2
[4. Establishment and incorporation of Institutes.]—3
[(1) Each of the Institutes mentioned in
column (3) of the Schedule shall be a body corporate.]
(2) 4
[Each 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.
5
[(2A) The Central Government may, by notification in the Official Gazette, establish similar
Institutes in different parts of the country.]
6
[(3) The Board of Governors of an Institute shall consist of the following persons, namely:—
(a) a Chairperson, who shall be an eminent academician or scientist or technologist or
professional, to be nominated by the Visitor;
(b) the Director of the institute, ex officio;
(c) the Joint Secretary to the Government of India in Department of Pharmaceuticals dealing with
the national institutes of pharmaceutical education and research, ex officio;
(d) the Secretary, dealing with medical or technical education in the State Government concerned,
ex officio;
(e) the representative of Drug Controller General of India, Ministry of Health and Family Welfare
of the Government of India, ex officio;
(f) three eminent pharmaceutical experts, at least one of whom shall be a woman, having special
knowledge or practical experience in education, research and biotechnology, to be nominated by the
Council;
(g) two pharmaceutical industrialists to be nominated by the Council;
(h) two professors of the institute, to be nominated by the Senate:
Provided that one member from amongst members to be nominated under clauses (f), (g) and (h) shall
be either from the Scheduled Castes or from the Scheduled Tribes.]
(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.
7* * * * *
(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. Subs. by Act 43 of 2021, s. 5, for “the Institute” (w.e.f. 25-5-2022).
2. Subs. by s. 6, ibid., for marginal heading (w.e.f. 25-5-2022).
3. Subs. by s. 6, ibid., for sub-section (1) (w.e.f. 25-5-2022).
4. Subs. by s. 6, ibid., for “The Institute” (w.e.f. 25-5-2022).
5. Ins. by Act 19 of 2007, s. 3 (w.e.f. 29-1-2007).
6. Subs. by Act 43 of 2021, s. 6, for sub-section (3) (w.e.f. 25-5-2022).
7. Proviso omitted by s. 6, ibid. (w.e.f. 25-5-2022).
5
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 2***.]
5. [Vesting of properties.]—omitted by the National Institute of Pharmaceutical Education and
Research (Amendment) Act, 2021 (43 of 2021), s. 8 (w.e.f. 25-5-2022).
6. Effect of incorporation of Institute.—3
[On and from the appointed day, in relation to the National
Institute of Pharmaceutical Education and Research, Mohali],—
(a) any reference to the Society in any contract or other instrument shall be deemed as a reference
to 4
[that Institute];
5
[(aa) all property, movable and immovable of, or belonging to, the Society, shall vest in that
Institute;]
(b) all the rights and liabilities of the Society shall be transferred to, and be the rights and
liabilities of, 4
[that Institute]; and
(c) every person employed by the Society immediately before the appointed day shall hold office
or service in 4
[that 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 4
[that 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 4
[that 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.
7. Functions of 6
[Institutes].—The functions of the Institute shall be—
(i) to nurture and promote quality and excellence in pharmaceutical education and research;
7
[(ii) to develop courses leading to graduate and post graduate degrees, doctoral and post-doctoral
distinctions and research in pharmaceutical education or to develop integrated courses relating
thereto;
(iia) to conduct executive education courses, short-term certificate courses, training programmes,
online or distant education, diploma courses and such other short-term executive courses;]
(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 8
[by promoting collaborative research, exchange of faculty members,
researchers] 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;
1. Ins. by Act 19 of 2007, s. 4 (w.e.f. 29-1-2007).
2. The words “within its jurisdiction” omitted by Act 43 of 2021, s. 7 (w.e.f. 25-5-2022).
3. Subs. by s. 9, ibid., for “On and from the appointed day” (w.e.f. 25-5-2022).
4. Subs. by s. 9, ibid., for “the Institute” (w.e.f. 25-5-2022).
5. Ins. by s. 9, ibid. (w.e.f. 25-5-2022).
6. Subs. by s. 10, ibid., for “Institute” (w.e.f. 25-5-2022).
7. Subs. by s. 10, ibid., for clause (ii) (w.e.f. 25-5-2022).
8. Subs. by s. 10, ibid., for “by exchange of faculty members” (w.e.f. 25-5-2022).
6
(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 art
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;
1
[(xa) to establish Centres of Excellence for drug discovery and development and medical
devices;]
(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.
