Registered No. WB/SC-247 No, WH(Part-)/20185ARe Kolkata Gasette Extraordinary Published by Authority SRAVANA 3] WEDNESDAY, JULY 25, 2018 ISAKA 1940 PART [Orders and Notifications by the Governor of West Bengal, the High Court, Government Trea ry, ete, GOVERNMENT OF WEST BENGAL, Department of Health & Family Welfare A. Branch Swasthya Bhawan, GN-29, Sector-V, Salt Lake City, Kolkata-1 NOTIFICATION No, HF/O/GA/2021/HF/SPSRC/67:2013, Dated, Kolkata, the 11th July, 2018 - The following draft rules which the Govemor, in exercise of the power conferred by section 90 of the West Bengal Allied-Medical and Para-Medical Council Act, 2015 (West Ben. Act XXVIII of 2015), proposes to make, is hereby published as required by sub-section (2) of section 90 of the said Act. for inviting objections or suggestions from all persons likely to be affected thereby: The draft will be taken into consideration on or after the expiry of a period of fifteen days from the date of publication of this notification in the Official Gazeue and any objection or suggestion, in writing, with respect thereto which may be received by the undersigned before the expiry of the said period, shall be duly considered Chapter Preliminary 1. Short tite and commencement (1) These Rules may be called the West Bengal Allied Medical And Para Medical Council Rules 2018, @ 7 shall come into force on the date of their publication in the official Gazeue, Definitions ‘A. In these rules, unless the context otherwise requires.— (i) "Academic Sub-Committee” means such Sub-Committee constituted under sub-section (2) of section 32; (ii) "Act" means the West Bengal Allied Medical And Para Medical Couneil Act, 2015; (iii) "Aided Institution" means an Institution or College including University, run or managed by any trust, society or association of persons or organization, receiving financial aid or grant-in-aid from the State Government or the Central Government;WE KOLKATA GAZE TE, EXTRAORDINARY, JULY 25, 2018 [Baer (iv) "Allied Medical professional" means any person having adequate professional qualification, who can practice his profession (o assist « registered Medical practitioner in practice, or teaching ot reseaich of med who can also administer appropriate non-pharmecological therapy and shall inelude profession: physiotherapists, occupational therapisi clinical psychologists, Nutritionists ete. or those educated in such disciplines as mentioned in part A of Schedule II but shall not include Pharmacists, Nurses or Para-Medical ‘ne and professionals; (&)_ "Allied or Para Medical Practitioner" means 2 person, whose name has heen entered in the registers of the Alllied Medical and Para Medical Coureil; (i) “Council” meansa common West Bengal Council of Medical Laboratory Technology or Radiology Technology ‘or Physiotherapy or Occupational Therapy or any such Allied Medical and Para Medical Professionals as the case may be, constituted under section 3 having sets of separate registers for different Allied Medical or Para Medical discipline each having a distinct identity of its own: (vii) "Department’" means Department of Health and Family Welfare, State Goverment of West Bengal: (viii) "Exeoutive Committee" means the Executive Committee of the Council, (ix) "Education’ means programmes of education, research or training or such other ateas of programmes as the ‘State Government may, in consultation with the Council by notification, declare in such Allied Medical and Para Medical disciplines each having a distinet identity of its own as mentioned ia Schedule I; (a) "Fund" means the fund of the Council established under section 66; (xi) “State Government” means the Siate Government of West Bengal in the Department of Health and Pemily Welfare: Gi) "Institution" means a professionel educstional college ot an Institution including Board or University, by whatever name called, established by law for imparting education under this Act, which may lead to award of any degree, diploma or license in Allied Medival or Para Medical discipline; (xiii) "Medical laboratory" means a laboratory for diagnostic, therapeutic and research purpose being manned by qualified technical personnel under the supervision of a Medical professional or any such competent p mi; (xiv) "Member" means a member of the Allied Medical and Para Medical Council and includes its President and Vice-President; (xy) "Non-pharmacological therapy" means and includes any recognized form of therapy like physiotherapy, ‘occupational therapy. counselling, dietary advice, ete. but shall not include therepies, which can only be administered by a registered Medical practitioner, like acupuncture, radiotherapy ete; wi (svii) "Para Medical professional” means any person having adequate professionel qualification, who ean prsctive tered Medical practitiones in practice, or teaching of research of medicine but ‘cho cannet administer any pharmacological or non-pharmacological therapy and shall include professionals, like Medical ‘Technician or Technologists (laboratory metticine), Medical Technician or Technologists (Optometry), ete., educated in such diseiplines as mentioned in part B of Schedule 11 but shall not include Pharmacisis, Nurses, or Allied-Medical professionals: Xotification" means a notification published in the Official Ge his profession to assist a (xviii) "Prescribed" means prescribed by rules made under the Act (xix) "Professional courses" means the courses conducted in aay of the discipline mentioned in the schedule of disciplines and such other coursesas the State Government mey, by notification in the Official Gazette, declare: (x) “Register” means the register maintained under sub-section (1) of section 50; (xxi) Registrar’ means Registrar of the Council as appointed under sub-section of section 27:Paar 1] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 (xxii) "Regisiration and Disciplinary Sub- ‘ommittee" means such committee constituted under section 25; (xxii) "Regulations" means regulations made under the Act (xxiv) "State Medical Faculty" means 'the State Medical Faculty of West Bengal’ established under Bengal Govt. Resolution No. 2545 Medl. Dated | Ith August, 19145, (sav) "Officers of the Council" means Additional Registrer, Joint Registrar, Deputy Registrar, Assistant Registrar or any other officer appointed as such by the Council; (xvi) "Inspector" means a medical an inspector appointed by the Council xvii) "Employee" means an employee of the Council, other than an officer of the Couneil; (sowvili) "Visitor" means 2 visitor appointed by the Council; (xxix) "Whole-time Inspector" means the whole-time Inspector appointed by the Counc (00s) "Schedule of Discipline" means a Schedule appenced to the Act; (xxi) "University" means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 and includes an Institution 3 of 1956, declared to be a deemed University under section 3 of the said Act. (Chapter If Formation of Council Establishment and incorporation of the Council 1, The West Bengal Allied Medical and Para Medical Council constitute under section 3 of the Act having its, office at 14C Beliaghata Main Road, Kolkata - 700010. 2. The Council shall consist of the members as defined in section 4 of the Act. 3, (i) The President and the Vice-President of the Council shall be elected by the members of the Couneil from amongst themselves at its first meeting: Provided that in the ease of constitution of the Couneil forthe first time after the commencement of the Act, the State Goyernment shall nominate one of the members to be its President and another member to be its Vice-President, both of whom shall hold office until the regular President and Vice-President are elected: Provided that such nominated President and Vice-President shall hold office during the pleasure of the State Government (ii) The President or the Vice-President, as the case may be, shall be deemed to have vacated his office, on his resignation being accepted by the State Government or on the expiry of his tem of office as a member or on otherwise cessation of their membership. (iii) When the office of the President is vacant, the Vice-President shall exercise the powers and functions of the President until a new President assumes office. (iv) When the offices of both the President and the Vice-President are vacant or when both of them are incapacitated. the Direetor of Medical Education shall exercise the powers and perform the functions of the President until a new President or Vice-President is appointed and assumes office or the President or the Vice-President recovers from his incapacity. (v) An outgoing President or Vice-President shall be eligible for reappointment for that office for another term, if otherwise qualifiedTHE KOLKATA GAZETTE ;, EXTRADRDINARY. JULY 25, 2018 [Paws Vacaney due to contingeney Inthe event of a vacancy occurring in the seat of the member elected in the manner provided in Section (1X) of the Act, on the happening ofany of the contingencies, referred in