North Central Railway

TERMS & CONDITIONS GOVERNING SALE OF SCRAP MATERIAL THROUGH E-AUCTION

Controller of Stores H.Q. Office, North Central Railway

Allahabad

North Central Railway

TERMS & CONDITIONS GOVERNING SALE OF SCRAP MATERIAL THROUGH E-AUCTION

1. Controller of Stores, North Central Railway on behalf of President of India

(hereinafter referred as "The Railway Administration") will sale through public e-auction scrap material as detailed in the auction catalogue of the auction subject to the conditions hereinafter stated as "General Conditions of Auction Sale" and the special conditions either stated in the auction catalogue or attached with e-auction catalogue at the commencement of the auction. Any person bidding in the e-auction shall be deemed to be aware of the terms and condition of the auction sale and uniform E-sale conditions for e-auction, as also the location and the conditions of the material being sold and shall be deemed to have agreed to such terms and conditions.

2. Unless otherwise specified in auction catalogue, the material to be auctioned may be inspected on all working days during working hours of stock holders.

3. Any person bidding in the auction shall be deemed to be aware of the Terms and Conditions of the auction sale, as also the location and condition of the material being sold and shall be deemed to have agreed to such Terms and Conditions. Should any mistake be made in describing a lot either in the hand bill, catalogue or at the time of sale especially in stating the quality or quantity, such mistake will not be held to vitiate or affect the sale in any way, it being understood that the intending purchasers have satisfied themselves in all respect before bidding. Railway Administration will not be responsible for the incorrect weight, description, genuineness or authenticity of any fault or defect in any lot and make no warranty whatsoever.

4. In case the auction is not completed on the same day it may continue on the next day also at the discretion of auction supervising officer.

5. The unsold lots as well as fresh arising (untried lots) of one depot may be put up for auction in subsequent auctions of other sister depots of N.C. Railway.

6. Auction supervising officer is not bound to put the lots serially and reserve the right to put any lot at any time during the period of auction according to his discretion.

7. Usually Rolling Stocks, machines and vehicles etc and other such materials which are an integrated assembly (sub assembly) will be sold and delivered at rates per lot basis while bids may be registered on number as well as on weight basis also in order to exercise complete check on quantity delivered. Similarly, Rails will be sold on sectional weight basis but will be delivered on length basis, unless stated otherwise in the catalogue or declared during the auction. Sleepers, batteries, drums etc or any other homogeneously describable materials may be sold as per number basis unless stated otherwise.

8. In the event of two or more lots being put up for sale as clubbed and sold under one bidding (clubbed) it must be clearly understood that in the event of delivery of the whole of the material not being taken up by the date allowed, ground rent must be paid on each and every lot or portion of a lot as described and numbered in the catalogue or hand bill.

9. a) That the address given by the purchaser at the time of auction shall deemed to be the purchaser's business address and all the delivery orders/correspondence etc. sent to or delivered at this address by the Railway Administration shall be considered as correctly delivered to the purchaser. It is in the purchaser's own interest that complete postal address as necessary viz. Bidder's full Name, Father's Name, Shop/House No., Street/Lane/Road No., City/Town, Pin Code etc. are given in the bid sheet at the time of auction.

b) The Railway Administration will recognize only that purchaser in whose name

the bid is recorded and accepted. c) The delivery order will be issued only in the name of successful bidder whose

bid is accepted. Any request for subsequent change in the name of purchaser will not be entertained.

d) Separate delivery order will be issued for each lot.

10. a) Where the successful bidder desires that the delivery of sold lot may be given to his representative, this may be permitted at the discretion of Railway administration, subject to production of (lot specific) appropriate power of attorney and production of original photo ID card [such as (i) Driving License, (ii) Passport, (iii) Voter ID card, (iv) PAN card or (v) any other Photo ID card issued by central/state government agency]. A power of attorney on a non judicial stamp paper as in the proforma given at the Annexure 'B' may be furnished by him duly executed before and authenticated by a Public Notary or first class Magistrate. Value of stamp papers of attorney, will be fixed form time to time. However presently applicable values of stamp paper is Rs. 20.

b) The power of Attorney should bear the authenticated specimen signature of

the agent to guard against delivery of material to an unauthorized person. c) Such power of attorney in favour of successful bidder's agent shall be

presented to Depot Officer, in whose charge the stores are held. Such Officer may in his entire discretion decline to act on any such authority and it shall be for the buyer to satisfy such officer that the authority is genuine. The delivery by proxy will bear the purchaser's sole responsibility and risk and no claim shall lie against the Railway administration on any act whatsoever if delivery is effected to a wrong person.

