The National Nursing and Midwifery Commission Act, 2023

(1) This Act may be called the National Nursing and MidwiferyCommission Act, 2023. (2) It shall come into force on 1such date as the Central Government may, by notification in the OfficialGazette, appoint; and different dates may be appointed for different provisions of this Act and any referencein any provision to the commencement of this Act shall be construed as a reference to the coming into forceof that provision.

In this Act, unless the context otherwise requires,-- (a) "Autonomous Board" means any of the Autonomous Boards constituted under section 11; (b) "Chairperson" means the Chairperson of the National Nursing and Midwifery Commissionappointed under section 4; (c) "Fund" means the National Nursing and Midwifery Commission Fund referred to in section 38; (d) "midwifery" means a skilled, knowledgeable, and compassionate care for childbearing women,new-born infants and families across the continuum from pre-pregnancy, pregnancy, birth, postpartumand the early weeks of life and includes-- (i) preventive measures; (ii) promotion of normal birth; (iii) detection of complications in mother and child; (iv) accessing of medical care or other appropriate assistance; (v) appropriate and timely referrals; and (vi) carrying out emergency measures as per the scope of practice as specified by the NationalNursing and Midwifery Commission; (e) "midwifery associate" means a member of the health team, who has acquired the recognisedqualification and is granted licence to practice as midwifery associate by the National Nursing andMidwifery Commission, who-- (i) assists doctors or nurse practitioners in midwifery in the delivery of babies; and (ii) provides care during pregnancy, labour and postpartum period and instruct parents in babycare as per the scope of practice specified by the National Nursing and Midwifery Commission; (f) "midwifery professional" means a person who has obtained the recognised basic or advancequalification and is granted licence to practice by the National Nursing and Midwifery Commission; (g) "National Commission" means the National Nursing and Midwifery Commission constitutedunder section 3; (h) "National Register" means the Indian Nurses and Midwives' Register maintained by the Nursingand Midwifery Ethics and Registration Board under section 25; (i) "notification" means a notification published in the Gazette of India or the Official Gazette of aState, as the case may be, and the expression "notify" with its grammatical variation and cognateexpressions shall be construed accordingly; (j) "nurse" means a healthcare professional who-- (i) has completed a formally recognised programme of basic, generalised nursing educationand who has acquired the requisite qualification and is granted licence to practice nursing by theNational Nursing and Midwifery Commission; and (ii) demonstrates competency in the practice of nursing; (k) "nurse practitioner" means a licensed nurse who-- (i) has completed a formally recognised advanced education and training programme and hasacquired the requisite qualification and is granted licence to practice by the National Commission;and (ii) demonstrates clinical competencies for the scope of practice, complex decision makingand have expert knowledge in the area of specialisation; (l) "nurse practitioner in midwifery" means a licensed nurse, who-- (i) has completed a formally recognised advanced education and training programme and whohas acquired the requisite qualification and is granted licence to practice by the NationalCommission; and (ii) demonstrates clinical competency for the scope of practice, complex decision making andhave expert knowledge in the area of specialisation; (m) "nursing" means the autonomous and collaborative care of individuals of all ages, families,groups and communities, sick or well and includes the promotion of health, prevention of illness, careof physically ill, mentally ill, disabled and dying people in all healthcare and other communitysettings by-- (i) carrying out healthcare teaching; (ii) participating fully as a member of the healthcare team; and (iii) supervising and training nursing and healthcare auxiliaries, additional key nursing rolesincluding advocacy, promotion of a safe environment, research, participation in shaping healthpolicy, in-patient health systems management and education; (n) "Nursing and Midwifery Assessment and Rating Board" means the Nursing and MidwiferyAssessment and Rating Board constituted under clause (b) of sub-section (1) of section 11; (o) "Nursing and Midwifery Ethics and Registration Board" means the Nursing and MidwiferyEthics and Registration Board constituted under clause (c) of sub-section (1) of section 11; (p) "nursing and midwifery institution" means an educational and training institution or a researchinstitution within India, recognised under this Act, which grants diploma or undergraduate orpostgraduate or any other post degree diploma or certificate in nursing and midwifery, and includesaffiliated colleges and deemed to be Universities; (q) "nursing and midwifery leader" means any nursing or midwifery professional, who is the Deanof a nursing educational institution, or Principal or Vice-Principal of a college of nursing, or NursingSuperintendent, or Chief Nursing Officer of the Nursing and Midwifery Department, in any institutionor healthcare facility and possessing such qualifications and experience as may be prescribed; (r) "Nursing and Midwifery Undergraduate and Postgraduate Education Board" means the Nursingand Midwifery Undergraduate and Postgraduate Education Board constituted under clause (a) ofsub-section (1) of section 11; (s) "nursing associate" means a member of the health team, who has acquired the recognisedqualification and is granted licence to practice as nursing associate by the National Commission, whoprovides care for the sick and injured including those in need of nursing care in varied health settingswithin his authorised scope of practice; (t) "nursing professional" means a nurse registered with the National Commission, having basic oradvance qualification and includes a nurse practitioner in any speciality; (u) "prescribed" means prescribed by rules made under this Act; (v) "qualification" means the level of courses such as diploma, undergraduate degree, postgraduatedegree and higher qualification including certification courses, inclusive of the specified curriculum ofsuch courses or programmes; (w) "recognised nursing and midwifery qualification" means a nursing and midwifery qualificationrecognised under section 28 or section 29 or section 32, as the case may be; (x) "registered professional" means any associate or professional in nursing and midwifery who isregistered with any of the State Commissions or, as the case may be, the National Commission undersection 25; (y) "regulations" means the regulations made by the National Commission under section 52; (z) "State Commission" means the State Nursing and Midwifery Commission constituted undersection 23; (za) "State Register" means the State Register for Nursing Professionals and MidwiferyProfessionals or the State Register for Nurse Associates and Midwifery Associates, maintained by StateCommission under section 25; (zb) "University" shall have the same meaning as assigned to it in clause (f) of section 2 of theUniversity Grants Commission Act, 1956 and includes an institution declared to be deemed Universityunder section 3 of that Act.