section 10 of the Act, the Registrarshall, within thirty days of the occurrence of the vacancy, inform the President of the Council of such vacaney, and the President shall thereupon cause an election to be held in the manner 4s laid down in the regulation made for the purpose and shell report the result of the election to the State Government. Eligibility and Disqualification in respect of member of the Couneil: The criteria will be as per sub-section (2) of section of the Act and other provisions as may be decided by the Council as and when necessary in tems of the Act. Powers and Duties of The President and Vice-President (1) ‘The Powers and Duties of the President and Vice-President will be as per under section 13, sub seetion (3) of the Act (2) Powers and duties of the President:~ ‘The President shall subject to the provision of the Act, rules, regulations and Standing Ondets of the Council do such acts as he considers necessary for the furtherance of the objectives for which the Council is esteblished, (3) Powers and duties of the Vice President:— If the office of the Pre: reason is unable to exercise the powers er perform the duties of his office, the Vice-President shall act in his ident is vacant or if the President for any place nd shall exercise the power and perform the daties of the President, Executive Committee (1) The Executive Commitice will be constituted under section 14 of the Act. (2) President and Vice-President to be members of Executive Commnittee:~ The President ané the Vice-President of the Council shall be members ex-officio of the Executive Committee and shall be Chairperson and Vice-Chairperson respectively of that Commitee. (3) ‘Themember of Executive Committee should meet atleast oneea month and review the progtess ofthe decision taken by the Council (A) The Pxccutive Committee may take decision in case of emergency which hes to be subsequently ratified by the Council. (5) Meetings of Pxceutive Commitee:~ The meetings of the Excottive Committee shall be ordinarily governed by the regulations applicable to the meetings of the Counc (6) Notice, ete. for meetings: (0) Within four weeks before the meeting of the Council, the Executive Commitee shall ordinarily meet and also at such other times and places as the President may determine Gi) The Secretary shall, at Least ton days before the date fixed for the meeting, despatch the notice along with the agenda reflecting therein the business listed before the said meeting, to each member. (2) Quorum:~ Three members of the Executive Committee shall form a quorum. (8) Adjournment for want of quorum:— [fat the time appointed for a meeting @ quorum is not present the meeting shall not commence until a querum is present, and if a quorum is not present on the expiration of thisty minutes, {rom the time appointed for the meeting or during the course of any meeting, the meeting shall stand adjourned to such future date and time as the President may appoint. (0) Chaiman ofa meeting:- If both the President and Vice-President are absent, the members present shall elect ‘one of the members to act as Chaizperson, (10) Tem of office of a member:~ The tem of offive of an elected member of the Executive Committee shall be ‘nwo years, A member shall be eligible for re-election.Poe UD (11) Participation of a member other than a member of the E} a2 (3 a4) «as ) ) ) THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 2018 ecutive committee: The President may invite 2 member of the Couneil, not being a member of the Executive Committee to attend any meeting of the Executive Committee for any particular item of the agenda, Any member so invited shall be free to participate in the discussions, relating to that item but shall have no right to vote. Consideration of reports by Executive Committee: The Executive Committee shall consider and report to the Council on any subject referred to it by the Council or by the President and exercise such powers and perform such duties as are required by the rules, regulations and standing orders of the Council Inspectors report:— The Executive Committee shall take into consideration the reports on the course of study, facilities for teaching and examinations submitted by Inspectors and shall thereupon prepare a report (or consideration and approval of the Council, Minutes of meetings ‘A copy ofthe minutes ofeach meeting shall be drafted by the Secretary to be submitted to the President within ten days of the meeting for his counter signature upon which thy shall be sent to exch member of the Executive Committee within twenty days of the meeting. In case no corrections/suggestions are received from the members within fifteen days of the date of despatch by the Secretary, the decision recorded therein shall be given effect to, The minutes shall be sent to the members of the Council after confirmation by the Executive Committee at its next meeting: Provi before the expiry of the said period of fifteen days mentioned above. in of the Executive committee (ed that the President may, iffnecessary, divect that action taken on a deci ‘The functions of the Executive Committee shall, besides any particular matter that may be referred to it by the Council or by the President, comprise:~ (1) examining and reporting on, for the consideration of Council, any propesal for recognition of a new qualification; 2) examining and reporting on, forthe consideration of Council, any proposal for recognition ofa qualification which the Council or the Government, may ask for allied-medical and pata-medical members, regardi for opinion of the Council; (6) examining and reporting regarding which the opinion of the Council may be asked for by the Govemmer m, for the consideration of the Couneil, any question of withdrawal of recognition, (4) examining and reporting on, for the consideration of the Council, any appeal against the order of the Registrar rejecting an application far registration; (8) enquiring into and reporting on, for the consideration of the Council, all cases of removal from the register and all cases of restoration to the register. 8. Duties, Obligation, Power and Function of the Council ‘The rules for duties, obligation, power and function of the Council under Section 70 subsection (2) of the Act shall be as follows: Gi) to register and regulate the profession and practice of the Allied Medical and Para Medical professionals under sections 50, 51, 52, 53, 54 and 56 of the Act; Gi) to ensure discipline among registered Allied Medical and Para Medical professionals under sections 6 63, 64 and 65 of the Act: (ii) to unearth unethical snd illegal practices by the registered Allied Medical and Para Medical professionals under section 63 sub-section (3) of the Act Gv) 10 ensure that West Bengal Allied Medical and Para Medical Couneil Act, 2015 is implemented in the tue spirit as per sections 71 and 72 of the Act6 ‘THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 [Pearl () 10 mointain the standard of education of Allied Medical and Para Medical courses under sections 32, 34, 36, 38, 39, 40, 41, 42, 53, 44.45, 46, 47, 48 and 49 of he Act; (Wi) 10 conduct election of the council under section 5 of the Act. 9. Recognition of Qualification (1). For the purpose of sub-seetion (1) of section 42, read with 43 and 44 the selection procedure will be as per the nomns under seetion 35 of the Act. (2) the subjectis not included in the Second or Third Schedule ofthe Act then aspecific sub-committee consist ‘of experts in that field, will be constituted for thet subject ane recognition will be given as per standards set by them 10, Procedure to obtain the permission or approval Under Subsection (2) of Section 35 (Form I enclosed) SCHEME FOR OBTAINING PERMISSION OF THE STATE GOVERNMENT TO ESTABLISH A TRACHING INSTITUTE, Allapplications under this scheme shall be submitted to the Secretary to the Government of West Bengal, Departinent cof Health & Family Welfare, ftom Ist August to 3 ist August (both days inclusive of any year) 1. ELIGIBILITY CRITERIA- The following organizations shall be eligible to apply in Form - 1 for permission to set up Teaching Instiuute:— (1) A State Government/Union territory; (2) A University established under the Act or approved by the University Grants Commision; (3) An autonomous body promoted by State Government by or under a Statute for the purpose of Allied Medical & Para Medical Education; od under the Societies Registration Act, 1860 (21 of 1860) or corresponding Acts in States: or ous or charitable trust registered under the Trust Act, 1882 (2 of 1882) or the Waqf Act, 1995; (6) ‘Companies registered under the Compeny Act, 1956 may also be allowed to open Teeching Institutes. Permission shall be withdrawn if the Institute resort to commercialization, QUALIFYING CRITERIA ~ ‘The eligible persons shall qualify to apply for permission to establish a Teaching Institute ifthe following conditions are fulfilled:— (1). That Technical Education is one of the objectives of the