CHANDIGARH, MARCH 29
The Haryana Government has notified the Haryana Nurses and Nurse-Midwives Act, 2017, which provides for the constitution of Haryana Nurses and Nurse-Midwives Council for the registration of Nurses and Nurse-Midwives and for registration of institutions imparting training and prescribing qualifications to such institutions in the State.
While stating this here today, a spokesman of Law and Legislative Department said that the Government would, by notification constitute a body to be known as the Haryana Nurses and Nurse-Midwives Council to exercise the powers conferred on and to perform functions assigned to it under this Act. The headquarters of the Council would be at Panchkula and it would meet atleast once in a calendar year.
He said that while Director General or Director Medical Education and Research Department would be the President of the Council, Additional Director, Medical Education and Research would be the Vice President. The Council would perform duties including fixing the criteria for the establishment of institutions; recognize institutions; withdraw the recognition granted to institutions under this Act; recognize the qualifications for the purpose of this Act; frame regulations; conduct inspection of institutions; fix the fee; maintain the fund of the Council; conduct admission to various institutions in the State and prescribe such standards, facilities, syllabi, entry criteria including common entrance test as may be deemed necessary to maintain proper standards in the nursing course. It will also formulate uniform syllabi, course content, curricula and method of examinations for theory, practical and internal examinations, and its revision from time to time in respect of all the nursing courses throughout the State with the approval of the Indian Nursing Council. It will also fix the educational qualifications for teaching staff for all diploma or certificate courses and conduct common examinations for both theory and practical for all the nursing courses in the State except those conducted by other statutory authorities.
He said that the Council would also make bye-laws to regulate the conditions under which such nurses, nurse-midwives registered in other States might be admitted to the register, on such other States granting reciprocal registration to persons registered on the register of the Council. Apart from this, it would make bye-laws for determining the manner in which all fee levied under this Act and all money received by the Council would be accounted for, audited and applied for the purpose of this Act, and for regulating the expenditure of the Council. No bye-law made by the Council would come into force until the same have been approved by the Government, he added.
The spokesman said that those who would be entitled to be registered under this Act included Nurses, Nurse-Midwives who have undergone such course of training, passed such examinations held by the Council and fulfill other conditions. Also, the nurses, nurse-midwives holding corresponding certificate issued by authorities in other States in India and abroad, if such certificates are recognized by the Indian Nursing Council and the Nurses, Nurse-Midwives who are already registered at the commencement of this Act and fulfill required conditions.
He said that every person eligible for registration under section 21 would apply for registration to the Registrar. Any person whose application for registration is rejected by the Registrar, may, within three months from the date of such rejection, file an appeal to the Council and the decision of the Council thereon would be final. He said that every registration made under section 22 would be valid for a period of five years and would have to be renewed before the end of the fifth year failing which the name of the person would be deemed to have been removed. On payment of renewal fee and fine, if any, the Registrar would issue a certificate of registration to the person concerned.
He said that no person would establish an institution or conduct any nursing course for preparing students to acquire any recognized qualification, without the prior recognition by the Council. A person would apply for the recognition of an institution to the Registrar in such form alongwith such fee, as may be prescribed. He said that on receipt of an application, the Registrar would conduct such inspection and would by order grant recognition or reject the application for recognition. An institution conforming to the standards fixed by the Council would be given recognition under this Act, he added.
The spokesman said that all institutions conducting nursing courses as on the date of commencement of this Act would apply for recognition to the Council within three months from the date of commencement of this Act. If an institution applying for recognition does not conform to the standards fixed by the Council in this regard, temporary recognition may be granted to that institution subject to the condition that the facilities in accordance with the standards fixed by the Council would be provided within a period to be fixed by the Council from the date of grant of temporary recognition. He said that if an institution does not provide the facilities within the specified period in accordance with the standards fixed by the Council, the temporary recognition granted would be withdrawn forthwith.
