Special Conditions NFRContracts
Special Conditions NFRContracts
(Sharad
[a u.,
Executive Director (TCI/G
Tele.: 011 23047489
Email: sharad. [email protected]
I Any firm/agent may bid and execute the contract on behalf of any government
organisation or private business entity, with a certified authority letter from the
government organisation/business entity/brand owner duly authorizing such
firm/agent, and with the condition that there shall be no sub-letting to other business
entity,/brand. The firm/ agent will be required to upload the authority letter in its
profile in IREPS before the auction start time. In case any firm/ agent submits highest
bid without uploading such authority letter from the brand owner or the authorisation
letter is found to false/ forged then EMD/ SD of such bidder shall be forfeited and
allotment of lot/ contract shall be cancelled without any further notice. Railway may
also ban such firms due to submission of false/ forged authorisation letter.
) The brands of following products, in addition to the items not permitted as part of
station branding rights, shall be excluded: undergarments, contraceptives, sanitary
wears, online gaming application (Rummy Circle, Ludo, etc), binary trade
applications, companies related to trade of crypto currencies, etc.
3 The participating bidders are advised to visit sites of the offered location and acquaint
themselves with the conditions and expected quantum of work in their own interest
before submitting their bids. For this, the prospective bidders may contact concerned
Chief Commercial Manager of the Zonal Railway/Sr. Divisional Commercial
Manager of the Division.
4. The licensee will not display advertisement in excess of the area and location other
than specified in e-auction catalogue for the purpose. Larger space may be permitted
at a particular site on Railways' discretion, subject to availability of space and
sanction of Railways authority, i. e. Auction Conducting Official and payment of
license fee on pro-rata basis.
7 During the tenure of the license period, the Licensee may be permitted to change the
brand name of the station, logo or modify the theme of the advertising inventory at its
own cost after approval from lndian Railways.
8 All works related to station-branding shall have to be borne by the licensee at their
ourn cost, in co-ordination/liaison with the Station Superintendent and/or shift-in-
charge of the station concemed.
9 The licensee should ensure that their installations and activities will not be a cause for
inconvenience to the Administration and the commuters as well, and at the same time
should not infringe safety & security of Railway working.
10. The installations, whatsoever should remain static and neither block the passage for
free movement of passengers nor interfere with visibility of Railway signage, and
should not adversely affect any of the existing facilitiesldisplays.
ll The supply of electricity shall be made available at the proposed advt. displays and
payment to be made on actual usage. The electrical connection as well as installation
shall be undertaken at licensee's cost under the supervision and as per specification of
the Electrical Deptt. of Indian Railways.
t2 Charges for the electricity consumption shall be assessed by the Elect. Deptt. for
which the licensee shall be advised separately by that Deptt. for making payments
accordingly.
13 The licensee shall keep the advertisements and allied structures clean and regularly
paint them for maintaining the aesthetics. Further, during currency of the contract, the
advertisements may be required to be temporarily shifted for undertaking any
maintenance or emergent activity by Railways and in that case the licensee shall not
claim any refund for period on non-display (if any) that might arise due to the
maintenance or emergent activity.
L4 The licensee shall be liable to remit Goods and Service Tares (GST), as applicableand
payable from time to time along under RCM directly to tax authorities.
t6 On expiry of the period of contract, the licensee shall remove all the implementsl
advertising materials from the Indian Railways premises at their own cost, within
fifteen (15) days from the date of expry of the license and hand over peaceful
possession of the site to the Railway administration.
t7 In the event of termination of conkact, the licensee shall also remove all the
implements/ materials from the Railway premises and hand over the peaceful
possession of the site to the Railway administration at their own cost, within fifteen
(15) days from the date of termination of the license, if specifically perrritted by
Railways.
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18. In the event of failure on the part of the agency to remove the materials as mentioned
in Para l8 and 19 above, Railway will be at liberty to remove the same and vacate the
space/ advertisements along rvith all materials and structure of the agencyilicensee
and expenses so incurred in the process shall be recoverable from the Agency.
