Section 33 in The Academy of Scientific and Innovative Research Act, 2011
Title: Conditions of service.
(1) Every employee of the Academy shall be appointed on contractual basis under a written contract, which shall be lodged with the Academy and a copy of which shall be furnished to the employee concerned:
Provided that all scientists and other employees of the Council of Scientific and Industrial Research engaged in the service of the Academy shall be governed by the service conditions, rules and regulations of the Council of Scientific and Industrial Research.
(2) The Academy shall have a flexible compensation system which recognises performance, as laid down in the Statutes, to bring the best talent in the Academy:
Provided that the scientists of the Council of Scientific and Industrial Research—
(a) engaged in the service of the Academy; and
(b) who draw their salary from the Council,
shall be eligible for such allowances or honorarium, as may be determined by the Statute.
(1) Any dispute arising out of a contract between the Academy and any of its employees shall, at the request of the employee concerned or at the instance of the Academy, be referred to a Tribunal of Arbitration consisting of one member appointed by the Director, one member nominated by the employee, and such two arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator.
(2) The arbitration under sub-section (1) shall be governed by the Arbitration and Conciliation Act, 1996 (26 of 1996).
Title: Resignation, removal and suspension of Chairperson and other Member or Director.
(1) The Chairperson or any Member of the Board other than ex officio Members of the Board or Director may, by notice in writing under his hand addressed to the President of the Council of Scientific and Industrial Research, resign his office:
Provided that the Chairperson or such Member or Director shall, unless he is permitted by the President of the Council of Scientific and Industrial Research to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The President of the Council of Scientific and Industrial Research may remove from office the Chairperson or any Member of the Board or the Director, who—
(a) has been adjudged an insolvent; or
(b) being the Director has engaged at any time, during his term of office, in any paid employment; or
(c) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(d) has become physically or mentally incapable of acting as such Chairperson or Member or Director; or
(e) is of unsound mind and stands so declared by a competent court; or
(f) has acquired such financial or other interest as is likely to affect prejudicially the exercise of his functions as such Chairperson or Member or Director; or
(g) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(h) has been guilty of proved misbehavior; or
(i) has such other disqualifications as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the Board or the Director shall not be removed from his office on the grounds specified in clause (f) or clause (g) or clause (h) of sub-section (1), except by an order made by the President of the Council of Scientific and Industrial Research after an inquiry made in this behalf in which such Chairperson or Member or Director has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(4) In the event of inquiry instituted under sub-section (2), the President of the Council of Scientific and Industrial Research may suspend such Chairperson or Member or Director against whom inquiry has been instituted for a period not exceeding six months if it is considered necessary in public interest.
(5) The President of the Council of Scientific and Industrial Research may, by rules, regulate the procedure for the inquiry referred to in sub-section (2).
(6) In case any nominated member under clause (k) of sub-section (1) of section 11 in the Board incurs any of the disqualifications under clauses (a) to (i) of sub-section (1), such nominated member shall not be eligible to be nominated as such and his nomination as nominated member shall be revoked by those who nominated such member.
The meetings of the Board, Senate, or other committees constituted by the Academy may be held using contemporary tools of information and communication technologies (including videoconferencing) without the members necessarily having to be physically present.
Title: Vacancies, etc., not to invalidate acts or proceedings of Board, Academy or any other body
No act of the Board or the Academy or any other body set up under this Act or the Statutes, shall be invalid merely by reason of—
(a) any vacancy in, or defect in the constitution thereof; or
(b) any defect in the selection, nomination or appointment of a person acting as a member thereof; or
(c) any irregularity in its procedure not affecting the merits of the case.