For Rights for Commercial Publicity on the 2Nd Gantry

EASTERN RAILWAY HOWRAH DIVISION

EXPRESSION OF INTEREST (EOI)

FOR

RIGHTS FOR COMMERCIAL PUBLICITY ON THE 2ND GANTRY (FROM THE RABINDRA SETU END) AT THE CIRCULATING AREA OF HOWRAH STATION FOR A PERIOD OF FIVE YEARS AND PROVISION OF RAILWAY DIRECTIONAL SIGNAGE & WELCOME MESSAGE ON BOTH FACES AT THE BOTTOM OF THE HORIZONTAL DISPLAY AREA OF THE GANTRY.

EoI No.COM / PUB / EOI / GANTRY – 2 / HWH / 20 Dated 14.02.2020

INDEX

Sl Description Page Sl. No. Description Page no. No. No. 1. Scope of Work 1 8. Documents to be Submitted 1 2. Period of Contact 1 9. Forfeiture of Earnest Money 2 3. Estimated Value 1 10. Key Details 2 4. Earnest Money 1 11. Receiving of Expression of Interest 3 5. Payment of License Fee 1 12. Opening of offers 3 6. Security Deposit 1 Instruction to the Bidder 3 7. Eligibility Criteria 1 General Terms & Condition 4 & 5

Annexure Annexure Item Page No. A Covering Letter 6 & 7 B Draft Agreement 8 – 19 C Format for Affidavit 20 1 Sketch Plan 21

// 1 // Senior Divisional Commercial Manager, Eastern Railway, Howrah, acting for and behalf of The President of India hereby invites Expression of Interest in sealed packet (single) and in prescribed format from interested individuals / companies / firms / agencies / Govt. Organization / PSUs for awarding Rights for commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry.

1. Scope of work: Work for display of commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry 2. Period of Contract: 05 years from the date of commencement of contract. 3. Estimated value for 1st year: To be quoted by the applicant (excluding GST). 4. Earnest Money Deposit: Rs. 50,000/- (Rupees Fifty Thousand only). 5. Payment of license fee: Half Yearly License fee will require to be paid fifteen days in advance of the corresponding year. 6. Security Deposit: Equivalent to 6 month’s License Fee for the 5th & final year of the contract. 7. Eligibility Criteria: a) The bidder should have a minimum experience of 02(two) years in the field of Commercial Advertising which may even be outside the Railways. b) The bidder should have a minimum yearly turnover equivalent to 50% of bid amount for 1st year. 8. Documents to be submitted: a) Copy of documentary evidence in support of Name & Address of the bidder. b) Earnest Money of Rs. 50,000/- (Rupees Fifty Thousand only) in the form of Demand Draft / Bankers’ Cheque, drawn on any Nationalized / Scheduled Bank, payable in favour of F.A. & C.A.O. / Eastern Railway, Kolkata. c) Attested copy of audited Balance-sheet duly certified by Chartered Accountant for last consecutive 02(two) financial years i.e. F.Y 2017 – 18 & 2018 – 19. d) Attested copies of certificates in support of experience for minimum two years in the field of Commercial Advertising (which may even be outside the Railways). e) Attested copies of Testimonials of Past performance, if any. f) Proof of Office address in the form of attested copy of Telephone Bill/Electricity Bill/ Certificate from Metropolitan Magistrate or warden of the area etc. /any other valid document. g) Attested copy of GSTIN Registration Certificate. h) Legal Status - In case of:  Partnership firms – Copy of Partnership Deed.  Co-operative Society – Copy of Registration Certificate.  Joint Stock Companies – Copy of Memorandum & Article of Association and Incorporation certificate.  Sole proprietorship firm – Certificate from a Chartered Accountant.  Individual - Identity proof & Address proof. i) The entire EOI Document along with the attached Draft Agreement (Annexure – B) & Sketch Plan. j) Following Affidavits to be submitted on non-judicial stamp paper of Rs. 100/- duly notarized: 1) Affidavit as per Annexure – C. 2) Affidavit confirming the bidder is Solvent & has not been blacklisted or debarred by the government or the other agencies for which it has worked. Contd….2….

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9. Forfeiture of Earnest Money Deposit & Security Deposit:

The Earnest Money Deposit & Security Deposit may be forfeited on the following grounds: a. Withdrawal of offer before expiry of the validity period. b. In case successful bidder fails to honor his offer if accepted by Railway Administration as per quotations submitted by the bidder within a month from the date of issuance of the Letter of Acceptance. c. If the successful bidder fails to execute the contract documents within 30 (Thirty) days from the date of issuance of letter of acceptance of offer. d. Conditional offer have been given by the bidder. e. If the successful bidder fails to submit the Security Deposit in time the contract may be terminated duly forfeiting EMD and other dues, if any payable against this contract.

10. Key Details:

Sl. Particulars Details No 1 Name of Work Work for display of commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry. 2 Total area (in sq.ft.) 2403 Sq. Ft. (approx.) 3 Reserve Price (for 1st year) To be quoted by the bidder (excluding GST). 5 Earnest Money Deposit Rs. 50,000/- in the form of Demand Draft / Banker’s Cheque drawn on any Nationalized/Scheduled Bank, payable in favour of FA & CAO/Eastern Railway, Kolkata. 6 Cost of EOI Document NIL Security Deposit Equivalent to 6 month’s License Fee for the 5th& final year of the contract. 7 Date & time of Submission of 17.02.2020 to 25.02.2020 up to 14.00 hrs. The document Tender should be dropped at the designated box kept in Office of the Senior Divisional Commercial Manager, Eastern Railway, Howrah. 8 Date & Time of opening of 25/02/2020 (at 15.00 Hrs) Tender 9 Validity of Offer 45 days from the opening of bid. In case of any need, Railway may request the bidders to extend the period of validity of their bids on the same terms & condition. 10 Tenure of Contract 5 Years from the date of commencement. 11 Authority for seeking Senior Divisional Commercial Manager, clarification and submission of Howrah Division, Eastern Railway, EOI Yatri Niwas (4th Floor), Howrah Railway Station, Howrah – 711101. 12 Address for Correspondence Office of The Senior Divisional Commercial Manager, Howrah Division, Eastern Railway, YatriNiwas (4th Floor), Howrah Railway Station, Howrah – 711101.

Contd…..3…

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11. Receiving of Expression of Interest: Duly filled in covering letter (Annexure - A), Draft agreement form (Annexure – B), and entire EOI document along with the Photo copy of documents duly self- attested and Earnest Money should be enclosed in a sealed cover super scribing “Application for Contract for display of commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years” addressed to The Sr. Divisional Commercial Manager/Eastern Railway/Howrah, Yatri Niwas (4th Floor), Howrah Railway Station, Howrah - 711101. The documents should be dropped in a box kept for this purpose in the office of Sr. Divisional Commercial Manager/Eastern Railway/Howrah.

12. Opening of Offers: At 15:00 hours of 25.02.2020 in the office of Sr. Divisional Commercial Manager/Eastern Railway/Howrah, Yatri Niwas (4th Floor), Howrah Railway Station, Howrah - 711101. In case the office remains closed on the date of opening for holiday or for any unforeseen reason, the application will be opened on the next working day at the same time and venue.

Draft Agreement: Draft agreement is attached as Annexure – B.

