LexThe maharashtra nurses act, 1966
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1966 : Mah. XL] 1
THE MAHARASHTRA NURSES ACT, 1966
[Text as on 26th June 2025]
——————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
3. Constitution and incorporation of the Council.
4. Term of office.
5. Casual vacancies.
6. Resignation.
7. Disqualification and disability.
8. Meetings of the Council.
9. Proceedings of meetings and validity of acts.
10. Powers, duties and functions of the Council.
11. Executive Committee and other Committees.
12. [Deleted].
13. Fees and allowances for meetings.
14. Income and expenditure of the Council.
15. Registrar of the Council, and his duties and functions.
16. Other employees of the Council.
CHAPTER III
REGISTRATION AND ENLISTMENT
17. Preparation of Register.
18. Temporary registration.
18A. Reciprocal Registration.
2 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
19. Preparation of list.
20. Persons not entitled to registration or enlistment.
21. Maintenance of Register and List.
22. Publication of Register and List.
23. Removal of names from the Register and List.
24. Renewal of registration and enlistment.
CHAPTER IV
RECOGNITION OF TRAINING INSTITUTIONS AND AFFILIATION OF INSTITUTIONS
25. [Deleted].
26. [Deleted].
CHAPTER V
NURSES ESTABLISHMENTS
27. Regulation of nurses establishments.
CHAPTER VI
NURSES ENTITLED TO PRACTISE, AND CONTROL OF LICENSING AUTHORITIES
28. Persons not registered or on the List not to practise as nurse.
29. Conditions on practice in certain areas.
30. Licensing authority to exercise general supervision.
31. Notice to licensing authority before commencement of practice.
CHAPTER VII
MISCELLANEOUS
32. Appeals against decisions of Registrar.
33. Penalty for dishonest use of certificate.
34. Penalty for unlawful assumption of title of registered or enlisted nurse.
35. Offences by companies.
36. Court competent to try offences under this Act.
37. Indemnity to persons acting under the Act.
38. Rules.
39. By-laws.
40. Control of State Government.
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 3
CHAPTER VIII
REPEAL AND TRANSITIONAL PROVISIONS
41. Repeal and saving.
42. Dissolution of Councils under the repealed laws and constitution of new Council.
43. Provision regarding Registrars.
44. Vesting of rights, duties, etc.
45. Power to remove difficulties.
SCHEDULE
4 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 5
LIST OF AMENDMENT ACTS
1. Amended by Mah. 17 of 19691
2. Amended by Mah. 3 of 1973
3. Amended by Mah. 23 of 2013
4. Amended by Mah. 33 of 2018 (21-05-2018)2
5. Amended by Mah. 13 of 2020
6. Amended by Mah. 12 of 2021 (19-12-2020)3
1 Maharashtra Ordinance No. III of 1969 was repealed by Mah. 17 of 1969, s. 3.
2 This act came into force vide Government Notification MNC-0118/C.R.21/Acts, M.E.D. & D. D., no. 141, dated 21st May
2018, Published in Maharashtra Government Gazette, part 4-B, at page 2.
3 Section 3 of Mah. 12 of 2021 reads as under :—
3. Validation of acts and things done by administrator. — All acts and things done and all steps take n by the
administrator after the expiry of the extended term of appointment under sub -section (3) of section 40 of the Maharashtra
Nurses Act, 1966 (Mah. XL of 1966), till the date of publication of this Act in the Official Gazette, shall be deemed to have
been validly done or taken as if his term of appointment has not so expired; and the same shall not be called in question in
any court of law or no suit or other proceedings shall be instituted or maintainable against such person or the Maharashtra
Nursing Council on the sole ground that the exercise of the powers, performance of duties and discharge of functions by
such administrator under the said Act during such period was without any legal authority.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 7
MAHARASHTRA ACT No. XL OF 19661
[THE MAHARASHTRA NURSES ACT, 1966.]
[This Act received the assent of the President on the 22nd December 1966; assent was first published in
the Maharashtra Government Gazette, Part IV, on the 30th day of December 1966.]
An Act to unify and make better provision in the law relating to nurses
in the State of Maharashtra.
WHEREAS, it is expedient to unify and make better provision in the law regulating registration
and training of nurses in the State of Maharashtra and to provide for matters connected with the purposes
aforesaid ; It is hereby enacted in the Seventeenth Year of the Republic of India as follow :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Nurses Act, 1966.
(2) It extends to the whole of the State of Maharashtra.
