The Punjab Nurses Registration Act, 1932

T — 1932 : * Pb. Act 1| PUNJAB NURSES REGIS- 907 TRATION TH. ' E PUNJAB NURSES REGISTRATION ACT, 1932. PUNJAB ACT I OF 1932. ARRANGEMENT OF SECTIONS. CHAPTER 1L PRELIMINARY. Sections. 1. Short title and commencement. 2. Definitions. CHAPTER IL CONSTITUTION OF COUNCIL, APPOINTMENT OF OFFICE- BEARERS AND THE MAKING OF REGULATIONS. Constitution of the Punjab Nurses Registration Council. Term of office of members. Cessation of membership. Removal of any member. Casual vacancies how to be filled. President and vice-president of the Council. Term of office of vice-president. 10. Appointment of registrar and other officers or servants. 11. Quorum. 12. Power to make regulations. 13. Vacancies and irregularities not to invalidate proceed- ings. C O ® a e CHAPTER IIL REGISTRATION OF NURSES, HEALTH VISITORS, MIDWIVES, NURSE-dais, TRAINED dais aND dais. 14. Registration of nurses, health visitors, midwives, nurse- dais, trained dais and dais. 15. Registers to be maintained. . 16. Annual lists of nurses, health visitors, midwives, nurse- dais and trained is. " 17. Power to prohibit unregistered person from practising 18. Power to make bye-laws. 19. Confirmation and publication of bye-laws. 20. Power of Government to make rules. Bar to suits in respect to acts done under this Act. red medical practitioners from pro- %% Exemption of registe: visions of this Act. 93, Penalty for dishonest use of certificate, etc. Penalty for unlawful assumption of title of registered nurse, health visitor, midwife, nurse-dai or trained iy 95. Bar to prosecutions under the Act. 1 Schedule. T ——— 1832 : Ph. Act 1] PUNJAB NURSES REGIS- 909 TRATION THE PUNJAB NURSES REGISTRATION ACT, 1932. PUNJAB ACT I OF 1932. [Received the assent of His Excellency the Governor on the 14th April, 1932, and that of His Excellency the Viceroy and Governor-General on the 21st May, 1932, and was first published in the Punjab Gazette, Extraordinary, of the Tth June, 1932.] Year | No. Short title Whether repealed or otherwise affected by legislation 1 2 3 | 4 The Punjab Nurses | Amended by Punjab Act VI of Registration Act, 1932 | 1936 . Amended by the Indian Indge;-l dence (Adaptation of B and Punjab Acts) Qrder, 1948 (G. G. Q. 40). Amended by the Adaptation of 50. Amended by the Adaptation of {.;swll (Third Amedment) Qrder, Amended by Punjab Act No. XVI of 1958°, Bxtend.d to the territories, Which immeaiately before the 1Ist November, 1956, Were com~ prised in the State of Patiala ann East Punjab States Unions, by Punjab Act 30 of 1958°. An Act to provide for the Tegistration and better training of Nurses, Health Visitors, Midwives and dais in 5[Punjab). WHEREAS it is expedient to provide for the registration {and holdidng of examinations] of nurses, health visitors, midwives and dais in °[Punjab] and to secure their better training, and whereas the previous sanction of the Gov- enrnor-General under section 80-A of the Government of IFor Statement of Objects and Reasons, see Punjab Gazette, 1931, Vv, es 56-7, for Report of the Select Committee, see Punjab Pert V, pag 2 Gazette,plo:iz. Part V, pages 3—6. For Proceedings in Council, see the Punjab Legislative C!ofiunc:l D‘e.}mtu. Volume XX, pages 59 and 174 ; , pag . Volu'!;:_ ot e,gent %glo\,j;cu ":id' Eea‘lor(\:s, see lthe Pu‘:ljull’r Gazette, 1936 1002 and for Proceedings in ouncil, see the Punjab Legisla- Part T, pagt Volume XXIX, pages 18288, . . tive Council Debates, Objects and Reasons, see Punjab Government or Stetement of .Fe, Extraordinary dated 4th November, 1952, pp. 1309-10; for eedings in Assembly, 8¢ p!‘DC‘FDr gtatement of Objects and Reasops, see Punjab Government ‘Extraordinary), 1958, page 1495. o T for the words “East Punjeb” by the Adaptation of [ ted Luwss‘(‘blmu ‘Amendment) Order, 19051, sInserted by Punjab Act No. XVT of 1053, section 2, see Punjab Legislative Assembly Debates 1953. Preamble. 910 PUNJAB NURSES REGIS- (1932 : Ph, g L TRATION India Act has been obtained ; It is hereby ‘enacted a5 fol. lows :— CHAPTER 1L PRELIMINARY. Short title, & 1. (1) This Act may be called the Punjab Nurgeg mencement, " Registration Act, 1932, (2) It extends to *Punjab. (3) It shall come into force on such date? as the ‘[State] Government may notify in this behalf, Definitions, 2. In this Act, unless there is anything repugnant i, the subject or context ;— (@) “Council” means the *[Punjab] Nurses Regis- tration Council established under section 3 ; (b) “dai” means any person whether following 5 hereditary occupation or not, who ordinarily practices midwifery for gain and who has not passed