Act No.25 OF 1956
An Act to provide for the
establishment of an All-India Institute of Medical Sciences.
[2nd June, 1956]
BE it enacted by Parliament in the
Seventh Year of the Republic of India, as follows:
Comment: The Act seeks to provide for
measures that would help in improving professional competence
amongst medical practitioners by addressing the issue of medical
education
1.Short title and commencement.- (1) This
Act may be called the All-India Institute of Medical Sciences Act,
1956.
(2) It shall come into force on
such date {15th November, 1956, vide S.R.O.No.2688 dated 6 - 11-
1956, see Gazette of India, Part II, Sec.3, p.1995.} as the Central
Government may, by notification in the Official Gazette,
appoint.
2.Definitions.- In this Act, unless
the context otherwise requires,
(a) 'Fund' means the fund of the
Institute referred to an section 16;
(b) "Governing Body" means the
Governing Body of the Institute;
(c) 'Institute' means the All-India
Institute of Medical Sciences established under section 3;
(d) 'member' means a member of the
Institute;
(e) 'regulation' means a regulation
made by the Institute;
(f) 'rule' means a rule made by the
Central Government.
3.Establishment and incorporation of the
Institute.- (1) With effect from such date
as the Central Government may, by notification in the Official
Gazette, appoint in this behalf, there shall be established for the
purposes of this Act an institution to be called the All-India
Institute of Medical Sciences.
(2) The Institute shall be a body
corporate by the name aforesaid having perpetual succession and a
common seal, with power to acquire, had 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.- The
Institute shall consist of the following members, namely:
(a) the Vice-Chancellor of the
Delhi University, ex officio;
(b) the Director-General of Health
Services, Government of India, ex officio;
(c) the Director of the Institute,
ex officio;
(d) two representatives of the
Central Government to be nominated by that Government, one from the
Ministry of Finance and one from the Ministry of Education;
(e) five persons of whom one shall
be a non-medical scientist representing the Indian Science Congress
Association, to be nominated by the Central Government;
(f) four representatives of the
medical faculties of Indian Universities to be nominated by the
Central Government in the manner prescribed by rules; and
(g) 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.
5.Declaration of the Institute as an institution
of national importance.- It is hereby declared that the
Institute shall be an institution of national importance.
6.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;
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 ceases to be a member of the House from which he was
elected.
(2) The term of office of an ex
officio member shall continue so long as he holds the office in
virtue of which he is such a member.
(3) 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.
(4) An out-going member shall,
unless the Central Government otherwise directs, continue in office
until another person is nominated or elected as a member in his
place.
(5) An out-going member shall be
eligible for re-nominating or re-election.
(6) A member may resign his office
by writing under his hard addressed to the Central Government but he
shall continue in office until his resignation is accepted by that
Government.
(7) The Manner of filling vacancies
among members shall be such as may be prescribed by rules.
7.President of the Institute.- (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 an may be prescribed by rules or regulations.
8.Allowances of President and
members.- The President and members shall
receive such allowances, if any, from the Institute as may be
prescribed by rules.
9.Meetings of the 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 at its meeting
as may be prescribed by regulation.
10.Governing Body and other Committees of the
Institute.- (1) There shall be a Governing Body
of the Institute which shall be constituted by the Institute from
among its members in such manner as may be prescribed by
regulations.
(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, by regulations
made in this behalf, confer or impose upon it.
(3) The President of the Institute
shall be the Chairman of the Governing Body and as Chairman thereof
shall exercise such powers and discharge such functions as may be
prescribed by regulations.
(4) The Procedure to be followed in
the 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 prescribed by regulations.
(5) Subject to such control and
restrictions as may be prescribed by rules, the Institute may
constitute as many standing committees and as many ad hoc committees
as it thinks fir 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) A standing committee shall
consist exclusively of members of the Institute; but an ad hoc
committee may include persons who are not members of the Institute
but the number of such persons shall not exceed one-half of its
total membership.
(7) The Chairman and members of the
Governing Body and the Chairman and members of a standing committee
or an ad hoc committee shall receive such allowances, it any, as may
be prescribed by regulations.
11.Staff of the Institute.- (1)
There shall be a chief executive officer of the Institute 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:
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 exercise
such powers and discharge such functions as may be prescribed by
regulations or as may be delegated to him by the Institute or the
President of the Institute or by the Governing Body or the Chairman
of the Governing 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 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.
