The Tamil Nadu Nurses and Midwives Act, 1926

The Tamil Nadu Nurses and Midwives Act, 1926 Act 3 of 1926 Keyword(s): Council, Dhai, Nurse, Register Amendment appended: 26 of 1960 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. - --- --.- A A.. A "a* &,.>*"py->TS $;*iC & 3;."7:y . F"- .. ,. rlfl 1 1926 :T .N. Act Nurses mrd ~idwivd- 203 THE TAMIL NADU NURSES AND MID- WIVES ACT, 1926. P TABLE OF CONTENTS. ' ,$ 7 2 PREAMBLE. ?' SECTION: S d 1 1. Short title ; extent ; commencement. 2. Detiritions, I 3, Constitution of the Council and the term of t oace of members. 4. Effect of failure to attend m2etings of the Council. 5. Registration of nurses, midwives, health visi- tors and auxiliary nurse-midwives. 5-A. Ku-ses and midwives registered under Tra- i vancore-Cochin Act X of 1953 deemed to be regis- . .. rwed ucdx this Act. 8 6. Registration of dhais. I 7. Rcmoval and restoration of namzs. I 7-A. Sprcial provision for amding th:: register ef nurses, register of midwives and register of dhais. I 8. Appeal from Cnllt,cil to Tribunal. 9. Appzal to the State Government against reh~sal by the Couilcil to approve training institution or person. 10. Disabilities of unregistered persons. I 11. Rules by the State Governmznt. 12. By-laws by the Council. 12-A. Prchibition of ur.authorizrd ccnfc: zrcn t. 13. Penalty for dichcnest uce cf cc:tlicz le fcr procuring regi~traticnb y falsr means 2r.d fcr faIsifi- cation of register or ce~tificate. 14. Penalty for posing as registered nurse, midwife or dhai by a person who is not such. 15. Magistrates empowered to try offences u~der tiis Act. I. '[TAMIL lPADUl ACI' No. III OF 1926'. [THE'( TAMINLA DU)N URSE AN S D MIDWIVAECST,1 926.1 (Received the assent of the Governor on the 7th May 1926, and rhat of the Govemor-General on the 9th June 1926 ; the arse~~oft rhe Governor-General was first published in ?/re Fort St. George Gazette of the 29th Arne 1926.) a[An Act to pron'de for the registration of nurses, midwives, health visitors, auxiliary nnrse-midwives and dhais in the '[State of Tamil Nadu]. WHEREAit Sis expedient to provide for the registra- tion of nurses, midwives, health visitors, auxi1iar:q nurse-midwives anddhais in the '[State ofTamil Nadu]; It is hereby enacted as follows :-j Short title. 1. (1) This Act may be called the l[Tamil Nadu'/ N~rrsesa nd Midwives Act, 1926. -- -- 1 T h e w ords were substituted for the word '* MadrasH by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by t h Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969. + *For Statement of Objects and Reasons, see Part IV of the Fort st. George Gazette, dated the 15th July 1924, pages 123-124 ;f or Report of the Select Committee, see Proceedings of the Madras Legislative Council, Volume XXIX, pages 920-932 ;f or Proceedings in Council, m, .Tee ibid, Volume XIX, Pages 494-497, Volume page 257, Volume XXVII, pages 512-528, and Vclume XXlX, pages 890-902. The Act came into force on the 14th February 1928. The Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged Stabs (Laws) Act, 1949 (Tamil Nadu,Act XXXV of 1949). his Act, as was in force immediately before the date of the corn- mencement of the Tamil Nadu Nurses and Midwives (Amendmanc) ~ c t1,96 0 Famil Nadu Act 26 of 1960), and as amended by the said ~ c tw,a s extended to the Kanyakumari district and the She~lcottnh taluk of theTirunelveli district by section 15 of the said Act. r This long title and preamble were substituted for the original long title of, and the preamble to, the Tamil Nadu Act nI of 1926 by mion 2 of the Tamil Nadu Nurses and Midwives (Amendment) ~ c t1,9 60 (Tamil Nadu Act 26 of 1960). he axpression u State of of Lam Order, 1969, as of Laws (Second Amend* on tho 14th January 1969- \ Ta. i%6 : Act 'rjtt] Nwses &d hfidwivei % I . . (2) It shall extend to the whole of tho '[State of ExtsBt* 1I1 ' f&ip Tamil Nadu]. - @ At if$ 11 i3t It shall come into force on sach date as the C- I ; '[State Government] may, by notihation, appoint, 1 !$: 2. In this Act, unless there is anything repug- Defiaitim, 6 nant in the subject or context- r? .i L (a) Council ' means ' th&' [Tamil Nadue Nurses EI '. and Midwives Council] established under this Act i i (b) ' Dhai ' means ' an u41ltrained woman prac- '. tising the profession of midwifay (c) ' Nurse ' includes a male nurse. 1 (d) Prescribed ' means ' prescribed by rules I or by-laws made under this Act '. ! '[(e) ' Register ' means a register maintained under this Act and ' registered ' means registered or deemed to be registe~edu nder this Act,] 'The words State of Madras" were substituted for the words " "Presidency of Madras" by :-,cr;on 3 of the Tamil Nadu Nurses and Midwives (Anydment) Act, 1960 (Tamil Nadu Act 26 of 1960); and t+ exqysion State of Tamil Nadu " was substituted fpr the expresston State of Madl'as '* by the Tamil Nadu Adaptat~ono f Laws Or&r, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amandment) Order, 1969, which came into force on the 14th January 1969. wo 1 r T ds h e " w L o o r c d a s l G " o P v r e o r v n in m c e ia n l t " G b o y v e t r h n e m q e i n a t p " t a w ti o o r n e s O u r b d s e ti r t u o t f e 1 d 9 f 3 o 7 r a t n h d e the word " State " was substituted for Provincial " by the Adapta- tion Odor of 1950. TI.& axprpion was substituted for the expression " Madras Nurses oad Mdwivos Council by paragraph 4 of, and the Schafuls to, tbe Tamil Nadu Adapiation of Law8 Order, 1970. 4 This clausd was substitutd for oriuind claw (c) by section 4 af tho Tamil Nadu Nurses and Mtdwves (Amendment) Act, 1960 amilN adu Act 26 of 1960). I the Director of Medical Services ; O[(a) (b) three officers of tbe Public Health Depart- . /. , ment of Governtn:nt, nom'nnied by ths State Govertment, of ~llcrnon e rhall bc a 11urse ;] '[(bh) an officer of the Medical Department of Government, ncminated by !he "State Gover~:m$nt]; '[(c)] tbe '[Dean] of the General Hospital, hiadras ; '[(d)]t he Supcrinferdwt of the Government Hospital f o ~W omen and Ch~ldren,M adras; --. 1 'This exptession was substitutcc! for thc cxprcssicn " Madra Nunes and Midwives Council " by pmgrapl14 of, and th.- SchedJe to, theTsmil Nndu Adaptation of Laws Order, 1970. The words "S1:ttc of Madras " werc substituted for the wor& " Pre51dericy or Madras" by scction 5 fi) of tllc 7';n lil h'adu Nursa an3 klid .vives (Amcntlmenl) Act, IYiO ('l':.mil Nadu Act 26 of 1960); and the expression " Stale of Tiimil N;.du " woc substituted for the expresr;on "-Sti~tco f Madcas " by the Tnniil N:!du Adap:ation of Laws O:~ler, 1969, its anlendcd by the Tarnil Nad~rA djptation of Laws (Second AtilcndtnenO Ordcr, 1969, wiiirh cnnic into for= on the 14th J'r~luary 1969. 8 Thxc clauscs wcrc substituted for clnuscs (ii) and (b) by section 5 (ii) of the 'Tan~ilN adu Nurses and Midwives (Anlc~ldment)~~t, 1960 (Tamil Nadu Act 26 of 1960). a This clausc was insertcd after clause (b) of sub-section (I) of 3 by section 2 of the Madr:~sN urse5 and Midwives (Amend. mel~tA) ct. I942 (Madras.Act XXlll of 1942), re-cnncted pc-nently by scction 2 of,a nd the Flrst Schcdult: to, theTamil Nadu Re-enactiq and Repcalit~g( No. 1) Act, 1948 (Tamil Nadu Act V11 of194g). b This word was subqtituted for the word "Provincial" by Adaptation Ordcf of 1950. Original clauses (h),( 4, (dl, (el, 0, (8 )a nd (h) were n-lettered as clauses (c), (d),( r). (j), C4). (h)r nd (1) trspccti\cly by =ction 2 (1) (o) of the Madras Nurses and Midwives (Amendment) k t ,1 9' ~ (Madras Act VlI of 1934). * ward was substituted for tho word " Superintendent &tion 5 (iii) of the Tamtl Nadu Nutses and Midwjves ~ct1,9 60 (Tamil Nadu Act 26 of 1960). 1916 !T H:.A ctm] Nurses and Mdwtves '[(e)]' one Registered Medical Practitioner nominated by the '[State Gotel rme~~;t j I[( ] $[one Registered Mcdical ~ractitioncr~, nominated ? hy the Medical Cou~lcil established under sub-section (1) o' srcticn 5 of the 4[Tamilif$1z$!a Nadu] Mcdical Registratlcn 4~1,19 14 ; '[(g) the '[Nursing] Superintendent of the General Hospital, Madras, a!- ci the '[Nursingl Superintendellt of the Cjoc cl :m mt Hospital for Womtn afid Childzen, Ivic,iirz~j; ' [(h)] [two registered n~lrses]e lected by the registered nurses ar.d one rc&-tercc! nlidwilce ejected by the registered midwivcs it1 th? 1zrnut.r prescribed ; ......I '[ 1 Original clauses (61, (r), ((1). ((.I, t !I. fi) rtd (1,) were re-lettered as clauses (c), (tl), (r) (I), (g) (11) , .~d I I r.:p~ >!c ly by seclion 2(i)(a) of the Mddr.