The TRIPURA NURSING COUNCIL ACT, 1986

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GOVERNMENT OF TRIPURA
LAW DEPARTMENT
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THE TRIPURA
NURSING COUNCILACT
1986
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TGPA-23-10-87-250

THE TRIPGRA jURSING COUNCIL ACT, 19.86
INDEX
CHAPTER-I
lDtrdduction :
1. Short title, extent· and commencement
2. Interpretation
CHAPTER-U
State Nursing CouncU:
3. Constitution and composition of the State Council
4. Incorporation of the Council
5. President and Vice-President of the Council
6. Mode of Election
7. Term of Office and casual vacancies
8. Executive Committee
9. Meetings
10. Expenses to be paid to members and other persons
11. Staff, remuneration and allowances
12. Power of the Council
13. Information to be fu rnished
CHAPTER-Ill
Registration:
14. Registration of Nurses, Midwives and Health Visitors etc.
15. Persons entitled to be registered
16. Refusal of registration, removal or re-entry of names
17. Notice of death and removal of names from the register
18. Issue of Duplicate Certificate of registration
CHAPTER-IV
Miscellaneous:
19. Penalty for falsely claiming to be registered
20. Prohibition of un-authorised conferment of diploma
and certificate etc. and penalty for such conferment
21. Prohibition of employment of unregistered persons
22. Cognizence of offences
23. Publication and use of registration list
24. Bar of suit or other legal proceedings
25. Finance, Audit and Budget
26. Power to make Rules
27. Regulations
28. Publications of Rules and Regulations
29. Control over the Council by the State Government
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PUblished in the
EXTAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Wednesday. October 21, 1987 A. D.
Asvina 29, 1909 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
No. F. 1(15)-LAWjLWGj86 Dated, the Agartala lsi Sept., 1981.
The following Act of the Tripura Legislative Assembly received assent
of the Governor on 17-8-1987 and is hereby published for general informa-
tion.
A. B. PAUL,
DEPUTY SECRETARY, LAW.

( 2 )
Tripura Act. No. 13 of 1987.
THE TRIPURA NURSING COUNCIL ACT, 1986
AN
ACT
To provide for constitution of a Nursing Council for Tripura in order to
regulate teaching in general nursing, midwifery, auxiliary nursing mid-
wifery, health visiting or public health nursing in the State and for matters
connected therewith and incidental thereto.
Be it enacted by the Legislative Assembly of Tripura in the THIRTY
SEVENTH YEAR OF THE REPUBLIC OF INDIA as follows:
I. Short title, extent and commencement:
(l) This Act may be called the Tripura Nursing Council Act, 1986.
(2) It extends to the whole of Tripura,
(3) It shall come into force at once.
2. Interpretation:
In this Act, unless there is anything repugnant in the subject or context
(a) "Council" means the Council constituted under this Act;
(b) "Indian Nursing Council" means the Council constituted under the
Indian Nursing Council Act, 1947;
(c) "Prescribed" means prescribed by rule made under this Act;
(d) "Member" means a member of the Council ;
(e) "President" means the President of the Council;
(f) "Register" means the Register of Nurses, Midwives, Multipurpose
Worker and Supervisors (Female) Health Visitors maintained
under the Act;
(g) "Registered Nurse or Midwives or Multipurpose Worker (Female)
or Multipurpose Supervisor (Female) or Health Visitor" means a
Nurse or Midwife or Multipurpose Worker (Female) or Multipur-
pose Supervisor (Female) or Health Visitor registered under the
provisions of this Act;
(h) "Registrar" means the Registrar of the Council;
(i) "Rules" means rules made by the State Government under this
Act;
(j) "State Government" means the State Government of Tripura ;
(k) "Vice-President" means the Vice-President of the Council.
CHAPTER-IT
STATE NURSI G CO CIL
3. Constitution and composition of the State Council:
(1) The State Government shall, as soon as may be, constitute z;Council
consisting of the following members, namely,
(a) Six members, elected from amongst themselves by registered
Nurses, Midwives, Health Visitors, Multipurpose Workers and
Multipurpose Supervisors;

