The document provides an overview of Bangladesh's public procurement system, including the introduction of the Public Procurement Act 2006 and Public Procurement Rules 2008 which established the primary legal framework for transparent and competitive bidding. It also discusses the roles and responsibilities of institutions like the Central Procurement Technical Unit and the standard procedures for tendering and procurement of goods, works and services.
This document provides an overview of offenses affecting the human body under Indian law. It defines and discusses crimes such as culpable homicide, murder, hurt, grievous hurt, kidnapping, and rape. For each offense, it outlines the relevant sections of Indian law and provides definitions and explanations of key terms as well as punishments prescribed. The document was written by Vandana Chandwani, an LLB student, for a class on information and communications technology related to these types of offenses under Indian law.
Force majeure clauses excuse parties from contractual obligations when unexpected events outside their control occur. Well-drafted commercial contracts contain force majeure clauses that specify the extent obligations are excused. Factors to consider include your role, relevant circumstances, and risks. The definition of a force majeure event should be tailored based on whether you are more or less likely to rely on the clause.
This document discusses the right to bail in Bangladeshi law. It defines bail as the release of a person charged with an offence upon signing an undertaking to appear in court. Bail can be granted for bailable offences by police or courts and is meant to balance the accused's liberty with ensuring their appearance at trial. The document outlines the categories of offences, conditions for granting bail, relevant authorities, and roles of police, prosecutors and judges. It also discusses cancellation of bail and reforms needed in the bail system.
This document discusses legal rights and duties. It defines a wrongful act as anything contrary to legal duty. It explains that there are two types of duties: legal and moral. Legal rights refer to a person's ability to oblige others through a third party such as a government. There are many kinds of legal rights including perfect vs imperfect, positive vs negative, and proprietary vs personal rights. The document serves as an overview of key concepts related to jurisprudence including rights, duties, and wrongful acts.
O documento discute crimes contra o patrimônio, especificamente a apropriação indébita. Aborda o que é apropriação indébita, os elementos do tipo penal, as penas e causas de aumento ou diminuição da pena. Também discute a apropriação indébita previdenciária.
The document discusses the key elements of Section 304B of the Indian Penal Code, which deals with dowry deaths. It notes that for a dowry death charge, the prosecution must prove: 1) death of a woman, 2) by burns or bodily injury or otherwise than under normal circumstances, 3) within 7 years of marriage, 4) cruelty or harassment by the husband or relative, 5) in connection with a demand for dowry. It provides examples from case law where the courts have interpreted these elements and discusses what constitutes dowry under the law.
This document classifies offences under the Criminal Procedure Code for procedural purposes. There are four main classifications: 1) Cognizable/non-cognizable - determines whether police can make an arrest without a warrant. 2) Bailable/non-bailable - determines whether a person can be released on bail as a matter of right. 3) Summons case/warrant case - determines the process to compel appearance based on punishment. 4) Compoundable/non-compoundable - determines whether a criminal proceeding can end through compromise outside of court. Each classification serves a different objective in the legal process such as investigation, release on bail, trial procedures, and resolution.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
This document provides an overview of offenses affecting the human body under Indian law. It defines and discusses crimes such as culpable homicide, murder, hurt, grievous hurt, kidnapping, and rape. For each offense, it outlines the relevant sections of Indian law and provides definitions and explanations of key terms as well as punishments prescribed. The document was written by Vandana Chandwani, an LLB student, for a class on information and communications technology related to these types of offenses under Indian law.
Force majeure clauses excuse parties from contractual obligations when unexpected events outside their control occur. Well-drafted commercial contracts contain force majeure clauses that specify the extent obligations are excused. Factors to consider include your role, relevant circumstances, and risks. The definition of a force majeure event should be tailored based on whether you are more or less likely to rely on the clause.
This document discusses the right to bail in Bangladeshi law. It defines bail as the release of a person charged with an offence upon signing an undertaking to appear in court. Bail can be granted for bailable offences by police or courts and is meant to balance the accused's liberty with ensuring their appearance at trial. The document outlines the categories of offences, conditions for granting bail, relevant authorities, and roles of police, prosecutors and judges. It also discusses cancellation of bail and reforms needed in the bail system.
This document discusses legal rights and duties. It defines a wrongful act as anything contrary to legal duty. It explains that there are two types of duties: legal and moral. Legal rights refer to a person's ability to oblige others through a third party such as a government. There are many kinds of legal rights including perfect vs imperfect, positive vs negative, and proprietary vs personal rights. The document serves as an overview of key concepts related to jurisprudence including rights, duties, and wrongful acts.
O documento discute crimes contra o patrimônio, especificamente a apropriação indébita. Aborda o que é apropriação indébita, os elementos do tipo penal, as penas e causas de aumento ou diminuição da pena. Também discute a apropriação indébita previdenciária.
The document discusses the key elements of Section 304B of the Indian Penal Code, which deals with dowry deaths. It notes that for a dowry death charge, the prosecution must prove: 1) death of a woman, 2) by burns or bodily injury or otherwise than under normal circumstances, 3) within 7 years of marriage, 4) cruelty or harassment by the husband or relative, 5) in connection with a demand for dowry. It provides examples from case law where the courts have interpreted these elements and discusses what constitutes dowry under the law.
This document classifies offences under the Criminal Procedure Code for procedural purposes. There are four main classifications: 1) Cognizable/non-cognizable - determines whether police can make an arrest without a warrant. 2) Bailable/non-bailable - determines whether a person can be released on bail as a matter of right. 3) Summons case/warrant case - determines the process to compel appearance based on punishment. 4) Compoundable/non-compoundable - determines whether a criminal proceeding can end through compromise outside of court. Each classification serves a different objective in the legal process such as investigation, release on bail, trial procedures, and resolution.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
The document summarizes the executive structure at the state level in India. It discusses the roles of the Governor, Chief Minister, and Council of Ministers. The Governor is appointed by the President and acts as the nominal executive head of the state. The Chief Minister is appointed by the Governor and heads the Council of Ministers. The Council of Ministers aids and advises the Governor. Key powers of the Governor include executive, legislative, financial, judicial, and emergency powers, which are exercised based on the aid and advice of the Council of Ministers.
Gift, will and religious endowments in muslimAshan Thind
The document discusses various legal concepts related to gifts, wills, and religious endowments in Muslim law. It defines key terms like gift (hiba), will (wasiyat), and waqf (endowment). For a valid gift under Muslim law, there must be a donor, donee, subject matter of the gift, declaration of gift, acceptance, and immediate delivery of possession. A will allows disposition of up to 1/3 of property after death, with some exceptions. A waqf involves the permanent dedication of property for religious or charitable purposes. The document outlines requirements, types, and other details related to gifts, wills, and waqfs in Muslim legal tradition.
The document provides an overview of key definitions and concepts from the Code of Civil Procedure in India across 5 units.
Unit I defines key terms like decree, suit of civil nature, and jurisdiction of courts. It notes a decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree requires further steps, while a final decree completely resolves a suit.
The document outlines the structure of the Code of Civil Procedure and provides definitions of important terms from Section 2 like plaintiff, defendant, suit, and decree. It distinguishes decrees from orders.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
This document discusses different types of law and legal systems. It outlines two main types of law: common law and statute law. Common law refers to unwritten laws based on customs and precedents, while statute law is written law passed by a legislative body. Statute law is further divided into civil law, which deals with disputes between individuals or groups, and criminal law, which involves crimes and punishments. The document also discusses legal concepts like courts, plaintiffs, defendants, witnesses, evidence, and the court hierarchy in Pakistan.
Citizenship can be lost in three ways: 1) Renunciation, where a citizen declares renunciation of citizenship. Their minor children also lose citizenship but can resume it at age 18. 2) Termination, where a citizen voluntarily acquires citizenship of another country, automatically terminating their Indian citizenship. 3) Deprivation, where the central government compulsorily terminates a citizen's status if they obtained citizenship fraudulently, showed disloyalty to India, or were ordinarily resident outside India for 7 continuous years.
Offenses against the human body in UK criminal law refer to crimes involving direct physical harm or force against another person. These offenses are categorized as either fatal, sexual, or non-fatal and non-sexual. Fatal offenses include murder, manslaughter, and infanticide. Non-fatal non-sexual offenses include assault, battery, wounding, poisoning, and inflicting grievous bodily harm. Homicide is defined as any killing of one person by another but may be lawful or unlawful. Murder involves an unjustified killing with malice aforethought, while manslaughter involves a less severe unlawful killing without malice.
The document summarizes the qualifications, election process, powers, and removal of the President of India. It states that the President is indirectly elected by an electoral college consisting of members of parliament and state legislative assemblies using single transferable vote. The President can be removed through impeachment, which requires a two-thirds majority vote in both houses of parliament. The President holds executive, legislative, financial, and limited judicial powers according to the Constitution but has a largely ceremonial role.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document provides an overview of the Private Security Agencies (Regulation) Act of 2005 in India. Some key points:
- It establishes a Controlling Authority to regulate private security agencies and grant licenses. Licenses are required for any agency providing private security services.