Instructions to bidders: a. EOI documents to be downloaded from the internet and printout are to be taken on A4 size paper and details are to be entered by the bidder as required in the document. Offers in the form of photocopy of EOI document will be summarily rejected. b. The EOI document(in full) downloaded along with the various documents required to be submitted as per the EOI conditions should be put in a sealed cover duly super scribing with the name of the work, EOI notice no. and date. Duly filled up EOI document should be dropped in the box kept in the office as specified in the EOI document before the date and time stipulated in the EOI document. c. The earnest money deposit required for this work as stipulated in the EOI document to be submitted. d. Bidders are advised to download EOI documents well in advance and submit the tender before the stipulated time. It is the responsibility of the Bidder to check any correction or any modifications published subsequently in Web site and the same shall be taken into account while submitting the EOI document. Bidder shall download corrigendum (if any), print it out, sign and attach it with the main EOI document. EOI document not accompanied by published corrigendum/s will be liable to be rejected. The Railway will not be responsible for any delay in downloading of EOI document from the internet. e. The bidder may please note that the rate for items should be written in figures and in words. Bidder should not use red and/or green ink in the EOI document. Offers using red and/or green ink will be summarily rejected. Each page of EOI document should be signed by the bidder. f. Bidder/s are free to download EOI document at their own risk and cost for the purpose of perusal as well as for using the same as EOI document for submitting the offer. g. If any change/addition/deletion is made by the Bidder/Contractor in EOI document/Contract agreement and the same is detected at any stage even after the award of the tender, full earnest money deposit will be forfeited and the contract will be terminated. The bidder/contractor will be banned from doing business with Railways and/or prosecuted. h. Bid Due Date - Bids received by Railway after the specified time on the Bid Due Date shall be treated as per Railway Board’s extant guidelines. i. Proposal Validity - The Bid shall remain valid for acceptance by Railway for a period of 45 days from the last date of submission of Bids. In case of any need, Railway may request the bidders to extend the period of validity of their Bids on the same terms and conditions. Contd…..4…

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General Terms & Conditions:

1. Cost of Proposal Preparation All the cost incurred in the preparation of the proposal, in response to the Bid document, shall be on bidder’s account.

2. Amendment of Bid: a) Railway can modify the Bid document by issuing corrigendum or addendum at any time prior to the due date of submission of the proposal. b) For allowing the bidders proper and reasonable time in which the corrigendum or addendum, if any would have to be taken into consideration, the Railway, at its sole discretion, may extend the time frame of submission of the proposal.

3. Cost of Bid Document – NIL. The Document can be downloaded through Eastern Railway’s website www.er.indianrailways.gov.in. The document must be duly signed on each page failing which the bid shall stand rejected.

4. Earnest Money:

a) The proposal would need to be accompanied by an Earnest Money amounting to Rs. 50,000/- (Rupees Fifty Thousand only). Proposals not accompanied with EMD or with less EMD shall be summarily rejected. No interest shall be payable by the Railways on the EMD.

b) The Earnest Money shall be in the form of a Demand Draft / Bankers’ Cheque drawn on any scheduled commercial bank in favor of Financial Advisor & Chief Accounts Officer, Eastern Railway / Kolkata.

c) The Earnest Money will be refunded after the submission of License Fee & Security Deposit by the successful bidder. For unsuccessful bidders, EMD will be returned.

d) No interest will be payable by the Railways on the Earnest Money.

d) Railway Administration reserves the rights to forfeit the Earnest Money deposit in the following cases:

i. If the Bidder withdraws its proposal within the period of validity of offer from the date of opening of Bid.

ii. If the successful bidder fails to honour the contract and to deposit the license fee & security deposit within stipulated time from the acceptance of the offer then the Earnest Money shall be liable to forfeited by the Railways.

5. Validity of Proposal:

a) The proposal to be submitted shall indicate that it would remain valid for a minimum period of 45 days from the bid opening date. Railway reserves the right to summarily reject all such proposals which do not meet the requirement as mentioned.

b) Prior to the expiry of the original Proposal Validity Period, Railway may extend the period of validity for a specified additional period. A Bidder agreeing to the request will not be allowed to modify its proposal, but would be required to extend the validity of its earnest money for the period of extension and comply with relevant clause of this document in all respects.

c) The successful Bidder shall extend the Proposal Validity Period till the date of execution of the Agreement. Contd…..5…

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6. Duration of Contract: The period of the contract shall be, unless determined under any provisions hereinafter contained in that behalf, for five years from the date of commencement of contract.

7. Payment terms:

a) License fee shall be remitted, in advance, on half yearly basis to Railway.

b) The Licensee has to submit the License Fee and Security Deposit within 15 days from the date of receipt of LOA failing which the offer may be withdrawn and EMD may be forfeited. The failed contractor shall be debarred from participating in re-Bid for that work.

8. General Instructions:

a) The contractor shall be liable to pay all taxes, cess, etc. as applicable from time to time for all services rendered by him. There will be no tax liability of Railways whatsoever on this account.

b) Eastern Railway (Howrah Division) reserves the right to summarily reject any or all of the offers received in response to this Expression of Interest without assigning any reason there for.

c) Photocopies of all the certificates etc. submitted by the bidder should be self-attested, unless required to be attested by notary public by other conditions of bid.

d) Late Proposals: Any proposal received by Railways after the time for submission of bids will be returned to the Bidder in unopened / sealed condition, or the condition in which it is received.

e) The bidder shall clearly specify whether the bid is submitted on his own or on behalf of a partnership concern. If the bid is submitted on behalf of partnership concern, the bidder should submit an authorization from partners authorizing him to sign the EOI documents on behalf of partnership firm. The bidder shall submit certified copy of the Partnership deed and the latest true extract showing the details of Partners issued by the Registrar. The bidder shall also be required to submit the original Agreement of Partnership with the embossment of common seal, as and when demanded, for verification purpose only.

f) The bidder whether sole proprietor, a limited company or a partnership firm / society if they want to act through agent or individual partner(s) should submit along with the bid, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the bid, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration.

g) Only those bids shall be evaluated/considered who have submitted earnest money.

h) Any ambiguous offer or conditional offer shall be rejected without assigning any reason.

i) If a bidder expires after the submission of the bid or before the acceptance of his bid, the Railway Administration may deem such bid or contract as cancelled. If a partner of a firm expires after submission of his/their bid or before acceptance of his/their bid, the Railway Administration may deem such bid or contract as cancelled unless the firm retains its original character. Contd…..6…

// 6 // Covering letter - Annexure A To The Senior Divisional Commercial Manager, Eastern Railway, Howrah. Sir, Sub: Expression Of Interest for display of commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry.

1. I / We hereby express my interest for the work for display of commercial publicity on the 2nd Gantry (from the Rabindra Setu end) at the circulating area of Howrah station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry for a period of 05 (five) years on the terms and conditions embodied in the attached draft agreement form and the following documents in support or my/our candidature for being selected as a candidate are enclosed.

2. I/We hereby offer the rate of License fee of Rs. ______(Rupees ______only) for the first year (Excluding GST @ 18% or as applicable from time to time).

3. I/We am/are enclosing the Earnest Money Deposit (EMD) for Rs.______(Rupees ______only) through a Demand Draft / Bankers’ Cheque, drawn in favour of the “FA & CAO, E Railway. Kolkata” vide No. ______dtd. ______on ______(Bank/Branch) along with this offer letter.

