The Gujarat Nurses, Midwives and Health Visitors Act, 1968

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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFIARS DEPARTMENT
THE GUJARAT NURSES, MIDWIVES AND HEALTH
VISITORS ACT, 1968
(Gujarat Act No. XXIV of 1968)
(As modified upto 31st January, 2025.)
Printed In India By The Manager, Government Press, Bhavnagar.
Published By The Directorate Of Government Printing & Stationery,
Gandhinagar, Gujarat State
2025
V-1032
©
GOVERNMENT PRESS, BHAVNAGAR
GUJ 24 OF 1968.
THE GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1968.
CONTENTS.
PREAMBLE. Page No.
Sections.
PART I.
PRELIMINARY.
1. Short title, extent, commencement and application. 1
2. Definitions. 1
PART II.
THE GUJARAT NURSING COUNCIL.
3. Establishment, incorporation and constitution of the Council. 2
4. Appointment of members in default of election. 3
5. Term of office of members. 3
6. Vacancy. 3
7. Vacancy not to affect proceedings. 3
8. Disqualifications. 3
9. Disabilities from Continuing as member. 4
10. Leave of absence to members. 4
11. Elections to be held by distributive system of voting. 4
PART III.
REGISTRATION.
12. Maintenance of register. 4
13. Persons entitled to registration. 4
14. Refusal of registration and removal and re-entry of names. 5
15. Appeal from order under section 14. 5
16. Renewal fee. 5
17. Maintenance of list of persons practising as nurses, midwives and health
visitors.
5
PART IV.
NURSES, MIDWIVES AND HEALTH VISITORS ENTITLED TO
PRACTICE AND CONTROL OF LICENSING AUTHORITIES.
18. Persons not registered or on the list not to practise as nurse etc. 6
19. Conditions of practice in certain areas. 6
PREAMBLE. Page No.
Sections.
20. Licensing authority to exercise general supervision. 7
21. Notice to licensing authority before commencement of practice. 7
PART V.
NURSES ESTABLISHMENTS.
22. Regulation of nurses establishments. 7
PART VI.
TRAINING INSTITUTIONS.
23. Training Institutions. 8
24. Appeal against refusal to recognise institutions. 9
PART VII.
MISCELLANEOUS.
25. Removal of names from register on notice of death. 9
26. Penalty for dishonest use of certificate. 9
27. Penalty for unlawful assumption of title of registered nurse, midwife or
health visitor.
10
28. Court competent to try offences under Act 10
29. Power of State Government to make rules. 10
30. Power of Council to make by-laws. 10
31. Protection of persons acting in good faith, under the Act, rules or
by-laws.
11
32. Control. 11
33. Repeal and saving. 12
34. Vesting of rights, duties etc. 12
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
GUJARAT ACT NO. 24 OF 1968. 1*
THE GUJARAT NURSES, MIDWIVES AND HEALTH VISITORS ACT, 1967
[9th December, 1968.]
An Act to consolidate and amend the law relating to Nurses, Midwives
and Health Visitors in the State of Gujarat.
It is hereby enacted in the Nineteenth Year of the Republic of India as
follows:-
Part I.
PRELIMINARY.
1 . (1) This Act may be called the Gujarat Nurses, Midwives and Health
Visitors Act, 1968.
(2) It extends to the whole of the State of Gujarat.
(3) (a) Parts I, II, III, VI and VII of this Act shall come into force at once
in the whole of the State of Gujarat and shall apply to all persons referred
to therein.
(b) Part IV shall come into force on such date and shall apply to
such class of persons and in such areas as the State Government may, by
notification in the Official Gazette, appoint.
(c) Part V shall come into force in the Bombay Area of the State of
Gujarat and shall apply to all persons referred to therein. It shall come into
force in such other area of the State on such date as the State Government
may, by notification in the Official Gazette, appoint and on such application
it shall apply to all persons referred to therein.