- Certain criteria must be met to be eligible for a license, such as no criminal convictions. Licenses can be cancelled for violations of the act or conditions.
- Agencies must ensure guards and supervisors receive proper training. Guards must be citizens of India between 18-65 years old and pass background checks.
- The act outlines requirements around commencement of operations, employment of supervisors, display of licenses, and other regulatory
Theft, in layman the act of dishonestly taking something that belongs to someone else and keeping it. We generally describe theft to be the act of stealing property belonging to somebody else. However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person’s consent. Therefore, in order to constitute theft under IPC, the following conditions must exist:
Ingredients: To constitute theft, the following ingredients are required:
a) The accused must have a dishonest intention to take the property,
b) The property must be movable,
c) The property must be taken out of the possession of another person,
d) Resulting in wrongful gain by one and wrongful loss to another,
e) Taking must be without the person’s consent (implied or expressed)
All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else’s property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft.
The document outlines the duties, eligibility requirements, and training standards for private security guards and supervisors in India according to the Private Security Agencies (Regulation) Act of 2005. It states that the duties of security guards include providing security to persons and property, assisting police investigations, and reporting any noticed legal violations. It also requires that agencies hire supervisors, provide training, and issue photo IDs to guards. Guards must be Indian citizens between 18-65 years old, pass a background check and medical exam, and complete mandatory training.
The document discusses the concept of separation of powers in the U.S. government. It explains that the framers of the Constitution separated the government into three branches - legislative, executive, and judicial - and established a system of checks and balances to prevent any one branch from becoming too powerful. Specific examples are provided of how each branch acts as a check on the others, such as the president's veto power and the Supreme Court's power of judicial review. The goal of this separation of powers is to protect individual liberty and ensure no single person or branch can control all powers of government.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
The document discusses the offense of affray under Indian law. It defines affray as a fight between two or more persons in a public place that disturbs the public peace. The key elements are: (1) fighting must occur between two or more persons actively participating; (2) the fight must take place in a public space where others are present; and (3) the fight must disturb the public peace. Affray differs from assault in that it occurs in public and disturbs the peace, while assault can be private and targets an individual. The offense is punishable by fine or imprisonment under Section 160 of the Indian Penal Code. The document also examines important case law related to determining what constitutes an affray versus a
The document summarizes the key aspects of the Police Order 2002 in Pakistan. It was introduced to reform the police system and make it more professional, service-oriented and accountable. Some major features include separating the police from magistracy, increasing public accountability through complaint commissions, reducing political influence, and separating investigation functions from watch and ward duties at police stations. The order also defines the duties of police and establishes district and provincial public safety commissions to approve local policing plans and handle complaints against police excesses.
This document discusses panchanamas, which are documents prepared by investigating officers in India to record details of investigations, searches, seizures, and other legal proceedings. It provides background on the origin of the term "panchanama" in ancient village justice systems. It then explains the different types of panchanamas used in criminal and civil cases, what they are used for, and what details they typically contain. Key points include that panchanamas are not substantive evidence but are used to support and corroborate other evidence, and that they must be prepared in the presence of witnesses.
This document provides an overview of Sri Lanka's national procurement system as reported by Crown Agents. Key points include:
- Sri Lanka established the National Procurement Agency in 2004 to oversee procurement reforms but it has since lost independence and become an administrative body under the Ministry of Finance.
- Procurement is guided by Guidelines rather than laws, and changes are issued through supplements making the rules difficult to follow.
- Procurement responsibilities are decentralized to line ministries and provincial councils. Committees appointed by the Ministry oversee higher value bids.
- The role and capacity of oversight bodies like the NPA and ICTAD have been reduced due to lack of funding.
- A World Bank report has assessed
The document provides background information on the historical development of procurement laws in the Philippines and an overview of the key provisions of Republic Act 9184 (R.A. 9184) and its revised Implementing Rules and Regulations (IRR). It discusses the enactment of R.A. 9184, also known as the Government Procurement Reform Act (GPRA), in 2003 to consolidate procurement rules and regulations. It also summarizes the functions of important procurement organizations established under the law such as the Government Procurement Policy Board (GPPB) and Bids and Awards Committee (BAC).
The document summarizes the executive structure at the state level in India. It discusses the roles of the Governor, Chief Minister, and Council of Ministers. The Governor is appointed by the President and acts as the nominal executive head of the state. The Chief Minister is appointed by the Governor and heads the Council of Ministers. The Council of Ministers aids and advises the Governor. Key powers of the Governor include executive, legislative, financial, judicial, and emergency powers, which are exercised based on the aid and advice of the Council of Ministers.