4. Other requisite charges like GST, Security Deposit etc. would be deposited by me/us in accordance to the terms and conditions contained in the Draft Agreement, annexed herewith. All the pages of the Draft Agreement have been signed by me. The rates offered by me/us are in full satisfaction of all the facilities provided under the Expression Of Interest.

5. I/We am/are enclosing following Documents in support or my/our candidature for being selected as a candidate: a) Copy of documentary evidence in support of Name & Address of the bidder. b) Earnest Money of Rs. 50,000/- (Rupees Fifty Thousand only) in the form of Demand Draft / Bankers’ Cheque, drawn on any Nationalized / Scheduled Bank, payable in favour of F.A. & C.A.O. / Eastern Railway, Kolkata. c) Attested copy of audited Balance-sheet duly certified by Chartered Accountant for last consecutive 02(two) financial years i.e. F.Y 2017 – 18 & 2018 – 19. d) Attested copies of certificates in support of experience for minimum two years in the field of Commercial Advertising (which may even be outside the Railways). e) Attested copies of Testimonials of Past performance, if any. f) Proof of Office address in the form of attested copy of Telephone Bill/Electricity Bill/ Certificate from Metropolitan Magistrate or warden of the area etc. /any other valid document. g) Attested copy of GSTIN Registration Certificate. Contd…..7…

// 7 // h) Legal Status - In case of (tick whichever is applicable):  Partnership firms – Copy of Partnership Deed.  Co-operative Society – Copy of Registration Certificate.  Joint Stock Companies – Copy of Memorandum & Article of Association and Incorporation certificate.  Sole proprietorship firm – Certificate from a Chartered Accountant.  Individual - Identity proof & Address proof. i) The entire EOI Document along with the attached Draft Agreement (Annexure – B) & Sketch Plan. j) Following Affidavits to be submitted on non-judicial stamp paper of Rs. 100/- duly notarized: 1) Affidavit as per Annexure – C.

2) Affidavit confirming the bidder is Solvent & has not been blacklisted or debarred by the government or the other agencies for which it has worked.

All the Photo Copy of document attached are self-attested.

DECLARATION: I do hereby declare that I agree with the terms and conditions of the attached Draft agreement vide Annexure - B.

Signature of the applicant Name

Address (in full)

Telephone No./Mobile no.,

Seal (if any)

Date:

N.B.: Any over-writing, correction or Insertion will not be accepted

Contd…..8…

// 8 // DRAFT AGREEMENT- ANNEXURE B:

DRAFT AGREEMENT IN CONNECTION WITH TENDER FOR AWARDING RIGHTS FOR COMMERCIAL PUBLICITY ON THE 2nd GANTRY FROM THE RABINDRA SETU END AT THE CIRCULATING AREA OF HOWRAH STATION FOR A PERIOD OF FIVE YEARS AND PROVISION OF RAILWAY DIRECTIONAL SIGNAGE & WELCOME MESSAGE ON BOTH FACES AT THE BOTTOM OF THE HORIZONTAL DISPLAY AREA OF THE GANTRY.

An agreement made this______day of ______, Two thousand ______between the President of India acting through the Senior Divisional Commercial Manager, Eastern Railway, Howrah (here in after called the “RAILWAY ADMINISTRATION’ of the one part and M/s______(name and status of the firm) represented by______(name and status of the person executing the agreement) son/daughter/wife of ______, having its registered office at ______(here in after referred to as the LICENSEE) which expression shall be deemed to include his/their respective heirs, executors and its successors of the other part, for the purpose of Rights for Commercial Publicity on the 2nd Gantry from the Rabindra Setu end (here in after referred to as the ‘Gantry’) at the circulating area of Howrah Station for a period of five years and provision of Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry and where it is mutually agreed to between the two parties as follows: 1.0 Duration & Commencement:- The duration of the Advertisement Rights for Commercial Publicity on the Gantry shall unless determined under any provisions hereinafter contained in that behalf be for 05 (five) years only, commencing from 90th day from the date of issuance of the Letter of Acceptance or from the date of first display, which ever is earlier.

1.1 The period of contract shall be for 05 (five) years w.e.f. ______to ______2.0 Scope of Work: 2.1 The licensee will display advertisement on the Gantry which is offered for the Advertising Rights and the details of display area are specified below:

Location Location of the advertisement to be Size & Nos. of Area Remarks of the displayed on the Gantry advertisement to be Gantry displayed (a) (b) (c) (d) (e) 2nd Gantry A) On the top of the Gantry facing North & 139’ (L) x 6’ (H) x 2 1668 sft Height is to be from South nos. measured from Rabindra the top of the Setu end Gantry at the B (i) East Side Column facing North & South 15’ (H) x 4’ (W) x 2 nos. 120 sft Height is to be circulating B (ii) East Side Column facing West. 15’ (H) x 5’ (W) x 1 no. 75 sft measured from area of C (i) Central Column facing North & South 15’ (H) x 4’ (W) x 2 nos. 120 sft the top of the Howrah C (ii) Central Column facing East & West 15’ (H) x 5’ (W) x 2 nos. 150 sft column below the Station D (i) West side Column facing North & 15’ (H) x 4’ (W) x 2 120 sft Railway Signage South nos. & Welcome D (ii) West side Column facing East & West 15’ (H) x 5’ (W) x 2 nos. 150 sft Message. Total area= 2403sft Railway Directional Signage & Welcome 139’ (L) x 3’ (H) x 2 834 sft. Directional Message on both faces at the bottom of the nos. Signage on either horizontal display area of the Gantry. side & Welcome Message at the center. As per Sketch plan (Annexure – 1) AREA FOR BOTH ADVERTISEMENT & RAILWAY DIRECTIONAL SIGNAGE & WELCOME MESSAGE IS TENTATIVE. IT MAY CHANGE. Contd…..9…

