LexThe Tamil Nadu Nurses and Midwives Act, 1926
Tamil Nadu · state statute
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The Tamil Nadu Nurses and Midwives Act, 1926
Act 3 of 1926
Keyword(s):
Council, Dhai, Nurse, Register
Amendment appended: 26 of 1960
-
--- --.- A ..A A "a*
,.>*"y->S 3.7 " &pT$;& *iC ;":y. F-
.. , .
1 1926 : T.N. Act rlfl Nurses mrd ~idwivd- 203
THE TAMIL NADU NURSES AND MID-
WIVES ACT, 1926. P
TABLE OF CONTENTS. ' ,$
7 2
PREAMBLE.
?'
SECTIONS : d
1. Short title ; extent ; commencement. 1
2. Detiritions,
I
3, Constitution of the Council and the term of t
oace of members.
4. Effect of failure to attend m2etings of the Council.
5. Registration of nurses, midwives, health visi-
tors and auxiliary nurse-midwives.
5-A. Ku-ses and midwives registered under Tra- i
vancore-Cochin Act X of 1953 deemed to be regis-
rwed ucdx this Act. . 8 ..
6. Registration of dhais.
7. Rcmoval and restoration of namzs.
7-A. Sprcial provision for amding th:: register
I
ef nurses, register of midwives and register of dhais.
I
8. Appeal from Cnllt,cil to Tribunal. I
9. Appzal to the State Government against reh~sal
by the Couilcil to approve training institution or person.
10. Disabilities of unregistered persons.
11. Rules by the State Governmznt. I
12. By-laws by the Council.
12-A. Prchibition of ur.authorizrd ccnfc: zrcn t.
13. Penalty for dichcnest uce cf cc:tlicz le fcr
procuring regi~traticn by falsr means 2r.d fcr faIsifi-
cation of register or ce~tificate.
14. Penalty for posing as registered nurse, midwife
or dhai by a person who is not such.
15. Magistrates empowered to try offences u~der
tiis Act.
I.
'[TAMIL lPADUl ACI' No. III OF 1926'.
[THE '(TAMIL NADU) NURSES AND MIDWIVES ACT, 1926.1
(Received the assent of the Governor on the 7th May
1926, and rhat of the Govemor-General on the 9th
June 1926 ; the arse~~t of rhe Governor-General was
first published in ?/re Fort St. George Gazette of
the 29th Arne 1926.)
a[An Act to pron'de for the registration of nurses,
midwives, health visitors, auxiliary nnrse-midwives and
dhais in the '[State of Tamil Nadu].
Short title.
WHEREAS it is expedient to provide for the registra-
tion of nurses, midwives, health visitors, auxi1iar:q
nurse-midwives anddhais in the '[State ofTamil Nadu];
It is hereby enacted as follows :-j
1. (1) This Act may be called the l[Tamil Nadu'/
N~rrses and Midwives Act, 1926.
-- --
1 The words were substituted for the word '* MadrasH by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by th
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969, which came into force on the 14th January 1969.
+ *For Statement of Objects and Reasons, see Part IV of the Fort st.
George Gazette, dated the 15th July 1924, pages 123-124 ; for Report
of the Select Committee, see Proceedings of the Madras Legislative
Council, Volume XXIX, pages 920-932 ; for Proceedings in Council,
.Tee ibid, Volume XIX, Pages 494-497, Volume m, page 257,
Volume XXVII, pages 512-528, and Vclume XXlX, pages 890-902.
The Act came into force on the 14th February 1928.
The Act was extended to the merged State of Pudukkottai by
section 3 of, and the First Schedule to, the Tamil Nadu Merged Stabs
(Laws) Act, 1949 (Tamil Nadu,Act XXXV of 1949).
his Act, as was in force immediately before the date of the corn-
mencement of the Tamil Nadu Nurses and Midwives (Amendmanc)
~ct, 1960 Famil Nadu Act 26 of 1960), and as amended by the said
~ct, was extended to the Kanyakumari district and the She~lcottnh
taluk of theTirunelveli district by section 15 of the said Act.
r This long title and preamble were substituted for the original
long title of, and the preamble to, the Tamil Nadu Act nI of 1926
by mion 2 of the Tamil Nadu Nurses and Midwives (Amendment)
~ct, 1960 (Tamil Nadu Act 26 of 1960).
he axpression u State of
of Lam Order, 1969, as
of Laws (Second Amend*
on tho 14th January 1969-
\
i%6 : Ta. Act 'rjtt] Nwses &d hfidwivei %
I . . (2) It shall extend to the whole of tho '[State of ExtsBt* 1 I' @ &
Tamil Nadu]. - 1 fip
if$ 11 At
i3 t It shall come into force on sach date as the C- I ;
'[State Government] may, by notihation, appoint, 1 !$:
6
2. In this Act, unless there is anything repug- Defiaitim,
rL .i nant in the subject or context- ?
(a) Council ' means ' th& '[Tamil Nadue Nurses EI
and Midwives Council] established under this Act '. i
i (b) ' Dhai ' means ' an u41ltrained woman prac-
tising the profession of midwifay '.
(c) ' Nurse ' includes a male nurse.
1
(d) Prescribed ' means ' prescribed by rules
or by-laws made under this Act '. I !
'[(e) ' Register ' means a register maintained
under this Act and ' registered ' means registered or
deemed to be registe~ed under this Act,]
'The words " State of Madras" were substituted for the words
"Presidency of Madras" by :-,cr;on 3 of the Tamil Nadu Nurses
and Midwives (Anydment) Act, 1960 (Tamil Nadu Act 26 of 1960);
and t+ exqysion State of Tamil Nadu " was substituted fpr the
expresston State of Madl'as '* by the Tamil Nadu Adaptat~on of
Laws Or&r, 1969, as amended by the Tamil Nadu Adaptation of
Laws (Second Amandment) Order, 1969, which came into force on
the 14th January 1969.
1 The words " Provincial Government " wore substituted for the
words " Local Government" by the qiaptation Order of 1937 and
the word " State " was substituted for Provincial " by the Adapta-
tion Odor of 1950.
TI.& axprpion was substituted for the expression " Madras Nurses oad Mdwivos Council by paragraph 4 of, and the Schafuls
to, tbe Tamil Nadu Adapiation of Law8 Order, 1970.
4 This clausd was substitutd for oriuind claw (c) by section 4
af tho Tamil Nadu Nurses and Mtdwves (Amendment) Act, 1960
amil Nadu Act 26 of 1960). I
O[(a) the Director of Medical Services ;
/. . ,
(b) three officers of tbe Public Health Depart-
ment of Governtn:nt, nom'nnied by ths State
Govertment, of ~llcrn one rhall bc a 11urse ;]
'[(bh) an officer of the Medical Department of
Government, ncminated by !he "State Gover~:m$nt];
'[(c)] tbe '[Dean] of the General Hospital,
hiadras ;
'[(d)] the Supcrinferdwt of the Government
Hospital fo~ Women and Ch~ldren, Madras;
--.
1 'This exptession was substitutcc! for thc cxprcssicn " Madra
Nunes and Midwives Council " by pmgrapl14 of, and th.- SchedJe
to, theTsmil Nndu Adaptation of Laws Order, 1970.
The words "S1:ttc of Madras " werc substituted for the wor&
" Pre51dericy or Madras" by scction 5 fi) of tllc 7'; nlil h'adu Nursa
an3 klid .vives (Amcntlmenl) Act, IYiO ('l':.mil Nadu Act 26 of 1960);
and the expression " Stale of Tiimil N;.du " woc substituted for the
expresr;on "-Sti~tc of Madcas " by the Tnniil N:!du Adap:ation of
Laws O:~ler, 1969, its anlendcd by the Tarnil Nad~r Adjptation of
Laws (Second AtilcndtnenO Ordcr, 1969, wiiirh cnnic into for=
on the 14th J'r~luary 1969.
8 Thxc clauscs wcrc substituted for clnuscs (ii) and (b) by section
5 (ii) of the 'Tan~il Nadu Nurses and Midwives (Anlc~ldment)~~t,
1960 (Tamil Nadu Act 26 of 1960).
a This clausc was insertcd after clause (b) of sub-section (I) of
3 by section 2 of the Madr:~s Nurse5 and Midwives (Amend.
mel~t) Act. I942 (Madras.Act XXlll of 1942), re-cnncted pc-nently
by scction 2 of, and the Flrst Schcdult: to, theTamil Nadu Re-enactiq
and Repcalit~g (No. 1) Act, 1948 (Tamil Nadu Act V11 of194g).
b This word was subqtituted for the word "Provincial" by Adaptation Ordcf of 1950.
Original clauses (h), (4, (dl, (el, 0, (8) and (h) were n-lettered
as clauses (c), (d), (r). (j), C4). (h) rnd (1) trspccti\cly by =ction 2
(1) (o) of the Madras Nurses and Midwives (Amendment) kt, 19~ '
(Madras Act VlI of 1934).
* ward was substituted for tho word " Superintendent
&tion 5 (iii) of the Tamtl Nadu Nutses and Midwjves
~ct, 1960 (Tamil Nadu Act 26 of 1960).
