भारतसरकार Government of India

रे लमंत्रालय Ministry of Railways

स्टे शन पर विज्ञापन के लिए ननविदा दस्तािेज

Tender Document for advertising at station

स्टे टटक मीडिया के माध्यम से

through Static Media
दक्षिण मध्य रे ल
SOUTH CENTRAL RAILWAY
क्षसकं दराबाद मंडल
SECUNDERABAD DIVISION

क्षिक्षिदासूचिासंख्याTENDER NOTICE NO;

C/C/272/Advts/Static/2019 Dated:02.12.2019

काययकादायराSCOPE OF WORK:-
Tender for Display of Advertisements at _________________ Station/s of Secunderabad Division
inside the station premises and circulating area through

a. Static Media : Hoardings with Flexi Boards/Glow Sign Boards/Tri Vision Boards and any
other approved media

Pre Bid Meeting to be held at 11.00 hrs on 16.12.2019

Last Date of Sale of Tender Forms is upto17.00 hrs on 23.12.2019
Last Date of Submission of Tender Forms is upto15.00hrs on 24.12.2019
Closing of Tender Box is at 15.00hrs on 24.12.2019
Opening of Tender Box is At 15:30 hrs on 24.12.2019

डॉ. सुक्षमत शमाय Dr. Sumit Sharma

िररष्ठ मंडल िाक्षणज्य प्रिंधक / क्षसकं दराबाद मंडल
Sr. Divisional Commercial Manager/ SC

Page 1 of 38
 DISCLAIMER
1. Secunderabad Division, South Central Railway(herein after mentioned as “Railway”) does
not make any representation or warranty as to the accuracy, reliability or completeness of
the information in this Bid Document. Therefore, each Bidder should conduct their own
investigations and analysis and check the accuracy, reliability and completeness of the
information in this Bid Document and obtain independent advice from appropriate
sources. The Bidder shall bear all his costs associated with the preparation and submission
of its Bid including expenses associated with any clarifications which may be required by
Railway or any other costs incurred in connection with or relating to its Bid. All such costs
and expenses will remain with the Bidder and Railway shall not be liable in any manner.

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

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

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

5. Each Bid document must be accompanied with self-attested Photo copies of documents
which are required to be Enclosed to this bid document

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 SCHEDULE OF BIDDING PROCESS

S.No ACTIVITY DATE

1 Notice Inviting Tender date 02.12.2019

2 Pre Bid Meeting to be held at 11.00 hrs on 16.12.2019

3 Last Date of Sale of Tender Forms is upto17.00hrs on 23.12.2019

4 Last Date of Submission of Tender Forms is upto15.00hrs on 24.12.2019
5 Closing of Tender Box is at 15.00 hrs on 24.12.2019
6 Opening of Tender Box is at 15.30hrs on 24.12.2019

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 NOTICE INVITING TENDER

Tender Notice Number: C/C/272/Advts/Static/2019 dated : 02.12.2019

1. Senior Divisional Commercial Manager, Secunderabad Division, South Central Railway, for
and on behalf of President of India, invites sealed Tenders through Single Packet from
advertising agencies and interested parties, in the prescribed form for Display of
Advertisements at________________Station of Secunderabad Division through static
media.

2. SCOPE OF CONTRACT:
2.1 Tender is for award of Advertising rights for display of Advertisements at
________________Station, which includes, Circulating Area, Concourses, Platforms,
Platform shelters, Foot Over Bridges, Platform boundary walls and Station building
walls, both inside and outside faces, Lifts & Escalators, Waiting Halls, UTS & PRS
counters, Water hydrants between platforms, Passenger information boards. Inside areas
of Reservation Complex, Parcel Office, etc., that are outside the main station building
will also be part of this package.
2.2 The Media through which the advertisements can be displayed are Hoardings/Boards,
Glow sign boards, Tri Vision boards etc.
2.3 Apart from the above, any other type of media approved by Senior Divisional
Commercial Manager, Secunderabad division, South Central Railway can be used.
3. SALE OF TENDER FORMS:
3.1 The interested Bidders may purchase prescribed Tender Forms in person by submitting
original Money Receipt issued towards cost of tender form (non-refundable) by Cash
Office of Secunderabad division from the Railway office at the address mentioned in
Para No.12 below between 10.00 hrs and 17.00 hrs on all working days before the date of
closing of sale of tender bids as detailed in the NIT.
3.2 Tender Forms can also be downloaded online from the website
https://www.scr.indianrailways.gov.in. The Bid must be accompanied by Cost of
Tender Document of the following value.
a) Rs. 2,800/- (including GST) for tenders with tender value less than Rs.50 lakhs.
b) Rs. 5,600/- (including GST) for tenders with tender value of Rs.50 lakhs and more.
The tender value is total estimated value for 5 years as described under Para-4 below.
3.3 Cost of Tender Form is to be submitted in the form of Demand Draft/Banker’s cheque
drawn in favour of ”Senior Divisional Finance Manager, Secunderabad Division, South
Central Railway” drawn on any Scheduled Commercial Bank in India or Money Cash
Receipt issued by Divisional Cashier failing which the offer will be summarily rejected
duly forfeiting the Earnest Money Deposit.
3.4 Cost of Tender Form is inclusive of GST and it is non-refundable.
3.5 Cost of Tender Form in any other Mode will not be accepted.
4. EARNEST MONEY DEPOSIT:
The bid must be accompanied by Earnest Money Deposit (EMD) of 2% of the tender value
(tender value will be the total of five years Estimated Value/Assessed Earning Potential
where the 4th year Estimated Value/Assessed Earning Potential will be 10% more than the
3rd year Estimated Value/Assessed Earning Potential and 5th year Estimated
Value/Assessed Earning Potential will be 10% more than 4th year in the form of DD/BC
drawn in favour of ‘Senior Divisional Finance Manager, Secunderabad Division, South
Central Railway” drawn on any Scheduled Commercial Bank in India or Money Receipt

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 issued by Cash Office of Secunderabad division, failing which the offer will be summarily
rejected.
5. SUBMISSION OF TENDER FORMS: Sealed Tender forms should be dropped in the
designated Tender box at the address given below not later than 15:00 hrs on 24.12.2019.
Address:Tender Hall,

Divisional Railway Manager, Hyderabad Division Compound,

Secunderabad – 500 003

6. CLOSING OF TENDER BOX:Tender Box will be closed sharply at 15.00 hrs on 24.12.2019.
7. OPENING OF TENDER BOX AND BIDS:
Bids shall be opened on the same day at 15:30 hrs on 24.12.2019 in presence of the bidder or
his/her/their representative who chooses to attend the tender opening. For allowing the
representative during tender opening, an authority letter of the bidder has to be given to
Railways. The onus of dropping the bid in the box well in time lies with the bidder.
8. LATE BIDS: Bids received after 15:00 hrs will be called “late” bid and will not be considered
further for evaluation.
9. In the event the Bid opening date happens to be a holiday for the working of bid inviting
office due to any unforeseen reason, the next working day of the office automatically become
the bid opening date.
10. Each page of the tender document should be signed in full by the Bidder.
11. Railway reserves the right to accept/reject any or all Bids without assigning any reason
thereof.
12. ADDRESS FOR COMMUNICATION WITH RAILWAYS:
Senior Divisional Commercial Manager,
Secunderabad Division
South Central Railway
Telephone No :040- 27822230, 040-27786679
Email id :srdcmsc@gmail.com
13. The details of advertisement through Static Media are as under:
Estimated Total Estimated
EMD @ 2% of
Sl. Area offered in value for Value for 5 Cost of tender
Station contract value
No. sft 1st year years form Rs.
Rs.
Rs.
01. Secunderabad (PF: 1 to 7) * 7000 57,40,000/- 3,04,79,400/- 609590 5,600/-
02. Secunderabad(PF: 8 to 10) * 8975 27,01,475/- 1,43,44,833/- 286900 5,600/-

Please Note:
a. Each Station as detailed above is a separate tender and the bids are to be submitted separately for
each of them.*At Secunderabad Station, Sl No 1 & 2 are separate tenders
b. Tender documents can be downloaded from http:/scr.indianrailways.gov.in website.
c. For Secunderabad station, circulating area does not come under the scope of this contract.
d. Multiple bids received in a single tender will be summarily rejected.

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 INSTRUCTIONS TO BIDDERS REGARDING TENDER FORMS DOWNLOADED FROM
INTERNET
1. Tender document can be downloaded from the internet and printout can be taken on A/4
size paper and details can be entered by the bidder as required in the document. It is
advisable that the downloaded tender document be printed through laser printer.
2. The tender document (in full) downloaded, along with the various documents required to be
attached as per the tender conditions, should be put in a sealed cover duly superscribing
with the name of the work, tender notice number and date. Duly filled up tender document
should be dropped in the tender box kept in the office specified in the tender document on or
before the date and time stipulated in the tender document.
3. In case the Tender form is downloaded from the website, then the cost of tender document
will have to be deposited by the bidder along with the tender in the form of Bank Demand
Draft/Banker’s cheque, payable in favour of ‘Senior Divisional Finance Manager,
Secunderabad Division, South Central Railway’.
4. The Demand Draft/Banker’s Cheque towards the Tender Cost should be a separate Demand
Draft/Banker’s Cheque and should not be clubbed with the Demand Draft/Banker’s Cheque
of EMD amount. A single demand draft for the cost of tender form and Earnest Money
Deposit will not be accepted. Tenders not accompanied with the Demand Draft/Banker’s
Cheque towards the cost of tender form will be summarily rejected, duly forfeiting the
Earnest Money Deposit.
5. The earnest money deposit required for this work as stipulated in the tender document
should be a separate Demand Draft/Banker’s Cheque, etc.
6. Bidders are advised to download tender documents well in advance and submit the tender
before the stipulated time. It is the responsibility of the Bidder to check any correction or
corrigendum or any modifications that may be published subsequently in the website, and
the same shall be taken into account while submitting the tender.
7. Bidder shall download corrigendum/s and addendum/s (if any), print it out, sign and
attach it with the main tender document. However, corrigendum/s or addendum/s will not
be issued in the Ten (10) days prior to the date of opening of tender. Tender document not
accompanied by published corrigendum/s and addendum/s will be liable to be rejected.
8. The Railway will not be responsible for any delay in downloading of tender document from
the internet.
9. The bidder may please note that the rate to be quoted in the Price Bid should be written in
both figures and in words. Incase, differences are noticed in the figures and words quoted
by the Bidder in the offer, the amount quoted in words will be taken into account.
10. Bidder should not use red and/or green ink in the tender form. Offers using red and/or
green ink will be summarily rejected. Each page of tender document should be signed in full
by the bidder.
11. Bidder/s are free to download tender document at their own risk and cost for the purpose of
perusal as well as for using the same as tender document for submitting the offer.
12. Master copy of the tender document including corrigendum/s and addendum/s issued if
any, is available in the office of the Senior Divisional Commercial Manager, Secunderabad
Division, South Central Railway, inviting tender. After award of work, an agreement will be
prepared based on the master copy of tender document available in the above mentioned
office.

