The Delhi Nursing Council Act, 1997

(‘10 BE PUBLISIED IN PART IV DELHI GAZ‘TTE EXTRAORDINARY) Goiemmeat of Eational Capital Terribtn of Delhi. (Department of DumJuadCe 8: LegislatiVe Affairs). 5-316! Hath Marg,nelh1-110054. a°.£.14/5/97-99/L.A./{2‘;7 Dated // M.reh,1999. 'me following Act of the Legislative Assembly received the assent of the President on 4.3.1999 and is hereby publiahed for general information. 'Ihe Delhi Nursing Council Act.1997 (Delhi Act. No.3 0! 1999) . AN ACT '1‘: pmvide for the constitution of the Delhi Nursing Council for regulatiul of registration and training of nursing personnel (n‘raeamid-wivu. auxiliary nurse health unmet/female health mifiwives/funale assistant] supervisors) and matters connected therewith. \ ; “nu-r , a: BE it enacted by the Legislative o ti f on th a e l R C e a p p u it b a l l ic T o e f rr I i n to d r ia y a o s f D fo e ll l o h w i s in : th A e sse F m or b t l y y e o i f gh t t h h e Y N e a a ~ r CHAPTER I — PRELIMINARY e S x h t o e r n t t ti a t n l d e, 1. (1) This Act may be called commencement. the Delhi Nursing Council Act, 1997. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may, by' notification in the official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires, (a) ”affiliated institution" means an institution or hospital or health centre for preventive, promotive, curative care and rehabilitative nursing servic— es, which is recognised. and affiliated to the Council; (b) ”auxiliary nurse - midwife” or “female health worker” means a person who possesses a cer~ tificate of auxiliary nurse midwife, or, as the case may be, of female health worker from a recognised institution registered under section 13; (c) ”council" means the Delhi Nursing Council constituted under section 3; (d) "female health assistant or supervisor“ means a person who possesses a certificate from an institution recognised and registered under section 13; "Government” means the Govern— ment of the National Capital Territory of Delhi; (f) ”licensing authority” officer means an authorised by the Government to issue licences under this Act; (g) ”Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi referred to in clause (1) of article 239AA and appointed by the President under article 239 of the Con— stitution; I (h) "Inspector” means a nurse appointed by the Council; "list” means a list of nurses, midwives, auxiliary nurse— midwives or female health workers or female health assistants or supervisors maintained under section 16; ”member” means a member of the Council; ”nurse” means a person who possesses a certificate in nursing and midwifery from institution an recognised in this behalf and registered with the Council; (l) "prescribed” means prescribed under the rules; (m) ”President” means the Presi— dent of the Council; “register" means a register maintained under section 15; ”registered” means registered in accordance with the provi— sions of section 13; (p) "registrar" means Registrar appointed under section 10; (q) “regulation” means a regulation made by the Council under this Act . (I) ”rule" means a rule made by the Government under this Act, by notification in the Offi— cial Gazette. CHAPTER II Delhi Nursing Council Constitution and incor- 3. (1) The Government shall, as soon as may be after the poration of the Council. commencement of this Act, constitute a Council called 'The Delhi Nursing Council'. The Council shall consist of the following Inembers, namely:— (a) The Director of Health Services, Government of National Capital Terri- tory of Delhi — Ex—Offi— cio. (b) The Director of Indian Systems of Medicine and Homoeopathy — Ex—Officio. (c) The Medical Officer of Health, Municipal Corpo— ration of Delhi ~ Ex— Officio. (d) The Nursing' Advisor to the Government of India — Ex—Officio. Three Nursing Chief Officers of the hospitals in the National Capital Territory of Delhi to represent one hospital each, to be nomi— nated by the Governs ment by rotation, from the following — (i)Hospitals of Central Government; (ii)Hospitals of Govern— ment of National Capital Territory of Delhi; (iii)Hospitals of Munici— pal Corporation of Delhi/New Delhi Municipal Council. Two Members of the Legislative Assembly of the National Capital Territory of Delhi to be nominated by the Speaker of the Assembly. Three persons to be nominated by the Govern~ ment to represent as nurse, an auxiliary midwife and a nursing educationist, from amongst the nurses, auxiliary nurse midwives and nursing education— ists of recognised nurs— ing schools. A member of the Delhi branch of Trained Nurses Association of India to be elected by the Members themselves. (i) Two principals, one each from General Nursing and Midwifery Schools and Colleges of Nursing; and one Principal from Aux— iliary Nursing and Mid— wifery Schools, to be elected from amongst the nursing institutions. (2) The Council shall be a body corporate, having a perpetual succession and a common seal, with power to acquire, hold and dispose of property, whether movable or immovable, and to contract and to do all things necessary for the purposes of this Act, and may by the name aforesaid sue or be sued. (3) The President and the Vice— President of the Council shall be elected from amongst the members, according to the procedure as may be pre— scribed. Term of 4. (1) The term of office of a Office. member, other than ex—officio member, shall be three years from the date of nomination or until a successor has been duly nominated, whichever is earlier. (2) A member appointed to tile f/K’“\\\ Council in his ex—officio capacity shall cease to hold E m”: ’J office as a member if he ceases to hold such office. The President shall hold office from the date of election upto the date on which his term of office as a member expires or until a successor has been duly elect— ed. (4) If the seat becomes vacant by reason of death, disability, resignation, removal or dis— qualification, a new member shall be nominated by the Government and such nominated member shall hold office only for the remainder of the term for which the member was nominated. A member shall be deemed to have vacated office if he absents himself from three consecutive meetings of the Council :ithout leave of the Council. (a) The President may resign from his office by notice in writing ad— dressed to the Secretary of the Council. Such resignation shall take effect from