The Meghalaya Nursing Council Act No.5,1992

MEGHALAYA ACT 5 OF 1992 
 
THE MEGHALAYA NURSING COUNCIL ACT, 1992 
 
(As passed by the Meghalaya Legislative Assembly) 
 
[Received the assent of the Governor on the 3rd May, 1992] 
(Published in the Gazette of Meghalaya, Extra-ordinary issue, dated 4th May, 1992) 
An 
Act 
to provide for the establishment of a Nursing Council for the State of Meghalaya, registration of 
nurses with the Council and for matters ancillary thereto 
 
Be, it enacted by the Legislature of the State of Meghalaya in Forty -third year of the 
Republic of India as follows:- 
Short title, extent 
and commencement.  
 
1 
 
(1) This Act may be called the Meghalaya Nursing Council Act, 
1992. 
(2) It extends to the whole of the State of Meghalaya.  
(3) It shall come into force at once  
 
Definition 2  In this Act unless there is anything repugnant in the subject of 
context  
 
(a) “Act” means the Meghalaya Nursing Council Act, 1992  
(b) “Council” means the Meghalaya Nursing Councils 
established under section 3;  
(c) “member” means a member of the Council;  
(d) 1“nurse” means a registered nurse, of different cadre
(e) “prescribed” means prescribed by rules or by regulations 
as the case may be;  
”  
(f) “register” means the register maintained under section 9 
where nurses are registered and the words ‘registered’ 
and ‘registration’ shall be constructed accordingly;  
(g) “Registration” means the Registrar referred to in sub-
section (1) of section 6;  
(h) “regulations” means the regulations made by the Council 
under this Act;  
(i) “rules” means the rules made by the State Government 
under this Act;  
(j) “Section” means a section of the Act; and  
 
  
 
 
                                                 
1 Substituted by Amendment Act No.15 of 2017, Sec 2. Earlier the words read as (d)“nurse” includes a general nurse 
in auxiliary nurse midwife and a health worker;  
 
  “(ja) 1
Establishment of the  
Council 
“State Council” means a Council, by whatever name called 
constituted  under the law of a State to regulate the registration of 
nurses, midwives, health visitors in the State”.  
 
3 The State Government may by notification in Official Gazette, 
establish a Council to be called the Meghalaya Nursing Council, 
which shall be a body corporate having perpetual succession and 
shall by the said name sue and be sued. 
 
Members of the 
Council 
4 1) The Council shall consist of the following persons nominated 
as members by the State government, namely:-  
 
(a) the Director of Health Services;  
(b) the Principal of the State Regional Training Institute 
(Family Welfare);  
(c) two medical doctors from Government hospitals not below 
the rank of a District Medical and Health Officer of whom 
one should possess a specialisation or experience in 
obstetric or gynaecology;  
(d) two medical doctors from non-Government hospitals;  
(e) 2“the Deputy Director Nursing Assistant Director Nursing 
of Director of Health Services (MI)
(f) 
”;  
3“two Nursing Superintendent  and two Matron one each 
from Government and Non-Government Hospital
(g) 
”;  
4“two principal, one each from Government and non-
Government hospitals; and
(h) the President of the Trained Nurses Association of India, 
Meghalaya Branch. 
” 
  
2) The nomination of members under sub-section (1) shall be in 
as far as possible a manner as may by rules be prescribed. 
  
3) The names of the members shall be notified in the Official 
Gazette and their team of office shall be three years from the 
date the notification is published in the Official Gazette and 
subject to the provisions of the rules, the members shall be 
eligible for renomination.  
 
4) In the event of any vacancy in the Council due to death, 
resignation or otherwise of a member, another person shall be 
nominated in his place and such person shall hold office for the 
remaining period of the term. 
 
