Preamble

WHEREAS it is expedient to provide for the registration ⁶[and holding of examinations] .of nurses, health visitors, midwives an dais in ^l[Punjab] and to secure their better training, and whereas the previous sanction of the Governor-General under section SO-A of the Government of India Act has been obtained; It is hereby enacted as follows:­-

 ¹For Statement of Objects and Reasons, see Punjab Gazette, 1931,Part V, pages 56-57.       ­

²For Statement of Objects and Reasons, see Punjab Gazette,1936. Part I, page 1002­

³For Statement of Objects and, Reasons. see Punjab Government­ Gazette, ExlTaordinaT1l, dated - 4th November, 1952, pp. 1309-10.

⁴For Statement of Objects - and Reasons, see Punjab Government Gazette (Extraordinary/), 1958, page 1494. ­

⁵Substituted for the words "East-Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951.

Inserted by Punjab Act No. XVI of 1953, section 2.

NOTE

Statement of objects and reasons

“It is felt that the time has come when the interests of the increasing number of trained nurses, health visitors, midwives, nurse, dais and trained dais and of their clientele should be protected and this can be best achieved by the   registration and proper control of such nurses, health visitors, midwives, nurse, dais and trained dais. Moreover, registration in itself supplied an incentive to take training and thereby improves professional standards. It is accordingly proposed to enact measures on the lines of the law in force in Great Britain where there is a Council which deals with various questions relating to nurses, such as the training examination, registration, etc. of nurses and their removal from the register maintained under the authority of the Council. Provision also exists in the English Act forbidding any unregistered person from practicing nurse and also penalizing the use by an unregistered nurse of any title of name suggesting that such nurse is registered nurse. 

The Madras Nurse and Midwives Act 1926, which is based on English Act, has already been passed into law, and a Bill for the Punjab has been made on the provisions of the English and Madras Acts.”

CHAPTER 1

PRELIMINARY 

1.   Short title, and commencement

(1)      This Act may be called the Punjab Nurses Registration Act, 1932.

     (2)      It extends to ²Punjab.   

(3)      It shall come into force on such date as the ⁴[State] Government may notify in this behalf.

2.   Definitions

In this Act, unless there is anything repugnant in the subject or context-  

(a)  "Council" means the ²[Punjab] Nurses Registration Council established under section 3;

(b) “dai” means any person whether following a 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;

⁵[(c) "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 obtain­ed 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 section 14; 

¹Substituted for the words "East Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951.

²Substituted for the words "East Punjab" which had been .inserted for the words "the. Punjab" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948-by the Adaptation of; Laws Order, 1950.    

³It came into force on 2nd September. 1932.

⁴Substituted for the word ''Provincial” by the Adaptation of Laws order, 1950.

⁵Clauses (c). (d). (e) and (f) substituted by Punjab Act No XVI of 1953. section 3.

(e) "nurse" means a person who, holds a certi­ficate in nursing from any institution recognised in this behalf by the Council or one who has been  registered under sub-section (2) of section 14;­

(f) "auxiliary nurse and midwife" means a person who has passed an examination prescribed in this behalf by the Council;]

(g) "nurse-dai” means a trained dai who has passed the examination in nursing prescribed by the Council for nurse-dai;

(h) "Prescribed" means prescribed by this Act, by rules, regulations or by-laws made under the Act; 

(i) "register" means a register, maintained under section 15; 

(j) "registered" means registered in accordance with the provisions of section 14;

(k) “registered medical practitioner" means a person registered under the Punjab Medical Registration Act, 1916;

(i) “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 section 14; 

(m) "unregistered" means not registered in ac­cordance with the provisions of section 14.

CHAPTER II

CONSTITUTION OF COUNCIL, APPOINTMENT OF OFFICE BEARER AND THE MAKING OF REGULATION 

3.   Constitution of the Punjab Nurses Registration Council 

(1) There shall be established a Council to be known as the Punjab Nurses Registration Council which shall be a body corporate having perpetual succession and a common seal shall by the said name sue and be sued. 

