Uttar Pradesh · Act 41 of 2018

Dr. Ram Manohar Lohia Institute of Medical Sciences Act 2015

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DR. RAM MANOHAR LOHIA INSTITUTE OF MEDICAL SCIENCES 
ACT, 20151 

(U.P. Act no. 41 of 2018) 

[In pursuance of the provisions of clause (3) of Article 348 of the 
Constitution of India, the Governor is pleased to order the publication of 
the following English translation of the Dr. Ram Manohar Lohia 
Ayurvigyan Sansthan Adhiniyam, 2015 (Uttar Pradesh Adhiniyam 
Sankhya 41 of 2018) as passed by the Uttar Pradesh Legislature and 
assented to by the Governor on September 11, 2018 and published in 
the U.P. Gazette extra-ordinary on September 12, 2018.] 

AN 
ACT 

to provide for the establishment of Dr. Ram Manohar Lohia 
Institute of Medical Sciences at Lucknow in Uttar Pradesh and for matters 
connected therewith and incidental thereto. 

It is hereby enacted in the Sixty-sixth Year of the Republic of 
India as follows:- 

CHAPTER-I 
Preliminary 

Short title 1. This Act may be called Dr. Ram Manohar Lohia Institute of 
Medical Sciences Act, 2015. 

Definitions 2. In this Act, unless the context otherwise requires,- 
(a) “Board” means the Board of Governors of the Institute; 
(b) “Director’’ means the Director of the Institute appointed 

under section 14; 
(c) “Employee” means any person appointed by the Institute 

and includes a teacher, a doctor or any other member of the staff 
of the Institute; 

(d) “Fund” means the Fund of the Institute maintained under 
section 28; 

(e) “Institute” means Dr. Ram Manohar Lohia Institute of 
Medical Sciences established under section 3; 

(f) “Prescribed” means prescribed by regulations;  
(g)  “President” means the President of the Institute referred 

to in section 12; 
(h) “Regulations” means  the  regulations of the Institute 

made under section 34; 
(i) “Secretary/Principal Secretary” means the Secretary or 

the Principal Secretary, as the case may be, of concerned 
department of Government of Uttar Pradesh dealing with the 
affairs of the Institute; 

(j) “Society” means Dr. Ram Manohar Lohia Institute of 
Medical Sciences Society, Lucknow registered under the Societies 
Registration Act, 1860;  

 

 (k) “Teacher or Faculty-member” means a Professor, 
Additional Professor, Associate Professor, Assistant Professor or a 
person employed or engaged by the Institute for imparting 
education or training or guiding or conducting research in the 
Institute and includes the Dean and the Director. 

1. For S.O.R. see  at the end of this Act. 
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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

CHAPTER -II 
The  Institute 

Establishment  
and 
incorporation of 
the Institute 

3. (1) There shall be established at Lucknow on the pattern of 
All India Institute of Medical Sciences, New Delhi an Institute to be 
called Dr. Ram Manohar Lohia Institute of Medical Sciences, 
Lucknow. 

(2) The Institute shall be a body corporate and shall function 
as a University established under a State Act. 

(3) On and from the date of commencement of this Act,– 
(a) Dr. Ram Manohar Lohia Institute of Medical Sciences 

Society at Lucknow shall be dissolved and all property-
movable and immovable and rights, powers and privileges and 
liabilities and obligations of the Society shall stand 
transferred to and vested in the Institute; 

(b) all references in any statutory instrument to the 
Society shall be construed as reference  to the  Institute; 

(c) any deed or other document, whether made or 
executed before or after the commencement  of this Act which 
contains any bequest, gift or trust in favour of the Society, 
shall be construed as  the bequest, gift or trust to the 
Institute; 

(d) Every person duly employed before the 
commencement of this Act and working as such just before 
the  commencement of this Act in the Society shall become an 
employee of the Institute by the same tenure and upon the 
same conditions of service. 

Institute open 
to all classes 
and creed 

4. The Institute shall be open to all persons irrespective of sex, 
race, creed or class and it shall not be lawful for the Institute to adopt 
or impose on any person any test whatsoever of religious belief or 
profession or political opinion in order to entitle him to be appointed 
as a teacher of the Institute or to hold any other office therein or to be 
admitted as a student of the Institute, or to enjoy or exercise any 
privilege thereof : 

 Provided that reservation on the posts for recruitment of the 
employees and reservation of seats for admission in any course of 
study for the students, belonging to the Scheduled Castes, Scheduled 
Tribes and  Other  Backward  Classes  of  Citizens  and  other 
categories of candidates as specified by the State Government from 
time to time shall be regulated by the laws and orders of the State 
Government for the time being in force. 

 

Composition of 
the Institute 

5. The Institute shall consist of,– 

(a) the Governor of Uttar Pradesh 
Government ; 

 -Visitor (ex-officio) 

(b) the Chief Secretary to the 
Government of Uttar Pradesh; 

 -President (ex-officio) 

(c) the Principal Secretary/ Secretary 
to the Government of Uttar Pradesh 
in the Medical Education 
Department; 

 -Vice-President  
(ex-officio) 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(d) the  Principal Secretary/Secretary to the 
Government of Uttar Pradesh in the 
Finance Department or his nominee; 

 -Member (ex-officio) 

(e) the  Principal Secretary/Secretary to the 
Government of Uttar Pradesh in the 
Planning Department or his nominee; 

 -Member (ex-officio) 

(f) the  Principal Secretary/Secretary to the 
Government of Uttar Pradesh in the Law 
Department or his nominee; 

 -Member (ex-officio) 

(g) the Director General, Medical Education 
& Training, Uttar Pradesh;                                             

