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7226 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99
EXTRAORDINARY
PART II —Section 3 —Sub-section ( i)
PUBLISHED BY AUTHORITY
No. 664] NEW DEL HI, FRIDAY , NOVEMBER 17, 2023/ KARTIKA 26, 1945
CG-DL-E-18112023-250133
दिनांकाः.....................................
[फा. सं. Z.16015/08/2023 -N]
MINISTRY OF HEALTH AND FAMILY WELFARE
(Department of Health and Family Welfare)
NOTIFICATION
New Delhi, the 17th November , 2023
G.S.R. 847(E).—The following draft of rules which the Central Government, proposes to make, in exercise
of powers conferred by section 51(1) of the National Nursing and Midwifery Commission Act, 2023 (26 of 2023) is
hereby published for the information of person s likely to be affected thereby and notice is hereby given that the said
draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of
the Official Gazette in which this notification is published are made available to the public; Objections and
suggestions, if any, may be addressed to Shri Rakesh Kumar, Deputy Director, Nursing Division, Ministry of Health
and Family Welfare, Room No.504, A Wing, Nirman Bhawan, New Delhi, or may be sent through e -mail at
[email protected] and nursing [email protected] . The objections or suggestions which may be received from any
person with respect to said draft rules, before the expiry of the period so specified above, will be considered by the
Central Government.
Draft Rules
In exercise of the powers conferred by cla use (a), (b), (c), (d), (e), (f), (g), (h), (i)), (j), (k), (o) and (p) of sub section
(2) of section 51 of the National Nursing and Midwifery Commission Act 2023 (26 of 2023), the Central Government
hereby makes the following rules,
1. Short title and co mmencement .––(1) These rules may be called the National Nursing and Midwifery Commission
(Manner of Appointment and Nomination of Members, Secretary and Members of Autonomous Boards, their
Salary, Allowances and Terms and Conditions of Service, and Declara tion of Assets, Professional and Commercial
Engagements) Rules, 2023.
(2)They shall come into force from the date of their publication in the Official Gazette.
2. Definitions .––(1) In these rules, unless the context otherwise requires, ––
(a) “Act” means th e National Nursing and Midwifery Commission Act, 2023;
(b) “Commission” means the National Nursing and Midwifery Commission constituted under section 3 of the
Act;
(c) “State Commission” means the State Nursing and Midwifery Commission constituted under Se ction 23 of
the Act;
(d) “section” means a section of the Act.
(e) “Board” means Autonomous Board constituted under section 11 of the Act.
(2) Words and expressions used in these rules and not defined herein but defined in the Act, shall have the respectiv e
meanings assigned to them in the Act.
3. Qualifications and experience for a Nursing and Midwifery Leader under clause (q) of Section (2). – Nursing
and Midwifery leader defined under clause (q) of section (2) shall be a person who is the Dean of a nursi ng
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;
(a) possesses a graduate degree in any discipline of nursing and midwifery education from a recognised
University;
(b) registered with the National Register or State Register; and
(c) having experience of not less than 15 years and holding administrative position for 4 years in the field of
nursing and midwifery from a recognised institution or University or healthcare facility.
4. Zonal distribution of the States and Union Territo ries under clauses (h) and (i) of Section (4). - The zonal
distribution of the States and Union Territories shall be as under:
(a) The Northern Zone shall include 04 States and 04 Union Territories namely; Haryana, Himachal Pradesh,
Punjab, Rajasthan, Nati onal Capital Territory of Delhi, Chandigarh, Jammu & Kashmir, and Ladakh.
(b) The Central Zone shall include 04 States namely; Chhattisgarh, Uttarakhand , Uttar Pradesh and Madhya
Pradesh.
(c) The Eastern Zone shall include 04 States namely; Bihar, Jharkha nd, Odisha, and West Bengal.
(d) The North -Eastern Zone shall include 08 States namely; Assam, Arunachal Pradesh, Manipur, Nagaland,
Mizoram, Tripura, Meghalaya, and Sikkim.
(e) The Western Zone shall include 03 States and 01 Union Territory namely; Goa, G ujarat, , Maharashtra,
Dadra & Nagar Haveli and Daman & Diu.
(f) The Southern Zone shall include 05 States and 03 Union Territories namely; Andhra Pradesh, Karnataka,
Kerala, Tamil Nadu, Telangana, Puducherry, Andaman and Nicobar Islands, and Lakshadweep.
5. Manner of nominating Members of Commission under clause (g) of section 4. –– (1) The Members shall be
nominated by the Central Government for a term of two years from the Central Government hospitals or Nursing and
Midwifery Institutions of repute.
