LexThe Dr. Ram Manohar Lohia Institute of Medical Sciences Act 2015
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actDR. RAM MANOHAR LOHIA INSTITUTE OF MEDICAL SCIENCES
ACT, 20151
(U.P. Act no. 41 of 2018)
[In pursuance of the provisions of clause (3) of Article 348 of the
Constitution of India, the Governor is pleased to order the publication of
the following English translation of the Dr. Ram Manohar Lohia
Ayurvigyan Sansthan Adhiniyam, 2015 (Uttar Pradesh Adhiniyam
Sankhya 41 of 2018) as passed by the Uttar Pradesh Legislature and
assented to by the Governor on September 11, 2018 and published in
the U.P. Gazette extra-ordinary on September 12, 2018.]
AN
ACT
to provide for the esta blishment of Dr. Ram Manohar Lohia
Institute of Medical Sciences at Lucknow in Uttar Pradesh and for matters
connected therewith and incidental thereto.
It is hereby enacted in the Sixty -sixth Year of the Republic of
India as follows:-
CHAPTER-I
Preliminary
Short title 1. This Act may be called Dr. Ram Manohar Lohia Institute of
Medical Sciences Act, 2015.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) “Board” means the Board of Governors of the Institute;
(b) “Director’’ means the Directo r of the Institute appointed
under section 14;
(c) “Employee” means any person appointed by the Institute
and includes a teacher, a doctor or any other member of the staff
of the Institute;
(d) “Fund” means the Fund of the Institute maintained under
section 28;
(e) “Institute” means Dr. Ram Manohar Lohia Institute of
Medical Sciences established under section 3;
(f) “Prescribed” means prescribed by regulations;
(g) “President” means the President of the Institute referred
to in section 12;
(h) “Regulations” means the regulatio ns of the Institute
made under section 34;
(i) “Secretary/Principal Secretary” means the Secretary or
the Principal Secretary, as the case may be, of concerned
department of Government of Uttar Pradesh dealing with the
affairs of the Institute;
(j) “Society” means Dr. Ram Manohar Lohia Institute of
Medical Sciences Society, Lucknow registered under the Societies
Registration Act, 1860;
(k) “Teacher or Faculty -member” means a Professor,
Additional Professor, Associate Professor, Assistant Professor or a
person employed or engaged by the Institute for imparting
education or training or guiding or conducting research in the
Institute and includes the Dean and the Director.
1. For S.O.R. see at the end of this Act.
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CHAPTER -II
The Institute
Establishment
and
incorporation of
the Institute
3. (1) There shall be established at Lucknow on the pattern of
All India Institute of Medical Sciences, New Delhi an Institute to be
called Dr. Ram Manohar Lohia Institute of Medical Sciences,
Lucknow.
(2) The Institute shall be a body corporate and shall function
as a University established under a State Act.
(3) On and from the date of commencement of this Act,–
(a) Dr. Ram Manohar Lo hia Institute of Medical Sciences
Society at Lucknow shall be dissolved and all property -
movable and immovable and rights, powers and privileges and
liabilities and obligations of the Society shall stand
transferred to and vested in the Institute;
(b) all references in any statutory instrument to the
Society shall be construed as reference to the Institute;
(c) any deed or other document, whether made or
executed before or after the commencement of this Act which
contains any bequest, gift or trust in fa vour of the Society,
shall be construed as the bequest, gift or trust to the
Institute;
(d) Every person duly employed before the
commencement of this Act and working as such just before
the commencement of this Act in the Society shall become an
employee of the Institute by the same tenure and upon the
same conditions of service.
Institute open
to all classes
and creed
4. The Institute shall be open to all persons irrespective of sex,
race, creed or class and it shall not be lawful for the Institute to adopt
or impose on any person any test whatsoever of religious belief or
profession or political opinion in order to entitle him to be appointed
as a teacher of the Institute or to hold any other office therein or to be
admitted as a student of the Institu te, or to enjoy or exercise any
privilege thereof :
Provided that reservation on the posts for recruitment of the
employees and reservation of seats for admission in any course of
study for the students, belonging to the Scheduled Castes, Scheduled
Tribes and Other Backward Classes of Citizens and other
categories of candidates as specified by the State Government from
time to time shall be regulated by the laws and orders of the State
Government for the time being in force.
