(1) The President shall decide all points of order which may arise, and his decision shall be final.
(2) If any question arises with reference to procedure in respect of a matter for which these regulations make no provision, the President shall decide the same and his decision shall be final.
Authorized persons to attend General Body Meetings 29 In the meetings of the General Body, no person other than the members, officers and employees of the Council shall be present except with the prior permission or special invitation by the President.
The President at any time may hold the meetings in camera in which case all visitors will be required to withdraw provided that the President in his discretion may allow them to be present in the meeting.
18 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
PART-III Minutes of the Council Circulation of minutes 30 A copy of the minutes of each meeting shall be submitted by Secretary to the President within ten days of the meeting and after due signatures of the President, the minutes of the meeting shall be sent to each member within 30 days of the meeting.
Content of minutes 31 The minutes of each meeting shall contain such motions and amendments as have been moved and adopted, or negatived, with the names of the mover and the seconder, but without any comment and without any record of observations made by any member at the meeting.
Objection to minutes etc.
32 If any objection regarding the correctness of the minutes is received within 30 days of the dispatch of the minutes by the Secretary, such objection together with the minutes as recorded and attested shall be put before the next meeting of the Council for confirmation. At this meeting no question shall be raised except as to the correctness of the records of the meeting;
Provided that if no objection regarding a decision taken by the Council at a meeting is received within 30 days of the dispatch by the Secretary of the minutes of that particular meeting such decision may, if expedient, be put into effect before the confirmation of the minutes at the next meeting
Provided further that the President may direct that action be taken on a decision of the Council before the expiry of the period of 30 days mentioned above.
33 Record of Proceedings The detailed proceedings of the meetings which shall be treated as Confidential shall be kept in the office and shall be opened to members for inspection.
Part-IV Procedure for elections of certain members under section 3 34 Elections under clauses (b) (i) & (ii) and (c) of sub-Sec.(1) of Section 3 of the Act, shall be conducted in accordance with the following regulations prescribed under Section 5(2) of the Act;
(1) The Secretary shall be the Returning Officer for the purpose of election under clauses (b)(i) &(ii) and
(c) of Sub-Section (1) of Section 3 of the Act.
(2) The Secretary shall, by registered post, inform each voter referred to in sub-clauses (i) & (ii) of clause (b) and clause (c) of Sub-Sec. (1) of Sec.3 of the Indian Nursing Council Act, of the election to be made by him/her and give him/her a period of not less than 15 days to intimate in a sealed cover marked “Secret” the name and designation of the person(s) he/she desires to elect. The persons(s) who are elected by the largest number of voters shall be declared to have been elected as member(s) of the Council.
Provided that the voter and the person elected shall be registered Nurse/Nurse practitioner.
(3) The elections shall be conducted by “Secret Ballot” Envelopes containing ballot papers shall be opened by the Secretary personally after the last date for obtaining the votes.
(4) A person elected under these regulations shall cease to be a member of the Council automatically if/she has ceased to be the head of an institution referred to in sub-clauses (i) & (ii) of clause (b) and clause (c) of sub-Section (1) of Section 3 of the Act.
¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 19 Part-V Tenure of office and powers and duties of the President and Vice-President President 35 The President shall hold office for such periods as provided for in the Act. However, if he/she ceases to be a member of the Council, his/her term of President shall expire from that date. He shall exercise in respect of the office of the Council such powers as are exercised by a “Head of Department” under the Government of India and perform such duties as are contained in the provisions of the Act, the Regulations and Standing Orders of the Council. He shall do such acts as he considers necessary in the furtherance of the objects for which the Council is established.
Power and duties of the Vice President 36 The Vice-President shall hold office for such period as provided in the Act or until the date of election of his/her successor whichever is longer. He/she shall be eligible for re-election provided that if he/she ceases to be a member of the Council his/her term as Vice-President shall expire from the same date.
Part-VI EXECUTIVE COMMITTEE;
Powers of the Executive Committee 37 The executive committee shall exercise such powers prescribed in the Act and Regulations and conferred on it by the Council which are beyond the scope of Powers of the President and Secretary.
Meetings of the Executive Committee 38 The meetings of the Executive Committee shall be generally governed by the Regulations applicable to the meeting of the Council.
Chairman of a meeting 39 If both the President and the Vice-President are absent, the members present shall elect one of their members to act as Chairman.
Quorum 40 Five members of the Executive Committee present shall form a quorum. In case the requisite quorum is not present, the meeting shall stand adjourned to such future date and time as the President may appoint.
Term of office of a member 41 The term of office of an elected member of the Executive Committee shall be two years or until the appointment of the new member, whichever is later. A member shall be eligible for re-election.
