APPENDIX IX SPECIMEN FORM OF OUT-AGENCY AGREEMENT PDF

1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT APPENDIX IX SPECIMEN FORM OF OUT-AGENCY AGREEMENT...

1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT APPENDIX IX SPECIMEN FORM OF OUT-AGENCY AGREEMENT (Para. 1710) MEMORANDUM OF AGREEMENT made this.............................day of................................ BETWEEN THE President, Union of India, acting through the General Manager/Chief Commercial Manager/Divisional Rly. Manager or any other authorised officer of the..................................................RAILWAY (hereinafter called the Railway Administration) of the one part and Messrs..........................:.......................... (hereinafter called the Contractors) of the other part in respect of...........................................................Out-agency of the said Railway-. WHERE AS the Railway....................Administration has established an Out-agency at.......... for the booking and conveyance of passengers, luggage, parcels and goods of all kinds except those notified from time to time in the Railway Goods and Coaching Tariffs, between the aforesaid place and the railway station at........................in connection with the railway and all railway lines and Out-agencies with which the..................................................... Railway has through booking arrangements. AND WHEREAS the Contractors have agreed with the Railway Administration to carry and convey the passengers, luggage, parcels and goods between........................................... Out-Agency and...................................... Railway station upon the terms and conditions hereinafter contained. It is hereby mutually agreed by and between the parties hereto as follows :— I. In this Agreement, unless a different intention appears from the subject or context, the expression — (a) The "President, Union of India" and "The General Manager of the.................................. Railway" include their successors and assigns. (b) "Contractors" include the legal representatives of the Contractors. (c) "Out-agency" means the Out-Agency established at..............................for the booking and conveyance of passengers, luggage, parcels and goods between the aforesaid place and the Railway station at................................... in either direction when such passengers, luggage, parcels and goods are booked from or to any stations on the......................................Railway or other Railways or Out- Agencies having through booking arrangements with the Railway other than the above railway station. (d) "Passenger" means a person traveling with a valid pass or ticket. (e) "Luggage" means the goods of a passenger either carried by him in his charge or entrusted to a Railway administration for carriage. (f). "Parcels" means goods entrusted to a railway administration for carriage by a passenger or a parcel train. (g) "Goods" includes — (i) containers, pallets or similar articles of transport used to consolidate goods, and (ii) animals. II. The Contractors shall be deemed to be the Agents of the Railway Administration and shall be subject to all the legal liabilities of Agents as are laid down or defined in the law relating to Agents in force in India for the booking of passengers and receipt and delivery of all luggage, parcels and goods (other than passengers, luggage, parcels and goods booked for conveyance between...............................................Railway station and the Out-Agency referred to above) which may be booked between the Out-Agency and the.....................................................................Railway and all Railway lines and Out-Agencies with which the..........................................................Railway has or may. at any time, have through booking arrangements and for the conveyance of all such passengers, luggage, parcels and goods between the said Out-Agency and the..............................................Railway station in either direction. III. (a) The Contractors shall carry passengers to and from............................................. station at their sole risk and responsibility and shall be responsible for any claim, damage suit or demand on account of any injury to any passenger while travelling in or getting into or alighting from the motor vehicles and https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 1/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT shall indemnify the Railway Administration against all claims, damages, suits and demands preferred against the Railway Administration by third party. (b) The Contractors shall insure in the joint name of the Contractors and the Railway Administration their motor vehicles against accidents to passengers and to third party and against damage to property including partial or entire loss to a limit of Rs...............................................for any one accident but this shall not in any way limit their liability in respect of any such accident. The premia shall be paid by the Contractors sufficiently before the due dates to permit proof Of payment to be produced on the due dates for the inspection of the Railway Administration PROVIDED ALWAYS the Railway Administration may itself pay any primia over-due and outstanding and deduct the amount thereof from the Security Deposit as hereinafter mentioned or from any sums due or to become due and payable by the Railway Administration to the Contractors but nothing herein contained shall in any manner make the Railway Administration responsible for payment of the premia on due dates and PROVIDED ALWAYS that all sums payable under this insurance will be paid to the Railway Administration by the insurer for and on behalf of both parties, thereto. (c) If the Contractors fail and/or neglect at any time to supply a sufficient number of vehicles, drivers or other staff required in connection with this Agreement it shall be lawfull for the Railway Administration at the expense of the Contractors to engage all such conveyances and labour as may from time to time be, required and to recover all expenses this incurred from any sums that may be due by the Railway Administration to the contractors under this Agreement or from the security deposit as hereinafter mentioned provided that such recovery