The Punjab Nurses Registration Act, 1932 Punjab Act-1 of 1952

Transcription

1 The Punjab Nurses Registration Act, 1932 Punjab Act-1 of 1952 WITH Nurses Registration Rules, 1936 The Punjab Nurses Registration Council Regulation The Punjab Nurses Registration Council (Reconstitution and Reorganization) Order, 1971 AS APPLICABKE TO PUNJAB 1987 Jain General House LAW BOOK PUBLISHERS AND DISTRIBUTORS S.C.O (2) SECTOR 17-D CHANDIGARH 1 [The Punjab Nurses Registration Act, 1932 (Punjab Act 1of 1932) CONTENTS CHAPTER - I Preliminary Sections 1 For Statement of Objects and Reasons, see Punjab Gazette, 1931, Part V, pages 56-7, for Report of the Select Committee, see Punjab Gazette,1932 Part V, pages 3-6, For Proceedings in Council, see the Punjab Legislative Council Debated, Volume XX, pages 59 and 174; Volume XXI, pages 15 and 748.

2 As applicable to Punjab 1. Short title and commencement. 2. Definitions. 2A. Constructions of certain references in the Act. CHAPTER- II Constitution of Council, Appointment of Office-bearers and the making of regulations. 3. Constitution of the Punjab Nurses registration Council. 3A. Temporary provisions in respect of Council. 3B. Constitution of Punjab Nurses Registration Council for a temporary period. 4. Term of office of members. 5. Cessation of membership. 6. Removal of any member. 7. Casual vacancies, how to be filled. 8. President and vice-president of the Council. 9. Term of office of vice-president. 10. Appointment of registrar and other officers or servants. 11. Quorum. 12. Power to make regulations. 13. Vacancies and irregularities not to invalidate proceedings. CHAPTER- III Registration of nurses, health visitors, midwives, nurse-dais, trained dais and dais. 14. Registration of nurses, health visitors, midwives, nurse-dais, trained dais and dais. 15. Registers to be maintained. 15A. Temporary provision in respect of registers. 16. Annual lists of nurses, health visitors, midwives, nurse-dais and trained dais. 17. Power to prohibit unregistered person from practicing. 18. Power to make bye-laws. 19. Confirmations and publication of bye-laws. 20. Power of Government to make rules. 21. Bar to suits in respect of acts done under this Act. 22. Exemption of registered medical practitioners from provisions of this Act. 23. Penalty fro dishonest use of certificate etc. 24. Penalty for unlawful assumption of title of registered nurse, health visitor, midwife, nurse-dais or trained dais. 25. Bar to prosecutions under the Act. Schedule. 2 [Received the assent of His Excellency the Governor on the 14 th April, 1932, and that of His Excellency the Viceroy and Governor- General on the 21 st May, 1932, and was first published in the Punjab 2 Substituted for the words East Punjab by the Adaptation of Laws (Third Amendment) Order, 1951

3 The Punjab Nurses Registration Act, 1932 Gazette, Extraordinary, of the 7 th June, LEGISLATIVE AMENDMENTS - Amended by Punjab Act 6 of Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.O.40) - Amended by the Adaptation of Laws Order, Amended by the Adaptation of Laws (Third Amendment) Order, Amended by the Punjab Act No. 16 of Extended to Pepsu Territory by Punjab Act 30 of Amended by Punjab Act 25 of Amended by SO 1740 G.O.I. Extra Part II Page Amended by Punjab Act 4 of 1980 An Act to provide fro the registration and better training of Nurses, Health Visitors, Midwives and dais in 3 [Punjab]. Preamble Whereas it is expedient to provide for the registration [and holding of examinations] of nurses, health visitors, midwives and dais in [Punjab] and to secure their better training, and whereas the previous sanction of the Governor- General under section 80-A of the Government of India Act has been obtained ; it is here by enacted as follows :- NOTE Statement of objects and reasons:- It is felt that the time has come when the interests of the increasing number of trained nurses, health visitors, midwives, nurse, dais and trained dais and of their clientele should be protected, and this can be best achieved by the registration and proper control of such nurse, health visitors, midwives, nurses, trained-dais and dais. Moreover, registration in itself supplies an incentive to take training and thereby improves professional standards. It is accordingly proposed to enact improves professional standards. It is accordingly proposed to enact measures on the lines of the law in force in Great Britain where there is a Council which deals with various questions relating to nurses, such as the training examination, registration, etc, of nurses and their removal from the register maintained under the authority of the Council. Provision also exists in the English Act forbidding any unregistered nurse of any title or name suggesting that such nurse is a registered nurse. As applicable to Punjab 2. The Madras Nurse and Midwives Act, 1926, which is based on the English Act, have already been passed into law, and a bill for the Punjab, has been made on the provisions or the English and Madras Acts. CHAPTER-I 3 Inserted by Punjab Act 16 of 1953, section 2.

