28Power to make rules
(1) The Central Government, after consultation with 1[all the Institutes], 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 the making of rules under this section, but the Central Government shall take into consideration any 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 clause (f) of section 4;
2[(aa) the proportion of allowances of the President to be borne by the Institutes under the proviso to section 8;]
(b) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;
(c) the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of 3[every Institute];
(d) the powers and functions to be exercised and discharged by the President of the Institute;
(e) the allowances, if any, to be paid to the President and members of the Institute;
(f) the number of officers and employees that may be appointed by the Institute and the manner of such appointment;
(g) the form in which and the time at which the budget and reports shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government;
(h) the form and manner in which returns and information are to be furnished by the Institute to the Central Government;
(i) any other matter which has to be or may be prescribed by rules.
4[(3) Every rule made under this section 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 both Houses agree that the rule should not be made, the rule 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.]
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1 Subs. by Act 37 of 2012, s. 24, for "the Institute" (w.e.f. 16-7-2012).
2 Ins. by Act 37 of 2012, s. 24 (w.e.f. 16-7-2012).
3 Subs. by s. 24, ibid., for "the Institute" (w.e.f. 16-7-2012).
4 Subs. by Act 4 of 1986, s. 2 and the Schedule, for sub-section (3) (w.e.f. 15-5-1986).
- 1 Short title and commencement
- 2 Definitions
- 3 Establishment and incorporation of the Institute
- 4 Composition of the Institute
- 5 Declaration of Institutes as institution of national importance
- 6 Term of office of, and vacancies among, members
- 7 President of the Institute
- 8 Allowances of President and members
- 9 Meetings of the Institute
- 10 Governing Body and other Committees of the Institute
- 11 Staff of the Institute
- 12 Location of the Institute
- 13 Objects of the Institute
- 14 Functions of the Institute
- 15 Payment to the Institute
- 16 Fund of the Institute
- 17 Budget of the Institute
- 18 Accounts and audit
- 19 Annual Report
- 20 Pension and provident funds
- 21 Authentication of the orders and instruments of the Institute
- 22 Acts and proceedings not to be invalidated by vacancies, etc
- 23 Recognition of Medical, dental and nursing qualifications granted by the Institute
- 24 Grant of medical, dental or nursing degrees, diplomas, etc., by the Institute
- 25 Control by Central Government
- 26 Disputes between the Institute and the Central Government
- 27 Returns and information
- 27A Incorporation of Institute registered as society under the Societies Registration Act, 1860
- 27B Effect of incorporation of Institutes
- 27C Provisions of this Act to apply to societies incorporated into All-India Institutes of Medical Science under section 27A
- 27D Power to make transitory provisions for Institutes (other than existing Institute)
- 28 Power to make rules
- 29 Power to make regulations