The Nagaland Nursing Council Act, 2019

1) This Act may be called the Nagaland Nursing Council Act, 2019. 2) It shall extend to the whole of the state of Nagaland. 3) It shall come into force with effect from the date of their publication in the official Gazette.

In this Act, unless the context otherwise requires: a) "Act" means the Nagaland Nursing Council Act, 2019. b) "Council" means the Nagaland Nursing Council constituted under section 1 c) "Government" means the Government of Nagaland. d) "RNRM" means Registered Nurse Registered Midwife. e) "Nurse" means a person who possesses a certificate of RNRM on successful completion of the prescribed course from a recognized institution under section 16. 1) "LHV" (Lady Health Visitor) means a person who successfully completes Auxiliary Nurse-Midwives/ Female Health Worker course from a recognized institution under section 16 and has under gone 6 months promotee course. g) "Auxiliary Nurse-Midwife" or 'Female Health Worker" means a person who possesses a certificate of Auxiliary Nurse-Midwives or 'Female Health Worker from a recognized institution registered under Section 16; and have successfully completed two years training with a minimum qualification of 10+2 or equivalent. h) "Licensing Authority" means an officer authorized by the Government to issue license under this Act i) "Official Gazette" means the Nagaland Gazette. j) "Prescribed' means prescribed by the rules and regulations made under this Act. k) "President" means the president of the Nursing Council. 1) "Register" means a register for Nurses, Lady Health Visitors, Auxiliary Nurse Midwives/ Female Health Workers maintained under section 16 of this Act and the word "Registered and Registration" shall be constituted accordingly. m) "Registrar" or Deputy Registrar means Registrar or the Deputy Registrar referred to sub-section (1) of section 14. n) "Regulatiotf" means the regulations made by the Council under this Act. o) "Rules" means the rules made by the State Government under this Act p) "Section" means a section of the Act. q) "Inspector" means a nurse appointed by the Council.

The State Government may. by notification in the Official Gazette, establish a Council to be called the ' Nagaland Nursing Council' for the purpose of carrying out the provisions of this Act. The Nagaland NursinF, Council will be the statutory (legal) body for maintenance of uniform and high standards of nursing education in the State. The Council will grant recognition of nursing qualification. registration to nursing practitioners and monitor nursing practice in the State. The Council shall be body incorporated and have perpetual succession and a common Seal, with power to acquire hold and dispose property, both movable and immovable if acquired only with revenue generated by the Nursing Council subject to prior approval of the Government and shall by the said name, sue and be sued.

1) The State Government of Nagaland shall constitute the Council consisting of the following members, namely: a. One senior most Principal of College of Nursing. b. One senior most Principal of Schools of Nursing. c. One senior most Principal of ANM Training School. d. One senior most Principal from Private College of Nursing. e. One senior most Principal from Private Schools of Nursing. f. One senior most Nursing Superintendent of District Hospital, g. One senior most LHV/ANM from State Health Units. h. One senior most Nursing Officer of Private Hospital nominated by the Principal Director of Health & Family Welfare. i. Joint Director Nursing. Ex-officio. j. One senior most Nursing officer from the Directorate of Health & Family Welfare. k. One member nominated by the Trained Nurses' Association of India, Nagaland Branch, l. Director of Family Welfare. m. One nominee from the Directorate of Technical Education. n. Principal Director of Health & Family Welfare, ex-officio. o. One member of Nagaland Legislative Assembly to be nominated by the Speaker of the Assembly. p. One nominee from Law & Justice. 2) The name of every member nominated under sub-section (1) shall be published by the Government of Nagaland Official Gazette.

1) PRESIDENT AND VICE-PRESIDENT: At its first meeting, the Council shall proceed to elect the President and Vice-President from amongst the members thereof. The members present shall elect from amongst themselves a Chairperson for conducting the proceedings till the election of the President is held. Names shall be proposed and seconded by members at the meeting. Votes shall be taken by ballot, each member present having one vote for the election of the President and another one vote for the election of the Vice-President. In case of a tie, the chairperson shall have the right of casting vote. 2) When any vacancy arises in the office of the President or the Vice- President, the Council shall elect the President or the Vice-President as the case may be. at the first meeting, called after such vacancy. 3) The term of the President and the Vice-President shall be three years. The same person shall not be eligible to hold the office of the President for more than three years.

1) Subject to the provisions of Sections 7 and 8 and the Rules made under this Act, the term of the nominated member shall be of three years. 2) A nominated member shall be eligible for re-nomination as the case may be, after the expiry of his or her term of Office. 3) The powers of the Council shall be exercised not withstanding any vacancies in the number of its members fixed under section 6.

