THE PUNJAB
PROCUREMENT REGULATORY AUTHORITY 2009
( VIII OF
2009)
[17th November, 2009]
An
Act
to provide for the establishment of the Procurement
Regulatory Authority in the Punjab
Whereas it is expedient to provide for
the establishment of the Procurement Regulatory Authority for regulating
procurement of goods, services and works in the public sector and for matters
connected therewith;
It is hereby enacted as follows:-
1.
Short title,
extent and commencement- (1) This Act may be cited as the Punjab
Procurement Regulatory Authority Act, 2009.
(2)
It extends to the whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions:
- In this Act:
(a)
“Authority” means the Punjab Procurement Regulatory
Authority established under section 3’
(b)
“Board” means the Board of Management constituted under
section 6; (c) “Chairperson” means the Chairperson of the Board.
(d)
“corrupt and fraudulent practices” includes the
offering. Giving, received or soliciting of any thing of value to influence the
action of a public official or the supplier or contractor in the procurement
process or in contract execution to the detriment of the procuring agencies; or
misrepresentation or omission of facts in order to influence a procurement
process or the execution of a contract, collusive practices among bidders
(prior to or after bid submission) designed to establish bid price at
artificial, non-competitive levels and to deprive the procuring agencies of the
benefits of free and open competition, to harm or threaten to harm persons or
their property to influence procurement proceeding or affect the execution of a
contract and any request for, or solicitation of anything of value by any
public official in the course of the exercise of his duty;
(e)
“Fund” means the Public Procurement Fund;
(f)
“goods” means articles and objects of every kind and
description including raw materials, products, equipment, machinery, spares and
commodities in any form and includes services incidental to installation,
transport, maintenance and similar obligations related to the supply of goods
if the value of these services does not exceed the value of such goods;
(g)
“Government” means the Government of the Punjab;
(h)
“Managing Director” means the Managing Director of the
Board.
(i)
“Member” means a member of the Board;
(j)
“misprocurement” means public procurement in
contravention of any provision of this Act, rules, regulations, orders or
instructions made there under or any other law in respect of, or relating to
the public procurement;
(k) “prescribed”
means prescribed by the rules made under this Act. (l) “Procuring Agency”
means-
(i)
a department or office of the Government;
(ii)
a district government; or
(iii)
an authority, corporation, program, project, body or
organization established by or under a Provincial law or which is owned or
controlled by Government of the Punjab.
(m)
“Punjab Fund” means the Provincial Consolidated Fund
and the Public Account of the Province as defined in the Constitution of
Islamic Republic of Pakistan and includes funds of a Procuring Agency:
(n)
“Public procurement” means acquisition of goods,
services or rendering of works financed wholly or partly out of the Public
Fund, unless excluded by the Government;
(o)
“regulations” means regulations made under this Act;
(p)
“rules” means rules made under this Act’
(q)
“services” includes advisory and consultancy services
of any kind; and
(r)
“works” means a construction work adding consisting of
erection, assembly, repair, renovation or demolition of a building or structure
or part thereof, such as site preparation, excavation, installation of
equipment or materials and decoration, finishing and includes incidental
services such as drilling, mapping, satellite photography, seismic
investigations and similar activities, if the value of those services does not
exceed that of the works themselves.
3.
Establishment
of Authority: - (1) The Government shall, by notification, establish an
Authority to be called the Punjab Procurement Regulatory Authority for carrying
out the purposes of this Act.
(2)
The Authority shall be a body corporate, having
perpetual succession and common seal with power to enter into contract; and it
may sue or be used by the said name.
4.
Directions
by the Government: - The Government may issue directive to the Authority on
a matter of policy and the directive shall be binding on the Authority.
5.
Functions
and powers of the Authority:- (1) The Authority may take measures and
exercise powers as may be necessary for improving governance, management,
transparency, accountability and quality of public procurement.
(2)
Subject to sub-section (1), the Authority may-
(a)
monitor application of the laws, rules, regulations,
policies and procedures in respect of, or relating to the public procurement;
(b)
monitor the implementation of and evaluate laws, rules,
regulations policies and procedures in respect of, or relating to, inspection
or quality of goods, services and works and recommend reformulation thereof or
revisions therein as it deems necessary;
(c)
recommend to the Government revisions in or formulation
of new laws, rules and policies in respect of or related to public procurement;
(d)
make regulations and lay down codes of ethics and
procedures for public
procurement, inspection or
quality of goods, services and works;
(e)
establish performance indicators for procurement
performance of the Procuring Agencies and monitor compliance with these
indicators through independent third party evaluation and make recommendations
for improvement of procurement performance of the Procuring Agencies;
(f)
Issue guidance and instructions regarding the
interpretation and implementation of the Act, rules and regulations;
(g)
provide assistance and coordinate with the Procuring
Agencies for developing and improving their institutional framework and public
procurement activities;
(h)
prepare standard documents to be used in connection
with public procurement;
(i)
present an annual report to the Government regarding
the overall functioning of the public procurement system, including
recommendations on measures to be taken by the Government to enhance the
quality of procurement work;
(j)
call a functionary of a Procuring Agency to provide
assistance in its functions and call for information from a Procuring Agency
pursuance of its objectives and functions;
(k)
develop, promote and support training and professional
development policy of officials and other persons engaged in public
procurement; and
(l)
perform other function as may be assigned to it by the
Government.
