LexThe Maharashtra State Board of Nursing and Paramedical Education Act, 2013.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2013 : Mah. XXIII] 1
THE MAHARASHTRA STATE BOARD OF NURSING AND PARAMEDICAL
EDUCATION ACT, 2013
[Text as on 16th May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE
BOARD AND GOVERNING COUNCIL
3. Establishment of Board.
4. Incorporation of Board.
5. Constitution of Board.
6. Director of Board.
7. Term of office of and allowances to members of Board.
8. Establishment of Governing Council.
9. Disqualification of Chairman and members of Board.
10. Casual vacancies.
11. Resignation of member.
12. Removal of member.
13. Meetings of Board.
14. Vacancy of Chairman or member owing to disqualification.
15. Vacancy of member owing to absence without permission.
16. Decision on question as to vacancy.
17. Acts and proceedings not invalidated by vacancies or defects in constitution of Board or
Committee.
18. Power to invite experts and officers at meetings.
19. Constitution of Committees.
20. Board to absorb certain staff and to assume obligations of Government in respect of matters
to which this Act applies.
21. Appointments powers and duties of Registrar, Joint Registrar, Deputy Registrar, Assistant
Registrar, Controller of Examinations, System Analysts, Finance Officers and Account
Officers.
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22. Other officers and servants of Board.
CHAPTER III
POWERS AND DUTIES OF THE GOVERNING
COUNCIL AND BOARD
23. Powers and duties of Governing Council.
24. Powers and duties of Board.
25. Powers and duties of Chairman of Board.
26. Power of Government to issue directions.
CHAPTER IV
PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS
STATUS AND EQUIVALENCE
27. Conditions of Affiliation.
28. Procedure for permission.
29. Procedure for affiliation.
30. Continuation of affiliation.
31. Extension of affiliation.
32. Permanent affiliation and recognition.
33. Inspection of institution and report.
34. Withdrawal of affiliation or recognition.
35. Closure of institution.
CHAPTER V
FUND, FINANCE, ACCOUNTS AND AUDIT
36. Application of assets of Board.
37. Boards Fund, its custody and investment.
38. General application of Fund.
39. Preparation of annual budget estimates.
40. Annual accounts and audit.
41. Inspection and inquiry.
42. Information, returns, etc., to be furnished by Board.
CHAPTER VI
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS
43. Manner of exercise of powers delegated to Committee.
44. Powers of Board to make regulations.
45. First regulations.
46. Power of Board to make bye-laws.
47. Interpretation in case of doubt.
48. Duties of and assistance from nursing diploma level institutions.
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49. Protection of action taken in good faith.
50. Members, officers and employees of Board to be public servants.
51. Amendment of Mah. XL of 1966.
52. Saving.
53. Power to remove difficulties.
SCHEDULE I.
SCHEDULE II.
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MAHARASHTRA ACT No. XXIII OF 20131
[THE MAHARASHTRA STATE BOARD OF NURSING AND PARAMEDICAL
EDUCATION ACT, 2013.]
[This Act received the assent of the Governor on the 20th August 2013 ; assent was first
published, in the Maharashtra Government Gazette, Part IV, on the 21st August 2013.]
An Act to provide for the establishment of a State Board to regulate matters
pertaining to the Diploma Level Nursing and Paramedical Education
in the State of Maharashtra and for matters connected
therewith or incidental thereto.
WHEREAS it is expedient to provide for the establishment of a State Boa rd to regulate matters
pertaining to Diploma Level Nursing and Paramedical Education in the State of Maharashtra and for
matters connected therewith or incidental thereto; it is hereby enacted in the Sixty -fourth Year of the
Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra State
Board of Nursing and Paramedical Education Act, 2013.
(2) It extends to the whole of the State of Maharashtra.
