, Preamble, Short title, elttent and C"ommence ment.
Definitions.
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ASSAM ACT U OF 194.4.
THE ASSAM NURSES', MIDWIVES' AND HEALTH*~ VISITORS' REGISTRATION ACT,. 194.4 (Published in the Assam Gazelle of the Slh April 1944,] An Act to prol;idt for the registration and better training of nurses, midwioes and health tisitors in Assam .
• WuEREAS it is expedient to provide for the registration of nurses, midwives and health ,·isitors in Assam;
AND WHEREAS the previous sanction of the Governor has been obtained under section 119(1) of the Government of India Act, 1935 to the introduction or this Bill ;
It is hereby enacted as follows:-
1. (1) Tbis Act may be called the Assam Nurses', Mid wives' and Health Visitors' Registrati0n Act. 1944.
(2) It extends to t~e whole of Assam.
(3J It shall come into force on such date!. as the [State]2 Government may, by notification direct.
2. In this Act, unless there is anything repugnant in the subject or context-
(a) "Council" means the Assam Nurses,' Midwives' and Health Visitors' Council constituted under section 3.
tb) "Institution" includes any association which maintains or controls a nursing establishment.
(c) "Prescribed" means prescribed by rules or regula tions made under this Act.
(d) "Register" means a register maintained under section 13 and "registered" means registered under the provisions of this Act.
(e) "Notification" means a notification published in the official Gazette.
(f) "Nurse" includes a male nurse.
Establish- 3. The [State]2 Go,ernment mav, by notification in ment and the official Gazette, establish a Council 3 to be called the ~~~~r~:b; "Assam Nurses', Midwives' and Health Visitors' Council" Council. for the purpos'!S of carrying out the provisions of this Act.
Such Council shall be a body corporate and have perpetual succession and a common seat and may, by the said name sue and be sued.
Constitulion 4. T he Counc\1 shall consist of ~e following ex-Cijficio of tbe . and pominated merbbers- Councll . (l j the Inspe~or General of Civil Hospitals, Assam who ~;hal l J>e the Pres~ent ;
•F'or Statement of Objects and Reasons see Assam Gazette, Part Vo page 10, 1942, 1 1Stb November 19-i4 (su Notification No.MMD.J32,.Uj38, dated 1hb November 1944); see also Notification No. MMD.
132/44(39, dated lith Nove.mbe1 194·~ bringing the Act in force toP. E. Areas.
~ Substituted by A. 0. 1950 for ·•Provincial".
s Established under N .ti6o;ation No.M~1D. 132/·14/40, dated 11th Novembe1· 1944.
[ Prica annas 4 or Sd. [ • , Publication of names of members.
Term of office of the nominated membera.
2
(2) the Nursing Superintendent, Welsh Mission Hos pital, Shillong ;
(3) the Medical uperintendent, Welsh :\1ission Hos pital, Shillong ;
(4) the Nursing S ·perintendent, St. Luke's Mission Hospital, Cbabua ;
(5) the Medical S erinte.ndent, American :\1ission Hospital, Gauhati ;
(6) The Nursing Su Hospital, Jorhat ;
American Mission
(7) The Nursing Supe intendent, Ganesh Das Hos pital, Shillong ;
(8) one doctor from [th district of Cachar] 1 to be nominated by the [Stat('J2 Gov rnment on the recommen dation of the Assam Medical C uncil ; and
(9) One registered midw· e or health visi to!' to be nominated by the (State]2 Cove ment . 11'-e..'--M
5. The name of every member nominated'll.mder section 4 shall be published by the [State]2 Government in the offi cial Gazette.
6. (1) Subject~the prov~· ions of sectil7 an section 8 , the term of office of the no ina ted Me ber sH 11 be three years.
(2) A nominat d member hall be eli 'ble for renomination at the end f his term office.
(3) The powers of the Council may be exercist'd notwithstanding any vacancy in the number of hs members fixed by section 4.
f illing up of 7. If any memb ·dies or resigns his ember-ship or l'Jtsual ceases to b:: a member s provided in section , the ,·acancy acancies. shall be filled within one onth of the notifi tion of the Cessation of member ship.
vacancy by fresh nominat n under section 4.
Provided that any per n nominated to vacancy shall hold office ly so long as th in whose place the nomina ·on is made would office. 0'(~ a cawal member ve held
8. A nominatectrmember of the Council shall be deemed to have vacated his seat-
(fl) If he is absent without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council ;
(b) I f he is absent out of India for any per iod exceeding six consecutive months.
