NIPER COUNCIL RULE

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 387] NEW DELHI, WEDNESDAY, JUNE 1, 2022/JYAISHTHA 11, 1944 MINISTRY OF CHEMICALS AND FERTILIZERS (Department of Pharmaceuticals) NOTIFICATION New Delhi the 1st June, 2022 G.S.R. 408(E).—In exercise of the powers conferred by section 30E of the National Institute of Pharmaceutical Education and Research Act, 1998(13 of 1998), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.- (1) These rules may be called the Council (National Institute of Pharmaceutical Education and Research) Rules, 2022 (2) They shall come into force from the date of notification in Official Gazette. 2. Definitions – (1) In these rules, unless the context otherwise requires,- (a) ‘Act’ means the National Institute of Pharmaceutical Education and Research Act, 1998 (13 of 1998); (b) ‘Council’ shall have the same meaning as assigned to it in clause (ca) of section 3 of the Act; (c) ‘Secretary’ means the Member Secretary of the Council. (2) Words and expressions used herein and not defined, but defined in the Act shall have the same meaning respectively as assigned to them in the Act. 3. Manner of filling vacancies.- The Secretary shall invite the members nominated by the Visitor under clause (i) of sub-section (2) of section 30A of the Act within a reasonable time not ordinarily exceeding eight weeks from the date on which such invitations are issued by him. (2) The procedure mentioned in sub – rule (1) shall also be followed for filling casual vacancies on the Council. 4. Disqualification and removal of member.—(1) A person shall be disqualified to be a member, if he- (a) is an undischarged bankrupt; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest (f) fails to attend three consecutive meetings without leave of absence from the Council: (2) No member shall be removed under clauses (d), (e) and (f) of sub-rule (1) unless he has been given a reasonable opportunity of being heard in the matter. 5. Meeting and manner of conducting business thereat.- (1) The Council shall meet at least once in every six month. (2) Meetings of the Council shall be convened by the Chairperson of the Council either on its own initiative or at the request of the Secretary or on a requisition signed by not less than four members of the Council. (3) The requisite quorum for a Council meeting shall be one-third of the actual strength of the Council. (4) The Chairperson of the Council shall ordinarily preside at every meeting of the Council: Provided that in the absence of the Chairperson, the Vice-Chairperson shall preside at the meetings of the Council: Provided further that in the absence of both the Chairperson and the Vice-Chairperson, any other member, chosen from amongst themselves by the members present at the meeting shall preside at that meeting. (5) A written notice of every meeting shall be sent by the Secretary to every member three weeks before the date of the meeting. (6) The notice shall state the place, date and time of the meeting. (7) The period of notice may be reduced or waived with prior consent of the Chairperson. (8) Notices of motions for inclusion of any item in the agenda must reach the Secretary two weeks before the meeting. (9) Agenda for a meeting shall be circulated by the Secretary to the members ten days before a meeting. (10) The Chairperson of the Council may however, permit inclusion of any item for which due notice has not been received. (11) The ruling of the Chairperson of the Council in this regard to all questions of procedure shall be final. (12) The minutes of the proceedings of a meeting of the Council shall be drawn up by the Secretary and circulated to all members of the Council. (13) The minutes, together with any amendment suggested, shall be placed for confirmation of the Council at its next meeting. (14) After the minutes are confirmed and signed by the Chairperson of the Council, they shall be recorded in a minute book which shall be kept open for inspection of the members of the Council at all times during office hours. (15) All questions considered at the meetings of the Council, shall be decided by a majority of the votes of the members present, including the Chairperson of the Council. (16) If the votes are equally divided, the Chairperson of the Council shall have a second or casting vote. (17) Notwithstanding anything contained in sub-rule (5), meeting of the council at which any matter which is considered urgent by the Chairperson or Secretary or on a requisition signed by not less than four members of the Council has to be taken, may be called at a shorter notice. 6. Travelling and other allowances.- (1) No member except members referred to in clauses (d) and (i) of sub-section (2) of section 30A of the Act shall be entitled to draw any fee, travelling allowance or daily allowance. (2) The travelling and other allowances of the members referred to in clauses (d) and (i) of sub- section (2) of section 30A of the Act shall be governed in accordance with the instructions issued vide Ministry of Finance, Department of Expenditure OM No.19047/1/2016 E.IV dated th (3) Members of Parliament referred to in clause (j) of sub-section (2) of section 30A of the Act shall be entitled to draw only compensatory allowance in accordance with the clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959). 7. Functions and manner of exercising thereof.- (1) The Council shall exercise such functions as are assigned to it by the Act. (2) The Council shall exercise its functions either directly or delegate such of its functions as considered necessary to Chairperson of the Council. (3) The actions taken by the Chairperson of the Council, in exercise of such a delegation, shall be reported to the Council at its next meeting. (4) Where it is not expedient to convene a meeting, the Secretary may with the approval of the Chairperson of the Council, circulate such item or items, as are considered necessary, among the members and obtain their comments to enable the Chairperson of the Council to take decisions thereon. (5) Such matters shall be reported to the Council at its next meeting. (6) The Council may set up such Committee or Committees, standing or ad hoc, with definite terms of reference, as are considered necessary. (7) The report or reports of such Committee or Committees shall be placed or consideration and decisions of the Council at its meeting. 8. Interpretation. - Save as provided in sub-rule (11) of rule 4, if any question arises relating to the interpretation of these rules, the decision of the Central Government thereon shall be final. RAJNEESH TINGAL, Jt. Secy. and Published by the Controller of Publications, Delhi-110054. MANOJ KUMAR VERMA