shall not prejudice other remedies available to the Railway Administration to realise the balance due, if any. (d) Should the contractor fail and/or neglect at any time to arrange for uninterrupted service in the sale of tickets or booking of parcels/goods as per working hours prescribed by the Railway Administration, the latter shall have the right to deploy its own staff to work at the agency and all expenses incurred in connection with the above and any other expenditure incurred by the Railway shall be recoverable from the contractor. (e) The Railway Administration shall give publicity to the services covered by the Agreement in such a manner as may be decided by them and the publicity that the contractor desires to undertake in this behalf shall be subject to the approval of the Railway Administration. IV. The contractors shall supply a sufficient number of water-proof sheets, screens etc. necessary to protect from rain, etc. all passengers, luggage, parcels and goods booked to and from the Out-agency while in transit. V. All inward luggage, parcels and goods shall be considered to be in the Contractors' possession and in their care and custody and at their risk and responsibility from the moment that such luggage, parcels and goods shall have been delivered to and signed for by the Contractors or by a person authorised to act on their behalf or shall have been loaded in motor vehicles, or other conveyance belonging to or provided by them for the purpose, at the place where carriage by the railway ceases. All outward luggage, parcels and goods shall be considered to remain and be in the Contractors' possession and in their care and custody and at their risk and responsibility, until the same shall have been received and stacked at the places and in the manner required by the Railway Administration and signed for by a railway clerk, for the time being in the service of the Railway Administration at the railway station at which such luggage, parcels and goods are to be transferred to the............................................Railway for further transit. VI. (1) The Contractors shall carry on the business of the Out-Agency in strict accordance with the terms and conditions contained in this Agreement and shall forthwith deposit with the Financial Adviser and Chief Accounts Officer of the..........................................Railway a sum of rupees........................................................as security for the due fulfillment of each and all of the said terms and conditions to be observed by them. The said sum of rupees.............................is hereinafter called the "Security Deposit". The Contractors shall further deposit with the Financial Adviser and Chief Accounts Officer of the.................. Railway a sum of....................................as security to cover the average monthly outstanding such as unaccounted for or undelivered consignments. The Financial Adviser and Chief Accounts Officer of the..................................................... Railway.....................shall further be empowered to retain from the current month's dues of the Contractors any sum or sums outstanding over and above an amount equal to the security plus two month's normal Out-agency charges in any one month. The amount will be adjusted monthly with reference to the transactions of the month subsequent to that in which. the deduction is made. Besides, the Railway Administration is empowered to recover from their dues the amounts of admitted debits not paid in by the Contractors within a reasonable time. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 2/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT (2) The Railway Administration shall have full power and authority at all times to apply the whole or any part of the security deposit and any other money at any time due by them to or held by them for and on behalf of the Contractors in and towards the satisfaction and discharge of any sums at any time due by the Contractors to the Railway Administration, or of any claims made on, or loss or damage suffered by the Railway Administration in consequence of any default, misconduct, negligence or omission on the part of the Contractors or their servants or other persons acting for or under the authority or with the permission of the Contractors in the conduct of the business of the Out-agency in accordance with the terms and conditions of this Agreements, or in any matter arising out of, connected with, or relating to any such default, misconduct, negligence or omission as aforesaid. No interest shall be allowed on the deposit or any portion of the same if held in cash by the Railway Administration but any interest accruing on the said deposit if made in marketable securities will be credited to the Contractors and the Contractors shall pay all charges for the deposit and withdrawal of the marketable securities and for collections of interest thereon. (3) In the event of any portion of the security deposit being so applied by the Railway Administration during the continuance of this Agreement, the Contractors shall, on being informed by the Railway Administration of the amount so applied, forthwith deposit with the Financial Adviser and Chief Accounts Officer of the................................................. Railway a sum equal to the amount so applied so as to keep up the amount of the security deposit to the full sum of rupees.................................and, failing this, the Railway Administration may make up the amount of the security deposit accordingly from any sum thereafter accruing due to the Contractors. (4) Upon the expiry of ( ) months next after the date on which this Agreement is in any manner determined, the Contractors shall be entitled to the refund of the security deposit, or portion thereof then standing to their credit, after fully discharging and satisfying all sums (if any) due to the Railway Administration from the Contractors under this Agreement, including claims for which the Railway Administration may be liable on account of the Contractors and all losses suffered and expanses incurred by the Railway Administration in consequence of the default, misconduct, negligence, omission or other wrongful act of the Contractors, their servants or other persons acting on their behalf: Provided that the Railway Administration