POST-GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH ACT 1966
THE POST-GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH, ACT, 1966
ACT No. 51 OF 1966
An Act to declare the institution known as the Post GraduateInstitute of Medical Education and Research, Chandigarh, to be an institution of nationalimportance and to provide for its incorporation and mattes connected therewith
BE it enacted by Parliament inthe Seventeenth Year of the Republicof India as follows: –
1.Short title and commencement: (1) This Act may be called thePost–Graduate Institute of Medical Education and Research, Chandigarh, Act, 1966.
(2) It shall come into force onsuch date 1 as the Central Government may, by notification theOfficial Gazette, appoint.
1. 1–4–67 – VideNotification No.S.O.1115 dated 29–3–1967, Gazette of India,Extraordinary Part II, Section 3 (ii), P.797.
2.Declaration of Post GraduateInstitute of Medical Education and Research, Chandigarh, as an institution ofnational importance: Whereas the objects of the institution known as the Post GraduateInstitute of Medical Education and Research, Chandigarh in the Unionterritories of Chandigarh are such to make the institution one of nationalimportance, it is hereby declared that the institution known as the Post–GraduateInstitute of Medical Education and Research, Chandigarh is an institution ofnational importance.
3.Definitions:In this Act, unless the contextotherwise requires, –
(a) "Fund" means theFund of the Institute referred to in section 16;
(b) "Governing Body"means the Governing Body of the Institute;
(c) "Institute" meansthe institution known as the Post Graduate Institute of Medical Education andResearch, Chandigarh,incorporated under this Act;
(d) "member" means amember of the Institute;
(e) "regulation"means a regulation made by the Institute;
(f) "rule" means arule made by the Central Government.
4.Incorporation of Institute: The Post–GraduateInstitute of Medical Education and Research, Chandigarh, is hereby constituteda body corporate by the name aforesaid and as such body corporate, it shallhave perpetual succession and a common seal with power, subject to theprovisions of this Act, to acquire, hold and dispose of property and tocontract, and shall, by that name, sue and be sued.
5.Composition of Institute: The institute shall consist ofthe following members, namely: –
(a) the Vice–Chancellorof the Punjab University, ex officio;
(b) the Director–Generalof Health Service, Government of India, ex officio;
(c) the Director of theInstitute, ex officio;
(d) three representatives ofthe Central Government to be nominated by that Government, one each from theMinistry of Finance, Ministry of Education and Ministry of Health and FamilyPlanning;
(e) seven persons of whom oneshall be non–medical scientist representing the Indian Science CongressAssociation, to be nominated by the Central Government;
(f) four representatives of themedical faculties of Indian Universities to be nominated by the CentralGovernment in the manner prescribed by rules; and
(g) three members of Parliamentof whom two shall be elected from among themselves by the members of the Houseof the People (Lok Sabha) and one from among themselves by the members of theCouncil of States (Rajya Sabha).
6.Terms of office of, andvacancies among members: (1) Save as otherwise provided in this section, the term ofoffice of a member shall be five years from the date of his nomination orelection.
(2) The term of office of amember elected under clause (g) of section 5 shall come to an end as soon as he1 [becomes a Minister or Minister of State or DeputyMinister, or the Speaker or the Deputy Speaker of the House of the People, orthe Deputy Chairman of the Council of States, or] ceases to be a member ofthe House from which he was elected.
(3) Theterm of office of an ex officio member shall continue so long as he holds theoffice by virtue of which he is such a member.
(4) Theterm of office of a member nominated or elected to fill a casual vacancy shallcontinue for the remainder of the term of the member in whose place he isnominated or elected.
(5) Anout–going member other than a member elected under clause (g) of section5 shall, unless the Central Government otherwise directs, continue in officeuntil another person is nominated as a member in his place.
(6) Anout–going member shall be eligible for re–nomination or re–election.
(7) Amember may resign his office by writing under his hand addressed to the CentralGovernment but he shall continue in office until his resignation is accepted bythat Government.
(8) Themanner of filling vacancies among members shall be such as may be prescribed byrules.
