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KRCL Tender Document

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S.No………….

MULTI BRANDED FOOD COURT


“LICENSEE OPERATION”

E-TENDER FOR SETTING UP, OPERATION, MANAGEMENT AND TRANSFER


BACK OF MULTI BRANDED FOOD COURT AT MADGAON RAILWAY STATION

Tender No.CO/NIT/FP-FFU/2017/03
TENDER DOCUMENT

Last Date and Time for Submission of Tender : Date: 13.09.2017 Time: 12.00 hrs
Date and Time for Opening of Tender : Date: 13.09.2017 Time: 12:15 hrs

MULTI BRANDED FOOD COURT AUG-2017 1


NOTICE INVITING TENDER

Subject: E-TENDER FOR SETTING UP, OPERATION, MANAGEMENT AND


TRANSFER BACK OF MULTI BRANDED FOOD COURT AT MADGAON
RAILWAY STATION

Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) invite bids through E
Tender for setting up, operation, management and transfer back of Multi Branded Food Court at
Madgaon Railway station.

The bids will consist of two packets – Packet-A and Packet-B. Packet-A will consist of Technical
and other conditions as laid down in the Bid document. Packet-B shall consist of the Financial Bid
as per conditions laid down in the Bid document.

Bidders are required to deposit an amount of Rs. 3,00,000/- (Rs. Three Lakh Only) as EMD
through RTGS/NEFT prior to submission of E-Tender. The E-receipts for the same shall be
uploaded along with tender document. Bids uploaded without E-receipt of EMD shall not be
entertained. The details of RTGS/NEFT are as under:

Beneficiary Name Indian Railway Catering and Tourism Corporation Limited

Beneficiary Account Number 000705002169


11th Floor, B-148, Statesman House, Barakhamba Road, New Delhi-
Beneficiary Address
110001
Beneficiary Bank and Branch ICICI Bank, 9A Phelps Building, Connaught Place, New Delhi

Account Type Current

IFSC Code ICIC0000007

The successful bidder shall be intimated about the Award of Licence within 150 days of opening
of bid.

The Notice inviting bid along with instructions to bidders, Scope of Work, eligibility criteria, system
of award of licence, agreement, rough sketch of the sites, etc. form part of the bid document
containing 98 pages in all.

For Indian Railway Catering and


Tourism Corporation Limited

(Raj Kumar Chand)


DY.GM/ LCS

MULTI BRANDED FOOD COURT AUG-2017 2


INSTRUCTIONS TO THE TENDERERS

1. This Tender Document can only be viewed and downloaded from http://www.irctc.com, and
http://www.tenderwizard.com/IRCTC and will be submitted/ received online at
http://www.tenderwizard.com/IRCTC only, as prescribed in point no 3 of "INSTRUCTIONS
TO THE TENDERERS".

2. EMD shall be paid through RTGS/NEFT mode and the receipt of the same should be scanned
and uploaded in the e-tendering website www.tenderwizard.com/IRCTC. In case of non
submission of the said EMD or scanned copy of e-receipt, the same will be summarily
rejected.

3. To participate in the E-Tender, it is mandatory for the bidders to register themselves with M/s
ITI by submitting an one time annual registration charges of Rs 1500/- (excluding applicable
taxes) and obtain User ID & password which is required for submitting the tender. Bidders
will also have to pay the Tender Processing Fee at the rate of 0.05% of the MLF, Subject to
minimum charges of Rs 500/- & maximum charges of Rs 5000/- (excluding applicable taxes)
per tender to M/s ITI through e-payment at the time of request for Tender.

4. The description given for the locations are only indicative and the actual locations to be
viewed in the sketch / site plans enclosed with this document.

5. Complete tender document, including all Annexures, with supporting documents, Packet- A
(Technical Bid) shall be uploaded along with Packet-B (Financial bid), duly signed and
stamped by authorized signatory.

6. The applicant should upload complete set of documents in support of Eligibility Criteria on
mentioned in this Document (Annexure – B).

7. All documents enclosed, in support of Technical Criteria mentioned in Packet – “A”, should
be self attested. Failure to attach attested copies may lead to disqualification of the bidder.

8. Corrigendum/Addendum to this Tender, if any, will be published on website www.irctc.com,


www.tenderwizard.com/IRCTC. No newspaper press advertisement shall be issued for the
same.

9. For any difficulty in downloading & submission of tender document on website


www.tenderwizard.com/IRCTC, please contact at tenderwizard.com helpdesk no. 011-
49424365 or cell no. 8800115628

MULTI BRANDED FOOD COURT AUG-2017 3


1.0 DEFINITIONS

IRCTC Shall mean ‘Indian Railway Catering and Tourism Corporation Ltd.’, a
Government Company incorporated under Companies Act 1956.

Licensee Shall mean any Company / Partnership Firm/Proprietorship/ Individual


which has been incorporated/registered/authorized to undertake Food
and Beverages business under the law and has been awarded the License
by IRCTC and includes his heirs, executors, administrators of the
successors and assigns.

License fee As Defined in article 4.1 (Financial Terms & Conditions) of draft
Agreement
Security Deposit As Defined in article 4.4 (Financial Terms & Conditions) of draft
Agreement

Party Shall mean either the IRCTC or the Bidder.

Day Shall mean a calendar day.

Interpretation Words importing persons or parties shall include firms and


organizations.

Jurisdiction The Multi Branded Food Court situated at Delhi only will govern the
award of License.

MULTI BRANDED FOOD COURT AUG-2017 4


Annexure – ‘A’
Letter Head
(Format for on- line submission of Bid)

Group General Manager/LCS


Indian Railway Catering and Tourism Corporation Ltd.
11th Floor, Statesman House,
148, Barakhamba Road
New Delhi-110 001.

Subject: On-line submission of Bids for Setting up, Operation, Management and Transfer
back of Multi Branded Food Court at Madgoan Railway Station.

Dear Sir,

a. I / We _________________have read the general guidelines and bid document


attached hereto containing the Terms and Conditions, draft agreement and agree to
abide by such conditions. I / We offer the Bid for License for management of catering
services in Food Court at Madgaon Railway station in the attached schedules and hereby
bind myself / ourselves to complete all the formalities from time to time as required
after the award of License. I fully understand and abide by the tender conditions. If
found successful I will sign it as an agreement without seeking any change.
b. I / We hereby undertake to submit hard copy of the Bid document duly signed, in case
I/We are declared successful bidder along with letter of acceptance of terms and
conditions.
c. I/We understand that the submission of offers / bids does not guarantee allotment of
License for management of catering services.
d. I / We further understand that in case of any information submitted by me / us being
found to be incorrect, IRCTC will have the right to summarily reject the bid, cancel the
License or revoke the same at any time with forfeiture of EMD/Security Deposit and
license fee including debarment for a period of 3 years at any time without assigning any
reason whatsoever. IRCTC may also initiate criminal action as contemplated under the
provision of IPC for submission of wrong/fraudulent documents.
e. In case of acceptance of Bid by the IRCTC, I / We undertake myself / ourselves to
execute the License agreement without seeking any change within the time frame
stipulated by IRCTC and to commence the work as per the terms and conditions of the
License failing which, I / We shall have no objection to the forfeiture of full Earnest
Money Deposit (EMD)/ Security Deposit, deposited by us with IRCTC, New Delhi in
addition to other penalties specified under the terms of License.
f. IRCTC and its representatives are hereby authorized to conduct any inquiries or
investigations or seek clarifications or verify any statements, documents and information
submitted in connection with this bid.
g. On account of non-acceptance of award of license or on account of not fulfilling tender
conditions within the prescribed time, I/We understand that IRCTC shall forfeit the
EMD/SD besides debarring me / us from participation in the future projects of IRCTC
for a period of one year.
MULTI BRANDED FOOD COURT AUG-2017 5
h. I/ We are Company/ Partnership Firm/ Proprietorship firm (please tick as applicable.)
i. I/ We are not debarred/ Blacklisted by IRCTC, IR OR by any Govt. Institutions.
j. I / We do hereby confirm that I / We have the necessary authority and approval to
submit this bid for License for management of catering services.
k. A notice or letter of communication addressed to me / us at the given address given in
the Bid, even by ordinary post/e-mail will be deemed to be valid and proper notice of
intimation to me/us.
l. I_____________________ s/o _____________________r/o ________________
furnishing this undertaking in my capacity as an individual / partner of firm
__________________________ / Director of Body Corporate _______________ and
state as under: -

m. That I/we hold as on date following catering Licenses on Indian Railways:

Unit Details

n. I/ We hereby certify that our firm does not have the units exceeding maximum of 2
Food Plazas/Fast Food Units/Food Courts/QSFKs per Division and a maximum 25
units over Indian Railways as stipulated in Catering Policy 2017.

VERIFICATION:
Verified at ______ on this _____day of _________year, that the contents of the above
undertaking are true and correct to my personal knowledge, no part is false and nothing material has
been concealed there from.

Date :
Place:
On behalf of
Authorized signatory
Name. Designation and seal
Address:
e-mail
Tele & Fax
Date:
Place:

MULTI BRANDED FOOD COURT AUG-2017 6


GENERAL CONDITIONS OF LICENSE
SECTION -ONE
PACKET – “A”

“Tender Conditions & Technical Bid”

E-TENDER FOR SETTING UP, OPERATION, MANAGEMENT TRANSFER BACK


OF IRCTC MULTI BRANDED FOOD COURT AT MADGAON RAILWAY STATION.

1. The E-tender is not transferable.

2. The intending tenderers are advised to study the E-tender conditions of this License and
make themselves conversant with their contents as these shall govern this License and shall
form an integral part thereof.

3. Tenderers are also suggested that they should visit the proposed site(s) so as to see the actual
ground conditions, before submitting their bid(s).

1.0 GENERAL INFORMATION

1.1 Format for submission of Bid is enclosed as Annexure-A.


1.2 Format for Eligibility Criteria is enclosed as Annexure – B.
1.3 Location of the proposed unit, approximate size of the unit, Minimum license fee,
Security Deposit) is enclosed as Annexure – C.
1.4 Site / Sketch plan of all specific stations /locations intended for award of licence is
enclosed as Annexure – D.
1.5 Format for integrity pact, if applicable, is enclosed as Annexure – E.
1.6 Format for Packet – ‘B’ (Financial Bid) is enclosed as Annexure – F.
1.7 Draft Agreement is enclosed as Annexure – G.

2.0 SCOPE OF WORK

IRCTC will provide space, on as is where is basis. The Licensee will have to construct the building
or renovate the space, as the case may be, in consonance with the existing building bylaws of the
State. The covered area will normally not exceed a specified limited fixed by IRCTC. The Licensee
will be responsible for operation (himself and/or by engaging service providers), maintenance,
marketing and management of the Multi Brand Food Court. A standard Multi Branded Food Court
will have the following characteristics:

2.1 General : The licensee may operate one or more unit in MBFC Complex.

The Multi Branded Food Court shall have following common


facilities:
 Common area for sitting and/or standing dining.
 Common wash room facility which would be separate for ladies
& gents.
MULTI BRANDED FOOD COURT AUG-2017 7
 Drinking water / Water Cooler facility in common area.
 The Complex should necessarily be Air conditioned.

2.2 Food segments Following food segments/ outlets should necessarily be provided by
and desirable the licensee The preferred brands for each segments have been
brands mentioned below:

a) Italian Cuisine including Pizza, Pasta etc. : –


Dominoz, Pizzahut etc.

b) Chinese Cuisine including noodles, fried rice etc.


Yo China, Berco’s, Taste of China, Rice bowl etc.

c) American Cuisine including Burger, Hot Dog etc.


McDonalds, Burger King, KFC etc.

d) South Indian Cuisine:-


Sagar ratna, Saravana Bhavan, Adayar Ananda Bhavan, ,
Vaango, Dosa Plaza etc

e) Ice-cream/shakes / Juices: -
Cream bell, Baskin Robbin, Giyanis,
Coco Berry, Amul, Vadilal, Kwality Walls, Gelato etc.

f) Coffee & Bakery items: -


Café Coffee Day, Barista, Starbucks etc.

g) Local Konkani Cuisine (Veg./Non.veg.)


May be operated by the licensee itself OR by some
reputed local Restaurant.

h) North Indian Cuisine (Thali, Chaat etc.)


Haldiram, Bikanerwala etc.

i) Non vegetarian cuisine like Biryani, Kebabs etc.


Paradise Biryani, Kebab Express etc.

2.3 Menu & Rate Menu & Rate list as mutually agreed between service provider of
list branded outlets and the licensee. It will require approval by IRCTC.
It will not be revised more than 03 times in an year for each outlet.
Rates should not be higher than main open market rates. All
promotional scheme of the brands will be applicable in the Food
Court.
2.4 Common Area : The licensee shall be responsible for overall upkeep of the MBFP
Complex including common area.
2.5 Service provider : Service provider is the entity who shall be setting up Branded Food
Outlet in MBFC Complex.
MULTI BRANDED FOOD COURT AUG-2017 8
Copy of agreement between licensee and service provider has to be
submitted to IRCTC
2.6 Adequate : IRCTC will provide space on ‘as is where is basis’ and free from all
Infrastructure encumbrances to the Licensee on agreed annual licence fee along
with applicable taxes, the site plan and other details enclosed with
this tender document. The licensee will have to create requisite
infrastructure and equipment at their own cost under supervision of
IRCTC. Such infrastructure for production and distribution of
services should be suitable for ensuring satisfactory services and
handling of food under hygienic conditions.
Licensee will arrange all machinery & plants as well as equipment so
required for the preparation of food and beverages, complete fit-outs
and fixtures in the sitting /standing area and its maintenance and
upkeep etc.

IRCTC will not provide any infrastructural support to the Licensee.


However, if licensee so requests and, in case suitable additional space
in Railway premises is found feasible and if available, the same can
be given to the Licensee as per the prevailing instructions and rates
determined by IRCTC.
2.7 Construction of : Licensee will construct/renovate Multi Branded Food Court as per
Multi Branded building bye laws of the State and Konkan Railway Corporation Ltd.
Food Court (KRCL). Licensee should provide drainage facility in the Multi
Branded Food Court plan. IRCTC/KRCL will approve the plans and
specifications. Mezzanine floor wherever feasible may be constructed
by the Licensee with the approval of IRCTC and Konkan Railways &
subject to state bye-laws.

2.8 Dealing with : IRCTC will enter into an agreement only with the Licensee who will
Licensee Only be responsible for fulfillment of all licence conditions with IRCTC.
IRCTC shall not enter into any agreement or deal with in any
manner with any of the service provider(s). The Licensee will have to
make his own arrangements with the service provider and would be
responsible for their performance and conformity to the procedures,
rules etc.

2.9 Promotional : Promotional activities such as free gifts, joyride etc., within the Multi
activities Branded Food Court premises, can be undertaken by licensee, under
advise to IRCTC who reserves the right to approve / disapprove any
such use.
2.10 Branded/PAD : All packaged items to be sold at price not more than printed MRP.
items For other items licensee is permitted to sell items at market driven
rates. Locally popular/branded products may be liberally provided at
market driven prices with prior approval of IRCTC.

Licensee shall submit the list of items along with their weight/
portion size and rates to be sold at Multi Branded Food Court and

MULTI BRANDED FOOD COURT AUG-2017 9


decision of IRCTC in this regard shall be final and binding. The
revision of rates may normally be considered once a year and IRCTC
will approve / revise the rate list within 15 days from the date of
submission of the same.
2.11 Ban on sale of : The following items shall not be sold in the Multi Branded Food
Items Court, namely – tobacco products, wine, beer or any other alcoholic
drinks or any other item prohibited by Law. Beef and Pork shall not
be used in any form in any food items.
2.12 Supply to : In case of requirement MBFC should supply food items in sufficient
IRCTC/ quantities to IRCTC/ Konkan Railway at mutually agreed rates.
Railway units
2.13 Supply of food, : Platform vending is permitted through the Multi Branded Food
through Court, subject to feasibility and Konkan Railway’s permission.
platform Licensee will seek approval from IRCTC in this regard.
vending
2.14 Supply of Rail : Sale of Rail Neer will be mandatory in all branded outlets. In absence
Neer (PDW) of availability of Rail neer Brands approved by Konkan Railway may
be supplied.
2.15 ISO : Licensee will be required to get the unit ISO certified as per
Certification & 22000:2005/ HACCP or as amended from time to time, within one
FSSAI license year of operation of the unit and FSSAI License within sixty days of
the operation of the unit.
2.16 Display of Rate Licensee will display approved rate list behind the billing counters
List and other place so to display the rate list conspicuously.

2.17 Centralized For convenience of passengers Principle licensee may arrange for
Billing System Prepaid rechargeable Card system redeemable at all outlets so as to
enable cashless transactions at each of the outlet of the unit.
However, billing may be done at Individual outlets. All billing should
be necessarily computerized . Electronic mode of payment like Debit
Card/Credit Card/ e-wallets should be readily acceptable.
2.18 Display of IRCTC logo & brand name will be prominently displayed in
Brand adequate size at least four (04) locations by the licensee.

3.0 PERIOD OF LICENSE

3.1 Total tenure of : Term of License for Multi Branded Food Court will be (9) Nine
License years from the date of commissioning of the unit. There will be no
further extension/ renewal after expiry of license.

MULTI BRANDED FOOD COURT AUG-2017 10


4.0 SUBMISSION OF BIDS

4.1 Papers to be : Packet A (Technical Bid) and Packet B (Financial Bid) shall be
submitted uploaded online.

a. Papers to be uploaded in Packet ‘A’


- Technical bid – Annexure ‘A’ along with supporting
document.
- Bid document signed and stamped on each page OR
digitally signed
b. Papers to be uploaded in Packet ‘B’
Financial bid in the prescribed format (Annexure – ‘F’).

4.2 IRCTC reserves the : IRCTC reserves the right to terminate the bidding process at any
right to terminate stage and will not be responsible for any loss or damages that the
the bidding process bidder may incur in the process. The Bids can be rejected without
assigning any reason. The bidding process is completed with the
issue of letter of award of license to the successful bidder by
IRCTC.
4.3 Bids not to be : Conditional / Telegraphic Bids /Physical Bids shall not be
entertained entertained. Photocopy/reproduction on party’s letterhead is not
permissible. Financial bid, including all the pages of the bid
document, duly stamped and signed by the bidder(s) should be
uploaded.

Bids submission process will be end as per prescribed schedule.


After due date and time submission of tender will not be possible.
4.4 Over : Once the tender is submitted only bid documents can be replaced
writing/cutting not or modified. Other relevant documents cannot be removed but
allowed addition of documents is possible within stipulated time.
4.5 Signing and : All the pages of the Bid document must be signed, stamped/
stamping of bid digitally signed by the authorized signatory of the applicant. In case
document of Proprietorship/Partnership firms authorized signatory may be
Proprietor/Partner of the firm and in case of company, Copy of the
Board’s resolution along with attested signature of the signing
authority, failing which the Bid may be treated as invalid.
4.6 Withdrawal of bid : The bidders may anytime withdraw their bids till the last date and
time of submission; however the bidder shall not able to re-submit
the bid thereafter. In case of withdrawal of bid the tender
processing charges shall not be refunded.
4.7 Date of Submission : In case the date of opening of the Bids is a holiday or declared as
holiday, the Bids will be opened on the next working day at the
same time.
4.8 Corrupt or : IRCTC reserves the right to verify the authenticity of the
Fraudulent Practices documents submitted as technical bid –Packet-A, by the applicant.

MULTI BRANDED FOOD COURT AUG-2017 11


IRCTC shall inspect the physical assets of the successful bidder /
applicant as declared in the technical bid (Packet-A). If such an
applicant is awarded the licence and on a later date if it is noticed
that the Licensee has engaged in corrupt or fraudulent practices, in
competing for or in executing the License, the Licensor may, after
giving 14 days notice to the Licensee, terminate the License. For the
purpose of this Sub-Clause:

“Corrupt practices” means the offering, giving, receiving or


soliciting of anything of value to influence the action of a public
official in the procurement process or in License execution;
“Fraudulent practice” means a misrepresentation of facts or
submission of forged documents in order to influence a
procurement process or the execution of a License to the detriment
of the Licensor, and includes collusive practice among bidders
(prior to or after bid submission) designed to establish bid prices at
artificial non competitive levels and to deprive the administration of
the benefits of free and open competition.

