The Haryana Nurses and Nurse Mid-wives Act, 2017

(1) This Act may be called the Haryana Nurses and Nurse-Midwives Act, 2017. (2) It shall come into force at once.

In this Act, unless the context otherwise requires,- (a) "Council" means the Haryana Nurses and Nurse-Midwives Council established under section 3; (b) "Executive Committee" means the Executive Committee of the Council constituted under section 13; (c) "Government" means the Government of the State of Haryana in the Administrative Department; (d) "Government Nursing Institution" means any nursing school or college situated in the State, established and administered by the Central Government or Government or any local body, providing degree, diploma or certificate course in nursing as recognized by the Indian Nursing Council; (e) "Institution" means any institution recognized by the Council for the training of a nurse or nurse-midwife or both; (f) "Nurse" means any person who holds a certificate in nursing granted by any institution and shall also include male nurse; (g) "Nursing Course" means a course for giving degree, diploma or certificate in nursing as notified by the Government; (h) "Nurse-Midwife" means any person who holds a certificate in General Nursing Midwifery or Auxiliary Nursing Midwifery granted by any institution; (i) "Prescribed" means prescribed by the rules made under this Act; (j) "Private Nursing Institution" means any private nursing school or college situated in the State, established and administered by not by Central Government or Government or any local body, providing degree, diploma or certificate course in nursing as recognized by the Indian Nursing Council and it also includes aided and unaided institution; (k) "Registrar" means the Registrar appointed under section 16; (l) "Regulations" means the regulations made under this Act; (m) "State" means the State of Haryana.

(1) The Government shall, by notification, constitute a body known as the Haryana Nurses and Nurse-Midwives Council to exercise the powers conferred upon it and to perform the functions assigned to it under this Act. (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 shall, by the said name, sue and be sued. (3) The headquarters of the Council shall be at Panchkula.

The Government shall, by notification, constitute the Council consisting of the following members, namely:- (i) Director General or Director, Medical Education and Research Department, as the case may be, shall be the Chairperson; (ii) Additional Director, Medical Education and Research Department, shall be the Vice-Chairperson; (iii) One representative of the Director General, Health Services, Haryana, Panchkula having experience in the field of nursing or nominee shall be ex-officio member; (iv) Head of Department or Professor of Obstetrics and Gynaecology, Post Graduate Institute of Medical Education and Research, Rohtak shall be ex-officio member; (v) Head of Department or Professor of Obstetrics and Gynaecology, Kalpana Chawla Government Medical College, Karnal shall be ex-officio member; (vi) Head of Department or Professor of Obstetrics and Gynaecology, Shaheed Hasan Khan Mewati Government Medical College, Nalhar, District Mewat shall be ex-officio member; (vii) Head of Department or Professor of Obstetrics and Gynaecology, Bhagat Phool Singh Government Medical College for Women, Khanpur Kalan, District Sonipat shall be ex-officio member; (viii) Principal, Government College of Nursing, Pt. B. D. Sharma University of Health Sciences, Rohtak shall be ex-officio member; (ix) The Registrar of the Council shall be Member-Secretary; (x) Three members from among the Principals or Heads of departments of Government Nursing Institutions; (xi) Two members from the faculty of private nursing institutions of the State; (xii) One eminent nursing educationist having minimum ten years of teaching experience in B.Sc. Nursing or Post Basic B.Sc. Nursing or M.Sc. Nursing.

A person shall not be eligible to be nominated as a member of the Council, if he:- (i) is an undischarged insolvent; (ii) is of unsound mind and is so declared by a competent court; (iii) has been convicted by the Council in any manner for professional misconduct; (iv) has been removed or dismissed from the service of the Government or any institution; (v) has been removed from the register made under this Act; (vi) has been convicted for an offence involving moral turpitude; (vii) attains the age of sixty-two years.

(1) The term of office of a member, other than ex-officio member of the Council, shall be three years from the date he assumes office. (2) A nominated member shall be eligible for re-nomination for a further period of three years or up to the age of sixty-two years, whichever is earlier.

(1) Any casual vacancy in the office of a nominated member of the Council occurring by reason of his death, resignation, removal, incapacity or otherwise before the expiry of his term of office, shall be filled in such manner as may be prescribed, within a period of six months from the date of such vacancy. (2) A person nominated under sub-section (1) shall hold office for the remainder of the term of office of the member in whose place he is nominated.

