THE NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH
ACT,1998
NO. 13 OF 1998
[26th June, 1998]
An Act to declare the institution known as the National Institute of
Pharmaceutical Education and Research to be an institution of national
importance and to provide for its incorporation and matters connected
therewith.
BE it enacted by Parliament in the Forty-ninth Year of the Republic of
India as follows:-
CHAP
PRELIMINARY
Chapter
Preliminary
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
National Institute of Pharmaceutical Education and Research Act, 1998.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint and different
dates may be appointed for different provisions of this Act.
2.
Declaration of National Institute of Pharmaceutical Education andResearch
as an institution of national importance.
2. Declaration of National Institute of Pharmaceutical Education and
Research as an institution of national importance.-Whereas the objects
of the institution known as the National Institute of Pharmaceutical
Education and Research, Sector-67, S.A.S. Nagar (Mohali), District
Ropar, Punjab are such as to make the institution one of national
importance, it is hereby declared that the institution known as the
National Institute of Pharmaceutical Education and Research is an
institution of national importance.
CHAP
THE INSTITUTE
Chapter II
The Institute.
4.
Establishment of Institute.
4. Establishment of Institute.-(1) With effect from such date as the
Central Government may, by notification in the Official Gazette,
appoint, the National Institute of Pharmaceutical Education and
Research shall be constituted as a body corporate by the name
aforesaid.
(2) The Institute shall have perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold
and dispose of property and to contract, and shall, by that name, sue
and be sued.
(3) The Institute shall consist of the Board of Governors having the
following persons, namely:-
(a) a Chairperson, who shall be an eminent academician, scientist or
technologist or professional, to be nominated by the Visitor;
(b) the Director of the Institute, ex officio;
(c) the Joint Secretary, incharge of Pharmaceutical Industries in the
concerned Ministry or Department of the Government of India, ex
officio;
(d) the Secretary, Technical Education, Government of Punjab,
Chandigarh, ex officio;
(e) the Financial Adviser of the Ministry or Department of the
Government of India dealing with the pharmaceutical industries, ex
officio;
(f) the Drug Controller General of India, Ministry of Health and
Family Welfare of the Government of India, ex officio;
(g) the Member Secretary, All India Council for Technical Education,
ex officio;
(h) the Director of any one of the national laboratories of the
Council of Scientific and Industrial Research to be nominated by the
Director General of Council of Scientific and Industrial Research, New
Delhi;
(i) the Director of either the All-India Institute of Medical
Sciences, New Delhi or the Post-Graduate Institute of Medical
Education and Research, Chandigarh, to be nominated by rotation by the
Ministry of Health and Family Welfare of the Government of ndia;
(j) the President, Indian Drugs Manufacturers' Association, ex
officio;
(k) the President, Organisation of Pharmaceutical Producers of India,
ex officio;
(l) three eminent pharmaceutical experts, one of whom shall be an
educationist, a research scientist and a biotechnologist, to be
nominated by the Central Government;
(m) three eminent public persons or social workers one of whom shall
be either from the Scheduled Castes or the Scheduled Tribes to be
nominated by the Visitor out of a panel prepared by the Central
Government;
(n) two pharmaceutical industrialists to be nominated by the Visitor
out of a panel prepared by the Central Government;
(o) three Members of Parliament, two from Lok Sabha to be nominated by
the Speaker of Lok Sabha and one from Rajya Sabha to be nominated by
the Chairman of Rajya Sabha.
(4) The term of office of the Chairperson and Governors other than ex
officio Governors shall be three years and they shall be entitled for
such allowances as may be determined by the Central Government.
(5) The term of office of Governor nominated to fill a casual vacancy
shall continue for the remainder of the term of the Governor in whose
place he has been nominated.
(6) The Board shall meet at least three times in a year at such place
and time and observe such rules of procedure in regard to the
transaction of business at its meetings as may be determined by the
Board.
5.
Vesting of properties.
5. Vesting of properties.-On and from the appointed day, subject to
the other provisions of this Act, all properties which had vested in
the Society, immediately before the commencement of this Act, shall,
on and from such commencement, vest in the In titute.
6.
Effect of incorporation of Institute.
