Special Terms and Conditions of E-Auction Sale

Ambala Division, Northern Railway, Ambala Cantt

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 Bidder‟s 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 EAuction. The bidder can either go for On Line Registration or Manual Registration. The Bidder should also have a Bank Account with netbanking 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 use’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: 01 instalment, where Sale value exceeds Rs 3 Lakh and is upto and including

Rs 5 Lakhs, 02 instalments, where Sale value exceeds Rs. 5 Lakhs and is upto and

including Rs. 15 Lakhs, and 03 instalments, 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 endeavored 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 On 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 eAuction (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 No -117-S/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 fulfill 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 installment 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 installment 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 advertized 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 Agent giving the Power of Attorney

…….……………….. Signature of the Agent

1. Witness…………….

2. Witness……………..

Paste the photo here.

Purchaser to sign across the photograph

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 its registered office at ……………………… having successfully bid for and purchased the Lot no. …… in the auction held on …………… by SrDMM Ambala 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 Ambala 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)………………

……………….