~~N urse; all 1 hi J,vi\:a (A~~~c~liimAenctt,) 1934 (Madras Act V11 of 1934). wo 2 r d T s h z L w o o c r a d l s G " o P v r c o r v n i i n ~ c l l . n ~ l r " G ~ i o lb v y e t r i n ??: n l r en : t ! . n " t: \t , , : c :i i > -c i l s O ~ r ! r k ls s r l i o tu f t 1 ed 9 f 3 o 7 r a t n h d e t t h at e i o w n o r O d r d " e r S t o a f t ,: 1 9 " 5 0 w . as slibs~itutcdt or " I-,or ;jlci; J " by the Adap- 8 These words were substituted for ilie no& " two Registered Medical Practitioners, one of *ko!n sl~:.ll bc! a woman " by section 2 (i) (b) of the hladl-as Nursci ant1 F~.j:iJwives( Amendment) Act, 1934 (Madras Act Vil of 1934). 4 These words were substituted for the wold " Madras " by the Tamil Nadu Adeplat!~n of LL!s ~ < ::Ci.l., i! (9, as amended by the Tamil Nadc Adaptation of Laws (Scco;~d Arncndment) Order, '1969. 6 This clause was substituted for the originn! clause by section 2 (i) OftbeMadrasNurses and Mid\sives (An~e~ic;nlcnAt)c t, 1941 (Madras ~ cWtI of 1941), r$-enacted permancnrly by sccticln 2 of, and the First Schedule to, the Tanlil Nadu Rc-cn::cting and Repeating (No. I) Act, 1948 (TamJ Nadu Act Vll of 1948). ?This word'wassubstituted for the word "Matronw by d u 53(iv of the Tamil Nadu Nurses and Midwives (Amendment) Ad, .' ,('J!amil'~NadtlA ct-26 -of 1960). - , .. " -. .. . . ( s A u f m l m ~ en \m bn b e : y w o t s ) o e s c A id t c io r t, n w e 1 2( r 9 i e 1 3 ) 4 m (M h o t f a it d t w i t f h e e d A M f c o t a r d V t r U h a [ a s o w N f o u 1 r 9 d n 3 s e 4 a ) 4 : 4 a m n , t d s * ' ' M , " . , & - w - a M ' i ves ' I " )T~Mw ord and wt& bhttid by section 2 (i) (c),, ' CMb; ' ,.(, . I Christian Medical Asriiciation of India (South India Branch) as are so registered ; and] * [(k)] two non-officials, not of the classes referred to above, one of whom shall be a woman, ' nominated by the [State Government]. '[ The Director of Medical Services] shall be the President of the Council. ........ I '[ (2) The members of the Council other than members ex-officio shall hold officef or a term of tbme ............ years '[. .I. ' Clausa (11, V) and (k) were insert* by section 2 (1) (dl of the Madras Nurses and Mdwtves (Amendment) Act, 1934 (Madras Act VII of 1934). Origin11 cllu~?( j) w1s onitted and clauses (k) and (0 were relettered as clauses (j) and (k) by section 2 (iii) of the Mach Nurses and Midwives (Amendment) Act, 1941 (Madras Act XVI of 1941). r~nactedp ermanently by section 2 of, aqd the pint Schedule to, theTamll Nadu Re-enactlng and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948). The wor&9 "Provincial Governmmt" were substituted for tho 8 words "Local 9overnment" by the Adaptation Order of 1937 and the word State " was substituted for "Provincial" by the Adaptation Order of 1950. These words were substituted for the word0 "The Surgeon- 4 I General" by section 5 (v) of the Tamil Nadu Nurses and Midwives (Amendment) Act, 1960 (Tamil Nadu Act 26 of 1960). 8 The following proviso to section 3(1) was omitted by section of the Madras Nurses and Midwives (Amendment) Act, 1934 (Madras Act VII of 1934) :- mat 'a o P f r t o h v b i d A e c d t , t h th at e f t o w r o a m p a e t r r i o od n s o r f e f o e n rr e e y d e t a o r i f n r o c m la w th . e I C d f ) s w ha lwl b . e m-tod by tho Surgeon-~-a1 and the nurse wife referred Lo irr dam &) &bad be panlnatod by tho LooJ wmt @ ' ~ f 0 ~ ~ o r d s a o d ~ ~ ~ o m /wQ#@e# bdmb,9 Ibki.d,- . . . ",,,.a_-. &. L I r U.,;r>., . . a , . ..I.... .< r S"?,,.,. ,:..a ....*...A. ....... ~ ;Au&z:! *- " ..- r ~ ~ .. * y < , ., "+< *& 9," 1926 1 ' T.N.'&C~IJ I] iVurses and ~idv;ive8 209 G% , . . + ..a (3) If the place of a member of the Couocil becomes vacant by the expiration of his term cf office . . or by death, or by resignation or otherwise, the vacancy shall be filled in tEe manner provided for the filii~lgo f the vacancy by sub-section (1). (4) 4n outgoing member of the Co~rncii shall be eligible for re-cleclion or re-nomination. (5) The powers of the Council may be exercised notwithstanding any ~acancyin the Courcil. 4. 4 memb~w ho fails to attend three conse- : Ef e fect , o $ f ra ) ilu s re $r I cutrve meetings of tht Council shall rmse to be a the member unless restored by the Council at its nexl council meeting. , 1 l[5. (I) The Coilncil shall maintain a rqgisler of Y Regi5tr ; nti0 ~ 11 ,''-'z nurses, midwives, health visitos-s and auxiliary nurse- midwives and in such re$ister shall be entered the health vixitot.s names of all nurses, midwives, health visitors 2nd nuxi- am1 at~xilinry liary nurse-midwives, who have ~lt?dergo~tllct ~co urse lllidwivcs* of training and passed tile euamitlatio~~ans d l'~11fil 11.1~ conditions prescribed. I i (2) Tllc rcgi\tcr rct;:: rccl lo in \LI b-\ccl1o~1( I ) shall consiq of sirch p:trtk, :tnd .\I~:\ll bc m;;lrlt;\intd in svch man!~er n~ayh c prc,cribtcl.l 21.5-4. (1) Notwitl~.,ti\ncI~n;g~ ,.lyti.il~c?, ,~ltaincc ~il4 ~"r'"l+? ~w""'Ir ves in this Act, ally I~CI~~. r O ~ I , I y ,ibicrci L t I II~~I.L L II~1''1 ;~V;LIIC.OI.C-I .cyix,cre,ul ,,,lrl. &chin Nurscs and Midwives Act, 1953 ('l'~~avancorc- -rraviillo;:(:,lF~e.cd- Cochin Act X ol' 1953), u.110, imrncdiaicly buloic ~IIC::;:&'' Arst day of Novcmbcr 1956, was itoldi~tg any t,, b , registe~.ctk appointmcllt as nurbc or ~nitlwil'c in ally LI~L~~Cl Ih.i s Act. hospital, dispensn~.yo r i~lfitrnal.y 1\01 supporlctl entirely by voluiltary ~on~ributiunisn (Itc ~l.:tndixrccl territory or who, immccliatcly bdt'urc tho said day, was practising as nursc or midwife in tllut territory 'I This section was substituted for the prisinal section 5 by seztion 6 of tho Tamil Nadu Nurses and Midw~ves( Amcndmcnt) Act, 1960 earnil Nadr; Act 26 of 1960). shall, subject to the provisions of section 7, be deemed to be registered as a nurse or, as the- case may be, a midwife under this Act. Explanation.-For the purpose of this sub-section, the expression ' transferred territory ' shall mean the Kanyakumari district and the Shencottah taluk of the Tirunelveli district. (2) The Council shall, subject to such conditicns and restrictions as may be prescribed, enter in the register referred to in sub-section (1) of section 5 the name of any person who, under sub-section (1) of this section, is deemed to be registered under this Act.] Regisqation 6. The Council shall maintain a register of of dhau. dhais, admission to which shall be regulated by such conditions and restrictions as may be prescribed. RemDval and 7. Subject to such conditions and in such manner restoration of as may be prescribed, the Council may refuse to names- enter the name of '(any nurse, midwife, health visitor, auxiliary nurce-midwife or dhai] in the register or remove the name of '[any. nurse, midwife, health visitor, auxiliary nurse-midwife or dhai] from the register or restore thereto the name of '[any nursr, midwife, health visitor, auxiliary nursc-midwife or dhai] so removed. Special 217-A. (1) Notwithstanding anythinp contained for in this 4ct, the Council may, by order in writing, amending the amend thc register of nurses, register of midwives register of nurses, register Or register of dh~isby deleting therefrom the name r o e f g m is& idw o iv f e d s h a d n o d , of any plrson who, by reason of the alteration of boundaries under the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959), has ceased to reside or practise in the 3[State o-f Ta mil Nadu]. -- -- - lThese words,,were substituted for the words " any nurse, midwife or dhal by section 8 of the Tamtl Nadu Nurses and Midwlves (Amendment) Act, 1960 (Tamil Nadu Act 26 of 1960). 'This section was inserted by paragraph 3 of, and the Schedule , to, the Madras Adaptation of Laws Order, 1961. * This expresclion was substituted for the expression " State of Madras ** by the Tamil Nadu Adaptation of Laws Order, 1969, as ammded by the Tamil Nadu Adaptallon of Laws (Second Amendmen$) Order, 1969, which came into force on the 14th - \ 1926 : T.N. Ad III] ~uriesa nd Midwives 21 1 ll!! . The Council may likewise amend the said register ;"' by adding thereto the name of any person whose ii residence or place of practice has, by reason of the said alteration of boundaries, become part of the I' '[State of Tamil Nadu]: ! Provided that the Council may, before passing an order, make such inquiry as it deems necessary. I (2) Any person aggrievcd by an order under sub- 1 '1 I section (I) may appeal to such authority and within I such time, as may be specified in this behalf by I the State Government and such authority shall pass I such order on t he appeal as it thinks fit. (3)Anorder of 'the Council under sub- section (I), or where an appeal has been preferred against it under sub-section (2), the order of the appellate authority, shall be final. 