INDIAN NURSING COUNCIL ACT, 1947
(1) This Act may be called The Indian Nursing Council Act, 1947.
(2)1It extends to the whole of India except the State of Jammu and Kashmir.]
(3) It shall come into force at once.
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1. Substituted for former sub-section (2) by the Indian Nursing Council (Amdt.) Act, 1957 (45 of 1957), section 2 (with effect from 1-12-1958).
In this Act, unless there is anything repugnant in the subject or context,--
(a) "the Council" means the1Council] constituted under this Act;
(b) "prescribed" means prescribed by regulations made under section 16;"
(c) "2[States] Council" means a Council (by whatever name called) constituted under the law of a2[State] to regulate the registration of nurses, midwives or health visitors in the2[State];
(d) "2[State] register" means a register of nurses, midwives or health visitors maintained underthe law of a2[State].
3[* * * * *]
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1. Substituted for "Indian Council of Nursing" by the India
(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 an'd 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 M
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.
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1. Substituted for the word 'Provincial' by A.L.O., 1950.
(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
(1) The Council shall hold its first meeting at such time and place as may beappointed by the President, and thereafter the Council shall meet at such time and place as may beappointed 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
(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
1 [(1)] Notwithstanding anything contained in any other law,--
(a) any recognised qualification shall be a sufficient qualification for enrolment 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
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.
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1. Substituted for the word 'Province' by A.L.O., 1950.
2. The words 'of India' were omitted by A.L.O., 1950 (28-1-1950).
(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[Sta
(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 situ
1[(1)] All declarations under section 10 or section 14 shall be made by resolution passed at a meeting of the Council called for the purpose, and shall forthwith be published in the Official Gazette.
2[(2) The Central Government shall, from time to time, by notification in the Official Gazette,3amend the Schedule so as to bring it into accord with any declaration under section 10 or section 14.]
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1. Section 15 was renumbered as sub-section (1) thereof by the Indian Nursing Council (Amdt.) Act, 1957 (45 of 1957), section 10 (with effect from 1-12-1958).
2. Inserted, by the Indian Nursing Council (Amdt.) Act, 1957 (45 of 1957), section 10 (with effect from 1-12-1958).
3. Certifi
1[15A. Indian Nurses Register
(1) The Council shall cause to be maintained in the prescribed manner a register of nurses, midwives, auxiliary nurse-midwives and health visitors to be known as the Indian Nurses Register, which shall contain the names of all persons who are for the time being enrolled on any State register.
(2) It shall be the duty of the Secretary of the Council to keep the Indian Nurses Register in accordance with the provisions of this Act, and from time to time, to revise the register and publish it in the Gazette of India and in, such other manner as may be prescribed.
(3) Such register shall be a deemed to be a public document within the meaning of the Indian Evidence Act, 1872, and may be proved by a copy published in the Gazette of India.]
&nbs
1 [15B. Supply of copies of State registers
Each State Council shall supply to the Counciltwenty printed copies of the State register as soon as may be after the 1st day of April of each yearand inform the Council without delay of all additions to, and other amendments in, the State registermade from time to time.]
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1. Sections 15-A and 15-B were inserted by the Indian Nursing Council (Amdt.) Act, 1957 (45 of 1957), Section 11 (with effect from 1-12-1958).
(1) The Council may make regulations not inconsistent with this Act generally to carry out the provisions of this Act, and in particular and without prejudice to the generality of the foregoing powers, such regulations may provide for--
(a) the management of the property of the Council and the maintenance and audit of its accounts;
(b) the manner in which elections referred to in sub-section (2) of section 5 and in clause (a) of sub-section (2) of section 8 shall be conducted;
(c) the summoning and holding of the meetings of the Council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
(d) prescribing the functions of the Executive Committee, the su
[Repealed by the Indian Nursing Council (Amendment) Act, 1957 (45 of 1957), section 13 (with effect from 1-12-1958).
[Note :-- The amendments in the Schedule are not exhaustive and are updated on they basis of available material. Some omissions are therefore possible which may please be noted.
1 [THESCHEDULE
[Seesections 10 and 11]
PART-I-- RECOGNISED QUALIFICATIONS
A.General Nursing
Certificates(including senior and junior certificates), Diplomas or Degrees in Nursingissued by any of the following authorities, namely :--
1.The Examination Board appointed by the [Government of Tamil Nadu]1
2.The Bombay Nurses, Midwives and Health Vistors Council.
3.The Bombay Presidency Nursing Association (when issued before the 1st day ofJanuary, 1936).
4.The Bengal Nursing Council (when issued before the 15th day of August, 1947).
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