The Andhra Pradesh Vaidya Vidhana Parishad Act, 1986.

THE ANDHRA PRADESH VAIDYA VIDHANA PARISHAD ACT, 1986
ACT No. 29 OF 1986
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER – I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER – II
ESTABLISHMENT OF COMMISSIONERATE
3. Constitution of the Commissionerate and its functions
4. The Commissioner
5. Constitution of Governing Council
6. Meeting of the Governing Council
7. Powers of the Governing Council
8. Committee of pofessional experts
CHAPTER – III
COMMISSIONERATE FINANCE AND FUND
9. Levy of fee by the Commissionerate etc
10. Funds of the Commissionerate
11. Vesting of dispensaries and hospitals with the Commissionerate
CHAPTER – IV
MISCELLANEOUS
12. Members, Officers and employees of the Commissionerate to be
public servants
13. Protection of action done in good faith
14. Annual financial statement
15. Subventions and loans to the Commissionerate
16. Power of Commissionerate to borrow
17. Guarantee of lands
18. Payment of interest to Government
19. Accounts and Audit
20. Authentication of order and other instruments of the
Commissionerate
21. Direction by the Government
22. Inspection and control
23. Power to make rules
24. Power to make Regulations
THEANDHRAPRADESHVAIDYAVIDHANAPARISHADACT,1986
ACTNO. 29 OF1986
[18th August, 1986]
ANACTTOPROVIDEFORTHECONSTITUTIONOFA COMMISSIONERATE
FORESTABLISHING,EXPANDINGANDADMINISTERINGDISTRICT,
ERSTWHILE TALUK HOSPITALS AND DISPENSARIESFOR
PROVIDINGBETTERMEDICALCAREIN THESTATEOF ANDHRA
PRADESHAND FOR MATTERSCONNECTEDTHEREWITHOR
INCIDENTALTHERETO.
Whereas it has been provided in Article 47 of the Constitution, under the
Directive Principles of State Policy that the State shall regard the raising of the
level of nutrition and the standard of living of its people and the improvement
of public health as among its primary duties;
And whereas time is ripe for re-structuring the existing Government
Health Organisations by separating curative and preventive aspects so that
greater emphasis could be given for the intensive development of both these
areas and to strengthen necessary linkages at appropriate levels to ensure the
attainment of the objectives of comprehensive medical and health care;
And whereas in order to achieve the said objectives it is considered
expedient to create Vaidya Vidhana Parishad for the State.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in Thirty-seventh Year of the Republic of India as follows:-
CHAPTER-I
 PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Vaidya Vidhana Parishad Act, 1986.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) "Commissioner" means the Commissioner of Andhra Pradesh
Vaidya Vidhana Parishad appointed under section 4;
(b) "Commissionerate" means the Andhra Pradesh Vaidya Vidhana
Parishad constituted under section 3;
(c) "Governing Council" means the Governing Council constituted
under section 5;
(d) "Government" means the State Government;
(e) "notification" means a notification published in the Andhra
Pradesh Gazette and the word "notified" shall be construed
accordingly;
(f) "prescribed" means prescribed by rules made by the
Government or the regulations made by the Commissionerate as
the case may be under this Act;
(g) "specialist" means a medical practitioner with post graduate
qualification in any of the disciplines relating to medical sciences;
(h) "super specialist" means a medical practitioner with any higher
qualification than a post-graduate qualification in any of the
disciplines relating to medical science.
CHAPTER II
ESTABLISHMENT OF COMMISSIONERATE
3. Constitution of the Commissionerate and its functions - (1) As soon as
may be after the commencement of this Act, the Government may, by
notification, constitute a Commissionerate for the State of Andhra Pradesh
called the "Andhra Pradesh Vaidya Vidhana Parishad".
(2) The Commissionerate shall be a body corporate having perpetual
succession and a common seal, with power, subject to the provisions of this
Act and rules made thereunder, to acquire, hold and dispose of property, and
to enter into contracts, and shall by the said name sue and be sued.
(3) The Commissionerate shall consist of -
(a) The Commissioner, who shall be a reputed member of the
medical profession with proven administrative ability appointed by
the Government;
(b) a Governing Council; and
(c) such other employees as may be determined by the Governing
Council.
(4) The salary and other terms and conditions of the service of the
Commissioner shall be such as may be specified in the rules and that of other
employees of the Commissionerate shall be such as may be prescribed by
regulations.
