Full Text
THE NA TIONAL NURSING AND MIDWIFER Y COMMISSION
ACT , 2023
NO. 26 OF 2023
[12th August, 2023 .]
An Act to provide for regulation and maintenance of standards of education and
services by nursing and midwifery professionals, assessment of institutions,
maintenance of a National Register and State Registers and creation of a
system to improve access, research and development and adoption of latest
scientific advancement and for matters connected therewith or incidental
thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Nursing and Midwifery Commission
Act, 20 23.
(2) It shall come into force on such date as the Central Government may , by notification
in the Official Gazette, appoint; and different dates may be appointed for different provisions
of this Act and any reference in any provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.Short title and
commencement.vlk/kkj.k
EXTRAORDINARY
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PART II—Section 1
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No. 29] NEW DELHI, MONDA Y, AUGUST 14, 2023/SRA VANA 23, 1945 (SAKA)
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MINISTR Y OF LA W AND JUSTICE
(Legislative Department)
New Delhi, the 14th August, 2023/ Sravana 23, 1945 ( Saka )
The following Act of Parliament received the assent of the President on the
12th August, 2023 and is hereby published for general information:—
CG-DL-E-14082023-248092
2. In this Act, unless the context otherwise requires,—
(a) "Autonomous Board" means any of the Autonomous Boards constituted
under section 1 1;
(b) "Chairperson" means the Chairperson of the National Nursing and Midwifery
Commission appointed under section 4;
(c) "Fund" means the National Nursing and Midwifery Commission Fund referred
to in section 38;
(d) "midwifery" means a skilled, knowledgeable, and compassionate care for
childbearing women, new-born infants and families across the continuum from
pre-pregn ancy, pregnancy , birth, postpartum and the early weeks of life and includes—
(i) preventive measures;
(ii) promotion of normal birth;
(iii) detection of complications in mother and child;
(iv) accessing of medical care or other appropriate assistance;
(v) appropriate and timely referrals; and
(vi) carrying out emergency measures as per the scope of practice as
specified by the National Nursing and Midwifery Commission;
(e) "midwifery associate" means a member of the health team, who has acquired
the recognised qualification and is granted licence to practice as midwifery associate
by the National Nursing and Midwifery Commission, who—
(i) assists doctors or nurse practitioners in midwifery in the delivery of
babies; and
(ii) provides care during pregnancy , labour and postpartum period and
instruct parents in baby care as per the scope of practice specified by the National
Nursing and Midwifery Commission;
(f) "midwifery professional" means a person who has obtained the recognised
basic or advance qualification and is granted licence to practice by the National Nursing
and Midwifery Commission;
(g) "National Commission" means the National Nursing and Midwifery
Commission constituted under section 3;
(h) "National Register" means the Indian Nurses and Midwives' Register
maintained by the Nursing and Midwifery Ethics and Registration Board under
sectio n 25;
(i) "notification" means a notification published in the Gazette of India or the
Official Gazette of a State, as the case may be, and the expression "notify" with its
grammatical variation and cognate expressions shall be construed accordingly;
(j) "nurse" means a healthcare professional who—
(i) has completed a formally recognised programme of basic, generalised
nursing education and who has acquired the requisite qualification and is
granted licence to practice nursing by the National Nursing and Midwifery
Commis sion; an d
(ii) demonstrates competency in the practice of nursing;
(k) "nurse practitioner" means a licensed nurse who—
(i) has completed a formally recognised advanced education and training
programme and has acquired the requisite qualification and is granted licence to
practice by the National Commission; and
(ii) demonstrates clinical competencies for the scope of practice, complex
decision making and have expert knowledge in the area of specialisation;Definitions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 3
(l) "nurse practitioner in midwifery" means a licensed nurse, who—
(i) has completed a formally recognised advanced education and training
programme and who has acquired the requisite qualification and is granted
licence to practice by the National Commission; and
(ii) demonstrates clinical competency for the scope of practice, complex
decision making and have expert knowledge in the area of specialisation;
(m) "nursing" means the autonomous and collaborative care of individuals of all
ages, families, groups and communities, sick or well and includes the promotion of
health, prevention of illness, care of physically ill, mentally ill, disabled and dying
people in all healthcare and other community settings by—
(i) carrying out healthcare teaching;
(ii) participating fully as a member of the healthcare team; and
(iii) supervising and training nursing and healthcare auxiliaries, additional
key nursing roles including advocacy , promotion of a safe environment, research,
participation in shaping health policy , in-patient health systems management
and education;
(n) "Nursing and Midwifery Assessment and Rating Board" means the Nursing
and Midwifery Assessment and Rating Board constituted under clause ( b) of
sub-section ( 1) of section 1 1;
(o) "Nursing and Midwifery Ethics and Registration Board" means the Nursing
and Midwifery Ethics and Registration Board constituted under clause ( c) of
sub-section ( 1) of section 1 1;
(p) "nursing and midwifery institution" means an educational and training
institution or a research institution within India, recognised under this Act, which
grants diploma or undergraduate or postgraduate or any other post degree diploma or
certificate in nursing and midwifery , and includes af filiated colleges and deemed to be
Universities;
(q) "nursing and midwifery leader" means any nursing or midwifery professional,
who is the Dean of a nursing educational institution, or Principal or Vice-Principal of a
college of nursing, or Nursing Superintendent, or Chief Nursing Officer of the Nursing
and Midwifery Department, in any institution or healthcare facility and possessing
such qualifications and experience as may be prescribed;
(r) "Nursing and Midwifery Undergraduate and Postgraduate Education Board"
means the Nursing and Midwifery Undergraduate and Postgraduate Education Board
constituted under clause ( a) of sub-section ( 1) of section 1 1;
(s) "nursing associate" means a member of the health team, who has acquired
the recognised qualification and is granted licence to practice as nursing associate by
the National Commission, who provides care for the sick and injured including those in
need of nursing care in varied health settings within his authorised scope of practice;
(t) "nursing professional" means a nurse registered with the National Commission,
having basic or advance qualification and includes a nurse practitioner in any speciality;
(u) "prescribed" means prescribed by rules made under this Act;
(v) "qualification" means the level of courses such as diploma, undergraduate
degree, postgraduate degree and higher qualification including certification courses,
inclusive of the specified curriculum of such courses or programmes;
(w) "recognised nursing and midwifery qualification" means a nursing and
midwifery qualification recognised under section 28 or section 29 or section 32, as the
case may be;
(x) "registered professional" means any associate or professional in nursing
and midwifery who is registered with any of the S tate Commissions or , as the case may
be, the National Commission under section 25;
(y) "regulations" means the regulations made by the National Commission under
section 52;
(z) "State Commission" means the State Nursing and Midwifery Commission
constituted under section 23;
(za) "State Register" means the State Register for Nursing Professionals and
Midwifery Professionals or the S tate Register for Nurse Associates and Midwifery
Associates, maintained by State Commission under section 25;
(zb) "University" shall have the same meaning as assigned to it in clause ( f) of
section 2 of the University Grants Commission Act, 1956 and includes an institution
declared to be deemed University under section 3 of that Act.
CHAPTER II
NATIONAL NURSING AND MIDWIFER Y COMMISSION
3. (1) The Central Government shall constitute a Commission, to be known as the
National Nursing and Midwifery Commission, with ef fect from such date as it may , by
notification, appoint, for exercising such powers and discharging such duties as are laid
down under this Act.
(2) The National Commission shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power , subject to the provisions of this Act,
to acquire, hold and dispose of property , both movable and immovable, and to contract, and
shall, by the said name, sue or be sued.
(3) The head office of the National Commission shall be at New Delhi.
4. The National Commission shall consist of a Chairperson, sixteen ex officio Members
and twelve Members as follows, namely:—
(a) a person having outstanding ability , proven administrative capacity and
integrity and possessing a postgraduate degree in nursing and midwifery profession
from any University with experience of not less than twenty years in the field of
nursing and midwifery , out of which at least ten years shall be as a nursing and
midwifery leader , to be appointed by the Central Government—Chairperson;
(b) one representative of the Department of Health and Family Welfare, Ministry
of Health and Family Welfare, not below the rank of Joint Secretary to the Government
of India who is in-char ge of nursing and midwifery—Member , ex officio ;
(c) one representative of the Ministry of Defence not below the rank of Additional
Director General, Military Nursing Services to the Government of India in the Directorate
General of Armed Forces Medical Services—Member , ex officio ;
(d) one representative of the Directorate General of Health Services not below
the rank of Additional Director General—Member , ex officio ;
(e) one person representing the National Medical Commission not below the
rank of Deputy Secretary to the Government of India—Member , ex officio ;
(f) President of each of the Autonomous Boards constituted under
section 1 1—Members, ex officio ;
(g) three persons, not below the rank of Chief Nursing Officer or Nursing
Superintendent of any of the hospitals or Dean or Principal of College of Nursing, as
the case may be, to be nominated by the Central Government from Central Government
hospitals or Nursing and Midwifery Institutions of repute in such manner as may be
prescribed—Members, ex officio ;National
Nursing and
Midwifery
Commission.
Composition
of National
Commission.3 of 1956.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 5
(h) one person from each of the six zones, as may be prescribed, not below the
rank of Chairperson, who shall be a nursing and midwifery professional, representing
the State Commissions, on biennial rotation in the alphabetical order as per the zonal
distribution of States and Union territories, to be nominated in such manner as may be
prescribed—Members, ex officio ;
(i) six nursing members of eminence, one from each of the six zones, as may be
prescribed, from nursing and midwifery profession of outstanding ability , proven
administrative capacity and integrity , possessing a postgraduate degree in any
discipline of nursing and midwifery from any University and having experience of not
less than fifteen years in the field of nursing and midwifery , out of which at least
seven years shall be as a nursing and midwifery leader , to be nominated by the S tate
Governments in such manner as may be prescribed—Membe rs:
Provided that the States and Union territories represented under clauses ( h) and ( i)
shall be distinct;
(j) four nursing and midwifery members of eminence, of which at least two shall
be midwifery professionals, of outstanding ability , proven administrative capacity and
integrity , possessing a postgraduate degree in any discipline of nursing and midwifery
from any University and having experience of not less than fifteen years in the field of
nursing and midwifery , out of which at least seven years shall be as a nursing and
midwifery leader , to be nominated by the Central Government in such manner as may
be prescribed—Members;
(k) one person representing charitable institutions engaged in education or
services in the field of nursing and midwifery and having such qualification and
experience, to be appointed by the Central Government in such manner as may be
prescribed—Member; and
(l) a person of eminence to be appointed by the Central Government, in such
manner as may be prescribed, from amongst persons of ability , integrity and standing,
who have special knowledge and professional experience in such areas including
management, law , medical ethics, health research, consumer or patient rights advocacy ,
science and technology and economics—Member .
