Ayurveda: Establishment of Academic Chair-India and Malaysia (MoU)

[1st April, 2017]

Memorandum of Understanding between Central Council for Research in Ayurvedic Sciences Ministry of Ayush, the Government of the Republic of India (hereinafter referred to as “CCRAS”) and Universiti Tunku Abdul Rahman Wholly Owned By Utar Education Foundation, Malaysia (hereinafter referred to as “UTAR”) on the Establishment of An Academic Chair in Ayurveda (hereinafter referred to as ‘CHAIR’)

Whereas the CCRAS, an autonomous body of Ministry of AYUSH. Government of India (hereinafter referred to as “First Party”) and Universiti Tunku Abdul Rahman, UTAR Education Foundation. Malaysia (hereinafter referred to as ‘Second Party’) [hereafter jointly referred to as ‘the Parties’] are desirous to strengthen and further develop co-operation between the two institutions in the field of Indian traditional systems of medicine, and have agreed to sign a Memorandum of Understanding (MOU) to set up a Chair in Ayurveda in UTAR.

The parties have reached the following understanding:


The Chair to be set up in the UTAR will be in line with the educational requirements of the said institution. In the identified institution, the Chair to be set up will;

1.1 Undertake academic and research activities in Ayurveda in accordance with the requirement of the identified institution.

1.2 Provide academic leadership to the institution, primarily through demonstrating and fostering excellence in teaching, research, and policy development related to Ayurveda at the varieties of levels within the discipline.

1.3 Conduct a study in coordination with the local faculty, on the nature, scope and quality of practice/service in Ayurveda in Malaysia.

1.4 Conduct market survey in coordination with the local faculty, to determine the feasibility of (i) establishing an Ayurveda service (outpatient and/or inpatient) by UTAR hospital and (ii) establishing a bachelor programme leading to the Degree of Ayurveda Medicine and Surgery (BAMS) in UTAR.

1.5(a) Design the curriculum for the BAMS based on local requirements, as per the guidelines from the Ministry of Higher Education and the Malaysian Qualifications Agency (MQA).

(b) Provide a guideline and give advice on the infrastructure, equipment requirements and human resource requirements, including academic staff as well as support staff, for the implementation of the BAMS.

(c) Establish collaborations with universities and hospitals in India for internship placements of BAMS students.

(d) Conduct teaching of BAMS students. For this purpose, the Chair shall comply with the requirement of obtaining a Teaching Permit issued by the Ministry of Higher Education. Malaysia.

1.6 Design academic standards and short/medium term courses with reference to the needs of the institution and educational guidelines of Ayurveda in India.

1.7 Conduct workshops/seminars/conferences on Ayurveda.

1.8 Explore feasibility of collaborative research and drawing up strategies for dissemination of results of completed studies.

1.9 Act as credible source of AYUSH related information for Malaysia.

1.10 Seek continuous improvement in the curriculum development, providing tutorials to regular students, promoting research activities and innovations in AYUSH Systems of Medicine.

1.11 Advocate the safe use of Ayurveda/Unani/Siddha/Homoeopathy systems.

1.12 Take other incidental responsibilities pertaining to the above as may be determined by the institution such as providing clinical services for practical demonstration at the hospital/dispensary attached to the institution.

1.13 Abide by the institution’s Code of Conduct to the extent that they do not come into conflict with the terms and conditions of his/her commitment to the First Party.


2.1 The Second Party shall award appropriate publicity to the sponsorship of the Chair by the First Party in its internal and external publications related to the Chair.

2.2 Any official document published under the auspices of the Chair, will be subject to the rules, regulation, policies and procedures of the Second Party.

2.3(a) Each party will ensure appropriate protection of Intellectual Property Rights (IPR) generated from cooperation pursuant to this MOU. consistent with their respective laws, rules and regulations and international agreements to which both parties are committed

(b) In case research is carried out solely and separately by the Party or the research results are obtained through the sole and separate efforts of the Party, the Party concerned alone will apply for grant of IPR and once granted, the IPR will be solely owned by the concerned party.