Gift, will and religious endowments in muslimAshan Thind
The document discusses various legal concepts related to gifts, wills, and religious endowments in Muslim law. It defines key terms like gift (hiba), will (wasiyat), and waqf (endowment). For a valid gift under Muslim law, there must be a donor, donee, subject matter of the gift, declaration of gift, acceptance, and immediate delivery of possession. A will allows disposition of up to 1/3 of property after death, with some exceptions. A waqf involves the permanent dedication of property for religious or charitable purposes. The document outlines requirements, types, and other details related to gifts, wills, and waqfs in Muslim legal tradition.
The document provides an overview of key definitions and concepts from the Code of Civil Procedure in India across 5 units.
Unit I defines key terms like decree, suit of civil nature, and jurisdiction of courts. It notes a decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree requires further steps, while a final decree completely resolves a suit.
The document outlines the structure of the Code of Civil Procedure and provides definitions of important terms from Section 2 like plaintiff, defendant, suit, and decree. It distinguishes decrees from orders.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
This document discusses different types of law and legal systems. It outlines two main types of law: common law and statute law. Common law refers to unwritten laws based on customs and precedents, while statute law is written law passed by a legislative body. Statute law is further divided into civil law, which deals with disputes between individuals or groups, and criminal law, which involves crimes and punishments. The document also discusses legal concepts like courts, plaintiffs, defendants, witnesses, evidence, and the court hierarchy in Pakistan.
Citizenship can be lost in three ways: 1) Renunciation, where a citizen declares renunciation of citizenship. Their minor children also lose citizenship but can resume it at age 18. 2) Termination, where a citizen voluntarily acquires citizenship of another country, automatically terminating their Indian citizenship. 3) Deprivation, where the central government compulsorily terminates a citizen's status if they obtained citizenship fraudulently, showed disloyalty to India, or were ordinarily resident outside India for 7 continuous years.
Offenses against the human body in UK criminal law refer to crimes involving direct physical harm or force against another person. These offenses are categorized as either fatal, sexual, or non-fatal and non-sexual. Fatal offenses include murder, manslaughter, and infanticide. Non-fatal non-sexual offenses include assault, battery, wounding, poisoning, and inflicting grievous bodily harm. Homicide is defined as any killing of one person by another but may be lawful or unlawful. Murder involves an unjustified killing with malice aforethought, while manslaughter involves a less severe unlawful killing without malice.
The document summarizes the qualifications, election process, powers, and removal of the President of India. It states that the President is indirectly elected by an electoral college consisting of members of parliament and state legislative assemblies using single transferable vote. The President can be removed through impeachment, which requires a two-thirds majority vote in both houses of parliament. The President holds executive, legislative, financial, and limited judicial powers according to the Constitution but has a largely ceremonial role.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document provides an overview of the Private Security Agencies (Regulation) Act of 2005 in India. Some key points:
- It establishes a Controlling Authority to regulate private security agencies and grant licenses. Licenses are required for any agency providing private security services.
- Certain criteria must be met to be eligible for a license, such as no criminal convictions. Licenses can be cancelled for violations of the act or conditions.
- Agencies must ensure guards and supervisors receive proper training. Guards must be citizens of India between 18-65 years old and pass background checks.
- The act outlines requirements around commencement of operations, employment of supervisors, display of licenses, and other regulatory
Theft, in layman the act of dishonestly taking something that belongs to someone else and keeping it. We generally describe theft to be the act of stealing property belonging to somebody else. However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person’s consent. Therefore, in order to constitute theft under IPC, the following conditions must exist:
Ingredients: To constitute theft, the following ingredients are required:
a) The accused must have a dishonest intention to take the property,
b) The property must be movable,
c) The property must be taken out of the possession of another person,
d) Resulting in wrongful gain by one and wrongful loss to another,
e) Taking must be without the person’s consent (implied or expressed)
All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else’s property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft.
The document outlines the duties, eligibility requirements, and training standards for private security guards and supervisors in India according to the Private Security Agencies (Regulation) Act of 2005. It states that the duties of security guards include providing security to persons and property, assisting police investigations, and reporting any noticed legal violations. It also requires that agencies hire supervisors, provide training, and issue photo IDs to guards. Guards must be Indian citizens between 18-65 years old, pass a background check and medical exam, and complete mandatory training.
