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THE CENTRAL BOARD ACT 2000
THE CENTRAL TENDER BOARD ACT 2000
Act 32/2000

ARRANGEMENT OF SECTIONS

Section 1.
Short title
2.
Interpretation
3.
Application of Act
4.
Establishment of the Board
5.
Reference to Board from public bodies
6.
Call for tenders
7.
Award of major contract
8.
Functions of the Board
9.
Powers of the Board
10.
Secretary of the Board
11.
Meetings of the Board
12.
Staff of the Board
13.
Immunities of the Board
14.
Undue influence
15.
Funds of the Board
16.
Oath
17.
Disclosure of interest
18.
Declaration of assets
19.
Auditor’s certificate
20.
Offences
21.
Regulations
22.
Repeal
23.
Transitional provisions

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE An Act
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THE CENTRAL BOARD ACT 2000
To provide for the establishment of a central Tender Board to be respons
ible for the approval of the award of major contracts in public bodies

ENACTED by the Parliament of Mauritius, as follows –

1. Short title
This Act may be cited as the Central Tender Board Act 2000.

2. Interpretation
In this Act –
“Board” means the Central Tender Board established under section 4
;
“Chairman” means the Chairman of the Board;
“local authority” has the same meaning as in the Local Government
Act 1989 and shall
include the Rodrigues Regional Assembly;
“member” means a member of the Board and includes the Chairman and
the Vice-
Chairman;
“major contract” means a contract for the procurement of goods, se
rvices or execution of
works – (a)
to which a public body is or proposes to be a party;
(b)
the fair and reasonable value of which exceeds the prescribed amount;

“officer” means –
(a)
an officer of the Board appointed under section 12; and
(b)
includes the Secretary of the Board;
“prescribed amount” means the amount specified in the third column
of the First Schedule
corresponding to the public body or bodies specified in the first column
in relation to the
type of contract specified in the second column of that Schedule;
“public body” means a Ministry or a Government Department, a local
authority of such
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THE CENTRAL BOARD ACT 2000
other body specified in the first column of Part III, Part IV and Part V
of the First Schedule;

“Vice Chairman” means the Vice-Chairman of the Board.

Amended by [
Act No. 39 of 2001]; [ Act No. 33 of 2004]

3. Application of Act
(1)
This Act shall bind the State in so far as the State is not exempt from
the
application of the provisions of the Act by virtue of the operation of s
ubsection (2).
(2)
This Act shall not apply to any public body in respect of –
(a) the award ; or
(b) any matter relating to the award,

of a major contract by that body to the Development Works Corporation.
4. Establishment of the Board

(1)
There is established for the purposes of this Act a Central Tender Board
.
(2)
The Board shall consist of –
(a)
a Chairman;
(b)
a Vice-Chairman; and
(c)
5 other members,
having wide experience in legal, administrative, economic, financial, en
gineering,
scientific or technical matters.
(3) The members of the Board shall be appointed by the Presiden
t of the
Republic, acting in accordance with the advice of the Prime Minister ten
dered after
the Prime Minister has consulted the Leader of the Opposition, and on su
ch terms
and conditions as may be determined by the Prime Minister.
(4) Every member shall hold office for a period not exceeding 3
years and shall
be eligible for re-appointment.
(5) The President may, on the advice of the Prime Minister, at
any time
terminate the appointment of a member who has been guilty of –
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THE CENTRAL BOARD ACT 2000
(a)
any misconduct, default or breach of trust in the discharge of his dutie
s;
(b)
an offence of such nature as renders it desirable that his appointment
should be terminated.
(6) (a) Subject to paragraph (b), the Board may co-opt such othe
r persons
capable of assisting it with expert advice.
(b) Any person co-opted under paragraph (a) shall have no right to v
ote.

5. Reference to Board from public bodies

The supervising officer or chief executive officer of any public body sh
all inform the Board
in writing of any major contract which the public
3.0 body intends to execute and submit all the relevant documents to the
Board.

6. Call for tenders

The Board shall, within a reasonable delay after having been informed by
the supervising
officer or chief executive officer under section 5, call for tenders in
respect of such major
contract.