any of the examinations in midwifery recognized by the Council : ‘I(¢) “health visitor” means a person who has obtained the Health Visitor’s Certificate from any Health School, institution or examining body recognised in this behalf by the Council or one who has been registered under sub- section (2) of section 14; d) “midwife” means any person who has obtain- ed a certificate or diploma of midwifery from any institution or examining body recognised by the Council in this behalf or one who has been registered under sub-section (2) of sec- tion 14 ; (e) “nurse” means a person who holds a certk- ficate in nursing from any institution recog- raised in this behalf by the Council or one who has been registered under sub-section (2) of ___Section 14 ; y he words "Eegt Pr o ert e flsl:b;tgfigtgghio; Hfinggrg; ‘Eest Punjab” —which had been ins the Indian Independence (Adaptation : 1ogie") end Punjab Acts) Order, 1048 by the g hcnocice, Adepte!lier “It came into force on 2nd September, 1932, o "rs,ul%sszét ted for the word “Provineiey/ by the Adaptation of LaW® der, 1000, Clauses (c), (d), (e) and () substituted by Punjab Act No. ™ of 1953, section 3, ; 1932 : Pb. Act I.] PUNJAB NURSES REGIS- W TRATION (f) “auxiliary nurse and midwife” means a per- son who has passed an examination prescrib in this behalf by the Council ;] (9) “nurse-dai” means a trained dai who has pas- sed the examination in nursing prescribed by the Council for nurse-dais ; (h) “prescribed” means prescribed by this Act by rules, regulations or bye-laws made under the (i) “register” means a register maintained under. section 15 ; (4) “registered” means registered in accordance with the provisions of section 14 ; ' (k) “registered medical practitioner” means a per- son registered under the Punjab Medical Regis- tration Act, 1916 ; (1) “trained dai” means a dai who has been granted a training certificate under the bye-laws made by the Council, or one who has been registered in accordance with the provisions of clause (d) of sub-section (1) of isection 14 ; (m) “unregistered” means not registered in ac- cordance with the provisions of section 14. CHAPTER II CoNsTITUTION OF COUNCIL, APPOINTMENT OF OFFICE™ BEARERS AND THE MAKING OF REGULATIONS. 3. (1) There shall be established a ‘Council to be Constitution ot known as the Punjab Nurses Registration Council which ses Teesemeatin shall be a body corporate having perpetual succession and Council. a common seal and shall by the said name sue and be sued. 1[(2) The Council shall consist of the following mem- bers, namely :— (a) the Director of Health Services, Punjab ; (b) eight members to be appointed by the State Government from among the persons speci- fied in the Schedule, four of whom shall be “Sub-section (2), substituted by Punjab Act No. XVI of 1903, section 4(1). : 912 PUNJAB NURSES REGIS- [1932: Ph. Aey | TRATION ’ Nursing Superintendents of the hospitals train ing candidates for any of the eXaminationg conducted by the Council : 8 (¢) two registered nurses to be elected by the nurses registered under the Act ; (d) one registered health visitor to be elected b the health visitors registered under the Act}: (e) one registered midwife to be elected by the midwives registered under the Act: Provided that, should the registered nurses or the registered health visitors or the registered miq. wives fail after the occurrence of a vacancy to elect a member within such period as the State Government may by rule prescribe, the State Government may fill such vacancy by the ap- pointment of a registered nurse, registered health visitor or registered midwife, as the case may be.] (3) The appointment and election of members [* * * * L * * * L - * - ‘] sha]l be notified by the *[State] Government. * Jerm of office 4 (1) Except as otherwise provided in section 3 of members. and in this section the term of office of a member of the Council other than a member appointed by virtue of his office, shall be ?[five] years and shall commence from the date of publication of the notification of his election or ap- pointment— ‘[A member other than a member appointed by virtue of office when appointed in place of & member who has for any reason, vacated office earlier than his term, shall hold office for the remaining period of the term of the member in whose place he has been nominated or elected]. (2) The term of office of a member of the \coun(;l: appointed by virtue of his office shall continue so lon%) 4 he holds the office in virtue of which he is such a member: 1The words “other than those zi;;pointec}l by4vi(1i:;1e of their office’ itted by Punjab Act No. XVI of 1953, section . WS - 2Subs¥ituted for the word “Provincial” by the Adaptation of L# der, 1950, . “three”. ir e’SuBsst?tutgd by Punjab Act XVI of 1953, section 5, for “thre¢ ‘Added by ibid. 1932 : Pb. Act 1) PUNJAB NURSES REGIS- 913 TRATION (3) Notwithtsanding anything contained in this Act, an outgoing _member shall, unless the '[State] Government Othex_‘\vlse directs, continue in office until the election or appointment of his successor is notified. (4) An outgoing member may if otherwise qualified be re-elected or re-appointed. 