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Special Conditions NFRContracts

The document outlines the special conditions of contract for e-auctioning non-fare revenue assets by the Ministry of Railways, including guidelines for co-branding contracts, advertisement restrictions, and penalties for non-compliance. It specifies the responsibilities of the licensee regarding installation, maintenance, and removal of advertising materials, as well as tax obligations. Additionally, it emphasizes the need for proper authorization and adherence to safety regulations during the execution of contracts.
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0% found this document useful (0 votes)
101 views26 pages

Special Conditions NFRContracts

The document outlines the special conditions of contract for e-auctioning non-fare revenue assets by the Ministry of Railways, including guidelines for co-branding contracts, advertisement restrictions, and penalties for non-compliance. It specifies the responsibilities of the licensee regarding installation, maintenance, and removal of advertising materials, as well as tax obligations. Additionally, it emphasizes the need for proper authorization and adherence to safety regulations during the execution of contracts.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 26

$ITkt {fC['R /Government of India

ls {'Trcq / Ministry of RailwaYs


(tsa dCt I (Railway Board)
No. 2022 INFR/ 1 i /E-Auction New Delhi
E-office no. 3393430 Dated: L4.06.2022

(Commercial Circular no. 14 of 2o.221

The General Managers


All Indian Railways and
Metro Railway, Kolkata

SubJect: E-auctioning of non-fare revenue assets - issuance of


'special Conditions of Contract' - regarding
The policy for e-auction of commercial earning and non-fare revenue
contracts along with 'standard Conditions of Contract' have been issued vide
Freight Markeiing Circular no. 11 of 2022 (No. 2O22ITC (FM) llolo4l dated
t3.06.2022.

2. Inconsequence of the above, 'special Conditions of Contract,' duly


approved by the competent authority for the non-fare revenue contracts, is
enclosed.

3. In the case o[ co-branding contracts, the tax liability shall be on the


contractor under RCM even in case of non-registered firms (and they shall be
required to get themselves registered) in terms of section 24 of CGS Act, 2017,
read with Notification no. t3l2o17-Central Tax (Rate) dated 28.06-2017.

4. This issues with the approval of Finance Directorate of Ministry of


Railways.

Receipt of this letter may please be acknowledged

(Sharad
[a u.,
Executive Director (TCI/G
Tele.: 011 23047489
Email: sharad. [email protected]

Room No.433-A, Rail Bhavan, Raisina Road, New Delhi - 110001


Page 1 of 3 Hrna"e-X t,r.A, -D
Special Conditions of Contract for
Station Co-Branding contracts through e-Auction

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.

5. Penolty for utilization of advertisement areo:


excess
a. The Licensee shall display the advertisements only in the area allotted and as
specified in thisAuction or as approved in the advertising plan. There shall be
no compensation from theRailwaysidefor lessutilizationofspace.
b. If it is found by Railways that the Licensee is utilizing excess display area
without priorapproval of Railways, then a penalty amount equivalent to three
times of the final year'slicense fee of the excess area utilized will be levied
from the date of cofilmencement ofcontract and up-to date of
detection.Thereafter, normal proportionately enhanced license fee will have to
be paid by the bidder till the end of the contract.
c. However, the licensee can always apply in advance for increasing the area of
displaying of a particular site. Subject to approval from other departments in
Railways, the additional area up to 30Yo will be permitted on payment of
proportionate license fee from the date of permission.
d. The quantum of penalty is subject to the maximum penalty as described in the
standard conditions of the contract.

6 If any area included in the contract is subsequently required by the Railway


administration the same should be vacated forthwith and alternate area will be -
compensated based on the feasibility of Railway administration.
Page 2 of 3

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.

15 On generation of bid sheet, all payments are required to be made/should be cleared to


the Railways within the timeframe stipulated and the proposal for installation of
station-branding items is to be submitted with detailed Engg. Plan, drawing and
design. The licensee shall start execution of the work at the allotted space only after
depositing necessary License Fees, and Cess Charges in full and submission of Engg.
Plan, drawing and design.

