Post on 13-Jul-2020
Special Terms and Conditions of E-Auction Sale
Firozpur Division, Northern Railway, Firozpur
1.0 The E-auction will be conducted on IREPS site for the lots of scrap materials
on “as is where is basis” by Railway Administration (henceforth also called
as “Railway” or “Administration”) on behalf of the President of India.
2.0 The purchasers participating in E-auction should know all the terms and
conditions of E-auction and should be aware of lots of scrap materials to be
auctioned. It is the responsibility of the purchasers to have satisfied
themselves in all respects of the lot i.e. quality, quantity, lot condition,
location, approach road and local conditions etc. before bidding for the lot.
Railway Administration, on behalf of the President of India, will not be
responsible for the incorrect weight, description, genuineness, authenticity or
any fault or defect in any lot and make no warranty whatsoever. Should any
mistake, whatever, be there in describing a lot, either in the hand-bill,
catalogue or at the time of sale, especially in stating the quantity or quality,
such mistake will not be held to vitiate or affect the sale in any way, it being
understood that the intending purchasers have satisfied themselves in all
respects before bidding for the lot. No complaint/claim by the purchasers will
be entertained in this regard after sale of lot.
3.0 Purchasers are advised to inspect the scrap lot prior to bidding.
4.0 Purchasers are allowed to inspect the lots, on an authority from the concerned
officer, at their respective sites mentioned in the catalogue, between 1000 hrs
to 1500 hrs on any working day except Saturday.
5.0 The E-auction conducting officer can reject any bid or refuse to sign the bid
sheet of any lot/ bidder/ purchaser without assigning any reason.
6.0 Should any dispute arise between two or more bidders, or for any other cause
arising in the course of auction, the auction supervising officer shall have the
right to put up the lot again for auction or to withdraw the lot.
7.0 The Principal Chief Materials Manager and/or the officer supervising the
auction reserves to himself the right to withdraw at the actual time of sale,
any lot or item that may have been advertised for sale without assigning any reason.
8.0 Railway is not bound to put the lots serially in any order and reserve the right to put any lot at any time during the period of auction according to their discretion.
9.0 All rejected/unsold lots can be tried in subsequent auctions.
10.0 Registration with IREPS site is a must for any bidder (purchaser) to
participate in E-Auction for lots of scrap of Indian Railways. For registration,
bidder needs to have a valid Class III Digital Signature Certificate (along
with Bidders Firm name) issued by licensed Certifying Authorities, an
affidavit duly notarized on stamp paper of requisite value, valid Email ID and
one time Registration fee of Rs. 10,000/=. The bidder should also have a
valid registration under the GST law with the concerned Authority for
dealing in Scrap items i.e. GSTIN Number and a PAN card (PAN Number)
issued by Income Tax Authority. They also need to have a computer with
internet browser (as indicated on IREPS website) and internet connectivity.
Without valid Digital Signature Certificate and User ID, purchaser cannot
participate in E-Auction. The bidder can either go for On Line Registration or
Manual Registration. The Bidder should also have a Bank Account with net
banking facility for participating in E-Auction. The name of the Banks, with
whom Bank Account with net-banking facility is required, is available on
IREPS website.
11.0 Online payment of EMD through Lien Feature: A Lien amount is blocked in
the user’s bank account. In the lien feature, there are three activities involved.
i. Integrate Bank Account: It means linking of bank account with IREPS.
ii. Mark/Un-mark Amount: It means blocking and unblocking of amount for bidding in E-auction.
iii. Lien Fund Transfer: EMD @10% of sold lot value (or as admissible under these conditions) will be transferred to Railways from blocked amount.
Lien facility is the facility given to bidder to integrate their bank account with
IREPS and then mark the lien for desired amount, available in their bank
account, through IREPS. Once the lien for a particular amount is held with
IREPS system, user will not be able to withdraw/use this lien marked amount
from his bank account. This amount will be used solely for bidding. Bidder
can however release/modify the amount of lien at later date subject to
verification for availability of the same by IREPS. Lien mark/unmark can be
done through the “Mark/Unmark Lien” link on left navigation pane of the
bidder after integration of bank account through the “Integrate Bank
Account” link. Lien Fund will be transferred from the integrated bank
account on which lien is marked, after the lot has been awarded to the bidder
by the concerned auction conducting officer.
12.0 The balance sale value of sold lot will have to be deposited by the purchaser
in a single instalment within 10 days from the date of acceptance of bid
(including the date of acceptance of bid) for the cases where sale value of the
lot is upto and including Rs. 3,00,000/-.
