THE ANDHRA PRADESH MEDICAL EDUCATION AND RESEARCH
CORPORATION (APMERC) Act, 2021
(ACT No. 7 of 2021)
ARRANGMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement
2. Definitions
CHAPTER II
STATUTORY STATUS, CONDUCT OF BUSINESS AND
EMPLOYEES OF THE CORPORATION
3. Establishment of APMERC, Health Care Services and Up gradation of
Infrastructure
4. Share Holding Pattern
5. Provision for inviting Officers of Government etc.
6. Officers and Employees of Corporation
7. Authentication of orders etc., of the Corporation
CHAPTER III
OBJECTIVES AND SCOPE OF ACTIVITIES
8. Objectives of the Corporation
9. Institutional setup
10. Core Activities of the Corporation
CHAPTER IV
PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS
11. Transfer of assets and inabilities of the Government of Corporation
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CHAPTER V
FUNCTIONS AND POWERS
12. Government to vest or entrust resources to the Corporation
13. Functions of the Corporation
14. Powers of the Corporation
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
15. Application of Corporation assets etc.,
16. Contribution of Government to Corporation
17. Reserve and other funds
18. State Government as guarantor
19. Accounts and Audit
20. Concurrent and Special Audit of Accounts
CHAPTER - VII
MISCLLANEOUS AND SUPPLEMENTARY PROVISIONS
21. Annual Reports
22. Other activities of the Corporation
23. Prosecution
24. Dues to be recovered
25. Public Notices how to be made known
26. Default in performance of duty
27. Authority for prosecution
28. Compounding or offences by Corporation
29. Delegation of power of Corporation
30. Prosecution of action taken in good faith
31. Chairperson, Vice- Chairperson, Managing Director, Members and Officers etc., to be public servants
32. Power to make rules
33. Power to make regulations
34. Power to remove doubts and difficulties
35. Dissolution of the Corporation
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36. Act to override other laws
37. Power to amend Schedule
38. Repeal and Savings Ordinance No.1 of 2021
SCHEDULE
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THE ANDHRA PRADESH MEDICAL EDUCATION AND RESEARCH
CORPORATION (APMERC) Act, 2021
(ACT No. 7 of 2021)
AN ACT TO PROVIDE FOR ESTABLISHMENT OF THE ANDHRA PRADESH
MEDICAL EDUCATION AND RESEARCH CORPORATION (APMERC) FOR
REVITALIZATION OF TERTIARY HOSPITAL AND HEALTH CARE
SERVICES; STRENGTHENING OF EXISTING HOSPITALS & NURSING COLLEGES; CONSTRUCTION OF NEW HOSPITALS, MEDICAL & NURSING COLLEGES; RAISING FUNDS FOR MATTERS CONNECTED
THEREWITH AND ANCILLARY THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy Second Year of the Republic of India as follows,-
CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement:- (1) This Act may be called the Andhra Pradesh Medical Education and Research Corporation (APMERC) Act, 2021.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on and from the 8th January, 2021.
2. Definitions:- In this Act, unless the context otherwise requires, -
(1) 'Accounts' means as defined under Indian Accounting Standards or Indian Generally Accepted Accounting Principles issued from time to time;
(2) 'Act' means the Andhra Pradesh Medical Education and Research Corporation (APMERC) Act, 2021.
(3) "Board' means the Board of Directors of the Corporation;
(4) 'Chairperson' means Chairperson of the Andhra Pradesh Medical Education and Research Corporation and appointed vide Government Order / Gazette notification to be issued from
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time to time;
(5) 'Corporation' means the Andhra Pradesh Medical Education And Research Corporation ("APMERC" or "Corporation") constituted under section 3 (1) of this Act;
(6) 'Government' means the Government of Andhra Pradesh;
(7) 'Member' means Shareholder as defined in the Companies Act, 2013;
(8) 'Prescribed' means prescribed by rules, regulations and/or standing orders made under this Act;
(9) 'Rules' means rules made under this Act;
(10) "Schedule" means a Schedule appended to this Act;
(11) "State' means the State of Andhra Pradesh;
(12) Vice-Chairperson & Managing Director' means Vice- Chairperson & Managing Director of the Andhra Pradesh Medical Education and Research Corporation and appointed vide Government Order / Gazette notification to be issued from time to time.