5. A member of the Council shall be deemed to have mammerasip. vacated his seat— (@) if he submits his resignation in writing to the president of the Council ; (b) if he has. in the opinion of the Council without sufficient excuse, been absent from three conse- cutive meetings of the Council ; [(c) if he has been absent out of India for more than one year continuously ; (d) if in the case of member under clause (c), (d) or (e) of sub-section (2) of section 3, he ceases to be a registered nurse, a registered health visitor or a registered midwife, as the case may be ;] (e) if he refuses to act or becomes, in the opinion of the Council, incapable of acting, or has been declared a bankrupt or an insolvent or has been convicted of any such offence or subjected by a criminal court to any such order as implies, in the opinion of the Council, a defect of character, which unfits him to be a member. 6. Notwithstanding anything contained in this Act, Remvoal of any the [State] Government may, at any time, for any reason Mmber which it may deem to affect the public interests or at the request of a majority of a two-thirds of the members of the Council, by notification direct that the seat of any sgubstituted for the word “Provincial” by the Adaptetion of Laws Order, 1950. : sSubstituted by Punjab Act No. XVI of 1953, section 6, for clauses _ (e and (d), L — R ——— N 914 PUNJAB: NURSES: RRaIs- (1982 : Ph. Ay TRATION : specified member, whether elected or appointed 1+ shall be vacated on a date specified in the notificatio, such seat shall thereupon be vacated accordingly, . ’ N and Casual vacan- 7. (1) When the seat of an elected member beg hea ™™™ vacant under the provision of section 5 or by his deaty resignation or removal, a new member shall be elected i accordance with the provisions of this Act, (2) When the seat of an appointed member become vacant under the provision of section 5 or by his death resignation or removal, * * * 2 * the *[State] Government, * * *2 %+ « *, shall appoint another | member in his place. mdgd tan? 8. (1) ‘IThe Director of Health Services] *[Punjab] the Councit, | shall be the president of the Council. (2) There shall be a vice-president of the Council elected by name from among its members at meeting thereof. “'1::_ p:; &:::te ke e!)]. yg iz?s The term of office of a vice-prelsident shall be ~ (2) A vice-president may resign his office by notice in writing to the president, and on his resignation being accepted by the Council the office shall become vacant. (3) When the office of vice-president becomes vacant another member shall be elected vice-president for the remainder of the term of office of the vice-president in whose place he is elected or for the remainder of his term of office as member whichever is less. regisbear ey 10. The Council khall appoint a registrar who shall other officers oralso act as treasurer unless the Council appoints mfl%?;i; ks person as treasurer, and may appoint such other office’” — g T vl >’1§53‘ IThe words “by name” omitted by Punjab Act XVI of < be’ sectiglx'\he words “the Medical Council or” and “as the case msy - i ibid tion 8. La Om“'tgfib%m!o’.ed' for the word “Provincial” by the Adeptation of Order, 1950, o, for “the 4Substituted by Puniab ActiNn‘m ,XVI of 1953, section pur 1 of Civil Hospitals”, . et Punfab’_rwhich heabaen inserted. for the word, “the T80 jab” by the Indian Independence (Adaptation of “Bengal an . Acts. Order, 1948—4th Adaptation of Laws Order, 1850.10 for “three *Substituted by Punjab Act No. XVTI of 1953, section 10, 1932 : Pp; Ph: Act I.] PUNJAB NURSES REGIS- 915 TRATION g;:ffiae‘é“ fis it may’ deem necessary and every person sO office at fhs all, subject to the rules, be removable from e pleasure of the Council and shall he deemed to be a public servant withi Indian Penal Code. within the meaning of section 21 of the 11. The auorum necessary for the transaction of bugi- Quorum. ness at ‘a meeting of the Council shall be such number or . provnortion of the member of the Council as may, from time ;"v:h:fle, be