, the Principal, -the Institute of Railway Signal Engineering and
Telecommunication, Superintendent Catering, Divisional Mechanical
Engineer, Divisional Signal and Telecommunication Engineer, Divisional
Electrical Engineer, in charge of Workshops and Principal, advanced
permanent Way Training School, Poona and Director General, Deputy Director
General, Directors, Joint Directors, Deputy Directors, Assistant
Directors, Assistant Controller of Stores, Town Engineer and Assistant
Engineer in the R.D.S.O., Director, Joint Director and Deputy Director in
the Railway Board. In the case of Metropolitan Transport Projects (Railways),
General Manager, Chief Administrative Officer, Deputy General Manager,
District Medical Officer, Chief Engineer, Additional Chief Engineer, Chief
Signal Telecom. Engineer, Chief Electrical Engineer, Controller of Stores,
Additional Controllers of Stores, Engineers-in-Chief, Deputy Chief Signal
& Telecom. Engineer, Deputy Chief Electric Engineer, Deputy Chief
Engineer, Executive Engineer, Additional General Managers, Chief Track
Engineers, Chief Bridge Engineer, Additional Chief Engineers, Senior
Divisional Engineers, Additional Chief Electrical Engineers, Chief
Telecommunication Engineers, Additional Chief Signal &
Telecommunication Engineers Chief Workshop Engineers, Works Managers,
Additional Chief Mechanical Engineers, Production Engineers, Divisional
Railway Managers, Additional Divisional Railway Managers, Chief Material
Managers, Additional Controller of Stores, Senior Divisional Signal &
Telecommunication Engineers, Chief Administrative Officer, COFMOW, Chief
Rolling Stock Engineer, Chief Motive Power Engineer, Chief Elect. Services
Engineer, Chief Elect. Distribution Engineer. In the case of the Wheel and
Axle Project, Bangalore, Officer on Special Duty (Project), Chief Project
Officer, Controller of Stores, Additional Controller of Stores, Deputy
Chief Engineer, Deputy Chief Mechanical Engineer, Deputy Chief Electrical
Engineer, Senior Stores Officer, District Controller of Stores, Assistant
Controller of Stores, Assistant Stores Officer and Executive Engineer. 10.
(a) Agreements
including Running Power Agreements for the interchange of traffic with
Railways other than Indian Railways ; and (b)
Agreements with Private or guaranteed Railway Companies Tramway Companies
and other carrying Companies; by General Managers, Divisional
Superintendents, or Regional Engineers of Indian Railways, Additional
General Managers, Divisional Railways Managers, Additional Divisional
Railway Managers, Senior Divisional Engineers, Additional Mechanical
Engineers. 11.
Agreements with Convenanted Inspectors, Engine-Drivers, Foremen and
other mechanics on the expiry of the terms of their original convenants;
by General Managers, Senior Deputy General Managers, Deputy General
Managers, Chief Operating Superintendents, Regional Traffic
Superintendents, Chief Engineers, Chief Mechanical Engineers, Deputy Chief
Mechanical Engineers, Deputy Chief Engineers, Regional Engineers, Bridge
Superintendents Mechanical Workshops,
Divisional Superintendents or District/Divisional Electrical Engineers of
Indian Railways or the Chief Administrative Officers, Chief Personnel
Officer, Deputy Chief Personnel Officer, Senior Personnel Officer,
Director General, Deputy Director General, Directors, Joint Directors,
Deputy Directors, R.D.S.O., Additional General Managers, Additional Chief
Operating Superintendents, Senior Divisional Operating Superintendents, Additional
Chief Engineers, Additional Chief Mechanical Engineers, Senior
Divisional Engineers, Senior Divisional Electrical Engineers, Divisional
Railway Managers, Additional Divisional Railway Managers, Chief Track
Engineers, Chief Workshop Engineers Chief Administrative Officer, COFMOW,
Chief Rolling Stock Engineers, Chief Motive Power Engineers, Chief Elect.
Services Engineers, Chief Elect. Project Engineers, Chief Elect.
Distribution Engineers. 12.
Agreements with monthly pensionable and non-pensionable subordinate
employees on Indian Railways defining the terms and conditions of service
to be entered on Indian Railways defining the terms and conditions of
service to be entered into an entering the service of Government including
agreements for apprentice drivers and other apprentices in the subordinate
service; by General Managers, Senior Deputy General Managers, Deputy
General Managers, Assistant General Managers, Assistant Deputy General
Managers, Secretaries to General Managers, Engineers-in-Chief, Additional
Engineers-in-Chief, Chief Engineer, Additional Chief Engineer, Divisional
Superintendents, Superintendents Watch and Ward Department, Chief Security
Officers, Security Officers, Assisstant Security Officers, Superintendents
of Works, Executive Engineers, District/Divisional Signal and
Telecommunication Engineers, Divisional Engineers, Divisional
Superintending Engineers, Works Managers, Assistant Works Managers,
Signals, Deputy Chief Engineers, Regional Engineers, Chief Operating
Superintendents, Regional Traffic Superintendents, District Traffic
Superintendents, Assistant Traffic Superintendents. Chief Commercial
Superintendents, Deputy Chief Commercial Superintendents, District
Commercial Superintendents, Assistant Commercial Superintendents, Chief
Mechanical Engineers, Deputy Chief Mechanical Engineers, Regional
Mechanical Engineers, Chief Electrical Engineers, Chief Signal and
Telecommunication Engineers, District Electrical Engineers, Assistant
Electrical Engineers, Printing Superintendents, Assistant Printing
Superintendent, Controllers of Stores, Deputy Controller of Stores,
Assistant Controller of Stores Superintendent (Stores), District
Controller of Stores, Senior Stores Officers, Track Supply Officers,
Colliery Superintendents, Coal Manager, Adra Divisional Personnel
Officers, Assistant Personnel Officers, Superintendents, Staff Bridges
Engineers, Financial Adviser and Chief Accounts Officer, Deputy Chief
Accounts Officer, Divisional Accounts Officers, Workshop Accounts
Officers, Workshops Personnel Officers, Stores Accounts Officers or
Statistical Officers, Divisional District Personnel Officers, District
Engineers, Divisional Superintending Engineers, Senior Divisional
Engineers, Assistant Engineers, District Mechanical Engineers, Divisional
Mechanical Engineers, Assistant Mechanical Engineers, Chief Medical
Officers, District/Divisional Medical Officers, Assistant Medical
Officers, Divisional Operating Superintendents, Assistant Operating
Superintendents, Assistant Signal and Telecommunication Engineers, Assistant
Controllers of Stores Officers, Asstt. Stores Officers, Senior Accounts
Officer, Junior Accounts Officers or Assistant Accounts Officers of Indian
Railways, Marine Superintendents, Mandapam or the Chief Administrative
Officers or President, Station Committees, or Station Executive Officer,
Kharagpur or Controlling Officers of Railway Schools, or
Chairman/Secretary, Railway Service Commission or Principal, Railway Staff
College, Baroda of the Secretary, Railway Rates Tribunal, Chief Personnel
Officer, Deputy Chief Personnel Officer, Senior Personnel Officer,
Principals, Institute of Railway Signal Engineering and
Telecommunications, and the Chief Cashier, Deputy Chief Engineer, Deputy
Chief Electrical Engineer, Deputy Financial Adviser, Deputy Chief
Signalling and Telecommunication Engineer, Power House Superintendent,
Thakurli, and Maintenance Engineer, Power House Takuli,
Principal/Superintendents of Training School; Principal Institute of
Advances Track Technology, Additional General Manager, Divisional Railway
Managers, Additional Divisional Railway Managers, Deputy Chief Security
Officers, Senior Divisional Signal & Telecommunication Engineer,
Senior Signal & Telecommunication Engineers, Additional Chief
Operating Superintendents, Chief Safety Superintendents. 13.
(a) All service
agreements with Gazetted Officers; by General Managers or Chief
Administrative Officers of the Indian Railway/Railway Administrations. (b)
All Services agreements with non-gazetted officers; by the Chief Mining
Engineer with the Railway Board, Senior Divisional Operating
Superintendents, Senior Divisional Commercial Superintendents, Senior
Divisional Electrical Engineers, Additional Chief Commercial
Superintendents, Chief Claims Officers, Chief Marketing Superintendents,
Senior Commercial Officers, Senior Mechanical Engineers, Senior Electrical
Engineers, Chief Track Engineers, Chief Bridge Engineers, Additional Chief
Engineers, Chief Workshop Engineers, Additional Chief Mechanical Engineers,
Chief Telecommunication Engineers, Additional Chief Signal &
Telecommunication Engineers, Additional Chief Electrical Engineers, Senior
Divisional Mechanical Engineers, Production Engineers, Chief Material
Managers, Additional Controller of Stores, Senior Divisional Personnel
Officers, Additional Chief Personnel Officer, Additional Chief Medical
Officers, Senior Divisional Accounts Officers, Additional Financial
Adviser & Chief Accounts Officers, Chief Administrative Officer,
COFMOW, Chief Rolling Stock Engineers, Chief Motive Power Engineers, Chief
Elect. Services Engineers, Chief Electrical Project Engineers, Chief
Electrical Distribution Engineers. 14. Service Agreements of students Engineers and Overseer and apprentice of all other types other than special class apprentices; by Chief Engineers, Deputy Chief Engineers of Indian Railways, Chief Mechanical Engineer, Deputy Chief Mechanical Engineer, Divisional Mechanical Engineer, or the Chief Administrative Officer, Senior Personnel Officer, Deputy Chief Personnel Officer, Additional Chief Engineers, Chief Track Engineers, Chief Bridge Engineers, Chief Telecommunication Engineer, Additional Signal and Telecommunication Engineer Chief Electric Engineers, Additional Chief Mechanical Engineers, Senior Divisional Mechanical Engineers, Additional Chief Personnel Officers, Chief Administrative Officer, COFMOW, Chief Planning & Selection Engineer, Chief Rolling S tock Engineer, Chief Motive Power Engineer, Chief Elect. Services Engineer, Chief Elect. Project Engineer, Chief Elect. Distribution Engineer, Additional General Managers, Divisional Railway Managers, Additional Divisional Railway Managers, Senior Divisional Mechanical Engineers, Senior Divisional Commercial Engineers Additional Chief Operating Superintendents, Additional Chief Personnel Officer, Chief Track Engineers. 15.
Security bonds and Fidelity Guarantee Policies for the due
performance of their duties by Government servant whom the officers
specified below have powers to appoint; by General Managers, Senior Deputy
General Managers, Deputy General Managers, Assistant General Managers,
Assistant Deputy General Managers, Secretaries or Assistant Secretaries to
General Managers, Engineer-in-Chief, Additional Engineer-m-Chief, Chief
Engineers, Additional
Chief Engineer , Regional Engineers, Divisional Superintendents,
Superintendent, Watch and Ward Department, Chief Security Officers,
Railway Protection Force, Superintendent of Works, Executive Engineers,
Division/District Engineers, Divisional Superintending engineers, Senior
Divisional Engineers, Deputy Chief Mechanical Engineers, Divisional
Mechanical Engineers, Regional Mechanical Engineers, Works Managers,
Bridge Engineers, Chief Operating Superintendents, Regional Traffic
Superintendents, Divisional/District Commercial Superintendent, Chief
Mechanical Engineer, Chief Electrical Engineers, Chief Signal and
Telecommunications Engineers, Colliery Superintendents, Financial Adviser
and Chief Accounts Officers, or Deputy Financial Advisers and Chief
Accounts Officers, Chittaranjan Locomotive Works, Chittaranjan, Controller
of Stores, Deputy Controller of Stores, Additional Controller of Stores,
Superintendents Stores or District Controllers of Stores of Indian Railway
or the Chief Mining Engineer with the Railway Board or the Chief
Administrative Officer, Integral Coach Factory, Permambur, (Madras) or D.
B. K., Projects, The Principal ,. The Institute of Railway Signal
Engineering and Telecommunication, The Principal, Advance Permanent Way
Training School, Chief Personnel Officers, Senior Personal Officer, Chief
Cashiers, Deputy Chief commercial Superintendents, Director General,
Deputy Director, Assistant Directors or Town Engineer in the R.D.S.O.,
Power House Superintendent, Thakurli and maintenance Engineers, Power
House, Thakurli, Additional Chief Engineers, Chief Bridge Engineers,
Additional Chief Mechanical Engineers, Additional Chief Electrical Engineers,
Additional Chief Signal and Tele-Communication Engineers, Additional
Financial Adviser & Chief Accounts Officer, Chief Workshop Engineers,
Chief Tele-Communication Engineer, Chief Administrative Officer, COFMOW,
Chief Planning & Design Engineers, Chief Rolling Stock Engineers,
Chief Motive Power Engineers, Chief Electric Service Engineers, Chief
Elec. Project Engineers, Chief Elect. Distribution Engineers, "In
the Case of the Wheel and Axle Project, Bangalore, Officer on special Duty
(Project), Chief Project Officer, Controller of Stores, Additional
Controller of Stores, Deputy Chief Engineer, Deputy Chief Mechanical
Engineer, Deputy Chief Electrical Engineer, Senior Stores Officers,
District Controller of Stores, Assistant Controller of Stores, Assistant
Stores Officer and Executive Engineer." 16.
Instruments relating to advances for the purchase of motor cars or
advance from the State Railway Provident Fund for the purpose of
purchasing or building a house and instruments relating to loans and
grants to Co-operatives Societies; by General Managers, Senior Dy. General
Managers Dy. General Managers. Secretaries to General Managers, Engineers-in-Chief,
Chief Engineers, Additional Chief Engineers, Regional Traffic
Superintendents, Chief Operating Superintendents, Chief Commercial
Superintendents, Chief Mechanical Engineers, Deputy Mechanical Engineers,
Regional Mechanical Engineers, Chief Electrical Engineers, Deputy Chief Engineers,
Regional Engineers, Bridge Engineers, Divisional/District Engineers,
Divisional Superintendents Engineers, Senior Divisional Engineers,
Additional Controller of Stores, Controller of Stores, Deputy Controller
of Stores, Additional Controller of Stores, Superintendents, Chief
Security Officers, Railway Protection Force, or Financial Adviser and
Chief Accounts Officer of Indian Railways or the Chief Mining Engineer
with the Railways Board or the Chief Administrative Officer, Integral
Coach Factory, Perambur (Madras) or D.B.K. Projects), Chief Personal
Officer Senior Personnel Officer Deputy Chief Electrical Engineer, the
Principal, Staff College, Baroda, Secretary, Railway Rates Tribunal, The
Director General, Deputy Director General, Directors, Joint Directors,
Deputy Directors, Assistant Directors, or Town Engineer and the
Establishment Office in R.D.S.O. or the Principals, The Institute of
Railway Signal Engineering and Telecommunications and Advance permanent
way Training School, Secunderabad. In the case of metropolitan Transport
Projects (Railways), General Manager, Chief Administrative Officer
Deputy General Manager, District Medical Officer, Chief Engineer,
Additional Chief Engineer, Chief Signal Telecom. Engineer, Chief
Electrical Engineer, Controller of Stores, Additional Controller of
Stores, Engineers-in Chief, Deputy Chief Signal & Telecom. Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer, Executive
Engineer, Additional General Managers, Additional Chief Operating
Superintendents, Additional Chief Personnel Officers, Additional Chief
Commercial Superintendents, Additional Chief Mechanical Engineers, Chief
Claims Officers, Chief Marketing Superintendents, Chief Safety
Superintendents, Chief Workshop Engineers, Chief Track Engineers, Chief
Bridge Engineers, Additional Chief Engineers, Additional Chief Electrical
Engineers, Senior Divisional Commercial Superintendents, Divisional
Railway Managers, Additional Divisional Railway Managers, Senior
Divisional Operating Superintendents, Additional Financial Adviser &
Chief Accounts Officers, Chief Signal & Telecommunication Engineers,
Chief Telecommunication Engineers, Additional Chief Signal & Telecommunication
Engineers, Chief Material Managers, Chief Administrative Officer, COFMOW,
Chief Rolling Stock Engineers, Chief Planning & Design Engineers,
Chief Motive Power Engineers, Chief Elect. Service Engineers, Chief Elect.
Project Engineers, Chief Elect. Distribution Engineers, "In
the case of the Wheel and Axle Project, Bangalore, Officer on Special Duty
(Project), Chief Project Officer, Controller of Stores, Additional
Controller of Stores, Deputy Chief Engineer, Deputy Chief Mechanical
Engineer, Deputy Chief Electrical Engineer, Senior Stores Officer,
District Controller of Stores, Assistant Controller of Stores, Assistant
Stores Officer and Executive Engineer,". 17.
All instruments connected with the re conveyance of property given
as security; by General Managers, Senior Deputy General Managers, Deputy
General Managers, Assistant General Managers, Assistant Deputy General
Managers, Sectaries to General Managers, Engineers-in-Chief, Chief
Engineers, Additional Engineer. Bridge Engineers, Chief Signal and
Telecommunication Engineers, Chief Operating Superintendents, Chief
Mechanical Engineers, Deputy Chief Mechanical Engineers, Chief Electrical
Engineers, Controller of Stores, Deputy Controller of Stores,
Superintendent (Stores), Senior Stores Officers, Financial Advisers and
Chief Accounts Officers, Deputy Chief Accounts Officers, Chief Commercial
Superintendents, Deputy Chief Commercial Superintendents,
Divisional/District Commercial Superintendents. Regional Traffic
Superintendents Divisional Superintendents, Chief Security Officers,
Railway Protection Force, Superintendents, Watch & Ward Department;
Superintendents of Works, Executive Engineers, Colliery Superintendents or
Divisional District Engineers, Divisional Superintendent, Engineers,
Senior Divisional Engineers of Indian Railways or the Chief Mining
Engineer with the Railway Board or the Chief Administrative Officers (Integral
Coach Factory, Perambur, Madras, D. B .K. Projects) Deputy Chief Personnel
Officer, Financial Adviser and Chief Accounts Officer, Deputy Financial
Adviser and Chief Accounts Officer, Senior Accounts Officer, and
Divisional/Workshop Accounts. Officer In the case of Metropolitan
Transport Projects (Railways) General Manager, Chief Administrative
Officer, Deputy General Manager, District Medical Officer, Chief Engineer,
Additional Chief Engineer, Chief Signal Telecommunication Engineer, Chief
Electrical Engineers, Controller of Stores, Additional Controller of
Stores, Engineers-in-Chief, Deputy Chief Signal & Telecommunication
Engineer, Executive Engineer. "In the case of the Wheel and Axle
Project, Bangalore, Officer on Special Duty (Project), Chief Project
Officer, Controller of Stores, Additional Controller of Stores, Deputy
Chief Engineer, Deputy Chief Mechanical Engineer, Deputy Chief Electrical
Engineer, Senior Stores Officer, District Controller of Stores, Assistant
Controller of Stores, Assistant Stores Officer and Executive
Engineer." Chief
Rolling Stock Engineer, Chief Motive Power Engineer, Chief Elect. Project
Engineer, Chief Elect. Services Engineer, Chief Elect. Distribution
Engineer. Additional General Managers, Chief Telecommunication Engineers,
Additional Chief Signal & Telecommunication Engineers, Additional
Chief Operating Superintendents Additional Chief Mechanical Engineers,
Additional Electrical Engineers, Additional Controller of Stores,
Additional Financial Adviser & Chief Accounts Officer, Additional
Chief Commercial Superintendents, Additional Chief Engineers, Senior
Divisional Commercial Superintendents, Divisional Railway Managers,
Additional Divisional Railway Managers, Chief Safety Superintendents,
Chief Claim Officers, Chief Marketing Superintendents, Chief Track
Engineers, Chief Bridge Engineers, Chief Material Managers, Chief Workshop
Engineers, Chief Administrative Officer, COFMOW, Chief Planning &
Design Engineer. 18.
Agreements relating to the supply of Electrical power electricity
or water to railway by agencies other than Railways themselves; by General
Managers, Senior Deputy General Managers, Deputy General Managers, Chief
Operating Superintendents, Regional Traffic Superintendents, Additional
Engineers-in-Chief, Chief Engineers, Additional Chief Engineers, Chief
Mechanical Engineers, . Deputy Chief Mechanical Engineers, Divisional
Superintendenting Engineers, Regional Mechanical Engineers, Chief
Electrical Engineers, Superintendent Electrical, Engineers-in-Chief
(Electrical), Deputy Chief Electrical Engineer, Senior Divisional
Electrical Engineer, Divisional Electrical Engineer, Senior Electrical
Engineer, Divisional Assistant Electrical Engineer, Senior Electrical
Engineer, Assistant Electrical Engineer, Divisional Assistant Electrical
Engineer, Power House Superintendent, Maintenance Engineer, Works Manager
(Elect.) Assistant Works Manager (Electrical) and Workshop Electrical
Engineer, Assistant Workshop Assistant Electrical Engineer or Divisional
Superintendent, of Indian Railways or the Chief Administrative Officer,
Integral Coach Factory, Perambur, Madras, D.B.K. Projects, Deputy Chief
Electrical Engineer/Divisional Electrical Engineer/Electrical
Engineer-in-Charge of Workshop/Divisional Assistant Electrical Engineers,
Workshop Assistant Electrical Engineer, Divisional Engineer, Divisional
Superintending Engineer, Director General, Deputy Director General,
Director, Additional Directors & Joint Directors in the R.D.S.O. In
the case of Metropolitan Transport Projects (Railways), General Manager,
Chief Administrative Officer, Deputy General Manager, District Medical
Officer, Chief Engineer, Additional Chief Engineer, Chief Signal Telecom.
Engineer, Chief Electrical Engineer, Controller of Stores, Additional
Controller of Stores, Engineers-in-Chief, Deputy Chief Signal and
Telecommunication Engineer, Executive Engineer. In the case of the Wheel
and Axle Project, Bangalore, Officer on Special Duty (Project), Chief
Project Officer, Controller of Stores, Additional Controller of Stores,
Deputy Chief Mechanical Engineer, Deputy Chief Electrical Engineer, Senior
Stores Officer, District Controller of Stores, Assistant Controller of
Stores, Assistant Stores Officer and Executive Engineers, Additional
General Managers, Additional Chief Operating Superintendents, Additional
Chief Mechanical Engineers, Senior Divisional Mechanical Engineers,
Additional Chief Electrical Engineers, Senior Divisional Engineers,
Divisional Railway Managers, Additional Chief Mechanical Engineers,
Additional Divisional Railway Managers, Chief Track Engineers, Additional
Chief Engineers, Chief Administrative Officer, COFMOW, Chief Elect.
Services Engineers, Chief Elect. Project Engineers, Chief Elect.
Distribution Engineers, 19.
Agreements relating to the supply of electricity or water by
Railways to outsiders; by General Managers, Senior Deputy General
Managers, Deputy General Managers, Additional Engineers-in-Chief, Chief
Engineers, Additional Chief Engineer, Senior Divisional Engineer, Deputy
Chief Engineers, Regional Engineers, Divisional/District Engineers.
Divisional Superintendenting Engineers, Divisional Superintendents, Chief
Electrical Engineers, Deputy Chief Electrical Engineers of Indian Railways
or the Chief Administrative Officers, D.B.K. Projects, Public Relations
and Estate Officers, Divisional Electrical Engineer/Divisional Assistant
Electrical Engineer/Electrical Engineer in Charge of Workshop and District
Electrical Engineer. In the case of Metropolitan Transport Projects
(Railways) General Manager, Chief Administrative Officer, Deputy General
Manager, District Medical Officer, Chief Engineer, Additional Chief
Engineer, Chief Signal Telecommunication Engineer, Chief Electrical
Engineer, Controller of Stores, Additional Controllers of Stores,
Engineers-in-Chief, Deputy Chief Signal & Telecommunication Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer. Executive
Engineer, Additional General Managers, Divisional Railways Managers,
Additional General Managers, Divisional Railways Managers, Additional
Divisional Railway Managers, Additional Chief Electrical Engineers,
Additional Chief Engineers, Chief Track Engineers, Chief Bridge Engineers,
Chief Telecommunication Engineers, Additional Chief Mechanical Engineers,
Chief Administrative Officer, COFMOW, Chief Planning & Design
Engineer, Chief Elect. Services Engineers, Chief Elect. Project Engineer,
Chief Elect. Distribution Engineers, 20.
Agreements for construction of or relating to use of assisted and
private sidings for collieries mills or other industrial concerns; by
General Managers, Senior Deputy General Manager, Deputy General Managers,
Chief Engineers, Deputy Chief Engineers, Regional Engineers, Chief
Operating Superintendents, Regional Traffic Superintendents, Deputy Chief
Operating Superintendents/Chief Commercial Superintendents, Deputy Chief
Commercial Superintendents/District Commercial Superintendents or
Divisional Superintendents, Indian Railways or the Chief Administrative
Officers, Additional General Managers, Additional Chief Engineers,
Additional Chief 21.
Agreements for the driving of galleries under and for underground
support to railway property and including assisted sidings or for the
provosopn of loading accommodation at existing sidings (Railway or
Assisted): by General Managers, Senior Deputy General Managers, Chief
Engineers, Deputy Chief Engineers, Chief Operating Superintendents,
Divisional Superintendents, Regional Traffic Superintendents, or Deputy
Chief Operating Superintendents. Divisional Superintendents; Regional
Traffic Superintendents or Deputy Chief Operating Superintendents of
Indian Railways or the Chief Administrative Officers, and the case of
Metropolitan Transport Projects (Railways), General Manager, Chief
Administrative Officer, Deputy General Manager, District Medical Officers,
Chief Engineer, Additional Chief Engineer, Chief Signal Telecommunication
Engineer, Chief Electrical Engineer, Controller of Stores, Additional
Controller of Stores, Engineer-in-Chief, Deputy Chief Signal &
Telecommunication Engineer, Deputy Chief Electrical Engineer, Deputy Chief
Engineer, Executive Engineer, Additional General Managers, Additional
Chief Engineers, Additional Chief Operating Superintendents, Divisional
Railway Managers, Additional Divisional Railway Managers, Chief Safety
Superintendents, Senior Divisional Operating Superintendents, Chief
Administrative Officer, COFMOW, Chief Transport Planning Superintendent,
Chief Freight Transport Superintendent, Chief Planning & Design
Engineer, 22. Agreements relating to refreshment rooms, dining cars, book stalls and curie stall, Staff canteens refreshment and foodstuff contractors and vendors and issue of licences to porters; by General Managers, Senior Deputy General Managers, Senior Deputy General Managers, Deputy General Managers, Chief Operating Superintendents, Regional Traffic Superintendents, Chief Commercial Superintendents, Deputy Chief Commercial Superintendents, Additional Chief Commercial Superintendents. Traffic Superintendents General Senior Commercial Officers, Divisional/District Commercial Superintendents, Chief Engineers, Controller of Stores, Additional Controller of Stores, Town Engineers or Personnel Officer of the Indian Railways, The President Colony Committee, Golden Rock or the Principal, Zonal Training School, Bhusaval or Principal, Railway Staff College, Baroda, Chief Public Relations Officer, Public Relation Officer and Superintendent catering, the Head of the Office and Personnel Officer of the Principals, the Principals, the institute of Railway Signal Engineering and Telecommunications and the Advance Permanent Way Training School, Public Relations & Estate Officers Chittaranjan Locomotive Works, Additional General Managers, Additional Chief Operating Superintendents, Additional Chief Commercial Superintendents, Divisional Railway Managers, Additional Divisional Railway Managers, Senior Public Relations Officers, Chief Administrative Officer, COFMOW, Chief Transport Planning Superintendent, Chief Passenger Transport Superintendent, Chief Freight Transport Superintendent, Chief Planning & Design Engineer, Chief Rolling Stock Engineers. 23.
