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POST-GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH, ACT

Ministry of Law and Justice

Act nº 51 of 1966


  • Amending Acts
  • Act nº 51 of 1966

Preamble

POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH, ACT, 1966

[Act, No. 51 of 1966]

[17th December, 1966]

PREAMBLE

An Act to declare the Institution known as the Post-Graduate Institute of Medical Education and Research, Chandigarh, to be an institution of national importance and to provide for its incorporation and matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: -

Section 1. Short title and commencement

(1) This Act may be called the Post-Graduate Institute of Medical Education and Research Chandigarh, Act 1966.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

1. The appointed date 01.04.1967 vide Gazette of India dated 29.03.1967.


Section 2. Declaration of Post-Graduate Institute of Medical Education and Research, Chandigarh, as an institution of national importance

Whereas the objects of the institution known as the Post-Graduate Institute of Medical Education and Research, Chandigarh in the Union Territory of Chandigarh are such as lo make the institution one of national importance, it is hereby declared that the institution known as the Post-Graduate Institute of Medical Education and Research, Chandigarh, is an institution of national importance.

Section 3. Definitions

In this Act unless the context otherwise requires.-

(a) "Fund" means the Fund of the Institute referred to in 16:

(b) "Governing Body" means the Governing Body of the Institute:

(c) "Institute means the institution known as the Post-Graduate Institute of Medical Education and Research, Chandigarh, incorporated under this Act:

(d) "member" means a member of the Institute:

(e) "regulation" means a regulation made by the Institute:

(f) "rule" means a rule made by the Central Government.

Section 4. Incorporation of Institute

The Post-Graduate Institute of Medical Education and Research Chandigarh, is hereby constituted a body corporate by the name aforesaid and as such body corporate. it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name sue and be sued.

Section 5. Composition of Institute

The Institute shall consist of the following members, namely: -

(a) the Vice-Chancellor of the Punjab University, ex officio:

(b) the Director-General of Health Services. Government of India, ex officio:

(c) the Director of the Institute, ex officio:

(d) three representatives of the Central Government to be nominated by that Government, one each from the Ministry of Finance, Ministry of Education and Ministry of Health and Family Planning:

(e) seven persons of whom one shall be a non-medical scientist representing the Indian Science Congress Association, to be nominated by the Central Government:

(f) tour representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules: and

(g) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People (Lok Sabha) and one from among themselves by the members of the Council of Slates (Rajya Sabha).

Section 6. Term of office of, and vacancies among, members

(1) Save as other wise provided in this, the term of office of a member shall be five years from the date of his nomination or election.

(2) The term of office of a member elected under clause (g) of 3 shall come to an end as soon as he1[becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States, or] ceases to be a member of the House from which he was elected.

(3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member.

(4) The term of office of a member nominated or elected lo fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected.

(5) An outgoing member other than a member elected under clause (b) of 5 shall unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place.

(6) An outgoing member shall be eligible for re-nomination or re-election.

(7) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government.

(8) The manner of filling vacancies among members shall be such as may be prescribed by rules.

1. Inserted by the Post-Graduate Institute Of Medical Education And Research, Chandigarh (Amendment) Act, 2001 w.e.f. 03.08.2001.


Section 7. President of Institute

(1) There shall be a President of the Institute who shall be nominated by the Central Government from among the members other than the Director of the Institute.

(2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations.

Section 8. Allowances of President and members

The President and other members shall receive such allowances, if any, from the Institute as may be prescribed by rules.

Section 9. Meetings of Institute

The Institute shall hold its first meeting at such time and place as may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government: and thereafter the Institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

Section 10. Governing Body and other committees of Institute

(1) There shall be a Governing Body of the Institute which shall be constituted by the Institute in such manner as may be prescribed by regulations:

Provided that the number of persons who are not members of the Institute shall not exceed one-third of the total membership of the Governing Body.

(2) The Governing Body shall be the executive committee of the Institute and shall exercise such powers and discharge such functions as the Institute may, by regulations made in this behalf, confer or impose upon it.

(3) The President of the Institute shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations.

(4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be prescribed by regulations.

(5) Subject to such control and restrictions as may be prescribed by rules, the Institute may constitute as many standing committees and as many ad hoc committees as it thinks-fit for exercising any power or discharging any function of the Institute or for inquiring into, or reporting or advising upon any matter which the Institute may refer to them.

(6) The Chairman and members of the Governing Body and the Chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations.

Section 11. Staff of Institute

(1) There shall be a chief executive officer of the Institute who shall be designated as the Director of the Institute and shall, subject to such rules as may be made by the Central Government in this behalf, be appointed by the institute. Provided that the first Director of the Institute shall be appointed by the Central Government.

1[(1A) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years whichever is earlier:

Provided that any person holding office as a Director immediately before the commencement of the All-India Institute of Medical Sciences and the Past-Graduate Institute of Medical Education and Research (Amendment) Act, 2007, shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Director and shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of his office or of any contract of service.]

(2) The Director shall act as the Secretary to the Institute as well as the Governing Body.

(3) The Director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President of the Institute or by the Governing Body or the Chairman of the Governing Body.

(4) Subject to such rules as may be made by the Central Government in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees.

(5) Subject to such rules as may be made by the Central Government in this behalf, the Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf.

1. Inserted by the All-India Institute of Medical Sciences and the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 [Act No. 42 of 2007].


Section 12. Objects of Institute

The objects of the Institute shall be-

(a) to develop patterns of teaching in under-graduate and post-graduate medical education in all its branches so as to demonstrate a high standard of medical education.

(b) to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity: and

(c) to attain self-sufficiency in post-graduate medical education to meet the country's needs for specialists and medical teachers.

Section 13. Functions of Institute

With a view to the promotion of the objects specified in 12, the Institute may-

(a) provide for under-graduate and post-graduate teaching in the science of modem medicine and other allied sciences, including physical and biological sciences:

(b) provide facilities for research in the various branches of such sciences:

(c) provide for the teaching of humanities:

(d) conduct experiments in new methods of medical education, both under-graduate and post-graduate, in order to arrive at satisfactory standards of such education;

(e) prescribe courses and curricula for both under-graduate and post-graduate studies;

(f) notwithstanding anything contained in any other law for the time being in force, establish and maintain-

(i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only under-graduate medical education but also post-graduate medical education in different subjects,

(ii) one or more well-equipped hospitals.

(iii) a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary.

(iv) a nursing college sufficiently staffed and equipped for the training of nurses.

(v) rural and urban health organisations which will form centres for the field training of the medical, dental and nursing students of the Institute as well as for research into community health problems, and

(vi) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists, pharmacists, drug analysts and medical technicians of various kinds:

(g) train teachers for the different medical colleges in India: .

(h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in under-graduate and post-graduate medical education as may be laid down in the regulations;

(i) institute, and appoint persons to. professorships, readerships, lecturer ships and posts of any description in accordance with regulations:

(j) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be:

(k) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in 12,

(l) demand and receive such fees and other charges as may be prescribed by regulations.

1 [(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf:

(n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;]

1 [(o)] do all such other acts and things as may be necessary to further the objects specified in 12.

1. The original clause (m) relettered as clause (o) and before clause (o) so re-lettered clauses (m) and (n) inserted by All India Institute of Medical Sciences and Post-Graduate Institute of Medical Education and Research Chandigarh (Amendment) Act, 1987 (Act 30 of 1987) 08.09.1987.


Section 14. Vesting of property

The properties of the Institute which had, by virtue of the Punjab Reorganisation Act, 1966, vested in the Central Government, shall on the commencement of this Act, vest in the Institute.