Section 3 in The National Institute of Pharmaceutical Education and Research Act, 1998

Title: Definitions

Description: 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. Subs. by Act 19 of 2007, s. 2, for clause (g) (w.e.f. 29-1-2007).

Title: Establishment of Institute

Description: (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. 1[(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; 2[(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; 1[(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 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: 3[Provided 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 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. 1. Ins. by Act 19 of 2007, s. 3 (w.e.f. 29-1-2007). 2. Subs. by s. 3, ibid., for clause (d) (w.e.f. 29-1-2007). 3. Ins. by Act 28 of 2002, s. 2 (w.e.f. 27-5-2002).

Title: Centres of Institute

Description: 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. Ins. by Act 19 of 2007, s. 4 (w.e.f. 29-1-2007)

Title: Vesting of properties

Description: 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.

Title: Effect of incorporation of Institute

Description: 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 condition 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.