ࡱ> [ >ubjbj 4ΐΐm+UUUUUiii8<Ti9:11GGG"< H9999999);=@9U5""559UUGG9s s s 5TUGUG9s 59s s 78G@$i$>8~9909V8 > >08 >U8PDs ~PPP99PPP95555 >PPPPPPPPP :  * To be executed on Rs 100/- non-judicial stamp paper TRIPARTITE AGREEMENT The agreement made on this --------- day of ----------- 2016 between the President of India as represented through the Chief Commercial Manager, East Coast Railway, Bhubaneswar hereinafter referred to as The Railway which expression shall be deemed to include its successors and the assigns of the First Part. AND The---------------------------- having its registered office at----------------------- (herein after referred to as Customer which expression shall be deemed to include its successors and assigns unless the context shall require a different construction) of the Second Part. AND The _________________________ (Name of the Customers Bank branch) (hereinafter referred-to as The Bank which expression shall be deemed to include its successors and assigns) of the Third Part. The _________________________ (Name of the Bank), having its Central Office at _______________________________________ providing its portal for transfer of funds under e-payment to East Coast Railways Pooling Account No. ______________________________ with (Name of Railways Banker) (hereinafter referred to as Railways Bank). WHEREAS The Railway transports goods (Commodity----------------) from one Railway station to another Railway station. --------------- (Name of the customer) utilizes the services offered by Railway for transportation of its consignment from one Railway station to another Railway station. For the purpose of availing said services of transportation, the --------------- (Name of the customer) is required to pay freight to the Railway at the originating station. It is agreed that said payment of freight shall be made by the --------------- (Name of the customer) to the Railway by utilizing the services/infrastructures of Bank by means of electronic mode through internet so that immediate payment can be received by the Railway. The Railway utilizes the services of Bank for receipt of the freight on the terms and conditions as appearing in this agreement. Period of Agreement: This Agreement shall be valid from the date of its signing for a period of Three (03) Years and would be extendable further by mutual consent subject to the terms and conditions governing the policy on e-payment transactions announced by Government of India, Ministry of Railways/Reserve Bank of India. In above context and for mutual considerations, it is agreed to by and amongst the Railways, Customer and the Bank as follows. 1. This agreement will cover freight charges as well as Wagon Registration Fee (WRF) payable by the --------------- (Name of the customer) from the date of this agreement or a mutually agreed date. 2. The freight payment will be realized by the Railway from the --------------- (Name of the customer)s bank by utilizing its Freight Operation Information System (FOIS), which has connectivity with the Banks server/system through the Centre for Railway Information System (CRIS) and the portal of ------ Bank having its Central Office at --------------. 3. --------------- (Name of the customer) will nominate one nodal branch of any nationalized bank for transfer of funds in respect of all the transactions taking place at----------------------------- on East Coast Railway. 4. (i) Regular Payment Mechanism (a) Flow of funds to East Coast Railways account will be arranged from the dedicated account opened by M/s.------------ at------------------ ( Bank)---------------------Branch. The --------------- (Name of the customer) shall arrange to recoup, on every Bank working day, the amount of freight paid by the --------------- (Name of the customer)s Banker, out of the dedicated account for the immediate previous day/following days in case of Bank Holidays. A day is defined as zero hour to twenty-four hours as it is in vogue on Indian Railways. The amount so pooled (on account of the receipts towards e-freight payment) in the pooling account [A/c No. ______________ with (Name of Railways Banker)] is remitted into East Coast Railways account (Code No.325 as allotted and maintained by RBI / CAS, Nagpur) on the same day, if it is received within the business hours or the next day, if it is received after the business hour of bank. However, the basic standard norm with reference to remittance in to Government Account has to be adhered in terms of guidelines issued by RBI to this effect from time to time and ____________ (Name of Railways Banker) will function in accordance with Focal Point Branch scheme of reporting Govt. transaction. (ii) Default Payment Mechanism - The --------------- (Name of the customer) shall open a Letter of Credit (LC) in favour of the Financial Advisor & Chief Accounts Officer / ECoR through a Nationalized Bank located at ----------- for an amount ------------- [Equivalent to 2 (Two) days of average freight paid by the customers to the Railway during the highest freight transaction month in the last financial year]. 5. The --------------- (Name of the customer) undertakes to clear without fail all arrears of payment due to Railways arising in terms of this agreement, as communicated by the Railways. 