Chapter III REGISTRATION OF NURSES, HEALTH VISITORS, MIDWIVES,

(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, auxiliary nurse midwives, nurse dais, trained dais and dais; or (b) is registered as a nurse or health visitor or midwife or auxiliary nurse midwife by any association which is recognised by the Council; or (c) is able to satisfy the Council that he/she has any where 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 recognised by the Council ; or (d) is already employed or practising in Himachal Pradesh as a dai or doing the same work as a nurse, health visitor, midwife, auxiliary nurse midwife, nurse dai, trained dai or dai at the commencement of this Act ;may apply to the Registrar to have his/her name registered: Provided that an application from a person referred to in clause (b) shall not be entertained unless it is received within three years from the commencement of the Act. (2) (a) If the Registrar is satisfied that any nurse, health visitor, midwife, auxiliary nurse midwife, nurse dai, trained dai or dai applying under clause (a) or clause (b) of sub-section (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, auxiliary nurse midwife, nurse dai, trained dai or dai in the prescribed register. (b) If the Registrar is satisfied that any person applying under clause (c) or clause (d) of sub-section (1) is entitled to be registered as a nurse, health visitor, midwife, auxiliary nurse midwife, nurse dai, trained dai or 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 (1) from any person, in respect of whom he considers that the Council may wish to exercise its powers of refusal under clause (ii) may refer the said application to the Council or any committee referred to in section 19 and shall not make any 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 an opportunity has been given to such person to be heard in person or by a counsel, has been held by the Council by the majority of at least two-thirds of the members present any voting at a meeting of the Council, guilty of any professional misconduct or infamous conduct or not to have been possessing satisfactory professional qualification; and (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 an 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 committee constituted under section 19 from an order of the Council 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 registered notice intimating that the Council has refused to permit the registration or has removed the name of such person. (3) The Council may direct that the name of any person against whom an order has been passed under the proviso to sub-section (2) shall be entered after having satisfied itself that due to lapse of time or otherwise the disability mentioned in the said sub-section has ceased to have any force. (4) If the Registrar is not satisfied that a person who has applied under sub-section (1) is entitled to be registered, he shall reject the application; provided that appeal shall lie to the Council from such an order of rejection by the Registrar if such appeal is preferred within one month from the date of receipt of such order by the applicant. (5) For the purpose of an enquiry under the first proviso to sub-section (2) or of an appeal under sub-section (4), the Council shall be deemed to be court within the meaning of the Indian Evidence Act, 1872 ( 1 of 1872) and shall exercise all the powers of a Commissioner under the Public Servant\'s (Inquiries) Act, 1850 (37 of 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 Servant\'s (Inquiries) Act, 1850 (37 of 1850); provided that nothing contained in any of the said Acts, shall prevent the Council from holding an enquiry or hearing of any appeal in camera.

The Council may direct that any enquiry or appeal under section 18 to be conducted or heard by it shall be conducted or heard by a committee of the Council composed of such members of the Council as it may direct.

The Registrar shall maintain the following registers :- (a) a register showing the name and address of each registered nurse in Himachal Pradesh; (b) a register showing the name and address of each registered health visitor in Himachal Pradesh; (c) a register showing the name and address of each registered midwife in Himachal Pradesh; (d) a register showing the name and address of each registered auxiliary nurse midwife in Himachal Pradesh; (e) a register showing the name and address of each registered nurse dai in Himachal Pradesh; and (f) a register showing the name and address of each registered trained dai or dai in Himachal Pradesh.

(1) The Registrar shall at least in every five years, on or before a date to be fixed in this behalf by the Council, cause to be printed and published correct list of names for the time being entered in the registers setting-forth,- (a) the names entered in the respective registers arranged in alphabetical order; (b) the registered address of each person whose name is entered in that register ; and (c) the registered qualifications of each person and the date on which such qualification was certified. (2) Every court shall presume that any person whose name is entered in the latest of such lists is duly registered under this Act, and that any person whose name is not so entered in not registered under this Act: Provided that, in the case of any person whose name does not appear in any of such lists, a certified copy signed by the Registrar of the entry of the name of such person in the register shall be conclusive evidence that such person is registered under this Act : Provided further that a certificate purporting to be signed by the Registrar stating that the name of a person has been removed from such register and specifying the date of such removal shall be conclusive proof of the fact and date of such removal.

