LexThe Telangana Government Medical and Dental Institutions (Conversion into Semi-Autonomous Institutions) Act, 2007.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA GOVERNMENT MEDICAL AND DENTAL
INSTITUTIONS (CONVERSION INTO SEMI-AUTONOMOUS
INSTITUTIONS) ACT, 2007.
(ACT NO. 31 OF 2007)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Status of the Institute.
4. Objects of the Institute.
5. Powers and functions of the Institute.
6. Authorities of the Institute.
7. Officers of the Institute.
8. The President.
9. Governing Council.
10. Functions of Governing Council.
11. Executive Board.
12. Powers of the Executive Board.
13. Meetings of the Governing Council.
14. Meetings of the Executive Board.
15. Special Invitees.
16. Term of office and vacancies among members of
Governing Council and the Executive Board.
17. Method of appointment of Director.
18. Powers and Duties of the Director.
19. Registrar, his powers and duties.
20. Superintendent, Powers and Functions.
2 [Act No. 31 of 2007]
21. Academic Council.
22. Recruitment policy.
23. Selection Committee.
24. Finance Committee.
25. Powers of the Finance Committee.
26. Payment to the Institute.
27. Fund of the Institute.
28. Annual Financial Statement.
29. Accounts and Audit.
30. Annual report.
31. Authentication of orders and Instruments of the
Institute.
32. Acts and proceedings not to be invalidated by
vacancies, etc.
33. Directions by Government.
34. Reference to the President.
35. Returns and Information.
36. Power to remove difficulties.
37. Power to make rules.
38. Power to make regulations.
39. Repeal of Ordinance.
THE TELANGANA GOVERNMENT MEDICAL AND DENTAL
INSTITUTIONS (CONVERSION INTO SEMI-AUTONOMOUS
INSTITUTIONS) ACT, 2007.1
ACT No.31 OF 2007.
1. (1) This Act may be called the 2Telangana Government
Medical and Dental Institutions (Conversion into Semi -
Autonomous Institutions) Act, 2007.
(2) It extends to all Government Medical /Dental
Colleges and Institutes of Medical / Dental Scienc es
established in the State of 2Telangana.
(3) It shall be deemed to have come into force with
effect from 22nd October, 2007.
2. In this Act, unless the context otherwise requires,-
(a) ‘Dean’ means a Professor, so appointed by the
Governing Council from among the faculty of the institute, to
assist the Director in all his functions;
(b) ‘Director’ means the Director of the Institute
appointed under section 17;
(c) ‘Fund’ means the fund of the Institute referred to in
section 27;
1. The Andhra Pradesh Government Medical and Dental Institutions
(Conversion into Semi -Autonomous Institution s) Act, 2007 received the
assent of the Governor on the 6 th December, 2007. 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 Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.31 of 2007]
(d) ‘Governing Council ’ means Governing Council of
the institute constituted under section 9;
(e) ‘Government’ means the State Government of
3Telangana;
(f) ‘Institute’ means the semi -autonomous Institute
notified under section 3;
(g) ‘General Hospital’ means the teaching
General/Dental Hospital attached or affiliated to Government
Medical/Dental Colleges or Institutes of Medical/Dental
Sciences;
(h) ‘Member’ means a member of the institute;
(i) ‘Notification' means a notification published in the
3Telangana Gazette;
(j) ‘Prescribed’ means prescribed by rules or
regulations made under this Act;
(k) ‘President’ means the President of the Institute
referred to in section 8;
(l) ‘Regulation’ means a Regulation made by the
Institute under this Act;
(m) ‘Teacher’ means and includes a Professor,
Associate Professor, Assistant Professor, Tutor,
Demonstrator, or any person appointed under this Act, for
the conduct of training, research or impart ing
medical/dental education including undergraduate and post
graduate courses or paramedical education in the Institute.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.31 of 2007] 3
3. (1) As soon as may be after the commencement of this
Act, the Government may by notifica tion confer semi-
autonomous status on any Medical/Dental College or
Institute of Medical/Dental Sciences identified for this
purpose.