 -Member (ex-officio) 

(h) the Director;  -Member-Secretary  
  (ex-officio) 

(i) the Dean of the Institute;           -Member (ex-officio) 
(j) two persons having special knowledge or 

practical experience in the pursuit of 
Medical Sciences/ Heads of Medical 
Institutions  to be nominated by the State 
Government;                              

 -Members 

(k) three representatives of medical faculties 
of the Indian Universities or the Institutes 
to be nominated by the President;                   

 -Members 

(l) one representative of the Ministry of 
Health and Family Welfare,  Government 
of India;                                                       

 -Member 

(m) one representative of the Medical Council 
of India; 

 -Member 

(n) one representative of the Indian Council 
for Medical Research; 

 -Member 

(o) one representative of the Indian Nursing 
Council;       

 -Member 

(p) two educationists of eminence to be 
nominated by the State Government;                                                                    

 -Members 

(q) two senior-most heads of department by 
rotation every two years. 

 -Members 

 

Term of office 
and vacancies 
among 
members 

6. (1) Subject to the provisions of the following sub-sections, the 
term of a member, other than an ex-officio member, shall be five years 
from the date of nomination. 

(2) The term of office of a member nominated under section 5 
shall come to an end as soon as he/she ceases to hold the office by 
virtue of which he/she is such a member. 

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

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

(5) An outgoing member may be eligible for re-nomination. 
(6) A member may resign his office by writing under his hand 

addressed to the Vice-President through the Member-Secretary, but he 
will continue in office until his resignation is accepted. 

(7) The manner of filling vacancies amongst members shall be 
such, as may be prescribed. 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

Meeting of the 
Institute 

7. (1) The Institute shall meet at such time and place, as the 
President may from time to time determine.  

   (2) The transactions of business in such meeting shall be in 
such manner as may be prescribed: 

Provided that the Institute shall meet at least once in a year. 
8. The objects of the Institute shall be,– 

(a) to create a centre of excellence for providing medical 
care, educational and research facilities of high order in the 
field of medical sciences and specialities and super specialities 
and such others, as may emerge in future, including 
continuing medical education on the pattern of All India 
Institute of Medical Sciences, New Delhi; 

 

 

 

 

Objects of the 
Institute 

(b)  to provide for multi-purpose speciality and super 
speciality hospitals and trauma centres by upgrading the 
existing institutions, and to establish them as a centre of 
excellence and to provide treatment for patients therein; 

(c)  to develop excellence in teaching and training at under-
graduate, post-graduate, doctoral  and post-doctoral medical 
education and research in super-specialities so as to set a high 
standard of medical education; 

(d)  to develop training centres and facilities for paramedical 
human resource; 

(e)  to establish specialized and individual departments to 
deal with emerging medical, surgical and allied specialities and 
sub-specialities. 

 
 

Powers and 
functions of 
the Institute 

9. (1) The powers and functions of the Institute shall be,– 
(a)  to institute teaching and training in undergraduate, 

postgraduate and super-speciality branches of medicine and 
allied sciences and to make provisions for research and for the 
advancement and dissemination of knowledge in such branches; 

(b)  to institute and award degrees, diplomas, certificates and 
other academic distinctions; 

(c)  to admit students to the various courses of study and to 
conduct examinations or tests and lay down conditions in respect 
thereof; 

(d)  to hold examinations for and to grant and confer degrees, 
diplomas and others academic distinctions to and on persons 
who- 

(i) have pursued a course of study, or 
(ii) have carried on research in the Institute. 

(e)  to confer honorary degrees or other academic distinctions; 
(f) to institute and award scholarships, fellowships (including 

travelling fellowship) studentships, stipends, medals and prizes in 
accordance with the regulations; 

(g) to establish, maintain and administer centres of teaching 
and research, hospitals, rural and urban centres, laboratories, 
libraries or other things to carry out the objects of the Institute; 

(h) to fix and collect fees and other charges; 
(i) to create teaching, administrative, ministerial, technical 

and other necessary posts as required and make appointment 
thereto; 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(j) to undertake publication of works of merit and research; 
(k) to provide for management and treatment of the patients 

in its hospitals and centres; 
(l) to function as a secondary and tertiary hospital; 
(m) to deal with property belonging to, or vested in the 

Institute in any manner which is considered necessary for 
promoting its objects; 

(n) to co-operate  or collaborate  with other institutions in 
conduct of patient care,  higher education  and research in 
medical and paramedical field; 

(o) to do any other act  or thing, as may be necessary in 
order to further the objects of the Institute: 

Provided that the Institute- 
(i) will not transfer any immovable property of the 

Institute by way of mortgage, sale, exchange, gift or 
otherwise except with the previous sanction of the State 
Government ; 

(ii) will not create any post in the Institute except with 
the prior approval of the State Government or except in 
accordance with any general or special order of the State 
Government. 

(2) The pay and other allowances to various categories of 
employees of the Institute shall be such as may be determined from time 
to time by the State Government. 

 CHAPTER-III 
Officers of the Institute 

Officers of the 
Institute 

10. The following shall be the officers of the Institute, namely,– 
(a) The Visitor; 
(b) The President of the Institute; 
(c) The Vice-President of the Institute; 
(d) The Director; 
(e) The Dean of the Institute; 
(f) The Finance Officer; 
(g) Such other officers as may be declared by the 

regulations. 
Visitor 
 

11. (1) The Governor of Uttar Pradesh shall be the Visitor of 
the Institute. 

(2) The Visitor shall by virtue of his office, be the head of the 
Institute and shall, when present, preside at the convocation of the 
Institute. 

(3) Every proposal for the conferment of  an honorary degree or 
distinction shall be subject to the confirmation by the Visitor. 

