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OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 1 of 90
Signature of Tenderer/s
Date
EAST CENTRAL RAILWAY
HEAD QUARTER
PERSONNEL DEPARTMENT
TENDER DOCUMENT
OF
OPEN TENDER NO.: ECR/CPO/AADHAAR/1/2015
DATE OF OPENING: 12.02.2016
NAME OF WORK: ALLOTMENT OF AADHAAR NUMBERS TO RAILWAY
EMPLOYEES (PAST & SERVING) AND THEIR FAMILY MEMBERS OF EAST
CENTRAL RAILWAY
COST OF TENDER DOCUMENT: RS. 5000/-
OFFICE OF THE
CHIEF PERSONNEL OFFICER
GROUND FLOOR, RAIL NIKETAN
EAST CENTRAL RAILWAY HEAD QUARTER
HAJIPUR – 844101 (BIHAR)
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 2 of 90
Signature of Tenderer/s
Date
EAST CENTRAL RAILWAY
HEAD QUARTER
TENDER NOTICE NO.: ECR/CPO/AADHAAR/1/2015
DEPARTMENT: PERSONNEL OFFICE: CPO/EAST CENTRAL RAILWAY
1. Tender Notice No. & Date: ECR/CPO/AADHAAR/1/2015
DT. 01.01.2016
2. Name of the work & location: ALLOTMENT OF AADHAAR NUMBERS TO
RAILWAY EMPLOYEES (PAST & SERVING) AND
THEIR FAMILY MEMBERS OF EAST CENTRAL
RAILWAY
3. Tender Value: Rs. 93,92,280.00 (rupees ninety three lakh ninety
two thousand two hundred eighty only).
4. Cost of Tender Document: Rs. 5000.00 (rupees five thousand only) –
Non-refundable
5. Address of the office from
where the tender form can be
purchased:
Office of the Chief Personnel Officer, Ground
Floor, Rail Niketan, East Central Railway Head
Quarter, Hajipur – 844101 (Bihar) on any
working days between 11.01.2016 to 11.02.2016
from 11.30 hrs to 16.00 hrs on production of
money receipt from Coaching Supervisor, East
Central Railway, Hajipur station.
6. Earnest Money to be
deposited:
Rs. 1,87,850.00 (rupees one lakh eighty seven
thousand eight hundred fifty only)
7. Completion period of the
work:
180 days from the date of receipt of letter of
acceptance.
8. Date & Time for submission of
tender and opening of tender:
Date of submission of Tender paper is up to 13.30
hours of 12.02.2016 & date of opening is 12.02.2016
at 14.00 hrs.
9. Website particulars and notice
board location where
complete details of tender can
be seen and tender paper can
be downloaded:
Websites: www.ecr.indianrailways.gov.in and
www.tendertimes.com
Location of Notice Board: Office of the Chief
Personnel Officer, Ground Floor, Rail Niketan,
East Central Railway Head Quarter, Hajipur –
844101 (Bihar)
10 Tender schedule Available as Annexure – I of this document
GENERAL MANAGER (P)
EAST CENTRAL RAILWAY, HAJIPUR
FOR AND ON BEHALF OF PRESIDENT OF INDIA
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 3 of 90
Signature of Tenderer/s
Date
EAST CENTRAL RAILWAY: HEAD QUARTER
PERSONNEL DEPARTMENT
OPEN TENDER NO.: ECR/CPO/AADHAAR/1/2015
NAME OF THE WORK: ALLOTMENT OF AADHAAR NUMBERS TO RAILWAY
EMPLOYEES (PAST & SERVING) AND THEIR FAMILY MEMBERS OF EAST CENTRAL
RAILWAY
1. SUBMISSION OF TENDER FORMS:
(a) Chief Personnel Officer, East Central Railway, Hajipur on behalf of the
President of India invites sealed tender for the above work only from the agencies
empanelled by UIDAI for undertaking demographic and biometric data collection for
enrolment of residents.
(i) Non-transferable Tender Documents containing detailed description of the Schedule of
Works along with other terms & conditions can be obtained from the office of the Chief
Personnel Officer, East Central Railway, Hajipur in cash deposition to Coaching Supervisor,
East Central Railway, Hajipur station.
(ii) In case the tenderer wishes to obtain the Tender documents by post, Rs. 500 (rupees
five hundred only) extra towards postal charges for each Set of Document to be remitted by
MO/TMO in favour of Chief Personnel Officer, East Central Railway, Hajipur. The Railway is
not responsible for delay, loss or non-receipt of tender document sent by post.
(iii) The Tender Document is also available at our website www.ecr.indianrailways.gov.in
and www.tendertimes.com which can be downloaded and used as tender document for
submitting the offer. The Tender Document cost for the downloaded tender to be submitted
in the form of Demand Draft/Pay Order on any nationalized bank in favour of “FA&CAO,
East Central Railway” along with the tender document. In case of any discrepancy between
the tender document downloaded from the internet and the master copy kept at this office,
later shall prevail and will be binding on tenderer.
Tender must be enclosed in sealed cover superscribing tender number as above and must be
sent to the address of Chief Personnel Officer, East Central Railway, Hajipur so as to reach his
office not later than 13.30 hrs on 12.02.2016 and should be deposited in the special box
allotted for the purpose in the office of Chief Personnel Officer, East Central Railway,
Hajipur. The box will be sealed at 13.30 hrs. on 12.02.2016 Tender received after the time
and date specified above shall not be considered. Any tender delivered or sent otherwise will
be at the risk of tenderers. In case the date of opening happens to be holiday, the tender will
be received and opened on the next working day with the same timings.
(b) Offer received incomplete will be summarily rejected.
(c) Tenders received in the office of Chief Personnel Officer, East Central Railway, Hajipur
after the scheduled time of closing of the tender, shall be classified as “Delayed/late tender”
even if posted by the tenderer sufficiently in time. The administration is not responsible either
for the loss in the transit or late/delayed receipt of tender. Late/delayed tender will be
summarily rejected.
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 4 of 90
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Date
(d) The tenders will be opened at 14.00 hrs on 12.02.2016 and rates read out in the
presence of such tenderer who choose to be present.
2. DOCUMENTS TO ACCOMPANY THE BID/TENDER:
The following documents shall accompany the offer:
(i) Covering letter in the specified format as given in Annexure – A;
(ii) Earnest money, in original;
(iii) Eligibility criteria:
(a) The Tenderer should have completed at least one similar single work, for a minimum
value of 35% of advertised tender value of work in last three financial year, i.e.,
current year and 3 previous years.
(b) The Tenderer should have total contract amount received during last three years and
in current financial year should be a minimum of 150% of advertised tender value of
work. The tenderer should satisfy about the authenticity of the certificates by
submitting attested certificate from the employer/client, audited balance sheet duly
certified by the Chartered Accountant etc. Tenders submitted without the above valid
credential may not be considered as valid tender.
(c) The tenderer should be empanelled by UIDAI for undertaking the demographic and
Biometric data collection of past and serving railway employees and their family
members residing under the geographical area of East Central Railway and outside
within India. The agencies which have been de-empanelled by UIDAI recently cannot
take part in the tender. The Bidders shall submit a copy of the Letter of Empanelment
issued by UIDAI duly indicating the level and tier as well as the list of States, the
Bidder is eligible to work in. Non-submission of the letter of empanelment may be
grounds for disqualification.
(Note: Similar Work for this instant tender is collection of demographic and biometric data
for generation of UID number).
(d) Agencies empanelled by UIDAI and working on Joint Venture basis are also eligible.
3. RATES:
(a) The rates shall be quoted both in the figures and words for each item, mentioned in
schedule of works. Only one rate is to be quoted for each item.
(b) If there is variation between the rates quoted in figures and in words, the lower
quoted rate shall be taken as correct. If more than one or improper rates quoted by
the tenderer for the same item, the offer is liable to be rejected.
(c) The rates quoted by the tenderer shall be inclusive of all taxes, royalty, octroi etc.,
whenever liable should be included in the rates. No claim for octroi or any other taxes
etc. shall be entertained by the Railway at any later stage and on any ground
whatsoever. Rate should be quoted inclusive service tax if applicable.
4. EARNEST MONEY & SECURITY DEPOSIT:
Tenderer shall be required to deposit a sum of Rupees one lakh eighty seven thousand
eight hundred fifty only (Rs. 1,87,850.00) towards the earnest money with the Tender.
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 5 of 90
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Date
Earnest money may be furnished either in cash with the Coaching Supervisor, East
Central Railway, Hajipur station or in any of the following forms:
(a) Pay order or demand drafts. These should be either of the State Bank of India or of
any Nationalised Banks or scheduled Banks. No confirmation advice from the Reserve Bank
of India will be necessary.
(b) Pay orders and demand drafts should be drawn in favour of “FA&CAO, East Central
Railway”. These instruments should be at least for the period covering the contract and the
maintenance period.
The tender must be accompanied by a sum of rupees one lakh eighty seven thousand
eight hundred fifty only as earnest money deposited in cash or in any of the forms mentioned
above failing which the tender will not be considered and will be summarily rejected. The
tenderer shall hold the offer open till such date as may be specified in the tender. It is
understood that the tender documents have been sold/issued to the tenderer and the tenderer
is being permitted to tender in consideration of the stipulation his part that after submitting
his tender he will not resile from his offer or modify the terms and conditions thereof in a
manner not acceptable to the Railway, should the tenderer fail to observe or comply with the
foregoing stipulation, the amount deposited as earnest money for the due performance for
the above stipulation shall be forfeited by the Railway.
If the tender is accepted, the amount of Earnest money will be held as part of security
deposit for the due and faithful fulfillment of the contract. The earnest money of the
unsuccessful tenderer will be returned to the unsuccessful tenderer, but the Railway shall not
be responsible for any loss or depreciation that may happen to the security for the due
performance of the above stipulation, to keep the offer open for the period specified in the
tender documents or to the earnest money while in their possession nor be liable to pay
interest thereon.
5. SCOPE OF WORK:
The scope of work of the Enrolling Agency (EA) is defined below:
(a) Functional scope
(b) Geographical scope
5.1 Functional Scope:
The functional scope of this engagement shall include all the steps from setting up an
enrolment station/centre for enrolment of past and serving railway employees and their
family members for “UID Implementation project in East Central Railway” up to providing
requisite MIS reports to Registrar and UIDAI on enrolments completed on a daily basis till the
whole enrolment operation for the targeted population is completed. The functional scope
shall also include the collection of demographic details as per the KYR+ data requirements of
Railways. The Enrolling Agency shall also be responsible for delivering additional services as
required by the Registrar through this Contract.
5.1.1 Procure Biometric Devices as per UIDAI Specification:
The enrolling agency for capture of biometric data at the enrolling station should
procure web/digital camera confirming to UIDAI specifications and biometric devices (for
fingerprint and iris capture), certified by UIDAI appointed agencies.
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 6 of 90
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Date
5.1.2 Setting up of Enrolment Stations and Enrolment Centers:
The number of enrolment stations/centers and the duration shall be planned by
Enrolment Agency and approved by the Registrar taking into account a number of factors like
population density, geographical and topographical features, accessibility etc. The Supplier
will set up a Permanent Enrolment Station as per the guidelines of the Purchaser anywhere
unde the geographical area of East Central Railway and outside within India.
The empanelment agency may need some mobile stations for enrolment process. A
mobile enrolment station in this context would mean an enrolment station housed in a
mobile vehicle with facilities as defined in this section and shall move around in the catchment
area (locality) assigned until the enrolment of the target population in the locality is
completed.
The exact location and catchment area of the stationary enrolment station and
catchment area for the stationary/mobile enrolment station shall be planned by the
Enrolment Agency and the same should be approved by the registrar.
The process for setting up Enrolment centre and sub process flow is defined below:
Resident Enrolment Process Flow
Exe
cu
tio
n O
wn
ers
hip
: E
nro
lme
nt C
en
tre
Enrolment Process – L1 Flow
UIDAI & RegistrarEnrolment Centre
Start
1. Setup
Enrolment
Center Sub
Process
2. Capture
Demographic &
Biometrics Data
Sub Process &
Ready for
Transfer
End
3. Process ,
Sample Data
Audit and
feedback
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Resident Enrolment Process Description
S.No Step Responsibility Reference
Start
This process begins when an Enrolment Agency is ready
to start enrolling residents. To begin enrolments,
Enrolment Agency needs to Setup Enrolment Centre. Go
to Step 1.
1. Setup Enrolment Centre
Initiate sub process Setup Enrolment Centre. This
contains details on setting up an enrolment centre.
Enrolment Agency Setup
Enrolment
Centre
2. Capture Demographic and Biometric Data and Ready for
Transfer
After an enrolment centre is ready, Enrolment Agencies
can begin the process of capturing residents’ demographic
and biometric data. For details on how to capture data,
go to sub process Capture Demographic and Biometric
Data.
After Data Capture, Data files are to be ready at
identified/specified location for transfer to CIDR.
Refer external process for 1st Mile logistics which
prescribes the methods by which the data has to be
transferred to the Authority. The enrolling agencies are
therefore advised to obtain these instructions before they
proceed to collect the demographic and biometric data
of the willing enrolees.
The Unique Identification Authority of India (UIDAI)
accords highest importance and primacy to the security
of data collected on the enrolees who enrol themselves
to obtain Unique Identification Numbers. It is the
responsibility of the enrolling agencies to make sure that
the data is kept in a very secure and confidential manner
and under no circumstances shall they use the data
themselves nor part with the data to any other agency
than the UIDAI. Privacy of an individual’s data is
accorded utmost importance by the UIDAI. If there is any
violation of privacy by the enrolling agency or through
its employees, contractual or otherwise, there shall be a
breach of contract, apart from attracting the penal
provisions of the Act which will govern the operations of
the Authority.
Enrolment Agency Capture
Demograp
hic and
Biometric
Data and
Ready for
Transfer
Sub Process
External
process for 1st
Mile logistics
Process
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S.No Step Responsibility Reference
3. Process , Sample Data Audit and feedback
UIDAI may do sample data audits for quality. This will
reduce the chances of enrolment failures/rejections later
due to poor data quality.
Registrar should audit adherence to process by enrolment
agency to prevent malpractices. These audits may be
conducted by the Registrar, a 3rd party appointed by the
Registrar or by any other party/mechanism deemed fit by
the Registrar.
UIDAI may also undertake sample process audit during
enrolment and also provide feedback on the audit
conducted by the Registrar.
Based on feedback, Enrolment Agency may need to make
some adjustments/changes in its process.
UIDAI and
Registrar
End
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 9 of 90
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Setup Enrolment Centre Sub Process Flow
Exe
cu
tio
n O
wn
ers
hip
: E
nro
lme
nt C
en
tre
Setup Enrolment Centre Sub Process Flow
UIDAIEnrolment Centre
(Supervisor)Registrar
Start
1. Identify
Suitable
Locations for
Centre
2. Decide No. of
Stations for Each
Centre
4. Share Pre-
Enrolment Data
3. Deploy
Required
Devices,
Hardware &
Software
9. Ensure
availability of
certified
Operators,
Supervisors
10. Ensure Site
Readiness As Per
Checklist
11. Audit Site
Readiness As Per
Checklist
End
Q
Q
5. Load Pre-
enrolment Data, If
Applicable
7. Create
Awareness
8. Help Create
Awareness
6.Share
Awareness and
Publicity Content
Setup Enrolment Centre Sub Process Description
S.No Step Responsibility Reference
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 10 of 90
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S.No Step Responsibility Reference
C Start
To setup enrolment centres, activities that need
to be initiated are:
Step 1 Identify suitable locations for
Enrolment
Step 4 Share Pre-Enrolment Data, if used
Step 6 Ensure Availability of Certified
Operators, Supervisors
Step 7 Share Awareness and Publicity
Content
1. changed Identify Suitable Locations for Centre.
Enrolment Agency shall identify the locations
for enrolments and get them approved by
Registrar. Registrar will provide all the help
possible for identification and availability of
these locations.
Enrolment
Agency
2. changed Decide Number of Stations for Each Centre
Enrolment agency shall prepare a detailed
work plan about number of stations and get that
approved by the Registrar.
Enrolment
Agency
3. Deploy Hardware, Software for Enrolment
Ensure all hardware and software as per standard
UIDAI guideline are deployed at the enrolment
centre. Test the hardware / software for proper
working.
Enrolment
Agency
Checklist for
Setting up
Enrolment
Centre
4. Share Pre-enrolment Data Available, if Used
Where applicable, share the pre-enrolment data /
beneficiary database with Enrolment Agencies for
carrying out the enrolments. The details of the
database need to be discussed and sent to UIDAI
in advance in prescribed format and aligned to
UIDAI requirements as per technology integration
toolkit.
Registrar
KYR
Standards for
Collecting
Demographic
Data
5. Load Pre-enrolment Residents Data on the
Enrolment Station Laptop
Load and test beneficiary database on enrolment
centre laptops / desktops and ensure it is
accessible / searchable.
Enrolment
Agency
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 11 of 90
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S.No Step Responsibility Reference
6. Share Awareness and Publicity Content
Share awareness and publicity content, as detailed
in the external process, with the Registrar. Guide
them in adapting the content / communication.
UIDAI
7. Create Awareness in Target Beneficiaries /
Residents
Ensure right communication reaches the target
resident groups with respect to timing and
location for enrolment centres, benefits of
enrolling etc.
Registrar
8. Help Create Awareness
Enrolment Agency needs to assist the Registrar in
communication and generating resident
awareness. The role of the enrolment agency
should be limited to publishing the content
provided by the UIDAI/ Registrars. The EA should
not add to / modify /delete the content provided
by Registrar/ UIDAI.
Enrolment
Agency
9. Ensure Availability of Certified Operators,
Supervisors
Although training is not mandatory, certification
is mandatory for Operators. Ensure certified
Operators and Supervisors are available at
enrolment centres. The no. of certified Operators
should be more than the no. of stations for job
rotation and avoiding Operator fatigue.
The supervisor is required to handle any situation
that requires immediate attention and handle
exceptions at the enrolment centre itself and
inform the Registrar subsequently.
Technical personnel for attending power /system
/ biometric instrument related maintenance
problems should be available on call in a centrally
located place covering about six enrolment
centres so that the downtime can be minimized.
Proceed to Step 10. Ensure Site Readiness and Fill
Checklist.
Enrolment
Agency
10. Ensure Site Readiness and Fill Checklist
Ensure the enrolment centre is setup as per
Checklist for Setting up Enrolment Centre.
Document exceptions, if any, and sign-off the
checklist.
Enrolment
Agency
Checklist for
Setting up
Enrolment
Centre
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 12 of 90
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S.No Step Responsibility Reference
11. Audit Site Readiness
Audit enrolment centre for readiness using
Checklist for Setting up Enrolment Centre. The
Registrar’s supervisor will also sign-off the
checklist.
Registrar
(Supervisor)
End
The minimum facilities in the setup are as below:
a. Setting up of Enrolment station
Enrolment Station refers to an individual enrolment booth/enclosure inside the
Enrolment Centre. The capture of Demographic and Biometric data is done in this
Station.
(i) An enrolment station including a mobile enrolment station shall be equipped
with all the necessary machinery which include:
Mandatory Requirements
A Enrolment Station
A.1 Laptop with windows OS available
A.2 UIDAI software installed, tested, configured, registered with CIDR as per
installation and configuration manual
A.3 List of Introducers loaded on laptop
A.4 Iris capturing device available(record Make & Model)
A.5 Fingerprint capturing device available(record Make & Model)
A.6 Digital Camera(record Make & Model)
A.7 White back ground screen available for taking photographs
A.8 Extra monitor for residents to verify their data (15-16" with a resolution
above 1024x768)
A.9 All devices as per UIDAI standards
A.10 Testing of equipment at all enrolment stations
A.11 Data backup device (4 GB pen drive sufficient for 1 centre/day i.e. ~5
stations)
A.12 Printer ( A4 laser printer; must print photo with good quality receipt)
A.13 Printer Paper( Inventory for 5 stations for 10 days ~ 20 rims)
A.14 GPS Receiver (USB/built in)
A.15 Antivirus / Anti Spyware checks
A.16 Data Card /Internet connectivity for Enrolment Client to be online every 24-
48 hrs
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A.17 All Operators and Supervisors enrolled into AADHAAR and registered with
CIDR
A.18 The pre-enrolment data from the Registrars, if used, is available for import
on laptops
A.19 If Registrar has additional fields to be captured , then the KYR+ software for
capturing the KYR+ fields is configured and tested
(b) Setting up of Enrolment Centre
Enrolment Centre refers to the premises located in the area where the
enrolment is being carried out. The location for the enrolment center and number of
enrolment stations per center shall be determined by the Enrolling agency and
approved by the Registrar.
