The Travancore Cochin Nurses and Midwives Act, 1953 Complete Act - Bare Act

Short title, extent and commencement.

Definitions.

Establishment, incorporation and constitution of the council.

Nomination of members in default of election.

Nomination of members in default of election.

Disqualification for membership.

Term of office of membership.

Vacancies.

President and Vice-President.

Appointments to be notified in the Gazette.

Cessation of membership.

Resignation of membership.

Validity of proceedings.

Meetings of the Council.

Presidency at meetings of Council and procedure thereat.

Payment of fees and allowances.

Registrar.

Duties of Registrar.

Default of Council.

Eligibility for Registration.

Application for Registration.

Admission to register of persons registered in any State in India.

Refusal of Registration and removal and re-entry.

Appeal from order under Section 23.

Annual list of nurses and midwives.

Institutions for training nurses and midwives.

Appeal against refusal to recognize institutions under Section 26.

Supervising authority.

Notice of commencement and continuance of practice.

Disability of unregistered persons.

Penalty for dishonest use of certificates.

Nurses or midwives not registered under this Act not to practice.

Penalty for unlawful assumption of title of registered nurse or midwife.

Penalty for instrumental manipulations by nurse or midwife.

Power of Government to make rules.

Power of Council to make regulations.

Prosecution.

Jurisdiction of Magistrates.

Jurisdiction of Civil Courts barred.

Nurses and Midwives registered under Act XVIII of 1121 entitled to be registered under this Act.

Repeal.

Whereas it is expedient to provide for the registration and training of nurses and midwives in the State of Travancore-Cochin;

It is hereby enacted as follows:-

1.

(1) This Act may be called the Travancore-Cochin Nurses and Midwives Act, 1953.

(2) It extends to the whole of the State of Travancore Cochin.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

In this Act, unless the context otherwise requires, -

(a) "Council" means the Travancore-Cochin Nurses and Midwives Council established under Section 3;

(b) "Institution" means any association which maintains or controls an establishment for training nurses or midwives or both and which is recognized by the Council;

(c) "Medical Council" means the Council of Modern Medicine, established under the Travancore-Cochin Medical Practitioners Act, 1953;

(d) "Nurse" includes a male nurse;

(e) "President" means the president of the Council;

(f) "Register" means a register of nurses or midwives maintained under this Act, and "registered" means registered under this Act;

(g) "Registered practitioner" means a practitioner who is registered in the register of practitioners for modern medicine maintained under the Travancore-Cochin Medical Practitioners Act, 1953;

(h) "Registrar" means the Registrar appointed under Section17;

(i) "Regulations" means regulations made by the Council under this Act;

(j) "Rules" means rules made by the Government under this Act.

Provided that it shall be lawful for the Council to exercise its powers under this Act, notwithstanding such vacancy.

(1) The Government shall nominate one of the members of the Council to be its President.

(2) The Council shall elect one of its members other than the President to be its Vice-President.

(3) The President or the Vice-President shall be deemed to have vacated his office on resignation or on the expiry of his term of office as a member or on his otherwise ceasing to be a member.

(4) When the office of the President is vacant, the Vice-President shall exercise the functions of the resident until a new president assumes office.

(5) When the office of the President is vacant or the President is incapacitated and there is either a vacancy in the office of the Vice-President or the Vice-president is incapacitated, the Registrar shall after giving notice of not less than seven clear days to the members of the Council, convene a meeting for the election of a President if there is a vacancy in that office, and until a new President or Vice-President is elected and assumes office, or either the President or the Vice-President recovers from his incapacity, as the case may be the Surgeon General Shall, notwithstanding anything contained in this Act, be ex-officio President of the Council.

(6) An outgoing President or Vice-President shall be eligible for re-nomination or re-election, if otherwise qualified.

A new President or Vice-President shall be deemed to have assumed office on his being nominated or declared elected as such.

All elections, nominations and appointments of the President, Vice-President, members of the Council and the Registrar shall be notified in the Gazette.

A member of the Council other than an ex-officio member shall be deemed to have vacated his seat "

(a) on the expiry of the term of office;

(b) on resignation;

(c) on absence, without excuse sufficient in the opinion of the Council, from three consecutive meetings of the Council;

(d) on becoming subject to any of the disqualifications mentioned in Section 6;

(e) in the case of a member elected by the Medical Council, if he ceases to be a member of that Council.

Any member other than an ex-officio member, or the Vice-President may at any time resign his office by giving notice in writing to the President, the President may resign his office by giving notice in writing to the Council. Such resignation shall take effect in the case of a member or Vice-President; and in the case of the President, from the date on which it is placed before the Council.

