Prior permission for establishment of new course of study, etc.

(1) Notwithstanding anything contained in any other law for the time being in force, with effect from such date as may be notified by the Govemment,- (a) No person, (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 of such course or training to qualify himself for the award of any recognised Physiotherapy or Occupational Therapy qualification; or (ii) increase its admission capacity in any course of study or training (including a postgradute course of study or training); except with prior permission of the Government obtained in accordance with the provisions of this Section. Explanation (1)-For the purposes 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. (2)-For the purposes of this Section, "admission capacity" in relation to any course of study or training (including postgraduate course of study or training) in any institution, means the maximun number of students that may be fixed by the Council, from time to time, for being admifted to such course or training. (2) Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Govemment a scheme in accordance with the provisions of clause (b), and the Govemment shall refer such scheme to the Council for its recommendations. Explanation (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 by such fee as may be prescribed. (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 sub-section (7), and submit the scheme, together with its recommendations thereon, to the State Govemment. (4) The Governrnent 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 deem necessary) the scheme, in which case such approval shall be deemed to be a permission under sub-section (1) and thereon the State Government may 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 Govemment except after giving the person or institution 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). (5) Where within a period of one year from the date of submission of the scheme to the Govemment 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 Govemment in the form in which it had been submitted, and accordingly, the approval of the Government required under sub-section (2) shall also be deemed to have been granted. (6) In computing the time limit specified under sub-section (5), the time taken by the person or institution for submitting the scheme, in furnishing any particulars called for by the Council, or by the Govemment shall be excluded. (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 regards 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; (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 training or to increase its admission capacity, as the case may be, 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 Physiotherapy or Occupational Therapy, qualifications, 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 Physiotherapy or Occupational Therapy, as the case my be; (f) where the Government passes an order either approving or rejecting a scheme under this Section, a copy of such order shall be communicated to the person or institution concerned; and (g) any other factor as may be prescribed.