Draft 20.12.2013

Draft Bookstall Policy 2014 for comments/suggestions

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

RAILWAY BOARD

No. 2010/TG.III/464/1 /Policy New Delhi dated --.--.--

The General Managers All Indian Railways

(COMMERCIAL CIRCULAR NO. OF 2014)

Sub: Revised Bookstall Policy – 2014

1. Preamble

1.1 The objective of the Policy is to fulfil the public purpose by awarding the contract for bookstalls to provide the best reading material to the railway passengers and others visiting the Railway premises.

1.2 The Policy is issued for better management of Sale of Books, Magazines and Newspapers etc. from Bookstalls on the railway stations, which is an important passenger service rendered by Railways to its users.

1.3 The Policy is issued to address the problem of congestion at stations especially on platforms, concourse, in circulating areas & entry/exit points etc. due to various types of passenger amenities stalls available in these area and also to cater for the growing demand for books, magazines, newspaper, E-reading material etc. as per the requirement of modern times.

2. Modes of Book stalls

2.1 The term “Bookstalls” wherever used in this policy has a wide meaning, as it encompasses any or all of the following:-

i) Bookstall

ii) Tables

iii) Trolley

iv) Automatic Vending Machines (AVMs) for sale of Newspapers/Magazines etc.

v) Any other mode for sale of books/magazines/newspapers/e-reading material etc. as notified by the Ministry of Railways from time to time.

2.2 Books/ Magazine/ Newspaper etc. which can be read by passengers on platforms while waiting for a train, and also while travelling on trains will be allowed for sale from Bookstalls. It will also include sale of stationery items viz. Pen, Pad, Diary etc, and e-books, e-literature, e-movies etc., that is all items covered under the head of “Digital Media” which can be read/viewed by passengers on a lap-top along with transfer of software (data) via Pen-Drive, Hard Disc etc. while travelling on train.

2.3 With a view to introduce modern trends in sale of publications, a new concept for selling newspapers, magazines and periodicals through Automatic Vending Machines (if the Railway so feels the need) may be introduced at non-congested ‘A-1’, ‘A’, ‘B’ and ‘C’ class stations, i.e. at selected non congested Metros to be decided by CCMs. For those which are in the category of banned stations, the AVMs shall only be in replacement of Tables i.e. one AVM in lieu of a Table (if the Railway so feels the need).

3. 0 Categories of bookstall operators: Indian Railways will provide bookstall facility for passengers through the following:-

(i) Bookstall chains operated by major bookstall licensees; viz. M/s A.H. Wheeler & Co. and M/s Higginbotham Ltd. Etc.

(ii) Bookstalls operated by unemployed graduates and their co-operatives;

(iii) Partnerships and organizations of unemployed graduates; Individual

unemployed graduates who are sons/wards of railway men, both in service or retired; or

(iv) Individual unemployed graduates other than those mentioned above.

(v) Bookstalls operated by any other categories besides categories mentioned from (i) to (iv) above.

(vi) Bookstalls operated by philanthropic organizations/ societies at few locations;

(vii) Any other operator as notified by the Ministry of Railways from time to time.

3.1 Requirements for Bookstall Operators

(i) Cooperative Societies registered under the Societies Registration

Act of 1960, of unemployed graduates comprising actual workers/vendors.

(ii) The age of unemployed graduates should be less than 40 years.

4.0 ITEMS PERMITTED TO BE SOLD FROM BOOKSTALLS

4.1 Bookstalls (except Bookstalls operated by Philanthropic organizations/societies) may be permitted to sell books, magazines, periodicals, newspapers etc. and selected stationery items (mentioned in item 2.2 above).

4.1.1 Licensees will keep books on varied subjects viz. literature, history, children’s literature, fiction, travel, light reading, art, culture, current affairs, professional interests, national integration, etc. in English, Hindi and regional languages.

4.1.2 Licensees will keep e-books, e- literature and e-movies and other items of Digital Media in existence i.e. DVDs, CDs, Pen Drive, and Data Cards, etc.

4.1.3 They should also sell timetables published by railways, railway souvenirs as well as any other items recommended by Railways from time to time and the same should be displayed conspicuously at the stalls.