applicant in case the applicant is an autonomous body, registered society, Public religious or charitable trust & companies registered under the Companies! Act (2) That Essentiality Certificate in Form ~2 regarding No objection of the State Government for the establishment of the proposed Teaching Institute at the proposed site and availability of adequate clinical material as per the Council regulations, have been obtained by the person from the concerned State Government. (3) That Consent of affiliation in Form -3 for the proposed ‘Teaching Institute has been obtained by the applicant from a University established under an Act or approved by the University Grant Commission, (4) That the person owns and manages a hospital or hes a tie-up with a hospital of not less than 100 beds with necessary infrastructural facilities capable of being developed into Teaching institute. (5) That the person has not admitted students to the proposed Teaching Institute.THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 7 ‘That the person provides two performance tank guarantees fiom @ Scheduled Commercial Bank Yalld for a period of five years, in favour of the West Bengal Allied-medical and Pare-medical Council, for a sum of rupess five lakhs (for admissions in frst 50 seats), and for every increase of fifty seats the Bank Guarantee shall increase by one lakh, for the establishment of the Teaching Institute and its infrastructural facilities: Provided that the above conditions shall not apply to the persons who is ¢ State Govemnment if they give an undertaking to provide finds in their plan budgst regularly tll the requisite facilities are fully provided es per the time bound programme. FORM AND PROCEDURE:— Subject tothe fulfilment of the above eligibility and qualifying criteria, the application to establishment of Teaching Institute in Form-1 shall be submitted by the persen in the following paris, namely:— Part-I Part ay 2 a) Part - IL a @ 8) a 6 a” ® @ (10) 1 of the application shall contain the following particulars about the person, namely Status of the applicant in terms of the eligibility criterias, Basic infrastructural fecilities, managerial and financial capabilities of the applicant (Balance Sheets fur the last three years in case the person is nota State Government). Nevessery certificates/idocuments as prescribed in qualifying criteria under paragraph 2. Name and address of the Teaching Institutes Site characteristics and availability of external linkages ~ (a) topography. (b) plot size. (c) permissible floor space index (d) ground coverage (e) building height (f) road avcess (g) availability of public transpoxt (h) electric supply (i) sewage connection and (k) communication facilities, (I) water supply. Educational programme (a) proposed annual intake of studerts (b) admission criteria (c) method of admission (@) reservetion/preferential allocation of seats (e) department wise and year wise curriculum of studies. Functional programme (a) department wise and service wise functional requirements, and (b) area distribution and room wise seating capability Equipment programme —Room wise list of (a) medical (b) scientific, (c) allied equipments, complete with year schedule of quantities and specifications. Manpower programme — Department wise and year wise requirements of (a) teaching steff (full time), (b) technical staff, (c) administrative staff, (d) ancillary staff (e) salary structure, (f) recruitment procedure and (2) recruitment calendar. Building programme — Building wise built up area of a) the Teaching institute, (b) faculty and staf housing, (c)steffand students’ hostels, (d) administrative office, (e) library, (1) auditorium, (g) cultural and recreational Contre Planning and lay out — (a) master plan of the Teaching Institute. (b) layout plans sections, and (¢) elevations and floor-wise area calculations of the Teaching Institute. Phasing and scheduling ~ Month-wise schedule of activities indicating (a) commencement and completion of building design, (b) local body approvals (c} civil construction, (d) provision of engineering services and equipment, (@) recruitment of staffand (f) phasing of commissioning Project cost —(a) capital cost of land, (b) buildings, (¢) plart end machinery, (d) medical scientific and allied equipment, (6) famine and fixtures and (A) prTHE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 [Past ab 2) (3) aay Part-II wo Means of financing the projeet—(a) contribution of the applicant (b) grants (c) donations. (@) equity, (e) term loans, and (f) other sources, if any. Revenue assumptions — (a) {ee structure and (b) estimated annual revenue from so Expenditure assumptions (a) Operating expeases and (b) Depreciation. Operative results ~ (2) income statement (b) cash Mow statement, and (c) projected balance sheets, Name and address of the existing Teaching Institue Details of the existing Teaching Institute including: (a) Uuilt-up area, (b) clinical and paractinival disciplines (as per requirement) either affiliated or ownership, (c) out patients depariments and out patients department either affiliated or ownership. (dl) architectural and lay-out plans, (2) list of medicaVallied equipments, (4) capacity and configuration of engineering serviees, (g) administrative services and (h) other ancillary: and support services (i) eategory-wise staff strength. UPGRADATION AND EXPANSION PROGRAMME: 8) w ) ” @) 9) (10) ay «ay a) ay Details about the additional land for expansion of the existing hospital: (a}land particular, (b) distance fiom the proposed Teaching Institute, (c) plot size (4) authorized lund usage, (€) geography (1) soil conditions, (g) road access, (h) availability of public transport, (electric supply, j) water supply, (k} sewage connection and (1) communication facilites. Upgraded Teaching programme: Year wise details of the additional Allied Medicel & Para Medical diseiplines envisaged under the expansion scheme: Upgraded functional programme : (a) specialty-wise and service-wise functional requirements, (b) area distribution and, (¢) specialty-wise bed distribation; Building Expansion programme : Year wise additional built-up area to be provided for (a) the hospital, (b) staff housing, (c) staff, students hostels and (d) other ancillary building Planning and layout: Upgraded master plan of the hospital complex along with (2) layout plan (b) seetions, (0) elevations, (d) floor wise area calculations of the hospital and (e) ancillary building; Details about upgradation or addition in the eapacity and configuration of engineering services and hospital services; Equipment programme : Upgraded room wise list of (a) medical and all {qualities and (©) specifications; «d equipment, (b) schedule of Upgraded manpower programme = category wise distribution of (a) medical staff, (b) para-medical staff and (c) other staff; Phasing and scheduling of the expansion of scheme: Month-wise schedule of activities indicating (a) ‘commencement and completion of building design, (b) local body approvals, (¢) civil construction, (d) provi- sion ofengineering atid hospital services, (¢) provision of medical and allied equipment and (f) recruitment of staff, Project cost of the expansion scheme: Cost of additional (a) land, (b) building, (c) medical and allied equipments, (d) furniture and fixture and (e) preliminary and pre-operative expenses, (f) engineering, services, (g) hospital services; Means of finanicing the projects : (a) contribution of the applicant, (U) grants, (c) donations, (d) equity, (e) terms loans and (A) ather= sources, (if any): Revenue assumptions : Income from various (a) procedures and services, (b) upgraded service loads and (c) other sources;Par I] THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018. 5 (15) Expenditure assumptions : (a) operating expenses, (b) financial expenses and (c) depreciation; (16) Operating results: (a) income statements, (b) cash flow statements and (c) balance sheets, 4. APPLICA (10 The application shall be submitted by registered post only to the Secretary (Health), Department of Health and Family Welfare Government, of West Bengal along with all necessary documents stated in the rules. REGISTRATIO! Applications referred by the Department of Health & Family Welfare to the Council will be registered in the Couneil for eveluation and recommendation Registration of the application will only signify the aecepranee of the application for evaluation, Incomplete applications will not be registered and will be returned to the Depart. ment of Health & Family Wel fare sloag with enclosures stating the deficiencies in such applications. The Council shall register such incomplete applications, if so directed by the State Government for evaluation but shall submit tual report in respect of them and shall not make any recommendations. 