Maharashtra act 013 of 2023 : The Maharashtra Medical Goods Procurement Authority Act, 2023.

  • Date:
Department
  • Public Health Department
Ministry
  • Ministry of Govt of Maharashtra
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CHAPTER I
CHAPTER II
CHAPTER III
CHAPTER IV
CHAPTER V
CHAPTER VI
CHAPTER VII
Section 1.Short title and commencement.

(1) This Act may be called the Maharashtra Medical Goods Procurement Authority Act, 2023.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.


Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "appointed day" means the date on which the provisions of this Act shall come into force under sub-section (2) of section;
(b) "Chief Executive Officer" means the Chief Executive Officer of the Procurement Authority established under this Act;
(c) "medical consumables" includes gloves, syringes, bandages, cotton wool, sutures, catheters, tubes, infusion sets, I.V. cannulas, etc., laboratory supplies including pipettes, blood collecting tubes and microscope supplies and surgical instruments such as scalpels, forceps, lancets, scissors, etc.;
(d) "medical device" means any instrument, apparatus, implement, machine, appliance, implant, reagent for use, software, material or other similar or related article, intended by the manufacturer to be used, alone or in combination, for human beings, for one or more of the specific medical purpose of,-
(i) diagnosis, prevention, monitoring, treatment or alleviation of disease,
(ii) diagnosis, monitoring, treatment, alleviation of or healing of an injury,
(iii) investigation, replacement, modification or support of the anatomy or of a physiological process,
(iv) supporting or sustaining life,
(v) control of conception,
(vi) disinfection of medical devices,
(vii) providing information by means of examination of specimens derived from the human body,
and does not achieve its primary intended action by pharmacological, immunological or metabolic means, in or on the human body, but which may be assisted in its intended function by such means;
(e) "medical equipment" means the medical devices requiring calibration, maintenance, repair, user training and decommissioning - activities (usually managed by clinical or biomedical engineers) used for the specific purposes of diagnosis and treatment of disease or rehabilitation following disease or injury of human beings and can be used either alone or in combination with any accessory, consumable or other piece of medical device or medical equipment but excludes implantable, disposable or single-use medical devices;
(f) "medical goods" means medicines, medical consumables, medical devices, medical equipments or execution of turnkey projects therefor; and includes any other medical goods as the State Government may, from time to time, in consultation with Procurement Authority, by notification in the Official Gazette, specify, to be the medical goods for the purposes of this Act;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "procure" or "procurement" means the process of purchase, storage or supply of the medical goods;
(i) "Procurement Authority" means the Maharashtra Medical Goods Procurement Authority established under sub-section (1) of section 3;
(j) "regulations" means the regulations made under this Act;
(k) "rules" means the rules made under this Act;
(l) "Secretary" means Additional Chief Secretary or Principal Secretary or Secretary of any administrative Department of the State Government.


Section 3.Establishment of Maharashtra Medical Goods Procurement Authority.

(1) As soon as may be after the appointed date, the State Government shall, by notification in the Official Gazette, establish an authority to be called "the Maharashtra Medical Goods Procurement Authority", for the purposes of this Act.

(2) The Procurement Authority shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose off property, both movable and immovable, and by the said name may sue and be sued.


Section 4.Composition of Procurement Authority.

(1) The Procurement Authority shall consist of the following Chairperson, Deputy Chairpersons and Members, ex-officio, namely :-
(a)the Chief Minister- Chairperson;
(b) the Minister for Public Health - Deputy Chairperson;
(c)the Minister for Medical Education- Deputy Chairperson;
(d)the Minister for Food and Drugs Administration- Deputy Chairperson;
(e)the Minister of State for Public Health - Member;
(f)the Minister of State for Medical Education - Member;
(g)the Minister of State for Food and Drugs Administration- Member;
(h)the Chief Secretary to Government of Maharashtra - Member;
(i)the Secretary-I of Public Health Department- Member;
(j)the Secretary-II of Public Health Department- Member;
(k)the Secretary of Medical Education and Drugs Department- Member;
(l)the Secretary of Industries Department - Member;
(m)the Secretary of Finance Department- Member;
(n)the Secretary-(UD-II) of Urban Development Department- Member;
(o)the Commissioner, Health Services- Member;
(p)the Chief Executive Officer of the Procurement Authority- Member-Secretary.

