Special Terms and Conditions of E-Auction Sale

Firozpur Division, Northern Railway, Firozpur

1.0 The E-auction will be conducted on IREPS site for the lots of scrap materials

on “as is where is basis” by Railway Administration (henceforth also called

as “Railway” or “Administration”) on behalf of the President of India.

2.0 The purchasers participating in E-auction should know all the terms and

conditions of E-auction and should be aware of lots of scrap materials to be

auctioned. It is the responsibility of the purchasers to have satisfied

themselves in all respects of the lot i.e. quality, quantity, lot condition,

location, approach road and local conditions etc. before bidding for the lot.

Railway Administration, on behalf of the President of India, will not be

responsible for the incorrect weight, description, genuineness, authenticity or

any fault or defect in any lot and make no warranty whatsoever. Should any

mistake, whatever, be there in describing a lot, either in the hand-bill,

catalogue or at the time of sale, especially in stating the quantity or quality,

such mistake will not be held to vitiate or affect the sale in any way, it being

understood that the intending purchasers have satisfied themselves in all

respects before bidding for the lot. No complaint/claim by the purchasers will

be entertained in this regard after sale of lot.

3.0 Purchasers are advised to inspect the scrap lot prior to bidding.

4.0 Purchasers are allowed to inspect the lots, on an authority from the concerned

officer, at their respective sites mentioned in the catalogue, between 1000 hrs

to 1500 hrs on any working day except Saturday.

5.0 The E-auction conducting officer can reject any bid or refuse to sign the bid

sheet of any lot/ bidder/ purchaser without assigning any reason.

6.0 Should any dispute arise between two or more bidders, or for any other cause

arising in the course of auction, the auction supervising officer shall have the

right to put up the lot again for auction or to withdraw the lot.

7.0 The Principal Chief Materials Manager and/or the officer supervising the

auction reserves to himself the right to withdraw at the actual time of sale,

any lot or item that may have been advertised for sale without assigning any reason.

8.0 Railway is not bound to put the lots serially in any order and reserve the right to put any lot at any time during the period of auction according to their discretion.

9.0 All rejected/unsold lots can be tried in subsequent auctions.

10.0 Registration with IREPS site is a must for any bidder (purchaser) to

participate in E-Auction for lots of scrap of Indian Railways. For registration,

bidder needs to have a valid Class III Digital Signature Certificate (along

with Bidders Firm name) issued by licensed Certifying Authorities, an

affidavit duly notarized on stamp paper of requisite value, valid Email ID and

one time Registration fee of Rs. 10,000/=. The bidder should also have a

valid registration under the GST law with the concerned Authority for

dealing in Scrap items i.e. GSTIN Number and a PAN card (PAN Number)

issued by Income Tax Authority. They also need to have a computer with

internet browser (as indicated on IREPS website) and internet connectivity.

Without valid Digital Signature Certificate and User ID, purchaser cannot

participate in E-Auction. The bidder can either go for On Line Registration or

Manual Registration. The Bidder should also have a Bank Account with net

banking facility for participating in E-Auction. The name of the Banks, with

whom Bank Account with net-banking facility is required, is available on

IREPS website.

11.0 Online payment of EMD through Lien Feature: A Lien amount is blocked in

the user’s bank account. In the lien feature, there are three activities involved.

i. Integrate Bank Account: It means linking of bank account with IREPS.

ii. Mark/Un-mark Amount: It means blocking and unblocking of amount for bidding in E-auction.

iii. Lien Fund Transfer: EMD @10% of sold lot value (or as admissible under these conditions) will be transferred to Railways from blocked amount.

Lien facility is the facility given to bidder to integrate their bank account with

IREPS and then mark the lien for desired amount, available in their bank

account, through IREPS. Once the lien for a particular amount is held with

IREPS system, user will not be able to withdraw/use this lien marked amount

from his bank account. This amount will be used solely for bidding. Bidder

can however release/modify the amount of lien at later date subject to

verification for availability of the same by IREPS. Lien mark/unmark can be

done through the “Mark/Unmark Lien” link on left navigation pane of the

bidder after integration of bank account through the “Integrate Bank

Account” link. Lien Fund will be transferred from the integrated bank

account on which lien is marked, after the lot has been awarded to the bidder

by the concerned auction conducting officer.

12.0 The balance sale value of sold lot will have to be deposited by the purchaser

in a single instalment within 10 days from the date of acceptance of bid

(including the date of acceptance of bid) for the cases where sale value of the

lot is upto and including Rs. 3,00,000/-.

In case of sale value above Rs. 3,00,000/-, the balance sale value will have to be deposited within 15 days from the date of acceptance of bid (including the date of acceptance of bid) in:

01installment, where Sale value exceeds Rs 3 Lakh and is upto and including Rs 5 Lakhs,

02 installments, where Sale value exceeds Rs. 5 Lakhs and is upto and including Rs. 15 Lakhs, and

03 installments, where Sale value is above Rs. 15 Lakhs.(HQ Letter no. 117/Sale/Policy/RB dt. 07.06.2016).