6. The transactions of freight charges made through this system will be Paid and To Pay. 7. Railways will be entitled to claim and recover from the Bank issuing LC funds equal to the amount of the LC at any time towards freight charges recoverable for which payment is pending/not received from Bank through the system. This amount will be recoverable on a written intimation to this effect from Senior Divisional Commercial Manager /--------. This communication from Senior Divisional Commercial Manager shall tantamount to filing of claim by the Railways under the LC. The Bank will have to make payment within three days from the date of intimation/communication. 8. Requirement of Letter of Credit: LC mentioned in the section is designed to be a security to enable Railways to issue paid E-RRs even in cases in which no positive electronic confirmation is received by Railway about the freight charges having been transferred from the --------------- (Name of the customer)s Bank account to Railways Bank account Customers intending to opt for e- payment facility will be required to open an irrevocable Letter of Credit (LC) in favour of the Railway at a branch of a Bank mutually agreed upon by the customer and Zonal Railway for an amount equivalent to 2 (Two) days of average freight paid by the customer to the Railway during the Busy Season in the last financial year, or a higher amount if so agreed mutually between the customer and the Railway. The LC should be valid for 12 months from the date of commissioning of the e-payment facility with a provision permitting its encashment up to 30 days after the validity period of LC, if required. Customers will need to provide a fresh LC or arrange to extend the validity of the existing LC before the expiry of the 12 month period. 9. Procedure in Railways field offices: A separate category Railway Receipts (RR) called E-RR, which may be paid or To pay, will be used under the e-payment Scheme. E-RR will be distinct from the existing types of RR, namely, Paid, To-pay and Paid To pay. Para 1451 (d) of Commercial Manual Volume II has been modified accordingly. Similarly, Para 3.1 of master policy circular No.-2003/CRIS/FOIS/Progress dated 10.02.2004 issued on computerization of Railway Receipts (RRs) under the Terminal Management System of FOIS shall stand modified and 8th digit of RR number with the figure 4 will denote Paid E-RR issued against LC coverage, figure 5 will denote To pay E-RR and figure 6 will denote paid E-RR issued against normal freight transaction through partys account. Under this scheme, the goods clerk will give a command to the system to prompt the bank for collection of freight charges through e-payment system. The bank on receipt of such an advice through TMS will collect funds from customers account and electronically credit the same to Railways account during business hours or at the start of the next business day if such a transaction takes place after close of business hours. Normally a request from FOIS to the Bank for electronic payment will be responded within 150 seconds. In cases where this time limit is exceeded, procedure outlined in the section dealing with procedures in case of Exigencies will be invoked. The command requesting collection of freight against a particular transaction will include its complete details viz. invoice number, date of loading (i.e. date of generation of invoice number by the system), station from, station to, commodity, names of consignor and consignee, freight charges due, name and code of the bank, LC number with validity period and systems date and time of triggering this task to the interface device between TMS and the bank. After successful collection of the requisite amount, the bank will communicate its confirmation in an encrypted form including all the booking details viz., invoice number, date of loading (i.e. date of generation of invoice number of TMS), station from, station to, commodity, names of consignor and consignee, freight charges credited and to be credited to the designated account of the FA & CAO of the originating loading station, name and code of the bank and systems date and time of effecting this transaction to the CRIS Interface, which in turn will communicate these details to the loading point through TMS. At the loading point (TMS device location), the system will display a message confirming successful completion of transaction to the terminal operator. Transaction ID given by the bank, FOIS transaction time, Customer Code, LC number, validity period of LC, Customer Bank Branch and Branch Code, Railways Bank Account Number, Banks name and Branch Code shall be printed on RR generated through E-Payment. If a positive confirmation of collection of freight charges from Bank is received in response to a transaction for collection of freight charges, TMS will permit issue of a Paid E-RR. However, if bank sends a message of insufficient funds, system will issue To-Pay E-RR. If no message is received from the bank within 150 seconds for any reason whatever, then system will issue a Paid E-RR subject to conditions laid down in Para 11 Procedure in case of exigencies. The bank shall generate a daily list of transactions incorporating all details given in 9.5 above which shall be sent to focal point branch of the Banker of the originating Railway and Remittance into bank section of HQ books section shall reconcile