6A Award of public-private partnership project

Notwithstanding the provisions of this Act, the Board –
(a)
shall approve all documents relating to the bid;

(b)
shall authorise, approve and carry out pre-selection exercise;

(c)
shall authorise the advertisement, invitation locally or internationally
,
as the case may be, and call for bids;

(d)
shall examine and evaluate bids; and

(e)
may approve the award,

of a public-private partnership project in the manner provided for under
the Public-Private
Partnership Act.
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THE CENTRAL BOARD ACT 2000

Added by [
Act No. 37 of 2004]

7. Award of major contract

(1) Notwithstanding any other enactment, no public shall –
(a)
advertise, invite, solicit or call for tenders in respect of a major con
tract
unless authorised by the Board;
(b)
award a major contract unless the award has been approved by the
Board.
(2) No person shall sign a major contract with any public body
unless the award
has been approved by the Board.

(3) Where –
(a) any variation in a contract price subsequent to the conclusion of
the
contract entered into by a public body causes the total contract amount
to
exceed the prescribed amount by more than 20 per cent;
(b) any tender submitted in response to a call for tenders made by a p
ublic
body exceeds the prescribed amount,
the matter together with all the tender documents and the contract docum
ents, if
any, shall be referred to the Board for approval.
(4) Where it comes to the knowledge of the Board that a contrac
t has been
awarded or is about to be awarded in breach of this Act or regulations m
ade
thereunder, the Board shall forthwith report the matter to the Prime Min
ister,
recommending such action as it may deem appropriate.

8. Functions of the Board

(1)
Notwithstanding any other enactment the Board shall, in respect of major

contracts –
(a)
establish appropriate tender procedures and ensure compliance
therewith;
(b)
vet tender documents and notices;

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THE CENTRAL BOARD ACT 2000
(c) invite tenders locally or internationally, as the case may be;
(d)
receive and open tenders;
(e)
examine and evaluate tenders; and
(f)
approve the award of such contracts.
(2)
In the execution of its duties, the Board shall strive to achieve the hi
ghest
standards of equity, taking into account –
(a)
equality of opportunity to all prospective tenderers;
(b)
fairness of treatment to all parties; and
(c)
the need to obtain the best value for money in terms of price, quality
and delivery, having regard to set specifications.

9. Powers of the Board

(1) In the discharge of its functions under this Act, the Board
may –

(a)
call for such information and documents as it may require from any
public body;
(b)
commission any studies relevant to the determination of the award of a
major contract;
(c)
request any professional or technical assistance from any appropriate
body or person in Mauritius or elsewhere; and
(d)
do all such acts and things as it may consider incidental or conducive
to the attainment of its objects.

(2) The Board may –
(a)
require the Chairman, supervising officer or chief executive officer of
a
public body –
(i)
to furnish any information of produce any records or other
documents relating to a major contract;
(ii)
to answer all relevant questions;

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THE CENTRAL BOARD ACT 2000
(b) examine such records or other documents and take copies or extract
s
therefrom.
(3) Any person to whom a request is made under subsection (2)
who –
(a)
fails to comply with the request; or
(b)
refuses to answer or wilfully gives any false or misleading answer to
any question lawfully put by the Board,

shall commit an offence.
10. Secretary of the Board

(1) There shall be a Secretary to the Board who shall be a publ
ic officer.

(2) The Secretary shall be entitled to attend the meetings of t
he Board and
participate in its deliberations but shall have no right to vote.

11. Meetings of the Board

(1) The Board shall meet as often as is necessary and at such t
ime and place as
the Chairman deems fit.
(2) Everything authorised or required to be done by the Board s
hall be decided
by simple majority of the members present and voting.
(3)
In the absence of the Chairman at any meeting, the Vice-Chairman shall p
reside
over the meeting.
(4)
At any meeting of the Board –
(a) the Chairman or Vice-Chairman and 2 other members shall constitute
a
quorum;
(b) each member shall have one vote on the matter in question and, in
the
event of an equality of votes, the Chairman of the meeting shall have a
casting
vote.
(5)
Subject to this section, the Board shall regulate its meetings and proce
edings in
such manner as it deems fit.

12. Staff of the Board

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THE CENTRAL BOARD ACT 2000
(1) The Board shall, in the conduct of its business under this
Act, be assisted by
such public officers as may be required or by such persons as may be app
ointed by
the Board in a temporary capacity under a contract on non-pensionable te
rms.
(2) The staff shall be under the administrative control of the
Chairman.

