Sindh Act V of 2010 · 20 pages
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Sindh
Public Procurement Act, 2009
COMPILED BY:
Judges’ Library
High Court of Sindh, Karachi
Compiled by: Muhammad Ibrahim (Librarian)
Muhammad Faiq (Research
Amended by:
Assistant)
Composed, Graphics & Designing and
Kamran Ali (Assistant Librarian)
Printed by:
Bound by: Farhan (Binder)
Year: January 2014
All Rights Reserved by the Judges’ Library, High Court of Sindh, Karachi
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Contents
TABLE OF CONTENTS
PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION ................................................................... 3
Preamble.-................................................................................................................................................. 3
CHAPTER – I .......................................................................................................................................... 4
PRELIMINARY ....................................................................................................................................... 4
1. Short title, extent and commencement.- ........................................................................................... 4
2. Definitions.- ...................................................................................................................................... 4
CHAPTER – II ......................................................................................................................................... 6
ESTABLISHMENT OF AUTHORITY ................................................................................................... 6
3. Establishment of Authority.- ............................................................................................................ 6
4. Power of the Government to issue directives.- ................................................................................. 6
5. Function and power of the Authority.- ............................................................................................. 6
Chapter – III ............................................................................................................................................. 8
MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY ................................................. 8
6. Board.- .............................................................................................................................................. 8
7. Meeting of the Board.-.................................................................................................................... 10
8. Managing Director.- ....................................................................................................................... 10
Chapter – IV ........................................................................................................................................... 12
FINANCIAL PROVISIONS .................................................................................................................. 12
9. Fund.- ............................................................................................................................................. 12
10. Expenditure to be charged on the Fund.- ...................................................................................... 12
11. Power to obtain finances and receive grants.- .............................................................................. 12
12. Investment.- .................................................................................................................................. 13
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Contents
13. Budget and accounts.-................................................................................................................... 13
14. Maintenance of accounts.- ............................................................................................................ 13
15. Audit.-........................................................................................................................................... 13
Chapter – V ............................................................................................................................................ 14
REGULATORY AND OTHER PROVISIONS ..................................................................................... 14
16. Information.- ................................................................................................................................. 14
17. Annual Report.- ............................................................................................................................ 14
Chapter – VI ........................................................................................................................................... 15
MISCELLANEOUS ............................................................................................................................... 15
18. Appointment of officers and staff, etc..- ....................................................................................... 15
19. Members, officers, etc. to be public servants.- ............................................................................. 15
20. Delegation.- .................................................................................................................................. 15
21. Power to exempt.- ......................................................................................................................... 15
22. Validity of proceedings.- .............................................................................................................. 16
23. Indemnity.- ................................................................................................................................... 16
24. Common Seal.- ............................................................................................................................. 16
25. Winding up.- ................................................................................................................................. 16
26. Powers of Government to make rules.- ........................................................................................ 16
27. Powers of the Authority to make regulations.- ............................................................................. 16
INDEX ................................................................................................................................................... 17
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PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION
The Sindh Public Procurement Act,
2009
(SINDH ACT NO. IV OF 2009)
PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION
KARACHI, The 25th May, 2009
NO.PAS/Legis-B-2/2009- The Sindh Public Procurement Bill, 2009 having been passed by the
Provincial Assembly of Sindh on Friday, the 17 th April, 2009 and assented to by the Governor of Sindh
on 22nd May, 2009 is hereby published as an Act of the Legislature of Sindh.
(First published after having received the assent of the Governor of Sindh in the Gazette of Sindh
Extra-Ordinary, dated 25th May, 2009.)
AN ACT
to provide for establishment of Public Procurement Regulatory Authority or regulating public
procurement of goods, services and works in the public sector.
PREAMBLE.-
WHEREAS it is expedient to provide for the establishment of a Public Procurement Regulatory
Authority for regulating procurement of goods, services and works in the public sector and for matter
connected therewith or ancillary thereto;
It is hereby enacted as follows:-
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PRELIMINARY
CHAPTER – I
PRELIMINARY
1. SHORT TITLE, EXTENT AND COMMENCEMENT.- (1) This Act may be called the
Sindh Public Procurement Act, 2009.
(2) It extends to the whole of Sindh.
(3) It shall come into force at once and shall be deemed to have taken effect on and from 22 nd
August, 2007.