(3) This section shall come into force at once, and the remaining provisions of this Act shall come
into force on such date as the State Government may, by notification2 in the Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) ―appointed day‖ means the date on which the remaining provisions other than section 1
of this Act come into force under sub-section (3) of section 1 ;
(b) ―Board‖ means the Board established under section 3 ;
(c) ―bye-laws‖ means the bye-laws made by the Board under section 46 ;
(d) ―college or school‖ means an institution imparting diploma or post-diploma or advanced
diploma in hospital administration and management or nursing and Paramedical Education
recognized by the Board under this Act ;
(e) ―Diploma Level Education ‖ means such nursing and Paramedical Education which
follows Revised Auxiliary Nurse Midwifery, Revised General Nursing Midwifery and Post
Certificate Diploma Courses, and Paramedical courses or Hospital A dministration and
Management or any other education specified by the Board excluding the degree courses and post
graduate diplomas ;
(f) ―Director‖ means the Director of the Board appointed under sub-section (1) of section 6 ;
(g) ―examination‖ means one or more examinations conducted by the Board ;
(h) ―Government‖ means the Government of Maharashtra ;
(i) ― Governing Council‖ means the Governing Council of the Board established
under section 8 ;
(j) ―Head of Institution‖ or ―Principal‖ means the head of the teaching staff of a nursing and
paramedical diploma level institution or college or school, by whatever name designated ;
1 For Statement of Objects and Reasons (in English) of the L. A. Bill No. XXX of 2013, see Maharashtra Government
Gazette 2013, Extraordinary No. 30, Part V-A, dated 1st August 2013, page 23.
2 This Act, other than section 1, came into force w.e.f. 7th July 2014, vide G.N., M.E.D.D., No. MNC. 1612/C.R. 155/12
(Part II)/Act, dated 7th July 2014, page 2.
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(k) ―Paramedical Education ‖ means any degree, diploma or certificate in any paramedical
qualification by whatever name called, granted by any University established by or under any law
for the time being in force or any other institution, college or school recognized by the
Government ;
(l) ―prescribed‖ means prescribed by regulations made under this Act ;
(m) ―Region‖ means the area comprised in each of the three regions as specified in Schedule
I appended to this Act ;
(n) ―Registrar‖ means the Registrar of the Board ;
(o) ―regulations‖ means the regulations made by the Government under section 45 and by
the Board under section 44 ;
(p) ―Teacher‖ means a member of the nursing and paramedical teaching staff other than the
Principal or the Head of Institution.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE BOARD AND GOVERNING COUNCIL
3. Establishment of Board.— The Government shall, by notification in the Official Gazette,
establish for the purposes of this Act, a Board to be called ― the Maharashtra State Board of Nu rsing
and Paramedical Education‖.
4. Incorporation of Board.— The Board shall be a body c orporate having perpetual succession
and a common seal, and shall have power to contract, acquire, hold and dispose of property, both
movable and immovable, and to do all things necessary for the purposes of this Act and may sue and
be sued by its corporate name.
5. Constitution of Board.— (1) The Board shall consist of—
(a) the Director of the Board as a Chairman :
Provided that, till the appointment of the Director under section 6, the Director, Medical
Education and Research, Maharashtra State shall hold the charge of the Chairman ;
(b) the State Nursing Superintendent as a Member ;
(c) the Registrar as a Member-Secretary ; and
(d) the Director, Board of Apprenticeship Training (Western Region), Government of India,
Ministry of Human Resource Development ;
(e) the following members shall be nominated by the Government, namely :—
(A) one Principal from the Government Nursing Colleges in the State ;
(B) two members from amongst the Principals and Head of Institutions, one from
Government Institution and another from the Municipal Corporation Institution and among
these, at least one shall be a woman ;
(C) two members of whom one shall be from Nursing Teachers and one from
Paramedical Teachers from the Government Diploma colleges or schools under t he
Directorate of Medical Education and Research and Directorate of Health Services ;
(D) one representative of each Region who shall have minimum qualification of Post
Graduation in the Nursing or Paramedical Education field and minimum five years’
experience in such field :
Provided that, a person shall cease to hold office as a member of the Board, if such
person ceases to hold the post, designation or office, as the case may be , by virtue of which
such person is so appointed, and such person shall inform the Chairman of the Board, in
writing, of his having so ceased to be the member of the Board, within a week therefrom.
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(2) The names of the persons other than the ex-officio members, who have been nominated, from
time to time, as the members of the Board shall be published by the Government in the Official
Gazette.
6. Director of Board. — (1) The Board shall have a Director, who shall be appointed by the
Government from amongst the persons qualified to be appointed as the Director of Medical Education
of the Government and his name shall be published by the Government in the Official Gazette.
(2) The Director shall hold office for a term of five years from the date of the publication of his
name in the Official Gazette.
