¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

1

MAHARASHTRA ACT No. XIII OF 2023.

(First published, after having received the assent of the Governor in the

“Maharashtra Government Gazette”, on the 17th March 2023).

An Act to make special provisions for ensuring single point procurement of

certain medical goods and execution of turnkey projects with highest standards

of transparency, fairness, equity and for timely supply at optimum and

uniform rates and of desired quality and quantity for health institutions

under the State Government and certain other health institutions through

the Maharashtra Medical Goods Procurement Authority and for the matters

connected therewith or incidental thereto.

WHEREAS it is expedient to enact a new law to make special

provisions for ensuring single point procurement of certain medical

goods and execution of turnkey projects with highest standards of

transparency, fairness, equity and for timely supply at optimum and

uniform rates and of desired quality and quantity for health institutions

under the State Government and certain other health institutions through

the Maharashtra Medical Goods Procurement Authority and for the matters

connected therewith or incidental thereto, for the purposes aforesaid;

it is hereby enacted in the Seventy-fourth Year of the Republic of

India as follows :—

RNI No. MAHENG /2009/35528

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Medical Goods Procurement Authority Act, 2023 (Mah. Act No. XIII

of 2023), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

————————

¦ÉÉMÉ +É`ö--23----1

(1)

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

CHAPTER I

PRELIMINARY.

1. (1) This Act may be called the Maharashtra Medical Goods Procurement

Authority Act, 2023.

(2) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

2.

In this Act, unless the context otherwise requires,–

(a) “appointed day” means the date on which the provisions

of this Act shall come into force under sub-section (2) of section 1;

(b) “ Chief Executive Officer ” means the Chief Executive Officer

of the Procurement Authority established under this Act ;

(c) “ medical consumables ” includes gloves, syringes, bandages,

cotton wool, sutures, catheters, tubes, infusion sets, I.V. cannulas,

etc., laboratory supplies including pipettes, blood collecting tubes

and microscope supplies and surgical instruments such as scalpels,

forceps, lancets, scissors, etc. ;

(d) “medical device” means any instrument, apparatus, implement,

machine, appliance, implant, reagent for use, software, material or other

similar or related article, intended by the manufacturer to be used, alone

or in combination, for human beings, for one or more of the specific

medical purpose of,–

(i) diagnosis, prevention, monitoring, treatment or alleviation

of disease,

(ii) diagnosis, monitoring, treatment, alleviation of or healing

of an injury,

(iii) investigation, replacement, modification or support of

the anatomy or of a physiological process,

(iv) supporting or sustaining life,

(v) control of conception,

(vi) disinfection of medical devices,

(vii) providing information by means of examination of

specimens derived from the human body,

and

does

not

achieve

its

primary

intended

action

by

pharmacological, immunological or metabolic means, in or on

the human body, but which may be assisted in its intended

function by such means;

(e) “ medical equipment ” means the medical devices requiring

calibration, maintenance, repair, user training and decommissioning

– activities (usually managed by clinical or biomedical engineers)

used for the specific purposes of diagnosis and treatment of disease

or rehabilitation following disease or injury of human beings and

can be used either alone or in combination with any accessory,

consumable or other piece of medical device or medical equipment

but excludes implantable, disposable or single-use medical devices ;

Short title and

commencement.

Definitions.

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3

(f) “medical goods” means medicines, medical

consumables,

medical devices, medical equipments or execution of turnkey projects

therefor; and includes any other medical goods as the State

Government

may,

from

time

to

time,

in

consultation

with

Procurement Authority, by notification in the Official Gazette,

specify, to be the medical goods for the purposes of this Act ;

(g) “prescribed” means prescribed by rules made under this

Act ;

(h) “procure” or “procurement” means the process of purchase,

storage or supply of the medical goods;

(i) “Procurement Authority” means the Maharashtra Medical

Goods Procurement Authority established under sub-section (1) of

section 3 ;

(j) “regulations” means the regulations made under this Act;

(k) “rules” means the rules made under this Act ;

(l) “Secretary” means Additional Chief Secretary or Principal

Secretary or Secretary of any administrative Department of the

State Government.