the date on which it is accepted by the Council. (b) A member may resign from office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President. (7) Notwithstanding anything contained in this Act, the Government may — (a) remove a member from office on being found disqualified as per sub~ section (8) of this section, or (b) if the Council decides at a meeting by two~thirds majority of the total membership that the continuation of a member in office is prejudicial to the interest of the Council, remove the member from office. A person shall be disqualified for being elected or nominat— ed, and for continuing, as a member — (a) if he is an undischarged insolvent; or (b) if he is of unsound mind and stands so declared by a competent court; or (c) if his name has been removed from the registei and has not been re— entered therein, or (d) if he is a wholertime officer or servant of the Council; or (e) completes 65 years of age. Meetings of the The Council shall meet atleast Council. once in a year and may also meet as many times as neces— sary in a year to transact its business. (2) The President, when present, shall preside over meetings of the Council and in his absence the Vice—President shall preside. In case both are absent, any other member elected by the members present from amongst themselves shall preside at such meetings. (3) All transactions of business at a meeting shall be decided by majority vote. (4) In the case of equal votes the President shall have a casting vote. Quorum. 6. The quorum necessary for the trans~ action of business at a meeting of the Council shall be one—third of the total number of members includ— ing the President; Provided that if at any meeting of the Council a quorum is not present, the President or the presiding member, as the case may be, shall adjourn the fleeting to Such hour of the day or some {uture day, as he may notify by notice on the Notice Board at the office of the Council. The business before the original meeting shall be brought before the adjourned meeting and may be disposed of at such meeting or any subsequent adjournment thereof, whether there be a quorum present or not. Vacancies in' 7. No act or proceeding of the Council n th o e t C to ou in nc - il shall be invalid by reason of existence of a vacancy in the v e a tc li . date act, Council or on account of any defect or irregularity in its constitu— tion. Executive 8. The Executive Committee shall Committee. consist of five members who shall be elected by the Council from amongst its members in the manner as may be prescribed. Other 9. The Council may constitute sub< Committees. committees for such purposes as the Council considers necessary. 10 Staffing of 10. (1) The Council shall, with the Council. previous approval of the Government, appoint a full time nurse as a Registrar and another full time nurse as a Deputy Registrar and such other staff as may be neces— sary. The Council shall adopt the Central Civil Services Rules mutatis mutandis, The pay and allowances payable to the Registrar, officers and other employees of the Council shall be fixed by the Council with the previous approval of the Government. The Council may, with the previous sanction of the Government, suspend, dismiss or remove any person appointed as the Registrar, or impose any other penalty upon him in the manner as {nay be provided by regulations. The Rug istra 1.’ aha l i be the Secretary and the Executive Officer of the Council. He shall attend all meetings of the Council, and of its Execu— tive Committee, and shall keep minutes of the meetings and names of members present and of the proceedings of such meetings. (6) The accounts of the Council shall be kept by the Registrar, in the manner as prescribed by regulations. ”trxu FM The Regist Lax: sha ll have such supervisory powers over the staff as may be prescribed by 11 regulations and may perform such other duties and dis- charge such other functions as may 3e specified in this Act, or as may' be prescribed. by regulctions. The Registrar shall be deemed to be a public servant within t t h h e e I m n e d a ii i n ing Pe o n f al s C e o c d t e io . n 21 of Fees and A fo ll r ow m a e n e c t e in s gs. 11. f t T e h h e e e s P C r a o e n u s d i n d c e i a l n l t lt s w a h a n a d n l c l o e t s b h e er p m ai e d mbers suc o h f prescribed by legfilatién a s : . vn;h_b; Income and Expenditure (l) The income of the Council of the shall consist of — Council. (a) registration fees re— ceived from the practi— tioners; (b) qrants received from the Government, if any; and (c) gifts and donations or any other sums raised by the Council. (2) The Council shall apply the money obtained under sub— section (1) in such manner as may be prescribed. CHAPTER I I I REGISTRATION AND ENLISTMENT Registration of nurses, 13. (l) Any pr*:on who fulfills midwives , auxi— academ qualifications and liary nurse training as prescribed under the midwives/female regulations shall be health workers, registered, on payment of such fees as' prescribed, in the 12 female health assistants/health register for a period of five supervisors. years. (2) The Council shall follow such procedure as may be prescribed by regulationsl (3) For the purpose of an appeal under the provision of section 23, the Council shall be deemed to be a court within the meaning of the Indian Evidence Act, 1872 and shall exercise all the Commissioner powers of a under the Public Servants (Inquiries) 1850: Act, Provided that nothing tained in con— any Act shall ent the Council from ho p ld re i v n — g an inquiry or hearing. Fee for renewal of 14. Any person shall renew his/her registration registration in the scribed by regulatio m n a s nner pre- payment of renewal fees. and on Registers to be maintained. 15. (1) The Registrar shall maintain such regiscers as may be prescribed. (2) It shall be the duty of the Registrar to make entries in t t i h m e e, register, from time to to iss to ue revise the same and certificates of registration in accordance with the provisions of this Act, and the rules made there~ under. Maintenance p li r s a t cti o s f in p g ers a o s o n f s 16. (1) e o Th f li e g s i C b u o c le h unc p il ers s o h n a s ll a k s eep ar a e li n s o t t nurse,auxiliary for registration nurse midwife, under section 13 but who are female health practising as nurses. worker,female If a person who, not being 13