13.0 The balance sale value will have to be deposited by purchaser at the

Divisional Cashier of the Delivery Order Issuing Authority or Divisional

Cashier (Receipt) Delhi only or at the Payment Gateway of IREPS Website.

14.0 It is clearly mentioned that payment of Balance Sale Value can be made in

cash or through Payment Gateway of IREPS Website or through Demand

Draft in favour of FA&CAO (SAB), Northern Railway, New Delhi drawn on

State Bank of India or any nationalized bank payable at the city of Divisional

Cashier where the Demand Draft is being deposited. However, Demand Draft

shall be accepted subject to realization only.

15.0 No delivery order shall be issued till full amount against the demand draft has actually been realized and cash receipt is released by the concerned Divisional Cashier.

16.0 The Payment Reference of Online Payment (printout from website) or Money Receipt regarding payment of Balance Sale Value will be sent to the Delivery Order Issuing Officer by the purchaser himself, duly signing on the same in original.

17.0 The Income tax (TCS along with surcharge, if any) on sale of scrap under

section 206C of Income tax Act shall be deposited by the purchaser @ 1% on

the „Total Sale Value plus GST (at full rate, irrespective of intra-state or

inter-state sale)‟ at the time of remittance of Balance Sale Value.

18.0 GST as applicable (along with any other surcharge or cess as applicable) will be charged extra.

19.0 Any other local taxes leviable under statute of provincial or central subject, apart from the particulars of the goods offered, shall be payable by the

purchaser and will not entitle the purchaser to evade any tax/duty, if levied

subsequently and were not announced at the time of auction. These

conditions shall guide the conduct of auction.

20.0 The custodian of the sold lots shall be responsible to generate manual invoice

for payment of GST amount (if any) on reverse charge basis and for filing of

the necessary returns to the concerned authority, by uploading of the said

manual invoice on the IREPS website. The custodian shall be responsible to

file any return of tax & to perform any assessment regarding GST and

Income Tax of the sold materials.

21.0 In case the balance sale value (BSV) is not deposited within specified 10/15

days, then on the request of the purchaser the Railway Administration, at its

discretion and on the merits of the case, may permit to deposit the same with

interest but this extended duration will not be more than 40 days from date of

auction including the date of auction. In case BSV is not deposited by the

purchaser within the said period of 40 days and money receipt is not

submitted on the same or following day, then the Earnest Money and the

Sold Lot shall be forfeited and the purchaser will have no claim/lien on the

lot and the property in the lot shall revert to the Railway. As per COS/NDLS

letter No. 117/S/SALE/RB/Scrap/2001 dt. 11/11/2010, the interest will be

charged @ 7% above the Base Rate of State Bank of India on BSV on late

payment.

22.0 After deposit of Earnest Money, if the last due-date of depositing the Balance

Sale Value happens to be a Public Holiday or Sunday (Weekly Off-Day), the

payment can be made on the next working day.

23.0 It is the responsibility of the purchasers to deposit the requisite Payment

Reference of Online Payment or Money Receipt to the concerned Delivery

Order Issuing Authority either on same day or on next day before 12’clock

positively for preparation of delivery order. If the purchaser fails to do so, the

deposited money will be forfeited by the Railway and the purchaser will have

no claim for the material and same will be treated as Railway property.

24.0 The Delivery Order shall be sent by the Delivery Order Issuing Officer to the

purchaser by Registered A/D post or shall be handed over to him/his

authorized representative in person, within 3 working days. It shall, however,

be endeavoured to send / hand over the Delivery Order earlier.

25.0 The address (including email address etc.), given by the auction sale

purchasers at the time of auction or at the time of registration with the IREPS

website, shall be deemed to be the purchaser’s business address and all the

delivery orders, correspondence, communications etc. sent to or delivered at

the address (including email address etc.) by the Railway shall be considered

as correctly delivered to the auction sale purchaser(s). It is in the purchase’s

own interest that complete postal address (including email address etc.) as

necessary is kept updated by the purchaser on IREPS website.

26.0 Separate delivery order must be obtained for each lot as sold.

27.0 The President of India will recognize only the auction sale purchaser, in whose name the bid is recorded and accepted.

28.0 The delivery order will be issued only in the name of successful bidder whose bid is accepted. Any request for subsequent change in the name of auction sale purchaser will not be entertained.

29.0 Purchasers are advised in their own interest to present the delivery orders to

the custodian concerned or his representative, as early as possible.

