The Arunachal Pradesh Nursing Council Act, 2011

The Arunachal Pradesh Nursing Council A.ct,2011 (Act No. t of 20'12) (Received the assentofthe Governor on 06/1/2012 and Published in the Arunachal Pradesh E.O. Gazette No. 16,Vol-XlX, dated 20th January, 2012) An Act to provide for the establishment of a Nursjng Councjl for the State of Arunachal Pradesh, registration of Nurses, Nursing Midwives, Lady Health Visitors, Auxiliary Nurse-cum-Midwives and Female Health workers with the Council and for matters Ancillary thereto. BE it enacted by the Legislative Assembiy of Arunachal Pradesh in the Sixty-second Year of the Republic of lndia as follows : (1) (2) (3) This Act may be called the Arunachal Pradesh Short title and N ursing CouncilAct, 2011. commence- ment. It shallextend to the whole of the State ofArunachal Pradesh. It shall come into force with effect from the date of their publication in the Official Gazette. 2. ln this Act, unless the context otherwise requires :- Definition

1. (a) "Acf means tleArunachal Pradesh Nursing Council Act, 2011. (b) "Auxiliary Nurse-Cum-Midwives" means persons employed to perform the duties of Female Health Workers or Auxiliary Nurse-cum-Midwives in the Health Cenfe of the community having qualified for training in two years course of Auxiliary Nurse-cum- Midwife with basic qualification ofAll lndia Secondary School Examination (AISSE) or equivalent as constituted under this Act ; (c) "Council' means the Arunachal Pradesh Nursing Council constituted under section 3 of this Act , (d) "Health Visito/' means a person employed as Lady Health Visitors after successfulcompletion of two years Lady Health VisitorsCourse orAuxiliary Nurse-Cum- Midwives with Lady Health Vlsitor training with a minimum qualification of All lndia Secondary School Examination (AISSE) or equivalent. They shall be employed as Supervisors in the Main-Centre / Primary Health Centre and shall be responsible for supervision of Female Health Workers /Auxiliary Nurse-cum-Midwives of the Sub-Centre within theiurisdiction of the concemed Main{entre i
2. (e) 'Heatth workers (Female)'means a person employed to perform he doties of Female Health Worker after successfulcompletion of one and half year training course of Health Worker with minimum qualification of Secondary School Leaving Certificate or equivalent. They shall be employed as Female Health Workers in the Sub- Centre ; (f) 'Nurses" means persons (male and female) appointed to perform he duties ofa Nurse who have successfully completed Nursing Course of three years or above lvith minimum qualification of Higher Secondary School Leaving Certificate, All lndia Higher Secondary Certificate Examination or equivalent. They shall be eligible for employment to various nursing posts , (g) "Nurse-Midwife" means a person appointed to perform the duties of a NurseMidwifuwho has successfully completed anothersix months duration of Midwifery course after successful completion of the prescribed Nursing Course, They shall be eligible for employment as Staff Nurse ; (h) "Official Gazette" means theArunachal Pradesh Gazette ; (i) "Prescribed" means prescribed by rules or regulations made under this Act, 0) "President' means the presidentofthe Nursing Council; (k) "Registef meians a Registerof Nurses, Nurse-Midwives, Lady Health Msitor, Auxiliary N u rse-cu m-M idwives and Health Workers (Female) maintained under section 13 of this Act, and the words 'registered' and 'registration' shall be construed accodingly. (l) "Registraf' means the regulations made by the Council under this Act.
3. (m) "Regulations" means the regulations made by the Council under this Act. (n) "Rules" means the rules made by the State Govemment under this Act. (o) "Section" means a section oftheAct; and
4. (p) 'State G0vernment' means the Government of

The State Government may, by notification in the Official Gazette, establish a Council to be called the 'Arunachal Pradesh Nursing Council', for the purpose of carrying out the provisions of this Act. Such Council shall be a body incorporated and have perpetual succession and a Common Seal, with power to acquire property, both movable and immovable and shall, by the said name, sue and be sued.

