Executive Summary:
Bill No. 33 of 2020 proposes the establishment of the Institute of Teaching and Research in Ayurveda by conglomerating existing institutions and declaring it an Institution of National Importance. The aim is to promote quality and excellence in Ayurveda education, research, and training. The bill was introduced in Lok Sabha on February 10, 2020, and will come into force on a date appointed by the Central Government.
Key Points / Main Content:
Establishment and Incorporation:
* The Institute of Teaching and Research in Ayurveda is established by merging the Institute of Post Graduate Teaching and Research in Ayurveda, Shree Gulabkunverba Ayurved Mahavidyalaya, and the Indian Institute of Ayurvedic Pharmaceutical Sciences, all in Jamnagar.
* The Institute is a body corporate with perpetual succession, a common seal, and the power to acquire, hold, and dispose of property.
* References to Anteceding Institutions in laws and contracts will be considered references to the new Institute.
* Assets, rights, and liabilities of Anteceding Institutions transfer to the new Institute.
* Employees of Anteceding Institutions become employees of the new Institute with the same tenure, remuneration, and conditions, unless altered by regulations.
Composition and Governance:
* The Institute's members include the Minister in charge of AYUSH, the Secretary of AYUSH, the Secretary of Health (Government of Gujarat), the Director of the Institute and other ex officio members, along with experts and Members of Parliament.
* The Central Government nominates a President from among the members.
* A Governing Body, constituted by the Institute, serves as its executive committee.
* The President of the Institute chairs the Governing Body.
Functions and Objectives:
* The Institute aims to develop high standards of Ayurveda education, consolidate educational facilities, achieve self-sufficiency in postgraduate education, and conduct in-depth research in Ayurveda.
* Functions include undergraduate and postgraduate teaching, research facilities, prescribing courses, establishing medical colleges and hospitals, training teachers, holding examinations, granting degrees, and receiving grants and donations.
Financial and Operational Aspects:
* The Institute will maintain a Fund, receiving money from the Central Government, fees, grants, and other sources.
* The Central Government will pay the Institute sums of money.
* The Institute prepares an annual budget and maintains accounts, which are audited by the Comptroller and Auditor-General of India.
* The Institute submits an annual report to the Central Government.
Regulatory and Legal Framework:
* The Central Government may issue directions for the efficient administration of the Act.
* The Central Government can make rules to carry out the Act's purposes.
* The Institute, with Central Government approval, can make regulations.
* The Act grants the Institute the power to award medical degrees and diplomas.
Impact Analysis:
Central Government:
Impact: Responsible for appointing members, nominating the President, providing financial support, issuing directions, resolving disputes, and making rules for the Institute's operation.
Action Required: Ensure budgetary provisions, monitor the Institute's activities, and formulate necessary rules.
Institute of Teaching and Research in Ayurveda:
Impact: The Institute assumes all assets, rights, and liabilities of the Anteceding Institutions. It gains autonomy and the status of an Institution of National Importance.
Action Required: Establish governance structures, formulate regulations, manage finances, and execute its objectives as defined in the Act.
Employees of Anteceding Institutions:
Impact: Become employees of the new Institute with the same terms and conditions of service, unless altered by regulations.
Action Required: Continue employment under the new Institute, adhering to its regulations and guidelines.
Students of Anteceding Institutions:
Impact: Automatically migrate and register with the Institute at the same level of their course.
Action Required: Continue their academic or research course with the newly formed Institute.
Gujarat Ayurved University:
Impact: Loses direct control over the constituent institutions but retains ex-officio representation on the Institute.
Action Required: Adapt to the new structure and collaborate with the Institute.
Key Entities Referenced
Institute of Teaching and Research in Ayurveda: An institution of national importance for the promotion of quality and excellence in education, research and training in Ayurveda and allied disciplines to be established by the act.
Ayurveda: A system of traditional medicine native to the Indian subcontinent.
Lok Sabha: The lower house of the Parliament of India, where the bill was introduced.
Ministry of AYUSH: The Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy, Government of India.
Gujarat Ayurved University, Jamnagar: A university in Gujarat, India, associated with Ayurveda education and research. Several institutes are located in its campus.
Jamnagar, Gujarat: A city in the state of Gujarat, India, where the Institute of Teaching and Research in Ayurveda will be located.
Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar: A national institute for postgraduate courses in Ayurveda, one of the Anteceding Institutions to be merged into the new Institute.
Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar: A constituent institute of the Gujarat Ayurveda University for conducting undergraduate courses in Ayurveda, and one of the Anteceding Institutions to be merged into the new Institute.
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LOK SABHA
————
The following Bill was introduced in Lok Sabha on 10th February, 2020:—
BILL NO. 33 OF 2020
A Bill to provide for the establishment of an Institute of Teaching and Research in Ayurveda
and to declare it as an Institution of national importance for the promotion of
quality and excellence in education, research and training in Ayurveda and allied
disciplines and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-first Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Institute of Teaching and Research in Ayurveda Short title and
Act, 2020. commencement.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different provisions
of this Act.
Declaration of 2. It is hereby declared that the Institute of Teaching and Research in Ayurveda
Institute of incorporated under this Act shall be an Institution of national importance.
Teaching and
Research in
Ayurveda as
an institution
of national
importance.
Definitions. 3. In this Act, unless the context otherwise requires,—
(a) "Anteceding Institutions" means the Institute of Post Graduate Teaching
and Research in Ayurveda, Jamnagar, Shree Gulabkunverba Ayurved Mahavidyalaya,
Jamnagar and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar;
(b) "Department of Swasthvritta" means the Maharishi Patanjali Institute for
Yoga Naturopathy Education and Research, Jamnagar, a constituent institute of the
Gujarat Ayurveda University, to be established as a Department of the Institute;
(c) "Director" means the Director of the Institute appointed under sub-section (1)
of section 11;
(d) "Fund" means the Fund of the Institute maintained under section 15;
(e) "Governing Body" means the body constituted under sub-section (1) of
section 10;
(f) "Gujarat Ayurved University" means the University established and
incorporated under the Gujarat Ayurved University Act, 1965; Gujarat Act
40 of 1965.
(g) "Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar" means
an institution established by the Gujarat Ayurveda University for conducting Pharmacy
courses in Ayurveda and includes the Pharmacy Unit established for preparation of
Ayurvedic drugs for use in hospital of the Institute;
(h) "Institute" means the Institute of Teaching and Research in Ayurveda
established by conglomerating Anteceding Institutions and incorporated under
section 4;
(i) "Institute of Post Graduate Teaching and Research in Ayurveda, Jamnagar"
means a national Institute for postgraduate courses in Ayurveda established and
funded by the Government of India, but maintained by the Gujarat Ayurveda University
under a lease agreement entered between the Government of India and that University;
( j)"member" means a member of the Institute;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "regulation" means a regulation made by the Institute.
(m) "Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar" means a
constituent Institute of the Gujarat Ayurveda University for conducting undergraduate
courses in Ayurveda.
CHAPTER II
THE INSTITUTE
Establishment 4. (1) The Anteceding Institutions, namely, the Institute of Post Graduate Teaching
and and Research in Ayurveda, Jamnagar, Shree Gulabkunverba Ayurved Mahavidyalaya,
incorporation
Jamnagar and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar are
of Anteceding
Institutions as hereby conglomerated and established as a body corporate under this Act and on such
Institute of incorporation be called the Institute of Teaching and Research in Ayurveda.
Teaching and
Research in
Ayurveda.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
(2) The Institute shall have perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to contract, and
may by that name sue or be sued.
5. On and from the commencement of this Act,— Effect of
incorporation
(a) any reference in any law, other than this Act, or in any contract or other of Anteceding
instrument to Anteceding Institutions shall be deemed as a reference to the Institute; Institutions
as Institute of
(b) all property, movable and immovable, of or belonging to Anteceding Teaching and
Institutions shall vest in the Institute; Research in
Ayurveda.
