The Telangana Institute of Medical Sciences Act, 2024.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA INSTITUTE OF MEDICAL
SCIENCES ACT, 2024.
ACT NO. 9 OF 2024.
THE TELANGANA INSTITUTE OF MEDICAL SCIENCES ACT, 2024.
(ACT NO. 9 OF 2024)
Section
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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20.
INDEX
Contents
Short title and commencement.
Definitions.
Establishment and Incorporation of the
Institute.
Composition of the Governing Council.
Functions of Governing Council.
Chairperson of Governing Council.
Composition of the Executive Council.
Functions of the Executive Council.
Meeting of the Executive Council.
Staff of the Institute.
Appointment of Director.
Power and duties of Director.
Objects of the Institute.
Functions of the Institute.
Payments of the Institute.
Fund of the Institute.
Budget of the Institute.
Standing Committees and other Adhoc
Committees.
Accounts and Audit.
Annual Report.
21. Authentication of the orders and
instruments of the Institute.
22. Question of Invalidation on various
grounds.
23. Recognition of Qualifications.
24. Grant of Degrees and Diplomas by Institute.
25. Control by the State Government.
26. Returns and Information.
27. Power to make rules.
28. Power to make regulations.
2 [Act No.9 OF 2024]
Establishment
and Incorporation
of the Institute.
(3) “Fund” means the Fund of the Institute referred to in
section 16;
(4) “Member” means a member of the Institute;
(5) “Director” means the Director of the Institute
appointed under section 11;
(6) “Executive Registrar” means the Executive Registrar
appointed under section 10;
(7) ‘Medical Superintendent’ means the in charge of
hospital administration;
(8) “Dean” means head of the faculty;
(9) “Regulation” means a regulation made by the
Institute;
(10) “Rule” means a rule made by the State
Government;
(11) “Notification” means a notification published in the
Government of Telangana Gazette;
(12) “Standing” or “ad-hoc” Com m ittees means
respective standing and ad-hoc Committees constituted
under section 18.
3. (1) With effect from such date as the State Government
may, by notification in the Official Gazette, appoint in this
behalf, there shalt be established for the purposes of this
Act an institution to be called the Telangana Institute of the
Medical Sciences. The State Government may, on and after
the commencement of the Telangana Institute of Medical
Sciences Act, 2024, establish by notification in the Official
Gazette, such other Telangana Institutes of Medical
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Sciences at such places as it may specify in the said
notification in addition to the existing Institute.
(2) Every Institute shall be a body corporate by the
name aforesaid having perpetual succession and a
common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to contract,
and shall by the said names and be sued.
4. There shall be a Governing Council consisting of the
following members, namely:—
(1) The Chairman, who shall be the Chief Minister of
Telangana, ex-officio;
(2) The Vice-Chairman who shall be the Minister for
Health, Medical, and Family Welfare, ex-officio;
(3) The Director of the Institute who shall be the Member
Secretary;
(4) The Secretary to Government, Health, Medical and
Family Welfare, ex-officio;
(5) The Secretary to Government, Finance Department,
ex-officio;
(6) Director, Nizam’s Institute of Medical Sciences,
Hyderabad, ex-officio;
(7) Director of Medical Education, ex-officio;
(8) The Vice Chancellor, Kaloji Narayana Rao University
of Health Sciences, Telangana, ex-officio;
(9) The Managing Director, TSSHCL, ex-officio;
Composition of
the Governing
Council.
4 [Act No.9 OF 2024]
(10) Dean ESI, Sanath Nagar, ex-officio;
(11) MD, TSMSIDC, ex-officio;
(12) CEO AHCT, ex-officio;
Functions of
Governing
Council.
5. (1) Subject to the provisions of this Act the governing
council shall be responsible for the general supervision,
direction, and control of the affairs of the Institute.
(2) Without prejudice to the generality of the provisions
of sub-section (1), the decisions taken by Executive Council
shall be put up for consideration and ratification by
Governing Council.
Chairperson of
Governing
Council.