(3) Nothing in sub -section ( 2) shall affect the power of the Government to transfer, in the
exigencies of public service, the Director to any other post under the Government during such term;
and if the Director is superannuated in the service of the Government, he shall cease to be t he Director,
unless his services are extended or he is re -employed in the service of the Government and he is not
transferred to some other post.
(4) The Government may, from time to time, extend the term of office of the Director of the
Board, so, however, that the aggregate period of the term shall not exceed ten years.
(5) The Director shall be an employee of the Government, equivalent to the post of the Director
of Medical Education of the Government and conditions of service and rules of recruitment of the
Director shall remain same as that of the Director, Medical Education and Research.
(6) Where a temporary vacancy of the Director occurs by reason of leave, illness or other cause,
the Government may appoint another person holding equivalent post to be the Director.
7. Term of office of and allowances to members of Board. — (1) The members of the Board
other than the ex officio members, shall hold office for a term of five years from the date on which their
names are published in the Official Gazette.
(2) The term of office of the outgoing member shall extend to, and expire with, the day
immediately preceding the date on which the names of their successors are published in the Official
Gazette.
(3) The members other than the ex officio members shall be entitled to such compensatory
allowances as may be determined by the regulations.
8. Establishment of Governing Council. — (1) The Government shall, by notification in the
Official Gazette, establish the Governing Council which shall be an apex body to control and monitor
the matters pertaining to Diploma Level Nursing and Paramedical Education and Examination at the
State level.
(2) The Governing Council shall consist of the following, namely:—
(i) The Minister for Medical Education,
State of Maharashtra,
… President.
(ii) The Minister of State for Medical
Education, State of Maharashtra,
… Vice-President.
(iii) The Secretary or Principal Secretary
or Additional Chief Secretary, as the
case may be, Medical Education and
Drugs Department, Government of
Maharashtra,
… Member.
(iv) Joint Secretary or Deputy Secretary,
Medical Education and Drugs Depart-
ment, Government of Maharashtra,
… Member.
(v) Director of Medical Education and
Research,
… Member.
(vi) Director of Health Services, … Member.
(vii) Director of Ayurved, … Member.
(viii) State Nursing Superintendent, … Member.
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(ix) Principal, Government Occupational
and Physiotherapy College, Nagpur,
… Member.
(x) Director of the Board, … Member-
Secretary.
(3) The Governing Council shall meet every three months in a year.
9. Disqualification of Chairman and members of Board. — A person shall be disqualified for
being appointed or nominated as, or for continuing as, the Chairman or a member of the Board or any
Committee constituted under this Act,—
(a) if he directly has any share or interest in any work done by order of, or in any contract entered
into on behalf of, the Board ;
(b) if he is a person against whom an order for removal from office has been made under section 12 :
Provided that, a person against whom such order is made, shall not be deemed to have been
disqualified under this clause, if five years, or such lesser period as the Government may specify, has
elapsed from the date of his removal from office.
10. Casual vacancies. — All casual v acancies in the office of the members of the Board,
Governing Council or any Committee constituted by the Board shall be filled in as soon as may be, by
nomination or appointment, as the case may be; and the person nominated or appointed in a casual
vacancy shall hold office so long only as the member in whose place he is nominated or appointed
would have held, if the vacancy had not occurred.
11. Resignation of member. — A member of the Board, except the ex officio member, may
resign his office at any time by tendering his resignation in writing to the Chairman of the Board or the
President of the Governing Council, as the case may be; and such member shall be deemed to have
vacated his office as soon as the resignation is received and accepted by the Government.
12. Removal of member.— (1) The Government may, on the recommendation of the Board, and
after making such further inquiry as it may think fit, by order remove any member of the Board or any
Committee thereof, if such member,—
(a) has been convicted by a Court in India for any offence involving moral turpitude ; or
(b) is an un-discharged insolvent ; or
(c) has been declared as a person with disability and certified as being unable to discharge
the functions of the Board or as the case may be, the Committee by such medical authority as the
Government may specify ; or
(d) is of unsound mind and stands so declared by a competent Court ; or
(e) is acting in a way detrimental to the aims and objects of the Board :
Provided that, no such recommenda tion shall be made by the Board or no order shall be made
under clause ( e), unless he has been given a reasonable opportunity of showing cause why such
recommendation or order should not be made.