// 9 // 2.2 All the spaces as permitted, whether used or not by the licensee within the contractual period, shall be paid for by the licensee and no remission or deduction out of the chargeable amount shall be allowed by the Railway Administration as provided for. 2.3 The rights for display of advertisement under this contract will be restricted exclusively on the Gantry as mentioned above. Commercial advertisement displayed within the jurisdiction of circulating area of Howrah Station, the contract of which is awarded/to be awarded, is neither included in this tender nor shall the licensee have any rights over them. 2.4 In case, any of the sites specified in the tender can not be made available to the licensee due to any reason whatsoever, Railway Administration will provide alternate site/space of same size on the Gantry. 2.5 The electricity to illuminate the displays may be provided as per the provisions mentioned hereunder at clause-18.0 of this agreement. 2.6 The display plan of the proposed site should have the clearance from Sr. DCM every time an advertisement is actually displayed. The details of the site (location, size etc.) which is offered for the Advertising Rights have been specified at 2.1 above. The licensee may, however, be permitted to display advertisement at sites other than the specified ones on the Gantry as mentioned above. For these additional sites the charges shall be calculated either on unit area basis at the price decided on the basis of the tender (bid offer divided by total area mentioned in the tender) or on the schedule rates of station/location/ media (wherever the schedule rates exist), whichever is higher. However, the Railway administration reserves the right to disallow publicity which, in the opinion of Railways, have a bearing on safety, aesthetics, security, synchronicity with existing / blocked sites and anything which violates the laid down Railway procedures / norms. 2.7 The contract period of additional sites shall co-terminate along with original contract. 2.8 Actual display shall have to be in conformity to structural safety, aesthetics and in accordance with approval from relevant State Government or Central Government authorities. Such approval and cost thereof and any charge to be paid to such authorities shall have to be borne by licensee. Railways shall have exclusive rights/ claim on the amount quoted in this tender/license. There should be variety in the colour scheme and text of advertisement and these should be in conformity to the grace of station. 2.9 Media which have audio output are not permissible. 2.10 Advertisements should not interfere/ obstruct railway signages etc. or any such commercial display of other parties in the vicinity. 2.11 Railway reserve the rights for display the information regarding passengers, railway services, signage, safety precautions, social messages etc. at the sites and space which it feels justified. 2.12 Railway Administration will be at liberty to remove any advertising sites at the cost of the licensee for undertaking the development work, e.g. development of station as world class station etc. and the licensee shall not claim any compensation whatsoever for such removal of advertising media. 2.13. The licensee will also fabricate and provide retro-reflective indication boards or similar for Railway Directional Signage & Welcome Message on both faces at the bottom of the horizontal display area of the Gantry, at his own cost, within 30 days from the date of issuance of the communication in this regard and would be maintained by the licensee as per the standard guidelines of Govt. of West Bengal, at his own cost. The Horizontal length of these should be equal to the Horizontal length of the Gantry and the vertical length of the same will be of 3(three) feet each. 2.14 The text, size of the letter of the indication boards (retro-reflective or similar) for Railway Directional Signage & Welcome Message will be specified by the Railway Administration and that is to be incorporated /fixed at the bottom of the horizontal display area of the Gantry (both faces) by the licensee at his own cost and the cost of occasional changes of the text, Colour scheme etc., if any, of these indications is to be borne by the licensee maximum up to twice a year during the period of contract/ license. These installations of the Directional Signage & Welcome Message (retro-reflective indication boards or similar) and occasional changes thereof, are to be completed by the licensee within 30 days from the date of issue of communication in this regard. Contd…..10…

// 10 // 3.0 These installations of the Directional Signage & Welcome Message will become Railway property: On completion of five years of contract or termination of the contract, the Directional Signage & Welcome Message as provided by the licensee shall become the Railways’ property. 4.0 License fee: 4.1 The year wise license fees payable by the licensee for the sites as specified above are as below: Year License fee (Rs.) Year License fee (Rs.) 1st Year 4th Year 2nd Year 5th Year 3rd Year 4.2 The successful tenderer shall have to pay 50% of the Annual License Fee for the first year, in full, within fifteen (15) days of the date of issue of Letter of Acceptance for the contract. In case of failure on the part of the tenderer to do so, the license may be terminated at the risk and cost of the defaulting tenderer and the Earnest Money Deposit and other dues, if any payable against that contract may liable to be forfeited by the Railway who shall be entitled to issue fresh license in respect of the same work. 4.3 The license fee is required to be paid on half yearly in advance basis. Advance Payment of license fee should be paid one month before the commencement of the respective half-yearly period. 4.4 Additional License Fee: When the licensee is permitted to display advertisement at sites other than the specified ones as mentioned above, he has to pay the 1st installment of the license fee for those additional sites, in advance within 15 days from the date of issue of letter/advice in that regard. The license fee for the subsequent half yearly periods of the contract including the license fee for those additional sites will have to be paid as per the schedule as mentioned above. The charges for those additional sites will be calculated on unit area basis at the price decided on the basis of the tender (Bid offer divided by total area mentioned in the tender) or on the scheduled rates of the station/location/media (wherever the schedule rates exist), whichever is higher. 4.5 All the payments are to be made in favour of FA & CAO/Eastern Railway, Kolkata through DD/Pay Order/ Banker’s Cheque drawn on any Nationalized Bank or any scheduled Commercial Bank. 4.6 The charging of license fee for the sites as specified above will commence from the date as per Clause- 1.0 above. 4.7 The charging of license fee for the additional sites other than the specified above will commence from the 30th day from the date of issuance of the permission letter or from the date of first display, whichever is earlier. 4.8 The Licensee should deposit applicable GST on License fee directly to the concerned GST department on RCM basis. 5.0 Escalation of License Fee: During the currency of this contract, License Fee shall escalate by 10% each year after the end of first 3 years of the contract. 6.0 Security Deposit: 6.1 The licensee shall be required to submit security deposit (S.D.) in advance equivalent to 06 month’s License Fee for the 5th year within 15 days from date of issue of Letter of Acceptance (L.O.A.). 6.2 Extension of time for submission of S.D., on written request of the licensee, beyond 15 days and upto 60 days from the date of issue of L.O.A may be given by the authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 days i.e. from 31 days from the date of issue of L.O.A. In case the tenderer fails to submit the requisite S.D. even after 60 days from the date of issue of L.O.A., the contract may be terminated duly forfeiting EMD and other dues, if any payable against that contract. License fee already paid once, shall not be refunded in this eventuality. The failed tenderer shall be debarred from participating in re-tender for that work. 6.3 Besides forfeiture of Earnest Money as stated above, the bidder shall be deemed to have committed breach of contract conditions and thus the contract shall be liable to be terminated. In that eventuality the bidder shall not be entitled to receive any compensation or any refund of license fee. In addition to this, the bidder shall be liable for imposition of other remedial measures, as may be deemed fit by the Railway. Contd…..11…

// 11 // 6.4 The defaulting bidder shall be debarred from participating in re-tender for that work. 6.5 In addition to the amount indicated at clause-6.1 above, the licensee also has to submit proportionate amount of Security Deposit for additional area, if any allowed within the currency of the contract. This security amount will also be equivalent to 06 months additional license fee for the 5th & final year of the license term. 6.6 The security deposit as mentioned hereinabove should be submitted in the form of irrevocable Bank Guarantee, from a Scheduled Commercial Bank in favour of FA & CAO, Eastern Railway, Kolkata having validity for entire contract period + 06 months. The security deposit will be refunded on satisfactory completion of the contract period taking into consideration that all Railway dues are cleared and all the display materials are removed from the sites. No interest is payable on the Security Deposit. 6.7 The Railway Administration shall have right to adjust the Security Deposit, in part or in full, for any loss sustained by the Railway Administration and dues whatsoever arising out of this contract, or any other contract between the parties hereto, or due to any breach of the agreement. 6.8 The Security deposit will be forfeited if the contract is not successfully completed. 6.9 Railway Administration reserves the right for deduction of Railways dues from Licensee’s security amount on the following grounds: - 6.9.1 Any amount imposed as a fine by Railway Administration for irregularities committed by the Licensee. 6.9.2 Any amount which Railway Administration become liable to the Government/ Third party on behalf of any default of the licensee or any of his servant/agent. 6.9.3 Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf. 6.9.4 Once the amount under this clause is debited, the licensee shall reimburse the security deposit equal to the amount such debited within15 days period failing which it will be treated as breach of agreement. 7.0 Approval of text & design of displays: 7.1 The text and visuals along with the design, matter, language and Colour scheme of the text of all advertisements must have the prior approval of the competent authority of the Railway Administration every time an advertisement is actually displayed. 7.2 The Administration reserves the right to refuse any advertisement matter if the same is considered unsuitable for display and no appeal/ correspondence on this issue will be entertained. 7.3 The content and quality of the advertisement should be aesthetic and it is to be ensured by the licensee that the visibility or readability of the Railway Directional Signage & Welcome Message on both faces of the Gantry is not affected due to position, text, colour or brightness of the advertisement. 8.0 Commercial Advertisements which are not allowed for display: 8.1.0 The advertising Right-holder licensee shall abide by the following guidelines in regard to display of Commercial advertisements: 8.1.1 These do not offend public taste, 8.1.2 These do not propagate any religion or religious belief. 8.1.3 These do not have any communal and regional bias, 8.1.4 These do not use the name of pictorial representation of any national leader and Martyr for trade and business purpose. 8.1.5 These do not project pictorial or otherwise of a particular leader of a particular sect or religion, 8.1.6 These do not show the Railway’s any thing by light, 8.1.7 Display material pertaining to a place of pilgrimage may be accepted provided that, such exhibits are primarily in the nature of information and direction to Tourists and may also contain pictorial representation of the place of pilgrimage or any important landmark thereof. However, care shall be taken to see that such displays which are meant for Tourist guidance do not contain anything which can be construed as propagation of any particular religion or religious belief, 8.2.0 Specific care shall be taken to see that the display materials do not contain the following:- 8.2.1 Advertisement of Cigarettes, Tobacco products, wines and other alcoholic drinks, 8.2.2 Advertisements against background of scenes which are erotic in character and obscene. 8.2.3 Competitive advertisements from the Road-Transport Companies, and Advertisements from Private Insurance Companies offering policies against Railways’ accidents. Contd…..12…

