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NURSING COUNCIL ACT, 1947
48 of 1947
31st December, 1947
STATEMENT OF OBJECTS AND REASONS "Provincial Nursing Councils have been established in all Provinces and maintain registers of qualified nurses, health visitors and midwives. Increasing difficulties have been experienced by the nursing profession and by employing authorities owing to the diversity in the standards of preliminary education o( candidates entering training schools of nursing, the varying standards of training and examination for nursing certificates and the lack of inter provincial reciprocity in the registration of nurses. To remedy these difficulties it is proposed to enact legislation for the purpose of setting up an Indian Nursing Council which will prescribe uniform minimum standards of education and training for nurses, midwives and health visitors, supervise examinations, and maintain a schedule of qualifications recognised for registration throughout India. To avoid delay an Ordinance was passed in August 1947 for this purpose. The Ordinance will be repealed by this Act."- Gazette of India, 1947, Part V, page 456. Amending Act 45 of 1957.- "The objects with which this bill seeks to amend the Indian Nursing Council Act, 1947 (48 of 1947), are- (1) to extend the Act to the whole of India except the State of Jammu and Kashmir; (2) to make certain changes in the constitution of the Council as now set out in Section 3of the Act with a view to increase the number of members and in particular- (i) to provide for the election of two members by the heads of institutions having courses of studies leading to a University degree in nursing or a post-certificate course in teaching and administration, instead of one member by the heads of institutions giving training in nursing administration as at present; (ii) to provide that Superintendents of Nursing Services in the States which are for this purpose divided into two groups shall be members ex officio of the Council by rotation. At present four State Directors of Public Health of States to which this Act extends, are made members ex officio by rotation: (iii) to increase the number of members to be elected by Parliament from two to three and to allocate two seats to the Lok Sabha and one seat to the Rajya Sabha: (3) to facilitate the registration of Indian citizen holding foreign qualifications and the temporary registration of foreign nurses who are engaged as nurses or teachers or administrators in hospitals or institutions in India, even though ther are no reciprocal arrangements for the recognition of Indian qualifications with the Nurse Registration Councils in the countries where they were trained or registered: (4) to empower the Central Government to amend the Schedule listing recognised qualifications; (5) to provide for the maintenance of an All India Register of Nurses. Opportunity has also been taken to make a few other amendments of a formal or minor character."-Gazette of India, 1957, Extra., Pt. II, Sec. 2, p. 825.
An Act to constitute an Indian Nursing Council. Whereas it is expedient to constitute an Indian Nursing Council in order to establish a uniform standard of training for nurses, midwives and health visitors; It is hereby enacted as follows :- This Act has been extended to the States merged in the State of Bombay: see Bom, Act 4 of 1950, section 3and Schedule II, Pt. I (30-3-1950). It is now extended to the Union territories of- (1)Dadra and Nagar Haveli, by Regn. 6 of l963; (2) Pondicherry, by Regn. 7 of 1963 (1-10-1963): (3) Goa, Daman and Diu, by Regn. 11 of 1963 (1-2-1965).
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Indian Nursing Council Act, 1947.
(2)1[It extends to the whole of India except the State of Jammu and Kashmir.]
(3) It shall come into force at once.
SECTION 02: INTERPRETATION
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "the Council" means the2[Council] constituted under this Act;
(b) "prescribed" means prescribed by regulations made undersection 16-;'
(c) "3[States] Council" means a Council (by whatever name called) constituted under the law of a3[State] to regulate the registration of nurses, midwives or health visitors in the3[State];
(d) " 3[State] register" means a register of nurses, midwives or health visitors maintained under the law of a3[State].
4 [* * * * * * * *]
SECTION 03: CONSTITUTION AND COMPOSITION OF THE COUNCIL
(1) The Central Government shall, as soon as may be, constitute a Council consisting of the following members, namely:-
(a) one nurse enrolled in a5[State] register elected by each 5[State] Council;
6[(b) two members elected from among themselves by the heads of institutions recognised by the Council for the purpose of this clause in which training is given-
(i) for obtaining a University degree in nursing; or
(ii) in respect of a post-certificate course in the teaching of nursing arid in nursing administration;]
(c) one member elected from among themselves by the heads of institutions in which health visitors are trained;
(d) one member elected by the Medical Council of India;
(e) one member elected by the Central Council of the Indian Medical Association;
(f) one member elected by the Council of the Trained Nurses Association of India;
7[(g) one midwife or auxiliary nurse-midwife enrolled in a State register, elected by each of the State Councils in the four groups of States mentioned below, each group of States being taken in rotation in the following order, namely :-
(i) Kerala, Madhya Pradesh and8[Uttar Pradesh and Haryana],
(ii) Andhra Pradesh, Bihar,9[Maharashtra] and Rajasthan, (iii) Mysore, Punjab10[Himachal Pradesh] and West Bengal, (iv) Assam,9[Gujarat]11[Tamil Nadu and Orissa;] (h) the Director General of Health Services, ex officio;
(i) the Chief Principal Matron, Medical Directorate, General Headquarters, ex officio;
(j) the Chief Nursing Superintendent, office of the Director General of Health Services, ex- officio;
(k) the Director of Maternity and Child Welfare, Indian Red Cross Society, ex officio;
12[(l) the Chief Administrative Medical Officer (by whatever name called) of each State other than a Union territory, ex officio;
(m) the Superintendent of Nursing services (by whatever name called), ex officio, from each of the States in the two groups mentioned below, each group of States being taken in rotation in the following order, namely :-
(i) Andhra Pradesh, Assam,9[Maharashtra], Madhya Pradesh,11[Tamil Nadu], Uttar
Pradesh,8[West Bengal and Haryana].