the transactions based on daily listing received through FPB and treasury remittance note (the copy of Payment Advice for E- RR) received Cash Office. At the close of each day at 24.00 hrs, based on transaction messages received from TMS and the Bank, the Interface will generate a transaction wise reconciliation report for the information of FA & CAO /TA and CCM/FS of both originating and terminating Railways. FA & CAO/TA & CCM/FS of the respective Zonal Railways will also get a daily statement from TMS in respect of station-wise successful transactions made on each day up to 24 hours on the previous day for reconciliation with the Banks statement. Copy of these statements will also be given to the --------------- (Name of the customer) for reconciliation at their end. However, reconciliation procedure for remittance into bank transaction in the Book Section shall be as per FPB Scheme as per Para 9.10 above. Electronic payment system will be a 24X7 facility under which transactions will be made round the clock and on all the days of the year. Freight received till the close of the Business Hours (from ------- to ---------) of the Bank Branch under this arrangement shall be accounted for on the same working day for the purpose of financial settlement between the Bank and Railways. However, payments received electronically after the close of business hours of the bank branch would be credited to the designated account of FA & CAO of the originating Railway in the next working days receipts. After entering into the agreement for E-payment of freight, Railway will be entitled to claim and recover from the bank issuing LC funds equal to the amount of the LC at any time towards freight charges recoverable. The modalities regarding filling such claims have been incorporated at para 7 of this agreement. The Bank will function in accordance with the Focal Point Branch (FPB) scheme for reporting, reconciliation and settlement of such transactions. In case of opening of pooling account, guidelines issued vide Boards letter No.2007/AC-II/45/12 dated 16.01.08 & 21.01.08 (and amendments issued from time to time) may be followed. Zonal Railways will furnish the Data as prescribed in Annexure I (C) to CRIS/FOIS along with the copy of tripartite agreement to commission E-payment. A copy of payment advice will be generated from the system which shall be dispatched by the station to cash office along with cash remittance note and will be treated as challan. 10. Procedure in Accounts: 10.1 Cash office shall treat the payment advice, issued in terms of Para 9.17 as TR note for the purpose of accounting and reporting. In Traffic Accounts Office, the present practice of checking the credits taken by stations in their balance sheet for bank remittance with reference to cash check sheet prepared by cash offices shall continue. Likewise, the practice of reconciliation of remittances into bank being done with the daily scrolls and date wise monthly statements received from Focal Point Branch and that of latter with the clearance memo received from RBI, CAS Nagpur shall continue. There shall be a bank system generated daily statement stating details of the total freight accrued, total freight credited on that day and amount to be credited on the next working day. These daily statements should be available on TMS for information of station/s concerned and reconciliation by the Traffic Accounts office. The amount of freight so collected by the Bank shall be settled with RBI, CAS Nagpur in line with the applicable procedure/guidelines as may be prescribed by RBI from time to time. 11. Procedure in case of exigencies: Paid E-RR can be issued in case there is a failure of communication between the FOIS, CRIS and Bank server either before any transaction details can be sent to the bank or after a transaction message is sent for payment and consequently no confirmation for transfer of fund or otherwise is received at the TMS location. The Rupee amount of the LC would be the upper limit for which paid E-RR can be issued by the System without receiving any positive confirmation from the bank regarding collection of funds from the --------------- (Name of the customer). TMS will maintain a Payment pending list to indicate the freight amount and other relevant details about the paid E-RRs issued without a positive confirmation from the bank about transfer of funds. All transactions included in the Payment Pending List indicate the freight amounts due to Railway on account of E-RRs issued without positive confirmation from the bank. TMS will ensure that the cumulative online Rupee amount indicated in the Payment Pending List must never be allowed to exceed the amount of LC A facility would be provided to send a system generated alert message whenever possible to the concerned authorities [i.e Originating station, Sr. Divisional Commercial Manger, FA&CAO (TA) , CCM/FS of ECoR and Bank] both by Bank and FOIS systems. The goods clerk/System will send request for E- Payment to Bank every hour till fund collection advice (Successful transaction message) is received from the Bank. The corresponding transaction, thereafter, will be taken off the Payment Pending List duly adjusting the corresponding on-line balance Rupee amount of LC. In case there is a failure at the system end either for Bank or for FOIS