5. (1) The Central Government shall appoint—
(i) the Chairperson and Members referred to in clauses ( a), (j), (k) and ( l) of
section 4;
(ii) the Secretary referred in sub-section ( 2) of section 8; and
(iii) the President and Members of Autonomous Boards referred in
sub-sections ( 3), (4) and ( 5) of section 12,
on the recommendations of a Search-cum-Selection Committee consisting of—
(a) the Secretary , Ministry of Health and Family Welfare—Chairperson;
(b) four nursing and midwifery experts possessing outstanding qualifications
and experience of not less than twenty-five years in the field of nursing and midwifery
education, public health nursing education and nursing health research, to be nominated
by the Central Government in such manner as may be prescribed—Members;
(c) one person, possessing outstanding qualifications and experience of not
less than twenty-five years in the field of management or law or economics or science
and technology , to be nominated by the Central Government in such manner as may be
prescribed—Member; and
(d) an Additional Secretary or a Joint Secretary to the Government of India
in-charge of nursing in the Ministry of Health and Family Welfare, to be the
Convenor—Member .Search-cum-
Selection
Committee for
appointment
of Chairperson
and Members
of National
Commission.
(2) The Central Government shall, within one month from the date of occurrence of any
vacancy , including by reason of death, resignation or removal of the Chairperson or Secretary
or a Member , or within three months before the end of tenure of the Chairperson or Secretary
or Member , make a reference to the Search-cum-Selection Committee for filling up of the
vacancy .
(3) The Search-cum-Selection Committee shall recommend a panel of at least three
names for each vacancy .
(4) The Search-cum-Selection Committee shall, before recommending any person for
appointment of the Chairperson or Secretary or Member , satisfy itself that such person does
not have any financial or other interest which is likely to affect prejudicially his functions as
such Chairperson or Secretary or Member .
(5) No appointment of the Chairperson or Secretary or Member of the National
Commission or , as the case may be, the President or Member of the Autonomous Boards,
shall be invalid merely by reason of any vacancy or absence of a Member in the
Search-cum-Sel ection Committee.
(6) Subject to the provisions of sub-sections ( 2) to ( 5), the Search-cum-Selection
Committee may regulate its own procedure.
6. (1) The Chairperson, Secretary and Members of the National Commission referred
to in clauses ( i), (j), (k) and ( l) of section 4, shall hold office for a term not exceeding four
years, as the Central Government may notify in this behalf, from the date on which they enter
upon their office and shall not be eligible for any extension or reappointment.
(2) A person who has completed the age of sixty-five years on the date of application
shall not be eligible for the post of Member of the National Commission.
(3) The term of office of an ex officio Member shall continue as long as such Member
holds the of fice by virtue of which he is a Member .
(4) Where a Member appointed to the National Commission under clause ( i) or cl ause ( j)
or clause ( k) or clause ( l) of section 4, is absent from three consecutive ordinary meetings of
the National Commission and the cause of such absence is not attributable to any valid
reason in the opinion of the National Commission, such Member shall be deemed to have
vacated the seat.
(5) The Chairperson of the National Commission and the Members of the National
Commission referred to in clauses ( i), (j), (k) and ( l) of section 4, shall receive such salaries or
travelling and other allowances as may be prescribed.
(6) Notwithstanding anything contained in sub-section ( 1), the Chairperson or a
Member of the National Commission referred to in clauses ( i), (j), (k) and ( l) of section 4,
may—
(a) relinquish his office by giving in writing to the Central Government a notice
of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 7:
Provided that, if the Central Government so decides, such person may be relieved from
duties earlier than three months or be allowed to continue beyond three months until a
successor is appointed.
(7) The Chairperson and every Member of the National Commission shall make
declaration of his assets and liabilities at the time of entering upon his office and at the time
of demitting office and also declare his professional and commercial engagement or
involvement in such form and manner as may be prescribed, and the said declaration shall be
published on the website of the National Commission.Term of
office and
conditions of
service of
Chairperson
and Members
of National
Commission.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 7
(8) The Chairperson or a Member of the National Commission referred to in clauses ( i),
(j), (k) and ( l) of section 4, ceasing to hold office as such, shall not accept, for a period of
two years from the date of demitting such office, any employment, in any capacity including
as a consultant or an expert, in any private nursing and midwifery institution, whose matter
has been dealt with by such Chairpers on or Member , either directly or indirectly:
Provided that nothing contained herein shall be construed as preventing such person
from accepting an employment in a body or institution, including nursing and midwifery
institution, controlled or maintained by the Central Government or a State Government:
Provided further that nothing contained herein shall prevent the Central Government
from permitting the Chairperson or a Member of the National Commission to accept any
employment in any capacity , including as a consultant or expert in any private nursing and
midwifery institution whose matter has been dealt with by such Chairperson or Member .
7. (1) The Central Government may , by order , remove from of fice, the Chairperson or
any other Member of the National Commission, who—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) has acquired such financial or other interest as is likely to affect prejudicially
his functions as a Member; or
(f) has so misused his position as to render his continuance in office prejudicial
to the public interest.
(2) No Member shall be removed under clauses ( e) and ( f) of sub-section ( 1) unless he
has been given a reasonable opportunity of being heard.
8. (1) There shall be a secretariat for the National Commission to be headed by a
Secretary , to be appointed by the Central Government in accordance with the provisions of
section 5.
(2) The Secretary of the National Commission shall be a person of outstanding ability ,
proven administrative capacity and integrity , possessing such qualifications and experience,
as may be prescribed.
(3) The Secretary shall hold the office for a term of four years and shall not be eligible
for any extension or reappointment.
(4) The Secretary shall also be the Member Secretary of each of the Autonomous
Boards constituted under section 11.
(5) The Secretary shall discharge such functions of the National Commission and that
of each of the Autonomous Boards constituted under section 1 1, as may be specified by
regulations.
(6) The National Commission may , for the optimum dischar ge of its functions under
this Act, appoint such of ficers, and other employees of the National Commission other than
the Secretary , as it considers necessary , against the posts created by the Central Government
as recommended by the National Commission.
(7) The salaries and allowances payable to and other terms and conditions of service
of the Secretary , officers and other employees of the National Commission shall be such, as
may be prescribed.Removal of
Chairperson
or Member of
National
Commission.
Secretary and
other
employees of
National
Commission.
(8) The National Commission may engage, in accordance with the procedure, such
number of experts, consultants and professionals of integrity and outstanding ability , as
may be specified by regulations, who have special knowledge of, and experience in such
fields, including nursing and midwifery education, public health nursing, management, health
economics, quality assurance, patient advocacy , nursing research, science and technology ,
administration, finance, information technology , statistics, nursing informatics, accounts
and law , as it deems necessary , to assist the National Commission in the dischar ge of its
functions under this Act.
(9) The National Commission may also invite, in accordance with the procedure, such
number of experts and domain specialists from foreign countries to the meetings of the
National Commission, as may be specified by regulations, who have special knowledge of
nursing and midwifery curriculum, practical training and pattern of examination including
licentiate examination of the relevant foreign country , as it deems necessary , to facilitate
global mobility and employability of registered professional.
9. (1) The National Commission shall meet at least once in every quarter at such time
and place as may be appointed by the Chairperson.
(2) The Chairperson shall preside over the meetings of the National Commission and if
for any reason the Chairperson is unable to attend such meeting, any other Member being
the President of an Autonomous Board, as may be nominated by the Chairperson, shall
preside over that meeting.
(3) Unless the procedure to be followed at the meetings of the National Commission is
otherwise provided by regulations, one-half of the total number of Members of the National
Commission including the Chairperson shall constitute the quorum at the meeting of the
National Commission and all the acts of the National Commission shall be decided by a
majority of the Members, present and voting and in the event of equality of votes, the
Chairperson, or in his absence, the President of the Autonomous Board nominated under
sub-section ( 2), shall have the casting vote.
(4) The general superintendence, direction and control of the administration of the
National Commission shall vest in the Chairperson.
(5) No act done by the National Commission shall be questioned on the ground of the
existence of a vacancy in, or a defect in the constitution of, the National Commission.
10. (1) The National Commission shall take all such steps as it may think fit for ensuring
coordinated and integrated development of education and maintenance of the standards of
delivery of services, with periodic revisions, as may be specified by regulations.
(2) The National Commission may make regulations for the purposes of performing the
following functions, namely:—
(a) to frame policies and regulate standards for the governance of nursing and
midwifery education and training;
(b) to regulate nursing and midwifery institutions, researches, professionals and
associates;
(c) to identify and regulate any other category of nursing and midwifery
profession;
(d) to provide basic standards of education, physical and instructional facilities,
assessment, examination, training, research, continuing professional education and
maximum tuition fee payable in respect of various categories;
(e) to provide standards for nursing and midwifery faculty and clinical facility in
teaching institutions;
(f) to provide for a uniform mechanism for admission into the nursing and
midwifery institutions at various levels.
Explanation.— For the purposes of this clause, it is clarified that the authority
as may be designated by the Central Government shall make admissions into nursingMeetings of
National
Commission,
administration,
etc.
Powers and
functions of
National
Commission.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 9
and midwifery institutions in such uniform manner at all India level, and the authority
as may be designated by the State Government shall make admissions in the same
manner into nursing and midwifery institutions at State level;
(g) to provide for a mechanism, either through final year undergraduate exam or
otherwise, to ensure adequate competence of the nursing and midwifery professionals
for enrolment in the National Register or S tate Register , as the case may be, and for
granting licence to practice as a nursing and midwifery professional;
(h) to collaborate with industry and other institutions for use of cutting-edge
technology and hybrid education to drive innovation and research in the field of
nursing and midwifery;
(i) to integrate soft skills and elective courses in the curriculum of nursing and
midwifery qualifications and to take measures to enhance skills and competency of
registered professional for facilitating global mobility;
(j) to assess the nursing and midwifery requirements in healthcare, including
human resources for various healthcare settings, provide mechanisms for career
development pathways for all nursing and midwifery related cadres including
appropriate lateral entry as applicable and advise the Central Government on matters
pertaining thereto;
(k) to ensure policies and codes to ensure observance of professional ethics in
nursing and midwifery profession and to promote ethical conduct during the provision
of care by nursing and midwifery professionals, including nursing associates and
midwifery associates;
(l) to promote, co-ordinate and frame guidelines and lay down policies for the
proper functioning of the National Commission, the Autonomous Boards, the Advisory
Council and the State Commissions;
(m) to ensure coordination among the Autonomous Boards;
(n) to take such measures, as may be necessary , to ensure compliance of the
guidelines framed and regulations made under this Act by the S tate Commissions for
their effective functioning;
(o) to exercise appellate jurisdiction with respect to the decisions of Autonomous
Boards; and
(p) to perform such other functions as may be prescribed.
(3) The National Commission may delegate such of its functions, except the power to
make regulations, to the Autonomous Boards as it may deem necessary .
(4) The National Commission shall, at least once a year , hold a meeting with the
National Medical Commission, Pharmacy Council of India, National Commission for Indian
System of Medicine, National Commission for Homoeopathy and National Commission for
Allied and Healthcare Professions, or the corresponding National Regulator for regulating
the said professions, at such time and place as they mutually appoint, to enhance the
interface between different workforce categories in modern system of medicine, develop
consensus on issues and promote team based approach to healthcare delivery .
(5) Every order and decision of the National Commission shall be authenticated by the
signature of its Secretary .
(6) The National Commission may delegate such of its powers of administrative and
financial matters, as it deems fit, to its Secretary .
(7) The National Commission may constitute sub-committees and delegate such of its
powers to such sub-committees as may be necessary to enable them to accomplish specific
tasks.
CHAPTER III
AUTONOMOUS BOARDS
11. (1) The Central Government shall, by notification, constitute the following
Autonomous Boards, under the overall supervision of the National Commission, to perform
the functions assigned to such Boards under this Act, namely:—Autonomous
Boards.
(a) the Nursing and Midwifery Undergraduate and Postgraduate Education
Board;
(b) the Nursing and Midwifery Assessment and Rating Board; and
(c) the Nursing and Midwifery Ethics and Registration Board.
(2) Every Autonomous Board referred to in sub-section ( 1) shall be an autonomous
body which shall carry out its functions under this Act in such manner as may be specified
by regulations.
12. (1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board
shall have not more than two wh ole-tim e Members and not more than two part-time Members
other than a President.
(2) The Nursing and Midwifery Assessment and Rating Board and the Nursing and
Midwifery Ethics and Registration Board shall consist of a President, not more than two
whole-time Members and not more than two part-time Members.
(3) The President of each Autonomous Board, two whole-time Members and one
part-time Member of Nursing and Midwifery Undergraduate and Postgraduate Education
Board, and one whole-time Member and one part-time Member of Nursing and Midwifery
Assessment and Rating Board and Nursing and Midwifery Ethics and Registration Board,
shall be persons of outstanding ability , proven administrative capacity and integrity ,
possessing a postgraduate degree in any discipline of nursing and midwifery from any
University and having experience of not less than fifteen years, out of which at least seven
years shall be as a nursing and midwifery leader to be appointed by the Central Government
on the recommendations of the Search-cum-Selection Committee constituted under
section 5.
(4) The second whole-time Member of the Nursing and Midwifery Assessment and
Rating Board, to be appointed by the Central Government on the recommendations of the
Search-cum-Selection Committee constituted under section 5, shall be a person of outstanding
ability and integrity , possessing a postgraduate degree in any of the disciplines of
management, quality assurance, law or science and technology from any University , having
hands on clinical experience of not less than fifteen years in such field, out of which at least
seven years shall be as the Head of a Department or the Head of an Institute or an organisation.
(5) The second whole-time Member of the Nursing and Midwifery Ethics and
Registration Board, to be appointed by the Central Government on the recommendations of
the Search-cum-Selection Committee constituted under section 5, shall be a person of
outstanding ability who has demonstrated public record of work on nursing or medical
ethics or a person of outstanding ability possessing a postgraduate degree in any of the
disciplines of quality assurance, public health, law or patient advocacy from any University
and having experience of not less than fifteen years in such field, out of which at least seven
years shall be as the Head of a Department or the Head of an Institute or an organisation.
(6) The second part-time Member of the Nursing and Midwifery Assessment and
Rating Board, the Nursing and Midwifery Ethics and Registration Board and the Nursing
and Midwifery Undergraduate and Postgraduate Education Board, shall be chosen from
amongst the nursing and midwifery Members representing the State Commissions under
clause ( h) of section 4, in such manner as may be prescribed.
13. (1) The President and the whole-time Members of each Autonomous Board shall
hold office for a term not exceeding four years and shall not be eligible for any extension or
reappointment:
Provided that the part-time Members of each Autonomous Board shall hold the of fice
for a term of two years:
Provided further that a Member should be less than sixty-five years of age on the date
of application for the of fice of Member .
(2) The vacancies of each Autonomous Board shall be filled in such manner as may be
prescribed.Composition
of
Autonomous
Boards.
Term of of fice
and conditions
of service of
President and
Members.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 11
(3) The salaries and allowances payable to, and other terms and conditions of service
of the President and the whole-time Members of an Autonomous Board shall be such as may
be prescribed.
(4) Every part-time Member of an Autonomous Board shall be entitled for such
allowances as may be prescribed.
(5) The provisions of sub-sections ( 4), (5), (6), (7) and ( 8) of section 6 relating to other
terms and conditions of service, and section 7 relating to removal from the office, of the
Chairperson and Members of the National Commission shall mutatis mutandis apply to the
President and Members of the Autonomous Boards.
14. (1) Each Autonomous Board, except the Nursing and Midwifery Ethics and
Registration Board, shall be assisted by such advisory committees consisting of experts as
may be constituted by the National Commission, for the efficient discharge of the functions
of such Autonomous Board.
(2) The Nursing and Midwifery Ethics and Registration Board shall be assisted by
such ethics committees of experts as may be constituted by the National Commission for the
efficient dischar ge of the functions of such Autonomous Board.
15. (1) The experts, consultants, professionals, officers and other employees appointed
under section 8 shall be made available to the Autonomous Boards in such number and
manner , as may be specified by regulations.
(2) The foreign experts and domain specialists from foreign countries invited by the
National Commission under section 8 shall also be made available to the Autonomous Boards
in such number and manner , as may be specified by regulations.
16. (1) Every Autonomous Board shall meet at least once in a month at such time and
place as it may appoint.
(2) Every decision of the Autonomous Boards shall be made by majority of votes of its
respective President and Members.
(3) Subject to the provisions of section 21, a person aggrieved by any decision of an
Autonomous Board, may prefer an appeal to the National Commission against such decision
within thirty days of the communication of that decision and the National Commission
shall, after giving an opportunity of being heard, dispose of the appeal within a period of
sixty days from the date of such appeal.
17. (1) The President of each Autonomous Board shall have such administrative and
financial powers as may be delegated to it by the National Commission to enable such
Autonomous Board for optimum functioning.
(2) The President of an Autonomous Board may further delegate any of his powers to
a Member or an of ficer of such Autonomous Board.
18. (1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board
shall perform the following functions, namely:—
(a) determine the minimum requirements and standards of nursing and midwifery
education and examination at undergraduate level and postgraduate level, in such
manner as may be specified by regulations, and oversee all aspects relating thereto;
(b) develop dynamic competency based curriculum at undergraduate level and
postgraduate level, in such manner as may be specified by regulations, with a view to
develop appropriate skill, knowledge, attitude, values and ethics to provide hea lthcar e,
impart nursing and midwifery education and conduct research:
Provided that the competencies shall be aligned with the needs of the national
health programme, across continuum of care in varied healthcare settings in order to
ensure optimum healthcare delivery system;
(c) prescribe qualifications at the undergraduate level and postgraduate level in
nursing and midwifery and such other particulars, as may be specified by regulations;Advisory
committees of
experts.
Staff of
Autonomous
Boards.
Meetings,
etc., of
Autonomous
Boards.
Powers of
Autonomous
Boards and
delegation of
powers.
Powers and
functions of
Nursing and
Midwifery
Undergraduate
and
Postgraduate
Education
Board.
(d) prescribe standards for setting up of nursing and midwifery institutions for
imparting undergraduate and postgraduate courses, having regard to the needs of the
country and the global norms, in such manner as may be specified by regulations;
(e) determine the standards and norms for infrastructure, faculty and quality of
education in nursing and midwifery institutions providing undergraduate and
postgraduate nursing and midwifery education, in such manner as may be specified by
regulations;
(f) facilitate development and training of faculty members for teaching, research
as well as international student and faculty exchange programmes relating to
undergraduate, nursing and midwifery education;
(g) specify norms for compulsory annual disclosures, clinical facilities, faculty ,
digitally or otherwise, by nursing and midwifery institutions, in respect of their functions
that has a bearing on the interest of all stakeholders including students, faculty , State
Commissions, the National Commission and the Central Government;
(h) regulate the standards and scope of practice of registered nursing and
midwifery professionals, including nurse practitioners, nursing associates and
midwifery associates who have obtained the nursing and midwifery qualification as
provided by the Nursing and Midwifery Undergraduate and Postgraduate Education
Board, in such manner as may be specified by regulations; and
(i) regulate, in consultation with the National Medical Commission, the limited
prescribing authority for nurse practitioners in all specialities, who have obtained the
requisite nursing and midwifery qualification and qualify such criteria as may be
provided by the Nursing and Midwifery Undergraduate and Postgraduate Education
Board, in such manner as may be specified by regulations.
