Section 2 in West Bengal Public Works Contractors (Regulation and Control) Act, 2006
2. Definitions
. In this Act, unless the context otherwise requires,(a)"Advisory Board" means the Advisory Board constituted under section 6;(b)[ xxx ] [[Clause (b) omitted by section 5(1), ibid (w.e.f. 10.9.2010), which read as;(b)appellate authority means the appellate authcrity appointed under sub-section (1) of section 9;.]](ba)[ "Approval Committee" means the Approval Committee constituted under section 6A;] [Clause (ba) inserted by section 5(2), ibid (w.e.f 10.9.2010).](c)[ "categories of contractors" shall include the following : [[Clause (c) substituted by section 5(3) of the West Bengal Public Works Contractors (Regulation and Control) (Amendment) Act, 2010 (West Bengal Act No. 21 of 2010) (w.e.f 10.9.2010), which read as under :(c)categories of contractors means to categorize the contractors, on the basis of financial limits along with the nature of public works they are to execute, by notification in the Official Gazette;.]](i)enlisted contractors, that is, those persons who have been granted registration under this Act by the prescribed authority to carry out public works under Public Works Department; and(i)General Works contractors;(ii)Plumbing Works contractors; and(iii)Electrical Works contractors;](ii)outside contractors, that is, those persons other than enlisted contractors;](ca)[ "categories of enlisted contractors" shall include the following : [Clause (ca) inserted by section 5(4), ibid 10.9.2010).](d)"certificate of registration" means a certificate issued under section 4;(da)[ "classes of enlisted contractors" mean the groups of enlisted contractors for a particular category of public works classified on the basis of financial limits of contracts; [Clauses (da) and (db) inserted by section 5(5), ibid (w.e.f. 10.9.2010).](db)"contract" means an agreement in writing by and between the State Government and the person whose tender or quotation for carrying out the specified public works or jobs under Public Works Department has been accepted by the State Government](e)"contractor" means any person who undertakes a contract for carrying out public works;(ea)[ "jobs" include the following:- [Clause (ea) inserted, by section 5(6), ibid (w.O. 10.9.2010).](i)supplies to be made;(ii)carriage to be made; and(iii)services to be rendered under Public Works Department;](f)[ "malpractice" includes dishonesty, cheating, impersonation, obstruction in carrying out public works or jobs as specified in the contract and failure to observe, while submitting tender or quotation, the instruction given in the tender or quotation documents including Schedule appended thereto;] [[Clause (f) substituted by section 5(7), ibid (w.e.f. 10.9.2010), which read as under;(f)malpractice includes dishonesty, cheating, impersonation, obstruction in carrying out public works as specified in the contract and failure to observe, while submitting the tender, the instruction given in the tender Form including Schedule appended thereto;.]](g)"notification" means a notification published in the Official Gazette;(h)[ "person" shall include any company or body corporate or association or body of individuals, whether incorporated or not who intends to undertake a contract to carry out public works or jobs under Public Works Department;] [[Clause (h) Substituted by section 5(8) of the West Bengal Public Works Contractors (Regulation and Control) (Amendment) Act, 2010 (West Bengal Act No. 21 of 2010) (w.e.f. 10.9.2010), which read as under :'(h) person shall include any company or body corporate or association or body of individuals, whether incorporated or not;'.]](i)"prescribed" means prescribed by rules made under this Act;(j)[ "prescribed authority" means the Officer on Special Duty and ex officio Deputy Secretary to the Government of West Bengal in Public Works Department;] [[Clause (j) Substituted by section 5(9), ibid (w.e.f. 10.9.2010), which read as under :(j)prescribed authority means the authority, as may be appointed by the State Government, to be prescribed authority for any provision of this Act;'.]](k)[ "public works" means construction, development, repairing, maintenance and management of [[Clause (k) Substituted by section 5(10), ibid (w.e.f. 10.9.2010), which read as under :'(k) public works means the public works of construction, maintenance, development, repairing and management of roads, buildings, bridges, highways, national highways, and includes the public works related to electrical, sanitary, plumbing within the State of West Bengal;'.]](i)Communications that is to say, roads, bridges and ferries;(ii)Land;(iii)Buildings;(iv)Archaeological sites and remains;(v)Sanitary and Plumbing Works; and(vi)Electrical Works either vested in or under the possession of the State and shall include such other works as the State Government may, by order, specify by the notification;](ka)[ "qualified persons" mean the persons who have been found eligible by the Advisory Board to be recommended for registration under this Act as enlisted contractors; [Clauses (ka) and (kb) inserted by section 5(11), ibid (w.e.f. 10.9.2010).](I)"State Government" means the Government of the State of West Bengal in the Public Works Department;(kb)"quotation" means the estimate in writing of any person against invitation by the State Government through notice in such form, and in such manner as may be prescribed for carrying out the job, as specified in the said notice, under Public Works Department;](m)[ "tender" means a valid and sufficient offer, specifically and unconditional offer in writing, of any person against invitation by the State Government through notice in such form, and in such manner as may be prescribed by the State Government for carrying out the public works, as specified in the said notice, under Public Works Department.] [Clause (m) inserted by section 5(12), ibid (w.e.f. 10.9.2010).]
