The Mandal may pre cribe lhe minimum standards of Medical Practitioner in Modern Medicine 'and Surgery Education

14. (1) Notwitb standing any thing contained in this Act or any other law for the time being in

ot Practllloner In

Modern Medicine and Surgery Educa-

Uon.

Penaisioa ror estab-

lishmentof-PnclltJoner In M..-Cm

force:-

1. (a) ao perseD l ~sh a Practif ncr in Modem Medicine and Surgery School; ot
2. (b) no Pactitioncr in Modem Medicine and Surgery School shall:-
   • (i) ope~ a new or higher course ofstudy or training which would enable a student of such course or training to qualify himself for the award of any recognized qualification: or
   • (ii) increase its admission capacity in any course of tudy or training; I • I except with the previou permission of the·State Government obtained in accordance with the provisions of this Act. Explanation 1-Forthepurpo s ofthis tion, "person"includc anyUniver ityciratrust but does not include the State Government ll • &plan.atiotl 2--For the purposes of thi section "admission capacity" in relatioo lo any coune o{ i<Udy or lcaining in a Practitioner in Modem Medicine and Surgery School, means lhe maximum number of tudents I.hat may be ...... ru fixed by the Mandal from time to time for being a<lmitle4 to such -. Mant"'" course or training.

1. (2) (a) Every person or Practitioner in Modern Medicine and Surgery School shall for the purposes of obtain.iag permi sion under ub section (1), submit to the State Government a scheme in accordance wi~ the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations.
   • (b) 1be scheme referred to in clause (a) shall be in such form and contain uch particulars and be prcfecred in such ma,111er and be accompanied with such fee as may be prescribed.
2. (3) On receipt of the scheme by the Mandal the Manda) may obtain such other patticulars as may be considered necessary by it from the person or the Practitioner in Modem Medicine and Surgery School concerned, and thereafter it may. If ·•
   • (a) ifthe scheme is d~fective and does not contain any necessary particulars give a reasonable opportunity to the person or Practitioner in Modem Medicine and Surgery School concerned for making a written representation and it shall be open 10 such person or Practitioner in Modem Medicine and Surgery School to rectify che defects ifany, specified by the Mandal.
   • (b) consider the scheme, having regard to the factors referred to in sub- eccion (5), and submit the scheme together with · its recommendations thereon to the State Government. · "· 198 (19)
3. (4) The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by ltfrom the person or Practitionerin Modem Medicine and Surgery School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions ifany as may be considered necessary) (?r disapprove the scheme, and any such approval shall be a permission under sub-section (1).
4. (5) The Mandal while making its recommendations- under clause (b) ofsub section (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 Practitioner in Modern Medicine and Surgery School, or the existing Practitioner in Modem Medicine and Surgery School, seeking to open a new or higher course of study or training,would be in a position to offer the minimum standards ofPractitioner in Modem Medicine and Surgery education as prescribed by the Mandal.
   • (b) Whetherthe person seeking to establish a Practitioner in Modem Medicine and Surgery School or the existing Practitioner in Modern Medicine and Surgery School 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, equipment, accommodation, training and other facilities to ensure proper functioning ofPractitioner in modern Medicine and .Surgery School or conducting of the new course of study or training or accommodating the increased admission capacity, have been provided or would be provided within the time !imit specified in the scheme.
   • (d) ~ adoquatc hospit.al facilities baving-regacd to the number of students likely to ~ such Practitioncc in Modem Medicine and Surgery School or course ofstudy orJnilling oc as a result ofiocrcascd admission capacity has been provided or would .be'P,Nvided within the time limi~specifiedin the scheme. ( Whether anyarrangement has been made orprogram.me drawn to impartpropertraining ,to,atudonts likely to attend such Practitioner in Modem Medicine and Surgery School o~,oourse of study or training, by persons as prescribed by the Mandal.
   • (t) ~le requirement ofmanpower in.the field ofpractice ofPractitioner in Modem Medi- ,clnc and Surgery. .· (g),any other factors as may be prescribed. \', .. ,,
5. (6) Where the State Government passed an order either approving or disapproving a scheme under this section, acdpy of the order shall be communicated to the person or Practitioner in Modem Medicine and S.urgery School concerned. on recognition or quallfl.caion incertain case . 15. (l) Where any Practitioner in ModemMedicine and SurgerySchool is established except with the-~rev~ous permission of the State Government in accorda.1]ce with the provisions of sectioli"I4no qualification granted to any student ofSl!Ch a Practitionerin Modern Medicine and Surgery School shall be a recognized qualification for the purposes of this Act.
6. (2) Where any Practitioner in Modern Medicine and Surgery School opens a new or higher course of study or training except with the privious permission of the State Government in accordance with the provisions ofsection 14 no qualification granted to any student of such Practitioner in Modem MCQ.icine and Surgery, on the basis of such study or training shall be a:recognized qualification for the purposes of this Act.
7. (3) Where any Practitioner in Modem Medicine and Surgery School increases its admission capacity in any course ofstudy or training except with the previous permission ofthe State Government in accordance with the provisions of section 14 no qualification granted to any student of such Practitioner in Modern Medicine and Surgery School on the basis of , , 0·tih-1•1~ m, ~ 1s 1-1'{ 2001 198 (20) the increase in its admission capacity shall be recognized qualification for the purposes of this Act. ... Explanation-Forthepurpose ofthis section, thecriteria for identifying a student who has been granted a qualification on the basis of such increase in the admission capacity hall be such as may be prescribed.