2. DEFINITIONS.- In this Act, unless there is anything repugnant in the subject or context –
(a) “Authority” means the Sindh Public Procurement Regulatory Authority established under
section 3;
(b) “Board” means the Board of Directors of the Authority constituted under section 6;
(c) “Chairman” means the Chairman of the Board;
(d) “Fund” means the fund established under section 9;
(e) “goods” means articles and objects of every kind and description including raw materials,
products, equipment, machinery, spares and commodities in any form (including solid, liquid and
gaseous form), and includes services incidental to installation, transport, maintenance and similar
obligations related to the supply of goods if the value of these services does not exceed the value of
such goods;
(f) “Government” means the Government of Sindh;
(g) “Managing Director” means the Managing Director appointed under section 8;
(h) “member” means a member of the Board;
(i) “mis-procurement” means public procurement in contravention of any provision of this
Act, any rule, regulation, order or instruction made there under or any other law in respect of, or
relating to, public procurement;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “procuring agency” means –
(i) any Department or Office of Government; or
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PRELIMINARY
(ii) District Government; or
(iii) any authority, corporation, body or organization established by law or which is
owned or controlled by Government;
(l) “Public Fund” means the Provincial Consolidated Fund and the Public Account of the
Province and includes funds of enterprises which are owned or controlled by Government;
(m) “public procurement” means acquisition of goods, services or construction of any works
financed wholly or partly out of the Public Fund, including projects of public-private partnership,
unless excluded otherwise by Government;
(n) “regulations” means regulations made under this Act;
(o) “rules” means rules made under this Act;
(p) “service” means any object of procurement other than goods or works; and includes
consultancy services; and
(q) “works” means any construction work (including electrical and mechanical work)
consisting of erection, assembly. repair, renovation, or demolition of a building or structure or part
thereof, such as site preparation, excavation, installation of equipment or materials and decoration,
finishing and includes incidental services such as drilling, mapping, satellite photography, seismic
investigations and similar activities, if the value of those services does not exceed that of the works
themselves.
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ESTABLISHMENT OF AUTHORITY
CHAPTER – II
ESTABLISHMENT OF AUTHORITY
3. ESTABLISHMENT OF AUTHORITY.- (1) There shall be established an Authority to be
called the Sindh Public Procurement Regulatory Authority for carrying out the purposes of this Act.
(2) The Authority shall be a body corporate, having perpetual succession and a common seal
with powers subject to the provisions of this Act, to acquire and hold property, both moveable and
immovable, and, sue and be sued by the name assigned to it by sub-section (I).
(3) The headquarters of the authority shall be at Karachi and it may establish its offices at such
other place or places in the Province of Sindh, as it may consider appropriate.
4. POWER OF THE GOVERNM ENT TO ISSUE DIRECTIVES.- Government may, as
and when it considers necessary, issue directives to the Authority on matters of policy, and such
directives shall be binding on the Authority.
5. FUNCTION AND POWER OF THE AUTHORITY.- (1) Subject to other provisions of
this Act, the Authority may take such measures and exercise such powers as may be necessary for
improving governance, management, transparency, accountability and quality of public procurement of
goods, services and works in the public sector, as well as in collaboration with the private sector.
(2) Without prejudice to the generality of the powers conferred by sub-section (1), the
Authority may –
(a) examine, evaluate, assess the application of laws, rules, regulations, policies and
procedures in respect of or relating to, procurement and also make recommendations thereof;
(b) conduct research and recommend to Government formulation of new laws, rules
and policies, in respect of or related to public procurement and revisions therein;
(c) make regulations and lay down codes of ethics and procedure for public
procurement, inspection of standards and quality of goods services and works;
(d) provide and coordinate assistance to procuring agencies for developing and
improving their institutional framework and public procurement activities;
(e) study and report to Government on overall performance of procuring agencies and
make recommendations for improvement in their institutional set up and practices;
(f) call any functionary of procuring agencies to provide assistance in its functions
and call for any information from such agencies in pursuance of its objectives and functions;
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ESTABLISHMENT OF AUTHORITY
(g) to provide guidance to procuring agencies regarding implementation of laws,
rules, procedures relating to procurement;
(i) organize and manage capacity building activities for the personnel of the
procuring agencies;
(ii) provide for dispute resolution mechanism in line with the best
international Practices; and
(iii) perform any other function and exercise such powers as may be
prescribed through the rules in framed pursuance of this Act and may be assigned to
it by Government or that is incidental or consequential to any of the aforesaid
functions.
