SIKKIM NURSES, MIDWIVES AND HEALTH VISITORS ACT, 2008

Act No. 04 of 2008

05th February, 2010

An Act to provide for the registration of Nurses, Midwives and Health Visitors in the State of Sikkim. Whereas it is expedient to provide for the registration of nurses, midwives and health visitors in the State of Sikkim; Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of the Republic of India as follows:-

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S.Part I PRELIMINARY

S.1 Short title, extent, commencement and application

(1) This Act may be called the Sikkim Nurses, Midwives and Health Visitors Act, 2008.

(2) It shall extend to the whole of Sikkim.

(3)

(a)
- (i) Part I and section 29 of Part VII of this Act shall come into force at once in the whole of Sikkim.
- (ii) Parts II, III, V and VI and the remaining sections of Part VII of this Act shall come into force in the whole of the State of Sikkim on such date as the State Government may by notification appoint.
(b) Part IV shall come into force on such i[date]i and shall apply to such class of persons only in such areas as the State Government may by notification specify.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "affiliated institution" means an institution and Health Care facilities provider for the nursing of the sick, maternity or child welfare, which may be affiliated to the Council in accordance with the bye-laws;
b. "auxiliary nurse-midwife" means a person who has passed the examination prescribed in this behalf;
c. "bye-law" means a bye-law made by the Council under section 32;
d. "Council" means the Sikkim Nursing Council constituted under section 3;
e. "health visitor" means a person who has obtained the Health Visitors' Certificate from any Health School, institution and examining body recognised in this behalf by the Council;
(f) "institution" includes any association, which maintains or controls a nurses establishment;
(g) "licensing authority" means the urban corporation or the municipal council or such other state urban or rural authority established for

S.Part II THE SIKKIM NURSING COUNCIL

S.3 Establishment, incorporation and constitution of Council

(1) The State Government may, by notification, establish a Council to be called the Sikkim Nursing Council for the purpose of carrying out the provisions of this Act. Such Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and disposed of property and to contract and may, by the same name, sue and be sued.

(2) The Council shall consist of the following members:-

(a) as ex-officio members,-
- (i) The Director of Health Care, Human Services Personal Services and Family Welfare in Sikkim or such other Officer as the State Government may nominate;
- (ii) The Joint Director of Nursing Services, Government of Sikkim,.
- (iii) The Principal, College of Nursing, SMU.
- (iv) Deputy Director of Nursing Services, Govt. of Sikkim
(b) as elected members -
- (i) eight persons to be elected from amongst

S.4 Appointment of members in default of election

If any of the electorates or bodies referred to in section 3 does not, by such date as may be prescribed, elect a person to be a member of the Council, the State Government shall, by notification appoint to the vacancy a person qualified for election thereto; and the person so. appointed shall be deemed to be a member of the Council as if he had been duly elected by the said electorate or body.

S.5 Period of office of Members

(1) The members of the Council, other than the ex-officio members specified in clause (a) of sub-section (2) of section 3, shall hold office for a term of five years from the date of their election or nomination or until their successors have been duly elected or nominated whichever is longer and shall be eligible for re-election or re-nomination, as the case may be.

(2) Any such member may at any time resign his appointment by letter addressed to the President of the Council.

S.6 Vacancy

When a vacancy occurs in the office of a member of the Council through death, resignation, removal or disability of such member or otherwise, previous to the expiry of the period of his office, the vacancy shall be filled in the manner prescribed. Any person elected or nominated to fill a casual vacancy shall, notwithstanding anything contained in section 5, hold office only so long as the member in whose place he is elected or nominated would have held office if the vacancy had not occurred.

S.7 Vacancy not to affect proceedings

If a vacancy in the office of a member of the Council has occurred, the continuing members of the Council has occurred, the continuing members thereof shall act as if no vacancy had occurred, and no act or proceeding of the Council shall be deemed invalid merely by reason of a vacancy in the Council or the disqualification of, or of defect in the election or nomination of a person acting as a member of the Council.

S.8 Disqualifications

A person shall be disqualified for being chosen as, and for being, a member of the Council,-

a. if he/she has been sentenced by a criminal court for an offence involving moral turpitude and punishable with imprisonment for a term exceeding three months, such sentence not having been subsequently reversed, quashed or remitted, unless he has by order, which the State Government is hereby empowered to make in this behalf, been relieved from the disqualification arising on account of such sentence, or
b. if he/she is an un-discharged insolvent, or
c. if he/she is of unsound mind and stands so declared by a competent court, or
d. if his/her name has been removed from the register, or
e. if he/she is a whole time officer or servant of the Council.