Short-term vacancy 42 In the case of a vacancy which may occur during a recess, the Executive Committee may co-opt a member of the Council to fill the vacancy until the next meeting of the Council which shall elect one of its members to be a member of the Executive Committee.
Participation of a member other than a member of the Executive Committee 43 The Executive Committee may invite a member of the Council, not being a member of the Executive Committee, to attend any meeting of the Executive Committee. Any member so invited shall be free to participate in the discussion in the Executive Committee but shall not function as a member of the committee, whether by way of voting or otherwise.
20 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Notice of meetings 44 (1) Within one month before the meeting of the Council the Executive Committee shall ordinarily meet and also at such other times and places as the President may determine.
44 (2) Notice of such meetings shall ordinarily be given and agenda sent to members 7 days before the meeting.
Ad-hoc inspectors’ Report 45 The Executive Committee shall take into consideration the reports on the courses of study and examinations submitted by ad-hoc inspectors appointed for the purpose and shall thereupon prepare a report for submission to the Council.
Consideration of Reports by Executive Committee 46 The Executive Committee shall consider and report on any subjects referred to it by the Council or by the President and may with the sanction of the President direct the printing and circulation of such reports among members of the Council.
PART – VII Committees 47 The Council may, at any time, on the adoption of a motion to this effect, appoint a committee consisting of any number of its members or resolve itself into a committee for the consideration of any business.
The Sub-Committee will have powers to co-opt one or more persons from among members of the Council with the approval of the President.
Procedure for appointment of Committee 48(1) A member may at any time, without notice, move that a Committee of the Council be appointed or that the Council do resolve itself into a committee.
(2) A motion for the appointment of a committee shall define the functions of the committee and the number of members to be appointed.
(4) Any member may, without notice, move an amendment to such a motion proposing that the functions of the number of members of the committee be enlarged or reduced.
(4) If a motion for the appointment of a committee is adopted the mover shall name the members to be appointed as members of the committee and any member may then move amendments proposing the addition of other names.
(5) If the number of members proposed as members of the committee does not exceed the total number of members to form the committee, the members so proposed shall be appointed as members of the committee. If the number of members so proposed exceeds the total number of members to form the committee, ballot shall be held and the requisite number of members who obtain the largest number of votes shall be appointed.
Quorum for Committees 49 (1) The quorum for a committee of the whole Council shall be the same as that provided for meetings of the Council.
(2) The quorum for a committee appointed by the Council shall be determined at the time of the appointment of the committee and shall not be less than a majority of the members appointed.
¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 21 Chairman of Committee 50 (1) (a) The Chairman of a committee of the whole Council shall be the same as for a meeting of the Council.
(b) The Chairman of a committee appointed by the Council shall be appointed by the Council at the time of the appointment of the Committee.
(2) The proceedings of the committee shall be conducted in accordance with the regulations contained in this part, provided that such regulations may at any time be relaxed at the directions of the Chairman.
Resolution by the Committee 51(1) A resolution passed by a committee appointed by the whole Council shall be embodied in a report prepared by the Secretary and signed by the President and shall have no effect unless confirmed by the Council at a meeting.
(2) A resolution passed by a committee appointed by the Council shall be embodied in a report prepared by the Secretary or by the Chairman at a latter’s discretion and, when signed by the members of the committee, shall, with any notes of dissent, be presented to the Council at its next meeting subject to the provisions of the regulations regarding notice.
Part-VIII Term of office of Secretary 52 The term of office of the Secretary shall be fixed by the Council at the time of appointment. He/She shall normally retire on attaining the age of 60 years unless otherwise determined by the Council.
Powers & Duties of Secretary 53 He/She shall exercise in respect of the office of the Council, such powers as are exercised by the “Head of Office” under the Government of India and perform such duties as have been given in the Act and the regulations. He/She shall also be responsible for the safety of the property of the Council and the control and management of the office, accounts and correspondence, and shall see that the office staff attend punctually, and generally fulfil all such duties as may be required of him/her by the Council or the Executive Committee or the President for the purposes of the Act. He/She shall attend and take notes of the proceedings of meetings of the Council and Executive Committee and any subcommittee.
Intimation of vacancy 54 The Secretary shall not less than 90 days before the expiration of the term of any existing appointment, draw the attention of the President to the approaching vacancy, and the latter shall forthwith report it to the Council in order that a new appointment may be made to take effect from the day on which the existing appointment will expire.
Tenure of Officers & Employees 55 Officers and employees of the Council shall retire from service on superannuation on attaining the age of 60 years unless otherwise determined by the Council.
Powers & Duties of Officers and Staff 56 The powers and duties of the officers and employees will be such as may be laid down from time to time in the Standing Orders as framed for the purpose by the Council.
