 the all-india in stitute of medical sciences bill, 1955(as intlloducid in lol( sabra)  the all-india institute of medical sciences bill, 1955 (as introduced in· lor: sabha) a billto provide fot tjhe establishment of an all-india institute of medical sciences be it enacted by parliament in the sixth year of the republic of india as follows:-1 (1) this act may be called the all-india institute of medical short title  and coidjdedoo sciences act, 1955 cement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint definitions 2 in this act, unless the context otherwise requires,-(a) 'fund' means the fund of the institute referred to in section 17; 10 (b) 'governing body' means the governing body of the institute; (c) 'institute' means the all·lndia institute of medical sciences established under section 3; (d) 'member' means a member of the institute; is (e) 'regulation' means a regulation made by the institute; (f) 'rule' means a rule made by the central government batablishment and incorporation of the institute 3 (1) with effect from such date as the central government may, by notification in the ollcial gazette, appoint in this behalf, there shall be established for the purposes of this act an institution to 20 be called the all-india institute of medical sciences (2) the institute shall be a body corporate by the name afore· said having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued composition 4 the institute shall consist of the following members, s of the insti· namely:-tute (a) the vice-chancellor of the delhi university, exofficio; (b) the director-general of health services, government of india, ex-officio; (c) the director of the institute, ex-ojjicio; 10 (d) two representatives of the central government to be nominated 'by that government, one from the ministry of finance and one from the ministry of education; (e) five persons of whom one shall be a non-medical scientist representing the indian science congress association, to is be nominated by the central government; (f) four representatives of the medical faculties of indian universiti~s to be nominated by the central government in the manner prescribed by rules; and (g) three members of parliament of whom two shall be 20 elected from among themselves by the members of the house of the people and one from among themselves by the members of the council of states :?r("th~r~~~~_  5 it is hereby declared that the institute shall be an institution tute as an of national importance 2s institution "c national importance term of office of, and vacancies amoili members 6 (1) save as otherwise provided in this section, the term of office of a member shall be five years from the date of his nomination or election: provided that the term of office of a member elected under clause (g) of section 4 shall come to an end as soon as he ceases to be a 30 member of the house from which he was elected (2) the term of office of an exo1jicio member shall continue so long as he holds the office in virtue of which he is such a member (3) the term of office of a member nominated or elected to fill a casual vacancy shall ~ontinue for the remainder of the term of 3' the member in whose place he is nominated or elected (4) an out-going member shall, unless the central government otherwise directs, continue in office until another person is nominated or elected as a member in his place (5) an out-going member shall be eligible for l'c-nominatiod'" 01' re-election (6) a member may resign his office by writing under his hand addressed to the central government but he shall continue in office 5 until his resignation is accepted by that government (7) the manner of filling vacancies among members shall be such as may be prescribed by rules president of the idltitute 7 (1) there shall be a president of the institute who shall be nominated by the central government from among the members 10 other than the director of the institute (2) the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribed by rules or regulations 8 the president and members shall receive such allowances, if is any, from the institute as may be prescribed by rules 9 it is hereby declared that the office of president or member shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament allowance of president andmembers office of president or member not to disqualify for membership of parlialncnt meetinas of the inlrituteo 10 the institute shall hold its first meeting at such time and 20 place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government; and thereafter the institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of busi-25 ness at its meetings as may be prescribed by regulations 11 (1) there shall be a governing body of the institute which shall be constituted by the institute from among its members in such manner as may be prescribed by regulations governinl body and other committees of the !nsritut (2) the governing body shall be the executive committee of the 30 institute and shall exercise such powers and discharge such functions as the institute may, by, regulations made in this behalf, confer or impose upon it (3) the president of the institute shall be the chairman of the governing body and as chairman thereof shall exercise such powers 53 and discharge such functions as may be prescribed by regulations (4) the procedure to be followed in the exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among, the m=bers of the· governing body shall 'be such as may· b:! prescribed by regulations (5) subject to such control and restrictions as may be prescribed by rules, the institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power s or discharging any function of the institute or for inquiring ii~to, qr reporting or advising upon, any matter which the institute may refer to them (6) a standing committee shall consist exclusively of members of the institute; but an ad hoc committee may include p~rsons who 10 are not members of the institute but the number of such persons shall not exceed one-half of its total membership (7) the chairman and members of the govemingbody and the chairman and mem'bers of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed is by regulations staff of tl-e institute 12 (1) there shall be a chief executive officer of the institute