4 As applicable to Punjab Preliminary 1. Short title, extent and commencement (1) This Act may be called the Punjab Nurses Registration Act, (2) It extends to 4 [Punjab]. (3) It shall come into force on such date as the 5 [State] Government may notify in this behalf. 2. Definitions:- In this Act, unless there is anything repugnant in the subject or context:- (a) 6 [ Council means the Nurses Registration Council established under this Act.] (b) dais means any person whether following a hereditary occupation or not, who ordinarily practices midwifery for gain and who has not passed any of the examinations in midwifery recognized by the Council ; (c) 7 health visitor means a person who has obtained the Health Visitor s Certificate from any Health School, institution or examining body recognized in this behalf by the Council or one who has been registered undue sub-section (2) of section 14: (d) midwife means any person who has obtained a certificate a diploma of midwifes from any institution or examining body recognized to the Council in this behalf by the Council or one who has been registered under subsection (2) of section -14. (e) nurse means a person who holds a certificate in nursing from any institution recognized in this behalf by the Council or one who has been registered under sub-section (2) of section 14; (f) auxiliary nurse and midwife means a person who has passed and examination prescribes in this behalf by the Council. ] (g) Nurse-dais means a trained dais who has passed the examination in nursing prescribed by the Council for nurse-dais. (h) prescribed means prescribed by this Act by rules, regulations bye-laws made under the Act. (i) register means a register maintained under section 15: (j) registered means a registered in accordance with the provisions section 14; (k) registered medical practitioner means a person registered under the Punjab Medical Registration Act [or any other corresponding for the time being in force]: (l) Trained dais means a dais who has been granted a training certificate under the bye-laws made by the Council, or one who has been registered in accordance with the provisions of clause (d) of sub-section (1) of section Substituted for the words East Punjab - which had been inserted for word the Punjab for the Indian Independence (Adaptation of Bengal,, Punjab Acts) order 1948 by the Adaptation of Laws Order It came into force on 2 nd September, Substituted for the word Provincial by the Adaptation of Laws On Clauses ( c), (d), (e) and (f) substituted by Punjab Act No. 16 of 19 section 3. 8 See. S.C.O. 1741, G.O.I. Extra Part II Page Sub-section(2) substituted by Punjab Act 16 of 1953, section 4(i)

5 The Punjab Nurses Registration Act, 1932 (m) unregistered means not registered in accordance with the provisions of section 14. (n) [Transferred territory means the territory forming part of the State of Himachal Pardesh by virtue of section 5 of the Punjab Reorganization Act (31 of 1966) read with section 3 of the state of Himachal Pradesh Act. 1970(53 of 1970)] 9 [2A Construction of certain references in the Act- In the application of the provisions of this Act. (1) to the Stte of Haryana, any reference therein to the expression State Government or Government shall be construed as a reference to the Government of the State of Haryana; and any reference to the Diretor of Health Services, Punjab in sections 3 and 8 shall be construed as a reference to the Director of Health Services, Haryana; (2) to the Transferred territory, any reference therein to the expression State Government or Government shall be construe4d as a reference to the Government of Himachal Pardesh (3) to the Union territory of Chandigarh, any reference therein to the expression State Government or Government shall be construed as reference to the Administrator of the Union territory of Chandigarh. CHAPTER II Constitution of Council Appointment of Office-Bearers and the making of Regulations 3. Constitution of the Punjab Nurses Registration Council (1) There shall be established a Council to be known as the Punjab Nurses Registration Council which shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued. (2) The Council shall consist of the following members, namely:- (a) The Director of Health Services Punjab. (b) Eight members to be appointed by the State Government from among the persons specified in the Schedule, four of whom shall be Nursing Superintendents, of the hospitals training candidate, for any of the examinations conducted by the Council. (c) Two registered nurses to be elected by the nurses registered under the Act. (d) One registered health visitor to be elected by the health visitors registered under the Act. (e) One registered midwife to be elected by the midwives registered under the Act. Provided that, should the registered nurses or the registered health visitors or the registered midwives fail after the occurrence of a vacancy to elect a member within such period as the State Government may be rule prescribe, the State Government may fill such vacancy by the appointment of a

