Registered No. - 768 /97 পঞ্জীভুক্ত নম্বৰ - ৭৬৮/৯৭
অসম ৰাজপত্র
सत्यमेव जयते
THE ASSAM GAZETTE
অসাধাৰণ
EXTRAORDINARY
প্ৰাপ্ত কর্তৃত্বৰ দ্বাৰা প্ৰকাশিত
PUBLISHED BY THE AUTHORITY
নং 76 দিশপুৰ, শনিবাৰ , 18 মার্চ, 2017, 27 ফাগুন, 1938 (শক)
No. 76 Dispur, Saturday, 18th March , 2017 , 27th Phalguna, 1938 ( S.E. )
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
ASSAM LEGISLATIVE ASSEMBLY SECRETARIAT
NOTIFICATION
The 6th March, 2017
No. LLE 26/2017/91.- The following Bills introduced before the House on 6th March , 2017 together with the Statement of Objects and Reasons are to be published under Rule 71 of the Rules of Procedure and Conduct of Business in Assam Legislative Assembly for General information.
LIST OF BILLS :
1. The Assam Education (Provincialisation of Services of Teachers and Re - organisation of Educational Institutions) Bill , 2017.
2. The Assam Public Procurement Bill , 2017
3. The Assam Junior Colleges (Provincialisation ) (Amendment) Bill , 2017
4. The Deori Autonomous Council (Amendment) Bill , 2017
5. The Mising Autonomous Council (Amendment) Bill , 2017
6. The Rabha Hasong Autonomous Council ( Amendment ) Bill , 2017
7. The Sonowal Kachari Autonomous Council ( Amendment) Bill , 2017
8 . The Thengal Kachari Autonomous Council (Amendment) Bill, 2017 THE ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE - ORGANISATION OF EDUCATIONAL INSTITUTIONS) BILL , 2017
A
Bill
to provincialise the services of the teachers of the Venture Educational Institutions and also to re - organise and streamline the Educational Institutions up to degree level in the State ofAssam .
Preamble
Whereas it is expedient to provincialise the services of the teachers of the Venture Educational Institutions and also to re - organise and streamline the Educational Institutions up to Degree Level in Assam so as to conform to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions in the State ofAssam;
It is hereby enacted in the Sixty- eighth Year of the Republic of India asfollows: -
1.
Short title, extent and commencement .
(1) This Act may be called The Assam Education (Provincialisation of Services of Teachers and Re - Organisation ofEducational Institutions) Act, 2017 .
(2) Itextends to the whole of Assam .
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint and different dates may be appointed for different provisions of the Actor for different category of educational institutions .
Definitions
2.
In this Act , unless the context otherwise requires , -
Assam Act No. XVII of 1984 (a) "Assam Higher Secondary Education Council " or "AHSEC " means the Assam Higher Secondary Education Council constituted under the provisions of the Assam Higher Secondary Education Act , 1984;
(b) "Block Elementary Education Officer " means the Block Elementary Education Officer in the concerned Block;
Assam Act No. XXV of 1961 (c) "Board of Secondary Education , Assam " or " SEBA " means the Board of Secondary Education , Assam constituted under the provisions of the Assam Secondary Education Act , 1961;
(d) "Base School " means either an existing provincialised or a Venture Educational Institution identified for the purpose of provincialisation of services of teachers and/or tutors , as the case may be , within the radius of 1 km in case of Lower Primary schools , within the radius of 3 kms in case of Upper Primary schools , within the radius of 5 kms in case of High Schools or High Madrassas and within the radius of 7 kms in case of Higher Secondary schools or Junior Colleges and which posses satisfactory norms and standards in relation to enrollment of students , adequate infrastructure and having DISE Code for the year 2009-2010 or before ;
(e) "Deputy Inspector of Schools" means the Deputy Inspector of Schools in the concerned Sub-division;
(f) "Director " means the Director of Elementary Education in case of a Primary or a Upper Primary School ; Director of Secondary Education in case of a High School or High Madrassa or a Higher Secondary School or a Junior College; and Director of Higher Education in case of a Degree College :
Provided that in case of amalgamated High or Higher Secondary Schools , where primary or upper primary education is also imparted, the Director would mean the concerned Director in respect of the teachers and matters concerning their service conditions and emoluments but for the purpose of administration and all other purposes the Director would mean the Director of Secondary Education;
(g) "District Elementary Education Officer " means the District Elementary Education Officer of the concerned district:
Provided that in case of newly created districts , the concerned district shall mean the erstwhile district until the District Elementary Education Officer for the newly created district is appointed .
(h) "District Scrutiny Committee" means the District Scrutiny Committee constituted under section 12 for each District to recommend names of Venture Educational Institutions along with the names of teachers and tutors whose services are considered eligible for provincialisation under this Act ;
(i) "DISE Code " means District Information System for Education Code prepared by the Sarba Sikhsa Abhijan , Assam and as available in the records of the National University of Educational Planning and Administration, New Delhi ;
(j ) " employee " means and includes all serving teachers and tutors as the case may be , of Venture Educational Institutions who have been appointed and joined in the concerned Venture whose services are being or would be provincialised under this Act;
(k) "Governing Body " means the Governing Body of a College or a Junior College approved by the appropriate authority as notified by the State Government, for carrying out the management of the College or the Junior College , as the case may be;
(1) " Inspector of Schools " means the Inspector of Schools in the concerned district and unless the context otherwise requires , it includes an Assistant Inspector of Schools of the same district:
Provided that in case of newly created districts , the concerned district shall mean the erstwhile district , until the Inspector of Schools of the newly created district is appointed;
Act No. 35 of Central 2009 (m) "Managing Committee " means the Managing Committee constituted under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 or the rules made thereunder in the case of a Primary or Upper Primary School and in case of High School , High Madrassa and Higher Secondary School , the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management of the concerned educational institution;
(n) "Mixed Medium School " means a Primary School ( both Upper Primary and Lower Primary) and a High School as defined in section 2 (za) , 2(zb ) and 2(x) respectively situated in the same campus imparting education in more than one medium like Assamese , Bodo etc ;
(o) "newly created district " means district created by the State Government by Notification in the Official Gazette on or after 01.01.2013;
(p) "provincialisation " means taking over the liabilities for payment of salaries including dearness allowance, medical allowances and such other allowances to the teachers and/ or tutors , as admissible to the Government servant of similar category and gratuity , pension, leave encashment etc. as admissible , under the existing rules to the Government servants serving under the Government of Assam;
(r) " State Government " means the State Government of Assam in the concerned Education Department i.e. Elementary Education Department in case of Primary and Upper - Primary Schools; Secondary Education Department in case of Secondary, Higher Secondary Schools and Junior Colleges ; Higher Education Department in case of Degree Colleges ;
(s) " State Level Scrutiny Committee " means the State Level Scrutiny Committee constituted under section 12 ( 10) to cause physical verification of the institutions as recommended by the District Scrutiny Committee for final recommendation in the matter of provincialisation;
Central Act No. 1993 ; Act No.3 of 1956 35 of 2009; Central Act No. 73 of Central (t) " teacher " means Teachers , Assistant Teachers , Classical Teachers and also includes Lecturers , Assistant Professors , Associate Professors , Professors , Principal , Vice - Principal , Demonstrator, Headmaster, Assistant Headmaster , Superintendent , Assistant Superintendent and any person of the teaching faculty working in the Venture Educational Institution having required educational and professional qualification as per norms and standards fixed by the Right of Children to Free and Compulsory Education Act, 2009 , National Council for Teachers Education Act , 1993 , University Grants Commission Act, 1956 and the relevant rules and regulations framed thereunder and any other Act as the case may be , as applicable on the day of provincialisation and whose services are provincialised under this Act in the post of teacher or in any other post in the teaching faculty but, not as tutor under this Act;
(u) " tutor" means and includes Teachers , Assistant Teachers , Classical Teachers and also includes Lecturers , Assistant Professors , Associate Professors , Professors , Principal , Vice- Principal , Demonstrator , Headmaster , Assistant Headmaster , Superintendent , Assistant Superintendent in a provincialised educational institution under this Act who are not eligible for provincialisation of their services and whose services cannot be provincialised in the post of Teacher under this Act due to lack of his /her educational and professional qualifications required as per the Right of Children to Free and Compulsory Education Act, 2009 , National Council for Teachers Education Act, 1993 , University Grants Commission Act, 1956 and the relevant rules and regulations framed thereunder and any other Act, as the
Act No. Central 35 of 2009; Central ActNo. 73 of 1993 , Central ActNo.3 however, his/her service is provincialised as tutor with separate terms and conditions of service , to be notified by the competent Administrative Department :
Provided that a tutor shall not be eligible to hold the post of Professors , Principal , Vice-Principal , Headmaster , Assistant Headmaster , Superintendent , Assistant Superintendent , as the case may be, in an educational institution provincialised under this Act;
(v) "University " means the Universities which have got the status of an affiliating University under the relevant Acts constituting such Universities ;
(w) "Venture Degree College " means a Degree College imparting education beyond Higher Secondary stage established by the people of the locality prior to 1.1.2006 and which has also received affiliation up to the highest class from the concerned University and concurrence from the State Government on or before 1.1.2006 and whereof the services of teachers have not been provincialised under any Act enacted by the State legislature so far;
(x) " Venture High School" means High School imparting education up to class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far;
(y) "Venture Higher Secondary School " means a Higher Secondary School imparting education up to Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government on or before 01.01.2006 and whereof the services of teachers have not been provincialised under any Act earlier enacted by the State legislature so far;
(z) "Venture Junior College " means a Venture Junior College established by the people of the locality prior to 1.1.2006 which has received concurrence from the Government and permission from the Assam Higher Secondary Education Council on or before 01.01.06 and whereof the services of teachers have not been provincialised under any Act earlier enacted by the State (za) " Venture ME School " including " Venture ME Madrassa " means an Upper -Primary School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 01.01.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far:
Provided that the DISE Code shall have to be issued on orbefore 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution;
(zb) "Venture Lower Primary School " or "Venture LP School " means a School imparting education up to Class V and established by the people of the locality prior to 1.1.2006 whose name figure in the DISE Code up to 2009-10 and prior to that and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far:
Provided that the DISE Code shall have to be issued on or before 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution;
(zc) "Venture Upper Primary School " means a School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 01.01.2006 and captured in the DISE Code up to 2009- 10 and whereof the services of the teachers have not been provincialised under any Act enacted by the State legislature so far;
Provided that the educational institutions which are running professional courses and private institutions run with the fees received from the students shall not come within the purview of the definition of Venture Educational Institution under this clause.
3. (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Educational Institutions shall be eligible for being considered for provincialisation of the services of their teachers and tutors: - (i) The Venture Educational Institutions which have been Eligibility criteria for selection of educational institution for provincialisation ofservices of teachers/ tutors .
established and had obtained the required permission , recognition, affiliation, concurrence , as the case may be , up to the last and highest class required for the concerned institution from the respective competent Authority or Authorities on or before 1.1.2006 : Provided that the order for such permission, recognition, affiliation, concurrence etc. shall have to be issued on or before 01.01.2006 and any order issued thereafter with any retrospective effect, shall not be considered for the purpose of provincialisation of services of any teacher and tutor , as the case may be, of the institution;
Central Act No. 35 of 2009;
Assam Act No. IV of 2007 (ii) The land, building and other infrastructure of such Venture Educational Institutions in case of Venture Primary and Upper Primary Schools shall be as far as practicable at par with the provisions under the Right of Children to Free and Compulsory Education Act , 2009 and Rules framed there under; Venture Educational Institutions in the case of Venture Secondary and Higher Secondary Schools and Junior Colleges shall be as far as practicable at par with the provisions under Assam Non- Government Educational Institutions (Regulation and Management ) Act, 2006 and Rules framed thereunder , and in case of Degree Colleges , same shall be as per norms set by University Grants Commission.
(iii) The concerned Venture Educational Institution must have land in the name of the Institution with clear and exclusive title and possession over the land before 01.01.2006 and no lease or rent or donor agreement executed at any point of time, shall not be considered in any manner for this purpose:
Provided that in case of institutions situated in Forest area, Forest Possession Certificate from the competent Forest Authority certifying that the institution has been in possession of Forest Land prior to 01.01.2006 and in case of institutions situated in Tea Gardens , certificate from Tea Garden Authority certifying that the institution has been in possession of Tea Garden Land prior to 01.01.2006 , shall have to produced by the concerned educational institution before the District Scrutiny Committee constituted under Section 13 .
(iv) Venture Educational Institutions has a minimum total enrolment of 30 students if it is a Venture Primary or Upper Primary School as on the date of coming into force ofthis Act;
(v) The Venture Educational Institutions has a minimum total enrolment of 25 students in class -X, if it is a Venture High School; 25 students in Class -XII if it is a Venture Higher Secondary School or a Venture Junior College ; 30 students in the Final year of Three Year Degree Course , if it is a Venture Degree College , as on the date of coming into force of this Act;
(vi ) In case of a Venture High School or a Venture Higher Secondary School or a Venture Junior College or a Venture Degree College, the concerned Venture Educational Institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination as a whole must have passed in the last three consecutive examinations held during previous three consecutive years prior to the date of coming into force of this Act .
(vii) In addition to the provision under clause (v ) above , at least 10 students must have appeared in the last final examination in any subject in case of Venture High School, Venture High Madrassa, or Venture Higher Secondary School or Venture Junior College . At least 15 students in any subject must have appeared in case of Venture Degree College in the last final examination.
(viii) In case of Venture ME School , there must be one Science teacher or tutor to teach Science and Mathematics Secondary School , Venture Junior College , there must be one teacher or tutor to each core subject i.e. Mathematics , Science, English, MIL and Social Studies ;
(ix) There shall be additional post in the same subject in Venture Higher Secondary School , Venture Junior College and Venture Degree College , if the minimum students appearing in the last final examination of the highest class for that subject exceeds eighty in each class for the second post and exceeds 150 in each class for the third post ;
Central 35 of Act No. 2009 (x) Two numbers of teachers and /or tutors of the Venture LP School shall be provincialised under this Act and their services shall be merged with the Base School identified in respect of the area wherein the said venture school was situated. After so merger in the Base School , the minimum number of teacher as specified in the schedule of the Right of Children to Free and Compulsory Education Act, 2009 shall be followed. The deficit in number of post of teacher in the Base School shall be filled up in accordance with the norms and standards of the said Act and following the provision of relevant Act and Rules in force for filling up ofvacant post.
