The NAGALAND NURSING COUNCIL ACT, 2019
This provision sets up Nagaland’s nursing council system, registration process, and enforcement rules for nurses and related categories.
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This provision sets up Nagaland’s nursing council system, registration process, and enforcement rules for nurses and related categories. This provision sets meeting rules, complaint handling steps, staff service terms, registration notices, and related fees for the Nursing Council.
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Provisions of The NAGALAND NURSING COUNCIL ACT, 2019
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AI-assisted research summary: This provision sets up Nagaland’s nursing council system, registration process, and enforcement rules for nurses and related categories.
The Nagaland Gazette(cid:9) 29, June, 2019 PART-V NOTIFICATION Dated Kohima, the I 6 June 2019. No1AW/ACT/3-15/2019 The Naga-and Nursing Council Act, 2019 (Act No.4 of 2019) duly assented by the Hon'bte Governor of Nagaland on 03/05/20.19 is published herewith for general information. Sd!- IMTIAKtIM Deputy Secretary to the Govt. of Nagaland. AN ACE To provide for the establishment of a Nursing Council for the State of Nagaland for registration of Nurses, Midwives, Lady Health Visitors, Auxiliary Nurse Midwives/ Female Health Workers Registration of Nursing Institutions and to regulation their qualification with the Council and for matters Ancillary thereto. Be it enacted by the Legislative Assembly of Nagaland state in the Sixty-ninth Year of the Republic of India and the Fifty furdt year of the Slate of Nagaland as follows: THE NACALAND NURSING COUNCIL ACT 2019 SCHEDULE THE NAGALAND NURSING COUNCIL ACT 2019 AnAct to provide for the establishment of Nursing education in the State and to regulate the practice by NURSING practitioners and NURSING EDUCATION. Be it enacted by the Legislative Assembly of Nagaland state in the Sixty-ninth Year of the Republic of India and the Fifty fourth year of the State of Nagaland as follows: (cid:9) 11 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 THE NAGALAND NURSING COUNCIL ACT 2019 CHAPTER. 1 PRELIMINARY I Short (cid:9) title, Extent and I) This Act may be called the Nagaland Nursing Council Act, Commencement 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. 2. Definitions 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) "Lily"(cid:9) (Lady(cid:9) Health. Visitor)(cid:9) means(cid:9) a(cid:9) person(cid:9) who successfully completes(cid:9) 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(cid:9) possesses(cid:9) a (cid:9) certificate of Auxiliary Nurse- Midwives or 'Female Health Worker from(cid:9) a(cid:9) recognized institution(cid:9) registered(cid:9) under Section(cid:9) 16;(cid:9) and(cid:9) have successfully(cid:9) completed(cid:9) two(cid:9) years(cid:9) training(cid:9) with(cid:9) 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)(cid:9) "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. 29, June, 2019(cid:9) The Nagaland Gazette, Part-V(cid:9) 12 ii(cid:9) 'Regulatiotf' means the regulations made by the Council under this Act. a) "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. CIi.IIF: R U ESTABLISHMENT OF COUNCIL Establishment and Powers of The State Government may. hr notification in the Official Gazette, the Council(cid:9) establish a Council(cid:9) 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. 4. Constitution (cid:9) and 1) The State Government of Nagaland shall constitute the Council Composition of Council(cid:9) 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. One senior most Nursing officer from the Directorate 13(cid:9) The Nagaland Gazette, Part-V (cid:9) 29, June, 2019 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, I.(cid:9) Director of Family Welfare. m. One nominee from the Directorate of Technical Education. ii. 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, 5. Election and Terms of the I) PRESIDENT AND VICE-PRESIDENT: At its first meeting, President and Vice President 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. 6. Term of office and(cid:9) casual 1) Subject to the provisions of Sections 7 and 8 and the vacancies 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(cid:9) Council shall be exercised(cid:9) not withstanding any vacancies in the number of its members fixed under section 6. 7.(cid:9) Filling up of casual vacancies 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. (cid:9)(cid:9)(cid:9) (cid:9) (cid:9) 29, June, 2019 The Nagaland Gazette, Part-V 14 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. 8.(cid:9) Cessation(cid:9) of (cid:9) Council A nominated or elected member of the. Council shall be deemed to Membership 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. 9.(cid:9) Leave of absence of Council The Council may grant leave to any member to absent himself members or herself from the meetings of the Council for period not exceeding six months. 10. Meeting of the Council(cid:9) and 1) The Council shall meets ordinarily, at least once in every six constitution of Committee months for the transaction of its business, but (cid:9) the(cid:9) 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(cid:9) call(cid:9) 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 reeggnullaattee:-- aa..(cid:9) The mode of transaction of business provisions for 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 (cid:9) 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.(cid:9) All questions arising at any meeting(cid:9) of (cid:9) the(cid:9) Council shall be(cid:9) decided(cid:9) by votes of majority of the members present and(cid:9) 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(cid:9) have come(cid:9) into operation, it shall be lawful for the President of the Council to summon a meeting at such time(cid:9) and place, as(cid:9) appear expedient, by letter addressed to (cid:9)(cid:9) (cid:9) (cid:9) 15 The Nagaland Gazette, Part-V 29, June, 2019 each member. 11. Committees 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 12, Traveling expenses 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(cid:9) meeting of the(cid:9) Council(cid:9) or (cid:9) for (cid:9) inspecting institutions from time to time as may be allowed b(cid:9) the Council. 13. Budget of the Council 1) The income of the Council shailconsist of a.(cid:9) Registration fees received from the practitioners K(cid:9) Grants received from the Government, if any, and e(cid:9) 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. 14. Appointment & fimctions of I) With the previous approval(cid:9) of the State Govenuneni(cid:9) the Registrar (cid:9) andior (cid:9) Deputy Council, Registrar Staff of the council, a. Shall appoint a full time nurse as the Registrar having minimum qualification(cid:9) of BSc(cid:9) degree(cid:9) in(cid:9) nursing, preference to post-graduates. b. Shall(cid:9) appoint (cid:9) Deputy(cid:9) Registrar (cid:9) having(cid:9) minimum qualification(cid:9) of B.Sc(cid:9) degree in nursing with 5 years experience(cid:9) in(cid:9) administration(cid:9) and(cid:9) teaching.(cid:9) Post Graduate qualification shall he given preferenccs 2) The pay and allowances payable to the Registrar, officers and other (cid:9) employees of (cid:9) the(cid:9) Council shall be(cid:9) fixed by the Council with the(cid:9) approval of the State Government. 3) The(cid:9) Council(cid:9) may, with(cid:9) the(cid:9) previous(cid:9) sanction of the Government, suspend,(cid:9) 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(cid:9) Council(cid:9) may(cid:9) appoint (cid:9) such(cid:9) other (cid:9) officers(cid:9) like Consultant. Clerks(cid:9) and(cid:9) other staffs(cid:9) as(cid:9) it (cid:9) may consider necessary for the purpose(cid:9) of this(cid:9) Act, and(cid:9) determine(cid:9) to 'a' them sala(cid:9) and allowances, (cid:9) (cid:9) 29, June, 2019 The Nagaland Gazette, Part-V 16 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(cid:9) 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'(cid:9) ' - I i l'ovr to Amend Schedule 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. CHAPTER lii PREPARATION & MAINTENANCE OF REGISTER 16.(cid:9) Maintenance of Registers The Council shall maintain a Register of: I) Nurses 2) Lady Health Visitors 3) Au.iliary Nurse Midwives'I Female Health Workers in such forms containing such particulars and divided into such part as may be prescribed. 17 Maintenance of Registers by 1) The Registrar shall maintain the registers in accordance with the provisions of this Act and in accordance with any the Registrar orders made by the Council and shall from time to time update and make all necessary alterations in the registered address or appointments and(cid:9) III(cid:9) the classifications of the registered Nurses. Lady Health Visitors, Atutiiiary 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 himilter by sub-section (I) 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 (cid:9) (cid:9) 17 The Nagaland Gazette, Part-V 29, June, 2019 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(cid:9) candidate(cid:9) applying(cid:9) for (cid:9) registration(cid:9) should(cid:9) 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. 18. Remark in the Register on On receipt or the Death Certificate from prescribed authority, the notice of death Council shall mark the deceased person as "Death" in the remark column of the Re ister in which his or her name is entered. I. Removal(cid:9) of fraudulent(cid:9) and If the Council is satisfied that any entry(cid:9) in(cid:9) the(cid:9) Register (cid:9) has incorrect (cid:9) entries(cid:9) in(cid:9) the been fraudulently or incorrectly made the same may be erased under Re lister the order of the Council. There shall be • enalt (cid:9) to Re !isrrar, 20. Persons(cid:9) entitled for I) Nurses, Lady Health Visitors and Auxiliary Nurse Midwives/ registration under this Act Female Health Workers who have undergone the course of training(cid:9) as prescribed by the Indian Nursing Council from a recognized training Institution, and(cid:9) passed(cid:9) the(cid:9) examination and fulfilled(cid:9) such further conditions as may be prescribed. 2) A(cid:9) person(cid:9) already(cid:9) registered(cid:9) under (cid:9) the(cid:9) Assam(cid:9) Nurses' Midwives' (cid:9) &(cid:9) Health Visitors' Council Registration Act, 1944 and which person are(cid:9) residing and practicing as a nurse in the state of Nagaland immediately before the commencement of this Act. 21. Admission(cid:9) to(cid:9) Register (cid:9) of On receipt of an application in(cid:9) the prescribed form and on persons(cid:9) trained(cid:9) outside payment of such fee, not being less than the fee payable on Nagaland state 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. 22. Bar (cid:9) and(cid:9) removal of The Council may by order bar, suspend or remove the registration Registration and re-entry of of a(cid:9) Nurse. Lady(cid:9) Health(cid:9) Visitor,(cid:9) Auxiliary Nurse(cid:9) Midwife? Female Health Worker on any of the following grounds: 1) That he or she has been sentenced by any Court of law,(cid:9) 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, (cid:9) (cid:9) 18 29, June, 2019 The Nagaland Gazette, Part-V professional incompetence, negligence of duty, or lack of integrity(cid:9) or (cid:9) professional(cid:9) ethics:(cid:9) or (cid:9) issuing(cid:9) of (cid:9) 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(cid:9) 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. 23. Registration(cid:9) under (cid:9) this(cid:9) Act The registration(cid:9) under (cid:9) this(cid:9) Act (cid:9) shall(cid:9) not (cid:9) confer upon any not (cid:9) to(cid:9) qualify(cid:9) as(cid:9) Medical person(cid:9) the(cid:9) right (cid:9) to(cid:9) assume any(cid:9) title,(cid:9) name or designation Practitioner implying(cid:9) that (cid:9) he or (cid:9) she(cid:9) is by law , recognized as a Medical Practitioner, or that he or she is authorized to grant any Medical Certificate. 24. Institution for training Nurses, 1) The Institution which are approved and recognized by the Lady(cid:9) Health(cid:9) Visitors. Council after inspection by(cid:9) its(cid:9) President or (cid:9) any member Auxiliary Nurse Midwives / appointed by the President shall be competent to train(cid:9) Nurses, Female Health Workers to be Lady(cid:9) Health(cid:9) Visitors.(cid:9) Auxiliary Nurse(cid:9) Midwives i Female recognized by the Council Health Workers and to send them for examination for the qualifying certificates of the Council. 2) All the(cid:9) recognized(cid:9) institutions(cid:9) shall(cid:9) be inspected by(cid:9) the President of the council or any member appointed by the President at least once in two years conforming to Indian Nursin(cid:9) Council ruidelines. 25. Power to inspect Hospitals. The(cid:9) Council(cid:9) may(cid:9) authorize(cid:9) the Registrar or any member to Nursing(cid:9) Colleges(cid:9) and inspect any Hospital, Health institution, Nursing honns, college of Training institutions. etc Nursing or School of Nursing to ascertain that the persons working therein as Nurse are registered with the Council and, in(cid:9) the case of (cid:9) a (cid:9) School of Nursing, Auxiliary Nurse(cid:9) Midwife Training Centre etc. that (cid:9) it conforms to the standards prescribed and the Registrar may call for records and other (cid:9) information(cid:9) from(cid:9) the authority concerned and such authority shall supply all true and correct information(cid:9) in(cid:9) its(cid:9) possession.(cid:9) This rule will be in conformation with Indian Nursing Council. 26. Withdrawal(cid:9) of (cid:9) recognition 1) Whenever the Council on receipt of an adverse report, is of from(cid:9) institution(cid:9) and(cid:9) any opinion that an enquiry, should be made as to the desirability of School /College of Nursing withdrawing(cid:9) recognition(cid:9) from a particular institution, it shall depute(cid:9) its(cid:9) President (cid:9) and(cid:9) a (cid:9) member (cid:9) for (cid:9) further inspection on such terms as it thinks fit and at the same time call upon(cid:9) the(cid:9) Institution(cid:9) with(cid:9) Indian Nursing Council conformation to show cause as to why its recognition should not (cid:9) (cid:9) The Nagaland Gazette, Part-V 29, June, 2019 19 be withdrawn. The Council, after (cid:9) consideration of (cid:9) the report so received and of the(cid:9) explanation,(cid:9) if (cid:9) any,(cid:9) by(cid:9) the. Institution, may withdraw the recognition.. The order of such withdrawal shall be in writing(cid:9) and(cid:9) served(cid:9) 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 27. Appeal Any person or Institution aggrieved by an order of Council under section 22 or section 26(cid:9) may appeal to the Government within thirty days from the date of such order and the decision of the Government on the a (cid:9) cal shall be final. 25, Prohibition(cid:9) of (cid:9) issue(cid:9) of No(cid:9) Hospital, College(cid:9) of (cid:9) Nursing,(cid:9) School(cid:9) of Nursing and Certificate and entry of names Female Health Worker Training School which(cid:9) has not been by any institution 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(cid:9) Nurse. Lady Health(cid:9) Visitors, Auxiliary(cid:9) Nurse(cid:9) Midwife / Female Health Workers unless such person has been registered under this Act. 29.D isabilities of (cid:9) unregistered Afler (cid:9) the(cid:9) expiration(cid:9) of (cid:9) 12(cid:9) (twelve)(cid:9) months(cid:9) from(cid:9) the person commencement of this(cid:9) Act, no Government or private Health Institution, Hospital, Dispensary,(cid:9) inflimary or lying in Hospital shall employ(cid:9) any(cid:9) category(cid:9) of Nurse, Lady Health(cid:9) Visitor, Auxiliary Nurse(cid:9) Midwives/ Female(cid:9) Health(cid:9) Workers(cid:9) unless he or she is registered under this Act. 30. Penalty(cid:9) for (cid:9) unregistered Any person who practices or allows a person to practice(cid:9) as(cid:9) a person Nurse. Lady Health Visitor, Female(cid:9) Health Worker! Auxiliary Nurse Midwife in(cid:9) contravention of section 29 shall be punished with imprisonment which may extend up to 2 years and liable 10 a fine or both. 31. Penalty for dishonest use of Any person (S) who: certificate I) 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 The Nagaland Gazette, Part-V(cid:9) 20 29, June, 2019(cid:9) 4(cid:9) 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. unlawful Any person who not being a Nurse. Lady Health Visitor. Auxiliary 32. Penally(cid:9) for (cid:9) Midwife Female Health -Worker registered wider ihisAct, assumption of a title(cid:9) Nurse 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. Annual I) The Registrar shall, in every live sears on or oerore i UdtV LU 13.Publication and use of be fixed in this behalf by the Council cause to be printed and list of registered Nurses. Lady(cid:9) published correct list of the names for the time being entered Health Visitors, Auxiliary(cid:9) in several parts of the Registers of Registered Nurses, Nurse Midwives! Female(cid:9) Lady Health Visitors, Auxiliary Nurse Midwives / Female Health Workers(cid:9) Health Workers setting forth a. All the names entered in several parts of the respective Registers arranged in alphabetical order according to surnames. The registered address or appointment of each person b. whose name is so entered in the registers; and The registered qualification of each, such person and the C. 