CONTRACTOR-GENERAL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

PART I
Preliminary

   2   Interpretation

PART II
The Contractor-General

   3   Contractor-General Commission

   4   Functions of the Contractor-General

   5   Independence of Contractor-General

   6   Tenure of office

   7   Removal from office

   8   Disqualifications for appointment, etc

   9   Restriction on employment

   10   Filling of vacancy

   11   Remuneration of Contractor-General

   12   Pensions and gratuities

   13   Appointment of officers, etc

   14   Oath of secrecy

PART III
Investigations by Contractor-General

   15   Scope of investigations

   16   Initiation of investigations

   17   Procedure in respect of investigation

   18   Evidence

   19   Restriction on disclosure of certain matters

   20   Procedure after investigation

   21   Disciplinary action against officers

   22   Proceedings of Contractor-General not to be void for want of form

   23   Privileges

PART IV
General

   24   Secrecy of information

   25   Performance of functions of Contractor-General by members of his staff

   26   Funding

   27   Accounts, etc

   28   Reports

   29   Offences

   30   Remedy under any other provision of law unaffected

      Provisions applicable when there is no Leader of the Opposition

   31   Regulations

      SCHEDULES

 

THE CONTRACTOR-GENERAL ACT

[Date of Commencement: 7th October, 1983]

Acts
15 of 1983,
17 of 1985,
1 of 1999.

1   Short title

   This Act may be cited as the Contractor-General Act.

PART I
Preliminary

2   Interpretation

   In this Act-

   "Commission" means the National Contracts Commission established under section 23B;

[1/1999 s 2.]

   "contractor" means any person, firm or entity with whom a public body enters into any agreement for the carrying out of any building or other works or for the supply of any goods or services and includes a person who carries out such works or supplies such goods or services for or on behalf of any public body pursuant to a licence, permit or other concession or authority issued or granted to that person by a public body;

   "functions" includes powers and duties;

   "government contract" includes any licence, permit or other concession or authority issued by a public body or agreement entered into by a public body for the carrying out of building or other works or for the supply of any goods or services;

   "prescribed licence" means any licence, certificate, quota, permit or warrant issued or granted pursuant to any enactment by a public body or an officer thereof;

   "public body" means

   (a)   a Ministry, department or agency of government;

   (b)   a statutory body or authority;

   (c)   any company registered under the Companies Act, being a company in which the Government or an agency of Government, whether by the holding of shares or by other financial input, is in a position to influence the policy of the company;

   "sector committee" means a committee established under section 23F;

[1/1999 s 2.]

   "Security Forces" means-

   (a)   the Jamaica Constabulary Force;

   (b)   the Jamaica Defence Force;

   (c)   the Island Special Constabulary Force; and

   (d)   the Rural Police.

PART II
The Contractor-General

3   Contractor-General Commission

   (1) For the purposes of this Act there is hereby constituted a Commission of Parliament to be known as the Contractor-General.

   (2) The Commission shall consist of such person or persons as shall be appointed by the Governor-General by instrument under the Broad Seal, after consultation with the Prime Minister and the Leader of the Opposition, and any person so appointed shall be known as a Contractor-General.

4   Functions of the Contractor-General

   (1) Subject to the provisions of this Act, it shall be the function of a Contractor-General, on behalf of Parliament-

   (a)   to monitor the award and the implementation of government contracts with a view to ensuring that-

         (i)   such contracts are awarded impartially and on merit;

         (ii)   the circumstances in which each contract is awarded or, as the case may be, terminated, do not involve impropriety or irregularity;

         (iii)   without prejudice to the functions of any public body in relation to any contract, the implementation of each such contract conforms to the terms thereof; and

   (b)   to monitor the grant, issue, suspension or revocation of any prescribed licence, with a view to ensuring that the circumstances of such grant, issue, suspension or revocation do not involve impropriety or irregularity and, where appropriate, to examine whether such licence is used in accordance with the terms and conditions thereof.

<IN:LF:0,RT:0.85,FI:0>   (2) For the purpose of the discharge of his functions under this Act a Contractor-General shall be entitled-

   (a)   to be advised of the award and, where applicable, the variation of any government contract by the public body responsible for such contract;

   (b)   subject to section 19, to have access to all books, records, documents, stores or other property belonging to government, whether in the possession of any officer of a public body or a contractor or any other person;

   (c)   to have access to any premises or location where work on a government contract has been, is being or is to be carried out;

   (d)   to have access to all books, records, documents or other property used in connection with the grant, issue, suspension or revocation of any prescribed licence whether in the possession of any public officer or any other person;

   (e)   to have access to any premises or location where he has reason to believe that any such books, records, documents or other property as are referred to in paragraph (d) or any property which is the subject of a prescribed licence, may be found;

   (f)   to enter any premises occupied by any person in order to make such enquiries or to inspect such document, record or property as he considers necessary to any matter being investigated by him; and

   (g)   without prejudice to the provisions of sections 18 and 19, to retain any such document, record or other property referred to in paragraph (f).

   (3) For the purposes of subsection (2) the Contractor-General shall have power to require any public body to furnish in such manner and at such times as may be specified by the Contractor-General, information with regard to the award of any contract and such other information in relation thereto as the Contractor-General considers desirable.

   (4) For the purposes of paragraphs (d) and (e) of subsection (2) the Contractor-General shall have power to require any public officer or any other person to furnish in such manner and at such times as may be specified by the Contractor-General, information with regard to the grant, issue, suspension or revocation of any prescribed licence and such other information in relation thereto as the Contractor-General considers desirable.

5   Independence of Contractor-General

   (1) In the exercise of the powers conferred upon him by this Act, a Contractor-General shall not be subject to the direction or control of any other person or authority.

   (2) Nothing in subsection (1) shall be construed as preventing the assignment to a Minister of responsibility for such aspects of the administration of this Act as are necessary or desirable to facilitate liaison between Parliament and a Contractor-General.

6   Tenure of office

   (1) Subject to the provisions of this Act, any person appointed Contractor-General shall hold office for a period of seven years and may be re-appointed for periods not exceeding five years at a time.

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