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Section 45: Abetment of certain offences

The Assam Public Procurement Act, 2017State Act of Assam · Act 24 of 2017

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.

• • THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1057

46. Debarment from bidding.·

(1) A bidder shall be debarred by the State Government if he has been convicted

(2) of an offence -

(a) under the Prevention of Corruption Act, 1988 ; or

(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.

A bidder 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 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.

Where this provision sits

ActThe Assam Public Procurement Act, 2017
Section45
Marginal noteAbetment of certain offences
JurisdictionState of Assam
StatusIn force as published by the source

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