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GOA, DAMAN AND' DIU t

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The Hospicio do Sagrado. Coragiio de Maria Hospital (vargao)

Bill, 1969 *.

[As published in -the governmat Gazette (supplement), %rim I, No. 20,4clated the 16th August, lW9]

GOA, -DAMAN- AND DIU LEGISLATURE DEPARTMENT ,ASSEMBLY HALL, PANAJI

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. GOVERNMENT OF GOA, DAMAN AND DIU * , L'egislative Assembly of Goa, Daman and Diu

Legislature Department

LA/A/7/1723/69 C

In exercise of the powers conferred on him by 5 . rule 117 of the Rules of Procedure and Conduct

of Business of the Legislative Assembly of Goa, Daman and Diu, the Speaker has ordered publication

, of the following Bill for general information.

- 10 The Hospicio do Sagrado Coracle de Maria ~ i s ~ i t a l - (Margaol Bill, 1939

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(Bill No. 8 of 1969)

A Bill to make better pravisivY for the control, management and maintenance of the hospital com- monly known as Hospital do Hospicio Margao, 15 together with the dispensaries attached thereto and used in connection therewith with a view to the promotion of public health and to take over for _ that purpose the inanagement of all the property belonging to the said hospital or held for the benefit 20 thereof.

Whereas i t is expedient in the public interest to make better provision for the control, management and maintenance of the hospital commonly known as Hospital do Hospicio Margao, together with the 25 dispensaries attached thereto and used in connection - therewith with a view to the promotion of public health and to take over for that purpose the manage- ment of all the property belonging to the safd hos- pital or held for the benefit thereof; 30

Be it enacted by the Ggis1ativ'e Assembly of Goa, Daman and Diu in the Twentieth Year of the RepubIic of India as follows : -

1. .Short title and cammencement. - (1) This Act may be called the Hospicio do. Sagrado Coraggo de 35 Maria Hospital (Margao) Act, 1969, -

(2)f \It shall come into force on such date-as the Government may, by notification - in the Official Gazette, appoint. .. , .

2. Definitions. -In this Act, unless the ont text otherwise requires, -

(a) <<Board, means the Boad-of M(anagement of the Hospicio do Sagrado CoragIo de Maria Hospital (Margao) ;.

( b ) <Government>) means the Administrator of ^

the Union territory of Goa., Daman and Diu appointed by the President under article 239 of the Constitu- tion ;

(c) <<Hospicio .Hospital, means the Hospicio do Sagrado Coraggo de Maria, Hospital (Margao) to- - gether with the dispknsaries at&ched thereto and used in connection therewith and includes all labora- tories, libraries, wards and rooms. used in connection with or as accessories to or adjuncts of the said. hbspital or dispknsaries ;

(d) <prescribed$ means prescribed by rules made under this Act.

3. ~nco&ration. - (1) With eff e& from such date as the Government may, by-notification in the +

Official Gazette, '.appoint ,(herein&fter referred 40 in this A& a& the "appointed day"), the- entire manages. ment and control of the Hospicio Hospital together with- . . . - - . - . . ,"

(a) all lands thereof and appurtenant thereto and all buildings, erectcons and fktures bn 'such lands,

( b ) all furniture, eflprpentsi stores, drugs, monies and other assets of the Hospicio Hospital, and . . . (c) * a 1 other properties and assets of the Hospicio ,

Hospital which immediately before the appoirited day vested in the Managing Committee of the Hos- pioio do Sagr&d'07 CoraqBo de Mafia under Portaria ' Provincial No: 1113 dated 13-4-1931, I

shall stand transferred to and v& in the Board. ,(2). -The Board shall be -a body carporate haviqg

perpetual succession and a common seal and shall by , a . the said nqme syy3 .and be suqd, . . . - - -- - , . -

. 4. ~nstitutiom*of Boa.rd. - (1) The Board shall

consist of five members to be nominated' by the Government and shall include the following, namely: -

(a) an officer of the Directorate of Health ~ e r - vices: Government of 'Goa, :Daman and Diu, .

!b) an officer 01 the Finance ~ep i r tment , ~ g v e r n - ment of Goa, Daman and Diu, Cc) two prominent medical practitioners residing

in the Union territory-of Goa, Daman and Diu and (dl a Professor of the Goa Medical College,

Panaji. . (2) The Government shail nominate a member of.

the Board to be the chairman thereof. 4 3 ) The Chairman shall, with the previous ap-

proval of the Government, appoint a person to be the Secretaqy of the Board.