(5) The Commissionerate shall have the following functions, namely: -
(a) to formulate and implement the schemes for the comprehensive
development of the dispensaries and hospitals;
(b) to construct and maintain dispensaries and non-teaching
hospitals, and maintenance of cleanliness therein;
(c) to purchase, maintain and allocate quality equipment to various
dispensaries, and hospitals;
(d) to procure, stock and distribute drugs, diet, linen and other
consumables among the dispensaries, and hospitals;
(e) to provide the facilities of specialists and super specialists at
various hospitals;
(f) to receive donations, funds, and the like from the general public,
and institutions both from within and outside India;
(g) to receive grants or contributions which may be made by the
Government on such conditions as they may impose;
(h) to provide for construction of houses to the employees of the
dispensaries and hospitals, and the maintenance thereof by
mobilising resources from financing institutions;
(i) to plan, construct and maintain commercial complexes, paying
wards, and providing diagnostic services and treatment on
payment basis and utilise the receipts for the improvement of the
hospital and dispensary;
(j) to run public utility services and any other activity of
commercial nature within the hospital premises;
(k) to run canteens, and cafetaria within the hospital premises.
4. The Commissioner - (1) The Commissioner shall be the Chief Executive and
whole time officer of the Commissionerate and he shall implement the
decisions of the Governing Council and shall exercise such other powers and
perform such other functions as may be delegated to him from time to time, by
the Governing Council.
(2) The Commissioner shall exercise general control and supervision over
the dispensaries and hospitals in the effective performance of their functions
under this Act or the regulations made thereunder.
5. Constitution of Governing Council- (1) There shall be a Governing
Council consisting of the following members, namely:-
(a) the Commissioner shall be the Chairman ex-officio;
(b)   (i) the Secretary to Government in the Medical and Health
Department;
(ii) the Secretary to Government in the Finance and Planning
(Finance Wing) Department;
(iii) Commissioner, Institutional Finances;
(iv) the Director of Health and Family Welfare; and
(v) the Vice-Chancellor of University of Health Sciences, shall
be ex-officio members;
(c) Five eminent persons belonging to medical profession or any
other profession or members of the State Legislative Assembly
nominated by the Government for such period as may be
prescribed.
6. Meeting of the Governing Council- (1) The Governing Council shall hold
ordinary meetings at such intervals as may be prescribed in the regulations
and meeting may be convened by the Chairman at any time for the transaction
of any urgent business.
(2) The number of members necessary to constitute a quorum at a
meeting and the procedure to be followed thereat shall be such as may be
provided in the regulations.
7. Powers of the Governing Council- (1) The Governing Council shall be the
principal policy formulating body of the Commissionerate and shall have the
following powers namely:-
(a) to make regulation’s for fulfilling the objectives of the Act;
(b) to make decisions for mobilising and borrowing money for
carrying out the activities of the Commissionerate;
(c) to promote research and dissemination of knowledge in medical
science in collaboration with kindred institutions;
(d) to consider and take such action as deemed fit on the annual
report, the annual accounts and the financial estimates;
(e) to enter into an agreement with the Central or any State
Government or with a private management for assuming
management of any dispensary or hospital and for taking over its
properties and liabilities of for any other purposes of this Act;
(f) to decide and regulate all matters concerning the
Commissionerate in accordance with this Act, rules and the
regulations;
(g) to exercise such other powers and perform such other functions
as may be conferred or enjoined upon it by the Act, or the rules;
(h) to appoint persons to the various posts of the dispensaries and
hospitals and to fix their emoluments, define their duties and
terms and conditions of service and provide for filling up of
vacancies;
(i) to hold control and administer the properties of the
Commissionerate;
(j) to direct the form, custody and use of the common seal of the
Commissionerate;
(k) to administer the funds placed at the disposal of the
Commissionerate for specific purpose;
(l) to accept on behalf of the Commissionerate endowments,
bequests, donations, grants and transfer of any moveable and
immovable properties made to the Commissionerate;
(m) to raise on behalf of the Commissionerate loans, from the
Central or any other Government or the public or any other
financial institutions;
(n) to levy and collect such fees as may be prescribed for various
specific services rendered;
(o) to purchase, stock, manufacture and distribute drugs, linen
and other consumables among the dispensaries and hospitals;
(p) to construct and maintain dispensaries and hospitals;
(q) to purchase, maintain and allocate quality equipment to various
dispensaries and hospitals;
(r) to provide the services of specialists, super-specialists at various
hospitals;
(s) to provide housing facilities to the employees of the dispensaries
and hospitals as may be prescribed; and
(t) to exercise such other powers and perform such other functions
as may be conferred or enjoined upon it by this Act, or the rules
made thereunder.