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MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
CHAPTER – III
MANAGEMENT AND ADMINISTRATION OF THE
AUTHORITY
6. BOARD.- (1) General directions and administration of the Authority and its Board affairs shall
vest in a Board which may exercise all powers, perform all functions and do all acts and things which
may be exercised, performed or done by the Authority.
(2) The Board shall consist of –
(i) Chairman
Minister for Law, Parliamentary Affairs and Criminal Prosecution Service;
(ii) Vice Chairman
Chief Secretary;
(iii) Members
Two Members of Provincial Assembly to be nominated by Speaker;
(iv) Member
Additional Chief Secretary (Development) Planning and Development Department;
(v) Member
Secretary, Finance Department;
(vi) Member
Secretary Law, Parliamentary Affairs, Human Rights and Criminal Prosecution
Service Department;
(vii) Member
Secretary, Irrigation and Power Department;
(viii) Member
Secretary, Works & Services Department;
(ix) Member
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MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
Secretary, Information Technology Department;
(x) Member
Secretary (General Administration) Services, General Administration and
Coordination Department;
(xi) Member
President of Karachi Chambers of Commerce & Industry or his nominee;
(xii) Member
Nominee of Pakistan Engineering Council;
(xiii) Member
A renowned professional in Information Technology to be nominated by
Government;
(xiv) Member
A renowned professional in management and financial sectors to be nominated by
Government;
(xv) Member
A representative of Transparency International Pakistan, Karachi;
(xvi) Member
Two members from Civil Society to be nominated by Government;
(xvii) Member
Representative of the Auditor General of Pakistan; and
(xviii) Member
Managing Director
(3) The Managing Director shall act as Secretary of the Board.
(4) A member appointed from the private sector shall hold office for a period of three years
and shall be entitled to such terms and conditions as the Board may determine.
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MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
(5) A member from the private sector may, by writing in his hand addressed to the Chairman
of the Board, resign his office.
(6) A casual vacancy in the office of a private sector member shall be filled by appointment of
another member from the private sector for the residue of the terms of his predecessor.
7. MEETING OF THE BOARD.- (1) The meeting of the Board shall be presided over by the
Chairman or, in his absence the Vice Chairman shall preside the meeting of the Board.
(2) Seven members shall constitute a quorum for a meeting of the Board requiring a decision
by the Board.
(3) The meeting of the Board shall be held at such times, places and in such manner as may be
prescribed by regulation.
(4) The members shall have reasonable notice of the time and place of the meeting and matters
on which a decision by the Board shall be taken in such meeting.
(5) The decision of the Board shall be taken by the majority of its members present and, in
case of a tie, the member presiding a meeting shall have a casting vote.
(6) All orders, determination and decision of the Board shall be taken in writing and shall be
signed by the Managing Director.
8. MANAGING DIRECTOR.- (1) Government shall select and appoint a full-time Managing
Director to serve as member of the Board and shall be responsible for day to day administration of the
Authority for such period and on such terms and conditions as determined by the Government on the
recommendation of the Board.
(2) The Managing Director shall be appointed for three years and he shall be eligible for re-
appointment but his total tenure shall in no case exceed six years.
(3) No person shall be appointed or continue as Managing Director, if he –
(a) has not been in public administration in BPS-20;
(b) has been from private sector, not having less than 15 years of experience and rich
exposure in public procurement;
(c) has been convicted of an offence involving moral turpitude;
(d) has been removed from service for misconduct;
(e) has been adjudicated as insolvent;
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MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY
(f) is incapable of discharging his duties by reasons of physical or mental incapacity
and has been so declared by a Medical Board appointed by Government; or
(g) fail to disclose any conflict of interest at or within the time provided for such
disclosure by or under this Act or contravene any of the provisions of this Act.
(4) The Managing Director may, at any time, resign his office by writing under his hand
addressed to Government.
(5) The Managing Director shall be paid such salary and allowances as the Board may
determine but his salary and allowances shall not be varied to his disadvantage during his term of
office.
(6) The Managing Director shall not, during the term of his office, engage himself to any other
service, business, vocation or employment nor shall he before the expiration of one year thereof enter
into employment or accept any advisory or consult relationship with any person engaged in public
procurement activity:
Provided that where the Managing Director is a Government servant there shall be no such
restrictions on his employment after he has retired or transferred from the post of Managing Director;
and where he is from private sector he shall not have any direct or indirect financial interest or have
any connection with any company engaged in public procurement activity for so long as he holds office
and for a period of one year thereafter.
