THE JAWAHARLAL INSTITUTE OF POST -GRADUATE MEDICAL EDUCATION AND RESEARCH, PUDUCHERRY ACT, 2008

2008 · State unknown · central · act_text

Sections (36)

1 · Short title and commencement . — (1) This Act may be called the Jawaharlal Institute of Post -Graduate Medical Education and Research, Puducherry Act, 2008.

2 · Declaration of Jawaharlal Institute of Post -Graduate Medical Education and Research , Puducherry, as an institution of national importance . —W —Whereas the objects of the institution known as the Jawaharlal Institute of Post -Graduate Medical Education and Research, Puducherry in the Union territory of Puducherry are such as to make the institution one of national importance, it is hereby declared that the institution known as the Jawaharlal Institute of Post -Graduate Medical Education and Research, Puducherry is an institution of national importance.

3 · Definitions . — In this Act, unless the context otherwise requires,—

4 · Incorporation of Institute . — The Jawaharlal Institute of Post -Graduate Medical Education and Research, Puducherry, an Institute functioning under the Union Ministry of Health and Family Welfare, is hereby constituted a body corporate by the name aforesaid and as such body corporate, it 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 .

5 · Composition of Institute . — (1) The Institute shall consist of the following members, namely:—

1 · 14th July, 2008, vide notification No. S.O. 1672(E), dated 14th July, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

6 · Term of office of, and vacancies among members . — (1) Save as otherwise provided in this section, the term of office of a member shall be five years from the date of his nomination or election.

7 · President of Institute, his powers and functions . — (1) There shall be a President of the Institute who shall be nominated by the Central Government from among the members other than the Director of the Institute.

8 · Allowances of President and members . — The President and other members shall receive such allowances from the Institute as may be prescribed.

9 · Meetings of Institute . — The Institute shall hold its first meeting at such time and place as may be appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government; and thereafter, the Institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business including quorum at its meetings as may be specified.

10 · Governing Body and other committees of Institute . — (1) There shall be a Governing Body of the Institute which shall be constituted by the Institute in such manner as may be specified:

11 · Staff of Institute . — (1) There shall be a chief executive officer of the Institute who shall be designated as the Director of the Institute and shall, subject to such rules as may be prescribed, be appointed by the Institute:

12 · Objects of Institute . — The objects of the Institute shall be—

13 · Functions of Institute . — With a view to the promotion of the objects specified in section 12, the Institute may—

14 · Vesting of property . — The properties of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry which vested in the Central Government shall, on the commencement of this Act, vest in the Institute.

15 · Payment to Institute . — 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 may be considered necessary by that Government for the exercise of its powers and discharge of its functions under this Act.

16 · Fund of Institute . — (1) The Institute shall maintain a Fund to which shall be credited—

17 · Budget of Institute . — The Institute shall prepare in such form and at such time every year a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Institute and shall forward to the Central Government such number of copies thereof as may be prescribed.

18 · 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 the Central Government may, by rules prescribe, and in accordance with such general directions as may be issued by that Government, in consultation with the Comptroller and Auditor-General of India.

19 · Annual report . — The Institute shall prepare for every year a report of its activities during that year and submit the report to the Central Government in such form and on or before such date as may be prescribed and a copy of this report shall be laid before both Houses of Parliament within one month of its receipt.

20 · Pension and provident funds . — (1) The Institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be specified by regulations, such pension and provident funds as it may deem fit.

21 · Authentication of orders and instruments of Institute . —A —All orders and decisions of the Institute shall be authenticated by the signature of the Director or any other member authorised by the Institute in this behalf and all other instruments shall be authenticated by the signature of such officers as may be authorised by the Institute.

22 · Acts and proceedings not to be invalidated by vacancies, etc . —N —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.

23 · Grant of medical degrees, diplomas, etc., by Institute . —N —Notwithstanding anything contained in any other law for the time being in force, the Institute shall have the power to grant medical, dental, nursing degrees, diplomas and other academic distinctions and titles under this Act.

24 · Recognition of medical qualifications granted by Institute . —N —Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956) the Dentists Act, 1948 (16 of 1948) , the Indian Nursing Council Act, 1947 (48 of 1947) , the medical degrees and diplomas, dental degrees and nursing degrees granted by the Institute under this Act shall be recognised medical qualifications for the purposes of the Acts aforesaid and shall be deemed to be included in the Schedules to the respective Acts.

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.

26 · Resolution of differences . — 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 thereon shall be final.

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.

28 · Transfer of service of existing employees . — (1) On and from the date of commencement of this Act, every employee holding a post in the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, before that date, shall hold the post in the Institute by the same tenure, and upon the same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such post as if this Act had not been passed and shall continue to do so as an employee of the Institute for a period of 1 [three and one-half years] from the date of the commencement of this Act, unless he, within the said period of 1 [three and one-half years], opts not to be an employee of the Institute or until his tenure, remuneration or other terms and conditions of service are duly altered by the regulations:

2 · [Provided that the employees, who have, or as the case may be, who have not, exercised their option and not transferred out of the Institute as on the date of coming into force of the Jawaharlal Institute of Post -Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011 (10 of 2011), may exercise their option afresh before the specified period:

1 · Subs. by Act 10 of 2011, s. 2, for “one year” (w.e.f. 27-8-2011).

2 · Subs. by s. 2, ibid., for “Provided that” (w.e.f. 27-8-2011).

29 · Power to make rules . — (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:

30 · Power to make regulations . — (1) The Institute 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—

31 · Laying of rules and regulations before Parliament . — Every rule and every regulation 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 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or 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 rule or regulation.

32 · 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 provision not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty:

Subordinates (8)

THE GAZETTE OF INDIA EXTRAORDINARY

Type: rules · UID: 03338103422e5e95d4a3cc57509f61d5c5443e60 · PDF: yes · Text: yes · Rule index: yes

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Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Puducherry

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Type: regulations · UID: 226b03a64486c5948aa5fa4213e8ae51726ac24b · PDF: yes · Text: yes · Rule index: yes

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Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Puducherry

Type: 03338103422e5e95d4a3cc57509f61d5c5443e60 · UID: 8526d9d0e712e1f342fe7702b6e8ea8d16bec24f · PDF: yes · Text: yes · Rule index: yes

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W Elie (Gazette W of fiadia

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THE GAZETTE OF INDIA EXTRAORDINARY

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RFGD NO DL33KX92

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