The National Institute of Mental Health and Neuro-Sciences, Bangalore Act, 2012
Administered Ministry: Ministry of Health and Family Welfare / Department of Health and Family Welfare
Section
Section 21 Pension and provident funds.
(1) The Institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be specified such pension and provident funds as it may deem fit.
(2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to, such fund as if it were a Government Provident Fund.
(2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to, such fund as if it were a Government Provident Fund.
Section 22 Authentication of orders and instruments of Institute.
All orders and decisions of the Institute shall be authenticated by the Director or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of the Director or such officers as may be authorised by the Institute.
Section 23 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 24 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 and nursing degrees, diplomas, certificates and other academic distinctions and titles under this Act.
Section 25 Recognition of medical qualifications granted by Institute.
Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Rehabilitation Council of India Act, 1992 (34 of 1992), the Indian Nursing Council Act, 1947 (48 of 1947) and the University Grants Commission Act, 1956 (3 of 1956), the medical degrees, diplomas, nursing degrees and certificates 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 Schedule to the respective Acts.
Section 26 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 27 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 or difference arises between the Institute and the Central Government, the decision of the Central Government thereon shall be final.
Section 28 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 29 Transfer of service of existing employees.
Subject to the provisions of this Act, every person who is employed in the National Institute of Mental Health and Neuro-Sciences, Bangalore, immediately before the commencement of this Act, shall, on and from such commencement, become an employee of the Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of commencement of this Act if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations:
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government.
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government.
Section 30 Power to make rules. 1 docs
(1) The Central Government may in consultation with the Institute by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(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 of members under sub-section (8) of section 6;
(c) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (2) of section 7;
(d) the allowances to be paid to the President and other members of the Institute under section 9;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 11;
(f) appointment of Director and other officers and employees and salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute under section 12;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 18;
(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 19;
(i) the form of annual report under section 20;
(j) any other matter which has to be or may be prescribed by rules.
(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 of members under sub-section (8) of section 6;
(c) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (2) of section 7;
(d) the allowances to be paid to the President and other members of the Institute under section 9;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 11;
(f) appointment of Director and other officers and employees and salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute under section 12;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 18;
(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 19;
(i) the form of annual report under section 20;
(j) any other matter which has to be or may be prescribed by rules.
Section 31 Power to make regulations. 1 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 10;
(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 power, discharge of their function under section 11;
(c) the powers and duties of the Director of the Institute under sub-section (4), the designations and grades of other officers and employees under sub-section (5) and other conditions of service under sub-section (6) of section 12;
(d) the power of the Institute under section 14, to specify--
(i) courses and curricula for undergraduate and postgraduate studies under clause (e);
(ii) hold examination and grant degrees, diplomas, certificates 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 clauses (k) and (m);
(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 21;
(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 10;
(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 power, discharge of their function under section 11;
(c) the powers and duties of the Director of the Institute under sub-section (4), the designations and grades of other officers and employees under sub-section (5) and other conditions of service under sub-section (6) of section 12;
(d) the power of the Institute under section 14, to specify--
(i) courses and curricula for undergraduate and postgraduate studies under clause (e);
(ii) hold examination and grant degrees, diplomas, certificates 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 clauses (k) and (m);
(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 21;
(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 32 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 33 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 provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty:
Provided that no such order shall be made after the expiry of the 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 after the expiry of the 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.