The Nagaland Communization of Public Institute
& Services (Amendments ) Act 2004.
Received the assent of the Governor of Nagaland on 29/06/2004 and
published in the Nagaland Gazette Extraordinary dated: 28th of September, 2004.
An
-Act-
Whereas it is expedient to extend the empowerment of community and
delegation of the powers and functions of the State Government to the local
authorities beyond the village or an area covering two or more villages to other
area or areas or part or parts thereof to exercise the powers and to discharge the
functions provided under the Nagaland Communitisation of Public Intitution
and Service Act 2002 (Act of No. 2 of 2002)
Be'enacted in the fiftyfith year of the republic in India as follows:
1. Short title, extend and commencement:
(i) This act shall be called the Nagaland Conmunitization of Public
Institution and Services (Amendment) Act of 2004.
(ii) It shall extend to the whole of Nagaland.
(iii) It shall come into force on such date as the State Government may be
direct by notification.
2. The following words "or other area or areas or part or parts thereof' shall be
inserted after the words "two or more villages" as appearing at section 3 of
the Principal Act no. 2 of 2002.
Provided further that after taking due option by a separate order, the state
government may direct that the Grade IV employees be transferred to the Naga
Hospital Authority along with the posts under the same conditions of service and
in respect of such employees, the Naga Hospital Authority shall be treated as the
appointing Authority.
(2) The Director and other officers and employees of the Naga Hospital
Authority shall be entitled to such salary and allowance as may be prescribed
and shall be governed by such condition of service in respect of leave,
provident fund and other matters as may be prescribed by rules.
(3) The conditions of service of the officers and employees so placed under
Proviso to Sub Section (1) above shall not be varied except in accordance
with any rules that may be made by the State Government in this behalf
of any rules that may be in force governing similar category of officers
and employees at the Governing of this Act.
-6-
(4) For the purpose of the placing the officers and employees of the State
Government from time to time at the disposal of the Naga Hospital
Authority, selection shall be made at a regular interval corresponding to
the term of deputation in accordance with the procedure as may be
prescribed by rules.
Provided that the selection and placement of officers and employees
of the state government shall be made by the appropriate of the state
government after due consultation with the Naga Hospital Authority.
14. Transfer of asset and liabilities of State Government etc. to the Naga
Hospital Authority:
(1) As from the appointed day in relation to the Naga Hospital- all properties,
assets and funds vested in the state government before such day shall
vest in the Naga Hospital Authority.
(2) All debts, obligations and liabilities incurred by the Naga Hospital
Authority after the appointed day shall be discharged by the Naga Hospital
Authority.
15. Power to borrow:
The Naga Hospital Authority may raise loan from the central government
or the state government or from any other sources as may be approved by the state
government.
Provided that the Naga Hospital Authority shall take such measures for
generating income to liquidate whole or part of the loan moneys, as may be further
directed by the state government in this behalf.
16. Funds of the Naga Hospital Authority:
(1) The Naga Hospital Authority shall maintain a fund to which shall be
credited-
a. All moneys provided by the state government.
b. All moneys received by the Naga Hospital Authority by way of grants,
gifts, donations, benefactions, bequests or transfers,
c. All fees and other charges received by the Naga Hospital Authority in
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 Naga Hospital Authorit) may decide subject
to regulations that may be made in this behalf.
-7-
(3) The Fund shall be applied towards meeting the expenses of the Naga
Hospital Authority including the expenses incurred in the exercise of its
powers and discharge of its functions.
17. Budget of the Naga Hospital Authority:
The Naga Hospital Authority shall prepare in such form and at such time
every year as may be prescribed by rules in respect of every financial year showing
its estimated receipts and expenditure and forward to the State Government such
number of copies in a manner as may be prescribed by rules.
18. Accounts and audit:
(I) The Naga Hospital Authority shall maintain proper accounts and other
relevant records and prpare an annual statement of accounts including the
balance sheet in such foiiu as the state government may by rules prescribe.
(2) The accounts of the Naga Hospital Authority shall be audited in such
manner as may be prescribed by rules made in this behalf.
(3) The audit report shall be forwarded to the state government and the state
government shall cause the same to be laid before the State Legislative
Assembly.
19. Annual report;
The Naga Hospital Authority shall prepare for every year a report of its
activities during that year and submit the report to the State Government in such
form and in such manner as may be prescribed by rules and the State Government
shall cause. the same to be laid before the State Legislative Assqrnbly.
20. Powers of State Government to issue directions and policy guidelines:
The state government may, from time to time, issue such directions or
policy guidelines, not inconsistent with provisions of this Act or the rules made
there under, as it may consider necessary, to the Naga Hospital Authority for the
purpose of performing its functions under this act and it shall be the duty of the
Naga Hospital Authority to perform such directions or policy guidelines.
21. Dispute between the Naga Hospital Authority and the State Government:
If in connection with the exercise of its powers and discharge of its
functions under this Act any disputes arises between the Naga Hospital Authority
and the State Government, the decision of the State Government on such disputes
shall be final.
-8-
22. Power to make rules:
(1) The state government after consultation with the Naga Hospital Authority,
may, by notification in the Official Gazette make rules to carry out the
purpose of this Act:
Provided that consultation with the Naga Hospital Authority shall not be
necessary on the first occasion of the making of rules under this section
but the section but the state government shall take into consideration any
suggestion which the Naga Hospital Authority 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.
(a) The manner of nomination of members under Section 6;
(b) The control and restrictions in relation to the constitution of standing
and adhoc committees under Section 11;
(c) The conditions of, service of the procedure to be followed by, and
the manner of filling vacancies among members of the Naga
Hospital Authority;
(d) The powers and functions to be exercised and discharged by Naga
Hospital Authority;
(e) The allowances, if any, to be paid to the members of the governing
body;
(f) The number of officers and employees that may be appointed by
Naga Hospital Authority and the manner of such appointment;
(g) The form in which and thee time at which the budget and reports
shall be prepared by the naga hospital authority and the numbers of
copies thereof to be forwarded to the state government;
(h) The form and manner in which returns and information are to be
furnished by the Naga Hospital Authority to the state government;
(1) Any other matter which has to be or may be prescribed by rules;
(3) Every rule made under this Section by the State Government shall be laid
as soon as after it is made before the State Legislative Assembly;
23. Powers to make regulations:
(1) The Naga Hospital Authority, with the previous approval of the state
government, may, by notification in the Official Gazette, make regulations
consistent with this Act and the rules made there under to carry out the
purposes of this act and without prejudice to the generality of this power,
such regulations may provide for;
-9-
(a) The summoning and holding of meetings other than the first meeting
of the Naga Hospital Authority. The time and place where such
meeting 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 standing and Adhoc Committees.
The term of office of and the manner of filling vacancies among
the members of the Standing and Adhoc Committees;
(c) The powers and functions to be exercised and discharged by the
Chairman of the Governing Body;
(d) The allowance, if any, to be paid to the Chairman and the members
of the Governing Body and of Standing and Adhoc Committees;
(e) The procedure to be followed by the Governing Body and Standing
and Adhoc Committees in the conduct of their business, exercise
of their powers and discharges of their functions;
(f) The tenure of office, salaries and allowance and other conditions
of services of the Director and other officers and employees of the
Institution including teachers appointed by the Institute;
(g) The power and duties of the Director and other officers and
employees of the Naga Hospital Authority;
(h) The managing of the properties of the Naga Hospital Authority;
(i) The fees and other charges which may be demanded and received
by thee Naga Hospital Authority;
(j) The manner in which, and the conditions subject to which, pension
and provident funds may be constituted for the benefit of officers,
and other employees of the Institute;
(k) Any other mater for which under the act provision may be made by
regulations.
(2) Every regulations made under this section shall be laid, as soon as may
be after it is made before the State Legislative Assembly.
24. Power to remove difficulties:
(1) If any difficulty or doubt arises in giving effect to the provisions of this
Act, the State Government may, by order published in Official Gazette,
make any provision, not inconsistent with the purpose of this Act as it
appears to be necessary or expedient for removing such difficulty or doubt.
Provided that no such order shall be made after the expiry of a period of
two years from the date of coming into force of this Act.
(2) Every order made under Sub-Section (1) above shall, as soon as may be
after it is made, be laid before the State Legislative Assembly.
-10-
