KERALA
CO-OPERATIVE HOSPITAL COMPLEX, THE ACADEMY OF MEDICAL SCIENCES AND ALLIED
INSTITUTIONS (TAKING OVER AND ADMINISTRATION) ACT, 2019 THE KERALA CO-OPERATIVE HOSPITAL COMPLEX, THE
ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS (TAKING OVER AND
ADMINISTRATION) ACT, 2019 [Act No. 13 of 2019] An Act to provide for taking over and administering
the Co-operative Hospital Complex, the Academy of Medical Sciences and allied
institutions by the Government, which were run by the Kerala State Co-operative
Hospital Complex and Academy of Medical Sciences, respectively, in Pariyaram,
Kannur District and are now managed by the Board of Control appointed by the
Government and for matters connected therewith or incidental thereto. WHEREAS,
it is expedient to provide for taking over and administering the Co-operative
Hospital Complex, the Academy of Medical Sciences and allied institutions by
the Government, which were run by the Kerala State Co-operative Hospital
Complex and Academy of Medical Sciences, respectively, in Pariyaram, Kannur
District and are now managed by the Board of Control appointed by the
Government and for matters connected therewith or incidental thereto; Be it
enacted in the Seventieth Year of the Republic of India as follows:-- (1)
This Act may be called the Kerala
Co-operative Hospital Complex, the Academy of Medical Sciences and Allied
Institutions (Taking over and Administration) Act, 2019. (2)
It shall be deemed to have come into force on
the 2nd day of March, 2019. In
this Act, unless the context otherwise requires,-- (a)
"Academy of Medical Sciences" means
the society known as Academy of Medical Sciences, Pariyaram, Kannur District,
registered with Certificate of Registration No. 503 of 1993 under the Societies
Registration Act, 1860 (Central Act XXI of 1860); (b)
"Board of Control" means the Board
of Control appointed as per section 3 of the Kerala Co-operative Hospital
Complex and the Academy of Medical Sciences (Taking over the Management and
Administration) Ordinance, 2018 ( 1 of 2019); (c)
"Co-operative Hospital Complex"
means the Co-operative Society known as the Kerala State Co-operative Hospital
Complex and Centre for Advanced Medical Services Limited, Kannur District,
registered with Certificate of Registration No. 4386 under the Kerala Co-operative
Societies Act, 1969 (21 of 1969); (d)
"Financial Institution" means
banks, co-operative banks and other banking institutions from where the
societies have availed loans for the functioning of or improving the physical
facilities of the establishments; (e)
"Establishments" means the
Pariyaram Medical College and allied institutions established under the
Memorandum of Association, rules and regulations of the Academy of Medical
Sciences and the Medical College Hospital established by the Co-operative Hospital
complex together with the dispensaries attached thereto and used in connection
therewith and includes all buildings, lecture rooms, museums, laboratories,
libraries, hostels and boarding houses used in connection with or as
accessories to or adjuncts of the said medical college and hospital, all
assets, rights, powers, authorities and privileges, furniture, stores,
equipments, automobiles and other vehicles, cash balance, reserve fund,
investments and book debts and all other movable rights and interests in the
medical college and hospital now in the possession and administrative control
of the Board of Control as per the provisions in the Kerala State Co-operative
Hospital Complex and Academy of Medical Sciences (Taking over the Management
and Administration) Ordinance, 2018 (1 of 2019); (f)
"allied institutions" means
Pariyaram Medical College, Pariyaram Dental College, Academy of Pharmaceutical
Sciences, College of Nursing - Pariyaram, School of Nursing - Pariyaram,
Sahakarana Hridayalaya, Pariyaram Medical College Public School and Institute
of Para - Medical Sciences functioning under the Medical Sciences Academy; (g)
"Government" means the Government
of Kerala; (h)
"notification" means a notification
published in the Official Gazette; (i)
"Ordinance" means the Kerala
Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over
the Management and Administration) Ordinance, 2018 (1 of 2019); (j)
"prescribed" means prescribed by
rules made under this Act; (k)
"Societies" means the Co-operative
Hospital Complex and the Academy of Medical Sciences; (l)
"Special Officer" means the officer
appointed under sub-section (1) of section 7. Notwithstanding
anything contained in any other law for the time being in force or in any
judgment or decree of any Court or in any contract or other document or order,
the Board of Control shall handover the administration of the establishments to