19. Further on expiry of the license if the agency fails to hand over the site to lndian
Railways, they shall be liable to pay occupation fees from the date of
expiry/termination of the license to the date of physical removal of the same on pro-
rata basis.SD, if refundable otherwise, shall be refunded only after the agency
removes all its implements/ materials from the Railway premises andhands over the
site back to Railways.
20. In case the agency fails to install and display materials at any of the station(s) within
the specified period, for reasons entirely attributable to the agency, they will still be
liable to pay the license fee for the entire period of contract.
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ftrwter,,^,ta -€'
1. The date of commencement of contract will be as specified in the auction catalogue and
in the contract or from the actual date of installation of the first ATM (or the only ATM)
by the licensee bank, whichever is earlier.
2. The licensee bank shall pay all taxes/rates/cess and assessments whatever payable or
hereafter becomes payable to the CentraVState Government or Municipality in respect of
the said Automatic Teller Machines counter and shall abide by the rule/ law of the land in
force relating to Automatic Teller Machine business.
3. The licensee Bank is required to shift ATM at their own cost at any altemate site as
desired by the Railways in case of any modification or construction activities required to
be carried out at the station.
a. Licensee Bank is required to shift ATM at its own cost at an altemate site as
desired by the Railways in case of any modification or construction activities
required to be carried out at the station.
b. If on the expiry of the license/or in the event of earlier termination before the
expiry of the agreement, the licensee shall forthwith remove its belongings and
restore the said places or compartments to the railwaysin the original condition
without any objection or opposition.
c. If on the expiry of the license/or in the event of earlier termination before the
explry of the agreement the licensee continues to use the land, he shall be liable to
pay the proportionate license fees prevalent at the time of such event till the land
is used by the Bank and the licensee shall be entitled to remove its belongings
only when he has paid all the charges to the Railway administration.
d. The licensee bank shall not use the said counter for any purpose other than the
ATM business and shall not occupy more space beyond what is given in the
tender schedule.
e. Railway administration will not be responsible for any loss of cash or damage
caused to ATM due to whatsoever reasons thereof.
f. The licensee will follow the rules and regulations issued by the Reserve bank of
lndia from time to time.
1. The bidder, before participating in the Auction, should physically visit the sites
mentioned in thisAuction and should satisft themselves that they may display the
advertisements at the particular site/ location, as per law of the land, by obtaining
necessary permission from appropriate authority, with in the stipulated time period. They
should also estimate probable earning potential of each site.
2. The Railway Administration will not provide any advertisement display material
like structures for display of uni-poles, Boards, Flexi, wall-paintings, etc. The Licensee
will have to erect/ install display media at their own risk and cost.
4. Displalt Authority:
Display Authority for display of advertisements under this package will be issued only on
receipt of First installment of License Fee. The Display Authority will be issued by the
office of Senior Divisional Commercial Manager.
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Supervisor nominated for co-ordination with the Licensee will forward the
application to ST.DEE's Office. The Commercial Inspector will pursue the
matter with the electrical department. There is no need for the licensee to
directly deal with ST.DEE's Office. Once permission comes lrom electrical
department, the same will be communicated to the licensee. The Licensee
has to bear the cost of electrical cables from the nearest Railway source.
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safety/ convenience/ social message, etc. on places other than allotted to the
Licensee on Railway account for Railway related purposes, for which the
licensee should not have any type of objection. Railway Administration also
reserves the right to grant permission to outside agencies to advertise such
display as considered to be in the interest of Rail-Users.
12.3. In the event of any site(s) occupied by advertising matter under this contract
being required by the Railway Administration any time for the purpose or
use of the Railway or for any purpose deemed fit by the Railway
Administration, the Railway Administration shall be entitled without notice
to take dorvn and remove the advertising matter occupying such site or sites
and to use the site or sites for the purpose or use of theRailway or as deemed fit
and in such an event, the Licensee shall not be entitled to any compensation,
except for proportionate reduction in license fee.
12.4. The Railway Administration reserves the right to shift or relocate an
advertisement mediafor administrative or any other unforeseen reasons. In such
case, the same shall be carriedout the by the Licensee as advised by Railway
administration. No compensation in this regard shall be admissible except
proporrionate reduction in license fee.
