(1) The Council may, upon reference from the Registrar or otherwise, prohibit the entry in, or direct the removal from, the registers of nurses, midwives, assistant midwives [auxiliary nurse-midwives or health visitors] 2 of the name of any nurse, midwife, assistant midwife, [auxiliary nurse-midwife or health visitor] 3 for suspend, such person's registration on any of the following grounds; namely --
(a) that such person has been convicted by any court of any nonbailable offence, such conviction not having been subsequently set aside or the offender pardoned ;
(b) that such person has been guilty of conduct which in the opinion of the Council indicates that she is not a fit or proper person to practise as a nurse, midwife, assistant midwife [auxiliary nurse midwife or health visitor] 3 ;
(c) that there are defects in the character of such person which in the opinion of the Council would render the entry in, or the retention of , the name of such person in the registers undesirable :
Provided that no action shall be taken by the Council under this section until after due inquiry (at which an opportunity shall be given to the person concerned to be heard in defence and to appear, either in person or by counsel, vakil, pleader or attorney, and which may, in the discretion of the President of the Council be held in camera) the council by a majority of two thirds of the members present and voting at the meeting of the Council, shall find that there is ground for taking action against the person concerned.
(2) The Council may direct that the name of any person against whom an order has been passed under sub-section (1) shall be entered or re-entered or continue to be entered in the registers as the case maybe.
Appeal against order of the Council
22. Any person aggrieved by an order of the Council under section 20 or section 21 may, within three months from the date of receiving notice of such order, appeal to the [State Government] 1 against such order and the decision of the [State Government] 1 on any such appeal shall be final.
Persons entitled to be registered
23. The following persons shall, subject to the rules and regulations made under this Act and to the payment of such fees as may be prescribed, be entitled to have their names entered in registers of nurses, midwives, assistant midwives, [auxiliary nurse-midwives or health visitors] 3 ; namely: -- [(a) Persons who hold qualifications in nursing or midwifery or health visiting recognized under the India Nursing Council Act, 1947;
(b) persons who hold assistant midwifery or certified midwifery certificates of the U. P. State Medical Faculty; and ---------------------------------------------------------------------------------------------
1. Subs. by A. O. 1950 for Provincial Govt.
2. Subs. by section 11(i) of U. P. Act XIV of 1960.
3. Subs. by section 11(2) ibid.
205 [The United Provinces Nurses, Midwives, Assistant Midwives, [Section 24-28] [Auxiliary Nurse-Midwives and Health Visitors] Registration Act, 1934]
(c) persons who may be registered as nurses, midwives, [auxiliary nurse-midwives or health visitors] 4 under a scheme of reciprocity under the provisions of section 10 of the India Nursing Council Act, 1947 by the Indian Council of Nursing constituted under the said Act :]
3
Provided that nurses, midwives, assistant midwives, [auxiliary nursemidwives and health visitors] 4 who are at the commencement of this Act enrolled on the registers maintained by [Uttar Pradesh] 2 State Medical Faculty shall be entitled to have their names transferred, according to their qualifications, to the appropriate registers to be maintained under this Act.
24. [ * * * ] 5 Registration not to quality for registration under U.P. Act III of 1917
25. The certificate of registration under this Act shall not confer upon any person any right or title to be registered under the United Provinces Medical Act, 1917 or to assume any title, name or designation implying that such person is by law recognized as a registered medical practitioner, or that he or she is entitled to grant any medical certificate or any certificate of death or still birth, or to undertake the charge of cases of abnormality or of diseases in connexion with parturition.
Disability of unregistered persons
26. Except with the general or special sanction of the [State Government] 1 or of any officer authorized by it in this behalf no person unless registered as a nurse, midwife, assistant midwife [an auxiliary nurse-midwife or health visitor] 6 shall from the commencement of this Act hold in or in connexion with any dispensary, hospital, asylum, infirmary, lying-in-hospital or maternity and child-welfare centre which is supported wholly or partially out of public funds any appointment designated as that of matron, superintendent of nursing sister, staff nurse, nurse, midwife, assistant mid wife, [an auxiliary nurse-midwife or health visitor] 6 or indicating that the holder has been trained as a nurse, midwife, assistant midwife, [an auxiliary nurse-midwife or health visitor.]6 Disposal of fees 27. All fees and other monies received by the Council under this Act shall be applied for the purposes of this Act in such manner as may be prescribed.
Publication of and presumption as to entries in annual lists