1916 ! TH:. Actm] Nurses and Mdwtves
'[(e)]' one Registered Medical Practitioner
nominated by the '[State Gotel rme~~tj ;
I[( ] $[one Registered Mcdical ~ractitioncr~,
nominate d? hy the Medical Cou~lcil established
under sub-section (1) o' srcticn 5 of the 4[Tamilif$1z$!a
Nadu] Mcdical Registratlcn 4~1, 1914 ;
'[(g) the '[Nursing] Superintendent of the
General Hospital, Madras, a!- ci the '[Nursingl
Superintendellt of the Cjoc cl : mmt Hospital for
Womtn afid Childzen, Ivic,iirz~j ;
[(h)] ' [two registered n~lrses] elected by the
registered nurses ar.d one rc&-tercc! nlidwilce ejected
by the registered midwivcs it1 th? 1zrnut.r prescribed ;
'[ ......I
1 Original clauses (61, (r), ((1). ((.I, t !I. fi) rtd (1,) were re-lettered
as clauses (c), (tl), (r) (I), (g) (11) , .~d I I r.:p~ >!c ly by seclion 2(i)(a)
of the Mddr.~~ Nurse; all 1 hi J,vi\:a (A~~~c~liiment) Act, 1934
(Madras Act V11 of 1934).
2 Thz words " Provinclnl Governnlent " \t,ci-c s~!kslituted for the
words Local Govcrni~l.~r~il " by ti??: r:! .nt:,::i>il Orrlsr of 1937and
the word " Stat,: " was slibs~itutcd tor " I-,or ;jlci; J " by the Adap-
tation Order of 1950.
8 These words were substituted for ilie no& " two Registered
Medical Practitioners, one of *ko!n sl~:.ll bc! a woman " by
section 2 (i) (b) of the hladl-as Nursci ant1 F~.j:iJwives (Amendment)
Act, 1934 (Madras Act Vil of 1934).
4 These words were substituted for the wold " Madras " by
the Tamil Nadu Adeplat!~n of LL!~ s <::Ci.l., i! (9, as amended by
the Tamil Nadc Adaptation of Laws (Scco;~d Arncndment) Order,
'1969.
6 This clause was substituted for the originn! clause by section 2 (i)
OftbeMadrasNurses and Mid\sives (An~e~ic;nlcnt) Act, 1941 (Madras
~ct WI of 1941), r$-enacted permancnrly by sccticln 2 of, and the
First Schedule to, the Tanlil Nadu Rc-cn::cting and Repeating
(No. I) Act, 1948 (TamJ Nadu Act Vll of 1948).
?This word'wassubstituted for the word "Matronw by du
5(iv of the Tamil Nadu Nurses and Midwives (Amendment) Ad,
' ,('J!amil'~Nadtl Act-26 -of 1960). - , .. " . 3 -. . .
. .
fl ~\m:woidr were mhtittifed for tha words 44 mts '
sum by section 2(i1) of the Madras Nunea and '"&M M waives '
(Amenbneot)sAct, 1934 (Madw Act VU[ of 1934): , * , . ,- -' I
' ',(.
" )T~M word and wt& bhttid by section 2 (i) (c),, CMb; ., I
Christian Medical Asriiciation of India (South India
Branch) as are so registered ; and]
* [(k)] two non-officials, not of the classes
referred to above, one of whom shall be a woman,
nominated by the ' [State Government].
'[ The Director of Medical Services] shall be the
President of the Council.
'[ ........ I
(2) The members of the Council other than
members ex-officio shall hold office for a term of tbme
years '[. ............ .I.
' Clausa (11, V) and (k) were insert* by section 2 (1) (dl
of the Madras Nurses and Mdwtves (Amendment)
Act, 1934 (Madras Act VII of 1934).
Origin11 cllu~? (j) w1s onitted and clauses (k) and (0
were relettered as clauses (j) and (k) by section 2 (iii) of the Mach
Nurses and Midwives (Amendment) Act, 1941 (Madras Act XVI of
1941). r~nacted permanently by section 2 of, aqd the pint
Schedule to, theTamll Nadu Re-enactlng and Repealing (No. I)
Act, 1948 (Tamil Nadu Act VII of 1948).
8 The wor&9 "Provincial Governmmt" were substituted for tho
words "Local 9overnment" by the Adaptation Order of 1937
and the word State " was substituted for "Provincial" by the
Adaptation Order of 1950.
4 These words were substituted for the word0 "The Surgeon-
I
General" by section 5 (v) of the Tamil Nadu Nurses and Midwives
(Amendment) Act, 1960 (Tamil Nadu Act 26 of 1960).
8 The following proviso to section 3(1) was omitted by section
of the Madras Nurses and Midwives (Amendment) Act, 1934
(Madras Act VII of 1934) :-
'a Provided that for a period of one year from the
mat of thb Act, the two matrons referred to in claw Cf shall be
m-tod by tho Surgeon-~-a1 and the nurse .Id)w w.
wife referred Lo irr dam &) &bad be panlnatod by tho LooJ
wmt @
'~f0~~ordsaod~~~om/#ebb9 wQ@# dm, Ibki.d,-
.rr*~r~~ .a. . A ;Au&z:!" *-..-
. ",,,.a_-. &. LIU.,;r>.,., ..I.... .<S"?,,.,. ,:..a ...............
