The Nagaland Hospital Authority Act, 2003

The Naga Hospital Authority Act, 2003 
(Act No. of 2004) 
Received the assent of the governor of Nagaland on 23/02/2004 and 
published in the Nagaland gazette extraordinary on 23 of march, 2004. 
An 
-Act- 
To establish and incorporate an authority for managing the affairs of the 
Naga Hospital as an autonomous institution and to develop the Naga Hospital 
into an institution of excellence for providing various services connected with 
health care. 
It is hereby enacted in the fourth year of the republic of India as follows: 
Short title and commencement: 
(1) The act may be called the Naga Hospital Authority Act, 2003. 
(2) It shall come into force on such date as the state government may, by 
notification in the official gazette, appoint. 
2. Definition: 
In this act, unless the context otherwise requires. 
(a) Committee means the committee constituted under section II of the Act. 
(b) Fund means the Fund of the Naga Hospital Authority referred to in section 
16. 
(c) Governing body means the Governing body of the Naga Hospital Authority 
(d) Member means a member of the governing body of the Naga Hospital 
Authority. 
(e) Regulation means a regulation framed under Section 23. 
(f) Rule means rule made under Section 22 and 
(g) Section means a section of the Act. 
3 	 Establishment and incorporation: 
1) With effect from such date, as may be specified by notification in the 
official Gazette, the state government shall cause to be constituted an 
authority to be called as the Naga Hospital Authority 
2) The Naga Hospital Authority shall be a body corporate, which shall 
consist of- 
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The governing body, Committee and Chief Executive  Officer as may be 
designated as Director. 
3)The Naga Hospital Authority shall have perpetual succession and seal 
and shall sue and be sued by the said name. 
	
4. 	 Powers and functions of the Naga hospital Authority: 
It shall be the duty of the Naga Hospital Authority to manage the affairs of 
the Naga Hospital and to take all such measures to develop it into an institution 
of excellence for providing various services connected with health care. 
	
5. 	 Other functions: 
The Naga Hospital Authority shall take up and continue to take up such 
activities connected with nurse education or any para medical education as 
may be provided under any law for the time being in force. 
	
6. 	 Composition of governing body: 
The governing body shall be composed of- 
(i) Minister incharge of Health & Family welfare 	 - Chairperson 
(ii) Members of Parliament form the State of Nagaland - Member 
(iii) Finance Commissioner and Secretary to the State 
Government 	 - 
(iv) Development Commissioner and Secretary to the 
State Government 	 - 
(v) Secretary to the State Government, Health and 
Family Welfare 	 - 
(vi) Director, Medical Service 
(vii) 3 members to be nominated by the State Government 
from Amongst the Medical Officer and Nurses serving 
in the Naga Hospital 
(viii) 2 Members to be nominated by the State 
Government from Amongst prominent citizens 	 - 
(ix) 2 members to be nominated by the State 
Government of person eminent in Medical 
Sciences from inside or outside the State 	 - 
(x) Director of Naga Hospital Authority 	 - Member Secy. 
	
7. 	 Terms of office of Members of the Governing Body: 
(1) Save as otherwise provided in this section the term of office of the member 
shall be three years from the date of his nomination or election: 
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Provided that the term of office of a member under clause (ii) of Section 
6 shall come to an end as soon as he cease to be a Member of Parliament 
from which he was elected. 
(3) The term of office of an ex-officio member shall continue so long as he 
holds the office by virtue of which he is a member 
(4) The term of office of a member nomination or elected to fill a casual 
vacancy shall continue for the remainder of the term of the member in 
whose place he is nominated or elected. 
(5) An out-going member shall, unless the state government otherwise directs, 
continue in office until another person is nominated or elected as a member 
in his place. 
(6) An out-going member shall be eligible for re-nomination or re-election. 
(7) A member may resign his office by writing under his hand addressed to 
the State Government but he shall continue in office until his resignation 
is accepted by that Government. 
(8) The manner of filliing vacancies among members shall be such as may 
be prescribed by rules. 
8. Allowance of members: 
The members shall receive such allowance, if any, from the Naga Hospital 
Authority, as may be prescribed by rules. 
9. 	 Meeting of Governing body: 
(1) The Governing Body shall hold its first meeting at such time and place as 
may be appointed by the State Government and shall observe such rules of 
procedure in regard to the transaction of business at the first meeting as 
may be laid don by the government and thereafter the Governing Body 
shall meet at such times and places and observe such rules procedure in 
regard to the transaction of business at its meetings as may be prescribed 
by regulations. 
(2) The chairman shall preside over the meeting of the Governing Body and 
in his absence the members present shall elect one among themselves to 
be the Chairman for that particular meeting. 
10. Powers and functions of the governing body: 
(1) The Govering Body shall be the executive committee of the Naga 
Hospital Authority and shall exercise such powers and discharge such 
functions as may be conferred or imposed by this Act and rules and 
regulation made on this behalf. 
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(2) The procedure to be followed in the exercise of its powers and discharge 
of functions by the Governing Body shall be as such as may be prescribed 
by regulations. 
11. Constitution of committees: 
(1) Subject of such control and restrictions as may be prescribed by rules, 
the Governing Body may constitute as many standing committees and as 
many ad hoc committee as it thinks fit for exercising any power or 
discharging any function of the Naga Hospital Authority or for inquiring 
into, or reporting or advising upon, any matter which the Naga Hospital 
Authority may refer to them. 
(2) A standing committee shall consist exclusively of the members of the 
governing body but an ad hoc committee may include persons who are 
not members of the Governing Body but the number of such persons 
shall exceed one half of the total membership of the Governing Body. 
(3) The members of a standing  committee or an ad hoc committee shall receive 
such allowance, if any, as may be prescribed by regulations. 
12. Appointment, Powers & Functions of Director: 
(1) The shall be Chief Executive Officer of the Naga Hospital Authority who 
shall be designated as the Director of the Naga Hospital Authority and 
shall appointed as may be prescribed by rules. 
(2) The Director shall act as the Member-Secretary to the Naga Hospital 
Authority as well as the Governing Body. 
(3) The Director shall exercise such powers and discharge such functions as 
may be prescribed by regulation or as may be delegated to him by the 
Governing Body. 
13. Staff of the Naga Hospital Authority: 
(1) Subject to such rules as may be made by the State Government in this 
behalf, the Naga Hospital Authority may appoint such number of officers 
and employees against the post sanctioned with the prior approval of the 
State Government as may be necessary for exercise of powers and 
discharge of its functions and may determine the designations and grades 
of such officers and employees. 
Provided the officers and such other employees of the State Government 
so posted at the Naga Hospital on the appointed date of the establishment 
of the Naga hospital shall be treated as appointment on deputation. 
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Provided further that subject to such order issued from time to time 
regarding the strength of various categories of posts on consideration of 
the requirement of the Naga Hospital Authority, the officers and the 
employees of the state government so posted at the Naga Hospital on the 
appointed date of the establishment of the Naga Hospital Authority shall 
be deemed to be appointed against the respective posts held by them on 
deputation and such respective posts shall be treated as transferred to the 
establishment of the Naga Hospital Authority and the posts under the 
respective establishment of the state government controlling such posts 
shall be treated as deputation vacancy. 
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