5.0 SYSTEM OF AWARD OF LICENSE


5.1 Opening of Packet : a) Following scrutiny of Packet – ‘A’ by IRCTC, Packet – ‘B’ of
‘B’ only those parties will be opened who are found eligible as per
laid down criterion.
b) An individual /firm/ company/ logo will be allowed to hold
,maximum two units per Division, subject to a further limit of
25 units over Indian Railways.
5.2 Award of License : Bidders are required to quote Annual licence fee excluding
applicable GST payable by the bidder to IRCTC during the tenure
of the licence, in the prescribed format. Licensee shall pay the GST
payable on licence fee to IRCTC in addition to quoted annual
licence fee.
License to manage catering services will normally be awarded to the
Party quoting highest amount of License Fee (per annum) subject to
fulfillment of the terms and conditions of the License. However,
under no circumstances the quality of services be compromised. In
case there is a tie between two or more bidders, the bidder holding
the least number of units under a given category will be considered
eligible for the award of License. Decision of the competent
authority to accept or reject any bid shall final and binding.
At the time of allotment of licence, the Security deposit shall be
payable by the successful bidder along with acceptance of award of
licence. Detail of security deposit is enumerated at Annexure-C.
Alternatively, the EMD can also be offset against the Security
Deposit upon the willingness of the successful bidder.
5.3 EMD : In case the Licensee fails to accept the offer of award of licence, his
Earnest Money Deposit (EMD) shall be forfeited by IRCTC. The
Licensee shall be debarred from participating in the future projects
MULTI BRANDED FOOD COURT AUG-2017 12
of IRCTC for a period of one year.
EMD will be refunded to the unsuccessful bidders without interest.
5.4 Award of License to : In case an existing licensee is the successful bidder, the handing over
the Existing of the site to that licensee shall be subject to the clearance of
Licensee outstanding dues payable to IRCTC.

5.5 Execution of : The successful Bidder shall be required to execute an agreement on


agreement non-judicial stamp paper of Rs.100/- at his cost. Till then the terms
and conditions as per this tender document and letter of award of
License and conditions as mentioned in the draft agreement shall
form the binding agreement between IRCTC and the Licensee.

5.6 Validity of bids : The financial bids submitted by the bidders will remain valid for
One hundred and fifty (150) days from the date of submission of
the bid.

MULTI BRANDED FOOD COURT AUG-2017 13


Annexure– ‘B’

Eligibility Criteria for Multi Branded Food Court


Railway station(s)

S.N. Technical Criteria Document Required


General Information
1) Name and full address of the bidder with Telephone, e-
mail & Fax Number(s) and Contact Person.
2) Name of the Railway Station (Only one station)

3) Details of Earnest Money Deposit (EMD) – Rs. 3.00


lakh, through RTGS/NEFT, in favour of IRCTC Ltd.

Mandatory Criteria

4) Status of the bidder: -


Company / Partnership Firm/Proprietorship firm/
Individual – Please Specify
5) In case of Company – Please enclose Memorandum
and Articles of Association along with certificates of
incorporation, and date of commencement of business
etc.
6) In case of Firm, registered under the Partnership Act.,
1932 – Please enclose details of partners along with
certificate of registration, details of their business and
partnership deed etc. duly attested by Notary
7) Should have minimum experience at least 03 years for
operating at least one Food Court in Mall, Airport,  Copy of agreement
Cinema Multiplex, Hospitals with Indian & with brand
Multinational Branded players owners/outlet players
Details of brands are indicated at clause 2.2 of scope of for that Food Court.
work.  FSSAI licenses of the
outlets in the same
Food Court.
 CA certificate
regarding sale of last
three years of that
Multi Branded Food
Court
8) Average annual Turn Over in last three completed Enclose Balance sheet
Financial Years should not be less than Rs.50.00 Cr. and profit & loss
from Catering /Hospitality business in India involving account of the last three
production and sale/service of Cooked food items. completed financial
Sales of Beverages such as Soft drinks, Packed items years duly audited by the
(Chips, Biscuits, Cake etc.) will be considered as allied Chartered Accountant.
business along with main production and sale/service
MULTI BRANDED FOOD COURT AUG-2017 14
of food items. Trader/Stockiest/Distributors are not 2013-14
eligible. Rs.________

2014-15
Rs.________

2015-16
Rs.________

9) Firm should have Permanent Account Number (PAN) Copy of PAN Card
10) Firm should be registered under GST Act. Copy of GST
registration certificates
11) Firm should be registered in ESI Copy of ESI registration
certificate

12) Firm should be registered in EPF Copy of EPF


registration certificate

13) Signed/ Digitally signed Declaration Annexure A OR


Signed/ Digitally signed copy of the complete tender
document including all Annexures. (Please tick)

Note: -
1) The bids received shall be evaluated on the basis of eligibility criteria. Bids not fulfilling the
eligibility criteria shall summarily be rejected.
2) Non submission of any of the documents, listed above, shall lead to summarily rejection of the
offer.

I/We ________________________________________________________________ do hereby


declare that the entries made in the above “Packet – A” are true to the best of my/our knowledge
and also that we shall be found by the acts of my/our duly constituted attorney.

I / We hereby understand that the submission of offers / bids does not guarantee allotment of
License for management of Multi Branded Food Court. I / We further understand that in case of
any information submitted by me / us being found to be incorrect either before or even after the
award of license, IRCTC will have the right to summarily reject the bid, cancel the License or revoke
the same with forfeiture of EMD/Security Deposit and licence fee including debarment for a period
of 3 years at any time without assigning any reason whatsoever.

Dated: ______________________________
(Signature of the Applicant)
SEAL Name ________________________
Address: ______________________

MULTI BRANDED FOOD COURT AUG-2017 15


Annexure-C

Details of Multi Branded Food Court Sites, Location, Minimum License Fee and Security
Deposit:

Min. Licence Security


IRCTC Size/space
Div. Station Catg. Location fee (Rs.) per Deposit
Zone (Sq. mtr.) approx.
annum (Rs.)
West Zone KAWR MADGAON* A PF-1 592 50,00,000/- 20,83,400/-

Note: - Description of locations is only indicative. Details of actual location can be viewed in the Site
/Sketch plans for all locations/ stations enclosed at Annexure-D.
*
*Integrity pact is enclosed at Annexure-E should also be submitted duly filled and signed for these units.
CONTACT DETAIL OF NODAL OFFICER FOR COORDINATION REGARDING SITE ISSUES

a) West Zone Office – 2nd Floor, New Administrative Building, Central Railway, CST
Mumbai – 400 001.
Nodal Officer – Shri U.G. Naidu +91 9004082866

MULTI BRANDED FOOD COURT AUG-2017 16


Annexure-‘D’
Site / Sketch Plans of Multi Branded Food Court at Stations

MULTI BRANDED FOOOD COURT/MADGAON

MULTI BRANDED FOOD COURT AUG-2017 17


Annexure – ‘F’
PACKET – ‘B’

(FINANCIAL BID- To be filled online only)

Group General Manager/LCS


Indian Railway Catering and Tourism Corporation Ltd.
12th Floor, Statesman House,
B-148, Barakhamba Road
New Delhi-110 001.

Sub: - Management of catering services at IRCTC Multi Branded Food Court at Railway
stations.

1) I/We accept the terms and conditions mentioned in the Bid Document that have been clearly
understood by us.
2) I/We have duly signed on each page of the Bid Document/Digital signature.
3) I/We further certify that we are ready to provide catering services within the time frame given
by the IRCTC Ltd. and as per the terms and conditions of the Bid Document and in the
agreement to be executed between the parties.
4) I/We understand that IRCTC reserve the right to reject, accept or consider any offer without
assigning any reason whatsoever.
5) Minimum amount of License Fee Details are at Annexure-C for each
Payable per annum : station / location

My/Our financial bid is as under: -

TO BE FILLED BY THE BIDDER


Sl. Name of the Guaranteed annual License Fee (in Rs.)- excluding GST
No Station Words
Figures
1

Note: In case of discrepancy in the amount quoted in figure and words, the amount written in
words will be taken into consideration.
1) The Financial offer will remain open for acceptance for 150 (One Hundred and Fifty) days
from the date of submission of tender.
2)Any offer less than the amount referred at item 5 above shall be rejected.
Note: - Any overwriting, correction or insertion will not be accepted.

Signature of the authorized signatory


Name & Designation:
Date and Place Name of the Firm/Company

MULTI BRANDED FOOD COURT AUG-2017 18


GENERAL CONDITIONS OF LICENSE
SECTION -TWO
1.0 PERIOD OF LICENSE

1.1 Total tenure of License : Term of License for Multi Branded Food Court will be (9)
Nine years from the date of commissioning of the unit. There
will be no further extension/ renewal after expiry of
license.

2.0 FINANCIAL TERMS AND CONDITIONS

2.1 Payment of Licence : 50 % of annual licence fee of Rs.___________ and applicable


Fee taxes, shall be payable before the handing over of the site.
Remaining 50% of the annual licence fee with GST shall be
payable before the commissioning of the unit. The annual
licence fee including GST, for the second year shall be payable
in advance before the commencement of second business
year. Similar payment cycle will be followed for each of the
subsequent year of service. However, date of payment of
licence fee can be relaxed with the approval of
Director/IRCTC in view of site related conditions etc. on
receipt of report from Zonal Offices.
2.2 Assessment of Sales : IRCTC reserves the right to assess the sales turnover during
turnover the period of Licence. During such assessment, the Licence
fee will be calculated @ 12% of the assessed sales turnover or
the annual guaranteed Licence fee quoted by the successful
bidder, whichever is higher. The assessment of sale may be
done electronically or by deputing IRCTC officials
periodically.
2.3 Refund of Licence fee : In case of pre-mature termination of Licence due to any
reason, other than the default/act/omission of Licensee,
Licence fee will be refundable on pro-rata basis.
2.4 Security Deposit : Licensee has to pay security deposit of Rs. 20,83,400/- along
with award of licence.
2.5 Refund of Security : The Security Deposit will be refunded without interest by the
Deposit IRCTC at the time of peaceful vacation of the Railway
premises by the Licensee after providing for settlement of all
dues or arrears arising out of the use of Railway premises by
the Licensee.
2.6 Maintenance of record : Licensee will be required to maintain proper record of daily
of gross sales turn sales to ascertain the Gross Sales Turnover (Including Tax)
over and make it available for inspection by IRCTC. The Licensee
shall maintain full records pertaining to the Multi Branded
Food Court (accounts, vouchers, bills etc.)
2.7 Interest on late : The delayed payments of Licence fee, without prejudice to any
payment other rights of the IRCTC will attract interest @ 18% per
annum calculated for the number of days of default.
MULTI BRANDED FOOD COURT AUG-2017 19
2.8 Recovery of : IRCTC reserves the right to recover any outstanding dues
outstanding amount from the Licensee by adjusting the same against any
amount/security of the Licensee or any amount payable to the
Licensee either under this contract or any other contract.
2.9 Mode of payment : Licence fee, Security Deposit and any other dues shall be
payable through Demand Draft/Banker’s Cheque or Cheque
drawn at the City of respective Zonal Offices in favour of
IRCTC Ltd.
2.10 Annual returns : Licensee shall submit the annual returns of statutory taxes to
IRCTC. Annual audited accounts for the unit should also be
submitted every year on or before 30th September of the
following financial year.

3.0 OBLIGATIONS AND RIGHTS OF LICENSEE

3.1 Construction of Multi : Licensee will construct the Multi Branded Food Court as per
Branded Food Court the approved plan within the area specified in bid documents
in accordance with applicable building bye laws. The plans will
be forwarded by IRCTC for approval by the respective
Railways. (part of Specifications and SOW)There should
generally be other facilities also like washrooms etc. The
Licensee would also be required to ensure the proper upkeep
and maintenance of premises. Licensee should provide
covered drainage facility in the Multi Branded Food Court and
maintain it regularly.
3.2 Waste disposal : The Licensee would have to arrange for adequate solid waste
disposal system for the Multi Branded Food Court. Licensee
will arrange collection of garbage after each service and its
proper disposal.
3.3 Engagement of : Licensee may engage service provider(s) a portion of the Multi
Service Provider Branded Food Court to any other food retailer as specified in
Scope of Work earlier for the purpose of expanding the food
variety for the customers. The selection of the service
provider would be as per the eligibility criteria laid out for
them. The selection / change of any service provider would
be permitted only after the approval of the IRCTC. IRCTC
will grant such approval in case the service provider fulfills the
following criterion laid down: -

 An individual or proprietorship/ reputed firm/company


in Catering / Hospitality business for handling Food &
Beverages.

 Minimum experience of Three (3) years is mandatory in


the field of managing food and beverages operations either
in India or abroad.

 The Company/Organization should have an annual


MULTI BRANDED FOOD COURT AUG-2017 20
turnover of a Minimum annual turnover from catering and
F&B business for the last completed financial year.

Category of Station Sales turnover per annum


A Rs.50.00 Crore

 The existing outlets of service provider should be available


for the inspection by IRCTC or its representatives.
 The service provider should have all statutory documents
such as PAN No., GST registration certificate etc.
3.4 Payment of other : Payment of water, electricity and other charges: Licensee
charges would pay the required charges for connection and utilization
of electricity, water consumption, conservancy and other
applicable municipal and other taxes, if applicable, on actuals.
Licensee will assess the water consumption and electricity load
requirements for the Multi Branded Food Court and apply for
getting the same to concerned Railway authorities through
IRCTC. In case, the Railway express their inability to provide
the requisite electrical load /water quantity from their
installations, then Licensee shall be responsible for arranging
the electricity / water connection from state / local authorities
subject to clearance from Railway authorities.
In case of default, in payment of any dues, IRCTC reserves
the right to recover the pending amount by deducting it from
the Security Deposit/any other amount payable to the
Licensee. It will also charge an interest of 18% per annum for
the number of days in default until the balance pending
payments is cleared.
3.5 Maintenance of Multi : The Licensee would arrange for the Fit-outs or interiors of the
Branded Food Court Multi Branded Food Court as well as its regular maintenance.
The Licensee would arrange for the air-conditioning and
appropriate ventilation systems for the Multi Branded Food
Court. The appropriate power backup may be arranged by
the Licensee for the entire Multi Branded Food Court.
Painting and colour washing may be done at least once in a
year.
3.6 IRCTC Branding : Unit will be IRCTC-branded unit. The distribution of display
space on the Outer façade and other areas of the unit, will be
broadly as per in Annexure-2 or as amended by IRCTC from
time to time.
Display of brand by Licensee or its Service Providers shall not
be done without the prior approval of IRCTC.
3.7 Certificates/ : Licensee will obtain necessary certificates/permissions as
permissions required by law such as food License, test reports for various
food items etc. or as required as per the local regulations from
the competent authorities. In case of any offense on the
MULTI BRANDED FOOD COURT AUG-2017 21
Licensed premises Licensee will be solely responsible for its
penalty and consequences.
3.8 Medical examination : Licensee shall have his staff examined on payment of
of staff prescribed fee by Railway medical officer or any other
competent authority designated by IRCTC and gets the
requisite certificate issued.
3.9 Display of rate list : The Licensee shall exhibit tariff and list of items to be sold,
prominently for the information of the customers at the Multi
Branded Food Court as have been agreed upon from time to
time by the IRCTC.
There should not be any cutting/overwriting on the rate
list/menu cards including pasting of stickers.
3.10 Right of user’s only : The Licensee will operate the Multi Branded Food Court
during the term of License on which he would have no legal
claim other than that of a user. Premises shall be deemed to
be public premises as defined in the Public premises (Eviction
of Unauthorized Occupants) Act 1971 and any amendments
thereto.
3.11 Relation of Licensee’s : The employees, contractors, service providers etc. of the
labour Licensee will not be in any contractual relation either with the
IRCTC or the Indian Railways. If any case or proceedings are
instituted against IRCTC on account of non-compliance of
any statutory law or non-payment of any of the taxes, the
licensee agrees to pay to IRCTC, the cost imposed, if any, and
also the cost of litigation.
3.12 General liability of any : The Licensee will bear the cost, throughout the term of the
person License, for a comprehensive general liability insurance
covering injury to or death of any person(s) occurring in the
said premises, including death or injury caused by the
negligence of the Licensee or the Licensee’s failure to perform
its obligation under the agreement.
3.13 Inspection by : Licensee will also be obligated to get his premises inspected by
Food/Health Food/Health inspectors at regular intervals in addition to
Inspectors having a food License from concerned authorities. Licensee
will make available the premises for the inspection by the
IRCTC or any person so authorized by the IRCTC at any
time.

3.14 Compliance of Food : Licensee shall be responsible for the compliance of the
Safety and Standard provisions of Food Safety and Standard Act, 2006 or any
Act other amendments thereto.
3.15 Compliance of : Licensee will be responsible for compliance with applicable
statutory law laws such as GST Act., Sales Tax Law, Service Tax Law,
Provident Fund Law, Labour Law or any other law of the land
and registration/approval from statutory authority, if required.
If any case or proceedings are instituted against IRCTC on
account of non-compliance of any statutory law or non-
MULTI BRANDED FOOD COURT AUG-2017 22
payment of any of the taxes, the licensee agrees to pay to
IRCTC, the cost imposed, if any, and also the cost of
litigation.
3.16 Use of standard : All food ingredients being used for preparation/service to the
products passengers shall conform to provisions of Food Safety and
Standard Act and all these items should have IRCTC’s
approval.

3.17 No unlawful/ illegal : Licensee shall not carry on any unlawful immoral or illegal
activity activity at the station.

3.18 Provision of : The Licensee shall keep a suggestion/complaint book at a


suggestion book conspicuous place where the passengers can register their
suggestions/complaints without any difficulty. This suggestion
book shall be serially numbered and pre-authenticated by the
IRCTC.

3.19 No use of plastic : Normally Eco-friendly/bio-degradable packaging material


material should be used for supply of food items. If unavoidable, then
only food grade recyclable plastic may be used.
The Licensee will do garbage collection and disposal in a
satisfactory manner.
3.20 Provision of fire : The Licensee shall provide 2 Nos. of 4 kg capacity halon type
extinguishers fire extinguishers. Upkeep and maintenance of the fire
extinguishers shall be the responsibility of the licensee.
3.21 Fire Fighting training : All the staff deputed in the Multi Branded Food Court may be
trained in firefighting and a competent certificate issued by the
Competent Authority should be available in the Multi
Branded Food Court.
3.22 Standard of services : The Licensee is expected to provide good quality of food and
beverage in hygienic and presentable conditions. Maximum
retail price, manufacturing date, expiry date, batch no. etc.
should be printed on the packages.

3.23 Service wares etc. : Crockery, cutlery, napery and other service wares used in the
Multi Branded Food Court are required to be of good quality
as per industry norms. IRCTC may specify quality, colour
scheme and printing on the above material which will be
binding on the licensee. IRCTC reserves the right to prescribe
packaging conditions from time to time.
3.24 Staff : The staff to be deployed at station must be well groomed and
wear neat and clean uniforms with name badges. For
Supervisors, Service, Production and Support staff the design
and colour scheme should be different for easy identification.
The Licensee shall inform the pattern and style of uniforms to
be adopted for staff. IRCTC may specify design, pattern and
MULTI BRANDED FOOD COURT AUG-2017 23
colour scheme for uniform of the staff at the unit. The
licensee will abide by such instructions.

Staff must be courteous and polite to every passenger at all


times. Staff must be trained in catering services and the
service should be of a high order. Prior approval of IRCTC
has to be obtained for the number of staff to be deployed in
the Multi Branded Food Court. Number of staff permitted in
each outlet will be in proportion to the activity of each sub-
unit.

3.25 Issue of proper bills : Licensee will install computerized billing system and issue
proper bills to the passengers for sale of all items as per agreed
rates.

3.26 Installation of AVMs : Licensee shall be allowed to install automatic vending


machines (AVM) of reputed company for hot and cold
beverages (within the unit allotted). The Licensee shall pay
usual electricity/water charges.

3.27 Reg. provision of gas : The gas burners/cooking ranges should be ISI approved and
burners/cylinders etc. covered by a suitable maintenance contract by the Licensee.
The safe working of equipment and adherence to the
regulations should be certified by an authorized oil agencies.

3.28 Provision of catering : The Licensee will be required to provide catering services on
services in emergent demand to Railway personnel and passengers in case of
situations emergencies, accidents, and restoration. Payments will be made
subsequently on presentation of bills.

3.29 Cleaning of utensils : The Licensee shall ensure that utensils, crockery etc. are
washed and cleaned with clean water and standard quality
detergent/soaps. Recycling dirty water for cleaning shall not be
allowed.

3.30 Damage to KRCL : The Licensee shall be responsible for all damages caused to the
premises KRCL premises arising out of facts of omission and
commission of their staff.

3.31 Licensee to provide : The Licensee shall undertake to render any other service as
other services may be required of him by the IRCTC on mutually acceptable
terms.
3.32 Cancellation/ : In case the cancellation/withdrawal/non-operation of the
withdrawal/ non- catering services at station is for a period of 30 days or more,
operation of catering the agreement will be in abeyance. The tenure of the
service agreement will be extended by corresponding period at the
restoration of catering services.
3.33 Handing over of : Upon the expiration of this agreement or its earlier termination
MULTI BRANDED FOOD COURT AUG-2017 24
premises in accordance with the terms, conditions, obligations hereof
the Licensee shall remove themselves from the said Railway
premises together with all his belongings and effects and shall
deliver vacant possession of the premises to the
IRCTC/Railways with the IRCTC/Railways’ fixtures and
effects therein in good condition.

3.34 Use of containers only : Staff of the Licensee shall not carry any food item in their
pockets/card boxes/mineral water cartons etc. and only food
grade container should be used for this purposes.

3.35 Use of gloves : Waiters should service with disposable food grade gloves.

3.36 High Standard of : Staff at various levels should be extensively trained in customer
service care and in providing good quality service.

