Law4u - Made in India

The Indian Nursing Council Act, 1947

Year of Passage: 1947 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Indian Nursing CouncilAct, 1947. 1[(2) It extends to the whole of India 2***.] (3) It shall come into force at once.

Section 2 Interpretation.

In this Act, unless there is anything repugnant in the subject or context,-- (a) "the Council" means the 1[Council] constituted under this Act; (b) "prescribed" means prescribed by regulations made under section 16;” (c) "2[State] 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 the 3[State]; (d) "2[State] register" means a register of nurses, midwives or health visitors maintained under thelaw of a 3[State]. 4* * * * *

Section 3 Constitution and composition of the Council.

(1) The Central Government shall, as soon asmay 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 theCouncil for the purpose of this clause in which training is given-- (i) for obtaining a University degree in nursing; or (ii) in respect of a post-certificate course in the teaching of nursing and in nursingadministration;] (c) one member elected from among themselves by the heads of institutions in which healthvisitors are trained; (d) one member elected by the Medical Council of India; (e) one member elected by the Central Council of the Indian Medical Association; (f) one member elected by the Council of the Trained Nurses Association of India; 3[(g) one midwife or auxiliary nurse-midwife enrolled in a State register, elected by each of theState Councils in the four groups of States mentioned below, each group of States being taken inrotation in the following order, namely:-- (i) Kerala, Madhya Pradesh and 4[Uttar Pradesh and Haryana], (ii) Andhra Pradesh, Bihar, 5[Maharashtra] and Rajasthan, (iii) 6[Karnataka], Punjab 7[Himachal Pradesh] and West Bengal, (iv) Assam, 8[Gujarat] 9[Tamil Nadu] and Orissa;] (h) the Director General of Health Services, ex officio; (i) the Chief Principal Matron, Medical Directorate, General Headquarters, ex officio; (j) the Chief Nursing Superintendent, office of the Director General of Health Services, ex officio; (k) the Director of Maternity and Child Welfare, Indian Red Cross Society, ex officio; 10[(l) the Chief Administrative Medical Officer (by whatever name called) of each State other thana Union territory, ex officio;] 11[(m) the Superintendent of Nursing services (by whatever name called), ex officio, from each ofthe States in the two groups mentioned below, each group of States being taken in rotation in thefollowing order, namely:-- (i) Andhra Pradesh, Assam, 5[Maharashtra], Madhya Pradesh, 9[Tamil Nadu], UttarPradesh12[West Bengal and Haryana]. (ii) Bihar, 13 [Gujarat], 7[Himachal Pradesh], Kerala, 6[Karnataka], Orissa, Punjab andRajasthan;] (n) four members nominated by the Central Government, of whom at least two shall be nurses,midwives or health visitors enrolled in 14[State] register and one shall be experienced educationalist; 15[(o) three members elected by Parliament, two by the House of the People from among itsmembers and the other by the Council of States from among its members.] (2) The President of the Council shall be elected by the members of the Council from amongthemselves: Provided that for five years from the first constitution of the Council the President shall be a personnominated from amongst the members of the Council by the Central Government, who shall hold officeduring the pleasure of the Central Government. (3) No act done by the Council shall be questioned on the ground merely of the existence of anyvacancy in, or any defect in the constitution of, the Council.

Section 4 Incorporation of the Council.

The Council constituted under section 3 shall be a body corporateby the name of the Indian Nursing Council, having perpetual succession and a common seal, with powerto acquire property both-movable and immovable, and shall by the said name sue and be sued.

Section 5 Mode of elections.

(1) Elections under sub-section (1) of section 3 by 1[State] Councils shall beconducted in accordance with rules made in this behalf by the respective 1[State] Governments, and whereany dispute arises regarding any such election it shall be referred to the 1[State] Government concernedwhose decision shall be final. (2) Other elections under that sub-section shall be conducted in the prescribed manner, and where anydispute arises regarding any such election, it shall be referred to the Central Government whose decisionshall be final.
PREMIUM OFFLINE ACCESS

Unlock More Sections Offline

Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.

Download Law4u App Available on Android & iOS