(1) The [State Government] 1 may from time to time, after previous publication, make [rules] 2 consistent with this Act, to carry out the provisions of the Act.
(2) In particular, and without prejudice to the generality of the power conferred by sub-section (I), the [State Government] 1 may make [rules] 2 -
(a) to regulate elections under this Act;
(b) to prescribe the form or forms of registers of nurses, midwives, assistant midwives [auxiliary nurse-midwives and health visitors] 4 to be maintained under this Act ;
(c) to regulate, supervise and restrict within due limits the practice of their profession by registered nurses, midwives assistant midwives, [auxiliary nurse-midwives and health Visitors] 4 ,
(d) to prescribe the powers duties and functions of the authorities charged with local supervision ;
(e) to regulate the procedure to be followed by the Council ---
(i) in conducting any inquiry under the proviso to section 2I (I) of the Act ; and
(ii) in withdrawing an order prohibiting or spending the entry of any name in the registers or in making a re-entry in the registers of the name of any nurse, Midwife assistant midwife, [auxiliary nurse-midwife or health visitor] 5 whose name has been removed from the registers ;
----------------------------------------------------------------------------------------------- 1- Subs by the A. O. 1950 for (Provincial Government).
2- For rules see notification no. 3914/V-308-38,d. Jan. 5, 1939· 3- Subs. by section 16 of U. P. Act XIV of 1960.
4- Subs. by section 17 (i) (a) ibid.
5- Subs by section 17 (11) ibid.
208 [The United Provinces Nurses, Midwives, Assistant Midwives, [Section 34-35] [Auxiliary Nurse-Midwives and Health Visitors] Registration Act, 1934]
(f) to regulate the procedure to be followed in disposing of appeals from the decisions of the council; and
(g) to regulate the application of fees and other monies received by the council under or for the purposes of this Act.
(3) In addition to the powers conferred by section 14 the Council may, with the previous sanction of the [State Government] 1 make regulations --
(a) to regulate the maintenance of registers and the conditions of admission thereto under section 23 [* * *] 2 and to prescribe the form of application for such admission
(b) to regulate the conduct [of examinations for nurses, midwives, assistant midwives] 3 [auxiliary nurse-midwives and health visitors] 4 or of any [other] 5 examinations which may be prescribed as a condition of admission to the register and any matters ancillary to or connected with any such examinations;
(c) to prescribe the travelling and other expenses, pay-entry of names erased or removed from the register;
(d) to regulate the publication of annual lists of registered nurses, midwives, assistant midwives, [auxiliary nurse-midwives and health visitors] 4 ;
(e) to prescribe the travelling and other expenses payable to the members of the Council or Committees;
(f) to regulate the accounts of the Council and their audit, and
(g) generally to provide for any matters with respect to which the Council think provision should be made for the purposes of this Act, and to prescribe anything which under this Act is to be prescribed.
(4) All rules and regulations made under this Act shall be published in the [Official Gazette.]
6 Certain persons to be public servants Act 45 of 1860
34. Every person appointed under sub-sections (1) and (2) of section 16 shall be deemed to be a public servant within the meaning. of section 21 of the Indian Penal Code.
Procedure in inquiries and appeals Act 1 of 1872
35. For the purpose of any inquiry held under section 21 the Council shall be deemed to be a court within the meaning. of the Indian Evidence Act, 1872, and shall exercise the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 and every such inquiry shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 10 of the said Public Servants (Inquiries) Act, 1850.
---------------------------------------------------------------------------------------- 1- Subs. by A. O. 1950 for "Provincial Government."
2- The words and figures ‘and section 24’ deleted by section 7 of U.P. Act No. 35 of
1952.
3- Ins. by section 5 (i) of U. P. Act XVI of 1948.
4- Subs, by s, 17 (ii) of U. P. Act XIV of 1960.
5- Ins. by section 5 (ii) of U. P. Act XVI of 1948.
6- Subs, for (U. P. Govt. Gazette) by the A. O. 1937.
209 [The United Provinces Nurses, Midwives, Assistant Midwives, [Section 36-37] [Auxiliary Nurse-Midwives and Health Visitors] Registration Act, 1934] Bar to suit and legal proceedings
36. No suit or other legal proceedings shall lie in respect of an act done in good faith in the exercise of a power conferred by this Act on the [State Government] 1 the Councilor the Registrar.
Control of Council by State Government
37. If at anytime it shall appear to the [State Government] 1 that the Council has failed to exercise or has exceeded or abused power conferred upon it by or under this Act or has failed to perform a duty imposed upon it by or under this Act, the [State Government] 1 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 or abuse, within such time as the [State Government] 1 may fix in this behalf, the [State Government] 1 may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such agency and for such period as it may think fit :
Provided that it shall take steps as soon as may be convenient to constitute a new, Council in accordance with the terms of section 4.
1- Subs. by A. O. 1950 for "Provincial Government."