CHAPTER II
STATUTORY STATUS, CONDUCT OF BUSINESS AND
EMPLOYEES OF THE CORPORATION
3. Establishment of APMERC, Health Care Services and Up gradation of Infrastructure:- (1) "The Andhra Pradesh Medical Education and Research Corporation (APMERC)" (hereinafter referred to as the
"Corporation") shall be a public limited company incorporated under the Companies Act, 2013 by the name aforesaid, having perpetual succession and a common seal.
(2) The Corporation shall operate in accordance with the provisions of the Companies Act, 2013 (Central Act No.18 of 2013)
(3) APMERC will focus on revitalization of tertiary health care services across the State to achieve affordable health care to all by ensuring efficient
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service delivery which would bring the necessary impetus for the State in achieving the Sustainable Development Goals.
(4) The Government shall issue necessary Orders from time to time for establishment, operating and strengthening of medical colleges and its attached institutions, multispeciality hospitals, nursing colleges, super speciality hospitals, cancer hospitals, etc., under the Corporation.
(5) The APMERC shall be managed by the Board comprising of State Government officials and industry experts. The Board shall comprise of the following:
(i) Special Chief Secretary/Principal Secretary / Secretary,
'Health Medical & Family Welfare Department, Government of
Andhra Pradesh ...Chairperson
(ii) An official be appointed by the …... .Vice-Chairperson Government & Managing
Director
(iii) Secretary to Government, ...Director Finance Department,
Government of Andhra Pradesh
(iv) Commissioner, Health & Family ...Director Welfare, Government of Andhra Pradesh
(v) Chief Excutive Officer, Dr. YSR ... Director Aarogyasri Healthcare Trust,
Government of Andhra Pradesh
(vi) Vice- Chancellor & … Director Managing Director, Andhra Pradesh Medical Services & Infrastructure Development Corporation
(APMSIDC
(vii) Commissioner, Andhra Pradesh … Director Vaidya Vidhana Parishad
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(viii) Directorate of Medical Education …Director and (Admin), Government of Member Convener Andhra Pradesh.
(6) Appointment of VC & MD: The Government may, by notification appoint VC & MD, APMERC on deputation basis for a period of two (2) years extendable to a period of five (5) years from the cadre below the rank of Special Chief Secretary/Principal Secretary/Secretary of the Health, Medical & Family Welfare Department.
(7) The Government shall appoint new Directors including Independent Directors in due course, as required.
4. Share Holding Pattern:- The shareholding pattern of APMERC will be decided by the Government from time to time by issuing Orders.
5. Provision for inviting Officers of Government etc.,:- (1) The Corporation or any of its Committees may invite any officer of the Central Government, State Government, or any Organization in health sector or any other person to attend its meeting or meetings as a special invitee for the purpose of assisting or advising on any matter or matters. The person so invited may take part in the proceedings but shall have no right to vote.
(2) The person so invited shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or any of its Committees as the Corporation may determine, from time to time.
6. Officers and Employees of Corporation:- (1) The Corporation may, with the prior approval of the Government, recruit directly on permanent rolls or recruit contractual staff or deploy outsourced staff or appoint on deputation from the various departments of the State Government such officers and employees as it considers necessary for the efficient performance of its duties and functions.
(2) The period of deputation of any such officer or employee to the Corporation shall ordinarily be two (2) years extendable to a period of five
(5) years. On expiry of which such officer or employee shall stand repatriated to his parent department except when any such person is required by the Government to be repatriated earlier on such grounds as promotion; reversion; termination; superannuation or any other reason:
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Provided that during the period of such deputation all matters relating to the pay, leave, allowances, retirement, pension, provident fund and other conditions of service of such matters at the time of the deputation or such other rules as may, from time to time, be made by the State Government.
(3) All such persons on deputation to the Corporation, shall continue to have a lien on their posts in their parent department and upon repatriation, the period of their service on deputation under the Corporation shall count for their pension and other matters relating to their service. ( 4 ) The Corporation shall have the authority to transfer the officers, employees and servants to any area of its operation. During the period of the deputation, the Corporation shall have the authority to take disciplinary action, if required, as per the performance on the employees on deputation.
(5) Save as otherwise provided in this section, the terms and conditions of service of the officers and employees on deputation to the Corporation shall not be less advantageous than those applicable to them immediately before such deputation and shall not be varied to their disadvantage.
