Chapter VII MISCELLANEOUS

Every Registrar of Births and deaths who receives notice of the death of any person whose name he knows to be or has reason to believes is entered in the register, shall forthwith transmit by post to the Council, a certificate of registration of such death signed by him and stating the time and place of death; and thereupon the name of such person shall be removed from the register.

Any person who—

(a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to any other person,

(b) procures or attempts to procure registration 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

(c) willfully makes or causes to be made any false representation in any matter relating to the register or certificate issued under the provisions of this Act, shall, on conviction, be punished with fine which may extend to two hundred fifty rupees for the first offence and for any subsequent offence with fine which may extend to five hundred rupees or with simple imprisonment for a term which may extend to six month or with both.

Any person who, not being a registered nurse, midwife or health visitor, takes or uses the name or title of registered nurse, midwife or health visitor, or uses any name, title description described uniform object or sign-board with the intention that it may be believed, or with the knowledge that it is likely to be believed, that such person is a registered nurse, midwife or health visitor shall, on conviction, be punished with fine which may extend to one hundred rupees for first offence and for any subsequent offence with fine which may extend to two hundred rupees or with simple imprisonment for a term which may extend to three months or with both.

No court inferior in rank to that of a Magistrate of the First Class shall take cognizance of or try any offence under this Act.

(1) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may be made to provide for all or any matter expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section in subject to the condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days before the state Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or such modifications as the state Legislature may make during the session in which they are so laid, or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

(1) The Council may make by-laws not inconsistent with this Act or the rules namely-

(a) for prescribing the courses of training and examinations entitling a person to registration, the fee payable on application for registration, the form in which such applications shall be made, and the conditions subject to which names shall be entered in the register under section 13;

(b) for prescribing the courses of instruction to be undergone and the manner in which training is to be received, by a person for practicing as a nurse, midwife or health visitor under section 19;

(c) for regulating the compilation, maintenance and publication of the register or list and the conditions of admission or readmission to the register or list;

(d) for regulating the conduct of any examinations which may be prescribed as a condition of admission to the register and any matter ancillary to or connected with such examinations, including the courses of training which the candidate appearing for the examinations shall undergo;

(e) for determining the manner in which the list shall be maintained, the conditions which shall be fulfilled by persons whose names are to be entered in the list, the qualifying examination to be passed by persons whose names are entered in the list and for regulating the conduct of such examinations;

(f) for the approval and recognition of any institutions for the purpose of section 23 and for the granting of diplomas to candidates passing the examinations;

(g) for regulating the conditions under which institutions for nursing the sick, maternity or child welfare may be affiliated to the Council;

(h) for appointing a Register and such other servants as may be necessary;

(i) for regulating the pay, pension, conduct and other conditions of service of persons appointed under clause (h);

(j) for establishing a provident fund for the benefit of the employees of the Council and of affiliated institutions and regulating its administration;

(k) for regulating and supervising the practice of their profession by registered nurses, midwives and health visitors and by persons whose names are entered in the list;

(l) for regulating the publication of the names of registered nurses, midwives and health visitors and of persons whose names are entered in the list and their residence;

(m) for regulating the conditions under which such nurses, midwives and health visitors registered in other States or other countries may be admitted to the register, on such other States and countries granting reciprocal registration to persons registered on the register of the Council;

(n) for determining the form and the manner in which notices under section 21 shall be given;

(o) for determining the manner of inspection of the nurses establishments by the Council, the statements to be furnished and records to be maintained by such establishments;

(p) for regulating the summoning of meetings of the Council and its proceedings;

(q) for determining the manner in which all fees levied under this Act and all moneys received by the Council shall be accounted for, audited and applied for the purposes of this Act, and for regulating the expenditure of the Council generally;

(r) for prescribing the travelling and other expenses payable to the members of the Council or of committees;

(s) generally for the provision of any matters in respect of which the Council considers provision should be made for the purposes of this Act.

(2) No by-law made by the Council shall come into force until it has been confirmed by the State Government, with or without modification or amendment.

(3) All by-law made under this section shall be published in the Official Gazette.

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act, rules or by-laws.

(1) If at any time it shall appear to State Government that the Council has failed to exercise or has exceeded or abused any of the powers conferred upon it by or under this Act, or has failed to perform any of the duties imposed upon it by or under this Act, the State Government may, if it considers such failure, excess or abuse to be of a serious character, notify the particulars thereof to the Council, and if the Council fails to remedy such default, excess or abuse, within such time as the State Government may fix in this behalf, the State Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person or persons and for such period as it may think fit and thereupon the funds and property of the Council shall vest in the State Government for the purposes of this Act until a new Council shall have been constituted under section 3.

(2) When the State Government has dissolved the Council under sub-section (1), it shall take steps as soon as may be convenient to constitute a new Council under section 3 and thereupon the property and funds referred to in sub-section (1) shall revest in the Council so constituted.

(3) Notwithstanding anything contained in this Act, rules or by-laws, if at any time, it shall appear to the State Government that the Council or any other authority empowered to exercise any of the powers or to perform any of the functions under this Act, has not been validity constituted or appointed, the State Government may cause any of such powers or functions to be exercised or performed by such person, in such manner and for such period not exceeding 6 months and subject to such conditions as it thinks fit.

(1) Subject to the provisions of this Part, with effect on and from the date on which the Council is constituted under sub-section (5) of section 3, (hereinafter referred to as ―the specified date‖), the Bombay Nurses, Midwives and Health Visitors Act, 1954 (hereinafter referred to as ―the repealed Act‖) shall stand repealed.

(2) With effect on and from the specified date, the Gujarat (Bombay Area) Nursing Council established under sub-section (1) of section 3 of the repealed Act shall stand dissolved and all the members thereof shall vacate office.

(3) The register and the list maintained or kept under the repealed Act and inforce immediately before the coming into force of part III shall be deemed to be the register and the list respectively under this Act, until the register and the list are prepared under section 12 or 17, as the case may be.

(4) Every institution which immediately, before the specified date continued to be approved and recognized under section 23 of the repealed Act shall be deemed to be approved and recognized under section 23 of this Act.

(5) Any appointment, licence, notification, rule, by-law, form, notice, or order made, issued or given under the repealed Act and subsisting immediately before the coming into force of that Part of this Act to which it relates, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given, under the relevant provisions of this Act and continue in force unless and until superseded by any appointment, licence, notification, rule, by-law, form, notice, or order made, issued or given under this Act.

(6) Nothing in this section shall affect any legal proceeding or remedy in respect of any right, title, interest, obligation or liability acquired, accrued or incurred under the repealed Act and any such legal proceeding or remedy may be instituted, continued or enforced, as if this Act had not been passed.

Save as otherwise provided by or under this Act and unless there is anything repugnant in the subject or context,-

(1) all rights of the Council dissolved under sub-section (2) of section 33 (hereinafter in this section referred to as ―the dissolved Council‖) shall, on the specified date, vest in the Council constituted under sub-section (5) of section 3 (hereinafter in this section referred to as ―the Council‖);

(2) all the property, movable or immovable, which on the day immediately preceding the specified date, vested in the dissolved Council shall subject to all limitations and conditions as were in force on that day, vest in the Council;

(3) all sums due to the dissolved Council on any account shall be recoverable by the Council which shall be competent to take any measure or institute any proceedings which it would have been open to the dissolved Council to take or institute if this Act had not come into operation;

(4) all debts, liabilities and obligations incurred by or on behalf of the dissolved Council, immediately before the specified date and subsisting on the said date, shall be deemed to have been incurred by the Council in exercise of the powers conferred on it by this Act and shall continue in operation accordingly;

(5) all proceedings and matters pending before any authority or officer immediately before the specified date under the repealed Act shall be deemed to be transferred to and continue before the corresponding authority under this Act competent to entertain such proceedings and matters;

(6) all prosecutions instituted by or on behalf of or against the dissolved Council and all suits and other legal proceedings instituted by or against the dissolved Council or any officer of such Council on behalf of the dissolved Council on the specified date shall be continued by or against the Council;

(7) all officers and servants in the employ of the dissolved Council immediately before the specified date shall be the officers and servants employed by the Council and shall, until provision is otherwise made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service or retirement benefits which they were entitled to or subject to on the specified date.