Permission for establishment of new paramedical institution.-

1. (1) Notwithstanding anything contained in this Act,-
   • (a) no person shall establish a para-medical institution; and
   • (b) no paramedical institution shall-
     • (i) open a new or higher course of study or training which would enable a student of such course or training to qualify himself for the award of any recognized paramedical qualification; or
     • (ii) increase its admission capacity in any course of study or training, except with the previous permission of the State Government obtained in accordance with the provisions of this section. Explanation.- For the purposes of this section, the expression “ person” includes any University or a trust but does not include the State Government.
2. (2) Every person or paramedical institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Council a scheme in accordance with the provisions of sub-section (3).
3. (3) The scheme referred to in sub-section (2) shall be in such form, contain such particulars, preferred in such manner and accompanied with such fee, as may be prescribed.
4. (4) 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 paramedical 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 THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 11 it shall be open to such person or paramedical institution to rectify the defects, if any, specified by the Council; and
   • (b) consider the scheme, having regard to the factors referred to in sub-section (8), and submit the scheme together with its recommendations thereon to the State Government.
5. (5) The State Government may, after considering the scheme and the recommendations of the Council under sub-section (4) 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 factor referred to in sub- section (1), either approve ( with such conditions, if any, as it may consider necessary)or disapprove the scheme and any such approval shall be a permission under sub-section (1) : Provided that no scheme shall be disapproved by the State 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 paramedical 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).

1. (6) Where, within a period of one year from the date of submission of the scheme to the Council under sub-section (2), no order passed by the State Government has been communicated to the person or institution submitting the scheme, such scheme shall be deemed to have been approved by the State Governmentin the form in which it had been submitted to the Council and accordingly, the permission of the State Government required under sub- section (1) shall also be deemed to have been granted.
2. (7) In computing the time limit specified in sub-section (6), the time taken by the person or institution concerned submitting the scheme in furnishing any particulars called for by the Council, or State Government, shall be excluded.
3. (8) The Council, while making its recommendations under clause (b) of sub-section (4) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (5), shall have due regard to the following factors, namely :-
   • (a) whether the proposed paramedical institution or the existing paramedical institution seeking to open a new or higher course of study or training, shall be in a position to offer the minimum standards of paramedical education as prescribed by the Council under section 26 of this Act;
   • (b) whether the person seeking to establish a paramedical institutionor the existing paramedical institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate financial resources; THE HIMACHAL PRADESH PARAMEDICAL COUNCIL ACT, 2003 12
   • (c) whether necessary facilities in respect of staff, equipment, training and other facilities to ensure proper functioning of the paramedicalinstitution 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 adequate hospital facilities, having regard to the number of students likely to attend such paramedical institution or course of study or training or as a result of the increased admission capacity, have been provided or shall be provided within the time-limit specified in the scheme;
   • (e) whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such paramedical institution or course of study or training by persons having the recognized paramedical qualifications;
   • (f) the requirement of manpower in the field of practice of medicine; and
   • (g) any other factors as may be prescribed.
4. (9) 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 persons or paramedical institution concerned.