Advertising Printing and Publicity contracts; by General Managers,
Senior Deputy General Managers, Deputy General Managers, Additional Chief
Engineers, Chief Commercial Superintendents, Deputy Chief Commercial
Superintendents, Divisional/District Commercial Superintendents and Rates
Deuperintendents, Chief Operating Superintendents, Senior Divisional
Engineer, Chief Public Relations Officer, Publicity Officers or editor,
Indian, Railways or Town Engineers of Indian Railways or the
Administrative Officers/Deputy General Managers, or D.B.K. Projects or
Chairman, Railway Service Commission, The Principal, Indian Railways
School of Advanced permanent way Engineering Institute of Railway Signals
Engineering and Telecom, and Railway Staff College, Baroda, Public
Relations Officer, Divisional Engineer, Divisional Superintending
Engineers, Superintendent Catering and Divisional Superintendent. In the
case of Metropolitan Transport Projects (Railways), General Managers,
Chief Administrative Officer, Deputy General Manager, District Medical
Officer, Chief Engineer, Additional Chief Engineer, Chief Signal
Telecommunication Engineer, Chief Electrical Engineer, Controller of
Stores, Additional Controller of Stores, Engineers-in-Chief, Deputy Chief Electrical
Engineer, Deputy Chief Engineer, Executive Engineer, Additional General
Manager, Additional Chief Commercial Superintendents, Senior Divisional
Commercial Superintendents, Chief Marketing Superintendents, Additional
Chief Operating Superintendents, Divisional Railway Managers, Additional
Divisional Railway Managers, Chief, Administrative Officer, COFMOW, Chief
Transport Planning Superintendent, Chief Passenger Transport
Superintendent, Chief Freight Transport Superintendent. 24.
Agreements for the Collection of terminal, tax Pilgrim Tax, Municipal
Tax, or other tax and duties for and on behalf of local authorities; by
General Manager, Senior Deputy General Manager, Deputy General Managers,
Chief Commercial Superintendents, Deputy Chief Commercial Superintendents,
Chief Operating Superintendents, or Divisional Superintendents of Indian
Railways or the Chief Administrative Officer, and Superintendent Catering,
Additional General Manager, Additional Chief Commercial Superintendents,
Additional Chief Operating Superintendent, Divisional Railway Managers,
Chief administrative Officer, COFMOW. 25.
Contracts for the hiring of films of the provision of studio
facilities; by Chief Commercial Superintendents. Deputy Chief Commercial
Superintendents, Divisional/District Commercial Superintendents or
Publicity Officer of Indian Railways or Chief Administrative Officer/Deputy
General Manager, District Medical Officer, Chief Engineer, Additional
Chief Engineer, Chief Signal Telecommunication Engineer, Chief Electrical
Engineer, Controller of Stores, Additional Controllers of Stores,
Engineers-in-Chief, Deputy Chief Signal & Telecommunication Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer, Executive
Engineer, Additional Chief Commercial Superintendents, Senior Divisional
Commercial Superintendents, Chief Public Relations Officer, Chief
Administrative Officer, COFMOW. 26.
Agreements relating to the supply of electric power to cllieries
adjacent to Railway Collieries; by the Chief Mining Engineers with the
Railway Board, Additional General Manager, Senior Divisional Engineers,
Divisional Railway Managers, Additional Divisional Railway Managers. 27.
Execution of deeds of transfer of shares and other securities held
by the Governor-General before the 26th January, I960; and the President on
or after that date on account of investment out of the Revenue Reserve
Fund Investment and endorsement of dividend warrants relating to such
shares and securities; by the Financial Adviser and Chief Account Officer,
Eastern Railway, Additional General Managers, Additional Chief operating
Superintendents, Additional Chief Commercial Superintendents, Chief Claims
Officers, Senior Divisional Commercial Superintendents, Additional Chief
Engineers, Additional Chief Mechanical Engineers, Chief Workshop
Engineers, Additional Chief Controller of Stores, Chief Material Manager,
Divisional Railways Managers, Additional Divisional Railway Managers,
District Controller of Stores, Senior Stores Officers, Chief Passenger
Transport Superintendent, Chief Freight Transport Superintendent. 28. Instruments relating to sale of immovable property (lands and buildings); by General Managers, Senior Deputy General Managers, Deputy Managers, Chief Engineers, Additional Chief Engineers, Deputy Chief Engineers, Regional Engineers, Engineers-in-Chief, Superintendents of Works, Divisional Superintendents, Divisional or District Engineers, Divisional Superintend ending Engineers of Indian Railways, or the Chief Mining Engineers with the Railway Board or the Chief Administrative Officer, Integral Coach Factory, Perambur (Madras) or D. N. K. Objects, Additional General Manager, Divisional Railway Managers, Additional Divisional Railway Managers. 29.
Agreements with auctioneers for conducting sales by public auction
of unclaimed and excess goods and lost property scrap and unserviceable
goods; by General Managers, Senior Deputy General Managers, Deputy General
Manager, Chief Operating Superintendents, Deputy Chief Operating
Superintendents, Chief Commercial Superintendents, Deputy Chief Commercial
Superintendents, Regional Traffic Superintendents, or Town Engineers of
Indian Railways or the Chief Administrative Officer, Integral Coach
Factory, Perambur (Madras), or D.B.K. Projects, the Chief Mechanical
Engineers, Deputy Chief Mechanical Engineers Controllers of Stores, Deputy
Controller of Stores, Superintendents (Stores), Divisional
Superintendents, Divisional Commercial Superintendents, Chief
Administrative Officer, COFMOOW. 30.
Deeds of conveyance relating to the transfer of land owned by State
Government for Railway purposes; by General Managers, Senior Deputy
General Managers, Deputy General Managers, Chief Engineers, Deputy Chief
Engineers, Additional Chief Engineers, Senior Divisional Engineers,
Regional Engineers, Engineer-in-Chief, Superintendents of Works,
Divisional Superintendents, Divisional or District Engineers, Divisional
Superintendending Engineers, or own Engineers of Indian Railways or the
Chief Mining Engineers with the Railway Board or the Chief Administrative
Office, Integral Coach Factory, Perambur (Madras) or D.B.K. Projects, In
the case or Metropolitan Transport (Railways), by General Manager, Chief
Administrative Officer, Deputy General Manager, Chief Engineer, Chief
Administrative Officer, COFMOW. 31.
Contracts for the supply of labour, carts, fire-wood etc. but
excluding structural works in connection with conservancy service, washing
hospital linen, periodical servicing and maintenance of hospital
equipment or diet requirements of hospitals; or supply of drugs, dressing
etc., by Chief Medical Officer, Medical Superintendents, District Medical
Officers-in-charge of Districts, District Assistant Medical Officers,
Divisional Medical Officer or Workshop Medical Officer, Divisional
Superintendents, Deputy Chief Mechanical Engineers or Town Engineers of
Indian Railways. In the case of Metropolitan Transport Projects (Railways)
General Managers, Chief Administrative Officers, Deputy General Manager,
District Medical Officer, Chief Engineer, Additional Chief Engineer, Chief
Signal Telecommunication Engineer, Chief Electrical Engineer, Controller
of Stores, Additional Controller of Stores, Engineers-in-Chief, Deputy
Chief Signal & Telecommunication Engineer, Deputy Chief Engineer,
Executive Engineer, Additional General Managers, Additional Chief Medical
Officers, Additional Chief Mechanical Engineer (Production Units), Chief
Administrative Officer, COFMOW. 32. Contracts not exceeding Rs. 500 for the supply of labour carts, etc. but excluding structural works, in connection with conservancy service or washing hospitals linen; by Assistant District Medical Officers or Assistant Medical Officers-in-Charge of Districts of Indian Railways. In the case of Metropolitan Transport Projects (Railway) Chief Administrative Officer, Additional General Managers, Additional Chief Electrical Engineers, Senior Divisional Electrical Engineers, Chief Telecommunication Engineers, Additional Chief Signal & Telecommunication Engineers, Senior Divisional Signal & Telecommunication Engineers, Chief Electrical Services Engineers, Chief Electrical Distribution Engineers. 33.
Agreements relating to the reservation of beds or provision of
Annexes in Sanatoria; by the General Managers or the Chief Medical
Officers of Indian Railways. In the case of Metropolitan Transport
Projects (Railways), General Manager, Chief Administrative Office, Deputy
General Manager, District Medical Officer, Chief Engineer, Additional
Chief Engineer, Chief Signal Telecommunication Engineer, Chief Electrical
Engineer, Controller of Stores, Additional Controller of Stores,
Engineers-in-Chief, Deputy Chief Signal & Telecommunication Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer, Executive
Engineer, Additional General Managers, Additional Chief Electrical
Engineers, Chief Track Engineers, Chief Workshop Engineers, Chief
Administrative Officer, COFMOW, Chief Electrical Services Engineers, Chief
Electrical Project Engineers, Chief Electrical Distribution Engineers. 34.
Instruments relating to contracts for sub-stations, track
sectioning cabin and supervisory control equipment, track structures,
overhead equipment, power and telephone cables and transmission lines; by
the General Manager, Additional Engineers in Chief Electrical Engineers,
Deputy Chief Electrical Engineers, or District Electrical Electrical
Engineers of Indian Railways Chief Signaling and Telecommunication
Engineers, Additional General Managers, Additional Chief Engineers,
Additional Chief Mechanical Engineers (Production Units). 35.
All deeds and instruments supplemental to deeds and instruments
executed by officers of the Railway Board; by General Managers, Senior
Deputy General Managers, Deputy General Managers, Engineers-in-Chief,
Chief Engineers, Chief Mechanical Engineers, Chief Signal and
Telecommunication Engineers, or Controllers of Stores of Indian Railways,
General Manager to Chief Engineers, Gangan Bridge Project, General,
Chittaranjan Locomotive Works of the Chief Administrative Officer,
Integral Coach Factory, Perambur (Madras), Director General, Deputy
Director General, Directors and Addotopma; Dorectors in the R. D. S. O. In
the case of the Wheel and Axle Project, Bangalore, Officer, Controller of
Stores, Additional Controller of Stores, Deputy Chief Engineer, Deputy
Chief Mechanical Engineer, Deputy Chief Electrical Engineer, Senior Stores
Officer, District Controller of Stores, Assistant Controller of Stores,
Assistant Stores Officer and Executive Engineer. 36.
Licences for the use of safe deposit lockers at Railway Station; by
the Station Superintendents, Station Masters on duty or Chief Parcel
Clerks or the luggage and Parcel Supervisors of Indian Railways. 37.
All agreements and other instrument for granting permission to
travel by breakvans of goods trains; by Station Masters or Assistant
Station Masters on duty. In the case of Metropolitan Transport Projects
(Railways), General Manager, Chief Administrative Officer, Deputy General
Manager, District Medical Officer, Chief Engineer, Additional Chief
Engineer, Chief Signal Telecommunication Engineer, Chief Electrical
Engineer, Controller of Stores, Additional Controller of Stores,
Engineers-in-Chief, Deputy Chief Signal & Telecommunication Engineer,
Deputy Chief Electrical Engineer, Deputy Chief Engineer, Executive
Engineer. 38.
In the case of the Research Designs and Standards Organisation:— (i)
Agreements and other instruments relating to printing of Indian Railways
Standard Drawings; and (ii)
All service agreements with non-gazetted Officers; by
the Director General, Deputy Directors, General, Directors, Engineer,
Deputy Chief Mechanical Engineer, Deputy Chief Electrical Engineer, Senior
Stores Officer, District Controller of Stores, Assistant Controller of
Stores, Assistant Stores Officer and Executive Engineer. 39.
Agreements relating to removal of sullage through sewer system; by
General Managers, Chief Engineers, Deputy Chief Engineers and Executive
Engineers. 40.
All deeds and instruments other than those specified above; by the
Secretary or the Joint Secretary or the Deputy Secretary or the Under
Secretary in the Railway Board or a Director, Joint Director, Deputy
Director or Assistant Director in the Railway Board or Legal Adviser or
Assistant Legal Adviser in the Railway Board. 41. Indemnity Note for delivery of goods without Railway Receipts; by Station Master, Chief Goods Clerk and Goods Superintendent. 42.
Indemnity Note in respect of claims of Rs. 20/- or less arising out
of non-delivery, partial delivery, damages, deterioration, etc. of
perishable consignments; by Station Master, Goods Inspector and
Supervisor, Chief Goods Clerks, Chief Parcel Clerk, Traffic Inspector,
Commercial and Assistant Commercial Inspector, Claims Inspector and
Assistant Claims Inspector. 43.
Agreements or leases for hire of buildings required for office
& Stores purposes in the case of Metropolitan Transport Project
(Railways) by General Manager, Chief Administrative Officer, Deputy
General Manager, Chief Engineer. 44.