(2) The Nursing and Midwifery Undergraduate and Postgraduate Education Board
shall, in the discharge of its duties, make such recommendations to, and seek such directions
from, the National Commission, as it may deem necessary .
19. (1) The Nursing and Midwifery Assessment and Rating Board shall perform the
following functions, namely:—
(a) the procedure for assessing and rating the nursing and midwifery institutions
for their compliance with the standards laid down by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board, shall be such as may be specified
by regulations;
(b) grant permission for establishment of a new nursing and midwifery institution,
or to start any postgraduate level or higher qualification course, or to increase number
of seats, in accordance with the provisions of section 21;
(c) conduct inspections of nursing and midwifery institution for assessing and
rating such institutions in such manner as may be specified by regulations:
Provided that the Nursing and Midwifery Assessment and Rating Board may , if
it deems necessary , hire and authorise any other inspection agency or accreditation
body or persons for conducting inspections of nursing and midwifery institutions for
assessing and rating such institutions:
Provided further that where inspection of nursing and midwifery institution is
conducted by such inspection agency or accreditation body or persons authorised by
the Nursing and Midwifery Assessment and Rating Board, it shall be obligatory on
such institution to provide access to such agency or person:
Provided also that the Nursing and Midwifery Assessment and Rating Board
may conduct evaluation and assessment of any nursing and midwifery institution atPowers and
functions of
Nursing and
Midwifery
Assessment
and Rating
Board.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 13
any time, either directly or through any other expert having integrity and experience of
nursing and midwifery profession and without any prior notice and assess and evaluate
the performance, standards and benchmarks of such nursing and midwifery institution;
(d) conduct, or where it deems necessary , empanel independent rating agencies
to conduct, assess and rate all nursing and midwifery institutions, within such period
of their opening, at such time, and in such manner as may be specified by regulations;
(e) make available on its website or in public domain the assessment and ratings
of nursing and midwifery institutions at regular intervals in such manner as may be
specified by regulations;
(f) take such measures, including issuing warning, imposition of monetary penalty ,
reducing intake or stoppage of admissions and recommending to the National
Commission for withdrawal of recognition, against a nursing and midwifery institution
for failure to maintain the minimum essential standards specified by the Nursing and
Midwifery Undergraduate and Postgraduate Education Board, in such manner as may
be specified by regulations:
Provided that the monetary penalty imposed shall not be less than one-tenth,
and not more than five times, of the total amount charged, by whatever name called, by
such institution for one full batch of students of undergraduate course or postgraduate
course, as the case may be:
Provided further that the Nursing and Midwifery Assessment and Rating Board
shall consult the Nursing and Midwifery Undergraduate and Postgraduate Education
Board before recommending to the National Commission for withdrawal of recognition
of a nursing and midwifery institution that fails to maintain the minimum essential
standards specified by the Nursing and Midwifery Undergraduate and Postgraduate
Education Board.
(2) The Nursing and Midwifery Assessment and Rating Board shall, in the dischar ge
of its functions, make such recommendations to, and seek such directions from, the National
Commission, as it may deem necessary .
20. (1) The Nursing and Midwifery Ethics and Registration Board shall perform the
following functions, namely:—
(a) maintain the National Register for all registered professionals in accordance
with the provisions of section 25;
(b) approve or reject applications for registration of professionals governed
under this Act;
(c) regulate professional conduct and promote nursing and midwifery ethics in
such manner as may be specified by regulations:
Provided that the Nursing and Midwifery Ethics and Registration Board shall
ensure compliance of the code of professional and ethical conduct through the State
Commission in a case where such State Commission has been conferred power to take
disciplinary action in respect of professional or ethical misconduct by nursing and
midwifery professionals under this Act;
(d) develop mechanisms to have continuous interaction with State Commissions
to effectively promote and regulate the conduct of nursing and midwifery professionals;
(e) exercise appellate jurisdiction with respect to the actions taken by a State
Commission under section 24; and
(f) provide for mechanisms for receiving complaints and grievance redressal.
(2) The Nursing and Midwifery Ethics and Registration Board shall, in the discharge of
its duties, make such recommendations to, and seek such directions from, the National
Commission, as it may deem necessary .Powers and
functions of
Nursing and
Midwifery
Ethics and
Registration
Board.
21. (1) No person shall establish a new nursing and midwifery institution, or start any
postgraduate course, or increase number of seats, without obtaining prior permission of the
Nursing and Midwifery Assessment and Rating Board:
Provided that the Nursing and Midwifery Assessment and Rating Board shall consult
the Nursing and Midwifery Undergraduate and Postgraduate Education Board before
according or refusing to accord such permission.
(2) For the purposes of obtaining permission under sub-section ( 1), a person may
submit a proposal to the Nursing and Midwifery Assessment and Rating Board in such form,
containing such particulars, accompanied by such fee, and in such manner , as may be
specified by regulations.
(3) The Nursing and Midwifery Assessment and Rating Board shall, having due regard
to the criteria specified in section 22, consider the proposal received under sub-section ( 2)
and either approve or disapprove such proposal within a period of six months from the date
of such receipt:
Provided that before disapproving such proposal, an opportunity to rectify the defects,
if any , shall be given to the person concerned.
(4) Where a proposal is approved under sub-section ( 3), such approval shall be deemed
to be the permission under sub-section ( 1) to establish a new nursing and midwifery institution
or start any postgraduate course or increase number of seats, as the case may be.
(5) Where a proposal is disapproved under sub-section ( 3), or where no decision is
taken within six months of submitting a proposal under sub-section ( 2), the person concerned
may prefer an appeal to the National Commission for approval of that proposal within fifteen
days of such disapproval or , as the case may be, lapse of six months, in such manner as may
be specified by regulations.
(6) The National Commission shall decide the appeal received under sub-section ( 5)
within a period of forty-five days from the date of receipt of the appeal and in case the
National Commission approves the proposal, such approval shall be the permission under
sub-section ( 1) to establish a new nursing and midwifery institution or start any postgraduate
course or increase number of seats, as the case may be, and in case the National Commission
disapproves the proposal, or fails to give its decision within the specified period, the person
concerned may prefer a second appeal to the Central Government within thirty days of
communication of such disapproval or , as the case may be, after the lapse of specified period.
Explanation .—For the purposes of this section, the term "person" includes a University ,
trust or any other association of persons or body of individuals, but does not include the
Central Government.
22. The Nursing and Midwifery Assessment and Rating Board or , as the case may be,
the National Commission, shall, while approving or disapproving a proposal under sect ion 2 1,
take into consideration the following criteria, namely:—
(a) adequacy of financial resources;
(b) whether adequate academic faculty and other necessary facilities have been
provided to ensure proper functioning of nursing and midwifery institution or will be
provided within the time-limit specified in the proposal;
(c) whether adequate hospital facilities have been provided or will be provided
within the time-limit specified in the proposal; and
(d) such other factors as may be specified by regulations:
Provided that subject to the previous approval of the Central Government, the criteria
may be relaxed for the nursing and midwifery institutions which are set up in such areas as
may be specified by regulations.
CHAPTER IV
STATE NURSING AND MIDWIFER Y COMMISSIONS
23. (1) Every State Government shall, within one year from the commencement of this
Act, by notification, constitute a State Nursing and Midwifery Commission, where no such
State Commission exists in that S tate by a S tate Law , for exercising such powers and
dischar ging such duties as may be laid down under this Act.Criteria for
approving or
disapproving
proposal.
Constitution
and
composition
of State
Nursing and
Midwifery
Commission.Permission
for
establishment
of new
nursing or
midwifery
institution.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 15
(2) The State Nursing and Midwifery Commission shall be a body corporate by the
name aforesaid, having perpetual succession and a common seal, with power to acquire,
hold and dispose of property , both movable and immovable, and to contract and shall by the
same name sue or be sued.
(3) The State Commission shall consist of the following Members, namely:—
(a) a person of outstanding ability , proven administrative capacity and integrity ,
possessing a postgraduate degree in nursing and midwifery from any University and
having experience of not less than twenty years in the field of nursing and midwifery ,
out of which at least ten years shall be as a nursing and midwifery leader , to be
nominated by the State Government—Chairperson;
(b) one Director or Additional Director or Joint Director representing nursing in
the Health Department of the S tate Government—Member , ex officio :
Provided that if no such position exists in a State, the in-charge for nursing
education and services may be appointed as such Member;
(c) two persons not below the rank of Dean or Head of the Department from any
nursing or midwifery college or institute of the State Government—Members, ex officio ;
(d) two persons of eminence, one from nursing and one from midwifery profession
having such qualifications and experience as may be prescribed by the State
Government, to be nominated by the State Government—Members;
(e) two persons of eminence, one from nursing and one from midwifery
associates, to be nominated by the State Government having such qualifications and
experience as may be prescribed by the State Government—Members;
(f) two persons, one from nursing and one from midwifery , representing charitable
institutions engaged in education or services in connection with nursing and midwifery
having such qualifications and experience as may be prescribed by the State
Government, to be nominated by the State Government—Members.
(4) The Chairperson, and Members of the State Commission referred to in clauses ( a),
(d), (e) and ( f) of sub-section ( 3), shall hold office for a term not exceeding four years, as the
State Government may notify in this behalf, from the date on which they enter upon their
office, and shall not be eligible for any extension or reappointment.
24. (1) The State Commission shall take all such steps as it may think fit for ensuring
coordinated and integrated development of education and maintenance of the standards of
delivery of services under this Act.
