AN AGREEMENT made this.............day of..............one thousand nine hundred and .............. BETWEEN THE PRESIDENT OF INDIA acting through the Chief Electrical Engineer/Divisional Railway Manager/Divisional Railway Manager (Electrical) of the...........Railway administration (hereafter called 'The Railway") of the one part and ............. (hereinafter referred to as "the owner" of the other part). WHEREAS the owner wishes to erect an electric overhead line and carry out the works connected therewith for transmission or distribution of electrical energy over and across the railway tracks and/or land at kilometrage...........in the section............. at............. railway station, of the Railway, the said overhead line where it crosses the railway tracks and/or land works connected therewith hereinafter referred to as the "crossing". Now IT IS HEREBY AGREED AS FOLLOWS.

1. General: The Railway will permit the owner as from the............day of............ 19......, to lay the crossings as per Drg. no............. approved by. the Railway hereunto attached as annexure, and in compliance with Regulations for power line crossing of Railway tracks, hereunto attached as annexure hereinafter referred to as the Regulations, for the purposes hereinbefore mentioned subject to the terms and conditions hereinafter contained.

2. Permission to erect and maintain the crossing : The Railway will, subject to the provisions of clause 3 hereinafter contained, permit the owner to erect and maintain in accordance with the Regulations the crossing over and across the Railway tracks and/or land at the place (s) shown on the said drawing and to execute all repairs in connection therewith when necessary from time to time and all such works shall be executed at the cost of the owner at such times as may be permitted and to the satisfaction of the Railway in all respects. Provided that if shifting of or modifications to or dismantling of the crossing is required for the proper functioning of the Railway and is to be carried out by the owner as desired by the Railway, the costs of such works shall be born by the Railway except in those case where the need for such works.

3. Railway to carry out protection works : In the event of it being necessary in the opinion of the Railway to support or protect the railway tracks and/or land or works during the erection of the crossing or the execution of any repairs there to or any removal thereof the work of supporting of or protecting the railway tracks or land and resorting the tracks and/or land to its original condition or such part of the said work as the Railway shall deem fit will be carried out by the Railway at the cost of the owner in all respects. The amount of such costs will be determined by the Railway in its absolute discretion and will be paid by the owner to the and shall also make good to the Railway ail costs and expenses which it may incur in regard to any such claim or damage of loss as aforesaid. In the event of there being any dispute as to what specific loss and/or dam age has been caused by reason of any of the matters aforesaid such dispute will be preferred to the Chief Electrical Engineer of the Railway, whose decision thereon shall be final and binding.

4. Railway accidents : The Railway shall not be responsible for any damage to the crossing and other property of the owner due to any accident in the working of the Railway due to any cause whatsoever.

5. Sub-letting : The owner will not sub-let, transfer' or assign this agreement or any of the privileges hereby granted without the prior consent in writing of the Railway.

6. Limitation of rights : Nothing herein contained will be construed as conferring upon the owner or his permitted assignee any rights over the property of the Railway.

7. Costs of agreement: All costs and expenses incidental to the preparation and completion of these presents including stamp duty will be borne and paid by the owner.
   In witness whereof the parties have hereunto set arid subscribed their respective hands and seals the day, month and year respectively mentioned against their respective signatures.

(Seal of the Owner)

                                                                                  (Signature)

Signed at..................................................by Shri..................................................... for and on behalf of the Owner in the presence of::

1. Name Address                                                       (Signature of Witness)

2. Name Address                                                       (Signature of Witness)

                                                                                  (Signature)

Signed at..................................................by Shri.................................................... for and on behalf of the President of India, in the presence of:

1. Name Address                                                       (Signature of Witness)

2. Name Address                                                       (Signature of Witness)

Notes :

1. In the case of Railway Companies or Port Commissioner Railways, the term Chief Electrical Engineer was ever occurring in this agreement may be replaced by the designation of the officer on whom the duties of the Chief Electrical Engineer devolve.

2. The agreement should be signed by and on behalf of the President of India by an Officer duly authorized under article 299 (I) of the Constitution of India.