Note: The existing licensees may be allowed the aforesaid items, if not permitted earlier, on written request subject to payment of additional license fee @ 12% on estimated sales turnover of additional items allowed in bookstalls. 4.2 Sale of all types of obscene, scurrilous, smutty, pornographic, offensive or objectionable banned publications including pirated books or digital media is prohibited at all bookstalls. Zonal railways should exercise strict supervision and in case any licensee is found indulging in sale of such literature serious view should be taken including termination of license. In this connection, instructions issued by the Railway Board from time to time shall be followed. 4.3 In the bookstalls operated by Philanthropic organizations/societies, only Books/Magazines etc. of their own publication on the subject giving emphasis on well being mankind, mutual love and respect for each other, human welfare etc. will be allowed to be sold. They will also be allowed to sell the items permitted by Railways from time to time. 5.0 SCALE OF FACILITIES

5.1 Scale of facilities may be decided by the CCMs depending upon the local conditions at each station subject to maximum limits fixed by Railway Board vide para 5.4 of the Policy. The underlying principle will be to reduce congestion at stations by having all new and modern/modular stalls/tables/trolleys, of smaller size, and lesser in number so as to cater to increasing Passenger traffic in future. This will be done by introducing AVMs for dispensing the magazines and news papers.

5.2 The classification of Bookstalls shall be as under or as specified by Board from time to time :-

5.2.1 ‘A1’ & ‘A’ Category Bookstalls:- ‘A-1’ category Bookstalls:-

All bookstalls at stations in State Capitals/UTs and/or which are major train originating stations (Originating/Terminating at least 10 pairs of trains). Also stations having annual originating passenger earnings of more than Rs.60 cores. ‘A’ category Bookstalls:- All bookstalls at non suburban stations with annual passenger earnings of Rs.8 cores and up to Rs.60 cores. 5.2.2 ‘B’ category Bookstalls:- All bookstalls at

(i) Non suburban stations with annual passenger earnings between Rs.4 cores and Rs.8 crores.

(ii) Stations of tourist importance or an important junction station (to be decided by G.M)

5.2.3 ‘C’ category Bookstalls:- All bookstalls at Suburban Stations not mentioned in category ‘A-1’, ‘A’ & ‘B’ above. 5.2.4 ‘D’ category Bookstalls:- All bookstalls at Non suburban Stations with annual passenger earnings between Rs.60 lakhs and Rs.4 crores. 5.2.5 ‘E’ category Bookstalls:- All bookstalls at Non suburban Stations (including Flag Stations) with annual passenger earnings less than Rs.60 lakhs.

5.4 Maximum limit of bookstall facilities:

5.4.1 The maximum limit of Bookstalls (including stalls, tables, trolleys, AVMs etc.) is as under :-

S.N.

Category Concourse PRS Office (if located away from the station)

Main Platform

Other Platforms

1. ‘A’ / ‘A-1’ category stations

1 Bookstall or one Book-Table, or AVM depending upon availability of space.

1 Bookstall or

1 AVM

1 Bookstall, 1 AVM or Table and 1 Trolley.

1 Bookstall and 1 Table or AVM on every platform, (one Island platform is equivalent to one platform).

2. ‘B’ class stations

1 AVM or Table 1 AVM or Table

1 Bookstall, 1 AVM or Table

1 Trolley at each platform (one Island platform is equivalent to one platform).

3. ‘C’ category stations

One AVM or 1 Table depending upon availability of space.

Nil 1 bookstall 1 trolley at each platform (one Island platform is equivalent to one platform).

4. ‘D’,‘E’ & ‘F’ category stations

Nil Nil 1 bookstall or one table/ trolley

1 Table or 1 Trolley

5.4.2 If the level of facilities already available at a station is more than the maximum prescribed for that class of station, the same may be reduced gradually on expiry of the contract or at the time commissioning of new platforms/concourse. In case where the facilities are more than the prescribed limit and if there is need and justification, as decided by the General Manager, additional existing facilities may be retained even after expiry of the contract subject to the condition that these additional facilities do not add to congestion and do not hamper the free movement of passengers. As mentioned above, such instances should be done in rare cases with reasons to be recorded, only with the personal approval of the G.M.

