Private Siding Agreement Overview

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Questions and Answers

If the excess cost of construction is more than 20% of the estimated cost, what action will the Railway Administration take?

  • Supply a revised estimate and request the Applicant to deposit the excess amount. (correct)
  • Cancel the contract and seek compensation from the Applicant.
  • Immediately demand payment of the excess amount.
  • Refuse to proceed with the construction until the excess amount is paid.

What is the responsibility of the Applicant regarding materials used for the construction of the siding?

  • The Applicant must provide only specialized materials, while the Railway Administration provides the standard Permanent Way materials.
  • The Applicant is responsible for sourcing materials, and the Railway Administration handles the transportation and delivery to the site.
  • The Applicant is responsible for providing and delivering all materials, including Permanent Way materials, on site. (correct)
  • The Railway Administration handles the procurement and delivery of all materials, including Permanent Way materials, to the site.

What happens when the sub-grade work is completed to the Railway Administration's satisfaction?

  • The Applicant begins laying the Permanent Way materials.
  • The Applicant pays all remaining construction charges.
  • The Railway Administration lays the Permanent Way materials. (correct)
  • The construction of the siding is deemed complete.

What charges does the Applicant bear in addition to the cost of permanent way materials?

<p>Charges for laying and fitting permanent way materials, freight, handling charges, and departmental expenses. (B)</p> Signup and view all the answers

What happens if the Railway Administration incurs additional costs due to litigation or arbitration?

<p>The Applicant is responsible for all additional costs, regardless of the reason. (A)</p> Signup and view all the answers

How long does the Applicant have to pay the debt liability if the Railway Administration incurs additional costs?

<p>Within one month of the demand. (C)</p> Signup and view all the answers

Which method(s) can the Railway Administration use to execute the work?

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

How much is the Applicant required to pay if the excess construction cost is 15% of the estimated cost?

<p>The entire excess amount. (D)</p> Signup and view all the answers

What is the responsibility of the Applicant in case of a dispute that arises after the sanction of the estimate?

<p>The Applicant is responsible for resolving the dispute. (A)</p> Signup and view all the answers

What can the Railway Administration do if the applicant fails to execute the necessary agreements in the altered circumstances?

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

What conditions must be met for the Railway Administration to allow a transferee or liquidator to use the siding?

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

What happens if the applicant assigns or transfers their rights to another person without permission from the Railway Administration?

<p>The assignment, transfer, or subletting will be considered invalid and have no effect. (C)</p> Signup and view all the answers

Who is responsible for all charges and obligations under the agreement when another person is permitted to use the siding on the applicant's request?

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

What can the applicant do if they desire to transfer their works to another person, but the Railway Administration refuses to approve the transfer?

<p>The applicant has no legal recourse and must accept the Railway Administration's decision. (A)</p> Signup and view all the answers

What type of repairs are deemed 'special repairs'?

<p>Repairs to the permanent way materials (B)</p> Signup and view all the answers

Who is responsible for paying for 'special repairs'?

<p>The Applicant (C)</p> Signup and view all the answers

How are departmental and other charges for special repairs calculated?

<p>Both A and B (D)</p> Signup and view all the answers

Who has the authority to determine if repairs are necessary for the safety of the siding?

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

Who is responsible for maintaining the portion of the siding outside Railway Land?

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

What is the purpose of the plan referred to in the text?

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

What happens if the Applicant fails to maintain the portion of the siding outside Railway Land?

<p>The text does not specify the consequences of failing to maintain the siding. (A)</p> Signup and view all the answers

What is the relationship between the Applicant and the Railway Administration?

<p>The text does not specify the relationship. (B)</p> Signup and view all the answers

In what scenario would the Railway Administration be responsible for the cost of repairing the siding?

<p>When the siding needs repairs for the safety of the siding (A)</p> Signup and view all the answers

What is the importance of the phrase "the Railway Administration being the sole Judge for this purpose"?

<p>It gives the Railway Administration the right to decide whether the repair works are necessary (D)</p> Signup and view all the answers

What type of entity is represented by the phrase "A.& Co.(insert name or style of the firm) a partnership firm carrying on business at (insert address) as (insert nature of business)."?

<p>A partnership firm (A)</p> Signup and view all the answers

For which type of applicant would the phrase "A.B.& Co.Ltd.a company incorporated in (insert country of incorporation e.g.India, England or elsewhere, as the case may be) and having its registered office at (insert address)" be used?

