Bare ActsThe Delhi Council For Physiotherapy And Occupational Therapy Act, 1997

Section 12

Meetings of the Council

Amendment status not verified — confirm the current text below against the official source.

Meetings of the Council.—(1) the Council shall meet atleast once a year at such time and place as may. appointed by the Council. Provided that the first meeting of the Council shall be held at such time and place as may be appointed 1 - President. _ .5 (2) Eight members (including the President and Vice President) shall form a quontm. When a quorum is requm, not present the presiding authority shall, after waiting for not less than thirty minutes for such quorum, adjourn the m‘. to such hour or some future day as it may notify on the notice board at the office of the Council; and the business whichw have been brought before the original meeting had- there been a quorum threat, shall be brought before the adjo. meeting and may be disposed of at such meeting or any subsequent adjournment thereof whether there be a quorum p ' or not. (3) Atleast fifteen clear days‘ notice, in writing, alongwith agenda proposed to be considered at a meetingd Council, shall be given to the members for holding an ordinarymeeting. (It) The agenda of the meeting shall be sertlod by the Secretary in consultation with the President. of the receipt of the notice l3. Proceedings of meetings.—{ I) The proceedings of every meeting of the Council shall be treated as co- tin] and no person shall, without the previous resolution of the Council, disclose any portion thereof: Provided that nothing in this section shall be deemed to prohibit any person from disclosing or publishing text of any resolution adopted by the Council, unless the Council directs such resolution also to be treated as odiifi. dcntial. (2) A copy of the proceedings of every meeting of the Council shall within fifteen days from the date of: ._... meeting, be forwarded to the Government or any other authority appointed by it on its behalf. -:. lIl. Vacancies, etc. not to invalidate proceedings of the Council.— No act or proceeding of the Council shall} I1, invalid merely by reason of, — (a) any vacancy in, or any defect in the constitution of the Council; or (b) any defect in the election or nomination ofa person as a member of the Council; and (c) any irregularity in the procedure of the Council not affecting the merits of the case. IS Appointment of Officers and employees of the Council—( l) The Council shall with theprevious sanctitutt't.t the Government, appoint a Registrar and or a Deputy Registrar. He shall _a qualified medical graduate as prescribed schedules I II, and III of the lndian Medical Council Act, 1956 (102 of 1956) "- (2) The Executive Committee may. from time to time, grant leave to the Registrar : Provided that. if the period of leave does not exceed one month. the leave may be granted by the President. (3] During any temporary vacancy in the office of the Registrar due to leave or any other reason, the Deputy Re 23 DELHI GAZETTE .' EXTRAORDINARY CHAPTER [II FUNCTIONS 0i“ THE COUNCIL 18 Prior permission for establishment (If new institutions new course at study. etc. (1] NotIIithstImding thing contained in this Act or any other Inn for the time being'111 force, IIItlI effect from the date as may be notified by ' . Government.— (3) no person shall establish an institution; or (b) no institution shall.— (i) open a anew or higher course of study or training {including a postgraduate course of study or tra which would enable a student ofsuch courseorlraining to qualify himseil'l'orthe award oftlrty reco physiotherapy or occupational therapy qualifications: or (it) increase its admission capacity in any course ofstttdI' or training (including a postgraduate col I study. ortnrining) SCCllClll Explanation t .—-For the proposes of this section "person" includes my UniIersnI ora Trust or II Society-o1: institution but does not include the Central Government or the Government. (2) (a) BIery person or institution strait for the purpose of obtIinittg permission under sub-section GoIenIIIIeIII shall refer the scheme to the Councrl for its recommendations. (b) The scheme referred to in clause (It) shall be ill such Form and contain such particulars ' be prefeared in such manner and be accompanied with such fee as may be prescribed. (3) On receipt of It scheme by the Council under sub-section {2). the Council may obtain such other particu] may he considered necessary by it from the person or the institution concerned. and thereafter. it may—r (a) If he scheme rs defecttve and does not contnttt any necessary pantculars. gave a reasonable opga tunity to the person orinstittrtion concenIed for malIingII written representation and it Shall be ad 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 sch, together with its recommendations thereon to the Government. (4) The Government may. after considering the scheme and