GOVERNMENT OF KERALA

Law (Leg-Publication) Department

NOTIFICATION

No. 17196/Leg.Pbn.4/2012/Law.

Dated Thiruvananthapuram, 4th September 2012.

The following Ordinance promulgated by the President of India and

published in the Gazette of India Extraordinary, Part II, Section I dated the 17th

day of July, 2012 is hereby republished for general information.

By order of the Governor,

C. P. RAMARAJA PREMA PRASAD,

Law Secretary.

Kerala Gazette No. 15 dated 18th September 2012.

PART I

Section i

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 16th July, 2012/Asadha 25, 1934 (Saka).

THE ALL-INDIA INSTITUTE OF MEDICAL SCIENCES (AMENDMENT)

ORDINANCE, 2012

(No. 1 OF 2012)

Promulgated by the President in the Sixty-third Year of the

Republic of India.

ORDINANCE

further to amend the All-India Institute of Medical Sciences Act, 1956.

WHEREAS, Parliament is not in session and the President is satisfied that

circumstances exist which render it necessary for her to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article

123 of the Constitution, the President is pleased to promulgate the following

Ordinance:—

1. Short title and commencement.—(1) This Ordinance may be called the

All-India Institute of Medical Sciences (Amendment) Ordinance, 2012.

(2)

It shall come into force at once.

2. Amendment of long title.—In the All-India Institute of Medical Sciences

Act, 1956 (25 of 1956) (hereinafter referred to as the principal Act), in the long

title, for the words “an All-India Institute of Medical Sciences”, the words “All-

India Institutes of Medical Sciences” shall be substituted.

3. Amendment of section 1.—In section 1 of the principal Act, in

sub-section (1), for the words “All-India Institute of Medical Sciences”, the

words “All-India Institutes of Medical Sciences” shall be substituted.

4. Amendment of section 2.—In section 2 of the principal Act, —

(A)

for clause (a), the following clauses shall be substituted, namely:—

‘(a) “corresponding Institute” means the Institutes referred to in

column (3) of the Table given under section 27 A;

(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) Ordinance, 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) in clause (c), after the words and figure “under section 3”, the words,

brackets and figures “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) Ordiance, 2012” shall be

inserted;

namely:—

‘(g) “society” means the society referred to in column (2) of the Table

given under section 27A.’.

5. Amendment of section 3.—In section 3 of the principal Act, —

(a) in sub-section (1), the following proviso shall be inserted,

namely:—

“Provided that the Central Government may, on and after the

commencement of the All-India Institute of Medical Sciences

(Amendment) Ordinance, 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 Institues.”;

(b) in sub-section (2), for the words “The Institute”, the words

“Every Institute” shall be substituted.

6. Amendment of section 4.—In section 4 of the principal Act, —

(i) in the opening portion, for the words “The Institute”, the words

“Every Institute” shall be substituted ;

(ii) for clause (a), the following clauses shall be substituted,

namely:—

“(a) in the case of existing Institute, the Vice-Chancellor or 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) Ordinance, 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;”.

7. Substitution of new section for section 5.—For section 5 of the principal Act,

the following section shall be substituted, namely:—

“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) Ordinance, 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) Ordinance, 2012, shall be an

institution of national importance.”.

8. Amendment of section 7.—In section 7 of the principal Act, in

sub-section (1),—

(a) for the words “President of the Institute”, the words “President

for every Institute” shall be substituted;

(b) the following proviso shall be inserted, namely:—

“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) Ordinance, 2012, till such date the Central Government nominates a

separate President for every corresponding Institute and other Institutes

established after such commencement.”.

9. Amendment of section 8.—In section 8 of the principal Act,—

(a) for the words “from the Institute”, the words “from the Institute

of which they are the President and members” shall be substituted;

(b) the following proviso shall be inserted, namely:—

“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.”.

10. Amendment of section 9.—In section 9 of the principal Act,—

(a) for the words “The Institute shall”, the words “Every Institute

shall” shall be substituted;

(b) for the words “the Institute shall meet”, the words “every

Institute shall meet” shall be substituted;

“Provided that the provisions relating to holding of the first meeting

shall not apply to the existing Institute.”.

