a..14/5/97-99/l.a./{2 ;7

(‘10

BE PUBLISIED IN PART IV DELHI GAZ‘TTE

EXTRAORDINARY)

Goiemmeat of

Eational

_Capital

Terribtn

of

Delhi.

(Department

of

DumJuadCe

8:

_LegislatiVe

Affairs).

5-316!

Hath

_{Marg,nelh1-110054.}

a°.£.14/5/97-99/L.A./{2‘;7

Dated

//

M.reh,1999.

'me

_following

Act of the

_Legislative

Assembly

received the assent of the

President

on 4.3.1999 and is

hereby

publiahed

for

_general

information.

'Ihe

Delhi

_Nursing

Council

Act.1997

(Delhi

Act.

No.3

0!

1999)

.

AN ACT

'1‘:

_pmvide

for the

constitution

of the

Delhi

Nursing

Council for

_regulatiul

of

registration

and

training

of

nursing

personnel

(n‘raeamid-wivu.

auxiliary

nurse

mifiwives/funale

health

unmet/female

health

assistant]

supervisors)

and matters connected therewith.

\

“nu-r ,

a:

BE it enacted

_by

_the

Legislative

_Assembly

_{of the Na~} tional

_Capital

Territory

of Delhi in the

_{Forty eighth}

_Year of the

_Republic

_{of India}

as _follows:

CHAPTER

—

I

PREL_IMINARY

Short

_title,

_1.

(1)

This Act _{may be called} extent and

the Delhi

_Nursing

_Council

Act, commencement. 1997.

(2)

It _{extends to the} whole of the National

_Capital

Territory

of Delhi.

(3)

It shall come into force on

such date as the

_Government

may,

by'

notification

in the

official

_Gazette,

_appoint.

Definitions.

2. _{In this}

Act, unless the context

otherwise

_requires,

(a)

”affiliated

_institution"

_means

an

_institution

_or

hospital

or

health centre for

_preventive,

promotive,

curative care and

rehabilitative

_nursing

servic—

es, which is

_recognised.

_and affiliated to the

_Council;

(b)

_”auxiliary

nurse

-midwife”

or

“female _{health worker” means}

a

person who _{possesses a cer~}

tificate

of

_auxiliary

_nurse

midwife,

or, as the case _may

be,

of _{female health worker}

from a

_recognised

institution

registered

under section _13;

(c)

”council" _{means the Delhi}

Nursing

Council

_constituted

(d)

(f)

(g)

(h)

I

(l)

(m)

"female

_health

assistant

or supervisor“ _{means a} person who possesses a

_certificate

from an

_institution

recognised

and

registered

under _section

13;

"Government”

means _{the Govern—}

ment of the _National

Capital

Territory

of

_Delhi;

”licensing

_authority”

_{means an}

officer

_authorised

by

the

Government

to

_issue

licences

under _this

Act;

”Lieutenant

_Governor" means the

_Lieutenant

Governor of the

National

_Capital

Territory

of Delhi _referred to in _clause

(1)

of _article 239AA and

appointed

_by

_the

President

under

_article

₂₃₉ of the Con—

stitution;

"Inspector”

means a _nurse

appointed by

the

_Council;

"list” means a _{list of}

nurses,

midwives,

_auxiliary

nurse—

midwives

or

_female

health

workers or _female health

assistants

or

supervisors

maintained

under

_section

16; ”member” means a _{member of}

the

Council;

”nurse” _{means a} person who possesses a

_certificate

in

nursing

and

midwifery

from an

institution

_recognised

_in this

behalf

and

_registered

with the

Council;

"prescribed”

means _prescribed

under the

_rules;

”President”

means the _Presi—

Constitution

and

incor-poration

of the Council. 3.

(p)

“register"

means a

_register

maintained

under section _15;

”registered”

means

_registered

in _{accordance with the}

provi—

sions of section _13;

"registrar"

means

_Registrar

appointed

under section _10;

(q)

“regulation”

means a

_regulation

(I)

made

_by

the Council under this

Act .

”rule" means a _{rule made}

by

the Government under this

_Act,

by

notification

in the Offi— cial Gazette.

CHAPTER

II

Delhi

_Nursing

_Council

(1) The _Government

_shall,

_as

soon

as _{may be after}

the commencement of this _Act, constitute a Council _called

'The Delhi

_Nursing

_Council'.

The _{Council shall}

consist of

the

_following

Inembers,

namely:—

(a) The _Director of _Health

Services,

Government of

National

_Capital

Terri-tory

of Delhi —

Ex—Offi— cio.

(b)

The

Director

of Indian

Systems

of

_Medicine

_and

Homoeopathy

—

Ex—Officio. (c) The Medical _{Officer of}

Health,

Municipal

Corpo—

ration of _Delhi ~

Ex—

(d)

The

_Nursing'

_Advisor

to

the

_Government

_{of India} —

Ex—Officio.

