Kerala Gazette No. 12 dated 24th March 2009.

PART I

Section i

GOVERNMENT OF KERALA

Law (Leg. Publication) Department

NOTIFICATION

No.15831/Leg. Pbn. 4/2008/Law.

Dated, Thiruvananthapuram, 1st September, 2008.

The following Act of Parliament, published in the Gazette of India,

Extraordinary, Part II, Section I, dated the 19th May, 2008 is hereby republished

for general information. The Bill as passed by the Houses of Parliament received

the assent of the President on the 16th May, 2008.

By order of the Governor,

P. S. GOPINATHAN,

Law Secretary.

G. 732/2008/Kannur.

THE JAWAHARLAL INSTITUTE OF POST-GRADUATE MEDICAL

EDUCATION AND RESEARCH, PUDUCHERRY ACT, 2008

(ACT NO. 19 OF 2008)

ACT

to declare the Institution known as the Jawaharlal Institute of Post-Graduate

Medical Education and Research, Puducherry, to be an institution of

national importance and to provide for its incorporation and matters

connected therewith.

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as

follows:—

1. Short title and commencement.—(1)

This Act may be called the

Jawaharlal Institute of Post- Graduate Medical Education and Research,

Puducherry Act, 2008.

(2)

It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

Declaration of Jawaharlal Institute of Post-Graduate Medical Education

and Research, Puducherry, as an institution of national importance.—Whereas

the objects of the institution known as the Jawaharlal Institute of Post-Graduate

Medical Education and Research, Puducherry in the Union territory of Puducherry

are such as to make the institution one of national importance, it is hereby

declared that the institution known as the Jawaharlal Institute of Post-Graduate

Medical Education and Research, Puducherry is an institution of national

importance.

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

(a)

“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 institution known as the Jawaharlal Institute

of Post-Graduate Medical Education and Research, Puducherry,

incorporated under this Act;

(d)

“member” means a member of the Institute;

(e)

“prescribed” means prescribed by rules made under this Act;

(f)

“specified” means specified by regulations made under this Act.

Incoporation of Institute.— The Jawaharlal Institute of Post-Graduate

Medical Education and Research, Puducherry, an Institute functioning under the

Union Ministry of Health and Family Welfare, is hereby constituted a body

corporate by the name aforesaid and as such body corporate, it shall have

perpetual succession and a common seal with power, subject to the provisions of

this Act, to acquire, hold and dispose of property and to contract and shall, by

that name, sue and be sued.

Composition of Institute.—(1)

The Institute shall consist of the

following members, namely:—

(a)

Secretary to the Government of India in the Ministry or

Department of Health and Family Welfare, ex officio;

(b)

the Vice-Chancellor of the Puducherry University, ex officio;

(c)

the Vice-Chancellor of the Tamil Nadu Dr. M. G. R. Medical

University, Tamil Nadu, ex officio;

(d)

the Director-General of Health Services, Government of India,

ex officio;

(e)

the Director of the Institute, ex officio;

(f)

Cheif Secretary, Government of Puducherry, ex officio;

(g)

Secretary to the Government of India or his nominee (not below

the rank of Joint Secretary) in the Department of Expenditure, Ministry of

Finance, ex officio;

(h)

Secretary to the Government of India or his nominee (not below

the rank of Joint Secretary) in the Department of Higher Education,

Ministry of Human Resource Development, ex officio;

(i)

seven persons of whom one shall be a non-medical scientist

representing the Indian Science Congress Association, to be nominated

by the Central Government in such manner as may be prescribed;

(j)

four representatives of the medical faculties of Indian Universities

to be nominated by the Central Government in such manner as may be

prescribed; and

(k)

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.

(2)

It is hereby declared that the office of member of the Institute shall

not disqualify its holder for being chosen as, or for being, a member of either

House of Parliament.

Term of office of, and vacancies among members.—(1)

Save as otherwise

provided in this section, the term of office of a member shall be five years from

the date of his nomination or election.

