[2nd June, 1956.] An Act to provide for the establishment of [1][All-India Institutes of Medical Sciences].
BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the [2][All-India Institutes of Medical Sciences] Act, 1956.
(2) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint.
[4][(a) “corresponding Institute” means the Institutes referred to in column (3) of the Table given under section 27A;
(aa) “existing Institute” means the All-India Institute of Medical Sciences,—
Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012); and
(ab) “Fund” means the Fund of the Institute referred to in section 16;]
5[(g) “society” means the society referred to in column (2) of the Table given under section 27A.]
[6][Provided that the Central Government may, on and after the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 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 Institutes.]
(2) [7][Every Institute] shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
4. Composition of the Institute.—[8][Every Institute] shall consist of the following members, namely:—
[9][(a) in the case of existing Institute, the Vice-Chancellor of 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) Act, 2012 (37 of 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;]
Congress Association, to be nominated by the Central Government;
[10][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) Act, 2012 (37 of 2012), under section 5 as it stood before such commencement, shall continue to be an institution of national importance.
6. Term of office of, and vacancies among, members.—(1) Save as otherwise provided in the section, the term of office of a member shall be five years from the date of his nomination or election:
Provided that the term of office of a member elected under clause (g) of section 4 shall come to an end as soon as he [11][becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States or] ceases to be a member of the House from which he was elected.
7. President of the Institute.—(1) There shall be a [12][President for every Institute] who shall be nominated by the Central Government from among the members other than the Director of the Institute.
[13][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) Act, 2012 (37 of 2012), till such date the Central Government nominates a separate President for every corresponding Institute and other Institutes established after such commencement.]
(2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations.
[15][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.]
[18][Provided that the provisions relating to holding of the first meeting shall not apply to the existing
Institute.]
[20][Provided that the Governing Body of the existing Institute, constituted before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.]
[25][Provided that the Standing Committee of the existing Institute constituted, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to have been constituted under this section.]
11. Staff of the Institute.—(1) There shall be a [26][chief executive officer of every Institute] who shall be designated as the [27][Director of such Institute] and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the Institute:
[28][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) Act, 2012 (37 of 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) Act, 2012, such Director shall be deemed to be the first Director of the concerned corresponding Institute.]
[29][(1A) 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:
Provided that any person holding office as a Director immediately before the commencement of the All-India Institute of Medical Sciences and the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 (42 of 2007), shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Director and shall be entitled to claim compensation not exceeding three months’ pay and allowances for the premature termination of his office or of any contract of service.]
[30][12. Location of the Institute.—(1) The existing Institute shall be located at New Delhi.
(1) demand and receive such fees and other charges as may be prescribed by regulations;
[33][(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;
(n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;]
[36][Provided that the Fund maintained by the existing Institute and the society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the Fund maintained under this section.]
[43][Provided that the pension and provident fund constituted by the existing Institute or society, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012), shall be deemed to be the pension and provident fund under this section.]
(2) Where any such pension or provident fund has been constituted the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.
[47][23. Recognition of Medical, dental and nursing qualifications granted by the Institute.— Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act, 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 (48 of 1947), the medical, dental or nursing degrees or diplomas, as the case may be, granted by 7[every Institute] under this Act shall be recognised—
Institute.—Notwithstanding anything contained in any other law for the time being in force, [49][every Institute] shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and title under this Act.]
[51][27A. 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 Number |
Society |
|
Corresponding Institute and place of its location |
|
(1) |
(2) |
|
(3) |
|
1. |
All-India Institute of Sciences, Bhopal |
Medical |
All-India Institute of Medical Sciences, Bhopal (Madhya Pradesh). |
|
2. |
All-India Institute of Sciences, Bhubaneswar |
Medical |
All-India institute of Medical Sciences, Bhubaneswar (Odisha). |
|
3. |
All-India Institute Sciences, Jodhpur |
of |
Medical |
All-India Institute of Medical Sciences, Jodhpur (Rajasthan). |
4. |
All-India Institute Sciences, Patna |
of |
Medical |
All-India Institute of Medical Sciences, Patna (Bihar). |
5. |
All-India Institute Sciences, Raipur |
of |
Medical |
All-India Institute of Medical Sciences, Raipur (Chhattisgarh). |
6. |
All-India Institute Sciences, Rishikesh |
of |
Medical |
All-India Institute of Medical Sciences, Rishikesh (Uttarakhand).] |
27B. Effect of incorporation of Institutes.—(1) On and after the commencement of the All-India
Institute of Medical Sciences (Amendment) Act, 2012,—
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government;
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, absorption of any employee by the corresponding Institutes in its regular service under this section shall not entitle such employee to any compensation under this Act or any other law and no such claim shall be entertained by any court, tribunal or other authority.
