(1) This Act shall apply to all procurements which are met from the Government Accounts, including the Consolidated Fund of the State, Public Accounts and Contingent Fund of the State.
(2) For the purposes of this Act, “procuring entity” means,-
(a) any department of the Government of Punjab or its attached or subordinate office;
(b) any Public Sector Enterprise owned or controlled by the Government of Punjab;
(c) any entity established or constituted by the Constitution of India or an Act of Parliament, whose expenditure is met from the Consolidated Fund of the State;
(d) any entity or Board or Corporation or authority or Society or Trust or Commission or autonomous body (by whatever name called) established or constituted by an Act of the State Legislature;
(e) any entity that receives grant or financial aid out of the Consolidated Fund of the State or retains any levy/user PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 10, 2019 (BHDR 19, 1941 SAKA) 101 charges/fees etc. collected from the public after being authorized to do so by the State Government and is owned or controlled or managed by the Government of Punjab;
(f) any other entity which the State Government may, by notification, specify to be a procuring entity for the purpose of this Act, being an entity that receives substantial financial assistance from the State Government in so far as the utilization of such assistance towards procurement is concerned; and
(g) any procurement support agency or procurement agent or procurement consultant involved in procurement on behalf of the procuring entities specified in clauses (a) to (f) above.
(3) Notwithstanding anything contained in sub-section (1), provisions of this Act shall not apply to a procuring entity subject to any obligation of the Government of Punjab under or arising out of any agreement,-
(a) entered into by the Central Government with any other country or with an intergovernmental international financing institution;
or
(b) to which the Government of Punjab is party with one or more State Governments or with the Central Government, and the requirements of such agreement shall prevail over the provisions of this Act.
4. Subject to such rules as may be made in this behalf consistent with the provisions of sections 5 and 7 the provisions of Chapter II and III shall not apply to,-
(a) any procurement, the estimated cost or value of which is less than the threshold value as the State Government may, by notification, specify for different classes or categories of procurements or procuring entities;
(b) emergency procurement necessary for the management of any disaster, as defined in clause (d) of section 2 of the Disaster Management Act, 2005 (Central Act No. 53 of 2005);
(c) the procurement under Assembly and Parliamentary election urgency;
(d) procurement for the purposes of security or on strategic considerations that the State Government may, by general or special order, specify;
Exemptions.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 10, 2019 (BHDR 19, 1941 SAKA) 102 Documentary record of procurement proceedings and of communications.
(e) procurement by a procuring entity under clause (b) to clause (f) of sub-section (2) of section 3 from its subsidiary company or joint venture company in which such procuring entity has more than fifty percent share; and
(f) any other procurement, as may be notified by the State Government.
Chapter II General principles of public procurement