shall not be obliged to refund the security deposit or any portion thereof unless and until the Contractors shall first deliver to them a certificate in writing, certifying that the Contractors have no outstanding claims or demand under or arising out of, or in any way connected with or relating to the Agreement, against the Railway Administration. (5) Nothing contained in this clause shall be deemed in any way to limit or affect any other lawful right, remedy or relief to which the Railway Administration may at any time be entitled under this Agreement, or any law for the time being in force in respect of any breach by the Contractors of any of the terms and conditions of this Agreement, or any cirminal or unlawful act of the Contractors, their servants or other persons acting on their behalf, or in respect of anything discovered by the Railway Administration after the return of the security deposit or portion thereof; or in respect of any sums due to the Railway Administration by reason that the security deposit and other sums belonging to the Contractors coming into the hands of the Railway Administration are insufficient to satisfy and discharge the entire liability of the Contractors to the Railway Administration. (6) The security deposit is liable to be increased to cover any increased traffic handled by the Contractor or the average monthly outstanding as per Coaching and Goods balance sheets, average being based on 6 months' figures; and the contractor shall on being informed by the Railway Administration of addl. amounts deposited the same forthwith with the Railway Administration failing which the amount will be adjusted monthly from the dues of the Contractor. VII. The books and accounts of the out-agency shall at all proper times and places be open to inspection and internal check of the..............................................................Railway Accounts and Audit Establishment in the same manner as is customary in the case of the books and accounts maintained at railway stations on the............................ Railway. VIII. In the event of any loss or damage, however, caused, arising or occuring to or in respect of any luggage, parcels and goods or any consignment thereof white in transit under the through booking arrangements of the Railway in connection with the Out-Agency and of the Railway Administration being unable clearly to fix the responsibility for loss or damage or to specify the precise extent of the liability of the Contractors in respect thereof, then, and in even' such case, such loss or damage shall ordinarily be divided between, and borne by the contractors and the Railway Administration respectively, in proportion to the freight earned by each from the luggage, parcels and goods or consignment in respect of which https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 3/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT such loss or damage is caused and in case of luggage where no freight is recoverable in proportion to the freight that should be due if such luggage had been ordinarily charged for at luggage rates : Provided that decision of the Railway Administration as to the extent of the liability of the Contractors for any such loss or damage shall, in every case, be final and conclusive." IX. No claim on account of overcharge or under charge in connection with fares and freight or apportionment of fares and freight being Re. 1/- or less in the case of any passenger, or any consignment of luggage, parcel or goods shall be made by the Contractors against the Railway Administration or by the Railway Administration against the Contractors. Provided, however, that if at any time it is noticed that undue advantage is being taken by the Contractor of the provisions of this clause, the Railway Administration shall be entitled to modify or revise or delete this clause as it may deem proper. X. Save as herein otherwise provided no claim on account of freight or other charges on traffic interchanged between the Out-Agency and the.........................................Railway or on account of apportionment thereof. which the Contractors may prefer against the Railway Administration or the Railway Administration may prefer against the Contractors shall be entertained by the Railway Administration or the Contractors respectively unless the same has been made within six months from the end of the period or the month, as the case may be, in which the entry giving rise to such claim has been accounted for in the returns provided to be submitted hereunder: Provided that in the case of freight charges in connection with consignments in which claims for compensation have been paid or in which refunds have been made to the public (which term shall include Government Departments) on account of over charges, and of readjustment of freight charges necessitated by the operation of the rules affecting through booking of traffic as laid down for the time being by the Indian Railway Conference Association, the Contractors shall entertain such claim as aforesaid, if made by the Railway Administration within twelve months from the end of the period or month as herein before mentioned, provided further that nothing in this clause contained shall be deemed in any way to limit or affect the right of the Railway Administration to claim freight charges erroneously credited to the Contractors for traffic not actually conveyed by them over the Out-Agency. XI. The Contractors shall not establish any other Agency for the conveyance of passengers, their luggage, parcels and goods, directly or indirectly at......................................during the continuance of this Agreement nor shall they at any time assign or sublet, or in any manner transfer to any other person the whole or any part of the right or obligation conferred or imposed upon them by this Agreement or any of the business connected with the Out-Agency hereby constituted. XII. Except as otherwise provided for in clause XVII, either party to this Agreement may determine the same upon the expiry of six months notice in writing given to the other of his intention of doing so. The Railway Administration may, however, terminate the agreement otherwise than by giving six calendar month's notice in the following case and/or in the manner provided for hereunder:— (a) If the Contractors become bankrupt