// 12 // 8.3 Advertisements, which are considered objectionable in the eye of law, shall not be displayed. Advertisements prohibited under various Acts and laws of Central/State Government and various local government bodies shall not be displayed. There shall not be any sort of obscenity in the design and matter of the advertisement material. The licensee shall be fully liable for any contravention in this regard and shall be liable to the laws of the land and for this purpose Railway Administration will not be liable for any kind of loss or damage of the license. 9.0 Erection of Advertisement media & Railway Directional Signage & Welcome Message (retro- reflective indication boards or similar) on both faces at the bottom of the horizontal display area of the Gantry: 9.1 The licensee has to install the advertisement media & Railway Directional Signage & Welcome Message (retro- reflective indication boards or similar) on the existing Gantry structure as per the approved display plan/material and prior to undertake the installation work, he or his authorized representative should get in touch with the concerned Station Manager/Howrah, Sr. Section Engineer (works) and Sr. Section Engineer (Electrical). 9.2 Adequate safety measures must be taken at the time of doing the installation & maintenance job and it is to be ensured that no danger or inconvenience is caused to the Railway users or Railway staff. 9.3 The licensee will submit a safety certificate from an approved Chartered Engineer regarding the safety aspect of structure / hoardings erected by him. 9.4 The licensee shall display the advertisement media in such a manner that it does not obstruct the view of display of advertisement in the vicinity, if any. 9.5 While erecting the display media, care should be taken by the licensee for not causing disturbance to the movement of pedestrian as well as vehicular traffic. 10.0 Maintenance of Advertisement media, Gantry structure & Railway Directional Signage & Welcome Message (retro-reflective indication boards or similar): 10.1 The licensee shall ensure that the structure of the gantry & the advertisement media are aesthetically maintained at all times and also repair/strengthen the gantry structure as and when required necessary at his own cost under supervision of concerned Section Engineer (Works). No abetment will be given for repairing/strengthening work for advertisement structures. The structures of the advertisement media should always be kept covered either with advertisement material or with a white sheet. At no point of time the structures should be kept vacant. 10.2 The licensee shall also ensure the maintenance of the Railway Directional Signage & Welcome Message indication boards during the continuance of the contract. 10.3 The licensee shall ensure that the displays and the Railway Directional Signage & Welcome Message indication boards are kept clean at all times and also arrange to clean the same as and when required at his own cost. 10.4 The licensee shall at all times during the continuance of the contract ensure trouble-free display of the Railway Directional Signage & Welcome Message indication boards, and rectify the malfunction, if any, at their own expenses within 24 hours. 10.5 The licensee shall realign, readjust or shift the advertisement media whenever called upon by the Competent Authority/Railway Administration to do so at his own cost without claiming any compensation. 10.6 The licensee shall fix-up a visible insignia in any suitable space of all of his displays stating his firm’s name, date of the expiry of the contract and the identity number to be allotted by the Railways. 10.7 The up keep and maintenance of the advertisement media will be the sole responsibility of the licensee. In case of any exigencies, where the media stands in the way of smooth operation of passenger movement or infringes any administrative functioning, the instruction from the Railway Authority to set right the same must be strictly complied with at the own expenses of the licensee within the shortest possible time maximum within 24 hours. 11.0 Engaging labour by licensee: 11.1 Installation/ Erection and maintenance of Advertisement media as well as Railway Directional Signage & Welcome Message indication boards on the Gantry and maintenance of the structure of the Gantry are to be done by the licensee. 11.2 In case of engagement of labourers/ workmen, the licensee should clearly indicate the name of workers who will be deputed for the work.

Contd…..13…

// 13 // 11.3 Number of labourers/workmen to be engaged by the licensee for display/maintenance work should have to be got approved by the Railway Administration. 11.4 The labourers/workmen will carry necessary Identity Cards, issued by licensee as per given format, on the basis of which permission will be given by Railway Administration for working within the station premises. 11.5 The labourers/workmen engaged by the licensee to perform the licensee’s work shall only be called the employee of the licensee and have no link with the Railway Department. The staff of licensee shall not be entitled / claimed for any Railway benefit. 11.6 The licensee shall submit Registration No. and the Labour Registration Certificate. 11.7 The agreement will not confer any right on the licensee or the labour / representative of the licensee for employment in Railways and no facilities viz. absorption in Railway service, regularization of service, bonus, Railway Pass facilities, Railway Medical Facilities etc. shall accrue to the licensee or to the labour / representative of the licensee. 11.8 The Railway Administration shall not be liable to pay any compensation, monetary or otherwise, to the labour / representative of the licensee in any circumstances. 11.9 The licensee shall indemnify the Railway from any claim / compensation /cost/penalty arising out of non – compliance/non – payment of compensation / taxes etc. out of the contract. 12.0 Maintenance of Display Register at the Stations: 12.1 The Dy. Station Manager (Comml.)/Howrah will maintain a Display Register according to prescribed proforma. Every time a new Advertisement medium is installed/removed/changed at the station by the licensee the entries in that regard has to be made in the Display Register. 12.2 The licensee or his authorized representative shall have to inform the Dy. Station Manager (Comml.)/Howrah in writing in regard to installation / removal / change of any Advertisement medium along with its size, location, type of medium etc. on the same day of such installation/removal/change so that the entry can be made by the Dy. Station Manager (Comml.)/Howrah in the Display Register, failing which the concerned Advertisement medium shall be treated as unauthorized and will be removed. The cost of such removal will be borne upon the licensee. 13.0 Safety and security of Advertisement media: The agreement is entered into on the express understanding that while every care will be taken of the advertisement materials supplied, the Railway Administration shall not be responsible for loss or theft or damage, if any, in transit or during the period of exhibition or for return of the correct number of such materials on the termination/expiry of the license. The Railway Administration shall also not be responsible for the loss or damage, if any, to any property of the licensee. 14.0 Penalty on non-maintenance & discrepancies in displays, and interest for delayed payments etc.: 14.1 The licensee would have advertisement rights confined only to the Gantry earmarked and licensed out to him for publicity under the contract. However, if it is found that the licensee has displayed advertisements in excess to the specified area than approved, he is liable to be charged FIVE TIMES of the proportionate license fee as penalty and the licensee would be bound to vacate the excess space occupied by him within seven days paying due penalty as decided by competent authority. 14.2 The licensee shall at all times during the continuance of the contract ensure trouble-free display of the Railway Directional Signage & Welcome Message and rectify the malfunction, if any, at their own expenses within 24 hours failing which, a penalty will be imposed @ Rs. 500/- per day or part thereof, provided the conditions are not beyond the control of the licensee. Similarly, if the Gantry boards as well as Railway Directional Signage & Welcome Message boards are found unclean for more than a week, Penalty will be imposed @Rs. 500/- per day or part thereof. 14.3 For late payments by the licensee, interest at the rate of 12% p.a. will be imposed, subject to minimum of Rs.5000/-. For accumulating number of months, for which the amount remained outstanding, a part month will be treated as a month. 14.4 Licensee will be penalized up to Rs.5000/- per offence on the following offenses, in addition to legal action: - 14.4.1 Not following the instructions of the Railway Administration. 14.4.2 Dishonoring of Bank Drafts/Pay Orders. Contd…..14…