(2) The Government may, suo motu, by order remove any nominated member of the Board or any
Committee thereof, whose activities are, in the opinion of the Government, detrimental to, or obstruct,
the proper functioning of the Board or of any Committee thereof :
Provided that, no member shall be removed from office unless such member has been given a
reasonable opportunity of showing cause why such order should not be made against him.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the nominated member of the
Board shall hold office during the pleasure of the Government and may be removed at any time before
the expiry of their term of office.
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13. Meetings of Board.— (1) The Board shall meet at least twice in every month.
(2) The Chairman of the Board may at any time if the exigencies so demand , upon a written
request made by not less than one -third of the total number of members of the Board, call a special
meeting of the Board on a date not later than twenty -one days after receipt of such request by the
Chairman.
14. Vacancy of Chairman or me mber owing to disqualification. — If the Chairman or
member of the Board or any Committee thereof becomes subject to any of the disqualifications
mentioned in section 9, his office shall thereupon be declared vacant by the Government.
15. Vacancy of member owing to absence without permission. — If a member appointed or
nominated to the Board remains absent, without permission of the Board, for three consecutive
meetings thereof, his office thereupon shall become vacant, and shall be so declared by the Chairman.
16. Decision on question as to vacancy.— In case of any dispute as to whether the office of the
Chairman or a member has become vacant under section 14 or 15, the same shall be referred to the
Government and the decision of the Government in the matter shall be final.
17. Acts and proceedings not invalidated by vacancies or defects in constitution of Board or
Committee.— No act or proceedings of the Board or any Committee thereof shall be invalid merely
by reason of any vacancy in, or any defect in the constitution of, such Board or Committee.
18. Power to invite experts and officers at meetings. — The Board may invite any person who
in its opinion is an expert in the field of education or any officer of the Government to attend its
meeting or of its C ommittees, if the subject with which the expert or officer is concerned is likely to
come up for discussion or consideration at such meeting.
19. Constitution of Committees. — (1) The Board shall constitute the following Committees,
namely:—
(a) Academic Committee ;
(b) Finance Committee ;
(c) Course Committees, not exceeding 20 ;
(d) Equivalence Committee ;
(e) Special Committee.
(2) The Board may constitute such other Committees as it thinks necessary for efficient
performance of its functions.
(3) The number of members of every Committee constituted by the Board, the term of office of
its members and the duties and functions to be discharged by it shall be such as may be prescribed.
20. Board to absorb certain staff and to assume obligations of Go vernment in respect of
matters to which this Act applies. — (1) The Board shall take over and employ such of the existing
staff on the date of the establishment of Maharashtra Nursing Council, such as Registrar, Joint
Registrar, Deputy Registrar and Assista nt Registrar, Controller of Examinations, Systems Analysts,
Finance Officers and Accounts Officers and serving for the purpose of the Maharashtra Nursing
Council constituted under the Maharashtra Nurses Act, 1966 (Mah. XL of 1966) (hereinafter referred
to as ― the existing Council ‖), as the State Government may direct, and every person so taken over and
employed shall be subject to the provisions of this Act and the regulations made thereunder :
Provided that,—
(a) such staff gives option, within the prescribed time limit to continue in the services of the
Board ;
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(b) during the period of such employment, all the matters relating to the pay, leave,
retirement, allowances, pension, provident fund and other conditions of services of the members
of the said staff shall be regulated by the Maharashtra Civil Services Rules or such order as may,
from time to time, be made by the Government ;
(c) any such employee shall have right of appeal to the Government against the order of
rejection, dismissal or removal from service, fine or any other punishment.
(2) Permanent employees of the existing Council if exercises option in favour of the Government
Service, they shall be absorbed within a period of two years under the Directorate of Medical
Education and Research in any of its offices or colleges or schools of nursing or Government Hospitals
where vacancy exists under the Directorate of Medical Education and Research.
(3) All expenditure which the existing Council may have incurred before the appointed day in
connection with any of the purposes of the existing Council, which are the objects and purposes for
which the Board is constituted, shall be deemed to be advanced towards capital expenditure by the
Government to the Board on that date, and all assets acquired by such expenditure shall vest into the
said Board.
(4) All property, movable or immovable, and all rights, and interests of whatsoever kind, and
powers and privileges of the existing Council necessary for the achievement of objects and purposes of
the Board shall stand transferred and shall vest in the Board and be applied for the objects and purposes
for which the Board is constituted.