27C. Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A.—All provisions of this Act shall, mutatis mutandis, apply to the societies, referred to in column (2) of the Table given under section 27A, incorporated into All-India Institutes of Medical Sciences referred to in column (3) of the said Table.
27D. Power to make transitory provisions for Institutes (other than existing Institute).—(1) The Central Government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding Institutes (other than the existing Institute), by notification in the Official Gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such Institutes:
Provided that no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012 (37 of 2012).
(2) Every notification issued under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]
28. Power to make rules.—(1) The Central Government, after consultation with [52][all the Institutes], may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
[53][(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;]
[55][(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
29. Power to make regulations.—[56][Every Institute] [57][, 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—
Institute;
[58][Provided that the regulations made by the existing Institute, before the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing Institute in accordance with the provisions of this section.]
(2) Until the Institute is established under this Act, any regulation which may be made under sub-section (1) may be made by the Central Government, and any regulation so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).
1[Provided that every corresponding Institute shall, within three months of the date of the commencement of the All-India Institute of Medical Sciences (Amendment) Act, 2012, make regulations.]
[59][(3) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]
[1] . Subs. by Act 37 of 2012, s. 2, for “an All-India Institute of Medical Sciences” (w.e.f. 16-7-2012).
[2] . Subs. by s. 3, ibid., for “All-India Institute of Medical Sciences” (w.e.f. 16-7-2012).
[3] . 15th November, 1956, vide notification No. S. R. O. 2688, dated 6th November, 1956, see Gazette of India, Extraordinary, Part II, s. 3 and this Act has been extended in its application to the Union territory Goa, Daman and Diu by the Act 11 of 1963, s. 3 and the Schedule (w.e.f 1-2-1965).
[4] . Subs. by Act 37 of 2012, s. 4, for clause (a) (w.e.f. 16-7-2012).
[5] . Ins. by s. 4, ibid. (w.e.f. 16-7-2012).
[6] . The proviso ins. by s. 5, ibid. (w.e.f. 16-7-2012).
[7] . Subs. by Act 37 of 2012, s. 5, for “The Institute” (w.e.f. 16-7-2012).
[8] . Subs. by s. 6, ibid., for “The Institute” (w.e.f. 16-7-2012).
[9] . Subs. by s. 6, ibid., for clause (a) (w.e.f. 16-7-2012).
[10] . Subs. by s. 7, ibid., for section 5 (w.e.f. 16-7-2012).
[11] . Ins. by Act 33 of 2000, s. 2 (w.e.f. 25-8-2000).
[12] . Subs. by Act 37 of 2012, s. 8, for “President of the Institute” (w.e.f. 16-7-2012).
[13] . Ins. by s. 8, ibid. (w.e.f. 16-7-2012).
[14] . Subs. by s. 9, ibid., for “from the Institute” (w.e.f. 16-7-2012).
[15] . Ins. by s. 9, ibid. (w.e.f. 16-7-2012).
[16] . Subs. by s. 10, ibid., for “The Institute shall” (w.e.f. 16-7-2012).
[17] . Subs. by s. 10, ibid., for “the Institute shall meet” (w.e.f. 16-7-2012).
[18] . Ins. by s. 10, ibid. (w.e.f. 16-7-2012).
[19] . Subs. by s. 11, ibid., for “a Governing Body of the Institute which shall be constituted by the Institute” (w.e.f. 16-7-2012).
