The Manipur Nursing Council Act, 2005

GOVERNMENT OF MANIPUR SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION : Imphal, the 29t» August, 2005 No. 2/27/2005-Leg/L: The following Act of the Legislature of Manipur which received assent of the Governor of Manipur on 23.8.2005 is hereby published in the Official Gazette. THE MANIPUR NURSING COUNCIL ACT, 2005 (Manipur Act No. 13 of 2005)

• • i Act. to provide for recognition of the Manipur Nursing Council for regulation and training ot nursing personnel Nurses, Midwives, Auxiliary Nurse Midwives/Female Health Worker/Lady health Visitor/Supervisors. Be it enacted bythe Legislature of Manipur in the Fifty-sixth Year of the Republic of India as follows: CHAPTER - 1 . PRELIMINARY

(1) This Act may be called the Manipur Nursing Council Act, 2005. (2) It extends to the whole ofthe State ofManipur. (3) It shall come into force on such date as the State Government may by notification in the official Gazette, appoint.

In this, Act. unless the context otherwise requires:- (1) “affiliated Institutions" means an Institution or Hospital or Health Centre for preventive, promotive, curative and rehabilitative nursing services, which is recognised and affiliated to the Coqncil; (2) “Auxiliary Nurse Midwife or Female Health Worker” means a person who possesses a certificate ofAuxiliary Nurse Midwife or Female Health Worker from a recognised and affiliated Institution to the Council; (3) “Council” means the Indian Nursing Council; (4) “Government” means the State Government ofManipur; (5) “Inspector” means a Nurse or a person appointed by the State Council to inspect any Institution for the purpose of granting recognition, functioning of recognised Institution and to attend the examination being held for the purpose of granting any qualification; (6) “Lady Health Visitor/Supervisor” means a person who possesses a certificate from an Institution recognized and registered under section 13; (7) “Licensing Authority” means an officer who is authorised by the Government to issue license under this Act; (8) “List” means a list of Nurses, Midwives, Auxiliary Nurse Midwives or Female Health Worker; Lady Health Visitor/Health Supervisor maintained under section 16; (9) “member” means a member of the State Council; (10) “Nurse” means a person who possesses a certificate in Nursing and Midwifery from an Institution recognised for the purpose and registered; (11) “prescribed“ means prescribed by rules made under this Act; (12) “President” means the President of the State Council; (13) “register” means a register maintained under section 15; (14) “registered” means registered in accordance with the provisions of this Act; (15) “Registrar” means the Registrar appointed under section 10 ofthis Act; (16) “regulations” means the regulations made by the State Council under this Act; (17) “State Council” means the Manipur Nursing Council constituted under section 3 of this Act.

(1) The Government shall, as soon as may be after the commencement of this Act, constitute a State Council called the Manipur Nursing Council. The State Council shall consist of the following members, namely: (a) Director of Health Services, Manipur; ex-officio, (b) Nursing Superintendent; ex-officio, (c) Deputy Nursing Superintendent; ex-officio, (d) one Principal from each of the General Nursing and Midwifery Schools and Colleges of Nursing and one Principal from each of the Auxiliary Nursing, and Midwifery Schools; (e) one member from the All Manipur Health Service Officers' Association, (f) three persons to be nominated by the Government of whom one shall be Nurse, one Auxiliary Nurse Midwife and one educationist; (g) one member of the Manipur Branch of the Trained Nurses Association of India, (h) one Nurse who represent the State in the Indian Nursing Council. (2) The State Council shall be a body corporate having a perpetual succession, a common seal with power to acquire, hold and disposed or property, both movable and immovable, and to contract, and to sue or to be sued in its name. (3) The President and the Vice-president of the State Council shall be elected from amongst the members.

(1) Term of office of a member other than the ex-officio member shall be three years from the date of nomination or until a successor has been nominated, which ever is earlier. (2) The term of the office of an ex-officio member shall continue as long as he holds the office by virtue of the post. (3) The President shall hold office from the date of appointment/election up to the date on which the term of office expires or a successor has been duly elected whichever is later. (4) If the office of a member becomes vacant by reason of death, disability, resignation, removal, disqualification, etc., a new member shall be nominated by the Government and such nominated member shall hold the office only for the remaining term for which the member was nominated. (5) A member shall be deemed to have vacated the office if he is found absent from three consecutive meetings (6) (a) The President may resign by notice in writing addressed to the Commissioner/Secretary (Health) to the State Government and shall take effect from the date on which it is accepted by the Government after electing a new President from amongst the members. (b) A member may resign from office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President. (7) Notwithstanding anything contained in this Act, the Government may remove a member from office: (a) on being found disqualified as per sub-section (8); or (b) if the State Council decides at a meeting by two-third majority that the continuation of a member in office is prejudicial to the interest of the State Council. (8) A member shall be disqualified to continue or re-election as a member, if he is: (a) involved in activities prejudicial to the aims and objectives of the State Council; (b) of unsound mind.

