LexThe Telangana Vaidya Vidhana Parishad Act, 1986.
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Open in Lexace · Ask the AI about this actTHE TELANGANA VAIDYA VIDHANA PARISHAD ACT, 1986.
(ACT NO. 29 OF 1986)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER-I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
Establishment of Commissionerate.
3. Constitution of the Commissionerate and its functions.
4. The Commissioner.
5. Constitution of Governing Council.
6. Meeting of the Governing Council.
7. Powers of the Governing Council.
8. Committee of professional experts.
CHAPTER-III.
Commissionerate Finance and Fund.
9. Levy of fee by the Commissionerate etc.
10. Funds of the Commissionerate.
11. Vesting of dispensaries and hospital with the
Commissionerate.
CHAPTER-IV
Miscellaneous.
12. Members, Officers and other employees of the
Commissionerate to be public servants.
13. Protection of action done in good faith.
2 [Act No. 29 of 1986]
14. Annual financial statement.
15. Subventions and loans to the Commissionerate.
16. Powers of Commissionerate to borrow.
17. Guarantee of lands loans.
18. Payment of interest to Government.
19. Accounts and Audit.
20. Authentication of order and other instruments of the
Commissionerate.
21. Direction by the Government.
22. Inspection and control.
23. Power to make rules.
24. Power to make Regulations.
THE TELANGANA VAIDYA VIDHANA PARISHAD
ACT, 1986.1
ACT No. 29 OF 1986.
CHAPTER-I
Preliminary
1. (1) This Act may be called the 2Telangana Vaidya
Vidhana Parishad Act, 1986.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Commissioner” means the Commissioner of
2Telangana Vaidya Vidhana Par ishad appointed under
section 4;
(b) “Commissionerate” means the 2Telangana Vaidya
Vidhana Parishad constituted under section 3;
(c) “Governing Council” means the Governing Council
constituted under section 5;
(d) “Government” means the State Government;
1. The Andhra Pradesh Vaidya Vidhana Parishad Act, 1986 received the
assent of the Governor on the 16 th August, 1986. The said Act in force in
the combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in
G.O.Ms.No.2, Health, Medical and Family Welfare (B2) Department,
dated 07.01.2016.
2.Substituted by G.O.Ms.No.2, Health, Medical and Family Welfare (B2)
Department, dated 07.01.2016.
Definitions.
Short title, extent
and
commencement.
2 [Act No.29 of 1986]
(e) “notification” means a notification published in the
3Telangana Gazette and the word “notified” shall be
construed accordingly;
(f) “prescribed” means prescribed by rules made by the
Government or the regulations made by the
Commissionerate as the case may be under this Act;
(g) “specialist” means a medical practitioner with post -
graduate qualification in any of the disciplines relating to
medical sciences;
(h) “super specialist” means a medical practitioner with
any higher qualification than a post -graduate qualification in
any of the disciplines relating to medical sciences;
CHAPTER-II
Establishment of Commissionerate.
3. (1) As soon as may be after the commencement of this
Act, the Government may, by notification, constitute a
Commissionerate for the 3State of Telangana called the
3“Telangana Vaidya Vidhana Parishad”.
(2) The Commissionerate shall be a body corporate
having perpetual succession and a common seal, with
power, subject to the provisions of this Act and rules made
thereunder, to acquire hold and dispose of property, and to
enter into contracts, and shall by the sai d name sue and be
sued.
(3) The Commissionerate shall consist of–
3. Substituted by G.O.Ms.No.2, HM&FW (B2) Department, dated
07.01.2016.
Constitution of the
Commissionerate
and its functions.
[Act No.29 of 1986] 3
(a) The Commissioner, who shall be a reputed
member of the medical profession with proven
administrative ability appointed by the Government;
(b) a Governing Council; and
(c) such other employees as may be determined by
the Governing Council.
(4) The salary and other terms and conditions of the
service of the Commissioner shall be such as may be
specified in the rules and that of other employees of the
Commissionerate shall be su ch as may be prescribed by
regulations.
