(1)This Act shall apply to all procuring entities referred to in subsection (2).(2)For the purposes of this Act, "procuring entity" means, -(a)any department of the State Government or its attached or subordinate office;(b)any State Public Sector Enterprise owned or controlled by the State Government;(c)any entity established or constituted by the Constitution of India whose expenditure is met from the Consolidated Fund of the State;(d)any entity or board or corporation or authority or society or trust or autonomous entity (by whatever name called) established or constituted by an Act of the State Legislature or an entity owned or controlled by the State Government;(e)any other entity which the State Government may, by notification, specify to be a procuring entity for the purpose of this Act, being an entity that receives substantial financial assistance from the State Government in so far as the utilization of such assistance towards procurement is concerned.(f)any procurement support agency or procurement agent or procurement consultant involved in procurement on behalf of the procuring entities specified in clauses (a) to (e) above.(3)The State Government may, by notification, permit the procuring entities to carry out procurement, financed under the assistance from the multilateral development banks, bilateral development agencies, or foreign governments or pursuant to an inter-governmental agreement, in accordance with the procurement procedures stipulated in terms of such assistance or agreement :Provided that before granting permission, the State Government shall satisfy itself that the procurement procedures stipulated in terms of such assistance or agreement, are in consonance with the basic norms of public procurement specified in sub-section (1) of section 4.(4)Subject to such rules as may be made in this behalf consistent with the provisions of sections 4 and 11, the provisions of Chapters II and III shall not apply to, -(a)any procurement the estimated cost or value of which is less than the threshold value as Finance Department of the State Government may, by notification, specify for different classes or categories of procurements or procuring entities;(b)emergency procurement necessary for the management of any disaster, as defined in clause (d) of section 2 of the Disaster Management Act, 2005 (Central Act No.53 of 2005);(c)the procurement under Assembly and Parliamentary election urgency;(d)procurement for the purposes of security or on strategic considerations that the State Government may, by general or special order, specify;(e)procurement by a procuring entity under clause (b) to clause (e) of subsection (2) of section 3 from its subsidiary company or joint venture company in which such procuring entity has more than fifty percent share;(f)any other procurement, as may be notified by Finance Department.