30.0 Once the Authorization/Delivery Order has been made over by the purchaser

to the concerned custodian and the charge of the sold lot has been made over

to the purchaser, the Railway shall not, in any way whatsoever, be

responsible for the safeguard of the said sold property.

31.0 Where the successful bidder/purchaser desires that the delivery of stores may

be given to some of his representative, a power of attorney on a non judicial

stamp paper as in the Performa given at Annexure-A may be furnished by

him duly executed before and authenticated by a Notary Public or any Law

Court or Judge or Magistrate.

31.1 Value of stamp papers for such power of attorney shall be as per the Stamp Act 1899. The amount of stamp papers required for such POA can be ascertained from the Delivery Order Issuing Office.

31.2 To safeguard against the delivery of material to any un-authorised person, the

Power of Attorney should bear the specimen signatures and a duly pasted

photograph of the person (agent) in whose favour Power of Attorney has

been issued by the purchaser for taking delivery.

31.3 Should the original buyer wish to take delivery (of the purchased scrap)

through a representative, he must authorize by executing a Power of Attorney

in favour of his agent(s), which shall be presented to the Delivery Order

Issuing Authority, for verification and authenticity. Such officer may in his

entire discretion decline to act on any such authority and it shall in all cases

be for the buyer to satisfy such officer that the authority is genuine.

31.4 The delivery by proxy will be at the purchaser’s sole responsibility and risk and no claim shall lie against the Railway on any act whatsoever if delivery is effected to wrong person.

31.5 Only one Power of Attorney, delivery against only one Delivery Order shall be permitted.

32.0 Free delivery time for all sold lots shall be allowed for 50 days only from the

date of acceptance of Bid (including the date of acceptance of Bid) and under

normal circumstances; delivery period will not be extended beyond 50 days.

However, in deserving cases, this time can be extended upto 65 days by

PCMM/CMM/ADRM at the time of auction depending on complexity of the

lot or even after auction in case Railway Administration is responsible for

delay. However, beyond 65 days, delivery can be given only after imposing

ground rent. In exceptional circumstances, when delay is purely on account

of Railway Administration, delivery time can be extended without ground

rent with personal approval of GM/AGM (CMM letter no. 117-S-Sale-RB-

Scrap-2001 dt. 11.07.2012 and Railway Board’s letter no. 2012/RS(S)/709/4

dated 29.05.2012). Further, in special circumstances, in cases which require

more time for cutting like bridge girders, microwave towers etc. CMM Sales

at Head Quarter can allow the Free Delivery Period of that lot as 80 Days in

advance of the e-Auction (duly publishing it in the auction catalogue or hand

bill) on the recommendations of the Auction Conducting Officer duly

recording proper justification for such enhanced free delivery period (HQ

Letter no. 117/Sale/Policy/RB dt. 07.06.2016).

33.0 The purchasers cannot claim the extension of delivery period as their legitimate right.

(HQ Letter No117S/Sale/RB/Scrap/2001/Part-II dt. 15-06-2010).

34.0 In the event of two or more lots being put up for bidding together at one time

and sold under one bidding, it must be clearly understood that in the event of

the whole of the material not being taken delivery up to the date allowed,

ground rent must be paid on each and every lot or portion of a lot as

described and numbered in the catalogue or hand bill.

35.0 The last date for removal of the material shall be indicated in the bid sheet

and the same would appear in the delivery order, irrespective of the date of

issue of delivery order or its receipt by the purchaser. In cases of bids

recorded subject to approval of the PCMM/Headquarters, the delivery period

as above will reckon from the date of issue of acceptance letter by the

Headquarters, and in that case, the final date of delivery will not be indicated

in the bid sheet and will accordingly be indicated in the delivery order.

36.0 If the goods are not so removed within the delivery period, they shall remain

at the purchaser’s risk until so removed and the purchaser may be entitled to

take delivery of the material only up to further period of one month of the

date of expiry of free delivery period on specific extension of such time by

the Bid Sheet Signing Officer on payment of ground rent to the Stock Holder

concerned at the rate of ½% per day of the basic sale value (excluding taxes,

duties and charges like GST and loading charges etc.) of the un-removed

quantity subject to a minimum of Rs. 10/- per day per lot. Such ground rent

and or any other charges as may have been incurred by the Principal Chief

Materials Manager shall be recovered from the purchasers before the goods

are allowed to be removed.

37.0 Principal Chief Materials Manager may at his discretion order the re-sale of the goods and forfeit the earnest money or the price if any paid by the purchaser at any time after the free delivery period allowed to the purchaser is over and the purchaser shall further be liable for all commissions and other charges and losses.

38.0 For each lot or part of a lot lying undelivered, in addition to losing the earnest

money deposit, the purchaser shall forfeit whatever deposit or payment has

been made against such purchase and shall further be held liable for all

charges and losses which may be used for and recovered in a court of law.