6. (1) The Chairperson of the Governing Council shall be
the Chairperson for every Institute, who shall be the Hon’ble
Chief Minister of Telangana.
(2) The Chairperson shall exercise such powers and
discharge such functions as are laid down in this Act or as
may be prescribed by rules or regulations.
(3) The Chairperson shall, after every five years cause to
be reviewed the progress of the Institute, in such manner as
he thinks fit.
Composition of
the Executive
Council.
7. There shall be an Executive Council consisting of the
following members of the Governing Council, namely:
(1) The Chairperson, who shall be the Minister for
Health, Medical and Family Welfare, ex-officio;
(2) The Secretary to Government, Health, Medical and
Family Welfare, ex-officio;
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(3) The Secretary to Government, Finance Department,
ex-officio;
(4) Director of the Institute (TIMS), ex-officio;
(5) Dean of the Institute, who shall be the Member
Secretary.
8. (1) To accord approval for creation of posts and
recruitment of posts.
(2) To exercise control and discipline over the
employees of the institute.
(3) To authorize receipt of endowments, bequests,
donations, grants and transfer of any immovable property
by the institute.
(4) To authorize investment money and funds of the
Institute and vary the investments as and when it may be
necessary or proper.
(5) To form as many Standing Committees and as many
ad-hoc committees as it deems fit as specified under
section 18 and for exercising any power or discharging any
functions or reporting or advising upon, any matter which
Institute may refer to them.
(6) To approve courses of study at the Institute and take
decisions.
(7) To cooperate and coordinate with other educational
and medical institutions and authorities in India and abroad.
(8) To authorize fellowships and scholarships or other
monetary assistance on such term is and conditions as it
Functions of the
Executive Council.
6 [Act No.9 OF 2024]
Meeting of the
Executive Council.
Staff of the
Institute.
may prescribe to such persons as it may select to carry on
any research, investigation, or study.
(9) To consider and approve regulations of the Institute.
(10) May delegate any of its powers to a committee or
the Director or to any officer of the Institute.
9. (1) The Executive Council shall meet as often as
required.
(2) The Chairman of the Executive Council shall have
the power to invite any person not being a member of
Governing or Executive Council to attend the meeting, but
such invitee shall not be entitled to vote at such meeting.
10. (1) There shall be a Chief Executive Officer of every
Institute who shall be designated as the Director of such
Institute and shall, subject to such rules as may be made by
the State Government in this behalf, be appointed as
specified in section 12.
(2) The Director shall act as the Member Secretary of
the Governing Council.
(3) The Director shall exercise such powers and
discharge such functions as may be prescribed by
regulations or as may be delegated to him by the Institute or
by the Governing Council or the Chairperson of the
Governing Council.
(4) The Executive council may appoint a professor and
Head of Department as Dean by taking into consideration
the seniority in consultation with Director.
(5) The Executive council may appoint Medical
Superintendent and Executive Registrar of the Institute.
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(6) Subject to such rules as may be made, the Director
of the Institute may appoint such number of other officers
and employees as may be necessary for the exercise of its
powers and discharge of its functions and may determine
the designations and grades of such other officers and
employees.
11. (1) The Director shall be appointed by the Chairperson
of the Governing Council.
(2) The Director shall hold office for a term of five years
from the date on which he enters upon his office or until he
attains the age of sixty-five years, whichever is earlier.
(3) Where vacancy in the office of Director occurs and it
cannot be conveniently and expeditiously filled, the
Chairperson of Governing Council may appoint any suitable
person to act as the Director.
(4) Qualification: The essential qualification for the post
of Director are:
(a) A high postgraduate qualification in Medicine or
Surgery or Public Health and their branches;
(b) Teaching and/research experience of not less
than ten years;
(c) Twenty-five years standing in the Profession;
(d) Extensive practical & Administrative experience in
the field of medical relief, medical research, medical
education or public health organization and adequate
experience of running an important scientific educational
institution either as its Head or Head of a Department;
Appointment of
Director.
8 [Act No.9 OF 2024]
Power and duties
of Director.