(6) The terms of contractual and outsourced staff for such employment shall be at the discretion of the Corporation as per the requirement of the position, organization and performance of the employee. The budget, remuneration, period of employment, policy for termination / relieving and other terms of such employment shall be decided by the Corporation.
( 7 ) Subject to the superintendence of the Corporation, the Vice- Chairperson & Managing Director shall supervise and control all its officers and employees including any officer and employee of the Government appointed on deputation to the Corporation.
(8) The Corporation shall constitute various committees / functional teams from time to time including an Executive Committee to manage various functions of the Corporation including managing the affairs of various medical colleges under its control. The' Executive Committee shall be proposed by the Board and appointed by the Government by notification.
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7. Authentication of orders etc., of the Corporation:- All proceedings and all orders and instruments of the Corporation shall be authenticated by the Vice-Chairperson & Managing Director.
CHAPTER III
OBJECTIVES AND SCOPE OF ACTIVITIES
8. Objectives of the Corporation:- Subject to the provisions of this Act and the rules and regulations made thereunder, the objectives of the Corporation shall be the following:
(a) to raise funding and financing from various avenues, providing necessary support and acting as enabler for revitalization of tertiary health care services and providing world class health education & research across the State.
(b) to enable the strengthening of existing medical colleges and attached institutions, multi-speciality hospitals in tribal areas and upgradation of necessary infrastructure for achieving the Sustainable Development Goals.
(c) to enable the construction of new medical colleges with nursing colleges, multi-speciality and super speciality hospitals, cancer hospitals and other institutes and establishment of related colleges, labs and necessary infrastructure, etc. for achieving the Sustainable Development Goals.
9. Institutional setup:- Subject to the provisions of this Act and the rules and regulations made there under:
(a) The Corporation will be responsible for strengthening, upgradation the infrastructure of the existing and establishment of new tertiary hospitals, attached institutions, colleges, etc., by leveraging the resources, experience and strengths;
(b) The Corporation shall act as a holding Corporation for all assets and revenues from healthcare institutions under its purview not limited to medical education, nursing, hospitals, etc. for enabling fund raising to support healthcare infrastructure development plans of the State, while the management of day to day affairs of the individual colleges and hospitals shall continue to be done by college / hospital level societies under administrative control of the concerned competent authority;
(c) Government shall identify requisite resources comprising of existing revenue streams and new revenue streams and assign these revenues to the Corporation to raise financing and fulfil its objectives, once assigned, for the purpose of raising
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financing, such identified revenue sources shall not be used for any other purpose;
(d) In case, the Government cancels or reduces the assigned revenue streams or there is any shortfall in the assigned revenues for meeting the debt servicing obligations of the Corporation, Government shall assign alternative revenue streams to meet the committed financing and debt servicing liabilities of the Corporation or alternatively the Government shall take over the financial and debt servicing obligations of the Corporation.
10. Core Activities of the Corporation:- The core activities to be taken up by the Corporation are categorized and defined below:
(a) to ensure improved accessibility of tertiary care facilities and supply of skilled human resources in health sector;
(b) to ensure dedicated focus on health by upgradation and setting up of infrastructure;
(c) to mobilize resources for enabling skill development, medical education, research in healthcare sector along with providing best in class healthcare services to the people of Andhra Pradesh;
(d) to prepare annual budget, revenue and expenditure plans for the institutes and hospitals under its control;
(e) to enter into any arrangements with the Government or any of its undertakings in fulfillment of its core objectives;
(f) to fund and finance, the tertiary care hospitals and its attached institutions, medical colleges, nursing colleges, training'centers, labs, etc., in the State including the following:
(i) work through innovative financing, wider market outreach and deeper access to the market participants for mobilizing resources from banks, financial institutions, Non-Banking Financial Companies (NBFC's), investors, contributors and others through the escrow of the assigned cash flows and follow the principles of fiscal prudence while managing the activities;
(ii) receive any grants, subventions, donations and gifts from the State/ Central Government or undertakings of State / Central Government or
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foundations/ CSR/ charitable/ philanthropic organizations across globe or funding from multilateral/ bilateral/ development organizations or from institutions /persons for meeting the above objectives;
(iii) to raise money from capital markets (domestic and international), money markets, borrowings from banks, financial institutions, and other instruments in compliance with various statutes, rules, regulations, as prescribed by various statutory and regulatory authorities;
(iv) issue shares/ bonds/ debentures/ bills / any other instruments depending on the structure of financing and as per the Provisions of the Companies Act, 2013 (Central Act No.18 of 2013). SEBI regulations (if applicable) and other applicable laws;
(v) ensure that there is proper utilization of the funds in accordance with its core objectives;
(vi) establish or promote or concur in establishing any companies or trusts or societies or fund which may directly or indirectly help in achieving the core objectives of the Corporation.
