The Post-Graduate Institute of Medical Education and Research, Chandigarh, Act 1966
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 President 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 any other officer of the Institute authorised in like manner in this behalf.
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.
1[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 power to grant medical degrees, diplomas and other academic distinctions and titles under this Act.
1. Section 23 shall stand substituted (date to be notified) by Act 3 of 2009, s. 2 to read as under:
"23. Grant of medical, dental or nursing degrees, diplomas, etc., by the institute.-- Notwithstanding anything contained in any other law for the time being in force, the Institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and titles under this Act.".
"23. Grant of medical, dental or nursing degrees, diplomas, etc., by the institute.-- Notwithstanding anything contained in any other law for the time being in force, the Institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and titles under this Act.".
Section 24 Recognition of medical qualifications granted by Institute.
1[24. Recognition of medical qualifications granted by Institute.--Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the medical degrees and diplomas granted by the Institute under this Act shall be recognised medical qualifications for the purposes of that Act and shall be deemed to be included in the First Schedule to that Act.]
1. Section 24 shall stand substituted (date to be notified) by s. 3, ibid., to read us under:
"24. Recognition of medical, dental and nursing qualifications granted by the Institute.-- Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act, 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 ( 48 of 1947), the medical dental or nursing degrees or diplomas, as the case may be, granted by the Institute under this Act shall be recognised--
(a) medical qualifications for the purpose of the Indian Medical Council Act, 1956 and shall be deemed to be included in the First Schedule to that Act;
(b) dental qualifications for the purpose of the Dentists Act, 1948 and shall be deemed to be included in the Schedule to that Act; and
(c) nursing qualifications for the purpose of the Indian Nursing Council Act, 1947 and shall be deemed to be included in the Schedule to that Act.".
"24. Recognition of medical, dental and nursing qualifications granted by the Institute.-- Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Dentists Act, 1948 (16 of 1948) and the Indian Nursing Council Act, 1947 ( 48 of 1947), the medical dental or nursing degrees or diplomas, as the case may be, granted by the Institute under this Act shall be recognised--
(a) medical qualifications for the purpose of the Indian Medical Council Act, 1956 and shall be deemed to be included in the First Schedule to that Act;
(b) dental qualifications for the purpose of the Dentists Act, 1948 and shall be deemed to be included in the Schedule to that Act; and
(c) nursing qualifications for the purpose of the Indian Nursing Council Act, 1947 and shall be deemed to be included in the Schedule to that Act.".
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 Disputes between Institute and Central Government.
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 on such dispute 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.
Subject to the provisions of this Act, every person who is employed in the Post-Graduate Institute of Medical Education and Research, Chandigarh 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 29 Continuance of facilities at Institute.
The Institute shall continue to provide facilities to the Governments of the States of Haryana and Punjab and the Central Government in relation to the Union territories of Chandigarh and Himachal Pradesh and the people of the States and territories aforesaid and such facilities shall not, in any respect, be less favourable to such Governments and people than what were being provided to them before the 1st day of November, 1966 and shall be made available for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may be agreed upon between the Institute, Governments of the States of Haryana and Punjab and the Central Government before the1st day of April, 1967, or if no agreement is reached by the said date, as may be fixed by order of the Central Government.
Section 30 Power to remove difficulties.
If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, within a period of three years from the commencement of this Act, by order published in the Official Gazelle, make such provision or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty.
Section 31 Power to make rules. 1 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 the making of rules under this section, but the Central Government shall take into consideration any 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 clause (f) of section 5;
(b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of the Institute;
(d) the powers and functions to be exercised and discharged by the President of the Institute;
(e) the allowances, if any, to be paid to the President and other members of the Institute;
(f) the number of officers and employees that may be appointed by the Institute and the manner of such appointment;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government;
(h) the form and manner in which returns and information are to be furnished by the Institute to the Central Government;
(i) any other matter which has to be or may be prescribed by rules.
(3) Every rule made under this section, 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 1[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.
Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any 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 clause (f) of section 5;
(b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of the Institute;
(d) the powers and functions to be exercised and discharged by the President of the Institute;
(e) the allowances, if any, to be paid to the President and other members of the Institute;
(f) the number of officers and employees that may be appointed by the Institute and the manner of such appointment;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government;
(h) the form and manner in which returns and information are to be furnished by the Institute to the Central Government;
(i) any other matter which has to be or may be prescribed by rules.
(3) Every rule made under this section, 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 1[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.
1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for "in two successive sessions and if, before the expiry of the session immediately following" (w.e.f. 15-5-1986).
Section 32 Power to make regulation. 2 docs
(1) The Institute 1[, 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, the conduct of business at such meetings and the number of members necessary to form a quorum;
(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 among, the members of, the Governing Body and standing and ad hoc committees;
(c) the powers and functions to be exercised and discharged by the President of the Institute and the Chairman of the Governing Body;
(d) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees;
(e) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions;
(f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute;
(g) the powers and duties of the Chairman of the Governing Body;
(h) the powers and duties of the Director and other officers and employees of the Institute;
(i) the management of the properties of the Institute;
(j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute;
(k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts;
(l) the fees and other charges which may be demanded and received by the Institute;
(m) 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;
(n) 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).
2 [(3) Every regulation made under this section 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 regulation or both Houses agree that the regulation should not be made, the 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 regulation.]
(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, the conduct of business at such meetings and the number of members necessary to form a quorum;
(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 among, the members of, the Governing Body and standing and ad hoc committees;
(c) the powers and functions to be exercised and discharged by the President of the Institute and the Chairman of the Governing Body;
(d) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees;
(e) the procedure to be followed by the Governing Body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions;
(f) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute;
(g) the powers and duties of the Chairman of the Governing Body;
(h) the powers and duties of the Director and other officers and employees of the Institute;
(i) the management of the properties of the Institute;
(j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute;
(k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts;
(l) the fees and other charges which may be demanded and received by the Institute;
(m) 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;
(n) 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).
2 [(3) Every regulation made under this section 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 regulation or both Houses agree that the regulation should not be made, the 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 regulation.]
1. Subs. by s. 2 and the Schedule, ibid., for " may, with the previous approval of the Central Government" (w.e.f. 15-5-1986).
2. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).
2. Ins. by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986).