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PPRA ORDINANCE 2002
MKKP (Cultivate Futures)
https://youtu.be/CJJPvTHTciw
MISCELLANEOUS
CHAPTER I.-
PRELIMINARY
ESTABLISHMENT OF
AUTHORITY
MANAGEMENT AND
ADMINISTRATION OF THE
AUTHORITY
FINANCIAL PROVISIONS
REGULATORY AND
OTHER PROVISIONS
PPRA
Ordinance
2002
AN ORDINANCE to provide for the establishment of Public Procurement
Regulatory Authority for regulating public procurement of goods, services, works
and disposal of public assets in the public
sector and for matters connected therewith or
ancillary thereto
PPRA Ordinance 2002 (As amended up to July 7, 2020).
MKKP (Cultivate Futures)
means regulations made under this Ordinance;
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
CHAPTER I.-
PRELIMINARY
1. Short title, extent and commencement
1. This Ordinance may be called the
“Public Procurement Regulatory Authority Ordinance,
2002
(As amended up to July 7, 2020)”.
2. It extends to the whole of Pakistan.
3. It shall come into force at once.
2. Definitions: there are 18 definitions. Some important ones are as under:
(a)“Authority”
means the Public Procurement Regulatory Authority
established under Section 3;
(b)"Board”
means the Board constituted under Section 6;(c)“Chairperson”
means the Chairperson of the Board;(ca)“disposal”
means auction, rental, lease, donations,
destruction and recycling of public assets or any
combination thereof;
(d)“Fund”
means the fund established under section 9;(e)“Goods”
means articles and objects of every kind and description
including raw materials, products, equipment,
machinery, spares, scraps, waste material and
commodities in any form and includes all type of assets
such as immoveable property, physical objects in any
form or matter, intangible assets, goodwill, intellectual
property and proprietary right, as well as service
incidental thereto if the value of these services does not
exceed the value of such goods;
(f)“Managing Director”
means the Managing Director appointed
under section 8;
(g)“Member”
means a member of the Authority;(h)“Misprocurement”
means public procurement in contravention of
any provision of this Ordinance, any rules,
regulations, orders or instructions made there
under or any other law in respect of, or
relating to, public procurement;
(i)“prescribed”
means prescribed by rules made under
this Ordinance;
(j)“procuring agency”
means
i. any Ministry, Division, Department or
any Office of the Federal Government;
ii. any authority, corporation, body or
organization established by or under a
Federal law or which is owned or
controlled by the Federal Government;
(ja)“public asset”
means all types of goods owned and
possessed by the procuring agency;
(k) “Public Fund”
means the Federal Consolidated Fund and
the Public Account of the Federation and
includes funds of enterprises which are
owned or controlled by the Federal
Government;
(l) “Public Procurement”
means acquisition of goods, services or construction of any works financed
wholly or partly out of the public fund and includes disposal of public assets
and commercial transactions between procuring agency and private party, in
terms of which the private party is allowed to-
(i) perform a procuring agency’s assigned functions, including operations and
management, on its behalf;
(ii) assume the use of public asset; or
(iii) receive a benefit either from budget or revenue of the Federal Government or from
fees or charges to be collected by the private party for performing the procuring
agency’s function or any combination thereof;
(m)“Regulations”
(n) “Rules”
means rules made under this Ordinance;
(o) “Service”
means any object of procurement other than
goods or works;
(p) “Works”
“WORKS”
means any construction work consisting of erection,
assembly, repair, renovation or demolition of a building or
structure or part thereof, such as site preparation,
excavation, installation of equipment or materials and
decoration, finishing and includes incidental services such
as drilling, mapping, satellite photography, seismic
investigations and similar activities, if the value of those
services does not exceed that of the works themselves.
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
3. Establishment of Authority.
CHAPTER No.2: ESTABLISHMENT OF
AUTHORITY
1. There is hereby established an Authority to be called the
Public Procurement Regulatory Authority for carrying out the
purposes of this Ordinance.
2. The Authority shall be a body corporate, having perpetual
succession and a common seal, with powers subject to the
provisions of this Ordinance, to acquire and hold property, both
moveable and immovable, and, sue and be sued by the name
assigned to it by sub-section (1).
3.The headquarters of the authority shall be at Islamabad and it
may establish its offices at such other place or places in Pakistan
as it may consider appropriate.