(c) all the rights and liabilities of Anteceding Institutions shall be transferred to,
and be the rights and liabilities of, the Institute;
(d) every person who is employed in the Anteceding Institutions immediately
before such commencement shall, subject to the provisions of this Act, become the
employee of the Institute and hold his office or service therein by the same tenure, at
the same remuneration and upon the same terms and conditions and with the same
rights and privileges as to pension, leave, gratuity, provident fund, and other matters
as he would have held the same if this Act had not been passed, and shall continue to
do so unless and until his employment is terminated or until such tenure, remuneration
and terms and conditions are duly altered by regulations:
Provided that if the alteration so made is not acceptable to such employee, his
employment may be terminated by the Institute in accordance with the terms of the
contract with the employee or, if no provision is made therein in this behalf, on
payment to him by the Institute of compensation equivalent to not less than three
months' remuneration in the case of permanent employees and not less than one
month's remuneration in the case of other employees;
(e) the Director of the Institute of Post Graduate Teaching and Research in
Ayurveda, Jamnagar shall be deemed to have been appointed as the Director of the
Institute under this Act and shall hold office for a period of five years with effect from
such commencement or until he attains the age of sixty-five years, whichever is
earlier;
(f) the Directors of Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar
and the Indian Institute of Ayurvedic Pharmaceutical Sciences, Jamnagar shall be
deemed to have been appointed as Deputy Director (Undergraduate) and Deputy
Director (Pharmacy), respectively, under this Act and shall hold office for a period of
five years with effect from such commencement or until they attain the age of
sixty-five years, whichever is earlier;
(g) every person pursuing any academic or research course in Anteceding
Institutions before such commencement, shall be deemed to have migrated and
registered with the Institute at the same level of course in the Institute;
(h) all suits and other legal proceedings instituted or which could have been
instituted by or against Anteceding Institutions, immediately before such
commencement, shall be continued or instituted by or against the Institute.
6. (1) The Institute shall consist of the following members, namely:— Composition
of Institute.
(a) the Minister in charge of the Ministry of AYUSH, ex officio;
(b) the Secretary to the Government of India in the Ministry of AYUSH,
ex officio;
(c) the Secretary, Department of Health, Government of Gujarat, ex officio;
(d) the Director of the Institute, ex officio;
(e) the technical head of Ayurveda, not below the level of Advisor (Ayurveda),
Ministry of AYUSH, ex officio;4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(f) the Secretary to the Government of India or his nominee (not below the rank
of Joint Secretary) Ministry of Finance, Department of Expenditure, ex officio;
(g) the Vice-Chancellor of Gujarat Ayurved University, Jamnagar, ex officio;
(h) the Director-General, Central Council for Research in Ayurveda, ex officio;
(i) 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, ex officio;
(j) three experts in Ayurveda, having special knowledge and experience in the
field of education, industry and research, to be nominated by the Central Government;
(k) three Members of Parliament, of whom two shall be elected from among
themselves by the members of the House of the People and one from among themselves
by members of the Council of States.
(2) It is hereby declared that the office of member of the Institute shall not disqualify
its holder for being chosen as, or for being, a member of either House of Parliament.
Terms of 7. (1) Save as otherwise provided in this section, the term of office of a member
office of, and including nominated or elected member of the Institute shall be five years from the date of
vacancies
his nomination or election.
among,
members. (2) The term of office of a member elected under clause (k) of sub-section (1) of
section 6 shall come to an end as soon as he becomes a Minister or Minister of State or
Deputy Minister or the Speaker or the Deputy Speaker of the House of the People or the
Deputy Chairman of the Council of States or ceases to be a member of the House from which
he was elected.
(3) The term of office of an ex officio member shall continue so long as he holds the
office by virtue of which he is a member.
(4) The term of office of a member nominated or elected to fill a causal vacancy shall
continue for the remainder of the term of the member in whose place he has been nominated
or elected.
(5) An outgoing member shall, unless the Central Government otherwise directs,
continue in office until another person is nominated or elected as a member in his place.
(6) A member may resign his office by writing under his hand addressed to the Central
Government but he shall continue in office till his resignation is accepted by that Government.
(7) The manner of filling vacancies among members shall be such as may be prescribed.
President of 8. (1) There shall be a President of the Institute who shall be nominated by the Central
Institute. Government from among the members other than the Director of the Institute.
(2) The President shall exercise such powers and discharge such functions as are laid
down in this Act or as may be prescribed.
(3) The President and other members shall receive such allowances from the Institute
as may be prescribed.
Meetings of 9. The Institute shall hold its first meeting at such time and place as may be appointed
Institute. by the Central Government and shall observe such rules of procedure in regard to the
transaction of business at the first meeting as may be laid down by that Government, and
thereafter, the Institute shall meet at such times and places and observe such rules of
procedure in regard to the transaction of business at its meetings (including quoram) as
may be specified by regulations.
Governing 10. (1) There shall be a Governing Body of the Institute which shall be constituted by
Body and the Institute in such manner as may be specified by regulations.
other
committees of (2) The Governing Body shall be the executive committee of the Institute and shall
Institute. exercise such powers and discharge such functions as the Institute may, by regulations
made in this behalf, confer or impose upon it.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
(3) The President of the Institute shall be the Chairperson of the Governing Body and
as Chairperson thereof shall exercise such powers and discharge such functions as may be
specified by regulations.
