Tamil Nadu act 003 of 1926 : Tamil Nadu Nurses and Midwives Act, 1926

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Act 3 of 1926

Keyword(s):

Council, Dhai, Nurse, Register

Amendment appended: 26 of 1960

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- --- --.- A .A A " a * ,.>*"y->S 3 . 7 " &pT$;& *iC ;":y. F-

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1 1926 : T.N. Act rlfl Nurses mrd ~ i d w i v d - 203

THE TAMIL NADU NURSES AND MID-

WIVES ACT, 1926. P

TABLE OF CONTENTS. ' ,$ 7 2 PREAMBLE. ^?'

SECTIONS : d

1. Short title ; extent ; commencement. 1

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.

7. Rcmoval and restoration of namzs.

7-A. Sprcial provision for a m d i n g th:: register

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ef nurses, register of midwives and register of dhais.

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8. Appeal from Cnllt,cil to Tribunal.

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9. Appzal to the State Government against reh~sal by the Couilcil to approve training institution or person.

10. Disabilities of unregistered persons.

11. Rules by the State Governmznt. I

12. By-laws by the Council.

12-A. Prchibition of ur.authorizrd ccnfc: zrcn t.

13. Penalty for dichcnest uce cf cc:tlicz le f^cr procuring regi~traticn by 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.

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'[TAMIL lPADUl ACI' No. III OF 1926'. [THE '(TAMIL NADU) NURSES AND MIDWIVES ACT, 1926.1 (Received the assent of the Governor on the 7th May 1926, and rhat of the Govemor-General on the 9th June 1926 ; the arse~~t of 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].

Short title.

WHEREAS it is 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

1. (1) This Act may be called the l[Tamil Nadu'/ N~rrses and Midwives Act, 1926.

-- --

1 T h e words 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 ; for Report of the Select Committee, see Proceedings of the Madras Legislative Council, Volume XXIX, pages 920-932 ; for Proceedings in Council,

.Tee ibid, Volume XIX, Pages 494-497, Volume m, 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 t , 1960 Famil Nadu Act 26 of 1960), and as amended by the said ~ c t , was 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 m i o n 2 of the Tamil Nadu Nurses and Midwives (Amendment) ~ c t , 1960 (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-

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i%6 : Ta. Act 'rjtt] Nwses &d hfidwivei % I . . (2) It shall extend to the whole of tho '[State of ExtsBt* 1 I' @ & Tamil Nadu]. - 1 fip

i f $ 11 At i 3 t It shall come into force on sach date as the C- I ; '[State Government] may, by notihation, appoint, 1 !$:

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2. In this Act, unless there is anything repug- Defiaitim, r L .i nant in the subject or context- ?

(a) Council ' means ' th& '[Tamil Nadue Nurses^EI

and Midwives Council] established under this Act '.ⁱ

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(b) ' Dhai ' means ' an u41ltrained woman prac- tising the profession of midwifay '.

(c) ' Nurse ' includes a male nurse.

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(d) Prescribed ' means ' prescribed by rules or by-laws made under this Act '. I !

'[(e) ' Register ' means a register maintained under this Act and ' registered ' means registered or deemed to be registe~ed under 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~on of 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.

1 The words " Provincial Government " wore substituted for the words " Local Government" by the qiaptation Order of 1937 and 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 c l a w (c) by section 4 af tho Tamil Nadu Nurses and Mtdwves (Amendment) Act, 1960

a m i l Nadu Act 26 of 1960). ^I

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O[(a) the Director of Medical Services ; /. . , (b) three officers of tbe Public Health Depart- ment of Governtn:nt, nom'nnied by ths State

Govertment, of ~ l l c r n one 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 ) ] the Supcrinferdwt of the Government

Hospital f o ~ Women and Ch~ldren, Madras; --.

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 f i ) of tllc 7'; nlil 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~tc of Madcas " by the Tnniil N:!du Adap:ation of

Laws O:~ler, 1969, its anlendcd by the Tarnil Nad~r Adjptation of

Laws (Second AtilcndtnenO Ordcr, 1969, wiiirh cnnic into for= on the 14th J'r~luary 1969.

