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1 - 10 of 13 (1.48 seconds)The Karnataka Transparency In Public Procurements Act, 1999
Article 14 in Constitution of India [Constitution]
Section 2 in The Karnataka Transparency In Public Procurements Act, 1999 [Entire Act]
Section 10 in The Karnataka Transparency In Public Procurements Act, 1999 [Entire Act]
Section 25 in The Karnataka Transparency In Public Procurements Act, 1999 [Entire Act]
Article 12 in Constitution of India [Constitution]
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
31. The scheme of the Act and Rules, very elaborately provides for the procedure which is required to be followed before awarding a contract in favour of the most competitive tenderer who has the necessary qualification, competence and ability. The scheme of the Act and Rules also provides for distribution of responsibility and function of awarding a contract to different authorities at different levels. Ultimately, while the decision to award the contract is that of the tender accepting authority, the tender inviting authority and the tender scrutiny committee play a supporting role in assisting the tender accepting authority to take a final decision on the tenders. Role of each authority/committee is cut out and well regulated under the Act and Rules. As the very object and purpose of the Act is to ensure streamlining the procedure of awarding contracts by State and public procurement agencies and as the same is regulated by statutory provisions, unless the procedure is followed strictly in conformity with the Act and Rules, it amounts to violating or giving a go-by to the very object and purpose of streamlining of awarding contracts for procurement of goods and services by public agencies. While it is true that in the matter of administration of State largesse by public authorities, which answer the description of the State (Article 12 of the Constitution of India). Constitutional Courts were exercising the power of judicial review in such situations even earlier, particularly, in the light of development of law on and after in judgments of the Supreme Court in the case of Ramana Dayaram Shetty v. The International Airport Authority of India and Ors. and in the case of Erusian Equipment and Chemicals Ltd., v. State of West Bengal and Anr. and such judicial review was indeed on the Page 1104 touch stone of Article 14 of the Constitution of India and the said action being examined as to whether it is fair and non-arbitrary, now, in view of the present Act, the action on the part of the State and its agencies in awarding such contracts are required to be examined in the light of these statutory provisions. The Act is only an instance of legislative recognition and codification of the procedure for awarding such contracts and also provides the precise requirement on the part of the State and its agencies to be complied and as a touch stone on which the action can be scrutinized in exercise of the power of judicial review.