The process for setting up Enrolment centre is defined in Set up Enrolment
centre sub process flow.
The enrolment plan and schedule for the center shall be prepared by the
Enrolment Agency and shared with the registrar. One Enrolment Centre can host a
single or multiple Enrolment Stations.
Following are the specifications for a stationary/mobile enrolment center:
Mandatory Requirements
B Enrolment Centre
B.1 Backup power supply (generator) of 2 KVA capacity for every five
enrolment stations kept in a centre
B.2 Fuel to run the generators
B.3 Printed enrolment forms for filling data available in sufficient numbers
B.4 Adequate lighting, fans & power points for plugging various biometric
devices available
B.5 Local authorities informed of enrolment schedule
B.6 Introducers informed of enrolment schedule
B.7 Banner for the Enrolment Centre placed at entrance
B.8 Posters depicting enrolment process in English & the local language present
in visible places
B.9 Grievance handling Helpline Number and other important numbers
displayed prominently inside/outside the enrolment centre
B.10 The User Manual of the software available for ready reference & operators
aware of the same
B.11 Sponge for wetting and hand-cleaning cloth available
B.12 Photocopier and Scanning facility available
Desired
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 14 of 90
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C Other Logistics
C.1 Mobile phone/ Land phone/Internet available for immediate
communication with UIDAI /Registrars etc
C.2 Extension box for Power Cord
C.3 Water, soap and towel for cleaning hands and moisturizer
C.4 Drinking water facility available
C.5 Sufficient number of tables and chairs for enrolment station operators
C.6 Chairs/benches available in shade for waiting enrollees
C.7 Hall / room spacious & furniture organized to minimize movement of
enrollee while capturing biometric information
C.8 At least one station is suitable for physically challenged, pregnant women,
women with infants and elderly enrollees. This station is clearly marked
with a visible banner.
C.9 Carry cases for all devices available
C.10 Material for cleaning biometric instruments and laptops as specified by
device manufacturers
C.11 A separate enclosure to enroll “purdah-nasheen” women available
C.12 Sufficient no. of operators available for job rotation & preventing operator
fatigue
C.13 Lady operators / volunteers to assist women enrollees
C.14 Security arrangement in place to stop enrolees from carrying bags /
suitcases or any other material into the enrolment centres
C.15 A ramp is provided for disabled and old age people
C.16 First aid kit available
C.17 ORS kit available for areas in extreme heat conditions
C.18 Scanner (Optional as per Registrar’s mandate)
C.19 Bar Coded Stickers (Optional as per Registrar’s mandate)
C.20 Bar Code Reader (Optional as per Registrar’s mandate)
Enrolment Center – Health & Safety Considerations
D.1 All the electrical equipment are properly earthed
D.2 All wiring on the floor or along the walls properly insulated
D.3 Wiring required for the generator backup and for connecting the various
devices used for enrolment neatly organized
D.4 Fuel for generator or any other inflammable material stored away from the
enrolment area
D.5 Fire safety equipment available handy
D.6 Power generator kept sufficiently away from the enrolment stations
D.7 Local Emergency Help numbers available at the center & operators aware
of the same
OPEN TENDER NO. ECR/CPO/AADHAAR/1/2015 Page 15 of 90
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i. An enrolment center shall be manned by a supervisor and technical personnel
in addition to the operators at the enrolling stations. A ratio of 5:1 operators
to supervisors as well as operators to technical staff subject to a minimum of
one technical staff per one enrolment centre should be maintained by the
Enrolment Agency.
ii. The premises of the enrolment center are expected to be provided by the
Government authorities wherever available. However the enrolling agency
shall ensure required infrastructure like connectivity, power (if not already
available) etc with the help of the local body authorities. In cases where such
facilities are not available, the enrolling agency shall be responsible for
providing alternate arrangements like power generator etc.
iii. An area in the enrolment center shall be clearly demarcated for enrollees
waiting to be enrolled and facilities for seating should be provided.
iv. In case of mobile enrolment centers/stations, the decision on frequency/period
of availability shall be decided by the Registrar based on density of population,
geographical terrain etc.
5.1.3 Hire & Train Manpower for Enrolment
Hiring Manpower:
The Enrolling Agency shall hire manpower to operate the enrolment
station/center as per the guidelines prescribed by UIDAI.
i. Operator: The enrolling agency shall hire manpower (operator) to execute
enrolment at the enrolment stations as per the criteria provided below
1. The operator should have passed Matriculation
2. The operator should have a basic understanding of operating a computer and
should be comfortable using the computer.
3. The operator should have undergone training on the various equipment and
gadgets as specified in 1.a above.
4. The operator should have passed the Operator test for UID enrolment and
certified from a testing and certifying agency authorized by UIDAI.
ii. Supervisor: The enrolling agency shall hire Supervisors to supervise enrolment
at the enrolment centers as per the criteria provided below:
1. The supervisor shall preferably a graduate
2. The supervisor shall have a good understanding and experience in using a
computer.
3. The supervisor should have undergone training on the various equipment and
gadgets as specified in 1.a above.
4. The operator should have passed the Supervisor test and certified from a
testing and certifying agency authorized by UIDAI.
iii. Technical personnel : The enrolling agency shall hire Technical personnel to
provide technical support during enrolment at the enrolment centers as per the
criteria provided below:
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1. The Technical personnel shall be a Graduate and have a
certification/experience on hardware/software trouble shooting and
maintenance
2. The Technical personnel shall have a good understanding and experience in
using a computer.
3. The Technical personnel should have undergone training on the various
equipment and gadgets as specified in 1.a above.
4. The Technical personnel should have passed the Technical personnel test and
certified from a testing and certifying agency authorized by UIDAI.
iv. Induction training: After hiring the personnel as described above, the
Enrolment Agency should impart induction training on the various activities involved
in the enrolment process to enable them to understand and adjust to the local
situation. The induction training is to be given just before actual deployment of the
personnel for enrolment operations and shall be compulsory. The period of induction
training shall be from 10 to 15 days.
5.1.4 Conduct Enrolment Operations as per Standard Processes specified by UIDAI:
Prior to the commencement of the Enrolment operations the Enrollment Agency shall
work closely with the local governing bodies, key introducers in publicizing the UID,
its importance and schedule for UID registration in that location. During the
enrolment operation also publicity and awareness shall be done in coordination with
the local authorities to encourage UID registrations. All content and material for such
publicity will be jointly worked by UIDAI/Registrar and shall conform to specifications
laid down by UIDAI.
UIDAI has defined clear-cut standard processes for enrolment as mentioned
hereunder. The Enrolment Agencies would use the software provided by the
UIDAI/Registrar for the collection of demographic data and the biometric data. The
software will be supported by a User Manual.
Step 1a: Collect demographic data after due verification as prescribed by UIDAI
Detailed process flow of capturing Demographic and Biometric data capture and
detailed standards and guidelines for demographic data collection are given below:
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Capture Demographic and Biometric Data and Ready for Transfer Sub Process Flow
Exe
cu
tio
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wn
ers
hip
: E
nro
lme
nt C
en
tre
Capture Demographic & Biometrics Data & Ready for Transfer Sub Process
RegistrarResidentEnrolment Agency (Operator)
Paper Form
Yes
Yes
Start
3. Get
Demographic
Data Filled
2. Provide Paper
Form
13. Is
Resident’s Age
< 5yrs?
14. Enroll Based
on Parent/
Guardian details
6. Search by
Registrar’s
Identifier, if
prefilled data
1. Data
Collection?
12. Capture TIN
in the Form
11. Resident
has RGI’s TIN?
18. Validate Data
7. Enter
Demographic
Details in
Enrolment
Software
G
No
5.
Verification
Sub-
process
No
16. Capture
Biometrics -Facial
Image,
Exception(if any),
IRIS, Fingerprints
End
24. Print Consent
Letter and
Acknowledgement
Slip
22. Provide Own
Fingerprint to
Sign-off the Data
Capture
No
17. Show Data to
Resident
4. Get
Demographic
Data verified
19. Correction
Required?20. Correct Data Yes
21. Approve
25. Take
Consent
and File it
26. Take
Backup for
Transfer
Q
9.Resident gives
consent ?
No
Yes
8. Check
Resident’s consent
for UID enabled
bank account
10. Capture
Required Details
15. Check and
Record any
Missing Eye/
Finger
23. Record and
Get Supervisor to
Sign-off
Exceptions
Prefilled
Capture Demographic and Biometric Data and Ready for Transfer Sub Process
Description
S.No Step Responsibility Reference
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Start
This is the sub-process where actual resident enrolment
begins. This process begins when a resident approaches
an Enrolment Centre for enrolment.
1. Pre-Filled Data?
Initial collection of demographic data can happen via
multiple channels. The data can be either extracted from
a pre-filled database OR the data can be filled in a
paper-based form when a resident approaches an
enrolment centre.
If pre-filled data is not available, proceed to Step 2.
Provide Paper Form
Else go to step no. 4.
Enrolment
Agency
(Operator)
2. Provide Paper Form
Enrolment forms (containing KYR fields) must be filled
up at the enrolment centre along with Resident’s
signature. A Registrar can choose to have the Enrolment
form as a part of their enrolment form OR to have
separate forms for capturing KYR and KYR+ fields.
These paper-based forms are to be maintained at
enrolment centres.
Enrolment
Agency
(Operator)
Enrolment
Form
3. Get Demographic Data Filled Up
Guide resident in filling up and signing the form. If the
Resident is unable to fill the form himself / herself,
operator may take assistance from local support such as
(but not limited to) Village Accountant, Field Inspector,
Introducer, NGOs / CSOs etc.
Refer standard for details on capturing the KYR field.
Refer guideline for details on capturing resident
demographic information.
Enrolment
Agency
(Operator)
KYR Standards
for Collecting
Demographic
Data
Detailed
Guidelines for
Recording
Demographic
Data
4. Get demographic data verified.
Resident needs to get the demographic data provided by
him/her verified. Resident need to carry Original
documents and a photocopy of PoI,PoA,DoB for
verification.
Resident
5. Refer Verification Sub Process Flow for details
2 Distinct methods of verification are discussed in this
document
Based on supporting documents
Based on introducer system
Registrar
(Supervisor)
6. Retrieve by Registrar’s Identifier, if prefilled data Enrolment
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If the resident is already a part of the Registrar’s
beneficiary database, retrieve resident’s demographic
details using the Registrar’s Identifier. Some examples are
(but not limited to)
Ration card no (Food and Civil Supplies
Department as Registrar)
Job card no (Department of Information
Technology, Government of Jharkhand as
Registrar)
Policy no (LIC as Registrar)
TIN (RGI as Registrar)
EPIC no (Election Commission as Registrar)
PAN no (Income Tax Department as Registrar)
Agency
(Operator)
7. Enter Demographic Details in Enrolment Software
Enter the verified demographic details in the enrolment
software. The software has built-in features to ensure
completion of mandatory data fields.
In case data has been retrieved using Registrar’s
identifier, then check and correct/complete the
demographic data.
Enrolment
Agency
(Operator)
8. Check Resident’s Consent to participate in FI?
Check with resident if he/she wants to participate in the
scheme of financial inclusion (FI) by linking his current
Bank A/C to his UID or by opening a new Bank A/C on
the basis of his UID.
Enrolment
Agency
(Operator)
9. Resident gives consent
If the resident has consented with a “Yes” to participate
in financial inclusion and linking/opening a bank A/C
with his UID, proceed to step 10 to Capture Required
Details. If resident does not give his/her consent,
proceed to step 11 Resident has RGI’s TIN?
Resident
10. Capture Required Details
If the resident has an existing bank A/C, the following
details must be procured:
Name, Bank, Bank Branch, A/C Number and IFSC
Code(to be filled in by the enrolment operator from the
dropdown he’ll have access to, in case the resident is
unaware of the same).
Irrespective of the registrar being a bank or non-bank,
the above details have to be mandatorily filled in the
enrolment form. Any additional information that a bank
registrar would want to process may well be done after
the above requirements are fulfilled.
Enrolment
Agency
(Operator)
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If a resident has consented to participate in FI, and
doesn’t have an existing bank A/C, then the enrolment
station must procure from the resident his preferred
bank in which he wants to open a UID enabled bank
account from the list of banks available with the
enrolment station, and fill in the BIN (Bank
Identification Number) for the same.
If the Registrar involved in enrolment is a bank,
determine if the resident has an existing A/C in this
Registrar’s bank. In such a case, an existing A/C in any
other bank will mean the same as having ‘No’ bank
account.
If the registrar is a bank, then their own BIN must be
entered. This is subject to the approval of the resident’s
consent to open a new account with the registrar bank.
If the resident denies doing so, proceed to check in step
11.
11. Resident has RGI’s TIN?
The Operator should check with the resident if the RGI
(census) officials have visited his / her household for the
census survey.
If yes, proceed to Step 12. Capture TIN in the Form
If no, proceed to next check in Step 13. Is
Resident’s Age< 5yrs?
Enrolment
Agency
(Operator)
12. Capture TIN in the Form
The RGI official would have provided a TIN / schedule
no. to the household / individual. Capture the same in
the enrolment software. Operator can inform the
resident that this will be used for sharing resident’s
AADHAAR number with RGI. The resident may already
have an AADHAAR prior to RGI process.
Enrolment
Agency
(Operator)
13. Is Resident’s Age< 5yrs?
Check if the resident’s age is less than 5 years.
If yes, proceed to Step 14. Enrol based on
Parent/Guardian Details
If no, proceed to Step 15. Check and Record for any
Eye/ Finger Missing
Enrolment
Agency
(Operator)
14. Enrol based on Parent/Guardian Details
In case of children below the age of 5 years one of the
parents’ or guardian’s name shall be recorded and UID
or Enrolment Number (either of the two numbers) shall
be recorded. This is mandatory.
If the child is being enrolled along with his father
/mother / guardian, first enrol the parent / guardian and
record the parent’s enrolment no. in the child’s form.
Enrolment
Agency
(Operator)
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If the father /mother / guardian of the child has either
not enrolled or does not possess AADHAAR number at
the time of enrolment, the enrolment of that child
cannot be done unless the above requirements are
fulfilled.
It should be noted that in case of children below the age
of 5, Enrolment agency need to take only the
demographic data and photograph needs to be taken
and no biometric data is required.
15. Check and Record for any Eye/ Finger Missing
Check resident’s eyes and fingers for fitness
(missing/amputated). If the resident has any deformities,
these also have to be captured on the Demographic
screen.
Enter Details of “Missing Eye Indication” or “Missing
Finger Indication” as appropriate.
In such a case, the operator shall assist the resident in the
fingerprint capture to avoid capture of the extra finger/s.
Enrolment
Agency
(Operator)
16.
Capture Biometrics – Facial Image, IRIS and Fingerprints
Guide the resident to occupy the chair in front of the
enrolment station. The resident should be instructed to
be seated properly with their back upright and their face
towards the camera.
The images of all the ten fingers are to be captured. The
fingerprints must be captured in the sequence of slaps of
four fingers of left hand, right hand followed by the two
thumbs.
The Operator can visually verify facial image quality.
Apart from this in-built quality checks in the software
indicate the quality of biometrics at each stage. If any
biometric exceptions have been specified on the
demographic screen, these should be captured as
photographs on the Photograph screen.
The software forces re-captures for a fixed number of
times when quality is not OK. Afterwards the Operator
may try capture again but will not be forced by the
system. However, it should be borne in mind that the
forced capture should not become harassment for the
resident.
If required, ask resident to clean hands on towel and/or
Enrolment
Agency
(Operator)
Biometric Data
Capture
Standards
Detailed
Guidelines for
Collecting
Biometric Data
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help to apply little more pressure on hand while taking
image again. Similarly, guide resident to get appropriate
quality of iris and facial images.
Policies for biometric capture:
Iris – above 5 yrs mandatory (also used for de-
duplication)
Fingerprint – above 5 yrs capture
Fingerprint – above 15, treated like adult
Face – all mandatory including infants
Below 5 yrs – guardian/parent mandatory, after that
optional
Any biometric exception (any finger missing, any eye
missing) – extra photo as well as supervisor signature
AADHAAR Enrolment Client software automatically
takes care of enforcing these policies. UIDAI may, from
time to time, make modifications to these policies
17. Show Data to Resident
The Operator shows the data entered to the resident on
a monitor facing the resident and if required, reads out
the content to the enrolee, to ensure that all details
captured are correct.
Enrolment
Agency
(Operator)
18. Validate data
The resident will ensure that all details entered in
Demographic form are correct.
Resident
19. Correction Required?
In case any errors are pointed out to the Operator. Go
to step no.20, Correct Data
Else go to step no. 21, Approve.
Resident
20. Correct Data
The EA Operator then corrects the errors pointed out
and again shows the data to the resident.
Enrolment
Agency
(Operator)
21. Approve
If no corrections are required, resident will approve the
data.
Resident
22. Provide Own Fingerprint to Sign-off the data capture
The Operator will then provide own Fingerprint to sign-
Enrolment
Agency
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off the data captured.
CIDR will process for an operator that is enrolled and
has been added to valid operator list by EA.
(Operator)
23. Record and Get Supervisor to Sign Off Exceptions
The Supervisor may sign off any exceptions observed in
Data Collection.
Enrolment
Agency
(Operator)
Handling
Exceptions
24. Print Consent Letter and Acknowledgement
Print Acknowledgement slip and provide to resident.
Enrolment
Agency
(Operator)
Acknowledgem
ent Slip and
Consent
Letter(draft
format)
25. Take Consent and file it
Operator will take Resident’s consent (signature/thumb
impression) and file this copy.
Enrolment
Agency
(Operator)
26. Take Backup for Transfer
Operator maintains backup of data captured. Also,
Operator exports data to a memory stick and keeps it
ready for transfer at a specified location.
Refer 1st Mile Logistics Process for Data Transfer flow and
Guidelines
Enrolment
Agency
(Operator)
External Process
Refer 1st Mile
Logistics Process
for Data
Transfer flow
and Guidelines
End
KYR Standards for Collecting Demographic Data
Information Fields Verification
Required
Verification Procedure
Personal
Details
Name Yes Any of the POI documents
Introducer for people who
have no documents
Date of Birth ## No ---
Gender No ---
Address Details
Residential
Address(For UID
letter delivery and
other
communications)
Yes
Any of the POI documents
Introducer for people who
have no documents
Address will be physically
verified during UID letter
delivery. But Resident’s
physical presence not required
during letter delivery
Parent/ Guardian
Details
Father’s/ Husband’s/
Guardian’s Name*
Conditional No Verification of Father/
Husband/ Guardian in the case
of adults Father’s/ Husband’s/ Conditional
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Guardian’s UID* No Verification of Mother/
Wife/ Guardian in the case of
adults
Mother’s/ Wife’s/
Guardian’s Name*
Conditional
Mother’s/ Wife’s/
Guardian’s UID*
Conditional
Introducer Details Introducer Name** Yes
Introducer’s Name, UID on the
form
Introducer’s thumbprint
endorsing the resident in the
Review tab of the enrolment
software. In case Introducer is
not present at the time of
enrolment, he/she can review
the list later and endorse.
Introducer’s UID**
Contact Details Mobile Number No ---
Email Address No ---
## A flag is maintained to indicate if Date of Birth (DoB) is verified, declared, or approximate. In
case exact DoB is not known, resident should indicate the age only. Enrolment software has the
provision to capture age & calculate the year of birth.
* For infants, Father/ Mother/ Guardian’s name (at least one) and UID is mandatory.
* For children under a particular age, biometric de-duplication will not be done. Hence their UID
will be flagged as such until they are biometrically de-duplicated at a later age. Their UID will be
linked to at least one of the parent’s UID.
* In the case the adult is not in a position or does not want to disclose, name of either Father/
Husband/ Guardian or Mother/ Wife/ Guardian, select the flag in the enrolment software to
indicate that resident has not given the relationship details.
** For residents with no document proof, an “Introducer” should certify his/ her identity.
Detailed Guidelines for Recording Demographic Data
i. Name
1. The Enrolment Agency should verify the proof of identity documents produced by the
individual before recording the name.
2. The name of the person in full should be entered in the boxes provided for this purpose. Leave
single box between two separate words.
3. It is very important to write the person’s name very carefully and correctly. For example, the
respondent may tell that his name is V. Vijayan whereas his full name may be Venkatraman
Vijayan and similarly R. K. Srivastava’s full name may actually be Ramesh Kumar Srivastava.
Similarly, a female enrolee may tell her name as K. S. K. Durga while her full name may be
Kalluri Surya Kanaka Durga.
4. Ascertain from her/him the expansion of her/his initials and check the same in the documentary
evidence produced before recording the name in full.
5. In case of difference in the name declared and the one in document (PoI), the name as
declared by the resident may be recorded by the Enrolment Agency provided the difference is
only in spelling.