(4) The Visitor shall after every five years cause to be reviewed the 
progress of the Institute in such manner as he thinks fit. 

(5) Upon reviewing progress of the Institute the Visitor may 
make a reference to the State Government for taking action under 
section 41 or may, subject to the provisions of this Act issue such 
directions as he considers necessary, and the Institute shall be bound 
to comply with such directions. 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(6) Without prejudice to the foregoing provisions of the section 
but subject to the provisions of section 42, the Visitor may by order in 
writing annul any proceeding of the Institute which is not in conformity 
with this Act of the rules or regulation made thereunder : 

 
 
 
 
 

Powers 
of President 

Provided that before making any such order he shall call upon 
the Institute to show cause why such an order should not be made 
and if any cause is shown within such reasonable time as may be 
allowed therefor, shall consider the same. 

12. (1) The Chief Secretary of Uttar Pradesh shall be the 
President of the Institute and shall also be Chairman of the Governing 
Body. Meetings of the Institute shall be convened as per directions of 
the President. 

(2) The President shall preside over the meetings of the 
Institute. 

(3) The  powers and functions of the President shall be,– 
(a) to ensure that the administration of the affairs of the 

Institute are being conducted in accordance with the 
provisions of this Act and the regulations and to take such 
steps, as he deems fit; 

(b) to call for such information or records relating to the 
administration of the affairs of the Institute; 

 (c) to include in the agenda at any time before or during a 
meeting, fresh items of business or items supplementary to 
those included in the agenda for consideration;  

(d) to exercise such other powers and perform such other 
functions, as may be prescribed. 
(4) The President may delegate any of his powers to the Vice-

President. 
Vice-President 13. (1) The Principal Secretary, Medical Education to the 

Government of Uttar Pradesh shall be the ex-officio Vice-President of 
the Institute. 

(2) In the absence of the President at any meeting of the 
Institute, the Vice-President shall preside over such meeting. 

(3) He shall exercise such powers and perform such functions 
as may be prescribed. 

Director 14.  (1) The Director shall be appointed by the Visitor on the 
recommendation of a committee consisting of,– 

(a) President of the Institute; 
(b) Vice-President of the Institute; 
(c)  the Director General Medical Education and Training; 

and 
(d) two experts in medical field, not below the rank of a 

head of medical institution or  medical University  to be 
nominated by the Visitor. 
(2) (a) Only such person shall be eligible for the appointment to the 

office of the Director  who has  not attained the age of  sixty-two years. 
(b) The Director shall hold office for a term of five years 

from the date he/she enters upon his/her office or till he/she 
attains the age of sixty-five years whichever is earlier.  

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(c) The Director may be appointed for second term or until 
he/she attains the age of sixty-five years, whichever is earlier: 

Provided that the Director may in writing under his hand 
addressed to the Visitor resign his/her office, and shall cease to 
hold his office on the acceptance thereof by the Visitor. 

(3) The Committee shall, as far as may be, at least sixty days 
before the date on which a vacancy in the office of the Director is due to 
occur by reason of expiry of term or resignation under the proviso to 
clause (c) of sub-section (2) and also whenever so required and before 
such date as may be specified by the Visitor, submit to the Visitor the 
names of not less than three persons to hold the office of the Director. 
The Committee shall, while submitting the name, also forward to the 
Visitor a concise statement showing the qualifications of each of the 
persons so recommended but shall not indicate any order of preference. 

 (4) Where the Visitor does not consider any one or more of 
persons recommended by the Committee to be suitable for appointment 
as the Director or if one or more of the persons recommended is / are 
not available for appointment and the choice of the Director is restricted 
to less than three persons, he may require the committee to submit a list 
of fresh names in accordance with sub-section (3). 

(5) No Act or proceeding of the committee shall be invalidated 
merely by reason of the existence of a vacancy or vacancies among its 
members or by reason of some person having taken part in the 
proceeding who is subsequently found not to have been entitled to do so. 

(6) In any of the following  circumstance (of the existence of which 
the Visitor  shall  be the sole judge), he may appoint any suitable person 
to the office of the Director for a term not exceeding six months as he 
may specify:- 

(a) Where the vacancy in the office of the Director occurs and 
it cannot be conveniently and expeditiously filled in accordance 
with the provisions of sub-sections (1) to (5). 

 (b)  Any other emergency. 
(7)  In the absence of the Director, the senior-most Professor of 

the Institute shall discharge the duties of the Director. 
(8) Subject to the provisions of this Act, the emoluments and 

other conditions of service of the Director shall be such as may be 
determined by the State Government by general or special order in that 
behalf. 

 (9) If in the opinion of the Visitor, the Director wilfully omits or 
refuses to carry out the provisions of this Act or abuses the powers 
vested in him, or if it otherwise appears that the continuance of the 
Director in office is detrimental to the interest of the Institute, the Visitor 
may, after making such inquiry, as he deems proper, by order remove 
the Director. 

Powers and 
functions of 
the Director 

15. (1) The Director shall be the Principal Executive and 
Academic Officer of the Institute.  

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

  (2) Without prejudice to the generality of the provisions 
contained in sub-section (1), the Director,– 

(a) shall exercise general supervision and control over the 
affairs of the Institute; 

(b) shall ensure implementation of the decisions of the 
authorities of the Institute; 

(c) shall be responsible for imparting of instructions and 
maintenance of discipline in the Institute; 

(d) may engage with the approval of the Board any person 
for a period not exceeding one year for such purpose as may 
be necessary in the interest of the Institute. 
(3) Where any matter is of urgent nature requiring immediate 

action and the same cannot be immediately dealt with by any officer 
or authority 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 
shall forthwith report the action taken by him to the Chairperson and 
also to the officer or authority who in the ordinary course, would have 
dealt with the matter: 

Provided that if such officer or authority is of opinion that 
such action ought not to have been taken by the Director, it may refer 
the matter to the Chairperson who may either confirm the action 
taken by the Director or annul the same or modify it in such manner, 
as he 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 modification, as is 
referred to in the preceding proviso shall be without prejudice to the 
validity of anything previously done by or under the order of the 
Director. 

