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CENTRAL RAILWAY
TENDER BOOKLET
MEDICAL DEPARTMENT MUMBAI DIVISION
SCOPE AND SPECIAL TERMS AND CONDITIONS FOR PROVIDING
EMERGENCY MEDICAL SERVICES IN THE EMERGENCY MEDICAL
ROOMS AT THE RAILWAY STATIONS.
Tender No. DRH KYN / PIL / EMR / 23/2018
Name of
Work Contract for Operation of Emergency Medical Room (EMR)
Stations
(1) Lokmanya Tilak Terminus (2) Kasara, (3) Diva, (4) Vadala Road, (5) Vashi, (6) Govandi, (7) Mulund, (8) Ghatkopar, (9) Kurla, (10) Kalyan, (11) Dombivali, (12) Mumbra, (13) Byculla, (14) Dadar, (15) Karjat, (16) Panvel, (17) Sion, (18) Vikhroli, (19) Kalva, (20) Ambernath, (21) Bhandup, (22) Ulhasnagar and (23) Chembur
Period of Contract Five (05) years
Tender
Book Cost Rs. 2,000/-
E.M.D. Rs. 25,000/- per EMR Rs. Twenty Five Thousands Only per EMR
Date & Time of Opening
06/08/2018 at 15.30 Hrs.
Chief Medical SuperintendentDivision Railway Hospital,
Kalyan
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NOTIFICATION Tender Notice No. DRH KYN / PIL / EMR / 23 / 2018 Date :17/07/2018
Chief Medical Superintendent, Divisional Railway Hospital Kalyan for and on
behalf of President of India, invites Open Tender from Public and Private Hospital
/ Nursing Home / Polyclinic / clinics / Private Practitioners / Companies / Firms /
Institutions / NGO's involved in healthcare for providing round the clock
Emergency Medical services in Emergency Medical Room (EMR) at Lokmanya
Tilak Terminus (LTT), Kasara, Diva, Vadala Road, Vashi, Govandi, Mulund,
Ghatkopar, Kurla, Kalyan, Dombivali, Mumbra, Byculla, Dadar, Karjat, Panvel,
Sion, Vokhroli, Kalva, Ambernath, Bhandup, Ulhasnagar and Chembur Railway
Stations Free of Cost to the bonafide injured Railway passengers with permission
to set up a Retail Medical Store, Private Medical consultancy on payment basis to
bonafide Railway commuters (when not attending to bonafide injured Railway
passengers) for a period of FIVE (05) years on payment of License Fee to
Railways.
Interested Bidders may submit their Bid along with requisite Earnest Money
Deposit of Rs.25,000/- (Rupees Twenty Five Thousand Only), drawn in the form
of DD /Pay Order / Banker's Cheque in f/o Sr. DFM, C. Rly., Mumbai CST, in a
sealed cover addressed to the Office of the Chief Medical Superintendent,
Divisional Railway Hospital, Kalyan DD should be of the Nationalised OR
Scheduled banks or receipt from Chief Cashier, Central Railway. EMD in any
other mode is not acceptable.
Earnest Money Deposit: Rs.25,000/- (Rupees Twenty Five Thousand Only)
For further details please log on to / visit the CENTRAL RAILWAY website
www.cr.indianrailways.gov.in
The tenderer can download the tender document through internet, in such case
in addition to Demand Draft towards Earnest Money Deposit, a separate Demand
Draft drawn in favor of Chief Cashier, Central Railway, Mumbai Chhatrapati
Shivaji Maharaj Terminus should be submitted towards the cost of tender form.
For any clarification, interested parties may contact CMS/DRH Kalyan.
Date and Time of Issue of Revised Tender Document till 12hrs of 06/08/2018.
Last Date and Time for submission of Tender: 06/08/2018 at 15.00 hrs.
Date and Time of Opening of offers : Date: 06/08/2018, Time: 15:30 hrs
Validity of offer: Offer should be kept valid for 90 days from the date of
opening.
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Chief Medical Superintendent Division Railway Hospital,
Kalyan
LIST OF STATIONS AND LOCATIONS OF EMERGENCY MEDICAL ROOMS
Sr No.
Station Location Access from Non
Ticketing Area
Area of Medical Store
(In Sq. ft.)
1 LTT At old station building Yes As mentioned in Sketch. However, the actual location and area may be physically seen by
the interested bidders before
submitting their Bids.
It will be deemed that the Bidders have physically
verified the location and area before
submission of Bids. Any
complaint/grievance in this regard will
not be entertained.
2 Kasara Concourse area Yes 3 Diva On East side near
upcoming New FOB Yes
4 Wadala Road PF No. 1 towards CSMT end
No
5 Vashi On West side concourse Panvel end
Yes
6 Govandi On East side concourse main entrance
Yes
7 Mulund Near Pay & Park on West side concourse
middle entrance
Yes
8 Ghatkopar On East Side near RPF Office
Yes
9 Kurla On circulating area on East Side towards
Thane end
Yes
10 Kalyan East side near GRP Police Station towards
Karjat end
Yes
11 Dombivli Middle of PF No. 5 No 12 Mumbra On East side concourse Yes 13 Byculla On West side
concourse, CSMT end Yes
14 Dadar Middle of PF No. 6 No 15 Karjat Concourse on West
Near Lonavala side entrance to Station
Yes
16 Panvel On East side near Booking Office & Pay
an Park
Yes
17 Sion On West Side open area Thane end
Yes
18 Vikhroli On West side concourse middle of PF
Yes
19 Kalva On the way out from PF No. 1 towards
Thane end
Yes
20 Ambernath On East side concourse Yes 21 Bhandup At the concourse
entrance of PF No. 1 Yes
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22 Ulhasnagar On East side concourse Yes 23 Chembur On East side concourse
main entrance Yes
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TENDER FORM
To The President of India Through Chief Medical Superintendant, Divisional Railway Hospital, Kalyan Sub: - Operation of Emergency Medical Room at ……………. Station
******* I/We_________________________________________________________
___ have read all the Terms and conditions to tender document & Draft
agreement annexed to the tender document, and understood the same, and
I/We hereby agree to abide by the conditions/stipulations mentioned therein.