(xi ) In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b ) Social Studies and (c) Languages:
Central Act No. 35 of 2009
Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 .
(xii) The enrolment shall be verified with the data as per DISE Code 2009-10 or before as available in the records of the National University of Educational Planning and Administration, New Delhi . There shall be physical verification of students and checking of records of attendance of students of last three years .
(xiii) In case of mixed medium school for provincialisation of teacher and /or tutor each medium of instruction of such school shall be treated as a separate school except for the post ofHead of the institution who shall be the Head of the Institution in respect of both the schools .
Central ActNo.3 of 1956; Central Act No. 73 of (2) In case of a Venture Degree College and a Venture Higher Secondary School or a Venture Junior College the eligibility criteria specified in sub - section (1 ) above regarding date of recognition, affiliation or concurrence , minimum enrolment and performance would mean in respect of each of the subjects with or without 'Major' as the case may be , and the services of the teachers appointed or engaged in connection with such subject or subjects shall be considered for provincialisation under the provisions of this Act, only if the specified eligibility criteria as per University Grants Commission Act , 1956, National Council for Teachers Education Act , 1993 and relevant rules and regulations framed thereunder , as the case may be , as applicable on the date of provincialisation, are satisfied and 1993 having sufficient enrolment in the concerned School or Colleges including in the concerned subject .
Central Act No. 35 of 2009
Assam Act No. IV of 2007 (3) The concerned Venture Educational Institution must have the required infrastructure as specified by the concerned University to which the College is affiliated in case of Venture Degree Colleges; and as specified in the Schedule of the Right of Childrento Free and Compulsory Education Act, 2009 as far as practicable and having DISE Code for the year 2009-2010 or prior to that in case of Venture Primary or Upper Primary School and in case of all other Educational Institutions , the concerned institution must have the required infrastructure as specified in section 10 of the Assam Non-Government Educational Institutions (Regulation and Management ) Act , 2006 as far as practicable.
Act No. 35 of Central 2009
Assam 2007 Act No. IV of (4) Subject to the provisions of the Statutes , Ordinances and Regulations made by the concerned affiliating University , in case of a Venture Degree College ; subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009, in case of a Venture Primary or Venture Upper Primary School ; and, in case of all other institutions , subject to the provisions of the Assam Non-Government Educational Institutions (Regulation and Management ) Act , 2006, if an educational institution which does not fulfill the eligibility criteria as stated herein above on the date of coming into force of this Act, such institution, shall not be eligible to be considered for provincialisation of the services of its teachers , but, may be allowed to run as a Private Institution or a Non- fulfillment of other statutory norms in force .
(5) If any Venture Educational Institution established and administered under Article 30 of the Constitution of India prefers to come under the ambit of this Act and if the services of teachers of such institutions are provincialised under this Act, such institutions shall not remain under the ambit of the provisions of Article 30 of the Constitution of India with effect from the date of such provincialisation.
(6) (a) The Government of Assam shall identify Base School for the purpose of provincialisation of services of teachers of the Venture Educational Institutions so as to fulfill the norms and standards required for providing educational institutions within a specified area as follows: -
(i) at least one Lower Primary School within a radius of 1 Km;
(ii) at least one Upper Primary School within a radius of 3 Kms;
(iii) at least one High School or High Madrassa within a radius of5 Kms; and
(iv) at least one Higher Secondary School or Junior College within a radius of 7 Kms .
(b) If any Provincialised School already exists within the aforesaid radius , the existing Provincialised School shall be identified as the Base School at the exclusion of a Venture Educational Institution within the said radius:
Provided that in case of two or more existing provincialised Educational Institutions within the radius of the area as specified in clause (a) , the District Scrutiny Committee shall identify only one of such educational institutions as the Base School, considering the existing infrastructure and other amenities and facilities available in such educational institution.
(7) All the Teachers including Tutors and the students of an Educational Institution provincialised under this Act shall be merged with the Base School , to fulfill and maintain norms and standard of Educational Institution including Pupil Teacher Ratio (PTR) and all other Statutory requirements for the purpose to re- organise in education sector in all levels . The Base School can be an existing provincialised School or it may be a Venture Educational Institution eligible for provincialisation under this Act having adequate infrastructure:
preferred over a Venture Educational Institution for identification as a Base School .
(8) Educational institution which are running professional courses and private institution run with the fees realised from the students shall not be considered for provincialisation of services ofthe teachers under this Act .
(9) Save and except an institution covered under Article 30 of the Constitution of India which is already getting financial assistance or grants - in -aid from the Government, no other Private or Non-Government educational institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date of coming into force of this Act.
(10) If any eligible Venture Educational Institution intends to remain outside the purview of provincialisation of services of their teachers and/ or tutors under this Act, such institution shall give their option in writing expressing their intention to remain outside the purview of this Act, before the District Scrutiny Committee within one year from the date of coming in to force ofthis Act .
4.
Teachers and/ or tutors to be government servants .
(1) Subject to fulfillment of all other provisions of this Act, the services of the teachers and/ or tutors of all Venture Educational Institutions eligible under section 3 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the Official Gazette and they shall become employees of the State Government with effect from such date .
(2) The teachers and/or tutors to be provincialised under this Act , -
(i) must have been working as a teacher in the concerned Venture Educational Institution that have been fully recognized up to the last and highest class required for such Institution by the competent authority on or before 01.01.2006;
(ii) must have minimum educational and professional qualifications as laid down under different Acts , Rules and Regulations as mentioned under section 6 or any other relevant statutory provisions , as the case may be;
(iii) must have rendered at least six years continuous service as on 1.1.2017 from the date of joining in the concerned 31.12.2010 or prior to that date .
(iv) in case of teachers and/ or tutors of the Schools for special subject like Sanskrit, Arabic , Hindi , Craft Teacher, Music Teacher and other Classical Teachers , the number of students appeared in the concerned final examination like HSLC and HS ( 10 + 2) conducted by the SEBA or the ASHEC , as the case may be , shall not be less than 10 students in each class per year during last three years .
5.
Land, building etc to vest with the Government .
(1) With effect from the date of provincialisation of the services of the teachers and/or tutors of the Venture Educational Institutions under this Act, the land , building and other assets of the concerned educational institution shall vest with the Government.
(2) In case of merger/or amalgamation of one educational institution with other educational institution, the land , building and other assets vacated by any such merged educational institution shall be used by the Government for other suitable purpose whatsoever .
Professional qualification of teachers. Educational and 6. (1) The services of teachers in a Venture Educational Institution from the Primary level up to the Degree Level , shall be considered for provincialisation in the post of teachers or relevant teaching faculty in appropriate nomenclature , as the case may be, subject to fulfillment of the eligibility criteria relating to educational and professional qualifications as laid down under the following Acts , Rules and Regulations: -
Central Act No. 35 of 2009;
(a) The Right of Children to Free and Compulsory Education Act, 2009 and its Rules;
Central Act No. of 1993;
(b) The National Council for Teachers Education Act, 1993 and its Regulations in force at the time of 73 provincialisation of services .
(c) The Assam Secondary Education (Provincialised) Service Rules , 2003 , as amended in 2012;
Central ActNo. 3 of1956 (d) The University Grants Commission Act, 1956 and University Grants Commission Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, framed thereunder , as the case may be .
(2) The services of a teaching employee in a Venture Educational Institution shall be considered for provincialisation as teacher only if they have the requisite academic and professional qualifications prescribed under the relevant Acts , Rules or Regulations as mentioned in sub- section ( 1 ) of this section which are applicable for the time being in force , otherwise their services shall be provincialized as tutor .
(3) In case of teachers for special subjects like Sanskrit , Arabic , Hindi , Craft Teacher , Music Teacher , and any other Classical Teachers , the qualification should be as per the qualification prescribed by the relevant statutory Rules of the State Government in force .
7 .
Educational and Professional qualification of tutor.
(1) The tutor must acquire the prescribed educational and professional qualifications within a period of five years from the date of publication of the order of provincialisation of services of the teachers and or tutors of the concerned Venture Educational Institutions in the Official Gazette and after acquirement of required qualification, they shall be upgraded to the post of teacher in appropriate cadre .
(2) If such tutor fail to acquire such prescribed qualifications within a period of five years from the date of publication of the order of provincialisation in the Official Gazette , their cases shall not be considered for up - gradation to the post of teacher after the lapse of a period of five years from the date of publication of provincialisation order in the Official Gazette and they shall continue to function as tutor as per same terms and conditions which were applicable to them before provincialisation of the concerned Venture Educational Institution.
8.
Terms and conditions of service.
(1) Subject to the provisions of this Act and the Rules made hereunder all rules including service rules and rules of conduct and discipline which are applicable to State Government servant of corresponding ranks , shall be applicable to all teachers of educational institution whose services have been or to be provincialised under the provisions of this Act .
(2) The teachers whose services have been provincialised under this Act shall get full scale of pay and such emoluments as salary and allowances as per norms of the State Government applicable to the employees of the corresponding rank with effect from the date of provincialisation of their services , as if whatsoever in respect of past services rendered by them before provincialisation and in respect of pension , they shall be governed by the New Pension Scheme applicable to the State Government teachers of the corresponding rank .
(3) For the tutors whose services are provincialised as tutors under this Act, their scope of work and other condition of service shall be notified by the concerned administrative department separately . The emoluments for tutor shall be paid at the rate as specified in the Schedule appended to this Act subject to the condition that the enhanced emoluments after 2(two ) years as per schedule shall be admissible in respect of a tutor on submission of a satisfactory performance report by the head of the concerned educational institution to the Drawing and Disbursing Officer after completion of 2 (two ) years service from the date of provincialisation . In the event of subsequent acquirement of educational and professional qualification by such tutors within 5 years from the date of provincialisation of the services of teachers in the concerned Venture Educational Institution , they shall be eligible for upgrading their posts as teachers . In the event of failure in acquiring required qualification within five years from the date of provincialisation of the Venture Educational Institutions , he shall continue as a tutor only under the terms and conditions of service including their salary and allowances as may be notified by the Government under sub - section(4 ) of this section.
(4) The scope of work and other terms and conditions of service of the tutors shall be notified by the respective administrative departments separately.
(5) The teachers , who have completed sixty years of age as on the date of coming into force of this Act , shall be deemed to have retired with effect from that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and retirement benefits for services already rendered by them in such educational institutions before the date of provincialisation .
(6) The teachers and tutors provincialised under this Act shall hold personal posts to be created for provincialisation of their services . These posts shall be outside the cadre which shall stand abolished on cessation of services by the concerned teacher or tutor , as the case may be , due to retirement , death , With effect from the date of publication of the notification under sub - section (1 ) of section 4, the administration, management and control of all provincialised educational institutions coming within the purview of this Act shall vest in the State Government .
Management of 9 . the educational institution where services of teachers are provincialised.
10.
Central Act No. 35 of 2009 The constitution, composition, powers , functions and duties of the Managing Committee in respect of the Primary and Upper Primary Schools shall be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the rules made thereunder .
Managing committee in respect of primary/ upper primary schools .
11.
Managing committee /governing body in respect of other educational institutions .
( 1 ) The State Government or an officer authorized by the State Government not below the rank of a District Elementary Education Officer in case of Elementary Schools or the Inspector of schools of the District in case of High School, High Madrassa, Higher Secondary School by order passed in that behalf shall constitute a Managing Committee in respect of High School , High Madrassa or Higher Secondary School and a Governing Body in respect of a Junior College.
(2) The State Government or an Officer authorized by the State Government not below the rank of the Director of Higher Education, in case of Degree College , shall constitute a Governing Body in respect of a Degree College.
(3) The Governing Body and the Managing Committee , as the case may be, of such institutions shall exercise such powers and shall perform such functions as specified in the relevant Acts and rules prescribed thereunder .
(4) The State Government or the officer so authorized by the State Government may, re - constitute the Managing Committee or the Governing Body, as the case may be , as may be required under the relevant statutory provision.
(5) The composition of the Managing Committee or Governing Body, as the case may be, shall be such as provided in the relevant Act , rules or orders etc. in respect of the concerned Educational Institution.
(6) Subject to overall control and supervision of the Director , all teachers and/ tutors whose services are or would be provincialised under this Act , shall be accountable and remain subject to the control of the Managing Committee or the Governing Body, as the case may be .
(7) All teachers , whose services have been provincialised under this Act, shall render their services under the control and supervision of the Head of the Institution and if so reovired their services may be utilized in the lower classes also , for smooth running of the concerned Educational Institution .
12.
Amalgamation/ merger and shifting or expansionof educational institution.
(1) In appropriate cases , if there is already an existing educational institution nearby , and the enrolment of the students do not justify for more than one institution in the same locality , or there are other sufficient reasons so to do , the State Government, in the public interest and for reasons to be recorded in writing may , order for transfer or shifting of the institution and the incumbents of the institution from one place to another , or may order amalgamation or merger of two or more existing institutions as per Siksha Khetra Scheme.
(2) In appropriate cases , if the State Government is of the view that an existing educational institution needs be expanded so as to have more classes , the State Government may , by order , make expansion of an existing educational institution from Primary to Upper-Primary and from Upper -Primary to Secondary and Secondary to Higher Secondary or reverse the said educational institutions to a lower level in the case of lose or absence of such necessity of more classes in any such Educational Institution.
(3) All incumbents whose services have been provincialised under the provisions of this Act and who are working in one of the schools in respect of which an order under sub - sections ( 1 ) and (2) above has been passed , shall be liable to be transferred and posted in any other provincialised institution in the same rank andgrade.
(4) All teachers working in a higher grade in an institution in respect of which an order under sub - section (2) has been passed may be required to teach in the lower classes also .
13.
District Scrutiny Committee and State Level Scrutiny Committee.
(1) There shall be District Scrutiny Committees in each district separately for Elementary , Secondary and for Higher Education to scrutinize service records and other related issues of the serving teachers of Venture Educational Institutions pertaining to provincialisation of their services .
(2) The Deputy Commissioner of the District , by an order , shall constitute the District Scrutiny Committee for the respective district under preceding sub - section:
Provided that in case of newly created districts , the Deputy Commissioner of the erstwhile district with the help of Deputy commissioner of the newly created district shall scrutinize all cases of entire erstwhile district.