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13. In case of any discrepancy between the tender document downloaded from the internet and
the master copy including corrigendum/s and addendum/s issued if any, the latter shall
prevail and will be binding on the bidder(s). No claim on this account will be entertained.
14. If any change/addition/deletion is made by the Bidder/Licensee in the tender
document/Contract agreement and the same is detected at any stage even after the award of
the tender, full earnest money deposit/balance license fee and security deposit will be
forfeited and the contract will be terminated. Further, the bidder will be disqualified from
participating in any tenders for Publicity contract over Secunderabad Division for a period of
one (01) year. Senior Divisional Commercial Manager can also take action, at his discretion,
to terminate other contracts under operation by the Bidder/Licensee in the division and
confiscate the Security Deposit and License Fee of those contracts.
15. The following declaration should be given by the bidder while submitting the tender:
DECLARATION
1. I/We have downloaded the tender form from the internet website
http://www.scr.indianrailways.gov.in and I/We have not tampered/modified the tender
forms in any manner. In case, if the same is found to be tampered/modified, I/We understand
that my/our tender will be summarily rejected and full earnest money deposit will be forfeited
and I/We am/are liable to be disqualified from participating in any tenders for Publicity
contract over Secunderabad Division for a period of one (01) year. Senior Divisional
Commercial Manager can also take action, at his discretion, to terminate other contracts under
operation by me/us in the division and confiscate the Security Deposit and License Fee of those
contracts.
2. I/We are submitting Demand Draft / Banker’s Cheque vide No._________________________
dated _________issued by__________________________(Bank),_____________________(Branch)
for Rs. ___________________ in favour of ‘Senior Divisional Finance Manager
____________________Division South Central Railway, (or) Money Receipt No._____________
issued by _____________Railway Cash Office, towards the cost of tender form.

3. I/We are submitting Demand Draft / Banker’s Cheque vide No._________________________

dated _________issued by__________________________ (Bank),_____________________(Branch)
for Rs. ___________________ in favour of ‘Senior Divisional Finance Manager
____________________Division South Central Railway, (or) Money Receipt No._____________
issued by _____________Railway Cash Office, towards the Earnest Money Deposit.

Signature of Bidder:
Date :

Address :

Mobile Number :

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 Chapter – I

1. SCOPE OF THE WORK :

1. Tender is for award of Advertising rights for display of Advertisements through various
static media in station premises (Inside the station building and Circulating areas), for a
maximum area as indicated in the tender notification on payment of an agreed license
fee.
2. The areas include :
a) Station Approach Road and circulating area,
b) Concourses,
c) Platforms,
d) Platform shelters,
e) Foot Over Bridges,
f) Platform boundary walls and Station building walls, both inside and outside faces,
g) Lifts & Escalators,
h) Waiting Halls, UTS & PRS counters,
i) Water hydrants between platforms,
j) Passenger information boards.
k) Inside areas of Reservation Complex, Parcel Office that are outside the main station
building

3. Apart from the above, any other areas within the station premises approved by Senior
Divisional Commercial Manager, Secunderabad division, South Central Railway can be
used.

4. The static media through which the advertisements can be displayed are:
a) Hoardings
b) Uni-Poles/Uni-Structures (only in circulating areas)
c) Glow signs Boards
d) Central Medians(Lollipops)
e) Tri Vision boards
f) Any other type of Media approved by Senior Divisional Commercial Manager
5. The Licensee will display advertisements at the above locations through the above media
in Railway Area. As a consideration, the Licensee pays license fee to Railways. For the
advertisements displayed, licensee would collect display charges from the principals who
want to display their advertisements.
6. The Licensee shall carry out advertising operations based on relevant laws, provided
there is no interference with the operation of Railways and the advertisements do not
affect the safety of Passengers and Train operations & do not deface or detract from the
aesthetics or look of the façade of any Heritage or Buildings.

2. The Bidder, before participating in the tender, should physically visit the station and should
satisfy themselves that they can display the advertisements at the particular Station/location,
as per Law of the Land, by obtaining necessary permission from appropriate authority, within
the stipulated time period. They should also estimate probable earning potential of each
package. They should also engage the experts to guide them during this survey. Thereafter,
they should quote workable license fee.

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3. During the course of the contract, there is a possibility of disputes arising between Licensee of
Static and Digital medias, with each one claiming rights over particular
location/structure/area. In such situations, the decision taken by Senior Divisional
Commercial Manager is final and binding on the Licensee and no compensation will be paid
for loss of a particular site due to the decision of Senior Divisional Commercial Manager.

4. TENURE OF LICENSE:
The tenure of this License shall be for a period of five (5) years only from the date of
commencement of the License. In exceptional circumstances, the contract can be extended
beyond 5 years, if agreed to by the contractor, for a period of 1 year (in spells of 6 months
each) with 10% escalation on the license fee of 5th year.

5. ELIGIBILITY CRITERIA:
1. If the Bidder is an individual, he should be an Indian National. If the bidder is a company
or a partnership firm, then it should have been incorporated/ registered in India.
2. The Bidder should have minimum Two (02) years experience in advertising field during
the past 10 years from the date of issue of Tender Notification. In support of this, the
bidder should submit an experience/work completion certificate issued by Railways or
Central/State Government departments or PSUs or Municipal Authorities or State Road
Transport Corporations or Airports. This certificate should have been issued by an officer
of a rank of Sr. Manager or above or at least by a Gazetted Officer in that organization.
3. In any one of the financial years out of the Three (03) preceding financial years, the
licensee should have achieved a turnover from advertising business which is equal to or
more than the First (1st) year Estimated Value/Assessed Earning Potential in this Tender
Notification. In support of this, the bidder should submit the Audited Balance Sheet and
Profit & Loss account of the preceding Three (03) financial yearswith specific mentioning
as Turnover from Advertising business, duly certified by Chartered Accountant.
4. The preceding Three financial years will be calculated as follows.
a. If the date of tender notification falls between 1st April to 30th September, then the
preceding three (3) financial years will be counted excluding immediate preceding
financial year.
b. If the date of tender notification falls between 1st October to 31st March of a financial
year, then the preceding three (3) financial years will be counted including the
immediate preceding financial year also.
c. To illustrate, let us say the date of tender notification is 10-04-2019, then the
preceding three (3) financial years for the purpose of this clause will be
2015-16, 2016-17 & 2017-18
On the other hand, if the date of tender notification is say 01-10- 2019, then the
preceding three (3) financial years will be
2016-17, 2017-18 & 2018-19

6. LIST OF DOCUMENTS TO BE ENCLOSED BY THE BIDDER(S):

The Bid shall contain the following documents. Otherwise Bid will be summarily rejected:
i) Declaration by Bidder(s) who has downloaded the Tender forms from internet.
ii) Bid in the prescribed format along with five (05) Annexures.
iii) Legal Status of the bidder - The bidder, if he is an individual or sole proprietor, shall
furnish self-attested copy of Government approved Identity Proof, such as AADHAAR
CARD, PAN card, Passport etc. In case the bidder is a Company, the bidder has to
submit Memorandum of Articles of Association. If the bidder is a partnership firm, then
a copy of Partnership Deed should be submitted.
iv) Experience–Bidder should have minimum of Two (02) years experience in any
advertising field with supporting documents as detailed in Para 5.2 of this chapter.

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 v) Financial Status of the Bidder- In any one of the Financial Years out of the preceding
Three (03) financial years, the bidder should have achieved a turnover from Advertising
Business equal (or) more than the first year Estimated Value/Assessed Earning
Potential in this tender. In support of this, the bidder should submit the Audited
Balance Sheets and Profit & Loss Account of the preceding Three (03) Financial Years
with specific mentioning as Turnover from Advertising businessduly signed by
Chartered Accountant. These documents should be enclosed as detailed in para no. 5.4
of this chapter.
vi) Address proof - Self-attested copies of proof of Address in the Identity Cards issued by
Central/State Governments.
vii) Tenders by Firms shall be in the Firm’s name and signed by the person authorised on
their behalf. In case of Partnership firm, the name of all the partners with their full postal
address should be furnished with the tender and if the firm is registered under the
Indian Partnership Act of 1931, the registration number of the firm should also be given.
The partner who is signing the tender form should hold power of attorney (format is
given at Annexure-I) in his favour to act for and on behalf of the partnership firm. In
case of joint Hindu Family (Hindu Undivided Family), the tender must be signed by
Kartha or authorised person.
viii) If the bidder is a proprietary firm, the bidder should submit an undertaking that “he is
the sole proprietor of the Firm”. In this case, Annexure-I is not necessary.
ix) NOTARIZED AFFIDAVIT ON A NON-JUDICIAL STAMP PAPER FOR THE
VERACITY OF DOCUMENTS:
a) The bidder shall submit a notarized affidavit on a non-judicial stamp paper of
Rs.100/- stating that all their statements/documents submitted along with bid are
true and factual, and if it is found false at any point of time, they will be liable to be
disqualified/ terminated from the tender/license.
b) Standard format of the affidavit by the Bidder is enclosed as Annexure-II. Non
submission of this affidavit by the bidder shall result in summary rejection of
his/their bid.
x) Banker’s Cheque/Demand draft as notified in the tender document as Cost of Tender
Document drawn in favour of Senior Divisional Finance Manager, Secunderabad
Division, South Central Railway OR Money Receipt issued by the cash office of SC
Division, SC Railway.
xi) Banker’s Cheque/Demand draft as notified in the tender document as Earnest Money
Deposit drawn in favour of Senior Divisional Finance Manager, Secunderabad Division,
South Central Railway or Money Receipt issued by the Cash Office of Secunderabad
Division, South Central Railway.
xii) The Demand Draft/Banker’s Cheque towards cost of tender form should not be
clubbed with EMD amount.
xiii) Mandate form for National Electronic Fund Transfer/Electronic Clearing Service
(Credit Clearing) is given in Annexure-V.
7. A single Demand Draft/Banker’s cheque for the cost of tender form and Earnest Money
Deposit will not be accepted. Separate Demand Drafts/Banker’s cheques is to be drawn
towards Cost of the tender Document and Earnest Money Deposit.
8. Tenders not accompanied with the demand drafts/Banker’s Cheques towards the cost of the
tender document and Earnest Money Deposit will be summarily rejected.

