The National Institutes of Pharmaceutical Education and Research Act, 1998
Administered Ministry: Ministry of Chemicals and Fertilizers / Department of Pharmaceuticals
Section
Section 20 Grants by Central Government.
For the purpose of 1[enabling the Institutes] to discharge its functions efficiently under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, 2[pay to each Institute] in each financial year such sums of money and in such manner as it may think fit..
1. Subs. by Act 43 of 2021, s. 21, for "enabling the Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 21, ibid., for "pay to the Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 21, ibid., for "pay to the Institute" (w.e.f. 25-5-2022).
Section 21 Fund of Institutes.
Fund of 1[Institutes].--(1) 2[Every Institute shall] maintain a Fund to which shall be credited—
(a) all moneys provided by the Central Government;
(b) all fees and other charges;
(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and
(d) all moneys received by the Institute in any other manner or from any other source.
(2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
(a) all moneys provided by the Central Government;
(b) all fees and other charges;
(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and
(d) all moneys received by the Institute in any other manner or from any other source.
(2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act.
1. Subs. by Act 43 of 2021, s. 22, for "Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 22, ibid., for "The Institute shall" (w.e.f. 25-5-2022).
2. Subs. by s. 22, ibid., for "The Institute shall" (w.e.f. 25-5-2022).
Section 22 Setting up of endowment fund.
Notwithstanding anything contained in section 21, the Central Government may direct 1[every Institute] to--
(a) set up an endowment fund and any other fund for specified purpose;
(b) transfer money from its Fund to endowment fund or any other fund.
(a) set up an endowment fund and any other fund for specified purpose;
(b) transfer money from its Fund to endowment fund or any other fund.
1. Subs. by Act 43 of 2021, s. 23, for "the Institute" (w.e.f. 25-5-2022).
Section 23 Accounts and audit.
(1) 1[Every Institute[ shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be specified, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of 2[every Institute] shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India.
((3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the 3[accounts of any Institute] shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of 2[every Institute] as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
(2) The accounts of 2[every Institute] shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India.
((3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the 3[accounts of any Institute] shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute.
(4) The accounts of 2[every Institute] as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
1. Subs. by Act 43 of 2021, s. 24, for "The Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 24, ibid., for "the Institute" (w.e.f. 25-5-2022).
3. Subs. by s. 24, ibid., for "accounts of the Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 24, ibid., for "the Institute" (w.e.f. 25-5-2022).
3. Subs. by s. 24, ibid., for "accounts of the Institute" (w.e.f. 25-5-2022).
Section 24 Pension and provident fund. 1 docs
1[Every Institute] shall constitute, for the benefit of its employees, including the Director, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit. .
(2) Where any such provident fund has been so 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 provident fund has been so 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.
1. Subs. by Act 43 of 2021, s. 25, for "The Institute" (w.e.f. 25-5-2022).
Section 25 Appointments.
All appointments of the staff of 1[an Institute], except that of the Director, shall be made in accordance with the procedure laid down in the Statutes--
(a) by the Board, if the appointment is made on the academic staff in the post of Assistant Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of Assistant Professor; and
(b) by the Director, in any other case.
(a) by the Board, if the appointment is made on the academic staff in the post of Assistant Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of Assistant Professor; and
(b) by the Director, in any other case.
1. Subs. by Act 43 of 2021, s. 26, for "the Institute" (w.e.f. 25-5-2022).
Section 26 Statutes.
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
(a) the formation of departments of teaching;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the classification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute;
(d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other categories of persons as may be determined by the Central Government, from time to time;
(e) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(f) the constitution, powers and duties of the authorities of the Institute;
(g) the establishment and maintenance of halls and hostels;
(h) the manner of filling vacancies among members of the Board;
(i) the authentication of the orders and decisions of the Board;
(j) the meetings of the Senate, the quorum at such meetings and the procedure to be followed in the conduct of their business; and
(k) any other matter which by this Act is to be, or may be, prescribed by the Statutes
(a) the formation of departments of teaching;
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the classification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute;
(d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other categories of persons as may be determined by the Central Government, from time to time;
(e) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute;
(f) the constitution, powers and duties of the authorities of the Institute;
(g) the establishment and maintenance of halls and hostels;
(h) the manner of filling vacancies among members of the Board;
(i) the authentication of the orders and decisions of the Board;
(j) the meetings of the Senate, the quorum at such meetings and the procedure to be followed in the conduct of their business; and
(k) any other matter which by this Act is to be, or may be, prescribed by the Statutes
Section 27 Statutes how made. 2 docs
(1) The first Statutes of the Institute shall be framed by the Board with the previous approval of the Visitor and a copy of the same shall be laid as soon as may be before each House of Parliament.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided.
(3) A new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board for consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided.
(3) A new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board for consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
Section 28 Ordinances. 6 docs
Subject to the provisions of this Act and the Statutes, the 1[Ordinances of each Institute] may provide for all or any of the following matters, namely:--
(a) the admission of the students to the Institute;
(b) the reservation for the Scheduled Castes, the Scheduled Tribes and other categories of person;
(c) the courses of study to be laid down for all degrees of the Institute;
(d) the conditions under which students shall be admitted to the degree courses and to the examinations of the Institute and shall be eligible for degrees;
(e) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
(f) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;
(g) the conduct of examinations;
(h) the maintenance of discipline among the students of the Institute;
(i) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees of the Institute;
(j) the conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and of other charges; and
(k) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
(a) the admission of the students to the Institute;
(b) the reservation for the Scheduled Castes, the Scheduled Tribes and other categories of person;
(c) the courses of study to be laid down for all degrees of the Institute;
(d) the conditions under which students shall be admitted to the degree courses and to the examinations of the Institute and shall be eligible for degrees;
(e) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
(f) the conditions and mode of appointment and duties of examining bodies, examiners and moderators;
(g) the conduct of examinations;
(h) the maintenance of discipline among the students of the Institute;
(i) the fees to be charged for courses of study in the Institute and for admission to the examinations of degrees of the Institute;
(j) the conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and of other charges; and
(k) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances.
1. Subs. by s. 28, Act 43 of 2021 for "Ordinances of the Institute" (w.e.f. 25-5-2022).
Section 29 Ordinances how made. 4 docs
(1) Save as otherwise provided in this section, Ordinances shall be made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinances and such Ordinances shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the Board at its next succeeding meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinances and such Ordinances shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.
Section 30 Tribunal of Arbitration.
(1) Any dispute arising out of a contract between the Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by subsection (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
(2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by subsection (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
Section 30A Establishment of Council.
30A. Establishment of Council.-- (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established for all the Institutes specified in column (3) of the Schedule, a central body to be called the Council.
(2) The Council shall consist of the following members, namely:--
(a) Minister in charge of the Ministry or Department of the Central Government having administrative control of the Pharmaceuticals, ex officio, as Chairperson;
(b) Minister of State in the Ministry or Department of the Central Government having administrative control of the Pharmaceuticals, ex officio, as Vice-Chairperson;
(c) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the Pharmaceuticals, ex officio;
(d) the Chairperson of every Board of Governors, ex officio;
(e) the Director of every Institute, ex officio;
(f) the Chairperson, All India Council for Technical Education, ex officio;
(g) the Director General, Council of Scientific and Industrial Research, ex officio;
(h) four Secretaries to the Government of India, to represent the Ministries or Departments of the Central Government dealing with Biotechnology, Health Research, Higher Education and Science and Technology, ex officio;
(i) not less than three, but not more than five persons to be nominated by the Visitor, at least one of whom shall be a woman, having special knowledge or practical experience in education, pharmaceutical industry, medical devices industry or pharmaceutical research;
1. Ins. by Act 43 of 2021, s. 29, (w.e.f. 25-5-2022).
Section 30B Term of office of, vacancies among, and allowances payable to, members of Council.
(1) Save as otherwise provided in this section, the term of office of a member of the Council shall be three years from the date of his nomination or election, as the case may be.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) The term of office of a member elected under clause (j) of sub-section (2) of section 30A shall come to an end as soon as he becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairperson of the Council of States or ceases to be a member of the House which elected him.
(4) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected.
(5) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place.
(6) The members of the Council shall be paid such travelling and other allowances by the Central Government as may be determined by that Government, but no member shall be entitled to any salary by reason of this sub-section.
(2) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member.
(3) The term of office of a member elected under clause (j) of sub-section (2) of section 30A shall come to an end as soon as he becomes a Minister or Minister of State or Deputy Minister, or the Speaker or the Deputy Speaker of the House of the People, or the Deputy Chairperson of the Council of States or ceases to be a member of the House which elected him.
(4) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected.
(5) Notwithstanding anything contained in this section an outgoing member shall, unless the Central Government otherwise directs, continue in office until another person is nominated or elected as a member in his place.
(6) The members of the Council shall be paid such travelling and other allowances by the Central Government as may be determined by that Government, but no member shall be entitled to any salary by reason of this sub-section.
Section 30C Functions of Council.
(1) It shall be the general duty of the Council to coordinate the activities of all the Institutes and to take all such steps as to ensure planned and coordinated development of pharmaceutical education and research and maintenance of standards thereof.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:—
(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters;
(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free-ships, levying of fees and other matters of common interest;
(c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(d) to lay down policy or guidelines for promoting research and development in pharmaceuticals and related areas, fostering collaboration and overseeing developments and on matters incidental thereto;
(e) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for that purpose;
(f) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(g) to perform such other functions as are assigned to it by or under this Act.