I/We also gone through and hereby agree to abide by the General conditions
of contract for Services issued by Ministry of Railways, Railway Board.
I / We also agree to keep this tender open for acceptance for a period of 90
days from the date of opening of the tender and for a further extension
period mutually agreed upon. If required, and if default thereof, I/We will be
liable for forfeiture of my/our earnest money deposit.
The requisite earnest money as specified in the tender notice is herewith
forwarded as Earnest Money Deposit. The full value of the earnest money
shall stand forfeited without prejudice to any other right or remedies in case
my/our tender is accepted and if I/We do not make the License fee payment
and submit requisite security deposit within the prescribed time limit,
resulting in withdrawal of the offer.
I/We agree that until a format agreement is prepared and executed,
acceptance of this tender & terms and conditions stipulated in the Letter of
Acceptance of my / our offer for this work shall constitute a binding contract.
I/We agree that payment of stamp duty if any, for the agreement to be
executed in pursuance of this tender including all other costs will be borne
and paid by us, being the successful Licensee undertaking the work.
The tender document containing the terms and conditions are returned
herewith duly signed on each page in token of my/our acceptance. I/We
submit the tender with the following details and offer:
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1. Full Name of the Bidder (In Block Letters)
2.
Legal status of the Bidder (I.e. Whether the Bidder is Public and Private Hospital / Nursing Home / Clinic, Poly Clinic / Private Practitioner, Proprietary/Partnership Firm, Company Pvt. Ltd. Or Public Ltd.), NGO etc. If applicants are firms (proprietary or partnership), Company (NGO. full details along with supporting documents should be submitted).
3. Whether involved in Health Care (Supporting documents should be submitted)
4.
Full Office addresses with Pin Code and phone No. / Fax no. Email
6. Pan No. TIN No./ GST Registration No. (Documentary proof)
……………………………………………… ……………………………………………… ………………………………………………
7. EMD Details : Amount in Rs.25,000/-
DD / FDR No. Dated Issuing Office / Bank………………….……………………………………………………
8. Whether debarred / Blacklisted by any Railway Administration, Government of India or State Government or any other local body. (Affidavit on Stampp Paper valued Rs.100/- duly notarized is mandatory)
YES / NO.
9 Bid for annual License fee Rs. ……………………. (in figures) Rs…………………………………………… ……………………………..( in words)
List of Enclosures:
1) ……………………………………………………………. 2) ……………………………………………………………... 3) ………………………………………………………………….. 4) ……………………………………………………………………. 5) ……………………………………………………………………. 6) ……………………………………………………………………..
SIGNATURE OF THE TENDERER(S): NAME of Tenderer ADDRESS: DATE : Phone No. :
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CHAPTER-I
INSTRUCTIONS TO TENDERERS
1. ELIGIBILITY & SCOPE OF WORK:
Chief Medical Superintendent, Divisional Railway Hospital Kalyan for and
on behalf of President of India, invites Open Tender from Public and
Private Hospital / Nursing Home / Polyclinic / clinics / Private Practitioners
/ Companies / Firms / Institutions / NGO's involved in healthcare for
providing round the clock Emergency Medical services in
Emergency Medical Rooms (EMR) at Lokmanya Tilak Terminus
(LTT), Kasara, Diva, Vadala Road, Vashi, Govandi, Mulund,
Ghatkopar, Kurla, Kalyan, Dombivali, Mumbra, Byculla, Dadar,
Karjat, Panvel, Sion, Vokhroli, Kalva, Ambernath, Bhandup,
Ulhasnagar and Chembur Railway Stations Free of Cost to the
bonafide injured Railway passengers; shifting the bonafide injured
Railway passengers after First Aid to the nearest Govt./Pvt. Hospitals for
further treatment; using the Emergency Medical Room for setting up a
small Retail Medical Store as well as for Private Medical consultancy on
payment basis to bonafide Railway commuters ( when not attending to
bonafide injured Railway passengers) for a period of FIVE (05) years
on payment of License Fee to Railways.
2. If the bidder is willing to submit offer for EMR at more than one station,
separate Tender shall be submitted for each EMR. All documents and EMD
shall be separately submitted for each EMR.
3. All offers and entries shall be typed or hand written neatly in English.
4. Tenderer shall submit all documents/certificates as asked for along with
their Tender as per the eligibility criteria & Terms and Conditions of the
tender, failing which their tender shall be rejected. Photocopies of all the
documents etc. submitted by tenderer should be self attested. Railway
Administration reserves the right to verify the contents of documents,
affidavit from the department concerned, either before award of, or during
the currency of the contract. Furnishing of false document, affidavit would
automatically lead to termination / cancellation of the tender / contract
including forfeiture of security deposit and initiation of legal proceedings
against the Tenderer / contractor.
