Section 44 in Punjab Transparency in Public Procurement Act, 2019
44. Confidentiality.
(1)Notwithstanding anything contained in this Act but subject to the provisions of any other law for the time being in force providing for disclosure of information, a procuring entity shall not disclose any information if such disclosure, in its opinion, is likely to,-(i)impede enforcement of any law; or(ii)affect the security or strategic interests of India; or(iii)affect the intellectual property rights or legitimate commercial interests of bidders; or(iv)affect the legitimate commercial interests of the procuring entity.(2)Except as otherwise provided in this Act, a procuring entity shall treat all communications with bidders related to the procurement process in such manner as to avoid their disclosure to competing bidders or to any other person not authorised to have access to such information.(3)The procuring entity may impose on bidders and sub-contractors, if there are any, for fulfilling the terms of the procurement contract, conditions aimed at protecting information, the disclosure of which violates sub-section (1).(4)Notwithstanding anything to the contrary contained in any other law for the time being in force, where any expenditure is to be incurred on any procurement of goods, works or services, it shall be the duty of the officer as may be designated by the procuring entity under this Act to ensure that the procurement of goods, works or services is in accordance with the procedures specified in this Act or rules made thereunder.
