The Mizoram Transparency in Public Procurement Act, 2008
Chapter III Chapter III
Chapter III Chapter III
19. Officers deemed to be Public Servants
Miscellaneous
Officers deemed to be Public Servants: Every Officer acting under or in pursuance of the provisions of this Act or under a rule, order or notification made thereunder, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
Chapter III Chapter III
20. Immunity for action taken in good faith
Immunity for action taken in good faith: No suit or other legal proceeding shall lie against the Government or any officer or authority empowered to exercise powers or perform the functions under the Act in respect of anything which is in good faith done or intended to be done under this Act.
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21. Bar of jurisdiction of Courts
Bar of jurisdiction of Courts: Save as otherwise provided in this Act, no order passed or proceedings taken by any officer or authority under this Act shall be called in question in any Court except the Writ Courts, and no injunction shall be granted by any Court in respect of any action taken or to be taken by such officer or authority in exercise of powers conferred on him or it, by or under this Act.
Chapter III Chapter III
22. Act to override other laws
Act to override other laws: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage agreement, decree or order of a Court or a Tribunal or other authority.
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23. Penalty
Penalty: Whoever contravenes the provisions of this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.
Chapter III Chapter III
24. Power to remove difficulties
Power to remove difficulties: If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to them to be necessary or expedient for removing the difficulties;
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25. Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of the Act.
Power to make rules Power to make rules:
- (1) The Government, may by notification, make such rules as are necessary for carrying out the purposes of this Act.
- (2) Every rule made under this Act shall as soon as possible, after it is made or issued, be laid before the House of Mizoram Legislature for a total period of thirty days, which may be comprised in one or more Sessions.
Chapter III Chapter III
26. Savings
Savings: All rules, regulations, orders, notifications, departmental codes, manuals, bye-laws, official memoranda, circulars or any other order made or issued before the commencement of this Act and in force on the date of such commencement providing for or relating to any of the above matters for the furtherance of which this Act is enacted shall continue to be in force and effective as if they are made under the corresponding provisions of this Act, to the extent they are not inconsistent with the provisions of the Act and unless and until superseded by anything done or any action taken or any rule, notification or order, made under this Act.
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