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 1 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 has been removed from such Register specifying the date be, 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. (cid:9) (cid:9) 21 The Nagaland Gazette, Part-V 29, June, 2019 34 Court (cid:9) competent (cid:9) to(cid:9) try No Court of law lower than of a Magistrate of First Class shall offences under this Act. in any offences under this Act. 35. Cognizance of offence No Magistrate shall take cognizance of any offence punishable under this Act except upon complain made by the Council. 36. Power to make rules, duties &• I) The State Government may by notification in the Official functions of the Council. 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(cid:9) provide(cid:9) 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,(cid:9) Any matter which is to be or may be prescribed. 3) To maintain(cid:9) the(cid:9) live(cid:9) register (cid:9) and(cid:9) to provide(cid:9) for (cid:9) 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(cid:9) provide(cid:9) protection (cid:9) to(cid:9) its(cid:9) members(cid:9) in(cid:9) discharging professional duties. 7) To ensure that no unqualified person practices modem scientific system of Nursin. 37, Power of the council to make The Council may make regulations not inconsistent with this Act regulations or the rules made there under. I) 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 22 The Nagaland Gazette, Part-V 29, June, 2019 - (cid:9) 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 granting of certificates to candidates passing training and the examination. g rulating the conditions under which Institutions for nursin 6) eg(cid:9) the sick, maternity and child welfare may be approved and recognized by the Council appointing a Registrar and such other servants as may be 7) necessary ; 8) regulating the pay, pension, conduct and other conditions of services of persons; regulating and supervising the practice of their profession by 9) the registered Nurses, Lady Health Visitors, Auxiliary Nurse I (cid:9) Midwives / Female Health Workers: lQ)regulating the publication of the names registered under Nurses, Lady Health Visitors, Auxiliary Nurse Midwives wor kers and their residences: Female Health condition under which such Nurses, Lady ii) regulating the(cid:9) 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; determining the manner in which all fees levied under this 12) 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 generally for the provision of any matters in respect of which 13) the Council considers necessary provision shall be made for the purpose of this Act; all the regulations made under this section shall be published 14) in the Official Gazette after approval by the State Government. for the. conduct practice and professional ethics for the 15) 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. 38. Protection of persons acting No Suit or other legal proceedings shall be instituted against and done or intended, to be done in good faith onood faith under the Act person for anything 23(cid:9) The Nagaland Gazette, Part-V (cid:9) 29, June, 2019 Rules and Regulations under this Act, ndes or ieulations made there-under. 39. Certain persons to be public Every person appointed under sub-section (1) (a) and (b) of servaits section 14 shall be deemed to be a public servant within the meaning of section 23 of the Indian penal code, 1860 (4$ of 1960). 40. Repeal and savings. I) The Assani Nurses' Midwives and Health Visitors' Council Registraiion Act. 1044, in so far as it applies in Nagaland is hereby repealed. 2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed shalt be deemed to have been done or taken, under the provisions of this Act. I HIMATO ZH1MOM1 , LAS Principal Secretary to Govcrnmnt of Nazil;rnd 24 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 THE NAGALAt) URS1C COUNCIL RULES 2019 PRELIMINARY I. Short title and commencement These rules may be called the Nagaland Nursing Council Rules, 2019 and shall come into force with immediate cifeci Definitions.- In these rules, unless the context otherwise requires,- 2.(cid:9) a. 'Ac(' means the Nagaland Nursing Council Act, 2019 (Nagaland Act No:...4. of 2019 "Form" means a form appended to these rules; b(cid:9) in the Act shall have the same Words and expressions not defined in these rules but defined C.(cid:9) meanings assigned to them in the Act. REGLsTRArION i. Grant of Registration- Any person who possesses the qualification and wishes to practice in modem scientific system of nursing in Nagaland. apply for registration in the live register of the council by applying to the registrar in form I. along with copies of photographs and prescribed fees. The Registrar shall consider the application in form 2 which shall be valid for a period of five years from the date of registration. 4. Preparation of register ;- The register of Nursing practitioners for Nagaland refeued to in of section 16 of the Act shall be a. as in Appendix A. The Registrar shall publish a notice in the Official Gazette and in such newspapers as the b. Council may select about the register having been prepared and the register shall come into force from the date of the publication of such notice in the Official Gazette. The Registrar shall publish.annuallY on or before a date to be decided by the Executive Committee, an addendum and corrigendum to the lost published. After the publication of the name in the register, the last edition of that alone shall be the legal evidence of registration. Persons registered with the council are entitled to apply for entering 5. Additional quill(cid:9) additional qualifications acquired by them as specified in the Scheduled in form 4, on the council's register on payment of the fee prescribed by the Council After scrutiny of the application for additional qualification (s) a new registration certificate shall be issued incorporating the additional qualification (s) in lieu of the original certificate of registration in Form 2 returned by the applicant. certificate with a mention of The period of validity of the certificate shall remain as in the original date incorporating the additional qualification (s). Renewal of registration.- The registration certificate can be renewed by the Council on receipt of 6. application in Form 3 along with the fee prescribed for renewal of registration. The registrar shall consider the application and if found fit, shall renew the registration. Restoration of registration.- an submission of application in Form (5) by the practitioner the 7. Executive committee of the Council may consider a case of restoration of registration of a person The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 25(cid:9) whose name has been struck off the regkicr and may direct the registrar to re-enter the name of the practitioner in the register on pavmeiuof the prescribed fees. 8. Change of Address.- Every tegistered practitioner shall send to the Registrar immediate notice of any change in his her address in order that btsher correct address may be duly erased from the register. ELECTIONS 9. Returning Officer.- The k istrar or Deputy Registrar shall he the Returning Officer for conduct of any election uPder the pio isions of the Act The Returning Officer shall infonu the Government about the consutution of a ne council and he shall notif in the Official Gazette and two newspapers published from Nagaland. at least. Sixty days prior to the expir\ of the tenure of the existing Council and about the proposed scheduled of electtons 10. Constitution of new council,- The following procedures shall be followed for purpose of constiniting the new cotincd, namely'. a. The Returning Officer hail intimate to the DeaniPrincipalOirector of every SchootiNursing college ciabhshed fr: L in Nagaland having a pursing faculty to elect one member from each Nu:imi olk'e intwuon by the Nursin faculty thereof from amongst the permanent members of the teachig fa h' Fl election shall be conducted and completed by the zespeclive collegeinsuiution within thirty days and the name of the elected members shall be intimated to the returning officer. b. The Remmng Office, shall intimate to the Nagaland Nursing Council regarding the election of one member from amongst its niembers to be elected to the council. The election of such members shall be conducted and completed by the said association, within thirty days and the name of the elected ntnibers shall be intimated to the returning Officer. c(cid:9) The Returning 'dicer shall conduct the election and be elected by registered practitioners from amongst themselves. I he election shall be conducted by secrCt ballot paper. d. The electo;al rolls for Vie election shall comprise all registered practitioners registered with the council as (tt the date of itetficiu.