(5) The Commissionerate shall have the following
functions, namely:-
(a) to formulate and implement the schemes for the
comprehensive development of the dispensaries and
hospitals;
(b) to construct and mainta in dispensaries and non -
teaching hospitals, and maintenance of cleanliness therein;
(c) to purchase, maintain and allocate quality
equipment to various dispensaries, and hospitals;
(d) to procure, stock and distribute drugs, diet, linen
and other con sumables among the dispensaries, and
hospital;
(e) to provide the facilities of specialists and super -
specialist at various hospitals;
4 [Act No.29 of 1986]
(f) to receive donations, funds, and the like from the
general public, and institutions both from within and outsid e
India;
(g) to receive grants or contr ibutions which may be
made by the Government on such conditions as they may
impose;
(h) to provide for construction of houses to the
employees of the dispensaries and hospitals, and the
maintenance thereof by mobilising resources from financing
institutions;
(i) to plan, construct and maintain commercial
complexes, paying wards, and providing diagnostic services
and treatment on payment basis and utilise the receipts for
the improvement of the hospital and dispensary;
(j) to run public utility services and any other activity
of commercial nature within the hospital premises;
(h) to run canteens, and cafetaria within the hospital
premises.
4. (1) The Commissioner shall be the Chief-Executive and
whole time officer of the Commissionerate and he shall
implement the decisions of the Governing Council and shall
exercise such other powers and perform such other
functions as may be delegated to him from time to time by
the Governing Council.
(2) The Commissioner shall exercise general control
and supervision over the dispensaries and hospitals in the
effective performance of their functions under this Act or the
regulations made thereunder.
The
Commissioner.
[Act No.29 of 1986] 5
5. (1) There shall be a Governing Council consisting of the
following members, namely:-
(a) the Commissioner shall be the Chairman ex -
officio;
(b) (i) the Secretary to Government in the Medical
and Health Department;
(ii) the Secretary to Government in the Finance and
Planning (Finance Wing) Department;
(iii) Commissioner, Institutional Finances;
(iv) the Director of health and family welfare; and
(v) the Vice -Chancellor of University of Health
Sciences, shall be ex-officio members;
(c) Five eminent persons belonging to medical
profession or any other profession or members of the State
Legislative Assembly nominated by the Government for
such period as may be prescribed.
6. (1) The Governing Council shall hold ordinary meetings
at such intervals as may be prescribed in the regulations
and meeting may be convened by the Chairman at any time
for the transaction of any urgent business.
(2) The number of members necessary to constitute a
quorum a t a meeting and the procedure to be followed
thereat shall be such as may be provided in the regulations.
7. (1) The Governing Council shall be the principal pol icy
formulating body of the Commissionerate and shall have the
following powers, namely:-
Constitution of
Governing
Council.
Meeting of the
Governing
Council.
Powers of the
Governing
Council.
6 [Act No.29 of 1986]
(a) to make regulations for fulfilling the objectives of
the Act;
(b) to make decisions for moblising and borrowing
money for carrying out the activities of the
Commissionerate;
(c) to promote research and dissemination of
knowledge in medical science in collaboration with kindred
institutions;
(d) to consider and take such action as deemed fit on
the annual report, the annual accounts and the financial
estimates;
(e) to enter into an agreement with th e Central or any
State Government or with a private management or
assuming management of any dispensary or hospital and
for taking over its properties and liabilities or for any other
purposes of this Act;
(f) to decide and regulate all matters concerni ng the
Commissionerate in accordance with the Act, rules and
regulations;
(g) to exercise such other powers and perform such
other functions as may be conferred or enjoined upon it by
the Act or the rules;
(h) to appoint persons to the various posts of the
dispensaries and hospitals and to fix their emoluments,
define their duties and terms and conditions of service and
provide for filling up of vacancies;
(i) to hold, control and administer the properties of
the Commissionerate;
[Act No.29 of 1986] 7
(j) to direct the form, custody and use of the common
seal of the Commissionerate;
(k) to administer the funds placed at the disposal of
the Commissionerate for specific purpose;
(l) to accept on behalf of the Commissionerate
endowments, bequests, donations, grant s and transfer of
any moveable and immovable properties made to the
commissionerate;
(m) to raise on behalf of the Commissionerate loans,
from the Central or any other Government or the public or
any other financial institutions;
(n) to levy and coll ect such fees as may be
prescribed for various specific services rendered;
(o) to purchase, stock manufacture and distribute
drugs, linen and other consumables among the
dispensaries and hospitals;
(p) to construct and main tain dispensaries and
hospitals;
(q) to purchase, maintain and allocate quality
equipment to various dispensaries and hospitals;
(r) to provide the services of specialists, super -
specialists at various hospitals;
(s) to provide housing facilities to the employees of
the dispensaries and hospitals as may be prescribed; and
(t) to exercise such other powers and perform such
other functions as may be conferred or enjoined upon it by
this Act or the rules made thereunder.
8 [Act No.29 of 1986]
(2) The Governing Council may, by an order in writing
delegate all or any of its powers to the Commissioner or to
any other officer of the Commissionerate for the effective
fulfilment of the objectives of the Commissionerate.