(4) The procedure to be followed in the exercise of its powers and discharge of its
functions by the Governing Body, and the term of office of, and the manner of filling
vacancies among, the members of the Governing Body shall be such as may be specified by
regulations.
(5) Subject to such control and restrictions as may be prescribed, the Institute may
constitute as many standing committees and ad hoc committees as it thinks fit for exercising
any power or discharging any function of the Institute or for inquiring into, or reporting or
advising upon, any matter which the Institute may refer to them, in such manner as may be
specified by regulations.
(6) The Chairperson and members of the Governing Body and the Chairperson and
the members of a standing committee or an ad hoc committee shall receive such allowances,
as may be specified by regulations.
11. (1) There shall be a chief executive officer of the Institute who shall be designated Staff of
as the Director of the Institute and shall, subject to such rules as may be made by the Institute.
Central Government in this behalf, be appointed by the Institute:
Provided that the Director of the Institute of Post Graduate Teaching and Research in
Ayurveda, Jamnagar shall be deemed to have been appointed as the first Director of the
Institute.
(2) The Director shall hold office for a term of five years from the date on which he
enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(3) The Director shall exercise such powers and discharge such functions as may be
specified by regulations or as may be delegated to him by the Institute or the President of
the Institute or the Governing Body or the Chairperson of the Governing Body.
(4) Subject to such rules as may be made by the Central Government in this behalf, the
Institute may appoint Deputy Director (Undergraduate), Deputy Director (Postgraduate)
and Deputy Director (Pharmacy) and such number of other officers and employees as may
be necessary for the exercise of its powers and discharge of its functions and the
designations and grades of other officers and employees shall be such as may be specified
by regulations:
Provided that the Director of Shree Gulabkunverba Ayurved Mahavidyalaya, Jamnagar
shall be deemed to have been appointed as the first Deputy Director (Undergraduate) of the
Institute:
Provided further that the Director of the Indian Institute of Ayurvedic Pharmaceutical
Sciences, Jamnagar shall be deemed to have been appointed as the first Deputy Director
(Pharmacy) under this Act.
(5) The Director, Deputy Director (Undergraduate), Deputy Director (Postgraduate)
and Deputy Director (Pharmacy) and other officers and employees of the Institute shall be
entitled to such salary and allowances and shall be governed by such conditions of service
in respect of leave, pension, provident fund and other matters as may be specified by
regulations.
12. The objects of the Institute shall be— Objects of
Institute.
(a) to develop patterns of teaching in undergraduate and postgraduate medical
education in Ayurveda and Pharmacy so as to demonstrate a high standard of such
medical education to all medical colleges and other allied institutions of Ayurveda in
India;
(b) to bring together in one place educational facilities of the highest order for
the training of personnel in all important branches of Ayurveda including Pharmacy;6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) to attain self-sufficiency in postgraduate education to meet the country's
needs for specialists and medical teachers in Ayurveda;
(d) to make an in-depth study and research in the field of Ayurveda.
Functions of 13. With a view to the promotion of the objects specified in section 12, the Institute
Institute. may—
(a) provide for undergraduate and postgraduate teaching in Ayurveda, including
Pharmacy;
(b) provide facilities for research in the various branches of Ayurveda including
Pharmacy;
(c) prescribe courses and curricula for both undergraduate and postgraduate
studies in Ayurveda including Pharmacy;
(d) notwithstanding anything contained in any other law for the time being in
force, establish and maintain—
(i) one or more Ayurveda medical colleges with different Departments
including department of Swasthvritta and such other departments as may
deemed to be necessary for scientific validation of Ayurveda, implementing
Ayurveda principles and theories in public health and further expansion of
Ashtanga Ayurveda with the help of modern scientific advances sufficiently
staffed and equipped to undertake undergraduate and postgraduate Ayurveda
education including Pharmacy;
(ii) one or more well-equipped hospitals;
(iii) colleges for Ayurveda supporting staffs such as nurses, Pharmacists,
Panchakarma technicians or therapists and such other allied disciplines of
Ayurveda sufficiently staffed and equipped for training such students;
(iv) rural and urban health organisations which will form centres for
the field training in Ayurveda and for research into community health
problems; and
(v) other institutions for the training of different types of health workers,
such as physiotherapists, occupational therapists and Ayurvedic medical
technicians of various kinds;
(e) train teachers for the different Ayurveda colleges in India;
(f) hold examinations (including for admissions) and grant degrees, diplomas
and other academic distinctions and titles in undergraduate and postgraduate
education in Ayurveda and Pharmacy as may be laid down in the regulations;
(g) institute, and appoint persons to professorships, readerships, lectureships
and posts of any description in accordance with regulations;
(h) receive grants from the Government and gifts, donations, benefactions,
bequests and transfers of properties, both movable and immovable, from donors,
benefactors, testators or transferors, as the case may be;
(i) deal with any property belonging to, or vested in, the Institute in any manner
which is considered necessary for promoting the objects specified in section 12;
(j) demand and receive such fees and other charges as may be specified by
regulations;
(k) construct quarters for its staff and allot such quarters to the staff in
accordance with such regulations as may be made in this behalf;
(l) establish, maintain and manage halls and hostels for the residence of students;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
(m) supervise and control the residence and regulate the discipline of students
of the Institute and to make arrangements for promoting their health, general welfare
and cultural and corporate life;
(n) institute and award fellowships, scholarships, exhibitions, prizes and medals;
(o) borrow money, with the prior approval of the Central Government, on the
security of the property of the Institute;
(p) to perform all such things as may be necessary, incidental or conducive to
the attainment of all or any of the objects of the Institute.
