The Punjab Transparency in Public Procurement Act, 2019.
punjab · 2019
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Punjab Transparency in Public Procurement Act, 2019
- S. 2Section defines key terms for procurement processes under the Punjab Transparency in Public Procurement Act, 2019.
- S. 3Section 3 defines "procuring entity" for the Punjab Transparency in Public Procurement Act, 2019, specifying various government entities subject to its provisions.
- S. 4Section exempts certain procurements from the Act's provisions, including low-value, emergency, election, security, and specific company transactions.
- S. 5Section 5 mandates procuring entities to ensure efficiency, transparency, fair treatment, competition, and anti-corruption in public procurement.
- S. 6Section 6 mandates procurement entities to maintain and retain detailed records of procurement proceedings for audit and review purposes.
- S. 7Section 7 prohibits officers, employees, and participants in procurement from violating the code of integrity, which bans corruption, collusion, and unfair practices.
- S. 8(1) The procuring entity shall to begin with determine the need for the subject matter of procurement
- S. 9(1) The procuring entity shall prepare an annual procurement plan before/at the beginning of every financial year
- S. 10Section 10 mandates procuring entities to get financial approval before starting procurement and prohibits splitting procurement to avoid obligations, except with approval for efficiency.
- S. 11Section 11 mandates procuring entities to set and aim to meet a reasonable time frame for procurement stages, with extensions recorded if not met.
- S. 12Section 12 outlines procurement descriptions in documents to meet essential needs, be objective, and avoid favoring specific brands.
- S. 13Section 13 prohibits discriminatory procurement practices but allows mandatory procurement for domestic industry, socio-economic policies, or public interest reasons.
- S. 14Section 14 outlines the eligibility criteria for bidders in procurement processes under the Punjab Transparency in Public Procurement Act, 2019.
- S. 15Section 15 allows procuring entities to either use a single envelope or two separate envelopes for bids, depending on the procurement's complexity.
- S. 16Section 16 outlines the pre-qualification process for bidders in public procurement in Punjab.
- S. 17Section 17 allows the procuring entity to assess a bidder's capacity post-bidding if pre-qualification wasn't done, and reject bids if criteria aren't met.
- S. 18Section 18 establishes panels of registered bidders for consistent procurement needs and outlines procedures for bidder registration and updates.
- S. 19(1) A procuring entity shall use such standard bidding documents, as may be prescribed, for the purpose of procurement
- S. 20Section 20 mandates a procuring entity to set a reasonable bid submission deadline, considering bidder preparation time and procurement plan.
- S. 21(1) Any bidder may, in writing, seek clarifications from the procuring entity in respect of the bidding documents
- S. 22Section 22 mandates that procuring entities must publish changes to bidding documents and may extend bid submission deadlines to accommodate bidders.
- S. 23Section 23 outlines the process for bidding, including committee formation, in compliance with rules.
- S. 24Section 24 outlines conditions under which a procuring entity can exclude bids in Punjab's Transparency in Public Procurement Act, 2019.
- S. 25Section 25 allows a procuring entity to cancel a procurement process for specific reasons, including failure to sign a contract or bidder's conviction.
- S. 26Section 26 allows the blacklisting of bidders for corruption or contract breaches, with automatic disqualification for those already debarred by other governments.
- S. 27Section 27 outlines various procurement methods and mandates e-procurement for compliance under the Punjab Transparency in Public Procurement Act, 2019.
- S. 28Section 28 mandates open competitive bidding as the preferred procurement method, with exceptions and specific procedures for other methods.
- S. 29Section 29 allows procuring entities to use limited bidding for specific procurements under certain conditions.
- S. 30Section 30 allows single source procurement under specific conditions like exclusivity, urgency, or national security.
- S. 31Section 31 allows procuring entities to use two-stage bidding for procurements where detailed specifications are infeasible or subject to rapid changes.
- S. 32Section 32 allows procuring entities to use reverse auctions for competitive procurement if certain conditions are met.
- S. 33Section 33 allows procuring entities to use request for quotations for certain low-value, readily available, or urgently needed goods and services.
- S. 34Section 34 allows urgent or fluctuating-price procurements via competitive negotiations, with specific procedural rules.
- S. 35Section 35 allows procuring entities to use rate contracts for repeated procurement needs, detailing the procedure and evaluation criteria.
- S. 36(1) The Government of India hosts an online Government e-Market Place (GeM) on pilot basis, for common use goods and ser
- S. 37Section 37 allows procuring entities to use the Swiss Challenge method for procurement under prescribed conditions.
- S. 38The section allows the State Government to add conditions for specific procurement methods to ensure transparency and accountability.
- S. 39Section 39 outlines criteria and methods for evaluating bids in procurement, including price, operational costs, and bidder qualifications.
- S. 40Section 40 prohibits price negotiations in procurement except in specific exceptional cases, typically favoring the lowest bidder.
- S. 41Section 41 outlines the terms and conditions for procurement contracts in Punjab, including standard terms prescribed by the State Government.
- S. 42Section 42 outlines criteria for determining successful bids in public procurement in Punjab, including price-based and non-price factors, and mandates bid acceptance communication.
- S. 43Section 43 mandates the establishment of a State Public Procurement Portal for transparent procurement information publication.
- S. 44Section 44 prohibits procuring entities from disclosing certain information that could harm enforcement, national security, or commercial interests.
- S. 45Section 45 establishes a Directorate to oversee public procurement, train officials, and enforce the Act's provisions.
- S. 46Section 46 deems officers and employees of procuring entities under the Act as public servants per the Indian Penal Code.
- S. 47Section 47 provides immunity from legal proceedings for actions taken in good faith under the Punjab Transparency in Public Procurement Act, 2019.
- S. 48Section 48 mandates audits to report on compliance with the Punjab Transparency in Public Procurement Act for all procurements.
- S. 49Section 49 allows aggrieved bidders to appeal against procurement entity decisions, with designated officers making final binding decisions.
- S. 50Section 50 specifies that no appeal can be made against certain procurement decisions by the procuring entity.
- S. 51Section 51 penalizes public procurement officials for accepting bribes in procurement processes with imprisonment and fines.
- S. 52Section 52 penalizes interference, unfair practices, and anti-competitive behavior in procurement processes with imprisonment and fines.
- S. 53Section penalizes filing vexatious appeals or complaints to delay procurement, with fines up to ₹20 lakh or 5% of procurement value.
- S. 54Section 54 makes company officers liable for offenses committed by the company if they were in charge or if the offense was with their consent or due to their neglect.
- S. 55Section 55 penalizes anyone who aids in an offense under the Punjab Transparency in Public Procurement Act, 2019.
- S. 56Section 56 debars bidders convicted of corruption or serious offences from participating in public procurement for up to three years.
- S. 57Section 57 prohibits courts from hearing offenses under the Act without prior sanction from the relevant government or authority.
- S. 58Section 58 ensures the Act complements, rather than overrides, existing laws.
- S. 59Section 59 allows any payable sum under the Act to be recovered as land revenue arrears under the Punjab Land Revenue Act, 1887.
- S. 60(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this
- S. 61The section allows the State Government to issue guidelines to implement the Act and related rules.
- S. 62Section 62 allows the State Government to issue orders to address difficulties in implementing the Act, but only within two years of its commencement.
- S. 63Section 63 allows the State Government to exempt procurements from the Act's provisions if deemed necessary for public interest.
- S. 64Section 64 allows existing procurement rules to remain in effect until they conflict with or are replaced by new rules under the Act.