Rajasthan Institute of Medical Sciences, Jaipur Act, 2025
Rajasthan Institute of Medical Sciences, Jaipur Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Rajasthan Institute of Medical Sciences, Jaipur Act, 2025.
- (2) It extends to the whole of the State of Rajasthan.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,-
- (a) “Director” means the Director of the Institute appointed under section 10;
- (b) “Fund” means the Fund of the Institute referred to in section 26;
- (c) “Governing Body” means the Governing Body of the Institute constituted under section 16;
- (d) “Government” means the Government of the State of Rajasthan;
- (e) “Institute” means the institution known as the Rajasthan Institute of Medical Sciences, Jaipur, incorporated under this Act;
- (f) “member” means a member of the Institute;
- (g) “prescribed” means prescribed by rules made under this Act;
- (h) “President” means the President of the Institute referred to in section 9;
- (i) “regulations” means regulations made under this Act;
- (j) “Search and Selection Committee” means the committee constituted under sub-section (1) of section 10;
- (k) “Secretary In-charge” means the Secretary to the Government In-charge of a department and includes an Additional Chief Secretary or a Principal Secretary when he is in charge of a department;
- (l) “State” means the State of Rajasthan;
- (m) “teacher” includes a Senior Professor, Professor, Additional Professor, Associate Professor, Assistant Professor, Lecturer or any person appointed under this Act, for the conduct of training, research, or imparting medical, paramedical, nursing or other education in the Institute.
3. Establishment of the Institute
The Rajasthan Institute of Medical Sciences (RIMS), Jaipur is hereby established a body corporate under the aforesaid name and as such a body corporate, it shall function as a University established under a State Act and 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.
4. Members of the Institute
The Institute shall consist of the following members, namely:-
- (a) the Chief Secretary to the Government, - ex-officio;
- (b) the Secretary In-charge to the Government in Medical Education Department, - ex-officio;
- (c) the Secretary In-charge to the Government in Finance Department, - ex-officio;
- (d) the Vice-Chancellor of the Rajasthan University of Health Sciences, Jaipur, - ex-officio;
- (e) the Commissioner, Medical Education Department, Government of Rajasthan, - ex-officio;
- (f) the Director of the Institute, - ex-officio;
- (g) the Director (Public Health), Medical and Health Department, Government of Rajasthan, - ex-officio;
- (h) one member of State Legislative Assembly to be nominated by the Government;
- (i) the Director General, Indian Council of Medical Research or his representative not below the rank of Additional Director General;
- (j) the Director, All-India Institute of Medical Sciences, Delhi or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (k) the Director, Postgraduate Institute of Medical Education and Research, Chandigarh or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (l) the Director, Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (m) the Director, Indian Institute of Science, Bengaluru or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (n) the Director, Indian Institute of Management, Udaipur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (o) the Director, Indian Institute of Technology, Jodhpur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (p) the President, IIHMR University, Jaipur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (q) all Deans of the Institute – ex-officio; and
- (r) a maximum of two members who are persons of eminence in the field of medical sciences shall be selected by the Search and Selection Committee through a process as may be prescribed.
5. Term of the members
- (1) Save as otherwise provided in this section, the term of a member, other than an ex-officio member, shall be five years from the date of selection.
- (2) The term of office of a member nominated under clause (h) of section 4 shall come to an end as soon as he ceases to be a member of the State Legislative Assembly.
- (3) The term of office of an ex-officio member shall continue so long as he holds office by virtue of which he is such a member.
- (4) The term of office of a member nominated or selected to fill a casual vacancy shall continue for the remainder of the term of a member in whose place he is nominated or selected.
- (5) An outgoing member other than a member nominated under clause (h) of section 4 shall continue in office until another person is selected as a member in his place or for a period of three months, whichever is earlier.
- (6) An outgoing member shall be eligible for re-selection.
- (7) A member may resign by writing under his hand addressed to the Government, but he shall continue in his office until his resignation is accepted by the Government.
