Chapter I PRELIMINARY

(1) This Act may be called the Gujarat Nurses, Midwives and Health Visitors Act, 1968.

(2) It extends to the whole of the State of Gujarat.

(3) (a) Parts I, II, III, VI and VII of this Act shall come into force at once in the whole of the State of Gujarat and shall apply to all persons referred to therein.

(b) Part IV shall come into force on such date and shall apply to such class of persons and in such areas as the State Government may, by notification in the Official Gazette, appoint.

(c) Part V shall come into force in the Bombay Area of the State of Gujarat and shall apply to all persons referred to therein. It shall come into force in such other area of the State on such date as the State Government may, by notification in the Official Gazette, appoint and on such application it shall apply to all persons referred to therein.

In this Act, unless the context otherwise requires—

(a) ―affiliated institution‖ means an institution for the nursing of the sick, maternity or child welfare, which may be affiliated to the Council in accordance with the by-laws;

(b) ―by-law‖ means a by-law made by the Council under section 30;

(c) ―Council‖ means the Gujarat Nursing Council constituted under section 3;

(d) ―electron‖ includes a by-electron;

(e) ―institution‖ includes any association, which maintains or controls nurses’ establishment;

(f) ―licensing authority‖ means in the case of-

(i) a City within the meaning of the Bombay Provincial Municipal Corporations Act, 1949, the municipal corporation constituted for such City,

(ii) a municipal borough within the meaning of the Gujarat Municipalities Act, 1963, a Municipalities borough;

(iii) a gram or nagar within the meaning of the Gujarat Panchayats Act, 1961, the gram panchayat or as the case may be, the nagar panchayat constituted therefore: Provided that the State government may, by notification in the Official Gazette, in respect of any area specify any other authority as the licensing authority for such area;

(g) ―list‖ means a list of nurses, midwives and health visitors prepared and kept under section 17;

(h) ―member‖ means a member of the Council;

(i) ―midwife‖ includes auxiliary nurse midwife and health visitors;

(j) ―nurse‖ includes a male inures and an auxiliary nurse;

(k) ―nurse establishment‖ means any establishment, whether carried on for gain or not, which provides for or is intended to provide for the services of persons to act as nurses, midwives or health visitors to those requiring such services;

(l) ―prescribed‖ means prescribed by rues or bye-laws;

(m) ―register‖ means a register maintained under section 12 and the expressions ―registered‖ and ―registration‖ shall be construed accordingly;

(n) ―registered medical practitioner‖ means-

(i) a person registered under the Bombay Medical Act, 1912, or under that Act as adapted and applied to the Saurashtra Area of the State or under that Act as applied to the Kutch Area of the State or under any corresponding law;

(ii) a registered practitioner as defined in the Gujarat Homeopathic Act, 1963; or

(iii) a registered practitioner as defined in the Gujarat Medical Practitioners Act, 1963;

(o) ―rule‖ means a rule made by the State Government under this Act.