13. Immunities of the Board

No action shall lie against the Board or any member, or officer of the B
oard for any act or
omission except in so far as the act or omission complained of was done
in bad faith.
14. Undue influence

Any person who directly or indirectly, in any manner influences, or atte
mpts to influence
any member or officer of the Board or any decision of the Board, shall c
ommit an offence.
15. Funds of the Board

The Board shall drive its funds from –
(a) the Consolidated Fund; and
(b) any fees and charges levied by the Board.

16. Oath

The members and the officers of the Board shall, on assumption of duty,
take the oath
specified in the form set out in the Second Schedule.
17. Disclosure of interest

A member or the Secretary of the Board having any direct or indirect int
erest in any matter
brought before the Board –
(a) shall immediately inform the Board; and
(b) shall not participate in the deliberations or any part of t
he decision-making
process in relation to that matter.

18. Declaration of assets

(1) Subject to subsection (2), every member or officer shall
file with the Prime
Minister, a declaration of his assets and liabilities in the form specif
ied in the Third
Schedule –
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THE CENTRAL BOARD ACT 2000
(a) not later than 30 days of his appointment; and
(b) on the termination of his appointment.
(2) Where, subsequent to a declaration made under subsection (
1) the state of
assets and liabilities is so altered as to be reduced or increased in va
lue by a
minimum of 10,000 rupees, the member or officer shall make a fresh decla
ration.
(3)
No declaration of assets filed under subsection (1) or subsection (2)
shall be
disclosed to any person except with the express consent of the member fo
r officer
concerned or by order of a Judge on reasonable cause shown.

19. Auditor’s certificate
The auditor of every public body shall, in his annual report, state in h
is report whether
sections 5 and 7 of this Act have been complied with.
20. Offences

(1) Any person who contravenes this Act or any regulations made
thereunder
shall commit an offence and shall on conviction be liable to a fine not
exceeding Rs
50,000 and to imprisonment for a term not exceeding 8 years.
(2) Notwithstanding –
(a) section 114(2) of the Courts Act; and
(b) section 72(5) of the District and Intermediate Courts (Criminal
Jurisdiction)
Act,

a Magistrate shall have jurisdiction to try an offence under this Act or
any regulations
made thereunder and may impose any penalty provided by this Act.
21. Regulations

(1) The Prime Minister may –
(a) make such regulations as he thinks fit for the purpose of this Act
;

(b) by regulations, amend the Schedules.

(2) Any regulations made under subsection (1) may provide
–
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THE CENTRAL BOARD ACT 2000

(a)
for different days to be prescribed for the Act to be applicable in
respect of different public bodies specified in the first column of the
First
Schedule; and
(b)
for the levying of fees and charges.

22. Repeal

The following enactments are repealed –
(a)
The public Procurement, Transparency and Equity Act 1999;
(b)
The Public Procurement, Transparency and Equity (Domestic Preference)
Regulations 2000;
(c)
The Public Procurement, Transparency and Equity (Registration of Suppli
ers)
Regulations 2000.

23. Transitional provisions

(1) Any matter to any contract which was being dealt, immediate
ly before the
coming into force of this Act, under the central Tender Board Act 1994 o
r under the
Public Procurement, Transparency and Equity Act 1999, shall be dealt wit
h in
accordance with this Act.

(2) For the purposes of this Act, any tender invited under the
Central Tender
Board Act 1994 or under the Public Procurement, Transparency and Equity
Act 1999
shall be deemed to have been invited as required under this Act and any
regulations
made thereunder.
(3) Tenders and contracts that were approved under the Central
Tender Board
Act 1994 or under the Public Procurement, Transparency and Equity Act 19
99 shall
be deemed to have been approved under this Act and no re-tendering shall
be
undertaken.

(4) Subject to this section, this Act shall apply to legal situ
ations which exist
when it comes into force.
(5) Any right or obligation arising under the Public Procuremen
t, Transparency
and Equity Act 1999 and still subsisting at the commencement of this Act
shall, at
the commencement of this Act, continue to be a right or obligation in fa
vour of, or
against the Government.

