Every person who offers his services in any of the recognised categories on or before the commencement of this rule shall be allowed to be 24 ǐबहार गजट (असाधारण), 18 जुलाई, 2024 provisionally registered under the provisions of this rule within such period from such commencement in such manner as may be specified by regulations.
20. Permission for establishment of new allied and healthcare institutions, new courses of study, etc.
(1) Notwithstanding anything contained in this rule or any other law for the time being in force, on and from the date of commencement of this rule :-
(a) No person shall establish an allied and healthcare institution; or
(b) No allied and healthcare institution shall -
(i) open a new or higher course of study or training (including post-graduate course of study or training) which would enable students of each course of study or training to qualify himself for the award of any recognised allied and healthcare qualification, or
(ii) Increase its admission capacity in any course of study or training (including post-graduate course of study or training); or
(iii) Admit a new batch of students in any unrecognised course of study or training (including post-graduate course of study or training), except with the previous permission of the Council obtained in accordance with the provisions of this rule:
Provided that the allied and healthcare qualification granted to a person in respect of a new or higher course of study or new batch without previous permission of the Council shall not be a recognised allied and healthcare qualification for the purposes of this rule:
(2) (a) Every person or allied and healthcare institution shall, for the purpose of obtaining permission under sub-section (1), submit to the Council a scheme in accordance with the provisions of clause (b).
(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 with such fee as may be prescribed by the State Government
(3) On receipt of a scheme under sub-section (2), The Council may obtain such other particulars as may be considered necessary by it from the person or the allied and healthcare 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 allied and healthcare institution concerned for making a written representation and it shall be open to such person or allied and healthcare institution to rectify the defects, if any, specified by the Council ;
(b) consider the scheme, having regard to the factors referred to in 25 ǐबहार गजट (असाधारण), 18 जुलाई, 2024 sub-section (5).
4. The Council may, after considering the scheme and after obtaining, where necessary, such other particulars under sub-section (2) as may be considered necessary by it from the person or allied and healthcare institution concerned, and having regard to the factors referred to in sub-section (5), either approve with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under subsection (1):
Provided that no such scheme shall be disapproved by the Council except after giving the person or allied and healthcare institution concerned a reasonable opportunity of being heard:
Provided further that nothing in this sub-section shall prevent any person or allied and healthcare institution whose scheme has not been approved by the Council to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2).
(5) The Council shall, while passing an order under sub-section (4), have due regard to the following factors, namely: -
(a) whether the proposed allied and healthcare institution or the existing allied and healthcare institution seeking to open a new or higher course of study of training, would be in a position to offer the basic standards of education as specified by regulations;
(b) whether the person seeking to establish an allied and healthcare institution or the existing allied and healthcare 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 stall, equipment, accommodation, training, hospital and other facilities to ensure proper functioning of the allied and healthcare institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided as may be specified in the scheme;
(d) whether adequate facilities, having regard to the number of students likely to attend such allied and healthcare institution or course of study or training or as a result of the increased admission capacity, have been provided or would be provided as may be specified in the scheme;
(e) whether any arrangement has been made or programme drawn lo impart proper training to students likely to attend such allied and healthcare institution or the course of study or training by the persons having the recognised allied and healthcare qualifications:
26 ǐबहार गजट (असाधारण), 18 जुलाई, 2024
(f) The requirement of manpower in the allied and healthcare institution; and
(g) Any other factors as may be specified by regulation
(6) Where the Council passes an order under sub-section (4). a copy of the order shall be communicated to the person or allied and healthcare institution as the case may be.
(a) "Person" includes any University, institution or a trust, but does not include the Central Government or State Government:
(b) "admission capacity", in relation to any course of study or training (including post-graduate course of study or training) in an allied and healthcare institution, means the maximum number of students as may be decided by the Council from time to time for being admitted to such course of study or training , 21 .Power to require information from allied and healthcare institutions.-
(1) Any University or college or institution imparting education in any recognised category shall furnish information to the Council regarding course of study, duration of course, scheme of assessment and examinations and other eligibility conditions in order to obtain the requisite qualifications as an allied and healthcare institution under this Act as the council may from time to lime require.
(2) Any University or college or institution imparting education in any recognised category as on the date of commencement of this rule shall furnish to the Council such information in such manner as may be specified by regulations.