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THE NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO-SCIENCES, BANGALORE ACT, 2012
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ARRANGEMENT OF SECTIONS
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SECTIONS
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THE NATIONAL INSTITUTE OF MENTAL HEALTH AND
NEURO-SCIENCES, BANGALORE ACT, 2012
ACT NO. 38 OF 2012
[13th September, 2012.]
An Act to declare the institution known as the National Institute of Mental Health and Neuro-Sciences, Bangalore, to be an institution of national importance and to provide for its incorporation and for matters connected therewith.
BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:—
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(a) "Fund" means the Fund of the Institute referred to in section 17;
(b) "Governing Body" means the Governing Body of the Institute;
(c) "Institute" means the institution known as the National Institute of Mental Health and Neuro-Sciences, Bangalore, incorporated under this Act;
(d) "member" means a member of the Institute;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "specified" means specified by regulations made under this Act.
(a) the Minister of Health and Family Welfare, ex officio;
(b) the Minister of Health and Family Welfare (Medical Education), Government of Karnataka, ex officio;
(c) Secretary to the Government of India in the Ministry or Department of Health and Family Welfare, ex officio;
(d) the Director of the Institute, ex officio;
(e) Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) Ministry of Finance, Department of Expenditure, ex officio;
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(f) Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) in the Department of Higher Education, Ministry of Human Resource Development, ex officio;
(g) the Director-General of Health Services, Government of India, ex officio;
(h) the Vice-Chancellor of Rajiv Gandhi University of Health Sciences, Karnataka, ex officio;
(i) the Chief Secretary to the Government of Karnataka or his nominee who shall not be below the rank of Secretary to that Government;
(j) seven persons of whom one shall be a non-medical scientist representing the Indian Sciences Congress Association, and, one each from biological; behavioural and physical sciences, of repute, from any University to be nominated by the Central Government in such manner as may be prescribed;
(k) four representatives of medical faculties of Indian Universities, of whom one shall be from the National Institute of Mental Health and Neuro-Sciences, to be nominated by the Central Government in such manner as may be prescribed;
(l) three Members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States.
(2) It is hereby declared that the office of member of the Institute shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.
(2) The term of office of a member elected under clause (l) of sub-section (1) of section 5 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 elected.
(3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member.
(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 is nominated or elected.
(5) An outgoing member other than a member elected under clause (l) of sub-section (1) of section 5 shall continue in office until another person is nominated as a member in his place or for a period of three months, whichever is earlier:
Provided that the Central Government shall nominate a member in place of an outgoing member within the said period of three months.
(6) An outgoing member shall be eligible for re-nomination or re-election.
(7) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government.
(8) The manner of filling vacancies among members shall be such as may be prescribed.
(2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed.
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Provided that the number of persons who are not members of the Institute shall not exceed one-third of the total membership of the Governing Body.
(2) The Governing Body shall be the executive committee of the Institute and shall exercise such powers and discharge such functions as the Institute may specify in this behalf.
(3) The President of the Institute shall be the Chairperson of the Governing Body and as Chairperson thereof he shall exercise such powers and discharge such functions as may be specified.
(4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among the members of the Governing Body shall be such as may be specified.
(5) Subject to such control and restrictions as may be prescribed, the Institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the Institute or for inquiring into, or reporting or advising upon, any matter which the Institute may refer to them.
(6) The Chairperson and members of the Governing Body and the Chairperson and the members of a standing committee or an ad hoc committee shall receive such allowances, as may be specified.
Provided that the first Director of the Institute shall be appointed by the Central Government.
(2) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(3) The Director shall act as the Secretary to the Institute as well as the Governing Body.
(4) The Director shall exercise such powers and discharge such functions as may be specified or as may be delegated to him by the Institute or the President of the Institute or the Governing Body or the Chairperson of the Governing Body.
(5) Subject to such rules as may be prescribed, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and the designations and grades of other officers and employees shall be such as may be specified.
(6) Subject to such rules as may be prescribed, the Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be specified.