<p>An incorporated company (B)</p> Signup and view all the answers

What is the purpose of the phrase "and its principal office in India at (insert address)." when used in the context of an incorporated company?

<p>To indicate the company's primary operational base in India (D)</p> Signup and view all the answers

What is the primary characteristic of a joint family governed by the Mitakshara School of Hindu Law?

<p>Joint ownership of property with the eldest male as the head (D)</p> Signup and view all the answers

What is the 'Siding' referred to in the text?

<p>A particular segment of a railway line leading to the applicant's works (D)</p> Signup and view all the answers

What is meant by 'all land whereon or on part whereof the said track and connected things aforesaid are constructed, erected, made, provided or used'?

<p>Land specifically acquired for construction of the track and related infrastructure (C)</p> Signup and view all the answers

What type of legal document is this content most likely a part of?

<p>A legal agreement between a business and a railway administration (D)</p> Signup and view all the answers

Who is responsible for appointing the staff referred to in the text?

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

What does the Applicant pay to the Railway Administration related to the staff?

<p>All salaries and allowances, as well as contributions for benefits (C)</p> Signup and view all the answers

What type of document will the Applicant keep to ensure the weigh-bridge's accuracy?

<p>A card testifying to the accuracy and date of tests (A)</p> Signup and view all the answers

Who is allowed to check the accuracy of the weigh-bridge?

<p>The Applicant and the Railway Weigh-bridge Inspector (C)</p> Signup and view all the answers

Who is responsible for the maintenance of the weigh-bridge?

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

Who can perform emergent maintenance on the weigh-bridge?

<p>Only the Railway Administration (A)</p> Signup and view all the answers

What are the rules and regulations governing the maintenance of the weigh-bridge?

<p>The Railway Administration's rules and regulations (C)</p> Signup and view all the answers

What happens if the Railway Administration performs emergent maintenance?

<p>The Applicant pays for the expenditure incurred by the Railway Administration (C)</p> Signup and view all the answers

What does the term 'fringe benefits' refer to in the text?

<p>Benefits provided to the Railway Administration employees (B)</p> Signup and view all the answers

What is the purpose of the separate terms and conditions for the siding?

<p>To clarify the responsibilities of the Applicant for the siding's maintenance (D)</p> Signup and view all the answers

If the excess cost of construction exceeds 20% of the estimated cost, what measure does the Railway Administration implement?

<p>The Railway Administration provides a revised estimate to the Applicant. (A)</p> Signup and view all the answers

What is the Applicant's responsibility if the Railway Administration incurs additional costs due to legal disputes arising after the estimate is approved?

<p>The Applicant is responsible for all additional costs incurred by the Railway Administration, including legal fees, arbitration costs, etc. (C)</p> Signup and view all the answers

In what scenario would the Railway Administration be responsible for laying the permanent way materials?

<p>The Railway Administration is responsible for laying the permanent way materials once the sub-grade work is completed to their satisfaction. (A)</p> Signup and view all the answers

If the Railway Administration incurs additional liability due to a legal dispute, what actions are taken against the Applicant?

<p>The Railway Administration will demand written payment from the Applicant within one month of the demand. (C)</p> Signup and view all the answers

What are the various methods the Railway Administration may use to execute the siding construction?

<p>The Railway Administration has the flexibility to execute the work using its own staff, contractors, or other external agencies. (B)</p> Signup and view all the answers

Who bears the freight charges for the transportation of the permanent way material to the construction site?

<p>The Applicant bears the freight charges as part of the overall costs associated with the construction. (C)</p> Signup and view all the answers

What type of charges might the Railway Administration apply to the Applicant in addition to the cost of permanent way materials?

<p>The Railway Administration can levy departmental and other charges, which may vary over time, in addition to the cost of the permanent way materials. (C)</p> Signup and view all the answers

Under what circumstances would the Railway Administration be responsible for damage to rolling stock on the siding?

<p>When the damage is caused by negligence on the part of the Railway Administration staff. (B)</p> Signup and view all the answers

Based on the text, which of the following statements is TRUE regarding the Applicant's responsibility for accidents on the siding?

<p>The Applicant is only responsible for accidents caused by their negligence or non-compliance with Railway Administration rules. (C)</p> Signup and view all the answers

In the context of this agreement, what is the primary significance of the clause stating that the Railway Administration is the 'sole Judge' for determining certain aspects of the agreement?

