The Maharashtra State Board of Nursing and Paramedical Education Act, 2013
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
27. Conditions of Affiliation.
- (1) The management applying for affiliation and management whose institution has been granted affiliation for a specified period, shall give and comply with the following undertaking :-
- (a) that the provisions of the Act and regulations thereunder and the standing orders and directions of the Board shall be observed,
- (b) that there shall be a separate local managing committee provided for affiliated schools or colleges,
- (c) that the number of students admitted for courses of study shall not exceed the limits prescribed by the Board and the Government, from time to time,
- (d) that there shall be suitable and adequate facilities such as buildings, laboratories, libraries, books, equipments required for teaching and research, hostels, gymnasium, as may be prescribed,
- (e) that the financial resources of the nursing and Paramedical Institutions shall be such as to make due provision for its continued maintenance and working,
- (f) that the strength and qualification of teaching and non-teaching staff of the affiliated recognized institutions and the emoluments and the terms and conditions of service of the staff of affiliated institution shall be such as may be prescribed, and which shall be sufficient to make due provision for courses of study, teaching or training or research efficiently,
- (g) that all teaching and non-teaching employees and the required facilities of the institution to be affiliated, shall be made available by the institutions for conducting examinations and for promoting other activities of the Board,
- (h) that the directions and orders issued by the Chairman and other officers of the Board in exercise of the powers conferred on them under the provisions of the Act and the regulations shall be complied with,
- (i) that there shall be no change or transfer of the management without previous permission of the Board,
- (j) that institution shall not be closed without prior permission of the Government.
- (2) No institution which is a part of another Board shall be considered for affiliation unless a "no objection certificate" is given by the parent Board.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
28. Procedure for permission.
- (1) The Board shall grant permission to start new nursing and Paramedical Institution by observing the standards laid down under the Indian Nursing Act, 1947 (XLVII of 1947) and the directions issued by the Central Government regarding Paramedical Education as per the provisions specified under this section.
- (2) The management seeking permission to open a new institution shall apply in the prescribed form to the Member-Secretary of the Board before the last day of the year preceding the year for which the permission is sought.
- (3) The Board shall conduct an inspection after receipt of payment of inspection fee within prescribed time and submit its report to the State Government.
- (4) All such applications received within the aforesaid prescribed time-limit shall be scrutinized by the Board and be forwarded to the Government on or before the last day of December of the year.
- (5) Out of the applications recommended by the Board, the Government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account the Government’s budgetary resources, the suitability of the managements seeking permission to open new institutions and the State level priorities with regard to location of institutions for Nursing and Paramedical Education: Provided that, in exceptional cases and for the reasons to be recorded in writing, any application not recommended by the Board may be approved by the Government for starting a new institution of Nursing and Paramedical Education.
- (6) No application shall be entertained directly through the Government for the grant of permission for opening new institution of Nursing and Paramedical Education.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
29. Procedure for affiliation.
- (1) On receipt of the permission from the Government under section 28, the Board shall consider grant of first affiliation to the new institution by following the prescribed procedure given in sub-section (2) and after taking into account whether and the extent to which the stipulated conditions have been fulfilled by the institution. The decision of the Board in this regard shall be final.
- (2) For the purpose of considering the application for the grant of affiliation, the Board shall form Committee constituted for the purpose.
- (3) The Board shall decide-
- (a) whether affiliation should be granted or rejected ;
- (b) whether affiliation should be granted in whole or part ;
- (c) subjects, courses of study and the number of students to be admitted ;
- (d) conditions, if any, which may be stipulated while granting the affiliation.
- (4) The Member-Secretary shall communicate the decision of the Board with a copy to the Director, Medical Education and Research and if the application for affiliation is granted, alongwith an intimation regarding-
- (a) the subjects and the courses of study approved for affiliation ;
- (b) the number of students to be admitted ;
- (c) the conditions, if any, subject to the fulfilment of which the approval is granted.
- (5) The procedure referred to in section 28 shall apply mutatis mutandis for the permission to open new courses, additional facilities, new subjects and additional divisions.
- (6) No student shall be admitted by the institution unless the first time affiliation has been granted by the Board.
- (7) The procedure referred to in sub-sections (1) to (4) shall, mutatis mutandis, be applied for the consideration of continuation of affiliation, from time to time.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
30. Continuation of affiliation.
The affiliated institution may apply for continuation of affiliation for the courses of study for which affiliation was granted ordinarily six months prior to the date of expiry of such affiliation. The Board shall follow the procedure specified in sections 27, 28 and 29, as far as applicable for grant of affiliation.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
31. Extension of affiliation.
The affiliated institution may apply for affiliation for additional courses of study. The Board shall follow the procedure as specified in sections 27, 28 and 29, as far as applicable for grant of affiliation.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
32. Permanent affiliation and recognition.
The affiliated institution with at least six years standing as an affiliated institution may apply for permanent affiliation. The Board shall consider and scrutinize the application and when satisfied that the affiliated institution has fulfilled all the conditions of application satisfactorily, and has attained high academic and administrative standards as prescribed, from time to time, the Board shall grant permanent affiliation to such institution.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
33. Inspection of institution and report.
- (1) Every affiliated institution shall furnish such reports, returns and other particulars as the Board may require for enabling it to judge the academic standard and standards of administration of the institution.
- (2) The Chairman shall inspect every affiliated institution, at least once in every three years, by one or more Committees appointed by him in that behalf.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
34. Withdrawal of affiliation or recognition.
- (1) If an affiliated institution fails to comply with the conditions of affiliation as provided in section 27, the Board may issue a notice to the management to show cause as to why the privileges conferred on the institution should not be withdrawn in part or in whole or modified.
- (2) The Board shall mention the grounds on which it proposes to take the abovementioned action and shall send a copy of the notice to the Head of Institution or the Principal. It shall also specify in the notice the period which shall not be less than thirty days within which the management should file its written statement in reply to the notice.
- (3) On receipt of such written statement or an expiry of the period specified in the notice issued under sub-section (1), the Board shall take action, if any, for withdrawal or modification of such privileges.
- (4) The Board shall, having regard to the interest of students studying in the institution, recommend to the Government the action to be taken in that behalf and the Government shall, thereafter, proceed to implement the recommendations.
Chapter IV PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE
35. Closure of institution.
- (1) No management of an institution shall be allowed to close down the institution without prior permission of the Government.
- (2) The management desirous of closing down the institution shall apply to the Board on or before the last day of April of the preceding year, stating fully the grounds for closure, and giving details of the assets in the form of buildings and equipment’s, their original costs, the prevailing market value and the grants so far received by it from the Government or from public funding agencies.
- (3) On receipt of such an application, the Board shall cause to make enquiries as it may deem fit, to assess and determine whether the institution be permitted to effect the closure. The Board may examine whether the closure should be avoided by providing necessary assistance or taking over of the institution by the Government or transferring it to another management.
- (4) If the Board decides to recommend the closure, it shall prepare and submit to the Government, a report on the extent of damages or compensation to be recovered from the management and the assets created, utilizing the funds provided by the Government or other management and the payment of compensation to the teachers and the staff retrenched.
- (5) If the Board has recommended the closure of the affiliated institution, the Government may issue the order of closure.
- (6) If the Government decides to take over the institution or transfer the same to another management, the procedure to be followed shall be such as may be laid down, by notification in the Official Gazette, by the Government.
- (7) The procedure to effect the closure shall be in phases so as to ensure that the students already admitted to the institution are not affected, and that the first year shall be closed first and no new admissions shall be effected. The procedure to phase out the closure shall be such as may be laid down, by notification in the Official Gazette, by the Government.
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