or insolvent or have any execution levied upon them or their goods or property then the Railway Administration may terminate the Agreement forthwith by writing under the hand of the General Manager of the Railway Administration, the Contractors forfeiting all sums of money belonging or due to them. (b) If the Contractors are a joint Hindu trading family on the death of the managing member or if there is a partition in the family, the Railway may terminate the Agreement by giving one week's notice to the then senior adult member or to the senior adult member of the family as the case may be. (c) In the event of any breach of any of the terms and conditions of this Agreement by the Contractors, their servants, agents or any persons acting for and on their behalf or under their authority or with their permission, or of the Contractors at any time failing to perform all or any of the services required of them by this Agreement within a time deemed reasonable by or in a manner satisfactory to the Railway Administrations, the Railway Administration may without prejudice to any other right, remedy or relief to which they may otherwise be entitled under this Agreement or any law for the time being in force, revoke and determine this Agreement, after the expiry of one week's notice in writing to be given to the Contractor of their intention of doing so. (d) In the event of the Railway line being extended to the Out-Agency, the Railway Administration shall intimate to the Contractors at an/as early a dale as possible the date fixed for the opening of the new line, and on such intimation being given to the contractor the Agreement shall stand terminated. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 4/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT XIII. The Agreement shall at all times be open to revision and amendment by mutual agreement between the Railway Administration and the Contractor. XIV. The Contractors shall pay such penalty at the Railway Administration may inflict for any complaints against the Contractors which are bonafide and substantiated or for failure of the Contractors lo fulfil any of the terms and conditions of this Agreement. The decision of the Railway Administration in this respect will be final and binding on the parties. In the event of the Contractors' failure to pay penalty so imposed within the time fixed by the Railway Administration in each case, it shall be lawful for the Railway Administration to deduct the amount of such penalty from the monthly Out-Agency bills of the Contractors and the Contractors shall be liable to pay to the Railway Administration the penalty imposed. XV. Any notice, letter or other communication which shall be sent by the Railway Administration by registered post addressed to the Contractors at their Head Office at.....................................................shall be deemed to have been delivered to the Contractors. XVI. The Contractors shall bear the cost of stamping and execution of the Agreement. XVII. This Agreement shall be deemed to have come in force on and from the................... day of.........19...... and shall subject to the provision for earlier termination as herein provided, remain in force for a period of............................... years. Special Stipulations to be observed by the Contractors in carrying on the business of the Out- Agency XVIII. The Contractors shall comply with and observe each and all of the terms and conditions hereinafter set forth and provided for carrying on the business of the Out-Agency that is to say :— (1) The Contractors shall maintain proper books and accounts to the satisfaction of the Railway Administration of the entire Out-Agency business carried on under this Agreement, and shall duly account to the proper officers of the Railway Administration for all passengers, luggage, parcels and goods and moneys received on account thereof or in connection therewith: such books and accounts shall be. at all times, open to inspection by the Railway Administration or any officers or officials deputed by them. (2) The Contractors shall convey with reasonable diligence and speed to the satisfaction of the Railway Administration all passengers, luggage, parcels and goods received for carriage between the Out-Agency and.................Railway Station on the.................................................................Railway in either direction according to the true purport and intent of this Agreement and of the Out-Agency's business carried on thereunder, and if there is any delay on the part of the Contractor in the clearance of parcels and goods received at station for the agency, he shall pay to the Railway Administration detention charges, as may be prescribed by the Railway Administration from time to time in the case of parcels not removed within 48 hours from the midnight of the date of their arrival at...............................Railway station. (3) The Contractors shall, at all times, keep up such number of motor buses and lorries and other conveyances suitably equipped for the transport of passengers, their luggage, parcels and goods including such equipment and overhead lifting appliances as may, in the opinion of the Railway Administration, be sufficient for the purpose of efficiently earning on the business of the Out-Agency and shall at all limes maintain the conveyances and equipment so kept up in good and serviceable condition to the satisfaction of the Railway Administration. (4) The Contractors shall duly and punctually pay all registration, licence and other fees and all taxes payable in respect of the said vehicles. (5) The Contractors shall provide and maintain at their own expense a garage or garages for the accommodation of their vehicles and shall at all times afford to the officers of the Railway Administration all necessary facilities for the purpose of inspecting the said vehicles. They shall also appoint and provide at their own cost for each vehicle a driver and such labour and other staff as may be necessary for the proper loading and unloading of the packages in such manner as may be required by the Railway Administration. (6) The Contractors shall arrange to carry between.............................................Railway Station and the Out-Agency, Passenger, Luggage, parcels and goods traffic by motor vehicles. In case of