1 (4) The provisions of this section shall cease to bt in force from such date the State Govcrnrnent a5 may, by notification appoint.] I 8. (I) '[Any nurse, inidwife, hadth visitor, suxi- ~ ~ ~ ~ ~ ~ l f : ~ ' ~ ' liary nurse-midwife o~ dhai] aggrieved by an order Tribunal. i of the council under section 7 may, within threemonths from the date on which notice of such ordcr is given, appeal against the ordcr of the Council. (2) Such 2pp:nl 5h:lll bc heard by :r Tribunal of three persons selected in rc.!ation- (0)O nc from n panel of not 1e\s than six persons of not less than t\ssl\~ey ears ' experience us a Magis- trate or Civil Jdgc nominated by the "State Govern- ment] ; - - --- -- " a Thh expresbion was substittrtcd for tl~ce xpression State of Madras " by the Tan111N .idu Adapt;~liouf~ ~L ;tws Order, 1969, as amended by the Tamr! Nadu A?aptatron of Laws (Second Amend- ment) Order, 1969, wh~chc hn~err lto force on the 14th January 1969. I 1 Thtse words were substituted for the words " Any nurse. n~idwifa or dhai" by section 9 (i) of the T~milN adu Nurses and Midwives(Amendment~A ct, 1960(Tamil Nadu Act 26 of 1960). 9 The uords 4"ovincial Government" were substituted for f be word? "Local Government': by the Adaptation Order of 1937 and the word "State" was suhat~tutedf or provincial^* by the Adapta- 1 . tion Order of 1950. 1 ./ 125-1 614A t * ? 1 .- (b)O ne from a panel of not less than six regis- tered medical practitioners selected in the prescribed manner by the Medical Council established under sub- section (1) of section 5 of the '[Tamil Nadu] Medical Registration Act, 1914 ; and (c) One from a panel of not less than six regis- tered nurses holding both general and maternity certi- ficates and selected in the prescribed manner by the registered ^;nurses, midwives, health visitors and auxi- liary nurse-midwivesf. (3) The order of the Tribunal shall be final. Appeal to 9. Any person aggrieved by the refusal of the Coun- the State Government cil to approve any institution or person under any rule: against relating to training made under this Act, may appeal by the Council against the refusal to the "State Government] and the to '[State Government] may give such directions as they training institution think proper and the Council shall con~plyw ith the or pereon. directions so given. . Disabilities 10. (I ) Except with thc speci:rl sanction of the of unregistered J[Stat~G overnn~ent],n o person shall, after thc expiry persons. of three years from the comlnencement of this Act, be competent to hold any appointment as '[nurse, midwife, hc~lthv isitor or auxiliary nurse-midwife] in any hospi- tal. dispensary, or infirmary supported entirely 1101 hy voluntary contributiolls unless such person is regis- tcrocl as 4[nursc, m'dtvife, health visit<;; or auxiliary nurse-midwife] under this Act. - ----- .- These words were substituted Tor the word "MadrasQ by the Tnmil Nadu Adaptation of Laws Older, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment)Order, 1969. Thcse words were substituted for the words "nurses and mid- wives'' by section !) ( ii) of the Tamil Nadu Nurtes and Midwives (Amendment) Act, 1060 (Tamil Nndu Act 26 of 1060). Thr: words "Provincial Govcrnment" were substituted for the words '2ocal Government" by the Adaptation Order of 1037 and the word "State" .was subrtitt~tedf or "Provincial" by tho Adnptation Order of 1950. 4 These words were substitut.d for the words " nurses or Mid- wife" by sectiorll0 of the Tamil N~duN uhw and Midwives (Amendment) Apt, 1960 (Tamil Nadu Act 26 of 1960). - * * c ',':"w,:"< '-7 -'...**~- rawf.,;, 1926 : IIIJ durses and kithi $ rda & , i 218 ** D .. l[Explanatjon.