NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023
[Act No. 26 of 2023]
[12th August, 2023]
An Act to provide for regulation and maintenance of standards of education and services by nursing and midwifery professionals, assessment of institutions, maintenance of a National Register and State Registers and creation of a system to improve access, research and development and adoption of latest scientific advancement and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:--
(1) This Act may be called the National Nursing and Midwifery Commission Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
In this Act, unless the context otherwise requires,--
(a) "Autonomous Board" means any of the Autonomous Boards constituted under Section 11;
(b) "Chairperson" means the Chairperson of the National Nursing and Midwifery Commission appointed under Section 4;
(c) "Fund" means the National Nursing and Midwifery Commission Fund referred to in Section 38;
(d) "midwifery" means a skilled, knowledgeable, and compassionate care for childbearing women, new-born infants and families across the continuum from pre-pregnancy, pregnancy, birth, postpartum and the early weeks of life and includes--
(i) preventive measures;
(ii) promotion of normal birth;
(iii) detection of complications in mother and child;
(iv) accessing of medical care or other appropriate assistance;
(v) appropriate a
(1) The Central Government shall constitute a Commission, to be known as the National Nursing and Midwifery Commission, with effect from such date as it may, by notification, appoint, for exercising such powers and discharging such duties as are laid down under this Act.
(2) The National Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.
(3) The head office of the National Commission shall be at New Delhi.
The National Commission shall consist of a Chairperson, sixteen ex officio Members and twelve Members as follows, namely:--
(a) a person having outstanding ability, proven administrative capacity and integrity and possessing a postgraduate degree in nursing and midwifery profession from any University with experience of not less than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursing and midwifery leader, to be appointed by the Central Government--Chairperson;
(b) one representative of the Department of Health and Family Welfare, Ministry of Health and Family Welfare, not below the rank of Joint Secretary to the Government of India who is in-charge of nursing and midwifery--Member, ex officio;
(c) one representative of the Ministry of Defence not below the rank of Additional Director General, Military Nursing Services to the Government of India in
(1) The Central Government shall appoint--
(i) the Chairperson and Members referred to in clauses (a), (j), (k) and (l) of Section 4;
(ii) the Secretary referred in Sub-Section (2) of Section 8; and
(iii) the President and Members of Autonomous Boards referred in sub-sections (3), (4) and (5) of Section 12, on the recommendations of a Search-cum-Selection Committee consisting of--
(a) the Secretary, Ministry of Health and Family Welfare--Chairperson;
(b) four nursing and midwifery experts possessing outstanding qualifications and experience of not less than twenty-five years in the field of nursing and midwifery education, public health nursing education and nursing health research, to be nominated by the Central Government in such manner as may be prescribed--Members;
(c) one person, possessing outstanding qualifications and experience
(1) The Chairperson, Secretary and Members of the National Commission referred to in clauses (i), (j), (k) and (l) of Section 4, shall hold office for a term not exceeding four years, as the Central Government may notify in this behalf, from the date on which they enter upon their office and shall not be eligible for any extension or reappointment.
(2) A person who has completed the age of sixty-five years on the date of application shall not be eligible for the post of Member of the National Commission.
(3) The term of office of an ex officio Member shall continue as long as such Member holds the office by virtue of which he is a Member.
(4) Where a Member appointed to the National Commission under clause (i) or clause (j) or clause (k) or clause (l) of Section 4, is absent from three consecutive ordinary meetings of the National Commission and the cause of such absence is not attributable to any vali
(1) The Central Government may, by order, remove from office, the Chairperson or any other Member of the National Commission, who--
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
(f) has so misused his position as to render his continuance in office prejudicial to the public interest.
(2) No Member shall be removed under clauses (e) and (f) of Sub-Section (1) unless he has been given a reasonable opportunity of being heard.
(1) There shall be a secretariat for the National Commission to be headed by a Secretary, to be appointed by the Central Government in accordance with the provisions of Section 5.
(2) The Secretary of the National Commission shall be a person of outstanding ability, proven administrative capacity and integrity, possessing such qualifications and experience, as may be prescribed.
(3) The Secretary shall hold the office for a term of four years and shall not be eligible for any extension or reappointment.
(4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted under Section 11.
(5) The Secretary shall discharge such functions of the National Commission and that of each of the Autonomous Boards constituted under Section 11 , as may be specified by regulations.
