S.1 Short title and commencement

       (1) This Act may be called the National Institute of Mental Health and Neuro-Sciences, Bangalore Act, 2012.
       (2) It shall come into force on such 1date as the Central Government may, by notification in the Official Gazette, appoint.
       
       1. Effective from 29.11.2013 vide Notification No. SO3534(E) Dated 29.11.2013.

S.2 Declaration of National Institute of Mental Health and Neuro-Sciences, Bangalore, as an institution of national importance

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.

S.3 Definitions

       In this Act, unless the context otherwise requires,--
       (a) "Fund" means the Fund of the Institute referred to in section 17;
       (b) "Governing Body" means the Governing Body of the Institute;
       (c) "Institute" means the institution known as the National Institute of Mental Health and Neuro-Sciences, Bangalore, incorporated under this Act;
       (d) "member" means a member of the Institute;
       (e) "prescribed" means prescribed by rules made under this Act;
       (f) "specified" means specified by regulations made under this Act.

S.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.

S.5 Composition of Institute

       (1) The Institute shall consist of the following members, namely:--
       (a) the Minister of Health and Family Welfare, ex officio;
       (b) the Minister of Health and Family Welfare (Medical Education), Government of Karnataka, ex officio;
       (c) Secretary to the Government of India in the Ministry or Department of Health and Family Welfare, ex officio;
       (d) the Director of the Institute, ex officio;
       (e) Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) Ministry of Finance, Department of Expenditure, ex officio;
       (f) Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) in the Department of Highe

S.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.
       (2) The term of office of a member elected under clause (l) of sub-section (1) of section 5 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 elected.
       (3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member.
       (4) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nom

S.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.
       (2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed.

S.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.

S.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.

S.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.

S.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 :
       Provided that the number of persons who are not members of the Institute shall not exceed one-third of the total membership of the Governing Body.
       (2) The Governing Body shall be the executive committee of the Institute and shall exercise such powers and discharge such functions as the Institute may specify in this behalf.
       (3) The President of the Institute shall be the Chairperson of the Governing Body and as Chairperson thereof he shall exercise such powers and discharge such functions as may be specified.
       (4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing

S.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:
       Provided that the first Director of the Institute shall be appointed by the Central Government.
       (2) The Director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
       (3) The Director shall act as the Secretary to the Institute as well as the Governing Body.
       (4) The Director shall exercise such powers and discharge such functions as may be specified or as may be delegated to him by the Institute or the President of the Institute or the Gover

S.13 Objects of Institute

       The objects of the Institute shall be--
       (a) to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches with a focus on mental health, neuro-sciences and allied specialities so as to demonstrate a high standard of medical education;
       (b) to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity;
       (c) to attain self-sufficiency in postgraduate medical education to meet the country's needs for specialists and medical teachers, particularly in the field of mental health, neuro-sciences and allied specialities;
       (d) to evolve innovative strategies to offer diagnostic and comprehensive therapeutic service

S.14 Functions of Institute

       With a view to the promotion of the objects specified in section 13, the Institute may--
       (a) provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences including physical and biological sciences;
       (b) provide facilities for research in the various branches of such sciences;
       (c) provide for the teaching of humanities;
       (d) conduct experiments in new methods of medical education, both undergraduate and postgraduate, in order to arrive at high standard of such education;
       (e) specify courses and curricula for both undergraduate and postgraduate studies;
       (f) not with standing anything contained in any other law for

S.15 Vesting of property

       (1) The properties of the National Institute of Mental Health and Neuro-Sciences, Bangalore, registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act XVII of 1960) shall, on the date of commencement of this Act, vest in the Institute.
       (2) All income and property of the Institute shall be applied towards the promotion of the objects thereof as set forth in this Act.
       (3) No portion of the income and property of the Institute shall be paid or transferred, directly or indirectly, by way of profit to the persons, who at any time, or have been members of the Institute:
       Provided that nothing herein contained shall prevent the payment of remuneration and other allowances to any member thereof or other persons for the services rendered to the Institute.

S.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.

S.17 Fund of Institute

       (1) The Institute shall maintain a Fund to which shall be credited--
       (a) all moneys provided by the Central Government and the State Government of Karnataka;
       (b) all fees and other charges received by the Institute;
       (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and
       (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 i

S.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.

S.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.
       (2) The accounts of the 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 accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and

S.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.

S.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.
       (2) Where any such pension or provident fund has been 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.

S.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.

S.23 Acts and proceedings not to be invalidated by vacancies, etc.

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.

S.24 Grant of medical degrees diplomas, etc., by Institute

Not with standing 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.

S.25 Recognition of medical qualifications granted by institute

Not with standing 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.

S.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.

S.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.

S.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.

S.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:
       Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his di

S.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.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
       (a) the manner of nomination of members under clauses (j) and (k) of sub-section (1) of section 5;
       (b) the manner of filling vacancies of members under sub-section (8) of section 6;
       (c) the powers and functions to be exercised and discharged by the President of the Institute under sub-section (2) of section 7;
       (d) the allowances to be paid to the President and other members of the Institute under

S.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 there under to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for--
       (a) the summoning and holding of meetings, other than the first meeting, of the Institute, the time and place where such meetings are to be held and the conduct of business at such meetings under section 10;
       (b) the manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies therein, the allowances to be paid to the members and the procedure to be followed by the Governing Body; standing and ad hoc committees in the conduct of their business, exerci

S.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.

S.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:
       Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
       (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.