Validity of proceedings. - (1) No disqualification of or defect in the election or nomination of any person acting as a member of the Council or as President or Vice-President or presiding member of a meeting shall be deemed to invalidate any act or proceeding of the Council in which such person has taken part.

(2) No act done by the Council shall be deemed to be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Council.

The Council shall meet at such time and place and every meeting of the Council shall be summoned by such person and in such manner as may be prescribed by regulations:

Provided that until such regulations are made, it shall be lawful for the President to summon a meeting of the Council at such time and place as he may deem expedient by letter addressed to each member.

(1) Every meeting of the Council shall be presided over by the President; in his absence by the Vice-President; and in the absence of both the President and the Vice-President by a member chosen by the members present at the meeting to preside for the occasion.

(2) The President shall preserve order and shall decide all points of order at or in connection with meetings. There shall be no discussion on any point of order and the decision of the President on any point of order shall be final.

(3) The Vice-President or member presiding for the occasion shall, for that meeting and during the period he presides over it, have all the powers of the President.

(4) All questions at a meeting of the Council shall be decided by the votes of the majority of the members present and voting at the meeting. Five members shall from a quorum. If within half an hour from the time appointed for the meeting there is not quorum, the meeting shall stand adjourned to the same day in the following week at the same time and place and if at the adjourned meeting there is no quorum within half an hour from the time appointed for the meeting, the members present shall form a quorum.

(5) At every meeting of the Council, the President shall, in addition to his vote as a member of the Council, have a second or casting vote in case of equality of votes.

There shall be paid to the President, Vice-President and the other members of the Council such fees and allowances for attendance in connection with the meeting of the Council or of any Committee thereof and such travelling allowances as shall from to time be prescribed by rules.

(1) The Government shall after consulting the Council, appoint a Registrar who shall be the Secretary to the Council. The Registrar shall receive such salary and allowances as may be prescribed by rules. The Government may grant him leave and may appoint a person to act in his place.

(2) Subject to such rules as may be prescribed, the Council shall have power to punish the Registrar. Any order of the council punishing the Registrar shall not take effect without the previous approval of the Government.

(3) The Council may appoint or employ such other officers and servants as it may deem necessary for the purposes of this Act:

Provided that the number and designations of such officers and servants and their salaries and allowances shall be subject to the previous approval of the Government.

(4) The method of recruitment and conditions of service such as pay, allowances, promotions, leave, pension, gratuity and provident fund relating to the officers and servants appointed or employed under sub-section (3) shall be governed by the rules applicable to officers and servants of the Government of similar class.

(5) All officers and servants appointed or employed under sub-section (3) shall be under the direct control and supervision of the Registrar. The powers of the Registrar to punish, dismiss, discharge and remove any such officer or servant shall be regulated by such rules as may be made by the Government in that behalf.

(6) All officers and servants appointed or employed under sub-sections (1) and (3) shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

(1) Subject to the provisions of this Act and subject to any general or special order of the Council, it shall be the duty of the Registrar to keep the registers.

(2) There shall be separate registers for nurses and midwives. The registers shall be in such form and shall contain such particulars as may be prescribed by rules. Each register shall be divided into two parts A and B, Part A containing the names of those nurses or midwives who are eligible for registration under clause (i) of sub-section (1) of section 20 and Part B containing the names of those nurses or midwives who are eligible for registration under clause (ii) of sub-section (1) of Section 20.

(3) The Registrar shall keep the registers correct in accordance with the provisions of this Act and the rules and regulations made thereunder and shall remove from the registers the names of those registered nurses and midwives who are dead or whose names are directed to be removed from the registers under Section 23.

(4) The registers shall be deemed to be public documents under Section 74 of the Indian Evidence Act/

(1) If at any time is shall appear or the Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred on it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the Government may, if they consider such failure, excess or abuse to be of a serious character notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse within such time as the Government may fix in this behalf, the Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person and for such period as they may think fit and thereupon the funds and property of the Council shall vest in the Government for the purpose of this Act until a new Council shall have been constituted under Section 3.

(2) When the Government have dissolved the Council under sub-section (1), it shall take steps as soon as may be to constitute a new Council under Section 3, and thereupon the property and funds referred to in sub-section (1) shall vest in the Council so constituted.

(1) Subject to the provisions of sub-section (2) and (3) "

(i) every person who has undergone such course of training and passed such examination as may be prescribed by rules for the purpose of conferring a right of registration as a nurse or midwife under this Act; and

(ii) every person who within the period of one year or such other longer period as may be fixed by the Government from the date on which this Acts comes into force proves that he has been in regular practice as a nurse or midwife for a period of not less than three years preceding the first day of April 1953, shall be eligible for registration under this Act.

