The Delhi Nursing Council Act, 1997

(‘10 BE PUBLISIED IN PART IV DELHI GAZ‘TTE EXTRAORDINARY)
Goiemmeat of Eational Capital Terribtn of Delhi.
(Department of DumJuadCe 8: LegislatiVe Affairs).
5-316! Hath Marg,nelh1-110054.
a°.£.14/5/97-99/L.A./{2‘;7
Dated // M.reh,1999.
'me following Act of the Legislative Assembly received the
assent of the President on 4.3.1999 and is hereby publiahed
for general information.
'Ihe Delhi Nursing Council Act.1997
(Delhi Act. No.3 0! 1999) .
AN
ACT
'1‘: pmvide for the constitution of the Delhi Nursing
Council for regulatiul of registration and training of
nursing personnel (n‘raeamid-wivu. auxiliary nurse
mifiwives/funale health unmet/female health
assistant] supervisors) and matters connected therewith.
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BE it enacted by the Legislative Assembly of the Na~tional Capital Territory of Delhi in the Forty eighth Yearof the Republic of India as follows:
CHAPTER
—
I
PREL IMINARY
Short title, 1. (1) This Act may be calledextent and the Delhi Nursing Council Act,commencement. 1997.
(2) It extends to the whole of the
National Capital Territory of
Delhi.
(3) It shall come into force on
such date as the Government
may, by' notification in the
official Gazette, appoint.
Definitions. 2. In this Act, unless the context
otherwise requires,
(a) ”affiliated institution" means
an institution or hospital or
health centre for preventive,
promotive, curative care and
rehabilitative nursing servic—
es, which is recognised. and
affiliated to the Council;
(b) ”auxiliary nurse
-
midwife” or
“female health worker” means a
person who possesses a cer~
tificate of auxiliary nurse
midwife, or, as the case maybe, of female health worker
from a recognised institution
registered under section 13;
(c) ”council" means the Delhi
Nursing Council constituted
under section 3;

(d)
(f)
(g)
(h)
I
(l)
(m)
"female health assistant or
supervisor“ means a person whopossesses a certificate froman institution recognised and
registered under section 13;
"Government” means the Govern—ment of the National CapitalTerritory of Delhi;
”licensing authority” means an
officer authorised by theGovernment to issue licencesunder this Act;
”Lieutenant Governor" meansthe Lieutenant Governor of theNational Capital Territory ofDelhi referred to in clause(1) of article 239AA and
appointed by the Presidentunder article 239 of the Con—
stitution;
"Inspector” means a nurse
appointed by the Council;
"list” means a list of nurses,midwives, auxiliary nurse—
midwives or female healthworkers or female healthassistants or supervisorsmaintained under section 16;
”member” means a member of the
Council;
”nurse” means a person who
possesses a certificate in
nursing and midwifery from an
institution recognised in thisbehalf and registered with the
Council;
"prescribed” means prescribedunder the rules;
”President” means the Presi—dent of the Council;

Constitution
and incor-
poration of
the Council.
3.
(p)
“register" means a register
maintained under section 15;
”registered” means registeredin accordance with the provi—sions of section 13;
"registrar" means Registrar
appointed under section 10;
(q) “regulation” means a regulation
(I)
made by the Council under this
Act .
”rule" means a rule made bythe Government under this Act,
by notification in the Offi—
cial Gazette.
CHAPTER II
Delhi Nursing Council
(1) The Government shall, as soon
as may be after the
commencement of this Act,
constitute a Council called
'The Delhi Nursing Council'.
The Council shall consist of
the following Inembers,
namely:—
(a) The Director of Health
Services, Government of
National Capital Terri-
tory of Delhi
—
Ex—Offi—
cio.
(b) The Director of Indian
Systems of Medicine and
Homoeopathy
—
Ex—Officio.
(c) The Medical Officer of
Health, Municipal Corpo—
ration of Delhi
~
Ex—
Officio.

(d) The Nursing' Advisor to
the Government of India
—
Ex—Officio.
Three Nursing Chief
Officers of the hospitalsin the National Capital
Territory of Delhi to
represent one hospitaleach, to be nomi—
nated by the Governs
ment by rotation, fromthe following
—
(i)Hospitals of Central
Government;
(ii)Hospitals of Govern—
ment of National Capital
Territory of Delhi;
(iii)Hospitals of Munici—
pal Corporation of
Delhi/New Delhi MunicipalCouncil.
Two Members of the
Legislative Assembly of
the National Capital
Territory of Delhi to be
nominated by the Speakerof the Assembly.
Three persons to be
nominated by the Govern~
ment to represent as
nurse, an
auxiliarymidwife and a
nursingeducationist, from
amongst the nurses,
auxiliary nurse midwives
and nursing education—
ists of recognised nurs—
ing schools.
A member of the Delhi
branch of Trained Nurses
Association of India to
be elected by the Members

(2)
(3)
Term of 4. (1)
Office.
(2)
f/K’“\\\
E m”: ’J
themselves.
(i) Two principals, one each
from General Nursing and
Midwifery Schools and
Colleges of Nursing; and
one Principal from Aux—
iliary Nursing and Mid—
wifery Schools, to be
elected from amongst the
nursing institutions.
The Council shall be a body
corporate, having a perpetual
succession and a common seal,with power to acquire,hold and dispose of property,whether movable or immovable,
and to contract and to do all
things necessary for the
purposes of this Act, and may
by the name aforesaid sue or
be sued.
The President and the Vice—
President of the Council shall
be elected from amongst the
members, according to the
procedure as may be pre—
scribed.
of office of a
member, other than ex—officio
member, shall be three years
from the date of nomination or
until a successor has been
duly nominated, whichever is
earlier.
The term
tile
ex—officio
A member appointed to
Council in his
capacity shall cease to hold
office as a member if he
ceases to hold such office.
The President shall hold
office from the date of
election upto the date on
which his term of office as a

(4)
(7)
member expires or until a
successor has been duly elect—
ed.
If the seat becomes vacant by
reason of death, disability,resignation, removal or dis—
qualification, a new member
shall be nominated by the
Government and such nominated
member shall hold office onlyfor the remainder of the term
for which the member was
nominated.
A member shall be deemed to
have vacated office if he
absents himself from three
consecutive meetings of the
Council :ithout leave of the
Council.
(a) The President may resignfrom his office bynotice in writing ad—
dressed to the Secretary
of the Council. Such
resignation shall take
effect from the date on
which it is accepted bythe Council.
(b) A member may resign from
office by notice in
writing addressed to the
President and every such
resignation shall take
effect from the date on
which it is accepted by
the President.
Notwithstanding anythingcontained in this Act, the
Government may
—
(a) remove a member from
office on being found
disqualified as per sub~
section (8) of this
section, or

Meetings
of the
Council.
(2)
(b) if the Council decides at
a
meeting by two~thirds
majority of the total
membership that the
continuation of a member
in office is prejudicial
to the interest of the
Council,
remove the member from office.
A person shall be disqualifiedfor being elected or nominat—
ed, and for continuing, as a
member
—
(a) if he is an undischargedinsolvent; or
(b) if he is of unsound mind
and stands so declared by
a competent court; or
(c) if his name has been
removed from the registei
and has not been re—
entered therein, or
(d) if he is a wholertime
officer or servant of the
Council; or
(e) completes 65 years of
age.
The Council shall meet atleast
once in a year and may also
meet as many times as neces—
sary in a year to transact its
business.
The President, when present,shall preside over meetings of
the Council and in his absencethe Vice—President shall
preside. In case both are
absent, any other member
elected by the members present

Quorum. 6.
Vacancies in' 7.
the Council
not to in-
validate act,
etc.
Executive 8.
Committee.
Other 9.
Committees.
from amongst themselves shall
preside at such meetings.
(3) All transactions of business
at a meeting shall be decided
by majority vote.
(4) In the case of equal votesthe President shall have a
casting vote.
The quorum necessary for the trans~
action of business at a meeting ofthe Council shall be one—third ofthe total number of members includ—
ing the President;
Provided that if at any meeting of
the Council a quorum is not
present, the President or the
presiding member, as the case maybe, shall adjourn the fleeting toSuch hour of the day or some {uture
day, as he may notify by notice on
the Notice Board at the office ofthe Council. The business beforethe original meeting shall be
brought before the adjourned
meeting and may be disposed of at
such meeting or any subsequentadjournment thereof, whether therebe a quorum present or not.
No act or proceeding of the Council
shall be invalid by reason of
existence of a vacancy in the
Council or on account of any defect
or irregularity in its constitu—
tion.
The Executive Committee shall
consist of five members who shall
be elected by the Council from
amongst its members in the manner
as may be prescribed.
The Council may constitute sub<
committees for such purposes as
the Council considers necessary.
10

Staffing of 10. (1)
Council.
(6)
”trxu
FM
11
The Council shall, with the
previous approval of the
Government, appoint a full
time nurse as a Registrar and
another full time nurse as a
Deputy Registrar and such
other staff as may be neces—
sary.
The Council shall adopt the
Central Civil Services Rules
mutatis mutandis,
The pay and allowances payable
to the Registrar, officers and
other employees of the Council
shall be fixed by the Council
with the previous approval of
the Government.
The Council may, with the
previous sanction of the
Government, suspend, dismiss
or remove any person appointed
as the Registrar, or impose
any other penalty upon him in
the manner as {nay be provided
by regulations.
The Rug istra 1.’ aha l i be the
Secretary and the Executive
Officer of the Council. He
shall attend all meetings of
the Council, and of its Execu—
tive Committee, and shall keep
minutes of the meetings and
names of members present and
of the proceedings of such
meetings.
The accounts of the Council
shall be kept by the
Registrar, in the manner as
prescribed by regulations.
The Regist Lax: sha ll have such
supervisory powers over the
staff as may be prescribed by

Fees and
Allowances
for meetings.
Income and
Expenditure
of the
Council.
11. The President
the
fees
prescribed by
(l)
(2)
regulations
such other
and may perform
duties and dis-charge such other functions as
may 3e specified in this Act,or as may' be prescribed. byregulctions.
The Registrar shall be deemedto be a public servant withinthe meaiing of section 21 ofthe Indiin Penal Code.
and other members ofCouncil shall be paid suchand alltwances a: vn;h_b;
legfilatiéns.
The income of the Councilshall consist of
—
(a) registration fees re—
ceived from the practi—
tioners;
(b) qrants received from the
Government, if any; and
(c) gifts and donations or
any other sums raised bythe Council.
The Council shall apply themoney obtained under sub—section (1) in such manner as
may be prescribed.
CHAPTER I I I
REGISTRATION AND ENLISTMENT
Registration
of nurses,
midwives , auxi
—
liary nurse
midwives/female
health workers,
13. (l)
12
Any pr*:on who fulfillsacadem qualifications and
training as prescribed underthe regulations shall be
registered, on payment of suchfees as' prescribed, in the

female health
assistants/health
supervisors.
register
years.
for a period of five
(2) The Council shall follow suchprocedure as may be prescribedby regulationsl
(3) For the purpose of an appealunder the provision of section23, the Council shall bedeemed to be a court withinthe meaning of the IndianEvidence Act, 1872 and shallexercise all the powers of a
Commissioner under the PublicServants (Inquiries) Act,1850:
Provided that nothing con—tained in any Act shall prev—ent the Council from holdingan inquiry or
hearing.
Fee for 14. Any person shall renew his/herrenewal of
registration in the manner pre-registration scribed by regulations and onpayment of renewal fees.
Registers to 15. (1) The Registrar shall maintain
be maintained.
such regiscers as may beprescribed.
(2) It shall be the duty of theRegistrar to make entries inthe register, from time totime, to revise the same andto issue certificates of
registration in accordancewith the provisions of thisAct, and the rules made there~under.
Maintenance of 16. (1) The Council shall keep a listlist of persons
practising as
nurse,auxiliary
nurse midwife,
female health
worker,female
13
of such persons
eligible for
under section 13
practising as nurs
as are not
registration
but who are
es.
aIf person who, not being

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