CHAPTER IV
PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS
11. Transfer of assets and liabilities of the Government to the Corporation:- (1) All movable and immovable assets and liabilities of the existing hospitals, medical colleges and attached institutions under the control of Director of Medical Education (DME), as specified in Schedule shall vest in and stand transferred to the Corporation by a suitable process in compliance with applicable rules, laws and regulations.
(2) The Government may by notification from time to time alter/add to the Schedule.
(3) The Corporation shall be entitled to create security and/or escrow arrangements to raise financing from any creditor.
(4) Such properties, assets, rights, obligations and liabilities shall be valued in such manner as the Government may determine.
(5) If any doubt or dispute arises as to which of the properties or assets
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or rights or liabilities of the Government have been transferred to the Corporation, such doubt or dispute shall be referred to and decided by the Government, whose decision shall be final.
(6) In case of shortfall in revenues of APMERC for debt servicing, the Government shall assist APMERC to the extent of shortfall through provision of grants or other appropriate means.
CHAPTER V
FUNCTIONS AND POWERS
12. Government to vest or entrust resources to the Corporation:- (1) The Government may, from time to time, entrust different revenue streams and financial resources from new and existing hospitals, medical colleges or from any other sources by issue of Orders.
(2) Subject to the provisions of this Act and the rules and regulations made there under, in the first instance, the Government hereby assign to APMERC, all the revenues receivable by Hospitals, Colleges and other institutions under the purview of APMERC, including revenues receivable from Aarogyasri Trust, in such ratio between the Health institution and APMERC, as notified by Government from time to time. Such revenue stream may include revenue from medical college admission fee, rental amounts from built up space/land within the hospitals / medical colleges, fee from various Government healthcare schemes like Aarogyasri etc. for tertiary health care, any other fee leviable on health checkups, diagnostics or specific treatments in hospitals as approved by Government from time to time. The Government may provide grants in aid to APMERC for implementation of schemes as notified by the Government from time to time.
(3) The Government shall ensure that sufficient revenue streams are available with the Corporation to meet its obligations including servicing of loans. In case, the Government decides to change the assigned revenue stream (or any rate thereof) , then the government shall ensure that the funds realizable from such change are equal to or more than that which would have been realized under the original enactment. In case the revenue stream assigned to the Corporation is no longer available due to sub summation or any change in law, then the government shall be mandated to assign equivalent amounts for the Corporation through other assignable revenue streams.
(4) The Government may issue to the Corporation such general or special directions as to policy or exercise of the powers or performance of the function by the Corporation as it may think necessary or expedient for
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carrying out the purposes of this Act and the Corporation shall be bound to follow and act upon such directions.
13. Functions of the Corporation:- It shall be the functions of the Corporation,-
(a) To ensure implementation of healthcare programs / schemes entrusted to it by the Government;
(b) To raise finance for healthcare infrastructure by ring- fencing revenue and other cash flows through mechanisms like escrow accounts;
(c) Raising money from capital markets, domestic and international money markets and other instruments in compliance with various statues, rules, regulations as prescribed by various statutory and regulatory authorities;
(d) Deposit the monies .which cannot be immediately applied, into a Scheduled Commercial Bank or Banks or other public financial institutions or invest in Government of India securities or deposits issued by Government of Andhra Pradesh owned NBFC's subject to such conditions as may, from time to time, be specified by the Board;
(e) Funds mobilized by the Corporation are to be utilized exclusively by the Corporation to fund the eligible projects, and/or to repay the monies borrowed;
(f) To undertake schemes, either jointly with other State Government Corporations, or Government entities in furtherance of the core objectives of the Corporation for which, the Corporation is established and all matters . connected therewith;
(g) To take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act;
(h) To undertake any other activities entrusted by the Government in furtherance of the objectives for which the Corporation is established.
14. Powers of the Corporation:- It shall be the Powers of the Corporation,-
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(a) To enter any agreement with the Government or any of its undertakings from time to time in fulfillment of its core objectives;
(b) To enter into contracts in respect of the funding of the programs entrusted to it by the Government;
(c) To accord administrative approval, sanction budget and make financial provisions, settle disputes arising out of contracts and do any other things which may be necessary or expedient for the purpose of carrying out its functions under this Act, with prior approval of the Government wherever necessary;
(d) To acquire and hold property both movable and immovable as the Corporation may deem necessary for the performance of any of its functions, duties and activities and to lease, sell, exchange or otherwise transfer any as may be deemed proper by the Corporation, with prior approval of the Government wherever necessary;
(e) To engage subject matter experts, financial advisors, investment bankers and/or consultants, legal advisors and other professional consulting firms to assist the Corporation in fund raising from Banks, Financial institutions, Capital Markets and others;
(f) To do all such things and perform all such actions as may be necessary for or incidental or conducive to any matters which are necessary in furtherance of the objectives for which the Corporation is established;
(g) To pay any interest and principal due on the borrowed money from the Corporation funds;
(h) To open the bank accounts and invest the funds with ' due diligence and prudence, the monies which cannot be immediately applied, in public financial institutions (or) Government of India securities (or) Government of Andhra Pradesh owned NBFC's subject to such conditions as may, from time to time, be specified by the Board;
(i) To sue and be sued by its corporate name;
(j) No matter or thing or action done by the Corporation or
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the executive committee or its member or whomsoever acting under the Corporation as per the Act, bonafide or in good faith for the purpose of executing the provisions of this Act shall subject such person for any claim, liability, claim or demand whatsoever in respect thereof.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
15. Application of Corporation assets etc.,:- (1) All property, fund and other assets vesting in the Corporation shall be held and applied by it, for the purposes of this Act.
(2) The Corporation shall have and maintain its own fund, to which shall be credited:
(a) all monies received by the Corporation from the Government by way of grants, subventions, loans, advances and the loans raised under this Act;
(b) all fees, charges and costs received by the Corporation under this Act;
(c) all monies received by the Corporation from the disposal of lands, buildings and other properties, movable and immovable and other transactions;
(d) all monies received by the Corporation by way of rents and profits or from any other source.
(3) The Corporation may keep current and deposit account with banks as decided by the Executive Committee / Board.
(4) Such accounts shall be operated by such officer of the Corporation as may be authorized by it in this behalf.
(5) The Corporation may keep on hand such sum as it thinks fit for its day to day transactions subject to such limits and conditions as may be prescribed.
16. Contribution of Government to Corporation:- The Government shall, by appropriation duly made in this behalf, from time to time, provide funds to the extent considered necessary, to the Corporation for the performance of the functions of the Corporation under this Act. The Capital provided by
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the Government shall not carry any interest.
17. Reserve and other funds:- (1) The Corporation shall make provisions for reserve and other specially denominated funds as the Government may, from time to time, direct.
(2) The management of the funds referred to in section 16 above, the sums to be transferred, from time to time, to the credit thereof and the application of money comprised therein, shall, subject to the directions if any, issued by the Government in this behalf, be determined by the Corporation.
(3) None of the funds referred to in section 16 above shall, be utilized for any purposes other than that for which this Corporation is constituted.
18. State Government as guarantor:- The Corporation may seek State Government guarantee for the debt servicing whenever necessary and the Government shall guarantee the payment of the amounts due subject to agreed conditions of such guarantee provided.
19. Accounts and Audit:- (1) The Corporation shall maintain books of account and other books in relation to the business and transactions in such form, and in such manner, as prescribed under the Companies Act, 2013. (Central Act No.18 of 2013);
(2) The accounts of the Corporation shall be audited by an Auditor appointed by the Government, in consultation with the Comptroller and Auditor General of India.
(3) Within six (6) months from the end of the financial year, the Corporation shall send a copy of the accounts audited together with a copy of the report of the Auditor thereon to the Government.
(4) The Government shall cause the accounts of the Corporation together with the audit report thereon forwarded to it under sub-section (3) to be laid before the State Legislature, as far as. possible before the expiry of the next succeeding year to which the accounts and the report are related.