(6) The National Commission may, for the optimum discharge of
(1) The National Commission shall meet at least once in every quarter at such time and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside over the meetings of the National Commission and if for any reason the Chairperson is unable to attend such meeting, any other Member being the President of an Autonomous Board, as may be nominated by the Chairperson, shall preside over that meeting.
(3) Unless the procedure to be followed at the meetings of the National Commission is otherwise provided by regulations, one-half of the total number of Members of the National Commission including the Chairperson shall constitute the quorum at the meeting of the National Commission and all the acts of the National Commission shall be decided by a majority of the Members, present and voting and in the event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board nominated un
(1) The National Commission shall take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services, with periodic revisions, as may be specified by regulations.
(2) The National Commission may make regulations for the purposes of performing the following functions, namely:--
(a) to frame policies and regulate standards for the governance of nursing and midwifery education and training;
(b) to regulate nursing and midwifery institutions, researches, professionals and associates;
(c) to identify and regulate any other category of nursing and midwifery profession;
(d) to provide basic standards of education, physical and instructional facilities, assessment, examination, training, research, continuing professional education and maximum tuition fee payable in respect
(1) The Central Government shall, by notification, constitute the following Autonomous Boards, under the overall supervision of the National Commission, to perform the functions assigned to such Boards under this Act, namely:--
(a) the Nursing and Midwifery Undergraduate and Postgraduate Education Board;
(b) the Nursing and Midwifery Assessment and Rating Board; and
(c) the Nursing and Midwifery Ethics and Registration Board.
(2) Every Autonomous Board referred to in Sub-Section (1) shall be an autonomous body which shall carry out its functions under this Act in such manner as may be specified by regulations.
(1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall have not more than two whole-time Members and not more than two part-time Members other than a President.
(2) The Nursing and Midwifery Assessment and Rating Board and the Nursing and Midwifery Ethics and Registration Board shall consist of a President, not more than two whole-time Members and not more than two part-time Members.
(3) The President of each Autonomous Board, two whole-time Members and one part-time Member of Nursing and Midwifery Undergraduate and Postgraduate Education Board, and one whole-time Member and one part-time Member of Nursing and Midwifery Assessment and Rating Board and Nursing and Midwifery Ethics and Registration Board, shall be persons of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having ex
(1) The President and the whole-time Members of each Autonomous Board shall hold office for a term not exceeding four years and shall not be eligible for any extension or reappointment:
Provided that the part-time Members of each Autonomous Board shall hold the office for a term of two years:
Provided further that a Member should be less than sixty-five years of age on the date of application for the office of Member.
(2) The vacancies of each Autonomous Board shall be filled in such manner as may be prescribed.
(3) The salaries and allowances payable to, and other terms and conditions of service of the President and the whole-time Members of an Autonomous Board shall be such as may be prescribed.
(4) Every part-time Member of an Autonomous Board shall be entitled for such allowances as may be prescribed.
(5) The provisions of sub-sectio
(1) Each Autonomous Board, except the Nursing and Midwifery Ethics and Registration Board, shall be assisted by such advisory committees consisting of experts as may be constituted by the National Commission, for the efficient discharge of the functions of such Autonomous Board.
(2) The Nursing and Midwifery Ethics and Registration Board shall be assisted by such ethics committees of experts as may be constituted by the National Commission for the efficient discharge of the functions of such Autonomous Board.
(1) The experts, consultants, professionals, officers and other employees appointed under Section 8 shall be made available to the Autonomous Boards in such number and manner, as may be specified by regulations.
(2) The foreign experts and domain specialists from foreign countries invited by the National Commission under Section 8 shall also be made available to the Autonomous Boards in such number and manner, as may be specified by regulations.
(1) Every Autonomous Board shall meet at least once in a month at such time and place as it may appoint.
(2) Every decision of the Autonomous Boards shall be made by majority of votes of its respective President and Members.
(3) Subject to the provisions of Section 21, a person aggrieved by any decision of an Autonomous Board, may prefer an appeal to the National Commission against such decision within thirty days of the communication of that decision and the National Commission shall, after giving an opportunity of being heard, dispose of the appeal within a period of sixty days from the date of such appeal.
