The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008
Administered Ministry: Ministry of Health and Family Welfare / Department of Health and Family Welfare
Section
Section 21 Authentication of orders and instruments of Institute.
All orders and decisions of the Institute shall be authenticated by the signature of the Director or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of such officers as may be authorised by the Institute.
Section 22 Acts and proceedings not to be invalidated by vacancies, etc.
No act done or proceeding taken by the Institute, Governing Body or any standing or ad hoc committee under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Institute, Governing Body or such standing or ad hoc committee.
Section 23 Grant of medical degrees, diplomas, etc., by Institute.
Notwithstanding anything contained in any other law for the time being in force, the Institute shall have the power to grant medical, dental, nursing degrees, diplomas and other academic distinctions and titles under this Act.
Section 24 Recognition of medical qualifications granted by Institute.
Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956) the Dentist Act, 1948 (16 of 1948) the Indian Nursing Council Act, 1947 (48 of 1947) the medical degrees and diplomas, dental degrees and nursing degrees granted by the Institute under this Act shall be recognised medical qualifications for the purposes of the Acts aforesaid and shall be deemed to be included in the Schedules to the respective Acts.
Section 25 Control by Central Government.
The Institute shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act.
Section 26 Resolution of differences.
If in, or in connection with, the exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government thereon shall be final.
Section 27 Returns and information.
The Institute shall furnish to the Central Government such reports, returns and other information as that Government may require from time to time.
Section 28 Transfer of service of existing employees.
(1) On and from the date of commencement of this Act, every employee holding a post in the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, before that date, shall hold the post in the Institute by the same tenure, and upon the same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such post as if this Act had not been passed and shall continue to do so as an employee of the Institute for a period of 1 [three and one-half years] from the date of the commencement of this Act, unless he, within the said period of 1 [three and one-half years], opts not to be an employee of the Institute or until his tenure, remuneration or other terms and conditions of service are duly altered by the regulations:
` 2 [Provided that the employees, who have, or as the case may be, who have not, exercised their option and not transferred out of the Institute as on the date of coming into force of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011 (10 of 2011), may exercise their option afresh before the specified period:
Provided further that] the officers of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry belonging to the Central Health Service, who opts to be an employee of the Institute then, his appointment, pay, allowances and other terms and conditions of service shall be such as may be prescribed.
(2) Every person, who opts not to be an employee of the Institute within the period so specified, shall be governed by the rules and orders as are applicable to the Central Government officers and employees of equivalent rank.
(3) Subject to the provisions of this section, the tenure, remuneration and other terms and conditions of service including pension of any employee of the Institute shall not be altered to his disadvantage without the previous approval of the Central Government.
` 2 [Provided that the employees, who have, or as the case may be, who have not, exercised their option and not transferred out of the Institute as on the date of coming into force of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011 (10 of 2011), may exercise their option afresh before the specified period:
Provided further that] the officers of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry belonging to the Central Health Service, who opts to be an employee of the Institute then, his appointment, pay, allowances and other terms and conditions of service shall be such as may be prescribed.
(2) Every person, who opts not to be an employee of the Institute within the period so specified, shall be governed by the rules and orders as are applicable to the Central Government officers and employees of equivalent rank.
(3) Subject to the provisions of this section, the tenure, remuneration and other terms and conditions of service including pension of any employee of the Institute shall not be altered to his disadvantage without the previous approval of the Central Government.
1 Subs. by Act 10 of 2011, s. 2, for "one year" (w.e.f. 27-8-2011).
2 Subs. by s. 2, ibid., for "Provided that" (w.e.f. 27-8-2011).
2 Subs. by s. 2, ibid., for "Provided that" (w.e.f. 27-8-2011).
Section 29 Power to make rules. 3 docs
(1) The Central Government, after consultation with the Institute, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act:
Provided that consultation with the Institute, shall not be necessary on the first occasion of making of rules under this section, but the Central Government shall take into consideration the suggestions which the Institute may make in relation to the amendment of such rules after they are made.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of nomination of members under clauses (j) and (k) of sub-section (1) of section 5;
(b) the manner of filling vacancies under sub-section (8) of section 6;
(c) the powers and functions to be exercised and discharged by the President of the Institute under section 7;
(d) the allowances to be paid to the President and other members of the Institute under section 8;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute appointed by the Institute under section 11;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 17;
(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 18;
(i) the form of annual report under section 19;
(j) any other matter which has to be or may be prescribed by rules.
Provided that consultation with the Institute, shall not be necessary on the first occasion of making of rules under this section, but the Central Government shall take into consideration the suggestions which the Institute may make in relation to the amendment of such rules after they are made.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the manner of nomination of members under clauses (j) and (k) of sub-section (1) of section 5;
(b) the manner of filling vacancies under sub-section (8) of section 6;
(c) the powers and functions to be exercised and discharged by the President of the Institute under section 7;
(d) the allowances to be paid to the President and other members of the Institute under section 8;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute appointed by the Institute under section 11;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 17;
(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 18;
(i) the form of annual report under section 19;
(j) any other matter which has to be or may be prescribed by rules.
Section 30 Power to make regulations. 2 docs
(1) The Institute with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for--
(a) the summoning and holding of meetings, other than the first meeting, of the Institute, the time and place where such meetings are to be held and the conduct of business at such meetings under section 9;
(b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies therein, the allowances to be paid to the members and the procedure to be followed by the Governing Body; standing and ad hoc committees in the conduct of their business, exercise of their powers, discharge of their functions under section 10;
(c) the powers and duties of the Director and other officers and employees of the Institute under sub-sections (3) and (4) and other conditions of service under sub-section (5) of section 11;
(d) the power of the Institute under section 13, to specify--
(i) courses and curricula for undergraduate and postgraduate studies;
(ii) hold examination and grant degrees, diplomas and other academic distinctions and titles under clause (h);
(iii) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such posts under clause (i);
(iv) the management of the properties of the Institute under clause (k);
span@ (v) the fees and other charges which may be demanded and received by the Institute under clause (l);
(e) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 20;
(f) any other matter for which under this Act provisions may be made by regulations.
(2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Central Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).
(a) the summoning and holding of meetings, other than the first meeting, of the Institute, the time and place where such meetings are to be held and the conduct of business at such meetings under section 9;
(b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies therein, the allowances to be paid to the members and the procedure to be followed by the Governing Body; standing and ad hoc committees in the conduct of their business, exercise of their powers, discharge of their functions under section 10;
(c) the powers and duties of the Director and other officers and employees of the Institute under sub-sections (3) and (4) and other conditions of service under sub-section (5) of section 11;
(d) the power of the Institute under section 13, to specify--
(i) courses and curricula for undergraduate and postgraduate studies;
(ii) hold examination and grant degrees, diplomas and other academic distinctions and titles under clause (h);
(iii) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such posts under clause (i);
(iv) the management of the properties of the Institute under clause (k);
span@ (v) the fees and other charges which may be demanded and received by the Institute under clause (l);
(e) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 20;
(f) any other matter for which under this Act provisions may be made by regulations.
(2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Central Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).
Section 31 Laying of rules and regulations before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
Section 32 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section, after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made under this section, after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.