AGREEMENT (ON COST SHARING)

The Agreement regarding the construc on and maintenance of Road Under Bridge at
kms. 830/10-12, between Ajni-Khapri sta ons on Nagpur-Wardha sec on in lieu of the
exis ng level crossing originally provided at Railway Administra on cost at Kms. 830/10-
12, between AjniKhapri sta ons on Nagpur-Wardha.
Memorandum of Agreement made this Day of ---------Two Thousand and-
---- (to take effect from----------) between the president of India ac ng through the
Divisional Railway Manager (Works), Central Railway, Nagpur hereina er called the
"Railway Administra on" which expression shall, unless the context does not so admit,
include his successors and assigns, of the one part, and the Governor of Maharashtra
through the Chief Engineer, Public Works Department, Region Nagpur herewith referred
to as "Licensee” which expression shall, Where the context admits include the / his
successors on the other part, whereby it is agreed as follows:
1. The licensee and the railway administra on have agreed to design and construct
Road Under bridge through Maharashtra Metro Rail Corp. Ltd. (Maha-Metro) as
execu ng agency for the construc on work, on deposit work basis, as per details shown
in plans No. GAD No. G.M.(W)BB/P-13474-RUB at Kms. 830/10-12 between Ajni-Khapri
sta ons on Nagpur-Wardha sec on in lieu of the exis ng level crossing No. 120 originally
provided at Railway Administra on's cost. The licensee has agreed that a er the
comple on of the Road Under bridge the aforesaid level crossings shall be permanently
closed from the date of opening of the Road over bridge to the road traffic.

2. It is agreed that the cost of the construc on will be borne by the respec ve par es
as under:
a) The appor onment of the ini al cost shall be as under:
l) For a width of 7.0 mtr. (23 ) of Carriage-way and One footpaths of 1.00 m (3.28 )
width, the railway administra on and the licensee shall each bear 50% of the cost of the
Under bridge including that for approaches required for the above widths. The cost
referred to above shall include the cost of the diversion of road, sewers, cables, gas and
water main etc. but shall exclude the cost of acquisi on of any land and structures
thereon required for approaches or diversions.
Il) The licensee shall bear the total cost of acquisi on of any land required for approaches
and diversions and the cost of structures thereon.
Ill) If provision is made in the bridge structure for crossing addi onal railway track
required in future, the cost of such extra length of bridge structure shall be borne by
Railway Administra on in addi on to its share of the cost for the rest of the bridge and
its approaches as the s pulated in clause (a) (l) above.
IV) For the width in addi on to that indicated in a (l) above which has been provided at
the instance of the licensee, the cost of this addi onal width of the Under bridge and
the approaches therefore shall be borne /shared as under:
a) Fully borne by Licensee for the length of the bridge required to span the exis ng
Railway tracks and the approaches thereon.
b) Equally shared by the Licensees and Railway Administra on for any extra length
of the bridge structure provided for crossing addi on Railway tracks required in future,
not covered in clause (a) (I) above.
3. If the road Under bridge is subsequently required to be the extended or widened
or rebuilt at a new site, the whole cost shall be borne by the party requiring the
extension or widening or rebuilding at a new site provided that any extra cost due to
addi onal width or length or other facili es required by any party shall be borne by that
party. However, if the bridge has reached a stage where its regirdring or rebuilding is
required on an age or condi on basis, the Railway Administra on shall agree to bear
only that por on of the cost of the improved bridge to the extent of the expenditure
necessary to replace or rebuild the bridge to the original standards at the then current
rates.