S.9 Disabilities from continuing as member

(1) If any member, during the period for which he has been elected or nominated,-

(a) absents himself without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or
(b) absent out of India for a period exceeding eight consecutive months; or
(c) ceases to be a member of the electorate or body by which he was elected; or
(d) becomes subject to any of the disqualifications specified in section 8; or
(e) having been elected by the Sikkim Medical Council, ceases to be a registered medical practitioner; the President of the Council shall forthwith report the fact to the State Government, which shall thereupon, by an order in writing, declare his seat to be vacant.

(2) If any question arises whether a vacancy has occurred under sub-section (1), the orders of the State Government shall be final for the decision of such question.

S.10 Leave of absence to members

The Council may permit any member to absent from the meetings of the Council for any period not exceeding six months.

S.11 Officers, Committees and Servants of the Council:-

(1) The Secretary of the Council (who may also, if it is deemed expedient by the Council to act as Treasurer) shall for three years from the first constitution of the Council, be a person appointed by the State Government and shall hold office during the pleasure of the State 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

S.12 The Executive Committee:

(1) The Executive Committee shall consist of six members, of whom five 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 the 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.

S.13 Elections to be held by distributive system of voting

All elections to be held by distributive system of voting-

Explanation.-Distributive system of voting means a system of voting in which every voter shall be entitled to give as many votes as there are seats to be filled: Provided that no voter shall give more than one vote to any one candidate: Provided further that no voting paper shall be deemed to be valid unless the voter has recorded all the votes which he is entitled to give.

S.Part III REGISTRATION

S.14 Maintenance of register

The Council shall maintain a register of (a) nurses midwives, (b) nurses (c) Midwives, (d) auxiliary nurses and (e) health visitors, consisting of four sections, in such form, containing such particulars and divided into such parts as may be prescribed.

S.15 Persons entitled to registration

Persons who have undergone such courses of training, have passed such examinations and who fulfill such other conditions as may be prescribed shall, on payment of the prescribed fee and on making an application in the prescribed form, be entitled to registration.

S.16 Refusal of registration and removal and re-entry of names.

5. Refusal of registration and removal and re-entry of names.

(1) Subject to such conditions as may be 6. prescribed, the Council may, after giving an opportunity to the person concerned to be heard in his defense and after holding an inquiry in the prescribed manner, refuse to enter in the 7. register the name of any person or may order the removal of the name of such person from the register.

8. (2) The order passed under sub-section (1) shall be in writing and shall be served on the person concerned in the prescribed manner.

3. The Council may direct that the name of any person against whom an order under sub-section (1) has been passed shall be entered or re-entered in the register, as the case may be.

S.17 Appeal from order under section 14

(1) Any person aggrieved by any order of the Council made under section 16 may, Within ninety days from the date on which such order is served, appeal against such order to the State Government. The order of the State Government on any such appeal shall be final.

S.18 Renewal fee

(1) Notwithstanding anything contained in section 15, the Council may, with the previous sanction of the State Government, direct that for every three years a renewal fee of hundred rupees shall be paid by each person registered under this Act for the continuance of his name on the register.

(2) If the renewal fee is not paid before the date fixed by the Council, the Council may after giving notice to the defaulter concerned remove the name of the defaulter from the register:

Provided that the name so removed may be re-entered in the register on payment of the renewal fee in such manner and subject to such conditions as the Council may, after giving notice to the defaulter concerned by bye-laws direct.

S.19 Maintenance of list of persons practicing as nurses midwives, nurses, midwives, auxiliary nurse-midwives and health visitors and public health nurses

(1) The Council shall prepare and keep a list of persons whose names are not entered in the register maintained under section 14 and who are practicing as nurses, midwives, auxiliary nurse-midwives and health visitors. The list shall be divided into such parts as may be determined by the Council.