CHAPTER II

ESTABLISHMENT AND COMPOSITION OF

MAHARASHTRA MEDICAL GOODS PROCUREMENT AUTHORITY.

3. (1) As soon as may be after the appointed date, the State

Government shall, by notification in the Official Gazette, establish an

authority to be called “the Maharashtra Medical Goods Procurement

Authority”, for the purposes of this Act.

(2) The Procurement Authority shall be a body corporate, having

perpetual succession and a common seal, with power to acquire, hold

and dispose off property, both movable and immovable, and by the

said name may sue and be sued.

4. (1) The Procurement Authority shall consist of the following

Chairperson, Deputy Chairpersons and Members, ex-officio, namely :–

(a) the Chief Minister

-

Chairperson ;

(b) the Minister for Public Health

-

Deputy Chairperson ;

(c) the Minister for Medical Education - Deputy Chairperson ;

(d) the Minister for Food and

- Deputy Chairperson;

Drugs

Administration

(e) the Minister of State for Public

-

Member ;

Health

(f) the Minister of State for

-

Member ;

Medical

Education

(g) the Minister of State for Food

-

Member ;

and Drugs Administration

Establishment

of

Maharashtra

Medical Goods

Procurement

Authority.

Composition

of

Procurement

Authority.

4

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(h) the Chief Secretary to Government

-

Member ;

of Maharashtra

(i) the Secretary–I of Public Health -

Member ;

Department

(j) the Secretary–II of Public Health

-

Member ;

Department

(k) the Secretary of Medical Education

-

Member ;

and Drugs Department

(l) the Secretary of Industries

-

Member ;

Department

(m)the Secretary of Finance

-

Member ;

Department

(n) the Secretary-(UD-II) of Urban

- Member ;

Development Department

(o) the Commissioner, Health Services

- Member ;

(p) the Chief Executive Officer

- Member––Secretary.

of the Procurement Authority

(2) The Chairperson may delegate all or any of his powers

or functions under this Act to any one of the Deputy Chairperson

as he deems fit.

(3) The Procurement Authority shall meet at least once in six

months, at such place and at such time as the Chairperson may

decide and shall observe such rules of procedure in regard to

the transaction of business at its meetings (including the quorum

thereat) as may be laid down by regulations.

(4) The Chairperson shall preside at the meetings of the

Authority. In absence of the Chairperson at any meeting, any other

member of the Authority elected by the members present at the

meeting shall preside at such meeting.

5. The objectives of the Procurement Authority shall be to procure

medical goods for,–

(a) the Public Health Department of the Government of

Maharashtra ;

(b) the Medical Education and Drugs Department of the

Government of Maharashtra (excluding turnkey projects);

(c) any other Department of the Government of Maharashtra, the

urban or the rural local authorities or for any other authority or

entity established, by or under any law, by the State Government, if

they so request ;

(d) the Central Government, other State Governments, Union

Territories, or urban or rural local authorities of other States or other

authority or entity established by or under any law by the Central

Government or the other State Government or the Union Territory,

if they so request ;

(e) private hospitals, trust hospitals, private organizations, non-

Governmental organization, trust or international organisation, if

they so request.

Objectives of

Procurement

Authority.

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5

6.

The

Procurement

Authority

shall,

for

the

purposes

of

procurement of the medical goods, exercise the powers and discharge

the functions, as follows, namely :–

(a) to prepare and review any financial plan for procurement;

(b) to supervise the functioning of the Executive Committee;

(c) to take policy level decisions related to the functions of

the Procurement Authority;

(d) to recommend to the State Government any matter or

proposal requiring action by the State Government or any other

authority for the overall procurement and supply of medical goods ;

(e) to recommend procurement policy to the State Government

regarding purchase of medicines and equipments;

(f) to procure medical goods and execute turnkey projects therefor

and their timely availability and distribution to the consignee

locations;

(g) to co-ordinate with other Government agencies and departments

for procurement purposes;

(h) to oversee the procurement process for streamlining supply of

medical goods;

(i) to supervise or otherwise ensure adequate supervision over the

planning and execution of any procurement process, the expenses of

which, in whole or in part, are to be met from the Procurement Authority

Fund;

(j) to bring transparency and accountability in procurement process

of medical goods; and

(k) such other powers and functions as may be prescribed.