End of Chapter - I

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 Chapter – II
COST OF TENDER DOCUMENT, EMD, SECURITY DEPOSIT, LICENSE FEE, TAXES AND
OTHER UTILITY CHARGES

1. COST OF OF TENDER FORMS:

a. The interested Bidders may purchase prescribed Tender Forms in person by submitting
original Money Receipt issued towards cost of tender form (non-refundable) by Cash
Office of Secunderabad division from the Railway office at the address mentioned below
between 10.00 hrs and 17.00 hrs on all working days before the date of closing of sale of
tender bids as detailed in the NIT.
ADDRESS:

Senior Divisional Commercial Manager,

Secunderabad Division

South Central Railway

Telephone No :040- 27822230, 040-27786679

Email id :srdcmsc@gmail.com

b. Tender Forms can also be downloaded online from the website

https://www.scr.indianrailways.gov.in. The Bid must be accompanied by Cost of Tender
Document of the following value.
Rs. 2,800/- (including GST) for tenders with tender value less than Rs.50 lakhs.
Rs. 5,600/- (including GST) for tenders with tender value of Rs.50 lakhs and more.
c. Cost of Tender Form is to be submitted in the form of Demand Draft/Banker’s cheque
drawn in favour of ”Senior Divisional Finance Manager, Secunderabad Division, South
Central Railway” drawn on any Scheduled Commercial Bank in India OR Money Cash
Receipt issued by Divisional Cashier failing which the offer will be summarily rejected
duly forfeiting the Earnest Money Deposit.
d. Cost of Tender Form is inclusive of GST and it is non-refundable.
e. Cost of Tender Form in any other Mode will not be accepted.

2. EARNEST MONEY DEPOSIT

1) The Bid shall be summarily rejected, if it is not accompanied by the Earnest Money Deposit.
Bidder should note that EMD will not be accepted in the form of cash currency notes or
bank guarantee.
2) The bid must be accompanied by Earnest Money Deposit (EMD) equal to 2% of the tender
value (tender value will be the total of five years Estimated Value/Assessed Earning
Potential . The 4th year Estimated Value/Assessed Earning Potential will be 10% more
than 3rd year Estimated Value/Assessed Earning Potential and 5th year Estimated
Value/Assessed Earning Potential will be 10% more than 4th year Estimated
Value/Assessed Earning Potential ) in the form of Demand Draft/Banker’s cheque drawn
in favour of ‘Senior Divisional Finance Manager, Secunderabad Division, South Central
Railway and drawn on any Scheduled Commercial Bank in India or Money Receipt issued
by Cash Office of Secunderabad Division, failing which, the offer will be summarily
rejected.
3) Earnest Money Deposit in any other mode will not be accepted.

Page 11 of 38
 4) The validity period of the Demand Draft / Banker’s Cheque submitted towards
EMD/CTF shall not be less than 60 days, and may be extended as mutually agreed from
time to time, failing which, the offer after the expiry of the aforesaid period shall not be
considered by the Railways.
5) The Earnest Money of unsuccessful Bidder(s) shall be returned, without any interest,
except in cases where the bidder is a defaulter for payment of dues towards any other
contract (s) already awarded by commercial department over South Central Railway. In
such cases, the Railway administration reserves the right to withhold the Earnest Money of
such unsuccessful Bidder(s) and the EMD will be refunded only on clearance of dues or
will be adjusted towards such dues.
6) Earnest Money of the selected bidder shall be retained with Railways till the Licensee pays
the Security Deposit and First six months License Fee. Thereafter, EMD paid shall be
refunded. The EMD can be adjusted towards the 1st Half Year license fee upon specific
request of the successful bidder subject to submission of the Security Deposit in the format
prescribed within the due time as described in the tender documents.
7) Any reference to the previous deposit of Earnest Money Deposit and Security Deposit for
adjustment against the first half year License Fee or Security Deposit of the present tender
will not be accepted. Similarly, request for recovery from any earlier security deposit
against present tender’s EMD will not be entertained.
8) REFUND OF EARNEST MONEY DEPOSIT:
EMD of all unsuccessful bidders will be returned within reasonable time after the
finalization of the tender. Further, if the validity of the Bid is not extended by the bidder
beyond 63 days, the EMD of such bidders will be refunded. No interest is payable by
Railways on the EMD amount.

9) FORFEITURE OF EARNEST MONEY DEPOSIT:

The EMD is liable to be forfeited, if the tenderer withdraws or amends or derogates
from the tender within the period of validity of his offer or after the issue of Letter of
Awarding.

3. SECURITY DEPOSIT:
1. Licensee should submit 50% of Fifth Year License Fee towards Security Deposit (i.e Six
Months License Fee of 5th Year)
2. Security Deposit is to be submitted by way of irrevocable Bank Guarantee (BG : as per the
enclosed format) or Fixed Deposit Receipt only, issued by a Nationalized
Bank/Scheduled Bank drawn in the name of Sr. Divisional Finance Manager,
Secunderabad Division, South Central Railway.
3. The validity period of Bank Guarantee / Fixed Deposit Receipt should be Six months more
than the total contract period, i.e., it should be Sixty Six (66) months.
4. Security Deposit shall be paid within THIRTY (30) days from the date of acknowledgement
of Letter of Award (LoA) by the Licensee without penalty. However a penal interest of 15%
Per Annum will be charged for the delay beyond 30th day (i.e. from 31st day after the date of
receipt of LoA) up-to 45th day from the date of receipt of LoA. If the successful bidder fails to
pay the security deposit within 45 days from the date of acknowledgement of LoA, the
LoA will be treated as cancelled and the contract will be terminated without giving any
notice of termination. Further, Earnest Money Deposit will be forfeited and the tenderer
will be disqualified from participating in any tenders for Publicity contract over
Secunderabad Division for a period of one (01) year. Senior Divisional Commercial
Manager can also take action, at his discretion, to terminate other contracts under operation
by the tenderer in the division and confiscate the Security Deposit and License Fee of those
contracts.

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 5. Railway Administration shall have the right to adjust this Security Deposit in part/full for
any payment due to the Railways for the existing or any other contract of the licensee.

4. FORFEITURE OF SECURITY DEPOSIT:

a. The Security Deposit will be forfeited for breach of agreement conditions.
b. If the licensee rescinds the contract, runs away or abandons the contract in midway
before the third year in violation of Para No 36 of Chapter-III, the Security Deposit will
be forfeited.
c. At any time, if it is found that a material misinterpretation has been made by the
Licensee, the Security Deposit will be forfeited.
5. REFUND OF SECURITY DEPOSIT:
The Security Deposit will be refunded on satisfactory completion of the contract period and
after all the railway dues are cleared and advertisement materials are removed from
Railway premises within seven (7) days from the date of expiry of contract.
6. PAYMENT OF LICENSE FEE:
1) The Annual License Fee shall be paid on Half yearly basis. Payment of license fee in
Monthly/Quarterly installments is not permitted.
2) First six months license fee of first year shall be paid within THIRTY (30) days from the date
of acknowledgement of Letter of Award (LoA) by the Licensee without penalty. However a
penal interest of 15% Per Annum will be charged for the delay beyond 30th day (i.e. from 31st
day after the date of receipt of LoA) up-to 45th day from the date of receipt of LoA.
3) Any delay in payment of first six months license fee beyond the stipulated period of Forty
Five (45) days will result in cancellation of LoA, forfeiture of EMD and termination of
contract. Further, the tenderer will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year. Senior
Divisional Commercial Manager can also take action, at his discretion to terminate other
contracts under operation by the tenderer in the division and confiscate the Security
Deposit and License Fee of those contracts.

7. PAYMENT OF LICENSE FEE FOR SUBSEQUENT SIX MONTHS PERIODS:

1) For subsequent six months periods, the license fee shall be paid 15 days before the
commencement of next six months period for which license fee is due. Any delay in
payment of license fee beyond 15 days shall attract interest @18% per annum,
calculated for the number of days of delay. In case the licensee fails to pay the license
fees within 90 (Ninety) days after the due date (Due date is 15 days before the
commencement of subsequent six months period. So, 90 days =15 days before + 75
days after the commencement of the six months period), the license will be
terminated by treating it as breach of contract without issuing any notice of
termination and with all attendant liabilities.
2) Further, the tenderer will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year.. Senior
Divisional Commercial Manager can also take action, at his discretion to terminate
other contracts under operation by the tenderer in the division and confiscate the
Security Deposit and License Fee of those contracts.
Illustration:-
Let us say, the second six months period of the contract starts from 16-01-2018. Then the
due date for payment of license fee will be 01-01-2018. License fee can be paid with 18%
(per annum) penal interest up to 31-03-2018. If it is not paid up to 31-03-2018, then the
contract will be terminated on the next date (01-04-2018) by issuing a letter of
termination. There will be no notice of termination in these cases.

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 3) In such cases of termination, the license fee due for the 75 days will be adjusted from
the security deposit and the balance security deposit will be forfeited. Further, the
tenderer will be tenderer will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year.. Senior
Divisional Commercial Manager can also take action, at his discretion, to terminate
other contracts under operation by the tenderer in the division and confiscate the
Security Deposit and License Fee of those contracts.
4) Payment of License Fee in installments (Monthly, Quarterly) is strictly prohibited.
While quoting the License Fee in the tender, the bidder should take this factor into
account and accordingly quote the Quantum of License Fee for the First Year.
8. PAYMENT OF LICENSE FEE IN TIME:
Payment of License fee in time is entirely the responsibility of the Licensee. Railway
will not give any reminder or advance notice or intimation prior to the due date of
payment.

9. ESCALATION OF LICENSE FEE:

There will be no escalation on License Fee in the first year, second year and third year
(which means for six monthly period) of contract. However, there will be an escalation of
license fee at the rate of 10% per annum on the license fee of the immediate preceding year
and this will be applicable from the Fourth Year onwards. In other words, the Fourth Year
License Fee (7th and 8th half yearly license fee) will be 10% higher than Third Year License
Fee. Similarly, the Fifth Year License Fee (9th and 10th half yearly license fee) will be 10%
higher than Fourth Year License Fee. The bidder should take this into account while
quoting the License Fee in the Tender for the First Year.

10. TAXES AND OTHER UTILITY CHARGES:

In addition to the License Fee, the Licensee should pay the Income Tax, GST, utility
charges and other applicable taxes to the Statutory Authorities and submit the
copies of receipts to Railways.

11. REFUND OF LICENSE FEE:

The Railway Administration reserves the right to terminate the contract, without assigning any
reason(s) at any time, by giving notice of not less than three (3) months. The licensee shall not
be entitled to any damages or compensation by reason of termination other than refund of
proportionate amount of License Fee for the period of Non-Display.

*** end of Chapter – II ***

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 Chapter – III
General conditions of contract/Instructions to bidders
1. The tender documents are non-transferable. The cost of tender document is not refundable.
2. Entire Tender Document should be duly signed by bidder on each page and complete in all
respects along with the documents asked for.
3. All offers shall be typed or hand written neatly In English. Each page of the offer must be
numbered. A reference to total number of pages comprising the offer must be made at the top
right of the first page. Offer with overwriting or use of whitener shall summarily be rejected
along with forfeiture of EMD.
4. Any queries or request for additional information concerning this Document shall be submitted
in writing or by fax and e-mail to Senior Divisional Commercial Manager, Secunderabad
Division, at least 7 (seven) days before the date of opening of the tender. The envelopes/
communication shall clearly bear the following identification/ title:
“Clarification for Tender Notice Number ______________ to be opened on _____________”.