(4) All members of the Board and ser- vants of the Hospicio shall be deemed to be public servants within the meaning of section 21 of- the Indian Penal Code. 45 of 1860

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5. Eekigoation from Of& a ember. - A m w e r of the Board may resign his office by giving notice ;in. writing. to 'the' Government an8 -ke shall -be deemed to have vacated his office wi.j% effect from the date on which the resignation is accepted.

6. Term of Office mil Casual Vacancies. - (1) A member of the Board shall hold office for such term as the Government may direct in the order of his nomination. (2) A casual vacancy in the office of a inember

opthe Board shall be filled by fresh .nomination and the member so nominated to fill the vacancy shall hold -office only ,for the remainder of thep term for which the member in whose place he is nomi- nated would have helck office.

7. Poweis and duties of Board. - The Board shall exercise the following-powers and pe&rm the follow- ing duties, namely: -

(a) to maintain the Hospicio HospitaI with a view 40 to providing a high standard of medical care and

attentian to the general public without 'distinction of race; caste, creed, sex or age;

( b ) ' to receive gifts, donations . or benefactions from the Government and to receive bequests, dona-

5 tions and transfer, of movable o r immovable pro- perties from any person or persons; "

(c) to deal with any property belonging to or vested in the Board in such manner as the Board may deem fit for advancing the objects specified

XO im,clause (a ) ; and

' (d ) to do such acts as may be necessary, inci- dental or conducive to the attainment of objects specified in clause ( a ) . -

8. Validity of acts of Board not to be ques- 15 tioned by reason of vacancy etc. -No act of the

Board shall be deemed to be invalid merely by reason of any vacancy in, or any defect in the cons- titution of, the Board.

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9. Transfer of Property of the Hospicto do Sagrado 20 , C o w , de- Maria. - (I) As from the appointed.

day, the @iisting Mgnaging C o b i t t e e of. the Hos- '*picb do ' ~a&ad~ : ccfi#p&o O O de 'Maria ,in :*tion. to

6 the 'Bospicio HospiW spa11 .stzind 'aissob@iT .aria ,U1 property %movable , and immovable mefiioned in

25 section 3 and all rights, powers and privileges in respect of the Hospieio Hospital which, immedia- tely before the appointed day, vested in the said Managing Committee shal1,vest in the Board.

(2) Any will, deed or 'other document,.'whether 30 made or executed before or after the commence-

ment of this Act, which contains any bequests, gifts or trust in favour of the Hospicio do Sagrado Cora- 950 de Maria for the. benefit or in respect of the Hospicio Hospital shall as from the appointed day,

35 be construed as if the Board was therein named ins- tead of the Hospicio dq. Sagrado CoragBo de Maria.

(3 ) As from the appointed day all contracts, deljts and liabilities of the Hospicio Hospital shall be deemed to be contracts, debts and liabilities of the

,40 -Board: :. , -

10. Creation of Hospicio HspitaI Fund. - The Board shall, in accordance with.thc rules made by Government .in this behalf, create and maintain a

.fund to be called the ctHospicio Hospital, Fund, into which all receipts and income of the Board shall be paid and out of which all expenses and disburse-

-merits of tlie Board shall be made.

11. Power of Government to give directions. - The Government may from time to time give to the Board such directions as it may deem fit and neces- sary, and the Board shall carry out those directions.

12. Approval of Government to Board Budgets. - (1) The Board shall frame a budget for every finan= cia1 year and submit the same to the Governmeht for approval.

-' (2) The Government may approve the budget with or without modifications.

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- 13. Power to supersede - Board. - (1) If the Government is of the opinion that the Board i s un- able, to perform, or has persistently made default ' in the performance of, the duties-imposed on i't by or under this Act, or =@as -exceeded or - abused its

- 'pbwfs, : dr5has p o t " ccrihpl%&il',wjth- -t&q &Pe'dt;ions issued to to* by the Government, the 'Gbvernment

-may, by notification in the Official Gazette, super- sede the Board for such period as -may be specified in the notification:

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Prdvided &at before issuing the not#ica.th under thg sub-mtibn, the & m e n 2 shaJ1 give a reason- aible opportunity to the Bolard" to .show awe why it should .npt be sruphd land sh&lll ccoafTirPer the explaination .. . and olbjeetioni, 8 any, d the Ebard.

'(2) Upon the pub~clation of the notiifircatim under "sub-section (1) ,-- - -.

