06-29-2006, 02:27 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Ramadoss flouts Act, ignoring OoP too? </b>
Pioneer.com
Praveen Kumar | New Delhi
Union Health Minister Anbumani Ramadoss' continuation as the president of the All-Indian Institute of Medical Sciences (AIIMS) is "illegal" and against AIIMS Act. Now, observers say, this could add to his problems. Â
<b>For, faculty and students want to know whether holding the AIIMS president's office, along with Minister's post, would make him fit for disqualification from the Lok Sabha. Despite the perks and allowances, Ramadoss enjoys as the president of the institute, AIIMS has failed to find a mention in the Office of Profit Bill, recently passed in Parliament.</b>
According to the AIIMS Act, no provision provides for the nomination of Health and Family Welfare Minister as president of the institute and the Ministry has only the right to nominate its president.
Whereas, explaining various grounds of disqualification from <b>membership of Parliament, the very first clause of Article 102 of the Constitution says: "Person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or of any State, other than an office declared by Parliament by law not to disqualify the holder."</b>
Even eminent lawyers feel this issue needs to be discussed seriously as it is affecting the autonomy of a premier institute such as AIIMS.
<b>"In my view, the Office of Profit Bill is only applicable to the Members of Parliament and I am not sure whether his (Ramadoss) post as president of AIIMS falls under this law. But if we look at the AIIMS Act, his appointment as president is definitely illegal,"</b> said constitutional expert KTS Tulsi.
Supreme Court lawyer Ashok Arora adds: "If the Health Minister enjoys the perks and allowances, which comes with the (AIIMS) president's office, then his post definitely falls under the relevant sections of Office of Profit (Bill). His continuation is then totally illegal and unethical."
Under the existing legal framework, the Union Health Minister's continuing as the AIIMS president is obviously questionable.
<b>"The Minister enjoys all the perks and allowances (allowed) by the institute. Whenever a meeting of the institute body is being held, conveyance is provided (to Ramadoss). Recently, all facilities were provided to the Minister during his stay at the (AIIMS) guest house. He has appointed an OSD in his capacity as the institute president, who is enjoying the same perks. He is an MP. How can he hold an office where he enjoys all the allowances, apart from those which his ministry provides?"</b> a senior AIIMS faculty member questions.
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Pioneer.com
Praveen Kumar | New Delhi
Union Health Minister Anbumani Ramadoss' continuation as the president of the All-Indian Institute of Medical Sciences (AIIMS) is "illegal" and against AIIMS Act. Now, observers say, this could add to his problems. Â
<b>For, faculty and students want to know whether holding the AIIMS president's office, along with Minister's post, would make him fit for disqualification from the Lok Sabha. Despite the perks and allowances, Ramadoss enjoys as the president of the institute, AIIMS has failed to find a mention in the Office of Profit Bill, recently passed in Parliament.</b>
According to the AIIMS Act, no provision provides for the nomination of Health and Family Welfare Minister as president of the institute and the Ministry has only the right to nominate its president.
Whereas, explaining various grounds of disqualification from <b>membership of Parliament, the very first clause of Article 102 of the Constitution says: "Person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or of any State, other than an office declared by Parliament by law not to disqualify the holder."</b>
Even eminent lawyers feel this issue needs to be discussed seriously as it is affecting the autonomy of a premier institute such as AIIMS.
<b>"In my view, the Office of Profit Bill is only applicable to the Members of Parliament and I am not sure whether his (Ramadoss) post as president of AIIMS falls under this law. But if we look at the AIIMS Act, his appointment as president is definitely illegal,"</b> said constitutional expert KTS Tulsi.
Supreme Court lawyer Ashok Arora adds: "If the Health Minister enjoys the perks and allowances, which comes with the (AIIMS) president's office, then his post definitely falls under the relevant sections of Office of Profit (Bill). His continuation is then totally illegal and unethical."
Under the existing legal framework, the Union Health Minister's continuing as the AIIMS president is obviously questionable.
<b>"The Minister enjoys all the perks and allowances (allowed) by the institute. Whenever a meeting of the institute body is being held, conveyance is provided (to Ramadoss). Recently, all facilities were provided to the Minister during his stay at the (AIIMS) guest house. He has appointed an OSD in his capacity as the institute president, who is enjoying the same perks. He is an MP. How can he hold an office where he enjoys all the allowances, apart from those which his ministry provides?"</b> a senior AIIMS faculty member questions.
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