the recommendations of the Council under. section (3} and after obtaining. where necessary. such otherparticulars as may be considered necesssary by it front wepersg'fl instituLion concemed and having regard to the factors referredto in sub-section I?) either approve (with such conditions if-'I as it may consider necessary) the schemeIII IIhich case such approval shall be deemed to be a permission under sub-section( l or reject the scheme: '5? Provided that no scheme shall be rejected by the Government except after giving the person or institution concerns; a reasonable opportunity of hemp heard: ja- Provided further that nothing in this sub-section shalt prevent any person or institution II-hose scheme has 6 I, reiecled by the Government to submit a fresh scheme and the provisions ofthis section shall apply to such scheme. as' ifsfidl scheme has been submitted for the first time under Sub-Section (2) .- II' {5} Where within a period ofone year from the date of submission of the scheme to the Gm'enIrnenr underSI-lb section (2). no orderhas been communicated to the person or institution submitting the scheme such scheme shalt be deem. to have been approved b_I the (3menIrrIent in the formIn which it had been submitted and accordingly the permission oflh Gmernrnent required under subsection I l 1 shall also be deemed to haI e been granted P at l\". UELHI GAZETTE .' EXTRAORDINARY 29 .\ (in) submitting th in computing the titue limit specified in sub-section (51. tile time taken by tltc persott or institution concemed e scheme. itt furnishing any particulars called for by the Council. or by tlte Government. shall be excluded. {7, The Council. while making its reconnnendaiions under clause (b) of sub-section (3] and tlte Government wltile .y. [ p tssiu" an order_ either approving of rejecting the scheme under sub-section (4). sltall be due regard to tlte following factors. he natuel) '— U.) whether the proposed institution or the existing to institution seeking to open a lien or higher cottrse of study or training, would be in a position to offer the ntininttttn standards of education as prescribed by the Council under section 26: 9 {b} whether the person seeking to establish an institution or the existing institution seeking to open a new or higher .1 . course of study or training or to increase its adtttissiott capacity. has adequate financial resources: {6) whether necessary facilities in respect or stalT, equipment. accommodation. training and otlter facilities to r . ensure proper functioning of the institution or conducting the new course ofstudy or training or accommodat- ing the increased admission capacity have been provided or-wmtld be provided witltiu the little limit specified t ri iii the scheme: (d) “hether anv arrangement ltas been made or programme drawn to imp:in training to students likely to attend such institution or course ofstudy or training by persons having the recognised physiotherapy or occupational therapy qualifications. as the case may be: (9) whether necessary arrangement has been made or programme drawn to meet the requirement of manpower in the field of practice of physiotherapy or occupational therapy. as the caSe ntay be : and (I) any other factors as may be prescribed. (8) where the Govemment passes an order either approving or rejecting a scheme under this section. a copy of the order sltall be communicated to the person or institution concerned. [-9. Non.rccognition of qualifications in certain eases.— (I) Where any institution is established except with the previous permission ofthe Government in accordance with the provisions ofsection [8. no physiotherapy or occupational mom”. qualification granted to any student ofsuch institution shall be a recognised qualification for the purposes of this Act. [2] Where any institution opens a new or higher course of study or training (including a postgraduate course of study or training} except with the previous permission ofthe Govcntntent in accordance with the provisions ofscetion 18. no qualification granted to any student ofsuclt institution on the basis ofsuch study or training shall be a recognised qualification for the purposes of this ACL (3) Where any institution increases its admission capacity in any course of study or training except with the previ- otts permission of the Government in aceordance with the provisions of section 18. no physiotherapy or occupational therapy 3 qualification granted to any student of such institution on the basis ofthe‘increase in its admission capacity shall be recognised Physiothcmpy or occupational therapy qualification for the purpose of this Act. Explanation—For tltc purposes of this Section, the ctiteria for identifying a student who has been granted a physio- therapy or occupational therapy qualification on the basis ofsuch increase in the admission capacity shall be such as maybe prescribed.

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