5. Each and every page of entire tender form is to be signed by the
authorized signatory of the Hospital/Clinic/Poly Clinic/Nursing
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Home/Private Practioner/firm/company/agency. The tender forms without
signatures are liable to be rejected. Letter of such Authorisation by the
Tenderer shall also be submitted.
6. The tender must be submitted in sealed cover and should be
superscripted: "Tender for Operation of EMR at ………….. Station” &
“Name & Address of the Tenderer”. The same must be dropped in
tender box kept for this purpose in the office of Chief Medical
Superintendant, Kalyan Railway Hospital, Ground Floor Kalyan not later
than 15.00 hrs. on 06.08.2018 The box will be sealed at 15.00 hrs on
06.08.2018 and will be opened at 15:30 hrs on 06.08.2018 in the
presence of Tenderer or their authorized representatives duly holding
authority letter.
7. If the tender is unable to be opened on the date mentioned due to the
date of opening is declared as Holiday or for any other reason which is not
under control of Railway Administration, the tender will be opened on next
working day at the same time and place.
8. The tender containing any correction must be attested by the Tenderer
failing which tender submitted is liable to be rejected. However, no
alteration, modification, erasure on the typed script of tender form issued
by Railway Administration will be allowed.
9. Railway Administration reserves the right not to consider conditional
tender and to reject the conditional tenders without assigning any
reasons.
10. The Tenderer(s) shall not take any advantage of any misinterpretation of
the conditions due to typing or any other error and if in doubt shall bring it
to the notice of the administration, without delay. No claim for the
misinterpretation shall be entertained. All tenders shall be submitted in
the prescribed forms in accordance failing which they are liable to be
rejected. Tenderer shall quote his/their offer / rate in the Tender Form
(enclosed).
11. The Earnest Money Deposit (EMD):
a. Earnest Money Deposit of Rs.25,000/- (Rupees Twenty Five
Thousand Only), drawn in the form of DD /Pay Order / Banker's
Cheque in f/o Sr. DFM, C.Rly., Mumbai CST shall be submitted along
with Tender.
b. Separate EMD shall be submitted for each EMR.
c. The EMD should be furnished in any of the following forms:
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i. Fixed Deposit Receipt drawn in favour of Chief Cashier, C. Rly
Mumbai CSMT on account of the tenderer issued by any of the
nationalized bank / scheduled bank approved by Reserve Bank
of India.
ii. Pay Order and Demand Draft should be drawn in favour of Chief
Cashier, Central Railway, Mumbai CSMT. And endorsed as
“Account Payee”
d. Tenderer should note that EMD in the form of cash or bank guarantee
will not be accepted.
e. Government Securities, stock certification cash bonds, promissory
notes, and cash certificates, etc. will not be accepted.
f. No reference to the previous deposit of earnest money and security
deposit for adjustment against the present tender will be accepted and
any request for recovery from any security deposit against present
tender will be entertained.
g. The EMD of the successful tenderer will be adjusted against the
Security Deposit.
h. If the successful tenderer fails to honor the contract and to deposit the
license fee within 30 days from the date of acceptance, of the offer
then the EMD shall be liable to be forfeited by the railways.
i. The railways will return the EMD of all unsuccessful tenderer within
reasonable time after the finalization of the tender.
12. The Tenderer shall have to furnish an affidavit on Non-Judicial
stamp paper of Rs.100/- duly notarised indicating that He / She /
They have not been debarred / blacklisted by any Railway
Administration, Government of India or State Government or any
Civic body,.
13. Only those tenders shall be evaluated / considered whose EMD is found
valid. Thereafter, tender shall be evaluated /considered in respect of
eligibility criteria and financial Bid.
14. Experienced and qualified firms having proven credentials and
unblemished performance in reputed / major establishments for similar
works should only apply along with supporting documents.
15. Any ambiguous offers shall be rejected without assigning any reason.
16. Tenderer shall quote his/their bid for annual license fees in the
column/form provided for the same.
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17. If a Tenderer expires after the submission of the tender or after the
acceptance, of his tender, the Railway Administration may deem such
tender or contract as cancelled. If a partner of a firm expires after
submission of his/their tender or after acceptance of his/their tenders, the
Railway Administration may deem such tender or contract as cancelled
unless the firm retains its original character.
18. Method of tendering:
The tender will be in Single packet open tender system. The tender will be
opened on the date and place indicated in the Notice of Invitation to
Tenderer/s. Offers of Eligible Bidders will be evaluated on the basis of
Financial Bids. If more than one highest bidder are having same offer the
successful bidder will be decided through Lottery System to be drawn in
presence of such all bidders.
19. Validity of offer: The Tenderer shall keep the offer open for a minimum
period of 90 days from the date of opening of tender. Within that period,
the Tenderer cannot withdraw his offer. This is subject to the period being
extended further if required by mutual agreement from time to time. Any
contravention of the above condition will make the Tenderer liable for
forfeiture of his Earnest Money Deposit.
20. Wrong information by Tenderer: If the Tenderer/s deliberately give/s
wrong information in his/their tender, create/s circumstances for the
acceptance of his/their tender, the Railway reserves the right to reject
such tender/contract at any stage.
21. Compliance to tender conditions & Specifications:
The intending Tenderer is advised to physically check the locations / sites
and condition of the EMR & Medical Store area. The intending Tenderer
can approach the Chief Medical Superintendant Kalyan for any other
information and clarifications. Any submission of tender quotation by the
Tenderer shall be deemed to have done after a careful checking and
understanding of locations and latest position of EMR & Medical Store area
to avoid difficulties or problems later on.