2. Every person not being qualified for registration under this Act, who, within the period of two years from the date on which this Part comes into force, proves to the satisfaction of the Council that he has been in regular practice as a nurse, midwife, auxiliary nurse-midwife, or health visitor and fulfils such other conditions as may be determined by the Council shall on payment of the prescribed fee, be entitled to have his name entered in the list: Provided that any person whose name has been removed from the register maintained under this Act or under any other law for the time being in force in any other part of India or from the register of any other country for infamous co

S.Part IV NURSES, MIDWIVES, AUXILIARY NURSE-MIDWIVES AND HEALTH VISITORS ENTITLED TO PRACTISE AND CONTROL OF LICENSING AUTHORITIES

S.20 Persons not registered or included in the list not to practice as nurses etc

(1) No person other than a person registered under this Act or a person whose name is entered in the list, shall practice or hold himself/herself out, whether directly or by implication, as practicing habitually or for personal gain as a nurse, midwife, auxiliary nurse-midwife or health visitor.

(2) Any person who acts in contravention of the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees for the first offence, to two hundred rupees for the second offence, and to three hundred rupees for any subsequent offence.

S.21 Conditions on practice in certain areas

(1) Notwithstanding anything contained in section 20, a person whose name has been entered in the list shall not practice as a nurse, midwife, auxiliary nurse-midwife or health visitor in an area within the limits of a municipal corporation or other municipal body or an area notified under sub-section (2), unless he/she,-

a. has been in regular practice as a nurse, midwife, auxiliary nurse-midwife or health visitor for a continuous period of five years prior to the date on which this section has come into force, or
b. has been in regular practice as a nurse midwife, nurse, midwife, auxiliary nurse-midwife or health visitor or public health nurse for a continuous period of two years prior to the date on which this section has come into force and produces a certificate from an institution signed by the Matron, Medical Superintendent or other responsible officer of such institution that such person has received the training as a nurse-midwife, auxiliary nurse-mid

S.22 Licensing authority to exercise general supervision

(1) Subject to the provisions of this Act and the rules and by-laws made in this behalf, every licensing authority shall exercise general supervision and control over the nurse midwives, auxiliary nurse-midwives, and health visitors practicing within the area under its jurisdiction.

(2) The licensing authority may authorize any of its officers to perform any of the duties and to exercise any of the powers conferred on it by this section and section 23.

S.23 Notice to licensing authority before on commencement of practice

(1) Every person registered under this Act and every person whose name has been entered in the list, if he/she intends to continue to practice after the date on which this Part comes into force in any area or if either of such persons intends to practice in such area as a nurse midwife, nurse, midwife, auxiliary nurse-midwife, or health visitor, he/she shall give notice in writing to the licensing authority and shall give a like notice to the said authority in the month of January every three years thereafter during the period he/she continues to practice within the said area.

2. Every such notice shall contain such particulars and shall be in such form as may be determined by the Council.

3. Any person who fails to comply with the provisions of sub-sections (1) and (2) shall, on conviction, be punished with fine which may extend to two hundred and thirty rupees for the first offence, to five hundred rupees for the second offence and to one thousand rupees for any sub

S.Part V NURSES ESTABLISHMENTS

S.24 Regulation of Nurses establishments

(1) No person shall carry on any nurses stablishment, except under a licence granted by the licensing authority and in accordance with the terms and conditions approved by the Council and specified in such license.

2. Any person who desires to carry on any nurses establishment shall apply to the licensing authority for a license before such date, in such manner and in such form as may be prescribed. He/She shall along with the application pay to the licensing authority the prescribed fee, half of which shall be refunded to him/her if the license is not granted.

3. The licensing authority may before granting such license impose such additional conditions as it may think fit for securing the proper conduct of the establishment.

4. The licensing authority may, after giving an opportunity to the person concerned of being heard, refuse to grant any license or revoke any license already granted, if,-

(i) the applicant or the holder of the license is belo

S.Part VI TRAINING INSTITUTIONS

S.25 Training Institutions

(1) The institutions which are approved and recognised by the Council after inspection by its representatives shall be competent to train nurse midwives, nurses, midwives, auxiliary nurse midwives, or health visitors and public health nurses as well as to train registered nurse midwives/nurses in other part certificate courses including degrees/diplomas by any University with the State of Sikkim, as approved recognized by Indian Nursing Council and to send them for examination for the qualifying certificates of the Council.

2. The Council may withdraw recognition from any such institution after its inspection by a representative appointed by the Council.

