SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY TRIVANDRUM ACT 1980

THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES ANDTECHNOLOGY, TRIVANDRUM,ACT, 1980

ACT No. 52 OF 1980

3rd December, 1980

An Act to declare the Sree Chitra Tirunal Medical Centre Societyfor Advanced Studies in Specialities, Trivandrum, in the State of Kerala, to bean institution of national importance and to provide for its incorporation andmatters connected therewith.

Be it enacted by Parliament inthe thirty–first Year of the Republicof India as follows: –

1.Short title and commencement: (1) This Act may be called theSree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, Act, 1980.

(2) It shall come into force onsuch date ¹ as the Central Government may, by notification inthe Official Gazette, appoint.

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1. 1-3-1981- Vide NotificationNo.G.S.R.254, dt.17.2.1981, Gazette of India, Pt. II. Section 3 (1)

2.Declaration of the SreeChitra, Tirunal Medical Centre Society for Advanced Studies in Specialities,Trivandrum, as an institutions of national importance: Where the objects of the SreeChitra Tirunal Medical Centre Society for Advanced Studies in Specialities,Trivandrum, in the State of Kerala, are such as to make the institution one ofnational importance, it is hereby declared that the institution, known as theSree Chitra Tirunal Medical Centre Society for Advanced Studies inSpecialities, Trivandrum, is an institution of national importance.

3.Definitions: In this Act, unless thecontext otherwise requires; –

(a) "Chairman" meansthe Chairman of the Governing Body;

(b) "Director" meansthe Director of the Institute;

(c) "Fund" means theFund of the Institute referred to in section 16;

(d) "Governing Body"means the Governing Body of the Institute;

(e) "Institute" meansthe institution known as the Sree Chitra Tirunal Institute for Medical Sciencesand Technology, Trivandrum,incorporated under this Act;

(f) "member" means amember of the Institute;

(g) "President" meansthe President of the Institute;

(h) "regulation"means a regulation made by the Institute;

(i) "rule" means arule made by the Central Government.

4.Incorporation of Institute: The Sree Chitra TirunalMedical Centre Society for Advanced Studies in Specialities, Trivandrum, ishereby constituted a body corporate by the name of Sree Chitra TirunalInstitute for Medical Sciences and technology, Trivandrum, and as such bodycorporate, it shall have perpetual succession and a common seal with power,subject to the provisions of this Act, to acquire, hold and dispose of propertyand to contract, 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 Kerala University, ex officio;

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

(c) the Director, ex officio;

(d) four members to benominated by the Central Government to represent respectively the Departmentsor, as the case may be, Ministries of that Government dealing with Science andTechnology, Health, Finance and Education;

(e) two members to be nominatedby the Government of the State of Keralato represent respectively the departments or, as the case may be, Ministries ofthat Government dealing with Planning, Science and Technology and Health;

(f) three scientists of whomtwo shall be medical scientists and one shall be a social scientist, to benominated by the Central Government in the manner prescribed by rules;

(g) three scientistsrepresenting engineering and technology to be nominated by the CentralGovernment in the manner prescribed by rules;

(h) the Head of the BiomedicalTechnology Wing of the Institute, ex officio;

(i) three representatives ofthe medical faculties of Indian Universities to be nominated by the CentralGovernment in the manner prescribed by rules; and

(j) three members of Parliamentof whom two shall be elected from among themselves by the members of the Houseof the People and one from among themselves by the members of the Council ofStates.

6.Term 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 (I) of section 5 shall come to an end as soon as heceases to be a member of the House from which he was elected.

(3) The term of office of an exofficio member shall continue so long as he holds the office by virtue of whichhe is such a member

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

(5) An outgoing member otherthan a member elected under clause (I) of section 5 shall, unless the CentralGovernment otherwise directs, continue in office until another person isnominated as a member in his place.

(6) An outgoing member shall beeligible for re–nomination or re–election

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

(8) The manner of fillingvacancies among members shall be such as may be prescribed by rules.

7.President of Institute: (1) There shall be a Presidentof the Institute who shall be nominated by the Central Government from amongthe members other than the Director.

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

8.Allowances of President andmembers: The President and othermembers shall receive such allowances if any from the Institute as may beprescribed by rules.

9.Meetings of Institute: The Institute shall hold itsfirst meeting at such time and place as may be appointed by the CentralGovernment and shall observe such rules of procedure in regard to thetransaction of business at the first meeting as may be laid down by thatGovernment; and thereafter the Institute shall meet at such times and placesand observe such rules of procedure in regard to the transaction of business atits, meetings as may be prescribed by regulations.