(2)

The term of office of a member elected under clause (k) of sub-

section (1) of section 5 shall come to an end as soon as he becomes a Minister

or Minister of State or Deputy Minister or the Speaker or the Deputy Speaker of

Lok Sabha or the Deputy Chairman of Rajya Sabha or ceases to be a member of

the House from which he was elected.

(3)

The term of office of an ex officio member shall continue so long as

holds the office by virtue of which he is such a member.

(4)

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.

(5)

An out-going member other than a member elected under clause (k)

of sub-section (1) of section 5 shall continue in office until another person is

nominated as a member in his place or for a period of three months, whichever is

earlier:

Provided that the Central Government shall nominate a member in place of

an out-going member within the said period of three months.

(6)

An out-going member shall be eligible for re-nomination or re-

election.

(7)

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.

(8)

The manner of filling vacancies among members shall be such as may

be prescribed.

President of Institute, his powers and functions.—(1)

There shall be a

President of the Institute who shall be nominated by the Central Government

from among the members other than the Director of the Institute.

(2)

The President shall exercise such powers and discharge such

functions as are laid down in this Act or as may be prescribed.

Allowances of President and members.—The President and other members

shall receive such allowances from the Institute as may be prescribed.

Meetings of Institute.—The 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, the Institute

shall meet at such times and places and observe such rules of procedure in

regard to the transaction of business including quorum at its meetings as may be

specified.

10.

Governing Body and other committees of Institute.—(1)

There shall be

a Governing Body of the Institute which shall be constituted by the Institute in

such manner as may be specified:

Provided that the number of persons who are not members of the Institute

shall not exceed one-third of the total membership of the Governing Body.

(2)

The Governing Body shall be the executive committee of the Institute

and shall exercise such powers and discharge such functions as the Institute

may specify in this behalf.

(3)

The President of the Institute shall be the Chairperson of the

Governing Body and as Chairperson thereof he shall exercise such powers and

discharge such functions as may be specified.

(4)

The procedure to be followed in 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 specified.

(5)

Subject to such control and restrictions as may be prescribed, the

Institute may constitute as many standing committees and as many ad hoc

committees as it thinks fit for exercising any power or discharging any function

of the Institute or for inquiring into, or reporting or advising upon, any matter

which the Institute may refer to them.

(6)

The Chairperson and members of the Governing Body and the Chair-

person and the members of a standing committee or an ad hoc committee shall

receive such allowances, as may be specified.

11.

Staff of Institute.—(1)

There shall be a cheif executive officer of the

Institute who shall be designated as the Director of the Institute and shall,

subject to such rules as may be prescribed, be appointed by the Institute:

Provided that the first Director of the Institute shall be appointed by the

Central Government.

(2)

The Director shall act as the Secretary to the Institute as well as the

Governing Body.

(3)

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.

(4)

The Director shall exercise such powers and discharge such functions

as may be specified, or as may be delegated to him by the Institute or the

President of the Institute or the Governing Body or the Chairperson of the

Governing Body.

(5)

Subject to such rules as may be prescribed, 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.

(6)

Subject to such rules as may be prescribed, 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 specified.

12.

Object of Institute.—The Objects of the Institute shall be—

(a)

to develop patterns of teaching in undergraduate and

postgraduate medical education in all its branches so as to demonstrate

a high standard of medical education;

(b)

to bring together, as far as may be, 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 postgraduate medical education to

meet the country’s needs for specialists and medical teachers.

13.

Functions of Institute.—With a view to the promotion of the

objects specified in section 12, the Institute may—

(a)

provide for undergraduate and postgraduate teaching in the

science of modern medicine and other allied sciences, including physical

and biological sciences;

(b)

provide facilities for research in various branches of such

sciences;

(c)

provide for the teaching of humanities;

(d)

conduct experiments in new methods of medical education, both

undergraduate and postgraduate, in order to arrive at satisfactory

standards of such education;

(e)

specify courses and curricula for both undergraduate and

postgraduate 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

undergraduate medical education but also postgraduate 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 centres 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,

pharmacists, drug analysts and medical technicians of various

kinds;

