The National Institutes of Mental Health And Neuro-Science, Bangalore, Act, 2012

The National Institutes of Mental Health And Neuro-Science, Bangalore, Act, 2012 (Act No. 38 of 2012) dated 13th September, 2012 was enacted with object to make  ‘The National Institute of Mental Health and Neuro-Sciences, Bangalore’ as of National importance and also makes provisions to provide for its incorporation.

The Institution namely, ‘The National Institute of Mental Health and Neuro-Sciences, Bangalore’(NIMHANS) was established as an autonomous body and on 27th December, 1974, it was registered under The Karnataka Societies Registration Act, 1960 by integrating the earlier Institutions namely, ‘All India Institute of Mental Health’ under The Government of India and ‘Mental Hospital, Bangalore’ under the Government of Karnataka. However, in the year 2010 the NIMHANS Institution was sought to be declared as of National importance by presenting ‘The National Institute of Mental Health and Neuro-Sciences, Bangalore Bill, 2010. And on this Bill replaced with an Act of 2010 the NIMHANS Institution was turned into the one of national importance as per Section 2 of the Act. Similarly, the Act under its Section 3 defines certain terms used under the provisions of the Act which are also important so far as interpretation of the Statute is concerned. Moreover, Section 4 of the Act contains the provision relating to incorporation of this NIMHANS Institute by constituting it as corporate body having perpetual succession and common seal and all other features and powers as the company can have, however, such powers in respect to acquisition and disposition of properties by NIMHANS institute should only be exercised subject to provisions of this Act. Similarly, the Act itself specifically provides for the Objects of the Institute under its Section 13, wherein a list of objects for which the Institute should serve for, are provided including, the development of patterns of teaching in graduate and postgraduate medical education, etc.

The members of the NIMHANS institute who shall consist the institute are enlisted under Section 5 of the Act which including the Minister of Health and Family Welfare, the Minister of Health and Family Welfare (Medical Education) of Government of Karnataka, Secretary to the Government of India in the Ministry or Department of Health and Family Welfare, the Director of the Institute, Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) Ministry of Finance, Department of Expenditure, the Secretary to the Government of India or his nominee (not below the rank of Joint Secretary) in the Department of Higher Education, Ministry of Human Resource Development, the Director-General of Health Services, Government of India, the Vice-Chancellor of Rajiv Gandhi University of Health Sciences, Karnataka, the Chief Secretary to the Government of Karnataka or his nominee (not be below the rank of Secretary to that Government) and others. The total number of members of NIMHANS institute as provided under the list of clauses of this Section is twenty three including all aforementioned. Similarly, Section 6 of the Act deals with terms of Office and conditions regarding service of such Members.

Section 7 of the Act deals with nomination of President of NIMHANS Institute, who shall be one from such Members and not the Director of NIMHANS Institution. Such nomination is to be made by the Central Government. Likewise, the Section 8 deals with nomination of Vice-President of the NIMHANS institute, whose nomination should also be made by the Central Government from the Members of NIMHANS institute and who should not be Director of such Institute. Further, Section 9 makes provision as to prescribed allowances to be received by such Members, President and Vice-President of the NIMHANS Institute.

Moreover, the Section 11 of the Act provides for constitution of Governing body of the NIMHANS institute, and such body should be constituted by the Institute itself. The Members of such Governing body should include in the ratio, not exceeding one third from other than those who are Members of Institute and remaining others are to taken from Institute itself. This Governing body is treated as Executive Committee of the NIMHANS institute and responsible for performing such functions and discharging such obligations as this NIMHANS institute prescribed thereof. Moreover, the constitution of Standing Committee is required under Section 11(5) of the Act and the Chairperson of Members of such Governing Body should be the same Chairperson of Member of Standing Committee.

Further, Section 12 of the Act make provision as to appointment of Staff of NIMHANS Institute, which shall include Chief Executive officer or Director of Institute and number of other Officers or Employees, who should be paid salary and allowances and should also be subject to such condition of service and other rules of pension, etc. as specified thereof.

Section 13, as discussed above, dealing with various objects of the NIMHANS Institute. Similarly, Section 14 of the Act dealt with various functions to be performed by Institute enlisted under various clauses of this Section including such other functions as deemed necessary for carrying out the object discussed under Section 13 of the Act.

The other important provision i.e. Section 17, dealing with maintenance of Fund by Institute which should be credited moneys from Central Government and from Government of Karnataka, fees or other charges which Institute receives, money received from grants, gifts, donations, etc. and moneys received from other sources. And Section 18 and 19 of the Act dealt with preparation of budget and maintenance of Account and Audit by Institute respectively. The provision for Pension and Provident fund constitution by NIMHANS Institute for its officers, teachers and other employees is given under Section 21 of the Act.

Section 30 of the Act empowers the Central Government to make rules for the purpose of this Act on the matters enlisted under this Section. However, the power of the Central Government under this provision is to be exercised by such Government in consultation with the NIMHANS Institute. Similarly, the NIMHANS Institute is empowered under subsequent Section to make Regulation with the prior approval of the Central Government and should also be within the scope of the Act and not ultra virus to it. And the said Regulation should consist of the matters enlisted under several clauses of this Section.

by Faim Khalilkhan Pathan