<p>This clause ensures that the Railway Administration's decision is final in any disputes related to the siding. (A)</p> Signup and view all the answers

Which of the following is NOT an aspect of the Applicant's responsibility regarding the siding, according to the provided text?

<p>Responding to emergencies and unexpected events on the siding. (A)</p> Signup and view all the answers

The text states that the Applicant is responsible for all damage to the Railway Administration's property on the siding. However, the text does not address the responsibility for damage caused by which of the following?

<p>Negligence of third parties not affiliated with the Applicant or the Railway Administration (B)</p> Signup and view all the answers

What is the primary consequence for the Applicant if they fail to maintain a clear track and cess for the movement of Rolling Stock and locomotives?

<p>The Railway Administration has the authority to cease all operations on the Applicant's siding. (B)</p> Signup and view all the answers

What is the Applicant's responsibility regarding the weighbridge and its associated facilities?

<p>The Applicant is responsible for providing and maintaining the weighbridge, weighbridge house, weighbridge siding, level crossings, gates, gate-lodges, water columns, and watering arrangements. (C)</p> Signup and view all the answers

What is the Railway Administration's role in the provision and maintenance of level crossings, gates, and gate-lodges?

<p>The Railway Administration can dictate the types and requirements of level crossings, gates, and gate-lodges the Applicant must provide. (B)</p> Signup and view all the answers

Who is responsible for the cost of emergent maintenance required for the safety of the weighbridge?

<p>The Applicant is responsible for all emergent maintenance, even if it's performed by the Railway Administration. (D)</p> Signup and view all the answers

What is the Applicant's obligation regarding the provision of quarters for staff employed at the weighing facility?

<p>The Applicant must ensure that staff quarters are adequate for the types of employees needed. (C)</p> Signup and view all the answers

Who is responsible for ensuring that all weighing operations are performed within the allocated free time?

<p>The staff employed at the weighing facility are responsible for ensuring that all operations are completed within the free time. (C)</p> Signup and view all the answers

What is the potential outcome if the Applicant fails to comply with the Railway Administration's requirements regarding the provision of facilities and maintenance?

<p>The Railway Administration may revoke the Applicant's right to use the siding. (B)</p> Signup and view all the answers

How does the Railway Administration ensure that emergent maintenance performed by them is paid for by the Applicant?

<p>The Railway Administration can charge the Applicant for emergent maintenance on demand. (B)</p> Signup and view all the answers

What is the Applicant's role in maintaining the portion of the siding that lies outside of Railway Land?

<p>The Applicant is solely responsible for maintaining the portion of the siding outside of Railway Land. (B)</p> Signup and view all the answers

In what scenario can the Applicant receive consideration or remuneration for traffic over the siding?

<p>When the General Manager of the Railway or an authorized officer grants written permission. (A)</p> Signup and view all the answers

What is the consequence of the Applicant failing to make arrangements for shunting wagons to and from their premises?

<p>The Railway Administration will be held responsible for any delays, losses, or damages that occur. (B)</p> Signup and view all the answers

Under what conditions can the Railway Administration perform shunting services inside the Applicant's premises?

<p>Only on the portion of the siding colored green, as per the plan, at the Applicant's request and for an additional charge. (A)</p> Signup and view all the answers

Who has the final authority to decide disputes concerning matters mentioned in the agreement?

<p>The Chief Operating Manager/Chief Commercial Manager of the Railway. (C)</p> Signup and view all the answers

What type of traffic is prohibited from being sent over the siding by the Applicant?

<p>Traffic related to any commercial enterprise that is not directly related to the working or requirements of the Applicant's mill, factory, or industry. (E)</p> Signup and view all the answers

In what situation is the Applicant allowed to send traffic other than that of their own works over the siding?

<p>When the Applicant receives permission in writing from the Railway Administration. (A)</p> Signup and view all the answers

Who can the Applicant permit to use the siding, besides themselves, according to the agreement?

<p>No one, the Applicant is explicitly prohibited from allowing anyone else to use the siding. (E)</p> Signup and view all the answers

What is the Applicant's responsibility concerning the maintenance of the portion of the siding outside Railway Land?

<p>The Applicant is solely responsible for all maintenance, including repairs, upgrades, and cleaning. (A)</p> Signup and view all the answers

What is the primary purpose of the green-colored portion of the siding, as mentioned in the agreement?

