Section 17   [ View Judgements ]

PERMISSION FOR ESTABLISHMENT OF NEW INSTITUTIONS, NEW COURSE OF STUDY, ETC


(1) Notwithstanding anything contained in this Act or any other law for the time being in force, with effect from such date as may be notified by the State Government :—

(a) no person shall establish an institution; or

(b) no institution shall,—

(i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student or such course or training to qualify himself for the award of any recognised occupational therapy or physiotherapy qualification; or

(ii) increase its admission capacity in any course of study or training (including a post -graduate course of study or training), except with the previous permission of the State Government obtained in accordance with the provisions of this section.

Explanation I.—For the purposes of this section, "person" shall include any University or a trust or a society or an institution but shall not include the Central Government or the State Government

Explanation II.—For the purposes of this section, "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in an institution, means the maximum number of students that may be fixed by the Government from time to time, for being admitted to such course or training.

(2)(a) Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit to the State Government a scheme;

(b) On receipt of such application the State Government shall, refer the scheme to the Council for its recommendations.

(3) On receipt of a scheme by the Council under sub-section (2), the Council may obtain such other particulars, as may be considered necessary by it, from the person or the institution concerned, and thereafter, it may,—

(a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or institution concerned for making a written representation and it shall be open to such person or institution to rectify the defects, if any, specified by the Council;

(b) consider the scheme having regard to the factors referred to in subsection (5), and submit the scheme together with its recommendations thereon to the State Government.

(4) The State Government may, after considering the scheme and the recommendations of the Council under sub-section (3), and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or an institution concerned, and having regard to the factors referred to in subsection (5), may approve (with such conditions, if any, as it may consider necessary), the scheme. The approval granted shall be deemed to be a permission under sub-section (1). In case of disapproval of the scheme, the reasons for such disapproval shall be recorded in writing and such decision with such reasons shall be conveyed to the applicant:

Provided that, the applicant may represent to the Government with clarifications for the objections raised by the Government and Government may, after considering those clarifications, grant the permission:

Provided further that, nothing in this sub-section shall prevent any person or an institution, whose scheme has not been approved by the State Government, to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if, such scheme has been submitted for the first time under sub-section (2).

(5) The Council, while making its recommendations under Clause (b) of subsection (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely :—

(a) whether the proposed institution or the existing institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standard of education as prescribed by the Council under section 16;

(b) whether the person seeking to establish an institution or the existing institution seeking to open an new or higher course of study or training or to increase its admission capacity has adequate financial resources;

(c) whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the time limit specified in the scheme;

(d) whether any arrangement has been made or programme drawn to impart training to students likely to attend such institution or course of study or training by persons having the recognised occupational therapy or physiotherapy qualification, as the case may be;

(e) whether necessary arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of occupational therapy or physiotherapy, as the case my be; and

(f) any other factors as may be prescribed.

(6) Where the State Government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or the institution concerned.

(7) After approval of the scheme by the State Government, the name of the institution shall be included in Schedule I, or as the case may be, in Schedule II.

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