6. Evaluation by the West Bengal Allicd-medical and Para-medical Council: The Couneil will evaluate the application in the first instance in terms of the desirability and prime ficie feasibility of setting up the teaching institute at the proposed location. Therefore, it shall assess the capability of the applicant to provide the necessary sources and infrastructure for the scheme. While evaluating the applications, the Ceuneil may seek further information, cletification or additional documents from the applicant as considered necessary and shall carry out physical inspection to verify’ the information supplied by the appli 7. Report of the West Bengal Allied-medieal and Para-medical Cot (a) After examining the application and after conducting necessary physical inspections, the West Bengal Allied medical and Para-medical Council shall send to the State Government a factual report staung ~ (1) That the applicant fulfils the eligibility and qualifying criteria; (2) ‘That the person has a feasible and tine bound programme to set up the proposed ‘Teaching Institute along with required infrastructural facilities including adequate hostels facilities separate for boys and girls, and as prescribed by the Council, commensurate with the proposed intake of students, so as to complete the teaching institure within 2 period of four years from the date of grant of permission; (3) That the person has feesible and time bound expansion programme to provide additional beds and infrastructural facilities, as prescribed by the West Bengal Allied-medical and Para-medical Council, by way of upgradation of the existing Institute or by way of establ facilities for starting 1" year course; iment of new Institute has adequate (4) That the person has the necessary managerial and financial capabilities to establish and maintain the proposed teaching institute and its ancillary facilities including a teaching hospital; (5) ‘That the applicant has a feasible and time bound programme for recruitment of faculty and staff as per prescribed norms of the Council and that the necessary posts stand created: (6) That the applicant has appointed staff for the 1 year as per West Bengal Allied-medical and Paca- medical Council norms; (7) ‘That the applicant has not admitted any students: (8) Deficiencies, if eny, in the infrastructure or faculty shall be pointed out indicating whether these are remediable or not. (b)_ The reconimendation of the Council whether Letter of Intent should be issued and if so, the number of seats pot academic year should also be recommended, The Council shall recommend a time bound programme for the establishment of recommendation will aso include @ clear cut statement of preliminary requirements to beTHE KOLKATA GAZETTE. :XTRAORDINARY, JULY 25,2018 [Paert m. 12. © @ met in respect of building, infrastructural facilities, medical and allied equipments, faculty and staff before admitting the first batch of students, The recommendation will also define annual targets to be achieved by the person to commensurate with the intake of students during the following years. Where the Council recommends for not issuing of Letter of Intent, (3) _ it shall furnish to the State Government its reasons for not granting the State Government permission: and i The recommendation of the Couneil shall be in Formed. Documents/facts on the basis of which the Council recommends the disepproval of the scheme. Grant of Permission a Standards and Authoris: o @ @ ) ‘The State Government on the recommendation of the Council may issue « Letter of intent to set up # new “Teaching Institute with such conditions or modifications in the original proposal «s may be considered necessary. This letter of intent will also include a clear cut statement of preliminary requirements to be met in respact of building, infrastructural facilities, medical and allied equipments, faculty and staff before admitting the first batch of students, The formal permission may be granted after the above conditions and modifications are accepted and the performance bank guarantees for the required sums are furnished by the person and alter consulting the West Bengal Allied-medical and Para-medical Council. Any person intending to commence, keep or carry on a Teaching institute, submit an application of the scheme to the Council as per section 38 of the Act. After considering all the rele’ nt aspects mentioned in the application, with causing an inspection and cenguity, the Council, if satisfied, may approve and issue a new permission or renewal in statutory Form) mentioning the period of validity and other particulars within 00 (Ninety) days from the date of receipt of such application, The Teaching institute offering teaching facilities in more than one category may be clessifled as ‘multi-purpose Teaching institute need not apply for separate permission far each type of category hut shall have (© submit application clearly mentioning those teaching facilities to obtain @ composite permission against a composite fee Any Teaching institute with existing valid permission intending to change or bring out any changes in name (ownership), address (place of institute) or any other particulars mentioned in the permission, has to obtain a new permission by submitting an application thereof along with the requisite fee and duplicate copy of the existing permission After considering all the relevant aspects of the desired modifications or deletion or changes mentioned in the application, the Couneil, if satisfied, may approve and issue a new permission incorporating such changes in registration within 90 (Ninety) days from the date of receipt of such application, Name of the Teaching institute, (i) Noperson shall use, or continue to use any name for the purpose of commencing, keeping or carryit that Teaching institute or display and advertise thereof without the prior registration of that Teaching, institute with such name under sub-rule 2 time being in force), . (notwithstanding anything contained in any law for the Gi) The Council shall allow the Teaching institute to be registered in the neme of that Teaching institute subject to fulfilment of the following terms and conditions:~ (@) such name should not be identical with or too nearly resembling with Name of a ‘Teaching institute already registered with the Council‘THE KOLKATA GAZETTE, EXTRAORDINARY, IULY 25, 2018 n (b)__ such name is not containin institute has got prior approval and submitted evidence thereot along with the application; the word “RESEARCH” or any ofits variation unless that Teaching, (©) such name is not stating, suggesting, or implying a false or misleading claim; (d)__sueh is not resembling the name of a ‘Teaching institute run by the Public sector agencies; (©) such name is not an improper or undesirable name as determined by the Council; and (f) any other terms and conditions as may be notified. (iii) Teaching institute shall submit applicetion to change such name(s) without any delay. (iv) The Teaching institute shall ensure that the name is not confusing or misleading. (1) Accommodation Standard, @ Gi) co) © Gi) The ‘Teeching institute shall provide such infrastructure which shall be reasonably adequate and suitable enough to render the teaching facilities off comply with the minimum standards as may'be specified by the Sub-committee for those disciplines es mentioned in schedule I and II of the Act cd by that type of Teaching institute. The Teaching institute shall The Teaching institute shall be loceted al a svitable place as may be specified by the Sub-committee for those disciplines as mentioned in schedule | and II of the Act and shall not render any service at a place other than a place registered with the Council The Teaching institute shall take necessary precaution so guarding that the building or premises of Teaching, institute is not being used for any purpose other than those it is permitted and the Teaching institute shall not allow the use of the building, premises or equipment by a person who is not an employee or staff of that Institution and shell not allow any unwanted person to stay there. Any person intending to commence, keep or carry on 4 Teaching institute shall have to submit the requisite document(s) along with the application under rule 10. ‘The Teaching institute shall ensure that such Institute is accommodated in a building having approved plan duly certified by the focal Authority concemed and if such plan is approved for residential purpose. it is converted accordingly with approval of that local Authority Provided that, under any circumstances, the premises of the Teaching institute should be separated from rooms or spaces for private uses or other commercial uses i.e. there should be no free access. Provided further that the establishment shall be a composite unit ie. there should be no public thoroughfare ‘within the premises of the establishment Any petson intending 10 commence, keep or carry on & Teaching institute shall have to submit the following document(s) along with the application under rule 10, in relation to the building ané premises where that establishment is accommodated: (a) Copy plan