13 E lectrical Connections :
13.1. Wherever electrical connections are required for the advertisements (existing
sites and new sites), the Licensee should submit the application to ST.DCM
within 15 days from the date of generation of bid sheet. The Commercial
Inspector/ Supervisor nominated for co-ordination with the Licensee will
forward the application to ST.DEE's office. The Commercial lnspector will
pursue the matter rvith the Electrical Department. There is no need for the
licensee to directly deal rvith ST.DEE's office. Once permission comes from
electrical department, the same lvill be communicated to the licensee. For all
purposes, ST.DCM's office and the nominated Commercial Inspector will be the
single point of contact for the Licensee.
13.2. Licensee will bear the cost of electrical estimate, meter charges, electrification
charges and electrical consumption charges, apart from License Fee of the
contract.
15. The licensee will be responsible for damages caused due to heavy winds,
storms, fire explosion, riots or other unforeseen causes and indemnifu the Railways on
account of the above mentioned causes.
16. The Railway Administration will not lay down any tariff for publicity for
individual sites. The Licensee is free to decide the tariff to be charged from its clients.
Changes in the tariff structure may be carried out by the Licensee as and when he desires.
17. Display should not hamper the mandatory boards displayed on the railway.area
such asRailway station name, important public and railway information, Demarcation of
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Class of Level Crossing Gates etc, and other such legends. Markings for identification
and public utility should not be altered.
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entirely on the licensee, irrespective of the cause w'hich caused the fall/
collapse of the advenising structurel materials.
21.3. In addition to recovering the entire cost of damages/ loss/ injury, the licensee
will be penalized with amount equivalent to First year's License Fee. The
contract rvill be terminated fonhwith and the Security Deposit & License Fee
will be forfeited by Railways.
21.4. The Licensee may also be debarred from participating in any publicity
contarct related e-Auction by Railways for a period up to 3 year.
21.5. Therefore, the Licensee has to do a thorough professional job while erecting
his structures and inspect those structures at required intervals. He should
also be alert to weather forecasting and in the event of adverse weather forecast
he should take all precautions (like lowering the Hoarding) so that the
structure/ material does not cause any accidents/ damage to railways, its
employees, passengers and assets.
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l*'rr*or^,rtv 6
Special Conditions of Contract for
Rail Display lYetrvork (RDN) contracts through e-Auction
I Various media through which advertisements can be done under this package/contract
are enumerated in the e-auction catalogue. Locations of the space, media type, total
area in square feet, for each station in this package are also detailed.
') The Bidder, before participating in the auction, should physically visit the sites of this
package and should satisfy themselves that they can display the advertisements at the
particular site/location, as per Law of the Land, by obtaining necessary permission
from appropriate authority, where ever required. They should also estimate probable
earning potential of each package. They may also, if deem suitable, engage the
experts to guide them during this survey purely on their will.
J The Railway Administration will not provide any advertisement display material like
structures for display of CCTVs, Glow sign, Boards, Flexi, Digital Screens, etc. The
Licensee will have to erect/Install display media at their orvn risk and cost.
6. Condittons for display of advertisements instde the station building: The Division will
clearly identify the locations where various media like hoardingslboards, wall
paintings, digital media can be displayed. The locations and sizes will also be decided
by the Division after due consultation with other departments.
6.1 Hoardings/Boards
i) Hoardings/ Boards should be erected as per sketches given by the Division.
ii) Hoardings should be erected to the boundary wall of the platforms only.
However, small sized hoardings can be permitted in concourse, General waiting
halls.
iii)Hoardings/ Boards should not hinder the passenger movement inside the
station building.
iv) Hoardingsl Boards are to be cleaned and attend necessary repairs at regular
intervals.
v) Boards fixed to the pillars of Cover Over Platform must be of uniform size.
vi) Boards mounted on to the angular of Cover Over Platform should be sturdy
and corrosion resistant.
vii) Hoardings/ Boards should not cover the railway signages, railway information
boards, coach indication boards, passenger information boards, etc.
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viii) Licensee should not obliterate railway information meant for passengers and
for purpose of raihvay while fixing Hoardings/ Boards.