39.0 If the purchaser is making slow progress with his contract or if, for any reason

whatsoever, the Principal Chief Materials Manager may consider that the

purchaser will fail to fulfil his contract within the time specified in the sale

conditions, it will be lawful for the Principal Chief Materials Manager to

cancel the whole contract or such portion as may not have been completed

and the purchaser will forthwith forfeit, as and by way of liquidated damages,

the whole of his deposit.

40.0 The President does not guarantee to deliver the material within any specified time.

41.0 When the materials are actually weighed at the time of delivery, any shortage,

which may occur between the actual and estimated weight of a lot or a group

of lots sold to the purchaser, shall not be made good from any other material

available with the custodian there or elsewhere.

42.0 All quantities whether by weight measurement or number mentioned in the

auction catalogue are approximate but it must be clearly understood that the

total quantity of which a lot is comprised should be taken delivery on

payment as per actual count or weighment. Should the quantity in a lot on

actual count or weighment work out less than the advertised quantity, the

Railway will not be liable to make good the deficiency. However, purchaser

will be entitled to get a refund of the difference from the Railways. Purchaser

should apply to the Custodian concerned within thirty days from the date of

last instalment of delivery of a particular lot for claiming refund of the cost of

the quantity delivered short. In case no application is received within 30 days

of last instalment of delivery, the money thus due is liable to be forfeited.

Purchaser must give complete and correct postal address in his application of

refund. In case, there is any change or any addition in the original address

given by the purchaser (and not his name) in his application of refund than

that given at the time of auction, then the purchaser must submit a certificate

as per Annexure-B duly signed by him along with his application of refund to

the Custodian concerned to indemnify the Railway against any loss.

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

44.0 The purchaser will contact Sr.DMM in the division within 2 days of the issue of Delivery Order for getting fixation of delivery date. All purchasers will submit their request for taking deliveries of sold lots of P.Way Scrap to Sr.DMM of concerned Division about 10 days before the expected delivery

dates so that the delivery dates may be fixed up by the Division in such a way that the intimation of deliveries may be given well in advance to all concerned.

45.0 After the start of the delivery of a lot of P-way scrap of the division, the

purchaser shall engage sufficient number of trucks, material handling

equipments, man power and other required resources in accordance with the

size and condition of the lot for taking the delivery so that the entire delivery

of the lot is completed within the dates allotted by Railway Administration.

Railway is not liable to allot another set of delivery dates to the purchasers

unless, in exceptional circumstances, the purchasers are able to produce

sufficient evidence of a reasonable cause of not lifting the lot within the

allotted dates despite their best possible efforts.

46.0 The delivery of the lots may be permitted in installments, if desired by the purchaser. In such cases, the quantity of installment delivered shall be in proportion to the installment of payment.

47.0 Unless otherwise specified, the purchaser shall make his own arrangement

(including loading) to effect complete removal of material from railway

premises with his own labour and at his own expenses within the specified

delivery period. However, in case it is already specified in the description of

the lot that the scrap is to be loaded by Railway, the sold scrap will be loaded

by Railway, for which loading charges will be recovered from the purchaser.

Such charges will be paid along with the Balance Sale Value or in cash prior

to delivery being granted.

48.0 If the Railway is required to arrange loading, no liability for damage or breakage shall be accepted.

49.0 In case of lots sold with the loading condition of “loading by purchaser”, for

loading up of heavy materials where crane power is considered necessary, on

the request of the purchaser, the Railway may arrange loading these materials

into trucks/wagons with the crane after purchaser has paid for crane hire

charges at actual or at the rates given in Annexure-C whichever is higher. It

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

when available according to its own convenience and programme of work

and will not be responsible for non supply/delay in supply of the crane.

Railway does not guarantee loading of trucks/wagons placed by the

purchaser to their full capacity. Any delay caused by the non supply/delay in

the supply of crane by the Railway will be deemed to be the responsibility of

the purchaser.

50.0 The loading charges @ Rs. 50/- per MT or part thereof will be levied whenever loading is to be done by Railway. For all lots of wheel sets and trolleys, spreading charges by crane @ Rs.15/-PMT or part thereof and loading charges by crane @ Rs.25/-PMT or part thereof will be charged extra.

51.0 The purchaser of the condemned vehicles shall be required to furnish an

indemnity bond on the Proforma laid down by the Railway as per Annexure-

D with a view to indemnifying the Railways against any claims which may

be raised even by a third party for any incident/accident involving the vehicle

after its delivery to the purchaser. (Ref. CMM/Sale/NewDelhi's letters 117-

Sale/7/Scrap/ Disposal/2001 dt. 15/11/2001 and 31/10/2001).