-ln relation to a health visitor or auxihary nurse-midwife, the expression ' commence- ment of this Act ' in this sub-section shall be construed as rcfenillg to the dale of the coming into force of the '[Tamil Naduj Nurses and Midwives (Amendment) I Act, 1960.2 (2) After the expiry of one year from the wmmen- cement of this Act, no subsidy shall be paid by the 3[State Government] or by a local authority to any madid practitioner who employs a dhai other than a registered dhai. 11. (1) The 3[State Governmentl may, after pre- vious publication, make rules to carry out all or any of state o b o y v w the purposes of this Act not inconsistent therewith- meut. (2) Jn particular, and bithout prejudice to the generality of the foregoing power, they may make rules- (a) regulating the conduct of the elections of members of the council ; (b) regulating the conditions of admission to the register ; '[(bb) prescribing the conditions and restric- tions subject to which the Council shall enter in the register referred to in sub-section (I) of section 5, the name of any person under sub-section (2) of section ;3 5-A (c) regulating the conduct of any examina- tions which may be prescribed as a condition of ad- mission to the register, and any matters ancillary to or connected with such examinations ; 1 This explanation was added by section 10 of the Tamil Nadu Nurses and Midwives (Amendment) Act, 1960 (Tamil Padu Aot 26 sf 1960). s Thac worcls were substituted for the word "Madras" by the Tarnil Nadu Adaptation of Laws Order, 1969, an amended by the T a dN adu Arlaptatios of Lawe (tjecond Amendment) Order, 1969. The words " Provincial ,~overnmcnt"w ere substitutezd ff or the w an o d r ds th " o , L w o o c r a d l " G S a ta v t e e r ye w n a t s s b u y b s t t * i tute A d d f a or p ta " t P io r n o v O iw rd a er l by 1 9 th 3 o 7 Adaptation Order of 1950. * This claw was. iqscrted by section 11 (I) (a) of tbf, Tamil *NaduN urser and M~dwlves( Amendmat) Act, 1060 (Taral Nadu Act 26 of 1960). a( ..- (d) prescribing the causes for which, the condi- tionsunder which and the manner in which, thea[nurses, midwives, health visitors, auxiliary nurse-midwives and dhais] may be removed from the regist& and the procedure for restoration to the register of %[nurses, i" midwives, health visitors, auxiliary nurse-midwives and dhais] who have been removed therefrom; (e) regulating the selection of the panels and the constitution of the Tribunal specified in sub-section (2) of section 8 and the proced~lreto be followed by the Tribunal ; (f)p rescribing the fees to be paid in respect of an appeal under this Act ; (g) determining the manner in which all fees . levied under this Act and all moneys received by the Council shall be applied for the purposes of this Act. '[(3) All rules made under this Act shall, as soon as possible sftcr they are made, be placed on the table of both Houscs of the Legislature and shall behubject to such modifications by way of amendment or repeal 3s the Legislature may make either in the same session or in the next session.) 12. (1) The Council may make by-laws not in- By-taw8 by consistent with this Act or any other law- the couuoil. (u) for reguhting the compilation, maintenanca pub!:cation of the register ; (b) for regulating and supervising the practice of their profession by registered "nurses, midwives, health visitors, auxiliary nurse-midwives and dhais]; *. 111 (d) for prescribingt he rates of fees to be charged I: i / 1 for examinations prescribed for admission to the .I; ! 1 register and for reautration ; , It' 1 (e) for regulating the summoning of meetings :i, of the Council and its proceedings ;a nd /I I' (f) for regulating the expenditure of the . I/ Council and providing for the audit thereof, (2) No by-law made by the Council shall come 1 into force until it has been confirmed by the 'LState Gavernmentj with or uithout modification or amend- 3C12-,4.(1 ) Save as provided in this Act or the Probibitim rule> or by-laws made thereunder, no person shall ;Lrutho grant or issue or hold himself out as entitled to confer, grant or issue any degree, diploma, licence, certifiwte or other document stating or implying that the holder, grantee or recipient is qual~fiecf to practise the profession of a registered nurse, midwife, health visitor, auxiliary nurse-midwife or dhai. (2) Whoever contravenes the yrov~siorlso f sub- section (1) shall be punishable with ime wI~ic11m ay extend to one thousand rupees ; and if the pesson so .-.. __- - -_I.._& ' ..--- _____I__-- 1 Tilase word?,were substituted for thc woids '' nursos, mid- wives anddhais by section 12 of the Tamil Nadu Nurses and Midwives (Amendmeni) Aot, 1960 (Tamil Nad u Act 26 of 1960). 2 The words " Provincial q~vernment" were slrbstituted for the words '' Local Goxerment by the Adaptation Ordcf, of 1937 4t he word a State was substituted for *' Prcrvinwal by the Adaptation Order of 1950. I i I --- -* , 26 : T.N. Act M .V contz: v ening is an association, every member of asso, *.tion who bwingiy and wilfully authorizes or I , rmits the contravention, shall be punishable with h e w hich may extend to Eve hundred rupees.') t . 