5. CORRIGENDUM/ADDENDUM :
1) Corrigendum(s) or addendum(s) will not be issued in the Ten (10) days prior to the
date of opening of tender. However, the date of opening can be postponed by giving
due notice in advance.
2) Bidder shall download corrigendum(s) and addendum(s) if any, print it out, sign and
to be attached with the main tender document.
3) The Railway will not be responsible for any postal delays/delay in downloading of
tender document from the internet.
4) Tender document not accompanied by published corrigendum/s and addendum/s
will be liable to be rejected.

6. SEALING AND MARKING OF BIDS:

1) The Bidder shall quote the first year license fee in the format specified at Annexure-III
and submit it together with the Bid Document (s), Cost of Tender Document and
Earnest Money Deposit and with all enclosures.
2) Bid to be submitted in sealed envelope and the envelope should be super-scribed as
“BID” and indicate the name of the bid, tender notice and date as: "Display of
advertisements through Static Media in Station premises of ______________station of
Secunderabad Division", and shall clearly mention the name and address of the
Bidder. In addition, the Bid Due Date should be indicated on the right hand corner of
the envelope.
3) The name and address of the bidder should be clearly written on the envelop. This
envelope should be addressed to Senior Divisional Commercial Manager,
Secunderabad Division South Central Railway.

7. SUBMISSION OF BIDS AND CLOSING TIME OF TENDER:

1. Bids submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
summarily rejected.
2. Sealed envelope cover will not be received in person. It should invariably be dropped in
the Tender Box specially kept for this purpose at nominated place. The tender box will
be closed and sealed exactly at the time indicated in the tender notice.

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 3. Sealed envelope cover should be dropped in the designated Tender box up to 15.00 hrs
on the date mentioned in the Notice Inviting Tender.
8. LATE Bid (s):
Bids received by Railway after the specified time on the Bid due date shall not be eligible for
consideration and shall be summarily rejected.

9. OPENING OF SEALED TENDERS:

1. If the tender is unable to be opened on the date mentioned due to the date of opening is
declared as Holiday or for any other reason which is not under control of Railway
Administration, the tender will be opened on next working day at the same time and
place.
2. Bids will be opened in presence of Bidders. Interested bidders may like to be present can
witness the Bid Opening.
3. In the absence of bidders, their representatives can witness the Bid Opening subject to
representative should possess an authority letter issued by Bidder.

10. Bidders are required to furnish/submit all the information specified in this Document.
11. The Bidders shall be responsible for all of the costs associated with the preparation of their Bids
and their participation in the Bidding Process. Railway will not be responsible or in any way
liable for such costs, regardless of the conduct or outcome of the Bidding Process.
12. Prior to making the Bid, Bidders must examine all tasks in relation to rendering of desired
services under the License and carry out, at their cost, such studies/analysis, as may be
required for submitting their respective Bids for award of the License. Advertising through
Static Media is a specialized work requiring some level of experience and expertise. Therefore,
it is essential that the prospective bidders conduct a thorough investigation and analysis of the
business model and risks involved in this. Only thereafter the tender should participate in
tendering and quote the License Fee.
13. Railway reserves the right to accept or reject any Bid; to cancel or modify the process or any
part thereof; to vary any of the terms and conditions,; and/or to annul the Bidding Process and
reject all Bids, at any time during the Bidding Process, without thereby incurring any liability to
the affected Bidder(s) or any obligation to inform the affected Bidder(s) of the grounds for
Railway’s action.

14. AFFIDAVIT BASED SYSTEM OF CREDENTIAL VERIFICATION:

1. The bidder shall submit a notarized affidavit along with the tender document, in support of
his/their claim to fulfill the eligibility criteria as mentioned in the tender document.
2. Each page of the copy of documents/certificates in support of credentials, submitted by the
tenderer, shall be self attested by the bidder or authorized representative of the
Bidder/Advertising agency/Firm.
3. Self attestation shall include signature, stamp and date (on each page).
4. The bidder shall submit the notarized affidavit on a non-judicial stamp paper of Rs.100/-
stating that they are liable to be disqualified, and that all their statements/documents
submitted along with the bid are true and factual. Standard format of the affidavit to be
submitted by the bidder is enclosed as Annexure-II.
5. Non-submission of an affidavit by the bidder shall result in summary rejection of his/their
bid. It should be mandatorily incumbent upon the bidder to identify, state and submit the
supporting documents duly self attested by which he / they, is/are qualifying the
eligibility criteria mentioned in the tender document. It will not be obligatory on the part of
the Tender Committee beyond the submitted document of the tenderer as far as his
qualification for the tender is concerned.

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15. The Railway reserves the right to verify at any time the statements, information and documents
submitted by the bidder in his tender offer, and the bidder shall, when so required by the
Railway, shall make available all such information, evidence and documents as may be
necessary for such verification. Any such verification or lack of such verifications, by the
railway shall not relieve the bidder of its obligations or liabilities hereunder nor will it affect any
rights of the railway there under.
16. In case of any wrong information submitted by tenderer, Railway has the right to annul the
license and terminate the license agreement treating the same as material breach of contract.
Earnest Money Deposit (EMD) and Security Deposit (SD) of the contract will be forfeited.
Further, the tenderer will be disqualified from participating in any tenders for Publicity contract
over Secunderabad Division for a period of one (01) year.. Senior Divisional Commercial
Manager can also take action, at his discretion to terminate other contracts under operation by
the tenderer in the division and confiscate the Security Deposit and License Fee of those
contracts.
17. Any conditional offer or qualification or any other stipulation contained in the bid shall render
the Bid liable for rejection as a non-responsive Bid.
18. Railway reserves the right not to proceed with the Bidding Process at any time without notice
or liability and to reject any or all Bid (s) without assigning any reasons.
19. All intending tenderer(s) should note that possessing prescribed credentials or offering highest
bid amount would not accrue any right to claim the license. Railway Administration reserves
the right to reject any or every tender without assigning reasons, and does not bind itself to
accept the highest or any tender.
20. Tenders by Firms shall be in the Firm’s name signed by the person authorised on their behalf.
In case of Partnership firm, the names of all the partners with their full postal address should be
furnished with the tender and if the firm is registered under the Indian Partnership Act of 1931,
the registration number of the firm should also be given.
21. The partner who is signing the tender form should hold power of attorney in his favour to act
for and on behalf of the partnership firm. In case of Joint Hindu Family (Hindu Undivided
Family), the tender must be signed by the “Karta” or authorized person.

22. PARTICIPATION OF GOVERNMENT EMPLOYEES IN BIDS:

Railway servant or any other member of his/her family (as defined in rule No.103, Para 17 of
the Indian Railway Establishment Code – Vol. I), either in their individual capacity or as a
partner/director/agent/franchisee of a firm/company, are not eligible to apply.

23. NUMBER OF BIDS:

In response to this Bid, each Bidder, can submit only one (1) bid under the status of an
individual or partnership or agency or company. If it is found that the bidder has submitted a
Bid under different legal status, all such Bids shall be disqualified and his/her/their Earnest
Money Deposit shall be forfeited. A Bidder, who has submitted a bid, should not have
controlling shareholding in another firm which also submitted another bid for the same unit. In
such situation, both the bids will be disqualified and Railway shall forfeit the Earnest Money
Deposit of both the bids.

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24. VALIDITY OF OFFER:
1) The Offer should be kept open till the acceptance/rejection thereof is communicated by the
Railway Administration or till 63 days from the date of Opening of tenders, whichever is
earlier.
2) The Bid shall remain valid for acceptance by Railway for a period of 63 days from the date of
opening of Tender of the bid notice. In case of any need, Railway may request the Bidders in
writing to extend the period of validity of their bids beyond 63 days also on the same terms and
conditions and in such cases the bidders may extend their validity beyond 63 days.
3) If the validity is not extended by some bidders beyond 63 days, the EMD of such bidders will
be refunded. However, Railway will send the communication for extension of validity well
before the expiry of the initial 63 days validity period.

25. AUTHORITIES FOR ACCEPTANCE:

1. The authority for the acceptance of the tender will rest with the competent authority of
Railways on behalf of President of India, who shall not be bound to accept the highest or
any tender or to assign any reason for non-acceptance or rejection of a tender.
2. Bids evaluation and acceptance shall be governed by the Recommendations of Tender
Committee and decision of Tender Accepting Authority.

26. AWARD OF BID:

In the event of same offers being received from more than one Tenderer, the tenderer/s shall
increase his/their quoted rates in case the Railway Administration asks for negotiations for
increase in rates. Such a negotiation shall not amount to cancellation or withdrawal of the
original offer and the rates originally quoted will be binding on the tenderer/s.

27. ISSUE OF LETTER OF AWARD (LoA):

1. Letter of Award (LoA) of tender will be issued to the successful bidder as approved by the
tender accepting authority.
2. The successful bidder can be called to the office of Sr. DCM and the Letter of Award(LoA)
can be handed over to him in person. The Bidder (or his authorised representative) has to
acknowledge the receipt of Letter of Award(LoA). The date on which the LoA is handed
over to the bidder and the date on which the bidder acknowledges the LoA will be the date
of acknowledgement of LoA. If the LoA is to be handed over to the authorised
representative, then a letter of authorisation from the bidder should be submitted to Senior
Divisional Commercial Manager of Secunderabad Division. Refusal to accept and
acknowledge the LoA will be treated as breach of contract with all attendant liabilities as laid
down in Para 27.5 below.
3. Alternatively, the LoA can be sent by Registered Post Acknowledgement Due (RPAD) to the
successful bidder. Within (7) seven days of receiving the RPAD, the bidder has to submit the
duplicate copy of the LoA to railways after acknowledging the same. The actual date of
submission of acknowledged copy of LoA in the office of Sr.DCM will be the date of
acknowledgement of LoA. However, this date of submission cannot be beyond Seven (7
days) from the date of receipt of RPAD. (Also the LoA will be communicated through other
means of Electronic Media like e-mail, whatsapp for immediate information to the
Successful Bidder).
ILLUSTRATION:-
a. Let us say the LoA is dated 01-10-2018. It has been despatched by RPAD on 02-10-
2018. It has reached the bidder on 05-10-2018. Then the bidder has time up to 12-10-
2018 for submitting the acknowledged copy of LoA in Sr.DCM Office.