6. Meetings of the Institute
The Institute shall meet at such time and place, as the President may from time to time determine, and shall observe such procedure in regard to the transaction of business at such meetings as may be laid down in the regulations: Provided that the Institute shall meet at least once in every year:
7. Provided further that the Institute shall observe at its first meeting such procedure in regard to the transaction of business as the State Government may, by order, specify.
Objects of the Institute The objects of the Institute shall be,-
- (a) to create a centre of excellence for providing medical care, educational and research facilities of highest order in the field of medical sciences in all specialities;
- (b) to develop patterns of teaching at various levels of medical education to set a high standard of medical education;
- (c) to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity;
- (d) to attain self-sufficiency in postgraduate medical education to meet the State’s needs for specialists and medical teachers;
- (e) to focus on integrative medicine strategy to find evidence for complementary solutions for better outcomes at clinical and public health levels; and
- (f) to develop research facilities to solve the health issues of Rajasthan State.
8. Powers and Functions of the Institute
With a view to promoting the objects specified in section 7, the Institute shall,-
- (a) function as a quaternary referral hospital;
- (b) provide for exclusive postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences;
- (c) provide facilities for research in various branches of medical sciences including Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH);
- (d) provide for the teaching of humanities and social sciences;
- (e) conduct experiments in new methods of medical education in order to arrive at satisfactory standards of such education;
- (f) specify courses and curricula for various levels of medical education;
- (g) subject to the provisions in any other law for the time being in force regarding regulating the higher studies in professional courses, establish and maintain-
- (i) medical college with different departments, sufficiently staffed and equipped to undertake medical 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,
- (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 Institute 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, pharmacists, drug analysts and medical technicians of various kinds;
- (h) train teachers from different medical colleges in Rajasthan;
- (i) hold examinations and grant such degrees, diplomas and other academic distinctions, honorary degrees, awards, prizes, and titles in medical education as may be laid down in the regulations;
- (j) appoint teachers, officers and other employees of any description in accordance with regulations;
- (k) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;
- (l) manage with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 7;
- (m) demand and receive such fees and other charges as may be specified by the regulations;
- (n) provide free treatment to the eligible patients as per the policies of the Government;
- (o) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;
- (p) borrow money, with the prior approval of the Government, on the security of the property of the Institute;
- (q) innovate in protocols of treatment of various diseases at primary, secondary and tertiary levels and help improve quality of treatment in various medical institutions of the State Government; and
- (r) do all such other acts and things as may be necessary to further the objects specified in section 7.
9. The President
- (1) The Chief Secretary to the Government shall be the President of the Institute and shall also be Chairman of the Governing Body.
- (2) The President shall, when present, preside at the meetings of the Institute and shall have the following powers and functions, namely:-
- (a) to ensure that the administration of the affairs of the Institute are conducted in accordance with this Act and the rules and regulations made thereunder and to take such steps, as he deems fit, for the achievement of this object;
- (b) to call for such information or records relating to the administration of the affairs of the Institute, as he thinks fit;
- (c) to exercise such other powers and perform such other duties as are assigned to him by this Act or as may be prescribed by the rules or laid down in the regulations.
10. Director of the Institute
- (1) There shall be a Director of the Institute who shall be appointed by the Government on the recommendation of the Search and Selection Committee consisting of the following members, namely:-
- (a) the President of the Institute;
- (b) the Director, All India Institute of Medical Sciences, Delhi;
- (c) the Director, Jawaharlal Institute of Post-Graduate Medical Education and Research (JIPMER), Puducherry;
- (d) the Director, Indian Institute of Technology, Bombay;
- (e) the Director, Post-Graduate Institute of Medical Education and Research (PGIMER), Chandigarh;
- (f) the Vice-Chancellor, Rajasthan University of Health Sciences, Jaipur;
- (g) the Secretary In-charge to the Government in Medical Education Department, who shall also be the convener of the committee.
- (2) The Search and Selection Committee shall forward to the Government, the panel of three names prepared by it, together with a concise statement showing the academic qualifications and other distinctions of each of the persons included in such panel.
- (3) The Government shall appoint the Director out of the panel of names submitted under sub-section (2).
- (4) No person shall be eligible to be appointed as Director unless he or she is, a distinguished academician in the field of healthcare, medical education and research having a minimum seven years’ experience as a professor in an institute of National Importance in medical education or Armed Forces Medical College or this Institute and also having the following qualification and experience-
- (a) MBBS with postgraduate qualification in Medicine or Surgery or Public Health and their branches,
- (b) At least one year of extensive practical and administrative experience in the field of healthcare, medical research and medical education in an academic setting. For this the following types of work experience will be counted as relevant experience against this criterion:-
- (i) Head of the Institute;
- (ii) Head of Department;
- (iii) Dean;
- (iv) Additional Principal / Sub-Dean;
- (v) Medical Superintendent;
- (vi) Experience similar to above. Explanation.- The similarity of the experience shall be decided by the Search and Selection Committee constituted under sub-section (1).
- (5) The Director shall act as the Member-Secretary to the Institute as well as the Governing Body.
- (6) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-seven years, whichever is earlier: Provided that the term of the Director, appointed on deputation, shall be three years which can be extended upto five years or upto attaining the age of sixty-seven years whichever is earlier: Provided further that, if a person having prior experience to head a similar type of institute of national importance, is selected for the post of the Director, the Governing Body may relax the maximum age limit of sixty-seven years upto seventy years within the limit of the total tenure of five years.
- (7) The first Director of the Institute may be appointed by the Government without following the procedure as laid down in sub-section (1) to (3).
- (8) Where a vacancy in the office of the Director occurs and it cannot be conveniently and expeditiously filled in accordance with the provision of sub-section (1) to (3) or there is any other emergency, the Government may appoint any suitable person to be the Director and may, from time to time, extend the term of an appointment under this sub-section, so, however, that the total term of such appointment, including the term fixed in the original order shall not exceed one year.
- (9) The conditions of service of the Director, including salary, perks, allowances, leave, pension and provident fund, admissible to him, shall be such as may be prescribed, and until so prescribed shall be determined by the Government.
11. Removal of the Director
- (1) Notwithstanding anything contained in this Act, if at any time on the report of inspection conducted under this Act or the report of the President or otherwise, it is found that the Director wilfully omits or refuses to carry out the provisions of this Act or abuses the power vested in him or appears that the continuance of the Director in office is detrimental to the interest of the Institute, the Government may, after making such inquiry as it deems proper, by an order, remove the Director: Provided that the Government may, at any time before making such order, place the Director under suspension, pending inquiry: Provided further that no such order shall be made unless the Director has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
- (2) During the pendency or in contemplation, of any inquiry referred to in sub-section (1) the Government may order that till further orders-
- (a) such Director shall refrain from performing the function of the office of the Director, but shall continue to get the emoluments to which he was otherwise entitled;
- (b) the functions of the office of the Director shall be performed by the person specified in the order.
12. Powers and Duties of the Director
- (1) The Director shall be the Chief Executive and Academic Officer of the Institute.
- (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Director shall-
- (a) exercise general supervision and control over the affairs of the Institute;
- (b) ensure implementation of the decisions of the authorities of the Institute;
- (c) be responsible for the imparting of instruction and maintenance of discipline in the Institute.
- (3) Where any matter is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or authority or other body 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 inform to the officer, authority or other body who or which, in the ordinary course, would have dealt with the matter: Provided that if such officer, authority or other body is of opinion that such action ought not to have been taken by the Director, it may refer the matter to the Governing Body that may either confirm the action taken by the Director or annul the same or modify it in such manner, as it 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 modifications, as is referred to in the last preceding proviso shall be without prejudice to the validity of anything previously done by or under the order of the Director.
- (4) Where the exercise of the power by the Director under sub-section (3) involves the appointment of any person, such appointment shall terminate on the appointment being made in accordance with the provisions of this Act or on the expiration of a period of six months from the date of the order of the Director, whichever is earlier.
- (5) The Director shall exercise such other powers and perform such other duties as may be assigned to him by or under this Act or as may be delegated to him by the Institute or the President or the Governing Body.
13. Associate Director
- (1) There shall be an Associate Director for the Institute.
- (2) The Associate Director shall be appointed on deputation by the Government through a selection process as may be prescribed.
- (3) In accordance with the selection process, the Secretary In-charge of Medical Education Department shall forward a panel of three names of the officers belonging to the Indian Administrative Service or Central Civil Services or Armed Forces or the Rajasthan Administrative Service, respectively of the ranks as may be prescribed. Associate Director shall be appointed on deputation by the Government from the panel of names so submitted.
- (4) The remuneration and allowances of the Associate Director shall be paid by the Institute. The term of the Associate Director shall be three years which can be extended upto five years by the Government on the recommendation of the Institute.
- (5) The maximum age limit for appointment by deputation shall not exceed 55 years.
- (6) Under the administrative control of the Director, the Associate Director shall be responsible for the general administration of the Institute.
- (7) The Associate Director shall have such other powers and functions as may be prescribed.
14. Finance Officer
- (1) There shall be a Finance Officer for the Institute, who shall be appointed by the State Government on deputation from amongst the officers of the Rajasthan Accounts Service, and his remuneration and allowances, if any, shall be paid by the Institute.
- (2) The Finance Officer shall be responsible for presenting the budget and statement of accounts to the Governing Body.
- (3) The Finance Officer shall have the duty-
- (a) to ensure that no expenditure not authorised in the budget is incurred by the Institute;
- (b) to disallow any proposed expenditure which may contravene the provisions of this Act or the rules made thereunder;
- (c) to ensure that no financial irregularity is committed and to take steps to set right any irregularity pointed out during audit;
- (d) to ensure that the property and investments of the Institute are duly preserved and managed.
- (4) The Finance Officer 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) The Finance Officer shall have such other powers and functions as may be prescribed.
- (6) The Finance Officer shall be subject to the administrative control of the Director.
15. Teachers, Other officers and employees of the Institute
- (1) Subject to such rules as may be prescribed the Institute may appoint such number of teachers, officers and other 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 teachers, other officers and employees.
- (2) Subject to such rules as may be prescribed, the teachers, officers and other employees of the Institute shall be entitled to such salary, perks and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed.
- (3) Private practice or coaching of any kind shall not be allowed to the teachers, officers and other employees of the Institute.
- (4) No person shall be appointed as a teacher of the Institute unless he fulfils the qualifications laid down in the regulations in this behalf, and is recommended for such appointment by a Selection Committee constituted by the Institute consisting of the following members-
- (a) Director of All India Institute of Medical Sciences (AIIMS), New Delhi, or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor shall be the Chairperson;
- (b) Director of the Indian Institute of Technology (IIT), Bombay or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (c) Director of the Post-Graduate Institute of Medical Education and Research (PGIMER), Chandigarh or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (d) Director of the Tata Memorial Centre, Mumbai or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (e) the Director who shall be the Member-Secretary;
- (f) two experts of the same subject who will be from an institute situated outside Rajasthan to be nominated by the Governing Body.
- (5) The Selection Committee shall follow such procedure as may be prescribed by the rules or laid down in the regulations.
- (6) No recommendation made by the Selection Committee shall be considered to be valid unless it is supported by a majority of the members present. The quorum of the Committee shall be two-thirds of the total members.
- (7) The provisions of the Rajasthan Universities’ Teachers and Officers (Selection for Appointment) Act, 1974 (Act No. 18 of 1974), shall not be applicable on the selections of the Teachers and officers of the Institute.