Ll'ave of 9. The Council may permit any member to absent absence to himself from the meetings of the Council for any period members. not exceeding six months.
Meetings of 10. {1) The Council shall make regulations to the Council regulate :- a.nd const itu· (a) the mode of transaction of business, including t1on of · · r d · · b Committees. provlSI~>n JOr. ects10ns on emergent matters y the C1rculat10n of papers to members, and for co-opting persons specially qualified to advise on any particular matter before tbe Council ;
I Substituted by A. 0. 1950 for '•the Surma VaUq:", 2 SuiJ)titutcd by A. 0. 1950 for · 'Provincial".
t • 3
(b) the time and place at which its meetings shall be held;
(c) th<' issue of notices convening such meetings ;
(d) the conduct of business thereat ; and (t ) the consti~ution of committees, the delegation to such committees of any powers or duties ol the Council under this Act and the proce dure of the Committees (including quorum) in the transaction of business ; Provided that- (i no business shall be transacted at av eeting of the Council unless a quorum of members be present ; and
(ii) save as provided in section 19, all questions aris ing at any meeting of the Council shall be decided by the votes of the majority of the members present and voting or in case of an equality of \·otes, by the casting vote of the President of the Council or in his absence of the member presiding ut the meeting.
(2) Until such time as the regulations referred to in liub-section (1) have come into operation, it shall be law ful for the President of the Council to summon a meetii~g at 11uch time and place as to him seem expc::dient, by letter addressed to eacl1 member.
Paymen t of ll. There shall be paid to tht: members of the Coun fees 11 . and cil such fees, if anv, for att("ndance at meetings of the ~:a;~~~g to Council or of committees of the Council and su~h reasona- 0,embcrs. ble travelling exp("nses for attending such mcetmgs or for inspecting institutions as may from time to time be allowed by the Council and approved by the [State]! Government.
Registrar 12. (l) With the previous sanction of the [State)! Goand office vcrnment, the Council- .
statf 0~ the (n) shall appoint a Registrar ;
Coun<:JI. (b) 1 h R . d . may grant eave to sue . eg1strar ar. appomt a person to act in his place ; and
(c) shall pay to the Registrar and to the person (if any) appointed to act in his place such salary or remuneration and such aJ!owances (if any) as the Council mav determine.
(2) T he Council may ~ppoint such other officers and such clerks a1.d servants as it may consider necessary for the purposes of this Act, and shall pay them such salary or rcmunera1 ion and such allowances (if any) as the Council may dr.termine.
(3) The Registrar shall act as S C£retllr)' 81oril Treasu rer to the Council.
Maintenance 13. '1 he Council shall maintain a register ofof reiiater. (i) nurses, (1i) midwives, and
(iii) health visitors, 1, Substituted by A. 0., 1950 for "Provincial".
in such forms, containing such particulars, and divided . into such parts as may be prescribed.
Ma1ntcna~ce 14. (1) The Registrar shall keep the registers in accor ~f :hbe r~~·s- dance with the provisions of this Act and in accordance R~gisirar. e with any orders made by the Council, and shalJ, from time to time, make all necessary alterations in the regis tered addresses or appointments and in the classification, of the registered nurses, midwives and health visitors and erase the name of any such nurse, midwife or health visitor who is dead or has ceased to practise.
(2) To enable the Registrar to fulfil the duties imposed upon him by sub-section (1) he may send through the post a letter to any person registered as a nurse, a midwife or a health visitor addressed to him according to his registered address or appointment, to inquire whether he has ceased to practise or whether his residence or appointment has been changed ; and if no answer to any such letter is received within a ):'eriod of six months from its despatch, the Registrar may erase the name of such person 1rom the register in which it is entered:
Provided that any name erased under this sub-section may be re-entered in the register under the direction of the Council.
Erasure of 15. (1) Every Registrar of Deaths who receives notice •ames homo of the death of anv, person whose name he knows to be registers n notice of entered in one of the registers, shall forthwith transmit by death. post to the Registrar of the Council a certificate of such death signed by him and stating particulars of the time and place of death.
{2) On receipt of-
(a) any such certificate, or
(b) any other reliable information regarding such death the Registrar of the Council shall erase the name of the deceased person from the register in which it is entered.
Erasure of 16. Any entry in the registers, which is proved to the fradu~ulent satisfaction or the Council to have been fraudulently or an ancor- . d d f rect entries mconectly rna e, may be erased under an or er o the in registers. Counc:il.
Persons en ti Lied to be registered.
17. The following persons shall on payment of such fcc as may be prescribed, be entitled to registration under this Act, namely :-
(a) nurses, midwives and health visitors who have undergone the courses of training, have oassed the examinations and fulfil such furthe1: con ditions as may be prescribed ;
(b) nurses, midwives and health visitors who are already in practice at the commencement of this Act and nurses under the Auxiliary Nursing Service Scheme who are not entitled to regis tration under clause (a) subject to such con ditions and restrictions as may be prescribed.
5 Admission to 18. On making an application in the prescribed form register ~f and on paying such f::e, not being greater than the fee pedrso~.~dal· payable on ordinary applications for registration under this ne OUwl e · 1 Aaam. Act, as the CounCil may demand, any person sha I be entitled to be registered under this Act who proves to the satisfaction of the Council that he has been registered either as a nurse, a midwife or a health visitor in any [State] 1 or country outside Assam in respect of which the Council is satbfied-
(a) that there is in force therein an enactment, or a provision of any kind having the force of law, providing for the registration of nurses, mid wives and health visitors under some public authotity ;
(b) that persons registered under this Act are admit· ted to the register established under the said enactment or provision on terms not less favourable than those contained in this section;
(c) that the standard of training and examination required for admission to the register of nurses, midwivt>s or health visitors established under the said enactment or provision is not lower than the standard of training and cxamina· tion required under this Act :
Provided that, notwithstanding any rule made under clause (b) of sub-section {l) of section 34, no fee shall be chargeable for the registration under this section of a nurse, midwife or health visitor whose name has been registered in a [State] 1 in India between the Government of which and the [StateF Government the principle of reciprocity of regis tration has been accepted.
Refusal. of 19. (1) The Council may refuse to permit the registra· regdtstrata<'n 1 tion of any person as a nurse, midwife or health visitor and an r~mova h h . · d 'd :r h 1 h · · and re-emry w en e IS reg1stere as a nurse, m1 wue or ea t VISitor, of names. may direct the temporary or final removal of his name from the register of nurses, midwives or health visitors on any of the following grounds :-
(a) that he has been sentenced by any Court for any non-bailable offence, the sentence not having been subsequently reversed or quashed ;
(b) that has been guilty of any offence which in the opinion of the Council indicates professional incompetence, negligence, or contravention o~ regulations ordinarily included in the perfor mance of the duties of nurses, midwives or health viritors ;
(c) that there are defects in his character which in the opinion of the Council would render the entry or retention of his name on the register undesirable:
Provided that no action shall be taken by the Council under this section until after due enquiry (at which the I. Substituted by A. 0., 1950 for 'Province' .
2. Substituted by A. 0., !950 for "Provincial".
6 person concerned has been given an opportunity to be heard in his defence and to appear either in person or by counsel , vakil, pleader or attorney, and which at the discretion of the President of the Council may be held in camera) he has been found, by a majority of two-thirds of the members prcsen t and vot~ng at the meeting, to have been sentenced for any non-bailable offence specified , in clause (a) or tO .have been guilty of an offence, or to have defects in his charac ter of the nature spec•fied in clause (b) or clause (c) .
(2) Any name so removed may afterwards he rc-en· tered in the register and any order of refusal of registration passed under sub-section (1) may be withdrawn under the direction of the Council given by majority of twv·thirds of the members present and voting at the meeting.
R.•ght of 20. ( J) Any person aggrieved by an order of ~pp~:al. the Council under section 19 may, within three months from the date on which notice of such order is given to him, appeal to the (State]' Government against such order.
(2) The order of the (State]! Government on any such appeal shall be final.
R.egistratin.n 21. The certificate of registration undet· this Act uodfr th•~ shall not confer upon any person any right or title Act not 10 • • qu~lifv for to hi' regrstered un~er the Assam M.cdtc~l A~t, l ?16 regulJ'ation or to <t!>~ume any t1tle, name or destgnatiOn 1mplymg under t he that he i~ by law recognised as a medical practitioner Asd.
38 1m ~to- or that he is authorised to grant anv medical certificate ICll n Ct, 'fi f d h ·u b. • h d 1916. or any cert1 call.! o eat or st1 • trt , or to un ertakc the charge of cases of abnormality or disease in connection with parturition.