6. If two documentary proofs produced by the enrollee have variation in the same name (i.e.,
with initials and full name), the enrollee’s preferred name should be recorded.
7. Sometimes the infants and children may not have been named yet. Please try to ascertain the
intended name for the child by explaining to the enrollee the importance of capturing the
name of the individual for allotting UID.
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8. In case of non-availability of supporting documents for PoI, the name should be recorded with
the assistance of the Introducer.
ii. Date of Birth (DoB)
1. Write date of birth of Enrolment Agency, indicating day, month and year in the relevant boxes
provided. Record the day (2 digits), month (2 digits) and year (4 digits).
2. In the Date of Birth Field, depending on the clarity / proof provided by the resident, following
should be captured:
“V” – When the DoB can be verified from a documentary evidence
“D” – When resident declares the DoB without any documentary evidence
“A” – When the resident is unable to give exact DoB and the approximate age has been
given
iii. Gender:
1. Gender has to be recorded by the Enrolment Agency as declared by the enrolee in the box
provided by recording Male, Female or Transgender ‘M’ or ‘F’ or ‘T’ respectively.
iv. Residential Address:
1. Record the residential address in the boxes provided.
2. The address should be recorded as available in the documentary evidence produced by the
enrolee. Leave space between two words. Please ensure that the particulars are filled up
correctly.
3. In line 1 of the address capture “care of” person’s name if any. (Usually this has to be captured
for children and old age people living with parents and children respectively). If not
available, leave the Address line 1 blank.
4. Generally in rural areas, Building number, House number etc. are not available. If not
available leave the address line 2 blank.
5. Write the Street Name, if any, in Address line 3, otherwise leave it blank.
6. Write major/minor landmark if any in address line 4 otherwise leave it blank.
7. Write name of Mohalla/Locality/Post Office in address line 5, otherwise leave it blank.
8. Name of the village/town/city is to be written in address line 6.
9. Write the name of District and State in address line 6 and 7.
10. Ascertain the Postal Index Number Code(PIN code) and record in the boxes.
v. Parent/ Spouse /Guardian Information (Conditional)
1. Filling the father / husband / guardian or Mother / Wife / Guardian field is mandatory for all.
If they are enrolled their UID should be recorded.
2. In case the adult is not in a position or does not want to disclose, xxx should be recorded in
the field.
3. In case of children below the age of 5 years one of the parents’ or guardian’s name is recorded
and UID or Enrolment Number is recorded. It is mandatory.
4. If the child’s father /mother / guardian has / have not enrolled and / or do / does not possess
an UID at the time of enrolment, the enrolment of that child cannot be done unless the
above requirements are fulfilled.
vi. Relationship type (Conditional):
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1. This field is mandatory if the information in the above field is available, otherwise leave this
field as blank.
2. Here the relationship type of the above field to be recorded as “F” for Father, “M” for
Mother, “H” for Husband, “W” for Wife and “G” for Guardian.
vii. Introducers Name (Conditional):
1. Name of the Introducer has to be recorded in this field in case where enrollee is not able to
produce any documentary evidence as PoI and PoA.
2. When the enrollee depends on Introducer for proof of verification, the UID of the Introducer
is mandatory.
viii. Mobile Number (optional):
1. If the enrollee possesses and is willing to provide his/her mobile/landline number, this optional
field can be filled in.
ix. Email address (optional):
If the enrollee possesses and is willing to provide his/her e-mail ID, this optional field can be filled in.
Detailed Verification Process is described below:
Verification Sub Process Flow
Exe
cu
tio
n O
wn
er:
Re
gis
tra
r
Verification Sub Process
Enrollment Center
(Operator)IntroducerRegistrar
Start
6. Endorse
Resident by Giving
Fingerprint
Document Based
End
2. Verify
documents
1. Type of
Verification?Introducer Based
4. Store
Documents—
hard copy;
online scan;
Offline scan
5. Paste bar
coded stickers
on Consent
Letter , PoI &
PoA
3. Data
Capture
If Offline
Verification Sub Process Description
S. No Step Responsibility Reference
Start
It is essential that key demographic data is verified
properly.
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1. Type of Verification
2 Distinct methods of verification are discussed in this
document
Based on supporting documents
Based on introducer system
Registrar
2. Verify Documents
Registrar’s Supervisor verifying the documents should be
a pre enrolled resident. He may be covered during the
special drive for Introducers.
For Verification based on Documents, the Registrar’s
Supervisor present at the Enrolment Centre will verify the
documents and sign/stamp the documents as a proof of
Verification.
If pre-enrolment data is used Registrar’s Supervisor will
verify those documents (like Ration Card, NREGA job
card etc.).
In case Enrolment form is used for filling demographic
data, then Supervisor will verify form details against PoI,
PoA, DoB documents.
Verify Name, Date of Birth, Address against PoI, DoB and
PoA documents. Refer Guideline for list of applicable
documents.
Verify Name and UID of Parent/Guardian in case of
children.
Registrar’s Supervisor will then sign and stamp the
photocopy of documents verified.
Registrar
(Supervisor)
Documents for
Verifying PoI,
PoAand DoB
3. Capture Demographic and Biometrics Data and Ready
for Transfer Sub Process
After verification by Registrar, the Operator will follow
the process of capturing Demographic and Biometrics
Data and keep it ready for transfer to CIDR.
Refer Capture Demographic and Biometrics Data and
Ready for Transfer Sub Process
Enrolment Agency
(Operator)
Capture
Demographic
and Biometrics
Data and
Ready for
Transfer Sub
Process
4. Store Documents
These documents need to be maintained by the
UIDAI at least for 7 years from the date of capture.
The UIDAI may store documents in either
Hard copy or
Digitise documents by online scanning
during the process of data capture
Enrolment Agency will hand over the documents to
Enrolment Agency
(Operator)
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the UIDAI approved Document Management
Agency as per process guidelines circulated by
UIDAI from time to time.
End.
5. Paste bar coded stickers on Consent Letter, PoI and PoA
To save on online scanning cost and time, a Registrar
may opt for offline scanning of documents. If this is the
case, the Operator will paste pre-printed bar coded
stickers on these documents. The bar code will be read
and stored on the Resident file.
When scanning of documents will take place at a later
stage, then the bar code reader will read the bar code on
any of these documents. PoI, PoA documents will then
be scanned and attached to the data file of the Resident
that is retrieved using bar code.
Enrolment Agency
(Operator)
6. Endorse Resident by giving fingerprint
The Introducer will go through all the details to ensure
that he endorses correctly. The Introducer ensures that all
the residents that he is about to endorse are known and
given particulars are correct. The concept of inclusiveness
should not take away the credibility of the Introducer
system. Any false verification by Introducer shall make
him liable for legal action.
The Introducer can endorse a resident and vouch for the
validity of Resident’s information by giving his/her
thumbprint in the enrolment software’s “Review” tab. In
addition he/she should sign the Enrolment form
endorsing the resident.
Introducer will validate by giving fingerprint.
Introducer
End
Documents for Verifying PoI, PoA and DoB
Support PoI Documents Containing Name and Photo
1. Passport
2. PAN Card
3. Ration/ PDS Photo Card
4. Voter ID
5. Driving License
6. Government Photo ID Cards
7. NREGS Job Card
8. Photo ID issued by Recognized Educational Institution
9. Arms License
10. Photo Bank ATM Card
11. Photo Credit Card
12. Pensioner Photo Card
13. Freedom Fighter Photo Card
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14. Kissan Photo Passbook
15. CGHS / ECHS Photo Card
16. Address Card having Name and Photo issued by Department of Posts
17. Certificate of Identify having photo issued by Group A Gazetted Officer on letterhead
18. Certificate of Identity having photo issued by Panchayat Mukhiya
Supported PoA Documents Containing Name and Address
1. Passport
2. Bank Statement/ Passbook
3. Post Office Account Statement/Passbook
4. Ration Card
5. Voter ID
6. Driving License
7. Government Photo ID cards
8. Electricity Bill (not older than 3 months)
9. Water bill (not older than 3 months)
10. Telephone Landline Bill (not older than 3 months)
11. Property Tax Receipt (not older than 3 months)
12. Credit Card Statement (not older than 3 months)
13. Insurance Policy
14. Signed Letter having Photo from Bank on letterhead
15. Signed Letter having Photo issued by registered Company on letterhead
16. Signed Letter having Photo issued by Recognized Educational Instruction on letterhead
17. NREGS Job Card
18. Arms License
19. Pensioner Card
20. Freedom Fighter Card
21. Kissan Passbook
22. CGHS / ECHS Card
23. Certificate of Address having photo issued by MP or MLA or Group A Gazetted Officer on
letterhead
24. Certificate of Address issued by Village Panchayat head or its equivalent authority (for rural
areas)
25. Income Tax Assessment Order
26. Vehicle Registration Certificate
27. Registered Sale / Lease / Rent Agreement
28. Address Card having Photo issued by Department of Posts
29. Caste and Domicile Certificate having Photo issued by State Govt.
Supported Proof of DoB Documents
1. Birth Certificate
2. SSLC Book/Certificate
3. Passport
4. Certificate of Date of Birth issued by Group A Gazetted Officer on letterhead
Step 1(b): Collect demographic data after due verification as prescribed by Registrar
The East Central Railway proposes to collect additional information (called KYR+), wherever
available or applicable, during enrolment process. The basic KYR+ data and guidelines for
capture of the details are given below, however railway may modify the fields according to
requirement at the time of implementation:
Specification and Formats for capture of KYR+ Information
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1 EPIC Number YES/NO Number
2 MGNREGS Job Card
number
YES/NO Number
3 BPL Card Number YES/NO Number
4 TIN No. YES/NO Number
5 PAN YES/NO Number
6 Pension
YES/NO
If Yes, which
Pension
Pension
Number
7 Bank Details, if any Name of the Bank Branch Savings bank,
Acc.No
8
Ration Card YES/NO BPL/APL Card No No of
Units
Shop
No
9 Post Office, if any Account
Number
Branch
10 Panchayat Name
11 Mobile No.
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Step 2: Collect Biometric data from the enrolees as prescribed by the UIDAI
Detailed Guidelines for collecting of Biometric data are described below:
i. Fingerprint Capture
a. Left Hand Fingerprints: The Enrolee
should be requested to place all four
fingers of the left hand to platen of the
fingerprint scanner for the four-finger
capture to ensure good contact and
maximize the area of the captured
fingerprints.
b. If automatic capture does not
happen, the operator should force the
capture through option available in the
enrolment software. The capture software
will allow forced capture only after at
least one attempted automatic capture for
that Enrolee.
c. The operator should visually check the image for quality and for typical problems. In
case there are problems go back to steps above to retry the capture.
d. If capture is still not possible, move
on to the next step to capture the
fingerprints of the right hand.
e. Right Hand Fingerprints: The
Enrolee should be requested to place all
four fingers of the Right Hand to platen of
the fingerprint scanner for the four-finger
capture to ensure good contact and
maximize the area of the captured
fingerprints.
f. If automatic capture does not
happen, the operator should force the
capture through option available in the
enrolment software. The capture software will allow forced capture only after at least one
attempted automatic capture for that
Enrolee.
g. Visually check the image for quality
and for typical problems. In case there are
problems go back to steps above to retry
the capture.
h. If capture is still not possible, move
on to the next step to capture the
fingerprints of the two thumbs.
i. Two Thumbs: The Enrolee should
be requested to place Two Thumbs to
platen of the fingerprint scanner for the
capture to ensure good contact and
maximize the area of the captured fingerprints.
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j. If automatic capture does not happen, the operator should force the capture through
option available in the enrolment software. The capture software will allow forced capture
only after at least one attempted automatic capture for that Enrolee.
k. Visually check the image for quality and for typical problems. In case there are
problems go
back to steps above to retry the capture.
ii. Facial Image Capture
a. Enrolee Position: For capturing facial image, it is advisable for the operator to adjust
the camera instead of the Enrolee to position herself/himself at the right distance or in the
right posture.
b. Focus: The capture device should use auto focus and auto-capture functions. The
output image should not suffer from motion blur, over or under exposure, unnatural
coloured lighting, and radial distortion. Interlaced video frames are not allowed.
c. Expression: Expression strongly affects the performance of automatic face recognition
and also affects accurate visual inspection by
humans. It is strongly recommended that
the face should be captured with neutral
(non-smiling) expression, teeth closed and
both eyes open.
d. Illumination: Poor illumination has a
high impact on the performance of face
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recognition. It is difficult for human operators to analyze and recognize face images with
poor illumination. Proper and equally distributed lighting mechanism should be used such
that there are no shadows over the face, no shadows in eye sockets, and no hot spots.
e. Eye Glasses: If the person normally wears glasses, it is recommended that the
photograph be taken with glasses. However, the glasses should be clear and transparent so
that pupils and iris are visible. If the glasses are with tint, then direct and background lighting
sources should be tuned accordingly.
f. Accessories: Use of accessories that cover any region of the face is not permitted.
g. However, accessories like eye patches are allowed due to medical reasons.
h. Further, accessories like turban are also allowed as religious practices.
i. Operators need to be trained to obtain the best possible face images that satisfy
requirements.
iii. Iris Capture
a. Iris pattern of each eye is not
correlated, and gives two independent
biometric feature sets. It assures correct
assignment of left and right eyes and
allows for more accurate estimation of
roll angle.
b. In order to obtain good quality
template, the iris image diameter
should be a minimum of 170 native
pixels.
c. In order to retain sufficient
image surrounding the iris for the
purpose of identifying the left or right
eye as well as for a more accurate iris
segmentation, the margins around the iris portion of the image need to be at least 50% of
the iris diameter on the left and right sides of the image, and a least 25% of the iris diameter
on the top and bottom of the image.
d. The capture device should be more than 300 mm away from the Enrolee to be
considered non-intrusive.
e. The capture device should use auto focus and auto-capture functions.
f. In special circumstances where the Enrolee has to position herself or himself, the
capture device should be more than 100mm away but the device should use a visor or other
mechanical alignment aid to enable the Enrolee to position themselves.
g. In order to provide an acceptable level of usability and ease of alignment, the camera
must allow for some variability in the position of the iris centre relative to the camera. This
variability is defined by position tolerances in the horizontal, vertical, and axial dimensions
that together define a volume (the “capture volume”) within which the centre of the iris must
be located in order to enable image capture.
h. For two eye capture devices, the capture volume dimensions for devices without
mechanical alignment aids are 19 mm wide, 14 mm high, and 20 mm deep, and for devices
with such aids, 19 mm wide, 14 mm high, and 12 mm deep.
i. The iris image capture device must be capable of capturing light in the range of 700 to
900 nanometres. The camera’s near infrared illuminator(s) must have a controlled spectral
content, such that the overall spectral imaging sensitivity, including the sensor characteristics,
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transfers at least 35% of the power per any 100 nm-wide sub-band of the 700 to 900 nm
range.
j. The iris image capture sensor shall use progressive scanning.
k. Illumination shall be compliant with illumination standard IEC 825-1 and safety
specification ISO 60825-1.
l. In order to achieve acceptable recognition accuracy, the iris acquisition sensor must
achieve a signal-to-noise ration of at least 36dB.
m. Within the frequency range of interest, 700 to 900 nm, the iris sensor shall generate
images with at least 8 bits per pixel.
n. The operator and not the Enrolee will handle the capture device.
o. The Enrolee will be required to sit (or stand) in a fixed position, like taking a portrait
photograph.
p. The iris capture device or the connected computer would be able to measure the iris
image quality. An initial image quality assessment would be done to provide feedback to the
operator during the capture process. The device alerts the operator if the captured iris image
is of insufficient quality.
q. The iris capture process is sensitive to ambient light. No direct or artificial light should
directly reflect off Enrolee’s eyes.
Handling of Exceptions
There would be instances where the enrolee would not be in a position to give complete set of
biometrics as required by the UIDAI owing to reasons such as injury, amputation of the fingers / hands
and similar problems with the eyes. The following sets of guidelines are to be borne in mind while
handling such exceptions.
i. Exceptions in capturing Facial Image capture
S.No Problem Suggestions
a. Unable to capture
image due to poor
light:
a. No flash is to be used.
b. Contact the local state government authorities to improve
the ambient light.
c. If there is inadequate lighting because of low voltage, use
the generator backup to improve the lighting.
d. Consider moving the enrollment station to a location in
the room with better light.
e. The non-capture could be because of bright light behind
the backdrop. The backdrop should be preferably placed
against an opaque wall/partition.
b. Unable to crop image
because of turban /
head scarf:
a. If it is strict religious attire, choose the manual capture
option.
b. If the headgear can be removed this may be requested
politely by the operator.
c. In the case of lady enrollees, it would be advisable for a
lady operator, or volunteer to undertake this process.
c. Enrollee unable to
keep head / torso still
and vertical:
Assistance may be provided to the enrollee. In case of lady
enrollees, assistance is to be provided by the lady operators or
volunteers.
ii. Exceptions in handling Fingerprint Image capture
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S.No Problem Suggestions
a. Missing /
amputated /
bandaged fingers
i. The same is noted in the data as provided in the software
ii. The fingerprints of remaining fingers are captured by the
operator
b. Unable to crop
image because of
turban / head
scarf
i. If it is strict religious attire, choose the manual capture
option.
ii. If the headgear can be removed this may be requested
politely by the operator.
iii. In the case of lady enrollees, it would be advisable for a lady
operator, or volunteer to undertake this process.
c. Fingerprint
captured is not of
the requisite
quality
i. If standard image of the finger prints are not possible for an
enrollee despite repeated attempts, the operator should
politely ask the enrollee to wash his hands. The operator can
provide a wet sponge or towel available in the centre.
ii. The operator can request the enrolled to apply pressure on
the platen to increase the area of contact and thereby obtain
image of the requisite quality.
iii. For applying pressure he would firstly rely on efforts of the
enrollee. If not successful, the operator can take the
permission of the enrollee and assist her/him in applying the
pressure to capture the image.
iv. It has to be ensured that assistance to women enrollees has to
be provided by women operators / volunteers.
v. The operator would make a reasonable number of attempts
to capture the biometrics of the resident. The number of
attempts that can be made is built into the software.
d. Inability to flatten
the fingers
i. The operator with due permission from the enrollee may
assist the enrollee in order to attempt capture of the
fingerprints.
ii. In case this is not successful, the operator may try to obtain
fingerprints to the extent that the enrollee is able to flatten
and place her / his fingers on the platen.
iii. The enrollee can then be made to move to the next set of
fingerprints of the other hand or the two thumbs.
e. Worn out ridges
or hands
blackened through
mehendi or any
other substance
a. Attempt a manual capture
b. Proceed to capture fingerprints of fingers which are not
blackened or without worn out ridges.
iii. Exceptions in handling Iris Image capture
If capturing Iris image is not possible due to non-existence of one or both eyes or bandage across one
or both eyes / any other deformity or disease the same has to be recorded in the system.
S.No Problem Suggestions
a. Squint /
disoriented eye
a. If the capture of both eyes at a time is not possible, the single
eye iris scan device may be used
b. In case the single eye iris device is not available, the operator
can make use of the dual eye device to capture one of the
irises correctly
b. Inability to open
the eyes properly
a. Guide the enrollee to open the eyes wide to enable the
capture
b. Manually assist the enrollee to open the eyes with the help of
his own hands so that the iris can be scanned.
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iv. General exceptions
The enrolee may not be in a position to keep herself / himself in correct posture for reaching biometric
instruments or for photograph due to old age or sickness. In such cases the operator should arrange to
take the biometric data by moving the equipment close to the enrolee.
Step 3: Get consent letter and generate acknowledgement receipt
After the demographic and biometric details are captured the enrolment operator shall
show the demographic data to the enrolee and get his consent. If needed any corrections are
made to the data and signed off by the operator by providing his finger prints. All exceptions
need to be signed off by the Supervisor. A consent letter has to be printed and the
signature/thumb impression of the enrolee obtained and the letter filed. An acknowledgement
receipt is then printed and provided to the enrolee as a reference.
Step 4: Data backup and transfer:
The data thus collected would be transmitted to the UIDAI for a process of de-duplication
and allotment of the AADHAAR Number.
Please refer to the Guidelines for enrolment for detailed process flows of the various activities
in the Enrolment process as prescribed by UIDAI. Process flow for Enrolment operations is a
given below:
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Exe
cu
tio
n O
wn
ers
hip
: E
nro
lme
nt C
en
tre
Enrolment process flow
RegistrarResidentEnrolment Agency (Operator)
Paper Form
Yes
Yes
Start
3. Get
Demographic
Data Filled
2. Provide Paper
Form
13. Is
Resident’s Age
< 5yrs?
14. Enroll Based
on Parent/
Guardian details
6. Search by
Registrar’s
Identifier, if
prefilled data
1. Data
Collection?