(e) Recognized postgraduate medical degree from a
recognized institution.
(f) Minimum of ten years teaching experience as
Professor/Associate Professor in a Medical College/
Institution, out of which at least five years should be as
Professor in the Department.
(5) Director shall not be removed from his office except
by an order of the Chairperson of Governing Council.
(6) The conditions of the service of the Director,
including salary, allowances, leave, pension, and provident
fund, admissible to him, shall be such as may be prescribed
by the Executive council.
12. (1) The Director shall be Chief Executive Officer of the
Institute. He shall preside over the meetings of the Standing
Committees as well as Ad-hoc committees.
(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the Director shall,-
a. Exercise eneral supervision and control over the
affairs of the Institute and its affiliates;
b. Ensure implementation of the decisions of the
authorities of Institute;
c. Be responsible for imparting of instructions and
maintenance of discipline in the Institute;
d. Create or abolish posts in cadres other than
teaching cadres of the Institute and in respect of teaching
cadre to create posts for a period not exceeding six months;
e. He shall be appellant authority under TIMS CCA
rules;
[Act No.9 Of 2024] 9
f. He shall be disciplinary authority over the faculty &
other staff.
(3) The Director shall exercise such other powers and
perform such duties as may be assigned to him by or under
this Act or as may be delegated to him by the Governing
Council or the Executive Council, as the case may be.
13. The objects of every Institute shall be -
(1) to take up post-graduate medical education in
various branches;
(2) to bring together in one place educational facilities of
the highest order for the training of personnel in all
important branches of health activity; and
(3) to attain self-sufficiency in post-graduate medical
education.
14. The Institute shall have the following powers and
functions, namely:
(1) provide for under-graduate and post-graduate
teaching in the science of modem medicine and other allied
sciences, including physical and biological sciences;
(2) provide facilities for research in the various branches
of such sciences;
(3) provide for the teaching of humanities in the
undergraduate courses;
(4) conduct experiments in new methods of medical
education, both undergraduate and post-graduate, in order
to arrive at satisfactory standards of such education;
Objects of the
Institute.
Functions of the
Institute.
10 [Act No.9 OF 2024]
(5) prescribe courses and curricula for both under
graduate and post graduate studies;
(6) notwithstanding anything contained in any other law
for the time being in force, establish and maintain:
(a) one or more medical colleges with different
departments, including a department of preventive and
social medicine, sufficiently staffed and equipped to
undertake not only undergraduate medical education but
also post-graduate medical education in different subjects;
(b) one or more well-equipped hospitals;
(c) a dental college with such institutional facilities for
the practice of dentistry and for the practical training of
students as may be necessary;
(d) a Nursing college sufficiently staffed and
equipped for the training of nurses;
(e) an Allied health sciences college sufficiently
staffed and equipped fortraining allied health professionals;
(f) rural and urban health organizations which will
form centers for the field training of the medical, dental and
nursing students of the Institute as well as for research in to
community health problems; and
(g) other institutions for the training of different types
of health workers, such as physiotherapists, occupational
therapists, and medical technicians of various kinds.
(7) Train teachers for the different medical colleges in
India;
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(8) Hold exam inations and grant such degrees,
diplomas and other academic distinctions and titles in
under-graduate and post-graduate medical education as
may be laid down in the regulations;
(9) institute, and appoint persons to, professorships,
readerships, lectureships and posts of any description in
accordance with regulations;
(10) receive grants from the Government and gifts,
donations, benefactions, bequests and transfers of
properties, both movable and immovable, from donors,
benefactors, testators or transferors, as the case may be;
(11) deal with any property belonging to, or vested in,
the Institute in any manner which is considered necessary
for promoting the objects specified in section 13;
(12) demand and receive such fees and other charges
as may be prescribed by regulations;
(13) construct quarters for its staff and allot such
quarters to the staff in accordance with such regulations as
may be made in this behalf;
(14) borrow money, with the prior approval of the State
Government, on the security of the property of the Institute;
(15) do all such other acts and things as may be
necessary to further the objects specified in section 15.