tor construction or modification approved by the Local Authority: (b) Copy of building completion certificate issued by the Appropriate Authority; (©) Sketch map showing detailed position and floor measurement of the different facilites: (a) The training institute should have a valid permission’ document of rent receipt’ lease agreement if the premises are not owned by Training Institute. If ewned valid documents will have to be submitt (e) [the Institute wants to conduct elinieal taining ss per requirement of the syllabus in its own f ty then the facility should have & valid Clinical Establishment License as per the requirements of the West Bengal Clinical Establishment (Registration, Regulation and Transpareney) Act 2017. cility or other fact2 THE KOLKATA GAZETTE, £2 RAORDINARY, JULY 25, 2018 [Pane (f) Clearance of Fire $ safety from the Departments (g) Clearance from Pollution Control Board wherever applicable and; (h) any such documents as may be notified. (8) Manpower Norm (1) The Teaching institute shall provide sich manpower which is reasonably adequate as per norms to be notified by the Council as may be specified by the sub-committee to render the Teaching facilities offered by that ype of Teaching institute 2) Toensure the availability of staff as per norm, the Teaching institute shall generate and maintain the followin, registers as a part of mandatory record keepin; (a) an up-to-date Staff Register containing particulars like names, designation, present and permanent addresses, qualification(s), date of engagement etc. and tenure of engagement of all staff of the Teach- ing facilities, or and such particulars as may be notified; and (b)_ an up-to-date Attendance Register in which attendance of all staff of the Teaching Institute are to be recorded with their signature daily. (3) The Council may consider any bio-metrie or electronic attendance system, (4) (a) Any Guest Faculty’ Consultant whose name has not been entered in clause (ji) of sub-rule (8) may be allowed as deemed fit by the management as per the Standards set by the sub-committee. Subject to the requirements, the Teaching institute may engage part-time staff: Provided that before any such engagement, the Teaching institute shall obtain a self declaration from the applicant and to that effect from the present employer of the incumbent (0) Free scholarships (1) the Teaching institute which have received land or other facilities from the Government during initiation and in course of continuance of their projects shall be responsible to provide free teaching facility to 20% of the applications depending on their financial status, (2) Over and above these schemes: (i) the Teaching institute shall have the right to provide for such concession or free facilities to any such deserving candidate as it deems appropriate under any ‘corporate social responsibility” Explanation I: “privilege” shall include but not limited to (a) full or partial exemption of any tax, duty or fees levied by the Government, or any local body r any such Authority: (b) procurement of any land, property, equipment or medical supply at a concession rate or free of cost or (c) any kind of gift or donation Explanation Il: ‘Deserving candidate’ shall include Indigent person or any other deserving candidate as per the ‘merit list and financial criteria as may be notified by the Council (ii) The Teaching institute shall display and publish the mechanism to avail such concession oF free facilities in the mandatory display and information brochure under clause-B, rule 13 for the benefit of all service-recipients, (3) not otherwise mentioned specifically inthe agreement, the term ‘concession or free teaching facilities” shall include full or partial exemption of all fees, (4) Depending uponthe terms and conditions of the agreement the deserving candidate wanting to avail such free education and concession may direesly approach the Couneil or the agreed party which in turn will refer such deserving candidate to the Teaching institute and it shall be the duty and obligation of the Teaching institute to honor such referralPaar t ‘THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018, 3 (5) The Teaching institute shall generate and maintain such records and a register of those students and shall submit a quarterly report thereof in such form containing such particulars in such manner as may be notified to the Couneil as a part of mandatory reporting under the (6)_ In the interest of public service, the licensing authority shall have the power to supervise and monitor the availability and performance of such concession or free treatment facilities mentioned in the agreement 13. Responsibilities, Obligation and Rights of the recognised Institutes A. Sanitation, Hygiene, Safety and Security. (1). The Teaching institute shall exercise reasonable care and take all neces sanitary, hygienic, safety and Security to all staff and students. ry measures to ensure adequate (2) No new permission or renewal shall be granted unless the applicant has obtained a valid certificate of enlistment issued by the local authority and submitied a copy of such along with the application, Explanation. “certificate of enlistment”: means a certificate of enlistment by whatsoever name called issued by the author fat, Notified Area Authority, of the local self govemment like Municipal Corporation, Municipality, Paneh Industrial Township Authority, as the case may be. (3) In order to ensure the safety and security, the Teaching institute shall either obtain the authorization/ license / No Objection Certificate under the West Bengal Fire and Emergency Service Act, 1950 and on/ No Objection Certificate along with the application for new teaching Institute permission/renewal thereof or shall submit a sel#-declaration in the form ofan affidavit as a patt of statutory Form [along with the application that she shall abide by the provisions of such Act, all submit a copy of such auchorization’permiss (4). Inorder to ensure the sanitation and hygiene, the Teaching Institute shall either obtain the authorization’ license { No Objection Certificate fom Pollution Control Board in case the Institution is conducting such 2 course where No Objection Certificate from Pollution Control Board is necessary, and shall submita copy of such along with the application for new T aching institute permission’ renewal thereof cor shall submita copy’ of application already’ submitted to obtain such authorization Ticense / No Objection Certificate (5) In order to ensure the safety and secur! the Teaching institute or its efilliated training centre shall obtain the authorizationilicense / No Objection Certificate (NOC) under the Atomis Energy Act, 1962 (83 of 1962) and the Atomic Energy (Radiation Protection) Rules, 2004, if applicable and shall subrait acopy of such authorization‘license / No Odjection Certif institute permission or /renewal thereod, we along with the application for new Teaching (6) The Teaching Institute shall take such necessary measure for handling and disposal of general waste as per the provision of relevant Acts and rules of the local self goverument and obtain permission as such. }) The Teaching institute shall provide Barrier free access environment for easy access to non-semi-ambulant and visually disabled persons as per “Guidelines and Space Standards for barrier-free built environment for Disabled and Elderly Persons” of Central Public Works Department! Ministry of Social Welfare, Government of India if there is no restriction for admission of such type of students. (8) inorder to ensure such atmosphere and environment in the premises of the Teaching institute and formulate regulation or SOP thereof. B. Mandatory Display. (1) At reception area and other suitable place(s) including public domain, the Teaching institute shall make available an Information Brochure containing appropriate, adequate and comprehensive information including information contained in the display board and such cther additional information which are tao lengthily to display in the boardD, 14, THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 [Pawe t Explenation, Por the purpose of this rule ‘other suitable place including public domain’ shall include the website maintained by the Teaching institute if any. (2) The Teaching institute shall submit a copy of Information Brochure to te Couneil along with the application foe grant or renewal of permission. (3) Besides having information display boards, the Teaching institute shall have adequate signage system consisting of colour coded guidelines and signages i symbols eto. at strategic points in the establishment for guidance oF the service recipient, service-providers and public. \dicating access to various facilities, public utilities, exits including ‘emergency exits, signages of bio-safet Mandatory Reporting. (1) The Teaching institute shall exercise reasonable care and take all necessary meesures including generation, in Section 47 or mentioned under different provisions of the Act and rules or any such reports and retums as may be notified in order to censure proper patient care, legal formalities including number of students admitted, rate of pass outs, facilities available, ote. ‘maintenance and submission of such mandatory reports and returns as speci Provided that, the Teaching institute shall, as scon es possible, generate and submit to the Council such other reports. as may be demanded by the Council pertaining to Institute. 