22. Authority for acceptance:
The authority for the acceptance of the tender will rest with the Railway
Authority, for and on behalf of President of India, who shall not be bound
to accept the highest or any tender or to assign any reason for non-
acceptance or rejection of a tender. The Railway Authority reserves the
right to accept any tender in respect of the whole or any portion of the
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work specified in the tender paper or to sub-divide the work among
different Tenderer or to reduce the work or to accept any tender for less
than the tendered quantities without assigning any reason whatsoever.
23. Agreement:
i. The successful Tenderer/s shall be required to execute an agreement
with the President of India acting through the Chief Medical
Superintendent, Kalyan within 30 days from the Letter of Acceptance.
ii. The Contract shall be governed by the Terms and Conditions as
mentioned in the Agreement given in Chapter-II to this Tender
Document.
24. Any conditional offer will be summarily rejected.
*****
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CHAPTER-II
TERMS AND CONDITIONS GOVERNING CONTRACT
AGREEMENT
THIS AGREEMENT made this ____ day of _____________,2018.
between the President of India. Represented by the Chief Medical
Superintendent, Central Railway having Office at Divisional Railway
Hospital, Kalyan, herein afterwards called the "Railway Administration"
(which term shall unless excluded by or is repugnant to the context, be
deemed to include its heirs, representative, successors and assigns) of the
one part, and _____________________________ having registered office
at ____________________________________________ of the other
part , hereinafter called the “LICENSEE" (which term shall unless
excluded by or is repugnant to the context, be deemed to include its heirs,
representative, successors and assigns of the Licensee).
WHEREAS the Railway Administration is entitled in "Law" to grant License
at its _____________ Railway Station for the purpose of Operation of
Emergency Medical Room so as to provide amenities and facilities to the
passengers and visitors at stations and is in possession of space, more
fully described in the Schedule hereunder and in the plan annexed to the
Letter of Acceptance, hereinafter referred to as the Premises.
WHEREAS the Emergency Medical Service Provider i.e.
______________________________________ is desirous to render
the services to the Railway Administration on the terms and conditions
mentioned hereunder :
1. The period of contract shall be 5 (Five) years only from ……………… to
………………
2. Security Deposit (SD): Licensee shall deposit Security Deposit of Rs.
50,000/- or 25% of the quoted amount/annual license fees, whichever is
higher. No interest whatsoever will be payable upon the Earnest Money and
Security Deposit. Whenever the contract is rescinded, the Security Deposit
shall be forfeited. The Licensee has accordingly deposited Rs. ………./- (Rs.
………………………………………. Only ) towards Security Deposit through DD No.
………………………. Dated ……………………..
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3. The Licensee shall pay License fees of Rs.……………../-
(Rs.…………………………..only) in advance on quarterly basis before
commencement of due period of quarter. In the event of failure to pay the
license fee and other charges by due dates, simple interest @12% P.A be
payable on all delayed payments without prejudice to the Railway
Administration's other rights and remedies.
4. The primary aim of Emergency Medical Room at the Railway station is to
provide First Aid Medical Assistance Free of Cost to the bonafide railway
passengers who have been injured due to falling from train/run over
cases/etc. during the course of their train journey.
5. Central Railway shall provide the space for Emergency Medical Room &
Space for Medical store.
6. Being a self-sustainable model, the Licensee is permitted to set up a small
Retail Medical Store in the space earmarked in the Emergency Medical Room
(EMR) for sale of medicines at the prescribed rates to the person other than
the bonafide railway injured passengers / commuters. The Licensee shall not
be permitted to sale any item/article other than medicines. The medicines /
injections etc. required for the treatment of the bonafide injured railway
passengers shall be provided Free of Cost only.
7. The area available for EMR is …………….Sq ft. & Medical Store is ……………. Sq.
ft. Sketch Attached as Annexure-A.
8. The Licensee can set up a small Laboratory/Sample Collection in the EMR
and also have enrolment for health check up.
9. The Licensee shall not have any claim on the Railway Property / Premises
whatsoever.
10.The Licensee shall provide Emergency Medical Services round the clock in the
Emergency Medical Room at the Railway station.
11.For medical services in EMR one Medical Officer with minimum qualification
of MBBS/BAMS/BUMS/BHMS who may have undergone BLS/ALS course of
State Government and two trained Paramedical staff/dresser shall be made
available by the Licensee.
12.The Licensee shall arrange to assist the station authorities in bringing the
victim from site to EMR, as per requirement.
13.Electricity and water shall be provided by the Central Railway free of cost.
14.All medical equipments and medicines as listed in Annexure-I to this
Agreement shall be made available in the EMR by the licensee. The Chief
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Medical Superintendent, Kalyan may extend or modify the same as per
requirement.
15.The bonafide injured railway passenger shall be attended on top priority by
the Medical Officer on duty, who shall render the requisite medical
emergency treatment in a professional manner and arrange to shift the
bonafide injured railway passenger to the nearest Govt./Civil or Pvt. Hospital
/ Trauma centre having the requisite facilities for further treatment. The
patient can be shifted to private hospital on his willingness and only upon
written consent to that effect by the injured or his relative in presence of (RP
authority.
16.The Licensee is responsible for the safe keep/preservation of the severed
limb, etc, if any, and shall arrange to send it along with the injured to the
Govt,/Civil Hospital, duly preserved and packed as required for further
medical treatment.
