(1) A bidder shall be debarred by the State Government if he has been convicted of an offence,-
(a) under the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988); or
(b) under the Indian Penal Code, 1860 (Central Act No. 45 of 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.
(2) 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.
Debarment from bidding.
Offences by companies.
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 10, 2019 (BHDR 19, 1941 SAKA) 131 Previous sanction necessary for prosecution.
(3) If a procuring entity finds that a bidder has breached the code of integrity specified in section 7, 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.
57. No court shall take cognizance of an offence punishable under this Act, alleged to have been committed by a public servant during the course of his employment, except with the previous sanction,-
(a) in case of a person who is employed in connection with the affairs of the State and is not removable from his office save by or with the sanction of the State Government, of that Government; and
(b) in the case of any other person, of the authority competent to remove him from his office.
Chapter XIII Miscellaneous
58. 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.
59. Any sum payable by any person under this Act shall be recoverable as arrears of land revenue in terms of the provisions of the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887).