3.37 Enquiry into the : “The Licensee shall not in any capacity employ any person of
antecedents of the bad character or any person, whose antecedents have not been
employees investigated / certified by the Police Authorities / MP /
MLA/ MLC/Councilor /1st Class Magistrate and shall issue an
appointment certificate (signed by the Licensee) – which shall
contain a photograph of the employed with his or her
left/right hand thumb impression affixed thereon in Printer’s
ink which he will carry with him/her while on duty. The
expenses for such verification are to be borne by the
Licensee.”

4.0 OBLIGATION AND RIGHTS OF THE IRCTC

4.1 Issue of medical : IRCTC will assist licensee for issuance of medical certificates to
Certificate the staff of the Licensee.
4.2 Inspection by IRCTC : IRCTC will inspect/check the services for reviewing its
standards, quality and variety of food items, standards for
maintenance of cooking areas and washing areas, disposal
systems etc. of the Licensee at any time and may authorize any
person or agency for this purpose to access the performance of
Licensee. In case of unsatisfactory performance or complaint of
any nature, IRCTC will be competent to initiate suitable action
against the Licensee including termination of the License as per
the terms and conditions of the agreement.
4.3 Right to resume the : The IRCTC/Railway administration reserves the right to resume
possession of the possession of the leased premises, if required for the purpose of
premises working of the Railway.

MULTI BRANDED FOOD COURT AUG-2017 25


4.4 Provision of space on : IRCTC will provide spaces as earmarked by Railways on “As is
as is where is basis where is basis” to the licensee on lease and license basis. The
locations earmarked may be open spaces or spaces with old
building structure. Such locations will be handed over in the
same condition and no further alterations/demolitions of the
old structure building will be carried out by IRCTC/Railways.”

4.5 Electricity and Water : IRCTC will assist in getting the electricity connection/access,
Connection power sanction, water connection/access, etc. from the Railways
or other authorities.
4.6 Payment of property : The Licensor shall at all times bear property Tax with respect to
tax the Multi Branded Food Court as may be demanded by any
competent/local authority.
4.7 Quality Monitoring : IRCTC will monitor the quality of the food items by conducting
System regular inspections, taking independent users feedback.
Fines/Penalties will be imposed suitably if the quality of the
food is not maintained by the Licensee.
IRCTC will issue guidelines/circulars on the quality monitoring
system and Licensee should follow them to maintain high quality
of food.
4.8 Third Party food audit : IRCTC will conduct Food Audit on its own or by professional
agency to conduct inspection and food audit of the premises.
The recommendations of the agency as accepted and advised by
IRCTC or its representatives must be complied with by the
Licensee.
4.9 In-House Audit : Regular in-house food audit, by Licensee, will be undertaken by
trained staff once in six months and items will be recorded and
advised for compliance.

5.0 CONDITIONS GOVERNING THE PREFORMANCE OF THE LICENSE

5.1 Submission and : (a) Licensee shall submit preliminary plans, specifications
approval of plans and tentative time schedule for commissioning of Multi
Branded Food Court to IRCTC, through an
experienced architect within 30 days from the date of
remittance of security deposit or as advised by IRCTC.

(b)The IRCTC logo/brand name shall also be included in


the signage plan for prominent display IRCTC duly
abiding by the directives regarding space distribution
between IRCTC and Licensee as envisaged in
Annexure-2 or as amended by IRCTC.

(c)Mezzanine floor wherever feasible may be constructed


by the licensee with the approval of IRCTC and
Railways and subject to state bye-laws.

(d)IRCTC would analyze the preliminary plans,


MULTI BRANDED FOOD COURT AUG-2017 26
completion schedule and specification and advise
changes, if any to the licensee within 10 days of its
submission by the Licensee.

(e)On advice of changes by IRCTC, if any, to be made in


the preliminary plans, the Licensee would submit the
detailed plans, through the architect incorporating the
necessary comments, changes, and modifications, as
suggested by IRCTC within 15 days of the approval.

(f)The detailed plans shall include civil layout plans of all


floors, elevations, sections and interior plans showing
layout of furniture’s, kitchen area, sitting area, washing
area etc. The 3-D views of external facade shall also be
submitted, which should be in harmony with the style
and architecture of the main building.

GGM will approve the plans ensuring the appropriate


branding of IRCTC in the Multi Branded Food Court.

(g)IRCTC would forward the same to respective


departments of Railways and in consultation with
concerned zonal Railway would obtain the final
approval of Railways. Alterations / modifications made
by the Railways shall be binding on the Licensee and
decision of the Railway / IRCTC shall be final.

(h)Giving possession of site shall be subject to payment


of annual license fee for the first year in advance and in
case of existing licensee, this shall also be subject to
clearance of outstanding and payable against
IRCTC/Railways.
5.2 Free time for : The Licensee would be allowed 120 days to commission the
construction Multi Branded Food Court for closed sites within the
station building and 180 days for open to sky sites after
getting the final approvals or possession of the premises,
from IRCTC/Railways, whichever is later. Payment of
License fee (Pro-rata) will start after 120/ 180 days, as the
case may be, of approvals of plans and handing over the
premises to the Licensee or the date of commissioning of
Multi Branded Food Court whichever is earlier. In case
licensee takes additional time than the above specified free
time, he will submit written explanation giving detailed
reasons for taking additional time. IRCTC will consider
licensee’s representation and take suitable decision to levy
pro-rata licence fee or otherwise for additional time.
In addition to levy of pro-rata licence fee, IRCTC may
impose penalty @ 0.5% of annual license fee subject to
MULTI BRANDED FOOD COURT AUG-2017 27
maximum of Rs. 25,000/- for A category stations per week
for delay in commencement with the approval of Director.
In case of non-handing over of site, due to administrative
reasons, within period of one year from the submission of
final plans to IRCTC, licensee may give written request to
withdraw from licence. IRCTC may accept licensee’s
request for withdrawal along with refund of security
deposit.

IRCTC’s decision shall be final and binding.


5.3 Failure to commission : In the event of failure to commission the Multi Branded
the Multi Branded Food Food Court, the Licensee will have to provide a written
Court explanation within a week to the IRCTC. In case IRCTC
considers the explanation to be unsatisfactory, it reserves
the right to annul the License and forfeit the security
deposit. The decision of IRCTC’s will be final and binding
in this regard.
5.4 Alteration/renovation of : The Licensee will be allowed to carry out any alteration or
the Multi Branded Food renovation in the Multi Branded Food Court. For all these
Court actions the Licensee will have to take prior approval of the
IRCTC or the designated authorities.
5.5 Failure to deposit : Licensee is required to deposit annual License Fee as
License fee enumerated herein above, , failing which IRCTC may take
necessary action to recover the dues including termination
of licence, IRCTC will charge interest at the rate 18% per
annum calculated for the number of days of default.
5.6 Liability of IRCTC : The IRCTC will not be liable for any liability arising under
the labour laws or any other law of the land, incurred by the
Licensee.
5.7 Entitlement of : In case the Licensee suffers any loss on account of his
compensation being restrained by the IRCTC or any competent authority
for indulging in illegal activities or any contravention of any
law, he shall not be entitled to any compensation
whatsoever.
5.8 Indemnification by : The Licensee will indemnify the IRCTC/Railway
Licensee administration for any loss or damage caused by Licensee
because of his fault or default.
5.9 Verbal or written : Excerpt as here by otherwise provided any verbal or written
arrangements other than arrangements abandoning varying or supplementing this
the agreement agreement or any of the terms hereof shall be deemed
conditional and shall not be binding on the IRCTC unless
until the same is endorsed on the agreement or
incorporated in a formal instrument and signed by the
party(s).
5.10 Presence of Licensee/ : The Licensee or a duly authorized and competent Manager
authorized Manager appointed and paid by the Licensee shall remain present in
person to manage or supervise the business to be carried on

MULTI BRANDED FOOD COURT AUG-2017 28


under the provision of this agreement and to ensure that
the obligations of Licensee under the agreement are duly
performed and observed. In addition, Licensee or a duly
authorized and competent Manager appointed and paid by
the Licensee shall remain available at the Multi Branded
Food Court for ease of administration of performance of
license to the satisfaction of the licensor. The name(s) of
the Manager will be advised by the Licensee to the IRCTC
from time to time.
5.11 Unsatisfactory services : In the event of unsatisfactory service, poor quality of
etc. articles, persistent complaints from passengers, and services
below the standard or any failure or default at any time on
the part of the Licensee to carry out the terms and
provisions of the agreement to the satisfaction of the
IRCTC (who will be sole judge and whose decision shall be
final), and will take necessary action against the licensee
including imposition of penalty and it shall be optional to
the IRCTC to make any substitute arrangement it may
deem necessary at the cost and risk of the Licensee or to
forthwith terminate this agreement without any previous
notice to the Licensee and in case of such termination the
Security Deposit shall be forfeited by the IRCTC and the
Licensee shall have no claim what so ever against IRCTC or
any of the officials in consequence of such termination of
the agreement. No refund of proportionate License Fee
shall be admissible in case of Termination under this clause.
The Licensee agrees to make good all cost and expenses, if
any incurred by the IRCTC for making the substitute
arrangements referred to above. The License shall be also
be debarred from participating in the future projects of
IRCTC for a period of one year.
5.12 a) Consequence to the : a. If the Licensee is a partnership firm and in case there is
death / severance of permissible clause in the constitution of the firm that the
any partner/s (in case firm shall not be dissolved by reason of the death of one
of partnership firm) partner or the severance of any partner from the business
of the firm and in case the performance of the Licensee is
entirely satisfactory according to the assessment of the
licensor then in such an event the licensor at its discretion
may allow the Licensee to continue under the agreement

b) In the event of death b. Transfer of licence to the spouse/legal heir would be


of original licensee. allowed only in the event of death of the original licensee.
The licence can be transferred in the name of spouse/legal
heir for the unexpired period of the agreement only, with
personal approval of the CMD, IRCTC. Nomination of
the legal heir should be submitted by the licence holder at
the time of entering into agreement. The nomination
should be only from amongst the family members.

MULTI BRANDED FOOD COURT AUG-2017 29


5.13 Liability for provision of : The Licensee accepts liability, civil and criminal for
Consumer Protection compensation/damages in accordance with provision of
Act. Consumer Protection Act or any statutory modification of
the Act or any other law for the time being in force for
action occasioned by negligence, deficiency of service,
imperfect or improper performance by the Licensee, his
workmen, servants and agents. The Licensee shall
indemnify the licensor and Railway administration from and
against all payments made under the provision of the said
Act or law including all costs, litigation costs etc. Any
money which may become payable by the Licensor as
aforesaid shall be deemed to be money payable to the
licensor by the Licensee and in case of failure by the
Licensee to repay the licensor any money paid by it as
aforesaid within seven days after the same have been
demanded by the licensor shall be entitled to recover the
same from the Security Deposit or from any money due by
the licensor to the Licensee.
5.14 Notice to the Licensee : Any notice in terms of this License by either Party will be
given at the address stated herein above by
Courier/Registered AD Post unless a different address has
been intimated in writing against receipt. Upon the receipt
of any other notice order, direction or any other
communication from any competent authority (including
notices, affecting the rates, taxes or other outgoings) in
respect of this licence , the other Party shall immediately
deliver a copy of the necessary document, to that Party.

Subject to as otherwise provided in this agreement, all


notices to be given on behalf of licensor and all other
actions to be taken by the licensor may be given or taken on
behalf of the licensor by the Dy. General Manager or any
other officer for the time being entrusted with such
functions, duties and powers by the licensor.

6.0 EXIT CLAUSE

6.1 Lock-in period : The Licensee may exit the business after lock-in-period of
four years after commissioning of the unit if in his view the
same is not commercially viable or operationally feasible.
6.2 Procedure for exit : The Licensee shall be required to communicate its/ his
intention of exiting from the Licence in writing by providing a
minimum of six months notice to IRCTC. IRCTC in the
meanwhile initiate the process of fixing up a new Licensee for
Multi Branded Food Court.
6.3 Forfeiture of Security : In case of an exit under clause 6.1 Security deposit of the
Deposit Licensee will be refunded by IRCTC.

MULTI BRANDED FOOD COURT AUG-2017 30


7.0 EVENTS OF DEFAULT

7.1 Breach of any terms and : In the event of any breach of the said terms and conditions of
conditions of the the License, the IRCTC reserves the right to impose penalties
License and will be entitled to forfeit the whole or the part of the
Security Deposit/License fee besides terminating or revoking
the License and debarring the Licensee from participating in
the future projects of IRCTC for a period of one year. The
decision of IRCTC in this regard shall be final and binding.
7.2 Termination of License : The licensor shall also be entitled at any time forthwith to
on other events of terminate the License without notice in any of the following
default events:
a) In the event of the Licensee being convicted by a court
of law under the provisions of criminal procedure code
or any other law.
b) In the event of the Licensee being a proprietor or, if a
firm, any partner in the Licensee firm being at any time
be adjudged insolvent or a receiving order or order for
administration of his estate made against him or shall
take any proceeding for liquidation or composition
under any Insolvency Act for the time being in force or
make any conveyance or assignment of his interest or
enter into any agreement or composition with his
creditors for suspended payment, or if the firm be
dissolved under the partnership Act or, in the event of
Licensee being a company, if the company shall pass
any resolution to be wound up either compulsorily or
voluntarily.
c) Repudiation of agreement by Licensee or otherwise
evidence of intention not to be bound by the
agreement.
d) Failure to adhere to any of the due dates of payment
specified in the terms and conditions. Immediately on
the determination of this agreement the Licensee shall
peacefully vacate the premises and hand over to the
licensor/Railway administration all articles in the
custody or possession of the Licensee and shall remove
all his stores and effects from the said premises.
e) In default the licensor shall be entitled to enter and take
possession of the said premises and to lock up the
same or remove the furniture or other articles of the
Licensee that may be lying there and to dispose of the
same by sale or otherwise without being liable, for any
damage, and all expenses incurred in connection
therewith, shall be deducted by the licensor from the
sale proceeds or from the Security Deposit or pending
bills of the Licensee.
MULTI BRANDED FOOD COURT AUG-2017 31
7.3 Failure to provide any : IRCTC at their discretion may call for any record to satisfy
record to IRCTC them regarding operation of the License and Licensee will
provide every help failing which it may amount to breach of
condition of the Licensee. All communications /information
received/required by IRCTC must be furnished by the
Contractor/license within 15 days failing which suitable penalty
including termination of the Contract can be done at the
discretion of IRCTC.

7.4 Compliance for the : Recurring instances of failure to rectify the deficiencies noticed
inspection reports / during inspections and highlighted through complaints shall
Complaints invite imposition of penalty and/or termination of license.

8.0 CONSEQUENCES OF DEFAULT

8.1 Notice for termination : In case of any event of default mentioned in the agreement
having occurred, it shall be lawful for the IRCTC any time
thereafter to impose penalty and/or terminate the License
agreement and forfeit the Security Deposit, SUBJECT
HOWEVER to the IRCTC having given to the Licensee
fifteen (15) days prior notice in writing to remedy or make
good such breach and in spite of such notice the Licensee
having failed to remedy the breach. Upon termination of this
License agreement as aforesaid, the Licensee shall deliver
vacant and peaceful possession of the premises to the
IRCTC/Railways. The License shall be also be debarred from
participating in the future projects of IRCTC for a period of
one year. The decision of IRCTC in this regard shall be final
and binding.

9.0 ARBITRATION

a. In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract or the respective right and liability of the
parties on any matter in question, with reference to the contract, the Parties agree to use
their best efforts to attempt to resolve all disputes in prompt, equitable and good faith .
In the event the Parties are unable to do so, such party may submit demand in writing
for reference of dispute to arbitration as prescribed herein.

b. The parties hereto further agree to waive off the applicability of sub-section 12 (5) of
Arbitration and Conciliation (Amendment) Act 2015 and will submit demand in writing
that the dispute/differences be referred to arbitration along with format annexed hereto
as Annexure- H. The demand for arbitration shall specified the matters which are in
question, or subject of dispute or differences as also the amount of claim item wise.

c. Only such dispute or differences, in respect of which the demand has been made,
together with counter claims of setoff given by IRCTC shall be referred to arbitration
and other matters shall not included in the reference.
MULTI BRANDED FOOD COURT AUG-2017 32
d. In the event of demand made as mention herein above, such dispute or difference
arising under any of these conditions or in connection with this contract (except as to
any matters the decision of which is specially provided by these or the special
conditions) shall be referred to Sole Arbitrator from the panel of Arbitrators appointed
by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final
and binding on the parties to this contract. The venue of the Arbitration shall be at
New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses
of the Arbitration shall be borne jointly by the Parties in equal proportion subject to
determination by the Arbitration tribunal.

MULTI BRANDED FOOD COURT AUG-2017 33


Annexure- H

Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and
Conciliation (Amendment) Act

I/we..................................................(Name of agency/contractor) with reference to agreement


dated..................................raise disputes as to the construction and operation of this contract, and
demand arbitration in respect of following claims:

Brief of claim:

Claim 1- Detailed at Annexure-


Claim 2- Detailed at Annexure-
Claim 3- Detailed at Annexure-

I/we.................................. do agree to waive of applicability of Section 12(5) of Arbitration and


Conciliation (Amendment) Act.

Signature of Claimant...................... Signature of Respondent.............

I/we.................(Name of Claimant) with reference to agreement dated............... hereby waive of


applicability of subsection 31A (2) to 31A (4) of Arbitration and Conciliation (Amendment) Act.
We further agree that cost of arbitration will be shared by the parties in terms of Arbitration
clause of the agreement.

Signature of Claimant...................... Signature of Respondent.............

MULTI BRANDED FOOD COURT AUG-2017 34


10.0 OTHER CONDITIONS

10.1 Storage, handling of : The storage, handling of raw materials and finished products
food items will be in extreme hygienic conditions and as per acceptable
norms of the industry. Such storage, handling of raw material
and finish products shall be certified as per norms of the
industry and its standards. The scrutiny in this regard by
quality checks agencies standards to be set by IRCTC need to
be followed.
10.2 Collection of food : IRCTC reserves the right to get the food samples / raw
samples material collected and tested at approved laboratories at the
cost of the Licensee.
10.3 Advertisement/ : The Licensee will not engage in or permit any
Publicity/ advertisement/publicity/sponsorship of any brand or
Sponsorship product, directly or indirectly, without prior approval of
IRCTC.
10.4 Payment of : The Licensee will be liable for payment of all taxes/duties and
taxes/dues other liabilities in respect of the business.
10.5 Liability for : The Licensee shall accept liability for compensation/damages
compensation/ under the Consumer Protection Act or any other law in
damages respect of performance of the services or in respect of any
negligence, act/omission of the Licensee, his workmen,
servants and agents.
10.6 Observance and : The licensee shall, at all times indemnify the IRCTC against all
performance certain claims and penalties which may be suffered by IRCTC or any
acts person employed by them by reason of any default on the part
of the licence in due observance and performance of
provision of:
 Workmen’s Compensation Act –1923
 Employment of Children’s Act XXVI of 1938 and
 Any other relevant laws
10.7 Assignment of : Licensee shall not, without the prior consent of the IRCTC,
License assign the License or any part thereof, or any benefit or
interest therein or there under.
10.8 Compliance of : The Licensee shall comply with any other instructions issued
instructions by IRCTC from time to time within a reasonable time, as may
be necessary to ensure better services.
10.9 Quality/make/source : IRCTC may specify quality/make/source of Packaged
of Packaged drinking water/IRCTC Branded Fruit Drink to be sold by the
Drinking Licensee. The Licensee shall accept IRCTC’s directions in this
Water/Fruit Drink regard.
10.10 Disposal of seized : The Licensee shall not sell the items other than those
unauthorized items approved by IRCTC. Sale of unauthorized items if detected in
contravention to approved items, the licensor or its / his
authorized representative / official may seize such items and
the unauthorized seized items shall be disposed off as per
policy of IRCTC in addition to any penalty to be imposed for
this / such contravention.
MULTI BRANDED FOOD COURT AUG-2017 35
10.11 General : The licensor reserves the right to amend any of the clauses of
the agreement and also to add fresh clauses from time to time.
The rider agreement in this regard shall be executed between
the parties within 15 days of the amendment / changes.
Further, IRCTC reserves the right to extend or reduce the
stipulated clause in the tender/License conditions herein
above, in order to meet operational exigencies. The decision
of Chairman and Managing Director of IRCTC in this regard
will be final.
10.12 Check List and Check List for Facilities / Requirements at Multi Branded
Hygiene & quality Food Court is attached as Annecure-3.
parameters
Hygiene and quality parameters for kitchen, food handling,
cleanliness, packaging, etc. is attached at Annexure-4.

11.0 FORCE MAJEURE

In the event of any unforeseen event directly interfering with the operation of License arising during
the currency of the License agreement; such as war, insurrection, restraint imposed by the
Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of
public enemy, acts of God, sabotage; the Licensee shall, within a week from the commencement
thereof, notify the same in writing to the Licensor with reasonable evidence thereof. The Multi
Branded Food Court shall be restored as expeditiously as possible or, as the case may be, the
impediment to accessibility shall be removed as expeditiously as possible. If the Said Property
cannot be rendered fit for occupation and use for more than thirty days, the Licensee shall not pay
License Fee for such period till the said property becomes accessible and operational following
cessation of force majeure event mentioned above. The period of License will be further extended
for the period during which License was not operational.

