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Section 45: Prohibition of awarding degree in certain cases.

The Jammu and Kashmir Paramedical Council Act, 2014Union territory Act of Jammu and Kashmir · Act 7 of 2014

(1) Where the Council on its own motion or on any representation received or otherwise is satisfied that any person or paramedical institution has contravened all or any of the provisions of the Act or the rules or regulations made or orders issued thereunder, it may, with the previous approval of the Government, and subject to such conditions as it may thinks fit,––

(a) in the case of the first contravention, prohibit the paramedical institution concerned from presenting such students in relation to which the contravention has been made to any University or medical institution for taking any examination which would enable such students to qualify themselves for the award of any recognised medical qualification ; and

(b) in the case of any second or subsequent contravention take such action under the Act as it may consider necessary including action to prohibit the paramedical institution concerned from making any further admission of students :

Provided that no such order shall be passed by the Council unless the paramedical institution and the students concerned have been given a reasonable opportunity of being heard.

(2) A copy of any order passed by the Council under sub-section (1), shall be communicated to the paramedical institution and the student concerned and a copy thereof shall simultaneously be forwarded to the University or paramedical institution concerned.

(3) Notwithstanding anything contained in any other law for the time being in force, an order passed by the Council under sub-section (1) and communicated to the University or paramedical institution under sub-section (2) shall be final and binding on the said University or paramedical institution.

(4) Any paramedical qualification granted to any student of such paramedical institution on the basis of any examination or other test held after the date of communication of the order to the University or paramedical institution under sub-section (2) shall cease to be a recognised paramedical qualification in relation to such student for the purposes of the Act.

(5) Where an order has been passed by the Council under sub-section (1) in relation to any paramedical institution, the Government may on its own motion or on any representation received by it, if it is of the opinion that it is necessary or expedient so to do in the interest of the students of such paramedical institution, take such steps as may be considered necessary to safeguard the interest of students studying in such paramedical institutions.

Where this provision sits

ActThe Jammu and Kashmir Paramedical Council Act, 2014
Section45
Marginal noteProhibition of awarding degree in certain cases.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

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