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

1. Short title and commencement.—(1) This Act may be called the Pariyaram Medical College and Hospital (Transfer for Administration) Act, 2001. (2) It shall come into force at once.

2. Definition.—In this Act, unless the context otherwise requires,— (a) “Academy of Medical Sciences” means the society known as the Academy of Medical Sciences, Pariyaram, Kannur District and registered with Certificate of Registration No. 503 of 1993, under the Societies Registration Act, 1860 (Central Act XXI of 1860); (b) “Board of Control” means the Board of Control appointed by the Government under section 3 of the Kerala Co-operative Hospital Complex and the Academy of Medical Sciences (Taking over the Management) Act, 1997 (6 of 1997); (c) “Bye laws” means the bye laws of the Co-operative Hospital Complex; (d) “Co-operative Hospital Complex” means the Co-operative Society known as the Kerala State Co-operative Hospital Complex and Centre for Advanced Medical Services Limited, Kannur, registered with certificate of registration No. 4386 of 1992, under the Kerala Co-operative Societies Act, 1969 (21 of 1969); (e) “Establishment” means the Pariyaram Medical College established under the Memorandum of Association and Rules and Regulations of the Academy of Medical Sciences and the Hospital established by the Co-operative Hospital Complex together with the dispensaries attached thereto and used in connection therewith and includes all buildings, lecture-rooms, museums, laboratories, libraries, hostels and boarding houses used in connection with or as accessories to or adjuncts of the said Medical College and Hospital, all assets excluding land, rights, powers, authorities and privileges, furniture, stores, equipments, automobiles and other vehicles, cash balance, reserve fund, investments and book debts and all other movable rights and interests in the Medical College and Hospital now in possession and control of the Government; (f) “Government” means the Government of Kerala; (g) “Hospital” means the hospital established by the Co-operative Hospital Complex; (h) “Memorandum of Association” means the Memorandum of Association of the Academy of Medical Sciences; (i) “Pariyaram Medical College” means the medical College established by the Academy of Medical Sciences; (j) “Societies” means the Co-operative Hospital Complex and the Academy of Medical Sciences; (k) “State” means the State of Kerala.

3. Administration of establishment to transfer in societies .—(1) Notwithstanding anything contained in any other law for the time being in force, or in any judgment, decree or order of any Court or in any contract or other document, on the date of commencement of this Act,— (a) the establishment as defined in clause (e) of section 2 together with all borrowings made by or on behalf of, and all other liabilities and obligations of whatever kind, incurred in relation to the Pariyaram Medical College and Hospital and subsisting on such date, shall stand transferred to and shall vest absolutely in the societies; (b) the Pariyaram Medical College shall be administered by the Academy of Medical Sciences as an institution owned by the societies. (2) In administering the Pariyaram Medical College as an institution of the societies, regard shall be had to the purpose for which that institute was set up by the societies in pursuance of the Memorandum of Association. (3) All expenses so far incurred by the Government for the administration of the Pariyaram Medical College and Hospital may be determined by the Government, within three months from the date of commencement of this Act, and the amount so determined shall be treated as Government contribution to the share capital of the respective societies.

4. Contracts or orders in bad faith or detrimental to the interest of Pariyaram Medical College and Hospital to be cancelled or varied .—(1) Notwithstanding anything contained in this Act, the Government may, on application from the societies, if satisfied after such inquiry as it may think fit, that any contract or agreement entered into before the commencement of this Act by the Board of Control or any member thereof, in relation to the Pariyaram Medical College and Hospital or any affairs connected with the Medical College and Hospital or any orders of the Board of Control in relation to any affairs connected with that College and Hospital, has been entered into or passed in bad faith, or is detrimental to the interests of the Pariyaram Medical College and Hospital, it may make an order cancelling or varying (either unconditionally or subject to such conditions, as it may think fit to impose for the purpose) such contract or agreement or order and thereafter the contract or agreement or order shall have effect accordingly: Provided that no contract or agreement or order shall be cancelled or varied except, after giving to the parties to the contract or agreement or order a reasonable opportunity of being heard. (2) Any person aggrieved by an order made under sub-section (1) may make an application to the Principal Court of civil jurisdiction within the local limits of whose jurisdiction the Pariyaram Medical College and Hospital is situate, for the variation or reversal of such order and thereupon the Court may pass such orders as it thinks proper either confirming, modifying or reversing such order.

5. Provisions relating to officers and other employees of Pariyaram Medical College and Hospital.— Every officer or other employee, who, immediately before the coming into force of this Act, is employed in or in connection with the affairs of the Pariyaram Medical College and Hospital shall become, as from the date of commencement of this Act, an officer or other employee, as the case may be, of the societies and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions are as he would have held, if this Act had not been passed and shall continue to do so unless and until his tenure,remuneration, terms and conditions are duly altered by the societies.

6. Provisions relating to students studying in Pariyaram Medical College .— Every student studying in the Pariyaram Medical College and admitted in the Pariyaram Medical College immediately before the commencement of this Act shall be entitled to continue and complete his course of study on the same terms and conditions and with the same rights and privileges as if this Act had not been passed.

7. Act to override all other enactments .—The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any Court, Tribunal or Authority.

8. Special provision for maintenance of T.B. Sanatorium .—(1) The Academy of Medical Sciences shall continue to maintain the T.B. Sanatorium working in the premises of the Pariyaram Medical College and provide free treatment to the T.B. patients described in document No. 812 of 1950 dated the 5th day of June 1950 created by the late Sri Samual Aaron. (2) Notwithstanding anything contained in this Act, the Government may give such directions to the societies, as the Government may deem fit, for the proper administration of the T.B. Sanatorium referred to in sub-section (1).

9. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to them to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act came into force.