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.
Page 3 of 3

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.
Page 1 of 1
ftrwter,,^,ta -€'

Special Conditions of Contract for


Automated Teller Machines (ATMs) through e-Auction

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.

4. Advertisements not permittedfor display:


a. The Licensee is required to follow CentraU State Laws for display of
advertisements. Advertisements that are objectionable in the eyes of law or
otherwise prohibited for display. The following advertisements are not permitted
for display:
i. Advertisements of alcoholic drinks.
ii. Advertisements against background scenes which are erotic in character.
iii. Competitive advertisements from Road Transport/Air lines companies.
iv. Advertisement from Private lnsurance companies offering policies against
Railway Accidents.
v. Advertisements of Cigarettes, Bidis and other Tobacco products.
*******
Page 1 of7
[)",, r*-"r:tt - ?
Special Conditions of Contract for
Out-of-Home Advertising contracts through e-Auction

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.

3. All advertisement activities like pasting or removing of flexi, mounting/


dismounting of uni-poles, etc, are sole responsibility of the licensee. In case of repairs to
display and replacement due to wear and tear, the Licensee should take up the work at his
own 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.

5. DisplaSt Plan and Procedurefor


Display of Adverttsements:
5.1. The Office of the Senior Divisional Commercial Manager (Sr.DCM) will be
the single point contactfor the Licensee. ST.DCM should carry out the
necessary correspondence with Senior Divisional Engineer (Sr.DEN), Senior
Divisional Electrical Engineer (Sr.DEE) and other branches for obtaining
necessary approvals for early commencement of the Contract.
5.2. Details like location of the display site, area available for display, media of
display are given in the Auction catalogue. At these sites/ locations, if there
are existing advertisement displays at some locations, then the licensee can
go ahead rvith displaying advertisements at such locations after date of
commencement of contract. There is no need for separate display permission
from ST.DCM's Office for such sites.
5.3. However, where new sites have been identified and where there are no
existing advertisements, then the licensee has to submit a proper display plan
within 15 days from the date of generation of bid sheet to the Sr.DCM. In
such cases, the display of advertisements can commence only after receiving
permission from the Office of Sr.DCM.
5.4. Display plan should consist of location plan, media display plan, struchrral
designs duly certified by a Registered Structural Engineer, electrical points,
structural cabling sketch, etc, for approval of Railways. If there are any
changesl modifications, ST.DCM Office will communicate to the Licensee
within Fifteen (15) days from the date of receipt of the Display Plan.
5.5. 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 Bid Sheet. The Commercial Inspector/

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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.

6. Permissiotrs from Outside Agencies for Displal; Advertisements:


It is personal responsibility of the Licensee to take all kinds of permissions/ No objection
certificates (NOCs) fi'om outside agencies like Municipal Authorities, National Highway
Authority, and other statutory bodies as required under law in force from time to time, to
enable him to display their material. Licensee has to pay the fee or any other charges
directly to concerned authority at his own.

7. Penaltyfor excess utilization of advertisement area:


7.1. The Licensee shall display the advertisements only in the area allotted and as
specified in thisAuction or as approved in the advertising plan. There shall
be no compensation from the Railway side for less utilization of space.
7.2. If it is found by Railways that the Licensee is utilizing excess display area
lvithout prior approval of Railways, then a penalty amount equivalent to
three times of the final year's license fee of the excess area utilized will be
levied from the date of commencement ofcontract and up-to date of
detection. Thereafter, normal proportionately enhanced license fee will have
to be paid by the bidder till end of the contract.
7.3. However, the licensee can always apply in advance for increasing the area of
displaying of a particular site. Subject to approval from other departments in
Railways, the additional area up to 30% will be permitted on payment of
proportionate license fee from the date of permission.
7.4. The quantum of penalty is subject to the maximum penalty as described in
the standard conditions of the contract.