Contracts/Deeds with outside agencies for the maintenance or
computers/micro processors/word processors/mini computers/data entry
machines and similar Electronic data processing equipments and interrelated
electronic equipments viz. Air-Conditioning equipment, Frequency Stabilizer/
Static Inverter Uninterrupted power supply equipment and photo-copier by
General Manager, Senior Deputy General Managers, Deputy General Managers,
Divisional Rail Managers, Chief Mechanical Engineers, Additional Chief
Mechanical Engineers, Chief Operating Superintendent, Deputy Chief
Operating Superintendents, of all Zonal Railways including General
Manager, Metro Railway, Calcutta and Production Units viz. Chittaranjan
Locomotive Works, Chittaranjan Diesel Locomotive Works, Varanasi, Integral
Coach Factory, Perambur, Wheel and Axle Plant, Bangalore, Director General
(R.D.S.O.), Principal, Railway Staff College, Vadodara, Indian Railway Institute
of Advanced Track Technology, Poona, Indian Railway Institute of
Signal Engineering and Telecommunications, Secundcrabad, Indian Railway
Institute of Mechanical and Electrical Engineering Jamnagar, Chief
Administrative Officers, COFMOW, (General Organisation for Modernisation
of Workshops), Diesel Component Works, Metropolitan Transport Project,
Madras, Bombay, New Delhi, Officer on Special Duty, New Rail Coach
Factory, Kapurthala and Executive Directors, Additional Directors,
Directors, Joint Directors and Deputy Directors, Secretary, Joint
Secretary and Under Secretary of Railway Board ,(i)
FA&CAO (ii)
Dy. FA&CAO (iii)
Sr. EDPMs of Headquarters and Divisions. GOVERNMENT
OF INDIA (BHARAT SARKAR) MINISTRY
OF RAILWAYS (RAIL MANTRALAYA) (RAILWAY
BOARD) INDIAN
RAILWAY STANDARD CONDITIONS OF CONTRACT (Vide
Para 417 of the Indian Railway Code for the Stores Department) 0100.
Definitions and Interpretation. 0101.
In the Contract, unless the context otherwise requires ; 0102.
"Acceptance of Tender" means
the letter of memorandum communicating to the Contractor the acceptance of
his tender and includes an advance acceptance of his tender; 0103. "Consignee" means where the stores are required by the acceptance of tender to be dispatched by rail, road, air or steamer, the person specified in the Acceptance of Tender to whom they are to be delivered at the destination ; Where the Stores are required by the acceptance of tender to be delivered to a person as an interim consignee for the purpose of dispatch to another person, such other persons; and in any other case the person to whom the stores are required by the acceptance of tender to be delivered in the manner therein specified ; 0104.
"Contract"
means and includes the invitation to tender, instructions to
tenderers, tender, acceptance of tender,
Standard Conditions of Contract, Special Conditions of Contract,
particulars and the other conditions specified in the acceptance of tender
and includes a repeat order which has been accepted or acted upon by the
contractor and a formal agreement if executed ; 0105.
The "Contractor" means the person, firm or company with
whom the order for the supply is placed and shall be deemed to include the
contractor's successors (approved by the Purchaser), representatives,
heirs, executors and administrators as the case may be, unless excluded by
the terms of the contract; 0106.
"The Sub-contractor" means any person, firm or company
from whom the Contractor may obtain any material or fittings to be used in
the supply or manufacture of the stores ; 0107.
"Drawing" means the drawing or drawings specified in or
annexed to the Schedule or Specifications ; 0108.
"Government" means
the Central Government or a State Government, as the case may be; 0109.
"The Inspecting Officer" means the person specified in
the contract for the purpose of Inspection of stores or work under the
contract and includes his authorised representative ; 0110.
"Material" means anything used in the manufacture or
fabrication of the stores ; 0111.
"Particulars" include— (a)
Specifications ; (b)
Drawings; (c)
Pattern bearing the seal and signature of the Inspecting Officer
(hereinafter called the sealed pattern) which shall include also a
certified copy thereof sealed by the Purchaser for the guidance of the
Inspecting Officer ; (d)
Sample sealed by the Purchaser for guidance of the Inspecting
Officer (hereinafter called the certified sample) which shall include a
certified copy thereof sealed by the Purchaser for the guidance of the
Inspecting Officer ; (e)
Trade pattern, that is to say, a pattern, stores conforming to
which are obtainable in the open market and which denotes a standard of
the Indian Standard Institute or other standardising authority or a
general standard of the industry; (f)
'Proprietary mark' or 'brand' means the mark or brand of a product
which is owned by an industrial firm ; (g)
any other details governing the construction, manufacture or supply
of stores as may be prescribed by the contract; 0112.
"Purchase Officer" means the officer signing the
acceptance of tender and includes any officer who has authority to execute
the relevant contract on behalf of the Purchaser ; 0113.
"The Purchaser"
means the President of India in the case of stores ordered for the
Indian Government Railways and includes his successors and assignees ; 0114.
"Signed" includes stamped, except in the case of an
acceptance of tender or any amendment thereof; 0115.
"Site" means the place specified in the contract at which
any work is required to be executed by the contractor under the contract
or any other place approved by the Purchaser for the purpose ; 0116.
"Stores" means the goods specified in the contract which
the contractor has agreed to supply under the contract; 0117.
"Supply Order" means an order for supply of stores and
includes an order for performance of service; 0118.
"Test" means such test as is prescribed by the
particulars or considered necessary by the Inspecting Officer whether
performed or made by the Inspecting Officer or any agency acting under the
direction of the Inspecting Officer ; 0119.
"Unit" and "Quantity" means the unit and
quantity specified in the contract; 0120.
"Writing" or "Written" includes matter either
in whole or in part, in manuscript, typewritten, lithographed,
cyclostyled, photographed or printed under or over signature or seal, as
the case may be; 0121.
The delivery of the stores shall be deemed to take place on
delivery of the stores in accordance with the terms of the contract, after
approval by the Inspecting Officer if so provided in the contract, to:— (a)
the consignee at his premises ; or (b)
where so provided the interim consignee at his premises ; or (c)
a carrier or other person named in the contract for the purpose of
transmission to the consignee, or (d)
The consignee at the destination station in case of contract
stipulating for delivery of stores at destination station. 0122.
Words in the singular include the plural and vice versa ; 0123.
Words importing the masculine gender shall be taken to include the feminine
gender and words importing persons shall include any company or
association or body of individuals, whether incorporated or not; 0124.
The heading of these conditions shall not affect the interpretation
or construction thereof; 0125.
Terms and expression not herein defined shall have the meanings
assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or
the Indian Contract Act, 1872 (as amended) or the General Clauses Act,
1897 (as amended), as the case may be. 0200.
Parties.—The parties to the contract are the Contractor and the
Purchaser, as defined in Clauses 0105 and 0113. 0201.
Authority of person signing the Contract on behalf of the
Contractor.—A person signing the tender or any other document in respect
of the Contract on behalf of the Contractor without disclosing his
authority to do so shall be deemed to warrant that he has authority to
bind the Contractor. If
it is discovered at any time that the person so signing has no authority
to do so, the Purchaser may, without prejudice to any other right or
remedy of the Purchaser, cancel the contract and make or authorize the
making of a purchase of the stores at the risk and cost of such person and
hold such person liable to the Purchaser for all costs and damages arising
from the cancellation of the contract including any loss which the
Purchaser may sustain on account of such purchase. The
provisions of Clause 0700 shall apply to every such purchase as far as
applicable. 0202.
Address of the Contractor and notices
and communications on behalf of the Purchaser:— (a)
For all purposes of the contract, including arbitration thereunder,
the address of the Contractor mentioned in the tender shall be the address
to which all communications addressed to the Contractor shall be sent,
unless the Contractor has notified change by a separate letter containing
no other communication and sent by registered post acknowledgement due to
the Purchaser. The
Contractor shall be solely responsible for the consequence of an omission
to notify a change of address in the manner aforesaid. (b) Any communication or notice on behalf of the Purchaser in relation to the contract may be issued to the Contractor by the Purchase Officer and all such communications and notices may be served on the Contractor either by registered posts or under certificate of posting or by ordinary post or by hand delivery at the option of such officer. 0300.
Quotations of rates by Contractors :— (a)
The price quoted by the Contractor shall not be higher than the
controlled price fixed by law for the stores or where there is no
controlled price, it shall not exceed the prices or contravene the norms
for fixation of prices laid down by Government or where no such prices or
norms have been fixed by the Government, it shall not exceed the price
appearing in any agreement relating to price regulation by any industry in
consultation with the Government.
In any case, save for special reasons stated in the tender, the
price quoted shall not be higher than the lowest price charged by the
Contractor for stores of the same nature, class or description to a
private purchaser, domestic or foreign as well as Purchaser Governments. (b)
If the price quoted is higher than the controlled price or where
there is no controlled price, the price usually charged by the Contractor
from a private Purchaser, domestic or foreign, as well as Purchaser
Government for the stores of the same nature, class or description the
Contractor will specifically mention this fact in his tender giving
reasons for quoting higher price (s).
If he fails to do so or makes any mis-statement, it shall be lawful
for the Purchaser, (i) to revise the price at any stage so as to bring it
in conformity with the Sub-clause (a) above or (ii) to terminate the
contract and forfeit the Security Deposit. 0400.
Contract. 0401.
This contract is for the supply of the stores of the description,
specifications and drawings, and in the quantities setforth in the
contract on the date or dates specified therin.
Unless otherwise specified, the stores shall be entirely brand new
and of the best quality and workmanship to the satisfaction of the
Inspecting Officer. The
stores shall further be in all respects acceptable to the Inspecting
Officer. 0402.
Any variation or amendment of the contract shall not be binding on
the Purchaser unless and until the same is duly endorsed on the contract
incorporated in a formal instrument or in exchange of letters and signed
by the parties. 0500.
Security Deposit. 0501. Unless otherwise agreed between the Purchaser and the Contractor, the Contractor shall, within 14 days after written notices of acceptance of the tender has been posted to the Contractor, deposit with the railway concerned (in cash or the equivalent in Government Securities or approved Banker's Guarantee Bond) a sum equal to 5 per cent of the total value of the stores detailed in the contract for which the tender has been accepted, subject to a maximum of Rs. 1,00,000 as a security for the due fulfillment of the contract. 0502.
If the Contractor, having been called upon by the Purchaser to
furnish security, fails to make and to maintain a security deposit within
the specified period, it shall be lawful for the Purchaser :— (a)
to recover from the Contractor the amount of such security deposit
by deducting the amount from the pending bills of the Contractor under the
contract or any other contract with the Purchaser or the Government or any
person contracting through the Purchaser or otherwise howsoever, or (b)
to cancel the contract or any part thereof and. to purchase or
authorise the purchase of the stores at the risk and cost of the
Contractor and in that event the provisions of Clause 0702 shall apply as
far as applicable. 0503.
No claim shall lie against the Purchaser in respect of interest on
cash deposits or Government Securities or depreciation thereof. 0504.
The Purchaser shall be entitled and it shall be lawful on his part
to forfeit the said security deposit in whole or in part in the event of
any default, failure or neglect on the part of the Contractor in the fulfillment
or performance in all respect of the contract under reference
or any other contract with the Purchaser or any part thereof to the
satisfaction of the Purchaser and the Purchaser shall also be entitled to
deduct from the said deposits any loss or damage which the Purchaser may
suffer or be put by reason of or due to any act or other default,
recoverable by the Purchaser from the Contractor in respect of the
contract under reference or any other contract and in either of the events
aforesaid to call upon the Contractor to maintain the said security
deposit at its original limit by making further deposits, provided further
that the Purchaser shall be entitled to recover any such claim from any
sum then due or which at any time thereafter may become due to the
Contractor under this or any other contracts with the Purchaser. 0600.
Delivery. 0601.
The Contractor shall as may be required by the Purchaser either
deliver free or f.o.r. or c.i.f. at the place/places detailed in the
contract, the quantities of the stores detailed therein and the stores
shall be delivered or despatched not later than the dates specified in the
contract. The delivery,
will not be deemed to be complete until and unless the stores are
inspected and accepted by the Inspecting Officer as provided in the
contract. 0602.
The Purchaser shall not be liable to render assistance to the
Contractor in securing or to arrange for or provide transport to the
Contractor unless it is so specifically stated in the contract,
notwithstanding that transport of the stores, is controlled by or under
the orders of the Government. 0603.
Notwithstanding any inspection and approval by the Inspecting
Officer on the Contractor's premises, property in the stores shall not
pass on to the Purchaser until the stores have been received, inspected
and accepted by the consignee. 0604.
No stores shall be deliverable to the consignee's depots on Sundays
and public holidays without the written permission of the consignee. 0700.
Time for and Date of Delivery ; the Essence of the Contract.—The
time for and the date specified in the contract or as extended for the
delivery of the stores shall be deemed to be of the essence of the
contract and delivery must be completed not later than the date(s) so
specified or extended. 0701.
Progressing of Deliveries.—The Contractor shall allow reasonable
facilities and free access to his works and records to the Inspecting
Officer, Progress Officer or such other Officer as may be nominated by the
Purchaser for the purpose of ascertaining the progress of the deliveries
under the contract. 0702.
Failure and Termination.—If the Contractor fails to deliver the
stores or any installment thereof within the period fixed for such
delivery in the contract or as extended or at any time repudiates the
contract before the expiry of such period the Purchaser may without
prejudice to his other rights :— (a)
recover from the Contractor as agreed liquidated damages and not by
way of penalty a sum equivalent to 2 per cent of the price of any stores
(including elements of taxes, duties, freight, etc.) which the Contractor
has failed to deliver within the period fixed for delivery in the contract
or as extended for each month or part of a month during which the delivery
of such stores may be in arrears where delivery thereof is accepted after
expiry of the aforesaid period, or (b)
cancel the contract or a portion thereof and if so desired purchase
or authorize the purchase of the stores not so delivered or others of a
similar description (where stores exactly complying with particulars are
not in the opinion of the Purchaser, which shall be final, readily
procurable) at the risk and cost of the Contractor.
It shall, however, be in the discretion of the purchaser to collect
or not, the security deposit from the firm/firms on whom the contract is
placed at the risk and expense of the defaulted firm. Where
action is taken under Sub-clause (b) above, the Contractor shall be liable
for any loss which the Purchaser may sustain on that account provided the
purchase, or, if there is an agreement to purchase, such agreement is
made, in case of failure to deliver the stores within the period fixed for
such delivery in the contract or as extended within six months from the
date of such failure and in case of repudiation of the contract before the
expiry of the aforesaid period of delivery, within six months from the
date of cancellation of the contract. The Contractor shall not be entitled
to any gain on such purchase and the manner and method of such purchase
shall be in the entire discretion of the Purchaser. It shall not be
necessary for the Purchaser to serve a notice of such purchase on the
Contractor. Note.—In
respect of the stores which are not easily available in the market and
where procurement difficulties are experienced, the period for making risk
purchase shall be nine months instead of six months provided above. 0703.