<p>It is the area where the Railway Administration can provide shunting services for the Applicant's wagons. (A)</p> Signup and view all the answers

Which of these is NOT a condition set by the Railway Administration for the Applicant to use the siding?

<p>The Applicant must provide the Railway Administration with all necessary materials for the construction of the siding. (C)</p> Signup and view all the answers

What happens if the Applicant fails to return wagons to the siding, causing it to become blocked?

<p>The Railway Administration will levy demurrage charges on the Applicant for the detained wagons. (A)</p> Signup and view all the answers

When does the free time allowed for loading and unloading of wagons begin to accrue?

<p>When the wagons arrive at the serving station. (C)</p> Signup and view all the answers

If the Applicant fails to effect delivery of goods within the prescribed free time after the arrival of wagons at the serving station, what happens next?

<p>Demurrage charges will begin to accrue on the wagons. (A)</p> Signup and view all the answers

What is the Railway Administration's responsibility regarding loss or damage to goods transported over the siding?

<p>The Railway Administration is not liable for any loss or damage to goods transported over the siding. (A)</p> Signup and view all the answers

Under what circumstances will wagons be placed in the siding?

<p>Wagons will be placed in the siding only if the Applicant has a Goods Clerk representing the Railway Administration employed at the siding. (A)</p> Signup and view all the answers

What is the purpose of clause (f) in relation to the loading and unloading of wagons at the siding?

<p>To allow the Railway Administration to monitor the safe and proper loading and unloading of goods. (B)</p> Signup and view all the answers

What is the Applicant's responsibility regarding the loading and unloading of goods at the siding?

<p>The Applicant is responsible for all costs associated with the loading and unloading of goods at the siding. (A)</p> Signup and view all the answers

Which of the following is NOT a factor that could lead to the Railway Administration levying demurrage charges on the Applicant?

<p>The Applicant exceeding the maximum permitted time for loading and unloading wagons at the siding. (C)</p> Signup and view all the answers

How does the Railway Administration ensure that the Applicant is complying with the terms of their agreement regarding the siding?

<p>The Railway Administration has the right to inspect the loading and unloading operations at the siding at any time. (C)</p> Signup and view all the answers

Which of the following is NOT a condition under which the Railway Administration reserves the right to levy demurrage charges?

<p>When the Applicant fails to ensure the timely delivery of the goods to the intended recipient. (A)</p> Signup and view all the answers

Who is responsible for paying the cost of special emergency repair works on the siding?

<p>The Applicant (C)</p> Signup and view all the answers

What is the responsibility of the Railway Administration regarding the maintenance of the siding?

<p>The Railway Administration can undertake the ordinary maintenance of the siding at the Applicant's request. (C)</p> Signup and view all the answers

Who determines the charges for inspecting the fitness of the siding?

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

What happens when the Railway Administration completes special repairs to the sub-grade work?

<p>The difference between the estimated and actual cost is settled. (C)</p> Signup and view all the answers

In what scenario would the Railway Administration be responsible for the cost of any repairs to the siding?

<p>If the Railway Administration is responsible for the maintenance of the siding. (B), If the Railway Administration has undertaken the ordinary maintenance of the siding. (D)</p> Signup and view all the answers

If the Railway Administration carries out any permanent way materials renewals or strengthening of the track, who bears the cost?

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

Who is responsible for paying supervision charges for the siding?

<p>The Applicant (C)</p> Signup and view all the answers

What is the purpose of the Railway Administration's inspection of the siding?

<p>To assess the fitness of the siding for receiving the Railways' Rolling Stock. (C)</p> Signup and view all the answers

If the Railway Administration is required to carry out special repairs to the siding, what charges are payable by the Applicant?

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

What rights does the Railway Administration have when it comes to connecting other sidings to the applicant's siding?

<p>The Railway Administration can connect any siding built by them, regardless of its purpose or who it serves. (A)</p> Signup and view all the answers

Who ultimately decides if the applicant will pay a portion of the original construction cost for allowing others to use the siding, and how much they will pay?

<p>The General Manager of the Railway Administration makes a decision based on their discretion. (C)</p> Signup and view all the answers

What can the Railway Administration do if the applicant wants to transfer their ownership of the siding to someone else?

<p>The Railway Administration can approve or reject the transfer based on their discretion. (C)</p> Signup and view all the answers

Which of these actions can the Railway Administration take when using the applicant's siding free of charge?

