Read full Act

S.1 Short title, extent and commencement

(1) This Act may be called the Assam Preferential Stores Purchase Act, 1989.

(2) It shall come into force at once.

(3) It extends to the whole of the State of Assam.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject of context—

(a) “Governor” means the Governor of Assam ;

(b) “State” means the State of Assam ;

(c) “State Government” means the Government of Assam ;

(d) “State Board” means the Assam State Stores Purchase Board constituted under S. 3 of this Act ;

(e) “Departmental Purchase Committee” means a committee constituted under S. 8 of the Act ;

(f) “Small scale industry” means an industrial unit in which the capital investment for plant and machinery does not exceed thirty five lakh rupees or any other amount as may be decided by the Central Government from time to time and located in the State of Assam ;

(g) “Ancillary industries” means an undertaking having invest#31;ment in fixed assets in plant and machinery not exceeding forty five lakh rupees or

S.3 Constitution of the State Board

(1) The State Government, by notification in the official Gazette, shall constitute a Board to be known as “The Assam State Store Purchase Board” on such terms as may be specified in the notification with the members specified in the Schedule I.

(2) The State Government may, by notification in the official Gazette reconstitute the Board from time to time by changing the members of the Board.

S.4 Term of the Board

(1) The term of the Board shall be for a period of three years unless reconstituted earlier.

(2) The Board shall meet at least once in three months.

(3) The minimum of five members with the Chairman or Vice-Chairman and the Member-Secretary shall form a quorum.

S.5 Powers and functions

(1) The Board shall supervise and review the proper implementation of the Act and rules framed thereunder.

(2) Without prejudice to the generality of the foregoing provisions, the Board may,—

(a) constitute suitable technical committee consisting of the Director, representative of major purchasing authorities, representative of the concerned industries, Cost Accountant, Quality Control Officer of the Directorate of Industries for laying down quality specification or reasonable prices for different items of stores, subject to the general or special directions of the Board :

Provided that Technical Committee for items of Stores in Sche#31;dule III shall be constituted by ASIDC as per Government guidelines laid down in G. M. issued vide Notification No. PE-61/88/1, dated 28th March, 1988 as in Schedule IV ;

(b) decide whether in respect of any items of stores or any regis#31;ter

S.6 Eligibility

A unit fulfilling the following criteria shall be regis#31;tered under this Act and shall be eligible for incentives under this Act.

(1) A unit under small scale sector shall have 100% employment of local people.

(2) A unit in the medium and large sector shall have employment of 80% local people in the managerial cadre and 90% of local people in the non-managerial cadre and that over a period of 5 years from the com#31;mencement of production of such medium and large unit should take all effective steps to ensure 100% employment of local people in non-managerial and 90% in managerial posts.

(3) The location of administrative, registered controlling officers shall be within the State of Assam.

(4) The unit should be in regular production having requisite machinery.

S.7 Preferences

(1) (a) Small industries. Khadi and cottage industries registered under this Act shall be exempted from payment of earnest money and security deposit for items in respect of which the units are registered. However, medium and large units have to pay earnest money and security deposit as may be prescribed.

(b) Items of stores mentioned in “Schedule II”, known as “Reserv#31;ed Items”, shall be purchased by all requiring authorities from registered industries :

Provided that where the Director may, with the prior approval of the Chairman of the State Board certifies that the capacity for produc#31;tion with the State of any such item has exhausted, purchase from the open market as per usual procedure as long as this certificate remain in force.

(c) Items of stores mentioned in Schedule III shall be purchased by requiring authorities from ASIDC. ASIDC shall follow the guide#31;lines regarding fixation

S.8 Purchase Committee

For each department of the State Govern#31;ment there shall be a Purchase Committee with the following officials :

Chairman—

1. Head of Department.

Members—

2. Director of Industries or his representative not below the rank of Deputy Director.

3. A representative of the Department not below the rank of Under-Secretary.

4. Financial Adviser of the Department.

Member-convener—

5. Finance and Accounts Officer of the concerned Directorate :

Provided that in cases of Printing and Stationery Department, Secretariat Administrative Department of the Assam Secretariat, the Deputy Secretary or Joint Secretary of the department shall be the Member-Secretary and the Departmental Purchase Committee shall be headed by the Special Commissioner or Commissioner or the Secret

S.9 .

For each Government corporation, Government undertaking, Assam Electricity Board, there shall be a Purchase Committee which shall include two representatives from the State Government, one of which shall be the Director of Industries or his representative not below the rank of Deputy Director and the other representing the Finance Department.