MULTI BRANDED FOOD COURT AUG-2017 36


Annexure-1
Copy of Site / Sketch Plan of Multi Branded Food Court at Station

MULTI BRANDED FOOD COURT AUG-2017 37


Annexure-2
DISTRIBUTION OF DISPLAY SPACE ON THE OUTER FAÇADE AND OTHER
AREAS

MULTI BRANDED FOOD COURT AUG-2017 38


Annexure-3
Check List - Facilities / Requirements at Multi Branded Food Court.

SN Particulars
1. Air curtains at entrances / Exits
2. DG Sets for power back up facility
3. Appropriate lighting in and around the Multi Branded Food Court.
4. Tiled / Marble / wooden flooring easy for cleaning and maintenance.
5. Appropriate interior / exterior wall finishing.
6. Wooden partitions/ Cabins / Wooden stairs / false ceiling / Modern art paintings
7. Transparent glass partitioned pantry area.
8. Insects, flies catchers / Illuminated lights / neon signages.
9. Provision for fire safety measures with appropriate placement of fire extinguishers.
10. Common or Independent Gas Bank’s certified by authorized agencies of oil companies
Change room for the staff with toilet facilities without direct access from within the Multi
11.
Branded Food Court.
12. Display of IRCTC logo and brand name along with the brand name of the licensee.
13. Independent waste / garbage disposal system.
14. Deputing security personnel / Electronic security alarm systems
15. Periodical Pest control systems and installation of insectocutors.
Installation of ISI approved fittings, equipments with AMC (Annual Maintenance
16.
Contracts).
17. Deployment of qualified personnel for supervision
High standard of personalized service with neat uniform, Aprons, Chef caps, hand gloves
18.
with high personal hygiene standards.
Cold Rooms / Store and deep freezer with aluminum / steel shelves for storage of Veg. &
19.
Non-veg. items separately.
Dry Store for storage of Non-perishables with aluminum / wooden shelves separately for
20.
veg. / Non-Veg items.
Modern kitchens with steam boilers / detachable steel grill sinks / Deep freezers /
Refrigerators / Bottle coolers / Hot cases / Dispensers / Modern dough kneading
21. machines. Use of modern electronic gadgets for cooking (Ovens, Micro ovens,
Salamanders, Deep fat fryers , Grillers , Vegetable Peeling / Slicing Machines, Vacuum
cleaners etc.,)
Graphical display of do’s & don’ts to the staff on hygiene, sanitation , storage , food
22.
handling etc.,
Filtered water supply (Hot & Cold) usage for cooking purposes. Use of Stainless steel
23.
vessels, utensils, containers used for cooking purposes.
24. Pot wash area with supply of Hot & Cold water for cleaning of utensils.
25. Use of disposable dustbin covers of appropriate sizes.
26. System of simultaneous cleaning schedules along with the production process.
27. Stainless steel work tables, trolleys, shelves, Sinks etc.,
28. Standardized packing systems at appropriate quantities with approved packing material.
29. System of weighing, measuring, sealing, marking etc., on the packing area.
Use of Trolleys with appropriate sizes and capacity for transportation to storage and
30.
delivery area.
MULTI BRANDED FOOD COURT AUG-2017 39
31. Temperature control Mechanism for packing area.
32. Air conditioning of all outlets.
33. Use of updated Menu cards without correction.
34. Use of bio-degradable disposables/eco-friendly food grade material for packaging .
35. Provision for Complaint / Suggestion book supplied by IRCTC
36. System of obtaining minimum 500 feed back in 6 months from guests / passengers
37. Networked computerized billing.
Provision for safe drinking water confirming to the standards stipulated by BIS from time
38.
to time/ water filters.
Hand wash basins with provision for liquid soaps and hand drier. Separate wash room
39.
facilities for Gents & Ladies.
40. Facilities for differently abled.

Note: - Above are mandatory provisions, however, these can be relaxed depending on
requirements, site conditions etc.

MULTI BRANDED FOOD COURT AUG-2017 40


Annexure-‘4’

HYGIENE AND QUALITY PARAMETERS FOR KITCHEN, FOOD HANDLING,


CLEANLINESS, PACKAGING, ETC.

The manual on quality for food and personal hygiene will define good hygiene practices to be
followed in base kitchens, Multi Branded Food Court, Fast Food Units, food handling, in Mobile
Pantry cars, and catering services at stations. All personnel should be aware of their food and
personal hygiene responsibilities, and must have adequate training to maintain the highest standards
of food and personal hygiene.

Hazard Analysis Critical Control Point, HACCP, is a food handling and operation approach which
promotes food safety by identifying food hazards and applying and monitoring necessary control
measures at points critical to safety.

The HACCP approach is being actively encouraged for ensuring food hygiene. It is necessary to
maintain high level of cleanliness within the food premises (where food is stored, prepared and
processed) and to ensure that prepared and raw food is kept separate.

1. PURCHASES AND PROCUREMENT OF RAW MATERIAL

 The production of high quality safe food can only be achieved if you utilize sound raw
ingredients that are free from contamination.

 The first measure to prevent hazards is to buy from reputable suppliers.

 In respect of temperature-controlled deliveries, the temperature required on delivery should


be specified to the supplier.

 All raw materials should be received in storeroom, which should be separate from the food
preparation area. Timings of receipt from different vendors be fixed to allow adequate
quality check time. Temperature audit during receipt for perishables must be implemented
as these affect the shelf life during storage as well as the end product.
 All items must be coded with receipt and use by date to allow maintenance of FIFO (First in
First Out). This ensures safe consumption time slots, appropriate quality maintenance and
product integrity.
 Examine and categorize each lot for degree of ripeness and maturity in case of fresh fruit
and vegetables. Each category be stocked separately to understand the stocks and indenting
for fresh supplies. This restricts wastage.
 Examine the freshness of vegetable by colour, firmness of flesh and odor for fresh meat and
fish.
 The presence of dust and foreign material like stones, hairs, nuts, bolts, wires, staples,
feathers, rat droppings, papers, cigarette ends, earrings, fingernails, buttons, pen tops should
be seen and removed.

MULTI BRANDED FOOD COURT AUG-2017 41


 Canned food should have date of manufacture, expiry date and other specifications as given
on the packaging.

 All perishables should be used within a short time especially in hot weather.

DELIVERY AREA

 Food will not be left open to possible contamination. Arrangements will be made to ensure
that food delivery is made in secure areas free from all risks.

 Food will be placed 18 inches above the ground, in an area free from contamination.

2. RECEIPT OF GOODS AND STORAGE OF GOODS

 Paper towels should be used for wiping crockery and dishes.

 The entire facility, including the floors, walls, ceilings, windows, screens, doors etc. must be
cleaned at regular intervals to prevent any accumulation of rubbish.

 All food contact surfaces should be cleaned and sanitized after every use.

 All fans and blowers of coolers, freezers, kitchen and storage areas must be regularly cleaned
to prevent build up of any debris and contamination.

 The production area must be thoroughly cleaned at least twice in every 24 hours. The
recommended cleaning procedure is a wet wash.

 Drains should not get clogged which leads to foul smelling organic matter.

 Remove all waste material deposited on the grates and shelves. This will keep drains from
clogging and emitting foul smell.

 All kitchen equipment must be disassembled, washed and sanitized after use. Ongoing
cleaning must be carried while production is on. This includes frequent removal of garbage
in linings for uninterrupted production.

 No smoking or pan or tobacco chewing should be allowed in the premises.

 No cobwebs or dust should gather on walls, windows, doors and skylights.

 Maintain weekly schedule for thorough cleaning. Nominate a day for the purpose and
display it prominently.

 Leftover food items should be condemned as per rules and schedule of powers.

MULTI BRANDED FOOD COURT AUG-2017 42


 Before storage all store items should be cleaned so as to remove external and solid
contamination.

 Insects and other foreign materials like dust, hairs, etc. from cereals, pulses, etc. should be
removed before washing.

 Dry stores should be stored in airy rooms, and there should be no dampness. Keep some
space off from the walls and floors to enable regular cleaning. Do not use damaged, rusty or
dented cans for storage. All storage cans should have proper covers.

 Store food material at proper temperature to prevent growth of bacteria, the most common
contaminating agent. Stop contamination, multiplication of bacteria and food poisoning.
Generally most bacteria inactivate at freezing point i.e. zero degree and below. Between 1.7
and 1.4 degree Celsius they start becoming active but grow slowly. As the temperature rises,
they grow faster. Keep food at following recommended temperatures:

 Food Items  Temperature Range


 (Degree Celsius)
 Frozen  -20 to –10.0
 Fish and sea food  -5.0 to -1.0
 Meat  0.5 to 3.30
 Milk and milk products  3.30 to 7.5
 Fruits and vegetables  5.0 to 7.0
 Eggs  7.0 to 10.0
 Canned foods  10.0 to 20.0
 Any dry stores like cereals, etc.  15.0 to 20.0

 Deliveries of food items will be accepted only by a person authorized to do so and who will
check:

 If the foods are substandard the authorized person will ensure the following action:

 When goods are found contaminated on arrival. The goods will be stored separately until
inspected and it will be the responsibility of the Manager to notify the supplier;

 Dry goods will not be placed into store until they have been checked for pest damage or
infestation.

 Scales will be thoroughly cleaned between the weighing of different goods, especially raw
products. Separate scales will be provided for raw meat and high-risk foods, each clearly
marked for intended use.

 Containers used for the receipt, storage or distribution of goods will be kept scrupulously
clean and dry.

MULTI BRANDED FOOD COURT AUG-2017 43


 Steps will be taken to ensure that cross-contamination does not occur during delivery, stock
rotation and storage.

 New stock will be placed behind/beneath older stock in store or refrigeration, subject to
date coding.

 Stock will be stored off the floor on racks. Racks of adequate capacity will be provided for
this purpose.

 Bare wood will not be used for storage

 All opened dry food products and those in inadequate packaging will be stored in pest proof
containers that will be maintained scrupulously clean.

 Cleaning chemicals and materials will never be stored with or in close proximity to food or
food equipment.

 Storage containers will be washed clean when empty and allowed to dry. Goods stored in
bins will be allowed to run down completely at least weekly, to facilitate regular cleaning.

3. STORAGE OF CERTAIN FOODS

Storage of Bread:

a) To be kept in a cool, well-ventilated storage area to arrest mould formation.

Storage of Canned Foods:

a) To be inspected regularly to ensure that those which are “blown”, badly dented,
seam damaged or rusty are not used.

Storage of Flour and Cereals:


a) To store sacks of flour and cereals off the floor in a damp-free environment and inspect
them regularly for signs of contamination and infestation.
b) After opening, to store the goods in containers with tight fitting lids. Record the “best
before” date sequence.
c) To thoroughly clean and dry the containers each time they are emptied.

Storage of Fresh Fruit and Vegetables:

To store them in a dry, cool and well ventilated area, away from other foods. Goods will be
inspected daily and any deteriorated items removed.

Storage of Milk, Dairy Products and Fats:

a) Milk and cream will be kept separate from all raw products.
b) Fresh milk and cream will be placed in a refrigerator or cold storage

MULTI BRANDED FOOD COURT AUG-2017 44


c) Fats will be stored under refrigeration and away from strong smelling foods that could taint
them.

4. CORRECT USE OF REFRIGERATORS

 Refrigerators will be placed away from heat source (e.g. cooking appliances, sun rays) in a
well-ventilated area. They will be so sited that all surrounding areas can be properly cleaned.

 Refrigerators will not be overstocked. Food will not be put in front of cooling elements or
tightly packed, so as to prevent air from circulating.

 Cooler and freezer must have two thermometers each with proper display to monitor and
maintain appropriate temperature.

 Where a refrigerator is not fitted with automatic defrost, it will be defrosted and thoroughly
cleaned at least weekly. Spillages will be cleaned up immediately. Units with automatic
defrost will be defrosted and cleaned every month.

 Food under refrigeration will be checked daily to ensure that the quality is maintained and
stock is rotated effectively. All food past its “best by” or “use by” date will be discarded.
 Wherever possible, cooked and raw foods will be stored entirely separately and each freezer
will be labeled with its intended use. When this is not possible, for example, in a large deep
freezer, then separate areas will be designated and clearly labeled, indicating cooked and raw
food storage areas.

 All freezers with automatic defrost cycles will be defrosted and cleaned out thoroughly every
three months. The shelves will be cleaned weekly.

5. THE AVOIDANCE OF CROSS-CONTAMINATION IN REFRIGERATORS

 All foods will be wrapped/covered entirely separately and where appropriate, placed on
separate trays.

 In mixed refrigerators, high-risk foods will be stored on shelves above raw foods.
 If shelves have been used for raw foods, these will be removed and thoroughly disinfected
before using for cooked foods.
 Refrigerators will be thoroughly cleaned weekly

6. CUTTING AND DRESSING

 Cutting area and dressing rooms should be separate from the food preparation area.
 Vegetables and fruits should be passed through chlorinated water before they are thoroughly
washed in running water.
 Cut vegetables and fruits should be thoroughly washed before transferring them to the
kitchen.
 Waste material should be collected in disposable bags and transferred to the garbage bins
regularly.
MULTI BRANDED FOOD COURT AUG-2017 45
7. FOOD PREPARATION
 This being the main part of kitchen, care should be taken to keep it thoroughly clean.
 Floor should be regularly mopped and no washing is allowed in this area.
 Be vigilant and report any damaged equipment or surfaces, leaking oil, missing nuts or bolts,
leakage of gas, etc.
 Cooks and helpers should always use aprons and head gears. They should wash their hands
in Potassium Permanganate solution before starting food production.
 Keep separate utensils and spoons for non-vegetarian and vegetarian food.
 Use non-saturated branded vegetable oil as cooking medium.
 Only hot water should be used for floor cleaning after the operation has been completed.
Anti-grease detergents should be used for such areas.

8. HOLDING OF COOKED FOOD

 In restaurants cooked food needs to be kept for some time before it is served because of
large quantity of food involved and service time is fairly long. Bain-maries for hot food and
refrigerators/deep freeze for cold food should be used:
 To avoid contamination and to safeguard the health of the customers food should be kept at
following prescribed temperatures:

Food Item Prescribed Temperature Range


(Degree Celsius)
Meat and main dishes 60 to 65
Hot beverages (tea/coffee) 85 to 90
Sauces 65 to 80
Salad 4 to 7
Frozen dessert -3 to -10

9. PACKAGING OF FOOD

 Packaging improves presentation and facilitates handling. It should retain heat in case of hot
foods and control temperature in case of cold foods.
 Only proper cleaned and sanitized container must be used for packaging.
 Do not keep food uncovered even while packaging
 Use food grade material for packaging to avoid food poisoning
 Do not use wax coated paper containers for serving food

10. WATER

 Only potable water will be used for drinking, food preparation, drink dispensers and ice
making. Where necessary water will be filtered and treated on-site to ensure all water for
these uses is potable.
 UV water purifier should be provided for supply of potable water.
MULTI BRANDED FOOD COURT AUG-2017 46
11. SINKS

 Food preparation equipment, food etc will not be stored under sinks.

 Separate sinks will, where possible, be provided for each preparation purpose, i.e. raw meat,
vegetables, fish, etc. These sinks will be labeled with their intended use.

 Sinks will not be used for personal hygiene uses, e.g. hand washing, unless specifically
designated for the use.
 Sinks will be cleaned thoroughly after every use.

12. HAND WASHING FACILITIES

 Hand washing facilities will be provided in readily accessible positions throughout food
handling areas.

 Hand washbasins will be provided with hot and cold running water or water at a suitably
controlled temperature.

 Hand soap will be provided at each wash hand basin.

 The fitting will be cleaned and disinfected regularly.

 Wash hand basins will be provided in the staff changing facilities and toilet areas. Notices
will be displayed instructing staff to wash their hands.

13. FOOD EQUIPMENT

 Only equipment in current use will be stored in kitchen areas. Damaged and worn
equipment that cannot be readily cleaned will be replaced.

 The condition and cleanliness of equipment utensils and cleaning cloths will be inspected
daily.

 Food preparation equipment and utensils will be cleaned immediately after use.

 Utensils, food containers and pans will be washed thoroughly, using hot water and a
detergent and then rinsed in water at a minimum temperature of 70 degree C, to ensure
adequate disinfection.

 Cooking equipment and storage racks will be located so as to enable areas below and around
to be easily cleaned.

 Equipment used for raw meat or vegetable preparation will not be used for cooked or other
high-risk food preparation.

MULTI BRANDED FOOD COURT AUG-2017 47


 Separate labeled or colour coded knives, slicing machines, cutting boards, etc will be
provided for cooked meat, raw meat and vegetable preparation purposes.

 Cutting and preparation boards will be checked daily for excessive wear and appropriate
action taken.

 Food preparation surfaces will be used for one purpose only. Raw and cooked foods will
not be prepared on the same surface. Each surface will be labeled or colour coded with its
intended use.

 Work surfaces will always be cleaned down before and after use, in line with the
recommended method.

14. THE AVOIDANCE OF CROSS-CONTAMINATION DURING FOOD


PREPARATION

 Raw food will, at all times, be kept apart from food to be served without further heat
treatment.
 Separate areas will be provided for the preparation of raw meats, cooked meats and raw
vegetables, with preparation tables being used exclusively for that purpose. Each area will be
labeled with its intended use.
 Separate utensils will be provided for the preparation of cooked meats and other high-risk
foods, raw meat, raw vegetables and fish.

15. FIRST AID


 Supply of first aid equipment should be available for use.

16. PERSONAL HYGIENE


 All staff handling food will wear suitable clean protective clothing.

 Protective clothing will be changed daily and more often, if soiled.

 Protective clothing will be worn only for food handling duties.

 Staff will not wipe hands on protective clothing.

 Protective headgear will be worn to ensure hair and dandruff do not contaminate food or
surfaces.

17. STAFF TOILETS


 Wash hand basins will be provided within the areas, with adequate hot and cold water
supplies, soap and a suitable hand drying facility.

 The sanitary accommodation will be kept tidy and scrupulously clean.


MULTI BRANDED FOOD COURT AUG-2017 48
18. PERSONAL HYGIENE GUIDANCE FOR FOOD HANDLERS

 Annual medical examination of all staff has to be ensured and a fitness certificate issued.

 Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can
contaminate food with food poisoning bacteria. Staff with diarrhea or vomiting may also
contaminate food with food poisoning bacteria.

 All the staff handling food must take every precaution to ensure that such germs are not
passed on to food. A few simple rules are, therefore, necessary and all who are employed in
handling food must abide by them.

 Scrupulous personal cleanliness is essential to clean food handling and the highest standard
must be achieved and maintained at all times by those responsible for food storage,
preparation, cooking and service.

 Protective clothing such as apron, headgear, hand gloves etc. must be worn before entering
and working in food processing area.

 Food should be touched by hand only when there is no alternative-and hand cleanliness is
the basic rule of hygiene.
 Hands and arms must be washed with soap in running hot water and rinsed thoroughly in a
wash hand basin designated specifically for such use:

 Before starting work


 On returning to work after each break
 After moving from one area to another
 After using the toilet
 Between handling raw and cooked food
 After handling waste food and refuse
 After handling chemicals
 Before and after any cleaning procedure
 After contact with pests or contaminated food
 After touching any part of the head
 After smoking

 Hands should be thoroughly dried preferably with paper towels.

 Nails must be kept short and scrupulously clean and not bitten. Nail varnish is not
permitted.

 Skin cleanliness is essential Therefore a daily bath or shower is recommended.

MULTI BRANDED FOOD COURT AUG-2017 49


 Feet should be covered with suitable footwear.

 Food or drink should not be consumed whilst working in food handling areas.

 For women, the hair should be contained within a net.

 Hats should be scrupulously clean and must be worn at all times when handling food or in a
food room.

 Smoking in a food room is not permitted.

19. TRAINING

 Staff Training

 All staff must receive appropriate food and personal hygiene training to ensure that they are
able to comply with the hygiene requirements. Initial training should be given on induction
and refresher training undertaken on annual basis. The training programme must be in
written format, in vernacular, and records must be maintained on imparting of training with
acknowledgement of staff,

 All food handlers should undertake induction training during their first week of
employment. Such training should include:

 Personal hygiene and health policy

 Avoidance of contamination of food

20. CLEANING

 EQUIPMENT AND MATERIALS

 Cleaning equipment, chemicals and materials will be stored in a purpose built room or
cupboard, within or adjacent to catering areas. When not in use, the room or cupboard will
be kept locked shut.

 Cleaning equipment, chemicals and materials will be returned to the cleaning room or
cupboard immediately after use. It will not be stored in the kitchen preparation, storage or
serving areas.

 Cleaning materials will never be stored in food or equipment stores where they may
contaminate food or equipment.
 All food surfaces, food and equipment will be covered whenever large scale cleaning takes
place.

 All equipment used for cleaning will be cleaned after use and prior to storage.
MULTI BRANDED FOOD COURT AUG-2017 50
21. PEST CONTROL

 Pest control measures have to be adopted with schedule of pest control to be displayed.