If the President or the Vice-President or any member dies or resigns his or her membership ceases as provided in section 8. The vacancies shalt be filled by fresh nomination in the case of member as provided by section 4 or by holding election in the case of the President, or the Vice- President as provided in sub-section (1) of section 5, as the case may be. Provided that any person nominated or elected to fill a casual vacancy shall hold office only so long as the member in whose place the nomination or election is made would have held office.

A nominated or elected member of the. Council shall be deemed to have vacated his or her seat, if: 1) He or She is absent without sufficient ground in the opinion of the council of three consecutive meetings of the Council; and 2) He or She is absent out of India for a period exceeding six months.

The Council may grant leave to any member to absent himself or herself from the meetings of the Council for period not exceeding six months.

1) The Council shall meets ordinarily, at least once in every six months for the transaction of its business, but the President may, whenever he or she thinks fit shall upon a written requisition of not less than seven members and on a date not later than 21 days after the receipt of such requisition call an extra ordinary meeting. Whenever it appears unnecessary to the President to convene a meeting, he or she may instead of convening a meeting, circulate a written proposition with the reason for such proposition for the observation and vote of the members of the Council. 2) The Council shall be empowered to regulate: a. The mode of transaction of business provisions for a decision on emergent matters by Circulation of papers to members, and for co-opting person(s) specially qualified to advice on any particular matters before the Council b. The time and place at which its meeting shall be held. c. The issue of notices convening such meetings; d. The conduct of business there-at; e. The constitution of the committee, the delegation to such committee, of any powers or duties of the Council under this Act: f. The procedure of the transaction of business shall not be transacted at any meeting Of the Council, unless a quorum of two third members are present: and g. All questions arising at any meeting of the Council shall be decided by votes of majority of the members present and voting or in any case of an equality of vote by casting votes of the President to the Council, or in his or her absence, of the member presiding at the meeting. 3) Until such time as the regulations referred to in sub-section (1) of section 36 have come into operation, it shall be lawful for the President of the Council to summon a meeting at such time and place, as appear expedient, by letter addressed to each member.

1) Executive Committee 2) Committee for protection of Nurses 3) Ethics Committee 4) Nursing Educational and Training Committee 5) Disciplinary Committee 6) Land and building Committee 7) Finance committee

In accordance with the nles made in this regard, there shall he paid to the members of the Council such fees or traveling expenses for attendance at the meeting of the Council or for inspecting institutions from time to time as may be allowed by the Council.

1) The income of the Council shailconsist of a. Registration fees received from the practitioners b. Grants received from the Government, if any, and c. Donations and gifts or and other sums raised by the Council 2) It shall be competent for the Council to incur expenditure for the following purposes:, namely: a. Salaries and allowances of the Registrar and the staff maintained by the Council. b. Fees and allowances paid to the members of the council and of the Executive Commmee c. Remuneration paid to the Assessors and d. Such other expenses as are necessary for performing the duties and discharin ' the functions under this Act.

1) With the previous approval of the State Govenuneni the Council, a. Shall appoint a full time nurse as the Registrar having minimum qualification of BSc degree in nursing, preference to post-graduates. b. Shall appoint Deputy Registrar having minimum qualification of B.Sc degree in nursing with 5 years experience in administration and teaching. Post Graduate qualification shall he given preferenccs 2) The pay and allowances payable to the Registrar, officers and other employees of the Council shall be fixed by the Council with the approval of the State Government. 3) The Council may, with the previous sanction of the Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon her/him in the manner as may be provided by the regulation. 4) The Council may appoint such other officers like Consultant. Clerks and other staffs as it may consider necessary for the purpose of this Act, and determine to 'a' them sala and allowances. 5) The Registrar shall be the Secretary and the Executive Officer of the Council. She shall attend all meetings of the Council and shall keep minutes of the meeting and the names of the members present and the proceedings of such meetings. 6) The Registrar shall act as treasurer to the Council. 7) The accounts of the Council shall be kept by the Registrar in the manner as prescribed regulations. 8) The Registrar shall have supervisory power over the staff as may be prescribed by the regulations and may perform such other duties and discharge such other functions as may be s' ifiedinthis'Act'

The Nagaland Nursing Council shall by notification, amend the schedule so as to include therein any subject not already specified therein or omit there any subject or modify the description of any subject.

The Council shall maintain a Register of: 1) Nurses 2) Lady Health Visitors 3) Auxiliary Nurse Midwives/ Female Health Workers in such forms containing such particulars and divided into such part as may be prescribed.

