Sri Lanka Consolidated Acts

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Public Contracts (No. 3 of 1987) - Sect 45

Interpretation

45. In this Act, unless the context otherwise requires-Chief executive officer" means
(a) in the case of a government department the head of such department;
(b) in the case of a public corporation its Chairman; or
(c) in the case of a local authority the Mayor or Chairman as the case may be ;
"contract" means any contract, agreement, undertaking or an invitation to tender which is intended to be, or is or has been, entered into in pursuance of tenders called for by, 'Or on behalf of any public body; "duration of contract" with its grammatical variations and cognate expressions means the time from the commencement of the preparation of specifications upto the completion and discharge of all obligation" of all contracting parties in respect of any public contract; "local authority" means any Municipal Council or Urban Council, and includes any authority created and established by or under any law to exercise, perform and discharge power, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such Council; " peace Officers" includes police Officers and Grama Seva Niladharies appointed by a Government Agent in writing to perform police duties; " prescribed" means prescribed by this Act or regulations made thereunder; "public body" means any department, office or establishment of the Government, public corporation or local authority and includes any undertaking vested in the Government under any written Law; "public contract" means any contract for the performance of any work or services or for the supply or sale of any goods, materials or property to any public body which is intended to be, or is or has been, entered into in pursuance of 'tenders by or on behalf of that public body and includes any contract for the sale or disposal by that public body of any goods, materials or property in its possession, power or control; "public corporation" means any corporation, board or other body which was or is established by or under any written law other than the Companies Act, No. 17 of 1982, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise; " Registrar" includes an Assistant Registrar; " restrictive specification" means any specification framed in relation to a subject matter of a 'tender that has been wilfully framed so as to benefit a particular tenderer in the award of a public contract; " State officer" means a person who holds any paid office under the Republic of Sri Lanka other than a judicial officer and does not include
(a) the President;
(b) the Speaker;
(c) a member 'of the Judicial Services Commission;
(d) a member of the Public Service Commission;
"technical committee" means any person or body of persons entrusted with the responsibility of preparing specifications in connection with any public contract; " tenderer" means
(a) any consortium of persons any one or more of whom is not a citizen of Sri Lanka. or not ordinarily resident in Sri Lanka; or
(b) a company or firm incorporated or registered or has its principal place of business outside Sri Lanka;
(c) any individual ordinarily resident in Sri Lanka or if not so resident is or has been a citizen of Sri Lanka; or
(d) any company, firm or public body incorporated in or which has its principal place 'Of business in Sri Lanka; or
(e) any company or firm not incorporated in Sri Lanka or not having its principal place of business in Sri Lanka, in which any Director partner or any shareholder holds more than twenty-five per centum of its share is, or has been a citizen of Sri Lanka
" tender" includes any bid, offer, quotation or proposal.


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