52.0 (i) “Non – ferrous metal waste, scrap like Lead, Brass, Copper, Zink, scrap

PVC insulated Copper cables, Waste/Used Oil and Used Lead acid Batteries

will be sold only to the firms having valid registration as recycler with

MOEF under Hazardous Wastes (Management, Handling and Trans-

boundary Movement) Rules 2008 and as amended and notified from time to

time by MOEF. The firm should be registered with Ministry of Environment

and Forest, Govt. of India and should possess valid registration certificate as

a recycler/Reprocessor. The purchaser will also be required to give an

undertaking at the time of purchase to refine / recycle/reprocess the waste

within the period of the validity of his certificate of registration. The persons

generating waste or auctioneers shall ensure that at the time of auction sale or

delivery, the period of validity of the certification of registration of the

registered re-finer or recycler is sufficient to reprocess the quantity of wastes

being sold or auctioned to him.” (Dy.CMM/IC/BH/NDLS letter dated 18-10-

2004; HQ NDLS‟s letter dated 20-02-2002 & dated 07-03-2006).

(ii) Waste/Used oil will be sold to valid Re-processors/Refiners registered

with MOEF i.e. Central/State Pollution Control Board only.

(iii) Used Lead Acid Batteries will be sold only to Recyclers registered with

Ministry of Environment of Forest Govt. of India under Batteries

(management and handling ) Rules 2001 as amended from time to time.(DY.CMM/IC/B.H./NDLS letter date 24-08-04).

(iv) Scrap Computers (PC, Main/Mini frame), Laptops, Note pads, Note

books, User terminals, Printers including cartridges, Telephones, Fax

Machines, Electrical & Electronic type writers, Telex, Mobile/Cellular

Phones, Cordless phones, Photocopiers, Answering Machines, Personal

computing (Calculators), Television sets (including LCD/LED type),

Refrigerators, Washing Machine and Air Conditioners excluding centralized

Air Conditioning plants (Items specified in schedule I of Rules 2011) will be

sold to Recyclers registered with Ministry of Environment of Forest Govt. of

India under e-waste (Management and Handling ) Rules 2011 effective from

1st May‟ 2012 and as amended from time to time. (HQ letter no. 117-SSale-

RB-Scrap-2001 dated 14-07-2011 and RB letter no. 2007/RS(S)/709/10 dated

06-07-2011).

(v) In case of transport of hazardous wastes to a facility for treatment, storage

& disposal existing in a State other than the State where hazardous wastes are

generated, the occupier shall obtain „No Objection Certificate‟ from the State

pollution control board or committee of the concerned State or Union

territory Administration where the facility is existing. (Vide Dy. CMM/IC

HQ/NDLS Letter No. 3-S/117-S/Waste & used oil/sale/05 dated 04.10.2005).

(vi) The purchasers shall ensure that they have valid registration for

Refiner/Recycler/Re-processor approved by Central/State Pollution Control

Board for the item before bidding in e-auction of the scrap items wherever

MOEF condition is applicable and produce the valid original Registration

and Pass Book issued by the Authority at the time of signing of Bid Sheet as

well as at the time of taking delivery. In case purchasers fail to produce the

requisite valid registration and original Pass Book, deposited amount (EMD

and Sale value) and lot shall be forfeited and purchasers shall have no claim

on the lot and the same shall be treated as Railway property.

53.0 Reclaimable items offered for sale should be defaced before giving delivery.

54.0 Unless or otherwise specifically mentioned in the lot description or terms,

any non ferrous items found in the lot will be returned to Railway.

55.0 PWI Rail will be delivered on sectional weight basis, unless specified otherwise.

56.0 Cutting is allowed „for loading purpose only‟ for the lots of crossing rails and point rails etc.

57.0 Cutting is allowed „for loading purpose only‟ for the lots of rails above 12 feet.

58.0 Unless otherwise specified in the description or terms and conditions of the

lot, screening, picking, sorting, cutting, hammering or breaking etc. of the lot

will not be allowed in the railway premises. Delivery must be taken as the

material came to hand.

59.0 Two or more lots shall not be delivered in the same wagon/vehicle.

60.0 The Railway shall not be responsible for death, injury or accident to the purchaser or any of his representative / labourer arising out of sale and delivery.

61.0 In the course of cutting, dismantling or any other process of delivery of any

lot (including the lot of condemned rolling stock) by the purchaser, if any

damage is done to the railway tracks or any railway property, the purchaser

shall be liable to compensate the Railway to the extent of loss or damage

caused to the Railway. The amount to be paid to the Railway as

compensation will be assessed by an officer of the concerned railway

department, which shall be final and binding on the purchaser and the value

thereof must be paid before taking delivery of the material in the lot or lots.

62.0 The purchaser must not dump any material whatsoever on the Railway line as

the line must be kept cleared for railway operations at all times.

63.0 In the auction condition of a lot, if it is specified that certain parts and fittings are to be handed over to the Railway, the same should be done before removal of the sold material.