 Insects and rodent pests, cats and birds can spoil and contaminate food. They can also use
cause considerable damage to food stocks and premises.

 Food handling areas provide ideal conditions for the survival and multiplication of pests.

 All dry goods will be checked at the time of delivery, for pest infestation or damage before
being placed into the storage area.

 Open dry food will be kept in pest-proof containers with close fitting lids. The lids will be
replaced immediately after use.

 All stored goods will be kept off the ground and clear of walls, with adequate space between
stock to enable regular inspection and cleaning.

 To ensure that food premises are maintained free of pests and any reported incidents receive
attention, a competent person or pest control contractor must be employed to:

a) Inspect areas within the food premises that have been previously treated.
b) Inspect areas within the location that are particularly vulnerable to infestation
by pests
c) Inspect the food premises for any necessary proofing works or items
conducive to pest infestations.

Signs to Look For – Rodents & Mice

 The animals themselves


 Droppings
 Damage to the food itself and food spillage.
 Holes and nesting sites.
 Gnaw marks on packaging, food containers, stored equipment and building fabric.
 Offensive odours may indicate an infestation.

Signs to Look For-Insects

 Insects, including silverfish, flies, cockroaches, ants, moths, weevils, beetles, wasps, mites
and posits (booklice)
 The adult insect, pupae, larvae or juveniles- (Dead or alive)
 Webbing of food packaging, in the food itself, on storage shelves or equipment.
 Small tunnels or holes in some food or packaging.
 Molted skins, faucal pellets, egg or egg pouches (cockroaches)
 Offensive odors may indicate an infestation.

MULTI BRANDED FOOD COURT AUG-2017 51


Signs to Look For

 Birds themselves, dropping and feather debris.


 Holes and nesting materials/sites.

22. KITCHEN STRUCTURE


 Adequate space with separate provision for storage of raw material, cleaning and dressing,
preparation of food, packaging and delivery.

 Kitchens should be airy and it should have wire meshing on windows, doors and skylights
and air curtain on main doors. Electrical chimney/exhaust hood should be provided to suck
hot air and effluents from the kitchen. Wall fans should be provided to cool staff but not to
bring wind currents on gas stoves. Other rooms should have exhaust fans.

 All incoming forced air must be filtered. All rest rooms must be equipped with exhaust fan
and rest room ventilation must have vents directly outside.

 Adequate number of flycatchers (insectocutors) to control fly and other insects in the area
must be installed in the kitchen.

 There should be a washroom attached to the base kitchen, which should be provided with
washbasin, soap, looking glass and hand dryer.

 UV water purifier should be provided for supply of potable water.

 The kitchen should be facilitated with requisite temperature control system to allow
appropriate temperature maintenance in the working facility. Recommended temperature
for cold kitchen is 70 degree Fahrenheit. Hot kitchen area should preferably be isolated and
equipped with hot air exhaust and fresh air intake fans.

 Major base kitchens should have standard electrical equipment with annual maintenance
contract.
 Cold rooms and deep freeze should be provided in case large quantity of food is to be stored
for a longer time.
 Good quality utensils preferably stainless steel containers for preparing vegetables and steel
containers for tea etc. should be provided which may be appropriately replaced from time to
time. In addition following equipment may also be provided and maintained depending
upon the size of the kitchens.
i) Vegetable peelers,
ii) Dough kneading machine,
iii) Masala/wet grinders,
iv) Cooking range,
v) Rice and water boilers,
vi) Bain-maries for keeping hot food for restaurant service,
vii) Trolleys for transfer of food within the kitchen,
viii) Hot meal trolleys for transfer of food to trains, and
ix) Weighing scales.
MULTI BRANDED FOOD COURT AUG-2017 52
Floors

 Floor surfaces should be durable, slip-resistant, non-absorbent, without cracks or crevices.


 The floor should be laid so as to enable easy and effective cleaning.
 Adequate drainage should be provided and any drainage channels or galleys should be
effectively trapped and sealed.

Walls

 Solid walls, coved at the junctions with floors and ceilings, are preferable.
 Wall surfaces should be durable, smooth, impervious and readily cleaned. All cracks should
be filled.

MULTI BRANDED FOOD COURT AUG-2017 53


Annexure-E

PRE-CONTRACT INTERGRITY PACT


General

This pre-bid pre-contract Agreement (hereinafter called the integrity pact ) is made on _____ day of
____, 2017 between, on one hand, the Indian Railway Catering & Tourism Corporation Limited
(IRCTC) acting through Shri Raj Kumar Chand, DGM/LCS, (hereinafter called the “BUYER”,
which expression shall mean and include, unless the context otherwise requires, his successors in
office and assigns) of the First Part and M/s ___________ represented by Shri __________Chief
Executive Officer (hereinafter called the “BIDDER/Seller” which expression shall mean and
include, unless the context otherwise requires, his successors and permitted assigns ) of the Second
Part.

WHEREAS the BUYER proposed to procure (Name of the Stores/Equipment/Item) and the
BIDDER/Seller is willing to offer/has offered the stores and

WHEREAS the BIDDER is a private company/Public company/Government undertaking /


partnership /registered export agency, constituted in accordance with the relevant law in the matter
and the BUYER is a Ministry / Department of the Government of India/PSU performing its
function on behalf of the President of India.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealing prior to, during and subsequent to the currency of the contract to be
entered into with a view to:-

Enabling the BUYER to obtain the desired said stores/equipment at a competitive price in
conformity with the defined specifications by avoiding the high cost and the distortionary impact
of corruption on public procurement, and

Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice in order to secure
the contract by providing assurance to them that their competitors will also abstain from bribing and
other corrupt practices and the BUYER will commit to prevent corruption, in any form, by its
officials by following transparent procedures.

The parties hereto hereby agree to enter into this integrity Pact and agree as follows:

1. Commitments of the BUYER


1.1 The BUYER undertakes that no official of the BUYER, connected directly or indirectly
with the contract, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the BIDDER, either for themselves or
for any person, organization or third Party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation process
related to the contract.

MULTI BRANDED FOOD COURT AUG-2017 54


1.2 The BUYER will, during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such
information to any particular BIDDER which could afford an advantage to that
particular BIDDER in comparison to other BIDDERs.

1.3 All the officials of the BUYER will report to the appropriate Government office any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(S) is reported by the
BIDDER to the BUYER with full and verifiable facts and the same is prima facie found to
be correct by the BUYER, necessary disciplinary proceedings, or any other action as deemed
fit, including criminal proceedings may be initiated by the BUYER and such a person shall
be debarred from further dealing related to the contract process. In such a case while an
enquiry is being conducted by the BUYER the proceedings under the contract would not be
stalled.

Commitments of BIDDERs

3. The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair, means and illegal activities during any stage of its bid or during any pre-contract or
post- contract stage in order to secure the contract or in furtherance to secure it and in
particular commit itself to the following:-

3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, and material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the
BUYER, connected directly or indirectly with the bidding process, or to any person,
organization or third party related to the contract in exchange for any advantage in
the bidding, evaluation, contracting and implementation of the contract.
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to
any official of the BUYER or otherwise in procuring the Contract or forbearing to
do or having done any act in relation to the obtaining or execution of the contract or
any other contract with the Government for showing or forbearing to show favour
or disfavor to any person in relation to the contract or any other contract with the
Government.
3.3 * The BIDDER shall disclose the name and address of agents and representatives
and Indian BIDDERs shall disclose their foreign principals or associates.
3.4 * The BIDDER shall disclose the payments to be made by them to agents/brokers
or any other intermediary, in connection with this bid/contract.
3.5 * The BIDDER further confirms and declares to the BUYER that the BIDDER is
the original manufacturer/integrator/authorized government sponsored export
entity of the defense stores and has not engaged any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
BUYER or any of its functionaries, whether officially or unofficially to the award of
the contract to the BIDDER, nor has any amount been paid, promised or intended

MULTI BRANDED FOOD COURT AUG-2017 55


to be paid to any such individual, firm or company in respect of any such
intercession, facilitation or recommendation.
3.6 The BIDDER, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed
to or intends to make to officials of the BUYER or their family members, agents,
brokers or any other intermediaries in connection with the contract and the details of
services agreed upon for such payments.
3.7 The BIDDER will not collude with other parties interested in the contract to impair
the transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.
3.8 The BIDDER will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.
3.9 The BIDDER shall not use improperly, for purpose of competition or personal gain,
or pass on to others, any information provided by the BUYER as part of the
business relationship, regarding plans, technical proposal and business details,
including information contained in any electronic data carrier. The BIDDER also
undertakes to exercise due and adequate care lest any such information is divulged.
3.10 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.11 The BIDDER shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.
3.12 If the BIDDER or any employee of the BIDDER or any person acting on
behalf of the BIDDER, either directly or indirectly, is a relative of any of the officers
of the BUYER, or alternatively, if any relative of an officer of the BUYER has
financial interest/stake in the BIDDER’s firm, the same shall be disclosed by
BIDDER at the time of filling of tender. The term ‘relative’ for this purpose would
be as defined in Section 6 of the Companies Act 1956.
3.13 The BIDDER shall not lend to or borrow any money from or enter in to any
monetary dealings or transactions, directly or indirectly, with any employee of the
BUYER.
4. Previous Transgression
4.1 The BIDDER declares that not previous transgression occurred in the last three
years immediately before signing of this Integrity Pact, with any other company in
any country in respect of any corrupt practices envisaged hereunder or with any
Public Sector Enterprise in India or any Government Department in India could
justify BIDDER’s exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on his subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded, can
be terminated for such reason.

5. Earnest Money (Security Deposit)


5.1 While submitting commercial bid, the BIDDER shall deposit Earnest
Money/Security Deposit, as defined in Annexure – C of this document, with the
BUYER through any of the following instruments:
(i) Bank Draft or a Pay Order in favour of M/s IRCTC Ltd, payable at New Delhi.
(ii) A confirmed guarantee by an Indian Nationalized Bank, Promising payment of
the guaranteed sum to the BUYER on demand within three working days
without any demur whatsoever and without seeking any reasons whatsoever. The
MULTI BRANDED FOOD COURT AUG-2017 56
demand for payment by the BUYER shall be treated as conclusive proof of
payment.
(iii) Any other mode or thought any other instrument (to be specified in the RFP).

5.2 The Earnest Money/Security Deposit shall be valid upto a period of five years or the
complete conclusion of the contractual obligations to the complete satisfaction of
both the BIDDER and the BUYER , including warranty period, whichever is later.
5.3 In case of the successful BIDDER a clause would also be incorporated in the Article
pertaining to Performance Bond in the Purchase Contract that the provisions of
Sanctions for Violation shall be applicable for forfeiture of Performance Bond in
case of a decision by the BUYER to forfeit the same without assigning any reason
for imposing sanction for violation of this Pact.
5.4 No interest shall be payable by the BUYER to the BIDDER on Earnest
Money/Security Deposit for the period of its currency.

6. Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it
or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle the BUYER to take all or any one of the following actions, wherever
required:-
(i) To immediately call off the pre contract negotiations without assigning any
reason or giving any compensation to BIDDER. However, the proceedings with
the other BIDDER (s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is signed) shall stand forfeited
either fully or partially, as decided by the BUYER and the BUYER shall not be
required to assign any reason therefore.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
(iv) To recover all sums already paid by the BUYER, and in case of an Indian
BIDDER with interest thereon at 2% higher than the prevailing Prime Lending
Rate of State Bank of India, while in case of a BIDDER from a country other
than India with interest thereon at 2% higher than the LIBOR. If any
outstanding payment is due to the BIDDER from the BUYER in connection
with any other contract for any other stores, such outstanding payment could
also be utilized to recover the aforesaid sum and interest.
(v) To encash the advance bank guarantee and performance bond/warranty bond, if
furnished by the BIDDER, in order to recover the payments, already made by
the BUYER, along with interest.
(vi) To cancel all or any other Contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the BUYER resulting from
such cancellation/rescission and the BUYER shall be entitled to deduct the
amount so payable from the money(s) due to the BIDDER.
(vii) To debar the BIDDER from participating in future bidding processes of the
Government of India for a minimum period of five years, which may be further
extended at the discretion of the BUYER.

MULTI BRANDED FOOD COURT AUG-2017 57


(viii) To recover all sums paid in violation of this Pact by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
(ix) In case where irrevocable Letters of Credit have been received in respect of any
contract signed by the BUYER with the BIDDER, the same shall not be
opened.
(x) Forfeiture of Performance Bond in case of a decision by the BUYER to forfeit
the same without assigning any reason for imposing sanction for violation of this
pact.

6.2 The BUYER will be entitled to take all or any of the action mentioned at para 6.1 (i)
to (x) of this Pact also on the Commission by the BIDDER or any one employed by
it or acting on its behalf (whether with or without the knowledge of the
BIDDER), of an offence as defined in Chapter IX of the Indian Penal Code, 1860
or Prevention of Corruption Act, 1988 or any other statute enacted for prevention
of corruption.
6.3 The decision of the BUYER to the effect that a breach of the provisions of this Pact
has been committed by the BIDDER shall be final and conclusive on the BIDDER
However, the BIDDER can approach the independent monitor(s) appointed for the
purposes of this Pact.
7. Fall Clause

The bidder undertakes that he/she shall not sell or offer to sell the product/products of identical
description to any organization, such as any Department of Central Government or any Department
of State Government or any statutory undertaking of the Central or a State Government or a PSU,
as the case may be, at a price lower than the price chargeable under this Rate Contract, till the
currency of Rate Contract.

In case the supplier sells or offers to sell the product or any product of identical description, during
the currency of the contract, at a lower price to any organization such as any Department of Central
Government or any Department of State Government or any statutory undertaking of the Central
or State Government or a PSU, then the difference in the cost would be refunded by the bidder to
the buyer.

8. Independent Monitors.
8.1 The BUYER has appointed Independent Monitors (hereinafter referred to as
Monitors) for this Pact in consultation with the Central Vigilance Commission.

a) Shri Sudesh Kumar, IRSEE (Retd.), C-902, classic Apartments, IRWO, Rail Vihar,
Phase-3, Sector-57, Gurgaon-122003.
b) Smt. A.P.Shrivastava, IRS (Retd.), 1004,B-1 Building, Bramha Emerald County,
Kause Baug, NIBM Road, Pune-411048.

8.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.

MULTI BRANDED FOOD COURT AUG-2017 58


8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the BUYER.

8.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the BUYER including that provided by the
BIDDER. The BIDDER will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractors. The Monitor shall be
under contractual obligation to treat the information and documents of the
BIDDER/Subcontractor(s) with confidentiality.

8.7 The BUYER will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provide such meetings could have an impact
on the contractual relations between the parties. The parties will offer to the Monitor
the option to participate in such meetings.

8.8 The Monitor will submit a written report to the designated Authority of
BUYER/Secretary in the Department and, should the occasion arise, submit
proposals for correcting problematic situations.

9. Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the
BUYER or its agencies shall be entitled to examine all the documents including the Books of
Accounts of the BIDDER and the BIDDER shall provide necessary information and documents in
English and shall extend all possible help for the purpose of such examination.

10. Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the
BUYER.

11. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may
follow in accordance with the provisions of the extant law in force relating to any civil or criminal
proceedings.

12. Validity

12.1 The validity of this Integrity Pact shall be from date of it signing and extend up to 5
years or the complete execution of the contract to the satisfaction of both the
BUYER and the BIDDER/Seller, including warranty period, whichever is later. In
case BIDDER is unsuccessful, this Integrity Pact shall expire after six months from
the date of the signing of the contract.
MULTI BRANDED FOOD COURT AUG-2017 59
12.2 Should one of several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intentions.

13. The parties hereby sign this Integrity Pact at New Delhi on DD : MM: 2017.

BUYER BIDDER

Raj Kumar Chand CHIEF EXECUTIVE OFFICER


DGM/LCS
IRCTC Ltd.

Witness Witness

1. Shri Manoranjan Dinkar, AM/LCS 1.

2. Shri Ashish Chauhan, Sr. SUP/LCS 2.

* Provisions of these clauses would need to be amended /deleted in line with the policy of the
BUYER in regard to involvement of Indian agents of foreign suppliers.

MULTI BRANDED FOOD COURT AUG-2017 60


Annexure – G
Draft Agreement

An agreement made this (Date) day of (Month), (Year) between the Indian Railway Catering and
Tourism Corporation Ltd. (IRCTC), having its Registered Office at 11th Floor, Statesman House,
148 Barakhamba Road, New Delhi, acting through (Designation) (herein after called “THE
LICENSOR”) which expression shall where the context so admits include its successor and assigns
of the ONE PART.
AND

M/s _______________ Acting through Shri __________, Partner/Proprietor/Director, (herein


after called “THE LICENSEE”) which expression shall where the context so admits include its
successor and assigns of the other part.

Whereas

(a) the Licensor has decided to award the licence, vide letter no. ________, to set up and operate
Multi Branded Food Court at (name of the Station) to the Licensee in pursuance of the
technical/financial bid dated _______submitted by the Licensee.
(a) the Licensee has accepted the award of licence and terms and conditions contained in the bid
document, vide letter no. _______.
(b) Copy of site plan measuring ____ sqmt. (approx.), as enclosed with tender conditions is
enclosed at Annexure-1.

Now this agreement witnesseth as follows:

1. This agreement comes into force from _________.

2.0 SCOPE OF WORK

IRCTC will provide space, on as is where is basis. The Licensee will have to construct the building
or renovate the space, as the case may be, in consonance with the existing building bylaws of the
State. The covered area will normally not exceed a specified limited fixed by IRCTC. The Licensee
will be responsible for operation (himself and/or by engaging service providers), maintenance,
marketing and management of the Multi Brand Food Court. A standard Multi Branded Food Court
will have the following characteristics:

2.1 General : The licensee may operate one or more unit in MBFC Complex.

The Multi Branded Food Court shall have following common


facilities:
 Common area for sitting and/or standing dining.
 Common wash room facility which would be separate for
ladies & gents.
 Drinking water / Water Cooler facility in common area.
 The Complex should necessarily be Air conditioned.
MULTI BRANDED FOOD COURT AUG-2017 61
2.2 Food segments : Following food segments/ outlets should necessarily be provided by
and desirable the licensee The preferred brands for each segments have been
brands mentioned below:

a) Italian Cuisine including Pizza, Pasta etc. : –


Dominoz, Pizzahut etc.

b) Chinese Cuisine including noodles, fried rice etc.


Yo China, Berco’s, Taste of China, Rice bowl etc.

c) American Cuisine including Burger, Hot Dog etc.


McDonalds, Burger King, KFC etc.

d) South Indian Cuisine:-


Sagar ratna, Saravana Bhavan, Adayar Ananda Bhavan, ,
Vaango, Dosa Plaza etc.

e) Ice-cream/shakes / Juices: -
Cream bell, Baskin Robbin, Giyanis,
Coco Berry, Amul, Vadilal, Kwality Walls, Gelato etc.

f) Coffee & Bakery items: -


Café Coffee Day, Barista, Starbucks etc.

g) Local Konkani Cuisine (Veg./Non.veg.)


May be operated by the licensee itself OR by some
reputed local Restaurant.

h) North Indian Cuisine (Thali, Chaat etc.)


Haldiram, Bikanerwala etc.

i) Non vegetarian cuisine like Biryani, Kebabs etc.


Paradise Biryani, Kebab Express etc.

2.3 Menu & Rate : Menu & Rate list as mutually agreed between service provider of
list branded outlets and the licensee. It will require approval by IRCTC.
It will not be revised more than 03 times in an year for each outlet.
Rates should not be higher than main open market rates. All
promotional scheme of the brands will be applicable in the Food
Court.
2.4 Common Area : The licensee shall be responsible for overall upkeep of the MBFC
complex including common area.
2.5 Service : Service provider is the entity who shall be setting up Branded Food
Provider. Outlet in MBFC Complex.

Copy of agreement between licensee and service provider has to be


submitted to IRCTC.

MULTI BRANDED FOOD COURT AUG-2017 62


2.6 Adequate : IRCTC will provide space on ‘as is where is basis’ and free from all
Infrastructure encumbrances to the Licensee on agreed annual licence fee along
with applicable taxes, the site plan and other details enclosed with
this tender document. The licensee will have to create requisite
infrastructure and equipment at their own cost under supervision of
IRCTC. Such infrastructure for production and distribution of
services should be suitable for ensuring satisfactory services and
handling of food under hygienic conditions.
Licensee will arrange all machinery & plants as well as equipment so
required for the preparation of food and beverages, complete fit-
outs and fixtures in the sitting /standing area and its maintenance
and upkeep etc.

IRCTC will not provide any infrastructural support to the Licensee.