(7) The Managing Director shall have power and responsibility to –
(a) exercise administrative control over the personnel of the Authority;
(b) exercise, in respect of the Authority, such other management administrative and
financial powers as deemed appropriate by the Authority;
(c) submit the annual budget proposals of the Authority to the Board;
(d) prepare the annual report of the Authority for the Board and Government;
(e) exercise such powers as the Board may delegate to him; and
(f) act on behalf of the Authority, in any emergency, subject to the obligation to
report such action to the Board at its next meeting and to seek the Board's ratification of any
action so taken.
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FINANCIAL PROVISIONS
CHAPTER – IV
FINANCIAL PROVISIONS
9. FUND.- (1) There shall be established a Fund to be known as the Sindh Public Fund Procurement
Regulatory Authority Fund which shall vest in the Authority and shall be utilized by the Authority to
meet the charges in connection with its functions under this Act.
(2) To the credit of the Sindh Public Procurement Regulatory Authority, a fund shall be placed
comprising –
(a) such sums as Government may, from time to time, allocate to it in the annual
budget;
(b) grants;
(c) income from investment by the Authority; and
(d) all other sums or properties which may in any manner become payable to, or vest
in, the Authority in respect of any matter.
(3) The Authority, while performing its functions and exercising its powers under the Act,
shall exercise highest sense of prudence as far as expenditures are concerned.
10. EXPENDITURE TO B E CHARGED ON THE FUND.- (1) The Fund shall he expended
for the purpose of –
(a) paying any expenditure lawfully incurred by the Authority, relating to
remuneration of its members, employees, advisers, and consultants of the Authority, including
provident fund contributions, superannuating allowances or gratuities, legal fees and costs as
well as other fees and costs;
(b) paying any other expenses, costs or expenditure properly incurred or accepted by
the Authority in the performance of its functions or the exercise of its powers under this Act;
(c) purchasing or hiring equipment, machinery and any other work and undertakings
in the performance of its functions or the exercise of its powers under this Act;
(d) repaying any financial accommodation received; and
(e) generally paying any expenses for carrying into effect the provisions of this Act.
11. POWER TO OBTAIN FINANCES AND RECEIVE GRANTS.- The Authority may,
from time to time and with the approval of Government, accept grants from entities both domestic and
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FINANCIAL PROVISIONS
international, including multilateral agencies for meeting any of its obligations or performing of any of
its functions.
12. INVESTMENT.- The Authority may invest its surplus funds in accordance with the
instructions of Government.
13. BUDGET AND ACCOUNTS.- The Authority shall cause its accounts to be maintained
properly and in respect of each financial year submit for approval of the Government by such date and
in such form as may be specified by Government a statement showing the estimated receipts and
current expenditure and the sums to be required from Government during the next financial year.
14. MAINTENANCE OF ACCOUN TS.- The Authority shall cause proper accounts to be kept
and shall after the end of each financial year cause to be prepared for that financial year a statement of
accounts of the Authority which shall include a balance sheet and an account of receipt and
expenditure.
15. AUDIT.- The accounts of the Authority shall be audited every year through the Auditor General
of Pakistan.
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REGULATORY AND OTHER PROVISIONS
CHAPTER – V
REGULATORY AND OTHER PROVISIONS
16. INFORMATION.- (1) The Authority may call for any information required by it for carrying
out the purposes of this Act, from any person or any institution in public procurement activities; and
any such person or institution shall provide the required information called by the Authority.
(2) The Authority shall furnish to Government such information with respect to the policies
and procedures it is pursuing or proposes to pursue in the performance of any of its functions under this
Act as Government may, from time to time, require.
17. ANNUAL REPORT. - Within three months from the end of each financial year, the Authority
shall cause a report to be prepared on its activities including inquiries and investigations made by the
Authority under this Act during that financial year and release to the public after it has been seen by the
Cabinet.
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MISCELLANEOUS
CHAPTER – VI
MISCELLANEOUS
18. APPOINTMENT OF OFFICERS AND STAFF, ETC..- (1) The Authority may, from
time to time and within its resources, appoint such officers, servants, advisers, consultants and experts
as it may consider necessary for performance of its functions.