10.Governing Body and othercommittees of Institute: (1) There shall be a Governing Body of the Institute which shallbe constituted by the Institute in such manner as may be prescribed byregulations.

Provided that the number ofpersons who are not members of the Institute shall not exceed one–thirdof the total membership of the Governing Body.

(2) The Governing body shall bethe Executive Committee of the Institute and shall exercise such powers anddischarge such functions as the Institute may, by regulations made in thisbehalf, confer or impose upon it.

(3) The President shall be theChairman of the Governing Body land as Chairman thereof shall exercise suchpowers and discharge such functions as may be prescribed by regulations.

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

(5) Subject to such control andrestrictions as may be prescribed by rules, the Institute may constitute as maystanding committees and as many ad hoc committees as it thinks fit forexercising any power or discharging any function of the Institute or forinquiring into, or reporting or advising upon, any matter which the Institutemay refer to them.

(6) The Chairman and members ofthe Governing Body and Chairman and members of a Standing committee or an adhoc committee shall receive such allowances, if any, as be prescribed byregulations.

11.Staff of Institute: (1) There shall be a chiefexecutive officer of the Institute who shall be designated as the Director ofthe Institute and shall, subject to such rules as may be made in this behalf,he appointed by the Institute;

Provided that the firstDirector of the Institute shall be appointed by the Central Government.

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

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

(4) Subject to such rules asmay be made in this behalf, the Institute may appoint such member of otherofficers and employees as may be necessary for the exercise of the powers anddischarge of the functions and may determine the designations and grades ofsuch other officers and employees.

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

12.Objects of Institute: The objects of the Instituteshall be—

(a) to promote biomedicalengineering and technology;

(b) to provide and demonstratehigh standards of patient care in advanced medical specialities; and

(c) to develop post–graduatetraining programmes of the highest quality in advances medical specialities andbiomedical engineering and technology;

13.Functions of Institute: With a view to the promotionof the objects specified in section 12, the Institute may, ––

(a) provide for post–graduateteaching in the science of modern medicine and other allied sciences, includingphysical and biological sciences;

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

(c) conduct experiments inintegrated methods of post–graduate medical and technological educationin order to arrive at satisfactory standards of such education;

(d) prescribe courses andcurricula for post–graduate studies;

(e) provide for post–graduateteaching and training in biomedical sciences and technology;

(f) notwithstanding anything containedin any other law for the time being in force, establish and maintain: –

(i)one or more well equippedhospitals, and

(ii) one or more centres forresearch and development in biomedical technology;

(g) hold examinations and grantsuch degrees, diplomas and other academic distinctions and titles in post–graduatemedical education and biomedical technology as may be laid down in theregulations;

(h) institute and appointpersons to professorships, readerships, lectureships and posts of any descriptionin accordance with the regulations;

(i) receive grants from theGovernments and Gifts, donations, benefactions, bequests and transfers ofproperties, both movable and immovable, from donors, benefactors, testators ortransferors, as the case may be;

(j) deal with any propertybelonging to, or vested in, the Institute in any manner which is considerednecessary for promoting the objects specified in section 12;

(k) demand and receive suchfees and other charges as may be prescribed by regulations; and

(l) do all other acts andthings as may necessary to further the objects specified in section 12..

14.Vesting of property: All properties which hadvested in the Sree Chitra Tirunal Medical Centre Society for Advanced Studiesin Specialities, Trivandrum, immediately before the commencement of this Act,shall, on and from such Commencement, 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 theInstitute in each financial year such sums of money and in such manner as maybe considered necessary by that Government for the exercise of its powers anddischarge of its functions under this Act.

16.Fund of Institute: (1) The Institute shallmaintain a Fund to which shall be credited–

(a) all moneys provided by theCentral Government and the Government of Kerala

(b) all fees and other chargesreceived by the Institute;

(c) all moneys received by theInstitute by way of grants, gifts, donations, benefactions, bequests ortransfers; and

(d) all moneys received by theInstitute in any other manner or from any other source;

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

(3) The Funds Shall be appliedtowards meeting the expenses of the Institute including expenses incurred inthe exercise of its powers and discharge of its function under section 13.