2) Unless mentioned othenvise, Authentication of reports may be done by affixing a written signature, or a digital signature with identifiable initials or computer key along with date and time. (3) The Teaching, of such report mentioned in sub-rule (6) and shall submit a copy of such acknowledai sstitute shall obtain e written or computer generated acknowledgement regarding submission ement along with the application for renewal of permission under rule 17. Mandatory Records, (1) The Teaching institute shall maintain 9 record of — (i) all faculties and support staif slong with their academic qualifications: (i) all students along with their eligibility certificate and documents submitted thereofalong with the mame of scrutinize: Gi) the record of passed out students in detail along with their mailing \idress and contact number; (iv) inventory of all equipment along with their maintenance contract and safety certificates (where needed); (x) other mandatory records needed for running an establishment (2). Failure to have the requisite equipment in working order and non-aveilabilty of competent staff within reasonable time while providing the facility for tetining shall be treated as a major deficiency ©) The Teachi students should have a tie-up with a Hospital in case of any emergency stitute shall hove adequate First aid facility and in case of Institutes having more than 100 Education, Research, Training and Public Health (1) No Teaching institute shall conduct any training or educational course or any other capaciiy building programme to confer, grant of issue any such degree, diploma, license, or any such certificate of qualification shall conduet any’ research without obtaining prior approval in the form of a’no ebjection certificate’ From the Couneil in respect thereof Provided that. the Te aching institute may conduct any in-service training or educational programme oF eny other capacity building programme for upgradation of knowledge and skill of its staff: especially in cases) of introduc tion of new service(s). technique(s) or equipment by that Teaching institutePoet t} THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25,2018 Explanation, centificate of qualification’ tmeans any certificate stating or implying that the holder, grantee or tecipi= cent thereof is qualified to provide any kind of professional service (2) To obtain such ‘no objection certificate’ as mentioned under sub-rule (1), the Teaching institute shall submit such application to the Couneil containing, such particulars aecompanied by such supporting documents and such fee as may be notified. (3) The State Government may, by notification, designate the Director of Medical Education (by whatever name called) or any cther off er subordinate to him as the State Prescribing Authority for Medical Education Training and Research and may lay down the principles and procedure of approval under sub-rule (1) from \whom the Council may seek approval (4) Subject to fallilment of such terms and conditions, after conducting any inspection and/or enquiry in such a ‘manner deemed fit, the State Preseribi ‘thority, if satisfied may either refuse such application by issuance of a written order thereof oF grant such application by issuance of a'No Objection Certificate’ in such form containing such particulars as may be notified. (5) For the purpose of issuance of such No Objection Certificate (NOC) es mentioned in sub-rule (4), the State Prescribing Authority shall maintain such register in such form containing sich particule in such manner as may be notified (6) Before refusing any application as mentioned the Teachin heard and ayy Teaching institute aggrieved by such order of refusal may prefer an appeal to the Appellate Authority in such a mani tute shall be given an opportunity of bein as mentioned under rule 22. (7) shall not conduct any training or educational course or any other capacity building programme to eonk giant or issue any such degree, diploma, license, or any such certificate of qualification shall conduct any research without obtaining prior approval in the form ofa ‘no objection certifi ribing Authority in respect thereof through the Council: sate! from the State Pres Provided that, the Teaching institute may conduet any in-service taining or educational programme or any other capacity building programme for upgradation of knowledge and skill of its staff: espe tion of new service(s) techniques) or equipment by ther Teaching institut. ally in case(s) of introdue- planation, ‘certificate of qualification’ means any certificate statin thereof is qualified to provide any kind of professional service. or implying that the holdes, grantee or recipient sion 15. Validity and Renewal of perm (1) Unless suspended or cancelled lier or otherwise mentioned, the permission granted shall ordinarily be valid and subsisting, fora period of | (ons) year from the date on which itis granted: Provided that, the Couneil may grant @ permission with a valigity period upto 3 (three) y ‘opted by the applicant in application made under these rules subject to advance remittance of stipulated permission fee applicable for the period and compliance with all terms and conditions of licensing. ears if applied for and (2) The permission being non-transferable, in case af sudden ceath of the authorized person, which shall be conveyed to the Council iminediately, the permission shall remain valid until the expiry of = (a) _ the period of three months beginning with his/her death; or (b) such longer period as the Council may allow. (3) Any application for the renewal of registration or permission granted under these rules stall be submitted in statutory Form | along with the existing duplicate permission, not later than 30 days prior to the expiry date indicated in the permission: at present on line Provided that, in case of the last date of submitting an application is a gezetted holiday. the application shall be submitted on the immediate next working day16. @® 6) oO a) o Appl o @ THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25,2018 [Paw In case the application for renewal is submitted beyond the petiod mentioned under sub-rule (3) above but before the expiry date, such application shall be accompanied by stipulated permission fee along with a late fee. The application for renewal is submitted after expiry date, stich application amounting to ten percent of the permission fee for each day of delay of submission of application, shall be accompenied with: In case of farther delay, late fee mentioned under sub-rule (4)and an additional fee amounting.to forty percent ‘of the permission fee for each day of delay of submission of application from the date of expiry of the validity of the permission. ‘The existing permission shall continue to be in force till such time that the orers are passed. In case the renewal of permission is issued after the date of expiry of the existing permission, the intervening period between che date of expiry and issuance shall be considered as a period of irregular keepin subsequently regularized and as such as deemed fit by the Couneil shall be recorded in orcarying ona Teaching Insti he renew «d petmission in Formed. For the purpose of consideration of application mede under sub-rule (3) and (4). the Government may notify ‘other terms and conditions from time to time, All communication to be made electronically and shall not require digital signature of licensing authority / pplicant till further notification, ‘ion and Accompanied evidence Yo obtain the permission or renewal thereof, any person, who intends to commence, keep or carry on a juthority Training institue, has to submit an application in statutory Fou! wo the respective leis Unless mentior requirements of minimum standards slong with t ed otherwise, the following documents are to be submitted as evidence of having met the pplication made uniler sub-rule (1):= (a) copy of the current rent receipt. rent agreement / registered lease deed, consent letter issued by the owner ete. as mentioned under these rules (©) copy of plan for construction or modification, approved by the Appropriate Authority (©) copy of building completion cent xe, issued by the Appropriate Authority. (@) sketch map showing detailed position and floor measurement of the diferent facilities; (©) copy of No ebjeciion certificate’ from the Govemment iegarding government employee acting as fheulty, however no such permission will be necessary if'e Government