(3) The District Scrutiny Committee for Higher Education shall be constituted with the following members , namely: -
(i ) The-Deputy Commissioner or his nominee not below the rank of Additional Deputy Commissioner of the concerned district --- Chairman;
(ii) The Inspector of Schools of the concerned district ------- Member- Secretary;
(iii) One nominee of the Deputy Commissioner of newly created district if the institution falls within the jurisdiction of the newly created district; Member;
(iv) One Principal of College situated within the district to be nominated by the Inspector of Schools ---- Member;
(v) One retired Principal of College of the concerned district to be nominated by the Inspector of Schools ---Member ;
(vi) One eminent person in the field of education who is an ordinary resident of the concerned district to be nominated by the Deputy Commissioner-Member .
(4) The District Scrutiny Committee for Secondary Education shall be constituted with the following members , namely: -
(i) The Deputy Commissioner or his nominee not below the rank of Additional Deputy Commissioner of the concerned district --- Chairman;
(ii) The Inspector of Schools of the concerned district ------- Member - Secretary;
(iii ) One nominee of the Deputy Commissioner of newly created district if the institution falls within the jurisdiction of newly created district ; Member;
(iv) One Principal of Junior College situated within the district to be nominated by the Inspector of Schools ---- Member;
(v) One Principal of Provincialised Higher Secondary School situated in the district to be nominated by the (vi) One Headmaster of Provincialised High School /High Madrassa situated within the district to be nominated by the Inspector of Schools - Member;
(vii) One eminent person in the field of education who is an ordinary resident of the District to be nominated by the Deputy Commissioner-Member;
(viii) One retired Principal/Headmaster of an Educational Institution situated within the district to be nominated by the Inspector of Schools ---Member .
(5) The District Scrutiny Committee for Elementary Education shall be constituted with the following members , namely: -
(i ) The Deputy Commissioner or his nominee not below the rank of Additional Deputy Commissioner of the concerned district --- Chairman;
(ii ) The District Elementary Education Officer of the concerned district---Member - Secretary;
(iii ) One representative of the Deputy Commissioner of the newly created district if the institution falls within the jurisdiction of newly created district------Member;
(iv) The Deputy Inspectors of Schools of all Sub-divisions within the concerned district----Members ;
(v) The Block Elementary Education Officer of all Blocks within the concerned district-----Members ;
(vi) One eminent person in the field of education who is an ordinary resident within the district to be nominated by the Deputy Commissioner ----- Member .
(6) The District Scrutiny Committee shall first scrutinize and prepare a list of all Venture Educational Institutions within the district , which are eligible in terms of the provisions of this Act and shall thereafter proceed to scrutinize and verify the service records of all the serving teachers, who are eligible or would become eligible for being considered for provincialisation of their services . The District Committee shall identify a Base School for each category of school and recommend the name of teacher/ tutor to be associated against each Base School .
for the concerned Department of the State Government consideration and for issuing Notification in respect of the eligible institutions and teachers eligible for getting their services provincialised .
(8) The District Scrutiny Committee shall have the powers to inspect physical existence of school and to inspect all documents and records produced before it and call for such further records and documents as may be required for the purpose of causing verification and scrutiny and examine witnesses for the purpose , if considered necessary and while doing so it shall have the powers of a Civil Court for the purpose of compelling attendance of persons and production of documents.
(9) The State Government may, for reasons to be recorded in writing, by an order re -constitute the District Scrutiny Committee or may change in its composition, if the circumstances so warrant , from time to time .
(10) There shall be one State Level Scrutiny Committee at State level for verification of recommendation received from the District Scrutiny Committees with the following member , namely : -
(i) Director of the concerned Department of Education- Chairman .
(ii) Joint Director/Deputy Director of the concerned Directorate- Member Secretary
( iii) One representative nominated by the concerned Administrative Department- . .Member
(11) The State Level Scrutiny Committee shall have to cause physical verification of all institution and will also inspect all documents and records produced before it and call for such other records and documents as may be required for the purpose of causing verification.
(12) When there arises difference in between the recommendation of the District Scrutiny Committee and the Physical verification report caused by the State Level Scrutiny Committee , the matter shall be placed before the State Level Scrutiny Committee and the decision of the State Level Scrutiny Committee shall be final .
Explanation : - for the purposes of this section the Deputy Commissioner in relation to Districts included in the areas shall mean the Principal Secretary of the respective council .
14.
Appellate authority.
The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee.
15. (1) The services of teachers of the Venture Educational Institutions which have been established on or after 1-1-2006, shall not be provincialised and no such educational institution shall be allowed to remain functional unless it has obtained, -
(i) affiliation from the affiliating University , if it is a Degree College;
Educational institution not provincialised to function as private/ non- government institutions .
Assam Act No. IV of 2007 (ii) permission under the provisions of the Assam Non- Government Educational Institutions (Regulation and Management) Act , 2006 , in case of all other educational institutions ; and
Central Act No. 35 of 2009 (iii) certificate of recognition from the authority notified under the provisions of section 18 of the Right of Children to Free and Compulsory Education Act, 2009.
(2) All such Venture Educational Institutions which have obtained the required affiliation, permission or recognition, as the case may be , shall be allowed to function as purely Private or Non- Government Educational Institution .
Offences and Penalties .
16. (1) Whoever provides misleading, incorrect or false information to and suppresses material information from or abets the providing or suppression of such information to the District Scrutiny Committee or to any other authority under this Act shall commit an offence under this Act which shall be punishable with imprisonment for a term which may extend to two years .
Central Act No.2 of1974 Offences to be cognizable and non-bailable .
17. Offences committed under this Act shall be cognizable and non -bailable under the provisions of the Code of Criminal Procedure, 1973 .
Trial of cases
Central ActNo.2 of1974 18. (1) Offences under section 17 shall be triable by a Judicial Magistrate of the competent jurisdiction under the Code of Criminal Procedure , 1973 .
(2) Cases under this section shall be tried summarily under the Code of Criminal Procedure , 1973 .
19 .
Suitand proceedings .
(1) No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with the previous sanction of the State Government .
(2) To adjudicate disputes for redressal of grievances relating to the teaching staff of the Non-Government Educational Institution as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching of Venture Educational Institution, there shall be an Educational Tribunal for each district within their respective Territorial Jurisdiction . The District and Sessions Judges and the Additional District and Sessions Judges of each District are designated as Educational Tribunal .
20. (1) If any difficulty arises in interpretation of any provisions of this Act, the interpretation of the State Government shall be final .
Powerof interpretation and removal of difficulties .
(2) If any difficulty arises in giving effect to the provisions of this Act, the State Government may , by order do anything not inconsistent with the provisions of this Act and the rules framed thereunder, which appear to be necessary or expedient for the purpose of removing the difficulty.
21.
Creation of personal post and maintenance ofreservation policy.
(1) For the purpose of provincialisation of services of the teachers and tutors under this Act, the Government shall create and sanction such number of ex - cadre posts which shall be personal to the incumbents . These personal posts shall stand abolished on cessation of the services of the teachers for any reason whatsoever including retirement, resignation, death etc. Since these are personal as well as ex- cadre posts , the present cadre strength of the concerned service shall not be impacted in any way due to creation of these posts .
(2) The Administrative Department may retain the posts of any Educational Institution provincialised under this Act, after cessation of the services of the teachers which may be deemed to be necessary to run the institution .
(3) The posts so retained as per sub - section (2) , shall be en -cadred in appropriate cadre and shall continue as permanent posts.
(4) While making retention of posts under sub - section (2) and in creating additional posts as may be required under this Act, the prescribed percentage of reservation for Scheduled Castes and Scheduled Tribes and other reserved categories , as applicable under the relevant Acts and rules , shall be maintained .
Creation of fund 22 .
The State Government shall create a special pool of fund to facilitate implementation of the provisions of this Act in consultation with the Finance Department of the Government of Assam in due course of time .
( 1)
Power to make rules . 23 .
The State Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions , such rules may provide for all or any of the following matters , namely: -
(i ) prescribing service conditions and specifying the duties and responsibilities of all teachers whose services have been provincialised under this Act ;
(ii) preparation and maintenance of service records of the teachers whose services have been provincialised;
(iii) for management of the educational institutions ;
(iv) specifying the powers , duties and responsibilities of the Managing Committee or Governing Body of the educational institutions ;
(v) prescribing the scope of work, emoluments and remuneration, and other terms and condition of service of tutors provincialised under this Act .
(3) All rules made by the State Government under this Act shall , as soon as may be after they are made, be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions and shall , unless some later date is appointed , take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly may, during the said period agree to make , so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
24.
Repeal and savings.
Act No. Assam Act No. XVII of 2011 ; XXI of 2012; Assam Act No. XX of The Assam Venture Educational Institutions (Provincialisation Assam ofServices ) Act, 2011 as amended vide the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2012 and the Assam Venture Educational Institutions (Provincialisation of Services) ( Amendment) Act, 2013, which have been struck down by the Hon'ble Gauhati High Court vide order dated 23.09.2016 in WP( C) No. 3190/2012, and all rules , orders , notifications issued 2013 thereunder, shall stand repealed, however, all the teachers whose services were provincialised prior to 23.9.2016, shall continue and their cases shall be reviewed as per the eligibility norms set forth for provincialisation under this Act.
Schedule
[ See section 8 (3 ) ]
Fixed salary admissible to a Tutor
Fixed salary Fixed salary
Category of post held by the employee for 1st to 2nd for 3rd to 5th
Category of
inthe institution prior to year. year.
Institution
(inRs) (inRs)
provincialisation
Principal 36000 40000
Degree College
Assistant Professor 27000 30000
Principal 20700 23000
Lecturer 16200 18000
Junior College
Demonstrator 14400 16000
Subject Teacher 16200 18000
Higher Secondary
School Demonstrator 14400 16000
Headmaster/ Superintendent 16200 18000
Asstt. Headmaster/ 14400 16000
Asstt. Superintendent
High School/ Graduate Teacher (BA/B.Com/B.Sc) 12600 14000
High Madrassa
Sr. Hindi Teacher 12600 14000
Music Teacher/ Classical Teacher 12600 14000
Craft Teacher 9900 11000
Headmaster 12150 13500
Assistant Teacher 10800 12000
11700 13000
Graduate (Science & Mathematics)
Teacher
Upper Primary School (ME School/ME Madrassa)
12000 10800
Hindi Teacher /Arabic Teacher
/Language Teacher
Assistant Teacher Primary School (L.P School)
12000 10800 STATEMENT OF OBJECTS AND REASONS
The objectives to introduce the Bill namely the Assam Education (Provincialisation of Services of Teachers and Re -Organisation of Educational Institutions ) Bill , 2017 to provincialise the services of the teachers in Venture Educational Institutions and also to re - organise and streamline the Educational Institutions up to Degree Level in Assam to conform to the prevailing statutory norms and standards with a further objective to restrict any further growth of such Venture Educational Institutions in the State of Assam. Further , the objective to introduce the Bill is to restrict the mushrooming growth of such institutions making provisions in the Bill that only quality institutions having required norms and standard under the relevant Acts , rules and regulations shall be established in the State of Assam.
The Assam Venture Educational Institutions (Provincialisation of Services ) Act, 2011 was enacted to provincialise the services of the employees of the venture Educational Institutions in the State of Assam and to restrict further establishment of such Educational Institutions in the State which was amended in the year 2012 and 2013 vide Assam Act No XXI of 2012 and Act No XX of 2013 respectively. The Act was challenged before the Hon'ble Gauhati High Courtin WP(C) No 3190/2012 . The Hon'ble High Court while deciding the said writ petition along with 40 other writ petitions vides its Judgment and order dated 23.09.2016 declared the said Act as constitutionally invalid and directed the State to do their exercise to bring in a fresh legislation expeditiously and preferably in the next six months .
Hence, this Bill.
HIMANTA BISWA SARMA , Minister in - charge, Education.
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
FINANCIAL MEMORANDUM
The Bill entails expenditure from the Consolidated Fund of the State once it comes into force.
MEMORANDUM OF DELEGATED LEGISLATION
The Bill proposes to delegate legislative power to the Executive
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
THE ASSAM PUBLIC PROCUREMENT BILL , 2017
A
BILL
toestablish legal foundations for procedures for procurement by public entities so as to ensure - timely delivery of intended outcomes with efficiency, economy, integrity and accountability; transparency, fair and equitable treatment of bidders; public confidence regarding good governance inthe process and for matters connected therewith or incidental thereto.
Preamble Whereas, it is expedient to establish legal formalities for procedures for payment by public entities so as to ensur, -
(i) timely delivery of its intended outcomes with efficiency, economy, professionalism and public accountability from its officers and staff;
the highest standards of transparency, fairness, equality towards its bidders;
(ii)
(
iii) support to policies of the State on social, economic and environmental issues; and
(iv) assurance to public and other stakeholders regarding probity and integrity of theprocess.
Itishereby enacted in the Sixty-eighth Year of the Republic of India, as follows: -
CHAPTER I
Preliminary
1. Short title, extent and commencement.-
(1) This Act may be called the Assam Public Procurement Act, 2017.
It shall extend to the whole of the State of Assam .
(2)
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette , appoint : Provided that different dates may beappointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions.- In this Act, unless the context otherwise requires , -
(a) "bid" means a formal offer made in pursuance of an invitation by a procuring entity and includes any tender, proposal ( technical or financial ) or quotation ;
(b) "bidder" means any person , company , firm, agency, institution, etc. participating in a procurement process of a procuring entity for procurement ofGoods , Works or Services ;
(c) "bidderregistration documents " means the documents issued procuring entity, including any amendments thereto , that set out the terms and conditions of registration proceedings and includes the invitation to register; by a (d) "bidding documents " means documents for procurement of Goods , Works or Services issued by the procuring entity, including any amendments thereto, that set out the terms and conditions of the given procurement and includes the invitation to bid; The term "bidding document " also includes the "Request for Proposal" and " Request for Quotation" documents used for hiring consultancy and non-consultancy services .