7.

(1) A demand for procurement of the medical goods shall be generated

by

the

concerned

administrative

Department

and

after

giving

administrative approval, the proposal for its purchase shall be forwarded

by the

concerned Administrative

Department to

the Procurement

Authority for procurement. The Procurement Authority shall thereafter

carry out the procurement procedure as per provisions of this Act

and rules and regulations made thereunder.

(2) The Procurement process shall be carried out by the Procurement

Authority as per the orders issued by the Industries Department of the State

Government through the Government Resolutions, the Government e-Market

Place (GeM Portal) guidelines and any other relevant guidelines on procurement

issued by the State Government, from time to time.

CHAPTER III

EXECUTIVE COMMITTEE.

8.

There shall be an Executive Committee of the Procurement

Authority

consisting

of

the

following

Chairperson

and

Members,

ex-officio, namely :–

(a) the Chief Secretary to Government

- Chairperson ;

(b) the Secretary-I of Public Health - Member ;

Department

Procedure for

procurement

of medical

goods.

Powers and

functions of

Procurement

Authority.

Constitution

of Executive

Committee.

¦ÉÉMÉ +É`ö--23----2

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

(c) the Secretary-II of Public Health

- Member;

Department

(d) the Secretary of Medical Education

- Member;

and Drugs Department

(e) the Secretary of Industries Department - Member;

(f) the Secretary of Finance Department

- Member;

(g) the Secretary–(UD-II) of Urban

- Member;

Development

Department

(h) the Commissioner, Health Services

- Member;

(i) the Commissioner of Medical

- Member;

Education and Research

(j) the Director–I, Health Services

- Member;

(k) the Chief Executive Officer of the

-Member-Secretary.

Procurement Authority

9. (1) The Executive Committee shall exercise the powers and

discharge the functions, as follows, namely :–

(i) to appoint officers and employees of Procurement Authority;

(ii) to supervise the procurement process as executed by the

Chief Executive Officer ;

(iii) to plan, implement and supervise procurement of medical

goods and execution of turnkey projects therefor;

(iv) to approve or reject tenders or processes of procurement

under the Procurement Authority in cases which are not covered

by existing procurement guidelines but are necessitated by the

prevailing circumstances during that period ;

(v) to invest the surplus money, if any, of the Procurement

Authority Fund ;

(vi) to institute, conduct and withdraw any legal proceedings

on behalf of the Procurement Authority;

(vii) such other powers (except the power to make regulations)

delegated or the functions assigned or duties imposed, from time

to time, on the Executive Committee by the Procurement Authority.

10. The Executive Committee shall meet at such place and at

such time as may be determined by its Chairperson, and shall observe

such rules of procedure as it may determine.

11. (1) The Executive Committee may constitute such sub-committees

and any other committees including Tender Approval Committee, and

for such purpose or purposes, as it may think fit; and entrust to

any such committee such powers as the Executive Committee may

specify.

Powers and

functions of

Executive

Committee.

Meetings of

Executive

Committee.

Constitution

of sub-

committees.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

7

(2) The sub-committees constituted under sub-section (1) shall meet

at such place and at such time, and shall observe such rules of procedure

in regard to the transaction of business at its meetings as may be

directed by the Executive Committee.

(3) The Executive Committee shall, from time to time, by order,

determine the powers and duties of the sub-committees appointed by

it.