8. Powers of 2
[Board of an Institute].—(1) Subject to the provisions of this Act, the 2
[Board of an
Institute] shall be responsible for the general superintendence, direction and control of the affairs of the
Institute and shall exercise all the powers not otherwise provided for by this Act, the Statutes and the
Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the 2
[Board of an Institute] shall—
(a) take decisions on questions of policy relating to the administration and working of the
Institute;
(b) fix, demand and receive fees and other charges;
(c) supervise and control the residence and regulate the discipline of students of the Institute and
to make arrangements for promoting their health, general welfare and cultural and corporate life;
(d) institute academic and other posts and to make appointments thereto (except in the case of the
Director);
(e) frame Statutes and Ordinances and to 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 the budget
estimates of the Institute for the next financial year as it thinks fit together with a statement of its
development plans; and
(h) do all such things as may be necessary, incidental or conducive to the attainment of all or any
of the aforesaid powers.
1. Ins. by Act 43 of 2021, s. 10 (w.e.f. 25-5-2022).
2. Subs. by s. 11, ibid., for “Board” (w.e.f. 25-5-2022).
7
(3) The 1
[Board of an Institute] shall have the power to appoint such committees as it considers
necessary for the exercise of its powers and the performance of its duties under this Act.
(4) Notwithstanding anything contained in sub-section (2) of section 4, the 1
[Board of an Institute]
shall not dispose of in any manner any immovable property without the prior approval of the Central
Government.
9. 2
[Institutes] to be open to all races, creeds and classes.—(1) 3
[Every 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 4
[any Institute] which in the
opinion of the Board involves conditions or obligations opposed to the spirit and object of this section.
10. Teaching at 5
[Institutes].—All teaching at 6
[each of the Institutes] shall be conducted by or in
the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf.
11. Visitor.—(1) The President of India shall be the Visitor of 7
[every Institute].
(2) The Visitor may appoint one or more persons to review the work and progress of 8
[any 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.
12. Authorities of 9
[Institutes].—The following shall be the other authorities of 10[an Institute],
namely:—
(a) a Senate;
(b) such other authorities as may be declared by the Statutes to be the authorities of the Institute.
13. Senate.—The Senate of 11[each Institute] shall consist of the following persons, namely:—
(a) the Director, ex officio, who shall be the Chairperson of the Senate;
(b) the Dean, ex officio;
(c) five professors of the Institute, to be nominated by the Chairperson in consultation with the
Director, by rotation;
(d) three persons, not being employees of the Institute, to be nominated by the Chairperson in
consultation with the Director, from among educationists of repute, one each from the fields of
science, engineering and humanities and one of them shall be either from the Scheduled Castes or
from the Scheduled Tribes; and
(e) such other members of the staff as may be laid down in the Statutes.
14. Functions of Senate.—Subject to the provisions of this Act, the Statutes and the Ordinances, the
12[senate of each Institute] shall have the control and general regulation, and be responsible for the
1. Subs. by Act 43 of 2021, s. 11, for “Board” (w.e.f. 25-5-2022).
2. Subs. by s. 12, ibid., for “Institute” (w.e.f. 25-5-2022).
3. Subs. by s. 12, ibid., for “The Institute” (w.e.f. 25-5-2022).
4. Subs. by s. 12, ibid., for “the Institute” (w.e.f. 25-5-2022).
5. Subs. by s. 13, ibid., for “Institute” (w.e.f. 25-5-2022).
6. Subs. by s. 13, ibid., for “the Institute” (w.e.f. 25-5-2022).
7. Subs. by s. 14, ibid., for “the Institute” (w.e.f. 25-5-2022).
8. Subs. by s. 14, ibid., for “the Institute” (w.e.f. 25-5-2022).
9. Subs. by s. 15, ibid., for “Institute” (w.e.f. 25-5-2022).
10. Subs. by s. 15, ibid., for “the Institute” (w.e.f. 25-5-2022).
11. Subs. by s. 16, ibid., for “the Institute” (w.e.f. 25-5-2022).
12. Subs. by s. 17, ibid., for “senate of the Institute” (w.e.f. 25-5-2022).
8
maintenance of standards of instruction, education and examination in the Institute and shall exercise such
other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
15. Functions, powers and duties of Chairperson.—(1) The Chairperson shall ordinarily preside at
the meetings of the Board and at the Convocations of the Institute.