servant is invited asa "Guest Lecturer" subject to permission from the local authority under clause fi, sub-rule 8 of rule 12 (f) copies of Dilfer letters & Acceptance letters of the appointees: of contificates of Registration and certifi fg) cop Xe of qualification all Faculty and support staff: th) copy of agreement related 10 concession or roe teaching facilities as mentioned under these rules: fi) copy of certificate of enlistment issued by Local body: i) copies of authorizarion/permission’ No Objection Certificate or 2 selfedeclaration in the form of an affidavit in relation to compliance of different Acts and rules; () Copy of Information Brochure: () copy of acknowledgement of reports in case of new application and renewals {m) copy of the Regulation/ Standard Operating Procedure (SOP) of the Teaching instiute, i any {a} duplicate permission in ease of application for renewal: ding [a] copy of (e-trarsfer of fee) re osit of permission feePage I) 7. Processing of Applicat ay THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25,2018 W (p)__ copy of The tex receipt [property tax] from the Local body: (q) copy of Memorandum/Aricles of Association Partnership deed, Self declaration in case of Collective proprietorship or company or organization; (©) any other additional document mentioned elsewhere in the Act or ruless (3) copy of Fire License if anys (1) any such other document as may be notified, ‘The applicant shall submit a self-declaration as per statutory Form-I in the foom of an Affidavit on requisite stamp paper sworn in before the Notary Public by him to the licensing authority All the supporting documents along with the application form properly filled in respect of all particulars under @ cover letter/forwardin letter to the Council shall be submitted in any effective manner and the ‘Teaching Institute shall ensure that the Couneil always has up-to-date information on their establishments and it shall convey aay changes in the particulars already submitted in the application form forthwith, Copy of decuinents mentioned inthis rule mounsse-attestd original or self-attested photocopy digital copy of such original documents For obtaining a duplicate copy of permission, shall submit an application in statutory Form-t to the Council accompanied by the supporting decument(s) in favour of loss, destruction mutilation or damagealong with an application processing fee amounting one percent of the stipulated permission fee mentioned in rule 21 ‘The Couneil shall supervise th he pracessing of application and conduction of inspection‘enquiry in such & manner so as to pass an order either granting o refusing such application within 90 (ninety) days of receiving such application On the receipt of an application, the Licensing Authority. or any person in office authorized in this behalf, shall, acknowledge such receipt of the application for registration, in the acknowledgment slip in steturory Teaching Institute Form-1Y either issued by hinvher or generated automatically by the computer. Such acknowledgment slip shall bear @ unigue A pplication ID umber to each application that can be referred to for all future correspondence betiveen the Licensing Authority and the applicant or for any other official purposes. At present such receipt of application shall be on the Formet as per West B Service Act 2013. al Right to Public ‘The Council may generate ard maintain an Applicetion register in such form es may be notified to reeord the relevant information regarding application submitted to him, Within a peried of 15 (fifteen) days after issuance of acknowledgement, the Licensing Authority shall a the task of further processing the application includ inspection andicr inquiry (o the Supervisory Authority If, upon serutiny of the application and inspection within 15 (fifteen) days from the date of receipt of the application, the concemed Supervisory Authority requires any additional information. explanation or supporting document in respect with the application, the Supervisory Authority shall issue an order in writing on the applicant to furnish such additional information, explanation, or supporting document within 30 (thirty) days trom such order In case the applicant fails to fumish such required information within the stipulated time period of 30 (thirty) days, the Supervisory Authority shall submit her inspection report to the Licensing Authority for recommend ing the rejection of such application.18, THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 25, 2018 [Powe 1 (8) Within a period of 30 (thirty) days from receipt of a complete application. the Supervisory Authority shall conduct necessary inspection andor inquiry ina manner mentioned under cule 18 and may issue an improvement notice on behalf of the Licensing Authority to the applicant, if she deems fit, guiding the applicant on neces~ sary steps t@ be taken or changes or alteration to be made in order to ensure the fulfillment of terms and conditions of licensing, (9) The applicant shell carry out the required steps, changes or alterations and intimate the Supervisory Authority within 30 (thirty) days or such period as may be allowed by the Supervisory Authority (10) Incase the applicant fails to carry ou such sieps and intimate the Supervisory Authority within the stipulated shal] submit her inspection report to the Licensing Authority for recommending the rejection of such application time mentioned in that Improvement notice, the Sugervisory Authority (11) Within a period of 30 (thirty) days from receipt of 2 complete inspection report along with recommendation, from the Supervisory Authority the Council shall examine and consider the recommendation and shall either (a) pass an order (br further inspection or inquiry by another supervisory authority with intimation to the applicant; (b) pass an order for grant of recommendation for permission in: (c)__pass.an order for refusal of permission Provided that, before refusing permission an applicant shall be given an opportunity of being heard by the Council and the reasons for such refusal shall be recorded in writing, (12) The council shall send the copy of order of graat or refusal to the ap ner as he! she denis fit for the purpose, sant in aay effective Inspection and Inqui (2) The Couneil as soon as possible after receiving an application shall order an inspection and/or inquiry in respect of any Teaching institute in order to satisfy himself hefore granting or rejecting an application for new permission or renewal thereof (2) The Council, as often as may be necessary, shall orderan inspection andor inquiry in respect of any Teaching s being kept or carried on in institute at periodic intervals routinely to satisfy him that the Texching institute accordance with terms and conditions of the permission. (3) The Council, as soon as possible after reasonably being satisfied, shall order an inspection and/or inquiry in respect ofany Teaching institute to verify the material facts and statement made in the complaint upon recelving such a written specific complaint regarding any violation of the rules or any other relevant complaint Provided that, the reason(s) for such inspection shall be recorded in writing in such order (4) The Council is reasonably satisfied that there is a possibility that (a) such Teaching institute is being kept or carried on without a valid permission or () an imminent danger to the safety and security of general public or (c)__ stich Teaching institute is not complying with any provision of this ActRules: Provided that, the reason(s) for such inspection shall he recorded in writing in such order, (5) For the purpose of inspection and inquiry as per sub-rule (1) 10 (4). the Council, by issuing a general or specific Authorization Notice. shall constitute a Supervisory Authority consisting of one or more members of Government servant lieaced by a Government officer Provided that, the Council members of different specialties or systems of Allie shall be included as member(s) depending upon the circumstances. medical and pare-medical disciplinesPast I} THE KOLKATA GAZEUTE, EXTRAORDINARY, JULY 25, 2018 19 © a 8) oO ‘The Authorization Notice under sub-rule (5) may impose reascnable restrictions on the powers of the Supervisory Authority and shall remain in foree (@)_ until itis executed; or (0) untilitis cancelled by the person who i or sued it or, Psuieh person is not available, by any person with like author (e) until he expiry of tree montis (rum the day of its issue; oF the purpose for the issuing of the Authoriza- tion Notice has lapsed, whichever occurs first ‘The Supervisory Authority, at any reasonable time, with such assistance as he/she reasonably requite, shall center the promises of a Teach’ institute as per rule 18 and me (a) _ inspect the premises of the Teaching institute or any part of it (b) inspect any register, app: in the Teaching institute; watus, appliance, equipment, instrument. product, goods or item used or