3 4, Any person who- Ped( for chI xtr) d y ish : o nestly makes use of any certificate of disho r j, ;ltion issued under the provisions of this Act use $f or to any other person, certificate for procuring 5) procures or attempts to procure registration registration und- ~heprovi~i~n~~fthi~A~tbymakingorpt~- m by e a f n al s s e a nd duc * or causing to be made or produced any false for falsifi- or i~dulent declaration, certificate or rcpresenta- ation of tior: .hether in writing or otherwise, cr register Or certificate. (c) wilfully makes or causes to be made any fa[\.. representation in any matter relating to tho regi or thc certificates issued under the provisions :CT of I rtts Act, shali be punishable with fine not exceeding two hull. drec' .:nd fifly rupees. id. (1) Any person, who, not being a '[registered Penalty for nun2 or hc:\lth visitor] tnkcs or uses the name or titlr posing a, registered ~f '[registered nurse or health visitor] or uses any nurse, n;LIne, title, description. uniform, badge or signboard, or dhai by n with he intclltion that it may be believed or with the PerSon who knowledge that it is likely to be believed that such I is not such. person ci; a '[registered nurse or health visitor] shall i be punishablc with fine not exceeding . e hundred rupees. (2) Any person, who, not being a '[registered midwife, auxiliary nurse-rnidwife or dhai] takes or uses the name or title of '[regi\tered midwife, auxiliary nurse-midwife or dhai] or uses ally nalnc, s , i & i by s 1 e T ct h i e o w n 1 w 4 o ( r i d ) s o w f e t r h e f s T ub am sti i t l u N te a d d u fo r N t u h r e s e w s o a r n d d s M "r i e d g w is i t v c e r s c ( d A n m ur e s n e d " . I ment) Act, 1960 (Tam11N adu Act 26 of 1960). for the words "registered mid. \ I $.N. ~ c11t11 Nurses and NicI\viv~$ 217 title, description, uniform, badge or signboard, with the intention thi~t it may be believed or with the knowledge that ir is likely to be believed that such person is a 'Lrcgistcrcd midwife, nu.uiliary nurse- mid\;~ifeo r shall be punishable with fine not exceeding fifty nipccs. I , ' , - .. . -.--._- --._I-CC-_ Thcsc words were substituted for the words *'registered 1 111lti wife or dhai" by swtion 14 (ii) of the Tamil Nadu Nurqes and Midwivrs (Anlrndn~ent)A ct, 1960 (T~n~Niald u Act 26 of 1960). I _ .-A---._ _ .-. .--* 554 N~trsesa nd Midwives /I961 : T.N. Act 26 . ( ~ h . < ~ d u ~ e n t ) .I " ' , : >ii' I '4 '[TAMIL NADU] ACT NO,.2 6 OF 19602. 9: , , . f 1 4 1 THE I[TAMIL NADU] NURSES AND MIDWIVES (AMENDmNT) ACT, 1960. [Fcceiv~dth e assent of tlze President c n the Gtlz Dccarr br r 1960, $tist published in the Fort St. Gcorge Gazette or2 the 141h ~~cembr1r9 '6 0 (Agroha)?cmu2 3, 15 82).] An Act furtkr to amend the '[Tamil Naduj Nurses and Midwives Act, 1926, and to extend that Act to tSc . transf~redte rritory in the 3[Slate of Tamil Nadu] WHEREASit is expedient fur. her to anlend the l[Tamil Nadu] Nurses and Midwives Act, 1926 ('[Tamil Nedu] Act III of 19261, for the purposes hereiraftei appearing and to extend that Act to t:,; udi~Jerrr:d territory in the 3[State of Tanril Nadu]; BE it ellacted in the Eleventh Year of the Republic of as Indi follows:- I : Short tirle 1. This Act may be called the l[Tamil Nadu] Nurses ; 1 and Midwives (Amendment) Act, 1960. 1 4 2-14. (The amendments made by these sections have been incorporated in the pri~cipalA ct, namely, Tamil Nadu Act TIT of 1%26.) * Thesz worc's were subs' ifu ted for the word "Ma+ras" ~y the Tamil Npdu Ad-aptation of Laws Order, 1969, as amenc'l=d by the Tan~ilN ni u Ac'aptation of Laws (Second Amendment) Ordcr, 1969. For Statement of Objects a ncl R?asol-s , see Forl St. George Gaaatte Extraordinary, dated r hc Sf h Ai~g~s19t6 0, Part N-S ec1i011 3, p?ges 9-10, "his expression was substit wed for tl;e expression Sttcte of " ?/f;+dllils" by Ihc Tamil Nadu Atiaptalion "f Lws Order, 1969, as arnr.iaue.l by the Tamil Nadu Adaptation of Laws (Secoi~ciA mend- ~ ~ ~) Oerci4.~cr,i1 9 69. : + 1960 : T.N.A ct 26J Nurses and Mihives 555 (Amendment) v& ?kduJ N m d rWrdw~vc~A a, El'x,"teln%sha! d 5 tp" Nadu ] Ad El of 1926), as in force immediately before the date of the commencement of this Act, and as 1926 to the amended by this Act (hereinafter in this section transferred referred to as the lmmil Nadu Act& is hereby extended to, territory, . and shall be in force in, the transr'erred territory repeals and savings. (2) Ary law corresponding to the lwamil Nadu Act] in force in the transferred territory immediately before the date of the commencement of this Act, including the Travanwre-Cochin Nurses and Midwives Act, 1953 (Travan~ore-CochinA ct X of 1953) (hereinafter in this section referred to as the corresponding law) shall stand repealed on the date of such commence'ment. (3) The repeal by sub-section (2) of the corresponding law sliall not affect-- (a) the previous operation of the corresponding law or anything done or duly suffered thereunder ; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the corresp~ndingla w ; or (c) any penalty, forfeiture or punishment incurred ? in respect of any offence committed against the correspon- ding1aw;or i; T (d) any investigation, legal pro+7 da ing or remedy t in respect of any such rieht, privilege, obligation, liability, penalty, forfeiture or punishment as1 aforesaid; and any such investigation, legal proceeding br remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. ' > (4) Subject to the provisions of sub-section (3), anything done or any action taken, including any appointment or delegat ion made, notification, order, indtruction or direction - q"t'A.3.' 1 -, a This expression was substituted for,t hel ex ression "Madrar 1 Act " by the Tamil Nadu 'Adaptation of Laws Or er, 1970. These words were substituted for the word '' Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended b the Tamil Nadu Adaptation of Laws (bond Amendment) Jrdedcr, 1969. 556 lyurses and Midwives [1960 : T.N. Act 26 (Amendment) issued or any rule, regulation or form framed, certificate granted or registration effected, under the correspond;l,g lab^ *hall be deemed to have been done or taken under the l[Tamil Nadu Act] and shall continue to have eifecf accordingly, unless and until superseded by anything donc or any action taken under the I[Tamjl Nado Act]. (5) Unless thd context otherwise requires, the SITai~~il Nadu] Gzneral Clauses Act, 1891 (2[Tamil Nadu] Act Z of 1891), shall apply for: the i~~terprctatiooifl the 2[Ta~nil Nadu Act] as extended to, and in force in, the transferred territory. (6) For the purpose of facilitating the application of the '[Tamil Nadu Act] in the transferred territory, ally court or other authority may cpilstrue such Act with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter befoce the court or othei authority. (7) Any reference in the l[Trrmil Nadu Act] to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the low, if any, in force in that territory corresponding to such law. a (8) A.ny reference to the cor'esponding law in any law whicli continues"to be in force in the transferred territory after the date of the commencement of this Act shall, in relation to that territory, be construed as a reference to the l[Tamil Nadu Act]. ~x~lanation.-FOSth e purpose of this section, the expression transferred territory " shall mean the Kanya- " kumai i district and the Shencottah taluk of the Tirunelveli district. 16. (1) If any difficulty arises in giving effect to the pro- Paver to visions of this Act or of the principal Act as amended by "move this Act, tho State Government as occasion may require, cul ties may, by order, do anything which appears to them necessary for the purpose of remoring the difficulty. This expression was substituted for the expression ''Madras I Act" by !hs T:~~nKila du Adaptation ol' Laws Ort'er, 1970. a TI~ese words were substituted for the word " Madras " by the Tamil Nadu Ac'aptalion of LRWS Order, 1969, as amence,l by the Tamil Nac!u Aclrptcction of Laws (Second Amendment) Or\!er, 1969. 1960: T.N. Act 261 Nurses ai~dM idwi ~ t ~ 5s5 7 (Ame ndm ent ) (2) All orders issued under sub-section (1) shall, as soon as possible after they are issued, be placed on the .table of both Houses of the Legislatw and be subjea to such modifiuttions by way of amendment or repeal as the Legislature may make either in the same se::sion - or in the next session.