64.0 Each lot of condemned rolling stocks will be sold subject to the conditions

inter-alia, that the components, fittings etc. hereinafter referred to as

“excluded items” shall not be sold and shall remain the property of the

Railway and the purchasers shall be bound before taking delivery of the lot or

lots sold, to dismantle the excluded items and make them over, with their

own labour and in their own transport, along with a list of excluded items

dismantled from each stock in the lot, to the representative of the custodian,

at a site nominated by the representative of the custodian, in good condition.

The detailed list of excluded items as described in the lot is to be carefully

checked by the purchaser in the presence of the nominated team of delivery

officials of the Railway. If any deficiency or shortage is detected, it should be

brought to the notice of the said delivery team of Railway in writing

immediately. In the event of any default of the purchaser in this respect, the

purchaser will be liable to deliver to the Railway the excluded items as

described in the lot. In case of any damage, loss or deficiency in respect of

any of the excluded items at the time of cutting, dismantling etc., the

purchaser shall deposit the value thereof as per Railway Rules before any

deliveries of his material are effected to him and shall also make over to the

authorized staff of the Railway the said damaged excluded items. The

property in the damaged excluded items will vest in the Railway.

65.0 The purchaser shall give to the representative of the Custodian a prior notice

in writing, at least 03 days ahead of his proposed making over of the

excluded components, to enable proper arrangements being made for taking

over the excluded items. Disregard of this will make the purchaser solely

responsible for delay in taking over of the excluded items by the Railway

without prejudice to other rights and remedies of the Railway.

66.0 The purchaser shall not be allowed to cut more than 50% of the condemned

rolling stock of each lot at a time. When the excluded items of the 1st batch

of 50% are cut up and made over to the Railway, the purchaser will be

allowed to cut the 2nd batch and so on. Similarly, the purchaser of more than

one lot shall not be allowed to cut more than one lot at a time, and in any

event until the excluded items of the previous lots are made over to the

Railway in full, the purchaser shall not be entitled to cut the next lot. The

purchaser shall be bound to make all his arrangements in such a way as to

complete the removal of the lots within the delivery time as specified, duly

complying with the provision of this para and other paras, and compliance

with one or some of the provisions shall under no circumstances be any excuse for non compliance with the other provisions.

67.0 In case of the lots of condemned rolling stocks, the delivery will be jointly

witnessed by the representatives of Accounts, Mechanical and RPF

Departments. Purchasers are expected to witness delivery and in the event of

their failure to do so, the Railway shall in no case be responsible for any

shortage and shall not under any circumstances make good the deficiency.

The purchasers are also to make their own arrangements for loading.

68.0 In case of the lots of condemned rolling stocks containing more than one

coach, wagon etc., the delivery of coaches, wagons etc. will be given in the

order in which they appear serially in the lot description.

69.0 List of “excluded items” shall be as specified in the lot description or in the terms and conditions of the lot.

70.0 Should the Administration desire, and the quantity in the lot is in excess than

the quantity advertised for sale, the purchaser will ordinarily remove the

entire quantity on payment at the price of the bid. When 90% of the material

for which the cost has been deposited is delivered, further deliveries will only

be made when the additional amount against the quantity in excess of the

advertised quantity is deposited by the purchaser. The purchaser shall deposit

such amount with the Railway within 7 days from the date of receipt of the

intimation from the officer concerned. In case of failure on the part of the

purchaser to deposit the money for the excess quantity of the material, the

unremoved material for which the cost is deposited will be treated as an

abandoned lot and the amount thereof forfeited to the President. After the

amount of excess quantity is deposited by the purchaser, the free delivery

period for the removal of the material will be suitably extended, if requested

by the purchaser and considered necessary.

70.1 The purchaser will have no claim on the quantity in excess of the 10% of the advertised quantity contained in the lot and it is only at the discretion of the Principal Chief Materials Manager that such quantity may be delivered to him on payment at the price of the bid.

71.0 In the case of materials delivered by rail, responsibility of the Railways

Custodian Department ceases immediately the material has been weighed and

loaded. The material will be carried entirely at the risk of the purchaser and

no claim against the Union of India will be entertained for any shortage in

weight which may be discovered after the material has left the custodian site.

The dispatching of the consignments must be undertaken by the purchasers.

Purchasers must provide their own bags, boxes, cases or other receptacles

which are required for removal of the purchased material and also make their

own arrangements if they so desire to book the covered wagons used for

transport of their purchased material.

72.0 If the purchaser desires to book the sold material to outstations by rail/

railway wagons, they must make their own arrangements of wagons with the

Traffic Department of the Railways and will themselves make all

arrangements for loading and booking of the material. The railway

administration does not guarantee the supply of the wagons. It is to be clearly

understood that the Railway will not undertake any responsibility for loading

and dispatch of the materials by rail on behalf of the purchasers.

