(1) The Central Government shall, as soon as may be, constitute a Council consisting of the following members, namely :-
(a) One nurse enrolled in a 1*[State] register elected by each 1* [State] Council;
2*[(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 and 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;
3*[(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 and 4*[Uttar Pradesh and Haryana],
(ii) Andhra Pradesh, Bihar, 5*[Maharashtra] and Rajasthan,
(iii) Mysore, Punjab 6*[Himachal Pradesh] and West Bengal,
(iv) Assam, 5*[Gujarat] 7*[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;
8*[(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:-
(ii) Bihar, 5*[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 in 1*[State] register and one shall be experienced educationalist;
9*[(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.
The Council constituted under section 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.
(1) Elections under sub-section (1) of section 3 by1*[State] Councils shall be conducted in accordance with rules made in this behalf by the respective1[State] Governments, and where any dispute arises regarding any such election it shall be referred to the1*[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.
(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.
(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.
(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.
(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.
(1) For the purposes of this Act, the qualifications included in1*[Parti 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 the2*[Stages]3[* * *] which, being recognised by the2*[State] Government1[in consultation with the State Council, if any,] for the purpose of granting any qualification, grants a qualification in general nursing, midwifery,1*[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 qualification d only 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 authority4*[in any5*[territory of India to which this Act does not extend] or foreign country]3[* * *] which by the law of6*[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 any6[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 practice7[of the foreign country] in which the qualification is granted persons domiciled or originating8[in India]3[* * *] and holding qualifications recognised under this Act are permitted to enter and practice the nursing profession9[in that country] :
Provided further that-
(i) Any reciprocal arrangements subsisting at the date of the commencement of this Act between a2[State] Council and any authority outside India for the recognition of qualifications shall, unless the Council decides otherwise, continue in force, and
10*[(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 and 15 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.
1*[(1)] Notwithstanding anything contained in any other law,-
(a) Any recognised qualification shall be a sufficient qualification for enrollment in any 2 [State] register;
(b) No person shall, after the date of commencement of this Act, be entitled to be enrolled in any 2*[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 2*[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 any 2 [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 any 2*[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 any 2*[State] register any qualification which is not a recognised higher qualification
3*[(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 enrollment 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.]
Every authority in any1*[State]2[* * *] 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 undergone 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.
(1) The Executive Committee may appoint such number of inspectors1*[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 the2*[State] Government and2*[State] Council of the2[State] in which the authority of institution is situated.
(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 any1*[State]2[* * *], 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 a1*[State] Council for the training of nurses, midwives3*[auxiliary nurse-midwives] or health visitors does not satisfy the requirements of the Council,- the Council may send to the Government of the1*[State] in which the authority or institution, as the case may be, is situated a statement to such effect and the1*[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 the1*[State] Council also, with an intimation of the period within which the authority or institution may submit its explanation to the1*[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, the1*[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 the1*[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 the1[State] in which the institution is situated.
(4) The Council may declare that any recognised qualification granted outside the1*[States]2[* * *] shall be a recognised qualification only if granted before a specified date.
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