¹[(2) The Council shall consist of the following members, namely-

(a)  the Director of Health Services, Punjab; 

^{1Sub-section (2) substituted by Punjab Act No. XVI of 1953, section 4(i).}

(b) eight members to be appointed by the State Government from among the persons spe­cified in the Schedule, four of whom shall be Nursing Superintendents of. the hospi­tals training candidates for any of the exa­minations conducted by the Council; 

(c)  two registered nurses to be elected by the nurses registered under the Act; 

(d) one registered health visitor to be elected by 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 midwives 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 appointment of a regis­tered nurse, registered health visitor or re­gistered midwife, as the case may be.

(3) The appointment and election of members shall be notified by the ²[State] Government.

 3A Temporary provisions in respect of Council – Notwithstanding anything contained in this Act, -

(1) The Punjab Nurses Registration Council constituted under section 3 and functioning and operating in the State of Punjab. Haryana, the transferred territory and the Union territory of Chandigarh immediately before the appointed day as defined in the Punjab Nurses Registration Council (Reconstitution and Reorganization) Order 1971 issued under section 4 of the Inter State Corporation Act 1957 (Central Act 38 of 1957) shall as from that date stand dissolved and members thereof shall vacate their offices. 

(2) As from the date referred to in clause (1) the Government of Punjab shall constitute a Council for the State of Punjab in the manner specified in section 3 to be known as the Punjab Nurses Registration Council. 

Provided that the members transferred to in clauses (c), (d) and (e) of sub-section (2) of section 3 shall be nominated by the Government of Punjab from amongst the registered nurses, health visitors or midwives as the case may be ordinarily residing in the State of Punjab instead of being elected in the manner indicated in any of those clauses.

Provided further that no person specified at serial No. (6) or serial No. (10) in the Schedule to the Act shall be appointed as a member of the said Council under clause (b) of sub-section 2 of section 3.

(3) As from the date referred to in clause (1), the Government of Haryana shall constitute a Council for the State of Haryana in the manner specified in section 3 to be known as the Haryana Nurses Registration Council. 

Provided that the members referred to in clauses (c), (d) and e) of sub-section (2) of section 3 shall be nominated by the Government of Haryana from amongst the registered nurses, health visitors or midwives as the came may be ordinarily residing in the State of Punjab instead of being elected in the manner indicated in any of those clauses. 

(4) In respect of the transferred territory, the Government of Himachal Pradesh shall until a Council is duly constituted for the said area under section 3, exercise the powers, perform the functions and discharge the duties of the Council under this Act. 

(5) In respect of the Union territory of Chandigarh, the Administrator of the Union territory shall until a Council is duly constituted for the said territory under section 3; exercise the powers perform of the functions and discharge the duties of the Council under this Act. 

(6) The members of the Punjab Nurses Registration Council and the Haryana Nurses Registration Council constituted under this section shall notwithstanding anything contained in section 4 hold office for a period of five years from, the date referred to in clause (1) or until such time as a Council is duly constituted under section 3 whichever is earlier.

(7) The vice-president of each of the Council constituted under clauses (2) and (3) shall be nominated from amongst the members of the Council by the Government of the State for which the Council has been constituted. 

3-B.    Constitution of Punjab Nurses Registration Council for a temporary period – (1) Notwithstanding anything contained in this Act, as from the commencement of the Punjab Nurses Registration (Amendment and Validation) Ordinance 1979 the State Government shall in the manner specified in section 3 constitute a Council for the State of Punjab to be known as the Punjab Nurses Registration Council;

Provided that the members referred to in clauses (c), (d) and (e) of sub-section (2) of section 3 shall be nominated by the State Government from amongst the registered nurses, health visitors or midwives, as the case may be, instead of being elected in the manner indicated in those clauses.

(2) The Vice-President of the Punjab Nurses Registration Council shall notwithstanding anything contained in sub-section (2) of section 8 also be nominated by the State Government from amongst its members. 

(3) Each member of the Punjab Nurses Registration Council including the Vice-President other than the member appointed by virtue of his office shall, notwithstanding anything contained in sub-section (1) of section 4 and sub-section (1) of section 9, hold office for a period of two years from the date of nominated or until the Council is duly constituted under section 3 whichever is earlier.

