Bombay Nursing Council (Reconstitution and Reorganisation) Order, 1960.

The Bombay Nursing Council (Reconstitution and Reorganisation) Order, 1960.

Published vide Notification Gazette of India, 1960, Part 2 Section 3(i), p. 289 (w.e.f. 1st March, 1960).

MH329

G.S.R. 131, dated 1st February, 1960. - In exercise of the powers conferred by sub-section (1) of Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Government of the States of Bombay, Mysore, and Rajasthan, approves with certain modifications the scheme forwarded by the Government of Bombay, relating to the reconstitute on and reorganisation of the Bombay Nursing Council, a Corporation established under the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954), and functioning in parts of the States of Bombay, Mysore and Rajasthan, and for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following Order, namely:-

Short title.- (i) This Order may be called the Bombay Nursing Council (Reconstitution and Reorganisation) Order, 1960.

(ii) It shall come into force on the 15th day of February, 1960.

Definitions.- In this Order, unless the context otherwise requires,-

(a) "Abu area" means the Abu Road taluka of Banaskantha district transferred from the former State of Bombay to the new State of Rajasthan by virtue of the States Reorganisation Act, 1956 (37 of 1960);

(b) "Act" means the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954);

(d) "Bombay area" means the territories which immediately before the 1st day of November, 1956 were comprised in the State of Bombay, excluding the Abu area and the Karnataka area;

(e) "existing Council" means the Bombay Nursing Council deemed to be constituted under the Act and functioning and operating immediately before the appointed day in those areas of the States of Bombay, Mysore and Rajasthan to which the Act extends;

(f) "Karnataka area" means the Bijapur, Dharwar and Kanara districts, and the Belgaum district (except the Chandgad taluka) transferred from the former State of Bombay to the new State of Mysore by virtue of the States Reorganisation Act, 1956 (37 of 1956).

Reorganisation of the existing Council and creation of new Councils for Karnataka and Abu area as from the appointed day.- (a) The existing Council shall cease to function and operate in the Karnataka area and the Abu area and shall be deemed to have been established for the Bombay area; and

(b) A new Council shall be established for each of the Karnataka and Abu area:

Provided that in respect of the Karnataka area, the Government of Mysore and in respect of the Abu area, the Government of Rajasthan, shall, until the Council is duly constituted for the said areas under Section 3 of the Act, exercise the powers, perform the functions and discharge the duties of the existing Council and shall be deemed to be the Council constituted under the Act.

Register, list and recognition of Institutions to continue.- (1) The register and the list duly maintained or kept under the Act or deemed to be so maintained under Section 33 thereof, and in force immediately before the appointed day, shall on and from that day, be deemed to be the register and the list for each of the areas of the States of Bombay, Mysore and Rajasthan to which the Act extends; and accordingly the names of nurses, midwives and health visitors on such register and list shall, without further fee or charge, be continued thereon in the appropriate part and the region in which the person concerned desires to continue his registration or entry in the list for the period for which such registration or entry in the list was made, until duly amended or until the name is duly removed under the Act.

(2) Any institution which was approved and recognised or affiliated, or deemed to be approved and recognised or affiliated under the Act, and the approval and recognition or affiliation of which is in force immediately before the appointed day, shall, on the same terms and conditions, continue thereafter to be so approved and recognised or affiliated only by or to the Council reconstituted or constituted or deemed to be constituted for that part of the State of Bombay, Mysore or Rajasthan to which the Act extends and in which such institution is situated, until the approval or affiliation, as the case may be, is duly withdrawn.

