Section 138
Consultant To Avoid Conflict Of Interest
(1) The consultant shall provide professional, objective and impartial consultancy service in a manner to serve the best interests of the public entity taking consultancy service.
(2) The consultant shall, while providing the consultancy service, not so serve as to conflict interest with his or her other present or future work.
(3) If the nature of the work relating to consultancy service is of the type of conflicting interest with his or her past or present obligation towards any other client or of preventing him or her from completing the work as to serve the best interests of the concerned public entity, he or she may not be appointed as a consultant.
Example: A consultant who is appointed for the preparation of engineering design of a project cannot be appointed as a consultant for environmental assessment of the same project or a consultant relating to privatization of any government owned body cannot be appointed as a consultant of the person purchasing such property nor permission can be granted to him or her or his or her near relative or the partner of his or her organization to procure such property.
Provided that this provision shall not apply to a turn key contract or design and construction contract.
(4) No firm supplying goods or executing construction works for any project and other body or person associated with it may provide consultancy service for the same project, and no consultancy firm appointed for the preparation or implementation of a project and any other body or person association with it may supply goods for such a project.