Council and pub­ lication thereof.

1. (1) 'I’his Act may be called the Madhya Pradesh Up-Short title, charika, I’rasavika, Salmi Upcharika-Prasavika Tallin and commence- Syyqtbya Paridaishak Registration Adhiniyam, 1972. mentu 2. In this Act, unless the context otherwise requires,—

1. (3) It shall come into force on such date as the Stale Gov­ ernment may, by notification, appoint. 2. In this Act, unless the context othenvise requires,— Definition. i_; (a) "Council’' means the Madhya Pradesh Norses Regis­ tration Council, established under section 3;
   • (b) "Nurse" includes a male nurse;
   • (c) "recognised qualification” means any of .the qualifita-. lions un billed in the Schedule to the Indian Nurs­ ing Council Act, 1947 (No. 48 of 1947);
   • (d) "State register" means 7t register maintained under section 14 and expressions "registered'' and ’'regis­ tration'’ shall be construed accordingly, TART IJ-THE MADHYA PRADESH NURSES REGISTRATION COUNCIL ’. (1) The State Government shall, as soon as may he, ijicorponilioi, ol es .blish, by a not ilira.tion, a Nurses Registration Council with Nurses Ih-gistra- clfccl from such date as may be specified therein. . lion Council.'
2. (2) The Council shall he a body corporate by the name of the Madhya Pradesh Nurses Registration Council and shall have perpetual succession and a cuimnou seal with power to , -Require and hold property both movable and immovable, and . subject id tlie provisions made under this Act, to transfer any . > property held by if mid to contract and do all other things necessary for the purposes of its constitution bnd may .sue or be sired in its corporate' name. 36 7 2 Count Elution of Council, ks'Mct Trjnrgr,, fc=rrr 1973 ■ 4. (I) The Council shall consist, of the following mem­ bers, namely:— ,, • ~t
   • (a) TJic Director of Health Services, Madhya Pradesh— ex-officio;
   • (h) lwo Superintendents of Hospitals approved and recognised by the Council under sccLion 24 nomi­ nated by the State Government by rotation;
   • (c) lhc Assistant Director of Health Services (Nursing) and in the event of the said ollice being vacant, the Superintendent, Nursing Services—cx-oIJicio;
   • (d) The Principal, College of Nnrhig, Indore—cxolficfb;
   • (c) Two Matrons from Medical College Hospitals nomi­ nated by the State Government by rotation;
   • (f) Two -Sister tutors of Schools of Nursing in Madhya - Pradesh nominated by the Stale Government by rotation; '
   • (g) One nurse elected by the Madhya Pradesh Branch of trained Nurses Association from amongsf the registered nurses residing in Madhya Pradesh;
   • (b) Three nurses elected by registered nurses other than those who-are members of the Madhya Pradesh Board of Trained Nurses Association from amongst themselves of whom one shall be male nurse;
     • (i) One midwife elected by registered xnidwives bjm amongst themselves;
   • (j) One auxiliary nurse-midwilc elected by registered. auxiliaiy nursc-midwivcs from amongst them­ selves ; ~
   • (k) One health visitor elected by registered health visi­ tors from amongst themselves;
   • (l) One member elected by the Madhya Pradesh Branch of the Red Cross Society Iioin amongst its mem­ bers residing in Madhya Pradesh.;
   • (m) One member elected by Mid-India Board, of Exami­ ners from amongst its members: K t i Provided that no person shall at the same lime serve as a member in more than one capacity.
3. (2) The name of every person elected or noinhiated under sub-section (J) shall be notified in the Gazette. Prenident nnJ $ (]) q-j|C jj;rector of Health Sci’viccs, Madhya I’radclh, virc-rresident ct be cxofltcio President of the Council, the CounelL
4. (2) The Vice-President of the Council shall be elected by the members of tht Council from amongst themselves. nwrfor zrwr, favr'Pb i5 1973 "V G. (1) An election under clauses (h), (i), (j) and (hl of sub- Mo,la 1/1 section (1) of section 4 shall be concluded by the Conned and an election under clauses (g), (1) and (tn) of snb-sccliou (11 of section 4 shall be conducted by the bodies referred to therein in tlic prescribed manner.