12. The bids made by the bidders shall be irrevocable. The highest bid if accepted is normally accepted on the spot If it is not accepted on the spot but is reserved for consideration by the Railway administration, Earnest Money shall still be payable by the purchaser to the Railway Administration. If the offer is finally accepted, purchaser has to deposit balance sale value with in 10/15 days from the date of receipt of such acceptance otherwise the deposit will be forfeited by the Railway Administration. On the contrary, if the offer is rejected, Earnest Money will be refunded without any interest accrued on it.

13. The Railway Administration and/or Auction Supervising Officer will be at liberty to withdraw any lot or lots before or during the auction sale or refuse to accept

the bid made by any bidder without assigning any reason thereof. Even after the lot is sold and the bid sheet as a matter of routine is signed during the E-Auction, the depot officer reserves the right to cancel the sale of the said lot on administrative ground or any other reason whatsoever without assigning any reason thereof at any time before the actual delivery takes place.

14. The amount so deposited after acceptance of the bid on the spot shall remain with the Railway Administration as Earnest Money till full payment of the balance bid money has been made.

15. The Earnest Money shall stand forfeited, and purchaser will have no claim on the lot, if the balance sale value is not deposited by the purchaser within the said period of 50 days for P-Way lots and 40 days for depot lots.

16. Balance sale Value free time: (i) For lot value upto Rs. Three lakh.- within 10 days (Ten days). (ii) For lot value above Rs. Three lakh.- within 15 days (Fifteen days) The date of auctions is included in the time period. If the last due date happens to

be a public holiday or Sunday, payment can be made on next working date. Note: Normally no installment of balance payment will be permitted. However in

case the purchaser so desires one installment for lots valued upto Rs. five lakhs, two installments for lots valued between Rs five lakhs to fifteen lakhs and three installments for lots valued above Rs fifteen lakhs may be permitted.

(a) The balance money will have to be paid by purchaser in cash or in DD to

the Chief Cashier and Pay Master, North Central Railway, Allahabad or Divisional Cashier and Pay Master in charge of concerned Division within 10/25 days from the date of receipt of final acceptance of the bids including the day of auction or as final acceptance of the bids including the day of auction or as extended by the Railway Administration. Cash receipts of the earnest money, balance sale value, sales tax and any other tax issued by the Cashier should be submitted to the respective Depot Officer. Purchaser can also deposit the Balance Sale Value online using the IREPS module. However they should note that they will have to pay the whole amount in one single installment if paying through online mode. Also, for payment of BSV with interest, the purchasers have to first submit an application in original on their letterheads for extending the BSV beyond the LDP.

(b) In the event of the purchaser's failing to pay the whole of purchase price by

him in respect of any lot or lots at the time and manner aforesaid, the Railway Administration without prejudice to its other rights and remedies shall be entitled at any time after such default shall have made to forfeit the Earnest Money and re-sale the goods by Public Auction or any private treaty and to recover the deficiency if any from such re-sale together with the expenses of such re-sale and ground rent due from the original purchaser calculated at the rate and in the manner aforesaid the storage period being reckoned form the expiry of the free time for taking delivery to the date of re-sale as debt due

from the purchaser in default upon the first sale. The buyer shall not be entitled to any profit which may occur on the re-sale.

(c) In the event of the payment of the balance sale value by the purchaser by demand drafts such demand drafts such demand drafts must be in favour of the FA&CAO/N.C. Railway, Allahabad drawn on SBI or any scheduled Bank payable at the Zonal or Divisional HQ of NCR.

(d) The demand drafts will be accepted subject to realization only and no delivery order will be issued till the full amount against the demand drafts has actually realized. Such demand drafts must be presented to the respective cashier, at least two days before the final date fixed for payment. The respective cashier will send the cash receipt for such amounts direct to the buyer, who will produce such cash receipts to the concerned depot officers as detailed above for issue of an authorization/Delivery orders.

(e) In case of failure to deposit the balance sale value within the stipulated time for respective lots, the officer nominated by the Railway Administration may at his discretion grant extension in exceptional circumstances at the request of the purchaser subject to levy of interest charges for the belated period (not beyond 35/40 days) including the date of auction. The rate of interest will be fixed by the Railway Administration from time to time and same will be declared in auction catalogue or announced at the time of auction. It will be usually 7% above the PLR of SBI applicable as on the date of auction.

17. No interest will be paid to the purchaser on the amounts paid or deposited by him and subsequently found refundable to him under any condition.

18. GST whether CGST, IGST or UGST shall be payable by the purchasers extra and will not entitled to the purchaser to evade any such taxes if levied subsequently and were not announced at the time of auction.

19. Bidders attending the auction are required to furnish sale tax registration for lots valuing above Rs. 5 lakhs.

20. The property in the goods of material sold shall not be deemed to have been passed to the successful bidder until and unless the balance of the bid money after adjusting the earnest money deposit has been paid to the Railway Administration and the concern Depot officer has issued the Delivery Order in favour of the successful bidder. The stock holder concerned will not enter into any correspondence with the purchaser before issue of delivery order.

21. The goods sold may be removed from the premises only on production of the said receipt and a delivery order from Depot officer to such officer of Railway Administration as may be incharge of the material.

22. In the event of any dispute arising in connection with sale, the decision of Controller of Stores/Chief Materials Manager, N. C. Rly, Allahabad will be final and binding.

23. No picking, sorting, cutting or breaking of sold scrap will be allowed. Delivery must be taken as the material comes to hand. In genuine circumstances purchasers may be allowed cutting up at their cost in which case it will be announced in the auction.

24. The purchaser will have no claim on the quantity in excess of the 10% of the advertised quantity contained in the lot and it is only at the discretion of the Railway Administration that such quantity may be delivered to him on payment at

price of the bid. Should the Railway Administration decide to deliver the quantity of the lot in excess than the quantity advertised for sale, the purchaser will ordinarily remove the entire quantity on payment at the price of the bid. When 90% of the material for which the cost has been deposited is delivered, further deliveries will only be made when the additional amount against the quantity in excess of the advertise quantity is deposited by the purchaser. The purchaser shall deposit such amount with the Railway within 07 days from the date of receipt of the intimation from the depot officer concerned. In case of failure on the part of the purchaser to deposit the money for the excess quantity of the material, the unremoved material for which the cost is deposited will be treated as an abandoned lot and the amount thereof forfeited by the Railway Administration. After the amount for excess quantity is deposited by the purchaser the free delivery period for the removal of the extended material will be suitably if requested by the purchaser and considered necessary.

25. Goods in each lot are sold on "as is where is basis" and no guarantee is given as regards size, quantity, weight, description and the like. The description of any lot in the particulars of sale has been given by way of identification thereof only and the use of such description shall not constitute the sale thereof to be sale by description and no sale shall be invalid by reason or any defect or fault in any lot or on account of any lot being incorrectly described. All quantities whether by weight measurement or number mentioned in the auction catalogue are approximate but it must be clearly understood that the total quantity of which a lot is formed should be taken delivery on payment as per actual count or weighment. Should the quantity in a lot on actual count/weighment work out less than the advertised quantity, Railway Administration will not be liable to make good the deficiency. However the purchaser will be entitled to get a refund of the difference from the Railway Administration. Purchaser should apply to the Depot Officer within thirty days from the date of last installment of supply of a particular lot for claiming refund of the cost of the quantity delivered short. In case no application is received within 30 days of last installment of delivery, the money thus due is liable to be forfeited. Purchaser must give complete and correct postal address in his application of refund. In case, there is any change or addition in the original address given by the purchaser (and not his name) in his application of refund than that given at the time of auction then the purchaser must submit the certificate duly singed by him along with his application of refund to the Depot Officer concerned to indemnify the Railway Administration against any loss.

26. The Depot Officer will see that any sum due from the purchaser is realized before delivery of the depot lots.

27. For each lot or part of a lot lying undelivered, in addition to forfeiting the sums mentioned in clause 16 i.e. the Earnest Money deposited; whatever deposit or payment has been made against such purchases shall be forfeited and the purchaser shall further be held liable for all other charges and losses.

28. The purchasers of the condemned road vehicles shall be required to furnish an indemnity bond on the proforma laid down by the Railway Administration with a view to indemnify the Railway Administration against any claim which may be raised even by a 3rd party for any incident/accident involving the vehicle after its delivery to the purchaser.

29. If the purchaser is making slow progress with his contract, or if for any reason, the Railway Administration may consider that he will fail to complete his contract within the time specified in the sale contract, it will be lawful for the Railway Administration to cancel the whole contact or such portion as may not has been completed and to forfeit as by way of liquidated damages, the whole of his deposit. Railway Administration shall be at liberty to dipose off such goods in any manner at risk and expense of purchaser.

30. Delivery will not be affected on Sundays, Gazetted holidays observed by the Depot or the Officer In charge in whose custody the material is lying. Delivery of material will be affected during their normal working hours. The decision of the Railway Administration with regard to the working hour of any Depot shall be final and binding on the purchaser. In order to complete the delivery within the working hours, all loading must cease half an hour before the closing time.

31. Purchasers are advised in their own interest to present the delivery orders to Depot Officer/Stock holder concerned or his representative, as early as possible.

32. Free delivery period allowed including day of auction is as under:- (a) All divisional lots : 50 days. (b) All depot and rolling stock lots: 40 days. The last date for removal of the material as above will be indicated in the bid

sheet and the same would appear in the purchaser. In case of bids recorded subject to approval of the COS/Headquarters, the final date of delivery will not be indicated in the bid sheet and will be indicated in the delivery order.

AS PER PARA 7 G (ii) of STORES MATTER OF MODEL SOP IMPLEMENTED WEF 30/10/2017, FOR P-WAY LOTS, ADRM OF THE CONCERNED DIVISION IS EMPOWERED TO EXTEND FDP UPTO 65 DAYS WITH GROUND RENT AND FOR DEPOT SCRAP, 50 DAYS BY COS/CMM.

33. If the sold goods are not removed by the purchaser within the free delivery period, they shall remain at the purchaser's risk until so removed. Thereafter, Railway Administration shall be entitled to recover ground rent from the purchaser, in respect of such lots. From the date of expiry of free delivery period till the date of final removal @ ½% per day or part thereof of the value of the un-removed quantity subject to minimum of Rs. 10/- per day per lot. Such ground rent and or any other charges as may have been incurred by the Railway Administration shall also be recovered from the purchaser before the goods are allowed to be removed. Further, Railway Administration may, at his discretion order the re-sale of the goods and forfeits the earnest money or the price, if any paid by the purchaser at any time after the free period allowed to the purchaser is over and the purchaser shall further be held liable for all commission and other charges and losses.

34. The Railway Administration does not guarantee to deliver the goods or materials sold within any specified time and if due to any default in this respect on the part of the Railway Administration, the purchaser is unable to remove the goods or material with in the specified period, then the Railway Administration may extend the period thereof.

35. Loading Charges: Unless specifically announced during auction and so recorded in bid sheet, scrap will loaded by Railway Administration for which loading charges will be recovered at the rate of Rs. 50.00/PMT. Such charges will be paid in cash

prior to delivery being granted. 36. If the purchaser desires the material to be sent by rail, the lot would be loaded

into railway wagons. Purchaser will be responsible for arranging railway wagons. The wagons will be weighed both before and after loading where a weighbridge is available; otherwise the weighment will be done before loading on scales or machines as available and weighments witnessed jointly by the representatives of R.P.F., Store and Account Department of the Railway Administration. No complaints as regards the authenticity of weighments carried out jointly by the said representatives will be entertained. Purchasers shall therefore witness the weighments and in the event of their failing to do so, they must abide by the weighments carried out by the representatives of the Railway Administration. Weighments made elsewhere will not be considered. Freight charges will be levied at Public Tariff Rate. The lots of two or more purchasers will not be dispatched in the same wagon.

37. The Railway Administration does not guarantee to deliver the material within any specified time.

38. In case of materials dispatched by rail, responsibility to the Railways Administration ceases immediately the material has been weighed and loaded. The material will be carried entirely at the risk of the purchaser and no claim against the Union of India will be entertained for any shortage in weight, which may b discovered after the material has left the Scrap Yard.

39. Purchaser must provide their own bags, boxes, cases or other receptacles which are required for removal of the purchased material and also make their own arrangements, if they so desire; to book the covered wagons for transport of their purchased material.

40. The purchaser must effect complete removal of materials from site with their own labour and at their own expenses within the period specified in Clause 28.