16. Governing Body
There shall be a Governing Body consisting of the following members, namely:-
- (1) the President;
- (2) the Secretary In-charge to the Government in the Department of Medical Education, who shall also be the Vice-President of the Institute and Vice-Chairman of the Governing Body and shall chair the meeting of the Governing Body in the absence of the President;
- (3) the Director of the Institute;
- (4) the Secretary In-charge to the Government in Finance Department or his representative not below the rank of Joint Secretary;
- (5) the Commissioner, Medical Education Department, Government of Rajasthan;
- (6) the Director, All India Institute of Medical Sciences, Delhi or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (7) the Director, All India Institute of Medical Sciences, Jodhpur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (8) the Director, Indian Institute of Management, Udaipur, or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (9) the Director, Tata Memorial Centre, Mumbai or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (10) the Director, Indian Institute of Science, Bengaluru or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (11) the President, IIHMR University, Jaipur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (12) the Director of Indian Institute of Technology, Jodhpur or his duly authorised representative, provided that the representative holds the rank of Professor and has not less than seven years of experience as a professor;
- (13) the Director (Public Health), Medical and Health Department, Government of Rajasthan;
- (14) the Vice-Chancellor, Rajasthan University of Health Sciences;
- (15) all Deans of the Institute -ex-officio; and
- (16) one member of junior level faculty of the Institute, to be nominated by the President.
17. Functions of the Governing Body
- (1) Governing Body shall be the executive committee of the Institute.
- (2) Subject to the provisions of this Act the Governing Body shall be responsible for the general supervision, direction and control of the affairs of the Institute.
- (3) Without prejudice to the generality of the provisions of sub-section (1), the Governing Body-
- (a) shall take steps for achieving the objectives of the Institute;
- (b) shall take steps for implementation of the decisions of the Institute relating to the administration of the affairs and working of the Institute;
- (c) shall institute courses of study at the Institute and take decisions on all academic matters including matters relating to the examinations conducted by the Institute;
- (d) shall hold, control and administer the property and funds of the Institute;
- (e) may acquire or transfer any movable or immovable property on behalf of the Institute;
- (f) shall administer any funds placed at the disposal of the Institute for specific purposes;
- (g) may create or abolish posts of teachers and other officers and employees according to the provisions of this Act and rules made thereunder;
- (h) shall manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the Institute and for that purpose appoint such agent as it may think fit;
- (i) may invest the money belonging to the Institute in such stocks, funds, shares or securities as it may from time to time think fit;
- (j) may enter into, vary, carry out and cancel contracts on behalf of the Institute;
- (k) may regulate and determine all other matters concerning the Institute in accordance with the provisions of this Act and the rules and regulations made thereunder;
- (l) may delegate any of its powers to a committee or the Director or to any officer of the Institute; and
- (m) may cooperate with other Institutions, Universities and other authorities in such manner and for such purpose as it may determine.
18. Finance Committee
- (1) The Finance Committee shall consist of:-
- (a) the Director, who shall also be the Chairman of the Committee;
- (b) the Secretary In-charge to the Government in the Department of Medical Education or his nominee not below the rank of Joint Secretary;
- (c) the Secretary In-charge to the Government in the Department of Finance, or his nominee not below the rank of Joint Secretary;
- (d) two persons to be nominated by the Governing Body from its members as referred to in subsection (6) to (12) of section 16;
- (e) the Finance Officer of the Institute, who shall also be the Secretary of the Committee.
- (2) The Finance Committee shall advise the Governing Body on matters relating to the administration of property and funds of the Institute, including limits for and 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 duties as may be prescribed.
19. Other Committees
- (1) Subject to such control and restrictions as may be prescribed, 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.
- (2) A Standing Committee shall consist exclusively of members of the Institute, but an ad hoc committee may include persons who are not members of the Institute but the number of such persons shall not exceed one-half of its total membership.
20. Allowances to the President and the Members of the Institute and the Chairman and members of Committees
The President and other members of the Institute and Chairman and members of a Standing Committee or an ad hoc committee shall receive such allowances, from the Institute as may be prescribed.