8. Identification of additional area:


8.1. By Railways; Additional Area can be offered during the course of contract:
8.1.1. In order to take advantage of the professional expertise of the licensee,
the licensee can be given additional display area over the area
Auctioned in the Auction document subject to payment of additional
rent/ license fee on pro-rata basis.
8.1.2. For these additional areas, the contract period falling under License
Fee escalation years, the escalated license fee will be charged irrespective
of the fact as when the permission for the additional area was granted.
8.2. By Licensee:
8.2.1. If
the Licensee intends to increase the size of the structure or area, the
Licensee shall submit the proposal for the same to Senior Divisional
Commercial Manager.
8.2.2. Senior Divisional Commercial Manager will approve the proposal after
consultation with respective departrnents and then communicate to
Licensee.
8.2.3. The License fee will be levied as per the rate quoted and escalation, if
any. The License Fee will be collected from the date of issue of
permission letter. Additional license fee will be applicable for the

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additional areas on pro-rata basis.


8.2.4. For these additional areas, the contract period falling under License Fee
escalationyears, the escalated license fee will be charged irrespective when
the permission was given for the additional area.

9 Maintenance of display boards:


9.1. Day-to-Day upkeep of the advertisements including installation/
fabrications/ painting/ wrapping/ mounting/ dismounting/ removal or repairs
during the period of contract shall be the responsibility of Licensee
completely at their own risk and cost. The work should be executed under
the supervision of a qualified supervisor of the Licensee.
9.2. The Licensee should regularly maintain, replace the torn, damaged displays
immediately and also carry out maintenance and strengthening of fixtures,
fittings, installation for safety reasons at Licensees' own cost, under
supervision of commercial & engineering staff.
9.3. The structure should be painted from time to time to avoid them from getting
rusted.

10. The Advertisement Rights:


The advertising rights under the License Agreement lvill vest with the Successful
Bidder.All advertisers/recognized agents or other persons wishing to advertise will have to
deal directlywith the Licensee and they will have no dealing with the Railway or make
any c laim on theRailwayforanycommiss ion,etc.

1 1.Engagement of agencies b.,* licensee:


The Raihvay Administration has no objection, if the Licensee engages other companies,
concerns/ Agencies for the pu{pose of execution of fabrications, painting and selling
advertisement space directly to users. The engaging of such companies/ concerned agencies,
etc, for the purpose of execution of fabrication, installation, painting, selling of space, etc.
will be entirely at the Licensee's own risk and cost.

12. Sub-letting of license:


The Licensee shall not assign, transfer, sublet or sell the contract right granted to himlher
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. Railway's
rights:
12.1. The Railway reserves the right to declare or notify any area to be exempted
from the scope of the auction at any time during the currency of the contract
for the purpose of Railway usage and functioning of Railway system. This
exemption will become neither a cause for the breach of contract, nor the
Railway Administration is liable to pay any type of compensation or damages
to the Licensee. However proportionate reduction in license fee will be given
if display boards or other structures are removed as per direction of railways
and if other suitable location is not available to relocate the same in allotted
package. The Licensee has the right to refuse the alternative location or
Railway and licensee can negotiate a lower rate prevailing in the altemative
location.
12.2. The Railway Administration reserves the right to display by any media the
Railway advertisements/ information/ slogans/ posters/ passenger amenities/

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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.

14. Display of details of licensee on advertisements: The Advertisement agency should


displaythe size of advertisement, contact number, period of contract and name of agency
in every advertisement displayed by him in the nominated area, failing which, penalty
will be imposed by railways.

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.

18. Display conditions:


18.1. Hoardings near LC Gate and Track Approaches: Distance of the hoarding/
board from the center line of Track should be minimum 'Height of the Hoarding
from the ground level to the TOP t 3 meters.'
18.2. Wherever track is in curve, board should be located outside of the cruve.
18.3. Display of Advertisements shall conform to the following:
(a) Advertisement displayed should not offend public taste.
(b) Advertisement displayed should not propagate any religion or religious
belief.
(c) Advertisement displayed should not have any communal andlor regional
bias.
(d) Advertisement displayed should not use the name and pictorial representation
of National Leaders, martyrs for trade and business purpose.
(e) Advertisement displayed should not have a picture of a particular leader of
a particular section or region.