He said that the Council may inspect any institution for granting recognition under this Act and also conduct periodical inspections of the recognized institutions to ensure that the required standards are being maintained by them. The Registrar or any officer authorized by the Council may enter into the premises of any recognized institution to make an inquiry or inspection as authorized by the provisions of this Act. He said that the Council would have power to call upon the governing body or authority of any recognized institution to furnish report, returns or other information, as the Council may require. He said that where on the basis of an inquiry or inspection by the Council, it is satisfied that an institution recognized under this Act has failed to comply with the terms and conditions of the recognition, may, by order withdraw such recognition provided that before such withdrawal of recognition, the Council would afford an opportunity of hearing to the institution concerned.
He said that no person other than a person registered under this Act would practice as a Nurse or Nurse-Midwife. Any person who acts in contravention of this section would on conviction be punishable in the case of a first offence with imprisonment for a term which may extend to six months and with fine which may extend to Rs 50,000. In case of a second or subsequent offence, with imprisonment for a term which may extend to one year, but which would not be less than three months and with fine which would not be less than Rs two lakh which may extend to Rs five lakh. Similarly, no dispensary, hospital, infirmary, lying-in-hospital, sanatorium, operation theatre, nursing home, blood bank, medical laboratory or other similar institution would employ any person unless such person is registered under this Act. Whosoever contravenes the provisions would be punishable with fine which may extend to Rs two lakh.
He said that no person would add to his name any title, letters or abbreviations, which imply that he holds a degree or diploma license or certificate as his qualification to practice as a Nurse, Nurse-midwife unless he actually received such valid degree, diploma or certificate and such degree, diploma is recognized by any law for the time being in force in the State, or has been conferred or granted or issued by an authority appointed under this Act. Whosoever contravenes the provisions would, on conviction be punishable, in the case of first offence, with fine which may extend to Rs 50,000 and in the case of second or subsequent offence, with fine which may extend to Rs two lakh, he added.
He said that as a transitional provision, from the commencement of this Act, the Haryana Nurses Council established and constituted under the Punjab Registration Act,1932, shall cease to function.
====balbirsingh227@gmail.com
The Haryana Government has notified the Haryana Nurses and Nurse-Midwives Act, 2017, which provides for the constitution of Haryana Nurses and Nurse-Midwives Council for the registration of Nurses and Nurse-Midwives and for registration of institutions imparting training and prescribing qualifications to such institutions in the State.
While stating this here today, a spokesman of Law and Legislative Department said that the Government would, by notification constitute a body to be known as the Haryana Nurses and Nurse-Midwives Council to exercise the powers conferred on and to perform functions assigned to it under this Act. The headquarters of the Council would be at Panchkula and it would meet atleast once in a calendar year.
He said that while Director General or Director Medical Education and Research Department would be the President of the Council, Additional Director, Medical Education and Research would be the Vice President. The Council would perform duties including fixing the criteria for the establishment of institutions; recognize institutions; withdraw the recognition granted to institutions under this Act; recognize the qualifications for the purpose of this Act; frame regulations; conduct inspection of institutions; fix the fee; maintain the fund of the Council; conduct admission to various institutions in the State and prescribe such standards, facilities, syllabi, entry criteria including common entrance test as may be deemed necessary to maintain proper standards in the nursing course. It will also formulate uniform syllabi, course content, curricula and method of examinations for theory, practical and internal examinations, and its revision from time to time in respect of all the nursing courses throughout the State with the approval of the Indian Nursing Council. It will also fix the educational qualifications for teaching staff for all diploma or certificate courses and conduct common examinations for both theory and practical for all the nursing courses in the State except those conducted by other statutory authorities.
He said that the Council would also make bye-laws to regulate the conditions under which such nurses, nurse-midwives registered in other States might be admitted to the register, on such other States granting reciprocal registration to persons registered on the register of the Council. Apart from this, it would make bye-laws for determining the manner in which all fee levied under this Act and all money received by the Council would be accounted for, audited and applied for the purpose of this Act, and for regulating the expenditure of the Council. No bye-law made by the Council would come into force until the same have been approved by the Government, he added.
