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Section 46: Debarment from bidding

The Rajasthan Transparency in Public Procurement Act, 2012State Act of Rajasthan · Act 21 of 2012

(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.

(3) If a procuring entity finds that a bidder has breached the code of integrity prescribed in terms of section 11, 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.

Where this provision sits

ActThe Rajasthan Transparency in Public Procurement Act, 2012
Section46
Marginal noteDebarment from bidding
JurisdictionState of Rajasthan
StatusIn force as published by the source

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