In case of sale value above Rs. 3,00,000/-, the balance sale value will have to be deposited within 15 days from the date of acceptance of bid (including the date of acceptance of bid) in:
01installment, where Sale value exceeds Rs 3 Lakh and is upto and including Rs 5 Lakhs,
02 installments, where Sale value exceeds Rs. 5 Lakhs and is upto and including Rs. 15 Lakhs, and
03 installments, where Sale value is above Rs. 15 Lakhs.(HQ Letter no. 117/Sale/Policy/RB dt. 07.06.2016).
13.0 The balance sale value will have to be deposited by purchaser at the
Divisional Cashier of the Delivery Order Issuing Authority or Divisional
Cashier (Receipt) Delhi only or at the Payment Gateway of IREPS Website.
14.0 It is clearly mentioned that payment of Balance Sale Value can be made in
cash or through Payment Gateway of IREPS Website or through Demand
Draft in favour of FA&CAO (SAB), Northern Railway, New Delhi drawn on
State Bank of India or any nationalized bank payable at the city of Divisional
Cashier where the Demand Draft is being deposited. However, Demand Draft
shall be accepted subject to realization only.
15.0 No delivery order shall be issued till full amount against the demand draft has actually been realized and cash receipt is released by the concerned Divisional Cashier.
16.0 The Payment Reference of Online Payment (printout from website) or Money Receipt regarding payment of Balance Sale Value will be sent to the Delivery Order Issuing Officer by the purchaser himself, duly signing on the same in original.
17.0 The Income tax (TCS along with surcharge, if any) on sale of scrap under
section 206C of Income tax Act shall be deposited by the purchaser @ 1% on
the „Total Sale Value plus GST (at full rate, irrespective of intra-state or
inter-state sale)‟ at the time of remittance of Balance Sale Value.
18.0 GST as applicable (along with any other surcharge or cess as applicable) will be charged extra.
19.0 Any other local taxes leviable under statute of provincial or central subject, apart from the particulars of the goods offered, shall be payable by the
purchaser and will not entitle the purchaser to evade any tax/duty, if levied
subsequently and were not announced at the time of auction. These
conditions shall guide the conduct of auction.
20.0 The custodian of the sold lots shall be responsible to generate manual invoice
for payment of GST amount (if any) on reverse charge basis and for filing of
the necessary returns to the concerned authority, by uploading of the said
manual invoice on the IREPS website. The custodian shall be responsible to
file any return of tax & to perform any assessment regarding GST and
Income Tax of the sold materials.
21.0 In case the balance sale value (BSV) is not deposited within specified 10/15
days, then on the request of the purchaser the Railway Administration, at its
discretion and on the merits of the case, may permit to deposit the same with
interest but this extended duration will not be more than 40 days from date of
auction including the date of auction. In case BSV is not deposited by the
purchaser within the said period of 40 days and money receipt is not
submitted on the same or following day, then the Earnest Money and the
Sold Lot shall be forfeited and the purchaser will have no claim/lien on the
lot and the property in the lot shall revert to the Railway. As per COS/NDLS
letter No. 117/S/SALE/RB/Scrap/2001 dt. 11/11/2010, the interest will be
charged @ 7% above the Base Rate of State Bank of India on BSV on late
payment.
22.0 After deposit of Earnest Money, if the last due-date of depositing the Balance
Sale Value happens to be a Public Holiday or Sunday (Weekly Off-Day), the
payment can be made on the next working day.
23.0 It is the responsibility of the purchasers to deposit the requisite Payment
Reference of Online Payment or Money Receipt to the concerned Delivery
Order Issuing Authority either on same day or on next day before 12’clock
positively for preparation of delivery order. If the purchaser fails to do so, the
deposited money will be forfeited by the Railway and the purchaser will have
no claim for the material and same will be treated as Railway property.
24.0 The Delivery Order shall be sent by the Delivery Order Issuing Officer to the
purchaser by Registered A/D post or shall be handed over to him/his
authorized representative in person, within 3 working days. It shall, however,
be endeavoured to send / hand over the Delivery Order earlier.
25.0 The address (including email address etc.), given by the auction sale
purchasers at the time of auction or at the time of registration with the IREPS
website, shall be deemed to be the purchaser’s business address and all the
delivery orders, correspondence, communications etc. sent to or delivered at
the address (including email address etc.) by the Railway shall be considered
as correctly delivered to the auction sale purchaser(s). It is in the purchase’s
own interest that complete postal address (including email address etc.) as
necessary is kept updated by the purchaser on IREPS website.
26.0 Separate delivery order must be obtained for each lot as sold.
27.0 The President of India will recognize only the auction sale purchaser, in whose name the bid is recorded and accepted.
28.0 The delivery order will be issued only in the name of successful bidder whose bid is accepted. Any request for subsequent change in the name of auction sale purchaser will not be entertained.
29.0 Purchasers are advised in their own interest to present the delivery orders to
the custodian concerned or his representative, as early as possible.