(4) The Director shall exercise such other powers and perform 
such other functions as may be assigned to him by the Institute or the 
Chairperson or the Board or any other authority.  

(5)  The Director shall be responsible to conduct and manage 
all matters relating to the Institute. 

The Dean 16. (1) There shall be a Dean of the Institute, who shall be 
appointed by the Board from amongst the senior Professors of the 
Institute and shall hold office for three years and may be eligible for 
re-appointment. 

 (2) The Dean shall assist the Director in academic affairs of 
the Institute and shall exercise such powers and perform such 
functions as may be prescribed. 

Finance Officer 17. (1) There shall be a Finance Officer for the Institute, who 
shall be appointed by the State  Government in Finance Department, 
and his remuneration and allowances shall be paid by the Institute; 

 (2) The Finance Officer shall be responsible for presenting the 
budget and the statement of accounts to the Board and also for 
drawing and disbursing funds on behalf of the Institute. 

 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

  (3) The Finance Officer shall have the duties- 
(a) to ensure that no expenditure is incurred by the 

Institute which has not been authorised in the budget; 
(b) to disallow any proposed expenditure which may 

contravene the provisions of this Act or regulations; 
(c) to ensure that no financial irregularity is committed 

and to take steps to set-right any irregularity pointed out 
during audit or appeared otherwise; 

(d) to ensure that the property and investments of the 
Institute are duly preserved and managed; 

(e) to perform such other functions as may be prescribed. 
(4) The Finance Officer shall have access to and 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) Other powers and functions of the Finance Officer shall be 
such as may be prescribed. 

 
 

CHAPTER-IV 
Authorities of the Institute 

Authorities of 
the Institute 

18. The following shall be the authorities of the Institute, 
namely— 

(a) Board of Governors; 
(b) Academic Council; 
(c) Finance Committee; 
(d) Ethics Committee; 
(e) Admissions Committee; 
(f) Examinations Committee; 
(g) Selection Committee; 
(h) such other authorities as may be declared by regulations 

to be the authorities of the Institute. 
Board of 
Governors  

19. (1) The Board of Governors shall be the principal governing 
body of the Institute and shall consist of,– 

 

(a) the Chief Secretary, Government of 
Uttar Pradesh; 

 Chairperson (ex-officio) 

(b) the Principal Secretary/Secretary to 
the Government of Uttar Pradesh, 
Medical  Education Department; 

 Vice-Chairperson  
(ex-officio) 

(c) the Principal Secretary/Secretary to 
the Government of Uttar Pradesh, 
Finance Department; 

 
 

Member (ex-officio) 

(d) the Director General, Medical 
Education and Training, Uttar 
Pradesh; 

 
 

Member (ex-officio) 

(e) the Director General,  Medical and 
Health, Uttar Pradesh; 

 
 

Member (ex-officio) 

(f) the Director  Member-Secretary  
(ex-officio) 

(g) the Dean of the Institute  Member (ex-officio) 
(h) the Chief Medical Superintendent  Member (ex-officio) 

 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(i) two persons of eminence in the field of 
medicine not less than Heads of 
Institute in the State or out-side the 
State nominated by the Visitor; 

(j) two persons being Professors and Heads 
of the Department at the Institute to be 
nominated by the Director in order of 
seniority by rotation. 

 Member 
 
 

Member 
 

 
(2)   The term of office of an ex-officio member shall continue 

so long as he holds the office by virtue of which he is a member. 

(3)   The term of office of a member nominated under clauses 
(i) and (j), shall be two years from the date of his nomination. 

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

(5)   The Board shall meet at least once in three months at 
such time and place as the Chairperson may from time to time 
determine. 

(6)   The procedure to be followed by the Board for the 
transaction of business in any meeting or otherwise or in the 
exercise of its powers or performance of its functions shall be such 
as may be prescribed. 

(7)   Subject to such control and restrictions as may be 
prescribed, the Board may constitute such committees, as it thinks 
fit, for exercising any power or performing any function under  
this Act. 

 

Functions of the 
Board 

20. (1) Save as otherwise provided in this Act, the Board 
shall be responsible for the general superintendence, direction and 
control of the affairs of the Institute. 

(2) Without prejudice to the provisions of sub-section (1), the 
Board,– 

(a) shall take steps for the implementation of the decisions 
of the Institute on matters of policy  relating to the 
administration of the affairs and working of the Institute; 

(b) shall institute courses of study at the Institute and 
take decisions on the advice of the Academic Council on all 
academic matters including matters relating to the 
examinations conducted by the Institute; 

(c)  shall hold and control the property and funds of the 
Institute; 

(d)  may acquire any movable or immovable property on 
behalf of the Institute; 

(e)  shall administer any fund placed at the disposal of the 
Institute for specific purposes; 

(f)  may create or abolish posts of teachers and other 
employees of the Institute; 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

 (g) may 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; 

(h)  may invest any money belonging to the Institute 
(including any income from endowed property) in such 
stocks, funds, shares or securities as it, from time to time, 
thinks fit; 

(i) may enter into, vary, carry-out and cancel contracts 
on behalf of the Institute; 

(j) may make other decisions in the interest of the 
Institute on the matters not inconsistent with the provisions 
of this Act or the regulations made thereunder. 