2. In this Act, unless the context otherwise requires,-
(a) "affiliated institution" means an institution for the nursing of the
sick, maternity or child welfare, which may be affiliated to the Council in
accordance with the by-laws;
(b) "by-law" means a by-law made by the Council under section 30;
(c) "Council" means the Gujarat Nursing Council constituted under
section 3;
(d) "election" includes a by-election;
(e) "institution" includes any association, which maintains or controls a
nurses' establishment;
(f) "licensing authority" means in the case of-
(i) a City within the meaning of the Bombay Provincial Municipal
Corporations Act, 1949, the municipal corporation constituted for such
City;
(ii) a municipal borough within the meaning of the Gujarat
Municipalities Act, 1963, a municipality constituted for such municipal
borough;
(iii) a gram or nagar within the meaning of the Gujarat Panchayats
Act, 1961 , the gram panchayat or as the case may be, the nagar
panchayat constituted therefor:
Provided that the State Government may, by notification in the Official
Gazette, in respect of any area specify any other authority as the licensing
authority for such area;
(g) "list" means a list of nurses, midwives and health visitors prepared
and kept under section 17;
1 For statement of Object and Reasons, See Gujarat Government Gazette, Extraordinary, Part V, dated
the 3rd July, 1967, Page No. 50.
* This Act was assented by the President on the 2nd December, 1968.
Short title, extent,
commencement
and application.
Definitions.
Bom. LIX of 1949.
Guj. 34 of 1964.
Guj. VI of 1962.
2
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
(h) "member" means a member of the Council;
(i) "midwife" includes auxiliary nurse, midwife and health visitor;
(j) "nurse" includes a male nurse and an auxiliary nurse;
(k) "nurses establishment" means any establishment, whether carried
on for gain or not, which provides for or is intended to provide for the
services of persons to act as nurses, midwives or health visitors to those
requiring such services;
(l) "prescribed" means prescribed by rules or bye-laws;
(m) "register" means a register maintained under section 12 and the
expressions "registered" and "registration" shall be construed accordingly;
(n) "registered medical practitioner" means-
(i) a person registered under the Bombay Medical Act, 1912, or
under that Act as ada pted and applied to the Saurashtra Area of the
State or under or under that Act as applied to the Kutch area of the
State or under any corresponding law;
(ii) a registered practition er as defined in the Gujarat Homeopathic
Act, 1963; or
(iii) a registered practitioner as defined in the G ujarat Medical
Practitioners' Act, 1963;
(o) "rule" means a rule made by the State Government under this Act.
Part II.
THE GUJARAT NURSING COUNCIL.
3. (1) With effect from such date as the State Government may, by
notification in the Official Gazette notify, there shall be established for the
purposes of this Act a Council to be called "The Gujarat Nursing Council".
The Council shall be a body corporate and have perpetual succession and
a common seal and may, by the said name, sue and be sued, and shall be
competent to acquire and hold property, both movable, and immovable, and
to contract and do all things necessary for the purposes of this Act.
(2) The Council shall consist of the following members,-
(a) as ex-officio members,-
(i) the Director of Health and Medical Services, Gujarat State;
(ii) the Superintendent of Nursiug Services, Government of
Gujarat;
(iii) Regional Nursing Supervisor, Government of Gujarat.
(b) as elected members,-
(i) two, persons to be elected by nurses, midwives and health
visitors registered in the register referred to in section 12 from amongst
themselves;
(ii) one person to be elected by the heads of the affiliated
institutions from amongst themselves;
(iii) three persons to be elected as follows:-
(a) two, by the matrons of the affiliated institutions imparting
training in general nursing and midwifery from amongst themselves;
(b) one, by the matrons of the affiliated institutions imparting
training for auxiliary nurse mid-wife from amongst themselves;
(iv) one person to be elected by the sister tutors of the affiliated
institutions from amongst themselves;
(v) one person to be elected by the Gujarat Medical Council from
amongst its members;
Bom. VI of
1912.
Guj. XXXVI
of 1963.
Guj. 6 of
1964.
Establishment,
incorporation
and
constitution of
the Council.
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(vi) one person to be elected by the Gujarat Territorial branch of
the Indian Medical Association from amongst its members;
(vii) one person to be elected by the members of the Faculties
of Nursing of the Universities established by law in the State of Gujarat,
which confer a degree in Nursing from amongst themselves.
(c) as nominated members, three persons to be nominated by the
State Government.
(3) The President and Vice-President of the Council shall be elected by
the members of the Council from amongst themselves.
(4) The election of the President and Vice-President shall, subject to
the provisions of this Act, be held at such time and place and in such manner
as may be prescribed by rules.
(5) Notwithstanding anything contained in the foregoing provisions of
this section and in section 5,-
(i) in respect of the constitution of the Council for the first time under
this Act, the members thereof other than ex-officio members shall be
nominated by the State Government from amongst persons qualified to be
elected as members of the respective class;
(ii) the other members so nominated shall hold office for such period
not exceeding three years in the aggregate as the State Government may,
by notification in the Official Gazette, specify.
