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Karnataka Transparency in Public Procurements Act, 1999 Complete Act

Title: Karnataka Transparency in Public Procurements Act, 1999

State: Karnataka

Year: 1999

..... Section 10 - Tender Scrutiny Committee Section 11 - Opening of Tenders Section 12 - Duties of Tender Inviting Authority Section 13 - Acceptance of Tender Section 14 - General rejection of tenders Section 15 - Power to give directions Section 16 - Appeal Section 17 - Power to obtain information Section 18 - Power to call for records Chapter 3 Section 19 - Officers deemed to be Public Servants Section 20 - Immunity for action taken in good faith Section 21 - Bar of Jurisdiction of Courts Section 22 - Act to override other laws Section 23 - Penalty Section 24 - Power to remove difficulties Section 25 - Power to make rules Section 26 - Savings Section 27 - Repeal and savings

Karnataka Transparency in Public Procurements Act, 1999 Preamble 1

Title: Karnataka Transparency in Public Procurements Act, 1999

State: Karnataka

Year: 1999

THE KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENTS ACT, 19991 [Act, No. 29 of 2000] [10th December, 2000] PREAMBLE An Act to provide for ensuring transparency in public procurement of goods and services by streamlining the procedure in inviting, processing and acceptance of tenders by Procurement Entities, and for matters related thereto. WHEREAS it is expedient in public interest to render the process of procurement of goods and services by Procurement Entities transparent by streamlining the procedure in inviting, processing and acceptance of tenders. BE it enacted by the Karnataka State Legislature in the fiftieth year of the Republic of India as follows:- _____________________ 1. First Published in the Karnataka Gazette Extraordinary on the thirteenth day of December, 2000.

Karnataka Transparency in Public Procurements Act, 1999 Section 19

Title: Officers Deemed to Be Public Servants

State: Karnataka

Year: 1999

Every Officer acting under or in pursuance of the provisions of this Act or under a rule, order or notification made thereunder, shall be deemed to be a public servant within this meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).

Karnataka Transparency in Public Procurements Act, 1999 Chapter 1

Title: Chapter I

State: Karnataka

Year: 1999

.....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.....

The Orissa Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 1999 Complete Act

State: Orissa

Year: 1999

.....2001 (No. 1773)] An act further to amend the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. Be it enacted by the Legislature of the State of Orissa in the Fiftieth Year of the Republic of India as follows:" 1. Short title. This Act may be called the Orissa Public Premises (Eviction of unauthorised Occupants) Amendment Act, 1999. 2. Amendment of section 9. In section 9 of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972, for clause (1) of sub-section (1), the following clause shall be substituted, namely:" "(i) In respect of any public premises situated within Cuttack and Bhubaneswar Municipal areas and owned by the General Administration Department of the Government to an appellate authority who shall be the Director of Estates or such other officer including the Additional Director of Estates as the Government may by notification specify in this behalf; and''. Orissa State Acts

Karnataka Transparency in Public Procurements Act, 1999 Chapter 2

Title: Regulation of Procurement

State: Karnataka

Year: 1999

.....procurement unnecessary or impossible and report the same to the Procurement Entity. (2) The Procurement Entity shall thereafter communicate the fact of the rejection under this section to all the Tenderers and also cause the same to be published in the Tender Bulletin. Section 15 - Power to give directions It shall be competent for the Government to give appropriate directions to the Procurement Entity or the Authorities under this Act in order to secure and maintain transparency at any stage of the process of procurement, and it shall be duty of the Procurement Entity or such authority to comply with the directions. Section 16 - Appeal (1) Any tenderer aggrieved by an order passed by the Tender Accepting Authority other than the Government under section 13 may appeal to the prescribed authority within thirty days from the date of receipt of the order: Provided that the prescribed authority may, in its discretion allow further time not exceeding thirty days for preferring any such appeal, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. (2) The prescribed authority may after giving opportunity of being heard to.....

Karnataka Transparency in Public Procurements Act, 1999 Section 2

Title: Definitions

State: Karnataka

Year: 1999

.....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.....

Karnataka Transparency in Public Procurements Act, 1999 Section 4

Title: Exceptions to Applicability

State: Karnataka

Year: 1999

.....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.....

Karnataka Transparency in Public Procurements Act, 1999 Section 12

Title: Duties of Tender Inviting Authority

State: Karnataka

Year: 1999

.....bulletin Officerconcerned immediately after issue of the notice; (c) to cause publication ofnotice inviting tenders in the prescribed manner; and (d) to supply the Schedule ofRates and Tender Documents to every intending tenderer who has applied to getsuch documents. (2) The Tender InvitingAuthority shall take out notices, communications and publications required tobe taken out under this section in such form, in such manner, by such mode andat such time and interval as may be prescribed and different manner and mode ofpublication may be prescribed for different procurements depending on the valueof the procurement. (3) The Tender InvitingAuthority shall collect all the details received in response to the noticeinviting tender, within the time stipulated and unless it is itself authorisedto open the tender shall compile and forward all the tenders received to theAuthority or Officer authorised to open the tenders.

Karnataka Transparency in Public Procurements Act, 1999 Chapter 3

Title: Miscellaneous

State: Karnataka

Year: 1999

.....to exercise powers or perform the functions under the Act in respect of anything which is in good faith done or intended to be done under this Act. Section 21 - Bar of Jurisdiction of Courts Save as otherwise provided in this Act no order passed or proceedings taken by any officer or authority under this Act shall be called in question in any court, and no injunction shall be granted by any court in respect of any action taken or to be taken by such officer or authority in exercise of powers conferred on him or it, by or under this Act. Section 22 - Act to override other laws The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage, agreement, decree or order of a Court or a Tribunal or other Authority. Section 23 - Penalty Whoever contravenes the provisions of this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. Section 24 - Power to remove difficulties If any difficulty arises in giving effect to the provisions of this Act,.....