(1) Notwithstanding anything contrary contained in this Act or in any other law for the time being in force, with effect from the date as may be notified, no person shall establish or conduct any Institution; nor any Institution shall conduct any professional course, nor open a new or higher professional course of study or training, nor increase its admission capacity in any professional course of study or training, nor shall impart Allied-Medical or Para-Medical education in any manner which would enable a student of such course or training or education to qualify himself for the award of any recognized Allied-Medical or Para-Medical qualification without the prior permission in the form of recognition by the State Government obtained in accordance with the provisions of this Act.
Explanation 1.— For the purposes of this section "person" includes--
(a) individual living person;
(b) a society registered under the Societies Registration Act, 1860 or corresponding enactments in States; or
(c) a public religious or charitable trust registered under the Trust Act, 1882 or the Wakf Act, 1995; or
(d) a body, group or association of individuals, and organization, a firm, a trust or society or a company registered under any law for the time being in force.
21 of 1860.
2 of 1862.
43 of 1995.
PART In] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 17 The West Bengal Allied-Medical and Para-Medical Council Act, 2015.
(Chapter IV—Allied-Medical and Para-Medical Education.—Sections 36, 37.)
Non-recognition of qualifications in certain cases.
Time for seeking permission for certain existing Institution.
Explanation IL— For the purposes of this section "admission capacity" in relation to any professional course of study or training (including post-graduate professional course of study or training) in an Institution means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training
(2) Notwithstanding anything contained in this Act, the State Government may prescribe by rules the detailed procedure to obtain the permission mentioned under sub-section (1).
(3) If any person has established an Institution or any Institution has opened a new or higher professional course of study or training or increases the admission capacity before the commencement of this Act, such person or Institution, as the case may be, shall seek the permission of the State Government in accordance with the provisions of this Act within a period of six months from the date mentioned in subsection (1).
(4) If the Institutions applying for permission or approval do not conform to the standards fixed by the State Government or fulfil the terms and conditions in this regard, a provisional permission or approval may be granted to the Institutions subject to the condition that the facilities in accordance with the standards fixed by the State Government shall be provided within a period of two years from the date of commencement of this Act.
(5) If the Institutions do not provide the facilities in accordance with the standards fixed by the State Government within the period specified in sub-section (3), the permission or approval granted under sub-section (4) shall be withdrawn forthwith.
Note.— The provisions of this section will not be applicable in case of State Medical Faculty of West Bengal, for its existing Courses.