LexThe Andhra Pradesh Medical Education and Research Corporation (APMERC) Act, 2021.
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this act THE ANDHRA PRADESH MEDICAL EDUCATION AND RESEARCH
CORPORATION (APMERC) Act, 2021
(ACT No. 7 of 2021)
ARRANGMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement
2. Definitions
CHAPTER II
STATUTORY STATUS, CONDUCT OF BUSINESS AND
EMPLOYEES OF THE CORPORATION
3. Establishment of APMERC, Health Care Services and Up gradation
of
Infrastructure
4. Share Holding Pattern
5. Provision for inviting Officers of Government etc.
6. Officers and Employees of Corporation
7. Authentication of orders etc., of the Corporation
CHAPTER III
OBJECTIVES AND SCOPE OF ACTIVITIES
8. Objectives of the Corporation
9. Institutional setup
10. Core Activities of the Corporation
CHAPTER IV
PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS
11. Transfer of assets and inabilities of the Government of Corporation
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CHAPTER V
FUNCTIONS AND POWERS
12. Government to vest or entrust resources to the Corporation
13. Functions of the Corporation
14. Powers of the Corporation
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
15. Application of Corporation assets etc.,
16. Contribution of Government to Corporation
17. Reserve and other funds
18. State Government as guarantor
19. Accounts and Audit
20. Concurrent and Special Audit of Accounts
CHAPTER - VII
MISCLLANEOUS AND SUPPLEMENTARY PROVISIONS
21. Annual Reports
22. Other activities of the Corporation
23. Prosecution
24. Dues to be recovered
25. Public Notices how to be made known
26. Default in performance of duty
27. Authority for prosecution
28. Compounding or offences by Corporation
29. Delegation of power of Corporation
30. Prosecution of action taken in good faith
31. Chairperson, Vice- Chairperson, Managing Director, Members and Officers etc.,
to be public servants
32. Power to make rules
33. Power to make regulations
34. Power to remove doubts and difficulties
35. Dissolution of the Corporation
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36. Act to override other laws
37. Power to amend Schedule
38. Repeal and Savings Ordinance No.1 of 2021
SCHEDULE
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THE ANDHRA PRADESH MEDICAL EDUCATION AND RESEARCH
CORPORATION (APMERC) Act, 2021
(ACT No. 7 of 2021)
AN ACT TO PROVIDE FOR ESTABLISHMENT OF THE ANDHRA PRADESH
MEDICAL EDUCATION AND RESEARCH CORPORATION (APMERC) FOR
REVITALIZATION OF TERTIARY HOSPITAL AND HEALTH CARE
SERVICES; STRENGTHENING OF EXISTING HOSPITALS & NURSING
COLLEGES; CONSTRUCTION OF NEW HOSPITALS, MEDICAL &
NURSING COLLEGES; RAISING FUNDS FOR MATTERS CONNECTED
THEREWITH AND ANCILLARY THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in
the Seventy Second 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 Medical Education and Research Corporation (APMERC)
Act, 2021.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on and from the 8 th
January, 2021.
2. Definitions:- In this Act, unless the context otherwise requires, -
(1) ‘Accounts’ means as defined under Indian Accounting
Standards or Indian Generally Accepted Accounting Principles
issued from time to time;
(2) ‘Act’ means the Andhra Pradesh Medical Education and
Research Corporation (APMERC) Act, 2021.
(3) “Board’ means the Board of Directors of the Corporation;
(4) ‘Chairperson’ means Chairperson of the Andhra Pradesh
Medical Education and Research Corporation and appointed
vide Government Order / Gazette notification to be issued from
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time to time;
(5) ‘Corporation’ means the Andhra Pradesh Medical Education
And Research Corporation (“APMERC” or “Corporation”)
constituted under section 3 (1) of this Act;
(6) ‘Government’ means the Government of Andhra Pradesh;
(7) ‘Member’ means Shareholder as defined in the Companies Act,
2013;
(8) ‘Prescribed’ means prescribed by rules, regulations and/or
standing orders made under this Act;
(9) ‘Rules’ means rules made under this Act;
(10) “Schedule” means a Schedule appended to this Act;
(11) “State’ means the State of Andhra Pradesh;
(12) Vice-Chairperson & Managing Director’ means Vice-
Chairperson & Managing Director of the Andhra Pradesh
Medical Education and Research Corporation and appointed
vide Government Order / Gazette notification to be issued from
time to time.
