LexThe Telangana Nurses, Midwives, Auxiliary Nurse-midwives and Health Visitors Act, 1926.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA NURSES, MIDWIVES, AUXILIARY NURSE-
MIDWIVES AND HEALTH VISITORS ACT, 1926.
(ACT NO. III OF 1926.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of the Council and the term of
members.
3-A. Acts etc. of Council not to be invalidated by
informality, vacancy, etc.
4. Effect of failure to attend meetings of the Council.
5. Registration of nurses and midwives etc.
6. Omitted.
7. Removal and restoration of names.
8. Appeal from Council to Tribunal.
9. Appeal to the State Government against refusal
by the Council to approve training institution or
person.
10. Disabilities of unregistered persons.
11. Rules by the State Government.
12. Bye-laws by the Council.
13. Penalty for dishonest use of certificate for
procuring registration by false means and for
falsification of register or Certificate.
14. Penalty for posing as registered nurse, health
visitor, midwife or auxiliary nurse-midwife by a
person who is not such.
2 [Act No. III of 1926]
15. Magistrates empowered to try offences under this
Act.
16. Power to remove difficulties.
THE TELANGANA NURSES, MIDWIVES, AUXILIARY
NURSE-MIDWIVES AND HEALTH VISITORS ACT, 1926.1
ACT No. III OF 1926.
1. 2[(1) This Act may be called the 3[Telangana] Nurses,
Midwives, Auxiliary Nurse -midwives and Health Visitors Act,
1926.]
(2) It shall extend to the whole of the State of
3[Telangana].
(3) It shall come into force on such date as the 4[State
Government] may, by notification, appoint.
2. In this Act unless there is anything repugnant in the
subject or context,-
(a) “Council” means the 2[3[Telangana] Nurses,
Midwives, Auxiliary Nurse -midwives and Health Visitors
Council] established under this Act;
(b) 5[XXX]
(c) „Nurse‟ includes a male nurse;
1. The Andhra Pradesh Nurses, Midwives, Auxiliary Nurse -Midwives and
Health Visitors Act, 1926 in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Notification issued in G.O.Ms.No.80, Health, Medical and
Family Welfare (F1) Department, dated 26.09.2015.
2. Substituted by Act No.5 of 1964.
3. Substituted for the words “Andhra Pradesh” in G.O.Ms.No.80, Health,
Medical and Family Welfare (F1) Department, dated 26.09.2015.
4. The word “State” substituted for “Provincial” by the Adaptation Order,
1950.
5. Omitted by Act No.5 of 1964.
Short title.
Definitions.
Extent
Commencement.
2 [Act No.III of 1926]
(d) „Prescribed‟ means „prescribed by rules or bye-laws
made under this Act‟;
(e) „Register‟ means „a register ‟ maintained under
section 5 6[XXX] and „registered‟ means registered in
accordance with the provisions of 7[that section.]
8[3. (1) A Council called the Telangana N urses, Midwives,
Auxiliary Nursing-midwives and Health Visitors Council shall
be constituted for the State of Telangana consisting of:-
(i) The following seven Ex-Officio members, namely:-
(a) the Director of Medical Education, Telangana,
Hyderabad;
(b) the Director of Health and Family Welfware,
Telangana or his representative;
(c) the Deputy Director of Nursing of Director of
Medical Education, Telangana, Hyderabad;
(d) the Nursing Superintendent, Osmania General
Hospital, Hyderabad;
(e) the Nursing Superintendent, Government
General Hospital, Warangal;
(f) the Super intendent, Government Maternity
Hospital, Hyderabad;
(g) the Assistant Director of Public Health (Maternity
and Child Welfare);
6. Omitted by Act No. 5 of 1964.
7. Substituted by Act No. 5 of 1964.
8. Section 3 substituted by Act No.5 of 1964 and subsequently
substituted by G.O.Ms.No.80, HM&FW, dept., dt.26.09.2015.
Constitution of the
Council and the
term of members .
[Act No.III of 1926] 3
(ii) the following nine elected members, namely,-
(a) two registered medical practitioners, one of
whom shall be a wom an, elected in the prescribed manner
by the Telangana Medical Council established under the law
relating to the regist ration of practitioners of modern
scientific system of medicine for the time being in force in
the State;
(b) five registered nurses elected in the prescribed
manner by the registered nurses, midwives, auxiliary nurse -
midwives and health visitors;
(c) one member elected in the prescribed manner
by the Trained Nurses Association of India;
(d) one member elected by the Examining Board,
Nurses Auxiliary of the Christian Medical Association of India
(South India Branch);
(iii) the following five nominated members, namely:-
(a) one registered nurse nominated by State
Government;
(b) one registered midwife or auxiliary nurs e-
midwives nominated by State Government;
(c) one registered health visitor nominated by Stat e
Government;
(d) two non -officials nominated by the State
Government from among persons who are not of the classes
referred to above, one of whom shall be a woman.
(2) The Director of Medical Education, Telangana, shall
be the President of Council.
4 [Act No.III of 1926]
(3) The members of the Council other than ex -officio
members specified in clause (i) of sub -section (1) shall hold
office for a term of three years:
Provided that an outgoing member shall be eligible for
re-election or re-nomination.
(4) Any vacancy in the office of an elected or nominated
member of the Council shall be filled in accordance with the
provisions of sub-section (1):
Provided th at any member elected or nominated to a
casual vacancy shall hold office for the residue of the term of
his predecessor in whose place he is elected or nominated.]
9[3-A. No act or proceeding of the Council shall be deemed
to be invalid by reason only of a defect in its constitution or
on the ground that any member was not entitled to hold or
continue in such office or by reason of such act or
proceeding having been done or conducted during the
period of any vacancy in the office of any member of the
Council.]
4. A member who fails to attend three consecutive
meetings of the Council shall cease to be a member unless
restored by the Council at its next meeting.
9[5. (1) The Council shall maintain one register each for,-
(i) nurses,
(ii) midwives,
(iii) auxiliary nurse-midwives, and
9. Substituted by Act No.5 of 1964.
Acts etc, of
Council not to be
invalidated by
informality,
vacancy, etc.
Effect of failure to
attend meetings
of the Council.
Registration of
nurses, mid-
wives, etc.
[Act No.III of 1926] 5
(iv) health visitors.
in such form and containing such particulars as may be
prescribed and the name s of all nurses, midwives, auxiliary
nurse-midwives and health visitors who are for the time
being qualified for registration in the State register under the
provisions of the Indian Nursing Coun cil Act, 1947 and who
fulfil the conditions prescribed shall be entered in the
relevant register.
(2) Persons who immediately before the date of
commencement of the Andhra Pradesh Nurses and
Midwives (Extension and Amendment) Act, 1964, were
registered nurses, midwives or health visitors, as the case
may be under this Act or 10the Andhra Pradesh (Telangana
Area) Nurses, Midwives and Health Visitors Registration Act,
1951 and who are qualified for registration under this Act
shall be deemed to have been registered as such under the
provisions of this section on that date and their names shall
be entered in the relevant register maintained under this
section.
(3) Persons who were reg istered as auxiliary nurse -
midwives in pursuance of G.O.Ms.No. 655, dated the 8th
March, 1961, of the Health, Housing and Municipal
Administration Department shall be deemed to have been
registered as such under the provisions of this section as if
this section were in force on the date on which the said G.O.
was issued and their names shall be entered in the relevant
register maintained under this section.
(4) The Council shall be responsible for the due
performance of the functions imposed on it by th e Indian
Nursing Council Act, 1947.]
10. This Act has been repealed by Act No.5 of 1964.
6 [Act No.III of 1926]
6. 11[XXX]
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 12[auxiliary nurse -midwife or health
visitor] in the register or remove the name of any nurse,
midwife 12[auxiliary nurse -midwife or health visitor] from
register or restore thereto the name of any nurse, midwife
12[auxiliary nurse-midwife or health visitor] so removed.
8. (1) Any nurse, midwife 12[auxiliary nurse -midwife or
health visitor] aggrieved by an order of the Council under
section 7 may, within three months from the date on which
notice of such order is given, appeal against the order of the
Council;
(2) Such appeal shall be heard by a Tribunal of three
persons selected in rotation,-
(a) o ne from a panel of not less than six persons of
not less than twelve years experience as a Magistrate or Civil
Judge nominated by the 13[State] Government.
(b) o ne from a panel of not less than six registered
medical practitioners selected in the prescribed manner by
12[the 14[Telangana] Medical Council established under the
law relating to the registration of practitioners of modern
scientific system of Medicine for the time being in force in
the State]; and
(c) o ne from a panel of not less than six registered
nurses holding both general and maternity certificates and
selected in the prescribed manner by the registered
11. Section 6 omitted by Act No.5 of 1964
12. Substituted by Act No.5 of 1964.
13. The word “State” was substituted for “Provincial” by the A.O.1950.
14. Substituted by G.O.Ms.No.80, HM&FW, dept., dt.26.09.2015.
Removal and
restoration of
names.
Appeal from
Council to
Tribunal.
[Act No.III of 1926] 7
15[nurses, midwives, auxiliary nurse -midwives and health
visitors].
(3) The order of the Tribunal shall be final.
9. Any person aggrieved by the refusal of the Council to
approve any institution or person under any rules relating to
training made under this Act may appeal against the refusal
to the 16[State] Government and the 16[State] Government
may give such directions as they think proper and the
Council shall comply with the directions so given.
10. (1) Except with the special sanction of the 16[State]
Government, no person shall, 17[XXX] be competent to hold
any appointment as 15[nurse, midwife, auxiliary nurse -
midwife or health visitor] in any hospital, dispensary, or
infirmary not supported entirely by voluntary contributions
unless such person is registered 18[or deemed to be
registered] as 15[nurse, midwife, auxiliary nurse -midwife, or
health visitor] under this Act.