(5) 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 prescribed by regulations made in this behalf.
12.Location of the Institute.- The
Institute shall be located in New Delhi.
13.Objects of the 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
to all medical colleges and other allied institutions in India;
(b) to bring together 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.
14.Functions of the Institute.- With a
view to the promotion of the objects specified in section 13, 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 the various branches of such sciences;
(c) provide for the teaching of
humanities in the under graduate courses;
(d) Conduct experiments in new
methods of medical education, both undergraduate and postgraduate,
in order to arrive at satisfactory standards of such education;
(e) prescribe 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 and medical technicians of
various kinds;
(g) train teachers for the
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, reader ships, lectureships 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
considered necessary for promoting the objects specified in section
13;
(l) demand and receive such fees
and other charges as may be prescribed by regulations;
(m) do all such other acts and
things as may be necessary to further the objects specified in
section 13.
15.Payment to the Institute.- The
Central Government may, under 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 the 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 powers and discharge of its
functions under section 14.
17.Budget of the Institute.- The
Institute shall prepare in such form and at such time every year as
may be prescribed by rules 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 by rules.
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 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 appointed 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
another 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.
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 by rules 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 prescribed 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 the orders and instruments of
the Institute.- All orders and decisions of the
Institute shall be authenticated by the signature of the President
or any other member authorised by the Institute in this behalf and
all other instruments shall be authenticated by the signature of the
Director or any other officer of the Institute authorised in like
manner in this behalf.
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 of such standing or ad hoc committee.
23.Recognition of medical qualifications granted
by the Institute.- Notwithstanding anything contained
in the Indian Medical Council Act, 1933 (27 of 1933), the medical
degrees and diplomas granted by the Institute under this Act shall
be recognised medical qualification for the purposes of that Act and
shall be deemed to be included in the First Schedule to that
Act.
24.Grant of medical degrees, diplomas, etc., by
the Institute.- Notwithstanding anything contained
in any other law for the time being in force, the Institute shall
have power to grant medical degrees, diplomas and other academic
distinctions and titles under this Act.
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.Disputes between the Institute and the Central
Government.- If in, or in connection with, the
exercise of its powers and discharge 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
on such dispute 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.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 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, name
(a) the manner of nomination of
members under clause (f) of section 4;
(b) the control and restrictions in
relation to the constitution of standing and ad hoc committees under
sub-section (5) of section 10;
(c) the conditions of service of,
the procedure to be followed by, and the manner of filling vacancies
among, members of the Institute;
(d) the powers and functions to be
exercised and discharged by the President of the Institute;
(e) the allowances, if any, to be
aid to the President and members of the Institute;
(f) the number of officers and
employees that may be appointed by the Institute and the manner of
such appointment;
(g) the form in which and the time
at which the budget and reports shall be prepared by the Institute
and the number of copies thereof to be forwarded to the Central
Government;
(h) the form and manner in which
returns and information are to b furnished by the Institute to the
Central Government;
(i) any other matter which has to
be or may be prescribed by rules.
(3) All rules made under this
section shall, as soon as may be after they are made, be laid before
both Houses of Parliament.
29.Power make regulations.- (1) The
Institute may, with the previous approval of the Central Government,
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
(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, the conduct of
business at such meetings and the number of members necessary to
form a quorum;
(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 among, the members
of, the Governing body and standing and ad hoc committees;
(c) the powers and functions to be
exercised and discharged by the President of the Institute and the
Chairman of the Governing Body;
(d) the allowances, if any, to be
paid to the Chairman and the members of the Governing Body and of
standing and ad hoc committees;
(e) the procedure to be followed by
the Governing Body and standing and ad hoc committees in the conduct
of their business, exercise of their powers and discharge of their
functions;
(f) the tenure of office, salaries
and allowances and other conditions of service of the Director and
other officers and employees of the Institute including teachers
appointed by the Institute;
(g) the powers and duties of the
Chairman of the Governing Body;
(h) the powers and duties of the
Director and other officers and employees of the Institute;
(i) the management of the
properties of the Institute;
(j) the degrees, diploma and other
academic distinctions and titles which may be granted by the
Institute.
(k) the professorships,
readerships, lecturerships and other posts which may be instituted
and persons who may be appointed to such professorships,
readerships, lectureships and other posts;
(l) the fees and other charges
which may be demanded and received by the Institute;
(m) 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;
(n) any other matter for which
under this Act provisions may be made by regulations;
(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).