17.Budget of Institute: The Institute shall prepare,in such form and at such time every year, as may be prescribed by rules, abudget in respect of the financial year next ensuing showing the estimatedreceipts and expenditure of the institute and shall forward to the CentralGovernment such number of copies thereof as may be prescribed by rules.

18.Accounts and audit: (1) The Institute shallmaintain proper accounts and other relevant records and prepare an annualstatement of accounts including the balance–sheet in such form as theCentral Government may, by rules prescribe, and in accordance with such generaldirections as may be issued by that Government, in consultation with theComptroller and Auditor–General of India.

(2) The accounts of theInstitute shall be audited buy the Comptroller and Auditor–General ofIndia and any expenditure incurred by him in connection with such audit shallbe payable by the Institute to the Comptroller and Auditor–General ofIndia.

(3) The Comptroller and Auditor–Generalof India and any person appointed by him in connection with the audit of theaccounts of the Institute shall have the same rights, privileges and authorityin connection with such audit as the Comptroller and Auditor–General ofIndia has in connection with the audit of the Government accounts and, inparticular, shall have the right to demand the production of books, accounts,connected vouchers and other documents and papers and to inspect the officersof the Institute as well as of the institutions established and maintained byit.

(4) The accounts of theInstitute as certified by the Comptroller and Auditor–General of Indiaor any other person appointed by him in this behalf together with the auditreport thereon shall be forwarded annually to the Central Government and thatGovernment shall cause the same to be laid before both Houses of Parliament

19.Annual report: The Institute shall preparefor every year a report of its activities during that year land submit thereport to the Central Government in such form and on or before such date as maybe prescribed by rules and a copy of the report shall be laid, as soon as maybe after it is received, before both Houses of Parliament.

20.Pension and provident funds: (1) The Institute shallconstitute for the benefit of its officers, teachers and other employees insuch manner and subject to such conditions as may be prescribed by regulations,such pension and provident funds as it may deem fit.

(2) Where any such pension orprovident fund has been constituted, the Central Government may declare thatthe provisions of the Provident Funds Act, 1925, shall apply to such fund as ifit were a Government Provident Fund.

21.Authentication of orders andinstruments of Institute: All orders and decisions of the Institute shall be authenticatedby the signature of the President or any other member authorised by theInstitute in this behalf, and all other instruments shall be authenticated bythe signature of the Director or any other officer of the Institute authorisedin like manner in this behalf.

22.Acts and proceedings not tobe invalidated by vacancies, etc.: No act done or proceeding taken by the Institute, Governing Bodyor any standing or ad hoc committee under this Act shall be questioned on theground merely of the existence of any vacancy in, or defect in the constitutionof, the Institute, Governing Body or such standing or ad hoc committee.

23.Grand of medical degrees,diplomas, etc., by Institute: Notwithstanding anything contained in any other low for the timebeing in force, the Institute shall have power to grant medical degrees,diplomas and other academic distinctions and titles under this Act

24.Recognition of medicalqualification granted by Institute: Notwithstanding anything contained in the IndianMedical Council Act, 1956, the medical degrees and diplomas granted by theInstitute under this Act shall be recognised medical qualifications for thepurposes of that Act and shall be deemed to be included in the First Scheduleto that Act.

25.Control by CentralGovernment: TheInstitute shall carry out such directions as may be issued to it from time totime by the Central Government for the efficient administration of this Act.

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

27.Returns and information: The Institute shall furnish tothe Central Government such reports, returns and other information as thatGovernment may require form time to time

28.Transfer of service ofexisting employees: Subject to the provisions of this Act, every person who wasemployed in the Sree Chitra Tirunal Medical Centre Society for Advanced Studiesin Specialities, Trivandrum, immediately before the commencement of this Actshall, on and from such commencement, become an employee of the Institute andshall 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 leave, pension gratuity, provident fund and other mattersas he would have held the same on the date of commencement of this Act if thisAct had not be 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;

Provided that the tenure,remuneration and terms and conditions of service of any such person shall notbe altered to his disadvantage without the previous approval of the CentralGovernment.

29.Continuance of facilities atInstitute: The Institute shall continueto provide facilities to the Government and people of the State of Kerala andthe Central Government and such facilities shall not, in any respect, be lessfavourable to the said Governments and people that what were being provided tothem before the commencement of this Act and shall be made available for suchperiod and upon such terms and conditions (including those relating to anycontributions to be made for the provision of such facilities) as may be agreedupon between the Institute, the Government of the State of Kerala and theCentral Government.