14. The Central Government may, after due appropriation made by Parliament by law Payment to
in this behalf, pay to the Institute in each financial year such sums of money and in such Institute.
manner as may be considered necessary for the exercise of its powers and discharge of its
functions under this Act.
15. (1) The Institute shall maintain a Fund to which shall be credited— Fund of
Institute.
(a) all moneys provided by the Central Government;
(b) all fees and other charges received by the Institute;
(c) all moneys received by the Institute by way of grants, gifts, donations,
benefactions, bequests or transfers; and
(d) all moneys received by the Institute in any other manner or from any other
source.
(2) All moneys credited to the Fund shall be deposited in such banks or invested in
such manner as the Institute may, with the approval of the Central Government, decide.
(3) The Fund shall be utilised towards meeting the expenses of the Institute including
expenses incurred in the exercise of its powers and discharge of its duties under section 13.
16. The Institute shall prepare in such form and at such time every year a budget in Budget of
respect of the financial year next ensuing showing the estimated receipts and expenditure Institute.
of the Institute and shall forward to the Central Government such number of copies thereof
as may be prescribed.
17. (1) The Institute shall maintain proper accounts and other relevant records and Accounts and
prepare an annual statement of accounts including the balance-sheet, in such form as the audit.
Central Government may prescribe by rules, and in accordance with such general directions
as may be issued by that Government, in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Institute shall be audited by the Comptroller and
Auditor-General of India and any expenditure incurred by him in connection with such audit
shall be payable by the Institute to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any person appointed by him in
connection with the audit of the accounts of the Institute shall have the same rights,
privileges and authority in connection with such audit as the Comptroller and Auditor-General
of India has in connection with the audit of the Government accounts, and, in particular,
shall have the right to demand the production of books, accounts, connected vouchers and
other documents and papers and to inspect the offices of the Institute.
(4) The accounts of the Institute as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf together with the audit report
thereon shall be forwarded annually to the Central Government and that Government shall
cause the same to be laid before both the Houses of Parliament.
18. The Institute shall prepare for every year a report of its activities during that year Annual
and submit the report to the Central Government in such form and on or before such date as report.
may be prescribed and a copy of this report shall be laid before both Houses of Parliament
within one month of its receipt.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Pension and 19. (1) The Institute shall constitute for the benefit of its officers, teachers and other
provident employees, in such manner and subject to such conditions as may be specified by
funds.
regulations, such pension and provident funds as it may deem fit:
Provided that the pension and provident fund constituted by the Anteceding
Institutions before the commencement of this Act shall be deemed to be the pension and
provident fund under this section.
(2) Where any such provident fund has been constituted, the Central Government
may declare that the provisions of the Provident Funds Act, 1925 shall apply to such fund 19 of 1925.
as if it were a Government Provident Fund.
Authentication 20. All orders and decisions of the Institute shall be authenticated by the Director or
of orders and any other member authorised by the Institute in this behalf and all other instruments shall
instruments be authenticated by the signature of the Director or such other officers as may be authorised
of Institute.
by the Institute.
Acts and 21. No act done or proceeding taken by the Institute, Governing Body or any standing
proceedings or ad hoc committee under this Act shall be questioned on the ground merely of the
not to be
existence of any vacancy in, or defect in the constitution of the Institute, Governing Body
invalidated by
vacancies, or such standing or ad hoc committee.
etc.