                                                 
1Inserted by Amendment Act No. 15 of 2017, Sec 2 (ii). 
2Substituted by Amendment Act No. 15 of 2017 Sec 3. Earlier the word read as (e)  the State Nursing Superintendent 
and the Assistant State Nursing Superintendent in the Directorate of Health Services;  
3Substituted by Amendment A ct No. 15 of 2017 Sec 3. Earlier the word read as ( f) two Matrons, one each from 
Government and non-Government hospitals;  
4Substituted by Amendment A ct No. 15 of 2017 Sec 3. Earlier the word read as ( g) two principal tutors, one each 
from Government and non-Government Schools of Nursing; and  
 
  5) No act or proceedings of the Council shall be invalid merely on 
the ground of their existence of any vacancy in or any defect in 
the act of the Council. 
 
President ship of the  
Council 
5 The Director of Health Services shall be the President of the  
first Council established immediately after the commencement 
of his Act and for subsequent Councils the members shall elect 
its President from amongst themselves. 
Appointment of a 
Register & Staff of 
the Council 
6 (1) The State Government may appoint a person to be the  
Registrar of the Council and his terms and conditions of 
appointment as such Registrar shall be as may by rules be 
prescribed.  
 
(2) The Council may appoint other officers and staff on terms 
and conditions as may by regulations be prescribed. 
Meeting of the 
Council 
7 (1) A meeting of the Council shall be presided over by the 
President and during his absence by a member elected from 
amongst those present. 
(2) All question arising at a meeting of the Council shall be 
decided by the vote of the majority of the members present and 
voting; 
       Provided that the President or member presiding shall not 
vote in the first instance but only in case of a tie. 
(3) The quorum for any meeting of the Council shall be of six 
members. 
Functions of the 
Council 
8 Without derogation to any other law for the time being in 
force, the functions of the Council shall be to:- 
(a) Registers persons qualified to practice as nurses and to 
grant certificates of registration; 
(b) Recognize schools of nurses in the State; 
(c) Hold and conduct examination of student nurses and grant 
certificates; 
(d) Arrange periodical inspection of schools of nurses; and 
(e) Tender advice  on training and maintenance of standard by 
the schools of nursing and generally on any matter pertaining 
to the nursing personnel and their profession. 
 
Maintenance of a 
Register and 
Publication of 
extracts 
9 (1) The Council shall maintain a register in the form manner as 
may by regulations be prescribed in which names of persons 
eligible to be registered as nurses under this Act are entered. 
(2) The register shall, from time to time be updated by making 
corrections and changes in the address, qualification, 
classification and appointment of the nurses and such other 
particulars as may be necessary. 
 
 
  
 
  (3) Extracts from the register relating to the names, addresses 
and other relevant particulars of the nurses shall be published 
in the Official Gazette once in every two years. 
 
Removal of 
fraudulent carries 
from the carries from 
the
 
10 An entry in the register which is subsequently found to be 
fraudulent shall be removed by order of the Council. 
         Provided that no such order shall be made unless the 
person effected has been given an opportunity to state his case 
in the matter. 
 
Bar, etc for 
Registration 
11 The Council may order bar, suspend or remove the registration 
of a person if- 
(a) He has been convicted by a court of law for any offence 
involving moral turpitude. 
(b) He has been guilty of misconduct, negligence of duty or 
lack of integrity or professional ethics; or 
(c) There are defects in his character which in the opinion of 
the Council may render the retention of its name in the 
register undesirable. 
 
        Provided that no action shall be taken on grounds  referred 
to in clauses  (b) and (c) of this section unless in enquiry at 
which an opportunity has been given to the  person concerned 
to state his case, has been made and the  Council by a majority 
of two -thirds of the members  present and voting decides that 
such action should be taken. 
 
Appeal  12 Any person aggrieved by order of the Council under section 11 
may within thi rty days from the date on which the notice has 
been ser ved on him, appeal to the State Government and its 
decision shall be final. 
 
Persons eligible for 
registration under this 
Act 
13 Subject to the provisions of this Act, rules and regulations  and 
any law in force, the following persons shall be  eligible for 
registration, namely- 
 
(a) A person already registered the Assam Nurses,  
‘Midwives’, ‘Health Visitors’ Registration Act, 1944, and 
which persons are residing and practicing as nurses in the 
State of Meghalaya immediately before the 
commencement of this Act; 
(b) Persons who have successfully undergone the course  of 
training in a school of nur sing recognised by the  Council; 
and 
 
 
 
 
  (c) Persons who have passed out from schools of nursing  of 
such other recognised institutions in other States in  India 
and who fulfil l the conditions as may, by  regulations, be 
prescribed. 
 
