GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No. XL
OF  1966.

THE  MAHARASHTRA  NURSES
ACT,  1966.

(  As  modified  upto  the  25th  April  2013  )

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(i)

THE  MAHARASHTRA NURSES   ACT, 1966.
-------------

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I.
PRELIMINARY.

1.

Short title, extent and commencement.

2. Definitions.

CHAPTER II.
CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.

3. Constitution and incorporation of the Council.

4. Term of office.

5. Casual vacancies.

6. Resignation.

7. Disqualification  and  disability.

8. Meetings of the Council.

9.

Proceedings of meetings and validity of acts.

10.

Powers, duties and functions of the Council.

11. Executive Committee and other Committees.

12. Examination Board.

13.

14.

Fees and allowances for meetings.

Income and expenditure of the Council.

15. Registrar of the Council, and his duties and functions.

16. Other employees of the Council.

CHAPTER III.
REGISTRATION AND ENLISTEMENT.

17.

Preparation of Register.

18. Temporary registration.

19.

20.

Preparation of list.

Persons not entitled to registration or enlistment.

21. Maintenance of Register and List.

22.

Publication of Register and List.

23. Removal of names from the Register and List.

24. Renewal of registration and enlistment.

H-164-1

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Maharashtra Nurses Act, 1966

CHAPTER IV.
RECOGNITION OF TRAINING INSTITUTIONS AND AFFILIATION OF INSTITUTIONS.

25. Recognition  of  training  institutions.

26. Affiliation of institutions.

CHAPTER V.
NURSES ESTABLISHMENTS.

27. Regulation of nurses establishments.

CHAPTER  VI.
NURSES ENTITLED TO PRACTISE, AND CONTROL OF LICENSING AUTHORITIES.

28.

Persons notregistered or on the List not to practise as nurse.

29. Conditions on pratice in certain areas.

30. Licensing authority to exercise general supervision.

31. Notice to licensing authority before commencement of practice.

CHAPTER VII.
MISCELLANEOUS.

32. Appeals against decisions of Registrar.

33.

34.

Penalty for dishonest use of certificate.

Penalty for unlawful assumption of title of registered or enlisted nurse.

35. Offences by companies.

36. Court competent to try offences under this Act.

37.

Indemnity to persons acting under the Act.

38. Rules.

39. By-laws.

40. Control of State Government.

CHAPTER VIII.

REPEAL AND TRANSITIONAL PROVISIONS.

41. Repeal and saving.

42. Dissolution of Councils under the repealed laws and constitution of new Council.

43.

Provision regarding Registrars.

44. Vesting of rights, duties, etc.

45.

Power to remove difficulties.

SCHEDULE.

1

MAHARASHTRA  ACT  No. XL  OF  1966. 1

[THE  MAHARASHTRA  NURSES ACT, 1966.]

(This Act received the assent of the President on the 22nd December 1966 ;
assent was first published in the Maharshtra Government Gazette,
Part IV, on the 30th day of December 1966.)

Amended by Mah.
Amended by Mah.

17 of 1969.*
3 of 1973.

An Act to unify and make better provision in the law relating to nurses
in the State of Maharashtra.

WHEREAS, it is expedient to unify and make better provision in the law regulating
registration and training of nurses in the State of Maharashtra and to provide for matters
connected with the purposes aforesaid ; It is herby enacted in the Seventeenth Year of the
Republic of India as follow :—

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Maharashtra Nurses Act, 1966.

(2) It extends to the whole of the State of Maharashtra.

(3) (a) Section 1 shall come into force at once.

Short  title,
extent  and
commence-
ment.

(b) The remaining provisions of this Act (except Chapters V and VI) shall come into
force on such 2 date as the State Government may, by notification in the Official Gazette,
appoint.

(c) Chapter V shall come into force in the Bombay area on the date on which the
remaining provisions come into force under clause (b) ; but that Chapter shall come  into
force in the rest of the State on such subsequent date as the State Government may, by
like  notification,  appoint.

(d) Chapter VI shall come into force on such date subsequent to the date referred to

in clause (b) as the State Government may, by like notification, appoint.

1  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Govenment  Gazette,  1966,  Part  V  Extra.,

Pages  434–436.

