Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force,— (a) no person or organization, other than the State Government of West Bengal, shall establish an Institute of Rural Health Care without— (i) the recommendation of the Authority; and (ii) prior and express permission of the State Government; (b) the State Government shall not establish an Institute of Rural Health Care without the recommendation of the Authority. (2) Every person or organization or trust seeking to start an Institute of Rural Health Care shall, for the purpose of obtaining permission under clause (a) of sub- section (1), submit to the State Government, a proposal in accordance with the provisions of this Act and the rules framed thereunder and the State Government shall refer the proposal to the Authority for its scrutiny and recommendations. The State Government, if intend to start an Institute of Rural Health Care, it shall directly refer the proposal to the Authority. (3) On receipt of the proposal under sub-section (2), the Authority may obtain such other particulars and information as may be considered necessary from the person or the organization concerned and thereafter it may, if the proposal is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or organization concerned for making a written representation and it shall be open to such person or organization to rectify the defects, if any, specified by the Authority. (4) The State Government may after considering the proposal and the recommendations or observations of the Authority and after obtaining, where necessary. such other particulars as may be considered necessary by it from the person or the organization concerned, either approve (with such conditions, if any, as may be considered necessary) or disapprove the proposal. (5) The Authority while making its recommendations and the State Government while passing an order, either approving or disapproving the proposal, shall have due regard to the following factors, namely:— (a) whether the proposed person or organization seeking to open an Institute of Rural Health Care would be in a position to offer the minimum standards of education as prescribed by the Authority; (b) whether the person seeking to establish an Institute of Rural Health Care has adequate financial resources; (c) whether there are necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the Institute of Rural Health Care; (d) whether adequate hospital facilities having regard to the number of students likely to attend the Institute of Rural Health Care would be available; (e) whether adequate qualified teaching and non-teaching staff would be available in the Institute of Rural Health Care; (f) any other condition as may be prescribed. 6 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 19, 2014 [PART III The West Bengal Rural Health Regulatory Authority Act, 2009. (Chapter IV.—Institute of Rural Health Care.—Sections 9, 10.—Chapter V.— Secretary and other officers and Staff—Sections 11, 12.—Chapter VI.— Fund of the Authority—Section 13.) Secretary and other officers and staff of the Authority. Duties and functions of the Secretary. Fund of the Authority. (6) A copy of the order passed by the State Government. either approving or disapproving of the proposal. shall be communicated to the concerned parties and the Authority.