Amendment status not verified — confirm the current text below against the official source.
(1) On receipt of a scheme from the State Government under sub-section (4) of section 38, the Council may, with or without causing any enquiry, assessment, visit in such a manner as it thinks fit,— (a) if the scheme is defective and does not contain any necessary particulars, 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) evaluate and consider the scheme, having regard to the factors mentioned in section 40 and forward its recommendation thereon to the State Government. (2) Notwithstanding anything contained in this Act, the scheme shall be processed and evaluated in such manner and the recommendation shall be reported in such a manner as may be prescribed by rules. PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2015 19 The West Bengal Allied-Medical and Para-Medical Council Act, 2015. (Chapter IV.—Allied-Medical and Para-Medical Education.—Section 40.) Terms and conditions for consideration. (3) The State Government, after receiving the scheme along with the recommendation of the Council and after obtaining 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), if it is satisfied after evaluation and consideration, shall pass an order within the prescribed period from the date of receipt of scheme, either— (a) approving (with or without such conditions, if any, as it may consider necessary) the scheme in which case such approval shall be deemed to be a recognition under section 35; or (b) disapproving or rejecting the scheme for reasons to be recorded in writing: Provided that no scheme shall be refused to be recommended by the Council to the State Government without giving the person or Institution concerned, a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or Institution, whose scheme has been disapproved by the State 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 (1) of section 38. (4) Notwithstanding anything contained in this Act, the recommendation of the Council shall be processed and evaluated by the State Government in such manner as may be prescribed by rules. (5) Notwithstanding anything contained in this Act, the scheme shall be approved and permission shall be granted in such manner for such period subject to such terms and conditions and be communicated to the applicant in such manner as may be prescribed by rules. (6) Notwithstanding anything contained in this Act, the scheme shall be disapproved or rejected in such manner subject to such grounds of rejection and be communicated to the applicant in such manner as may be prescribed. (7) Where within a period of one year from the date of submission of the scheme to the State Government under sub- section (1) of section 38, no order has been communicated to the person or Institution submitting the scheme, such scheme shall be deemed to have been approved by the State Government in the form, in which it had been submitted, and accordingly, the permission of the State Government required under section 35 shall also be deemed to have been granted. (8) In computing the time limit specified in sub-section (3), the time taken by the person or Institution concerned submitting the Scheme in furnishing any particulars called for by the Council or by the State Government shall be excluded.