(2) 15[No subsidy shall be paid] by the State
Government or by a local authority to any me dical
practitioner who employs 15[a person who is not registered
under this Act];
19[Provided that in the case of the territories specified in
the section 3 of the Andhra Pradesh Reorganisation Act,
2014, the provision of sub -section (2) shall apply after the
expiration of one year from the commencement of the
Andhra Pradesh Nurses, Midwives, Auxiliary Nursing -
15. Substituted by Act No.5 of 1964.
16. The word “State” was substituted for “Provincial” by the A.O.1950.
17.Omitted by Act No.5 of 1964.
18. Inserted by Act No.5 of 1964.
19. Proviso added by Act No.5 of 1964 and further substituted by
G.O.Ms.No.80, HM & FW (F1) Department, dated 26.09.2015.
Appeal to the
State Government
against refusal by
the Council to
approve training
institution or
person.
Disabilities of
unregistered
persons.
8 [Act No.III of 1926]
Midwives and Health Vistors Act, 1926 and Rules (Telangana
Adaptation Order, 2015).]
11. (1) The 20[State] Government may, after previous
publication, make rules to carry out all or any of the
purposes of this Act not inconsistent therewith.
(2) in particular, and without 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 admissio n to the
register 21[subject to the provisions of the Indian Nursing
Council Act, 1947];
22[(c) [XXX]
(d) prescribing the causes for which, the conditions
under which and the manner in which, the nurses, midwives,
23[auxiliary nurse -midwives and health visitors] may be
removed from the register and the pr ocedure for restoration
to the r egister of nurses, mi dwives, 23[auxiliary nurse -
midwives and health visitors] who have been removed
therefrom;
(e) regulating the selection of the panels and the
constitution of the Tribunal s pecified in sub -section (2) of
section 8 and the procedure to be followed by the Tribunal;
20. The word “State” was substituted for “Provincial” by the A daptation
Order, 1950.
21. Added by Act No.5 of 1964.
22. Clause (c) omitted by Act No.5 of 1964.
23. Substituted by Act No.5 of 1964.
Rules by the State
Government.
[Act No.III of 1926] 9
(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.
12. (1) The Council may make bye -laws not inconsistent
with this Act or any other law,-
(a) for regulating the compilation, maintenance and
publication of the Register;
(b) for regulating and supervising the practice of their
profession by the registered nurses, midwives, 24[auxiliary
nurse-midwives and health visitors];
(c) for regulating the publication of the names of
registered nurses, midwives, 24[auxiliary nurse-midwives and
health visitors], and their residences;
(d) for prescribing the rates of fees to be charged for
25[XXX] registration;
(e) for regulating the summoning of meetings of the
Council and its proceedings; and
(f) for regulating the expenditure of the Council and
providing for the audit thereof.
(2) No bye -law made by the Council shall come into
force until it has been confirmed by the State Government
with or without modification or amendment.
24. Substituted by Act No.5 of 1964.
25. Omitted by Act No.5 of 1964.
Bye-laws by the
Council.
10 [Act No.III of 1926]
(3) Every such bye -law shall, when s o confirmed, be
published.
13. Any person who,-
(a) dishonestly makes use of any certificate of
registration issued under the provisions of this Act to him or
to any other person,
(b) procures or attempts to procure registration under
the provisions of this Act by making or producing or causing
to be made or produced any false or fraudulent declaration,
certificate or representation whether in writing or otherwise,
or
(c) willfully makes or causes to be made any false
representation in any matter relating to the Register or the
certificates issued under the provisions of this Act;
shall be punishable with fine not exceeding two hundred and
fifty rupees.
14. (1) Any person, who, not being a registered 26[nurse or
health visitor] takes or uses the name or title of registered
26[nurse or health visitor] or uses any name, title, description,
uniform, badge or signboard, with the intention that it may
be believed or with the knowledge that it is likely to be
believed that such person is a registered 26[nurse or health
visitor] shall be punishable with f ine not exceeding one
hundred rupees.
(2) Any person, who, not being a registered midwife
26[or auxiliary nurse-midwives] takes or uses the name or title
of registered midwife 26[or auxiliary nurse -midwives] or uses
any name, title, description, uniform, badge or signboard,
26. Substituted by Act No.5 of 1964.
Penalty for posing
as registered
nurse, health
visitor, midwife or
auxiliary nurse-
midwife by a
person who is not
such.
Penalty for
dishonest use of
certificate for
procuring
registration by
false means and
for falsification of
register or
certificate.
[Act No.III of 1926] 11
with the intention that it may be believed or with the
knowledge that it is likely to be believed that such person is
a registered midwife 27[or auxiliary nurse -midwives] shall be
punishable with fine not exceeding fifty rupees.
15. No magistrate other than a magistrate of the first class
shall take cognizance of or try any offences under this Act.
16. 28[If any difficulty arises in giving effect to the provisions
of this Act, or of the principal Act in the territories to which
the principal Act is extended by this Act, the State
Government may, after previous publication, by order in the
Telangana Gazette, make such provisions or give such
directions not inconsistent with the purposes of th is Act or of
the principal Act, as appear t o them to be necessary or
expedient for removing the difficulty.
* * *
27. Substituted by Act No.5 of 1964.
28. Inserted by Act No.5 of 1964.
Magistrates
empowered to try
offences under
this Act.
Power to remove
difficulties.