(1) The State Council shall meet as many times as possible in a year to transact its business. (2) The President shall preside over the meeting of the State Council and in the absence of the President, the Vice-President or any member elected by the members present shall preside over such meetings. (3) All transaction of business at a meeting shall be decided by a majority of those present and voting. (4) In the case of equal votes, the President shall have a casting vote.

The quorum for transaction of business at a meeting of the State Council shall be such member or proportion of the members of the State council as may, from time to time, be fixed by regulations but shall not be less than five: Provided that if at any meeting of the State Council a quorum is not present, the President or the Presiding member, as the case may be, shall adjourn the meeting, to such other day as he may think fit, and the business which would have been brought before the original meeting, if there had been a quorum present shall be brought before and transacted at the adjourned meeting, whether a quorum is present there or not.

No act or proceeding of the State Council shall be invalid by reason of existence of a vacancy in the State Council or on account of any defect or irregularity in its constitution.

The State Council may constitute sub-committees for such purposes as the State Council considers necessary

(1) The State Council shall have its own office to carry out the functions and appoint one full time Nursing Registrar. (2) The State Council shall adopt the Manipur Civil Services Rules, mutatis mutandis, for its officers and staff. (3) The pay and allowances payable to the Registrar, officers and other employees of the State Council shall be fixed by the State Council with the previous approval of the Government. (4) The Registrar shall be the Member-Secretary of the State Council to organize meeting with the approval of the President. (5) The accounts of the State Council shall be audited in such manner as may be specified in the regulations. (6) The Registrar shall be responsible for administration of the State Council office. (7) The Registrar, Officers and staff of the State Council shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

(1) The income of the State Council shall be derived from: (a) fees. (b) grants received from the Government, (c) gifts and donations as approved. (2) The State Council shall utilise the money obtained under sub-section (1) in such manner as may be prescribed.

(a) Any person who fulfils academic qualification and training as prescribed under the regulations shall be registered, on payment of such fees as may be prescribed in the register for a period of five years. (b) The State Council shall follow such procedure as may be prescribed.

Any person shall renew his registration in the manner prescribed by regulations on payment of such renewal fees.

(a) The Registrar shall maintain such registers as may be prescribed. (b) it shall be the duty of the Registrar to make entries in the register, from time to time, and to revise the same and to issue certificates of registration in accordance with the provisions of this Act and the rules made there under.

The State Council shall keep a list of such persons as are not eligible for registration under section 13 but who are practicing as nurses in such manner as may be prescribed.

No person other than a person registered under this Act or person whose name is entered in the list under section 16 shall practice directly or by implication as practicing habitually or for personal gains as a nurse.

The Registrar shall on or before a date to be fixed in this behalf by the State Council, and thereafter every year, cause to be printed and published the names, for the time being entered in the register in such manner as may be prescribed.

(1) Subject to the provisions 01‘ this Act and the rules and regulations made thereunder. every 1ieencing authority sha11 exercise peneral supervision and eontt‘o1 111’ the Nurses, Auxiliary Nurse Midwives, l"t:1nnle 111::11111 Workers, Lady Health Visitor/Heztlth Supervisor practicing within the area under its jurisdiction. (2) The licensing:1 authority s11a11 delegate any: 01' its powers to sneh oHieer authorised in this regard.

(1) 1ive1'y person registered under this Act who intends to practice anywhere in Maniptn‘ as; a Nurse, Auxihary Nurse Midwives, Female Health Worker, 1,a(1y Health Visitor/i teatth Supervisor, shall give notiee in writing, to the lieensing authority in the month ot’.1annary for every tive years thereafter during the period continues to praetiee within the said area (2) Every such notice shall contain such particulars and shall he in. such 111111 as lnay be Specified in. the regulations.