8 T h x c clauscs wcrc substituted for clnuscs (ii) and (b) by section 5 (ii) of the 'Tan~il Nadu Nurses and Midwives ( A n l c ~ l d m e n t ) ~ ~ 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:~s Nurse5 and Midwives (Amend.

mel~t) Act. I942 (Madras.Act XXll l of 1942), re-cnncted pc-nently by scction 2 of, and 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) and ( h ) were n-lettered

as clauses ( c ) , ( d ) , ( r ) . ( j ) , C4). ( h ) rnd ( 1 ) trspccti\cly by =ction 2

(1) (o) o f the Madras Nurses and Midwives (Amendment) k t , 1 9 ~ '

(Madras Act V l I of 1934). * ward was substituted for tho word " Superintendent

&tion 5 (iii) of the Tamtl Nadu Nutses and Midwjves

~ c t , 1960 (Tamil Nadu Act 26 of 1960).

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1916 ! TH:. A c t m ] Nurses and Mdwtves '[(e)]' one Registered Medical Practitioner

nominated by the '[State Gotel r m e ~ ~ t j ;

I[( ] $[one Registered Mcdical ~ractitioncr~, nominate d? hy the Medical Cou~lcil established

under sub-section (1) o' srcticn 5 of the 4[Tamilif$1z$!a Nadu] Mcdical Registratlcn 4~1, 1914 ;

'[(g) the '[Nursing] Superintendent of the General Hospital, Madras, a!- ci the '[Nursingl Superintendellt of the Cjoc cl : mmt Hospital for Womtn afid Childzen, Ivic,iirz~j ;

[(h)] ' [two registered n~lrses] elected 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) r t d (1,) were re-lettered as clauses (c), (tl), ( r ) (I), (g) ( 1 1 ) , . ~ d I I r.:p~ > ! c ly by seclion 2(i)(a)

of the M d d r . ~ ~ Nurse; all 1 hi J ,v i \ :a (A~~~c~liiment) Act, 1934 (Madras Act V11 of 1934).

2 Thz words " Provinclnl Governnlent " \t,ci-c s~!kslituted for the words Local Govcrni~l.~r~il " by ti??: r:! .nt:,::i>il Orrlsr of 1937and the word " Stat,: " was sl ibs~itutcd to r " I-,or ;jlci; J " by the Adap- tation Order of 1950.

8 These words were substituted for ilie n o & " 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 V i l of 1934).

4 These words were substituted for the wold " Madras " by

the Tamil Nadu Adeplat!~n of L L ! ~ 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;nlcnt) Act, 1941 (Madras

~ c t WI 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 V^ll of 1948).

?This word'wassubstituted for the word "Matronw by d u 5(iv of the Tamil Nadu Nurses and Midwives (Amendment) Ad, ' ,('J!amil'~Nadtl Act-26 -of 1960). - , .. " . 3 - . . . . .

fl ~\m:woidr were mhtittifed for tha words 44 mts ' sum by section 2(i1) of the Madras Nunea and '"&M M waives '

(Amenbneot)sAct, 1934 (Madw Act VU[ of 1934): , * , . ,- -' I

' ' , ( .

" )T~M word and wt& bhttid by section 2 (i) (c),, CMb; ., I

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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 office for 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 c l l u ~ ? ( j ) w1s onitted and clauses (k) and (0

were relettered as clauses ( j ) and (k ) by section 2 (iii) of the M a c h

Nurses and Midwives (Amendment) Act, 1941 (Madras Act XVI of 1941). r ~ n a c t e d permanently 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).

8 The wor&9 "Provincial Governmmt" were substituted for tho words "Local 9overnment" by the Adaptation Order of 1937 and the word State " was substituted for "Provincial" by the

Adaptation Order of 1950.

4 These words were substituted for the word0 "The Surgeon-

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) :-

'a Provided that for a period of one year from the

m a t of thb Act, the two matrons referred to in claw Cf shall be m-tod by tho Surgeon-~-a1 and the nurse .Id)w w. wife referred Lo irr dam &) &bad be panlnatod by tho LooJ w m t @

' ~ f 0 ~ ~ o r d s a o d ~ ~ ~ o m / # e b b 9 wQ@# d m , Ibki.d,-

. r r * ~ r ~ ~ . a . . A ;Au&z:!" *-..- . ",.a_- &. LIU. , ; r> . , . , ..I.... . ...............