15. The State Government may pay to the Institute in each
financial year such sum of money and in such manner as
may be considered necessary for the exercise of its powers
and discharge its functions under this Act.
Payments of the
Institute.
12 [Act No.9 OF 2024]
Fund of the
Institute.
16. (1) The Director of the Institute shall maintain a Fund to
Fund of the which shall be credited-
(a) All money provided by the State Government;
(b) All fees and other charges received by the
Institute;
(c) All money received by the Institute by way of
grants, gifts, donations, benefactions, bequests, or
transfers; and
(d) All money received by the Institute in any other
manner or from any other source.
(2) All money credited to the Fund shall be deposited in
such banks or invested in such manner as the Institute may,
with the approval of the Executive Council, decide.
(3) The fund shall be applied towards meeting the
expenses of the Institute including expenses incurred in the
exercise of its powers and discharge of its functions under
section 16.
Budget of the
Institute.
17. The Director of the Institute shall prepare, in such form
and at such time every year as may be prescribed by rules,
a budget in respect of the financial year next ensuing
showing the estimated receipts and expenditure of the
Institute and shall forward to the Governing Council such
number of copies there of as may be prescribed by rules.
Standing
Committees and
other Adhoc
Committees.
18. (1) The Executive Council may constitute Standing
Committees such as Standing Finance Committee, Standing
Selection Committee, Standing Academic Committee, and
other Standard and ad-hoc committees in accordance with
sub-section (5) of section 8 of the Act, consisting of a
[Act No.9 Of 2024] 13
Chairperson, a Vice-Chairman and not more than seven
members.
(2) The Standing Committee shall consist exclusively
members of the Institute, but an ad-hoc committee may
include persons who are not members of such institute.
The number of such persons shall not exceed one half of its
total members.
(3) The term of the office of a Standing Committee shall
be five years. An outgoing member shall be eligible for re
nomination. The term of office if an Ad-hoc Committees shall
terminate as soon as the specific function for which the Com
m ittee appointment is completed.
(4) A casual vacancy in a Standing Committees or Ad-
hoc Committee may be filled by the Chairman of Executive
Council by nomination.
(5) All Standing Committees shall be advisory
Committees.
19. (1) The institute 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 manner as may be
prescribed by regulations.
(2) The accounts of the Institute 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 Institute to the Government.
(3) The persons so appointed and any other person so
authorized by him in connection with such audit of accounts
of the Institute shall have the same rights and privileges and
Accounts and
Audit.
14 [Act No.9 OF 2024]
Annual Report.
Authentication of
the orders and
instruments of the
Institute.
Question of
Invalidation on
various grounds.
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 Institute.
(4) The accounts of the Institute certified by the person
so appointed or any other person authorized 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 Institute in respect thereof as they
deem fit, and the Institute shall comply with such
instructions.
(5) Government may cause the accounts of the Institute
together with audit report thereon forwarded to them to be
said annually before the Legislative Assembly of the State.
20. The Director of the Institute shall prepare for every year
a report of its activities during the that year and submit the
report to the Governing Council in such form and on or
before such date as may be prescribed and copies of the
report shall be laid before the Legislative Assembly of the
State within 1 month of its receipt.
21. All orders and decisions of the Institute shall be
authenticated by the signature of the Executive Registrar, or
any other member or officer authorized by the Institute in
this behalf and all other instruments issued by the Institute
shall be authenticated by the Director, or any other officer of
every institute authorized in like manner in this behalf.
22. No Act or proceeding of the Governing Council,
Executive Council or any authority of every Institute or any
committee constituted under this Act, shall be questioned
[Act No.9 Of 2024] 15
on the ground merely of the existence of any vacancy in, or
defect in the constitution of, the Governing Council,
Executive Council, authority, or such committee.
