Section 16 in Gujarat State Council for Physiotherapy Act, 2011
16. Prior permission for establishment of new institutions, new course of study, etc.
(1)Notwithstanding anything contained in this Act or any other law for the time being in force with effect from the date as may be notified by the Government, -(a)no person shall establish an institution; or(b)no institution shall, -(i)open a new- or higher course of study or training including a postgraduate study or training which would enable a student of such course or training to qualify himself for the award of any recognized Physiotherapy qualification; or(ii)increase its admission capacity in any course of study or training including a postgraduate studies;except with the previous permission of the Government obtained in accordance with the provisions of this section.Explanation 1. - For the purpose of this section "person" includes any University or a trust or a society or an institution or a company but does not include the Central Government or the State Government.Explanation 2. - For the purpose of this section "admission capacity" in relation to course of study or training (including post-graduate 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)(a)Every person or institution shall, for the purpose of obtaining permission under sub-section (1) submit to the Government a scheme in accordance with the provisions of clause (b) and the Government shall refer the scheme to the Council 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 such fees as may be prescribed.(3)On receipt of the scheme under sub-section (2), the Council may obtain such other particulars as may be considered necessary by it from the person or the institution concerned and thereafter it may, -(a)if the scheme is defective and does not contain any necessary particular give a reasonable opportunity to the person or institution concerned for making a written representation and it shall be open to such person or institution to rectify the defects if any specified by the Council;(b)consider the scheme having regard to the factors referred to in sub-section (7) and submit the scheme together with its recommendations thereon to the State Government.(4)The Government may after considering the scheme and the recommendations of the Council under sub-section (3) and after obtaining where necessary such other particulars as may be considered necessary by it from the person or institution concerned, and having regard to the factors referred to in sub-section (7), either approve (with such conditions, if any, as it may consider necessary), the scheme in which case such approval shall be deemed to a permission under subsection (1) and thereon the State Government may, by notification in the Official Gazette, amend the Schedule so as to include the name of such person or institution, or reject the scheme :Provided that no scheme shall be rejected by the Government except after giving the person or institution or company concerned a reasonable opportunity of being heard :Provided further that nothing in this sub-section shall prevent any person or institution wfhose scheme has been rejected 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).(5)Where within a period of one year from the date of submission of the scheme to the Government under sub-section (2), no order has been communicated to the person or institution submitting the scheme shall be deemed to have been approved by the Government in the form in which it had been submitted and accordingly, the permission of the Government required under sub-section (2) shall also be deemed to have been granted.(6)In computing the time limit specified in sub-section (5), the time taken by the person or institution concerned for submitting the scheme, in furnishing any particulars called for by the Council, or by the Government, shall be excluded.(7)The Council, while making its recommendations under clause (b) of sub-section (3) and the Government while passing an order, either approving or rejecting the scheme under sub-section (4) shall give due regard to the following factors, namely :-(a)whether the proposed institution or the existing institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of education as prescribed by the Council under section 24;(b)whether the person seeking to establish an institution or the existing institution seeking to open a new or higher course of study or training or to increase is admission capacity has adequate financial resources;(c)whether necessary facilities in respect of staff, equipments, accommodation, training and other facilities to ensure proper functioning of the institution or conducting the new courses 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 any arrangement has been made or programme drawn to impart training to students likely to attend such institution or course of study or training by person having the recognized Physiotherapy qualifications;(e)whether any arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of Physiotherapy; and(f)such other factors as may be prescribed.(8)Where the State Government passes an order either approving or rejecting the scheme under this section, a copy of the order shall be communicated to the person or institution concerned.
