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WESTERN RAILWAY MUMBAI DIVISION
NOTIFICATION FOR
EXPRESSION OF INTEREST
Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
CORRIGENDUM
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
WESTERN RAILWAY
TENDER BOOKLET
MEDICAL DEPARTMENT MUMBAI DIVISION SCOPE AND SPECIAL TERMS AND CONDITIONS FOR PROVIDING EMERGENCY MEDICAL SERVICES IN THE
EMERGENCY MEDICAL ROOMS AT THE RAILWAY STATIONS
Tender Notice No. MD /173/PIL/EMR/EOI/BCT(17-19) Dated 20/09/2017
Name of Work
Invitation for expression of interest for operation of emergency Medical Room (EMR) at (1) Church gate, (2) Marine lines, (3) Charni road, (4) Grant Road, (5) Mumbai Central, (6) Mahalaxmi, (7) Lower Parel, (8) Elphinstone road, (9) Matunga road, (10) Mahim Jn, (11) Bandra, (12) Khar road, (13) Santa Cruz, (14) Vile Parle, (15) Andheri, (16) Jogeshwari, (17) Ram mandir (18) Goregaon, (19) Malad, (20) Kandivali, (21) Borivali, (22) Dahisar, (23) Mira road,(24) Bhyander,(25) Naigaon,(26) Vasai road (27) Nalla Sopara, (28) Virar, (29) Saphale, (30) Plaghar,(31) Boisar, and (32) Dahanu Road, railway stations.
Period of Completion Two (02) years
Type of Tender Open
Tender Book Cost Rs. 5,000/- (By Post 5500/-)
E.M.D. Rs.64, 00,000/- (Sixty Four Lakhs Only)
Time & date of Start of sale of tender Documents.
10.00 Hrs. on 20/09/2017
Time & date of closure of sale of tender Documents.
12.00 Hrs. on 08/11/2017
Time & date of closure of submission of tender Documents.
15.00 Hrs. on 08/11/2017
Time & Date for opening of tender.
15.30 Hrs. on 08/11/2017
Validity of offer from date of opening.
120 Days.
Tender Inviting Authority
CHIEF MEDICAL SUPERINTENDENT,
Medical department,
Ground Floor DRM’s office Building,
Western Railway, Mumbai central
2 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
Mumbai 400-008
Chief Medical Superintendent, Divisional Railway Hospital Mumbai Central for and on
behalf of President of Union of India, invites "Expression of Interest (EOI)" from local
leading Emergency Medical Service Providers i.e. Hospitals/Nursing homes / Polyclinics /
Clinics / Private Practitioners / Individual doctor / Companies / Firms / Institutions / NGO's
Involved in health care for providing round the clock emergency medical services in
Emergency Medical Room (EMR) at 32, Railway Stations. i.e. (1)Church gate, (2) Marine
lines, (3) Charniroad, (4) Grant Road, (5) Mumbai Central,(6) Mahalaxmi,(7) Lower
Parel, (8) Elphinstone road, (9) Matunga road, (10) Mahim Jn, (11) Bandra, (12) Khar
road, (13) Santa Cruz, (14) Vile Parle, (15) Andheri, (16) Jogeshwari, (17) Rammandir
(18) Goregaon, (19) Malad, (20) Kandivali,(21) Borivali, (22) Dahisar,(23) Mira road,(24)
Bhyander,(25) Naigaon,(26) Vasai road (27) Nallasopara, (28) Virar, (29) Saphale, (30)
Palghar,(31) Boisar, and (32) Dahanu Road. free of Cost to the bonafide injured Railway
passengers; shifting the bonafide injured Railway passengers after First Aid to the nearest
Govt./Recognized Pvt. Hospitals for further treatment, using the Emergency Medical Room
(24X7) for setting up a small Pharmacy and Small laboratory as well as for Private Medical
consultancy on payment basis to bonafide Railway commuters (when not attending to
bonafide injured Railway passengers) for a period of two (02) years on payment of License
Fee to Railways.
Interested applicants/parties may submit the 'Expression of Interest' along with requisite Earnest Money Deposit of Rs.64, 00,000/- (Rupees Sixty four Lakhs Only), drawn in the form of DD /Pay Order / Banker's Cheque in f/o Sr. DFM, W.Rly. Mumbai Central, in a sealed cover addressed to the Office of the Chief Medical Superintendent, Divisional Railway Manger office, Mumbai Central, DD should be either of the State Bank of India or of any of the nationalized banks. EMD in any other mode is not acceptable, and such offers if any shall be summarily rejected. Earnest Money Deposit: Rs.64 00,000/- (Rupees Sixty Four Lakhs Only). For further details please log on to / visit the WESTERN RAILWAY website HYPERLINK "http://www.wr.indianrailways.gov.in" www.wr.indianrailways.gov.in for any clarification, interested parties may contact CMS/Mumbai central on 9004449501/9004499500.
Date and Time of Issue of Tender / EOI Document: from 20/9/2017 to 08/11/2017 (up to 12 Hrs.) Last Date and Time for submission of EOI: Date 08/11/2017, Time: 15.00 hrs. Date and Time of Opening of offers: Date: 08/11/2017, Time: 15:30 hrs. Validity of offer: Offer should be kept valid for 120 days from the date of opening.
Note: Only one application of Expression of Interest along with EMD should be submitted for all 32 EMR for which the applicant/party submit the "Expression of Interest (EOI)"
3 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
Scope and Special terms and conditions for providing Emergency Medical
Services in the Emergency Medical Rooms at the Railway Stations:
1. The primary aim of Emergency Medical Room at the Railway station is to provide First Aid Medical Assistance Free of Cost to the bonafide railway passengers who have been injured due to falling from train/run over cases, during the course of their train journey.
2. The Emergency Service Provider shall provide Emergency Medical Services round the clock in the Emergency Medical Room at the Railway station, for which one Doctor with minimum qualification of MBBS and one/two trained Paramedical staff, shall be made available by the Emergency Service provider.
3. Western Railway shall provide the space for Emergency Medical Room. The Railway administration shall provide electricity and water on chargeable basis.
4. However, the arrangement for stretcher, wheelchair, reclining bed, stools, necessary medical kit and other requisite medicine/injections or any other medicines /equipment to dealt with emergency (As per Annexure-I) shall be made available by the Emergency Service Provider with whom the contract is entered into.
5. The concerned on duty Railway station in-charge shall organize immediate shifting of the bonafide injured passenger from the site of the accident to Emergency Medical Room with the assistance from Emergency Service Provider. The bonafide injured railway passenger shall be attended on top priority by the Doctor on duty, who shall render the requisite medical emergency treatment in a professional manner and arrange to shift the bonafide injured railway passenger to the nearest Govt. /Civil or W.Rly Recognized Pvt. Hospital / Trauma center having the requisite facilities for further treatment. If there is no Govt. Hospital nearby, only then the patient has to be shifted to the W.Rly Recognized Pvt. Hospital.
6. Doctor on duty shall make arrangement for shifting the injured person to the Govt./Civil Hospital or Trauma Centre where all Medical facilities, viz. Operation Theatre, Anesthetist, Physician, Surgeon, Orthopedic-surgeon, trained Paramedical staff, ICU, CT-Scan, MRI etc. are available for further medical treatment to save the valuable life. Arrangements of ambulance shall be ensured by the Emergency Service Provider, or using the services of 108 Ambulance service if available or any other means with trained Doctors who can give basic life support to the injured bonafide Railway passenger till he/she is reached to the nearest Hospital / Trauma Centre. A list of such Hospitals / Trauma Centers near by railway station where EMR is located along with telephone numbers shall be made available at these Medical Emergency Rooms by Emergency Medical Service Provider.
7. The Emergency Service Provider is responsible for the safe keep/preservation of the severed limb, etc, if any, and shall arrange to send it along with the injured to the Govt. /Civil or W.Rly Recognized Pvt Hospital, duly preserved and packed as required for further medical treatment.
8. Emergency Service Provider shall do all the above emergency medical treatment /First Aid required saving the life of the bonafide injured railway passengers/commuters within the golden hours of accident on Free of Cost. i.e. Emergency Service Providers shall not charge anything towards the medical
4 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
expenses provided to the bonafide injured railway passengers. 9. The Emergency Service Provider is permitted to set up a small PHARMACY in the
Emergency Medical Room (EMR) for sale of medicines at the prescribed rates (not more then MRP) to the person other than the bonafide railway injured passengers / commuters. The medicines / injections etc. required for the treatment of the bonafide injured railway passengers shall be provided Free of Cost only. The provider can also set up a small Laboratory in the EMR Room.
10. The Emergency service Provider, when not attending to the bonafide injured railway passenger, may extend private consultancy to the other bonafide railway passengers/commuters, who may like to avail the facility, on payment of the consultation fees as per the CGHS rate prevalent in the area of EMR. However, top priority should be given to the emergency treatment to the bonafide injured railway passenger when he/she is brought into the Emergency Medical Room for Emergency Treatment.
11. Western Railway Administration shall allow the Emergency Medical Service Provider to advertise the services of nearest and concerned hospitals by displaying their name board as per Western Railway specifications at strategic locations depicting "MEDICAL FACILITY PROVIDED BY ______________ ________________________________ IN ASSOCIATION WITH WESTERN RAILWAY". It may be noted that the goodwill accrued from the advertisement may also help to enhance/promote the business of the hospital in the long run.
12. The Emergency Service Provider is only a Licensee of the Emergency Medical Room and he/she shall have no claim /right to the railway property. He/she shall not utilize the space for any other purpose or for carrying out any other activity other than what has been agreed to as per the Contract and License Agreement.
13. The Emergency Service Provider should sign the License Agreement for the operation of the Emergency Medical Room. (Performa Enclosed as Annexure-III), within the 30 days from date of awarding the contract /issuing letter of acceptance on EOI basis.
14. The Emergency Service Provider should ensure the proper disposal of Bio-Medical wastes, which is generated by EMR.
5 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
Tender / Contract for Operation of Emergency Medical Room
Instructions to the Tenderers Tender Notice No:- MD /173/PIL/EMR/EOI/BCT (17-19) Dated 20/09/2017
1.0 NAME OF WORK: (1) Providing round the clock Emergency Medical services in Emergency Medical Room
(EMR) at 32, Railway Stations. i.e. (1)Church gate, (2) Marine lines, (3) Charniroad, (4) Grant Road, (5) Mumbai Central,(6) Mahalaxmi,(7) Lowerparel, (8) Elphinstoneroad, (9) Matunga, (10) Mahim Jn, (11) Bandra, (12) Khar road, (13) Santa Cruz, (14) Vile Parle, (15) Andheri, (16) Jogeshwari, (17) Rammandir (18) Goregaon, (19) Malad, (20) Kandivali, (21) Boriwali, (22) Dahisar, (23) Meeraroad, (24) Bhayander, (25) Naigaon, (26) Vasai road (27) Nallasopara, (28) Virar, (29) Saphale, (30) Palghar, (31) Boisar, and (32) Dahanu Road. Railway Stations Free of Cost to the bonafide injured Railway passengers; shifting the bonafide injured Railway passengers after First Aid to the nearest Govt./W.Rly Recognized Pvt. Hospitals for further treatment and Leasing of EMR Room for setting up of small Pharmacy, Small Laboratory and private medical consultancy.
