LexThe NAGALAND NURSING COUNCIL ACT, 2019
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Open in Lexace · Ask the AI about this actThe Nagaland Gazette 29, June, 2019
PART-V
NOTIFICATION
Dated Kohima, the I 6 June 2019.
No1AW/ACT/3-15/2019 The Naga-and Nursing Council Act, 2019 (Act No.4 of 2019) duly
assented by the Hon'bte Governor of Nagaland on 03/05/20.19 is published herewith for
general information.
Sd!-
IMTIAKtIM
Deputy Secretary to the Govt. of Nagaland.
AN
ACE
To provide for the establishment of a Nursing Council for the State of Nagaland for registration
of Nurses, Midwives, Lady Health Visitors, Auxiliary Nurse Midwives/ Female Health Workers
Registration of Nursing Institutions and to regulation their qualification with the Council and for matters Ancillary thereto.
Be it enacted by the Legislative Assembly of Nagaland state in the Sixty-ninth Year of the Republic of India and the Fifty furdt year of the Slate of Nagaland as follows:
THE NACALAND NURSING COUNCIL ACT 2019
SCHEDULE
THE NAGALAND NURSING COUNCIL ACT 2019
AnAct to provide for the establishment of Nursing education in the State and to regulate the
practice by NURSING practitioners and NURSING EDUCATION.
Be it enacted by the Legislative Assembly of Nagaland state in the Sixty-ninth Year of the
Republic of India and the Fifty fourth year of the State of Nagaland as follows:
11 The Nagaland Gazette, Part-V 29, June, 2019
THE NAGALAND NURSING COUNCIL ACT 2019
CHAPTER. 1
PRELIMINARY
I Short title,
Commencement
Extent and I) This Act may be called the Nagaland Nursing Council Act,
2019.
2) It shall extend to the whole of the state of Nagaland.
3) It shall come into force with effect from the date of their
publication in the official Gazette.
2. Definitions In this Act, unless the context otherwise requires:
a) "Act" means the Nagaland Nursing Council Act, 2019.
b) "Council" means the Nagaland Nursing Council constituted
under section 1
c) "Government" means the Government of Nagaland.
d) "RNRM" means Registered Nurse Registered Midwife.
e) "Nurse" means a person who possesses a certificate of RNRM
on successful completion of the prescribed course from a
recognized institution under section 16.
1) "Lily" (Lady Health. Visitor) means a person who successfully completes Auxiliary Nurse-Midwives/ Female
Health Worker course from a recognized institution under
section 16 and has under gone 6 months promotee course.
g) "Auxiliary Nurse-Midwife" or 'Female Health Worker" means
a person who possesses a certificate of Auxiliary Nurse-
Midwives or 'Female Health Worker from a recognized institution registered under Section 16; and have successfully completed two years training with a
minimum qualification of 10+2 or equivalent.
h) "Licensing Authority" means an officer authorized by the
Government to issue license under this Act
i) "Official Gazette" means the Nagaland Gazette.
j) "Prescribed' means prescribed by the rules and regulations
made under this Act.
k) "President" means the president of the Nursing Council.
1) "Register" means a register for Nurses, Lady Health Visitors,
Auxiliary Nurse Midwives/ Female Health Workers maintained
under section 16 of this Act and the word "Registered and
Registration" shall be constituted accordingly.
m) "Registrar" or Deputy Registrar means Registrar or the Deputy
Registrar referred to sub-section (1) of section 14.
Establishment and Powers of The State Government may. hr notification in the Official Gazette,
the Council establish a Council to be called the ' Nagaland Nursing
Council' for the purpose of carrying out the provisions of this
Act. The Nagaland NursinF, Council will be the statutory (legal)
body for maintenance of uniform and high standards of
nursing education in the State. The Council will grant
recognition of nursing qualification. registration to
nursing practitioners and monitor nursing practice in the State.
The Council shall be body incorporated and have perpetual
succession and a common Seal, with power to acquire hold and
dispose property, both movable and immovable if acquired only
with revenue generated by the Nursing Council subject to prior
approval of the Government and shall by the said name, sue and be
sued.
4. Constitution and 1) The State Government of Nagaland shall constitute the Council
Composition of Council consisting of the following members, namely:
a. One senior most Principal of College of Nursing.
b. One senior most Principal of Schools of Nursing.
c. One senior most Principal of ANM Training School.
d. One senior most Principal from Private College of
Nursing.
e. One senior most Principal from Private Schools of
Nursing.
f. One senior most Nursing Superintendent of District
Hospital,
g. One senior most LHV/ANM from State Health Units.
h. One senior most Nursing Officer of Private Hospital
nominated by the Principal Director of Health & Family
Welfare.
i. Joint Director Nursing. Ex-officio.