8. The Governing Council may, in such manner as may be
prescribed constitute Committees of professional experts in
respect of such dispensaries and hospitals as they may
consider necessary, as and when required with a view to
bring about qualitative improvements of the medical care
facilities, which shall function under the administrative
control of the Commissionerate.
CHAPTER-III.
Commissionerate Finance and Fund.
9. For the purpose of this Act, the Commissionerate may,-
(a) levy fees, or other charges from such person or class
of persons making use of the services of dispensary or
hospital in accordance with such regulations as may be
prescribed;
(b) to defray operating ex penses, and to ensure better
up keep and hygenic conditions and sustaine d improve -
ment of the dispensaries or hospitals;
(c) to continuously update equipment and modernise
the services so as to keep pace with the advancement in the
medical care facilities to the public and to provide up-to-date
facilities to the public;
(d) effect repayment of loans and other borrowing;
(e) provide for such other purposes, beneficial to the
promotion of medical care, as the Commissionerate may
determine.
Committee of
professional
experts.
Levy of fee by the
Commissionerate
etc.
[Act No.29 of 1986] 9
10. (1) The Commissionerate shall have its own fund
consisting of:-
(a) the grants from Government voted by the
Legislature of the State towards grants of the
commissionerate and grants received from the Central
Government;
(b) all money received by or on behalf of the
Commissionerate under the provisions of this Act or any
other law for the time being in forc e, or under any other
contract;
(c) all proceeds of the disposals of the property by or
on behalf of the Commissionerate;
(d) all rents accruing from any property of the
Commissionerate;
(e) all moneys received by or on behalf of the
Commissionerate from public bodies, private bodies or
private individuals by way of grants, gifts or deposists;
(f) all interests and profits arising from any investment
of or from any t ransaction in connection with any money
belonging to the Commisssonerate.
(2) All moneys belonging to the fund shall be deposited
in such banks or invested in such manner, as the Governing
Council may decide.
(3) The Commissionerate may spend such sums as
deemed fit, for performing its functions under this Act and
such sums shall be treated as expenditure payable out of
the fund.
Funds of the
Commissionerate.
10 [Act No.29 of 1986]
11. 4[(1) With effect from such date or dates as may be
notified by the Government from time to time,-]
(a) the control and management of all dispensaries,
non-teaching hospitals, except such hospitals which are
primarily dealing with implementation of National Health
Programme like T.B. Control, Leprosy Control, shall stand
transferred to and vest in the Commissionerate and shall
function under the administrative control of the
Commissionerate;
(b) all the properties, assets and liabilities, rights and
obligations in relation to such dispensaries and n on-
teaching hospitals, and all obligations of the Government in
relation to them shall devolve upon the Commissionerate;
(c) every officer or employee who, immediately
before that date was working in such dispensaries and non -
teaching hospitals shall continue to work on deputation with
the Commissionerate till such time he exercises option to be
absorbed in the service of the Commissionerate; and
(d) every officer or employee in the Directorate of
Medical and Health Services and its subordinate offices who
immediately before that date was dealing with such
despensaries and non -teaching hospitals shall continue to
work on deputation with the Commissionerate till he
exercises the option to be absorbed in the service of the
Commissionerate:
Provided that-
(i) the terms and conditions applicable to such
officers and employees consequent on their absorption in
4. Sub-section (1) s ubstituted by Act No.5 of 1987 and opening portion
in sub-section (1) substituted by Act No.36 of 2008.
Vesting of
dispensaries and
hospital with the
Commissionerate.
[Act No.29 of 1986] 11
the service of the Commissionerat e shall not be less
favourable than those applicable to such employees
immediately before such absorption as respects pay and
allowances, leave, pension, gratuity, provident fund and age
of superannuation;
(ii) the service rendered by any such officer or
employee in the aforesaid dispensaries, non-teaching
hospitals and the Directorate of Medical and Health Services
and its subordinate offices prior to their absorption in the
Commissionerate shall be deemed to be service under the
Commissionerate constituted under this Act and he shall be
entitled to count that service for the purpose of increments,
leave, pension, Provident fund and gratuity;
(iii) such of those officers and employees who do
not opt for absorption in the service of the Commissioner ate
may continue on deputation;]
5[(e) The Commissioner may call for options from the
employees who are working on deputation in the
6Telangana Vaidya Vidhana Parishad from time to time and
in subsequent dates from those employees who are working
under the control of the Director of Health and the Director
of Medical Education who are willing to work in the
6Telangana Vaidya Vidhana Parishad for their absorption of
their services in the 6Telangana Vaidya Vidhana Parishad.]