.. ,< "< 9,"

shall, subject to the provisions of section 7, be deemed

1926 : T.N. Ad III] ~ u r i e s and Midwives 21 1

(2) Any person aggrievcd by an order under sub-^{1 '1} section ( I ) may appeal to such authority and within^{I 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 a5 the State Govcrnrnent

may, by notification appoint.]

8. ( I ) '[Any nurse, inidwife, hadth visitor, suxi- ~ ~ ~ ~ ~ ~ l f : ~ ' ~ ' liary nurse-midwife o~ dhai] aggrieved by an order Tribunal. of the council under section 7 may, within threemonths from the date on which notice of such ordcr is given,

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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) Onc from n panel of not 1e\s than six persons of not less than t\ssl\~e years ' experience us a Magis-

trate or Civil J d g c nominated by the "State Govern- ment] ; - - --- --

a T h h expresbion was substittrtcd for t l ~ c expression " State of Madras " by the Tan111 N.idu A d a p t ; ~ l i o ~ ~ uf L;tws Order, 1969, as

amended by the Tamr! Nadu A?aptatron of Laws (Second Amend-

ment) Order, 1969, wh~ch chn~e rrlto force on the 14th January 1969. I Thtse words were substituted for the words " Any nurse. n~idwifa or dhai" by section 9 ( i ) of the T ~ m i l Nadu Nurses and Midwives(Amendment~ Act, 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 1

the word "State" was suhat~tuted for provincial^* by the Adapta- ^1.

tion Order of 1950. 1 ./

125-1 6 1 4 A t *

1 ?

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(b) One 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

the State 9. Any person aggrieved by the refusal of the Coun-

Government cil to approve any institution or person under any rule:

against

by relating to training made under this Act, may appeal the Council against the refusal to the "State Government] and the t o '[State Government] may give such directions as they training

institution think proper and the Council shall con~ply with the or pereon. directions so given.

Disabilities 10. ( I ) Except with thc speci:rl sanction of the . of unregistered J[Stat~ Governn~ent], no 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~l th visitor or auxiliary nurse-midwife] in any hospi- tal. dispensary, or infirmary 1101 supported entirely 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 o f 1060).

Thr: words "Provincial Govcrnment" were substituted for the words '2ocal Government" by the Adaptation Order of 1037 and the word "State" .was subrtitt~ted for "Provincial" by tho

Adnptation Order of 1950.

4 These words were substitut.d for the words " nurses o r Mid- wife" by sectiorll0 of the Tamil N ~ d u Nuhw and Midwives (Amendment) Apt, 1960 (Tamil Nadu Act 26 of 1960).

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* c * ' , ' :"w,:"< - ' - 7 - ' . . . * * ~ r a w f . , ; ,

$ & i 1926 : IIIJ durses and kithirda, 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

I '[Tamil Naduj Nurses and Midwives (Amendment) 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-

by vious publication, make rules to carry out all or any of state oovw

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

5-A ;3

(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 d Nadu Arlaptatios of Lawe (tjecond Amendment) Order, 1969. The words " Provincial ,~overnmcnt" were substituted for the words " Local Gaveryent by t* Adaptation Order zf 1937 and tho,word " State was substituted for " Proviwal by tho Adaptation Order of 1950.

* This c l a w was. iqscrted by section 11 (I) (a) of tbf, Tamil *Nadu Nurser and M~dwlves (Amendmat) Act, 1060 (Taral Nadu Act 26 of 1960). a (

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(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 i" procedure for restoration to the register of %[nurses, midwives, health visitors, auxiliary nurse-midwives and dhais] who have been removed therefrom;

( e ) regulating the selection of the panels and the constitution of the Tribunal specified in sub-section

(2) of section 8 and the proced~lre to be followed by the Tribunal^;

(f) prescribing the fees to be paid in respect of an appeal under this Act ;

(g) determining the manner in which all fees . levied under this Act and all moneys received by the Council shall be applied for the purposes of this Act.

'[(3) All rules made under this Act shall, as soon as possible 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.)