One senior most Nursing officer from the Directorate
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ii 'Regulatiotf' means the regulations made by the Council under
this Act.
a) "Rules" means the rules made by the State Government under
this Act
p) "Section" means a section of the Act.
q) inspector" means a nurse appointed by the Council.
CIi.IIF: R U
ESTABLISHMENT OF COUNCIL
13 The Nagaland Gazette, Part -V 29, June, 2019
7. Filling up of casual vacancies
6. Term of office and casual
vacancies
5. Election and Terms of the
President and Vice President
j. One senior most Nursing officer from the Directorate
of Health & Family Welfare.
k. One member nominated by the Trained Nurses'
Association of India, Nagaland Branch,
I. Director of Family Welfare.
m. One nominee from the Directorate of Technical
Education.
ii. Principal Director of Health & Family Welfare, ex-
officio.
o. One member of Nagaland Legislative Assembly to be
nominated by the Speaker of the Assembly.
p. One nominee from Law & Justice.
2) The name of every member nominated under sub-section (1)
shall be published by the Government of Nagaland Official
Gazette,
I) PRESIDENT AND VICE-PRESIDENT: At its first meeting,
the Council shall proceed to elect the President and Vice-
President from amongst the members thereof.
The members present shall elect from amongst themselves a
Chairperson for conducting the proceedings till the election of
the President is held. Names shall be proposed and seconded by
members at the meeting. Votes shall be taken by ballot, each
member present having one vote for the election of the President
and another one vote for the election of the Vice-President. In
case of a tie, the chairperson shall have the right of casting vote.
2) When any vacancy arises in the office of the President or the
Vice- President, the Council shall elect the President or the
Vice-President as the case may be. at the first meeting, called
after such vacancy.
3) The term of the President and the Vice-President shall be three
years. The same person shall not be eligible to hold the
office of the President for more than three years.
1) Subject to the provisions of Sections 7 and 8 and the
Rules made under this Act, the term of the nominated member
shall be of three years.
2) A nominated member shall be eligible for re-nomination
as the case may be, after the expiry of his or her term of Office.
3) The powers of the Council shall be exercised not
withstanding any vacancies in the number of its members fixed
under section 6.
If the President or the Vice-President or any member dies or resigns
his or her membership ceases as provided in section 8.The
vacancies shalt be filled by fresh nomination in the case of member
as provided by section 4 or by holding election in the case of the
President, or the Vice- President as provided in sub-section (1) of
section 5, as the case may be.
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The Nagaland Gazette, Part-V
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Provided that any person nominated or elected to fill a casual
vacancy shall hold office only so long as the member in whose
place the nomination or election is made would have held office.
8. Cessation of Council
Membership
A nominated or elected member of the. Council shall be deemed to
have vacated his or her seat, if:
1) He or She is absent without sufficient ground in the opinion of
the council of three consecutive meetings of the Council; and
2) He or She is absent out of India for a period exceeding six
months.
9. Leave of absence of Council
members
The Council may grant leave to any member to absent himself
or herself from the meetings of the Council for period not exceeding
six months.
10. Meeting of the Council and
constitution of Committee
1) The Council shall meet s ordinarily, at least once in every six
months for the transaction of its business, but the President
may, whenever he or she thinks fit shall upon a written
requisition of not less than seven members and on a date not
later than 21 days after the receipt of such requisition call an
extra ordinary meeting. Whenever it appears unnecessary to
the President to convene a meeting, he or she may instead of
convening a meeting, circulate a written proposition with the
reason for such proposition for the observation and vote of
the members of the Council.
2) The Council shall be empowered to regulate --
egnlate:
a. The mode of transaction of business provisions for a.
decision on emergent matters by Circulation of papers to
members, and for co-opting person(s) specially qualified
to advice on any particular matters before the Council
b. The time and place at which its meeting shall be held.
c. The issue of notices convening such meetings;
d. The conduct of business there-at;
e. The constitution of the committee, the delegation to such
committee, of any powers or duties of the Council under
this Act:
f The procedure of the transaction of business shall not be
transacted at any meeting Of the Council, unless a
quorum of two third members are present: and
g. All questions arising at any meeting of the Council
shall be decided by votes of majority of
the members present and voting or in any case of an
equality of vote by casting votes of the President to the
Council, or in his or her absence, of the member
presiding at the meeting.