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THE CENTRAL BOARD ACT 2000

—————

FIRST SCHEDULE (section 2)

Column 1 Column 2
Column 3
Public body Type of Contract P
rescribed Amount
Part I
Ministries/Government All Contracts 1 m
illion rupees
Departments

Part II
Local Authorities All Contracts
1 million rupees

Part III

Agricultural Marketing Civil Engineering 1
0 million rupees
Works and capital
Goods

Amended by [ GN No. 63 of 2001]; [ Act No. 32 of 2003]

Development Works Corporation
Export Processing Zone
Development Authority
Farmer’s Service Corporation
Financial Services commission
Industrial & vocational Training Board
Irrigation Authority
Mahatma Gandhi Institute
Mauritius College of the Air
Mauritius educational Development Company Ltd
Mauritius Film Development Corporation
Mauritius Examinations Syndicate
Mauritius Institute of Health
Mauritius Institute of Public Administration and management
Mauritius Meat Authority
Mauritius Oceanography Institute
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THE CENTRAL BOARD ACT 2000
Mauritius Standards Bureau
Mauritius Tea Factories Company Ltd
Mauritius Telecom Limited
National Computer Board
National Handicraft Centre
Outer Islands Development Corporation
Private Secondary schools Authority
Public Officers Welfare Council
Rodrigues Educational Development Company Ltd
Road Development Authority
Sir Seewoosagur Ramgoolam Botanic Garden Trust
Small and Medium Industries Development Organisation
Sugar Industry Labour Welfare Fund
Sugar Planter’s Mechanical Pool Corporation
Tea Board
Tertiary Education Commission
University of Mauritius

Amended by [Act 13 of 2001]; [
GN No. 22 of 2001]

PART IV
Civil Engineering 25 million
works and capital rupees
Goods

Airport Development Corporation Ltd
Beach Authority
Cargo Handling Corporation Ltd
Central Electricity Board
Central Water Authority
Development Bank of Mauritius Ltd
Information and Communication Technologies Authority
Mauritius Broadcasting Corporation
Mauritius Export & Investment Authority
Mauritius Freeport Authority
Mauritius Housing Company Ltd
Mauritius marine Authority
Mauritius Shipping Corporation Ltd
Mauritius Sugar Authority
National Housing Development Company Ltd
National Transport Corporation
SITRAC Ltd
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THE CENTRAL BOARD ACT 2000
State Informatics Ltd
State Investment Corporation Limited
State Property Development Company Ltd
State Trading Corporation
Wastewater Management Authority

Amended by [
Act No. 39 of 2000]; [ Act No. 13 of 2001]; [ Act No. 22 of 2001]; [ Act No. 44 of
2001];[ GN No. 22 of 2001]; [ Act No. 7 of 2002] Part V
Mauritius Revenue Authority All Contracts 50 million rupees

Amended by [
Act No. 33 of 2004] —————————
SECOND SCHEDULE (section 16)
I, ………………………………………
……being appointed Chairman/Vice Chairman/
Member/officer of the Central Tender Board, do hereby swear/solemnly aff
irm that I will, to the
best of my judgment, act for the furtherance of the objects of the Board
and shall not, on any
account and at any time, disclose, otherwise than with the authorisation
of the Board or where it
is strictly necessary for the performance of my duties, any confidential
information obtained by
me in virtue of my official capacity.

Taken before me, ……………………………
.

………………………………………………
…………………………………. Master and Registrar of the Supreme Court

THIRD SCHEDULE
(section 18)

I, ………………………………………
……of …………………………………………
………
make oath/solemn affirmation as a
………………………………………………
………………………………….and declare that –

*1 I am unmarried/married under the system of
………………………………………………
………………………..(matrimonial regime).
*2 My assets (extent, nature of interests therein, liabilities
regarding these assets) are
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THE CENTRAL BOARD ACT 2000
as follows –
(a)
landed property ……………………………………
……………
(b)
residential, commercial or industrial building …………………
…
(c)
motor vehicles ………………………………………
……………
(d)
Boats……………………………………………
…………………………..
(e)
Shares ……………………………………………
…………
(f)
Interest in partnership or société ……………………
…………
*3 The assets of my spouse/minor children (extent, nature of in
terests therein,
liabilities regarding these assets) are as follows
(a)
landed property ……………………………………
………..
(b)
residential, commercial or industrial building …………………
……
(c)
motor vehicles ………………………………………
……….
(d)
boats ………………………………
(e)
shares …………………………
(f)
interest in partnership or société

………………………………………………
………..Signature

Sworn/solemnly affirmed by the abovenamed before me at this
………………………………………………
……………………………day
…………………………………..

Master and Registrar
Supreme Court
·
Delete as necessary
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Related documents:
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