[20] . Ins. by s. 11, ibid. (w.e.f. 16-7-2012).
[21] . Subs. by s. 11, ibid., for “the Institute” (w.e.f. 16-7-2012).
[22] . Subs. by Act 37 of 2012, s. 11, for “the Institute may constitute” (w.e.f. 16-7-2012).
[23] . Subs. by s. 11, ibid., for “functions of the Institute” (w.e.f. 16-7-2012).
[24] . Subs. by s. 11, ibid., for certain words (w.e.f. 16-7-2012).
[25] . Ins. by s. 11, ibid. (w.e.f. 16-7-2012).
[26] . Subs. by s. 12, ibid., for “chief executive officer of the Institute” (w.e.f. 16-7-2012).
[27] . Subs. by s. 12, ibid., for “Director of the Institute” (w.e.f. 16-7-2012).
[28] . Subs. by s. 12, ibid., for the proviso (w.e.f. 16-7-2012).
[29] . Ins. by Act 42 of 2007, s. 2 (w.e.f. 30-11-2007).
[30] . Subs. by Act 37 of 2012, s. 13, for section 12 (w.e.f. 16-7-2012).
[31] . Subs. by s. 14, ibid., for “the Institute” (w.e.f. 16-7-2012).
[32] . Subs. by s. 15, ibid., for “the Institute” (w.e.f. 16-7-2012).
[33] . Ins. by Act 30 of 1987, s. 2 (w.e.f. 8-9-1987).
[34] . Subs. by Act 37 of 2012, s. 16, for “the Institute” (w.e.f. 16-7-2012).
[35] . Subs. by s. 17, ibid., for “The Institute” (w.e.f. 16-7-2012).
[36] . Ins. by s. 17, ibid. (w.e.f. 16-7-2012).
[37] . Subs. by s. 18, ibid., for “The Institute shall prepare” (w.e.f. 16-7-2012).
[38] . Subs. by s. 18, ibid., for “expenditure of the Institute” (w.e.f. 16-7-2012).
[39] . Subs. by s. 19, ibid., for “The Institute” (w.e.f. 16-7-2012).
[40] . Subs. by Act 37 of 2012, s. 19, for “the Institute” (w.e.f. 16-7-2012).
[41] . Subs. by s. 19, ibid., for “The Institute” (w.e.f. 16-7-2012).
[42] . Subs. by s. 20, ibid., for “The Institute” (w.e.f. 16-7-2012).
[43] . Ins. by s. 20, ibid. (w.e.f. 16-7-2012).
[44] . Subs. by s. 21, ibid., for “decisions of the Institute” (w.e.f. 16-7-2012).
[45] . Subs. by s. 21, ibid., for “officer of the Institute” (w.e.f. 16-7-2012).
[46] . Subs. by s. 22, ibid., for “the Institute” (w.e.f. 16-7-2012).
[47] . Subs. by Act 24 of 2002, s. 2, for section 23 (w.e.f. 24-5-2002).
[48] . Subs. by Act 24 of 2002, s. 3, for section 24 (w.e.f. 24-5-2002).
[49] . Subs. by Act 37 of 2012, s. 22, for “the Institute” (w.e.f. 16-7-2012).
[50] . Subs. by s. 22, ibid., for “The Institute” (w.e.f. 16-7-2012).
[51] . Ins. by s. 23, ibid. (w.e.f. 16-7-2012).
[52] . Subs. by Act 37 of 2012, s. 24, for “the Institute” (w.e.f. 16-7-2012).
[53] . Ins. by Act 37 of 2012, s. 24 (w.e.f. 16-7-2012).
[54] . Subs. by s. 24, ibid., for “the Institute” (w.e.f. 16-7-2012).
[55] . Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-5-1986).
[56] . Subs. by Act 37 of 2012, s. 25, for “The Institute” (w.e.f. 16-7-2012).
[57] . Subs. by Act 4 of 1986, s. 2 and the Schedule, for “may, with the previous approval of the Central Government” (w.e.f. 15-5-1986).
[58] . Ins. by Act 37 of 2012, s. 25 (w.e.f. 16-7-2012).
[59] . Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).