2.0 This is a tender/Expression of Interest for operating Emergency Medical Room (EMR) at the stations for providing the requisite emergency treatment by the Emergency Service Provider to save the life of the accident victims i.e. bonafide injured railway passengers arising out of falling from train/run over cases, etc., and shifting the patient to the nearest Govt. /W.Rly Recognized Pvt. Hospital/Trauma Centre, after giving First Aid within the golden hour to save the valuable life.
2.1 Earning potential to Emergency service Provider: The Emergency Service Provider is permitted to set up a small Pharmacy for sale of medicines as per MRP in the EMR and also, when not attending to the bonafide injured railway passenger, is permitted to do private consultancy on payment basis, to the other bonafide railway passengers who would like to avail the facility. Lakhs of Railway passengers are commuting daily. The Emergency Service Provider may exploit the earning potential by rendering such Medical services at the Railway station. The Emergency Service Provider may also gain out of the goodwill accrued from the free advertisements of the Medical services of the nearest and concerned hospitals, displayed at strategic locations, as decided by the Western Railway, depicting "MEDICAL FACILITY PROVIDED BY ____________________________ IN ASSOCIATION WITH WESTERN RAILWAY".
2.2. Annual License Fees: The earning potential may be more than the expenditure involved in maintaining the Emergency Medical Room and providing the emergency medical services to the bonafide injured railway passenger, as per the scope of the contract. The tender/Emergency Service Provider should therefore assess the earning potential vis a vis the expenditure involved before quoting the Annual License Fee payable to the Railways.' Including all Taxes as applicable is also payable on the Annual License Fee quoted by the Emergency Service Provider. The Emergency Service Provider should pay the Annual License Fee plus the applicable all Taxes thereof on quarterly basis as per the License Agreement for operation of Emergency Medical Room at the allotted Railway Station.
2.3 The Tenderer/Applicant of Expression of Interest to operate the Emergency Medical Room (EMR) shall quote the offered Annual License Fee (L/Fee) payable to the railways against Sr.No.4 of the Expression of Interest (EOI) Form. It may be noted that all Taxes as applicable from time to time shall also be payable by the Emergency Medical Service Provider on the amount of L/Fee payable to Railways. The Annual License Fee is payable on Quarterly basis 15 days in advance of the commencement of
6 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
the Quarter. 3.0 TENDER PAPERS: 3.1 The Tender Notice, Invitation of Tender, Preamble, Form of Expression of Interest,
License Agreement, Instructions to Tenderers, Scope and Special Conditions of Tender, Additional Special Conditions of Tender and General Conditions of Contract including the Annexure thereto are collectively referred to as the Tender Documents/Tender Papers.
3.2 The intending Tenderer/Applicant of Expression of Interest is advised to study the Tender Papers carefully. The Tenderer / Applicant of Expression shall also acquaint himself with the local conditions, means of access to the site of work, nature of work and all other matters pertaining thereto.
3.3 The submission of Tender shall be deemed to have been done after careful study and examination of the Tender papers with a full understanding of the implications thereof.
4.0 EARNEST MONEY Deposit (EMD): The Tenderer /Applicant of Expression of interest shall be required to deposit Earnest Money of Rs.64 00,000/- (Rs. Sixty Four Lakhs only) along with the tender, in any one of the acceptable modes mentioned at Para.4. 1. EMD in any other mode is not acceptable.
4.1 Mode of payment of Earnest Money Deposit (EMD): EMD can be paid in any one of the following acceptable modes:
“Demand Draft / Pay Order: Banker’s Cheque issued by SBI or any other Nationalized. DD should be drawn in favor of “Sr. DFM, Western Railway Mumbai central."
4.2 EMD of the unsuccessful bidder shall be returned within a reasonable period after finalization of the tender and that of successful bidder shall be adjusted against the Security Deposit. The Railway shall neither responsible for any loss nor liable to pay any interest thereon.
4.3 The EMD of the tenderer /applicant of Expression of Interest shall be forfeited and debarred from participating in the re-tender, if the tenderer /applicant withdraws his offer within the validity or fails to take up the work on awarding the contract.
5.0 Security Deposit (SD): If the Tender/Expression of Interest is accepted, the EMD shall be converted into Security Deposit as Security towards the due fulfillment of the contract. The Security Deposit shall be released only after successful completion of the contract and on submission of No Claim Certificate, duly signed by the Competent Authority. Railway shall neither responsible for any loss, nor be liable to pay interest thereon. The Competent Authority shall normally be the authority that is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that the contractor has fulfilled all the contractual obligations and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal `No Claim Certificate' from the contractor concerned should be obtained.
5.1 No interest whatsoever will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract.
5.2 Whenever the contract is rescinded, the Security Deposit shall be forfeited. 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 JV 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 JV /partnership firm.
6.0 PERIOD OF COMPLETION: The completion period of the contract is Two (02) years.
7 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
7.0 Minimum Eligibility criteria: 7.1 The Tenderer should be a reputed/leading Hospitals/Nursing homes / Polyclinics /
Clinics / Private Practitioners / Individual MBBS qualified doctor / Companies / Firms / Institutions / NGO's Involved in health care delivery system.
7.2 Tenderers should submit documentary proof in regard to fulfilling these eligibility criteria along with their offers. The offers of tenderers who do not meet the eligibility criteria as mentioned above shall not be considered. The tenderers who fail to submit documentary proof along with their offers will normally not be considered.
8.0. LAST DATE FOR SUBMISSION OF TENDERS: 8.1 The Tenders/Expression of Interest shall be submitted in a sealed cover, not later than
15.00 hrs. (Indian Standard Time) on 08/11/2017 in the office of the Chief Medical Superintendent, Divisional Railway Manger Office, Mumbai Central, Pin-400-008 or his successor/ nominee (whose address will be intimated in due course). In case the day happens to be a holiday, the tenders will be submitted in the same manner on the next working day.