1) The Registrar shall maintain the registers in accordance with the provisions of this Act and in accordance with any orders made by the Council and shall from time to time update and make all necessary alterations in the registered address or appointments and III the classifications of the registered Nurses, Lady Health Visitors, Auxiliary Nurse Midwives/ Female Health workers and erase the name of any such Nurse, Lady Health Visitors, Auxiliary Nurse Midwife /Female Health Workers who is dead or has ceased to practice. 2) To enable the Registrar to fulfill the duties imposed upon him/her by sub-section (1) he or she may send notice to any person registered according to his or her registered address or appointment as has been changed, and if no reply to any such notice is received within a period of six months from the date of its dispatch. the Registrar maijrase the name of such person from the Register in which it's entered. Provided that any name erased under sub-section (2) may be re-entered in the Register under the direction of the Council. 3) The candidate applying for registration should enclose Provisional Certificate, two copies of passport size photographs with uniform in his or her application duly countersigned by the Head of the Institution from where he or she was trained, One copy of photograph will be affixed on the certificate, and other copy in the register itself, in case of applying for duplicate copy of the Certificate, the applicant will have to send his or her photographs again, without which no duplicate copy will be issued.

On receipt or the Death Certificate from prescribed authority, the Council shall mark the deceased person as "Death" in the remark column of the Register in which his or her name is entered.

If the Council is satisfied that any entry in the Register has been fraudulently or incorrectly made the same may be erased under the order of the Council. There shall be enalt to Registrar.

1) Nurses, Lady Health Visitors and Auxiliary Nurse Midwives/ Female Health Workers who have undergone the course of training as prescribed by the Indian Nursing Council from a recognized training Institution, and passed the examination and fulfilled such further conditions as may be prescribed. 2) A person already registered under the Assam Nurses' Midwives' & Health Visitors' Council Registration Act, 1944 and which person are residing and practicing as a nurse in the state of Nagaland immediately before the commencement of this Act.

On receipt of an application in the prescribed form and on payment of such fee, not being less than the fee payable on ordinary application for registration under this Act as the Council may determine, any person shall he entitled to be registered under this Act, provided to the satisfaction of the Council that he or she has been registered either as Nurse, Lady Health Visitor .Auxiliary Nurse Midwives /Female Health Worker established under the said Act or provision is not lower than the standard of the training and examination required under this Act.

The Council may by order bar, suspend or remove the registration of a Nurse, Lady Health Visitor, Auxiliary Nurse Midwife/ Female Health Worker on any of the following grounds: 1) That he or she has been sentenced by any Court of law, for any non-bailable offence or sentence not having been subsequently reserved or quashed; 2) That he or she has been convicted by a Court of law of any offence involving moral turpitude; 3) That he or she has been guilty of professional misconduct, professional incompetence, negligence of duty, or lack of integrity or professional ethics: or issuing of fraudulent documents( certificates. 4) Provided that no action shall be taken on the grounds referred to clauses (h) and (c) above of this section unless an enquiry in which an opportunity has been given to the person concerned to stare his or her case, has been made and the Council by a majority of two-thirds of the members present and voting decides that such action should be taken. 5) Rhi any name so removed may afterwards be re-entered in the Register and any order of refusal of registration passed wider sub-section Ii) may be withdrawn under the direction of the Council given by majority of t o-thirds of the members present and votin' at the meetIn.

The registration under this Act shall not confer upon any person the right to assume any title, name or designation implying that he or she is by law , recognized as a Medical Practitioner, or that he or she is authorized to grant any Medical Certificate.

1) The Institution which are approved and recognized by the Council after inspection by its President or any member appointed by the President shall be competent to train Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers and to send them for examination for the qualifying certificates of the Council. 2) All the recognized institutions shall be inspected by the President of the council or any member appointed by the President at least once in two years conforming to Indian Nursing Council ruidelines.

The Council may authorize the Registrar or any member to inspect any Hospital, Health institution, Nursing honns, college of Nursing or School of Nursing to ascertain that the persons working therein as Nurse are registered with the Council and, in the case of a School of Nursing, Auxiliary Nurse Midwife Training Centre etc. that it conforms to the standards prescribed and the Registrar may call for records and other information from the authority concerned and such authority shall supply all true and correct information in its possession. This rule will be in conformation with Indian Nursing Council.