4. Power of the Federal Government to issue directives
5. Functions and powers of the Authority.-
(1) the authority may take such measures and exercise powers for improving
governance, management, transparency, accountability and quality of public
procurement
(2) (a) monitor application of the laws, rules, regulations, policies and procedures;
(b) monitor the implementation of and evaluate
(c)recommend to the Federal Government
(d) make regulations and lay down codes of ethics and procedures
(e) monitor public procurement practices and make recommendations
(f)monitor overall performance of procuring agencies and make recommendations
(g) provide and coordinate assistance
(h) submit reports to the Government
(i)call any functionary to provide assistance in its functions and call for any information
(j) perform any other function assigned to it by the Federal Government.
MKKP (Cultivate Futures)
Chairperson
Secretary,
Finance Division
Govt.
Members
Secretary, Ministr
of Industries and
Production
Secretary, Defence
Production
Division
Secretary Ministry
of Water and
Power
Secretary,
Ministry of
Housing and
works
Secretary,
Ministry of
Communications
Private
Members
Three Members from
Private Sector
Managing Director
(Secretary to the Board)
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
Chapter-III:- MANAGEMENT AND ADMINISTRATION OF THE
AUTHORITY
6. Board
(1) General directions and administration of the Authority and its affairs
shall vest in a Board which may exercise all powers, perform all
functions and do all acts and things which may be exercised, performed
or done by the Authority.
(2) The Board shall consist of the following Members, namely:-
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
Chapter-III:- MANAGEMENT AND ADMINISTRATION OF THE
AUTHORITY
7. Meeting of the Board
presided over by the Chairperson
Five members shall constitute a quorum
The decision of the Board shall be taken by the
majority of its members present and, in case of a tie,
the member presiding a meeting shall have a casting
vote.
All orders, determination and decision of the Board
shall be taken in writing and shall be signed by the
Managing Director.
8. Managing Director
1. whole-time Managing Director by Federal Government.
2. appointed for three years7. power and responsibility to–
a. exercise administrative control over the personnel of the Authority;
b. exercise, in respect of the Authority;
c. submit the Annual Budget Proposals of the Authority to the Board;
d. prepare the Annual Report Of The Authority for the Board and the
Federal Government;
e. exercise such powers as the Board may delegate to him; and
f. act on behalf of the Authority
1. There is hereby established a Fund to be known as the Public Procurement
Regulatory Authority Fund which shall vest in the Authority and shall be utilized by
the Authority to meet the charges in connection with its functions under this Ordinance.
2. To the credit of the Public Procurement Authority, a fund shall be placed comprising-
a. such sums as the Federal Government may, from time to time, allocate to
it in the annual budget;
b. grants;
c. income from investment by the Authority; and
d. all other sums or properties which may in any manner become
payable to, or vest in, the Authority in respect of any matter.
3. The Authority, while performing its functions and exercising its powers under
the Ordinance, shall exercise highest sense of prudence as far as expenditures
are concerned.
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
CHAPTER IV.-FINANCIAL PROVISIONS
9. FUND
10. Expenditure to be charged on the Fund
11. Power to obtain finances and receive grants
12. Investment
13. Budget and Accounts
14. Maintenance of Accounts
15. Audit
1. The Authority may call for any information required by it for
carrying out the purposes of this Ordinance, from any person or
any institution in public procurement activities and any such
person or institution shall provide the required information called
by the Authority.
2. The Authority shall furnish to the Federal Government such
information with respect to the policies and procedures it is
pursuing or proposes to pursue in the performance of any of its
functions under this Ordinance as the Federal Government may,
from time to time, require.
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
CHAPTER V.-REGULATORY AND OTHER PROVISIONS.
16. Information
17. Annual report
Within one hundred and twenty days from the end of each
financial year, the Authority shall cause a report to be
prepared on its activities including inquiries and
investigations made by the Authority under this Ordinance
during that financial year and release to the public after it has
been seen by the Cabinet.
1. The Authority may, from time to time and within its
resources, appoint such officers, servants, advisers,
consultants and experts as it may consider necessary for
performance of its functions.
2. The Authority shall by regulations prescribe the procedure for
appointment of its officers, servants, advisers, consultants and
experts and the terms and conditions of their service.
MKKP (Cultivate Futures)
PPRA
Ordinance
2002
CHAPTER VI.-MISCELLANEOUS
18. Appointment of officers and staff, etc.
19. Members, officers, etc. to be public servants
The Chairperson, members, Director-General, officers,
servants, advisers, consultants and
experts of the Authority shall, when acting or purporting to
act in pursuance of any of the
provisions of this Ordinance or the rules and regulations made
thereunder, be deemed to be
public servants within the meaning of section 21 of the
Pakistan Penal Code (Act XLV of
1860).