(ii) Bihar,9[Gujarat], Himachal Pradesh, Kerala, Mysore, Orissa, Punjab and Rajasthan;]
(n) four members nominated by the Central Government, of whom at least two
shall be nurses, midwives or health visitors enrolled in5[State] register and one shall be experienced educationalist;
13[(o) three members elected by Parliament, two by the House of the People from among its members and the other by the Council of States from among its members.]
(2) The President of the Council shall be elected by the members of the Council from among themselves:
Provided that for five years from the first constitution of the Council the President shall be a person nominated from amongst the members of the Council by the Central Government, who shall hold office during the pleasure of the Central Government.
(3) No act done by the Council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.
SECTION 04: INCORPORATION OF THE COUNCIL
The Council constituted undersection 3-shall be a body corporate by the name of the Indian Nursing Council, having perpetual succession and a common seal, with power to acquire property both-movable and immovable, and shall by the said name sue and be sued.
SECTION 05: MODE OF ELECTIONS
(1) Elections under sub-section (1) of section 3-by14[State] Councils shall be conducted in accordance with rules made in this behalf by the respective14[State] Governments, and where any dispute arises regarding any such election it shall be referred to the14[State] Government concerned whose decision shall be final.
(2) Other elections under that sub-section shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the Central Government whose decision shall be final.
SECTION 06: TERM OF OFFICE AND CASUAL VACANCIES
(1) Subject to the provisions of this section, an elected or nominated member, other than a nominated President, shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer.
(2) An elected or nominated member may at any time resign his membership by writing under his hand addressed to the-President, and the seat of such member shall thereupon become vacant.
(3) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council where the interval between the first and third of the said meetings exceeds six months.
(4) A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.
(5) Members of the Council shall be eligible for re-election or renomination.
SECTION 07: MEETINGS
(1) The Council shall hold its first meeting at such time and place as may be appointed by the President, and thereafter the Council shall meet at such time and place as may be appointed by the Council.
(2) Until otherwise prescribed, ten members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.
SECTION 08: OFFICERS, COMMITTEES AND SERVANTS OF THE COUNCIL
(1) The Secretary of the Council (who may also, if it is deemed expedient by the Council, act as Treasurer) shall, for three years from the first constitution of the Council, be a person appointed by the Central Government and shall hold office during the pleasure of the Central Government.
(2) The Council shall-
(a) elect from among its members a Vice-President;
(b) constitute from among its members an Executive Committee and such other committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act;
(c) subject to the provisions of sub-section (1), appoint a Secretary, who may also, if deemed expedient, act as Treasurer;
(d) appoint or nominate such other officers and servants as the Council deems necessary to carry out the purposes of this Act;
(e) require and take from the Secretary, or from any other officer or servant, such security for the due performance of his duties as the Council deems necessary;
(f) with the previous sanction of the Central Government, fix the fees and allowances to be paid to the President, Vice-President and members and the pay and allowances of officers and servants of the Council.
SECTION 09: THE EXECUTIVE COMMITTEE
(1) The Executive Committee shall consist of nine members, of whom seven shall be elected by the Council from among its members.
(2) The President and Vice-President of the Council shall be members ex officio of the Executive Committee, and shall be President and Vice-President, respectively, of that Committee.
(3) In addition to the powers and duties conferred and imposed upon it by this Act, the Executive Committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.
SECTION 10: RECOGNITION OF QUALIFICATIONS
(1) For the purposes of this Act, the qualifications included in16[Part I of] the Schedule shall be recognised qualifications, and the qualifications included in Part II of the Schedule shall be recognised higher qualifications.
(2) Any authority within the 17[States]18[* * *] which, being recognised by the17[State] Government16[in consultation with the State Council, if any,] for the purpose of granting any qualification, grants a qualification in general nursing, midwifery,16[auxiliary nursing-midwifery] health visiting or public health nursing, not included in the Schedule may apply to the Council to have such qualification recognised, and the Council may
declare that such qualification, or such qualification19only when granted after a specified date shall be a recognised qualification for the purposes of this Act.