fixed by the regulations but not be less than Provided that, if at any meeting of the Council a quorum is not present the president shall adjourn the meeting and the business which would have been brought - before the original meeting shall be brought before and transacted at the adjourned meeting whether there be a quorum present or not. 12. (1) The Council may make regulations consis- rf;:l"fio*:’ make tent with this Act and with the rules' made thereunder to } provide for all or any of the following matters, namely :— (a) the time and place of its meetings ; (b) the manner in which notice of a meeting shall be given ; (¢) the conduct of business at a meeting, the record of proceedings and the adjournment of meet- ings : (d) the quorum: necessary for the transaction of business at a meeting ; (e) the appointment and constitution of sub-com- mittees for any purpose relating to any matter with which the Council is empowered to deal and the co-option of persons specially qualified to advise on any particular matter ; (f) the payment of fee and travelling allowance to members for attendance at meetings of the Council ; (g) the custody of the common seal and the. pur- poses for which it shall be used ; 916 PUNJAB NURSES REGIS- [1932 : Ph, Acq y TRATION § (h) the persons by whom receiptis shall be granteq on behalf of the Council for money received under this Act ; (i) the appointment, duties, executive power, leave suspension and removal of its officers and ser. vants and the payment of salaries or allowanceg to such persons. (2) No regulation made under the provisions of sub- section (1) shall take effect until it has been confirmed by the *[State] Government and published in the 2[Official Gazette]. \’n,cancigs and ] . 13. No act or proceeding of the Council shall be jn- e date Valid by reason only of the existence of a vacancy in the proceedings. Council or on account of any defect or irregularity not affecting the merits of the case. CHAPTER III. REGISTRATION OF NURSES, HEALTH VISITORS, MIDWIVES, NURSE-dais, TRAINED dais AND dais. Registration of nitrges, esith 14. (1) Every person who complies with such condi- visitors, mia- tions and restrictions as may be prescribed by the Council wives, nurse-gpnd— ::;’ ;?? e dais (a) has undergone the necessary course of training or passed the examination, if any, prescribed for nurses, health visitors, midwives, nurse- dais *fauxiliary nurses and mid-wives], or train- ed dais, or (b) is registered as a nunise or midwife ‘[or health visitor] by any association which is recognised by the *[Council], or (c) is able to satisfy the Council that he ha's.an)" where in India undergone a course of training - or passed an examination, similar to the coursé of training and examination referred to I clause (a) and recognised by the 'TCour{‘Cm-, " iSubstituted for the word “Provincial” by the Adaptation of L&W* Order, 1950. Indls *Substituted for the word “Guzelte” by the Government of (Adante ion of Indian Laws) Order, 1987. * _*Inserted by Punjab Act No, XVI of 1053, section 11(a) (1) ‘Inserted by {bid, section 11(a) (). V- sSubstituted by ibid, section 11(a) (ii) for “Provincial (State) G ernment”. ‘ A 1932 : p b. Act 1] PUNJAB NURSES REGIS- 2y TRATION (d) ;S alreqdy employed or practising in Punjab hs :l daz,_ or is doing the same work as a nurse, ealth visitor, midwife, nurse-dai or trained dai, when this Act comes into force, may apply to the registrar to have his name registered : Provided that an applicati 1 pplication from a person who claims fx(;fl be r_eg{;tered_ under clause (d) shall not be entertained ess it is received within ![five years] from the date on which this Act comes into force. (2) (@) If the registrar is satisfied that any nurse, health visitor, midwife, nurse-dai, ?[auxiliary nurse and midwife], or trained dai applying under clause (a) and clause (b) of sub-section (1) is entitled to be registered he shall on payment of such fees as may be prescribed, enter the name of such nurse, health visitor, midwife, nurse-dai, *[auxiliary nurse and midwife] or trained dai in the pres- cribed register. (b) if the registrar is satisfied that any person applying under clause (c¢) or clause (d) of sub-section (1) is entitled to be registered as a nurse, health visitor, midwife, nurse- dai, *lauxiliary nurse and midwife], or trained dai, as the case may be, he shall lay the application before the Council with a recommendation that he be permitted to enter the name of such person in the prescrib- ed register, and shall not make any entry in the prescribed register in respect of such person