73.0 The lots of two or more purchasers shall not be delivered in the same vehicle.

74.0 Delivery will not be affected on Sundays, Gazetted Holidays or Holidays observed by the Custodian or the Officer in Charge in whose custody the material is pending.

75.0 Delivery of the material shall be affected during the normal working hours of

the Custodian. In order to complete the delivery within the normal working

hours, all loading must be completed half an hour before the closing time.

76.0 Purchasers or their labourers or their other staff will not be allowed to remain

within railway premises beyond scheduled working hours. The purchasers,

may, however, be allowed to keep their watchmen to guard their material

lying in the open yard and to keep gang of men consisting of adults only to

cut the stock at the site location of the lot for which permission in writing

should be obtained from the departmental officer concerned furnishing him

with full particulars i.e. name, father’s name and present address etc of such

men.

77.0 As the case may be, the weighment of a sold lot of scrap shall be done on

scales/ machines, as available with the custodian, before loading OR shall be

done by weighing the vehicle both before and after loading where a

weighbridge is available. Weighments, in such cases, shall be witnessed

jointly by the nominated delivery team of the Railway. No complaints as

regards the authenticity of weighments carried out jointly by the said team

will be entertained. Purchasers, shall therefore, in their own interest, witness

the weighments and in the event of their failing to do so, they must abide by

the weighments carried out by the said team of Railway. Weighment made

elsewhere will not be considered.

78.0 Delivery of scrap in each vehicle, shall be upto the gross weight (including the tare weight of vehicle) limited by the weighing capacity of the weighbridge used for weighment.

79.0 Representatives of Principal Chief Materials Manager and the Accounts

Branch will see that code rule pertaining to auction sale is followed.

80.0 Any correspondence/application by the purchaser shall be considered only if submitted on his official letterhead.

81.0 If any of the above conditions is found in contravention of those appearing in “Uniform E-Sale Conditions for E-Auction”, then the special conditions as per the aforesaid clauses will prevail.

82.0 Time interval of closing time between two lots and number of auto extensions

& its time and other procedures on e-auctions being announced on IREPS site from time to time shall also be applicable.

83.0 Any special conditions which may be announced at the time of auction, to

cover any special cases, will form part of these conditions.

84.0 General Terms and Conditions Governing Sales by Departmental Auction as issued by the Principal Chief Materials Manager, N. Railway, Baroda House, New Delhi as amended from time to time including the Arbitration clause shall be applicable.

85.0 In the event of any dispute arising in connection with sale, the decision of Principal Chief Materials Manager / Chief Materials Manager, Northern Railway, New Delhi will be final and binding.

86.0 Arbitration clause: In the event of any questions, dispute or difference arising

under these conditions or in connection with this contract (except as to any

matters, decision of which is specially provided for by these conditions) the

same shall be referred to the sole arbitrator appointed by the General

Manager of the Railway. It will be no objection that arbitrator is a

government servant, and that in the course of his duties as a government

servant, he has expressed views on all or any of the matters on dispute or

difference. In the event of such an Arbitrator, to whom the matter is

originally referred, being transferred or vacating his office by resignation or

otherwise or becoming unable to act for any reason the General Manager as

aforesaid at the time of such transfer, vacation of office or inability to act

shall appoint another person to act as the arbitrator in accordance with the

terms of this agreement. Such person shall be entitled to proceed from the

stage at which it was left by his predecessor. The award of arbitrator shall be

final and binding on the parties of this agreement. It is further a term of this

contract that no person other than the person appointed by the General

Manager of the Railway as aforesaid shall act as the arbitrator and if for any

reasons that is not possible, the matter is not to be referred to arbitration at

all. The arbitrator may, from time to time with the consent of all parties to the

contractor enlarge the time for making the award; the venue for arbitration

shall be as decided by the arbitrator.

87.0 For GST purpose, the HSN number for Scrap Iron and Steel is 7204 and for Scrap Wood is 4401 or 4406.

88.0 Tax Invoice is generated and is sent/handed over to the purchaser along with

the Delivery Order. A reference of this Tax Invoice must be made at the time

of delivery by the custodian on all such Sale Issue Notes that have been

prepared against the said Delivery Order.

Annexure-A

SPECIAL POWER OF ATTORNEY

I, ……………........................................... (Name and Address of the bidder), being

the highest bidder in auction sale of lot No. ………………… held on …………..

(date of Auction) at IREPS website and having paid the full amount of Rs.

…................ towards the cost of material against the said lot, hereby authorize,

nominate and appoint Shri ……………………….. (Name and Address of the

person authorized) to receive all the things, goods and articles from the Principal

Chief Materials Manager, Northern Railway as purchased by me in auction sale of

the said lot No. …………… held on………… (Date of Auction) at IREPS website

and to pass receipt thereof for and on my behalf.

