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NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH ACT, 1998
13 of 1998
June 26, 1998
Prefatory Note—Statement of Objects and Reasons.—The National Institute of Pharmaceutical Education and Research was set up as an autonomous body in 1991 registered as a society under the Societies Registration Act, 1860. It is proposed to make the Institute a statutory body corporate and to declare it as an institution of national importance under Entry 64 of List I of the Seventh Schedule to the Constitution so that it may develop as a high level institution of pharmaceutical sciences and other allied branches. 2. A Bill to declare 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 was introduced in Lok Sabha on 3rd March. 1997. The Bill lapsed on dissolution of the 11th Lok Sabha. In order to ensure that the process of enrolment of students is not delayed the National Institute of Pharmaceutical Education and Research Ordinance, 1998 (2 of 1998) was promulgated on 21st January, 1998, providing for, inter alia, the incorporation of National Institute of Pharmaceutical Education and Research. Since the Ordinance No. 2 of 1998 was to lapse after expiry of six weeks after the re-assembly of the Parliament, that is, on 5th May, 1998 and the next session of Parliament is likely to be convened on the 27th May, 1998, another Ordinance, namely, the National Institute of Pharmaceutical Education and Research (Second) Ordinance, 1998 (9 of 1998) was promulgated on 23rd April, 1998 with a view to give effect to the provisions of the National Institute of Pharmaceutical Education and Research Ordinance, 1998 (2 of 1998). 3. This Bill seeks to replace the said Ordinance and provide for the above objectives.
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 incorporation and matters connected therewith Be it enacted by Parliament in the Forty-ninth Year of the Republic of India follows:-
SECTION 01: 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.
NOTES Commencement of Act.-There are two ways of the laws coming into operation. One way that in the law itself it is laid down that it shall come into force on a particular day. If that is not provided in the Act, then the Act comes into operation on the date of assent. Chandrasekhar Singh v. State of Orissa, (1967) 33 Cut LT 263.
SECTION 02: 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 delcared that the institution known as the National Institute of Pharmaceutical Education and Research is an institution of national importance.
SECTION 03: DEFINITIONS
-In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date of establishment of the National Institute of Pharmaceutical Education and Research under sub-section (1) ofSection 4-;
(b) "Board" means the Board of Governors of the Institute constituted under sub- section (3) of Section 4-;
(c) "Chairperson" means the Chairperson of the Institute nominated under clause (a) of sub-section (3) of Section 4-;
(d) "Dean" means the Dean of the Institute appointed under Section 17-;
(e) "Director" means the Director of the Institute appointed under Section 16-;
(f) "Fund" means the Fund of the Institute to be maintained under Section 21-;
(g) "Institute" means the National Institute of Pharmaceutical Education and Research established under sub-section (1) of Section 4-;
(h) "Senate" means the Senate of the Institute referred to in Section 13-;
(i) "Society" means the National Institute of Pharmaceutical Education and Research Society, Sector-67, S.A.S. Nagar (Mohali), District Ropar, Punjab registered under the Societies Registration Act, 1860 (21 of 1860);
(j) "Statutes" and "Ordinances" mean the Statutes and the Ordinances of the Institute made under this Act.
SECTION 04: 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, in charge 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 India;
(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.2
"Provided that the term of office of a member nominated under clause (o) of subsection (3) 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 Chairman of the Council of States, or ceases to be a member of the House from which he was nominated."
(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.
SECTION 05: 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 Institute.
SECTION 06: 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 liabilties 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 pension, 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 conditions 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.
SECTION 07: 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 co-operate 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 evolved 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 scientists 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 spectrum in the country.
SECTION 08: 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);
(c) frame Statutes and Ordinances and to alter, modify or rescind the same;
(f) institute and award fellowships, scholarships, 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.
SECTION 09: 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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 either 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.
SECTION 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 examination 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.
SECTION 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.
SECTION 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.
SECTION 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.
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