(1) No person shall carry on any nurses establishment, except under a valid licence granted by the licensing authority and in accordance with such terms and conditions as may be specified in such licence, and approved by the Council.
(2) Any person who desires to carry on any nurses establishment shall apply to the licensing authority for a licence before such date and in such manner and in such form as may be prescribed. He shall along with the application pay to the licensing authority the prescribed fee, half of which shall be refunded to him if the licence is not granted.
(3) The licensing authority may before granting such licence impose, in consultation with the Council, such additional conditions as it may think fit for securing the proper conduct of the establishment.
(4) The licensing authority may, after giving an opportunity to the person concerned of being heard, refuse to grant any licence or revoke any licence in consultation with the Council, if-
(i) the applicant or the holder of the licence is below 21 years or is in its opinion not a suitable person to hold such licence; or
(ii) the premises of the establishment are not suitable; or
(iii) any offence under this section has been committed in respect of the establishment.
(5) Any person aggrieved by any of the conditions imposed by the licensing authority or by the refusal or revocation of any licence may appeal within three months of such imposition, refusal or revocation to the State Government. The memorandum of appeal shall be accompanied by such fee Licensing authority to exercise general supervision.
Notice to licensing authority before commencement of practice.
Regulation of nurses establishments.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24 as may be prescribed. The decision of the State Government on such appeal shall be final.
(6) The licensing authority may authorised any of its officers to perform any of the duties conferred on it by this section.
(7) Any officer duly authorized by the licensing authority in this behalf may at all reasonable times enter the premises specified in any licence or application for licence or any premises which are used, or which the officer has reasonable cause to believe are used, for the purpose of, or in connection with, the nurses establishment and inspect the premises and any records relating to such establishment as may be kept thereon.
(8) The Council may also exercise the powers of entry and inspection conferred by sub-section (7) through any of its officers authorised by it in this behalf. If the Council is of opinion that in any case the licence should be refused or revoked, it shall report the matter to the State Government. On receipt of such report, the State Government may after consultation with the licensing authority or after making such inquiry as it deems fit pass orders refusing or revoking the licence. Such order shall be final.
(9) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees for the first offence and for any subsequent offence which may extend to five hundred rupees or with simple imprisonment for a term which may extend to six months or wait both.
(10) Any person who refuses any duly authorised officer of the licensing authority or any such officer of the Council to enter or inspect any premises or to inspect any records under sub-section (7) or (8), as the case may be, or obstructs such officer in the exercise of his aforesaid powers shall, on conviction, be punished with fine which may extend to fifty rupees for the first offence and for any subsequent offence with fine which may extend to one hundred rupees or with simple imprisonment for a term which may extend to three months or with both.
(11) Any person who makes or causes to be made or knowingly allows to be made any entry in a record to be kept under this section, which he knows to be false in any material particular for any of the purposes of this Act or who makes, produces or furnishes, or knowingly allows to be made, produced or furnished any statement, record or information which he knows to be false in any material particular for the purpose of obtaining a licence under this section or for any other purposes of this Act shall, on conviction, be punished with fine which may extend to two hundred rupees for the first offence and for any subsequent offence with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to six months or with both.
(12) Where a person committing an offence under this section is a company or other body corporate or an association of persons (where incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
PART VI.
TRAINING INSTITUTIONS.
23.(1) An institution which the Council may approve and recognise for the purpose of this sub-section after inspection by its representative, shall be competent to train nurses, midwives or health visitors and to send them for examination for the qualifying certificates of the Council.
Training Institutions.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(2) The Council may withdraw recognition from any such institution after its inspection by a representative of the Council. The order of such withdrawal shall be in writing, and shall be served on the institution in the prescribed manner.
(3) No school, hospital or other institution which is not approved and recognised by the Council shall issue to any person a certificate or enter the name of any person in any document purporting to show that such person is qualified by reason of his having passed any examination or undergone any course of training to practice as a nurse, midwife or health visitor, unless his name is registered or entered in the list under this Act.
(4) Any person who contravenes the provisions of sub-section(3) shall, on conviction, be punished with fine which may extend to three hundred rupees.
(5) where a person committing an offence under this section is a company or other body corporate or an association of persons (whether incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
24. Any person aggrieved by the refusal of the Council to approve and recognise any institution as competent to train nurses, midwives or health visitors or by the withdrawal of recognition under sub-section (2) of section 23 may appeal, within three months from the date of receipt of the order of refusal or withdrawal of such recognition to the State Government against such refusal or withdrawal. The decision of the State Government on such appeal shall be final.
PART VII.
MISCELLANEOUS.
25. Every Registrar of Births and Deaths who receives notice of the death of any person whose name he knows to be or has reason to believe is entered in the register, shall forthwith transmit by post to the Council, a certificate of registration of such death signed by him and stating the time and place of death; and thereupon the name of such person shall be removed from the register.
26. Any person who-
(a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to any other person,
(b) procures or attempts to procure registration under the provisions of this Act by making or producing, or causing to be made or produced any false or fraudulent declaration, certificate or representation, whether in writing or otherwise, or
(c) wilfully makes or causes to be made any false representation in any matter relating to the register or certificate issued under the provisions of this Act, shall, on conviction, be punished with fine which may extend to two hundred fifty rupees for the first offence and for any subsequent offence with fine which may extend to five hundred rupees or with simple imprisonment for a term which may extend to six months or with both.
Appeal against refusal to recognise institutions.
Removal of names from the register on notice of death.
Penalty for dishonest use of certificate.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
27. Any person who, not being a registered nurse, midwife or health visitor, takes or uses the name or title of registered nurse, midwife or health visitor, or uses any name, title, description, described uniform object or sign-board with the intention that it may be believed, or with the knowledge that it is likely to be believed, that such person is a registered nurse, midwife or health visitor shall, on conviction, be punished with fine which may extend to one hundred rupees for the first offence and for any subsequent offence with fine which may extend to two hundred rupees or with simple imprisonment for a term which may extend to three months or with both.
28. No court inferior in rank to that of a Magistrate of the First Class shall take cognizance of or try any offence under this Act.