(e) "bid security " means a security provided to the procuring entity by a bidder for securing the fulfillment of any obligation in terms of the provisions ofthe bidding documents;
Authority under this Act or the Rules or Guidelines made hereunder or by the provisions of any other law for the time being in force;
(g) " e-procurement" means the electronic process where in the physical tendering activity is carried out online using the Internet and associated technologies;
(h) "electronic reverse auction" means an online real - time purchasing technique utilized by the procuring entity to select the successful submission, which involves presentation by bidders of successively lowered bids during a scheduled period of time and the automatic evaluation ofbids;
(i) "Framework agreement procedure" means a procedure conducted in two stages: a first stage to select a supplier (or suppliers ) or a contractor (or contractors) to be a party (or parties) to a framework agreement with a procuring entity, and a second stage to award a procurement contract under the framework agreement to a supplier or contractor party;
(j) "Framework agreement" means an agreement between the procuring entity and the selected supplier (or suppliers) or contractor (or contractors ) concluded upon completion of the first stage of the framework agreement procedure;
(k) "Closed framework agreement " means a framework agreement to which no supplier or contractor or State Agency acting as Consortium on behalf of PPP registered MSE to the framework agreement that is not initially a party to the framework agreement may subsequently become a party;
(1) "Open framework agreement " means a framework agreement to which a supplier (or suppliers) or a contractor (or contractors ) in addition to the initial parties may subsequently become a party or parties;
(m) "Framework agreement procedure with second - stage competition" means a procedure under an open framework agreement or a closed framework agreement with more than one supplier or contractor in which certain terms and conditions of the procurement that cannot be established with sufficient precision when the framework agreement is concluded are to be established or refined through a second- stage competition;
(u) "Framework agreement procedure without second - stage competition" means a procedure under a closed framework agreement in which all terms and conditions of the procurement are established when the framework agreement isconcluded;
(o) " goods " includes all articles , material , commodities , electricity , livestock , furniture, fixtures , raw material , spares , instruments , software , machinery , equipment, industrial plant, vehicles , aircraft, ships , railway rolling stock and any other category of goods , whether in solid, liquid or gaseous form , purchased or otherwise acquired for the use of a procuring entity as well as services or works incidental to the supply of the goods if the value of services or works or both does not exceed that of the goods themselves ;
(p) "invitation to bid" means a document published by the procuring entity inviting bids relating to the subject matter of procurement and any amendment thereto and includes notice inviting tender and request for proposal;
(۹) "notification" means a notification published in the Official Gazette;
(s) "pre- qualification" means the procedure set out to identify, prior to inviting bids, the bidders that are qualified;
(t) "pre-qualification documents " means the documents issuedby procuring entity, including any amendments thereto , that set out the terms and conditions of the pre-qualification proceedings and includes the invitation to pre-qualify; a
(u) "procurement" or " public procurement" means the acquisition by purchase, lease, license or otherwise of works , goods or services , including award of Public Private Partnership projects , by a procuring entity whether directly or through an agency with which a contract for procurement services is entered into, but does not include any acquisition without consideration , and "procure" or " procured" shall be construed accordingly;
(v) "procurement contract " means a contract entered into between the procuring entity and a successful bidder concerning the subject matter of procurement ;
(w) "procurement process " means the process of procurement extending from the issue of invitation to pre - qualify or to register or to bid till the award of the procurement contract or cancellation of the procurement process , as the case maybe;
(x) "procuring entity" means an entity referred to in sub- section (2) of section 3 ;
(y) "Public Private Partnership " means an arrangement between the State Government, statutory entity or any other government owned entity on one side and a private sector entity on the other , for the provision of public assets or public services or both, through investments being made or management being undertaken, or both investments being made and management being undertaken, by the private sector entity , for a specified period of time, where there is well defined allocation of risk between the private sector and the State Government, statutory entity or any other government owned entity , as the case may be, and the private entity receives performance linked payments that conform (or are benchmarked) to specified and pre -determined performance standards, measurable by the State Government, statutory entity or any other government owned entity, as the case may be, or its representative;
( z) "rate contract" means an agreement between a procuring entity and one or more bidders which specifies the terms and conditions including the price , for the supply of a subject matter of procurement required on a recurring basis ;
(za) " registered bidder" means any bidder who is on a list of registered bidders of the procuring entity maintained under section 19;
(zb) " services " means any subject matter of procurement other than goods or works and includes physical , maintenance , professional , intellectual , consultancy and advisory services or any service classified or declared as such by a procuring entity and does not include appointment of any person made by any procuring entity;
(zc) " subject matter of procurement " means any item of procurement whether in the form of goods , services or works;
consequential to the works if the value of those services or goods does not exceed that of the works themselves;
(ze) "State Government " means the Government of Assam;
(zf) "Swiss Challenge " means a method of Procurement in which an unsolicited proposal for a government project is received and third party are allowed to challenge the original proposal through open bidding, and then the original proponent is given a chance to counter-match the most advantageous / most competitive offer;
3. Application .-
This Act shall apply to all procuring entities referred to in sub- section (2) . (1)
For the purposes of this Act, "procuring entity " means, - (2)
(a) any department of the State Government or its attached or subordinate office;
(b) any State Public Sector Enterprise owned or controlled by the State Government;
(c) any entity established or constituted by the Constitution of India whose expenditure is met from the Consolidated Fund of the State;
(d) any entity or board or corporation or authority or society or trust or autonomous entity ( by whatever name called) established or constituted by an Act of the State Legislature or an entity owned or controlled by the State Government;
(e) any other entity which the State Government may, by notification, specify to be a procuring entity for the purpose of this Act, being an entity that receives substantial financial assistance from the State Government in so far as the utilization of such assistance towards procurement isconcerned.
(f) any procurement support agency or procurement agent or procurement consultant involved in procurement on behalf of the procuring entities specified in clauses (a) to (e) above .
(3) The State Government may , by notification, permit the procuring entities to carry out procurement, financed under the assistance from the multilateral pursuant to an inter- governmental agreement , in accordance with the procurement procedures stipulated in terms of such assistance or agreement:
Provided that before granting permission, the State Government shall satisfy itself that the procurement procedures stipulated in terms of such assistance or agreement , are in consonance with the basic norms of public procurement specified in sub- section ( 1 ) of Section 4 .
(4) Subject to such rules as may be made in this behalf consistent with the provisions ofsections 4 and 11 , the provisions of Chapters II and III shall not apply to , -
(a) any procurement the estimated cost or value of which is less than the threshold value as Finance Department of the State Government may, by notification, specify for different classes or categories of procurements or procuring entities ;
CentralAct no. 53 of 2005 (b) emergency procurement necessary for the management of any disaster , as defined in clause (d) of section 2 of the Disaster Management Act, 2005 the State Government may, by general or special order , specify;
(e) procurement by a procuring entity under clause (b) to clause ( e) of sub section(2) of section 3 from its subsidiary company or joint venture company inwhich such procuring entity has more than fifty percent share .
(f) any other procurement, as may be notified by Finance Department.
CHAPTER II
Procurement
A. General Principles
4. Fundamental principles of public procurement.-
(1) In relation to a public procurement , the procuring entity shall have the responsibility and accountability to ensure
(a) effective and timely achievement of the planned outcomes of the procurement without excessive cost over - run;
(b) transparency (including consistency, objectivity, predictability , openness) , fairness (including appeal rights ) , equality ( including non- discrimination) in relations with the bidders ;
(c) professionalism, economy and efficiency , from official involved in process;
(d) compliance with the code of integrity in public procurement as laid down by the State Government under section 11 of this act by officer or employee of a procuring entity or a person participating in a procurement process .
(2) Subject to the provision ofsub- section (3 ) of section 3 , every procuring entity shall carry out its procurement in accordance with the provisions of this Act and the rules and guidelines made thereunder.
5. Determination of need for procurement and description thereof.-
(1) All procurement under this Act shall be initiated after first determining the need for the subject matter of procurement and after fulfilling the obligations under Section 8 below, duly taking into account the matters so prescribed in this regard in the rules made under this Act ..
(2) While assessing the need under sub - section (1 ) , the procuring entityshalltakeinto accounttheestimatedcostofthe procurement and also decide onthe following matters , namely: -
(a) the scope or quantity of procurement, if determined;
(b) Ensure that the need is neither artificially created nor exaggerated, with the intention to channel benefits to certain individual ( s) or organization(s) ;
(c) ensure transparency and not restrict dialogue for determining solutions for the need only with certain individual ( s) or organization(s) giving them undue advantage by way of access to inside information not disclosed or disclosed late to others ;
(d) limitation on participation of bidders in terms of section6, ifany applicable , and justification thereof; and
(e) any other matter as may be prescribed .
(3) The procuring entity shall maintain documents relating to the determination of the need for procurement under sub- section ( 1 ) and the assessment made under sub-section (2) .
(4) Procurement Planning:
(a) Every procurement entity shall prepare a Procurement Plan along with their proposal for Annual Budgetary Allocations for a Financial Year and the Plan shall be updated as per the approved Annual Budget Allocation for the entity. The updated Procurement Plan shall be approved by the concerned Administrative Department within 15 days of receipt of Budget Communication from the Finance Department of the State Government .
(b) The Procurement Plan, including its updates , shall set forth at the minimum the following: -
(i) a brief description of goods , works , and/or non - consulting services for which procurement action is to take place during the respective financial year ;
(ii) the proposed methods of procurement pursuant to the provisions in this Act and the Rules made there under ;
(iii) any provision of preference in accordance to Section-6 of the Act;
(iv) the review thresholds as per the DFP Rules of the State Government;
(v) the time schedule for key procurement activities ; and
(vi) any other information.
(c) The Procurement Plan prepared pursuant to sub-clause (4) ( a) of this section may be further updated by the procurement entity with approval ofthe concerned Administrative Department, provided that the updated shall remain within the approved Annual Budgetary Allocation for the procurement entity.
(d) The procuring entity shall publish the Procurement Plan prepared pursuant to sun- clause 4 of this section on the State Public Procurement Portal and in the website of the concerned procuring entity:
Provided that the publication of information under this clause shall not be construed as initiation of procurement process and cast any obligation on the procuring entity to issue bidding document or confer any right on prospective bidders .
6. Participation of bidders.-
(1) The procuring entity shall not establish any requirement aimed at limiting participation of bidders in the procurement process that discriminats against or among bidders or against any category thereof, except when authorized or required to do so by this Act or the rules or guidelines made thereunder or by the provisions of any other law for the time being in force.
(2) In addition and without prejudice to any existing provisions of enactment of Procurement Preference Policy, Assam , 2015 , the State Government may , by notification in this behalf, provide for mandatory procurement of any subject matter of procurement from any category of bidders , and purchase or price preference in procurement from any category of bidders , on the following grounds , namely: - any other consideration in public interest in furtherance of a duly (c)
notified policy of the Central Government or the State Government :
Provided that any such notification shall contain a reasoned justification for such mandatory or preferential procurement, the category of suppliers chosen and the nature ofpreference provided.
(3) The procuring entity, when inviting the participation of bidders in the procurement process , shall declare whether participation of bidders is limited pursuant to this section and on what ground and any such declaration may not ordinarily be later altered.
(4) Nothing in this section shall be construed as preventing the State Government or any procuring entity from imposing or enforcing measures limiting participation on account of the need , -
(a) toprotect public order, morality or safety;
(b) to protect human , animal or plant life or their health;
(c) toprotect intellectual property;
(d) to protect the essential security and strategic interest of India.
(5) Eligibility Conditions:
(a) The procuring entity may however lay down reasonable Eligibility Conditions for participation in the procurement process , as distinct from and in addition to any technical or financial qualification criteria, if prescribed, to ensure compliance with the Transparency and Code of Integrity as enunciated in Section 4( 1) (b) and (d) . Rules and guidelines hereunder may lay down eligibility conditions that may be prescribed by procuring entities .
(b) Anybidder participating in the procurement process shall , -
(i) have fulfilled his obligation to pay such of the taxes payable to the Central Government or the State Government or any local authority as may be specified in the bidding documents, pre -qualification documents or bidder registration documents ;
(ii) not be insolvent, in receivership , bankrupt or being wound up, not have its affairs administered by a court or a judicia¹ officer, not have its business activities suspended and must not be the subject of legal proceedings for any of the foregoing reasons;
( iii) not have, and their directors and officers not have , been convicted of any criminal offence related to their professional conduct or the making of false statements or misrepresentations as to their qualifications to enter into a procurement contract within a period of three years preceding the commencement of the procurement process , or not have been otherwise disqualified pursuant to debarment proceedings;
(iv) not have a conflict of interest as may be prescribed and specified in the pre -qualification documents , bidder registration documents or bidding documents , which materially affects fair competition;
(A) fulfill any other Eligibility Condition prescribed, interms of subsection 5(a) above . as may be 7. Qualifications ofbidders.-
(1) Aprocuring entity may determine and apply one or more of the requirements specified in sub-section (2) for a bidder to be qualified for participating in a procurement process, as distinct from and in addition to any eligibility conditions, ifprescribed.
(2) Anybidder participating in the procurement process shall , -
(a) possess the necessary professional, technical , quality assurance, financial and managerial resources, certification and experience and competencies required, if any , by the bidding documents , pre- qualification documents or bidder registration documents , as the case may be, issued by the procuring entity;
fulfill any other qualifications as may be prescribed.
(b)
(3) Subject to the right of bidders to protect their intellectual property or trade secrets the procuring entity may require a bidder to provide any such information or declaration as it considers necessary to make an evaluation in accordance with sub- section (5) of Section 6 and sub - section (1 ) above .
( 4) Any requirement established pursuant to section 6 and section 7 shall be set out in the pre-qualification documents or bidder registration documents , if any, and in the bidding documents and shall apply equally to all bidders .
(5) The procuring entity shall evaluate the eligibility and qualifications of bidders only in accordance with the requirement specified in this Sections 6 and 7.
8. Obligations related to value ofprocurement.-
Initiating Procurement after due approvals , - (1)
(a) everyprocuring entity shall initiate the procurement process only after technical, administrative and budgetary approvals are accorded and after obtaining the approval of the authority which has the necessary financial powers to initiate such value and category of procurement as per the rules and guidelines made under this Act .
(b) however, procuring entity to save time , may initiate advance actions of procurement in anticipation of administrative and budgetary approvals , under certain circumstances and following procedures prescribed with the approval of an authority designated in this regard in the rules made under this Act, provided that the procurement process shall stop short of any financial or contractual commitment, even in such cases unless administrative and budgetary approvals have been obtained.