CHAPTER II
STATUTORY STATUS, CONDUCT OF BUSINESS AND
EMPLOYEES OF THE CORPORATION
3. Establishment of APMERC, Health Care Services and Up gradation
of Infrastructure :- (1) “The Andhra Pradesh Medical Education and
Research Corporation (APMERC)” (hereinafter referred to as the
“Corporation”) shall be a public limited company incorporated under the
Companies Act, 2013 by the name aforesaid, having perpetual succession
and a common seal.
(2) The Corporation shall operate in accordance with the provisions of
the Companies Act, 2013 (Central Act No.18 of 2013)
(3) APMERC will focus on revitalization of tertiary health care services
across the State to achieve affordable health care to all by ensuring efficient
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service delivery which would bring the necessary impetus for the State in
achieving the Sustainable Development Goals.
(4) The Government shall issue necessary Orders from time to time for
establishment, operating and strengthening of medical colleges and its
attached institutions, multispeciality hospitals, nursing colleges, super
speciality hospitals, cancer hospitals, etc., under the Corporation.
(5) The APMERC shall be managed by the Board comprising of State
Government officials and industry experts. The Board shall comprise of the
following:
(i) Special Chief Secretary/Principal
Secretary / Secretary,
'Health Medical & Family Welfare
Department, Government of
Andhra Pradesh ...Chairperson
(ii) An official be appointed by the …... .Vice-Chairperson
Government & Managing
Director
(iii) Secretary to Government, ...Director
Finance Department,
Government of Andhra Pradesh
(iv) Commissioner, Health & Family ...Director
Welfare, Government of Andhra Pradesh
(v) Chief Excutive Officer, Dr. YSR ... Director
Aarogyasri Healthcare Trust,
Government of Andhra Pradesh
(vi) Vice- Chancellor & … Director
Managing Director, Andhra Pradesh
Medical Services & Infrastructure
Development Corporation
(APMSIDC
(vii) Commissioner, Andhra Pradesh … Director
Vaidya Vidhana Parishad
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(viii) Directorate of Medical Education …Director and
(Admin), Government of Member Convener
Andhra Pradesh.
(6) Appointment of VC & MD: The Government may, by notification
appoint VC & MD, APMERC on deputation basis for a period of two (2) years
extendable to a period of five (5) years from the cadre below the rank of Special
Chief Secretary/Principal Secretary/Secretary of the Health, Medical & Family
Welfare Department.
(7) The Government shall appoint new Directors including Independent
Directors in due course, as required.
4. Share Holding Pattern:- The shareholding pattern of APMERC will be
decided by the Government from time to time by issuing Orders.
5. Provision for inviting Officers of Government etc.,:- (1) The
Corporation or any of its Committees may invite any officer of the Central
Government, State Government, or any Organization in health sector or any
other person to attend its meeting or meetings as a special invitee for the
purpose of assisting or advising on any matter or matters. The person so
invited may take part in the proceedings but shall have no right to vote.
(2) The person so invited shall be entitled to draw such honorarium
or compensatory allowance for the purpose of meeting the personal
expenditure in attending the meetings of the Corporation or any of its
Committees as the Corporation may determine, from time to time.
6. Officers and Employees of Corporation:- (1) The Corporation may,
with the prior approval of the Government, recruit directly on permanent
rolls or recruit contractual staff or deploy outsourced staff or appoint on
deputation from the various departments of the State Government such
officers and employees as it considers necessary for the efficient
performance of its duties and functions.
(2) The period of deputation of any such officer or employee to the
Corporation shall ordinarily be two (2) years extendable to a period of five
(5) years. On expiry of which such officer or employee shall stand
repatriated to his parent department except when any such person is
required by the Government to be repatriated earlier on such grounds as
promotion; reversion; termination; superannuation or any other reason:
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Provided that during the period of such deputation all matters relating
to the pay, leave, allowances, retirement, pension, provident fund and
other conditions of service of such matters at the time of the deputation or
such other rules as may, from time to time, be made by the State
Government.