emergency or rush of abnormal traffic, the Contractors shall arrange to continue to fulfil the terms and conditions of this https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 5/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT Agreement by employing at their own risk, responsibility and expense, such additional transport in addition to their normal fleet of vehicles, as may be necessary to cope with the traffic offering and at the same time indemnify the Railway Administration under the terms of this Agreement against any loss, damage, injury. etc, caused in such additional transport in the same manner as if this traffic was being conveyed in their own transport duly covered by insurance. (7) The Contractors shall appoint, and at all times maintain, competent clerks to the satisfaction of the Railway Administration at the Out-agency and also at the station to conduct the business or the Out- agency at their own sole risk and on their responsibility and shall provide good and suitable office and storage accommodation, furniture fittings and other things at these places, to the satisfaction of the Railway Administration The Contractor shall employ only such persons whose character has been verified by the Police and who are declared to be suitable for employment. Such documents are required to be made available for inspection at the agency premises. (8) The Contractors shall be responsible to comply with the provisions of the Employment of Children Act. 1938. or any statutory modifications thereof and the rules framed under the said Act and shall not employ or permit any child who has not completed his fifteenth year of age to work under them. They shall further, before employing any person, have his age verified as laid down in the rules framed under the said Act (9) The Contractors shall not employ any person previously in the employment of the Railway Administration without the express sanction of the Railway Administration. (10) The Contractors shall allow carriage of Railway publicity material and other Railway articles meant for use at the Out-agency free of charge between the said Out-agency and..................................Railway station whenever by the Railway Administration. (11) The Contractors shall observe and comply with the instructions for the working of the Out-agency contained in Annexure "A" (signed by the parties) and annexed hereto and the said Annexure "A" shall be read with, and taken as part of this Agreement. (12) The Contractors shall be responsible for all errors, oversights and undercharges made by the staff maintained by them at the Out-agency or elsewhere. (13) The Contractors shall be responsible for the correct collection of fares from passengers booked from the Out-agency and of freight and other charges on consignments of luggage, parcels and goods booked Inwards "To pay" and Outwards "Paid" and for depositing the total amount received daily in full at............ or at a nationalised bank under the credit of the Railway Administration and such bank should be approved by the Railway Administration. The Contractor shall also be responsible for the safe custody of the cash till it is deposited as hereinbefore stated. Any delay beyond the next calendar clay in depositing of such amount shall be treated as a breach of the Agreement. (14) The Contractors shall be responsible for and shall make good and shall render harmless and indemnify the Railway Administration for and in respect of all claims, damage suit or demand on account of any injury to any passenger or for any loss or damage of whatever kind and from whatsoever cause arising, which may occur to. or in respect of any luggage, parcels and goods while in their possession, care or custody (as provided in Clauses III and V) and shall refund to the Railway Administration all payments which the said Railway Administration may lawfully make to any persons in respect of any such loss of damage as aforesaid. (15) The Contractors shall charge the public using the Out-agency and shall receive payment from the Railway Administration for performing the service hereby agreed upon in connection with the said Out- agency according to the scale of rates and charges prescribed in Annexure "B" (signed by the parties) annexed hereto or such other rates and charges as may from time to lime hereafter the mutually agreed upon between in place thereof. If the Contractors shall at any tune charge any person a higher rate than that prescribed in Annexure "B" or for the time being in force in place thereof, they shall, without prejudice to any other penalty, prosecution or preceding to which they may be liable under this Agreement or any law for the time being in force, be deemed to have committed a breach of the Agreement. The rates and charges for the time being in force under this Agreement will be duly notified, from time to time, by the Railway" Administration in the tariffs and departmental circulars of the.................................................Railway Administration and all alterations in such rates and charges shall take effect and come into force from such dale as is notified in such tariffs and circulars and not before. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 6/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT (16) The Contractors shall make no charge of any kind whatsoever to the consignor or consignee for the booking or carting of any luggage, parcels or goods or for any duty which they should perform in pursuance of this Agreement, or of the Out-agency's business carried on thereunder, beyond the ordinary freight or wharfage charges prescribed in the aforesaid Annexure "B" for the time being m force as hereinbefore provided. (17) The Contractors shall allow any officer or subordinate of the..........................Railway or deputed by the Railway and entrusted with the duly of inspecting the Out-agency or visiting it in connection with any enquiry, a free conveyance to and from the Out-agency and..........................................Railway Station whenever required by the Railway. (18) All or any of the powers and functions reserved to the Railway Administration by and provided for. in sub-clauses 3.7 and 17 of this clause of this Agreement, may from time to time, be discharged by the Chief Commercial Manager of.......................................Railway. Divisional