-, of the election. A hard copy of the electoral rolls giving the name. iegistration iumher and address of the registered practitioners shall be supplied to contesting candidates on raytnent of one thousand rupees to the council 11. Stages of election.- 1) The returning officer shall fix the following stages of election, namely. a. Noification of eketien; b. Last date of receipt v.F nomination papers; c. Date nfrutiii of ilatilijidtion papers: d. Last date of iththawal of candidature; e. Polling of votes: f. Counting of votes: 21 The election process shall be completed by the Returning Officet within forty-five days from the date of notifleatioti of elections 26 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019(cid:9) the electoral rolls 12, Nomination of Candidates: Every registered practili011ef whose name appears in shall qualify for filling his nomination paper subject to fulfilling eligibility conditions laid down in the Act, The nomination shall be in form 10. Every nomination paper duly completed and signed by the proposer and the seconded and subscribed by the candidate himself as consenting to the nomination shall be delivered to the returning officer on or before the date appointed for receipt of nomination papers. Nomination papers received after the time so fixed shall be summarily paper its receipt by him. Only registered practitioners registered with record thereon the date and time of the council, whose name appears in the electoral roll, can be nominee, proposer and seconded. There shall be a non-refundable fee of one thousand rupees for each nomination payable by the candidate with the nomination paper. This through a bank draft favoring "Nagaland Nursing Council" along fee may be revised by the Government front time to time. scrutiny of nomination papers, lot Scrutiny of nomination papers- On the date and time appointed 13. the candidates and his proposer and seconded may attend the proceedings at the appointed time and place. The Returning Officer shall examine the nomination papers and completes the scrutiny. On completion of the scrutiny of the nominations and after the expuy of the period within which a candidate may withdraw his candidature, the returning officer shall forthwith under his signature place on the notice board at the office of the council a list of the contesting candidates. Polling- if the number of contesting candidates does not exceed the number of vacancies to be filled 14. in, the returning officer shall fonhwith declare such candidates as duly elected to fill such vacancies without any polling and report the names of such candidates to the government. When there are more contesting candidates then the existing vacancies, the election shall be conducted within the stipulated time. The Returning Officer shall arrange for pollin by printing of ballot papers with the names of the contesting candidates entered in alphabetical order. The vuter shall produce proof of identity and residence at the time of polling The identity proof may be in the form of registration certificate issued front the council, passport and electoral card. driving license or any other photo identity card issued by the government. Custody of ballot papers- The ballot boxes shall be kept in a safe custody of the Returning officer 15. and shall not be opened till counting of votes begins. Counting of voles and declaration of result of elections,- The scrutiny and counting of votes shall 16. be undertaken by the Returning Officer at the time, day and place appointed A candidate and not ore than one representative, duly authorized by bun, may remain present at the time of counting of m votes. After the counting of votes is completed the Returning Officer shall forthwith declare the if there are an equal number of votes in favor of two or more candidates for one result of election. presence of vacancy, the election shall be determined by the Returning Officer by draw of lots in the the candidates or their representatives. The Returning Officer shall communicate the result of the of the new council. After the election to the Government who shall notify the constitution declaration of the result, the Returning Officer shall seal the ballot papers and all other documents relating to the election and shall retain in the same with himself in safe custody for a period of six months and thereafter cause them to be destroyed. Election of President and Vice-Presideflt,- As soon as possible as and not later than fifteen days 17. after the constitution of the new council the members shall elect the successor President and Vice- The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 27 (cid:9) President of the council from among themselves in a meeting of the council. This meeting shall be convened and conducted by the Registrar. The election of President and Vice-President shall be by a majority of votes of the members present. CONDUCT OF BUSIESSOFTHE COUNCIL 18. Power to appoint Committees/Sub-Committees- The council may appoint committee/sub committee to carry out the functions of the council. 19. Calling of meetings- The council shall meet on such date, time and place as may be fixed by the President, The. President may, whenever he thinks fit or upon a written requisition of not less than two third members call an extraordinary meeting. The President and the Registrar shall discuss and decide the agenda for the meeting 20. Notice for calling at meeting. Al] members of the council shall be given thirty clear days notice for an ordinary meeting and ten clear days notice for an extra ordinary meeting. Every notice shall also be passed at the office of the council. Such notice shall specify the date, time, place and agenda of the meeting. The Registrar shall send to all members a copy of the notice.. 21. Motions for insertions in agenda- Any member may send a motion to be included in the agenda for an ordinary meeting so as tO Teach the Registrar twenty clear days before the date fixed for such meeting and seven clear dan in case of extra ordinary meetings. The president and the Registrar shall discuss and decide whether or not to include such mtionJmotion in the agenda, and where any motion is disallowed, the reason for doing so shall also be communicated along with the agenda to the member who send the motion. 22. Attendance of the meeting. At each meeting, an attendance register shall be placed in the meeting room and every member present shall sign against his name in the register. 23. Business to be transacted at meeting- At any meeting, no business or proposition other than the specified in the agenda shall be taken up, provided that the President, In his discretion, may pc'rniit any business or proposition to be discussed which is of ary urgent nature and which was not entcrcd in the notice for meeting- 24. Minutes of the meeting- The minutes of the meeting shall be recorded by the Registrar and the same shall be kept in the office o"ibc council. 25. Approval of written proposal by circulation- Whcncvcr it appears necessary to the President to consider a proposal by circulation, he may, instead of convening a meeting, direct the Registrar to circulate a written proposal for the observation and votes of the members of the Council and then decide on the basis of majority. EXECUTIVE COMMITTEE 26. Constitution The Executive Committee shall consist of seven members. The President of the Council shall be Ex-Officio chairman of the Executive Committee. The Council shall elect the other six members of the Executive Committee from amongst themselves as follows- 28 The Nagaland Gazette, Part-V 29, June, 2019(cid:9) One Senior most Nursing Officer from the Directorate 1) One principal from college of Nursmg(Oflm 2) ollege of Nuts g- (Private) 3) One principal front c rincipal from school of Nursing-( Government) 4) One p One Principal from school of Nursing-Private) 5) One member of TNAI front local Board. 6) Calling of meeting- The Executive Committee shall meet on such date, time, place as may be fixed 27. by the President. The President may however if he thtnks fit and shall, upon a written requisition by not less than seven members call an extraordinary meetings of the Executive Committee on short notice. The President and the Registrar shaH discuss and decide the agenda for the meeting. Notice of the meeting- All members of the Executive Committee shall be given seven clear days 28.