4 . If any of the classes of persons or institutions referred in section does
not, by such date as may be prescribed, elect a person to be a member of
the Council, the State Government shall, by order in writing, appoint to the
vacancy a person qualified for election thereto; and the person so appointed
shall be deemed to be a member of the Council as if he had been duly elected
by the said class of persons or institution, as the case may be.
5. (1) The member of the Council, other than the ex-officio members
specified in clause (a) of sub-section (2) of section 3, shall hold office for a
term of five years from the date of their election or nomination as the case
may be, or until their successors have been duly elected or nominated as the
case may be, whichever is longer and shall be eligible for re-election or re-
nomination, as the case may be.
(2) Any such member may at any time resign his appointment by letter
addressed to the President of the Council. The resignation shall take effect
from the date on which it is accepted by the Council or on the expiry of sixty
days from the date of the receipt of the letter by the President whichever
event occurs earlier.
6. When a vacancy occurs in the office of a member of the Council through
death, resignation, removal or disability of such member or otherwise,
previous to the expiry of the period of his office, the vacancy shall be filled
in the manner prescribed. Any person elected or nominated to fill a casual
vacancy shall, notwithstanding anything contained in section 5, hold office
only so long as the member in whose place he is elected or nominated would
have held office if the vacancy had not occurred.
7. If a vacancy in the office of a member of the Council has occurred, the
continuing members thereof shall act as if no vacancy had occurred, and no
act or proceeding of the Council shall be deemed invalid merely by reason
of a vacancy in the Council or of a defect in the election or nomination of a
person acting as a member of the Council.
8 . No person shall be a member of the Council-
(a) who has been sentenced by a criminal court for an offence involving
Appointment
of members
in default of
election.
Term of
office of
members.
vacancy.
Vacancy
not to affect
proceedings.
Disqualifica-
tions.
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
moral turpitude and punishable with imprisonment for a term exceeding
three months or to transportation, such sentence not having been
subsequently reversed, quashed or remitted, unless he has by order, which
the State Government is hereby empowered to make in this behalf, been
relieved from the disqualification arising on account of such sentence, or
(b) who is an undischarged insolvent, or
(c) who has been adjudicated by a competent court to be of unsound
mind, or
(d) whose name has been removed from the register.
9 .(1) If any member, during the period for which he has been elected or
nominated,-
(a) absents himself without excuse, sufficient in the opinion of the
Council, from three consecutive ordinary meetings of the Council; or
(b) is absent out of India for a period exceeding eight consecutive
months; or
(c) becomes subject to any of the disqualifications specified in
section 8; or
(d) having been elected by the Gujarat Medical Council, ceases to
be a registered medical practitioner;
(e) having been elected by any of the institutions, associations or
Faculties mentioned in Paragraph (ii), (iii), (iv); (vi) or (vii) as the case may
be of clause (b) of sub-section (2) of section 3 ceases to be a member of
the institution, Association or Faculty concerned;
The President of the Council shall forthwith report the fact to the
State Government, which shall thereupon, by an order in writing, declare
his seat to be vacant.
(2) If any question arises whether a vacancy has occurred under sub-
section (1), the orders of the State Government shall be final for the decision
of such question.
10. The Council may permit any member to absent himself from the
meetings of the Council for any period not exceeding eight months.
11. All elections under this Act shall be made according to the distributive
system of voting.
Explanation - The distributive system of voting means a system of voting
in which every voter shall be entitled to give as many votes as there are seats
to be filled:
Provided that no voter shall give more than one vote to any one candidate:
Provided further that no voting paper shall be deemed to be valid unless
the voter has recorded all the votes which he is entitled to give.
PART III.
REGISTRATION.
12. The Council shall prepare and maintain a register of nurses, midwives
and health visitors, in such form, containing such particulars and divided into
such parts and sections as may be prescribed.
1 3. (1) Any person who has undergone such courses of training and has
passed such examinations and who fulfils such other conditions as may be
prescribed or any person who possesses any of the qualifications included
in the Schedule to the Indian Nursing Council Act, 1947, shall, subject to any
conditions laid down by or under the said Act, at any time on an application
made in the prescribed form to the Registrar and on payment of the prescribed
Disabilities
from
continuing
as member.