Validation – Notwithstanding anything contained in Act -  

(a) anything done or any action taken or purporting to have been done or taken by the Council as it existed immediately before the first day of May 1976, and ording on the commencement of this Act, under the provision of the principal Act or the rules made thereunder including the appointment of the Register and other staff of the Council and registration of persons under the Principal Act, shall be deemed to be as valid and effective as it would  have been if a duly constituted Council had been in existence and all such things or actions had been done or taken by that Council during the aforesaid period and accordingly no such thing or action shall be called into question merely on the ground that no duly constituted Council had been in existence or that nay such thing or action was done or taken by the Director, Health and Family Welfare or any other officer authorised by him, during the aforesaid period ; and

(b) any appeal under sub-section (3) of section 14 of the principal Act which could be filed during the period referred to in clause (a) may be filed within a period of thirty days of the constitution of the Punjab Nurses Registration Council under section 3-B;

Provided that in counting the period of thirty days the time spent in obtaining a copy of the order appealed against shall be excluded. 

4.  Term of office of Members - (1) Except as otherwise provided in section 3 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 ³[five] years and shall commence from the date of publication of the notification of his election or appointment. 

[A member other than a member appointed by virtue of office when appointed in place of a member who has for any reason, vacated his 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.]

 ¹The words “other than those appointed by virtue of their office? Omitted by Punjab Act No. XVI of 1953, section 4(ii).

²Subtituted for the word “Provincial;” by the Adaptation of Laws order. 1950.

³Substituted by Punjab Act XVI of 1953. Section 5 for “three”.

⁴Added by ibid.

(2) The term of office of a member of the Council appointed by virtue of his office shall continue so long he holds the office in virtue' of which he is such a member.

(3) Notwithstanding anything contained in this Act, an outgoing member shall, unless the '[State] Government otherwise 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.   Cessation membership - A member of the Council shall be deemed to have vacated his seat-  

(a) if he submits his resignation in writing to    the president of the Council; 

(b) if he has, in the opinion of the Council with­ out sufficient excuse, been absent from three consecutive meetings of the Council;

²[(c) if he has been absent out of India for more than one year continuously;

(d) if in the case of a 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. Removal of any Member - Notwithstanding anything contained in this Act, the '[State] Government may, at any time, for any reason 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 specified member, whether elected or appointed ¹*. *, shall be vacated  on a date specified in the notification and 'such seat sha1I thereupon be vacated accordingly. 

¹Substituted for the word “Provincial” by the Adaptation of Laws order, 1950.

²Substituted by Punjab Act No. XVI of 1953, section 6, for clauses (c) and (d).

7.   Casual vacancies how to be filled- (1) When the seat" of an elected member be­ comes vacant under the provisions of section 5 or by his death, resignation or removal, a new member shall be elected in accordance, with the provisions of this Act. 

 2) When the seat of an appointed member becomes vacant under the provisions of section 5 or by his death, resignation or removal* * * .* * * the'[State] Government, * * * , shall appoint another member in his place.

 8.   President and Vice- President of the council -  (1)-[The Director of Health Services] [Punjab] 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 a meet­ing thereof.

9.   Term of office of Vice-President. - The term of office of a vice-president shall be [five] years.

(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.

 10.            Appointment registrar other officers servants - The Council shall appoint a registrar who shall also act as treasurer unless the Council appoints another person as treasurer, and may appoint such other officers or servants as it may deem necessary and every person so appointed shall, subject to the rules, be removable from office at the pleasure of the Council and shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 

¹The words “by   name” omitted by Punjab Act XVI of 1953, section 7.

²The words “the Medical Council or” and “as the case may be” omitted by ibid, section 8.

³Substituted for the word “Provincial” by the Adaptation of Laws order, 1950.

⁴Substituted by Punjab Act No. of 1953, section 9, for “the Inspector-General of Civil Hospitals”.