3) Until such time as the regulations referred to in sub-section
(1) of section 36 have come into operation, it shall be lawful
for the President of the Council to summon a meeting at such
time and place, as appear expedient, by letter addressed to
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The Nagaland Gazette, Part-V 29, June, 2019
each member.
11. Committees 1) Executive Committee
2) Committee for protection of Nurses
3) Ethics Committee
4) Nursing Educational and Training Committee
5) Disciplinary Committee
6) Land and building Committee
7) Finance committee
12, Traveling expenses In accordance with the nles made in this regard, there shall he paid
to the members of the Council such fees or traveling expenses for
attendance at the meeting of the Council or for inspecting
institutions from time to time as may be allowed b the Council.
13. Budget of the Council 1) The income of the Council shailconsist of
a. Registration fees received from the practitioners
K Grants received from the Government, if any, and
e Donations and gifts or and other sums raised by the
Council
2) It shall be competent for the Council to incur expenditure for the
following purposes:, namely:
a. Salaries and allowances of the Registrar and the staff
maintained by the Council.
b. Fees and allowances paid to the members of the council
and of the Executive Commmee
c. Remuneration paid to the Assessors and
d. Such other expenses as are necessary for performing the
duties and discharin ' the functions under this Act.
14. Appointment & fimctions of
Registrar andior Deputy
Registrar Staff of the council,
I) With the previous approval of the State Govenuneni the
Council,
a. Shall appoint a full time nurse as the Registrar having
minimum qualification of BSc degree in nursing,
preference to post-graduates.
b. Shall appoint Deputy Registrar having minimum
qualification of B.Sc degree in nursing with 5 years
experience in administration and teaching. Post
Graduate qualification shall he given preferenccs
2) The pay and allowances payable to the Registrar, officers and
other employees of the Council shall be fixed by the
Council with the approval of the State Government.
3) The Council may, with the previous sanction of
the Government, suspend, dismiss or remove any person
appointed as the Registrar, or impose any other penalty upon
her/him in the manner as may be provided by the regulation.
4) The Council may appoint such other officers like
Consultant. Clerks and other staffs as it may consider
necessary for the purpose of this Act, and determine to
'a' them sala and allowances,
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The Registrar shall be the Secretary and the Executive Officer
of the Council. She shall attend all meetings of the Council and
shall keep minutes of the meeting and the names of the
members present and the proceedings of such meetings.
6) The Registrar shall act as treasurer to the Council-
7 The accounts of the Council shall be kept by the Registrar in the
manner as prescribed regulations.
8) The Registrar shall have supervisory power over the staff as
may be prescribed by the regulations and may perform such
other duties and discharge such other functions as may be
s' ifiedinthis'Act' ' -
I i l'ovr to Amend Schedule The Nagaland Nursing Council shall by notification, amend the
schedule so as to include therein any subject not already specified
therein or omit there any subject or modify the description of any
subject.
CHAPTER lii
PREPARATION & MAINTENANCE OF REGISTER
16. Maintenance of Registers
The Council shall maintain a Register of:
I) Nurses
2) Lady Health Visitors
3) Au.iliary Nurse Midwives'I Female Health Workers in such
forms containing such particulars and divided into such part
as may be prescribed.
17 Maintenance of Registers by
the Registrar
1) The Registrar shall maintain the registers in accordance
with the provisions of this Act and in accordance with any
orders made by the Council and shall from time to time update
and make all necessary alterations in the registered address
or appointments and III the classifications of the
registered Nurses. Lady Health Visitors, Atutiiiary Nurse
Midwives/ Female Health workers and erase the name of any
such Nurse, Lady Health Visitors, Auxiliary Nurse Midwife
/Female Health Workers who is dead or has ceased to practice.
2) To enable the Registrar to fulfill the duties imposed upon
himilter by sub-section (I) he or she may send notice to any
person registered according to his or her registered address or
appointment as has been changed, and if no reply to any such
notice is received within a period of six months from the date of
its dispatch. the Registrar maijrase the name of such person
17 The Nagaland Gazette, Part-V 29, June, 2019
from the Register in which it's entered.
Provided that any name erased under sub-section (2) may be re-
entered in the Register under the direction of the Council.
3) The candidate applying for registration should enclose
Provisional Certificate, two copies of passport size photographs
with uniform in his or her application duly countersigned by the
Head of the Institution from where he or she was trained, One
copy of photograph will be affixed on the certificate, and other
copy in the register itself, in case of applying for duplicate copy
of the Certificate, the applicant will have to send his or her
photographs again, without which no duplicate copy will be
issued.
