©
GOVERNMENT OF TAMIL NADU
2018
[Regd. No. TN/CCN/467/2012-14.
[R. Dis. No. 197/2009.
[Price: Rs. 1.60 Paise.
| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY | ||
No. 136] CHENNAI, FRIDAY, APRIL 13, 2018 Panguni 30, Hevilambi, Thiruvalluvar Aandu–2049
Part IV—Section 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 12th April 2018 and is hereby published for general information:—
ACT No. 17 of 2018.
An Act further to amend the Tamil Nadu Transparency in Tenders
Act, 1998.
B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth
Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Transparency in Tenders Short title and commencement.
(Second Amendment) Act, 2018.
(2) It shall come into force on such date as the Government may, by notifi cation,
appoint.
Tamil Nadu Act 43 of 1998.
Amendment of section 2.
2. In section 2 of the Tamil Nadu Transparency in Tenders Act, 1998 (hereinafter referred to as the principal Act), after clause (e), the following clause shall be inserted, namely:—
"(ee) 'Service' means any subject matter of procurement but does not include any goods or constructions or hiring of any person to represent the procuring entity or give advice on Legal matters in any judicial or quasi judicial proceeding.".
3. In section 3 of the principal Act, after sub-section (2), the following sub-section Amendment of section 3.
shall be added, namely:—
"(3) Notwithstanding anything contained in sub-section (1), a procuring entity may procure goods or services through a Government department or Government undertaking, nominated by the Government by notifi cation to act as an agency for procuring specifi ed classes of goods or services on behalf of any procuring entity upon payment of a fee:
Provided that no procurement shall be made by the nominated agency except by
tender.".
136-Ex-IV-2—1
[ 71 ]72 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 4. In section 6 of the principal Act,—
Amendment of section 6.
(1) in sub-section (1), for the expression, "as the case may be, within such time as may be prescribed", the expression "as the case may be, in such manner and within such time as may be prescribed" shall be substituted;
(2) for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) The Tender Bulletin shall be delivered to registered subscribers by e-mail and shall also be published in a dedicated website administered by the State Tender Bulletin Offi cer for view and download by any person.".
5. In section 9 of the principal Act, after sub-section (3), the following sub-section
Amendment of section 9.
shall be inserted, namely:—
"(3-A) The Tender Inviting Authority shall also cause the Notice Inviting Tender
hosted in the dedicated website administered by the State Tender Bulletin Offi cer.".
6. In section 10 of the principal Act, to sub-section (2), the following provisos shall be
Amendment of section 10.
added, namely:—
"Provided that the Tender Accepting Authority shall accept the tender of domestic enterprises, not being the lowest tender, upon satisfaction of such conditions as may be prescribed, in respect only of goods manufactured or produced and services provided or rendered by them, and only to the extent of not exceeding twenty fi ve per cent of the total requirement in that procurement, if such domestic enterprise is willing to match the price of the lowest tender:
Provided further that the Tender Accepting Authority shall accept the tender of a department of Government, Public Sector Undertaking, Statutory Board and other similar institutions as may be notifi ed, not being the lowest tender, upon satisfaction of such conditions as may be prescribed, in respect only of goods manufactured or produced and services provided or rendered by them, and only to the extent of not exceeding forty per cent of the total requirement in that procurement, if such tenderer is willing to match the price of the lowest tender:
Provided also that in case of a single procurement, the total procurement under the above two provisos shall not exceed forty percent of the total requirement in that procurement.".
7. In section 16 of the principal Act,—
Amendment of section 16.
(1) after clause (b), the following clause shall be inserted, namely:—
"(bb) of a service, other than operations and maintenance, project or facility management, supervision, supply of manpower, outsourcing of tasks, leasing of machinery, equipment or vehicles and insurance, in any particular instance of procurement declared by the Government by notifi cation, upon the recommendation of a committee comprising the Secretary of the department concerned of the Government, Secretary of Finance department or his representative, the Chief Executive Offi cer or the head of the procuring entity, one technical representative of the procuring entity and one representative from a reputed Academic or Research Institution or Non-commercial Institution having expertise in such line;";
(2) clause (c), including the proviso thereto, shall be omitted;
(3) clause (dd), including the provisos thereto, shall be omitted;
(4) for clause (e), the following clause shall be substituted, namely:—
"(e) from the rate contracts of Association of State Road Transport
Undertakings;";
(5) in clause (f), for the expression, "by similar organisations", the expression
"from similar organisations" shall be substituted;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 73(6) after clause (l), the following clause shall be added, namely:—
"(m) from the Government e-Marketplace - Special Purpose Vehicle through rate contract, on-line bidding, on-line reverse auction and any other mechanism provided by the said Government e-Marketplace - Special Purpose Vehicle, as may be notifi ed by the Government.".
(By order of the Governor)
S.S. POOVALINGAM, Secretary to Gover nment, Law Department.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU