All-India Institutes of Medical Sciences Act, 1956

This Act provides for establishment of All-India Institutes of Medical Sciences (AIIMS) at various places.

All-India Institute of Medical Sciences Act, 1956

Act No. 25 of 1956

[2nd June, 1956]

An Act to provide for the establishment of [i][All-India Institutes of Medical Sciences].

Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:—

1. Short title and commencement.

1. Short title and commencement.— (1) This Act may be called the [ii][All-India Institutes of Medical Sciences] Act, 1956.

(2) It shall come into force on such date[iii] as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

2. Definitions.— In this Act, unless the context otherwise, requires —

[iv][(a) “corresponding Institute” means the Institutes referred to in column (3) of the Table given under section 27A;

(aa) “existing Institute” means the All-India Institute of Medical Sciences,—

(i) established under sub-section (1) of section 3, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012); and

(ii) located at New Delhi, as required under section 12 as it stood before such commencement;

(ab) “Fund” means the Fund of the Institute referred to in section 16;]

(b) “Governing Body” means the Governing Body of the Institute;

(c) Institute means the All-India Institute of Medical Sciences established under section 3 [v][and includes the corresponding Institutes and other Institutes which may be established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012)];

(d) “member” means a member of the Institute;

(e) “regulation” means a regulation made by the Institute;

(f) “rules” means a rule made by the Central Government.

[vi][(g) “society” means the society referred to in column (2) of the Table given under section 27A.]

 

Other Contents of All-India Institutes of Medical Sciences Act, 1956​
Sections 1 to 17 Sections 18 to 29

 

3. Establishment and incorporation of the Institute.

3. Establishment and incorporation of the Institute.— (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act an institution to be called the All India Institute of Medical Sciences:

[vii][Provided that the Central Government may, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), establish by notification in the Official Gazette, such other All-India Institutes of Medical Sciences at such places as it may specify in the said notification in addition to the existing Institute and the corresponding Institutes.]

(2) [viii][Every Institute] shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

4. Composition of the Institute.

4. Composition of the Institute.— [ix][Every Institute] shall consist of the following members, namely:—

[x][(a) in the case of existing Institute, the Vice-Chancellor of the Delhi University, ex officio;

(aa) in the case of every other Institute established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), the Vice-Chancellor of a University situated in a State in which such Institute has been established after such commencement and such Vice-Chancellor shall be nominated by the Central Government;]

(b) the Director General of Health Services, Government of India, ex officio;

(c) the Director of the Institute, ex officio;

(d) two representatives of the Central Government to be nominated by that Government, one from the Ministry of Finance and one from the Ministry of Education;

(e) five persons of whom one shall be a non-medical scientist representing the Indian Science Congress Association, to be nominated by the Central Government;

(f) four representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; and

(g) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States.

5. Declaration of Institutes as institution of national importance.

[xi][5. Declaration of Institutes as institution of national importance.— (1) It is hereby declared that the existing Institute declared as an institution of national importance, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), under section 5 as it stood before such commencement, shall continue to be an institution of national importance.

(2) It is hereby declared that every corresponding Institute shall be an institution of national importance.

(3) It is hereby declared that every Institute established under the proviso to sub-section (1) of section 3, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be an institution of national importance.]

6. Term of office of, and vacancies among, members.

6. Term of office of, and vacancies among, members.— (1) Save as otherwise provided in the section, the term of office of a member shall be five years from the date of his nomination or election:

Provided that the term of office of a member elected under clause (g) of section 4 shall come to an end as soon as he [xii][becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or] ceases to be a member of the House from which he was elected.

(2) The term of office of an ex officio member shall continue so long as he holds the office in virtue of which he is such a member.

(3) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected.

(4) An outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place.

(5) An outgoing member shall be eligible for re-nomination or re-election.

(6) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government.

(7) The manner of filling vacancies among members shall be such as may be prescribed by rules.

7. President of the Institute.

7. President of the Institute.— (1) There shall be a [xiii][President for every Institute] who shall be nominated by the Central Government from among the members other than the Director of the Institute.

[xiv][Provided that the President of the existing Institute shall also be the President of every corresponding Institute and other Institutes established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), till such date the Central Government nominates a separate President for every corresponding Institute and other Institutes established after such commencement.]

(2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations.

8. Allowances of President and members.

8. Allowances of President and members.— The President and members shall receive such allowances, if any, [xv][from the Institute of which they are the President and members] as may be prescribed by rules.

[xvi][Provided that in case a person is a President of two or more Institutes, the allowances shall be borne by the Institutes in such proportion as may be prescribed by rules.]

9. Meetings of the Institute.

9. Meetings of the Institute.— [xvii][Every Institute shall] hold its first meeting at such time and place as may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government; and thereafter [xviii][every Institute shall meet] at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulation:

[xix][Provided that the provisions relating to holding of the first meeting shall not apply to the existing Institute.]

10. Governing Body and other Committees of the Institute.

10. Governing Body and other Committees of the Institute.— (1) There shall be [xx][separate Governing Body for every Institute which shall be constituted by such Institute] from among its members in such manner as may be prescribed by regulations.

