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Section 45

The Punjab Transparency in Public Procurement Act, 2019.State Act of Punjab · Act 12 of 2019

(1) The State Government may establish a Directorate of Procurement Policy and Enforcement which shall be headed by an officer not below the rank of a Special Secretary to the State Government.

(2) The Directorate shall draw the officials from various Administrative Departments of the Government of Punjab, including from its Law Enforcement Agencies or procuring entities, on deputation basis to discharge the functions entrusted upon it.

(3) The Directorate shall discharge the following functions, namely:-

(a) to maintain and update the State Public Procurement Portal set up under section 43;

(b) to arrange for training and certification;

(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 thereunder, to the procuring entities with respect to the matter relating to public procurement;

(e) to study different methods of public procurement and prepare and recommend standard bidding documents, pre-qualification documents or bidder registration documents; and

(f) to discharge such other functions, as may be assigned to it by the State Government.

(4) The Directorate 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 performing its functions under this Act. The information shall be kept confidential till the procurement process is completed.

46. 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 thereunder, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

47. 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 loss 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.

Protection of action taken in good faith.

Procurement Facilitation.

PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 10, 2019 (BHDR 19, 1941 SAKA) 127 Audit.

Appeals.

Chapter X Procurement Performance Management

48. The audit of each procuring entity shall, in the audit report, include whether the provisions of this Act and rules made thereunder have been complied with for all procurements.

Chapter XI Appeal

Where this provision sits

ActThe Punjab Transparency in Public Procurement Act, 2019.
Section45
JurisdictionState of Punjab
StatusIn force as published by the source

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