Uttar Pradesh act 041 of 2018 : The Dr. Ram Manohar Lohia Institute of Medical Sciences Act 2015

Department
  • Department of Medical Education
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Section 1.Short title

(1) This Act may be called Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015.


Section 2.Definitions

In this Act, unless the context otherwise requires,-

(a) "Board" means the Board of Governors of the Institute;
(b) Director means the Director of the Institute appointed under section 14;
(c) "Employee" means any person appointed by the Institute and includes
a teacher, a doctor or any other member of the staff of the Institute;
(d) "Fund"means the Fund of the Institute maintained under section 28;
(e) Institute means Dr. Ram Manohar Lohia Institute of Medical Sciences
established under section 3;
(f) Prescribed means prescribed by regulations;
(g) President means the President of the Institute referred to in section 12;
(h) Regulations means the regulations of the Institute made under section
34;
(i) Secretary/Principal Secretary means the Secretary or the Principal
Secretary, as the case may be, of concerned department of Government
of Uttar Pradesh dealing with the affairs of the Institute
(j) Society means Dr. Ram Manohar Lohia Institute of Medical Sciences ;
Society, Lucknow registered under the Societies Registration Act, 1860;
(k) Teacher or Faculty-member means a Professor, Additional Professor,
Associate Professor, Assistant Professor or a person employed or
engaged by the Institute for imparting education or training or
guiding or conducting research in the Institute and includes
the Dean and the Director.


Section 3.Establishment and incorporation of the Institute

3.(1) There shall be established at Lucknow on the pattern of All India Institute of Medical Sciences, New Delhi an institute to be called Dr Ram Manohar Lohia Institute of Medical Sciences, Lucknow.
(2)The Institute shall be a body corporate and function as a University established under a State Act.
(3) On and from the date of commencement of this Act -
(a) Dr Ram Manohar Lohia Institute of Medical Sciences Society at Lucknow shall be dissolved and all property-movable and immovable and rights, powers and privileges and liabilities and obligations of the society shall stand transferred to and vested in the Institute;
(b)all references in any statutory instrument to the society shall be construed as reference to the Institute;
(c)any deed or other document, whether made or executed before or after the commencement of this Act which contains any bequest, gift or trust in favour of the Society, shall be construed as the bequest, gift or trust of the Institute;
(d)Every person duly employed before the commencement of this Act and working as such just before commencement of this Act in the Socity shall become an employee of the Institute by the same tenure and upon the same conditions of service.


Section 4.Institute open to all Classes & Creed

4. The Institute shall be open to all persons irrespective of sex, race, creed or class and it shall not be lawful for the Institute to adopt or impose on any person any test whatsoever of religious belief or profession or political opinion in order to entitle him to be appointed as a teacher of the Institute or to hold, any other office therein or to be admitted as a student of the Institute, or to enjoy or exercise any privilege thereof:

Provided that reservation on the posts for requirement of the employees and reservation of seats for admission in any course of study for the students, belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes of Citizens and other categories of candidates as specified by the State Government from time to time shall be regulated by the laws and orders of the State Government for the time being in force.


Section 5.Compositon of the Institute

5. The Institute shall consist of:-

(a) the Governor of Uttar Pradesh -Visitor (ex-officio)
Government;
(b) the Chief Secretary to the Government -President(ex-officio)
of Uttar Pradesh;
(c) the Principal Secretary/Secretary to -Vice-President (ex-officio)
the Government of Uttar Pradesh in
the Medical Education Department;
(d) the Principal Secretary/Secretary to-Member(ex-officio)
the Government of the Uttar Pradesh in
the Finance department or his nominee;
(e) the Principal Secretary/Secretary to-Member(ex-officio)
the Government of Uttar Pradesh in
the Planning Department or his nominee;
(f) the Principal Secretary/Secretary to -Member(ex-officio)
the Government of Uttar Pradesh in
the Law Department or his nominee;
(g) the Director General, Medical Education &-Member(ex-officio)
Training Uttar Pradesh;
(h) the Director; -Member-Secretary
(ex-officio)
(i) the Dean of the Institute;-Member(ex-officio)
(j) two person having special knowledge or -Members
practical experience in the pursuit of
Medical Science/Heads of Medical
Institutions to be nominated by the State
Government;
(k) three representatives of medical faculties-Members
of the Indian Universities or the Institutes
to be nominated by the President;
(l) one representative of the Ministry of -Members
Health and Family Welfare,
Government of India;
(m) one representative of the Medical Council -Members
of India;
(n) one representative of the Indian Council-Members
for Medical Research;
(o) one representative of the Indian Nursing-Members
Council;
(p) two educationists of eminence to be-Members
nominated by the State Government;
(q) Two senior-most heads of department by-Members
rotation every two years.


