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The Institute of Teaching and Research in Ayurveda Bill, 2020

SECTION Section 1

Untitled Section

17
THE INSTITUTE OF TEACHING AND RESEARCH IN
AYURVEDA BILL, 2020
——————
ARRANGEMENT OF CLAUSES
——————
SECTION Section 10

Untitled Section

6.Composition of Institute.
SECTION Section 100

Untitled Section

Clause 25 of the Bill seeks to provide for resolution of differences between the
Central Government and the Institute.
13
SECTION Section 101

Untitled Section

Clause 26 of the Bill seeks to provide for furnishing of Returns and information to the
Central Government.
SECTION Section 102

Untitled Section

Clause 27 of the Bill seeks to provide for power to make rules by the Central
Government.
SECTION Section 103

Untitled Section

Clause 28 of the Bill seeks to provide for power to make regulations for the Institute.
SECTION Section 104

Untitled Section

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.
SECTION Section 105

Untitled Section

Clause 30 of the Bill seeks to provide for power to remove difficulties.
SECTION Section 106

Untitled Section

Clause 31 of the Bill seeks to provide for transitional provisions.
14
FINANCIAL MEMORANDUM
SECTION Section 107

Untitled Section

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.
15
MEMORANDUM REGARDING DELEGATED LEGISLA TION
SECTION Section 108

Untitled Section

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.
SECTION Section 109

Untitled Section

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.
SECTION Section 11

Untitled Section

7.Terms of office of, and vacancies among, members.
SECTION Section 110

Untitled Section

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.
SECTION Section 111

Untitled Section

4.The matters for which rules or regulations may be made are matters of
procedures or details and it not possible to provide for them in the Bill. The delegation
of legislative powers is, therefore, of normal character.
LOK SABHA
————
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.
————
[Shri Shripad Naik, Minister of State for Ayurveda, Yoga and Naturopathy, Unani,
Siddha, Sowa-Rigpa and Homoeopathy (AYUSH )]
MGIPMRND—5151LS(S3)—05-02-2020.
SECTION Section 12

Untitled Section

8.President of Institute.
SECTION Section 13

Untitled Section

9.Meetings of Institute.
SECTION Section 14

Untitled Section

10.Governing Body and other committees of Institute.
SECTION Section 15

Untitled Section

11.Staff of Institute.
SECTION Section 16

Untitled Section

12.Objects of Institute.
SECTION Section 17

Untitled Section

13.Functions of Institute.
SECTION Section 18

Untitled Section

14.Payment to Institute.
SECTION Section 19

Untitled Section

15.Fund of Institute.
SECTION Section 2

Untitled Section

CHAPTER I
PRELIMINARY
SECTION Section 20

Untitled Section

16.Budget of Institute.
SECTION Section 21

Untitled Section

17.Accounts and audit.
SECTION Section 22

Untitled Section

18.Annual report.
SECTION Section 23

Untitled Section

19.Pension and provident funds.
SECTION Section 24

Untitled Section

20.Authentication of orders and instruments of Institute.
SECTION Section 25

Untitled Section

21.Acts and proceedings not to be invalidated by vacancies, etc.
SECTION Section 26

Untitled Section

22.Grant of degrees, diplomas, etc., by Institute.
SECTION Section 27

Untitled Section

23.Recognition of medical qualifications granted by Institute.
SECTION Section 28

Untitled Section

24.Control by Central Government.
SECTION Section 29

Untitled Section

25.Resolution of differences.
SECTION Section 30

Untitled Section

26.Returns and information.
SECTION Section 31

Untitled Section

27.Power to make rules.
SECTION Section 32

Untitled Section

28.Power to make regulations.
SECTION Section 33

Untitled Section

29.Rules and regulations to be laid before Parliament.
SECTION Section 34

Untitled Section

30.Power to remove difficulties.
SECTION Section 35

Untitled Section

31.Transitional provisions.
Bill No. 33 of 2020
AS INTRODUCED IN LOK SABHA
1
THE INSTITUTE OF TEACHING AND RESEARCH IN AYURVEDA
BILL, 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.
B
E it enacted by Parliament in the Seventy-first Year of the Republic of India as
follows:—
SECTION Section 36

Untitled Section

CHAPTER I
PRELIMINARY
SECTION Section 37

Untitled Section

1.(1) This Act may be called the Institute of Teaching and Research in Ayurveda
Act, 2020.
Short title and
commencement.
AS INTRODUCED IN LOK SABHA
Bill No. 33 of 2020
5
2
(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.
SECTION Section 38

Untitled Section

2.It is hereby declared that the Institute of Teaching and Research in Ayurveda
incorporated under this Act shall be an Institution of national importance.
SECTION Section 39

Untitled Section

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 Section 4

Untitled Section

1.Short title and commencement.
SECTION Section 40

Untitled Section

section 10;
(f)"Gujarat Ayurved University" means the University established and
incorporated under the Gujarat Ayurved University Act, 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 Section 41

Untitled Section

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.
SECTION Section 42

Untitled Section

CHAPTER II
T
HE INSTITUTE
SECTION Section 43

Untitled Section

4.(1) The Anteceding Institutions, namely, 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 are
hereby conglomerated and established as a body corporate under this Act and on such
incorporation be called the Institute of Teaching and Research in Ayurveda.
Declaration of
Institute of
Teaching and
Research in
Ayurveda as
an Institution
of national
importance.
Gujarat Act
40 of 1965.
Definitions.
Establishment
and
incorporation
of Anteceding
Institutions as
Institute of
Teaching and
Research in
Ayurveda.
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(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.
SECTION Section 44

Untitled Section

5.On and from the commencement of this Act,—
(a)any reference in any law, other than this Act, or in any contract or other
instrument to Anteceding Institutions shall be deemed as a reference to the Institute;
(b)all property, movable and immovable, of or belonging to Anteceding
Institutions shall vest in the Institute;
(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.
SECTION Section 45

Untitled Section

6.(1) The Institute shall consist of the following members, namely:—
(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;
Effect of
incorporation
of Anteceding
Institutions
as Institute of
Teaching and
Research in
Ayurveda.
Composition
of Institute.
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(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.
SECTION Section 46

Untitled Section

7.(1) Save as otherwise provided in this section, the term of office of a member
including nominated or elected member of the Institute shall be five years from the date of
his nomination or election.
(2)The term of office of a member elected under clause ( k) of sub-section ( 1) of
SECTION Section 47

Untitled Section

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.
SECTION Section 48

Untitled Section

8.(1) There shall be a President of the Institute who shall be nominated by the Central
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.
SECTION Section 49

Untitled Section

9.The Institute shall hold its first meeting at such time and place as may be appointed
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.
SECTION Section 5

Untitled Section

2.Declaration of Institute of Teaching and Research in Ayurveda as an Institution of
national importance.
SECTION Section 50

Untitled Section

10.(1) There shall be a Governing Body of the Institute which shall be constituted by
the Institute in such manner as may be specified by regulations.
(2)The Governing Body shall be the executive committee of the Institute and shall
exercise such powers and discharge such functions as the Institute may, by regulations
made in this behalf, confer or impose upon it.
Terms of
office of, and
vacancies
among,
members.
President of
Institute.
Meetings of
Institute.
Governing
Body and
other
committees of
Institute.
5
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15
20
25
30
35
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(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.
SECTION Section 51

Untitled Section

11.(1) There shall be a chief executive officer of the Institute who shall be designated
as the Director of the Institute and shall, subject to such rules as may be made by the
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.
SECTION Section 52

Untitled Section

12.The objects of the Institute shall be—
(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;
Staff of
Institute.
Objects of
Institute.
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(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.
SECTION Section 53

