Chapter II CONSTITUTION OF COUNCIL, APPOINTMENT OF OFFICE- BEARERS AND THE MAKING OF REGULATIONS

Constitution of the Punjab Nurses Registration Council.

1. (1) There shall be established a Council to be known as the Himachal Pradesh Nurses Registration Council which shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.
2. (2) The Council shall consist of the following members, namely:-
   • (a) the Director of Health Services, Himachal Pradesh;
   • (b) eight members to be appointed by the State Government from among the persons specified in the Schedule, four of whom shall be Nursing Superintendents of the hospitals training candidates for any of the examinations conducted by the Council;
   • (c) two registered nurses to be elected by the nurses registered under the Act;
   • (d) one registered health visitor to be elected by the health visitors registered under the Act;
   • (e) one registered midwife to be elected by the midwives registered under the Act: Provided that, should the registered nurses or the registered health visitors or the registered midwives fail after the occurrence of a vacancy to elect a member within such period as the State Government may by rule prescribe, the State Government may fill such vacancy by the appointment of a registered nurse, registered health visitor or registered midwife, as the case may be.
3. (3) The appointment and election of member shall be notified by the State Government.

Term of office of members.

1. (1) Except as otherwise provided in section 3 and in this section the term of office of a member of the Council other than a member appointed by virtue of his office, shall be five years and shall commence from the date of publication of the notification of his election or appointment. A member other than a member appointed by virtue of office when appointed in place of a member who has for any reason, vacated his office earlier than his term, shall hold office for the remaining period of the term of the member in whose place he has been nominated or elected.
2. (2) The term of office of a member of the Council appointed by virtue of his office shall continue so long as he holds the office in virtue of which he is such a member.
3. (3) Notwithstanding anything contained in this Act, an outgoing member shall, unless the State Government otherwise directs, continue in office until the election or appointment of his successor is notified.
4. (4) An outgoing member may if otherwise qualified be re-elected or re-appointed.

Cessation of membership. A member of the Council shall be deemed to have vacated his seat-

1. (a) if he submits his resignation in writing to the President of the Council;
2. (b) if he has, in the opinion of the Council without sufficient excuse, been absent from three consecutive meetings of the Council;
3. (c) if he has been absent out of India for more than one year continuously;
4. (d) if in the case of a member under clause (c),
5. (d) or
6. (e) of sub-section

1. (2) of section 3, he ceases to be a registered nurse, a registered health visitor or a registered midwife, as the case may be;
   • (e) if he refuses to act or becomes, in the opinion of the Council, incapable of acting, or has been declared bankrupt as an insolvent or has been convicted of any such offence or subjected by a criminal court to any such order as implies, in the opinion of the Council, a defect of character, which unfits him to be a member.

Power to vacate seat of a member. Notwithstanding anything contained in this Act, the State Government may, at any time, for any reason which it may deem to affect the public interests or at the request of a majority of two-thirds of the members of the Council, by notification, direct that the seat of any specified member, whether elected or appointed shall be vacated on a date specified in the notification and such seat shall thereupon be vacated accordingly.

1. (1) When the seat of an elected member becomes vacant under the provisions of section 5 or by his death, resignation or removal, a new member shall be elected, in accordance with the provision of this Act.
2. (2) When the seat of an appointed member becomes vacant under the provision of section 5 or by his death, resignation or removal, the State Government shall appoint another member in his place.

1. (1) The Director of Health Services Himachal Pradesh shall be the president of the Council.
2. (2) There shall be a vice-president of the Council elected by name from among its members at a meeting thereof.

1. (1) The term of office of a vice-president shall be five years.
2. (2) A vice-president may resign his office by notice in writing to the president, and on his resignation being accepted by the Council the office shall become vacant.
3. (3) When the office of vice-president becomes vacant another member shall be elected vice-president for the remainder of the term of office of the vice-president in whose place he is elected or for the remainder of his term of office as member whichever is less.

The Council shall appoint a registrar who shall also act as treasurer unless the Council appoints another person as treasurer, and may appoint such other officers or servants as it may deem necessary and every person so appointed shall subject to the rules be removable from office at the pleasure of the Council and shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

The quorum necessary for the transaction of business at a meeting of the Council shall be such number or proportion of the members of the Council as may, from time to time, be fixed by the regulations but shall not be less than five: Provided that, if at any meeting of the Council a quorum is not present the president shall adjourn the meeting and the business which would have been brought before the original meeting shall be brought before and transacted at the adjourned meeting whether there be a quorum present or not.

1. (1) The Council may make regulations consistent with this Act and with the rules made thereunder to provide for all or any of the following matters, namely:-
   • (a) the time and place of its meetings;
   • (b) the manner in which notice of a meeting shall be given;
   • (c) the conduct of business at a meeting, the record of proceedings and the adjournment of meetings;
   • (d) the quorum necessary for the transaction of business at a meeting;
   • (e) the appointment and constitution of sub-committees for any purpose relating to any matter with which the Council is empowered to deal and the co-option of persons specially qualified to advise on any particular matter;
   • (f) the payment of fees and travelling allowance to members for attendance at meetings of the Council;
   • (g) the custody of the common seal and the purpose, for which it shall be used;
   • (h) the person by whom receipts shall be granted on behalf of the Council for money received under this Act;
     • (i) the appointment, duties, executive power, leave, suspension and removal of its officers and servants and the payment of salaries or allowances to such persons.
2. (2) No regulation made under the provisions of sub-section
3. (1) shall take effect until it has been confirmed by the State Government and published in the Official Gazette.

Vacancies and irregularities not to invalidate proceedings. -No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy in the Council or on account of any defect or irregularity not affecting the merits of the case.