(2) In addition to the staff 7[absorbed in] the
Commissionerate under sub -section (1), the
Commissionerate may appoint such other officers and
5. Clause (e) of sub -section (1) of section 11 a dded by Act No.36 of
2008.
6. Substituted by G.O.Ms.No.2, HM & FW (B2 ) Department, dated
07.01.2016.
7. Substituted by Act No.5 of 1987.
12 [Act No.29 of 1986]
employees on such terms and conditions, as may be
prescribed from time to time.
(3) Every officer and employee 8[absorbed in] the
Commissionerate under sub -section (1) shall
notwithstanding any thing in this Act, continue to hold such
post subject to the provisions of the 9Telangana Public
Employment (Regulation of Age of Superannuation) Act,
1984 and such rules as may be made under the proviso to
article 309 of the Constitution; and until such provision in
that regard is so made the law for the time being in force
regulating recruitment and conditions of service applicable
to such holder immediately before such date shal l continue
to apply such holder.
10[xxx]
CHAPTER-IV
Miscellaneous.
12. (1) A ll members, officers and other employees of the
Commissionerate shall be deemed when acting or
purporting to act pursuance of the provisions of this Act or
any rule or regulation made there under, to be public
servants within the meaning of section 21 of the Indian
Penal Code 1860 and the 11Prevention of Corruption Act,
1947 for the time being in force.
(2) The word “State Government” and “Government” in
section 161 of the Indian Penal Code shall for the purposes
of sub -section (1) be deemed to include the
Commissionerate.
8. Substituted by Act No.5 of 1987.
9. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Provisos omitted by Act No.5 of 1987.
11. Now please refer to the provisions of the Prevention of Corrup tion
Act, 1988 (Central Act No. 49 of 1988).
Members, Officers
and other
employees of the
Commissionerate
to be public
servants.
Act 23 of 1984.
Central Act 45 of 1860.
Central Act 2 of 1947.
[Act No.29 of 1986] 13
13. (1) No suit or prosecution shall be entertained in any
court against the Commissionerate or against any officer or
servant of the Commissionerate or person acting under the
order or direction of Commissionerate or any officers or
servants of the Commissionerate for anything which is in
good faith done or intended to be done und er this Act or
any rule or regulation made thereunder.
(2) No suit, prosecution or other legal proceedings shall
lie against any officer or servant of the Commissionerate for
any act done or purporting to be done under this Act or any
rule or regulation made thereunder without previous
sanction of the Commissionerate.
14. (1) The C ommissionerate shall prepare an annual
financial statement on or before such date, as may be
prescribed by the regulations, of the estimated capital and
revenue receipts and expenditure for the ensuing year.
(2) The said statement shall include a statement of
salaries and allowances of members, officers and servants
of the Commissionerate and of such other particulars as
may be prescribed by the rules.
(3) The Government shall, as soon as may be after
receipt of the said statement, cause it to be laid on the Table
of the Legislature of the State.
(4) The Commissionerate shall take into consideration
any comments made on the said statement in the
Legislature of the State.
(5) The Commissionerate may at any time during the
year in respect of which a statement under sub -section (1)
has been submitted, submit to the Government a
supplementary statement, and all provisions of this section
Protection of
action done in
good faith.
Annual financial
statement.
14 [Act No.29 of 1986]
shall apply such statements as they apply of the statement
under the said sub-section.
15. (1) The Government may, with the approval of the
Legislature of the State, from time to time make subventions
to the Commissionerate for the purposes of this Act on such
terms and conditions as the Government may determine.
(2) The Government may, from time to time advance
loans to the Commissionerate for purposes of this Act on
such terms and conditions as the Gov ernment may
determine.
16. (1) The Commissionerate may, from time to time, with
the previous sanction of the Government and subject to the
provisions of this Act, and to such condition as may be
prescribed borrow any sum required for the purposes of this
Act.
(2) The Government may, for the purpose of this
section, empower the Commissionerate to borrow by the
issue of bonds or stocks or otherwise and to make
arrangements with Bankers.
(3) The maximum amount whi ch the Commissionerate
may at any time raise as loan under sub -section (1) shall be
ten crores of rupees unless the Government by notification
fix higher maximum amount.
(4) Stocks issued by the Commissionerate under this
section shall be issued, transferred, dealt with and redeemed
in such manner as may be prescribed.