Composition of
the Institute
5. The Institute shall consist of,–
(a) the Governor of Uttar Pradesh
Government ;
-Visitor (ex-officio)
(b) the Chief Secretary to the
Government of Uttar Pradesh;
-President (ex-officio)
(c) the Principal Secretary/ Secretary
to the Government of Uttar Pradesh
in the Medical Education
Department;
-Vice-President
(ex-officio)
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(d) the Principal Secretary/Secretary to the
Government of Uttar Pradesh in the
Finance Department or his nominee;
-Member (ex-officio)
(e) the Principal Secretary/Secretary to the
Government of Uttar Pradesh in the
Planning Department or his nominee;
-Member (ex-officio)
(f) the Principal Secretary/Secretary to the
Government of Uttar Pradesh in the Law
Department or his nominee;
-Member (ex-officio)
(g) the Director General, Medical Education
& Training, Uttar Pradesh;
-Member (ex-officio)
(h) the Director; -Member-Secretary
(ex-officio)
(i) the Dean of the Institute; -Member (ex-officio)
(j) two persons having special knowledge or
practical experience in the pursuit of
Medical Sciences/ Heads of Medical
Institutions to be nominated by the State
Government;
-Members
(k) three representatives of medical faculties
of the Indian Universities or the Institutes
to be nominated by the President;
-Members
(l) one representative of the Ministry of
Health and Family Welfare, Government
of India;
-Member
(m) one representative of the Medical Council
of India;
-Member
(n) one representative of the Indian Council
for Medical Research;
-Member
(o) one representative of the Indian Nursing
Council;
-Member
(p) two educationists of eminence to be
nominated by the State Government;
-Members
(q) two senior -most heads of department by
rotation every two years.
-Members
Term of office
and vacancies
among
members
6. (1) Subject to the provisions of the following sub -sections, the
term of a member, other than an ex- officio member, shall be f ive years
from the date of nomination.
(2) The term of office of a member nominated under section 5
shall come to an end as soon as he/she ceases to hold the office by
virtue of which he/she is such a member.
(3) The term of office of an ex-officio member shall continue so
long as he holds his/her office by virtue of which he is such a member.
(4) The term of office of a member nominated to fill a casual
vacancy shall be for the remainder of the term of the member in whose
place he is nominated.
(5) An outgoing member may be eligible for re-nomination.
(6) A member may resign his office by writing under his hand
addressed to the Vice- President through the Member- Secretary, but he
will continue in office until his resignation is accepted.
(7) The manner of fi lling vacancies amongst members shall be
such, as may be prescribed.
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Meeting of the
Institute
7. (1) The Institute shall meet at such time and place, as the
President may from time to time determine.
(2) The transactions of business in such meeting shall be in
such manner as may be prescribed:
Provided that the Institute shall meet at least once in a year.
8. The objects of the Institute shall be,–
(a) to create a centre of excellence for providing medical
care, educational and research facilities of high order in the
field of medical sciences and special ities and super specialities
and such others, as may emerge in future, including
continuing medical education on the pattern of All India
Institute of Medical Sciences, New Delhi;
Objects of the
Institute
(b) to provide for multi -purpose speciality and super
speciality hospitals and trauma centres by upgrading the
existing institutions, and to establish them as a centre of
excellence and to provide treatment for patients therein;
(c) to develop excellence in teaching and training at under -
graduate, post -graduate, doctoral and post -doctoral medical
education and research in super -specialities so as to set a high
standard of medical education;
(d) to develop training centres and facilities for paramedical
human resource;
(e) to establish specialized and indivi dual departments to
deal with emerging medical, surgical and allied specialities and
sub-specialities.
Powers and
functions of
the Institute
9. (1) The powers and functions of the Institute shall be,–
(a) to institute teaching and training in undergraduate,
postgraduate and super- speciality branches of medicine and
allied sciences and to make provisions for research and for the
advancement and dissemination of knowledge in such branches;
(b) to institute and award degrees, diplomas, certificates and
other academic distinctions;
(c) to admit students to the various courses of study and to
conduct examinations or tests and lay down conditions in respect
thereof;
(d) to hold examinations for and to grant and confer degrees,
diplomas and others academic distinctions to a nd on persons
who-
(i) have pursued a course of study, or
(ii) have carried on research in the Institute.