⁵ “East Punjab”-which had been inserted for the word “the Punjab” by the Indian Independence  (Adaptation of “Bengal and Punjab”) Acts order. 1948-4^th  Adaptation of Laws Order, 1950.

⁶Substituted by Punjab Act No. XVI  of 1950, section 10. for “three”. 

11.            Quorum - The quorum necessary for the transaction. of  business at a meeting of the Council shall be such num­ber or proportion of the members of the Council as may, from time to time, be fixed by the regulations but shall not be less than five: 

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.            Power to make regulations –

(1) The Council may make regulations consistent with this Act and with the rules made there under to provide for all or any of the fallowing matters,  namely; ­

(a) the time and place of its meetings;

(b) the manner in which notice of a meeting shall be given;

(c) the conduct of business at a meeting, the record of proceedings and the adjournment of meetings;

(d) the quorum necessary for the transaction of business at a meeting;

(e) the appointment and constitution of sub­committees 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 fees and traveling allowance to members for attendance at meetings of the Council;

(g)      the custody of the common seal and the purpose for which it shall be used;

(h) the persons by whom receipts shall be grant­ed 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 servants and the payment of salaries or allowances 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 [Official Gazette]². 

13.            Vacancies and irregularities not to invalidate proceedings - No act or proceeding of the Council shall be invalid by reason only of the existence of a vacancy in the 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. 

14.            Registration of nurses, health visitors, mid-wives, nurse-dais, trained dais and dais –

(1)-Every person who complies with such conditions and restrictions as may be prescribed by the Council and-

(a) has undergone the necessary course of training    or passed the examination, if any, prescribed for nurses, health visitors, midwives, nurse-dais     ³[auxiliary nurses and  midwives] or trained dais, or

(b)      is registered as a nurse or midwife ⁴[or health visitor] by any association which is recognised by the ⁵[Council], or

(c) is able to satisfy the Council that he has any where in India undergone a course  of training or passed an examination, similar to the course   of training and examination referred to in clause (a) and recognised by  the ⁵[Council], 

(d) is already employed or practicing in Punjab as a    dai, or is doing the same work as a nurse, health visitor, midwife, nurse-dai or trained dai, when this Act comes into force, may apply to the registrar to have his name registered: 

¹Substituted for the word “Provincial” by the Adaptation of Laws order, 1950

²Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) order, 1937.

³Inserted by Punjab Act No. XVI of  1953, section 11 (a) (i).

⁴Inserted by ibid, section 11 (a) (iii).

⁵Substituted by ibid, section 11 (a) (ii) for “Provincial (State) Government”.

Provided that an application from a person who claims to be registered under clause (d) shall not be entertained unless it is received within '[five years] from the date on which this Act comes into force.

(2) (a) If the registrar is satisfied that any nurse, health visitor, midwife, nurse-dai, ²[auxiliary nurse and midwife], or trained dai applying under clause (a) or c1ause (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 visitors, midwife, nurse-dai, ²[auxiliary nurse and midwife] or trained dai in the prescribed 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 register as a nurse, health visi­tor. midwife, nurse-dai, ²[auxiliary 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 prescribed register, and shall not make any entry in the prescribed register in respect of such person until the entry is permitted 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 power 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; 

¹The words “five years” were substituted for the words “three years” by section 2 of the Act, VI of 1936.

²Inserted by Punjab Act No. XVI of 1953, section 11 (b) (i). 

(ii)   the Council may refuse to permit .the regis­tration of any person who has been convict­ed of any such offence as implies in the opinion of the Council any defect of charac­ter such as would render him until for duty or who, after an enquiry at which opportunity has been given to such person to be heard  in person or by pleasure has been held by the Council to have been guilty of any professional misconduct or [***] not to posses satisfactory professiona1 qualifications: 

²[iii) the Council may, at time, issue a warning to or direct the removal of the name of a registered 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 council­:] 

Provided further that an appeal may be preferred to the 3[State] Government from an order of the Coun­cil passed under ⁴[* * " *] the first proviso to this sub-section if such appeal is made within one month ⁵[or such period as may be extended on sufficient cause shown for not preferring the appeal within time from the date of receipt of the registered notice intimating that the Council has refused to permit the registration or has removed the name of such person.] 