<p>They can use the siding for any purpose related to the Railway Administration, including maintenance and construction. (A)</p> Signup and view all the answers

What right does the Railway Administration have regarding the use of the applicant's siding for traffic other than the applicant's?

<p>The Railway Administration has the right to permit other traffic, and the applicant can charge the other parties for using the siding. (A)</p> Signup and view all the answers

Who is required to bear the entire cost of Over Head Equipment for a new private siding if electrified in the future?

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

What happens if the existing siding requires modifications due to electrification?

<p>The applicant must cover the costs under Private Siding terms (D)</p> Signup and view all the answers

In case of electrification, who covers the maintenance costs of the Over Head Equipment?

<p>Siding owner (A)</p> Signup and view all the answers

What must the Applicant pay in advance to the Railway Administration for the ordinary maintenance of the siding?

<p>Yearly payments within seven days after each March 31 (B)</p> Signup and view all the answers

What is the consequence if Over Head Equipment is not provided for an already electrified section?

<p>Movement to the siding must be using own locomotives (D)</p> Signup and view all the answers

What does the Applicant need to do if the rates for maintenance of the siding are changed by the Railway Administration?

<p>Pay the new rates immediately (A)</p> Signup and view all the answers

What types of charges may the Railway Administration fix for the siding maintenance?

<p>Charges can be both fixed and variable (A)</p> Signup and view all the answers

Who is responsible for loading and unloading goods at the siding?

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

What happens if the Applicant fails to effect delivery of goods within the prescribed free time after the wagons arrive at the serving station?

<p>The Railway Administration will levy demurrage charges. (D)</p> Signup and view all the answers

When are demurrage charges levied on wagons detained at the serving station yard?

<p>When the siding is blocked because wagons haven't been returned by the Applicant. (A)</p> Signup and view all the answers

What happens when the Applicant fails to return wagons to the siding?

<p>The Railway Administration will levy demurrage charges on the wagons. (B)</p> Signup and view all the answers

Who is responsible for inspecting the loading and unloading of wagons at the siding?

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

What does the Applicant pay to the Railway Administration in addition to freight charges?

<p>All other charges, including siding, placement, and withdrawal charges (D)</p> Signup and view all the answers

Who is responsible for determining the free time allowed for loading and unloading wagons at the siding?

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

What is the Railway Administration's responsibility regarding the contents of wagons hauled over the siding?

<p>They are not responsible for any loss, damage, destruction, or deterioration, regardless of fault. (A)</p> Signup and view all the answers

What is the implication of the Railway Administration employing a Goods Clerk at the siding?

<p>Wagons can be placed in the siding without prior delivery at the serving station. (C)</p> Signup and view all the answers

Who is responsible for the cost of any repairs deemed 'special repairs' by the Railway Administration?

<p>The Applicant (C)</p> Signup and view all the answers

What is the Applicant's responsibility regarding the track and cess used for the movement of rolling stock?

<p>The Applicant is required to maintain the track and cess to ensure smooth movement of rolling stock. (C)</p> Signup and view all the answers

What can the Railway Administration do if the Applicant fails to clear the track and cess?

<p>The Railway Administration can stop the working on the siding or impose a penalty. (A)</p> Signup and view all the answers

What infrastructure does the Applicant need to provide and maintain at their own cost?

<p>The Applicant must provide and maintain any infrastructure requested by the Railway Administration, not just weigh-bridge and level crossing facilities. (C)</p> Signup and view all the answers

Who sets the rates and regulations for the maintenance and construction of the siding infrastructure?

<p>The Railway Administration sets the rates and regulations for maintenance and construction, which the Applicant must follow. (C)</p> Signup and view all the answers

Who can perform emergency maintenance on the siding infrastructure for safety purposes?

<p>The Railway Administration can perform emergency maintenance on the siding, and the Applicant is responsible for paying the costs. (A)</p> Signup and view all the answers

What kind of accommodation does the Applicant have to provide for the staff working on the siding?

<p>The Applicant must provide adequate accommodation for weigh-bridge clerks, siding clerks, pointsmen, and gatemen. (D)</p> Signup and view all the answers

What is the Applicant's responsibility when it comes to weighing operations on the siding?

<p>The Applicant is responsible for ensuring that the weighing process is completed within the allocated free time for each wagon. (A)</p> Signup and view all the answers

What is the primary purpose of the level crossings, gates, and gate-lodges provided by the Applicant?