(3) The Council may enter into negotiations with any authority 20[in any 21[territory of India to which this Act does not extend] or foreign country]18[* * *] which by the law of22[such territory] or country is entrusted with the maintenance of a register of nurses midwives or health visitors; for the settling of a scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme the Council may
declare that a qualification granted by any authority in any22[such territory] or country, or such qualification, only when granted after a specified date, shall be a recognised qualification for the purposes of this Act :
Provided that no declaration shall be made under this sub-section in respect of any qualification unless by the law and practice 23[of the foreign country] in which the qualification is granted persons domiciled or originating24[in India]
18[* * *] and holding qualifications recognised under this Act are permitted to enter and practise the nursing profession25[in that country] : Provided further that-
(i) any reciprocal arrangements subsisting at the date of the commencement of this Act between a17[State] Council and any authority outside India for the recognition of qualifications shall, unelss the Council decides otherwise, continue in force, and
26[(ii) any qualification granted by an authority in a territory of India to which this Act did not extend at the date of its commencement and recognised on the said date by the State Council of a State to which this Act then extended, shall continue to be a recognised qualification for the purpose of registration in that State.]
(4) The provisions of sub-sections (2) and (3) and of sections 14-and15-shall apply mutatis mutandis to the declaration by the Council of a qualification granted in respect of post-certificate nursing training as a recognised higher qualification.
SECTION 11: EFFECT OF RECOGNITION
27[(1)] Notwithstanding anything contained in any other law,-
(a) any recognised qualification shall be a sufficient qualification for enrolment in any 28[State] register;
(b) no person shall, after the date of commencement of this Act, be entitled to be enrolled in any28[State] register as a nurse, midwife, [auxiliary nurse-midwife], health visitor, or public health nurse unless he or she holds a recognised qualification :
Provided that any person already enrolled in any 28[State] register before the said date may continue to be so enrolled notwithstanding that he or she may not hold a recognised qualification: Provided further that any person who was immediately before the said date entitled to be enrolled in any28[State] register but was not so enrolled shall on application made in this behalf before the expiry of two years from the said date be entitled to be enrolled in that register;
(c) any person holding a recognised higher qualification shall be entitled to have the qualification entered as a supplementary qualification in any28[State] register in which he or she is enrolled, and after the said date no person shall be entitled to have entered as a supplementary qualification in any28[State] register any qualification which is not a recognised higher qualification.
29[(2) Notwithstanding anything contained in clause (b) of sub-section (1)-
(a) a citizen of India holding a qualification which entitles him or her to be registered with any Council of Nursing or Midwifery (by whatever name called) in any foreign country, may, with the approval of the Council, be enrolled in any State Register; and where approval has been accorded by the Council in respect of such qualification in one case, the approval of the Council for enrolment in a State register in the case of any other citizen of India holding the same qualification shall not be necessary;
(b) a person not being a .citizen of India who is employed as a nurse, midwife, auxiliary nurse- midwife, teacher or administrator in any hospital or institution situated in any State for purposes of teaching, research or charitable work may, with the approval of the President of the Council, be enrolled temporarily in the State Register for such period as may be specified in this behalf in the order issued by the said President : Provided that the practice by such person shall be limited to the hospital or institution to which he or she is attached.]
SECTION 12: POWER TO REQUIRE INFORMATION AS TO COURSES OF STUDY AND TRAINING AND EXAMINATIONS
Every authority in any30[State]31[ * * * *] which grants a recognised qualification, or a recognised higher qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and training and examinations to be under gone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualifications conferred, and generally as to the requisites for obtaining such qualification.
SECTION 13: INSPECTIONS
(1) The Executive Committee may appoint such number of inspectors32[whether from among members of. the Council or otherwise] as it deems necessary to inspect any institution recognised as a training institution, and to attend examinations held for the purpose of granting any recognised qualification or recognised higher qualification.
(2) Inspectors appointed under this section shall report to the Executive Committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be, on the sufficiency of the examinations.
(3) The Executive Committee shall forward a copy of such report to the authority or institution concerned, and shall also forward copies, with the remarks, if any, of the authority or institution concerned thereon, to the Central Government and to the33[State] Government and33[State] Council of the33[State] in which the authority or institution is situated.
SECTION 14: WITHDRAWAL OF RECOGNITION
(1) When upon report by the Executive Committee, it appears to the Council-
(a) that the courses of study and training and the examinations to be gone through in order to obtain a recognised qualification from any authority in any34[State]35[* * *], or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under the Act or fall short of the standards required thereby, or
(b) that an institution recognised by a 34[State] Council for the training of nurses, midwives36[auxiliary nurse -midwives] or health visitors does not satisfy the requirements of the Council,- the Council may send to the Government of the34[State] in which the authority or institution, as the case may be, is situated a statement to such effect and the34[State] Government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in a case referred to in clause (b) to the34[State] Council also, with an intimation of the period within which the authority or
institution may submit its explanation to the34[State] Government.
(2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the34 [State] Government shall make its recommendations to the Council.
(3) The Council, after such further inquiry, if any, as it may think fit to make, and in a case referred to in clause (b) of sub-section (1), after considering any remarks which the34[State] Council may have addressed to it, may declare,-
(a) in a case referred to in clause (a) of that sub-section, that the qualifications granted by the authority concerned shall be recognised qualifications only when granted before a specified date, or
(b) in a case referred to in the said clause (b), that with effect from a date specified in the declaration any person holding a recognised qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution concerned shall be entitled to be registered only in thea [State] in which the institution is situated.
(4) The Council may declare that any recognised qualification granted outside the 34[States] 35[* * *] shall be a recognised qualification only if granted before a specified date.
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