30.0 Once the Authorization/Delivery Order has been made over by the purchaser
to the concerned custodian and the charge of the sold lot has been made over
to the purchaser, the Railway shall not, in any way whatsoever, be
responsible for the safeguard of the said sold property.
31.0 Where the successful bidder/purchaser desires that the delivery of stores may
be given to some of his representative, a power of attorney on a non judicial
stamp paper as in the Performa given at Annexure-A may be furnished by
him duly executed before and authenticated by a Notary Public or any Law
Court or Judge or Magistrate.
31.1 Value of stamp papers for such power of attorney shall be as per the Stamp Act 1899. The amount of stamp papers required for such POA can be ascertained from the Delivery Order Issuing Office.
31.2 To safeguard against the delivery of material to any un-authorised person, the
Power of Attorney should bear the specimen signatures and a duly pasted
photograph of the person (agent) in whose favour Power of Attorney has
been issued by the purchaser for taking delivery.
31.3 Should the original buyer wish to take delivery (of the purchased scrap)
through a representative, he must authorize by executing a Power of Attorney
in favour of his agent(s), which shall be presented to the Delivery Order
Issuing Authority, for verification and authenticity. Such officer may in his
entire discretion decline to act on any such authority and it shall in all cases
be for the buyer to satisfy such officer that the authority is genuine.
31.4 The delivery by proxy will be at the purchaser’s sole responsibility and risk and no claim shall lie against the Railway on any act whatsoever if delivery is effected to wrong person.
31.5 Only one Power of Attorney, delivery against only one Delivery Order shall be permitted.
32.0 Free delivery time for all sold lots shall be allowed for 50 days only from the
date of acceptance of Bid (including the date of acceptance of Bid) and under
normal circumstances; delivery period will not be extended beyond 50 days.
However, in deserving cases, this time can be extended upto 65 days by
PCMM/CMM/ADRM at the time of auction depending on complexity of the
lot or even after auction in case Railway Administration is responsible for
delay. However, beyond 65 days, delivery can be given only after imposing
ground rent. In exceptional circumstances, when delay is purely on account
of Railway Administration, delivery time can be extended without ground
rent with personal approval of GM/AGM (CMM letter no. 117-S-Sale-RB-
Scrap-2001 dt. 11.07.2012 and Railway Board’s letter no. 2012/RS(S)/709/4
dated 29.05.2012). Further, in special circumstances, in cases which require
more time for cutting like bridge girders, microwave towers etc. CMM Sales
at Head Quarter can allow the Free Delivery Period of that lot as 80 Days in
advance of the e-Auction (duly publishing it in the auction catalogue or hand
bill) on the recommendations of the Auction Conducting Officer duly
recording proper justification for such enhanced free delivery period (HQ
Letter no. 117/Sale/Policy/RB dt. 07.06.2016).
33.0 The purchasers cannot claim the extension of delivery period as their legitimate right.
(HQ Letter No117S/Sale/RB/Scrap/2001/Part-II dt. 15-06-2010).
34.0 In the event of two or more lots being put up for bidding together at one time
and sold under one bidding, it must be clearly understood that in the event of
the whole of the material not being taken delivery up to the date allowed,
ground rent must be paid on each and every lot or portion of a lot as
described and numbered in the catalogue or hand bill.
35.0 The last date for removal of the material shall be indicated in the bid sheet
and the same would appear in the delivery order, irrespective of the date of
issue of delivery order or its receipt by the purchaser. In cases of bids
recorded subject to approval of the PCMM/Headquarters, the delivery period
as above will reckon from the date of issue of acceptance letter by the
Headquarters, and in that case, the final date of delivery will not be indicated
in the bid sheet and will accordingly be indicated in the delivery order.
36.0 If the goods are not so removed within the delivery period, they shall remain
at the purchaser’s risk until so removed and the purchaser may be entitled to
take delivery of the material only up to further period of one month of the
date of expiry of free delivery period on specific extension of such time by
the Bid Sheet Signing Officer on payment of ground rent to the Stock Holder
concerned at the rate of ½% per day of the basic sale value (excluding taxes,
duties and charges like GST and loading charges etc.) of the un-removed
quantity subject to a minimum of Rs. 10/- per day per lot. Such ground rent
and or any other charges as may have been incurred by the Principal Chief
Materials Manager shall be recovered from the purchasers before the goods
are allowed to be removed.
37.0 Principal Chief Materials Manager may at his discretion order the re-sale of the goods and forfeit the earnest money or the price if any paid by the purchaser at any time after the free delivery period allowed to the purchaser is over and the purchaser shall further be liable for all commissions and other charges and losses.
38.0 For each lot or part of a lot lying undelivered, in addition to losing the earnest
money deposit, the purchaser shall forfeit whatever deposit or payment has
been made against such purchase and shall further be held liable for all
charges and losses which may be used for and recovered in a court of law.