(2) In the event of occurrence of vacancy, including by reason of death, resignation or removal, as the case may be,
the Central Government shall appoint another person as member to the Search Cum Selection Committee at the
earliest but no later than three mont hs. The person so appointed shall remain a Member in the Search Cum Selection
Committee only for the remainder of the period of two years
6. Manner of appointment of Members of Commission under clause (h) of section 4. –– (1) The Members, not
below the rank of Chairperson of the State Commission, shall be appointed, one each from the six zones, as per the
zonal distribution of States and Union Territories, defined in Rule (4), on biennial rotation basis.
(2) The Members from each zone shall be selected by d raw of lots from the nominees of States and Union Territories
on such date as may be decided by the Central Government.
(3) A single slip shall be selected from each of the six draw boxes of lots representing six zones. The State or Union
Territory so sele cted shall not participate in the draw process of the next cycle and shall only be allowed after a gap of
one cycle.
(4) The draw of lots shall be conducted with paper slips of uniform size, colour and design bearing individual names
of each State and Unio n territories, which shall be folded in such manner so as to preserve the confidentiality.
(5) The draw of lots shall be conducted in the presence of the Union Health Secretary.
(6) In case of vacancy in the office of Chairperson of the State Commission, t he State Government shall nominate any
other Member from the State Commission until a new incumbent gets selected to the post of Chairperson of the State
Commission. The newly selected Chairperson of the State Commission in such case shall suo-moto became the
member of the Commission for rest of the period.
(7) In case State Commission is non -functional or not in existence, such State or Union Territory shall not participate
in the draw process and accordingly slips of such State or Union Territory shall not be included in the draw boxes.
(8) States and Union Territories selected under clauses (h) shall not participate in the draw process for the selection of
the Member under clause (i) of the section 4.
7. Manner of appointment of Members of Commis sion under clause (i) of section (4). –– (1) The Members shall
be appointed one each from the six zones, as per the zonal distribution of States and Union Territories defined in Rule
(4), on rotation basis for a period of two years. The State and Union Ter ritory shall nominate Member to the
Commission.
2) The Members from each zone shall be selected by draw of lots from the nominees of States and Union Territories
on such date as may be decided by the Central Government.
(3) A single slip shall be selected from each of the six draw boxes of lots representing six zones to select the member.
The State or Union Territory so selected shall not participate in the draw process of the next cycle and shall only be
allowed after a gap of one cycle.
(4) The draw of lo ts shall be conducted with paper slips of uniform size, colour and design bearing individual names
of each State and Union territories, which shall be folded in such manner so as to preserve the confidentiality.
(5) The draw of lots shall be conducted in t he presence of the Union Health Secretary.
(6) In the event of occurrence of vacancy, including by reason of death, resignation or removal, the State Government
shall nominate another person to represent itself in the Commission at the earliest but no late r than three months. The
person so nominated shall remain a Member in the Commission only for the remainder of the period of two years of
the State.
(7) The State Government shall, before recommending any person for appointment as a Member in the Commissi on,
satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his
functions as a Member of the Commission.
(8) The Central Government shall, three months before the completion of the period of fou r years write to the States
and Union Territories, to initiate the process of nominating a person as a Member to the Commission.
(9) States and Union Territories selected under clauses (i) shall not participate in the draw process for the selection of
the Member under clause (h) of the section 4.
8. Manner of appointment of the Member of the Commission under clauses (j) and ( l) of section 4. –(1) The
member shall be appointed by the Central Government from the panel of at least three persons, for each of th e
vacancy, as recommended by the Search -cum-Selection Committee.
9.Qualification, experience and manner of selection of the Member of the Commission under clause (k) of
section 4. – (1) The member shall be appointed by the Central Government from amongst the charitable institutions
which have been in operation for at least fifteen years in the healthcare system, whether in primary, secondary or
tertiary healthcare engaged in direct d elivery of affordable healthcare service and education.
(2) Qualification and experience : A person having an outstanding ability, proven administrative capacity and
integrity, possessing a graduate degree in any discipline of nursing and midwifery from an y University and having
experience of not less than 15 years in the field of nursing and midwifery out of which at least 4 years shall be as a
nursing and midwifery leader.
10. Manner of nomination of experts under clauses (b) and (c) of sub -section (1) o f section 5 for Search -cum-
Selection Committee for appointment of Chairperson and Members of Commission. –– The Central Government
shall appoint experts to form part of the Search -cum-Selection Committee. The experts shall be appointed for a period
of two y ears at a time.