11. Amendment of section 10.—In section 10 of the principal Act,—

(a) in sub-section (1),—

(i) for the words “a Governing Body of the Institute which

shall be constituted by the Institute”, the words “separate

Governing Body for every Institute which shall be constituted

by such Institute” shall be substituted;

(ii) the following proviso shall be inserted, namely:—

“Provided that the Governing Body of the existing Institute, constituted

before the commencement of the All-India Institute of Medical Sciences

(Amendment) Ordinance, 2012, shall be deemed to have been constituted under

this section.”;

(b) in sub-sections (2) and (3), for the words “ the Institute”, the

words “every Institute” shall be substituted;

(i) for the words “the Institute may constitute”, the words “every

Institute may constitute” shall be substituted;

(ii) for the words “functions of the Institute”, the words “functions

of such Institute” shall be substituted;

(d) in sub-section (6),—

(i) for the words “members of the Institute; but an ad hoc

committee may include persons who are not members of the Institute”,

the words “members of every Institute; but an ad hoc committee may

include persons who are not members of such Institute” shall be

substituted;

(ii) the following proviso shall be inserted, namely:—

“Provided that the Standing Committee of the existing Institute

constituted, before the commencement of the All-India Institute of Medical

Sciences (Amendment) Ordinance, 2012, shall be deemed to have been

constituted under this section.”.

12. Amendment of section 11.—1n section 11 of the principal Act, in

sub-section (1),—

(a) for the words “chief executive officer of the Institute”, the words

“chief executive officer of every Institute” shall be substituted;

(b) for the words “Director of the Institute”, the words “Director of

such Institute” shall be substituted;

namely:—

“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) Ordinance, 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) Ordinance, 2012, such Director shall be deemed

to be the first Director of the concerned corresponding Institute.”;

13. Substitution of new section for section 12.—For section 12 of the

principal Act, the following section shall be substituted, namely:—

“12. Location of Institutes.—(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.”.

14. Amendment of section 13.—In section 13 of the principal Act, in the

opening portion, for the words “the Institute”, the words “every Institute” shall

be substituted.

15. Amendment of section 14.—In section 14 of the principal Act, in the

opening portion, for the words “the Institute”, the words “every Institute” shall

be substituted.

16. Amendment of section 15.—In section 15 of the principal Act, for the

words “the Institute”, the words “every Institute” shall be substituted.

l7. Amendment of section 16.—In section 16 of the principal Act, in

sub-section (1),—

(i) for the words “The Institute”, the words “Every Institute” shall be

substituted;

(ii) after clause (d), the following proviso shall be inserted, namely:—

“Provided that the Fund maintained by the existing Institute and the

society, before the commencement of the All-India Institute of Medical Sciences

(Amendment) Ordinance, 2012, shall be deemed to be the Fund maintained under

this section.”.

18. Amendment of section 17.—In section 17 of the principal Act,—

(a) for the words “The Institute shall prepare”, the words “Every

Institute shall prepare” shall be substituted;

(b) for the words “expenditure of the Institute”, the words

“expenditure of the concerned Institute” shall be substituted.

19. Amendment of sections 18 and 19.—In sections 18 and 19 of the

principal Act, for the words “The Institute” and “the Institute”, wherever they

occur, the words “Every Institute” and “every Institute” shall, respectively, be

substituted.

20. Amendment of section 20.—In section 20 of the principal Act, in

sub-section (1),—

(a) for the words “The Institute”, the words “Every Institute” shall be

substituted;

(b) the following proviso shall be inserted, namely:—

“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) Ordinance, 2012, shall be deemed to be the

pension and provident fund under this section.”.

21. Amendment of section 21.—In section 21 of the principal Act,—

(a) for the words “decisions of the Institute”, the words “decisions of

every Institute” shall be substituted;

(b) for the words “officer of the Institute”, the words “officer of every

Institute” shall be substituted.

22. Amendment of sections 22, 23, 24, 25 and 27.— In sections 22, 23,

24, 25 and 27 of the principal Act, for the words “The Institute” and “the

Institute”, wherever they occur, the words “Every Institute” and “every

Institute” shall, respectively, be substituted.

23. Insertion of new sections 27A, 27B, 27C and 27D.—After section 27

of the principal Act, the following sections shall be inserted, namely:—

“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

Serial

Society

Corresponding Institute and

Number

place of its location

(1)

(2)

(3)