(c) the Government shall lay down the circumstances , procedures and designated authority for initiating such advance procurement under sub-section (b) above.
(2) Each Procuring entity shall maintain a register of works and order of supplies of goods and services , liabilities incurred against these works and orders of supplies , liabilities cleared and liabilities awaiting clearance , in a format as may be prescribed:
Provided that the Government may make Rules not to sanction new work if the outstanding liabilities in a Department exceed a limit as may be prescribed.
avoid its obligations under sub- section ( 1 ) or to limit competition among bidders or otherwise avoid its obligations under this Act:
Provided that in the interest of efficiency , economy and timely completion or supply, a procuring entity may , for reasons to be recorded in writing, divide or bulk its procurement into appropriate packages prior to invitation ofbid .
9. Time frame for processing.-
(1) Subject to the rules as may be made by the State Government in this behalf, every procuring entity shall pre-determine a reasonable time frame for completion ofvarious stages of the process of procurement and indicate the same in the pre -qualification documents , bidder registration documents or bidding documents , as the case may be .
(2) The procuring entity shall endeavor to adhere to the time frame indicated under sub-section ( 1 ) and in case of failure to do so extend such time frame for reasons to be recorded in writing.
10. Documentary record of procurement proceedings and of communications.-
(1) Theprocuring entity shall maintain a record of its procurement proceedings , which shall include the following , namely: -
(a) Bid Documents of Bidders and certified copy of Contract Agreement with the successful bidders
(b) Description of the subject matter of the procurement under section 12;
(c) Statement of the reason for choice of a procurement method other than open competitive bidding under sub- section (4) of section 29
(d) Particulars of the participating bidders;
(e) Written requests for clarifications and any responses thereto including during pre -bid conferences;
(f) Bidprices and other financial terms;
(g) Summary of the evaluation of bids ;
(h) Details of any appeal under section 38 , and the related decisions ;
(i) Any other information or record as may be prescribed.
(2) Any document , notification, decision or other information generated in the course of a procurement, including in connection with appeals under section 38 or in the course of a meeting , or forming part of the recordofthe procurement process , shall be in a form that provides a record ofthe content of the information and is accessible so as to be usable for subsequent reference.
Central Act No.22 of 2005 (3) Subject to the provisions of the Right to Information Act , 2005 or of any other law for the time being in force relating to retention of records , the procuring entity shall retain the documentary record indicated in sub- sections ( 1 ) and (2) , for a reasonable period after the expiry of the procurement process or procurement contract, as the case may be, so as to enable audit or such other review.
11. Code of integrity for procuring entity and bidders.-
(1) No officer or employee of a procuring entity or a person participating in a procurement process shall act in contravention of the code of integrity prescribed by the State Government.
(2) The code of integrity referred to sub- section ( 1 ) shall include provisions for , - (a) prohibiting, -
(i) any offer, solicitation or acceptance of any bribe , reward or gift or any material benefit, either directly or indirectly , in exchange for an (ii) any omission, including a misrepresentation that misleads or attempts to mislead so as to obtain a financial or other benefit or avoid an obligation;
(iii) any collusion, bid rigging or anti -competitive behavior to impair the transparency, fairness and progress of the procurement process ;
(iv) improper use of information shared between the procuring entity and the bidders with an intent to gain unfair advantage in the procurement process or for personal gain;
(v) any financial or business transactions between the bidder and any officer or employee of the procuring entity , who are directly or indirectly related to tender or execution process of contract;
(vi ) any coercion including impairing or harming or threatening to do the same, directly or indirectly , to any party or to its property to influence the procurement process;
(vii) any obstruction of any investigation or audit of a procurement process;
(viii) making false declaration or providing false information for participation in, -
(a) tender process or to secure a contract;
(b) disclosure of conflict of interest;
(c) disclosure by the bidder of any previous transgressions with any entity in India or any other country during the last three years or of any debarment by any other procuring entity.
(3) Without prejudice to the provisions of Chapter IV , in case of any breach of the code of integrity by a bidder or prospective bidder , as the case may be , the procuring entity after giving a reasonable opportunity of being heard , may take appropriate measures including, -
(a) exclusion of the bidder from the procurement process;
(b) calling off of pre-contract negotiations encashment of bid security; and forfeiture or
(c) forfeiture or encashment of any other security or bond relating to the procurement ;
(d) recovery of payments made by the procuring entity along with interest thereon at bank rate;
(e) cancellation of the relevant contract and recovery of compensation for loss incurred by the procuring entity;
(f) debarment of the bidder from participation in future procurements of the procuring entity for a period not exceeding three years under Section46.
Description of the subject matter of procurement.- 12.
(1) The description of the subject matter of procurement shall be set out in the pre-qualification documents, bidder registration documents and the bidding documents and shall , -
(a) be such as to meet the essential needs of the procuring entity;
(b) to the extent practicable-
(i) be objective, functional , generic and measurable ;
(ii) set out the relevant technical , quality and performance characteristics;
(iii) not indicate a requirement for a particular trade mark, trade name or brand and incase it is essential to mention, the word " (c) be drawn up in accordance with guidelines as may be prescribed.
(2) Where applicable, the technical specifications shall , to the extent practicable, be based on national technical regulations or recognised national standards orbuilding codes , wherever such standards exist or in their absence, relevant International Standards may be used.
13. Single envelop and two envelop bids.-
(1) State Government may lay down in rules and guidelines hereunder, conditions and detailed procedures under which, a procuring entity may chooseto, -
(a) call for bids in which the technical , quality and performance aspects , commercial terms and conditions and the financial aspects including the price are contained in a single envelope ; or
(b) if it is of the opinion that it is essential to evaluate the technical aspects of a bid before considering its financial aspect, call for bids in two envelopes , namely:-
(i) the techno- commercial bid containing the technical , quality and performance aspects , commercial terms and conditions and all other details and documents sought in the tender , except the price and relevant financial details ; and
(ii) the financial bid containing financial aspects including the price.
(2) In case the procuring entity calls for bids in terms of clause (b) of sub- section (1 ) , the techno-commercial bid shall be opened and evaluated first and the financial bid of only those bids which have been found technically acceptable shall be opened and evaluated.
14. Criteria for evaluation.-
(1) Save as otherwise provided in this Act or the rules or guidelines made thereunder or in any other law for the time being in force , the evaluation criteria shall relate to the subject matter of procurement and may include, - (a) theprice;
(b) the cost of operating , maintaining and repairing goods or works , the time for delivery of goods , completion of works or provision of services , the characteristics of the subject matter of procurement , such as the functional characteristics of goods or works and the environmental characteristics of the subject matter, the terms of payment and of guarantees in respect of the subject matter of procurement; and
(c) where relevant, the experience , reliability and professional and technical competence of the bidder and of the personnel to be involved in providing the subject matter of procurement .
(2) Where considered necessary, the procuring entity may also specify trials, sample testing and other additional methods of technical evaluation of a bid:
Provided that the requirement of such trials , sample testing or additional methods of evaluation shall be indicated in the bidding documents and a record of such trials and testing shall be maintained in such manner as may be prescribed.
( 3) To the extent practicable , all non -price evaluation criteria shall be objective and quantifiable .
(4) The criteria for evaluation of bids , including whether the requirements laid down in sub- section (2) of section 6 are applicable , shall be contained in thebidding documents .
(5) (6) No criteria or procedure , other than those mentioned in the bidding documents shall be used by the procuring entity in evaluating bids .
15. Price negotiations.- Save as otherwise provided in section 31 or section 35 or in such circumstances and subject to such conditions as may be prescribed, no price negotiation shall be held by a procuring entity with a bidder with respect to a bid presented by him.
16. Terms and conditions of contracts.-
(1) The terms and conditions of the procurement contracts entered into shall be in accordance with the provisions of this Act , the applicable rules and the conditions indicated in the bidding documents .
(2) The State Government may prescribe standard terms and conditions of contract which shall be incorporated in the procurement contracts entered intoby procuring entities as applicable .
17. State Public Procurement Portal.-
(1) The State Government shall set up and maintain a State Public Procurement Portal accessible to the public for posting matters relating to public procurement.
(2) Each procuring entity shall cause the procurement related information to be published as required under this Act or the rules and guidelines made thereunder on the Portal referred to in sub- section ( 1).
(3) Without prejudice to the generality of sub-section (2) , the State Public Procurement Portal shall provide access to the following information, for such period of time as may be prescribed, in relation to procurement governed by the provisions of this Act, namely: -
(a) pre-qualification documents , bidder registration documents , bidding documents and any amendments , clarifications including those pursuant to pre- bid conference , and corrigenda thereto;
(b) list of bidders that presented bids including during pre- qualification or bidder registration, as the case may be;
(c) list of pre -qualified and registered bidders , as the case may be;
(d) list of bidders excluded under section 25, with reasons;
decisions under sections 38 and 39;
(e)
(f) details of successful bids, their prices and bidders ;
(g) particulars of bidders who have been debarred by the State Government or a procuring entity together with the name of the procuring entity, cause for the debarment action and the period of debarment;
(h) any other information as may be prescribed.
18. Pre-qualification of bidders.-
(1) Inappropriate technically complex ; strategic and high value procurements as prescribed in rules and guidelines made hereunder a procuring entity may engage in a pre-qualification process , with a view to identifying, prior to inviting bids, the bidders that are qualified for any specified period of time.
(2) For the purpose of sub section ( 1 ) , a procuring entity may invite offers from prospective bidders by giving wide publicity to the invitation to pre -qualify and shall publish the particulars of the bidders that are qualified on the State Public Procurement Portal .
(3) Where a procuring entity has undertaken a pre- qualification process in respect of any procurement, only such pre- qualified bidders shall be entitled tocontinue in the procurement proceedings.
(4) The procuring entity shall decide who is pre -qualified in accordance with section 7 and the criteria set out in the pre- qualification documents .
(5) Every pre-qualification process shall be carried out in such manner and in accordance with such procedure as may be prescribed.
19. Registration of bidders.-
(1) With a view to establishing reliable sources for a subject matter of procurement or a class of procurement, which may be commonly required across procuring entities or repeatedly required by a procuring entity, a procuring entity may maintain a panel of registered bidders .
(2) For the purpose of sub - section ( 1 ) , a procuring entity may invite offers from prospective bidders by giving wide publicity to the invitation to register and such registration shall be done in accordance with section 7, this section and the criteria set out in the bidder registration documents .
(3) The procuring entities shall update the list of registered bidders by allowing potential bidders to apply for registration on a continuous basis .
(4) The State Government may prescribe the procedure and conditions for registration of bidders and the period for which such registration snall be valid. Such rules and guidelines may also cover the conditions and procedure for removal of registered bidders from such a list of registered bidders.
(5) Where a procuring entity does not register bidders in respect of a subject matter of procurement , it may use the list of registered bidders of any other procuring entity, ifany .
(6) The results of the registration process shall be intimated to the bidders and the list of registered bidders for the subject matter of procurement shall be published in the State Public Procurement Portal.
20. Contents of bidding documents.-
(1) Subject to the rules as may be made in this behalf, the invitation to bid shall contain-
brief description of subject matter of procurement ;
(a) a
(b) in case ofprocurement of,
(i) goods , its specifications including the nature , quantity , timeandplace of delivery;
(ii) works , the nature , completion time and location of the works;
(iii) services , the nature of the services , the time and location for providing service .
(c) any notice of limitation to participation of bidders in terms of section 6;
(d) the manner , date and time for submission of bids;
(e) any other information which is considered by the procuring entity relevant for the purpose.
(2) The detailed bidding document shall contain the particulars included in the invitation to bid , the criteria for evaluation of bids , the terms of the procurement contract, and such further information as may be prescribed, which may be necessary for the bidders to submit their bids .
(3) The State Government may prescribe standard conditions to be included in bidding documents including its form.
(4) The State Government may prescribe model bidding documents for different classes of procurements .
21. Time frame for submission of bids.- (a) the need of the bidders for having a reasonable time to prepare and submit their bids ; and
(b) the time frame envisaged for procurement .
(2) Subject to the provisions of section 23 , the maximum time as may be allowed for submission of bids shall be the same for all bidders .
22. Pre-bid clarifications.-
(1) Any bidder may, in writing , seek clarifications from the procuring entity in respect of the bidding documents .
(2) The period within which the bidders may seek clarifications under sub- section(1 ) and the period within which the procuring entity shall respond to such requests for clarifications shall be specified in the bidding documents .
(3) All requests for clarifications and responses thereto shall be intimated to all bidders and where applicable , shall be published on the State Public Procurement Portal .
(4) A procuring entity may hold a pre - bid conference to clarify doubts of potential bidders in respect of a particular procurement and the records of such conference shall be intimated to all bidders and where applicable , shall bepublished on the State Public Procurement Portal .
23. Changes to bidding documents.-
(1) In case any modification is made to the bidding documents or any clarification is issued which materially affects the terms contained in the bidding documents , the procuring entity shall publish such modification or clarification in the same manner as the publication of the initial bidding documents.
(2) In case a clarification or modification is issued to the bidding documents, the procuring entity may, prior to the last date for submission of bids , extend such time limit in order to allow the bidders sufficient time to take into account the clarification or modification , as the case may be , while submitting their bids .
(3) Any bidder who has submitted his bid in response to the original invitation shall have the opportunity to modify or re - submit it, as the case may be, within the period of time originally allotted or such extended time as may be allowed for submission of bids , when changes are made to the bidding documents by the procuring entity:
Provided that the bid last submitted or the bid as modified by the bidder shall be considered for evaluation.
24. The procedure relating to submission, opening and evaluation of bids.- Subjectto the terms and conditions as may be laid down in the bidding documents , submission of bids, opening and evaluation of bids, including constitution of committees for those purposes shall be in accordance with the rules made under this act as may be prescribed in the guidelines prepared there under .
25. Exclusion of bids.-
(1) A procuring entity shall exclude a bid if, -
the bidder is not qualified in terms of section 7;
( a)
(b) the bid materially departs from the requirements specified in the biddingdocuments or it contains false information;
(c) the bidder submitting the bid , his agent or any one acting on his behalf, gave or agreed to give , to any officer or employee of the procuring entity or other governmental authority a gratification in any form, or any other thing of value , so as to unduly influence the procurement process;
(d) a bidder, in the opinion of the procuring entity, has a conflict of interest materially affecting fair competition.