12. Capture TIN
in the Form
11. Resident
has RGI’s TIN?
18. Validate Data
7. Enter
Demographic
Details in
Enrolment
Software
G
No
5.
Verification
Sub-
process
No
16. Capture
Biometrics -Facial
Image,
Exception(if any),
IRIS, Fingerprints
End
24. Print Consent
Letter and
Acknowledgement
Slip
22. Provide Own
Fingerprint to
Sign-off the Data
Capture
No
17. Show Data to
Resident
4. Get
Demographic
Data verified
19. Correction
Required?20. Correct Data Yes
21. Approve
25. Take
Consent
and File it
26. Take
Backup for
Transfer
Q
9.Resident gives
consent ?
No
Yes
8. Check
Resident’s consent
for UID enabled
bank account
10. Capture
Required Details
15. Check and
Record any
Missing Eye/
Finger
23. Record and
Get Supervisor to
Sign-off
Exceptions
Prefilled
5.1.5 Send Enrolment Data to Registrar
The enrollment data has to be uploaded to Central Identities Data Repository
(CIDR) through a secure file transfer protocol (SFTP) on regular basis as per the UIDAI
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guidelines/instructions. The enrolling agencies are therefore advised to obtain these
instructions before they proceed to collect the demographic and Biometric Data of the
willing enrollees.
The UIDAI has a Document Management System to deal with enrollment
documents such as Enrolment Forms, PoI & PoA documents and consent letter. The
enrolling agency will be responsible for scanning the documents at the time of
enrolment and also the proper storage of all the enrollments documents before
handling both the scanned as well as hard copies to the proper authority as decided
by the UIDAI/Registrar.
5.1.6 Privacy & Security
Enrolling agencies are responsible to make sure that the data is kept in a very secure
and confidential manner and under no circumstances, shall they neither use the data
themselves nor part with the data to any other agency other than the UIDAI.
Mechanisms to ensure the same have to be put in place by the Enrolling agency and
shall be subject to audit by UIDAI/Registrar/their representative from time to time.
5.1.7 Provide Electronic MIS Reports on Enrolment Status Daily
Operator shall send enrollment statistics on enrolment status to Registrar/UIDAI on a
daily basis. The formats and contents of the MIS reports shall be decided by the
UIDAI/Registrar.
The Enrolment Agency shall be required to update the MIS of enrolment operations
across the allocated Schedule on a daily basis to the Purchaser. The Purchaser shall
provide the MIS Portal/Software/ including the formats/contents of the required
reports. While the collection of such MIS data by itself is expected to be an
automated process, it is mandatory on the part of the enrolment agency to
synchronize this data at the end of each day.
The enrolment agency shall be required to place one (1) Supervisor / Operations
Coordinator on a fulltime basis at each center. It shall be the responsibility of the
Supervisor/ Operations Coordinator to ensure that the MIS is updated to the
repository of the purchaser on a daily basis.
5.1.8 Prohibition of Sub-contracting
Sub-contracting of enrolment work is prohibited. This must be strictly adhered by all
enrolment agencies, irrespective of their empanelment status. In accordance with
UIDAI’s suspension policy the agency will immediately be dis-associated from all
Aadhaar enrolment work till the suspension is in force, irrespective of its
empanelment status.
5.1.9 GPS and Document Scanning
Enrollment agencies agree to install Device GPS for every enrollment client from
commencement of the second phase of the enrollment.
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Enrollment agencies agrees to scan the POI, POA and date of birth certificate
documents along with enrollment form and acknowledgement cum consent form
upfront and to integrate with resident data packet mandatorily form 01 October
2013.
5.1.10 Registrar’s Packet
All the data packets belonging to the Registrar should be submitted to Chief Personnel
Officer, East Central Railway, Hajipur in hard disks on regular basis.
5.1.11 Deployment of Enrollment Stations
All Enrollment Agencies agrees to deploy location wise minimum number of stations
as per prescribed by Registrar so as to complete the remaining work in remaining
period.
5.2 Geographical Scope
The geographical scope of work for enrolment operations shall include the following
schedules that shall be catered to by the Enrolment agency by setting up enrolment
stations. The target population for that schedule to be catered to by the Enrolment
Agency is as follows:
Location
code no. Location
Population to be
enrolled Approx.
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
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5.2.1 Roles and Responsibilities
The roles and responsibilities of the various parties involved in the Enrolment process are
defined below:
Role Organization Responsibilities
Enrolment
Agency Point
of Contact
Enrolment
Agency
Procure certified biometric devices
Procure other hardware and infrastructure for enrolments
Ensure enrolment software is installed on required laptops /
desktops
Load pre-enrolment residents data on enrolment stations laptop,
where applicable
Ensure UIDAI processes and standards are followed
Assist Registrar develop enrolment schedules
Work closely with the Registrar in enrolment publicity and
awareness at grass-root level
Ensure availability of certified operators and supervisors at
enrolment centres
Ensure adequate stationary is available
Ensure adequate backup arrangement at enrolment centre
Take remedial / corrective action in case of process / quality
deviations
Enable successful data transfer to CIDR
Enrolment
Centre
Supervisor
Enrolment
Agency
Setup enrolment station
Supervise enrolment process
Handle issues and concerns of operators and residents
Act as an operator, when required
Ensure checklists are filled
Ensure audit feedback, if any, incorporated in process
Take enrolment data to a designated location for transfer to
CIDR
File, back up and store enrolment data as per UIDAI guidelines
Enrolment
Operator
Enrolment
Agency
Capture demographic and biometric data
Handle exception cases during capture of data
Obtain consent letters and make corrections in data recorded, if
required
Provide acknowledgement slips to Residents
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Role Organization Responsibilities
Registrar’s
Supervisor
Registrar Audit of Enrolment Centres’ readiness
Audit of enrolment agency processes and their effectiveness
Verify PoI,PoA,DoB documents in case of document based
verification
Registrar
point of
contact
Registrar Define enrolment plan including locations and timeframe
Identify suitable locations for setting up enrolment centres
Ensure pre-enrolment data, where applicable, is available to
Enrolment Agency
Ensure list of Introducers is available with their demographic,
biometric details and UID numbers
Ensure communication reaches the target beneficiaries / residents
Provide template for paper-based enrolment form containing
KYR and KYR+ fields
Setup mechanism for periodic process and data quality audit
UIDAI point
of contact
UIDAI Facilitate certification of biometric devices
Provide training content
Appoint a training and certification agency and provide testing
content to this agency
Provide required standards and guidelines
Vet awareness and publicity content
Introducer Registrar Confirm the identity of the resident by giving his/her UID and
fingerprints for verification
Resident -- Provide demographic and biometric information
Provide authentic documentation or be introduced by an
Introducer
5.2.2 Timelines
Location wise
code No.
location Start date End Date
01
02
03
04
05
06
07
08
09
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10
11
12
13
14
15
16
17
18
Legends
Signifies Start /End of Process
Signifies Activity/Task
Signifies an off page reference of a Sub Process
Signifies a Decision Box
Signifies a Reference to either a Guideline(G), Form(F) or Quality
Check point (Q) depending on the text used inside the circle
Signifies an external process being referred
Abbreviations used
UID - Unique Identification
UIDAI - Unique Identification Authority of India
DDSVP - Demographic Data Standards and Verification Procedure
KYR - Know Your Resident
KYR+ - Fields required in addition to KYR fields required by the Registrars
PoI - Proof of Identity
PoA - Proof of Address
DoB - Date of Birth
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RGI - Registrar General of India
TIN - Temporary Identification Number provided by RGI
NGO - Non Government Organisation
CSO - Civil Society Outreach
FI - Financial Inclusion
The above document on Scope of Work is intended to provide necessary inputs to the
Enrolment Agency to make sure that the data capture is done in a proper manner and
also the verification of the details given is done as prescribed for the process of issuing
AADHAAR. However the latest guidelines issued by UIDAI in this context should be
followed.
The objective is to provide detailed guidelines for the enrolment process which
consists of setting up enrolment centres, capturing demographic data and biometric
data, handling exceptions, and storage of data.
6. PERFORMANCE GUARANTEE:
The Successful contractor should give a Performance Guarantee in the form of an
irrevocable Bank Guarantee drawn on any Nationalised/Scheduled bank amounting to 5%
(five percent) of the contract value after the issue of letter of acceptance but before signing of
Contract Agreement which will normally be signed within 30 days after issue of Letter of
Acceptance (LOA). Performance Guarantee will be released after satisfactory completion of
the work subject to certification of Railway’s Competent Authority in this respect.
The firm have to submit the said performance guarantee within 30 days from the date
of issue of LOA. Extension of time for submission of PG beyond 30 days and up to 60 days
from the date of issue of LOA may be given by the authority who is competent to sign the
contract agreement.
However a penal interest of 15% (fifteen percent) per annum shall be charged for the
delay beyond 30 days, i.e., from 31st day after the date of issue of LOA.
In case the contractor fails to submit the requisite PG even after 60 days from the date
of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any
payable against that contractor. The failed contractor shall be debarred from participating in
retender for the work.
The successful bidder shall submit the PG in any of the following forms amounting to
5% (five percent) of the contract value:
(i) A deposit of cash
(ii) Irrevocable Bank Guarantee in favour of FA&CAO, East Central Railway, Hajipur
(iii) Government Securities including State Loan Bonds at 5 (five) percent below the
market value
(iv) Deposit Receipts, Pay Order, Demand Drafts and Guarantee Bonds. These forms of
Performance Guarantee could be either of the State Bank of India or any of the Nationalised
banks in favaour of FA&CAO, East Central Railway, Hajipur
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(v) Guarantee Bonds executed or Deposit Receipts tendered by all Scheduled banks
(vi) A deposit in the Post Office Saving Bank
(vii) A deposit in the National Saving Certificates
(viii) Twelve Years National Defence Certificates
(ix) Ten Years Defence Deposits
(x) National Defence Bonds, and
(xi) Unit Trust Certificates at 5 (five) percent below market value or at the face value
whichever is less. Also FDR in favour of FA&CAO, East Central Railway, Hajipur (free from
any encumbrance may be accepted).
The performance guarantee shall be submitted by the successful bidder after the LOA has been
issed but before signing of the contract agreement. This PG shall be valid up to the stipulated
date of completion plus sixty days beyond that. In case, the time for completion the work get
extended, the contractor shall get the validity of the PG extended to cover such extended
time for completion of work plus sixty days.
The value of PG to be submitted by the contractor will not change for variation upto 25%
(twenty five percent) either increase or decrease. In case during the course of execution, value
of the contract increases by more than 25% of the original contract value, an additional
Performance Guarantee amounting to 5% (five percent) for the excess value over the original
contract value shall be deposited by the contractor.
The Performance Guarantee shall be released after physical completion of the work based on
‘Completion Certificate’ issued by the competent authority stating that the contractor has
completed the work in all respects satisfactorily. The Security Deposit shall, however, be
released only after expiry of the maintenance period and after passing the final bill based on
‘No Claim Certificate’ from the contractor.
Whenever the contract is rescinded, the Security Deposit shall be forfeited and the
Performance Guarantee shall be encashed. The balance work shall be got done independently
without risk & cost of the failed contractor. The failed contractor shall be debarred from
participating in the tender for executing the balance work. If the failed contractor is a Joint
Venture or a Partnership firm, then every member/partner of such a firm shall be debarred
from participating in the tender for the balance work in his/her individual capacity or as a
partner of any other Joint Venture/partnership firm.
Railway shall not make a claim under the Performance Guarantee except for amounts to
which the President of India is entitled under the contract (not withstanding and/or without
prejudice to any other provisions in the contract agreement) in the event of:
(i) Failure by the contractor to extend the validity of the Performance Guarantee as
described herein above, in which event the Engineer may claim the full amount of the
Performance Guarantee
(ii) Failure by the contractor to pay President of India any amount due, either as agreed
by the contractor or determined under any of the Caluses/Conditions of the Agreement,
within 30 days of the service of notice to this effect by Railways
(iii) The Contract being determined or rescinded under provision of the GCC, the
Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the
President of India.
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7. AGREEMENT:
The successful tenderer shall have to perform agreements as per the standard form of contract
within 30 days after the issue of LOA having been called upon by notice to do so be bound
to execute an agreement based on accepted rates and conditions, in such form as the railway
may prescribe and lodge the same with the railway together with the condition of contract,
specification and schedule of price referred to therein duly completed.
8. SECURITY DEPOSIT:
(a) Security Deposit for each work shall be 5% (five percent) of the contract value
(b) The rate of recovery shall be at the rate of 10% (ten percent) of the bill amount till
the full security deposit is recovered.
(c) Security Deposit will be recovered only from the running bills of the contract and no
other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be
accepted towards security deposit.
(d) Security Deposit will be returned to the contractor after the physical completion of the
work and Maintenance Period of One Year subject to certification of Railway’s Competent
Authority in this respect as well as on the basis of ‘No Claim’ certificate from the contractor.
9. The tender paper is not transferable.
10. The work must be completed within 180 (one hundred eighty) days from the date of
receipt of letter of acceptance.
11. A deduction of Income Tax @ 2% (two percent) and Surcharge @10% (ten percent)
on Income Tax will be made from the contractor’s bill as per Income Tax Act. Educational
Cess @3% (three percent) on the sum of Income Tax and Surcharge will be deducted from
the contractor’s bill. However, rates of these statutory deductions may vary as per the order
of the appropriate authority from time to time.
12. The work should be executed under supervision of concerned Staff & Welfare
Inspector as nominated by Railway who may be intimated well in advance about the work to
be executed before starting the work.
13. It shall not be obligatory on the Railway Authority to accept the lowest tender and no
tenderer/tenderers shall demand any explanation for the cause of rejection of his/her/their
quotation.
14. Rates must be quoted in figures and in words also in Annexure-I enclosed. The offer
must be kept open for 120 days (one hundred twenty days) from the date of opening of the
tender.
15. All the pages of the tender papers are to be signed by the contractor with rubber
stamp and to be submitted in original accordingly as stated above.
16. LIQUIDATED DAMAGE:
If the contractor fails to execute and complete the work within the time specified in the
agreement or within the period of extension granted by the Railways competent authority on
reasonable ground except in so far as the delay is for the Railway administration, the
contractor shall accept reduction from total amount payable to him by the Railway
Administration at the rate of ½% (half percent) per week or part thereof on the total
contract value subject to a maximum of 10% (ten percent) of first 2 lakhs and 5% (five
percent) of the balance of the total contract value for the actual delay occurred beyond the
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prescribed time by which the work shall have been completed under the contract. Such
reduction shall be accepted by the contractor in full satisfaction on the contractor’s liability
arising from delay only.
17. TERMS OF PAYMENT:
(i) Currency of
Payment
All payments shall be made in Indian Rupees
(ii) Terms of
Payment
The payments in respect of the Services shall be made as follows:
(a) The payment to the Supplier will be made on the basis on
successful Aadhaar generation on a monthly basis, as and
when the same is provided to the Purchaser by the UIDAI.
Responsibility to produce documental evidence confirming
successful AADHAAR number generation by UIDAI on the
basis of data provided by the contractor will solely lie on
the contractor. The contractor will have to produce the
said documental evidence in original alongwith the bills.
(b) All payments under this Contract shall be made to the
accounts of the Supplier.
(c) Bills and Measurement Book against execution portionof
the work will be prepared and signed jointly with the
Contractor by the concerned Staff & Welfare Inspector
duly endorsed by concerned Assistant Registrar (Senior
Divisional Personnel Officer) on account and final bill(s)
and the same should be sent to Chief Personnel Officer,
East Central Railway, Hajipur’s office for passing the same
through FA&CAO, East Central Railway, Hajipur. 10% (ten
percent) retention money so deducted from on account
bills will be paid through Final Bill.
(d) (i) Tenderer should give consent in a mandate form for
receipt of payment through ECS/EFT.
(ii) Tenderer should provide the details of Bank account in time
with RBI guidelines for the same. These details will include
Bank Name, Branch Code, IFSC as appearing on MICR
cheque issue by Bank.
Note: Assessment should be made about work done from the
previous payment period, for which the payment is made
or to be made till the date of the termination. The Supplier
shall provide the details of the services performed
during this period with supporting documents. Based
on such details, the remuneration shall be calculated based
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on the rate as specified.
18. PENALTY ON QUALITY OF DATA:
There should not be failure due to
Wrong/bad Quality
(i) Demographic error at the rate of Rs.
150 (rupees one hundred fifty) only per
such case.
(ii) Biometric errors, process violations,
wrongly enforced biometric exception at
the rate of Rs. 500 (rupees five hundred)
only per such case in addition to criminal
liability against concerned operator
and/or supervisor in case of attempt to
fraud is established.
19. DISQUALIFICATION:
Purchaser may at its sole discretion and at any time during the evaluation of
application, disqualify any applicant, if the applicant:
(i) Submitted the application after the response deadline;
(ii) Made misleading or false representations in the forms, statements and
attachments submitted in proof of the eligibility requirements;
(iii) Exhibited a record of poor performance such as abandoning works, not
properly completing the contractual obligations, inordinately delaying completion or
financial failures, etc. in any project in the preceding three years;
(iv) Submitted an application that is not accompanied by required documentation
or is non-responsive;
(v) Failed to provide clarifications related thereto, when sought;
(vi) Submitted more than one application either as a Single Agency/ Prime Agency/
consortium member;
(vii) Was declared ineligible/blacklisted by the Government of India/State/UT
Government;
(viii) Is in litigation with any Government in India;
(ix) Any agency which was previously engaged with the supplier and has not
agreed to continue shall not be eligible to participate in the bidding process
(x) In cases where the total population to be covered including the current bid
exceeds the Bidder’s limit as mentioned in the Maximum Bid Capacity for the Bidder’s
Financial Capacity ‘TIER’ as described below, the Bidder shall be disqualified from
bidding.
Sl. No. Financial Capacity ‘TIER’ Maximum Bid Capacity
(maximum enrolments in a year)
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1 F1 25 Lakh enrolments
2 F2 50 Lakh enrolments
3 F3 250 Lakh enrolments
4 F4 500 Lakh enrolemnts
20. Rules in vogue regarding Works Contract as per GCC-2014 of Indian Railways
and up-to-date modification thereof will be applicable to this work.
21. Whenever there is a conflict between Special Condition of Contract (SCC) if
any, the provisions herein in SCC shall prevail over those in the General Condition of
Contract (GCC).
22. The contractor shall comply with all statutory provisions as applicable in this
contract.
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Annexure – ‘A’
(To be submitted on the Letter head of the applicant)
To,
Chief Personnel Officer
East Central Railway, Hajipur
Dear Sir,
Ref: Tender Notice No. ECR/CPO/AADHAR/1/2015 dated …………
1. Having examined tender document, I/we, the undersigned, herewith submit
my/our response to your Tender Notification dated ………… for selection of
enrolment agencies, in full conformity with the said tender document. I/We, the
undersigned, offer to provide services to East Central Railway for carrying out the
enrolment functions for the UID Project of Government of India in accordance with
your tender.
2. I/We have read the provisions of the tender document and confirm that these
are acceptable to me/us. Hence, we are hereby submitting our Financial Bid.
3. We agree to abide by this tender document, consisting of this letter, financial
bid and all attachments, for a period of 120 days from the closing date fixed for
submission of bid as stipulated in the tender document.
4. We would like to declare that we are not involved in any litigation with any
Government in India and we are not under a declaration of ineligibility for corrupt or
fraudulent practices.
5. We hereby declare that we have not been blacklisted by any Central/State/ UT
Government.
6. We hereby declare that we have not been charged with any fraudulent
activities by any Central/State/UT Government.
7. We hereby certify that we have taken steps to ensure that no person acting for
us or on our behalf will engage in bribery.
8. We undertake that, in competing for (and, if the award is made to us, in
executing) the above contract, we will strictly observe the laws against fraud and
corruption in force in India namely “Prevention of Corruption Act, 1988”.
9. We understand that the East Central Railway is not bound to accept any bid
received in response to this tender.
10. In case we are engaged by the East Central Railway as the Enrolling Agency,
we shall provide any assistance/cooperation required by East Central Railway. UIDAI
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appointed auditing agencies/UIDAI officials for performing their auditing and
inspection functions. We understand that our non-cooperation for the same shall be
grounds for termination of service.
11. In case we are engaged as the Enrolling Agency, we agree to abide by all the
terms & conditions of the Contract that will be issued by East Central Railway.
12. The financial bid includes the cost of setting up enrolment stations, cost of
providing additional services and performing all functions as per the scope of work
defined in the tender document.