5.4.3 Double-Decker Bookstalls may be planned by the Zonal Railways on selective basis in place of Bookstalls at A-1 and A category of stations wherever feasible, keeping in view the height of the station building, availability of space, volume of passenger traffic, congestion etc. duly ensuring safety and security hazards. The detail instructions regarding double decker bookstalls shall be issued separately. 5.4.3 In case of a major station with two entry/exits (i.e. a station which has two exits/entry with different approaches to the station), there can be two separate Main platforms with a Main Platform on each side of the entry/exit of the station. 5.4.4 Requirement of salesmen to operate bookstalls and other facilities will be determined by the Zonal Railways. Identity Card for the authorized no. of salesmen will be issued by the Station Superintendent/Manager

5.5 Philanthropic Organizations/Societies – Scale of facilities :

5.5.1 The bookstalls/trolleys run at the station by philanthropic Organisations/Societies would be over and above the maximum facilities indicated above.

5.5.2 Normally new bookstalls for Philanthropic organisations should be allotted at A1, A, B and C category stations only subject to feasibility and with personal approval of the General Manager. In exceptional cases, stalls at other category of stations can be allotted to these organizations with the personal approval of General Manager.

5.5.3 The maximum number of bookstalls/trolleys at all categories of stations run by philanthropic organizations/societies will normally be limited to one bookstall and one table/trolley at a station.

5.5.4 The requirement of size of bookstall as mentioned in Para 7 will also apply to the bookstalls operated by Philanthropic Organisation.

6.0 Banned station – congestion at stations 6.1.1 In view of the need for decongesting the platforms, certain stations have been placed in the ‘banned’ list. With increase in passenger traffic, more stations are likely to come under the category of banned stations. 6.1.2 Zonal Railways shall review the position of banned stations periodically at all A-1, A, B and C class stations to reduce the congestion on the platforms. 6.1.3 For working out the congestion at any station the peak traffic is to be taken into consideration at any period of 24 hours and that too in the period of maximum rush (i.e. during Melas, Festival Season, holidays etc.). Additional passenger flows of the suburban and/or intercity trains rush and also due to late running of long distance trains has to be taken into consideration. 6.1.4 No new bookstalls (these include bookstalls/trolleys/tables/AVMs) can be opened at the existing platforms in the banned stations without prior clearance of Railway Board. This ban shall not be applicable on new/extended platforms, new station buildings etc. at these stations. The ban will be applicable for all Bookstalls including those run by Philanthropic organizations/societies.

7. SIZE OF THE BOOKSTALL/TABLE/TROLLEY/ AVM

7.1 With increase of Passenger traffic to the extent of around 5-10% every year with little or no increase in space available at most of the stations, efforts are required to reduce further the size of stalls gradually. The size of the bookstall in the main concourse building of the station may be decided by the Railways as per availability of space. New bookstalls at the main platforms will be flushed with the station building wall. 7.2 Maximum Size of Bookstalls:-

7.2.1 On the concourse or on platforms in order to have uniformity and proper utilization of space, the size of stalls has been standardized on the pattern of modular stalls.

7.2.2 For new stalls on platforms or on concourse, the size should be a maximum length of 270 cm. (parallel to the track) and 150 cm width (perpendicular to the track). All stalls should have inside height of 210 cm. with overall height of 270 cm. with 60 cm. wide space for storage purposes. 7.2.3 The top panel of the stall should be in the form of glow-signs having 60 cm. heights all around the stall indicating the name of zonal railway, the licensee’s name and logo of the company.

7.2.4 CCMs may decide the design and size as per availability of space, the aesthetics of the station and the peak footfall at the proposed location. However, the existing stalls may be retained with the same size at the discretion of the CCMs.

7.3 Size of Book Tables/Trolleys :- Size of Book Tables/Trolleys will not be more than 150 cm. length (parallel to the track) and 90 cm. width (perpendicular to the track). 7.4 Size of AVMs:- The AVMs should cover a maximum area 7.5 sq. feet and it should be not interfere with the smooth movement of passengers. 7.5 These are indicative maximum sizes and are applicable subject to feasibility and aesthetics on all new stalls that are proposed to be set up by the Zonal Railways.

8.0 ALLOTMENT OF BOOKSTALLS

8.1 All new bookstalls at A-1, A category of stations should be allotted on the basis of open competitive bid system (Two Packet tender system) by issuing a press notification. The First Packet will contain fulfilment of the eligibility conditions; the Second Packet will contain the financial bid. The selection of the bidder should be done on the basis of highest bid offered by the eligible bidder as a lump sum annual license fee to be paid by the licensee.

