section 4
Exceptions to applicability
The Mizoram Transparency in Public Procurement Act, 2008General200826 sections3 chapters
Chapter I Chapter I
Statutory text
Exceptions to applicability: The provisions of Chapter II shall not apply to procurement of goods and services;-
- (a) during the period of natural calamity or disaster declared by the government;
- (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;
- (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;
- (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;
- (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.
- (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;
- (g) in respect of specific procurements as may be notified by the Government from time to time; or
- (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.
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