Chapter II Chapter II

Constitution, Functions and Powers of the Council

1. (1) The Government may, by notification in the Official Gazette, constitute a Council to be called the Goa Nursing Council;
2. (2) The Council shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract and may by the name aforesaid sue and be sued.
3. (3) The Council shall consist of the following members, namely:—
   • (a) Ex officio Members:
     • (i) the Director of Health Services;
     • (ii) the Dean, Goa Medical College;
   • (b) Nominated Members:
     • (i) four head nurses (by whatever name called) having minimum qualifications of Bachelor’s Degree in nursing, from hospitals in the State, to represent each hospital, namely, the Goa Medical College and Hospital, Institute of Psychiatry and Human Behaviour, Mormugao Port Trust Hospital, Government District Hospitals of North and South Goa and Employees State Insurance Hospital, to be nominated by the Government by rotation;
     • (ii) three members to be nominated by the Government out of whom one shall be a Public Health Nurse and one each shall be from amongst auxiliary nurse-midwives and teachers of recognized nursing schools/colleges in the State.
   • (c) Elected Members:
     • (i) one member, to be elected from amongst the principals of colleges conferring degree in nursing, by themselves;
     • (ii) one member, to be elected from amongst the faculty conferring degree in nursing by themselves;
     • (iii) one member to be elected from amongst the faculty conferring diploma in auxiliary nursing midwifery by themselves;
     • (iv) one member to be elected by members of the Trained Nurses Association of India (Goa Branch), from amongst themselves;
     • (v) one member, to be elected by the nurses whose names are entered in the register, from amongst themselves.
4. (4) The President and the Vice-President of the Council shall be elected by the members from amongst themselves.
5. (5) The election of the members and of the President and the Vice-President shall be held at such time, and at such place and in such manner, as may be prescribed.
6. (6) If at any election, the electors fail to elect the requisite number of members or the

President, or the Vice-President, the Government shall nominate such person or persons who are qualified to be elected, as it deems fit, to fill up the vacancy or vacancies; and the person or persons so nominated shall be deemed to have been duly elected under this section.

1. (7) Where any dispute arises regarding any election of a member or the President or Vice- President, it shall be referred to the Government and the decision of the Government shall be final.
2. (8) The Government shall, by notification in the Official Gazette, publish the names of both elected and nominated members.

1. (1) Save as otherwise provided in this Act, a member whether elected or nominated, shall hold office for a period of three years from the date of publication of the notification under sub-section (8) of section 3, for a maximum of two terms.
2. (2) Save as otherwise provided in this Act, the President and the Vice-President shall hold office from the date of their election upto the date on which their term of office as a member expires.
3. (3) The term of office of an outgoing member shall, notwithstanding anything contained in sub- section (1), be deemed to extend to and expire on the day immediately preceding the day on which the names of the successor members are published under sub-section (8) of section 3.
4. (4) An outgoing member, the President and the Vice-President, shall be eligible for re-

election or re-nomination, subject however to the maximum term as specified in sub-section

(1).

1. (1) Any casual vacancy in the office of the President or the Vice-

by election: Provided that, any such vacancy in the office of such elected member occurring within six months prior to the date on which the term of office of all the members expires, shall not be filled.

1. (2) Any casual vacancy, previous to the expiry of the term, in the office of the member nominated under clause (b) of sub-section (3) of section 3, shall be reported forthwith by the Registrar to the Government, and shall, as soon as possible thereafter, be filled by the Government by nomination.
2. (3) Any person elected under sub-section (1) or nominated under sub-section (2) to fill up a casual vacancy shall, notwithstanding anything contained in section 4, hold office only so long as the person in whose place he is elected or nominated would have held office, if the vacancy had not occurred.

1. (1) The President or the Vice-President may at any time resign his office by a notice in writing addressed to the Council and delivered to the Registrar. The resignation shall take effect from the date on which it is accepted by the Council.
2. (2) An elected member may at any time resign his office by a notice in writing addressed to the President. A nominated member may at any time resign his office by a notice in writing addressed to the Government. Every such resignation shall take effect from the date on which it is accepted by the President or the Government, as the case may be.

1. (1) A person shall be disqualified for being elected or nominated as, and for continuing as, a member,—
   • (a) if he is an undischarged insolvent;
   • (b) if he is of unsound mind, and stands so declared by a competent court;
   • (c) if his name has been removed from the register and has not been re-entered therein;
   • (d) if he is a whole-time officer or servant of the Council;
   • (e) if he has completed sixty-five years of age; or
   • (f) if he is convicted of an offence involving moral turpitude within a period of five years immediately before he’s being elected or nominated as a member.
2. (2) If any member absents himself from three consecutive meetings of the Council, without leave of the Council or without such reasons as may, in the opinion of the Council, be sufficient, the Council may declare his seat vacant, and take steps to fill up the vacancy.
3. (3) If any member becomes disqualified or is found to be subject to any of the disqualifications mentioned in sub-section (1), the Council shall submit a report to the Government, and the Government, if satisfied about the disqualification, shall declare his seat vacant.
4. (4) Notwithstanding anything contained in this Act, the Government may remove a member from office, if the Council decides at a meeting by two-third majority of its total membership that the continuation of a member in office is prejudicial to the interest of the Council.

1. (1) The meetings of the Council shall be convened, held and conducted in such manner as may be prescribed.
2. (2) The President, when present, shall preside over every meeting of the Council. If at any meeting the President is absent, the Vice-President, and in the absence of both, some other member elected by the members present, from amongst themselves, shall preside over such meeting.
3. (3) All questions at a meeting of the Council shall be decided by a majority of votes.
4. (4) In case of equality of votes, the presiding authority at a meeting shall have and exercise a second or a casting vote.
5. (5) Five members (including the President and the Vice-President) shall form a quorum. When a quorum is required but not present, the presiding authority shall adjourn the meeting to such hour on some future day, as it may notify on the notice board at the office of the Council; and the business which would have been brought before the original meeting had there been a quorum thereat, 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.

1. (1) No disqualification of or defect in

act or any proceedings of the Council in which such person has taken part, whenever the majority of persons who are parties to such act or proceedings, were entitled to vote.

1. (2) During any vacancy in the Council, the continuing members may act, as if no vacancy has occurred: Provided that, the number of vacancies shall, at any time, not exceed four.

Subject to the provisions contained in this Act, the powers, duties and functions of the Council shall be,—

1. (a) to maintain the register and the list, and to provide for the registration and enlistment of nursing personnel;
2. (b) to hear and decide appeal from any decision of the Registrar;
3. (c) to prescribe a code of ethics for regulating the professional conduct of nursing personnel;
4. (d) to reprimand a registered or an enlisted nursing personnel or to suspend or remove his name from the register and the list, or to take such other disciplinary action against him as may, in the opinion of the Council, be necessary or expedient;
5. (e) to hold examinations and to make all necessary arrangements for such examinations;
6. (f) to prescribe the courses or training leading to the examinations held by the Council, and to charge fees for such examinations;
7. (g) to prepare, publish and prescribe text-books and to publish statements of prescribed courses of study;
8. (h) to grant certificates and diplomas and marks of honour;
   • (i) to award stipends, scholarships, certificates of merit, medals, prizes and other rewards;
9. (j) to recognize institutions for the purpose of training and giving instructions for the courses leading to the examinations held by the Council, or to cancel such recognition;
10. (k) to inspect nursing establishments and to regulate the functioning of such establishments;
11. (l) to provide for the inspection of recognized and affiliated institutions, and to require such institutions to furnish such information as may be necessary;
12. (m) subject to the approval of the Government, to receive donations and to determine the conditions of acceptance of donations; and
13. (n) to exercise such other powers and perform such other duties and functions as are laid down in this Act, or as may be prescribed.

1. (1) The Council shall, as soon as may be, constitute an Executive Committee consisting of the President ex-officio, and such number of other members elected by the Council from amongst its members, as may be prescribed. The term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the Executive Committee, shall be such as may be prescribed.
2. (2) In addition to the powers, duties and functions conferred, imposed and entrusted by this Act, the Executive Committee shall exercise such powers, perform such duties and discharge such functions of the Council as may be entrusted to it, from time to time, by the Council.
3. (3) The Council may, subject to any rules made in this behalf, from time to time, by

resolution passed at a meeting, appoint any other Committee or Committees of its members, consisting of such number of persons, on such terms and for performing such functions, as may be specified in the resolution.

1. (1) The Council shall constitute an Examination Board consisting of a Chairman and six members, out of whom three shall be members of the Council and other three shall be nominated by the Council from amongst prominent academicians. The Chairman of the Examination Board shall be a person with such qualification as may be prescribed: Provided that, an elected member of the Council shall continue to hold office of a member of the Examination Board only so long as he is a member of the Council.
2. (2) The term of office of, and the manner of filling casual vacancies among, and the procedure to be followed by, the members of the Examination Board shall be such as may be prescribed.
3. (3) It shall be the duty of the Examination Board to appoint examiners, to conduct examinations held by the Council and to make recommendations to the Council in respect of the courses of studies, and to perform such other duties and functions in connection with the said examinations as may be prescribed.

The President, the Vice-President and other members of the Council and members of the Executive Committee and other Committees, if any, appointed by the Council, and the Chairman and members of the Examination Board shall be paid, such fees and allowances for attendance at meetings, and such travelling allowance, as shall, from time to time, be prescribed.

1. (1) The income of the Council shall consist of—
   • (a) fees received under this Act or the rules or regulations;
   • (b) grants received from the Government, if any; and
   • (c) any other sums received by the Council.
2. (2) It shall be competent for the Council to incur expenditure for the following purposes, namely:—
   • (a) salaries and allowances of the Registrar and the staff of the Council.
   • (b) fees and allowances to be paid to the persons mentioned in section 13;
   • (c) remuneration to be paid to the examiners and other persons appointed by the Council for the conduct of the examinations;
   • (d) such other expenses as are necessary for performing it’s duties and discharging it’s functions under this Act, or the rules or regulations. Registrar of Council and his duties and functions.— (1) The Council shall, with the previous sanction of the Government, appoint a full time Registrar and if there need be, due to workload, a Deputy Registrar.
3. (2) The Executive Committee may, from time to time, grant leave to the Registrar: Provided that, if the period of leave does not exceed one month, the leave may be granted by President.
4. (3) The Registrar may, from time to time, grant leave to the Deputy Registrar.
5. (4) Deputy Registrar shall act as a Registrar during his absence. If the Deputy Registrar is not appointed then during any temporary vacancy in the office of the Registrar due to leave or any other reason, the Executive Committee may, with the previous sanction of the Government, appoint another person to act in his place and any person so appointed shall, for the period of such appointment, be deemed to be the Registrar for the purpose of this Act: Provided that, when the period of such vacancy does not exceed one month, the appointment may be made by the President, who shall forthwith report about such appointment to the Executive Committee, and the Government.
6. (5) The Council may, with the previous sanction of the Government, suspend, dismiss or remove any person appointed as the Registrar or Deputy Registrar or impose any other penalty upon them.
7. (6) Save as otherwise provided in this Act, the qualifications, salary and allowances and other conditions of service of the Registrar and Deputy Registrar shall be such as may be prescribed.
8. (7) The Registrar shall be the Secretary and the Executive Officer of the Council. He shall attend all meetings of the Council, and of the Executive Committee and of the Examination Board, and shall keep minutes of the names of the members present and of the proceedings of such meetings.
9. (8) The accounts of the Council shall be kept by the Registrar in the prescribed manner.
10. (9) The Registrar shall have such supervisory powers over the staff as may be prescribed, and may perform such other duties and discharge such other functions as may be specified in this Act, or as may be prescribed.
11. (10) The Registrar appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

1. (1) The Council may appoint such officers and servants, other than the Registrar, as it may deem necessary for performing it’s duties and discharging it’s function under this Act: Provided that the number and designations of such officers and servants and their qualifications, salaries and allowances and conditions of service shall be determined by the Council, with the previous sanction of the Government, by regulations made in this behalf.
2. (2) Nothwitstanding anything contained in sub-section (1), but subject to such financial limit as may be laid down in this behalf by the Council, it shall be competent for the Executive Committee to create temporary posts of clerks or servants and to make

appointments thereto, to meet any temporary increase in work, or to carry out any work of a seasonal character.