For the purposes of this Act, the Commissionerate may, -
(a) levy fees, or other charges from such person or class of persons making use of the services of dispensary or hospital in accordance with such regulations as may be prescribed;
(b) to defray operating expenses, and to ensure better upkeep and hygenic conditions and sustained improvement of the dispensaries or hospitals;
(c) to continuously update equipment and modernise the services so as to keep pace with the advancement in the medical care facilities to the public and provide up-to-date facilities to the public;
(d) effect repayment of loans and other borrowings;
(e) provide for such other purposes, beneficial to the promotion of medical care, as the Commissionerate may determine.
10. Funds of the Commissionerate - (1) The Commissionerate shall have its own fund consisting of -
(a) the grants from Government voted by the Legislative Assembly of the State towards grants of the Commissionerate and grants received from the Central Government;
(b) all monies received by or on behalf of the Commissionerate under the provisions of this Act, or any other law for the time being in force, or under any other contract;
(c) all proceeds of the disposals of the property by or on behalf of the Commissionerate;
(d) all rents accruing from any property of the Commissionerate;
(e) all moneys received by or on behalf of the Commissionerate from public bodies, private bodies or private individuals by way of grants, gifts or deposits;
(f) all interests and profits arising from any investment of or from any transaction in connection with any money belonging to the Commissionerate.
(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner, as the Governing Council may decide.
(3) The Commissionerate may spend such sums as deemed fit, for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund.
11. Vesting of dispensaries and hospitals with the Commissionerate - 1[(1) 2[With effect from such date or dates as may be notified by the Government from time to time, - ]
(a) the control and management of all dispensaries, non-teaching hospitals, except such hospitals which are primarily dealing with implementation of National Health Programme like T.B. Control, Leprosy Control, shall stand transferred to and vest in the Commissionerate and shall function under the administrative control of the Commissionerate;
(b) all the properties, assets and liabilities, rights and obligations in relation to such dispensaries and non-teaching hospitals, and all obligations of the Government in relation to them shall devolve upon the Commissionerate;
(c) every officer or employee who, immediately before that date was working in such dispensaries and non-teaching hospitals shall continue to work on deputation with the Commissionerate till such time he exercises option to be absorbed in the service of the Commissionerate; and
1. Substituted by the Act No. 5 of 1987, S.2.
2. Substituted by the Act No. 36 of 2008, S.2.
(d) every officer or employee in the Directorate of Medical and Health Services and its subordinate offices who immediately before that date was dealing with such despensaries and non-teaching hospitals shall continue to work on deputation with the Commissionerate till he exercises the option to be absorbed in the service of the Commissionerate:
Provided that-
(i) the terms and conditions applicable to such officers and employees consequent on their absorption in the service of the Commissionerate shall not be less favourable than those applicable to such employees immediately before such absorption as respects pay and allowances, leave, pension, gratuity, provident fund and age of superannuation;
(ii) the service rendered by any such officer or employee in the aforesaid dispensaries, non-teaching hospitals and the Directorate of Medical and Health Services and its subordinate offices prior to their absorption in the Commissionerate shall be deemed to be service under the Commissionerate constituted under this Act and he shall be entitled to count that service for the purpose of increments, leave, pension, Provident fund and gratuity;
(iii) such of those officers and employees who do not opt for absorption in the service of the Commissionerate may continue on deputation;]
1[(e) The Commissioner may call for options from the employees who are working on deputation in the Andhra Pradesh Vaidya Vidhana Parishad from time to time and in subsequent dates from those employees who are working under the control of the Director of Health and the Director of Medical Education who are willing to work in the Andhra Pradesh Vaidya Vidhana Parishad for their absorption of their services in the Andhra Pradesh Vaidya Vidhana Parishad.]
(2) In addition to the staff 2[absorbed in] the Commissionerate under sub-section (1), the Commissionerate may appoint such other officers and employees on such terms and conditions, as may be prescribed from time to time.