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 b. Now let us say, the bidder has submitted the copy in Sr.DCM office on 10-10-2018.
Then the date of acknowledgement of LoA will be 10-10-2018.
4. In addition, the Successful Bidder may also be alerted through Mobile Phone,
Email/Fax/Whatsapp for his information.
5. If the bidder fails to submit the acknowledgement copy of LoA within the stipulated time
period, the LoA will be cancelled automatically and the contract will be deemed as
terminated. The Earnest Money Deposit amount will be forfeited and appropriated by
Railways. Further, the tenderer will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year. Senior
Divisional Commercial Manager can also take action, at his discretion to terminate other
contracts under operation by the tenderer in the division and confiscate the Security Deposit
and License Fee of those contracts.
6. If the successful bidder fails to pay the security deposit and first year six month license fee
within 45 days from the date of acknowledgment of LoA, the LoA will be treated as
cancelled and the contract will be terminated forthwith, without giving any notice of
termination duly forfeiting the Earnest Money Deposit. Further, the tenderer will be
disqualified from participating in any tenders for Publicity contract over Secunderabad
Division for a period of one (01) year. Senior Divisional Commercial Manager can also take
action, at his discretion to terminate other contracts under operation by the tenderer in the
division and confiscate the Security Deposit and License Fee of those contracts.

28. PAYMENT OF SECURITY DEPOSIT AND FIRST YEAR SIX MONTHS LICENSE FEE: :
The successful bidder has to pay the security deposit and First year Six months License Fee
within THIRTY (30) days from the date of acknowledgement of Letter of Award (LoA) by the
Licensee without penalty. However a penal interest of 15% Per Annum will be charged for the
delay beyond 30th day (i.e. from 31st day after the date of receipt of LoA) up-to 45th day from the date
of receipt of LoA. If the successful bidder fails to pay the security deposit and License Fee
within 45 days from the date of acknowledgement of LoA, the LoA will be treated as cancelled
and the contract will be terminated without giving any notice of termination. Further, Earnest
Money Deposit will be forfeited and the tenderer will be disqualified from participating in any
tenders for Publicity Contract over Secunderabad Division for a period of One (1) year. Sr.
Divisional Commercial Manager can also take action, at his discretion, to terminate other
contracts under operation by the tenderer in the Division and confiscate the Security Deposit
and license fee of those contracts.

29. NOMINATION OF SEPARATE COMMERCIAL INSPECTOR/SUPERVISOR FOR EACH

CONTRACT FOR CO-ORDINATION PURPOSE.
a. Immediately after issue of LOA (but not later than Two days from the date of LOA), Sr.DCM
will issue a letter nominating one Commercial Inspector/Supervisor for each contract for
acting as a single point contact for the licensee and carrying out co-ordination work with
other departments.
b. Since multiple departments/agencies are involved in operationalising the contract, the
nominated CCI/Supervisor will contact all concerned and sort out problems, if any.
Problems related to other departments like site clearance from engineering, power
supply/cabling, preparation of sketches etc., will be sorted out by the CCI.

30. FIXING THE DATE OF COMMENCEMENT:

1. The date of Commencement of Contract will be from 60 days after acknowledgement of the
LoA by the Bidder or the actual date of First Display of the Advertisement, whichever is
earlier.

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 2. If there is any problem from Railways side, then Sr.DCM will fix the date of commencement
duly deducting the days of delay from Railways side.

31. FRAUD AND CORRUPT PRACTICES:

1. The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process and subsequent to the issue of the
LoA and during the subsistence of the License Agreement. Notwithstanding anything to
the contrary contained herein, or in the LoA or the License Agreement, Railway may
reject a Bid without being liable in any manner whatsoever to the Bidder or the
Licensee if it determines that the Bidder or the Licensee, as the case may be, has, directly
or indirectly or through an agent, engaged in corrupt practice, fraudulent practice,
coercive practice, violence of any kind, undesirable practice or restrictive practice in the
Bidding Process.
2. In such an event, Railway shall:
a ) F orfeit and appropriate the EMD or Security Deposit or License Fee or all, as
determined by Railway, without prejudice to any other right or remedy that may be
available to Railway hereunder or otherwise.
b) The tenderer will be disqualified from participating in any tenders for Publicity contract
over Secunderabad Division for a period of one (01) year. Senior Divisional Commercial
Manager can also take action, at his discretion to terminate other contracts under
operation by the tenderer in the division and confiscate the Security Deposit and
License Fee of those contracts.
3 2. For the purposes of the Clause 31 of this Chapter, the following terms shall have the meaning
hereinafter respectively assigned to them:
1. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected with
the Bidding Process (for avoidance of doubt, offering of employment to, or
employing, or engaging in any manner whatsoever, directly or indirectly, any
official of Railway who is or has been associated in any manner, directly or indirectly,
with the Bidding Process or the LOA or has dealt with matters concerning the License
Agreement or arising thereof, before or after the execution thereof, at any time prior to
the expiry of one year from the date such official resigns or retires from or otherwise
ceases to be in the service of Railway, shall be deemed to constitute influencing
the actions of a person connected with the Bidding Process); or (ii) engaging in any
manner whatsoever, whether during the Bidding Process or after the issue of the LOA
or after the execution of the License Agreement, as the case may be, any person in
respect of any matter relating to the award of License or the LOA or the License
Agreement, who at any time has been or is a legal, financial or technical adviser of
Railway in relation to any matter concerning the award of License.
2. “Fraudulent practice” means a misrepresentation or omission of facts or suppression of
facts or disclosure of incomplete facts, submission of forged/fake documents.
3. “Coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s participation or
action in the Bidding Process;
4. “undesirable practice” means (i) establishing contact with any person connected with or
employed or engaged by Railway with the objective of canvassing, lobbying or in any
manner influencing or attempting to influence the Bidding Process; or (ii) having a
Conflict of Interest; and

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 5. “Restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Bidders with the objective of restricting or manipulating a full and
fair competition in the Bidding Process.
6. “Violence of any kind” Causing harm or injury to other bidders or their representatives
or Railway staff during the tendering process.
33. COMPENSATION/REFUND:
1) If for any reason the Administration is not able to honor the whole/part of contract and
considers it necessary to cancel the whole of the contract or reduce the scope of the
tender on Railway account, no compensation will be payable for such cancellation or
reduction, except refund of the proportionate amount of license fee due to the contract,
without any interest. No appeal against this decision will be entertained.
2) The Railway Administration shall not be responsible for any loss or damage caused to
the Licensee due to total or partial discontinuance of display of the advertisement under
the agreement for any reasons whatsoever.

34. EXIT CLAUSES OF CONTRACT:

Termination by railways on account of breach of contract
In case of breach of terms and conditions of agreement by the licensee, Railways will
terminate the contract by giving a 15 days notice of termination. In such case, the
Security Deposit and left over License Fee will be forfeited and appropriated by
Railways. The tenderer will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year. Senior
Divisional Commercial Manager can also take action, at his discretion to terminate
other contracts under operation by the tenderer in the division and confiscate the
Security Deposit and License Fee of those contracts. (Such notice of 15 days is not
required in case of non-payment of license fee for subsequent six months periods as
per para-7 of Chapter-II).
35. Termination by railways on account of operating exigencies:
At times it becomes necessary for Railways to terminate the contract due to various operating
exigencies like change in policies, handing over of station to Indian Railway Station
Development Corporation (IRSDC) etc. In such contingencies, Railway will give three (03)
months’ notice of termination and the contract will be terminated. In such cases, the security
deposit and left over license fee will be refunded to the Licensee after deducting the dues, if
any, to the Railways from the Licensee.
36. Exit by the Licensee:
The Licensee cannot terminate the contract in the First Two (02) years of the contract period.
He can give a termination notice only after completion of Two (02) years contract period. He
has to give termination notice of 4 months. This procedure is illustrated below:
 Let us say, date of commencement of contract is 01-10-2017.
 The licensee can issue the notice of termination only on or after 01-10-2019.
 Assuming that the notice of termination was given by Licensee on 01-10-2019, then the
contract will be terminated with effect from 01-02-2020.
37. If the Licensee rescinds the contract, runs away or abandons the contract in the mid way in the
first two years, then the security deposit and leftover License fee will be forfeited. Further, the
Licensee will be disqualified from participating in any tenders for Publicity contract over
Secunderabad Division for a period of one (01) year. Senior Divisional Commercial Manager
can also take action, at his discretion to terminate other contracts under operation by the
tenderer in the division and confiscate the Security Deposit and License Fee of those contracts.
38. INDEMNITY:
1) The Licensee shall keep the Railway Administration indemnified and completely absolved

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 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 Workmen's Compensation Act. The Railway Administration accepts no
responsibility for any loss damage of advertising materials belonging to the Licensee, no
matter how so ever caused.
2) The Licensee agrees 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 Workmen's Compensation Act made for the employee of the Railway
Administration or any Third party for death, disablement or injury to persons whatsoever,
arising out of or in any 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.
3) To indemnify Railway against contravention of laws by Licensee. The Licensee
undertakes to indemnify the Railway against fine, penalty, costs etc., imposed on the
Railway by any authority due to contravention of any law statute etc. of the State or Central
Government or local bodies by the Licensee in the course of the contract by exhibiting any
advertisements, which is contrary to such laws.
4) The Licensee shall comply with all relevant statute including Contract Labour (Abolition
and Regulation) Act and Rules of Payment of Minimum Wages Act and other Labour Laws
and keep the Railway Administration indemnified against any claims arising out of said
Acts and Rules.
5) No Railway facilities such as pass, concessional ticket consideration of employment in
Railways will be available to the employees of Licensee. The Licensee shall be fully
responsible for the welfare of his employees.

39. MISCELLANEOUS:
Railway in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;
1) Suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the
Bidding Process or modify the dates or other terms and conditions relating thereto;
2) Consult with any Bidder in order to receive clarification or further information;
3) Retain any information and/ or evidence submitted to Railway by, on behalf of, and/ or in
relation to any Bidder; and/ or
4) Independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.
40. LAWS GOVERNING THE TENDER:
1) The Laws of India shall govern this contract for the time being in force including labour
laws.
2) This contract shall be deemed to have made at the place from which the acceptance of
license has been issued.
3) That the Licensee shall not employ any person below the age of 18 years and
without verification of the antecedents by the local police in respect of each person
employed by him /them.
4) The Licensee shall pay not less than Minimum wage to his employees and the
licensee shall be responsible to comply with the provisions enumerated in the various
laws of land for the time being in force including the following laws:
a) Minimum Wages Act 1948
b) Payment of wages Act 1936
c) Contract Labour (Regulation and Abolition) Act1970
d) Workmens Compensation act 1923

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 5) It shall be deemed that by submitting the Bid, the Bidder agrees and releases
Railway, its employees, agents and advisers, irrevocably, unconditionally, fully and
finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder and the Bidding Documents, pursuant
hereto, and/ or in connection with the Bidding Process, to the fullest extent
permitted by applicable law, and waives any and all rights and/ or claims it may
have in this respect, whether actual or contingent, whether present or in future.
6) The Licensee shall comply with provisions in relation to various labour laws
viz.. Child Labour (prohibition and regulation) Act, Payment of Wages Act and
Minimum Wages Act, etc.
41. The Disclaimer as set forth at the beginning of this document and the License Agreement as
stated in this Document shall be deemed to be the part of this Document.
42. The Selected Bidder shall have to execute the License Agreement in the manner and format as
indicated by Railway in this Document and no material changes shall be permitted by the
Selected Bidder.
43. COPY RIGHT ACT,1957:
The Licensee shall ensure all permissions necessary under provisions of Copy Right Act,
1957 regarding the content have been obtained. The Licensee shall also indemnify the
Railway Administration against any damages levied for any copy right infringement.
44. ERRORS, OMISSIONS & DISCREPANCIES:
The bidders shall not take any advantage of any misinterpretation of the conditions due to
typing or any other error and If In doubt shall bring it to the notice of the administration,
without delay. No claim for the misinterpretation shall be entertained.
45. SIGNING OF AGREEMENT:

1) An agreement may be signed between Railways and Licensee within 10 days after the date of
commencement of the contract by the licensee. Failure to sign the agreement within this
stipulated period by the Licensee will be treated as breach of contract with all attendant
liabilities.
2) All the terms and conditions of this tender document will form the TERMS AND
CONDITIONS OF THE AGREEMENT:
3) The terms and conditions of the Agreement can be modified only on mutual consent by both
the parties to the agreement.