17.The Licensee, when not attending to the bonafide injured railway passenger,
may extend private consultancy to the other bonafide railway passengers/
commuters, who may like to avail the facility, on payment of the consultation
fees not more than the Central Government Health Service (CGHS) rates.
18.The licensee shall be allowed to advertise the services rendered at the EMR
only at the interior/exterior wall of the EMR.
19.The qualification of Medical Officer deployed shall be displayed along with his
name to the public availing consultancy.
20.The licensee can deploy the Doctors who are empanelled with
ESIC/CGHS/ECHS etc. Licensee can be permitted to display Name board of
such empanelled Doctor
21.The Licensee shall have no claim /right to the railway property. He/she shall
not utilise the space for any other purpose or for carrying out any other
activity other than what has been agreed to as per the Contract and License
Agreement.
22.The Licensee should ensure that the disposal of Bio-Medical wastes is done in
proper manner or through nearest Health Unit.
23.The onus of mis-management or any medical negligence aspect shall lie with
the Licensee.
24.Indemnity:
i. Railway Administration shall have no financial or legal any other
liability for issues/ claims raised by any third party regarding the
service rendered by Licensee.
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ii. Licensee shall also keep Central Railway harmless and indemnified at
all times against all claim demands, suits, losses, damages, costs,
charges and from all expenses whatsoever which railway
administration may sustain or incur by reasons or in consequence of
any injury, loss to any person or to any property resulting directly or
indirectly for any reason whatsoever or in consequence of the exercise
by Licensee or its servants of any of the liberties and licenses hereby
granted or the non-observance or non-compliance by Licensee or its
servant of any clauses referred to herein.
iii. Licensee shall also indemnify railway administration at all times
against all claims which may be made under the Workmen's
Compensation Act, 1923 or any statutory modifications thereof, or
otherwise for or in respect of any damages or compensation payable
in consequence of any accident or injury sustained by it or its
workmen and employees.
iv. Licensee shall also indemnify railway administration against all claim
made by any third party against it arising from violation of any other
laws of the land for the time being in force.
25. The Licensee shall maintain such regular and proper account books along
with other supporting documents regarding
i. The details of Injured railway passengers dealt
ii. Details of consultancy rendered
iii. Details of sales effected by the licensee in the said premise through
consultancy, medical store, pathology, etc.
26.The Licensee shall maintain the register for shift wise details of all staff
deployed.
27.Railway Administration shall not be responsible for any loss or damage
caused to the property of the Licensee on any account whatsoever.
28. The Licensee provider shall equip himself with all necessary permits,
licenses and such other permissions as may be required under the law in
force at any time with regard to the operation of the subject license.
29.Railway Administration reserves the right to change the location of the
premises at any time and may at its discretion to call upon the licensee to
vacate the site and may give him an alternative premise for the purpose of
this license. In such a case, the licensee shall be bound to vacate the
premises immediately and accept the said alternate premises.
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30.The Licensee provider shall not terminate the license before the expiry of the
period of the license except by giving 60 clays notice in writing, failure of
which Security Deposit shall be forfeited. The license can be terminated by
the Authority by giving 30 days notice in writing without assigning any
reason thereto.
31. In the event of any default, failure, negligence or breach, in the opinion of
the Railway Authority on the part of the Licensee in complying with all or any
of the conditions of the license agreement, the Authority will be entitled to
levy suitable penalty as under:
First Default : Fine of Rs. 5,000/-
Second Default : Fine of Rs. 10,000/-
Third Default : Fine of Rs. 25,000/-
Fourth Default : Termination of Contract
32.In the event of continuous default as mentioned in clause (30) above, the
Railway Authority will be at liberty to determine the license forthwith and
resume possession of the premises without payment of any compensation or
damages and also forfeit the Security Deposit for due performance of
Agreement.
33. Any licensee who surrenders the contract midway without giving due notice
or whose contract is terminated for breach of conditions shall be debarred
from participating in fresh tenders for a period of one year. However, the
other ongoing contracts can be allowed to continue.
34. The Licensee, his servants and agents shall be entitled to use all ways,
paths and passages as may from time to time be maintained on the said
station subject to such rules and regulations as may be imposed by the
lawful authorities.
35.The Licensee shall not sublet the license in any manner.
36.The Licensee, his agents and servants shall observe, perform and comply
with all rules and regulations of the shop and Establishment Act, Factories
Act, Industrial Disputes Act, Minimum Wages Act and the provisions of any
statutory Law applicable to the Licensee in force from time to time and to the
business which the Licensee is allowed to carryon under this Agreement and
to the Area in which the said premises are located.
37.The Licensee shall indemnify the Authority from/ against any claims made or
damages suffered by the authority by reason of and default on the part of
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the licensee in the due observance and performance of the provisions of any
law which may be related to the purpose of this agreement and to the area
on which the premises are located.
38. The licensee shall employ only such servants as shall have good character
and as well behaved and skilful in their business.
39.Contract shall also be governed by "General Condition of Contract for
services" issued by Ministry of Railways in January, 2018 with amendments
thereof, wherever applicable for Central Railway. The same shall be treated
as part of this Agreement. The same are available on official website of
Indian Railways.
40.ARBITRATION:
(1) (i) :In the event of any dispute or difference between the parties hereto
as to the respective rights and liabilities of the parties on any matter in
question shall demand in writing that the dispute or difference be referred to
Arbitration.
(1) (ii) (a) : The demand by either party for arbitration shall specify the
matters which are in question, or subject of the dispute or difference as also
the amount of claim item-wise. Only such dispute or difference, in respect of
which the demand has been made, together with counter claims or set off,
given by the other Party, shall be referred to arbitration and other matters
shall not be included in the reference.