1) Whenever the Council on receipt of an adverse report, is of opinion that an enquiry, should be made as to the desirability of withdrawing recognition from a particular institution, it shall depute its President and a member for further inspection on such terms as it thinks fit and at the same time call upon the Institution with Indian Nursing Council conformation to show cause as to why its recognition should not be withdrawn. The Council, after consideration of the report so received and of the explanation, if any, by the. Institution, may withdraw the recognition.. The order of such withdrawal shall be in writing and served in-the prescribed manner. 2) The council may, for reason to be recorded in writing, de-recognize a College of Nursing, School of Nursing. and Female Health Worker Training School if it is of the opinion that the training standards has fallen short of the requirement, or that it is otherwise no longer desirable to recognize it in public interest

Any person or Institution aggrieved by an order of Council under section 22 or section 26 may appeal to the Government within thirty days from the date of such order and the decision of the Government on the a cal shall be final.

No Hospital, College of Nursing, School of Nursing and Female Health Worker Training School which has not been approved of recognized under sub-section (1) of section 24 shall issue to any person a Certificate or enter the name of any person on a list of register or other documents purporting to show that such person is qualified by having passed an; examination or undergone any course of training to practice as Nurse, Lady Health Visitors, Auxiliary Nurse Midwife / Female Health Workers unless such person has been registered under this Act.

Afler the expiration of 12 (twelve) months from the commencement of this Act, no Government or private Health Institution, Hospital, Dispensary, inflimary or lying in Hospital shall employ any category of Nurse, Lady Health Visitor, Auxiliary Nurse Midwives/ Female Health Workers unless he or she is registered under this Act.

Any person who practices or allows a person to practice as a Nurse, Lady Health Visitor, Female Health Worker/ Auxiliary Nurse Midwife in contravention of section 29 shall be punished with imprisonment which may extend up to 2 years and liable 10 a fine or both.

Any person (S) who: 1) Dishonestly makes use of any Certificate of registration issued under the provisions of this Act to him or her or any other person; or 2) Procures or attempt to procure registration under provisions of this Act by making or producing causing to be made or produced any false or fraudulent declaration, or certificate or representation whether in writing or otherwise; or 3) Willfully makes or causes to make any false representation in any matter relating to the registration of Certificates issued under the provisions of this Act: or 4) Being the Secretary, Manager or other Officer of 'a Hospital, School or other Institution issues or authorizes the issue of a certificate to any person or enters, or authorizes entry of the name of such person in contravention of section 28 shall be punished with imprisonment which may extend up to 7 years and liable to a fine or both.

Any person who not being a Nurse. Lady Health Visitor. Auxiliary Nurse Midwife Female Health -Worker registered wider ihisAct, assumes or uses the name or tule of Registered Nurse. Lady Health Visitor, Auxiliary Nurse Midwives / Female Health Worker or uses any name, title, addition, description or signboard implying that such person is a Registered Nurse, Lady Health Visitor, Auxiliary Nurse Midwtfe Female Health Worker as the case may be, shall be punished with imprisonment which may extend up to2 years and table toa fine orboth.

1) The Registrar shall, in every live sears on or oerore i UdtV LU be fixed in this behalf by the Council cause to be printed and published correct list of the names for the time being entered in several parts of the Registers of Registered Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers setting forth: a. All the names entered in several parts of the respective Registers arranged in alphabetical order according to surnames. b. The registered address or appointment of each person whose name is so entered in the registers; and c. The registered qualification of each, such person and the date on which such qualification was certified. 2) Every Court shall presume that any person whose name is entered in the latest such list is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act. Provided that in the case of any person whose name does not appear in such printed lists, has a certified copy, signed by the Registrar of the entry of the name of such person in a Register of Nurses, Lady Health Visitors , Auxiliary Nurse Midwives / Female Health Workers shall be evidence that such person is registered under this Act. Provided further that a certificate purporting to be signed by the Registrar stating that the name of a person on the printed Register of Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers or, as the case may be, has been removed from such Register specifying the date of such removal be evidence that such person is not registered under this Act and of the date from which he or she ceased to be so registered.

No Court of law lower than of a Magistrate of First Class shall in any offences under this Act.

No Magistrate shall take cognizance of any offence punishable under this Act except upon complain made by the Council.