9.0 DATE OF OPENING OF TENDERS: 9.1 The Tenders will be opened at 15.30 hrs. (IST) on 08/11/2017 in the office of the Chief
Medical Superintendent, Divisional Railway Manger Office, Mumbai Central, Pin-400-008. In case the day happens to be a holiday, the tenders will be opened in the same manner on the next working day at the same time.
10.0 GENERAL CONDITION OF CONTRACT: (a) Unless otherwise stated in the tender papers, contract shall be governed by "Indian
Railways Standard General Condition of Contract applicable to Railway's Works Contracts" with latest amendments thereof as applicable for Western Railway, copy of which is available, for reference in the office of the Chief Medical Superintendent, Divisional Railway Manger Office, Mumbai Central, Pin-400008 and also available at the railways website www.indianrailways.gov.in.
(b) Down loading of tender document from Web. The tender booklet containing schedule and tender conditions can be down loaded from
web at www.wr.indianrailways.gov.in. It is in the interest of the tenderer to submit his offer in the booklet available in this office. If the tenderer prefers to submit his offer in downloaded version, it is clarified that in case of any discrepancy between the official version and the down loaded version, the former will prevail. The tenderer should invariably pay the cost of the tender booklet even if he is resorting to down loaded version.
11.0 Medical Examination:-Each of the service provider staff shall be able, healthy and physically fit and shall obtained medical certificate every six month up on complete medical checkup from recognized medical practitioner.
11.0 Police Verification:-Service provider shall obtain Police verification of all the staff deployed and submit to the CMS BCT office.
8 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
Annexure- I
Essential Medical Equipments and Medicines to be Stocked and kept in the
Emergency Medical Room by the Emergency Service Provider.
1. Blood Pressure Instrument
2. Stethoscope
3. Ambu Bag with Oxygen Mask (Silicon)
4. Torch with Cell (Big)
5. I V Stand
6. Needle Holder (2 No.)
7. Tooth Forceps (2 No.)
8. Plain Forceps (2 No.)
9. Chittle Forceps (2 No.)
10. Needle Cutter (2 No.)
11. Razor with Blade ((2 No.)
12. SS Tray, Kidney Tray (2 No.)
13. Pulse Oxy Meter
14. Oxygen Mask (10 No.)
15. Nasal Prongs (10 No.)
16. Artery Forceps (6 No.)
17. Mayo Scissor (2 No.)
18. Suction Machine
19. Laryngoscope with 2 Cell (2 No.)
20. Oxygen Cylinder with stand with Humidifier & flow meter (2 No.)
21. Automatic ECG Machine
22. Gluco Meter with Strips
23. Thermometer
24. Defibrillator
25. Refrigerator
26. Sterilizer/Auto Cave (2 No.)
27. Nebulizer
28. Collapsible Stretchers (2 Nos)
29. Water Filter
30. BP Blade with handle (scalped) Blade No. 15 & 22 (2 No. each)
31. Folding Stretcher
32. Wheel Chair
33. Aluminums (Metal) Stretcher
34. All essential medicines for emergency treatment
35. Any other equipment or medicine as may be prescribed at later stage.
Note: - Any other equipment may also kept at EMR to dealt with any emergency as deem fit by Service provider under information to WRly Administration.
MUMBAI DIVISION
9 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
WESTERN RAILWAY FORM OF EXPRESSION OF INTEREST (EOI)
1. EOI (Name of License) Emergency Medical Room in (1) Church gate, (2) Marine lines, (3) Charni road, (4) Grant Road, (5) Mumbai Central,(6) Mahalaxmi,(7) Lower Parel, (8) Elphinstone road, (9) Matunga Road, (10) Mahim Jn, (11) Bandra, (12) Khar road, (13) Santa Cruz, (14) Vile Parle, (15) Andheri, (16) Jogeshwari, (17) Ram mandir (18) Goregaon, (19) Malad, (20) Kandiwali,(21) Borivali, (22) Dahisar,(23) Mira road,(24) Bhyander,(25) Naigaon,(26) Vasai road (27) Nalla-sopara, (28) Virar, (29) Saphale, (30) Plaghar,(31) Boisar, and (32) Dahanu Road Railway Stations.
2. Period of License TWO (02) years. 3. Name & Address of the Hospital/ Nursing Home/Medical Practitioner (in block
letters) _____________________________________
_____________________________________
4. Offer of the lump sum Annual License Fee (payable to Railways): Rs. ____________________________________________/- (In figures) Rupees _____________________________________________ only (In words)
(Plus all taxes as applicable from time to time) 5. Details of EMD: 64, 00,000/-(Sixty Four Lakhs) Paid vide DD/PO No. Issued by ___________________________________ (Bank Details) Drawn in
Favor of: Sr.DFM. Western Railway, Mumbai Central. 6. I / we have carefully read and understood the terms and conditions of the license as
contained in EOI documents issued by the Western Railway including the following:
a) On account of non-acceptance of award or on account of non-completion of
conditions within the prescribed time, I/We shall be debarred by Western Railway for further participation in the EOI at its stations or at any other place under the control of Western Railway, for a period of 02 years.
b) In case the documents submitted by my/our firm along with EOI are found false/
incorrect, the offer of my/our firm will be liable to be rejected without giving reasons. In addition, Western Railway reserves its right to debar my/our firm from participation in the further EOI of Western Railway.
7. Western Railway reserves the right to reject the conditional offer without assigning any reason thereto.
8. Western Railway does not bind itself to accept the highest rate quoted or any EOI and reserves to itself the right of accepting the whole or any part of the EOI and the Applicant shall be bound to provide the service at the rate quoted.
