Chapter III POWERS AND DUTIES OF THE GOVERNING COUNCIL AND BOARD

Subject to the provisions of this Act, the powers and duties of the Governing Council shall be as follows, namely :-

1. (a) to act on the matters referred by the Board and to approve the recommendations and decisions of the Board for implementation ;
2. (b) to prepare perspective development plan in consultation with teaching institutions for nurses and hospitals ;
3. (c) to approve matters related to staff regulations and approval thereof ;
4. (d) to recommend the Government to carry test audit of accounts of the Board regularly and at such intervals as the Governing Council may deem fit ;
5. (e) to exercise the powers related to financial matters which are referred by the Board ;
6. (f) to approve the budget recommended by the Board ;
7. (g) to give directions to the Board with respect to the implementation of various policy decisions taken by the Government, from time to time ;
8. (h) to approve the rules and procedures for appointment of Registrar and other employees of the Board such as their qualifications, terms and conditions of services including conduct, discipline and duties, mode of recruitment, pay scale, etc.;
   • (i) to recommend the Government to conduct an enquiry in respect of any matter concerning the proper conduct, working and finance of the institutions under the Board.

1. (1) Subject to the provisions of this Act, the powers and duties of the Board shall be as follows, namely :-
   • (a) to advise the Government on matters of policy relating to diploma level nursing and Paramedical Education in general, and on the following matters in particular, namely :-
     • (i) co-ordination between National policies and State policies regarding diploma level nursing and Paramedical Education ;
     • (ii) co-ordination between Diploma Level Nursing and Paramedical Education ;
     • (iii) to maintain uniform standard of Diploma Level Nursing and Paramedical Education ;
     • (iv) to promote interactions between health care industries and nursing and Paramedical Education Institutions ;
   • (b) to lay down the guiding principles for determining syllabus and curriculum and also to prepare the detailed syllabi and curricula for Diploma Level Nursing and Paramedical Education, for all categories, such as regular, sandwich, part-time, correspondence course, yearly, semester pattern and the like ;
   • (c) to prescribe and regulate standard guidelines for selection, infrastructure for nursing and Paramedical Education Institutions, requirements in respect of staff, buildings, furniture, equipments, stationary and other things required for diploma level courses ;
   • (d) to prescribe and develop any book as text book and reference book or to prepare or cause to be prepared any book and print or non-print material or to publish directly or in collaboration with any other agency, any kind of learning material for diploma level courses ;
   • (e) to prescribe the general conditions governing admission of regular candidates and excandidates to the examinations and to specify the conditions relating to eligibility, attendance, term-work and on the fulfilment of which a candidate shall have a right to be admitted to and appear at any such examination ;
   • (f) to award certificates to candidates passing the diploma final examination ;
   • (g) to institute and to award scholarships, fellowships, stipends, medals, prizes and other rewards and also to prescribe conditions therefor ;
   • (h) to receive bequests, donations and endowments from trusts and other transfers of any property, or interest therein, or right thereto ;
     • (i) to hold any property, interest or right referred to in clause (h) above and to manage and deal with the same ;
   • (j) to fix, demand and receive such fees and penalties as may be prescribed ;
   • (k) to call for special reports and information from the Director of Medical Education and Research, State Nursing Superintendent or from officers of the Medical Education Department of the Government, and to call for any information from any diploma level institution recognized by the Board, to ensure maintenance and improvement in academic standard in Diploma Level Nursing and Paramedical Education ;
   • (l) to recommend measures to promote physical, moral and social welfare of students in institutions recognized by the Board, and to prescribe conditions of their residence and discipline ;
   • (m) to appoint the staff except the posts mentioned in sub-section (7) of section 21 as per the regulations ;
   • (n) to constitute provident fund for the benefit of the officers and employees of the Board ;
   • (o) to approve the annual financial statement pertaining to the Board and to recommend to the Governing Council for sanction, the annual budget ;
   • (p) to inspect and supervise generally the working of the Regional Office, if any, and to inspect periodically the accounts of the regions thereof ;
   • (q) to conduct statistical and other research or training programmes for the purposes of design, development, implementation and evaluation of the curriculum, teaching learning process and examination in collaboration with any agency within the State and other States in the country or outside India ;
   • (r) to appoint such Committees as it may think necessary for the efficient discharge of its functions under this Act ;
   • (s) to make regulations for the purpose of carrying out effectively the provisions of this Act ;
   • (t) to make bye-laws relating to matters such as procedure to be followed by the Board, their committees and any other matter solely concerning the Board and their Committees that are not provided for by or under this Act and the regulations made thereunder ;
   • (u) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act ;
     • (v) to carry out all such acts as may be necessary to achieve the objectives of this Act so as to improve, extend or expand the Diploma Level Nursing and Paramedical Education in the State and to maintain and improve standard of Diploma Level Nursing and Paramedical Education ;
   • (w) to make regulations for granting affiliation, accreditation, equivalence, eligibility to institutions and reviewing or revoking affiliation or accreditation or equivalence or eligibility ;
     • (x) to demand and receive such fees as may be prescribed for institutions for affiliation, accreditation, conferring autonomy or equivalence ;
   • (y) to conduct the examinations of the students ;
   • (za) to appoint paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examination, assessment of performance of students and for compiling and declaration of results ;
   • (zb) to admit students for the examination according to the regulations ;
   • (zc) to select centres within its jurisdiction for theory and practical examinations conducted by it;
   • (zd) to declare the result of the students appearing at the examinations conducted on such date or dates as may be fixed;
   • (ze) to prepare list of students according to merit;
   • (zf) to deal with cases of unfair means according to the procedure laid down;
   • (zg) to evaluate generally the performance of students and institutions in all examinations including the final examination in diploma level courses;
   • (zh) to call for any information from any diploma level institutions recognized by it to ensure maintenance of academic standard, to call for special reports, and information from the Regional Offices, if any, of nursing and Paramedical Education concerned on diploma level institution recognized by it but not maintaining the required academic standard and to recommend to the Board withdrawal of recognition in case of poor academic results and grave academic irregularities;
   • (zi) to request institutions recognized by the Medical Education Department of the Government to extend their co-operation in the conduct of the examinations and to withdraw the privileges of the Board from any institution, which fails to place at its disposal the facilities required to conduct examinations after giving it a reasonable opportunity of showing cause why such orders should not be made ;
   • (zj) to create, own, hold or hire any property or infrastructure required for,-
     • (i) functioning of the Board office;
     • (ii) functioning of the regional offices;
     • (iii) providing residential accommodation to officers and staff of the Board;
   • (zk) to plan and monitor academic performance;
   • (zl) to propose the need-based courses, special courses for self-employment, courses for rural, deprived persons and women.
2. (2) While exercising the powers and performing the duties specified under sub-section (1), the Board shall make only such provision which will result in maintaining standards above the standards laid down under the Indian Nursing Act, 1947 (XLVII of 1947), and shall not result in conflict with the standards laid down by the Indian Nursing Council under the said Indian Nursing Act and the directions issued by the Central Government regarding Paramedical Education.