(3) All such persons on deputation to the Corporation, shall continue to
have a lien on their posts in their parent department and upon repatriation,
the period of their service on deputation under the Corporation shall count
for their pension and other matters relating to their service.
(4) The Corporation shall have the authority to transfer the officers,
employees and servants to any area of its operation. During the period of the
deputation, the Corporation shall have the authority to take disciplinary
action, if required, as per the performance on the employees on deputation.
(5) Save as otherwise provided in this section, the terms and conditions
of service of the officers and employees on deputation to the Corporation
shall not be less advantageous than those applicable to them immediately
before such deputation and shall not be varied to their disadvantage.
(6) The terms of contractual and outsourced staff for such
employment shall be at the discretion of the Corporation as per the
requirement of the position, organization and performance of the employee.
The budget, remuneration, period of employment, policy for termination /
relieving and other terms of such employment shall be decided by the
Corporation.
(7) Subject to the superintendence of the Corporation, the Vice-
Chairperson & Managing Director shall supervise and control all its officers
and employees including any officer and employee of the Government
appointed on deputation to the Corporation.
(8) The Corporation shall constitute various committees / functional
teams from time to time including an Executive Committee to manage
various functions of the Corporation including managing the affairs of
various medical colleges under its control. The' Executive Committee shall
be proposed by the Board and appointed by the Government by notification.
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7. Authentication of orders etc., of the Corporation:- All proceedings and
all orders and instruments of the Corporation shall be authenticated by the
Vice-Chairperson & Managing Director.
CHAPTER III
OBJECTIVES AND SCOPE OF ACTIVITIES
8. Objectives of the Corporation:- Subject to the provisions of this Act and
the rules and regulations made thereunder, the objectives of the Corporation
shall be the following:
(a) to raise funding and financing from various avenues, providing
necessary support and acting as enabler for revitalization of
tertiary health care services and providing world class health
education & research across the State.
(b) to enable the strengthening of existing medical colleges and
attached institutions, multi-speciality hospitals in tribal areas and
upgradation of necessary infrastructure for achieving the
Sustainable Development Goals.
(c) to enable the construction of new medical colleges with nursing
colleges, multi-speciality and super speciality hospitals, cancer
hospitals and other institutes and establishment of related
colleges, labs and necessary infrastructure, etc. for achieving the
Sustainable Development Goals.
9. Institutional setup:- Subject to the provisions of this Act and the rules
and regulations made there under:
(a) The Corporation will be responsible for strengthening, upgradation
the infrastructure of the existing and establishment of new tertiary
hospitals, attached institutions, colleges, etc., by leveraging the
resources, experience and strengths;
(b) The Corporation shall act as a holding Corporation for all assets
and revenues from healthcare institutions under its purview not
limited to medical education, nursing, hospitals, etc. for
enabling fund raising to support healthcare infrastructure
development plans of the State, while the management of day to
day affairs of the individual colleges and hospitals shall
continue to be done by college / hospital level societies under
administrative control of the concerned competent authority;
(c) Government shall identify requisite resources comprising of
existing revenue streams and new revenue streams and assign
these revenues to the Corporation to raise financing and fulfil
its objectives, once assigned, for the purpose of raising
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financing, such identified revenue sources shall not be used for
any other purpose;
(d) In case, the Government cancels or reduces the assigned
revenue streams or there is any shortfall in the assigned
revenues for meeting the debt servicing obligations of the
Corporation, Government shall assign alternative revenue
streams to meet the committed financing and debt servicing
liabilities of the Corporation or alternatively the Government
shall take over the financial and debt servicing obligations of
the Corporation.