3. No school, college hospital' or other institution which is not approved and recognised under this section shall issue to any person a certificate or enter the name of any person in any document purporting to show that such person is qualified by reason of his having passed any examination or undergone any course of

S.26 Appeal against refusal to recognize institutions

Any person aggrieved by the refusal of the Council to approve and recognized any institution as competent to train nurses, midwives, auxiliary nurse-midwives, or health visitors may appeal, within ninety days from the date of such refusal, to the State Government against such order of refusal. The decision of the State Government on any such appeal shall be final.

S.Part VII MISCELLANEOUS

S.27 Removal of names from register on notice of death

Every Registrar of births and Deaths who receives notice of the death of any person whose name he knows to be or has reason to believe is entered in any Every Registrar of Births and Deaths who receives notice of the death of any person whose name he knows to be or has reason to believe is entered in any register, shall forthwith transmit by post to the Council a certificate of registration of such death signed by him and stating the time and place of death; and thereupon the name of such person shall be removed from the register.

S.28 Penalty for dishonest use of certificate

Any person who-

(a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him/her or to any other person,
(b) procures or attempts to procure registration under the provisions of this Act by making or producing, or causing to be made or produced any false or fraudulent declaration, certificate or representation, whether in writing or otherwise, or
(c) willfully makes or causes to be made any false representation in any matter relating to the register or certificate issued under the provisions of this Act,-shall, on conviction, be punished with fine which may extend to two thousand and five hundred rupees for the first offence and for any subsequent offence with fine which may extend to five thousand rupees or with simple imprisonment for a term which may extend to six months or with both.

S.29 Penalty for unlawful assumption of title of registered nurse, midwife, auxiliary nurse-midwife, or health visitor

Any person who, not being a registered nurse, midwife, auxiliary nurse-midwife, or health visitor, takes or uses the name or title of registered nurse, midwife, auxiliary nurse-midwife or health visitor or uses any name, title, description , prescribed uniform, object or sign board, with the intention that it may be believed, or with the knowledge that it is likely to be believed that such person is a registered nurse, midwife, auxiliary nurse-midwife or health visitor shall, on conviction, be punished with fine which may extend to one hundred rupees for the first offence and for any subsequent offence with fine which may extend to two hundred rupees or with simple imprisonment for a term which may extend to three months or with both.

S.30 Court competent to try offences under Act

No court other than a Magistrate of the First Class shall take cognizance of or try any offence under this Act.

S.31 Power of State Government to make rules

(1) the State Government may, after previous publication, by notification make rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules May be made,-

a. prescribing the manner in which elections and nominations of members of the Council and the elections of the President and Vice-President shall be made, and casual vacancies shall be filled under section 6;
b. prescribing the form in which a register shall be kept, the particulars to be entered in such register, and the parts into which such register shall be divided under section 14;
c. prescribing the courses of training and examinations including those for auxiliary nurse-midwives entitling a person to registration, the fee payable on application for registration, the form in which such applications shall be made, and the conditions subject to which names shall be entered in the register under section 1

S.32 Power of Council to make by-laws

(1) The Council may make by-laws not inconsistent with this Act or the rules-

a. for regulating the compilation, maintenance and publication of the register or list and the conditions of admission to the register or list;
b. for regulating the conduct of any examinations which may be prescribed as a condition of admission to the register and any matter ancillary to or connected with such examinations, including the courses of training which the candidates appearing for the examinations shall under go;
c. for determining the manner in which the list shall be maintained, the conditions which shall be fulfilled by persons whose names are to be entered in the list, the qualifying examination to be passed by persons whose names are entered in the list and for regulating the conduct or such examinations;
d. for the approval of any institution for the purpose of such training and the granting or diplomas to candidates passing the examinations;

S.33 Protection of persons acting in good faith under the Act, rules, or by-laws

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or bylaws.

S.34 Jurisdiction or Civil Courts

No act done in the exercise of any power conferred by or under this Act on the State Government or the Council or the Registrar shall be questioned in any Civil Court.

S.35 Control

(1) If at any time it shall appear to the State Government that the Council has failed to exercise, or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purpose of this Act until a new Council shall have been constituted under section 3.

2. When the State Government has dissolved the Council under sub-section

S.36 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act in consequence of conflict with any provision of a Central Act or account of any directions from the Government of India, the State Government, may by notification make such provisions as appear to it to be necessary or expedient for removing the difficulty.