39.0 If the purchaser is making slow progress with his contract or if, for any reason
whatsoever, the Principal Chief Materials Manager may consider that the
purchaser will fail to fulfil his contract within the time specified in the sale
conditions, it will be lawful for the Principal Chief Materials Manager to
cancel the whole contract or such portion as may not have been completed
and the purchaser will forthwith forfeit, as and by way of liquidated damages,
the whole of his deposit.
40.0 The President does not guarantee to deliver the material within any specified time.
41.0 When the materials are actually weighed at the time of delivery, any shortage,
which may occur between the actual and estimated weight of a lot or a group
of lots sold to the purchaser, shall not be made good from any other material
available with the custodian there or elsewhere.
42.0 All quantities whether by weight measurement or number mentioned in the
auction catalogue are approximate but it must be clearly understood that the
total quantity of which a lot is comprised should be taken delivery on
payment as per actual count or weighment. Should the quantity in a lot on
actual count or weighment work out less than the advertised quantity, the
Railway will not be liable to make good the deficiency. However, purchaser
will be entitled to get a refund of the difference from the Railways. Purchaser
should apply to the Custodian concerned within thirty days from the date of
last instalment of delivery of a particular lot for claiming refund of the cost of
the quantity delivered short. In case no application is received within 30 days
of last instalment of delivery, the money thus due is liable to be forfeited.
Purchaser must give complete and correct postal address in his application of
refund. In case, there is any change or any addition in the original address
given by the purchaser (and not his name) in his application of refund than
that given at the time of auction, then the purchaser must submit a certificate
as per Annexure-B duly signed by him along with his application of refund to
the Custodian concerned to indemnify the Railway against any loss.
43.0 No interest will be paid to the purchaser on the amounts paid or deposited by him and subsequently found refundable to him under any of the conditions herein mentioned.
44.0 The purchaser will contact Sr.DMM in the division within 2 days of the issue of Delivery Order for getting fixation of delivery date. All purchasers will submit their request for taking deliveries of sold lots of P.Way Scrap to Sr.DMM of concerned Division about 10 days before the expected delivery
dates so that the delivery dates may be fixed up by the Division in such a way that the intimation of deliveries may be given well in advance to all concerned.
45.0 After the start of the delivery of a lot of P-way scrap of the division, the
purchaser shall engage sufficient number of trucks, material handling
equipments, man power and other required resources in accordance with the
size and condition of the lot for taking the delivery so that the entire delivery
of the lot is completed within the dates allotted by Railway Administration.
Railway is not liable to allot another set of delivery dates to the purchasers
unless, in exceptional circumstances, the purchasers are able to produce
sufficient evidence of a reasonable cause of not lifting the lot within the
allotted dates despite their best possible efforts.
46.0 The delivery of the lots may be permitted in installments, if desired by the purchaser. In such cases, the quantity of installment delivered shall be in proportion to the installment of payment.
47.0 Unless otherwise specified, the purchaser shall make his own arrangement
(including loading) to effect complete removal of material from railway
premises with his own labour and at his own expenses within the specified
delivery period. However, in case it is already specified in the description of
the lot that the scrap is to be loaded by Railway, the sold scrap will be loaded
by Railway, for which loading charges will be recovered from the purchaser.
Such charges will be paid along with the Balance Sale Value or in cash prior
to delivery being granted.
48.0 If the Railway is required to arrange loading, no liability for damage or breakage shall be accepted.
49.0 In case of lots sold with the loading condition of “loading by purchaser”, for
loading up of heavy materials where crane power is considered necessary, on
the request of the purchaser, the Railway may arrange loading these materials
into trucks/wagons with the crane after purchaser has paid for crane hire
charges at actual or at the rates given in Annexure-C whichever is higher. It
is to be distinctly understood that the Railway may supply a crane if and
when available according to its own convenience and programme of work
and will not be responsible for non supply/delay in supply of the crane.
Railway does not guarantee loading of trucks/wagons placed by the
purchaser to their full capacity. Any delay caused by the non supply/delay in
the supply of crane by the Railway will be deemed to be the responsibility of
the purchaser.
50.0 The loading charges @ Rs. 50/- per MT or part thereof will be levied whenever loading is to be done by Railway. For all lots of wheel sets and trolleys, spreading charges by crane @ Rs.15/-PMT or part thereof and loading charges by crane @ Rs.25/-PMT or part thereof will be charged extra.
51.0 The purchaser of the condemned vehicles shall be required to furnish an
indemnity bond on the Proforma laid down by the Railway as per Annexure-
D with a view to indemnifying the Railways against any claims which may
be raised even by a third party for any incident/accident involving the vehicle
after its delivery to the purchaser. (Ref. CMM/Sale/NewDelhi's letters 117-
Sale/7/Scrap/ Disposal/2001 dt. 15/11/2001 and 31/10/2001).