41. Each lot of condemned rolling stocks will be sold subject to the conditions, that the components, fittings hereinafter referred to as "excluded items" shall not be sold and shall remain the property of the Railway Administration and the purchasers shall be bound before taking delivery of the lot or lots sold, to dismantle the excluded items and make them over, with their own labour and in their transports along with a list of excluded items dismantled from each stock in the lot, to the representative as well as at the site as nominated by the Railway Administration, in good condition. The detailed list of excluded items is to be carefully checked by the purchasers in the presence of the representatives of the technical, Accounts and Stores Department of the Railway Administration. If any deficiency or shortage is detected is should be brought to the notice of the said representative in writing immediately. In the event of any default of the purchaser in this respect the purchaser will be liable to deliver to the Railway Administration the excluded items as listed. In case of any damage, loss or deficiency in respect of the excluded items at the time of cutting up, the purchaser shall deposit the value thereof as per Railway rules before any deliveries of his material are effected to him and shall also make over to the authorized staff of the Railway Administration the said damaged excluded parts. The property in the damaged excluded parts will vest in the Railway Administration.

42. The purchaser shall give to the representative of the Depot Officer a prior notice

in writing, at least 3 days ahead of his proposed making over of the excluded components to enable proper arrangements being made for taking over the excluded items. Disregard of this will make the purchasers solely responsible for delay in taking over of the excluded items by the Railway Administration without prejudice to other rights and remedies of the Railway Administration.

43. The purchasers shall not be allowed to cut more than 50% of the condemned stock of each lot at a time. When the excluded items of the first batch of 50% are made over to the Railway, the purchaser will be allowed to cut the second batch and so on. Similarly the purchaser of more than one lot shall not be allowed to cut more than one lot at a time, and in any event until the excluded items of the previous lot are made over the Railway in full purchaser shall not be entitled to cut the next lot. The purchaser shall be bound to make all his arrangements in such a way as to comply with the provisions of this para and other paras, and compliance with one or some of the provision shall under no circumstances be any excuse for non-compliance with the other provisions.

44. a) Delivery of condemned stock material may be effected from the yard on:- i) Week days between 9:30 A.M. and 5:00 P.M. ii) On Saturday between 9:30 A.M. and 13:30 .M. b) In order to complete within the hours specified above, all loading must ceases

on week days by 4:00 P.M. and on Saturday by 12:45 P.M. c) The Railway Administration does not guarantee the supply of the wagons. If

the purchasers desire to book the material to out-stations, they must make their own arrangement for wagons with the Traffic Departments and will themselves make all arrangement for loading and booking of the material. It is to be clearly understood that the Railway Administration will not undertake any responsibility for loading and dispatch of the materials by rail on behalf of the purchasers.

d) In case of loading of heavy materials where crane power will be necessary, the

Railway Administration will arrange loading of the material into trucks with the crane after purchaser has paid for crane hire charges in addition to the loading charges. Railway scheduled rate for hiring of crane are as follows:

SN Description of Crane Lifting capacity of the crane (in Ton)

Rates per hour or part of an hour (in Rupees)

1. Fixed or travelling Diesel crane

31 to 50 Rs. 1064/- 51 to 70 Rs. 1286/- 71 to100 Rs. 1652/-

101 to 120 Rs. 1861/- 121 and above Rs. 2581/-

e) It is to be distinctly understood that the Railway may supply a crane if and

when available according to its own convenience and programme of work and will not be responsible for non-supply/delay in supply of the Crane. Railway does not guarantee loading of Truck and Wagons placed by the purchaser to their full capacity. Any delay caused by the non-supply/delay in the supply of

crane by the Railway will deemed to be the responsibility of the purchaser. 45. In course of dismantling the concerned stock by the purchaser is any damage is

done to the tracks or any property of the Railway Administration, the purchaser shall be liable to compensate the Railway Administration to the extent of damage done. The amount to be paid to the Railway as compensation will be assessed by an officer of the Engineering Department which shall be final and binding on all purchasers and the value thereof must be paid before taking delivery of material in the lot or lots.

46. The purchasers must not dump any material whatsoever on the line as the line must be kept cleared for Railway operations at all times.

47. Delivery will be jointly witnessed by the representatives of Stores, Accounts, technical and R.P.F. Departments. Purchasers are expected to witness delivery and the event of their failure to do so the Railway administration shall in no case be responsible for any shortage and shall not under any circumstances make the deficiency. The purchasers are also to make their own arrangements for loading.