[xxi][Provided that the Governing Body of the existing Institute, constituted before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.]

(2) The Governing Body shall be the executive committee of [xxii][every Institute] and shall exercise such powers and discharge such functions as [xxiii][every Institute] may, by regulations made in this behalf, confer or impose upon it.

(3) The President of [xxiv][every Institute] shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations.

(4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be prescribed by regulations.

(5) Subject to such control and restrictions as may be prescribed by rules, [xxv][every Institute may constitute] as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any [xxvi][functions of such Institute] or for inquiring into or reporting or advising upon, any matter which the Institute may refer to them.

(6) A standing committee shall consist exclusively of [xxvii][members of every Institute; but an ad hoc committee may include persons who are not members of such Institute] but the number of such persons shall not exceed one-half of its total membership.

[xxviii][Provided that the Standing Committee of the existing Institute constituted, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.]

(7) The Chairman and members of the Governing Body and the Chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations.

11. Staff of the Institute.

11. Staff of the Institute.— (1) There shall be a [xxix][chief executive officer of every Institute] who shall be designated as the [xxx][Director of such Institute] and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the Institute:

[xxxi][Provided that the first Director of every Institute (other than the existing Institute), established on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be appointed by the Central Government:

Provided further that in case a Director of a society has been appointed by the Central Government before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, such Director shall be deemed to be the first Director of the concerned corresponding Institute.]

[xxxii][(1A) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier:

Provided that any person holding office as a Director immediately before the commencement of the All-India Institute of Medical Sciences and the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 (42 of 2007), shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Director and shall be entitled to claim compensation not exceeding three months” pay and allowances for the premature termination of his office or of any contract of service.]

(2) The Director shall act as the Secretary to the Institute as well as the Governing Body.

(3) The Director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President of the Institute or by the Governing Body or the Chairman of the Governing Body.

(4) Subject to such rules as may be made by the Central Government in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees.

(5) The Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf.

12. Location of the Institute.

[xxxiii][12. Location of the Institute.— (1) The existing Institute shall be located at New Delhi.

(2) All corresponding Institutes shall be located at the places mentioned in column (3) of the Table given under section 27A.

(3) All Institutes [other than the existing Institute and corresponding Institutes referred to in sub-sections (1) and (2)] shall be located at such places as the Central Government may, by notification in the Official Gazette, specify.]

13. Objects of the Institute.

13. Objects of the Institute.— The objects of [xxxiv][every Institute] shall be—

(a) to develop patterns of teaching in under-graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in India;

(b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity; and

(c) to attain self-sufficiency in post-graduate medical education.

14. Functions of the Institute.

14. Functions of the Institute.— With a view to promotion of the objects specified in section 13, [xxxv][every Institute] may—

(a) provide for under-graduate and post-graduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences;

(b) provide facilities for research in the various branches of such sciences;

(c) provide for the teaching of humanities in the under graduate courses;

(d) conduct experiments in new methods of medical education, both under graduate and post-graduate, in order to arrive at satisfactory standards of such education;

(e) prescribe courses and curricula for both under-graduate and post graduate studies;

(f) notwithstanding anything contained in any other law for the time being in force, establish and maintain—

(i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only under graduate medical education but also post-graduate medical education in different subjects;

(ii) one or more well-equipped hospitals;

(iii) a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary;

(iv) a nursing college sufficiently staffed and equipped for the training of nurses;

(v) rural and urban health organisations which will form centers for the field training of the medical, dental and nursing students of the Institute as well as for research into community health problems; and

(vi) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists and medical technicians of various kinds;

(g) train teachers for the different medical colleges in India;

(h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in under-graduate and post-graduate medical education as may be laid down in the regulations;

(i) institute, and appoint persons to, professorships, readerships, lectureships and posts of any description in accordance with regulations;

(j) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;

(k) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 13;

(l) demand and receive such fees and other charges as may be prescribed by regulations;

[xxxvi][(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;

(n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;]

15. Payment to the Institute.

15. Payment to the Institute.— The Central Government may, under appropriation made by Parliament by law in this behalf, pay to [xxxvii][every Institute] in each financial year such sums of money and in such manner as may be considered necessary by that Government for the exercise of its powers and discharge of its functions under this Act.

16. Fund of the Institute.

16. Fund of the Institute.— (1) [xxxviii][Every Institute] shall maintain a Fund to which shall be credited—

(a) all moneys provided by the Central Government;

(b) all fees and other charges received by the Institute;

(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and

(d) all moneys received by the Institute in any other manner or from any other source.

[xxxix][Provided that the Fund maintained by the existing Institute and the society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the Fund maintained under this section.]

(2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.

(3) The fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under section 14.

17. Budget of the Institute.

17. Budget of the Institute.— [xl][Every Institute shall prepare], in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and [xli][expenditure of the concerned Institute] and shall forward to the Central Government such number of copies thereof as may be prescribed by rules.

References

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