19. Advertisements not permittedfor d*play:


The Licensee is required to follow CentraV State Laws for display of advertisements.
Advertisements that are objectionable in the eyes of law or otherwise are prohibited for
display shall not be permitted.
The following advertisements amongst others are not permiued for display:
(a) Advertisements of alcoholic drinks.
(b) Advertisements against background scenes which are.erotic in character.
(c) Competitive advertisements from Road Transport/ Airlines companies
(d) Advertisement from Private Insurance companies offering policies against
Railway Accidents.
(e) Advertisements of Cigarettes, Bidis and other Tobacco products.

20 Remo,-al of Advertisements in the event of termination of the contract:


20.1. The licensee shall remove the advertisement material like Hoarding,
Stmctures, Uni-Poles/ Uni-Structures, etc, from the Railway premises within
07 days at his own cost from the date of receipt of intimation of termination
Ietter.
20.2. lfthe licensee fails to remove it within the period specified above, the
Railway Administration shall be at liberty to remove and dispose of the said
material in anymanner as deemed fit. The cost of such removal and disposal
will be deducted from the Security Deposit of the licensee.

21. Advertisement structures leading to ratlway accidents:


21.1. Due to various reasons such as:
(a) Faulty design of the hoarding.
(b) Inferior materials used in the Hoarding Structure.
(c) Heavy-winds, etc,
21.2. The hoardings and other structures can fall on the rail track or on trains or on
the other Railway Installations. In all such cases, the liability for the
consequent damage, loss, injury, etc, arising out of such accidents will be

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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.

22. Remo,*al of advertisements at the end of the contract:


The licensee shall remove the advertisement material like Hoarding, Structures, Uni-
Poles/ Uni-Structures, Digital Display Equipment's etc.., from the Railway premises
within Seven (07) days at his own cost, failing which Railways will do the job and deduct
the money from Security Deposit.

23 lulandatory updation of labour data on ratlwa.,-s' shramik kafian portal by licensee;


23.1. The Licensee shall abide by the provisions of Paym6nt of Wages Act and
Minimum Wages Act. In order to ensure the same, an application has been
developed and hosted on website
'wrvw. shramikkallran. indianrailways. gov. in'.
23.2. 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 one time registration of his company/ firm
etc. in the Shramik kalian portal with requisite details subsequent to issue of
Letter of Award.
ibl SeniorDivisional Commercial Manager (Sr.DCM) of the division
shall approve the Licensee's registration on the portal within 07 days of receipt
ofsuch request.
tc) Licensee once approved by Senior Divisional Commercial Manager
of the division, cancreate password with login ID (PAN No.) for subsequent
use of portal for all the contracts issued in his favour.
td) The Licensee once registered on the portal, shall provide details of
his contract on Shramik kalyan portal within 15 days of issue of confact for
approval of concerned. ST.DCM of the division shall update (if required) and
approve the details of contract filled by Licensee within 07 days of receipt of
such request.
G) After approval of contract by 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 shramik kalian portal on monthly basis.
t0 It shall be mandatory for the Licensee to ensure correct and prompt
uploading of all salient details of engaged contractual labour and payments

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made thereof after each wage period.


tgl 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 kalian portal at
'www. shramikkalyan. indianrailways. gov. in'.
*******

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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.

4. AII advertisement activities like pasting or removing of flexi, mounting/dismounting


of boards/troardings, digital screens etc., are sole responsibility of the licensee. In case
of repairs to displayed advertisements and replacement due to wear and tear, the
Licensee should take up the work at their own cost.

5 Licensee shall not interfere with the Railway infrastructural facilitieslpassenger


amenities provided or any other installations of the Railways without prior written
permission of the Senior Divisional Commercial Manager.

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.
Page 2 of 10

viii) Licensee should not obliterate railway information meant for passengers and
for purpose of raihvay while fixing Hoardings/ Boards.

