CCMA 14अध्याय IV · [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] Schools and Their Recognition

धारा 14 · Permission for establishment of new [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] schools New Courses of study etc

अक्षर आकार — स्तर 1, कुल 4 में से

(1)

Notwithstanding anything contained in this Act or any other law for the time being in force:-

(a)

no person shall establish a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School; or

(b)

no [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall;
(i)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 recognized qualification; or
(ii)increase its admission capacity in any course of study or training;
except with the previous permission of the State Government obtained in accordance with the provisions of this Act.Explanation 1. - For the purposes of this section, "person" includes any University or a trust but does not include the State Government.Explanation 2. - For the purposes of this section "admission capacity" in relation to any course of study or training in a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, means the maximum number of students that may be fixed by the Mandal from time to time for being admitted to such course or training.

(2)

(a)

Every person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School shall for the purposes of obtaining permission under sub-section (1), submit to the State Government a scheme in accordance with the provisions of clause (b), and the State Government shall refer the scheme to the Mandal for its recommendations.

(b)

The scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with fee as may be prescribed.

(3)

On receipt of the scheme by the Mandal the Mandal may obtain such other particulars as may be considered necessary by it from the person or the [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned, and thereafter it may,

(a)

if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned for making a written representation and it shall be open to such person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School to rectify the defects if any, specified by the Mandal;

(b)

consider the scheme, having regard to the factors referred to in sub-section (5), and submit the scheme together with its recommendations thereon to the State Government.

(4)

The State Government may after considering the scheme and the recommendations of the Mandal under sub-section (3) and after obtaining, where necessary such other particulars as may be considered necessary by it from the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned and having regard to the factors mentioned in sub-section (5), either approve (with such conditions if any as may be considered necessary) or disapprove the scheme, and any such approval shall be a permission under sub-section

(5)

The Mandal while making its recommendations under clause (b) of sub-section (3) and the State Government while passing an order, either approving or disapproving the scheme under sub-section (4), shall have due regard to the following factors, namely :-

(a)

Whether the proposed [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, or the existing [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School, seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] education as prescribed by the Mandal.

(b)

Whether the person seeking to establish a [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or the existing [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School 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 [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or conducting of 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 [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or course of study or training or as a result of increased admission capacity has been provided or would 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 [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School or course of study or training, by persons as prescribed by the Mandal.

(f)

the requirement of manpower in the field of practice of [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.].

(g)

any other factors as may be prescribed.

(6)

Where the State Government passed an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person or [Practitioner in Modern and Holistic Medicine] [Substituted 'Practitioner in Alternative Medicine' by C.G. Act No. 9 of 2007, dated 11.8.2007.] School concerned.

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