18. Remark in the Register on
notice of death
On receipt or the Death Certificate from prescribed authority, the
Council shall mark the deceased person as "Death" in the remark
column of the Re ister in which his or her name is entered.
I. Removal of fraudulent and
incorrect entries in the
Re lister
If the Council is satisfied that any entry in the Register has
been fraudulently or incorrectly made the same may be erased under
the order of the Council. There shall be • enalt to Re !isrrar,
20. Persons entitled
registration under this Act
for I) Nurses, Lady Health Visitors and Auxiliary Nurse Midwives/
Female Health Workers who have undergone the course of
training as prescribed by the Indian Nursing Council from a
recognized training Institution, and passed the examination
and fulfilled such further conditions as may be prescribed.
2) A person already registered under the Assam Nurses'
Midwives' & Health Visitors' Council Registration Act,
1944 and which person are residing and practicing as a nurse
in the state of Nagaland immediately before the commencement
of this Act.
21. Admission to Register of
persons trained outside
Nagaland state
On receipt of an application in the prescribed form and on
payment of such fee, not being less than the fee payable on
ordinary application for registration under this Act as the Council
may determine, any person shall he entitled to be registered under
this Act, provided to the satisfaction of the Council that he or she
has been registered either as Nurse, Lady Health Visitor .Auxiliary
Nurse Midwives / Female Health Worker established under the
said Act or provision is not lower than the standard of the training
and examination required under this Act.
22. Bar and removal
Registration and re-entry of
of The Council may by order bar, suspend or remove the registration
of a Nurse. Lady Health Visitor, Auxiliary Nurse Midwife?
Female Health Worker on any of the following grounds:
1) That he or she has been sentenced by any Court of law, for any
non-bailable offence or sentence not having been subsequently
reserved or quashed;
2) That he or she has been convicted by a Court of law of any
offence involving moral turpitude;
3) That he or she has been guilty of professional misconduct,
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professional incompetence, negligence of duty, or lack of
integrity or professional ethics: or issuing of fraudulent
documents( certificates.
4) Provided that no action shall be taken on the grounds referred to
clauses (h) and (c) above of this section unless an enquiry in
which an opportunity has been given to the person concerned to
stare his or her 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.
5) rhi any name so removed may afterwards be re-entered in the
Register and any order of refusal of registration passed wider
sub-section Ii) may be withdrawn under the direction of the
Council given by majority of t o-thirds of the members present
and votin' at the meetIn.
23. Registration under this Act
not to qualify as Medical
Practitioner
The registration under this Act shall not confer upon any
person the right to assume any title, name or designation
implying that he or she is by law , recognized as a Medical
Practitioner, or that he or she is authorized to grant any Medical
Certificate.
24. Institution for training Nurses,
Lady Health Visitors.
Auxiliary Nurse Midwives /
Female Health Workers to be
recognized by the Council
1) The Institution which are approved and recognized by the
Council after inspection by its President or any member
appointed by the President shall be competent to train Nurses,
Lady Health Visitors. Auxiliary Nurse Midwives i Female
Health Workers and to send them for examination for the
qualifying certificates of the Council.
2) All the recognized institutions shall be inspected by the
President of the council or any member appointed by the
President at least once in two years conforming to Indian
Nursin Council ruidelines.
25. Power to inspect Hospitals.
Nursing Colleges and
Training institutions. etc
The Council may authorize the Registrar or any member to
inspect any Hospital, Health institution, Nursing honns, college of
Nursing or School of Nursing to ascertain that the persons working
therein as Nurse are registered with the Council and, in the case
of a School of Nursing, Auxiliary Nurse Midwife Training
Centre etc. that it conforms to the standards prescribed and the
Registrar may call for records and other information from the
authority concerned and such authority shall supply all true and
correct information in its possession. This rule will be in
conformation with Indian Nursing Council.
26. Withdrawal of recognition
from institution and any
School /College of Nursing
1) Whenever the Council on receipt of an adverse report, is of
opinion that an enquiry, should be made as to the desirability of
withdrawing recognition from a particular institution, it shall
depute its President and a member for further
inspection on such terms as it thinks fit and at the same time call
upon the Institution with Indian Nursing Council
conformation to show cause as to why its recognition should not
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29, June, 2019
be withdrawn. The Council, after consideration of the report
so received and of the explanation, if any, by the.
Institution, may withdraw the recognition.. The order of such
withdrawal shall be in writing and served in-the prescribed
manner.
2) The council may, for reason to be recorded in writing, de-
recognize a College of Nursing, School of Nursing. and Female
Health Worker Training School if it is of the opinion that the
training standards has fallen short of the requirement, or that it
is otherwise no longer desirable to recognize it in public
interest
27. Appeal Any person or Institution aggrieved by an order of Council under
section 22 or section 26 may appeal to the Government within
thirty days from the date of such order and the decision of the
Government on the a cal shall be final.
25, Prohibition of issue of
Certificate and entry of names
by any institution
No Hospital, College of Nursing, School of Nursing and
Female Health Worker Training School which has not been
approved of recognized under sub-section (1) of section 24 shall
issue to any person a Certificate or enter the name of any person on
a list of register or other documents purporting to show that such
person is qualified by having passed an; examination or undergone
any course of training to practice as Nurse. Lady Health Visitors,
Auxiliary Nurse Midwife / Female Health Workers unless such
person has been registered under this Act.
29. Disabilities
person
of unregistered Afler the expiration of 12 (twelve) months from the
commencement of this Act, no Government or private Health
Institution, Hospital, Dispensary, inflimary or lying in Hospital
shall employ any category of Nurse, Lady Health Visitor,
Auxiliary Nurse Midwives/ Female Health Workers unless
he or she is registered under this Act.
30. Penalty for unregistered
person
Any person who practices or allows a person to practice as a
Nurse. Lady Health Visitor, Female Health Worker! Auxiliary
Nurse Midwife in contravention of section 29 shall be punished
with imprisonment which may extend up to 2 years and liable 10 a
fine or both.
31. Penalty for dishonest use of
certificate
Any person (S) who:
I) Dishonestly makes use of any Certificate of registration issued
under the provisions of this Act to him or her or any other
person; or
2) Procures or attempt to procure registration under provisions of
this Act by making or producing causing to be made or
produced any false or fraudulent declaration, or certificate or
representation whether in writing or otherwise; or
3) Willfully makes or causes to make any false representation in
any matter relating to the registration of Certificates issued
under the provisions of this Act: or
29, June, 2019 The Nagaland Gazette, Part-V 20
4 Being the Secretary, Manager or other Officer of 'a Hospital.
School or other Institution issues or authorizes the issue of a
certificate to any person or enters, or authorizes entry of the
name of such person in contravention of section 28 shall be
punished with imprisonment which may extend up to 7 years
and liable to a fine or both.
32. Penally for unlawful Any person who not being a Nurse. Lady Health Visitor. Auxiliary
assumption of a title Nurse Midwife Female Health -Worker registered wider ihisAct,
assumes or uses the name or tule of Registered Nurse. Lady
Health Visitor, Auxiliary Nurse Midwives / Female Health Worker
or uses any name, title, addition, description or signboard implying
that such person is a Registered Nurse, Lady Health Visitor,
Auxiliary Nurse Midwtfe Female Health Worker as the case
may be, shall be punished with imprisonment which may extend up
to2 years and table toa fine orboth.
13.Publication and use of Annual I) The Registrar shall, in every live sears on or oerore i UdtV LU
list of registered Nurses. Lady be fixed in this behalf by the Council cause to be printed and
Health Visitors, Auxiliary published correct list of the names for the time being entered
Nurse Midwives! Female in several parts of the Registers of Registered Nurses,
Health Workers Lady Health Visitors, Auxiliary Nurse Midwives / Female
Health Workers setting forth
All the names entered in several parts of the respective
Registers arranged in alphabetical order according to
surnames.
The registered address or appointment of each person
whose name is so entered in the registers; and
The registered qualification of each, such person and the
date on which such qualification was certified.
2) Every Court shall presume that any person whose name is
entered in the latest such list is duly registered under this Act,
and that any person whose name is not so entered is not
registered under this Act.
Provided that in the case of any person whose name does
not appear in such printed lists, has a certified copy, signed
by the Registrar of the entry of the name of such person in a
Register of Nurses. Lady Health Visitors , Auxiliary Nurse
Midwives 1 Female Health Workers shall be evidence that
such person is registered under this Act.
Provided further that a certificate purporting to be signed
by the Registrar stating that the name of a person on the
printed Register of Nurses, Lady Health Visitors, Auxiliary
Nurse Midwives / Female Health Workers or, as the case may
be, has been removed from such Register specifying the date
of such removal be evidence that such person is not registered
under this Act and of the date from which he or she ceased to
be so registered.
a.
b.
C.
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29, June, 2019
34 Court competent to try
offences under this Act.
No Court of law lower than of a Magistrate of First Class shall
in any offences under this Act.
35. Cognizance of offence No Magistrate shall take cognizance of any offence punishable
under this Act except upon complain made by the Council.
36. Power to make rules, duties &•
functions of the Council.
