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

(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.