ALL-INDIA
INSTITUTE OF MEDICAL SCIENCES (AMENDMENT) ACT, 2012 [REPEALED] THE ALL-INDIA INSTITUTE OF MEDICAL SCIENCES (AMENDMENT) ACT, 2012 [Act No. 37 of 2012] [12th September, 2012] An Act further to amend the All-India Institute of
Medical Sciences Act, 1956. Be
it enacted by Parliament in the Sixty-third Year of the Republic of India as
follows:-- (1) This Act may be called the All-India Institute of
Medical Sciences (Amendment) Act, 2012. (2)
It
shall be deemed to have come into force on the 16th day of July, 2012. In
the All-India Institute of Medical Sciences Act, 1956 (25 of 1956) (hereinafter
referred to as the principal Act), in the long title, for the words "an
All-India Institute of Medical Sciences", the words "All-India
Institutes of Medical Sciences" shall be substituted. In section 1
Preamble - THE ALL-INDIA INSTITUTE OF
MEDICAL SCIENCES (AMENDMENT) ACT, 2012PREAMBLE
Section 4 - Amendment of section 2
In section 2 of
the principal Act,--
(A) for clause (a), the following clauses shall be
substituted, namely:--
'(a)
"corresponding Institute" means the Institutes referred to in column
(3) of the Table given under section
27A;
(aa)
"existing Institute" means the All-India Institute of Medical
Sciences,--
(i) established under sub-section (1) of section 3,
before the commencement of the All-India Institute of Medical Sciences
(Amendment) Act, 2012; and
(ii) located at New Delhi, as required under section 12 as
it stood before such commencement;
(ab)
"Fund" means the Fund of the Institute referred to in section 16;';
(B)
in
clause (c), after the words and figure "under section 3", the words, brackets and figures "and
includes the corresponding Institutes and other Institutes which may be
established on and after the commencement of the All-India Institute of Medical
Sciences (Amendment) Act, 2012" shall be inserted;
(C)
after
clause (f), the following clause shall be inserted at the end, namely:--
'(g)
"society" means the society referred to in column (2) of the Table
given under section
27A.'.
Section 5 - Amendment of section 3
In section 3 of
the principal Act,--
(a) in sub-section (1), the following proviso shall be
inserted, namely:--
"Provided
that the Central Government may, on and after the commencement of the All-India
Institute of Medical Sciences (Amendment) Act, 2012, establish by notification
in the Official Gazette, such other All-India Institutes of Medical Sciences at
such places as it may specify in the said notification in addition to the
existing Institute and the corresponding Institutes.";
(b) in sub-section (2), for the words "The
Institute", the words "Every Institute" shall be substituted.
Section 6 - Amendment of section 4
In section 4 of
the principal Act,--
(i) in the opening portion, for the words "The
Institute", the words "Every Institute" shall be substituted;
(ii) for clause (a), the following clauses shall be
substituted, namely:--
"(a)
in the case of existing Institute, the Vice-chancellor of the Delhi University,
ex officio;
(aa)
in the case of every other Institute established on and after the commencement
of the All-India Institute of Medical Sciences (Amendment) Act, 2012, the
Vice-Chancellor of a University situated in a State in which such Institute has
been established after such commencement and such Vice-Chancellor shall be
nominated by the Central Government;".
Section 7 - Substitution of new section for section 5
For section 5 of
the principal Act, the following section shall be substituted, namely:--
"5. Declaration of Institutes as institution
of national importance.--
(1) It is hereby declared that the existing Institute
declared as an institution of national importance, before the commencement of
the All-India Institute of Medical Sciences (Amendment) Act, 2012, under section 5 as
it stood before such commencement, shall continue to be an institution of
national importance.
(2) It is hereby declared that every corresponding
Institute shall be an institution of national importance.
(3) It is hereby declared that every Institute
established under the proviso to sub-section (1) of section 3,
on and after the commencement of the All-India Institute of Medical Sciences
(Amendment) Act, 2012, shall be an institution of national importance.".