(2) The Governing Council may, by an order in writing, delegate all or any
of its powers to the Commissioner or to any other officer of the
Commissionerate for the effective fulfilment of the objectives of the
Commissionerate.
8. Committee of professional experts- The Governing Council may, in such
manner as may be prescribed constitute Committees of professional experts in
respect of such dispensaries and hospitals as they may consider necessary, as
and when required with a view to bring about qualitative improvements of the
medical care facilities, which shall function under the administrative control of
the Commissionerate.
CHAPTER III
COMMISSIONERATE FINANCE AND FUND
9. Levy of fee by the Commissionerate etc. - For the purposes of this Act,
the Commissionerate may, -
(a) levy fees, or other charges from such person or class of persons
making use of the services of dispensary or hospital in accordance
with such regulations as may be prescribed;
(b) to defray operating expenses, and to ensure better upkeep and
hygenic conditions and sustained improvement of the dispensaries
or hospitals;
(c) to continuously update equipment and modernise the services
so as to keep pace with the advancement in the medical care
facilities to the public and provide up-to-date facilities to the
public;
(d) effect repayment of loans and other borrowings;
(e) provide for such other purposes, beneficial to the promotion of
medical care, as the Commissionerate may determine.
10. Funds of the Commissionerate - (1) The Commissionerate shall have its
own fund consisting of -
(a) the grants from Government voted by the Legislative Assembly
of the State towards grants of the Commissionerate and grants
received from the Central Government;
(b) all monies received by or on behalf of the Commissionerate
under the provisions of this Act, or any other law for the time being
in force, or under any other contract;
(c) all proceeds of the disposals of the property by or on behalf of
the Commissionerate;
(d) all rents accruing from any property of the Commissionerate;
(e) all moneys received by or on behalf of the Commissionerate
from public bodies, private bodies or private individuals by way of
grants, gifts or deposits;
(f) all interests and profits arising from any investment of or from
any transaction in connection with any money belonging to the
Commissionerate.
(2) All moneys belonging to the fund shall be deposited in such banks or
invested in such manner, as the Governing Council may decide.
(3) The Commissionerate may spend such sums as deemed fit, for
performing its functions under this Act and such sums shall be treated as
expenditure payable out of the fund.
11. Vesting of dispensaries and hospitals with the Commissionerate -1[(1)2[With effect from such date or dates as may be notified by the Government
from time to time, - ]
(a) the control and management of all dispensaries, non-teaching
hospitals, except such hospitals which are primarily dealing with
implementation of National Health Programme like T.B. Control, Leprosy
Control, shall stand transferred to and vest in the Commissionerate and shall
function under the administrative control of the Commissionerate;
(b) all the properties, assets and liabilities, rights and obligations in
relation to such dispensaries and non-teaching hospitals, and all obligations of
the Government in relation to them shall devolve upon the Commissionerate;
(c) every officer or employee who, immediately before that date was
working in such dispensaries and non-teaching hospitals shall continue to
work on deputation with the Commissionerate till such time he exercises
option to be absorbed in the service of the Commissionerate; and
1. Substituted by the Act No. 5 of 1987, S.2.2. Substituted by the Act No. 36 of 2008, S.2.
(d) every officer or employee in the Directorate of Medical and Health
Services and its subordinate offices who immediately before that date was
dealing with such despensaries and non-teaching hospitals shall continue to
work on deputation with the Commissionerate till he exercises the option to be
absorbed in the service of the Commissionerate:
Provided that-
(i) the terms and conditions applicable to such officers and employees
consequent on their absorption in the service of the Commissionerate shall not
be less favourable than those applicable to such employees immediately before
such absorption as respects pay and allowances, leave, pension, gratuity,
provident fund and age of superannuation;
(ii) the service rendered by any such officer or employee in the aforesaid
dispensaries, non-teaching hospitals and the Directorate of Medical and Health
Services and its subordinate offices prior to their absorption in the
Commissionerate shall be deemed to be service under the Commissionerate
constituted under this Act and he shall be entitled to count that service for the
purpose of increments, leave, pension, Provident fund and gratuity;
(iii) such of those officers and employees who do not opt for absorption in
the service of the Commissionerate may continue on deputation;]
1[(e) The Commissioner may call for options from the employees who are
working on deputation in the Andhra Pradesh Vaidya Vidhana Parishad from
time to time and in subsequent dates from those employees who are working
under the control of the Director of Health and the Director of Medical
Education who are willing to work in the Andhra Pradesh Vaidya Vidhana
Parishad for their absorption of their services in the Andhra Pradesh Vaidya
Vidhana Parishad.]
