Rule 6 of Chhattisgarh Store Purchase Rules 2002

Rule 6 of छत्तीसगढ़ शासन भण्डार क्रय नियम , 2002

Purchase from Foreign Countries (Foreign Procurement)

Original Text

नियम -6 निदेशों से क्र याः –
ऐसी िस्तुएाँ जो देश में ननर्तमत नहीं होती हैं ाऄथिा ाईन्नत तकनीक की हैं , ाईन्हें निदेशों से क्र य /ाअयात दकया जा सकेगा। यह क्र य /ाअयात भारत शासन द्व ारा ाऄनधकृत सांस्थाओं के माध्यम से दकया जा सकेगा। यदद ाअिश्यक हु ाअ तो निशेष पररनस्थनतयों में शासन की ाऄनुमनत से “ग्लोबल र्ेण् डर ” बुलाकर क्र य दकया जा सकेगा।

Visual Summary

Eligibility
Items not made in India or requiring advanced technology.

Primary Channel
Purchase via Government of India authorized agencies.

Global Tender
Permitted only in special cases with State Govt approval.

Summary

Rule 6 outlines the specific conditions under which the State Government can procure goods from foreign countries. It restricts foreign procurement to items that are either not manufactured domestically or involve advanced technology. The rule establishes a hierarchy of procurement methods, prioritizing agencies authorized by the Government of India, while allowing Global Tenders only under special circumstances with explicit State Government permission.

Key Takeaways


  • Condition Precedent: Foreign purchase is only allowed if the item is not made in India or requires high-end technology.

  • Preferred Route: Procurement should primarily be done through agencies authorized by the Government of India.

  • Global Tenders: Floating a Global Tender is an exception, not the rule, and requires specific approval from the State Government.

Key Analysis


  • Protection of Domestic Industry: The rule implicitly supports the “Make in India” initiative by making foreign procurement conditional on the non-availability of domestic manufacturing.

  • Technological Advancement: It recognizes that government efficiency requires modern tools, thus allowing imports for “advanced technology” even if a basic version exists domestically.

  • Centralized Control: By mandating the use of GoI authorized agencies, the rule reduces the risk of fraud and ensures compliance with international trade laws.

Key Ingredients


  • Item must NOT be manufactured in India OR must be of advanced technology.

  • Procurement must be routed through Government of India authorized agencies.

  • State Government permission is mandatory for floating a Global Tender.

Practical Illustrations

Example 1: Medical Equipment
A Government Medical College in Raipur needs a specialized robotic surgery system that is not manufactured by any Indian company. Under Rule 6, the college can import this system, but they must first attempt to procure it through a central agency like HLL Lifecare (if authorized).
Example 2: Global Tender
The State Electricity Board requires high-efficiency turbines for a new plant. While turbines are made in India, the specific “advanced technology” required for higher efficiency is only available abroad. If no central agency facilitates this, the Board must seek written permission from the State Government to float a “Global Tender” to invite international bidders.

Process Flowchart

Rule 6: Foreign Procurement

Eligibility Criteria

Not Manufactured in the Country

— OR —

Advanced Technology

Procurement Mode

Standard Route Via GoI Authorized Agencies

Special Circumstances 1. State Govt Permission 2. Global Tender

Practice Questions

Q: Under Rule 6, which of the following conditions justifies the purchase of goods from foreign countries?

  • A. When the goods are cheaper abroad.
  • B. When the goods are not manufactured in the country or are of advanced technology.
  • C. When the supplier is a friend of the department head.
  • D. When the domestic delivery time is more than 30 days.
View Correct Answer
Correct Answer: B. When the goods are not manufactured in the country or are of advanced technology.

Reasoning: Rule 6 explicitly states that foreign purchase is allowed for items “not manufactured in the country” or those of “advanced technology”.

Q: Whose permission is required to float a “Global Tender” in special circumstances?

  • A. The Central Government.
  • B. The District Magistrate.
  • C. The State Government.
  • D. The Head of the Department.
View Correct Answer
Correct Answer: C. The State Government.

Reasoning: The rule states that in special circumstances, Global Tenders can be called “with the permission of the Government” (referring to the State Govt).

Q: What is the primary channel mentioned in Rule 6 for foreign procurement?

  • A. Direct purchase from foreign websites.
  • B. Through agencies authorized by the Government of India.
  • C. Through local agents.
  • D. Through the State Trading Corporation only.
View Correct Answer
Correct Answer: B. Through agencies authorized by the Government of India.

Reasoning: The rule specifies that such purchase/import can be done “through agencies authorized by the Government of India”.

Frequently Asked Questions

Can a department directly import goods from a foreign vendor?
Generally, no. The rule mandates using agencies authorized by the Government of India. Direct procurement via “Global Tender” is only allowed in special circumstances and requires specific permission from the State Government.
What qualifies as “Advanced Technology”?
While the rule doesn’t define the technical parameters, it implies technology that is superior to what is currently manufactured or available within India, necessitating an import to ensure quality or efficiency.
Is cost a factor for foreign procurement under Rule 6?
The primary criteria listed are availability (not manufactured in India) and technology. Merely being cheaper abroad is not explicitly stated as a valid reason for foreign procurement under this specific rule.

Conclusion

Rule 6 strikes a balance between supporting domestic industries and ensuring the state has access to necessary global technology. By creating a structured pathway for imports—primarily through central agencies and secondarily through state-approved global tenders—it ensures that foreign procurement is transparent, necessary, and regulated.