Part - IX Inspection of Training Institutes 57 The inspection of Training Institutions for the purpose of grant of recognition and approval as also for periodic, re-inspections and for enhancement of seats as also for attending examinations under Section 13(1) of the Indian Nursing Council Act shall be carried out in accordance with the following regulations:- 22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
(1) The Secretary shall appoint not less than two ad-hoc inspectors, whether from the members of the Council or otherwise to inspect any institution for the purpose of being recognized as a training nursing institution to conduct of Nursing Courses and also to attend nursing course examinations.
(2) The eligibility criteria for inclusion in the panel of ad-hoc inspectors will be as prescribed by the Executive Committee.
(3) An ad-hoc inspector shall on receipt of a formal Commission in writing from the Secretary under the Seal of the Council, inspection the designated Nursing Institutions and after due inspections submit the inspection report to the Secretary of the Council. The ad-hoc inspector would also be required to attend the examinations held for the purpose of granting any recognized qualification or recognized higher qualification.
(4) It shall be the duty of the ad-hoc inspector: -
(a) To make himself/herself acquainted with the guidelines of conducting the inspections and to fill up the prescribed inspection proforma on the basis of availability of teaching, clinical and infrastructural facilities as are available on the date of inspection.
(b) To report relevant particulars about the questions asked in the written, oral and practical parts of each examination inspected by him/her, the equipment provided for clinical and practical examinations, the arrangements made for invigilation, the method and scales of marking the standard of knowledge shown by successful candidates, and generally all such details as may be required for adjudicating on the scope and character of the examination.
(c) To report on the adequacy of the teaching programme in the institutions inspected with particular reference to class and demonstration rooms, teaching equipment, number of nursing tutors, facilities for practical experience in the hospital and public health field, supervision of practical work during day and night, hours of duty, arrangements for living and recreation, and the student health service.
(d) To report on the extent to which the resolutions of the Council have been carried out by the institution inspected by him/her and also to what extent the resolutions of the Council on nursing education have been given effect to in the education of the students.
(6) The report of the ad-hoc inspectors shall be deemed confidential unless in any particular case the Council shall direct otherwise.
(7) Every report of an ad-hoc inspector shall be placed before the Executive Committee of the Council for consideration and decision. The decision of the Executive Committee shall be final with regard to suitability of institution/examination and seats allocated for each course.
(8) A copy of the deficiencies/comments and suggestions pointed out by the Executive Committee and marked confidential shall be forwarded to institution for necessary compliance on the part of the institution.
(9) On receipt of compliance report by the nursing institution, the Secretary shall order re-inspection of the institution in order to assess as to whether the institutions has complied with the deficiencies/comments pointed out by the Executive Committee.
(10) The ad-hoc inspector appointed would be paid TA/DA/ as per rules or any other remuneration as may be decided by the council from time to time and hence should not any accept hospitality of Nursing institutions which they intend to inspect.
(11) It shall be the duty of the Secretary to ascertain periodically from the examining bodies the date and place of examination which may be inspected by the Council.
(12) Periodical inspections of recognized nursing institutions shall be conducted so as to ensure continued maintenance of nursing education standards and for granting continued recognition to such institutions/qualifications granted by University/Board concerned.
¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 23 58 Charging of fees The Indian Nursing Council is entitled to charge first Inspection fee, Re-Inspection fee, Inspection for enhancement of Seats and annual affiliation fees for each nursing course /programme as may be determined by the executive committee.
PART-X Indian Nurses Register 59 (1) The Council shall maintain the Indian Nurses Register which shall bear the seal of the Council.
(2) The Indian Nurses Register would include the name of each registered Nurse and registered midwife (RNRM)/ Registered Auxiliary Nurse and Midwife (RARM)/ Registered Lady Health Visitor (RLHV) along with their qualifications and other necessary details.
(3) The State Council shall renew the registration of Nurses after every five years provided the registered person completes 150 hours of continuing nursing education during the above 5 year period. In addition to the above the State Council would also register higher qualification of persons who are registered with particular State Nursing Councils.
Part-XI Finance and Accounts Receipts of the Council 60 The Council is authorized to receive for the purposes of its expenses, benefactions and contributions from private persons and bodies, and the proceeds of the sale of report and other publications.
Bankers of the Council 61 The bankers of the Council shall be the State Bank of India and/or any nationalized bank. All funds of the Council shall be paid into the Council’s accounts with the State Bank of India, New Delhi or any nationalized bank as may be decided by the Executive Committee and shall be withdrawn by means of cheques signed by the Secretary. The cheque books shall remain in the personal custody of the Secretary.
Funds of the Council 62 The surplus funds of the Council may, on a recommendation of the Treasurer and with the sanction of the Executive Committee, be invested in fixed deposits with any nationalized bank.