7 The Licensee should ensure that the contents on digital display screens should be
displayed as per the following terms and conditions:
7.1 Advertisements displayed through the screens should enhance the passenger
satisfaction and keep them engaged in viewing by screening general
entertainment, social messages, news, movie snap shots & trailers, etc. apart from
advertisements.
7 .2 All the short frlms I audio visuals brought for display on digital screens in the
station are to be certified by the competent film censor board.
7.3 During major events like festivals, national, intemational games etc., Licenseoshall
ensure that there shall not be breach of lntellectual property rights (IPR) or
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8. Audio lev'els on Digital screens: Decibels of the digital screens shall be kept at
suitable gentle level so that it does not become a source of nuisance to the passengers.
The volume of announcements should be reduced during the night time. The Licensee
should ensure that at each station centralised button is provided to control the audio
levels on digital screens. In case of dispute about the volume levels, the decision of
ST.DCM will be final.
9. Tinte sharing on Digitat screens: The digital disflay screens installed inside the
station shall function round the clock. The sharing of display time in the screens will
be as per any one of the following two methods:
Method - l: The licensee can divide each digital screen into two equal parts. Raihvay
information will be displayed continuously in one paft. In the other part, the licensee
can display his advertisements on a continuous basis. However, if there are voice
announcements in the Railway half part, the voice should automatically get muted in
the advertisement half part of the digital screen.
Method - 2: The Iicensee can display Railway information in the entire digital screen
for a minimum of 5A% of the display time. The rest can be used for the
advertisements. In this method, the licensee should have a data logger for inspection
and audit by Railways to cross check whether the licensee is actually disptaying
Railway information as laid down above. This data should be available for a
minimum period of 3 months.
t0. D i s s em i na t i o n of Ra i lw qt - r e I at e d i nfo rm a ti o n :
10.1 Senior Divisional Commercial Manager will communicate to the Licensee the
approved format of the text and display material duly indicating the interval for
disseminating railway related information and advertisements.
10.2 The Licensee shall accept for telecasting the display material and the
DVDs/CDs supplied by the Senior Divisional Commercial Manager.
10.3 Railway information shall be given priority over other contents and other
advertisements during critical events, such as, cyclones, accidents, bandhs, rail
rook agitations, which result in cancellation/diversion of trains, change in train
schedule, etc.
1.0.4 The Railway related information should be displayed free of cost by the
Licensee and there will be no reduction of Licensee fees for this.
t 1. Physical security of all the display materialslmedia installed inside the station
building is at the risk of Licensee aad Railways will not be provide any security for
them.
l4 The Licensee shall be responsible for all the consequences arising on account of rules/
laws in connection with screening of audio visual films on display material inside the
Station Building.
r5. Displalt authority: Display Authority for display of advertisements under this package
will be issued only on receipt of Security Deposit and the license fee for the first
quarter. The Display Authority will be issued by the offrce of Senior Divisional
Commercial Manager.
16.4 Wherever electrical connections are required for the advertisements (existing
sites and new sites), the Licensee will submit the application to Sr.DCM. The
Commercial Inspector/Supervisor nominated for co-ordination with the Licensee
will forward the application to ST.DEE's office. The Commercial lnspector will
pursue the matter with the electrical department. There is no need for the licensee
to directly deal with ST.DEE's office. Once permission comes from electrical
department, the same will be communicated to the licensee. The Licensee has to
bear the cost of electrical cables from the nearest Railway source as well as the
monthly electricity bill charges.
of the entire premises and identified the locations, area and type of media at each
locatio# station. tn the normal course, there will not be much scope to again
discover new sites or additional area in each media and at each station. How'ever,
the licensee being a professional advertising agency, may come out rvith an
innovation- new idea or discover a potential location for a particular media.
Restricting the licensee to the quantities estimated in the contract will amount to
placing an embargo on the creative potential of an advertising agency/ licensee.
20.2 In order to tap this potential, within the estimated quantity in a particular
media and at a particular station, the locations of the medilitems can be changed
subject to feasibility and approval by Sr.DCM.
