The ASSAM NURSES', MIDWIVES' AND HEALTH VISITORS' REGISTRATION ACT,. 194.4

, 
Preamble, 
Short title , 
elttent and 
C"ommence­
ment. 
Definitions. 
.. 
ASSAM ACT U OF 194.4. 
THE ASSAM NURSES', MIDWIVES' AND HEALTH*~ 
VIS ITORS' REGISTRATION ACT,. 194.4 
(Published in the Assam Gazelle of the Slh April 1944,] 
An Act to prol;idt for the registration and better training of 
nurses, midwioes and health tisitors in Assam . • 
WuEREAS it is expedient to provide for the 
registration of nurses, midwives and health ,·isitors in 
Assam; AND WHEREAS the previous sanction of the Governor has 
been obtained under section 119(1) of the Government of 
India Act, 1935 to the introduction or this Bill ; 
It is hereby enacted as follows:-
1. (1) Tbis Act may be called the Assam Nurses', Mid­
wives' and Health Visitors' Registrati0n Act. 1944. 
(2) It extends to t~e whole of Assam. 
(3J It shall come into force on such date!. as the 
[State]2 Government may, by notification direct. 
2. In this Act, unless there is anything repugnant in the 
subject or context-
(a) "Council" means the Assam Nurses,' Midwives' 
and Health Visitors' Council constituted under 
section 3. 
tb) "Institution" includes any association which 
maintains or controls a nursing establishment. 
(c) "Prescribed" means prescribed by rules or regula­
tions made under this Act. 
(d) "Register" means a register maintained under 
section 13 and "registered" means registered 
under the provisions of this Act. 
(e) "Notification" means a notification published in 
the official Gazette. 
(f) "Nurse" includes a male nurse. 
Establish- 3. The [State] 2 Go,ernment mav, by notification in 
ment and the official Gazette, establish a Council 3 to be called the 
~~~~r~:b; "Assam Nurses', Midwives' and Health Visitors' Council" 
Coun cil. for the purpos'!S of carrying out the provisions of this Act. 
Such Council shall be a body corporate and have perpetual 
succession and a common seat and may, by the said name 
sue and be sued. 
Constitulion 4. T he Coun c\1 shall consist of ~e following ex-Cijficio 
of tbe . and pominated merbbers-
Counc ll . (l j the Inspe~or General of Civil Hospitals, Assam 
who ~;hal l J>e the Pres~ent ; 
•F'or Statement of Objects and Reasons see Assam Gazette, Part Vo 
page 10, 1942, 
1 1Stb November 19-i4 (su Notification No.MMD.J32,.Uj38, dated 
1hb November 1944); see also Notification No. MMD. 
132/44(39, dated lith Nove.mbe1 194·~ bringing the Act in force 
toP. E. Areas. 
~ Subst ituted by A. 0. 1950 for ·•Provincial". 
s Established under N .ti6o;ation No.M~1D. 132/·14/40, dated 11th 
Novembe1· 1944. 
[ Prica annas 4 or Sd. [ 
• , 
Pu blication 
of names of 
members. 
Term of 
office of the 
nom inated 
membe ra. 
2 
(2) the Nursing Superintendent, Welsh Mission Hos­
pital, Shillong ; 
(3) the Medical uperintendent, Welsh :\1ission Hos­
pital, Shillong ; 
(4) the Nursing S ·perintendent, St. Luke's Mission 
Hospital, Cbabua ; 
(5) the Medical S erinte.ndent, American :\1ission 
Hospi tal, Gauhati ; 
(6) The Nursing Su 
Hospital, Jorhat ; 
American Mission 
(7) The Nursing Supe intendent, Ganesh Das Hos­
pital, Shillong ; 
(8) one doctor from [th district of Cachar] 1 to be 
nominated by the [Stat('J 2 Gov rnment on the recommen ­
dation of the Assam Medical C uncil ; and 
(9) One registered midw· e or health visi to!' to be 
nominated by the (State] 2 Cove ment . 11'-e..'--M 
5. The name of every member nominated'll.mder section 
4 shall be published by the [State] 2 Government in the offi­
cial Gazette . 
6. (1) Subject~the prov~· ions of sectil7 an section 8 , the term of office of the no ina ted Me ber sH 11 be 
thre e years . 