(ii) (b) : The parties may waive off the applicability of sub-section 12(5) of
Arbitration and Conciliation (Amendment) Act 2015, if they agree for such
waiver, in writing, after dispute having arisen between them, in the format
given below of these conditions.
(1) (iii) (a) :The Arbitration proceedings shall be assumed tohave
commenced from the day, a written and valid demand for arbitration is
received by the Railway.
(1) (iii) (b) :The claimant shall submit his claim stating the facts supporting
the claims alongwith all the relevant documents and the relief or remedy
sought against each claim within a period of 30 days from the date of
appointment of the Arbitral Tribunal.
(1) (iii)(c) : The Respondent shall submit its defense statement and
counter claim (s), if any, within a period of 60 days of receipt of copy of
claims from Sole Arbitrator/Tribunal thereafter, unless otherwise extension
has been granted by Sole Arbitrator/Tribunal.
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(1) (iii) (d) :Place of Arbitration: The place of arbitration would be within
the geographical limits of the Division of the Railway where the cause of
action arose or or any other place with the written consent of both the
parties.
(1) (iv) :No new claim shall be added during proceedings by either party.
However, a party may amend or supplement the original claim or defense
thereof during the course of arbitration proceedings subject to acceptance by
Tribunal having due regard to the delay in making it.
(2) : Obligation During Pendency of Arbitration: Work under the
contract shall, unless otherwise directed by the Railway Administration,
continue during the arbitration proceedings, and no payment due or payable
bythe either parties shall be withheld on account of such proceedings,
provided, however, it shall be open for Arbitral Tribunal to consider and
decided whether or not such work should continue during arbitration
proceedings.
(3) : Appointment of Arbitrator:
(3) (a) :Appointment of Arbitrator where applicability ofsection 12 (5) of
Arbitration and Conciliation Act has been waived off:
(3) (a) (i) :In cases where the total value of all claims inquestion added
together does not exceed Rs.1,00,00,000/- (Rs. One Crore only), the Arbitral
Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of
Railway not below JA Grade, nominated by the General Manager. The sole
arbitrator shall be appointed within 60 days from the day when a written and
valid demand for arbitration is received by the General Manager.
(3) (a) (ii) : In cases not covered by the Clause 1 (3) (a) (i),the Arbitral
Tribunal shall consist of a panel of three Gazetted Railway Officers not below
JA Grade or 2 Railway Gazetted Officers not below JA Grade and a retired
Railway Officer, retired not below the rank of SAG Officer, as the arbitrators.
For this purpose, the Railway will send a panel of at least four (4) names of
Gazetted Railway Officers of one or more departments of the Railway which
may also include the name (s) of retired Railway Officer (s) empanelled to
work as Railway Arbitrator to the contractor within 60 days from the day
when a written and valid demand for arbitration is received by the General
Manager. Licensee will be asked to suggest to the General Manager at least
2 names out of the panel for appointment as Licensee’s nominee within 30
days from the date of dispatch of the request by Railway. The General
Manager shall appoint at least one out of them as the Licensee’s nominee
19
and will also simultaneously appoint the balance number of arbitrators either
from the panel or from outside the panel duly indicating the ‘Presiding
Arbitrator’ from amongst the 3 arbitrators so appointed. The General
Manager shall complete this exercise of appointing the Arbitral Tribunal
within 30 days from the receipt of the names of contractor’s nominees. While
nominating the arbitrators, it will be necessary to ensure that one of them is
from the Accounts Department. An officer of Selection Grade of the Accounts
Department shall be considered of equal status to the officers in SA grade of
other departments of the Railway for the purpose of appointment of
arbitrator.
(3) (b) : Appointment of Arbitrator where applicability of section 12
(5) of Arbitration &Conciliation Act has not been waived off:The
Arbitral Tribunal shall consist of a panel of three retired Railway Officer,
retired not below the rank of SAG Officer, as the arbitrators. For this
purpose, the Railway will send a panel of at least four (4) names of retired
Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating
their retirement date to the Licensee within 60 days from the day when a
written and valid demand for arbitration is received by the General Manger.
The Licensee will be asked to suggest to the General Manager at least 2
names out of the panel for appointment as contractor’s nominee within 30
days from the date of dispatch of the request by Railway. The General
Manager shall appoint at least one out of them as the Licensee’s nominee
and will, also simultaneously appoint the balance number of arbitrators
either from the panel or from outside the panel, duly indicating the ‘Presiding
Arbitrator’ from amongst the 3 arbitrators so appointed. General Manager
shall complete this exercise of appointing the Arbitral within 30 days from
the receipt of the names of Licensee’s nominees. While nominating the
arbitrators, it will be necessary to ensure that one of them has served in the
Accounts Department.
(3) (c) (i) : If one or more of the arbitrators appointed asabove refuses to
act as arbitrator, withdraws from his office as arbitrator, or vacates his/their
office/offices or is/are unable or unwilling to perform his functions as
arbitrator for any reason whatsoever or dies or in the opinion of the General
Manager fails to act without undue delay, the General Manager shall appoint
new arbitrator/arbitrators to act in his/their place in the same manner in
which the earlier arbitrator/arbitrators to act in his/their place in the same
20
manner in which the earlier arbitrator/arbitrators had been appointed. Such
re-constituted Tribunal may, at its discretion, proceed with the reference
from the stage at which it was left by the previous arbitrator (s).