(3) (a) Section 1 shall come into force at once.
(b) The remaining provisions of this Act (except Chapters V and VI) shall come into force on
such 2date as the State Government may, by notification in the Official Gazette, appoint.
(c) Chapter V shall come into force in the Bombay area on the date on which the remaining
provisions come into force under clause (b); but that Chapter shall come into force in the rest of the State
on such subsequent date as the State Government may, by like notification, appoint.
(d) Chapter VI shall come into force on such date subsequent to the date referred to
in clause (b) as the State Government may, by like notification, appoint.
2. Definitions.— 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 is or which is deemed to be affiliated to the Council in accordance with this Act and
the by-laws 3[or, as the case may be, affiliated to the Maharashtra State Board of Nu rsing and
Paramedical Education in accordance with the provisions of the Maharashtra State Board of
Nursing and Paramedical Education Act, 2013 (Mah. XXIII of 2013) ; and the bye -laws made
thereunder];
(b) “appointed day” means the date on which the remaining provisions come into force under
clause (b) of sub-section (3) of section 1;
(c) “by-law” means a by-law made or continued in force under this Act;
(d) “Council” means the Maharashtra Nursing Council constituted or deemed to be constituted
under this Act;
4[* * *]
(f) “Executive Committee” means the Executive Committee of the Council constituted under
section 11;
(g) “Institution” includes any association, which maintains or controls nurses establishment;
(h) “licensing authority” in the case of a municipal area means the municipal corporation or
municipal council established for such area, and in the case of any other area, the Zilla Parishad
established therefor :
1 For Statement of Objects and Reasons L. A. Bill No. XLI of 1966 , see Maharashtra Government Gazette, 1966, Part V
Extra., dated the 14th September 1966, pages 434–436.
2 15th day of February 1967 (Vide G. N., U. D., P. H. & H. D., No NBC. 1066/Unification-I, dated 13th February 1967).
3 These words were added by Mah. 23 of 2013, Schedule II.
4 Clause (e) was deleted by Mah. 23 of 2013, Schedule II.
8 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
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 ;
(i) “List” means a List of nurses prepared or deemed to be prepared and maintained under this
Act ;
(j) “Member” means a Member of the Council ;
(k) “Nurse” includes male nurse, auxiliary nurse, public health nurse, midwife, auxiliary
nurse-midwife and health visitor ;
(l) “Nurses establishment” means any establishment, whether carried on for gain or not, which
provides for or is intended to provide the services of persons to act as nurses to those requiring such
services ;
(m) “prescribed” means prescribed by rules ;
(n) “President” means the President of the Council ;
(o) “recognised institution” means any institution recognised or deemed to be recognised for
training of nurses in accordance with this Act and the by-laws 1[or, as the case may be, recognized
by the Mah arashtra State Board of Nursing and Paramedical Education in accordance with the
provisions of the Maharashtra State Board of Nursing and Paramedical Education Act, 2013 (Mah.
XXIII of 2013), and the bye-laws made thereunder] ;
(p) “Region” means the areas comprised in each of the 2[* * *] Regions in the State specified
in the Schedule to this Act ;
(q) “Register” means a Register of nurses prepared or deemed to be prepared and maintained
under this Act, and the expressions “registered” and “registration” shall be construed accordingly ;
(r) “Registrar” means the Registrar of the Council ;
(s) “Rule” means rule made or continued in force under this Act ;
(t) “State” means the State of Maharashtra ;
(u) “Vice-President” means the Vice-President of the Council.
CHAPTER II
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL
3. Constitution and incorporation of the Council. — (1) The State Government may, by
notification in the Official Gazette, constitute a Council, to be called “the Maharashtra Nursing Council”.
(2) The Council shall be a body corporate, having perpetual succession and a common seal, with
power to acquire, hold and dispose of property and to contract, and may, by the name aforesaid, sue and
be sued.
