Chapter III REGISTRATION OF NURSES, HEALTH VISITORS, MIDWIVES, NURSE-DAIS, TRAINED DAIS AND DAIS

1. (1) Every person who complies with such conditions and restrictions as may be prescribed by the Council and-
   • (a) has undergone the necessary course of training or passed the examination, if any, prescribed for nurses, health visitors, midwives, nurse-dais, auxiliary nurses and midwives, or trained dais, or
   • (b) is registered as a nurse or midwife or health visitor by any association which is recognised by the Council, or
   • (c) is able to satisfy the Council that he has anywhere in India undergone a course of training or passed an examination, similar to the course of training and examination referred to in clause
   • (a) and recognised by the Council,
   • (d) is already employed or practising in Punjab as a dai, or is doing the same work as a nurse, health visitor, midwife, nurse-dai or trained dai, when this Act comes into force, may apply to the registrar to have his name registered : Provided that an application from a person who claims to be registered under clause
   • (d) shall not be entertained unless it is received within five years from the date on which this Act comes into force. (2)
   • (a) If the registrar is satisfied that any nurse, health visitor, midwife, nurse-dai, auxiliary nurse and midwife, or trained dai applying under clause
   • (a) or clause
   • (b) of sub-section
2. (1) is entitled to be registered he shall on payment of such fees as may be prescribed, enter the name of such nurse, health visitor, midwife, nurse-dai, auxiliary nurse and midwife or trained dai in the prescribed register.
   • (b) if the registrar is satisfied that any person applying under clause
   • (c) or clause
   • (d) of sub-section
3. (1) is entitled to be registered as a nurse, health visitor, midwife, nurse-dai, auxiliary nurse and midwife, or trained dai, as the case may be, he shall lay the application before the Council with a recommendation that he be permitted to enter the name of such person in the prescribed register, and shall not make any entry in the prescribed register in respect of such person until the entry is permitted by the Council to be made: Provided that -
   • (i) the registrar on receiving an application under clause
   • (a) or clause
   • (b) of sub-section
4. (1) from any person in respect of whom he considers that the Council may wish to exercise its powers or refusal under clause
   • (ii) of this proviso may refer the said application to the Council or to any sub committee appointed by the Council for that purpose and shall not make an entry in the register in respect such person until the entry is permitted by the Council to be made ;
   • (ii) the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council any defect of character such as would render him unfit for duty or who after an enquiry at which opportunity has been given to such person to be heard in person or by pleader has been held by the Council to have been guilty of any professional conduct or not to possess satisfactory professional qualifications ;
   • (iii) the Council may, at any time, issue a warning to or direct the removal of the name of a registered person for any of the reasons for which it could refuse to permit the registration of such person after an enquiry at which opportunity has been given to such person to be heard in person or by a counsel : Provided further that an appeal may be preferred to the State Government from an order of the Council passed under the first proviso to this sub-section if the appeal is made within one month, or such period as may be extended on sufficient cause shown for not preferring the appeal within time from the date of receipt of the registered notice intimating that the Council has refused to permit the registration or has removed the name of such person.
5. (3) If the registrar is not satisfied that such nurse, health visitor, midwife, nurse-dai, auxiliary nurse and midwife, trained dai or dai is entitled to be registered he shall reject the application provided that an appeal shall lie to the Council from such order of the registrar if such appeal is preferred within one month from the date of despatching by registered post a notice addressed to the applicant at the address from which the application was sent intimating that such application has been rejected.
6. (4) For the purpose of an enquiry under the first proviso to sub-section
7. (2) or of any appeal under sub-section
8. (3) the Council shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872, and shall exercise all the powers of a Commissioner under the Public Servants (Inquiries) Act, 1850, and such enquiry or appeal shall be conducted, so far as may be in accordance with the provisions of section 5 and sections 8 to 20 of the Public Servants (Inquiries) Act, 1840 ; provided that nothing contained in any Act shall prevent the Council from holding an enquiry or hearing any appeal in camera :

Registers to be maintained

1. (1) The registrar shall maintain the following registers :--
   • (a) a register showing the name and address of each registered nurse in the territories specified in sub-section
2. (1) of section 5 of the Punjab Re-organisation Act, 1966;
   • (b) a register showing the name and address of each registered health visitor in the territories specified in sub-section
3. (1) of section 5 of the Punjab Re-organisation Act, 1966;
   • (c) a register showing the name and address of each registered midwife in the territories specified in sub-section
4. (1) of section 5 of the Punjab Re-organisation Act, 1966;
   • (d) a register showing the name and address of each registered nurse-dai in territories specified in sub-section
5. (1) of section 5 of the Punjab Re-organisation Act, 1966;
   • (e) a register showing the name and address of each registered trained dai in the territories specified in sub-section
6. (1) of section 5 of the Punjab Re-organisation Act, 1966;
   • (f) a register showing the name and address of each registered auxiliary nurse and midwife in the territories specified in sub-section
7. (1) of section 5 of the Punjab Re-organisation Act, 1966.
8. (2) The registrar shall keep the registers in accordance with the provisions of this Act and of any rules or bye-laws made thereunder and shall from time to time make all necessary alterations in the names and addresses of such nurses, health visitors, midwives, nurse-dais, auxiliary nurses and midwives, or trained dais and remove the name of any such person who is dead.
9. (3) To enable the registrar to fulfil the duties imposed upon him by sub-sections
10. (1) and
11. (2) he may send through the post a registered letter to any person registered as a nurse, health visitor, midwife, nurse-dai, auxiliary nurse and midwife, or trained dai, addressed according to his registered address for the purpose of enquiring whether he has ceased to practise or whether his residence or address has been changed, and if no answer to any such letter is received within a period of six months from its despatch the registrar may remove the name of such person from the prescribed register : Provided that any name removed under this Act may, on representation made in this behalf, be re-entered in the register, subject to such conditions and payment of fees as may be specified in the direction of the Council, or the appellate authority if an appeal was preferred against the order of removal.
12. (4) Any entry in the registers which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made shall be removed or corrected in pursuance of a resolution of the Council.

1. (1) The registrar shall on or before a date to be fixed in this behalf by the Council, cause to be printed and published correct lists of the names for the time being entered in the registers setting forth-
   • (a) the names entered in the respective registers, arranged in alphabetical order;
   • (b) the registered address of each person whose name is entered in the register; and
   • (c) the registered qualification of each such person and the date on which such qualification was certified.
2. (2) Every court shall presume that any person whose name is entered in the latest of such lists 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 lists, a certified copy signed by the registrar, of the entry of the name of such person in the registers shall be conclusive 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 has been removed from such register and specifying the date of such removal shall be conclusive proof of the fact and date of such removal.

Power to prohibit unregistered persons from practising.—

1. (1) Any local authority may make bye-laws prohibiting un-registered persons from practising as nurses, health visitors, midwives, nurse-dais, [auxiliary nurses and midwives], trained dais or dais within the area subject to its authority and may in such bye-laws provide that any person practising in contravention of such bye-laws or any person committing or abetting the commitment of a breach of any such bye-laws shall be liable on conviction [by a Judicial Magistrate of the first class], to a fine not exceeding fifty rupees for a first offence, or to a fine not exceeding two hundred and fifty rupees for a second or subsequent offence.
2. (2) If any local authority fails to make bye-laws under sub-section (1), the [State Government] may, by notification, prohibit unregistered persons from practising as nurses, health visitors, midwives, nurse-dais, [auxiliary nurses and midwives], trained dais or dais within the area subject to such local authority and any unregistered person practising in contravention of such notification shall be liable, on conviction [by a Judicial Magistrate of the first class], to a fine not exceeding fifty rupees for a first offence, or to a fine not exceeding two hundred and fifty rupees for a second or subsequent offence.
3. (3) Notwithstanding anything to the contrary in any enactment, rule, bye-law or other provision of law for the time being in force, no person other than a registered nurse, a registered health visitor, a registered midwife, a registered trained dai or dai shall be competent to hold any appointment or be employed as such in any hospital, asylum, infirmary, dispensary, lying-in-hospital, nursing home, maternity home, health centre or other such institution, private or public, whether supported by voluntary contributions or not.