Three

_Nursing

_Chief

Officers

of the

_hospitals

in the _National

Capital

Territory

of Delhi to

represent one

_hospital

each,

to be _nomi— nated

_by

_the Governs ment

_by

rotation,

from the

_following

—

(i)Hospitals

of _Central

Government;

(ii)Hospitals

of _Govern— ment of _National

Capital

Territory

of

_Delhi;

(iii)Hospitals

of _Munici—

pal

_Corporation

_of

Delhi/New

Delhi

_Municipal

Council.

Two _{Members of} the

Legislative

_Assembly

_of the

_National

Capital

Territory

of Delhi to be

nominated

_by

_the

Speaker

of _the

Assembly.

Three _{persons to} be

nominated

_by

the _Govern~

ment to _represent as nurse, an

auxiliary

midwife

and a

nursing

educationist,

from amongst the nurses,

auxiliary

nurse

_midwives

and

_nursing

education—

ists

of

_recognised

nurs—

ing

schools.

A _{member of} the Delhi

branch

of

_Trained

Nurses

Association

of _{India to}

(2)

(3)

Term of _4.

₍₁₎

Office. (2)

f/K’“\\\

E

m”:

’J

themselves.

(i) Two

_principals,

_{one each}

from General

_Nursing

_and

Midwifery

Schools and

Colleges

of

_Nursing;

_and

one

_Principal

_{from Aux—}

iliary

Nursing

and Mid—

wifery

Schools,

to be elected from _{amongst the}

nursing

institutions.

The Council shall be a

_body

corporate,

_having

a

_perpetual

succession and a common

_seal,

with _{power to}

acquire,

hold and

_dispose

_of

property,

whether movable or

_immovable,

and to contract and to do all

things

necessary

for the

purposes of this _Act, and _may

by

the name _{aforesaid sue or}

be sued.

The President and the Vice— President of the _{Council shall} be elected from _{amongst the}

members,

_according

to the

procedure

as _{may be pre—}

scribed.

of office of a

member,

other than ex—officio

member,

shall be three _years

from the date of _nomination or

until a _{successor has been}

duly

nominated,

whichever is earlier. The term tile ex—officio A member

_appointed

_to Council in his

capacity

shall cease to hold office as a member if he

ceases to hold such office.

The _{President shall hold}

office from the date of

election _upto the date on

(4)

(7)

member

_expires

_{or until}

a

successor has been

_duly

_elect— ed.

If the seat _{becomes vacant}

by

reason of

_death,

disability,

resignation,

removal or _dis—

qualification,

a new member shall be

nominated

_by

_the Government and such _nominated member shall hold office

_only

for the remainder of the term

for which the member was

nominated.

A member _{shall be deemed}

to

have vacated _{office if he}

absents himself from three consecutive

_meetings

_{of the} Council :ithout leave of the

Council.

(a) The _President

may

_resign

from his _office

_by

notice in

_writing

_ad— dressed to the

_Secretary

of the Council. Such

resignation

shall take effect from the date on

which it is

_accepted

_by

the Council.

(b)

A member _may

_resign

_from

office

_by

_{notice in}

writing

addressed to the

President and _every such

resignation

shall take effect from the date on

which it is

_accepted

_by

the _President.

Notwithstanding

_anything

contained in this

_Act,

_the Government _may —

(a)

remove a _{member from}

office on

_being

_found

disqualified

as _per sub~

section ₍₈₎ of _this

Meetings

of the Council.

(2)

(b) if the _{Council decides}

at

a

_meeting

by

two~thirds

majority

of the total

membership

that the

continuation

of a member in _{office is}

prejudicial

to the

_interest

_{of the}

Council,

remove the member _{from office.}

A _{person shall be}

disqualified

for

_being

_elected

or _nominat—

ed,

and for

continuing,

as a

member —

(a)

if he is an

_undischarged

insolvent;

or

(b)

if he is of _{unsound mind} and stands so

_declared

_by

a _competent

court; or

(c)

if his name _{has been}

removed from the

_registei

and has not _{been re—}

entered

_therein,

_or

(d)

if he is a

_wholertime

officer or _{servant of the}

Council;

or

(e)

_completes

₆₅

years of

age.

The Council shall meet _atleast

once in a _{year and}

may also

meet as _{many times}

as neces—

sary in a _{year to}

transact its

business.

The

_President,

_when

present, shall

_preside

_over

meetings

of the _{Council and in his}

absence the

_{Vice—President}

shall

preside.

In case _{both are}

absent,

any other _member

elected

_by

_{the members}

Quorum. _6. Vacancies in' 7. the Council not to in-validate _act, etc. Executive 8. Committee. Other _9. Committees.

from _{amongst themselves}

shall

preside

at such

_meetings.

(3) All _{transactions of}

business

at a

_meeting

_{shall be}

decided

by

_majority

vote.

(4) In the case of _{equal votes} the _{President shall}

have a

casting

vote.

The _quorum

necessary

for the trans~

action of

_business

_{at a}

meeting

of the _{Council shall be}

one—third of the total number of _{members includ—}

ing

the

_President;

Provided that if at _any

_meeting

_of

the Council a _{quorum is}

not

present, the _{President or the}

presiding

member,

as the case _may

be,

shall

_adjourn

_the

fleeting

to Such hour of the

_day

or some _{uture

day,

as he _may

_notify

by

notice on

the Notice Board at the office of the Council. The _{business before} the

_original

meeting

shall be

brought

before _the

_adjourned

meeting

and _may be

_disposed

_{of at} such

_meeting

or

any

_subsequent

adjournment

_thereof,

whether there

be a _{quorum present}

or not.

No act or

_proceeding

_{of the}

Council shall be

invalid

_by

reason of

existence

of a _{vacancy in the}

Council or on _{account of}

any defect

or

_irregularity

_{in its}

constitu— tion.

The _{Executive Committee}

shall consist of five members who shall

be _elected

by

the _{Council from}

amongst its members in the manner

as _{may be}

_prescribed.

The Council _{may constitute sub<}

committees for such _{purposes as} the Council _considers

necessary.

Staffing

of 10.

₍₁₎

Council. (6) ”trxu FM 11

The _Council

_shall,

_{with the}

previous

_approval

of the

Government,

_appoint

a full

time nurse as a

_Registrar

_and

another full time nurse as a

Deputy

Registrar

and such

other staff as _may be neces—

sary.

The Council shall

_adopt

the Central Civil Services Rules

mutatis _mutandis,

The _pay and _allowances

_payable

to the

_Registrar,

_{officers and} other

_employees

of the Council shall be fixed

_by

the Council

with the

_previous

_approval

_of

the _Government.

The Council _may, with the

previous

sanction of the

Government,

suspend,

dismiss

or remove _{any person}

_appointed

as the

_Registrar,

or

_impose

any other

_penalty

_{upon him in}

the manner as _{nay be

_provided

by regulations.

The _{Rug istra} 1.’ aha l i be the

Secretary

and the Executive

Officer of the Council. He

shall attend all

_meetings

of

the

_Council,

and of its Execu—

tive

_Committee,

_{and shall}

keep

minutes of the

_meetings

and

names of members _present and

of the

_proceedings

_{of such}

meetings.

The accounts of the Council

shall be

_kept

_by

_the

Registrar,

in the manner as

prescribed

by regulations.

The

_Regist

Lax: sha ll have such

Fees and

Allowances

for

meetings.

Income and

Expenditure

of _the Council. 11. _The

President

the fees

prescribed

_by

(l)

(2)

regulations

such _other and _may perform

duties

_and

dis-charge

such _other

functions

as may 3e

_specified

in _this

_Act,

or as _{may' be} prescribed.

_by

regulctions.

The

_Registrar

shall be

_deemed

to be a

_public

servant

_within

the

_meaiing

_of section 21 of the _Indiin Penal _Code. and _other

members

of Council _{shall be}

paid

such and

_alltwances

a: vn;h_b;

legfilatiéns.

The

_income

_of the

_Council

shall _{consist of} —

(a)

_registration

fees re—

ceived

_{from the}

practi—

tioners;

(b)

_qrants

received from the

Government,

if _{any; and}

(c)

_gifts

_and

donations

or

any other _sums

raised

_by

the _Council. The _Council

shall

_apply

the

money

obtained

_{under sub—} section

₍₁₎

_{in such}

manner as

may be

_prescribed.

CHAPTER

I I I

REGISTRATION

AND

_ENLISTMENT

Registration

of _nurses,

midwives

, auxi—

liary

nurse

midwives/female

health

_workers,

13.

_(l)

12

Any

pr*:on who

_fulfills

female health

assistants/health

supervisors.

register

years. for a

_period

_of five

(2)

The _{Council shall}

follow _such procedure as _{may be}

prescribed

by regulationsl

(3)

For _the purpose of an _appeal

under the

_provision

of _section

23,

the

_Council

shall be

deemed

to be a _court

within

the

meaning

of _the

Indian

Evidence

_Act,

₁₈₇₂ and _shall

exercise all _the

powers of a

Commissioner

_{under the}

Public

Servants

(Inquiries)

_Act,

1850:

Provided

_that

nothing

con—

tained

in _{any Act}

shall _prev—

ent _the

_Council

from

_holding

an

_inquiry

or

_hearing.

Fee for 14.

_Any

person _shall renew

_his/her

renewal of

registration

in _the manner

pre-registration

scribed

_by

regulations

and on payment of _renewal fees.

Registers

to _15.

(1)

The

_Registrar

shall

_maintain

be

_maintained.

such

_regiscers

as _{may be}

prescribed.

(2)

It _{shall be} the

_duty

_of the

Registrar

to _make entries in the

_register,

from _{time to}

time,

to _{revise the}

same _and to

_issue

certificates

of

registration

in _accordance with _the

provisions

of _this

Act,

and the _rules

made there~ under.

Maintenance

of _16.

(1)

The _Council

shall

_keep

_{a list} list of _persons

practising

as

nurse,auxiliary

nurse

_midwife,

female

_health

worker,female

13 of _such persons

eligible

for under _section 13

practising

as _nurs as are not

registration

but who are es.

a

If _person