Bar to practice as 
Nurses 
14 No person shall practice and no hospital, dispensary,  Nurses 
nursing home or institution by whatever name called shall  
engage any person as a nurse unless such person has been  
registered with the Council under this Act. 
 
Penalty 15 Whoever practices or allows a person to practic e as a nurse  in 
contravenes of section 14 shall be punished with a fine  which 
may extend up to rupees two thousand and up to rupees two 
hundred for each day the offence continues after conviction. 
 
Power to inspect 
Hospitals, etc. 
16 The Council may authorize the Registrar or any member  to 
inspect any hospital, dispensary, nursing home or  school of 
nursing to ascertain that the persons working  therein as nurses 
are registered with the Council and, in the case of a school of 
nursing that it confirms to the  standards prescribed and the 
Registrar or member may call for records and other 
information from the authority  concerned and such authority 
shall supply all true and correct information in its possession. 
 
Derecognition of a 
school of Nursing 
17 (1) The Council may, for reasons to be recognised in  writing, 
derecognize a school of nursing if it is of the  opinion that 
the training standard in the school has  fallen short of the 
requirement, or that it is otherwise  no longer desirable to 
recognize it in public internet. 
(2) A person aggrieved by an order of derecognition under  
sub-section (1) may appeal to the State Government  within 
one month from the date the order is served on him and the 
decision of the State Government thereon shall be final. 
Protection of action 
taken in goon faith 
18 No suit or other legal proceedings shall lie against any taken in 
goon faith person for anything done or intended to be done in 
goon faith under this Act, rules or regulation. 
 
Ing cogces of 
offences. 
19 No Court shall take cognizance of any offence under this Act 
exception a complaint made by the Registrar. 
 
Members, etc to be 
public servants 
20 The members, the Registrar and other officers of the  Council 
shall be deemed t o be public servants within the meaning of 
section 21 of the Indian Penal Code. 
 
 
 
 
 
 
Power to make Rules 21 The State Government may make rules for carrying out  the 
purposes of this Act and such rules may provide for- 
(a) The manner contemplated in sub- section (2) of section 4 
for nomination of members; 
(b) The terms and conditions of appointment of a Registrar; 
(c) Fees payable for an appeal under section 12 or subsection 
(2) of section 17; and 
(d) Any other matter which is required to be prescribed by  
rules; 
 
Power to make  
regulations 
22 (1) The Council may with previous  approval of the State  
Government make regulations not inconsistent with  the 
provisions of the rules for the purpose of this Act  and such 
regulations may provide for. 
(a) The manner for convening meetings of the Council  and of 
transacting business and disposing of urgent matter; 
(b) The sitting fees and travelling expenses of the members; 
(c) The form of appli cation for registration and fees payable 
therefore; 
(d) The form of application and conditions under  which 
nurses of other States may be registered and  fees payable 
therefore; 
(e) The form in which the register shall be maintained  and 
extracts there from published; 
(f) The appointment of officers and employees of the  Council 
their pay and other conditions of service; 
(g) The conduct, practice and profess ional ethics for  the 
nurses and; 
(h) Any other matter which is required to be  prescribed by 
regulations; 
 
Laying of Rules &  
Regulations in the  
Legislature 
23 All rules and regulations made under section 21 and 22 shall as 
soon as may be after they are made be laid in the Legislature of 
the State of Meghalaya. 
 
Repeal of Assam Act 2  24 (1) The Assam Nurses, Midwives, Health Visitors Registration 
Act, 1944 is hereby repeated. 
(2) Notwithstanding each repeal any action under the Act  so 
repealed shall be deemed to have been tak en under  the 
corresponding provisions of this Act. 
 
 
 
 
 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT 
AMENDMENTS TO THE MEGHALAYA NURSING COUNCIL ACT, 1992  (ACT NO. 5 OF 1992) 
AMENDED AND UPDATED UPTO THE YEAR 2017 OF ACT NO 15. 

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