(2) In the event of occurrence of vacancy, including by reason of death, resignation or removal, as the case may be,
the Central Government shall appoint another person as member to the Search Cum Selection Committee at the
earliest but no later than three months. The person so appointed shall remain a Member in the Search Cum Selection
Committee only for the remainder of the period of two years.
11. Salaries and allowances payable to Chairperson and members of Commission .––(1) The salary pa yable to the
Chairperson of the Commission shall be equivalent to the salary of the Additional Secretary to the Government of
India in Level -15 in the 7th CPC pay matrix. The salary payable to the members under clauses (i), (j), (k) and ( l) of
section 4 shall be equivalent to the salary of the Director to the Government of India in Level -13 in the 7th CPC pay
matrix.
Provided that where the Chairperson of the Commission or the Members of the Commission under clauses (i), (j), (k)
and ( l) of section (4) are retired persons from Government, semi -Government agencies, public sector undertakings or
recognised research institutions, the salary payable together with the pension or pensionary value of the terminal
benefits, or both, received by them shall not exceed the last pay drawn.
(2) If the Chairperson or Members of the Commission stated at sub -rule (1) are in service of the Central Government
or a State Government, their salary and allowances shall be regulated in accordance with the rules app licable to them
or as per sub -rule (1), whichever is higher.
Explanation : For the purposes of this sub -rule, it is clarified that where, the Chairperson or Members are in the
service of the Central Government or a State Government or Union territory Admini stration, their appointment in the
Commission shall be treated as deputation.
12. Dearness allowance. ––(1) The Chairperson and every other Member of the Commission, shall be entitled for
dearness allowance appropriate to their pay at the rates admissible t o officers of equivalent level in the Central
Government.
(2) The dearness allowance of ex -officio Members of the Commission shall be borne by their parent Ministry or
Department or organisation.
13. Travelling allowance .––(1) The Chairperson and every oth er Member of the Commission shall be entitled to
draw travelling allowances and daily allowances at the rates appropriate to their pay admissible to officers of
equivalent level in the Central Government.
(2) The travelling allowance of ex -officio Members of the Commission shall be borne by their parent Ministry or
Department or organisation.
(3) The Chairperson and every Member of the Commission shall be his own controlling officer in respect of his bills
relating to travelling allowances and daily allowan ces.
14. Leave. ––The Chairperson of the Commission and Members of the Commission appointed under clauses (i), (j),
(k) and (l) of section (4) shall be entitled to ––
(a) earned leave, half pay leave and commuted leave as admissible to Central Government se rvants in
accordance with the Central Civil Services (Leave) Rules,1972, as amended from time to time; and
(b) extraordinary leave as admissible to the temporary Central Government servants under the Central Civil
Services (Leave) Rules, 1972, as amended f rom time to time.
15. Leave sanctioning authority. ––(1) The Central Government shall be the authority competent to sanction leave to
the Chairperson.
(2) The Chairperson shall be the authority to sanction leave to Members of the Commission appointed under clauses
(i), (j), (k) and (l) of section (4) including its Secretary.
16. Contributory Provident Fund .––(1) The Chairperson of the Commission and Members of the Commission
appointed under clauses (i), (j), (k) and (l) of section (4) shall be governed by the provisions of the Contributory
Provident Fund Rules (India), 1962 where no option to subscribe under the General Provident Fund (Central Services)
Rules, 1960 is available.
(2) The Chairperson of the Commission and Members of the Commission appointed u nder clauses (i), (j), (k) and (l)
of section (4) shall not be entitled to additional pension and gratuity for the service rendered by them in the
Commission.
17. Sitting fee. ––The ex -officio Members and Members of the Commission shall be entitled to a sit ting fee of five
thousand rupees for each day of sitting of the Commission.
18. Declaration of assets, professional and commercial engagement or involvement by Chairperson and
Members of Commission. ––(1) The Chairperson and every other Member of the Commis sion shall file return of
assets and liabilities in Form A of the Schedule annexed to these rules.
(2) The Chairperson and every other Member of the Commission shall also declare their professional and commercial
engagement or involvement on their first ap pointment and at the time of demitting office in Form B of the said
Schedule.
19. Secretary to Commission .––(1) The salary payable to the Secretary to the Commission shall be equivalent to the
salary of Joint Secretary to the Government of India in Level 1 4 in the 7th CPC pay matrix.
Provided that where the Secretary to the Commission is a retired person from Government, semi -Government
agencies, public sector undertakings or recognised research institutions, the salary payable together with the pension
or pensionary value of the terminal benefits, or both, received by him shall not exceed the last pay drawn.