30.Power to removedifficulties: If anydifficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, within a period of three years from the commencement of thisAct, by order published in the Official Gazette, make such provisions or givesuch directions not inconsistent with the provisions of this Act, as appears toit to be necessary or expedient for removing the difficulty.

31.Power to make rules: (1) The Central Government,after consultation with the Institute may, by notification in the OfficialGazette, make rules to carry out the purposes of this Act.

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

(2) In particular and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely;

(a)the manner of nomination ofmembers under clauses (f), (g) and (i) of section 5;

(b) the manner fillingvacancies among members under section 6;

(c) the powers and functions tobe exercised and discharged by the President under sub–section (2) ofsection 7;

(d) the allowances, if any, tobe paid to the President and other members under section 8;

(e) the control andrestrictions in relation to the constitution of standing and ad hoc committeesunder sub–section (5) of section 10;

(f) the appointment of theDirector under sub–section (1) of section 11;

(g) the number of officers andemployees that may be appointed by the Institute and the manner of suchappointment, under sub–section(4) of section 11;

(h) the salaries and allowancesto be paid to the Director and other officers and employees of the Instituteunder sub–section (5) of section 11;

(i) the form in which, and thetime at which, the budget shall be prepared by the Institute and the number ofcopies thereof to be forwarded to the Central Government under section 17

(j) the form in which an annualstatement of accounts including the balance–sheet shall be prepared bythe Institute under sub–section (1) of section 18;

(k) the form in which and thedate before which, the report of the activities of the Institute shall besubmitted to the Central Government under section 19;

(l) the form and manner inwhich reports, returns and other information are to be furnished by theInstitute to the Central Government under section 27;

(m) any other matter which hasto be or may be prescribed by rules.

32.Power to make regulations: (1) The Institute may, withthe previous approval of the Central Government, make regulations consistentwith this Act and the rules made thereunder to carry out the purposes of thisAct, and without prejudice to the generality of this power, such regulationsmay provide for–

(a) the powers and functions tobe exercised and discharged by the President under sub–section (2) ofsection 7;

(b) the summoning and holdingof meetings, other than the first meeting, of the Institute under section 9,the time and place where such meetings are to be held, the conduct of businessat such meetings and the number of members necessary to form a quorum;

(c) the manner of constitutingthe Governing Body and standing and ad hoc committees under section 10, theterm of office of and the manner of filling vacancies among, the members of theGoverning Body and standing and ad hoc committees;

(d) the powers and functions tobe exercised and discharged by the Governing Body and Chairman under sub–section(2) land (3) of section 10.

(e) the allowances, if any, tobe paid to the Chairman and the members of the Governing Body and of standingand ad hoc committees under sub–sections (6) of section 10;

(f) the procedure to befollowed by the Governing Body and standing and ad hoc committees in theconduct of their business, exercise of their powers and discharge of theirfunctions under section 10;

(g) the powers and functions tobe exercised and discharged by the Director under sub–section (3) ofsection 11;

(h) the tenure of office,salaries and allowances and other conditions of service of the Director andother officers and employees of the Institute including teachers appointed bythe Institute under sub–section (5) of section 11;

(i) the management of theproperties of the Institute under section 13;

(j) the degrees, diplomas andother academic distinctions and titles which may be granted by the Institute underclause (g) of section 13;

(k) the professorships,readerships, lecturerships and other posts which may be instituted and personswho may be appointed to such professorships, readerships, lectureships andother posts under clause (h) of section 13;

(l) the fees and other chargeswhich may be demanded and received by the Institute under clause(k) of section13;

(m) the manner in which, andthe conditions subject to which, pension and provident funds may be constitutedfor the benefit of officers, teachers and other employees of the Instituteunder sub–section (1) of section 20;

(n) matters relating to tenureof office, remuneration and terms and conditions of service of the personsreferred to in section 28;

(o) any other matter for whichunder this Act provisions may be made by regulations.

(2) Notwithstanding anythingcontained in sub–section (1), the first regulations under this Act shallbe made by the Central Government; and any regulations so made may be alteredor rescinded by the Institute in exercise of its power under sub–section(1)

33.Rules and Regulations to belaid before Parliament: Every rule and every regulation made under this Act shall belaid, 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 becomprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule orregulation or both the Houses agree that the rule or regulations should not bemade, the rule or regulation shall thereafter have effect only in such modifiedform or be of no effect, as the case may be, so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule or regulation.