13. Our correspondence details with regard to this tender are:
Sl. No. Information Details
1. Name of the Contact Person
2. Address of the contact person
3. Name, designation and
contact address of the person
to whom all references shall
be made regarding this tender
4. Telephone number of the
contact person
5. Mobile number of the
contact person
6. Fax number of the contact
person
7. Email ID of the contact
person
8 Corporate website URL
We remain,
Yours sincerely,
Authorised signature (in full):
Authorised signature (initials):
Name and Title of the signatory:
Name of the Firm:
Address:
Rubber seal of the firm:
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“Annexure – I”
EAST CENTRAL RAILWAY, HEAD QUARTER
PERSONNEL DEPARTMENT
OPEN TENDER NO.: ECR/CPO/AADHAAR/1/2015
Name of Work: Provision for allotment of AADHAAR Numbers to railway
employees (past & serving) and their family members of East Central Railway
Schedule of Items
Sl.
No.
Description Quantity Unit Rate per
unit in
figure (in
rupees)
Rate per
Unit in
words (in
rupees)
1 Supply of enrolment & KYR+
forms and Undertaking
demographic and biometric
enrolment activities as well as
delivering additional services
for the issuance of one UID
number (AADHAAR) include
all costs like the equipment
costs, manpower costs,
vehicle costs, travel and
lodging cost, taxes and duties
and any other miscellaneous
costs for issue of one UID
number
2,34,807
Number
Note:
1. The submission of tender shall be deemed to have been done after careful
study & examination of all papers including technical specification in Annexure – II as
well as work in site area understanding the implication thereof.
2. Quoted rates shall be inclusive of all type of taxes, duties, carrying costs of all
materials for the work including loading & unloading involved in the concerned
work.
3. The work must be completed within one hundred eighty days (180 days) from
the date of issue of the letter of acceptance.
4. Inspection of all equipments to be used for the purpose of the work shall be
done by the authorised representative of Chief Personnel Officer, East Central
Railway, Hajipur. All the cost of inspection shall be borne by the contractor.
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5. In case of emergency, the competent authority may change the site of work (if
Railway desires so).
6. The work will be done under the supervision of authorised representative of
Chief Personnel Officer, East Central Railway, Hajipur.
7. After completion of work, the authorised representative of Chief Personnel
Officer, Hajipur will certify the quality & quantity of the work.
8. All the necessary accessories for execution of the work shall be supplied by the
contractor. The contractor shall provide total electrical fittings from where source will
be taken.
Signature of the Tenderer
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“Annexure – II”
Biometric Data Capture Standards:
The biometrics are to be collected by the Enrolling Agency based on the standards laid
down by the UIDAI. The recommended standards for the capture of facial image,
finger prints and the iris are as follows:
i. Face Image Capture
Key Decisions Summary of Decisions
Enrolment
Image capture Full frontal, 24 bit colour
Digital / Photographic
requirements
Per ISO 19794-5 Section 7.3, 7.4, 8.3 and 8.4
with Section 8.3 of Technical Corrigendum 2.
Inter-eye distance – minimum 120 pixels.
Pose Per ISO 19794-5 Section 7.2.2
Expression Neutral expression. Specified as best practices.
Illumination Per ISO 19794-5 Section 7.2.7
Eye Glasses Per ISO 19794-5 Section 7.2.11
Accessories Permissible for medical and ethical reasons only.
Multiple samples of face Yes. Recommended for automatic face
recognition.
Operational Per ISO 19794-5 Section 7.2.4 – 7.2.10
Assistance Yes. Specified as best practices.
Segmentation and
feature extraction
Recommended for automatic face recognition
Quality check Yes. Specified as best practice.
Storage and compression Uncompressed image strongly recommended. For
legacy reasons, lossless JPEG 2000 colour
accepted.
Authentication
Image capture Same as enrolment
Compression JPEG 2000 colour compression recommended.
Compression ratio to be less than 10:1
Number of Images One full frontal image
ii. Finger Print Capture
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Key Decisions Summary of Decisions
Enrolment
Image capture
Plain or rolled Plain, live scan
Number of fingers Ten
Device characteristics Setting level 31 or above, EFTS/F certified
Quality check Yes – Specified as best practice. Avoid NFIQ
quality 4 and 5 level fingerprints.
Operational
Assistance Yes – Specified as best practice
Corrective measure Yes – Specified as best practice
Storage and transmission
Compression
Uncompressed image strongly recommended.
For legacy reasons, JPEG 2000 or WSQ
compression accepted.
Storage format Per ISO Section 8.3 No deviation necessary
Minutiae format Per ISO Section 8.3. No deviation necessary
Multi-finger fusion
algorithm
Recommended. Application dependent.
Authentication
Image capture
Number of fingers No minimum, no maximum. Application
dependent. Recommended as best practice
Any finger option Yes. Recommended as best practice
Retry Maximum 5. Recommended as best practice.
Device characteristics Setting level 28 or above
Transmission format Per ISO. No tailoring necessary
Compression JPEG 2000 compression recommended.
Compression ratio to be less than 15:1
Minutiae format Per ISO 19794-2. No tailoring necessary
iii. Iris Capture
Key Decisions Summary of Decisions
Enrolment
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Image Two eyes, > 140 pixel image diameter (170 pixel
preferred), image margin 50% left and right,
25% top and bottom of iris diameter
Device Characteristics
Tethered, autofocus, continuous image capture,
exposure < 33 mille-second, distance >300 mm
for operator control, > 100mm Enrolee control
Operational
Operator controlled strongly preferred. No direct
natural or artificial light reflection in the eye,
capture location: indoor.
Segmentation Non-linear segmentation algorithm
Quality Assessment Per IREX II recommendations
Compression and
Storage
ISO 19794-6 (2010) data format standard as
tailored in Section 11 JPEG 2000 or PNG lossless
compression, KIND_VGA of Table A.1 of ISO
19794-6 (2010)
Authentication Same as enrolment except One and / or two eyes
JPEG 2000
(All these above specifications are bare minimum, any latest specification
suggested/amended by UIDAI should be followed).
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EAST CENTRAL RAILWAY
HEAD QUARTER
Schedule of Items Rebate Form
TENDER NOTICE NO.: ECR/CPO/AADHAAR/1/2015
DATE OF OPENING: ................
NAME OF THE WORK: Provision for allotment of AADHAAR Numbers to all
railway employees (past & serving) and their family members of East Central Railway.
I/We offer a general rebate of __________% (___________________ percent) as
lump sum rebate on all items of all the schedules.
Notes:
1. If any tenderer wishes to give rebate on the rates quoted by him, the same
may be filled up by him in the schedule.
2. It is to be noted that such rebate, if offered, shall apply on rates quoted for all
items in all the schedules of this tender document. Such a rebate shall be totally
unconditional.
3. In case tenderer does not wish to give any rebate, he should write “NIL” in this
schedule.
4. In case nothing has been filled in by tenderer in this schedule, it will be treated
as “NIL” and shall be so recorded in the blanks above at the time of opening of this
tender by the officials opening this tender.
5. If any tenderer gives any type of conditional rebate, such rebate shall not be
considered for evaluation of the tender. However, if his tender is accepted by the
Railway, it will avail the aforesaid rebate.
Signature of the Tenderer
Date:_____________
Witness:
1. Signature: _______________
Name & Address: ___________________________________________
2. Signature: _________________________________
Name & Address: _____________________________________________________
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ELECTRIONIC FUND TRANSFER MANDATE FORM
To,
FA & CAO,
East Central Railway, Hajipur
M/s. ………………………………………………………………………………………
…………………………………………………………………………………………………..
like to opt for the EFT and the information in this regard is submitted below for your
kind perusal.
1. Vendor Code (will be given by Railway): ……………………………………………
2. Vendor Name: ………………………………………………………………………….
3. Vendor Address: ………………………………………………………………………..
…………………………………………………………………………………………………..
4. Vendor Telephone No. & E-mail (if any): ……………………………………………
5. Bank Code: ……………………………………………………………………………...
(Photocopy of MICR Cheque leaf must be attached)
6. Name & Address of Bank and Branch: ……………………………………………….
…………………………………………………………………………………………………..
7. Bank Account No.: ……………………………………………………………………..
8. Bank Account Type (Please tick as applicable): Current/Savings/Cash Credit
9. PAN: ……………………………………………………………………………………
10. VAT Registration No.:…………………………………………………………………..
11. IFS Code (11 Digits to be collected by Bank): ………………………………………..
Signature of the authorized signatory
of the firm with seal
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Non Judicial Stamp Paper of Rs. 100/-
MODEL FORM OF PERFORMANCE BANK GUARANTEE BOND
GUARANTEE BOND
To
The President of India
Acting through: FA&CAO, East Central Railway, Hajipur
1. In consideration of the President of India (hereinafter called “the Government”)
having agreed to exempt __________________________________________ (hereinafter
called “the said contractor(s)” from the demand, under the terms and conditions of
an Acceptance Letter No. _________________________________________________
dated _____________________ made between (Name of Executive) and (Name of
Agency) for (Name of work) (hereinafter called “the said Agreement”), of
Performance Guarantee for the due fulfillment by the said Contractor(s) of the terms
and condition contained in the said Agreement, on production of a irrevocable Bank
Guarantee drawn in favour of “FA&CAO, East Central Railway”, Hajipur for Rupees
________________________ (Rupees __________________________________________)
only. We ________________________________________________ (indicate the name
of Bank with full address) (hereinafter referred to as “the Bank”) at the request of
___________________________________________ contractor(s) do hereby undertake
to pay to the Government an amount not exceeding Rupees
___________________________ against any loss or damage caused to or suffered or
would be caused to or suffered by the Government by reason of any breach by the
said contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We ____________________________________________ do hereby undertake to
pay the amount due and payable under this (indicate the name of bank with full
address) guarantee without any demur, merely on a demanded from the Government
stating that the amount claimed is due by way of loss or damage caused to or would
be caused to or suffered by the Government by reason of breach by the said
contractor(s) of any of the terms or conditions contained in the said Agreement or by
reason of the contractor(s) failure to perform the said Agreement. 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 the Government acting through FA&CAO, East Central
Railway, Hajipur, any money so demand notwithstanding any dispute or disputes
raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any
court or Tribunal relating thereto our liability under this present being absolute and
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unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability
for payment there under and the contractor(s)/supplier(s) shall have no claim against
us for making such payment.
4. We _________________________________________ further agree that the
guarantee herein contained shall remain (indicate the name of bank) in full force and
effect during the period that would be taken for the performance of the said
Agreement and that it shall continue to be enforceable till all the dues of the
Government under or by virtue of the said Agreement have been fully paid and its
claims satisfied or discharged or till Concerned Authority of Ministry of Railways
certifies that the terms and conditions of the said Contract have been fully and
properly carried out by the said contractor and accordingly discharges this guarantee.
Unless a demand of calim unde the guarantee is made on us in writing on or before
the (Date of completion + 3 (three) months thereafter) we shall be discharged from
all liability under this guarantee thereafter.
5. We ___________________________________________ further agree with the
government acting through (indicate the name of bank) FA&CAO, East Central
Railway, Hajipur that the Government 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 contractor(s) from time to time or to postpone for any time or from time
to time any of the powers exercisable by the Government against the said
Contractor(s) and to forbear 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 said Contractor(s) or for any
forbearance act or omission on the part of the Government or any indulgence by the
Government to the said Contractor(s) or any such 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 Contractor(s)/Supplier(s).
7. We _______________________________________ lastly undertake not to revoke
this guarantee during its currency (indicate the name of bank) except with the
previous consent of the Government in writing.
Date the ______________________ day of ______________ 2015
For _____________________________________________________
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Date
(indicate the name of the Bank)
Seal & Stamp
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STANDARD GENERAL CONDITIONS OF CONTRACT
DEFINITIONS AND INTERPRETATION
1. (1) Definition: In these General Conditions of Contract, the following terms
shall have the meaning assigned hereunder except where the context otherwise
requires:
(a) “Railways” shall mean the President of the Republic of India or the Administrative
Officers of the Railway or of the Successor Railway authorized to deal with any
matters which these presents are concerned on his behalf.
(b) “General Manager” shall mean the Officer in-charge of the General
Superintendence and Control of the Railway and shall also include the General
Manager (Construction) and shall mean and include their successors, of the successor
Railway.
(c) “Chief Personnel Officer” shall mean the Officer in-charge of the Personnel
Department of Railway.
(d) “Contractor” shall mean the Person/Firm/Co-operative Society or Company
whether incorporated or not who enters into the contract with the Railway and shall
include their executors, administrators, successors and permitted assigns.
(e) “Contract” shall mean and include the Agreement of Work Order, the accepted
Schedule of Rates or the Schedule or Rates of Railway modified by the tender
percentage for items of works quantified, or not quantified, the General Conditions of
Indian Railways Standard General Conditions of Contract – July 2013 Contract, the
Special Conditions of Contract, if any; the Drawing, the Specifications, the Special
Specifications, if any and Tender Forms, if any.
(f) “Works” shall mean the works to be executed in accordance with the contract.
(g) “Specifications” shall mean the Standard Specifications for Materials & Works of
Railway as specified by Railway under the authority of the Chief Personnel Officer or
as amplified, added to or superseded by Special Specifications, if any.
(h) “Schedule of Rates of Railway” shall mean the Schedule of Rates issued under the
authority of the Chief Personnel Officer from time to time.
(i) “Drawing” shall mean the maps, drawings, plans and tracings or prints thereof
annexed to the contract and shall include any modifications of such drawings and
further drawings as may be issued by the Railway from time to time.
(j) “Constructional Plant” shall mean all appliances or things of whatsoever nature
required for the execution, completion or maintenance of the works or temporary
works (as hereinafter defined) but does not include materials or other things intended
to form or forming part of the permanent work.
(k) “Temporary Works” shall mean all temporary works of every kind required for
the execution completion and/or maintenance of the works.
(l) “Site” shall mean the lands and other places on, under, in or through which the
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works are to be carried out and any other lands or places provided by the Railway
for the purpose of the contract.
(m) “Period of Maintenance” shall mean the specified period of maintenance from the
date of completion of the works, as certified by the Railway.
1.(2) Singular and Plural: Words importing the singular number shall also include the
plural and vice versa where the context requires.
1.(3) Headings and Marginal Headings: The headings and marginal headings in these
general conditions are solely for the purpose of facilitating reference and shall not be
deemed to be part thereof or be taken into consideration in the interpretation or
construction thereof or the contract.
GENERAL OBLIGATIONS
2. (1) Execution Co-Relation And Intent Of Contract Documents: The contract
documents shall be signed in triplicate by the Railway and the Contractor. The
contract documents are complementary and what is called for by anyone shall be as
binding as if called for by all, the intention of the documents is to include all labour
and materials, equipments and transportation necessary for proper execution of work.
Materials or works not covered by or properly inferable from any heading or class of
the specifications shall not be supplied by the Railway to the contractors unless
distinctly specified in the contract documents. Materials or works described in words
which so applied have a well-known technical or trade meaning shall be held to refer
to such recognized standards.
2. (2) If a work is transferred from the jurisdiction of one Railway to another Railway
or to a Project authority or vice versa while contract is in subsistence, the contract
shall be binding on the Contractor and the Successor Railway/Project in the same
manner & take effect in all respects as if the Contractor and the Successor Railway/
Project were parties thereto from the inception and the corresponding officer or the
Competent Authority in the Successor Railway/Project will exercise the same powers
and enjoy the same authority as conferred to the Predecessor Railway/Project under
the original contract/agreement entered into.
2. (3) If for administrative or other reasons the contract is transferred to the Successor
Railway, the contract shall, notwithstanding any things contained herein contrary
thereto, be binding on the Contractor and the Successor Railway in the same manner
and take effect in all respects as if the Contractor and the Successor Railway had been
parties thereto from the date of this contract.
3. (1) Law Governing the Contract: The contract shall be governed by the law for the
time being in force in the Republic of India.
3. (2) Compliance to Regulations and Bye-Laws: The Contractor shall conform to the
provision of any statute relating to the works and regulations and bye-laws of any
local authority and of any water and lighting companies or undertakings, with whose
system the work is proposed to be connected and shall before making any variation
from the drawings or the specifications that may be necessitated by so confirming give
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to the Engineer notice specifying the variation proposed to be made and the reason
for making the variation and shall not carry out such variation until he has received
instructions from the Engineer in respect thereof. The Contractor shall be bound to
give all notices required by statute, regulations or bye-laws as aforesaid and to pay all
fees and taxes payable to any authority in respect thereof.
4. Communications to be in Writing: All notices, communications, reference and
complaints made by the Railway or the Railway’s Representative or the Contractor
interse concerning the works shall be in writing and no notice, communication,
reference or complaint not in writing shall be recognized.
5. Service of Notices on Contractors: The Contractor shall furnish to the Railway the
name, designation and address of his authorized agent and all complaints, notices,
communications and references shall be deemed to have been duly given to the
Contractor, if delivered to the Contractor or his authorized agent or left at or posted
to the address so given and shall be deemed to have been so given in the case of
posting on day on which they would have reached such address in the ordinary
course of post or on the day on which they were so delivered or left. In the case of
contract by partners, any change in the constitution of the firm shall be forthwith
notified by the Contractor to the Railway.
6. Occupation and Use of Land: No land belonging to or in the possession of the
Railway shall be occupied by the Contractor without the permission of the Railway.
The Contractor shall not use, or allow to be used, the site for any purposes other than
that of executing the works. Whenever non-railway bodies/persons are permitted to
use railway premises with competent authority’s approval, conservancy charges as
applicable from time to time may be levied.
7. Assignment or Subletting of Contractor: The Contractor shall not assign or sublet
the contract or any part thereof or allow any person to become interested therein any
manner whatsoever without the special permission in writing of the Railway. Any
breach of this condition shall entitle the Railway to rescind the contract under Clause
62 of the Indian Railways Standard General Conditions of Contract and also render
the contractor liable for payment to the Railway in respect of any loss or damage
arising or ensuing from such cancellation. Provided always that execution of the
details of the work by petty contractor under the direct and personal supervision of
the Contractor or his agent shall not be deemed to be sub-letting under this clause.
The permitted subletting of work by the Contractor shall not establish any contractual
relationship between the sub-contractor and the Railway and shall not relieve the
Contractor of any responsibility under the Contract.
8. Railway Passes: No free Railway passes shall be issued by the Railway to the
Contractor or any of his employee/worker.
9. Representation on Works: The Contractor shall, when he is not personally present
on the site of the works place and keep a responsible agent at the works during
working hours who shall on receiving reasonable notice, present himself to the
Railway and orders given by the Railway to the agent shall be deemed to have the
same force as if they had been given to the Contractor. Before absenting himself, the
Contractor shall furnish the name and address of his agent for the purpose of this
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clause and failure on the part of the Contractor to comply with this provision at any
time will entitle the Railway to rescind the contract under Clause 62 of the Indian
Railways Standard General Conditions of Contract.
10. Force Majeure Clause: If at any time, during the continuance of this contract, the
performance in whole or in part by either party of any obligation under this contract
shall be prevented or delayed by reason of any war, hostility, acts of public enemy,
civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics,
strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of
the happening of any such event is given by either party to the other within 30 days
from the date of occurrence thereof, neither party shall by reason of such event, be
entitled to terminate this contract nor shall either party have any claim for damages
against the other in respect of such non-performance of delay in performance, and
works under the contract shall be resumed as soon as practicable after such event has
come to an end or ceased to exist, and the decision of the Engineer as to whether the
works have been so resumed or not shall be final and conclusive, PROVIDED
FURTHER that if the performance in whole or in part of any obligation under this
contract is prevented or delayed by reason of any such event for a period exceeding
120 days, either party may at its option terminate the contract by giving notice to the
other party.
10-A Subject to any requirement in the contract as to completion of any portions or
portions of the works before completion of the whole, the contractor shall fully and
finally complete the whole of the works comprised in the contract (with such
modifications as may be directed under conditions of this contract) by the date
entered in the contract or extended date in terms of the following clauses:
(i) If any modifications have been ordered which in the opinion of the Railway have
materially increased the magnitude of the work, then such extension of the contracted
date of completion may be granted as shall appear to the Railway to be reasonable in
the circumstances, provided moreover that the Contractor shall be responsible for
requesting such extension of the date as may be considered necessary as soon as the
cause thereof shall arise and in any case not less than one month before the expiry of
the date fixed for completion of the works.