Rly. Manager of................. Division of.......................................... Railway. or any officer deputed by them for the time being. Similarly, the Financial Adviser and Chief Accounts Officer..........................................Railway, or any officer deputed by him. is empowered by the Railway Administration to carry out the inspection of the books and accounts referred to in the last sentence in sub-clause 1 of this clause of this Agreement. (19) The Contractors shall not compete with the Railway Administration in any way, whatsoever, whether directly or indirectly by carrying passengers, luggage, parcels and goods over any section of road that is an alternative route to any portion of the rail route. (20) The Contractors shall at all times indemnify the Railway Administration against all claims which may be made under Workmen's Compensation Act or any statutory modifications thereof or otherwise for or in respect of any damages or compensation payable in consequence of any accident or injury sustained by any workman, labourer or other person in the employment of the Contractors and shall take all risk of accidents or damage which may cause a failure of the performance of all works from whatever cause arising and the entire responsibility for the sufficiency of all the means used by them for the fulfillment of the contract. (21) The Contractors shall observe and perform all the provisions of the Payment of Wages Act or any Statutory Modification thereof for the time being in force and any rules and regulations made thereunder with regard to the payment of wages to all persons employed by them under this Agreement and shall indemnify the Railway Administration from and against any claim under the Act by or on behalf of any person employed by them and in respect of any application by any inspector appointed under the Act relating to a breach or non-performance by the Contractors of any of their obligations under the Act and any costs incurred by the Railway Administration in connection with any such claim or applications. If, in compliance with the terms of this contract, the Contractors supply any labour to be used wholly or partly under direct orders control of the Railway Administration whether in connection with any work being executed by the Contractors or otherwise for the purposes of the Railway Administration such labour shall for the purpose of this clause be deemed to be persons employed by the Contractors. If any money shall, as the result of any claim or application as aforesaid be ordered to be paid by the Railway Administration, such money shall be deemed to be money payable to the Railway Administration by the Contractors and on failure by the Contractors to repay to the Railway Administration any money paid by it as aforesaid within seven days after the same shall have been demanded, the' Railway Administration shall be entitled to recover the same from any money due or accruing to the Contractors under this Agreement with the Railway Administration. (22) The Contractors and their staff at Out-agency shall be deemed to be fully acquainted with the Railway Administration Tariff Rules and the detailed instructions issued in other books..................................Out- agency shall be treated as a station on the Railway's system. Stipulations by the Railway Administration XIX. For and in consideration of the terms and conditions of this Agreement to be observed and performed by the Contractors the Railway Administration shall pay to the Contractors for the carriage of passengers, their luggage. parcels and goods between the Out-agency and..............................................station in cither direction the rates specified in the aforesaid Annexure "B". or such other rates as may for the time being in force, in place of those contained in Annexure "B" under sub-clause (15) of Clause XVIII of this Agreement. The Railway Administration reserves the right to forego any wharfage charges accrued or accruing at the aforesaid Out-agency and the Contractors shall have no claim in respect of such charges. In case the godowns do not belong to the Contractors, the charges would be retained by the Railway Administration. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 7/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT The wharfage charges realized on consignments while in the custody of the Contractors shall also be credited to the Contractors provided that any refunds sanctioned by the Railway Administration to a consignee shall be deducted from the sums due from the Railway Administration to the Contractors. The Railway Administration shall not pay to the Contractor any rent for the premises used for the agency. Provided, however, that the building taken on lease by the Contractor in connection with the business of the agency shall be inspected and approved by an Officer deputed by the Railway Administration. Similarly, the Railway Administration shall not pay the Contractor any expenditure for installation and maintenance of telephone in the building taken on lease to carry out the works of the agency. XX. The Railway Administration shall supply at the cost of the Contractors movable boards marked"................Railway" to be hung on all vehicles earning the Out-agency's passengers, luggage, parcels and goods. XXI. All payments to be made to the Contractors shall ordinarily be made monthly, and usually not later than the 25th of the second month following that for which the payments are due. on presentation of bills by the 10th of following month in duplicate in the form as may be prescribed by the Railway Administration, and prepared separately for local and foreign traffic to the Financial adviser and Chief Accounts Officer..........................Railway. XXII. The Railway Administration shall arrange the supply of necessary books and forms to the Contractors for the working of the Out-agency's traffic, free of cost. XXIII. The Railway Administration shall supply a weighing machine, a ticket tube, a dating machine, a ticket nipper and such number of leather cash-bags as may be considered necessary for the Out-agency. The articles shall remain the property of the Railway Administration and the weighing machine shall also be maintained by the Railway Administration. The Contractors shall, however, be responsible for the