(a) all ithe'rnmbem of the &ad shaltl, as from the date of supersession, vacate their office as such miemhers. . ;

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(a) all ~ l i p a w e m apci &ties under the p r ~ i l o i n s of this Act to be exercised or performed by or on behalf of tZle Board &aU, dtu-ing tbe peribd of super-

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session, be exercised and performed by sucb person or persons as the Oovm~-t slay direct, and

(c ) all property vested in the EPtrard shall, during the peribd of supersession, -vest in &,.GolvWnpent,

5 (3) On the expiration of the period of superses- don specified ih the ,notification issued under sub- -wetiin (I), the Government may -

(a) extend the period of snqpezse~on for such . further terms as it may consider necessary, or

YO ( b ) reconstitute the Bard ih the manner provtkled in section 4. I =

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14. Power to make Eules. - (1) The Government ' - may, by notifimtion irIl the Qffia'ztl Gazette, make

- . rules to carry out the purposes of this Act.

15 (2) In ~particuk, -land witthout pwjuciiw to the generality of the foregoing power, such rules may provide for -

(a) the manner ih whioh the tMongings of the Bmrd shall be de$adited or illlvested, .

io I ( b ) :$he mode oi ituthmticatibn of o~~ for pay- ..me@ of money by the Boar& . , . .. . .

. .: Cc) fmm-% &ich accounG &dl&- kPt @ -.

the Board and audit and p~bIic8tion'~f such accounts, ( d ) creation and maintenance of the fund inder

25 section 10.

(3) Every ,rule made. under this swtioa shall as soon as 'may be after it is made, be laid M o r e the

- . hgblatihre Assembly d W, D d and Dm while it is in session for a total period of thirty days which ,

30 may 'bq colriprbed in one s&on or in two s u d P e sessions and if Mm the expiration d h m l o n , itn wlhi~ch it. is so laid w.,the! session immedi'a.tdy f ~ l l ~ g , the Assembly agrees in making any mod& fication in the rule or the Assembly agrees that I

35 the rule should not be made and notifies such dwisibn $n %the Official Gazette, the rule shdl,. from the date d publieation d such notification, 'have effect only in such modified form or be of no effect, 8c as the case may be, so, however, that any such modi-

EZO fication, or 'annulment shall be withaut. prejudice to

the validity of anything previously done or permitted to be done under that rule.

15. Power of Board to make Regulations. - The hard may, with the prevbm 8appor~vd of the Go- vernmmt, make mgula%m nat ikmndeslt with the 5 provisions of this Act and the rules made thereuncler for all or any of the following purposes, namely: (0) &le manner :in which mdngs of the l3w-d

Sh~n &? ~coI IT~~~, 't!he'q~WW!l for & iolf any business thereat and the procedure at such 10 m~wbings,

( b ) the manner ih whilclh a mjomity d&bl of the Board be oiblxdnled by cikd;tW to%e members of @e matter ~ u ~ g decbion, h d ' . -

(cj - the a . p p i n b ~ ~ ~ t 06 B U C ~ m d savants 15 a a ~ b e n ~ f m t h e ~ d c l a r r g i n g o u t theobjeeb sped&& h &m7 and&eItienrm;s and \

conditions of theif service. ' . *

16. Powem to remove difficulties. - If any diffi- c r u l t y ~ h , ~ & d e o t t b ~ e ~ ~ o l f ~ 20 Act, the @-lent may, ocm@a-q*, lby order do anything not inconsistent with this Act which larppdak to ik Q be nemxdy f w removing the difficulty: .

hiid$- &ai no o+dw srhd4 be bade under t!h& 25 section after the expiry of a period of two years from the commencement of this Act.

17. Repeal. - On the commencement of this Act, the provisions of Estatutos do Hospicio do Sagrado Corafio de Maria de Margio, approved by Portaria 30 ProvinciJ No. 1113, of 13-4-193;1, relating to the Hospicio Hospital (but not relating to the other activities of the Hospicio do= Sagrado Cora~5o de . Maria), shall stand repealed.