20. Delegation
The Authority may, by such conditions and limitations as it
may deem fit to impose,delegate any of its functions or
powers to the Managing Director, or one or more members
or any of its officers except the power to-
(a) approve audited accounts;
(b) recommend exemption under section 21; and
(c) make or repeal regulation made under this Ordinance.
20A. Mechanism For Grievance Redressal
The procuring agency shall, by rules and regulations made
under this Ordinance, have a mechanism for grievance
redressal of bidder during procurement.
21. Power to exempt
The Authority may, for reasons to be recorded in
writing, recommend to the Federal Government
that the procurement of an object or class of
objects in the national interest be exempted from
the operation of this Ordinance or any rule or
regulation made thereunder or any other law
regulating public procurement and the Federal
Government on such recommendations shall
exempt the aforesaid objects or class of objects
from the operation of the laws and rules and
regulations made thereunder.
21A. Ordinance not to apply to certain bodies corporate etc.-
(1) Notwithstanding anything contained in this Ordinance
the provisions thereof shall not apply to a body corporate,
company, institution undertaking or establishment
specified in the Schedule to this Ordinance, which has been
privatized pursuant to the Privatization Commission
Ordinance,2000 (LII of 2000).
(2) The Federal Government may, by notification in the
official Gazette, amend the Schedule so as to add any entry
thereto, modify or omit any entry therein.
22. Validity of proceedings
No act or proceedings of the Authority or the Board, shall
be invalid by reason only of the existence of a vacancy in, or
defect in the constitution of, the Authority or the Board.
23. Indemnity
No suit, prosecution, or other legal proceedings shall lie
against the Authority, the Board, the Chairperson or any
member, officer, servants, advisers or consultants of the
Authority in respect of anything in good faith done or
intended to be done under this Ordinance or the rules and
regulations made thereunder.
24. Common seal
1. The Authority shall have a common seal and such seal
shall be kept by the Managing Director or such other
person as the Chairperson may authorize.
2. The seal shall be authenticated in the same manner as
may be prescribed by regulation and any document
purported to be sealed with the seal so authenticated
shall be receivable as evidence of the particular stated
in the document.
25. Winding up
No provision of law relating to winding up of bodies
corporate shall apply to the Authority and the Authority
shall not be wound up except by the orders of the Federal
Government in the same manner as the Federal Government
may direct.
26. Power of the Federal
Government to make rules
The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this
Ordinance.
27. Power of the Authority
to make regulations
The Authority may make regulations, not inconsistent with
the provisions of this Ordinance and the rules made
thereunder, for carrying out the purposes of this Ordinance.
Thanks for watching
Next Video “Public Procurement Rules, 2004”
MKKP (Cultivate Futures)

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PPRA Ordinance 2002 (as amended up to July 7, 2020)

  • 1. PPRA ORDINANCE 2002 MKKP (Cultivate Futures) https://youtu.be/CJJPvTHTciw
  • 2. MISCELLANEOUS CHAPTER I.- PRELIMINARY ESTABLISHMENT OF AUTHORITY MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY FINANCIAL PROVISIONS REGULATORY AND OTHER PROVISIONS PPRA Ordinance 2002 AN ORDINANCE to provide for the establishment of Public Procurement Regulatory Authority for regulating public procurement of goods, services, works and disposal of public assets in the public sector and for matters connected therewith or ancillary thereto PPRA Ordinance 2002 (As amended up to July 7, 2020). MKKP (Cultivate Futures)
  • 3. means regulations made under this Ordinance; MKKP (Cultivate Futures) PPRA Ordinance 2002 CHAPTER I.- PRELIMINARY 1. Short title, extent and commencement 1. This Ordinance may be called the “Public Procurement Regulatory Authority Ordinance, 2002 (As amended up to July 7, 2020)”. 2. It extends to the whole of Pakistan. 3. It shall come into force at once. 2. Definitions: there are 18 definitions. Some important ones are as under: (a)“Authority” means the Public Procurement Regulatory Authority established under Section 3; (b)"Board” means the Board constituted under Section 6;(c)“Chairperson” means the Chairperson of the Board;(ca)“disposal” means auction, rental, lease, donations, destruction and recycling of public assets or any combination thereof; (d)“Fund” means the fund established under section 9;(e)“Goods” means articles and objects of every kind and description including raw materials, products, equipment, machinery, spares, scraps, waste material and commodities in any form and includes all type of assets such as immoveable property, physical objects in any form or matter, intangible assets, goodwill, intellectual property and proprietary right, as well as service incidental thereto if the value of these services does not exceed the value of such goods; (f)“Managing Director” means the Managing Director appointed under section 8; (g)“Member” means a member of the Authority;(h)“Misprocurement” means public procurement in contravention of any provision of this Ordinance, any rules, regulations, orders or instructions made there under or any other law in respect of, or relating to, public procurement; (i)“prescribed” means prescribed