ARTICLE · 08 MAY 2020

Public Procurement 2019

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The legal and regulatory public procurement framework in India broadly comprises the following elements:

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Devina Deshpande

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1 RELEVANT LEGISLATION

1.1 What is the relevant legislation and in outline what does each piece of legislation cover?

The legal and regulatory public procurement framework in India broadly comprises the following elements:

Constitutional provisions: The Constitution of India authorises the Central and State Governments to contract for goods and services in the name of the President of India or the Governor of the State (respectively), and directs autonomy in public spending. However, it does not stipulate any procurement policies or procedures.
Legislative provisions:
- There is no comprehensive central legislation exclusively governing public procurement. Nonetheless, various procurement rules and policies (see below) are guided by central legislations such as the Contract Act 1872, Sale of Goods Act 1930, Prevention of Corruption Act 1988, Arbitration and Conciliation Act 1996, etc.

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