5. (2) If any of the bodies referred to in clauses (g), (1) and
   • (in) of sub-section (1) of section 4 docs not, by such date as may be prescribed, tied a person to be a member of Lhe Council, Lhe SlaLe Government shall, by order in writing, appoint to the vacancy a person < j nidified tor election thereto; and the person so appointed shall he deemed to be a member of the Council as if he had been duly elected by the said body.
6. (3) Where any dispute arises regarding any election to Lhe Council, it shall he referred to the State Government within such period .as may be prescribed and the decision of the Stale Government diet eon shall be final, 7. (1) The Vice-President shall hold office for a term of Term ol office ol one calendar year. ,! Vice-President ami Members oi
7. (2) Every member of the Council other than an cx-ollicio Council, member, shall hold office for a term of three years from the date, his election or nomination is notified in the Gazette under sub­ section (2) of section 4: Provided that notwithstanding the expiry of his term, such member shall continue to hold office until the election or sclcc- tidh, as the ease may be, of his successor is duly notified in the Gazette. 8, (1) An elected or nominated member may at any lime, Casual vacancies, resign his membership by tendering his resignation in. writing under his band to the President, and his scat shall thereupon become vacant.
8. (2) An elected or nominated member shall he deemed to have vacated his seat if—
   • (i) he is absent, without excuse sufficient in the opinion of the Council, from three consecutive ordinary meetings, of the Council; or ' (ii) he is absent out of India for a period exceeding six consecutive months; or
   • (iii) is name is removed from the State Register under section 17-
9. (3) If any rpiestion, dispute or doubt arises whether a vacancy has occurred under sub-section (2), it sh'all be decided by the Slate Governmvtit and its decision shall he final.
10. (4) A casual vacancy in (lie Council shall be filler! bv elec­ tion or nomination, as the case may be, and Lhe person elected or nominated to (ill the vacancy shall hold ollice for the tut- expired term of his predecessor. JMnfo 'usm, f^niqr is tot 1973 Leave cl absence 9, The Council may permit any member to absent himsr,,.f, to members. . from the meetings of the Council for any period not exceeding six months. Meetings ol Nib 10. (1) The Council shall meet at least once in each year Council. at such time and place as may be appointed by the Council.
11. (2) Five members of the Council shall form a quorum atul all aeLs of the Council shall be. decided by the majority of the members present and voting. In the case of an equality nf votes, Lhc peison presiding shall have a casting vole. Vacancy not to 11. No act of tjie Council shall be invalid merely by Invalidate pro- reason of— ceedlugs, etc.
    • (a) any vacancy in, or defect in the constitution of the Council; or
    • (b) any defect in the clecLion or nomination of a person acting as a member thereof; or
    • (c) any irregularity in its procedure not affecting the meriis of the case. - Pnymen o 12. There shall be paid to Lhc President, Vice-President stden^Vice-l’resb *li’^ I1iemhcrs of the Council, such allowances for attending dent' and mem- ladings as the Council may, by regulations, determine, bers ol Council. K

Registrar and xt 13, The Council shall appoint a Registrar who shall other officers. also nct as sccvetary of the Council.

1. (2) The Council shall appoint a Treasurer who shall exer­ cise general control over the funds of Lhc Council : . Provided that pending die appointment, of a Treasurer, the Registrar inay, if so required by the Council, act as Treasurer for a period not exceeding one year.
2. (3) The Council may employ .such oilier persons as it may deem necessary to cany out the purposes ed the Act. \/ (1) The qualifications, the conditions of apnointnieu! and service and scale of pay as respects (lie Regrslrai'and (he T1..1- sure.r shall be such as may be prescribed and as respects (he other employees shall be surh as (he Council may, with the previous sanction of the State Government determine.
