(1) Notwithstanding anything contained in this Act or any other State law for the time being in force, with effect from such date, as may be notified by the Government,-
(a) no person shall establish an institution imparting Physiotherapy; or HARYANA GOVT. GAZ. (EXTRA.), MAR. 31, 2020 (CHTR 11, 1942 SAKA) 63
(b) no institution shall,-
(i) open a new or higher course of study or training (including a postgraduate course of study or training) which may enable a student or such course or training to qualify for the award of any recognised Physiotherapy qualification; or
(ii) increase its admission capacity in Physiotherapy course of study or training (including a post -graduate course of study or training), except with the previous permission of the Government obtained in accordance with the provisions of this section.
(2) Every person or institution shall, for the purpose of obtaining permission under sub-section (1), submit an application to the Government and the Government shall, refer the application to the Council for its recommendations.
(3) On receipt of an application under sub-section (2), the Council may obtain such other particulars, as it may consider necessary and thereafter, it may,
(a) if the application is defective and does not contain any necessary particulars, give a reasonable opportunity to the person concerned for making a written representation and it shall be open to such person to rectify the defects, if any, specified by the Council;
(b) consider the application having regard to the factors referred to in subsection (6) and submit the application together with its recommendations thereon to the Government.
(4) The Government may, after considering the application and the recommendations of the Council, approve the application. The approval granted shall be deemed to be permission under sub-section (1).
(5) In case of disapproval of the application, the reasons for such disapproval shall be recorded in writing and such decision along with the reasons shall be conveyed to the applicant:
Provided that the applicant may represent to the Government with clarifications for the objections raised by the Government and Government may, after considering those clarifications, grant the permission:
Provided further that nothing in this sub-section shall prevent any person whose application has not been approved by the Government to submit a fresh application and the provisions of sub-section (1) shall apply to such application.
(6) The Council, while making its recommendations under clause (b) of sub-section (3) shall have due regard to the following factors, namely:-
(a) whether the proposed institution or the existing institution seeking to open a new or higher course of study or training is in a position to offer the minimum standard of education as specified by the regulations;
(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 shall be provided within the time limit specified in the application;
(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 recognized Physiotherapy qualification;
(e) whether necessary arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of Physiotherapy; and
(f) such other factors, as may be specified by regulations.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 31, 2020 (CHTR 11, 1942 SAKA) 64
(7) Where the Government passes an order either approving or disapproving an application under this section, a copy of the order shall be communicated to the person concerned.
Explanation:- For the purpose of this section “person” includes any university, trust, society, institution or a company but does not include the Central Government or State Government.
Nonrecognition of qualifications in certain cases.