(5) All obligations incurred, all contracts entered into and all matters and things engaged to be
done, before the first constitution of the Board by, with or for, the State Government or the existing
Council for any of the purposes of this Act, in respect of any scheme for the promotion of the nursing
and Paramedical Education in the State of Maharashtra shall be deem ed to have been incurred, entered
into, or engaged to be done by, with or for, the Board and accordingly, all claims made, or suits or legal
proceedings instituted or which might have been instituted by or against the State Government or the
existing Council, as the case may be, be continued or instituted by or against the Board.
21. Appointments powers and duties of Registrar, Joint Registrar, Deputy Registrar,
Assistant Registrar, Controller of Examinations, System Analysts, Finance Officers and Account
Officers.— (1) The Board shall have the Registrar who shall be appointed by the Government.
(2) The Registrar shall, subject to the control of the Chairman, be the Executive Officer of the
Board, and all other officers and servants, for the time being, se rving under the Board shall be
subordinate to him.
(3) The Registrar shall be entitled to be present at the meetings of the Board and shall be
Member-Secretary of the Board.
(4) The Registrar shall exercise such other powers and perform such other duties as may be made
by the regulations.
(5) The Government shall appoint the required number of nursing and Paramedical Education
staff such as Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations,
System Analysts, Finance Officers and Accounts Officers for the Board on the recommendation of the
Board.
(6) A Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations,
System Analysts, Finance Officers and Account Officers shall exercise such powers and perform such
duties of the Registrar as are, respectively assigned to them by the Registrar under the general or
special orders.
(7) The Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of
Examination, System Analysts, Finance Officers and Accounts Officers appointed under this Act shall
be the servants of the State Government and the salaries and allowances and other conditions of service
of these officers shall be such as may be determined by the Government.
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22. Other officers and servants of Board. — (1) The Board may, with the approval of the
Government, appoint such other officers and servants as it considers necessary for the efficient
performance of its functions under this Act.
(2) The salaries, allowances and ot her conditions of services of the officers and servants
appointed under sub-section (1), shall be such as may be determined by the regulations.
CHAPTER III
POWERS AND DUTIES OF THE GOVERNING COUNCIL AND BOARD
23. Powers and duties of Governing Council. — Subject to the provisions of this Act, the
powers and duties of the Governing Council shall be as follows, namely :—
(a) to act on the matters referred by the Board and to approve the recommendations and
decisions of the Board for implementation ;
(b) to prepare perspective development plan in consultation with teaching institutions for
nurses and hospitals ;
(c) to approve matters related to staff regulations and approval thereof ;
(d) to recommend the Government to carry test audit of accounts of the B oard regularly and
at such intervals as the Governing Council may deem fit ;
(e) to exercise the powers related to financial matters which are referred by the Board ;
(f) to approve the budget recommended by the Board ;
(g) to give directions to the Board with respect to the implementation of various policy
decisions taken by the Government, from time to time ;
(h) to approve the rules and procedures for appointment of Registrar and other employees of
the Board such as their qualifications, terms and conditions of services including conduct,
discipline and duties, mode of recruitment, pay scale, etc.;
(i) to recommend the Government to conduct an enquiry in respect of any matter concerning
the proper conduct, working and finance of the institutions under the Board.