(3) The Council shall consist of the following members, that is to say,—
(a) ex-officio members,—
3[4[(i) The Assistant Director of Health Services (Nursing) ;]
(ii) the Director of Medical Education and Research ;]
(iii) the Superintendent of Nursing Services, Government of Maharashtra ;
5[(iv) the Superintendent of Nursing Services, Municipal Corporation of Brihan
Mumbai ;]
1 These words were added by Mah. 23 of 2013, Schedule II.
2 The word “five” was deleted by Mah. 23 of 2013, Schedule II.
3 These sub-clauses were substituted by Mah. 3 of 1973, s. 3, Sch.
4 This sub-clause was added by Mah. 13 of 2020, s. 2(a)(i).
5 This sub-clause was added by Mah. 13 of 2020, s. 2(a)(ii).
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 9
(b) elected members,—
1[(i) 2[two members] from each of the three Regions, to be elected by nurses registered
in the Register under the relevant Region, from amongst themselves ;]
3[* * *]
4[(iii) one member, to be elected by matrons of the affiliated institutions, from amongst
themselves ;]
5[(iv) one member, 6[* * *] to be elected by the sister tutors and clinical instructors of
the affiliated institutions, from amongst themselves ;]
7[(v) one member, to be elected by the State Branch of the Trained Nurses Association
of India ;]
8[(c) nominated members,—
five members, to be nominated by the State Government,—
(i) one from Registered Nurses,
(ii) one from Physicians,
(iii) one from Surgeons,
serving under Director of Medical Education and Research;
(iv) one from Public Health Nurses;
(v) one from sister tutors or clinical instructors from the recognized nursing
institutions of the State.]
(4) The President and Vice-President shall be elected by the members from amongst themselves.
(5) The election of the members, and of the President and Vi ce-President, shall be held at such
time, and at such place, and in such manner, as may be prescribed.
(6) If, at any election, the electors fail to elect the requisite number of members or to elect the
President or Vice -President, the State Government sh all nominate such person or persons who are
qualified to be elected, as it deems fit, t o fill the vacancy or vacancies ; and the person or persons so
nominated shall be deemed to have been duly elected under this section.
(7) Where any dispute arises regar ding any election of a member, or of the President or Vice -
President, it shall be referred to the State Government, and the decision of that Government shall be final.
4. Term of office. — (1) The State Government shall, by notification in the Official Gazette,
publish the names of the members, both elected and nominated.
(2) Save as otherwise provided in this Act, a member, other than an ex-officio member, shall hold
office for a term of five years from the date of publication of the notification under sub-section (1) :
9[Provided that, the State Government may, by order, give extension to a Member, President or
Vice-President, even after expiry of his term, initially, for such period not exceeding six months, which
period may, in the like manner further be extended by a further period not exceeding six months, so that
the total period of extensions shall not exceed one year in the aggregate].
1 This sub-clause was substituted by Mah. 23 of 2013, Schedule II.
2 These words were substituted by Mah. 13 of 2020, s. 2(b)(i).
3 Sub-clause (ii) was deleted by Mah. 23 of 2013, Schedule II.
4 This sub-clause was substituted by Mah. 23 of 2013, Schedule II.
5 This sub-clause was substituted by Mah. 23 of 2013, Schedule II.
6 These words were deleted by Mah. 13 of 2020, s. 2(b)(ii).
7 This sub-clause was substituted for sub-clauses (v), (vi), (vii) and (viii) by Mah. 13 of 2020, s. 2(b)(iii).
8 This clause were substituted by Mah. 13 of 2020, s. 2(c).
9 This proviso was inserted by Mah. 33 of 2018, s. 2(a)(i).
10 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
1[* * *]
2[* * *]
(6) An outgoing member, President or Vice -President, shall be eligible for re -election or
re-nomination.
(7) Leave of absence may be granted by the Council to any member for a period not exceeding six
months.
5. Casual vacancies.— (1) Any casual vacancy, previous to the expiry of the term, in the office
of the President or Vice-President or of a member elected under clause (b) of sub-section (3) of section
3, caused by reason of death, resignation, disqualification or disability or any other reason, shall be filled
by election :
Provided that, any vacancy in the office of an elected member occurring within six months prior to
the date on which the term of office of all the members expires, shall not be filled.
(2) Any casual vacancy, previous to the expiry of the term, in the office of a member nominated
under clause (c) of sub-section (3) of section 3, shall be reported forthwith by the Registrar to the State
Government, and shall, as soon as possible thereafter, be filled by the State Government by nomination.
(3) Any person elected under sub -section (1) or nominated under sub -section (2) to fill a casual
vacancy shall, notwithstanding anything contained in nominated section 4, hold office only so long the
person in whose place he is elected or nominated would have held office, if the vacancy had not occurred.
6. Resignation. — (1) The President or the Vice -President may at any time resign his office by
notice in writing addressed to the Council, and delivered to the Registrar. The resignation shall take
effect from the date on which it is accepted by the Council.