by rules made under this Ordinance; (j)“procuring agency” means i. any Ministry, Division, Department or any Office of the Federal Government; ii. any authority, corporation, body or organization established by or under a Federal law or which is owned or controlled by the Federal Government; (ja)“public asset” means all types of goods owned and possessed by the procuring agency; (k) “Public Fund” means the Federal Consolidated Fund and the Public Account of the Federation and includes funds of enterprises which are owned or controlled by the Federal Government; (l) “Public Procurement” means acquisition of goods, services or construction of any works financed wholly or partly out of the public fund and includes disposal of public assets and commercial transactions between procuring agency and private party, in terms of which the private party is allowed to- (i) perform a procuring agency’s assigned functions, including operations and management, on its behalf; (ii) assume the use of public asset; or (iii) receive a benefit either from budget or revenue of the Federal Government or from fees or charges to be collected by the private party for performing the procuring agency’s function or any combination thereof; (m)“Regulations” (n) “Rules” means rules made under this Ordinance; (o) “Service” means any object of procurement other than goods or works; (p) “Works” “WORKS” means any construction work consisting of erection, assembly, repair, renovation or demolition of a building or structure or part thereof, such as site preparation, excavation, installation of equipment or materials and decoration, finishing and includes incidental services such as drilling, mapping, satellite photography, seismic investigations and similar activities, if the value of those services does not exceed that of the works themselves. MKKP (Cultivate Futures)
  • 4. PPRA Ordinance 2002 3. Establishment of Authority. CHAPTER No.2: ESTABLISHMENT OF AUTHORITY 1. There is hereby established an Authority to be called the Public Procurement Regulatory Authority for carrying out the purposes of this Ordinance. 2. The Authority shall be a body corporate, having perpetual succession and a common seal, with powers subject to the provisions of this Ordinance, to acquire and hold property, both moveable and immovable, and, sue and be sued by the name assigned to it by sub-section (1). 3.The headquarters of the authority shall be at Islamabad and it may establish its offices at such other place or places in Pakistan as it may consider appropriate. 4. Power of the Federal Government to issue directives 5. Functions and powers of the Authority.- (1) the authority may take such measures and exercise powers for improving governance, management, transparency, accountability and quality of public procurement (2) (a) monitor application of the laws, rules, regulations, policies and procedures; (b) monitor the implementation of and evaluate (c)recommend to the Federal Government (d) make regulations and lay down codes of ethics and procedures (e) monitor public procurement practices and make recommendations (f)monitor overall performance of procuring agencies and make recommendations (g) provide and coordinate assistance (h) submit reports to the Government (i)call any functionary to provide assistance in its functions and call for any information (j) perform any other function assigned to it by the Federal Government. MKKP (Cultivate Futures)
  • 5. Chairperson Secretary, Finance Division Govt. Members Secretary, Ministr of Industries and Production Secretary, Defence Production Division Secretary Ministry of Water and Power Secretary, Ministry of Housing and works Secretary, Ministry of Communications Private Members Three Members from Private Sector Managing Director (Secretary to the Board) MKKP (Cultivate Futures) PPRA Ordinance 2002 Chapter-III:- MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY 6. Board (1) General directions and administration of the Authority and its affairs shall vest in a Board which may exercise all powers, perform all functions and do all acts and things which may be exercised, performed or done by the Authority. (2) The Board shall consist of the following Members, namely:-
  • 6. MKKP (Cultivate Futures) PPRA Ordinance 2002 Chapter-III:- MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY 7. Meeting of the Board presided over by the Chairperson Five members shall constitute a quorum The decision of the Board shall be taken by the majority of its members present and, in case of a tie, the member presiding a meeting shall have a casting vote. All orders, determination and decision of the Board shall be taken in writing and shall be signed by the Managing Director. 8. Managing Director 1. whole-time Managing Director by Federal Government. 2. appointed for three years7. power and responsibility to– a. exercise administrative control over the personnel of the Authority; b. exercise, in respect of the Authority; c. submit the Annual Budget Proposals of the Authority to the Board; d. prepare the Annual Report Of The Authority for the Board and the Federal Government; e. exercise such powers as the Board may delegate to him; and f. act on behalf of the Authority