(2) The S tate Commission may , for the purposes of performing its functions,—
(a) enforce the professional conduct, code of ethics and etiquette to be observed
by the nursing and midwifery professionals including associates in the State and take
disciplinary action including the removal of name of a professional from the State
Register;
(b) ensure standards of education, courses, curricula, physical and instructional
facilities, staff pattern, staff qualifications, quality instructions, assessment, examination,
training, research, continuing professional education as provided by the Autonomous
Boards;
(c) maintain the State Registers for registered professionals;
(d) issue certification of specialisation or other forms of certification to those
who practice the profession of nursing and midwifery;
(e) conduct common counselling for admission to nursing associate and
midwifery associate courses regulated under this Act;
(f) provide for a skill based examination to ensure adequate competence of
Nursing and Midwifery Associates before enrolment in the S tate Register;
(g) ensure compliance of all the directives issued by the National Commission;Functions of
State
Commission.
(h) meet with Principals of all colleges of nursing and schools of nursing in the
State at least once in every quarter to identify and resolve issues; and
(i) perform such other functions as may be entrusted to it by the State Government
or Union territory Administration or the National Commission or as may be necessary
for implementation of the provisions of this Act.
(3) Where a S tate Act confers power upon the S tate Commission to take disciplinary
action in respect of any professional or ethical misconduct by a registered professional, the
State Commission shall act in such manner as may be specified by regulations and the
guidelines framed under this Act:
Provided that till such time as a State Commission is constituted in a State, the Nursing
and Midwifery Ethics and Registration Board shall receive the complaints and grievances
relating to any professional or ethical misconduct against a registered professional in that
State in accordance with such procedure as may be specified by regulations:
Provided further that the Nursing and Midwifery Ethics and Registration Board or the
State Commission, as the case may be, shall give an opportunity of hearing to the registered
professional concerned before taking any action, including imposition of any monetary
penalty against such person.
(4) A registered professional or any person, who is aggrieved by any action taken by
a State Commission under sub-section ( 3), may prefer an appeal to the Nursing and Midwifery
Ethics and Registration Board within a period of sixty days against such action, and the
Nursing and Midwifery Ethics and Registration Board shall decide on the appeal within a
period of sixty days, and the decision of the Nursing and Midwifery Ethics and Registration
Board thereupon shall be binding on the State Commission, unless a second appeal is
preferred under sub-section ( 5).
(5) A registered professional or any person, who is aggrieved by the decision of the
Nursing and Midwifery Ethics and Registration Board, may prefer a second appeal to the
National Commission within a period of sixty days of receipt of communication of such
decision and the National Commission shall dispose of such appeal within a period of
ninety days from the date of that appeal.
Explanation .—For the purposes of this Act, the expressions—
(a) "professional or ethical misconduct" includes any act of commission or
omission as may be specified by regulations; and
(b) "State" includes Union territory and the expressions "State Government"
and "S tate Nursing and Midwifery Commission", in relation to a Union territory , shall
respectively mean the "Central Government" and "Union Territory Nursing and
Midwifery Commission".
CHAPTER V
REGISTRA TION
25. (1) The Nursing and Midwifery Ethics and Registration Board shall maintain an
online and live Indian Nurses and Midwives' Register containing the name, address, all
recognised qualifications possessed by a nursing professional, midwifery professional,
nursing associate, midwifery associate and such other particulars as may be specified by
regulations.
(2) The Nursing and Midwifery Ethics and Registration Board shall maintain the National
Register in such form, including digital form, and in such manner , as may be specified by
regulations.
(3) The manner in which a name or qualification may be added to, or removed from, the
National Register and the grounds for adding thereto or removal thereof, shall be such as
may be specified by regulations.
(4) The National Register shall be a public document within the meaning of section 74
of the Indian Evidence Act, 1872.National
Register and
State Register .
1 of 1872.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 17
(5) The Nursing and Midwifery Ethics and Registration Board shall make available the
National Register to the public in the form of a digital portal accessible on the website of the
Nursing and Midwifery Ethics and Registration Board in such manner and form as may be
specified by regulations.
(6) Every State Commission shall maintain and regularly update, in digital form, the
State Register for Nursing Professionals and Midwifery Professionals and the State Register
for Nursing Associates and Midwifery Associates in the specified digital format and supply
a physical copy of the same to the Nursing and Midwifery Ethics and Registration Board
within three months of the commencement of this Act.
(7) The Nursing and Midwifery Ethics and Registration Board shall ensure dynamic
and electronic synchronisation of the National Register and the State Registers in such a
manner that any change in one register is automatically reflected in the other register .
26. (1) Any person having a recognised nursing and midwifery qualification shall have
his name and qualifications enrolled in the National Register or the State Register for Nursing
and Midwifery Professionals, as the case may be, and shall be granted a licence to practice
in such manner and following such procedures, as may be specified by regulations:
Provided that a person, who has been registered in the Nurses Register maintained
under the Indian Nursing Council Act, 1947 prior to the coming into force of this Act, shall be
deemed to have been registered under this Act and be enrolled in the National Register or the
State Register for Nursing and Midwifery Professionals, as the case may be, maintained
under this Act.
(2) A citizen of India, who has obtained a nursing and midwifery qualification recognised
under section 29 or section 32 from a nursing and midwifery institution established in a
country outside India, shall be entitled for registration under this Act in such manner as may
be specified by regulations.
(3) When a person, whose name is entered in the National Register or any State
Register , as the case may be, obtains any title, diploma or other qualification for proficiency
in nursing sciences or public health nursing, which is a recognised nursing and midwifery
qualification under section 28 or section 29, as the case may be, he shall be entitled to have
such title, diploma or qualification entered against his name in the National Register or the
same S tate Register , as the case may be, in such manner as may be specified by regulations.
(4) The registration and licence granted under this section shall be renewed in such
manner as may be specified by regulations.
27. (1) No person, other than a person who is enrolled in the National Register or State
Register , shall—
(a) be allowed to practice nursing or midwifery as a qualified nursing or midwifery
professional or nursing or midwifery associate;
(b) be entitled to give evidence at any inquest or in any court of law as an expert
under section 42 of the Indian Evidence Act, 1872 on any matter relating to nursing and
midwifery:
Provided that a foreign citizen who is enrolled in his country as a nursing and midwifery
professional in accordance with the law regulating the registration of nursing and midwifery
professional in that country may be permitted temporary registration in India for such period
and in such manner as may be specified by regulations.
(2) Any person who contravenes any of the provisions of this section shall be punished
with imprisonment for a term which may extend to one year , or with fine which may extend to
five lakh rupees, or with both.Rights of
persons to
have licence
to practice
and to be
enrolled in
National
Register or
State Register
for Nursing
and Midwifery
Professionals
and their
obligations
thereto.
Bar to
practice.
1 of 1872.48 of 1947.
CHAPTER VI
RECOGNITION OF NURSING AND MIDWIFER Y QUALIFICA TIONS
28. (1) Every nursing and midwifery qualification granted by any University or nursing
and midwifery institution in India shall be listed and maintained by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board in such manner as may be specified by
regulations, and such nursing and midwifery qualification shall be a recognised nursing and
midwifery qualification for the purposes of this Act.
(2) Every University or nursing and midwifery institution in India which conducts any
course for nursing or midwifery qualification, not included in the list maintained by the
Nursing and Midwifery Undergraduate and Postgraduate Education Board may apply to
that Board for granting recognition to such qualification.
(3) The Nursing and Midwifery Undergraduate and Postgraduate Education Board
shall examine the application for grant of recognition to an undergraduate or postgraduate or
speciality or clinical nurse speciality or nurse practitioner course in all specialities of nursing
and midwifery qualification within a period of six months, in such manner as may be specified
by regulations.
(4) Where the Nursing and Midwifery Undergraduate and Postgraduate Education
Board decides to grant recognition to a nursing and midwifery qualification, it shall include
such qualification in the list maintained by it and also specify the date of effect of such
recognition.
(5) An institution or University aggrieved by the decision under sub-section ( 3) may ,
within sixty days from the communication of such decision, prefer an appeal to the National
Commission and the National Commission shall, within a period of sixty days from the date of
filing of such appeal, pass such orders as it thinks fit, after giving an opportunity of being heard.
(6) Where the National Commission decides not to grant recognition to the nursing
and midwifery qualification or fails to take a decision within the specified period, the University
or nursing and midwifery institution concerned may prefer a second appeal to the Central
Government within a period of thirty days of the communication of such decision or after the
lapse of specified period, as the case may be.
(7) All nursing and midwifery qualifications which have been recognised before the
date of commencement of this Act and are included in the Part I and Part II of the Schedule to
the Indian Nursing Council Act, 1947, shall also be recognised nursing and midwifery
qualifications for the purposes of this Act, and shall be listed and maintained by the Nursing
and Midwifery Undergraduate and Postgraduate Education Board in such manner as may be
specified by regulations.
(8) If any authority within a State, being recognised by the State Government in
consultation with the S tate Commission or any autonomous body , if any , for the purpose of
granting any qualification, grants a qualification which is not recognised by the National
Commission, then, such authority may apply to the National Commission to have such
qualification recognised, and the National Commission may declare that such qualification,
or such qualification only when granted after a specified date, shall be a recognised
qualification for the purposes of this Act.
(9) Every S tate Government may , for the purposes of addressing or promoting public
health nursing and midwifery practice in rural areas, take necessary measures to enhance the
capacity of the nursing and midwifery professionals.
29. (1) Where an authority in any country outside India, which by the law of that
country is entrusted with the recognition of nursing and midwifery qualifications in that
country , makes an application to the National Commission for granting recognition to such
nursing and midwifery qualification in India, the National Commission may , subject to such
verification as it may deem necessary , either grant or refuse to grant recognition to that
nursing and midwifery qualification:Recognition
of nursing and
Midwifery
qualifications
granted by
Universities or
nursing and
midwifery
institutions in
India.