(2) An elected member may at any time resign his office by a notice in writing addressed to the
President. A nominated member may at any time resign his office by notice in writing addressed to the
State Government. Every such resignation shall take effect from the date on which it is accepted by the
President or, as the case may be, the State Government.
7. Disqualification and disability. — (1) A person shall be disqualified for being elected or
nominated as, and for continuing as, a member,—
(a) if he is an undischarged insolvent ;
(b) if he is of unsound mind, and stands so declared by a competent court ;
(c) if his name has been removed from the Regis ter or List and has not been re -entered
therein; 3[* *]
(d) if he is a whole-time officer or servant of the Council ;
4[(e) if he ceases to be eligible in the category from which he was elected; or
(f) if he or his family member is owner or partner of any nursing establishmen t, in any form
whatsoever.]
(2) In any member absents himself from three consecutive meetings of the Council, without leave
of the Council or without such reasons as may, in the opinion of the Council be sufficient, the Council
may declare his seat vacant, and take steps to fill the vacancy.
(3) If any member becomes or is found to be, subject to an y of the disqualifications mentioned in
sub-section (1), the Council shall submit a report to the State Government, and the State Government
shall, if satisfied that the member is disqualified, declare his seat vacant.
1 This proviso was deleted by Mah. 13 of 2020, s. 3.
2 Sub-sections (3), (4) and (5) were deleted by Mah. 33 of 2018, s. 2(b).
3 This word was deleted by Mah. 13 of 2020, s. 4(a).
4 These clauses were added by Mah. 13 of 2020, s. 4(b).
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 11
8. Meetings of the Council. — (1) The meetings of the Council shall be convened, held and
conducted in such manner as may be prescribed.
(2) The President, when present, shall preside at every meeting of the Council. If at any meeting
the President is absent, the Vice-President, and in the absence of both, any other member elected by the
members present from amongst themselves, shall preside at such meeting.
(3) All questions at a meeting of the Council shall be decided by a majority of votes.
(4) In case of an equality of votes, the presiding authority at a meeting shall have and exercise a
second or a casting vote.
(5) Eight members (including the President and the Vice-President) shall form a quorum. When a
quorum is required but not present, t he presiding authority shall adjourn the meeting to such hour on
some future day, as it may notify on the notice-board at the office of the Council ; and the business which
would have been brought before the original meeting had there been a quorum thereat, shall be brought
before the adjourned meeting, and may be disposed of at such meeting or any subsequent adjournment
thereof, whether there be a quorum present or not.
9. Proceedings of meetings and validity of acts.— (1) The proceedings of the discussion of every
meeting of the Council, shall be treated as confidential ; and no person shall, without the previous
resolution of the Council, disclose any portion thereof :
Provided that, nothing in this section shall be deemed to prohibit any person from d isclosing or
publishing the text of any resolution adopted by the Council, unless the Council directs such resolution
also to be treated as confidential.
(2) No disqualification of or defect in the election or nomination of any person as a member, or as
the President, or as the Vice-President, or as a presiding authority of a meeting, shall of itself be deemed
to vit iate any act or proceedings of the Council in which such person has taken part, whenever the
majority of persons who are parties to such act or proceedings, were entitled, to vote.
(3) During any vacancy in the Council, the continuing members may act, as i f no vacancy has
occurred :
Provided that the number of vacancies shall at any time not exceed seven.
10. Powers, duties and functions of the Council. — Subject to such conditions as may be
prescribed by or under the provisions of this Act, the powers, d uties and functions of the Council
shall be—
(a) to maintain the Register and the List, and to provide for the registration and enlistment of
nurses ;
(b) to hear and decide appeals from any decision of the Registrar ;
(c) to prescribe a Code of Ethics for regulating the professional conduct of nurses ;
(d) to reprimand a registered or an enlisted nurse, or to suspend or remove him from the
Register or the List, as the case may be, or to take such other disciplinary action against him as
may, in the opinion of the Council, be necessary or expedient ;
1[* * *]
(m) subject to the approval of the State Government, to receive donations and to determine
the conditions of acceptance of donations ; and
(n) to exercise such other powers and perform such other duties and functions as are laid down
in this Act, or as may be prescribed.
1 These clauses were deleted by Mah. 23 of 2013, Schedule II.
12 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
11. Executive Committees and other Committees.— (1) The Council shall, as soon as may be,
constitute an Executive Committee cons isting of the President ex-officio, and such number of other
members elected by the Council from amongst its members, as may be prescribed.
