Karnataka ord 002 of 2006 : Karnataka Transparency in Public Procurements (Amendment) Ordinance, 2006

Preamble

Karnataka Transparency in Public Procurements (Amendment) Ordinance, 2006*

[Karnataka Ordinance No. 2 of 2006][25th November, 2006]

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

Whereas both Houses of the State Legislature are not in session and the Governor of Karnataka is satisfied that the circumstances exist which render it necessary for him to take immediate action further to amend the Karnataka Transparency in Public Procurements Act, 1999 (Karnataka Act 29 of 2000) for the purposes hereinafter appearing;

Now, therefore, in exercise of the powers conferred on me by clause (1) of Article 213 of the Constitution of India, I, T.N. Chaturvedi, the Governor of Karnataka am pleased to promulgate the following Ordinance, namely:-

* Received the assent of the Governor on the 25th day of November, 2006 and First published in the Karnataka Gazette Extra-ordinary on the 27th day of November, 2006

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Ordinance may be called the Karnataka Transparency In Public Procurements (Amendment) Ordinance, 2006.

(2) It shall come into force at once.

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Karnataka Transparency in Public Procurements Act, 1999 (Karnataka Act 29 of 2000) (hereinafter referred to as the principal Act),-

(i) after clause (a), the following shall be inserted, namely:-

"(aa) ‘e-Procurement’ means purchase of goods, obtaining of services or undertaking of construction work by the procurement entity through e-Procurement platform;

(aaa) ‘e-Procurement Platform’ means a procurement platform of electronic media comprising of procurement process set up and managed by the State Government through integrated internet enabled procurement tools incorporated by customisation."

(ii) after clause (l), the following proviso shall be inserted, namely:-

"Provided that for the purpose of e-Procurement, the ‘tender papers’ means set of documents in electronic form."

Section 3. Insertion of new Chapter IIA

3. Insertion of new Chapter IIA.- After Chapter II of the principal Act, the following shall be inserted, namely:-

"CHAPTER IIA

E-PROCUREMENT

18A. E-Procurement.- (1) There shall be a single unified e-procurement platform for all procurement entity which may be notified under sub-section (2).

(2) With effect from such date, as may be specified by the Government, by notification, a procurement entity in respect of a class of procurement if any, as may be notified shall procure its procurements through the e-procurement platform.

(3) Notwithstanding anything contained in this Act, the Government may make rules, for specifying a separate procedure to be followed by procurement entities notified under sub-section (2) for e-procurement through e-procurement platform; and for non-application of other procedure of procurement to e-procurement."