8.2 75 % of new allotments at B, C category of stations, for General Category. should be allotted on the basis of open competitive bid system (Single Packet Tender System) by issuing a press notification. The Packet will contain fulfilment of the eligibility conditions and quote for the license fee. The selection of the bidder should be done on the basis of highest bid offered by the eligible bidder as a lump sum annual license fee to be paid by the licensee.

8.3 The remaining 25% of new allotment at B & C category stations for reserved category and all allotment at D and below category stations will be done by calling applications. At the above mentioned stations, the applications will be invited by giving suitable notification through Press. There will be no competitive bidding.

8.4 Eligibility Criteria:- The eligibility criteria for all new allotment of Bookstalls shall be as under: Sl. No.

Category Financial/Solvency Criteria

Other Criteria

1. ‘A-1’ and ‘A’ category stations.

Open for all fulfilling the criteria/condition

Allotment under two packet tender system

(i) The bidding firm should be sole proprietorship firm or partnership firm registered under the Partnership Act 1932 or a company incorporated under ‘Companies Act, 1956.

(ii)The firm should be duly incorporated/registered for book business and should be running a bookstall (s)/bookstore (s) at any city in the country.

(iii) The firm should have had an annual turnover from bookstall (s) elsewhere equal to at least 150% of the anticipated annual turnover from the tendered bookstall in any one of the last five years.

(iv)The revenue/bankers/ solvency certificate equal to 40% of the advertised annual anticipated sales value. - The firm should have had an annual turnover from bookstall(s) elsewhere equal to at least 150% of the

- The firm should have at least 10 persons on its rolls, 50% of whom should be graduates.

- Any other condition as decided by the Zonal Railways.

anticipated annual turnover from the tendered bookstall in any one of the last five years.

(The above criteria will not applicable on Unemployed graduates and their associations)

-

2. ‘B’ & ‘C’ category stations. (75% stall for general category to be achieved on gradual basis)

Open for all except the major bookstall chains.

1. The bidding firm should be sole proprietorship firm or partnership firm registered under the Partnership Act 1932 or a company incorporated under ‘Companies Act, 1956.

(ii)The firm should be duly incorporated/registered for book business and should be running a bookstall (s)/bookstore (s) at any city in the country.

(iii) The firm should have had an annual turnover from bookstall (s) elsewhere equal to at least 150% of the anticipated annual turnover from the tendered bookstall in any one of the last five years.

(iv)The revenue/bankers/ solvency certificate equal to 40% of the advertised annual anticipated sales value

2. The firm should have had an annual turnover from

- The firm should have at least 6 persons on its rolls, 50% of whom should be graduates.

- Any other condition as decided by the Zonal Railways.

bookstall(s) elsewhere equal to at least 150% of the anticipated annual turnover from the tendered bookstall in any one of the last five years.

(The above criteria will not applicable on Unemployed graduates and their associations)

3. ‘D’ and below category of stations. To be allotted only to ‘Other Categories’ in terms of Para 3.0 above.

The contracts of unemployed graduates managing bookstalls should be discontinued after their getting employment.

The unemployed graduate should show the financial capability to run the bookstall either by (i) proof of fully tied finances though commitment later from the bank or any other proof of his financial capability.

- Each member of the association/partnership/society should be a graduate.

- The member should be unemployed.

- Age of the member should be less than 40 years (at the time of award.)

- All work connected with the management of the bookstalls; including train side vending should be done by the members themselves. They will be issued photo-identity cards by the Administration.

- Any other condition as decided by the Zonal Railways.

8.5 Other eligibility criteria are as under:

8.5.1 For 25% of the reserved Bookstalls/Tables/Trolley at ‘B’ and ‘C’ category stations and all Bookstalls/Tables/trolley at ‘D’ and below category of stations, domicile of the applicants with reference to the location of the proposed unit (supported with a certificate from the District Authorities) or Adhaar Card should be submitted.

8.5.2 In case of partnership firms, a certified copy of legal partnership deed should be submitted.

8.5.3 In case of individuals, the application should be supported by relevant school/Education Board certificate.

8.5. The individual should have good moral character (should be supported by a certificate issued by local government authority).