Untitled Section

13.With a view to the promotion of the objects specified in section 12, the 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;
Functions of
Institute.5
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(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.
SECTION Section 54

Untitled Section

14.The Central Government may, after due appropriation made by Parliament by law
in this behalf, pay to the Institute in each financial year such sums of money and in such
manner as may be considered necessary for the exercise of its powers and discharge of its
functions under this Act.
SECTION Section 55

Untitled Section

15.(1) The Institute shall maintain a Fund to which shall be credited—
(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.
SECTION Section 56

Untitled Section

16.The Institute shall prepare in such form and at such time every year a budget in
respect of the financial year next ensuing showing the estimated receipts and expenditure
of the Institute and shall forward to the Central Government such number of copies thereof
as may be prescribed.
SECTION Section 57

Untitled Section

17.(1) The Institute shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts including the balance-sheet, in such form as the
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.
SECTION Section 58

Untitled Section

18.The Institute shall prepare for every year a report of its activities during that year
and submit the report to the Central Government in such form and on or before such date as
may be prescribed and a copy of this report shall be laid before both Houses of Parliament
within one month of its receipt.
Payment to
Institute.
Fund of
Institute.
Budget of
Institute.
Accounts and
audit.
Annual
report.
5
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SECTION Section 59

Untitled Section

19.(1) The Institute shall constitute for the benefit of its officers, teachers and other
employees, in such manner and subject to such conditions as may be specified by
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
as if it were a Government Provident Fund.
SECTION Section 6

Untitled Section

3.Definitions.
SECTION Section 60

Untitled Section

20.All orders and decisions of the Institute shall be authenticated by the Director or
any other member authorised by the Institute in this behalf and all other instruments shall
be authenticated by the signature of the Director or such other officers as may be authorised
by the Institute.
SECTION Section 61

Untitled Section

21.No act done or proceeding taken by the Institute, Governing Body or any standing
or ad hoc committee under this Act shall be questioned on the ground merely of the
existence of any vacancy in, or defect in the constitution of the Institute, Governing Body
or such standing or ad hoc committee.
SECTION Section 62

Untitled Section

22.Notwithstanding anything contained in any other law for the time being in force,
the Institute shall have power to grant medical degrees, diplomas and other academic
distinctions and titles under this Act.
SECTION Section 63

Untitled Section

23.Notwithstanding anything contained in the Indian Medicine Central Council
Act, 1970 and the University Grants Commission Act, 1956, the medical degrees or diplomas
granted by the Institute under this Act shall be recognised medical qualifications for the
purposes of the Acts aforesaid and shall be deemed to be included in the Schedule to the
respective Acts.
SECTION Section 64

Untitled Section

24.The Institute shall carry out such directions as may be issued to it from time to
time by the Central Government for the efficient administration of this Act.
SECTION Section 65

Untitled Section

25.If in, or in connection with, the exercise of its powers and discharge of its functions
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.
SECTION Section 66

Untitled Section

26.The Institute shall furnish to the Central Government such reports, returns and
other information as that Government may require from time to time.
SECTION Section 67

Untitled Section

27.(1) The Central Government may make rules to carry out the purposes of this Act.
(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;
Pension and
provident
funds.
Authentication
of orders and
instruments
of Institute.
Acts and
proceedings
not to be
invalidated by
vacancies,
etc.
Grant of
degrees,
diplomas,
etc., by
Institute.
Recognition
of medical
qualifications
granted by
Institute.
Control by
Central
Government.
Resolution of
differences.
Returns and
information.
Power to
make rules.
49 of 1970.
3 of 1956.
19 of 1925.
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(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.
SECTION Section 68

Untitled Section

28.(1) The Institute, with the previous approval of the Central Government may, by
notification in the Official Gazette, make regulations consistent with this Act and the rules
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 Section 69