  • 7. 1. There is hereby established a Fund to be known as the Public Procurement Regulatory Authority Fund which shall vest in the Authority and shall be utilized by the Authority to meet the charges in connection with its functions under this Ordinance. 2. To the credit of the Public Procurement Authority, a fund shall be placed comprising- a. such sums as the Federal Government may, from time to time, allocate to it in the annual budget; b. grants; c. income from investment by the Authority; and d. all other sums or properties which may in any manner become payable to, or vest in, the Authority in respect of any matter. 3. The Authority, while performing its functions and exercising its powers under the Ordinance, shall exercise highest sense of prudence as far as expenditures are concerned. MKKP (Cultivate Futures) PPRA Ordinance 2002 CHAPTER IV.-FINANCIAL PROVISIONS 9. FUND 10. Expenditure to be charged on the Fund 11. Power to obtain finances and receive grants 12. Investment 13. Budget and Accounts 14. Maintenance of Accounts 15. Audit
  • 8. 1. The Authority may call for any information required by it for carrying out the purposes of this Ordinance, from any person or any institution in public procurement activities and any such person or institution shall provide the required information called by the Authority. 2. The Authority shall furnish to the Federal Government such information with respect to the policies and procedures it is pursuing or proposes to pursue in the performance of any of its functions under this Ordinance as the Federal Government may, from time to time, require. MKKP (Cultivate Futures) PPRA Ordinance 2002 CHAPTER V.-REGULATORY AND OTHER PROVISIONS. 16. Information 17. Annual report Within one hundred and twenty days from the end of each financial year, the Authority shall cause a report to be prepared on its activities including inquiries and investigations made by the Authority under this Ordinance during that financial year and release to the public after it has been seen by the Cabinet.
  • 9. 1. The Authority may, from time to time and within its resources, appoint such officers, servants, advisers, consultants and experts as it may consider necessary for performance of its functions. 2. The Authority shall by regulations prescribe the procedure for appointment of its officers, servants, advisers, consultants and experts and the terms and conditions of their service. MKKP (Cultivate Futures) PPRA Ordinance 2002 CHAPTER VI.-MISCELLANEOUS 18. Appointment of officers and staff, etc. 19. Members, officers, etc. to be public servants The Chairperson, members, Director-General, officers, servants, advisers, consultants and experts of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance or the rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860). 20. Delegation The Authority may, by such conditions and limitations as it may deem fit to impose,delegate any of its functions or powers to the Managing Director, or one or more members or any of its officers except the power to- (a) approve audited accounts; (b) recommend exemption under section 21; and (c) make or repeal regulation made under this Ordinance. 20A. Mechanism For Grievance Redressal The procuring agency shall, by rules and regulations made under this Ordinance, have a mechanism for grievance redressal of bidder during procurement. 21. Power to exempt The Authority may, for reasons to be recorded in writing, recommend to the Federal Government that the procurement of an object or class of objects in the national interest be exempted from the operation of this Ordinance or any rule or regulation made thereunder or any other law regulating public procurement and the Federal Government on such recommendations shall exempt the aforesaid objects or class of objects from the operation of the laws and rules and regulations made thereunder. 21A. Ordinance not to apply to certain bodies corporate etc.- (1) Notwithstanding anything contained in this Ordinance the provisions thereof shall not apply to a body corporate, company, institution undertaking or establishment specified in the Schedule to this Ordinance, which has been privatized pursuant to the Privatization Commission Ordinance,2000 (LII of 2000). (2) The Federal Government may, by notification in the official Gazette, amend the Schedule so as to add any entry thereto, modify or omit any entry therein. 22. Validity of proceedings No act or proceedings of the Authority or the Board, shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution of, the Authority or the Board. 23. Indemnity No suit, prosecution, or other legal proceedings shall lie against the Authority, the Board, the Chairperson or any member, officer, servants, advisers or consultants of the Authority in respect of anything in good faith done or intended to be done under this Ordinance or the rules and regulations made thereunder. 24. Common seal 1. The Authority shall have a common seal and such seal shall be kept by the Managing Director or such other person as the Chairperson may authorize. 2. The seal shall be authenticated in the same manner as may be prescribed by regulation and any document purported to be sealed with the seal so authenticated shall be receivable as evidence of the particular stated in the document. 25. Winding up No provision of law relating to winding up of bodies corporate shall apply to the Authority and the Authority shall not be wound up except by the orders of the Federal Government in the same manner as the Federal Government may direct. 26. Power of the Federal Government to make rules The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. 27. Power of the Authority to make regulations The Authority may make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, for carrying out the purposes of this Ordinance.
  • 10. Thanks for watching Next Video “Public Procurement Rules, 2004” MKKP (Cultivate Futures)