(c) In case of research results obtained through joint activities, the grant of intellectual property rights will be sought by both the parties jointly and once granted these rights will be jointly owned by the parties.

(d) The Parties shall not assign any rights and obligations arising out of the IPR generated to inventions/activities carried out under the MOU. to any third Party without consent of the other party.

(e) In case of research results obtained through joint activities under this MOU. both parties will apply as co-applicants for the protection of intellectual property rights subject to exclusive rights of both the Parties to commercialize the technology in their respective countries. Commercialization in any other country shall he done jointly through a separate agreement.

(f) Any publication, document and/or paper arising out of joint work conducted by the participants pursuant to this MOU will be jointly owned. The use of the name, logo and/or official emblem of the participants on any publication, document and/or paper will require prior permission of both the participants. It may however be ensured that the official emblem and logo is not misused.

(g) All information and documents to be exchanged pursuant to this MOU will be kept confidential by the Parties and will be used subject to such terms as each Party may specify. The parties will not use the information for purposes other than that specified without the prior written consent of the other Party.

(h) All Confidential Information shall remain the exclusive property of the disclosing party. The Parties agree that this agreement and the disclosure of the Confidential Information do not grant or imply any license, interest or right to the Recipient in respect to any intellectual property right of the other Party.

(i) Unpublished information, whether oral, in writing or otherwise, discovered or conceived by the scientists or technicians and exchanged under the provisions of this MOU will not be transmitted to a third party, unless otherwise agreed by the Parties.

(j) Both Parties agree that the provisions of this Article shall continue to be binding between the Parties notwithstanding the termination of this MOU.


3.1 The First Party will arrange official passport for the Chair and for his her spouse and children (if any).

3.2 The Second Party will assist in applying for employment pass for the Chair (and appropriate visa for his/her spouse and children), which would ensure entrance into, residence in and permission to carrying out his/her assignment in identified institution under the Second Party for the duration of the appointment.

3.3 The Second Party will also provide whatever documentation is required from the institution by the immigration authorities of Malaysia for issue of the appropriate visa to the Chair (and to his/her spouse and children).

3.4 The First Party will then approach the Mission of the country in India for any related documents covered under Article 3.3.

3.5 The Chair must ensure compliance with the rules, regulations and procedures for obtaining the relevant visa.

3.6 The visa and other related documents must be obtained prior to entering Malaysia.

3.7 The Chair is required to comply with all conditions of the visa and is responsible for providing the identified institution under the Second Party with original evidence of his/her visa and advising the institution if his/her visa status changes at any time during his her stay in Malaysia.



A1. In order to appoint a suitable Indian candidate to head the Chair, a Screening Committee would be set up in the Ministry of AYUSH to shortlist the candidates by screening their applications/CVs on the basis of specified eligibility criteria and recommend to the Selection Committee.

A2. A Selection Committee consisting of the Joint Secretary of the Ministry of AYUSH. DG of the Council, a representative of Ministry of External Affairs (MEA)/ICCR shall make a panel of suitable candidates (not more than three) in order of preference, on the basis of personal interviews and other relevant criteria. The concurrence of the Second Party for selected candidate(s) for the Chair by the first Party will thereafter be obtained through circulation.

A3. The tenure of the Chair shall be initially for a period of one year, from the date of joining, extendable to total period of 3 years, based on annual review of the performance of past year(s) with mutual agreement of the Parties.

A4. The First Party shall inform the Second Party six month prior to the date of expiry of tenure of its intention either to continue or to terminate the sponsorship in consultation with High Commissioner/Ambassador of India in Malaysia.

A5. In case the activities of appointee (Chair) are not found satisfactory, the First Party with the approval of the Second Party and in consultation with the High Commissioner of India in Malaysia will reserve the right to terminate appointment of the officer to the Chair prior to the normal expiry of contract period.

A6. The First Party shall meet costs relating to the salary and appropriate allowances of the selected Indian candidate and air fare in respect of the Indian candidate and his/her spouse and children as per their entitlement at the time of joining and completion of tenure and once in a year in case the tenure is extended.