1.Inserted by the Post-GraduateInstitute of Medical Education and Research, Chandigarh (Amendment) Act, 2001 (18 of 2001)Section 2 (w. e. f. 3-8-2001).
7.Presidentof Institute: (1) There shall be a President of the Institute whoshall be nominated by the Central Government from among the members other thanthe Director of the Institute.
(2) ThePresident shall exercise such powers and discharge such functions as are laiddown in this Act or as may be prescribed by rules or regulations.
8.Allowancesof President and members: The President and other members shallreceive such allowances, if any, from the Institute as may be prescribed byrules.
9.Meetingsof Institute: The Institute shall hold its first meeting at suchtime and place as may be appointed by the Central Government and shall observesuch rules of procedure in regard to the transaction of business at the firstmeeting as may be laid down by that Government; and thereafter the Instituteshall meet at such times and places and observe such rules of procedure inregard to the transaction of business at its meetings as may be prescribed byregulations.
10.GoverningBody and other commodities of Institute: (1) There shall be aGoverning Body of the Institute which shall be constituted by the Institute insuch manner as may be prescribed by regulations:
Providedthat the number of persons who are not members of the Institute shall notexceed one–third of the total membership of the Governing Body.
(2) TheGoverning Body shall be the executive committee of the Institute and shallexercise such powers and discharge such functions as the Institute may, byregulations made in this behalf, confer or impose upon it.
(3) ThePresident of the Institute shall be the Chairman of the Governing Body and asChairman thereof shall exercise such powers and discharge such functions as maybe prescribed by regulations.
(4) Theprocedure to be followed in the exercise of its powers and discharge of itsfunctions by the Governing Body, and the term of office of, and the manner offilling vacancies among, the members of the Governing Body shall be such as maybe prescribed by regulations.
(5)Subject to such control and restrictions as may be prescribed by rules, theInstitute may constitute as many standing committees and as many ad hoccommittees as it thinks fit for exercising any power or discharging anyfunction of the Institute or for inquiring into, or reporting or advising upon,any matter which the Institute may refer to them.
(6) TheChairman and members of the Governing Body and the Chairman and members of astanding committee or an ad hoc committee shall receive such allowances, ifany, as may be prescribed by regulations.
11.Staffof Institute:(1) There shall be a chief executive officer of theInstitute who shall be designated as the Director of the Institute and shall,subject to such rules as may be made by the Central Government in this behalf,be appointed by the Institute:
Providedthat the first Director of the Institute shall be appointed by the CentralGovernment.
(2) TheDirector shall act as the Secretary to the Institute as well as the GoverningBody.
(3) TheDirector shall exercise such power and discharge such functions as may beprescribed by regulations or as may be delegated to him by the Institute or thePresident of the Institute or by the Governing Body or the Chairman of theGoverning 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 benecessary for the exercise of its powers and discharge of its functions and maydetermine the designations and grades of such other officers and employees.
(5)Subject to such rules as may be made by the Central Government in this behalf,the Director and other officers and employees of the Institute shall be entitledto such salary and allowances and shall be governed by such conditions ofservice in respect of leave, pension, provident fund and other matters as maybe prescribed by regulations made in this behalf.
12.Objectsof Institute: The objects of the Institute shall be –
(a) todevelop patterns of teaching in undergraduate and post–graduate medicaleducation in all its branches so as to demonstrate a high standard of medicaleducation;
(b) tobring together, as far as may be, in one place educational facilities of thehighest order for the training of personnel in all important branches of healthactivity; and
(c) toattain self–sufficiency in post–graduate medical education tomeet the country’s needs for specialists and medical teachers.
