('10 BE
PUBLISIED IN PART IVDELHI 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 Actof the
Legislative
Assembly received the assent ofthe President on4.3.1999 andis
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
mifiwives/funale health
unmet/female
health assistant] supervisors) and
matters connected therewith. \
"nu-r
,
a:
;
1
BE
it enacted
by
the
Legislative
Assembly
of the Na~ tional
Capital
Territory
of
Delhi
in the
Forty
eighth
Year of
the
Republic
of
India as
follows:
CHAPTER —
I
PREL
IMINARY
Short
title, 1.
(1) This Act
may
be calledextent and the Delhi
Nursing
Council
Act,commencement.
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;
2
(d) (f) (g) (h)
I
(l) (m)
"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;
"licensing authority" means an officer
authorised
by
the Government to
issue
licences under this
Act;
"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;
"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 an institution recognised in this behalf and
registered with the Council;
"prescribed" means
prescribed under the
rules;
"President" means
the Presi— dent of
the
Council;
3
Constitution and
incor- poration of the Council.
3.
(p)
"register" means a
register maintained under
section 15;
"registered" means
registered in
accordance with the
provi— sions of
section
13;
"registrar" means
Registrar appointed
under
section
10;
(q) "regulation" means a
regulation
(I)
made
by
the
Council under
this Act .
"rule" means a
rule made
by the
Government under
this
Act, by notification in the Offi— cial Gazette.
CHAPTER II
Delhi
Nursing
Council
(1) The
Government
shall,
as soon as
may be after the 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.
4
(d) The
Nursing' Advisor to the
Government of
India
— Ex—Officio. Three
Nursing Chief Officers of
the
hospitals in the
National
Capital Territory ofDelhi 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
5
(2)
(3)
Term
of 4.
(1)
Office.
(2)
f/K'"\\\ E m": 'J 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. 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 thename
aforesaid sue or be sued.
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. of
office of a member,
other than
ex—officio member,
shallbe
three years from the date of
nomination or until a
successor
has been duly nominated, whichever is earlier.
The term
tile
ex—officio
A
member
appointed
to Council
in his capacity
shall cease
to
hold 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
(4)
(7)
member
expires
or
until a successor
has been
duly
elect— ed.
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. 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
Meetings of
the Council.
(2)
(b) if the
Council decides at a
meeting by two~thirds majority of
the total membership thatthe 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.
The Council
shall meet
atleast once
in a
year and
may
also meet as
many times as
neces— sary ina
year
to
transact its business. 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
8
Quorum. 6. Vacancies in' 7. the
Council not
to
in- validate act, etc.
Executive 8. Committee. Other 9.
Committees. 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. 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. No act or
proceeding
of
the Council shall be
invalid
by
reason
of existence of a
vacancy
in the Council or
on
account
of
any defect or
irregularity
in its
constitu— tion.
The
Executive
Committee shall consist of
five members who
shall be
elected
by
the
Council
from amongst itsmembers
in the manner as
may be
prescribed. The
Council
may constitute sub< committees for such
purposes
as the Council
considers
necessary.
10
Staffing of10.
(1)
Council.
(6)
"trxu
FM
11
The
Council
shall,
with the 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. The accounts
of the
Council shall be
kept by
the Registrar, inthemanner
as prescribed
by regulations. The
Regist
Lax:
sha ll
have such supervisory powers over the staff as
may be
prescribed
by
Fees and Allowances for
meetings. Income and Expenditure of
the Council.
11.
The
President the
fees
prescribed
by (l)
(2)
regulations such
other and
may perform duties and
dis- charge such
other
functions as may 3e
specified in
this
Act,or as
may' be
prescribed.
byregulctions. The
Registrar shall be
deemedto
be a
public servant
withinthe
meaiing
of
section 21
of the
Indiin Penal Code. and
other
members of Council shall be
paid suchand
alltwances a:
vn;h_b; legfilatiéns. The
income of
the
Councilshall
consist of
— (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
bythe
Council. 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, midwives , auxi — liary nurse
midwives/female health
workers,
13.
(l)
12
Any pr*:on
who
fulfills academ
qualifications and training as
prescribed under the
regulations shall be registered, on
payment of
such fees as' prescribed, inthe
11
female health assistants/health supervisors. register
years.
for a
period of
five
(2) The
Council shall follow such procedure as
may
be
prescribed by regulationsl
(3) For
the
purpose of an
appealunder the
provision of
section 23, the
Council shall be deemed to
be a
court
withinthe
meaning
of
the
Indian Evidence Act, 1872 and
shall exercise all the powers of a Commissioner under the
Public Servants
(Inquiries) Act,1850:
Provided that
nothing
con— tained in
any
Act
shall prev—ent
the
Council from
holdingan
inquiry
or
hearing. Fee
for
14.
Any person
shall renew
his/her renewal of registration in the manner
pre-registration scribed
by regulations and on payment of
renewal
fees. Registers to 15.
(1) The
Registrar shall
maintain be
maintained. such
regiscers as
may
be prescribed.
(2) It
shall be the
duty
of
the Registrar to
make
entries inthe
register, from time to time, to
revise the same
andto
issue
certificates of registration in
accordancewith the
provisions of
this Act, and
the
rules made
there~under. Maintenance of 16.
(1) The
Council shall
keep
a
list list of
persons practising as nurse,auxiliary nurse
midwife, female
health worker,female
13
of
such persons eligible for under
section 13 practising as
nurs as
are not registration but who are es.
aIf person
who, not
being
12