Part document.segment-2
The NAGALAND NURSING COUNCIL ACT, 2019 — segment 2
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The NAGALAND NURSING COUNCIL ACT, 2019 — segment 2
AI-assisted research summary: This provision sets meeting rules, complaint handling steps, staff service terms, registration notices, and related fees for the Nursing Council.
nOLICC of an ordinary meeting and three clear days notice in the case of an extraordinary meeting. Such notice shall specify the place. date and time of the meeting and state whether the meeting is a e Registrar shall general meeting or a special meeting and the business to be transacted threat. Th send to all Members a copy of the notice Attendance at meeting- At each meeting an attendance register shall be placed in the meeting room 29. Attendance of Five members of and every member present shall sign against his name in the register. the Executive Committee shall constitute a quorum. Business to be transacted at meeting- At any ordinary m&tiug and in case of extraordinary 30. meeting no business other than specified in the notice calling such meeting shall be transacted business to be discussed which is of the urgent it any provided that the presiding authority may perm nature and which was not entered in the notice for meeting All questions at the meeting of the Committee shall be decided by a majority of the members present and in consultation with £XCCUtjVC the Registrar. meeting shafl be recorded by Minutes of the meeting- The meetings of the Executive Committee 31. the Registrar and the same 51131.1 be kept in the office of the Council. INQU IRI ES Complaint against Nurse Practitioner - 32. 1) The Council may inquire into complaint against nurse practitianCi either suo motto or on the basis of any complaint made to the council in respect of misconduct or negligence of any nurse practitioner for the purposes of the Act through the disciplinary Committee. The proceedings shall be conducted by the Registrar in the presence of Chairman, Disciplinary Committee and at least two members thereof sitting together. The complaint shall contain the following particulars- complainant; a) the name, description and address of the the name description and address of the opposite party or parties. as the case may be, as far b) as they can be ascertained : 29, June, 2019 The Nagaland Gazette, Part-V(cid:9) 29(cid:9) the cause of action arose and what ate the grounds c) the facts relating to the complaint, when or causes of the complaint; the documents in support of the complaint if any; d) e(cid:9) the relief which the complaint claims. is in writing and signed by the person making it. The No complaint shall be entertained unless it complaint shall be verified by the complainant. The Complainant shall file six copies of the complaint along with such number of copies as there are opposite parties in the complaint. All anonymous and frivolous complaint shall be rejected. 2) Procedures on receipt of complaint-The Council shall on receipt of a complaint- directing him a) Refer a copy of the complaint to the opposite party mentioned in the complaint to give his version of the case within a period of fifteen days of receipt of copy of the complaint. Where the opposite party on receipt of a complaint retètted to him under clause (a) denies or b(cid:9) disputes the allegations contained in the complaint or omits or fails to take any action to ithin the time given by the council. the Council shall proceed to represent his case x% adjudicate the complaint- On the basis of evidence brought to its notice by the complainant where the opposite I)(cid:9) party omits or fails to take any action to represent his case within the time given by the council, or ii) On the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or dispute the allegations contained in the complaint. c) On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties to appear before the Council. Where the complainant fails to appear before the Council on such days, the Council may in its discretion either opposite party fails to appear on the dare of hearing, the council may decide the complainant ex-parte. dl The decision of the inquiry $halt be implemented and communication to the respective parties and to other as may be required In case there is any difference of opinion amongst themselves, the opinion of the majority shall be the decision. CONDITIONS OF SERVICE OF 1EGISTRAR1DEPUTY REGISTRAR AND OTHER STAFF ND THE SUPERVISORY POWERS AND DUTIES OF REGISTRAR/DEPUTY REGISTRAR 3. Appointment of Registrar/Deputy Registrar - The post of Registrar/Deputy Registrar shalt be permanent. The post of Registrar shall be in the a, basic pay equivalent to the basic pay scale of Joint Director (Nursing) of the state services and the post of Deputy Registrar shall be in the basic pay scale equivalent to the basic pay scale of Deputy Director of the state Health Services. b. The Council shall be the appointing authority for the post of Registrar/Deputy Registrar and the Registrar/Deputy Registrar shall be the appointing authority for all the other appointments in the Council. The post of Registrar shall be filled by the Council by promotion of Deputy Registrar. The post C. rom amongst suitable of Deputy Registrar shalt he tilled by direct selection by the Council f 30 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 5 years experience in Candidates having minimum qualification of B.Sc with niimmurn of administration and teaching in Government/Public sectoriprivate Sector or practice , on the date with post- Graduate qualification shall be given preferences. of application, candidate shall draw allowances equivalent to allowances admissible to d. The Registrar /Deputy Registrar similar posts in the government like dearness allowance, house rent allowance. city compensatory allowance, transport allowance, conveyance allowance, academic allowance, post- graduate allowance, travelling allowance, daily allowance, etc. the leave entitlement and travelling entitlement shall be similar to that of employees of government in similar posts. Functions of Registrar/Deputy Registrar. -The registrar /Deputy Registrar shall perform statutory 34. functions as prescribed under the Act and these rules. Further she shall conduct and have charge of the correspondence of the Council and shall issue all requisite notices in the manner required under these rules. As Executive Officer of the Council. she shall be the competent authority to sanction all or her nominee financial transactions. The Registrar or any other officer functioning as Registrar shall be authorized to lodge complain in the court cases on behalf of the Council with the assistance of an. advocate. Appointment of other staff members. - The appointing authority may consider in situ- promotions 35. of the staff members. The staff members shall draw pay and allowances equivalent to the similar post in the Government and shall be eligible to draw allowances, house rent allowance, daily allowance. etc. The leave and travelling of the staff members shall be equivalent to that of authority may also appoint staff members employees of Government in similar posts. The appointing on contract basis. - The normal age for retirement for all the employees shall be as applicable to the 36. Retirement. employees of the Government, The Council may, grant extension of service to any employee for period not exceeding one year at a time and not more than two such extensions shall be allowed to anyone even in exceptional circumstances. 37. Resignation . - I) The Registrar may resign her office by giving three months notice in writing to that effect to the President and such resignation shall take effect from the date of acceptance of such resignation by the Council. if she leaves her office without giving any notice as foresaid, she shall be liable to deposit an equivalent to total emoluments payable in lieu of such notice. 