Consequence of Rejection.—If on the stores being rejected by the
Inspecting Officer or Interim Consignee or Consignee at the destination,
the Contractor fails to make satisfactory supplies within the stipulated
period of delivery, the Purchaser shall be at liberty to :— (i)
require the Contractor to replace the rejected stores forthwith but in any
event not later than a period of 21 days from the date of rejection and
the Contractor shall bear all cost of such replacement including freight,
if any, on such replacing and replaced stores but without being entitled
to any extra payment on that or any other account, or (ii)
purchase or authorize the purchase of quantity of the stores rejected or
others of a similar description (when stores exactly complying with
particulars are not in the opinion of the Purchaser, which shall be final,
readily available) without notice to the Contractor at his risk and cost
and without affecting the Contractor's liability as regards the supply of
any further installment due under the contract, or (Hi)
cancel the contract and purchase or authorize the purchase of the stores
or others of a similar description (when stores exactly complying with
particulars are not, in the opinion of the Purchaser, which shall be
final, readily available) at the risk and cost of the Contractor. In the
event of action being taken under Sub-clause (ii) above or under this
Sub-clause, the provision of Clause 0702 above will apply as far as
applicable. (iv)
where under the contract the price payable is fixed for. dispatching
station, the Contractor shall, if the stores are rejected at destination
by the consignee, be liable, in addition to his other liabilities,
including refund of price recoverable in respect of the stores so
rejected, to reimburse to the Purchaser the freight and all other expenses
incurred by the Purchaser in this regard. 0800.
Extension of Time for Delivery.—If such failure as aforesaid shall have
arisen from any cause which the Purchaser may admit as reasonable ground
for extension of time, the Purchaser shall allow such additional time as
he considers to be justified by the circumstance of the case, and shall
forgo the whole or such part, as he may consider reasonable, of his claim
for such loss or damage as aforesaid. Any failure or delay on the part of
sub-contractor, though their employment may have been sanctioned under
Condition 1500 hereof, shall not be admitted as a reasonable ground for
any extension of time or for exempting the Contractor from liability for
any such loss or damage as aforesaid. 0900.
Examination of Drawing, Specifications and Patterns.—When tenders are
called for in accordance with a drawing, specification or sealed pattern
the Contractor's tenders to supply in accordance with such drawing,
specifications or sealed pattern shall, be deemed to be an admission on
his part that he has fully acquainted himself with the details thereof
and, in no circumstances, will any claim on his part which may arise on
account of his insufficient examination of the said drawing, specification
or sealed pattern be considered. 1000.
Mistakes in Drawing. The Contractor shall be responsible for and shall pay for any alterations for the works due to any discrepancies, errors or omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been approved by the Purchaser or not provided that such discrepancies, errors or omissions be not due to inaccurate information or particulars furnished to the Contractor on behalf of the Purchaser. If any dimension figure upon a drawing or plan differ from those obtained by scaling the drawing or plan, the dimensions as figured upon the drawing or plan shall be taken as correct. 1100.
Samples. 1101.
Advance Sample.—Where an advance sample is required to be
approved under the terms of the contract, the Contractor shall submit the
sample free of cost to the Inspecting Officer within the time specified in
the acceptance of tender.
If the Contractor is unable to do so, he must apply immediately to
the Office issuing the acceptance of tender for extension of time stating
the reasons for the delay. If
the Purchaser is satisfied that a reasonable ground for an extension of
time exists, he may allow such additional time as he considers to be
justified (and his decision shall be final) with or without alteration in
the delivery period stipulated in the acceptance of tender and on such
conditions as he deems fit.
In the event of the failure of the Contractor to deliver the
advance sample by the date specified in the acceptance of tender or any
other date to which the time may be extended as aforesaid by the Purchaser
or of the rejection of the sample, the Purchaser shall be entitled to
cancel the contract and, if so desired, purchase or authorize the purchase
of the stores at the risk and cost of the Contractor, in which case the
provisions of Clause 0700 shall apply as far as applicable. 1102.
Unless otherwise provided in the contract, all samples required for
test shall be supplied by the Contractor free of cost.
Where sample, which is supplied free, is rejected after examination
and test, the same or whatever remains of the sample, after examination
and test will be returned to the Contractor at his request and cost within
three months of the date of such rejection at public tariff rate at
Owner's risk. 1103.
Marking.—Samples submitted shall be clearly labeled with the
Contractor's name and address and the acceptance of tender number. 1104.
If the Contractor submits a sample whether with, before or after
the tender, the same shall not govern the standard of supply except when
it has been specifically stated so in the acceptance of tender. 1105.
Where under the contract, the Contractor is required to submit an
advance sample, any expenses incurred by the Contractor on or in
connection with the production of stores in bulk, before the sample has
been approved unconditionally, shall be borne by the Contractor and he
shall not claim any compensation in the event of such sample being found
unacceptable by the Inspecting Officer. 1106.
The rejection of the sample by the Inspecting Authority or
Inspecting Officer shall be final and binding on the Contractor. 1107.
Where the contract does not require any advance sample to be
approved, the Contractor may before proceeding with bulk manufacture or
delivery of the stores, if he so desires, submit to the Inspecting Officer
for inspection a sample of the stores in which case a quantity not less
than one per cent of the total quantity to be supplied unless otherwise
authorized by the Inspecting Officer shall be submitted.
The Contractor shall not, however, be entitled to be shown any
consideration or give any extension of time or claim to be exonerated from
completing the delivery within the stipulated period only on the ground of
delay in the approval of any such sample. 1108.
If, under the contract supplies are governed by a sealed pattern
the Contractor shall be bound to examine such pattern before preparing a
sample or manufacturing the stores in bulk as the case may be.
1109.
Loan of Sample.—If a certified sample is lent to the Contractor,
it will bear a label containing inter alia variations known to the
Inspecting Officer between the said sample and the stores desired.
If the Contractor finds any further variation between the certified
sample and the particulars of specifications mentioned in the contract he
shall at once refer the matter to the Inspecting Officer and the
Contractors shall also give intimation of such discrepancy to the Purchase
Officer. The Contractor
shall follow the instructions of the Inspecting Officer as to what sample
of particulars should guide the production of stores and the decision of
the Inspecting Officer in the matter shall be final and binding on the
Contractor. 1110.
The Contractor shall not detach the said label from the certified sample
and if for any reasons the said label gets detached the Contractor shall
at once return the certified sample to the Inspecting Officer for
attaching a fresh label. 1200.
Risk of Loss or Damage to Government or Purchaser's Property. 1201.
All the property of the Government or Purchaser loaned whether with
or without deposit on terms and conditions to be separately agreed upon in
respect of each particular contract to the Contractor in connection with
the contract shall remain the property of the Government or the Purchaser,
as the case may be. The
Contractor shall use such property for the purpose of the execution of the
contract and for no other purpose whatsoever. 1202.
All such property shall be deemed to be in good condition when
received by the Contractor unless he shall have within twenty-four hours
of the receipt thereof notified the Purchase Officer to the contrary.
If the Contractor fails to notify any defect in the condition or
quality of such property he shall be deemed to have lost the right to do
so at any subsequent stage. 1203. The Contractor shall return all such property and shall be responsible for the full value thereof to be assessed by the Purchaser whose decision shall be final and binding on the Contractor. The Contractor shall be liable for loss or damage to such property from whatever cause happening while such property is in the possession of or under the control of the Contractor, his servants workmen or agents. 1204.
Where such property is insured by the Contractor against loss or
fire at the request of the Government or Purchaser such insurance shall be
deemed to be effected by way of additional Precaution and shall not
prejudice the liability of the Contractor as aforesaid. 1300.
Inspection by Inspecting Officer. 1301.
(a) When
inspection during manufacture or before delivery or dispatch is required,
notice in writing shall be sent by the Contractor to the Inspecting
Officer when the stores or material to be supplied are ready for
inspection and test, and no stores shall be delivered or dispatched until
the Inspecting Officer has certified in writing that such stores have been
inspected and approved by him. (b)
In cases where the Inspecting Authority specified in the contract requires
on behalf of the Purchaser that inspection of the raw materials to be used
and/or stage inspection during the manufacturing process of the
component/stores, etc. is also to be done, notice in writing shall be sent
by the Contractor to the Inspecting Officer to visit his premises/works to
test the raw materials and/or conduct necessary inspection during the
manufacturing process of the component/stores, etc. as deemed essential. 1302.
Marking of Stores.—The Contractor shall, if so required, at his
own expense, mark all the approved stores with a recognized Government or
Purchaser's mark. The
stores which cannot be so marked shall, if so required by the Inspecting
Officer, be packed at his own expense in suitable packages or cases, each
of which shall be sealed and marked with such mark. The
Inspecting Officer shall also have power to mark the rejected stores with
a rejection mark so that they may be easily identified, if resubmitted for
inspection. 1303.
Facilities for test and Examination.—The Contractor shall, at his
own expense afford to the Inspecting Officer all reasonable facilities as
may be necessary for satisfying himself, that the stores are being and/or
have been manufactured in accordance with the particulars.
The Inspecting Officer shall have full and free access at any time
during the execution of the contract to the Contractor's work for the
purpose aforesaid, and he may require the Contractor to make arrangements
for inspection of the stores or any part thereof or any material at his
premises or at any other place specified by the Inspecting Officer and if
the Contractor has been permitted to employ the services of a
Sub-Contractor, he shall in his contract-with the Sub-Contractor, reserve
to the Inspecting Officer a similar right. 1304.
Cost of Test.—The Contractor shall provide, without any extra
charge, all materials, tools, labour and assistance of every kind which
the Inspecting Officer may demand of him for any test and examination,
other than special or independent test, which he shall require to make on
the Contractor's Premises and the Contractor shall bear and pay all costs
attendant thereon. If
the Contractor fails to comply with the conditions aforesaid, the
Inspecting Officer shall, in his sole judgment, be entitled to remove for
test and examination all or any of the stores manufactured by the
Contractor to any premises other than his (Contractor's) and in all such
cases the Contractor shall bear the cost of transport and/or carrying out
such tests elsewhere. A certificate in writing of the Inspecting
Officer, that the Contractor has failed to provide the facilities and the
means, for test examination shall be final. 1305.
Delivery of Stores for Test.—The Contractor shall also provide
and deliver for test, free of charge, at such place other than his
premises as the Inspecting Officer may specify, such material or stores as
he may require. 1306.
Liability for Costs of Special or Independent Test.—In the events
of rejection of stores or any part thereof by the Inspecting Officer in
the consequence of the sample which is removed to the laboratory or other
places of test, being found on test not in conformity with the Contract
and in the event of the failure of the Contractor for any reason to
deliver the stores passed on test within the stipulated period, the
Contractor shall, on demand pay to the Purchaser all costs incurred in the
inspection and/or test. Cost
of test shall be assessed at the rate charged by the laboratory to private
persons for similar work. 1307.
Method of Testing.—The Inspecting Officer shall have the right to
put all the stores or materials forming part of the same or any part
thereof to such tests as he may think fit and proper.
The Contractor shall not be entitled to object on any ground
whatsoever to the method of testing adopted by the Inspecting Officer. 1308.
Stores Expended in Test.—Unless otherwise provided for in the
contract if the test proves satisfactory and the stores or any instalment
thereof is accepted, the quantity of the stores or materials expended in
the test will be deemed to have been taken delivery of by the Purchaser
and be paid for as such. 1309.
Powers of Inspecting Officer.—The Inspecting Officer shall have
the power:— (i)
before any stores or part thereof are submitted for inspection to certify
that they can not be in accordance with the contract owing to the adoption
of any unsatisfactory method of manufacture. (ii)
to reject any stores submitted as not being in accordance with the
particulars. (iii)
to reject the whole of the installment tendered for inspection, if after
inspection of such portion thereof as he may in his discretion think fit,
he is satisfied that the same is unsatisfactory. (iv)
the Inspecting Officer's decision as regards the rejection shall be final
and binding on the Contractor. 1400.
Charges for Work Necessary for Completion of the Contract.—The
Contractor shall pay all charges for handling, stamping, painting,
marking, protecting or preserving patent rights, drawings, templates,
models and gauges and for all such measures as the Purchaser or the
Inspecting Officer may deem necessary for the proper completion of the
contract, though special provision therefore may not be made in the
specification of drawings. 1500.
Responsibility of the Contractor for Executing the Contract. 1501.
Risk in the Stores.—The Contractor shall perform the contract in
all respects in accordance with the terms and conditions thereof.
The stores and every constituent part thereof, whether in the
possession or control of the Contractor, his agents or servants or a
carrier, or in the joint possession of the Contractor, his agents or
servants and the Purchaser, his agents or servants, shall remain in every
respect at the risk of the Contractor, until their actual delivery to the
consignee at the stipulated place or destination or, where so provided in
the acceptance of tender, until their delivery to a person specified in
the contract as interim consignee for the purpose of despatch to the
consignee. The Contractor shall be responsible for all loss, destruction,
damage or deterioration of or to the stores from any cause whatsoever
while the stores after approval by the Inspecting Officer are awaiting
despatch or delivery or are in the course of transit from the Contractor
to the consignee or, as the case may be, interim consignee. The Contractor
shall alone be entitled and responsible to make claims against a Railway
Administration or other carrier in respect of non-delivery, short
delivery, misdelivery, loss, destruction, damage or deterioration of the
goods entrusted to such carrier by the Contractor for transmission to the
consignee or the interim consignee as the case may be. 1502.