(1) The State Government of Arunachal Pradesh shall constitute the Council consisting of the following members, namely : (a) Principal Tutor of each School of Nursing, Government of Arunachal Pradesh and other Private/ Non Government Organization (NGO) Institutions. e.g. Ram Krishna Mission Hospital, Itanagar. (b) Principal Tutor of Auxiliary Nurse-cum-Midwife Training Centre, Health Training and Research Centre Pasighat or equivalent. (c) One Nursing Superintendent from General Hospitals and one Nursing officer from Referral Hospital nominated by the Director of Health Services, (d) Deputy Director of Health Services, Health Training and Research Centre Pasighat or equivalent. (e) Registrar, the Rajiv Gandhi University or his nominee. (f) Registrar of each Arunachal Pradesh Homeopathy Council and Arunachal Pradesh Medical Council. (g) Secretary Education, Government of Arunachal Pradesh or his nominee. (h) One member nominated by the Trained Nurses Association of India, Arunachal Pradesh branch. (i) One Nursing Superintendent from private institution or equivalent. (j) Deputy Director of Health Services (Nursing) or Nursing Officer of Nursing Cell, ex-officio and first Secretary cum Registrar for two years only. (k) Director of Health Services, ex-Officio. (2) The name of every member nominated under sub-section (1) shall be published by the Government in the Arunachal Pradesh Official Gazette. (3) No Act of the Council shall be questioned merely on the ground of the existence of any vacancy of membership in the Council.

(1) PRESIDENT AND VICE-PRESIDENT: At its first meeting, the Council shall proceed to elect the President and Vice-President from amongst the Members thereof. The members present shall elect from amongst themselves a Chairperson for conducting the proceedings till the election of the President is held. Names shall be proposed and seconded by members at the meeting. Votes shall be taken by ballot, each member present having one vote for the election of the President and another one vote for the election of the Vice-President. In case of a tie, the chairperson shall have the right of casting vote. (2) When any vacancy arises in the office of the President or the Vice-President, the Council shall elect the President or the Vice-President as the case may be, at the first meeting, called after such vacancy. (3) The term of the President and the Vice-President shall be two years. The same person shall not be eligible to hold the office of the President for more than two consecutive terms.

(1) Subject to the provisions of sections 7 and 8 and the rules made under this Act, the term of the nominated member shall be of three years. (2) A nominated member shall be eligible for re-nomination as the case may be, after the expiry of his or her term of office. (3) The powers of the Council shall be exercised notwithstanding any vacancies in the number or its members fixed under section 4.

If the President or the Vice-President or any member dies or resigns his or her membership or ceased to be a member as provided in section 8, the vacancies shall be filled by fresh nomination in the case of member as provided by section 4 or by holding election in the case of the President or the Vice-President as provided in sub-section (1) of section 5, as the case may be. Provided that any person nominated or selected to fill a casual vacancy shall hold office only so long as the member in whose place the nomination or election is made would have held office.

The Council may grant leave to any member to absent himself or herself from the meetings of the Council for a period not exceeding six months.

(1) The Council shall meet, ordinarily, at least once in every six months for the transaction of its business, but the President may, whenever he or she thinks fit shall upon a written requisition of not less than seven members and on a date not later than 21 days after the receipt of such requisition call an extra ordinary meeting. Whenever it appears unnecessary to the President to convene meeting, he or she may instead of convening a meeting, circulate a written proposition with the reason for such proposition for the observation and vote of the members of the Council. (2) The Council shall be empowered to regulate : (a) the mode of transaction of business including provisions for decision on emergent matters by circulation of papers to members, and for co-opting persons specially qualified to advise on any particular matters before the Council, (b) the time and place at which its meeting shall be held ; (c) the issue of notices convening such meetings ; (d) the conduct of business there-at ; (e) the constitution of the sub-committees, the delegation to such committees, of any powers or duties of the Council under this Act ; (f) the procedure of the transaction of business shall not be transacted at any meeting of the Council, unless a quorum of six members are present; and (g) all questions arising at any meeting of the Council shall be decided by votes of majority of the members present and voting or in any case of an equality of vote by casting votes of the President to the Council, or in his or her absence, of the member presiding at the meeting. (3) until such time as the regulations referred to in sub-section (1) of section 35 have come into operation, it shall be lawful for the President of the Council to summon a meeting at such time and place, as appear expedient, by letter addressed to each member. (g) ,all questions arising at any meeting of the Council shall be decided by votes of majority of the members present and voting or in any case of an equality of vote by casting votes of the President to the Council, or in his or her absence, ofthe member presiding at the meeting. (3) untlsuch time as the regulations refened to in sub-section (1) of section 35 have come into operation, it shallbe lawfulforthe President of the Council to summon a meeting at such time and place, as appear expedient, by letter addressed to each member.

In accordance with the rules made in this regard, there shall be paid to the members of the Council such fees or travelling expenses for attendance at the meeting of the Council or for inspecting institutions from time to time as may be allowed by the Council.

(1) With tte previous approvalof the State covemment the Councrl : (a) shall appoint the Registrar, (b) maygrant leave to such Registrar and appoint a person to act as such in his place , and (c) shall pay to the Registrar and to the person, if any, appointed to act in his place, such salaries orremuneration and such allowances, if any, as the Council may determine. (2) The Council may appoint such other Oificers, Clerks and other Servants as it may consider necessary for the purpose of this Act, and shall pay them such salary or remuneration and such allowances, if any, as the Council may determine. (3) The State Council shall receivel00% financial grant in-aid from the State Government to meet its expenses on pay and allowances and other service benefit of its Registrar and other employees and also for meeting the accommodation, stationery, equipment, travelling/deamess alloixances and other allowances expenses, but the State Council's account shall be audited annually through the State Government authorities. (4) The Registrar shall act as treasurer to the Council.

15. On receipt of the Death Certificate from prescribed authority, the Council shall remove the name of the deceased person from the Register in which his or her name is entered.

16. lf the Council is satisfied that any entry in the Register has been fraudulently or incorrectly made, the same may be erased underthe order of the Council.

17. (a) Nurses, (b) Nurse Midwives, (c) Lady Health Visitors (d) Heatth Workers (Female) and Auxiliary Nurse-cum-Midwives who have undergone the course of training as prescribed by the Indian Nursing Council from the recognized training lnstitutions, and passed the examination and fulfilled such further conditons as may be prescribed.

18. On receipt of an application in the prescribed form and on payment of such fee, not being less than the fee payable on ordinary application for registration under this Act as the Council may determine, any person shall be entitled to be registered under thisAct, provided to the satisfaction of the Council that he or she has been registered either as Nurse, Nurse-Midwife, Lady Health Visitor, Female Health Worker orAuxiliary Nurse-cum-Midwife in any State outsideArunachal Pradesh in respect of which the Council is satisfied, that the standard of training and examination required for admission to the Register of Nurses, Nurse-Midwives. Lady Health Visitors, Female Health Workers orAuxiliary Nurse-cum-Midwives established under the said Act or provision is not lower than the standard of the kaining and examination required under this Act.

(1) The Council may by order bar, suspend or remove the regisffiion of a Nurse, Nurse-Midwife, Lady Health Vrsit)u Female Health WorkerorAuxiliary Nurse.cum-Midwife on any of the following grounds :- (a) that he or she has been sentenced by any Court of law for any non$ail able offence, or sentence not having been subsequenfy reserved or quashed ; (b) that he or she has been convicted by a Court of law for any offence involving moral turpitude ; (c) that he or she has been guilty of professional misconduct, professional incompetence, negligence of duty, or lack of integrity or professional ethics. or (d) provided that no action shall be taken on the grounds referred to clalses (b) and (c) above of this section unless an enquiry in which an opportunity has been given to the person concerned to state his or her case, has been made and the Councit by a majority of twothirds of the members present andvoting decides that such action should be taken. (e) that any name so removed may afterurards be re-entered in the ReEister and any order of refusal ofregistratiirn passed under su'section (1) may be withdrawn under the direction of the Council given by majority of two-thirds of the members present and voting at the meeting.

20. The regEtration under this Act shall not confer upon any person the right to assume any title, name or designalion implying thal he orshe is Dy law, recognlzed as a MedicalPractitioner. or that he orshe is authorzed to grant any Medical Certificate.

(1) The lnstitution which are approved and recognized by the Council after inspection by its President or any member appointed by the President shall be competent to train Nurses, Nurse Midwives, Lady Health Visitors, Female Health Workers orAuxiliary Nurse -cum-Midwives, and lo send them for examihation for the qualifying certificate of the Council. (2) All the recognized institutions shall be inspected by the resident of the Council or any member appointed by the President at least once in two years.

22. The Councilmay authorize the Registrar orany member to inspect any Hospital, Health lnstitution, Nursing Horne or School of Nursing to asce(ain hat the persons working therein 6 Nurse are registered with tfE Council and, in the case ofa Schoolof Nursing, Auxiliary Nurse-cum-Midwife Training Centre etc., that it conforms to the standards prescribed and the Registrar may call for records and other information from the authority concerned and such authority shall supply alltrue and correct information in its possession.

(1) Whenerrerthe Councilon receiptof an ad erse repoG is of opinion that an enguiry should be made as to the desirability of withdrawing recognition from a particular institution, it shall depute its President and a member forfurther inspection on such terms as it thinks fit and at the sarne time call upon the lnstitution to show cause as to why its recognition should not be withdrawn The Council, after consideration of the report so received and of the explanation, ifany, bythe lnstitution, may ivithdraw the recognition. The orderofsuch withdrawal shall be rn writing and served in the prescribed manner (2) The Council may, for reason to be recorded in writing, derecognized a Schoolof Nursing orsimilar institutil if it is of the opinion that the training standards in the school has fallen short of the requirement, or that it is otherwise no longer desirable to recognize it in pubic interest.

24. Any person or lnstitution aggrieved by an order of the Council under section 19 or section 23 may appeal to the Govemmentwithin thirty days from the date of such orderand the decision ofthe Governmenton the appeal shall be final.

25. No Hospital, School, other similar lnstitution which has not been approved or recognized under sub-section (1) of sectlon 21 shall issue to any person a Certificate or enter the name of any person on a list of register or other documents purporting to show that such person is qualified by having passed any examination or undergone any course of training to practice as Nurse, Nurse-Midwife, Lady Health Visitor, Female Health Worker or Auxlliary Nurse-cum-Midwife unless such person has been registered under this Act.

26. The District Medical Oflicer and Heatth Officer of the District or such other person as may be appointed by the Council shall in consultation with the local authorities and subject to prescribed conditions and restrictions, exercise general supervision over all category of Nurses, Nurse Midwives, Lady Health Visitors, Female Health Workers or Auxiliary Nurse-cum-Midwives within the district and exercise and perform such other powers and duties as may be prescrib€d.

Altet the expiration of seven years from the commencement of thisAct, no Government or pravate Health lnstitution, Hospital, Dispensary, infirmary or lying-in Hospital shall employ any category of Nurse, Nurse-Midwives, Lady Health Visitor, Female Health Workers orAuxiliary Nurse-cum-Midwives, unless he or she is registered under this Act.

Any person who practices pr allows a person to practice as a Nurse, Nurs+.Midwife, Lady Health Msitor, Female Health Worker or Auxiliary Nursetum-Midwife in contravention of section 27 shall be punished with a fine which may extend up to Rs. 2,000 and up to Rs. 200 for each day the otfence crntinues after cuviction.

Any person vrho : (a) Dishonestly makes use of any Certificate of registration issued underthe provisions of thisAct to him or her or any other person ; or (b) Procures or attempt to procure registration under provisions of this Act by making or producing causing to be made or produced any false or fraudulent declaration, or certificate or representation whether in writing orotherwise ; or (c) Willfully makes or causes to make any false representation in any matter relating to the registration of Certificates issued under the provisions of this Act ; or (d) Being the Secretary Manager orother Officer ofa Hospital, School or other lnstitution issues or authorizes the issue of a certificate to any person or enters, or authorizes entry of the name of such person in contravention of section 25 shall be punished with a fine which may extend to two thousand rupees orwith imprisonment for a term $which may extend to six months or with both.

Any person who not being a Nurse, Nurse-Midwife, Lady Health Visitor, Female Health Worker orAuxiliary Nurse-cum-Midwife registered under thisAct, assumes or uses the name or title of Registered Nurse, Nurse-Midwife, Lady Health Visitor, Female Health Worker or Auxiliary Nurse-cum-Midwives or uses any name, title, addition, description or signboard implying that such person is a Registered Nurse; Nurse-Midwives, Lady Health Visitor, Female Health Worker or Auxiliary Nurse-cum-Midwife as the case may be, shall be punished, with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to six months or with both.

(1) The Registrar shall, in every five years, on or before a date to be fixed in this behalfby the Councilcause to be printed and published correct list ofthe names for the time being entered in several parts of the Registers of Registered Nurses, Nurse-Midwives, Lady Health Visitors, Female Health Workers or Auxiliary Nurse-cum-Midwives, setting forth :- (a) allthe names entered in several parts of the respective Registers arranged in alphabetical order according to surnames ; (b) the reg isiered addess or appointrnent of each person whose name is so entered in the registers ; and (c) the registered qualification of each, such person and the date on which such qualification was certified. (2) Every C6irrt shall presume that any person whose name is entered in the latest such list is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act. Provided that in the case ofany person whose name does not appear in such printed lists, has a certified copy, signed by the Registrar of the entry ofthe name of such peEon in a Registerof Nurses, Nurse-Midwives, Lady Health Visitors, Female Health Workers orAuxiliary Nurse-cum-Midwives shall be evidence that suoh person is registered under this Act. Provided f.urther that a certificate purporting to be signed by the Registrar stating that the name of a person on the printed Register of Nurses, Nurss. Midwives, Lady Health Visitors, Female Health Workers orAuxiliary Nurse-cum-Midwives, as the case may be, has been removed ftom such Regbter . specifying the date of such removal be evidence that such person is not registered under this Act and ofthe date from which he or she ceased to be so registered.

No Court of Iaw lower than of a Magistrate of First Class shall try any offences under this Act.

No Magistrate shall take cognizance of.any offence punishaHe under this Act except upon complaint made by the Council.

(1) The State Government may by notification in the Ofiicial Gazette make rules to carry out all or any of the purposes of this Act. (2) ln particular and without preludice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely : (a) Prescription ofthe period of less than 3 years forwhich a member of the Council may hold offlce under section 6 ; (b) Prescription of the manner in which nomination and election of President and Vice-President shall be made and casual vacancies shall be filled under sections 5 and 7 ; (c) Prescription of the form in which a Register shall be kept, the particulars to be entered in such Register, and the parts in which such Register shall be divided under section '13 ; (d) Prescription of the manner in which an order of removal or refusal shall be served on persons under section 19 ; (e) Prescription of the fees payable in respect of an appeal under section 24; and (f) Any matterwhich is to be or may be prescribed.

No suit or other legal proceedings shall be instituted against any person for anything done or intend'ed to be done in good faith under this Act, rules or regulations made there-under.

Every person appointed under sub-section (1) and (2) of section 12 shall be deemed to be a public servant within the meaning of section 21 of the lndian penal code, 1860 (45 of 1960).