.. ,< "< 9,"
* y +*&
G% ., 1926 1 'T.N.'&C~ IJI] iVurses and ~idv;ive8 209 ,. . + ..a
(3) If the place of a member of the Couocil
becomes vacant by the expiration of his term cf office .
. or by death, or by resignation or otherwise, the vacancy
shall be filled in tEe manner provided for the filii~lg of
the vacancy by sub-section (1).
(4) 4n outgoing member of the Co~rncii shall
be eligible for re-cleclion or re-nomination.
(5) The powers of the Council may be exercised
notwithstanding any ~acancy in the Courcil.
4. 4 memb~ who fails to attend three conse- Effect of railure I
cutrve meetings of tht Council shall rmse to be a :e,$)s$r the
member unless restored by the Council at its nexl council
meeting.
1
,
l[5. (I) The Coilncil shall maintain a rqgisler of Regi5trnti011
nurses, midwives, health visitos-s and auxiliary nurse- Y;~,''-'z
midwives and in such re$ister shall be entered the health vixitot.s
names of all nurses, midwives, health visitors 2nd nuxi- am1 at~xilinry
liary nurse-midwives, who have ~lt?dergo~lc tlt~ course lllidwivcs*
of training and passed tile euamitlatio~~s and l'~11fil 11.1~
conditions prescribed.
I
(2) Tllc rcgi\tcr rct;:: rccl lo in \LI b-\ccl1o~1 ( I)
shall consiq of sirch p:trtk, :tnd .\I~:\ll bc m;;lrlt;\intd i
in svch man!~er n~ay hc prc,cribtcl.l
21.5-4. (1) Notwitl~.,ti\ncI~ng ;~,.lyti.il~? c,,~ltainccl ~~rl+~wrves i4"'"? ""'I
in this Act, ally I~CI~~.OII r~,y,ibicrcit LIII~~L I. LII~' 1'1 ;~V;LIIC.OI.C- I.cyix,cre,l u,,,lrl.
&chin Nurscs and Midwives Act, 1953 ('l'~~avancorc- -rraviillo(l~.c-
Cochin Act X ol' 1953), u.110, imrncdiaicly buloic ~IIC ::';':& ;::,Fed
Arst day of Novcmbcr 1956, was itoldi~tg any t,, b, registe~.ctk
appointmcllt as nurbc or ~nitlwil'c in ally LI~L~~CI. l his Act.
hospital, dispensn~.y or i~lfitrnal.y 1\01 supporlctl
entirely by voluiltary ~on~ributiuns in (Itc ~l.:tndixrccl
territory or who, immccliatcly bdt'urc tho said day,
was practising as nursc or midwife in tllut territory
This section was substituted for the prisinal section 5 by seztion 6
of tho Tamil Nadu Nurses and Midw~ves (Amcndmcnt) Act, 1960 'I
earnil Nadr; Act 26 of 1960).
shall, subject to the provisions of section 7, be deemed
to be registered as a nurse or, as the- case may be, a
midwife under this Act.
Regisqation
of dhau.
RemDval and
restoration of
names-
Explanation.-For the purpose of this sub-section,
the expression ' transferred territory ' shall mean the
Kanyakumari district and the Shencottah taluk of
the Tirunelveli district.
(2) The Council shall, subject to such conditicns
and restrictions as may be prescribed, enter in the
register referred to in sub-section (1) of section 5 the
name of any person who, under sub-section (1) of
this section, is deemed to be registered under this Act.]
6. The Council shall maintain a register of
dhais, admission to which shall be regulated by such
conditions and restrictions as may be prescribed.
7. Subject to such conditions and in such manner
as may be prescribed, the Council may refuse to
enter the name of '(any nurse, midwife, health visitor,
auxiliary nurce-midwife or dhai] in the register or
remove the name of '[any. nurse, midwife, health
visitor, auxiliary nurse-midwife or dhai] from the
register or restore thereto the name of '[any nursr,
midwife, health visitor, auxiliary nursc-midwife or
dhai] so removed.
Special 217-A. (1) Notwithstanding anythinp contained
for in this 4ct, the Council may, by order in writing, amending the
register of amend thc register of nurses, register of midwives
nurses, register Or register of dh~is by deleting therefrom the name of midwives and regis& of dhdo, of any plrson who, by reason of the alteration of
boundaries under the Andhra Pradesh and Madras
(Alteration of Boundaries) Act, 1959 (Central Act 56
of 1959), has ceased to reside or practise in the 3[State
of Tamil Nadu]. - -- -- -
lThese words,,were substituted for the words " any nurse,
midwife or dhal by section 8 of the Tamtl Nadu Nurses and
Midwlves (Amendment) Act, 1960 (Tamil Nadu Act 26 of 1960).
'This section was inserted by paragraph 3 of, and the Schedule ,
to, the Madras Adaptation of Laws Order, 1961.