8.5.5 Individuals and employees of firm/Companies should submit the medical certificate on allotment to certify that they are medically fit and are not suffering from any infectious disease and this would be annually submitted.

8.5.6 An affidavit by the applicant stating that he/she has not been convicted in any criminal case and does not have any past criminal record may also be submitted. In case of co-operative firm, there should be an affidavit from the head / lead partner that all the members have not been convicted in any criminal case and do not have any past criminal record.

8.5.7 An affidavit from the applicant/applicants should be submitted stating that they or their firm / co-operative have not been blacklisted by a central/state government agency from participating in a similar activity.

8.5.8 An affidavit from the applicant indicating all information submitted above is authentic and correct. False certificates/information would result in termination of contract and banning of business dealing with the applicant.

8.5.9 Any other facts considered relevant by Railways.

8.5.10 The licensee shall pay the wages to its staff engaged in connection with the license not less than fair wages notified by the Govt. of India, Ministry of Labour/Minimum Wages Act issued from time to time.

8.6 System of Allotment: 8.6.1 There would be a three Member Selection Committee at appropriate level of Commercial, Finance and one from another department, as indicated in Para 8.7 below, which will scrutinize the offers received to select the eligible candidates.

8.6.2. The major bookstall chains shall be eligible for consideration for A-1 & ‘A’ category of stations only and not for lower category bookstalls.

8.6.3. In cases of allotment through application on ‘D’, ‘E’ & ‘F’ category of stations and also 25% of the bookstalls on ‘B’ & ‘C’ category of stations, if a large number of applicants are found eligible for allotment for a particular stall, the Committee may consider the selection through draw of lots in transparent manner conducted in presence of the DRM/ADRM and the applicants/representatives. Adequate advance notice

may be given to the applicants if the above method is applied for selection. 8.6.6 The above mentioned procedure will be applicable for allotment of bookstalls to philanthropic organization at all eligible categories of stations with prospective effect.

8.7 Composition of Selection Committee

The composition of the selection committees and the level of the approving authority will be as under:

Category of Bookstalls

Selection Committee Approving Authority

‘A-1’ and ‘A’ category

3 junior administrative grade officers from Zonal Railway Headquarters, one each from Commercial, Finance & another Department

HOD In-charge

‘B’ and below categories

3 Senior Scale officers of the Division, one each from Commercial, Accounts & another Department

Sr. DCM or ADRM in case Division does not have Sr. DCM

8.8 Allotment of bookstalls to Philanthropic Organizations/Societies.

8.8.1 Applications received for fresh allotment of stalls as per Para 5.5 under this category need to be scrutinized with a lot of care to ensure that only a deserving organization claims benefits under this clause. Eligibility under Section 12A of the Income Tax Act of organization/societies who are due exemptions under this Act has to be certified. Provisions under Para 4.3 above are to be particularly ensured.

8.8.2 Railway will provide facilities for bookstalls to philanthropic institutions/ organizations/ societies as per the terms and conditions of the policy as below:-

(i) Eligibility criteria for allotment of Bookstall under this category has been defined vide Railway Board’s circular No. 04 of 2009 dated 22.01.2009. The specific provisions in this circular pertaining to philanthropic organizations are;

(ii) Such Philanthropic Organisation/Society must have their own publication of books and periodicals for promoting social and cultural values of the society

(iii) Such organization/society should be registered as Society or Trust or Company i.e. Society registered under Society Registration Act, 1860 or Trust formed under Trust Deed or registered under Income Tax Authority or Limited Company incorporated for charitable purposes under section 25 of the Company Act, 1956

(iv) The applications under this category should be accompanied with the certificate of registration with Income Tax Deptt. under section 12(A) of Income Tax Act, 1961 and Gazette Notification (for section 35 AC) or Exemption Certificate (for Section 80G) from the Income Tax Deptt. such that the donations made to the organization are exempted under either section 35 AC or 80G of Income Tax Act, 1961 or both.

8.8.3. Allotment of bookstalls to philanthropic organizations will henceforth be made by the zonal railways, only in very selective cases as defined in Para 5.5 by calling for application through press notification.

8.8.4. Applications received from philanthropic institutions, will be processed by the zonal railways and decision taken subject to eligibility and feasibility at that location. These cases will be decided with the personal approval of General Manager.

8.8.5. The license fees of such Bookstalls and of Table/Trolley at a specified category of station shall be as per Para 9.1.5 below.