// 14 // 14.4.3 Any staff of licensee found in drunken condition/indulging in bad conduct. 14.4.4 Any staff of the licensee found creating nuisance on duty. 14.4.5 Advertisement material on display without prior permission of Railway Administration. 14.4.6 Any violation of clauses contained in Code of Conduct of Advertising Agencies. 14.4.7 Any other offence as decided by the Railway Administration of Eastern Railway, Howrah. 14.5 The up keep and maintenance of the advertisement media will be the sole responsibility of the licensee. In case of any exigencies, where the media stands in the way of passenger movement or infringes any administrative functioning, the instruction from the Railway Authority to set right the same must be strictly complied with at the own expenses of the licensee within the shortest possible time maximum within 24 hours, failing which, a penalty will be imposed @Rs. 500/- per day or part thereof, provided the conditions are not beyond the control of the licensee. 14.6 If the licensee or his authorized representative fails to inform the Dy. Station Manager (Comml.)/Howrah in writing in regard to installation/removal/ change of any Advertisement medium on the Gantry on the same day of such installation/removal/change, the concerned Advertisement medium shall be treated as unauthorized and will be removed. The cost of such removal will be borne upon the licensee. 14.7 Periodical inspection of the advertisement on the Gantry will be done by the licensee along with railway representatives to see that the advertisement media are safe and secure and not endangering the safety of the passengers and railway property. The same is displayed as per the approved text of display and is in no manner infringing the free movement of passengers and cleanliness and aesthetics of the media is properly maintained in commensurate with the instructions contained in the agreement clauses. The administration will also conduct random checks and in case any deficiency is found, the Railway Administration reserves the right to impose a fine of Rs.5000/- per occasion. 15.0 Subletting or assigning this license agreement to other party:- Subletting of this license is not permissible. In the event of subletting or assigning this agreement or any part thereof the Railway Administration shall be entitled to cancel the agreement summarily and the licensee shall not be entitled to claim any compensation for loss or damage. 16.0 Termination/Completion of contract:- 16.1 The Railway Administration reserves the right to terminate the agreement without assigning any reason/reasons at any time by giving notice of not less than one month and in that event proportionate refund of license fee will be made by the Railway Administration. However the licensee shall not be entitled to any compensation for damage by reasons of such termination. 16.2 The agreement shall be terminated without assigning any reason/reasons at any time by giving notice of not less than one month. However, in the event of an unsatisfactory working of the licensee, or in the event of failure on the part of the licensee in payment of license fee or any other charges due to the Railway Administration, the Railway Administration reserves the right to terminate the contract and to discontinue the display forthwith and confiscate the advertisement and other material of the licensee without prejudice to any rights available to him/them under the contract. Further to this, the security deposit as mentioned in clause-6.0 will stand forfeited. 16.3 The licensee may terminate the agreement giving notice of not less than one month subject to payment of all dues to Railways within one month time. In such case the proportionate refund of license fee will be made and the security deposit will be forfeited. 16.4 After each violation of instructions, the licensee will be fined as stipulated in clause-15.0 above and for repeated violation of instructions and for breach of agreement, Railway Administration will have a right to cancel the agreement at the risk and cost of the Licensee, without any notice from Railways. Further to this, the security deposit as mentioned in clause-6.0 will stand forfeited. 16.5 In the event of subletting or assigning this license agreement or any part thereof the Railway Administration shall be entitled to cancel the license agreement and the licensee shall not be entitled to any compensation for loss or damage. 16.6 The Railway may at any time, by notice in writing summarily terminate the license without compensation to the Licensee in any of the following events, that is to say –

Contd…..15…

// 15 // 16.6.1 If the Licensee 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 16.6.2 If the Licensee being a company is wound up voluntarily or by the order of a Court or a Receiver, Liquidator or Manager, or 16.6.3 If the Licensee commits any breach of the license agreement 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 thereafter to the Railways for any extra expenditure he is thereby put to and the Licensee shall, under no circumstances, be entitled to any gain on re-purchase. 16.7 On completion/termination of the contract, the licensee shall remove his materials for display of advertisement within 15 days from the date of completion/termination at his own cost failing which the Railway Administration shall be at liberty to dispose of the said materials in any manner deemed fit and this cost will be borne upon the licensee. However, the Railway Administration shall allow the Licensee to remove the materials belonging to or brought by the licensee but not those materials which have already become the property of Eastern Railway Administration by virtue of this Agreement. 17.0 Illumination/Electricity for Displays: 17.1 Railway will provide electricity connections wherever desired by the licensee provided it is possible for Railways to do so. The charges will be computed on average consumption basis at the time of installation and will be paid by the licensee on demand. These charges will be reviewed periodically or otherwise, to take into account changes in electricity rates etc. However, necessary installation charges for separate wiring (and also for meter if separate meter is desired by the licensee) for electrical connections to various publicity points will have to be borne by the licensee. Branded & good quality wiring & fittings as per specification of Railway Authority should be used to avoid any untoward incident, short-circuit, fire etc. 17.2 The licensee shall furnish together with Test Certificate his electricity requirements (if any) for providing service connection and for calculating the consumption charges. 17.3 The licensee shall pay in advance the estimated consumption and service connection charges to be estimated by the Railway Administration as applicable to outsiders. Meter hire charges will also be paid by the licensee in advance as and when advised by the Railway Administration. The licensee agrees to pay all the dues in advance by paying a “Sum equal to the estimated amount of one year”. 17.4 The Railway Administration shall have the right to reduce, stagger or disconnect electric supply due to power shortage or any other cause whatsoever without prior notice to the licensee and without being liable for compensation or proportionate reduction or rent or other charges. The Railway Administration shall also not be responsible for failure, interruption or breakdown of electric supply for whatever cause and shall not be liable for refund of charges for display on account of such failure of electricity.