52.0 (i) “Non – ferrous metal waste, scrap like Lead, Brass, Copper, Zink, scrap
PVC insulated Copper cables, Waste/Used Oil and Used Lead acid Batteries
will be sold only to the firms having valid registration as recycler with
MOEF under Hazardous Wastes (Management, Handling and Trans-
boundary Movement) Rules 2008 and as amended and notified from time to
time by MOEF. The firm should be registered with Ministry of Environment
and Forest, Govt. of India and should possess valid registration certificate as
a recycler/Reprocessor. The purchaser will also be required to give an
undertaking at the time of purchase to refine / recycle/reprocess the waste
within the period of the validity of his certificate of registration. The persons
generating waste or auctioneers shall ensure that at the time of auction sale or
delivery, the period of validity of the certification of registration of the
registered re-finer or recycler is sufficient to reprocess the quantity of wastes
being sold or auctioned to him.” (Dy.CMM/IC/BH/NDLS letter dated 18-10-
2004; HQ NDLS‟s letter dated 20-02-2002 & dated 07-03-2006).
(ii) Waste/Used oil will be sold to valid Re-processors/Refiners registered
with MOEF i.e. Central/State Pollution Control Board only.
(iii) Used Lead Acid Batteries will be sold only to Recyclers registered with
Ministry of Environment of Forest Govt. of India under Batteries
(management and handling ) Rules 2001 as amended from time to time.(DY.CMM/IC/B.H./NDLS letter date 24-08-04).
(iv) Scrap Computers (PC, Main/Mini frame), Laptops, Note pads, Note
books, User terminals, Printers including cartridges, Telephones, Fax
Machines, Electrical & Electronic type writers, Telex, Mobile/Cellular
Phones, Cordless phones, Photocopiers, Answering Machines, Personal
computing (Calculators), Television sets (including LCD/LED type),
Refrigerators, Washing Machine and Air Conditioners excluding centralized
Air Conditioning plants (Items specified in schedule I of Rules 2011) will be
sold to Recyclers registered with Ministry of Environment of Forest Govt. of
India under e-waste (Management and Handling ) Rules 2011 effective from
1st May‟ 2012 and as amended from time to time. (HQ letter no. 117-SSale-
RB-Scrap-2001 dated 14-07-2011 and RB letter no. 2007/RS(S)/709/10 dated
06-07-2011).
(v) In case of transport of hazardous wastes to a facility for treatment, storage
& disposal existing in a State other than the State where hazardous wastes are
generated, the occupier shall obtain „No Objection Certificate‟ from the State
pollution control board or committee of the concerned State or Union
territory Administration where the facility is existing. (Vide Dy. CMM/IC
HQ/NDLS Letter No. 3-S/117-S/Waste & used oil/sale/05 dated 04.10.2005).
(vi) The purchasers shall ensure that they have valid registration for
Refiner/Recycler/Re-processor approved by Central/State Pollution Control
Board for the item before bidding in e-auction of the scrap items wherever
MOEF condition is applicable and produce the valid original Registration
and Pass Book issued by the Authority at the time of signing of Bid Sheet as
well as at the time of taking delivery. In case purchasers fail to produce the
requisite valid registration and original Pass Book, deposited amount (EMD
and Sale value) and lot shall be forfeited and purchasers shall have no claim
on the lot and the same shall be treated as Railway property.
53.0 Reclaimable items offered for sale should be defaced before giving delivery.
54.0 Unless or otherwise specifically mentioned in the lot description or terms,
any non ferrous items found in the lot will be returned to Railway.
55.0 PWI Rail will be delivered on sectional weight basis, unless specified otherwise.
56.0 Cutting is allowed „for loading purpose only‟ for the lots of crossing rails and point rails etc.
57.0 Cutting is allowed „for loading purpose only‟ for the lots of rails above 12 feet.
58.0 Unless otherwise specified in the description or terms and conditions of the
lot, screening, picking, sorting, cutting, hammering or breaking etc. of the lot
will not be allowed in the railway premises. Delivery must be taken as the
material came to hand.
59.0 Two or more lots shall not be delivered in the same wagon/vehicle.
60.0 The Railway shall not be responsible for death, injury or accident to the purchaser or any of his representative / labourer arising out of sale and delivery.
61.0 In the course of cutting, dismantling or any other process of delivery of any
lot (including the lot of condemned rolling stock) by the purchaser, if any
damage is done to the railway tracks or any railway property, the purchaser
shall be liable to compensate the Railway to the extent of loss or damage
caused to the Railway. The amount to be paid to the Railway as
compensation will be assessed by an officer of the concerned railway
department, which shall be final and binding on the purchaser and the value
thereof must be paid before taking delivery of the material in the lot or lots.
62.0 The purchaser must not dump any material whatsoever on the Railway line as
the line must be kept cleared for railway operations at all times.