(e) to confer honorary degrees or other academic distinctions;
(f) to institute and award scholarships, fellowships (including
travelling fellowship) studentships, stipends, medals and prizes in
accordance with the regulations;
(g) to establish, maintain and administer centres of teaching
and research, hospitals, rural and urban centres, laboratories,
libraries or other things to carry out the objects of the Institute;
(h) to fix and collect fees and other charges;
(i) to create teaching, administrative, ministerial, technical
and other necessary posts as required and make appointment
thereto;
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(j) to undertake publication of works of merit and research;
(k) to provide for management and treatment of the patients
in its hospitals and centres;
(l) to function as a secondary and tertiary hospital;
(m) to deal with property belonging to, or vested in the
Institute in any manner which is considered necessary for
promoting its objects;
(n) to co- operate or collaborate with other institutions in
conduct of patient care, higher education and research in
medical and paramedical field;
(o) to do any ot her act or thing, as may be necessary in
order to further the objects of the Institute:
Provided that the Institute-
(i) will not transfer any immovable property of the
Institute by way of mortgage, sale, exchange, gift or
otherwise except with the previous sanction of the State
Government ;
(ii) will not create any post in the Institute except with
the prior approval of the State Government or except in
accordance with any general or special order of the State
Government.
(2) The pay and other allowances to variou s categories of
employees of the Institute shall be such as may be determined from time
to time by the State Government.
CHAPTER-III
Officers of the Institute
Officers of the
Institute
10. The following shall be the officers of the Institute, namely,–
(a) The Visitor;
(b) The President of the Institute;
(c) The Vice-President of the Institute;
(d) The Director;
(e) The Dean of the Institute;
(f) The Finance Officer;
(g) Such other officers as may be declared by the
regulations.
Visitor
11. (1) The Gover nor of Uttar Pradesh shall be the Visitor of
the Institute.
(2) The Visitor shall by virtue of his office, be the head of the
Institute and shall, when present, preside at the convocation of the
Institute.
(3) Every proposal for the conferment of an honorary degree or
distinction shall be subject to the confirmation by the Visitor.
(4) The Visitor shall after every five years cause to be reviewed the
progress of the Institute in such manner as he thinks fit.
(5) Upon reviewing progress of the Institute the Visitor may
make a reference to the State Government for taking action under
section 41 or may, subject to the provisions of this Act issue such
directions as he considers necessary, and the Institute shall be bound
to comply with such directions.
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(6) Without prejudice to the foregoing provisions of the section
but subject to the provision s of section 42, the Visitor may by order in
writing annul any proceeding of the Institute which is not in conformity
with this Act of the rules or regulation made thereunder :
Powers
of President
Provided that before making any such order he shall ca ll upon
the Institute to show cause why such an order should not be made
and if any cause is shown within such reasonable time as may be
allowed therefor, shall consider the same.
12. (1) The Chief Secretary of Uttar Pradesh shall be the
President of the I nstitute and shall also be Chairman of the Governing
Body. Meetings of the Institute shall be convened as per directions of
the President.
(2) The President shall preside over the meetings of the
Institute.
(3) The powers and functions of the President shall be,–
(a) to ensure that the administration of the affairs of the
Institute are being conducted in accordance with the
provisions of this Act and the regulations and to take such
steps, as he deems fit;
(b) to call for such information or records relating t o the
administration of the affairs of the Institute;
(c) to include in the agenda at any time before or during a
meeting, fresh items of business or items supplementary to
those included in the agenda for consideration;
(d) to exercise such other power s and perform such other
functions, as may be prescribed.
(4) The President may delegate any of his powers to the Vice-
President.
Vice-President 13. (1) The Principal Secretary, Medical Education to the
Government of Uttar Pradesh shall be the ex- officio Vice-President of
the Institute.
(2) In the absence of the President at any meeting of the
Institute, the Vice-President shall preside over such meeting.
(3) He shall exercise such powers and perform such functions
as may be prescribed.
Director 14. (1) The Director shall be appointed by the Visitor on the
recommendation of a committee consisting of,–
(a) President of the Institute;
(b) Vice-President of the Institute;
(c) the Director General Medical Education and Training;
and
(d) two experts in medical field, not bel ow the rank of a
head of medical institution or medical University to be
nominated by the Visitor.
(2) (a) Only such person shall be eligible for the appointment to the
office of the Director who has not attained the age of sixty-two years.
(b) The Di rector shall hold office for a term of five years
from the date he/she enters upon his/her office or till he/she
attains the age of sixty-five years whichever is earlier.
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(c) The Director may be appointed for second term or until
he/she attains the age of sixty-five years, whichever is earlier:
Provided that the Director may in writin g under his hand
addressed to the Visitor resign his/her office, and shall cease to
hold his office on the acceptance thereof by the Visitor.
