Bare Act
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
Education202668 sections9 chapters
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
37. Affiliation
Statutory text
- (1) A College applying for affiliation to the University shall send a letter of application to the Registrar and shall satisfy the Academic Council-
- (a) that the college will supply a need in the locality in respect of instruction and teaching in the Indian System of Medicine having regard to the suitability of the locality where the college is to be established;
- (b) that the college is to be under the management of a regularly constituted governing body;
- (c) that the strength and qualification of the teaching staff and the conditions governing their tenure of office are such as to make due provision for the course of instruction, teaching or training to be undertaken by the college;
- (d) that the buildings in which the college is to be located are suitable and that provision will be made in conformity with the Ordinances for the residence in the college or in lodging approved by the college, for students not residing with their parents or guardians and for the supervision and welfare of students;
- (e) that due provision has been made or will be made for a library;
- (f) that arrangements have been or will be made in conformity with the Statutes and Ordinances for imparting instruction in Indian System of Medicine in a properly equipped laboratory or museum;
- (g) that due provision will, as far as circumstances may permit, be made for the residence of the Principal and some members of the teaching staff in or near the college or the place provided for the residence of the students;
- (h) that the financial resources of the college are such as to make due provision for its continued maintenance and efficient working; and
- (i) that the college rules fixing the fees, if any, to be paid by the students, have not been so framed as to involve such competition with any existing college in the same neighbourhood as would be injurious to the interest of education.
- (2) The application shall contain as assurance that after the college affiliated, any changes in the management or teaching staff and all other changes, which result in any of the requirements mentioned in the sub-section (1) not being fulfilled or continued to be fulfilled, shall be forthwith reported to the Academic Council.
- (3) On receipt of a letter of application under sub-section (1) the Academic Council shall-
- (a) direct a local inquiry to be made by a competent person or persons authorized by it in this behalf in respect of the matters referred to in subsection (1) and such matters as may be deemed necessary and relevant;
- (b) make such further inquiry as may appear to it to be necessary;
- (c) give due consideration to the request, if any, made by the applicant for a reconsideration of any of the conditions conveyed to him;
- (d) record its opinion on the question whether the application should be granted or refused either in whole or in part, stating the result of any inquiry under clauses (a) and (b).
- (4) The Registrar shall submit the application and all proceedings to the State Government, which, after such inquiry as may appear to it to be necessary, shall grant or refuse the application or any part thereof.
- (5) Where the application or any part thereof is granted, the order of the State Government shall specify the courses of instruction in respect of which the college is affiliated and where the application of any part thereof is refused, the grounds of such refusal shall be stated.
- (6) As soon as possible after the State Government makes its order, the Registrar shall submit to the Board of Management a full report regarding the application, the action taken thereon under sub-sections (3) to (5) and of all proceedings connected therewith.
- (7) An application under sub-section (1) may be withdrawn at any time before an order of grant or refusal is made under subsection (4).
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
38. Extension of affiliation
Statutory text
Where a College desires to add to the courses of instruction in respect of which it is affiliated, the procedure prescribed by section 37 shall, so far as may be, be followed.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
39. Recognition of institutions of research and specialized studies
Statutory text
- (1) The Academic Council shall have the power to recognize, as a recognized institution, any institution of research or specialized studies in Indian System of Medicine other than a college.
- (2) An institution which desires to have such recognition shall send letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely:-
- (a) constitution and personnel of the managing body;
- (b) subjects and courses in regard to which recognition is sought;
- (c) accommodation, equipment, library facilities and the number of students for whom provision has been or is proposed to be made;
- (d) the strength of the staff, their qualifications and salaries and the research work done by them; and
- (e) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
- (3) Before taking the application into consideration the Academic Council may call for any further information, which it may deem necessary.
- (4) If the Academic Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorized by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Academic Council shall grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Academic Council shall specify the subjects and courses of instruction in respect of which the institution is recognized and make a report to that effect to the Board of Management at its next succeeding meeting.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
40. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
Statutory text
Approval of institutions
- (1) The Academic Council shall have the power to approve an institution as an approved institution for specialized studies, laboratory work, internship, research or other academic work in the Indian System of Medicine under the guidance of a single qualified teacher.
- (2) An institution which desires to have such approval shall send a letter of application to the Registrar and shall give full information in the letter of application in respect of the following matters, namely:-
- (a) the name, qualifications, experience and research work of the teacher under whom approved work is to be done;
- (b) the nature of work or the subjects for which work is proposed to be done;
- (c) accommodation, equipment, library facilities and the number of students for whom provision has been made or is proposed to be made; and
- (d) fees levied or proposed to be levied and the financial provision made for capital expenditure on buildings and equipment and for the continued maintenance and efficient working of the institution.