Recognition
of nursing and
midwifery
qualifications
granted by
nursing and
midwifery
institutions
outside India.48 of 1947.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 19
Provided that the National Commission shall give a reasonable opportunity of being
heard to such authority before refusing to grant such recognition.
(2) The nursing and midwifery qualification, which is granted recognition by the National
Commission under sub-section ( 1), shall be a recognised nursing and midwifery qualification
for the purposes of this Act, and such qualification shall be listed and maintained by the
National Commission in such manner as may be specified by regulations:
Provided that practice by a person possessing such qualification shall be permitted in
such manner as may be specified by regulations.
(3) Where the National Commission refuses to grant recognition to the nursing and
midwifery qualification under sub-section ( 1), the authority concerned may prefer an appeal
to the Central Government against such decision within a period of thirty days of
communication thereof and the Central Government shall dispose of the appeal within a
period of ninety days from the date of such appeal.
(4) The mutual recognition of the qualifications for reciprocal registration of nursing
and midwifery professionals between two countries shall be done in such manner as may be
specified by regulations.
30. (1) The nursing and midwifery qualifications granted by any statutory or other
recognised body in India before the commencement of this Act shall be recognised as
nursing and midwifery qualifications in such manner as may be specified by the National
Commission for the purposes of this Act.
(2) The Central Government may , on the recommendation of the National Commission,
and having regard to the objects of this Act, by notification, add to, or , as the case may be,
omit any category of nursing and midwifery qualifications granted by a statutory or other
body in India and on such addition, or as the case may be, omission, the nursing and
midwifery qualifications granted by such statutory or other body in India shall be, or shall
cease to be, recognised nursing and midwifery qualifications for the purposes of this Act.
31. (1) Where, upon receiving the recommendations or report from the Nursing and
Midwifery Assessment and Rating Board under section 19, or from a S tate Commission or a
State Government or otherwise, if the National Commission is of the opinion that—
(a) the courses of study and examination to be undergone in, or the proficiency
required from candidates at any examination held by , a University or nursing and
midwifery institution do not conform to the standards specified by the Nursing and
Midwifery Undergraduate and Postgraduate Education Board; or
(b) the standards and norms for infrastructure, faculty and quality of education
in the nursing and midwifery institution, as determined by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board are not adhered to by any University
or nursing and midwifery institution, and such University or nursing and midwifery
institution has failed to take necessary corrective action to maintain specified minimum
standards,
the National Commission may initiate action in accordance with the provisions of
sub-section ( 2).
(2) The National Commission shall, after making such further inquiry as it deems fit,
and after holding consultations with the concerned State Government and the authority of
the concerned University or nursing and midwifery institution, comes to the conclusion that
the recognition granted to a nursing and midwifery qualification ought to be withdrawn, it
may, by order , withdraw recognition granted to such qualification and direct the Nursing and
Midwifery Undergraduate and Postgraduate Education Board to amend the entries against
the University or nursing and midwifery institution concerned in the list maintained by that
Board to the effect that the recognition granted to such nursing and midwifery qualification
is withdrawn with ef fect from the date specified in that order .Recognition
of nursing and
midwifery
qualifications
granted by
statutory or
other body in
India.
Withdrawal of
recognition
granted to
nursing and
midwifery
qualification
granted by
nursing and
midwifery
institutions in
India.
32. Where the National Commission deems it necessary , it may , by an order published
in the Official Gazette, direct that any nursing and midwifery qualification granted by a
nursing and midwifery institution in a country outside India, after such date as may be
specified in that order , shall be a recognised nursing and midwifery qualification for the
purposes of this Act:
Provided that before providing the recognition, the equivalence in terms of curriculum,
practical training and number of years of course may be examined in such manner as may be
specified by regulations:
Provided further that practice by a person possessing such qualification shall be
permitted in such manner as may be specified by regulations.
33. Where, after verification with the authority in any country outside India, the
National Commission is of the opinion that a recognised nursing and midwifery qualification
which is included in the list maintained by it is to be derecognised, it may , by order , derecognise
such nursing and midwifery qualification and remove it from the list maintained by the
National Commission with ef fect from the date of such order .
CHAPTER VII
NURSING AND MIDWIFER Y ADVISOR Y COUNCIL
34. (1) The Central Government shall constitute an advisory body to be known as the
Nursing and Midwifery Advisory Council.
(2) The Nursing and Midwifery Advisory Council (hereafter in this Chapter referred
to as the Advisory Council) shall consist of a Chairperson and the following Members,
namely:—
(a) the Chairperson of the National Commission shall be the ex officio Chairperson
of the Advisory Council;
(b) one officer not below the rank of Joint Secretary representing Ministry of
Ayush—Member , ex officio ;
(c) Presidents of the three Autonomous Boards—Members, ex officio ;
(d) Secretary of the National Commission—Member , ex officio ;
(e) one person to represent each State and each Union territory who shall be a
Dean (Nursing) or Principal of a nursing and midwifery institution in that State or
Union territory , as the case may be, or the representative of the S tate Nursing and
Midwifery Commission, to be nominated by that State Government or by the Ministry
of Home Affairs, Government of India in the case of Union territory—Member;
(f) the Chairman, University Grants Commission—Member , ex officio ;
(g) the Director , National Assessment and Accreditation Council—Member ,
ex offic io;
(h) one representative from Indian Council of Medical Research not below the
rank of Additional Director General—Member , ex officio ;
(i) three Directors, one each to represent the Indian Institute of Technology , the
Indian Institute of Management and the Indian Institute of Science, to be nominated
by the Central Government—Members, ex officio ;
(j) Head of any three national level professional nursing and midwifery
association, to be nominated by the Chairperson of the Advisory Council, so that
there shall be adequate representation of major stakeholders—Members.
(3) The Members nominated under clauses ( e) and ( j) of sub-section ( 2) shall hold
office for a term not exceeding four years, as the Central Government may notify in this
behalf, from the date on which they enter upon their office.Special
provision in
certain cases
for
recognition of
nursing and
midwifery
qualifications.
Derecognition
of nursing and
midwifery
qualifications
granted by
nursing and
midwifery
institutions
outside India.
Nursing and
Midwifery
Advisory
Council.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 21
35. (1) The Advisory Council shall be the primary platform through which the S tates
and Union territories may put forth their views and concerns before the National Commission
and help in shaping the overall agenda, policy and action relating to nursing and midwifery
education, services, training and research.
(2) The Advisory Council shall advise the National Commission on measures to
determine and maintain, and to co-ordinate maintenance of, the minimum standards in all
matters relating to nursing and midwifery education, services, training and research.
(3) The Advisory Council shall advise the National Commission on measures to enhance
equitable access to nursing and midwifery education, services, training and research.
36. (1)The Advisory Council shall meet at least once a year at such time and place as
may be decided by its Chairperson.
(2)The Chairperson of the Advisory Council shall preside over the meeting of the
Advisory Council and if for any reason the Chairperson is unable to attend a meeting of the
Advisory Council, such other Member as may be nominated by the Chairperson shall preside
over such meeting.
(3)Unless the procedure is otherwise provided by regulations, two-thirds of the
Members of the Advisory Council including the Chairperson shall form the quorum and all acts
of the Advisory Council shall be decided by a majority of the Members present and voting.
(4)The Members nominated under clauses ( e) and ( j) of sub-section ( 2) of
section 34 shall hold office for a term not exceeding four years, as may be notified by the
Central Government in this behalf.
CHAPTER VIII
GRANTS , AUDIT AND ACCOUNTS
37. The Central Government may , after due appropriation made by Parliament by law in
this behalf, make to the National Commission grants of such sums of money as the Central
Government may think fit.
38. (1) There shall be constituted a fund to be called the National Nursing and Midwifery
Commission Fund, which shall form part of the public account of India and there shall be
credited thereto—
(a) all fees, penalties and charges received by the National Commission and the
Autonomous Boards;
(b) all sums received by the National Commission from such other sources as
may be decided by it.
(2) The Fund shall be applied for making payment towards—
(a) the salaries and allowances payable to the Chairperson, Secretary and
Members of the National Commission, the Presidents and Members of the Autonomous
Boards and the administrative expenses including the salaries and allowances payable
to the of ficers and other employees of the National Commission and Autonomous
Boards;
(b) the expenses incurred in carrying out the provisions of this Act, including in
connection with the discharge of the functions of the National Commission and the
Autonomous Boards.
39. (1) The National Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may be prescribed, in
consultation with the Comptroller and Auditor -General of India.
(2) The accounts of the National Commission shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any expenditureFunctions of
Nursing and
Midwifery
Advisory
Council.
Meetings of
Nursing and
Midwifery
Advisory
Council.
Grants by
Central
Government.
National
Nursing and
Midwifery
Commission
Fund.
Audit and
accounts.
incurred in connection with such audit shall be payable by the National Commission to the
Comptroller and Auditor -General of India.
(3) The Comptroller and Auditor -General of India and any other person appointed by
him in connection with the audit of the accounts of the National Commission shall have the
same rights and privileges and authority in connection with such audit as the Comptroller
and Auditor -General generally has in connection with the audit of Government accounts and
in particular , shall have the right to demand the production of, and complete access to,
records, books, accounts, connected vouchers and other documents and papers and to
inspect the office of the National Commission.
(4) The accounts of the National Commission as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this behalf, together with
the audit report thereon, shall be forwarded annually by the National Commission to the
Central Government which shall cause the same to be laid, as soon as may be after it is
received, before each House of Parliament.
40. (1) The National Commission shall furnish to the Central Government, at such time,
in such form and in such manner , as may be prescribed or as the Central Government may
direct, such reports and statements, containing such particulars in regard to any matter
under the jurisdiction of the National Commission, as the Central Government may , from time
to time, require.
(2) The National Commission shall prepare, once every year , in such form and at such
time as may be prescribed, an annual report, giving a summary of its activities during the
previous year and copies of the report shall be forwarded to the Central Government.
