Out-Agency Agreement Overview
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Questions and Answers

If the Railway Administration uses a portion of the security deposit during the agreement, what must the Contractors do?

  • Inform the Financial Adviser and Chief Accounts Officer of the amount used.
  • Negotiate a new agreement with the Railway Administration regarding the security deposit.
  • Deposit an equal amount to the Financial Adviser and Chief Accounts Officer. (correct)
  • Request a refund of the security deposit from the Railway Administration.

    • What does the Railway Administration do if the Contractors fail to maintain the full security deposit amount?

  • Increase the security deposit amount to cover the shortfall.
  • Deduct the missing amount from any future payments due to the Contractors. (correct)
  • Suspend the agreement until the Contractors fulfill the requirement.
  • Immediately terminate the agreement and claim all outstanding sums.

    • When are the Contractors entitled to a refund of the security deposit?

  • After the agreement expires, only if they have fully settled all dues to the Railway Administration. (correct)
  • After the agreement expires, even if they have outstanding claims against the Railway Administration.
  • Only after the Railway Administration provides a written certificate confirming no outstanding claims.
  • Upon the completion of the agreement, regardless of any outstanding obligations.

    • What is the role of the Financial Adviser and Chief Accounts Officer?

    <p>To handle all financial transactions related to the agreement, including the security deposit. (D)</p> Signup and view all the answers

    What does the certificate mentioned in the last paragraph guarantee?

    <p>That both parties have fulfilled all their obligations and have no claims against each other. (C)</p> Signup and view all the answers

    What is the consequence of a verbal or written arrangement that alters this contract, according to the text?

    <p>The arrangement is considered conditional and not binding until formally endorsed. (C)</p> Signup and view all the answers

    In what circumstances can the Railway Administration withhold the security deposit?

    <p>If the Contractors have defaulted on their obligations, including claims against the Railway Administration. (B)</p> Signup and view all the answers

    Under what condition can the Railway Administration withhold payment to the Contractor?

    <p>All of the above. (D)</p> Signup and view all the answers

    What happens if the Railway Administration and Contractor disagree on the contract's interpretation?

    <p>The dispute is referred to arbitration by an officer designated by the General Manager. (D)</p> Signup and view all the answers

    What does the phrase "determined" most likely refer to in the context of the agreement?

    <p>Cancelled (D)</p> Signup and view all the answers

    Who is the ultimate authority in deciding matters related to the contract?

    <p>The General Manager. (C)</p> Signup and view all the answers

    What is the primary purpose of this document according to the text?

    <p>To outline the terms and conditions of an agreement between the Railway Administration and a Contractor. (A)</p> Signup and view all the answers

    What happens if the contractor fails to pay the penalty inflicted by the Railway Administration?

    <p>The Railway Administration can deduct the penalty from the Contractors' monthly Out-Agency bills. (B)</p> Signup and view all the answers

    What is the role of the Railway Administration in determining penalties?

    <p>Their decision regarding penalties is final and binding. (B)</p> Signup and view all the answers

    What is the condition for the Railway Administration to impose a penalty on the Contractors?

    <p>All of the above. (D)</p> Signup and view all the answers

    What kind of records are the Contractors required to maintain?

    <p>All of the above. (D)</p> Signup and view all the answers

    Who can inspect the Contractors' books and accounts?

    <p>Both B and C. (C)</p> Signup and view all the answers

    How are notices or other communications sent from the Railway Administration to the Contractors?

    <p>By registered mail to the Contractors' head office. (D)</p> Signup and view all the answers

    What is the duration of the agreement?

    <p>The contract will be valid for a period of ............................... years, subject to the provision for earlier termination. (C)</p> Signup and view all the answers

    What actions do the Contractors need to take regarding the agreement?

    <p>All of the above. (D)</p> Signup and view all the answers

    What are the Contractors responsible for under "Special Stipulations to be observed by the Contractors in carrying on the business of the Out-Agency"?

    <p>All of the above. (D)</p> Signup and view all the answers

    What happens if contractors charge a higher rate than prescribed in Annexure 'B'?

    <p>They will be deemed to have breached the agreement and may face further penalties and legal actions. (A)</p> Signup and view all the answers

    How are changes to the rates and charges under the agreement notified?

    <p>Through updates in the Railway Administration's tariffs and departmental circulars. (C)</p> Signup and view all the answers

    What charges are contractors prohibited from charging consignors or consignees?

    <p>Charges for booking or carting of luggage, parcels or goods. (C)</p> Signup and view all the answers

    What services are contractors required to provide to Railway officers or subordinates?

    <p>Free transportation to and from the Out-agency and the Railway Station. (A)</p> Signup and view all the answers

    Who can be authorized to discharge the powers and functions reserved to the Railway Administration?

    <p>The Chief Commercial Manager, Divisional Railway Manager, or any officer deputed by them. (D)</p> Signup and view all the answers

    What is the main purpose of the text?

    <p>To outline the contractual agreement between the Railway Administration and contractors. (A)</p> Signup and view all the answers

    What is Annexure 'B' in the context of this agreement?

    <p>A document outlining the standard rates and charges for the services provided by the contractors. (B)</p> Signup and view all the answers

    What does the phrase "for the time being in force" refer to?

    <p>The current regulations and rates that are applicable at the time of the agreement. (B)</p> Signup and view all the answers

    What key information is missing from this excerpt?

    <p>Information regarding the exact fees and charges outlined in Annexure 'B'. (C)</p> Signup and view all the answers

    Which entity holds the ultimate authority to control and regulate out-agency operations?

    <p>The Railway Administration. (C)</p> Signup and view all the answers

    If the Railway Administration pays money for a claim related to the agreement, who is obligated to reimburse the Railway Administration?

    <p>The Contractors (D)</p> Signup and view all the answers

    What is stipulated about the Contractors and their staff stationed at the Out-agency regarding the Railway Administration's rules and regulations?

    <p>They are required to adhere to all Railway Administration Tariff Rules and specific instructions. (C)</p> Signup and view all the answers

    How does the Railway Administration treat the Out-agency within the context of its system?

    <p>As a station on the Railway's network. (D)</p> Signup and view all the answers

    What does the Railway Administration offer the Contractors in consideration of their compliance with the agreement?

    <p>Payment for carrying passengers, luggage, parcels, and goods. (C)</p> Signup and view all the answers

    What happens to wharfage charges accrued at the Out-agency?

    <p>The Railway Administration has the right to waive them. (B)</p> Signup and view all the answers

    What is the primary purpose of the "Annexure B" mentioned in the text?

    <p>To specify the rates payable for carriage services by the Contractors. (B)</p> Signup and view all the answers

    What is the Railway Administration's stance on paying rent to the Contractors for the premises used for the Out-agency?

    <p>They are not obligated to pay any rent to the Contractors. (A)</p> Signup and view all the answers

    According to the agreement, who receives the credit for wharfage charges realized while the consignments are in the custody of the Contractors?

    <p>The Contractors (A)</p> Signup and view all the answers

    In the event of refunds being granted by the Railway Administration to a consignee, what happens to the amount of the refund?

    <p>The amount is deducted from the sum due to the Contractors by the Railway Administration. (C)</p> Signup and view all the answers

    Which of the following actions ensures the Railway Administration's right to deduct wharfage charges from the sums due to the Contractors?

    <p>The inclusion of a stipulation in the agreement. (A)</p> Signup and view all the answers

    What is the Contractors' responsibility in the event of failure to supply vehicles, drivers, or staff as per the agreement?

    <p>The Railway Administration can recover expenses from sums due to the Contractors. (A)</p> Signup and view all the answers

    What action can the Railway Administration take if the Contractors neglect to maintain uninterrupted ticket sale services?

    <p>Deploy its own staff at the Contractors' agency. (D)</p> Signup and view all the answers

    In relation to the insurance of motor vehicles, who is ultimately responsible for payment of the premiums?

    <p>The Railway Administration may pay overdue premiums but is not responsible for timely payments. (A)</p> Signup and view all the answers

    What is the limit of liability for the Contractors regarding insurance for any one accident?

    <p>The limit is to be specified in this contract but remains blank in the excerpt. (B)</p> Signup and view all the answers

    What happens if insurance payments become overdue according to the stipulations?

    <p>The Railway Administration can pay the overdue premiums and deduct it from the Contractors' dues. (B)</p> Signup and view all the answers

    If the Contractors neglect their responsibilities, which of the following actions can the Railway Administration take?

    <p>The Railway Administration can recover incurred expenses from the Contractors. (C)</p> Signup and view all the answers

    What is meant by the phrase 'partial or entire loss' concerning the Contractors' insurance obligations?

    <p>Losses incurred to passengers, third parties, and property due to accidents. (D)</p> Signup and view all the answers

    What are the Contractors held accountable for if there is any error in fare collection from passengers at the Out-agency?

    <p>The Contractors are responsible for all errors, oversights, and undercharges. (C)</p> Signup and view all the answers

    What financial obligation do the Contractors have concerning cash collections made at the Out-agency?

    <p>Depositing the total amount received daily in full at a specified bank. (C)</p> Signup and view all the answers

    Which of the following statements best describes the Contractors' responsibility related to damages or loss of goods in their custody?

    <p>Contractors must indemnify the Railway Administration for all claims related to injuries or loss. (B)</p> Signup and view all the answers

    What is the implication if the Contractors delay the deposit of cash received beyond the stated timeline?

    <p>Such a delay constitutes a breach of the Agreement. (C)</p> Signup and view all the answers

    How are payment charges from the Contractors to the public managed according to the agreement?

    <p>Charges must align with the scale of rates prescribed in Annexure 'B'. (B)</p> Signup and view all the answers

    Which responsibility does the contractor have concerning outward luggage, parcels, and goods once they are signed for by a railway clerk?

    <p>They retain possession and responsibility until they are properly stacked. (C)</p> Signup and view all the answers

    What is required of the contractors in relation to the Security Deposit as described in the agreement?

    <p>They need to deposit a specific amount for fulfillment of the terms. (A)</p> Signup and view all the answers

    How does the agreement dictate the Railway Administration's control over the contractors' publicity efforts?

    <p>Contractors can pursue publicity only with Railway Administration approval. (C)</p> Signup and view all the answers

    Who bears the risk associated with goods during their transit according to the agreement?

    <p>Contractors hold full responsibility for goods in their possession. (C)</p> Signup and view all the answers

    What does the contractors' possession of inward goods entail in terms of responsibility?

    <p>They take on full care and custody immediately upon receipt. (B)</p> Signup and view all the answers

    Which financial obligation do the contractors have regarding outstanding consignments as per the agreement?

    <p>They are required to deposit a sum to cover the average monthly outstanding. (A)</p> Signup and view all the answers

    What does the term 'publicity' encompass in context to what the Railway Administration must enforce?

    <p>It must align with guidelines established by the Railway Administration. (B)</p> Signup and view all the answers

    What action is strictly prohibited according to the stipulations imposed on contractors?

    <p>Charging fees higher than agreed upon in any communication. (D)</p> Signup and view all the answers

    What is implied by the contractors' obligation to furnish waterproof sheets and screens?

    <p>They are responsible for ensuring passenger and cargo safety from weather conditions. (A)</p> Signup and view all the answers

    What should the Contractors do in the event of receiving a penalty notice from the Railway Administration?

    <p>Pay the penalty within the specified time frame. (B)</p> Signup and view all the answers

    What is one obligation of the Contractors regarding their financial records?

    <p>Keep their accounts open for the Railway Administration's inspection. (A)</p> Signup and view all the answers

    What can the Railway Administration do if the Contractors fail to pay the imposed penalty?

    <p>Deduct the penalty from the monthly Out-Agency bills. (B)</p> Signup and view all the answers

    Which of the following is NOT a formal method of communication specified for the Contractors?

    <p>Email notifications (A)</p> Signup and view all the answers

    How does the agreement define the duration of its validity?

    <p>Specified years from the inception date. (B)</p> Signup and view all the answers

    What is one of the stipulated responsibilities of the Contractors regarding passenger accounts?

    <p>Maintain records regarding passengers, luggage, parcels, and goods. (D)</p> Signup and view all the answers

    What could be a consequence for Contractors if they fail to fulfill the Agreement's terms?

    <p>They might face a penalty imposed by the Railway Administration. (C)</p> Signup and view all the answers

    What specifies the location where communications should be directed to the Contractors?

    <p>Their registered office address. (B)</p> Signup and view all the answers

    What responsibility does the Railway Administration have in relation to the Contractors?

    <p>Inspect the Contractors’ financial records periodically. (C)</p> Signup and view all the answers

    What happens if a notice is not sent via registered post?

    <p>It may be disregarded by the Contractors. (A)</p> Signup and view all the answers

    How is the responsibility for loss or damage to goods during transit determined between the Railway Administration and the Contractors?

    <p>In proportion to the freight earned by each from the affected goods. (C)</p> Signup and view all the answers

    What is stated regarding claims for overcharge or undercharge in connection with fares and freight?

    <p>No claims for fares or freight can be made when the amount is Re. 1/- or less. (C)</p> Signup and view all the answers

    What action can the Railway Administration take if the Contractors are taking undue advantage of the claims for overcharge or undercharge?

    <p>They can modify or revise the relevant clause as necessary. (C)</p> Signup and view all the answers

    In case of luggage with no recoverable freight, how is the loss or damage proportionately allocated?

    <p>In proportion to the freight that should be paid at luggage rates. (D)</p> Signup and view all the answers

    What does the Railway Administration's decision regarding the Contractors' liability signify?

    <p>It is considered final and conclusive. (B)</p> Signup and view all the answers

    What happens to any claims related to freight interchanged between the Out-Agency and the Railway?

    <p>No claims can be made due to apportionment rules. (A)</p> Signup and view all the answers

    What is the role of the contractors in case of loss or damage during transit as stated in the document?

    <p>They collaborate with the Railway Administration to determine the liability. (C)</p> Signup and view all the answers

    Which of the following statements about the assessment of claims for carriage is true?

    <p>Claims should be based on the actual freight earned. (D)</p> Signup and view all the answers

    What is the outcome for claims related to freight, or charges not predetermined in the document?

    <p>They must adhere strictly to the terms outlined in the agreement. (B)</p> Signup and view all the answers

    What does the term "Passenger" mean according to the text?

    <p>A person traveling with a valid pass or ticket. (A)</p> Signup and view all the answers

    Which of the following is NOT considered "Goods" according to the text?

    <p>Luggage entrusted to a Railway administration for carriage (B)</p> Signup and view all the answers

    What is the legal relationship between the Contractors and the Railway Administration?

    <p>The Contractors are deemed to be agents of the Railway Administration, subject to legal liabilities of agents. (A)</p> Signup and view all the answers

    Who is responsible for any damage or injury to a passenger while they are traveling in the Contractor's vehicles?

    <p>The Contractors are solely responsible for passenger safety and must indemnify the Railway Administration against any claims. (D)</p> Signup and view all the answers

    What is the primary responsibility of the Contractors in relation to passengers, luggage, parcels, and goods?

    <p>The Contractors are responsible for booking passengers, receiving and delivering luggage, parcels, and goods, but only within the specified geographic area. (D)</p> Signup and view all the answers

    What does the phrase "through booking arrangements" refer to?

    <p>Arrangements where passengers can book their travel from one Railway station to another on different railways or Out-Agencies. (A)</p> Signup and view all the answers

    What is the role of the 'Out-Agency' in relation to the Railway Administration?

    <p>The Out-Agency is a separate entity acting as an agent for the Railway Administration, handling specific operations. (A)</p> Signup and view all the answers

    What must Contractors avoid charging beyond the prescribed rates in Annexure 'B'?