2  15th  day  of  February  1967  (Vide  G.  N.,  U.  D.,  P.  H.  &  H.  D.,  No  NBC.  1066/Unification-I,

dated  13th  February  1967).

*  Maharashtra  Ordinance  No.  III  of  1969  was  repealed  by  Mah.  17  of  1969,  s.  3.

2

Maharashtra Nurses Act. 1966

[1966 : Mah. XL

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(a) “affiliated institution'' means an institution for the nursing of the sick, maternity
or  child  welfare,  which  is  or  which  is  deemed  to  be  affiliated  to  the  Council  in
accordance  with  this  Act  and  the  by-laws  ;

(b) ‘‘appointed day” means the date on which the remaining provisions come into

force  under  clause (b)  of  sub-section (3)  of  section  1  ;

(c)  ‘‘by-law”  means  a  by-law  made  or  continued  in  force  under  this  Act  ;

(d)  ‘‘Council”  means  the  Maharashtra  Nursing  Council  constituted  or  deemed  to

be  constituted  under  this  Act  ;

(e) ‘‘Examination Board” means the Examination Board of the Council constituted

under  section  12  ;

(f)  ‘‘Executive  Committee”  means  the  Executive  Committee  of  the  Council

constituted  under  section  11  ;

(g)  ‘‘Institution”  includes  any  association,  which  maintains  or  controls  nurses

establishment  ;

(h)  ‘‘licensing  authority”  in  the  case  of    a  municipal  area  means  the  municipal
corporation  or  municipal  council  established  for  such  area,  and  in  the  case  of  any
other  area,  the Zilla  Parishad  established  therefor  :

Provided  that,  the  State  Government  may,  by  notification  in  the Official  Gazette,
in repect of any area, specify any other  authority as the licensing authority for such
area  ;

(i) ‘‘List” means a List of nurses prepared or deemed to be prepared and maintained

under  this  Act  ;

(j)  ‘‘Member”  means  a  Member  of  the  Council  ;

(k)  ‘‘Nurse”  includes  male  nurse,  auxiliary  nurse,  public  health  nurse,  midwife,

auxiliary  nurse-midwife  and  health  visitor  ;

(l)  ‘‘Nurses  establishment”  means  any establishment,  whether  carried  on  for  gain
or not, which provides for or is intended to provide the services of persons to act as
nurses  to  those  requiring  such  services  ;

(m) ‘‘prescribed”  means prescribed by  rules ;

(n)  ‘‘President”  means  the  President  of  the  Council  ;

(o)  ‘‘recognised  institution”  means  any  institution  recognised  or  deemed  to  be

recognised  for  training  of  nurses  in  accordance  with  this  Act  and  the  by-laws  ;

(p) ‘‘Region” means the  areas comprised in each of the five  Regions in the State

specified  in  the  Schedule  to  this  Act  ;

(q) ‘‘Register” means a Register of nurses prepared or deemed to be prepared and
maintained under this Act, and the expressions ''registered'' and ''registration'' shall be
construed  accordingly  ;

(r)  ‘‘Registrar”  means  the  Registrar  of  the  Council  ;

(s)  ‘‘Rule”  means  rule  made  or  continued  in  force  under  this  Act  ;

(t)  ‘‘State”  means  the  State  of  Maharashtra  ;

(u) ‘‘Vice-President” means the Vice-President of the Council.

1966 : Mah. XL]

Maharashtra Nurses Act, 1966

3

CHAPTER II.

CONSTITUTION, FUNCTIONS AND POWERS OF THE COUNCIL.

3. (1)  The  State  Government  may,  by  notification  in  the Official  Gazette, constitute  a
Council, to be called ''the Maharashtra Nursing Council''

(2) The Council shall be a body corporate, having perpetual sucession and a common
seal, with power to acquire, hold and dispose of property and to contract, and may, by the
name aforesaid, sue and be sued.

Constitution
and  incorpo-
ration  of the
Council.

