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State of Assam - Section

Section 55 in Assam Public Procurement Act, 2017

55. Power of State Government to make rules.

(1)The State Government may, by notification, make rules for carrying out the provisions of this Act and different sets of rules may be made for different classes or categories of procurements or procuring entities.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(i)procurements covered under sub-section (4) of section 3;
(ii)matters to be decided while determining need for procurement under section 5;
(iii)circumstances in which participation of bidders may be limited under section 6;
(iv)identification and treatment of conflict of interest situations under section 7;
(v)additional qualifications to be fulfilled by bidders under clause (f) of sub-section (1) of section 7;
(vi)time frame for various stages of the process of procurement under section 9;
(vii)information or record of procurement proceedings required to be maintained under clause (i) of sub-section (1) of section 10;
(viii)code of integrity under section 11;
(ix)guidelines for drawing up the description of the subject-matter of procurement under section 12;
(x)evaluation criteria under sub-section (1) of section 14;
(xi)maintenance of records of trials and testing under sub-section (2) of section 14;
(xii)provisions relating to price negotiations under section 15;
(xiii)terms and conditions of procurement contracts under section 16;
(xiv)information to be provided on the State Public Procurement Portal under section 17;
(xv)procedure for pre-qualification under section 18;
(xvi)procedure and conditions for registration of bidders under section 19;
(xvii)provisions relating to content of bidding documents under section 20;
(xviii)standard conditions of bidding documents including its form under sub-section (3) of section 20;
(xix)procedure for submission, opening and evaluation of bids, including constitution of committees for those purposes under section 24;
(xx)procedure in respect of various methods of procurement under section 28;
(xxi)manner of publication of bid under sub-section (5) of section 29;
(xxii)provisions relating to monetary value for procurement through request for quotations and spot purchase under section 34;
(xxiii)form, manner and fee for appeals under section 38;
(xxiv)procedure to be followed while hearing appeal under section 38;
(xxv)professional standards, training and certification for officials dealing with procurement matters under section 48;
(xxvi)provisions relating to bid securities, performance securities, inspection of works, goods and services, modification and withdrawal of bids, and contract management;
(xxvii)any other matter which is required to be prescribed by the State Government for carrying out the provisions of this Act.
(3)All rules made under this section shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days, which may comprise in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done thereunder.