(2) In addition to the staff2[absorbed in] the Commissionerate under
sub-section (1), the Commissionerate may appoint such other officers and
employees on such terms and conditions, as may be prescribed from time to
time.
(3) Every officer and employee3[absorbed in]the Commissionerate under
sub-section (1) shall, notwithstanding anything in this Act, continue to hold
such post subject to the provisions of the Andhra Pradesh Public Employment
(Regulation of Age of Superannuation) Act, 1984 and such rules as may be
made under the proviso to Article 309 of the Constitution; and until such
provision in that regard is so made, the law for the time being in force
regulating recruitment and conditions of service applicable to such holder
immediately before such date shall continue to apply such holder:
4[XXXX]
CHAPTER IV
MISCELLANEOUS
12. Members, Officers and employees of the Commissionerate to be public
servants - (1) All members, officers and other employees of the
Commissionerate shall be deemed, when acting or purporting to act in
pursuance of the provisions of this Act or any rule or regulation made
thereunder, to be public servants within the meaning of Section 21 of the
1. Clause added by the Act No. 36 of 2008, S.2.2. Substituted by the Act No. 5 of 1987, S.2.3. Substituted by the Act No. 5 of 1987, S.3.4. Provisos omitted by the Act No. 5 of 1987, S.3.
Indian Penal Code, 1860 and the1[Prevention of Corruption Act, 1947] for the
time being in force.
(2) The words "State Government" and "Government" in Section 161 of
the Indian Penal Code shall for the purposes of sub-section (1) be deemed to
include the Commissionerate.
13. Protection of action done in good faith -  (1) No suit or prosecution shall
be entertained in any court against the Commissionerate or against any officer
or servant of the Commissionerate or person acting under the order or
direction of Commissionerate or any officers or servants of the
Commissionerate for anything which is in good faith done or intended to be
done under this Act or any rule or regulation made thereunder.
(2) No suit, prosecution or other legal proceedings shall lie against any
officer or servant of the Commissionerate for any act done or purporting to be
done under this Act or any rule or regulation made thereunder without
previous sanction of the Commissionerate.
14. Annual financial statement - (1) The Commissionerate shall prepare an
annual financial statement on or before such date as may be prescribed by the
regulations, of the estimated capital and revenue receipts and expenditure for
the ensuring year.
(2) The said statement shall include a statement of salaries and
allowances of members, officers and servants of the Commissionerate and of
such other particulars as may be prescribed by the rules.
(3) The Government shall, as soon as may be after receipt of the said
statement, cause it to be laid on the Table of the Legislative Assembly of the
State.
(4) The Commissionerate shall take into consideration any comments
made on the said statement in the Legislative Assembly of the State.
(5) The Commissionerate may at any time during the year in respect of
which a statement under sub-section (1) has been submitted, submit to the
Government a supplementary statement, and all provisions of this section shall
apply to such statements as they apply to the statement under the said sub-
section.
15. Subventions and loans to the Commissionerate - (1) The Government
may, with the approval of the Legislative Assembly of the State, from time to
time make subventions to the Commissionerate for the purposes of this Act on
such terms and conditions as the Government may determine.
(2) The Government may, from time to time advance, loans to the
Commissionerate for purposes of this Act on such terms and conditions as the
Government may determine.
16. Power of Commissionerate to borrow - (1) The Commissionerate may,
from time to time, with the previous sanction of the Government and subject to
the provisions of this Act, and to such conditions as may be prescribed borrow
any sum required for the purposes of this Act.
(2) The Government may, for the purpose of this section, empower the
Commissionerate to borrow by the issue of bonds or stocks or otherwise and to
make arrangements with Bankers.
1. Now please refer to the provisions of the Prevention of Corruption Act, 1988 (Central Act No.
49 of 1988).
(3) The maximum amount which the Commissionerate may at any time
raise as loan under sub-section (1) shall be ten crores of rupees unless the
Government by notification fix higher maximum amount.
(4) Stocks issued by the Commissionerate under this section shall be
issued, transferred, dealt with and redeemed in such manner as may be
prescribed.