until the entry is permit- ted by the Council to be made : Provided that— (i) the registrar on receiving an application under clause (a) or clause (b) of sub-section (1) from any person in respect of whom he considers that the Council may wish to exercise its powers of refusal under clause (ii) of this proviso may refer the said application to the Council or to any sub-committee appointed by the Council for that purpose and shall not make an entry in the register in respect of such person until the entry is permitted by the Council to be made ; “Ay 8" were aubsmfit;dfll-orr_t'}‘mv vw"d. “three “The words “AYe Mihe Act, VI of 1936, “Inserted by Punjsb Act No. XVI of 1053, section 11(b) (1). 918 PUNJAB NURSES REGIS- [1932 : P}, p l TRATION ot 1. (4i) the Council may refuse to permit the ye tion of any person who has been convieteq any such offence as implies in the opinion of the Council any defect of charactar sycp % would render him unfit for duty or who after an enquiry at which opportunity has, been given to such person to be heard in pergop or by pleader, has been held by the Counei] to have been guilty of any professional miscon. ductor[* * '™ *]mnot to possess satisfactory professional qualifications; *[(#ii) the Council may, at any time, issue a Warning to or direct the removal of the name of a regis- tered person for any of the reasons for which it could refuse to permit the registration of such person after an enquiry at which opportunity has been given to such person to be heard in person or by a counsel :] Provided further that an appeal may be preferred to the *[State] Government from an order of the Councll passed under ‘[* * * *] the first proviso to this sub-see- tion if such appeal is made within one month °[or such period as may be extended on sufficient cause shown for t}ot preferring the appeal within time from the date of receipt of the registered notice intimating that the Council has re- fused to permit the registration or has removed the name of such person]. (3) If the registrar is not satisfied that such nursé health ~visitor, midwife, nurse-dai, °lauxiliary nurse and midwife] trained dai or dai is -entitled to registered he shall reject the application, Pg vided that an appeal shall lie to the Council from such 7 i clause (¢) o ted by FU% jon 11(P) *The words “in the case of a person applying \u.ndsr clause (d) of sub-section (1) is held bg the Council”, omit! jab .Act No. XVI of 1953, section 11(b)(ii). - " 2New clause (iii) of the first Proviso, added by ibid, sec! (iii), L‘W‘ iSubstituted for the word “Provincial” by the Adeptation of Order, 1950. . ¢ 1055 “The words “clause (i) of”, omitted by Punjab Act Xvio section 11(b) (iv). *Substituted b{ ibid, 6Inserted by ibid, section 11(c). 1932 : Ph. Act L} punsas NURSES TRATION REGIS- 919 order i g o mg;tglirgeglsfirar if such appeal is preferred within A Tidfics addrex;l tde date of despatching by registered post Which the & sed to the applicant at the address from h th application was sent intimati application has been rejected. e s $4) For the : purpose of an enquiry under [* * * *] the first proviso to sub-section (2) or of Zny appeal under sub-section (3) the Council( sl)lall be Eegmed to be a court within the meaning of the Indian v1den_ce_ Act, 1872, and shall exercise all the powers of a Commissioner under the *Public Servants (Inquiries) Act, 1850, and such enquiry or appeal shall be conducted, so far as may be in accordance with the provisions of section 5 and sections 8 to 20 of the *Public Servants (Inquiries) Act, 1850 ; provided that nothing contained in any Act shall prevent the Council from holding an enquiry or hear- Ing any appeal in camera : Provided further that the Council may direct that any such enquiry or appeal hall be heared by a committee of the Council composed of such members of the Council as the Council may direct. 15. (1) The registrar shall maintain the following Registers to be registers— maintained, (a) a register showing the name and address of each registered nurse in *Punjab ; . (b).a register showing the name and address of each registered health visitor in *Punjab ; (c) a register showing the name and address of each registered midwife in *Punjab ; (d) a register showing the name and address of each registered nurse-dai in *Punjab; (e) aregister showing the name and address of each registered trained dai in *Punjab; 1The words “clause (ii) of”, omitted by Punjab Act XVI of 1953, ‘ec“%r;enércx‘r)épealed Central Acts, Volume I sSubstituted by Adaptation of Laws Order, 1950, for “East Punjab.” . | 920 PUNJAB NURSES