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Financial memorandum ' d 1. .-

~ h i ! BY1 i;ovidex for coqsti%ution d the Manage- ment Bolak $ f~ , the hospital known as HwpkAo at '

, Rarg,kt Tbq objects of thd Ma-naeen t B p r d el be; to, pqvide a *high &and& -of mgikal -&wand

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a&ntion +to the general .pub11"c ,bd$hout dis@nction. i5f race, +st&, creed, zspc qr age inore az less i~,t .he ' sam;' manner as in Governhent hospitaJs. :To+ achieve this object the 'Tioard $vill need 'grant-in-aid': eve~y -

" year from tihe' Govqmment which iskbieiing paikl even % now. The' graliit-&aid cufnm~ly being _piaid 'for

manning of the Hospioib HospitAl a t Mzg-gBo is Fb. 9 . . lakfis per & n m . The eq&diItw dn'running thid _ _ fiqspitaf ib about h. 11.6 1 ~ s . w s h e a l l g' -

. met by the hos~ital from its own. i n m e , As *thy , ' : MAnagment Boaid tb tb b e m t u e r the Bill , will be expleated to provikle hosp1ita.1 &re in :the. same '

h n n q as in Govehment hwpith$td,the E+&d ' ~ 1 1 have praqWcally; +no ~&mne+ of ip m. Therefore,

- the . Board w$fll. have , to be, giwp cdt per cent gr&t4n+id by *the G606vernment. p e . ;.amo+t . d . gra&.in-aiid is empected to Be a b u t Rs. 11.5 l&hs '

pek annulm. @&tion ;to the nmdt".&ant4n-aid the ho-qltdls will peed iabazlt Rs. 5 lakhs as granbri-c

v -d& for -capikal uyo~ks such"- cppansion d fiaccirli- '

ti& kt@' - 1 a . I " -., . " .,

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, * . . " Meqorandum of* beie$Ated Legislation. * v F

' .clause 10 enabfle the Gqprnmnent to qake Rul& ,

for -the' crea.tilon*and $dnit;en;Znw d ..a fyd to 'be . . cdled the <tHospicib Fhnd,. Clause 14 spcifi& the

- vhious m6tt.e~ iifjresp& k3f whi@ Rules mqy b e -made by, the Government for..iwhieving. the objects =

8 of 'the Bill, . , L . < . - Olause 15 8peciifies.the va.ri46 & a t & ~ h ~ ~ w t .

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of which %the Boa* may, 64th the approval of the ~ v e ~ ~ q t m a k e r e g u l a t i o n s . . .

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The mtters in respect d d i k h powers have been. . delealted %o miake rulk and regulations are ma;Aders,

of detail .and pwwdwe imd asl such ithe ddegatim of , RuIk. making poiver is of noypal and routiie nature?'

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Statemecll of Obiects and Reasons +

' .The Hospital kno\G g6 the "Hospicio dto Sagra-do

Cora~Ho de Maria" a t Mmgao was established u n d e ~ the provisions of. Estatutos do Hospicio do Sagrado ,

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Co1:agLo de Mafia de Margao as approyed byportaria Provincial-. No., 1113 of 13-4-1931. The experience, . . has ‘shah, -that it' wovld- be-*no lodger pciksible to manage ' the . H o s p i ~ I I accprdance, with the provi- sions of the $aid. Estatutos and since the financial position of th8 Hospital is not 'very ?ound, .the Government 4"f the Uni6n Territory'of Goa, Daman and Diu has Do give' annual &ants-in-aid to enable the Hospit.1 to' provide' medical care t6 the public

, at large: The:i,bject of the present Bill is tb makd , bett9er provision for the ~ontrol , management and

*-' ,maintenance of the Hospital togetfiec with. !he dis- pensaries attached thereto ~ n d used in connection therewit& with a ?iew to #the pYomotion of public

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health; and to trhrisfer'for that purposeathe rnanage- ment of all the property.belonging"to the g&i*d Hospi- , tal or held f6r th'e bedsfit thereof to the"Boar& of

. Management oT"h6 HospicioB do @grad0 Corqc$ib ". ' $

de Maria (Margao). I P

> + % " , * L

, Paqaji, Y . G. G. NEANE@I~; ,*

26th <u~Y, 1969. s A ' Ministet far' public Health.

" Phaj i , ~ecretaity' to &he ~ e ~ s ! a t i ~ e - 12th ~ u g u s t , 1969. Bsse~bly of Coa, Daman and Diu. '" *

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h " " , C . L - r * C i A ,

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Adlliin&tratorla recomniendati~n under sec- I '

e - tion 23 of. the Go&,.Daman alid Diu Union Territories Act, 1963: .

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In . exercise of the -pctvers conferr&& upon him $

by. subdection (3) of secti,on 23 df the Gpvernment of Union Territories Act, 1963, the Administrator of - Goa, ' Daman and Diu has recommended to the Legislative Assembly of Goa, -'Daman and Diu the introduction and ooqsideration of the ESospicio do Sagrado CoracHo de MarJa Hospital (Margao) Bill, 1969.