(2) The Secretary to the Commission shall possess the following qualifications and experience, namely: ––
(i) A post -graduate degree in any discipl ine preferably related to Nursing or Public Health or Health Care
Policy or Health Administration from any University or Institute;
(ii) holding analogous post on regular basis in the present cadre or department;
(iii) with 5 years regular service in Level 13 in the pay matrix or equivalent thereto or
(iv) with 10 years regular service in Level 12 in the pay matrix or equivalent thereto or above;
(v) having experience in the Central Government or a State Governmen t or any statutory body or recognized
organisation or institution of not less than 15 years in his related service or profession alongwith
administrative experience of not less than 7 years;
(vi) the upper age limit, for the purpose of the appointment of t he Secretary shall not be more than 55 years.
(3)Term of office of Secretary to Commission .––The Secretary to the Commission shall hold office for a term of
four years and shall cease to hold office after attaining the age of sixty years, whichever is earl ier.
(4)Declaration of assets, professional and commercial engagement or involvement by Secretary . –– (1)The
Secretary of the Commission shall file return of assets and liabilities in the Form A of the Schedule annexed to these
rules.
20. Governed by Cen tral Services Rules : The Chairperson, Secretary and all part time members of the commission
shall be governed by the provisions of the CCS Rules 1972 during their tenure .
(2) The Secretary of the Commission shall also declare his professional and commercial engagement or involvement
on his first appointment and at the time of demitting office in Form B of the said Schedule.
21. Appellate jurisdiction with respect to decision of Autonomous Boards under clause (o) of sub section (2) of
section 10. ––Commission to decide the manner of hearing appeals against the decisions of Autonomous Boards:
Provided that where an appeal is filed against the decision of an Autonomous Board, the President of such
Autonomous Board shall not participate in the appeal p roceedings.
22. The manner of choosing Members under sub -section (6) of section 12 .–– (1) Three members out of the total
six members selected under Clause (h) of section (4), shall be the part -time members of each Autonomous Board.
These members shall be selected by draw of lots from the six members so selected under Clause (h) of section (4).
(2) Slips of the six selected States or Union Territories as defined in Rule 6, shall be put in a separate draw box and
three slips out of the six slips shall be pi cked up to select second part time Member of each Autonomous Board. The
member selected through the first slip shall represent second part time Member of the Nursing and Midwifery
Assessment and Rating Board, the Member selected through second slip shall r epresent second part time Member of
the Nursing and Midwifery Ethics and Registration Board and third slip shall represent second part time Member of
the Nursing and Midwifery Undergraduate and Postgraduate Board.
(3) The draw of lots shall be conducted in the presence of the Union Health Secretary.
(4) The tenure of the members shall be co -terminus with the membership of the Commission under Clause (h) of
section (4) and filling up of vacant positions of the members shall be regulated as defined in sub rul e (6) and sub rule
(7) of rule 6.
(23) The manner of filling up of vacancies of each Autonomous Board under sub -section (2) of section 13. ––(1)
The Central Government shall fill vacancies of Autonomous Board as soon as they fall vacant from the panel of at
least three persons, for each of the vacancy, as recommended by the Search -cum-Selection Committee.
(2) The Search -cum-Selection Committee shall convene meeting at the earliest but no later than three months to
recommend suitable candidates for the vacant positions of the Autonomous Boards.
(24) Salaries and allowances payable to President and Members of the Autonomous Boards. ––(1) The salary
payable to the President and Whole Time Members of the Autonomous Board under sub -sections (3) of section 13
shall be equivalent to the salary of the Joint Secretary to the Government of India in Level -14 in the pay matrix and
level Director to the Government of India in Level -13 in the pay matrix respectively. Part Time Members of the
Autonomous Boards shall be entit led to a sitting fee of five thousand rupees for each day of sitting of the Board and
travelling allowances and daily allowances as applicable.
Provided that where the President of the Autonomous Board or the Members of the Autonomous Board under
sub-sections (3) of section 13 are retired persons from Government, semi -Government agencies, public sector
undertakings or recognised research institutions, the salary payable together with the pension or pensionary value of
the terminal benefits, or both, receive d by them shall not exceed the last pay drawn.
(2) If the President and Members of the Autonomous Board stated at sub -rule 1 are in service of the Central
Government or a State Government, their salary and allowances shall be regulated in accordance with t he rules
applicable to them or as per sub -rule (1), whichever is higher.
Explanation : For the purposes of this sub -rule, it is clarified that where, the President and Members of the
Autonomous Board are in the service of the Central Government or a State Government or Union territory
Administration, their appointment in the Commission shall be treated as deputation.