However, if licensee so requests and, in case suitable additional space
in Railway premises is found feasible and if available, the same can
be given to the Licensee as per the prevailing instructions and rates
determined by IRCTC.
2.7 Construction of : Licensee will construct/renovate Multi Branded Food Multi Branded
Multi Branded Food Court as per building bye laws of the State and Railways.
Food Court Licensee should provide drainage facility in the Multi Branded Food
Court plan. IRCTC/Konkan Railway Corporation Ltd. (KRCL) will
approve the plans and specifications. Mezzanine floor wherever
feasible may be constructed by the Licensee with the approval of
IRCTC and Railways and subject to state bye-laws.
2.8 Dealing with : IRCTC will enter into an agreement only with the Licensee who will
Licensee Only be responsible for fulfillment of all licence conditions with IRCTC.
IRCTC shall not enter into any agreement or deal with in any
manner with any of the service provider(s). The Licensee will have to
make his own arrangements with the service provider and would be
responsible for their performance and conformity to the procedures,
rules etc.

2.9 Promotional : Promotional activities such as free gifts, joyride etc., within the Multi
activities Branded Food Court premises, can be undertaken by licensee, under
advise to IRCTC who reserves the right to approve/ disapprove any
such use.

2.10 Branded / : Licensee is authorized to sell branded items only. PAD items will be
PAD items sold at price not more than printed MRP and brands for PAD items
will be as per approved list of IRCTC/Railways.

Licensee shall submit the list of brands to be sold in the unit for the
information of IRCTC. However, IRCTC reserves the right to
specify the brands to be sold and such instructions shall be final and
binding.

MULTI BRANDED FOOD COURT AUG-2017 63


2.11 Ban on sale of : The following items shall not be sold in the Multi Branded Food
Items Court, namely – tobacco products, wine, beer or any other alcoholic
drinks or any other item prohibited by Law. Beef and Pork shall not
be used in any form in any food items.
2.12 Supply to : IRCTC shall reserve the right to fix the rates at which the Food
IRCTC/ items shall be supplied to Konkan Railway/IRCTC as and when
Railway units required and so demanded at transfer rates prescribed by IRCTC.
Present transfer rate to IRCTC/Railway is 60% for bulk meals and
75% of packed meal. The above % of transfer rates is subject to
change as advised by IRCTC.
2.13 Supply of food, : Platform vending is permitted through the Multi Branded Food
through Court, subject to Konkan Railway’s permission. Licensee will seek
platform approval from IRCTC in this regard.
vending
2.14 Supply of Rail : Sale of Rail Neer will be mandatory in all branded outlets. In absence
Neer (PDW) of availability of Rail neer brands approved by Konkan Railway be
supplied
2.15 ISO : Licensee will be required to get the unit ISO certified as per ISO
Certification & 22000:2005/HACCP or as amended from time to time, within one
FSSAI license year of operation of the unit and FSSAI license with in sixty days of
operation of the unit
2.16 Display of Rate : Licensee will display approved rate list behind the billing counters
List and other place so to display the rate list conspicuously

2.17 Centralized : For convenience of passengers Principle licensee may arrange for
billing system Prepaid rechargeable Card system redeemable at all outlets so as to
enable cashless transactions at each of the outlet of the unit.
However, billing may be done at Individual outlets. All billing should
be necessarily computerized . Electronic mode of payment like Debit
Card/Credit Card/ e-wallets should be readily acceptable.
2.18 Display of : IRCTC logo & brand name will be prominently displayed in
Brands adequate size at least four (04) locations by the licensee.

3.0 PERIOD OF LICENSE

3.1 Total tenure of License : Term of License for Multi Branded Food Court will be (9)
Nine years from the date of commissioning of the unit. There
will be no further extension/ renewal after expiry of
license.

4.0 FINANCIAL TERMS AND CONDITIONS

4.1 Payment of Licence : 50 % of annual licence fee of Rs.___________ and applicable


Fee taxes, shall be payable before the handing over of the site.
Remaining 50% of the annual licence fee with GST shall be
payable before the commissioning of the unit. The annual
licence fee including GST, for the second year shall be payable
MULTI BRANDED FOOD COURT AUG-2017 64
in advance before the commencement of second business
year. Similar payment cycle will be followed for each of the
subsequent year of service. However date of payment of
licence fee can be relaxed with the approval of
Director/IRCTC in view of site related conditions etc. on
receipt of report from Zonal Offices.
4.2 Assessment of Sales : IRCTC reserves the right to assess the sales turnover during
turnover the period of Licence. During such assessment, the Licence
fee will be calculated @ 12% of the assessed sales turnover or
the annual guaranteed Licence fee quoted by the successful
bidder, whichever is higher. The assessment of sale may be
done electronically or by deputing IRCTC officials
periodically.
4.3 Refund of Licence fee : In case of pre-mature termination of Licence due to any
reason, other than the default/act/omission of Licensee,
Licence fee will be refundable on pro-rata basis.
4.4 Security Deposit : Licensee has to pay security deposit of Rs.20,83,400/- along
with award of licence.

4.5 Refund of Security : The Security Deposit will be refunded without interest by the
Deposit IRCTC at the time of peaceful vacation of the Railway
premises by the Licensee after providing for settlement of all
dues or arrears arising out of the use of Railway premises by
the Licensee.

4.6 Maintenance of record : Licensee will be required to maintain proper record of daily
of gross sales turn sales to ascertain the Gross Sales Turnover (Including Tax)
over and make it available for inspection by IRCTC. The Licensee
shall maintain full records pertaining to the Multi Branded
Food Court (accounts, vouchers, bills etc.)
4.7 Interest on late : The delayed payments of Licence fee, without prejudice to any
payment other rights of the IRCTC will attract interest @ 18% per
annum calculated for the number of days of default.
4.8 Recovery of : IRCTC reserves the right to recover any outstanding dues
outstanding amount from the Licensee by adjusting the same against any
amount/security of the Licensee or any amount payable to the
Licensee either under this contract or any other contract.
4.9 Mode of payment : Licence fee, Security Deposit and any other dues shall be
payable through Demand Draft/Banker’s Cheque or Cheque
drawn at the City of respective Zonal Offices in favour of
IRCTC Ltd.
4.10 Annual returns : Licensee shall submit the annual returns of statutory taxes to
IRCTC. Annual audited accounts for the unit should also be
submitted every year on or before 30th September of the
following financial year.

MULTI BRANDED FOOD COURT AUG-2017 65


5.0 OBLIGATIONS AND RIGHTS OF LICENSEE

5.1 Construction of Multi : Licensee will construct the Multi Branded Food Court as per
Branded Food Court the approved plan within the area specified in bid documents
in accordance with applicable building bye laws. The plans will
be forwarded by IRCTC for approval by the respective
Railways. (part of Specifications and SOW)There should
generally be other facilities also like washrooms etc. The
Licensee would also be required to ensure the proper upkeep
and maintenance of premises. Licensee should provide
covered drainage facility in the Multi Branded Food Court and
maintain it regularly.
5.2 Waste disposal : The Licensee would have to arrange for adequate solid waste
disposal system for the Multi Branded Food Court. Licensee
will arrange collection of garbage after each service and its
proper disposal.
5.3 Engagement of : Licensee may engage service provider(s) a portion of the Multi
Service Provider Branded Food Court to any other food retailer as specified in
Scope of Work earlier for the purpose of expanding the food
variety for the customers. The selection of the service
provider would be as per the eligibility criteria laid out for
them. The selection / change of any service provider would
be permitted only after the approval of the IRCTC. IRCTC
will grant such approval in case the service provider fulfills the
following criterion laid down: -
 An individual or proprietorship/ reputed firm/company
in Catering / Hospitality business for handling Food &
Beverages.

 Minimum experience of five (3) years is mandatory in the


field of managing food and beverages operations either in
India or abroad.

 The Company/Organization should have an annual


turnover of a Minimum annual turnover from catering and
F&B business for the last completed financial year.

Category of Station Sales turnover per annum


A Rs.50.00 Crore

 The existing outlets of service provider should be available


for the inspection by IRCTC or its representatives.
 The service provider should have all statutory documents
such as PAN No., GST registration certificate etc.
5.4 Payment of other : Payment of water, electricity and other charges: Licensee
charges would pay the required charges for connection and utilization
of electricity, water consumption, conservancy and other
MULTI BRANDED FOOD COURT AUG-2017 66
applicable municipal and other taxes, if applicable, on actuals.
Licensee will assess the water consumption and electricity load
requirements for the Multi Branded Food Court and apply for
getting the same to concerned Railway authorities through
IRCTC. In case, the Railway express their inability to provide
the requisite electrical load /water quantity from their
installations, then Licensee shall be responsible for arranging
the electricity / water connection from state / local authorities
subject to clearance from Railway authorities.
In case of default, in payment of any dues, IRCTC reserves
the right to recover the pending amount by deducting it from
the Security Deposit/any other amount payable to the
Licensee. It will also charge an interest of 18% per annum for
the number of days in default until the balance pending
payments is cleared.
5.5 Maintenance of Multi : The Licensee would arrange for the Fit-outs or interiors of the
Branded Food Court Multi Branded Food Court as well as its regular maintenance.
The Licensee would arrange for the air-conditioning and
appropriate ventilation systems for the Multi Branded Food
Court. The appropriate power backup may be arranged by
the Licensee for the entire Multi Branded Food Court.
Painting and colour washing may be done at least once in a
year.
5.6 IRCTC Branding : Unit will be IRCTC-branded unit. The distribution of display
space on the Outer façade and other areas of the unit, will be
broadly as per in Annexure-2 or as amended by IRCTC from
time to time.
Display of brand by Licensee or its Service Providers shall not
be done without the prior approval of IRCTC.
5.7 Certificates/ : Licensee will obtain necessary certificates/permissions as
permissions required by law such as food License, test reports for various
food items etc. or as required as per the local regulations from
the competent authorities. In case of any offense on the
Licensed premises Licensee will be solely responsible for its
penalty and consequences.
5.8 Medical examination : Licensee shall have his staff examined on payment of
of staff prescribed fee by Railway medical officer or any other
competent authority designated by IRCTC and gets the
requisite certificate issued.
5.9 Display of rate list : The Licensee shall exhibit tariff and list of items to be sold,
prominently for the information of the customers at the Multi
Branded Food Court as have been agreed upon from time to
time by the IRCTC.
There should not be any cutting/overwriting on the rate
list/menu cards including pasting of stickers.

MULTI BRANDED FOOD COURT AUG-2017 67


5.10 Right of user’s only : The Licensee will operate the Multi Branded Food Court
during the term of License on which he would have no legal
claim other than that of a user. Premises shall be deemed to
be public premises as defined in the Public premises (Eviction
of Unauthorized Occupants) Act 1971 and any amendments
thereto.
5.11 Relation of Licensee’s : The employees, contractors, service providers etc. of the
labour Licensee will not be in any contractual relation either with the
IRCTC or the Indian Railways. If any case or proceedings are
instituted against IRCTC on account of non-compliance of
any statutory law or non-payment of any of the taxes, the
licensee agrees to pay to IRCTC, the cost imposed, if any, and
also the cost of litigation.
5.12 General liability of any : The Licensee will bear the cost, throughout the term of the
person License, for a comprehensive general liability insurance
covering injury to or death of any person(s) occurring in the
said premises, including death or injury caused by the
negligence of the Licensee or the Licensee’s failure to perform
its obligation under the agreement.
5.13 Inspection by : Licensee will also be obligated to get his premises inspected by
Food/Health Food/Health inspectors at regular intervals in addition to
Inspectors having a food License from concerned authorities. Licensee
will make available the premises for the inspection by the
IRCTC or any person so authorized by the IRCTC at any
time.

5.14 Compliance of Food : Licensee shall be responsible for the compliance of the
Safety and Standard provisions of Food Safety and Standard Act, 2006 or any
Act other amendments thereto.

5.15 Compliance of : Licensee will be responsible for compliance with applicable


statutory law laws such as GST Act., Sales Tax Law, Service Tax Law,
Provident Fund Law, Labour Law or any other law of the land
and registration/approval from statutory authority, if required.
If any case or proceedings are instituted against IRCTC on
account of non-compliance of any statutory law or non-
payment of any of the taxes, the licensee agrees to pay to
IRCTC, the cost imposed, if any, and also the cost of
litigation.
5.16 Use of standard : All food ingredients being used for preparation/service to the
products passengers shall conform to provisions of Food Safety and
Standard Act and all these items should have IRCTC’s
approval.

5.17 No unlawful/ illegal : Licensee shall not carry on any unlawful immoral or illegal
activity activity at the station.

MULTI BRANDED FOOD COURT AUG-2017 68


5.18 Provision of : The Licensee shall keep a suggestion/complaint book at a
suggestion book conspicuous place where the passengers can register their
suggestions/complaints without any difficulty. This suggestion
book shall be serially numbered and pre-authenticated by the
IRCTC.

5.19 No use of plastic : Normally Eco-friendly/bio-degradable packaging material


material should be used for supply of food items. If unavoidable, then
only food grade recyclable plastic may be used.
The Licensee will do garbage collection and disposal in a
satisfactory manner.
5.20 Provision of fire : The Licensee shall provide 2 Nos. of 4 kg capacity halon type
extinguishers fire extinguishers. Upkeep and maintenance of the fire
extinguishers shall be the responsibility of the licensee.
5.21 Fire Fighting training : All the staff deputed in the Multi Branded Food Court may be
trained in firefighting and a competent certificate issued by the
Competent Authority should be available in the Multi
Branded Food Court.
5.22 Standard of services : The Licensee is expected to provide good quality of food and
beverage in hygienic and presentable conditions. Maximum
retail price, manufacturing date, expiry date, batch no. etc.
should be printed on the packages.
5.23 Service wares etc. : Crockery, cutlery, napery and other service wares used in the
Multi Branded Food Court are required to be of good quality
as per industry norms. IRCTC may specify quality, colour
scheme and printing on the above material which will be
binding on the licensee. IRCTC reserves the right to prescribe
packaging conditions from time to time.
5.24 Staff : The staff to be deployed at station must be well groomed and
wear neat and clean uniforms with name badges. For
Supervisors, Service, Production and Support staff the design
and colour scheme should be different for easy identification.
The Licensee shall inform the pattern and style of uniforms to
be adopted for staff. IRCTC may specify design, pattern and
colour scheme for uniform of the staff at the unit. The
licensee will abide by such instructions.

Staff must be courteous and polite to every passenger at all


times. Staff must be trained in catering services and the
service should be of a high order. Prior approval of IRCTC
has to be obtained for the number of staff to be deployed in
the Multi Branded Food Court. Number of staff permitted in
each outlet will be in proportion to the activity of each sub-
unit.
5.25 Issue of proper bills : Licensee will install computerized billing system and issue
proper bills to the passengers for sale of all items as per agreed
rates.
MULTI BRANDED FOOD COURT AUG-2017 69
5.26 Installation of AVMs : Licensee shall be allowed to install automatic vending
machines (AVM) of reputed company for hot and cold
beverages (within the unit allotted). The Licensee shall pay
usual electricity/water charges.

5.27 Reg. provision of gas : The gas burners/cooking ranges should be ISI approved and
burners/cylinders etc. covered by a suitable maintenance contract by the Licensee.
The safe working of equipment and adherence to the
regulations should be certified by an authorized oil agencies.

5.28 Provision of catering : The Licensee will be required to provide catering services on
services in emergent demand to Railway personnel and passengers in case of
situations emergencies, accidents, and restoration. Payments will be made
subsequently on presentation of bills.

5.29 Cleaning of utensils : The Licensee shall ensure that utensils, crockery etc. are
washed and cleaned with clean water and standard quality
detergent/soaps. Recycling dirty water for cleaning shall not be
allowed.

5.30 Damage to KRCL : The Licensee shall be responsible for all damages caused to the
premises KRCL premises arising out of facts of omission and
commission of their staff.

5.31 Licensee to provide : The Licensee shall undertake to render any other service as
other services may be required of him by the IRCTC on mutually acceptable
terms.

5.32 Cancellation/ : In case the cancellation/withdrawal/non-operation of the


withdrawal/ non- catering services at station is for a period of 30 days or more,
operation of catering the agreement will be in abeyance. The tenure of the
service agreement will be extended by corresponding period at the
restoration of catering services.

5.33 Handing over of : Upon the expiration of this agreement or its earlier termination
premises in accordance with the terms, conditions, obligations hereof
the Licensee shall remove themselves from the said Railway
premises together with all his belongings and effects and shall
deliver vacant possession of the premises to the
IRCTC/Railways with the IRCTC/Railways’ fixtures and
effects therein in good condition.

5.34 Use of containers only : Staff of the Licensee shall not carry any food item in their
pockets/card boxes/mineral water cartons etc. and only food
grade container should be used for this purposes.

5.35 Use of gloves : Waiters should service with disposable food grade gloves.

MULTI BRANDED FOOD COURT AUG-2017 70


5.36 High Standard of : Staff at various levels should be extensively trained in customer
service care and in providing good quality service.

5.37 Enquiry into the : “The Licensee shall not in any capacity employ any person of
antecedents of the bad character or any person, whose antecedents have not been
employees investigated / certified by the Police Authorities / MP /
MLA/ MLC/Councilor /1st Class Magistrate and shall issue an
appointment certificate (signed by the Licensee) – which shall
contain a photograph of the employed with his or her
left/right hand thumb impression affixed thereon in Printer’s
ink which he will carry with him/her while on duty. The
expenses for such verification are to be borne by the
Licensee.”

6.0 OBLIGATION AND RIGHTS OF THE IRCTC

6.1 Issue of medical : IRCTC will assist licensee for issuance of medical certificates to
Certificate the staff of the Licensee.
6.2 Inspection by IRCTC : IRCTC will inspect/check the services for reviewing its
standards, quality and variety of food items, standards for
maintenance of cooking areas and washing areas, disposal
systems etc. of the Licensee at any time and may authorize any
person or agency for this purpose to access the performance of
Licensee. In case of unsatisfactory performance or complaint of
any nature, IRCTC will be competent to initiate suitable action
against the Licensee including termination of the License as per
the terms and conditions of the agreement.
6.3 Right to resume the : The IRCTC/Railway administration reserves the right to resume
possession of the possession of the leased premises, if required for the purpose of
premises working of the Railway.
6.4 Provision of space on : IRCTC will provide spaces as earmarked by Railways on “As is
as is where is basis where is basis” to the licensee on lease and license basis. The
locations earmarked may be open spaces or spaces with old
building structure. Such locations will be handed over in the
same condition and no further alterations/demolitions of the
old structure building will be carried out by IRCTC/Railways.”

6.5 Electricity and Water : IRCTC will assist in getting the electricity connection/access,
Connection power sanction, water connection/access, etc. from the Railways
or other authorities.
6.6 Payment of property : The Licensor shall at all times bear property Tax with respect to
tax the Multi Branded Food Court as may be demanded by any
competent/local authority.
6.7 Quality Monitoring : IRCTC will monitor the quality of the food items by conducting
System regular inspections, taking independent users feedback.
Fines/Penalties will be imposed suitably if the quality of the
food is not maintained by the Licensee.

MULTI BRANDED FOOD COURT AUG-2017 71


IRCTC will issue guidelines/circulars on the quality monitoring
system and Licensee should follow them to maintain high quality
of food.
6.8 Third Party food audit : IRCTC will conduct Food Audit on its own or by professional
agency to conduct inspection and food audit of the premises.
The recommendations of the agency as accepted and advised by
IRCTC or its representatives must be complied with by the
Licensee.
6.9 In-House Audit : Regular in-house food audit, by Licensee, will be undertaken by
trained staff once in six months and items will be recorded and
advised for compliance.

7.0 CONDITIONS GOVERNING THE PREFORMANCE OF THE LICENSE

7.1 Submission and : (a) Licensee shall submit preliminary plans, specifications
approval of plans and tentative time schedule for commissioning of Multi
Branded Food Court to IRCTC, through an
experienced architect within 30 days from the date of
remittance of security deposit or as advised by IRCTC.

(b)The IRCTC logo/brand name shall also be included in


the signage plan for prominent display IRCTC duly
abiding by the directives regarding space distribution
between IRCTC and Licensee as envisaged in
Annexure-2 or as amended by IRCTC.

(c)Mezzanine floor wherever feasible may be constructed


by the licensee with the approval of IRCTC and
Railways and subject to state bye-laws.

(d)IRCTC would analyze the preliminary plans,


completion schedule and specification and advise
changes, if any to the licensee within 10 days of its
submission by the Licensee.

(e)On advice of changes by IRCTC, if any, to be made in


the preliminary plans, the Licensee would submit the
detailed plans, through the architect incorporating the
necessary comments, changes, and modifications, as
suggested by IRCTC within 15 days of the approval.

(f)The detailed plans shall include civil layout plans of all


floors, elevations, sections and interior plans showing
layout of furniture’s, kitchen area, sitting area, washing
area etc. The 3-D views of external facade shall also be
submitted, which should be in harmony with the style
and architecture of the main building.

MULTI BRANDED FOOD COURT AUG-2017 72


GGM will approve the plans ensuring the appropriate
branding of IRCTC in the Multi Branded Food Court.

(g)IRCTC would forward the same to respective


departments of Railways and in consultation with
concerned zonal Railway would obtain the final
approval of Railways. Alterations / modifications made
by the Railways shall be binding on the Licensee and
decision of the Railway / IRCTC shall be final.