<p>To ensure safe and efficient movement of rolling stock within the siding. (A)</p> Signup and view all the answers

What are the consequences for the Applicant if they refuse to pay the expenses incurred by the Railway Administration for emergency maintenance on the siding?

<p>The Railway Administration can legally pursue the Applicant for non-payment through court action. (B)</p> Signup and view all the answers

When is the Railway Administration responsible for clearing the track and cess used for the movement of rolling stock?

<p>The Railway Administration is only responsible for clearing the track and cess when the Applicant fails to do so. (C)</p> Signup and view all the answers

Flashcards

Partnership Firm

A business entity where two or more individuals manage and operate a business together.

Incorporated Company

A legal entity formed by a group of individuals to operate a business, distinct from its shareholders.

Joint Family Business

A business operated by a family as a single entity, governed by the Mitakshara School of Hindu Law.

Siding

The railway track connecting the applicant's premises with the railway system.

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Karta

The managing member of a joint family, typically responsible for business decisions.

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Mitakshara School

A legal framework in Hindu law governing joint family property and management.

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Registered Office

The official address of a company where legal documents are served.

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Excess Cost Payment

Payment due if construction cost exceeds initially paid amount up to 20%.

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Revised Estimate Requirement

A new cost estimate provided if excess cost exceeds 20% of the original estimate.

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Liability for Additional Costs

Applicant must pay for any additional costs incurred by the Railway after the project starts.

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Permanent Way Materials

Materials needed for the railway track the Applicant must provide.

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Cost Responsibility

The Applicant bears all costs related to materials and their installation for the railway.

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Departmental Charges

Additional charges the Railway Administration can impose on the Applicant over time.

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Station Machinery Provision

Railway Administration may offer machinery to the Applicant upon advance payment.

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Work Execution Methods

The Railway Administration can perform work through its staff or contracts.

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Payment Timeline

The Applicant must settle unpaid amounts within one month of the demand.

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Recoupment of ballast costs

Costs associated with renewing or replacing ballast and other permanent way materials are considered special repairs.

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Applicant's payment obligations

The Applicant must pay for all expenditures incurred by the Railway Administration regarding special repairs.

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Emergency repair works

Special repairs determined necessary for safety, performed at the applicant's cost.

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Railway Administration's judgment

The Railway Administration decides when repairs are needed for safety; their decision is final.

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Cost of siding maintenance

The Applicant is responsible for maintaining portions of siding outside Railway land at their own expense.

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Good order maintenance

The requirement for the Applicant to keep the siding in good condition, as overseen by the Railway Administration.

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Fixed percentage charges

A method of determining departmental charges based on a fixed percentage of the total costs.

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Actual expenditure basis

An alternative method for calculating charges based on actual costs incurred.

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Supervision requirement

The Railway Administration may require that maintenance is done under their oversight to ensure quality.

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Objection to Conversion

The applicant must not raise objections to converting agreements, or face consequences.

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Rights Transfer Prohibition

The applicant cannot transfer or sublet rights granted by the Railway Administration.

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Siding Facility Suspension

Railway may suspend siding facilities for non-compliance with agreement terms.

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Liquidation Clause

Special conditions apply if a company goes into liquidation; requires approval for transfer.

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Responsibilities of Applicant

The applicant remains liable for charges even if another person uses the siding.

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Railway Servants

Employees appointed by the Railway Administration.

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Salary and Allowances

Payments made to Railway Servants for their work.

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Contributions

Payments made towards benefits like pensions and provident funds.

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Leave-salary

Payment during the leave period for Railway Servants.

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Weigh-bridge

A scale used to weigh vehicles and their loads for accuracy.

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Maintenance Requirements

Tasks necessary to keep the weigh-bridge operational.

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Weigh-bridge Inspector

Railway staff responsible for checking weigh-bridge accuracy.

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Emergency Maintenance

Urgent repairs necessary for safety.

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Railway Rules

Guidelines that govern employment and operations.

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Applicant's Responsibilities

Duties of the individual applying for railway services.

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Track and Cess Maintenance

Responsibility of the Applicant to keep track clear for movement of stock.

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Penal Charges for Non-compliance

Railways can impose charges if the Applicant does not maintain the track.

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Weigh-bridge Facilities

Applicant must provide weigh-bridge, house, and other facilities at their cost.

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Level Crossings Responsibilities

Applicant must maintain level crossings and gates as required.