 

Academic Council 21. (1) The Academic Council shall consist of,- 
( i) the Director                     -   Chairperson 
(ii) the Dean of the Institute   -   Member-Secretary 
(iii) all Heads of teaching     -   Members 
       departments 

(2)  The Academic Council shall perform the following 
functions :- 

(a) to prepare and to recommend changes in curricula 
and syllabi for the courses of study for the various 
departments; 

(b) to make arrangement for the conduct of 
examinations;  

(c) to appoint Advisory Committees or Expert 
Committees or both for the department to make 
recommendations on academic matters in connection with 
the working of the departments and the concerned Head of 
the Department shall act as the convener of such committee; 

(d)  to appoint sub-committees from amongst the 
members of the Academic Council, other teachers of the 
Institute and experts from outside on such specific matters 
as may be referred to such sub-committee by the Academic 
Council; 

(e) to consider the recommendations of the advisory 
Committee, Expert Committee or other sub-committees and 
take such action as circumstances of each case may require 
including making of suitable recommendations to the Board; 

(f) to make periodical review of the activities of the 
departments and if necessary, make suitable recommenda-
tions to the Board; 

 (g)  to advise on the working of library, laboratories and 
the hospitals etc.; 

(h)  to promote research within the Institute and require 
reports on such research from the persons engaged thereon; 

 (i) to advise on general policy to be followed in respect 
of consultation work to be done by academic staff; 

(j) to provide for the inspection of classes, laboratories, 
library and disciplines therein and submit reports thereof to 
the Board; 

 

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[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(k)  to award stipends, fellowships, scholarships free-ships, 
medals and prizes etc. according to the conditions attached to 
the awards. 

(3) The Academic Council shall meet as often as necessary but 
not less than two times during a calendar year. 

(4) Meeting of the Academic  Council  shall be convened by the 
Member-Secretary of the Council either on his own imitative or on the 
direction of the Director or on a requisition signed by not less than five 
members of the Academic  Council . 

 (5) Half of the total number of the members of the Academic 
Council shall form the quorum. 

(6) A written notice of every meeting together with the agenda 
shall be circulated by the Member-Secretary to the members of the 
Academic Council at least one week before the meeting. The 
Chairperson of the Academic Council may permit inclusion of any item 
on the agenda for which due notice could not be given. 

 (7) Notwithstanding anything contained in sub-section (6), the 
Chairperson may call an emergent meeting of the Academic Council at 
short notice to consider urgent or special issues. 

(8) The decision of the Chairperson of the Academic Council in 
regard to all matters shall be final. 

(9) The minutes of the Academic Council shall be drawn up by 
the Member-Secretary and circulated amongst all members present in 
meeting. 

 

Finance 
Committee 

22. (1) The Finance Committee shall consist of,- 
 

(a) the Principal Secretary 
/Secretary to the Government 
of Uttar Pradesh, Medical 
Education Department; 

 -  Chairperson 

(b) the Principal Secretary/ 
Secretary to the Government 
of Uttar Pradesh, Finance 
Department, or his nominee 
not below the rank of the 
Special Secretary;                                      

 -  Member 
 

(c) the Director;  -  Member 
(d) the Chief Medical Superin-

tendent of the Institute; 
 -  Member 

(e) the Finance Officer  -  Member Secretary 
(2)   The Finance Committee shall advise the Board on matters 

relating to the administration of property and funds of the Institute 
including limits for the 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 
functions as may be prescribed. 

24 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

Ethics 
Committee 

23. (1) There shall be an Ethics Committee for ensuring 
smooth running and proper patient-care in the Institute, associated 
hospitals and health centres.  

(2) The constitution of the Ethics Committee, the term of 
office of its members and its powers and functions shall be such as 
may be prescribed. 

Other 
Authorities  

24. The constitution, powers and functions of the 
Admissions Committee, Examinations Committee and other 
authorities of the Institute shall be such as may be prescribed. 

 CHAPTER-V 
Staff of Institute 

Staff of Institute 25. (1) The Institute shall appoint such number of employees 
against the posts as may be sanctioned by the State Government 
from time to time. The terms and conditions of service of the 
employees of the Institute shall be such as may be provided in the 
regulations. 

(2) In the interest of the Institute, eligible Government 
servants may be appointed on deputation basis or by transfer of 
service as per Government norms and conditions. 

(3) The Board may, from time to time, create or abolish posts 
as it considers proper, subject to approval of the State Government. 
However, parity will be maintained with All India Institute of Medical 
Sciences, New Delhi. 

Appointment and 
promotion of 
teachers and 
other staff 

26. (1)   Subject to the provisions of this Act, such number 
of Professors, Associate Professors, Assistant Professors and Group 
‘A’ Officers, as may be necessary, shall be appointed by the  
Chairperson, and such number of  Group ‘B’ Officers and other 
employees, as may be necessary, shall be appointed by the Director. 

(2)   Save as otherwise provided in sub-section (1) the 
officers, teachers and other employees of the Institute shall be 
appointed in such manner and with such designations and grades 
as may be prescribed. 

(3)   The employees of the Institute appointed under this Act 
shall be entitled to such salary and allowances and shall be 
governed by such conditions of service as may be prescribed. 

 (4)   No person shall be appointed as a teacher of the 
Institute, unless he/she fulfils the qualifications prescribed by the 
Medical Council of India, the Indian Nursing Council or any other 
Central/State Regulatory Body and the regulations made under this 
Act, as the case may be and recommended by a Selection Committee 
constituted in this behalf under this Act. 

