Section 5 in The Institute of Teaching and Research in Ayurveda Act, 2020

Title: Effect of incorporation of Anteceding Institutions as Institute of Teaching and Research in Ayurveda.

Description: 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.

Title: Composition of Institute.

Description: (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; (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.

Title: Terms of office of, and vacancies among, members.

Description: (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 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.

Title: President of Institute.

Description: (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.

Title: Meetings of Institute.

Description: 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.

CHAPTER 2 THE INSTITUTE