Judgment delivered by Hon’ble Supreme Court on 29/01/2016 in Civil Appeal No

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Judgment delivered by Hon’ble Supreme Court on 29/01/2016 in Civil Appeal No -or Khomcha/Dallah/Chhabba/Wheel Barrow/ Hand Barrow/Tray/ Table/Tea Balta.

Text of the circular

GOVERNMENT OF INDIA (मारते सरकार)
MINISTRY OF RAILWAYS (रेल Hare)
(RAILWAY BOARD) (रेलवे बोर्ड)

No. 2013/TG-IIV/600/19 : New Delhi, Dated: /5"/03/2017

General Managers
All Zonal Railways

CMD/KRCL
CMD/IRCTC
(Commercial Circular No. 2--of 2017)
Sub: Judgment delivered by Hon’ble Supreme Court on 29/01/2016 in Civil Appeal No

618-620/2016 [SLP(C) No. 9921-23/2014] — Senior Divisional Commercial Manager
& Ors. Vs. SCR Caterers, Dry Fruits, Fruit Juice Stalls Welfare Assn. & Anr.

In pursuant to the Judgment of Hon’ble Supreme Court of India on the subject, it has:

‘been decided as under

दे (i) Notwithstanding any provision in Catering Policy 2010 and earlier catering policies, only

those minor catering static unit licensees would be eligible for renewal of their licenses who- :

declare on affidavit that they do not have the license of more than one refreshment room at B and
below category stations or one catering stall or one trolley or one Khomcha/Dallah/
Chhabba/Wheel Barrow/Hand Barrow/Tray/Table/Tea Balta at any Railway Station over Indian
-Railways in their name or benami license. The licensees already holding such renewed
refreshment room or stall or trolley or Khomcha/Dallah/Chhabba/Wheel Barrow/ Hand
Barrow/Tray/Table/Tea Balta shall not be. eligible to participate in the tender process at any

category of stations during the period of holding the renewed refreshment room or stall or trolley ©

-or Khomcha/Dallah/Chhabba/Wheel Barrow/ Hand Barrow/Tray/ Table/Tea Balta. In case the

licerisee of the renewed contract wishes to participate in the tender process for allotment of fresh ~

‘ license during the period of renewal, he/she shall forgo the renewal on allotment of fresh
contract. .

(ii) For the purpose of renewal, one Refreshment Room at B and below-category stations or
one catering stall. or one trolley or one’ Khomcha/Dallah/Chhabba/Wheel Barrow/ Hand

Barrow/Tray/Table/Tea Balta shall be treated as one shop or one kiosk or one unit. Ifa licensee _-

holds more than one unit under a single or multiple licenses he/she shall forgo all other units
except the unit he/she wishes to be renewed

(iii) Any false declaration by the licensee on Affidavit, as stated above, shall be treated as
‘Material Breach’. Any such misrepresentation by the licensee would result in termination of the
license and debarment of the licensee in future allotment of catering units

This issues with the concurrence of Finance and Legal Dte. of Railway Board. oN

—_—

(Shelly Srivastava)

Director/(Tourism & Catering)
Railway. Board

Sy Delhi, Dated: ¢< /03/2017

No. 2013/TG-III/600/19

‘Copy to:- (i) CCM/Zonal Railways oo
(ii) FA&CAO/Zonal Railways
, =| For FinaficiaNG issioner/Railways

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