6 As applicable to Punjab registered nurse, registered health visitor or registered midwife, as the case may be. (3) The appointment and election of members 10 [--] shall be notified by the 11 [State] Government. 12 [3A. Temporary provisions in respect of Council. Notwithstanding anything contained in this Act.] 1. The Punjab Nurses Registration Council constituted under section 3 and functioning and operating in the State of Punjab. Haryana, the transferred territory and the Union territory of Chandigarh immediately before the appointed day as defined in the Punjab Nurses Registration Council (Reconstitution and Reorganization) Order issued under section 4 the Inter State Corporations Act ( Central Act 38 of 1957) shall as from that date, stand dissolved and members thereof shall vacate their offices. 2. As from the date referred to in clause (1) the Government of Punjab shall constitute, Council for the State of Punjab in the manner specified in section 3 to be known as the Punjab Nurses Registration Council. Provided that the members referred to in clauses ( c) (d) and (e) of subsection (2) of section 3 shall be nominated by the Government of Punjab from amongst the registered nurses, health visitors or midwives, as the case may be. Ordinarily residing in the State of Punjab instead of being elected in the manner indicated in any of those clauses. Provided further that no person specified at serial No. (6) or serial No. (10) in the Schedule to the Act shall be appointed as a member of the said Council under clause (b) of sub-section (2) of section 3. (3) As from the date referred to in clause (1) the Government of Haryana shall constitute a Council for the State of Haryana in the manner specified in section. 3, to be known as the Haryana Nurses Registration Council: Provided that the members referred to in clauses (d) and (e) of subsection (2) of section 3 shall be nominated by the Government of the Haryana, from amongst the registered nurses, health visitors or midwives, as the case may be ordinarily residing in the State of Haryana, instead of being elected in the manner indicated in any of those clauses. (4) In respect of the transferred territory, the Government of Himachal Pradesh shall, until a Council is duly constituted fro the said area under section 3, exercise the powers, perform the functions and discharge the duties of the Council under this Act. (5) In respect of the Union territory of Chandigarh, the Administrator of the Union tertian shall until a Council is duly constituted for the said territory under section 3 exercise the powers, perform of the functions and discharge the duties of the Council under the Act. 10 The words other than those appointed by virtue of their office, omitted by Punjab Act 16 of 1953 section 4 (ii) 11 Substituted for the word Provincial by the Adaptation of Laws Order, See. S.O G.O.I. Extra Part II Page 1980.

7 The Punjab Nurses Registration Act, 1932 (6) The members of the Punjab Nurses Registration Council and the Haryana Nurses Registration Council constituted under this section shall notwithstanding anything contained in section 4 hold office for a period of five years from the date referred to in clause (1) or until such time as a Council is duly constituted under section 3 whichever is earlier. (7) The vice-president of each of the Council constituted under clauses (2) and (3) shall be nominated from amongst the members of the Council by the Government of the State for which the Council has been constituted. 13 [3B Constitution of Punjab Nurses Registration Council for a temporary period- (1) Notwithstanding anything contained in this Act. As from the commencement of the Punjab Nurses Registration (Amendment and Validation) Ordinance 1979 the State Government shall, in the manner specified in section 3, constitute a Council for the State of Punjab to be known as the Punjab Nurses Registration Council. Provided that the members referred to in clauses ( c), (d) and (e) of subsection (2) of section 3 shall be nominated by the State Government from amongst the registered nurses, health visitors or midwives, as the case may be instead of being elected in the manner indicated in those clauses. (2) The Vice-President of the Punjab Nurses Registration Council shall, notwithstanding anything contained in sub-section (2) of section 8, also be nominated by the State Government from amongst its members. (3) Each member of the Punjab Nurses Registration Council including the Vice-President other than the member appointed by virtue of his office shall, notwithstanding anything contained in sub-section (1) of section 4 and sub-section (1) of section 9, hold office for a period of two years from the dated of nomination or until the Council is duly constituted under section 3, whichever is ear lies. 13 See Punjab Act 4 of Substituted by Punjab Act 16 of 1953, section 5, for three 15 Added by ibid. 16 Substituted for the works Provincial by the Adaptation of Laws order substituted by Punjab Act 16 of 1953, section 6 for clauses (c ) and (d) 18 the words by name omitted by Punjab Act 16 of 1953 see on 7 19 The words the Medical Council or and as the case may be, omitted by ibid. Section 8 20 Substituted for the word Provincial by the Adaptation of Laws Order, Substituted by Punjab Act 16 of 1953, section 9, for the Inspector General of Civil Hospitals. 22 East Punjab which had been inserted for the word the Punjab by the Indian Independence (Adoption of Bengal and Punjab ) Acts Order, th Adaptation of Laws Order, Substituted by Punjab Act 16 of 1953, section 10 for three 24 Substituted for the word Provincial by the Adaptation of Laws Order, Substituted for the word Gazette by the Government of India ( Adaptation of Indian Laws) Order, 1937.

8 As applicable to Punjab Validation- Notwithstanding anything contained in this Act (a) anything done or any action taken or purporting to have been done or taken by the Council as it existed immediately before the first day of May, 1976, or by the Director, Health and Family Welfare or any other officer authorized by him, during the period commencing from first day of May authorized by him, during the period commencing from first day of May 1976, and cording on the commencement of this Act. Under the provisions of the principal Act or the rules made there under including the appointment of the Register and other staff of the Council and registration of persons under the principal Act shall be deemed to be as valid and effective as it would have been if a duly constituted Council had been in existence and all such things or actions had been done or taken by that Council during the aforesaid period and accordingly no such thing or action shall be called into question merely on the ground that no duly constituted Council had been in existence, or that any such thing or action was done or taken by the Director, Health and Family Welfare or any other officer authorized by him, during the aforesaid period ; and (b) any appeal under sub-section (3) of section 14 of the principal Act, which could be filed during the period referred to in clause (a) may be filed within a period of thirty days of the constitution of the Punjab Nurses Registration Council under section 3-B: (c) Provided that in counting the period of thirty days the time spent in obtaining a copy of the order appealed against shall be excluded] (4) Term of office of members (1) Except as otherwise provided in section 3 and in this section the term of office of a member of the Council other than a member appointed by virtue of his office, shall be 14 [five] years and shall commence from the date of publication of the notification of this election or appointment. 15 [ A member other than a member appointed by virtue of office when appointed in place of a member who has for any reason, vacated his office earlier than his term, shall hold office for the remaining period of the term of the member in whose place he has been nominated or elected.] (2) The term of office of a member of the Council appointed by virtue of his office shall continue so long as he holds the office in virtue of which he is such a member. (3) Notwithstanding anything contained in this Act. An outgoing, member shall, unless the 16 [State] Government otherwise directs, continue in office until the election or appointment of his successor s notified. (4) An outgoing member may if otherwise qualified be re-elected or reappointed. (5) Cessation of membership---- A member of the Council shall be deemed to have vacated his seat---- (a) if he submits his resignation in writing to the president of the Council; (b) if he has, in the opinion of the Council without sufficient excuse, been