2) Any other employee of the Council may resign her office by giving one month notice in writing to that effect to the Registrar if she is temporary, and three months notice if she is permanent and from the date of acceptance thereof. In the case of failure to such resignation shall take effect give required notice, the employee shall he liable to deposit an amount equivalent to total emoluments payable in lieu of notice period. any employee appointed under Termination of Service. - The Council may terminate the service of 38. Clause 35 other than the Registrar iDeputy Registrar appointed under Clause 33, after due enquiry as to why her services should not be terminated. giving such employee fair opportunity to explain The Council may impose any other giving such employee other than the Registrar iDeputy registrar. (cid:9) The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 31 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, 39. Provident fund, gratuity and other terms of service. - 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. 40. Maintenance of Account and other registers.- I) 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 Other registers as may be necessary. j)(cid:9) 2) The annual accounts shall be audited in accordance with statutory and administrative requirements as applicable. Bank Accounts of the Council shall be opened in nationalized iScbeduled Banks. The Registrar 3) !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. MISCELLANEOUS 41. Migration! Transfer - 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. 42. Certificate of good standing 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. 32 The Nagaland Gazette, Part- 29, June, 2 019 llnnorariUfl' for attendance of meetings -. A sum of jive hundred rupees per meeting shalt be 43. of the Council. Executive Committee or co-opted members from payable as honorarium to Members This amount may be revised from time to time by the tsidefaSsessor for attending meetings. ou Council. 44. Fees- ct (0 revisiOn from time to time Council as given in Appendix D, subje I(cid:9) Fee shall be levied by the(cid:9) with the approval of the Government. 21 The above fee structure may be revised from time to time. Sd I}I1MATO ZI-UMOMI Principal Secretary to Goemmeflt of Nagaland 29, June, 2019 (cid:9) Part-V (cid:9) The Nagaland Gazette, 33 ANI) REASONS- STATEMENT OF OBJECT of life, it is deemed appropriate that health care system in the State is In the interest of safety properly regulated. The modem medical care cannot be provided without the help of Nursing personnel. And whereas, there are laws for laying down standards and creating bodies for enforcement in the case of Nursing education, yet there is no laws or machinery to lay down standards and enforce them in case of Nursing personnel and the best way to regulate Nursing personnel is through the state Nursing Council Act. In the recent years there has been rapid growth of private Medical institutions in the State. There is no regtdatiofl by any professional body over laboratory and Diagnostic Centres. the allied it is felt expedient to establish a Nursing Council to Superintendent, over Accordingly with the powers to rcognhze, register. lying down norms and health professionals and its inSttutiOflS ourses and irainings. uniform curricula, physical and infrastructural facilities, c standards for various staffing pattern and staff qualification quality instruction. assessments and examination system Sdf- S. PANGYU PHOM Minister Health & Family welfare Department Nagaland: l.ohnna 34 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019(cid:9) !iENlORANDU'l OF DELE(;ATFD LEGISI. .tTION The Nagaland Nursing Council Act 20 !9 delegated the power o the State Government to make Rules. to the scmtini of The Rules made therein shall be laid bdlbre the AsWy and shall be subject the house. Delegation of power is øf normal nature Sd/- PI ONI SURL S. PANGYU Minister Health & Family Welfare Department Nagaland: Kohima The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 35 FINANCIAL MEMORANDUM The proposed introduction of the Nagaland Nursing Council Act 2019 shall be administered by the existing administrative set-up of the Health & Family Welfare Department, and will not entail any extra expenditure from the Consolidated Fund of the State. SdI- SlIRI. S. PANG VU P1IOM Minister Health & Family Welfare Department Nagaland. Kohimu 36 (cid:9) The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 Photograph APPENDIX.A of the FORMAT FOR REGISTER OF NURSES registered Nurse Address - I 0 0 z Di. Loma 'C 5 U i 18 19 Inia1 of INC RcgistxtiOfl (cid:9) Registration in other slate. if Re _istrat an if an(cid:9) 28 21 Removal of Re istrar Other Statef Additional Qualification NNC Central Initial of Initial of Registra Remarks Registra I- Initial of Remrkc Initial of Remarks Renewal Renewal Registrar Other State! NNC registrar Due Date on Centre 29, June, 2019 (cid:9) The Nagaland Gazette Part-V(cid:9) 37 FORM-I Application form for Direct/Fresh Registration Photograph of the Date.................. regi5tted To, (Fr office use) The R.cgis*rat Nagaland Nt;fl Cnci1 Sir. I hereby request that my name and OUter pan teulars mentioned below may he entered in the State Register of Nagaland Nurstng Council as required under section afNaaland Nursing Act 20K I.(cid:9) Name of the application ( block ktters) 2,(cid:9) Father's! Husbands's name 3. Mother's name 4. Gender S. Nationality 6.(cid:9) Date of birth (date, mofltlLCni) 7. Address (a Residential aAdrcss (b) Permanent address (c) Professional address 8.(cid:9) Telephone No.! Mobile No; Fax No. iEnil ID 9. Category (Diploma! Degree ) 10. Qualifications (a) Dinma SI. No I Deseripuon of (cid:9) 1 Name _Mc SchooV j Name of the Roard Year of (Nalification) Completion I ualitication(cid:9) n;LiIutiOfl (cid:9) H (b)Dree St. No I Description of (cid:9) Name of the School/ Name of the Year of Qualification qualification (cid:9) collewi Institution I3oar&Vniverstty 11I. INC Registration No. & Date (if any) 12. (a) Registration No, & Date, if any in other Stare 38 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 12.( b} Authority under who registered 13. Bank Draft No. & Date 14. Draft prepared from (Bank) original certificates for verification and submit attested copies of the same I submit herewith certificates if registered elsewhere (INC and other State certificate with the date of birth. I3irth Certificate1 Matriculate Certificate / SSC Exam a) BSc Degree) Post Graduate Degree) Diploma1 any other b) ) State Nursing C0uncil indian Nursing Council Registration Certificate C Other evidence in support of my having obtained the qualification which 1 possess d) rlier tegistered. e) No Objection(cid:9) Certificate from State Nursing Council "k-here ea 1) Three recent passport size photographs with name and signature at the backside. g) Bank Drafts Rs 2000IRs 3000- (Rupees Two,. hree Thousand only) in favour of Nagaland Nursing Council in case of fresh registration.. DECLARATION I solemnly affirm and declare that the particulars furnished above by me are true to the best of c6de of Conduct & Ethics of Nagaland and my knowledge and I believe and I undertake to abide by the Indian Nursing Council and by the Rules of Nagaland Nursing Council, Signature of the Applicant Date (For office use only) lecivved the above documents in original Signature of registered person Name.......................................... Date............................................ 29, June, 2019 The Nagaland Gazette, Part-V 39(cid:9) Passport size FORM-2 photograph REGISTRATION (:ERTIF It of the registered Nurse RcuitlOfl No This is to cemfy that whose sign is rn the boc), son. dtgIuer wife 1, Mr Ms(cid:9) l3ornon......J.......................(datc month) vcnr Possessing o th f e (cid:9) quatificiIiOn(S't.. ......................