2t The advertisentent rights: The advertising rights under the License Agreement will
vest with the Successful Bidder. All advertisers/ recognized agents or other persons
wishing to advertise will have to deal directly with the Licensee and they will have no
dealing with the Railway or make any claim on the Railway for any commission, etc.
1'
JJ Sub-letting of license: The Licensee shall not assign, transfer, sublet or sell the
contract right granted to his/her by way of license to any person and such action shall
result in the license automatically getting cancelled resulting in forfeiture of the
license fee and security deposit. Further, Railways may alsoban the business dealings
with the firm.
24.3 In the event of any site(s) occupied by advertising matter under this contract
being required by the Railway Administration any time for the purpose or use of
the Railway or for any purpose deemed fit by the Railway Administration, the
Raihvay Administration shall be entitled without notice to take down and remove
the advertising matter occupying such site or sites and to use the site or sites for
the purpose or use of the Railway or as deemed fit and in such an event, the
Licensee shall not be entitled to any compensation, except for reduction in
proportionate license fee.
24.4 The Railway Administration reserves the right to shift or relocate an
advertisement media for administrative or any other unforeseen reasons. [n such
case, the same shall be carried out the by the Licensee as advised by Railway
administration. Similarly, licensee can also request for shifting the location of a
particular item. The shifting can be done after approval of Railways.
27. The licensee will be responsible for damages caused due to heavy winds, storms, fire
explosion, riots or other unforeseen causes and indemnify the Railways on account of
the above mentioned causes.
28. The Railway Administration will not lay down any tariff for publicity for individual
sites. The Licensee is free to decide the tariff to be charged from its clients. Changes
in the tariff structure may be carried out by the Licensee as and when he desires.
29 Display should not hamper the mandatory boards displayed on the railway area such
as Railway station name, important public and railway information, etc., Markings for
identification and public utilify should not be altered.
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31. Ad,-ertisentents not permitted for displa_y-: The Licensee is required to follow
Central/State Laws for display of advertisements. Advertisements that are
objectionable in the eyes of law or otherwise prohibited for display. The following
advertisements, amongst others, are not permitted for display:
(a) Advertisements of alcoholic drinks.
(b) Advertisements against background scenes which are erotic in character.
(c) Competitive advertisements from Road Transport/Air lines companies
(d) Advertisement from Private Insurance companies offering policies against
Railway Accidents.
(e) Adve*isements of Cigarettes, Bidis and other Tobacco products.
33.4 Therefore, the license has to do a thorough professionaljob while erecting his
structures and inspect those structures at required intervals. He should also be alert
to weather forecasting and in the event of adverse lveather forecast he should take
all precautions (like lorvering the Hoarding) so that the structure/material does not
cause any accidents/damage to raihvays, its employees, passengers and assets.
31 Removal of advertisements at the end of the contract: The licensee shall remove the
advertisement material like Hoarding, Structures, Digital Display Equipments etc.,
from the Railway premiseswithin Seven (07) days at his own cost, failing which
Railways will do the job and deduct the money from security deposit.
36. lulandatory updation of labour data on railways shramik kalyan portal bv licensee:
The Licensee shall abide by the provisions of Payment of Wages Act and Minimum
Wa-res Act. In order to ensure the same, an application has been developed and hosted
on website'wwlv.shramikkalyan.indianrailways.gov.in'.
The Licensee shall register his firm/company etc. and upload requisite details of
labour and their payment in the above portal. These details shall be available in public
domain. The Registration/updation of Portal shall be done as under:
(a) Licensee shall apply for onetime registration of his companylfirm etc. in the
Shramik Kalyan portal with requisite details subsequent to issue of Letter of Award.
(b) Senior Divisional Commercial Manager(Sr.DCM) of the division shall approve
the Licensee's registration on the portal within 7 days of receipt of such request.
(c) Licensee once approved by Senior Divisional Commercial Manager of the
division, can create passr.vord with login ID (PAN No.) for subsequent use of portal
for all contractsissued in his favour.