6.2 Glorv Sign Boards:


i) Glow sign Boards should be erected as per sketches given by the Division.
ii) The glow sign boards should be sturdy, corrosion resistant and uniform in size
& display. The material for fabrication of the boxes should be preferably powder
coated aluminium sheet or fibre-glass.
iii) The glow sign boards meant to be installed without any shelter or roof above
should be so designed as to prevent entry of water inside, even under heavy rains.
Weather proof polymer linings should be used.
iv) The glow sign boards should have LED lights of standard make with ISI mark
or of reputed brands and complete with all fittings including wiring etc., Adequate
lights should be used for the glow sign boards to have uniform and effective
illumination inside the station building.
v) Electrical wires should be properly secured and concealed in order to avoid its
loose dropping. Electrical insulations and safety aspects should be ensured by the
Licensee.

6.3 Digital Displa.v Sueens (Digital wall):


i) While planning for locations for installation of digital screens inside the station
building, passenger movement areals and other environmental factors should be
taken into consideration. For example - the incidence angle of sunlight that may
cause reflection and thus affect content's visibiliry to passengers.
ii) The bidder has to install, operate and maintain the digital screens at his own
cost during the currency of the contract. Railways will not provide any sen'ice or
warranty to the screens installed for the purpose. All the material and equipments
shall be new and of high quality. Domestic level equipments should not be used
for display of advertisements, screens are to be replaced in case of repeated
failures. The installation of digital display screens should be of one time set up.
iii) The display screens should have various mounting options for various
locations inside the railway stations which will be suspending from the wall, from
the roof top, mounted on a pole and any other structure available and suitable for
viewing.

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
Page 3 of 10

infringement of rights and should follow all advertisement guidelines issued by


Ministry of Information and Broadcasting (I&B).

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.

t2 In case of any disputes regarding the display on digital screens or positioning of


screens with respect to Out of Home agency boards/screens or any disputes or
Page 4 of 10

difference with Railway Information Boards, the decision of Senior Divisional


Commercial Manager willbe final and binding.

l3 Certain stations have been identified under station redevelopment programme by


Raihvays. The licensee shall not have any objection in relocating the display material,i
screens as and when the repairs works are undertaken under Station Redevelopment
Programme. Further, during execution of certain developmental works by Railways
like Foot Over Bridges, Lifts, Escalators, Cover Over Platform, extension of Station
Building, Platform extension, etc., some advertising material may have to be removed
or relocated for the duration of the rvork going on. There will be no compensation
from Railways for such relocation/removal. There will be no reduction in license fee
as rvell. Once works are completed, such advertisements will be permitted to display
again.

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. Displav plan and procedurefor displa",' of advertisements


16.1 The Ofiice of the Senior Divisional Commercial Manager will be the single
point contact for the Licensee. Senior Divisional Commercial Manager (Sr.DCM)
should carry out the necessary correspondence with Senior Divisional Engineer
(Sr.DEN), Senior Divisional Electrical Engineer (Sr.DEE) and other branches for
obtaining necessary approvals for timely commencement of the Contract.
16.2 Details like station-wise locations of the display site, area available for
display, media of display earmarked in the contract will be as per details
mentioned in the auction catalogue. At these sites/locations, if there are existing
advertisement displays at some locations, then the licensee can go ahead with
displaying advertisements at such locations after date of contmencement of
contract. There is no need for separate display permission from ST.DCM's Office
for such sites. However, where ner,v sites have been identified and where there are
no existing advertisements, then the licensee has to submit a proper display plan to
the ST.DCM well in time. In such cases, the display of advertisements can
commence only after receiving permission from the Office of Sr.DCM. Delay in
approval due to late submission of display plan by the contractor shall be borne by
the contractor.
16.3 Display plan should consist of location plan, media display plan, structural
designs, electrical points, structural cabling sketch etc., for approval of Railways.
If there are any changes/modifications, Sr.DCIWOffice will communicate to the
Licensee within Fifteen (15) days from the date of receipt of the Display Plan.
Page 5 of 10

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.

t7, Permissions from outside agencies for d*play adu-ertisements: It is personal


responsibiliry of the Licensee to take all kinds of permissionsA.,lo objection
certificates (NOCs), lvhere ever required, from outside agencies like Municipal
Authorities and other statutory bodies as required under law in force from time to time
to enable him to display their material. Licensee has to pay the fee or any other
charges directly to concerned authority at his own.