(g)

train teachers from different medical colleges in India;

(h)

hold examinations and grant such degrees, diplomas and other

academic distinctions and titles in undergraduate and postgraduate

medical education as may be laid down in the regulations;

(i)

institute, and appoint persons to, professorships, readerships,

lecturerships 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 cosidered necessary for promoting the objects

specified in section 12;

(l)

demand and receive with the prior approval of the Central

Government such fees and other charges as may be specified:

Provided that such fees and other charges payable by the students

shall in no case exceed the fees and other charges specified by a

medical Institute of the Central Government;

(m)

reserve at least twenty seats out of every seventy-five seats in

undergraduate courses in the Institute for local applicants;

(n)

provide free treatment to the poor patients in the same manner

as are being provided by a medical Institute of the Central Government;

(o)

construct quarters for its staff and allot such quarters to the

staff in accordance with such regulations as may be made in this behalf;

(p)

borrow money, with the prior approval of the Central

Government, on the security of the property of the Institute;

(q)

do all such other acts and things as may be necessary to further

the objects specified in section 12.

14.

Vesting of property.—The properties of the Jawaharlal Institute of Post-

Graduate Medical Education and Research, Puducherry which vested in the

Central Government shall, on the commencement of this Act, vest in the Institute.

15.

Payment to Institute.—The Central Government may, after due

appropriation made by Parliament by law in this behalf, pay to the 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 Institute.—(1)

The 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.

(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 power and discharge of

its functions under section 13.

17.

Budget of Institute.—The Institute shall prepare in such form and at

such time every year a budget in respect of the financial year next ensuing

showing the estimated receipts and expenditure of the Institute and shall forward

to the Central Government such number of copies thereof as may be prescribed.

18.

Accounts and audit.—(1)

The 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,

and in accordance with such general directions as may be issued by that

Government in consultation with the Comptroller and Auditor-General of India.

(2)

The accounts of the 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 the Institute to the Comptroller and Auditor-

General of India.

(3)

The Comptroller and Auditor-General of India and any person ap-

pointed by him in connection with the audit of the accounts of the Institute shall

have the same rights, privileges and authority in connection with such audit as

the Comptroller and Auditor-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 the Institute as well as of the institutions

established and maintained by it.

(4)

The accounts of the 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

G. 732/2008/Kannur.

19.

Annual report.—The 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 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.—(1)

The Institute shall constitute for the

benefit of its officers, teachers and other employees in such manner and subject

to such conditions as may be specified by regulations, such pension and

provident funds as it may deem fit.

(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 orders and instruments of Institute.—All oders and

descisions of the Institute shall be authenticated by the signature of the Director

or any other member authorised by the Institute in this behalf and all other

instruments shall be authenticated by the signature of such officers as may be

authorised by the Institute.

22.

Acts and proceedings not to be invalidated by vacancies, etc.—No act

done or proceeding taken by the 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, the Institute,

Governing Body or such standing or ad hoc committee.

23.

Grant of medical degrees, diplomas, etc., by Institute.—Notwithstanding

anything contained in any other law for the time being in force, the Institute shall

have the power to grant medical, dental, nursing degrees, diplomas and other

academic distinctions and titles under this Act.

24.

Recognition of medical qualifications granted by Institute.—

Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102

of 1956), the Dentist Act, 1948 (16 of 1948), the Indian Nursing Council Act, 1947

(48 of 1947) , the medical degrees and diplomas, dental degrees and nursing

degrees granted by the Institute under this Act shall be recognised medical

qualifications for the purposes of the Acts aforesaid and shall be deemed to be

included in the Schedules to the respective Acts.

25.

Control by Central Government.—The 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.

Resolution of differences.—If in, or in connection with, the exercise of its

powers and disharge 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 thereon shall be final.

27.

Returns and information.—The Institute shall furnish to the Central

Government such reports, returns and other information as that Government may

require from time to time.

28.