9 The Punjab Nurses Registration Act, 1932 absent from three consecutive meetings of the Council. (c) [if he has been absent out of India for more than one year continuously; (d) if in the case of a member under clause (c ), (d) or (e) or sub-section (2) of section 3. the ceases to be a registered nurse, a registered health visitor or a registered midwife, as the case may be;] (e) if he refuses to act or becomes, in the opinion of the Council, in capable of acting, or has been declared a bankrupt or an insolvent or has been convicted of any such offence or subjected by a criminal court to any such order as implies, In the opinion of the Council, a defect of character which unfits him to be a member. (6) Removal of any member Notwithstanding anything contained in this Act, the 17 [State] Government may at any time, fro any reason which it may deem to affect the public interests or at the request of a majority of a twothirds of the members of the Council, by notification direct that the seat of any specified member, whether elected or appointed 18 [---] shall be vacated on a date specified in the notification and such seat shall thereupon be vacated accordingly. (7) Casual vacancies, how to be filled. ---(1) When the seat of an elected member becomes vacant under the provisions of section 5 or by his death, resignation or removal a new member shall be elected in accordance with the provisions or this Act. (2) When the seat of an appointed member becomes vacant under the provisions of section 5 or by his death, resignation or removal, 19 [----] the 20 [State] Government [ ] shall appoint another member in his place. (8) President and vice-president of the Council, --(1) 21 [The Director of Health Services] 22 [Punjab] shall be the president of the Council. (9) Term of office of vice- president. -- (1) the term of office of a vice-president shall be 23 [five] years. (2) A vice-president may resign his office by notice in writing to the on his resignation being accepted by the Council the office shall become vacant. (3) When the notice of (10) Appointment of registrar and other officers or servants The Council shall appoint a registrar who shall also act as treasurer unless the Council appoints another person as treasurer, and may appoint such other officers or servants as it may deem necessary and every person so appointed shall, subject to the rules, be removable from office at the pleasure of the Council and shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (11) Quorum--- The quorum necessary for the transaction of business at a meeting of the Council shall be such number or proportion of the members of the Council as may, from time to time, be a quorum present or not. (12) Power to make regulations (1) The Council may make regulation consistent with this Act and with the rules made there under to provide for all or any of the following matters, namely:-

10 As applicable to Punjab I. the time and place of its meeting. II. the manner in which notice of a meeting shall be given; III. the conduct of business at a meeting, the record of proceedings and the adjournment of meeting. IV. the quorum necessary for the transaction of business at a meeting: V. the appointment and constitution of sub-committees for any purpose relating to any matter with which the Council is empowered to deal and the co-option of persons specially qualified to advise on any particular matter; VI. the payment of fees and traveling allowance to member for attendance at meetings of the Council; VII. the custody of the common seal and the purposes for which it shall be used; VIII. the persons by whom receipts shall be granted on behalf of the Council for money received under this Act.; IX. the appointment, duties executive power, leave suspension and removal of its officers and servants and the payment of salaries or allowances to such persons. (2) No regulation made under the provisions of sub-section (1) shall take effect until it has been confirmed by the 24 [state]. Government and published in the 25 [Official Gazette] (13) Vacancies and irregularities not to invalidate proceedings.--- No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy in the Council or account of any defect or irregularity not effecting the merits of the case. CHAPTER III Registration of Nurses, Health Visitors, Midwives, Nurse-dais, Trained dais and dais. (14) Registration of nurses, health visitors, midwives, nursedais trained dais and dais--- (1) Every person who complies with such conditions and restrictions as may be prescribe by the Council and--- (a) has undergone the necessary course of training or passed the examination; if any, prescribed for nurses, health visitors, midwives, nurse-dais 26 [auxiliary nurses and mid-wives].or trained dais, or (b) is registered as a nurse r midwife 27 [or health visitor] by any association which is recognized by the 28 [Council] or. (c) Is able to saucily the Council that he has anywhere in India undergone a course of training or passed an examination, similar to the course of training and examination referred in clause (a) and recognized by the [Council] (d) Is ahead employed or plasticizing in Punjab as a dais, or is doing the 26 Inscribed by Punjab Act 16 of 1953, section II (a) (i) 27 Inserted by ibid, section 11 (a) (iii). 28 Substituted by ibid, section 11 (a) (ii) or provincial (State) Government