3. (5) The Council shall require ami take from (he Registrar, Treasurer or from any oilier employee such security for (he due., performance of his duties as the Council deems necessary. A I I f f(>) The Registrar, the Treasurer and oilier employees ap­ pointed by lhe Council timin' ibis section shall he deemed in be public servants within the meaning of'section 21 of lhe Indian remit Code, 18(10 (45 of 18G0). f I •.?' •* •tfvt'ET, Pvrizff 15 ’PFT7. 197 3 -• T» ' f *' k »
   • (e) all records and papers Belonging fo the Comic'* 1.;,/ ' Board referred fo in clause (a) shall vcsl hl \ and be transferred lo the Council established "" under section 3. r t t • Repeal. 36. As from the date specified for the establishment of the Council under sub-section (I) of section 3, the Central Provinces and Berar Nurses Registration Act, I93G (No. 23 of 1936), and the Madhya Pradesh Siat'olory Bodies (Re­ gional Constitution) Act, 1956 (No. i7 of 1956), in so far as it relates to the said Act, the Madhya Bharat Rais Registra­ tion Act, 1953 (No. 22 of 1953), and the Madhya Bharat Nurses, Midwives and Health Visitors Registration Acl, 1955 (No. 2 of 1955), shall stand repealed. L. i j I i i I J ■) >* J [' > I
     • • i * ffriSRiT, Tyr”r FBir to rrnnft, WTsrasr, grer snmr ’Fsta jrxiot, -rftrR R Frcrftrr—1973. i i M'1: A. I I/" 4« .feiPP is ‘i'f'^1?: 1973 ass i J * j •-■v I Imilth Visitors Council and Hie A'1 adliya Bbaral Dais, Registration Board shall slant! dissolved ;
   • (b) all assets and liabilities of the Councils/ Board referred to in clause (a) shall belong to and be deemed to be the assets and liabilities of the Council established under section 3 ;
   • (c) all such registered nurses, midwives, auxiliary nurse midwives, health visitors and dais regis­ tered under any of the Acts, repealed under section 3b and possessing recognised <pialiliea■ lions on the commencement of this Act, sliall be deemed to be enrolled as registered nurse, mid­ wife, auxiliary nurse-midwife or health visitor, as the ease may be, in the State Register under this Act;
   • (d) all employees belonging to or under the. control of the Councils/Board referred to in clause (a) immediately before the date aforesaid sliall be deemed to be the employees of the Council esta­ blished under section 3 and shall, until other provision is made in accordance with tire provi­ sions of litis Act, receive salary and allowances and lie subject to conditions of service io which they were en lit led or subject immediately before such date: Provided that it sliall be competcnl io the Council, subject Io (he previous sanction of the Stale Government, to discontinue tin? service ol any employee, who in its opinion, is not necessary or soil,able to the requirement ol lhe Council -alter giving such employee such no I ice as hi required to be given by the terms of his cmploy- , men! and every such employee sliall he entitled to such leave, pension, provident fund and gra­ tuity as he would have been entitled to take or receive on being invalidated out of service as if tlie CounciliBoard in the employ of which he was had not ceased to exist: Provided further Unit if the terms ol cmplnymeiit of such employee do not contain any such require-. i ' * rueiit, lie shall, if lie has put itt more than one year’s continuous service in the Council/Board be entitled Io recover from the Council esla- hlislied under ctction 3 by way of compensation a sum equal to fits existing pay and allowances for one month; I I < J ; * K&’fJrhT fTP'T 1 5 1 £> 7 3 Information to be furnished by

The CoiinciI siiaI! furnish such reports, copies c<‘ its minutes, abstracts of its accounts, anti other inlorn'ia- Iion to the State Government as tiic State: Government may prescribe. . u < * Power to make .33. (j) 'JL'lie State Government may, make rules to rules, carry out the purposes of this Act.