Section 8 - Amendment of section 7
In section 7 of
the principal Act, in sub-section (1),--
(a) for the words "President of the Institute",
the words "President for every Institute" shall be substituted;
(b) the following proviso shall be inserted, namely:--
"Provided
that the President of the existing Institute shall also be the President of
every corresponding Institute and other Institutes established on and after the
commencement of the All-India Institute of Medical Sciences (Amendment) Act,
2012, till such date the Central Government nominates a separate President for
every corresponding Institute and other Institutes established after such
commencement.".
Section 9 - Amendment of section 8
In section 8 of
the principal Act,--
(a) for the words "from the Institute", the
words "from the Institute of which they are the President and
members" shall be substituted;
(b) the following proviso shall be inserted, namely:--
"Provided
that in case a person is a President of two or more Institutes, the allowances
shall be borne by the Institutes in such proportion as may be prescribed by
rules.".
Section 10 - Amendment of section 9
In section 9 of
the principal Act,--
(a) for the words "The Institute shall", the
words "Every Institute shall" shall be substituted;
(b) for the words "the Institute shall meet",
the words "every Institute shall meet" shall be substituted;
(c) the following proviso shall be inserted, namely:--
"Provided
that the provisions relating to holding of the first meeting shall not apply to
the existing Institute.".
Section 11 - Amendment of section 10
In section 10 of
the principal Act,--
(a) in sub-section (1),--
(i) for the words "a Governing Body of the
Institute which shall be constituted by the Institute", the words
"separate Governing Body for every Institute which shall be constituted by
such Institute" shall be substituted;
(ii) the following proviso shall be inserted, namely:--
"Provided
that the Governing Body of the existing Institute, constituted before the
commencement of the All-India Institute of Medical Sciences (Amendment) Act,
2012, shall be deemed to have been constituted under this section.";
(b)
in
sub-sections (2) and (3), for the words "the Institute", the words
"every Institute" shall be substituted;
(c) in sub-section (5),--
(i) for the words "the Institute may
constitute", the words "every Institute may constitute" shall be
substituted;
(ii) for the words "functions of the
Institute", the words "functions of such Institute" shall be
substituted;
(d) in sub-section (6),--
(i) for the words "members of the Institute; but
an ad hoc committee may include persons who are not members of the
Institute", the words "members of every Institute; but an ad hoc committee may
include persons who are not members of such Institute" shall be
substituted;
(ii) the following proviso shall be inserted, namely:--
"Provided
that the Standing Committee of the existing Institute constituted, before the
commencement of the All-India Institute of Medical Sciences (Amendment) Act,
2012, shall be deemed to have been constituted under this section.".
Section 12 - Amendment of section 11
In section 11 of
the principal Act, in sub-section (1),--
(a) for the words "chief executive officer of the
Institute", the words "chief executive officer of every
Institute" shall be substituted;
(b) for the words "Director of the
Institute", the words "Director of such Institute" shall be
substituted;
(c) for the proviso, the following provisos shall be
substituted, namely:--
"Provided
that the first Director of every Institute (other than the existing Institute),
established on and after the commencement of the All-India Institute of Medical
Sciences (Amendment) Act, 2012, shall be appointed by the Central Government:
Provided
further that in case a Director of a society has been appointed by the Central
Government before the commencement of the All-India Institute of Medical
Sciences (Amendment) Act, 2012, such Director shall be deemed to be the first
Director of the concerned corresponding Institute.".
Section 13 - Substitution of new section for section 12
For section 12 of
the principal Act, the following section shall be substituted, namely:--
"12. Location of Institutes.--
(1) The existing Institute shall be located at New
Delhi.
(2) All corresponding Institutes shall be located at
the places mentioned in column (3) of the Table given under section 27A.
(3) All Institutes [other than the existing Institute
and corresponding Institutes referred to in sub-sections (1) and (2)] shall be
located at such places as the Central Government may, by notification in the
Official Gazette, specify."
Section 14 - Amendment of section 13
In section 13 of
the principal Act, in the opening portion, for the words "the
Institute", the words "every Institute" shall be substituted.
Section 15 - Amendment of section 14
In section 14 of
the principal Act, in the opening portion, for the words "the
Institute", the words "every Institute" shall be substituted.
Section 16 - Amendment of section 15
In section 15 of
the principal Act, for the words "the Institute", the words
"every Institute" shall be substituted.
Section 17 - Amendment of section 16
In section 16 of
the principal Act, in sub-section (1),--
(i) for the words "The Institute", the words
"Every Institute" shall be substituted;
(ii) after clause (d), the following proviso shall be
inserted, namely:--
"Provided
that the Fund maintained by the existing Institute and the society, before the
commencement of the All-India Institute of Medical Sciences (Amendment) Act,
2012, shall be deemed to be the Fund maintained under this section.".
Section 18 - Amendment of section 17
In section 17 of
the principal Act,--
(a) for the words "The Institute shall
prepare", the words "Every Institute shall prepare" shall be
substituted;
(b)
for
the words "expenditure of the Institute", the words "expenditure
of the concerned Institute" shall be substituted.
Section 19 - Amendment of sections 18 and 19
In sections 18 and 19 of the
principal Act, for the words "The Institute" and "the
Institute", wherever they occur, the words "Every Institute" and
"every Institute" shall, respectively, be substituted.
Section 20 - Amendment of section 20
In section 20 of
the principal Act, in sub-section (1),--
(a) for the words "The Institute", the words
"Every Institute" shall be substituted;
(b) the following proviso shall be inserted, namely:--
"Provided
that the pension and provident fund constituted by the existing Institute or
society, before the commencement of the All-India Institute of Medical Sciences
(Amendment) Act, 2012, shall be deemed to be the pension and provident fund
under this section.".
Section 21 - Amendment of section 21
In section 21 of
the principal Act,--
(a) for the words "decisions of the
Institute", the words "decisions of every Institute" shall be
substituted;
(b) for the words "officer of the Institute",
the words "officer of every Institute" shall be substituted.
Section 22 - Amendment of sections 22, 23, 24, 25 and 27
In sections 22, 23, 24, 25 and 27 of the
principal Act, for the words "The Institute" and "the
Institute", wherever they occur, the words "Every Institute" and
"every Institute" shall, respectively, be substituted.
Section 23 -
After section 27 of
the principal Act, the following sections shall be inserted, namely:--
"27A. Incorporation of Institute registered as
society under the Societies Registration Act, 1860.--Each of the Institute, registered as society under
the Societies Registration Act, 1860 (21 of 1860) and mentioned in column (2)
of the Table below shall be a body corporate having perpetual succession and
common seal and shall by its name mentioned in column (3) of that Table, sue
and be sued:
TABLE
List of societies incorporated as All-India
Institutes of Medical Sciences
|
Serial Number |
Society |
Corresponding Institute and place of its location |
|
(1) |
(2) |
(3) |
|
1. |
All-India Institute
of Medical Sciences, Bhopal |
All-India
Institute of Medical Sciences, Bhopal (Madhya Pradesh). |
|
2. |
All-India
Institute of Medical Sciences, Bhubaneswar |
All-India
institute of Medical Sciences, Bhubaneswar (Odisha). |
|
3. |
All-India
Institute of Medical Sciences, Jodhpur |
All-India
Institute of Medical Sciences, Jodhpur (Rajasthan). |
|
4. |
All-India
Institute of Medical Sciences, Patna |
All-India
Institute of Medical Sciences, Patna (Bihar). |
|
5. |
All-India
Institute of Medical Sciences, Raipur |
All-India
Institute of Medical Sciences, Raipur (Chhattisgarh). |
|
6. |
All-India
Institute of Medical Sciences, Rishikesh |
All-India
Institute of Medical Sciences, Rishikesh (Uttarakhand). |
27B. Effect of incorporation of Institutes.--(1) On and after the commencement of the All-India
Institute of Medical Sciences (Amendment) Act, 2012,--
(a) any reference to a society in any law, other than
this Act, or in any contract or other instrument, shall be deemed as a
reference to the corresponding Institute;
(b) all property, movable and immovable, of or
belonging to a society shall vest in the corresponding Institute;
(c) all the rights and liabilities of a society shall
be transferred to, and be the rights and liabilities of, the corresponding Institute;
(d) subject to the provisions of this Act, every person
(including Director, officers and other employees) who is employed in the
society, immediately before the commencement of the All-India Institute of
Medical Sciences (Amendment) Act, 2012, shall, on and after such commencement,
become an employee of the corresponding Institute and shall hold his office or
service therein by the same tenure, at the same remuneration and upon the same
terms and conditions and with the same rights and privileges as to pension,
leave, gratuity, provident fund and other matters as he would have held the
same on the date of the commencement of the All-India Institute of Medical
Sciences (Amendment) Act, 2012, as if the said Act had not been promulgated,
and shall continue to do so unless and until his employment is terminated or
until such tenure, remuneration and terms and conditions are duly altered by
regulations:
Provided that the tenure, remuneration and terms
and conditions of service of any such person shall not be altered to his
disadvantage without the previous approval of the Central Government;
(e)
the
governing body of every society, shall, from the date of constitution of the
Governing Body under sub-section (1) of section 10, stand dissolved and no chairperson or other
person shall be entitled to any compensation for the premature termination of
the term of his office or of any contract of service;
(f)
all
committees (including Standing Committee, if any) of the society shall stand
dissolved;
(g) any examination conducted by the existing Institute
for admission of candidates for award of medical degrees and diplomas by such
society shall be valid examination and be deemed to have been conducted by the
corresponding Institute.