11 The Punjab Nurses Registration Act, 1932 name work as a nurse health visitor, midwife, nurse-dais, when this Act comes into force. May apply to the registrar to have his name registered: Provided that an application from a person who claims to be registered under clause(d) shall not be entertained unless it is received within 29 [five years] from the date on which this Act comes into force. 1. (a) If the registrar is satisfied that any nurse, health visitor,mid-wife, nurse-dais, 30 [auxiliary nurse and midwife] or trained dais applying under clause (a) or clause (b) of sub section (a) is entitled to be registered he shall on payment of such fees as may be prescribed, enter the name of such nurse, health visitor, midwife, nurse-dais, [auxiliary nurse and midwife] or trained dais in the prescribed register; (b) if the registrar is satisfied that any person applying under clause (c) or clause (d) of sub-section, (1) is entitled to be registered as a nurse, health visitor, midwife, nurse-dais, [auxiliary nurse and midwife] or trained dais as the case may be, he shall lay the application before the Council with a recommendation that he be permitted to enter the name of such person in the prescribed register, and shall not make any entry in the prescribed register in respect of such person until the entry in the prescribed register in respect of such person until the entry is permitted by the Council to be made: Provided that The words, five years were substituted for the words three years by section 2 of the Act 6 of Inserted by Punjab Act 16 of 1953, section 11 (b) (i) 31 the words in the case of a person, applying under clause or clause (d) of sub-section (1) is held by the council omitted by punjab Act 16 of 1953, section 11 (b) (ii) 32 New clause (iii) of first proviso, added by ibid, section 11 (b) (iii) 33 Substituted for the word Provincial by the Adaptation of Laws Order, The word Clause (ii) of omitted by Punjab Act 16 of 1953, s. 11 (b) (w). 35 See unrepeated Central Acts, Volume 1 36 Substituted by Adaptation of laws Order, 1950, for East Punjab 37 New clause (f) added by Punjab Act 16 of 1953, section 12 (i) 38 Inserted by ibid, section 12 (ii) 39 Inserted by ibid, section 12 (ii) 40 Substituted by Punjab Act 16 of 1953, section 12 (iii) 41 See S.O G.O.I. extra Part II Page The words in every year omitted by ibid, section Inserted by Punjab Act 16 of 1953, section Substituted for the words by a Magistrate of the First Class by Punjab Act 25 of Substituted for the words Provincial by the Adaptation of Laws Order Inserted by ibid section Substituted for the words Provincial by the Adaptation of Laws Order, Inserted by ibid, section Inserted by Pb. Act of 16 of 1953 section Inserted by Pb Act 16 of 1953 section New clauses (e), (f) (g) (h) (i) and (j) added by ibid. 52 The words and figures suction 17and 18 were substituted for the words end figures sections 16and17 by Punjab Act 6 of 1936, section Substituted for the word provincial by the Adaptation of Laws Order, Substituted for the word Gazette by the Government of India (Adaptation of Indian Laws ) Order 1937

12 As applicable to Punjab (i) (ii) (iii) the registrar on receiving an application under clause (a) or clause (b) of sub-section (1) from any person in respect of whom he considers that the Council may wish to exercise its powers of refusal under clause (ii) of this proviso may refer the said application to the Council or to an sub-committee appointed by the Council for that purpose and shall not make an entry in the register in respect of such person until the entry is permitted by the Council to be made: the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council any defect of character such as would render him unfit for duty or who, after, an enquiry at which opportunity has been given to such person to be heard in person or by pleader has been held by the Council to have been guilty of any professional misconduct or 31 [---] not to possess satisfactory professional qualifications. 32 [the Council may at any time, issue a warning to or direct the removal of the name of a registered person for any of the reasons for which it could refuse to permit the registration of such person after an enquiry at which opportunity has been given to such person to be heard in person or by a counsel ] Provided further that an appeal may b preferred to the 33 [state] Government from an order of the Council passed under 34 [****] the first proviso to this sub-section if such appeal is made within one month [or such period as may be extended on sufficient cause shown for not preferring the appeal within time from the date of receipt of the registered notice intimating that the council has refused to permit the registration or has removed the name of such person]. 2. If the registrar is not satisfied that such nurse, health visitor, midwife, nurse-dais, [auxiliary nurse and midwife,] trained dais or dais is entitled to be registered he shall reject the application, provided that an appeal shall lie to the Council from such an order of the registrar if such appeal is preferred within one month from the date of dispatching by registered post a notice addressed to the applicant at the address from which the application was sent intimating that such application has been rejected. 3. For the purpose of an enquiry under 35 [ --] the first proviso to subsection (2) or of any appeal under sub-section (3) the Council shall be deemed to be a court within the meaning of the India Evidence Act, 1872 and shall exercise all the powers of a Commissioner under the [Public Servants (Inquiries) Act, 1850, and such enquiry or appeal shall be conducted, so far as may be in accordance with the provisions of section 5 and sections 8 to 20 of the [Public Servants (Inquiries) Act, 1850; provided that nothing contained in any Act shall prevent the Council from holding an enquiry or hearing any appeal in camera.; Provided further that the Council may direct that any such inquiry or appeal shall be heard by a committee of the Council composed of such members of the Council as the Council may direct.