A7. The amount will be transferred to the Second Party for the disbursement of remuneration/salary to the Chair.

A8. Matters which are not covered above will be referred to the First Party whose decision shall be final.


B1. The Chair shall be identified as the ‘Professor of Ayurveda’.

B2. The Second Party shall provide appropriate rent free fully furnished family accommodation with all basic facilities or allowance in lieu of that to the Chair commensurate to his status. Initially, for the first year, the allowance in lieu shall be RM 3.500 per month would be provided for accommodation, including daily commute to and from work, which shall be reviewed at the end of the year if tenure of the Chair is extended.

B3. The Second Party shall provide medical benefits to the Chair, his/her spouse and recognized dependents below 21 years old who are not gainfully employed (limited to two). Their eligibility for medical benefits shall be as provided in accordance with UTAR Human Resource Policies for academic staff.

B4. The Second Party shall provide transportation/travelling allowance for official assignments outside UTAR.

B5. The Second Party shall provide suitable office space, secretarial assistance and other assistance consistent with the efficient functioning of the Chair, such as a personal computer with Internet and telephone etc.

B6. The facilities provided by the Second Party should be appropriate to the status of the Chair appointee and acceptable to the High Commission of India in Malaysia.

B7. Institution under the Second Party will provide 30 days leave to candidate in a year (no carry over or credit or encashment for un-availed leave).

B8. The Human Resource and finance policies of the Second Party will apply in engaging the Chair. The candidate will be appointed at the level of Professor or at the equivalent rank.

B9. The Second Party may also make funding available to the Chair for activities, including travel linked to research and development activities associated with the Chair. The quantum of funding and the activities to be covered under such funding will be decided between the Professor and the Institution while maintaining parity with similar funding being given to other (Visiting) Professors at the University.

B10. Every year, the Second Party will convey to the First Party and the Chair about its curricular needs for the following academic year in advance.

B11. In case the activities of appointee (Chair) are not found satisfactory, the Second Party, with the approval of the First Party and in consultation with the High Commissioner of India in Malaysia, will reserve the right to terminate appointment of the officer to the Chair prior to the normal expiry of contract period.


5.1 The Parties agree to comply with all national, state or local laws, rules and regulations applicable to the respective Party in its own country in the implementation of this MOU.

5.2 Nothing in the MOU is intended to or should be construed to create a partnership, joint venture or employment relationship or to impose either party any right, obligation or duty that might arise out of a partnership, joint venture or employment relationship. Neither party shall have any right or authority to bind, speak for or contract on behalf of the other Party.


6.1 This present MOU shall come into effect from the date of its signature and shall remain in force for a period of three (3) years. Thereafter, it may be renewed for another three (3) years. Notwithstanding date of signature hereof, the Chair will commence on the date of appointment/joining of the Chair and shall continue initially for a period of one year.

6.2(a) Either Party may request in writing for revision, modification or amendment of all or any part of this Memorandum of Understanding:

(b) Any revision, modification or amendment agreed to by the Parties shall be in writing and shall form part of this MOU;

(c) Such revision, modification or amendment shall come into force with effect from date as may be determined by the Parties: and

(d) Any revision, modification or amendment shall not prejudice the rights and obligations arising from or based on this MOU prior or up to the date of such revision, modification or amendment.

6.3(a) A request for continuation and/or termination of this MOU could be initiated by either party and should so be done through a written notice at least three months prior to the proposed date of expiry.

(b) Any termination of this MOU under the above clause will not operate to prejudice the Chair engaged as at the date of termination in the program.

(c) Both Parties must ensure that the Chair is not prejudiced and ensure that the necessary funding would be provided as agreed until the end of the program.

6.4 Any dispute arising out of the interpretation, applications or implementation, of any provision of this MOU shall be settled amicably through mutual consultation and/or negotiation between the Parties through diplomatic channels, without reference to any third party or international tribunal.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective representative, have signed this MOU.

Signed at New Delhi on this 1st Day of April in the year 2017 in two (2) originals, each in the English and Hindi languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.


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