(3) The Council shall consist of the following members, that is to say,—

 (a) ex-officio members,—

1[(i) the Director of Health Services ;

(ii) the Director of Medical Education and Research ;]

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

(b) elected members,—

(i) one member from each of the five Regions, to be elected by nurses registered in the

Register under the relevant Region, from amongst themselves ;

(ii) two members, to be elected by the heads of affliated institutions, from amongst

themselves ;

(iii) five members, to be elected by matrons of affiliated institutions, from amongst

themselves ;

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

(v) one member, to be elected by the mebers of the Maharashtra Medical Council
constituted or deemed to be constituted under the Maharashtra Medical Council Act,
1965 ; and until such Council comes into  existence, by the members of the Medical
Council functioning in the State under the Bombay Medical Act, 1912, and the Central
Provinces and Berar Medical Registration Act, 1916, form amongst themselves ;

(vi) one member, to be elected  by the Co-ordination Committee (by whatever name

called) of the local branches in the State of the Indian Medical Association ;

(vii) one member, to be elected by members of Faculties of Nursing, or where there are
no such Faculties by members of Faculties of Medicine, of the Universities in the State
estabilished by law, which confer a degree in Nursing ;

(viii) one member,  to be elected  by the  State Branch of  the  Indian  Red Cross

Society ;

1 These  sub-clauses  were  substituted  by  Mah.  3  of  1973,  s,  3.  Sch.

Mah.
XLVI
of 1965.
Bom.
VI  of
1912.
C.  P.
snd
Berar
I of
1916.

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Maharashtra Nurse Act, 1966

[1966 : Mah. XL

(c) nominated members.—

four members, to be nominated by the  State Government, out of whom at least three

shall  be  nurses,  medical  practitioners  or  teachers  in  Nursing  Colleges.

(4) The President and Vice-President shall be elected by the membres from amongst

themselves.

(5) The election of the members, and of the President and Vice-President, shall be held

at  such  time,  and  at  such  place,  and  in  such  manner,  as  may  be  prescribed.

(6)  If,  at  any  election,  the  electors  fail  to  elect  the  requisite  number  of  members  or
to elect the President or Vice-President, the State Government shall nominate such person
or  persons  who  are  qualified  to  be  elected,  as  it  deems  fit,  to  fill  the  vacancy  or
vacancies ; and the person  or persons so nominated shall be deemed  to have been duly
elected  under  this  section.

(7) Where any dispute arises regarding any election of a member, or of the President
or Vice-President, it shall be referred to the State Government, and the decision of that
Government  shall  be  final.

Term  of
office.

4.

(1)  The  State  Government  shall,  by  notification  in  the Official  Gazette,  publish

the  names  of  the  members,  both  elected  and  nominated.

(2) Save as otherwise provided in this Act, a member, other than an ex-officio member,
shall hold office for a term of five years from the date of publication of the notification
under  sub-section (1)  :

Provided  that,  where  a  person  is  elected  under  paragraph (v)  of  clause (b)  of  sub-
section (3)  of  section  3,  he  shall  cease  to  hold  office  as  a  member  if  he  ceases  to  be  a
registered  medical  practitioner.

(3) Save as otherwise provided by this Act, the President and the Vice-President shall
hold  office  from  the  date  of  his  election  up  to  the  date  on  which  his  term  of  office  as
a member expires.

(4)  The  term  of  office  of  the  outgoing  members  shall,  notwithstanding  anything
contained  in  sub-section (2),  be  deemed  to extend  to and  expire  with  the  day
immediately  preceding  the  day  on  which  the  names  of  the  successor  members  are
published  under  sub-section (1).

(5) The term of office of an outgoing President or Vice-President shall, notwithstanding
anything contained in sub-sections (2) and (3), be deemed to extend to and expire with
the  day  immediately  preceding  the  day  on  which  the  successor  President  or  Vice-
President,  as  the  case  may  be,  is  elected.

(6) An outgoing member, President or Vice-President, shall be eligible for re-election

or  re-nomination.

(7) Leave of absence may be granted by the Council to any member for a period not

exceeding  six  months.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

5

5.

(1)  Any  casual  vacancy,  previous  to  the  expiry  of  the  term,  in  the  office  of  the
President  or  Vice-President  or  of  a  member  elected  under  clause (b)  of  sub-section (3)
of section 3, caused by reason of death, resignation, disqualification or disability or any
other  reason,  shall  be  filled  by  election  :

Casual
vacancies.

Provided  that,  any  vacancy  in  the  office  of  an  elected  member  occurring  within  six
months  prior  to  the  date  on  which  the  term  of  office  of  all  the  members  expires,  shall
not  be  filled.