    <p>Booking or carting fees (B), Duty fees related to the agreement (D)</p> Signup and view all the answers

    What is the role of the Railway Administration regarding rate changes?

    <p>To inform through tariffs and departmental circulars (C)</p> Signup and view all the answers

    Who is authorized to inspect the Out-agency or visit in connection with any enquiry?

    <p>Railway officers or subordinates (C)</p> Signup and view all the answers

    What happens if Contractors charge a rate higher than what is prescribed?

    <p>They commit a breach of the Agreement (D)</p> Signup and view all the answers

    Who can discharge the powers and functions reserved to the Railway Administration?

    <p>The Chief Commercial Manager or his delegate (C)</p> Signup and view all the answers

    What must the Contractors do in case of abnormal traffic or an emergency?

    <p>Hire additional transport at their expense (B)</p> Signup and view all the answers

    Who must verify the character of persons employed by the Contractors?

    <p>The Police (B)</p> Signup and view all the answers

    Which act must the Contractors comply with regarding child labor?

    <p>Employment of Children Act, 1938 (D)</p> Signup and view all the answers

    What is required before the Contractors can employ any person?

    <p>Verification of the person's age (C)</p> Signup and view all the answers

    What happens if a Contractor employs a person previously employed by the Railway Administration?

    <p>They need express sanction from the Railway Administration (B)</p> Signup and view all the answers

    What must the Contractors ensure regarding their office and storage facilities?

    <p>Satisfaction of the Railway Administration (D)</p> Signup and view all the answers

    In relation to Railway publicity material, what is the Contractors' obligation?

    <p>Carry it free of charge between specified locations (D)</p> Signup and view all the answers

    What type of insurance must the Contractors secure for their transport?

    <p>Insurance to cover any additional transport used (D)</p> Signup and view all the answers

    What is required of Contractors regarding maintaining records?

    <p>They must keep records accessible for inspection (D)</p> Signup and view all the answers

    What can the Railway Administration do if the Contractors breach the terms of the Agreement?

    <p>Seek any lawful right or remedy available (A)</p> Signup and view all the answers

    Under what condition must the Contractors increase their security deposit?

    <p>To cover any increased traffic or average outstanding amounts (B)</p> Signup and view all the answers

    Who has the right to inspect the books and accounts of the Contractors?

    <p>The Railway Accounts and Audit Establishment only (D)</p> Signup and view all the answers

    What happens if the Contractors fail to deposit additional amounts when required?

    <p>The amount will be adjusted from their dues (A)</p> Signup and view all the answers

    What does the Railway Administration reserve the right to do regarding the Contractors' liabilities?

    <p>Draw from the security deposit if it is insufficient to cover liabilities (D)</p> Signup and view all the answers

    What is required of the Contractors in response to any criminal acts committed by their representatives?

    <p>Be liable for any unlawful acts committed (B)</p> Signup and view all the answers

    What aspect of the Contractors' responsibilities is highlighted regarding financial activities?

    <p>They need to keep records of all fare collections and errors (C)</p> Signup and view all the answers

    What is implied about security deposits and liabilities if the Contractors discover they are insufficient?

    <p>Contractors must immediately rectify the situation by increasing the deposit (C)</p> Signup and view all the answers

    What is the frequency at which the security deposit is assessed for increased traffic?

    <p>Every six months (D)</p> Signup and view all the answers

    What is the time frame within which parcels must be removed to avoid detention charges?

    <p>48 hours (D)</p> Signup and view all the answers

    Which of the following is NOT a responsibility of the Contractors regarding their vehicles?

    <p>Hiring vehicles from third parties (B)</p> Signup and view all the answers

    What must Contractors do if there is a delay in clearing parcels and goods?

    <p>Pay detention charges to the Railway Administration (A)</p> Signup and view all the answers

    What type of vehicle arrangements are Contractors required to maintain?

    <p>Motor buses and lorries (A)</p> Signup and view all the answers

    What is required for the Contractors when providing staff for loading and unloading?

