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THE ACADEMY OF SCIENTIFIC AND INNOVATIVE RESEARCH ACT, 2011
[Act No. 13 of 2012]
[6th February, 2012]
PREAMBLE
An Act to establish an Academy for furtherance of the advancement of learning and prosecution of research in the field of science and technology in association with Council of Scientific and Industrial Research and to declare the institution known as the Academy of Scientific and Innovative Research, to be an institution of national importance to provide for its incorporation and matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:--
Section 1 - Short title, extent and commencement
(1) This Act may be called the Academy of Scientific and Innovative Research Act, 2011.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as we Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
Section 2 - Definitions
In this Act, and in all Statutes and Ordinances made thereunder, unless the context otherwise requires,--
(a) "Academy" means the Academy of Scientific and Innovative Research established under sub-section (1) of section 3;
(b) "Board" means the Board of Governors of the Academy of Scientific and Innovative Research referred to in section 10;
(c) "Council of Scientific and Industrial Research" means a society registered by the name of the Council of Scientific and Industrial Research under the Societies Registration Act, 1860(21 of 1860);
(d) "Chairperson" means the Chairperson of the Board appointed under section 12;
(e) "Chancellor" means the Chancellor of the Academy referred to in section 20;
(f) "Director" means the Director of the Academy appointed under section 22;
(g) "distinguished scientists" or "outstanding scientists" of the Council of Scientific and Industrial Research means scientists of the Council of Scientific and Industrial Research designated as such;
(h) "existing Academy" means the Academy of Scientific and Innovative Research established in pursuance of the Resolution of the Government of India in the Ministry of Science and Technology, Department of Scientific and Industrial Research, Council of Scientific and Industrial Research, vide No. 6/1/CSIR-AcSIR/2010-PPD, dated the 1st July, 2010;
(i) "Faculty of the Academy" means Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, Professors, Associate Professors, Assistant Professors, visiting faculty, and such other persons as may be appointed for imparting instruction or conducting research in the Academy or institutions maintained by the Academy and includes the scientists of Council of Scientific and Industrial Research assigned for imparting instruction or conducting research;
(j) "notification" means a notification published in the Official Gazette;
(k) "Statutes and Ordinances" means the Statutes and the Ordinances of the Academy for the time being in force.
Section 3 - Establishment of Academy of Scientific and Innovative Research
(1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be established for the purposes of this Act an Academy to be called the "Academy of Scientific and Innovative Research" as a body corporate by such name.
(2) The headquarters of the Academy shall be at such place as the Central Government may, by notification, specify.
(3) The Academy may have such number of regional centres and campuses, as it may deem fit.
(4) The Academy shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall by that name, sue and be sued.
Section 4 - Objects of Academy
(1) The objects of the Academy shall be to --
(a) disseminate advanced knowledge in science and technology, by providing teaching and research facilities is such branches of learning as it may deem fit, Particularly in emerging areas and such areas as may emerge in future:
(b) undertake inter-disciplinary studies and research;
(c) conduct courses in, and integrate into its courses, inter-disciplinary and multi-disciplinary areas covering natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof;
(d) take appropriate measures for innovations in teaching and learning processes;
(e) create an ambience for learning and scholarship in advanced science and technology instead of exclusively focusing on marks or grades;
(f) educate and train manpower in scientific and technological fields;
(g) establish linkages with industries in India and outside India for the promotion of science and technology;
(h) collaborate, in appropriate areas in the field of science and technology, with reputed universities and institutions in India or outside India;
(i) promote research in science and technology having a bearing on social, economic, cultural, intellectual and academic welfare of the people.
(2) The Academy shall primarily focus on research and imparting instruction in such areas as are not ordinarily taught in regular academic universities in India.
(3) The curricula, pedagogy and evaluation of the Academy shall be innovative and directed towards creating highest quality personnel, with cross-disciplinary knowledge, aiming to provide leaders in the field of science and technology.
Section 5 - Relationship of Academy with Council of Scientific and Industrial Research
(1) The Academy shall be, provided, or, allowed to use, the infrastructure and scientific manpower of the Council of Scientific and Industrial Research for teaching and research purposes for mutual benefit.
(2) The Academy, within two weeks of the commencement of this Act, shall, not with standing anything contained in any other Act, rules, regulations or bye-laws for the time being in force, enter into a Memorandum of Understanding with the Council of Scientific and Industrial Research, for the purposes of its affiliation with the Academy for the purposes of academics, teaching and award of degrees or diplomas, and, the persons pursuing the studies in the Council for award of any degree or diploma, after entering of such Memorandum of Understanding, be awarded degrees or diplomas by the said Academy;
Provided that any person pursuing any academic or research course, before the commencement of this Act, in the Council of Scientific and Industrial Research for award of any degree or diploma and registered for the said purpose with any other university, may, with the approval of the university with which such person is registered, migrate after such commencement to the Academy established under this Act and be registered with the said Academy for grant of the same degree or diploma by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the university from which such person migrated.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed to affect the functions or powers of the Council of Scientific and Industrial Research, being discharged-or exercised, before the commencement of this Act, by the Council or to affiliate with any other university or institution for the purposes of academics, teaching and award or degrees or diplomas or for any other purposes necessary for pursuing its objects.
Section 6 - Declaration of Academy as an institution, of national importance
It is hereby declared that the Academy of Scientific and Innovative Reset shall be an institution of national importance.
Section 7 - Transfer of assets, liabilities, etc, of existing Academy to Academy established under this Act and other provisions, etc
(1) On and from the date of establishment of the Academy;--
(a) any reference to the existing Academy in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Academy;
(b) all properties and assets, movable and immovable of, or belonging to, the existing Academy, shall vest in the Academy;
(c) all rights and liabilities of the existing Academy shall be transferred to, and be the rights and liabilities of, the Academy;
(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Academy immediately before mat date, for or in connection with the purpose of the said existing Academy shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Academy;
(e) all sums of money due to the existing Academy immediately before that date shall be deemed to be due to the Academy;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against the existing Academy immediately before that date may be continued or may be instituted by or against the Academy;
(g) every employee (including those appointed for imparting instruction or conducting research in the existing Academy) holding any office under the existing Academy or teaching therein immediately before that date shall hold his office in the Academy or continue teaching therein by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Academy had not been established and shall continue to do so as an employee of the Academy or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Academy within such period.
(2) Any person pursuing any academic or research course, before the commencement of this Act, in the existing Academy for award of any degree or diploma or certificate shall be entitled to pursue such academic or research course after the establishment of the Academy under this Act and be registered with the said Academy for grant of the same degree or diploma or certificate by the Academy established under this Act and such person shall be deemed to have migrated and registered with the Academy established under this Act at the same level of study in the existing Academy from which such person migrated.
(3) Any person, who immediately before the commencement of this Act, had been awarded a degree or diploma or certificate for having qualified any course by the existing Academy, shall be entitled to award of equivalent degree or diploma by the Academy subject to approval by the Board of the Academy.
(4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, absorption of any employee by the Academy in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority (14 of 1947).
Section 8 - Functions and powers of Academy
(1) The Academy shall discharge its functions and exercise the following powers, namely:--
(i) to provide for instructions and conduct research in such branches of learning like natural sciences, life sciences, mathematical and computational sciences, medical sciences, engineering, applied art, humanities, social sciences, law relating to these areas and interfaces thereof, and in particular, in inter-disciplinary and multi-disciplinary areas of these branches, and in all such areas as may emerge in future and other emerging areas of knowledge, as the Academy may from time to time determine and make provision for advancement and dissemination of knowledge;
(ii) to lay administrative standards and structures and decide on all matters of creation of posts, laying down standards for recruitment, determining compensation packages, and contractual arrangements;
(iii) to design its curriculum and pedagogy for award of diplomas or certificates and confer degrees or other academic distinctions as it may deem fit;
(iv) to grant, subject to such conditions as the Academy may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of such methods of evaluation and to hold its examinations, as the Academy may, from time to time, determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(v) to frame Statutes and Ordinances and to alter, modify or rescind the same;
(vi) to organise and undertake extramural studies, training and extension services;
(vii) to confer honorary degrees of other distinctions;
(viii) to provide distance education in such branches of learning and to such persons as it may determine;
(ix) to institute professorships, associate professorships and assistant professorships including Academy Professors, Professors of Eminence, Distinguished Professors, Outstanding Professors, Senior Professors, Emeritus Professors, or visiting positions and other teaching or academic or other positions, required by the Academy and to make appointments to such positions;
(x) to appoint persons from any other university, or institution, or industry, or persons of eminence from appropriate fields of studies, including those outside the country, as Faculty of the Academy;
(xi) to create administrative, ministerial and other posts and to make appointments thereto;
(xii) to co-operate or collaborate or associate with any body including; any university or institution, or industry, located in India or outside India;
(xiii) to establish such centres and specialised laboratories or other units for research and instruction as may be required;
(xiv) to set up schools, centres and campuses and function therefrom or conduct classes from any place of its choice, including the premises of laboratories or other centres of the Council of Scientific and Industrial Research;
(xv) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xvi) to conduct research, advisory and consultancy services with or for any entity, public or private, whether in India or outside India, which are in conformity with the spirit and object of the Academy;
(xvii) to engage scientists of the Council of Scientific and Industrial Research as Faculty in imparting instruction and conducting research in the Academy;
(xviii) to establish, maintain and manage institutions and hostels for residence of students or establish and maintain such institutions through the Council of Scientific and industrial Research or any other body;
(xix) to fix, demand and receive payment of fees and other charges;
(xx) to determine the standards of admission to the Academy, which may include examination, other innovative models of testing or evaluation;
(xxi) to supervise the residences of the students of the Academy and to make arrangements for promoting their health, general welfare, cultural and corporate life;
(xxii) to lay down conditions of service for all categories of employees, including their code of conduct;
(xxiii) to regulate and enforce discipline, among the students and employees and to take such disciplinary measures in this regard as may be necessary;
(xxiv) to make arrangements for promoting the health and general welfare of the employees;
(xxv) to receive grants, benefactions, donations, gifts, bequests and transfer or acquire, hold and manage and dispose of any property movable or immovable, including trust and endowment properties for the purposes of the Academy:
Provided that no such grants, benefactions, donations, gifts, bequests and transfer shall be accepted by the Academy which in the opinion of the Board involves conditions or obligations opposed to the spirit and object of this Act;
(xxvi) to borrow, on the security of property of the Academy or otherwise, money for the purposes of the Academy or utilise its property for such purposes as are in conformity with the spirit and object of this Act;
(xxvii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
(2) In exercising its powers referred to in sub-section (1), it shall be the endeavour of the Academy to maintain an all India character and high standards of teaching and research, and, the Academy shall, among other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:--
(i) subject to the provisions of section 9, the admission of students shall be made on merit;
(ii) continuous evaluation or other innovative methods of evaluation and choice based credit system may be introduced and the Academy may enter into agreements with other universities and academic institutions in India or outside India for credit transfer and joint degree programmes;
(iii) innovative courses and programmes of studies shall be introduced with a provision for periodic review and restructuring;
(iv) the imparting of instruction shall be, as far as may be, through use of modem techniques or technologies;
(v) the systems and structures of the Academy should be flexible to adapt to the requirements of multi-disciplinary and inter-disciplinary studies;
(vi) active participation of students may be ensured in governance of academic matters of the Academy.
Section 9 - Academy open 10 all castes, creed, race or class
(1) The Academy shall be open to all persons, of either sex, irrespective of caste, creed, race or class, and it shall not be lawful for the Academy to adopt or impose on any person, any test whatsoever of religious belief "or profession in order to be entitled to be appointed as a Faculty of the Academy or to hold any other office therein, or to be employed therein or to be admitted as a student in the Academy or to graduate thereat or to enjoy or exercise any privilege thereof.