A member other than an ex-officio member of the Council shall cease to be a member,- (i) upon his resignation; (ii) upon his absence without notice from three consecutive meetings of the Council; (iii) upon his becoming subject to any of the disqualifications under section 5.

A member other than an ex-officio member, may resign his office at any time by giving notice in writing to the Chairperson and such resignation shall take effect from the date on which it is accepted by the Chairperson.

No act or proceedings of the Council shall be invalid only on the following grounds:- (i) any vacancy or defect in the constitution of the Council; (ii) any defect or irregularity in such act or proceeding not affecting the merit of the case.

(1) The Council shall meet at least once in a calendar year and may meet more often, as may be necessary for the transaction of its business. (2) The Chairperson, when present, shall preside over the meeting of the Council and in his absence, the Vice-Chairperson shall preside. If both the Chairperson and Vice-Chairperson are absent, any other member elected by the members present from among themselves shall preside over such meeting. The Vice-Chairperson or member presiding over that meeting shall have all the powers of the Chairperson. (3) The Chairperson shall preserve order and shall decide all points of order in connection with the meetings. There shall be no discussion on any point of order and the decision of the Chairperson on any point of order shall be final. (4) All business transacted at the meeting shall be decided by a majority of members. (5) The Chairperson shall, in addition to his vote as a member of the Council, have a second or casting vote in case of equality of votes.

The quorum for the transaction of business at a meeting of the Council shall be one-third of the total number of members including the Chairperson: Provided that if within half an hour from the time appointed for the meeting, a quorum is not complete, the Chairperson or Vice-Chairperson or the member presiding, as the case may be, shall adjourn the meeting for such hour of the day or for such future day and time as he may notify on the notice board and website of the Council. Business, which could have been brought before the original meeting, shall be brought before the adjourned meeting and shall be disposed of at such meeting or any subsequent adjournment thereof, whether or not the quorum is complete.

(1) The Council shall constitute an Executive Committee from amongst its members as may be necessary to perform such functions in such manner as may be provided by the regulations. (2) The Executive Committee shall consist of five members, of which one shall be from amongst the nominated members. (3) The Executive Committee shall exercise such powers and perform such duties of the Council, as may be delegated/assigned to them by the regulations.

The Council may constitute sub-committees from amongst its members for such purposes as the Council may deem necessary.

The non-official members of the Council shall be paid such fees and allowances for their attendance in connection with the meetings of the Council, as may be prescribed.

(1) The Government shall, by notification in the Official Gazette, appoint the Registrar. (2) The manner of appointment, salary, allowances and other terms and conditions of service of the Registrar shall be such as may be prescribed. (3) Subject to the general superintendence and control of the Council, the Registrar shall be responsible for the day-to-day operations of the Council and shall perform such other functions as may, from time to time, be assigned to him by the Council. (4) The Council may, with the prior approval of the Government, appoint such other officers and employees as it may deem necessary to assist it in the administration. (5) The manner of appointment, salary and allowances, discipline and other terms and conditions of service of officers and employees appointed by the Council shall be such as may be prescribed.

(1) The Council shall maintain separate registers as may be prescribed to keep such details. (2) The registers shall be deemed to be public documents within the meaning of section 74 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).

(1) If at any time, it appears to the Government that the Council has failed to exercise or has 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 under this Act, then the Government, if it thinks that such failure, exercise or abuse is of serious nature, may notify the details to the Council and if the Council fails to remedy such defects within such period as the Government may fix in this behalf, then the Government may dissolve the Council and cause all or any of the powers and duties required to be exercised or performed by the Council to be exercised or performed by such person and for such period as it may think necessary and thereupon the funds and properties of the Council shall vest in the Government for the purposes of this Act until the new Council is constituted as provided under section 3. (2) Where the Government dissolves any Council under sub-section (1), it shall take steps for the constitution of a new Council under section 3 within six months from the date of such dissolution and upon the constitution of such Council, the property and funds referred to in sub-section (1) shall re-vest in that Council.