(1) The President of each Autonomous Board shall have such administrative and financial powers as may be delegated to it by the National Commission to enable such Autonomous Board for optimum functioning.
(2) The President of an Autonomous Board may further delegate any of his powers to a Member or an officer of such Autonomous Board.
(1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall perform the following functions, namely:--
(a) determine the minimum requirements and standards of nursing and midwifery education and examination at undergraduate level and postgraduate level, in such manner as may be specified by regulations, and oversee all aspects relating thereto;
(b) develop dynamic competency based curriculum at undergraduate level and postgraduate level, in such manner as may be specified by regulations, with a view to develop appropriate skill, knowledge, attitude, values and ethics to provide healthcare, impart nursing and midwifery education and conduct research:
Provided that the competencies shall be aligned with the needs of the national health programme, across continuum of care in varied healthcare settings in order to ensure optimum healthcare delivery system;
(c) p
(1) The Nursing and Midwifery Assessment and Rating Board shall perform the following functions, namely:--
(a) the procedure for assessing and rating the nursing and midwifery institutions for their compliance with the standards laid down by the Nursing and Midwifery Undergraduate and Postgraduate Education Board, shall be such as may be specified by regulations;
(b) grant permission for establishment of a new nursing and midwifery institution, or to start any postgraduate level or higher qualification course, or to increase number of seats, in accordance with the provisions of Section 21;
(c) conduct inspections of nursing and midwifery institution for assessing and rating such institutions in such manner as may be specified by regulations:
Provided that the Nursing and Midwifery Assessment and Rating Board may, if it deems necessary, hire and authorise any other inspection agenc
(1) The Nursing and Midwifery Ethics and Registration Board shall perform the following functions, namely:--
(a) maintain the National Register for all registered professionals in accordance with the provisions of Section 25;
(b) approve or reject applications for registration of professionals governed under this Act;
(c) regulate professional conduct and promote nursing and midwifery ethics in such manner as may be specified by regulations:
Provided that the Nursing and Midwifery Ethics and Registration Board shall ensure compliance of the code of professional and ethical conduct through the State Commission in a case where such State Commission has been conferred power to take disciplinary action in respect of professional or ethical misconduct by nursing and midwifery professionals under this Act;
(d) develop mechanisms to have continuous interaction with
(1) No person shall establish a new nursing and midwifery institution, or start any postgraduate course, or increase number of seats, without obtaining prior permission of the Nursing and Midwifery Assessment and Rating Board:
Provided that the Nursing and Midwifery Assessment and Rating Board shall consult the Nursing and Midwifery Undergraduate and Postgraduate Education Board before according or refusing to accord such permission.
(2) For the purposes of obtaining permission under Sub-Section (1), a person may submit a proposal to the Nursing and Midwifery Assessment and Rating Board in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations.
(3) The Nursing and Midwifery Assessment and Rating Board shall, having due regard to the criteria specified in Section 22, consider the proposal received under Sub-Section (2) and either approve o
The Nursing and Midwifery Assessment and Rating Board or, as the case may be, the National Commission, shall, while approving or disapproving a proposal under Section 21, take into consideration the following criteria, namely:--
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have been provided to ensure proper functioning of nursing and midwifery institution or will be provided within the time-limit specified in the proposal;
(c) whether adequate hospital facilities have been provided or will be provided within the time-limit specified in the proposal; and
(d) such other factors as may be specified by regulations:
Provided that subject to the previous approval of the Central Government, the criteria may be relaxed for the nursing and midwifery institutions which are set up in such areas as may be spec
(1) Every State Government shall, within one year from the commencement of this Act, by notification, constitute a State Nursing and Midwifery Commission, where no such State Commission exists in that State by a State Law, for exercising such powers and discharging such duties as may be laid down under this Act.
(2) The State Nursing and Midwifery Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the same name sue or be sued.
(3) The State Commission shall consist of the following Members, namely:--
(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in nursing and midwifery from any University and having experience of not less than twenty years in the field of nursing and mi
(1) The State Commission shall take all such steps as it may think fit for ensuring coordinated and integrated development of education and maintenance of the standards of delivery of services under this Act.
