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SREECHITRATIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM ACT

Ministry of Law and Justice

Act nº 52 of 1980


  • Act nº 52 of 1980

Preamble

THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM, ACT, 1980

[Act, No. 52 of 1980]

[3rd December, 1980]

PREAMBLE

An Act to declare the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, to be an institution of national importance and to provide for its incorporation and matters connected therewith.

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

Section 1. Short title and commencement

(1) This Act may be called the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, Act, 1980.

(2) It shall come into force on such date 1.3.1981: Vide Notification No.G.S.R.254, dt.17.2.1981, Gazette of India, Pt. II. Section 3 (1) as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Declaration of the Sree Chitra, Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, as an institutions of national importance

Where the objects of the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, are such as to make the institution one of national importance, it is hereby declared that the institution, known as the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, is an institution of national importance.

Section 3. Definitions

In this Act, unless the context otherwise requires;-

(a) "Chairman" means the Chairman of the Governing Body;

(b) "Director" means the Director of the Institute;

(c) "Fund" means the Fund of the Institute referred to in section 16;

(d) "Governing Body" means the Governing Body of the Institute;

(e) "Institute" means the institution known as the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, incorporated under this Act;

(f ); "member" means a member of the Institute;

(g) "President" means the President of the Institute;

(h) "regulation" means a regulation made by the Institute;

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

Section 4. Incorporation of Institute

The Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, is hereby constituted a body corporate by the name of Sree Chitra Tirunal Institute for Medical Sciences and technology, Trivandrum, 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 Kerala University, ex officio;

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

(c) the Director, ex officio;

(d) four members to be nominated by the Central Government to represent respectively the Departments or, as the case may be, Ministries of that Government dealing with Science and Technology, Health, Finance and Education;

(e) two members to be nominated by the Government of the State of Kerala to represent respectively the departments or, as the case may be, Ministries of that Government dealing with Planning, Science and Technology and Health;

(f) three scientists of whom two shall be medical scientists and one shall be a social scientist, to be nominated by the Central Government in the manner prescribed by rules;

(g) three scientists representing engineering and technology to be nominated by the Central Government in the manner prescribed by rules;

(h) the Head of the Biomedical Technology Wing of the Institute, ex officio;

(i) three representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; and

(j) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States.

Section 6. Term of office of and vacancies among members

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

(2) The term of office of a member elected under clause (I) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was elected1"or he becomes Speaker or Deputy Speaker of the House of the People, or Deputy Chairman of the Council of States, or a Minister."

(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 to 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 (I) of section 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 vide The Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum (Amendment) Act, 2005.


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.

(2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by the 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) (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 shall be the Chairman of the Governing Body land 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 regulation.

(5) Subject to such control and restrictions as may be prescribed by rules, the Institute may constitute as may 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 Chairman and members of a Standing committee or an ad hoc committee shall receive such allowances, if any, as 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 in this behalf, he appointed by the Institute;

Provided that the first Director of the Institute shall be appointed by the Central Government.

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

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

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

(5) Subject to such rules as may be made 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, gratuity, provident fund and other matters as may be prescribed by regulations made in this behalf.

Section 12. Objects of Institute

The objects of the Institute shall be--

(a) to promote biomedical engineering and technology;

(b) to provide and demonstrate high standards of patient care in advanced medical specialities; and

(c) to develop post-graduate training programmes of the highest quality in advances medical specialities and biomedical engineering and technology;

Section 13. Functions of Institute

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

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

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

(c) conduct experiments in integrated methods of post-graduate medical and technological education in order to arrive at satisfactory standards of such education;

(d) prescribe courses and curricula for post-graduate studies;

(e) provide for post-graduate teaching and training in biomedical sciences and technology;

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

(i) one or more well equipped hospitals, and

(ii) one or more centres for research and development in biomedical technology;

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

(h) institute and appoint persons to professorships, readerships, lectureships and posts of any description in accordance with the regulations;

(i) receive grants from the Governments and Gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;

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

(k) demand and receive such fees and other charges as may be prescribed by regulations; and

(l) do all other acts and things as may necessary to further the objects specified in section 12..

Section 14. Vesting of property

All properties which had vested in the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, immediately before the commencement of this Act, shall, on and from such Commencement, vest in the Institute.