(2) The term of office of, and the manner of filling casual vacancies among, and the procedure to
be followed by, the members of the Executive Committee, shall be such as may be prescribed.
(3) In addition to the powers, duties and functions conferred, imposed and entrusted by this Act,
the Executive Committee shall exercise such powers, perform such duties, and discharge such functions,
of the Council as may be delegated to it by rules or entrusted to it, from time to time, by the Council.
(4) The Council may, subject to any rules made in this behalf, from time to time, by resolution
passed at a meeting, appoint any other Committee or Committees of its members consisting of such
number of persons, on such terms and for performing such functions as may be specified in the resolution.
1[* * *]
13. Fee and allowances for meeting. — There shall be paid to the President, Vice-President and
other members of the Council and to the members of the Executive Committee and other Committees (if
any) appointed by the Council, and to the Chairman and members of the 2[* * * ] appellate authority
referred to in sub -section (4) of s ection 19, such fees and allowances for attendance at meetings, and
such reasonable travelling allowances, as shall, from time to time, be prescribed.
14. Income and expenditure of the Council.— (1) The income of the Council shall consist of—
(a) fees received under this Act or the rules or by-laws made thereunder ;
(b) grants received from the State Government, if any ; and
(c) any other sums received by the Council.
(2) It shall be competent for the Council to incur expenditure for the following pur poses,
namely :—
(a) salaries and allowances of the Registrar and the staff maintained by the Council ;
(b) fees and allowances to be paid to the members of the Council and other persons mentioned
in section 13 ;
3[* * *]
(d) such other expenses as are necessary for performing its duties and discharging its
functions under this Act, or the rules or by-laws made thereunder.
15. Registrar of the Council, and his duties and functions. — (1) The Council shall, with the
previous sanction of the State Government, appoint a Registrar.
(2) The Executive may, from time to time, grant leave to Registrar :
Provided that, if the period of leave does not exceed one month, the leave may be granted by the
President.
(3) During any temporary vacancy in the office of the Registrar due to leave or any other reason,
the Executive Committee may, with the previous sa nction of the State Government appoint another
person to act in his place ; and any person so appointed shall, for the period of such appointment, be
deemed to be the Registrar for the purposes of this Act :
Provided that, when the period of such vacancy does not exceed one month, the appointment may
be made by President, who shall forthwith report such appointment to the Executive Committee and the
State Government.
1 Section 12 was deleted by Mah. 23 of 2013, Schedule II.
2 These words were deleted by Mah. 23 of 2013, Schedule II.
3 This clause was deleted by Mah. 23 of 2013, Schedule II.
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 13
(4) The Council may, with the previous sanction of the State Government, suspend, dismiss or
remove any person appointed as the Registrar, or impose any other penalty upon him.
(5) Save as otherwise provided by this Act, the salary and allowances and other conditions of
service of the Registrar shall be such as may be prescribed.
(6) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend
all meetings of the Council, and of all its Committees 1[* * *] and shall keep minutes of the names of
members present and of the proceedings at such meetings.
(7) The accounts of the Council shall be kept by the Registrar, in the prescribed manner.
(8) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may
perform such other duties and discharge such other functions as may be specified in this Act or the rules
or by-laws made thereunder.
(9) The Registrar appointed under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (XLV of 1860).
16. Other employees of the Council.— (1) The Council may appoint such officers and servants,
other than the Registrar, as it may deem necessary for performing its duties and discharging its functions
under this Act :
Provided that, the number and designations of such officers and servants and their salaries and
allowances shall be determined by the Council, with the previous sanction of the State Government.
(2) Notwithstanding anything contained in sub -section (1), but, subject to such financial limit as
may be laid down in this behalf by th e Council, it shall be competent for the Executive Committee to
create temporary posts of clerks or servants and to make appointments thereto, to meet any temporary
increase in work, or to carry out any work of a seasonal character.
(3) The method or recr uitment and the other conditions of service of the officers and servants of
the Council shall be such as may be prescribed.
(4) The officers and servants of the Council appointed under this Act shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).
CHAPTER III
REGISTRATION AND ENLISTMENT
17. Preparation of Register.— (1) As soon as may be after the appointed day, the Registrar shall
prepare and maintain thereafter a Register of nurses for the State, in accordance with the provisions of
this Act.
(2) The Register shall consist of 2[three] parts, one for each Region. It s hall be in such form, and
may and may be divided into such sections as may be prescribed. It shall include the full name, address
and qualification of the registered nurse, the date on which each qualification was obtained, and such
other particulars as may be prescribed.