Inatitution~ 22. (I) The inHitutions which are approved for training and recognised by the Council after inspection by its n':'rsc~. mid· President shall be competent to train nurses, midwives ~v·vle:t~h . ~r or health visitors, and to send them for examination lor .. ca \ 'Ul· h I' r. • tifi f b C 'I tors to be t c qua uymg cer cates o t c ounct .
recognised by Council. (2) All recognised institutions shall be inspected by the President of the Council at least once in • two years.
W'thd 1 23 . Whenever the Council, on receipt of an adverse I rawa . f . . I . h ld b of rccogni- report, IS o opw10n t 1at an enquHy s ou e made tion from as to the desirability of withdrawing recognition from institutions. a particular institution, it shall depute its President and a member for further inspection on ~uch terms as it thinks fit and at the same time call upon the institution to show cause why its recognition should not be withdrawn.
1. Subsututed by A.O. 1950 for "Pro,·incial".
Appeals.
7 The Council may after consideration of the report so received and CJf the explanation, if any, by rhe institution, withdraw the recognition. The order of such 'vithdrawal shall be in writing and shal I be served in the prescribed manner.
21. Any person or institution aggrieved by an order of the Council under sections 16, 18 or 23 may appeal Within three month~ from the date of such order to the (State]~ Government. The dec~ion of the (State]~ Government on any such appeal shall be final.
Prohibition 25. No hospital, school or other similar institution of !asue of which has not been approved or recognised under ecrdt•ficates f sub-section {1) of section 22 shall issue to any person a t~n entry o 'fi h f 1 .
nllmeJ by un-ceru cate or enter t e name o any person on a 1st, recognised register or other document purporting to show that inJtitutions. such person is qualified by having passed any examination Supervision by Civil Surgeon.
Diaabilities of unregu tered per son,.
Penalty for di•hon eat UJc of certi· licates.
or undergone any course of training to practise as a nurse, midwife or health visitor unless such person has been registered under this Act.
26 . The Civil Surgeon of the district or such other person as may be appointed by the Council shall in consultation with the local authorities and subject to prescribed conditions and restrictions, exercise general supervision over nur&es, midwi\·es and health visitors within the district and exercise and perform such other powers and duties as may be prescribed.
27. After the expiration of seven years from the commencement of this Act no dispensary, hospital, infirmary or lying-in hospital shall employ any person as a nurse, midwife or health visitor unless he is registered under this Act or is under training in an institution recog nised by the Council :
Provided that the (State] t Government, on the advice of the Council, may exempt for such period and on such terms as it may fix any such dispensary, hospital, infirmary or lying in hospital from the operation of this section.
28. Any person who-
(a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to auy 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) wilfully makes or causes to be made any false representation in any matter relating to the register or certificates issued under the provisions of this Act,
1. Substituted by A.O., 195;) f_,r !'Provincial".
(d) being the Secretary, Manager or other officer of a hospital, school or other institution issues or authorises the issue of, a certificate to any person or enters, or authorises the entry of, the name of such person in contravention of section 25, shall be punishable with fine not exceeding rupees three hundred.
Penalty for 29. Any person who, not being a nurse, midwife unlawful or health visitor registered under this Act, assumes or :~.ssu~ption uses the name or title of registered nurse, midwife or of !nle dof health visitor, or uses any name, title, addition, description regucere . b d · 1 · h h · · d nurse mid· or s1gn oar , unp ymg t at sue person IS a reg•stere wife ' or nurse, midwife or h~alth visitor, a~ the case may be, shall health visi- be punished on conviction with fine not exceeding one tor· hundr('d rupees in the case of a first offence, and with fine not exceeding three hundred rupees in tne case of a second or any subsequent offence.
Publication 30. (I) The Registrar shall, in every year, on and u'e _of or before a date to be fixed in this behalf by the Council anf nu~lt ltsdt cause to be printed and published correct lists of the 0 reg•s ere Ii h . b . d . h 1 r nurses mid· names or t e tune emg entere 10 t e severa parts o wive' ~nd the registers of registered nurses, midwives and health health visit· visitors, setting forthon.