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Maintenance Costs Payment

Applicant agrees to pay for emergency maintenance done by Railway Administration.

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Quarter Provisions

Applicant must provide housing for staff like weigh-bridge clerks and pointsmen.

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Weighing Operations Timing

Weighing must be done within the allotted free time for wagons.

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Railway Administration Oversight

Maintenance work must be supervised by Railway Administration for quality assurance.

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Emergency Safety Maintenance

Railway Administration can perform urgent repairs at the Applicant's cost.

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Excess Cost Payment Procedure

Payment obligation for cost above estimated amount for siding construction, owed if excess is up to 20%.

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Revised Estimate Action

Required when costs exceed 20% of the original estimate; Railway provides a revised estimate.

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Debt Liability

The party must cover costs arising from disputes post work sanction, within a month of demand.

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Permanent Way Materials Responsibility

Applicant must supply Permanent Way materials as per Railway standards for siding projects.

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Cost of Installation

All charges for laying and fitting materials are the Applicant's responsibility, including freight.

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Departmental Charges Obligation

Applicant agrees to pay additional charges as fixed by Railway from time to time.

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Machinery Provision Terms

Railway may provide necessary machinery to Applicant upon advance payment of costs.

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Applicant's Compliance Responsibility

The Applicant must ensure adherence to railway rules and regulations for siding operations.

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Liability for Damage

The Applicant is liable for any loss or damage to Railway properties on the siding.

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Accident Risk

The Applicant must manage all risks of accidents and liability related to siding operations.

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Indemnity Clause

The Applicant indemnifies the Railway against losses due to accidents involving Railway staff.

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Cost of Repairs

The Applicant is responsible for repair costs from derailments or accidents on the siding.

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Freight Charges

The costs the applicant must pay for transporting goods to and from the siding.

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Demurrage Charges

Fees incurred by the applicant for delaying unloading/loading beyond allowed time.

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Free Time

The period during which loading and unloading can occur without incurring charges.

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Wagon Detention

Charges incurred if wagons are kept beyond the allowed free time.

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Owner's Risk Rate

Rate where the owner bears all risks for goods in transit.

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Goods Clerk

An official who oversees delivery of wagons at the siding.

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Inspection Right

The right for railway personnel to check the loading/unloading process.

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Siding Charges

Costs associated with the use of siding for loading/unloading.

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Traffic Tariffs

Rates and rules established by the Railway Administration for transporting goods.

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Accrual of Charges

The start of charge accumulation once free time expires.

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Shunting Responsibilities

The Applicant must shunt wagons using their own labor, and the Railway is not liable for any issues arising from this.

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Railway's Shunting Assistance

The Railway may provide shunting services upon request, with additional charges, but can revoke this at any time.

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Traffic Restrictions

Only traffic essential for the Applicant’s operations is allowed unless permission is obtained from the General Manager.

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Written Permission Requirement

The Applicant must obtain written consent for any traffic not related to their operations.

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No Unauthorized Use

The siding must not be used by anyone else without the Railway's prior written consent.

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Prohibition of Consideration

The Applicant cannot receive any payment for traffic over the siding unless authorized in writing by the Railway.

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Dispute Resolution Authority

In any disputes related to siding use, the decisions of the Chief Operating Manager are final.

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Freight Responsibility

The Applicant is responsible for all freight charges associated with shipping and receiving goods.

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Permitted Traffic Definition

Traffic allowed is only that which is necessary for the Firm's industry needs; others require written permission.

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Siding Facilities Suspension

The Railway can suspend siding facilities if the Applicant fails to follow agreement terms.

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Cost of Electrification

The full cost of Over Head Equipment (OHE) for electrifying a siding must be covered by the siding owner.

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Maintenance Responsibilities

Siding owners are responsible for the upkeep and maintenance costs of OHE associated with their sidings.

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Existing Sidings Cost

For existing sidings requiring new OHE when electrified, costs must be borne by the siding owner.

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Private Siding Modifications

Any necessary modifications for electrification must be done following the same terms as the original siding agreement.

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Maintenance Charges Payment

The applicant must prepay maintenance charges for the siding within Railway boundaries annually, by March 31.

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Works in Vicinity Responsibility

If electrification requires work near the siding, the applicant must carry it out under the original siding terms.

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Electrification Cost for New Sidings

For new private sidings built after an area is electrified, the siding owner covers the OHE costs.