    <p>Contractors must provide staff at their own cost (A)</p> Signup and view all the answers

    What must Contractors maintain according to the requirements of the Railway Administration?

    <p>Sufficient motor vehicles and equipment (B)</p> Signup and view all the answers

    What facilities must Contractors afford to Railway Administration officers?

    <p>Facilities for inspecting vehicles (A)</p> Signup and view all the answers

    In which situation would the Contractors incur financial penalties?

    <p>If they fail to maintain vehicles in good condition (D)</p> Signup and view all the answers

    What standard must the Contractors' vehicles meet?

    <p>They must be equipped as deemed necessary by the Railway Administration (B)</p> Signup and view all the answers

    What will happen if Contractors do not provide correct fare collection?

    <p>They will be fined (A)</p> Signup and view all the answers

    Study Notes

    Out-Agency Agreement

    • Parties: President, Union of India (through a railway official) and Contractors
    • Purpose: Booking and conveyance of passengers, luggage, parcels, and goods between a specified location (Out-agency) and designated railway stations. Excludes items listed in specific Railway tariffs.
    • Out-agency: An established facility for booking and transportation. Connects to other railway lines/agencies with through booking agreements.
    • Passengers: Individuals travelling with a valid ticket.
    • Luggage: Passenger belongings carried by the passenger or entrusted to the railway administration.
    • Parcels: Goods entrusted to the railway for transport.
    • Goods: Includes containers, transport items, and animals,
    • Contractor's Liability: Agents of the railway; legally responsible for bookings, receipts, and deliveries of specified items. Responsible for any claims against the railway administration.
    • Insurance: Contractors are responsible for insuring their motor vehicles and providing insurance details to the railway administration. Premiums are payable by the contractors with a specific insurance coverage amount.
    • Security Deposit: Contractors will pay a security deposit held by the railway administration for fulfilment of the agreement's clauses. The deposit can be adjusted for outstanding claims.
    • Publicity: The Railway Administration will promote the services offered. Contractors' publicity subject to the administration's approval.
    • Inward and Outward Goods: Responsibility for custody and safety rests with the contractors from delivery to the destination, from the moment it is in their control. The Railway administration is responsible for inward and outward goods handling. The contractor is responsible for the goods while in their control.
    • Termination: Termination can be by mutual agreement after providing six-month's prior notice in writing OR through other circumstances such as bankruptcy, partition of a joint Hindu business, or for any breach under the agreement where the Railway administration thinks is unreasonable.
    • Bookkeeping & Records: Contractors must maintain records satisfactory to the Railway administration, including handling of money and paperwork for the Out-agency.
    • Traffic: Obligations to handle passenger, parcel, and goods traffic as per instructions. Must handle traffic within a specified timeframe for parcels.
    • Personnel: Contractors must not compete with the administration and must have appropriate staff for conducting their activities. Staff must meet age requirements.
    • Claims: Contractors will address disputes or claims within a timeframe stipulated in the agreement. Claims must be submitted within six or twelve months depending on the specifics from agreement.
    • Fees and Charges: Contractors are responsible for all fees and charges associated with operating the Out-agency and include freight and wharfage.
    • Agreements: Agreements can be revised or amended through mutual consent.
    • Additional Clauses: The document further expands on details of duties, responsibilities, financial considerations, specifics of the agreements, and addresses different situations, noting different factors. Includes specific clauses for booking, receipt, and despatch of goods. Rules for handling outward and inward goods, proper booking forms, and book/form management are detailed. Return procedures for goods are also regulated, how cash will be handled and remitted to the appropriate authorities and other details of the agreement. The Out-agency is considered a station on the Railway system. The Railway administration will provide books and forms for the agreement. Contractors have to ensure the safety of any equipment used. Contractors are responsible for maintaining up-to-date and correct collection and recording of relevant charges.

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    Description

    This quiz covers the essential details of the Out-Agency Agreement involving the Union of India and contractors. It focuses on the roles, responsibilities, and contractual obligations regarding the booking and conveyance of passengers and goods through the railway system. Test your knowledge of the terms and conditions outlined in this agreement.

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