servers, likely rectification time, whenever practical, should be indicated either through email or telephone to the concerned authorities [i.e Originating station, Sr. Divisional Commercial Manger, FA&CAO (TA), CCM/FS of ECoR and Bank]. In case a consignment is booked under e-payment scheme, diversion or dump depot booking of such consignments shall not be made till the relevant software is ready. Till that time, such transactions will have to be accounted for manually. If the TMS device of the loading point fails to function at any stage, the Sr. DCM of the division, over which the loading station lies, will ensure that the requisite data are fed in the system through the proxy reporting from the adjoining location or divisional control office and that the RR is generated in TMS system and freight collected through e-banking well in time. However, RR will be printed at the goods originating point only on restoration of normal operation. Such transactions will be accounted for in originating stations balance sheet. In cases a failure is anticipated to last for more than five days, CCM of the concerned Railway will be apprised and he will decide whether to declare this failure as a Prolonged Failure. If a failure is declared as a prolonged failure by the CCM, E-Payment facility will be discontinued and payment shall be arranged by the --------------- (Name of the customer) in cash / demand draft drawn in favour of FA&CAO, East Coast Railway, Bhubaneswar. In all such cases, E-payment system will be reintroduced through a notification by the concerned CCM based on a written certification by the Bank and CRIS/FOIS. In case limit of rupee amount of LC has been fully exhausted, then E-Payment facility will be automatically discontinued and payment shall be arranged by the Customer in cash / Demand Draft drawn in favour of FA&CAO, East Coast Railway, Bhubaneswar. In all such cases, E-payment system will recommence after availability of necessary rupee amount for processing subsequent RRs. 12. Withdrawal/Termination In case of frequent system failures leading to lack of communication between the TMS and the Bank, the electronic payment facility will be withdrawn in respect of such party by the Railway and manual system of payment shall be introduced. Railways will give a notice of 14 days from the date of issue to the party and the bank before terminating the Tripartite Agreement. Termination of Tripartite Agreement can also be done either by the --------------- (Name of the customer) or the bank after giving a similar notice of 14 days. 13. Miscellaneous: i) Any other master policy circular issued for implementation of Terminal Management System (TMS) shall be read in conjunction with thiscircular. Any disputes regarding levy of To Pay surcharge etc will be resolved by General Manager of the Railway. iii) The Bank shall develop a suitable payment gateway connectivity arrangement with CRIS at its own cost and enter into a mutually agreed Technical Framework Agreement, to be formulated later on. iv) The --------------- (Name of the customer)s Bank shall arrange at its own cost necessary software and hardware infrastructure to receive details of on-line Railway receipt from the Railways Banker. This system will be a 24 X 7 facility under which transactions will be made round the clock and on all the days of the year. v) a) If any dispute or difference of any kind whatsoever arises among parties hereto in connection with or arising out of this agreement, parties hereto shall promptly and in good faith negotiate with a view to its amicable resolution and settlement. b) In the event no amicable resolution and settlement is reached within a period of 90 days from the date of which the dispute / difference arose, a demand shall be made for arbitration. The dispute / difference of either party shall be referred to the sole arbitrator appointed by General Manager, East Coast Railway, who shall be Railway Gazetted Officer within 60 days from the date of receipt of request/demand. It is further a term of this contract that no person other than the person appointed by the authority as aforesaid should act as Arbitrator. c) The Gazetted Railway Officer to be appointed as Arbitrator however, will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of his duties as Railway servant has expressed views on all or any of the matter under dispute or difference. The award of the Arbitration shall be final & binding on the parties to this contract. d) The venue of the arbitration shall be the place from which the acceptance letter is issued / the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine. e) It is a term of this agreement that in the event of the Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, General Manager of this Railway shall appoint another person to act as Arbitrator in accordance with the terms of this agreement. Such person shall be entitled to proceed with the reference from the stage at which the predecessor left it. f) The cost of the arbitration will be equally borne by the respective parties unless otherwise determined by the Arbitrator. The cost of the Arbitrator shall inter-alias include fee of the Arbitrator, as per the rates fixed by the Railway Administration from time to time. g) The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay performance