10. Core Activities of the Corporation:- The core activities to be taken up
by the Corporation are categorized and defined below:
(a) to ensure improved accessibility of tertiary care facilities and
supply of skilled human resources in health sector;
(b) to ensure dedicated focus on health by upgradation and setting
up of infrastructure;
(c) to mobilize resources for enabling skill development, medical
education, research in healthcare sector along with providing
best in class healthcare services to the people of Andhra
Pradesh;
(d) to prepare annual budget, revenue and expenditure plans for
the institutes and hospitals under its control;
(e) to enter into any arrangements with the Government or any of
its undertakings in fulfillment of its core objectives;
(f) to fund and finance, the tertiary care hospitals and its attached
institutions, medical colleges, nursing colleges, training'centers,
labs, etc., in the State including the following:
(i) work through innovative financing, wider market
outreach and deeper access to the market participants
for mobilizing resources from banks, financial
institutions, Non-Banking Financial Companies (NBFC’s),
investors, contributors and others through the escrow of
the assigned cash flows and follow the principles of fiscal
prudence while managing the activities;
(ii) receive any grants, subventions, donations and
gifts from the State/ Central Government or
undertakings of State / Central Government or
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foundations/ CSR/ charitable/ philanthropic
organizations across globe or funding from multilateral/
bilateral/ development organizations or from institutions
/persons for meeting the above objectives;
(iii) to raise money from capital markets (domestic
and international), money markets, borrowings from
banks, financial institutions, and other instruments in
compliance with various statutes, rules, regulations, as
prescribed by various statutory and regulatory
authorities;
(iv)issue shares/ bonds/ debentures/ bills / any other
instruments depending on the structure of financing
and as per the Provisions of the Companies Act, 2013
(Central Act No.18 of 2013). SEBI regulations (if
applicable) and other applicable laws;
(v) ensure that there is proper utilization of the funds
in accordance with its core objectives;
(vi) establish or promote or concur in establishing any
companies or trusts or societies or fund which may
directly or indirectly help in achieving the core objectives
of the Corporation.
CHAPTER IV
PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS
11. Transfer of assets and liabilities of the Government to the
Corporation:- (1) All movable and immovable assets and liabilities of the
existing hospitals, medical colleges and attached institutions under the
control of Director of Medical Education (DME), as specified in Schedule
shall vest in and stand transferred to the Corporation by a suitable process
in compliance with applicable rules, laws and regulations.
(2) The Government may by notification from time to time alter/add to the
Schedule.
(3) The Corporation shall be entitled to create security and/or escrow
arrangements to raise financing from any creditor.
(4) Such properties, assets, rights, obligations and liabilities shall be
valued in such manner as the Government may determine.
(5) If any doubt or dispute arises as to which of the properties or assets
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or rights or liabilities of the Government have been transferred to the
Corporation, such doubt or dispute shall be referred to and decided by the
Government, whose decision shall be final.
(6) In case of shortfall in revenues of APMERC for debt servicing, the
Government shall assist APMERC to the extent of shortfall through
provision of grants or other appropriate means.
CHAPTER V
FUNCTIONS AND POWERS
12. Government to vest or entrust resources to the Corporation:- (1)
The Government may, from time to time, entrust different revenue streams
and financial resources from new and existing hospitals, medical colleges or
from any other sources by issue of Orders.
(2) Subject to the provisions of this Act and the rules and regulations
made there under, in the first instance, the Government hereby assign to
APMERC, all the revenues receivable by Hospitals, Colleges and other
institutions under the purview of APMERC, including revenues receivable
from Aarogyasri Trust, in such ratio between the Health institution and
APMERC, as notified by Government from time to time. Such revenue
stream may include revenue from medical college admission fee, rental
amounts from built up space/land within the hospitals / medical colleges,
fee from various Government healthcare schemes like Aarogyasri etc. for
tertiary health care, any other fee leviable on health checkups, diagnostics
or specific treatments in hospitals as approved by Government from time to
time. The Government may provide grants in aid to APMERC for
implementation of schemes as notified by the Government from time to time.
