The Public Procurement Rules 2008 - LGED

(b) upon receipt of the report under Sub Rule 5(a) , the Head of the Procuring Entity
may decide on the issue or appoint a committee, within the period specified in
Schedule II, chaired by him or her or an officer appointed by him or her, that
shall include representatives of the Procuring Entity, other than the Procurement
officer that first became aware of the event in question;
(c) The Committee formed under Sub Rule (5)(b) , if any, shall review the
recommendations of the Procuring Entity and make its own recommendation to
the Head of the Procuring Entity within the period specified in Schedule I;
(d) The Head of the Procuring Entity shall, having considered the recommendation
of the Committee under Sub Rule (5) ( c) , make an appropriate decision and if
a decision is taken to debar the concerned Person or firm, the Procuring Entity
shall issue a letter debarring the concerned Person or firm and that letter shall
be addressed to the concerned Person with a copy to the CPTU for inclusion in
the list of debarred persons or firms and published on the CPTU website.
(6) Any action arising from the implementation of the procedures described in Sub-Rule
(4), and (5) shall be reported by a Procuring Entity to the CPTU.
(7) The reasons for any exclusion under Sub-Rule (4) and (5) (d) shall be duly recorded
in the record of Procurement proceedings and preserved.
(8) A Person, or an officer or staff member of the Procuring Entity to whom the Act and
these Rules apply, committing an offence related to professional misconduct, shall be dealt with
as described in the Act in Section 64 (3) and (4) and Anti-corruption Commission Act 2004.
Example 1
If a Person or any member of staff or any other intermediaries working on his or
her behalf give or promise to give, either directly or indirectly, to any officer or
member of staff of a Procuring Entity or other public or private authority or
individual a gratification in any form, employment or any other thing or service of
value as an inducement with respect to an act or decision or method followed by a
Procuring Entity in connection with a Procurement proceeding or Contract
execution, such person and the concerned officer(s) shall be deemed to have
engaged in corrupt practice and will be punishable under any of the relevant
sections of the Penal Code (Sections 161 to 171) or under the relevant Section of
the Prevention of Corruption Act, 1947 and Anti-corruption Commission Act 2004
108