48. Purchasers or their laborers and other staff will not be allowed to remain within the Railway premises beyond the scheduled working hours. The purchasers may, however, be allowed to keep their watchmen to guard their material and gang of men consisting of adults only to cut the stock in the sale yard for which permission in writing should be obtained from the Deptt. Officer concerned furnishing him with full particulars i.e. name, father's name and present address etc. (a) Once the delivery order has been handed over by the purchaser to the stock

holder and the charge of the condemned stock has been made over to him, the Railway administration shall refuse to accept any responsibility whatsoever for the safeguard of the said sold property.

(b) Non-ferrous metal waste and used oil will be sold only to the firms having

valid authorization under 'Hazardous waste (Management & Handling)' Rules 1986' as amended from time to time. The firm should be registered with Ministry of Environment & Forest, Govt. of India and should possess valid registration certificate with validity of at least six months as on date of purchase. The purchaser will also be required to give undertaking at the time of purchase to refine/re-cycle the waste within the period of the validity of his certificate of registration.

(c) Used Lead Acid Batteries will be sold only to re-cyclers registered with

Ministry of Environment & Forest, Govt. of India under "Batteries (Management & Handling) Rules 2001" or as amended form time to time.

49. If the purchaser makes defaults in complying with any of the condition aforesaid,

then the lot or lots in respect of which such defaults is made may, be immediately put up again for sale and in such an event if a lower price is offered and accepted for the said lot, then the difference in price thereof together with all expenses occasioned by such re-sale shall be debited due by the purchaser in default to the Railway administration provided further that the purchaser in default shall not be

entitled to claim any profit which may arise from such re-sale. In the alternative the Railway administration will be entitled, to due the purchaser in default for the price of said lot and the purchaser shall have no right to claim that the said lot must be sold again and the difference between the offer made by him and re-sale price of the lot alone be recovered from him.

50. Delivery of lots bought by any one purchaser shall be taken at a time or one lot at a time and removal of all lots sold to him completed within the period.

51. No interest will be paid to the purchaser for the amounts paid or deposited by him and subsequently found refundable to the purchaser under any of the conditions herein mentioned.

52. Purchaser are required to qualify for statutory criterias/directives as issued by Central/State Government from time to time for processing/holding for such categories of scrap which they are purchasing from Railway. Not adhering to such statutory conditions, even if found at later stage, they may be denied for deliveries and their deposits may be forfeited on that account.

53. Arbitration Clause (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 contract 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 Organization in respect of the 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 servants 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) Upon every and any such reference, the assessment of the cost to the reference

and award respectively shall be in the discretion of the arbitrator. (e) Subject as aforesaid, the arbitration & consolidation Act, 1996 and the rules

there under and any statutory modification thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.

(f) The venue of arbitration shall be place from which the acceptance of offer or

contract is issued or such other place as the arbitrator at his discretion may determine.

(g) 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.

54. Minimum increase in Bid can be announced by the auction conducting Officer at any stage.

55. North Central Railway GST and Sales Tax Registration nos. are as under: (i) JHS/0002093 (CST) dated 31.12.1976 under Sale Tax Act. (ii) JHS/0040718 dated 24.12.1976 under Uttar Pradesh Sales Tax Act. (iii) Gwalior/II/XVIII/68 under Madhya Pradesh Sales Tax Act. (MP TIN No. 23745200068) (iv) 1114/01502 dated 01.04.1996 under Rajasthan Sales Tax Act. (RAJ TIN No. 08520951400) (v) HGST/FDB/1200953 under Haryana Sales Tax Act. (vi) AC Sector- 18 Kanpur located in Commercial Tax Circle value added Tax Act. 2007 (TAN No. KNPG01609G) (TIN No. 09137505216) (vii) GSTIN For UP (NCR) - 09AAAGM0289C1ZH

56. If any term or condition appearing in the auction catalogue or announced during the auction is contrary to the above conditions then such condition or term as given in the auction catalogue or announced during the auction shall prevail.

57. The above terms and conditions governing sale of scrap material through auction are effective from 01.04.2010 onwards. The same are also available on NCR website address www.ncr.railnet.gov.in. Any revision in the above terms and conditions or any correction/corrigendum will be uploaded on the website at time to time.