(3) The Committee shall, as far as may be, at least sixty days
before the date on which a vacancy in the office of the Director is due to
occur by reason of expiry of term or resignation under the proviso to
clause (c) of sub -section (2) and also whenever so required and before
such date as may be specified by the Visitor, submit to the Visitor the
names of not less t han three persons to hold the office of the Director.
The Committee shall, while submitting the name, also forward to the
Visitor a concise statement showing the qualifications of each of the
persons so recommended but shall not indicate any order of preference.
(4) Where the Visitor does not consider any one or more of
persons recommended by the Committee to be suitable for appointment
as the Director or if one or more of the persons recommended is / are
not available for appointment and the choice of the Director is restricted
to less than three persons, he may require the committee to submit a list
of fresh names in accordance with sub-section (3).
(5) No Act or proceeding of the committee shall be invalidated
merely by reason of the existence of a vacan cy or vacancies among its
members or by reason of some person having taken part in the
proceeding who is subsequently found not to have been entitled to do so.
(6) In any of the following circumstance (of the existence of which
the Visitor shall be the sole judge), he may appoint any suitable person
to the office of the Director for a term not exceeding six months as he
may specify:-
(a) Where the vacancy in the office of the Director occurs and
it cannot be conveniently and expeditiously filled in accor dance
with the provisions of sub-sections (1) to (5).
(b) Any other emergency.
(7) In the absence of the Director, the senior -most Professor of
the Institute shall discharge the duties of the Director.
(8) Subject to the provisions of this Act, the emo luments and
other conditions of service of the Director shall be such as may be
determined by the State Government by general or special order in that
behalf.
(9) If in the opinion of the Visitor, the Director wilfully omits or
refuses to carry out the pr ovisions of this Act or abuses the powers
vested in him, or if it otherwise appears that the continuance of the
Director in office is detrimental to the interest of the Institute, the Visitor
may, after making such inquiry, as he deems proper, by order rem ove
the Director.
Powers and
functions of
the Director
15. (1) The Director shall be the Principal Executive and
Academic Officer of the Institute.
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(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the Director,–
(a) shall exercise general supervision and control over the
affairs of the Institute;
(b) shall ensure implementation of the decisions of the
authorities of the Institute;
(c) shall be responsible for imparting of instructions and
maintenance of discipline in the Institute;
(d) may engage with the approval of the Board any person
for a period not exceeding one year for such purpose as may
be necessary in the interest of the Institute.
(3) Where any matter is of urgent nature requiring immediate
action and the same cannot be immediately dealt with by any officer
or authority of the Institute, empowered by or under this Act to deal
with it, the Director may take such action, as he may deem fit and
shall forthwith report the action taken by him to the Chairpe rson and
also to the officer or authority who in the ordinary course, would have
dealt with the matter:
Provided that if such officer or authority is of opinion that
such action ought not to have been taken by the Director, it may refer
the matter to the C hairperson who may either confirm the action
taken by the Director or annul the same or modify it in such manner,
as he thinks fit, and thereupon it shall cease to have effect or, as the
case may be, shall take effect in the modified form:
Provided further that such annulment or modification, as is
referred to in the preceding proviso shall be without prejudice to the
validity of anything previously done by or under the order of the
Director.
(4) The Director shall exercise such other powers and perform
such other functions as may be assigned to him by the Institute or the
Chairperson or the Board or any other authority.
(5) The Director shall be responsible to conduct and manage
all matters relating to the Institute.
The Dean 16. (1) There shall be a Dea n of the Institute, who shall be
appointed by the Board from amongst the senior Professors of the
Institute and shall hold office for three years and may be eligible for
re-appointment.
(2) The Dean shall assist the Director in academic affairs of
the In stitute and shall exercise such powers and perform such
functions as may be prescribed.
Finance Officer 17. (1) There shall be a Finance Officer for the Institute, who
shall be appointed by the State Government in Finance Department,
and his remuneration and allowances shall be paid by the Institute;
(2) The Finance Officer shall be responsible for presenting the
budget and the statement of accounts to the Board and also for
drawing and disbursing funds on behalf of the Institute.
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(3) The Finance Officer shall have the duties-
(a) to ensure that no expenditure is incurred by the
Institute which has not been authorised in the budget;
(b) to disallow any proposed expenditure which may
contravene the provisions of this Act or regulations;
(c) to ensure that no financial irregularity is committed
and to take steps to set -right any irregularity pointed out
during audit or appeared otherwise;
(d) to ensure that the property and investments of the
Institute are duly preserved and managed;
(e) to perform such other functions as may be prescribed.