(cid:9) has been duty rtgtstered under the Nagaland Nursing Council Act 201. of Nagaland has solemnly alThmed to abide by the niks and Regulations 2, Mt) Ms of Nagaland Nursing Council and Indian Nursing Nusing(cid:9) Cucil Rulc. 2019 and the ethics Regubuon Council professional conduct, etiquette and ethic) witncss thereof, the sal of the Nagaland Nursing Council and the signature of the Registrar is herewith 3, In affixed Act this certificate is valid up to a period of 5 (five) years from this 4(cid:9) Subject to the provitoo i tic said date. Signature of Registrar with seal Date.............................. fSign u (cid:9) in ei Registrar with Datc of Registration No(cid:9) • atificL. (cid:9) INNC, Register(cid:9) i seal Registration Re ewcd (cid:9) (cid:9) Signature of Registrar with seal IcnewziI seal Date: Important Notice: Registered Nur5c5.,%hojod 5cnd ijiunediate notice to the Registrar of Naiaand Nursing Council if there is I.(cid:9) any change in the registered address, (fic years from the date ollasi tegistrallort of bcfo:e the epiry of 5 2. The Pegictrrtion must !c rtscwed renev. al he pucitiOii of naiws in the printd tusing Register the last addition of the Rgisrer alone is 3. After t (cid:9) ht teal ev!dcnce of Re&s*rtitifl. 40 The Nagaland Gazette, Part-V 29, June, 2019(cid:9) FOR \t-3 FOR ( ()\ I I VI U)\ OF \ \F l\ 1 III RI (IISU R APPL1CATLON FORM Affix passport we phitogrph (For officc incl ' attested L To. -- The Registrar Nagaland Nutsi n Council Sub: Continualson of name tn the Rcister Sir Madan inued in the State Register maintained by Naa1and Nursing 1 iequcst that my name niay b e cont Council , Name of the appIie.flt (block letters) 1. 2. Father's i Husband's name . Mother's name 4. Gender . Nationality 6.(cid:9) Date of birth (date, month, year) 7, Address (a) RcsidcntiI address (b) Permanent address c) Professional address S. TclephoneNoJI.IobileNoj Fax No; /Email ID 9 Category (Diploma' Degrc 10, Details of Qualifications Year of compIetton year Si Description of I Name of the School! Name of the Board! of passing examinalton..,. j Cofle 'e! Institution No uaiiiicatiot'(cid:9) 11. Nagaland Nursing Council RcjjisttatOfl Certificate No & Date Q. Present occupation 29, June, 2019 The Nagaland Gazette, Part-V (cid:9) 41 ies of the same ceilificates. I submit herewith original wtiflcates for verification and gubmit attested cop (a) Two recent passport tze photographs uith name and 5igPatUre at tlic hadside. (hI Nagaland Nursing Conned Registraflon Cemflcat. (c) 3Sc Degree1 Post Graduate Dcccc. Dpknna CcriiainyoLher I hereby submit a Bank Draft Nc ...,...,.... i)atcd (cid:9) prepared from (Bank)... ..... — (cid:9) for only as non-rcfIindabk fee in (Rupees(cid:9) favour of Nagaland Nursing Council. (in case of late fee) I hereby submit a Bank Draft No(cid:9) Dated ..................prepared from (Bank)..... (cid:9) for Rs (cid:9) being the late fee as none re fundable fee in favour of Nagaland Nursing Council. DECLARATION I solemnly affirm and deciate that the particulars furnished above by me arc true to the best of my and 1 undertake to abide by the code 'of Conduct & Ethics of Nagaland and Indian knowledge and I believe Nursing Council and by the Rules of Nagaland Nursing Council. Signature of the Applicant Date(cid:9) (FroffiCc use only) Received the above documeirs in origiiia. Signature of registered person Name: Dale 42 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019(cid:9) FORM -4 APPLICATION FOR REGISTRATION OF ADDITIONAL QUALIFICATION Affix Receipt No passport size Date (cid:9) photograph attested (For office use) To. The Registrar Nagaland Nursing Council Registration of additional qualification Sub(cid:9) Sir! Madam, - I am a registered Nurse of Nagaland Nursing council and my Registration No. is I have acquired an additional qualification in nursing and desire to register the same- My particulars arc as under. I.(cid:9) Name of the Application block letters 2. Father's / Husband's name 3. Mother's name 4. Gender S. Nationality 6.(cid:9) Date of birth (date, month, year) 7, Address (a) Residential addres s (b) Permanent address (c) Professional address 8. Telephone No) Mobile Nof Fax No. !Email ID 9. Category (Diplomat Degree) 1(1. Details of Qualifications ADDITIONAL QUALIFICATION Description Name of the College! Name of the University! Year of obtaining the (cid:9) qualification Sl.No Of Institution Licensing body qualification 29, June, 2019 The Nagaland Gazette, Part-V(cid:9) 43 obiamcd from tBank ..................fo Rs. I hereby submit a Bank Draft N(cid:9) only as non- refundable fee in favour (cid:9) (Rupees of Nagaland Nursing Council. DECLARATION I solemnly affirm and declare that the particulars furnished above by rue are true to the best of my knowledge and I believe and I undertake to abide by the code ofC'onduct & Ethics of Nagaland and Indian Nursing Council and by the Rules of Nagaland Nursing Council. Signature of she Applicant Date (cid:9) Noic; (cid:9) originals, Copies of relevant additional qualification may be submitted with this application along with 1. which would be returned alkcr venticalion. Only additional qualification(s) rccogniscd by the Indian Nursing Council would be entered In the Register. 2. The certificate of Registration with Nagaland Nursing Council shall be required to be suhmitle& in original. 3. with this application 4, Two recent passport size photographs with name and signature at the backside. Bank Draft for Rs 1000/- (Rupees One thousand) in favour of Nagaland Nursing Council( Non refundable). 5.(cid:9) (for office use) Received the above documents in original. Signature of registered person (cid:9) Name:...(cid:9) 44 The Nagla and Gazette, Part-V(cid:9) 29, June, 2019 FORM-S APPLICATION OF RESTORATION OF NAME IN TIlE REGISTER Receipt No Affix passpo1 size Date............................................. photograph (for office use) attested To. The Registrar Nagaland Nursing Council Sub: Restoration of name in the Register. Sir! Madam the undersigned (cid:9) .....................................(fUll name 1. 1, (cid:9) solemnly declare and address) holding qualification of......... (cid:9) are* facts of my case on which I seek restoration of my name in the Register. that the following the State Register of (cid:9) 2 Mv name was duly registered in Name of the State) having(cid:9) registration(cid:9) number (cid:9) Dated. (cid:9) My name was duly registered in the State Register of Nagaland Nursing Council on 3. ...Having registration number........ (cid:9) by the Council! Boai& Committee At an enquiry on the ................................day of (cid:9) 4. my name was directed to be removed from the State Register and of (cid:9) the(cid:9) offence(s)(cid:9) for (cid:9) which(cid:9) the(cid:9) Council! Board I Committee of directed removal of my name was / were Since the removal of name from the Registers I have been residing at 5. (cid:9) and my occupation has been (cid:9) State. (cid:9) It is my request that my name be restored in the Register of 6. The grounds for the present application are: 7. The Nagaland Gazett e P ,a rt-V (cid:9) 29, June, 2019 45 a t1itsandt one.. thousand five-hundred 8. The prescribed Ice of Ri 1000 Rs LiOO- (Rupees. .Qe (cid:9) Dated- -.-.-, ,...Jn favour of Nagaland deposited by Bank Draft No,.... ... Nursing Council. theState Register of I request that orders may be passed for restoration of my name in 9. '(State). to- I submit three recent passpTt size photographs. Ceriiiicate in originaL I. I submit Nagaland Nursing Coutuil Registrrniofl Declared at . Before............................. Signature ( tor office useonly) Received the above documents in Original. Signature of regiciered Name'(cid:9) Dair(cid:9) *(Enstruc(iofla All fact,.; and the grounds on thieh lite application is made should be dearly and concisely stated. Use separate sheets if netessary. 46 V (cid:9) The Nagaland Gazette, Part- 29, June, 2019(cid:9) FORM-6 Application form for Provisional Registration Affix RecieptNo (cid:9) passport sue Dare (cid:9) photograph (For office use) attested. To, The Registrar Nagaland Nursing Council Sub: Provisional Registration Sir!Madam, e and other particulars mentioned below may be entered in the State I hereby request that my nam ursing Council as required under section of the Nagaland Nursing Provisional Register of Nagaland N Act 2019, Name of the application (block letters) I.(cid:9) 2.(cid:9) Father's I Husband's name 3. Mother's name 4. Gender 5, Nationality Date of birth (dates months year) 6.