8.9 Allotment of AVMs

The AVM can be stand alone i.e. allotted to any of the “other categories” or a Publishing House or other deserving applicants to sell magazines /Newspapers etc. mechanically without manual interference. AVM shall be part of a Bookstall facility and also a replacement to a Trolley/Table.

8.9.1 The companies would pay electricity maintenance charges (including meter connection etc.) and consumption charges for the AVM machines. For this purpose, the party should be asked to deposit in advance a lump sum amount to be fixed by the Railways. This may be adjusted by the Railways against their future bills.

8.9.2 Maintenance of the AVM machine will be the responsibility of the licensee. Contract agreement should have adequate provision for penalty including termination of contract against sub-standard/unsatisfactory/irregular services/non-supply of contract items, and other illegal activities.

8.10 Reservation:

8.10.1 25% of the Bookstalls/Table/Trolley at B and below category stations will be reserved for following categories viz. unemployed youth etc. as per the following breakup.

(i) Scheduled Castes - 6% (ii) Scheduled Tribes - 4% (iii) People below poverty line - 4% (iv) Women including war widows

and widows of railway employees - 3% (v) Other Backward classes - 3% (vi) Minorities* - 3% (vii) Physically handicapped persons - 2%

TOTAL - 25%

* The term minorities will include the communities viz. 1. Muslims 2. Christians 3. Sikhs 4. Buddhists 5. Zorastrians (Parsis). 8.10.2 The Commercial Department of the Zonal Railway will maintain a record of applications received through press notification from various categories separately. The above provision of allotments based on reservation will apply in the case of fresh allotments and Divisions will maintain records accordingly.

8.10.3 The reserved category percentage shall be achieved on a gradual basis when either new stalls are allotted or any of the existing stall is vacated and noticed for allotment.

9. LICENSE FEE:- For all Bookstalls (these include major bookstall chains) other than

those allotted to Philanthropic organizations/societies, the license fees shall be as under:-

9.1.1 Minimum license fee for ‘A-1’ and ‘A category stations : For ‘A-1’ and ‘A’ category stations, licensee will pay minimum

license fee at the rate of 5% of the annual sales turnover subject to a minimum of Rs.32, 000/- per year per bookstall and Rs.3200/- per year per table/trolley/AVM. However, in case of new allotment where the sales turnover figure is not available, the minimum license fee will be Rs.32, 000/- per bookstall and Rs.3200/- per table/trolley/AVM for the first year. From the subsequent years, the sales turnover figures should be taken into account for determining the minimum license fee.

9.1.2 Minimum license fee for ‘B’ and ‘C’ category stations:

For ‘B’ and ‘C’ category stations, licensee will pay minimum license fee at the rate of 5% of the annual sales turnover subject to a minimum

of Rs.16000/- per year per bookstall and Rs.1600/- per year per table/trolley/AVM. However, in case of new allotment where the sales turnover figure is not available, the minimum license fee will be Rs.16, 000/- per bookstall and Rs.1600/- per table/trolley/AVM for the first year. From the subsequent years, the sales turnover figures should be taken into account for determining the minimum license fee.

9.1.3 Minimum license fee for ‘D’ category stations:

For ‘D’ category stations licensee will pay minimum license fee at the rate of 5% of the sales turnover subject to a minimum of Rs.5000/- per year per bookstall and Rs.750/- per year per table/trolley. However, in case of new allotment where the sales turnover figure is not available, the minimum license fee will be Rs.5, 000/- per bookstall and Rs.750/- per table/trolley for the first year. From the subsequent years, the sales turnover figures should be taken into account for determining the minimum license fee.

9.1.4 Minimum license fee for ‘E’ & ‘F’ category stations:

For ‘E’ & ‘F’ category stations licensee will pay minimum license fee at the rate of 5% of the annual sales turnover subject to a minimum of Rs.2500/- per year per bookstall and Rs.500/- per year per table/trolley. However, in case of new allotment where the sales turnover figure is not available, the minimum license fee will be Rs.2500/- per bookstall and Rs.500/- per table/trolley for the first year. From the subsequent years, the sales turnover figures should be taken into account for determining the minimum license fee.

9.1.5 For all new allotment after the notification of this policy the license fee at the rate of 12% of estimated annual sales turnover will be charged except the bookstall operated by philanthropic organisations.

