Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008
Power to make rules.
- (1)The Central Government, after consultation with the Institute, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that consultation with the Institute, shall not be necessary on the first occasion of making of rules under this section, but the Central Government shall take into consideration the suggestions which the Institute may make in relation to the amendment of such rules after they are made.
- (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 under sub-section (8) of section 6;
- (c)the powers and functions to be exercised and discharged by the President of the Institute under section 7;
- (d)the allowances to be paid to the President and other members of the Institute under section 8;
- (e)the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
- (f)the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute appointed by the Institute under section 11;
- (g)the form in which, and the time at which, the budgets and reports shall be prepared by the Institute under section 17;
- (h)the form of annual statement of accounts including balance-sheet under sub-section (1) of section 18;
- (i)the form of annual report under section 19;
- (j)any other matter which has to be or may be prescribed by rules.
Summary
- The Central Government has the power to make rules to carry out the purposes of the Act.
- These rules are made by publishing a notification in the Official Gazette.
- The Central Government must consult the Institute before making rules, except for the very first time rules are made.
- If the Institute makes suggestions for amending the rules later, the Central Government must consider them.
- These rules can cover many specific areas like how certain members are nominated, filling vacancies, the President's powers, allowances, committee restrictions, and formats for budgets and reports.
Practical examples
FAQ
1. Who creates the rules under this section?
The Central Government makes the rules.
2. How are the rules officially announced?
They are published by notification in the Official Gazette.
3. Does the government have to ask the Institute before making rules?
Yes, they must consult the Institute, but this consultation is not required on the very first occasion of making rules.
4. What kind of administrative things do the rules cover?
They cover member nominations, allowances, the term and salary of the Director, and the formats for reports and budgets.
Test yourself
Q1.Under Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, which entity holds the authority to make rules?
Q2.Under Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, when is the Central Government excused from consulting the Institute about making rules?
Q3.Under Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, rules can dictate how members under Section 5(1)(j) are nominated. According to Section 5, who do these four nominated members represent?
Q4.Under Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, rules can outline the powers of the President of the Institute appointed under Section 7. Based on Section 7, which member is strictly excluded from being nominated as President?
Q5.Under Section 29 of The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry, Act, 2008, rules may prescribe the form and timing for which specific financial document under Section 17?