(3) A copy of the report received under sub-section ( 2) shall be laid by the Central
Government, as soon as may be after it is received, before each House of Parliament.
CHAPTER IX
MISCELLANEOUS
41. (1) Without prejudice to the provisions of this Act, the National Commission, the
Autonomous Boards and the Nursing and Midwifery Advisory Council shall, in exercise of
their powers and dischar ge of their functions under this Act, be bound by such directions on
questions of policy as the Central Government may give in writing to them from time to time:
Provided that the National Commission, the Autonomous Boards and the Advisory
Council shall, as far as practicable, be given an opportunity to express their views before any
direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not,
shall be final.
42. The Central Government may give such directions, as it may deem necessary , to a
State Government for carrying out all or any of the provisions of this Act and the S tate
Government shall comply with such directions.
43. The National Commission may give such directions, as it may deem necessary , to
a State Commission for carrying out all or any of the provisions of this Act and the S tate
Commission shall comply with such directions.Power of
Central
Government
to give
directions to
National
Commission,
Autonomous
Boards and
Nursing and
Midwifery
Advisory
Council.
Power of
Central
Government
to give
directions to
State
Governments.Furnishing of
returns and
reports to
Central
Government.
Power of
National
Commission
to give
directions to
State
Commissions.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 23
44. (1) The National Commission shall furnish such reports, copies of its minutes,
abstracts of its accounts, and other information to the Central Government as that Government
may require.
(2) The Central Government may publish, in such manner as it may think fit, the
reports, minutes, abstracts of accounts and other information furnished to it under
sub-section ( 1).
45. Every University and nursing and midwifery institution governed under this Act
shall maintain a website at all times and display on its website all such information as may be
required by the National Commission or an Autonomous Board, as the case may be.
46. (1) Notwithstanding anything contained in this Act, any student who was studying
for a degree, diploma or certificate in any nursing and midwifery institution, immediately
before the commencement of this Act, shall continue to so study and complete his course for
such degree, diploma or certificate, and such institution shall continue to provide instructions
and examination for such student in accordance with the syllabus and studies as existed
before such commencement, and that student shall be deemed to have completed his course
of study under this Act and shall be awarded degree, diploma or certificate under this Act.
(2) Notwithstanding anything contained in this Act, where recognition granted to a
nursing institution has lapsed, whether by efflux of time or by its voluntary surrender or for
any other reason, such nursing institution shall continue to maintain and provide the minimum
standards required to be provided under this Act till such time as all candidates who are
admitted in that nursing institution complete their study .
47. The Chairperson, Members, officers and other employees of the National
Commission and State Commissions, and the President, Members and officers and other
employees of the Autonomous Boards, shall be deemed, when acting or purporting to act in
pursuance of any of the provisions of this Act, to be public servants within the meaning of
section 21 of the Indian Penal Code.
48. No suit, prosecution or other legal proceeding shall lie against the Government,
the National Commission or any Autonomous Board or a S tate Commission or any committee
thereof, or any officer or other employee of the Government or of the National Commission
acting under this Act for anything which is in good faith done or intended to be done under
this Act or the rules or regulations made thereunder .
49. No court shall take cognizance of an of fence punishable under this Act except
upon a complaint in writing made in this behalf by an officer authorised by the
National Commission or the Nursing and Midwifery Ethics and Registration Board or a
State Commission, as the case may be.
50. (1) If, at any time, the Central Government is of the opinion that—
(a) the National Commission is unable to discharge the functions and duties
imposed on it by or under the provisions of this Act; or
(b) the National Commission has persistently made default in complying with
any direction issued by the Central Government under this Act or in the dischar ge of
the functions and duties imposed on it by or under the provisions of this Act,
the Central Government may , by notification, supersede the National Commission for such
period, not exceeding six months, as may be specified in such notification:
Provided that before issuing a notification under this sub-section, the Central
Government shall give a reasonable opportunity to the National Commission to show causeInformation
to be furnished
by National
Commission
and
publication
thereof.
Obligation of
Universities
and nursing
and midwifery
institutions.
Completion of
courses of
studies in
nursing and
midwifery
institutions.
Chairperson,
Members,
officers of
National
Commission
and of
Autonomous
Boards, to be
public
servants.
Protection of
action taken
in good faith.
Cognizance of
offences.
Power of
Central
Government
to supersede
National
Commission.45 of 1860.
as to why it should not be superseded and shall consider the explanations and objections, if
any, of the National Commission.
(2) Upon the publication of a notification under sub-section ( 1) superseding the National
Commission—
(a) all its Members shall, as from the date of supersession, vacate their offices as
such;
(b) all the powers, functions and duties which may , by or under the provisions of
this Act, be exercised or dischar ged by or on behalf of the National Commission, shall,
until the National Commission is re-constituted under sub-section ( 3), be exercised
and discharged by such nursing and midwifery professionals as the Central Government
may direct; and
(c) all property owned or controlled by the National Commission shall, until the
National Commission is re-constituted under sub-section ( 3), vest in the Central
Government.
(3) On the expiration of the period of supersession specified in the notification issued
under sub-section ( 1), the Central Government may—
(a) extend the period of supersession for such further term not exceeding
six months, as it may consider necessary; or
(b) re-constitute the National Commission by fresh appointments and in such
case the Members who vacated their offices under clause ( a) of sub-section ( 2) shall
not be deemed to be disqualified for appointment:
Provided that the Central Government may , at any time before the expiration of the
period of supersession, whether as originally specified under sub-section ( 1) or as extended
under this sub-section, take action under clause ( b) of this sub-section.
(4) The Central Government shall cause a notification issued under sub-section ( 1)
and a full report of any action taken under this section and the circumstances leading to such
action to be laid before both Houses of Parliament at the earliest opportunity .
51. (1) The Central Government may , subject to the condition of previous publication,
make rules for carrying out the provisions of this Act.
(2) In particular , and without prejudice to the generality of the foregoing power , such
rules may provide for all or any of the following matters, namely:—
(a) the qualifications and experience required for a nursing and midwifery leader
under clause ( q) of section 2;
(b) the six zones referred to in clauses ( h) and ( i) and the manner of appointing
Members of the National Commission under clauses ( g), (h), (i), (j), (k) and ( l), of
section 4;
(c) the manner of nominating experts by the Central Government under cla uses ( b)
and ( c) of sub-section ( 1) of section 5;
(d) the salary and allowances payable to, and other terms and conditions of
service of the Chairperson and Members under sub-section ( 5) of section 6;
(e) the form and manner of making declaration under sub-section ( 7) of section 6;
(f) the qualifications and experience to be possessed by the Secretary of the
National Commission under sub-section ( 2) of section 8;
(g) the salaries and allowances payable to and other terms and conditions of
service of the Secretary , officers and other employees of the National Commission
under sub-section ( 7) of section 8;Power of
Central
Government
to make rules.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 25
(h) the other functions of the National Commission under clause ( o) of
sub-section ( 2) of section 10;
(i) the manner of choosing Members under sub-section ( 6) of section 12;
(j) the manner of filling up of vacancies of each Autonomous Board under
sub-section ( 2) of section 13;
(k) the salary and allowances payable to, and other terms and conditions of
service of the President and Members of an Autonomous Board under su b-sections ( 3)
and ( 4) of section 13;
(l) the form for preparing annual statement of accounts under sub-section ( 1) of
section 39;
(m) the time within which, and the form and the manner in which, the reports and
statements shall be furnished by the National Commission and the particulars with
regard to any matter as may be required by the Central Government under
sub-section ( 1) of section 40;
(n) the form and the time for preparing annual report under sub-section ( 2) of
section 40;
(o) the amount of compensation for which the employees of the erstwhile Indian
Nursing Council shall be entitled under the proviso to sub-section ( 5) of section 56; and
(p) any other matter in respect of which provision is to be made by rules for
carrying out the purposes of this Act.
52. (1) The National Commission may , subject to the condition of previous publication,
make regulations consistent with this Act and the rules made thereunder to carry out the
provisions of this Act.
(2) In particular , and without prejudice to the generality of the foregoing power , such
regulations may provide for all or any of the following matters, namely:—
(a) the functions to be discharged by the Secretary of the National Commission
under sub-section ( 5) of section 8;
(b) the procedure in accordance with which experts, consultants and
professionals may be engaged and the number of such experts, consultants and
professionals under sub-section ( 8) of section 8;
(c) the procedure in accordance with which and the number of experts and
domain specialists are to be invited from foreign countries for meetings of the
Commission under sub-section ( 9) of section 8;
(d) the procedure to be followed at the meetings of National Commission, including
the quorum at its meetings under sub-section ( 3) of section 9;
(e) steps to be taken for the coordinated and integrated development of education
and maintenance of the standards of delivery of services, with periodic revision under
sub-section ( 1) of section 10;
(f) the purposes of performing its functions by the National Commission under
sub-section ( 2) of section 10;
(g) the manner of making available and the number of experts, consultants,
professionals, officers and other employees appointed including the experts and domain
specialists invited from foreign countries under section 8, to the Autonomous Boards
under section 15;
(h) the manner of determining the minimum requirements and standards of nursing
and midwifery education and examination at undergraduate level and postgraduate
level under clause ( a) of sub-section ( 1) of section 18;
(i) the manner of developing dynamic competency based curriculum at
undergraduate level and postgraduate level under clause ( b) of sub-section ( 1) of
section 18;Power to
make
regulations.
