Establishment, incorporation and constitution of Council

(1) The State Government may, by notification, establish a Council to be called the Karnataka Nursing Council for the purpose of carrying out the provisions of this Act. Such Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may, by the same name, sue and be sued. (2) The Council shall consist of the following members:- (a) as ex-officio members,- (i) the Director of Health and Family Planning Services in Karnataka or such other Officer as the State Government may nominate; (ii) the Superintendent of Nursing Services, Government of Karnataka; (b) as elected members,- (i) eight persons to be elected from amongst themselves by (aa) nurses, (bb) midwives, (cc) auxiliary nurse-midwives and (dd) health visitors registered in the register, the number of persons to be elected from each category being so divided as to be in the proportion of the number of their members in the register: Provided that in determining the said proportion, a fraction of one-half or less shall be neglected and a fraction of more than one-half shall be counted as one: Provided further that the number of members to be elected representing any particular category shall be at least one. (ii) two persons to be elected from amongst themselves by the heads of the affiliated institutions; (iii) two persons to be elected from amongst themselves by the matrons and Nursing Superintendents of the affiliated institutions in the State of Karnataka; (iv) one person to be elected from amongst themselves by the sister tutors of the affiliated institutions; (v) one person to be elected by the Karnataka Medical Council; (vi) one person to be elected by the Karnataka State Branch (by whatever name called) of the Indian Medical Association; (vii) one person to be elected by the Karnataka State Branch of the Trained Nurses’ Association of India. (c) as nominated members, three persons to be nominated by the State Government of whom at least one person shall be a woman: Provided that the members to be elected under clause (b) shall in respect of the first Council, be nominated by the State Government from persons who in the opinion of the State Government are entitled to be included in the electorate or body concerned and shall hold office for a period of two years. (3) The President and Vice-President of the Council shall be elected from among the members of the Council. (4) The election of the President and Vice-President shall, subject to the provisions of this Act, be held at such time and place and in such manner as may be prescribed. 4. Appointment of members in default of election.- If any of the electorates or bodies referred to in section 3 does not, by such date as may be prescribed, elect a person to be a member of the Council, the State Government shall, by notification appoint to the vacancy a person qualified for election thereto; and the person so appointed shall be deemed to be a member of the Council as if he had been duly elected by the said electorate or body.