Recovery of outstanding fees, contributions and other dues.- The right to recover fees, contributions and other moneys which immediately before the appointed day are due or payable to the existing Council, and on that day remain unpaid, shall continue to belong to the existing Council as reorganised.
Liability for expenditure from 1st November, 1956 to appointed day.- All expenditure incurred by the existing Council for the period commencing on the 1st day of November, 1956 and ending on the appointed day, shall be borne by the existing Council.
Provision relating to employees.- All officers and servants of the existing Council shall continue to be the officers and servants of the existing Council as reorganised.
Provision regarding provident fund of employees of affiliated institutions.- If any affiliated institution is situated in the Karnataka area or the Abu area, the amount of the provident fund standing to the credit of its employees on the appointed day and held by the existing Council shall be transferred by that Council to the new Council constituted for the Karnataka area or the Abu area, as the case may be.
Residuary provision.- Subject to the other provisions of this Order, any other assets or liabilities of the existing Council not expressly provided for shall continue to be the assets and liabilities of the existing Council as reorganised.
Legal proceedings.- Where immediately before the appointed day the existing Council is a party to any legal proceedings instituted in any Court in the State of Bombay, Mysore or Rajasthan, by or against any registered or other person, the relevant Council within whose area such registered or other person is ordinarily residing shall respectively be deemed to be substituted as a party to those proceedings, and the proceedings may continue accordingly.
Transfer of certain proceedings pending before existing Council.- Proceedings relating to any registered or other person which are pending immediately before the appointed day before the existing Council, shall on that day stand transferred to the relevant Council within whose area such registered or other person is ordinarily residing, for disposal according to law.
Adaptations and modifications in the Act.- As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature of the State, have effect subject to the provisions of, and the adaptations and modifications directed by, the Schedule hereto annexed.

Schedule

[See paragraph 12]

The Bombay Nurses, Midwives and Health Visitors Act, 1954

(Bombay 14 of 1954)

In Section 1,-

(i) for sub-section (2), the following shall be substituted, namely:-

"(2) It extends to the territories which, immediately before the 1st day of November, 1956, were comprised in the State of Bombay.";

(ii) in sub-section (3), the words "in the whole of the State of Bombay" shall be omitted.

in Clause (c) of Section 2, for the words "the Bombay Nursing Council" the words "a Nursing Council" shall be substituted.
After Section 2, the following section shall be inserted, namely:-

"2A. Construction of certain references in their application to parts of Mysore and Rajasthan States to which the Act extends. - In the application of the Act to that part of the State of Mysore or Rajasthan to which it extends, any reference therein, by whatever form of words,-

(1) to the State or the State Government shall be construed as a reference respectively to the State or the Government of Mysore or Rajasthan, as the case may be;

(2) the Bombay Medical Act, 1912 (Bombay 6 of 1912), the Bombay Medical Practitioners’ Act, 1938 (Bombay 6 of 1938) or the Bombay Homoeopathic Act, 1951 (Bombay 48 of 1951) shall be construed as a reference to the Corresponding Act, if any, in force in that part of the State of Mysore or Rajasthan, as the case may be, to which this Act extends."

For Section 3, the following section shall be substituted, namely:-

"3. Establishment, incorporation and constitution of Nursing Councils. -

(1) Each of the State Governments of Bombay, Mysore and Rajasthan may for the purpose of carrying out the provisions of this Act, by notification in the Official Gazette, establish a Council for the area of the State to which this Act extends. Such Council shall be known by the name of the Bombay Nursing Council, the Mysore Nursing Council or the Rajasthan Nursing Council, as the case may be, and it shall be a body corporate and have perpetual succession and a common seal and may, by the same name, sue or be sued.

(2) (A) The Council for the area of the State of Bombay to which this Act extends shall consist of the following members,-

(a) as ex officio members,-

(i) the Surgeon General with the Government of Bombay;

(ii) the Director of Public Health for the Government of Bombay;

(iii) the Superintendent of Nursing Services, Government of Bombay;

(b) as elected members,-

(i) one by nurses, midwives and health visitors registered in the register under each of the regions referred to in Section 12;

(ii) two persons to be elected by the heads of the affiliated institutions;

(iii) five persons to be elected as follows:-

(a) two, by the matrons of the affiliated institutions which have declared in the prescribed manner their principal office to be situated in Greater Bombay;

(b) three, by the matrons of the affiliated institutions which have declared in the prescribed manner their principal office to be situated elsewhere:

(iv) two persons to be elected by the sister tutors of the affiliated institutions and the heads of Nursing Colleges recognised by the Council in this behalf;

(v) one person to be elected by the Bombay Medical Council;

(vi) one person to be elected by the Co-ordination Committee (by whatever name called) of the local branches in the State of Bombay of the Indian Medical Association;

(vii) one person to be elected by the members of the Faculties of Nursing and, where there are no Faculties of Nursing, by the members of the Faculties of Medicine of the Universities established by law in the State of Bombay, which confer a degree in Nursing;

(B) The President and Vice-President of the Aforesaid Council shall be elected from among the members of the Council and the elections for the purpose shall, subject to the provisions of this Act, be held at such time, and in such manner as may be prescribed by rules made in this behalf.

(3) (A) The Council for the area of the State of Mysore and the State of Rajasthan, as the case may be, to which this Act extends shall consist of such number of members, with such qualifications, and appointed in such manner as may be prescribed in that behalf.

(B) One of the members shall be nominated by the State Government as the president of the Council and the State Government may, if it deems necessary, appoint any other member to be the Vice-President of the Council.

3A. Temporary provision in respect of Council.-Notwithstanding anything contained in this Act,

(1) the existing Council functioning and operating immediately before the date of commencement of the Order made by the Central Government in respect of this Act under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957), shall, as from that date, be deemed to be the Council established for the area of the State of Bombay to which this Act extends until a Council is in due course established for that area under Section 3 and upon the due constitution of a Council as aforesaid-

(a) the existing Council shall stand dissolved-

(b) all properties, funds and dues which are vested in, or realisable by, the existing Council shall vest in, and be realisable by, the Council so constituted;

(c) all liabilities which were enforceable against the existing Council shall be enforceable against the Council so constituted; and

(d) all officers and servants of the existing Council, shall continue to be the officers and servants of the new Council;

(2) in respect of the area in the State of Mysore to which this Act extends, the Government of Mysore, and in respect of the area in the State of Rajasthan to which this Act extends, the Government of Rajasthan, shall, until a Council is duly constituted for the said areas under Section 3, perform the functions, discharge the duties and exercise the powers of the Council under this Act."

In sub-section (1) of Section 5, the words, brackets, letter and figure "Clause (a) of sub-section (2) of" shall be omitted.
For Section 12, the following shall be substituted, namely:-

"12. Maintenance of Register. - (1) Each Council shall maintain a register of (a) nurses, (b) midwives, and (c) health visitors.

(2) The register shall consist of one or more sections, one for each of such regions comprising such areas, as the State Government may specify in this behalf.

(3) The register shall be in such form, contain such particulars and be divided into such parts, as may be prescribed."

After Section 17, the following section shall be inserted, namely:-

"17A. Temporary provision in respect of register. - All nurses, mid-wives and health visitors who, immediately before the date of commencement of the Order made by the Central Government in respect of this Act under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) were on the register or the list maintained or kept under this Act shall on and from that date without further fee or charge, continue to be on the register or the list, as the case may be, in each of the parts of the States of Bombay, Mysore and Rajasthan to which this Act extends and their names shall be continued on the register and the list for each such part in the region and under the appropriate part of the register or list in which the person concerned desires to continue his registration or entry in the list for the period for which such registration or entry in the list was made, until duly amended or until the name is duly removed from the register or list under the Act."

After Section 24, the following section shall be inserted, namely:-

"24A. Temporary provision in respect of institutions. - Any institution which was approved and recognised or affiliated, or deemed to be approved and recognised or affiliated under this Act, and the approval and recognition or affiliation of which is in force immediately before the date of commencement of the Order made by the Central Government in respect of this Act under Section 4 of the Inter-State Corporations Act, 1957 (Central Act 38 of 1957) shall on the same terms and conditions, continue thereafter to be approved and recognised or affiliated only by or to the Council which by that Order is reconstituted or deemed to be constituted for that part of the State of Bombay, Mysore or Rajasthan to which this Act extends and in which such institution is situate, until the approval and recognition or affiliation, as the case may be, is duly withdrawn."