(2) ??Not
with standing anything contained in the Industrial Disputes Act, 1947 (14 of
1947) or in any other law for the time being in force, absorption of any
employee by the corresponding Institutes in its regular service under this
section shall not entitle such employee to any compensation under this Act or
any other law and no such claim shall be entertained by any court, tribunal or
other authority.
27C. Provisions of this Act to apply to societies
incorporated into All-India Institutes of Medical Science under section 27A.--All provisions of this Act shall, mutatis mutandis,
apply to the societies, referred to in column (2) of the Table given
under section
27A, incorporated into All-India
Institutes of Medical Sciences referred to in column (3) of the said Table.
Provisions
of this Act to apply to societies incorporated into All-India Institutes of
Medical Sciences under section
27A.
27D. Power to make transitory provisions for
Institutes (other then existing Institute).--(1) The Central Government may, if it is of the
opinion that certain measures are required for speedy and effective functioning
of corresponding Institutes (other than the existing Institute), by
notification in the Official Gazette, specify such measures as it may consider
necessary for the smooth and effective functioning of such Institutes:
Provided that no such notification shall be issued
under this section, after the expiry of a period of two years from the date of
commencement of the All-India Institute of Medical Sciences (Amendment) Act,
2012.
(2) ???Every
notification issued under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.".
Section 24 -
In section 28 of
the principal Act,--
(a) in sub-section (1), for the words "the
Institute", the words "all the Institutes" shall be substituted;
(b) in sub-section (2),--
(i) for the words "the Institute", wherever
they occur, the words "every Institute" shall be substituted;
(ii) after clause (a), the following clause shall be
inserted, namely:--
"(aa)
the proportion of allowances of the President to be borne by the Institutes
under the proviso to section
8;".
Section 25 - Amendment of section 29
In section 29 of
the principal Act,--
(a) in sub-section (1),--
(i) in the opening portion, for the words "The
Institute", the words "Every Institute" shall be substituted;
(ii) after clause (n), the following proviso shall be
inserted, namely:--
"Provided
that the regulations made by the existing Institute, before the commencement of
the All-India Institute of Medical Sciences (Amendment) Act, 2012, shall
continue to be the regulations made under this section until such regulations
are amended or rescinded by the existing Institute in accordance with the
provisions of this section.";
(b) in sub-section (2), the following proviso shall be
inserted, namely:--
"Provided
that every corresponding Institute shall, within three months of the date of
the commencement of the All-India Institute of Medical Sciences (Amendment)
Act, 2012, make regulations.".
Section 26 - Repeal and saving
(1) The All- India Institute of Medical Sciences
(Amendment) Ordinance, 2012, (Ord. 1 of 2012) is hereby repealed.
(2) Not with standing such repeal, anything done or any
action taken under the principal Act, as amended by the said Ordinance, shall
be deemed to have been done or taken under the corresponding provisions of the
principal Act, as amended by this Act.