(2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Board are
implemented.
(3) The Chairperson shall exercise such other powers and perform such other duties as may be
assigned to him by this Act or the Statutes.
16. Director.—(1) The 1
[Director of each Institute shall be appointed by the Council] with the prior
approval of the Visitor.
(2) The Director shall be the principal academic and executive officer of the Institute and shall be
responsible for the proper administration and academic performance of the Institute and for imparting of
instruction and maintenance of discipline therein.
(3) The Director shall submit annual reports and accounts to the Board.
(4) The Director shall exercise such other powers and perform such other duties as may be assigned to
him by this Act or the Statutes or the Ordinances.
17. Dean.—(1) The Dean of 2
[each Institute] shall be appointed on such terms and conditions as may
be laid down by the Statutes and shall exercise such powers and perform such duties as may be assigned
to him by this Act or the Statutes or the Director.
(2) The Dean shall report to the Director.
18. Registrar.—(1) The 3
[Registrar of each Institute] shall be appointed on such terms and conditions
as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of
the Institute and such other property of the Institute as the Board shall commit to his charge.
(2) The Registrar shall act as the Secretary of the Board, the Senate and such committees as may be
prescribed by the Statutes.
(3) The Registrar shall be responsible to the Director for the proper discharge of his functions.
(4) The Registrar shall exercise such other powers and perform such other duties as may be assigned
to him by this Act or the Statutes or the Director.
19. Powers and duties of other authorities and officers.—The powers and duties of authorities and
officers, other than those hereinbefore mentioned, shall be determined by the Statutes.
20. Grants by Central Government.—For the purpose of 4
[enabling the Institutes] to discharge its
functions efficiently under this Act, the Central Government may, after due appropriation made by
Parliament by law in this behalf, 5
[pay to each Institute] in each financial year such sums of money and in
such manner as it may think fit.
21. Fund of 6
[Institutes].—(1) 7
[Every Institute shall] maintain a Fund to which shall be credited—
(a) all moneys provided by the Central Government;
(b) all fees and other charges;
(c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests
or transfers; and
1. Subs. by Act 43 of 2021, s. 18, for “Director of the Institute shall be appointed by the Board” (w.e.f. 25-5-2022).
2. Subs. by s. 19, ibid., for “the Institute” (w.e.f. 25-5-2022).
3. Subs. by s. 20, ibid., for “Registrar of the Institute” (w.e.f. 25-5-2022).
4. Subs. by s. 21, ibid., for “enabling the Institute” (w.e.f. 25-5-2022).
5. Subs. by s. 21, ibid., for “pay to the Institute” (w.e.f. 25-5-2022).
6. Subs. by s. 22, ibid., for “Institute” (w.e.f. 25-5-2022).
7. Subs. by s. 22, ibid., for “The Institute shall” (w.e.f. 25-5-2022).
9
(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 duties under this Act.
22. Setting up of endowment fund.—Notwithstanding anything contained in section 21, the Central
Government may direct 1
[every Institute] to—
(a) set up an endowment fund and any other fund for specified purpose;
(b) transfer money from its Fund to endowment fund or any other fund.
23. Accounts and audit.—(1) 2
[Every Institute] shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be
specified, in accordance with such general directions as may be issued by the Central Government in
consultation with the Comptroller and Auditor-General of India.
(2) The accounts of 3
[every 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 4
[accounts of any 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.
(4) The accounts of 3
[every 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 each
House of Parliament.
24. Pension and provident fund.—(1) 5
[Every Institute] shall constitute, for the benefit of its
employees, including the Director, in such manner and subject to such conditions as may be prescribed by
the Statutes, such pension, insurance and provident funds as it may deem fit.
(2) Where any such provident fund has been so 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.
25. Appointments.—All appointments of the staff of 6
[an Institute], except that of the Director, shall
be made in accordance with the procedure laid down in the Statutes—
(a) by the Board, if the appointment is made on the academic staff in the post of Assistant
Professor or above or if the appointment is made on the non-academic staff in any cadre, the
maximum of the pay-scale for which is the same or higher than that of Assistant Professor; and
(b) by the Director, in any other case.
26. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely:—
(a) the formation of departments of teaching;
1. Subs. by Act 43 of 2021, s. 23, for “the Institute” (w.e.f. 25-5-2022).
2. Subs. by s. 24, ibid., for “The Institute” (w.e.f. 25-5-2022).
3. Subs. by s. 24, ibid., for “the Institute” (w.e.f. 25-5-2022).
4. Subs. by s. 24, ibid., for “accounts of the Institute” (w.e.f. 25-5-2022).
5. Subs. by s. 25, ibid., for “The Institute” (w.e.f. 25-5-2022).
6. Subs. by s. 26, ibid., for “the Institute” (w.e.f. 25-5-2022).
10
(b) the institution of fellowships, scholarships, exhibitions, medals and prizes;
(c) the classification, the method of appointment and the determination of the terms and
conditions of service of officers, teachers and other staff of the Institute;
(d) the reservation of posts for the Scheduled Castes, the Scheduled Tribes and other categories of
persons as may be determined by the Central Government, from time to time;
(e) the constitution of pension, insurance and provident funds for the benefit of the officers,
teachers and other staff of the Institute;
(f) the constitution, powers and duties of the authorities of the Institute;
(g) the establishment and maintenance of halls and hostels;
(h) the manner of filling vacancies among members of the Board;
(i) the authentication of the orders and decisions of the Board;
(j) the meetings of the Senate, the quorum at such meetings and the procedure to be followed in
the conduct of their business; and
(k) any other matter which by this Act is to be, or may be, prescribed by the Statutes.
27. Statutes how made.—(1) The first Statutes of 1
[every Institute] shall be framed by the Board
with the previous approval of the Visitor and a copy of the same shall be laid as soon as may be before
each House of Parliament.
(2) The Board may, from time to time, make new or additional Statutes or may amend or repeal the
Statutes in the manner hereafter in this section provided.
(3) A new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the
previous approval of the Visitor who may assent thereto or withhold assent or remit it to the Board for
consideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless
it has been assented to by the Visitor.
28. Ordinances.—Subject to the provisions of this Act and the Statutes, the 2
[Ordinances of each
Institute] may provide for all or any of the following matters, namely:—
(a) the admission of the students to the Institute;
(b) the reservation for the Scheduled Castes, the Scheduled Tribes and other categories of person;
(c) the courses of study to be laid down for all degrees of the Institute;
(d) the conditions under which students shall be admitted to the degree courses and to the
examinations of the Institute and shall be eligible for degrees;
(e) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes;
(f) the conditions and mode of appointment and duties of examining bodies, examiners and
moderators;
(g) the conduct of examinations;
(h) the maintenance of discipline among the students of the Institute;
(i) the fees to be charged for courses of study in the Institute and for admission to the
examinations of degrees of the Institute;
(j) the conditions of residence of students of the Institute and the levying of the fees for residence
in the halls and hostels and of other charges; and
1. Subs. by Act 43 of 2021, s. 27, for “the Institute” (w.e.f. 25-5-2022).
2. Subs. by s. 28, ibid., for “Ordinances of the Institute” (w.e.f. 25-5-2022).
11
(k) any other matter which by this Act or the Statutes is to be, or may be, provided for by the
Ordinances.
29. Ordinances how made.—(1) Save as otherwise provided in this section, Ordinances shall be
made by the Senate.
(2) All Ordinances made by the Senate shall have effect from such date as it may direct, but every
Ordinance so made shall be submitted, as soon as may be, to the Board and shall be considered by the
Board at its next succeeding meeting.
(3) The Board shall have power by resolution to modify or cancel any such Ordinances and such
Ordinances shall from the date of such resolution stand modified accordingly or cancelled, as the case
may be.
30. Tribunal of Arbitration.—(1) Any dispute arising out of a contract between the Institute and any
of its employees shall, at the request of the employee concerned or at the instance of the Institute, be
referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member
nominated by the employee, and an umpire appointed by the Visitor.
(2) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
(3) No suit or proceeding shall lie in any court in respect of any matter which is required by
sub-section (1) to be referred to the Tribunal of Arbitration.
(4) The Tribunal of Arbitration shall have power to regulate its own procedure.
(5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitrations
under this section.