safety of these articles and shall be liable for any damages caused thereto by the negligence of the Contractors or their employees, agents or servants. XXIV. The Railway Administration shall give publicity to the service covered by this Agreement in their Time Tables and Guides and other publications as may be decided by them and the publicity which the Contractors desire to undertake in connection with the service shall be subject to the approval of the Railway Administration. XXV. The Railway Administration, at its discretion shall issue such passes for the use of the Contractor, as may be considered necessary for journeys in connection with the work of the Out-agency under the Agreement. XXVI. Except as otherwise provided, a verbal or written arrangement, abandoning, varying or supplementing this contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Railway Administration unless and until the same is endorsed on this Agreement or is incorporated in a formal instrument and signed by the parties hereto and till then the Railway Administration shall have the right to repudiate such arrangement. The Railway Administration shall have right and be entitled to withhold payment of dues of the Contractor under this Agreement, in the event of a breach, in the opinion of the Railway Administration of any of the terms and conditions of any agreement entered into by the contractor with the President of India through the General Manager................. Railway or any other authorised officer of any Railway belonging to the Government of India. XXVII. In the event of any difference of opinion or dispute between the Railway Administration and the Contractors as to the respective rights and obligations of the parties hereunder or as to the true intent and meaning of those presents or any articles or conditions thereof, such difference of opinion shall be referred to the sole arbitration of an officer deputed by the General Manager.......................................Railway, for the time being whose decision shall be final, conclusive and binding on the parties, the intention of the parties being that every matter in respect of this Agreement must be decided by him as sole arbitrator and not taken to a Civil Court. IN WITNESS WHEREBY the parties have hereunto subscribed their names at the places and on the dates hereinafter mentioned respectively. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 8/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT Signed for and on behalf of the President, Union of India by General Manager of the.......................................................... acting in the premises by order of the President Union of India, at.....................................on the.......................... General Manager. Witnesses:—.............Railway. (1).................................................................................... (2)..................................................................................... Signed by................................................................... Contractor at.............................................................. on...........................................................in the present of:— Contractor Witnesses:— (1).......................................................................................... (2).......................................................................................... ANNEXURE A RULES FOR THE WORKING OF THE OUT-AGENCY 1. Booking and despatch of outward luggage, parcels and goods (a) The Contractors will arrange to book direct all luggage parcels and goods traffic, offered for despatch at the Out-agency subject to the conditions and exceptions provided for in Annexure B. The booking will be done direct from the Out-agency to all stations and Out-agencies open for receipt of such traffic, except to the stations via which the Out-agency is worked. The booking will be done on the forms prescribed for railway stations, i.e., luggage tickets, parcel way-bills and invoices, and in strict accordance with the rules laid down by the Railway Administration in the books, circulars, notices and other publications referred to in paragraph 4. (b) The accounting of luggage tickets, parcel way-bills and invoices will be done at the Out-agency and sent to the Accounts Office, in the forms and books prescribed for railway stations. (c) All such luggage, parcels and goods on arrival at the station via which the Out-agency is worked will be carefully compared by the railway clerk with the connected luggage tickets, parcel way-bills and invoices and entered in the Transhipment Register............................ The Railway clerk will sign in the column "Remarks" any defective conditions, etc. of the packages All such remarks will be countersigned by the Contractors' representative. 2. Receipt and disposal of inward luggage, parcels and goods (a) All luggage, parcels and goods booked to the Out-agency on arrival at the junction station with the Out-agency will be entered in the Tranship-parcels, and goods booked to the Out-agency on arrival at the junction station with the Out-agency will be entered in the Transhipment Register..................and made over along with the connected luggage tickets, way-bills and invoices [see paragraph (b) below] to the Contractors' representative who will sign for the same in the Transhipment Register in the column headed "Signature" and record in the column "Remarks" any defective conditions, &c, of the packages. (b) The Contractors' representative will, however, receive any consignment marked for the Out-agency even where the connected luggage ticket, way-bill or invoice has not been received. A copy of luggage tickets, way-bill or invoice will be prepared from the railway receipt and taken to account subject to any undercharge being recovered, on receipt of the original or a certified copy thereof from the forwarding station. This should be called for when not received. (c) On arrival of luggage, parcels or goods at the Out-agency the luggage tickets, parcel way-bills or invoices will be taken into account, and the traffic and documents dealt with, in strict accordance with the rules laid down by Railway Administration in the books, circulars, notices and other publications referred to in paragraph 4. (d) Inward luggage tickets, parcel way-bills or invoices must be taken to account immediately upon receipt, in the accounts then in hand, even when the consignment has not been received, the amount being shown outstanding until the luggage, parcels or goods have been delivered or orders received for the outstanding to be cleared otherwise. 