THE NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH ACT, 1998
[Act, 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 :--
Section 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.
Section 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 us 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.
Section 3. 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) of section 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;
1[(g) "Institute" means a National Institute of Pharmaceutical Education and Research established under sub-section (1) or sub-section (2A) 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.
|1. Substituted by the National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007, w.e.f. 29th January, 2007. Prior to substitution it read as under:|
"(g) "Institute" means the National Institute of Pharmaceutical Education and Research established under sub-section (1) of section 4;"
Section 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.
2[(2A) The Central Government may, by notification in the Official Gazette, establish similar Institutes in different parts of the country.]
(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;
3[(d) the Secretary, Technical Education, Government of the State within which the Institute is situated, 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;
2[(ja) a representative of the Pharmacy Council of India;]
(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 biotcchnologist, 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.
1Provided that the term of office of a member nominated under clause (o) of sub-section (3) shall come to an end as soon as he becomes a Minister or Minister of State of 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.
|1. Inserted by the National Institute of Pharmaceutical Education and Research (Amdt) Act, 2002 w.e.f. 27.05.2002|
2. Inserted by the National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007, w.e.f. 29th January, 2007.
3. Substituted by the National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007, w.e.f. 29th January, 2007. Prior to substitution it read as under:
"(d) the Secretary, Technical Education, Government of Punjab, Chandigarh, ex officio;"
Section 4A. Centres of Institute
1[4A. Centres of Institute.--
An Institute, with the prior approval of the Central Government, may, by notification in the Official Gazette, establish one or more centres in different locations within its jurisdiction.".
|1. Inserted by the National Institute of Pharmaceutical Education and Research (Amendment) Act, 2007, w.e.f. 29th January, 2007.|
Section 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 Institute.
Section 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 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 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 postdoctoral 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 an 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 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 spectrum in the country.
Section 8. Powers of Board
(1)Subject to the provisions of this Act, the Boardshall be responsible for the general superintendence, direction and control ofthe affairs of the Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and theOrdinances, andshall have the power to review the acts of the Senate.
(2)Without prejudice to the provisions ofsub-section (1),the Boardshall--
(a)take decisions on questions or policy relating to the administration and workingof the Institute;
(b)fix, demand and receive fees and other charges;
(c)supervise and control the residence and regulate the discipline of students ofthe Institute and to make arrangements for promoting their health, generalwelfare and cultural and corporatelife;
(d)institute academic and otherposts and to make appointments thereto (except in the case of the Director);
(e)frame Statutes andOrdinances andto 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 thebudget estimates of the Institute for the next financial year as it thinks fittogether with a statement of its development plans; and
(h)do all such things as may be necessary, incidental or conducive to theattainment of all or any of the aforesaid powers.
(3)The Boardshall have the power to appoint such committees as it considers necessary forthe exercise of its powers and the performance of its duties under this Act.
(4)Notwithstanding anything contained insub-section (2)of section 4,the Boardshall not dispose of in any manner any immovable property without the priorapproval of the Central Government.
Section 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.
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.