Provided that no nurse or midwife shall be registered under clause (ii) after the expiration of one year or such other longer period as may be fixed by the Government from the date on which this Act comes into force.

(2) Applicants for registration under clause (ii) of sub-section (1) shall produce a certificate in the form prescribed by rules. The certificates shall be from a registered practitioner or the Tahsildar of the taluk.

(3) No person shall be eligible for registration under sub-section (1) if he is subject to any of the disqualifications mentioned in clauses (a) to (d) of Section 6.

(1) An application for registration under section 20 shall be in the prescribed form and shall be accompanied by a fee of rupees ten in the case of nurses and rupees five in the case of midwives.

(2) All applications under sub-section (1) shall be sent direct to the Registrar who shall place them before the Council for its decision.

(3) If the Council directs the registration of the applicant, the Registrar shall enter the name of the applicant in the appropriate register and issue to him a certificate in such form and containing such particulars as may be prescribed by rules.

Subject to such conditions and on payment of such fees as may be prescribed by rules, any person who proves to the satisfaction of the Council that he has been registered as a nurse or midwife in any other State in India may be registered as a nurse or midwife under this Act.

(1) Subject to such conditions as may be prescribed by rules, the Council may, after giving an opportunity to the person concerned to appear and to be heard, and after holding an inquiry in the manner prescribed by rules refuse to enter in the register the name of any person or may order the removal of the name of any person from the register.

(2) The order passed under sub-section (1) shall be in writing and shall be served on the person concerned in the manner prescribed by rules.

Any person aggrieved by an order of the Council made under section 23 may, within three months from the date on which notice of such order is served on him, appeal to the Government against such order in such manner and subject to such conditions and on payment of such fees as may be prescribed by rules and the decision of the Government on such appeal shall be final.

(1) The Registrar shall in every year on or before the date to be fixed by the Council cause to be published in the Gazette a full or supplementary list of the names of all nurses and midwives, registered under this Act.

(2) The Registrar shall from time to time cause to be published in the Gazette the names of such nurses and midwives which have been duly removed under any of the provisions of this Act.

(3) In any proceeding it shall be presumed that every person whose name is entered in the list published under sub-section (1) is a registered nurse or registered midwife and that any person whose name is not so entered is not a registered nurse or registered midwife, as the case may be:

Provided that in the case of a person whose name has been entered in the register after the publication of the list, a certified copy signed by the Registrar of the entry of the name of such person in the register shall be evidence that such person is registered under this Act. Such certificate shall be issued free of charge.

(1) The institutions which are approved and recognized by the Council after inspection by its representative shall be competent to train nurses and midwives and to send them for examination for the qualifying certificates recognized by the Council.

(2) The Council may withdraw recognition from any such institution after its inspection by a representative of the Council. The order of such withdrawal shall be in writing and shall be served in the manner prescribed by rules.

Any person aggrieved by the refusal of the Council to approve and recognize any institution as competent to train nurses and midwives or by the order of the Council withdrawing recognition from any such institution may appeal within three months from the date of service of notice of such refusal or of the order of withdrawal to the Government against such refusal or order of such withdrawal in such manner and subject to such conditions, and on payment of such fee as may be prescribed by rules, and the decision of the Government on such appeal shall be final.

(1) The Government may, by notification in the Gazette appoint for such area as may be notified a local supervising authority consisting of such members as may be specified in such notification to exercise general supervision over nurses and midwives within such area and to exercise and perform such other powers and duties as may be prescribed by rules.

(2) The Government may, subject to such conditions and restrictions as may be prescribed by rules, appoint a Chief Supervising authority to exercise control over local supervising authorities.

(1) Every person registered under this Act as nurse or midwife shall give previous notice to the local supervising authority of his intention to commence practice in any local area.

(2) Every such nurse or midwife shall give notice of any change of address to the local supervising authority to whom he has notified commencement of practice under sub-section (1) and also to the Registrar.

(1) No dispensary, hospital, infirmary, lying-n-hospital, sanatorium, surgery, nursing home or other similar institution shall employ any person as a nurse or midwife unless such person is a nurse or midwife registered under this Act.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to fifty rupees.

(3) Whoever after having been convicted under sub-section (2) continues to contravene the provisions of sub-section (1) shall on conviction be punished for each day after the previous date of conviction during which he continuous so to contravene with fine which may extend to five rupees.

Any person who-

(a) dishonestly makes use of any certificate of registration issued under this Act to him or to any other person;

(b) procures or attempts to procure registration under 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 of certificates issued under this Act,

shall be punishable with fine which may extend to two hundred and fifty rupees.