4. The Maha-Metro, as execu ng agency, alone shall carry out the construc on work
of bridge structure and approaches thereon as per the afore-men oned GAD on behalf
of the Railway Administra on and the Licensee.
5. (i) The maintenance, including drainage and ligh ng of the Roadway of the bridge
and its approaches, a er its opening to public traffic shall be the responsibility of the
licensee and the charges therefore will be fully borne by the licensee.
(ii) The Railway Administra on shall be responsible only for the maintenance of the
bridge structure excluding the approaches and the roadway. The expenditure incurred
(by the Railway administra on) on the maintenance of the above shall be borne by
Railway administra on for the bridge having roadway width upto 7.0 mtr. (23 ) of
Carriage-way and One footpaths of 1.00 m (3.28 ). If the bridge is for Widths in excess
of the aforesaid limits, the licensee shall bear a part of the expenditure incurred by the
Railway administra on on the maintenance of the bridge Structure. For this purpose, the
Licensees shall pay to the Railway Administra on every year the annual maintenance
charges calculated at the rate of 3% of the Licensee's share of the cost of the bridge
structure proper in so far as it pertains to the excess width of the bridge structures which
has been constructed by the Railway administra on through its execu ng agency for the
licensee on deposit terms, subject to the percentage charges being revised as and when
considered necessary by the Railway administra on. The maintenance charges shall be
paid in advance of the period to which it relates. Where it is mutually agreed upon, the
maintenance charges may be paid by the Licensee as a 'Lump sum amount equal to the
capitalized value of maintenance charges'.
iii) The above charges will cover the cost of ordinary repairs and maintenance only. All
major repairs, renewals, addi onal, altera ons, improvement, etc. will be shared by the
Railway administra on and the licensees in propor on to be the original cost of the
bridge proper borne by the Railway administra on and licensee. -The classifica on of the
necessity for the cost of such repairs shall be at the discre on of the Railway
administra ons. For the above purposes on the actual comple on of the Work a
comple on cer ficate giving the total cost of work (excluding the cost of land acquired
for the approaches and diversions and structures thereon) shall be signed for and on
Behalf of the Licensee and the Railway administra on specifying the share of each of the
party of the total cost of work. Such a comple on cer ficate shall form a part of this
Agreement and shall be final and binding on the par es.
6. Notwithstanding anything to the contrary contained heroin, the undertaking by
the Railway Administra on to share with the Licensee, the cost of construc on of the
road Under bridge if any, to be borne by the railway Administra on under provisions of
this agreement, is subject to the express condi on that a er the comple on of the road
Under bridges the above men oned exis ng level crossing shall be permanently closed
from the date of opening of the road Under bridge to the road traffic. If for any reasons
what so ever the Railway administra on is restrained from closing the level crossing or is
at any later date required to restore the level crossing so closed and to keep it open to
traffic, the licenses shall, forthwith on demand, reimburse to the Railway Administra on
the en re cost of the Under bridge borne by the Railway administra on under the terms
of this agreement.
7. The licensee shall u lize the bridge referred to in clause (1) for traffic of all kinds
only upto the standard to which the bridge has been designed and built.
8. The licensee shall not remove earth from within the Railway limits without the
prior consent in wri ng of the Divisional Railway Manager (Works) of the Railway
Administra on. The Licensee shall not also alter or add to the property covered by this
agreement and shall not use it for any purpose except as aforesaid.
9. The Railway Administra on shall have free access at all mes to the said road
Under bridges.
10. The Railway Administra on shall not, in any way, be responsible for any damage
to life or property of persons using the road Under bridge.
11. The licensee shall pay to the railway administra on all costs and charges as
provided in the various Railway codes and applicable to the cost sharing works. The
amount of such charges shall be determined by the Railway administra on in its
absolute discre on.
12. In ease of failure on the part of the licensee to act up to the terms of the
agreement, the agreement shall without no ce cease and stand cancelled and the
Railway administra on reserves itself the right to recover such amount as may be due
as provided under law including all expenses incurred in construc on and maintenance
of the road under bridge.
13. The Licensee hereby granted may be determined by either party giving either of
them at any me three calendar months’ no ce in wri ng and such privilege may be so
determined by the Railway Administra on without any claim for compensa on
whatsoever on the part of the licensee and on expiry of such no ces, the licensee shall
discon nue the use of road under bridge.
14. The licensee shall at all mes keep the Railway administra on indemnified against
and shall reimburse to the Railway Administra on for all claims, demands, suits, losses,
damages, costs, charges and expenses what so-ever, which the Railway Administra on
may sustain or incur by reason or in consequence of any injury to any person or to any
property resul ng directly or indirectly from any fire or any other cause whatsoever,
from the approach roads, within Railway limits and the road under bridge in
consequence of the nonobservance or non-compliance on the part of the licensee with
any rule, regula on or byelaw in force.
15. The Licensee shall be responsible to make good to the Railway Administra on any
loss or damage caused by the negligence or improper use of road under bridge.

16. In case of any doubt, differences or dispute that shall arise between the Licensee
and the Railway Administra on, as to the true intent or meaning of these presents or
of any ar cle, clause or thing therein men oned, then every such case, doubt,
difference or dispute shall be referred to the Principal Chief Engineer of the Railway
Administra on and his decision thereon shall be final and conclusive and binding on
both par es.

17. Subject as otherwise provided in this memorandum all no ces to be given on

behalf of the President of India and all other ac on to be taken on his behalf may be
given or taken by the Divisional Railway Manager (Works) of this Railway at Nagpur.

18. In the event of the licensee abandoning or dropping this approved scheme of
construc on of road under bridge at any subsequent date then the licensee shall have
to reimburse to the Railway Administra on all the expenditure incurred by the Railway
Administra on rela ng to the said works
I witness whereof the par es to these presents have hereunto get and subscribed their
hands and day and year first above Wri en.
Signed by For and on behalf of the
President of India

Divisional Railway Signed in presence of

Manager, Central Railway,
Nagpur.
1)

2)
Signed By

Chief Engineer Public

Works Department,
Nagpur.

For and on behalf of the

Governor of Maharashtra

Signed in presence of