( 4 )
(3) A nominated or elected member shall be deemed to have vacated
his seat if he is absent without excuse sufficient in the opinion of
the Council or if he is elected under clause(a) of sub-section(l) of
Section 3.
(4) A casual vacancy in the Council shall be filled by fresh nomination
or election, as the case may be, and the person nominated or elec-
ted to fill the vacancy shall hold office only for the remainder of
the term for which the member in whose place he was elected or
nominated.
(5) No act done by the Council shall be called in question on the
ground merely of the existence of any vacacy in or any defect in the
constitution of the Council.
(6) Members of the Council shall be eligible for re-nomination or re-
election.
8. The Executive Committee:
(1) The Council shall, as soon as may be, constitute an Executive
Committee consisting of the President and Vice-President Ex-officio,
and three members elected by the Council from amongst them-
selves in the manner as may be prescribed.
(2) The President and Vice-President of the Council shall be the
President and Vice-President respectively of the committee.
(3) A member of the Executive Committee hall hold office as such
until the expiry of his term of office as member of the Council,
but, subject to his being a member of the Council, he shall be
eligible for re-election. -
(4) In addition to the powers and duties conferred and imposed upon it
by this Act, the Executive Committeeshall exercise and discharge
such powers and duties as may be prescribed.
(5) No business shall be transacted at any meeting of the Executive
Committee unless a quorum of three members be present.
(6) The Council may also, subject to the approval of the State Govern-
ment from time to time, appoint one or more Com-mittee consist-
ing of members of the council of outsiders or both on such terms
as may be approved by the State Government for the purpose of
advising it on such matter as it deems necessary and may appoint a
Chairman for any such committee, who shall convene and preside
over the meeting of the Committee.
9. Meetings:
(1) The Council shall hold its first meeting at such time and place as
may be appointed by the President, and thereafter the council shall
meet at such time and place as may be appointed by the Council.
(2) Until otherwise prescribed, five members of the council shall form
a quoram and the acts, of the council shall be decided by amajority
of the members present and voting. .

( 5 )
10. Expenses to be paid to members and other persons:
The council shall pay to its President, Vice-President and members
and other persons appointed by it to any committee referred to in sub-sec-
tion (6) of section 8, such fees for attending at meetings of the council, of
the Executive Committee or such committee and such travelling expenses
for journeys undertaken in the performance of duties as may be prescribed.
H. Staff, remuneration and allowcnces :
The Council may, with the previous sanction of the State Government,
(a) appoint a Registrar who shall also act as Secretary and if so decided
by the Council, Treasurer of the council;
(b) appoint such other officers and ervants as may be required to
enable the council to carry out its functions under this Act;
(c) fix the salaries and allowances and other conditions of service of
the Secretary and other officer and servants of the Council;
Provided that the first four years from the constitution of the
Council the Registrar shall be a person appointed by the State
Government, who shall hold office during the pleasure of the State
Government.
12. Powers of the Council:
The Council shall have the following powers, namely,
(a) with the approval of the State Government to grant or refuse
affiliation to the Institutions eaching the General Nursing, mid-
wifery, auxiliary nursing midwifery, multipurpose worker (female)
Multipurpose Supervisor (female), health visiting, public health
nursing or similar other courses, or withdraw after giving the autho-
rity of an institution an opportunity to show causes against the
action proposed to be taken against such affiliated Institution.
(b) to call upon the authority of an institution affiliated to the CoUI~-
cil or of any institution applying for affiliation to furnish within
such period, a may be pecified, such reports, returns or other
informations a the council may require to judge the efficiency of
the institution;
(c) to hold examinations for per on who shall have pursued a course of
study in institution affiliated to the council or to confer diplomas
and certificates on them on having passed the necessary examina-
tion;
(d) to provide by regulations course of study for different examina-
tions held by the council :
(e) to appoint examiners and to fix their remuneration and to publish
the results of the examinations held by it ;
(f) to grant prizes and medals to students of institutions affiliated to
the Council who are meritorious;
(g) to collect prescribed fees or charges for admission to the examina-
tions held by the council and for certificates, diplomas, etc. granted
or conferred by' it ;