**** END OF CHAPTER – III ****

Page 23 of 38
 Chapter – IV
SPECIAL CONDITIONS OF THE CONTRACT

1. Various media through which advertisements can be done under this package/contract are
enumerated in Para 1.1 of Chapter-I of this document. Maximum area available, for each of the
station(s) has been detailed in the tender document. Location of the space, Media type etc. are
to be gotten approved by the tenderer before placing the same in a manner described herein.
However, the Railway Administration shall not be held responsible for any under utilization of
the areas and the contractor shall not be liable for any compensation for any such under
utilization of the advertisement areas at the station(s) in this package.
2. The Bidder, before participating in the tender, should physically visit the station/s and should
satisfy themselves that they can display the advertisements at the particular site/location, as
per Law of the Land, by obtaining necessary permission from appropriate authority, within the
stipulated time period. They should also estimate probable earning potential of each package.
They should also engage the experts to guide them during this survey. Thereafter, they should
quote workable license fee.
3. The Railway Administration will not provide any advertisement display material like
structures for display of Glow sign, Boards, Flexis etc. The Licensee will have to erect/Install
display media at their own risk and cost.
4. All advertisement activities like pasting or removing of flexi, mounting/dismounting of
boards/hoardings etc. are sole responsibility of the licensee. In case of repairs to displayed
advertisements and replacement due to wear and tear, the Licensee should take up the work at
their own cost.
5. Licensee shall not interfere with the Railway infrastructural facilities/passenger amenities
provided or any other installations of the Railways without prior written permission of the
Senior Divisional Commercial Manager.
6. CONDITIONS FOR DISPLAY OF ADVERTISEMENTS
STATIC DISPLAY
a. Hoardings & Boards
i) Hoardings/Boards should be erected as per approved sketches only.
ii) Hoardings should be erected to the boundary of the Station premises inside
the Railway Land only. However, small sized hoardings can be permitted in
concourse, General Waiting Halls.
iii) Hoardings/Boards should not hinder the passenger movement inside the
Station Building.
iv) Hoardings/Boards are to be cleaned and attend necessary repairs at regular
intervals.
v) Boards fixed to the pillars of Cover Over Platform must be of uniform size.
vi) Boards mounted on to the angular of Cover Over Platform should be sturdy
and corrosion resistant.
vii) Hoardings/Boards should not cover the Railway signages, Railway
information boards, coach indication boards, passenger information boards,
etc.
viii) Licensee should not obliterate railway information meant for passengers and
for purpose of Railway while fixing Hoardings/Boards.

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 b. Glow Signs.
i. Glow sign Boards should be erected as per approved sketches only.
ii. The glow sign boards should be sturdy, corrosion resistant and uniform in size
& display. The material for fabrication of the boxes should be preferably
powder coated aluminum sheet or fiber glass.
iii. The glow sign boards meant to be installed without any shelter or roof above
should be so designed as to prevent entry of water inside, even under heavy
rains. Weather proof polymer linings should be used.
iv. The glow sign boards should have LED lights of standard make with ISI mark
or of reputed brands and complete with all fittings including wiring etc..,
Adequate lights should be used for the glow sign boards to have uniform and
effective illumination inside the station building.
v. Electrical wires should be properly secured and concealed in order to avoid its
loose dropping. Electrical insulations and safety aspects should be ensured by
the Licensee.
7. Physical security of all the display materials/media installed at the station are at the risk of
Licensee and Railways will not provide any security for them.
8. There may be separate contracts for Static and Digital Media at the station. In case of any
disputes regarding the display on hoardings/glow sign boards or positioning of hoardings
with respect to digital screens / LED boards/ Video Walls put up by the Licensee of the
Digital Media in the station premises (or) any disputes or differences with Railway
Information Boards, the decision of Senior Divisional Commercial Manager, Secunderabad
Division will be final and binding on all the parties.
9. Certain stations have been identified under station redevelopment programme by Railways.
The licensee shall not have any objection in relocating the display material/screens as and
when the repairs works are undertaken under Station Redevelopment Programme. Further,
during execution of certain developmental works by Railways like Foot Over Bridges, Lifts,
Escalators, Cover Over Platform, extension of Station Building, Platform extension, etc., some
advertising material may have to be removed or relocated for the duration of the work going
on. There will be no compensation from Railways for such relocation/removal. There will be
no reduction in license fee as well. Once works are completed, such advertisements will be
permitted to display again.
10. The Licensee shall be responsible for all the consequences arising on account of rules / laws in
connection with screening of audio visual films on display material at the Station premises.

11. DISPLAY AUTHORITY:

Display Authority for display of advertisements under this package will be issued only on
receipt of Security Deposit and First Six months License Fee. The Display Authority will be
issued by the office of Senior Divisional Commercial Manager, Secunderabad division,
South Central Railway after receipt of Security Deposit and First six months License Fee.

12. DISPLAY PLAN AND PROCEDURE FOR DISPLAY OF ADVERTISEMENTS:

a) The licensee should come up with the details of display, media of display for the area
mentioned in this tender and submit the same to office of Sr. DCM/Secunderabad. The
Office of the Senior Divisional Commercial Manager will be the single point contact for
the Licensee. Senior Divisional Commercial Manager (Sr. DCM) should carry out the
necessary correspondence with Senior Divisional Engineer (Sr. DEN), Senior Divisional
Electrical Engineer (Sr. DEE) and other branches for obtaining necessary approvals for
early commencement of the Contract.

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 b) At these sites/locations, if there are existing advertisement displays at some locations,
then the licensee can go ahead with displaying advertisements at such locations after
date of commencement of contract. There is no need for a separate display permission
from Sr. DCM’s Office for such sites.
c) However, where new sites have been identified and where there are no existing
structures, then the licensee has to submit a proper display plan to the Sr.DCM. In such
cases, the display of advertisements can commence only after receiving permission from
the Office of Sr.DCM.

d) Display plan should consist of location plan, media display plan, structural designs,
electrical points, approx. unit charge, details of lights proposed to be kept and their
wattage, structural cabling sketch etc., for approval of Railways. If there are any
changes/modifications, Sr. DCM/Office will communicate to the Licensee within
Fifteen (15) days from the date of receipt of the Display Plan.

e) Wherever electrical connections are required for the advertisements (existing sites and
new sites), the Licensee will submit the application to Sr. DCM. The Commercial
Inspector/Supervisor nominated for co-ordination with the Licensee will forward the
application to Sr. DEE’s office. The Commercial Inspector will pursue the matter with
the electrical department. There is no need for the licensee to directly deal with Sr. DEE’s
office. Once permission comes from electrical department, the same will be
communicated to the licensee. The Licensee has to bear the cost of electrical cables from
the nearest Railway source.

13. PERMISSIONS FROM OUTSIDE AGENCIES FOR DISPLAY ADVERTISEMENTS:

It is personal responsibility of the Licensee to take all kinds of permissions/No
objection certificates (NOCs) from outside agencies like Municipal Authorities,
National Highway Authority and other statutory bodies as required under law in
force from time to time to enable him to display their material. Licensee has to pay
the fee or any other charges directly to concerned authority at his own.
14. PENALTY FOR EXCESS UTILISATION OF ADVERTISEMENT AREA:
1. The Licensee shall display the advertisements only in the area allotted and as
specified in this tender or as approved in the advertising plan. There shall be no
compensation from the Railway side for less utilization of space.
2. If it is found by Railways that the Licensee is utilizing excess display area without
prior approval of Railways, then a penalty twice of that of the proportionate
existing license fee for the extra area utilized from the date of commencement till
the date of detection may be charged. Thereafter, proportionate enhanced license
fee may be collected from the contractor for the remaining period of contract, if
agreed to by Railways.
3. However, the licensee can always apply in advance for increasing the area of
displaying of a particular location. Subject to approval from other departments in
Railways, the additional area will be permitted on payment of proportionate
license fee from the date of permission.
15. IDENTIFICATION OF NEW SITES/ADDITIONAL AREA:
1. BY RAILWAYS:-
Additional Area can be offered during the course of contract:

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 a) In order to take advantage of the professional expertise of the licensee, the
licensee can be given option to take up the additional display area
identified by the Railways.
b) The licensee can choose to take up the area for advertising. And if opted to
take up the area, for these additional areas, proportionate license fee will
have to be payable by the Licensee. The licensee will be levied as per the
rate quoted and escalation in 4th and 5th year. The license fee will be
collected from the date of issue of permission letter. For these additional
areas the contract period falling under license fee escalation years, the
escalated license fee will be charged irrespective when the permission was
given for the additional area.
To illustrate, let us say, the Fourth (04) year contract period is starting from
01-01-2019. Permission has been given for an additional site on 01-12-2018.
In this case, licensee cannot say that from 01-12-2018 to 30-11-2019, i.e. for
one year, he will pay license fee at the rate of first year license. He will
have to pay the proportionately enhanced license fee per the existing
contract period i.e. from 01-12-2018 to 31-12-2018 and then Fourth (04) year
rate from 01-01-2019 to 31-12-2019 and Fifth Year rate from 01-01-2020 to
31-12-2020.
2. BY LICENSEE:
a) The Licensee can also ask for additional area in station premises for display
of advertisements. In such cases, the Licensee shall submit the proposal for
the same to Senior Divisional Commercial Manager of Secunderabad
division, South Central Railway.
b) Senior Divisional Commercial Manager will approve the proposalsubject
to feasibility.
c) The License fee will be levied as per the rate quoted and escalation, if any.
The License Fee will be collected from the date of issue of permission letter.
d) For these additional areas, the contract period falling under License Fee
escalation years, the escalated license fee will be charged irrespective when
the permission was given for the additional area.
16. MAINTENANCE OF DISPLAY BOARDS:
1) Day-to-Day upkeep of the advertisements including installation / fabrications /
painting / wrapping / mounting / dismounting / removal or repairs during the
period of contract shall be the responsibility of Licensee completely at their own
risk and cost. The work should be executed under the supervision of a qualified
supervisor of the Licensee.
2) The Licensee should regularly maintain, replace the torn, damaged displays
immediately and also carry out maintenance and strengthening of fixtures,
fittings, installation for safety reasons at Licensees’ own cost, under supervision of
commercial & engineering staff.
3) The structure should be painted from time to time to avoid them from getting
rusted.