1. (2) All rules made under this section sliall be laid uit the table of the Assemble. f Power to Make ' 34. The Council may, with the previous sanction of regulation. Hie Stale Government and subject to rules made under section 33, make rcgulalions generally Io carry mil the purposes of this Act, arid, without prejudice to the generality ol this power, such regulations may provide For—
   • (a) the-management of the property of tlie Council and the maintenance - and audit of its accounts ; 1 (b) the summoning and holding ot meetings of the " "'■< . Council, the limes and places where such meetings are to be held, the conduct-- of business thereat ;
   • (c) the resignation of members ot the Council ;
   • (d) the powers and duties of the President and ' Vice-President ; I. . (e.) the mode of appointment of Cmmuilhvs, the summoning and bolding of meetings, and the conduct' 'of business of such ■' • Committees ; ■ tin? tenure of office, and the powers and duties 'and other conditions in' service' nl the Registrar and 'other officers and servants
     • • or ihe Council ;
   • (g) the particulars to be slated, and l.lie priuji' of qualifications to tie givui in p|dicutinn for registration imder Hus Act ;
   • (It) the form in which State register, sliall be maintained ;
     • (i) any matter tor which under tin's Act provision may be made by regulations. Consequence to 35. As from date specified for the establishment of ensure on eslab- the Council in the notificalion tinder sub-section (!) Cf lisinncnt of Cotin- section 3, the following cousccjucue.es shall ensue, cil under section liamcly :— 3' (a) the Mahakoshal Nurses-Registration Council, the Madhya Bharat Nurses, Midwives amt a, x:r3T-Tvf . 1 5 J 9 73 3<j79 .< x’~'v ' (c) wilfully makes or causes io be made any I'asle *■ . '■ represenLlion in any matter relating (o lhc register or certificate issued under tlic pro-
       • • f visions of tin's Act; shall, 'on conviction, be punished with fine which may extend to Rs. 250 tor the first olfcncc and tor any subsequent '*■' offence with fine which may extend to Rs. SCO or with simple imprisonment for a term which may extend to six months or with both. 28. Any person who, 'not being a registered nurse, Penalty for • iu«- nddwife, auxiliary mirsc-iiiidwife or health visitor, takes lawful or uses'tlic name or title of registered nurse, midwife, assumption of auxiliary nurse-midwife or health visitor, or uses any name, title oi registered .* title, description, prescribed uniform, object or sign-board nurse, midwife, witli the intention that it may be believed, or witli llte auxilary nurse- ' -■ knowledge ttiat it is likely to be believed that such person midwife, or health ” is a registered nurse, midwife, auxiliary nurse-midwife or visitor. health visitor shall, on conviction, be punished with fine which extend lo Rs. 100 for the first olfence and .for any subsequent offence with fine which may extend to Rs. 200
       • • or-with simple imprisonment (or a ierin which may extend ' to three months or with both. 29. (1) No court shall take cognizance of an oITence Conizancc of punishable under this Act, except upon complaint in ultcnce. writing made by the Registrar or any oilier officer authoris- ) ''ed oy the Council in (his behalf by general or special order. , (2) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act. , * 30. No suit, prosecution or other legal proceeding pro|ccti„„ 0( shall lie against the Stale Government, the Council or any acii<,„’(ai<v.u in committee thereof, or any officer or servant of the Govern- uoud faith, ment or the Council for anything which is in good faith done or intended to be done under this Acl. 31. If at any time it appears to the Slate Govern- Control by State­ ment that the Council lias failed to exercise or has exceed- Government. '■ ' ed or abused any of llic powers conferred upon it by or under this Acl, or has failed lo perform any of the duties conferred upon it by or under this Act, the State Govern- / mem may, if it considers such failure, excess or abuse to be of a serious character, mdily the particulars thereof to the Council, and if the Council Tails lo remedy such failure, excess or abuse within such lime as the State Government 'nriy fix in this behalf, the Slate Government may dissolve the Council and cause all or any of the powers and duties of the Council to be exercised and performed by such person and for such period not exceeding two years ns it may think fit and shall take. steps to bring into existence u , new Council. / J j b.f l| - u - p ■ s / s WTijr, fWrr 15t 973
       • • ■
2. (3) No school, hospital or other institution which is not approved anil recognised uniter tiiis section shall issue to any person a certificate oc-enter the name of any [....sou in any document purporting to show Unit such person is qualified by reason of his having passed any examination or undergone any course of training to practise as a nurse, midwife, auxiliary nurse-midwife or lioallh visitor, unless his name is registered or entered in the list under this Act.
3. (4) Any person who contravciices Hie jiroviaions of sub-section (3) shall, on conviction, be punished with fine which may extend to Rs. 500.
4. (5) Where a person committing an offence under this section is a company or other body corporate or an association of persons {whether incorporated or not), every person who at the time of the commission of the ofTencc was a director, manager, secretary, agent or other uflicer or person concerned with the management thereof shall, unless lie proves that the offence was committed without his knowledge or consent, be deemed to (bc guilty of such oilen'ce. Appeal against 25. Any person aggrieved by the refusal of the refusal to recog. Council to approve and recognise any institution as nise Institution. competent to train nurses,- niidwives, auxiliary nurse* midwives or health visitors may appeal, within three' months from the'date of such refusal, to tlic State Govern, meiit against such order of refusal. The decision of - the- State Government, on any such appeal, sliali he final.