who shall be designated as the director of the institute and shall, subject to such rules as may be made by the central government in this behalf, be appointed by the institute: ao ptovided that the first director of the institute shall be appointed by the central government (2) the director shall act as the secretary to the institute as well as the governing body (3) the director sl1all exercise such powers and discharge such 2s functions as may be prescribed by regulations or as may :be delegated to him by the institute or the president of the ,institute or by the governing body or the chairman of the governing body (4) subject to such rules as may be made by the central government in this behalf, the institute may appoint such number of 30 other officers and employees as may be necessary for the (xercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees (5) the director and other officers and employees of the institute shall be entitled to such salary and allowances and shall be qoverned 35 by such conditions of service in respect of leave, pensio~, provi-'" dent fund and other matters as may be prescribecl by r'!""'ulations made in this behalf location u the institute shall be located in new delhi of lhe institute 14 the objects of the institute shall be-objects of the institute (a) to develop patterns of teaching in undergrilduate and postgraduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in india; (b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity; and (c) to attain self-sufficiency in postgraduate medical education 10 15 with a view to the promotion of the objects specified in section 14, the instit,:te may-functions of the institute (a) provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences; is (b) provide facilities for research in the various branches of such sciences; (c) provide for the teaching of humanities in the undergraduate courses; 20 (d) conduct experiments in new methods of medical education, both undergraduate and postgraduate, in order to arrive at satisfactory standards of such education; (e) prescribe courses and curricula for both undergraduate and postgraduate studies; <f) notwithsjanding anything contained in any other law for the time being in force, establish and maintain-(i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to ~undertake not only undergraduate medical education but also postgraduate mec»cal education in different subjects; (ii) one or more well-equipped hospitals; (iii) a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary; 3s (iv) a nursing college sufficiently staffed and equipped for the training of nurses; (v) rural and urban health organisations which will form centres for the field training of the medical, dental and nursing students of the institut, as well as for research into community health problems; and (vi) other institutions for the training of different types of health workers, such as, physiotherapists, occupational therapists and medical technicians of various kinds; s (g) train teachers for the different medical colleges in india; (h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate medical education as may be laid down in the regulations; 10 (i) institute, and appoint persons to, professorships, readerships, lecturerships and posts of any description in accordance with regulations; (j) receive grants from the government and gifts, donations, benefactions, bequests and transfers of properties, both is movable and immovable, from donors, benefactors, testators or transferors, as the case may be; (k) deal with any property belonging to, or vested in, the institute in any manner which is considered necessary for promoting the objects specified in section 14; 2() (1) demand and receive such fees and other charges as may be prescribed by regulations; (m) do all such other acts and things as may be necessary to further the dbjects specified in section 14 payment to' 16 the central government may, under appropriation made by 2s the institute parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functic:ms under this act fund of the 17 (1) the institute shall maintain a fund to which shall be 3() institute credited-(a) all moneys provid!d by the central government; (b) all fees and other charges received by the institute; (c) all moneys r~ceived by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and 3s (d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to ~ fund shall be deposited in such banks or invested in such'manner as the institute may, with the approval of the cent~ government, decide (s) the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 15 18 the institute shall prepare in such form and at such time budfn! of s every year as may be prescribed by rules a budget in respect of the nsutute the financial year next ensuing showing the estimated receipts and expenditure of ' the institute and shall forward to the central government such number of copies thereof as may be prescribed by rules 10 19 (1) the institute shall maintain proper accounts and other accounts relevant records and prepare an annual statement of accounts includ- and audit ing the balance-sheet in such form as the central government may by rules prescribe in consultation with the comptroller and auditor-general of india 15 (2) the accounts of the institute shall be audited by the com- ' ptroller and auditor-general 'of india and any expenditure incurred by him in connection with such audit 'shall be payable by the institute to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and any per-20 son appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the pro-25 duction of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute as well as of the institutions established and maintained by it - (4) the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him 30 in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament 20 the institute shall prepare for every year a report of its acti- annual revities during that year and submit the report to the central govern- port 35 ment in such form and on or before such date as may be prescribed by rules 21 (1) the institute shall constitute for the benefit of its officers, pension and teachers and other employees in such manner and subject to sueb j::didcdt conditions as