* This expresclion was substituted for the expression " State of
Madras ** by the Tamil Nadu Adaptation of Laws Order, 1969,
as ammded by the Tamil Nadu Adaptallon of Laws (Second
Amendmen$) Order, 1969, which came into force on the 14th
- \
1926 : T.N. Ad III] ~uries and Midwives 21 1
The Council may likewise amend the said register . ll!!
by adding thereto the name of any person whose ;"'
residence or place of practice has, by reason of the ii
said alteration of boundaries, become part of the
'[State of Tamil Nadu]:
Provided that the Council may, before passing an
order, make such inquiry as it deems necessary.
I'
!
I
(2) Any person aggrievcd by an order under sub-
1 '1
section (I) may appeal to such authority and within
I I
such time, as may be specified in this behalf by I
the State Government and such authority shall pass I
such order on t he appeal as it thinks fit.
(3)Anorder of 'the Council under sub-
section (I), or where an appeal has been preferred
against it under sub-section (2), the order of the
appellate authority, shall be final.
1
(4) The provisions of this section shall cease to
bt in force from such date a5 the State Govcrnrnent
may, by notification appoint.]
8. (I) '[Any nurse, inidwife, hadth visitor, suxi- ~~~~~~lf:~'~'
liary nurse-midwife o~ dhai] aggrieved by an order Tribunal.
of the council under section 7 may, within threemonths
from the date on which notice of such ordcr is given,
I i
appeal against the ordcr of the Council.
(2) Such 2pp:nl 5h:lll bc heard by :r Tribunal of
three persons selected in rc.!ation-
(0) Onc from n panel of not 1e\s than six persons
of not less than t\ssl\~e years ' experience us a Magis-
trate or Civil Jdgc nominated by the "State Govern-
ment] ; - - --- --
a Thh expresbion was substittrtcd for tl~c expression " State of
Madras " by the Tan111 N.idu Adapt;~lio~~ uf L;tws Order, 1969, as
amended by the Tamr! Nadu A?aptatron of Laws (Second Amend-
ment) Order, 1969, wh~ch chn~e rrlto force on the 14th January 1969. I
Thtse words were substituted for the words " Any nurse.
n~idwifa or dhai" by section 9 (i) of the T~mil Nadu Nurses and
Midwives(Amendment~ Act, 1960(Tamil Nadu Act 26 of 1960).
9 The uords 4"ovincial Government" were substituted for f be
word? "Local Government': by the Adaptation Order of 1937 and 1
the word "State" was suhat~tuted for provincial^* by the Adapta- 1.
tion Order of 1950. 1 ./
125-1 614A t *
1 ?
.-
(b) One from a panel of not less than six regis-
tered medical practitioners selected in the prescribed
manner by the Medical Council established under sub-
section (1) of section 5 of the '[Tamil Nadu] Medical
Registration Act, 1914 ; and
(c) One from a panel of not less than six regis-
tered nurses holding both general and maternity certi-
ficates and selected in the prescribed manner by the
registered ^;nurses, midwives, health visitors and auxi-
liary nurse-midwivesf.
(3) The order of the Tribunal shall be final.
Appeal to
the State 9. Any person aggrieved by the refusal of the Coun-
Government cil to approve any institution or person under any rule: against
by relating to training made under this Act, may appeal
the Council against the refusal to the "State Government] and the
to '[State Government] may give such directions as they training institution think proper and the Council shall con~ply with the
or pereon. directions so given.
Disabilities 10. (I ) Except with thc speci:rl sanction of the .
of unregistered J[Stat~ Governn~ent], no person shall, after thc expiry persons. of three years from the comlnencement of this Act, be
competent to hold any appointment as '[nurse, midwife,
hc~lth visitor or auxiliary nurse-midwife] in any hospi-
tal. dispensary, or infirmary 1101 supported entirely
hy voluntary contributiolls unless such person is regis-
tcrocl as 4[nursc, m'dtvife, health visit<;; or auxiliary
nurse-midwife] under this Act.
- ----- .-
These words were substituted Tor the word "MadrasQ by the
Tnmil Nadu Adaptation of Laws Older, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment)Order, 1969.
Thcse words were substituted for the words "nurses and mid-
wives'' by section !) ( ii) of the Tamil Nadu Nurtes and Midwives
(Amendment) Act, 1060 (Tamil Nndu Act 26 of 1060).
Thr: words "Provincial Govcrnment" were substituted for the
words '2ocal Government" by the Adaptation Order of 1037
and the word "State" .was subrtitt~ted for "Provincial" by tho
Adnptation Order of 1950.
4 These words were substitut.d for the words " nurses or Mid-
wife" by sectiorll0 of the Tamil N~du Nuhw and Midwives
(Amendment) Apt, 1960 (Tamil Nadu Act 26 of 1960).