(1) No person other than a nurse or midwife registered under this Act shall practice or hold himself out either directly or by implication as a practicing nurse or midwife:

Provided that the Government may, from time to time by notification in the Gazette direct that this section shall not apply to any person or class of persons or in any specified area for a specified period:

Provided further that this section shall not apply to a person eligible for registration under this Act who after having filed the application for registration under this Act is awaiting the decision of the Council or of the Government in case of appeal:

Provided also that this section shall not apply to a person eligible for registration under this Act, until the period prescribed for application under Section 20 expires.

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to fifty rupees.

Any person who not being a registered nurse or midwife takes or uses the name or title of a registered nurse or midwife or uses any name, title, description, prescribed uniform, badge, object or sign board, 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 nurse or midwife shall be punishable with fine which may extend to fifty rupees.

Any nurse or midwife who resorts to instrumental or intra-uterine manipulations to effect delivery, shall be punishable with imprisonment which may extend to three months or with fine which may extend to one hundred rupees or with both.

The 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, the Government may make rules "

(a) with reference to all matters expressly required or allowed by this Act to be prescribed;

(b) with reference to all matters relating to the elections of Vice-president and members of the Council including election petitions and deposits to be made by candidates standing for election as members and the conditions under which such deposits may be forfeited;

Provided that the deposit required shall not exceed fifty rupees;

(c) as to the member in which vacancies shall be filled under section 8;

(d) as to the fees and other allowances payable to the President, Vice-president and the other members of the Council under Section 16;

(e) as to the salary and allowances payable to the Registrar under Section 17;

(f) as to the powers of the Registrar to punish the officers and servants appointed or employed under Section 17;

(g) as to the form of the registers and the particulars to be entered therein under Section 18;

(h) as to the course of training and examinations entitling a person to registration and the form of certificate from registered practitioners under Section 20;

(i) as to the conditions subject to which and the fee payable for admission to register of nurses and midwives registered in any other State in India;

(k) as to the causes for which, the conditions under which and the manner in which the names of nurses and midwives may be removed or re-entered in the register under Section 23 and the manner in which the order of removal or refusal shall be served on any such person;

(l) as to the fee payable in respect of an appeal under Section 24 or Section 27 and the manner in which and the conditions subject to which such appeals shall be preferred;

(m) as to the manner in which an order of withdrawal of recognition of an institution shall be served under Section 26;

(n) as to the application of the fees and other amounts received under this Act;

(o) as to the powers to be exercised and the duties to be performed by a local supervising authority and as to the conditions and restrictions subject to which the chief supervising authority may exercise control over a local supervising authority;

(p) as to the furtherance of any of the objects of the Council.

(3) All rules made under this section shall be published in the Gazette.

(1) The Council may, with the provisions sanction of the Government, make regulations not inconsistent with this Act or the rules made thereunder for all or any of the following matters, namely.-

(a) the time and place at the Council shall hold its meetings and the manner in which and the person by whom such meetings shall be summoned;

(b) the conduct of any examinations which may be prescribed by rules as a condition of admission to the register and any matters ancillary to or connected with such examinations including the course of training which the candidates appearing for the examinations shall undergo;

(c) the approval of any institution for the purpose of such training and the granting of diplomas to candidates passing the examinations;

(d) all other matters which may be necessary for the purpose of carrying out the objects of this Act.

(2) All regulations made under this section and duly confirmed by the Government shall be published in the Gazette.

(3) The Government may by notification in the Gazette cancel any such regulations.

Whenever the Council is of the opinion that the prosecution of any person for the contravention of any of the provisions of this Act is necessary, the Council may by resolution recommend to the Government the institution of such prosecution and the Government may thereupon authorize in writing any officer to initiate such prosecution.

(1) No Court inferior to that of a Magistrate of the first class shall try and offence punishable under this Act.

(2) No Court shall take cognizance of any offence under this Act except on a complaint in writing of an officer authorized by the Government in this behalf.

No act done in the exercise of any power conferred by or under this Act on the Government, the Council, or the Registrar shall be questioned in any Civil Court.

All nurses and midwives to whom certificates of registration have been issued under the Travancore Nurses, Midwives and Dhais Act, 1121 (XVIII of 1121) shall be entitled to be registered under this Act without any application being made in that behalf and without payment of any fee, and the Registrar shall , soon as may be after the commencement of this Act, register the names of such nurses and midwives in the appropriate registers.

The Travancore Nurses, Midwives and Dhais Act, 1121 (XVIII of 1121) is hereby repealed.