13 The Punjab Nurses Registration Act, 1932 (15) Registers to be maintained (1)The registrar shall maintain the following registers (a) a register showing the name and address of each registered nurse in Punjab. (b) a register showing the name and address of each registered health visitor in 36 [Punjab]. (c) A register showing the name and address of each registered midwife in punjab; (d) a register showing the name and address of each registered nurse-dais in Punjab; (e) a register showing the name and address of each registered trained dais in Punjab; (f) 37 [a register showing the name and address of each registered auxiliary nurse and midwife in Punjab]. (2) The Registrar shall keep the registers in accordance with the provisions of this Act and of any rules or bye-laws made there under and shall from time to time make all necessary alterations in the names of any such nurses, health visitors, midwives, nurse-dais, 38 [auxiliary nurses and midwives] or trained dais and remove the name of any such person who is dead. (3) To enable the registrar to fulfill the duties imposed upon him by subsections (1) and (2) he may send through the post a registered letter to any person registered as a nurse, health visitor, midwife, nurse dais, 39 [auxiliary nurse and midwife], or trained dais, addressed according to his registered address for the purpose or enquiring whether he has ceased to practice or whether his residence or address has been changed and if no answer to any such letter is received within a period of six months from its dispatch the registrar may remove the name of such person from the prescribed register: 40 [Provided that any item removed under this Act may, on representation made in this behalf, be reentered in the register, subject to such conditions and payment of fees as may be specified in the direction of the Council, or the appellate authority, if an appeal was preferred against the order of removal.] (4) Entry in the registers which is proved to the satisfaction of the Council to have been fraudulently made shall be removed or corrected in pursuance of a resolution of the Council. 41 [15 A. Temporary provision in respect of registers --- All nurses, health visitors and mid-wives, who immediately before the appointed day, as defined in the Punjab Nurses Registration Council (Reconstitution and Recorganisation ) Order 1971, issued under section 4 of the Inter State Corporations Act, 1957 (Central Act 38 of 1957) were on the registers maintained under this Act, shall, on and from that day, without further fee or charge, continue to be on the registers of the State of Punjab and Haryana, the transferred territory and the Union territory of Chandigarh for a period of six months from the appointed day and thereafter, on the register of any of the said States or territory in which the registered person desires to continue his or her registration: Provided that such registration shall continue for the period fro which it was made until the register is duly amended or until the name is duly removed under the Act. ]

14 As applicable to Punjab (16) Annual list of nurses, health visitors, midwives, nurse-dais and trained dais.--- (1) The registrar shall 42 [---] on or before a date to be fixed in this behalf by the Council cause to be printed and published correct lists of the names for the time being entered in the registers setting forth:-- (a) the names entered in the respective registers, arranged in alphabetical order: (b) the registered address of each person whose name is entered in the register and (c) the registered qualification of each such person and the date on which such qualification was certified. (2) Every court shall presume that any person whose name is entered in the latest of such lists is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act: Provided that in the case of any person whose name does not appear in such lists, a certified copy signed by the registrar, of the entry of the name of such person in the registrars shall be conclusive evidence that such person is registered under this Act. Provided further that s certificate purporting to be signed by the registrar stating that the name of a person has been removed from such register and specifying the date of such removal shall be conclusive proof of the fact and date of such removal. (17)Power to prohibit unregistered parsons from practicing-- (1) Any local authority may make bye-laws prohibiting unregistered persons from practicing as nurses, health visitors, midwives nurse-dais, 43 [auxiliary nurses and midwives] trained dais or dais within the are subject to its authority and may in such bye-laws provide that any person practicing in contravention of such byelaws or any person committing or abetting the commitment of breach of any such bye-laws shall be liable on conviction 44 [by a Judicial Magistrate of the first class] to a fine not exceeding fifty rupees for a first offence, or to a fine not exceeding two hundred and fifty rupees fro a second or subsequent offence. (2) If any local authority fails to make bye-laws under sub-section (1) the 45 [state] Government may be notification prohibit unregistered persons from practicing as nurses, health visitors, midwives nurse-dais, [auxiliary nurses and midwives]. trained dais or dais within the area subject to such local authority, and any unregistered person practicing in contravention of such notification shall be liable on conviction 46 [by it judicial Magistrate of the first class], to a fine not exceeding fifty rupees for a first offence or to a line not exceeding two hundred and fifty rupees for a second or subsequent offence. (3) 47 [Notwithstanding anything to the contrary in any enactment, rule, bye-law or other provision of law for the time being in force, no person other than a registered nurse, a registered health visitor, a registered midwife, a registered nurse dais, a registered auxiliary nurse and midwife, a registered trained dais or dais shall be competent to hold any appointment or be employed as such in any hospital, asylum, infirmary dispensary, lying-in-hospital, nursing home, maternity home, health center or other such institution, private or public, whether supported by voluntary contributions or not.]