REGIS- (1932 : py, Act TRATION . '[(f) a register showing the name and addresg o .each registered auxiliary nurse and midwifg Punjabl. o (2) The registrar shall kgep the registers in accord. ance with the provisions of this Act and of any rules o, bye-laws made thereunder and shall from time to time make all necessary alterations in the names and addresges of such nurses, health visitors, midwives, nmsg.dai's *[auxiliary nurse and midwives], or trained daj and re. move the name of any 'such person who is dead. (3) To enable the registrar to fullfil the duties im. posed upon him by sub-sections (1) and (2) he may senqd through the post a registered letter to any person register. ed as a nurse, health visitor, midwife, nurse-dai, 3Iauxiliary nurse and midwifel, or trained dai, addressed according to his registered address for the purpose of enquiring whether he has ceased to practise or whether his residence or address has been changed, and if no answer to any such letter is received within a period of six months from its despatch the regis‘rar may remove the name of such person from the prescribed register: “[Provided that any name removed under this Act may, on representation made in this behalf, be re-entered in the register, subject to such con- ditions and payment of fees as may be specified In the direction of the Council, or the apvel- late authority, if an appeal was preferred against the order of removall. (4) Any entry in the registers which is proved o the satisfaction of the Couneil to have been fraudulenfiy or incorrectly made shall he removed or corrected in pur* suance of a resolution of the Council. e, "hean . 16. (1) The registrar shall 5+ * ** *] on or be itors: mid- fore a date to he fixed in this behalf by the Council, oaus® wives, nurse-disto he printed and published correct lists of the names fof and trained dais.gp o 45 heing entered in the registers setting forth— (a) the names entered in the respective registers arranged in alphabetical order ; 12mwwe'w cleuse” () added by Punjab Act No, XVI of 1953, Tnserted by ibid, section 12(ii), ‘Inserted by ibid, section 12(iii), 4Cubstituled by ibid, section 12(ii). ‘The words “in every year” omitted by ibid, section 13. e _ section 1932 : Pb. Act I.] PUNJAB NURSES REGIS- 921 TRATION (b) the registered address of each person whose name is entered in the register ; and (c) the registered qualification of each such per- son and the date on which such qualification was certified. (2) Every Court shall presume that any person whose name is entered in the latest of such lists is duly registered under this Act, and that any person whose name is not so entered is not registered under this Act : Provided that in the case of any person whose name does not appear in such lists, a certified copy signed by the registrar, of the entry of the name of such person in the re- gisters shall be conclusive evidence that such person is re- gistered under this Act : Provided further that a certificate purporting to be signed by the registrar stating that the name of a person has been removed from such register and specifying the date of such removal shall be conclusive proof of the fact and date of such removal. 17. (1) Any local authority may make bye-laws pro- Power to pro- hibiting unregistered persons from practising as nurses, mipe nrepaer health visitors, ~midwives, nurse-dais, *lauxiliary pr:;is;n; nurses and midwives], trained dais or dais within. the -~ area subject to its authority and may in such bye- laws provide that any person practising in contravention of such bye-laws or any persor committing or abetting the f a breach of any such bye-laws shall be liable on conviction by a Magistrate of the first class, to a fine not exceeding fifty ruvees for a first offence, or to a fine not exceeding two hundred and fifty rupees for a second or subsequent offence. commitment o (2) Ifany local authority fails to make bye-laws under section (1), the 1[State] Government may by notifica- sub bit unregistered persons from practising as nurses, tion prohi Punjab Act XVI of 953, section 14, 1Inserted b p 'Sgbstitute for the word “Provincizl” by the Adaptation of Laws Order, 1950. 