Leave of
absence to
members.
Elections to
be held by
distributive
system of
voting.
Maintenance
of register.
Persons
entitled to
registration.
XLVIII of
1947.
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
fee and on presentation of his degree, diploma or certificate, be entitled to
have his name entered in the register.
(2) Notwithstanding anything contained in sub-section (1) the name of every
person which was entered in the register duly maintained under the Bombay
Nurses, Midwives and Health Visitors Act, 1954 and in force immediately
before the coming into force of this Part in the Bombay area of the State of
Gujarat, shall, without further fee or charge, be entered in the register to be
prepared and maintained under this Act and shall continue thereon for the
period for which such registration was made or renewed, as the case may be,
unless removed earlier under the provisions of this Act.
(3) (i) Any person who desires to be registered temporarily under clause
(b) of subsection (2) of section 11 of the Indian Nursing Council Act, 1947,
shall make an application in the prescribed form to the Registrar and shall pay
the prescribed fee. On receipt of suc h application, the Registrar shall seek
the approval of the President of the Council constituted under the said Act for
temporary enrolment of the applicant in the register.
(ii) Every person whose name is entered in the register under clause (i)
shall be given a certificate of temporary registration in the prescribed form.
Such certificate shall remain in force for such period as may be specified
therein.
(iii) Any person who possesses temporary registration under clause (i)
shall not be eligible to stand as a candidate or to vote at any election held
under this Act.
1 4.(1) Subject to such conditions as may be prescribed, the Council may,
after giving an opportunity to the person concerned to be heard in his defence
and after holding an inquiry in the prescribed manner, refuse to enter in the
register the name of any person or may order the removal of the name of
such person from the register.
(2) The order passed under sub-section (1) shall be in writing and shall
be served on the person concerned in the prescribed manner.
(3) The Council may direct that the name of any person against whom
an order under sub-section (1) has been passed shall be entered or re-
entered, as the case may be, in the register.
15.(1) Any person aggrieved by any order of the Council made under
section 14 may, within three months from the date on which such order is
served on him, appeal against such order to the State Government.
(2) The order of the State Government on any such appeal shall be final.
1 6.(1) Notwithstanding anything contained in section 13, the Council
may direct that for every five years a renewal fee of such amount as may be
approved by the State Government shall be paid by each person registered
under the Act for the continuance of his name on the register.
(2) If the renewal fee is not paid before the date fixed by the Council, the
Council shall remove the name of the defaulter from the register:
Provided that the name so removed may be re-entered in the register on
payment of the renewal fee in such manner and subject to such conditions as
the Council may by bye-laws direct.
1 7.(1) The Council shall prepare and keep a list of persons whose names
are not entered in the register maintained under section 12 and who are
practicing as nurses, midwives and health visitors. The list shall be divided
into such parts as may be determined by the Council.
(2) Every person not being qualified for registration under this Act, who
within a period of three years from the date on which this part comes into
Bombay XIV
of 1954.
XLVIII of
1947.
Refusal of
registration
and removal
and re-entry
of names.
Appeal from
order under
section 14.
Renewal fee.
Maintenance
of list of
persons
practicing
as nurses,
midwives
and health
visitors.
6
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
force, proves to the satisfaction of the Council that he has been in regular
practice as a nurse, midwife or health visitor and fulfils such other conditions
as may be determined by the Council shall, on payment of the prescribed fee,
be entitled to have his name entered in the list:
Provided that any person whose name has been removed from the register
maintained under this Act or under any other law relating to registration
of nurses, midwives and health visitors for the time being in force in any
other part of India or from the corresponding register of any other country for
infamous conduct in any professional respect shall not be entitled to have his
name entered in the list.
(3) Notwithstanding anything contained in sub-section (2), Dais or
Emergency Nursing Aides who may have received training in accordance
with the bye-laws laid down by the Council shall be entitled to have their
names entered in the list to he prepared and kept under sub-section (1), on
payment of the prescribed fee.
(4) The provisions of sections 14, 15 and 16 shall mutatis mutandis apply
to such list.
PART IV.
NURSES, MIDWIVES AND HEALTH VISITORS ENTITLED TO PRACTICE
AND CONTROL OF LICENSING AUTHORITIES.
18.(1) No person other than a person registered under this Act or a person
whose name is entered in the list shall practise or hold himself out, whether
directly or by implication, as practicing habitually or for personal gain as a
nurse, midwife of health visitor.
(2) Any person who acts in contravention of the provisions of sub-
section (1) shall, on conviction, be punished with fine which may extend to
one hundred rupees for the first offence, to two hundred rupees for the second
offence and to three hundred rupees for any subsequent offence.
19.(1) Notwithstanding anything contained in section 18 a person whose
name has been entered in the list shall not practice as a nurse, midwife
or health visitor in an area within the limits of a municipal corporation or a
municipal borough unless he-
(a) has been in regular practice as a nurse, midwife or health visitor
for a continuous period of five years prior to the date on which this section
has come into force, or
(b) has been in regular practice as a nurse, midwife or health visitor
for a continuous period of two years prior to the date on which this section
has come into force and produces a certificate from a hospital or nursing
home approved by the Council in this behalf signed by the Matron, Medical
superintendent or other responsible officer of such institution that such
person has undergone such courses of instruction or has received the
training as a nurse, midwife or health visitor in such manner as may have
been prescribed by by-laws;
(2) The State Government may, after consultation with the district
panchayat direct by a notification in the Official Gazette, that the provisions
of sub-section (1) shall apply on such date as may be specified therein to any
other area in the district, subject to such adaptations and modifications as it
may consider suitable having regard to the local conditions of the area.
Persons not
registered
or on the
list not to
practise as
nurse etc.
Conditions
of practice
in certain
areas.
7
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
20.(1) Subject to the provisions of this Act and the rules and by-laws made
in this behalf, every licensing authority shall exercise general supervision and
control over the nurses, midwives and health visitors practicing within the
area under its jurisdiction.
(2) The licensing authority may authorise any of its officers to perform
any of the duties and to exercise any of the powers conferred on it by this
section and section 21.
21.(1) Every person registered under this Act or every person whose name
has been entered in the list if he intends to continue to practice after the date
on which this Part comes into force in any area or if either of such persons
intends to practice in such area as nurse, midwife or health visitor, he shall
give a like notice in writing to the licensing authority in the month of January
every five years thereafter during the period he continues to practise within
the said area.
(2) Every such notice shall contain such particulars and shall be in such
form as may be determined by the Council.
(3) Any person who fails to comply with the provisions of sub-section
(1) shall, on conviction, be punished with fine which may extend to twentyfive
rupees for the first offence, to fifty rupees for the second offence and to one
hundred rupees for any subsequent offence.
(4) Any person who knowingly or wilfully makes or causes or procures
any other person to make any false statement in any notice under this section
shall, on conviction, be punished with fine which may extend to one hundred
rupees for the first offence, to two hundred rupees for the second offence and
to three hundred rupees for any subsequent offence.
PART V.
NURSES ESTABLISHMENTS.
22. (1) No person shall carry on any nurses establishment, except under a
valid licence granted by the licensing authority and in accordance with such
terms and conditions as may be specified in such licence, and approved by
the Council.
(2) Any person who desires to carry on any nurses establishment shall
apply to the licensing authority for a licence before such date and in such
manner and in such form as may be prescribed. He shall along with the
application pay to the licensing authority the prescribed fee, half of which
shall be refunded to him if the licence is not granted.
(3) The licensing authority may before granting such licence impose, in
consultation with the Council, such additional conditions as it may think fit for
securing the proper conduct of the establishment.
(4) The licensing authority may, after giving an opportunity to the person
concerned of being heard, refuse to grant any licence or revoke any licence in
consultation with the Council, if-
(i) the applicant or the holder of the licence is below 21 years or is in
its opinion not a suitable person to hold such licence; or
(ii) the premises of the establishment are not suitable; or
(iii) any offence under this section has been committed in respect of
the establishment.
(5) Any person aggrieved by any of the conditions imposed by the
licensing authority or by the refusal or revocation of any licence may appeal
within three months of such imposition, refusal or revocation to the State
Government. The memorandum of appeal shall be accompanied by such fee
Licensing
authority
to exercise
general
supervision.
Notice to
licensing
authority before
commencement
of practice.
Regulation
of nurses
establishments.
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
as may be prescribed. The decision of the State Government on such appeal
shall be final.
(6) The licensing authority may authorised any of its officers to perform
any of the duties conferred on it by this section.
(7) Any officer duly authorized by the licensing authority in this behalf
may at all reasonable times enter the premises specified in any licence or
application for licence or any premises which are used, or which the officer
has reasonable cause to believe are used, for the purpose of, or in connection
with, the nurses establishment and inspect the premises and any records
relating to such establishment as may be kept thereon.
(8) The Council may also exercise the powers of entry and inspection
conferred by sub-section (7) through any of its officers authorised by it in
this behalf. If the Council is of opinion that in any case the licence should be
refused or revoked, it shall report the matter to the State Government. On
receipt of such report, the State Government may after consultation with the
licensing authority or after making such inquiry as it deems fit pass orders
refusing or revoking the licence. Such order shall be final.
(9) Any person who contravenes the provisions of sub-section (1)
shall, on conviction, be punished with fine which may extend to two hundred
and fifty rupees for the first offence and for any subsequent offence which
may extend to five hundred rupees or with simple imprisonment for a term
which may extend to six months or wait both.
(10) Any person who refuses any duly authorised officer of the
licensing authority or any such officer of the Council to enter or inspect any
premises or to inspect any records under sub-section (7) or (8), as the case
may be, or obstructs such officer in the exercise of his aforesaid powers shall,
on conviction, be punished with fine which may extend to fifty rupees for
the first offence and for any subsequent offence with fine which may extend
to one hundred rupees or with simple imprisonment for a term which may
extend to three months or with both.
(11) Any person who makes or causes to be made or knowingly
allows to be made any entry in a record to be kept under this section, which
he knows to be false in any material particular for any of the purposes of this
Act or who makes, produces or furnishes, or knowingly allows to be made,
produced or furnished any statement, record or information which he knows
to be false in any material particular for the purpose of obtaining a licence
under this section or for any other purposes of this Act shall, on conviction,
be punished with fine which may extend to two hundred rupees for the first
offence and for any subsequent offence with fine which may extend to one
thousand rupees or with imprisonment for a term which may extend to six
months or with both.
(12) Where a person committing an offence under this section is
a company or other body corporate or an association of persons (where
incorporated or not), every person who at the time of the commission of the
offence was a director, manager, secretary, agent or other officer or person
concerned with the management thereof shall, unless he proves that the
offence was committed without his knowledge or consent, be deemed to be
guilty of such offence.
PART VI.
TRAINING INSTITUTIONS.
23.(1) An institution which the Council may approve and recognise for the
purpose of this sub-section after inspection by its representative, shall be
competent to train nurses, midwives or health visitors and to send them for
examination for the qualifying certificates of the Council.
Training
Institutions.
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The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(2) The Council may withdraw recognition from any such institution after
its inspection by a representative of the Council. The order of such withdrawal
shall be in writing, and shall be served on the institution in the prescribed
manner.
(3) No school, hospital or other institution which is not approved and
recognised by the Council shall issue to any person a certificate or enter the
name of any person in any document purporting to show that such person is
qualified by reason of his having passed any examination or undergone any
course of training to practice as a nurse, midwife or health visitor, unless his
name is registered or entered in the list under this Act.
(4) Any person who contravenes the provisions of sub-section(3) shall,
on conviction, be punished with fine which may extend to three hundred
rupees.
(5) where a person committing an offence under this section is a
company or other body corporate or an association of persons (whether
incorporated or not), every person who at the time of the commission of the
offence was a director, manager, secretary, agent or other officer or person
concerned with the management thereof shall, unless he proves that the
offence was committed without his knowledge or consent, be deemed to be
guilty of such offence.
2 4. Any person aggrieved by the refusal of the Council to approve and
recognise any institution as competent to train nurses, midwives or health
visitors or by the withdrawal of recognition under sub-section (2) of section
23 may appeal, within three months from the date of receipt of the order of
refusal or withdrawal of such recognition to the State Government against
such refusal or withdrawal. The decision of the State Government on such
appeal shall be final.
PART VII.
MISCELLANEOUS.
2 5. Every Registrar of Births and Deaths who receives notice of the death
of any person whose name he knows to be or has reason to believe is entered
in the register, shall forthwith transmit by post to the Council, a certificate of
registration of such death signed by him and stating the time and place of
death; and thereupon the name of such person shall be removed from the
register.
26. Any person who-
(a) dishonestly makes use of any certificate of registration issued under
the provisions of this Act to him or to any other person,
(b) procures or attempts to procure registration under the provisions of
this 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 representation in any
matter relating to the register or certificate issued under the provisions of this
Act,
shall, on conviction, be punished with fine which may extend to two
hundred fifty rupees for the first offence and for any subsequent offence with
fine which may extend to five hundred rupees or with simple imprisonment for
a term which may extend to six months or with both.