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17. THE ADVERTISEMENT RIGHTS :
The advertising rights under the License Agreement will vest with the Successful
Bidder. All advertisers/recognized agents or other persons wishing to advertise will
have to deal directly with the Licensee and they will have no dealing with the Railway
or make any claim on the Railway for any commission, etc.
18. ENGAGEMENT OF AGENCIES BY LICENSEE:
The Railway Administration has no objection, if the Licensee engages other
companies, concerns/Agencies for the purpose of execution of fabrications, painting
and selling advertisement space directly to users. The engaging of such companies /
concerned agencies, etc., for the purpose of execution of fabrication, installation,
painting, selling of space, etc. will be entirely at the Licensee’s own risk and cost.
19. SUB-LETTING OF LICENSE:
The Licensee shall not assign, transfer, sublet or sell the contract right granted to
his/her by way of license to any person and such action shall result in the license
automatically getting cancelled resulting in forfeiture of the license fee and security
deposit. Further, the Licensee will be disqualified from participating in any tenders for
Publicity contract over Secunderabad Division for a period of one (01) year.
20. THE RAILWAY RIGHTS:
1) Railway reserves the right to declare or notify any area to be exempted from the
scope of the tender at any time during the currency of the contract for the purpose
of Railway usage and functioning of Railway system. This exemption will become
neither a cause for the breach of contract, nor the Railway Administration is liable
to pay any type of compensation or damages to the Licensee. However
proportionate reduction in license fee will be given if display boards or other
structures are removed as per direction of railways and if other suitable location is
not available to relocate the same in allotted package. The Licensee has the right to
refuse the alternative location or Railway and licensee can negotiate a lower rate
prevailing in the alternative location.
2) The Railway Administration reserves the right to display by any media the Railway
advertisements/ information/slogans/posters/ passenger amenities / safety /
convenience / social message etc. on places other than allotted to the Licensee on
Railway account for Railway related purposes, for which the licensee should not
have any type of objection. Railway Administration also reserves the right to grant
permission to outside agencies to advertise such display as considered to be in the
interest of Rail Users.
3) In the event of any site(s) occupied by advertising matter under this contract being
required by the Railway Administration any time for the purpose or use of the
Railway or for any purpose deemed fit by the Railway Administration, the
Railway Administration shall be entitled without notice to take down and remove
the advertising matter occupying such site or sites and to use the site or sites for
the purpose or use of the Railway or as deemed fit and in such an event, the
Licensee shall not be entitled to any compensation, except for reduction in
proportionate license fee.

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 4) The Railway Administration reserves the right to shift or relocate an advertisement
media for administrative or any other unforeseen reasons. In such case, the same
shall be carried out the by the Licensee as advised by Railway administration. No
compensation in this regard shall be admissible except reduction in proportionate
license fee.

21. ELECTRICAL CONNECTIONS:

1. The licensee has to pay the required electricity charges to the Railways for
illumination of the displays as necessary. The Railway shall supply such electricity
through a pre-paid Meter.
2. Licensee will bear the cost of electrical estimate, meter charges, electrification
charges and electrical consumption charges apart from License Fee of the contract.
22. DISPLAY OF DETAILS OF LICENSEE ON ADVERTISEMENTS:
The Advertisement agency should display the size of advertisement, contact number,
period of contract and name of agency in every advertisement displayed by him in the
nominated area, failing which, penalty will be imposed by railways.
23. 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.
24. The Railway Administration will not lay down any tariff for publicity for individual sites. The
Licensee is free to decide the tariff to be charged from its clients. Changes in the tariff structure
may be carried out by the Licensee as and when he desires.
25. Display should not hamper the mandatory boards displayed on the railway area such as
Railway station name, important public and railway information etc.., and other such legends.
Markings for identification and public utility should not be altered.
26. Display of Advertisements shall conform to the following:
a. Advertisement Displayed should not offend public taste.
b. Advertisement Displayed should not propagate any religion or religious belief.
c. Advertisement Displayed should not have any communal and regional bias
d. Advertisement Displayed should not use the name and pictorial representation
of National Leaders, martyrs for trade and business purpose
e. Advertisement Displayed should not have a picture of a particular leader of a
particular section or region.
27. ADVERTISEMENTS NOT PERMITTED FOR DISPLAY:
The Licensee is required to follow Central/State Laws for display of
advertisements. Advertisements that are objectionable in the eyes of law or
otherwise prohibited for display.
a. The following advertisements are not permitted for display:
b. Advertisements of alcoholic drinks.
c. Advertisements against background scenes which are erotic in character.
d. Competitive advertisements from Road Transport/Air lines companies
e. Advertisement from Private Insurance companies offering policies against
Railway Accidents.
f. Advertisements of Cigarettes, Bidis and other Tobacco products.

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28. REMOVAL OF ADVERTISEMENTS IN THE EVENT OF TERMINATION OF THE
CONTRACT:
1. The licensee shall remove the advertisement material like Hoarding, Structures,
Uni-Poles/Uni-Structures, Digital Display Equipments etc.., from the Railway
premises within 7 days at his own cost from the date of receipt of intimation of
termination letter.
2. If the licensee fails to remove it within the period specified above, the Railway
Administration shall be at liberty to remove and dispose off the said material in
any manner as deemed fit. The cost of such removal and disposal will be deducted
from the Security Deposit of the licensee.

29. ADVERTISEMENT STRUCTURES LEADING TO RAILWAY ACCIDENTS:

1) Due to various reasons such as:
a. Faulty design of the hoarding.
b. Inferior materials used in the Hoarding Structure.
c. Heavy winds, etc..,

2) The hoardings and other structures can fall on the rail track or on trains or on the
other Railway Installations. In all such cases, the liability for the consequent
damage, loss, injury, etc.., arising out of such accidents will be entirely on the
licensee, irrespective of the cause which caused the fall/collapse of the advertising
structure/materials.
3) In addition to recovering the entire cost of damages/loss/injury, the licensee will
be penalised with amount equivalent to First year’s License Fee. The contract will
be terminated forthwith and the Security Deposit & License Fee will be forfeited
and confiscated by Railways.
4) The Licensee will be disqualified from participating in any tenders for Publicity
contract over Secunderabad Division for a period of one (01) year. Sr.DCM, at his
discretion can also terminate other contracts of the Licensee after giving due notice
and forfeit/confiscate the Security Deposit and License fee of those contracts as
well.
5) Therefore, the Licensee has to do a thorough professional job while erecting his
structures and inspect those structures at required intervals. He should also be
alert to weather forecasting and in the event of adverse weather forecast he should
take all precautions (like lowering the Hoarding) so that the structure/material
does not cause any accidents/damage to railways, its employees, passengers and
assets.
30. REMOVAL OF ADVERTISEMENTS AT THE END OF THE CONTRACT:
The licensee shall remove the advertisement material like Hoarding, Structures, Uni-
Poles/Uni-Structures, Digital Display Equipments etc.., from the Railway
premiseswithin Seven (07) days at his own cost, failing which Railways will do the job
and deduct the money from security deposit.
31. SITES/LOCATIONS EXEMPTED FOR DISPLAY OF ADVERTISEMENTS IN THE STATION
BUILDING: All the stalls viz., Catering stalls, Bookstalls, etc., and Pay & Use Toilets, ATMs,
Weighing Machines, ATVMs, CoTVMs, Dual Display Information System etc.

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32. SPECIAL CONDITIONS OF CONTRACT FOR MANDATORY UPDATION OF LABOUR
DATA ON RAILWAYS SHRAMIKKALYAN PORTAL BY LICENSEE:
1. The Licensee shall abide by the provisions of Payment of Wages Act and Minimum
Wages Act in terms of clause 54 and 55 of Indian Railways General Condition of
Contract. In order to ensure the same, an application has been developed and
hosted on website ‘www.shramikkalyan.indianrailways.gov.in’.
2. The Licensee shall register his firm/company etc. and upload requisite details of
labour and their payment in the above portal. These details shall be available in
public domain. The Registration/updation of Portal shall be done as under:
a) Licensee shall apply for onetime registration of his company/firm etc. in the
Shramikkalyan portal with requisite details subsequent to issue of Letter of
Awarding.
b) Senior Divisional Commercial Manager(Sr.DCM) of the division shall approve
the Licensee’s registration on the portal within 7 days of receipt of such request.
c) Licensee once approved by Senior Divisional Commercial Manager of the
division, can create password with login ID (PAN No.) for subsequent use of
portal for all LoAs issued in his favour.
d) The Licensee once registered on the portal, shall provide details of his Letter of
Awarding (LoA)/License Agreements on Shramikkalyan portal within 15 days
of issue of any LoA for approval of concerned . Sr.DCM of the division shall
update (if required) and approve the details of LoA filled by Licensee within 7
days of receipt of such request.
e) After approval of LoA by Sr.DCM, Licensee shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage
payment to them on shramikkalyan portal on monthly basis.
f) It shall be mandatory upon the Licensee to ensure correct and prompt
uploading of all salient details of engaged contractual labour and payments
made thereof after each wage period.
g) Licensee shall submit a certificate to the Sr.DCM that “I have uploaded the
correct details of contract labours engaged in connection with this contract and
payments made to them during the wage period in Railway’s Shramikkalyan
portal at ‘www.shramikkalyan.indianrailways.gov.in’.
33. ARBITRATION CLAUSE:
1. If any dispute in regard to implementation of the agreement with the Railway,
difference or claim arising out of this agreement, shall be referred to a sole
arbitrator who shall be appointed by the General Manager, South Central
Railway. The venue of such arbitration will be at Hyderabad. The provisions of
Arbitration and Conciliation Act, 1996 (with amendments) will be applicable in
arbitration proceedings.
2. All disputes are subject to the jurisdiction of Hyderabad/Secunderabad courts
only.

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34. EXTENSION OF THE CONTRACT:
a. In case there are some exigencies, with the consent of the contractor, the contract can be
extended for a maximum period of one year in two spells of 6 months each. However,
during this extended period of one year the license fee payable by the contractor shall be
of 10% over the 5th year licnese fee.