(1) No ntn‘singi, educational 111:;lilntion'.1ni11 he startedwithont priorappi’ovn1ol't11e('onneilant!the State ( 'onneil. (2) The State Council may, by the regulations, speeity examinations to he 11e111 tor different courses as laid down by the Council from time to time. (3) The State Connei1 may, in aeeoi'tianee with the teguhttions and a1‘te1‘ inspeetioizz. 1:1141 stteh enquiry as it deems 111 and with the prior approval 111' the intIian Nursing ( omzeil recognise any institution for the training o1‘Nurses, Auxiliary Nurse Midwives. i-‘emaIe Health Workers, Lady Health Visito1‘s/11ea1th Supervisors, for appearing at any examination held by the State (Tonnei1. (4) No 5011001 or hospital or institution which is not approved and recognized under this Act 5112111 issue to any person a certificate or enter the name ot‘ any pet‘ram in any Lloetnnentsupporting to show that such person is qualified 1):,31't115t111 o1‘11aving passed any examination or undergone any course o1~ training,1 to praetitv; as Nurse. Anxi1izn'y Ntll'f;c Midwives, 1’e111111e 11ea1111 Worker, Lady 11ea1th Visitor, ttezihh Supervisor unless. 111'. or her name is registered nntler this Aet or entered in the list. (5) A11 11:;titt1tions .eontttleting nursing training, should he recognized hy the State Council. (6) No person sha11 issue any ee1‘ti1ieate to a person who does not 1111111 the regulations ofthe State Council. (7) No registered hospital and no Nursing Home shall employ nursing personnel who do not posses the minimum requisite qualifications laid down by the Council.

Any person who is aggrieved on refusal by the State Council to approve and recognize any institution to train Nurses, Auxiliary Nurse Midwives, Female Health Worker, Lady Health Visitor/Health Supervisor may appeal within three months from the date ot‘such refusal to the Government. The Government‘s decision shall be final.

The State Council may, in accordance with the regulations and after inspection and holding such enquiry as it deems fit, affiliate to it any Institutions or hospital for preventive, promotive, curative and rehabiiitative nursing care of clients or patients.

(1)Whea upon report by the Executive Committee. it appears to the State Council: (a).that the course ofstudy and training and the examinations to be gone through in order to obtain a recognized qualification from any authority in the State or the conditions for admission to such courses or the standard ofproficiency required from the candidates at suchexamination are not in conformity with the regulations made under this Act or fall short ofthe standards required thereby. or (b) that all Institutions recognised by the State Council for the training 01‘ Nurses, Auxiliary Nurse Midwives, Female Health Worker, Lady Health Visitor/Health Supervisor do not satisfy the requirement ofthe State Council- the State Council shall send to the Government a statement to such ct‘tbet and the Government shall lorward it along with such remarks as it may think fit to the authority or institution concerned and in a case referred to in clause (b) to the State Council also, with an intimation ofthe period within which the authority or institution may submit its explanation to the Government. (2) On the receipt of the explanation or where no explanation is received within the period fixed, than on the expiry of that period, the Government shall make its recommendations to the State Council. (3). The State Council, after such further enquiry, ifany, as it may think fit to make and in a case referred to in clause (b) 01’ sub-seetion (l) alter considering the remarks which the State Council may have addressed to it, may declare- (a) in a case referred to in clause (a) of sub-seetion (1), that the qualifications granted by the authority concerned shall be the recognized qualification only when granted be1'o1'ea specified date, or (b) in a case referred to in the clause (b) of sub-scction (1) that with effect from a date specified in the declaration any person holding a recognized qualification whose period of trainingand study preparatory to the grant of the qualification passed at the institution concerned shall be entitled to be registered only in the State in which the institution is situated. (-1) The State Council may declare that any recognized qualification granted outside the: State siail be recognized qualification only if it is recognized by the Council under section 11 ofthe Indian Nursing Council Act, 1947.

(1) Any person who acts in contravention of the provisions of section 17 shall, on conviction be punished with fine which may extend to one thousand rupees for the first offence, two thousand rupees for the second offence and five thousand rupees for any subsequent offence. (2) A person who fails to comply with the provisions of sub-section (1) of section 22 shall, on conviction, be punished with fine which may extend to one thousand rupees for the first offence, two thousand rupees for the second offence and five thousand rupees for any subsequent offences. Such institutions will not be considered for recognition under the Act. (3) A person who fails to comply with the provision of sub-section (4) of section 22 shall, on conviction, be punished with fine which may extend to five thousand rupees. (4) Any person found issuing a certificate in violation of sub-section (5) of section 7 is liable to pay a fine of rupees one thousand or simple imprisonment for a term of three months or with both. (5) Any registered hospital or Nursing Home found appointing Nursing personnel who does not possess the minimum requisite qualification laid down by the Indian Nursing Council Act, 1947, is liable to be punished with a fine of Rs. 10,000 or simple imprisonment for a term of three months or with both.