Appeal against
refusal to
recognise
institutions.
Removal of
names from
the register
on notice of
death.
Penalty for
dishonest
use of
certificate.
10
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
27. Any person who, not being a registered nurse, midwife or health visitor,
takes or uses the name or title of registered nurse, midwife or health visitor, or
uses any name, title, description, described uniform object or sign-board with
the intention that it may be believed, or with the knowledge that it is likely to
be believed, that such person is a registered nurse, midwife or health visitor
shall, on conviction, be punished with fine which may extend to one hundred
rupees for the first offence and for any subsequent offence with fine which
may extend to two hundred rupees or with simple imprisonment for a term
which may extend to three months or with both.
28. No court inferior in rank to that of a Magistrate of the First Class shall
take cognizance of or try any offence under this Act.
2 9. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any matter expressly
required or allowed by this Act to be prescribed by rules.
(3) The power to make rules conferred by this section in subject to the
condition of the rules being made after previous publication.
(4) All rules made under this section shall be laid for not less than thirty
days before the State Legislature as soon as possible after they are made and
shall be subject to rescission by the State Legislature or such modifications
as the State Legislature may make during the session in which they are so
laid, or the session immediately following.
(5) Any rescission or modification so made by the State Legislature shall
be published in the Official Gazette and shall thereupon take effect.
30. The Council may make by-laws not inconsistent with this Act or the
rules, namely-
(a) for prescribing the courses of training and examinations entitling a
person to registration, the fee payable on application for registration, the form
in which such applications shall be made, and the conditions subject to which
names shall be entered in the register under section 13;
(b) for prescribing the courses of instruction to be undergone and the
manner in which training is to be received, by a person for practicing as a
nurse, midwife or health visitor under section 19;
(c) for regulating the compilation, maintenance and publication of the
register or list and the conditions of admission or readmission to the register
or list;
(d) for regulating the conduct of any examinations which may be
prescribed as a condition of admission to the register and any matter ancillary
to or connected with such examinations, including the courses of training
which the candidate appearing for the examinations shall undergo;
(e) for determining the manner in which the list shall be maintained, the
conditions which shall be fulfilled by persons whose names are to be entered
in the list, the qualifying examination to be passed by persons whose names
are entered in the list and for regulating the conduct of such examinations;
(f) for the approval and recognition of any institution for the purpose
of section 23 and for the granting of diplomas to candidates passing the
examinations;
Penalty for
unlawful
assumption
of title of
registered
nurse,
midwife
or health
visitor.
Court
competent to
try offences
under Act.
Power
of State
Government
to make
rules.
Power of
Council to
make by-laws.
11
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(g) for regulating the conditions under which institutions for nursing the
sick, maternity or child welfare may be affiliated to the Council;
(h) for appointing a Registrar and such other servants as may be
necessary;
(i) for regulating the pay, pension, conduct and other conditions of
service of persons appointed under clause (h);
(j) for establishing a provident fund for the benefit of the employees of
the Council and of affiliated institutions and regulating its administration;
(k) for regulating and supervising the practice of their profession by
registered nurses, midwives and health visitors and by persons whose names
are entered in the list;
(l) for regulating the publication of the names of registered nurses,
midwives and health visitors and of persons whose names are entered in the
list and their residence;
(m) for regulating the conditions under which such nurses, midwives and
health visitors registered in other States or other countries may be admitted to
the register, on such other States and countries granting reciprocal registration
to persons registered on the register of the Council;
(n) for determining the form and the manner in which notices under
section 21 shall be given;
(o) for determining the manner of inspection of the nurses establishments
by the Council, the statements to be furnished and records to be maintained
by such establishments;
(p) for regulating the summoning of meetings of the Council and its
proceedings;
(q) for 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 expenditure of the
Council generally;
(r) for prescribing the travelling and other expenses payable to the
members of the Council or of committees;
(s) 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) No by-law made by the Council shall come into force until it has
been confirmed by the State Government, with or without modification or
amendment.
(3) All by-laws made under this section shall be published in the Official
Gazette.
31. No suit, prosecution or other legal proceedings shall be instituted
against any person for anything which is in good faith done or intended to be
done under this Act, rules or by-laws.