(1) Any local authority may make bye-laws prohibiting unregistered person from practising as a nurse, health visitor, midwife, auxiliary nurse midwife, nurse dai, trained dai or dai within the area subject to its authority and may in such bye-laws provide that any person practising in contravention of such bye-laws or every person committing or abetting the commitment of a breach of any such bye-laws shall on conviction by a magistrate of the first class be liable to a fine not exceeding Rs. 10,000 for first offence and to a fine not exceeding Rs. 20,000 for the second and for each subsequent offence. (2) If any local authority fails to make bye-laws under sub-section (1) within six month from the date of commencement of this Act, the State Government may, by notification in the Official Gazette, prohibit un-registered persons from practising as a nurse, health visitor, midwife, auxiliary nurse mid-wife, nurse dai, trained dai or dai within the area, subject to such local authority and any unregistered person practising in contravention of such notification, shall be liable, on conviction by a magistrate of the first class, to a fine not exceeding Rs. 10,000 for the first offence and to a fine not exceeding Rs. 20,000 for the second and for each subsequent offence. (3) Notwithstanding anything to the contrary in any enactment, rule, bye-law or other provisions of law for the time being in force, no person other than a registered nurse, a registered health visitor, a registered midwife, a registered auxiliary nurse midwife, a registered nurse dai, a registered trained dai or dai shall be competent to hold any appointment or be employed as such in any hospital, asylum, infirmary, dispensary, nursing home, maternity home, health centre or other such institution, private or public, whether supported by voluntary contribution or not.

The Council may, after previous publication, make bye-laws,- (a) to prescribe the course of training of, and qualification for, the registration of nurses, health visitors, midwives, auxiliary nurse midwives, nurse dais, trained dais or dais and to provide for the recognition of institution competent to give such training; (b) to regulate the issue of certificates, the maintenance of registers and the conditions of admission of names of persons to such registers and to prescribe the form of application for such admission and uniform or badge to be worn by registered nurses, registered health visitors, registered midwives, registered auxiliary nurse midwives, registered trained dais or dais, while on duty; (c) to prescribe the fees for registration and the re-entry of name

(1) No bye-laws made under section 22 or section 23 shall come into force until it has been confirmed by the State Government and published in the Official Gazette. (2) The State Government may cancel its confirmation of any such bye-law and thereupon the bye-law shall cease to have any effect.

No action taken, in the exercise of any power conferred by this Act, by the State Government or the Council or the committee constituted by the Council or the Registrar shall be questioned in any civil court.

Nothing in this Act shall apply to registered medical practitioners.

Copies of any order passed by the State Government, the Council, the committee constituted by the Council or the Registrar or of any entry in the register maintained under this Act shall be supplied on payment of such fees as may be prescribed.

All moneys received by the Council as fees under this Act shall be applied for the purposes of this Act in the prescribed manner.

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; or (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) wilfully makes or causes to be made any falsification in any matter relating to the registers maintained or the certificates issued under the provisions of this Act; shall, on conviction by a magistrate of the first class, be punishable with fine which may extend to Rs. 25,000.

Any person who, not being a registered nurse, or a registered health visitor, or a registered midwife, or a registered auxiliary nurse midwife, or a registered nurse dai, or a registered trained dai or a dai, as the case may be, assumes or uses any name, title, addition, descriptions or a sign-board implying that such person is registered or in any manner regulates the conduct of examinations or confers or grants diplomas or certificates, except as provided in this Act or the rules or bye-laws made thereunder, shall, on conviction by a magistrate of the first class, be liable to a fine not exceeding Rs. 10,000 in the case of first offence and for a second or any subsequent offence to a fine not exceeding Rs. 25,000 or imprisonment of either description for two years or both.

(1) No court shall take cognizance of any offence punishable under this Act except on a complaint made with the previous sanction of the Council. (2) A complaint under this section shall be lodged by the Registrar in the court of competent jurisdiction within the district in which the office of the Council is located.

The State Government may, from time to time, by notification in the official Gazette, add to, amend, vary or rescind an entry in the Schedule.

(1) The State Government may, after previous publication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the fore-going powers, the State Government may make rules,- (a) to regulate the elections under section 3; (b) to prescribe the form of registers to be maintained under section 20; (c) to regulate and restrict within due limits the practice of registered nurses, registered health visitors, registered midwives, registered auxiliary nurse midwives, registered nurse dais or registered trained dais or dais; (d) to regulate the procedure to be followed by the Council,- (i) in making re-entry in the registers of the name of person removed from such register and in withdrawing any order of suspension of practice, passed on a registered nurse, registered health visitor, registered midwife, registered auxiliary nurse midwife, registered nurse dai, registered trained dai or registered dai; and (ii) in disposing of appeals from the decision of the Registrar made under section 18 ; (e) to regulate the application of fees levied under this Act ; and other moneys received by the Council for the purposes of this Act; and (f) to prescribe fees for obtaining copies of the orders passed by the State Government, or the Council or the Registrar or the committee constituted by the Council. (3) Every rule made under this Act, shall be laid, as soon as may be, after it is made before, the Legislative Assembly of Himachal Pradesh, while it is in session for a total period of not less than fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Punjab Nurses Registration Act,1932 (1 of 1932), as in force in the territories transferred to Himachal Pradesh under section 5 of the Punjab Re-organisation Act,1966 (31 of 1966), is hereby repealed: Provided that such repeal shall not effect,- (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the enactment so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the enactment so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding, or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not be passed. (2) Subject to the proviso to sub-section (1), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule or regulation framed, or form prescribed), in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by any action taken under this Act.