Science & Technology Policy
THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM, ACT, 1980


Act No. of Year: NO. 52 OF 1980

Enactment Date: [3rd December, 1980.]

Act Objective: An Act to declare the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, to be an institution of national importance and to provide for its incorporation and matters connected therewith. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: - 




1. Short title and commencement. (1) This Act may be called the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, Act, 1980.

(2) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint.


2.Declaration of the Sree Chitra Tirunal medical Centre Society for Advanced Studies in Specialities, Trivandrum,as an institution of national importance. Whereas the objects of the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, are such as to make the institution one of national importance, it is hereby declared that the institution, known as the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, is an institution of national importance.


3.Definition. In this Act, unless the context otherwise requires,-

(a) "Chairman" means the Chairman of the Governing Body;

(b) "Director" means the Director of the Institute;

(c) "Fund" means the Fund of the Institute referred to in section 16;

(d) "Governing Body" means the Governing Body of the Institute;

(e) "Institute" means the institution known as the Sree Chitra Tirunal Institute for Medical Sciences and Technology Trivandrum, incorporated under this Act;

(f) "member" means a member of the Institute;

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1-3-1981: Vide notification. No. G.S.R 254, dt. 17-2-1981, Gaz of
India, Pt-II, Sec 3(i)
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(g) "President" means the President of the Institute;

(h) "regulation" means, a regulation made by the Institute;

(i) "rule" means a rule made by the Central Government.


4.Incorporation of institute. The Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, is hereby constituted a body corporate by the name of Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, and as such
body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold  and dispose of property and to contract, and shall, by that name, sue and be sued.



5.Composition of institute. The Institute shall consist of the following members, namely:-

(a) the Vice-Chancellor of the Kerala University, ex-officio;

(b) the Director-General of Health Services, Government of India, ex officio ;

(e) the Director, ex-officio ;

(d) four members to be nominated by the Central Government to represent respectively the Departments or, as the case may be, Ministries of that Government dealing with Science and Technology, Health, Finance and Education;

(e) two members to be nominated by the Government of the State of Kerala to represent respectively the Departments or, as the case may be, Ministries of that Government dealing with Planning, Science and Technology and Health;

(f) three scientists of whom two shall be medical scientists and one shall be a social scientist, to be nominated by the Central Government in the manner prescribed by rules;

(g) three scientists representing engineering and technology to be nominated by the Central Government in the manner prescribed by rules;

(h) the Head of the Biomedical Technology Wing of the Institute, ex officio;

(i) three representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; and

(j) three members of Parliament of whom two shall be 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.



6.Term of office of and vacancies among members. (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.

(2) The term of office of a member elected under clause (j) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was elected.

(3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member.

(4) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected.

(5) An outgoing member other than a member elected under clause (j) of section 5 shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a  member in his place.

(6) An outgoing member shall be eligible for re-nomination or re election.

(7) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government.

(8) The manner of filling vacancies among members shall be such as may be prescribed by rules.


 
7.President of institute. (1) There shall be a President of the Institute who shall be nominated by the Central Government from among the members other than the Director.

(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.Allowances of President and members. The President and other members shall receive such allowances, if any, from the Institute as may be prescribed by rules.



9.Meeting of Institute. The Institute shall hold its first meeting at such time and 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 business at its meetings as may be prescribed by regulations.


10.Governing Body and Other committees of Institute. (1) There shall be a Governing Body of the Institute which shall be constituted by the Institute in such manner as may be prescribed by regulations:

Provided that the number of persons who are not members of the Institute shall not exceed one-third of the total membership of the Governing Body.

(2) The Governing Body shall be the Executive Committee of the 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 shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers 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 members of the Governing Body shall be such as may be 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 or discharging any function of the Institute or for inquiring into, or reporting or advising upon, any matter which the Institute may refer to them.


(6) The Chairman and members of the Governing Body and Chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations.

11.Staff of Institute. (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 in this behalf, be appointed by the Institute:

Provided 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 shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President or by the Governing Body or the Chairman.

(4) Subject to such rules as may be made in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other
officers and employees.

(5) Subject to such rules as may be made in this behalf, the Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, gratuity, provident fund and other matters as may be prescribed by regulations made in this behalf.



12.Objects of Institute. The objects of the Institute shall be- 

(a) to promote biomedical engineering and technology;

(b) to provide and demonstrate high standards of patient care in advanced medical specialities; and

(c) to develop post-graduate training programmes of the highest quality in advanced medical specialities and biomedical engineering and technology.



13.Functions of Institute. With a view to the promotion of the objects specified in section 12, the Institute may-

(a) provide for post-graduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences ;

(b) provide facilities for research in the various branches of such sciences ;

(c) conduct experiments in integrated methods of post- graduate medical and technological education in order to arrive at satisfactory standards of such education  ;

(d) prescribe courses and curricula for post-graduate studies;

(e) provide for post-graduate teaching and training in biomedical sciences and technology ;

(f) notwithstanding anything contained in any other law for the time being in force, establish and maintain-

(i) one or more well equipped hospitals, and

(ii) one or more centres for research and development in biomedical technology;


(g) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in post- graduate medical education and biomedical technology as
may be laid down in the regulations;

(h) institute and appoint persons to professorships, readerships, lecturerships and posts of any description in accordance with the regulations;

(i) receive grants from the Governments and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be ;

(j) 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 l2;

(k) demand and receive such fees and other charges as may be prescribed by regulations; and

(l) do all other acts and things as may be necessary to  further the objects specified in section 12




14.Vesting of property. All properties which had vested in the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, immediately before the commencement of this Act, shall, on and from such commencement, vest in the Institute.



15.Payment to Institute, The Central Government may, after due appropriation made by 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 functions under this Act.



16.Fund of Institute. (1) The Institute shall maintain a Fund to which shall be credited-

(a) all moneys provided by the Central Government and the Government of Kerala;

(b) all fees and other charges received by the Institute

(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and

(d) 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 such banks or invested in such manner as the Institute may, with the approval of the Central 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 discharge of its functions under section 13.


17.Budget of Institute. The Institute shall prepare, in such form and at such time every year, as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Institute and shall forward to the
Central Government such number of copies thereof as may be prescribed by rules.


 
18.Account and audit. (1) The Institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance-sheet in such form as the Central Government may, by rules, prescribe, and in accordance with such
general directions as may be issued by that Government, in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the Institute shall be audited by the Comptroller 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 person 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 production 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 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.


19.Annual report. The Institute shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be  prescribed by rules and a copy of the report shall be laid, as soon  as may be after it is received, before both Houses of Parliament.



20.Pension and provident funds. (1) The Institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident 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, (19 of 1925) shall apply to such fund  as if it were a Government Provident Fund.