The document discusses the concept of separation of powers in the U.S. government. It explains that the framers of the Constitution separated the government into three branches - legislative, executive, and judicial - and established a system of checks and balances to prevent any one branch from becoming too powerful. Specific examples are provided of how each branch acts as a check on the others, such as the president's veto power and the Supreme Court's power of judicial review. The goal of this separation of powers is to protect individual liberty and ensure no single person or branch can control all powers of government.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
The document discusses the offense of affray under Indian law. It defines affray as a fight between two or more persons in a public place that disturbs the public peace. The key elements are: (1) fighting must occur between two or more persons actively participating; (2) the fight must take place in a public space where others are present; and (3) the fight must disturb the public peace. Affray differs from assault in that it occurs in public and disturbs the peace, while assault can be private and targets an individual. The offense is punishable by fine or imprisonment under Section 160 of the Indian Penal Code. The document also examines important case law related to determining what constitutes an affray versus a
The document summarizes the key aspects of the Police Order 2002 in Pakistan. It was introduced to reform the police system and make it more professional, service-oriented and accountable. Some major features include separating the police from magistracy, increasing public accountability through complaint commissions, reducing political influence, and separating investigation functions from watch and ward duties at police stations. The order also defines the duties of police and establishes district and provincial public safety commissions to approve local policing plans and handle complaints against police excesses.
This document discusses panchanamas, which are documents prepared by investigating officers in India to record details of investigations, searches, seizures, and other legal proceedings. It provides background on the origin of the term "panchanama" in ancient village justice systems. It then explains the different types of panchanamas used in criminal and civil cases, what they are used for, and what details they typically contain. Key points include that panchanamas are not substantive evidence but are used to support and corroborate other evidence, and that they must be prepared in the presence of witnesses.
This document provides an overview of Sri Lanka's national procurement system as reported by Crown Agents. Key points include:
- Sri Lanka established the National Procurement Agency in 2004 to oversee procurement reforms but it has since lost independence and become an administrative body under the Ministry of Finance.
- Procurement is guided by Guidelines rather than laws, and changes are issued through supplements making the rules difficult to follow.
- Procurement responsibilities are decentralized to line ministries and provincial councils. Committees appointed by the Ministry oversee higher value bids.
- The role and capacity of oversight bodies like the NPA and ICTAD have been reduced due to lack of funding.
- A World Bank report has assessed
The document provides background information on the historical development of procurement laws in the Philippines and an overview of the key provisions of Republic Act 9184 (R.A. 9184) and its revised Implementing Rules and Regulations (IRR). It discusses the enactment of R.A. 9184, also known as the Government Procurement Reform Act (GPRA), in 2003 to consolidate procurement rules and regulations. It also summarizes the functions of important procurement organizations established under the law such as the Government Procurement Policy Board (GPPB) and Bids and Awards Committee (BAC).
Lawyer in Vietnam Dr. Oliver Massmann THE WORLD BANK IS ASKING DUANE MORRIS O...Dr. Oliver Massmann
The document provides information about public procurement laws and processes in Vietnam. It answers questions from The World Bank about applicable laws and regulations, procurement methods, electronic procurement portals, the procurement process phases from budgeting to contract signing, and other details. Key points include:
- The Ministry of Transport conducts procurement for most roads in Vietnam.
- Applicable laws include the Bidding Law, Construction Law, and decrees regulating bidding and construction contracts.
- Open tendering is commonly used but not always required; exceptions allow other methods.
- A national e-procurement portal allows access to notices, documents, clarifications, and more.
- The process includes budget estimation, public advertisement, bid evaluation and award
The document summarizes changes to EU procurement regulations and proposed UK reforms. Key changes include shorter timescales for procurement processes, exemptions for local authority cooperation and social enterprises, a "light touch" regime for certain services, and the ability to exclude poorly performing suppliers from re-tendering. The UK government may introduce new legislation imposing duties around procurement and investigating authorities' functions. Proposed reforms include removing pre-qualification questionnaires for lower value contracts and mandating 30-day payment terms for subcontractors.
- The document outlines the Companies (Cost Records and Audit) Rules, 2014 in India, which specify the class of companies required to maintain cost records and get such records audited.
- It provides definitions for key terms and specifies two categories of sectors - regulated sectors like telecom, electricity, petroleum, drugs, and fertilizers, and non-regulated sectors like machinery, turbo jets, arms and ammunition.
- For regulated sectors, the cost audit requirement is subject to an annual turnover threshold of ₹50 crores, while for non-regulated sectors the threshold is ₹100 crores. The rules also provide formats for cost record maintenance and audit report filings.
- The document outlines the Companies (Cost Records and Audit) Rules, 2014 in India, which specify the class of companies required to maintain cost records and get such records audited.
