Chapter II ESTABLISHMENT AND COMPOSITION OF MAHARASHTRA MEDICAL GOODS PROCUREMENT AUTHORITY

1. (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. (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.

1. (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. (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. (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. (4) The Chairperson shall preside at the meetings of the Authority.

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

1. (a) the Public Health Department of the Government of Maharashtra ;
2. (b) the Medical Education and Drugs Department of the Government of Maharashtra (excluding turnkey projects);
3. (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 ;
4. (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 ;
5. (e) private hospitals, trust hospitals, private organizations, non-Governmental organization, trust or international organisation, if they so request.

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

1. (a) to prepare and review any financial plan for procurement;
2. (b) to supervise the functioning of the Executive Committee;
3. (c) to take policy level decisions related to the functions of the Procurement Authority;
4. (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 ;
5. (e) to recommend procurement policy to the State Government regarding purchase of medicines and equipments;
6. (f) to procure medical goods and execute turnkey projects therefor and their timely availability and distribution to the consignee locations;
7. (g) to co-ordinate with other Government agencies and departments for procurement purposes;
8. (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;
9. (j) to bring transparency and accountability in procurement process of medical goods; and
10. (k) such other powers and functions as may be prescribed.

1. (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. (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.