(1) The State Government shall establish a State Procurement Facilitation Cell which shall be headed by an officer not below the rank of a Commissioner.
(2) The State Procurement Facilitation Cell shall discharge the following functions, namely:
(a) to maintain and update the State Public Procurement Portal set up under section 17;
(b) to arrange for training and certification specified in terms of section 48;
(c) to recommend to the State Government measures for effective implementation of the provisions of this Act;
(d) to provide guidance, consistent with the provisions of this Act and the rules and guidelines made there under, to the procuring entities with respect to the matter relating to public procurement;
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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 1059
(e) to study different methods of public procurement and prepare and recommend standard bidding documents, pre-qualification documents or bidder registration documents;
(f) subject to the provisions of sub-section (2) of section 28, encourage procuring entities to adopt electronic procurement; and
(g) to discharge such other functions as may be assigned to it by the State Government consistent with the provisions of this Act and the rules and guidelines made there under.
(3) The State Procurement Facilitation Cell shall have the power to require a procuring entity or any other person by notice in writing to furnish such information as may be necessary for perfonning its functions under this Act.
Protection of action taken in good faith.-
(1) Every officer or employee of a procuring entity or any member of a committee constituted under this Act, acting under or in pursuance of the provisions of this Act or rules, guidelines, orders or notifications made there unde~ shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
(2)
(3) No suit, prosecution or other legal proceedings shall lie against any officer or employee or any other person acting in the discharge of any function under this Act for any Joss or damage caused or likely to be caused by any act which is done or intended to be done in good faith and in pursuance of the provisions of this Act.
For the purposes of this section, 'good faith' shall have the same meaning as is assigned to it under section 52 of the Indian Penal Code, 1860.
Central Act No. 45 of 1860 Cen:ral Act No.45 of 1860 Application of other laws.- The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force .
Recovery of sums payable under the Act.- Any sum payable by any person under this Act shall be recoverable as arrears ofland revenue.