Subject to the provisions of this Act and the rules made thereunder, the Council shall exercise the following powers and perform the following duties, namely:- (i) to set standards for establishment of institutions; (ii) to grant recognition to institutions; (iii) to withdraw the recognition granted to institutions under this Act; (iv) to maintain registers under this Act; (v) to remove the names of persons under section 24; (vi) to recognize qualifications for the purpose of this Act; (vii) to make regulations; (viii) to delegate its powers to the Executive Committee; (ix) to inspect the institutions; (x) to fix fees; (xi) to maintain the fund of the Council; (xii) to make admissions in various institutions in the State and to prescribe admission criteria including standards, facilities, syllabus, collective entrance test etc. as it deems necessary to maintain proper standards in nursing courses; (xiii) with the approval of the Indian Nursing Council to uniformise the syllabus, course content, curriculum and mode of examinations for theory, practical and internal examinations in respect of all nursing courses in the entire State and to review the same from time to time; (xiv) to set academic qualifications for teaching staff for all diploma or certificate courses; (xv) except those conducted by other statutory authorities, to conduct collective examinations for both theory and practical for all nursing courses in the State; (xvi) to grant diplomas, certificates and other academic distinctions under the common seal; (xvii) to fix and collect fees for theory and practical examinations; (xviii) to take appropriate measures, including recommendations for periodic review of nursing courses, syllabus, academic standards for admission and for closing old courses, making courses modern or starting new courses in the context of emerging areas of manpower requirements; (xix) to fix examination centres in the State; (xx) to take disciplinary action against the staff of the Council involved in malpractice in the form of leakage of question papers, manipulation of marks or any other such irregularities in connection with the conduct of examinations; (xxi) to withdraw the recognition of any institution if the institution is found involved in malpractice in the context of the process of examination including irregularities in internal assessment marks, attendance etc.; (xxii) to prescribe standards for staff, equipment, accommodation, training and other facilities; (xxiii) any other matter which is to be or may be provided under this Act.

(1) The Council shall make bye-laws for the following purposes, namely:- (a) to regulate the terms under which nurses, nurse-midwives registered in other States can be entered in the register of other such State providing for reciprocal registration to persons registered on the register of the Council; (b) to determine the manner in which all fees levied under this Act and all money received by the Council shall be accounted for, audited and applied for the purposes of this Act and to regulate the expenditure of the Council. (2) No bye-law made by the Council shall come into force unless it is approved by the Government. (3) All bye-laws made under this section shall be published in the Official Gazette.

The following persons shall be entitled to be registered under this Act, namely:- (i) nurses, nurse-midwives who have completed such courses of training as organized by the Council, have passed such examinations and have fulfilled such other conditions as may be prescribed; (ii) nurses, nurse-midwives holding similar certificates issued by authorities in other States in India and abroad, if such certificates are recognized by the Indian Nursing Council; (iii) nurses, nurse-midwives who are already registered at the commencement of this Act and fulfill such conditions as may be prescribed; (iv) subject to such conditions and payment of such fees as may be prescribed, any person who proves to the satisfaction of the Council that he has been registered as a nurse or nurse-midwife in any other State can be registered as a nurse or nurse-midwife, as the case may be, under this Act.

(1) Every person eligible for registration under section 21 shall apply to the Registrar for registration. (2) The application for registration under this Act shall be made in such form and along with such fee as may be prescribed. (3) Every person who applies for registration in respect of any additional recognized qualification shall pay such fee as may be prescribed. (4) Any person whose application for registration is rejected by the Registrar may, within three months from the date of such rejection, file an appeal to the Council and the decision of the Council thereon shall be final.

(1) Every registration made under section 22 shall be valid for a period of five years and shall have to be got renewed before the expiry of the fifth year, failing which the name of the person shall be deemed to have been removed. (2) On payment of renewal fee and fine, if any, the Registrar shall issue a certificate of registration to the concerned person in such manner as may be prescribed.

(1) Subject to the provisions of this section, where the Council is satisfied after giving the concerned person a reasonable opportunity of being heard and after conducting such enquiry as it deems fit, it may order that the name of such person be removed from the register, if:- (a) his name has been entered in the register by error or on account of misrepresentation or suppression of any material fact; (b) he has been convicted of any offence under this Act or has been guilty of professional misconduct, which in the opinion of the Council renders him unfit to be in the list of register; or (c) it is proved that the certificate, diploma has been obtained through fraudulent means or false certificate. (2) The order under sub-section (1) may direct that any person whose name has been ordered to be removed from the register, shall become ineligible for registration under this Act either permanently or for such period as may be specified. (3) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, appeal to the Government and the decision of the Government shall be final. (4) The registration certificate of any person whose name has been removed from the register shall be deemed to be invalid. Such person shall surrender the certificate to the Registrar, failing which public notice shall be got published in such manner as may be prescribed.