Abid shall be excluded as soon as the cause for its exclusion is discovered . (2)
Every decision of a procuring entity to exclude a bid shall be for reasons to be recorded in writing. (3)
(4) Every decision of the procuring entity under sub - section(3 ) shall be , -
(a) communicated to the concerned bidder in writing;
(b) published on the State Public Procurement Portal .
Cancellation of the procurement process.- 26.
(1) Aprocuring entity may, for reasons to be recorded in writing , cancel the process of procurement initiated by it, -
(a) atany time prior to the acceptance of the successful bid; or
(b) after the successful bid is accepted in accordance with sub- sections (4) and (5) .
(2) The procuring entity shall not open any bids or proposals after taking a decision to cancel the procurement and shall return such unopened bids or proposals.
(3) The decision of the procuring entity to cancel the procurement and reasons for such decision shall be immediately communicated to all bidders that participated in the procurement process.
(4) If the bidder whose bid has been accepted as successful fails to sign any written procurement contract as required , or fails to provide any required security for the performance of the contract, the procuring entity may cancel the procurement process after forfeiting the bid security provided by the bidder to the State Government. )
(5) If a bidder is convicted of any offence under this Act, the procuring entity may, -
(a) cancel the relevant procurement process if the bid of the convicted bidder has been declared as successful but no procurement contract has been entered into;
(b) rescind the relevant contract or forfeit the payment of all or a part of the contract value if the procurement contract has been entered into between the procuring entity and the convicted bidder .
27. Award of contract.-
(1) Subject to the provisions of section 25 and sub- section (2 ) of section 6, the procuring entity shall consider a bid as successful , -
(a) where price is the only award criterion, the bid with the lowest bid price;
(b) where there are price and other award criteria, the most advantageous bid ascertained on the basis of the criteria and procedures for evaluating bids as specified in the bidding documents;
(c) where there are no financial criteria, the most advantageous bid ascertained on the basis of selected non-financial or criteria other parameters for evaluating bids as specified in the bidding documents .
(2) Abid shall be treated as successful in terms of sub- section ( 1 ) , only after the competent authority has approved the procurement in terms of that bid.
(3) As soon as the procuring entity, with the approval of the competent authority, decides to accept a bid, it shall communicate that fact to all participating bidders and also publish the decision on the State Public Procurement Portal .
(4) While communicating acceptance of the bid, the procuring entity shall advise the successful bidder to complete the requirements within a specified time for furnishing any performance security in the form of Bank Guarantee or any other Bank instrument and signing of tender agreement and if necessary , conclude the procurement contract.
B. Methods
Methods of procurement.- 28 .
(1) Subject to the provisions of this Act and the rules made there under , a procuring entity may procure a subject matter of procurement by means ofany of the following methods , namely: -
(a) Open Competitive Bidding; or
(b) Limited Bidding; or
(c) Two stage Bidding ; or
(d) Single Source Procurement; or
(e) Electronic Reverse Auction; or
(f) Request for Quotations; or
(g) Spot Purchase; or
(h) Competitive negotiations ; or
(i) Rate Contract or Government E- Market (GeM)
(j) Framework agreement ; or
(k) e-commerce; or
(1) community procurement for community driven schernes ; or
(m) Swiss Challenge ; or
(u) any other method of procurement notified by the State Government satisfying the principles of procurement contained in this Act and which the State Government considers necessary in public interest.
(2) The State Government may , by notification, declare adoption of electronic procurement as compulsory for different stages and types of procurement, and on such declaration , every requirement for written communication under this Act shall be deemed to have been satisfied if it were done by electronic means .
(3) In procuring a subject matter of procurement, every procuring entity shall follow the detailed procedure in respect of the relevant method of procurement as may be prescribed in the Rules made under this Act.
Open competitive bidding.- 29.
(1) Every procuring entity shall prefer the open competitive bidding as the most preferred method of procurement to be followed.
(2) Opencompetitive bidding may also be followed in case of two stage bidding in terms of section 32, electronic reverse auction in terms of section 33 and rate contract in terms of section 36.
(3) The procuring entity may follow the pre -qualification procedure specified in section 18 and invite bids from pre -qualified bidders only.
( 4) Where the procuring entity chooses a method of procurement other than the open competitive bidding , it shall record the reasons and circumstances thereof.
30. Limited bidding.-
(1) Aprocuring entity may choose to procure the subject matter of procurement by the method of limited bidding, if, -
(a) the subject matter of procurement can be supplied only by a limited number of bidders ; or
(b) the time and cost involved to examine and evaluate a large number of bids may not be commensurate with the value of the subject matter of procurement ; or
urgency brought about by unforeseen events , (c) owing to an the procuring entity is of the opinion that the subject matter of procurement cannot be usefully obtained by adopting the method of open competitive bidding ; or
(d) procurement from a category of prospective bidders is necessary in terms of sub- section (2) of section 6 .
(2) Subject to the rules as may be made in this behalf, the procedure for limited bidding shall include the following , namely: -
(a) the procuring entity shall issue an invitation to bid by writing directly, and on the same day, to , -
(i) all the bidders who can supply the subject matter of procurement in terms of clause (a) of sub-section ( 1 ) ; or
(ii) all the bidders who are registered for the subject matter of procurement with the procuringentity or with any other procuring entity , where procuring entity uses the list of registered bidders of such other procuring entity in terms of sub- section (5) of section 19 ; or
(iii) an adequate number of bidders who can supply the subject matter of procurement selected in a non -discriminatory manner to ensure effective competition, in case of clause (b) of sub- section (1);
(b) a procuring entity may allow all prospective bidders who fulfill the qualification criteria laid down for the procurement, whether an invitation to bid has been issued to such a bidder or not, to participate in the bidding process .
31. Single source procurement.-
(1) Aprocuring entity may choose to procure the subject matter of procurement bythe method of single source procurement, if, -
(a) the subject matter of procurement is available only from a particular prospective bidder , or a particular prospective bidder has exclusive rights in respect of the subject matter of procurement, such that no reasonable alternative or substitute source exists , and the use of any other procurement method would therefore not be possible; or
(b) owing to a sudden unforeseen event , there is an extremely urgent need for the subject matter of procurement, and engaging in any other method of procurement would be impractical ; or
(c) the procuring entity , having procured goods , equipment , technology or services from a supplier, determines that additional supplies or services must be procured from that supplier for reasons of standardization or because of the need for compatibility with existing goods , equipment , technology or services ; or
(d) there is an existing contract for the subject matter of procurement which can be extended for additional goods , works or services and that the procuring entity is satisfied that no advantage would be (e) other the procuring entity determines that the use of any method of procurement is not appropriate for the protection of national security interests ; or
(f) procurement from a particular prospective bidder is necessary in terms of sub- section (2) of section 6; or
(g) subject matter is of artistic nature; or
(h) subject matter of procurement is of such nature as requires the procuring entity to maintain confidentiality , like printing of examination papers ; or
(i) for procurement particular breed of livestock or seeds or seedlings available only in one source or when the required quantity is not available with single source but available at different sources ; or
the item is available as per the rate contract of the Director General of Supplies& Disposal's (DGS &D's ). (j)
(2) Subject to the rules as may be made in this behalf, the procedure for single source procurement shall include the following , namely: -
(a) the procuring entity shall solicit a bid from a single prospective bidder;
(b) the procuring entity may engage in negotiations in good faith with the bidder;
(c) the procuring entity may procure the item as per the rate contract of the Director General of Supplies & Disposal's (DGS &D's) , Government of India.
(3) The procurement entity shall publish all such procurement in the procurement portal with details as may be prescribed in the Rules made under this Act .
32. Two stage bidding.-
(1) A procuring entity may choose to procure the subject matter of procurement bythe method of two stage bidding , if, -
(a) it is not feasible for the procuring entity to formulate detailed specifications or identify specific characteristics for the subject matter of procurement, without receiving inputs regarding its technical aspects from bidders ; or
(b) the character of the subject matter of procurement is subject to such rapid technological advances and market fluctuations to make open competitive bidding unfeasible ; or
(c) the procuring entity seeks to enter into a contract for the purpose of research, experiment , study or development , except where the contract includes the production of items in quantities sufficient to establish their commercial viability or to recover research and development costs; or
(d) the bidder is expected to carry out a detailed survey or investigation and undertake a comprehensive assessment of risks , costs and obligations associated with the particular procurement .
(2) Subject to the rules as may be made under this act, in this behalf, the procedure for two stage bidding shall include the following, namely: - (a) in the first stage of the bidding process, the procuring entity shall invite bids containing the technical aspects and contractual terms and conditions of the proposed procurement without a bid price;
(b) all first stage bids , which are otherwise eligible , shall be evaluated in accordance with the procedure laid down in the rules through an committee constituted by the procuring appropriate entity;
(c) the committee may hold discussions with the bidders and if any such discussion is held, equal opportunity shall be given to all bidders to participate in the discussions;
(
d) in revising the relevant terms and conditions of the procurement, the procuring entity shall not modify the fundamental nature of the procurement itself, but may add, amend or delete any specifications of the subject matter of procurement or criterion for evaluation;
(e) not withstanding anything contained in sections 29 and 30 , in the second stage of the bidding process , the procuring entity shall invite bids from all those bidders whose bids at the first stage were not rejected , to present final bid with bid prices in response to a revised set of terms and conditions of the procurement.
(f) any bidder, invited to bid but not in a position to supply the subject matter of procurement due to changes in the specifications , may withdraw from the bidding proceedings without forfeiting any bid security that he may have been required to provide or being penalized in any way, by declaring his intention to withdraw from the procurement proceedings with adequate justification.
Electronic reverse auction.-
(1) A procuring entity may choose to procure a subject matter of procurement by the method of electronic reverse auction, if, -
(a) it is feasible for the procuring entity to formulate a detailed description of the subject matter of the procurement ;
(b) there is a competitive market of bidders anticipated to be qualified to participate in the electronic reverse auction, such that effective competition is ensured ; and
(c) the criteria to be used by the procuring entity in determining the successful bid are quantifiable and can be expressed in monetary terms .
(2) Subject to the rules as may be made in this behalf, the procedure for electronic reverse auction shall include the following , namely: -
(a) the procuring entity shall invite bids to the electronic reverse auction by causing an invitation to be published in accordance with sub- section (5) of section 29 or issued in accordance with sub- section (2) of section 30, as the case may be;
(b) the invitation shall , in addition to the information as set out in section 20 , include details relating to-
(i) access to and registration for the auction ;
(ii) opening and closing of auction;
(iii) norms for conduct of the auction ;
( iv) any other information as may be relevant to the method of procurement.
(3) Electronic reverse auction may also be used for obtaining the best financial bid in two stage bidding under section 32 and where the two part bid system is followed in terms of section 13 .
34. Request for quotations and spot purchase.-
(1) Aprocuring entity may choose to procure a subject matter of procurement of value below a monetary value as may be prescribed, in the rules made under this act and Notified by the State Government by the method of request for quotations in the following situations , namely:-
(b) physical services that are not specially provided to the particular description of the procuring entity and are readily available in the market; or
(c) procurement of any goods or works or services which are urgently required for maintenance or emergency repairs .
(2) Subject to the rules as may be made in this behalf, the procedure for request for quotations shall include the following, namely: -
(a) a quotations in sealed envelopes shall be requested simultaneously from as many potential bidders as practicable , subject to a minimum ofthree, for submission within a given date and time:
Provided the potential bidders shall be genuine , having clear individual established identity and not a sister concern of one another .
(b) each bidder shall be permitted to give only one quotation;
(c) the successful quotation shall be the lowest priced quotation meeting the needs of the procuring entity as set out in the request for quotations.
(3) A procuring entity may do a spot purchase of the subject matter of procurement specified in sub - section ( 1) through a purchase committee comprising three members within the procuring entity and in such cases the purchase committee shall record a certificate to the effect that it is satisfied that the goods or services are of requisite quality and are priced at the prevailing market rate or commensurate to the market price .
(4) Nothing contained in sections 5 to 10 (both inclusive) , sections 12 to 27 (both inclusive) and Chapter III shall apply to purchases made under this section.
35A. Competitive negotiations.-
(1) Aprocuring entity may choose to procure a subject matter of procurement by the method of competitive negotiations , if, -
(a) owing to an urgency brought about by unforeseen events , the procuring entity is of the opinion that the subject matter of procurement cannot be usefully obtained by adopting the method of opencompetitive bidding or any other method ; or
(b) the subject matter of procurement involves livestock , cotton, oilseeds ог such other agricultural produces whose prices fluctuate frequently and in the opinion of the procuring entity the subject matter of procurement cannot be usefully obtained by adopting the method of open competitive bidding or any other method.
(2) Subject to the rules as may be made in this behalf, the procedure for competitive negotiation shall include the following, namely: -
(a) purchase of the subject matter of procurement under this section shall be made through a purchase committee within the procuring entity and in such cases the purchase committee shall record a certificate to the effect that it is satisfied that the subject matter of procurement is of requisite quality and are priced at the prevailing market rate;
(b) to ensure effective competition, an adequate number , not being less than three, of potential bidders selected in a non- discriminatory manner shall be included in procurement process;
35 B. Swiss Challenge.-
(1) A procuring entity may choose to procure the subject matter of procurement by the method of Swiss Challenge, under such conditions , as may be prescribed by the Government.
(2) The procedure for Swiss Challenge shall be such as may be prescribed by the Government .
36. Rate contract and Government E- Market ( GeM).-
Rate Contract:
(1)
(a) Aprocuring entity may choose to engage in a rate contract procedure in accordance with the rules as may be made in this behalf, under this Act where it determines that, -
(i) the need for the subject matter of procurement is expected to arise on an indefinite or repeated basis during a given period of time;
(ii) by virtue of the nature of the subject matter of procurement, the need for it may arise during a given period of time.
(b) A procuring entity may award a rate contract on the basis of open competitive bidding or by means of other procurement methods in accordance with the provisions of this Act .
(c) Subject to the rules as may be made in this behalf, the procedure for rate contract shall include the following , namely: -
(i
) the manner in which rate contract is to be entered into , including selection of the method of bidding to be followed; and
(ii) the manner in which a procurement contract has to be entered intousing rate contract procedure.
(2) Government E -Market (GeM):
(a) Director General Supplies and Disposal (DGS&D) hosts an online Government e -Market Place (GeM) on pilot basis , for common use goods and services . The electronic and online procurement process on GeM is end to end from placement of supply order to payment to suppliers.
(b) Government Procuring Entities ( including State Government entities) at their option may view, compare and directly purchase online , the Products and services offered by various suppliers on GeM under such conditions, as may be prescribed by the Government .
(c) The procedure and details of procurement thru the GeM shall be such asmaybe prescribed by the Government .
37. Additional conditions for use of methods of procurement. Notwithstanding anything contained in sections 30 to 36 (both inclusive) , the State Government may through notification, add the conditions for the use of any of the methods of procurement mentioned in clauses (b) to (i ) of sub -section ( 1 ) of section 28 , in a manner that is consistent with the principles of transparency and accountability .
CHAPTER III
Appeals
38. Appeals.- from the date of such decision or action, omission, as the case may be , clearly giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a bidder as successful in terms of section 27, the appeal may be filed only by a bidder who has participated in procurement proceedings:
Provided further , that in case a procuring entity evaluates the technical bid before the opening of the financial bid, an appeal related to the matter of financial bid may be filed only by a bidder whose technical bid is found to be acceptable.
(2) On receipt of an appeal under sub - section ( 1 ) , the officer designated under that sub- section shall , after affording a reasonable opportunity of being heard to the parties , determine as to whether or not the procuring entity has complied with the provisions of this Act, the rules and guidelines made there under and the terms of the pre-qualification documents, bidder registration documents or bidding documents , as the case may be, and pass an order accordingly which shall, subject to the order passed under sub-section ( 5) , be final and binding on the parties to the appeal.
(3) The officer to whom an appeal is filed under sub- section ( 1) shall deal with the appeal as expeditiously as possible and shall endeavor to dispose it of within thirty days from the date of filing of the appeal .
(4) Ifthe officer designated under sub - section ( 1 ) fails to dispose of the appeal filed under that sub -section within the period specified in sub - section ( 3 ) , or if the bidder or prospective bidder or the procuring entity is aggrieved by the order passed under sub- section (2) , the bidder or prospective bidder or the procuring entity , as the case may be , may file a second appeal to an officer or authority designated by the State Government in this behalf within fifteen days from the expiry of the period specified in sub- section (3 ) or of the date of receipt of the order passed under sub- section (2) , as the case may be.
(5) On receipt of an appeal under sub- section ( 4) , the officer or authority designated under that sub - section shall , after affording a reasonable opportunity ofbeing heard to the parties , determine as to whether or not the procuring entity has complied with the provisions of this Act, the rules and guidelines made there under and the terms of the pre-qualification documents, bidder registration documents or bidding documents , as the case may be, and pass an order accordingly which shall be final and binding on the parties to the appeal .
(6) The officer or authority to which an appeal is filed under sub- section (4) shall deal with the appeal as expeditiously as possible and shall endeavor to dispose it of within thirty days from the date of filing of the appeal :
Provided that if the officer or authority to which an appeal is filed under sub- section (4) is unable to dispose of the appeal within the aforesaid period, he shall record reason for the same.
(7) The officer or authority to which an appeal may be filed under sub -section (1) or (4) shall be indicated in the pre- qualification documents , bidder registration documents or bidding documents , as the case may be.
(8) Every appeal under sub - sections ( 1 ) and (4) shall be filed in such form and manner and shall be accompanied by such fee as may be prescribed.
(9) While hearing an appeal under this section, the officer or authority concerned shall follow such rules of procedure as may be prescribed.
( 10) No information which would impair the protection of essential security interests of India, or impede the enforcement of law or fair competition, or prejudice the legitimate commercial interests of the bidder or the procuring entity, shall be disclosed in a proceeding under this section.
39. Stay of procurement proceedings . While hearing of an appeal under section 38 , the officer or authority hearing the appeal may , on an application made in this behalf and after affording a reasonable opportunity of hearing to the parties concerned , stay the procurement proceedings pending disposal of the appeal , if he , or it , is satisfied that failure to do so is likely to lead to miscarriage ofjustice .
40. Appeal not to lie in certain cases . No appeal under section 38 shall lie against any decision ofthe procuring entity relating to the following matters , namely: -
(a) determination of need of procurement in terms of section 5;
(b) provisions limiting participation of bidders in the bid process in terms of the provisions of section 6;
the decision of whether or not to enter into negotiations in terms (c)
ofsection 15;
cancellation of a procurement process in terms of section 26 ;
(d)
applicability ofthe provisions of confidentiality under section 49 .
(e)
CHAPTER IV
Offences andPenalties
41. Punishment for taking gratification or valuable thing in respect of public procurement.- Whoever, being an officer or employee of the procuring entity acting in connection with any procurement process , accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person , any gratification other than legal remuneration or any valuable thing without consideration or for a consideration which he knows to be inadequate, in connection with such public procurement, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine .
42. Interference with procurement process.-
(1) Whoever, -
(a) interferes with or influences any procurement process with the intention of securing any wrongful gain or undue advantage for any prospective bidder or bidder, or
(b) interferes with the procurement process with the intention of causing any unfair disadvantage for any prospective bidder or bidder ; or (c) engages in any action or lobbying, directly or indirectly , with the objective of unduly restricting fair competition; or
(d) intentionally influences any procuring entity or any officer or employee thereof or willfully or fraudulently makes any assertion or representation that would restrict or constrain fair competition in any procurement process ; or (e) an engages a former officer or employee of a procuring entity as employee, director , consultant, adviser or otherwise , within a period of one year after such former officer or employee was associated with a procurement in which the employer had an interest ; or
(f) engages in any form of bid-rigging , collusive bidding or anticompetitive behavior in the procurement process ; or
(g
) intentionally breaches confidentiality referred to in section 49 for any undue gain, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement , whichever is less .
(2) Abidderwho , -
(a) withdraws from the procurement process after opening of financial bids; or
(b) withdraws from the procurement process after being declared the successful bidder; or
(c) fails to enter into procurement contract after being declared the successful bidder ; or
( d) fails to provide performance security or any other document or security required in terms of the bidding documents after being declared the successful bidder , without valid grounds , shall, in addition to the recourse available in the bidding documents or the contract, be punished with fine which may extend to fifty lakh rupees or ten per cent of the assessed value of procurement , whichever isless .
43. Vexatious appeals or complaints. Whoever intentionally files any vexatious , frivolous or malicious appeal or complaint under this Act, with the intention of delaying or defeating any procurement or causing loss to any procuring entity or any other bidder , shall be punished with fine which may extend to twenty lakh rupees or five per cent of the value of procurement, whichever is less .
Offencesby companies.- 44.
(1) Where an offence under this Act has been committed by a company , every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub- section shall render any such person liable for any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence .
(2) Notwithstanding anything contained in sub- section (1 ) , where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager , secretary or other officer of the company , such director , manager , secretary or other officer shall also be deemed to be guilty of having committed such offence and shall be liable to be proceeded against and punished accordingly.
Explanation- For the purpose of this section, -
(i) "company " means a body corporate and includes a limited liability partnership , firm, registered society or co- operative society, trust or other association of individuals ; and
(ii) "director " in relation to a limited liability partnership or firm, means a partner in the firm.
45. Abetment of certain offences . Whoever abets an offence punishable under this Act, whether or not that offence is committed in consequence of that abetment , shall be punished with the punishment provided for the offence .
46. Debarment from bidding.-
(1) Abidder shall be debarred by the State Government if he has been convicted ofan offence
under the Prevention of Corruption Act, 1988 ; or
(a)
Central Act No.49 of 1988
CentralAct No.45 of 1860 (b) under the Indian Penal Code, 1860 or any other law for the time being in force, for causing any loss of life or property or causing a threat to public health as part of execution of a public procurement contract .
(2) Abidder debarred under sub - section (1 ) shall not be eligible to participate in a procurement process of any procuring entity for a period not exceeding three years commencing from the date on which he was debarred .
(3) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of section 11 , it may debar the bidder for a period not exceeding three ye years.
(4) Where the entire bid security or the entire performance security or any substitute thereof, as the case may be , of a bidder has been forfeited by a procuring entity in respect of any procurement process or procurement contract, the bidder may be debarred from participating in any procurement process undertaken by the procuring entity for a period not exceeding three years.
(5) The State Government or a procuring entity, as the case may be , shall not debar a bidder under this section unless such bidder has been given a reasonable opportunity of being heard.
47. Previous sanction necessary for prosecution. No court shall take cognizance of an offence punishable under this Act, alleged to have been committed by a public servant during the course ofhis employment, except with the previous sanction, -
(a) in case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the State Government, of that Government .
(b) in the case of any other person, of the authority competent to remove him from his office..
CHAPTER V
Miscellaneous
48. Requirement of professional standards , training and certification.- The State Government may prescribe professional standards to be achieved by officials dealing with procurement matters under this Act and specify suitable training and certification requirements for the same.
49. Confidentiality.-
(1) Notwithstanding anything 'contained in this Act but subject to the provisions of any other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to -
(a) impede enforcement of any law;
(b) affect the security or strategic interests of India;
(c) affect the intellectual property rights or legitimate commercial interests of bidders;
(d) affect the legitimate commercial interests of the procuring entity in situations that may include when the procurement relates to a project inwhich the procuring entity is to make a competitive bid, or the intellectual property rights of the procuring entity.
(2) Except as otherwise provided in this Act, a procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorized to have access to such information.
(3) The procuring entity may impose on bidders and sub- contractors , if there are any for fulfilling the terms of the procurement contract, conditions aimed at protecting information , the disclosure of which violates sub- section (1 ).
State Procurement Facilitation Cell.- 50.
(1) The State Government shall establish a State Procurement Facilitation Cell which shall be headed by an officer not below the rank of a Commissioner .
( 2) The State Procurement Facilitation Cell shall discharge the following functions , namely:
(a) to maintain and update the State Public Procurement Portal set up under section 17 ;
(b) to arrange for training and certification specified in terms of section 48;
(c) to recommend to the State Government measures for effective implementation of the provisions of this Act ;
(d) and to provide guidance , consistent with the provisions of this Act the rules and guidelines made there under , to the procuring entities with respect to the matter relating to public procurement;
(e) to study different methods of public procurement and prepare and recommend standard bidding documents , pre -qualification documents orbidder registration documents;
(f) subject to the provisions of sub - section ( 2) of section 28 , encourage procuring entities to adopt electronic procurement ; and
(g) to discharge such other functions as may be assigned to it by the State Government consistent with the provisions of this Act and the rules and guidelines made there under .
(3) The State Procurement Facilitation Cell shall have the power to require a procuring entity or any other person by notice in writing to furnish such information as may be necessary for performing its functions under this Act .
51. Protection of action taken in good faith.-
Central ActNo. 45 of1860 (1) Every officer or employee of a procuring entity or any member of a committee constituted under this Act, acting under or in pursuance of the provisions of thisAct or rules , guidelines , orders or notifications made there under shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code , 1860 .
(2) No suit, prosecution or other legal proceedings shall lie against any officer or employee or any other person acting in the discharge of any function under thisAct for any loss or damage caused or likely to be caused by any act which isdone or intended to be done in good faith and in pursuance of the provisions ofthisAct.
(3) For the purposes of this section , ' good faith ' shall have the same meaning as is assigned to it under section 52 of the Indian Penal Code, 1860.
Central Act No. 45 of1860
52. Application of other laws . The provisions of this Act shall be in addition to , and not in derogation of the provisions of any other law for the time being in force.
53. Recovery of sums payable under the Act.- Any sum payable by any person under this Act shall be recoverable as arrears of land revenue .
Service of notice , documents and orders.- 54.
(1) For the purposes of this Act a notice , document or order shall be deemed to be served, -
(a) on any individual by , -
(i) delivering it to the person personally; or
(ii) leaving it at, or sending it by post to, the address of the place of residence or business of the person last known;
(b) on a body corporate by leaving it at, or sending it by post to, the registered office of the body corporate .
(2) For the purposes of this Act, when the procedure laid down by sub- section (1) is followed, service shall be deemed to be effected by properly addressing, preparing and posting the document , notice or order , as the case maybe.
55. Power of State Government to make rules.-
(1) The State Government may , by notification, make rules for carrying out the provisions of this Act and different sets of rules may be made for different classes or categories of procurements or procuring entities.
(2) In particular, and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the following matters , namely: -
(i) procurements covered under sub- section (4) of section 3 ;
(ii) matters to be decided while determining need for procurement under section 5;
(iii) circumstances in which participation of bidders may be limited under section6;
(iv) identification and treatment of conflict of interest situations under section 7;
(v) additional qualifications to be fulfilled by bidders under clause ( f) ofsub- section ( 1 ) of section 7 ;
(vi) time frame for various stages of the process of procurement under section 9;
(vii) information or record of procurement proceedings required to be maintained under clause ( i) of sub- section (1) of section 10;
(viii) code of integrity under section 11;
( ix) guidelines for drawing up the description of the subject matter of procurement under section 12;
(x) evaluation criteria under sub- section ( 1 ) of section 14;
(xi) maintenance, of records of trials and testing under sub - section (2) of section 14;
(xii ) provisions relating to price negotiations under section 15;
(xiii) terms and conditions of procurement contracts under section 16;
(xiv) information to be provided on the State Public Procurement Portal under section 17;
(xv) procedure for pre -qualification under section 18 ; (xvi ) procedure and conditions for registration of bidders under section 19 ;
(xvi) provisions relating to content of bidding documents under section 20;
(xviii) standard conditions of bidding documents including its form under sub-section (3) of section 20;
(xviii) procedure for submission, opening and evaluation of bids , including constitution of committees for those purposes under section 24;
(xix) procedure in respect of various methods of procurement under section 28;
(xxii) form, manner and fee for appeals under section 38 ; (xxiv) procedure to be followed while hearing appeal under section 38 ;
(xxiii ) professional standards , training and certification for officials dealing withprocurement matters under section 48;
(xxiv) provisions relating to bid securities , performance securities , inspection of works , goods and services , modification and withdrawal ofbids, and contract management ;
(XXV) any other matter which is required to be prescribed by the State Government for carrying out the provisions of this Act .
