(1) Notwithstanding anything contained in the Act no person shall establish a para-medical institution and no para-medical institution shall,–
(a) 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 recognised para-medical qualification ; or
(b) increase its admission capacity in any course of study or training, except with the previous permission of the 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 doesn’t include the Government.
(2) Every person or para-medical 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) The schemes 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) 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 para-medical institution concerned and thereafter, it may,––
(a) if the scheme is defective and doesn’t contain any necessary particulars, give a reasonable opportunity to the person or institution concerned for making a written representation and it shall be open to such person or para-medical institution to rectify the defects, if any, specified by the Council ; and
(b) consider the scheme, having regard to the factors referred to in subsection (8) and submit the scheme together with its recommendation(s) thereon to the Government.
(5) The Government may, after considering the scheme and the recommendation(s) of the Council under sub-section (4) and after obtaining, wherever 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 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 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 para-medical institution whose scheme has not been approved by the 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).
(6) The Government shall, within a period of three months from the date of receipt of the scheme from the Council, pass an order either to approve or disapprove the scheme with grounds specified therein.
(7) The Council, while making its recommendation(s)under clause (b) of sub-section (4) and the 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 para-medical 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 para-medical education as prescribed by the Council under section 26 of the Act ;
(b) whether the person seeking to establish a para- medical institution or the existing para-medical 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 the staff, equipment, training or other facilities to ensure proper functioning of the para-medical institution 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 para-medical 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 para-medical institution or course of study or training by persons having the recognised para-medical qualifications ;
(f) the requirement of manpower in the field of practice of medicine ; and
(g) any other factor(s) as may be prescribed.
(8) Where the Government passes an order either approving or disapproving the Scheme under sub-section (5), it shall communicate a copy of the order to the person or para-medical institution concerned, as the case may be.