(4) The Finance Officer shall have access to and may require the
production of such records and documents of the Institute and the
furnishing of such information pertaining to its affairs, as in his opinion
may be necessary for the discharge of his duties.
(5) Other powers and funct ions of the Finance Officer shall be
such as may be prescribed.
CHAPTER-IV
Authorities of the Institute
Authorities of
the Institute
18. The following shall be the authorities of the Institute,
namely—
(a) Board of Governors;
(b) Academic Council;
(c) Finance Committee;
(d) Ethics Committee;
(e) Admissions Committee;
(f) Examinations Committee;
(g) Selection Committee;
(h) such other authorities as may be declared by regulations
to be the authorities of the Institute.
Board of
Governors
19. (1) The Board of Governors shall be the pr incipal governing
body of the Institute and shall consist of,–
(a) the Chief Secretary, Government of
Uttar Pradesh;
Chairperson (ex-officio)
(b) the Principal Secretary/Secretary to
the Government of Uttar Pradesh,
Medical Education Department;
Vice-Chairperson
(ex-officio)
(c) the Principal Secretary/Secretary to
the Government of Uttar Pradesh,
Finance Department;
Member (ex-officio)
(d) the Director General, Medical
Education and Training, Uttar
Pradesh;
Member (ex-officio)
(e) the Director General, Medical and
Health, Uttar Pradesh;
Member (ex-officio)
(f) the Director Member-Secretary
(ex-officio)
(g) the Dean of the Institute Member (ex-officio)
(h) the Chief Medical Superintendent Member (ex-officio)
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(i) two persons of eminence in the field of
medicine not less than Heads of
Institute in the State or out- side the
State nominated by the Visitor;
(j) two persons being Professors and Heads
of the Depart ment at the Institute to be
nominated by the Director in order of
seniority by rotation.
Member
Member
(2) 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.
(3) The term of office of a member nominated under clauses
(i) and (j), shall be two years from the date of his nomination.
(4) The term of office of a member nominated to fill a casual
vacancy shall continue for the remainder of the term of the member
in whose place he has been nominated.
(5) The Board shall meet at least once in three months at
such time and place as the Chairperson may from time to time
determine.
(6) The procedure to be followed by the Board for the
transaction of business in any meeting or othe rwise or in the
exercise of its powers or performance of its functions shall be such
as may be prescribed.
(7) Subject to such control and restrictions as may be
prescribed, the Board may constitute such committees, as it thinks
fit, for exercising any p ower or performing any function under
this Act.
Functions of the
Board
20. (1) Save as otherwise provided in this Act, the Board
shall be responsible for the general superintendence, direction and
control of the affairs of the Institute.
(2) Without prejudice to the provisions of sub- section (1), the
Board,–
(a) shall take steps for the implementation of the decisions
of the Institute on matters of policy relating to the
administration of the affairs and working of the Institute;
(b) shall institute courses of study at the Institute and
take decisions on the advice of the Academic Council on all
academic matters including matters relating to the
examinations conducted by the Institute;
(c) shall hold and control the property and funds of the
Institute;
(d) may acquire any movable or immovable property on
behalf of the Institute;
(e) shall administer any fund placed at the disposal of the
Institute for specific purposes;
(f) may create or abolish posts of teachers and other
employees of the Institute;
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(g) may manage and r egulate the finances, accounts,
investments, property, business and all other administrative
affairs of the Institute and for that purpose, appoint such
agent as it may think fit;
(h) may invest any money belonging to the Institute
(including any income from endowed property) in such
stocks, funds, shares or securities as it, from time to time,
thinks fit;
(i) may enter into, vary, carry -out and cancel contracts
on behalf of the Institute;
(j) may make other decisions in the interest of the
Institute on the matters n ot inconsistent with the provisions
of this Act or the regulations made thereunder.