(2) The Chairperson may delegate all or any of his powers or functions under this Act to any one of the Deputy Chairperson as he deems fit.
(3) The Procurement Authority shall meet at least once in six months, at such place and at such time as the Chairperson may decide and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereat) as may be laid down by regulations.
(4) The Chairperson shall preside at the meetings of the Authority. In absence of the Chairperson at any meeting, any other member of the Authority elected by the members present at the meeting shall preside at such meeting.


Section 5.Objectives of Procurement Authority.

The objectives of the Procurement Authority shall be to procure medical goods for,-

(a) the Public Health Department of the Government of Maharashtra;
(b) the Medical Education and Drugs Department of the Government of Maharashtra (excluding turnkey projects);
(c) any other Department of the Government of Maharashtra, the urban or the rural local authorities or for any other authority or entity established, by or under any law, by the State Government, if they so request;
(d) the Central Government, other State Governments, Union Territories, or urban or rural local authorities of other States or other authority or entity established by or under any law by the Central Government or the other State Government or the Union Territory, if they so request;
(e) private hospitals, trust hospitals, private organizations, non-Governmental organization, trust or international organisation, if they so request.


Section 6.Powers and functions of Procurement Authority.

The Procurement Authority shall, for the purposes of procurement of the medical goods, exercise the powers and discharge the functions, as follows, namely :-

(a) to prepare and review any financial plan for procurement;
(b) to supervise the functioning of the Executive Committee;
(c) to take policy level decisions related to the functions of the Procurement Authority;
(d) to recommend to the State Government any matter or proposal requiring action by the State Government or any other authority for the overall procurement and supply of medical goods;
(e) to recommend procurement policy to the State Government regarding purchase of medicines and equipments;
(f) to procure medical goods and execute turnkey projects therefor and their timely availability and distribution to the consignee locations;
(g) to co-ordinate with other Government agencies and departments for procurement purposes;
(h) to oversee the procurement process for streamlining supply of medical goods;
(i) to supervise or otherwise ensure adequate supervision over the planning and execution of any procurement process, the expenses of which, in whole or in part, are to be met from the Procurement Authority Fund;
(j) to bring transparency and accountability in procurement process of medical goods; and
(k) such other powers and functions as may be prescribed.


Section 7.Procedure for procurement of medical goods.

(1) A demand for procurement of the medical goods shall be generated by the concerned administrative Department and after giving administrative approval, the proposal for its purchase shall be forwarded by the concerned Administrative Department to the Procurement Authority for procurement. The Procurement Authority shall thereafter carry out the procurement procedure as per provisions of this Act and rules and regulations made thereunder.

(2) The Procurement process shall be carried out by the Procurement Authority as per the orders issued by the Industries Department of the State Government through the Government Resolutions, the Government e-Market Place (GeM Portal) guidelines and any other relevant guidelines on procurement issued by the State Government, from time to time.


Section 8.Constitution of Executive Committee.
Section 9.Powers and functions of Executive Committee.
Section 10.Meetings of Executive Committee.
Section 11.Constitution of sub-committees.
Section 12.Delegation of powers or functions by Executive Committee.
Section 13.Authentication of orders, etc., of Procurement Authority and Executive Committee.
Section 14.Proceedings presumed to be good and valid.
Section 15.Provision for inviting Government or local authority officers to assist or advise.
Section 16.Chief Executive Officer and his Powers, Functions and Duties.
Section 17.Supervision by Chief Executive Officer.
Section 18.Responsibility of Chief Executive Officer.
Section 19.Officers and employees of Procurement Authority.
Section 20.Fund of Procurement Authority.
Section 21.Reserve and other funds.
Section 22.Application of funds, etc.
Section 23.Grants by State Government.
Section 24.Powers of Procurement Authority to borrow.
Section 25.State Guarantee to loans taken or given by Procurement Authority.
Section 26.Accounts and Audit.
Section 27.Budget.
Section 28.Annual Report.
Section 29.Operations of Procurement Authority not to be carried at a loss.
Section 30.Fees or charges by Procurement Authority.
Section 31.Control by State Government.
Section 32.Power to give directions.
Section 33.Power to delegate.
Section 34.Officers and other employees of Procurement Authority to be public servants.
Section 35.Indemnity.
Section 36.Power to make regulations.
Section 37.Power to make rules.
Section 38.Power to remove difficulty.
SECTIONS