63.0 In the auction condition of a lot, if it is specified that certain parts and fittings are to be handed over to the Railway, the same should be done before removal of the sold material.
64.0 Each lot of condemned rolling stocks will be sold subject to the conditions
inter-alia, that the components, fittings etc. hereinafter referred to as
“excluded items” shall not be sold and shall remain the property of the
Railway and the purchasers shall be bound before taking delivery of the lot or
lots sold, to dismantle the excluded items and make them over, with their
own labour and in their own transport, along with a list of excluded items
dismantled from each stock in the lot, to the representative of the custodian,
at a site nominated by the representative of the custodian, in good condition.
The detailed list of excluded items as described in the lot is to be carefully
checked by the purchaser in the presence of the nominated team of delivery
officials of the Railway. If any deficiency or shortage is detected, it should be
brought to the notice of the said delivery team of Railway in writing
immediately. In the event of any default of the purchaser in this respect, the
purchaser will be liable to deliver to the Railway the excluded items as
described in the lot. In case of any damage, loss or deficiency in respect of
any of the excluded items at the time of cutting, dismantling etc., the
purchaser shall deposit the value thereof as per Railway Rules before any
deliveries of his material are effected to him and shall also make over to the
authorized staff of the Railway the said damaged excluded items. The
property in the damaged excluded items will vest in the Railway.
65.0 The purchaser shall give to the representative of the Custodian a prior notice
in writing, at least 03 days ahead of his proposed making over of the
excluded components, to enable proper arrangements being made for taking
over the excluded items. Disregard of this will make the purchaser solely
responsible for delay in taking over of the excluded items by the Railway
without prejudice to other rights and remedies of the Railway.
66.0 The purchaser shall not be allowed to cut more than 50% of the condemned
rolling stock of each lot at a time. When the excluded items of the 1st batch
of 50% are cut up and made over to the Railway, the purchaser will be
allowed to cut the 2nd batch and so on. Similarly, the purchaser of more than
one lot shall not be allowed to cut more than one lot at a time, and in any
event until the excluded items of the previous lots are made over to the
Railway in full, the purchaser shall not be entitled to cut the next lot. The
purchaser shall be bound to make all his arrangements in such a way as to
complete the removal of the lots within the delivery time as specified, duly
complying with the provision of this para and other paras, and compliance
with one or some of the provisions shall under no circumstances be any excuse for non compliance with the other provisions.
67.0 In case of the lots of condemned rolling stocks, the delivery will be jointly
witnessed by the representatives of Accounts, Mechanical and RPF
Departments. Purchasers are expected to witness delivery and in the event of
their failure to do so, the Railway shall in no case be responsible for any
shortage and shall not under any circumstances make good the deficiency.
The purchasers are also to make their own arrangements for loading.
68.0 In case of the lots of condemned rolling stocks containing more than one
coach, wagon etc., the delivery of coaches, wagons etc. will be given in the
order in which they appear serially in the lot description.
69.0 List of “excluded items” shall be as specified in the lot description or in the terms and conditions of the lot.
70.0 Should the Administration desire, and the quantity in the lot is in excess than
the quantity advertised for sale, the purchaser will ordinarily remove the
entire quantity on payment at the price of the bid. When 90% of the material
for which the cost has been deposited is delivered, further deliveries will only
be made when the additional amount against the quantity in excess of the
advertised quantity is deposited by the purchaser. The purchaser shall deposit
such amount with the Railway within 7 days from the date of receipt of the
intimation from the officer concerned. In case of failure on the part of the
purchaser to deposit the money for the excess quantity of the material, the
unremoved material for which the cost is deposited will be treated as an
abandoned lot and the amount thereof forfeited to the President. After the
amount of excess quantity is deposited by the purchaser, the free delivery
period for the removal of the material will be suitably extended, if requested
by the purchaser and considered necessary.
70.1 The purchaser will have no claim on the quantity in excess of the 10% of the advertised quantity contained in the lot and it is only at the discretion of the Principal Chief Materials Manager that such quantity may be delivered to him on payment at the price of the bid.
71.0 In the case of materials delivered by rail, responsibility of the Railways
Custodian Department ceases immediately the material has been weighed and
loaded. The material will be carried entirely at the risk of the purchaser and
no claim against the Union of India will be entertained for any shortage in
weight which may be discovered after the material has left the custodian site.
The dispatching of the consignments must be undertaken by the purchasers.
Purchasers must provide their own bags, boxes, cases or other receptacles
which are required for removal of the purchased material and also make their
own arrangements if they so desire to book the covered wagons used for
transport of their purchased material.
72.0 If the purchaser desires to book the sold material to outstations by rail/
railway wagons, they must make their own arrangements of wagons with the
Traffic Department of the Railways and will themselves make all
arrangements for loading and booking of the material. The railway
administration does not guarantee the supply of the wagons. It is to be clearly
understood that the Railway will not undertake any responsibility for loading
and dispatch of the materials by rail on behalf of the purchasers.