* c
* ',':"w,:"< - '-7 -'...**~rawf.,;,
$& i
1926 : IIIJ durses and kithirda, 218 - ** D
..
l[Explanatjon.-ln relation to a health visitor or
auxihary nurse-midwife, the expression ' commence-
ment of this Act ' in this sub-section shall be construed
as rcfenillg to the dale of the coming into force of the
I '[Tamil Naduj Nurses and Midwives (Amendment)
Act, 1960.2
(2) After the expiry of one year from the wmmen-
cement of this Act, no subsidy shall be paid by the
3[State Government] or by a local authority to any
madid practitioner who employs a dhai other than
a registered dhai.
11. (1) The 3[State Governmentl may, after pre- by vious publication, make rules to carry out all or any of state oovw
the purposes of this Act not inconsistent therewith- meut.
(2) Jn particular, and bithout prejudice to the
generality of the foregoing power, they may make
rules-
(a) regulating the conduct of the elections of
members of the council ;
(b) regulating the conditions of admission to
the register ;
'[(bb) prescribing the conditions and restric-
tions subject to which the Council shall enter
in the register referred to in sub-section (I) of section 5,
the name of any person under sub-section (2) of section
5-A ;3
(c) regulating the conduct of any examina-
tions which may be prescribed as a condition of ad-
mission to the register, and any matters ancillary to or
connected with such examinations ;
1 This explanation was added by section 10 of the Tamil Nadu
Nurses and Midwives (Amendment) Act, 1960 (Tamil Padu Aot 26
sf 1960).
s Thac worcls were substituted for the word "Madras" by the
Tarnil Nadu Adaptation of Laws Order, 1969, an amended by the
Tad Nadu Arlaptatios of Lawe (tjecond Amendment) Order, 1969.
The words " Provincial ,~overnmcnt" were substituted for the
words " Local Gaveryent by t* Adaptation Order zf 1937
and tho,word " State was substituted for " Proviwal by tho
Adaptation Order of 1950.
* This claw was. iqscrted by section 11 (I) (a) of tbf, Tamil
*Nadu Nurser and M~dwlves (Amendmat) Act, 1060 (Taral Nadu
Act 26 of 1960). a(
..-
(d) prescribing the causes for which, the condi-
tionsunder which and the manner in which, thea[nurses,
midwives, health visitors, auxiliary nurse-midwives
and dhais] may be removed from the regist& and the
i" procedure for restoration to the register of %[nurses,
midwives, health visitors, auxiliary nurse-midwives
and dhais] who have been removed therefrom;
(e) regulating the selection of the panels and
the constitution of the Tribunal specified in sub-section
(2) of section 8 and the proced~lre to be followed by the
Tribunal ;
(f) prescribing the fees to be paid in respect
of an appeal under this Act ;
(g) determining the manner in which all fees .
levied under this Act and all moneys received by the
Council shall be applied for the purposes of this Act.
'[(3) All rules made under this Act shall, as soon
as possible sftcr they are made, be placed on the table
of both Houscs of the Legislature and shall behubject
to such modifications by way of amendment or repeal
3s the Legislature may make either in the same session
or in the next session.)
By-taw8 by 12. (1) The Council may make by-laws not in-
the couuoil. consistent with this Act or any other law-
(u) for reguhting the compilation, maintenanca
pub!:cation of the register ;
(b) for regulating and supervising the practice
of their profession by registered "nurses, midwives,
health visitors, auxiliary nurse-midwives and dhais];
*.
111
(d) for prescribing the rates of fees to be charged
I /
:i 1
for examinations prescribed for admission to the I
.;! 1
register and for reautration ; ,
1 It'
(e) for regulating the summoning of meetings :i,
of the Council and its proceedings ; and
/I
I'
(f) for regulating the expenditure of the . I/
Council and providing for the audit thereof,
(2) No by-law made by the Council shall come
into force until it has been confirmed by the 'LState
Gavernmentj with or uithout modification or amend- 1
3C12-,4. (1) Save as provided in this Act or the Probibitim
rule> or by-laws made thereunder, no person shall ;Lrutho
grant or issue or hold himself out as entitled
to confer, grant or issue any degree, diploma, licence,
certifiwte or other document stating or implying
that the holder, grantee or recipient is qual~fiecf to
practise the profession of a registered nurse, midwife,
health visitor, auxiliary nurse-midwife or dhai.
(2) Whoever contravenes the yrov~siorls of sub-
section (1) shall be punishable with ime wI~ic11 may
extend to one thousand rupees ; and if the pesson so
-_I.._&' ..--- .-.. __- - _____I__--
1 Tilase word?,were substituted for thc woids '' nursos, mid-
wives anddhais by section 12 of the Tamil Nadu Nurses and
Midwives (Amendmeni) Aot, 1960 (Tamil Nad u Act 26 of 1960).
2 The words " Provincial q~vernment " were slrbstituted for
the words '' Local Goxerment by the Adaptation Ordcf, of 1937
4 the word a State was substituted for *' Prcrvinwal by the
Adaptation Order of 1950.