Consignees Right of Rejection.—Notwithstanding any approval which
the Inspecting Officer may have given in respect of the stores or any
materials or other particulars or the work or workmanship involved in the
performance of the contract (whether with or without any test carried out
by the Contractor or the Inspecting Officer or under the direction of the
Inspecting Officer) and not with standing delivery of the stores where so
provided to the interim consignee, it shall be lawful for the consignee,
on behalf of the Purchaser, to reject the stores or any part, portion or
consignment thereof within a reasonable time after actual delivery thereof
to him at the place or destination specified in the contract if such
stores or part, portion or consignment thereof is not in all respects in
conformity with the terms and conditions of the contract whether on
account of any loss, deterioration or damage before despatch or delivery
or during transit or otherwise howsoever. Note.—In
respect of materials pre-inspected at the firm's premises the consignee
will issue rejection advice within 90 days from the date of receipt. 1503.
Provided that where, under the terms of the contract the stores are
required to be delivered to an interim consignee for the purpose of
despatch to the consignee, the stores shall be at the Purchaser's risk
after their delivery to the interim consignee, but nevertheless it shall
be lawful for the consignee on behalf of the Purchaser to reject the
stores or any part, portion of consignment thereof upon their actual
delivery to him at the destination if they are not in all respects in
conformity with the terms and conditions of contract except where they
have been damaged or have deteriorated in the course of transit or
otherwise after their delivery to the interim consignee. 1504.
The provisions contained in Clause 2200 relating to the removal of
stores rejected by the Inspecting Officer shall mutatis mutandis
apply to stores rejected by the consignee as herein provided. Note.—In
respect of stores inspected during manufacture or before delivery or
despatch at contractor's premises the consignee will issue communication
of rejection within 90 days from the date of actual delivery thereof. 1505.
Subletting and Assignment.—The Contractor shall not, save with the
previous consent in writing of the Purchaser, sublet, transfer or assign
the contract or any part thereof or interest therein or benefit or
advantage thereof any manner whatsoever. In
the event of the Contractor's subletting or assigning this contract or any
part thereof without such permission, the Purchaser shall be entitled to
cancel the contract and to purchase the stores elsewhere on the
Contractor's account and risk and the Contractor shall be liable for any
loss or damage which the Purchaser may sustain in consequence or arising
out of such purpose. 1506.
Changes in a Firm.—(a) Where the Contractor is a partnership firm, a new
partner shall not be introduced in the firm except with the previous
consent in writing of the Purchaser, which may be granted only upon
execution of a written undertaking by the new partner to perform the
contract and accept all liabilities incurred by the firm under the
contract prior to the date of such undertaking. (b)
On the death or retirement of any partner' of the Contractor firm
before complete performance of the contract, the Purchaser may, at his
option cancel the contract and in such case the Contractor shall have no
claim whatsoever to compensation against the Purchaser. (c)
If the contract is not determined as provided in Sub-clause (b)
above notwithstanding the retirement of a partner from the firm he shall
continue to be liable under the contract for acts of the firm until a copy
of the public notice given by him under Section 32 of the Partnership Act,
has been sent by him to the Purchaser by registered post acknowledgement
due. (d)
Consequence of breach.—Should a partner in the Contractor firm
commit a breach of Sub-clause 1505 above or the Contractor should commit a
breach of the conditions 1506 (a) of this Sub-clause, it shall be lawful
for the Purchaser to cancel the contract and purchase or authorize the
purchase of the stores at the risk and cost of the Contractor and in that
event the provisions of Clauses 0600 and 0700 as far as applicable shall
apply. (e)
The decision of the Purchaser as to any matter or thing concerning
or arising out of this sub-clause or on any question whether the
Contractor or any partner of the Contractor firm has committed a breach of
any of the conditions in this sub-clause contained shall be final and
binding on the Contractor. 1507.
Assistance to the Contractor.—(a) The Contractor shall be solely
responsible to procure any material or obtain any import or other licence
or permit required for the fulfillment of the contract and the grant by
the Purchaser or any other authority of a quota certificate or permit
required under any law for distribution or acquisition of iron and steel
or any other commodity or any other form of assistance in the procurement
of the material aforesaid or any attempt to render assistance in the
matter aforesaid, or shall not be construed as a representation on the
part of the Purchaser that the material covered by such licence or permit
or quota certificate is available or constitute any promise, undertaking
or assurance on the part of the Purchaser regarding the procurement of the
same or effect any variation in the rights and liabilities of the parties
under the contract. But, if by reason of any such assistance as aforesaid,
the Contractor obtains any materials at less than their market price or
the cost of production of the stores is lowered the price of the stores
payable under the contract shall be reduced proportionately, and the
extent of such reduction shall be determined by the Purchaser whose
decision shall be final and binding on the Contractor. (b)
Every effort made by the Purchaser to supply, or give assistance in the
procurement of materials, whether from the Government stock or by purchase
under a permit or release order issued by or on behalf of or under
authority from Government or by any officer empowered in that behalf by
law or under other arrangements made by the Purchaser shall be deemed to
be subject to the condition that it will be performed with due regard to
the other demands and only if it is found practicable to do so within the
stipulated time and the decision of the Purchaser whether it was
practicable to supply or give assistance as aforesaid or not shall be
final and binding on the Contractor. 1600.
Use of Raw Materials secured with Government Assistance. 1601.
(a) Where any
raw material is procured for the execution of a contract with the
assistance of the Government rendered in the form of permit, or licence or
quota certificate/essentiality certificate or release order issued by or
on behalf of or under the authority of the Government or by an officer
empowered in that behalf, or (b)
where the raw material is issued to the Contractor from Government
stock, or (c)
where advance payments are made to the Contractor to enable him to
purchase the raw material, or (d)
Where raw material is arranged by the Government, the Contractor— (i)
shall hold such material as trustee for the Government, (ii) Shall use
such material economically and solely for the purpose of the contract. (iii)
shall not dispose of the same without the previous permission in writing
of the Purchaser, and (iv)
shall render due account of such material and return to the Government at
such place as the Purchaser may direct all surplus or unserviceable
material that may be left after the completion of the contract or its
termination for any reason whatsoever. On
returning such material, the Contractor shall be entitled to such price
therefor as the Purchaser may fix, having regard to the condition of such
material. 1602.
Where the contract is terminated due to any default on the part of
the Contractor, the Contractor shall pay all transport charges incurred
for returning any material up to such
destination as may be determined by the Purchaser and the decision
of the Purchaser in that behalf shall be final and binding on the
Contractor. 1603.
If the Contractor commits breach of any of the conditions in this
clause specified, he shall, without prejudice to any other liability,
penal or otherwise, be liable to account to the Government for all moneys,
advantages or profits accruing from or which, in the usual course, would
have accrued to him by reason of such breach. 1604.
Where the stores manufactured or fabricated by the Contractor out
of the material arranged or procured by or on behalf of the Government are
rejected, the Contractor shall, without prejudice to any other right or
remedy of the Government, pay to the Government, on demand, the cost price
or market value of all such materials whichever is greater. 1700.
Indemnity. 1701.
The Contractor shall at all times indemnify the Purchaser against
all claims which may be made in respect of the stores for infringement of
any right protected by patent, registration of designs or trade mark.
Provided always that in the event of any claim in respect of
alleged breach of letters patent, registered designs or trade mark being
made against the Purchaser, the Purchaser shall notify the Contractor of
the same and the Contractor shall, at his own expense, either settle any
such dispute or conduct any litigation that may arise there from. 1702.
The Contractor shall not be liable for payment of any royalty,
licence fee or other expenses in respect of or for making use of patents
or designs with respect to which he is according to the terms of the
contract, to be treated as an agent of the Government for the purpose of
making use of patent or trade mark for fulfillment of the contract. 1800.
Packing. 1801.
The Contractor shall pack at his own cost the stores sufficiently
and properly for transit by rail/road, air and/or sea as provided in the
contract so as to ensure their being free from loss or damage on arrival
at their destination. 1802.
Unless otherwise, provided in the contract all containers
(including packing cases, boxes, tins, drums and wrappings) in which the
stores are supplied by the contractor, shall be considered as
non-returnable and their cost as having been included in the contract
price. 1803.
If the contract provides that the containers shall be returnable,
they must be marked 'returnable' and they will be returned to the
Contractor as per terms of the contract. 1804.
If the contract provides that returnable containers shall be
separately charged, they shall be invoiced by the Contractor at the price
specified in acceptance of tender.
In such cases, the Contractor shall give full credit for the
invoiced amount if the containers are returned to the Contractor.
Return of containers shall be made within a reasonable time and in
the event of any dispute or difference arising as to whether the
containers were so returned, the decision of the Purchaser thereon shall
be final and binding and the Purchaser may, in his discretion award, such
compensations as may in his opinion be proper for any undue delay in
returning the containers. 1805.
Each bale or package delivered under the contract shall be marked by the
Contractor at his own expense. Such marking shall be distinct (all
previous irrelevant marking being carefully obliterated) and shall clearly
indicate the description and quantity of the stores, the name and address
of the Consignee, the gross weight of the package and the name of the
Contractor with a distinctive number or mark sufficient for the purpose of
identification. All markings shall be carried out with such material as
may be found satisfactory by the Inspecting Officer as regards quickness
of drying, fastness and indelibility. 1806.
The Inspecting Officer may reject the stores if the stores are not
packed/or marked as aforesaid and in case where the packing materials are
separately prescribed, if such materials are not in accordance with the
terms of the contract. Such
rejection of the stores by the Inspecting Officer shall be final and
binding on the Contractor. 1807.
Each bale or package shall contain a packing note specifying the
name and address of the Contractor, the number and date of the acceptance
of tender or supply order and the designation of the Purchase Officer
issuing the supply order, the description of the stores and the quantity
contained in such bale or package. 1900.
Notification of Delivery. Notification
of delivery or despatch in regard to each and every installment shall be
made to the consignee and to the indenter immediately on despatch or
delivery. The Contractor shall further supply to the consignee, or the
interim consignee, as the case may be, a packing account Quoting number of
the acceptance of tender and/or supply or repeat and date of despatch of
the stores. All packages, containers, bundles and loose materials part of
each and every installment shall be fully described in the packing account
and full details of the contents of the packages and quantity of materials
shall be given to enable the consignee to check the stores on arrival at
destination. The Railway Receipt/Consignment Note or Bill of Lading, if
any, shall be forwarded to the consignee by registered post immediately on
the despatch of stores. The contractor shall bear and reimburse to the
Purchaser demurrage charges, if any, paid by reason of delay on the part
of the Contractor in forwarding the Railway Receipt, Consignment Note or
Bill of Lading. 2000.
Progress Reports. 2001.
The Contractor shall from time-to-time, render such reports
concerning the progress of the contract and/or supply of the stores in
such form as may be required by the Purchaser. 2002.
The submission, receipt and acceptance of such reports shall not
prejudice the rights of the Purchaser under the contract, nor shall
operate as an estoppels against Purchaser merely by reason of the fact
that he has not taken notice of/or subjected to test any information
contained in such report 2100.
Freight. The
stores shall be despatched at public tariff rates. In the case of f. o.
r., station of despatch contract, the storess shall be booked by the most
economical route or most economical tariff available at the time of
despatch as the case may be. Failure to do so will render the Contractor
liable for any avoidable expenditure caused to the Purchaser. Where
alternative routes exist, the Purchaser shall, if called upon to do so,
indicate the most economical route available, or name the authority whose
advice in the matter shall be taken and acted upon. If any advice of any
such authority is sought, his decision or advice in the matter shall be
final and binding on the Contractor, 2101.
In respect of road deliveries where the Municipal/local authorities
do not accept Octroi Duty exemption Certificate, the Octroi Duty shall be
borne by the Seller. 2200.
Removal of Rejected Stores. 2201.
On rejection of all stores submitted for inspection at a place
other than the premises of the Contractor, such stores shall be removed by
the Contractor at his own cost subject as hereinafther stipulated, within
21 days of the date of intimation of such rejection.
If the concerned communication is addressed and posted to the
Contractor at the address mentioned in the contract, it will be deemed to
have been served on him at the time when such communication would be in
the course of ordinary post reach the Contractor.
Provided that the Inspecting Officer may call upon the Contractor
to remove dangerous, infected or perishable stores within 48 hours of the
receipt of such communication and the decision of the Inspecting Officer
in this behalf shall be final in all respects.
Provided further that where the price or part thereof has been
paid, the consignee is entitled without prejudice to his other rights to
retain the rejected stores till the price paid for such stores is refunded
by the Contractor save that such retention shall not in any circumstances
be deemed to be acceptance of the stores or waiver of rejection thereon. 2202.
All rejected stores shall in any event and circumstances remain and
always be at the risk of the Contractor immediately on such rejection.
If such stores are not removed by the Contractor within the periods
aforementioned, the Inspection Officer may remove the rejected stores and
either return the same to the Contractor at his risk and cost by such mode
of transport as the Purchaser or Inspecting Officer may decide, or dispose
of such stores at the Contractor's risk and on his account and retain such
portion of the proceeds, if any from such disposal as may necessary to
recover any expense incurred in connection with such disposals (or any
price refundable as a consequence of such rejection).
The Purchaser shall, in addition, be entitled to recover from the
Contractor ground rent/demurrage charges on the rejected stores after the
expiry of the time-limit mentioned above. 2203.
The stores that have been despatched by rail and rejected after arrival at
destination may be taken back by the Contractor either at the station
where they were rejected or at the station from which they were sent,
after refunding the price paid for such stores and other charges
refundable as a consequence of such rejection. If the contract placed for
delivery f. o. r. station of despatch, the Contractor shall pay the
carriage charges on the rejected consignment at public tariff rates from
the station of despatch to the station where they are rejected. If the
Contractor elects to take back the goods at the station from which they
were despatched, the goods shall in addition, be booked back to him
freight to pay at public tariff rates and at owner's risk. The Contractor
shall be liable to reimburse packing and incidental costs and charges
incurred in such return or rejected stores in addition to other charges
refundable as a consequence of rejection. The goods shall remain the
property of the Contractor unless and until accepted by the Purchaser
after inspection. 2300.