Controller of Stores, N. C. Rly., Allahabad

For and on behalf of President of India

North Central Railway Office of the

Dy CMM (SD )JHANSI

Dated- 13. 04.2016

SPECIAL C SPECIAL CONDITIONS APPLICABLE FOR E-AUCTION SALE 1. Earnest money deposit (EMD) amount will be 10% of accepted bid value. 2. Payment of balance sale value and delivery of P.Way scrap and other line lots: Delivery

order will be issued only after realization of the balance sale value. SN Sale value of

lot

Free time allowed for payment of balance sale value reckoned from the date of acceptance of bid

Free time allowed for delivery reckoned from the date of acceptance of bid

Number of instalment permissible for payment.

1. Up to & including Rs.03 lakhs

10 Days

50 Days

1

2. Exceeding Rs. 3 lakh and up to Rs. 5 lakh

15 Days

1

3. Exceeding Rs. 5 lakh and up to Rs. 15 lakh

2

4. Exceeding Rs. 15 lakh

3

3. Payment of balance sale value and delivery of Depot scrap: SN Sale value of

lot

Free time allowed for payment of balance sale value reckoned from the date of acceptance of bid

Free time allowed for delivery reckoned from the date of acceptance of bid

Number of instalment permissible for payment.

Up to & including Rs.03 lakhs

10 Days

40 Days

1

Exceeding Rs. 3 lakh and up to Rs. 5 lakh

15 Days

1

Exceeding Rs. 5 lakh and up to Rs. 15 lakh

2

Exceeding Rs. 15 lakh

3

4. In the event of the balance sale value by the purchaser by demand drafts, such demand drafts must be in favour of the FA&CAO/N.C.Rly Allahabad drawn on SBI or any scheduled bank payable at the Zonal or Divisional HQ of NCR.

5. Interest rate in case of delayed payment will be charged @2% above the Prime Lending Rate of State Bank of India applicable as on date of auction.

6. Extension of time for balance payment : Free time allowed for payment of balance sale is indicated in para 02 & 03. However, time for payment of BSV with interest may be extended by Railway for P.Way scrap and other lines lots up to 40 days and for depot lots up to 35 days from the date of acceptance of bid in exceptional circumstance on written request of the purchaser. The EMD shall be forfeited, if the balance sale value BSV is not deposited by purchaser within the said period of 40/35 days.

7. Maximum period of delivery : Free delivery period shall be maximum 50/40 days from the date of bid acceptance as indicated in para 02 & 03. However Railway administration in deserving cases may extend the delivery period by 15 days over and above the prescribed period of 50/40 days.

8. Rly administration shall not be responsible for any accident that may occur to the contractor’s labour or servant due to any reason what so ever.

9. I.T.C.S will be deducted at source as per rules of income tax department, being Govt.levy.

10. In JHS depot and JHS rolling, loading of sold material shall be done by

purchaser’s labour unless specified at the time of auction or if purchaser requests to load by railway crane on payment basis or without payment basis and the same is agreed by Railway administration at the time of auction or thereafter.

11. Delivery of sold Lots will not be allowed on Sunday & Holidays observed by the stock holder.

12. The following conditions will also be applicable. a) All tracks/sidings are sold on “As is where is basis” and no refund shall be

permitted in case of any shortage of quantity but at the same time items found excess in the lot at the time of delivery and items found in the lot but not declared at the time of auction shall not be delivered to the purchaser.

b) In case of any dispute regarding details of sold lots, the decision of the auction conducting officer shall be final .

c) In case of delivery of intact CI sleepers (i.e.CST-9 plates, CI pots, ACB plates, D&O plates, LK plates etc.) and steel trough sleepers etc. Where delivery is being given in number/pair basis, the purchaser, if desires, can take the delivery of slightly broken piece of above items on number/pair basis. In such cases, these slightly broken pieces will be counted equal to intact pieces and no extra piece will be delivered to the purchaser.

d) Weightment at the nearest Govt. approved Dharamkanta is permitted in case of non availability of weighing facility with stock holder.

e) Crane assistance will be provided by administration in JHS Depot, Rolling Stock Lots where lots are not located in cutting position, subject to availability of approach road.

f) Shifting of Rolling stock due to administrative reason will not be

considered as lot disturbance g) Unless specified Non Ferrous material found in any lot will not be delivered

to the purchaser. h) Unless specified otherwise all wagon/coach/loco lots are sold without

wheel sets. i) Mud cleaning is allowed in case of CI sleepers (i.e. CST- 9 Plates, CI Pots,