15 The Punjab Nurses Registration Act, 1932 (18) Power to make bye- Laws--- The Council may, after previous publication, make bye-laws.--- (a) to prescribe the courses of training of, and qualifications for the registration of nurses, health visitors, midwives, nurse-dais, 48 [auxiliary nurses and midwives] or trained dais: and to provide for the recognition of institutions competent to give such training: (b) to regulate the issue of certificates, the maintenance of registers and the conditions of admission of names of persons to such registers and to prescribe the form of application for such admission and the uniform or badge to be worn by registered nurses, registered midwives, registered nurse-dais, 49 [registered auxiliary nurses and midwives,] registered trained dais while on duty; (c ) to prescribe the fees for registration and the re-entry of names re-moved from the registers; (d) to regulation the publication of lists of registered nurses, registered health visitors, registered midwives, registered nurse-dais, 50 [registered auxiliary nurses and midwives, or registered trained dais; (e) 51 [to regulate the conduct of and prescribe fees for examination of nurses, health visitors, midwives, nurse-dais, auxiliary nurses and midwives and trained dais; (f) to confer, grant of issue diplomas, licenses, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice or otherwise work as nurse, midwife, auxiliary nurse ad midwife, health visitor, nurse-dais, or trained dais; (g) to prescribe lees for the affiliation of institutions recognized as training schools for nurses, midwives, nurse-dais, auxiliary nurses and mid-nurse-dais or trained dais; (h) to prescribe the scale of fees, remuneration and traveling allowance to Examiners Supervisors, Invigilators and other Persons appointed by the Council for the conduct of examinations. (i) to prescribe the prices of Publications of the Council; (j) to regulate the conduct of registered persons.] (19) Confirmation and Publication of bye-laws (1) No bye-law made under 52 [sections 17and 18] shall come into force until six weeks after it has been confirmed by the 53 [state] Government and published in the 54 [ Official Gazette] (2) The [state] Government may cancel its confirmation of any such bye-laws and thereupon the bye-law shall cease to have effect. (20) Power of Government to make rules-- (1) The [state ] Government may, after previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, the [state] Government may make rules -(a) to regulate elections under section 3 ; Nurses Registration Rules 1936

16 As applicable to Punjab Rules under section 20 of the Punjab Nurses Registration Act, 1932 Election of Members and of Vice- President [vide section 20(2) (a) the Act] PART I 55 (1) Definitions--- (a) roll means the Punjab Nurses Registration Act, 1932 (b) the Act means the Punjab Nurses Registration Act, 1932 (c) the Council means the Punjab Nurses, Registration Council. (d) the President means the President of the Punjab Nurses Registration Council. (e) The Registrar means of the Registrar of the Punjab Nurses Gegistraration (2) Appointment of members of the Punjab Nurses Registration Council--- The Registrar shall maintain a list in Form I appended to these Rules, containing the names of members elected on the Punjab Nurses Registration Council, the elect orated they represent, the date of election of each such member, the term of his office and date of retirement, resignation, death of removal of each such member. The list shall also contain similar particulars in regard to the members nominated by Government. The Registrar shall keep the list always up to date so that it may show at a glance when the election or nomination, as the case may be, has to be made. (3) Ninety days before the expiration of the term of office f any member appointed on the council, the Registrar shall make a report in writing regarding the vacancy of the president if vacancy be in respect of an elected member and to Government through the President if the vacancy is to be in respect of a nominated member. (4) If a vacancy occurs in the office of a member of the Council previous to the expiry of his term of office to rough resignation, death, removal or disability of such member or otherwise, the Register shall make a report in writing regarding the vacancy to the President of the vacancy be in respect of an elected in respect of nominated member. (5) Procedure to be observed for filling vacancies on the Punjab Nurses Registration Council A vacancy occurring in any manner whatsoever in relation to ban elected member shall be filled by election in the manner hereinafter provided. The State Government shall appoint any person as a Returning Officer (i) in the case of a vacancy to arise as a result of the expiry of the term of any member, not later than 50 days, before the expiry of such term and. (ii) in the case of a vacancy occurring as a result of death, resignation or removal as soon after resignation or removal as 55 Published aide Punjab Government, Medical Department, notification No. 2860, Mo , dated the 22 nd February. 1936