Section 6.Terms of the office and cacancies among members

6. (1) Subject to the provisions of the following sub-sections, the turn of a member, other than ex-officio member, shall be five years from the date of nomination.
(2) The term of office of member nominated under section 5 shall come to an end as soon as he/she ceases to hold office by virtue of which he/she is such a member.
(3) The term of office of an ex-officio member shall continue as long as he holds his/her office by virtue of which he is such a member.
(4) The term of office of a member nominated to fill a casual vacancy shall be for the remainder of the term of the member in whose place he nominated.
(5) An outgoing may be eligible for re-nomination.
(6) A member may resign his office by writing under his hand addressed to the Vice-President through the Member-Secretary, but he will continue in office until his resignation is accepted.
(7) The manner of filling vacancies amongst members shall be such, as may be prescribed.


Section 7.Meetings of the Institute

7.(1) The institute shall meet at such time and place, as the President may from time to time determine.
(2) The transaction of business in such meeting shall be in such manner as may prescribed
Provided that the Institute shall meet at least once in a year.


Section 8.Objects of the Institute

8. The objects of the Institute shall be,-
(a) to create a centre of excellence for providing medical care, educational
and research facilities of high order in the field of medical sciences and
specialities and super specialities and such others, as may emerge in
future, including continuing medical education on the pattern of All
India Institute of Medical Sciences, New Delhi;
(b) to provide for multi-purpose speciality and super speciality hospitals
and trauma centres by upgrading the existing institutions, and to
establish them as a centre of excellence and to provide treatment for
patients therein;
(c) to develop excellence in teaching and training at under-graduate, post-
graduate, doctoral and post-doctoral medical education and research
in super-specialities so as to set a high standard for medical
education;
(d) to develop training centres and facilities for paramedical human
resources;
(e) To establish specialized and individual departments to deal with
emerging medical, surgical and allied specialities and sub-specialities.


Section 9.Powers & Functions of the Institute

9. (1) The powers and functions of the Institute shall be-

a. to institute teaching and training in undergraduate, postgraduate and
super-speciality branches of medicine an allied sciences and to
make provisions for research and for the advancement and
dissemination of knowledge in such branches;
b. to institute and award degrees, diplomas, certificates of other
academic distinctions;
c. to admit students to the various courses of study and to conduct
examinations or tests and lay down conditions in respect thereof;
d. to hold examinations for and to grant and confer degrees, diplomas
and others academic distinctions to and on persons who-
i. have pursued a course of study, or
ii. have carried on research in the Institute.
e. to confer honorary degrees or other academic distinctions;
f. to institute and award scholarships, fellowships (including travelling
fellowships) studentships, stipends, medals and prizes in accordance
with the regulations;
g. to establish, maintain and administer centres of teaching and
research, hospitals, rural and urban centres, laboratories or other
things to carry out the objects of the Institute;
h. to fix and collect fees and other charges;
i. to create teaching, administrative, ministerial, technical and other
necessary posts as required and make appointment thereto;
j. to undertake publication of works of merit and research;
k. to provide for management and treatment of the patients in its
hospitals and centres;
l. to function as a secondary and tertiary hospital;
m. to deal with property belonging to, or vested in the Institute in any
manner which is consider necessary for promoting its objects;
n. to co-operate or collaborate, with other institutions in conduct of
patient care, higher education and research in medical and
paramedical field;
o. to do any other act or thing, as may be necessary in order to further
the objects of the Institute;
Provided that the Institute-
i. will not transfer any immovable property of the Institute by way of
mortgage, sale, exchange, gift or otherwise except with the
previous sanction of the State Government;
ii. will not create any post in the Institute except with the prior
approval of the State Government or except in accordance
with any general or special order of the State Goverment.
(2) The pay and other allowances to various categories of employees of Institute shall be such may be determined form time to time by the State Government.


Section 10.Officers of the Institute

10. The following shall be the officers of the Institute, namely,-


a. The Visitor;
b. The President of the Institute;
c. The Vice-President of the Institute;
d. The Director;
e. The Dean of the Institute;
f. The Finance Officer;
g. Such other officers as may be declared by the regulations.


Section 11.Visitor

11.

(1) The Governor of Uttar Pradesh shall be the Visitor of the Institute.
(2) The Visitor shall by virtue of his office, be the head of the Institute and shall, when present, preside at the convocation of the Institute.
(3) Every proposal for the conferment of an honorary degree or distinction shall be subject to the confirmation by the Visitor.
(4) The Visitor shall after every five year cause to be reviewed the progress of the Institute in such manner as he thinks fit.
(5) Upon reviewing progress of the Institute the Visitor may make reference to the State Government for taking action under section 41 or may, subject to the provisions of this Act issue such directions as he considers necessary, and the Institute shall be bound to comply with such directions.
(6) Without prejudice to the foregoing provisions of the section but subject to the provisions of section 42, the Visitor may by order in writing annul any proceeding of the Institute which is not in conformity with this Act, or the rules, or regulation made thereunder,
Provided that before making any such order he shall call upon the Institute to show cause why such an order should not be made and if any cause is shown within such reasonable time as may be allowed therefor, shall consider the same.


Section 12.Power of President

12. (1) The Chief Secretary of Uttar Pradesh shall be the President of the Institute and shall also be Chairman of the Governing Body. Meeting of the Institute shall be convened as per directions of the President.
(2) The President shall preside over the meetings of the Institute.
(3) The Powers and functions of the President shall be-
(a) to ensure that the administration of the affairs of the Institute are
being conducted in accordance with the provisions of this
Act and the regulations and to take such steps, as he deems fit;
(b) to call for such information or records relating to the administration
of the affairs of the Institute;
(c) to include in the agenda at any time before or during a meeting,
fresh items of business or items supplementary to
those included in the agenda for consideration;
(d) to exercise such other powers and perform such other functions, as
may be prescribed.
(4) The President may delegate any of his power to the Vice-President.


Section 13.Vice President

13. (1) The Principal Secretary, Medical Education to the Government of Uttar Pradesh shall be the ex-officio Vice-President of the Institute.
(2) In the absence of the President at any meeting of the Institute, the Vice-President shall preside over such meeting.
(3) He shall exercise such powers and perform such functions as may be prescribed.


Section 14.Director

14. (1) The Director shall be appointed by the Visitor on the recommendation of a committee consisting of,-
(a) President of the Institution;
(b) Vice-President of the Institute;
(c) The Director General Medical Education and Training; and
(d) Two experts in medical field, not below the rank of a head of medical
Institution or medical University to be nominated by the Visitor.
(2) (a) Only such person shall be eligible for the appointment to the office of the Director who has not attained the age of sixty-two years.
(b) The Director shall hold office for a term of five year form the date he/she enters upon his/her office or till he/she attains the age of sixty- five years whichever is earlier.
(c) The Director may be appointed for second term of until he/she attains the age of sixty-five years, whenever is earlier: Provided that the Director may in writing under his hand addressed to the Visitor resign his/her office, and shall cease to hold his office on the acceptance thereof by the Visitor,
(3). The Committee shall, as far as may be, at least sixty days before the date on which a vacancy in the office of the Director is due to occur by reason of expiry of term on resignation under the proviso to clause (c) of sub section(2) and also whenever so required and before such date as may be specified by the Visitor, submit to the Visitor the names of not less than three persons to hold the office of the Director. The Committee shall, while submitting the name, also forward to the Visitor a concise statement showing the qualifications of each of the persons so recommended but shall not indicate any order of preference.
(4). Where the Visitor does not consider any one or more of persons recommended by the committee to be suitable for appointment as the Director or if one or more of the persons recommended is/are not available for appointment and the choice of the Director is restricted to less than three persons, he may require the committee to submit a list of fresh names in accordance with sub section (3).
(5). No Act or proceeding of the committee shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members or by the reason of some person having taken part in the proceeding who is subsequently found not to have been entitled to do so.
(6). In any of the following circumstance (of existence of which the Visitor shall be the sole judge), he may appoint any suitable person to the office of the Director for a term not exceeding six months as he may specify: -
(a) Where the vacancy in the office of the Director occurs
and it cannot be conveniently and expeditiously filled in accordance
with the provisions of sub-section (1) to (5).
(b) Any other emergency.
(7) In the absence of the Director, the senior-most Professor of the Institution shall discharge the duties of the Director.
(8) Subject to the provision of this Act, the emoluments and other condition of services of the Director shall be such as may be determined by the State Government by general or special order in that behalf.
(9) If in the opinion of the Visitor, the Director wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him, or if it otherwise appears that the continuance of the Director in office is detrimental to the interest of the Institute, the Visitor may, after making such inquiry, as he deems proper, by order remove the Director.


Section 15.Powers & Functions of the Institute

15. (1) The Director shall be the Principal Executive and Academic officer of the Institute.
(2) Without prejudice to the generality of the provisions contained in sub-section(1), the Director,-
(a) shall exercise general supervision and control over the affairs of the Institute,
(b) Shall ensure implementation of the decisions of the authorities of the Institute;
(c) Shall be responsible for the imparting of instructions and maintenance of discipline in the Institute;
(d) May engage with the approval of the Board any person for a period not exceeding one year for such purpose as may be necessary in the interest of the Institute.
(3) Where any matter is of urgent nature requiring immediate action and the same cannot be immediate dealt with by any officer or authority of the Institute, empowered by or under this Act to deal with it, the Director may take such action, as he may deem fit and shall forthwith report the action taken by him to the Chairperson and also to the officer or authority who in the ordinary course, would have dealt with the matter:
Provided that if such officer or authority is of opinion that such action ought not to have been taken by the Director, it may refer the matter to the Chairperson who may either confirm the action taken by the Director or annual the same or modify it in such manner, as he thinks fit, and thereupon it shall cease to have effect or, as the case may be, shall take effect in the modified form.
Provided further that such annulment or modification, as is referred to in the preceding proviso shall be without prejudice to the validity of anything of anything previously done by or under the order of the Director.
(4) The Director shall exercise such other powers and perform such other functions as may be assigned to him by the Institute or the Chairperson or the Board or any other authority.
(5) The Director shall be responsible to conduct and manage all matters relating to the Institute.


Section 16.The Dean

16. (1) There shall be Dean of the Institute, who shall be appointed by the Board from amongst the senior Professors of the Institute and shall hold office for three years and may be eligible for re-appointment.
(2) The Dean shall assist the Director in academic affairs of the Institute and shall exercise such powers and perform such functions as may be prescribed.


Section 17.Finance Officer

17. (1) There shall be a Finance Officer for the Institute, who shall be appointed by the State Government in Finance Department, and his remuneration and allowances shall be paid by the Institute.
(2) The Finance Officer shall be responsible for presenting the budget and the statement of accounts to the Board and also for drawing and disbursing funds on behalf of the Institute.
(3) The Finance Officer shall have duties-
(a) to ensure that no expenditure is incurred by the Institute which has not been authorised in the budget;
(b) to disallow any proposed expenditure which may contravene the provisions of this Act or regulation;
(c) to ensure that no financial irregularity is committed and to take steps to set-right any irregularity pointed out during audit or appeared otherwise;
(d) to ensure that the property and investments of the Institute are duly preserved and managed;
(e) To perform such other functions as may be prescribed.
(4) The Finance Officer shall have access to and may require the production of such records and documents of the Institute and the furnishing of such information pertaining to its affairs, as in his opinion may be necessary for the discharge of his duties.
(5) Other powers and functions of the Finance Officer shall be such as may be prescribed.


Section 18.Authorities of the Institute

18. The Following shall be the authorities of the Institute, namely-
(a) Board Of Governors;
(b) Academic Council;
(c) Finance Committee;
(d) Ethics Committee;
(e) Admission Committee;
(f) Examination Committee;
(g) Section Committee;
(h) Such other authorities as may be declared by regulations to the
authorities of the Institute.


Section 19.Board of Governors

19. (1) The Board Of Governors shall be the principal governing body of the Institute and shall consist of,-
(a)the Chief Secretary, Government of -Chairperson (ex-officio);
Uttar Pradesh
(b)the Principal Secretary/Secretary-Vice-Chairperson (ex-officio)
to the Government of Uttar Pradesh,
Medical Education Department;
(c)the Principal Secretary/Secretary to -Member (ex-officio)
the Government of Uttar Pradesh,
Finance Department;
(d)the Director General, Medical-Member(ex-officio)
Education and Training, Uttar Pradesh;
(e)the Director General, Medical -Member(ex-officio)
and Health, Uttar Pradesh;
(f)the Director-Member-Secretary (ex-officio)
(g)the Dean of the Institute -Member (ex-officio)
(h)the Chief Medical Superintendent -Member (ex-officio)
(i)two persons of eminence in the field-Member
of medicine not less than Heads of Institute
in the State or outside the State
nominated by the Visitor;
(j)two persons being Professor and-Member
Heads of the Department at the Institute
to be nominated by the Director in
order of seniority by rotation.
(2) The term of office of an ex-officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) The term of office of a member nominated under clause (i) and (j), shall be two years from the date of his nomination.
(4) The term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term jo the term of the member in whose place he has been nominated.
(5) The Board shall meet at least once in three months at such time and place as the Chairperson may from time to time determine.
(6) The procedure to be followed by the Board for the transaction of business in any meeting or otherwise or in the exercise of its power or performance of its functions shall be such as may be prescribed.
(7) Subject to such control and restrictions as may be prescribed, the Board may constitute such committees, as it thinks fit, for exercising any power or performing any function under this Act.


Section 20.Funtions of the Board

20. (1) Save as otherwise provided in this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Institute.
(2) Without prejudice to the provisions of sub-section(1), the Board-
(a) shall take steps for the implementation of the decisions of the Institute on
matters of policy relating to the administration of the affairs and
working of the Institute.
(b) shall institute courses of study at the Institute and take decisions on the
advice of the Academic Council on all academic matters including
matters relating to the examinations conducts by the Institute;
(c) shall hold and control the property and funds of the Institute.
(d) may acquire any movable or immovable property on behalf of the
Institute.
(e) shall administer any fund placed at the disposal of the Institute for
specific purposes;
(f) may create to abolish posts of teachers and other employees of the
Institute;
(g) may manage and regulate the finance, accounts, investments, property,
business and all other administrative affairs of the Institute and
for that purpose, appoint such agent as it may think fit,
(h) may invest any money belonging to the Institute (including any income
from endowed property) in such stocks, funds, shares or securities
as it, from time to time, thinks fit;
(i) may enter into, vary, carry-out and cancel contracts on behalf of the
Institute;
(j) may make other decisions in the interest of the Institute on the matters not
inconsistent with the provisions of this Act or the regulations
made thereunder.


Section 21.Academic Council

21. (1) The Academic Council shall consist of,-

i. The Director -Chairperson
ii. The Dean of the Institute - Member-Secretary
iii. All Heads of teaching departments -Member
(2) The Academic Council shall perform the following functions:-

(a) to prepare and to recommend changes in curricula and
syllabi for the courses of study for the various departments;
(b) to make arrangement for the conduct of examinations;
(c) to appoint Advisory Committees or Expert Committee or both
for the department to make recommendations on academic
matters in connection with the working of the departments and
the concerned Head of the department shall act as the convener
of such committee;
(d) to appoint sub-committees from amongst the members of the
Academic Council, other teachers of the Institute and experts
from outside on such specific matters as may be referred to such
sub-committee by the Academic Council;
(e) to consider the recommendations of the Advisory Committee,
Experts Committee or other sub-committees and take such action
as circumstances of each case may require including making of
suitable recommendations to the Board;
(f)to make periodical review of the activities of the departments
and if necessary, make suitable recommendations to the Board;
(g)to advise on the working of library, laboratories and the
hospitals etc;
(h)to promote research within the Institute and require reports
on such research from the persons engaged thereon;
(i)to advise on general policy to be followed in respect of
consultation work to be done by academic staff;
(j)to provide for the inspection of classes, laboratories, library
and disciplines therein and submit reports thereof to the Board;
(k)to award stipends fellowships, scholarship, free-ship, medals
and prizes etc. according to the conditions attached to the
awards.
(3) The Academic Council shall meet as often as necessary as but not less than two times during a calendar years.
(4) Meeting of the Academic Council shall be convened by the member-Secretary of the Council either on his own initative or on the direction of the Director or on a requisition signed by not less than five member of the Academic Council.
(5) Half of the total number of the members of the Academic Council shall from the quorum.
(6) A Written notice of every meeting together with the agenda shall be circulated by the Member-Secretary to the members of the Academic Council at least one week before the meeting. The Chairperson of the Academic Council may permit inclusion of any item on the agenda for which due notice could not be given.
(7) Notwithstanding anything contained in sub-section (6), the Chairperson may call an emergent meeting of the Academic Council at short notice to consider urgent or special issues.
(8) The decision of the Chairperson of the Academic Council in regard to all matters shall be final.
(9) The minutes of the Academic Council shall be drawn up by the Member-Secretary and circulated amongst all members present in meeting.


Section 22.Finance Committee

22. (1) The Finance Committee shall consist of,-

(a) The Principal Secretary/Secretary to the - Chairperson
Government of Uttar Pradesh,Medical
Education Department :
(b) The Principal Secretary/Secretary to the - Member
Government of Uttar Pradesh, Finance
Department, or his nominee not below the :
rank of the Special Secretary :
(c) The Director - Member:
(d) The Chief Medical Superintendent of -Member
the Institute
(e) The Finance Officer -Member Secretary
(2) The Finance Committee shall advise the Board on matters relating to the administration of property and funds of the Institute including limits for the principles to be observed with regard to the recurring and non-recurring expenditure for the ensuing financial year, having regards to the income and resource of the Institute.
(3) The Finance Committee shall have such other powers and functions as may be prescribed.


Section 23.Ethics Committee

23. (1) There shall be an Ethics Committee for ensuring smooth running and proper patient-care in the Institute, associate hospitals and health centres.
(2) The constitution of the Ethics Committee, the term of office of its members and its powers and functions shall be such as may be prescribed.


Section 24.Other Authorities

24. The Constitution, powers and functions of the Admissions Committee, Examinations Committee and other authorities of the Institute shall be such as may be prescribed.


Section 25.Staff of Institute

25. (1) The Institute shall appoint such number of employees against the posts as may be sanctioned by the State Government from time to time. The term and conditions of service of the employees of the Institute shall be such as may be provided in the regulations.
(2) In the interest of the Institute, eligible Government servants may be appointed on deputation basis or by transfer of service as per Government norms and conditions.
(3) The Board may, from time to time, create or abolish posts as it considers proper, subject to approval of the State Government. However, parity will be maintained with All India Institute of Medical Science, New Delhi.


Section 26.Appointment and promotion of Teachers and other staff

26. (1) Subject to the provisions of this Act, such number of Professors, Associate Professor, Assistant Professors and Group 'A' Officers, as may be necessary, shall be appointed by the Chairperson, and such number of Group B Officers and other employees, as may be necessary , shall be appointed by the Director.
(2) Save as otherwise provided in sub-section (1) the officers, teachers and other employees of the Institute shall be appointed in such manner and with such designations and grades as may be prescribed.
(3) The employees of the Institute appointed under this Act shall be entitled to such salary and allowances and shall be governed by such conditions of services as may be prescribed.
(4) No person shall be appointed as a teacher of the Institute, unless he/she fulfils the qualifications prescribed by the Medical Council of India, the Indian Nursing Council or any other Central/State Regulatory Body and the regulations made under this Act, as the case may be and recommended by a Selection Committee constituted in this behalf under this Act.
(5) (a) The Selection Committee for the appointment or promotion to a professor and an Associate Professor of the Institute shall consist of,-
(i) the Director who shall be Chairperson of the Selection
Committee;
(ii) the Director General, Medical Education and Training, Uttar
Pradesh;
(iii) the Dean of the Institute;
(iv) three experts nominated by the President;
(v) such other persons as may be prescribed.
(b) The Selection Committee for the appointment or promotion to an Assistant Professor and other teachers of the Institute shall consist of,-
(i) the Director who shall be Chairperson of the Selection
Committee;
(ii) the Director General, Medical Education and Training, Uttar
Pradesh;
(iii) the Dean of the Institute;
(iv) Head of the Department concerned;
(v) two experts nominated by the President;
(vi) such other persons as may be prescribed.
(6) The Selection Committee constituted under this section shall follow such procedures as may be prescribed.
(7) No recommendations made by the Selection Committee shall be considered to be valid, unless it is supported by a majority of the members present:
Provided that in the case of Selection Committee constituted under clause (a) of sub-section (5), the presence of at least two experts, and in the case of a Selection Committee constituted under clause (b) of sub-section (5), the presence of at least one expert shall be necessary.
(8)Where the Selection Committee fails to make recommendation in accordance with the provisions of sub-section (7), the minutes of the Selection Committee shall be submitted to the President who shall forward the same, along with his/her views thereon, to the President for decision and the decision of the President shall be final.
(9) Where the recommendations of the Selection Committee are not acceptable to the appointing authority, it shall refer, it shall refer the whole case to the President specifying the ground of objection to such recommendations in precise terms, and the decision of the President thereon shall be final:
Provided that it shall be lawful for the President to refer the case to the Selection Committee for reconsideration or to require another Selection Committee to be constituted for consideration of the case.
Explanation:- For the purpose of this section Group A Officers and Group B officers shall be such class of officers as are specified or designated as such in the regulation.


Section 27.Grant in Aid by State

27. For the purpose of enabling the Institute to perform its functions efficiently under this Act, the State Government may, after due appropriation made by State Legislature by law in this behalf, pay to the Institute in each financial year such sums of money in such manner as it may think fit.


Section 28.Funds of the Institute

28. (1) The Institute shall maintain a fund to which shall be credited:-
(a) all money provided by the State Government;
(b) all fees and other charges received by the Institute;
(c) all money received by the Institute in any other manner or from any other source.
(2) All moneys credited to the Fund shall be deposited in Nationalized Banks and invested in such manner as the Institute may, with the approval of the State 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 performance of its functions under section 9.


Section 29.Budget of the Institute

29. (1) There shall be prepared in such form and at such time, every year as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the Institute and the same shall be forwarded to the State Government in such manner as may be prescribed.
(2) The Board shall comply with such directions as may be given by the State Government and approve the budget finally.
(3) It shall not be lawful for the Institute to incur any expenditure not sanctioned in the budget or in the case of funds granted to the Institute, subsequent to the sanction of budget by the State Government or the Government of India, or any international organisation or foundation or any other agency save in accordance with the term of such grant:
Provided that funds from source other than that of the Government of India and of the State Government will be received by the Institute only after obtaining the necessary clearance, as require under the law:
Provided further that in the case of sudden or unforeseen circumstances, non-recurring expenditure not exceeding rupees twenty-five thousand not sanctioned in the budget may be incurred by the Director who shall immediately inform the State Government in respect of all such expenditure.


Section 30.Annual Account and Balance Sheet

30. (1) The Institute shall maintain proper accounts and other relevant records and shall cause to be prepared an annual statement of accounts including the Balance-Sheet in such form as may be specified by the State Government by General or special order in this behalf.
(2) A copy of the Annual Statement of accounts and the Balance-Sheet shall be submitted to the State Government which shall cause the same to be audited.


Section 31.Annual Report

31. The Institute shall, as soon as may be, after the end of each financial year prepare the Annual Report and submit it to the State Government, before such date as may be prescribed and copy of such report shall be laid before both Houses of the State Legislature.


Section 32.Provident Fund & Retiral Benefits

32. The Institute shall constitute provident funds and retiral benefits etc. for the benfit of its employees, in such manner and subject to such conditions, as per the orders of the State Government.


Section 33.Surcharges

33. (1) A member of the Institute, the Board, any authority or other body of the Institute, as the case may be, or an officer, other employees of the Institute shall be liable to surcharge for the loss, waste or misapplication of any money or property of the Institute, if such loss, waste or misapplication of any money or property of the Institute, if such loss, waste or misapplication is a direct consequence of his/her neglect or misconduct.
(2) The Procedure of imposing surcharge and the manner of recovery of the amount involved in such loss, waste or misapplication shall be such as may be prescribed.


Section 34.Power to Make Regulations

34. (1) Subject to the provision of this Act, the Institute may, with the previous approval of the State Government, make regulations to provide for any matter which is to be or may be provided for by regulations and without prejudice to the generality of this power, such regulation may provide for , namely :-
(a) the convening and holding of meetings, other than the first
meeting, of the Institute, the conduct of the business at
such meetings and the number of member necessary to
form a quorum;
(b) any matter in respect of the constitution of the Board or any
Committee or other body to be constituted under this Act;
(c) the powers and functions to be exercised and discharged by the
President and the Vice-President, other officers of the
Institute;
(d) the allowance, if any, to be paid to the Chairperson and the
member of the Board and of any Committee or other
bodies constituted under this Act,
(e) the procedure to be followed by the Board or other authorities or
other bodies constituted under this Act in the conduct of
their business, exercise of their powers and discharge of
their functions;
(f) the tenure of office, salaries and allowance and other conditions
of service of the officers, teachers and employees of the
Institute;
(g) the powers and duties of the Director and the officers and
employees of the Institute;
(h) the management of the properties of the Institute;
(i) the degrees, diplomas and other academic distinctions and titles
which may be granted by the Institute;
(j) the creation of the posts of teachers, officers and employees of
the Institute, and the appointment of persons to such posts
including the minimum qualifications requisite thereto;
(k) the fees and other changes which may be demanded and
received by the Institute;
(l) the manner in which, and the conditions subject to which,
provident funds and other retirement benefits may be
constituted for the employees of the Institute;
Any other matter for which provisions may be made under
this Act or by regulations.
(2) The first regulations under this Act, shall be made by the State Government by notification: Provided that until the regulations are so made, the provisions of the BYE-LAWS of the Society as in force before the commencement of this Act, as well as the regulations of the Sanjay Gandhi Post-Graduation Institute of Medical Science, Lucknow in matters where the BYE-LAWS are silent, shall mutatis mutandis continue to apply to the Institute in so far as they are not inconsistent with the provisions of this Act.
(3) The Board may make new or additional regulations or may amend or repeal the regulations referred to in sub-section (2) with prior approval of the Institute.


Section 35.Authentication of orders and Instructions

35. All orders and decisions of the Institute shall be authenticated by the signature of the Director or any other officer authorised by the Institute in this behalf and proceeding of the meetings of concerned authority or committee or other bodies of the Institute shall be authenticated by the signatures of the Chairperson and Member-Secretary thereof.


Section 36.Acts and Proceedings not to be invalidated by Vacancies etc

36. No act done or proceeding taken by the Institute or any committee constituted under this Act, shall be questioned on the ground merely of the existence of any vacancy of defect in the constitution of the Institute or authority or any committee.


Section 37.Grant of degrees, Diploma etc.

37. The Institute shall have powers to grant degrees, diplomas and other academic distinctions and titles under this Act.


Section 38.Withdrawal of Degrees or Diplomas

38. The Board may, on the recommendation of the Academic Council, withdraw any distinction, degree, diploma or privilege conferred on, or granted to, any person by a resolution passed by majority of the members of the Board present and voting at the meeting, if such person has been convicted by a Court of law for an offence which in the opinion of the Board, involves moral turpitude or if he has been guilty of gross misconduct.


Section 39.Recognition of Medical Qualification Granted by the Institute

39. Subject to the provisions of the Indian Medical Council Act, 1956 and other laws for the time being in force, degrees, diplomas and other distinctions granted by the Institute shall be recognised qualifications for the purposes of the said Act and other laws.