17. The Government may guarantee in such manner as they
think fit the payment of the principal and interest of any loan
proposed to be raised by the Commissionerate or of either
the principal or the interest:
Subventions and
loans to the
Commissionerate.
Powers of
Commissionerate
to borrow.
Guarantee of
lands loans.
[Act No.29 of 1986] 15
Provided that the Govern ment shall, so long as any
such guarantees are in force, lay before the Legislat ure of
the State in every year during the budget session, a
statement of the guarantees, if any given during the current
financial year of the State, and an upto date account of the
total sums, if any, which have been paid out of State
revenues by reason of a ny such guarantees or paid into
State revenues towards repayment of any money so paid.
18. In respect of assets of the Government which vest in the
Commissionerate by virtue of the provisions of this Act, the
Commissionerate shall pay inter est on the cost of such
assets at such rates as may, from time to time, be fixed by
the Government in consultation with the Commissionerate
and such interest shall be deemed to be a part of the
expenditure of the Commisionerate.
19. (1) The Commissionerate 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 form as
may be prescribed by regulations.
(2) The accounts of the Commissionerate 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 Commissionerate to
the Government.
(3) The person so appointed and any other person
authorised by him in connection with the audit of the
accounts of the Commissionerate shall have the same
rights, privileges and authority in connection with such audit
as the Comptroler and Auditor -General of India has in
connection with the audit of Gove rnment accounts and in
particular shall have the right to demand the production of
Payment of
interest to
Government.
Accounts and
Audit.
16 [Act No.29 of 1986]
books, accounts, connected vouchers and other documents
and papers, and to inspect any of the offices of the
Commissionerate.
(4) The accounts of the Commissionerate certified by
the person so appointed or any other person authorised by
him in this behalf together with the audit report thereon shall
be forwa rded annually to the Government and the
Government may issue such instructions to the
Commissionerate in respect thereof they deem fit and the
Commissionerate shall comply with such instructions.
(5) The Government, may cause the account of the
Commissionerate together with the audit report thereon
forwarded to them under sub -section (4) to be laid annually
before the Legislature of the State.
20. All orders and decisions of the Commissionerate shall
be authenticated by the signature of the Commissioner or
any other officer authorised by the Commissionerate in this
behalf and all other instruments issued by the
Commissionerate shall be authenticated by the signature of
such officer of the Commissionerate as may be authorised
by the Commissionerate in this behalf.
21. (1) In the discharge of its functions under this Act, the
Commissionerate shall be guided by such directions on
questions of policy relating to State purposes or in case of
any emergency as may be given to it by the Government.
(2) If any dispute arises between the Government and
the Commisionerate as to whether the question is or is not a
question of policy relating to the St ate purposes, or whether
an emergency has arisen the decision of the Government
thereon shall be final.
Authentication of
order and other
instruments of the
Commissionerate.
Direction by the
Government.
[Act No.29 of 1986] 17
(3) The Commissionerate shall function under the
general supervision of the Government and the Government
shall have power to review the actions of th e
Commissionerate taken under this Act.
22. The Government shall have the right to cause an
inspection to be made by such person or persons as they
may direct of the affairs and properties of the
Commissionerate, its buildings, laboratories, libraries,
equipment maintained by the Dispensaries and Hospitals
Medical Institutions and also to cause an enquiry to be
made into the matter connected with the Commissionerate.
The Government shall in every case give notice to the
Commissionerate of their intention to cause such inspecting
or enquiry to be made and the Commissionerate shall be
entitled to be represented thereat.
23. (1) The Government may, by notification make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State if it
is in session and if it is not in s ession in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive s essions and if , before the expiration of the
sessions in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annu lment 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
annuled as the case may be so, however, that any such
modification or annulment shall be without preju dice to the
validity of anything previously done under that rule.
24. The Commissionerate may with the previous approval of
the Government, make regulations not in consistent with this
Inspection and
control.
Power to make
rules.
Power to make
Regulations.
18 [Act No.29 of 1986]
Act and the rules made thereunder to provide for all or any
of the following matters, namely:-
(a) the administration of the funds and other properties
of the Commissionerate and the maintenance of its
accounts;
(b) the procedure to be followed at the meetings of the
Commissionerate and the manner in which the
Commissionerate shall conduct its meetings;
(c) the duties of officers and employees of the
Commissionerate and their salaries, allowances and other
conditions of service;
(d) the procedure to be followed by the
Commissionerate in inviting, considering and accepting
tenders; and
(e) any other matter arising out of the Commissionerate
function under this Act in which it is necessary or expedient
to make regulations.
* * *