Chapter I Chapter I

Short title and commencement:-

1. (1) This Act may be called The Mizoram Transparency in Public Procurements Act, 2008.
2. (2) It shall extend to the whole of Mizoram.
3. (3) It shall come into force on such date as the Government may by Notification appoints, and different dates may be appointed for different provision of this Act.

Definitions:- In this Act, unless the context otherwise requires,-

1. (a) "Construction works" means putting up, demolishing, repairs or renovation of buildings, roads, bridges or other structures including fabrication of steel structures and all other civil works;
2. (b) "Goods" means other machinery, motor vehicles, equipment, furnitures, articles of stationery, drugs, scientific and laboratory instruments, chemicals, oil and oil seeds or other agriculture and horticulture inputs for consumption, use or by a procurement entity in discharge of its public duties;
3. (c) "Government" means the State Government of Mizoram;
4. (d) "Prescribed" means prescribed under the rules framed under this Act;
5. (e) "Procuring authority" means any Government Department, a State Government Undertaking, Local Authority or Board, Body of Corporation established by or under any law and owned or controlled by the Government, and as may be specified by it;
6. (f) "Public Procurement" or "Procurement" means purchase of goods, obtaining of services or undertaking of construction works by the procuring authorities.
7. (g) "Services" means the actions of serving, attending upon, helping or benefiting a procuring authority in the course of discharging its public duties and includes construction works;
   • (I) "Specified goods or services" means the goods or services as the case may be, specified in a tender and identified in the contract resulting from acceptance of a tender by a procuring authority;
8. (j) "Tender" means the formal offer made for supply of goods or services in response to an invitation for tender published in a Tender Bulletin;
9. (k) "Tender Accepting Authority" means an officer or a Committee appointed to accept tenders and a "Tender Inviting Authority" means an officer or a Committee to invite tenders, under Section 9;
10. (b) "Tender Bulletin" means a bulletin published for the state as a whole or for any district or districts within the State containing the details of invitation, processing and acceptance of Tenders;
11. (m) "Tender Bulletin Officer" means a State Tender Bulletin Officer or a Tender Bulletin Officer referred to in Section 7;
12. (b) "Tender Document" means the set of papers containing schedule of works, calendar of events, requirement of goods and services, technical specifications, procurement criteria and such other particulars, as may be prescribed for evaluation and comparison of tenders.

Provisions not to apply to certain cases: The provisions of this Act, insofar as they are inconsistent with the procedure specified in respect of the Projects funded by International Financial Agencies or Projects covered under International Agreements, shall not apply to procurement of goods or services for such project.

Exceptions to applicability: The provisions of Chapter II shall not apply to procurement of goods and services;-

1. (a) during the period of natural calamity or disaster declared by the government;
2. (b) where the goods or services are available from a single source or where a particular supplier or contractor has exclusive rights in respect of the goods or services or construction work and no reasonable alternatives or substitutes exist: Provided that for the purpose of this clause there shall be a Committee of three experts consisting of one technical representative of the procuring authority one technical representative of the Government organisation dealing with similar procurement and one representative of a reputed academic or research institution or Non-Commercial Institution having expertise in such line to examine and declare that the goods or services are available from a single source;
3. (c) where the procuring authority having procured goods, services or technology from a supplier or contractor determines that the supplies must be procured from the same supplier or contractor for reasons of standardization and compatibility with the existing goods service or technology;
4. (d) where the goods or services are procured from certain Departments of Government, public sector undertakings, statutory boards and such other institutions specified by the Government and such goods are manufactured or services are provided only by them, for a period not exceeding two years from the date of commencement of this Act;
5. (e) where the value of the goods or services to be procured.
   • (i) by the Government Departments does not exceed rupees ten thousand .or
   • (ii) by a local authority for the purpose of implementing schemes or programmes, or construction of schools granted by Central or State Government does not exceed rupees fifty thousand and for other purposes, does not exceed rupees one lakh. Explanation- For the purpose of this clause local authority includes Village Councils, Autonomous District Councils and any other similar authorities.
6. (f) where the goods or services are procured under rate contracts from the Director General of Supplies and Disposals or from Associations of State Road Transport Undertakings;
7. (g) in respect of specific procurements as may be notified by the Government from time to time; or
8. (h) in respect of spot purchase of agriculture & animal products by MAMCO, cane, bamboos and minor forest products purchased by ZOHANDCO, purchase of silk cocoons by Government Departments, or purchase of any other materials as may be notified by the Government from time to time.