9.1.6 The cost of erection and maintenance of AVMs, bookstalls, trolleys, tables and Storage rooms will be borne by the licensees.

9.1.7 The licensee will deposit the license fee for one year in advance as security deposit at the time of commencement of the fresh award of a new contract. The annual license fee will also be collected from the licensee in advance every year.

9.2 One time renewal for three years to the existing

Bookstalls

9.2.1 The above mentioned license fee from para 9.1.1 to 9.1.4 will be applicable for the existing bookstalls. However, after the issue of this

policy the existing bookstall will be given a one time extension/renewal of the tenure, if the licensee apply for this and is ready to pay the license fee at the rate of 12% of estimated sales turnover. This one time extension will be given based on the satisfactory performance and payment of the dues in order to recover the investment made in the bookstall and also to fulfil the principle of Legitimate Expectation. After three years the tender will be floated for such a stall and the existing licensee can participate in that tender. If the performance of the licensee has been found good he will be given preference in the selection.

9.2.2 During renewal of the existing contract, the license fees would be revised on the basis of above. The existing bookstalls will be eligible for renewal subject to satisfactory performance, payment of dues irrespective of the eligibility criteria for new allotment for a particular category of station(s).

9.2.3 Payment of the license fee by the existing bookstall licensee. With the introduction of the aforesaid guidelines, all the existing licensees to whom railways have allowed renewal will have to pay the license fee as mentioned in para 9.2.1 9.3. License fee for Philanthropic Organisations:

Type of Bookstall Minimum Annual License Fee

For A-1 & ‘A’ Category

2.5% of the sales turn over subject to a minimum of Rs.7000/- per bookstall and Rs.700/- per table/trolley per annum.

For ‘B’ category 2.5% of the sales turn over subject to a minimum of Rs.4000/- per bookstall and Rs.400/- per table/trolley per annum

For ‘C’ category 2.5% of the sales turn over subject to a minimum of Rs.2500/- per bookstall and Rs.250/- per table/trolley per annum

For ‘D’ ‘E’ & ‘F’ category

2.5% of the sales turn over subject to a minimum of Rs.750/- per bookstall and Rs.100/- per table/trolley per annum

9.3.1 In case of new allotment to Philanthropic organizations, the minimum license fee for the first year (as the sales turn over figure is not available), will be fixed as the minimum amount mentioned against each category in Para 9.3

9.3.2 For new Bookstalls where fresh contract is awarded on the basis of highest bidding, the minimum license fees shall be decided in terms of Para 9.2.2

9.4 The execution of agreements

9.4.1 After the allotment is done as per the provision of this policy an agreement shall be executed between the bookstall operator and Railways.

9.4.2 For the Bookstalls at ‘A-1’, ‘A’ & ‘C’ categories of stations JA grade officer of commercial department posted in zonal headquarter and in-charge of bookstall shall sign the agreement on behalf of Railways.

9.4.3 For the Bookstalls at ‘B’, ‘D’, ‘E’ & ‘F’ categories of stations Senior DCM (DCM as Branch Officer) shall sign the agreement on behalf of Railways.

9.4.4 The major Bookstalls operators who had signed one agreement for all the Bookstalls irrespective of categories of stations shall sign individual agreement for each bookstall with the zonal/divisional officer depending on the location of bookstall as mentioned in para 9.4.2 & 9.4.3 at the time of renewal.

9.4.5 A standard format of agreement will be issued by the Railway Board for execution of agreement between the bookstall operator and Railways.

10. TENURE and RENEWAL

10.1. The normal tenure for the license for all Bookstalls allotted after issue of the policy would be five years which can be renewed thereafter for tenure of 5 years. However, Railway reserves the right of renewal of the license for every five years if the performance of the licensee is satisfactory and payment of dues as fixed by the Railways from time to time.

10.2. All the existing licence will be given an extension/renewal for three years in terms of para 9.1.5.

10.3 The satisfactory performance would be evaluated by a Screening Committee of Divisional officers nominated by Sr. DCM (comprising

officers from commercial and finance) The level of the committee will be as under:-

a) Sr.Scale officers for A-1, A, B and C class stations; b) Asstt. Scale officers for other class of stations.

