The KERALA MEDICAL OFFICERS ADMISSION TO POST-GRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008*

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ACT 29 OF 2008 
THE KERALA MEDICAL OFFICERS’ ADMISSION TO 
POST-GRADUATE COURSES UNDER SERVICE 
QUOTA ACT, 2008* 
An Act to provide for quota of seats among Medical Officers of the State of 
Kerala and to have a selection procedure for admtssion to various 
Post-graduate Courses in the Medical Colleges under the service 
quota considering their service under the Government and for matters 
connected therewith or incidental thereto 
Preamble —WueRvas, it is expedient to provide for quota of seats 
among Medical Officers of the State of Kerala and to have a selection 
procedure for admission to various Post-graduate Courses in the Medical 
Colleges under the service quota considering their service under the 
Government, 
Be it enacted in the Fifty-ninth Year of the Republic of India as 
follows;-— 
1 Short title and commencement —(1) This Act may be called the 
Kerala Medical Officers’ Admission to Post-graduate Courses under Service 
Quota Act, 2008 
(2) It shall come into force at once 
2 Definitions -—-In this Act, unless the context otherwise requires,— 
(a) ‘difficult rural area service’ means the service rendered by a 
Medical Officer in a rural area declared by the Government as ‘difficult rural 
area’, 
(b) ‘Government’ means the Government of Kerala, 
(c) ‘Head of Department’ means the Director of Medical Education 
or the Director of Health Services or the Director of Insurance Medical 
Services or the Director of Municipal Administration of the State of Kerala, 
as the case may be, under whose control a Medical Officer serves, 
(d) ‘Medical Officer’ means a doctor with MBBS qualification 
who 1s in service under the control of a Head of Department and includes a 
lecturer or any other doctor with a different designation as the Government 
may specify, 
  
*Received the assent of Governor on the 16" October 2008 and published in the 
Kerala Gazette Extraordinary No 2297 dated 24" October 2008
  
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(e) ‘Post-graduate Course’ means any course of study after 
M.B B.S which may be a degree or diploma course declared as such in the 
prospectus, 
(f) “Post-graduate Course Selection Committee’ means the committee 
constituted under section 4, 
(g) ‘prescribed’ means prescribed by rules made under this Act, 
(h) ‘prospectus’ means the prospectus issued by the Director of 
Medical Education under the direction of the Government every year for 
admission to Post-graduate Course, 
(1) ‘rural area service’ means the service rendered by a Medical 
Officer in an area declared by the Government as ‘rural area’, 
(J) ‘service’ means the service rendered by the Medical Officer 
under the Government for such period as may be prescribed, 
(k) ‘service quota’ means the number of seats allotted for Medical 
Officers in the service of the State, from time to time, for admission to a 
Post-graduate Course of study, on such terms and conditions as may be 
prescribed, 
(1) ‘State’ means the State of Kerala 
3 Selection of Medical Officers for admission to Post-graduate 
Course Under the Service Quota —Notwithstanding anything contained in 
the Indian Medical Council Act, 1956 (Central Act 102 of 1956) or any rule 
or regulation issued thereunder or in any judgement, decree or order of any 
court or authority, the selection of Medica] Officers for admission to 
Post-graduate ‘Course of study in the State under the service quota shall be 
made only under the provisions of this Act. 
4 Constitution of Post-graduate Course Medical Selection Committee— 
(1) The Government may constitute a Post-graduate Course Selection 
Committee for the purpose of selection of Medical Officers under the service 
quota with the following ex-officio members, namely — 
(a) The Secretary to Government, Health and Family Welfare 
Department, Government of Kerala; 
(b) The Director of Medical Education, 
   
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(c) The Director of Health Services, 
(d) The Director of Insurance Medical Services, 
(e) The Joint Director of Medical Education (M), 
(f) The Jomt Director of Medical Education (G) 
(2) The Secretary to Government, Health and Family Welfare 
Department shall be the Chairman and the Director of Medical Education 
shall be the Convener of the Committee. 
(3) The Committee shall discharge its functions in such manner as 
may be prescribed 
5 Procedure for selectiton—{1) The Government may set apart seats 
not exceeding forty per cent of the total seats available to State quota in an 
academic year, for selection of Medical Officers under service quota 
considering their service under the Government for admission to 
Post-graduate Medical Courses in the Medical Colleges of the State in such 
manner as may be prescribed 
(2) The academic qualification for admission to the Postgraduate 
Course shall be MBBS degree with mmimum fifty per cent marks and the 
other qualifications shall be such as may be prescribed 
(3) The details of eligibility for admission, the duration of courses, 
allotment, fee to be paid, reservations of seats and such other details shall 
be published every year in the prospectus before the commencement of 
admission 
(4) The Post-graduate Course Selection Committee shall finalise the 
selection list strictly based on the seniority in service of the Medical 
Officers and following such other criteria as may be prescribed 
(5) The selection list finalised under sub-section (4) shall be 
published by the Post-graduate Course Selection Committee for the 
information of the applicants 
6 Werghtage for rural service —Every Medical Officer who has ‘rural 
area service’ or ‘difficult rural area service’, as the case may be, in the State 
shall be given weightage in selection in such manner as may be prescribed 
7 Protection of action taken in good faith —No suit, prosecution or 
other legal proceeding shall le against the Government or any of its officers 
or employees for any act or omission which 1s done in good faith or 
imtended or omitted to be done under this Act 
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8 Removal of difficulties —(1) If any difficulty arises in giving effect 
to the provisions of this Act, the Government may as occasion may require, 
by order, do anything not inconsistent with this Act or the rules made 
thereunder which appear to them to be necessary or expedient for the 
purposes of removing the difficulty 
Provided that no order under this sub-section shall be issued after the 
expiration of a period of two years from the commencement of this Act. 
(2) Every order made under sub-section (1) shall be laid before the 
Legislative Assembly 
9 Power to make rules (1) The Government may, by notification in 
the Official Gazette, make rules for carrying out all or any of the purposes 
of this Act 
(2) Every rule made under this Act shall be laid as soon as may 
be, after it ts 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 1s so latd 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 
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