by parties of their respective obligations pursuant to the agreement. h) Parties agree that the Arbitrator(s) shall determine and make an award as to the cost of the arbitration proceedings. i) For all matters not specified under this agreement, the provision of the Indian Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under shall apply. j) If the above arbitration process is unable to resolve the issue, the dispute will be referred to the high-powered committee functioning in Cabinet Secretariat before going to any court/tribunal for relief/Redressal. vi) The --------------- (Name of the customer) shall be bound by the debits made by the Bank for the transactions carried out as per this agreement. If there is any dispute, concerning the amount debited to the Bank account of the --------------- (Name of the customer), the matter shall be resolved in terms of Clause 13(v) of the Agreement. As far as possible, Railways and the --------------- (Name of the customer) will resolve all disputes mutually. However, in case of failure in arriving at a solution and if both the parties come to the conclusion that the dispute cannot be solved without involvement of ___________ (Name of Bank), then _______________ (Name of Bank) shall facilitate resolution of such dispute but shall not incur any liability in respect of claims between Railways and the --------------- (Name of the customer), except where it is established through the transactions etc that the Bank is liable in respect of any claim(s) in dispute on account of any errors, mistakes or malfunctioning of system/software/processor made available by the Bank or their agents. In the event the Bank refuses to accept their liability in such matters, then in that case the said disputes/claims shall be resolved through arbitration, in terms of clause 13(v) of the agreement. vii) Any addition, alteration, renewal and extension of Agreement may be made with the mutual consent of all the parties. viii) If not provided otherwise in the Agreement, all notices to be given by the Railway Administration and all other action to be taken on its behalf may be given or taken by Dy. CCM/FS/E.Co. Railway or any other officer for the time being entrusted with the functions, duties and powers of Dy. CCM/FS/E.Co. Railway. ix) In case of breach of any of the conditions mentioned herein this Agreement shall be liable to be terminated by mutual discussion and agreement. x) All disputes are subject to the jurisdiction of the High Court, Cuttack and/or its subordinate Courts only. xi) The Agreement shall be governed by the laws of the land for the time being in force in the Republic of India. xii) Any systematic improvement through modification to the provisions of this Agreement can be done with mutual consent by all the parties to the Agreement after a period of three months from the date of this Agreement, and changes, if necessary shall be incorporated in the Agreement suitably. The execution of above agreement will be in accordance with existing Tariff/Manual provisions and policy/procedures issued or to be issued from time to time by the Railways. IN WITNESS WHERE OF: The parties hereby have set their hands on the ___________ day of _______________ 2016 at Bhubaneswar. Witness: Signature: i) For & on behalf of the President of India Represented by Dy. Chief Commercial Manager (FS) E.Co Railway,Bhubaneswar ii) i) Signature: For & on behalf of the [---------------] ii) (Name of the customer) i) Signature For & on behalf of the Bank ii) DATA REQUIRED FROM THE RAILWAY FOR FOIS/NDLS ANNEXURE-I (C) S.NDATA REQUIRED FROM THE RAILWAYS1Station from (Name and IRCA approved alpha code)2Station to (Name and IRCA approved alpha code)3Source Zone Code4Customer code in FOIS Application system5Customer number (internal to FOIS Application and Bank Application)6Customer is Consigner or consignee7Railways Bank Name8Railways Bank Code9Railways Bank Branch Name10Railways Bank Branch Code11Railways Account Number12Railways Account Head with Numerical Code (maintained in the name of FA&CAO of the zonal Railway by the Bank)13Customers Account Number14Customers Bank Name15Customers Bank Code16Customers Bank Branch Name17Customers Bank Branch Code18Customers LC Account Number19LC Account effective from (date)20LC Account effective to (date)21LC Amount (in figure) up to which E-RR permitted in case of failure22LC Amount (in words) up to which E-RR permitted in case of failure23Grace period after LC expires (For how many days pending request will be sent to bank after expiry of LC effective to after that manual reconciliation shall be done.)24E-Payment effective date from (Same as LC effective from)25E-Payment effective date to26Railways Pool In Account Number27** Pool in Account Bank name-------------28** Pool in Account Bank code-------------29** Pool in Account Bank Branch Name -------------30 ** Pool in Account Bank Branch Code -------------      PAGE \* MERGEFORMAT 9 ;<S  s t x R w Ѿ~s~b~~~W~h=OJQJ]^J h7h7CJOJQJ^JaJhQOJQJ]^Jh7OJQJ]^Jh7h7OJQJ]^Jh[8XOJQJ^Jh7h7OJQJ^Jh7h7>*CJOJQJ^J%h7h7B* CJOJQJ^Jphph?Bh7>*CJOJQJ^Jh?Bh?B>*CJOJQJ^Jh?Bh7CJOJQJ^J;<RS q r s t 7  & F 8^gd7gd7$a$gd7 $`a$gd7 $dha$gd7`gd7dhgd7$dh`a$gd7 cj3\k{;8:?$BŸϧϙxxmcϙϙxUh7h75OJQJ^Jh OJQJ^Jh OJQJ]^Jh7h7OJQJ\]^J!h7h75OJQJ\]^Jh7h7OJQJ]^J!h7h7B* 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