(a) all the names entered in the several parts of the respective registers arranged in alphabe tical order according to surnames ;
(b) the registered address or appointment of each person whose name is so entered in the registers ; and
(c) the registered qualification of e.ach 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 regi<~tered under this Act, and thal 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 printed list a certified copy signed by the Registrar, of the entry of the name of such person in a register -of nurses, midwives or health visitors shall be evidence that such person is registered under this Act :
Provided also that a certificate purporting to be signed by the Registrar stating that the name of a person home on the printed register of nurses, midwives or health visitors, as the case may be, has been removed from such register and specifying the date of such removal shall be evidence that such person is not registered under this Act and of the date from which he ceased to be so registered.
-- 9 Court com· 31. No court other than a Magistrate of the First petent to Class shall try any offence under this Act.
try offences under the Act.
Coguf !:ance 32. No Magistrate •hall take cognizance of any o ouences. tr • h bl d b. A J · onence pums a e un er t Js ct except upon romp amt made by the Council.
Power of 33 (1) The [State] 1 Government may, after previous ~~~ment publication, make rules 2 to carry out all or any of the 10 make purposes of this Act.
rules. (2) In particular and without prejudice to the generality of the foregoing power, they may make rules- Power of Council to make rules.
(a) prescribing the period of les.'l than three years for which a member of the Council may hold office under section 6 ;
(b) prescribing the manner in which nominations OMJ.._ dtt.<h·~ of members of the Council and the election of the Vice-President shall be made, and casual vacancies shall be filled under sec tion 7 ;
(c) prescribing the form in which a register shall be kept, the particulars to be entered in such register, and the parts in which surh register shall be divided under section 13 ;
(d) prescribing the manner in which an order of removal or refusal shall be served on persons under section 19 ;
(r) prescribing the manner in which an order of withdrawal of recognition of an institution shall be served under section 23 ;
(f) prescribing the fees payable in respect of an appeal under sections 20 and 24 ; and
(g) any matter which is to be or may be prescribed.
34. {l) The Council may make rules, 3 not inconsistent with this Act or the rules prescribed by the [State] 1 Govern ment,
(a) regulating the compilation, maintenance and publication of the register and the conditions of admission to the register ;
(b) prescribing 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 ;
(c) prescribing and regulating the examinations which must be passed as a condition of admis sion to the register and any matters ancillary to or connected with such examinations, including the courses of training which the candidates appearing for the examination shall undergo ;
1 Sub~titutcd by A.O., 1950 for "Provincial".
:! Notification .....;o.MMe 1.132/U/54, dated 8th March J04S.
a Vit!1 Notification No.223-NRC., dated 8th December, 19<l5.
10
(d) pr('scribing the causes for which, the conditions under which and the mannl"r :n which the names of nurses, midwives and health visitors may be removed or re-entered in the register under section 19 ;
(t) for the approval of any institution for the pur pose of such training and the granting of diplo mas to candidates passing the examinations ;
(f) regulating the conditions under which institu tions for nursing the sick, maternity or child welfare may be approved and recognised by the Council;
(g) appointing a Registrar and such other servants as may be necessary;
(h) regulating the pay, pension, conduct and other conditions of service of persons appointed under clause (g) ;
(i) establishing a provident fund for the benefit of the employees of the Council and of recognised institutions and regulating its administration ;
(J} regulating and supervising the practice of their profession by registered nurses, midwives and health visitors ;
(k) regulating the publication of the names of regill· tered nurses, midwives and health visitors and their residencf:s ;
(l) regulating the conditions under which such nurses, midwives and health visitors registered in other [States] 1 or other countries may be admitted to the register, on such other [States] J and coun tries granting reciprocal registration to persons registered on the register of the Council;
(m) determining the manner in which all fees levied under this Act and all moneys received by the Council shall be accounted for, audited and applied for the purposes of this Act, and for regulating the expenditute of the Council gene.
raUy; and
(n) generally for the provision of any matters in respect of which the Council considers provision should be made for the purposes of this Act.
\2) All rules made under this section shall be published in the Official Gazette.
~ Substituted by the A. 0., 1950 for "Provinces.'' '• • ll Protection 35. No suit or otl1er legal proceedings shall lie against of . peno~• any persons for anything done or intended to be done in =~~g fai:h good faith under this Act or rules.
under che Aa or rules.
Certain per- 36. Every persons appointed under suh-sl"ction (1) or snos. to be sub-section (2) of section 1 2 shall be deemed to be a public pubhc ser- servant within the meaning of section 21 of the Jndian vants. Penal Code.
Act not , 0 37. Nothing m this Act shall apply to medical pracli· apply to tioners possessing qualifications entitling them to registration medi~l under the Assam Medical Act, 1916.
pr1Cttboner.
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