17 The Punjab Nurses Registration Act, 1932 may be concernment. And issue a notification in the official Gazette of the coming election, for the information of the electorate and requiring the election of the member by a date specified therein. (6) The following procedure shall be adopted for the filling of vacancies by election:- (1) The electoral Roll fro the members to be elected under suction 3(2) of the Act shall be prepared from the Register of Nurses registered under the Act the Electoral Roll for the member to b elected under section 3(2) (d) of the Act shall be prepared from the Register of Health visitors registered under the Act, and the electoral roll for the member to be elected under section 3(2) (e) of the Act shall be prepared from the Register of Midwives registered under the Act. The electoral Rolls shall be prepared by the Registrar in Form II appended to these rules. (2) Candidates qualified for being elected shall be proposed and seconded by persons qualified as electors in Form III appended to these files. No elector shall propose or second the nomination o f more persons than are required to ill up the vacancy or vacancies. If more nominations than are required to fill up the vacancy or vacancies. If more nominations than are required to till up the vacancy or vacancies be subscribed by the same elector al nominations subscribed by him shall be held to be void. (3) The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected. In the absence of such a declaration the nomination shall be treated as invalid. (4) Every proposal for nomination shall be in writing, and shall be signed by the proposed and seconded, and sent by registered post or delivered personally to the Returning Officer so as to reach him not less than twenty-eight days before such date a may be notified in this behalf. (5) Any candidate shall be at liberty to withdraw his candidature within seven days from the last date fixed for the receipt of nomination paper. (6) If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be elected. (7) If in case of any such election more candidates than are necessary to fill up the vacancy or vacancies are nominated, the Returning Officer, after scrutiny of the nomination papers, shall forth with publish their names and addresses in the Punjab Government Gazette and shall further cause their names to be entered in ballot paper in Form appended to these rules. (8) Twenty-one days before such date, as may be appointed by Returning Officer in this behalf, the Returning Officer shall send by post and under certificate of posting to cab elector a ballot paper in Form IV appended to these rules, signed by the Returning Officer. (9) Before such date, as may be appointed by the Returning Officer in this behalf, every elector, desirous voting, shall send by registered post his ballot paper to the Returning Officer after recording his vote or votes and affixing his signature thereon in the manner prescribed therein;

18 As applicable to Punjab Provided that any ballot paper; which is not received by the Returning Officer before 12 noon on the date preceding the date fixed for the counting of votes or which does not in any way conform to these rules shall be rejected. (10) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may also be present either in person or an accredited representative at the counting of votes. (11) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates as the case may be, to whom the largest number of votes has been given to be elected., and shall forth with inform the successful candidates by letter of their having been elected to the Council. (12) When an equality of votes is found to exist between any candidates and the addition of the vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer in the presence of the candidates or their representatives who may be present at the time of the counting of votes. (13) Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal the voting paper and all documents relating to the Election and shall retain the same with himself for a period of six months and thereafter cause them to be destroyed. (14) The Returning Officer shall notify in the Punjab Government Gazette and in such other manner as the Council may deem fit, the date time and place fixed for each of the following proceedings:- (i) the date fixed for the receipt of nomination paper. (ii) the date fixed for the withdrawal of the nomination; (iii) the date fixed for the issue of the voting papers by the Returning Officers. (iv) The date fixed for the receipt of the ballot paper by the Returning Officer; (v) The date fixed for the counting of the ballot papers. (7) The State Government may, of its own motion, or on an objection made before it, declare any election that has been held to be void on account of co-operate practice or any sufficient cause and may call upon the electorate to make a fresh election; The decision of the State Government under this rule shall be find. (8) If any question arises as to the intention, construction or application of any of these rules, which in the opinion of the Returning Officer should be referred to the State Government, the Returning Officer shall refer such question to the State Government, whose decision thereon shall be final. (9) After the declaration of the election of any member, and when the President himself is not the Returning Officer, after the receipt by him of notice of such election from the Returning Officer, the President shall publish the notice of the election ins the Official Gazettes and

19 The Punjab Nurses Registration Act, 1932 sent a copy to the State Government. Election of the Vice-President (vide Section 9 of the Act) (10) Election of Vice-President:-- (1) No election of a Vice-President of the Council shall be held at a meeting unless not less than fourteen days notice of the holding of such meeting has been given to all member of the Council by the delivery at their ordinary place of residence of a notice, which shall specify that such election is to take place at the meeting in question. (1) A candidate for election to the office of Vice-President shall be nominated by a proposed and a secondary who shall be members of the Council present at eh meeting. (2) The person elected shall assume office from the date of election. (11) Ballot to be taken ;- Voting for the office of Vice-President shall be by ballot, and if only one candidate for the office is proposed, the members present shall be required to vote by writing Yes or No on the ballot paper, and if a majority of votes is not in the affirmative, the election shall be postponed to the next meeting shall not have a casting vote. (12) Method of Electing Vice-President. When the office of Vice- President of the Council has to be filled. (a) if one candidate obtains more votes, than any other, then such candidate shall b e deemed to be elected: (b) if two or more candidates obtain an equal number of votes, the Chairman of the meeting shall decide between the candidates by drawing lots in the presence of all the members of the Council who may attend, after due notice to be present fro the purpose. PART II The Form of the Registers 9Vide Section 24 (2) (b) of the Act) Separate registers for nurses, health visitors, midwives, nurse-dais and trained dais shall be maintained in Form VI appended to these rules. PART III Rules regulating the restoration of name to a Register vide Section 20 (Vide Section 20 (2) (e) of the Act. 1. When the name of a registered person has been removed from the register, an application of the restoration of the name of such person shall be made in writing address to the Registrar and shall be signed by the applicant stating the grounds on which the application is made. 2. The application shall contain the names and addresses of two or more persons of whom two shall be magistrates or registered medical practitioners or persons of whom two shall be magistrates or registered medical practitioners or persons registered under the Act. 3. The Council may require the applicant to verify by an affidavit or declaration on oath before a magistrate any such statement made in his application, or any further statement which it thinks fit and may further require the applicant to attend in or at a meeting of the Council at such the matter is to be considered.