(1) The Central Government shall constitute aCommission, to be known as the National Nursing and Midwifery Commission, with effect from such dateas it may, by notification, appoint, for exercising such powers and discharging such duties as are laid downunder this Act. (2) The National Commission shall be a body corporate by the name aforesaid, having perpetualsuccession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and disposeof property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The head office of the National Commission shall be at New Delhi.

The National Commission shall consist of a Chairperson,sixteen ex officio Members and twelve Members as follows, namely:-- (a) a person having outstanding ability, proven administrative capacity and integrity and possessing apostgraduate degree in nursing and midwifery profession from any University with experience of not lessthan twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursingand midwifery leader, to be appointed by the Central Government--Chairperson; (b) one representative of the Department of Health and Family Welfare, Ministry of Health and FamilyWelfare, not below the rank of Joint Secretary to the Government of India who is in-charge of nursing andmidwifery--Member, ex officio; (c) one representative of the Ministry of Defence not below the rank of Additional Director General,Military Nursing Services to the Government of India in the Directorate General of Armed Forces MedicalServices--Member, ex officio; (d) one representative of the Directorate General of Health Services not below the rank of AdditionalDirector General--Member, ex officio; (e) one person representing the National Medical Commission not below the rank of Deputy Secretaryto the Government of India--Member, ex officio; (f) President of each of the Autonomous Boards constituted under section 11--Members, ex officio; (g) three persons, not below the rank of Chief Nursing Officer or Nursing Superintendent of any of thehospitals or Dean or Principal of College of Nursing, as the case may be, to be nominated by the CentralGovernment from Central Government hospitals or Nursing and Midwifery Institutions of repute in suchmanner as may be prescribedMembers, ex officio; (h) one person from each of the six zones, as may be prescribed, not below the rank of Chairperson,who shall be a nursing and midwifery professional, representing the State Commissions, on biennialrotation in the alphabetical order as per the zonal distribution of States and Union territories, to benominated in such manner as may be prescribed---Members, ex officio; (i) six nursing members of eminence, one from each of the six zones, as may be prescribed, from nursingand midwifery profession of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from any University and having experienceof not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shallbe as a nursing and midwifery leader, to be nominated by the State Governments in such manner as may beprescribed--Members: Provided that the States and Union territories represented under clauses (h) and (i) shall be distinct; (j) four nursing and midwifery members of eminence, of which at least two shall be midwiferyprofessionals, of outstanding ability, proven administrative capacity and integrity, possessing apostgraduate degree in any discipline of nursing and midwifery from any University and having experienceof not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shallbe as a nursing and midwifery leader, to be nominated by the Central Government in such manner as maybe prescribed--Members; (k) one person representing charitable institutions engaged in education or services in the field ofnursing and midwifery and having such qualification and experience, to be appointed by the CentralGovernment in such manner as may be prescribed--Member; and (l) a person of eminence to be appointed by the Central Government, in such manner as may beprescribed, from amongst persons of ability, integrity and standing, who have special knowledge andprofessional experience in such areas including management, law, medical ethics, health research,consumer or patient rights advocacy, science and technology and economics--Member.

(1) The Central Government shall appoint-- (i) the Chairperson and Members referred to in clauses (a), (j), (k) and (l) of section 4; (ii) the Secretary referred in sub-section (2) of section 8; and (iii) the President and Members of Autonomous Boards referred in sub-sections (3), (4) and (5) ofsection 12, on the recommendations of a Search-cum-Selection Committee consisting of-- (a) the Secretary, Ministry of Health and Family Welfare--Chairperson; (b) four nursing and midwifery experts possessing outstanding qualifications and experience of notless than twenty-five years in the field of nursing and midwifery education, public health nursingeducation and nursing health research, to be nominated by the Central Government in such manner asmay be prescribed--Members; (c) one person, possessing outstanding qualifications and experience of not less than twenty-fiveyears in the field of management or law or economics or science and technology, to be nominated bythe Central Government in such manner as may be prescribed--Member; and (d) an Additional Secretary or a Joint Secretary to the Government of India in-charge of nursing inthe Ministry of Health and Family Welfare, to be the Convenor--Member. (2) The Central Government shall, within one month from the date of occurrence of any vacancy,including by reason of death, resignation or removal of the Chairperson or Secretary or a Member, or withinthree months before the end of tenure of the Chairperson or Secretary or Member, make a reference to theSearch-cum-Selection Committee for filling up of the vacancy. (3) The Search-cum-Selection Committee shall recommend a panel of at least three names for eachvacancy. (4) The Search-cum-Selection Committee shall, before recommending any person for appointment ofthe Chairperson or Secretary or Member, satisfy itself that such person does not have any financial or otherinterest which is likely to affect prejudicially his functions as such Chairperson or Secretary or Member. (5) No appointment of the Chairperson or Secretary or Member of the National Commission or, as thecase may be, the President or Member of the Autonomous Boards, shall be invalid merely by reason of anyvacancy or absence of a Member in the Search-cum-Selection Committee. (6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee mayregulate its own procedure.