Grant of 22. Notwithstanding anything contained in any other law for the time being in force,
degrees, the Institute shall have power to grant medical degrees, diplomas and other academic
diplomas,
distinctions and titles under this Act.
etc., by
Institute.
Recognition 23. Notwithstanding anything contained in the Indian Medicine Central Council
of medical Act, 1970 and the University Grants Commission Act, 1956, the medical degrees or diplomas 49 of 1970.
qualifications granted by the Institute under this Act shall be recognised medical qualifications for the 3 of 1956.
granted by
purposes of the Acts aforesaid and shall be deemed to be included in the Schedule to the
Institute.
respective Acts.
Control by 24. The Institute shall carry out such directions as may be issued to it from time to
Central time by the Central Government for the efficient administration of this Act.
Government.
Resolution of 25. If in, or in connection with, the exercise of its powers and discharge of its functions
differences. by the Institute under this Act, any dispute or difference arises between the Institute and
the Central Government, the decision of the Central Government thereon shall be final.
Returns and 26. The Institute shall furnish to the Central Government such reports, returns and
information. other information as that Government may require from time to time.
Power to 27. (1) The Central Government may make rules to carry out the purposes of this Act.
make rules.
(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 filling vacancies among members of the Institute under
sub-section (7) of section 7;
(b) the powers and functions to be exercised and discharged by the President
of the Institute under sub-section (2) of section 8;
(c) the allowances, if any, to be paid to the President and members of the
Institute under sub-section (3) of section 8;
(d) the control and restrictions in relation to the constitution of standing
committees and ad hoc committees under sub-section (5) of section 10;
(e) the form in which and the time at which the budget showing the estimated
receipts and expenditure of the Institute shall be prepared by the Institute and the
numbers of copies thereof to be forwarded to the Central Government under section 16;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
(f) the form in which annual report shall be prepared and the date before which
such report shall be submitted to the Central Government under section 18;
(g) any other matter which has to be or may be prescribed.
28.(1) The Institute, with the previous approval of the Central Government may, by Power to
notification in the Official Gazette, make regulations consistent with this Act and the rules make
regulations.
made thereunder to carry out the purposes of this Act, and without prejudice to the generality
of this power, such regulations may provide for:—
(a) the summoning and holding of meetings other than the first meeting of the
Institute, the time and place where such meetings are to be held, the conduct of
business at such meetings and the number of members necessary to form a quorum
under section 9;
(b) the manner of constituting the Governing Body under sub-section (1) of
section 10;
(c) the powers and functions to be exercised and discharged by the Governing
Body under sub-section (2) of section 10;
(d) the powers and functions to be exercised and discharged by the President
of the Institute under sub-section (3) of section 10;
(e) the procedure to be followed by the Governing Body, the term of office of,
and the manner of filling vacancies among, the members of the Governing Body under
sub-section (4) of section 10;
(f) the manner of constituting standing committees and ad hoc committees
under sub-section (5) of section 10;
(g) the allowances, if any, to be paid to the Chairperson and the members of the
Governing Body and of standing committee and ad hoc committee under sub-section (6)
of section 10;
(h) the powers and functions to be exercised and discharged by the Director of
the Institute under sub-section (3) of section 11;
(i) the designations and grades of other officers and employees under
sub-section (4) of section 11;
(j) the salaries and allowances and other conditions of services of the Director,
Deputy Director (Undergraduate), Deputy Director (Postgraduate) and Deputy
Director (Pharmacy) and other officers and employees of the Institute under
sub-section (5) of section 11;
(k) the examinations which may be held and the degrees, diplomas and other
academic distinctions and titles which may be granted by the Institute under
clause (f) of section 13;
(l) the professorships, readerships, lectureships and other posts which may be
instituted and persons who may be appointed to such professorships, readerships,
lectureships and other posts under clause (g) of section 13;
(m) the fees and other charges which may be demanded and received by the
Institute under clause (j) of section 13;
(n) the construction of quarters for the staff and allotment of such quarters
under clause (k) of section 13;
(o) the manner in which, and the conditions subject to which, pension and
provident funds may be constituted for the benefit of officers, teachers and other
employees of the Institute under sub-section (1) of section 19;10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(p) any other matter for which provisions under this Act may be made by
regulations.