(3) Every officer and employee 3[absorbed in]the Commissionerate under sub-section (1) shall, notwithstanding anything in this Act, continue to hold such post subject to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 and such rules as may be made under the proviso to Article 309 of the Constitution; and until such provision in that regard is so made, the law for the time being in force regulating recruitment and conditions of service applicable to such holder immediately before such date shall continue to apply such holder:
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CHAPTER IV MISCELLANEOUS
12. Members, Officers and employees of the Commissionerate to be public servants - (1) All members, officers and other employees of the Commissionerate shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made thereunder, to be public servants within the meaning of Section 21 of the
1. Clause added by the Act No. 36 of 2008, S.2.
2. Substituted by the Act No. 5 of 1987, S.2.
3. Substituted by the Act No. 5 of 1987, S.3.
4. Provisos omitted by the Act No. 5 of 1987, S.3.
Indian Penal Code, 1860 and the 1[Prevention of Corruption Act, 1947] for the time being in force.
(2) The words "State Government" and "Government" in Section 161 of the Indian Penal Code shall for the purposes of sub-section (1) be deemed to include the Commissionerate.
13. Protection of action done in good faith - (1) No suit or prosecution shall be entertained in any court against the Commissionerate or against any officer or servant of the Commissionerate or person acting under the order or direction of Commissionerate or any officers or servants of the Commissionerate for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.
(2) No suit, prosecution or other legal proceedings shall lie against any officer or servant of the Commissionerate for any act done or purporting to be done under this Act or any rule or regulation made thereunder without previous sanction of the Commissionerate.
14. Annual financial statement - (1) The Commissionerate shall prepare an annual financial statement on or before such date as may be prescribed by the regulations, of the estimated capital and revenue receipts and expenditure for the ensuring year.
(2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Commissionerate and of such other particulars as may be prescribed by the rules.
(3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table of the Legislative Assembly of the State.
(4) The Commissionerate shall take into consideration any comments made on the said statement in the Legislative Assembly of the State.
(5) The Commissionerate may at any time during the year in respect of which a statement under sub-section (1) has been submitted, submit to the Government a supplementary statement, and all provisions of this section shall apply to such statements as they apply to the statement under the said subsection.
15. Subventions and loans to the Commissionerate - (1) The Government may, with the approval of the Legislative Assembly of the State, from time to time make subventions to the Commissionerate for the purposes of this Act on such terms and conditions as the Government may determine.
(2) The Government may, from time to time advance, loans to the Commissionerate for purposes of this Act on such terms and conditions as the Government may determine.
16. Power of Commissionerate to borrow - (1) The Commissionerate may, from time to time, with the previous sanction of the Government and subject to the provisions of this Act, and to such conditions as may be prescribed borrow any sum required for the purposes of this Act.
(2) The Government may, for the purpose of this section, empower the Commissionerate to borrow by the issue of bonds or stocks or otherwise and to make arrangements with Bankers.
1. Now please refer to the provisions of the Prevention of Corruption Act, 1988 (Central Act No.
49 of 1988).
(3) The maximum amount which the Commissionerate may at any time raise as loan under sub-section (1) shall be ten crores of rupees unless the Government by notification fix higher maximum amount.
(4) Stocks issued by the Commissionerate under this section shall be issued, transferred, dealt with and redeemed in such manner as may be prescribed.
17. Guarantee of lands - The Government may guarantee in such manner as they think fit the payment of the principal and interest of any loan proposed to be raised by the Commissionerate or of either the principal or the interest:
Provided that the Government shall, so long as any such guarantees are inforce, lay before the Legislative Assembly of the State in every year during the budget session, a statement of the guarantees, if any given during the current financial year of the State, and an upto date account of the total sums, if any, which have been paid out of State revenues by reason of any such guarantees or paid into State revenues towards repayment of any money so paid.
18. Payment of interest to Government - In respect of assets of the Government which vest in the Commissionerate by virtue of the provisions of this Act, the Commissionerate shall pay interest on the cost of such assets at such rates as may, from time to time, be fixed by the Government in consultation with the Commissionerate and such interest shall be deemed to be a part of the expenditure of the Commissionerate.