24. Powers and duties of Board. — (1) Subject to the provisions of this Act, the powers and
duties of the Board shall be as follows, namely :—
(a) to advise the Government on matters of policy relating to diploma level nursing and
Paramedical Education in general, and on the following matters in particular, namely :—
(i) co-ordination between National p olicies and State policies regarding diploma level
nursing and Paramedical Education ;
(ii) co-ordination between Diploma Level Nursing and Paramedical Education ;
(iii) to maintain uniform standard of Diploma Level Nursing and Paramedical
Education ;
(iv) to promote interactions between health care industries and nursing and
Paramedical Education Institutions ;
(b) to lay down the guiding principles for determining syllabus and curriculum and also to
prepare the detailed syllabi and curricula for Diplo ma Level Nursing and Paramedical Education,
for all categories, such as regular, sandwich, part -time, correspondence course, yearly, semester
pattern and the like ;
(c) to prescribe and regulate standard guidelines for selection, infrastructure for nursin g and
Paramedical Education Institutions, requirements in respect of staff, buildings, furniture,
equipments, stationary and other things required for diploma level courses ;
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(d) to prescribe and develop any book as text book and reference book or to prepare or cause
to be prepared any book and print or non -print material or to publish directly or in collaboration
with any other agency, any kind of learning material for diploma level courses ;
(e) to prescribe the general conditions governing admission of regular candidates and ex -
candidates to the examinations and to specify the conditions relating to eligibility, attendance,
term-work and on the fulfilment of which a candidate shall have a right to be admitted to and
appear at any such examination ;
(f) to award certificates to candidates passing the diploma final examination ;
(g) to institute and to award scholarships, fellowships, stipends, medals, prizes and other
rewards and also to prescribe conditions therefor ;
(h) to receive bequests, donations and endowments from trusts and other transfers of any
property, or interest therein, or right thereto ;
(i) to hold any property, interest or right referred to in clause ( h) above and to manage and
deal with the same ;
(j) to fix, demand and receive such fees and penalties as may be prescribed ;
(k) to call for special reports and information from the Director of Medical Education and
Research, State Nursing Superintendent or from officers of the Medical Education Department of
the Government, and to call for any information from any diploma level i nstitution recognized by
the Board, to ensure maintenance and improvement in academic standard in Diploma Level
Nursing and Paramedical Education ;
(l) to recommend measures to promote physical, moral and social welfare of students in
institutions recognized by the Board, and to prescribe conditions of their residence and discipline ;
(m) to appoint the staff except the posts mentioned in sub-section (7) of section 21 as per the
regulations ;
(n) to constitute provident fund for the benefit of the officers and employees of the Board ;
(o) to approve the annual financial statement pertaining to the Board and to recommend to
the Governing Council for sanction, the annual budget ;
(p) to inspect and supervise generally the working of the Regional Office, i f any, and to
inspect periodically the accounts of the regions thereof ;
(q) to conduct statistical and other research or training programmes for the purposes of
design, development, implementation and evaluation of the curriculum, teaching learning proce ss
and examination in collaboration with any agency within the State and other States in the country
or outside India ;
(r) to appoint such Committees as it may think necessary for the efficient discharge of its
functions under this Act ;
(s) to make regulations for the purpose of carrying out effectively the provisions of this Act ;
(t) to make bye-laws relating to matters such as procedure to be followed by the Board, their
committees and any other matter solely concerning the Board and their Committee s that are not
provided for by or under this Act and the regulations made thereunder ;
(u) to exercise such other powers and perform such other duties as may be conferred or
imposed on it by or under this Act ;
(v) to carry out all such acts as may be necessary to achieve the objectives of this Act so as
to improve, extend or expand the Diploma Level Nursing and Paramedical Education in the State
and to maintain and improve standard of Diploma Level Nursing and Paramedical Education ;
(w) to make regulations for granting affiliation, accreditation, equivalence, eligibility to
institutions and reviewing or revoking affiliation or accreditation or equivalence or eligibility ;
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(x) to demand and receive such fees as m ay be prescribed for institutions for affiliation,
accreditation, conferring autonomy or equivalence ;
(y) to conduct the examinations of the students ;
(za) to appoint paper -setters, examiners, moderators, supervisors and other necessary
personnel for conducting examination, assessment of performance of students and for compiling
and declaration of results ;
(zb) to admit students for the examination according to the regulations ;
(zc) to select centres within its jurisdiction for theory and practical examinations conducted
by it;
(zd) to declare the result of the students appearing at the examinations conducted on such
date or dates as may be fixed;
(ze) to prepare list of students according to merit;
(zf) to deal with cases of unfair means according to the procedure laid down;
(zg) to evaluate generally the performance of students and institutions in all examinations
including the final examination in diploma level courses;
(zh) to call for any information from any diploma level institutions recog nized by it to
ensure maintenance of academic standard, to call for special reports, and information from the
Regional Offices, if any, of nursing and Paramedical Education concerned on diploma level
institution recognized by it but not maintaining the required academic standard and to recommend
to the Board withdrawal of recognition in case of poor academic results and grave academic
irregularities;
(zi) to request institutions recognized by the Medical Education Department of the
Government to extend their co -operation in the conduct of the examinations and to withdraw the
privileges of the Board from any institution, which fails to place at its disposa l the facilities
required to conduct examinations after giving it a reasonable opportunity of showing cause why
such orders should not be made ;
(zj) to create, own, hold or hire any property or infrastructure required for,—
(i) functioning of the Board office;
(ii) functioning of the regional offices;
(iii) providing residential accommodation to officers and staff of the Board;
(zk) to plan and monitor academic performance;
(zl) to propose the need -based courses, special courses for self -employment, courses for
rural, deprived persons and women.