(d) The Licensee once registered on the portal, shall provide details of contracts on
Shramik Kalyan portal within 15 days of issue of any contractfor approval of
concemed. ST.DCM of the division shall update (if required) and approve the details
of contractfilled by Licensee within 7 days of receipt of such request.
(e) After approval of contract databy Sr.DCM, Licensee shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage payment to
them on shramikkalyan portal on monthly basis.
(f) It shall be mandatory upon the Licensee to ensure correct and prompt uploading of
all salient details of engaged contractual labour and payments made thereof after each
wage period. Licensee shall submit a certificate to the ST.DCM that "I have uploaded
the correct details of contract labours engaged in connection with this contract and
payments made to them during the wage period in Railway's Shramik kalyan portal at
' www.shramikkalyan. indianrailways. gov. in'.
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37. Termination of contracl: In case of breach of any conditions of the contract as - (a)
non-commencement of the work within the prescribed time limit, or (b) Non-payment
of license fee as per the prescribed time-limit.
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t. If for any reasons, the Railway administration asks the contractor to remove any allotted
advertisement, the same should be removed by the contractor at his own cost within the
time permitted.
2. ln case of expiry of contract, if the display is not removed, the licensee will be liable to
till its actual removal
pay three times of the tender rate as penalty for such over displays
of display. In addition, the Railway Administration has right to take away all such
advertisement materials at the Licensee's cost.
3. By way of any litigation, even if any injunction is granted in favour of the licensee, the
licensee is liable to remove the display upon expiry of contract by efflux of time as a
bona-fide licensee. For such over display, the licensee shall be charged three times of the
final years' licensee fee.
4. Raihvay administration may impose suitable finel penalty for any misconduct/
irregularity/ failure on part of licensee or any of his employee, as under:
I rregu larity/ ct
m ts c o n du Penalty (in Rl
Any licensee's staff found drunk/indulging
in bad conduct after proper charge
investigation
Any staff of the licensee found creating
nuisance on duty
Any other inegularity or misconduct
5. Termination of contract: Incase of breach of any conditions of the contract as: (a) Non-
cofilmencement of the work within the prescribed time limit, or (b) Non-payment of
license fee after corrmencement of the contract beyond 60 days from the due date.
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Special Conditions of Contract for
Advertisement on Mobile Assets contracts through e-Auction
the License fee due to any such change in the Advertising Asset(s)/
Advertising Location(s) proposed.
4.12 The advertisements should be displayed without spoiling the appearance of the
train. Aesthetic and beautiful advertisements must be displayed.
4.13 The licensee shall erect/ display the advertisement in such a manner that they
do not obstruct the view of display of advertisement in the vicinity and
Railway signage and information boards.
4.14 The changes in the dimensions of the displays may be permitted subject to its
feasibility.
4.15 The licensee shall realign, readjust or shift the displays whenever called upon
by the competent authority to do so at his or,vn cost without claiming any
compensation.
5 Penalty clause:
5.1 If the licensee display advertisement in excess of area approved by the
Railway Administration in the advertisement plan without prior approval from
the Railway Adrninistration, then the Licensee is liable to be charged for such
excess area three times of the final year's license fee.
5.2 Such charges shall be applicable from the date of commencement of the
contract till the date of detection.
5.3 In addition to the above, the licensee will be liable to be charged for each
occurrence, a penalty ranging from Rs.1,000/- and up to Rs.25,000/- per
instance which may be levied by the competent authority viz ACM - up to Rs
10,0001-; DCM - up to Rs 15.000/-; ST.DCM - up to Rs.20,000/-; and CCM -
up to Rs 25,0001-.
5.4 Such excess display, if found feasible, can be regularized on
application/request by the licensee from the date of detection till the balance
period of contract at the discretion of the Railway Administration by payrng
the prevailing rate of License fee.
5.5 If the continuation of such excess display is not agreed by the Railway
Administration, then the same has to be removed by the licensee at its own
cost within seven days from the date of such intimation for removal by the
railway administration.
5.6 Further, if the licensee does not adhere to safety guidelines or does not adhere
to hallmarking on the advertisement as indicated in the tender form, is liable to
pay the penalty as mentioned in para 5.3 above for each instances.