Prior 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 the date as may be notified by the 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 of such course or training to qualify himself for the award of any recognized physiotherapy or occupational therapy qualifications; or (ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training). Explanation.—For the purposes of this section "person" includes any University or a Trust or a Society or institution but does not include the Central Government or the Government. (2) (a) Every person or institution shall for the purpose of obtaining permission under sub-section (1) submit to 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, be prepared in such manner and be accompanied with 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 advised 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 Government. (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 be a permission under sub-section (1) or reject the scheme: Provided that no scheme shall be rejected by the Government 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 Government under sub-section (2), no order has been communicated to the person or institution submitting the scheme such scheme 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 (1) shall also be deemed to have been granted. (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 have due regard to the following factors: (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 26; (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, 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 may be; and (f) any other factors as may be prescribed. (8) Where the Government passes an order either approving or rejecting a scheme under this section, a copy of the order shall be communicated to the person or institution concerned.