Section 16 in Tamil Nadu Transparency in Tenders Act, 1998
16. Provisions of this Act not to apply in certain cases.
The provisions of sections 9 and 10 shall not apply to procurement,-(a)during natural calamities and emergencies declared by the Government;(b)available from a single source only from a supplier or cases in which a particular supplier or contractor has exclusive rights in respect of the goods or services or construction and no reasonable alternative or substitute exists or where the procuring entity having procured goods, equipment, technology from a supplier or contractor determines that additional supplies must be procured from that specific supplier or contractor for reasons of standardization and compatibility with the existing goods, equipment or technology:Provided that a committee of three experts consisting one technical representative of the procuring entity, one technical representative of a State or Central Government Organisation dealing with similar procurement and one representative from a reputed Academic or Research Institution or Non-commercial Institution having expertise in such line, declares it as single source procurement;(c)[ from departments of Government, Public Sector Undertakings, Statutory Boards and such other institutions as may be notified by the Government only in respect of goods manufactured or services provided by them; [Substituted by the Tamil Nadu Transparency in Tenders (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(i) (w.e.f. 07-12-2012).]Provided that such procurement shall not exceed forty percent of the total requirement in that procurement and shall be at a price not exceeding the price of the lowest tender in respect of the remaining sixty percent.](d)of low value and local purchases as may be prescribed;(dd)[ from domestic small-scale industrial unit only in respect of goods manufactured by them: [Substituted by the Tamil Nadu Transparency in Tenders (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(ii) (w.e.f. 07-12-2012).]Provided that such procurement shall not exceed twenty five percent of the total requirement in that procurement and shall be at a price not exceeding the price of the lowest tender in respect of the remaining seventy five percent:Provided further that in case of a single procurement involving clauses (c) and (dd), such procurement shall not exceed forty percent of the total requirement in that procurement.](e)from the rate contracts of Director-General of Supplies and Disposals and Association of State Road Transport Undertakings;(f)[ by spot purchase of agricultural commodities, agricultural produce and livestock from primary producers; by spot purchase of cotton by Spinning Mills; by spot purchase of animals for Government programmes or schemes or for Government departments from shanties; of Sugarcane purchase from farmers by the State Public Sector Undertakings and Co-operative Sugar Mills; of paddy by Direct Purchase Centres; of Tamil Nadu Civil Supplies Corporation; of clothing by the Government Departments or the State Public Sector Undertakings from the Tamil Nadu Handloom Weavers' Co-operative Society; and by similar organizations and of similar goods and services, as may be notified by the Government;] [Substituted by the Tamil Nadu Transparency in Tenders (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(iii) (w.e.f. 07-12-2012).](g)[ of cement from the Tamil Nadu Cement Corporation Limited, or of paper from the Tamil Nadu Newsprints and Papers Limited: [Added by the Tamil Nadu Transparency in Tenders (Amendment) Act, 2001 (Tamil Nadu Act 14 of 2001) s. 3(b) (w.e.f. 1-12-2001).]Provided that,-(a)a committee consisting of the Secretary to Government, Industries Department, the Secretary to Government, Finance Department and the Chairman-cum- Managing Director or the Managing Director, Tamil Nadu Cement Corporation Limited shall determine the price of cement to be procured;(b)the price of paper shall be negotiated with the Tamil Nadu Newsprints and Papers Limited by the procuring entity.] and(h)[ by the Co-operative Federations from their Federating units or Primary Co-operative Societies, of goods manufactured or services provided by them.][Added by the Tamil Nadu Transparency in Tenders (Second Amendment) Act, 2012 (Tamil Nadu Act 31 of 2012) sec. 5(iv) (w.e.f. 07-12-2012).]