73.0 The lots of two or more purchasers shall not be delivered in the same vehicle.
74.0 Delivery will not be affected on Sundays, Gazetted Holidays or Holidays observed by the Custodian or the Officer in Charge in whose custody the material is pending.
75.0 Delivery of the material shall be affected during the normal working hours of
the Custodian. In order to complete the delivery within the normal working
hours, all loading must be completed half an hour before the closing time.
76.0 Purchasers or their labourers or their other staff will not be allowed to remain
within railway premises beyond scheduled working hours. The purchasers,
may, however, be allowed to keep their watchmen to guard their material
lying in the open yard and to keep gang of men consisting of adults only to
cut the stock at the site location of the lot for which permission in writing
should be obtained from the departmental officer concerned furnishing him
with full particulars i.e. name, father’s name and present address etc of such
men.
77.0 As the case may be, the weighment of a sold lot of scrap shall be done on
scales/ machines, as available with the custodian, before loading OR shall be
done by weighing the vehicle both before and after loading where a
weighbridge is available. Weighments, in such cases, shall be witnessed
jointly by the nominated delivery team of the Railway. No complaints as
regards the authenticity of weighments carried out jointly by the said team
will be entertained. Purchasers, shall therefore, in their own interest, witness
the weighments and in the event of their failing to do so, they must abide by
the weighments carried out by the said team of Railway. Weighment made
elsewhere will not be considered.
78.0 Delivery of scrap in each vehicle, shall be upto the gross weight (including the tare weight of vehicle) limited by the weighing capacity of the weighbridge used for weighment.
79.0 Representatives of Principal Chief Materials Manager and the Accounts
Branch will see that code rule pertaining to auction sale is followed.
80.0 Any correspondence/application by the purchaser shall be considered only if submitted on his official letterhead.
81.0 If any of the above conditions is found in contravention of those appearing in “Uniform E-Sale Conditions for E-Auction”, then the special conditions as per the aforesaid clauses will prevail.
82.0 Time interval of closing time between two lots and number of auto extensions
& its time and other procedures on e-auctions being announced on IREPS site from time to time shall also be applicable.
83.0 Any special conditions which may be announced at the time of auction, to
cover any special cases, will form part of these conditions.
84.0 General Terms and Conditions Governing Sales by Departmental Auction as issued by the Principal Chief Materials Manager, N. Railway, Baroda House, New Delhi as amended from time to time including the Arbitration clause shall be applicable.
85.0 In the event of any dispute arising in connection with sale, the decision of Principal Chief Materials Manager / Chief Materials Manager, Northern Railway, New Delhi will be final and binding.
86.0 Arbitration clause: In the event of any questions, dispute or difference arising
under these conditions or in connection with this contract (except as to any
matters, decision of which is specially provided for by these conditions) the
same shall be referred to the sole arbitrator appointed by the General
Manager of the Railway. It will be no objection that arbitrator is a
government servant, and that in the course of his duties as a government
servant, he has expressed views on all or any of the matters on dispute or
difference. In the event of such an Arbitrator, to whom the matter is
originally referred, being transferred or vacating his office by resignation or
otherwise or becoming unable to act for any reason the General Manager as
aforesaid at the time of such transfer, vacation of office or inability to act
shall appoint another person to act as the arbitrator in accordance with the
terms of this agreement. Such person shall be entitled to proceed from the
stage at which it was left by his predecessor. The award of arbitrator shall be
final and binding on the parties of this agreement. It is further a term of this
contract that no person other than the person appointed by the General
Manager of the Railway as aforesaid shall act as the arbitrator and if for any
reasons that is not possible, the matter is not to be referred to arbitration at
all. The arbitrator may, from time to time with the consent of all parties to the
contractor enlarge the time for making the award; the venue for arbitration
shall be as decided by the arbitrator.
87.0 For GST purpose, the HSN number for Scrap Iron and Steel is 7204 and for Scrap Wood is 4401 or 4406.
88.0 Tax Invoice is generated and is sent/handed over to the purchaser along with
the Delivery Order. A reference of this Tax Invoice must be made at the time
of delivery by the custodian on all such Sale Issue Notes that have been
prepared against the said Delivery Order.
Annexure-A
SPECIAL POWER OF ATTORNEY
I, ……………........................................... (Name and Address of the bidder), being
the highest bidder in auction sale of lot No. ………………… held on …………..
(date of Auction) at IREPS website and having paid the full amount of Rs.
…................ towards the cost of material against the said lot, hereby authorize,
nominate and appoint Shri ……………………….. (Name and Address of the
person authorized) to receive all the things, goods and articles from the Principal
Chief Materials Manager, Northern Railway as purchased by me in auction sale of
the said lot No. …………… held on………… (Date of Auction) at IREPS website
and to pass receipt thereof for and on my behalf.