(2) The Institute notified under sub -section (1) shall
function as a semi -autonomous Institution under this Act
with its own staff structure to suit the norms of the Medical
or Dental Council of India with the affiliation to 4Kaloji
Narayana Rao University of Health Sciences, for grant of
Degrees, Diplomas, etc., as per its regulations.
(3) The Institute shall be a body corporate having
perpetual succession and a common seal and shall sue and
be sued by the said corporate name of the Ins titute to
maintain the Medical/ Dental Colleges or Institutes of
Medical/ Dental Sciences and teaching hospital.
(4) In all suits and other legal proceedings by or
against the Institute the pleading shall be signed and
verified by the Registrar and all process in such suits and
proceedings shall be issued to and on the Registrar.
4. The objects of the Institute shall be:-
(i) to create a centre of excellence for providing
medical care, educational and research facilities of high
order in the field of Medical/Dental Sciences and such other
Super-Specialties as may develop in future, including
continuing Medical/Dental Education and hospital
administration;
4. Substituted by G.O.Ms.No.20, Health, Medic al and Family Welfare
(C1) Department, dated 26.09.2014.
Status of the
Institute.
Objects of the
Institute.
4 [Act No.31 of 2007]
(ii) to develop patterns of teaching in Under -Graduate
and Post-Graduate Level, so as to set a standard of Medical/
Dental Education;
(iii) to provide for training in Para -Medical, Nursing,
Dental and allied fields;
(iv) to function as a referral hospital / General or Dental
Hospital;
(v) to provide for Under -Graduate, Post -Graduate
teaching and conduct of research in the relevant disciplines
of modern medicine and other allied sciences, including
inter disciplinary fields of Physical and Biological Sciences.
5. The Institute shall have the following powers and
functions, namely:-
(i) to hold examinations for Degrees, Diplomas, etc., in
Under-Graduate and Post -Graduate Medical education as
per the regulations of 5Kaloji Narayana Rao Universi ty of
Health Sciences Act, 1986;
(ii) to give training to teachers for imparting Medical/
Dental Education;
(iii) to receive grants from the Government and gifts,
donations, benefactions, bequests and transfer of
properties, both m ovable and immovable from donors,
benefactors, testators or transferors as the case may be;
(iv) to deal with property belonging to or vested in the
institute in any manner which is considered necessary for
promoting the objects of the Institute;
5. Adapted by G.O.Ms.No.20, Health, Medical and Family Welfare (C1)
Department, dated 26.09.2014.
Powers and
functions of the
Institute.
Act No.6 of 1986.
[Act No.31 of 2007] 5
(v) to demand and receive such fees as may be laid
down by the regulations;
(vi) to co -operate with other Institutions in the conduct
of research and Higher Education in Medical/Dental field;
(vii) to take decisions on questions of policy relating to
the administration of the affairs and working of the Institute;
(viii) to appoint teachers, officers, and other employees
as are necessary for carrying out the functions of the
Institute in accordance with this Act, and the rules and
regulations made thereunder from time to time; and
(ix) to do all such other Acts and things as may be
necessary to further the objects of the Institute.
6. The following shall be the Authorities of the Institute:-
(i) the Governing Council;
(ii) the Executive Board;
(iii) the Academic Council;
(iv) the Finance Committee; and
(v) any other Committee or Committees as it may deem
necessary, to further the objects of the Institute.
7. The following shall be the officers of the Institute,
namely:-
(i) the President;
(ii) the Vice-President;
Authorities of the
Institute.
Officers of the
Institute.
6 [Act No.31 of 2007]
(iii) the Director;
(iv) the Dean;
(v) Medical Superintendent of the General/Dental
Hospital of the Institute;
(vi) the Registrar; and
(vii) such other person as may be prescribed to be
Officers of the Institute.
8. (1) The Chief Minister of 6Telangana shall be the
President of the Institute.
(2) The President shall, after every five years cause to
review the progr ess of the Institute, in such m anner as
he/she thinks fit.