 (5) (a) The Selection Committee for the appointment or 
promotion to a Professor and an Associate Professor of the Institute 
shall consist of, – 

(i) the Director who shall be the Chairperson of the 
Selection Committee; 

(ii) the Director General, Medical Education and 
Training, Uttar Pradesh; 

(iii) the Dean of the Institute; 
(iv) three experts to be nominated by the President; 
(v) such other persons as may be prescribed. 

(b)   The Selection Committee for the appointment  or 
promotion to  an Assistant Professor and other teachers of the 
Institute shall consist of,– 

(i) the Director who shall be the Chairperson of the 
Selection Committee; 

26 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

 (ii) the Director General, Medical Education and Training, 
Uttar Pradesh; 

(iii) the Dean of the Institute; 
(iv) Head of the Department concerned; 
(v) two experts nominated by the President; 
(vi) such other persons as may be prescribed. 

(6)  The Selection Committee constituted under this section shall 
follow such procedures as may be prescribed. 

(7) No recommendations made by the Selection  Committee shall 
be considered to be valid, unless it is supported by a majority of the 
members present: 

 Provided that in the case of Selection Committee constituted 
under clause (a) of sub-section (5), the presence of at least two experts, 
and in the case of a Selection Committee constituted under clause (b) of 
sub-section (5), the presence of at least one expert shall be necessary. 

(8)  Where the Selection Committee fails to make recommenda-
tion in  accordance  with  the  provisions  of  sub-section (7),  the  
minutes  of  the  Selection Committee shall be submitted to the President 
who shall forward the same, along with his/her views thereon, to the 
President for decision and the decision of the President shall be final. 

  (9)  Where the recommendations of  the Selection Committee 
are not acceptable to the appointing authority, it shall refer the whole 
case to the President specifying the grounds of objection to such 
recommendations in precise terms, and the decision of the President 
thereon shall be final: 

Provided that it shall be lawful for the President to refer the case 
to the Selection Committee for reconsideration or to require another 
Selection Committee to be constituted for consideration of the case. 

Explanation-For the purpose of this section, Group ‘A’ Officers 
and Group ‘B’ Officers shall be such class of officers as are specified or 
designated as such in the regulations. 

 CHAPTER-VI 
Finance and Audit 

Grant-in-aid 
by State  

27. For the purpose of enabling the Institute to perform its 
functions efficiently under this Act, the State Government may, after 
due appropriation made by State Legislature by law in this behalf, pay 
to the Institute in each financial year such sums of money in such 
manner as it may think fit. 

Fund of the 
Institute 

 28. (1) The Institute shall maintain a fund to which shall be 
credited:- 

(a) all moneys provided by the State Government; 
(b) all fees and other charges received by the Institute; 
(c) 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 

Nationalized Banks and invested in such manner as the Institute may, 
with the approval of the State 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 performance of its functions under section 9. 

 

28 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

Budget of the 
Institute 

29. (1) There shall be prepared in such form and at such 
time, every year as may be prescribed, a budget in respect of the 
financial year next ensuing , showing the estimated receipts and 
expenditure of the Institute and the same shall be forwarded to the 
State Government in such manner as may be prescribed. 

(2) The Board shall comply with such directions as may be 
given by the State Government and approve the budget finally. 

(3)  It shall not be lawful for the Institute to incur any 
expenditure not sanctioned in the budget or in the case of funds 
granted to the Institute, subsequent to the sanction of budget by the 
State Government or the Government of India, or any international 
organisation or foundation or any other agency save in accordance 
with the terms of such grant: 

Provided that funds from sources other than that of the 
Government of India and of the State Government will be received by 
the Institute only after obtaining the necessary clearances, as 
required under the law: 

Provided further that in the case of sudden or unforeseen 
circumstances, non-recurring expenditure not exceeding rupees 
twenty-five thousand not sanctioned in the budget may be incurred 
by the Director who shall immediately inform the State Government 
in respect of all such expenditure. 

Annual 
Accounts and 
Balance-Sheet 

30. (1)   The Institute shall maintain proper accounts and 
other relevant records and shall cause to be prepared an annual 
statement of accounts including the Balance-Sheet in such form as 
may be specified by the State Government by general or special order 
in this behalf. 

(2)   A copy of the Annual Statement of Accounts and the 
Balance-Sheet shall be submitted to the State Government which 
shall cause the same to be audited. 

Annual  Report 31. The Institute shall, as soon as may be, after the end of 
each financial year prepare the Annual Report and submit it to the 
State Government, before such date as may be prescribed and copy of 
such report shall be laid before both Houses of the State Legislature. 

Provident Fund 
and retiral 
benefits 

32. The Institute shall constitute provident funds and retiral 
benefits etc. for the benefit of its employees, in such manner and 
subject to such conditions, as per the orders of the State Government. 

Surcharge 33. (1) A member of the Institute, the Board, any authority or 
other body of the Institute, as the case may be, or an officer, other 
employees of the Institute shall be liable to surcharge for the loss, 
waste or misapplication of any money or property of the Institute, if 
such loss, waste or misapplication is a direct consequence of his/her 
neglect or misconduct. 

  (2)  The procedure of imposing surcharge and the manner of 
recovery of the amount involved in such loss, waste or misapplication 
shall be such as may be prescribed. 