(3) (a) Any person, who has undergone such courses of training, has passed such examinations and
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 (XLVIII of 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 fee and on presentation of his degree, diploma or
certificate, be entitled to have his name entered in the Register :
Provided that, the name of an applicant who is unable to present his degree, diploma or certificate
may be entered in the Register, if he satisfies the President that he holds such degree, diploma or
certificate but cannot for sufficient cause present the same with his application.
1 These words were deleted by Mah. 23 of 2013, Schedule II.
2 This word was substituted by Mah. 13 of 2020, s. 5(a).
14 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
(b) Such person shall specify in the application the Region in which he desires to be registered and
shall not be entitled to be registered in more than one Region :
Provided that, if he fails to specify the Region in which he should b e registered, the Council shall
have the power to enter his name in the Region in which his address is situated and if no address in the
State is given in such Region as the Council may, after considering all other particulars submitted by the
applicant, decide.
(4) The name of every person—
(a) who on the day immediately preceding the appointed day stands entered in any register
duly kept under the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bom. XIV of 1954),
as in force in the Bombay area of the State ; or
(b) who, on or after the 1 st November 1956, being entered in any register other than that of
dais duly kept under the Central Provinces and Berar Nurses Registration Act, 1936 (C. P. and
Berar XXIII of 1936), as in force in the Vidarbha region of the State, stands entered therein on the
day immediately preceding the appointed day,
shall be entered in the Register prepared under this Act, without such person being required
to make an application, or to pay any fee for this purpose.
(5) (a) The name of every person who on the day immediately preceding the appointed day—
(i) stands entered in any register (other than that of dais) duly kept under the Central Provinces
and Berar Nurses Registration Act, 1936 (C. P. Berar XXIII of 1936), as in force in the Vidarbha
region of the State (not being a person already covered by the last preceding
sub-section) ; or
(ii) stands entered in Part I of any register duly kept under the Hyderabad Nurses, Midwives
and Health Visitors Registration Act, 1951 (Hyd. XIX of 1951), as in force in the Hyderabad area
of the State,
shall, subject to the provisions of clause ( b), be entered in the Register kept under this Act,
without such person being required to make an application, or to pay any fee for this purpose.
(b) Notwithstanding anything contained in clause ( a), within a period of three months from the
appointed day or such further period as the State Government may allow, the Registrar shall publish a
general notice in the Official Gazette and in such newspapers as the Council may select, in such form as
may be prescribed, and send individual notice by registered post to every such person referred to in
clause (a) at his last known address in such form as may be prescribed, calling upon eve ry such person
to pay to the Registrar in the prescribed manner a fee of 1[five hundred rupees] if he desires to continue
his name on the Register under this Act. The name of every such person who pays such fees before the
expiry of the period of two month s from the date of publication of the general notice in the Official
Gazette shall be continued on the Register under this Act, without such person being required to make
an application or to pay any other fee for this purpose. If such fee is not paid with in time, the Registrar
shall remove the name of the defaulter from the Register :
Provided that, if an application for continuance of the name so removed is made to the Registrar
within a period of six months from the last date on which such fee should ha ve been paid, the name so
removed may be re-entered in the Register on payment of a fee of 2[two thousand rupees].
(6) The name of every person eligible to be entered in the Register under this Act under
sub-section (4) or (5) shall be entered in the part relating to that Region in which his address as given in
the register under the repealed Act is situated, and if the address is not situated in the State, the Council
shall have the power to enter his name in that Region in which the repealed Act under w hich he was
registered was in force or in such other Region as it deems fit.
(7) After the last date for payment of the fee of 3[five hundred rupees] under clause ( b) of
sub-section (5) has expired and the Register prepared in accordance with the foregoi ng provisions is
1 This word was substituted by Mah. 13 of 2020, s. 5(b)(i).
2 These words were substituted by Mah. 13 of 2020, s. 5(b)(ii).
3 These words were substituted by Mah. 13 of 2020, s. 5(c).
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 15
ready, the Registrar shall publish a notice in the Official Gazette and such newspapers as the Council
may select, about the Register having been prepared and the Register shall come into force from the date
of publication of such notice in the Official Gazette.
(8) Every registered practitioner shall be given a certificate of registration in the prescribed form.
Such certificate shall be valid upto the date specified therein.