And I hereby agree that all acts, deeds and things done by my said attorney shall be
construed as acts, deeds and things done by me and I undertake to ratify and
confirm all whatsoever that my said attorney shall do or cause to be done for me by
virtue of the power hereby given. This Power of Attorney is subject to the
authentication and verification of the signature of bidder which will be issued by
the concerned Delivery Order Issuing Officer separately.
In witness thereof I have signed this deed on this …… day of …………..
…….……………….. Signature of the person Photograph of the Agentgiving the Power of Attorney
…….……………….. Signature of the AgentPaste the photo here.Purchaser to signacrossthe photograph
1. Witness…………….
2. Witness……………..
Annexure-B
I declare that my present address is as follows and the refund may be arranged at this address:-
Name of the purchaser …………………………………
Father‟s name …………………………………
Shop/House No. …………………………………
Street/Lane …………………………………
Road …………………………………
City/Town etc. …………………………………
PIN Code ……………………………………….
I also declare that change of address noted above involves address only viz. change of Shop/House No./Street Lane/Road and not the change of name of the purchaser. I also agree to indemnify the Railway Administration against any loss in this respect.
………………………….. Signature of the Purchaser
Annexure-C
Railway Schedule Rate per hour or part of an hour, for loading by Railway Crane, in addition to the Loading Charges
Lifting capacity of the Crane in MT Charges per hour or part of an hour (Rs.)
1 to 10 227.00
11 to 20 303.00
21 to 30 358.00
31 to 100 378.00
Above 100 659.00
Annexure-D
(On appropriate Stamp Paper)
INDEMNITY BOND
I/We, …………………………….…….. this ………. day ……… in the year of……………. residing at ………………………………………… and having itsregistered office at ……………………… having successfully bid for and
purchased the Lot no. ……………in the auction held on …………… by SrDMMFirozpur Division (hereinafter called the Executors/Purchasers or assigns) from the President of India acting through Principal Chief Materials Manager, Northern Railway, or through his authorized office of SrDMM Auction Conducting Officer, hereinafter called “the Railway” (which expression shall include his successors and assigns in office), hereby set our hands on and execute this deed of Indemnity.
WHEREAS we have agreed to purchase the material mentioned therein
(hereinafter called “the Stores”) from the President of India (hereinafter called “the
Railway”) at the time and place in the manner detailed therein.
AND whereas the President of India acting through Principal Chief Materials
Manager, Northern Railway, or through his authorized office of SrDMM Auction
Conducting Officer/Agency for sale of condemned Road Vehicle under Lot No.
…………… in the auction held on ………… by ………. SrDMM Firozpur
Division with description ………………………………………………..…… vide
Chasis No. ……………. Engine No. …………… and as per the bid sheet
document issued by the Auction Conducting Officer of Northern Railway.
Now this deed of Indemnity witnesses that the Executors/Purchasers will hold the
custody of the condemned Road Vehicle vide Registration No. …………. with
Engine No. …………. and Chasis No. …………. mentioned above, sold by the
Railway as Scrap, in as is where is condition and become responsible for all
compensations liabilities or claims whatsoever arising out of the use or any event
of loss/damage to the said condemned vehicle after its delivery to the
Executors/Purchasers or to any third party arising directly or indirectly out of any
incident/accident due to its bonafide or any other use under any law in force.
That Executor/Assigns shall be and remain absolutely responsible for the safe
custody and protection of said vehicle with registration no ………… sold as scrap
by the Railway against all risks whatsoever once this vehicle is handed over to the
Executor or his authorized representative under clear acknowledgement and it shall
be entirely at the Executors responsibility to get the registration of vehicle
deregistered/transferred to his name within stipulated time under the relevant
provisions of Motor Vehicle Act, in case he wishes to use the scrap as a motor
vehicle. The Executor hereby specifically and unequivocally undertakes to
indemnify the President of India against all/any damages or losses/liabilities
accrued if this Chasis under registration no ………… meets with accident or any
untoward incident. Northern Railway or his nominee shall at no stage or time be
liable for any loss/liability arising due to the action of the Executor or his nominee
from the date/time delivery of said vehicle is taken by the Executor.
In the even to any loss or damage as aforesaid, such losses or damages or
compensations thereof would be entirely the responsibility of the Executor/the
Purchaser of the condemned Road Vehicle under the provisions of the law/Motor
Vehicle Act of Transport Agencies of State Government or law enacted from time
to time once the vehicle is taken possession of by the Executor from the Railway
and till this vehicle remains on road in any condition or movement.
EXECUTOR
Place:
Date:
IN THE PRESENCE OF
WITNESS NO. (1)………………
……………….
WITNESS NO. (2)………………