Academic Council 21. (1) The Academic Council shall consist of,-
( i) the Director - Chairperson
(ii) the Dean of the Institute - Member-Secretary
(iii) all Heads of teaching - Members
departments
(2) The Academic Council shall perform the following
functions :-
(a) to prepare and to recommend changes in curricula
and syllabi for the courses of study for the various
departments;
(b) to make arrangement for the conduct of
examinations;
(c) to appoint Advisory Committees or Expert
Committees or both for the department to make
recommendations on academic matters in connection with
the working of the departments and the concerned Head of
the Department shall act as the convener of such committee;
(d) to appoint sub- committees from amongst the
members of the Academic Council, other teachers of the
Institute and experts from outside on such specific matters
as may be referred to such sub -committee by the Academic
Council;
(e) to consider the recommendations of the advisory
Committee, Expert Committee or other sub -committees and
take such action as circumstances of each case may require
including making of suitable recommendations to the Board;
(f) to make periodic al review of the activities of the
departments and if necessary, make suitable recommenda-
tions to the Board;
(g) to advise on the working of library, laboratories and
the hospitals etc.;
(h) to promote research within the Institute and require
reports on such research from the persons engaged thereon;
(i) to advise on general policy to be followed in respect
of consultation work to be done by academic staff;
(j) to provide for the inspection of classes, laboratories,
library and disciplines therein and submit report s thereof to
the Board;
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(k) to award stipends, fellowships, scholarships free -ships,
medals and prizes etc . according to the conditions attached to
the awards.
(3) The Academic Council shall meet as often as necessary but
not less than two times during a calendar year.
(4) Meeting of the Academic Council shall be convened by the
Member-Secretary of the Council either on his own imitative or on the
direction of the Director or on a requisition signed by not less than five
members of the Academic Council .
(5) Half of the total number of the members of the Academic
Council shall form the quorum.
(6) A written notice of every meeting together with the agenda
shall be circulated by the Member -Secretary to the members of the
Academic Council at least one week before the meeting. The
Chairperson of the Academic Council may permit inclu sion of any item
on the agenda for which due notice could not be given.
(7) Notwithstanding anything contained in sub -section (6), the
Chairperson may call an emergent meeting of the Academic Council at
short notice to consider urgent or special issues.
(8) The decision of the Chairperson of the Academic Council in
regard to all matters shall be final.
(9) The minutes of the Academic Council shall be drawn up by
the Member-Secretary and circulated amongst all members present in
meeting.
Finance
Committee
22. (1) The Finance Committee shall consist of,-
(a) the Principal Secretary
/Secretary to the Government
of Uttar Pradesh, Medical
Education Department;
- Chairperson
(b) the Principal Secretary/
Secretary to the Government
of Uttar Pradesh, Finance
Department, or his nominee
not below the rank of the
Special Secretary;
- Member
(c) the Director; - Member
(d) the Chief Medical Superin -
tendent of the Institute;
- Member
(e) the Finance Officer - Member Secretary
(2) The Finance Committee shall advise the Board on matters
relating to the administration of property and funds of the Institute
including limits for the principles to be observed with regard to the
recurring and non-recurring expenditure for the ensuing financial year,
having regard to the income and resources of the Institute.
(3) The Finance Committee shall have such other powers and
functions as may be prescribed.
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Ethics
Committee
23. (1) There shall be an Ethics Committee for ensuring
smooth running and proper patient- care in the Institute, associated
hospitals and health centres.
(2) The constitution of the Ethics Committee, the term of
office of its members and its powers and functions shall be such as
may be prescribed.
Other
Authorities
24. The constitution, powers and functions of the
Admissions Committee, Examinations Committee and other
authorities of the Institute shall be such as may be prescribed.
CHAPTER-V
Staff of Institute
Staff of Institute 25. (1) The Institute shall appoint such number of employees
against the posts as may be sanctioned by the State Government
from time to time. The terms and conditions of service o f the
employees of the Institute shall be such as may be provided in the
regulations.
(2)
In the interest of the Institute, eligible Government
servants may be appointed on deputation basis or by transfer of
service as per Government norms and conditions.
(3)
The Board may, from time to time, create or abolish posts
as it considers proper, subject to approval of the State Government.
However, parity will be maintained with All India Institute of Medical
Sciences, New Delhi.
Appointment and
promotion of
teachers and
other staff
26. (1) Subject to the provisions of this Act, such number
of Professors, Associate Professors, Assistant Professors and Group
‘A’ Officers, as may be necessary, shall be appointed by the
Chairperson, and such number of Group ‘B’ Officers and other
employees, as may be necessary, shall be appointed by the Director.
(2) Save as otherwise provided in sub -section (1) the
officers, teachers and other employees of the Institute shall be
appointed in such manner and with such designati ons and grades
as may be prescribed.
(3) The employees of the Institute appointed under this Act
shall be entitled to such salary and allowances and shall be
governed by such conditions of service as may be prescribed.
(4) No person shall be appointe d as a teacher of the
Institute, unless he/she fulfils the qualifications prescribed by the
Medical Council of India, the Indian Nursing Council or any other
Central/State Regulatory Body and the regulations made under this
Act, as the case may be and reco mmended by a Selection Committee
constituted in this behalf under this Act.