(a) to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches with a focus on mental health, neuro-sciences and allied specialities so as to demonstrate a high standard of medical education;
(b) to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity;
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(c) to attain self-sufficiency in postgraduate medical education to meet the country's needs for specialists and medical teachers, particularly in the field of mental health, neuro-sciences and allied specialities;
(d) to evolve innovative strategies to offer diagnostic and comprehensive therapeutic service facilities in the field of mental health and neuro-sciences, utilising the advances in information technology;
(e) to make an in-depth study and research in the field of mental health, neuro-sciences and allied specialities.
(a) provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences including physical and biological sciences;
(b) provide facilities for research in the various branches of such sciences; (c) provide for the teaching of humanities;
(d) conduct experiments in new methods of medical education, both undergraduate and postgraduate, in order to arrive at high standard of such education;
(e) specify courses and curricula for both undergraduate and postgraduate studies;
(f) notwithstanding anything contained in any other law for the time being in force, establish and maintain,—
(i) one or more medical institutions with different departments staffed and equipped to undertake education and conduct research in different subjects,
(ii) one or more well equipped hospitals to provide clinical services, (iii) nursing colleges staffed and equipped for the training of nurses,
(iv) rural and urban health centres which will form centres for the field training of the medical and nursing students of the Institute, and
(v) other institutions for the training of different types of health workers such as physiotherapists, occupational therapists and medical technicians of various kinds;
(g) trained teachers from different medical colleges in India;
(h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate medical, nursing and allied specialities education as may be laid down in the regulations;
(i) induct and appoint persons as professors, readers, lecturers and in posts of other description in accordance with regulations;
(j) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;
(k) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 12;
(l) demand and receive with the prior approval of the Central Government such fees and other charges as may be specified;
(m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;
(n) borrow money, with the prior approval of the Central Government, on the security of the property of the Institute;
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(o) do all such other acts and things as may be necessary in furtherance of the objects specified in section 13.
(2) All income and property of the Institute shall be applied towards the promotion of the objects thereof as set forth in this Act.
(3) No portion of the income and property of the Institute shall be paid or transferred, directly or indirectly, by way of profit to the persons, who at any time, or have been members of the Institute:
Provided that nothing herein contained shall prevent the payment of remuneration and other allowances to any member thereof or other persons for the services rendered to the Institute.
(a) all moneys provided by the Central Government and the State Government of Karnataka;
(b) all fees and other charges received by the Institute;
(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 functions under section 14.
(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 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 as well as of the institutions established and maintained by it.
(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 Government shall cause the same to be laid before both the Houses of Parliament.
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(2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925) shall apply to, such fund as if it were a Government Provident Fund.
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.
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(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of nomination of members under clauses (j) and (k) of sub-section (1) of section
5;
(b) the manner of filling vacancies of members under sub-section (8) of section 6;
(c) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (2) of section 7;
(d) the allowances to be paid to the President and other members of the Institute under section 9;
(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 11;
(f) appointment of Director and other officers and employees and salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute under section 12;
(g) the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 18;
(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 19;
(i) the form of annual report under section 20;
(j) any other matter which has to be or may be prescribed by rules.
(a) the summoning and holding of meetings, other than the first meeting, of the Institute, the time and place where such meetings are to be held and the conduct of business at such meetings under section 10;
(b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies therein, the allowances to be paid to the members and the procedure to be followed by the Governing Body; standing and ad hoc committees in the conduct of their business, exercise of their power, discharge of their function under section 11;
(c) the powers and duties of the Director of the Institute under sub-section (4), the designations and grades of other officers and employees under sub-section (5) and other conditions of service under sub-section (6) of section 12;
(d) the power of the Institute under section 14, to specify—
(i) courses and curricula for undergraduate and postgraduate studies under clause (e);
(ii) hold examination and grant degrees, diplomas, certificates and other academic distinctions and titles under clause (h);
(iii) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such posts under clause (i);
(iv) the management of the properties of the Institute under clauses (k) and (m);
(v) the fees and other charges which may be demanded and received by the Institute under clause (l);
(e) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 21;
(f) any other matter for which under this Act provisions may be made by regulations.
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(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).
Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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