I
i I
--- -* ,
26 : T.N. Act M .V
contz : vening is an association, every member of
asso, *.tion who bwingiy and wilfully authorizes
or I , rmits the contravention, shall be punishable
with he which may extend to Eve hundred rupees.')
t. 3 4, Any person who-
Ped( for I tr) dishonestly makes use of any certificate of
disho r j, ;ltion issued under the provisions of this Act use $f
certificate chxy: or to any other person,
for procuring 5) procures or attempts to procure registration
registration und- ~heprovi~i~n~~fthi~A~tbymakingorpt~- by false
means and duc * or causing to be made or produced any false
for falsifi- or i~dulent declaration, certificate or rcpresenta-
ation of tior: .hether in writing or otherwise, cr
register Or
certificate. (c) wilfully makes or causes to be made any
fa[\.. representation in any matter relating to tho
regi :CT or thc certificates issued under the provisions
of I rtts Act,
shali be punishable with fine not exceeding two hull.
drec' .:nd fifly rupees.
Penalty for id. (1) Any person, who, not being a '[registered
posing a, nun2 or hc:\lth visitor] tnkcs or uses the name or titlr
registered ~f '[registered nurse or health visitor] or uses any nurse,
or n;LIne, title, description. uniform, badge or signboard,
dhai by n with he intclltion that it may be believed or with the
PerSon who knowledge that it is likely to be believed that such is not such. I
person ic; a '[registered nurse or health visitor] shall i
be punishablc with fine not exceeding . e hundred
rupees.
(2) Any person, who, not being a '[registered
midwife, auxiliary nurse-rnidwife or dhai] takes or
uses the name or title of '[regi\tered midwife,
s, auxiliary nurse-midwife or dhai] or uses ally nalnc,
i
i 1 Thew words were substituted for the words "registcrcd nurse"
& by section 14 (i) of thf Tamil Nadu Nurses and Midwives (Amend.
ment) Act, 1960 (Tam11 Nadu Act 26 of 1960).
for the words "registered mid.
\ I I
$.N. ~ct 1111 Nurses and NicI\viv~$ 217
title, description, uniform, badge or signboard, with the intention thi~t it may be believed or with the
knowledge that ir is likely to be believed that such
person is a 'Lrcgistcrcd midwife, nu.uiliary nurse-
mid\;~ife or shall be punishable with fine not
exceeding fifty nipccs.
I
,' ,
. -.--._ - --._I-CC-_ .. -
1 Thcsc words were substituted for the words *'registered
111lti wife or dhai" by swtion 14 (ii) of the Tamil Nadu Nurqes
and Midwivrs (Anlrndn~ent) Act, 1960 (T~n~il Nadu Act 26 of 1960).
I
.-A--.__ _ - .-. .--*
554 N~trses and Midwives /I961 : T.N. Act 26
. .I (~h<~du~ent) . "
, ' >ii' : '4 I
'[TAMIL NADU] 9: , ACT NO,. 26 OF 19602.
, .f14 1
THE I[TAMIL NADU] NURSES AND MIDWIVES
(AMENDmNT) ACT, 1960.
[Fcceiv~d the assent of tlze President c n the Gtlz Dccarr br r
1960, $tist published in the Fort St. Gcorge Gazette or2
the 141h ~~cembrr' 1 960 (Agroha)?cmu 23, 1 582).]
An Act furtkr to amend the '[Tamil Naduj Nurses and
Midwives Act, 1926, and to extend that Act to tSc
transf~red territory in the 3[Slate of Tamil Nadu] .
WHEREAS it is expedient fur. her to anlend the l[Tamil
Nadu] Nurses and Midwives Act, 1926 ('[Tamil Nedu] Act
III of 19261, for the purposes hereiraftei appearing and to
extend that Act to t:,; udi~Jerrr:d territory in the 3[State
of Tanril Nadu];
BE it ellacted in the Eleventh Year of the Republic of
as Indi I follows:-
:
Short tirle 1. This Act may be called the l[Tamil Nadu] Nurses ;
and Midwives (Amendment) Act, 1960. 1
1
4
2-14. (The amendments made by these sections have
been incorporated in the pri~cipal Act, namely, Tamil
Nadu Act TIT of 1%26.)
* Thesz worc's were subs' if uted for the word "Ma+ras" ~y the
Tamil Npdu Ad-aptation of Laws Order, 1969, as amenc'l=d by the
Tan~il Nni u Ac'aptation of Laws (Second Amendment) Ordcr, 1969.
For Statement of Objects a ncl R?asol- s, see Forl St. George
Gaaatte Extraordinary, dated r hc Sf h Ai~g~st 1960, Part N- Sec1i011
3, p?ges 9-10,
"his expression was substit wed for tl;e expression " Sttcte of
?/f;+dllils " by Ihc Tamil Nadu Atiaptalion "f Lws Order, 1969, as
arnr.iaue. l by the Tamil Nadu Adaptation of Laws (Secoi~ci Amend-
~~~ei~i ) Orc4.cr, 1969.
