Karnataka Transparency in Public Procurements Act, 1999 Chapter 1 - Bare Act |
| State | Karnataka Government |
| Year | 1999 |
| Section Title | Chapter I |
(1) This Act may be called the Karnataka Transparency in Public Procurements Act, 1999.
(2) It shall be deemed to have come into force with effect from the fourth day of October, 2000.
In this Act, unless the contextotherwise requires,-
(a) 'Construction Works' meansputting up, demolishing, repairs or renovation of buildings, roads, bridges orother structures including fabrication of steel structures and all other civilworks;
(b) 'Goods' means Machinery,Motor Vehicles, Equipment, Furniture, Articles of Stationary, textiles rawmaterials, drugs, scientific instruments, chemicals, food grains, oil and oilseeds or other commodity required for consumption, use or distribution by aProcurement Entity in discharge of its public duties;
(c) 'Government' means the StateGovernment;
(d) 'Procurement Entity' meansany Government Department, a State Government Undertaking, Local Authority orBoard, Body or Corporation established by or under any law and owned orcontrolled by the Government, and any other body or authority owned orcontrolled by the Government and as may be specified by it.
(e) 'Public Procurement' or'procurement' means purchase of goods, obtaining of services or undertaking ofconstruction works by the procurement entities;
(f) 'Services' means the actionof serving, attending upon, helping or benefiting a Procurement Entity in thecourse of discharging its public duties and includes construction works;
(g) 'Specified goods orServices' means the goods or services as the case may be specified in a tenderand identified in the contract resulting from acceptance of a tender on accountof a procurement entity;
(h) 'Tender' means the formaloffer made for supply of goods or services in response to an invitation fortender published in a Tender Bulletin;
(i) 'Tender Accepting Authority'means an officer or a Committee appointed to accept tenders and a 'TenderInviting Authority' means an officer or a Committee appointed to invitetenders, under section 9;
(j) 'Tender Bulletin' means abulletin published for the State as a whole or for any district or districtswithin the State containing the details of invitation, processing andacceptance of Tenders;
(k) 'Tender Bulletin Officer'means a State Tender Bulletin Officer or a Tender Bulletin Officer referred toin section 7;
(l) 'Tender Document" means theset of papers detailing the schedule of works, calendar of events, requirementof goods and services, technical specifications, procurement criteria and suchother particulars, as may be prescribed for evaluation and comparison oftenders.
The provisions of this Act in so far as they are inconsistent with the procedure specified in respect of the Projects funded by International Financial Agencies or Projects covered under International Agreements, shall not apply to procurement of goods or services for such project.
The provisions of Chapter II shallnot apply to Procurement of goods and services,-
(a) During the period of naturalcalamity or emergency declared by the Government ;
(b) Where the goods or servicesare available from a single source or where a particular supplier or contractorhas exclusive rights in respect of the goods or services or construction workand no reasonable alternatives or substitutes exist:
Provided that for the purpose ofthis clause there shall be a committee of three experts consisting of onetechnical representative of the procuring entity one technical representativeof the Government organisation dealing with similar procurement and onerepresentative from a reputed Academic or Research Institution orNon-Commercial Institution having expertise in such line to examine and declarethat the goods or services are available from a single source;
(c) Where the procuring entityhaving procured goods, services or technology from a supplier or contractordetermines that additional supplies must be procured from the same supplier orcontractor for reasons of standardization and compatibility with the existinggoods, service or technology;
(d) Where the goods or servicesare procured from certain Departments of Government, public sectorundertakings, statutory boards and such other institutions specified by theGovernment and such goods are manufactured or services are provided by them,for a period not exceeding 1 [three years] from the date ofcommencement of this Act;
2 [(e) Where theprocurement is by the Government Departments, State Government Undertakings, orany Board, Body or Corporation established by or under any law and owned orcontrolled by the Government or Zilla Panchayats constituted under the KarnatakaPanchayat Raj Act, 1993 or City Municipal Corporations established under theMunicipal Corporations Act, 1976 or City Municipal Councils established underthe Karnataka Muncipalies Act, 1964 or the Hyderabad Karnataka AreasDevelopment Board constituted under the Hyderabad Karnataka Area DevelopmentBoard Act, 1993 or Malnad Area Development Board constituted under the MalnadArea Development Board Act, 1991 or the Bayaluseeme Development Boardconstituted under the Bayaluseeme Development Board Act, 1994,-
(i) in case of constructionworks of all types the value of which does not exceed rupees five lakhs;
(ii) in case of goods orservices other than construction works the value of which does not exceedrupees one lakh;
(ee) where the procurement ofgoods or services is by the Grama Panchayats and Taluk Panchayats constitutedunder the Karnataka Panchayat Raj Act, 1993, Town Municipal Councils or TownPanchayats constituted under the Karnataka Municipalities Act, 1964 or UrbanDevelopment Authorities constituted under the Karnataka Urban DevelopmentAuthorities Act, 1987,-
(i) for the purpose ofimplementing mini water supply scheme or construction of school rooms and thevalue of such procurement does not exceed rupees two lakhs; and
(ii) for other purposes and thevalue of such procurement does not exceed rupees one lakh.]
(f) Where the goods or servicesare procured under rate contracts from the Director General of Supplies andDisposals or from the Stores Purchase Department of the State; and
(g) in respect of specificprocurements as may be notified by the Government from time to time.
(h)in respect of spot purchase of cotton by Spinning Mills, purchase of oil seedsby the Karnataka Agro-Industries Corporation or the Karnataka Co-operative OilSeeds Grower's Federation, purchase of sugarcane by Sugar Mills, directpurchase of paddy by the Agricultural Produce Market Committees and theKarnataka Food and Civil Supplies Corporation, purchase of cloth by theKarnataka Handloom Development Corporation, purchase of silk by the KarnatakaSilk Industries Corporation, purchase of milk by the Karnataka Milk ProducersCo-operative Federation, purchase of palm oil by the Karnataka Food and CivilSupplies Corporation and the Karnataka Co-operative Oil Seeds Grower'sFederation, purchase of cloth by the Government Departments and public sectorundertaking from the Karnataka Handloom Development Corporation and purchase bysuch other organizations or purchase of any other material as may be notifiedby the Government from time to time.
_____________________
1.Substituted by Act 4 of 2003 w.e.f. 27.3.2003.
2. Clause eand ee substituted by Act 21 of 2001 w.e.f. 25.8.2001.