Transfer of service of existing employees.—(1)

On and from the date of

commencement of this Act, every employee holding a post in the Jawaharlal

Institute of Post-Graduate Medical Education and Research, Puducherry, before

that date, shall hold the post in the Institute by the same tenure, and upon the

same terms and conditions of service including remuneration, leave, provident

fund, retirement and other terminal benefits as he would have held such post as

if this Act had not been passed and shall continue to do so as an employee of

the Institute for a period of one year from the date of the commencement of this

Act, unless he, within the said period of one year, opts not to be an employee

of the Institute or until his tenure, remuneration or other terms and conditions of

service are duly altered by the regulations:

Provided that the officers of the Jawaharlal Institute of Post-Graduate

Medical Education and Research, Puducherry belonging to the Central health

service, who opts to be an employee of the Institute then, his appointment, pay,

allowances and other terms and conditions of service shall be such as may be

prescribed.

(2)

Every person, who opts not to be an employee of the Institute within

the period so specified, shall be governed by the rules and orders as are

applicable to the Central Government officers and employees of equivalent rank.

(3)

Subject to the provisions of this section, the tenure, remuneration and

other terms and conditions of service including pension of any employee of the

Institute shall not be altered to his disadvantage without the previous approval of

the Central Government.

29.

Power to make rules.—(1)

The Central Government, after consultation

with the Institute, 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 making of rules under this section, but the Central Government

shall take into consideration the 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 clauses (j) and (k)

of sub-section (1) of section 5;

(b)

the manner of filling vacancies under sub-section (8) of section 6;

(c)

the powers and functions to be exercised and discharged by the

President of the Institute under section 7;

(d)

the allowances to be paid to the President and other members

of the Institute under section 8;

(e)

the control and restrictions in relation to the constitution of

standing and ad hoc committees under sub-section (5) of section 10;

(f)

the tenure of office, salaries and allowances and other

conditions of service of the Director and other officers and employees of

the Institute appointed by the Institute under section 11;

(g)

the form in which, and the time at which, the budjets and

reports shall be prepared by the Institute under section 17;

(h)

the form of annual statement of accounts including balance-

sheet under sub-section (1) of section 18;

(i)

the form of annual report under section 19;

(j)

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

30.

Power to make regulations.—(1)

The Institute 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 and the conduct of business at such meetings under section 9;

(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 therein, the allowances to be paid to the members and the

proceedure to be followed by the Governing Body; standing and ad hoc

committees in the conduct of their business, exercise of their powers,

discharge of their functions under section 10;

(c)

the powers and duties of the Director and other officers and

employees of the Institute under sub-sections (3) and (4) and other

conditions of service under sub-section (5) of section 11;

(d)

the power of the institute under section 13, to specify—

(i) courses and curricula for undergraduate and postgraduate

studies;

(ii) hold examination and grant degrees, diplomas and other

academic distinctions and titles under clause (h);

(iii) the professorships, readerships, lecturerships and other posts

which may be instituted and persons who may be appointed to

such posts under clause (i);

(iv) the management of the properties of the Institute under clause (k);

(v) the fees and other charges which may be demanded and

received by the Institute under clause (l);

(e)

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 under sub-section

(1) of section 20;

(f)

any other matter for which under this Act provisions may be

made by regulations.

(2)

Notwithstanding anything contained in sub-section (1), the first

regulations under this Act shall be made by the Central Government; and any

regulations so made may be altered or rescinded by the Institute in exercise of its

powers under sub-section (1).

31.

Laying of rules and regulations before Parliament.—Every rule and

every regulation made under this Act 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 regulation or both Houses agree that the rule or

regulation should not be made, the rule or 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 rule or regulation.

32.

Power to remove difficulties.—(1) If any difficulty arises in giving effect

to the provisions of this Act, the Central Government may, by order, published in

the Official Gazette, make such provision not inconsistent with the provisions of

this Act, as may appear to be necessary for removing the difficulty:

Provided that no such order shall be made under this section, after the ex-

piry of a period of two years from the date of commencement of this Act.

(2)

Every order made under this section shall be laid, as soon as may be

after it is made, before each House of Parliament.