- (3) Before taking the application into consideration the Academic Council may call for any further information, which it may deem necessary.
- (4) If the Academic Council decides to take the application into consideration, it may direct a local inquiry to be made by a competent person or persons authorised by it in this behalf. After considering the report made as a result of such local inquiry and making such further inquiry as may appear to it to be necessary, the Academic Council shall grant or refuse the application or any part thereof. Where the application or any part thereof is granted, the Academic Council shall specify the subjects and courses of instruction in respect of which the institution is approved and make a report to that effect to the Board of Management at its next succeeding meeting.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
41. Where the application or any part thereof is refused, the grounds of such refusal shall be stated.
Statutory text
Inspection of college and reports
- (1) Every affiliated college, recognized institution and approved institution shall furnish such reports, returns and other information as the Academic Council may require to enable it to judge the efficiency of the college or institution.
- (2) The Academic Council shall cause every such college or institution to be inspected from time to time by one or more competent persons authorized by it in this behalf.
- (3) The Academic Council may call upon any college or institution so inspected to take, within a specified period, such action as may appear to it to be necessary in respect of any of the matters referred to in sub-section (1) of section 37, sub-section (2) of section 39, or as the case may be, sub-section (2) of section 40.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
42. Withdrawal of affiliation
Statutory text
- (1) The rights conferred on a college by affiliation may be withdrawn in whole or in part or modified if the college has failed to carry out any of the provisions of sub-section (1) of section 37 or the college has failed to observe any of the conditions of its affiliation or the college is conducted in a manner which is prejudicial to the interests of education.
- (2) A motion for the withdrawal or the modification of such rights shall be initiated only in the Academic Council. The member of the Academic Council who intends to move such a motion shall give notice of it and shall state in writing the grounds on which it is made.
- (3) Before taking the said motion into consideration, the Academic Council shall send a copy of the notice and written statement mentioned in sub-section (2) to the Principal of the college concerned together with intimation that any representation in writing submitted within a period specified in such intimation on behalf of the college, will be considered by the Academic Council: Provided that the period so specified may, if necessary, be extended by the Academic Council.
- (4) On receipt of the representation or on the expiry of the period referred to in sub-section (3), the Academic Council after considering the notice of motion, statement and representation and after such inspection by competent person or persons authorized by it in this behalf and such further inquiry as may appear to it to be necessary shall make a report to the Board of Management.
- (5) On receipt of the report under sub-section (4) the Board of Management shall, after such further inquiry, if any, as may, appear to it to be necessary, record its opinion in the matter: Provided that no resolution of the Board of management recommending the withdrawal of affiliation shall be deemed to have been passed by it unless the resolution has obtained the support of two-thirds of the members present at a meeting of the Board of Management, such majority comprising not less than one-half of the members of the Board of Management.
- (6) The Registrar shall submit the proposal and all proceedings, if any, of the Board of Management and the Academic Council relating thereto, to the State Government which, after such further inquiry, if any, as may appear to it to be necessary, shall make such order as it deems fit and communicate it to the Board of Management.
- (7) Where by an order made, under sub-section (6), the rights conferred by affiliation are withdrawn in whole or in part or modified, the grounds for such withdrawal or modification shall be stated in the order.
Chapter VI AFFILIATION, RECOGNITION AND APPROVAL
43. Withdrawal of recognition or approval
Statutory text
- (1) The rights conferred on an institution by recognition or approval may be withdrawn or suspended for any period by the Academic Council, if the institution has failed to observe any conditions of its recognition or approval or the work assigned to it, is conducted in a manner which is prejudicial to the interests of education, or the teacher recognized by the University leaves the institution.
- (2) Before making an order under sub-section (1) in respect of any recognised or approved institution, the Academic Council shall by notice in writing, call upon the institution to show cause within one month from the date of the receipt of the notice, why such an order should not be made. The period so given for showing the cause may, if necessary, be extended by the Academic Council.
- (3) On receipt of the explanation, if any, made by the institution in reply to the notice, and where no such reply is received, on the expiry of the period referred to in sub-section (2), the Academic Council shall, after such inquiry, if any, as may appear to it to be necessary, decide whether the recognition or approval should be withdrawn or as the case may be, suspended and make an order accordingly.
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