18. Penaltltfor excess utilisation of advertisement Area:


l8.l The Licensee shall display the advertisements only in the area"inumbers
allotted and as specified in this tendq or as approved in the advertising plan.
18.2 If it is found by Railways that the Licensec is utilising excess display area
without prior approval of Railways, then a penalty amount equivalent to three
times of the final year's license fee of that site/arealboard will be levied from the
date of commencement of contract and up to date of detection. Thereafter, normal
license fee will be levied till end of the contract.
18.3 However, the licensee can always apply in advance for increasing the area of
displaying of a particular site. Subject to approval from other departments in
Railways, the additional area will be permitted.

19 Maintenance of display boards:


19.1 Day-to-Day upkeep of the advertisements including installation/ fabrications/
painting/ wrapping/ mounting/ dismounting/ removal or repairs during the period
of contract shall be the responsibility of Licensee completely at their own risk and
cost. The work should be executed under the supervision of a qualified supervisor
of the Licensee.
19.2 The Licensee should regularly maintain, replace the tomldamaged displays
immediately and also carry out maintenance and strengthening of fixtures, fittings,
installation for safety reasons at Licensees own cost, under supervision of
commercial & engineering staff.
19.3 The structure should be painted from time to time to avoid them from getting
rusted.

20. Identification of new sites and additional area:


20.1 Unlike in Out of Home advertisements, in inside station advertisements, the
area and premises given for advertisements are well defined and confined to inside
the station premises. Therefore, the office of ST.DCM has done a thorough survey
Page 6 of 10

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.

22, Engagentent of agencies by licensee: The Railway Administration has no objection, if


the Licensee engages other Companies, Concerns/ Agencies for the purpose of
execution of fabrications, painting and selling advertisement space directly to users.
The engaging of such companiesl concerned agencies, etc., for the purpose of
execution of fabrication, installation, painting, selling of space, etc. will be entirely at
the Licensee's own risk and cost.

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, The Railway rights:


24.1 Railway reserves the right to declare or notify any area to be exempted from
the scope of the tender at any time during the currency of the contract for the
purpose of Railway usage and functioning of Railway system. This exemption
will become neither a cause for the breach of contract, nor the Railway
Administration is liable to pay any type of compensation or damages to the
Licensee. However proportionate reduction in license fee will be given if display
boards or other structures are removed on a permanent basis as per direction of
railways and if other suitable location is not available to relocate the same in
allotted package. The Licensee has the right to refuse the alternative location.
24.2 The Railway Administration reserves the right to display by any media the
Railway advertisements/ information/slogans/posters/ passenger amenities/ 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.
Page 7 of 10

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.

25. trtcal co nnect ions :


E lec
25.1 Wherever electrical connections are required for the advertisements (existing
sites and new sites), the Licensee will submit the application to Sr.DCM. The
Commercial InspectorlSupervisor nominated for coordination with the Licensee
will fonvard 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 from electrical
department, the same will be communicated to the licensee. For all purposes,
ST.DCM's office and the nominated Commercial Inspector rvill be the single point
of contact for the Licensee.
25-Z Licensee will bear the cost of electrical estimate, meter charges, electrification
charges and electrical consumption charges apart from License Fee of the
conkact.
25.3 Dwing the power failure, Licensee has to make alternative arrangements like
arranging UPS backup, for all the systems to ensure unintemrpted functioning.

26. Dtsplalt of details of licensee on advertisements: The Advertisement agency should


display the size of advertisement, contact number, period of contract and name of
agency in every advertisement displayed by him in the nominated area, failing which,
penalty will be imposed by 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.
Page 8 of 10

30 Displa.v conditions.' Display of Advertisements shall conform to the following:


(a) Advertisement displayed should not offend public taste.
(b) Advertisement displayed should not propagate any religion or religious belief.
(c) Adve*isement displayed should not have any communal and regional bias.
(d) Advertisement displayed should not use the name and pictorial representation of
national leaders, martyrs for trade and business purpose
(e) Advertisement displayed should not have a picture of a particular leader of a
particular section or region.