6. Effect of incorporation of Institute.-On and from the appointed
day,-
(a) any reference to the Society in any contract or other instrument
shall be deemed as a reference to the Institute;
(b) all the rights and liabilities of the Society shall be transferred
to, and be the rights and liabilities of, the Institute; and
(c) every person employed by the Society immediately before the
appointed day shall hold office or service in the Institute by the
same tenure, at the same remuneration and upon the same terms and
conditions and with the same rights and privileges as to ension,
leave, gratuity, provident fund and other matters as he would have
held the same if this Act had not been passed, and shall continue to
be so unless and until his employment is terminated or until such
tenure, remuneration and terms and condition are duly altered by the
Statutes:
Provided that if the alteration so made is not acceptable to such
employee, his employment may be terminated by the Institute in
accordance with the terms of the contract with the employee or, if no
provision is made therein in this behalf, on payment to him by the
Institute of compensation equivalent to three months' remuneration in
the case of permanent employee and one month's remuneration in the
case of other employee.
7.
Functions of Institute.
7. Functions of Institute.-The functions of the Institute shall be-
(i) to nurture and promote quality and excellence in pharmaceutical
education and research;
(ii) to concentrate on courses leading to master's degree, doctoral
and post-doctoral courses and research in pharmaceutical education;
(iii) to hold examinations and grant degrees;
(iv) to confer honorary awards or other distinctions;
(v) to cooperate with educational or other institutions having objects
wholly or partly similar to those of the Institute by exchange of
faculty members and scholars and generally in such manner as may be
conducive to their common objective;
(vi) to conduct courses for teachers, pharmaceutical technologists,
community and hospital pharmacists and other professionals;
(vii) to collect and maintain world literature on pharmaceutical and
related sciences and technology so as to develop an information centre
of its own kind for other institutions within the country and in the
developing world;
(viii) to create a central faculty of pharmaceutical instrumentation
and analysis for use by the researchers within and outside the
Institute;
(ix) to have a centre to experiment and innovate and to train teachers
and other workers in the art or science of pharmaceutical teaching;
(x) to develop a world level centre for creation of new knowledge and
transmission of existing information in pharmaceutical areas, with
focus on national, educational, professional and industrial
commitments;
(xi) to develop a multi-disciplinary approach in carrying out research
and training of pharmaceutical manpower so that the larger interests
of the profession, academia and pharmaceutical industry are better
served and a pharmaceutical work culture is evo ved which is in tune
with the changing world trends and patterns of pharmaceutical
education and research;
(xii) to organise national or international symposia, seminars and
conferences in selected areas of pharmaceutical education, from time
to time;
(xiii) to arrange courses catering to the special needs of the
developing countries;
(xiv) to act as a nucleus for interaction between academic and
industry by encouraging exchange of scientist and other technical
staff between the Institute and the industry and by undertaking
sponsored and funded research as well as consultancy projects by the
Institute; and
(xv) to pay due attention to studies on the distribution and usage of
drugs by the rural masses, taking into account the socio-economic
Opectrum in the country.
8.
Powers of Board.
8. Powers of Board.-(1) Subject to the provisions of this Act, the
Board shall be responsible for the general superintendence, direction
and control of the affairs of the Institute and shall exercise all the
powers not otherwise provided for by this Act, the Statutes and the
Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Board
shall-
(a) take decisions on questions of policy relating to the
administration and working of the Institute;
(b) fix, demand and receive fees and other charges;
(c) supervise and control the residence and regulate the discipline of
students of the Institute and to make arrangements for promoting their
health, general welfare and cultural and corporate life;
(d) institute academic and other posts and to make appointments
thereto (except in the case of the Director);
(e) frame Statutes and Ordinances and to alter, modify or rescind the
same;
(f) institute and award fellowship, scholarship, prizes and medals;
(g) consider and pass resolutions on the annual report, the annual
accounts and the budget estimates of the Institute for the next
financial year as it thinks fit together with a statement of its
development plans; and
(h) do all such things as may be necessary, incidental or conducive to
the attainment of all or any of the aforesaid powers.
(3) The Board shall have the power to appoint such committees as it
considers necessary for the exercise of its powers and the performance
of its duties under this Act.