 CHAPTER-VII 
Regulations 

Power to make 
regulations 

34. (1)  Subject to the provisions of this Act, the Institute 
may, with the previous approval of the State Government, make 
regulations to provide for any matter which is to be or may be 
provided for by regulations and without prejudice to the generality of 
this power, such regulations may provide for, namely :– 

 

30 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

(a)  the convening and holding of meetings, other than the 
first meeting, of the Institute, the conduct of the business at 
such meetings and the number of members necessary to form a 
quorum ; 

(b)  any matter in respect of the constitution of the Board or 
any Committee or other body to be constituted under this Act; 

(c)  the powers and functions to be exercised and 
discharged by the President and the Vice-President, other 
officers of the Institute; 

(d)  the allowance, if any, to be paid to the Chairperson and 
the member of the Board and of any Committee or other bodies 
constituted under this Act; 

(e)  the procedure to be followed by the Board or other 
authorities or other bodies constituted under this Act in the 
conduct of their business, exercise of their powers and 
discharge of their functions; 

(f)  the tenure of office, salaries and allowances and other 
conditions of service of the officers, teachers and employees of 
the Institute; 

(g)  the powers and duties of the Director and other officers 
and employees of the Institute; 

(h)  the management of the properties of the Institute; 
(i)  the degrees, diplomas and other academic distinctions 

and titles which may be granted by the Institute; 
(j) the creation of the posts of  teachers, officers and 

employees of the Institute, and the appointment of persons to 
such posts including the minimum qualifications requisite 
thereto; 

(k)  the fees and other charges which may be demanded and 
received by the Institute; 

(l)  the manner in which, and the conditions subject to 
which, provident funds and other retirement benefits may be 
constituted for the employees of the Institute; 
any other matter for which provisions may be made under this 
Act or by regulations. 

 (2) The first regulations under this Act, shall be made by the 
State Government by notification: 

Provided that until the regulations are so made, the provisions 
of the BYE-LAWS of the Society as in force before the commencement of 
this Act, as well as the regulations of the Sanjay Gandhi Post-Graduate 
Institute of Medical Sciences, Lucknow in matters where the BYE-LAWS 
are silent, shall mutatis mutandis continue to apply to the Institute in 
so far as they are not inconsistent with the provisions of this Act. 

(3) The Board may make new or additional regulations or may 
amend or repeal the regulations referred to in sub-section (2) with prior 
approval of the Institute. 

 CHAPTER-VIII 
Miscellaneous 

Authentica-
tion of orders 
and 
Instruments  
 

35. All orders and decisions of the Institute shall be 
authenticated by the signature of the Director or any other officer 
authorised by the Institute in this behalf and proceeding of the 
meetings of concerned authority or committee or other bodies of the 
Institute shall be authenticated by the signatures of the Chairperson 
and the Member-Secretary thereof.  

32 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

Acts and 
proceedings 
not to be 
invalidated by 
vacancies etc. 

36. No act done or proceeding taken by the Institute or any 
committee constituted under this Act, shall be questioned on the 
ground merely of the existence of any vacancy or defect in the 
constitution of the Institute or authority or any committee. 

Grant of 
degrees, 
diplomas etc. 

37. The Institute shall have powers to grant degrees, diplomas 
and other academic distinctions and titles under this Act. 

Withdrawal of 
degree or 
diploma 

38. The Board may, on the recommendation of the Academic 
Council, withdraw any distinction, degree, diploma or privilege 
conferred on, or granted to, any person, by a resolution passed by the 
majority of the members of the Board present and voting at the 
meeting, if such person has been convicted by a Court of law for an 
offence which in the opinion of the Board, involves moral turpitude or 
if he has been guilty of gross misconduct.   

Recognition of 
Medical 
Qualifications 
granted by the 
Institute 

39. Subject to the provisions of the Indian Medical Council  
Act, 1956 and other laws for the time being in force, degrees, diplomas 
and other distinctions granted by the Institute shall be recognised 
qualifications for the purposes of the said Act and other laws. 

Power of State 
Government to 
issue 
directions 

40. The State Government may issue such directions from 
time to time to the Institute on policy matters not inconsistent with 
the provisions of this Act, as it may deem necessary or expedient for 
carrying out the purposes of this Act. Such directions shall be 
complied with by the Institute. 

Power of the 
State 
Government to 
cause 
inspection  

41. (1)  The State 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 building, libraries, laboratories, workshops 
and equipment and also of the examinations, teaching and any 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 finances of the Institute. 

(2) Where the State 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 Board 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,  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 345 and 346 of the Code of Criminal  
Procedure, 1973 and the proceeding before him shall be deemed to be 
judicial proceedings within the meaning of sections 193 and 228 of 
the Indian Penal Code. 

(4) The State Government shall address the Director with 
reference to the result of such inspection or inquiry, and the Director 
shall communicate to the Board the view of the State Government 
together with such advice as the State Government may offer upon the 
action to be taken thereon. 

 

34 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

 

  (5) The Director shall submit a report to the State Government of 
the action taken or proposed to be taken within such time, it may fix. 

(6) If an authority of the Institute do not take action to the 
satisfaction of the State Government  within a reasonable time, may 
after considering any explanation which such authority may furnish, 
issue such directions as it may think fit, and the authority shall 
comply with such directions. 

(7) The State 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. 

Reference to 
the Visitor 

42. If any question arises whether any person has been duly 
elected or appointed as or is entitled to be, a member of the Institute, 
Governing Body, any authority or other body of the Institute or not, or 
whether any decision of the Institutes, Governing Body or any 
authority or other body of the Institute is in conformity with this Act or 
the rules or regulations made thereunder or not, the matter shall be 
referred to the Visitor and the decision of the Visitor shall be final: 

Provided that no reference made under this section shall be 
made more than three months after the date when the question could 
have been raised for the first time: 

Provided further that the Visitor may, in exceptional 
circumstances, act suo moto or entertain a reference after the expiry of 
the period mentioned in the preceding proviso. 

Returns and 
Information 

43. The Institute shall furnish to the State Government, 
State/Central Regulatory Bodies such reports, returns, statements and 
other information as may be required from time to time by them.  