18. Temporary registration.— (1) Any person who desires to be registered temporarily under
clause (b) of sub-section (2) of section 11 of the Indian Nursing Council Act, 1947 (XLVIII of 1947),
shall make an application in the prescribed form to the Registrar and shall pay a fee of ten rupees. On
receipt of such appl ication, 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.
(2) Every person whose name is entered in the Register under sub -section (1) shall be g iven a
certificate of temporary registration in the prescribed form. Such certificate shall remain in force for such
period as may be specified therein.
(3) Any person who possesses temporary registration under sub-section (1) shall not be eligible to
stand as a candidate or to vote at any election held under this Act.
1[18A. R eciprocal Registration. — (1) Any person, who has obtained the qualification for
registration as a nurse in the State other than State of Maharashtra, desires to obtain reciprocal registration
under the Act, shall make an application in the prescribed form to the Registrar and shall pay such fees
as may be prescribed. On receipt of such application and fees, the Registrar shall seek the approval of
the President of the Council for reciprocal enrolment of the applicant in the Register.
(2) Every person whose name is entered in the Regi ster under sub -section (1) shall be given a
certificate of reciprocal registration in such form as may be prescribed. Such certificate shall remain in
force, for such period, as may be specified therein.
(3) Any person who possesses reciprocal registration under sub-section (1) shall not be eligible to
stand as a candidate or to vote at any election held under this Act.]
19. Preparation of list.— (1) As soon as may be, after the appointed day, the Registrar shall, in
accordance with the provisions of this Act, prepare and maintain thereafter a List of persons not entitled
to registration under section 17, but who have been practising as nurses.
(2) The List shall contain—
(a) the name of every person who on the day immediately preceding the appointed day stood
entered—
(i) as a dai in the register duly kept under the Central Provinces and Berar Nurses
Registration Act, 1936 (C. P. and Berar XXIII of 1936), as in force in the Vidarbha region of
the State ;
(ii) in Part II of the register duly kept under the Hyderabad Nurses, Midwives and Health
Visitors Registration Act, 1951 (Hyd. XIX of 1951), as in force in the Hyderabad area of the
State,
without such person being required to make an application or to pay any fee for this purpose;
(b) the name of every person whose case is not covered by clause ( a) but who makes an
application 2[on or before the 14 th day of February 1971] to the Registrar in the prescribed form
accompanied by a fee of ten rupees and such documents as may be prescribed and who proves to
the satisfaction of a Committee appointed under sub-section (3) that on the 16th day of September,
1966, he was regularly practising as a nurse in any part of the State and fulfils such other conditions
as may be determined by the Council.
1 This section was inserted by Mah. 13 of 2020, s. 6.
2 These words, figures and letters were substituted for the words “within a period of two years from the appointed day ” by
Mah. 17 of 1969, s. 2.
16 The Maharashtra Nurses Act, 1966 [1966 : Mah. XL
(3) All applications for enlistment under sub -section ( 2) shall be considered by a Committee
consisting of a Chairman and two other members of the Council appointed by the State Government.
(4) Any person aggrieved by the decision of the Committee may, within a period of one month
from the date on which such decision is communicated to him, on paym ent of a fee of 1[five hundred
rupees], appeal to the appellate authority constituted by the State Government in this behalf. The
appellate authority shall consist of a Chairman who has for at least seven years held judicial office not
lower in rank than that of District Judge, one member elected by the Council, and one officer not lower
in rank than that of 2[Deputy Director of Health Services or of Medical Education and Research]. The
decision of the appellate authority shall be final.
(5) The provisions of sub-section (2), excluding the portion relating to division of the Register into
parts, and of sub -sections (7) and ( 8) of section 17 shall mutatis mutandis apply to the List prepared
under this section.
20. Persons not entitled to registration or enlistment.— Notwithstanding anything contained in
sections 17, 18 and 19, no person, whose name has been removed from any register or list kept under
any of the Acts repealed by this Act or any other law for the tim e being in force in India or any part
thereof regulating registration of nurses on the ground of professional misconduct, shall be entitled to
have his name entered in the Register or the List kept under this Act, unless his name is duly restored to
the Register or the List, as the case may be, from which it was so removed :
Provided that, where the name of any person was so removed from any Register or list kept under
any of the repealed Acts, on an application by such person, his name may be entered in t he Register or
List under this Act, if the applicant is otherwise qualified to be registered or enlisted and sufficient cause
is shown to the satisfaction of the Council to condone the misconduct.