20. Concurrent and Special audit of Accounts:- (1) Notwithstanding anything contained in section 19, the Government may order that there shall be concurrent audit of the accounts of the Corporation by such person as it thinks fit. The Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Corporation relating to any particular transaction or class or series of transactions or a particular period.
(2) When an order is made under sub-section (1), the Corporation shall present or cause to be presented for audit all such accounts and shall furnish to the person, appointed under sub-section (1) such information as
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the said person may require for the purpose of audit,
CHAPTER - VII
MISCLLANEOUS AND SUPPLEMENTARY PROVISIONS
21. Annual Reports:- The Corporation shall prepare and submit to the Shareholders/ State Government, in such form as may be prescribed as per relevant Act, an annual report within six (6) months after the end of every financial year, of its activities during the previous financial year.
22. Other Activities of the Corporation:- The Corporation shall also furnish to the Shareholders/State Government such returns, statistics, reports, accounts and other information in respect to its conduct of affairs, properties or activites or assignment of schemes from time to time.
23. Prosecution:- Whoever contravenes the provisions of this Act is /are liable for prosecution.
24. Dues to be recovered:- All sums due or payable by any person to the Corporation or recoverable by it on account of any charge, costs, expenses, fees, rent, compensation or any other account under this Act or any rule or regulation made there under or any agreement made with the Corporation and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable.
25. Public Notices how to be made known:- Every public notice given under this Act or any rule or regulation made there under shall be in writing and under the signature of the officer concerned and shall be widely made known in the locality or in the properties or areas to be affected thereby affixing copies thereof in conspicuous public places, within the said locality or the said properties or areas or by publishing the same by beat of drum or by any other means that the officer may think fit. Public Notice may be through print media, digital media or publishing on official website of the Corporation.
26. Default in performance of duty:- (1) If the Government is of the opinion that the Corporation has made a default in the performance of any duty or obligation imposed or cast on it by or under this Act, the Government may fix a period for the performance of that duty or obligation and give notice to the Corporation accordingly.
(2). If, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the
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Government to supersede and reconstitute the Corporation as it deems fit.
(3) After the supersession of the Corporation and until it is reconstituted in the manner laid down in Chapter -II, the powers, duties and functions of the Corporation under this Act shall be carried on by the Government or by such officer or officers or Body of officers as the Government may appoint for this purpose, from time to time.
(4) All property vested in the Corporation shall, during the period of such supersession, vest in the Government.
(5) Where an offence under this Act has been committed by a Corporation, every person who, at the time the offence was committed, was in charge of and was responsible to, the Corporation for the conduct of the Business of the Corporation, to be guilty of the offence and shall be liable to be prosecuted and punished as per the applicable laws in force; Provided that, nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(6) Notwithstanding anything contained in sub-section(l), where an offence under this Act has been committed by a Corporation, and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the Corporation, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation:- for the purpose of this section,- ( a ) "Corporation" means a body corporate and includes a firm, association or persons or body of individuals whether incorporated or not and
(b ) "Director" means a Director appointed to the Board of a Corporation.
27. Authority for prosecution:- Unless otherwise expressly provided, no court shall take cognizance of any offence relating to property belonging to, or vested by or under this Act in the Corporation, punishable under this Act except on the complaint of, or upon information received from the Corporation or any person authorized by the Corporation by general or special order in this behalf.
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28. Compounding or offences by Corporation:- The Corporation or any person authorized by the Corporation by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act:
Provided that, where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
29. Delegation of powers of Corporation:- The Corporation may, with the previous approval of the Government, delegate any of its powers under this Act to any officer of the Government or any of its officers and permit them to re-delegate specific powers to their subordinates by general or specific order in this behalf.
30. Protection of action taken in good faith:- No suit, prosecution or other legal proceedings shall lie against any person or anything which is in good faith done or intended to be done under this Act or Rules or Regulations made there under.
31. Chairperson, Vice- Chairperson, Managing Director, Members and Officers etc., to be public servants:- The Chairperson., Vice-Chairperson and Managing Director, Directors, Members, Officers, Employees and Servants on deputation to or of the Corporation as the case may be, shall while acting or purporting to act in pursuance of any of the provisions of this Act or rules or regulations made there under, be deemed to be public servants within the meaning of Conduct Rules and section 21 of the Indian Penal Code, 1860 (Central Act No.45 of 1960);
32. Power to make rules:- (1) The State Government may, by notification in the Andhra Pradesh make rules. Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid before the State Legislature, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen(14) days which may be comprised in one session or in two(2) successive sessions, and if, before the expiration of the session in which it is so laid or the
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session immediately following, the State Legislature agrees in making any modifications in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled 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.