32.(1) If at any time it shall appear to State Government that the Council
has failed to exercise or has exceeded or abused any of the powers conferred
upon it by or under this Act, or has failed to perform any of the duties imposed
upon it by or under this Act, the State Government may, if it considers such
failure, excess or abuse to be of a serious character, notify the particulars
thereof to the Council, and if the Council fails to remedy such default, excess
Protection
of persons
acting in
good faith,
under the
Act, rules or
by-laws.
Control.
12
The Gujarat Nurses, Midwives and Health Visitors Act, 1968. [ 1968 : Guj.24
or abuse, within such time as the State Government may fix in this behalf,
the State Government may dissolve the Council and cause all or any of the
powers and duties of the Council to be exercised and performed by such
person or persons and for such period as it may think fit and thereupon the
funds and property of the Council shall vest in the State Government for the
purposes of this Act until a new Council shall have been constituted under
section 3.
(2) When the State Government has dissolved the Council under sub-
section (1), it shall take steps as soon as may be convenient to constitute a
new Council under section 3 and thereupon the property and funds referred
to in sub-section (1) shall revest in the Council so constituted.
(3) Notwithstanding anything contained in this Act, rules or by-laws, if,
at any time, it shall appear to the State Government that the Council or any
other authority empowered to exercise any of the powers or to perform any
of the functions under this Act, has not been validity constituted or appointed,
the State Government may cause any of such powers or functions to be
exercised or performed by such person, in such manner and for such period
not exceeding 6 months and subject to such conditions as it thinks fit.
33. (1) Subject to the provisions of this Part, with effect on and from the
date on which the Council is constituted under sub-section (5) of section 3,
(hereinafter referred to as "the specified date"), the Bombay Nurses, Midwives
and Health Visitors Act, 1954 (hereinafter referred to as "the repealed Act")
shall stand repealed,
(2) With effect on and from the specified date, the Gujarat (Bombay
Area) Nursing Council established under sub-section (1) of section 3 of the
repealed Act shall stand dissolved and all the members thereof shall vacate
office.
(3) The register and the list maintained or kept under the repealed
Act and inforce immediately before the coming into force of part III shall be
deemed to be the register and the list respectively under this Act, until the
register and the list are prepared under section 12 or 17, as the case may be.
(4) Every institution which immediately, before the specified date
continued to be approved and recognised under section 23 of the repealed
Act shall be deemed to be approved and recognised under section 23 of this
Act.
(5) Any appointment, licence, notification, rule, by-law, form, notice, or
order made, issued or given under the repealed Act and subsisting immediately
before the coming into force of that Part of this Act to which it relates shall,
in so far as it is not inconsistent with the provisions of this Act, be deemed
to have been made, issued or given, under the relevant provisions of this
Act and continue in force unless and until superseded by any appointment,
licence, notification, rule, by-law, form, notice, or order made, issued or given
under this Act.
(6) Nothing in this section shall affect any legal proceeding or remedy
in respect of any right, title, interest, obligation or liability acquired, accrued
or incurred under the repealed Act and any such legal proceeding or remedy
may be instituted, continued or enforced, as if this Act had not been passed.
3 4. Save as otherwise provided by or under this Act and unless there is
anything repugnant in the subject or context,-
Repeal and
saving.
Bom. XIV of 1954.
Vesting of
rights, duties
etc.
13
The Gujarat Nurses, Midwives and Health Visitors Act, 1968.1968 : Guj.24 ]
(1) all rights of the Council dissolved under sub-section (2) of section 33
(hereinafter in this section referred to as "the dissolved Council") shall, on the
specified date, vest in the Council constituted under sub-section (5) of section
3 (hereinafter in this section referred to as "the Council");
(2) all the property, movable or immovable, which on the day immediately
preceding the specified date, vested in the dissolved Council shall subject to
all limitations and conditions as were in force on that day, vest in the Council;
(3) all sums due to the dissolved Council on any account shall be
recoverable by the Council which shall be competent to take any measure
or institute any proceedings which it would have been open to the dissolved
Council to take or institute if this Act had not come into operation;
(4) all debts, liabilities and obligations incurred by or on behalf of the
dissolved Council, immediately before the specified date and subsisting
on the said date, shall be deemed to have been incurred by the Council
in exercise of the powers conferred on it by this Act and shal

Excerpt shown. Open the full act in Lexace.

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