(25) The terms and conditions of services of the President and Members of an Autonomous Board shall be governed
as defined under sub -rule (1) of rule 12, sub -rule (1) and (2) of rule (13), rule (14), sub -rule (1) and (2) of rule (16)
and rule (18) as applicable in the case of Chairperson and Members of the Commission.
(26) Leave sanctioning authority. ––(1) The Chairperson of the Commission shal l be the authority competent to
sanction leave to the President and Members of the Autonomous Boards.
(27) Compensation for the premature termination of employment of employees of Indian Nursing Council .––
(1) The Commission shall decide on the premature t ermination compensation of the employees of the erstwhile Indian
Nursing Council within a period of three months from the date of constitution of the Commission.
(2) The employees of erstwhile Indian Nursing Council who are not taken for employment on con tract basis by the
Commission, shall be paid an advance amount of equivalent to three months’ salary at the time of termination, which
shall be deducted from the total compensation package.
(3) The employees of erstwhile Indian Nursing Council who are not taken for employment on contract basis by the
Commission, shall be paid compensation package including pensionary benefits applicable to them as per the terms
and conditions of their services at the time of their appointment in erstwhile Indian Nursing Co uncil.
28. The other powers of the Commission under clause (p) of sub section (2) of section 10.
In addition to the powers and functions of the Commission specified in section 10, the Commission shall ––
(a) undertake study to reduce the cost of Nursing education in the country;
(b) consider to suggest, among others, adoption of modern technology, intensive use of infrastructure, faculty
sharing, global practices as distributed hospitals with a view to re ducing the cost of education and making
it more accessible; and
(c) without prejudice to the condition of previous publication envisaged under sub -section (1) of section 52,
make regulations after consulting all State Governments, Union territory Administ rations and other
stakeholders, such as, association of nursing professionals, and patient rights bodies including general
public by placing the draft regulations on the website of the Commission for a period of thirty days and
considering the objections o r suggestions as may be received . The final draft of the regulation shall be sent
to the legislative Department for vetting through the Ministry of Health & Family Welfare.
(d) recruit employees on contract basis as per its requirement, not exceeding the p resent sanctioned strength
of the Nursing Council of India, until the posts are sanctioned for the Commission and regular recruitment
for the said posts takes place.
(e) endorse a copy of each major decision taken by the Commission to the M/o Health and F amily Welfare
through its Secretary and publish it on the website of the Commission.
(f) shall also furnish such information or report to the Central Government as may be required from time to
time.
SCHEDULE
Form A
[See sub -rule 1 of rule 18 ]
DECLARATION OF ASSETS AND LIABILITIES
Assets and liabilities of Chairperson/ Member/ Secretary of the Commission and President and Members of the
Autonomous Boards
A. Details of immovable property
Name of
District, Sub -
Division,
Taluk
& Village or
City
in which
property is
situated (full
location &
postal
address) Name
&Details
of
Property,
Housing,
Lands
and Other
Buildings Cost of
construction/Acquirement
(and year when
purchased) including of
land in case of house Present
Value * How acquired,
whether by
purchase,
lease **,
mortgage,
inheritance, gift
or
otherwise with
date of
acquisition
& name with
details of
person(s)
from whom
acquired Annual
Income
from
Property
Remarks
Self
Spouse
Dependent
B. Details of movable property
Description of the property (car/motorcycle /jewellery/
investments in banks/stock markets/ companies/ financial
institutions/insurance policies etc.) Mode of
acquisition Purchase
price of
the
property Remarks
Self
Spouse
Dependent
DECLARATION
I, hereby declare that the information given above
is true and correct to the best of my knowledge andbelief.
In the event of any change in the information given above, I undertake to intimate the Speaker as
provided under the rules.
Yours faithfully,
Date :
Signature/thumb impression
Form B
[See sub -rule 2 of rule 18 ]
Statement of professional and commercial engagements or involvement
on first appointment and at the time of demitting office
Sl.No . Relation Name Professional position held in
last three years from the date
of declarations, if any Commercial engagements /
involvement held in last three years
from the date of declarations, if
any
1 Self
2 Spouse
3 Dependent -1
4 Dependent -2
5.* Dependent -3
* Add more rows, if necessary.
Date………………….. Signature………………...
[F. No. Z.16015/08/2023 -N]
Dr. VIPUL AGGARWAL , Jt. Secy .
Uploaded by Dte. of Printing at Governmen t of India Press, Ring R oad, Mayapuri, New Delhi -110064
and Published by the Controller of Publications, Delhi -110054.
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