12. The Executive Committee may, from time to time, by resolution

passed in this behalf, direct that any power or function which is

conferred on it, by or under the provisions of this Act, shall be exercised

or performed by the Chief Executive Officer.

13. All proceedings of the Procurement Authority and the Executive

Committee shall be authenticated by the signature of the Chief Executive

Officer or by any other officer of the Procurement Authority authorized

by the Chief Executive Officer in this behalf.

14. No act or proceeding of the Procurement Authority or any

of its committees shall be invalid by reason only of a vacancy therein,

or any defect in the appointment of any person acting as the Chairperson

or Deputy Chairperson or Member, if such act or proceeding is otherwise

in accordance with the provisions of this Act.

15. The Procurement Authority or the Executive Committee may

invite any officer of the Government or the local authority or any

other person as it deems fit to attend its meeting or meetings as

a special invitee for the purpose of assisting or advising it on any

matter or matters, connected with the objectives and functions of the

Procurement Authority, but he shall have no right to vote.

CHAPTER IV

CHIEF EXECUTIVE OFFICER.

16. (1) The Chief Executive Officer shall be the executive and

administrative head of the Procurement Authority and shall exercise such

powers and perform such duties as are assigned to him by or under this

Act or the rules or the regulations made thereunder and shall exercise such

powers and perform such functions as the Authority may, by a resolution,

delegate to him.

(2) The Chief Executive Officer shall be the head of the Tender Approval

Committee. The Tender Approval Committee shall approve and finalize

all tenders. The Chief Executive Officer may, in exceptional cases,

place tenders before the Executive Committee for its decision.

(3) The Chief Executive Officer shall exercise the powers and

discharge the functions, as follows, namely :–

(a) to form Tender Approval

Committee and

various

sub-

committees for the purposes of procurement as directed by the

Executive

Committee;

Delegation of

powers or

functions by

Executive

Committee.

Authentication

of orders, etc.,

of Procurement

Authority and

Executive

Committee.

Proceedings

presumed to

be good and

valid.

Provision for

inviting

Government

or local

authority

officers to

assist or

advise.

Chief

Executive

Officer and

his Powers,

Functions and

Duties.

¦ÉÉMÉ +É`ö--23----2+

8

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

(b) to monitor the progress of purchases made by the Authority;

(c) to take regular review of finance and accounts of the

Authority;

(d) to

develop

benchmarks

for

continuous

improvement

of

organization;

(e) such other powers, functions and duties as may be prescribed.

17.

The Chief Executive Officer shall supervise and control all

its officers and employees, including any officers of the Government

appointed, from time to time, on deputation or otherwise to the

Procurement

Authority.

18. The Chief Executive Officer shall be responsible for collection

of all sums due to the Procurement Authority and payment of all

sums payable by the Authority and shall ensure adequate security

of all assets, including cash balances of the Authority. The Chief Executive

Officer shall also be responsible for performing all executive functions

in connection with the works of the Authority.

CHAPTER V

OFFICERS AND EMPLOYEES.

19. (1) The State Government shall appoint the Chief Executive

Officer from the Indian Administrative Services Cadre.

(2) The State Government shall, to assist the Procurement Authority,

appoint one or more of the following officers :—

(a) General Manager (Technical), who shall be of the rank of

the Joint Director under the Public Health Department or equivalent

thereto;

(b) General Manager (Administration), who shall be of the rank

of the Joint Secretary to the State Government or equivalent thereto;

(c) Assistant General Manager (Technical), who shall be of the

rank of the Deputy Director under the Public Health Department

or of the rank of the Dean or Professor or Associate Professor

under the Medical Education and Drugs Department or equivalent

thereto;

(d) Technical Officer, who shall be of the rank of the Assistant

Director under the Public Health Department or equivalent thereto;

(e) Chief Accounts and Finance Officer (Accounts), who shall be

of the rank of the Joint Director, Finance and Accounts under the

Finance Department or equivalent thereto;

(f) Chief Administrative Officer (Administration), who shall be of

the rank of the Under Secretary to the State Government or equivalent

thereto.