(5) (a) The Selection Committee for the appointment or
promotion to a Professor and an Associate Professor of the Institute
shall consist of, –
(i) the Director who shall be the Chairperson of the
Selection Committee;
(ii) the Director General, Medical Education and
Training, Uttar Pradesh;
(iii) the Dean of the Institute;
(iv) three experts to be nominated by the President;
(v) such other persons as may be prescribed.
(b) The S election Committee for the appointment or
promotion to an Assistant Professor and other teachers of the
Institute shall consist of,–
(i) the Director who shall be the Chairperson of the
Selection Committee;
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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015]
(ii) the Direct or General, Medical Education and Training,
Uttar Pradesh;
(iii) the Dean of the Institute;
(iv) Head of the Department concerned;
(v) two experts nominated by the President;
(vi) such other persons as may be prescribed.
(6) The Selection Committee consti tuted under this section shall
follow such procedures as may be prescribed.
(7) No recommendations made by the Selection Committee shall
be considered to be valid, unless it is supported by a majority of the
members present:
Provided that in the case of Selection Committee constituted
under clause (a) of sub -section (5), the presence of at least two experts,
and in the case of a Selection Committee constituted under clause (b) of
sub-section (5), the presence of at least one expert shall be necessary.
(8) Where the Selection Committee fails to make recommenda-
tion in accordance with the provisions of sub -section (7), the
minutes of the Selection Committee shall be submitted to the President
who shall forward the same, along with his/her views t hereon, to the
President for decision and the decision of the President shall be final.
(9) Where the recommendations of the Selection Committee
are not acceptable to the appointing authority, it shall refer the whole
case to the President specifying t he grounds of objection to such
recommendations in precise terms, and the decision of the President
thereon shall be final:
Provided that it shall be lawful for the President to refer the case
to the Selection Committee for reconsideration or to require an other
Selection Committee to be constituted for consideration of the case.
Explanation-For the purpose of this section, Group ‘A’ Officers
and Group ‘B’ Officers shall be such class of officers as are specified or
designated as such in the regulations.
CHAPTER-VI
Finance and Audit
Grant-in-aid
by State
27. For the purpose of enabling the Institute to perform its
functions efficiently under this Act, the State Government may, after
due appropriation made by State Legislature by law in this behalf, pay
to the Institute in each financial year such sums of money in such
manner as it may think fit.
Fund of the
Institute
28. (1) The Institute shall maintain a fund to which shall be
credited:-
(a) all moneys provided by the State Government;
(b) all fees and other charges received by the Institute;
(c) all moneys received by the Institute in any other
manner or from any other source.
(2) All moneys credited to the Fund shall be deposited in
Nationalized Banks and invested in such manner as the Institute may,
with the approval of the State Government, decide.
(3) The fund shall be applied towards meeting the expenses of
the Institute including expenses incurred in the exercise of its powers
and performance of its functions under section 9.
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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015]
Budget of the
Institute
29. (1) There shall be prepare d in such form and at such
time, every year as may be prescribed, a budget in respect of the
financial year next ensuing , showing the estimated receipts and
expenditure of the Institute and the same shall be forwarded to the
State Government in such manner as may be prescribed.
(2) The Board shall comply with such directions as may be
given by the State Government and approve the budget finally.
(3) It shall not be lawful for the Institute to incur any
expenditure not sanctioned in the budget or in the ca se of funds
granted to the Institute, subsequent to the sanction of budget by the
State Government or the Government of India, or any international
organisation or foundation or any other agency save in accordance
with the terms of such grant:
Provided tha
t funds from sources other than that of the
Government of India and of the State Government will be received by
the Institute only after obtaining the necessary clearances, as
required under the law:
Provided further that in the case of sudden or unforesee n
circumstances, non -recurring expenditure not exceeding rupees
twenty-five thousand not sanctioned in the budget may be incurred
by the Director who shall immediately inform the State Government
in respect of all such expenditure.
Annual
Accounts and
Balance-Sheet
30. (1) The Institute shall maintain proper accounts and
other relevant records and shall cause to be prepared an annual
statement of accounts including the Balance- Sheet in such form as
may be specified by the State Government by general or s pecial order
in this behalf.
(2) A copy of the Annual Statement of Accounts and the
Balance-Sheet shall be submitted to the State Government which
shall cause the same to be audited.