10.4 The Screening Committee would evaluate the performance based on complaints, violation of Railway instructions, upkeep of the Stalls/Trolleys/Tables, quality of books, sale figures, proper documentation of sale proceeds, timely payment of reassessed license fees etc.

10.5 The license fee shall be reassessed and revised at the time of each renewal subject to a minimum increase of 10% of the existing license fee.

10.6 In case of in case any of the major bookstall chains do not want to continue at the B and the below category stations they can do the same on their own will.

11. TRANSFER OF LICENSE TO THE LEGAL HEIR OF THE DECEASED BOOKSTALL LICENSEE.

11.1 In the event of the death of a bookstall contractor, the contract may be transferred if running without complaint and when all dues have been paid for the unexpired period of the contract in the name of one of the following persons only, in the order indicated below provided he/she is found suitable and competent to run the contract:-

a) Widow;

b) Son/legally adopted son; and daughter /legally adopted daughter (unmarried /married /widow)

11.2 The contract so transferred to the legal heir should be allowed to run for up to unexpired period of contract. Renewal of such licenses thereafter will be done as per Para 10 above.

12. Termination of the Licence:-

12.1. The complaints/ deficiencies during inspection will be classified as major deficiency or minor deficiency accordingly the fines will be imposed on the licensee by the zonal/divisional Railways depending on the category of stations. The Zonal Railway will decide whether a particular complaint is minor or major and accordingly, the penalty will also be decided by the Zonal Railways. However, in order to maintain the uniformity in classification of the nature of complaint, the Zonal Railway

will inform the Railway Board about the classification. The Railway Board may decide on the classification of major/minor complaints if there is non- uniformity among the Zonal Railways.

12.2 The number of complaints/deficiencies will also be maintained for the purpose of review for renewal of contracts.

12.3 In case of complaints of serious nature/major deficiency or repeated complaints about a bookstall is received, the General Manager/ Divisional Railway Manager shall terminate the license depending on the category of station and black list the licensee from operating any bookstall in the Indian Railways after giving show cause notice to the operator and receipt of unsatisfactory reply or if no reply is given.

12.4. The licensee can file an appeal against the termination of the license to the Railway Board which will be decided in merit and the decision of the Railway Board will be final.

13. General

13.1 Land Rent, Conservancy, Electricity and Water Charges The present systems of charging nominal rental charges @ Rs. 1/- per sq. ft. per bookstall per annum will continue. The conservancy charges will also continue to be realized as per current rate. Electricity and water charges will be based on actual consumption. 13.2 Relocating stall/trolleys As and when situation demands, CCMs for ‘A-1’ ,’A’ & ‘”C categories of stations and DRMs for ‘D’, ‘E’’ & ‘F’ categories of stations may on operational grounds decide the relocation of stall/trolleys, during the exigencies , like renovation of platforms/construction of new platforms etc. or to reduce congestion so as to provide un-interrupted services to the passengers. 13.3 Procurement of news papers for the supply of passengers of Rajdhani/Shatabdi/Duronto trains: Zonal Railways should strictly follow the instructions contained in Para 3.3 of Board’s letter No. 95/TGIII/631/5 dt 12/26.12.2001 for Procurement of news papers for the supply of passengers of Rajdhani/Shatabdi/Duronto trains. 14. Free Passes No free passes shall be given to any category of bookstall licensees.

15. Inspection and Monitoring Zonal railways will carry out frequent inspections at various levels to ensure that bookstalls function to the satisfaction of Railways. In case of any irregularity, fines, as decided as a policy by Zonal Railways, may be imposed on the defaulting licensee and recovered. For repeated irregularities, after a number of cases of imposition of fines, cancellation of the allotment/renewal can be done. Emphasis should be laid on proper assessment of sales, type of published material/digital media being sold, payment of railway dues, public complaints and suggestions etc. 16. Effective date of the Policy: The Bookstall Policy, 2013 will come into immediate effect from the date of issue of this letter. This policy will supersede all earlier policy guidelines unless specifically mentioned in the guidelines. This has the approval of Finance and Legal Dte. Of Railway Board. Please acknowledge receipt of this letter.

Executive Director (T&C)

Railway Board

No. 2010/TG.III/464/1 /Policy New Delhi dated -01-2014

Copy to: FA&CAOs, All Indian Railways – For information and necessary action.

For Financial Commissioner, Railways