21. Vesting of RUHS College of Medical Sciences and Hospitals attached thereto
- (1) Notwithstanding anything contained in the Rajasthan University of Health Sciences Act, 2005 (Act No. 1 of 2005), the RUHS College of Medical Sciences and hospitals attached thereto together with,-
- (a) all lands on which the RUHS College of Medical Sciences and hospitals attached thereto stands, and all other lands appurtenant thereto and all buildings, erections and fixtures on such lands;
- (b) all furniture, equipment, stores, apparatus and appliances, drugs, moneys and other assets of the RUHS College of Medical Sciences and hospitals attached thereto;
- (c) all other properties and assets, movable and immovable including leases pertaining to the RUHS College of Medical Sciences and hospitals attached thereto, cash balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising out of, such property as were, immediately before the said commencement in the ownership, possession, power or control of any person in charge of the management of the affairs of the RUHS College of Medical Sciences and hospitals attached thereto; and
- (d) all borrowings made or contracts entered into by or on behalf of and all other liabilities and obligations of whatever kind, incurred in relation to the RUHS College of Medical Sciences and hospitals attached thereto and subsisting, shall stand transferred to and shall vest absolutely in the Institute established under section 3 of this Act.
- (2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to in sub-section (1), shall as from the commencement of this Act be construed as if it were made or executed in favour of the Institute.
- (3) On commencement of this Act, every person who is employed in the RUHS College of Medical Sciences and Hospitals attached thereto, shall be deemed on deputation without deputation allowance, until his deputation is cancelled by the appointing authority of that employee or until he becomes an employee of the Institute according to the provisions of this Act.
- (4) Subject to the provisions of this Act, every person who after selection through regular recruitment process is employed in the RUHS College of Medical Sciences and Hospitals attached thereto immediately before the commencement of this Act and is not a government servant, shall exercise an option within six months from the commencement of this Act, whether he/she wants to be absorbed in the Government.
- (5) A person who exercises option under sub-section (4) for absorption in Government, on being found suitable after screening by a Screening Committee constituted by the Government, shall be a member of service under Rajasthan Medical Services (Collegiate Branch) Rules, 1962 or any other service rules, as the case may be, and other service rules of the Government as may be applicable shall apply, but his salary as received by him from past employer and past services shall be protected and his seniority on the basis of the regular service, shall be determined by the Government on the recommendation of the Screening Committee.
22. Vesting of the State Cancer Institute, Jaipur
- (1) The State Cancer Institute, Jaipur together with,-
- (a) all lands on which the State Cancer Institute, Jaipur stands, and all other lands appurtenant thereto and all buildings, erections and fixtures on such lands;
- (b) all furniture, equipment, stores, apparatus and appliances, drugs, moneys and other assets of the State Cancer Institute, Jaipur;
- (c) all other properties and assets, movable and immovable including leases pertaining to the State Cancer Institute, Jaipur, cash balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising out of, such property as were, immediately before the said commencement in the ownership, possession, power or control of any person in charge of the management of the affairs of the State Cancer Institute, Jaipur; and
- (d) all borrowings made or contracts entered into by or on behalf of and all other liabilities and obligations of whatever kind, incurred in relation to the State Cancer Institute, Jaipur and subsisting, shall stand transferred to and shall vest absolutely in the Institute established under section 3 of this Act.
- (2) Every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to in sub-section (1), shall as from the commencement of this Act be construed as if it were made or executed in favour of the Institute.
- (3) On commencement of this Act, every person who is employed in the State Cancer Institute shall be deemed on deputation without deputation allowance, until his deputation is cancelled by the concerned appointing authority or until he becomes an employee of the Institute according to the provisions of this Act.
23. Grant of Degrees, Diplomas etc. by the Institute
Notwithstanding anything contained in any other law for the time being in force the Institute shall have power to grant degrees, diplomas and other academic distinctions, honorary degrees and titles under this Act.
24. Recognition of Medical Qualifications granted by the Institute
Subject to the provisions of the National Medical Commission Act, 2019, the medical degrees and diplomas granted by the Institute under this Act shall be recognised medical qualifications for the purposes of that Act.
25. Payment to the Institute
The Government may, after due appropriation made by the State Legislature 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 the Government for the exercise of its powers and discharge of its functions under this Act.
26. Fund of the Institute
- (1) The Institute shall maintain a Fund to which shall be credited-
- (a) all moneys provided by the Government;
- (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 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 8.
27. Budget of the Institute
- (1) The Institute shall prepare in such form and at such time every year a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Institute and shall forward to the Government such number of copies thereof as may be prescribed.
