(1) Where the Council, on its own motion or on any representation received or otherwise, is satisfied that any person or Institution has contravened all or any of the provisions of this Act or the rules or regulations made or orders issued thereunder, it may recommend to the State Government, and the State Government, subject to such conditions as it thinks fit and proper to impose, may:—
(a) in the case of the first contravention, prohibit the person or the Institution concerned from presenting such students in relation to which the contravention has been made to any University or Institution for taking any examination which would enable such students to qualify themselves for the award of any recognized qualification; and
(b) in the case of any second or subsequent contravention, take such action under this Act as it may consider necessary including action to prohibit the person or the Institution concerned from making any further admission of students:
Provided that no such order shall be passed by the State Government unless the 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 person or the Institution and the student concerned and a copy thereof shall simultaneously be forwarded to the University or Institution concerned.
(3) Notwithstanding anything contained in any other law for the time being in force, an order passed by the State Government under sub-section (1) and communicated to the University or Institution under sub-section (2) shall be final and binding on the said University or Institution.
(4) Any qualification granted to any student of such Institution on the basis of any examination or other test held after the date of communication of the order to the University or Institution under sub-section (2) shall cease to be a recognized qualification in relation to such students for the purposes of this Act.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 21 The West Bengal Allied-Medical and Para-Medical Council Act, 2015.
(Chapter IV.—Allied-Medical and Para-Medical Education.—Sections 42-44.)
Recognition of qualification.
Recognition of qualifications in case of reciprocity.
Provision of recognition in certain areas.
(5) Where an order has been passed under sub-section (1) in relation to any Institution, the State 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 Institution, take such steps considered to be necessary to safeguard the interest of students studying in such Institutions.