Untitled Section

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
SECTION Section 7

Untitled Section

CHAPTER II
THE INSTITUTE
SECTION Section 70

Untitled Section

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;
Power to
make
regulations.
5
10
15
20
25
30
35
40
45
10
(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).
SECTION Section 71

Untitled Section

29.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 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 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.
SECTION Section 72

Untitled Section

30.(1) If any difficulty arises is giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions, not
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.
SECTION Section 73

Untitled Section

31.Notwithstanding anything contained in this Act,—
(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.
Rules and
regulations to
be laid before
Parliament.
Transitional
provisions.
Power to
remove
difficulties.
5
10
15
20
25
30
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STA TEMENT 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.
SECTION Section 74

Untitled Section

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.
SECTION Section 75

Untitled Section

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.
SECTION Section 76

Untitled Section

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.
SECTION Section 77

Untitled Section

5.The Bill seeks to achieve the above objects.
N
EW DELHI; SHRIPAD NAIK
The 3rd February, 2020.
12
Notes on clauses
SECTION Section 78

Untitled Section

Clause 3 of the Bill seeks to define certain words and expressions.
SECTION Section 79

Untitled Section

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).
SECTION Section 8

Untitled Section

4.Establishment and incorporation of Anteceding Institutions as Institute of Teaching
and Research in Ayurveda.
SECTION Section 80

Untitled Section

Clause 5 of the Bill defines the effect of incorporation of anteceding Institutions as
Institute of Teaching and Research in Ayurveda.
SECTION Section 81

Untitled Section

Clause 6 of the Bill seeks to provide for the composition of the Institute.
SECTION Section 82

Untitled Section

Clause 7 of the Bill seeks to provide for the terms of office of, and vacancies among
members.
SECTION Section 83

Untitled Section

Clause 8 of the Bill seeks to provide for nomination of the President of the Institute.
SECTION Section 84

Untitled Section

Clause 9 of the Bill seeks to provide for the meetings of the Institute in regard to the
transaction of business.
SECTION Section 85

Untitled Section

Clause 10 of the Bill seeks to provide for constitution of Governing Body and other
committees of the Institute.
SECTION Section 86

Untitled Section

Clause 11 of the Bill seeks to provide for composition of staff of the Institute.
SECTION Section 87

Untitled Section

Clause 12 of the Bill seeks to provide for the objective of the Institute.
SECTION Section 88

Untitled Section

Clause 13 of the Bill seeks to provide for functioning of the Institute to fulfil the
objectives.
SECTION Section 89

Untitled Section

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.
SECTION Section 9

Untitled Section

5.Effect of incorporation of Anteceding Institutions as Institute of Teaching and
Research in Ayurveda.
SECTION Section 90

Untitled Section

Clause 15 of the Bill seeks to provide for fund management of the Institute.
SECTION Section 91

Untitled Section

Clause 16 of the Bill seeks to provide for preparation of Budget for the Institute.
SECTION Section 92

Untitled Section

Clause 17 of the Bill seeks to provide for maintaining proper Accounts and Audit of
the Institute.
SECTION Section 93

Untitled Section

Clause 18 of the Bill seeks to provide for preparation of Annual Report.
SECTION Section 94

Untitled Section

Clause 19 of the Bill seeks to provide for Pension and Provident Funds for its
employees.
SECTION Section 95

Untitled Section

Clause 20 of the Bill seeks to provide for authentication of orders and instruments of
the Institute.
SECTION Section 96

Untitled Section

Clause 21 of the Bill seeks to provide for Acts and proceedings not to be invalidated
by vacancies, etc.
SECTION Section 97

Untitled Section

Clause 22 of the Bill seeks to provide for grant of degrees, diplomas, etc., by the
Institute.
SECTION Section 98

Untitled Section

Clause 23 of the Bill seeks to provide for recognition of medical qualifications granted
by the Institute.
SECTION Section 99

Untitled Section

Clause 24 of the Bill seeks to provide for control of the Institute by the Central
Government.