- (2) It shall not be lawful for the Institute to incur any expenditure either not sanctioned in the Budget or in the case of funds granted to the Institute subsequent to the sanction of budget by the Government or Government of India or any international organization or foundation or any other agency save in accordance with the terms of such grant: Provided that in the case of sudden or unforeseen circumstances, non-recurring expenditure up to the prescribed limit may be incurred by the Director, whether sanctioned in the budget or not and he shall present this in the next Finance Committee meeting with all details in respect of all such expenditure.
28. Accounts 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 Government may, by rules prescribe, and in accordance with such general directions as may be issued by the Government, in consultation with the Finance Department.
- (2) The accounts of the Institute shall be audited in such manner and by such auditors as Government may direct and the cost of such audit shall be a charge on the fund of the Institute.
- (3) The Accounts of the Institute as audited by the auditor together with the audit report thereon shall be submitted by the Director to the Governing Body which shall forward them to the Government with such comments as may be deemed necessary.
29. Annual Report
The Institute shall prepare for every year a report of its activities during that year and submit the report to the Government in such form and on or before such date as may be prescribed and a copy of this report shall be laid before the State Legislature within one month of its receipt.
30. Pension and Provident Fund
- (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 specified by regulations, such pension and provident funds as it may deem fit.
- (2) Where any such pension or provident fund has been constituted, the Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act No. 19 of 1925) shall apply to such fund as if it were a Government provident fund.
31. Authentication of the orders and instruments of the Institute
All orders and decisions of the Institute shall be authenticated by the signature of the Director or an officer authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of such officers as may be authorised by the Institute.
32. Acts and Proceedings not to be invalidated by vacancies, etc.
No act done or proceeding taken by the Institute, Governing Body, Finance Committee or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Institute, Governing Body, Finance Committee or such standing or ad hoc committee.
33. Control of the Government
- (1) The Institute shall carry out such directions not being inconsistent with the provisions of this Act as may be issued to it from time to time by the Government for the efficient administration of the affairs of the Institute under this Act.
- (2) Where the State Government funds are involved, the Institute shall abide by the terms and conditions attached to the sanction of such funds which may inter alia include the prior permission of the Government in respect of the following, namely:-
- (a) creation of the new posts of the teachers, officers or other employees;
- (b) revision of the pay, allowances, post-retiral benefits and other benefits to any of its teachers, officers or other employees;
- (c) grant of any additional or special pay allowance or other extra remuneration of any description whatsoever, including ex-gratia payments or other benefits having financial implications, to any of its teachers, officers or other employees;
- (d) diversion of any earmarked fund for the purpose other than that for which it was received;
- (e) transfer by sale, lease, mortgage or otherwise of immovable property;
- (f) incurring expenditure on any development work from the funds received from the State Government for any purpose other than that for which the funds are received.
34. Dispute between the Institute and the Government
If in or in connection with, the exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Government, the decision of the Government thereon shall be final.
35. Returns and Information
The Institute shall furnish to the Government such reports, returns and other information as the Government may require from time to time.
36. Inspection of the Institute
36. Inspection of the Institute.- (1) The Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the Institute including its buildings, libraries, laboratories, workshops and equipment and also of the examinations, teaching and other work conducted or done by the Institute or to cause an inquiry to be made in the like manner in respect of any matter connected with the administration and finance of the Institute.
- (2) Where the Government decides to cause an inspection or inquiry to be made under sub-section (1), it shall inform the Institute of the same through the Director and any person nominated by the Governing Body may be present at such inspection or inquiry as representative of the Institute and he shall have the right to be heard as such.
- (3) The person or persons appointed to inspect or inquire under sub-section (1) shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908), for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and compelling production of documents and material objects, and shall be deemed to be a civil court within the meaning of sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023) and the proceeding before him shall be deemed to be judicial proceedings within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023).
- (4) The Government shall address the Director with reference to the result of such inspection or inquiry, and the Director shall communicate to the Governing Body, the view of the Government together with such advice as the Government may offer upon the action to be taken thereon.