may be prescribed by regulations, such pension and 8 40 6rovident funds as it may deem fit (2) where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, 1925, shall apply to such fund as if it xix of 192$ were a government provident fund authcntica-%2 all orders and decisions of the institute shall be authenticat-s tion of the ed by the signature of the president or any other member authorised :::,sme:sd by the institute in this behalf and all other instru~ents shall be of the authenticated by the signature of the director or any other officer institute of the institute authorised in like manner in this behalf 10 acta and 23 no act done or proceeding taken by the institute, governing :~:is body or any standing or ad hoc committee under this act shall be invalidate~ questioned on the ground merely of the existence of any vacancy in, ~i/acanaes> or defect in the constitution of, the institute, governing body or such staoding or ad hoc committee recoanition 24 notwithstanding anything contained in the indian medical is o!-amedi~ council act, 1933, the medical degrees and diplomas granted by the xxvii of :rnted"b';a institute under this act shall pe -recognised medical qualifications 1933 the' institute for the purposes of that act and shall be deemed to be included in the first schedule to that act  grant of 25, notwithstanding anything contained in any other law for 20 medical ~-the time being in force, the institute shall have power to grant me-fa:";, ett dical degrees, diplomas and other academic distinctions and titles biy ~e 'under this act deutute control by 26 the institute shall carry out such directions as may be issued central go- to it from time to time by the central government for the efficient 25 vemmcnt administration of this act - disputes be-27 if, in, or in connection with, the exercise of its powers and r::ti~t~::d discharge of its functions by the institute under this act, any dis· the central pute arises between the institute and the central government, the government decision of the central government on such dispute shall be final 30 returns and 28 the institute shall furnish to the central government such information reports, returns and other information as that government may require from time to time power to 29 (1) the central government, after consultation with the in· mate rules btitute, may, by notification in the official gazette, make rules to 35 carry out the purposes of this act: provided that consultation with the institute shall not be necessary on the first occasion of the making of rules llnder this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendme~ 40 of such rules after they are made (2) in particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-(a) the manner of nomination of members under clause (f) of section 4: (b) the control and restrictions in relation to the constitution of standing and ad hoc-committees under sub-section (5) of section 11 ;  10 (c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of the institute: (d) powers and functions to be exercised and discharged by  the president of the institute: (e) allowances, if any, to be paid to the president and members of the institute: (f) number of officers and employees that may be appointed by the institute and the manner of such appointment; to (g) the form in which and the time at which the budget and reports shall be prepared by the institute and the number of copies thereof to be forwarded to the central government; (h) the form and manner in which returns and information are to be furnished by the institute to the central govment; (i) any other matter which has to be or may be })rescribed by 1'\1les (3) all rules made under this section shall, as soon as may be after they are made, be laid before both houses of parliament 30 (1) the institute may, with the previous approval of the power to central government, make regulations consistent 'with this act and make reitu 30 the rules made thereunder to carry out the purposes of this act, and imuns without prejudice to the generality of this power, such regulations may provide for-(a) the summoning and holding of meetings other than the first meeting, of the institute, the time and place where 35 such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum: (b) the manner of constituting the governing body and standing and ad hoc committees, the term of office of, and 40 the manner of filling vacancies among, the members of, the governing body and standing and ad hoc committees: (c) the powers and functions to be exercised and discharged by the president of the instit4te and the chairman of the governing body;  (d) the allowances, if any, to be paid to the chairman and the members of the gov'~ning body and of standing and 5 ad hoc committees; { , (e) the procedure to be followed by the governing body and standing and ad hoc committees in the conduct of their business, exerdse of their powers and discharge of their functions; io (f) the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institutf> including teachers appointed by the ijl~titute; (g) the po~ts and duties of the chairman of the governing 15 body; (h) the powers and duties of the director and other officers and employee~ of the institute; (i) the management of the properties of the institute; (j) the degrees, diplomas and other academic distinctions and 20 titles which may be granted by the institute; (k) the professorships, readerships, lecturership's and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts; 2s (l) the fees and other charges which may be demanded and received by the institute; (m) the manner in which and the conditions subject to which pension and provident funds may be constituted for the ·benefit of officers, teachers and other employees 30 of the institute; (n) any other matter for which under this act provisions may be made by regulations (2) until the institute is established under this act, any regulation which may be made under sub-section (1) may be made by the 3~ central government; and any regulation so made may be altered or rescinded by the institute in exercise of· its powers under suhsection (1)  statement of objects and reasonsfor improving professional l'''1npetence among medical practitioners, it is neces~ry to place ~1 nigh standard