9. There shall be a Governing Council consisting of the
following members, namely:-
(i) the President;
(ii) the Vice -President who shall be the Minister
incharge of Medical Education;
(iii) the Prl.Secretary/Secretary to Government, HM &
FW Department;
(iv) the Prl.Secretary/Secretary to Government, Finance
Department;
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
The President.
Governing
Council.
[Act No.31 of 2007] 7
(v) the Vice-Chancellor, 7Kaloji Narayana Rao University
of Health Sciences;
(vi) the Director of MedicaI Education;
(vii) the Director of the Institute;
(viii) the Dean;
(ix) the Medical Superintendent of the General/Dental
Hospital of the Institute; and
(x) the Registrar of the Institute shall be the Member -
Convener.
10. (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 Govern ing Council shall perform the
following functions, namely:-
(i) take steps for achieving the objectives of the
Institute;
(ii) hold, control and administer the property and
funds of the Institute;
(iii) acquire or transfer any movable or immovable
property on behalf of the Institute;
(iv) administer any funds placed at the disposal of the
Institute for specific purposes;
7. Substituted by G.O.Ms.No.20, Health, Medical and Family Welfare
(C1) Department, dated 26.09.2014.
Functions of
Governing
Council.
8 [Act No.31 of 2007]
(v) manage and regulate the finances, accounts,
investments, property, business and all other administrative
affairs of the institute and for that purpose appoint such
agent as it may thinks fit;
(vi) invest the money belonging to the Institute
(including any income from the trust and the endowed
property) in such stocks, funds, shares or securities as it
may from time to time think fit;
(vii) enter into, vary, carry out and cancel contracts on
behalf of the Institute;
(viii) regulate and determine all other matters
concerning the Institute in accordance with the provisions of
this Act, the rules and regulations made thereunder;
(ix) delegate any of its powers to a Committee or the
Director or to any Officer of the Institute; and
(x) co-operate with other Institutions, Universities and
other authorities in such manner and for such purposes as it
may determine.
11. There shall be an Executive Board consisting of the
following members of the Governing Council, namely:-
(i) the Vice -President of the Governing Council, who
shall be the Chairperson;
(ii) the Prl. Secretary/Secretary t o Government, HM &
FW Department;
(iii) the Prl.Secretary/ Secretary to Government,
Finance Department;
(iv) the Director of Medical Education;
Executive Board.
[Act No.31 of 2007] 9
(v) the Director of the Institute;
(vi) the Dean;
(vii) the Medical Superintendent of the General/Dental
Hospital of the Institute; and
(viii) the Registrar of the Institute shall be the Member -
Convener.
12. The Executive Board shall have the following powers,
namely:-
(i) to constitute Committees for specific or general
purposes;
(ii) to appoint from time to time such number of
teachers, officers and other employees and on such terms
and conditions as it may deem fit for carrying out
management and affairs of the Institute;
(iii) to appoint such number of persons and on such
terms and conditions as it may deem fit for the conduct of
the studies, investigations, research, teaching or other work
undertaken by the Institute;
(iv) to exercise control and discipline over the
employees of the Institute;
(v) to accept on behalf of the Institute endowments,
bequests, donations, grants and transfer of any immovable
property made to it;
(vi) to receive moneys, s ecurities, instruments or any
other movable property for and on behalf of the Institute;
Powers of the
Executive Board.
10 [Act No.31 of 2007]
(vii) to grant receipts, sign and execute instruments
and endorse or discount cheques or other negotiable
instruments through its accredited agents;
(viii) to make , sign and execute all such documents
and instruments, as may be necessary or proper for
carrying on the management of the property or affairs of the
Institute;
(ix) to invest moneys and funds of the institute and vary
the investments as and when it may be necessary or proper;
(x) to introduce courses of study at the Institute and
take decisions on the recommendations of the Academic
Council;
(xi) to co -operate and co -ordinate with other
educational and Medical/Dental Institutions and authorities
in India and abroad;
(xii) to grant fellowships and scholars hips or other
monetary assistanc e on such terms and conditions as it
may prescribe to such persons as it may select to carry on
any research, investigation or study;
(xiii) to propose regulation for consideration and
adoption by the Governing Council;
(xiv) to publish or finance publication of studies ,
treatises, books, periodicals, reports and other literature and
sell or arrange for the sale of them, as it may deem fit, from
time to time to cause to maintain proper books of accounts
supported by necessary vouchers;
(xv) to arrange for the audit of the accounts of the
Institute annually;
[Act No.31 of 2007] 11
(xvi) to create or abolish posts of teachers of the
Institute;
(xvii) to d elegate any of its powers to a C ommittee or
the Director or to any Officers of the Institute; and
(xviii) to exercise all the powers of the Institut e not
otherwise provided for and all powers requisite to give effect
to the provisions of this Act, or the rules made thereunder.