Section 40.Power of State Government to issue directions

40. The State Government may issue such directions from time to time to the Institute on policy matters not inconsistent with the provisions of this Act, as it may deem necessary or expedient for carrying out the purpose of this Act. Such directions shall be complied with by the Institute.


Section 41.Power of the State Government to cause Inspection

41. (1) The State Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the Institute including its building, libraries, laboratories, workshops and equipment and also of the examinations, teaching and any other work conducted or done by the Institute or to cause an enquiry to be made in the like manner in respect of any matter connected with the administration and finances of the Institute.
(2) Where the State Government decides to cause and inspection or inquiry to be made under sub-section (1), it shall inform the Institute of the same through the Director and any person nominated by the Board may be present at such inspection or inquiry as representative of the Institute and he shall have the right to be heard as such.
(3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, for the purpose of taking evidence on oath of enforcing the
attendance of witnesses and compelling production of documents and material objects, and shall be deemed to be a civil court within the meaning of section 345 and 346 of Code of Criminal Procedure, 1973 and the proceeding before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.
(4) The State Government shall address the Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the Board the view of the State Government together with such advice as the State Government may offer upon the action to be taken thereon.
(5) The Director shall submit a report to the State Government of the action taken or proposed to be taken within such time, it may fix.
(6) If an authority of the Institute do not take action to the satisfaction of the State Government within a reasonable time, may after considering any explanation which such authority may furnish, issue such directions as it may think fit, and the authority shall comply with such directions.
(7) The State Government shall send to the President a copy of every report of an inspection or inquiry caused to be made under sub-section (1) and of every communication received from the Director under sub-section (5) and of every direction issued under sub-section (6) and also of every report for information received in respect of compliance or non-compliance with such direction.


Section 42.References to the Visitor

42. If any question arises whether any person has been duly elected or appointed as or is entitled to be, a member of the Institute, Government Body, any authority or other body of the Institute or not, whether any decision of the Institutes, Governing Body or any authority or other body of the Institute is in conformity with this Act or the rules or regulations made there under or not, the matter shall be referred to the Visitor and the decision of the Visitor shall be final:
Provided that no reference made under this section shall be made more than three months after the date when the question could have been raised for the first time:
Provided further that the Visitor may, in exceptional circumstances act suomoto or entrain a reference after the expiry of the period mentioned in the preceding proviso.


Section 43.Returns and Informations

43. The Institute shall furnish to the State Government, State/Central Regulatory Bodies such reports, returns, statement and other information as may be required form time to time by them.


Section 44.Execution of Contract

44. All contracts relating to the Institute and administration of the Institute shall be expressed as made by the Board and shall be executed by the Director.


Section 45.Transfer of Property

45. The State Government may transfer to the Institute building, lands and any property whether movable or immovable for use and management of the Institute on such conditions and subject to such limitations as the State Government may deem fit for the purpose of this Act.


Section 46.Filling of casual Vacancies

46. All the casual vacancies among the member (other than ex-offficio member) of any authority or other body of the Institute shall be filled, as soon as may be convenient by the person or body who appoints or nominates the members whose place has become vacant and any person appointed or nominated to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills, would have been a member.


Section 47.Proceedings of the Authorities/ Bodies not invalidated by Vacancies

47. No act or proceeding of any authority or other body of the Institute shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.


Section 48.Protection of persons acting under this Act

48. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the regulations made there under.


Section 49.Members and Employees of the Institute to be Public Servant

49. Every member and employee of the Institute, when acting are purporting to act in pursuance of the provisions of this Act or regulations or orders or directions made or issued there under shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860.


Section 50.Mode of Proof of the Record

50. (1) A copy of any receipt , application, notice, order, proceeding or resolution of any authority or committee of the Institute, or other documents in the possession of the Institute or any entry in any register duly maintained by the Institute, if certified by the Director so designated shall, notwithstanding anything contained in any other law for the time being in force, be admitted as prima-facie evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admission in evidence.
(2) No employee of the Institute shall in any proceeding to which the Institute is not a party, be required to produce any document, register or other record of the Institute, the contents of which can be proved under sub-section (1) by a certified copy or to appear as a witness to prove the matters and transactions recorded therein unless by order the Court made for special cause.


Section 51.Transitional Provisions

51. Notwithstanding anything contained in any other provision of this Act, the Board of the Society functioning as such before the commencement of this Act shall continue to function for a period of one year or until a new Board is constituted for the Institute under this Act, whichever is earlier.


Section 52.Power to Remove Difficulties

52. If any difficult arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after expiry of two years from the commencement of this Act.


SECTIONS