I) The State Government may by notification in the Official
Gazette make rules to carry out all or any of the purposes of
this Act.
2) In particular and without prejudice to the generally of the
foregoing powers such rules may provide for all or any
of the following matters, namely
a. Prescription of the period of less than 3 years for which
a member of the Council may hold office under section 6
b. Prescription of the manner in which nomination and
election of President and Vice-President shall be made
and casual vacancies shall he filled under sections 5 and
7:
c. Prescription of the form in which a Register shall be
kept, the particulars to be entered in such Register, and
the parts in which such Register shall be divided wider
section 16;
d. Prescription of the manner in which an order of removal
or refusal shall be served on persons under section 22:
e. Prescription of the fees payable in respect of an appeal
under section 27; and
f, Any matter which is to be or may be prescribed.
3) To maintain the live register and to provide for the
registration of all categories in section 16.
4) To prescribe a code of ethics for regulating the professional
conduct of practitioners.
5) Lends advice to the State Government on matters relating to
the Nursing education and practice in Nursing.
.6) To provide protection to its members in discharging
professional duties.
7) To ensure that no unqualified person practices modem
scientific system of Nursin.
37, Power of the council to make
regulations
The Council may make regulations not inconsistent with this Act
or the rules made there under.
I) regulating the compilation, maintenance and publication of
the Register and the conditions of admission to the Register;
2) prescribing the fees payable on application for registration,
the forms in which such applications shall be made and the
conditions subject to which names shall be entered in the
Register
3) prescribing and regulating the examination which must be
passed as a condition of matter ancillary to or connected with
such examination, including the courses of training which the
The Nagaland Gazette, Part-V 29, June, 2019
22
- Ptes appearin f or examination shall undergo;
4) prescribing the cause for which, the conditions, under which
and the manner in which the names. of Nurses, Lady Health
Visitors, Auxiliary Nurse Midwives) Female Health Workers,
may be removed or re-entered in the Register under section
S) for the approval of any Institution for the purpose of such
training and the granting of certificates to candidates passing
examination.
6) rulating the conditions under which Institutions for nursin eg g
the sick, maternity and child welfare may be approved and
recognized by the Council
7) appointing a Registrar and such other servants as may be
necessary;
8) regulating the pay, pension, conduct and other conditions of
services of persons;
9) regulating and supervising the practice of their profession by
I the registered Nurses, Lady Health Visitors, Auxiliary Nurse
Midwives / Female Health Workers:
lQ)regulating the publication of the names registered under
Nurses, Lady Health Visitors, Auxiliary Nurse Midwives
Female Health workers and their residences:
ii) regulating the condition under which such Nurses, Lady
Health Visitors, Auxiliary Nurse Midwives / Female Health
\Vorkers registered in other States in India or in any
Countries other than India may be admitted to the Register,
on such other State and Countries granting reciprocal
registration to persons registered on the Register of the
Council;
12) determining the manner in which all fees levied under this
Act and money received by the Council shall be accounted
for, audited and applied for the purpose of ibis Act, and for
regulating the expenditure of the Council generally: and
13) generally for the provision of any matters in respect of which
the Council considers necessary provision shall be made for
the purpose of this Act;
14) all the regulations made under this section shall be published
in the Official Gazette after approval by the State
Government.
15) for the. conduct practice and professional ethics for the
Nurses, Lady Health Visitors, Auxiliary Nurse Midwives /
Female Health Workers; and any other matter which is
required to be prescribed by regulations, for purposes of this
Act.
38. Protection of persons acting No Suit or other legal proceedings shall be instituted against and
onood faith under the Act person for anything done or intended, to be done in good faith
23 The Nagaland Gazette, Part -V 29, June, 2019
under this Act, ndes or ieulations made there-under.
Rules and Regulations
Every person appointed under sub-section (1) (a) and (b) of
section 14 shall be deemed to be a public servant within the
meaning of section 23 of the Indian penal code, 1860 (4$ of
1960).
39. Certain persons to be public
servaits
40. Repeal and savings.
I) The Assani Nurses' Midwives and Health Visitors' Council
Registraiion Act. 1044, in so far as it applies in Nagaland is
hereby repealed.
2) Notwithstanding such repeal, anything done or any action
taken under the Act so repealed shalt be deemed to have
been done or taken, under the provisions of this Act.