(3) (c) (ii) :The Arbitral Tribunal shall have power to call for such evidence
by way of affidavits or otherwise as the Arbitral Tribunal shall think proper,
and it shall be the duty of the parties hereto to do or cause to be done all
such things as may be necessary to enable the Arbitral Tribunal to make the
award without any delay. The proceedings shall normally be conducted on
the basis of documents and written statements.
Before proceeding into the merits of any dispute, the Arbitral Tribunal shall
first decide and pass its orders over any plea submitted/ objections raised by
any party, if any, regarding appointment of Arbitral Tribunal, validity of
arbitration agreement, jurisdiction and scope of the Tribunal to deal with the
dispute (s) submitted to arbitration, applicability of time ‘limitation’ to any
dispute, any violation of agreed procedure regarding conduct of the arbitral
proceedings or plea for interim measures of protection and record its orders
in day to day proceedings. A copy of the proceedings duly signed by all the
members of tribunal should be provided to both the parties.
(3) (c) (iii) (i) : Qualification of Arbitrator (s)
(a) Serving Gazetted Railway Officer’s of not below JA Grade level.
(b) Retired Railway Officers not below SA Grade level, three years after his
date of retirement.
(c) Age of arbitrator at the time of appointment shall be below 70 years.
(c) (i) An arbitrator may be appointed notwithstanding the total number of
arbitration cases in which he has been appointed in the past.
(ii) While appointing arbitrator(s) under Sub-Clause 1.3 (a) (i), 1.3 (a)
(iiI) & 1.3 (b) above, due care shall be taken that he/they is/are not
the one/those who had an opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties as
Railway servant(s) expressed views on all orany of the matters under
dispute or differences. The proceedings of the Arbitral Tribunal or the
award made by such Tribunal will, however, not be invalid merely for
the reason that one or more arbitrator had, in the course of his service,
opportunity to deal with the matters to which the contract relates or
who in the course of his/their duties expressed views on all or any of
the matters under dispute.
21
(3) (d) (i) :The arbitral award shall state item wise, the sumand reasons
upon which it is based. The analysis and reasons shall be detailed enough so
that the award could be inferred there from.
(3) (d) (ii) : A party may apply for corrections of anycomputational errors,
any typographical or clerical errors or any other error of similar nature
occurring in the award of a Tribunal and interpretation of a specific point of
award to Tribunal within 60 days of receipt of the award.
(3) (d) (iii) : A party may apply to Tribunal within 60 days ofreceipt of
award to make an additional award as to claims presented in the arbitral
proceedings but omitted from the arbitral award.
(4) :In case of the Tribunal, comprising of three Members, any ruling on
award shall be made by a majority of Members of Tribunal. In the absence of
such a majority, the views of the Presiding Arbitrator shall prevail.
(5) :Where the arbitral award is for the payment of money, no interest shall
be payable on whole or any part of the money for any period till the date on
which the award is made.
(6) : i. The cost of arbitration shall be borne by the respective parties. The
cost shall interalia include fee of the arbitrator(s), as per the rates fixed by
Railway Board from time to time and the fee shall be borne equally by both
the parties, provided parties sign an agreement in the format given at
Annexure-I to these condition after/ while referring these disputes to
Arbitration. Further, the fee payable to the arbitrator(s)would be governed
by the instructions issued on the subject by Railway Board from time to time
irrespective of the fact whether the arbitrator(s) is/are appointed by the
Railway Administration or by the court of law unless specifically directed by
Hon’ble court otherwise on the matter.
ii. Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed
by Railway Board from time to time.
iii. Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided
within six months.
(7) :Subject to the provisions of the aforesaid Arbitration andConciliation Act
1996 and the rules there under and any statutory modifications thereof shall
apply to the appointment of arbitrators and arbitration proceedings under
this Clause.
Agreement towards Waiver under section 12 (5) and section 31-A(5) of Arbitration and conciliation
(Amendment) Act
22
I/We ________________________________________ (Name of Licensee) with reference to Agreement No.______________________ dated ___________ may raise disputes as to the respective rights and liabilities, withholding of certificate and demand arbitration in respect of claims in future.
I/We with reference to agreement may raise disputes as to the operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of any claims in future.
I/We are agree to waive off applicability of section 12(5) and Section 31-A (2) to 31-A (4) of Arbitration and Conciliation (Amendment) Act, 2015.
Signature of Licensee
49. Jurisdiction: In case of any legal proceeding, it shall be subject to
exclusive jurisdiction of the Court at Mumbai city of India.
50. The Policy Guidelines of Ministry of Railways on the subject, if any, in future, shall be applicable.
51. SCHEDULE OF PREMISES
1. Space measuring : ……………..sq. ft. EMR & ………………sq. ft. for
medical Store
2. Location at :_________________________________ 3. Purpose :Operation of Medical Emergency Room, small
Retail Medical Store and small portable laboratory on terms
& conditions mentioned in the Agreement.
In witness, whereby the parties have hereunder subscribed their
names at the places and on the dates hereinafter mentioned
respectively
Signature:………………………. Signature:……………………………….
23
Name:………………………………. Name:………………………………………..
Desgn:……………………………… Desgn.:……………………………………….
Seal: Seal:
WITNESSES. WITNESSES.
1. ……………………………….. 1. ……………………………..
2. …………………………………. 2. ………………………………….