1) The State Government may by notification in the Official Gazette make rules to carry out all or any of the purposes of this Act. 2) In particular and without prejudice to the generally of the foregoing powers such rules may provide for all or any of the following matters, namely a. Prescription of the period of less than 3 years for which a member of the Council may hold office under section 6 b. Prescription of the manner in which nomination and election of President and Vice-President shall be made and casual vacancies shall he filled under sections 5 and 7: c. Prescription of the form in which a Register shall be kept, the particulars to be entered in such Register, and the parts in which such Register shall be divided wider section 16; d. Prescription of the manner in which an order of removal or refusal shall be served on persons under section 22: e. Prescription of the fees payable in respect of an appeal under section 27; and f, Any matter which is to be or may be prescribed. 3) To maintain the live register and to provide for the registration of all categories in section 16. 4) To prescribe a code of ethics for regulating the professional conduct of practitioners. 5) Lends advice to the State Government on matters relating to the Nursing education and practice in Nursing. 6) To provide protection to its members in discharging professional duties. 7) To ensure that no unqualified person practices modem scientific system of Nursin.

The Council may make regulations not inconsistent with this Act or the rules made there under. 1) regulating the compilation, maintenance and publication of the Register and the conditions of admission to the Register; 2) prescribing the fees payable on application for registration, the forms in which such applications shall be made and the conditions subject to which names shall be entered in the Register 3) prescribing and regulating the examination which must be passed as a condition of matter ancillary to or connected with such examination, including the courses of training which the Ptes appearin for examination shall undergo; 4) prescribing the cause for which, the conditions, under which and the manner in which the names. of Nurses, Lady Health Visitors, Auxiliary Nurse Midwives) Female Health Workers, may be removed or re-entered in the Register under section S) for the approval of any Institution for the purpose of such training and the granting of certificates to candidates passing examination. 6) rulating the conditions under which Institutions for nursin eg g the sick, maternity and child welfare may be approved and recognized by the Council 7) appointing a Registrar and such other servants as may be necessary; 8) regulating the pay, pension, conduct and other conditions of services of persons; 9) regulating and supervising the practice of their profession by the registered Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers: lQ)regulating the publication of the names registered under Nurses, Lady Health Visitors, Auxiliary Nurse Midwives Female Health workers and their residences: ii) regulating the condition under which such Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health \Vorkers registered in other States in India or in any Countries other than India may be admitted to the Register, on such other State and Countries granting reciprocal registration to persons registered on the Register of the Council; 12) determining the manner in which all fees levied under this Act and money received by the Council shall be accounted for, audited and applied for the purpose of ibis Act, and for regulating the expenditure of the Council generally: and 13) generally for the provision of any matters in respect of which the Council considers necessary provision shall be made for the purpose of this Act; 14) all the regulations made under this section shall be published in the Official Gazette after approval by the State Government. 15) for the. conduct practice and professional ethics for the Nurses, Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers; and any other matter which is required to be prescribed by regulations, for purposes of this Act.

after giving such employee a show cause notice. The Council may, with the previous sanction of the Government terminate the service of the Registrar iDeputy Registrar as per the procedure laid down under the Public Servants (Inquiries) Act,

The Council shall establish a provident fund and provide for gratuity, in accordance with the statutory provisions. Other terms of service like leave, leave encashment, leave travel concession, etc.. Shall be similar to those applicable to the employees of the Government. The Council shall provide medical insurance policy for the staff members and their dependent family and will also reimburse a sum up to a maximum of fifteen days basic pay of an employee per year for out-patient medical treatment for herself and her dependent family.

1) The Council shall inaiutam [Ile following registers- a) Cash books b) Ledger c) Stock register d) Receipt books ej Register for grants U Voucher files S) Attendance roll h) Register of leave accounts I) Service books and j) Other registers as may be necessary. 2) The annual accounts shall be audited in accordance with statutory and administrative requirements as applicable. 3) Bank Accounts of the Council shall be opened in nationalized iScbeduled Banks. The Registrar !Deputy Registrar and the Accounts Officer of the Council shall be the authorized signatory of Bank Accounts of the Council. 4) The Council may deposit its own funds in fixed deposits in Nationalized/ Scheduled Banks or may invest its own funds in any of the securities specified by the Registrar.

request for migration to another Nursing Council shall be considered by the Council and after the approval by the Council, 'No Objection" certificate shall be issued by the Registrar on receipt of application along with fees as prescribed.

Certificate of good standing may be issued by the Registrar to registered practitioners on receipt of an application along with fees as prescribed provided that no enquiry is pending against the applicant. The certificate shall be valid for a period of six months from the dale of issue.

A sum of jive hundred rupees per meeting shalt be payable as honorarium to Members of the Council. Executive Committee or co-opted members from outsidefaSsessor for attending meetings. This amount may be revised from time to time by the Council.

1) Fee shall be levied by the Council as given in Appendix D, subje ct (0 revisiOn from time to time with the approval of the Government. 2) The above fee structure may be revised from time to time.