(3) If the registrar is not satisfied that such nurse, health visitor, midwife. nurse-dai,⁶[auxi1iary nurse and midwife] trained dai or dai is entitled to be regis­tered he shall reject the application, provided that an appeal shall lie to the Council from such an order of the registrar if such appeal is preferred within one month from the date of despatching by registered post a notice addressed to the applicant at the address from which the application was sent intimating that such application has been rejected.

¹The words "in the case of a person applying under clause (c) or clause (d) of sub-section (1) is held by the Council", omitted by Punjab Act No. XVI  of 1953, section 11 (b)  (ii).

²New clause (iii) of the first proviso, added by ibid, section 11 (b) (iii).

³Substituted for the word “Provincial” by the Adaptation of Laws order, 1950.

⁴The words “clause (iii) of”, omitted by Punjab Act VI of 1953,

⁵Substituted by ibid.

⁶Inserted by ibid section 11 (c). 

(4) For the purpose of an enquiry under '[* * * *] the first proviso to sub-section (2) or of any appeal under sub-section (3) the Council shall be deemed to be a court within the meaning of the Indian Evidence 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 hearing any appeal in camera:

Provided further that the Council may direct that and such enquiry or appeal shall be heard by a com­mittee of the Council composed of such members of the Council as the Council may direct.

15.            Registers to be maintained - (1) The registrar shall maintain the following registers-

(a) a register showing the name and address of each registered nurse in ²Punjab;

(b) a register showing the name and address of each registered health visitor in ²Punjab;

(c) a register showing the name and address of each registered midwife in ²Punjab;

(d) a register showing the name and address of each registered nurse-dais in ²Punjab;

(e) a register showing the name and address of each registered trained dai in ²Punjab;

 The words "clause (ii) of". omitted by ibid, section 11 (d).

²Substituted by Adaptation of Laws Order, 1950, for "East Pun­jab".

 ¹[(f) a register showing the name and address of each registered auxiliary nurse and  midwife in Punjab]. 

(2) The registrar shall keep the registers in accordance with the provisions of this Act and of any rules or bye-laws made thereunder and shall from time to time make all necessary alterations in the names and addresses of such nurses, health visitors, midwives nurse-dais ²[auxiliary nurses and midwives], or trained dais, and remove the name of any such person who is dead.

(3) To enable the registrar to fulfill the duties imposed upon him by sub-sections (1) and (2) he may send through the post a registered letter to any person registered as a nurse, health visitor, midwife, nurse-dai, ³[auxiliary nurse and midwife], or trained dai, addressed according to his registered address for the purpose of enquiry 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 registrar may remove the name of such person from the prescribed register: 

⁴[Provided that any name removed under this Act, on representation made in this behalf, be re-entered in the register, subject to such conditions and payment of fees as may be specified in the direction of the Council, or the appellate authority, if an appeal was preferred against the order of removal.]

(4) Any entry in the registers which is proved to the satisfaction of the Council to have been fraudulently or incorrectly made shall be removed or corrected in pursuance of a resolution of the Council.

15A.          Temporary provision in respect of registers – All nurses, health visitors and mid-wives who immediately before the appointed day, as defined in the Punjab Nurses Registration Council (Reconstitution and Reorganisation) Order 1971 (Central Act 38 of 1957), were on the registers maintained under this Act, shall on and from that day, without further fee or charge, continue to be on the registers of the State of Punjab and Haryana, the transferred territory of Union territory of Chandigarh for a period of six months from the appointed day and thereafter, on the register of any of the said States or territory in which the registered person desires to continues his or her registration;

Provided that such registration shall continue for the period for which it was made until the register is duly amended or until the name is duly removed under this Act.

