The Maharashtra Medical Goods Procurement Authority Act, 2023
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Chapter VII MISCELLANEOUS
31. Control by State Government
- (1) The Procurement Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and guidelines laid down, from time to time, by the State Government for procurement of the medical goods in the State.
- (2) The Procurement Authority shall be bound to comply with such directions which may be issued, from time to time, by the State Government for efficient administration of this Act.
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32. Power to give directions
The State Government may, from time to time, issue such general or special directions, to the Executive Committee in respect of policy matters as it deems necessary or expedient for the purpose of carrying out the objectives of this Act and the Executive Committee shall be bound to follow and act upon such directions.
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33. Power to delegate
The Procurement Authority may, by resolution, delegate from time to time, any power (except the power to make regulations) exercisable by it or any function to be discharged or any duty to be performed by it by or under this Act to the Chief Executive Officer or the Executive Committee, subject to such terms and conditions as may be specified in such resolution.
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34. Officers and other employees of Procurement Authority to be public servants
Every member, officer and other employees of the Procurement Authority and every member of the Committees or sub-committees constituted under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
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35. Indemnity
No suit, prosecution or other legal proceeding shall lie against any member or any officer or other employee of the Procurement Authority and any member of Committees constituted under this Act for anything done in good faith under this Act.
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36. Power to make regulations
The Procurement Authority may, from time to time, make regulations, not inconsistent with the provisions of this Act and the rules made thereunder, for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions under this Act.
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37. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
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38. Power to remove difficulty
- (1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
- (2) Every order made under sub-section
- (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
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