System of
Payment. 2301.
Unless otherwise agreed upon between the parties, payment for
delivery of the stores will be made on submission of bills in the
prescribed form which may be obtained from the Purchase Officer in
accordance with the instructions given in the Acceptance of Tender, by a
cheque or demand draft on a branch of the Reserve Bank of India or State
Bank of India transacting government business as may be decided by the
Purchaser. 2302.
Payment for the stores or for each consignment thereof will be made
to the Contractor on submission of bills accompanied by required document
in accordance with the following procedure in contracts where such a
facility to the Contractor has specifically been agreed to by the
Purchaser:— (a)
95 per cent payments for the stores or each consignment thereof
will be made to the firms against proof of inspection and despatch.
The original railway receipt should be sent to the Accounts Officer
responsible for payment along with 95 per cent bill advising the
particulars of despatch to the consignee.
The Accounts Officer after passing the 95 per cent bill should pass
on the original railway receipt to the consignee for taking delivery of
the consignment. It
should, however, be ensured that there is no delay in the Accounts Office
transmitting the original railway receipt to the consignee. (b)
The balance 5 per cent shall be paid on receipt of the stores or
each consignment thereof in accordance with the terms of the contract in
good condition by the consignee, with a certificate to that effect
endorsed on the copy of the Inspection Note by the Consignee which shall
accompany the bill submitted by the Contractor. (c)
In the case of F.O.B. & C. & F. contract 95 per cent of the
price will be paid on presentation of shipping documents and inspection
certificate and the remaining 5 per cent on receipt of the stores in
accordance with the terms of the contract in good condition by the
Consignee, and on producing the certificate of such receipt endorsed on
one copy of the Inspection Note by the Consignee, or alternatively at the
Contractor's option, the full value of the stores will be paid after
inspection, on receipt of the consignment in accordance with the terms of
the contract in good condition by the Consignee and on producing a
certificate of such receipt endorsed on one copy of the Inspection Note. 2303.
In all other contracts or in contracts where the Inspecting Officer
also acts as the interim " consignee or where inspection is carried
on by the Consignee himself at destination and in all cases of local
delivery full payment shall be made on submission of "Final 100 per
cent bill" supported by the Inspection Certificates and consignee's
receipt as aforesaid to the Accounts Officer concerned. Note.—(1)
The system of 95 per cent and 5 per cent payment is not applicable to
claims amounting to Rs. 1000 or below.
In such cases only a single bill for value should be submitted. (2)
In the case of Running Contracts, the system of payment will be similar to
the above except that payment would be 98 per cent and 2 per cent instead
of 95 per cent and 5 per cent specified above. 2400.
Withholding and lien in respect of sums claimed. 2401.
Whenever any claim or claims for payment of a sum of money arises
out of or under the contract against the Contractor, the Purchaser shall
be entitled to withhold and also have a lien to retain such sum or sums in
whole or in part from the security, if any, deposited by the Contractor
and for the purpose aforesaid, the Purchaser shall be entitled to withhold
the said cash security deposit or the security, if any, furnished as the
case may be and also have a lien over the same pending finalisation or
adjudication of any such claim. In the event of the security being
insufficient to cover the claimed amount or amounts or if no security has
been taken from the Contractor, the Purchaser shall be entitled to
withhold and have lien to retain to the extent of the such claimed amount
or amounts referred to supra, from any sum or sums found payable or which
at any time thereafter may become payable to the Contractor under the same
contract or any other contract with the Purchaser or the Government
pending finalisation or adjudication of any such claim. It
is an agreed term of the contract that the sum of money or moneys so
withheld or retained under the lien referred to above, by the Purchaser
will be kept withheld or retained as such by the Purchaser till the claim
arising out of or under the contract is determined by the Arbitrator (if
the contract is governed by the arbitration clause) or by the competent
court as prescribed under Clause 2703 hereinafter provided, as the case
may be, and that the Contractor will have no claim for interest or damages
what so ever on any account in respect of such withholding or retention
under the lien referred to supra and duly notified as such to the
Contractor. 2402.
For the purpose of Clause 2401, where the Contractor is a
partnership firm or a limited company, the Purchaser shall be entitled to
withhold and also have a lien to retain towards such claimed amount or
amounts in whole or in part from any sum found payable to any
partner/limited company, as the case may be, whether in his individual
capacity or otherwise. 2403.
Lien in respect of Claims in other Contracts.—Any sum of money
due and payable to the Contractor (including the security deposit
returnable to him) under the contract may withhold or retain by way of
lien by the Purchaser or Government against any claim of the Purchaser or
Government in respect of payment of a sum of money arising out of or under
any other contract made by the Contractor with the Purchaser or
Government. It
is an agreed term of the contract that the sum of money so withheld or
retained under this clause by the Purchaser or Government will be kept
withheld or retained as such by the Purchaser or Government till his claim
arising out of the same contract or any other contract is either mutually
settled or determined by the arbitrator, if the contract is governed by
the arbitration clause or by the competent court under Clause 2703
hereinafter provided, as the case may be, and that the Contractor shall
have no claim for interest or damages whatsoever on this account or on any
other ground in respect of any sum of money withheld or retained under
this clause and duly notified as such to the Contractor. 2500.
Corrupt Practices. 2501.
The Contractor shall not offer or give or agree to give to any
person in the employment of the Purchaser or working under the orders of
the Purchaser any gift or consideration of any kind as an inducement or
reward for doing or for bearing to do or for having done or for borne to
do any act in relation to the obtaining or execution of the contract or
any other contract with the Purchaser or Government or for showing any
favour or for bearing to show disfavour to any person in relation to the
contract or any other contract with the Purchaser or Government.
Any breach of the aforesaid condition by the Contractor, or any one
employed by him or acting on his behalf (whether with or without the
knowledge of the Contractor) or the commission of any offence by the
Contractor or by any one employed by him or acting on his behalf under IX
of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947
or any other act enacted for the prevention of corruption by public
servants shall entile the Purchaser to cancel the contract and all or any
other contracts with the Contractor and to recover from the Contractor the
amount of any loss arising from such cancellation in accordance with the
provisions of Clauses 0600 and 0700. 2502.
Any dispute or difference in respect of either the interpretation
effect or application or the above condition or of the amount recoverable
thereunder by the Purchaser from the Contractor, shall be decided by the
Purchaser, whose decision there on shall be final and binding on the
Contractor. 2600.
Insolvency and Breach of Contract. 2601.
The Purchaser may at any time, by notice in writing summarily
determine the contract without compensation to the Contractor in any of
the following events, that is to say :— (a)
if the Contractor being an individual or if a firm, any partner thereof,
shall at any time, be adjudged insolvent or shall have a receiving order
or order for administration of his estate made against him or shall take
any proceeding for composition under any Insolvency Act for the time being
in force or make any conveyance or assignment of his effects or enter into
any assignment or composition with his creditors or suspend payment or if
the firm be dissolved under the Partnership Act, or (b)
if the Contractor being a company is wound up voluntarily or by the
order of a Court or a Receiver, Liquidator or Manager on behalf of the
Debenture—holders is appointed or circumstances shall have arisen which
entitle the Court or Debenture— holders to appoint a Receiver,
Liquidator or Manager, or (c)
if the Contractor commits any breach of the contract not herein
specifically provided for. Provided
always that such determination shall not prejudice any right of action or
remedy which shall have accrued or shall accrue there after to the
Purchaser and provided also the Contractor shall be liable to pay to the
Purchaser for any extra expenditure he is thereby put to and Contractor
shall, under no circumstances, be entitled to any given on re-purchase. 2700.
Laws governing the Contract. 2701.
This contract shall be governed by the Laws of India for the time
being in force. 2702.
Irrespective of the place of delivery, the place of performance or
place of payment under the contract, the contract shall be deemed to have
been made at the place from which the acceptance of tender has been
issued. 2703.
Jurisdiction of courts.—This Courts of the place from where the
acceptance of tender has been issued shall alone have jurisdiction to
decide any dispute arising out of or in respect of the contract. 2704.
Marking of stores.—The marking of the stores must comply with the
requirements of the laws relating to merchandise marks for the time being
in force in India. 2705.
Compliance with provisions of Contract Labour (Regulation and
Abolition) Act, 1970 :— (1)
The Contractor shall comply with the provisions of the Contract
Labour (Regulation and Abolition) Act, 1970 and the Contractor Labour
(Regulation and Abolition) Central Rules, 1971, as modified from
time-to-time, wherever applicable and shall also indemnify the Purchaser
from and against any claims under the aforesaid Act and the Rules. (2)
The Contractor shall obtain a valid licence under the aforesaid Act
as modified from time-to-time before the commencement of the contract and
continue to have a valid licence until the completion of the contract.
Any failure to fulfill this requirement shall attract the penal
provisions of the contract arising out of the resultant non-execution of
the contract. (3)
The Contractor shall pay to labour employed by him directly or
through Sub-Contractors the wages as per provisions of the aforesaid Act
and the Rules wherever applicable.
The Contractor, shall, notwithstanding the provisions of the
contract to the contrary, cause to be paid the wages to labour indirectly
engaged on the contract including any engaged by his Sub-Contractors in
connection with the said contract, as if the labour had been immediately
employed by him. (4)
In respect of all labour directly or indirectly employed in the
contract for performance of the Contractor's part of the contract, the
Contractor shall comply with or cause to be complied with the provisions
of the aforesaid Act and the Rules wherever applicable. (5)
In every case in which, by virtue of the provisions of the
aforesaid Act or the Rules, the Purchaser is obliged to pay any amount of
wages to a workman employed by the Contractor or his Sub-Contractor in
execution of the contract or to incur any expenditure in providing welfare
and health amenities required to be provided under the aforesaid Act and
the Rules or to incur any expenditure on account of the contingent
liability of the Purchaser due to the Contractor's failure to fulfill his
statutory obligations under the aforesaid Act or the Rules the Purchaser
will recover from the Contractor, the amount of wages so paid or the
amount of expenditure so incurred, and without prejudice to the rights of
the Purchaser under Section 20, Sub-section (2) and Section 21,
Sub-section (4) of the aforesaid Act, the Purchaser shall be at liberty to
recover such amount or part thereof by deducting it from the security
deposit and/or from any sum due by the Purchaser to the Contractor whether
under the contract or otherwise. The Purchaser shall not be bound to
contest any claim made against it under Sub-section ((i) of Section 20 and
Sub-section (4) of Section 21 of the aforesaid Act except on the written
request of the Contractor and upon his giving to the Purchaser full
security for all costs for which the Purchaser might become liable in
contesting such claim. The decision of the Purchaser regarding the amount
actually recoverable from the Contractor as stated above, shall be final
and binding on the Contractor. 2800.
Headings. The
headings of conditions here to shall not affect the construction thereof. 2900.
Arbitration. (a)
In the event of any question, dispute or difference arising under
these conditions or any special conditions of contract, or in connection
with this contract (except as to any matters the decision of which is
specially provided for by these or the special conditions) the same shall
be referred to the sole arbitration of a Gazetted Railway Officer
appointed to be the arbitrator, by the General Manager in the case of
contracts entered into by the Zonal Railways and Production Units; by any
Member of the Railway Board, in the case of contracts entered into by the
Railway Board and by the Head of the Organisation in respect of contracts
entered into by the other Organizations under the Ministry of Railways.
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. The
award of the arbitrator shall be final and binding on the parties to this
contract. (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 'arbitration 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 Act, 1940 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 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. 3000.
Fall Clause. The
contract if and when placed will be subject to following fall clause:— 3001. The price charged for the stores supplied under the Contract by the contractor shall in no event exceed the lowest price at which the contractor sells the stores or offer to sell stores of identical description. To any persons/organisations including the purchaser or any Department of the Central Government or any Railway Office or any Railway Undertaking, as the case may be during the period till performance of all Supply Orders placed during the currency of the contract is completed. The lower price will be applicable to supplies made after the date of coming into force of such reduction or sale or offer to sell at a reduced rate. 3002.
If at any time, during the said period the contractor reduces the
sale price, sells or offer to sell such stores to any persons organisation
including the purchaser or any Department of Central Government or any
Railway Office or any Railway Undertaking as the case may be at a price
lower than the price chargeable under the contract, he shall forthwith
notify such reduction or sale or offer of sale to the Purchaser and the
price payable under the contract for the stores supplied after the date of
coming into force or such reduction or sale or offer of sale shall stand
correspondingly reduced. The
above stipulation will, however, not apply to : (a)
Exports by the Contractor (b)
Sale of goods as original equipment at prices lower than the prices
charged for normal replacement. (c)
Sale of goods such as drugs which have expiry dates. 3003.
The Contractor shall furnish the following certificate to the
concerned Accounts Officer along with each bill for payment of supplies
made against the Rate Contract. *
I/We certify that there has been no reduction in sale price of the stores
of description identical to the stores supplied to the Government under
the contract herein and such stores have not been offered/ sold by me/us
to any person/organisation including the purchaser or any Department of
Central Government or any Railway Office or any Railway Undertaking as the
case may be upto the date of bill/ the date of completion of supplies
against all supply orders placed during the currency of the contract at a
price lower than the price charged to the Government under the contract
except for quantity of stores categories under sub-clauses (a), (b) and
(c) of sub-para (ii) above, details of which are as follows:— Note.—The
contractor will also inform the FA & CAO concerned and the COS as soon
as supplies against all supply order placed against the contract are
completed. INSPECTION
& REJECTION 3100.
Where under a contract, the price payable is fixed on F.O.R.
station of despatch basis, the Contractor shall, if the stores are
rejected at destination by the consignee be liable in addition to his
other liabilities, to reimburse to the Purchaser the freight paid by the
Purchaser. 3101.
Notification of Result of Inspection.—Unless otherwise provided
in the specification of schedule, the examination of the stores will be
made as soon as practicable after the same have been submitted for
inspection and the result of the examination will be notified to the
Contractor. 3102.