Investments to be made in Council’s name 63 An investment of the funds of the Council shall be made in the name of the Council. The safe custody of receipts shall remain in the personal charge of the Secretary and shall be verified once every six months.
Duties of Treasurer 64 The Treasurer where there is a separate post, in consultation with the Secretary, shall prepare detailed estimates of the receipts and expenditure for the next financial year, and shall submit the same for the sanction of the Executive Committee at a meeting to be held for the purpose before the 1 st November every year. One copy of the finally sanctioned estimates shall be supplied by the 1st of November to the Secretary, to the Government of India, Ministry of Health & FW.
Appropriation of funds 65 The funds of the Council shall not be appropriated for expenditure on any item which has not been duly sanctioned by the Council or the Executive Committee or by the President or Secretary, as the case may be.
24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] Primary units of appropriation 66 The primary units of appropriation shall be “pay of officers”, “pay of establishment”, “allowances and honoraria”, “contingencies” and “leave and pension or provident fund contribution” etc. duly approved by the executive committee for appropriation.
Powers of reappropriation 67 The President shall have power to reappropriate funds from one unit of appropriation to another within the total sanctioned estimates. Copies of orders sanctioning such reappropriation shall be communicated to the Executive Committee.
Power to Secretary and President to sanction expenditure 68 The Secretary shall have power to sanction expenditure of miscellaneous and contingent nature up to an amount not exceeding Rs. 1000 in each case. Expenditure in excess of this amount shall require the sanction of the President. In all other cases the Secretary and the President shall exercise financial powers analogous to those delegated by the Government of India to “Head of Office”, and “Head of Department” respectively. The powers beyond the scope of the Secretary and the President shall be exercised by the Executive Committee.
Permanent advance 69 A permanent advance of Rs. 2000 shall be made to the Secretary.
Grant of approving the allowance 70 The Secretary shall be the certifying officer for travelling, halting and other allowances to members, ad-hoc inspectors and other officers/ employees of the Council. The President would be the certifying officer for the Secretary of the Council.
71 The following account registers of the Council shall be maintained:
(1) The Cash Book
(2) The Classified Abstract.
(3) The Register of Securities.
(4) The Register of Stock and Furniture.
(5) The Register of Stock of Cheque Books
(6) The Register of Leave and Pension Contributions.
(7) The Register of Permanent Advances
(8) Annual Accounts.
Compilation of accounts 72 Monthly accounts shall be compiled in the Classified Abstract according to the primary units of appropriation, suitable secondary units may be opened at the discretion of the Secretary who shall be responsible for the due preparation and maintenance of all accounts.
Audit of accounts 73 The audit of accounts of the Indian Nursing Council shall be conducted by the Comptroller and Auditor General of India or by any other person appointed by him in this behalf. The auditor shall be paid audit charges, as may be decided from time to time, from the funds of the Council. All books, accounts, vouchers and other necessary documents and papers shall, on demand, be produced to the auditor. The audit report shall be submitted to the auditor to the President of Indian Nursing Council and a copy thereof to the Government of India, Ministry of Health & FW. A copy of the audit report shall be submitted to the Executive Committee who will communicate it to the members of the Council.
¹Hkkx IIIµ[k.M 4º Hkkjr dk jkti=k % vlk/kj.k 25 Sale of Publications and Disposal 74 (1) Whether a publication shall be priced or not shall be determined by the Secretary.
(2) The price of a publication shall be calculated as under:-
(a) The Secretary shall declare the number of complimentary copies required for distribution free of cost.
(b) The number of complimentary copies shall be deducted out of the total number of copies printed and total cost of printing divided by the remaining number of copies.
(c) The price thus calculated shall be rounded off to the next higher digit divisible by five.
(3) Action taken by the Secretary to fix the price of publication shall be reported to a subsequent meeting of the Council.
(4) The publications shall be sent to the indentors by v.p.p., registered post, book post, etc. as considered appropriate by the Secretary in each case.
(5) The expenditure on postage, except in the case of complimentary copies shall be recovered from the indentor.
(6) All copies in stock of a publication which is amended or revised and reprinted or becomes obsolete, shall be disposed off after getting orders of the President and their value written off.
(7) The cost of all copies of publications in stock which are damaged or lost for any reason without any fault on the part of any employee of the Council shall be written off by the orders of the President.
PART-XII Criteria For Establishing a School of College of Nursing Education and Training :
75 The criteria for establishing a School/College of Nursing and grant of approval/permissions would be as per the resolutions/guidelines issued by the Council from time to time and should be strictly adhered to and followed by all nursing institutions/examination Boards/SNRC and University.
T. DILEEP KUMAR, President [ADVT.-III/4/Exty./102/15(51)] Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.