Signature of the party/ participant: ________________________________
Name with designation: _________________________________________
Status: _______________________________________________________
Address: _____________________________________________________
Tel. No. (0) ____________________________ Fax no. ________________
Email: ________________________________________________________
10 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
AGREEMENT
FOR
FOR OPERATION OF EMERGENCY MEDICAL ROOM
AT 32* STATION, WESTERN RAILWAY, MUMBAI
(MD /173/PIL/EMR/EOI/BCT (17-19) Dated: - 20/09/2017)
*(1)Church gate, (2) Marine lines, (3) Charni road, (4) Grant Road, (5) Mumbai Central,(6) Mahalaxmi,(7) Lower Parel, (8) Elphinstone road, (9) Matunga road, (10) Mahim Jn, (11) Bandra, (12) Khar road, (13) Santa Cruz, (14) Vile Parle, (15) Andheri, (16) Jogeshwari, (17) Ram mandir (18) Goregaon, (19) Malad, (20) Kandiwali,(21) Borivali, (22) Dahisar,(23) Mira road,(24) Bhyander,(25) Naigaon,(26) Vasai road (27) Nalla Sopara, (28) Virar, (29) Saphale, (30) Plaghar,(31) Boisar, and (32) Dahanu Road.
THIS AGREEMENT made this ____ day of _____________, 2017. Between the Western
Railway, having its Headquarter Office it Church gate Mumbai, -400 020 and represented by
Chief Medical Superintendent, Divisional Railway Manager Office, Mumbai Central, herein
afterwards called the "Railway Administration" (which term shall unless excluded by or is
repugnant to the context, be deemed to include its heirs, representative, successors and
assigns) of the one part, and ____________________________ represented by Medical
Superintendent/Administrator of the other part , hereinafter called the 'Emergency Medical
Service Provider" (which term shall unless excluded by or is repugnant to the context, be
deemed to include its heirs, representative, successors and assigns of the Licensee).
WHEREAS the Authority is entitled in "Law" to grant License at its _____________ Railway
Station for the purpose of Operation of Emergency Medical Room so as to provide amenities
and facilities to the passengers and visitors at stations and is in possession of space, more fully
described in the Schedule hereunder and in the plan annexed to this agreement, hereinafter
referred to as the Premises.
WHEREAS the Emergency Medical Service Provider i.e. _____________
_________________________ is desirous to render the services to the Railway Administration
on the terms and conditions mentioned hereunder :
1. That the license for the said facility shall be valid for the period of 02 (Two) years from
_______________ to ______________ unless terminated earlier on account of
following:
a) By giving 60 days notice in writing from either side without assigning any
reason.
b) Terminated by Railway Administration on a short notice on account of
11 WESTERN RAILWAY
MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
unsatisfactory performance.
c) Termination on expiry of the specified time period allotted for unresolved internal
dispute.
2. Emergency Medical Service, provider shall pay the authority every quarter in
advance by way of quarterly license fee of Rs. ___________/- (Rupees
_________________________ _____________________ Only) on or before 15th day
of English Calendar month preceding the quarter to which it relates.
3. That the Emergency Medical Service Provider shall pay all rates, assessments,
outgoings and other taxes including all Taxes as leviable on the Licensee in 'Laws'.
4. That the Emergency Medical Service Provider shall make payment of License fee etc.
by Demand Draft/Pay Order “Sr DFM Mumbai Central”.
5. That in the event of failure to pay the license fee and other charges by due dates,
simple interest @12% P.A be payable, as per Western Railway credit policy, on all
delayed payments without prejudice to the Railway Administration’s other rights and
remedies.
6. The EMD of Rs. 64 lakhs (Rs 64, 00,000) submitted along with the Tender is converted
into Security Deposit. The Security Deposit shall not carry any interest. The Security
Deposit is refundable after successful completion of contract. In the event of the
Licensee committing any breach of the Terms and Conditions herein, the Railway
Administration may without prejudice to other rights and remedies is entitled to forfeit
the Security Deposit or any part thereof. In such an event he shall pay in the same
manner as stated above such additional sum immediately as he may be called upon by
the Railway Administration to pay, so that the Security Deposit shall at all times during
the continuance of this contract, be the same amount. On the expiration or earlier
determination of the License by valid notice as prescribed in Agreement, The
Administration shall return the Security Deposit or part thereof which has not been
forfeited as aforesaid, to him, without any interest.
7. The primary aim of Emergency Medical Room at the Railway station is to provide “First
Aid Medical Assistance‟ free of Cost to the bonafide railway passengers who have been
injured due to falling from train/run over cases/etc. during the course of their train
journey.
8. The Emergency Service Provider shall provide Emergency Medical Services round the
clock (24X7) in the Emergency Medical Room at the Railway station, for which one
Doctor with minimum qualification of MBBS and one/two trained Paramedical staff, shall
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
be made available by the Emergency Service provider.
9. The Licensee shall arrange to assist the station authorities in bringing the victim from
site to EMR, as per requirement.
10. Western Railway shall provide the space for Emergency Medical Room. The Railway
administration shall provide electricity and on chargeable basis.
11. The arrangement for all necessary furniture like Writing table, Chairs, Visiting Chair,
Examination table, stretcher, wheelchair, reclining bed, stools etc. & necessary medical
kit and other requisite medicine/injections (As per Annexure-I) shall be made available
by the Emergency Service Provider.
