West Bengal Public Works Contractors (Regulation and Control) Act, 2006

No: 9 Dated: Apr, 06 2006

THE WEST BENGAL PUBLIC WORKS CONTRACTORS (REGULATION AND CONTROL) ACT, 2006

West Bengal Act IX of 2006

    An Act to provide for regulation and control the activities of persons dealing with public works or jobs under the Government of West Bengal in the Public Works Department and for matters connected therewith or incidental thereto;

    Whereas it is expedient to regulate and control the activities of persons dealing with public works or jobs under the Government of West Bengal in the Public Works Department and for matters connected therewith or incidental thereto;

    It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows :—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the West Bengal Public Works Contractors (Regulation and Control) Act, 2006.

(2) It extends to the whole of West Bengal.

(3) It shall come into force at once.

2. Definitions.— In this Act, unless the context otherwise requires,—

(a) "Advisory Board" means the Advisory Board constituted under section 6;

(b) "appellate authority" means the appellate authority appointed under subsection (1) of section 9 ;

(c) "categories of contractors" means to categorize the contractors, on the basis of financial limits along with the nature of public works they are to execute, by notification in the Official Gazette ;

(d) "certificate of registration" means a certificate issued under section 4;

(e) "contractor" means any person who undertakes a contract for carrying out public works;

(f) "malpractice" includes dishonesty, cheating, impersonation, obstruction in carrying out public works or jobs as specified in the contract and failure to observe, while submitting tender or quotation, the instruction given in the tender or quotation documents including Schedule appended thereto;

(g) "notification" means a notification published in the Official Gazette;

(h) "person" shall include any company or body corporate or association or body of individuals, whether incorporated or not who intends to undertake a contract to carry out public works or jobs under Public Works Department;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "prescribed authority" means the Officer on Special Duty and ex officio Deputy Secretary to the Government of West Bengal in Public Works Department;

(k) "public works" means the public works of construction, maintenance, development, repairing and management of roads, buildings, bridges,highways, national highways, and includes the public works related to electrical, sanitary, plumbing within the State of West Bengal;

(I) "State Government" means the Government of the State of West Bengal in the Public Works Department;

CHAPTER II

Registration

3. Registration.— (1) Every person, intending to become an enlisted contractor shall on invitation by the State Government by means of advertisement, have to apply, for the purpose of registration for enlistment under Public Works Department, to the prescribed authority in such form, in such manner and with such fee, as may be prescribed

Provided that different fees may be prescribed for different categories of enlisted contractors as well as different classes of enlisted contractors.

(2) Any person, who has already applied, before the date of coming into force of this Act, for the purpose of registration for enlistment under Public Works Department, shall also apply for registration in such manner, and with such fee, as may be prescribed.

(3) Notwithstanding anything contained in sub-section (1) or in sub-section (2), any person, already carrying out public works before the date of coming into force of this Act, shall, if not exempted by the State Government by any general or special order, apply for registration in such form, and in such manner, and with such fee, as may be prescribed.

(4) Every application for registration, made under this section, shall be disposed of within a period of six months from the date of receipt of such application.