Removal of names from the Register and the list.

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.