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Nurses Registration Rules, 1936

Nurses Registration Rules, 1936

Published vide Punjab Government Medical Department, Notification No. 2806-M-25/6121, dated 22.2.1936

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Rules framed under Section 20 of the Punjab Nurses Registration Act, 1932

Election of Members and of Vice-President (vide section 20(2)(a) of the Act

Part I

  1. Definitions.– (a) “roll” means the roll of persons entitled to vote at an election under these rules.

(b) “the Act” means the Punjab Nurses Registration Act, 1932.

(c) “the Council” means the Punjab Nurses Registration Council.

(d) “the President” means the President of the Punjab Nurses Registration Council.

(e) “the Registrar” means the Registrar of the Punjab Nurses Registration Council.

[1A. Procedure to be observed for holding election for seats of members under clauses (c), (d) and (e) of sub-section (2) of Section 3. – (1) An election for the seats of members to the Council under clauses (c), (d) and (e) of sub- section (2) of Section 3 of the Act, shall be held on such date as the Returning Officer, to be appointed by the State Government in this behalf, may determine and notice of the date so determined shall be published in the Haryana Government Gazette not less than six weeks before such date and shall also simultaneously be posted at the office of the Council and a copy of such notice shall be sent to every person whose name is entered on the roll concerned.

(2) The procedure contained in rules 6, 7 and 8 for filling vacancies on the Council shall also apply for the purpose of filling the seats referred to in sub-rule (1)]

  1. Appointment of members of the Punjab Nurses Registration Council.– The Registrar shall maintain a list in Form I appended to these Rules, containing the names of members elected on the Punjab Nurses Registration Council, the electorates they represent, the date of election of each such member, the term of his office and date of retirement, resignation, death or removal of each such member. The list shall also contain similar particulars in regard to the members nominated by Government. The Registrar shall keep the list always up to date so that it may show at a glance when the election or nomination, as the case may be, has to be made.
  2. Ninety days before the expiration of the term of office of any member appointed on the Council, the Registrar shall make a report in writing regarding the vacancy of the President, if vacancy be in respect of an elected member and to Government through the President if the vacancy is to be in respect of a nominated member.
  3. If a vacancy occurs in the office of a member of the Council previous to the expiry of his term of office through resignation, death, removal or disability of such member or otherwise, the Register shall make a report in writing regarding the vacancy to the President if the vacancy be in respect of an elected member and to Government through the President in case the vacancy be in respect of nominated member.
  4. Procedure to be observed for filling vacancies on the Punjab Nurses Registration Council.– A vacancy occurring in any manner whatsoever in relation to an elected member shall be filled by election in the manner hereinafter provided.

The State Government shall appoint any person as a Returning Officer –

(i) in the case of a vacancy to arise as a result of the expiry of the term of any member, not later than 60 days, before the expiry of such term, and

(ii) in the case of vacancy occurring as a result of death, resignation or removal as soon after such death, resignation or removal as may be convenient;

and issue a notification in the Official Gazette of the coming election, for the information of the electorate and requiring the election of the member by a date specified therein.

  1. The following procedure shall be adopted for the filling of vacancies by election:-

(1) The Electoral Roll for the members to be elected under section 3(2)(c) of the Act shall be prepared from the Register of Nurses registered under the Act the Electoral Roll for the member to be elected under section 3(2)(d) of the Act shall be prepared from the Register of Health Visitors registered under the Act, and the electoral Roll for the member to be elected under section 3(2)(e) of the Act shall be prepared from the Register of Midwives registered under the Act. The electoral Rolls shall be prepared by the Registrar in form II appended to these rules.

(2) Candidates qualified for being elected shall be proposed and seconded by persons qualified as electors in Form III appended to these rules. No elector shall propose or second the nomination of more persons than are required to fill up the vacancy or vacancies. If more nominations than are required to fill up the vacancy or vacancies be subscribed by the same elector all nominations subscribed by him shall be held to be void.

(3) The candidate shall sign the nomination paper declaring that he is willing to serve on the Council, if elected. In the absence of such a declaration the nomination shall be treated as invalid.

(4) Every proposal for nomination shall be in writing, and shall be signed by the proposer and seconder, and sent by registered post or delivered personally to the Returning Officer so as to reach him not less than twenty-eight days before such date as may be notified in this behalf.

(5) Any candidate shall be at liberty to withdraw his candidature within seven days from the last date fixed for the receipt of nomination paper.