(3) The Government shall ensure that sufficient revenue streams are
available with the Corporation to meet its obligations including servicing of
loans. In case, the Government decides to change the assigned revenue
stream (or any rate thereof) , then the government shall ensure that the
funds realizable from such change are equal to or more than that which
would have been realized under the original enactment. In case the revenue
stream assigned to the Corporation is no longer available due to sub
summation or any change in law, then the government shall be mandated to
assign equivalent amounts for the Corporation through other assignable
revenue streams.
(4) The Government may issue to the Corporation such general or special
directions as to policy or exercise of the powers or performance of the
function by the Corporation as it may think necessary or expedient for
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carrying out the purposes of this Act and the Corporation shall be bound to
follow and act upon such directions.
13. Functions of the Corporation:- It shall be the functions of the
Corporation,-
(a) To ensure implementation of healthcare programs /
schemes entrusted to it by the Government;
(b) To raise finance for healthcare infrastructure by ring-
fencing revenue and other cash flows through
mechanisms like escrow accounts;
(c) Raising money from capital markets, domestic and
international money markets and other instruments in
compliance with various statues, rules, regulations as
prescribed by various statutory and regulatory
authorities;
(d) Deposit the monies .which cannot be immediately applied,
into a Scheduled Commercial Bank or Banks or other
public financial institutions or invest in Government of
India securities or deposits issued by Government of
Andhra Pradesh owned NBFC’s subject to such conditions
as may, from time to time, be specified by the Board;
(e) Funds mobilized by the Corporation are to be utilized
exclusively by the Corporation to fund the eligible
projects, and/or to repay the monies borrowed;
(f) To undertake schemes, either jointly with other State
Government Corporations, or Government entities in
furtherance of the core objectives of the Corporation for
which, the Corporation is established and all matters .
connected therewith;
(g) To take all such steps as may be necessary or convenient
for, or may be incidental to, the exercise of any power or
the discharge of any function conferred or imposed on it
by this Act;
(h) To undertake any other activities entrusted by the
Government in furtherance of the objectives for which the
Corporation is established.
14. Powers of the Corporation:- It shall be the Powers of the Corporation,-
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(a) To enter any agreement with the Government or any of its
undertakings from time to time in fulfillment of its core
objectives;
(b) To enter into contracts in respect of the funding of the
programs entrusted to it by the Government;
(c) To accord administrative approval, sanction budget and
make financial provisions, settle disputes arising out of
contracts and do any other things which may be
necessary or expedient for the purpose of carrying out its
functions under this Act, with prior approval of the
Government wherever necessary;
(d) To acquire and hold property both movable and
immovable as the Corporation may deem necessary for
the performance of any of its functions, duties and
activities and to lease, sell, exchange or otherwise transfer
any as may be deemed proper by the Corporation, with
prior approval of the Government wherever necessary;
(e) To engage subject matter experts, financial advisors,
investment bankers and/or consultants, legal advisors
and other professional consulting firms to assist the
Corporation in fund raising from Banks, Financial
institutions, Capital Markets and others;
(f) To do all such things and perform all such actions as
may be necessary for or incidental or conducive to any
matters which are necessary in furtherance of the
objectives for which the Corporation is established;
(g) To pay any interest and principal due on the borrowed
money from the Corporation funds;
(h) To open the bank accounts and invest the funds with '
due diligence and prudence, the monies which cannot be
immediately applied, in public financial institutions (or)
Government of India securities (or) Government of
Andhra Pradesh owned NBFC’s subject to such
conditions as may, from time to time, be specified by the
Board;
(i) To sue and be sued by its corporate name;
(j) No matter or thing or action done by the Corporation or
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the executive committee or its member or whomsoever
acting under the Corporation as per the Act, bonafide or
in good faith for the purpose of executing the provisions
of this Act shall subject such person for any claim,
liability, claim or demand whatsoever in respect thereof.
CHAPTER VI
FINANCE, ACCOUNTS AND AUDIT
15. Application of Corporation assets etc.,:- (1) All property, fund and
other assets vesting in the Corporation shall be held and applied by it, for
the purposes of this Act.