(3) The Council shall meet at least once every six months and follow such procedure in its meetings as may be prescribed.
(2) Without prejudice to the provisions of sub-section (1), the Council shall perform the following functions, namely:—
(a) to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the Institutes, admission standards and other academic matters;
(b) to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and free-ships, levying of fees and other matters of common interest;
(c) to examine the development plans of each Institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans;
(d) to lay down policy or guidelines for promoting research and development in pharmaceuticals and related areas, fostering collaboration and overseeing developments and on matters incidental thereto;
(e) to examine the annual budget estimates of each Institute and to recommend to the Central Government the allocation of funds for that purpose;
(f) to advise the Visitor, if so required, in respect of any function to be performed by him under this Act; and
(g) to perform such other functions as are assigned to it by or under this Act.
(3) The Council shall meet at least once every six months and follow such procedure in its meetings as may be prescribed.
Section 30D Chairman of Council.
(1) The Chairperson of the Council shall ordinarily preside at the meetings of the Council:
Provided that in the absence of the Chairperson, the Vice-Chairperson shall preside at the meetings of the Council:
Provided further that in the absence of both the Chairperson and the Vice-Chairperson, any other member, chosen from amongst themselves by the members present at the meeting shall preside at that meeting.
(2) It shall be the duty of the Chairperson of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to him by this Act.
Provided that in the absence of the Chairperson, the Vice-Chairperson shall preside at the meetings of the Council:
Provided further that in the absence of both the Chairperson and the Vice-Chairperson, any other member, chosen from amongst themselves by the members present at the meeting shall preside at that meeting.
(2) It shall be the duty of the Chairperson of the Council to ensure that the decisions taken by the Council are implemented.
(3) The Chairman shall exercise such other powers and perform such other duties as are assigned to him by this Act.
Section 30E Power to make rules in respect of matters in this Chapter.
--(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Chapter.
(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 filling vacancies among the members of the Council;
(b) the disqualifications for being chosen as, and for being, a member of the Council;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Council and the procedure of conducting business thereat;
(e) the travelling and other allowances payable to members of the Council; and
(f) the functions of the Council and the manner in which such functions may be exercised.
(3) Every rule made by the Central Government under this Chapter 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 both Houses agree that the rule should not be made, the rule 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.
(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 filling vacancies among the members of the Council;
(b) the disqualifications for being chosen as, and for being, a member of the Council;
(c) the circumstances in which, and the authority by which, members may be removed;
(d) the meetings of the Council and the procedure of conducting business thereat;
(e) the travelling and other allowances payable to members of the Council; and
(f) the functions of the Council and the manner in which such functions may be exercised.
(3) Every rule made by the Central Government under this Chapter 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 both Houses agree that the rule should not be made, the rule 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.
Section 31 Acts and proceedings not to be invalidated by vacancies.
1[No act of the Council or any Institute[ or Board or Senate or any other body set up under this Act or the Statutes, shall be invalid merely by reason of--
(a) any vacancy in, or defect in, the constitution thereof, or
(b) any defect in the election, nomination or appointment of person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
(a) any vacancy in, or defect in, the constitution thereof, or
(b) any defect in the election, nomination or appointment of person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
1. Subs. by Act 43 of 2021, s. 30, for "No act of the Institute" (w.e.f. 25-5-2022).
Section 32 Grant of degrees, etc., by Institutes.
Grant of degrees, etc., by 1[Institutes].--Notwithstanding anything contained in the University Grants Commission Act, 1956 (3 of 1956) or in any other law for the time being in force, 2[every Institute] shall have power to grant degrees and other academic distinctions and titles under this Act.
1. Subs. by Act 43 of 2021, s. 31, for "Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 31, ibid., for "the Institute" (w.e.f. 25-5-2022).
2. Subs. by s. 31, ibid., for "the Institute" (w.e.f. 25-5-2022).
Section 33 Sponsored schemes.
Whenever the Institute receives funds from any Government, the University Grants Commission or any other agency sponsoring a scheme to be executed by the Institute, notwithstanding anything in this Act,--
(a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for the purpose of the scheme;
(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation:
Provided that any money remaining unutilised under clause (a) shall be transferred to the endowment fund created under section 22 of this Act.
(a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for the purpose of the scheme;
(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation:
Provided that any money remaining unutilised under clause (a) shall be transferred to the endowment fund created under section 22 of this Act.
Section 33A Power of Central Government to issue directions.
1[33A. Power of Central Government to issue directions.-- 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.]
1. Ins. by Act 43 of 2021, s. 33, (w.e.f. 25-5-2022).