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Format of performance Bank Guarantee Bond for Non Fare Revenue earnings contracts

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Clarification on para No. 3.2 of Comml. Cir. No. 50 of 2018 dated 12.09.2018 the said Licensee (s) of any of the terms or conditions contained in the said Agreement.

Text of the circular

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD No. 2018/NFR/47 Dated: ¢ 1.14 .2018

General Managers All Zonal Railways

Metro Rail, Kolkata (Commercial Circular No. 63 of 2018) Sub: Clarification on para No. 3.2 of Comml. Cir. No. 50 of 2018 dated 12.09.2018.

The issue regarding modification in para no. 3.2 of CC Noe. 50 of 2018 has been under consideration in Board’s office. Competent Authority have now decided to modify said para as under:

“Zonal Railways shall receive security deposit equivalent to six months (6) license fee calculated for the final year of the contract, in advance, in the form of an irrevocable bank guarantee from a Scheduled

Commercial Bank”.

This issues with the concurrence of Finance Dte of Ministry of Railways and approval of Board.

Kindly acknowledge receipt of this letter.

— . Verma) Joint Director (NFR) Railway Board

No. 2018/NFR/47 Dated y 10.2018 Copy to: PFA, All Indian Railways — for information and necessary action.

प् पवन] liavi Joshi) For Financial Commissioner Railway Board

Copy to: PCCMs, All Zonal Railways — for information and necessary action.

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD ः No. 2018/NFR/47 Dated: 01.11.2018

General Managers All Zonal Railways

Metro Rail, Kolkata

Sub: Format of performance Bank Guarantee Bond for Non Fare Revenue earnings contracts.

In order to have uniformity amongst Zonal Railway’s, a format of Performance Bank Guarantee Bond meant for GMU catering contracts is enclosed. The same shall be used by all the Railways in case of Non Fare Revenue earnings contracts.

Kindly acknowledge receipt of this letter.

DA: As above.

(P. C. Verma) Joint Director (NFR) Railway Board

Copy to: PCCMs, All Zonal Railways — for information and necessary action.

Extract-of the Format of PBG-from-€a tering SBD-for GMUs issued in 2017

Annexure A/7

Performance Bank Guarantee Bond for Non Fare Revenue Contracts The President of India, , Through the Divisional Railway Manager (Commercial) Division,

जलन Railway.

1. In consideration of the President of India (hereinafter called “Railway”) having agreed to

accept from (hereinafter called “the said Licensee/s}, under the terms and conditions of an Agreement/Acceptance letter dated made between and (hereinafter

called “ the said License Agreement”) the Performance Guarantee for the due fulfillment by the Licensee/s of the terms and conditions in the said Agreement on production of Bank Guarantee for Rs (Rs. only) we, (indicate the name of the Bank hereinafter referred to as “the Bank”) at the request of Licensee/s do hereby undertake to pay the Railway an amount not exceeding Rs. against any loss or damage caused to or suffered by or would be caused to or sufféred by the Railway by reason of any breach by the said Licensee (s) of any of the terms or conditions contained in the said Agreement.

2. We {indicate the name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on demand from the Railway stating that the amount claimed is by way of loss or damage caused to or suffered by the Railway by reason of breach by the said Licensee/s of any of the terms or conditions contained in the said agreement or any other agreement or

. by reason of the Licensee/s failure to perform this Agreement or any other Agreement with Railway, any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.

3. We undertake to pay to the Railway any money so demanded notwithstanding any dispute or disputes raised by the Licensee(s)/supplier (s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the

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