13. (1) The Governing Council shall meet atl east twice in a
calendar year.
(2) The President may direct the Registrar to convene a
meeting of the Governing Council as and when necessary.
(3) An emergency meeting of the Governing Council
may be convened by the Registrar on the request of the
Director of the Institute on a requisition si gned by not less
than five (5) members of Governing Council and in such
manner as may be prescribed by regulations.
14. The Executive Board shall meet at least once in three
months. An emergency meeting of the Executive Board may
be convened by the Vice -President in such manner as may
be prescribed by the regulations.
15. The Vice-President shall have the powers to invite any
person not being a member of the Governing Council or the
Executive Board to attend the meeting of the Governing
Council or the Executive Board but such invitee shall not be
entitled to vote at such meeting.
16. An Ex -officio Member shal l continue so long as he
holds the office by virtue of which he is such member.
Meetings of the
Governing
Council.
Meetings of the
Executive Board.
Special Invitees.
Term of office and
vacancies among
members of
Governing
Council and the
Executive Board.
12 [Act No.31 of 2007]
17. (1) There shall be a Director of the Institute who shall
be appointed by the President from a panel of names
recommended by the Executive Council.
(2) The initial term of appointment shall be for 3 years
and shall not be extended for beyond a total of 3 terms
including initial appointment or 65 years of age whichever is
earlier.
(3) The Director shall be a doctor with Post Graduate
degree in any medical speciality recognized by the MCI. He
shall have a minimum of 10 years teaching experience in the
speciality out of which atleast 5 years shall be in the cadre
of Professor.
18. (1) The Director shall be the Chief Executive and
Academic officer of the Institute. He shall preside over the
meetings of the Academic Council and Finance Committee.
(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the Director shall,-
(a) exercise general supervision and control over the
affairs of the Institute and its affiliates;
(b) ensure implement ation of the decisions of the
authorities of the Institute and responsible for imparting of
instruction and maintenance of discipline in the Institute;
(c) the Director shall exercise such other powers and
perform such other duties as may be assigned to him under
this Act, or as may be delegated to him by th e Governing
Council or the Vice-President, as the case may be.
19. (1) The Government may, by notification in the Gazette,
appoint a Registrar of the Institute, in such manner and on
such terms and conditions as may be prescribed by the
Method of
appointment of
Director.
Powers and
Duties of the
Director.
Registrar, his
powers and
duties.
[Act No.31 of 2007] 13
regulations. The Registrar shall be of the cadre of a
Professor of the 8Telangana Medical Education Service with
a minimum of five (5) years of experience in the same cadre.