(2) The State Commission may, for the purposes of performing its functions,--
(a) enforce the professional conduct, code of ethics and etiquette to be observed by the nursing and midwifery professionals including associates in the State and take disciplinary action including the removal of name of a professional from the State Register;
(b) ensure standards of education, courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment, examination, training, research, continuing professional education as provided by the Autonomous Boards;
(c) maintain the State Registers for registered professionals;
(1) The Nursing and Midwifery Ethics and Registration Board shall maintain an online and live Indian Nurses and Midwives' Register containing the name, address, all recognised qualifications possessed by a nursing professional, midwifery professional, nursing associate, midwifery associate and such other particulars as may be specified by regulations.
(2) The Nursing and Midwifery Ethics and Registration Board shall maintain the National Register in such form, including digital form, and in such manner, as may be specified by regulations.
(3) The manner in which a name or qualification may be added to, or removed from, the National Register and the grounds for adding thereto or removal thereof, shall be such as may be specified by regulations.
(4) The National Register shall be a public document within the meaning of Section 74 of the Indian Evidence Act, 1872 (1 of 1872).
(5) The
(1) Any person having a recognised nursing and midwifery qualification shall have his name and qualifications enrolled in the National Register or the State Register for Nursing and Midwifery Professionals, as the case may be, and shall be granted a licence to practice in such manner and following such procedures, as may be specified by regulations:
Provided that a person, who has been registered in the Nurses Register maintained under the Indian Nursing Council Act, 1947 (48 of 1947) prior to the coming into force of this Act, shall be deemed to have been registered under this Act and be enrolled in the National Register or the State Register for Nursing and Midwifery Professionals, as the case may be, maintained under this Act.
(2) A citizen of India, who has obtained a nursing and midwifery qualification recognised under Section 29 or Section 32 from a nursing and midwifery institution established in a country outside In
(1) No person, other than a person who is enrolled in the National Register or State Register, shall--
(a) be allowed to practice nursing or midwifery as a qualified nursing or midwifery professional or nursing or midwifery associate;
(b) be entitled to give evidence at any inquest or in any court of law as an expert under Section 42 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to nursing and midwifery:
Provided that a foreign citizen who is enrolled in his country as a nursing and midwifery professional in accordance with the law regulating the registration of nursing and midwifery professional in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations.
(2) Any person who contravenes any of the provisions of this Section shall be punished with imprisonment for a term which may exten
(1) Every nursing and midwifery qualification granted by any University or nursing and midwifery institution in India shall be listed and maintained by the Nursing and Midwifery Undergraduate and Postgraduate Education Board in such manner as may be specified by regulations, and such nursing and midwifery qualification shall be a recognised nursing and midwifery qualification for the purposes of this Act.
(2) Every University or nursing and midwifery institution in India which conducts any course for nursing or midwifery qualification, not included in the list maintained by the Nursing and Midwifery Undergraduate and Postgraduate Education Board may apply to that Board for granting recognition to such qualification.
(3) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall examine the application for grant of recognition to an undergraduate or postgraduate or speciality or clinical nurse speciality
(1) Where an authority in any country outside India, which by the law of that country is entrusted with the recognition of nursing and midwifery qualifications in that country, makes an application to the National Commission for granting recognition to such nursing and midwifery qualification in India, the National Commission may, subject to such verification as it may deem necessary, either grant or refuse to grant recognition to that nursing and midwifery qualification:
Provided that the National Commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition.
(2) The nursing and midwifery qualification, which is granted recognition by the National Commission under Sub-Section (1), shall be a recognised nursing and midwifery qualification for the purposes of this Act, and such qualification shall be listed and maintained by the National Commission in such manner as
(1) The nursing and midwifery qualifications granted by any statutory or other recognised body in India before the commencement of this Act shall be recognised as nursing and midwifery qualifications in such manner as may be specified by the National Commission for the purposes of this Act.
(2) The Central Government may, on the recommendation of the National Commission, and having regard to the objects of this Act, by notification, add to, or, as the case may be, omit any category of nursing and midwifery qualifications granted by a statutory or other body in India and on such addition, or as the case may be, omission, the nursing and midwifery qualifications granted by such statutory or other body in India shall be, or shall cease to be, recognised nursing and midwifery qualifications for the purposes of this Act.