(3) All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature , while it is in session, for a period of not less than fourteen days , which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following , the House ofthe State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be , so however , that any modification or annulment shall be without prejudice to the validity of anything previously done there under.
56. Power to issue guidelines.-
(1) Subject to the provisions of this Act and the rules made there under , a procuring entity may issue guidelines giving details of procedure or general forms or standard specifications and manuals required for giving effect to the provisions of this Act and the rules made there under.
(2) All guidelines issued by a procuring entity under this section shall be laid, as soon as may be after they are so made , before the House of the State Legislature , while it is in session, for a period of not less than fourteen days , which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following , the House of the State Legislature makes any modification in any of such guidelines or resolves that any such guideline should not be made , such guideline shall thereafter have effect only in such modified form or be of no effect, as the case may be , so however , that any modification or annulment shall be without prejudice to the validity of anything previously done there under .
Power to remove difficulties.- 57.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may , by order published in the Official Gazette , make such provisions not inconsistent with the provisions of this Act , as may appear to it to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act .
(2) Every order made under this section shall be laid, as soon as may be after it ismade, before the House of the State Legislature .
58. Power to exempt.-
(1) Ifthe State Government is satisfied that it is necessary in public interest so to do, it may, by order published in the Official Gazette and for reasons to be recorded in such order , exempt any procurement or a class or category of procurements or a class or category of procuring entities from the application of all or any of the provisions of this Act.
(2) Every order made under sub - section ( 1 ) shall , as soon as may be after it is made, be laid before the House of the State Legislature .
59. Savings.- All rules , regulations , orders , notifications , departmental codes , manuals , Act, shall continue to be in force to the extent they are consistent with the provisions of this Act , until they are repealed or superseded by any rule , guideline , notification or order, as the case may be , made or issued under this Act .
Statement of objects and reasons
At present procurement in Assam is governed by the Financial Rules , which have not been evolved over time to cater to newer models and approaches to procurement . To regulate public procurement with the objectives of ensuring transparency , accountability and probity in the procurement process , fair and equitable treatment of bidders , promoting competition , enhancing efficiency and economy, maintaining integrity and public confidence in the public procurement process and for matters connected therewith or incidental thereto , " Assam Public Procurement Bill , 2017 " is prepared.
The Public Procurement Act specific to the State is the basic need and it aims to bring public visibility about legally enforceable provisions in public procurement and would provide a sound basis for ensuring its essential qualities: accountability , efficiency, economy , competition and professionalism .
The Bill seeks to achieve the above object .
HIMANTA BISWA SARMA , Finance Minister, Assam .
M. K. DEKA ,
Principal Secretary , Assam Legislative Assembly .
FINANCIAL MEMORANDUM
The proposed Assam Public Procurement Bill , 2017 would not involve any additional expenditure as the same will be administered by the existing staff.
MEMORANDUM OF DELEGATED LEGISLATION
The Government does not propose to delegate any legislative power to any agency subordinate to it in the bill .
M. K. DEKA ,
Principal Secretary , Assam Legislative Assembly.
THE ASSAM JUNIOR COLLEGES (PROVINCIALISATION)
(AMENDMENT ) BILL , 2017
A
BILL
to amend the Assam Junior Colleges ( Provincialisation) Act , 2012.
Preamble
Assam Act No. XV of2012 Whereas it is expedient to amend the Assam Junior Colleges ( Provincialisation) Act, 2012 , hereinafter referred to as to the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Sixty- eighth Year of the Republic of India as follows: -
1. (1 ) This Act may be called the Assam Junior Colleges (Provincialisation) (Amendment) Act, 2017 .
Short title, extent and commencement .
(2) It shall have the like extent as the principal Act .
(3) It shall come into force at once .
2. In the principal Act, for the words " Junior College " and " Junior Colleges " , wherever they occur , the words " Senior Secondary School " and " Senior Secondary Schools " respectively, shall be substituted.
STATEMENT OF OBJECTS AND REASONS
The objectives to introduce the Bill namely the Assam Junior Colleges (Provincialisation) (Amendment) Bill, 2017 is to change the nomenclature of ' Junior College' or ' Junior Colleges ' to ' Senior Secondary School' or ' Senior Secondary Schools ' . The Junior Colleges impart education in class XI and XII at par with the syllabus and other course contents of a Higher Secondary School under Secondary Education and all other academic matter of the Junior College is also guided by the Assam Higher Secondary Education Council instead of University unlike the degree colleges . The Final examination of the HS 2nd year of the Junior College is conducted by the Assam Higher Secondary Education Council with common question paper for both Higher Secondary Schools and the Junior Colleges . The qualification for teachers of Junior Colleges is same with the qualification for teachers of Higher Secondary Schools and also , the Junior Colleges are as good as Higher Secondary School in all other aspect , for which there is no reason to differentiate such institutions from the Higher Secondary Schools .
Hence , this Bill .
HIMANTA BISWA SARMA , Minister in - charge , Education .
M. K. DEKA , FINANCIAL MEMORANDUM
The Bill does not entail any expenditure from the Consolidated Fund of the State once it comes into force .
MEMORANDUM OF DELEGATED LEGISLATION
The Bill does not proposes to delegate legislative power to the Executive
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
THE DEORI AUTONOMOUS COUNCIL (AMENDMENT) BILL , 2017
A
BILL
further to amend the deori Autonomous Council Act, 2005 .
Preamble
Assam ActNo. XXV of 2005 Whereas it is expedient further to amend the Deori Autonomous Council Act, 2005 , hereinafter referred to as the principal Act , in the manner hereinafter appearing ;
It is hereby enacted in the Sixty - eighth Year of the Republic of India as follows: -
Short title , extent and commencement .
1. (1) This Act may be called the Deori Autonomous Council (Amendment) Act, 2017.
(2) It shall have the like extent as the principal Act .
(3) Itshall come into force at once .
Amendment of Section 9 .
2. In the principal Act, in section 9 , in sub - section (1 ) , for the words " a majority " appearing in between the words " carried by " and " of the " , the words " two-third majority " shall be substituted.
The Deori Autonomous Council ( Amendment) Bill, 2017 Name of the Bill:
Statement of objects and reasons :
In order to promote greater stability in the functioning of the Deori Autonomous Council, and to bring the provisions for removal of Chief Executive Councillor or Executive Councillors in the line with the Assam panchyatı Raj Act, it is proposed that the Chief Executive Councillor or Executive Councillors may be removed from the office only if the resolution is passed by not less than two- third majority of the total numbers of elected members of the Council .
Hence , this Bill.
PRAMILA RANI BRAHΜΑ , Minister- in- Charge , WPT & BC .
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly, Dispur.
Name of the Bill : The Deori Autonomous Council (Amendment) Bill, 2017
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State.
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government .
M. K. DEKA ,
Principal Secretary, Assam LegislativeAssembly.
THE MISING AUTONOMOUS COUNCIL ( AMENDMENT) BILL , 2017
A
BILL
further to amend the Mising Autonomous Council Act, 1995 .
Preamble
Assam Act No. XXVI of1995 Whereas it is expedient further to amend the Mising Autonomous Council Act, 1995, hereinafter referred to as the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Sixty - eighth Year of the Republic of India as follows: -
Shorttitle, extent and commencement .
1. (1) This Act may be called the Mising Autonomous Council (Amendment) Act , 2017.
(2) It shall have the like extent as the principal Act .
(3) It shall come into force at once.
Amendment of Section 9 .
2. In the principal Act, in section 9 , in sub -section (1) , for the words " a majority " appearing in between the words " carried by " and " of the " , the words " two -third majority " shall be substituted .
Name of the Bill: The Mising Autonomous Council (Amendment) Bill, 2017
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State .
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government .
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
THE RABHA HASONG AUTONOMOUS COUNCIL (AMENDMENT ) BILL , 2017
A
BILL
further to amend the Rabha Hasong Autonomous Council Act, 1995 .
Preamble
Assam ActNo. XVII of 1995
Whereas it is expedient further to amend the Rabha Hasong Autonomous Council Act, 1995, hereinafter referred to as the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Sixty - eighth Year of the Republic of India as follows: -
Short title, extent and commencement .
1. (1) This Act may be called the Rabha Hasong Autonomous Council (Amendment) Act, 2017.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once .
Amendment of Section 9 .
2. In the principal Act, in section 9 , in sub -section ( 1) , for the words " a majority" appearing in between the words " carried by " and " of the" , the words " two -third majority" shall be substituted .
Name of the Bill : The Rabha Hasong Autonomous Council (Amendment) Bill, 2017.
Statement of objects and reasons :
In order to promote greater stability in the functioning of the Rabha Hasong Autonomous Council , and to bring the provisions for removal of Chief Executive Councillor or Executive Councillors in the line with the Assam panchyati Raj Act, it is proposed that the Chief Executive Councillor or Executive Councillors may be removed from the office only if the resolution is passed by not less than two-third majority of the total numbers of elected members of the Council .
Hence,this Bill .
PRAMILA RANI BRAHΜΑ , Minister- in- Charge , WPT & BC .
M. K. DEKA , Name of the Bill : The Rabha Hasong Autonomous Council (Amendment) Bill, 2017.
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State .
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government.
M. K. DEKA ,
Principal Secretary, Assam LegislativeAssembly.
THE SONOWAL KACHARI AUTONOMOUS COUNCIL (AMENDMENT) BILL , 2017
A
BILL
further to amend the Sonowal Kachari Autonomous Council Act, 2005 .
Preamble
Assam Act No. XX of 2005
Whereas it is expedient further to amend the Sonowal Kachari Autonomous Council Act, 2005, hereinafter referred to as the principal Act, in the manner hereinafter appearing ;
It is hereby enacted in the Sixty- eighth Year of the Republic of India as follows: -
Short title, extent and commencement .
1. (1) This Act may be called the Sonowal Kachari Autonomous Council (Amendment) Act, 2017.
(2) It shall have the like extent as the principal Act .
(3) It shall come into force at once .
Amendment of Section 9 .
2. In the principal Act , in section 9 , in sub - section (1) , for the words " a majority " appearing in between the words " carried by " and " of the " , the words " two-third majority" shall be substituted.
Name of the Bill : The Sonowal Kachari Autonomous Council (Amendment) Bill, 2017.
Statement of objects and reasons :
In order to promote greater stability in the functioning of the Sonowal Kachari Autonomous Council , and to bring the provisions for removal of Chief Executive Councillor or Executive Councillors in the line with the Assam panchyati Raj Act, it is proposed that the Chief Executive Councillor or Executive Councillors may be removed from the office only if the resolution is passed by not less than two-third majority of the total numbers of elected members of the Council .
Hence, this Bill .
PRAMILA RANI BRAHMA ,
Minister- in- Charge , WPT & BC .
M. K. DEKA , Name of the Bill : The Sonowal Kachari Autonomous Council (Amendment) Bill, 2017
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State .
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government.
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
THE THENGAL KACHARI AUTONOMOUS COUNCIL ( AMENDMENT) BILL , 2017
A
BILL
further to amend the Thengal Kachari Autonomous Council Act , 2005 .
Preamble
Assam Act No. of2005
Whereas it is expedient further to amend the Thengal Kachari Autonomous Council Act, 2005, hereinafter referred to as the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Sixty - eighth Year of the Republic of India as follows: -
Short title, extent and commencement .
1. (1) This Act may be called the Thengal Kachari Autonomous Council ( Amendment) Act, 2017.
(2) It shall have the like extent as the principal Act .
(3) It shall come into force at once .
Amendment of Section 9 .
2. In the principal Act , in section 9, in sub - section ( 1 ) , for the words " a majority " appearing in between the words " carried by " and " of the " , the words " two -third majority " shall be substituted .
Name of the Bill : The Thengal Kachari Autonomous Council (Amendment) Bill, 2017.
Statement of objects and reasons :
In order to promote greater stability in the functioning of the Thengal Kachari Autonomous Council , and to bring the provisions for removal of Chief Executive Councillor or Executive Councillors in the line with the Assam panchyati Raj Act, it is proposed that the Chief Executive Councillor or Executive Councillors may be removed from the office only if the resolution is passed by not less than two- third majority of the total numbers of elected members of the Council.
Hence, this Bill.
PRAMILA RANI BRAHΜΑ , Minister- in- Charge , WPT & BC .
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly.
Name of the Bill : The Thengal Kachari Autonomous Council ( Amendment) Bill, 2017.
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State.
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government .
M. K. DEKA ,
Principal Secretary , Assam LegislativeAssembly.
THE TIWA AUTONOMOUS COUNCIL (AMENDMENT) BILL , 2017
A
BILL
further to amend the Tiwa Autonomous Council Act , 1995 .
Preamble
Assam Act No. XXV of 1995
Whereas it is expedient further to amend the Tiwa Autonomous Council Act , 1995, hereinafter referred to as the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Sixty - eighth Year of the Republic of India as follows: -
Short title , extent and commencement .
1. (1 ) This Act may be called the Tiwa Autonomous Council (Amendment) Act, 2017.
(2) It shall have the like extent as the principal Act .
(3) It shall come into force at once.
Amendment of Section 9 .
2. In the principal Act, in section 9 , in sub - section (1 ) , for the words " a majority " appearing in between the words " carried by " and " of the " , the words " two- third majority " shall be substituted .
The Tiwa Autonomous Council (Amendment) Bill, 2017 Name of the Bill:
Statement of objects and reasons :
In order to promote greater stability in the functioning of the Tiwa Autonomous Council, and to bring the provisions for removal of Chief Executive Councillor or Executive Councillors in the line with the Assam panchyati Raj Act, it is proposed that the Chief Executive Councillor or Executive Councillors may be removed from the office only if the resolution is passed by not less than two- third majority of the total numbers of elected members of the Council .
Hence, this Bill.
PRAMILA RANI BRAHMA , Minister- in - Charge , WPT & BC .
M. K. DEKA ,
Principal Secretary, Name of the Bill : The Tiwa Autonomous Council (Amendment) Bill, 2017
Financial Memorandum
The Bill does not propose for any additional expenditure from the consolidated fund of the State.
Memorandum of Delegated Legislation
There is no proposal to delegate any legislative power to any subordinate agency of the Government.
M. K. DEKA ,
Principal Secretary, Assam Legislative Assembly .