And I hereby agree that all acts, deeds and things done by my said attorney shall be

construed as acts, deeds and things done by me and I undertake to ratify and

confirm all whatsoever that my said attorney shall do or cause to be done for me by

virtue of the power hereby given. This Power of Attorney is subject to the

authentication and verification of the signature of bidder which will be issued by

the concerned Delivery Order Issuing Officer separately.

In witness thereof I have signed this deed on this …… day of …………..

…….……………….. Signature of the person Photograph of the Agentgiving the Power of Attorney

…….……………….. Signature of the AgentPaste the photo here.Purchaser to signacrossthe photograph

1. Witness…………….

2. Witness……………..

Annexure-B

I declare that my present address is as follows and the refund may be arranged at this address:-

Name of the purchaser …………………………………

Father‟s name …………………………………

Shop/House No. …………………………………

Street/Lane …………………………………

Road …………………………………

City/Town etc. …………………………………

PIN Code ……………………………………….

I also declare that change of address noted above involves address only viz. change of Shop/House No./Street Lane/Road and not the change of name of the purchaser. I also agree to indemnify the Railway Administration against any loss in this respect.

………………………….. Signature of the Purchaser

Annexure-C

Railway Schedule Rate per hour or part of an hour, for loading by Railway Crane, in addition to the Loading Charges

Lifting capacity of the Crane in MT Charges per hour or part of an hour (Rs.)

1 to 10 227.00

11 to 20 303.00

21 to 30 358.00

31 to 100 378.00

Above 100 659.00

Annexure-D

(On appropriate Stamp Paper)

INDEMNITY BOND

I/We, …………………………….…….. this ………. day ……… in the year of……………. residing at ………………………………………… and having itsregistered office at ……………………… having successfully bid for and

purchased the Lot no. ……………in the auction held on …………… by SrDMMFirozpur Division (hereinafter called the Executors/Purchasers or assigns) from the President of India acting through Principal Chief Materials Manager, Northern Railway, or through his authorized office of SrDMM Auction Conducting Officer, hereinafter called “the Railway” (which expression shall include his successors and assigns in office), hereby set our hands on and execute this deed of Indemnity.

WHEREAS we have agreed to purchase the material mentioned therein

(hereinafter called “the Stores”) from the President of India (hereinafter called “the

Railway”) at the time and place in the manner detailed therein.

AND whereas the President of India acting through Principal Chief Materials

Manager, Northern Railway, or through his authorized office of SrDMM Auction

Conducting Officer/Agency for sale of condemned Road Vehicle under Lot No.

…………… in the auction held on ………… by ………. SrDMM Firozpur

Division with description ………………………………………………..…… vide

Chasis No. ……………. Engine No. …………… and as per the bid sheet

document issued by the Auction Conducting Officer of Northern Railway.

Now this deed of Indemnity witnesses that the Executors/Purchasers will hold the

custody of the condemned Road Vehicle vide Registration No. …………. with

Engine No. …………. and Chasis No. …………. mentioned above, sold by the

Railway as Scrap, in as is where is condition and become responsible for all

compensations liabilities or claims whatsoever arising out of the use or any event

of loss/damage to the said condemned vehicle after its delivery to the

Executors/Purchasers or to any third party arising directly or indirectly out of any

incident/accident due to its bonafide or any other use under any law in force.

That Executor/Assigns shall be and remain absolutely responsible for the safe

custody and protection of said vehicle with registration no ………… sold as scrap

by the Railway against all risks whatsoever once this vehicle is handed over to the

Executor or his authorized representative under clear acknowledgement and it shall

be entirely at the Executors responsibility to get the registration of vehicle

deregistered/transferred to his name within stipulated time under the relevant

provisions of Motor Vehicle Act, in case he wishes to use the scrap as a motor

vehicle. The Executor hereby specifically and unequivocally undertakes to

indemnify the President of India against all/any damages or losses/liabilities

accrued if this Chasis under registration no ………… meets with accident or any

untoward incident. Northern Railway or his nominee shall at no stage or time be

liable for any loss/liability arising due to the action of the Executor or his nominee

from the date/time delivery of said vehicle is taken by the Executor.

In the even to any loss or damage as aforesaid, such losses or damages or

compensations thereof would be entirely the responsibility of the Executor/the

Purchaser of the condemned Road Vehicle under the provisions of the law/Motor

Vehicle Act of Transport Agencies of State Government or law enacted from time

to time once the vehicle is taken possession of by the Executor from the Railway

and till this vehicle remains on road in any condition or movement.

EXECUTOR

Place:

Date:

IN THE PRESENCE OF

WITNESS NO. (1)………………

……………….

WITNESS NO. (2)………………