(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any matter expressly required or allowed by this Act to be prescribed by rules.
(3) The power to make rules conferred by this section in subject to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.
(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
30. The Council may make by-laws not inconsistent with this Act or the rules, namely-
(a) for prescribing the courses of training and examinations entitling a person to registration, 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 under section 13;
(b) for prescribing the courses of instruction to be undergone and the manner in which training is to be received, by a person for practicing as a nurse, midwife or health visitor under section 19;
(c) for regulating the compilation, maintenance and publication of the register or list and the conditions of admission or readmission to the register or list;
(d) for regulating the conduct of any examinations which may be prescribed as a condition of admission to the register and any matter ancillary to or connected with such examinations, including the courses of training which the candidate appearing for the examinations shall undergo;
(e) for determining the manner in which the list shall be maintained, the conditions which shall be fulfilled by persons whose names are to be entered in the list, the qualifying examination to be passed by persons whose names are entered in the list and for regulating the conduct of such examinations;
(f) for the approval and recognition of any institution for the purpose of section 23 and for the granting of diplomas to candidates passing the examinations;
Penalty for unlawful assumption of title of registered nurse, midwife or health visitor.
Court competent to try offences under Act.
Power of State Government to make rules.
Power of Council to make by-laws.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(g) for regulating the conditions under which institutions for nursing the sick, maternity or child welfare may be affiliated to the Council;
(h) for appointing a Registrar and such other servants as may be necessary;
(i) for regulating the pay, pension, conduct and other conditions of service of persons appointed under clause (h);
(j) for establishing a provident fund for the benefit of the employees of the Council and of affiliated institutions and regulating its administration;
(k) for regulating and supervising the practice of their profession by registered nurses, midwives and health visitors and by persons whose names are entered in the list;
(l) for regulating the publication of the names of registered nurses, midwives and health visitors and of persons whose names are entered in the list and their residence;
(m) for regulating the conditions under which such nurses, midwives and health visitors registered in other States or other countries may be admitted to the register, on such other States and countries granting reciprocal registration to persons registered on the register of the Council;
(n) for determining the form and the manner in which notices under section 21 shall be given;
(o) for determining the manner of inspection of the nurses establishments by the Council, the statements to be furnished and records to be maintained by such establishments;
(p) for regulating the summoning of meetings of the Council and its proceedings;
(q) for 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 expenditure of the Council generally;
(r) for prescribing the travelling and other expenses payable to the members of the Council or of committees;
(s) 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) No by-law made by the Council shall come into force until it has been confirmed by the State Government, with or without modification or amendment.
(3) All by-laws made under this section shall be published in the Official Gazette.
31. No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or by-laws.
32.(1) If at any time it shall appear to State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess Protection of persons acting in good faith, under the Act, rules or by-laws.
Control.
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24 or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person or persons and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purposes of this Act until a new Council shall have been constituted under section 3.
(2) When the State Government has dissolved the Council under subsection (1), it shall take steps as soon as may be convenient to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Council so constituted.
(3) Notwithstanding anything contained in this Act, rules or by-laws, if, at any time, it shall appear to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validity constituted or appointed, the State Government may cause any of such powers or functions to be exercised or performed by such person, in such manner and for such period not exceeding 6 months and subject to such conditions as it thinks fit.