Preamble

[Translation in English of “2001-ലലെ പരരിയയാരരം ലമെഡരിക്കൽ കകയാകളേജജരം ആശജപതരിയജരം (ഭരണ നരിർവ്വഹണതരിനജകവേണരിയജള്ള കകമെയാറരം) ആക‍് റ‍്" published under the authority of the Governor.]

ACT 15 OF 2001

THE PARIYARAM MEDICAL COLLEGE AND HOSPITAL (TRANSFER FOR ADMINISTRATION) ACT, 2001*

An Act to provide for the transfer, in the public interest, the administration of the establishment of the Pariyaram Medical College and Hospital to the Academy of Medical Sciences and Co-operative Hospital Complex, Pariyaram, Kannur District, with a view to ensure the proper working of Pariyaram Medical College and Hospital and for matters connected therewith or incidental thereto:

Preamble.—WHEREAS, for the improvement of medical facilities in the northern Kerala and for establishing a Medical College at Co-operative sector, the Co-operative Hospital Complex and the Academy of Medical Sciences were established with Government participation;

AND WHEREAS, an extent of 48.1562 hectares of land comprised in R.S. No. 256/7 of Kadannappally Village in Kannur District, together with improvements thereon, was assigned by the Government to the Co-operative Hospital Complex for establishing the Pariyaram Medical College and Hospital;

AND WHEREAS, for the purpose of obtaining permission to the societies for establishing the Pariyaram Medical College from the Medical Council of India and the Central Government, the Government of Kerala have executed an undertaking that it will not takeover the management or acquire the Pariyaram Medical College after its establishment;

Received the assent of the Governor on the 17th day of December, 2001 and published in the Kerala Gazette Extraordinary No. 505 dated 19th April, 2002.

AND WHEREAS, on the basis of the said undertaking the Medical Council of India and the Central Government have granted permission to the Academy of Medical Sciences for establishing Pariyaram Medical College;

AND WHEREAS, the Academy of Medical Sciences and the Co-operative Hospital Complex have established the Pariyaram Medical College and Hospital respectively and started functioning with effect from the academic year 1994-95;

AND WHEREAS, the management of the Academy of Medical Sciences and the Co-operative Hospital Complex was taken over by the Government for a limited period under the Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management) Act, 1997 (6 of 1997) with effect from the 9th day of February, 1997;

AND WHEREAS, the period of taking over the management of the two societies by Government was due to expire on the 9th day of February, 2001;

AND WHEREAS, before the expiry of the period of taking over the management of the societies by the Government, the Pariyaram Medical College and Hospital were acquired by the Government, under the provisions of the Pariyaram Institute of Medical Sciences and Advanced Studies in Tuberculosis and Chest Diseases Ordinance, 2000 (19 of 2000);

AND WHEREAS, in order to keep alive the provisions of the said Ordinance, Ordinance numbers 12 of 2001 and 22 of 2001 were promulgated by the Governor of Kerala on the 28th day of January, 2001 and the 13th day of March, 2001, respectively;

AND WHEREAS, the Government will have to pay compensation to the societies for the transfer and vesting in Government on the basis of the market value of the establishment, determined as per the provisions of the aforesaid Ordinance;

AND WHEREAS, after the promulgation of the aforesaid Ordinance the Medical Council of India has withdrawn their recognition to the Pariyaram Medical College;

AND WHEREAS, in order to comply with the provisions of the aforesaid Ordinance, Government will have to incur unaffordable amount by way of payment of compensation to the societies and for providing the required facilities to the Pariyaram Medical College and Hospital;

AND WHEREAS, the societies have represented that they are willing to provide all the required facilities to the Medical college, as specified by the Medical Council of India, for reviving the recognition of the Medical Council of India to the said college during the current academic year of 2001-2002, if the Pariyaram Medical College and Hospital are transferred to them;

AND WHEREAS, the provisions of the aforesaid Ordinance have ceased to operate with effect from the 17th day of July, 2001 by virtue of sub-clause (a) of clause (2) of Article 213 of the Constitution of India;

AND WHEREAS, in the interest of the public and in the interest of students studying in the Pariyaram Medical College and with a view to ensuring better facilities for the medical education and medical facilities in the northern part of the State, it was decided to entrust the administration of the Pariyaram Medical College and Hospital to the societies;

BE it enacted in the fifty-second year of the Republic of India as follows:—