(6) If in case of any election the number of candidates duly nominated does not exceed the number required to fill up the vacancy or vacancies, the Returning Officer shall forthwith declare all such candidates to be elected.

(7) If in case of any such election more candidates than are necessary to fill up the vacancy or vacancies are nominated, the Returning Officer, after scrutiny of the nomination papers, shall forthwith publish their names and addresses in the Punjab Government Gazette and shall further cause their names to be entered in ballot paper in Form appended to these rules.

(8) Twenty-one days before such date, as may be appointed by Returning Officer in this behalf, the Returning Officer shall send by post and under certificate of posting to each elector a ballot paper in Form IV appended to these rules, signed by the Returning Officer.

(9) Before such date, as may be appointed by the Returning Officer in this behalf, every elector, desirous of voting, shall send by registered post his ballot paper to the Returning Officer after recording his vote or votes and affixing his signature thereon in the manner prescribed therein :

Provided that any ballot paper which is not received by the Returning Officer before 12 noon on the date preceding the date fixed for the counting of votes or which does not in any way conform to these rules shall be rejected.

(10) The Returning Officer shall attend for the purpose of counting the votes on such date and at such time and place as may be appointed by the President in this behalf. Any candidate may also be present either in person or an accredited representative at the counting of votes.

(11) When the counting of votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates as the case may be to whom the largest number of votes has been given to be elected, and shall forthwith inform the successful candidates by letter of their having been elected to the Council.

(12) When an equality of votes is found to exist between any candidates and the addition of the vote will entitle any one or more of the candidates to be declared elected, the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lot, to be drawn by the Returning Officer in the presence of the candidates or their representatives who may be present at the time of the counting of votes.

(13) Upon the completion of the counting and after the result has been declared by him, the Returning Officer shall seal the voting paper and all documents relating to the Election and shall retain the same with himself for a period of six months and thereafter cause them to be destroyed.

(14) The Returning Officer shall notify in the Punjab Government Gazette and in such other manner as the Council may deem fit, the date, time and place fixed for each of the following proceedings :-

(i) the date fixed for the receipt of nomination paper;

(ii) the date fixed for the withdrawal of the nomination;

(iii) the date fixed for the issue of the voting papers by the Returning Officer;

(iv) the date fixed for the receipt of the ballot papers by the Returning Officer;

(v) the date fixed for the counting of the ballot papers.

  1. The State Government may, of its own motion, or on an objection made before it, declare any election that has been held to be void on account of corrupt practice or any sufficient cause and may call upon the electorate to make a fresh election. The decision of the State Government under this rule shall be final.
  2. If any question arises as to the intention, construction or application of any of these rules, which in the opinion of the Returning Officer should be referred to the State Government, the Returning Officer shall refer such question to the State Government whose decision thereon shall be final.

[8A. Publication of notice of election. – After the declaration of the election of the members under rule 1A, the Returning Officer shall publish the result of the election in the Haryana Government Gazette and send a copy thereof to the State Government.]

  1. After the declaration of the election of any member, and when the President himself is not the Returning Officer, after the receipt by him of notice of such election from the Returning Officer, the President shall publish the notice of the election in the Official Gazette, and send a copy to the State Government.

Election of the Vice-President (vide Section 9 of the Act)

[10. Election of Vice-President. – (1) No election of a Vice-President of the Council shall be held at a meeting unless not less than fourteen days notice of the holding of such meeting has been given to all members of the Council by delivery at their ordinary place of residence of a notice, which shall specify that such election is to take place at the meeting in question.]

(1) A candidate for election to the office of Vice-President shall be nominated by a proposer and a seconder who shall be members of the Council present at the meeting.

(2) The person elected shall assume office from the date of election.

  1. Ballot to be taken.– Voting for the office of Vice-President shall be by ballot, and if only one candidate for the office is proposed, the members present shall be required to vote by writing “Yes” or “No” on the ballot paper, and if a majority of votes is not in the affirmative, the election shall be postponed to the next meeting of the Council when a further ballot shall be taken in respect of such candidates as may then be proposed and the Chairman of the meeting shall not have a casting vote.
  2. Method of electing Vice-President.– When the office of Vice-President of the Council has to be filled :

(a) if one candidate obtains more votes, than any other, then such candidate shall be deemed to be elected;

(b) if two or more candidates obtain an equal number of votes, the Chairman of the meeting shall decide between the candidates by drawing lots in the presence of all the members of the Council who may attend, after due notice to be present for the purpose.]