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Maintenance Charges

Fees for maintaining siding, payable upfront by the Applicant.

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Emergency Repair Costs

Expenses for urgent repairs deemed necessary for safety by the Railway.

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Inspection Charges

Annual fees for inspecting siding fitness, charged per kilometer.

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Renewal Costs

Payments for renewing track materials and special repairs, estimated in advance.

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Responsibility for Safety Repairs

Applicant pays for any safety repairs ordered by Railway Administration.

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Costs of Discrepancies

Difference in quoted vs. actual repair costs settled after work completion.

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Indemnity Obligation

Applicant protects Railway against losses from accidents involving their services.

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Traffic Permissions

Applicant must get written permission for non-essential traffic on siding.

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Railway Administration Rights

Rights of Railway Administration to use and control sidings without remuneration to the applicant.

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Siding Connection Authorization

Railway can connect sidings for operations without applicant's permission.

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Traffic Use by Others

Railway can permit others to use sidings, charging the applicant for the shared use costs.

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Generality of Repairs Decision

The General Manager's decision on costs and tollage for siding use is final and binding.

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Electrification Cost Responsibility

The siding owner must cover all costs related to electrifying their siding, including modifications.

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Study Notes

Private Siding Agreement

  • This document outlines an agreement between the Railway Administration and a private applicant for the construction of a private siding.
  • The siding is located at a specified location within the railway system near a particular station.
  • The agreement details the responsibilities, costs, and conditions of the siding construction and maintenance, allocated between the parties.
  • Interpretation of key terms like "Person," "Railway Administration," and "Works" are defined within the agreement to avoid ambiguity.
  • The applicant is responsible for the cost of acquiring land outside the railway's boundary, including supervision charges.
  • For land within the railway's boundary, a licensing agreement takes effect, with an annual rental rate of 6% of the market value for the licensed land.
  • The Railway Administration will bear the initial cost of surveying the land and preparing plans and estimates for the siding.
  • Costs associated with preliminary survey expenses are borne by the applicant.
  • Subgrade work, which includes embankment, cuttings, and ballast laying, needs to comply with railway specifications and is the applicant's responsibility.
  • The agreement specifies payment terms for the estimated cost of the work including departmental and general charges.
  • Maintenance of the siding within the railway's land is the responsibility of the applicant.
  • The agreement details terms related to permanent way materials, electrification, and maintenance of the siding.
  • Responsibility for traffic, freight, damages, and maintaining the siding's traffic flow are clearly described.
  • The agreement includes clauses regarding termination due to insufficient traffic, insolvency, or death of the applicant, as well as the costs associated with these events.
  • The agreement contains provisions concerning disputes or differences through arbitration if necessary.
  • Various other provisions cover aspects like rent, removal of materials contingent on termination, and specific requirements to maintain the siding's condition over time. Notably, the agreement outlines terms regarding the use and operation of the siding by outside parties, and the applicant's liability in these scenarios.
  • This document sets clear expectations, obligations, and costs for both parties involved in the private siding agreement.
  • The document specifies the form for describing the applicant (single person, partnership, or company).
  • If the applicant requires further survey work, additional costs will be incurred.
  • The agreement specifies different scenarios for land acquisition and payment according to the location within or outside the railway boundary.
  • Maintenance and charges may be based on specific percentages or actual expenses.
  • Terms regarding weigh bridges, level crossings, and the employment of personnel related to them are part of the agreement.
  • The applicant may be responsible for the cost of electrification of the siding if needed in the future.
  • The agreement outlines the scenarios in which the Railway Administration may close the portion of the siding or convert it to public traffic.
  • The document describes the process and costs associated with terminating the agreement in several scenarios.
  • The agreement specifies how costs will be handled in the case of termination and/or if the cost of dismantlement differs from the initial deposit.
  • The agreement details issues related to safety, and the applicant's obligation to comply with railway rules and regulations.
  • The agreement includes terms concerning cost of railway staff needed, maintenance of the siding outside the railway's land, disputes, arbitrations and related processes.
  • Rights to use the siding, connect other sidings, or allow others to use the siding are detailed and subject to conditions.
  • The agreement covers issues regarding the transfer of rights or ownership of the agreement.
  • Additional clauses address the cost of execution of the agreement; alternative arrangements for handling disputes; and the conditions under which the Railway Administration might transfer siding work to other individuals/companies.

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