I HIMATO ZH1MOM1 , LAS
Principal Secretary to Govcrnmnt of Nazil;rnd
The Nagaland Gazette, Part-V 24
29, June, 2019
THE NAGALAt) URS1C COUNCIL RULES 2019
PRELIMINARY
I. Short title and commencement These rules may be called the Nagaland Nursing Council Rules,
2019 and shall come into force with immediate cifeci
2. Definitions.- In these rules, unless the context otherwise requires,-
a. 'Ac(' means the Nagaland Nursing Council Act, 2019 (Nagaland Act No:...4. of 2019
b "Form" means a form appended to these rules;
C. Words and expressions not defined in these rules but defined in the Act shall have the same
meanings assigned to them in the Act.
REGLsTRArION
i. Grant of Registration- Any person who possesses the qualification and wishes to practice in
modem scientific system of nursing in Nagaland. apply for registration in the live register of the
council by applying to the registrar in form I. along with copies of photographs and prescribed fees.
The Registrar shall consider the application in form 2 which shall be valid for a period of five years
from the date of registration.
4. Preparation of register ;-
a. The register of Nursing practitioners for Nagaland refeued to in of section 16 of the Act shall be
as in Appendix A.
b.
The Registrar shall publish a notice in the Official Gazette and in such newspapers as the
Council may select about the register having been prepared and the register shall come into force
from the date of the publication of such notice in the Official Gazette. The Registrar shall
publish.annuallY on or before a date to be decided by the Executive Committee, an addendum
and corrigendum to the lost published. After the publication of the name in the register, the last
edition of that alone shall be the legal evidence of registration.
5. Additional quill Persons registered with the council are entitled to apply for entering
additional qualifications acquired by them as specified in the Scheduled in form 4, on the council's
register on payment of the fee prescribed by the Council After scrutiny of the application for
additional qualification (s) a new registration certificate shall be issued incorporating the additional
qualification (s) in lieu of the original certificate of registration in Form 2 returned by the applicant.
The period of validity of the certificate shall remain as in the original certificate with a mention of
date incorporating the additional qualification (s).
6. Renewal of registration.- The registration certificate can be renewed by the Council on receipt of
application in Form 3 along with the fee prescribed for renewal of registration. The registrar shall
consider the application and if found fit, shall renew the registration.
7.
Restoration of registration.- an submission of application in Form (5) by the practitioner the
Executive committee of the Council may consider a case of restoration of registration of a person
25 The Nagaland Gazette, Part-V 29, June, 2019
whose name has been struck off the regkicr and may direct the registrar to re-enter the name of the
practitioner in the register on pavmeiuof the prescribed fees.
8. Change of Address.- Every tegistered practitioner shall send to the Registrar immediate notice of
any change in his her address in order that btsher correct address may be duly erased from the
register.
ELECTIONS
9. Returning Officer.- The k istrar or Deputy Registrar shall he the Returning Officer for conduct of
any election uPder the pio isions of the Act The Returning Officer shall infonu the Government
about the consutution of a ne council and he shall notif in the Official Gazette and two
newspapers published from Nagaland. at least. Sixty days prior to the expir\ of the tenure of the
existing Council and about the proposed scheduled of electtons
10. Constitution of new council,- The following procedures shall be followed for purpose of
constiniting the new cotincd, namely'.
a. The Returning Officer hail intimate to the DeaniPrincipalOirector of every SchootiNursing
college ciabhshed fr: L in Nagaland having a pursing faculty to elect one member from each
Nu:imi olk'e intwuon by the Nursin faculty thereof from amongst the permanent members
of the teachig fa h' Fl election shall be conducted and completed by the zespeclive
collegeinsuiution within thirty days and the name of the elected members shall be intimated to
the returning officer.
b. The Remmng Office, shall intimate to the Nagaland Nursing Council regarding the election of
one member from amongst its niembers to be elected to the council. The election of such
members shall be conducted and completed by the said association, within thirty days and the
name of the elected ntnibers shall be intimated to the returning Officer.
c The Returning 'dicer shall conduct the election and be elected by registered practitioners from
amongst themselves. I he election shall be conducted by secrCt ballot paper.
d. The electo;al rolls for Vie election shall comprise all registered practitioners registered with the
council as (tt the date of itetficiu. -, of the election. A hard copy of the electoral rolls giving the
name. iegistration iumher and address of the registered practitioners shall be supplied to
contesting candidates on raytnent of one thousand rupees to the council
11. Stages of election.-
1) The returning officer shall fix the following stages of election, namely.