Any person - (a) who dishonestly makes use ofztiiy cei‘titicatc ofregistration issued antler the provisions ot‘this Act, or (b) who pt'oetn‘es, or attempts to procure registration nntler lilt: this Aet by111111<i11got'pt'otltteing oreansing to be lllittict71'[)1't1iitiL'L;:1 any 111111 or 1i'ant1111ent declaration or representation whether in writing or othe rwise or (c) who will1‘tillymakcs or makes false representation in any matter relating, to the register (11‘ the list or any certificate issued tniiiez' the t)l()\’i.‘;it)lt'; 11111112 Act, or ((1) who knowineg or willl‘ttlly makes oi~ causes or prepares; any other person to make any 1211se staten‘ients in any notice under this Act- shall on conviction be pnnished’wilh line which may extend to live thousand rupee; 1111' the first otil'enee :tltttl l'oi‘ any'subsequent offence with simple illlt)l‘1.‘;()tllllt‘tll 1111‘ a teiin which may extend to six months or with tine which may extend to one thous both. Any person— (a) who dishonestly makes use of any certificate of registration issued under the provisions of this Act, or (b) who procures, or attempts to procure registration under this Act by making or producing or causing to be produced or made any false or fraudulent declaration or representation whether in writing or otherwise or (c) who willfully makes or makes false representation in any matter relating to the register or the list or any certificate issued under the provisions of this Act, or (d) who knowing or willfully makes or causes or prepares any other person to make any false statements in any notice under this Act— shall on conviction be punished with fine which may extend to five thousand rupees for the first offence and for any subsequent offence with simple imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Any person who not being a registered Nurse, Auxiliary Nurse Midwives, Female Health Worker, Health Visitor/ Health Supervisor takes or uses the name or title of registered or listed Nurse, Auxiliary Nurse Midwives, Female Health Worker, Health Visitor/ Health Supervisor use any name, title, description, specified uniform, object or sign board with the intention that it may be believed or with knowledge that it is likely to be believed that such person is registered shall be liable to: (a) for the first offence with fine which may extend to rupees five thousand only, and (b) for any subsequent offence with simple imprisonment for a term which may extend to three months or with fine which may extend to rupees ten thousand or with both.

Where an offence under this Act has been committed by a company or persons who, at the time of offence was committed, were in charge of and responsible to the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. EXPLANATION: For the purposes of this section, a company means corporate and includes a firm or other association of individuals.

No court shall take cognizance of any offence under this Act except on a complaint made with the previous sanction of the State Council.

Nothing in this Act shall apply to a registered medical practitioner. EXPLANATION: In this section, a registered medical practitioner means a person practicing medicine and registered as such under any law relating to the registration of persons practicing medicine.

If at any time it appears to the Government that the State Council has failed to exercise or exceeded or abused any of its powers conferred upon it under this Act, or failed to perform the duties conferred upon it by or under this Act, the State Government may dissolve the State Council and in case of dissolution of the State Council, cause all or any of the powers duties and functions of the State Council to be exercised, performed and discharged by an Administrator who is qualified as senior Nursing Officer till a new State Council is constituted.

The accounts of the State Council shall be audited in such manner as may be prescribed.

(1) The State Government may, subject to the condition of previous publication and by notification in the official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely,- (a) manner in which the President of the State Council shall be elected under sub-section (3) of Section 3; (b) manner in which the meetings of the State Council shall be convened, held and conducted under section 5, (c) manner in which the money received by the State Council shall be utilised under sub-section (2) of section 12; (d) form of registers to be maintained under section 15, (e) term of lists to be maintained by the State Council under section 16, (f) procedure to be followed by the State Council in disposing of the appeal under sub-section (3) of section 23, (g) auditing of the accounts of the State Council under section 33. (3) Every rule made by the State Government under this Act and every regulation made by the State Council thereunder shall be laid, as soon as after it is made, before the House of the Manipur Legislative Assembly, while it is session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions; and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule or regulation, or the House agrees that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything done under that rule or regulation.

(1) The State Council may, with the previous sanction of the Government and by notification in the official Gazette, make regulations not inconsistent with the provisions of this Act or the Rules, to carry out the purposes of this Act. (2) Without prejudice to the generality of the foregoing powers, such regulations may provide for— (a) payment of allowances to the President and other members of the State Council and to the members of the Committee; (b) the duties, powers, leave, suspension, removal and other terms and conditions of service of the Registrar, Officers and servants and the payment of salaries and allowance to such person; (c) the manner in which the accounts of the State Council shall be kept by the Registrar; (d) courses and restrictions which are to be complied with and the courses and examinations which are to be completed and passed by persons for registration under sub-section (1) of section 13; (e) the fees for registration under sub-section (1) of section 13, the renewal of registration under section 14 and the re-entry of names removed from the register under the provision of sub-section (2) of section 10; (f) the issue of copies of the orders of the State Council or of the Registrar and the cost of a copy of any entry from the register of lists.