The Tamil Nadu Nurses and Midwives Act, 1926

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The Tamil Nadu Nurses and Midwives Act, 1926

Act 3 of 1926

Keyword(s): Council, Dhai, Nurse, Register

Amendment appended: 26 of 1960

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(1) This Act may be called the Tamil Nadu Nurses and Midwives Act, 1926. (2) It shall extend to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless there is anything repugnant in the subject or context- (a) 'Council' means the Tamil Nadu Nurses and Midwives Council established under this Act; (b) 'Dhai' means an untrained woman practising the profession of midwifery; (c) 'Nurse' includes a male nurse; (d) 'Prescribed' means prescribed by rules or by-laws made under this Act; (e) 'Register' means a register maintained under this Act and 'registered' means registered or deemed to be registered under this Act.

A member who fails to attend three consecutive meetings of the Council shall cease to be a member unless restored by the Council at its next meeting.

(1) The Council shall maintain a register of nurses, midwives, health visitors and auxiliary nurse-midwives and in such register shall be entered the names of all nurses, midwives, health visitors and auxiliary nurse-midwives, who have undergone the course of training and passed the examinations and fulfilled the conditions prescribed. (2) The register referred to in sub-section (1) shall consist of such parts, and shall be maintained in such manner as may be prescribed.

The Council shall maintain a register of dhais, admission to which shall be regulated by such conditions and restrictions as may be prescribed.

Subject to such conditions and in such manner as may be prescribed, the Council may refuse to enter the name of any nurse, midwife, health visitor, auxiliary nurse-midwife or dhai in the register or remove the name of any nurse, midwife, health visitor, auxiliary nurse-midwife or dhai from the register or restore thereto the name of any nurse, midwife, health visitor, auxiliary nurse-midwife or dhai so removed.

(1) Any nurse, midwife, health visitor, auxiliary nurse-midwife or dhai aggrieved by an order of the council under section 7 may, within three months from the date on which notice of such order is given, appeal against the order of the Council. (2) Such appeal shall be heard by a Tribunal of three persons selected in relation- (a) One from a panel of not less than six persons of not less than twelve years' experience as a Magistrate or Civil Judge nominated by the State Government; (b) One from a panel of not less than six registered medical practitioners selected in the prescribed manner by the Medical Council established under sub-section (1) of section 5 of the Tamil Nadu Medical Registration Act, 1914; and (c) One from a panel of not less than six registered nurses holding both general and maternity certificates and selected in the prescribed manner by the registered nurses, midwives, health visitors and auxiliary nurse-midwives. (3) The order of the Tribunal shall be final.

Any person aggrieved by the refusal of the Council to approve any institution or person under any rules relating to training made under this Act, may appeal against the refusal to the State Government and the State Government may give such directions as they think proper and the Council shall comply with the directions so given.

(1) Except with the special sanction of the State Government, no person shall, after the expiry of three years from the commencement of this Act, be competent to hold any appointment as nurse, midwife, health visitor or auxiliary nurse-midwife in any hospital, dispensary, or infirmary not supported entirely by voluntary contributions unless such person is registered as nurse, midwife, health visitor or auxiliary nurse-midwife under this Act. Explanation.—In relation to a health visitor or auxiliary nurse-midwife, the expression 'commencement of this Act' in this sub-section shall be construed as referring to the date of the coming into force of the Tamil Nadu Nurses and Midwives (Amendment) Act, 1960. (2) After the expiry of one year from the commencement of this Act, no subsidy shall be paid by the State Government or by a local authority to any medical practitioner who employs a dhai other than a registered dhai.

(1) The State Government may, after previous publication, make rules to carry out all or any of the purposes of this Act not inconsistent therewith. (2) In particular, and without prejudice to the generality of the foregoing power, they may make rules— (a) regulating the conduct of the elections of members of the council ; (b) regulating the conditions of admission to the register ; (bb) prescribing the conditions and restrictions subject to which the Council shall enter in the register referred to in sub-section (1) of section 5, the name of any person under sub-section (2) of section 5-A ; (c) regulating the conduct of any examinations which may be prescribed as a condition of admission to the register, and any matters ancillary to or connected with such examinations ; (d) prescribing the causes for which, the conditions under which and the manner in which, the nurses, midwives, health visitors, auxiliary nurse-midwives and dhais may be removed from the register and the procedure for restoration to the register of nurses, midwives, health visitors, auxiliary nurse-midwives and dhais who have been removed therefrom; (e) regulating the selection of the panels and the constitution of the Tribunal specified in sub-section (2) of section 8 and the procedure to be followed by the Tribunal ; (f) prescribing the fees to be paid in respect of an appeal under this Act ; (g) determining the manner in which all fees levied under this Act and all moneys received by the Council shall be applied for the purposes of this Act. (3) All rules made under this Act shall, as soon as possible after they are made, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.

(1) The Council may make by-laws not inconsistent with this Act or any other law— (a) for regulating the compilation, maintenance and publication of the register ; (b) for regulating and supervising the practice of their profession by registered nurses, midwives, health visitors, auxiliary nurse-midwives and dhais ; (d) for prescribing the rates of fees to be charged for examinations prescribed for admission to the register and for registration ; (e) for regulating the summoning of meetings of the Council and its proceedings ; and (f) for regulating the expenditure of the Council and providing for the audit thereof. (2) No by-law made by the Council shall come into force until it has been confirmed by the State Government with or without modification or amendment.

(1) Save as provided in this Act or the rules or by-laws made thereunder, no person shall grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, licence, certificate or other document stating or implying that the holder, grantee or recipient is qualified to practise the profession of a registered nurse, midwife, health visitor, auxiliary nurse-midwife or dhai. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to Rs. 1,000; and if the person so contravening is an association, every member of such association who knowingly and wilfully authorizes or permits the contravention, shall be punishable with fine which may extend to Rs. 500.

Any person who— (a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to any other person, (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 (c) wilfully makes or causes to be made any false representation in any matter relating to the register or the certificates issued under the provisions of this Act, shall be punishable with fine not exceeding Rs. 250.

(1) Any person, who, not being a registered nurse or health visitor takes or uses the name or title of registered nurse or health visitor or uses any name, title, description, uniform, badge or signboard, with the intention that it may be believed or with the knowledge that it is likely to be believed that such person is a registered nurse or health visitor shall be punishable with fine not exceeding Rs. 100. (2) Any person, who, not being a registered midwife, auxiliary nurse-midwife or dhai takes or uses the name or title of registered midwife, auxiliary nurse-midwife or dhai or uses any name, title, description, uniform, badge or signboard, with the intention that it may be believed or with the knowledge that it is likely to be believed that such person is a registered midwife, auxiliary nurse-midwife or dhai shall be punishable with fine not exceeding Rs. 50. (4) Any appointment, notification, notice, order, rule, regulation or form made, issued or any rule, regulation or form framed, certificate granted or registration effected, under the corresponding law shall be deemed to have been done or taken under the Tamil Nadu Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under the Tamil Nadu Act. (5) Unless the context otherwise requires, the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891), shall apply for the interpretation of the Tamil Nadu Act as extended to, and in force in, the transferred territory. (6) For the purpose of facilitating the application of the Tamil Nadu Act in the transferred territory, any court or other authority may construe such Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority. (7) Any reference in the Tamil Nadu Act to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the law, if any, in force in that territory corresponding to such law. (8) Any reference to the corresponding law in any law which continues to be in force in the transferred territory after the date of the commencement of this Act shall, in relation to that territory, be construed as a reference to the Tamil Nadu Act. Explanation.—For the purpose of this section, the expression "transferred territory" shall mean the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.