(2) While exercising the powers and performing the duties specified under sub -section (1),
the Board shall make only such provision wh ich will result in maintaining standards above the
standards laid down under the Indian Nursing Act, 1947 (XLVII of 1947), and shall not result in
conflict with the standards laid down by the Indian Nursing Council under the said Indian
Nursing Act and the directions issued by the Central Government regarding Paramedical
Education.
25. Powers and duties of Chairman of Board.— (1) It shall be the duty of the Chairman of the
Board to ensure that the provisions of the Act and the regulations and bye -laws made thereunder are
observed, and he shall have all powers necessary for this purpose.
(2) In an emergency which, in the opinion of the Chairman of the Board, require that immediate
action should be taken, the Chairman shall take such action as he deems neces sary and shall thereafter
report his action to the Board at its next meeting.
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Paramedical Education Act, 2013
(3) The Chairman shall exercise such powers and perform such other duties as may be prescribed.
26. Power of Government to issue directions. — (1) The Government shall have the power,
after considering the advice, if any, tendered by the Board, to issue to the Board such directions as it
may consider necessary in regard to all or any of the matters specified in section 24. The Board shall
comply with such directions.
(2) The Government shall also have the right to address the Board with reference to anything it
has conducted or done or is conducting or doing or intends to conduct or do and to communicate to the
Board its views in the matter.
(3) The Board shall report t o the Government such action, if any, as it proposes to take or has
taken upon the communication, and shall furnish an explanation, if it fails to take appropriate action.
(4) If the Board does not take action within a reasonable time, to the satisfaction of the
Government, the Government may, after considering any explanation furnished or representation made
by the Board, issue such directions consistent with this Act as it may think fit, and the Board shall
comply with such directions.
(5) In an emergency which, in the opinion of the Government, requires that, immediate action
should be taken, the Government may take such action, consistent with this Act, as it deems necessary
without previous consultation with the Board and shall forthwith inform it of the action taken.
(6) The Government may, by order in writing, specifying the reasons thereof, suspend the
execution of any resolution or order of the Board and prohibit the doing of the action ordered to be
done or purporting to be ordered to be done by the Board, if the Government is of the opinion that such
resolution, order or act, is in excess of the powers conferred by or under this Act upon the Board.
CHAPTER IV
PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS
STATUS AND EQUIVALENCE
27. Conditions of Affiliation. — (1) The management applying for affiliation and management
whose institution has been granted affiliation for a specified period, shall give and comply with the
following undertaking :—
(a) that the provisions of the Act and re gulations thereunder and the standing orders and
directions of the Board shall be observed,
(b) that there shall be a separate local managing committee provided for affiliated schools or
colleges,
(c) that the number of students admitted for courses of s tudy shall not exceed the limits
prescribed by the Board and the Government, from time to time,
(d) that there shall be suitable and adequate facilities such as buildings, laboratories,
libraries, books, equipment’s required for teaching and research, hos tels, gymnasium, as may be
prescribed,
(e) that the financial resources of the nursing and Paramedical Institutions shall be such as to
make due provision for its continued maintenance and working,
(f) that the strength and qualification of teaching and non-teaching staff of the affiliated
recognized institutions and the emoluments and the terms and conditions of service of the staff of
affiliated institution shall be such as may be prescribed, and which shall be sufficient to make due
provision for courses of study, teaching or training or research efficiently,
(g) that all teaching and non-teaching employees and the required facilities of the institution
to be affiliated, shall be made available by the institutions for conducting examinations and for
promoting other activities of the Board,
2013 : Mah. XXIII] The Maharashtra State Board of Nursing and 15
Paramedical Education Act, 2013
(h) that the directions and orders issued by the Chairman and other officers of the Board in
exercise of the powers conferred on them under the provisions of the Act and the regulations shall
be complied with,
(i) that there shall be no change or transfer of the management without previous permission
of the Board,
(j) that institution shall not be closed without prior permission of the Government.