17.5 Railway Administration may provide electricity to the licensee for glow-signs etc., if available. If electricity to the licensee is not provided for glow-sign etc. either due to shortage of electricity or some other reasons, Railway Administration will neither grant any refund/rebate to the licensee nor entertain any claim on this account. 18.0 Where the licensee is a partnership/proprietorship firm: Where the licensee is a partnership/proprietorship firm, a new partner shall not be introduced in the firm except with the previous consent in writing of the Railway Administration which may be granted only upon execution of a written undertaking by the new partner to accept all liabilities incurred by the firm under the agreement prior to the date of such undertaking. On the death or retirement of any partner of the firm during the continuance of the agreement, the Railway Administration may at his option cancel the agreement and in such case the licensee shall have no claim whatsoever to compensation against the Railway Administration. 19.0 Legal Jurisdiction: The courts of the place where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of this agreement. Contd…..16…

// 16 // 20.0 LEGAL OBLIGATION: The Licensee shall, at all times indemnify the Railway Administration against all claims and penalties which may be suffered by Railway Administration or any person employed by them by reason of any default on the part of the license in due observance and performance of provision of:  Contractor Labour (Regulation and Abolition) Act, 1970  Minimum Wages Act, 1948  Payment of Wages Act, 1936  The Workman’s Compensation Act, 1923  Provisions of Employees Provident Fund and Miscellaneous Provisions Act,1952  Employees’ State Insurance act, 1948  Employees’ Pension Scheme, 1995  Factories Act, 1948  Enforcement of Employment of Manual Scavengers and construction of Dry Latrines (Prohibitions) Act, 1993.  Child Labour Act, 1986  Apprentices Act, 1961  Equal Remuneration Act, 1976  Safai Karamacharis Act, 1993  Industrial Disputes Act, 1947  Maternity Benefit Act, 1961  Trade Unions Act, 1926  Payment of Bonus Act, 1965  Payment of Gratuity Act,1972  Industrial Employment (Standing Orders) Act, 1946  Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Any other relevant laws 21.0 Laws governing the license: 21.1 This license shall be governed by the laws relating to license of India for the time being in force. 21.2 The place of performance or place of payment under the license, the license shall be deemed to have been made at the place from which the acceptance of license has been issued. 22.0 Goods & Services Tax(GST)/Income Tax/ Any other Tax : 22.1 Licensee will get the clearance for display of advertisement from the competent authority and if required also pay any tax imposed by the authority acting on behalf of Court/State Govt./Central Govt./ Municipality or any local body. 22.2 Licensee has to pay Goods & Service Tax (GST) on the license fee, as applicable, in addition to license fee directly to the concerned GST Department on RCM basis. 23.0 Wages, EPF, ESIC – The licensee shall comply with the provisions of the Minimum Wages Act, 1948 (hereinafter referred to as the “Said Act” and the Rules made there under), EPF, ESIC in respect of any employees directly or indirectly employed by or through any authorized representative employed or engaged by him for carrying out the commercial license. 24.0 Apprentices Act – The licensee shall fully comply with the provisions of the Apprentices Act 1961 including any rules and Orders issued there under. He will be liable in respect of the apprentices employed or engaged by him directly or indirectly fulfilling or complying with terms and conditions of the License. 25.0 Provisions of payments of Wages Act – The licensee shall comply with the provisions of the Payment of Wages Act 1936 and the rules made there under in respect of all employees employed or engaged by him directly or through petty licensees or authorized representative employed by him in the works. If in terms of the license, the licensee applies directly or through petty licensees or authorized representative any labour to be used under the superintendent and control of the Commercial Official in connection with the execution of the works, such Labour shall be deemed to be employed by the license. Any expenditure incurred by the commercial official in this behalf shall be deemed to be sums paid by the commercial official on behalf of the licensee. On failure of the licensee to pay such sum by

Contd…..17…

// 17 // way of reimbursement to the Commercial Official, the Railways shall deduct such sum from any sums due to the licensee from the Railway under the license. The Railways shall also be entitled to deduct from any sums due to the licensee (under the license or any other license payable to him) by the way of compensation or costs in connection with any claim. The decision of the Commercial Official on any question in this regard this clause shall be final and binding upon the licensee. 26.0 Contract Labour (Regulation & Abolition) Act: The licensee shall comply with all the provisions of Contract Labour (Regulation & Abolition) Act, 1970 any subsequent amendment thereof and the rules made there under. Licensee will indemnify the Railway Administration for any loss and suffered due to violation of its provisions. 26.0 Copyright Act, 1957: The licensee shall ensure all permissions, necessary under provisions of copyright Act 1957 regarding the content have been obtained. The licensee shall also indemnify the Railway Administration against any damages levied for any copyright infringement. 27.0 The licensee shall comply with the laws of land, regulating the advertisement/display and Railway cannot be held liable for any change/modification in the laws which adversely affect this contract and the licensee will have no right whatsoever. 28.0 Railway Administration will not be responsible for loss/damages caused to the licensee due to removal/alternation/burning of advertisement hoarding etc. for any reason not done by this Railway Administration. 29.0 FORCE MAJURE: 29.1 If at any time, during the continuance of the contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil Commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter referred to events) provided, notice of the happening of any such events is given by either party to the other within 7 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and works / services under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the Manager as to whether the works /services have been so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 120 days, either one may at its option terminate contract by giving notice to the other party.

30.0 Compensation or refund: - 30.1 If for any reason the Administration is not able to honour the License and consider it necessary to cancel the offer/agreement or running license, no compensation will be payable for such cancellation except refund of the proportionate amount of license fee due to the licensee for whole or part period of the contract, without any interest. No appeal against this decision will be entertained. 30.2 The Railway Administration shall not be responsible for any loss or damage caused to the licensee due to total or partial discontinuance of this scheme under the agreement for any reason whatsoever. 30.3 Persons employed by the licensee are not entitled to get any benefits whatsoever from the Railway Administration and will not be entitled to make/ lodge any kind of claim against the Railway Administration. 31.0 Abatement: In case the hoarding structure allotted is not made available fully/partially or is removed due to administrative reasons or reasons beyond the control of Railway Administration then the proportionate abatement in license fees for the respective hoarding structure for the non-display period due to aforesaid reasons shall only be granted subject to verification and certification from concerned Railway Department and approval from competent authority. The Licensee cannot claim any damages/compensation on such account. The decision of the Railway Administration will be final and binding.

