Chapter III Chapter III

Registration and Enlistment

1. (1) As soon as may be after the appointed day, the Registrar shall prepare and maintain thereafter a Register of nursing personnel for the State in accordance with the provisions of this Act.
2. (2) The Register shall be in such form and may be divided into such parts as may be prescribed. It shall include the full name, address and qualifications of the nursing personnel, the date on which each qualification was granted, and such other particulars as may be prescribed.
3. (3) Any person who holds any of the recognised qualifications included in the Schedule to

the Indian Nursing Council Act, 1947 (XLVIII of 1947) shall, subject to any conditions laid down by or under the said Act, at any time, on an application made in the prescribed form to the Registrar and on payment of the prescribed fee and on presentation of his degree, diploma or certificate, be entitled to have his name entered in the register: Provided that, the name of an applicant who is unable to present his degree, diploma or certificate may be entered in the Register, if he satisfies the President that he holds such degree, diploma or certificate but for sufficient cause cannot present the same with his application.

1. (4) Every registered nursing personnel shall be given a certificate of registration in the prescribed form. Such certificate shall be valid upto the date specified therein.

1. (1) Every registered nursing personnel within three months prior to the expiry of his registration shall apply to the Registrar and pay to the

Council a renewal fee of such amount as may be prescribed for the continuance of his name on the register.

1. (2) (a) If the renewal fee is paid on or before the due date, the Registrar shall issue to the registered nursing personnel a renewal slip in the prescribed form specifying the date upto which the validity of the certificate of registration has been extended.
   • (b) If the renewal fee is not paid by the due date, the Registrar shall remove the name of the defaulting person from the register. On such removal, the certificate of registration issued to the nursing personnel shall be deemed to have been cancelled:

Provided that, the name so removed may be re-entered in the Register on payment of the outstanding renewal fee, and such penal fee as may be prescribed in this behalf. On receipt of such fees, the Registrar shall issue a renewal slip as provided in clause (a).

1. (1) 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 thereunder, and the Orders of the Council.

1. (2) The names of registered nursing personnel who die or whose names are directed to be removed from the Register under section 24 shall be removed therefrom.
2. (3) Any person whose name is entered in the Register and who subsequent to his

name recorded in the Register.

1. (4) Subject to the provisions of section 11 of the Indian Nursing Council Act, 1947

(XLVIII of 1947), any person whose name is entered in the Register and who subsequent to his registration obtains any recognized higher qualification, shall, on an application made in this behalf with documentary proof and on payment of the prescribed fee, be entitled to have an entry, stating such qualification, made against his name in the Register.

1. (5) Where it is shown to the satisfaction of the Registrar that a certificate of registration has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee, issue a duplicate certificate.

1. (1) No person who possesses a certificate of nurse, auxiliary nurse midwife, multipurpose health worker, health visitor, health supervisor, etc., granted by any authority in any place outside the territory of India (other than the qualification specified in the Schedule of the Indian Nursing Council Act, 1947 (XLVIII of 1947) shall be registered under this Act, unless the procedure specified in sub-section (2) has been followed.
2. (2) Any person, who holds any such qualification, may apply to the Council by giving a correct description of his qualification with the dates on which they were granted and by presentation of his degree or diploma or certificate and evidence of having the requisite knowledge and skill for efficient practice as a nursing personnel. If the Council is satisfied that the degree or diploma or certificate held by the applicant is such as to secure the possession by the applicant of the requisite knowledge and skill for efficient practice as a nursing personnel, the Council may, with the previous approval of the Indian Nursing Council and on payment of a prescribed fee, enter his name in the register.

Notwithstanding anything contained in sections 17 and 20, no person, whose name has been removed from any register kept under this Act or any other law for the time being in force in India regulating the registration of nursing personnel on the ground of professional misconduct, shall be entitled to have his name entered in the register, unless his name is duly ordered to be restored in the register from which it was so removed.

1. (1) Any person not being a citizen of India who is employed as a nurse, midwife, auxiliary nurse-midwife, teacher or administrator in any hospital or institution situated in the State for purposes of teaching, research or charitable work desires to be enrolled temporarily in the register shall make an application in the prescribed form to the Registrar and shall pay fee as may be prescribed. On receipt of such application, the Registrar shall seek the approval of the President of the Council constituted under the Indian Nursing Council Act, 1947 (XLVIII of 1947) for temporary enrolment of the applicant in the register, and enroll his name in the register of temporary enrolment for such period as may be specified in this behalf in the order issued by the said President.
2. (2) Every person whose name is entered in the register of temporary enrolment under sub- section
3. (1) shall be given a certificate of temporary registration in the prescribed form. Such certificate shall remain in force for such period as may be specified therein.
4. (3) Any person who possesses temporary registration under sub-section (1) shall not be eligible to contest, or to vote at, any election held under this Act.

1. (1) As soon as may be, after the appointed day, the Registrar

shall, in accordance with the provisions of this Act, prepare and maintain thereafter a list of persons practicing as nursing personnel, but not entitled to have their names entered in the register under section 17.

1. (2) No person other than the person registered under this Act or a person whose name is entered in the list under sub-section (1), shall practice as a nursing personnel: Provided that any person whose name has been removed from the register maintained under this Act or under any other law for the time being in force in any part of India, or from the register of any other country on the ground of any professional or other misconduct, shall not be entitled to have his name entered in the list.
2. (3) The provisions of sub-section (2) of section 17 and of sections 18 and 25 shall, mutatis mutandis, apply to the list prepared under this section.

1. (1) If a person whose name is entered in the register or list, after due enquiry held by the Council or by the Executive Committee in the prescribed manner, is found guilty of any misconduct, the Council may,—
   • (a) issue a letter of warning to such nursing personnel; or
   • (b) direct the name of such nursing personnel,—
     • (i) to be removed from the register or the list for such period as may be specified in the direction; or
     • (ii) to be removed from the register or the list permanently. Explanation.— For the purposes of this section, “misconduct” shall mean,—
   • (a) the conviction of a registered nursing personnel by a criminal court for an offence

which involves moral turpitude, and which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); or

1. (b) the conviction under the Army Act, 1950 (Central Act 46 of 1950) of a registered

nursing personnel, subject to the military law, for an offence which is cognizable within the meaning of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); or

1. (c) any conduct, which, in the opinion of the Council, is infamous in relation to the nursing profession, and particularly under, any Code of Ethics as may be prescribed by the Council in this behalf or by the Indian Nursing Council.

1. (2) If the name of any registered nursing personnel is also entered by any other authority in the register or the list, maintained under any other law and it is removed from the said register or the said list, the Council shall, if such removal comes or brought to it’s notice, also remove the name of such registered nursing personnel from the register or the list maintained under this Act.
2. (3) It shall be the duty of the Registrar to intimate the public and the Indian Nursing Council of such removal.
3. (4) The Council may, on sufficient cause being shown, direct at any subsequent date that the name of nursing personnel removed under sub-section (1) shall be re-entered in the register or list on such conditions and on payment of such fee, as may be prescribed.
4. (5) Any person aggrieved by any order of the Council made under this section may, within three months from the date on which the order is communicated to him/her, may appeal against such order to the Government. The order of the Government on such appeal shall be final.
5. (6) The Council may, of its own motion, or on the application of any person, after due and proper inquiry and after giving an opportunity to the person concerned of being heard, cancel or alter any entry in the register, or the list if in the opinion of the Council, such entry was fraudulently or incorrectly made.
6. (7) In holding any inquiry under this section, the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit, in respect of the following matters, namely:—
   • (a) enforcing the attendance of any person and examining him on oath;
   • (b) compelling the production of documents;
   • (c) issuing of commissions for the examination of witnesses.
7. (8) All inquiries under this section shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860).
8. (9) (a) For the purpose of advising the Council or the Executive Committee, as the case may be, on any question of law arising in any inquiry under this section, there may in all such inquiries be an assessor, who has been not less than ten years,—
   • (i) an advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961) as in force; or
   • (ii) an attorney of a High Court.
   • (b) Where an assessor advises the Council or the Executive Committee on any question of law as to evidence, procedure or any other matter, he shall do so in the presence of every party or person representing a party, to the inquiry who appears thereat or if the advice is tendered after the Council or the Executive Committee has begun to deliberate as to its findings, every such party or person as aforesaid shall be informed as to what advice the assessor has tendered. Such party or person shall also be informed if in any case the Council or the Executive Committee does not accept the advice of the assessor on any such questions as aforesaid.
   • (c) Any assessor under this section may be appointed either generally, or for any particular inquiry or class of inquiries, and shall be paid the remuneration as prescribed.

After every three years, the Registrar shall cause to be printed and published a correct list of all nursing personnel for the time being entered in the register.

1. (2) The Registrar shall cause to be printed or published annually on or before a date to be decided by the Executive Committee, an addendum and/or a corrigendum to the list published under sub- section (1), showing,—
   • (a) the names of all nursing personnel for the time being entered in the register and not included in any subsisting list already printed and published;
   • (b) the names of all nursing personnel included in any subsisting list, whose names

have since been removed on account of any reason whatsoever from, and not re-entered in, the register; and

1. (c) any other amendments to the subsisting list.

1. (3) The form of the list published under sub-section (1), the particulars to be included therein, and the manner of it’s publication, shall be such as may be prescribed. A copy of the list referred to in sub- -section (1) shall be evidence in all Courts, and in all judicial or quasi-judicial proceedings, that the persons whose names specified therein are registered according to the provisions of this Act, and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered according to the provisions of this Act:

Provided that, in the case of any person whose name does not appear in such copy, a certified copy under the hand of the Registrar of the entry of the name of such person on the register shall be evidence that such person is registered under the provisions of this Act.

Notwithstanding anything contained in any law for the time being in force, the expression “legally qualified nurse, auxiliary nurse- midwife, multipurpose health worker, health visitor” or any word imparting a person recognized by a law as a registered member of the nursing profession shall, in all Acts of the State Legislature and in all Central Acts (in their application to the State of Goa) in so far as such Acts relate to any matters specified in List II or List III in the Seventh Schedule to the

Constitution of India, include a nursing personnel, whose name is entered in the register under this Act.

1. (1) Any person aggrieved by any decision of the Registrar under this Act may, within the period of one month from the date on which the decision is communicated to him, appeal to the Council, which shall hear and determine the appeal in the prescribed manner.
2. (2) Save as otherwise provided in the Indian Nursing Council Act, 1947 (XLVIII of 1947), every decision of the Council under this Act shall be final.

The provisions of this Act are in addition to, and not in derogation of, the provisions of the Indian Nursing Council Act, 1947 (XVIII of 1947).