Statement of Objects and Reasons -
ALL-INDIA INSTITUTE OF MEDICAL SCIENCES (AMENDMENT) ACT, 2012
STATEMENT OF OBJECTS AND REASONS
(1) The All-India Institute of Medical Sciences Act,
1956 (AIIMS Act) was enacted to provide for the establishment of an All-India
Institute of Medical Sciences (AIIMS). The main object of the aforesaid Act is
to provide a high standard of medical education, both post-graduate and
under-graduate, for all medical colleges and other allied institutions in the
country to improve professional competence among medical practitioners and to
attain self-sufficiency in post-graduate medical education and to promote
medical research.
(2) The Pradhan Mantri Swasthya Suraksha Yojana scheme
was announced on the 15th August, 2003 with the objective of correcting the
imbalances in the availability of affordable or reliable tertiary level health
care and also for improving facilities for quality medical education in the
States. In pursuance of the said scheme, initially six All-India Institute of
Medical Sciences (in addition to the AIIMS, New Delhi established under the
AIIMS Act) one each in the States of Bihar (Patna), Chhattisgarh (Raipur),
Madhya Pradesh (Bhopal), Odisha (Bhubaneswar), Rajasthan (Jodhpur) and
Uttarakhand (Rishikesh) were set up under the Societies Registration Act, 1860
broadly similar to the existing AIIMS, New Delhi. The Central Government has
also taken a decision to set up in future (in the second phase) two more
All-India Institute of Medical Sciences broadly similar to the existing AIIMS,
New Delhi.
(3) The aforesaid six All-India Institute of Medical
Sciences were registered under the Societies Registration Act, 1860 as an
interim measure. These Institutes set up under the Societies Registration Act,
1860 do not have authority to impart medical education and grant degrees or
diplomas in the field of medical education. In order to make them operational
for imparting medical education, the said six All-India Institute of Medical
Sciences (similar to the existing AIIMS, New Delhi) and such other institutions
to be established in future, are proposed to be given statutory status by
amending the AIIMS Act. The six States in which the aforesaid six Institutes
were established had requested the Central Government to make them operational
urgently and to commence the academic session at the aforesaid six All-India
Institutes of Medical Sciences in September, 2012.
(4) As Parliament was not in session and immediate
steps were required to be taken to commence the academic session at the
aforesaid six All-India Institutes of Medical Sciences in September, 2012 and
make necessary amendments to the All-India Institute of Medical Sciences Act,
1956, the President was pleased to promulgate the All-India Institute of
Medical Sciences (Amendment) Ordinance, 2012.
(5) It is proposed to introduce the All-India Institute
of Medical Sciences (Amendment) Bill, 2012, replacing the All-India Institute
of Medical Sciences (Amendment) Ordinance, 2012, inter alia, provides for-
(a) amending the long title of the AIIMS Act to provide
for establishment of more than one All-India Institute of Medical Sciences at
various locations in different States, instead of the one existing All-India
Institute of Medical Sciences at New Delhi, as provided in the said Act;
(b) changing the status of the aforesaid six All-India
Institute of Medical Sciences already registered under the Societies
Registration Act, 1860, to be an autonomous body corporate on the lines of the
existing All-India Institute of Medical Sciences, New Delhi;
(c) conferring power upon the Central Government to
establish more than one All-India Institute of Medical Sciences, at such places
as may be specified by it, by notification in the Official Gazette;
(d) declaring that the aforesaid six All-India
Institutes of Medical Sciences established as societies under the Societies
Registration Act, 1860 after their incorporation as autonomous body corporates
(after enactment of the Bill) and every Institute to be established in future
under the AIIMS Act (after enactment of the Bill) would also to be an
institution of national importance;
(e) making provisions so as to provide that all the
aforesaid six All-India Institutes of Medical Sciences would be similar to the
existing AIIMS, New Delhi broadly in respect of all matters including
nomination of Vice-Chancellor, appointment of President, constitution of the
General Body and service matters of staff, etc.;
(f) conferring power upon the Central Government to
make transitory provisions by notification so as to specify such measures as it
may consider necessary for the smooth and efficient functioning of the
Institutes, other than the existing All-India Institute of Medical Sciences.
(6)
The
Notes on clauses explain the various provisions contained in the Bill.
(7) The Bill seeks to replace the aforesaid Ordinance.