ACB plates, D & O plates, LK plates etc. j) Cutting of all lots of Jhansi Depot Rolling Stock is allowed unless specified

otherwise, cutting of returnable items is not permitted. k) Lots consisting hazardous waste as defined by central pollution control

board under hazardous waste management and handling rules 1986 and amended from time to time will be sold only to the firm having valid authorization to process these items as recyclers/reprocessors under Hazardous waste (Management and handling) rules1986, as amended from time to time, issued by ministry of environment & forest. The firm should be registered with Ministry of Environment and Forest, Govt of India and should possess valid registration certificate. This certificate in original has to be provided to auction conducting officer on his requirement. The purchaser will also be required to give undertaking at the time of purchase to refine/recycle the waste within the period of the validity of his certificate of registration and purchase of the times will not exceed the total limit of his registration certificate. If purchaser fails to comply any of the above conditions or violate any of the rules prescribed by Ministry of Environment and Forest, the sale will be cancelled and the amount deposited by the purchaser will be forfeited.

l) Lots consisting e-waste as defined by State Pollution Control Board or

Pollution Control Committee of Union Territories as the case may be, of e-

waste (Management and Handling) Rules 2011 covered under schedule l,

and amended from time to time will be sold only to the firms having valid

authorization to process these items as recyclers/re-processors under e-

waste (Management and Handling) Rules 2011, as amended from time to

time issued by ministry of environment & forest. The firm should be

authorized and registered with State Pollution Control Board or Pollution

Control Committee of Union Territories and should possess valid

registration certificate. This certificate in original has to be provided to

auction conducting officer on his requirement. The purchaser will also be

required to give undertaking at the time of purchase to refine/recycle the

waste within the period of the validity of his certificate of registration and

purchase of the items will not exceed the total limit of his registration

certificate. If purchaser fails to comply any of the above conditions or

violates any of the rules prescribed by Ministry of Environment and Forest,

the sale will be cancelled and the amount deposited by the purchaser will

be forfeited.

m) One centre cut in Tie Bar is allowed for lots of CI pot pairs/CST-9 Plate Pairs/LK Plate pairs and other CST pair lots.

n) Unless specified otherwise, no depreciation will be permitted on Rail lots. o) To facilitate loading, purchasers are allowed to cut the long pieces of Rail

according to the size of loading vehicle but these cut pieces must not be below the size of one meter length.

p) For divisional lots, the purchaser should apply to divisional authorities for fixing of delivery date at least 7 days before the expiry of FDP duly complying all the requisite formalities, otherwise delay if any for fixing delivery dates within FDP will not be considered on administrative ground under any circumstances. However, for depot lots, the purchaser should apply directly to depot officer for fixing of delivery date.

q) For divisional Rail lots, the delivery should be completed within shortest

possible time and the purchaser must engage sufficient trucks for getting delivery completed within the shortest period.

r) Unless specified otherwise, all lots of Jhansi Depot Rolling Stock will be sold on weighment basis and Nagra Siding Condition will apply in such cases which is as follows: Nagra Siding Condition- “The delivery of rolling stock will be given on actual weighment basis. If material found short than the declared weight, no refund will be made, however purchasers are allowed for collecting old nut, bolt & rivets lying in the lot area to make good the shortage. If material is found excess than the declared weight then the extra material upto 10% can be given as per condition given in North Central Railway Special/General Condition on deposition of money on pro-rata basis”.

13.

‘Terms & Conditions governing sale of scrap material through auction’ of N.C.Railway Sr. No.-45 is modified as the purchaser has to deposit all the returnable items in stock holder’s depot prior to final delivery.

14

The North Central Railway Terms & condition governing auction sale of scrap material No-46 (a) & (b) are modified as :- Delivery of sold material in JHS depot shall be given from 9:30 hrs. To 17:00 hrs, and loading shall cease by 16:00 hrs, extendable up to 16:30 hrs. On Saturday delivery of sold material shall be given from 9:30 hrs to 13:00 hrs and loading shall cease by 12:45 hrs, extendable upto 13:30 hrs. The extension is not a matter of right and is to be granted only in special and rare circumstances duly approved by Depot officer.

BOXN deposit items

Deposit items

BVZC deposit items

Special conditions for redundant line/ sidings