- It provides definitions for key terms and specifies two categories of sectors - regulated sectors like telecom, electricity, petroleum, drugs, fertilizers and sugar, and non-regulated sectors like machinery, turbo jets, arms and ammunition etc.
- It provides thresholds based on overall company turnover from all products and services for the applicability of cost record rules and cost audit rules. Micro, small enterprises are exempted.
- The document outlines the Companies (Cost Records and Audit) Rules, 2014 in India, which specify the class of companies required to maintain cost records and get such records audited.
- It provides definitions for key terms and specifies two categories of sectors - regulated sectors like telecom, electricity, petroleum, drugs, fertilizers and sugar, and non-regulated sectors like machinery, turbo jets, arms and ammunition etc.
- It provides thresholds based on overall company turnover from all products and services for the applicability of cost record rules and cost audit rules. Micro, small enterprises are exempted.
Presentation: "Improving Regulation through Transparency: Telecommunication Regulatory Authority's (TRA) Consultation and Access to Information" given by Dr. Kamal Shehadi, Chairman and CEO, in the framework of the conference "Tools for Transparency: Corporate Governance and Access to Information" held on May 26, 2009.
Introduction to TransPrice Knowledge AllianceAkshay KENKRE
TransPrice flagged off a knowledge circle amongst its members, clients and associates; the purpose of which is to spread awareness about the transfer pricing issues in the industry; to value add by representing the issues discussed in the forum at various larger forums and ultimately provide plausible solutions.
I hereby invite the industry members who are affected by Transfer Pricing and International taxation to join the group.
Interested professionals can write to me on akshaykenkre@transprice.in
This is purely a knowledge awareness session and not a business initiative.
Thanks a lot
Akshay Kenkre
This document outlines authority limits for procurement committees and officials for contract awards and purchases in Sri Lanka. It details:
1) The authority limits of procurement committees such as the Standing Cabinet Appointed Procurement Committee, Cabinet Appointed Procurement Committee, and Ministry, Department, and Regional Procurement Committees for recommending contract awards based on funding source and cost estimates.
2) The authority limits and requirements for officials such as the Head of Department, Department Procurement Committee, and Regional Heads when using procedures like shopping or direct contracting.
3) The authority limits for deviating from standard procurement procedures in urgent situations.
- Public procurement accounts for 20-30% of global and India's GDP respectively and presents opportunities for cost savings.
- India's public procurement is estimated at Rs. 8,00,255 crore annually between central and state governments as well as public sector undertakings.
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1. MD ABDUS SATTAR
EXECUTIVE ENGINEER
(PROCUREMENT)
LOCAL GOVERNMENT
ENGINEERING DEPARTMENT
OVERVIEW OF PPA, 2006 and
PPR, 2008
2. Public Procurement
Procurement means the purchasing or
hiring of Goods, or acquisition of Goods
through purchasing and hiring, and the
execution of Works and performance of
Services by any contractual means
What is Procurement?
Public Procurement is Procurement using
Public Funds
3.
4.
5.
6. Area : 147,570 km2
Population : 160 million
(>1000/ km2)
Economy : Agriculture based
Bangladesh : General Information
Socio-Economy
7. Public Procurement System in Bangladesh up to
2003
The constitution has no direct provision on public
procurement.
No legal framework.
The public procurement procedures and practices
have evolved over the years from the days of
British and subsequently Pakistani rule.
8. Public Procurement System in Bangladesh up to
2003
CGFR issued in 1930 under British rule outlines
general principles for government contracts to
follow,
leaving it to the departments to frame detailed rules
and procedures for their procurements.
Since independence in 1971, the public procurement
practices have been influenced by the WB, the ADB,
and other donors since the bulk of public
procurement is externally funded.
9. Public Procurement System in Bangladesh up to
2003
Some departments, autonomous boards, and public
undertakings have drafted their own set of
procedures or a manual, and
The rest follow the PWD code i.e Form No. 2911 for
Works and Form No. 2908 for Goods Procurement.
10. Joint Collaboration
In 1999 WB and ADB
conducted joint review of
the country portfolio
performance and
prepared an action plan
for government on public
procurement
Public Procurement System
11. CPAR Findings & Recommendations
– Absence of Legal Framework
– Bureaucratic Procedure
– Lack of Competent Staff
– Poor Quality Bidding Document
– Ineffective Contract Administration
– Establish Policy Unit
– Carry out Reforms
– Improve Proc. Capacity
CPAR 2002
Findings
Recommendations
13. RESPONSIBILITIES OF CPTU
Propose necessary act to the government.
Monitoring Compliance with and implementation of this
Act;
Prepare and distribute STDs
Propose any Amendments to the Act, Rules or other
Documents.