(2) The Registrar shall have the following powers and
duties, namely:-
(a) he shall be responsible for the custody of the
records and the common seal of the Institute;
(b) he shall be bound to place before the Governing
Council and the Executive Board and authorities of the
Institute all such information as may be necessary for the
transaction of their business;
(c) he shall assist the Director and Dean of the
Institute, in conducting the examinations and make all other
arrangements necessary therefor and be responsible for the
due execution of all processes connected therewith;
(d) he shall exercise such other powers and perform
such other duties as may be assigned to him by or under
this Act, or as may be delegated to him by the Governing
Council, Vice-President, Executive Board or the Director and
Dean of the Institute and Medical Superintendent of the
General/Dental Hospital;
(e) he shall be responsibl e to the Director and Dean
of the Institute for the proper discharge of his/her functions;
(f) he shall attest and execute the documents on
behalf of the Institute;
(g) he shall be responsible for the day to day affairs
of the administration, drawing and disbursement of the bills
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
14 [Act No.31 of 2007]
of the Institute and such other duties as may be assigned to
him/her by the Director and Dean from time to time. He shall
be the custodian of the records and such other property of
the Institute;
(h) out source the employe es, if necessary, for
assisting the administration, with the approval of the Director
and Dean. Negotiate, enter into agreement, sign documents
and execute deeds on behalf of the Institute on approval of
the Director and Dean;
(i) submit a ccounts, budget e stimates and other
proposals including re -appropriation for approval of the
Executive Board through the Director and Dean;
(j) record the minutes of the meetings of the
Governing Council, Executive Board and other Committees
and maintain the minutes book; and
(k) obtain approval of the Executive Board by
circulating the proposal among the members in case of
emergency. He shall be assisted in his duties by the Deputy
Registrar (Academic) and the Deputy Registrar
(Administration). The Deputy Dir ectors of the College/
General or Dental Hospital shall be the Deputy Registrars.
20. (1) The Superintendent shall, subject to the control of
the Director and Dean of the Institute, exercise general
supervision, maintain discipline and control over the affairs
of the General or Dental Hospital and its affiliates.
(2) He shall assist the Director and Dean in academic
affairs of the Institute and exercise such powers and perform
such functions as may be assigned t o him by or under this
Act, or the Regulations or the rules made thereunder or as
may be delegated to him by the Governing Council, Vice -
Superintendent,
Powers and
Functions.
[Act No.31 of 2007] 15
President, Executive Board or Director and Dean of the
Institute.
21. (1) There shall be an Academic Council, subject to the
provisions, Statutes and Regulations of the 9Kaloji Narayana
Rao University of Health Sciences Act, 1986 which shall
have the general control over teaching and responsible for
maintenance of the standards of education in the institute.
(2) The Academic Council shall consist of the following
members, namely:-
(i) the Director, who shall be the Chairperson of the
Council;
(ii) the Dean of the Institute;
(iii) the Medical Superintendent of the General or
Dental Hospital of the Institute;
(iv) all Heads of Departments of the Institute;
(v) two Assi stant Professors of the Institut e to be
nominated by the Director;
(vi) two Honorary Consultants to be nominated by the
Director;
(vii) the Director of Medical Education, 10Telangana or
his nominee; and
(viii) the Registrar of the Institute shall be the
Member-Convener.
9. Adapted by G.O.Ms.No.20, Health, Medical and Family Welfare (C1)
Department, dated 26.09.2014.
10. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Academic
Council.
Act No.6 of 1986.
16 [Act No.31 of 2007]
22. (1) The Institute shall have the following categories in
the teaching faculty, namely:-
(a) Professors;
(b) Associate Professors;
(c) Assistant Professors; and
(d) Tutors/Senior Residents/Registrars.
(2) (a) the posts of Professors and Associate
Professors shall be filled by promotion from the lower
cadres; or
(b) by deputation; or
(c) by direct recruitment at all India level.
(3) (a) the posts of Assistant Professors, Tutors/ Senior
Residents/Registrars shall be filled by direct recruitment at
all India level; or
(b) by deputation.
Note:- 1. Any Doctor in service under the State
Government/ 11Telangana Vaidya Vidhana Parishad either in
the same Institute or other Government College or service
may exercise an option to continue or come to, as the case
may be, to the services of the In stitute. The option once
exercised is irrevocable and final.
2. Any Doctor in service under the State Government
shall be eligible to apply for any category of the post and if
11. Adapted (Act) by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Recruitment
policy.
[Act No.31 of 2007] 17
selected he shall leave the State Government service before
joining the Instit ute. Such person shall not have lien in the
Government service and shall stand automatically
terminated on joining the services of the Institute.
3. The other mode of recruitment shall take place after
the options are finalized.
4. The teaching faculties that are working there shall be
deemed to be on deputation from the State Government till
alternative arrangements are made.
5. The person taken on deputation shall be on such
terms and conditions as governed by the service rules
applicable to the individual concerned.