(3) The Procurement Authority may, from time to time, create posts

of officers and employees, other than those mentioned in sub-section (2),

as it thinks necessary. The conditions of appointment, conditions of service

and the powers and duties of such officers and employees shall be such

as may be determined by regulations. The Procurement Authority may

appoint officers and employees on contractual basis, as and when

required.

Officers and

employees of

Procurement

Authority.

Supervision

by Chief

Executive

Officer.

Responsibility

of Chief

Executive

Officer.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

9

CHAPTER VI

FINANCE, BUDGET AND ACCOUNTS.

20. (1) There shall be a fund of the Procurement Authority to

be called “ the Medical Goods Procurement Fund ”, to which shall

be credited all moneys received by the Authority, including,–

(a) all grants and such other moneys as may be paid to the

Authority by the State Government;

(b) such moneys as may be paid to the Authority by the Central

Government or any other State Government or Union Territory

or any other authority or agency;

(c) all fees, costs and charges received by the Authority under

this Act or any other law for the time being in force;

(d) all other fees and charges received towards services rendered

and towards administrative procedure of the Authority;

(e) all moneys borrowed by the Authority;

(f) any bequests, donations, endowments or other grants made

by private individuals or institutions;

(g) all moneys received by the Authority by way of rents or

in any other manner or from any other source.

(2) The Procurement Authority may keep in current or deposit

account with the State Bank of India or with any Nationalized Bank

or with any other bank as approved by the State Government in this

behalf, such sum of money out of its fund as may be prescribed, and

any money in excess of the said sum shall be invested in such manner

as may be approved by the State Government.

(3) Such accounts shall be operated by such officers of the

Procurement Authority as may be authorized by it by regulations made in

this behalf.

21. (1) The Procurement Authority shall make provisions for a reserve

fund and may provide for other specially denominated funds as it deems

fit.

(2) The management of the funds referred to in sub-section (1), the

sums to be transferred from time to time to the credit thereof and the

application of money comprised therein, shall be determined by the Procurement

Authority.

22.

All property, funds and other assets vesting in the Procurement

Authority shall be held and applied by it for the purposes and subject to

the provisions of this Act.

23.

The State Government shall provide grant in aid for the first

two years from the establishment of the Procurement Authority for

salary component of staff and other office support expenses or till

the time the Procurement Authority becomes self-sustainable, whichever

is earlier.

24.

The Procurement Authority may, with the previous approval

of the State Government, borrow any moneys for carrying out the

purposes of this Act or for servicing any loan obtained by it, at such

rates and on such conditions, as the State Government may determine

at the time the moneys are borrowed.

Fund of

Procurement

Authority.

Reserve and

other funds.

Application of

funds, etc.

Grants by

State

Government.

Powers of

Procurement

Authority to

borrow.

10

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

25.

The State Government may guarantee repayment of the

principal of, and interest on, any loan raised or given by the Procurement

Authority or transferred to it for the purposes of this Act, subject

to such conditions as the State Government may think fit to impose.

26.

(1) The Procurement Authority shall keep accounts in such

form and in such manner as it may, by regulations made in this behalf,

determine.

(2) The accounts of the Procurement Authority shall be audited

by the Chief Auditor, Local Fund Accounts or by any other auditor

appointed by the State Government, from time to time.

(3) The audit shall be made in such manner as may be determined

by the regulations.

(4) The auditor shall submit his audit report to the Procurement

Authority and shall forward a copy thereof to the State Government.

27. (1) The Member-Secretary of the Procurement Authority shall

prepare, every year, in such form and at such time as may be prescribed,

an annual budget estimate in respect of the next ensuing financial

year

showing

the

estimated

receipts

and

disbursements

of

the

Procurement Authority and shall submit it to the Procurement Authority

for approval.

(2) The Member-Secretary shall forward to the State Government

copies of the budget estimate so prepared by him and the budget

as approved by the Procurement Authority.

28. The Procurement Authority shall prepare after the end of

each year (ending on the 31st day of March), a report of its activities

during the previous year and submit it to the State Government before

the 30th day of November and the State Government shall cause a

copy of such report to be laid before the State Legislature.

29.

(1) The Procurement Authority shall not and shall not be

required to carry out any of its operations under this Act at a loss.

Any deficit in the Medical Procurement Fund caused due to procurement

in any financial year shall be made good by the Authority not later

than those of the next succeeding financial year.

(2) The Procurement Authority shall not place any orders to the

successful bidders till the time fund is received at their end from

the user institution.

30. The Procurement Authority shall take fees or charges for carrying

out the procurement process at such rate or rates as the State

Government may, by notification in the Official Gazette, specify.

CHAPTER VII

MISCELLANEOUS.

31. (1) The Procurement Authority shall exercise its powers and

perform its duties under this Act in accordance with the policy framed

and guidelines laid down, from time to time, by the State Government

for procurement of the medical goods in the State.

(2) The Procurement Authority shall be bound to comply with such

directions which may be issued, from time to time, by the State

Government for efficient administration of this Act.

Accounts and

Audit.

State

Guarantee to

loans taken

or given by

Procurement

Authority.

Budget.

Annual

Report.

Operations of

Procurement

Authority not

to be carried

at a loss.

Fees or

charges by

Procurement

Authority.

Control by

State

Government.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

11

32. The State Government may, from time to time, issue such

general or special directions, to the Executive Committee in respect

of policy matters as it deems necessary or expedient for the purpose

of carrying out the objectives of this Act and the Executive Committee

shall be bound to follow and act upon such directions.

33. The Procurement Authority may, by resolution, delegate from

time to time, any power (except the power to make regulations)

exercisable by it or any function to be discharged or any duty to

be performed by it by or under this Act to the Chief Executive Officer

or the Executive Committee, subject to such terms and conditions as

may be specified in such resolution.

34. Every member, officer and other employees of the Procurement

Authority and every member of the Committees or sub-committees

constituted under this Act shall be deemed to be a public servant

within the meaning of section 21 of the Indian Penal Code.

35. No suit, prosecution or other legal proceeding shall lie against

any member or any officer or other employee of the Procurement

Authority and any member of Committees constituted under this Act

for anything done in good faith under this Act.

36.

The Procurement Authority may, from time to time, make

regulations, not inconsistent with the provisions of this Act and the

rules made thereunder, for all or any of the matters to be provided

under this Act by regulations and generally for all other matters for

which provision is, in the opinion of the Authority, necessary for the

exercise of its powers and the discharge of its functions under this

Act.

37. (1) The State Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may

be after it is made before each House of the State Legislature while

it is in session for a total period of thirty days which may be comprised

in one session or in two successive sessions, and if before the expiry

of the session in which it is so laid or the session immediately following,

both Houses agree in making any modification in the rule or both

Houses agree that the rule should not be made, and notify their decision

to that effect in the Official Gazette, the rule shall from the date

of publication of such decision in the Official Gazette, have effect only

in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without

prejudice to the validity of anything previously done or omitted to

be done under that rule.

45 of

1860.

Power to give

directions.

Power to

delegate.

Officers and

other

employees of

Procurement

Authority to

be public

servants.

Indemnity.

Power to

make rules.

Power to

make

regulations.

12

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¨ÉÉSÉÇ 17, 2023/¡òɱMÉÖxÉ 26, ¶ÉEäò 1944

38.

(1) If any difficulty arises in giving effect to any of the provisions

of this Act, the State Government may, as occasion arises, by an order

published in the Official Gazette, do anything not inconsistent with

the provisions of this Act, which appears to it to be necessary or

expedient for the purpose of removing the difficulty:

Provided that, no such order shall be made after the expiry of

a period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon

as may be, after it is made, before each House of the State Legislature.

Power to

remove

difficulty.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A,

NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.