( 6 )
(h) to receive grants, donations, gifts and endowments;
(i) to appoint such number of Inspectors for the inspection of the insti-
tutions teaching General nursing, midwifery, auxiliary nursing mid-
wifery, multipurpose worker (female), multi-purpose Supervisor
(female), health ~ting, public health nursing or similar other
courses as the cohncil may deem fit on such terms as the council
may, with the previous sanction of the State Government, deter-
mine;
(j) to incur such expenditure, to adopt such measures and to do such
acts as may be necessary for the furtherance of the objects men-
tioned in this section;
(k) to perform such other functions as the State Government may direct
or on the recommendation of the Council approve for carrying
out the provisions of the Act.
U. Information to be furnished:
(1) The Council shall furnish such reports, copies of its minutes and of
all minutes of the Executive Committee or such other committee
constituted under sub-section (6) of section 8, and abstracts of its
accounts to the State Government as the State Government may
from time to time require;
(2) The State Government may publish, in such manner as may think
fit, any report, copy, abstract or other informations furnished to it
under this section.
CHAPTER-ITI
REOISTRA nON
14. Registration of Nurses, Midwives, Health Visitors, etc.:
(1) The Council shall maintain a register for regi tered nurses, mid-
wives, auxiliary nurse-midwives, multipurpose workers (female),
multipurpose supervisors (female), Health Visitors, Public Health
Nurses or other similar persons, in several parts in which the per-
sons to be registered shall be classified according to qualifications
in such manner as may be prescribed.
(2) The Registrar shall, from time to time, make necessary entries in
the register in respect of the persons whose names are to be regis-
tered, their qualifications, and their addresses and may also from
time to time make such alterations or modifications as may be
required in cnosequence of any orders pa sed by the Council or
otherwise.
15. Persons entitled to be registered:
(1) Every person who possesses any qualification recognised by the
Indian Nursing Council shall, subject to the provisions of the Act,
and on payment of such fees as may be prescribed be eligible to
have his name entered in the Register.

( 7 )
(2) The Council may, on being satisfied that a person is qualified for
registration under this section and has applied in the prescribed
manner with prescribed fees, direct that his name be entered in
the Register and the Registrar shall thereupon make necessary
entries in the Register and grant him a certificate of registration in
the prescribed form.
16. Refusal of registration, removal or re-entry of names:
(1) The Council may refuse to permit the registration or direct tempo-
rary or final removal of any name of any person on any of the
following grounds:
(a) that his name has been entered in the register by error or on
account of mi -representation or suppression of a material
fact; or
(b) that he has been convicted of an offence; or
(c) that he has been guilty of any offence which, in the opmion
of the Council, indicates professional incompetence, negligence
or contravention of regulations ordinarily included in the
performance of the duties of nurses, midwives or Health
visitors;
Provided that no action shall be taken by the Council
under this section until after due enquiry at which the person
concerned has had an opportunity of being heard in person or
of being duly represented and he has been found guilty by a
majority of atleast two-thirds of the members of the Council.
(2) Any name as removed may afterwards be re-entered in the register
and any order of refusal of registration passed under sub-section (1)
may be withdrawn under the direction of the Council given by a
majority of two-thirds of members of the Council.
(3) Any person aggrieved by an order of the Council made under-sub-
section (1) may, within three months from the date on which notice
of such order is given to him, appeal to the State Government
against such order and the decision of the State Government on
such appeal shall be final.
17. Notice of death and removal of name from the Register:
The Council may on receipt of reliable information regarding the death
of a person whose name is entered in the Register, and on making such
enquiry as it may think fit, direct the removal of his name from the Regis-
ter and thereupon the Registrar shall cancell the entry relating to such
person.
18. Issue of duplicate certificate of registration:
Where it is shown. to the satisfaction of the Registrar that a certificate
of registration has been lost or destroyed the Registrar may, on payment of
the prescribed fee, issue a duplicate certificate in the prescribed form.

( 8 )
CHAPTER-IV
MISCELLANEOUS
19. Penalty for falsely claiming to be registered:
If any per on whose name is not for the time being entered in the
regi ter falsely pretends that it is so entered or uses in connection with his
name or title any word or letters reasonably calculated to suggest that his
name is so entered, he shall whether any person is actually received by such
representation or not, be punishable on first conviction with fine which may
extend to five hundred rupees and on subsequent conviction with imprison-
ment extending to six months or with fine not exceeding one thousand rupees
or with both.
20. Prohibition of unauthorised conferment of diplomas, certificates, etc.
and penalty for such conferment:
(1) No person, association or institution other than the Council shall
cnofer, grant or issue or hold himself or itself out as entitled to
confer, grant or issue any diploma, certificates or any other docu-
ment stating or implying that the holder, grantee or recipient
thereof is qualified as urse, Midwife or Health Visitor, etc.
(2) Any contravention of the provision of sub-section (1) shall be
punishable with imprisonment which may extend to one year or
with fine which may extend to one thousand rupees or with both,
and if any association or institution is guilty of such contravention,
every member thereof who knowingly or willfully authorises or
permits the contravention, shall be punishable with imprisonment
which may extend to one year or with fine which may extend to one
thousand rupees or with both.
21. Prohibition of employment of unregistered persons:
No dispensary, hospital, infirmary or lying in ho pital which is suppor-
ted partialy or entirely by 'public funds, or local fund shall employ any
person as a nurse, midwife, or Health Visitor unle s he is registered under
this Act or is under training in an institution recognised by the Council.
22. Cognizance of offence:
(1) No Court other than a Magistrate of the First Class shall try an
offence under this Act.
(2) Cognizance of offence punishable under section 19 or 20 of the Act
shall not be taken except upon complaint made by order of the
State Government or any officer authorised in this behalf by the
State Government or by order of the Council.
23. Publication and use of registration list:
(1) The Registrar shall, from time to time as the occasion may require,
on or before the date to be fixed in this behalf by the Council,