1. (1) It shall be the duty of the Chairman of the Board to ensure that the provisions of the Act and the regulations and bye-laws made thereunder are observed, and he shall have all powers necessary for this purpose.
2. (2) In an emergency which, in the opinion of the Chairman of the Board, require that immediate action should be taken, the Chairman shall take such action as he deems necessary and shall thereafter report his action to the Board at its next meeting.
3. (3) The Chairman shall exercise such powers and perform such other duties as may be prescribed.

1. (1) The Government shall have the power, after considering the advice, if any, tendered by the Board, to issue to the Board such directions as it may consider necessary in regard to all or any of the matters specified in section 24. The Board shall comply with such directions.
2. (2) The Government shall also have the right to address the Board with reference to anything it has conducted or done or is conducting or doing or intends to conduct or do and to communicate to the Board its views in the matter.
3. (3) The Board shall report to the Government such action, if any, as it proposes to take or has taken upon the communication, and shall furnish an explanation, if it fails to take appropriate action.
4. (4) If the Board does not take action within a reasonable time, to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made by the Board, issue such directions consistent with this Act as it may think fit, and the Board shall comply with such directions.
5. (5) In an emergency which, in the opinion of the Government, requires that, immediate action should be taken, the Government may take such action, consistent with this Act, as it deems necessary without previous consultation with the Board and shall forthwith inform it of the action taken.
6. (6) The Government may, by order in writing, specifying the reasons thereof, suspend the execution of any resolution or order of the Board and prohibit the doing of the action ordered to be done or purporting to be ordered to be done by the Board, if the Government is of the opinion that such resolution, order or act, is in excess of the powers conferred by or under this Act upon the Board.