(h)Giving possession of site shall be subject to payment


of annual license fee for the first year in advance and in
case of existing licensee, this shall also be subject to
clearance of outstanding and payable against
IRCTC/Railways.
7.2 Free time for : The Licensee would be allowed 120 days to commission the
construction Multi Branded Food Court for closed sites within the
station building and 180 days for open to sky sites after
getting the final approvals or possession of the premises,
from IRCTC/Railways, whichever is later. Payment of
License fee (Pro-rata) will start after 120/ 180 days, as the
case may be, of approvals of plans and handing over the
premises to the Licensee or the date of commissioning of
Multi Branded Food Court whichever is earlier. In case
licensee takes additional time than the above specified free
time, he will submit written explanation giving detailed
reasons for taking additional time. IRCTC will consider
licensee’s representation and take suitable decision to levy
pro-rata licence fee or otherwise for additional time.

In addition to levy of pro-rata licence fee, IRCTC may


impose penalty @ 0.5% of annual license fee subject to
maximum of Rs. 25,000/- for A category stations per week
for delay in commencement with the approval of Director.

In case of non-handing over of site, due to administrative


reasons, within period of one year from the submission of
final plans to IRCTC, licensee may give written request to
withdraw from licence. IRCTC may accept licensee’s
request for withdrawal along with refund of security
deposit.

IRCTC’s decision shall be final and binding.

7.3 Failure to commission : In the event of failure to commission the Multi Branded
the Multi Branded Food Food Court, the Licensee will have to provide a written
Court explanation within a week to the IRCTC. In case IRCTC
considers the explanation to be unsatisfactory, it reserves
MULTI BRANDED FOOD COURT AUG-2017 73
the right to annul the License and forfeit the security
deposit. The decision of IRCTC’s will be final and binding
in this regard.
7.4 Alteration/renovation of : The Licensee will be allowed to carry out any alteration or
the Multi Branded Food renovation in the Multi Branded Food Court. For all these
Court actions the Licensee will have to take prior approval of the
IRCTC or the designated authorities.
7.5 Failure to deposit : Licensee is required to deposit annual License Fee as
License fee enumerated herein above, , failing which IRCTC may take
necessary action to recover the dues including termination
of licence, IRCTC will charge interest at the rate 18% per
annum calculated for the number of days of default.
7.6 Liability of IRCTC : The IRCTC will not be liable for any liability arising under
the labour laws or any other law of the land, incurred by the
Licensee.
7.7 Entitlement of : In case the Licensee suffers any loss on account of his
compensation being restrained by the IRCTC or any competent authority
for indulging in illegal activities or any contravention of any
law, he shall not be entitled to any compensation
whatsoever.
7.8 Indemnification by : The Licensee will indemnify the IRCTC/Railway
Licensee administration for any loss or damage caused by Licensee
because of his fault or default.
7.9 Verbal or written : Excerpt as here by otherwise provided any verbal or written
arrangements other than arrangements abandoning varying or supplementing this
the agreement agreement or any of the terms hereof shall be deemed
conditional and shall not be binding on the IRCTC unless
until the same is endorsed on the agreement or
incorporated in a formal instrument and signed by the
party(s).
7.10 Presence of Licensee/ : The Licensee or a duly authorized and competent Manager
authorized Manager appointed and paid by the Licensee shall remain present in
person to manage or supervise the business to be carried on
under the provision of this agreement and to ensure that
the obligations of Licensee under the agreement are duly
performed and observed. In addition, Licensee or a duly
authorized and competent Manager appointed and paid by
the Licensee shall remain available at the Multi Branded
Food Court for ease of administration of performance of
license to the satisfaction of the licensor. The name(s) of
the Manager will be advised by the Licensee to the IRCTC
from time to time.
7.11 Unsatisfactory services : In the event of unsatisfactory service, poor quality of
etc. articles, persistent complaints from passengers, and services
below the standard or any failure or default at any time on
the part of the Licensee to carry out the terms and
provisions of the agreement to the satisfaction of the
IRCTC (who will be sole judge and whose decision shall be
MULTI BRANDED FOOD COURT AUG-2017 74
final), and will take necessary action against the licensee
including imposition of penalty and it shall be optional to
the IRCTC to make any substitute arrangement it may
deem necessary at the cost and risk of the Licensee or to
forthwith terminate this agreement without any previous
notice to the Licensee and in case of such termination the
Security Deposit shall be forfeited by the IRCTC and the
Licensee shall have no claim what so ever against IRCTC or
any of the officials in consequence of such termination of
the agreement. No refund of proportionate License Fee
shall be admissible in case of Termination under this clause.
The Licensee agrees to make good all cost and expenses, if
any incurred by the IRCTC for making the substitute
arrangements referred to above. The License shall be also
be debarred from participating in the future projects of
IRCTC for a period of one year.
7.12 a) Consequence to the : a. If the Licensee is a partnership firm and in case there is
death / severance of permissible clause in the constitution of the firm that the
any partner/s (in case firm shall not be dissolved by reason of the death of one
of partnership firm). partner or the severance of any partner from the business
of the firm and in case the performance of the Licensee is
entirely satisfactory according to the assessment of the
licensor then in such an event the licensor at its discretion
may allow the Licensee to continue under the agreement

b) In the event of death b. Transfer of licence to the spouse/legal heir would be


of original licensee. allowed only in the event of death of the original licensee.
The licence can be transferred in the name of spouse/legal
heir for the unexpired period of the agreement only, with
personal approval of the CMD, IRCTC. Nomination of
the legal heir should be submitted by the licence holder at
the time of entering into agreement. The nomination
should be only from amongst the family members.

7.13 Liability for provision of : The Licensee accepts liability, civil and criminal for
Consumer Protection compensation/damages in accordance with provision of
Act. Consumer Protection Act or any statutory modification of
the Act or any other law for the time being in force for
action occasioned by negligence, deficiency of service,
imperfect or improper performance by the Licensee, his
workmen, servants and agents. The Licensee shall
indemnify the licensor and Railway administration from and
against all payments made under the provision of the said
Act or law including all costs, litigation costs etc. Any
money which may become payable by the Licensor as
aforesaid shall be deemed to be money payable to the
licensor by the Licensee and in case of failure by the
Licensee to repay the licensor any money paid by it as
aforesaid within seven days after the same have been
MULTI BRANDED FOOD COURT AUG-2017 75
demanded by the licensor shall be entitled to recover the
same from the Security Deposit or from any money due by
the licensor to the Licensee.

7.14 Notice to the Licensee : Any notice in terms of this License by either Party will be
given at the address stated herein above by
Courier/Registered AD Post unless a different address has
been intimated in writing against receipt. Upon the receipt
of any other notice order, direction or any other
communication from any competent authority (including
notices, affecting the rates, taxes or other outgoings) in
respect of this licence , the other Party shall immediately
deliver a copy of the necessary document, to that Party.

Subject to as otherwise provided in this agreement, all


notices to be given on behalf of licensor and all other
actions to be taken by the licensor may be given or taken on
behalf of the licensor by the Dy. General Manager or any
other officer for the time being entrusted with such
functions, duties and powers by the licensor.

8.0 EXIT CLAUSE

8.1 Lock-in period : The Licensee may exit the business after lock-in-period of
four years after commissioning of the unit if in his view the
same is not commercially viable or operationally feasible.

8.2 Procedure for exit : The Licensee shall be required to communicate its/ his
intention of exiting from the Licence in writing by providing a
minimum of six months notice to IRCTC. IRCTC in the
meanwhile initiate the process of fixing up a new Licensee for
Multi Branded Food Court.
8.3 Forfeiture of Security : In case of an exit under clause 8.1 security deposit of the
Deposit Licensee will be refunded by IRCTC.

9.0 EVENTS OF DEFAULT

9.1 Breach of any terms and : In the event of any breach of the said terms and conditions of
conditions of the the License, the IRCTC reserves the right to impose penalties
License and will be entitled to forfeit the whole or the part of the
Security Deposit/License fee besides terminating or revoking
the License and debarring the Licensee from participating in
the future projects of IRCTC for a period of one year. The
decision of IRCTC in this regard shall be final and binding.
9.2 Termination of License : The licensor shall also be entitled at any time forthwith to
on other events of terminate the License without notice in any of the following
default events:
MULTI BRANDED FOOD COURT AUG-2017 76
a) In the event of the Licensee being convicted by a court
of law under the provisions of criminal procedure code
or any other law.
b) In the event of the Licensee being a proprietor or, if a
firm, any partner in the Licensee firm being at any time
be adjudged insolvent or a receiving order or order for
administration of his estate made against him or shall
take any proceeding for liquidation or composition
under any Insolvency Act for the time being in force or
make any conveyance or assignment of his interest or
enter into any agreement or composition with his
creditors for suspended payment, or if the firm be
dissolved under the partnership Act or, in the event of
Licensee being a company, if the company shall pass
any resolution to be wound up either compulsorily or
voluntarily.
c) Repudiation of agreement by Licensee or otherwise
evidence of intention not to be bound by the
agreement.
d) Failure to adhere to any of the due dates of payment
specified in the terms and conditions. Immediately on
the determination of this agreement the Licensee shall
peacefully vacate the premises and hand over to the
licensor/Railway administration all articles in the
custody or possession of the Licensee and shall remove
all his stores and effects from the said premises.
e) In default the licensor shall be entitled to enter and take
possession of the said premises and to lock up the
same or remove the furniture or other articles of the
Licensee that may be lying there and to dispose of the
same by sale or otherwise without being liable, for any
damage, and all expenses incurred in connection
therewith, shall be deducted by the licensor from the
sale proceeds or from the Security Deposit or pending
bills of the Licensee.
9.3 Failure to provide any : IRCTC at their discretion may call for any record to satisfy
record to IRCTC them regarding operation of the License and Licensee will
provide every help failing which it may amount to breach of
condition of the Licensee. All communications /information
received/required by IRCTC must be furnished by the
Contractor/license within 15 days failing which suitable penalty
including termination of the Contract can be done at the
discretion of IRCTC.
9.4 Compliance for the : Recurring instances of failure to rectify the deficiencies noticed
inspection reports / during inspections and highlighted through complaints shall
Complaints invite imposition of penalty and/or termination of license.

MULTI BRANDED FOOD COURT AUG-2017 77


10.0 CONSEQUENCES OF DEFAULT

10.1 Notice for termination : In case of any event of default mentioned in the agreement
having occurred, it shall be lawful for the IRCTC any time
thereafter to impose penalty and/or terminate the License
agreement and forfeit the Security Deposit, SUBJECT
HOWEVER to the IRCTC having given to the Licensee
fifteen (15) days prior notice in writing to remedy or make
good such breach and in spite of such notice the Licensee
having failed to remedy the breach. Upon termination of this
License agreement as aforesaid, the Licensee shall deliver
vacant and peaceful possession of the premises to the
IRCTC/Railways. The License shall be also be debarred from
participating in the future projects of IRCTC for a period of
one year. The decision of IRCTC in this regard shall be final
and binding.
11.0 ARBITRATION

a. In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract or the respective right and liability of the
parties on any matter in question, with reference to the contract, the Parties agree to use
their best efforts to attempt to resolve all disputes in prompt, equitable and good faith .
In the event the Parties are unable to do so, such party may submit demand in writing
for reference of dispute to arbitration as prescribed herein.

b. The parties hereto further agree to waive off the applicability of sub-section 12 (5) of
Arbitration and Conciliation (Amendment) Act 2015 and will submit demand in writing
that the dispute/differences be referred to arbitration along with format annexed hereto
as Annexure-H. The demand for arbitration shall specified the matters which are in
question, or subject of dispute or differences as also the amount of claim item wise.

c. Only such dispute or differences, in respect of which the demand has been made,
together with counter claims of setoff given by IRCTC shall be referred to arbitration
and other matters shall not included in the reference.

d. In the event of demand made as mention herein above, such dispute or difference
arising under any of these conditions or in connection with this contract (except as to
any matters the decision of which is specially provided by these or the special
conditions) shall be referred to Sole Arbitrator from the panel of Arbitrators appointed
by Chairman and Managing Director of IRCTC. The award of arbitrator shall be final
and binding on the parties to this contract. The venue of the Arbitration shall be at
New Delhi. The fees and expenses of the Arbitration tribunal and all other expenses
of the Arbitration shall be borne jointly by the Parties in equal proportion subject to
determination by the Arbitration tribunal.

MULTI BRANDED FOOD COURT AUG-2017 78


Annexure- H

Agreement towards Waiver under Section 12(5) and Section 31-A (5) of Arbitration and
Conciliation (Amendment) Act

I/we..................................................(Name of agency/contractor) with reference to agreement


dated..................................raise disputes as to the construction and operation of this contract,
and demand arbitration in respect of following claims:

Brief of claim:

Claim 1- Detailed at Annexure-


Claim 2- Detailed at Annexure-
Claim 3- Detailed at Annexure-

I/we.................................. do agree to waive of applicability of Section 12(5) of Arbitration and


Conciliation (Amendment) Act.

Signature of Claimant...................... Signature of Respondent.............

I/we.................(Name of Claimant) with reference to agreement dated............... hereby waive of


applicability of subsection 31A (2) to 31A (4) of Arbitration and Conciliation (Amendment)
Act. We further agree that cost of arbitration will be shared by the parties in terms of Arbitration
clause of the agreement.

Signature of Claimant...................... Signature of Respondent.............

MULTI BRANDED FOOD COURT AUG-2017 79


12.0 OTHER CONDITIONS

12.1 Storage, handling of : The storage, handling of raw materials and finished products
food items will be in extreme hygienic conditions and as per acceptable
norms of the industry. Such storage, handling of raw material
and finish products shall be certified as per norms of the
industry and its standards. The scrutiny in this regard by
quality checks agencies standards to be set by IRCTC need to
be followed.
12.2 Collection of food : IRCTC reserves the right to get the food samples / raw
samples material collected and tested at approved laboratories at the
cost of the Licensee.
12.3 Advertisement/ : The Licensee will not engage in or permit any
Publicity/ advertisement/publicity/sponsorship of any brand or
Sponsorship product, directly or indirectly, without prior approval of
IRCTC.
12.4 Payment of : The Licensee will be liable for payment of all taxes/duties and
taxes/dues other liabilities in respect of the business.
12.5 Liability for : The Licensee shall accept liability for compensation/damages
compensation/ under the Consumer Protection Act or any other law in
damages respect of performance of the services or in respect of any
negligence, act/omission of the Licensee, his workmen,
servants and agents.
12.6 Observance and : The licensee shall, at all times indemnify the IRCTC against all
performance certain claims and penalties which may be suffered by IRCTC or any
acts person employed by them by reason of any default on the part
of the licence in due observance and performance of
provision of:
 Workmen’s Compensation Act –1923
 Employment of Children’s Act XXVI of 1938 and
 Any other relevant laws
12.7 Assignment of : Licensee shall not, without the prior consent of the IRCTC,
License assign the License or any part thereof, or any benefit or
interest therein or there under.
12.8 Compliance of : The Licensee shall comply with any other instructions issued
instructions by IRCTC from time to time within a reasonable time, as may
be necessary to ensure better services.
12.9 Quality/make/source : IRCTC may specify quality/make/source of Packaged
of Packaged drinking water/IRCTC Branded Fruit Drink to be sold by the
Drinking Licensee. The Licensee shall accept IRCTC’s directions in this
Water/Fruit Drink regard.
12.10 Disposal of seized : The Licensee shall not sell the items other than those
unauthorized items approved by IRCTC. Sale of unauthorized items if detected in
contravention to approved items, the licensor or its / his
authorized representative / official may seize such items and
the unauthorized seized items shall be disposed off as per
policy of IRCTC in addition to any penalty to be imposed for
this / such contravention.
MULTI BRANDED FOOD COURT AUG-2017 80
12.11 General : The licensor reserves the right to amend any of the clauses of
the agreement and also to add fresh clauses from time to time.
The rider agreement in this regard shall be executed between
the parties within 15 days of the amendment / changes.
Further, IRCTC reserves the right to extend or reduce the
stipulated clause in the tender/License conditions herein
above, in order to meet operational exigencies. The decision
of Chairman and Managing Director of IRCTC in this regard
will be final.
12.12 Check List and Check List for Facilities / Requirements at Multi Branded
Hygiene & quality Food Court is attached as Annecure-3.
parameters
Hygiene and quality parameters for kitchen, food handling,
cleanliness, packaging, etc. is attached at Annexure-4.

13.0 FORCE MAJEURE

In the event of any unforeseen event directly interfering with the operation of License arising during
the currency of the License agreement; such as war, insurrection, restraint imposed by the
Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of
public enemy, acts of God, sabotage; the Licensee shall, within a week from the commencement
thereof, notify the same in writing to the Licensor with reasonable evidence thereof. The Multi
Branded Food Court shall be restored as expeditiously as possible or, as the case may be, the
impediment to accessibility shall be removed as expeditiously as possible. If the Said Property
cannot be rendered fit for occupation and use for more than thirty days, the Licensee shall not pay
License Fee for such period till the said property becomes accessible and operational following
cessation of force majeure event mentioned above. The period of License will be further extended
for the period during which License was not operational.

MULTI BRANDED FOOD COURT AUG-2017 81


Annexure-1
Copy of Site / Sketch Plan of Multi Branded Food Court at Station

MULTI BRANDED FOOD COURT AUG-2017 82


Annexure-2
DISTRIBUTION OF DISPLAY SPACE ON THE OUTER FAÇADE AND OTHER
AREAS

MULTI BRANDED FOOD COURT AUG-2017 83


Annexure-3
Check List - Facilities / Requirements at Multi Branded Food Multi Branded Food Court

SN Particulars
1. Air curtains at entrances / Exits
2. DG Sets for power back up facility
3. Appropriate lighting in and around the Multi Branded Food Court.
4. Tiled / Marble / wooden flooring easy for cleaning and maintenance.
5. Appropriate interior / exterior wall finishing.
6. Wooden partitions/ Cabins / Wooden stairs / false ceiling / Modern art paintings
7. Transparent glass partitioned pantry area.
8. Insects, flies catchers / Illuminated lights / neon signages.
9. Provision for fire safety measures with appropriate placement of fire extinguishers.
10. Common or Independent Gas Bank’s certified by authorized agencies of oil companies
Change room for the staff with toilet facilities without direct access from within the Multi
11.
Branded Food Court.
12. Display of IRCTC logo and brand name along with the brand name of the licensee.
13. Independent waste / garbage disposal system.
14. Deputing security personnel / Electronic security alarm systems
15. Periodical Pest control systems and installation of insectocutors.
Installation of ISI approved fittings, equipments with AMC (Annual Maintenance
16.
Contracts).
17. Deployment of qualified personnel for supervision
High standard of personalized service with neat uniform, Aprons, Chef caps, hand gloves
18.
with high personal hygiene standards.
Cold Rooms / Store and deep freezer with aluminum / steel shelves for storage of Veg. &
19.
Non-veg. items separately.
Dry Store for storage of Non-perishables with aluminum / wooden shelves separately for
20.
veg. / Non-Veg items.
Modern kitchens with steam boilers / detachable steel grill sinks / Deep freezers /
Refrigerators / Bottle coolers / Hot cases / Dispensers / Modern dough kneading
21. machines. Use of modern electronic gadgets for cooking (Ovens, Micro ovens,
Salamanders, Deep fat fryers , Grillers , Vegetable Peeling / Slicing Machines, Vacuum
cleaners etc.,)
Graphical display of do’s & don’ts to the staff on hygiene, sanitation , storage , food
22.
handling etc.,
Filtered water supply (Hot & Cold) usage for cooking purposes. Use of Stainless steel
23.
vessels, utensils, containers used for cooking purposes.
24. Pot wash area with supply of Hot & Cold water for cleaning of utensils.
25. Use of disposable dustbin covers of appropriate sizes.
26. System of simultaneous cleaning schedules along with the production process.
27. Stainless steel work tables, trolleys, shelves, Sinks etc.,
28. Standardized packing systems at appropriate quantities with approved packing material.
29. System of weighing, measuring, sealing, marking etc., on the packing area.
Use of Trolleys with appropriate sizes and capacity for transportation to storage and
30.
delivery area.
MULTI BRANDED FOOD COURT AUG-2017 84
31. Temperature control Mechanism for packing area.
32. Air conditioning of all outlets.
33. Use of updated Menu cards without correction.
34. Use of bio-degradable disposables/eco-friendly food grade material for packaging .
35. Provision for Complaint / Suggestion book supplied by IRCTC
36. System of obtaining minimum 500 feed back in 6 months from guests / passengers
37. Networked computerized billing.
Provision for safe drinking water confirming to the standards stipulated by BIS from time
38.
to time/ water filters.
Hand wash basins with provision for liquid soaps and hand drier. Separate wash room
39.
facilities for Gents & Ladies.
40. Facilities for differently abled.

Note: - Above are mandatory provisions, however, these can be relaxed depending on
requirements, site conditions etc.

MULTI BRANDED FOOD COURT AUG-2017 85


Annexure-‘4’

HYGIENE AND QUALITY PARAMETERS FOR KITCHEN, FOOD HANDLING,


CLEANLINESS, PACKAGING, ETC.