(2) The Corporation shall have and maintain its own fund, to which shall
be credited:
(a) all monies received by the Corporation from the
Government by way of grants, subventions, loans,
advances and the loans raised under this Act;
(b) all fees, charges and costs received by the Corporation
under this Act;
(c) all monies received by the Corporation from the disposal
of lands, buildings and other properties, movable and
immovable and other transactions;
(d) all monies received by the Corporation by way of rents
and profits or from any other source.
(3) The Corporation may keep current and deposit account with banks
as decided by the Executive Committee / Board.
(4) Such accounts shall be operated by such officer of the Corporation as
may be authorized by it in this behalf.
(5) The Corporation may keep on hand such sum as it thinks fit for its
day to day transactions subject to such limits and conditions as may be
prescribed.
16. Contribution of Government to Corporation:- The Government shall,
by appropriation duly made in this behalf, from time to time, provide funds
to the extent considered necessary, to the Corporation for the performance
of the functions of the Corporation under this Act. The Capital provided by
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the Government shall not carry any interest.
17. Reserve and other funds:- (1) The Corporation shall make provisions
for reserve and other specially denominated funds as the Government may,
from time to time, direct.
(2) The management of the funds referred to in section 16 above, the sums
to be transferred, from time to time, to the credit thereof and the application
of money comprised therein, shall, subject to the directions if any, issued by
the Government in this behalf, be determined by the Corporation.
(3) None of the funds referred to in section 16 above shall, be utilized for
any purposes other than that for which this Corporation is constituted.
18. State Government as guarantor:- The Corporation may seek State
Government guarantee for the debt servicing whenever necessary and the
Government shall guarantee the payment of the amounts due subject to
agreed conditions of such guarantee provided.
19. Accounts and Audit:- (1) The Corporation shall maintain books of
account and other books in relation to the business and transactions in
such form, and in such manner, as prescribed under the Companies Act,
2013. (Central Act No.18 of 2013);
(2) The accounts of the Corporation shall be audited by an Auditor
appointed by the Government, in consultation with the Comptroller and
Auditor General of India.
(3) Within six (6) months from the end of the financial year, the
Corporation shall send a copy of the accounts audited together with a copy
of the report of the Auditor thereon to the Government.
(4) The Government shall cause the accounts of the Corporation
together with the audit report thereon forwarded to it under sub-section (3)
to be laid before the State Legislature, as far as. possible before the expiry
of the next succeeding year to which the accounts and the report are
related.
20. Concurrent and Special audit of Accounts:- (1) Notwithstanding
anything contained in section 19, the Government may order that there
shall be concurrent audit of the accounts of the Corporation by such person
as it thinks fit. The Government may also direct a special audit to be made
by such person as it thinks fit of the accounts of the Corporation relating to
any particular transaction or class or series of transactions or a particular
period.
(2) When an order is made under sub-section (1), the Corporation shall
present or cause to be presented for audit all such accounts and shall
furnish to the person, appointed under sub-section (1) such information as
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the said person may require for the purpose of audit,
CHAPTER - VII
MISCLLANEOUS AND SUPPLEMENTARY PROVISIONS
21. Annual Reports:- The Corporation shall prepare and submit to the
Shareholders/ State Government, in such form as may be prescribed as per
relevant Act, an annual report within six (6) months after the end of every
financial year, of its activities during the previous financial year.
22. Other Activities of the Corporation:- The Corporation shall also
furnish to the Shareholders/State Government such returns, statistics,
reports, accounts and other information in respect to its conduct of affairs,
properties or activites or assignment of schemes from time to time.
23. Prosecution:- Whoever contravenes the provisions of this Act is /are
liable for prosecution.
24. Dues to be recovered:- All sums due or payable by any person to the
Corporation or recoverable by it on account of any charge, costs, expenses,
fees, rent, compensation or any other account under this Act or any rule or
regulation made there under or any agreement made with the Corporation
and all charges or expenses incurred in connection therewith shall,
without prejudice to any other mode of recovery, be recoverable.
25. Public Notices how to be made known:- Every public notice given
under this Act or any rule or regulation made there under shall be in
writing and under the signature of the officer concerned and shall be widely
made known in the locality or in the properties or areas to be affected
thereby affixing copies thereof in conspicuous public places, within the
said locality or the said properties or areas or by publishing the same by
beat of drum or by any other means that the officer may think fit. Public
Notice may be through print media, digital media or publishing on official
website of the Corporation.
26. Default in performance of duty:- (1) If the Government is of the
opinion that the Corporation has made a default in the performance of any
duty or obligation imposed or cast on it by or under this Act, the
Government may fix a period for the performance of that duty or obligation
and give notice to the Corporation accordingly.
(2). If, the Corporation fails or neglects to perform such duty or obligation
within the period so fixed for its performance, it shall be lawful for the
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Government to supersede and reconstitute the Corporation as it deems fit.
(3) After the supersession of the Corporation and until it is reconstituted
in the manner laid down in Chapter -II, the powers, duties and functions of
the Corporation under this Act shall be carried on by the Government or by
such officer or officers or Body of officers as the Government may appoint
for this purpose, from time to time.
(4) All property vested in the Corporation shall, during the period of such
supersession, vest in the Government.
(5) Where an offence under this Act has been committed by a Corporation,
every person who, at the time the offence was committed, was in charge of
and was responsible to, the Corporation for the conduct of the Business of
the Corporation, to be guilty of the offence and shall be liable to be
prosecuted and punished as per the applicable laws in force;
Provided that, nothing contained in this section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent
the commission of such offence.
(6) Notwithstanding anything contained in sub-section(l), where an
offence under this Act has been committed by a Corporation, and it is
proved that the offence has been committed with the consent or connivance
of or is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the Corporation, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation:- for the purpose of this section,-
(a) “Corporation” means a body corporate and includes a firm,
association or persons or body of individuals whether
incorporated or not and
(b) “Director” means a Director appointed to the Board of a
Corporation.
27. Authority for prosecution:- Unless otherwise expressly provided, no
court shall take cognizance of any offence relating to property belonging to,
or vested by or under this Act in the Corporation, punishable under this Act
except on the complaint of, or upon information received from the
Corporation or any person authorized by the Corporation by general or
special order in this behalf.
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28. Compounding or offences by Corporation:- The Corporation or any
person authorized by the Corporation by general or special order in this
behalf may, either before or after the institution of the proceedings,
compound any offence made punishable by or under this Act:
Provided that, where an offence has been compounded, the offender, if
in custody, shall be discharged and no further proceedings shall be taken
against him in respect of the offence compounded.
29. Delegation of powers of Corporation:- The Corporation may, with the
previous approval of the Government, delegate any of its powers under this
Act to any officer of the Government or any of its officers and permit them to
re-delegate specific powers to their subordinates by general or specific order
in this behalf.
30. Protection of action taken in good faith:- No suit, prosecution or
other legal proceedings shall lie against any person or anything which is in
good faith done or intended to be done under this Act or Rules or
Regulations made there under.
31. Chairperson, Vice- Chairperson, Managing Director, Members and
Officers etc., to be public servants :- The Chairperson., Vice-Chairperson
and Managing Director, Directors, Members, Officers, Employees and
Servants on deputation to or of the Corporation as the case may be, shall
while acting or purporting to act in pursuance of any of the provisions of
this Act or rules or regulations made there under, be deemed to be public
servants within the meaning of Conduct Rules and section 21 of the Indian
Penal Code, 1860 (Central Act No.45 of 1960);
32. Power to make rules:- (1) The State Government may, by notification in
the Andhra Pradesh make rules. Gazette, make rules to carry out the
purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be
laid before the State Legislature, if it is in session and if it is not in session,
in the session immediately following for a total period of fourteen(14) days
which may be comprised in one session or in two(2) successive sessions,
and if, before the expiration of the session in which it is so laid or the
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session immediately following, the State Legislature agrees in making any
modifications 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.
33. Power to make regulations:- The Government may make regulations
consistent with this Act and the rules made there under for all or any of the
matters to be provided under this Act by regulations and generally for all
other matters for which provision is, in the opinion of the Corporation,
necessary for the exercise of its powers and the discharge of its functions
under this Act.