(ii) If in the opinion of the Railway, the progress of work has any time been delayed
by any act or neglect of Railway’s employees or by other contractor employed by the
Railway or in executing the work not forming part of the contract but on which
contractor’s performance necessarily depends or by reason of proceeding taken or
threatened by or dispute with adjoining or to neighbouring owners or public
authority arising otherwise through the Contractor’s own default etc. or by the delay
authorized by the Engineer pending arbitration or in consequences of the contractor
not having received in due time necessary instructions from the Railway for which he
shall have specially applied in writing to the Railway then upon happening of any
such event causing delay, the Contractor shall immediately give notice thereof in
writing to the Railway within 15 days of such happening, but shall nevertheless make
constantly his best endeavours to bring down or make good the delay and shall do all
that may be reasonably required of him to the satisfaction of the Engineer to proceed
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with the works. The contractor may also indicate the period for which the work is
likely to be delayed and shall be bound to ask for necessary extension of time. The
Railway on receipt of such request from the contractor shall conider the same and
shall grant such extension of time as in his opinion is reasonable having regard to the
nature and period of delay and the type and quantum of work affected thereby. No
other compensation shall be payable for works so carried forward to the extended
period of time, the same rates, terms and conditions of contract being applicable as if
such extended period of time was originally provided in the original contract itself.
(iii) In the event of any failure or delay by the Railway to hand over the Contractor
possession of the lands necessary for the execution of the works or to give the
necessary notice to commence the works or to provide the necessary drawings or
instructions or any other delay caused by the Railway due to any other cause
whatsoever, then such failure or delay shall in no way affect or vitiate the contract or
alter the character thereof or entitle the contractor to damages or compensation
therefor, but in any such case, the Railway may grant such extension or extensions of
the completion date as may be considered reasonable.
10-B Extension of Time for Delay due to Contractor: The time for the execution of
the work or part of the works specified in the contract documents shall be deemed to
be essence of the contract and the works must be completed not later than the date(s)
as specified in the contract. If the contractor fails to complete the works within the
time as specified in the contract for the reasons other than the reasons specified in
Clause 10 and 10-A, the Railway may, if satisfied that the works can be completed by
the contractor within reasonable short time thereafter, allow the contractor for
further extension of time (Performa Annexure-VII) as Railway may decide. On such
extension the Railway will be entitled without prejudice to any other right and
remedy available on that behalf, to recover from the contractor as agreed damages
and not by way of penalty a sum equivalent to ½ to 1% of the contract value of the
works for each week or part of the week. For the purpose of this Clause, the contract
value of the works shall be taken as value of work as per contract agreement
including any supplementary work order/contract agreement issued. Provided also,
that the total amount of liquidated damages under this condition, shall not exceed the
under noted percentage value or of the total value of the item or groups of items of
work for which a separate distinct completion period is specified in the contract.
(i) For contract value upto Rs. 2 lakh – 10% of total value of the contract
(ii) For contracts valued above Rs. 2 lakh – 10% of first Rs. 2 lakh and 5% of balance.
Further, competent authority while granting extension to the currency of contract
under Clause 10-B of GCC may also consider levy of token penalty, as deemed fit
based on the merit of the case. Provided further, that if the Railway is not satisfied
that the works can be completed by the Contractor and in the event of failure on the
part of the contractor to complete the work within further extension of time allowed
as aforesaid, the Railway shall be entitled without prejudice to any other right or
remedy available in that behalf, to appropriate the contractor’s Security Deposit and
rescind the contract under Clause 62 of the Indian Railways Standard General
Conditions of Contract, whether or not actual damage is caused by such default.
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11. (1) Illegal Gratification: Any bribe, commission, gift or advantage given, promised
or offered by or on behalf to the Contractor or his partner, agent or servant or,
anyone on his behalf, to any officer or employee of the Railway, or to any person on
his behalf in relation to obtaining or execution of this or any other contract with the
Railway shall, in addition to any criminal liability which he may incur, subject
contractor to the rescission of the contract and all other contracts with the Railway
and to the payment of any loss or damage resulting from such decision and the
Railway shall be entitled to deduct the amounts so payable from any moneys due to
the Contractor(s) under this contract or any other contracts with the Railway.
11.(2) The Contractor shall not lend or borrow from or have or enter into any
monitory dealings or transactions either directly or indirectly with any employee of
the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind
the contract and all other contracts with the Railway. Any question or dispute as to
the commission or any such offence or compensation payable to the railway under
this Clause shall settled by the General Manager of the Railway, in such a manner as
he shall consider fit & sufficient and his decision shall be final & conclusive. In the
event of rescission of the contract under this Clause, the Contractor will not be paid
any compensation whatsoever except payments for the work done up to the date of
rescission.
EXECUTION OF WORKS
12. (1) Contractor’s Understanding: It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the progress of the works, the general and local conditions,
the labour conditions prevailing therein and all other matters which can in any way
affect the works under the contract.
12. (2) Commencement of Works: The Contractor shall commence the works within
15 days after the receipt by him of an order in writing to this effect from the Railway
and shall proceed with the same with due expedition and without delay.
13. Instruction of Railway’s Representative: Any instructions or approval given by the
Railway’s representative to Contractor in connection with the works shall bind the
Contractor as though it had been given by the Railway provided always as follows:
(a) Failure of the Railway’s representative to disapprove any work or materials shall
not prejudice the power of the Railway Administration thereafter to disapprove such
work or material and to order the removal or breaking up thereof.
(b) If the Contractor shall be dissatisfied by reason of any decision of the Railway’s
representative, he shall be entitled to refer the matter to the Railway who shall there
upon confirm or vary such decision.
14. Adherence to Specifications and Drawings: The whole of the works shall be
executed in perfect conformity with the specifications and drawings of the contract. If
Contractor performs any works in a manner contrary to the specifications or drawings
or any of them and without such reference to the Railway, he shall bear all the costs
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arising or ensuing there from and shall be responsible for all loss to the Railway.
15. Working During Night: The Contractor shall not carry out any work between
sunset and sun-rise without the previous permission of the Railway.
16. Damage to Railway Property or Private Life and Property: The Contractor shall be
responsible for all risk to the work and for trespass and shall make good at his own
expense all loss or damage whether to the works themselves or to any other property
of the Railway or the lives, persons or property of others from whatsoever cause in
connection with the works until they are taken over by the Railway and this although
all reasonable and proper precautions may have been taken by the Contractor, and in
case the Railway shall be called upon to make good any costs, loss or damages, or to
pay any compensation, including that payable under the provisions of the Workmen’s
Compensation Act or any statutory amendments thereof to any person or persons
sustaining damages as aforesaid by reason of any act, or any negligence or omissions
on the part of the Contractor, the amount of any costs or charges including costs and
charges in connection with legal proceedings, which the Railway may incur in
reference thereto, shall be charged to the Contractor. The Railway shall have the
power and right to pay or to defend or compromise any claim of threatened legal
proceedings or in anticipation of legal proceedings being instituted consequent on the
action or default of the Contractor, to take such steps as may be considered necessary
or desirable to ward off or mitigate the effect of such proceedings, charging to
Contractor, as aforesaid, any sum or sums of money which may be paid and any
expenses whether for reinstatement or otherwise which may be incurred and the
propriety of any such payment, defence or compromise, and the incurring of any such
expenses shall not be called in question by the Contractor.
17. Deployment of Qualified Manpower at Work Sites by the Contractor: The
contractor shall also employ Qualified Manpower, based on value of contract, as may
be prescribed by the Ministry of Railways through separate instructions from time to
time.
18. Workmanship and Testing: The whole of the work and/or supply of materials
specified and provided in the contract or that may be necessary to be done in order
to form and complete any part thereof shall be executed in the best and most
substantial workman like manner with materials of the best and most approved
quality of their respective kinds, agreeable to the particulars contained in or implied
by the specifications and as referred to in and represented by the drawings or in such
other additional particulars, instructions and drawings may be found requisite to be
given during the carrying on of the works and to the entire satisfaction of the Railway
according to the instructions and directions which the Contractors may from time to
time receive from the Railway. The materials may be subjected to tests by means of
such machines, instruments and appliances as the railway may direct and wholly at
the expense of the Contractor.
19. Facilities for Inspection: The Contractor shall afford the Railway’s Representative
every facility for entering in and upon every portion of the work at all hours for the
purpose of inspection or otherwise and shall provide all labour, materials, planks,
ladders, pumps, appliances and things of every kind required for the purpose and
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Railway’s Representative shall at all times have free access to every part of the works
and to all places at which materials for the works are stored or being prepared.
20. Tools, Plant and Materials Supplied by Railway: The Contractor shall take all
reasonable care of all tools, plant and materials or other property whether of a like
description or not belonging to the Railway and committed to his charge for the
purpose of the works and shall be responsible for all damage or loss caused by him,
his agents, permitted subcontractor, or his workmen or others while they are in his
charge. The Contractors shall sign accountable receipts for tools, plants and materials
made over to him by the Railway and on completion of the works shall hand over
the unused balance of the same to the Railway in good order and repair, fair wear
and tear excepted, and shall be responsible for any failure to account for the same or
any damage done thereto.
21. Precaution during Progress of Works: During the execution of works, unless
otherwise specified, the Contractor shall at his own cost provide the materials for and
execute all shoring, timbering and strutting works as is necessary for the stability and
safety of all structures, excavations and works and shall ensure that no damage, injury
or loss is caused or likely to be caused to any person or property.
22. Suspension of Works: The Contractor shall on the order of the Railway, suspend
the progress of the works or any part thereof for such time or times and in such
manner as the Railway may consider necessary and shall during such suspension
properly protect and secure the work so far as is necessary in the opinion of the
Railway. If such suspension is:
(a) Provided for in the contract, or
(b) Necessary for the proper execution of the works or by the reason of weather
conditions or by some default on the part of the Contractor, and or
(c) Necessary for the safety of the works or any part thereof.
23. Handing Over of Works: The Contractor shall be bound to hand over the works
executed under the contract to the Railway complete in all respects to the satisfaction
of the Engineer. The Railway shall determine the date on which the work is
considered to have been completed, in support of which his certificate shall be
regarded as sufficient evidence for all purposes. The Railway shall determine from
time to time, the date on which any particular section of the work shall have been
completed, and the contractor shall be bound to observe any such determination of
the Railway.
24. Clearance Of Site On Completion: On completion of the works, the Contractor
shall clear away and remove from the site all constructional plant, surplus materials,
rubbish and temporary works of every kind and leave the whole of the site and
works clean and in a workman like condition to the satisfaction of the Railway. No
final payment in settlement of the accounts for the works shall be paid, held to be
due or shall be made to the Contractor till, in addition to any other condition
necessary for final payment, site clearance shall have been affected by him, and such
clearance may be made by the Railway at the expense of the Contractor in the event
of his failure to comply with this provision within 7 days after receiving notice to that
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effect. Should it become necessary for the Railway to have the site cleared at the
expenses of the Contractor, the Railway shall not be held liable for any loss or
damage to such of the Contractor’s property as may be on the site and due to such
removal there from which removal may be affected by means of public sales of such
materials and property or in such a way as deemed fit and convenient to the Railway.
VARIATIONS IN EXTENT OF CONTRACT
25.(1) Modification To Contract To Be In Writing: In the event of any of the
provisions of the contract requiring to be modified after the contract documents have
been signed, the modifications shall be made in writing and signed by the Railway
and the Contractor and no work shall proceed under such modifications until this has
been done. Any verbal or written arrangement abandoning, modifying, extending,
reducing or supplementing the contract or any of the terms thereof shall be deemed
conditional and shall not be binding on the Railway unless and until the same is
incorporated in a formal instrument and signed by the Railway and the Contractor,
and till then the Railway shall have the right to repudiate such arrangements.
25. (2) Variations In Quantities During Execution Of Works Contracts: The procedure
detailed below shall be adopted for dealing with variations in quantities during
execution of works contracts:
1. Individual NS items in contracts shall be operated with variation of plus or minus
25% and payment would be made as per the agreement rate. For this, no finance
concurrence would be required.
2. In case an increase in quantity of an individual item by more than 25% of the
agreement quantity is considered unavoidable, the same shall be got executed by
floating a fresh tender. If floating a fresh tender for operating that item is considered
not practicable, quantity of that item may be operated in excess of 125% of the
agreement quantity subject to the following conditions:
(a) Operation of an item by more than 125% of the agreement quantity needs the
approval of an officer of the rank not less than S.A. Grade;
(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity
of the concerned item, shall be paid at 98% of the rate awarded for that item in that
particular tender;
(ii) Quantities operated in excess of 140% but up to 150% of the agreement quantity
of the concerned item shall be paid at 96% of the rate awarded for that item in that
particular tender;
(iii) Variation in quantities of individual items beyond 150% will be prohibited and
would be permitted only in exceptional unavoidable circumstances with the
concurrence of associate finance and shall be paid at 96% of the rate awarded for
that item in that particular tender.
(b) The variation in quantities as per the above formula will apply only to the
Individual items of the contract and not on the overall contract value.
(c) Execution of quantities beyond 150% of the overall agreemental value should not
be permitted and, if found necessary, should be only through fresh tenders or by
negotiating with existing contractor, with prior personal concurrence of
FA&CAO/FA&CAO(C) and approval of General Manager.
3. In cases where decrease is involved during execution of contract:
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(a) The contract signing authority can decrease the items up to 25% of individual item
without finance concurrence.
(b) For decrease beyond 25% for individual items or 25% of contract agreement
value, the approval of an officer not less than rank of S.A. Grade may be taken, after
obtaining 'No Claim Certificate' from the contractor and with finance concurrence,
giving detailed reasons for each such decrease in the quantities.
(c) It should be certified that the work proposed to be reduced will not be required in
the same work.
4. The limit for varying quantities for minor value items shall be 100% (as against
25% prescribed for other items). A minor value item for this purpose is defined as an
item whose original agreement value is less than 1 % of the total original agreement
value.
5. No such quantity variation limit shall apply for foundation items.
6. As far as SOR items are concerned, the limit of 25% would apply to the value of
SOR schedule as a whole and not on individual SOR items. However, in case of NS
items, the limit of 25% would apply on the individual items irrespective of the
manner of quoting the rate (single percentage rate or individual item rate).
7. For the tenders accepted at Zonal Railways level, variations in the quantities will be
approved by the authority in whose powers revised value of the agreement lies.
8. For tenders accepted by General Manager, variations up to 125% of the original
agreement value may be accepted by General Manager.
9. For tenders accepted by Board Members and Railway Ministers, variations up to
110% of the original agreement value may be accepted by General Manager.
10. The aspect of vitiation of tender with respect to variation in quantities should be
checked and avoided. In case of vitiation of the tender (both for increase as well as
decrease of value of contract agreement), sanction of the competent authority as per
single tender should be obtained.
{Authority: (1) Item-9 to Railway Board's letter no. 2007/CE-IICT/18, Dated 28.09.07
and (2) Item-2 to Railway Board’s letter no. 2007/CE.IICT/18/Pt.XII, Dated 31.12.10}
CLAIMS
26. (1) Monthly Statement of Claims: The Contractor shall prepare and furnish to the
Railway once in every month an account giving full and detailed particulars of all
claims for any additional expenses to which the Contractor may consider himself
entitled to and of all extra or additional works ordered by the Railway which he has
executed during the preceding month and no claim for payment for and such work
will be considered which has not been included in such particulars.
26. (2) Signing of "No Claim" Certificate: The Contractor shall not be entitled to make
any claim whatsoever against the Railway under or by virtue of or arising out of this
contract, nor shall the Railway entertain or consider any such claim, if made by the
Contractor, after he shall have signed a "No Claim" Certificate in favour of the
Railway in such form as shall be required by the Railway after the works are finally
measured up. The Contactor shall be debarred from disputing the correctness of the
items covered by "No Claim" Certificate or demanding a clearance to arbitration in
respect thereof.
MEASUREMENTS, CERTIFICATES AND PAYMENTS
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27. Quantities In Schedule Annexed To Contract: The quantities set out in the
accepted Schedule of Rates with items of works quantified are the estimated quantities
of the works and they shall not be taken as the actual and correct quantities of the
work to be executed by the Contractor in fulfillment of his obligations under the
contract.
28. Measurement of Works: The Contractor shall be paid for the works at the rates in
the accepted Schedule of Rates and for extra works at rates determined under Clause
39 of these Conditions on the measurements taken by the Railway's representative in
accordance with the rules prescribed for the purpose by the Railway. The quantities
for items the unit of which in the accepted Schedule of Rates is 100 or 1000 shall be
calculated to the nearest whole number, any fraction below half being dropped and
half and above being taken as one; for items the unit of which in the accepted
Schedule of Rates is single, the quantities shall be calculated to two places of decimals.
Such measurements will be taken of the work in progress from time to time and at
such intervals as in the opinion of the Railway shall be proper having regard to the
progress of works. The date and time on which ‘on account’ or ‘final’ measurements
are to be made shall be communicated to the Contractor who shall be present at the
site and shall sign the results of the measurements (which shall also be signed by the
Railway's representative) recorded in the official measurements book as an
acknowledgement of his acceptance of the accuracy of the measurements. Failing the
Contractor's attendance, the work may be measured up in his absence and such
measurements shall, notwithstanding such absence, be binding upon the Contractor
whether or not he shall have signed the measurement books provided always that
any objection made by him to measurement shall be duly investigated and considered
in the manner set out below:
(a) It shall be open to the Contractor to take specific objection to any recorded
measurements or Classification on any ground within seven days of the date of such
measurements. Any re-measurement taken by the Railway's representative in the
presence of the Contractor or in his absence after due notice has been given to him in
consequence of objection made by the Contractor shall be final and binding on the
Contractor and no claim whatsoever shall thereafter be entertained regarding the
accuracy and classification of the measurements.
(b) If an objection raised by the Contractor is found by the Railway to be incorrect
the Contractor shall be liable to pay the actual expenses incurred in measurements.
29.(1) "On-Account " Payments: The Contractor shall be entitled to be paid from time
to time by way of "On-Account" payment only for such works as in the opinion of the
Railway he has executed in terms of the contract. All payments due on the Railway's
Representative's certificates of measurements shall be subject to any deductions which
may be made under these presents and shall further be subject to, unless otherwise
required by Clause 16 of these Conditions, a retention of ten percent by way of
Security Deposits, until the amount of Security Deposit by way of retained earnest
money and such retentions shall amount to 10% of the total value of the contract
provided always that the Railway may by any certificate make any correction or
modification in any previous certificate which shall have been issued by him and that
the Railway may withhold any certificate, if the works or any part thereof are not
being carried out to his satisfaction.
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29. (2) Rounding Off Amounts: The total amount due on each certificate shall be
rounded off to the nearest rupee, i.e. sum less than 50 paise shall be omitted and
sums of 50 paise and more up to Rs.1 will be reckoned as Rs. 1.
29. (3) On Account Payments Not Prejudicial To Final Settlement : "On-Account"
payments made to the Contractor shall be without prejudice to the final making up of
the accounts (except where measurements are specifically noted in the Measurement
Book as "Final Measurements" and as such have been signed by the Contractor) and
shall in no respect be considered or used as evidence of any facts stated in or to be
inferred from such accounts nor of any particular quantity of work having been
executed nor of the manner of its execution being satisfactory.
30. Price Variation clause is not applicable to this instant Contract.
31. Maintenance of Works: The Contractor shall at all times during the progress and
continuance of the works and also for the period of maintenance specified in the
Tender Form after the date of passing of the certificate of completion by the Engineer
or any other earlier date subsequent to the completion of the works that may be fixed
by the Engineer be responsible for and effectively maintain and uphold in good
substantial, sound and perfect condition all and every part of the works and shall
make good from time to time and at all times as often as the Engineer shall require,
any damage or defect that may during the above period arise in or be discovered or
be in any way connected with the works, provided that such damage or defect is not
directly caused by errors in the contract documents, act of providence or insurrection
or civil riot, and the Contractor shall be liable for and shall pay and make good to the
Railway or other persons legally entitled thereto whenever required by the Engineer
so to do, all losses, damages, costs and expenses they or any of them may incur or be
put or be liable to by reasons or in consequence of the operations of the Contractor
or of his failure in any respect.
32. (1) Certificate of Completion of Works: As soon as in the opinion of the Railway,
the work has been completed and has satisfactorily passed any final test or tests that
may be prescribed, the Railway shall issue a certificate of completion duly indicating
the date of completion in respect of the work and the period of maintenance of the
work shall commence from the date of completion mentioned in such certificate. The
Railway may also issue such a certificate indicating date of completion with respect to
any part of the work (before the completion of the whole of work), which has been
both completed to the satisfaction of the Railway and occupied or used by the
Railway. When any such certificate is given in respect of part of a work, such part
shall be considered as completed and the period of maintenance of such part shall
commence from the date of completion mentioned in the completion certificate
issued for that part of the work.