of medical education, both postgraduate and undergraduate, before all medical colleges and other allied institutions in the country similarly, for the promotion of medical research, it is necessary that the country should attain self-sufficiency in postgraduate medical education these objectives are hardly capable of realisation unless facilities of a very high orger for both undergraduate and postgraduate medical education and research are provided by a central authority in one place the bill seeks to achieve these ends by the establishment 'in new delhi of an institution under the nat""o of the all-india institute of medical sciences the institute will- ievelop patterns of teaching in undergraduate and postgraduate medical educatiun in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions, will provide facilities of a high order for training of personnel in all important branches of health activities and also for medical research in its various aspects the institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933 amrit kaur new delhi; the 3rd september 1955  the bill contemplates the establishment of an all-india institute of medical sciences as a body corporate the institute will establish and maintain one or more medical colleges, one or more well-equipped hospitals, a dental college, a nursing college, rural and urban health organisations and other institutions for the training of different types of health workers finances required by the institutions for the exercise of its powers and discharge of its functions shall be payable by th~ central government in the shape of grants-in-aid each year at this stage it is not possible to frame an accurate estimate of the manpower, the equipment, etc, needed to enable the in· stitute to exercise all the powers and discharge all its functions under the provisions of the bill the exact amount which will be needed by the institute for these purposes can be properly determined only after the various constituents of the institute are established 2 for the year 1955-56, the following amounts have been provided in the demands indicated below:-|                         | demand                        | no     | 47-medical    | services for equip-   ||-------------------------|-------------------------------|---------|---------------|-----------------------|| ment                    | and                           | meeting | recurring     | ex-                   || penses                 | rs                           |         |               |                       || 42·68                   | lakhs                        |         |               |                       || demand                  |                               |         |               |                       || no                     | 136--new delhi capital outlay |         |               |                       || for construction works |                               |         |               |                       || rs                     | 27·00                         | lakhs  |               |                       || rs                     |                               |         |               |                       || 69'68 lakhs            |                               |         |               |                       |3 funds to be made available in respect of subsequent years will vary and will be determined from time to time 4 the institute has been empowered to receive grants, gifts, donations, benefactions, bequests or transfers from private bodies or individuals· 5 all moneys placed at the disposal of the institute will constitute the "fund" of the institute un-utilised amounts in the "fund" of the institute at the end of the year will not lapse, but shall be taken into account in making funds available to the institute in respect of the subsequent year clause 29 of the bill empowers the central government to make after consultation with the institute, rules by notification in the omcia! gazette to carry out the pufposes of the act the matters in respect of which such rules may be made are specified therein these matters relate to the manner of nomination of representatives of the medical faculties of the indian universities as members of the institute; control and restrictions in relation to the constitution of standing and ad hoc committees; terms and conditions of service of members of the institute; po~ers and functions of the president of the institute; allowances of the president and members of the institute; number of officers and employees that may be appointed by the institute and the manner of such appointment, etc it is not possible at this stage to provide for these matters specifically in the act the bill, however, prescribes that all such rules shall, as soon as may be, after they are made, be laid before both houses of parliament· 2 clause 30 of the bill empowers the institute to make, with the previous approval of the central government, regulations consistent with the provisions of this act and the rules made thereunder the matters in respect of which such regulations may be made are specified therein these matters relate to the procedure for conducting business at meetings other than the first meeting of the institute; the manner of constituting the governing body and standing and ad hoc committees; powers and functions of the president of the institute and chainnan of the governing body; the allowances of the chairman and the members of the governing body and ot standing and ad hoc committees; the terms and conditions of service of the director and other offtcers of the institute, etc the institute has also been empowered to make regulations prescribing the degrees, diplomas and other academic distinctions and titles in undergraduate and post· graduate medical education that it will grant such regulations can only be made later 3, the delegated'legislation is of a character normal to such acts   l  a billto provide for the establishmcot of an all  lndja institute of medical sciences ; :  the president has, in pursuance of clause (3) of 1ii1icie rt7 of the constitution of india, recommended to lot sabha the, consideration of the bill m nkaui  , 8saettjrjl (rajkumari amrit kaur, minister of health) gipd-lad-9 sl ls-16-9-ss-i,7s0 "  