13.Functionsof Institute: With a view to the promotion of the objects specifiedin section 12, the Institute may –
(a)provide for undergraduate and post–graduate teaching in the science ofmodern 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;
(d)conduct experiments in new methods of medical education, both undergraduate andpost–graduate, in order to arrive at satisfactory standards of sucheducation;
(e)prescribe courses and curricula for both undergraduate and post–graduatestudies;
(f)notwithstanding anything contained in any other law for the time being inforce, establish and maintain –
(i) oneor more medical colleges with different departments, including a department ofpreventive and social medicine, sufficiently staffed and equipped to undertakenot only undergraduate medical education but also post–graduate medicaleducation in different subjects,
(ii)one or more well–equipped hospitals,
(iii) adental college with such institutional facilities for the practice of dentistryand for the practical training of students as may be necessary,
(iv) anursing college sufficiently staffed and equipped for the training of nurses,
(v)rural and urban health organisations which will form centres for the fieldtraining of the medical dental and nursing students of the Institute as well asfor research into community health problems, and
(vi)other institutions for the training of different types of health workers, suchas physiotherapists, occupational therapists, pharmacists, drug analysts andmedical technicians of various kinds;
(g)train teachers for the different medical colleges in India;
(h)hold examinations and grant such degrees, diplomas and other academicdistinctions and titles in undergraduate and post–graduate medicaleducation as may be laid down in the regulations;
(i)institute, and appoint persons to, professorships, readerships, lectureshipsand posts of any description in accordance with regulations;
(j)receive grants from the Government and gifts, donations, benefactions, bequestsand 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 mannerwhich is considered necessary for promoting the objects specified in section12;
(l)demand and receive such fees and other charges as may be prescribed byregulations;
1 [(m) construct quarters for its staff andallot such quarters to the staff in accordance with such regulations as may bemade in this behalf;
(n)borrow money, with the prior approval of the central Government, on thesecurity of the property of the Institute;]
1 [(o)] do all such other acts and thingsas may be necessary to further the objects specified in section 12.
1.Clause (m) relettered as Clause (o) and new Clauses (m) and (n) inserted by theAll-India Institute of Medical Sciences and the Post-Graduate Institute ofMedical Education and Research, Chandigarh (Amendment) Act, 1987 (30 of 1987)Section 3.
14.Vestingof property: The properties of the Institute which had, by virtueof the Punjab Reorganisation Act, 1966(31 of 1966), vested in the CentralGovernment, shall, on the commencement of this Act, vest in the Institute.
15.Paymentto Institute: The Central Government may, after due appropriationmade by Parliament by law in this behalf, pay to the Institute in eachfinancial year such sums of money and in such manner as may be considerednecessary by that Government for the exercise of its powers and discharge ofits functions under this Act.
16.Paymentto Institute:(1) The Institute shall maintain a Fund to which shallbe credited –
(a) allmoneys provided by the Central Government.
(b) allfees and other charges received by the Institute;(Funds of Institute.)
(c) allmoneys received by the Institute by way of grants, gifts, donations, benefactions,bequests or transfers; and
(d) allmoneys received by the Institute in any other manner or from any other source.
(2) Allmoneys credited to the Fund shall be deposited in such banks or invested insuch manner as the Institute may, with the approval of the Central Government,decide.
(3) TheFund shall be applied towards meeting the expenses of the Institute includingexpenses incurred in the exercise of its powers and discharge of its functionsunder section 13.
17.Budgetof Institute: The Institute shall prepare in such form and at suchtime every year as may be prescribed by rules a budget in respect of thefinancial year next ensuing showing the estimated receipts and expenditure ofthe Institute and shall forward to the Central Government such number of copiesthereof as may be prescribed by rules.
18.Accountsand audit:(1) TheInstitute shall maintain proper accounts and other relevant records and preparean annual statement of accounts including the balance–sheet in such formas the Central Government may by rules prescribe, and in accordance with suchgeneral directions as may be issued by that Government, in consultation withthe Comptroller and Auditor–General of India.
(2) Theaccounts of the Institute shall be audited by the Comptroller and Auditor–Generalof India and any expenditure incurred by him in connection with such auditshall be payable by the Institute to the Comptroller and Auditor–Generalof India.
(3) TheComptroller and Auditor–General of India and any person appointed by himin connection with the audit of the accounts of the Institute shall have thesame rights, privileges and authority in connection with such audit as theComptroller and Auditor–General of India has in connection with theaudit of the Government accounts and, in particular, shall have the right todemand the production of books, accounts, connected vouchers and otherdocuments and papers and to inspect the offices of the Institute as well as ofthe institutions established and maintained by it.