33. Power to make regulations:- The Government may make regulations consistent with this Act and the rules made there under for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Corporation, necessary for the exercise of its powers and the discharge of its functions under this Act.
34. Power to remove doubts and difficulties:- If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may by order make provisions or give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty:
Provided that no such order shall be made after the expiry of a period of two(2) years from the commencement of this Act.
35. Dissolution of the Corporation:-(1) Where the Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved so as to make the continued existence of the Corporation in the opinion of the Government unnecessary, the Government may by notification declare that the Corporation shall be dissolved with effect from such date as may be specified in the notification, and the Corporation shall be deemed to be dissolved accordingly and upon such dissolution, the members including the Chairperson and the Vice- Chairperson & Managing Director, if any, shall vacate their respective offices from the date as specified in the said notification of dissolution.
(2) All properties, funds, and dues which are vested in, or realizable by, the Corporation shall vest in, or be realizable by the Government.
(3) All liabilities which are enforceable against the Corporation shall be enforceable against the Government.
36. Act to override other laws:- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any law for the time being in force or in any rules having effect by virtue of any law other than this Act.
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37. Power to amend Schedule:- (1) The Government may, by notification, alter, add to the Schedule.
(2) Where a notification has been issued under subsection (1) there shall, unless the notification is in the meantime rescinded, be introduced in the State Legislature, as soon as may be, but in any case during the next session of the State Legislature following the date of the issue of notification, a Bill on behalf of the Government, to give effect to the alteration or addition, as the case may be, of the Schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder:
Provided that if the notification under sub-section(l) is issued when the State Legislature is in session, such a Bill shall be introduced in the State Legislature during that session:
Provided further that where for any reason a Bill as aforesaid does not become law within six (6) months from the date of its introduction in the State Legislature, the notification shall cease to have effect on the expiration of the said period of six (6) months.
(3) All references made in the Act to the Schedule shall be construed as relating to the Schedule in force for the time being amended in exercise of the powers conferred by this Section.
38. Repeal and Savings Ordinance No.1 of 2021:- The Andhra Pradesh Medical Education and Research Corporation (APMERC) Ordinance, 2020 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
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SCHEDULE
(See sub-section (1) of section 1 1)
List of Tertiary Care Hospitals
SL.
No Location Hospital
1 Srikakulam Government General Hospital, Srikakulam
2 Visakhapatnam KGH including Super Specialty Block,Visakhapatnam
3 Visakhapatnam Victoria Hospital, Visakhapatnam
4 Visakhapatnam VIMS, Visakhapatnam
5 East Godavari Government General Hospital, Kakinada
6 Krishna Government General Hospital, Vijayawada (Oldand New Hospitals, PMSSY)
7 Guntur Government General Hospital including CancerBlock, Guntur
8 Guntur Fever Hospital, Guntur
9 Prakasam Government General Hospital, Ongole
10 Nellore Government General Hospital, Nellore
11 Chittoor SVRRG Genera! Hospital, Tirupati
12 Kadapa Government General Hospital, Kadapa
13 Ananthapuramu Government General Hospital including PMSSYBlock, Ananthapuramu
14 Kurnool Government General Hospital, Kurnool
List of Medical Colleges SL. No Location Colleges
1 Srikakulam Government Medical college, Srikakulam
2 Visakhapatnam Andhra Medical College, Visakhapatnam
3 East Godavari Rangarava Medical College, Kakinada
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| 4 | Krishna | Government Medical College, Vijayawada |
| 5 | Guntur | Government Medical College, Guntur |
| 6 | Prakasam | Government Medical college, Ongole |
| 7 | Nellore | Government Medical College, Nellore |
| 8 | Chittoor | S.V. Medical College, Tirupati |
| 9 | Kadapa | Government Medical College, Kadapa |
| 10 | Ananthapuramu | Government Medical College, Ananthapuramu |
| 11 | Kurnool | Government Medical College, Kurnool |