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.

32 Removal of adverttsement material in the event of terminatian of the contract:


32.1 The licensee shall remove the advertisement material like Hoarding,
Structures, Glow signs, Digital Display Screens/equipments etc., from the
Railway premises within seven (7) days at his own cost from the date of receipt of
intimation of termination letter.
32.2 If the licensee fails to remove it within th,e period specified above, the Railway
Administration shall be at liberty to remove and dispose of the said material in any
manner as deemed fit. The cost of such removal and disposal will be deducted
from the Security Deposit of the licensee.

Advertisement structrres leading to railway accidents:


t,
JJ
33.1 Due to various reasons including:
a) Faulty design of the hoarding.
b) Inferior materials used in the hoarding structure.
c) Heavy winds, etc.,
33.2 The hoardings and other structures can fall on the trains or on the other
railway installations. In all such cases, the liability for the consequent damage,
loss, injury, etc., arising out of such accidents will be entirely on the licensee,
irrespective of the cause which caused the falV collapse of the advertising
structure/materials.
33.3 In addition to recovering the entire cost of damages/ lossl injury, the licensee
will be penalised with amount equivalent to First year's License Fee. The contract
will be temrinated forthwith and the Security Deposit & License Fee will be
forfeited and confiscated by Raitways. The Licensee may also be debarred from
participating in any tenders up to a period of three (03) years.
Page 9 of 10

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.

35. Sites/locations exempted for displav of advertisentents inside building: All


the station
the stalls viz., catering stalls, bookstalls, etc., and Pay & Use Toilets, ATMs,
w'eighing machines, ATVMs, CoTMVfs, Dual Display Information System, erc.

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'.
Page 10 of 10

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.
*******
Page 1 of 1 l*.rrnex^*t-t --l<

Standard Conditions of Contract for


Content on Demand contracts through e-Auction

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

Any amount imposed as a fine by Raihvay Administration for irregularities


committed by the contractor, has to be paid within 15 days period failing which it
will be treated as breach of agreement.

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.

6. Advertisem ents not permified


for display :
a. The Licensee is required to follow CentraVstate 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:
b. Advertisements of alcoholic drinks.
c. Advertisements against background scenes which are erotic in character.
d. Competitive advertisements from Road Transport/Air lines companies
e. Advertisement from Private Insurance companies offering policies against
Railway Accidents.
f. Advertisements of cigarettes, Bidis and other Tobacco products.

*******
Page 1 of 3 frrr^r"-gx^rU - I
Special Conditions of Contract for
Advertisement on Mobile Assets contracts through e-Auction

I As and when extra area is identified, display of Advertisement may commence in


consultation with ST.DME or CDO and will be charged on pro-rata basis, which will
be co-terminated along with the original contract period. License fee may be modified
proportionately (on pro-rata basis) owing to conversion of ICF coaches to LHB
coaches or de-augmentation of coaches.

2 Form of Advertisement Plan: Every advertisement displayed shall mandatorily cany


hallmarking rvith details as below in desired location (right/left & top/bottom)
Name of licensee: (Individual/ Firm)
Period of license: (From & To)
License awarded by: Division/ Railway awarding the contract.