Inspection Notes.—On the stores being found acceptable by the
inspecting Officer he shall furnish the Contractor with necessary copies
of Inspection Notes duly completed, for being attached to the Contractor's
bill in support thereof. 3200.
Warranty/Guarantee— 3201.
The Contractor/Seller hereby covenants that it is a condition of
the contract that all goods/stores/articles furnished to the Purchaser
under this contract shall be of the highest grade, free of all defects and
faults and of the best materials, quality, manufacture and workmanship
throughout and consistent with the established and generally accepted
standards for materials of the type ordered and in full conformity with
the contract specification, drawing or sample, if any and shall, if
operable, operate properly. 3202.
The Contractor also guarantees that the said goods/stores/articles
would continue to conform to the description and quality as aforesaid, for
a period of 30 months after their delivery or 24 months from the date of
placement in service whichever shall be sooner, and this warranty shall
survive notwithstanding the fact that the goods/stores/articles may have
been inspected, accepted and payment therefore made by the Purchaser. 3203.
If during the aforesaid period, the said goods/stores/articles be
discovered not to conform to the description and quality aforesaid or have
deteriorated, otherwise that by fair wear and tear the decision of the
Purchaser in that behalf being final and conclusive that the Purchaser
will be entitled to reject the said goods/stores/articles or such portions
thereof as may be discovered not to conform to the said description and
quality. On such rejection, the goods/stores/articles will be at the
Seller's risk. If
the Contractor/Seller so desires, the rejected goods may be taken over by
him or his agents for disposal in such manner as he may deem fit within a
period of 3 months from the date of such rejection. At the expiry of the
period, no claim whatsoever shall lie against the Purchaser in respect of
the said goods/stores/articles, which may be disposed of by the Purchaser
in such manner as he thinks fit. Without prejudice to the generality of
the foregoing, all the provisions in the Indian Railways Standard
Conditions of Contract relating to the 'rejection of stores' and 'failure'
and 'termination' add and Clause 3100-02 above shall apply. 3204.
The Contractor/Seller shall, if required, replace the goods or such
portion thereof as have been rejected by the Purchaser, free of cost, at
the ultimate destination, or at the option of the Purchaser, the
Contractor/Seller shall pay to the Purchaser, the value thereof at the
contract price and such other expenditure and damage as may arise by
reason of the breach of the conditions herein before specified. Nothing
herein contained shall prejudice any other right of the Purchaser in that
behalf under this contract or otherwise. 3300.
Book Examination Clause—The Government reserves the right for 'Book
Examination' as follows :— (i)
The Contractor shall whenever called upon and requiring to produce or
cause to be produced for examination by any Government Officer duly
authorised in that behalf, any cost or other account book of account,
voucher, receipt, letter, memorandum, paper or writing or any copy of or
extract from any such document and also furnish information any way
relating to such transaction and procedure before the duly authorised
Government Officer returns verified in such manner as may be required
relating in any way to the execution of this contract or relevent for
verifying or ascertaining the cost of execution of this contract (the
decision of such Government Officer on the question of relevancy of any
document, information of return being final and binding on the parties). The
obligation imposed by this clause is without prejudice to the obligation
of the contractor under any statute, rules or orders shall be binding on
the Contractor. (ii)
The Contractor shall, if the authorised Government Officer so requires
(whether before or after the prices have been finally fixed), afford
facilities to the Government Officer concerned to visit the Contractor's
works for the purpose of examining the processes of manufacture and
estimating or ascertaining the cost of production of the articles. If any
portion of the work be entrusted or carried out by a sub-contractor or any
of its subsidiary or allied firm or company, the authorised Government
Officer shall have power to examine all the relevant books of such
sub-contractor or any subsidiary or allied firm or company shall be open
to his inspection as mentioned in clause (i). (iii)
If on such examination, it is established that the contracted price is in
excess of the actual cost plus reasonable margin of profit, the Purchaser
shall have the right to reduce the price and determine the amount to a
reasonable level. (iv)
Where a contract provides for book examination clause, the Contractor or
its agency is bound to allow examination of its books within a period of
60 days from the date the notice is received by the Contractor, or its
agencies calling for the production of documents as under clause (i)
above. In the event of Contractor's or his agency's failure to do so, the
contract price would be reduced and determined according to the best judgment
of the Purchaser which would be final and binding on the Contractor and
his agencies. 3400.
Inspection at the Fag End of the Delivery Period—In cases where only a
portion of the stores ordered is tendered for inspection at the Fag end of
the delivery period and also in cases where inspection is not completed in
respect of the portion of the stores tendered for inspection during the
delivery period, the Purchaser reserves the right to cancel the balance
quantity not tendered for inspection within the delivery period fixed in
the contract at the risk and expense of the Contractor without any further
reference to him. If the stores tendered for inspection during or at the
fag end of the delivery period are not found acceptable after carrying out
the inspection, the purchaser is entitled to cancel the contract in
respect of the same at the risk and expense of the contractor. If,
however, the stores tendered for inspection are found acceptable, the
Purchaser may grant an extension of the delivery period subject to the
following conditions :— (a)
The Purchaser has the right to recover from the contractor under the
provision of clause 0702 (a) of I.R.S. Conditions of Contract liquidated
damages on the stores which the Contractor has failed to deliver within
the period fixed for delivery. (b)
That no increase in price on account of any statutory increase in
or fresh imposition of Customs Duty, Excise Duty, Sales Tax on account of
Foreign Exchange variation or on account of any other tax or duty leviable
in respect of stores specified in the contract which takes place after the
date of the delivery period stipulated in the contract shall be admissible
on such of the said stores as are delivered after the date of the delivery
stipulated in the contract. (c)
That notwithstanding any stipulation in the contract for increase
in price on any other ground no such increase which takes place after the
date of the delivery stipulated in the contract shall be admissible on
such of the said stores as are delivered after the expiry of the delivery
period stipulated in the contract (d)
But nevertheless, the Purchaser shall be entitled to the benefit of
any decrease in price on account of reduction in or remission of Custom
Duty, Sales Tax or on account of Foreign Exchange variation or on account
of any other Tax or Duty or on other ground as stipulated in the price
variation clause which takes place after the expiry of the date of
delivery period stipulated in the contract. 3401.
The Contractor shall not despatch the Stores till such time as an
extension in terms of para 3400 (a) to (d) above is granted by the
Purchaser and accepted by the Contractor. If the stores are despatched by
the Contractor before an extension letter as aforesaid is issued by the
Purchaser and the same are accepted by the Consignee, the acceptance of
the stores shall be deemed to be subject to the conditions (a) to (d)
mentioned in the paragraph 3400 above. 3402.
In case where the entire quantity has not been tendered for
inspection within the delivery period stipulated in the contract and the
Purchaser chooses to grant an extension of the deli very period the same
would be subject to conditions (a) to (d) mentioned in the paragraph 3400
above. 3500.
These (special) conditions wherever they differ from the Invitation
to Tender and Instruction to Tenderers override the latter. (ADDITIONAL)
SPECIAL CONDITIONS (Vide
Para 417-S) In
addition to Standard Conditions of Contract, the following special
conditions shall apply to (Running) Contract:— 3600.
Purpose of Contract and Parties to the Contract 3601.
The parties to the contract, which shall be deemed to be a
"Running Contract" and which is intended for the supply of the
stores of the descriptions and approximately in the quantities setforth in
the contract during the period specified therein, shall be the Contractor
of the one part and the authorities named in the contract hereinafter
called the Purchaser (which expression shall, where the context so admits
or implies, be deemed to include his successors and assigns) of the other
part. The quantities shown in the said Contract, are only approximate, and
cannot be guaranteed. 3602.
The Purchaser may authorise any officer (who shall hereinafter be
called Direct Demanding Officer) at any time during the period of the
contract, to place orders direct on the Contractor. 3603.
Any variation of this contract shall not be binding on the
Purchaser unless or until same is endorsed on the contract or incorporated
in a formal instrument in exchange of letters and signed by the parties. 3700.
Delivery. 3701. The Contractor shall as may be required by the Purchaser either deliver free or f.o.r. or c.i.f. at the place or places specified in the contract such quantities of the stores detailed in the said contract as may be ordered direct from the Contractor from time-to-time by the Purchaser or by the Direct Demanding Officer. The Contractor shall deliver or despatch the full quantity of the stores so ordered within the period specified in the said contract. 172
3800. Increase or
Decrease of Quantities. The
Purchaser shall be entitled at any time to increase or decrease the
approximate total quantities of each description of stores shown in the
said contract by not more than 30 per cent and will give reasonable notice
in writing of any such increase or decrease to the Contractor. 3900.
Maintenance and Replacement of Stocks. 3901.
To meet casual demands, the Contractor shall maintain at all time
in stock (until 75 per cent of the requirements have been drawn), at the
place(s) specified in the contract, the quantity/quantities mentioned
therein. All demands should be complied with immediately they are received
by the Contractor or within the period, if any, stipulated in individual
orders. As soon as the Contractor is called upon to effect supplies, he
shall take action to replenish the guaranteed stocks until such time as 75
percent of the total approximate requirement has been drawn and such
replenishment shall be completed with the period specified in the
contract, after the receipt by the Contractor of casual demands. Due
notice will be given to the Contractor by the Direct Demanding Officers or
by the Purchaser, if any additional quantities over and above 75 per cent
of the total approximate requirements are required and Contractor shall
then arrange stocks accordingly. 3902.
The period for replenishment of stocks will be allowed only if the
material is not in stock. If the material is in stock, this Provision will
be inoperative even though the guaranteed stock quantity may have been
supplied against the contract. 4000.
Reporting Progress of Contract. The
Contractor shall, three calendar months before the termination of the
contract or at such intervals as may be specified in the contract, submit
a report to the Purchaser stating the total quantity of stores delivered
or despatched under the contract. 4100.
Special conditions where they differ from Standard Conditions
override the latter. APPENDIX VI REVISED LIST OF STORES TO BE PURCHASED THROUGH THE DIERCTORATE GENERAL OF SUPPLIES AND DISPOSAL. (Vide Paragraph 801) All items of stores mentioned in this list should be purchased through the Directorate General of Supplies & Disposal whether classified under the heads under which they are shown in the list or under any other heads in the Indian Railway classification of stores. (Group 65, 66 & 67) - Engineering Plant and components. Blocks Pully. Road rollers. Ropes, wire, of all kinds. Weighing-machines (Group 65, 66, 72 & 78) - Workshop machinery, plant and equipments including Pneumatic machinery and tools. Air compressor, (Excluding those required for rolling stock) Fans and blowers, foundry and forge Small tools (such as milling cutters, reamers, twists drills, etc.) grinding wheels of approved brands as recommended by railways. (Group 67)- Road motors and parts and fittings. Motor vehicles and accessories. Tyres, motor Tyres, motor cycle. Tyres, pneumatic, motor cycle. Tyres, pneumatic, motor. (Group 61)- Building Material etc. All brass and gun metal water fittings, such as stopcocks, bib cocks, etc. Boards, sign, enameled, iron. Meters, water. (Group 62) - Pipes, fittings and Specials (Cast Iron, Wrought Iron and Steel, Gas Water and Steam Qualities). Pipes, Earthenware, Glazed. Tanks, cast iron, mild steel and pressed steel including staging where necessary Valves, sluice. Wire, barbed. (Group 73 & 74) Hardware, copper, tin and zincware. Bolts and nuts all kinds and sizes. Hings, of all kinds. Locks, drawer, cupboard and box. Locks, pad, black, galvanized and brass. Rivets of all kinds and sizes. (Group 78) - Furniture, Crockery, Cutlery, Napery, etc. Almirahs, racks and shelving steel. Crockery. Hospital equipment e.g. beds, ward furniture, sterilizers X-ray apparatus, etc. Mattresses. Stores and cooking ranges other than stores and ranges required for rolling stocks. (Group 70, 71, 75, 79, 80, 81, 82, 84 & 86 ) - Miscellaneous Stores, Lubricating Oils, Grease etc. Accetylene gas dissolved. Acid, sulphuric, nitric and hydrochloric. Alumina ferric. All glass other than window glass and glassware. Bags, Jute, canvas, cotton and hemp. Cleaning compositions in common (e.g. soaps, soft and hard). Coir, fibre, yarn, matting and door mats. Cement, Portland. Emery cloth. Explosives, e.g. Dynamite, powder blasting etc. Fire extinguishers. Fluids, disinfecting Oxygen. Tents and tent components (all descriptions except wooden tent pegs.). Twine, jute, flax, hamp and cotton. (Group 47) - Generators, Switchgear, etc. All electrical measuring instruments and meters with accessories. (Group 46) - Distribution and transmission line materials. (Excluding items required for manufacturing, operation an maintenance of rolling stock) Conductors, bare. Cables, insulated, electric (all kinds). Piping, conduit, steel, enameled and insulated. (Group 40 & 41) - Electrical Fittings, Cables and Insulating materials. Fans, Ceiling. Fittings, electric, e.g. ceiling roses, lamp holders, wall plugs, etc. Lamps, filament. Plugs. Switches (excluding train lighting unless of normal type and similar to house switches). Tape, adhesive, insulating. Electrical heating appliances, Electrical fitting for external lighting including flood lights and flood light fitting. (Authority Board's letter No. 98/RS (G)/779/10(CS) dated 01-11-2006.)--acs no. 15 page no. 173 to 178 ------- REVISED SCHEDULE OF STATIONERY FOR USE IN STATIONS AND OFFICES (Vide Paragraph 1117)
*Not to be issued to stations, running sheds, train examining staff and staff of similar small offices. Detailed
reasons for revision. 1.
Group number indicated in place of old Alphabetical class of
Stores. 2.
Equivalent/commonly used sizes in metric system given in place of
in inches. 3. Conventional items like F. Pen, ink, ink powder, Nibs etc. deleted as Board's letter No. 73/RS (G)/74O/1, dt.5-7-82.
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