(4) Notwithstanding anything contained in sub-section (2) of section
4, the Board shall not dispose of in any manner any immovable property
without the prior approval of the Central Government.
9.
Institute to be open to all races, creeds and classes.
9. Institute to be open to all races, creeds and classes.-(1) The
Institute shall be open to persons of either sex and of whatever race,
creed, caste or class, and no test or condition shall be imposed as to
religious belief or profession in admitting or appointing members,
students, teachers or workers or in any other connection whatsoever.
(2) No bequest, donation or transfer of any property shall be accepted
by the Institute which in the opinion of the Board involves conditions
or obligations opposed to the spirit and object of this section.
10.
Teaching at Institute.
10. Teaching at Institute.-All teaching at the Institute shall be
conducted by or in the name of the Institute in accordance with the
Statutes and the Ordinances made in this behalf.
11.
Visitor.
11. Visitor.-(1) The President of India shall be the Visitor of the
Institute.
(2) The Visitor may appoint one or more persons to review the work and
progress of the Institute and to hold inquiries into the affairs
thereof and to report thereon in such manner as the Visitor may
direct.
(3) Upon receipt of any such report, the Visitor may take such action
and issue such directions as he considers necessary in respect of any
of the matters dealt with in the report and the Institute shall be
bound to comply with such directions.
12.
Authorities of Institute.
12. Authorities of Institute.-The following shall be the other
authorities of the Institute, namely:-
(a) a Senate;
(b) such other authorities as may be declared by the Statutes to be
the authorities of the Institute.
13.
Senate.
13. Senate.-The Senate of the Institute shall consist of the
following persons, namely:-
(a) the Director, ex officio, who shall be the Chairperson of the
Senate;
(b) the Dean, ex officio;
(c) five professors of the Institute, to be nominated by the
Chairperson in consultation with the Director, by rotation;
(d) three persons, not being employees of the Institute, to be
nominated by the Chairperson in consultation with the Director, from
among educationists of repute, one each from the fields of science,
engineering and humanities and one of them shall be ei her from the
Scheduled Castes or from the Scheduled Tribes; and
(e) such other members of the staff as may be laid down in the
Statutes.
14.
Functions of Senate.
14. Functions of Senate.-Subject to the provisions of this Act, the
Statutes and the Ordinances, the Senate of the Institute shall have
the control and general regulation, and be responsible for the
maintenance of standards of instruction, education and xamination in
the Institute and shall exercise such other powers and perform such
other duties as may be conferred or imposed upon it by the Statutes.
15.
Functions, powers and duties of Chairperson.
15. Functions, powers and duties of Chairperson.-(1) The Chairperson
shall ordinarily preside at the meetings of the Board and at the
Convocations of the Institute.
(2) It shall be the duty of the Chairperson to ensure that the
decisions taken by the Board are implemented.
(3) The Chairperson shall exercise such other powers and perform such
other duties as may be assigned to him by this Act or the Statutes.
16.
Director.
16. Director.-(1) The Director of the Institute shall be appointed by
the Board with the prior approval of the Visitor.
(2) The Director shall be the principal academic and executive officer
of the Institute and shall be responsible for the proper
administration and academic performance of the Institute and for
imparting of instruction and maintenance of discipline therein.
(3) The Director shall submit annual reports and accounts to the
Board.
(4) The Director shall exercise such other powers and perform such
other duties as may be assigned to him by this Act or the Statutes or
the Ordinances.
17.
Dean.
17. Dean.-(1) The Dean of the Institute shall be appointed on such
terms and conditions as may be laid down by the Statutes and shall
exercise such powers and perform such duties as may be assigned to him
by this Act or the Statutes or the Director.
(2) The Dean shall report to the Director.
18.
Registrar.
18. Registrar.-(1) The Registrar of the Institute shall be appointed
on such terms and conditions as may be laid down by the Statutes and
shall be the custodian of records, the common seal, the funds of the
Institute and such other property of the Instit te as the Board shall
commit to his charge.
(2) The Registrar shall act as the Secretary of the Board, the Senate
and such committees as may be prescribed by the Statutes.
(3) The Registrar shall be responsible to the Director for the proper
discharge of his functions.
(4) The Registrar shall exercise such other powers and perform such
other duties as may be assigned to him by this Act or the Statutes or
the Director.