(2) The Academy shall make special provision for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens and any exemption from making such reservation under the proviso to clause (b) of section 4 of the Central Educational Institutions (Reservation in Admission) Act, 2006 shall not be applicable to the Academy:
Provided that no such special provision shall be made on the ground of domicile.
Section 10 - Authorities of Academy
The following shall be the authorities of the Academy, namely:--
(a) The Board;
(b) Senate;
(c) Director;
(d) Boards of Studies;
(e) such other authorities as may be declared by the Statutes to be the authorities of the Academy.
Section 11 - Composition of Board of Governors
(1) The Board referred to in clause (a) of section 10 shall consist of the following, namely:--
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(a) the Chairperson of the Board, to be appointed under section 12; (b) the Director-General of the Council of Scientific and Industrial Research, |
ex officio Vice-Chairperson; |
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(c) the President of the Indian National Science Academy, |
ex officio member; |
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(d) the Chairman, Atomic Energy Commission, Government of India, |
ex officio member; |
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(e) the Chairman, Space Commission, Government of India, |
ex officio member; |
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(f) the Chairman, University Grants Commission, Government of India, |
ex officio member; |
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(g) the Finance Secretary in the Ministry of Finance, Government of India, |
ex officio member; |
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(h) the heads of three premier institutions in the field of imparting education in Science and Technology, |
members to be nominated under section 13; |
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(i) four distinguished scientists or academicians of global eminence, of which two should be from reputed institutions outside India, |
members to be nominated under section 13; |
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(j) three eminent industrialists or technologists, |
members to be nominated under section 13; |
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(k) four distinguished scientists or outstanding scientists or Directors of laboratories of Council of Scientific and Industrial Research, |
members to be nominated under section 14; |
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(l) the Director of the Academy, |
ex officio member. |
(2) The Chairperson shall ordinarily preside over the meetings of the Board.
(3) The Board may evolve its own procedure for the purpose of conducting its meetings and transacting business therein.
(4) The Associate Director in charge of administration of the Academy shall be the Secretary of the Board.
Section 12 - Appointment of Chairperson
(1) The Chairperson shall be appointed by the President of the Council of Scientific and Industrial Research, on the recommendation of tie selection committee constituted under sub-section (2):
Provided mat the Director-General of the Council of Scientific and Industrial Research, being the ex officio Vice-Chairperson, as referred to in clause (b) of sub-section (1) of section 11, shall act as the Chairperson until the first Chairperson is selected and appointed in accordance with the provisions of this Act:
Provided further that no person shall be selected and appointed as Chairperson unless such person is an Indian citizen.
(2) The selection committee referred to in sub-section (1) shall consist of four eminent scientists or technologists of international repute, as may be nominated by the President of the Council of Scientific and Industrial Research.
(3) At least two eminent scientists or technologists of international repute nominated under sub-section (2) shall be from the heads of international societies, academies, or similar organisations in the field of science and technology.
(4) The selection committee referred to in sub-section (2) shall--
(a) be constituted within six months before the completion of tenure of the incumbent as the Chairperson of the Board;
(b) submit its recommendation at least three months before the completion of the tenure of the incumbent Chairperson.
(5) The selection committee may evolve its own procedure for the purposes of meetings and making recommendations under sub-section (1) including making recommendations in respect of a person who has not applied for the post of Chairperson.
(6) Three members of the selection committee referred to in sub-section (1) shall form quorum for the meeting of the committee.
(7) The Chairperson shall exercise such other powers and perform such other functions as may be assigned to him by this Act or the Statutes.
Section 13 - Nomination of distinguished scientists or academicians of global eminence, eminent Industrialists or technologists and heads of three premier institutions in the field of imparting education in science and technology
The heads of three premier institutions in the field of imparting education in science and technology, referred to in clause (h), the distinguished scientists or academicians of global eminence referred to in clause (i), and eminent industrialists or technologists referred to in clause (j) of sub-section (1) of section 11, shall be nominated, by the President of the Council of Scientific and Industrial Research.