{Authority: Railway Board’s letter no.2010/CE-I/CT/11, Dated 11.06.2010}
32. (2) Contractor not absolved by Completion Certificate: The Certificate of
Completion in respect of the works referred to in Sub-Clause (1) of this Clause shall
not absolve the Contractor from his liability to make good any defects imperfections,
shrinkages or faults which may appear during the period of maintenance specified in
the tender arising in the opinion of the Railway from materials or workmanship not
in accordance with the drawings or specifications or instruction of the Railway, which
defects, imperfections, shrinkages or faults shall upon the direction in writing of the
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Railway be amended and made good by the Contractor at his own cost; and in case
of default on the part of Contractor, the Railway may employ labour and materials or
appoint another Contractor to amend and make good such defects, imperfections,
shrinkages and faults and all expenses consequent thereon and incidental thereto shall
be borne by the Contractor and shall be recoverable from any moneys due to him
under the contract.
33. (1) Final Payment: On the Railway's certificate of completion in respect of the
works, adjustment shall be made and the balance of account based on the Railway’s
certified measurements of the total quantity of work executed by the Contractor up
to the date of completion and on the accepted schedule or rates shall be paid to the
Contractor subject always to any deduction which may be made under these presents
and further subject to the Contractor having delivered to the Railway either a full
account in detail of all claims he may have on the Railway in respect of the works or
having delivered "No Claim Certificate” and the Railway having after the receipt of
such account given a certificate in writing that such claims are correct, that the whole
of the works to be done under the provisions of the Contracts have been completed,
that they have been inspected by him since their completion and found to be in good
and substantial order, that all properties, works and things, removed, disturbed or
injured in consequence of the works have been properly replaced and made good
and all expenses and demands incurred by or made upon the Railway for or in the
respect of damage or loss by from or in consequence of the works, have been satisfied
agreeably and in conformity with the contract.
33. (2) Post Payment Audit: It is an agreed term of contract that the Railway reserves
to itself the right to carry out a post-payment audit and or technical examination of
the works and the final bill including all supporting vouchers, abstracts etc. and to
make a claim on the contractor for the refund any excess amount paid to him, if as a
result of such examination any over-payment to him is discovered to have been made
in respect of any works done or alleged to have been done by him under the
contract.
34. Withholding And Lien In Respect Of Sums Claimed: Whenever any claim or
claims for payment of a sum of money arises out of or under the contract against the
contractor, the Railway shall be entitled to withhold and also have a lien to retain
such sum or sums in whole or in part from the security, if any, deposited by the
contractor and for the purpose aforesaid, the Railway shall be entitled to withhold
the said cash Security Deposit or the Security if any, furnished as the case may be and
also have a lien over the same pending finalization or adjudication of any such claim.
In the event of the security being insufficient to cover the claimed amount or amounts
or if no security has been taken from the contractor, the Railway shall be entitled to
withhold and have a lien to the extent of the such claimed amount or amounts
referred to supra, from any sum or sums found payable or which at any time
thereafter may become payable to the contractor under the same contract or any
other contract with this or any other Railway or any Department of the Central
Government pending finalization or adjudication of any such claim. It is an agreed
term of the contract that the sum of money or moneys so withheld or retained under
the lien referred to above, by the Railway will be kept withheld or retained as such
by the Railways till the claim arising out of or under the contract is determined by the
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arbitrator (if the contract governed by the Arbitration Clause) or by the competent
court as the case may be and that the contractor will have no claim for interest or
damages whatsoever on any account in respect of such withholding or retention
under the lien referred to supra and duly notified as such to the contractor. For the
purpose of this clause, where the contractor is a partnership firm or a limited
company, the Railway shall be entitled to withhold and also have a lien to retain
towards such claimed amount or amounts in whole or in part from any sum found
payable to any partner / limited company, as the case may be whether in his
individual capacity or otherwise.
34-A Lien In Respect Of Claims in Other Contracts:
(i) Any sum of money due and payable to the contractor (including the Security
Deposit returnable to him) under the contract may be withheld or retained by way of
lien by the Railway, against any claim of this or any other Railway or any other
Department of the Central Government in respect of payment of a sum of money
arising out of or under any other contract made by the contractor with this or any
other Department of the Central Government.
(ii) However, recovery of claims of Railway in regard to terminated contracts may be
made from the Final Bills, Security Deposits and Performance Guarantees of other
contract or contracts, executed by the contractor. The Performance Guarantees
submitted by the Contractor against other contracts, if required, may be withheld and
en-cashed. In addition, 10% of each subsequent ‘on-account bill’ may be withheld, if
required, for recovery of Railway’s dues against the terminated contract.
{Authority: Railway Board’s letter no. 2010/CE-I(Spl.)/CT/41, Dated 25.04.2011}
(iii) It is an agreed term of the contract that the sum of money so withheld or retained
under this Clause by the Railway will be kept withheld or retained as such by the
Railway till the claim arising out of or under any other contract is either mutually
settled or determined by arbitration, if the other contract is governed by Arbitration
Clause or by the competent court as the case may be and contractor shall have no
claim for interest or damages whatsoever on this account or on any other ground in
respect of any sum of money withheld or retained under this Clause and duly notified
as such to the contractor.
LABOUR
35. Wages to Labour: The Contractor shall be responsible to ensure compliance with
the provision of the Minimum Wages Act, 1948 (hereinafter referred to as the “said
Act” and the Rules made there under in respect of any employees directly or through
petty contractors or subcontractors employed by him on road construction or in
building operations or in stone breaking or stone crushing for the purpose of carrying
out this contract. If, in compliance with the terms of the contract, the Contractor
supplied any labour to be used wholly or partly under the direct orders and control
of the Railways whether in connection with any work being executed by the
Contractor or otherwise for the purpose of Railway such labour shall, for the purpose
of this Clause, still be deemed to be persons employed by the Contractor. If any
moneys shall, as a result of any claim or application made under the said Act be
directed to be paid by the Railway, such money shall be deemed to be moneys
payable to the Railway by the Contractor and on failure by the Contractor to repay
the Railway any moneys paid by it as aforesaid within seven days after the same shall
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have been demanded, the Railways shall be entitled to recover the same from any
moneys due or accruing to the contractor under this or any other Contract with the
Railways.
35-A. Apprentices Act: The Contractor shall be responsible to ensure compliance with
the provisions of the Apprentices Act, 1961 and the Rules and Orders issued there
under from time to time in respect of apprentices directly or through petty
contractors or subcontractors employed by him for the purpose of carrying out the
Contract. If the contractor directly or through petty contractors or sub-contractors
fails to do so, his failure will be a breach of the contract and the Railway may, in its
discretion, rescind the contract. The contractor shall also be liable for any pecuniary
liability arising on account of any violation of the provisions of the Act.
Note: The contractors are required to engage apprentices when the works undertaken
by them last for a period of one year or more and/or the cost of works is rupees one
lakh or more.
36. Provisions of Payments of Wages Act: The Contractor shall comply with the
provisions of the Payment of Wages Act, 1936 and the rules made there under in
respect of all employees directly or through petty contractors or sub-contractors
employed by him in the works. If in compliance with the terms of the contract, the
Contractor directly or through petty contractors or sub-contractors shall supply any
labour to be used wholly or partly under the direct orders and control of the Railway
whether in connection with the works to be executed hereunder or otherwise for the
purpose of the Railway, such labour shall never the less be deemed to comprise
persons employed by the contractor and any moneys which may be ordered to be
paid by the Railway shall be deemed to be moneys payable by the Engineer on behalf
of the Contractor and the Railway may on failure of the Contractor to repay such
money to the Railways deduct the same from any moneys due to the Contractor in
terms of the contract. The Railway shall be entitled to deduct from any moneys due
to the contractor (whether under this contract or any other contract) all moneys paid
or payable by the Railway by way of compensation of aforesaid or for costs of
expenses in connection with any claim thereto and the decision of the Engineer upon
any question arising out of the effect or force of this Clause shall be final and binding
upon the Contractor.
37. Provisions Of Contract Labour (Regulation And Abolition) Act, 1970:
The Contractor shall comply with the provision of the contract labour (Regulation
and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central
Rules 1971 as modified from time to time, wherever applicable and shall also
indemnify the Railway from and against any claims under the aforesaid Act and the
Rules.
38. Railway Not To Provide Quarters for Contractors: No quarters shall normally be
provided by the Railway for the accommodation of the Contractor or any of his staff
employed on the work. In exceptional cases where accommodation is provided to
the Contractor at the Railway's discretion, recoveries shall be made at such rates as
may be fixed by the Railway for the full rent of the buildings and equipments therein
as well as charges for electric current, water supply and conservancy.
39. Treatment Of Contractor's Staff In Railway Hospitals: The Contractor and his
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staff and their families requiring medical aid from the Railway Hospital and
dispensaries where no other Hospitals or dispensaries are available will be treated as
private patients and charged accordingly.
40. Non-Employment of Labourers below the Age of 15: The Contractor shall not
employ children below the age of 15 as labourers directly or through petty
contractors or subcontractors for the execution of work.
DETERMINATION OF CONTRACT
41. (1) Right of Railway to Determine the Contract: The Railway shall be entitled to
determine and terminate the contract at any time should, in the Railway's opinion,
the cessation of work becomes necessary owing to paucity of funds or from any other
cause whatever, in which case the value of approved materials at site and of work
done to date by the Contractor will be paid for in full at the rate specified in the
contract. Notice in writing from the Railway of such determination and the reasons
therefor shall be conclusive evidence thereof.
41. (2) Payment on Determination of Contract: Should the contract be determined
under sub clause (1) of this clause and the Contractor claims payment for expenditure
incurred by him in the expectation of completing the whole of the work, the Railways
shall admit and consider such claims as are deemed reasonable and are supported by
vouchers to the satisfaction of the Railway. The Railway's decision on the necessity
and propriety of such expenditure shall be final and conclusive.
41. (3) The Contractor shall have no claim to any payment of compensation or
otherwise, howsoever on account of any profit or advantage which he might have
derived from the execution of the work in full but which he did not derive in
consequence of determination of contract.
42. (1) Determination of Contract owing to Default of Contractor:
If the Contractor should:
(i) Becomes bankrupt or insolvent, or
(ii) Make an arrangement with of assignment in favour of his creditors, or agree to
carry out the contract under a Committee of Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction), or
(iv) Have an execution levied on his goods or property on the works, or
(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of
these Conditions, or
(vi) Abandon the contract, or
(vii) Persistently disregard the instructions of the Railway, or contravene any provision
of the contract, or
(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the
stipulated period, or
(ix) Fail to remove materials from the site or to pull down and replace work after
receiving from the Railway notice to the effect that the said materials or works have
been condemned or rejected, or
(x) Fail to take steps to employ competent or additional staff and labour as required,
or
(xi) Fail to afford the Railway's representative proper facilities for inspecting the works
or any part thereof as required under the Conditions, or
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(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or
through his partner, agent or servant to any officer or employee of the Railway or to
any person on his or on their behalf in relation to the execution of this or any other
contract with this Railway.
(xiii) (A) At any time after the tender relating to the contract, has been signed and
submitted by the Contractor, being a partnership firm admit as one of its partners or
employee under it or being an incorporated company elect or nominate or allow to
act as one of its directors or employee under it in any capacity whatsoever any retired
engineer of the gazetted rank or any other retired gazetted officer working before his
retirement, whether in the executive or administrative capacity, or whether holding
any pensionable post or not, in the Railways for the time being owned and
administered by the President of India before the expiry of two years from the date of
retirement from the said service of such Engineer or Officer unless such Engineer or
Officer has obtained permission from the President of India or any officer duly
authorized by him in this behalf to become a partner or a director or to take
employment under the contract as the case may be, or
(B) Fail to give at the time of submitting the said tender:
(a) The correct information as to the date of retirement of such retired engineer or
retired officer from the said service, or as to whether any such retired engineer or
retired officer was under the employment of the Contractor at the time of submitting
the said tender, or
(b) The correct information as to such engineers or officers obtaining permission to
take employment under the Contractor, or
(c) Being a partnership firm, the correct information as to, whether any of its partners
was such a retired engineer or a retired officer, or
(d) Being in incorporated company, correct information as to whether any of its
directors was such a retired engineer or a retired officer, or
(e) Being such a retired engineer or retired officer suppress and not disclose at the
time of submitting the said tender the fact of his being such a retired engineer or a
retired officer or make at the time of submitting the said tender a wrong statement in
relation to his obtaining permission to take the contract or if the Contractor be a
partnership firm or an incorporated company to be a partner or director of such firm
or company as the case may be or to seek employment under the Contractor. Then
and in any of the said Clause, the Engineer/Officer on behalf of the Railway may
serve the Contractor with a notice in writing to that effect and if the Contractor does
not within seven days after the delivery to him of such notice proceed to make good
his default in so far as the same is capable of being made good and carry on the work
or comply with such directions as aforesaid of the entire satisfaction of the Railway,
the Railway shall be entitled after giving 48 hours’ notice in writing under the hand of
the Engineer/Officer to rescind the contract as a whole or in part or parts (as may be
specified in such notice) and after expiry of 48 hours’ notice, a final termination
notice should be issued and adopt either or both of the following courses :
(x) To carry out the whole or part of the work from which the contractor has been
removed by the employment of the required labour and materials, the costs of which
shall include lead, lift, freight, supervision and all incidental charges.
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(y) To measure up the whole or part of the work from which the contractor has been
removed and get it completed by another contractor, the manner and method in
which such work is completed shall be in the entire discretion of the Engineer/Officer
whose decision shall be final: And in both cases (x) and (y) mentioned above, the
Railway shall be entitled (i) to forfeit the whole or such portion of the Security
Deposit as it may consider fit, and (ii) to recover from the Contractor the cost of
carrying out the work in excess of the sum which would have been payable according
to the certificate of the Engineer/Officer to the Contractor, if the works had been
carried out by the Contractor under the terms of the contract, such certificate being
final and binding upon the contractor, provided, however, that such recovery shall be
made only when the cost incurred in excess is more than the Security Deposit
proposed to be forfeited and shall be limited to the amount by which the cost
incurred in excess exceeds the Security Deposit proposed to be forfeited. The amount,
thus, to be forfeited or recovered may be deducted from any moneys then due or
which at any time thereafter may become due to the Contractor by the Railway
under this or any other Contract or otherwise. Provided always that in any case in
which any of power conferred upon the Railway by Sub Clause (1) of Clause 62
hereof shall have become exercisable and the same shall not be exercised, the non-
exercise thereof shall not constitute a waiver of any of the conditions thereof and such
powers shall not withstanding be exercisable in the event of any future case of default
by the contractor for which his liability for past and future shall remain unaffected.
42. (2) Right of Railway after Rescission of Contract Owing to Default of
Contractor: In the event of any or several of the courses, referred to in Sub-Clause (1)
of this Clause, being adopted:
(a) The Contractor shall have no claim to compensation for any loss sustained by him
by reason of his having purchased or procured any materials or entered into any
commitments or made any advances on account of or with a view to the execution of
the works or the performance of the contract and Contractor shall not be entitled to
recover or be paid any sum for any work thereto for actually performed under the
contract unless and until the Engineer shall have certified the performance of such
work and the value payable in respect thereof and the Contractor shall only be
entitled to be paid the value so certified.
(b) The Railway's Representative shall be entitled to take possession of any materials,
tools, implements, machinery and buildings on the works or on the property on
which these are being or ought to have been executed, and to retain and employ the
same in the further execution of the works or any part thereof until the completion of
the works without the Contractor being entitled to any compensation for the use and
employment thereof or for wear and tear or destruction thereof.
(c) The Railway shall as soon as may be practicable after removal of the Contractor
fix and determine ex-parte or by or after reference to the parties or after such
investigation or enquiries as he may consider fit to make or institute and shall certify
what amount (if any) had at the time of rescission of the contract been reasonably
earned by or would reasonably accrue to the Contractor in respect of the work then
actually done by him under the contract and what was the value of any unused, or
partially used materials, any constructional plant and any temporary works upon the
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site. The legitimate amount due to the contractor after making necessary deductions
and certified by the Engineer should be released expeditiously.
SETTLEMENT OF DISPUTES – INDIAN RAILWAY ARBITRATION RULES
43. Matters Finally Determined By The Railway: All disputes and differences of any
kind whatsoever arising out of or in connection with the contract, whether during the
progress of the work or after its completion and whether before or after the
determination of the contract, shall be referred by the contractor to the GM and the
GM shall, within 120 days after receipt of the contractor’s representation, make and
notify decisions on all matters referred to by the contractor in writing provided that
matters for which provision has been made in Clauses of General Conditions of
Contract or in any Clause of the Special Conditions of the Contract shall be deemed as
‘excepted matters’ (matters not arbitrable) and decisions of the Railway authority,
thereon shall be final and binding on the contractor; provided further that ‘excepted
matters’ shall stand specifically excluded from the purview of the Arbitration Clause.
44. (1) Demand For Arbitration:
44. (1) (i) - In the event of any dispute or difference between the parties hereto as to
the construction or operation of this contract, or the respective rights and liabilities of
the parties on any matter in question, dispute or difference on any account or as to
the withholding by the Railway of any certificate to which the contractor may claim
to be entitled to, or if the Railway fails to make a decision within 120 days, then and
in any such case, but except in any of the “excepted matters” referred to in Clause 63
of these Conditions, the contractor, after 120 days but within 180 days of his
presenting his final claim on disputed matters shall demand in writing that the dispute
or difference be referred to arbitration.
44. (1) (ii) - The demand for arbitration shall specify the matters which are in
question, or subject of the dispute or difference as also the amount of claim item-wise.
Only such dispute(s) or difference(s) in respect of which the demand has been made,
together with counter claims or set off, given by the Railway, shall be referred to
arbitration and other matters shall not be included in the reference.
44. (1) (iii) - (a) The Arbitration proceedings shall be assumed to have commenced
from the day, a written and valid demand for arbitration is received by the Railway.
(b) The claimant shall submit his claim stating the facts supporting the claims along
with all the relevant documents and the relief or remedy sought against each claim
within a period of 30 days from the date of appointment of the Arbitral Tribunal.
(c) The Railway shall submit its defence statement and counter claim(s), if any, within
a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless
otherwise extension has been granted by Tribunal.
(d) Place of Arbitration: The place of arbitration would be within the geographical
limits of the Division of the Railway where the cause of action arose or the
Headquarters of the concerned Railway or any other place with the written consent
of both the parties.
44. (1) (iv) - No new claim shall be added during proceedings by either party.
However, a party may amend or supplement the original claim or defence thereof
during the course of arbitration proceedings subject to acceptance by Tribunal having
due regard to the delay in making it.
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44. (1) (v) - If the contractor(s) does/do not prefer his/their specific and final claims in
writing, within a period of 90 days of receiving the intimation from the Railways that
the final bill is ready for payment, he/they will be deemed to have waived his/their
claim(s) and the Railway shall be discharged and released of all liabilities under the
contract in respect of these claims.
44. (2) Obligation during Pendency Of Arbitration: Work under the contract shall,
unless otherwise directed by the Railway, continue during the arbitration proceedings,
and no payment due or payable by the Railway shall be withheld on account of such
proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and
decide whether or not such work should continue during arbitration proceedings.
44. (3) Appointment of Arbitrator:
44. (3) (a) (i) - In cases where the total value of all claims in question added together
does not exceed Rs. 25,00,000 (Rupees twenty five lakh only), the Arbitral Tribunal
shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway not
below JA Grade, nominated by the General Manager. The sole arbitrator shall be
appointed within 60 days from the day when a written and valid demand for
arbitration is received by GM.
44. (3) (a) (ii) - In cases not covered by the Clause 39(3)(a)(i), the Arbitral Tribunal
shall consist of a Panel of three Gazetted Railway Officers not below JA Grade or 2
Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired
not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway
will send a panel of more than 3 names of Gazetted Railway Officers of one or more
departments of the Railway which may also include the name(s) of retired Railway
Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days
from the day when a written and valid demand for arbitration is mreceived by the
GM. Contractor will be asked to suggest to General Manager at least 2 names out of
the panel for appointment as contractor’s nominee within 30 days from the date of
dispatch of the request by Railway. The General Manager shall appoint at least one
out of them as the contractor’s nominee and will, also simultaneously appoint the
balance number of arbitrators either from the panel or from outside the panel, duly
indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM
shall complete this exercise of appointing the Arbitral Tribunal within 30 days from
the receipt of the names of contractor’s nominees. While nominating the arbitrators, it
will be necessary to ensure that one of them is from the Accounts Department. An
officer of Selection Grade of the Accounts Department shall be considered of equal
status to the officers in SA grade of other departments of the Railway for the purpose
of appointment of arbitrator.
44. (3) (a) (iii) - If one or more of the arbitrators appointed as above refuses to act as
arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or
is/are unable or unwilling to perform his functions as arbitrator for any reason
whatsoever or dies or in the opinion of the General Manager fails to act without
undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in
his/their place in the same manner in which the earlier arbitrator/arbitrators had been
appointed. Such reconstituted Tribunal may, at its discretion, proceed with the
reference from the stage at which it was left by the previous arbitrator (s).