35. Any changes in the terms and conditions of agreement will be done through mutual consent
by both the parties.

36. PERIOD OF BAN IMPOSED BY STATE GOVERNMENT / GOVERNMENT BODIES:

In case, State Government / GHMC /Local Authorities impose ban on display of hoardings
during any specific period, the same may be treated as dies non for collection of license fee on
compliance of following conditions:
a. The licensee have to submit a written request for treating the period of NON-DISPLAY as
DIES NON along with copy of the order issued by the State Government / Government
Body.
b. Certification by the Section Commercial Inspector that no display of hoarding during the
period of Ban.
c. Payment of the advance license fee should be as per the schedule mentioned in the
document. The license fee for the period which has been approved by Railway
Administration as DIES-NON will not be collected or if already collected, will be adjusted
with the next payment of license fee or refunded to the licensee when approved by the
competent authority after due process.
d. There will be no change to the tenure of the contract in this regard.

** End of Chapter – IV **

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 CHAPTER – V
Annexures
Annexure - 1

Power of Attorney for signing of Bid / Agreement

(Para 4.7 of Chapter-I)
Know all men by these presents, we……………………… (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr/Ms
(name), ……………………. son/daughter/wife of…………….……………….and presently residing
at………………………….., who is presently employed with us as our true and lawful attorney
(hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of our bid
for the award of the license for “_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _”as per the
Tender Notice No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of Secunderabad Division, South
Central Railway, for which proposals are invited by Railway including but not limited to signing
and submission of all Bids, bids and other documents and writings, participate in bidders and
other conferences and providing information/ responses to Railway, representing us in all matters
before Railway, signing and execution of all contracts including the License Agreement and
undertakings consequent to acceptance of our Bid, and generally dealing with Railway in all
matters in connection with or relating to or arising out of our Bid for the award of License to us
and/or till the entering into of the License Agreement with Railway.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney
in exercise of the powers hereby conferred shall and shall always be deemed to have been done by
us.
IN WITNESS WHEREOF WE, ………………, THE ABOVE NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 20…..
For………………………….. (Signature, name, designation and address)
Witnesses:1.
(Notarized)
2.
Accepted

………………………… (Signature)

(Name, Title and Address of the Attorney)

N.B. – This document is not required if the bidder is an individual or a proprietary firm.
Notes:
o The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executants (s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure.
o Wherever required, the Bidder should submit for verification the extract of the charter documents and
documents such as a board or shareholders’ resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

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 Annexure-II
FORMAT FOR AFFIDAVIT TO BE SUBMITTED BY TENDERER ON NON-JUDICIAL
STAMP PAPER FOR THE VERACITY OF DOCUMENTS
(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 tenderer)

1. I _________________ (Name and Designation) appointed as the attorney/authorized signatory of the

tenderer ( including its constituents),
2. M/s ________________ (hereinafter called the tenderer) for the purpose of the Tender Document for
Tenders for “Display of Advertisements in Station premises of ____________ station/s through Static
Media viz. Hoardings with Flexi Boards/Glow Sign Boards/ /Tri-Vision Boards, Uni-Pole/Uni-
Structures”as per the Tender Notice No. ______________________________________________ dated
_______________ of Secunderabad Division South Central Railway, do hereby solemnly affirm and state
on the behalf of the tenderer including its constituents as under:
3. I/We the Tenderer(s), am/are signing this document after carefully reading the contents.
4. I/We the Tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
5. I/We hereby declare that I/We have obtained Tender Document from www.scr.indianrailways.gov.in
website / Senior Divisional Commercial Manager Office, Secunderabad Division, South Central
Railway.
6. I/We have verified the content of the Document and there is no addition, no deletion or no alteration to
the content of the Tender Document.
7. 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 eligibility criteria.
8. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
9. I/We declare that the information and documents submitted along 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.
10. I/We, the undersigned state that if the certificates regarding eligibility criteria submitted by us are
found to be forged/false or incorrect at any time during the process for evaluation of tenders, it shall
lead to forfeiture of the tender, Earnest Money Deposit besides banning from participating in future
tenders for commercial publicity over Secunderabad Division for a period of one year. Further, I/We
(insert the name of the tenderer) __________________ and all my/our constituents understand that
my/our offer shall be summarily rejected.
11. I/We also understand that if the certificates/documents submitted by me/us are found to false/forged
or incorrect at any time after the award of the contract, it will lead to termination of the contract, along
with forfeiture of Earnest Money Deposit and Security Deposit besides any other action provided in the
contract including banning from participating in future tenders over South Central Railway for a period
of Three (03) Years.

DEPONENT
SEAL AND SIGNATURE OF THE TENDERER
VERIFICATION
I/We above named Tenderer 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 TENDERER
Place:
Dated:
Attestation before Magistrate/Notary Public.

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 Annexure - III
PRICE BID
To, Date:
The President of India.
Acting through Senior Divisional Commercial Manager
Secunderabad Division, South Central Railway,
Sub: “Advertising Rights for display of Advertisements in Station premises through Static Media.”

Ref: Tender Notice No.______________________________________________________ dated __________

Dear Sir,

1) I/We accept the terms and conditions mentioned in the Bid Document, which have been clearly
understood by us.
2) I/We have duly signed on each page of the Bid Document.
3) I/We abide by all the terms and conditions of Bid document include Master License Agreement.
4) I/We further certify that we are ready to display of advertisements at _________ station/s through static
Media within the time frame given by the Railway and as per the terms and conditions of the Bid
Document and in the master license agreement to be executed between the parties.
5) I/We understand that Railway reserves the right to reject, accept or consider any offer without assigning
any reason whatsoever.
6) The Licensee fee offered for the first year of contract, is in the table below:

Name of the Station Licensee fee for the first year to be quoted by the Bidder
/ Cluster (in Rs.)
In Figures (Rs.) In words

7) The above Licensee fee quoted is exclusive of GST and other taxes.
8) Our Price Bid shall be binding upon us subject to the modifications resulting from negotiations, up to
expiry of the validity period of the Bid Document or extended period of validity, if extended.

Yours sincerely,

Signature of Authorized Signatory

Name and Title of Signatory:

Name of Firm:

Address:

Note: 1. The bidder may please note that the rate to be quoted in the Price Bid should be written in both figures and in
words. In case of difference is noticed in the figures and words quoted by the Bidder in the offer, the amount
quoted in words will be taken into account.
2. Bidder should not use red and/or green ink in the tender form. Offers using red and/or green ink will be
summarily rejected. Each page of tender document should be signed in full by the bidder.
3. The tender will be awarded to the eligible bidder offering the Highest License fee.

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 ANNEXURE -IV
FORM OF SECURITY DEPOSIT (BANK GUARANTEE)
To
Senior Divisional Finance Manager,
Secunderabad Division,
South Central Railway

1. In consideration of the through Sr. Divisional Finance Manager, SC Division, Secunderabad

(hereinafter called “The Railway”) having agreed to accept from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ (hereinafter called “The Licensee/s”), under the terms and conditions of an
Agreement/Acceptance letter made between “Sr. Divisional Commercial Manager” and “The
Licensee” (hereinafter called “ the said License Agreement”) the Performance Guarantee for the
due fulfillment by the Licensee/s of the terms and conditions in the said Agreement on production
of Bank Guarantee for Rs. _ _ _ _ _ _ _ _ _ _ _ (Rs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ only) we,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (indicate the name of the Bank hereinafter referred to as “the Bank”) at
the request of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Licensee/s do hereby undertake to pay the Railway an
amount not exceeding Rs. _ _ _ _ _ _ _ _ _ against any loss or damage caused to or suffered by or
would be caused to or suffered by the Railway by reason of any breach by the said Licensee (s) of
any of the terms or conditions contained in the said Agreement.
2. We _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (indicate the name of the Bank) do hereby
undertake to pay the amounts due and payable under this guarantee without any demur, merely
on demand from ”The Railway” stating that the amount claimed is by way of loss or damage
caused to or suffered by the Railway by reason of breach by the said Licensee/s of any of the terms
or conditions contained in the said agreement or any other agreement or by reason of the
Licensee/s failure to perform this Agreement or any other Agreement with Railway, any such
demand made on the bank shall be conclusive as regards the amount due and payable by the Bank
under this guarantee. However, our liability under this guarantee shall be restricted to an amount
not exceeding Rs. _________________.

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

4. We, ________________________________ (indicate the name of the bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that would be
taken for the performance of the said Agreement, including Maintenance/Warrantee Period, and
that it shall continue to be enforceable till the dues of the Railway under or by virtue of the said
agreement have been fully paid and its claims satisfied or discharged or till “The Railway” certifies
that the terms and conditions of the Agreement have been fully and properly carried out by the
said Licensee (s) and accordingly discharged this guarantee, unless a demand or claim under this
guarantee is made on us in writing on or before the ________________________________________
(date of completion + 6 months) we shall be discharged from all liability under this guarantee
thereafter.

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 :: 2 ::

5. We, ________________________________ (indicate the name of the Bank) further agree with the
Railway that the Railway shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend time of performance by the said Licensee (s) from time to time or to
postpone from any time or from time to time any of the powers exercisable by the Railway against
the said contract and to forebear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the Licensee/s or for any forbearance act or omission on the part of the
Railway or indulgence by the Railway to the said Licensee(s) or such any matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so
relieving us.

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

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

Date this ________________ day of __________ 2018.

For ______________________
(indicate the name of Bank)
Witnesses (With Signature, name & Address)
1.
2.

Seal of the Bank

Witness 1.:

Signature………………………………
Name:
Age:
Address:

Witness 2.:

Signature………………………………
Name:
Age:
Address:

Notes:
1. The stamp papers of appropriate value (3% of contract value or `.500 whichever is less / as amended from time to time) shall be purchased in the
name of the Bank, who issues the ‘Bank Guarantee’.
2. The ‘Bank Guarantee’ shall be from the Scheduled Commercial Bank based in India, acceptable to Railway.

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 Annexure – V
National Electronic Fund Transfer/Electronic Clearing Service (Credit Clearing) Mandate Form
(Para 4.13 of Chapter-I)
Sl. Description Details
No.
1 Investor/Customer’s (Bidder’s) Name and Address

2 Particulars of Bank Account

(a) Name of Bank

(b) Name of branch

Address

Telephone No. of Bank

(c) 9 Digit Code number of the Bank and branch

appearing on the MICR Cheque issued by the bank
(d) IFSC code of the branch

(e) Type of Account (Current/Savings/Cash credit

with code 10/11/13)
(f) Ledger and ledger folio number

(g) Account number (appearing on Cheque book)

(In lieu of the bank certificate to be obtained as under, please attach a blank cancelled Cheque or photocopy
of a Cheque or front page of your savings pass book issued by your Bank for verification of the above
particulars).
Date of effect:
I hereby declare that the particulars given above are correct and complete. If transaction is
delayed or not effected at all for reasons of incomplete or incorrect information, I would not
hold the user institution responsible. I have read the option invitation letter and agree to
discharge the responsibility expected of me as a participant under the scheme.

Date:

Signature of the Investor/Customer

……………………………………………………………………………………………………
Certified that the particulars furnished above are correct as per our records.
Bank’s stamp
Signature of the Authorized Official of the bank

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