found. (c) observe and examine any aetivicy, operation process or procedure being carried out at the Teaching, insticutes (d) require the owner or any member of staff of the Teaching institute to take r documents; ssonable steps te produce (e) inspect, make copies of or tuke extracts from any document, records, registers: (require the owner or any member of staff ofthe Teaching institute to authenticate such copies and make such copies available 0 the Supervisory Autity at free of cost While conducting such enguiry, the Supervisory Authority shall enter the premises ofa Teaching institute as per rule 18 and may— (a) ask relevant questions and take on the spot or otherwise the statement of any person as she deems necessary: and (b) require the owner or any memiber of staff of the Training Institute to answer a question to the best ofthat person's knowledge, information and belief While conducting such inspeetion or inquiry, a member of Supervisory Authority (a) shall take uimosi care not 10 disturb or interte with the service(s) being provided: (b) shall exercise power vested upen bi this Act: and im by the Act and rules reasonably Zor carrying out the purposes of (10) Inquiry Report, Improvement Notice, Suspension, Cancellation, Prohibition orders— (i) The Supervisory Authority, on completion of inspection and enquiry, shall record the salient points of his abservation and recommendation(s) to the Teaching institute detailing the specific deficiencies to be corrected, if any, in the inspection book (register), (ii) Asa partofmandatory ecard keeping, the Teaching Institute shall generate and meintain such inspection book (register) in such a manner as may be notified. (iil) ‘The Supervisory Authority, on completion of inspection and enquiry, shall record her observation of inspection and recommendation(s) 10 the Council in the inspeetionfinguiry report (iv) In the event that the Council is of opinion that there is reasonable ground to believe, on a review of the teport mentioned under sub-rule |. ar any such report of any scheduled or unscheduled inspection made under Rule 18, that such conditions exists warranting the issuance of an improvement notice tor such improvement or may take any nevessury aetion aeeordin mi time to time, to the procedure notified by the Government Couneil th20 THE KOLKATA GAZETTE, EXTRAORDINARY, JULY 5, 2018 [Paxet (W) Under the provision of sub-rule iii, the Council, if it is reasonably satisfied, may issue an order of suspension or cancellation or prohibition and may consider publication of such order in the public domain or (9 any public servant in public interest (vi). Whenever any order or notice is required to be served under any provision of the Act or rules, such order or notice shall be served in accordance with the Civil Procedure Code, 1908, (vii) Whoever, without lawful authority, destray or damage or cause to destroy or damage any order, notice or document given or prepared or kept in accordance with this Act and rales shall be guilty of contravention, information, (viii) The Council may consider such enquiry report or improvement notice or any of the relevai contained therein as a public record and may make those records available in the publie domain artoany public servant in public interest. 19, Collective Proprietorship (1) Depending upon the nature of ownership, the Training institute shall be classified into following mutually exclusive groups: (A) Individual Proprietorship; or (B) Collective proprictorship or company or organization and in case of company, a copy of Memorandum/Articles of Association or Partnership deed or similar docu- ment his to be submitted along with the application, Explanation: Collective proprietorship of company or organization shall be further classified into: (BI) Ri Partnership: (B2) Registered Company; (B3) Corporation registered under a Central. Provincial or State Act (to be specified); (B4) Trost (including Charitable) registered under a Central, Provincial or State Act (to be specified by ‘he applicant); (B3) Organization registered under soeity registration Act or (B6) Any other (Private Sector enterprise (to be specified by the applicant) (2) In case of Teaching Institute havi ownership in the nature of Collective proprietorship or company or organization as mentioned under sub-rule (1), the following additional documents are to be submitied along, with the application form under rule 17: (a) a.copy of Memorandum/Atticles of Association in case of Collective proprietorship or company or organization; or copy of the Partnership deed in case of Partnership Firm; and (b) a copy of resolution regarding nomination mentioned in sub-rule (4). G) in ‘organization is 2 branch of ase of Collective proprietorship or company or organization the applicant has to mention whether such Foreign Service provider or not (4) In order to fix up the responsibility, the application made under rule 17 shall be filled in with the name of a particular individual as an applicant and not with the name of the Teaching Institute and only such applicant shall be registered as the permission of tha 1g Ins jtute as and when the permission is granted Provided that, in ease of a Collective proprietorship or company oF o ganization, the applicant shall be a competent representative of such Company or organization after being nominated through resolution by that Company or organization to act as sueb. Provided further, that, such arrangement shall not absolve the company or any one of its direetor. manager, sect or any other officer of that company from being responsible for the compliance of the provision of the Act or rules, Explanation. ‘Competent representative’ means a nominee who is any one of the owners and shall include a partner. director, 1rustee, seeretary, president or chairman of that partnership firm, company, wust or organization but shall not include an employee of that firm, company, trust or organization, ‘Any change of nomination shall be cons’ Jered as change of ownership and the Company shall intimate to the ‘Council, as and when any such change occurs forthwith.Paert) THE KOLKATA GAZETTE, EXTRAORDIN 21 20. Fees (1) The Training institute shail pay tw The Couneil the requisite amount as may be determined by the Council, to The Couneil elsewhere under the less mentioned otherwise, any fee under the Actand mules shall be pai appropriate receipt Head either direcily or through any such agency or agencies in a manner as may be notified (3) ‘The Council shall keep a record of accounts af the fees so debited and credited, on receipt, by The Council and submit such records to the State Government annually. (4) Ihe fees for permission of Training institute may be exempted or reduced / increased, wholly or partly by issuance of order or notifications by the Government from time to time, CHAPTER VIL Budget and Finance 21. Budget LAs per: Sec, 90 (p) ~ the custody of fund, the payment and withdrawal ofmoney under sub-section (1) of section 66: The funds of the Council shatl be deposited in one or more bank accounts of any nationalized / scheduled banks or in the Government Treesury subject to its deciatation as a Local Fund Account by the State Government and shall be jointly operated, at any time by two of the following functionaries: i) Registrar of the Council, ify Treasurer/ Drawing and Disbursing Officer of the Council iit) Any other member authorized by the Executive Committee As per See, 90 (q) ~ the form and time for preparation of budget of the council under sub-section (2). section 67:— Budget in respect of the financial transactions of the next financial year shall be prepared and laid before the Council stating estimated receipts and payments specifically mentioning the details and nature of ineome and expenditure at par the format of the Budget of State Govt. The budget shall be placed before March of the previous financial year of the corresponding financial year As per See, 96 (r) the form and the manner of maintenance of books of account and manner of audit under section 69:— Statutory Books of Account are to be maintained:— (@) Cash Book (showing Receipts & Payments) forall sums of money receipts and payments shell be maintained. (b) Subsidiary LedgersiRewistears are to he maintained. (©) Other Books of aecount for preparation of annval (Receipts & Payments A/c, Income & Expenditure Ave and Balance Sheet) are also be maintained For audit purpose — an approved Audit Firm shall be appointed as ‘Auditor’ of the Council, The auditor shall have to access to the Books of Account and vouchers of the Council and shall entitle 10 require such information and explanation necessary for performance of the duties as Auditor, The report of the Auditor duly be adopted by the Council. (Chapter VII Miscellancous 22. Printed Copies s for printed copies of register under suip-seetion (4) of Section $9 of the Act, The Council may levy'a charge of Rs, $000/- 0° as deemed fit by the Department for gett centified copy of the