Part II

The Form of the Registers (vide Section 24(2)(b) of the Act)

Separate registers for nurses, health visitors, midwives, nurse-dais and trained dais shall be maintained in Form VI appended to these rules.

Part III

Rules regulating the restoration of name to a Register vide Section 20(2)(b)(i) of the Act

  1. When the name of a registered person has been removed from the register, an application for the restoration of the name of such person shall be made in writing addressed to the Registrar and shall be signed by the applicant stating the grounds on which the application is made.

(b) The application shall contain the names and addresses of two or more persons of whom two shall be magistrates or registered medical practitioners or persons registered under the Act, able and willing to identify the applicant and to give evidence in respect of his character and the nature of his employment both before and since the date of the removal of his name from the register as well as such other information as may be required.

(c) The Council may require the applicant to verify by an affidavit or declaration on oath before a magistrate any such statement made in his application, or any further statement which it thinks fit and may further require the applicant to attend in or at a meeting of the Council at which the matter is to be considered.

(d) If upon consideration of the application and of the evidence furnished in support thereof, the Council is satisfied that the name of the applicant should be restored to the register, it may direct the Registrar accordingly and upon payment by the applicant of the prescribed fee his name shall be restored to the register and a new certificate if the original had been cancelled together with a badge, if any, shall be issued to him.

Part IV

Rules for keeping accounts of the Punjab Nurses Registration Council (vide Section 20(2)(e) of the Act)

  1. In the month of November each year, an estimate of the income and expenditure of the Council for the next calendar year shall be laid before the Council.
  2. Such estimate shall make provision for the fulfilment of the liabilities of the Council and for effectually carrying out its objects.
  3. The Council shall consider the estimates so submitted to it and shall sanction the same either unaltered or subject to such alteration as shall be deemed fit.
  4. The Council may at any time during the year for which any estimate has been sanctioned cause a supplementary or revised estimate to be prepared and submitted to it. Every supplementary or revised estimate so submitted shall be considered and sanctioned by the Council in the same manner as it were an original annual estimate. No expenditure shall be incurred by the Council which is not duly provided for in the budget or in a supplementary or revised estimate.
  5. The Registrar shall, by the 15th of January each year, prepare a statement of income and expenditure of the preceding calendar year ending 31st December and draw the attention of the Council to such matters as seem deserving of notice.
  6. A bill or other vouchers presented as a claim for money shall be received and examined by the Registrar. If the claim be for a sum not exceeding Rs. 10, and the bill be in order, he shall pay it. If the claim be for a sum exceeding Rs. 10 payment shall not be made until it has been passed by the President.
  7. All cheques on the Bank shall be signed by the President and the Registrar.
  8. The Registrar shall maintain a general cash book and shall therein enter all sums received or spent by him or by order of the President immediately after receipt or payment. All drafts and cheques shall be signed by the President and the Registrar. All moneys payable to the Council shall be received by the Registrar who shall remit same to the State Bank of India, where an account shall be opened in the name of the Council.
  9. The accounts of the Council shall, if possible, be audited by the Local Audit Department once in each year.

Part V

Rules for the Disposal of Appeals under Section 14 [vide Section 20(2)(d)(ii) of the Act]

  1. An appeal to the Council from the decision of the Registrar to register any title or qualification of any person on the register of registered practitioners, shall be in writing and shall state the title or the qualification, the grounds on which registration is claimed, and the date on which, and the authority from whom, the title or qualification was received.
  2. On receipt of such an appeal, it shall be referred to a Committee of the Council for consideration and report.
  3. The Committee shall have the power to call for the original diploma, licence or certificate from the appellant for inspection and also such other documentary or oral evidence as may be considered necessary.
  4. At the conclusion of its inquiry the Committee shall make a report to the Council embodying such recommendations as it shall think fit, with reasons for such recommendations.
  5. The appeal, the Committee’s report and all other documents in connection with the case shall be laid before the Council at their next meeting.
  6. The date on which the appeal is to be taken up by the Council shall be notified to the appellant. The appellant shall be allowed, if he so chooses, to represent his case before the Council either by himself or by his legal representative.
  7. Every appeal to the local Government preferred under section 14 of the Act shall be addressed direct to the Secretary to the Government, Punjab Transferred Departments, and shall be accompanied by all the papers in print, which the appellant considers material to his case.

