යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXXI

 CHAPTER XXXI

 

THE NATIONAL PROCUREMENT COMMISSION (NPRC)

 

263.       There shall be a National Procurement Commission (in this Chapter referred to as the “Commission”) consisting of five members appointed by President subject to the provisions of Article 185, of whom at least three members shall be persons who have had proven experience in procurement, accountancy, law or public administration. President shall appoint one member as the Chairman of the Commission.

 

264.       Provisions of Articles 186, 187, 188, 190, 193, 194, 202, 203, 223, and paragraph (2) and (6) of Article 184, paragraph (5) of Article 195 shall apply, mutatis mutandis, to this Commission.

 

265.       (1) It shall be the function of the Commission to formulate fair, equitable, transparent, competitive and cost effective procedures and guidelines, for the procurement of goods and services, works, consultancy services and information systems by central and local government institutions and cause such guidelines to be published in the Gazette, and within two months of such publication to be placed before Parliament for its approval.

(2) Without prejudice to the generality of paragraph (1), it shall be the function of the Commission to:

 

(a) monitor and report to the appropriate authorities, on whether all procurement of goods and services, works, consultancy services and information systems by central or local government institutions are based on procurement plans prepared in accordance with previously approved action plans, and guidelines of the Commission;

(b) monitor and report to the appropriate authorities on whether all qualified bidders for the provision of goods and services, works, consultancy services and information systems by central or local government institutions are afforded an equal opportunity to participate in the bidding process for the provision of those goods and services, works, consultancy services and information systems;

(c) monitor and report to the appropriate authorities on whether the procedures for the selection of contractors, and the awarding of contracts for the provision of goods and services, works, consultancy services and information systems to government institutions, are fair and transparent;

(d) report on whether members of Procurement Committees and Technical Evaluation Committees relating to the procurements, appointed by central or local government institutions are suitably qualified;

(e) investigate reports of procurements made by central or local government institutions outside established procedures and guidelines, and to report the officers responsible for such procurements to the relevant authorities for necessary action;

(f) ensure that all payments and monetary transactions to and from any central or local government institutions shall not be effected in cash and shall be effected through bank accounts.

 

266.                   (1) The Commission may, by Notice in writing, require any person to:

 

(a) attend before the Commission, to be questioned by the Commission;

(b) produce to the Commission, any document or thing in the possession or control of that person and specified in such Notice.

                (2) Every person who:

 

(a) fails, without reasonable cause to appear before the Commission when required to do so by a Notice sent to him under paragraph (1);

(b) appears before the Commission in compliance with such a Notice, but refuses without reasonable cause, to answer any questions put to him by the Commission; or

(c) fails or refuses, without reasonable cause, to produce any document or thing which he was required to produce by a Notice sent to him under paragraph (1);

 

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred fifty thousand LKRS or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

(3) Every High Court shall have jurisdiction to hear and determine any matter referred to in paragraph (2).

267.       The quorum for any meeting of the Commission shall be three members.

268.       No suit, prosecution or other proceeding shall lie against any member or officer of the Commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions, under the Constitution.

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