12. The concerned on duty Railway station in-charge shall organize immediate shifting of
the bonafide injured passenger from the site of the accident to Emergency Medical
Room with the assistance from Emergency Service Provider. The bonafide injured
railway passenger shall be attended on top priority by the Doctor on duty, who shall
render the requisite medical emergency treatment in a professional manner and arrange
to shift the bonafide injured railway passenger to the nearest Govt./Civil or W.Rly
Recognized Pvt. Hospital / Trauma Centre having the requisite facilities for further
treatment. If there is no Govt. Hospital nearby, only then the patient has to be shifted to
the Pvt. Hospital.
13. Doctor on duty shall make arrangement for shifting the injured person to the Govt./Civil
Hospital or Trauma Centre where all Medical facilities, viz. Operation Theatre,
Anesthetist, Physician, Surgeon, Orthopedic surgeon, trained Paramedical staff, ICU,
CT Scan, MRI etc. are available for further medical treatment to save the valuable life.
Arrangements of ambulance shall be ensured by the Emergency Service Provider,
using the services of 108 Ambulance service or any other means with trained Doctors
who can give basic life support to the injured bonafide Railway passenger till he/she is
reached to the nearest Hospital / Trauma Centre. A list of such close by Hospitals /
Trauma Centers along with telephone numbers shall be made available at these
Medical Emergency Rooms by Emergency Medical Service Provider. The Emergency
Service Provider is responsible for the safe keep/preservation of the severed limb, etc, if
any, and shall arrange to send it along with the injured to the Govt. /Civil Hospital, duly
preserved and packed as required for further medical treatment.
14. Emergency Service Provider shall do all the above emergency medical treatment /First
Aid required to save the life of the bonafide injured railway passengers/commuters
within the golden hours of accident Free of Cost. i.e Emergency Service Providers shall
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
not charge anything towards the medical attention and cost of medicines /injections, etc.
provided to the bonafide injured railway passengers/commuters requiring such medical
aid arising out of falling from train/run over cases, etc.
15. The onus of mis-management or any medico legal aspect shall lie with the Licensee.
16. The Licensee shall stock all essential medicines that could be required in case of
emergency/trauma care.
17. The licensee shall make all arrangement for safe keep preservation of the severed limb
and shall arrange to send it along with the injured to the hospital in safe preserved
manner as required under medical practice i.e. with ice packs etc.
18. The Emergency Service Provider is permitted to set up a small PHARMACY and Small
Laboratory in the Emergency Medical Room (EMR) for sale of medicines at the
prescribed rates (MRP),and lab charges and consultancy charges shall be charged as
per CGHS or less then CGHS rate only to the other bonafide railway
passengers/commuters. The medicines/injections etc. required for the treatment of the
bonafide injured railway passengers shall be provided Free of Cost only.
19. The Emergency Service provider shall ensure to have all necessary licenses and
/permits from the appropriate authorities to operate the pharmacy and laboratories as
per the law enforce tome to time. They shall also be responsible to produce the
requisite licensees/permits as and when required for inspection by appropriate authority
/ agency
20. The Emergency service Provider, when not attending to the bonafide injured railway
passenger, may extend private consultancy to the other bonafide railway
passengers/commuters, who may like to avail the facility, on payment of the
consultation fees as deemed appropriate by the Emergency Service Provider but not
more than CGHS rates. The rates for such services shall be prominently displayed
inside the EMR. However, top priority should be given to the emergency treatment to
the bonafide injured railway passenger when he/she is brought into the Emergency
Medical Room for Emergency Treatment.
21. The Licensee shall maintain such regular and proper account books along with other
supporting documents regarding sales effected by the licensee in the said premise and
said accounts/documents shall all times be kept open for inspection by the Railway
Administration. The licensee shall send a report of cases of injury/death of Railway
accidents and other attended by the Licensee on quarterly basis to Chief Medical
Superintendent, Mumbai central.
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
22. The service provider shall responsible for the maintenance and up keeping of the
records pertains to the operation of medical emergency room and they shall liable to
produce the same as and when required by Railway administration or the authorized
agency of state govt during the contract period. Service provider/ Licensee shall also
ensure to maintain the cashbook and bill book for the charges levied against the
treatment, consultancy, and lab charges from non injured passengers separately and
they are responsible to produce the same as and when demanded by Railway
administration.
23. The service provider shall responsible for any medico legal issues arising out of the
contract. The railway administration shall be immuned from all the liabilities.
24. Western Railway Administration shall allow the Emergency Medical Service Provider to
advertise the services of nearest and concerned hospitals by displaying their name
board as per Western Railway specifications at strategic locations depicting "MEDICAL
FACILITY PROVIDED BY _____________________________________, IN
ASSOCIATION WITH WESTERN RAILWAY". It may be noted that the goodwill accrued
from the advertisement may also help to enhance/promote the business of the hospital
in the long run.
25. The Emergency Service Provider is only a Licensee of the Emergency Medical Room
and he/she shall have no claim /right to the railway property. He/she shall not utilize the
space for any other purpose or for carrying out any other activity other than what has
been agreed to as per the Contract and License Agreement.
26. The Licensee shall not erect or display any advertisement or signboard except after
obtaining the prior approval in writing from concerned dept of Western Railway
Administration.
27. At all times during the currency of the Agreement it shall be the responsibility of the
Licensee to obtain proper fire insurance coverage including theft and burglary in respect
of all the movable and immovable assets stored for use in the premises and Railway
Administration shall not be responsible for any loss or damage caused to the Licensee
on any account whatsoever.
28. The Emergency Service Provider should ensure the proper disposal of Bio-Medical
wastes, which is generated by EMR.
29. That the Emergency Medical Service provider shall equip himself with all necessary
permits, licenses and such other permissions as may be required under the law in force
at any time with regard to the operation of the subject license.