l 9 )
cause to be printed and published a correct list of the names for
the time being entered in the Register:
Provided that such list shall not be published before expiry
of atleast twelve months from the date of last publication.
(2) the Registrar shall, from time to time as occasion arises, cause to
be printed and published a list of supplementary thereto, containing
addition and alteration in the Register since the publication of the
list under sub-section (1).
(3) The Register shall be deemed to be a public document within the
meaning of the Indian Evidence Act, 1972, and may be proved
by' a copy published in the Gazette.
24. Bar Qf suit or other legal proceedings:
No suit, prosecution, or other legal proceedings shall lie in respect of
any act or thing done or omitted to be done in the exercise of purpoted
exercise of any power conferred by or under this Act on the State Govern-
ment or the Council or,the Executive Committee or any Committee appoin-
ted by the Council or the Registrar.
25. Finance, Audit & Budget:
(1) All fees payable and prescribed under this Act shall be paid to the
Council.
(2) All accounts of all assets and liabilities of the Council and of all
fees, sums, grants, donations, gifts and endowments received by
it and of all expenses and disbursements incurred or made by it shall
be maintained in the prescribed manner.
(3) The account shall be audited annually in such manner and by
such officer or authority as may be prescribed. A copy of the
audit report shall be submitted to the State Government by the
Council.
(4) The Council shall prepare iu the prescribed manner a budget for
every financial year showing the probable receipt and expenditure,
which shall be submitted to the State Government for approval,
26. Power to make rules: ,
(1) The State Government may, from time to time make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters namely,
(i) the election of member of the Coucil, members of the
Executive Committee, the President and the Vice
President;
(ii) the functions to be performed by the President and the
Vice-1'resideht;

( 10 )
(ill) the fees payable under this Act;
(iv) the allowances to be paid under section 11.
'(v) the salaries and allowances to be paid to the Registrar and
other staff ;
(vi) the manner in which the account referred in sub-section
(2) of section 25 shall be maintained;
(vii) the procedure to be followed by the Council in conducting
an enquiry under this Act;
(viii) any other matter which may be or is required to be pres-
cribed under this Act.
(3) Every rule made under this Act shall be laid, as soon as may
be after it is made, before the Legislative Assembly while it is
in session for a total period of not less than fourteen days which
may be comprised in one session or in two or more successive
sessions in which it is so laid or the successive sessions aforesaid
the Legislative Assembly (agrees in making any modification in
the rule or the Legislative Assembly agree that the rule should
not be made, the rule shall thereafter have affect as the case
may be, however, so that any such modification or annulment
shall be without prejudice to the validity of anything previously
done under that rule.
rI. Regulations:
(1) The council may with the previous approval of the State Govern-
ment, make regulations, not inconsistent with .this Act or the
rules made thereunder, for discharging its functions under the
Act.
(2) In particular and without prejudice to the generality of the fore-
going power, such regulations may provide for all or any of the
following matters, namely,
(i) the eoduct of business of the Executive Committee and of
committee appointed by the council;
(ii) the time and place at which each meeting shall be held;
(iii) the issue of notices convening such meeting;
(iv) the coduct of business there-at;
(v) the conditions of appointment and service and scales of
pay and allowances of the officers and servants appointed
by the council;
(vi) any matter for which .power to. make regulations is
conferred expressed or by implication on the council by;
this Act.

( 11 )
28. Publication of rules and regulations:
All rules and regulations shall be published in the official Gazette.
29. Control over the Council by the State Government:
If, at any time, it appears to the State Government that the Council
has failed to exercise or has exceeded or abused power conferred upon it by
or under this Act, or has failed to perform a duty imposed upon it by this
Act, the State Government may if it considers such failure, exce s or abuse
to be of a serious character, after giving the council an opportunity of
being heard, notify the particulars thereof to the Council and if the Council
fails to remedy such failure, excess or abuse within such time as may be
fixed by the State Government in this behalf, the State Government may
supersede the Council for a period not exceeding one year and cause all or
any of the powers and duties of the Council to be exercised and performed
by such agency as it may think fit during the period of supersession.
A. B. PAUL
DEPUTY SECRETARY, LAW.

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