Karnataka act 021 of 2001 : Karnataka Transparency in Public Procurements (Amendment) Act, 2001

Preamble

Karnataka Transparency in Public Procurements (Amendment) Act, 2001*

[Karnataka Act No. 21 of 2001][24th August, 2001]

An Act to amend the Karnataka Transparency in Public Procurements Act, 1999.

Whereas it is expedient to amend the Karnataka Transparency in Public Procurements Act, 1999 (Karnataka Act 29 of 2000) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Fifty-second year of the Republic of India as follows:-

* Received the assent of the Governor on the 24th day of August, 2001 and First published in the Karnataka Gazette Extra-ordinary on the 25th day of August, 2001

SOR Statement of Objects and Reasons

STATEMENT OF OBJECT AND REASONS

Clause (e) of section 4 of the Karnataka Transparency in Public Procurements Act, 1999 excludes applicability of Chapter II of the Act to the Government Departments in respect of procurement of goods or services of the value not exceeding rupees five lakhs and to the local authorities in case of implementing mini water supply and construction of school rooms of the value not excluding rupees two lakhs and in any other case where the value does not exceed rupees one lakh.

Keeping in view the escalation in prices, it was felt necessary to have a uniform limit in respect of Government Departments as well as procurement of goods and services in the case of public sector undertakings, etc.

Therefore it is considered necessary to amend the Act to exclude the applicability of Chapter II of the Act,-

(i) in respect of procurement made by the Government Departments, State Government Undertaking or any Board, Body or Corporation established by or under any law and owned or controlled by the Government, Zilla Panchayats, City Municipal Corporations, City Municipal Councils, Hyderabad Karnataka Area Development Board, Malnad Area Development Board and Bayaluseeme Development Board for construction work of all types of values not exceeding rupees five lakhs and in case of goods and services other than construction work, of the value not exceeding rupees one lakh.

(ii) where the procurement of goods or service is by Grama Panchayat, Taluk Panchayat, Town Municipal Councils, Town Panchayats or Urban Development Authorities for the purpose of implementing mini waters supply scheme or construction of school rooms of the value not exceeding rupees two lakhs and in other cases, of the value not exceeding rupees one lakh.

Hence the Bill.

Section 1. Short title and commencement

1. Short title and commencement.- This Act may be called the Karnataka Transparency in Public Procurements (Amendment) Act, 2001.

(2) It shall come into force at once.

Section 2. Amendment of section 4

2. Amendment of section 4.- In section 4 of the Karnataka Transparency in Public Procurements Act, 1999 (Karnataka Act 29 of 2000) for clause (e), the following shall be substituted, namely:-

"(e) where the procurement is by the Government Departments, State Government Undertakings, or any Board, Body or Corporation established by or under any law and owned or controlled by the Government or Zilla Panchayats constituted under the Karnataka Panchayat Raj Act, 1993 or City Municipal Corporations established under the Municipal Corporations Act, 1976 or City Municipal Councils established under the Karnataka Municipalities Act, 1964 or the Hyderabad Karnataka Areas Development Board constituted under the Hyderabad Karnataka Area Development Board Act, 1993 or Malnad Area Development Board constituted under the Malnad Area Development Board Act, 1991 or the Bayaluseeme Development Board constituted under the Bayaluseeme Development Board Act, 1994,-

(i) in case of construction works of all types the value of which does not exceed rupees five lakhs;

(ii) in case of goods or services other than construction works the value of which does not exceed rupees one lakh;

(ee) where the procurement of goods or services is by the Grama Panchayats and Taluk Panchayats constituted under the Karnataka Panchayat Raj Act, 1993, Town Municipal Councils or Town Panchayats constituted under the Karnataka Municipalities Act, 1964 or Urban Development Authorities constituted under the Karnataka Urban Development Authorities Act, 1987,-

(i) for the purpose of implementing mini water supply scheme or construction of school rooms and the value of such procurement does not exceed rupees two lakhs; and

(ii) for other purposes and the value of such procurement does not exceed rupees one lakh".