Issue guidance and instructions regarding the
interpretation and implementation of these Rules
and other Documents issued by it and
Advice and assistance to Procuring Entities as well as
bidding communities..
14. RESPONSIBILITIES OF CPTU
Prepare and submit to the Government Annual
Report &
A summary of Procurement Post Reviews by PEs and
by the CPTU;
Statistics on training and other capacity
development activities;
Summary of complaints filed and sent to the Review
Panel and status of complaints etc.
17. PP Framework in Bangladesh – Four
Pillars
PPA 2006 (latest amended 2018)
PPR 2008 (amended accordingly)
STDs/SRFPs
e-Government Procurement (e-GP)
Guidelines 2011
Delegation of Financial Power (DoFP)
18. পিপিএ, ২০০৬ ও পিপিআর ২০০৮ এর সার
সংক্ষেি
18
বিিরণ বিবিএ-২০০৬
বিবিআর-
২০০৮
জারী
৬ জুলাই
২০০৬
২৪ জানুয়ারী
২০০৮
কার্ য
কর
৩১ জানুয়ারী
২০০৮
৩১ জানুয়ারী
২০০৮
ধারা/বিবধ ধারা ৭৩টি বিবধ ১৩০টি
অধযায় ৯টি ৯টি
অধযায়-১: প্রাথবিক বিষয়াবি ধারা ১-৪ বিবধ ১-৩
অধযায়-২: িরিত্র িা প্রস্তাি প্রস্তুতকরণ,
কবিটি, ইতযাবি ধারা ৫-৮ বিবধ ৪-১২
অধযায়-৩: ক্রয়সংক্রান্ত নীবতসিুহ ধারা ৯-৩০ বিবধ ১৩-৬০
অধযায়-৪: িণয ও কার্ যক্রয়িদ্ধবতসিূহ ধারা ৩১-৩৬ বিবধ ৬১-৮৯
অধযায়-৫: িুদ্ধদ্ধিৃবিক ও পিশাগত
পসিাক্রয়িদ্ধবতসিূহ ধারা ৩৭-৩৯
বিবধ ১০৩-
১২৬
19. PPA 2006 and PPR 2008
PPA
2006
PPR
2008
Primary legislation
focuses on main
public
procurement issues
Secondary legislation addresses
those which, although being
important for a proper and
effective public procurement
procedure to be
carried out, may be
better spelled
out in
the secondary
legislation
Guiding principle in designing PPA & PPR
20. PPR 2008 and e-GP Guidelines 2011
eGP
Guidelines
2011
PPR
2008
Supplement to PPR
2008
focuses on main
electronic public
procurement issues
Secondary legislation addresses
those which, although being
important for a proper and
effective public
procurement
procedure to be
carried out, may
be better
spelled out in
the secondary
legislation
21. STD and DoFP
STD/SRFP
DoFP
A Tool for operation
of Act & Rule A tool for the Approving
Authority addresses the
Tender Approval Ceiling of Different
Category Authorities
Separate for
Development
and Revenue
Budget issued
by the MoF
Separate for Goods,
Works and
Services based on
ceiling issued by
CPTU
23. Nature and
Size of the
Contract
Structure of the STD
IFT
Invite
Potential
Tenderer
ITT
-Regarding
the Form &
Procedure
TDS
Specifies
the
Parameter
GCC
General
provision
for
Contract
PCC
- Modify the
GCC for
particular
Procurement
24. Nature and
Size of the
Contract
Structure of the RFP
LOI
Including
the Short
List
ITC
-Regarding
Technical &
Financial
Proposal
PDS/TO
R
Proposal
Specific
parameter
GCC
General
provision
for
Contract
PCC
- Modify the
GCC for
particular
Procurement
26. Goods & Related Services
Works & Physical Services
OTM
Open
Tendering
Method
LTM
Limited
Tendering
Method
TSTM
Two-Stage
Tendering
Method
RFQM
Request for
Quotation
Method
DPM
Direct
Procurement
Method
Distinct Methods
Methods: Goods and Works
Taking into account the thresholds and conditions
OSTETM
One Stage
Two Envlpe
Tendering
Method
Compliance
with
the
conditions
specified
in
the
Rules
Open Tendering Method OTM: Preferred Method
Competition under non-discriminatory and equal terms
27. OTM : Key Aspects
Invite Eligible Tenderers through public
advertisement
Sell Tender Documents or place on e-GP
portal
Allowing minm time for submission
Urgent National Need: GoB may reduce
time
With or without Pre-qualification
In case of PQ, TDs to Pre-qualified
Candidates only
Rule-
61
Open Tendering Method – Preferred!!