the Government immediately on the commencement of this Act. Notwithstanding
anything contained in any other law for the time being in force or in any order
or Judgment or decree of any Court or in any contract or other document, on and
from the date of commencement of this Act, the establishments and allied
institutions together with all its assets, rights, interests, balance
outstanding on such date in the borrowings made by it directly or on behalf of
it and all other liabilities and obligations of all kind related to it, shall
vest in Government and any right, possession and interests of any individuals,
or other institutions or shareholders of the societies in respect of it shall
be ceased. (1)
Notwithstanding anything contained in any
other law for the time being in force or in any order or judgment or decree of
any Court or in any contract or other document, relating to the establishments
immediately before the commencement of this Act, the same shall be deemed to
have been terminated on such commencement. (2)
The Board of Control who had managed and
administered the establishments immediately before the commencement of this Act
shall be deemed to have vacated its administration and management on such
commencement. In
pursuance of the vesting of the establishments in the Government under section
4, the Government shall pay the amount to societies in the manner provided in
the following sections. (1)
The Government shall by notification, appoint
a person having expertise and adequate experience in matters relating to
accounts, as special officer for the purpose of fixing the amount specified in
section 6. (2)
For assisting the Special Officer in
exercising the powers conferred on him under this Act the Government may depute
such other officers as think fit. (3)
The salaries and allowances of the Special
Officer and other officers mentioned sub-sections (1) and (2) shall be as fixed
by the Government. Amount
payable to the societies means the amount as per the first balance sheet
prepared after the commencement of this Act, that is spent by the societies
from their own fund for constructing building, setting up of other physical
facilities, purchasing all movables like equipments and furniture which are now
in use, for the administration and functioning of the Medical College, Hospital
and allied institutions, after deducting the depreciation and deducting the
amount deducted as per section 9. The
Government shall be entitled to deduct the following sums from the amount
specified in section 8, namely:-- (a)
amount, to be repaid by the societies from
amount so far given by the Government; (b)
all amounts and its interest due to the
Government from the societies; (c)
the amount due to any financial institutions
to which societies are indebted, which are repaid by the Government on behalf
of the societies in that account; (d)
amount spent by the Government, by any other
means, for the societies or establishments; (e)
the balance amount of loan which are availed
by the societies from various financial institutions, on Government guarantee
or otherwise, its interest and guarantee commission; (f)
any other amount determined by the Special
Officer to be repaid as a result of vesting of the establishments in the
Government as per section 4. (1)
The Special Officer may summon any officer or
employee concerned, of the Government or establishments, or societies for the
purpose of collecting evidence or for assistance in determining the amounts
specified in sections 8 and 9 and if the Special Officer so requires, such
officer or employee shall be bound to give the records or assistance required
by the Special Officer. (2)
If any hindrances is caused to the Special
Officer in performing such functions, he may seek the assistance of the
Executive Magistrate concerned for resolving the same and he shall be bound to
provide such assistance. (3)
The Special Officer shall submit a report to
the Government, determining the amount specified in sections 8 and 9, within
six months from the date of his appointment: Provided
that if the circumstances so warrants. Government may, on reasons recorded in
writing, by notification, extend the period of submission of report up to a
maximum of one year. (4)
The Special Officer may seek the presence of
the officials concerned of the Government, societies and establishments or
their representatives also, while determining the amount specified in sections
8 and 9. (1)
Immediately on the submission of the report by
the Special Officer, determining the amount payable as per section 8 and the
net amount to be paid to the societies, after adjusting the deductions eligible
to the Government, determined under section 9, the Government shall examine the
