THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO -SCIENCES, BANGALORE ACT, 2012

2012 · State unknown · central · act_text

Sections (34)

1 · Short title and commencement . — (1) This Act may be called the National Institute of Mental Health and Neuro -Sciences, Bangalore Act, 2012.

2 · Declaration of National Institute of Mental Health and Neuro -Sciences, Bangalore, as an institution of national importance . —W —Whereas the objects of the National Institute of Mental Health and Neuro -Sciences, Bangalore are such as to make the institution one of national importance, it is hereby declared that the National Institute of Mental Health and Neuro -Sciences, Bangalore is an institution of national importance.

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

4 · Incorporation of Institute . — The National Institute of Mental Health and Neuro -Sciences, Bangalore, an Institute registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act, XVII of 1960) on the 27th day of December, 1974, 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 · 29th November, 2013, vide notification No S.O. 3534(E), dated 29th November, 2013 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 · Powers and functions of President . — (1) There shall be a President of the Institute who shall be nominated by the Central Government from amongst the members other than the Director of the Institute.

8 · Vice -President of Institute . — There shall be a Vice -President of the Institute who shall be nominated by the Central Government from amongst the members other than the Director of the Institute.

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

10 · 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 at its meetings as may be specified.

11 · 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:

12 · 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:

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

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

15 · Vesting of Property . — (1) The properties of the National Institute of Mental Health and NeuroSciences, Bangalore, registered under the Karnataka Societies Registration Act, 1960 (Katnataka Act XVII of 1960) shall, on the date of commencement of this Act, vest in the Institute.

16 · 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 for the exercise of its powers and discharge of its functions under this Act.

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

18 · 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.

19 · 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 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.

20 · 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.

21 · 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 such pension and provident funds as it may deem fit.

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

23 · 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.

24 · 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 and nursing degrees, diplomas, certificates and other academic distinctions and titles under this Act.

25 · Recognition of medical qualifications granted by Institute . —N —Notwithstanding anything contained in the Indian Medical Council Act, 1956 (102 of 1956), the Rehabilitation Council of India Act, 1992 (34 of 1992), the Indian Nursing Council Act, 1947 (48 of 1947) and the University Grants Commission Act, 1956 (3 of 1956), the medical degrees, diplomas, nursing degrees and certificates 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 Schedule to the respective Acts.

26 · 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.

27 · 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 or difference arises between the Institute and the Central Government, the decision of the Central Government thereon shall be final.

28 · 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.

29 · Transfer of service of existing employees . — Subject to the provisions of this Act, every person who is employed in the National Institute of Mental Health and Neuro-Sciences, Bangalore, immediately before the commencement of this Act, shall, on and from such commencement, become an employee of the Institute and shall hold his office or service therein 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 on the date of commencement of this Act if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations:

30 · Power to make rules . — (1) The Central Government may in consultation with the Institute by notification in the Official Gazette, make rules to carry out the purposes of this Act.

31 · 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—

32 · 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.

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

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