Power to make bye-laws.—The Council may, after previous publication, make bye-laws—

1. (a) to prescribe the courses of training of, and qualifications for the registration of, nurses, health visitors, midwives, nurse-dais, [auxiliary nurses and midwives], or trained dais, and to provide for the recognition of institutions competent to give such training;
2. (b) to regulate the issue of certificates, the maintenance of registers and the conditions of admission of names of person to such registers and to prescribe the form of application for such admission and the uniform or badge to be worn by registered nurses, registered mid-wives, registered nurse-dais [registered auxiliary nurses and midwives], registered trained dais while on duty;
3. (c) to prescribe the fees for registration and the re-entry of names removed from the registers;
4. (d) to regulate the publication of lists of registered nurses, registered health visitors, registered midwives, registered nurse-dais [registered auxiliary nurses and mid-wives], or registered trained dais;
5. (e) to regulate the conduct of and prescribe fees for examination of nurses, health visitors, mid-wives, nurse-dais, auxiliary nurses and midwives, nurse-dais and trained dais;
6. (f) to confer, grant or issue diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise or otherwise work as nurse, midwife, auxiliary nurse and mid-wife, health visitor, nurse dai, or trained dai;
7. (g) to prescribe fees for the affiliation of institutions recognised as training schools for nurses, midwives, nurse-dais, auxiliary nurses and mid-nurse-dai or trained dai;
8. (h) to prescribe the scale of fees, remuneration and travelling allowance to Examiners, Supervisors, invigilators and other persons appointed by the Council for the conduct of examination;
   • (i) to prescribe the prices of publications of the Council;
9. (j) to regulate the conduct of registered persons.

Confirmation and publication of bye-laws.—

1. (1) No bye-law made under [sections 17 and 18] shall come into force until six weeks after it has been confirmed by the [State Government] and published in the [Official Gazette].
2. (2) The [State Government] may cancel its confirmation of any such bye-law and thereupon the bye-law shall cease to have effect.

Power of Government to make rules.—

1. (1) The [State Government] may, after previous publication, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, the [State Government] may make rules—
   • (a) to regulate elections under section 3;
   • (b) to prescribe the form of the registers to be maintained under section 15;
   • (c) to regulate and restrict within due limits the practice of registered nurses, registered health visitors, registered midwives, registered nurse-dais, [registered auxiliary nurses and midwives] or registered trained dais;
   • (d) to regulate the procedure to be followed by the Council—
     • (i) in making a re-entry in the registers of the names of persons removed from such registers, and in withdrawing an order of suspension of practice passed on a registered nurse, registered health visitor, registered midwife, registered nurse-dai, or registered trained dai; and
     • (ii) in disposing of appeals from the decisions of the registrar made under section 14; and
     • (iii) in regulating the application of fees levied under this Act and of other moneys received by the Council for the purpose of this Act;
   • (e) to regulate the expenditure of the Council and to provide for the audits of its accounts.

Bar to suits in respect of acts done under this Act.—No act done in the exercise of any power conferred by this Act on the [State Government] or the Council or the registrar, shall be questioned in any civil court.

Exemption of registered medical practitioners from provisions of this Act.—Nothing in this Act shall apply to registered medical practitioners.

Penalty for dishonest use of certificate, etc.—Any person who—

1. (a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to any other person, or
2. (b) procures or attempts to procure registration under the provisions of this Act by making or producing or causing to be made or produced any false or fraudulent declaration, certificate or representation whether in writing or otherwise, or
3. (c) wilfully makes or causes to be made any falsification in any matter relating to the registers maintained or the certificates issued under the provisions of this Act, shall on conviction [by a Judicial Magistrate of the first class], be punishable with fine which may extend to three hundred rupees.

Penalty for unlawful assumption of title of registered nurse, health visitor, midwife, nurse-dai or trained dai.-Any person who, not being a registered nurse, or a registered health visitor, or a registered midwife, or a registered nurse-dai or a registered auxiliary nurse and midwife, or a registered trained dai, assumes or uses the name or title of a registered nurse or a nurse, a registered health visitor or a health visitor, a registered midwife or a midwife, a registered auxiliary nurse and midwife, or an auxiliary nurse and midwife, a registered trained dai or a trained dai, as the case may be, or uses any name, title, addition, description or signboard implying that such person is registered, or in any manner regulates the conduct of examinations or confers or grants diplomas or certificates except as provided in this Act or the rules or bye-laws made thereunder, shall, on conviction by a Judicial Magistrate of the first class, be liable to a fine not exceeding two hundred and fifty rupees in the case of a first offence and for a second or any subsequent offence, to a fine not exceeding five hundred rupees or imprisonment of either description for six months or both.

Bar to prosecutions under the Act.

1. (1) No court shall take cognizance of any offence punishable under this Act except on complaint made with the previous sanction of the Council.
2. (2) A complaint under this section shall be lodged by the Registrar in the court of competent jurisdiction within the district in which the office of the Council is located.
3. (3) The State Government may, from time to time, by notification, add to, amend, vary or rescind an entry in the Schedule.