[Repealed by Act 23 of 20162]
Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows
Prefatory Note The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry was declared as an institution of national importance by the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry Act, 2008. The Act was brought into force on the 14th July, 2008 by the Central Government under sub-section (2) of Section 1 of the Act.
2. Prior to its incorporation as an autonomous body under Section 4 of the aforesaid Act, the Institute was functioning as an institution under the Ministry of Health and Family Welfare. Hence, on the incorporation of the institution, every employee of the Institute prior to its conversion was given an option under sub-section (1) of Section 28 of the aforesaid Act to exercise his or her option within a period of one year from the date of commencement of the Act either to remain as an employee of the autonomous Institute or to opt out of the Institute and continue to remain as a Central Government employee. A number of employees of the institution have already exercised their option in terms of sub-section (1) of Section 28 of the aforesaid Act. However, a total number of about 1241 representations from Group B, C and D employees have been received in the Ministry of Health and Family Welfare requesting for extension of the period for exercising the option to two years from the existing one year as provided by the said Act. Majority of the employees working in the Institute have not so far exercised their option.
3. In order to avoid any discrimination and to provide equal opportunity to all the employees, it has been decided to extend the benefit of enhanced option period from the existing one year to two and one-half years including those employees who have already exercised their option and to allow them to exercise option afresh. However, due to practical reasons this benefit of extension of time may be limited to only those employees who have not been transferred out of the Institute consequent upon the exercise of option by them.
4. It is proposed to amend sub-section (1) of Section 28 of the aforesaid Act for extending the period of exercising option by the erstwhile employees of the Institute to two and one-half years from the existing one year from 14th July, 2008 i.e., the date on which the provisions of the Act came into force. The proposed amendment will enable more time to the employees of the erstwhile institution to exercise their option either to remain as the employees of the new autonomous Institute or to opt out of the Institute and continue to remain as Central Government employees.
5. The Bill seeks to achieve the above objects.
This Act may be called the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011.
In Section 28 of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry Act, 2008, in sub-section (1),
(a) for the words one year , at both the places where they occur, the words three and one-half years shall be substituted;
(b) in the proviso, for the words Provided that , the following shall be substituted, namely
Provided that the employees, who have, or as the case may be, who have not, exercised their option and not transferred out of the Institute as on the date of coming into force of the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Act, 2011, may exercise their option afresh before the specified period:
Provided further that. .
1. Received the assent of the President on August 27, 2011 and published in the Gazette of India, Extra., Part II, Section 1, dated 29th August, 2011, pp. 1-2, No. 15.
2. Ed.: Act 10 of 2011 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016: 4. Savings. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.