Chapter III FUNCTIONS OF COUNCIL

¹⁶ Prior permission for establishment of new Institutions, new course

of study, etc. – (1) Not withstanding anything contained in this Act or any other law for the time being in force, with effect from the date as may be notified by the Government,-

1. (a) no person shall establish an institution; or
2. (b) no institution except with the previous permission of the State Government obtained in accordance with the provisions of this Section shall,-
   • (i) open a new or higher course of study or training including a postgraduate study or training which would enable a student of such course or training to qualify himself for the award of any recognized Physiotherapy qualification; or
   • (ii) increase its admission capacity in any course of study or training including a postgraduate studies; Explanation - I: For the purpose of this section “person” includes any University or a Trust or a Society or an Institution or a Company but does not include the Central Government or the State Government, Explanation - II: For the purpose of this section “admission capacity” in relation to course of study or training (including postgraduate course of study or training) in an institution means the maximum number of students

that may be fixed by the Council from time to time for being admitted to

such course or training.

1. (2) (a) Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Government a scheme in accordance with the provisions of clause (b) and the Government shall refer the scheme to the Council for its recommendations,
   • (b) The Scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fees as may be prescribed.
2. (3) On receipt of the scheme 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 sub-section (7) and submit the scheme together with its recommendations thereon to the State Government.
3. (4) The 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 institution concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary), the scheme in which case such approval shall be deemed to a permission under subsection (1) and thereon the State Government may, by notification in the Andhra Pradesh Gazette, amend the Schedule so as to include the name of such person or institution, or reject the scheme: Provided that no scheme shall be rejected by the Government except after giving the Person or Institution or Company concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any Person or Institution whose scheme has been rejected by the 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).
4. (5) Where within a period of one year from the date of submission of the scheme to the Government under sub-section (2), no order has been

communicated to the person or institution submitting the scheme, it shall be

deemed to have been approved by the Government in the form in which it had been submitted and accordingly, the permission of the Government required under sub-section (2) shall also be deemed to have been granted.

1. (6) In computing the time limit specified in sub-section (5), the time taken by the person or institution concerned for submitting the scheme, in furnishing any particulars called for by the Council, or by the Government, shall be excluded.
2. (7) The Council, while making its recommendations under clause (b) of sub-section (3) and the Government while passing an order, either approving or rejecting the scheme under sub-section (4) shall give 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 standards of education as prescribed by the Council under section 24; (b)whether the person seeking to establish an institution or the existing institution seeking to open a 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, equipments, accommodation, training and other facilities to ensure proper functioning of the institution or conducting the new courses 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 person having the recognized Physiotherapy qualifications; (e)whether any arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of Physiotherapy; and (f)such other factors as may be prescribed.

1. (8) Where the State Government passes an order either approving or rejecting the scheme under this Section, a copy of the order shall be communicated to the Person or Institution, concerned.

institution is established except with the previous permission of the State

Government in accordance with the provisions of Section 16, no Physiotherapy qualification granted to any student of such institution shall be considered as the recognized qualification for the purposes of this Act. (2)Where any Institution opens a new or higher course of study or training (including a post-graduate course of study or training) except with the previous permission of the State Government in accordance with the provisions of Section 16, no qualification granted to any student of such Institution on the basis of such study or training shall be considered as the recognized qualification for the purposes of this Act.

1. (3) Where any Institution increases its admission capacity in any course of study or training except with the previous permission of the State Government in accordance with the provisions of section 16, no Physiotherapy qualification granted to any student of such institution on the basis of the increase in its admission capacity shall be recognized Physiotherapy qualification for the purpose of this Act.

Explanation:- For the purposes of this Section, the criteria for identifying a

student who has been granted Physiotherapy qualification on the basis of such increase in the admission capacity shall be such as may be prescribed.

1. (1) If before the commencement of this Act, any person has established an institution or any institution has opened a new or higher course of study or training or increased its admission capacity, such Person or Institution, as the case may be, shall seek within a period of one year from the commencement of this Act, the permission of the State Government in accordance with the provisions of Section 16.
2. (2) If any Person or Institution, as the case may be, fails to seek the permission under sub-section (1), the provision of section 17 shall apply so far as may be as if the permission of the State Government under section 16 has been refused.

State for physiotherapy professionals - (1) The qualifications granted by

any University or other institutions in the State of Andhra Pradesh which

are included in the Schedule shall be recognized qualifications for Physiotherapists.

1. (2) Any University or other Institution which grants qualification for the Physiotherapy professionals is not included in the Schedule may apply to the State Government to have such qualification recognized and the State

Effect of Recognition - (1) Subject to the provisions of this Act, any Physiotherapy qualification included in the Schedule shall be sufficient

qualification for enrollment in the Register of Physiotherapists.

1. (2) No person shall after the date of the commencement of this Act, be entitled to be enrolled in the Register of Physiotherapists, unless he holds a recognized qualification: Provided that any person who has immediately before the commencement of this Act become entitled to be enrolled shall on an application made in this behalf before the expiry of one year from the said date be entitled to be enrolled: Provided further that where there is any dispute as to whether a person is so entitled to be enrolled, the matter shall be referred to the Equivalence and Registration Committee which shall consider the reference and make recommendation to the Executive Committee whose decision shall be final.
2. (3) Notwithstanding anything contained in sub-section (2),- (a)a citizen of India holding a qualification which entitles him to be registered with any Council of Physiotherapy in any

foreign country, may with the approval of the Council, be

enrolled as a Physiotherapist subject to passing the screening examination conducted by the Council from time to time. (b)a person not being a citizen of India who is employed as a Physiotherapist teacher in any hospital or institution in

any State or Union Territory for the purpose of teaching,

research or charitable work, may with the approval of the President, be enrolled temporarily in the Register for such period as may be specified in this behalf in the order

Provided that the practice by such person shall be limited to the hospital or institution to which he is attached: Provided further that no such enrollment under clause (a) or clause (b) shall be permitted unless the Council satisfies itself that person possesses

the requisite knowledge and skill to practice Physiotherapy by conducting a

screening test or such other test or examination as may be prescribed.

