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| Circular number | No. 2008/TC(FM)/14/2 |
|---|---|
| Date | 2011-07-01 |
| Type | Freight Marketing Circular |
| Topic | freight |
| Directorate | Traffic Commercial (Freight Marketing) |
| Currency | Historical — likely superseded |
grade works including recoupment of Terminal Management Company and Terminal Management Company will
GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) : SUGGESTION : ON DRAFT CONCESSION AGREEMENT FOR PRIVATE FREIGHT TERMINAL (PFT) : 1. Ministry of Railways had issued policy guidelines on “Private Freight : Terminal (PFT)” vide Freight Marketing Circular No. 14 of 2010 under : Railway Board’s letter No. 2008/TC(FM)/14/2 dated 31.05.2010 and its | amendment issued vide Freight Marketing Circular No. 06 of 2011 dated | 21.06.2011. : 2. In reference to the above, an agreement is required to be signed between | Indian Railway and Terminal Management Company (TMC) as per para 9.19 of the PFT policy. Accordingly, draft concession agreement has been : framed. | 3. Ministry of Railways invites suggestions from the zonal railways, trade & industry and any other individual on the draft concession agreement to be | : signed between Indian Railway and Terminal Management Company | (TMC). : 4. The suggestion, if any may please be sent personally to Adv(FM), Room No. 471, Rail Bhavan, Ministry of Railways, New Delhi or e-mail at | address advfm@rb.railnet.gov.in upto 16" August, 2011. | : INDIAN RAILWAYS : www. indianrailways.gov.in | SERVING CUSTOMERS WITH A SMILE - 1 - DRAFT AGREEMENT FOR PRIVATE FREIGHT TERMINAL (PFT) AGREEMENT made this ________________________ day of ________ 20_____ BETWEEN THE PRESIDENT OF INDIA acting through the __________ Railway Administration (hereinafter called “the Railway Administration”) of the one part and ______________________________________ (hereinafter called the Applicant)* of the OTHER PART. WHEREAS Terminal Management Company is desirous of having a private freight terminal at ___________________ from the _________________ station yard of the ________________ Railway taking off from Kilometer No.________________ between _____________ station and ______________ station of the _______________ Railway as shown in red and green on the plan bearing CE’s No. _________________________ hereto annexed for the purpose of carrying on Terminal Management Company business in Terminal Management Company premises situated at _________________________________________________________________ District ________________________. AND WHEREAS the said Freight Terminal is subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, this Agreement witnesseth as follows: 1. Interpretation: In this Agreement, unless the context otherwise requires, the following words and expressions have the meaning and shall be interpreted as specified, namely – (i) Words importing the singular number include the plural number and vice versa. (ii) “The Railway Administration” means the President of India, acting through the General Manager for the time being of ____________ Railway and any officer of the ___________ Railway authorized by any such General Manager to deal with any matters with which these presents are concerned. (iii) “The Applicant” means the person named as party hereto of the other part and includes the company registered in the India under the Companies Act- 1956. - 2 - (iv) “Works” means the premises belonging to or occupied or used by Terminal Management Company which are connected with the ____________ Railway system by the freight terminal herein before mentioned. (v) “_________________ Railway system” includes all land, railway lines, works buildings, engines, rolling stock and other movable or immovable property now or at any time hereafter forming part of or pertaining to the _____________ Railway system as now or hereafter constituted and all engines and rolling stock (whether belonging to the ___________ Railway system or not) passing over such system. (vi) (Where a subsidiary Company is the Applicant), “A.B. & Co. Ltd. a company incorporated in India under the Companies Act, 1956 and having its registered office at (insert address)” (in the case of a holding company incorporated elsewhere t
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