24
ANNEXURE - I
1 Set of six wooden / polymer extensible splint (St. John Ambulance type)
1 Set
2 Sterile Adhesive Strip dressing (standard size) 20 Nos.
3 Rubber tourniquet 5 Nos.
4 Roller bandages (7.5cm x 4 Mtr.) gauze 10 Nos.
5 Triangular bandages (130cm x 90 cm x 90 cm) 4 Nos.
6 Antiseptic cream 25 gms. 5 tubes
7 Injury card 1 No.
8 Safety pin Set of 10 2 Set
9 Cotton wool 100 gms. 1 Packet
10 Sterile Absorbent Gauze Pad (7.5 x 7.5) 15
11 Sterilised Absorbent Cotton Wool (25 gms) 10
12 Adhesive Plaster (2.5 x 4/5 mtrs.) 2
13 Splints, wooden / polymer set of 6 1 Set
14 Scissors Dressing 1
15 Rubber Tourniquet 1
16 Oral Airway (Guedel Oro-Pharyngeal) size 0, 2, 4, 6
2 each size
17 Tab. Paracetamol 500 mg. 50 tabs in strips
18 Tab. Pantoprazole 40 mg. 30 tabs in strips
19 Tab. DicyclomineHcl 30 tabs in strips
20 Tab. Antacid 30 tabs in strips
21 Tab. Diazepam 5 mg. 30 tabs in strips
22 Tab. Ibuprofen (400mg) / Diclofenac sodium (50mg)
20 Nos.
23 Tab. Domeperidone (dispersible tablet) 10 mg. 20 Nos.
24 Tab. Levocetirizine 5 mg. 20 tablets
25 Tab. Isosorbidedinitrate (sub-lingual) 30 tabs in strips
26 Savlon - 100 ml 2
25
27 Antiseptic Spray Dressing 2 Nos.
28 Oral Rehydration Powder 20 Pacs.
29 Normal Saline plastic bottle 500ml 5 Nos.
30 Saline Ampoules 5 ml. 10 Nos.
31 Disposable IV set 5 Nos.
32 Disposable syringes 2 cc, 5cc, 10cc 5 Nos. of each
size
33 Needles size 20 10 Nos.
34 Needles size 24 10 Nos.
35 First Aid Box Card for accountal 2 Nos.
36 Injection Pheniramine Maleate 25 mg. 10 amps.
37 Injection Ranitidine 10 amps.
38 Injection Deriphylline 2 amps.
39 Injection Diazepam 5 amps.
40 Injection Drotaverine 5 amps.
41 Injection Frusemide 5 amps.
42 Inj. Hydrocortisone 100 mg. 5 vials
43 Inj. Atropine 1 ml 5 amps.
44 Inj. 25% Dextrose 5 amps.
45 Inj. Ondansetron 4 mg. 5 amps.
46 Inj. Diclofenac sodium (1ml / 75 mg) 5 amps.
47 Disposable spirit swabs 20 Nos.
48 Inj. Paracetmol (Plastic bottle) 2 amps.
49 Disposable sterile gloves 7.5" 10 Nos.
50 B.P. Apparatus (aneroid type) 1 No.
Adult cuff 1 No.
Paediatric Cuff 1 No.
51 Stethoscope 1 No.
52 Tab Amlodipine (5mg) 10 Nos.
53 Salbutamol metered dose inhaler 2 Nos.
26
54 Tab Non-enteric coated Aspirin 300-350 mg 10 tabs
55 AED with 4 pads 1 Nos.
56 Newborn Delivery kit 2 Nos.
57 Hard Cervical collar 2 Nos.
58 Inj. Adrenaline 1 : 1000 10 Nos.
59 Portable Oxygen Cylinder Aluminium "AA" type reusable with accessories
2 Nos.
60 Flowmeter 2 Nos.
61 Oxygen face mask with tubings 4 Nos.
Adult 2 Nos.
Paediatric 2 Nos.
62 Povidone Iodine lotion 100 ml 1 bottle
63 Suction pump - foot / had operated (portable) 1 No.
64 Suction Catheter
12" 10 Nos.
14" 10 Nos.
65 Band Aid strips wash proof (1.9 x 7.2 cms) 20 Nos.
66 Surgi Pad 7.5 cms x 20 cm 10 Nos.
67 Anti - Inflammatory sprays 1 No.
68 Antiseptic spray dressing 1 No.
69 Pencil torch with batteries 1 No.
70 Xylometazoline nasal drop (0.1%) 1 vial
71 Intravenous Cannula 20 "24" 5 each
72 Laryngoscope with set of 3 different size blades with batteries
1 No.
73 Diclofenac Syrup 1 vial
74 Anti-Spasmodic Syrup 1 vial
75 Anti-Spasmodic drop 1 vial
76 Syp. Paracetamol 5 Nos.
77 Syp. Domperidone 5 Nos.
78 Syp. Pheniramine 5 Nos.
27
79 Ambu Bag Adult and Child with mask 1 No. each
80 Endotracheal Tube disposable
(size 3, 4, 5, 6, 7 mm) 2 Nos. of each
size
81 Curved Artery Forceps 6" 1 No.
82 Scissor Surgical Mayos 6" 1 No.
83 Needle holder medium size straight 1 No.
84 Toothed dissecting forceps medium size 1 No.
85 Chromic catgut 1-0 with cutting needle 2 Nos.
86 Silk sutures 1-0 with cutting needle 2 Nos.
87 Inj. 2% Sylocalne 2 vials
88 Digital Thermometer 1 No.
All contents of medical box to be kept in a customized box and periodically checked for expiry and replacement as and when required.