40. Compliance monitoring by controlling officer

(1)

A controlling officer shall be responsible—

(a)

to supervise the procurement officers under his supervision and ensure their compliance with this Act and any instructions, circulars or guidelines issued under this

Act;

(b)

to implement and administer a complaints procedure as prescribed and review any complaint against the procuring entity under his purview; and

(c)

to carry out such activities and do such things as are necessary or advantageous and proper for the administration of this Act, or such other purposes consistent with this

Act as may be directed by the Secretary General to the

Treasury or State financial authority, as the case may be.

(2)

A controlling officer may specify the extent to which the responsibilities imposed upon him under this section may be exercised or performed on his behalf by any public officer under his purview and give such directions as may be necessary to secure the proper exercise or performance of such responsibilities.

(3)

Notwithstanding subsection (2), the controlling officer shall be accountable for his responsibilities under subsection (1).

Terms defined in s 5

circulars
Defined · s 5
“circulars” means any circulars issued under section 91;
Open s 5
controlling officer
Defined · s 5
“controlling officer” means— (a) a person appointed under subsection 15a(1) of the Financial Procedure Act 1957; or (b) a person appointed under subsection 9(1), to exercise the duties and powers of a controlling officer under this Act;
Open s 5
instructions
Defined · s 5
“instructions” means any instructions issued under section 91 or 92, as the case may be;
Open s 5
prescribed
Defined · s 5
“prescribed” means prescribed by the Minister in regulations made under this Act;
Open s 5
procuring entity
Defined · s 5
“procuring entity” means the Federal Government or any State Government, and includes— (a) any Ministry or Federal statutory body, the local authorities of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya or any Federal Government entity; (b) any ministry or department or statutory body of a State, any local authority in a State or any State Government entity; (c) any implementing agency; and (d) any other entity, that administers, conducts or implements a Government procurement under this Act;
Open s 5
specify
Defined · s 5
“specify”, where no mode is mentioned, means specify from time to time in writing, and a power to specify includes the power to specify differently for— (a) different persons or activities; or (b) different classes, categories or descriptions of persons or activities;
Open s 5
this Act
Defined · s 5
“this Act” includes any subsidiary legislation made under this Act;
Open s 5
Treasury
Defined · s 5
“Treasury” means the Minister for the time being charged with the responsibility for finance and includes any public officer under the administrative control or direction of that Minister to whom that Minister has delegated or who, in accordance with section 6 or 7 of the Delegation of Powers Act 1956, is authorized to exercise the functions under this Act;
Open s 5

Report

Read on from s 41

Part VIII

Read on from Part VIII

Part IX

Complaints, Objections and Review

Read on from Part IX

Part X

Government Procurement Appeal Tribunal

Read on from Part X

Part XI

Administrative Action and Prosecution

Read on from Part XI

Part XII

General

Read on from Part XII