(PR)588 PAN. (PURCHASE OF MATERIAL & GOODS) RULES, 1999 R. 1 MADHYAPRADESH PANCHAYAT (PURCHASE OF MATERIAL AND GOODS) RULES, 1999 CONTEKTS
1. Short title
2. Definitions
3. Purchase of Material and Goods
4. Lowest tender to be accepted.
5. Earnest Deposit from the Tender
6. Acceptance of higher tender
7. Rates
8. No avoidable delay in disposal of tender
9. Manner of inviting tenders
10. Recall of the tender --- - ---- --I-I. -Refundof-earnest-money and security Money -----
12. Purchase to which these rules Ehall not apply
13. Purchase after obtaining Non-availability Certificate.
14. Receipt of the Material.
15. Repeal.
MADHYA PRADESH PANCHAYAT (PURCHASE OF MATERIAL AND GOODS) RULES, 1999 --.eo=.- __ -==-o No';F;-1-17~97-X.XlI-P~!~t;=dated--12-4~-199~,published in M;-P.Rajpatra- (Ext. Ordy.) dated 12-4-1999, p. 598 (3).-In exercise of the powers con-_ ferred by sub-section (1) of Section 95 of the Madhya pradesh Panchayat Raj Adhiniyam, 1993 (No. I of 1994), the State Government hereby, makes the following rules, the same having been previously published as required .
by sub-section (3) of Section 95 of the said Act, namely:-
1. Short title.-These Rules may be called the -Madhya Pradesh Panchayat (Purchase of Material and Goods) Rules, 1999.
2. Definitions.-In these rules, unless the context otherwise requires,- ,
(a) "Act" means the Madhya Pradesh Panchayat Raj Adhiniyam. 1993 (No, 1 of 1994);
(b) "Panchayat" means the Gram Panchayat, Janpad Panchayat or Zila Panchayat, as the case may be, constituted under the Act; '-
(c) "Sarpanch" means Sarpanch of the Gram Panchayat constituted under the Act;
(d) "Chief Executive 'Officer" means the Chief Executive Officer of Zila Panchayat or Janpad Panchayat, as the case may be; .
(e) "Standing Committee" means the Standing Committee of the Gram Panchayat, J anpad Panchayat or Zila Panchayat as the case may be, constituted under the pn;>visionsof the Act; -
(f) "Tender" means inviting rates of goods or material from supplier for purchasing goods or material;
(g)"Store purchase Rules" means the rules made lJ.ythe State Government for purchase of materials and goodE in the Government Institutions.
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3. Purchase of Material and Goods.-(1) For purchase of material and goods other than those for the execution of works, the Panchayat may despense with caiiing of tenders or quotations up to the limits of cost not exceeding Rs .. 500.00. -
(2) Materials and goods costing more than Rs. 500 but less than Rs.
-15,000 may be purchased at the competitive rates by inviting quotations atleast from three reputed dealers.
(3) The Panchayat shall invite tenders for purchase of materials and - goods costing over Rs. 15,000. On receipt of the tender the same shall be tabulated in case of, Gram Panchayat by the Sarpanch and Secretary and in case ofJanpad Panchayat and Zila Panchayat by an Officer nominated by Chief Executive Officer and then in case of Janpad Panchayat or Zila Panchayat, the tender shall be pl2.ced before the Chief Executive Officer.
(4)Requisitions for purchases shall not be split up so as to bring them under sub-rule (1) or (2).
(5) In case of Zila Panchayat and Janpad Panchayat the Chief Executive Officer shall get scrutinized the rates of quotation or tender by a committee of officers. Officer-in-charge of account section shall inevitably be included in the Committee.
(6)The Sarpanch shall place, the tenders before general administrative committee for scruitiny and approval and shall get its sanction.
(7) On receipt of the recommendation of the committee constituted under clause (a) of sub-rule (5) sanction up to Rs. 15000 in a case shall be given,by the-ChiefExecutiveOtIicer.,In the _case exceeding R$_.__l~QQQ_, _ the-Chief Executive Officer shall place it or cause to be placed it before' general administrative committee or any s~ch committee, as specified by --theState_Government, to supervise the purchase .of material, along with his' and committee's opinion for its decision.
(8)The general administrative committee or any such other committee, --which has been specified -by the State Government, shall sanction the purchase of machines and implements like, Road Roller, Tractor, X-Ray Iy1achine,-Drilling Machine etc. after taking technical advice of the Officer- _in-charge at district level of that Department.
------~--,------4.- Lowest tender to be-accepted-;~The-Iowest -tender- shall-ordinarily--- ------- I be accepted. '¥here for valid reason it is considered undesirable to accept the lowest tender, reasons therefor shall be clearly be recorded and made available for purposes of audit.
Note.-Where the lowest tender is iIi respect of more than one article, for example, stationery articles the comparative prices tendered may be co'nsidered either individually for each article" or conjointly for all the articles or for specified group of articles pl\ovided that the intention of the Panchayat to accept the lowest in anyone of the ways is made clear in the tender notice. If the tender is considered conjointly for all the' articles or for groups of articles the cost of all art).cles or of all the articles in each group, as the case may be, shall be worked out with reference to the rates given in each tender and the lowest tender will be that according to which _ the total cost of the probable requirements of all the articles proposed to '~e taken together works out to be the lowest.
5. Earnest Deposit from the Ten~er.-Two per cent of the estimated cost of the material to be supplied. shall be deposited as earnest money, either on cash -or by crossed bank draft in favour of the concerned I ~ ., . ," (PR)590 PAN. (PURCHASE OF MATERIAL & GOODS) RULES, 1999 R.6 Panchayat.
