THE KERALA MEDICAL OFFICERS' ADMISSION TO POST-GRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008*

ACT 29 OF 2008

16th October 2008

An Act to provide for quota of seats among Medical Officers of the State of Kerala and to have a selection procedure for admission to various Post-graduate Courses in the Medical Colleges under the service quota considering their service under the Government and for matters connected therewith or incidental thereto Preamble —WHEREAS, it is expedient to provide for quota of seats among Medical Officers of the State of Kerala and to have a selection procedure for admission to various Post-graduate Courses in the Medical Colleges under the service quota considering their service under the Government, BE it enacted in the Fifty-ninth Year of the Republic of India as follows— *Received the assent of Governor on the 16th October 2008 and published in the Kerala Gazette Extraordinary No 2297 dated 24th October 2008

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S.1 Short title and commencement

(1) This Act may be called the Kerala Medical Officers' Admission to Post-graduate Courses under Service Quota Act, 2008

(2) It shall come into force at once

S.2 Definitions

In this Act, unless the context otherwise requires,—

• (a) 'difficult rural area service' means the service rendered by a Medical Officer in a rural area declared by the Government as 'difficult rural area',
• (b) 'Government' means the Government of Kerala,
• (c) 'Head of Department' means the Director of Medical Education or the Director of Health Services or the Director of Insurance Medical Services or the Director of Municipal Administration of the State of Kerala, as the case may be, under whose control a Medical Officer serves,
• (d) 'Medical Officer' means a doctor with M B B S qualification who is in service under the control of a Head of Department and includes a lecturer or any other doctor with a different designation as the Government may specify,
• (e) 'Post-graduate Course' means any course of study after M B B S which may be a degree or diploma course declared as such in the prospectus,
• (f) 'Post-graduate Course Select
  

S.3 Selection of Medical Officers for admission to Post-graduate Course Under the Service Quota

Notwithstanding anything contained in the Indian Medical Council Act, 1956 (Central Act 102 of 1956) or any rule or regulation issued thereunder or in any judgement, decree or order of any court or authority, the selection of Medical Officers for admission to Post-graduate Course of study in the State under the service quota shall be made only under the provisions of this Act.

S.4 Constitution of Post-graduate Course Medical Selection Committee

(1) The Government may constitute a Post-graduate Course Selection Committee for the purpose of selection of Medical Officers under the service quota with the following ex-officio members, namely —

• (a) The Secretary to Government, Health and Family Welfare Department, Government of Kerala;
• (b) The Director of Medical Education,
• (c) The Director of Health Services,
• (d) The Director of Insurance Medical Services,
• (e) The Joint Director of Medical Education (M),
• (f) The Joint Director of Medical Education (G)

(2) The Secretary to Government, Health and Family Welfare Department shall be the Chairman and the Director of Medical Education shall be the Convener of the Committee.

(3) The Committee shall discharge its functions in such manner as may be prescribed

S.5 Procedure for selection

(1) The Government may set apart seats not exceeding forty per cent of the total seats available to State quota in an academic year, for selection of Medical Officers under service quota considering their service under the Government for admission to Post-graduate Medical Courses in the Medical Colleges of the State in such manner as may be prescribed

(2) The academic qualification for admission to the Postgraduate Course shall be M B B S degree with minimum fifty per cent marks and the other qualifications shall be such as may be prescribed

(3) The details of eligibility for admission, the duration of courses, allotment, fee to be paid, reservations of seats and such other details shall be published every year in the prospectus before the commencement of admission

(4) The Post-graduate Course Selection Committee shall finalise the selection list strictly based on the seniority in service of the Medical Officers and following such other criteria as may be presc

S.6 Weightage for rural service

Every Medical Officer who has 'rural area service' or 'difficult rural area service', as the case may be, in the State shall be given weightage in selection in such manner as may be prescribed

S.7 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Government or any of its officers or employees for any act or omission which is done in good faith or intended or omitted to be done under this Act

S.8 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder which appear to them to be necessary or expedient for the purposes of removing the difficulty

Provided that no order under this sub-section shall be issued after the expiration of a period of two years from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid before the Legislative Assembly

S.9 Power to make rules

(1) The Government may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes of this Act

(2) Every rule 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 it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule 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