3. Responsibility of the contractors for freight and other charges https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 9/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT The Contractors shall be responsible for the collection of passenger fares and freight charges on luggage, parcels and goods traffic and undercharges, if any. in accordance with the rules applicable for similar traffic on.......................................... Railway station. 4. Books and forms The Contractors shall maintain all such books and forms as may be required from time to time by the Railway Administration, for the proper booking and accounting for all traffic booked to and from the Out- agency in accordance with the rules appearing in the..................... Railway tariffs and similar other publications and such other instructions as may be issued from time to time by the General-Manager. Chief Commercial Manager, Divisional Railway Manager or Financial Adviser and Chief Accounts Officer of the................................. Railway. One copy of each such book, &c. as are required to be maintained, will be supplied free of charge by the Railway Administration, on the Contractors indenting for them on the Divisional Railway Manager. Books etc. required to replace those lost or otherwise destroyed or in addition to those supplied free of charge, will be supplied only at the expense of the Contractors. 5. Returns The Contractors shall arrange to submit to the Financial Adviser and Chief Accounts Officer.......................................... Railway, or his authorised representative complete returns relating to luggage, parcels and goods traffic dealt with at the Out-agency showing separately the agency and the railway proportions, also balance-sheets in connection therewith, in the manner prescribed in the books referred to above and in any supplemental, general or special instructions issued by the Financial Adviser and Chief Accounts Officer or Chief Commercial Manager.................................................Railway, Divisional Railway Manager........................................................................Division of..........................Railway. 6. Refunds In no circumstances shall the Contractors allow a refund of freight or any other charges on consignments, booked to and from the Out-agency, and all such claims will be forwarded to the Chief Commercial Manager......................................................................Railway or his authorised officer. Overcharges due to errors in classification, rate or computation of freight on consignments booked "To-Pay" discovered prior to the delivery of consignment will, however, be refunded by the Contractors at the time of delivery, the consignee being asked to acknowledge the refund on Refund List. The form bearing the acknowledgement will be sent to Financial Adviser and Chief Accounts Officer..............................Railway or his authorised representative along with the connected balance-sheet. 7. Remittance of cash The Treasury Remittance Note Book which is in trefoil will be kept by the Contractors. In this book the total cash collections will be entered, and sent by the Contractors along with the two outer foils to the................................................ as laid down in Clause XVIII(13) of the Memorandum of Agreement. The.....................................................Officer will sign both outer foils, and return them to the Contractors who will submit one outer foil to the Financial Adviser and Chief Accounts Officer by the same days' post, together with the Cash Remittance Note. The other outer foil will be pasted to the counterfoil of the book. Credit Notes and vouchers will also be entered in the Cash Remittance Note which will show the earnings on account of goods and coaching separately. Only one Cash Remittance Note for each day's remittance of cash and vouchers will be prepared and if there be no cash collections on any day, a "Nil" Cash Remittance Note will be prepared and submitted to the Financial Adviser and Chief Accounts Officer. Dated Contractors General Manager ANNEXURE B OUT-AGENCY AT........................ GENERAL CONDITIONS APPLICABLE TO THE OUT-AGENCY 1. The Railway Administration will not undertake any liability on behalf of the Contractors under the Common Carriers Act, III of 1865. 2. Coal, offensive goods, explosives, dangerous goods, arms and ammunition.................... (descriptions https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 10/11 1/27/25, 8:42 PM APPENDIX IX SPECIMEN FORM OF OUT of traffic for which the Out-agency is not open for booking) will not be booked. Small consignments of safety cartridges and ammunition for private individuals will, however, be accepted, and will be carried over the Out-agency at owner's risk. 3. Perishables shall be accepted at owner's risk. 4. Goods liable to damage by rain must be packed in waterproof coverings. 5. Goods carried over the railway at owner's risk will be carried over die Out-agency also at owner's risk. 6. The maximum weight of any single package will not exceed one quintal in the case of parcels and 8 quintals in the case of goods, except where special arrangements have been made. 7. The actual weight will be taken as the basis for the calculation of charges, except where otherwise specified. The rule as to fraction of weight and charges obtaining on the...................................Railway shall also apply over the Out-agency. 8. Parcels charged by measurement on the.............................................Railway will be similarly charged over the Out-agency. 9. Wharfage will be charged under the rules at the rates applicable over the..................... Railway. 10. The following will be the fares for passenger and rates for luggage, parcels and goods traffic between the Out-agency and...........................Railway station:— Contractors General Manager Dated...............................Railway Dated https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentAppendix9.htm 11/11