(1) Where, upon receiving the recommendations or report from the Nursing and Midwifery Assessment and Rating Board under Section 19, or from a State Commission or a State Government or otherwise, if the National Commission is of the opinion that--
(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a University or nursing and midwifery institution do not conform to the standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board; or
(b) the standards and norms for infrastructure, faculty and quality of education in the nursing and midwifery institution, as determined by the Nursing and Midwifery Undergraduate and Postgraduate Education Board are not adhered to by any University or nursing and midwifery institution, and such University or nursing and midwifery institution has failed to take necessary corrective
Where the National Commission deems it necessary, it may, by an order published in the Official Gazette, direct that any nursing and midwifery qualification granted by a nursing and midwifery institution in a country outside India, after such date as may be specified in that order, shall be a recognised nursing and midwifery qualification for the purposes of this Act:
Provided that before providing the recognition, the equivalence in terms of curriculum, practical training and number of years of course may be examined in such manner as may be specified by regulations:
Provided further that practice by a person possessing such qualification shall be permitted in such manner as may be specified by regulations.
Where, after verification with the authority in any country outside India, the National Commission is of the opinion that a recognised nursing and midwifery qualification which is included in the list maintained by it is to be derecognised, it may, by order, derecognise such nursing and midwifery qualification and remove it from the list maintained by the National Commission with effect from the date of such order.
(1) The Central Government shall constitute an advisory body to be known as the Nursing and Midwifery Advisory Council.
(2) The Nursing and Midwifery Advisory Council (hereafter in this Chapter referred to as the Advisory Council) shall consist of a Chairperson and the following Members, namely:--
(a) the Chairperson of the National Commission shall be the ex officio Chairperson of the Advisory Council;
(b) one officer not below the rank of Joint Secretary representing Ministry of Ayush--Member, ex officio;
(c) Presidents of the three Autonomous Boards--Members, ex officio;
(d) Secretary of the National Commission--Member, ex officio;
(e) one person to represent each State and each Union territory who shall be a Dean (Nursing) or Principal of a nursing and midwifery institution in that State or Union territory, as the case may be, or the
(1) The Advisory Council shall be the primary platform through which the States and Union territories may put forth their views and concerns before the National Commission and help in shaping the overall agenda, policy and action relating to nursing and midwifery education, services, training and research.
(2) The Advisory Council shall advise the National Commission on measures to determine and maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to nursing and midwifery education, services, training and research.
(3) The Advisory Council shall advise the National Commission on measures to enhance equitable access to nursing and midwifery education, services, training and research.
(1) The Advisory Council shall meet at least once a year at such time and place as may be decided by its Chairperson.
(2) The Chairperson of the Advisory Council shall preside over the meeting of the Advisory Council and if for any reason the Chairperson is unable to attend a meeting of the Advisory Council, such other Member as may be nominated by the Chairperson shall preside over such meeting.
(3) Unless the procedure is otherwise provided by regulations, two-thirds of the Members of the Advisory Council including the Chairperson shall form the quorum and all acts of the Advisory Council shall be decided by a majority of the Members present and voting.
(4) The Members nominated under clauses (e) and (j) of Sub-Section (2) of Section 34 shall hold office for a term not exceeding four years, as may be notified by the Central Government in this behalf.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the National Commission grants of such sums of money as the Central Government may think fit.
(1) There shall be constituted a fund to be called the National Nursing and Midwifery Commission Fund, which shall form part of the public account of India and there shall be credited thereto--
(a) all fees, penalties and charges received by the National Commission and the Autonomous Boards;
(b) all sums received by the National Commission from such other sources as may be decided by it.
(2) The Fund shall be applied for making payment towards--
(a) the salaries and allowances payable to the Chairperson, Secretary and Members of the National Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses including the salaries and allowances payable to the officers and other employees of the National Commission and Autonomous Boards;
(b) the expenses incurred in carrying out the provisions of this Act, including in connection w
(1) The National Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the National Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Commission to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the National Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and in particular, shall have the right to demand
(1) The National Commission shall furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or as the Central Government may direct, such reports and statements, containing such particulars in regard to any matter under the jurisdiction of the National Commission, as the Central Government may, from time to time, require.
(2) The National Commission shall prepare, once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under Sub-Section (2) shall be laid by the Central Government, as soon as may be after it is received, before each House of Parliament.
(1) Without prejudice to the provisions of this Act, the National Commission, the Autonomous Boards and the Nursing and Midwifery Advisory Council shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to them from time to time:
Provided that the National Commission, the Autonomous Boards and the Advisory Council shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not, shall be final.
The Central Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions.
The National Commission may give such directions, as it may deem necessary, to a State Commission for carrying out all or any of the provisions of this Act and the State Commission shall comply with such directions.
(1) The National Commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.
(2) The Central Government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under Sub-Section (1).
Every University and nursing and midwifery institution governed under this Act shall maintain a website at all times and display on its website all such information as may be required by the National Commission or an Autonomous Board, as the case may be.
(1) Notwithstanding anything contained in this Act, any student who was studying for a degree, diploma or certificate in any nursing and midwifery institution, immediately before the commencement of this Act, shall continue to so study and complete his course for such degree, diploma or certificate, and such institution shall continue to provide instructions and examination for such student in accordance with the syllabus and studies as existed before such commencement, and that student shall be deemed to have completed his course of study under this Act and shall be awarded degree, diploma or certificate under this Act.
(2) Notwithstanding anything contained in this Act, where recognition granted to a nursing institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason, such nursing institution shall continue to maintain and provide the minimum standards required to be provided under this Act till such
The Chairperson, Members, officers and other employees of the National Commission and State Commissions, and the President, Members and officers and other employees of the Autonomous Boards, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Government, the National Commission or any Autonomous Board or a State Commission or any committee thereof, or any officer or other employee of the Government or of the National Commission acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorised by the National Commission or the Nursing and Midwifery Ethics and Registration Board or a State Commission, as the case may be.
(1) If, at any time, the Central Government is of the opinion that--
(a) the National Commission is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or
(b) the National Commission has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act, the Central Government may, by notification, supersede the National Commission for such period, not exceeding six months, as may be specified in such notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable opportunity to the National Commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the National Commission.
(1) The Central Government may, subject to the condition of previous publication, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the qualifications and experience required for a nursing and midwifery leader under clause (q) of Section 2;
(b) the six zones referred to in clauses (h) and (i) and the manner of appointing Members of the National Commission under clauses (g), (h), (i), (j), (k) and (l), of Section 4;
(c) the manner of nominating experts by the Central Government under clauses (b) and (c) of Sub-Section (1) of Section 5;
(d) the salary and allowances payable to, and other terms and conditions of service of the Chairperson and Members under Sub-Section (5) of Section 6;
(1) The National Commission may, subject to the condition of previous publication, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--
(a) the functions to be discharged by the Secretary of the National Commission under Sub-Section (5) of Section 8;
(b) the procedure in accordance with which experts, consultants and professionals may be engaged and the number of such experts, consultants and professionals under Sub-Section (8) of Section 8;
(c) the procedure in accordance with which and the number of experts and domain specialists are to be invited from foreign countries for meetings of the Commission under Sub-Section (9) of Section 8;
(d
(1) The State Government may, by notification, make rules for carrying out the provisions of Section 23 and Sub-Section (9) of Section 28.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the qualifications and experience to be possessed by members to be nominated in the State Nursing and Midwifery Commission under clauses (d), (e) and (f) of Sub-Section (3) of Section 23.
(3) Every rule made under this Section shall, as soon as may be, after it is made, be laid before the State Legislature.
Every rule and regulation made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or notification; both Houses agree that the rule or regulation or notification should not be made or issued, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary, for removing the difficulty:
Provided that no order shall be made under this Section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this Section shall be laid, as soon as may be after it is made, before each House of Parliament.
(1) With effect from such date as the Central Government may appoint in this behalf, the Indian Nursing Council Act, 1947 (48 of 1947) shall stand repealed and the Indian Nursing Council constituted under Sub-Section (1) of Section 3 of the said Act shall stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in Sub-Section (1), it shall not affect,--
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such p
(1) The National Commission shall be the successor in interest to the Indian Nursing Council including its subsidiaries or owned trusts and all the assets and liabilities of the Indian Nursing Council shall be deemed to have been transferred to the National Commission.
(2) Notwithstanding the repeal of the Indian Nursing Council Act, 1947 (48 of 1947), the educational standards, requirements and other provisions of the said Act and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder:
Provided that anything done, or any action taken, as regards the educational standards and requirements under the enactment under repeal and the rules and regulations made thereunder, shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accor
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