16.            Annual lists of nurses, health visitors, nurse-dais and trained dais- (1) The register shall 5[* * ²* *] on or before a date to be fixed in this behalf by the Council, cause to be printed and published correct lists of the names for the time being entered in the registers setting forth­ -

     (a) the names entered in the respective Registers, arranged in alphabetical order;

(b) the registered address of each person whose name is entered in the register; and

(c) the registered qualification of each such person 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:

¹New clause (f) added by Punjab Act No. XVI of 1953, section  12 (i).

²Inserted by ibid, section 12 (ii).

³Inserted by ibid, section 12 (iii).

⁴Substituted by Punjab Act No. XVI of 1953. section 12 (iii).

⁵The words “in every year” omitted by ibid, section 13.

     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 registers shall be conclusive evi­dence that such person is registered 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 shal1be conclusive proof of the fact and date of such removal.

17.            Power to prohibit unregistered persons from practicing –

(1) Any local authority may make bye-laws prohibiting unregistered persons from practicing as nurses, heath visitors, midwives, nurse-dais, ^l[auxiliary nurses and midwives], trained dais or dais within the area subject to its authority and may in such bye­laws provide that any person practicing in contraven­tion of such bye-laws or any person committing or abetting the commitment of a breach of any such bye­laws shall be liable on conviction by a Magistrate of the first class to a fine not exceeding fifty rupees for a first offence, or to a fine not exceeding two hundred and fifty rupees for second. or subsequent offence.

(2) If any local authority fails to make bye-laws under sub-section (1), the, ²[State] Government may by notification prohibit unregistered persons from practising as nurses, health visitors, midwives, nurse dais, '[auxiliary nurses and midwives, trained (dais or dais within the area subject to such local authority, and any unregistered person practising in contraven­tion of such notification shall be liable, on conviction by a Magistrate of the first class, to a fine not exceeding fifty rupees for a first offence, or to a fine not exceed­ing two hundred and fifty rupees for a second or sub­sequent offence

¹Inserted by Punjab Act No. XVI of 1953, section 14.

²Substiluted for the word "Provincial" by the Adaptation of Laws Order, 1950.

²(3) Notwithstanding anything to the contrary in any enactment, rule, bye-law or other provision of law or the time being in force, no person other than a re­gistered nurse, a registered health visitor, a registered mid-wife, a registered nurse-dai, a registered auxi­liary nurse and mid-wife, a registered trained dai or dai 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.] 

18.            Power to make bye-laws - The Council may, after previous publication, make bye-laws-­    

(a) to prescribe the courses of training of, and qualification for the registration of, nurses, health      visitors, midwives. nurse-dais,"[auxiliary nurses and mid-wives] or trained dais, and to provide for the recognition of institutions competent to give such training;

(b) to regulate the issue of certificates, the maintenance  of registers and the conditions of admission of names of persons to such re­gisters and to prescribe the form of application for such admission and the uniform or badge to be worn by registered nurses, re­gistered midwives, registered nurse-dais, ¹[registered auxiliary nurses and midwives], registered trained dais while on duty; 

¹Inserted by Punjab Act No. XVI of 1953, section 14.

² Added by ibid.

³ Inserted by ibid, section 15.

Power to make bye-laws.

c)      to prescribe the fees for registration and there-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, ¹[registered auxiliary nurses and midwives], or registered trained dais;

²(e) to regulate the conduct of and prescribe fees for examination of nurses, health-visitors, midwives, nurse-dais, auxiliary nurses and midwives and trained dais;

f) to confer, grant or issue diplomas, licenses, certificates or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice 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, midwives, nurse-dais, auxiliary nurses and mid-nurse-dai or trained' dai;

(h) to prescribe the scale of fees, remuneration and travelling allowance to Examiners, Su­pervisors, Invigilators and other persons appointed by the Council for the conduct of examinations;

(i) to prescribe the prices of publications of the Council:

(j) to regulate the conduct of registered per­sons.]

19.            Confirmation and publication of bye-laws - (1) No bye-law made under ³[sections 17 and 18] shall come into force until six week after it has been confirmed by the ¹[State] Government and pub­lished in the ²[Official Gazette].