(j) prescribing qualifications at the undergraduate level and postgraduate level
in nursing and midwifery and such other particulars under clause ( c) of sub-section ( 1)
of section 18;
(k) the standards for setting up of nursing and midwifery institutions for imparting
undergraduate and postgraduate courses, having regard to the needs of the country
and the global norms under clause ( d) of sub-section ( 1) of section 18;
(l) the manner of determining the standards and norms for infrastructure, faculty
and quality of education in nursing and midwifery institutions providing undergraduate
and postgraduate nursing and midwifery education under clause ( e) of sub-section ( 1)
of section 18;
(m) the manner of regulating the standards and scope of practice of registered
nursing and midwifery professionals, including nurse practitioners, nursing associates
and midwifery associates who have obtained the nursing and midwifery qualification
as provided by Nursing and Midwifery Undergraduate and Postgraduate Education
Board under cl ause ( h), and the manner of regulating the limited prescribing authority
in consultation with the National Commission under clause ( i), of sub-section ( 1) of
section 18;
(n) the manner of determining the procedure for assessing and rating the nursing
and midwifery institutions for their compliance with the standards laid down by the
Nursing and Midwifery Undergraduate and Postgraduate Education Board under
clause ( a) of sub-section ( 1) of section 19;
(o) the manner of carrying out inspections of nursing and midwifery institution
for assessing and rating such institutions under clause ( c) of sub-section ( 1) of
section 1 9;
(p) the time and manner of conducting, or where it deems necessary , empanelling
independent rating agencies to conduct, assess and rate all nursing and midwifery
institutions, within such period of their opening under clause ( d) of sub-section ( 1) of
section 19;
(q) the manner of making available on the website or in public domain the
assessment and ratings of nursing and midwifery institutions at regular intervals,
under clause ( e) of sub-section ( 1) of section 19;
(r) the measures to be taken including the manner of issuing warning, imposition
of monetary penalty , reducing intake or stoppage of admissions and recommending to
the National Commission for withdrawal of recognition, against a nursing and midwifery
institution for failure to maintain the minimum essential standards specified by the
Nursing and Midwifery Undergraduate and Postgraduate Education Board under
claus e (f) of sub-section ( 1) of section 19;
(s) the manner of regulating professional conduct and promoting nursing and
midwifery ethics under clause ( c) of sub-section ( 1) of section 20;
(t) the form, particulars and fee for submitting a proposal to the Nursing and
Midwifery Assessment and Rating Board for the purposes of obtaining permission
under sub-section ( 1) of section 21, under sub-section ( 2) of the said section;
(u) the manner of preferring appeal to the National Commission under
sub-section ( 5) of section 21;
(v) other factors to be taken into consideration by the Nursing and Midwifery
Assessment and Rating Board or , as the case may be, the National Commission while
approving or disapproving a proposal under section 22, and the nursing and midwifery
institutions set up in such areas which are eligible for relaxation of the criteria under
the said section;
(w) the manner of taking disciplinary actions by the State Commission in respect
of any professional or ethical misconduct by a registered professional under
sub-section ( 3) of section 24;
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 27
(x) the manner of receiving the complaints and grievances relating to any
professional or ethical misconduct against a registered professional in a State by the
Nursing and Midwifery Ethics and Registration Board under the first proviso to
sub-section ( 3) of section 24;
(y) the acts of commission or omission which would amount to professional or
ethical misconduct under the Explanation to section 24;
(z) such other particulars to be specified in the online and live National Register
maintained by the Nursing and Midwifery Ethics and Registration Board under
sub-section ( 1) of section 25;
(za) the form and manner in which the National Register is to be maintained
under sub-section ( 2) of section 25;
(zb) the manner in which a name or qualification may be added to, or removed
from, the National Register and the grounds for adding thereto or removal thereof
under sub-section ( 3) of section 25;
(zc) the form and manner in which the National Register shall be made available
to the public by placing it on the website of the Nursing and Midwifery Ethics and
Registration Board under sub-section ( 5) of section 25;
(zd) the manner of granting a registration as nursing and midwifery professional
to a person who has obtained a recognised nursing and midwifery qualification and
getting his name and qualifications enrolled in the National Register or the State
Register for Nursing and Midwifery Professionals under sub-section ( 1) of section 26;
(ze) the manner of getting entered the title, diploma or qualification against his
name in the National Register or the State Register under sub-section ( 3) of section 26;
(zf) the manner of renewal of registration under sub-section ( 4) of section 26;
(zg) the period and manner in which a foreign citizen may be permitted temporary
registration in India under the proviso to sub-section ( 1) of section 27;
(zh) the manner of listing and maintaining nursing and midwifery qualification
granted by any University or nursing and midwifery institution in India by the Nursing
and Midwifery Undergraduate and Postgraduate Education Board under sub-section ( 1)
of section 28;
(zi) the manner of listing and maintaining nursing and midwifery qualification
granted by any University or nursing and midwifery institution in India by the Nursing
and Midwifery Undergraduate and Postgraduate Education Board under su b-section ( 2)
of section 28;
(zj) the manner of examining the application for grant of recognition to an
undergraduate or postgraduate or speciality or clinical nurse speciality or nurse
practitioner course in all specialities of nursing and midwifery qualification under
sub-section ( 3) of section 28;
(zk) the manner of listing and maintaining all nursing and midwifery qualifications
which have been recognised before the date of commencement of this Act and are
included in the Part I and Part II of the Schedule to the Indian Nursing Council Act, 1947
under sub-section ( 7) of section 28;
(zl) the manner of listing and maintaining the nursing and midwifery qualification,
which is granted recognition by the National Commission and the manner of practice
by a person possessing such qualification under sub-section ( 2) of section 29;
(zm) the manner of mutual recognition of the qualifications for reciprocal
registration of nursing and midwifery professionals between two countries under
sub-section ( 4) of section 29;
(zn) the manner of examining the equivalence in terms of curriculum, practical48 of 1947.
training and number of years of course under the first proviso to section 32;
(zo) the manner in which a person possessing necessary qualification shall be
permitted to practice under the second proviso to section 32;
(zp) the procedure to be followed at the meetings of Nursing and Midwifery
Advisory Council under sub-section ( 3) of section 36; and
(zq) any other matter in respect of which provision is to be made by regulations
for carrying out the purposes of this Act.
53. (1) The S tate Government may , by notification, make rules for carrying out the
provisions of section 23 and sub-section ( 9) of section 28.
(2) In particular , and without prejudice to the generality of the foregoing power , such
rules may provide for the qualifications and experience to be possessed by members to be
nominated in the State Nursing and Midwifery Commission under clauses ( d), (e) and ( f) of
sub-section ( 3) of section 23.
(3) Every rule made under this section shall, as soon as may be, after it is made, be laid
before the State Legislature.
54. Every rule and regulation made and every notification issued under this Act shall
be laid, as soon as may be after it is made or issued, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or notification; both Houses agree that the rule or
regulation or notification should not be made or issued, the rule or regulation or notification
shall thereafter have effect only in such modified form or be of no effect, as the case may be;
so, however , that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule or regulation or notification.
55. (1) If any dif ficulty arises in giving ef fect to the provisions of this Act, the Central
Government may , by order published in the Of ficial Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to it to be necessary , for removing
the difficulty:
Provided that no order shall be made under this section after the expiry of a period of
two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament.
56. (1) With ef fect from such date as the Central Government may appoint in this
behalf, the Indian Nursing Council Act, 1947 shall stand repealed and the Indian Nursing
Council constituted under sub-section ( 1) of section 3 of the said Act shall stand dissolved.
(2) Notwithstanding the repeal of the Act referred to in sub-section ( 1), it shall not
affect,—
(a) the previous operation of the Act so repealed or anything duly done or
suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under
the Act so repealed; or
(c) any penalty incurred in respect of any contravention under the Act so
repealed; or
(d) any proceeding or remedy in respect of any such right, privilege, obligation,
liability , penalty as aforesaid, and any such proceeding or remedy may be instituted,
continued or enforced, and any such penalty may be imposed as if that Act had not
been repealed.Power of State
Government
to make rules.
Laying of
rules,
regulations and
notifications
before
Parliament.
Power to
remove
difficulties.
Repeal and
saving.48 of 1947.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAR Y 29
(3) On the dissolution of the Indian Nursing Council, the person appointed as the
President and every other person appointed as the Member of the Indian Nursing Council
shall vacate their respective offices and such President and other Members shall be entitled
to claim compensation, fees and allowances for the premature termination of term of their
office for a period not exceeding ninety days.
(4) Every officer who has been appointed on deputation basis in the Indian Nursing
Council shall, on its dissolution, stand reverted to his parent cadre, Ministry or Department,
as the case may be.
(5) The services of other employees who have been, before the dissolution of the
Indian Nursing Council, employed on regular basis by the Indian Nursing Council, shall
continue for no longer than one year after the enactment of this Act, as an interim arrangement
and thereafter , further continuity or otherwise of their services shall be determined by the
National Commission on the basis of their performance appraisal or evaluation:
Provided that such employees of the erstwhile Indian Nursing Council shall be entitled
to compensation which shall not be less than three months' pay and allowances, as may be
prescribed.
(6) Notwithstanding the repeal of the Indian Nursing Council Act, 1947, any order
made, any licence to practice issued, any registration made, any permission to start a new
nursing college or institution, or to start higher course of studies, or for increase in the
admission capacity granted, or any recognition of nursing qualifications granted, under the
said Act, which are in force as on the date of commencement of this Act, shall continue to be
in force till the date of their expiry for all purposes, as if they had been issued or granted
under the provisions of this Act or the rules or regulations made thereunder .
57. (1) The National Commission shall be the successor in interest to the Indian
Nursing Council including its subsidiaries or owned trusts and all the assets and liabilities of
the Indian Nursing Council shall be deemed to have been transferred to the National
Commission.
(2) Notwithstanding the repeal of the Indian Nursing Council Act, 1947, the educational
standards, requirements and other provisions of the said Act and the rules and regulations
made thereunder shall continue to be in force and operate till new standards or requirements
are specified under this Act or the rules and regulations made thereunder:
Provided that anything done, or any action taken, as regards the educational standards
and requirements under the enactment under repeal and the rules and regulations made
thereunder , shall be deemed to have been done or taken under the corresponding provisions
of this Act and shall continue in force accordingly unless and until superseded by anything
done or by any action taken under this Act.
————
DR. REET A VASISHT A,
Secretary to the Govt. of India.Transitory
provisions.
48 of 1947.48 of 1947.
MGIPMRND—293GI(S3)—14-08-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.
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