(2) A nominat d member hall be eli 'ble for re-
nomination at the end f his term office. 
(3) The powers of the Council may be exercist'd 
notwithstanding any vacancy in the number of hs members 
fixed by section 4. 
f illing up of 7. If any memb ·dies or resigns his ember-ship or 
l'Jtsual ceases to b:: a member s provided in section , the ,·acancy 
acanci es. shall be filled within one onth of the notifi tion of the 
Cessation of 
member­
ship. 
vacancy by fresh nominat n under section 4. 
Provided that any per n nominated to 
vacancy shall hold office ly so long as th 
in whose place the nomina ·on is made would 
office. 0'( ~ 
a cawal 
member 
ve held 
8. A nominatectrmember of the Council shall be deemed 
to have vacated his seat-
(fl) If he is absent without excuse sufficient in the 
opinion of the Council from three consecutive 
meetings of the Council ; 
(b) I f he is absent out of India for any per iod exceed -
ing six consecutive months. 
Ll'av e of 9. The Council may permit any member to absent 
absence to himself from the meetings of the Council for any period 
members. not exceeding six months . 
Meetings of 10. {1) The Council shall make regulations to 
the Council regulate :-
a.nd cons t itu· (a) the mode of transaction of business, includ ing 
t1on of · · r d · · b Committe es. provlSI~>n JOr. ects10ns on emergent matters y 
the C1rculat10n of papers to members, and for 
co-opting persons specially qualified to advise 
on any particular matter before tbe Council ; 
I Substituted by A. 0. 1950 for '•the Surma VaUq:" , 
2 SuiJ)titutcd by A. 0. 1950 for ·'Provincial". 
t 
• 
3 
(b) the time and place at which its meetings shall be 
held; 
(c) th<' issue of notices convening such meetings ; 
(d) the conduct of business thereat ; and 
(t ) the consti~ution of committees, the delegation to 
such committees of any powers or duties 
ol the Coun cil under this Act and the proce­
dure of the Committees (including quorum) in 
the transaction of business ; Provided that-
(i no business shall be transacted at av eeting of 
the Council unless a quorum of members 
be present ; and 
(ii) save as provided in section 19, all questions aris ­
ing at any meeting of the Council shall be 
decided by the votes of the majority of the 
members present and voting or in case of an 
equality of \·otes, by the casting vote of the 
President of the Council or in his absence of 
the member presiding ut the meeting. 
(2) Until such time as the regulations referred to in 
liub-section (1) have come into operation, it shall be law­
ful for the President of the Counci l to summon a meetii~g 
at 11uch time and place as to him seem expc::dient, by lett er 
addr essed to eacl1 member . 
Pa ym en t of ll. There shall be paid to tht: members of the Coun­
fees 11. and cil such fees, if anv, for att("ndance at meetings of the 
~:a;~~~g to Council or of committees of the Council and su~h reasona-
0,embcrs. ble travelling exp("nses for attending such mcetmgs or for 
inspecting institutions as may from time to time be allowe d 
by the Council and approved by the [State]! Government. 
Registrar 12. (l) With the previous sanction of the [State)! Go-
and office vcrnment , the Council- . 
statf 0 ~ the (n) shall appoint a Registrar ; 
Coun<:JI. (b) 1 h R . d . may grant eave to sue . eg1strar ar. appomt a 
person to act in his place ; and 
(c) sha ll pay to the Registrar and to the person (if 
any ) appointed to act in his place such salary or 
remuneration and such aJ!owances (if any) as 
the Council mav determine . 
(2) T he Council may ~ppoint such othe r officers and 
such clerks a1.d servants as it may consider necessary for 
the purp oses of this Act, and shall pay them such salary or 
rcmunera1 ion and such allowances (if any) as the Council 
may dr.term ine. 
(3) The Registra r shall act as S C£retllr) ' 81oril Treasu ­
rer to the Council. 
Main tenan ce 13. '1 he Council shall maintain a register of-
of rei iater. (i) nurses, 
(1i) midwives, and 
(iii) health visitors, 
1, Substituted by A. 0., 1950 for "Provincial" . 
in such forms, containing such particulars, and divided 
. into such parts as may be prescribed. 
Ma1n tcna~ce 14. (1) The Registrar shall keep the registers in accor­
~f :hbe r~~·s - dance with the provisions of this Act and in accordance 
R~gisirar. e with any orders made by the Council, and shalJ, from 
time to time, make all necessary alterations in the regis­
tered addresses or appointments and in the classification, of 
the registered nurses, midwives and health visitors and 
erase the name of any such nurse, midwife or health visitor 
who is dead or has ceased to practise. 
(2) To enable the Registrar to fulfil the duties imposed 
upon him by sub-section (1) he may send through the post 
a letter to any person registered as a nurse, a midwife or a 
health visitor addressed to him according to his registered 
address or appointment, to inquire whether he has ceased 
to practise or whether his residence or appointment has 
been changed ; and if no answer to any such letter is 
received within a ):'eriod of six months from its despatch, 
the Registrar may erase the name of such person 1rom the 
register in which it is entered: 
Provided that any name erased under this sub-section 
may be re-entered in the register under the direction of 
the Council . 
Erasure of 15. (1) Every Registrar of Deaths who receives notice 
•ames homo of the death of anv, person whose name he knows to be registers n 
notice of entered in one of the registers, shall forthwith transmit by 
death. post to the Registrar of the Council a certificate of such 
death signed by him and stating particulars of the time and 
place of death. 
{2) On receipt of-
(a) any such certificate, or 
(b) any other reliable information regarding such 
death the Registrar of the Council shall erase 
the name of the deceased person from the 
register in which it is entered. 
Erasure of 16. Any entry in the registers, which is proved to the 
fradu~ulent satisfaction or the Council to have been fraudulently or an ancor- . d d f rect entries mconectly rna e, may be erased under an or er o the 
in registers . Counc:il. 
Persons en­
ti Lied to be 
registered. 
17. The following persons shall on payment of such 
fcc as may be prescribed, be entitled to registration under 
this Act, namely :-
(a) nurses, midwives and health visitors who have 
undergone the courses of training, have oassed 
the examinations and fulfil such furthe1: con ­
ditions as may be prescribed ; 
(b) nurses, midwives and health visitors who are 
already in practice at the commencement of 
this Act and nurses under the Auxiliary Nursing 
Service Scheme who are not entitled to regis­
tration under clause (a) subject to such con­
ditions and restrictions as may be prescribed. 
5 
Admission to 18. On making an application in the prescribed form 
register ~f and on paying such f::e, not being greater than the fee 
pedrso~.~dal· payable on ordinary applications for registration under this ne OUwl e · 1 Aaam. Act, as the CounCil may demand, any person sha I be 
entitled to be registered under this Act who proves to the 
satisfaction of the Council that he has been registered either 
as a nurse, a midwife or a health visitor in any [State] 1 or 
country outside Assam in respect of which the Council 
is satbfied-
(a) that there is in force therein an enactment, or a 
provi sion of any kind having the force of law, 
providin g for the registration of nurses, mid­
wives and health visitors under some public 
authotity ; 
(b) that persons registered under this Act are admit· 
ted to the register established under the said 
enactment or provision on terms not less 
favourable than those contained in this section; 
(c) that the standard of training and examination 
required for admission to the register of nurses, 
midwivt>s or health visitors established under 
the said enactment or provision is not lower 
than the standard of training and cxamina· 
tion required under thi s Act : 
Provided that, notwithstanding any rule made under 
clause (b) of sub-section {l) of section 34, no fee shall be 
chargeable for the registration under this section of a nurse , 
midwife or health visitor whose name has been registered in 
a [State] 1 in India between the Government of which and 
the [StateF Government the principle of reciprocity of regis­
tration has been accepted. 
Refusal. of 19. (1) The Council may refuse to permit the registra · 
regdtstrata<'n1 tion of any person as a nurse, midwife or health visitor and 
an r~mova h h . · d 'd :r h 1 h · · and re-emry w en e IS reg1stere as a nurse, m1 wue or ea t VISitor, 
of names. may direct the temporary or final removal of his name from 
the register of nurses, midwives or health visitors on any of 
the following grounds :-
(a) that he has been sentenced by any Court for any 
non-bailable offence, the sentence not having 
been subsequently reversed or quashed ; 
(b) that has been guilty of any offence which in the 
opinion of the Council indicates professional 
incompetence, negligence, or contravent ion o~ 
regulations ordinarily included in the perfor­
mance of the duties of nurses, midwives or 
health viritors ; 
(c) that there are defects in his character which in 
the opinion of the Council would render the 
entry or retention of his name on the register 
undesirable: 
Provided tha t no action shall be taken by the Council 
under this section until after due enquiry (at which the 
I. Substituted by A. 0., 1950 for 'Province ' . 
2. Substituted by A. 0., !950 for "Provincial". 
6 
person concerned has been given an opportunity to be heard 
in his defence and to appear either in person or by counsel , 
vakil, pleader or attorney, and which at the discretion 
of the President of the Council may be held in camera) 
he has been found, by a majority of two-thirds of the 
members prcsen t and vot~ng at the meeting, to have 
been senten ced for any non-bailable offence specified , 
in clause (a) or tO .have been guilty of an offence, or to 
have defects in his c haracter of the nature spec•fied in 
clause (b) or clause (c). 
(2) Any name so removed may afterwards he rc-en · 
tered in the register and any order of refusal of registration 
passed under sub-s ection (1) may be withdrawn under 
the direction of the Council given by majority of 
twv·thirds of the members present and voting at the 
meeting. 
R.•ght of 20. ( J) Any person aggrieved by an order of 
~pp~:al. the Council under section 19 may, within three 
months from the date on which notice of such orde r 
is given to him , appeal to the (State]' Government against 
such order . 
(2) The order of the (State]! Government on any 
such appeal shall be final. 
R.egistratin.n 21. The certificate of registration undet· this Act 
uodfr th•~ shall not confer upon any person any right or title Act not 10 • • 
q u ~lifv for to hi' regrstered un~er the Assam M.cdtc~l A~t, l ?16 
regulJ'ation or to <t!>~ume any t1tle, name or destgnatiOn 1mplymg 
under t he that he i~ by law recognised as a medical practitioner 
Asd. 
38
1m ~to- or that he is authorised to grant anv medical certifi cate 
ICll n Ct, 'fi f d h ·u b. • h d 1916. or any cert1 call.! o eat or st1 • trt , or to un er-
takc the charge of cases of abnormality or disease in 
connection with parturition. 
Inatitution~ 22. (I) The inHitutions which are approved 
for training and recognised by the Council after inspection by its 
n':'rsc~. mid· President shall be competent to train nurses, midwives 
~v·vle:t~h . ~r or health visitors, and to send them for examination lor 
.. ca \ 'Ul· h I' r. • tifi f b C 'I tors to be t c qua uymg cer cates o t c ounct . 
recognised 
by Council. (2) All recognised institutions shall be inspec-
ted by the President of the Counci l at least once in 
• two years. 
W'th d 1 23 . Whenever the Counci l, on receipt of an adverse 
I rawa . f . . I . h ld b of rccogni- report, IS o opw10n t 1at an enquHy s ou e made 
tion from as to the desirability of withdrawing recogni tion from 
insti tutions. a particular institution, it shall depute its President and 
a member for further inspection on ~uch terms as it 
thinks fit and at the same time call upon the institutio n 
to show cause why its recognition should not be withdrawn . 
1. Subsututed by A.O. 1950 for "Pro,·incial" . 
Appeals. 
7 
The Council may after consideration of the rep ort 
so received and CJf the explanation, if any, by rhe 
institution, withdraw the recognition. The order of 
suc h 'vithdrawal shall be in writing and shal I be served 
in the prescribed manner. 
21. Any person or institution aggriev ed by an 
order of the Council under sections 16, 18 or 23 may 
appeal Within three month~ from the date of such 
order to the (State]~ Government . The dec~ion of the 
(State]~ Government on any such appeal shall be final. 
Prohibition 25. No hospital, school or other similar institution 
of !asue of which has not been approved or recognised under 
ecrdt•ficates f sub-section {1) of section 22 shall issue to any person a 
t~n entry o 'fi h f 1. nllmeJ by un-ceru cate or enter t e name o any person on a 1st, 
recognised register or other document purporting to show that 
inJtitutions. such person is qua lified by having passed any examination 
Supervision 
by Civil 
Surgeon. 
Diaabilities of unregu­
tered per­
son,. 
Penalty for 
di•hon eat 
UJc of certi· 
licates. 
or undergone any course of training to practise as a 
nurse, midwife or health visitor unless such person has 
been registered under this Act. 
26. The Civil Surgeon of the district or such other 
person as may be appointed by the Council shall in 
consultation with the local authorities and subject 
to prescribed conditions and restrictions, exercise general 
supervision over nur&es, midwi\·es and health visitors 
within the district and exercise and perform such other 
powers and duties as may be prescribed. 
27. After the expiration of seven years from the 
commencement of this Act no dispensary, hospital, 
infirmary or lying-in hospital shall employ any person 
as a nurse, midwife or health visitor unless he is registered 
under this Act or is under training in an institution recog­
nised by the Council : 
Provided that the (State] t Government, on the advice 
of the Council, may exempt for such period and on such 
terms as it may fix any such dispensary, hospital, infirmary 
or lying in hospital from the operation of this section . 
28. Any person who-
(a) dishonest ly makes use of any certificate of 
registration issued under the provisions of 
this Act to him or to auy other person, 
(b) procures or attempts to procure registration 
under the provisions of th is Act by making 
or producing, or causing to be made or 
produced any false or fraudulent declaration, 
certificate or representation, whether in 
writing or otherwise, or 
(c) wilfully makes or causes to be made any 
false representat ion in any matter relating 
to the register or certificates issued under 
the provisions of this Act, 
1. Substituted by A.O., 195;) f_,r !'Provincial". 
(d) being the Secretary, Manager or other officer 
of a hospital, school or other institution 
issues or authorises the issue of, a certificate 
to any person or enters, or authorises the 
entry of, the name of such person in 
contravention of section 25, 
shall be punishable with fine not exceeding rupees three 
hundred. 
Penalty for 29. Any person who, not being a nurse, midwife 
unlawful or health visitor registered under this Act, assumes or 
:~.ssu~ption uses the name or title of registered nurse, midwife or 
of !nle dof health visitor, or uses any name, titl e, addition, description 
regucere . b d · 1 · h h · · d nurse mid· or s1gn oar , unp ymg t at sue person IS a reg•stere 
wife ' or nurse, midwife or h~alth visitor, a~ the case may be, shall 
health visi- be punished on conviction with fine not exceeding one 
tor· hundr('d rupees in the case of a first offence, and with 
fine not exceeding three hundred rupees in tne case of 
a second or any subsequent offence. 
Publication 30. (I) The Registrar shall, in every year, on 
and u'e _of or before a date to be fixed in this behalf by the Council 
anf nu~lt ltsdt cause to be printed and published correct lists of the 
0 reg•s ere Ii h . b . d . h 1 r nurses mid· names or t e tune emg entere 10 t e severa parts o 
wive' ~nd the registers of registered nurses, midwives and health 
health visit· visitors, setting forth-
on. 
(a) all the names entered in the several parts of 
the respective registers arranged in alphabe­
tical order according to surnames ; 
(b) the registered address or appointment of each 
person whose name is so entered in the 
registers ; and 
(c) the registered qualification of e.ach such person 
and the date on which such qualification 
was certified . 
(2) Every court shall presume that any person whose 
name is entered in the latest of such lists is duly re gi<~tered 
under this Act, and thal any person whose name is not 
so entered is not registered under this Act: 
Provided that, in the case of any person whose name 
does not appear in such printed list a certified copy 
signed by the Registrar , of the entry of the name 
of such person in a register -of nurses, midwives or health 
visitors shall be evidence that such person is registered 
under this Act : 
Provided also that a certificate purporting to be 
signed by the Registrar stating that the name of a person 
home on the printed register of nurses, midwives or health 
visitors, as the case may be, has been remov ed from such 
register and specifying the date of such remova l shall be 
evidence that such person is not registered under this Act 
and of the date from which he ceased to be so registered. 
-- 9 
Court com· 31. No court other than a Magistrate of the First 
petent to Class shall try any offence under this Act. try offences 
under the 
Act. 
Coguf !:ance 32. No Magistrate •hall take cognizance of any 
o ouences. tr • h bl d b. A J · onence pums a e un er t Js ct except upon romp amt 
made by the Council. 
Power of 33 (1) The [State] 1 Government may, after previous 
~~~ment publication, make rules 2 to carry out all or any of the 
10 make purposes of this Act. 
rules. (2) In particular and without prejudice to the 
generality of the foregoing power, they may make rules-
Power of 
Council to 
make rules. 
(a) prescribing the period of les.'l than three years 
for which a member of the Council may 
hold office under section 6 ; 
(b) prescribing the manner in which nominations 
OMJ.._ dtt.<h·~ of members of the Council and the election 
of the Vice-President shall be made, and 
casual vacancies shall be filled under sec­
tion 7 ; 
(c) prescribing the form in which a register shall 
be kept, the particulars to be entere d in 
such register, and the parts in which surh 
register shall be divided under section 13 ; 
(d) prescribing the manner in which an order of 
removal or refusal shall be served on persons 
under section 19 ; 
(r) prescribing the manner in which an order of 
withdrawal of recognition of an institution 
shall be served under section 23 ; 
(f) prescribing the fees payable in respect of an 
appeal under sections 20 and 24 ; and 
(g) any matter which is to be or may be prescribed. 
34. {l) The Council may make rules, 3 not inconsistent 
with this Act or the rules prescribed by the [State] 1 Govern­
ment, 
(a) regulating the compilation, maintenance and 
publication of the register and the conditions of 
admission to the register ; 
(b) prescribing the fee payable on application for 
registration, the form in which such app lications 
shall be made, and the conditions subject to 
which names shall be entered in the register ; 
(c) prescribing and regulating the examinations 
which must be passed as a condition of admis­
sion to the register and any matters ancillary to 
or connected with such examinations, including 
the courses of training which the candidates 
appearing for the examination shall undergo ; 
1 Sub~titutcd by A.O., 1950 for "Provincial". 
:! Notification .....;o.MMe 1.132/U/54, dated 8th March J04S. 
a Vit!1 Notification No.223-NRC., dated 8th December, 19<l5. 
10 
(d) pr('scribing the causes for which, the conditions 
under which and the mannl"r :n which the 
names of nurses, midwives and health visitors 
may be removed or re-entered in the register 
under section 19 ; 
(t) for the approval of any institution for the pur­
pose of such training and the granting of diplo­
mas to candidates passing the examinations ; 
(f) regulating the conditions under which institu­
tions for nursing the sick, maternity or child 
welfare may be approved and recognised by the 
Council; 
(g) appointing a Registrar and such other servants 
as may be necessary; 
(h) regulating the pay, pension, conduct and other 
conditions of service of persons appointed under 
clause (g) ; 
(i) establishing a provident fund for the benefit of 
the employees of the Council and of recognised 
institutions and regulating its administration ; 
(J} regulating and supervising the practice of their 
profession by registered nurses, midwives and 
health visitors ; 
(k) regulating the publication of the names of regill· 
tered nurses, midwives and health visitors and 
their residencf:s ; 
(l) regulating the conditions under which such nurses, 
midwives and health visitors registered in other 
[States] 1 or other countries may be admitted to 
the register, on such other [States] J and coun­
tries granting reciprocal registration to persons 
registered on the register of the Council; 
(m) determining the manner in which all fees levied 
under this Act and all moneys received by the 
Council shall be accounted for, audited and 
applied for the purposes of this Act, and for 
regulating the expenditute of the Council gene. 
raUy; and 
(n) generally for the provision of any matters in 
respect of which the Council considers provision 
should be made for the purposes of this Act. 
\2) All rules made under this section shall be published 
in the Official Gazette . 
~ Substitu ted by the A. 0., 1950 for "Provinces.'' 
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ll 
Protection 35. No suit or otl1er legal proceedings shall lie against 
of . peno~• any persons for anything done or intended to be done in 
=~~g fai:h good faith under this Act or rules. 
under che 
Aa or 
rules. 
Certain per - 36. Every persons appointed under suh-sl"ction (1) or 
snos. to be sub-section (2) of section 1 2 shall be deemed to be a public 
pubhc ser- servant within the meaning of section 21 of the Jndian vants. Penal Code. 
Act not ,0 37. Nothing m this Act shall apply to medical pracli· 
apply to tioners possessing qualifications ent itling them to registration 
medi~l under the Assam Medical Act, 1916. pr1Cttboner. 
A. G. P. (L.g.) No.Sl/56-200-2,.IO.J956, 

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