(1) No person shall establish any institution or conduct any nursing course to prepare students for gaining any recognized qualification without prior recognition by the Council. (2) A person shall apply for recognition of the institution to the Registrar in such form along with such fee as may be prescribed. (3) On receipt of application made under sub-section (2), the Registrar shall conduct such inspection and by order shall grant recognition or reject the application for recognition in such manner as may be prescribed. (4) Recognition shall be granted under this Act to the institution in accordance with the standards fixed by the Council. (5) Notwithstanding anything contained in sub-section (1), all institutions conducting nursing course at the date of commencement of this Act, shall apply to the Council for recognition within three months from the date of commencement of this Act. If any institution applying for recognition is not in accordance with the standards fixed by the Council in this regard, then that institution may be granted provisional recognition subject to the condition that the facilities as per standards fixed by the Council shall be made available within the period fixed by the Council from the date of granting provisional recognition. (6) If any institution does not make available the facilities as per standards fixed by the Council within the specified period, the provisional recognition granted under sub-section (5) shall be withdrawn immediately.

(1) The Council may inspect any institution as it deems necessary for the purposes of granting recognition under this Act and may periodically inspect the recognized institutions to ensure that the standards required by them are being maintained. (2) The Registrar or any officer authorized by the Council may enter the premises of any recognized institution to conduct such enquiry or inspection as authorized by the provisions of this Act or any rule or regulation made or order issued thereunder. (3) The management or employee of any recognized institution shall be bound to provide access to such officers at all reasonable times to the premises of such institution and all documents and materials, which in the opinion of such officers of the Council are necessary to enable them to discharge their duties under this section. (4) The Council shall have the power to demand reports, statements or other information, as the Council may require, from the governing body or authority of any recognized institution.

Where the Council is satisfied on the basis of enquiry or inspection that the institution recognized under this Act has failed to comply with the terms and conditions of recognition, it may, by order, withdraw such recognition: Provided that before such withdrawal of recognition, the Council shall provide an opportunity of hearing to the concerned institution.

(1) All fees received in connection with the operations of the Council, all income such as rent and profit derived from properties and funds vested in the Council, all grants and loans, if any, received from the Government, all donations and gifts received from any source, all other miscellaneous receipts and amount received, shall constitute the fund of the Council which shall be utilized for the purposes specified in this Act. (2) The fund of the Council shall be deposited in a scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934), as determined by the Council. (3) The custody of the fund, payment of money therefrom, withdrawal of money therefrom and all other incidental matters shall be regulated in such manner as may be prescribed.

The fund of the Council shall be utilized for the following purposes, namely:- (i) payment of salaries, allowances and expenses to the employees, members and other office bearers of the Council; (ii) payment of office expenses including rent, electricity, water and telephone bills, municipal taxes or any other government taxes or arrears; (iii) any other expenses incurred in connection with the operations of the Council or for the promotion of nursing education in the State.

(1) The annual report and accounts of the Council shall be approved by it and shall be got audited before the expiry of September of the following year: Provided that the receipt of fees levied and collected and accounts of expenditure shall be duly certified by the Council in the annual report. (2) The audit shall be done by a Chartered Accountant appointed by the Council from the panel approved by the Comptroller and Auditor General and the Council shall bear the cost of such audit. (3) The accounts of the Council as certified by the auditor together with the audit report thereon shall be sent to the Government annually. (4) The Government shall cause the accounts of the Council together with the audit report thereon to be laid before the Legislative Assembly annually.

(1) No person other than a person registered under this Act shall practice as a nurse or nurse-midwife. (2) Any person who acts in contravention of this section shall, on conviction, be punishable with:- (a) in case of a first offence, with imprisonment for a period which may extend to six months and with fine which may extend to fifty thousand rupees; and (b) in case of a second or subsequent offence, with imprisonment for a period which may extend to one year, but which shall not be less than three months and with fine which shall not be less than two lakh rupees, which may extend to five lakh rupees.

(1) No dispensary, hospital, infirmary, lying-in-hospital, sanatorium, operation theatre, nursing home, blood bank, medical laboratory or other similar institution shall employ any person unless such person is registered under this Act. (2) Whoever contravenes the provisions of sub-section (1), shall be punishable with fine which may extend to two lakh rupees.

(1) Except as provided by this Act or the rules made thereunder, no diploma, certificate or other document shall be granted, conferred, issued to any person, or no person shall be entitled to be granted, conferred or issued, stating or implying that the holder, recipient or holder is qualified to practice as a nurse, nurse-midwife. (2) Whoever contravenes the provisions of sub-section (1), shall, on conviction, be punishable with fine which may extend to five lakh rupees and if the contravening person is an association, then every member of such association who knowingly or willfully authorizes or permits the contravention, shall, on conviction, be punishable with fine which may extend to two lakh rupees.