Annual Report 31. The Institute shall, as soon as may be, after the e nd of
each financial year prepare the Annual Report and submit it to the
State Government, before such date as may be prescribed and copy of
such report shall be laid before both Houses of the State Legislature.
Provident Fund
and retiral
benefits
32. The Institute shall constitute provident funds and retiral
benefits etc. for the benefit of its employees, in such manner and
subject to such conditions, as per the orders of the State Government.
Surcharge 33. (1) A member of the Institute, the Board, any a uthority or
other body of the Institute, as the case may be, or an officer, other
employees of the Institute shall be liable to surcharge for the loss,
waste or misapplication of any money or property of the Institute, if
such loss, waste or misapplication is a direct consequence of his/her
neglect or misconduct.
(2) The procedure of imposing surcharge and the manner of
recovery of the amount involved in such loss, waste or misapplication
shall be such as may be prescribed.
CHAPTER-VII
Regulations
Power to make
regulations
34. (1) Subject to the provisions of this Act, the Institute
may, with the previous approval of the State Government, make
regulations to provide for any matter which is to be or may be
provided for by regulations and without preju dice to the generality of
this power, such regulations may provide for, namely :–
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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015]
(a) the convening and holding of meetings, other than the
first meeting, of the Institute, the conduct of the business at
such meetings and the number of members necessary to form a
quorum ;
(b) any matter in respect of the constitution of the Board or
any Committee or other body to be constituted under this Act;
(c) the powers and functions to be exercised and
discharged by the President and the Vice- President, other
officers of the Institute;
(d) the allowance, if any, to be paid to the Chairperson and
the member of the Board and of any Committee or other bodies
constituted under this Act;
(e) the procedure to be followed by the Board or other
authorities or other bodies constituted under this Act in t he
conduct of their business, exercise of their powers and
discharge of their functions;
(f) the tenure of office, salaries and allowances and other
conditions of service of the officers, teachers and employees of
the Institute;
(g) the powers and duties of the Director and other officers
and employees of the Institute;
(h) the management of the properties of the Institute;
(i) the degrees, diplomas and other academic distinctions
and titles which may be granted by the Institute;
(j) the creation of the posts of teachers, officers and
employees of the Institute, and the appointment of persons to
such posts including the minimum qualifications requisite
thereto;
(k) the fees and other charges which may be demanded and
received by the Institute;
(l) the manner in which, and the co nditions subject to
which, provident funds and other retirement benefits may be
constituted for the employees of the Institute;
any other matter for which provisions may be made under this
Act or by regulations.
(2) The first regulations under this Act, shall be made by the
State Government by notification:
Provided that until the regulations are so made, the provi sions
of the BYE-LAWS of the Society as in force before the commencement of
this Act, as well as the regulations of the Sanjay Gandhi Post -Graduate
Institute of Medical Sciences, Lucknow in matters where the BYE-LAWS
are silent, shall mutatis mutandis continue to apply to the Institute in
so far as they are not inconsistent with the provisions of this Act.
(3) The Board may make new or additional regulations or may
amend or repeal the regulations referred to in sub -section (2) with prior
approval of the Institute.
CHAPTER-VIII
Miscellaneous
Authentica-
tion of orders
and
Instruments
35. All orders and decisions of the Institute shall be
authenticated by the signature of the Director or any other officer
authorised by the Institute in this behalf and proceeding of the
meetings of concerned authority or committee or other bodies of the
Institute shall be authenticated by the signatures of the Chairperson
and the Member-Secretary thereof.
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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015]
Acts and
proceedings
not to be
invalidated by
vacancies etc.
36. No act done or proceeding taken by the Institute or any
committee constituted under this Act, shall be questioned on the
ground merely of the ex istence of any vacancy or defect in the
constitution of the Institute or authority or any committee.
Grant of
degrees,
diplomas etc.
37. The Institute shall have powers to grant degrees, diplomas
and other academic distinctions and titles under this Act.
Withdrawal of
degree or
diploma
38. The Board may, on the recommendation of the Academic
Council, withdraw any distinction, degree, diploma or privilege
conferred on, or granted to, any person, by a resolution passed by the
majority of the members of the Board present and voting at the
meeting, if such person has been convicted by a Court of law for an
offence which in the opinion of the Board, involves moral turpitude or
if he has been guilty of gross misconduct.
Recognition of
Medical
Qualifications
granted by the
Institute
39. Subject to the provisions of the Indian Medical Council
Act, 1956 and other laws for the time being in force, degrees, diplomas
and other distinctions granted by the InsExcerpt shown. Open the full act in Lexace.