(4) Theaccounts of the Institute as certified by the Comptroller and Auditor–Generalof India or any other person appointed by him in this behalf together with theaudit report thereon shall be forwarded annually to the Central Government andthat Government shall cause the same to be laid before both Houses ofParliament.
19.Annualreport: TheInstitute shall prepare for every year a report of its activities during thatyear and submit the report to the Central Government in such form and on orbefore such date as may be prescribed by rules and a copy of this report shallbe laid before both Houses of Parliament within one month of its receipt.
20.Pensionand provident funds: (1) The Institute shall constitute forthe benefit of its officers, teachers and other employees in such manner andsubject to such conditions as may be prescribed by regulation, such pension andprovided funds as it may deem fit.
(2)Where any such pension or provided fund has been constituted, the CentralGovernment may declare that the provisions of the Provident Fund Act, 1925(19of 1925), shall apply to such fund as if it were a Government Provident Fund.
21.Authenticationof orders and instrument of Institute: All orders and decisions ofthe Institute shall be authenticated by the signature of the President or anyother member authorised by the Institute in this behalf and all otherinstruments shall be authenticated by the signature of the Director or anyother officer of the Institute authorised in like manner in this behalf.
22.Actsand proceedings not to be invalidated by vacancies, etc.: No actdone or proceeding taken by the Institute, Governing Body or any standing or adhoc committee under this Act shall be questioned on the ground merely of theexistence of any vacancy in, or defect in the constitution of, in theInstitute, Governing Body or such standing or ad hoc committee.
23.Grantof medical degrees, diplomas, etc., by Institute: Notwithstanding anythingcontained in any other law for the time being in force, the Institute shallhave power to grant medical degrees, diplomas and other academic distinctionsand titles under this Act.
24.Recognitionof medical qualifications granted by Institute: Notwithstanding anythingcontained in the Indian Medical Council Act, 1956, the medical degrees anddiplomas granted by the Institute under this Act shall be recognised medicalqualifications for the purposes of that Act and shall be deemed to be includedin the First Schedule to that Act.
25.Controlby Central Government: The Institute shall carry out suchdirections as may be issued to it from time to time by the Central Governmentfor the efficient administration of this Act.
26.Disputesbetween Institute and Central Government: If in, or in connectionwith, the exercise of its powers and discharge of its functions by theInstitute under this Act, any dispute arises between the Institute and theCentral Government, the decision of the Central Government on such disputeshall be final.
27.Returnsand information: The Institute shall furnish to the Central Governmentsuch reports, returns and other information as that Government may require fromtime to time.
28.Transferof services of existing employees: Subject to the provisions of this Act,every person who is employed in the Post–Graduate Institute of MedicalEducation and Research, Chandigarh, immediately before the commencement of thisAct shall, on and from such commencement, become an employee of the Instituteand shall hold his office or service therein by the same tenure, at the sameremuneration and upon the same terms and conditions and with the same rightsand privileges as to pension, leave, gratuity, provident fund and other mattersas he would have held the same on the date of commencement of this Act if thisAct had not been passed, and shall continue to do so unless and until hisemployment is terminated or until such tenure, remuneration and terms andconditions are duly altered by regulations:
Providedthat the tenure, remuneration and terms and conditions of service of any suchperson shall not be altered to his disadvantage without the previous approvalof the Central Government.
29.Continuanceof facilities at Institute: The Institute shall continue to providefacilities to the Governments of the States of Haryana and Punjab and theCentral Government in relation to the Union territories of Chandigarh andHimachal Pradesh and the people of the State and territories aforesaid and suchfacilities shall not, in any respect, be less favourable to such Government andpeople than what were being provided to them before the 1st day of November,1966 and shall be made available for such period and upon such terms andconditions (including those relating to any contributions to be made for theprovision of such facilities) as may be agreed upon between the Institute,Governments of the States of Haryana and Punjab and the Central Governmentbefore the 1st day of April, 1967, or if no agreement is reached by the saiddate, as may be fixed by order of the Central Government.
30.Powerto remove difficulties: If any difficulty arises is giving effectto the provisions of this Act, the Central Government may, within a period ofthree years from the commencement of this Act, by order published in theOfficial Gazette, make such provision or give such directions not inconsistentwith the provisions of this Act, as appears to it to be necessary or expedientfor removing the difficulty.
31.Powerto make rules: (1) The Central Government, after consultation withthe Institute, may, by notification in the Official Gazette, make rules tocarry out the purposes of this act.
Providedthat consultation with the Institute shall not be necessary on the firstoccasion of the making of rules under this section, but the Central Governmentshall take into consideration any suggestions which the Institute any make inrelation to the amendment of such rules after they are made.
(2) Inparticular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely: –
(a) themanner of nomination of members under clause (f) of section 5;
(b) thecontrol and restrictions in relation to the constitution of standing and ad hoccommittees under sub–section (5) of section 10;
(c) theconditions of service of, the procedure to be followed by, and the manner offilling vacancies among, members of the Institute;
(d) thepowers and functions to be exercised and discharged by the President of theInstitute;
(e) theallowances, if any, to be paid to the President and other members of theInstitute;
(f) thenumber of officers and employees that may be appointed by the Institute and themanner of such appointment;
(g) theform in which, and the time at which, the budgets and reports shall be preparedby the Institute and the number of copies thereof to be forwarded to theCentral Government;
(h) theform and manner in which returns and information are to be furnished by theInstituted to the Central Government;
(i) anyother matter which has to be or may be prescribed by rules.
(3)Every rule made under this section shall be laid, as soon as may be after it ismade, before each House Parliament while it is in session for a total period ofthirty days which may be comprised in one session or 1 [intwo or more successive sessions, and if, before the expiry of the sessionimmediately following the session or the successive sessions aforesaid], bothHouses agree in making any modification in the rule or both Houses agree thatthe rule should not be made, the rule shall thereafter have effect only in suchmodified from or be of no effect, as the case may be; so, however, that anysuch modification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
1.Substituted for the words "in two successive sessions, and if, before theexpiry of the session in which it is so laid or the session immediatelyfollowing" by the Delegated Legislation Provisions (Amendment) Act, 1985(4 of 1986) Section 2 and Schedule Sl. No. 72.
32.Powerto make regulations: (1) The Institute may, with the previousapproval of the Central Government, make regulations consistent with this Actand the rules made thereunder to carry out the purposes of this Act, andwithout prejudice to the generality of this power, such regulations may providefor –
(a) thesummoning and holding of meetings, other than the first meeting, of theInstitute, the time and place where such meetings are to be held, the conductof business at such meetings and the number of members necessary to form aquorum;
(b) themanner of constituting the Governing Body and standing and ad hoc committees,the term of office of, and the manner of filling vacancies among, the membersof, the Governing Body and standing and ad hoc committees;
(c) thepowers and functions to be exercised and discharged by the President of theInstitute and the Chairman of the Governing Body;
(d) theallowances, if any, to be paid to the Chairman and the members of the GoverningBody and of standing and ad hoc committees;
(e) theprocedure to be followed by the Governing Body and standing and ad hoccommittees in the conduct of their business, exercise of their powers anddischarge of their functions;
(f) thetenure of office, salaries and allowances and other conditions of service ofthe Director and other officers and employees of the Institute includingteachers appointed by the Institute;
(g) thepowers and duties of the Chairman of the Governing Body;
(h) thepowers and duties of the Director and other officers and employees of theInstitute;
(i) themanagement of the properties of the Institute;
(j) thedegrees, diplomas and other academic distinctions and titles which may begranted by the Institute;
(k) theprofessorships, readerships, lectureships and other posts which may beinstituted and persons who may be appointed to such professorships,readerships, lectureships and other posts;
(l) thefees and other charges which may be demanded and received by the Institute;
(m) themanner in which, and the conditions subject to which, pension and providentfunds may be constituted for the benefit of officers teachers and otheremployees of the Institute;
(n) anyother matter for which under this Act provisions may be made by regulations.
(2)Notwithstanding anything contained in sub–section (1), the firstregulations under this Act shall be made by the Central Government; and anyregulations so made may be altered or rescinded by the Institute in exercise ofits powers under sub–section (1).