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
30. That the Railway Administration reserves to itself the right to change the location of the
premises at any time and may at its discretion to call upon the Emergency Medical
Service provider to vacate the site and may give him an alternative premise for the
purpose of this license. In such a case, the licensee shall be bound to vacate the
premises immediately and accept the said alternate premises. The entire expenditure
on such shifting shall be borne by him and the licensee shall not be entitled to claim any
compensation.
31. The Emergency Medical Service provider shall use the premises for the bonafide
purpose as provided in the Agreement, more particularly described in the enclosed
schedule, for the use of all staff, passengers and bonafide visitors to the
_______(Name) Railway station and for no other purpose.
32. The Emergency Medical Service provider shall not terminate the license before the
expiry of the period of the license except by giving 60 days notice in writing, otherwise
the license shall be liable to pay to the Authority (without any demur or question) such
amount of money as the Authority may decide as due to it by the licensee. The Authority
can terminate the license by giving 60 days notice in writing assigning any reason
thereto.
33. In the event of any default, failure, negligence or breach, in the opinion of the Authority
on the part of the Emergency Medical Service provider in complying with all or any of
the conditions of the license agreement, the Authority will be entitled and be at liberty to
determine the license forthwith and resume possession of the premises without
payment of any compensation or damages and also forfeit in full or in part the amount
deposited by the licensee for due performance of Agreement.
34. The Licensee, his servants and agents shall be entitled to use all ways, paths and
passages as may from time to time be maintained on the said station subject to such
rules and regulations as may be imposed by the lawful authorities.
35. The Licensee paying the License fee and performing the covenants herein contained
and on his part to be performed shall and may peacefully possess and enjoy the
premises with use of the ways, paths and passages as aforesaid during the said term
without any lawful interruption from or by the Railway Administration or any person
claiming under the Authority
36. Any notice required to be served on the Licensee under this Agreement shall be
deemed to have been served if delivered at or sent by registered post to his last known
address or his authorized representative or agent. Similarly, any notice to be given to
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
the Railway Administration under this Agreement shall be deemed to have been served
if delivered at or sent by Registered post to the Railway Administration should invariably
acknowledge the notice. The period of notice given under this Agreement will count
from the date of receipt of notice by either side.
37. The Licensee shall not, unless with the written consent of the Railway Administration
create a sub-contract of any description with regard to this license or part thereof, nor
shall be without such written consent a aforesaid, assign or transfer his License or any
part thereof.
38. The Licensee, his agents and servants shall observe, perform and comply with all rules
and regulations of the shop and Establishment Act, Factories Act, Industrial Disputes
Act, Minimum Wages Act and the provisions of any statutory Law applicable to the
Licensee in force from time to time and to the business which the Licensee is allowed to
carryon under this Agreement and to the Area in which the said premises are located.
39. The Licensee shall indemnify the Authority from/ against any claims made or damages
suffered by the authority by reason of and default on the part of the licensee in the due
observance and performance of the provisions of any law which may be related to the
purpose of this agreement and to the area on which the premises are located.
40. The authority shall not be responsible in any way for loss or damage by any means
causes to the Licensee's stock or property.
41. The Licensee shall at his own cost maintain the premises in a proper state of
cleanliness and abide by such directions as may be given by the Authority and such
other departments as may be entrusted by the rules and regulations with the works of
inspections and enforcement about the conditions of sanitation, cleanliness and
hygiene. If the premises is not maintained in reasonably clean condition by the
Licensee, Authority shall have powers to get the premises cleaned at the risk & cost of
the Licensee and recover liquidated damages at the rate of Rs. 1000/- per day for each
default up to 7 days and thereafter Rs. 2500/- per day and can take other actions
including termination of the license.
42. The Licensee shall employ only such servants as shall have good character and as well
behaved and skilful in their business. He shall furnish the Authority in writing with the
names, parentage, age, residence and specimen signature or thumb impression of all
servants whom he proposes to employ for the purpose of this Agreement before they
are so employed and the Authority shall be at liberty to forbid the employment of any
person whom it may consider undesirable. The servants employed by him shall be
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
under the general discipline of the authority and shall confirm to such directions as may
be issued by the Authority in respect of points or routes of entry to and exit from the
premises and in respect of the use of toilet and wash rooms. He shall also have the
character of all persons employed by him verified by the police to the satisfaction of the
Authority, before the employment.
43. The Railway Administration, its servants and agents shall at all times have the absolute
right of entry into the said premises.
44. The award letter no. _________________________________ __________________
dated ____________ shall also form a part of the license agreement.
45. In the event of any default, failure, negligence or breach, in the opinion of the Railway
Administration on the part of the Licensee in complying with all or any of the conditions
of the license Agreement, the Railway Administration will be entitled and be at liberty to
impose suitable penalty and/or determine the license forthwith and resume possession
of the premises without payment of any compensation or damages and also forfeit in full
or in part the amount deposited by the licensee for due performance of Agreement.
46. Contractor should be responsible for observing all the labour laws applicable in regard
to staff deputed including payment of wages. Contractor should also arrange labour
license for all staff at his own cost. Contractor will be responsible for providing medical
aid and claim to his own staff in case of injury etc. during duty.
47. ACMS /Sr.DMO of respectively EMR in charge / ACMS (Admin) BCT or representative
of CMS/BCT will be authorized representative of railway administration. Decision of
CMS/BCT will be final and binding to contractor in case of any dispute.
48. If any employee of SERVICE PROVIDER found under influence of intoxication during
working hours legal action will be initiated for which tenderer will be responsible.
49. Responsibility for conduct of staff provided by the Service Provider lies on Service
Provider only. The staff against whose complaint lodged for misconduct by any staff of
Railway Administration/Railway officer or Public needs to be replaced immediately and
suitable staff to be provided. If complaint of misconduct repeated then Service Provider
has to deposit penalty decided by CMS BCT at own discretion in addition to removing
the staff the contract could be terminated on repetition of misconduct.