(cid:9) 7. Address (a) Residential address (b) Permanent address (c) Professional address Telephone NoJ Mobile Noi Fax No. !Email U) 8. 9. Category (Diploma/ Degree) IC. Qualifications (a) Ditlotria Year o f Name of the Schoo Name of the(cid:9) SL(cid:9) Description of Board! University Qualification/ No 1 qualification(cid:9) College corn' letion (b) De .Mt Name of the Nursing Name of the(cid:9) Year of SI.(cid:9) Roll NoJ University! Licensing Qualification College! Institution No(cid:9) Registration No. (cid:9)(cid:9) 29, June, 2019 -V (cid:9) The Nagaland Gazette, Part 47(cid:9) I hereby submit a Bank Draft No........Dated .,,...,,,,obtained from for Rs. 500 1- (Rupees Five Hunditd as non- refundable lee in favour of (Bank) (cid:9) Nagaland Nursing Conned. DECLARATION I solemnly affinu and declare that the particulars furnished above by me are true to the best of my knowledge and I believe and I undertake to abide by the code of Conduct & Ethics of Nagaland and Indian Nursing Council and by the Rules of Nagaland Ntirsing Council Signature of the Applicant Note : three Application to be submitted at the office of the Nagaland Nursing Council along with i.(cid:9) passport size photographs. Provisional degrceidiptoma or provisional certificate of examination issued by the Dean of the 2.(cid:9) collegef Boat d/ University in original along with relevant copies to be forwarded with this application. The original will be returned with the provisional certificate of registration. 3..(cid:9) Certificate of date of birth 4.(cid:9) Bank Draft for Rs. 500/- (Rupees Five Hundred) in favour of Nagaland Nursing Council (non- refundable) (for office use only) Received the above documents in original. Signature of registered person Name,(cid:9) Date*(cid:9) 48 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019(cid:9) FORM-7 FORM FOR GENERAL NOTICE iven to all Registered Nurses included in the State Register of General Notice is hereby g the Nagaland Nursing Council Act, 2019 whose validation of Nagaland Nursing Council under ie. 5 years have been completed, rhe hue made an application to the Registrar for ReistTatiOfl in Rule 6 of Nagaland Nursing Council continuance of their names in the said Resister as provided Rules, 2019. Individual notices along with the prescribed form of application are being sent under Certificate of posting to every such registered Nurse to the address in the said Register. An application in Form-3 for continuation of the name in the Register should be returned to the undersigned duly completed receiving the form by post may ithin 45 days of the issue of the notice. Any Registered Nurse not w obtain it from the Registrar- Date: Yours taitititilty, REGISTRAR Nagaland Nursing Council. Nagaland The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 49(cid:9) FOR\l- tt NOt ICF FOR cONTINtA HON ol \.\lE of UiF REGISTER To. Mr Ms Sub: individual Notice for continuation of name in the Nagaland Nursing Council Register SirfMadarn. application form (Form No-3) Notice is hereby given to you calling upon to return the enclosed duly tilled in by you to the Registrar within 45 (forty live) days for continuation of your name in the State of Nagaland Nursing Council Yours faith(üHy . REGISTRAR Nagaland Nursing Council Nagaland 50 The Nagaland Gazette, Part-V(cid:9) 29, June, 2019(cid:9) FORM-9 MEMBER, PRESIDENT & VICEPRESID.ENT DFCLARAT1ON OF RESULT OF been duly elected under sub- I hereby declare that DrfMr/ Mrs(cid:9) 2019, as the Member! President/ Nursing Council Act, (cid:9) of the Nagaland section the Nagaland Nursing Council for a period o Vice- President of —.- Place, (cid:9) Date: Signature Returning Officer The Nagaland Gazette, Part\T (cid:9) 29, June, 2019 51(cid:9) FORM-ID ELECTION OF PRESIDENT/ '/ICE-PRESII)ENT Name of the Candidates (cid:9) Vote SI. No. Signature of Returning Officer INSTRUCTIONS 1. Each elector has only one vote. candidate of his choice. 2. The elector should place the Mark (X) clearly opposite the name of the (cid:9) 52 V (cid:9) The Nagaland Gazette, Part- 29, June, 2019(cid:9) APPEN DIX- 0 NURSING COUNCIL DEC IAI4ATION: PLEDGE At the time of registrations each applicant shall be given a copy of the following declaration by the Registrar and the applicant shall read and agree to abide by the same and affirmed by the signature in the presence of Registrar. I .(cid:9) I solemnly pledge myself to consecrate my life to service of humanity. Even under threat. I will not use my nursing knowledge contrary to the laws of Humanity. 2. 1 ill mainulin the utmost respect for human life from the time of conception. to 3. 1 will not permit consideration of religion, nationality, race, party politics or social standing 4. my patient intervene between my duty and practice my profession with conscience and dignity- S.(cid:9) I will The health of my patient will be my first consideration 6. 1 will respect the secrets which are confined in me. 7. I will give to my teachers the respect and gratitude which is their due. 8. ll means in my power. the honour and noble tradition of nursing profession. 9. 1 will maintain by a 10, 1 will treat my colleagues with all respect and dignity. 1 shall abide by the code of nursing ethics and enunciated ill the Indian Nursing Council 11. (Professional Conduct, Etiquette and Ethics) Regulation Rules. 1 shall abide by the Rules of Nagaland Nursing Council'20ig 12. I make these promises solemnly, freely and upon honour. ............................................ Signature ............................ Name Place (cid:9) ............................................. Date Address The Nagaland Gazette, Part-V(cid:9) 29, June, 2019 53(cid:9) APPENDIX- C NAGALAND NURSING COUNCIL NAGALAND: XOIIIMA No. MIGRATION CERTIFICATE Ms/ passed the final examination or M.Sc/ B.Sc! GNM/ ANMI Fl-lW under Nagaland Nursing Council bearing Roll No (cid:9) ...and was placed in the (cid:9) Division This Council has no objection to her! his joining any recognised College! Board! University established by you Date: REGISTRAR Nagaland Nursing Council. 54 The Nagaland Gazette, Part-V 29, June, 2019 APPENDIX- 0 FEE STRUCTURE Amount Particulars Two thousand rupees For new/tresh registration'- ANMILHV Three thousand rupees ONM) B,ScJMSC or Above of an en' in the re ister One hundred ru e5 For issue of a certified co' V Five hundred ni' a Renewal of Registration One thousand rupees For entering each additional qualification - onia One thousand rupees Restoration of name in the resgi ter- ANM/LHV One thousand five hundred GNMJ B.Sc/MSC or Above Five hundred ru' es provisional Re isLratiOfl Five hundred ru' s For issue of du licate certificate nice Jstraiiofl Fve!SJP narne in For ecor 9 -- 01!efundable fees --------1 .(cid:9) Late feef o—r rw (cid:9) i!ratt01 date from which Nil Up to a period of one year from the (I)(cid:9) re istration was due Five hundred ru .ecS For(cid:9) cried more than one(cid:9) r but u .to five 'ears Five hundred rupees plus additional For period more than five years five hundred er year Late fee for non, r enewal of registration to.(cid:9) Two hundred rupees Upto one year from the date from winch registration Is due for renewal Two hundred rupees plus additional For period more than one year 0nehundredm' i- 'ear Two hundred rupees Annual listing fee for entry of name in the website ii.(cid:9) Five hundred rupees MM For issue of No Objection Certificate One thousand rupees Five hundred rupees Enrolment Fees One thousand rupees 15(cid:9) eçjpr cal regisrat1Ofl:t'flV -- e thousandfive hundred ONM/ B.SeJ MSC or AOO ' ----- 29, June, 2019 The Nagaland Gazette, Part-V(cid:9) 55(cid:9) APPENDIX- E PA\ STRUCTURE OF MANPOWER FOR STATE NURSING COUNCIL e.. >. (0 '0 to 11(cid:9) 12 13 14 7 8 2 Joint 0000 Director 00 C '.0 ('4 Deputy Director (cid:9) 0 C 0 0 C C C 00 0 M C 00 00 '.0 ('4 ('1 '.0 ('4 UDA C ( 0 '4 (District) 0 0 00 4 N .4 (C 0 '1 0 0 0 (' 0 4 ('4 0 0 0 ' N LDA 00 (District) C 00 0' C 00 0' ('4 hn ('4 kn 0/Peon C 0 0 C 00 Bn
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The NAGALAND NURSING COUNCIL ACT, 2019
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