Every University or Institution in Andhra Pradesh which grants any recognized qualification or a recognized higher qualification shall furnish such information as the Council may, from time to time require , as to the course of the study and training and examination

to be undergone in order to obtain such qualification and generally as to

requisites for obtaining such qualification.

(1) The Executive Committee may, subject to regulations, if any, appoint such number of Inspectors as it deems necessary to inspect any institution where education or training in Physiotherapy is given, or to attend any examination held for the purpose of granting any recognized qualification or recognized higher qualification. (2) The Inspectors appointed under this Section shall not interfere with the course of any examination but they shall report to the Executive Committee; on the sufficiency of the standard of the examinations and the courses of study and training at every institution which they inspect and on any other matters with regard to which the Executive Committee may require them to report. (3) The Executive Committee, after consulting the Equivalence and Registration Committee, shall forward a copy of such report to the person or institution concerned and shall also forward such a copy with remarks, if any, to the State Government.

any institution where education or training in Physiotherapy is given, or to attend any examination held for the purpose of granting any recognized qualification or recognized higher qualification.

1. (2) The Inspectors appointed under this Section shall not interfere with the course of any examination but they shall report to the Executive Committee; on the sufficiency of the standard of the examinations and the courses of study and training at every institution which they inspect and on any other matters with regard to which the Executive Committee may require them to report.
2. (3) The Executive Committee, after consulting the Equivalence and Registration Committee, shall forward a copy of such report to the person or institution concerned and shall also forward such a copy with remarks, if any, to the State Government.

Committee, it appears to the Council that, -

1. (a) The courses of study and examination to be undergone to obtain a recognized qualification from any University or Institution in the State or the conditions for admission to

such courses or the standards of proficiency required from

candidates at such examinations;

1. (b) The staff, equipment, accommodation and training provided in such University or Institution, are not in conformity with the regulations made under the Act or fall short of the standard prescribed by the Council, the Council shall make recommendation to that effect to the State Government.

1. (2) The State Government shall after considering such recommendation shall forward it, along with such remarks as it deems necessary, to the University or Institution with an intimation of the period within which the university or Institution may submit its explanation to the State Government
2. (3) On the receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government may, after making such inquiry, if any, as it may think fit, by notification in the Andhra Pradesh Gazette, direct that an entry shall be made in the. Schedule against the names of the said University or Institution and the qualification conferred by them declaring that the qualification conferred by the said University or Institution shall be a recognized qualification only when granted before a specified date.

Council may prescribe by regulations the minimum Prescription of standards of education in Physiotherapy required for granting recognized qualification in Andhra Pradesh. (2)The draft regulations and all subsequent draft amendments thereof shall be sent by the Council to the State Government for prior approval, (3)In particular and without prejudice to the generality of the foregoing power, the regulations may provide for, -

1. (a) the nature, period of study and of practical training to be Undertaken before admission to an examination;
2. (b) the equipments and facilities to be provided for students undergoing approved course of study;
3. (c) the subjects of examinations and standards to be attained;
4. (d) any other conditions of admissions to examinations. (4)The regulations shall be published in the Andhra Pradesh Gazette and in such manner as the Council may direct. (5)The Executive Committee shall from time to time report to the Council on the efficacy of these regulations and may recommend to the Council for such amendments thereof as it may think fit

Physiotherapist made in the register shall remain in force for a period of five years and may be renewed from time to time for a period of five years on an application being made by him in such form and in such manner, within such period and on payment of such fees as may be prescribed.

(1) The Council may make regulations prescribing the standards of professional conduct and etiquette and a code of ethics for conduct Physiotherapists. (2) The regulations made under sub-section (1) may specify which violations thereof shall constitute professional misconduct and such provisions shall have effect notwithstanding anything contained in any law for the time being in force. (3)Whenever the Executive Committee after such enquiry as it thinks fit, recommends that the name of any person enrolled in the Register of Physiotherapists be removed there from, it shall report to the Council and the Council shall after such enquiry as it may deem fit, by order, direct the removal of the name of such person from the said Register either permanently or for such period as may be specified in the order, (4)Any person aggrieved by an order of the Council may prefer an appeal to the State Government in such form and manner, within such time and on payment of such fees as may be prescribed. (4)On receipt of such appeal, the State Government may, after giving the person concerned an opportunity of being heard may pass such order as it deems fit which shall be final and binding.

1. (2) The regulations made under sub-section (1) may specify which violations thereof shall constitute professional misconduct and such provisions shall have effect notwithstanding anything contained in any law for the time being in force. (3)Whenever the Executive Committee after such enquiry as it thinks fit, recommends that the name of any person enrolled in the Register of Physiotherapists be removed there from, it shall report to the Council and the Council shall after such enquiry as it may deem fit, by order, direct the removal of the name of such person from the said Register either permanently or for such period as may be specified in the order, (4)Any person aggrieved by an order of the Council may prefer an appeal to the State Government in such form and manner, within such time and on payment of such fees as may be prescribed. (4)On receipt of such appeal, the State Government may, after giving the person concerned an opportunity of being heard may pass such order as it deems fit which shall be final and binding.