21. Maintenance of Register and List.— (1) It shall be the duty of the Registrar to make entries
in the Register, from time to time, to revise the same and to issue certificates of registration in accordance
with the provisions of this Act, and the rules made thereunder, and the orders of the Council.
(2) The names of registered nurses who die or whose names are directed to be removed from the
Register under section 23 shall be removed therefrom.
(3) Any person whose name is entered in the Register and who subsequent to his registration desires
to record in the Register any change in his name, shall, on application made in this behalf and on payment
of the prescribed fee, be entitled to have such change in his name recorded in the Register.
(4) Subject to the provisions of section 11 of the Indian Nursing Council Act, 1947 (XLVIII of
1947), any person whose name is entered in the Register and who subsequent to his registration obtains
any recognised higher qualification, shall, on an application made in this behalf, and on payment of the
prescribed fee, be entitled to have an entry stating such qualification made against his name in the
Register.
(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been
defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate
certificate.
(6) The provisions of sub-sections (1) to (5) shall mutatis mutandis apply to the maintenance of the
List prepared under this Act.
22. Publication of Register and List.— (1) At such time after the publication of the notice under
sub-section (7) of section 17 as the Council deems fit, and thereafter every five years, the Registrar shall
cause to be printed and published a correct nurses’ list of all persons for the time being entered in the
Register.
1 These words were substituted by Mah. 13 of 2020, s. 7.
2 These words were substituted for the words “Deputy Director of Medical Services or of Public Health” by Mah. 3 of 1973,
s. 3, Sch.
1966 : Mah. XL] The Maharashtra Nurses Act, 1966 17
(2) The Registrar shall cause to be printed and published annually on or before a date to be decided
by the Executive Committee, an addendum and a corrigendum to the list published under sub -section
(1), showing—
(a) the names of all nurses for the time being entered or re -entered in the Register and not
included in any subsisting list already printed and published ; and
(b) the names of all nurses included in any subsisting list, whose names have since been
removed on account of any reason whatsoever from, and not re-entered in, the Register, and
(c) any other amendments to the subsisting list.
(3) The form of the list published under sub-section (1), the particulars to be included therein, and
the manner of its publication, shall be such as may be prescribed.
(4) A copy of the list referred to in sub-section (1) shall be evidence in all Courts, and in all judicial
or quasi-judicial proceedings, that the persons therein specified are registered according to the provisions
of this Act, and the absence of the name of any person from such copy shall be evidence, until the
contrary is proved, that such person is not registered according to provisions of this Act :
Provided that, in the case of any person whose name does not appear in such copy, a certified copy
under the hand to the Registrar of the entry of the name of such person on the register shall be evidence
that such person is registered under the provisions of this Act.
(5) The provisions of sub-sections (1) to (4) shall mutatis mutandis apply to the publication of the
List prepared under this Act.
23. Removal of names from the Register and List.— (1) It a registered nurse has been, after due
inquiry held by the Council (or by the Executive Committee) in the prescribed manner, found guilty of
any misconduct by the Council, the Council may—
(a) issue a letter of warning to such nurse, or
(b) direct the name of such nurse—
(i) to be removed fro m the Register for such period as may be specified in the
direction, or
(ii) to be removed from the Register permanently ;
Explanation.— For the purposes of this section “misconduct” shall mean—
(i) the conviction of a registered nurse by a criminal court for an offence which involves moral
turpitude, and which is cognizable within the meaning of the 1Code of Criminal Procedure,
1898 (V of 1898); or
(ii) any conduct which, in the opinion of the Cou ncil, is infamous in relation to the nursing
profession, and particularly under any Code of Ethics prescribed by the Council in this behalf.
(2) The Council may, on sufficient cause being shown, direct at any subsequent date that the name
of a nurse removed under sub-section (1) shall be re-entered in the Register on such conditions, and on
payment of such fee, as may be prescribed.
(3) Any person aggrieved by any order of the Council made under this section may, within three
months from the date on which the order is communicated to him, appeal against such order to the State
Government. The order of the State Government on any such appeal shall be final.
(4) The provisions of sub-sections (1) to (3) shall mutatis mutandis apply to the nurses included in
the List maintained under this Act.
24. Removal of registration and enlistment.— (1) Within a period of three months from the date
of publication of the notice under sub-section (7) of section 17, and thereafter at the expiration of every
five years from that date within a period of three months from such expiration, every registered nurse
1 See, now, the Code of Criminal Procedure, 1973 (II of 1974).Excerpt shown. Open the full act in Lexace.