(2) No institution which is a part of another Board shall be considered for affiliation unless a ―no
objection certificate‖ is given by the parent Board.
28. Procedure for permission.— (1) The Board shall grant permission to start new nursing and
Paramedical Institution by observing the standards laid down under the Indian Nursing Act, 1947
(XLVII of 1947 ) and the directions issued by the Central Government regarding Paramedical
Education as per the provisions specified under this section.
(2) The management seeking permission to open a new institution shall appl y in the prescribed
form to the Member-Secretary of the Board before the last day of the year preceding the year for which
the permission is sought.
(3) The Board shall conduct an inspection after receipt of payment of inspection fee within
prescribed time and submit its report to the State Government.
(4) All such applications received within the aforesaid prescribed time -limit shall be scrutinized
by the Board and be forwarded to the Government on or before the last day of December of the year.
(5) Out of the applications recommended by the Board, the Government may grant permission to
such institutions as it may consider right and proper in its absolute discretion, taking into account the
Government’s budgetary resources, the suitability of the managements seeking permission to open new
institutions and the State level priorities with regard to location of institutions for Nursing and
Paramedical Education:
Provided that, in exceptional cases and for the reasons to be recorded in writing, any applicati on
not recommended by the Board may be approved by the Government for starting a new institution of
Nursing and Paramedical Education.
(6) No application shall be entertained directly through the Government for the grant of
permission for opening new institution of Nursing and Paramedical Education.
29. Procedure for affiliation. — (1) On receipt of the permission from the Government under
section 28, the Board shall consider grant of first affiliation to the new institution by following the
prescribed procedure given in sub -section (2) and after taking into account whether and the extent to
which the stipulated conditions have been fulfilled by the institution. The decision of the Board in this
regard shall be final.
(2) For the purpose of considering the application for the grant of affiliation, the Board shall form
Committee constituted for the purpose.
(3) The Board shall decide—
(a) whether affiliation should be granted or rejected ;
(b) whether affiliation should be granted in whole or part ;
(c) subjects, courses of study and the number of students to be admitted ;
(d) conditions, if any, which may be stipulated while granting the affiliation.
(4) The Member -Secretary shall communicate the decision of the Board with a copy to the
Director, Medical Education and Research and if the application for affiliation is granted, alongwith an
intimation regarding—
(a) the subjects and the courses of study approved for affiliation ;
16 The Maharashtra State Board of Nursing and [2013 : Mah. XXIII
Paramedical Education Act, 2013
(b) the number of students to be admitted ;
(c) the conditions, if any, subject to the fulfilment of which the approval is granted.
(5) The procedure referred to in section 28 shall apply mutatis mutandis for the permission to
open new courses, additional facilities, new subjects and additional divisions.
(6) No student shall be admitted by the institution unless the first time affiliation has been granted
by the Board.
(7) The procedure referred to in sub -sections (1) to (4) shall, mutatis mutandis, be applied for the
consideration of continuation of affiliation, from time to time.
30. Continuation of affiliation. — The affiliated institution may apply for continuation of
affiliation for the courses of study for which affiliation was granted ordinarily six months prior to the
date of expiry of such affiliation. The Board shall follow the procedure specified in sections 27, 28 and
29, as far as applicable for grant of affiliation.
31. Extension of affiliation.— The affiliated institution may apply for affiliation for additional
courses of study. The Board shall follow the procedure as specified in sections 27, 28 and 29, as far as
applicable for grant of affiliation.
32. Permanent affiliation and recognition. — The affiliated institution with at least six years
standing as an affiliated institution may apply for permanent affiliation. The Board shall consider and
scrutinize the application and when satisfied that the affiliated institution has fulfilled all the conditions
of application satisfactorily, and has attained high academic and administrative standards as prescribed,
from time to time, the Board shall grant permanent affiliation to such institution.
33. Inspection of institution and report. — (1) Every affiliated institution shall furnish such
reports, returns and other particulars as the Board may require for enabling it to judge the academic
standard and standards of administration of the institution.
(2) The Chairman shall inspect every affil iated institution, at least once in every three years, by
one or more Committees appointed by him in that behalf.
34. Withdrawal of affiliation or recognition. — (1) If an affiliated institution fails to comply
with the conditions of affiliation as proviExcerpt shown. Open the full act in Lexace.