23. The Selection Committee for the appointment/
promotion of the Professor, Associate Professor, Assistant
Professor and Tutors/Senior Residents/Registrars, shall
consist of:-
(a) the Director;
(b) the Dean;
(c) the Secretary to Government, HM & FW Dept. or his
nominee;
(d) the Director of Medical Education, Telangana or his
nominee.
(e) the Medical Superintendent of the General or Dental
Hospital of the Institute;
(f) the Registrar of the Institute s hall be the Member -
Convener; and
Selection
Committee.
18 [Act No.31 of 2007]
(g) one external expert in the concerned speciality
nominated by the Director.
24. There shall be constituted a Finance Committee which
shall consist of the following, namely:-
(a) the Director;
(b) the Dean;
(c) the Secretary to Government, HM & FW Department
or his nominee;
(d) the Secretary to Government, Finance Department
or his nominee;
(e) the Director of Medical Education, Government of
12Telangana; and
(f) the Registrar shall be the Member -Convener of the
Committee.
25. The Finance Comm ittee shall have the following
powers, namely:-
(i) to examine the proposals of the b udget and annual
accounts of the Institute and advise the Executive Board
thereon;
(ii) to review the financial position of the Institute from
time to time and make recommendations to the Executive
Board thereon and also on all proposals involving raising of
funds, receipts and expenditure and make
recommendations on all proposals involving expenditure for
12. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Finance
Committee.
Powers of the
Finance
Committee.
[Act No.31 of 2007] 19
which no provision has been made in the budget or which
involve expenditure in excess of the amount provided in the
budget.
26. The Government may pay to the Institute in each
financial year such sums of money and in such manner as
may be considered necessary for the exercise of its powers
and discharge its functions under this Act.
27. (1) The Institute shall have its own fund consisting of,-
(a) all moneys provided by the Government under
section 26;
(b) all fees and other charges received by the
Institute;
(c) all moneys received by the institute by way of
grants, loans, gifts, donations, benefactions, bequests or
transfers;
(d) all mone ys received by the Institute in any other
manner or from any other source like auctioning of canteen
services, parking place for vehicles, drug stores, paying
rooms, service charges for special investigations etc.
(2) All moneys credited to the fund shal l be deposited
in such bank or invested in such manner as the Governing
Council may decide.
(3) The fund shall be applied towards the expenses of
the Institute including expenses incurred in the exercise of
its powers and discharge of its functions.
(4) The Institute shall receive all moneys, sale proceeds
of the publications of the Institute, fees payable to the
Institute and remit the same into the account of the Institute
Payment to the
Institute.
Fund of the
Institute.
20 [Act No.31 of 2007]
and a register of accounts of the Institute shall be
maintained and the fund utilized for the purpose as laid
down in this Art and the rules, regulations and orders made
thereunder.
28. (1) The Institute 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 and submit the same
to the Government.
(2) The said statement shall include a statement of
salaries and allowances of members, officers and servants
of the insti tute and of such other particulars as may be
prescribed by the regulations.
(3) The Institute 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, an d all provisions of this secti on shall apply to
such statement s as they apply to the statement under the
said sub-section.
29. (1) The Institute shall cause to be kept proper accounts
and other records in relation thereto, including a proper
system of the 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 b y the
Director of State Audit and 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 Institute shall comply with such
instruction.
Annual Financial
Statement.
Accounts and
Audit.
[Act No.31 of 2007] 21
30. The Institute shall prepare for every year a report of its
activities during the previous year and submit the report to
the Governing Council on or before such date as may be
prescribed and copies of the report shall be submitted to
the President and the Government.
31. All orders and decisions of the Institute shall be
authenticated by the signature of the Registrar or any other
officer authorized by the Director in this behalf, and all other
instruments issued by the institute shall be authenticated by
the signature of such Officer of the Institute as may be
authorized by the Director in this behalf.
32. No act or p roceeding of the Governing Council,
Executive Board or any authority of the Institute or any
Committee constituted under this Act shall be questioned on
the ground merely of the existence of any vacancy in or
defect in the constitution of the Governing Council,
Executive Board, authority or such Committee.
