All-India Institutes of Medical Sciences Act, 1956- Sections 18 to 29

18. Accounts and audit.

18. Accounts and audit.— (1) [i][Every Institute] shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance-sheet in such form as the Central Government may by rules prescribe in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of [ii][every Institute] shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by [iii][every Institute] to the Comptroller and Auditor General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of [iv][every Institute] shall have the same rights, privileges and authority in connection with such audit as the Comptroller General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of [v][every Institute] as well as of the institutions established and maintained by it.

(4) The accounts of [vi][every Institute] as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

19. Annual Report.

19. Annual Report.— [vii][Every Institute] shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed by rules and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt.

20. Pension and provident funds.

20. Pension and provident funds.— (1) [viii][Every Institute] shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit.

[ix][Provided that the pension and provident fund constituted by the existing Institute or society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the pension and provident fund under this section.]

(2) Where any such pension or provident fund has been constituted the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.

21. Authentication of the orders and instruments of the Institute.

21. Authentication of the orders and instruments of the Institute.— All orders and [x][decisions of every Institute] shall be authenticated by the signature of the President or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or any other [xi][officer of every Institute] authorised in like manner in this behalf.

22. Acts and proceedings not to be invalidated by vacancies, etc.

22. Acts and proceedings not to be invalidated by vacancies, etc.— No act done or proceeding taken by [xii][every Institute], Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, [xiii][every Institute], Governing Body or such standing or ad hoc committee.

23. Recognition of Medical, dental and nursing qualifications granted by the Institute.

[xiv][23. Recognition of Medical, dental and nursing qualifications granted by the Institute.— Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act, 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 (48 of 1947), the medical, dental or nursing degrees or diplomas, as the case may be, granted by [xv][every Institute] under this Act shall be recognised—

(a) medical qualifications for the purpose of the Indian Medical Council Act, 1956 (102 of 1956) and shall be deemed to be included in the First Schedule to that Act;

(b) dental qualifications for the purpose of the Dentists Act, 1948 (16 of 1948) and shall be deemed to be included in the Scheduled to that Act; and

(c) nursing qualifications for the purpose of the Indian Nursing Council Act, 1947(48 of 1947) and shall be deemed to be included in the Schedule to that Act.]

24. Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute.

[xvi][24. Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute.— Notwithstanding anything contained in any other law for the time being in force, [xvii][every Institute] shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and title under this Act.]

25. Control by Central Government.

25. Control by Central Government.— [xviii][Every Institute] shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.

26. Disputes between the Institute and the Central Government.

26. Disputes between the Institute and the Central Government.— If in, or in connection with, the exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government on such dispute shall be final.

27. Returns and information.

27. Returns and information.— [xix][Every Institute] shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.

27-A. Incorporation of Institute registered as society under the Societies Registration Act, 1860.

[xx][27-A. Incorporation of Institute registered as society under the Societies Registration Act, 1860.— Each of the Institute, registered as society under the Societies Registration Act, 1860 (21 of 1860) and mentioned in column (2) of the Table below shall be a body corporate having perpetual succession and common seal and shall by its name mentioned in column (3) of that Table, sue and be sued:

TABLE

List of societies incorporated as All-India Institutes of Medical Sciences

27-B. Effect of incorporation of Institutes.— (1) On and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012,—

(a) any reference to a society in any law, other than this Act, or in any contract or other instrument, shall be deemed as a reference to the corresponding Institute;

(b) all property, movable and immovable, of or belonging to a society shall vest in the corresponding Institute;

(c) all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding Institute;

(d) subject to the provisions of this Act, every person (including Director, officers and other employees) who is employed in the society, immediately before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall, on and after such commencement, become an employee of the corresponding Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), as if the said Act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations:

Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government;

(e) the Governing Body of every society, shall, from the date of constitution of the Governing Body under sub-section (1) of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service;

(f) all committees (including Standing Committee, if any) of the society shall stand dissolved;

(g) any examination conducted by the existing Institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding Institute.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular service under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.

27-C. Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A.

27-C. Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A.— All provisions of this Act shall, mutatis mutandis, apply to the societies, referred to in column (2) of the Table given under section 27A, incorporated into All-India Institutes of Medical Sciences referred to in column (3) of the said Table.

27-D. Power to make transitory provisions for Institutes (other than existing Institute).

27-D. Power to make transitory provisions for Institutes (other than existing Institute).— (1) The Central Government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding Institutes (other than the existing Institute), by notification in the Official Gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such Institutes:

Provided that no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012).

(2) Every notification issued under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]

28. Power to make rules.

28. Power to make rules.— (1) The Central Government, after consultation with [xxi][all the Institutes], may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:

Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) the manner of nomination of members under clause (f) of section 4;

[xxii][(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;]

(b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;

(c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of [xxiii][every Institute];

(d) the powers and functions to be exercised and discharged by the President of the Institute;

(e) the allowances, if any, to be paid to the President and members of the Institute;

(f) the number of officers and employees that may be appointed by the Institute and the manner of such appointment;

(g) the form in which and the time at which the budget and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government;

(h) the form and manner in which returns and information are to be furnished by the Institute to the Central Government;

(i) any other matter which has to be or may be prescribed by rules.

[xxiv][(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

29. Power to make regulations.

29. Power to make regulations.— [xxv][Every Institute] [xxvi][, with the previous approval of the Central Government, may, by notification in the Official Gazette] make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for—

(a) the summoning and holding of meetings other than the first meeting of the Institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum;

(b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies among, the members of, the Governing Body and standing and ad hoc committees;

(c) the powers and functions to be exercised and discharged by the President of the Institute and the Chairman of the Governing Body.

(d) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees;

(e) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions;

(f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute;

(g) the powers and duties of the Chairman of the Governing Body;

(h) the powers and duties of the Director and other officers and employees of the Institute;

(i) the management of the properties of the Institute;

(j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute;

(k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readership, lecturerships and other posts;

(l) the fees and other charges which may be demanded and received by the Institute;

(m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute;

(n) any other matter for which under this Act provisions may be made by regulations.

[xxvii][Provided that the regulations made by the existing Institute, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing Institute in accordance with the provisions of this section.]

(2) Until the Institute is established under this Act, any regulation which may be made under sub-section (1) may be made by the Central Government, and any regulation so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).

[xxviii][Provided that every corresponding Institute shall, within three months of the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, make regulations.]

[xxix][(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

References

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