The manual on quality for food and personal hygiene will define good hygiene practices to be
followed in base kitchens, Multi Branded Food Court, Fast Food Units, food handling, in Mobile
Pantry cars, and catering services at stations. All personnel should be aware of their food and
personal hygiene responsibilities, and must have adequate training to maintain the highest standards
of food and personal hygiene.

Hazard Analysis Critical Control Point, HACCP, is a food handling and operation approach which
promotes food safety by identifying food hazards and applying and monitoring necessary control
measures at points critical to safety.

The HACCP approach is being actively encouraged for ensuring food hygiene. It is necessary to
maintain high level of cleanliness within the food premises (where food is stored, prepared and
processed) and to ensure that prepared and raw food is kept separate.

1. PURCHASES AND PROCUREMENT OF RAW MATERIAL

 The production of high quality safe food can only be achieved if you utilize sound raw
ingredients that are free from contamination.

 The first measure to prevent hazards is to buy from reputable suppliers.

 In respect of temperature-controlled deliveries, the temperature required on delivery should


be specified to the supplier.

 All raw materials should be received in storeroom, which should be separate from the food
preparation area. Timings of receipt from different vendors be fixed to allow adequate
quality check time. Temperature audit during receipt for perishables must be implemented
as these affect the shelf life during storage as well as the end product.
 All items must be coded with receipt and use by date to allow maintenance of FIFO (First in
First Out). This ensures safe consumption time slots, appropriate quality maintenance and
product integrity.
 Examine and categorize each lot for degree of ripeness and maturity in case of fresh fruit
and vegetables. Each category be stocked separately to understand the stocks and indenting
for fresh supplies. This restricts wastage.
 Examine the freshness of vegetable by colour, firmness of flesh and odor for fresh meat and
fish.
 The presence of dust and foreign material like stones, hairs, nuts, bolts, wires, staples,
feathers, rat droppings, papers, cigarette ends, earrings, fingernails, buttons, pen tops should
be seen and removed.

MULTI BRANDED FOOD COURT AUG-2017 86


 Canned food should have date of manufacture, expiry date and other specifications as given
on the packaging.

 All perishables should be used within a short time especially in hot weather.

2. DELIVERY AREA

 Food will not be left open to possible contamination. Arrangements will be made to ensure
that food delivery is made in secure areas free from all risks.

 Food will be placed 18 inches above the ground, in an area free from contamination.

3. RECEIPT OF GOODS AND STORAGE OF GOODS

 Paper towels should be used for wiping crockery and dishes.

 The entire facility, including the floors, walls, ceilings, windows, screens, doors etc. must be
cleaned at regular intervals to prevent any accumulation of rubbish.

 All food contact surfaces should be cleaned and sanitized after every use.

 All fans and blowers of coolers, freezers, kitchen and storage areas must be regularly cleaned
to prevent build up of any debris and contamination.

 The production area must be thoroughly cleaned at least twice in every 24 hours. The
recommended cleaning procedure is a wet wash.

 Drains should not get clogged which leads to foul smelling organic matter.

 Remove all waste material deposited on the grates and shelves. This will keep drains from
clogging and emitting foul smell.

 All kitchen equipment must be disassembled, washed and sanitized after use. Ongoing
cleaning must be carried while production is on. This includes frequent removal of garbage
in linings for uninterrupted production.

 No smoking or pan or tobacco chewing should be allowed in the premises.

 No cobwebs or dust should gather on walls, windows, doors and skylights.

 Maintain weekly schedule for thorough cleaning. Nominate a day for the purpose and
display it prominently.

 Leftover food items should be condemned as per rules and schedule of powers.

MULTI BRANDED FOOD COURT AUG-2017 87


 Before storage all store items should be cleaned so as to remove external and solid
contamination.

 Insects and other foreign materials like dust, hairs, etc. from cereals, pulses, etc. should be
removed before washing.

 Dry stores should be stored in airy rooms, and there should be no dampness. Keep some
space off from the walls and floors to enable regular cleaning. Do not use damaged, rusty or
dented cans for storage. All storage cans should have proper covers.

 Store food material at proper temperature to prevent growth of bacteria, the most common
contaminating agent. Stop contamination, multiplication of bacteria and food poisoning.
Generally most bacteria inactivate at freezing point i.e. zero degree and below. Between 1.7
and 1.4 degree Celsius they start becoming active but grow slowly. As the temperature rises,
they grow faster. Keep food at following recommended temperatures:

 Food Items  Temperature Range


 (Degree Celsius)
 Frozen  -20 to –10.0
 Fish and sea food  -5.0 to -1.0
 Meat  0.5 to 3.30
 Milk and milk products  3.30 to 7.5
 Fruits and vegetables  5.0 to 7.0
 Eggs  7.0 to 10.0
 Canned foods  10.0 to 20.0
 Any dry stores like cereals, etc.  15.0 to 20.0

 Deliveries of food items will be accepted only by a person authorized to do so and who will
check:

 If the foods are substandard the authorized person will ensure the following action:

 When goods are found contaminated on arrival. The goods will be stored separately until
inspected and it will be the responsibility of the Manager to notify the supplier;

 Dry goods will not be placed into store until they have been checked for pest damage or
infestation.

 Scales will be thoroughly cleaned between the weighing of different goods, especially raw
products. Separate scales will be provided for raw meat and high-risk foods, each clearly
marked for intended use.

 Containers used for the receipt, storage or distribution of goods will be kept scrupulously
clean and dry.

MULTI BRANDED FOOD COURT AUG-2017 88


 Steps will be taken to ensure that cross-contamination does not occur during delivery, stock
rotation and storage.

 New stock will be placed behind/beneath older stock in store or refrigeration, subject to
date coding.

 Stock will be stored off the floor on racks. Racks of adequate capacity will be provided for
this purpose.

 Bare wood will not be used for storage

 All opened dry food products and those in inadequate packaging will be stored in pest proof
containers that will be maintained scrupulously clean.

 Cleaning chemicals and materials will never be stored with or in close proximity to food or
food equipment.

 Storage containers will be washed clean when empty and allowed to dry. Goods stored in
bins will be allowed to run down completely at least weekly, to facilitate regular cleaning.

4. STORAGE OF CERTAIN FOODS

Storage of Bread:

a) To be kept in a cool, well-ventilated storage area to arrest mould formation.

Storage of Canned Foods:

a) To be inspected regularly to ensure that those which are “blown”, badly dented,
seam damaged or rusty are not used.

Storage of Flour and Cereals:


a) To store sacks of flour and cereals off the floor in a damp-free environment and inspect
them regularly for signs of contamination and infestation.
b) After opening, to store the goods in containers with tight fitting lids. Record the “best
before” date sequence.
c) To thoroughly clean and dry the containers each time they are emptied.

Storage of Fresh Fruit and Vegetables:

To store them in a dry, cool and well ventilated area, away from other foods. Goods will be
inspected daily and any deteriorated items removed.

Storage of Milk, Dairy Products and Fats:

a) Milk and cream will be kept separate from all raw products.
b) Fresh milk and cream will be placed in a refrigerator or cold storage

MULTI BRANDED FOOD COURT AUG-2017 89


c) Fats will be stored under refrigeration and away from strong smelling foods that could taint
them.

5. CORRECT USE OF REFRIGERATORS

1. Refrigerators will be placed away from heat source (e.g. cooking appliances, sun rays) in a
well-ventilated area. They will be so sited that all surrounding areas can be properly
cleaned.

2. Refrigerators will not be overstocked. Food will not be put in front of cooling elements or
tightly packed, so as to prevent air from circulating.

3. Cooler and freezer must have two thermometers each with proper display to monitor and
maintain appropriate temperature.

4. Where a refrigerator is not fitted with automatic defrost, it will be defrosted and
thoroughly cleaned at least weekly. Spillages will be cleaned up immediately. Units with
automatic defrost will be defrosted and cleaned every month.

5. Food under refrigeration will be checked daily to ensure that the quality is maintained and
stock is rotated effectively. All food past its “best by” or “use by” date will be discarded.
6. Wherever possible, cooked and raw foods will be stored entirely separately and each
freezer will be labeled with its intended use. When this is not possible, for example, in a
large deep freezer, then separate areas will be designated and clearly labeled, indicating
cooked and raw food storage areas.

7. All freezers with automatic defrost cycles will be defrosted and cleaned out thoroughly
every three months. The shelves will be cleaned weekly.

THE AVOIDANCE OF CROSS-CONTAMINATION IN REFRIGERATORS

 All foods will be wrapped/covered entirely separately and where appropriate, placed on
separate trays.

 In mixed refrigerators, high-risk foods will be stored on shelves above raw foods.
 If shelves have been used for raw foods, these will be removed and thoroughly disinfected
before using for cooked foods.
 Refrigerators will be thoroughly cleaned weekly

6. CUTTING AND DRESSING

 Cutting area and dressing rooms should be separate from the food preparation area.
 Vegetables and fruits should be passed through chlorinated water before they are thoroughly
washed in running water.
 Cut vegetables and fruits should be thoroughly washed before transferring them to the
kitchen.
 Waste material should be collected in disposable bags and transferred to the garbage bins
regularly.
MULTI BRANDED FOOD COURT AUG-2017 90
7. FOOD PREPARATION
 This being the main part of kitchen, care should be taken to keep it thoroughly clean.
 Floor should be regularly mopped and no washing is allowed in this area.
 Be vigilant and report any damaged equipment or surfaces, leaking oil, missing nuts or bolts,
leakage of gas, etc.
 Cooks and helpers should always use aprons and head gears. They should wash their hands
in Potassium Permanganate solution before starting food production.
 Keep separate utensils and spoons for non-vegetarian and vegetarian food.
 Use non-saturated branded vegetable oil as cooking medium.
 Only hot water should be used for floor cleaning after the operation has been completed.
Anti-grease detergents should be used for such areas.

8. HOLDING OF COOKED FOOD

 In restaurants cooked food needs to be kept for some time before it is served because of
large quantity of food involved and service time is fairly long. Bain-maries for hot food and
refrigerators/deep freeze for cold food should be used:
 To avoid contamination and to safeguard the health of the customers food should be kept at
following prescribed temperatures:

Food Item Prescribed Temperature Range


(Degree Celsius)
Meat and main dishes 60 to 65
Hot beverages (tea/coffee) 85 to 90
Sauces 65 to 80
Salad 4 to 7
Frozen dessert -3 to -10

9. PACKAGING OF FOOD

 Packaging improves presentation and facilitates handling. It should retain heat in case of hot
foods and control temperature in case of cold foods.
 Only proper cleaned and sanitized container must be used for packaging.
 Do not keep food uncovered even while packaging
 Use food grade material for packaging to avoid food poisoning
 Do not use wax coated paper containers for serving food

10. WATER

 Only potable water will be used for drinking, food preparation, drink dispensers and ice
making. Where necessary water will be filtered and treated on-site to ensure all water for
these uses is potable.
 UV water purifier should be provided for supply of potable water.
MULTI BRANDED FOOD COURT AUG-2017 91
11. SINKS

 Food preparation equipment, food etc will not be stored under sinks.

 Separate sinks will, where possible, be provided for each preparation purpose, i.e. raw meat,
vegetables, fish, etc. These sinks will be labeled with their intended use.

 Sinks will not be used for personal hygiene uses, e.g. hand washing, unless specifically
designated for the use.
 Sinks will be cleaned thoroughly after every use.

12. HAND WASHING FACILITIES

 Hand washing facilities will be provided in readily accessible positions throughout food
handling areas.

 Hand washbasins will be provided with hot and cold running water or water at a suitably
controlled temperature.

 Hand soap will be provided at each wash hand basin.

 The fitting will be cleaned and disinfected regularly.

 Wash hand basins will be provided in the staff changing facilities and toilet areas. Notices
will be displayed instructing staff to wash their hands.

13. FOOD EQUIPMENT

 Only equipment in current use will be stored in kitchen areas. Damaged and worn
equipment that cannot be readily cleaned will be replaced.

 The condition and cleanliness of equipment utensils and cleaning cloths will be inspected
daily.

 Food preparation equipment and utensils will be cleaned immediately after use.

 Utensils, food containers and pans will be washed thoroughly, using hot water and a
detergent and then rinsed in water at a minimum temperature of 70 degree C, to ensure
adequate disinfection.

 Cooking equipment and storage racks will be located so as to enable areas below and around
to be easily cleaned.

 Equipment used for raw meat or vegetable preparation will not be used for cooked or other
high-risk food preparation.

MULTI BRANDED FOOD COURT AUG-2017 92


 Separate labeled or colour coded knives, slicing machines, cutting boards, etc will be
provided for cooked meat, raw meat and vegetable preparation purposes.

 Cutting and preparation boards will be checked daily for excessive wear and appropriate
action taken.

 Food preparation surfaces will be used for one purpose only. Raw and cooked foods will
not be prepared on the same surface. Each surface will be labeled or colour coded with its
intended use.

 Work surfaces will always be cleaned down before and after use, in line with the
recommended method.

14. THE AVOIDANCE OF CROSS-CONTAMINATION DURING FOOD


PREPARATION

 Raw food will, at all times, be kept apart from food to be served without further heat
treatment.
 Separate areas will be provided for the preparation of raw meats, cooked meats and raw
vegetables, with preparation tables being used exclusively for that purpose. Each area will be
labeled with its intended use.
 Separate utensils will be provided for the preparation of cooked meats and other high-risk
foods, raw meat, raw vegetables and fish.

15. FIRST AID


 Supply of first aid equipment should be available for use.

16. PERSONAL HYGIENE


 All staff handling food will wear suitable clean protective clothing.

 Protective clothing will be changed daily and more often, if soiled.

 Protective clothing will be worn only for food handling duties.

 Staff will not wipe hands on protective clothing.

 Protective headgear will be worn to ensure hair and dandruff do not contaminate food or
surfaces.

17. STAFF TOILETS


 Wash hand basins will be provided within the areas, with adequate hot and cold water
supplies, soap and a suitable hand drying facility.

 The sanitary accommodation will be kept tidy and scrupulously clean.


MULTI BRANDED FOOD COURT AUG-2017 93
18. PERSONAL HYGIENE GUIDANCE FOR FOOD HANDLERS

 Annual medical examination of all staff has to be ensured and a fitness certificate issued.

 Skin lesions, boils, rashes, cuts and discharge from any site are hazardous and can
contaminate food with food poisoning bacteria. Staff with diarrhea or vomiting may also
contaminate food with food poisoning bacteria.

 All the staff handling food must take every precaution to ensure that such germs are not
passed on to food. A few simple rules are, therefore, necessary and all who are employed in
handling food must abide by them.

 Scrupulous personal cleanliness is essential to clean food handling and the highest standard
must be achieved and maintained at all times by those responsible for food storage,
preparation, cooking and service.

 Protective clothing such as apron, headgear, hand gloves etc. must be worn before entering
and working in food processing area.

 Food should be touched by hand only when there is no alternative-and hand cleanliness is
the basic rule of hygiene.
 Hands and arms must be washed with soap in running hot water and rinsed thoroughly in a
wash hand basin designated specifically for such use:

 Before starting work


 On returning to work after each break
 After moving from one area to another
 After using the toilet
 Between handling raw and cooked food
 After handling waste food and refuse
 After handling chemicals
 Before and after any cleaning procedure
 After contact with pests or contaminated food
 After touching any part of the head
 After smoking

 Hands should be thoroughly dried preferably with paper towels.

 Nails must be kept short and scrupulously clean and not bitten. Nail varnish is not
permitted.

 Skin cleanliness is essential Therefore a daily bath or shower is recommended.

MULTI BRANDED FOOD COURT AUG-2017 94


 Feet should be covered with suitable footwear.

 Food or drink should not be consumed whilst working in food handling areas.

 For women, the hair should be contained within a net.

 Hats should be scrupulously clean and must be worn at all times when handling food or in a
food room.

 Smoking in a food room is not permitted.

19. TRAINING

 Staff Training

 All staff must receive appropriate food and personal hygiene training to ensure that they are
able to comply with the hygiene requirements. Initial training should be given on induction
and refresher training undertaken on annual basis. The training programme must be in
written format, in vernacular, and records must be maintained on imparting of training with
acknowledgement of staff,

 All food handlers should undertake induction training during their first week of
employment. Such training should include:

 Personal hygiene and health policy

 Avoidance of contamination of food

20. CLEANING

 EQUIPMENT AND MATERIALS

 Cleaning equipment, chemicals and materials will be stored in a purpose built room or
cupboard, within or adjacent to catering areas. When not in use, the room or cupboard will
be kept locked shut.

 Cleaning equipment, chemicals and materials will be returned to the cleaning room or
cupboard immediately after use. It will not be stored in the kitchen preparation, storage or
serving areas.

 Cleaning materials will never be stored in food or equipment stores where they may
contaminate food or equipment.
 All food surfaces, food and equipment will be covered whenever large scale cleaning takes
place.

 All equipment used for cleaning will be cleaned after use and prior to storage.
MULTI BRANDED FOOD COURT AUG-2017 95
21. PEST CONTROL

 Pest control measures have to be adopted with schedule of pest control to be displayed.

 Insects and rodent pests, cats and birds can spoil and contaminate food. They can also use
cause considerable damage to food stocks and premises.

 Food handling areas provide ideal conditions for the survival and multiplication of pests.

 All dry goods will be checked at the time of delivery, for pest infestation or damage before
being placed into the storage area.

 Open dry food will be kept in pest-proof containers with close fitting lids. The lids will be
replaced immediately after use.

 All stored goods will be kept off the ground and clear of walls, with adequate space between
stock to enable regular inspection and cleaning.

 To ensure that food premises are maintained free of pests and any reported incidents receive
attention, a competent person or pest control contractor must be employed to:

a) Inspect areas within the food premises that have been previously treated.
b) Inspect areas within the location that are particularly vulnerable to infestation
by pests
c) Inspect the food premises for any necessary proofing works or items
conducive to pest infestations.

Signs to Look For – Rodents & Mice

 The animals themselves


 Droppings
 Damage to the food itself and food spillage.
 Holes and nesting sites.
 Gnaw marks on packaging, food containers, stored equipment and building fabric.
 Offensive odours may indicate an infestation.

Signs to Look For-Insects

 Insects, including silverfish, flies, cockroaches, ants, moths, weevils, beetles, wasps, mites
and posits (booklice)
 The adult insect, pupae, larvae or juveniles- (Dead or alive)
 Webbing of food packaging, in the food itself, on storage shelves or equipment.
 Small tunnels or holes in some food or packaging.
 Molted skins, faucal pellets, egg or egg pouches (cockroaches)
 Offensive odors may indicate an infestation.

MULTI BRANDED FOOD COURT AUG-2017 96


Signs to Look For

 Birds themselves, dropping and feather debris.


 Holes and nesting materials/sites.

22. KITCHEN STRUCTURE


 Adequate space with separate provision for storage of raw material, cleaning and dressing,
preparation of food, packaging and delivery.

 Kitchens should be airy and it should have wire meshing on windows, doors and skylights
and air curtain on main doors. Electrical chimney/exhaust hood should be provided to suck
hot air and effluents from the kitchen. Wall fans should be provided to cool staff but not to
bring wind currents on gas stoves. Other rooms should have exhaust fans.

 All incoming forced air must be filtered. All rest rooms must be equipped with exhaust fan
and rest room ventilation must have vents directly outside.

 Adequate number of flycatchers (insectocutors) to control fly and other insects in the area
must be installed in the kitchen.

 There should be a washroom attached to the base kitchen, which should be provided with
washbasin, soap, looking glass and hand dryer.

 UV water purifier should be provided for supply of potable water.

 The kitchen should be facilitated with requisite temperature control system to allow
appropriate temperature maintenance in the working facility. Recommended temperature
for cold kitchen is 70 degree Fahrenheit. Hot kitchen area should preferably be isolated and
equipped with hot air exhaust and fresh air intake fans.

 Major base kitchens should have standard electrical equipment with annual maintenance
contract.
 Cold rooms and deep freeze should be provided in case large quantity of food is to be stored
for a longer time.
 Good quality utensils preferably stainless steel containers for preparing vegetables and steel
containers for tea etc. should be provided which may be appropriately replaced from time to
time. In addition following equipment may also be provided and maintained depending
upon the size of the kitchens.
i) Vegetable peelers,
ii) Dough kneading machine,
iii) Masala/wet grinders,
iv) Cooking range,
v) Rice and water boilers,
vi) Bain-maries for keeping hot food for restaurant service,
vii) Trolleys for transfer of food within the kitchen,
viii) Hot meal trolleys for transfer of food to trains, and
ix) Weighing scales.
MULTI BRANDED FOOD COURT AUG-2017 97
Floors

 Floor surfaces should be durable, slip-resistant, non-absorbent, without cracks or crevices.


 The floor should be laid so as to enable easy and effective cleaning.
 Adequate drainage should be provided and any drainage channels or galleys should be
effectively trapped and sealed.

Walls

 Solid walls, coved at the junctions with floors and ceilings, are preferable.
 Wall surfaces should be durable, smooth, impervious and readily cleaned. All cracks should
be filled.
------------*********---------------

MULTI BRANDED FOOD COURT AUG-2017 98


Digitally signed
by Manoranjan
Dinkar
Date:
2017.08.18
18:06:58 IST
Reason: PDF
Authenticated

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