19.
Powers and duties of other authorities and officers.
19. Powers and duties of other authorities and officers.-The powers
and duties of authorities and officers, other than those hereinbefore
mentioned, shall be determined by the Statutes.
20.
Grants by Central Government.
20. Grants by Central Government.-For the purpose of enabling the
Institute to discharge its functions efficiently under this Act, the
Central Government may, after due appropriation made by Parliament by
law in this behalf, pay to the Institute in each financial year such
sums of money and in such manner as it may think fit.
21.
Fund of Institute.
21. Fund of Institute.-(1) The 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.
22.
Setting up of endowment fund.
22. Setting up of endowment fund.-Notwithstanding anything contained
in section 21, the Central Government may direct the 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.
23.
Accounts and audit.
23. Accounts and audit.-(1) The 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 ay be issued
by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the 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 accounts of the
Institute shall have the same rights, privileges and authority in
connection with such audit as the Comptroller and Audit r-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 Inst tute.
(4) The accounts of the 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 Gover ment shall cause the
same to be laid before each House of Parliament.
24.
Pension and provident fund.
24. Pension and provident fund.-(1) The 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 s 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.
25.
Appointments.
25. Appointments.-All appointments of the staff of the 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.
26.
Statutes.
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.
27.
Statutes how made.
27. Statutes how made.-(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.
28.
Ordinances.
28. Ordinances.-Subject to the provisions of this Act and the
Statutes, the Ordinances of the 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.
29.
Ordinances how made.
29. Ordinances how made.-(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.
30.
Tribunal of Arbitration.
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 sub-section (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.
CHAP
MISCELLANEOUS
Chapter III
Miscellaneous
31.
Acts and proceedins not to be invalidated by vacancies.
31. Acts and proceedings not to be invalidated by vacancies.-No act
of the 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.
32.
Grant of degrees, etc., by Institute.
32. Grant of degrees, etc., by Institute.-Notwithstanding anything
contained in the University Grants Commission Act, 1956 (3 of 1956) or
in any other law for the time being in force, the Institute shall have
power to grant degrees and other academic dis inctions and titles
under this Act.
33.
Sponsored schemes.
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.
34.
Power to remove difficulties.
34. 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
or give such directions not inconsistent with the rovisions of this
Act, as appears to it to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made after the expiry of two
years from the appointed day.
(2) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
35.
Transitional provisions.
35. Transitional provisions.-Notwithstanding anything contained in
this Act,-
(a) the Board of Governors of the Society functioning as such
immediately before the commencement of this Act shall continue to so
function until a new Board is constituted for the Institute under this
Act, but on the constitution of a new Board under th s Act, the
members of the Board holding office before such constitution shall
cease to hold office;
(b) until the first Statutes and the Ordinances are made under this
Act, the Statutes and the Ordinances of the National Institute of
Pharmaceutical Education and Research, Sector-67, S.A.S. Nagar
(Mohali), District Ropar, Punjab as in force, immediately before the
commencement of this Act, shall continue to apply to the Institute in
so far as they are not inconsistent with the provisions of this Act.
36.
Statutes and Ordinances to be publishhed in the Official Gazette andto be laid
before Parliament.
36. Statutes and Ordinances to be published in the Official Gazette
and to be laid before Parliament.-(1) Every Statute or Ordinance made
under this Act shall be published in the Official Gazette.
(2) Every Statute or Ordinance 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 succe sive 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 Statute or Ordinance or both Houses agree that the
Statute or Ordinance sh uld not be made, the Statute or Ordinance
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
previous y done under that Statute or Ordinance.
(3) The power to make the Statutes or the Ordinances shall include the
power to give retrospective effect from a date not earlier than the
date of commencement of this Act to the Statutes or the Ordinances or
any of them but no retrospective effect shall be given to any Statute
or Ordinance so as to prejudicially affect the interests of any person
to whom such Statute or Ordinance may be applicable.
37.
Repeal and saving.
37. Repeal and saving.-(1) The National Institute of Pharmaceutical
Education and Research Ordinance, 1998 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance, shall be deemed to have been done or taken
under this Act.
RAGHBIR SINGH, Secy. to the Govt. of India