By-taw8 by

12. (1) The Council may make by-laws no t in-

the couuoil. consistent with this Act or any other law- (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];

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*.

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(d) for prescribing the rates of fees to be charged ^{I /} :i 1 for examinations prescribed for admission to the ^I .;! 1 register and for reautration ; ,

1 It'

( e ) for regulating the summoning of meetings :i,

of the Council and its proceedings ; and^/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 into force until it has been confirmed by the 'LState Gavernmentj with or uithout modification or amend- 1

3C12-,4. (1) Save as provided in this Act or the Probibitim rule> or by-laws made thereunder, no person shall ; L r u t h o

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~siorls of sub-

section (1) shall be punishable with ime wI~ic11 may 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 4 the word a State was substituted for *^'Prcrvinwal by the Adaptation Order of 1950.

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26 : T.N. Act M .V contz : vening is an association, every member of asso, *.tion who b w i n g i y and wilfully authorizes or I , rmits the contravention, shall be punishable with h e which may extend to Eve hundred rupees.') t .^{3 4,} Any person who-

Ped( for ^I t^r) dishonestly makes use of any certificate of

disho r j, ;ltion issued under the provisions of this Act

use $f certificate chxy: or to any other person,

for procuring 5) procures or attempts to procure registration

registration und- ~ h e p r o v i ~ i ~ n ~ ~ f t h i ~ A ~ t b y m a k i n g o r p t ~ - by false

means and duc * or causing to be made or produced any false

for falsifi- or i~dulent declaration, certificate or rcpresenta-

at ion 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 :CT or thc certificates issued under the provisions of I rtts Act,

shali be punishable with fine not exceeding two hull.

drec' .:nd fifly rupees.

Penalty for id. (1) Any person, who, not being a '[registered

posing a, nun2 or hc:\lth visitor] tnkcs or uses the name or titlr

registered ~f '[registered nurse or health visitor] or uses any

nurse, or n;LIne, title, description. uniform, badge or signboard,

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 s not such. I person ic; 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,

s , auxiliary nurse-midwife or dhai] or uses ally nalnc,

i

i 1 Thew words were substituted for the words "registcrcd nurse"

& by section 14 (i) of thf Tamil Nadu Nurses and Midwives (Amend. ment) Act, 1960 (Tam11 Nadu Act 26 of 1960). for the words "registered mid.

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$.N. ~ c t 1111 Nurses and NicI\viv~$ 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\;~ife or shall be punishable with fine not

exceeding fifty nipccs.

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,' ,

. -.--._ - --._I-CC-_ .. -

1 Thcsc words were substituted for the words *'registered 111lti wife or dhai" by swtion 14 ( i i ) of the Tamil Nadu Nurqes and Midwivrs (Anlrndn~ent) Act, 1960 (T~n~il Nadu Act 26 of 1960).

I

.-A--.__ _ - .-. .--*

16

554 N~trses and Midwives /I961 : T.N. Act 26

. .I ( ~ h < ~ d u ~ e n t ) . "

, '

>ii' : ' 4 I '[TAMIL NADU] 9: , ACT NO,. 26 OF 19602.

, . f 1 4 1

THE I[TAMIL NADU] NURSES AND MIDWIVES

(AMENDmNT) ACT, 1960.

[Fcce i v~d the assent of tlze President c n the Gtlz Dccarr br r

17

: + 1960 : T.N. Act 26J Nurses and M i h i v e s 555 (Amendment)

v& ?kdu J N m d rWrdw~vc~ Aa, Extensha d

Nadu ] A d El of 1926), as in force immediately l',"l%!5tp"

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 l m m i l 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-Cochin Act 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~nding law ; or

(c) any penalty, forfeiture or punishment incurred ? in respect of any offence committed against the correspon- ding1aw;or i;

7 a

T

t (d) any investigation, legal pro+ding or remedy 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 , -

1 This expression was substituted for, thel ex ression "Madrar a 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 ( b o n d Amendment) Jrdedcr,

1969.

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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~~terprctatioil of 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~lanat ion.-FOS the 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.

I This expression was substituted for the expression ''Madras

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1960: T.N. Act 261 Nurses a i ~ d Midwi ~ t ~ s 55 7 (Am endm en t )

(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.

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