PENALTY: -
50. If complaints of work reported or unsatisfactory work done by Service Provider, then a
Penalty up to Rs, 4000/- per day per shift will be imposed by the ACMS (Admin) BCT.
51. If any unauthorized person found in the staff deputed by the Service Provider during
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
inspection, penalty up to Rs.5000/- per person per shift will be imposed.
52. Service provider shall deposit all the penalties stated above in Railway Revenue within
one month from the date of imposition of penalty and decision of railway administration
shall be final and binding to Service Provider. All the penalties shall be imposed at the
level of ACMS (Admin) BCT.
53. If the Service Provider fails to carryout the work or stop the work partly or completely the
penalty shall be imposed @Rs.5000/- per day per shift and railway will get the work
completed through any other agency on cost of Service Provider. If Service Provider
fails to start the work within 15 days his contract may be terminated following the due
procedure. Work for running period will be got completed at the risk and cost of the
Service Provider.
54. ARBITRATION CLAUSE. AS per GCC
(1) 64. (1): Demand for Arbitration: 64. (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, 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. 64. (1) (ii) (a) 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 or difference, 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. 64. (1) (ii) (b) The parties may waive off the applicability of sub-section 12 (5) of Arbitration and Conciliation (Amendment) Act-2015, if they agree for such waiver, in writing, after dispute having arisen between them, in the format given under Annexure XII of these conditions. 64. (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. 64. (1) (iii) (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. 64. (1) (iii) (c)
The Railway shall submit its defense statement and counter claim(s), if ay, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. 64. (1) (iii) (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. 64.(1) (iv)
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it. 64. (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 payment5, he/they will be deemed to have waived his/their claim(s) and the3 Railway shall be discharged and released of all liabilities under the contract in respect of these claims.
(2) 64. (2) Obligation During Pendency OF Arbitration: Work under the contract shall, unless otherwise directed by CMS BCT, 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.
(3) 64. (3): Appointment of Arbitrator: 64. (3) (a): Appointment of Arbitrator where applicability of section 12 (5) of Arbitration and Conciliation Act has been waived off: 64. (3) (a) (i): In cases where the total value of all claims in question added together does not exceed Rs.1, 00,00,000/- (Rupees One Crores 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. 64. (3): (a) (ii): In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a Panel of three (3) 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 at least four (4) 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 received 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 Manage3r shall appoint at lease 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 the3 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. 64.(3)(b): Appointment of Arbitrator where applicability of section 12 (5) of Arbitration and Conciliation Act has been waived off: The Arbitral Tribunal shall consist of a Panel of three (3) retired Railway Officer, retired not below the rank of SAG Officer, as the Arbitrators. For this purpose, the Railway will send a panel of at least four (4) names of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating their retirement date of the to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the
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MUMBAI DIVISION
NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
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 has served in the Accounts Department. 64.(3)(c) (i) : 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 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 re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s). 64. (3) (c) (ii): a) 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 proceedings shall normally be conducted on the basis of documents and written statements. b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass its orders over any plea submitted/objections raised by any part, if any regarding appointment of Arbitral Tribunal, validity of arbitration agreement jurisdiction and scope of the Tribunal to deal with the dispute(s) submitted to arbitration, applicability of time ‘limitation’ to any dispute, any violation of agreed procedure regarding conduct of the arbitral proceedings or plea for interim measures of protection and record its orders in day to-day proceedings. A copy of the proceedings duly signed by all the members of tribunal should be provided to both the parties. 64. (3) (c) (iii) (i) Qualification of Arbitrator (s) a) Serving Gazetted Railway Officers of not below JA Grade level. b) Retired Railway Officers not below SA Grade level, three years after his date of retirement. c) Age of Arbitrator at the time of appointment shall be below 70 years. (i) An arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed in the past. (ii) While appointing arbitrator(s) under Sub-Clause 64.(3)(a) (i), 64.(3)(a) (ii) & 64.3(b) 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. 64.(3)(d)(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
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
inferred therefrom. 64.(3)(d)(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. 64.(3)(d)(iii) A party may apply to Tribunal within 60 days of receipt of the award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.
(4) 64. (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 Arbitrato shall prevail.
(5) 64. (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.
(6) 64. (6) (a) 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 provided parties sign an agreement in the format given at Annexure II to these condition after while referring these disputes to Arbitration. 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. (b)(i) Sole Arbitrator shall be entitled for 25% extra fee over the fee prescribed by Railway Board from time to time. (ii) Arbitrator tribunal shall be entitled to 50% extra fee if Award is decided within six months.
(7) 64. (7) Subject to the provisions of the4 aforesaid Arbitration and Conciliation Act 1996 and the rules there under and relevant para of General Conditions of Contract (GCC) and any statutory modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings under this Clause.
55. The Policy Guidelines of Ministry of Railways on the subject if any in future shall be
applicable.
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NOTIFICATION FOREXPRESSION OF INTEREST Tender Notice No. MD /173/PIL/EMR/EOI/BCT/(17-19) 20/09/2017
Signature of Tenderer’s
Chief Medical Superintendent
Divisional Railway Manager Office Mumbai central
For and On behalf Of President of India
56. SCHEDULE OF PREMISES
1. Space measuring: STRUCTURE OF 20 Sq. mtr.
2. Location at: _________________________________
3. Purpose: Operation of Medical Emergency small pharmacy and
small portable laboratory.
Signature:
Signature:
Name: Name:………………………………………..
Desig:……………………………… Desig:……………………………………….
Seal:
Seal:
WITNESSES.
1. ………………………………..
2. ………………………………….
WITNESSES.
1. …………………………..
2. ………………………………….