1      Inserted by Punjab Act No. XVI of 1953. section 15.

2      New clauses (e). (f), (g). (h). (i) and (j) added by ibid.

3      The words and figures "sections 17 and 18" were substituted for the words and figures "sections 16 and 17" by Punjab Act, VI of 1936, section 30. 

          (2) The [State] Government may cancel its con­firmation of any such bye-law and thereupon the by-law shall cease to have effect.

20.     (1) The '[State] Government may, after pre­vious publication, make rules to carry out the purposes of this Act. .

          (2) In particular, and without prejudice to the generality of the foregoing power, the ¹[State] Governments may make rules­-

  (a) to regulate elections under section 3;

  (b) to prescribe the form of the registers to be maintained under section 15;

¹Substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.   

²Substituted for the word "Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937.     

³Inserted by Punjab Act No. XVI of 1953, section 16.

          (c) to regulate and restrict within due limits the practice of registered nurses registered health visitors, registered midwives, regis­tered nurse-dais, ³[registered auxiliary nurses and midwives] or registered trained dais;

          (d) to regulate the procedure to be followed by the council­ -

(i)                 in making a re-entry in the registers of the names of persons removed from such   registers, and in withdrawing an order of suspension of practice passed on a   registered nurse, registered health visitor, registered midwife. registered nurse­ dai      or registered trained dai; and

(ii)               in disposing of appeals from the decisions of the registrar made under section 14; and

(iii)              in regulating the application of fees levied­ under  this Act and of other moneys

 received by the Council for the purposes of this Act;

          (e) to regulate the expenditure of the Council and to provide for the audit of its accounts.

21.            Bar to suits in respect of act done under this Act - No act done in the exercise of any power conferred by this Act on the ¹[State] Government or the; Council or the registrar, shall be questioned in any civil court.

22.            Exemption of registered medical practitioners from provisions of this Act - Nothing in this Act shall apply to registered medical practitioners.

23.            Penalty for dishonest use of certificate etc. - Any person who­ -

(a) dishonestly makes use of any certificate of registration issued under the provisions of this Act to him or to any    other person, or

(b)  procures or attempts to procure registration under the provisions of this Act by making or producing or causing to be made or pro­duced any false or fraudulent declaration, certificate or representation whether in writ­ing or otherwise, or

(c)  Willfully makes or causes to be made any falsification 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.   Penalty for unlawful assumption of title of registered nurse, health visitor, midwife, nurse dai or trained dai - Any person who, not being a registered nurse, or a registered health visitor, or a registered midwife or a registered nurse-dai, or a registered auxiliary nurse and midwife, or a registered trained dai, assumes or uses the name of title of a registered nurse or a nurse, a registered health visitor or a health visitor, a registered midwife or a midwife, a registered auxiliary nurse and midwife, or an auxiliary nurse and midwife, a registered trained dai or a trained dai, as the case may be, or uses any name title, addition description or signboard implying that such person is registered, or in any manner regulates the conduct of examinations or confers or grants diplomas or certi­ficates except as provided in this Act or the rules or by-laws made hereunder, shall, on conviction by a Magistrate of the first class be liable to a fine not ex­ceeding five hundred and fifty rupees in the case of a first offence and for a second or any subsequent offence, to a fine not exceeding five hundred rupees or imprisonment of either description for six months or both.]

¹Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

²Substituted for the old section, by Punjab Act No. XVI of 1953, section 17.

25.            Bar to prosecutions under the Act - (1) No court shall take cognizance of any off­ence punishable 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 in the court of competent jurisdic­tion within 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.]

SCHEDULE

(See section 3)

        ²[(1) The Nursing Superintendent, V. J. Hospital, Amritsar,

     (2) The Nursing Superintendent, Government Hospital for Women and Children.

     (3) The Nursing Superintendent, V. J. Hospital, Amritsar.

     (4) The Nursing Superintendent, Memorial Hospital­, Ludhiana. 

¹Section 25 numbered as sub-section (1) and sub-sections (2) and (3) added by Punjab Act No, XVI of 1953, section 18.

²Substituted for the old Schedule by Punjab Government notification No. 9183-7HB-53/91264. dated the 25th November. 1963.