28. From enlisted
Suppliers
or Contractors
Max.Tk. 25 lakh
for Goods and
related services
and “Stand alone
service”
LTM: with Threshold
Max. Tk. 3 Crore
for Works and
Physical services
If tender price exceeds the
specified threshold
Approval of Contract
by next higher
authority required
Rule-
63(2)&(3)
4
Contracts for stand-alone Services may be renewed on annual or
term basis, not more than twice
29. Direct Procurement Method DPM
Rule- 75
Use of DPM is circumstances specific
FORMS
Direct
Contracting
Additional
Delivery
Repeat
Order
Variation
Order
Extra
Work Order
30. DCP
Direct Cash Purchase (DCP)
Low value
Goods, urgent
and essential
Services
Example:
Maintenance,
repairs,
transportation etc
Tk 25,000
(each case)
Annual
Aggregate
Tk. 10 lakh
Rule- 81
Under Approved Budget: Rule-74(3)
31. FA
Force Account
May be used for
hiring of direct
Labour for
departmental needs
Purchase of Materials, tools
and rental of additional
equipment required to perform
departmental work: Use other
methods (RFQ, Direct
Contracting etc.)
Each case
Max. Tk 3
lakh
Rule- 82
Under Approved Budget: Rule-74(3)
32. RFQM: Thresholds
Tk. 3 lakh (Each case.)
Annual aggregate Tk. 15
lakh
G
W
G
W
Revenue (Maxm)
Development (Maxm)
Tk. 6 lakh (Each case)
Annual Tk. 25 lakh
Tk. 5 lakh (Each case)
Annual Tk. 30 lakh
Tk. 10 lakh (Each case)
Annual Tk. 60 lakh
Readily
available
Off-the-
shelf
Goods
Low
value
simple
Works
and
physical
Services
33. Turnkey
Contracts or
Contracts for
large complex
nature of
plants
TSTM
Not possible complete technical specifications in advance
Rule-
65
Supply, installation
and commissioning
of Processing Plants
or works of complex
nature,
Communication
Technology
Alternative Tech. approaches may not be available within
the knowledge of PE
PE lacks the capability to prepare specifications
34. OSTETM
Applicable for same contracts as
TSTM, but PE is capable of
preparing the complete tender
documents, incorporating full
specifications,
Bill of Quantities, Schedule of
Requirements, Designs etc.
35. Methods: Consultancy Services
QCBS Quality and Cost Based Selection
Short listed consultants compete on the basis of quality and cost
FBS Fixed Budget Selection
Simple and specific nature of services with a fixed budget
LCS Least Cost Selection
Standard or routine nature, and where the cost of the service is within the
prescribed price limit
SSS Single Source Selection
Continuation of on-going or just completed, low value, speedy selection in
emergency situation, rare experience/qualification, urgent need (catastrophic event)
CSOS Community Service Organization Selection
Overall knowledge of community needs, local issues and community participation
are paramount
ICS Individual Consultant Selection
Qualified individual expert while no team work is required
SBCQ Selection Based on Consultants Qualifications
Very small high quality assignments, preparation & evaluation of competitive
proposal is not justified
DCS Design Contest Selection
Technical excellence and innovation are of prime considerations
Preferred
Prior
Approval
of
HOPE
or
AO
36. LGED PU Local Government Engineering Department
Procurement Unit
Combined
Evaluation
Negotiation
Award
Financial
REOI
Short-listing
Technical
Issuance &
Receipt of RFP
Evaluation
By
PEC
Following RFP & Rules
QCBS
Rule-105 Steps
39. HOPE
PD
PM
AO
AA
HOPE
PD
PM
AO
Evaluation Report (ER)
with
Recommendation for Award
EC
MINISTRYY
HOPE
Purchase Proposal along with (ER)
with Recommendation for Award
EC SECRETARY
PE
DECIDES
AND
RETURNS
ADD COMMENTS
MINISTER
DECIDES
AND
FORWARDS
PE
AA
Approval of Tender or Proposal
Rule-36(3)(a)
Ministry/Division/Department/Directorate
40. CCGP
RA
HOPE
Purchase Proposal along with
(ER) with
Recommendation for Award
EC
SECRETARY
Evaluation Report
with
Recommendation for Award
EC
SECRETARY
DECIDES AND RETURNS
PE
CCGP
DECIDES
PE
SECRETARY
3
SUMMARY
AA
Approval of Tender or Proposal
Rule-36(3)(a)
Ministry/Division/Department/Directorate