(2) The Authority shall by regulations prescribe the procedure for appointment of its officers,
servants, advisers, consultants and experts and the terms and conditions of their service.
19. MEMBERS, OFFICERS, ETC. TO BE PUBLIC SERVANTS.- The Chairman,
members, Managing Director, officers, servants, advisers, consultants and experts of the Authority
shall, when acting or purporting to act in pursuance of any of the provisions of this Act or the rules and
regulations made there under, be deemed to be public servants within the meaning of section 21 of the
Pakistan Penal Code.
20. DELEGATION.- The Authority may, by such conditions and limitations as it may deem fit to
impose, delegate any of its functions or powers to the Managing Director, or one or more members or
any of its officers except the power to –
(a) approve audited accounts;
(b) recommend exemption under section 21; and
(c) make or repeal regulation made under this Act.
21. POWER TO EXEMPT.- 1[(1) Notwithstanding anything contained in this Act or any other
law and rules or regulations made thereunder, for the time being in force Government shall have the
power to grant exemption to procurement of an object or class of objects in the national interest from
the operation of this Act or any other law or rules or regulations made thereunder regulating public
procurement.
(2) The Authority may also, for reasons to be recorded in writing, recommend to Government
that the procurement of an object or class of objects in the national interest be exempted from the
operation of this Act or any rules or regulations made thereunder or any other law regulating public
procurement and Government on such recommendations may, if it deems fit, exempt the aforesaid
objects or class of objects from the operation of such laws and rules and regulations made thereunder.]
1
Substituted by Act No. IV/13, dated, 1/3/2013
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MISCELLANEOUS
22. VALIDITY OF PROCEEDINGS.- No act or proceedings of the Authority or the Board
shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of the
Authority or the Board.
23. INDEMNITY.- No suit, prosecution, or other legal proceedings shall lie against the Authority,
the Board, the Chairman or any member, officer, servants, advisers or consultants of the Authority in
respect of anything in good faith done or intended to be done under this Act or the rules and regulations
made there under.
24. COMMON SEAL.- (1) The Authority shall have a common seal and such seal shall be kept by
the Managing Director or such other person as the Chairman may authorize.
(2) The seal shall be authenticated in the same manner as may be prescribed by Regulation
and any document purported to be sealed with the seal so authenticated shall be receivable as evidence
of the particulars stated in the document.
25. WINDING UP.- No provision of law relating to winding up of bodies corporate shall apply to
the Authority and the Authority shall not be wound up except by the orders of Government in the same
manner as Government may direct.
26. POWERS OF GOVERNMENT TO MAKE RULES.- Government may, by notification
in the official Gazette make rules for carrying out the purposes of this Act.
27. POWERS OF THE AUTHORITY TO MAKE REGULATIONS.- The Authority may
make regulations, not inconsistent with the provisions of this Act and the rules made there under, for
carrying out the purposes of this Act.
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INDEX
INDEX
A E
advisers, 12, 15, 16 Engineering Council, 9
Auditor General, 9, 13 expenditure, 12, 13
Authority, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, 16
F
B
functions, 6, 7, 8, 12, 13, 14, 15
Board, 4, 8, 9, 10, 11, 16 Fund, 4, 5, 12
C G
Chairman, 4, 8, 10, 15, 16 goods, 3, 4, 5, 6
Chambers of Commerce & Industry, 9 Government, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16
Civil Society, 9
I
consequential, 7
Indemnity, 16
constitution, 16
Information, 9, 14
consultants, 12, 15, 16
international, 7, 13
contravene, 11
investigations, 5, 14
D
Irrigation, 8
domestic, 12
M
drilling, 5
Managing Director, 4, 9, 10, 11, 15, 16
mapping, 5
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INDEX
Medical, 11 public procurement, 3, 4, 5, 6, 10, 11, 14, 15
member, 4, 9, 10, 16
R
misconduct, 10
regulations, 5, 6, 15, 16
mis-procurement, 4
rules, 4, 5, 6, 7, 15, 16
multilateral agencies, 13
O S
satellite, 5
objectives, 6
Seal, 16
obligations, 4, 13
seismic, 5
P
service, 5, 10, 11, 15
Pakistan Penal Code, 15 Services, 8, 9
photography, 5
T
Power, 6, 8, 12, 15
Technology, 9
prescribed, 4, 7, 10, 16
Transparency International, 9
proceedings, 16
procuring agency, 4 W
Public Fund, 12
works, 3, 5, 6
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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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