17. Guarantee of lands - The Government may guarantee in such manner as
they think fit the payment of the principal and interest of any loan proposed to
be raised by the Commissionerate or of either the principal or the interest:
Provided that the Government shall, so long as any such guarantees are
inforce, lay before the Legislative Assembly of the State in every year during the
budget session, a statement of the guarantees, if any given during the current
financial year of the State, and an upto date account of the total sums, if any,
which have been paid out of State revenues by reason of any such guarantees
or paid into State revenues towards repayment of any money so paid.
18. Payment of interest to Government -In respect of assets of the
Government which vest in the Commissionerate by virtue of the provisions of
this Act, the Commissionerate shall pay interest on the cost of such assets at
such rates as may, from time to time, be fixed by the Government in
consultation with the Commissionerate and such interest shall be deemed to
be a part of the expenditure of the Commissionerate.
19. Accounts and Audit –(1) The Commissionerate shall cause proper
accounts and other records in relation thereto be kept, including the proper
system of internal check and prepare an annual statement of accounts,
including the income and expenditure account and the balance sheet in such
form as may be prescribed by regulations.
(2) The accounts of the Commissionerate shall be audited by such
persons as may be appointed by the Government and any expenditure incurred
in connection with such audit shall be payable by the Commissionerate to the
Government.
(3) The person so appointed and any other person authorised by him in
connection with the audit of the accounts of the Commissionerate shall have
the same rights, privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection with the audit of
Government accounts and in particular shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers, and to inspect any of the offices of the Commissionerate.
(4) The accounts of the Commissionerate certified by the person so
appointed or any other person authorised by him in this behalf together with
the audit report thereon shall be forwarded annually to the Government and
the Government may issue such instructions to the Commissionerate in
respect thereof as they deem fit and the Commissionerate shall comply with
such instructions.
(5) The Government, may cause the accounts of the Commissionerate
together with the audit report thereon forwarded to them under sub-section (4)
to be laid annually before the Legislative Assembly of the State.
20. Authentication of order and other instruments of the
Commissionerate -All orders and decisions of the Commissionerate shall be
authenticated by the signature of the Commissioner or any other officer
authorised by the Commissionerate in this behalf and all other instruments
issued by the Commissionerate shall be authenticated by the signature of such
officer of the Commissionerate as may be authorised by the Commissionerate
in this behalf.
21. Direction by the Government -(1) In the discharge of its functions under
this Act, the Commissionerate shall be guided by such directions on questions
of policy relating to State purposes or in case of any emergency as may be given
to it by the Government.
(2) If any dispute arises between the Government and the
Commissionerate as to whether the question is or is not a question of policy
relating to the State purposes, or whether an emergency has arisen the
decision of the Government thereon shall be final.
(3) The Commissionerate shall function under the general supervision of
the Government and the Government shall have power to review the actions of
the Commissionerate taken under this Act.
22. Inspection and control - The Government shall have the right to cause an
inspection to be made by such person or persons as they may direct of the
affairs and properties of the Commissionerate, its buildings, laboratories,
libraries, equipment maintained by the Dispensaries and Hospitals, Medical
Institutions and also to cause an enquiry to be made into the matter connected
with the Commissionerate. The Government shall in every case give notice to
the Commissionerate of their intention to cause such inspection or enquiry to
be made and the Commissionerate shall be entitled to be represented thereat.
23. Power to make rules -(1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act, shall, immediately after it is made, be
laid before the Legislative Assembly of the State if it is in Session, and if it is
not in Session in the Session immediately following for a total period of
fourteen days which may be comprised in one Session or in two successive
Sessions, and if, before the expiration of the Session in which it is so laid or the
Session immediately following the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule, shall, from
the date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled 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.
24. Power to make Regulations - The Commissionerate may with the previous
approval of the Government, make regulations not inconsistent with this Act
and the rules made thereunder to provide for all or any of the following
matters, namely:-
(a) the administration of the funds and other properties of the
Commissionerate and the maintenance of its accounts;
(b) the procedure to be followed at the meetings of the
Commissionerate and the manner in which the Commissionerate
shall conduct its meetings;
(c) the duties of officers and employees of the Commissionerate and
their salaries, allowances and other conditions of service;
(d) the procedure to be followed by the Commissionerate in
inviting, considering and accepting tenders; and
(e) any other matter arising out of the Commissionerate function
under this Act in which it is necessary or expedient to make
regulations.

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