same and pay such amount payable to the societies within six months from the
date of receipt of the report. (2)
If the amount payable by the Government to
the societies under section 8 is equal to or less than the amount determined
under section 9, Government shall not pay any amount to the societies. (1)
Every officer and other employee who
immediately before the date of order of appointment of the Board of Control, is
employed in or in connection with the establishments and allied institutions,
even after commencement of this Act shall hold office from the date of that
order, as officer or other employee, as the case may be, for the same tenure,
with the same remuneration and upon the same terms and conditions till the
prescribed date as he would have held if this Act has not been passed. After
the vesting of establishments in the Government, by virtue of this Act, the
service conditions of such teachers, officers and employees shall be as
prescribed or as per the orders issued by the Government in this behalf. (2)
Where the establishments have constituted a
provident fund or superannuation fund or any other fund for the benefit of the
person, employed in such establishment, the amounts in respect of the officer
or other employees whose services have become transferred, by or under this Act
shall be dealt with in such manner as may be prescribed. (1)
The Government shall maintain the T.B.
Sanatorium situated in the premises of the Pariyaram Medical College and shall
provide treatment to the T.B patients as described in document number 812 dated
the 5th day of June, 1950 created by the Late Samuel Aaron. (2)
For the proper administration of the T.B
sanatorium referred to in sub-section (1), the Government may give such
directions as it deems fit and not in contrary to the provisions of this Act. No suit,
prosecution, penal action or other legal proceedings shall lie against the
Government or the Special Officer or any other officers or persons who acted in
accordance with the directions of the Special Officer, for anything done or
intended to be done in good faith as per this Act. The
provisions of this Act or any rule or order made there under shall have
overriding effect notwithstanding anything inconsistent therewith contained in
any law other than this Act or any instrument having effect by virtue of any
law other than this Act. (1)
The Government may, by notification, make
rules to carry out the purposes of this Act. (2)
Every rule made under this Act shall be laid,
as soon as may be after it is made, before the Legislative Assembly while it is
in session for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if before the expiry of the session
in which it is so laid; or the session immediately following, the Legislative
Assembly makes any modification in the rule or decides that the rule should not
be made, the rule shall thereafter have effect only in such modified form or be
of no effect, 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. If any
difficulty arises in giving effect to the provisions of this Act, the
Government may, by order, as occasion requires, do anything not inconsistent
with the provisions of this Act which appears to them to be necessary for the
purpose of removing such difficulties: Provided
that no such order shall be issued after the expiry of two years from the date
of commencement of this Act. (1)
Even after the vesting of all assets and
liabilities of the establishments and the allied institutions in Government as
per section 4, the societies that is, the Academy of Medical Sciences, the
Co-operative Hospital Complex may continue to exist under the laws as per which
they are registered, as the case may be, and they may function in the manner
stipulated in the said laws: Provided
that the said societies shall have no right or control over the establishments
taken over by the Government under this Act and it shall be subjected to the
provisions of section 15 of this Act. On and
from the date of commencement of this Act, any suit, petition or other legal
proceedings pending before any court, tribunal or authority by or against the
establishments be continued from such date by or against the Government, as the
case may be. (1)
The Kerala Co-operative Hospital Complex, the
Academy of Medical Sciences and Allied Institutions (Taking over and
Administration) Ordinance, 2019 (24 of 2019) is hereby repealed. (2)
Notwithstanding such repeal, anything done or
deemed to have been done or any action taken or deemed to have been taken under
the said Ordinance shall be deemed to have been done or taken under this Act.
Preamble - KERALA CO-OPERATIVE HOSPITAL
COMPLEX, THE ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS (TAKING OVER
AND ADMINISTRATION) ACT, 2019PREAMBLE