The Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980
Administered Ministry: Ministry of Science and Technology / Department of Science and Technology
Section
Section 21 Authentication of orders and instruments of Institute.
All orders and decisions of the Institute shall be authenticated by the signature of the President or any other member authorised by the Institute in this behalf, and all other instruments shall be authenticated by the signature of the Director or any other officer of the Institute authorised in like manner in this behalf.
Section 22 Acts and proceedings not to be invalidated by vacancies, etc.
No act done or proceeding taken by the Institute, Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Institute, Governing Body or such standing or ad hoc committee.
Section 23 Grant of medical degrees, diplomas, etc., by Institute.
Notwithstanding anything contained in any other law for the time being in force, the Institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this Act.
Section 24 Recognition of medical qualifications granted by Institute.
Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the medical degrees and diplomas granted by the Institute under this Act shall be recognised medical qualifications for the purposes of that Act and shall be deemed to be included in the First Schedule to that Act.
Section 25 Control by Central Government.
The Institute shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
Section 26 Disputes between Institute and Central Government.
If in, or in connection with, the exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government on such dispute shall be final
Section 27 Returns and information.
The Institute shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
Section 28 Transfer of service of existing employees.
Subject to the provisions of this Act, every person who was employed 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, become an employee of the 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 leave, pension, gratuity, provident fund and other matters as he would have held the same on the date of commencement of this Act if this Act had not been passed, 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.
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.
Section 29 Continuance of facilities at Institute.
The Institute shall continue to provide facilities to the Government and people of the State of Kerala and the Central Government and such facilities shall not, in any respect, be less favourable to the said Governments and people than what were being provided to them before the commencement of this Act and shall be made available for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may be agreed upon between the Institute, the Government of the State of Kerala and the Central Government.
Section 30 Power to remove difficulties.
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, within a period of three years from the commencement of this Act, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.
Section 31 Power to make rules. 1 docs
(1) The Central Government, after consultation with the Institute, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of nomination of members under clauses (f), (g) and (i) of section 5;
(b) the manner of filling vacancies among members under section 6;
(c) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7;
(d) the allowances, if any, to be paid to the President and other members under section 8;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(f) the appointment of the Director under sub-section (1) of section 11;
(g) the number of officers and employees that may be appointed by the Institute and the manner of such appointment under sub-section (4) of section 11;
(h) the salaries and allowances to be paid to the Director and other officers and employees of the Institute under sub-section (5) of section 11;
(i) the form in which, and the time at which, the budget shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government under section 17;
(j) the form in which an annual statement of accounts including the balance-sheet shall be prepared by the Institute under sub-section (1) of section 18;
(k) the form in which and the date before which, the report of the activities of the Institute shall be submitted to the Central Government under section 19;
(l) the form and manner in which reports, returns and other information are to be furnished by the Institute to the Central Government under section 27;
(m) any other matter which has to be or may be prescribed by rules.
Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of nomination of members under clauses (f), (g) and (i) of section 5;
(b) the manner of filling vacancies among members under section 6;
(c) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7;
(d) the allowances, if any, to be paid to the President and other members under section 8;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(f) the appointment of the Director under sub-section (1) of section 11;
(g) the number of officers and employees that may be appointed by the Institute and the manner of such appointment under sub-section (4) of section 11;
(h) the salaries and allowances to be paid to the Director and other officers and employees of the Institute under sub-section (5) of section 11;
(i) the form in which, and the time at which, the budget shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government under section 17;
(j) the form in which an annual statement of accounts including the balance-sheet shall be prepared by the Institute under sub-section (1) of section 18;
(k) the form in which and the date before which, the report of the activities of the Institute shall be submitted to the Central Government under section 19;
(l) the form and manner in which reports, returns and other information are to be furnished by the Institute to the Central Government under section 27;
(m) any other matter which has to be or may be prescribed by rules.
Section 32 Power to make regulations. 7 docs
(1) The Institute may, with the previous approval of the Central Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for--
(a) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7;
(b) the summoning and holding of meetings, other than the first meeting, of the Institute under section 9, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum;
(c) the manner of constituting the Governing Body and standing and ad hoc committees under section 10, the term of office of, and the manner of filling vacancies among, the members of the Governing Body and standing and ad hoc committees;
(d) the powers and functions to be exercised and discharged by the Governing Body and the Chairman under sub-sections (2) and (3) of section 10;
(e) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees under sub-section (6) of section 10;
(f) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions under section 10;
(g) the powers and functions to be exercised and discharged by the Director under sub-section (3) of section 11;
(h) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute under sub-section (5) of section 11;
(i) the management of the properties of the Institute under section 13;
(j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute under clause (g) of section 13;
(k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts under clause (h) of section 13;
(l) the fees and other charges which may be demanded and received by the Institute under clause (k) of section 13;
(m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 20;
(n) matters relating to tenure of office, remuneration and terms and conditions of service of the persons referred to in section 28;
(o) any other matter for which under this Act provisions may be made by regulations.
(2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Central Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its power under sub-section (1).
(a) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7;
(b) the summoning and holding of meetings, other than the first meeting, of the Institute under section 9, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum;
(c) the manner of constituting the Governing Body and standing and ad hoc committees under section 10, the term of office of, and the manner of filling vacancies among, the members of the Governing Body and standing and ad hoc committees;
(d) the powers and functions to be exercised and discharged by the Governing Body and the Chairman under sub-sections (2) and (3) of section 10;
(e) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees under sub-section (6) of section 10;
(f) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions under section 10;
(g) the powers and functions to be exercised and discharged by the Director under sub-section (3) of section 11;
(h) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute under sub-section (5) of section 11;
(i) the management of the properties of the Institute under section 13;
(j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute under clause (g) of section 13;
(k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts under clause (h) of section 13;
(l) the fees and other charges which may be demanded and received by the Institute under clause (k) of section 13;
(m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 20;
(n) matters relating to tenure of office, remuneration and terms and conditions of service of the persons referred to in section 28;
(o) any other matter for which under this Act provisions may be made by regulations.
(2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Central Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its power under sub-section (1).
Section 33 Rules and regulations to be laid before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.