a. Noification of eketien;
b. Last date of receipt v.F nomination papers;
c. Date nfrutiii of ilatilijidtion papers:
d. Last date of iththawal of candidature;
e. Polling of votes:
f. Counting of votes:
21 The election process shall be completed by the Returning Officet within forty-five days from the
date of notifleatioti of elections
29, June, 2019 The Nagaland Gazette, Part-V 26
12, Nomination of Candidates: Every registered practili011ef whose name appears in the electoral rolls
shall qualify for filling his nomination paper subject to fulfilling eligibility conditions laid down in
the Act, The nomination shall be in form 10. Every nomination paper duly completed and signed by
the proposer and the seconded and subscribed by the candidate himself as consenting to the
nomination shall be delivered to the returning officer on or before the date appointed for receipt of
nomination papers. Nomination papers received after the time so fixed shall be summarily paper
record thereon the date and time of its receipt by him. Only registered practitioners registered with
the council, whose name appears in the electoral roll, can be nominee, proposer and seconded. There
shall be a non-refundable fee of one thousand rupees for each nomination payable by the candidate
through a bank draft favoring "Nagaland Nursing Council" along with the nomination paper. This
fee may be revised by the Government front time to time.
13. Scrutiny of nomination papers- On the date and time appointed lot scrutiny of nomination papers,
the candidates and his proposer and seconded may attend the proceedings at the appointed time and
place. The Returning Officer shall examine the nomination papers and completes the scrutiny. On
completion of the scrutiny of the nominations and after the expuy of the period within which a
candidate may withdraw his candidature, the returning officer shall forthwith under his signature
place on the notice board at the office of the council a list of the contesting candidates.
14. Polling- if the number of contesting candidates does not exceed the number of vacancies to be filled
in, the returning officer shall fonhwith declare such candidates as duly elected to fill such vacancies
without any polling and report the names of such candidates to the government. When there are
more contesting candidates then the existing vacancies, the election shall be conducted within the
stipulated time. The Returning Officer shall arrange for pollin by printing of ballot papers with the
names of the contesting candidates entered in alphabetical order. The vuter shall produce proof of
identity and residence at the time of polling The identity proof may be in the form of registration
certificate issued front the council, passport and electoral card. driving license or any other photo
identity card issued by the government.
15. Custody of ballot papers- The ballot boxes shall be kept in a safe custody of the Returning officer
and shall not be opened till counting of votes begins.
16. Counting of voles and declaration of result of elections,- The scrutiny and counting of votes shall
be undertaken by the Returning Officer at the time, day and place appointed A candidate and not
more than one representative, duly authorized by bun, may remain present at the time of counting of
votes. After the counting of votes is completed the Returning Officer shall forthwith declare the
result of election. if there are an equal number of votes in favor of two or more candidates for one
vacancy, the election shall be determined by the Returning Officer by draw of lots in the presence of
the candidates or their representatives. The Returning Officer shall communicate the result of the
election to the Government who shall notify the constitution of the new council. After the
declaration of the result, the Returning Officer shall seal the ballot papers and all other documents
relating to the election and shall retain in the same with himself in safe custody for a period of six
months and thereafter cause them to be destroyed.
17. Election of President and Vice-Presideflt,- As soon as possible as and not later than fifteen days
after the constitution of the new council the members shall elect the successor President and Vice-
27 The Nagaland Gazette, Part-V 29, June, 2019
President of the council from among themselves in a meeting of the council. This meeting shall be
convened and conducted by the Registrar. The election of President and Vice-President shall be by a
majority of votes of the members present.
CONDUCT OF BUSIESSOFTHE COUNCIL
18. Power to appoint Committees/Sub-Committees- The council may appoint committee/sub
committee to carry out the functions of the council.
19. Calling of meetings- The council shall meet on such date, time and place as may be fixed by the
President, The. President may, whenever he thinks fit or upon a written requisition of not less than
two third members call an extraordinary meeting. The President and the Registrar shall discuss and
decide the agenda for the meeting
20. Notice for calling at meeting. Al] members of the council shall be given thirty clear days notice for
an ordinary meeting and ten clear days notice for an extra ordinary meeting. Every notice shall also
be passed at the office of the council. Such notice shall specify the date, time, place and agenda of
the meeting. The Registrar shall send to all members a copy of the notice..
21. Motions for insertions in agenda- Any member may send a motion to be included in the agenda for
an ordinary meeting so as tO Teach the Registrar twenty clear days before the date fixed for such
meeting and seven clear dan in case of extra ordinary meetings. The president and the Registrar
shall discuss and decide whether or not to include such mtionJmotion in the agenda, and where any
motion is disallowed, the reason for doing so shall also be communicated along with the agenda to
the member who send the motion.
22. Attendance of the meeting. At each meeting, an attendance register shall be placed in the meeting
room and every member present shall sign against his nameExcerpt shown. Open the full act in Lexace.