9 922 PUNJAB NURSES REGIS- [1932 . Ph. Act | TRATION ' health visitors, midwives, nurse-daig ’[auxilia | nurses and midwives], trained dais or dais With? the area subject to such local authority, and any m: registered person practising in contravention of such not; fication shall be liable, on conviction C by a Magistrate of th; first class, to a fine not exceeding fifty rupees for 5 first offence, or to a fine not exceeding two hundre d and fifty rupees for a second or subsequent offence, *[(3) Notwithstanding anything to the contrary ; any enactment, rule, by-law or other provision of the time being in force, no person other than a registered nurse, a registered health visitor, a registered midwife, 5 registered nurse-dai, a registered auxiliary nurse and mid- wife, a registered trained dai or daj shall be competent to hold any appointment or be employed as such in any hospital, asylum, infirmary, dispensary, lying-in-hospital, nursing home, maternity home, health centre or other such institution, private or public, whether supported by voluntary contributions or not]. law for Power to make 18 The Council may, after previous publication, make bye-laws. bye-laws— (a) to prescribe the courses of training of, and quali- fications for the registration of nurses, health visitors, midwives, nurse-dais, *[auxiliary nurses and midwives], or trained dais ; and to provide for the recognition of institutions competent to give such training ; (b) to regulate the issue of certificates, the main- ) tenance of registers and the conditions of admis: sion: of names of persons to such registers a:h to prescribe the form of application for Sum admission and the uniform or badge to be wgis- by registered nurses, registered midwives, re;_es tered nurse-dais, '[registered auxiliary nurs 2 ; ile and midwives], registered trained dais Wh on duty ; ‘Inserted by Punjab Act No, XVI of 1953, section 14. ‘Added by ibid, ‘Inserted by ibid, section 16, 1932 : 32 : Ph. Act L) PUNJAB NURsES REGIS- B TRATION (c) to prescribe the fees for registration and the re- entry of names removed from the registers ; (d) to regulate the publication of lists of registered nurses, registered health visitors, registered midwives, registered nurse-dais, ![registered auxiliary nurses and midwives], or registered trained dais; *I(e) to regulate the conduct of and prescribe fees for examination of nurses, health visitors, mid- wives, nurse-dais, auxiliary nurses and mid- wives and trained dais ; (f) to confer, grant or issue diplomas, licences, certi- ficates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practise or otherwise work as nurse, midwife, auxiliary nurse and midwife, health visitor, nurse-dai or trained dai ; (g) to prescribe fees for the affiliation of institutions recognised as training schools for nurses, mid- wives, nurse-dais, auxiliary numses and mid- nurse dai or trained dai ; (h) to prescribe the scale of fees, remuneration and travelling allowance to Examiners, Supervisors, Invigilators and other pensons appointed by the Council for the conduct of examinations ; (i) to prescribe the prices of publications of the Council ; 3 (j) to regulate the conduct of registered persons.] 19. (1) No bye-law made under *[sections 17 and 18] Confirmation shall come into force until six weeks after it has been con- 2;‘dhy?;‘;§’3;§°"°" firmed by the ‘(State] Government and published in the *[Official Gazettel. 1Inserted by Punjab Act XVI of 1953. section 15, 2New clauses (e), (), (g), (h), (i) and (j) added by ibid. *The words and figures “sections 17 end 18" were substituted for the words and figures “sections 16 and 17" by Punjab Act, VI of 1936, tion 30, eed %ubstituted for the word “Provincial” by the Adaptation of Laws Order, 1950. bstituted for the word “Gezette” by the Governm (Adlusp‘:atlon of Indian Lews) Order, 1037. ent of Indle 924 PUNJAB NURSES REGIS- [1932 : Ph, At 1 TRATION (2) The '[State] Government may cancel its confirma. tion of any such bye-law and thereupon the bye-law shall cease to have effect. Fower. o8 oy 20. (1) The '[State] Government may, after Previoys - ol epublication, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the gene. rality of the foregoing power, the '[State] Governmen; may make rules— (a) to regulate elections under section 3 ; (b) to prescribe the form of the registers to be main. tained under section 15 ; (¢) to regulate and restrict within due limits the practice of registered nurses, registered health visitors. registered midwives, registered nurse- dais, *[registered auxiliary nurses and mid- wives] or registered trained dais : (d) to regulate the procedure to be followed by the Council— i (1) in making a re-entry in the registers of the names of persons removed from such regis- ters, and in withdrawing an order of sus- pension of practice passed on a registered nurse, registered health visitor, registered midwife, registered nurse-dai or registered trained dai ; and (i) in disposing of appeals from the decisions of the registrar made under section 14 ; and (iit). in regulating the application of fees 1evi_ed under this Act and of other moneys receiv- ch 1zoy the Council for the purposes of this (e) to regulate the expenditure of the Council and to provide for Lo the audit of its accounts. e —r— "Substit, - mw}ltec} h_);? fl‘\e_' word “Provincial” by the Adaptation-of LaW* ‘ ‘Inserted by Punjab Act No, XVI.of 1953, section 18, 1932 ; Pb. Act. L} PUNJAB NURsES REGIS- 925 21. No act TRATION done in the exercise of any power confer- red by this Act on the '[State] Government or the Council or the registrar, shall be questioned in any civil court. 