No. 136]
CHENNAI, FRIDAY, APRIL 13, 2018
Panguni 30, Hevilambi, Thiruvalluvar Aandu–2049
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2018
[Price: Rs. 1.60 Paise.
Part IV—Section 2
Tamil Nadu Acts and Ordinances
[ 71 ]
136-Ex-IV-2—1
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.
Bඍ 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
(Second Amendment) Act, 2018.
Short title and
commencement.
(2) It shall come into force on such date as the Government may, by notifi cation,
appoint.
Tamil Nadu Act
43 of 1998.
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:—
Amendment of
section 2.
“(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
shall be added, namely:—
Amendment of
section 3.
“(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.”.
72
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 6.
4. In section 6 of the principal Act,—
(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.”.
Amendment of
section 9.
5. In section 9 of the principal Act, after sub-section (3), the following sub-section
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.”.
Amendment of
section 10.
6. In section 10 of the principal Act, to sub-section (2), the following provisos shall be
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.”.
Amendment of
section 16.
7. In section 16 of the principal Act,—
(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
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(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 Government,
Law Department.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU