Chapter VII Chapter VII

Miscellaneous

Any person who,—

1. (a) dishonestly makes use of any certificate of registration or enlistment issued under the provisions of this Act to him or any other person;
2. (b) procures or attempts to procure registration or enlistment under the provisions of 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
3. (c) willfully makes or causes to be made any false representation in any matter relating

to the register or the list maintained or any certificate issued under the provisions of this

Act, shall, on conviction, be punished,—

1. (i) for the first offence, with fine which may extend to two thousand rupees;
2. (ii) for any subsequent offence, with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

Any person who, not being a registered or enlisted nursing personnel, takes or uses the name or title of registered or enlisted nursing personnel, or uses any name, title, description, prescribed uniform, object or sign-board with the intention that it may be believed, or with knowledge that it is likely to be believed that such person is registered or, as the case may be; an enlisted nursing personnel, shall, on conviction, be punished—

1. (a) for the first offence, with fine which may extend to five thousand rupees;
2. (b) for any subsequent offence, with simple imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.

1. (1) If the person committing an offence under section 33 or

the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence under sections 33 or 34 has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purpose of this section,—
   • (a) “company” means a body corporate and includes a partnership firm or other association of individuals; and
   • (b) “director” in relation to a company means a partner in the partnership firm.

No Court other than the Court of Judicial Magistrate of the First Class shall take cognizance of or try any offence under this Act.

1. (1) Any offence punishable under this Act with fine only may, before the institution of the prosecution, be compounded by such person as may be authorized by the Government, on payment to that person, for the credit to the Government,

of such sum as may be specified by that person not exceeding the maximum amount of fine which may be imposed for that offence.

1. (2) Where an offence is compounded under sub-section (1), no proceeding shall be taken against the offender in respect of the offence so compounded.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or under the rules or regulations made thereunder.

1. (1) The Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (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:—
   • (a) under section 3(5), the time, place and manner of holding elections of members, the President and the Vice-President of the Council;
   • (b) under section 8(1), the manner of convening, holding and conducting meetings of the Council;
   • (c) under section 10(n), the other powers to be exercised and other duties and functions to be performed, by the Council;
   • (d) under section 11, the number of members of the Executive Committee, their term of office, the manner of filling casual vacancies, the procedure to be followed by them;
   • (e) under section 12, the qualifications which the Chairman of the Examination Board shall have, the term of office of members of the Board and the manner of filling casual vacancies, procedure to be followed and other duties and functions of the Board;
   • (f) under section 13, the fees and allowances to be paid to the President, Vice-

President, members of the Council, Executive Committee and other Committees and the

Chairman and members of the Examination Board;

1. (g) under section 15, qualifications, salary, allowances and other conditions of service of the Registrar, Deputy Registrar and the manner of keeping accounts and supervisory powers and other duties and functions of the Registrar;
2. (h) under section 17, the form of Register, parts into which it shall be divided and particulars it shall include, form of application fee to be paid, and form of certificate of registration;
   • (i) under section 18, the renewal fee for continuation of name on the Register, form of renewal slip and penal fee to be paid for failure to pay renewal fee in time;
3. (j) under section 19, the fee for recording change in name and for making entry regarding recognized higher qualification, in the Register or List and also fee for issuing duplicate certificate of registration or enlistment;
4. (k) under section 20, fee for entering the name of person in the register who is holding qualifications as specified therein;
5. (l) under section 22, the fee to be paid, the form of application for temporary registration and of certificate of such registration;
6. (m) under section 23(3), the form List, parts into which it shall be divided and other particulars it shall include, form of application, fee, and renewal fee to be paid and the form of certificate of enlistment;
7. (n) under section 24, the manner of holding inquiry and conditions and fee payable for re- entering the name in the Register and the List;
8. (o) under section 25, the form of list of all nursing personnel, particulars to be included therein and manner of its publication;
9. (p) under section 27, the manner of hearing and determining appeals by the Council;
10. (q) under section 32, the form of notice to be given to the Licensing Authority and the particulars which shall contain in such notice;
11. (r) under section 35, the form and the manner in which, the application for license to establish nursing establishment shall be made and the fee to be accompanied with such application and memorandum of appeal;
12. (s) any other matter which is to be or may be prescribed under this Act.

1. (1) The Council may, with the previous sanction of the Government, by notification, make regulations consistent with the provisions of this Act or the rules made thereunder to carry out the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing powers, such regulations may provide for,—
   • (a) the examinations to be held by it;
   • (b) the qualifications for admission to examinations and the courses of studies for the examinations;
   • (c) the standards of passing;
   • (d) the certificate or other awards to be conferred upon those who pass the examinations and manner of conferring such awards;
   • (e) the conditions of appointment of examiners, paper setters, moderators and other persons appointed and remuneration to be paid to them for the conduct of examinations and the fee to be charged in connection with the examinations;
   • (f) the conditions of affiliation of institutions;
   • (g) the conditions for recognition of institutions;
   • (h) the number of students to be admitted to recognized institutions;
     • (i) the language in which instructions shall be given in recognised institutions;
   • (j) the manner, in which the accounts of the Council shall be kept by the Registrar;
   • (k) the supervisory powers of the Registrar over the staff;
   • (l) the fee payable for the copies of the order of the Council or of the Registrar and for the supply of a copy of any entry from the Register or List;
   • (m) the dress code for nursing personnel.
3. (3) The Government on receiving the draft regulations may sanction or refuse to sanction

the same, or sanction subject to such modifications as it may think fit, or return them to the

Council for further consideration.

1. (4) All regulations, when sanctioned, shall be published in the Official Gazette by the Government.

1. (1) If at any time it appears to the Government that the Council or its President or Vice-President has failed to exercise, or has exceeded or abused any of the powers conferred upon it or him by or under this Act, or has ceased to function, or has become incapable of functioning, the Government may, if it considers such failure, excess, abuse or incapacity to be of a serious character, notify the particulars thereof to the Council or the President or the Vice-President, as the case may be. If the Council or the President or the Vice-President fails to remedy such failure, excess, abuse or incapacity

within such reasonable time as the Government may fix in this behalf, the Government may remove the President or the Vice-President or dissolve the Council, as the case may be, and in case of dissolution of the Council, cause all or any of the powers, duties and functions of the Council to be exercised, performed and discharged by an administrator or any person of eminence as may be appointed by the Government, for such period as may be decided by the Government not exceeding two years, and shall take steps to constitute, a new Council.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published by notification in the Official Gazette, make such provisions consistent with the provisions of this Act as appear to it to be necessary or expedient for the purposes of removing difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.,

Secretariat Porvorim-Goa. Dated: 3-10-2012. PRAMODV. KAMAT Secretary to the Govt. of Goa, Law Department (Legal Affairs)

¹ Substituted by the First Amendment Act 5 of 2014 Original clause read as follows :- ―auxiliary nurse–

________________________________________________________________________________ midwifemeans a person who possesses a certificate of auxiliary nurse-midwife, recognized by the Indian Nursing Council for practicing auxiliary nursing and auxiliary midwifery in public and private sectors and registered under section 17;

² Substituted by the First Amendment Act 5 of 2014 Original clause read as follows : (k) ―nurse means a person who

possesses requisite qualification in nursing, either Bachelor’s degree in nursing or course in nursing having at least six months duration from recognized University/Institution;