Execution of 
contracts 

44. All contracts relating to the Institute and administration of 
the Institute shall be expressed as made by the Board and shall be 
executed by the Director.  

Transfer of 
Property  

45. The State Government may transfer to the Institute 
building , lands and any property whether movable or immovable for 
use and management of the Institute on such conditions and subject 
to such limitations as the State Government may deem fit for the 
purpose of this Act. 

Filling of 
casual 
vacancies 

46. All the casual vacancies among the members (other than 
ex-officio members) of any authority or other body of the Institute shall 
be filled, as soon as may be convenient, by the person or body who 
appoints or nominates the members whose place has become vacant 
and any person appointed or nominated to a casual vacancy shall be 
a member of such authority or body for the residue of the term for 
which the person whose place he fills, would have been a member. 

 

Proceeding of 
the 
authorities/ 
bodies not 
invalidated by 
vacancies 

47. No act or proceeding of any authority or other body of the 
Institute shall be invalidated merely by reason of the existence of any 
vacancy or vacancies among its members. 

Protection of 
persons 
acting under 
this Act 

48. No suit, prosecution or other legal proceedings shall lie 
against any person for anything which is in good faith done or 
intended to be done under this Act or the regulations made there 
under. 

36 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

Members and 
Employees of 
the Institute 
to be public 
servants  
 

49. Every  member and employee of the Institute, when acting 
are purporting to act in pursuance of the provisions of this Act or 
regulations or orders or directions made or issued there under shall be 
deemed to be a public servant within the meaning of section 21 of the 
Indian Penal Code, 1860.  

Mode of proof 
of the record 

50. (1) A copy of any receipt, application, notice, order, 
proceeding or resolution of any authority or committee of the Institute, 
or other documents in the possession of the Institute or any entry in 
any register duly maintained by the Institute, if certified by the 
Director so designated shall, notwithstanding anything contained in 
any other law for the time being in force, be admitted as prima-facie 
evidence of the matters and transactions specified therein, where the 
original thereof would, if produced, have been admission in evidence.   

(2) No employee of the Institute shall in any proceeding to 
which the Institute is not a party, be required to produce any 
document, register or other record of the Institute, the contents of 
which can be proved under sub-section (1) by a certified copy, or to 
appear as a witness to prove the matters and transactions recorded 
therein unless by order of the Court made for special cause. 

Transitional 
provisions 

51. Notwithstanding anything contained in any other provision 
of this Act, the Board of the Society functioning as such before the 
commencement of this Act shall continue to function for a period of one 
year or until a new Board is constituted for the Institute under this Act, 
whichever is earlier. 

Power to 
remove 
difficulties 

52. If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, by order, published in the Official 
Gazette, make such provisions, not inconsistent with the provisions of 
this Act, as appears to it to be necessary or expedient for removing the 
difficulty: 

Provided that no such order shall be made under this section 
after the expiry of two years from the commencement of this Act. 

  

 

38 



[Dr. Ram Manohar Lohia Institute of Medical Sciences Act, 2015] 

STATEMENT OF OBJECTS AND REASONS 
 

Dr. Ram Manohar Lohia Institute of Medical Sciences, Lucknow was initially 
conceptualized as a satellite centre of the Sanjay Gandhi Post-Graduate Institute of 
Medical Sciences to make available the super-speciality tertiary medical care. To 
provide quantum upgradation to the medical services, the Institute was registered 
under the Societies Registration Act, 1860 and it is functioning as an autonomous 
institution since 2006.  

It has been decided to make a law to provide for conferring on the said 
Institution, the status of a University so as to provide it to function more efficiently as a 
teaching and research centre to meet the requirement of higher education and research 
in pursuit of medical, para-medical and allied health services and to avail better scopes 
and opportunities to serve the society and the nation. 

Dr. Ram Manohar Lohia Institute of Medical Sciences Bill, 2015 is introduced 
accordingly. 

  

40 



 

  
 

 


Open official source document ↗

Official act and documents ↗

About this act

Jurisdiction
Uttar Pradesh
Enactment date
2018-09-12
Sections available
52

Read the sections

1Short title→2Definitions→3Establishment and incorporation of the Institute→4Institute open to all Classes & Creed→5Compositon of the Institute→6Terms of the office and cacancies among members→7Meetings of the Institute→8Objects of the Institute→9Powers & Functions of the Institute→10Officers of the Institute→11Visitor→12Power of President→13Vice President→14Director→15Powers & Functions of the Institute→16The Dean→17Finance Officer→18Authorities of the Institute→19Board of Governors→20Funtions of the Board→21Academic Council→22Finance Committee→23Ethics Committee→24Other Authorities→25Staff of Institute→26Appointment and promotion of Teachers and other staff→27Grant in Aid by State→28Funds of the Institute→29Budget of the Institute→30Annual Account and Balance Sheet→31Annual Report→32Provident Fund & Retiral Benefits→33Surcharges→34Power to Make Regulations→35Authentication of orders and Instructions→36Acts and Proceedings not to be invalidated by Vacancies etc→37Grant of degrees, Diploma etc.→38Withdrawal of Degrees or Diplomas→39Recognition of Medical Qualification Granted by the Institute→40Power of State Government to issue directions→41Power of the State Government to cause Inspection→42References to the Visitor→43Returns and Informations→44Execution of Contract→45Transfer of Property→46Filling of casual Vacancies→47Proceedings of the Authorities/ Bodies not invalidated by Vacancies→48Protection of persons acting under this Act→49Members and Employees of the Institute to be Public Servant→50Mode of Proof of the Record→51Transitional Provisions→52Power to Remove Difficulties→
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