The spokesman said that those who would be entitled to be registered under this Act included Nurses, Nurse-Midwives who have undergone such course of training, passed such examinations held by the Council and fulfill other conditions. Also, the nurses, nurse-midwives holding corresponding certificate issued by authorities in other States in India and abroad, if such certificates are recognized by the Indian Nursing Council and the Nurses, Nurse-Midwives who are already registered at the commencement of this Act and fulfill required conditions.
He said that every person eligible for registration under section 21 would apply for registration to the Registrar. Any person whose application for registration is rejected by the Registrar, may, within three months from the date of such rejection, file an appeal to the Council and the decision of the Council thereon would be final. He said that every registration made under section 22 would be valid for a period of five years and would have to be renewed before the end of the fifth year failing which the name of the person would be deemed to have been removed. On payment of renewal fee and fine, if any, the Registrar would issue a certificate of registration to the person concerned.
He said that no person would establish an institution or conduct any nursing course for preparing students to acquire any recognized qualification, without the prior recognition by the Council. A person would apply for the recognition of an institution to the Registrar in such form alongwith such fee, as may be prescribed. He said that on receipt of an application, the Registrar would conduct such inspection and would by order grant recognition or reject the application for recognition. An institution conforming to the standards fixed by the Council would be given recognition under this Act, he added.
The spokesman said that all institutions conducting nursing courses as on the date of commencement of this Act would apply for recognition to the Council within three months from the date of commencement of this Act. If an institution applying for recognition does not conform to the standards fixed by the Council in this regard, temporary recognition may be granted to that institution subject to the condition that the facilities in accordance with the standards fixed by the Council would be provided within a period to be fixed by the Council from the date of grant of temporary recognition. He said that if an institution does not provide the facilities within the specified period in accordance with the standards fixed by the Council, the temporary recognition granted would be withdrawn forthwith.
He said that the Council may inspect any institution for granting recognition under this Act and also conduct periodical inspections of the recognized institutions to ensure that the required standards are being maintained by them. The Registrar or any officer authorized by the Council may enter into the premises of any recognized institution to make an inquiry or inspection as authorized by the provisions of this Act. He said that the Council would have power to call upon the governing body or authority of any recognized institution to furnish report, returns or other information, as the Council may require. He said that where on the basis of an inquiry or inspection by the Council, it is satisfied that an institution recognized under this Act has failed to comply with the terms and conditions of the recognition, may, by order withdraw such recognition provided that before such withdrawal of recognition, the Council would afford an opportunity of hearing to the institution concerned.
He said that no person other than a person registered under this Act would practice as a Nurse or Nurse-Midwife. Any person who acts in contravention of this section would on conviction be punishable in the case of a first offence with imprisonment for a term which may extend to six months and with fine which may extend to Rs 50,000. In case of a second or subsequent offence, with imprisonment for a term which may extend to one year, but which would not be less than three months and with fine which would not be less than Rs two lakh which may extend to Rs five lakh. Similarly, no dispensary, hospital, infirmary, lying-in-hospital, sanatorium, operation theatre, nursing home, blood bank, medical laboratory or other similar institution would employ any person unless such person is registered under this Act. Whosoever contravenes the provisions would be punishable with fine which may extend to Rs two lakh.
He said that no person would add to his name any title, letters or abbreviations, which imply that he holds a degree or diploma license or certificate as his qualification to practice as a Nurse, Nurse-midwife unless he actually received such valid degree, diploma or certificate and such degree, diploma is recognized by any law for the time being in force in the State, or has been conferred or granted or issued by an authority appointed under this Act. Whosoever contravenes the provisions would, on conviction be punishable, in the case of first offence, with fine which may extend to Rs 50,000 and in the case of second or subsequent offence, with fine which may extend to Rs two lakh, he added.
He said that as a transitional provision, from the commencement of this Act, the Haryana Nurses Council established and constituted under the Punjab Registration Act,1932, shall cease to function.
====balbirsingh227@gmail.com
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