33. (1) In the discharge of its functions under this Act, the
Institute shall be guided by such directions on question of
policy relating to the State purposes or in case of any
emergency as may be given to it by the Government.
(2) If any dispute arises between t he Government and
the Institute as to whether the question is or is not a
question of policy relating to the State purposes or whether
an emergency has arisen, the decision of the Government
thereon shall be final.
(3) The I nstitute shall function under the general
supervision of the Government and the Government shall
have power to review the actions of the Institute taken under
this Act.
Annual report.
Authentication of
orders and
Instruments of the
Institute.
Acts and
proceedings not
to be invalidated
by vacancies, etc.
Directions by
Government.
22 [Act No.31 of 2007]
34. If any question arises whether any person has been
duly appointed as, or is entit led to be, a member of the
Governing Council, Executive Board or any authority or
other body of the Institute or whether any decision of the
Governing Council, Executive Board or any Authority or
other body of the Institute is in conformity with this Act or the
rules or regulations made thereunder, the matter shall be
referred to the President and the decision of the President
thereon shall be final:
Provided that no reference made under this section
shall be made more than three months after the date whe n
the question could have been raised for the first time:
Provided further that the President may in exceptional
circumstances act suo -motu to entertain reference after the
expiry of the period mentioned in the preceding proviso.
35. The I nstitute shall furnish to the Government su ch
reports, returns, statements and other information as it may
require from time to time.
36. If any difficulty arises in giving effect to the p rovisions
of this Ac t, the Govern ment may, within a period of two
years from the commencement of this Act, by order
published in the Gazette, make such provisions including
adaptations or modification, if any, of the provisions of this
Act, not affecting the substance thereof as appears to it to
be necessary or expedient for removing the difficulty.
37. (1) The Governing Council is empowered to make any
and all rules governing recruitment / promotions /
retirements / pay and allowances of employees of the
Institute.
Reference to the
President.
Power to remove
difficulties.
Power to make
rules.
Returns and
Information.
[Act No.31 of 2007] 23
(2) The appointments and promotions of teaching
faculty shall be governed by norms prescribed by Medical
Council of India for such posts.
(3) The Governing Council shall seek prior approval of
the State Government for implementation of t he rules so
prepared.
38. (1) Subject to the provisions of this Act and the rules
made thereunder, the Governing Council may, with the prior
approval of the Government, 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 and such regulations may provide for:-
(a) the summoning and holding of meetings , other
than first meeting of the Governing Council and the quorum
and conduct of business at such meetings;
(b) any matter in respect of the constitution of the
Governing Council or any Committee or Committees t o be
constituted under this Act;
(c) the powers and functions to be exercised and
discharged by the President of the Institute;
(d) the procedure to be followed by the Governing
Council and any Committee or Committees or other body
constituted under this Act, in the conduct of their business,
exercise of their powers and discharge of their functions;
(e) the tenure of office, salaries and allowances and
other conditions of service of the teachers, officers and
employees of the Institute;
(f) the powers and duties of the Director, Dean,
Medical Superintendent of General/Dental Hospital,
Power to make
regulations.
24 [Act No.31 of 2007]
Registrar, Deputy Registrars, other Officers and employees
of the Institute;
(g) the management of the properties of the Institute;
(h) the creation of th e post of Professors, Associate
Professors, Assistant Professors, Tutors, Senior Residents/
Registrars, Demonstrators, Officers and employees of the
Institute and appointment of persons to such posts
including the qualifications requisite thereof; and
(i) the fees and other charges which may be
demanded and received by the Institute.
(2) Any other matter for which provisions may b e made
under this Act by Regulations.
(3) All regulations made under this section sh all be
published in the Gazette.
(4) Notwithstanding anything contained in sub -section
(1) the first regulations under this Act shall be made by the
Government.
39. The Andhra Pradesh Government Medical and Dental
Institutions (Conversion into Semi -Autonomous Institutions)
Ordinance, 2007 is hereby repealed.
* * *
Repeal of
Ordinance 14 of
2007.