6.
Board –
(1) The management and administration of the Authority shall vest in the Board
of Management.
(2)
The Board shall consist of:
(a)
Chief Secretary to the Government Chairperson
(b)
Secretary to Government of the Member
Punjab, Finance Department
(c)
Secretary to Government of the Member
Punjab, P&D Department
(d)
Secretary to Government of the Member
Punjab, Health Department
(e)
Secretary to Government of the Member
Punjab, Information Technology
Department
(f)
Secretary to Government of the Member
Punjab, Irrigation & Power Department
(g)
Three Members of
Provincial Assembly Member
of the Punjab[1][ including at least one female member of
the Assembly] nominated by the Government
(h)
Three Members
from Chamber of Member
Commerce and Industry [2][including at least one female] nominated by
the Government; and
(i)
Managing Director Secretary/Member
(3)
A Member other than an ex-officio Member shall hold
office for a period of three years and shall be entitled to the perks and
privileges as Government may determine.
(4)
A Member other than an ex-officio Member may resign by
tendering his resignation to the Government.
(5)
A casual vacancy in the Board shall be filled through
nomination by appropriate authority for the residue of the term of the outgoing
Member.
(6)
The existing of a vacancy in the constitution of the
Board shall not invalidate an act of proceedings of the Board.
7.
Meeting of
the Board. – (1) The meetings of the Board shall be presided over by the
Chairperson or in his absence by a member nominated by the Chairperson.
(2)
Seven Members shall constitute the quorum for a meeting
of the Board.
(3)
An ex-officio Member may nominate an officer, not below
the rank of an Additional Secretary to attend the meeting.
(4)
The Board shall take decision by a simple majority of
the Members present and voting.
(5)
Managing Director shall record the minutes of the
meeting.
8.
Managing
Director. – (1) The Government shall appoint Managing Director of the Board
for a period of three years on the terms and conditions as it may determine.
(2)
The Government shall not vary, alter or modify the
terms and conditions of service of the Managing Director during his term of
office.
(3)
The Managing Director shall be responsible for day to
day administration of the Authority.
(4)
The Managing Director shall be eligible for
re-appointment but his total tenure shall not exceed six years.
(5)
The Government shall not appoint a person as the
Managing Director, if he:-
(a)
has been convicted of an offence involving moral
turpitude;
(b)
has been removed from a service for misconduct;
(c)
has been adjudged as un-discharged insolvent;
(d)
is incapable of discharging his duties by reasons of
physical or mental incapacity in the opinion of a Medical Board constituted by
the Government; or (e) has a conflict of interest with the Authority.
(6)
The Managing Director may resign by tendering his
resignation to the Government.
(7)
A Managing Director shall not engage in any other
service, business, vocation or employment nor shall he, before the expiry of
one year from the date of his relinquishment of the charge of his office, enter
into employment or accept any advisory or consultancy relationship with any
person engaged in public procurement activity:
Provided that where
the Managing Director is a Government Servant, there shall be no such
restrictions on his employment after his retirement or transfer from the post
of Managing Director.
(8)
A managing Director shall not have a direct or indirect
financial interest or connection with a Company engaged in public procurement
activity during the term of his office and for a period of one year thereafter.
(9)
The Managing Director shall:-
(a)
exercise administrative control over the personnel of
the Authority.
(b)
exercise, in respect of the Authority, such other
management, administrative and financial powers as may be determined by the
Board;
(c)
submit the annual budget proposals of the Authority to
the Board,
(d)
prepare the annual report of the Authority for the
Board and the Government;
(e)
exercise powers as the Board may delegate to him; and
(f)
act on behalf of the Authority, in any emergency,
subject to the obligation to report the action to the Board at its next meeting
and to seek ratification of his action.
9.
Appointment
and remuneration of the third party evaluation firms.- (1) The Authority
may appoint a firm for conducting a third party evaluation of public
procurement contracts of a Procuring Agency against payment of remuneration.
(2)
Subject to sub-section (3), the criteria for the
selection and appointment of a firm for third party evaluation shall be
prescribed.
(3)
A firm that submitted bid for the award of a public
procurement contract of a Procuring Agency shall not be eligible for
appointment as evaluator of the contracts of the Procuring Agency.
(4)
The firm shall submit its evaluation report to the
Authority.
10.
Training. -
The Authority shall formulate training policies and launch training programmes
for the relevant personnel of the Procuring Agencies.
11.
Maintenance
of Website. - (1) The Authority shall maintain a website for the
procurement activities.
(2)
The Procuring Agency shall update the procurement
activities on the website in the prescribed manner.
12.
Fund. -
(1) The Authority shall establish a Fund to be known as the Public Procurement
Fund.
