Registration of nurses, health visitors, midwives, nurse-dais, trained dais and dais

Registration of Nurses, Health Visitors, Midwives, Nurse-Dais, Trained Dais and Dais

1. (1) Every person who complies with such conditions and restrictions as may be prescribed by the Council and—
   • (a) has undergone the necessary course of training or passed the examination, if any, prescribed for nurses, health visitors, midwives, nurse-dais [auxiliary nurses and midwives], or trained dais, or
   • (b) is registered as a nurse or midwife [or health visitor] by any association which is recognized by the [Council], or
   • (c) is able to satisfy the Council that he has anywhere in India undergone a course of training or passed an examination similar to the course of training and examination referred to in clause
   • (a) and recognized by the [Council],
   • (d) is already employed or practising in Punjab as a dai, or is doing the same work as a nurse, health visitor, midwife, nurse-dai or trained dai, when this Act comes into force. may apply to the registrar to have his name registered: Provided that an application from a person who claims to be registered under clause
   • (d) shall not be entertained unless it is received within [five years] from the date on which this Act comes into force. (2)
   • (a) If the registrar is satisfied that any nurse, health visitor, midwife, nurse-dai, [auxiliary nurse and midwife], or trained dai applying under clause
   • (a) or clause
   • (b) of sub-section
2. (1) is entitled to be registered he shall on payment of such fees as may be prescribed, enter the name of such nurse, health visitor, midwife, nurse-dai, [auxiliary nurse and midwife] or trained dai in the prescribed register,
   • (b) if the registrar is satisfied that any person applying under clause
   • (c) or clause
   • (d) of sub-section
3. (1) is entitled to be registered as a nurse, health visitor, midwife, nurse-dai, [auxiliary nurse and midwife], or trained dai, as the case may be, he shall lay the application before the Council with a recommendation that he be permitted to enter the name of such person in the prescribed register, and shall not make any entry in the prescribed register in respect of such person until the entry is permitted by the Council to be made: Provided that—
   • (i) the registrar on receiving an application under clause
   • (a) or clause
   • (b) of sub-section
4. (1) from any person in respect of whom he considers that the Council may wish to exercise its powers of refusal under clause
   • (ii) of this proviso may refer the said application to the Council or to any sub-committee appointed by the Council for that purpose and shall not make an entry in the register in respect of such person until the entry is permitted by the Council to be made;
   • (ii) the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council any defect of character such as would render him unfit for duty or who, after an enquiry at which opportunity has been given to such person to be heard in person or by pleader, has been held by the council to have been guilty of any professional misconduct or not to possess satisfactory professional qualifications;
   • (iii) the Council may, at any time, issue a warning to or direct the removal of the name of a registered person for any of the reasons for which it could refuse to permit the registration of such person after an enquiry at which opportunity has been given to such person to be heard in person or by a counsel: Provided further that an appeal may be preferred to the [State] Government from an order of the Council passed under the first proviso to this sub-section if such appeal is made within one month [or such period as may be extended on sufficient cause shown for not preferring the appeal within time from the date of receipt of the registered notice intimating that the Council has refused to permit the registration or has removed the name of such person].
5. (3) If the registrar is not satisfied that such nurse, health visitors, midwife, nurse-dai, [auxiliary nurse and midwife] trained dai or dai is entitled to be registered he shall reject the application, provided that an appeal shall lie to the Council from such an order of the registrar if such appeal is preferred within one month from the date of dispatching by registered post a notice addressed to the applicant at the address from which the application was sent intimating that such application has been rejected.
6. (4) For the purpose of an enquiry under the first proviso to sub-section
7. (2) or of any appeal under sub-section
8. (3) the Council shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872, and shall exercise all the powers of a Commissioner under the Public Servants (Inquiries) Act, 1850, and such enquiry or appeal shall be conducted, so far as may be in accordance with the provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries) Act, 1850; provided that nothing contained in any Act shall prevent the Council from holding an enquiry or hearing any appeal in camera: