section 32
Power of Council to make by-laws
The Sikkim Nurses, Midwives and Health Visitors Act, 2008Part VII MISCELLANEOUS i
(1) The Council may make by-laws not inconsistent with this Act or the rules- (a) for regulating the compilation, maintenance and publication of the register or list and the conditions of admission to the register or list; (b) for regulating the conduct of any examinations which may be prescribed as a condition of admission to the register and any matter ancillary to or connected with such examinations, including the courses of training which the candidates appearing for the examinations shall undergo; (c) for determining the manner in which the list shall be maintained, the conditions which shall be fulfilled by persons whose names are to be entered in the list, the qualifying examination to be passed by persons whose names are entered in the list and for regulating the conduct of such examinations; (d) for the approval of any institution for the purpose of such training and the granting of diplomas to candidates passing the examinations; (e) for regulating the conditions under which institutions for nursing the sick, maternity or child welfare may be affiliated to the Council; (f) for appointing a Registrar and such other servants as may be necessary; (g) for regulating the pay, pension, conduct and other conditions of service of persons appointed under clause (f); (h) for establishing a provident fund for the benefit of the employees of the Council and of affiliated institutions and regulating its administration; (i) for regulating and supervising the practice of their profession by registered nurse-midwives, nurses, midwives, auxiliary nurse-midwives, health visitors and public health nurses and by persons whose names are entered in the list; (j) for regulating the publication of the names of registered nurse-midwives, nurses, midwives, auxiliary nurse-midwives and health visitors and public health nurses and of persons whose names are entered in the list and their residence; (k) for regulating the conditions under which such nurses, midwives, auxiliary nurse-midwives and health visitors registered in other States may be admitted to the register, on such other States granting reciprocal registration to persons registered on the register of the Council; (l) for determining the form and the manner in which notices under section 23 shall be given; (m) for determining the manner of inspection of the nurses establishments, the statements to be furnished and records to be maintained by such establishments; (n) for regulating the summoning of meetings of the Council and its proceedings; (o) for determining the manner in which all fees levied under this Act and all money received by the Council shall be accounted for, audited and applied for the purposes of this Act, and for regulating the expenditure of the Council generally; (p) for prescribing the travelling and other expenses payable to the members of the Council or of committees; (q) generally for the provisions of any matter in respect of which the Council considers provision should be made for the purposes of this Act. (2) The Council may make regulations generally to carry out the provisions of this Act, and in particular and without prejudice to the generality of the foregoing power, such regulations may provide for (a) the management of the property of the Council and the maintenance and audit of its accounts; (b) the manner in which elections referred to in sub-section (2) of section 5 and in clause (a) of sub-section (2) of section 9, shall be conducted; (c) the summoning and holding of the meetings of the Council, the times and places at which such meetings shall be held; (d) the conduct of business thereat and the number of members necessary to constitute a quorum; (e) prescribing the functions of the Executive Committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held and the number of members necessary to constitute a quorum; (f) prescribing the powers and duties of the President and the Vice-President; (g) prescribing the tenure of office and the powers and duties of the Secretary and other officers and servants of the Council; (h) prescribing the powers and duties of inspectors; (i) prescribing the standard curricula for the training of nurses, midwives and health visitors for training courses for teachers of nurses, midwives and health visitors, and for training in nursing administration; (j) prescribing the conditions of admission to courses of training as aforesaid; (k) prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognised under this Act. (3) To enable the council to be first constituted, the Governor may, with the previous sanction of the State Government, make regulations for the conduct of the elections referred to in sub-section (2) of section 5, and any regulations so made be altered or rescinded by the Council in exercise of its powers under this section. (4) No by-law made by the Council shall come into force until it has been approved by the State Government, with or without modification or amendment. (5) All by-laws made under this section shall be published in the Official Gazette. (6) It shall be lawful for the State Government by notification, to cancel or amend any by-law made under this Act. (1) The Council may make by-laws for any of the following purposes: (c) the manner in which elections referred to in sub section (2) of section 5 and in clause (a) of sub-section (2) of section 8, shall be conducted; (d) the summoning and holding of the meetings of the Council; (e) the times and places at which such meetings shall be held; (f) the conduct of business thereat and the number of members necessary to constitute a quorum; (g) prescribing the functions of the Executive Committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held and the number of members necessary to constitute a quorum; (h) prescribing the powers and duties of the President and the Vice-President; (i) prescribing the tenure of office and the powers and duties of the Secretary and other officers and servants of the Council; (j) prescribing the powers and duties of inspectors; (k) prescribing the standard curricula for the training of nurses, midwives and health visitors for training courses for teachers of nurses, midwives and health visitors, and for training in nursing administration: Provided the candidate has passed from the institute recognized by the Indian Nursing Council; (l) prescribing records and other courses of training as aforesaid; (m) prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognised under this Act. (2) To enable the council to be first constituted, the Governor may, with the previous sanction of the State Government, make regulations for the conduct of the elections referred to in sub-section (2) of section 5, and any regulations so made be altered or rescinded by the Council in exercise of its powers under this section. (3) No by-law made by the Council shall come into force until it has been approved by the State Government, with or without modification or amendment. (4) All by-laws made under this section shall be published in the Official Gazette. (5) It shall be lawful for the State Government by notification, to cancel or amend any by-law made under this Act.
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