LexThe KERALA CO-OPERATIVE HOSPITAL COMPLEX, THE ACADEMY OF MEDICAL SCIENCES AND ALLIED INSTITUTIONS (TAKING OVER AND ADMINISTRATION) ACT, 2019
Kerala · state statute
Open in Lexace · Ask the AI about this act
GOVERNMENT OF KERALA
Law (Legislation-H) Department
NOTIFICATION
No.6746/Leg-H1/2018/Law. Dated, Thiruvananthapuram, 7th December, 2019
21st Vrischikam, 1195
16th Agrahayana, 1941.
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of
Kerala is pleased to authorise the publication in the Gazette of the following translation in
English language of the Kerala Co-operative Hospital Complex, the Academy of Medical
Sciences and Allied Institutions (Taking over and Administration) Act, 2019 (13 of 2019).
By order of the Governor,
ARA VINTHA BABU. P. K.,
Law Secretary.
7
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
Translation in English of “ 2019 þse
[Translation in English of “2019-ടേ കേരള സഹേരണ ആശുപപ്തി
കോംപ്ലേ്സും ടമഡിക്കൽ സയപസസ് അക്കാമമിയും അനുബ്
സ്ഥാപനങ്ങളും (ഏടറെുക്കേും നെത്തിപ്പും) ആേ്റ്” published under the
authority of the Governor.]
ACT 13 OF 2019
THE KERALA CO-OPERATIVE HOSPITAL COMPLEX, THE ACADEMY OF
MEDICAL SCIENCES AND ALLIED INSTITUTIONS (TAKING OVER
AND ADMINISTRATION) ACT, 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.
Preamble.— 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;
B E it enacted in the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement.—(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.
2. Definitions.— 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);
8
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
(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.
3. Board of Control to handover the administration of the establishments to
Government.—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.
4. Establishments to vest in Government.—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
9
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.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.
5. General effect of vesting.—(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.
6. Payment of Amount.—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.
7. Appointment of Special Officer for determining the amount.—(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.
8. Amount payable to the Societies.— 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.
9. Deductions from the payable amount.—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;
10
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
(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.
10. Procedure to be followed by the Special Officer.—(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.
11. Manner of payment of amount.—(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.
12. Determination of the service conditions of the officers and other employees in the
establishments.—(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.
11
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
(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.
13. Special provision for maintaining T.B. Sanatorium.—(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.
14. Protection of actions taken in good faith.—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.
15. Overriding effect of Act.—The provisions of this Act or any rule or order made
thereunder 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.
16. Power to make rules.—(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.
17. Power to remove difficulties.—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.
18. Special provisions regarding societies.—(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:
12
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
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.
19. Special provisions regarding existing legal proceedings.—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.
20. Repeal and saving.—(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.
13
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2019