Contd…..18…

// 18 // 32.0 Indemnity clause:- 32.1 Licensee shall keep Railway Administration indemnified and completely absolved of any risk, damage or loss however caused due to any kind of disturbances to their property or to their personnel under employment or otherwise engaged by them in discharge of their duties connected with the display of advertisement including claims under the Employees’ Compensation Act. Railway Administration accepts no responsibility for any loss or damage of advertising material belonging to the licensee no matter howsoever caused. 32.2 The licensee hereby undertakes to indemnify the Railway Administration against any loss or damage to the property of the Railway Administration and/or against any claims under any Act in force including Employees’ Compensation Act made for the employees of the Railway Administration or any third party for death, disablement or injury to persons whatsoever arising out of or in any way connected with the display of advertisement. Any amount if so paid by the Railway Administration by way of compensation costs, charges or expenses in this connection shall be considered reasonable and shall be reimbursed by the licensee to the Railway Administration immediately on demand. 32.3 The licensee hereby undertakes to indemnify the Railway Administration from any financial, legal or any other liability for issues/claims raised by any third party regarding the service rendered by Licensee. 32.4 The Licensee shall also keep Railways harmless and indemnified at all times against all claims demands, suits, losses, damages, costs, charges and from all expenses whatsoever which railways 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 licensees hereby granted or the non-observance or non-compliance by Licensee or its servant of any clauses referred to herein. 32.5 The Licensee shall also indemnify railways 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. 32.6 The licensee hereby undertakes to indemnify the Railway against fine, penalty, costs etc. imposed on the Railway by any authority due to contravention of any law, statue, rules etc. of the State or Central Government or local bodies by the Licensee in course of the license by exhibiting any advertisement, which is contrary to such laws. 32.7 The Licensee shall also indemnify railways against all claims made by any third party against it arising from violation of any other laws of the land for the time being in force. 32.8 The licensee shall comply with relevant statutes including Contract Labour (Regulation and Abolition) Act. and payment of Wages Act and other Labour laws and keep the Railway Administration indemnified against any claims arising out of the said act. 32.9 No Railway facilities such as pass, concession tickets, consideration of employment in Railways will be available to licensee’s employees. The licensee shall be fully responsible for the welfare of his/her employees. 32.10 The licensee will be responsible for damages caused due to heavy winds, storms, fire, explosion, riots or other unforeseen causes and indemnify the railways on account of the above mentioned causes. 32.11 The licensee hereby undertakes to indemnify the Railway Administration against – 32.11.1 any loss of or damage/injury to Railway property, 32.11.2 any claim for loss or injury caused to any member of the public and 32.11.3 any loss or injury caused to the employees of the Railway Administration or employees of the licensee, arising out of any negligence or misconduct on the part of the licensee or their employees or because of improper placement of materials or improper fitting of advertisement or advertising materials. 32.11.4 The Railway Administration shall not be responsible for any defect, which may occur in the matter or installation of such advertising materials belonging to the licensee. 33.0 ARBITRATION CLAUSE: 33.1 All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the GM and the GM shall within 120 days after receipt of the contractor’s representation, make and notify decision on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 3.5,

Contd…..19…

// 19 //

4.13, 4.22.4, 4.41.1, 5.4.2, 5.5.2 (c), 6.5, 6.6, 6.7, 6.8, 7.1, 7.2 and 7.4 and sub clauses thereof of General Conditions of Contract for Services or in any Clause of the Special Conditions of the Contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decision of the Railway Authority, thereon shall be final and binding on the contractor, provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the Arbitration Clause.

35.0 Corrupt practices: The licensee shall not offer or give or agree to any person in the employment of The Railway staff and officers may gift or consideration of any kind as an inducement or reward for doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of the license. 36.0 If not provided otherwise in the agreement all notices to be given by the Railway Administration and all other to be received on its behalf may be given or taken by the Sr. DCM/Howrah or any other officer for the time being entrusted with the functions, duties and powers of the competent authority. 37.0 Any notice hereunder shall be deemed duly served on the licensee if delivered or sent by Registered Post with acknowledgement due to his/her address(s) mentioned below.

Full Name:

Address:

38.0 Until execution of separate agreement, above terms and conditions shall be binding to all the parties

In witness of the parties therein have put their hand and signatures on the day and year as first above written.

______Signature of Licensee Signature of Railway Administrator With name & seal

In presence of witnesses:

Signature of witness: Signature of witness:

Contd…..20…

// 20 // ANNEXURE-C FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY BIDDER ALONGWITH THE EOI DOCUMENT

(To be executed in presence of Public notary on non-judicial stamp paper of the value of Rs.100/-. The stamp paper has to be in the name of the bidder)**

I ………………………………….(name and designation)** appointed as the attorney/ authorized signatory of the bidder ( including its constituents),

M/s.______(hereinafter called the bidder) for the purpose of the tender documents for the work of ______as per the tender No.______of (____Railway), do hereby solemnly affirm and state on the behalf of the bidder including its constituents as under:- 1. I/We the bidder(s) am/are signing this document after carefully reading the contents. 2. I/We the bidder(s) also accept all the conditions of the tender and have signed all the pages in confirmation thereof. 3. I/We hereby declare that I/We have downloaded the tender documents from Indian Railway website www.er.indianrailways.gov.in . I/We have verified the content of the document from the website and there is no addition, no deletion or no alteration to the content of the EOI documents. In case of any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of the contract, the master copy available with the railway Administration shall be final and binding upon me/us. 4. I/We declare and certify that I/We have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements. 5. I/We also understand that my/our offer will be evaluated based on the documents/ credential submitted alongwith the offer and same shall be binding upon me/us. 6. I/We declare that the information and documents submitted also with the tender by me/us are correct and I/We are fully responsible for the correctness of the information and documents submitted by us.

7. I/we undersigned that if the certificates regarding eligibility criteria submitted by us are found to be forged/ false or incorrect at any time during process for evaluation of tender, it shall lead to forfeiture of the tender EMD besides banning of business for five year on entire IR. Further, I/we (insert name of the bidder)**______and all my/our constituents understand that my/our offer shall be summarily rejected.

8. I/We also understand that if the certificates submitted by us are found to be false/ forged or incorrect at any time after the award of the contract, it will lead to termination of the contract, alongwith forfeiture of EMD/SD and performance guarantee besides any other action provided in the contract including banning of business for five year on entire IR.

DEPONENT SEAL AND SIGNATURE OF THE BIDDER VERIFICATION I/We above named bidder do hereby solemnly affirm and verify that the contents of my/ our above affidavit are true and correct. Nothing has been concealed and no part of it is false.

DEPONENT SEAL AND SIGNATURE OF THE BIDDER Place:

Dated :

** The contents in Italics are only for guidance purpose. Details are appropriate, are to be filled in suitably by bidder. Attested before Magistrate/Notary Public. Contd…..21…

// 21 // ANNEXURE - 1 GANTRY NO. 2 (2nd Gantry from Rabindra Setu)

139’

9’ SPACE FOR COMMERCIAL PUBLICITY 6’ 9’

RLY SIGNAGE WELCOME TO HWH RLY STN. 3 ’ RLY SIGNAGE

SPACE FOR COMMERCIAL PUBLICITY ( SPACE FOR COMMERCIAL PUBLICITY (4

SIDE) (WESTERN BUILDING STATION SPACE FOR COMMERCIAL PUBLICITY (

SIDE) (EASTERN RIVER SIDE

15’ 15’ 15’

3 SIDES SIDES SIDES 5’ 5’ 5’ )

) )

4’ 4’ 4’

NORTH NORTH FACE NORTH FACE NORTH FACE

EASTSIDE CENTRAL WESTSIDE COLUMN COLUMN COLUMN

SPACE FOR COMMERCIAL PUBLICITY:

ON THE TOP OF THE GANTRY: 139’ X 6’ X 2 (Facing NORTH & SOUTH) = 1668 Sq.Ft

EAST SIDE COLUMN: 15’ X 4’ X 2 (Facing NORTH & SOUTH) = 120 Sq.Ft 15’ X 5’ X 1 (Facing WEST) = 75 Sq.Ft

CENTRAL COLUMN: 15’ X 4’ X 2 (Facing NORTH & SOUTH) = 120 Sq.Ft 15’ X 5’ X 2 (Facing EAST & WEST) = 150 Sq.Ft

WEST SIDE COLUMN: 15’ X 4’ X 2 (Facing NORTH & SOUTH) = 120 Sq.Ft 15’ X 5’ X 2 (Facing EAST & WEST) = 150 Sq.Ft TOTAL = 2403 Sq. Ft. …………………………………... End of Document