The Act is to be known as “Indian Nursing Council Act”. It extends to whole India except state of Jammu and Kashmir. For this act, “state council means, council in its whatever name constituted under law of state regulate registration of nurse, midwives or health visitors in state”, “state register means, register of nurse, midwives or health visitors maintained under law of statute”.
Council will form with members with help of central government such members will be one nurse who enrolled in state register elected by state council, two members elect among themselves for purpose of training which has obtained degree in nursing and post-certificate for teaching of nursing and in nursing administration, one member trained in visitors health shall elect among themselves, one member which is elected by Medical council of India, one member who is elected by Central Council of Indian Medical Association, one member which is elected by council of Trained Nurse Association of India, one mid-wife or auxiliary enrolled in state register by each state council in four group of state that are Kerala-Madhya Pradesh-Uttar Pradesh-Haryana, Andhra Pradesh-Bihar-Maharashtra-Rajasthan, Karnataka-Punjab-Himachal Pradesh-West Bengal, Assam-Gujrat-Taiml Nadu –Orissa.
Council constituted will be named under “Indian Nursing Council” and will have perpetual succession and will hold property both movable and immovable with common seal of it and hence, it can sue and be sued under its name. Elections of member to elect in council should be conducted in accordance with rules prescribe by respective state government and any dispute which arise in such election should be referred to state government where its decision will be final and binding and in rest election for purpose of this act should be in accordance with rules as prescribe by central government and any dispute arising in such election should be referred to central government and decision of central government will be final and binding.
Member hold office for five years from date of nomination till date of succession is nominated whichever is long, such elected member or nominated member can resign the office at any time by him in hand written way addressing to President and from such date seat will be counted to be vacant, even seat can be said to be vacant if he is absent without sufficient reason in opinion of council from three consecutive meetings of council interval between first and third of said meeting exceeds six months, such casual vacancy can be filled in council by fresh election or nomination and even members of council can be re-elected or re-nominated as well.
The provisions of act say that qualification mentioned in part I shall be consider as recognised qualification and qualification mentioned in part II shall be considered as higher qualification for the purpose of this act. Any authority within the respective state having qualification in general for nursing, midwifery or health visitors or public health nursing and if are not registered with council then they need to apply council for recognition as if they do not do so then there qualification will not be considered as recognition so once they apply they get granted and there qualification will be recognized qualification. Person who has sufficient qualification from recognized qualification can enrolling in any state register, if person does not hold recognized qualification cannot get himself enrolled with state register once act is commenced but if within the said period or expiry of the date if person take approval for enrollment from council then he can register himself for state register. Every authority who grants degree for recognized qualification and recognized higher qualification shall furnish information as council asks from time to time in due course of study and training and examination.
Council with help of executive committee appoint inspector to inspect any institution recognised institution for training and examination that are held for the purpose of granting recognized qualification or recognized higher qualification and such report has to be send to Executive committee and then with remarks to has to be send to authority or institution, and if authority or institution feel concerned then it is send to central government to look further. If, it appears so executive committee can even withdraw the recognition of that institution only when there is sufficient reasoned to believe. Even council shall maintained register as per prescribe manner for nurse, midwives, health visitors to be known as Indian Nurse Register which will contain all persons names for being enrolled on any state register and this duty is conferred to secretary of council and shall keep it preserve as he should be able to furnish as an when required and such register is public document within the meaning Indian Evidence Act, 1872.
by Samata. H. Joshi.