Act 37 2021 - Act 37 - Public Procurement (Amendment) Act 2021
This Act amends public procurement rules by changing how the Board and Review Panel are appointed and by ending the terms of existing members when the Act starts.
[12th August 2021] Supplement to Official Gazette 715 PUBLIC PROCUREMENT (AMENDMENT) ACT, 2021 (Act 37 of 2021) ARRANGEMENT OF SECTIONS Sections 1. Short title 2. Amendment of section 14 of Cap 305 3. Amendment of section 99 4. Transitional provisions [12th August 2021] Supplement to Official Gazette 717 PUBLIC PROCUREMENT (AMENDMENT) ACT, 2021 (Act 37 of 2021) I assent Wavel Ramkalawan President 12th August, 2021 AN ACT to amend the Public Procurement Act, 2008 (Cap. 305). ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Public Procurement (Amendment) Act, 2021. 718 Supplement to Official Gazette [12th August 2021] Amendment of Section 14 of Cap 305 2. Section 14 of the Public Procurement Act, 2008 (Cap. 305) (hereinafter referred to as the “principal Act”) is amended by — (a) renumbering subsections (2) and (3) as subsections (3) and (4); (b) repealing subsection (1), and substituting therefor the following subsection — “(1) The President on the recommendation of the Minister shall appoint to the Board — (a) a chairperson; and (b) 6 other members, of which 3 members shall be from the private sector.” (c) by inserting after subsection (1) the following subsection — “(2) The members appointed under subsection (1) shall be persons of integrity, possessing qualifications and experience in public administration, general economics, legal matters, finance, engineering or technical fields.” Amendment of Section 99 3. Section 99 of the principal Act is amended — (a) by repealing subsection (1) and substituting therefor the following — “(1) There shall be a Review Panel whose members shall be appointed by the President on recommendation of the Minister, consisting of — (a) a Chairperson; and (b) 4 other members, of which 2 members shall be from the private sector.” [12th August 2021] Supplement to Official Gazette 719 (b) by repealing subsection (2) and substituting therefor the following — “(2) The members appointed under subsection (1) shall be persons of integrity, possessing qualifications and experience in public administration, general economics, legal matters, finance, engineering or technical fields.” Transitional provisions 4. On the commencement of this Act — (a) the members of the Board and the Review Panel, established by sections 14 and 99 of the Public Procurement Act, 2008, prior to the commencement of this Act, shall cease to be members as such and shall vacate their office; and (b) such members shall not be entitled to any compensation for the premature termination of their term of office or of any contract of service. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 3rd August, 2021. Mrs. Tania Isaac Clerk to the National Assembly