3. Submission of Advertising Plan:


3.1 For Vinyl wrapping of trains standard RDSO specifications, as mentioned in
the e-auction catalogue, should be strictly followed. RDSO specification
details are to be compulsorily complied on award of contract.
3.2 The contract should be carried out under supervision of C&W staff of
Mechanical Department. The party should approach ST.DME or CDO with
proper display authority to take prior permission to start the work. Parry should
follow instructions of Sr. DME or CDO being issued from time to time for
display of advertisement. The party should go to the place wherever the rake is
stabled to carry out the work.
3.3 On award of contract the Licensee shall have to submit design of the
advertisement for the approval to the office of Sr. Divisional Commercial
Manager (Sr.DCM), before the physical execution of work. Advertising Plan
has to be submitted within 15 days from the date of generation of bid sheet for
display of Advenisement.To such an Advertisement Plan, Railway shall offer
comments (acceptance/ modification) within period of 15 days from the date
of submission of Advertising Plan, subjected to feasibility, safety and
administrative reasons of identified assets. If the tenderer seeks additional area
during the contractual period, the same will be made available up to 30% on
approval on pro-rata basis for the period co-terminus with the contractual
period only. Pro-rata increase will be based on the rate as applicable per
Square Feet including conditions there on.
3.4 The decision of Railway Administration will be binding on the Licensee. Prior
approval to every Advertising Plan is mandatory and shall be submitted to the
offrce of Sr. Divisional Commercial Manager only. License Fee shall not be
adjusted to account for any exclusion of Advertising assets proposed by the
Licensee through Advertising Plan. Any modifications and revision in the
Advertising Asset(s)/ Advertising Location(s) as finalized in the Advertising
Plan approved by the Authoriry shall be to the risk of the Licensee and the
Authority confirms that there shall be no downward or upward adjustment in
Page 2 of 3

the License fee due to any such change in the Advertising Asset(s)/
Advertising Location(s) proposed.

4. Conditions for display of advertisement on coaches:


4.1 In case the display needs repairing and replacing due to wear and tear, the
agency should take up the work at hislher own cost under the supervision of
C&W staff. It is the responsibility of the Licensee to ensure that displays
pasted should be of good quality and should not damage the coaches.
4.2 Vinyl wrapping advertisement for exterior is permitted over the entire surface
of the side wall of the train coaches. Further contractor will ensure that the
information provided on the Rolling Stock remains clearly visible. Area
available for advertisement will be shown in the auction catalogue.
4.3 If the Railway Administration augments this train by way of additional
coaches, then the contractor should display advertisements on the newly added
coaches as well in order to make the rake look uniform. The additional area
will be charged on pro-rata basis.
4.4 Vinyl wrapping can be permitted on Rolling Stock due for POH also subject to
the provision that in case some work is to be carried out on the exterior of the
Rolling Stock during POH, vinyl wrapping shall be removed by the workshop.
Re-wrapping in such cases will have to be undertaken by the concerned
contractor at hislher own cost.
4.5 Change of advertisement may be permitted during the contract period. After
the completion of the contract, the Rolling Stock shall be restored back to their
original condition after removal of the vinyl wrap both from inside as well as
outside. Any damage to the surface will have to be restored by the concerned
contractor as per Railway's specifications at his/her own cost to the satisfaction
of ST.DME or his representative.
4.6 It will be the responsibility of the contractor to ensure that the Rolling Stock is
restored to its original condition after the expiry of the advertisement contract.
The security deposit or any other form of guarantee of the contract is to be
released only after certificate of no damage to Rolling Stock surface has been
obtained from the concerned ST.DME/ CDO.
4.7 The train services are as per Time tables declared and issued by the Railway
administration from time to time. The party cannot have any type of claims if
Railway makes any changes subsequently in the Train services.
4.8 Railway Administration will not be responsible for loss/damage caused to the
tenderer due to removaualteration/banning of advertisements.
4.9 The Railway Administration shall not be responsible for any loss or damage
caused to the successful tenderer due to total discontinuance of the scheme
under the agreement for any reason whatsoever.
4.10 The composition of Trains is fixed by the Railway administration as per the
requirement of the train services. The party cannot have any types of claims if
Railway make any changes in the composition of trains.
4-ll It is the personal responsibility of the Licensee to take all kinds of
{ permissionsA'{OCs from outside agencies like Municipality, Road Transport
Authority etc, where ever required.
Page 3 of 3

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.

6. Advertisements not permitted for display: The Licensee is required to follow


Centrali State Laws for display of advertisements. Advertisements that are
objectionable in the eyes of law or otherwise prohibited for display. The following
advertisements 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 lnsurance companies offering policies against
Railway Accidents.
e. Advertisements of Cigareffes, Bidis and other Tobacco products.
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