: + 1960 : T.N. Act 26J Nurses and Mihives 555
(Amendment)
v& ?kdu J Nm d rWrdw~vc~ Aa, Extensha d
Nadu ] Ad El of 1926), as in force immediately l',"l%!5tp"
before the date of the commencement of this Act, and as 1926 to the
amended by this Act (hereinafter in this section transferred
referred to as the lmmil Nadu Act& is hereby extended to, territory,
and shall be in force in, the transr'erred territory . repeals and savings.
(2) Ary law corresponding to the lwamil Nadu
Act] in force in the transferred territory immediately
before the date of the commencement of this Act, including
the Travanwre-Cochin Nurses and Midwives Act, 1953
(Travan~ore-Cochin Act X of 1953) (hereinafter in this
section referred to as the corresponding law) shall stand
repealed on the date of such commence'ment.
(3) The repeal by sub-section (2) of the corresponding
law sliall not affect--
(a) the previous operation of the corresponding law
or anything done or duly suffered thereunder ; or
(b) any right, privilege, obligation or liability acquired,
accrued or incurred under the corresp~nding law ; or
(c) any penalty, forfeiture or punishment incurred
? in respect of any offence committed against the correspon-
ding1aw;or i;
7 a
T
t (d) any investigation, legal pro+ding or remedy
in respect of any such rieht, privilege, obligation, liability,
penalty, forfeiture or punishment as1 aforesaid; and any
such investigation, legal proceeding br remedy may be
instituted, continued or enforced and any such penalty,
forfeiture or punishment may be imposed as if this Act had
not been passed.
' >
(4) Subject to the provisions of sub-section (3), anything
done or any action taken, including any appointment or
delegat ion made, notification, order, indtruction or direction
q"t'A.3.' 1 ,
- -
1 This expression was substituted for, thel ex ression "Madrar
a Act " by the Tamil Nadu 'Adaptation of Laws Or er, 1970.
These words were substituted for the word '' Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended b the
Tamil Nadu Adaptation of Laws (bond Amendment) Jrdedcr,
1969.
556 lyurses and Midwives [1960 : T.N. Act 26
(Amendment)
issued or any rule, regulation or form framed, certificate
granted or registration effected, under the correspond;l,g
lab^ *hall be deemed to have been done or taken under the
l[Tamil Nadu Act] and shall continue to have eifecf
accordingly, unless and until superseded by anything donc
or any action taken under the I[Tamjl Nado Act].
(5) Unless thd context otherwise requires, the SITai~~il
Nadu] Gzneral Clauses Act, 1891 (2[Tamil Nadu] Act
Z of 1891), shall apply for: the i~~terprctatioil of the 2[Ta~nil
Nadu Act] as extended to, and in force in, the transferred
territory.
(6) For the purpose of facilitating the application of
the '[Tamil Nadu Act] in the transferred territory, ally
court or other authority may cpilstrue such Act with
such alterations not affecting the substance as may be
necessary or proper to adapt it to the matter befoce the
court or othei authority.
(7) Any reference in the l[Trrmil Nadu Act] to a
law which is not in force in the transferred territory shall,
in relation to that territory, be construed as a reference
to the low, if any, in force in that territory corresponding
to such law. a
(8) A.ny reference to the cor'esponding law in any
law whicli continues"to be in force in the transferred
territory after the date of the commencement of this
Act shall, in relation to that territory, be construed as a
reference to the l[Tamil Nadu Act].
~x~lanation.-FOS the purpose of this section, the
expression " transferred territory " shall mean the Kanya-
kumai i district and the Shencottah taluk of the Tirunelveli
district.
16. (1) If any difficulty arises in giving effect to the pro- Paver to visions of this Act or of the principal Act as amended by "move this Act, tho State Government as occasion may require, cul ties may, by order, do anything which appears to them
necessary for the purpose of remoring the difficulty.
I This expression was substituted for the expression ''Madras
Act" by !hs T:~~nil Kadu Adaptation ol' Laws Ort'er, 1970.
a TI~ese words were substituted for the word " Madras "
by the Tamil Nadu Ac'aptalion of LRWS Order, 1969, as amence,l
by the Tamil Nac!u Aclrptcction of Laws (Second Amendment)
Or\!er, 1969.
1960: T.N. Act 261 Nurses ai~d Midwi ~t~s 55 7
(Am endm en t)
(2) All orders issued under sub-section (1) shall,
as soon as possible after they are issued, be placed on the
.table of both Houses of the Legislatw and be subjea
to such modifiuttions by way of amendment or repeal
as the Legislature may make either in the same se::sion
or in the next session.
-