22. Nothing in this Act s} i e cal Practitioners.g Sl apply horwlatirell 1084 23. Any person who— (a) (®) (c) dishonestly makes use of any certificate of re- Bar to suits In regpect of actd done under thig Act. Fixemption of registered medi- ca% practitioners from provisions of this Act. Penalty for dis- honest use of certificate, etc. gistration issued under the provisions of this . Act to him or to any other person, or procures or attempts to procure registration under the provisions of this Act by making or producting or causing to be made or produced any false or fraudulent declaration, certificate or representation whether in writing or other- wise, or wilfully makes or causes to be made any falsi- fication in any matter relating to the registers maintained or the certificates issued under the provisions of this Act, ‘shall on conviction by a Magistrate of the first' class, be punishable with fine which may extend to three hundred rupees. 2[24. Any person who, not being a registered nurse, penaity for un- or a registered h registered nurse-dai, or a registered auxiliary nurse and midwile, or a regis name or title of a registered nurse or a nurse, a registered health visitor or a health visitor, a registered midwife or a ga, midwife, a registered auxiliary nurse and midwife, or an auxiliary nurse and midwife, a registered trained dai or a 1Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. tion 11. 2Gubstituted for the old section, by Punjab Act No. XVI of 1953, sec- ealth visitor, or a registered midwife, or alawful assump- tion of title of re- gistered nurse, tered trained dai, assumes or uses the health visitor, midwife, nurse- dal or trained 926 PUNJAB NURSES REGIS- (1932 : py, Act | TRATION : trained dai, as the case may be, Or uses any name, title, aq. dition, description or signboard implying that such pe; n T30n is registered, or in any manner regulates the conduct, o examinations or confers or grants diplomas or certificateg except as provided in this Act or the rules or by-laws made thereunder, shall, on conviction by a Magistrate of the firgt class be liable to a fine not exceeding two hundred and fifty rupees in. the case of a first offence a nd for a seconq or any subsequent offence, to a fine not exceeding five hundreq Tupees or imprisonment of either description for six monthg or both.] Sar o prose- 25 (1) No court shall take cognizance of any offence Sapons under the b nichable under this Act except on complaint made with ) the previous sanction of the Council. '1(2) A complaint under this section shall be lodged by the Registrar i n the court of competent jurisdiction with. in the district in which the Office of the Council is located. (3) The State Government may, from time to time, by notification, add to, amend, vary or rescind an entry in the Schedule.] ‘[THE SCHEDULE] (Section 3.) (1) The Medica] Superintend=nt, V. J. Hospital. Amritsar, (2) The Medical Superintendent, Government Hospital for Women and Children, (3) The Nursing Superintendent, V., J. Hospital, Amritsar. (4) The Medical Superintendent, Memorial Hospitsl, Ludhiana, (5) The Nursin dhiana, g L Superintendent, Memorial Hospital, uf lml(fi) The Nursing Superintendent, Lady Reading Hospital a. (7) The Nursing Superintendent, Francis Newton Hospitah Ferozepur, (8) The Nursing Superintendent, Civil Hospital, "““unfm;‘. (9) The Medical Superintendent, Philadelphia Hospitah Ambala, 'Sectiof (3) added 1932 : Pb. Act 1) PUNJAB NURSES REGIS- 927" TRATION (10) The N Ambala, ¢ Nursing Superintendent, Philadelphia Hospital, (11) The Nursing Superintendent, St. Mary Hospital, Tarn Taran, ) (12) The Honorary Secretary, Trained Nurses Association, Punjab, (13) The Principal, Punjab Health School. (14) The Principal, Christian Medical College, Ludhiana. (15) The Medical Superintendent, Dayanand Hospital, Ludhiana. (16) The Nursing Superintendent, Mac-Robert Hospital, Dhariwal. (17) Two persons having experience of nursing education and administration.