6. Acceptanc~ of higher tender.-Where the lowest tender is rejected, the next higher tender ,hall be accepted, unless adequate reasons are recorded for rejecting the lowest tender.
7. Rates.-A tender shall, in no case. be accepted at rates other thanthose s'pecifiedin that tender.
B•. No avoidable delay in disposal of tender.-There shall be no avoidable delay in the disposal of tenders after they are opened.
9. Manner of inviting tenders.-(1) The tenders (in sealed covers) shall be invited, in case of Gram panchayat by the Sarpanch and in case of Janpad- Panchayat and Zila Panchayat by the Chief Executive Officer in the most open and public manner invariably as under
(a) in all cases by, a notice in Hindipasted at the notice board of the officeofthe Panchayat and at such other places as it may deem fit;
(b) by advertisement in at least onedailynewspaper circulating in the district, where previous estimated cost is more than Rs. 25.000/-;
(c) by advertisement in atleast twodailynewspapers circulating in the state. -whereprevious estimated cost is more than Rs. 50.000/-;
(2) Every notice or advertisement published under sub-rule (1) shallstate interalia. .
(a) the conditions under which. the officer from whom. and the price, if any, for which a copy of the schedule of quantities of the VariousJtinds of articles can be obtained ifthey.cap not.be.
mentioned'in detail in the notice or advertisement itself.
(b) the precise form in which the terider shall be made, that is whether the prices for Various.articles are to be quoted and whether comparative value of the tender Willbe eXaminedWith reference to each article mentioned in the schedule of quantities or for all'such articles conjointlyor for groups of such articles;
(c) the time and place for presenting the tenders alloWinga f>eriod of atleast 10 days from the date of publication of the notice at the office of the panchayat or in case failing under clause {b} and {c}of sy.b-J;gle(1) from -the appearance date of -the first advertisement in the newspaper;
(d) the time and place for opening the tender;
{e} the amount of earnest money which should accompany the tender and the amount and nature of the security which Willbe required in case the tender is accepted. The security amount shall not be less than 8% of the cost of materials or goods;. \ .
(f) the authOrity competent to accept the tender;
(g) the authority competent to accept the tenders reserves the right to 'reject aFlYor all. of the tenders r~ceived'Without assigningreasons; and
(h) that a tenderer whoWithdrawshis tender, Withoutvalid reasons {tobe decided by authority competent to accept the tender}shall be liable to have his subsequent tenders summarily rejected and such person shall be liableto be responsible for the compensation ifPanchayat is put to less by recallingtenders. The amount ofloss shall be recoverable as arrears ofland Revenue.
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R.15 PAN. (PURCHASE OF MATERIAL & GOODS) RULES, 1999 (PR)591
10. Recall of the tender.-If successful tenderer withou~ reasonable cause fails to supply goods or material in the fixed time limit, such tender shall be cancelled and fresh; tenders shall be recalled, in the manner provided under thes~ rules, at the risk of the person whose tender was accepted ear:lier. If, by recalling tenders, the Panchayat is put to any loss, such person shall be liable to com:;Jensate such loss and expenses for recalling of tender. Mter adjustment from the security amount, if there is any balance it shall be recoverable as arrears of land revenue.
11. Refund of earnest money and security Money.-( 1) Earnest money deposited by unsuccessful tenderer shall be refunded immediately after acceptance of the tenders. .
(21The Earnest money and security amount of successful tender may the retumed after timely supply as per samples.
12. Purcha.lie to which these rules shall not apply.-Nothing contained in these rules shall apply to t~e purchase of
(i)Stores through the Indian Stores Department;
(ii) Such articles, through Corporation, Board or enterprises of State Government which are competent to supply such articles;
(iii)Such articles, through dealing institute registered with the Central or the Madhya Pradesh State Khadi and Gramodyog Boar? which are authorised to supply such articles;
(iv) Such articles, through the production', consumer co-operative institutions registered in the State, for which their institution are authorised.to:supply; ::-.-.:. 'C-' .•. - , c _.-,,_ •. -~ • .,.- .• ----=-.:,.=---:_-- - -..--- --- -
(v) Fuel from standing firms, for its distribution and supply or from their authorised agents at the rates for the time being enforce;
(vi)Articles from jails;
(vii)Medicines through Medical Store Department;
(viii)Articles frommanufacturing units started and belonging to the Janpad Panchayat or ZilaPanchayat or District Marketing and supply agency;
(ix) Articles from other such institutions as notified by the. State Government. ' - -.~--_..--13. --Purchase .-after -obtaining-Non~availability- Certificate.-The.-- .._. .
. 'material which, under store purchase rules, of the State Government, is intended to be purchased through Agro Industries Development Corporation, Laghu Udyog Nigam, Khadhi Gram- Udyog, Charma Vikas Nigam, Hastshilp Vikas Nigam, etc. shall be purchased from open market only . after obtaining non-availability certificate from them, complying with the said procedure in the rules.
14..Receipt of the Materlal.-On receip~ of the goods or materials it shall be properly checked and be counted, measured or weighed, as the case may be, and it shall be the duty of the r~ceiver to satisfy himself as to the correct standard and quality of supplieq. material as per sample. .
15. Repeal.- From the date of final publication of these rules in the "Madhya Pradesh Gazette" the Gram 'Panchayat (Purchase of Material and Goods) Rules, 1963, the Janpad Panchayat (Purchase of.Material and.
Goods) Rules, 1963, and the Zila Panchayat (Purchase of Material and Goods) -Rules, 1963-are hereby repealed. .
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