(2)
The sources of income of the Fund shall be:
(a)
grants made by the Government;
(b)
Donations, endowments and grants from any individual or
organization except from those dealing with public procurement;
(c)
Income from investment by the Authority; and
(d)
All other sums or properties which may in any manner
become payable to, or vest in the Authority.
(3)
The Authority shall keep, maintain and spend the Fund
in the prescribed manner.
(4)
The Authority shall exercise prudence in all financial
transcriptions.
(5)
The Authority shall spend the Fund for the purpose of:
(a)
paying an expenditure lawfully incurred by the
Authority, relating to remuneration of its Members, employees, advisers, and
consultants of the Authority, legal fees and costs as well as other fees and
costs;
(b)
paying any other expenses, costs or expenditure
properly incurred by the Authority in the performance of its functions or
exercise of its powers;
(c)
purchasing or hiring equipment, machinery and any other
work and
undertakings in the performance
of its functions or exercise of its powers;
(d)
Payment of a financial obligation; and
(e)
Payment of an expense for carrying out the provisions
of this Act.
13.
Power to
obtain finances and receive grants.- The Authority may, with the approval
of the Government, accept grants from entitles both domestic and international,
including multilateral agencies, except those connected with public
procurements, for meeting its obligations or performing its functions.
14.
Investment:
- The Authority may invest its surplus funds in the prescribed manner.
15.
Budget and
accounts. - (1) The Managing
Director shall maintain the accounts of the Authority in the prescribed manner.
(2)
The Managing Director shall prepare, for approval of
the Government, by such date and in such form as may be specified by the
Government, a statement showing the estimated receipts and current expenditure
and the sums required by the Authority from the Government during the next
financial year.
16.
Audit of the
Authority.- (1) The Government shall appoint a firm of chartered
accountants for the annual audit of the accounts of the Authority.
(2)
Annual audit report of the accounts of the Authority
shall be laid before the Board for approval.
17.
Information.
- The Authority may call for an information required by it for carrying out
the purposes of this Act, from a person or an institution concerned with the
public procurement and the person or the institution shall provide the
requisite information.
(2)
The Authority shall furnish information to the
Government, as the Government may require.
18.
Annual
report. - (1) The Authority shall, before the end of October, prepare its
annual performance report of the preceding financial year which shall include
inquiries and investigations made by the Authority during the financial year.
(2)
The Authority shall submit to the Government its annual
audit report and the annual performance repot.
19.
Ethical
considerations. - A Procuring
Agency shall observe ethical standards and principles of conduct laid down by
the Authority.
20.
Appointment
of officer and staff, etc. - The Authority may appoint such officers,
servants, advisers, consultants and experts, as it may consider necessary for
performance of its functions in accordance with the criteria and procedure as
may be provided in the regulations.
21.
Members,
officers, etc. to be public servants. - The Chairperson, Members, Managing
Director, Officers, servants, advisers, consultants and experts of the Authority
shall, when acting or purporting to act in pursuance of any of the provisions
of this Act or the rules and regulations made there under, be deemed to be
public servants within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860).
22.
Delegation.-
The Board may, be such conditions and limitations as it may deem fir to impose,
delegate any of the functions or powers of the Authority to the Managing
Director, or one or more Members or any of the officers of the Authority except
the power to:
(a) approve
audited accounts of the Authority. (b) recommend
exemption under section 23; and (c) make,
amend or repeal regulations.
23.
Power to
exempt.- The Board may, for reasons to be recorded in writing, recommend to
the Government that the procurement of an object or class of objects in the
public interest be exempted from the operation of this Act, the rules the
regulations or any other law regulating public procurement.
24.
Indemnity. -
No suit, prosecution or other legal proceedings shall lie against the Authority,
the Board; the Chairperson or any member, officer, servants, advisers or
consultants of the Authority in respect of anything done in good faith in
public interest or intended to be done under this Act, the rules or the
regulations.
25.
Common seal.
- (1) The Managing Director or such other person, as the Chairperson may
authorize shall keep the common seal of the Authority.
(2)
The seal shall be authenticated in the manner as may be
prescribed and a document, pertaining to the public procurement, authenticated
with the seal of the Authority shall be admissible as evidence of the contents
of the document.
26.
Rules. -
The Government may, by notification, make rules for carrying out the purposes
of this Act.
27.
Regulations.
- Subject to the provisions of the Act and the rules, the Authority may
make regulations for giving effect to the provisions of this Act.
28.
Repeal and
Validation. - (1) The Punjab Procurement Regulatory Authority Ordinance,
2007 (XIX of 2007) is hereby repealed.
(2)
Notwithstanding anything contained in any law, anything
done, proceedings of action taken, order or rule made, liability incurred or
right acquired under the Ordinance XIX of 2007 or purported to have been done,
taken, made, incurred or acquired under that Ordinance, from the date of promulgation
of the Ordinance till the coming into force of this Act, shall be deemed to
have been done, taken, made, incurred or acquired under this Act.
No comments:
Post a Comment