(1) No person shall add any title, degree, or symbol to his name which shall mean that he holds any degree or diploma license or certificate as his qualification to practice as a nurse, nurse-midwife unless:- (a) he has actually obtained such valid degree, diploma or certificate; and (b) such degree, diploma is recognized by any law for the time being in force in the State or granted or conferred or issued by any authority constituted under this Act. (2) Whoever contravenes the provisions of sub-section (1), shall, on conviction, in case of a first offence, be punishable with fine which may extend to fifty thousand rupees and in case of a second or subsequent offence, be punishable with fine which may extend to two lakh rupees.

Every member, all officers and employees of the Council appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

No act done or proceedings taken by the Government or the Council or the Executive Committee or the Registrar, in exercise of any of the powers conferred by or under this Act, shall be questioned in any civil court.

No suit, prosecution or other legal proceedings shall lie against the Government or the Council or its members or officers or other employees in respect of anything which is in good faith done or intended to be done under this Act.

In exercise of the powers under this Act, the Council or the Registrar shall have the following powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit for the purposes of performing such functions, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of documents; (iii) receiving evidence on affidavit; (iv) issuing commission for the examination of witnesses; (v) any other matter, as may be prescribed.

The Government may, from time to time, issue such general or special directions, not inconsistent with the provisions of this Act or any rules made thereunder, to the Council, Executive Committee or officer or employee, as it may deem fit for the purpose of carrying out the functions of the Council under the provisions of this Act or rules made thereunder, and the Council, Executive Committee or officer or employee shall be bound by such directions.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

(1) The Council may, with the previous approval of the Government, by notification in the Official Gazette, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for all or any of the following matters, namely: (a) the time and place at which the Council and the Executive Committee shall hold its meeting and the manner in which such meeting shall be called and conducted; (b) the courses and duration of studies and practical training to be taken, subjects of examination and standards of recognized qualifications; (c) recognition of any institution for the purpose of such training and awarding degrees, diplomas etc. to the candidates passing the examinations; (d) the minimum criteria to be fulfilled for admission to the courses and the procedure to be followed in the selection of candidates; (e) the standards of staff, equipment, accommodation, training and other facilities for education in the institution; (f) conduct of professional examinations, qualifications of examiners and conditions of admission to such examinations; (g) the standards of professional conduct and etiquette and a code of ethics to be observed by nurses or nurse-midwives; (h) the procedure and conditions for recognition of qualifications. (2) All regulations made under this section shall be published in the Official Gazette. (3) The Council may, with the previous approval of the Government, by notification in the Official Gazette, at any time, modify, amend or repeal any regulation.

(1) The Government may, by notification in the Official Gazette, make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules to provide for: (a) the sitting fees and other allowances payable to the President, Vice-President and other members of the Council; (b) the manner of appointment, qualification, salary, allowance and other conditions of service of the Registrar; (c) the type of register and the details to be entered therein; (d) the form of applications and the fees to be paid; (e) the form of certificate to be issued; (f) the payment of renewal fees and penalty; (g) the fees to be levied; (h) the custody and other matters of the fund of the Council; (i) any other matter which is to be, or may be, prescribed by rules made under this Act. (3) Every rule made under this Act shall, as soon as may be after it is made, be laid before the Legislative Assembly.

(1) From the commencement of this Act, the Haryana Nurses Registration Council established and constituted under the Punjab Nurses Registration Act, 1932 shall cease to function. (2) After the Haryana Nurses Registration Council ceases to function, all assets vested in it and all liabilities subsisting against it shall stand transferred to the Council from the date of such cessation of function. (3) All suits, prosecutions and other legal proceedings instituted by or against the Haryana Nurses Registration Council immediately before the commencement of this Act, or which could have been instituted by or against it, may be continued or instituted by or against the Council. (4) Notwithstanding anything contained in this Act, any thing done or any action taken or purporting to have been done or taken in relation to the registration made by the recognized Haryana Nurses Registration Council under the provisions of the Indian Nursing Council Act, 1947 (Central Act 48 of 1947), the Punjab Nurses Registration Act, 1932 or the rules made thereunder during the period starting from 1st May, 1971 and ending with the commencement of this Act, shall be deemed to have been done or taken under the provisions of this Act and shall not be questioned before any court of law or any authority.