- (5) The Director shall then within such time as the Government may fix, submit to it a report of the action taken or proposed to be taken by the Governing Body.
- (6) If the authorities of the Institute do not, within a reasonable time, take action to the satisfaction of the Government, the Government may after considering any explanation which such authorities may furnish, issue such directions as it may think fit, and the authorities of the Institute shall comply with such directions.
- (7) The Government shall send to the President a copy of every report of an inspection or inquiry caused to be made under sub-section (1) and of every communication received from the Director under sub-section (5) and of every direction issued under sub-section (6) and also of every report for information received in respect of compliance or non-compliance with such direction.
37. Power to make rules
37. Power to make rules.- (1) The State Government, after consultation with the Institute, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that consultation with the Institute, shall not be necessary on the first occasion of making of the rules under this section, but the Government shall take into consideration the suggestions which, the Institute may make in relation to the amendment 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 procedure to be followed by the Search and Selection Committee under clause (r) of section 4;
- (b) the powers and functions to be exercised and discharged by the President of the Institute under section 9;
- (c) the salaries, perks and allowances etc. and other conditions of service of the Director under section 10;
- (d) the procedure of appointment of Associate Director under sub-section (2) of section 13;
- (e) the ranks of the officers as mentioned in subsection (3) of section 13;
- (f) the other powers and functions to be exercised and discharged by the Associate Director of the Institute under section 13;
- (g) the other powers and functions to be exercised and discharged by the Finance Officer of the Institute under section 14;
- (h) the numbers of teachers, officers and other employees that may be appointed by the Institute and the manner of such appointment under subsection (1) of section 15;
- (i) the salaries, perks and allowances and other conditions of service of teachers and officers and other employees of the Institute appointed by the Institute under sub-section (2) of section 15;
- (j) the manner for prohibiting private practice or coaching under sub-section (3) of section 15;
- (k) prescribing the procedure to be followed by the Selection Committee under sub-section (5) of section 15;
- (l) the other powers and duties of the Finance Committee of the Institute under section 18;
- (m) the control and restrictions in relation to the constitution of standing and ad hoc committees under section 19;
- (n) the allowances, if any, to be paid to the President and members of the Institute and the Chairman and members of Committees under section 20;
- (o) the form in which and the time at which the budget and reports shall be prepared by the Institute and the numbers of copies thereof to be forwarded to the Government under section 27;
- (p) the form in which the accounts and other relevant records shall be maintained and annual statement of accounts and balance-sheet shall be prepared under section 28;
- (q) the form in which and the time at which the annual report shall be prepared by the Institute under section 29; and
- (r) any other matter which has to be or may be prescribed by the rules.
38. Power to make regulations
38. Power to make regulations.- (1) The Institute with the previous approval of the Government may, by notification in the Official Gazette, make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for all or any of the following matters-
- (a) the summoning and holding of meetings, other than the first meeting, of the Institute, the time and place where such meetings are to be held and the transactions of business at such meetings under section 6;
- (b) the power and functions of the Institute under section 8, to specify-
- (i) courses and curricula for various levels of medical education under clause (f);
- (ii) to hold examinations and grant degrees, diplomas and other academic distinctions and titles etc. under clause (i);
- (iii) the teachers, officers and other employees of any description who may be appointed under clause (j);
- (iv) the management of the properties of the Institute under clause (l);
- (v) the fees and other charges which may be demanded and received by the Institute under clause (m); and
- (vi) the allotment of quarters under clause (o);
- (c) the powers and functions to be exercised and discharged by the President of the Institute under section 9;
- (d) the procedure to be followed by the Selection Committee under sub-section (5) of section 15;
- (e) 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 of the Institute under section 30; and
- (f) any other matter for which under this Act provisions may be made by the regulations.
- (2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).
39. Laying down the rules and regulations before the Legislative Assembly
39. Laying down the rules and regulations before the Legislative Assembly.- Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which they are so laid, or of the session immediately following, the House of State Legislature makes any modification in the rule or regulation or the House of State Legislature resolves that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
40. Power to remove difficulties
40. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature.
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