Section 14 - Nomination of distinguished scientists or outstanding scientists of Council of Scientific and Industrial Research or Directors of Council of Scientific and Industrial Research laboratories
The nomination of distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Director of Council of Scientific and Industrial Research laboratories, referred to in clause (k) of sub-section (1) of section 11 shall be made by the Governing body of the Council of Scientific and Industrial Research.
Section 15 - Allowances payable to members of Board
The members of the Board shall be entitled to such allowances, if any, from the Academy, as may be provided for, in the Statutes but no member other than the Director of the Academy referred to in clause (l) of sub-section (7) of section 11, shall be entitled to any salary by reason of this section.
Section 16 - Terms of office of members of Board
(1) Save as otherwise provided in this section, term of office of the Chairperson or any other dominated member of the Board shall be four years, being one term of the Board and they shall not be eligible to be re-appointed as Chairperson or nominated as a member, as the case may be.
Explanation I.-- The period of term of office of the Chairperson or any other nominated member of the Board [other than ex officio Vice-Chairperson and ex officio members and nominated members under clause (k) of sub-section (1) of section 11] of the existing Academy shall be counted for the purposes of this sub-section.
Explanation II.-- For the removal of doubt it is hereby declared that a person who held the office of a member shall not be eligible to be re-appointed as a member but may be appointed as the Chairperson in accordance with the provisions of this Act.
Provided that an outgoing member of the Board shall, unless or otherwise directed, continue in office until another person is appointed, or, as the case may be, nominated as a member in his place.
(2) In the event of vacancy in the office of the Chairperson, by reason of his death or resignation or otherwise, the Vice-Chairperson shall act as the Chairperson until a new Chairperson is appointed in accordance with the provisions of this Act to fill the vacancy and enter upon his office:
Provided that a person appointed due to a vacancy in the office of Chairperson under sub-section (2), shall be eligible to be appointed as Chairperson in accordance with the provisions of this Act only for one term in addition to the period for which he was appointed to fill the vacancy of Chairperson.
(3) In the event of vacancy in the office of a nominated member under clauses (h), (i), (j) and (k) of sub-section (1) of section 11 by reason of his death or resignation or otherwise, the vacancy shall be filled in accordance with the provisions of this Act:
Provided that a person nominated under sub-section (1) of section 11 due to a vacancy in the office of the member, such person shall be eligible to be nominated only for one term as member in accordance with the provisions of this Act, in addition to the period for which he was nominated to fill the vacancy.
(4) The term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is a member.
(5) One-fourth of the members, being distinguished scientists or outstanding scientists or Directors of laboratories of the Council of Scientific and Industrial Research nominated under clause (k) of sub-section (1) of section 11 shall retire every year and new members shall be nominated in their place in accordance with the provisions of this Act:
Provided that, notwithstanding anything contained in this sub-section, the members, being distinguished scientists or outstanding scientists of the Council of Scientific and Industrial Research or Directors of the Council of Scientific and Industrial Research laboratories nominated under clause (k) of sub-section (1) of section 11, immediately after the commencement of this Act for the first time, may hold office for such period as may be specified in their nomination and provisions of this sub-section shall not be applicable to such nominated members.
Section 17 - Powers of Board
(1) Subject to the provisions of this Act, the Board shall be responsible for the general superintendence, direction and control of the affairs of the Academy and shall exercise all the powers of the Academy not otherwise provided for by this Act, the Statutes and the Ordinances, and shall have the power to review the acts of the Senate.
(2) Without prejudice to the provisions of sub-section (1), the Board shall have the powers to--
(a) take decisions on questions of policy relating to the administration and working of the Academy;
(b) institute courses of study at the Academy;
(c) make Statutes;
(d) institute and appoint persons to academic, as well as other posts in the Academy;
(e) consider and modify or cancel or rescind Ordinances;
(f) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Academy for the next financial year, together with a statement of its development plans;
(g) approve investments in infrastructure of the Academy in any land or building; (h) exercise such other powers and perform such o
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