34. Power to remove doubts and difficulties:- If any doubt or difficulty
arises in giving effect to the provisions of this Act, the Government may by
order make provisions or give such directions not inconsistent with the
provisions of this Act, as may appear to it to be necessary or expedient for
the removal of the doubt or difficulty:
Provided that no such order shall be made after the expiry of a period
of two(2) years from the commencement of this Act.
35. Dissolution of the Corporation:-(1) Where the Government is satisfied
that the purposes for which the Corporation was established under this Act
have been substantially achieved so as to make the continued existence of
the Corporation in the opinion of the Government unnecessary, the
Government may by notification declare that the Corporation shall be
dissolved with effect from such date as may be specified in the notification,
and the Corporation shall be deemed to be dissolved accordingly and upon
such dissolution, the members including the Chairperson and the Vice-
Chairperson & Managing Director, if any, shall vacate their respective offices
from the date as specified in the said notification of dissolution.
(2) All properties, funds, and dues which are vested in, or realizable by,
the Corporation shall vest in, or be realizable by the Government.
(3) All liabilities which are enforceable against the Corporation shall be
enforceable against the Government.
36. Act to override other laws:- The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any
law for the time being in force or in any rules having effect by virtue of any
law other than this Act.
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37. Power to amend Schedule:- (1) The Government may, by notification,
alter, add to the Schedule.
(2) Where a notification has been issued under subsection (1) there shall,
unless the notification is in the meantime rescinded, be introduced in the
State Legislature, as soon as may be, but in any case during the next
session of the State Legislature following the date of the issue of
notification, a Bill on behalf of the Government, to give effect to the
alteration or addition, as the case may be, of the Schedule specified in the
notification, and the notification shall cease to have effect when such Bill
becomes law, whether with or without modifications, but without prejudice
to the validity of anything previously done thereunder:
Provided that if the notification under sub-section(l) is issued when
the State Legislature is in session, such a Bill shall be introduced in the
State Legislature during that session:
Provided further that where for any reason a Bill as aforesaid does not
become law within six (6) months from the date of its introduction in the
State Legislature, the notification shall cease to have effect on the
expiration of the said period of six (6) months.
(3) All references made in the Act to the Schedule shall be construed as
relating to the Schedule in force for the time being amended in exercise of
the powers conferred by this Section.
38. Repeal and Savings Ordinance No.1 of 2021:- The Andhra Pradesh
Medical Education and Research Corporation (APMERC) Ordinance, 2020
is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or taken
under this Act.
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SCHEDULE
(See sub-section (1) of section 1 1)
List of Medical Colleges
SL. No Location Colleges
1 Srikakulam Government Medical college, Srikakulam
2 Visakhapatnam Andhra Medical College, Visakhapatnam
3 East Godavari Rangarava Medical College, Kakinada
List of Tertiary Care Hospitals
SL.
No Location Hospital
1 Srikakulam Government General Hospital, Srikakulam
2 Visakhapatnam KGH including Super Specialty Block,
Visakhapatnam
3 Visakhapatnam Victoria Hospital, Visakhapatnam
4 Visakhapatnam VIMS, Visakhapatnam
5 East Godavari Government General Hospital, Kakinada
6 Krishna Government General Hospital, Vijayawada (Old
and New Hospitals, PMSSY)
7 Guntur Government General Hospital including Cancer
Block, Guntur
8 Guntur Fever Hospital, Guntur
9 Prakasam Government General Hospital, Ongole
10 Nellore Government General Hospital, Nellore
11 Chittoor SVRRG Genera! Hospital, Tirupati
12 Kadapa Government General Hospital, Kadapa
13 Ananthapuramu Government General Hospital including PMSSY
Block, Ananthapuramu
14 Kurnool Government General Hospital, Kurnool
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4 Krishna Government Medical College, Vijayawada
5 Guntur Government Medical College, Guntur
6 Prakasam Government Medical college, Ongole
7 Nellore Government Medical College, Nellore
8 Chittoor S.V. Medical College, Tirupati
9 Kadapa Government Medical College, Kadapa
10 Ananthapuramu Government Medical College, Ananthapuramu
11 Kurnool Government Medical College, Kurnool