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44. (3) (a) (iv) - The Arbitral Tribunal shall have power to call for such evidence by
way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall
be the duty of the parties hereto to do or cause to be done all such things as may be
necessary to enable the Arbitral Tribunal to make the award without any delay. The
Arbitral Tribunal should record day to-day proceedings. The proceedings shall
normally be conducted on the basis of documents and written statements.
44. (3) (a) (v) - While appointing arbitrator(s) under Sub-Clause (i), (ii) & (iii) above,
due care shall be taken that he/they is/are not the one/those who had an opportunity
to deal with the matters to which the contract relates or who in the course of his/their
duties as Railway servant(s) expressed views on all or any of the matters under
dispute or differences. The proceedings of the Arbitral Tribunal or the award made by
such Tribunal will, however, not be invalid merely for the reason that one or more
arbitrator had, in the course of his service, opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties expressed views on
all or any of the matters under dispute.
44. (3) (b) (i) - The arbitral award shall state item wise, the sum and reasons upon
which it is based. The analysis and reasons shall be detailed enough so that the award
could be inferred therefrom.
44. (3) (b) (ii) - A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature occurring in the
award of a Tribunal and interpretation of a specific point of award to Tribunal within
60 days of receipt of the award.
44. (3) (b) (iii) - A party may apply to Tribunal within 60 days of receipt of award to
make an additional award as to claims presented in the arbitral proceedings but
omitted from the arbitral award.
44. (4) In case of the Tribunal, comprising of three Members, any ruling on award
shall be made by a majority of Members of Tribunal. In the absence of such a
majority, the views of the Presiding Arbitrator shall prevail.
44. (5) Where the arbitral award is for the payment of money, no interest shall be
payable on whole or any part of the money for any period till the date on which the
award is made.
44. (6) The cost of arbitration shall be borne by the respective parties. The cost shall
inter-alia include fee of the arbitrator(s), as per the rates fixed by Railway Board from
time to time and the fee shall be borne equally by both the parties. Further, the fee
payable to the arbitrator(s) would be governed by the instructions issued on the
subject by Railway Board from time to time irrespective of the fact whether the
arbitrator(s) is/are appointed by the Railway Administration or by the court of law
unless specifically directed by Hon’ble court otherwise on the matter.
44. (7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act
1996 and the rules thereunder and any statutory modifications thereof shall apply to
the arbitration proceedings under this Clause.
JOINT VENTURE (JV) FIRMS IN WORKS TENDERS
45. Participation Of Joint Venture (JV) Firms In Works Tender: This Clause shall be
applicable for works tenders of value as approved and communicated by Railway
Board from time to time.
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45.1 Separate identity/name shall be given to the Joint Venture Firm.
45.2 Number of members in a JV Firm shall not be more than three, if the work
involves only one department (say Civil or S&T or Electrical or Mechanical) and shall
not be more than five, if the work involves more than one department.
45.3 A member of JV Firm shall not be permitted to participate either in individual
capacity or as a member of another JV Firm in the same tender.
45.4 The tender form shall be purchased and submitted only in the name of the JV
Firm and not in the name of any constituent member.
45.5 Normally Earnest Money Deposit (EMD) shall be submitted only in the name of
the JV Firm and not in the name of constituent member. However, in exceptional
cases EMD in the name of Lead Member can be accepted subject to submission of
specific request letter from Lead Member stating the reasons for not submitting EMD
in the name of JV Firm and giving written confirmation from JV members to the
effect that EMD submitted by the Lead Member may be deemed as EMD submitted
by JV Firm.
45.6 One of the members of the JV Firm shall be its Lead Member who shall have a
majority (at least 51%) share of interest in the JV Firm and also, must have
satisfactorily completed in the last three previous financial years and the current
financial year upto the date of opening of the tender, one similar single work for a
minimum value of 35% of advertised tender value. The other members shall have a
share of not less than 20% each in case of JV Firms with up to three members and not
less than 10% each in case of JV Firms with more than three members. In case of JV
Firm with foreign member(s), the Lead Member has to be an Indian Firm with a
minimum share of 51%.
45.7 A copy of Memorandum of Understanding (MoU) executed by the JV members
shall be submitted by the JV Firm along with the tender. The complete details of the
members of the JV Firm, their share and responsibility in the JV Firm etc. particularly
with reference to financial, technical and other obligations shall be furnished in the
MoU. (The MoU format for this purpose shall be finalized by the Railway in
consultation with their Law Branch and shall be enclosed along with the tender).
45.8 Once the tender is submitted, the MoU shall not be modified / altered /
terminated during the validity of the tender. In case the tenderer fails to
observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be
liable to be forfeited.
45.9 Approval for change of constitution of JV Firm shall be at the sole discretion of
the Employer (Railways). The constitution of the JV Firm shall not be allowed to be
modified after submission of the tender bid by the JV Firm, except when modification
becomes inevitable due to succession laws etc. and in any case the minimum eligibility
criteria should not get vitiated. However, the Lead Member shall continue to be the
Lead Member of the JV Firm. Failure to observe this requirement would render the
offer invalid.
45.10 Similarly, after the contract is awarded, the constitution of JV Firm shall not be
allowed to be altered during the currency of contract except when modification
become inevitable due to succession laws etc. and in any case the minimum eligibility
criteria should not get vitiated. Failure to observe this stipulation shall be deemed to
be breach of contract with all consequential penal action as per contract conditions.
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45.11 On award of contract to a JV Firm, a single Performance Guarantee shall be
submitted by the JV Firm as per tender conditions. All the Guarantees like
Performance Guarantee, Bank Guarantee for Mobilization Advance, Machinery
Advance etc. shall be accepted only in the name of the JV Firm and no splitting of
guarantees amongst the members of the JV Firm shall be permitted.
45.12 On issue of LOA (Letter Of Acceptance), an agreement among the members of
the JV Firm (to whom the work has been awarded) shall be executed and got
registered before the Registrar of the Companies under Companies Act or before the
Registrar/Sub-Registrar under the Registration Act, 1908. This JV Agreement shall be
submitted by the JV Firm to the Railways before signing the contract agreement for
the work. In case the tenderer fails to observe/comply with this stipulation, the full
Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be
taken against partners of the JV and the JV. This Joint Venture Agreement shall have,
inter-alia, following Clauses:
45.12.1 Joint And Several Liability - Members of the JV Firm to which the contract is
awarded, shall be jointly and severally liable to the Employer (Railways) for execution
of the project in accordance with General and Special Conditions of Contract. The JV
members shall also be liable jointly and severally for the loss, damages caused to the
Railways during the course of execution of the contract or due to non-execution of
the contract or part thereof.
45.12.2 Duration of the Joint Venture Agreement - It shall be valid during the entire
currency of the contract including the period of extension, if any and the maintenance
period after the work is completed.
45.12.3 Governing Laws - The Joint Venture Agreement shall in all respect be
governed by and interpreted in accordance with Indian Laws.
45.13 Authorized Member - Joint Venture members shall authorize one of the
members on behalf of the Joint Venture Firm to deal with the tender, sign the
agreement or enter into contract in respect of the said tender, to receive payment, to
witness joint measurement of work done, to sign measurement books and similar such
action in respect of the said tender/contract. All notices/correspondences with respect
to the contract would be sent only to this authorized member of the JV Firm.
45.14 No member of the Joint Venture Firm shall have the right to assign or transfer
the interest right or liability in the contract without the written consent of the other
members and that of the employer (Railways) in respect of the said tender/contract.
45.15 Documents to be enclosed by the JV Firm along with the tender:
45.15.1 In case one or more of the members of the JV Firm is/are partnership firm(s),
following documents shall be submitted:
(a) Notary certified copy of the Partnership Deed,
(b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp
paper of appropriate value (in original).
(c) Power of Attorney (duly registered as per prevailing law) in favour of one of the
partners of the partnership firm to sign the JV Agreement on behalf of the partnership
firm and create liability against the firm.
45.15.2 In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:
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Affidavit on Stamp Paper of appropriate value declaring that his/her Concern is a
Proprietary Concern and he/she is sole proprietor of the Concern OR he/she is in
position of "KARTA" of Hindu Undivided Family (HUF) and he/she has the authority,
power and consent given by other partners to act on behalf of HUF.
45.15.3 In case one or more members is/are limited companies, the following
documents shall be submitted:
(a) Notary certified copy of resolutions of the Directors of the Company, permitting
the company to enter into a JV agreement, authorizing MD or one of the Directors or
Managers of the Company to sign JV Agreement, such other documents required to
be signed on behalf of the Company and enter into liability against the company
and/or do any other act on behalf of the company.
(b) Copy of Memorandum and Articles of Association of the Company.
(c) Power of Attorney (duly registered as per prevailing law) by the Company
authorizing the person to do/act mentioned in the para (a) above.
45.15.4 All the Members of JV shall certify that they are not black listed or debarred
by Railways or any other Ministry/Department of the Govt. of India/State Govt. from
participation in tenders/contract on the date of opening of bids either in their
individual capacity as members of the JV or the JV Firm in which they were/are
members.
45.16 Credentials & Qualifying Criteria : Technical and financial eligibility of the JV
Firm shall be adjudged based on satisfactory fulfillment of the following criteria:
45.16.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):
(a) Either the JV Firm or Lead Member of the JV Firm must have satisfactorily
completed in the last three previous financial years and the current financial year up
to the date of opening of the tender, one similar single work for a minimum of 35%
of advertised value of the tender.
OR
(b) (i) In case of composite works (e.g. works involving more than one distinct
component, such as Civil Engineering works, S&T works, Electrical works, OHE works
etc. and in the case of major bridges – substructure, superstructure etc.), for each
component, at least 35% of the value of any of such components individually for
single similar nature of work should have been satisfactorily completed by the JV Firm
or by any member of the JV Firm in the previous three financial years and the current
financial year up to the date of opening of tender. The member satisfying technical
eligibility criteria for the largest component of the work shall be the Lead Member
and that Member shall have a majority (at least 51%) share of interest in the JV Firm.
(ii) In such cases, what constitutes a component in a composite work shall be clearly
pre-defined with estimated tender cost of it, as part of the tender documents without
any ambiguity. Any work or set of works shall be considered to be a separate
component, only when cost of the component is more than Rs. 2 crore each.
(iii) However, as long as the JV Firm or any member of the JV Firm meets with the
requirements, in one or more components of the work, and has completed a
minimum of 35% of the advertised value of the tender for the same value of the
component, and resultantly, all the members of the JV collectively, then meet the
prescribed technical eligibility criteria, the JV shall stand technically qualified.
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Note: Value of a completed work done by a Member in an earlier JV Firm shall be
reckoned only to the extent of the concerned member's share in that JV Firm for the
purpose of satisfying his/her compliance to the above mentioned technical eligibility
criteria in the tender under consideration.
45.16.2 Financial Eligibility Criteria: The contractual payments received by the JV Firm
or the arithmetic sum of contractual payments received by all the members of JV Firm
in the previous three financial years and the current financial year up to the date of
opening of tender shall be at least 150% of the estimated value of the work as
mentioned in the tender.
Note: Contractual payment received by a Member in an earlier JV Firm shall be
reckoned only to the extent of the concerned member's share in that JV Firm for the
purpose of satisfying compliance of the above mentioned financial eligibility criteria in
tender under consideration {Authority: Railway Board’s letter no. 2002/CE-I/CT/37,
Dated 07.09.2011}
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FORMAT OF
MEMORANDUM OF UNDERSTANDING
FOR
JOINT VENTURE AGREEMENT
This Memorandum of Understanding is made at (name of place) on this _______ day
of ______ between/among
(i) M/s (Name of Company) __________, a company registered under the Companies
Act 1956 having its registered office at _____________ represented through its
Authorised Managing Director/Director/Managers of the company Sri ___________
(hereinafter referred to as ______________ which expression shall unless repugnant to
the context thereof includes its successors) of the FIRST PART
OR
(i) M/s (name of partnership firm), a partnership firm registered under the Indian
Partnership Act 1932, having its registered office at _________________ represented
through its one of the authorized partner Sri ______________ (hereinafter referred as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the FIRST PART
OR
(i) M/s (name of proprietorship firm) having its registered office at _______
represented through its proprietor Sri _____________ (hereinafter referred to as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the FIRST PART
AND
(ii) M/s (name of company) _________, a company registered under the Companies
Act 1956 having its registered office at ____________ represented through its
Authorised Managing Director/Director/Managers of the company Sri ____________
(hereinafter referred to as __________ which expression shall unless repugnant to the
context thereof includes its successors) of the SECOND PART
OR
(ii) M/s (name of partnership firm), a partnership firm registered under the Indian
Partnership Act 1932, having its registered office at _________________ represented
through its one of the authorized partner Sri ______________ (hereinafter referred as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the SECOND PART
OR
(ii) M/s (name of proprietorship firm) having its registered office at _______
represented through its proprietor Sri _____________ (hereinafter referred to as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the SECOND PART
AND
(iii) M/s (name of company) _________, a company registered under the Companies
Act 1956 having its registered office at ____________ represented through its
Authorised Managing Director/Director/Managers of the company Sri ____________
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(hereinafter referred to as __________ which expression shall unless repugnant to the
context thereof includes its successors) of the THIRD PART
OR
(iii) M/s (name of partnership firm), a partnership firm registered under the Indian
Partnership Act 1932, having its registered office at _________________ represented
through its one of the authorized partner Sri ______________ (hereinafter referred as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the THIRD PART
OR
(iii) M/s (name of proprietorship firm) having its registered office at _______
represented through its proprietor Sri _____________ (hereinafter referred to as
_________ which expression shall unless repugnant to the context thereof includes its
successors) of the THIRD PART
Whereas, East Central Railway has invited Tender no. _______________ hereinafter
referred to as the ECR Tender for the work of _____________ hereinafter referred to
as the said work.
Whereas, the member of the first part, i.e., M/s __________________________ (details
to be supplied of the expertise in their field).
Whereas, the member of the second part, i.e., M/s ____________________ (details to
be supplied of the expertise in their field).
Whereas, the member of the third part, i.e., M/s ________________ _____ (details to
be supplied of the expertise in their field).
AND whereas members to this MOU have agreed to co-operate with each other to
associate jointly and to form a Joint Venture Firm to participate in the Tender no.
………………….. dt. ………. E.C. Railway.
Now, therefore, in consideration of the premises and mutual promises and of the
undertaking contained herein, the constituent members are hereby agreed as follows:
1. The purpose of MOU:
M/s _____________________, _____________________ and ____________ agree to
cooperate with each other for the purpose of joint participation in Tender no. ….. dt.
…. of E.C. Railway, and in the event, the contract is awarded, to jointly execute the
contract. The broad interfaces and scope of work of each party is set forth below:
___________________________________________________________________________
________________________________________________________________________
2. The name of the Joint Venture firm shall be ____________________________
3. The constituent members, hereto, represent that: they are in possession of all
approvals and valid authorization for the purpose of execution of this MOU.
4. That each of the members of the JV, agrees and undertake to place at the disposal
of the JV, benefits of its individual experience, technical knowledge and skill and shall
in all respects bear its share of the responsibility, including the provision of
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information advice and other assistance required in connection with the works. The
share and the participation of the partners in the JV shall broadly be as follows:
M/s _____________________________________%
M/s _____________________________________%
M/s _____________________________________%
5. Lead Member:
In respect of Tender no. …….. dt. …………………. of E.C. Railway M/s
______________ shall be a lead member who has a majority (at least 51%) share of
interest in the JV firm.
6. The constituent members to this MOU undertake:
(a) That after submission of the tender, the MOU shall not be modified/altered/
terminated during the validity of the tender except when modification becomes
inevitable due to succession laws etc., but in no case the minimum eligibility criteria
would be vitiated. The members to this MOU further agree that the Lead Member
will continue to be the Lead Member of JV Firm.
(b) That after the contract is awarded the constitution of the JV Firm shall not be
altered during the currency of contract except when modification becomes inevitable
due to Succession Law etc., but in no case the minimum eligibility criteria would be
vitiated.
(c) No any member of JV firm shall participate in this tender either in individual
capacity or as a member of another JV firm
7. Joint and several liabilities:
In respect of Tender no. ……………. Dt. …………… of E.C. Railway, all terms shall
be complied by constituent members on back-to-back basis as per specifications of the
Tender no. …………. Dt. ………….. of E.C. Railway or any other mutually agreed
terms with the E.C. Railway. The members hereto shall, if awarded the contract for
the project for which the Joint Venture is formed, be jointly and severally liable to the
Indian Railways for execution of the project in accordance with the contract. The
members hereto also undertake to be liable jointly and severally for the loss, damages
caused to the Indian Railways in course of execution or due to non-execution of the
contract or part thereof or arising out of the contract.
8. Authorised member:
Shri ___________________________ shall be authorized member on behalf of the Joint
Venture to deal with tender, to sign the agreement or enter into contract in respect of
the said tender, to receive payment, to witness joint measurement of work done, to
sign measurement books, and similar such action in respect of tender no. …….. dt. ….
of E.C. Railway. All notices/correspondence with respect to this contract shall be sent
only to this authorized member of the JV Firm on the address stated herein below:
M/s ___________________________________________________________________.
Such communications or notices shall be deemed to have been duly served/given to
all constituent members/JV firm when so delivered/received.
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9. The constituent members agree that with respect of tender no. …….. dt. …….. of
E.C. Railway neither members, nor any subsidiary company of either member, nor
any joint venture company or any other entity, in which the member/members, or
are in anyway interested, shall compete together with or through any third party, nor
shall the members advise, consult, for engage in or otherwise assist in any way any
person or entity or any affiliate thereof in respect of any order or contracts related to
tender no …………….. dt. ………. of E.C. Railway.
10. Responsibility:
Each member shall assume and accept full responsibility for its Scope of Work and the
obligatios imposed in the Contract and in this MOU as if it was, with regard to its
Scope of Work, an independent partner contracting individually with the E.C.
Railway. In the event of any defect and damage or any claim arising from the E.C.
Railway under the Contract or any third party in relation to or as a consequence of
any failure to meet the performance specification the Party, within whose Scope of
Work the claim arises, shall be entirely responsible for the claim and shall indemnify
and hold harmless the other Party from any liability, demand, claim burden cost,
expense attorney’s fees and costs arising from thereof.
11. Assignability:
No member to the Joint Venture has right to assign or transfer the interest, right or
liability in the contract without the written consent of the other members and that of
the E.C. Railway.
12. Machinery, Instruments, Labour Force etc.
The members hereto undertake that whatever the machinery, instruments, Labour
force (including unskilled, skilled, inspectors, Engineers etc.) they possess at the time of
entering into Joint Venture Agreement or which subsequently shall come in their
possession, the member/members having the control over the said machinery,
instrument, labour force etc will have no objection when these are utilized by the JV
firm for the purpose of execution of the contract without any hindrance and obstacle.
13. Duration of MOU:
It shall be valid during entire currency of contract including the period of extension, if
any and also till the maintenance period is over or till all the contractual liabilities
including warranty/guarantee obligations are discharged completely.
14. Applicable Law:
This MOU and any arrangement/agreements regarding the performance shall be
construed and interpreted in accordance with and governed by the Laws of India and
shall be subject to the exclusive jurisdiction of the courts at PATNA.
15. Settlement of Disputes:
In the event of disputes arising from this MOU, the constituent members to the MOU
undertakes to endeavor to settle the said disputes amongst them amicably. However,
if the members fail to resolve the disputes amongst them amicably, the said disputes
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arising out of or in connection with the present MOU shall be resolved through
Arbitration as per the provisions enshrined under the Arbitration and Conciliation Act,
1996 or/and amendments thereof.
16. Each member shall have full and sole responsibility to bear the expense of and
effect the payment of any taxes, duties, special insurance, fees or assessments of any
nature whatsoever (including personal income taxes level or imposed on any of its
employees or personnel or any of its sub-contractor’s employees or personnel).
17. The members to this MOU declares and certifies that they have not been black
listed or debarred by Railways or any other Ministry/Department of Government of
India/State Government from participation in tenders/contract in the past either in
their individual capacity or the JV firm or partnership firm in which they were
member/partners.
In witness whereof, the constituent members have caused this MOU to be executed
by their respective authorized representatives on the date and year mentioned
hereinabove.
Signature: Signature: Signature:
Shri _____________ of M/s
_____________________
Shri _____________ of M/s
_____________________
Shri _____________ of M/s
_____________________
Witnesses:
1. Signature: 1. Signature: 1. Signature:
Name: Name: Name:
Address: Address: Address:
2. Signature:
2. Signature:
2. Signature:
Name: Name: Name:
Address: Address: Address:
(Note: This Performa is not exhaustive and can be changed/amended at the discretion
of the Railway)
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