(2) Until the Institute is established under this Act, any regulation which may be made
under sub-section (1) may be made by the Central Government; and any regulation so made
may be altered or rescinded by the Institute in exercise of its powers under sub-section (1).
Rules and 29. Every rule and every regulation made under this Act shall be laid, as soon as may
regulations to be after it is made, before each House of Parliament, while it is in session, for a total period
be laid before
of thirty days, which may be comprised in one session or in two or more successive sessions,
Parliament.
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 regulation
or both Houses agree that the rule or regulation should not be made, the rule or regulation
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 or regulation.
Power to 30. (1) If any difficulty arises is giving effect to the provisions of this Act, the Central
remove Government may, by order published in the Official Gazette, make such provisions, not
difficulties.
inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date
of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
Transitional 31. Notwithstanding anything contained in this Act,—
provisions.
(a) the Board of Governors or any other governing system of the Anteceding
Institutions functioning as such immediately before the commencement of this Act
shall continue to so function until a Governing Body is constituted for the Institute
under this Act, but on the constitution of a new Governing Body under this Act, the
members of the Board holding office before such constitution shall, unless otherwise
provided in this Act, cease to hold office;
(b) the committees constituted in relation to the Anteceding Institutions before
the commencement of this Act shall be deemed to be constituted under this Act until
new committees are constituted for the Institute.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
STATEMENT OF OBJECTS AND REASONS
India is the country of origin of Ayurveda. World is looking up to India to showcase
state of art institutions providing international level education and training in Ayurveda.
There is rising interest and demand for knowledge and services of Ayurveda all over
the world.
2. It is proposed to conglomerate certain Ayurveda institutes in the campus of
Gujarat Ayurved University at Jamnagar, namely, (i) the Institute for Post Graduate
Teaching and Research in Ayurveda; (ii) Shree Gulabkunverba Ayurved Mahavidyalaya;
and (iii) the Indian Institute of Ayurvedic Pharmaceutical Sciences (including pharmacy
Unit) by establishing them as one institution in the name of the Institute of Teaching
and Research in Ayurveda, Jamnagar and to confer the status of Institution of National
Importance on it. It is also proposed to subsume the Maharshi Patanjali Institute for
Yoga and Naturopathy Education and Research into the proposed Institute and establish
it as a Department of Swasthvritta.
3. The Institute will be elevated to the status of Institution of National Importance
which will provide autonomy to it to upgrade standards of Ayurveda education, to
frame various courses in Ayurveda as per national and international demand and to
adopt advanced evaluation methodology.
4. Conferring the status of Institute of National Importance to the Institute of
Teaching and Research in Ayurveda, Jamnagar will also facilitate (a) to develop patterns
of teaching in undergraduate and postgraduate medical education in Ayurveda and
Pharmacy so as to demonstrate a high standard of such medical education to all medical
colleges and other allied institutions of Ayurveda in India; (b) to bring together in one
place educational facilities of the highest order for the training of personnel in all
important branches of Ayurveda, including Pharmacy; (c) to attain self-sufficiency in
postgraduate education to meet the country's needs for specialists and medical teachers
in Ayurveda; and (d) to make an in-depth study and research in the field of Ayurveda.
5. The Bill seeks to achieve the above objects.
NEW DELHI; SHRIPAD NAIK.
The 3rd February, 2020.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Notes on clauses
Clause 3 of the Bill seeks to define certain words and expressions.
Clause 4 of the Bill provides for establishment and incorporation of the Institute of
Teaching and Research in Ayurveda by conglomerating the Institute for Post Graduate
Teaching and Research in Ayurveda; Shree Gulabkunverba Ayurved Mahavidyalaya; and
the Indian Institute of Ayurvedic Pharmaceutical Sciences (including pharmacy Unit).
Clause 5 of the Bill defines the effect of incorporation of Anteceding Institutions as
Institute of Teaching and Research in Ayurveda.
Clause 6 of the Bill seeks to provide for the composition of the Institute.
Clause 7 of the Bill seeks to provide for the terms of office of, and vacancies among
members.
Clause 8 of the Bill seeks to provide for nomination of the President of the Institute.
Clause 9 of the Bill seeks to provide for the meetings of the Institute in regard to the
transaction of business.
Clause 10 of the Bill seeks to provide for constitution of Governing Body and other
committees of the Institute.
Clause 11 of the Bill seeks to provide for composition of staff of the Institute.
Clause 12 of the Bill seeks to provide for the objective of the Institute.
Clause 13 of the Bill seeks to provide for functioning of the Institute to fulfil the
objectives.
Clause 14 of the Bill seeks to provide for the payment to be made by the Central
Government to the Institute for the discharge of its functions.
Clause 15 of the Bill seeks to provide for fund management of the Institute.
Clause 16 of the Bill seeks to provide for preparation of Budget for the Institute.
Clause 17 of the Bill seeks to provide for maintaining proper Accounts and Audit of
the Institute.
Clause 18 of the Bill seeks to provide for preparation of Annual Report.
Clause 19 of the Bill seeks to provide for pension and provident funds for its employees.
Clause 20 of the Bill seeks to provide for authentication of orders and instruments of
the Institute.
Clause 21 of the Bill seeks to provide for Acts and proceedings not to be invalidated
by vacancies, etc.
Clause 22 of the Bill seeks to provide for grant of degrees, diplomas, etc., by the
Institute.
Clause 23 of the Bill seeks to provide for recognition of medical qualifications granted
by the Institute.
Clause 24 of the Bill seeks to provide for control of the Institute by the Central
Government.
Clause 25 of the Bill seeks to provide for resolution of differences between the
Central Government and the Institute.
Clause 26 of the Bill seeks to provide for furnishing of returns and information to the
Central Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
Clause 27 of the Bill seeks to provide for power to make rules by the Central
Government.
Clause 28 of the Bill seeks to provide for power to make regulations for the Institute.
Clause 29 of the Bill seeks to provide for laying of every rule and every regulation
made under this Act before each House of Parliament.
Clause 30 of the Bill seeks to provide for power to remove difficulties.
Clause 31 of the Bill seeks to provide for transitional provisions.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for declaration of the Institute of Teaching and
Research in Ayurveda incorporated under this Act as an Institution of National
Importance. Consequent upon absorption of two Institutes namely, Shree Gulabkunverba
Ayurved Mahavidyalaya and the Indian Institute of Ayurvedic Pharmaceutical Sciences
into the proposed Institute of Teaching and Research in Ayurveda, a total of additional
financial implication of Rs. 35.71 crore, spreading over a period of three financial years,
2019-20, 2020-21 and 2021-22, may arise.
At this stage, it is not practicable to make an estimate of recurring and non-recurring
expenditure of the Institute. However, the expenditure would be met from the
Consolidated Fund of India through budgetary provisions of the Ministry of AYUSH.
—————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 27 of the Bill empowers the Central Government to make rules in respect of
matters which, inter alia, include (i) the manner of filling vacancies among members of
the Institute; (ii) the powers and functions of the President of the Institute;
(iii) allowances to be paid to the President and members of the Institute; (iv) the control
and restrictions for the constitutions of standing committees and ad hoc committees;
(v) the form for preparation of budget and annual report and other matters.
2. Clause 28 of the Bill empowers the Institute, with previous approval of the
Central Government to make regulations, consistent with the Act and the rules made
thereunder, in respect of matters which, inter alia, include (i) the summoning and
holding of the meetings of the Institute; (ii) the manner of constituting Governing
Body; (iii) the powers and functions of the Governing Body; (iv) the powers and
functions of the President of the Institute; (v) the procedure to be followed by the
Governing Body, the term of office and the manner of filling vacancies; (vi) the manner
of constituting standing committee and ad hoc committee; (vii) the allowances to be
paid to Chairperson and members of the Governing Body, standing committee and ad
hoc committee; (viii) the powers and functions of the Director of the Institute; (ix) the
designation and grades of the officers and employees; (x) the salaries and allowances
and other conditions of service of officers and employees of the Institute; (xi) the
examination to be held and the degrees, diplomas and other academic distinctions and
titles to be granted by the Institute; (xii) the professorship, readership, lectureship and
other posts to be instituted and persons to be appointed to such posts; (xiii) the fees
and other charges to be demanded and received by the Institute; (xiv) the construction
of quarters for staff and its allotment; (xv) the manner of constitution of pension and
provident fund for teachers, officers and other employees of the Institute; (xvi) and
other matters.
3. Clause 29 provides that every rule and every regulation made under this Act
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 or in two
or more successive sessions, etc. Both Houses agree in making any modification in the
rule or regulation and otherwise, the rule or regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
4. The matters for which rules or regulations may be made are matters of
procedures or details and it is not possible to provide for them in the Bill. The delegation
of legislative powers is, therefore, of normal character.
—————
SNEHLATA SHRIVASTAVA,
Secretary-General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—5312GI—15-02-2020.