Appendix

From No. 1-A (vide Rule 2)

Register showing the particulars of the Members of the Council

1 2 3 4 5 6 7
Name Address Whether nominated or elected Tenure Date of commencement of tenure Date on which the term is to expire in the ordinary course If the appointment terminates before the due date mentioned in column 6 then the date and reason of earlier termination

Appendix

Form II [vide Rule 6(1)]

Electoral Roll

Punjab Nurses Registration Council

1 2 3 4 5 6
Serial No. Name Qualification and dates thereof Address or appointment Date of registration Serial No. as in the Register of the Registered Nurses, Midwives and Health Visitors

Appendix

[Form No. III (vide Rule 6(2)]

Nomination Paper

Serial No. ________________ Serial No. ________________
Nomination paper ______________ Name of candidate ______________
Qualifications and dates thereof ______
Counterfoil ________________ Address or appointment ____________
Name & address of the candidate _____ Date of registration and registration number __________________
Serial No. of electoral roll ________ Serial number of the candidate on the electoral roll_________________
Signature of proposer _____________
Date of despatch ________________ Number of the seconder __________
Initial of despatching officer _______
Serial number of the seconder on the electoral roll ______________
Signature of the seconder __________
DECLARATION BY CANDIDATE
I hereby declare that I agree to this nomination.
Date___Signature of the candidate__ ___

Note. – This nomination paper will not be valid unless it is delivered to the President or any other person appointed by him to receive it at his office between the hours of eleven o’clock of the forenoon and three o’clock of the afternoon on or before _________________________ 19 ________

(To be filled in by the President or other person appointed)

Certificate of Delivery

Serial No. _________________________

The nomination paper was delivered to me at my office at (date and hour).

Date _________________________

Signature of the President or other
person appointed ____________

Certificate of Scrutiny

I have scrutinised the eligibility of the candidate, the proposer and seconder, and find that they are respectively, qualified to stand for election, to propose and to second the nomination, and I, therefore, accept the nomination.

Or

I have scrutinised this nomination and reject it for the following reasons :-

Date _________________________

Signature of officer scrutinising
the nomination ____________

Appendix

[Form No. IV [vide Rule 6(8)]

Form of front of Ballot Paper

Counterfoil Outerfoil Front

Number

Number on the roll of the elector to whom it is sent

Date of despatch

Initials of Despatching Officer

Note. – On the back of the ballot paper the number on the roll of the elector to whom it is sent should be noted.

Serial No. ______________

The above ballot paper should accompany the covering letter as under :-

(1) Your electoral number is ________________________

(2) The date of counting votes is _____________________

(3) You have as many votes as there are members to be elected.

(4) You should vote by placing the mark X opposite the name or names of candidates whom you prefer. If you do not wish to use all your votes (in cases where more than one vote is allowed) you need not do so, because more than one vote may not be given to any one candidate.

(5) The ballot paper shall be invalid, if the mark X is placed opposite the names of more candidates than are to be elected, or if the mark denoting any vote is so placed as to render it doubtful to which candidate such vote is intended to apply.

(6) You should sign the following declaration, and append your number on the electoral roll and the place of your residence thereto, and then return this letter along with the ballot paper, which shall be put into a separate envelope. Without such signature and entry the ballot paper shall be invalid.

(7) In case you fill in more than one ballot paper the first only of such ballot papers received by the President shall, if otherwise in order, be valid and if the President is unable to determine which of such ballot papers was first received by him, both or all such papers shall be invalid.

(8) Ballot papers shall be sent to the Returning Officer registered. Ballot papers which are not received by the Returning Officer before the ____________ day __________ 19 _________ will be rejected.

“I here by declare that my name appears on electoral roll, _________ vide No. ______________”.

Signature of elector _____________________

Residence _____________________

Form VI (Enclosure VI To Pro No. 34)

(Rule in Part II)

Nurse

Health Visitor

The Punjab Midwife Register

Nurse-Dai
Trained Dai

1 2 3 4 5
Serial No.* Date of registration Name and if married, maiden name before marriage or name at the time of undergoing training Age Nationality (and caste, if any)

 

6 7 8 9
Address or appointment Qualifications where obtained and date thereof Date and reasons of removal Remarks
Date Section of the Act under which the name is removed

Separate registers for Nurses, Health Visitors, Midwives, Nurse-Dais and Trained Dais

 

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