23. Notwithstanding anything contained in the Indian
Medical Council Act, 1956 (102 of I956), the Dentists Act,
1948 (16 of 1948) and the Indian Nursing Council Act, 1947
(48 of 1947), the medical, dental, or nursing degrees or
diplomas, as the case may be, granted by the Institute
under this Act shall be recognized-
(1) medical qualifications for the purpose of the Indian
Medical Council Act, 1956 (102 of 1956) and shall be
deemed to be included in the First Schedule to that Act;
(2) dental qualifications for the purpose of the Dentists
Act, 1948 (16 of 1948) and shall be deemed to be included
in the Schedule to that Act; and
(3) nursing qualifications for the purpose of the Indian
Nursing Council Act, 1947 (48 of 1947) and shall be deemed
to be included in the Schedule to that Act.
24. Notwithstanding anything contained in any other law for
the time being in force, Institute shall have power to grant
medical, dental, or nursing degrees, diplomas and other
academic distinctions and title under this Act.
25. Every Institute shall carry out such directions as may be
issued to it from time to time by the State Government for
the efficient administration of this Act.
26. Every Institute shall furnish to the State Government
such reports, returns and other inform ation as that
Government may require from time to time.
Recognition of
Qualifications.
Grant of Degrees
and Diplomas by
Institute.
Control by the
State
Government.
Returns and
Information.
16 [Act No.9 OF 2024]
Power to make
rules.
27. The Government after consultation with all the institutes
may, by notification in the official gazette, make rules to
carry out the purpose of this Act.
(1) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matters, namely:
a. the manner of nomination of members under
section 4;
b. the control and restrictions in relation to the
constitution of ad-hoc committees;
c. the conditions of service of, the procedure to be
followed by, and the manner of filling vacancies among,
members of Governing Council;
d. the powers and functions to be exercised and
discharged by the Director of the Institute;
e. the number of officers and employees that may be
appointed by the Institute and the manner of such
appointment;
f. the form in which and the time at which the budget
and reports shall be prepared by the Institute and the
number of copies thereof to be forwarded to the State
Government;
g. the form and manner in which returns and
information are to be furnished by the Institute to the State
Government;
h. any other matter which has to be or may be
prescribed by rules.
[Act No.9 Of 2024] 17
(2) Every rule made under this section, shall
immediately after it is made, be laid before the Legislative
Assembly of the State, while 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 agrees 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; however, any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule.
28. Subject to the provisions of this Act, and the rule made
there under, the Institute may, with the previous approval of
the Governing Council make regulations to provide for any
matter which is to be or may be provided for, by regulation
and without prejudice to the generality of this power, such
regulations may provide for,-
(1) The summoning and holding of meetings, other than
first meeting, and the quorum and conduct of business at
such meetings;
(2) Any matter in respect of the constitution of any
Committee or other body to be constituted under this Act;
(3) The procedure to be followed by the Governing
Council and any Committee or other body constituted under
this Act in the conduct of their business, exercise of their
powers an discharge of their functions;
(4) The tenure of office, salaries and allowances and
other conditions of service of the officers, teachers and
employees of the Institute;
Power to make
regulations.
18 [Act No.9 OF 2024]
(5) The powers and duties of the Director and other
officers and employees of the Institute;
(6) The management of the properties of the Institute;
(7) The degrees, diplomas and the other academic
distinctions and titles which may be granted by the Institute;
(8) The creation of posts of Professors, Heads of
Departments, Associate Professor, Assistant Professors,
Class-I Officers and post of other teachers, officers and
employees of the Institute, and the appointment of persons
to such posts including the qualifications requisite therefore;
(9) The fires and other charges which may be deemed
and received by the Institute;
(10) The manner in which and the conditions subject to
which, pension and provident funds, may be constituted for
the benefit of officers, teachers, and other employees of the
Institute;
(11) Any other matter for which provisions may be made
undertheActby regulations:
(a) Any other matter in which provisions may be
made under this Act by regulations.
(b) Notwithstanding anything contained in sub
section (1), the first regulations under this Act, shall be
made by the Government and any regulations under this
act, shall be made by the Government and any regulations
so made may be altered or rescinded by the Governing
Council in exercise of its power under sub section (1) with
the approving of the Government.
Lex