(2) Any casual vacancy, previous to the expiry of the term, in the Office of a member
nominated  under  clause (c)  of  sub-section (3)  of  section  3,  shall  be  reported  forthwith
by  the  Registrar  to  the  State  Government,  and  shall,  as  soon  as  possible  thereafter,  be
filled  by  the  State  Government  by  nomination.

(3) Any  person  elected  under  sub-section (1)  or  nominated  under  sub-section (2)  to
fill  a  casual  vacancy  shall,  notwithstanding  anything  contained  in  nominated  section 4,
hold  office  only  so  long  the  person  in  whose  place  he  is  elected  or  nominated  would
have  held  office,  if  the  vacancy  had  not  occurred.

6.

(1) The President or the Vice-President may at any time resign his office by notice
in writing addressed to the Council, and delivered to the Registrar. The resignation shall
take  effect  from  the  date  on  which  it  is  accepted  by  the  Council.

Resignation.

(2) An  elected  member  may  at  any  time  resign  his  office  by  a  notice  in  writing
addressed  to  the  President.  A  nominated  member  may  at  any  time  resign  his  office  by
notice  in  writing  addressed  to  the  State  Government.  Every  such  resignation  shall  take
effect from the date on which it is accepted by the President or, as the case may be, the
State  Government.

7.

(1)  A  person  shall  be  disqualified  for  being  elected  or  nominated  as,  and  for

continuing  as,  a  member,—

(a) if  he  is  an  undischarged  insolvent  ;
(b) if  he  is  of  unsound  mind,  and  stands  so  declared  by  a  competent  court  ;
(c) if  his name  has been  removed from  the Register  or List  and has  not been  re-

entered  therein  ;  or

(d) if  he  is  a  whole-time  officer  or  servant  of  the  Council  ;

(2) In  any  member  absents  himself  from  three  consecutive  meetings  of  the  Council,
without  leave  of  the  Council  or  without  such  reasons  as  may,  in  the  opinion  of  the
Council be sufficient, the Council may declare his seat vacant, and take steps to fill the
vacancy.

(3) If any member becomes or is found to be, subject to any of the disqualifications
mentioned in sub-section (1), the Council shall submit a report to the State Government,
and the State Government shall, if satisfied  that the member is disqualified, declare his
seat  vacant.

8.

(1)  The meetings  of the  Council shall  be convened,  held and  conducted in  such

manner  as  may  be  prescribed.

(2) The  President, when  present, shall  preside at every  meeting of  the Council.  If at
any meeting the President is absent, the Vice-President, and in the absence of both, any
other  member  elected  by  the  members  present  from  amongst  themselves,  shall  preside
at  such  meeting.

(3) All questions  at a  meeting of the Council shall be decided by  a majority  of votes.
(4)  In  case  of  an  equality  of  votes,  the  presiding  authority  at  a  meeting  shall  have

and  execrcise  a  second  or  a  casting  vote.

Disqualfica-
tion  and
disability.

Meetings  of
the  Council.

Proceedings
of  meetings
and  validity
of  acts.

Powers,
duties  and
functions  of
the  Council.

6

Maharashtra Nurses Act,1966

[1966 : Mah. XL

(5)  Eight  members  (including  the  President  and  the  Vice-President)  shall  form  a
quorum.  When  a  quorum  is  required  but  not  present,  the  presiding  authority  shall
adjourn  the  meeting  to  such  hour  on  some  future  day,  as  it  may  notify  on  the  notice-
board  at  the  office  of  the  Council  ;  and  the  business  which  would  have  been  brought
before the original meeting had there been a quorum thereat, shall be brought before the
adjourned  meeting,  and  may  be  disposed  of  at  such  meeting  or  any  subsequent
adjournment  thereof,  whether  there  be  a  quorum  present  or  not.

9.

(1)  The proceedings  of the  discussion  of every  meeting  of the  Council, shall  be
treated  as  confidential  ;  and  no  person  shall,  without  the  previous  resolution  of  the
Council,  disclose  any  portion  thereof  :

Provided  that,  nothing  in  this  section  shall  be  deemed  to  prohibit  any  person  from
disclosing  or  publishing  the  text  of  any  resolution  adopted  by  the  Council,  unless  the
Council  directs  such  resolution  also  to  be  treated  as  confidential.

(2)  No  disqualification  of  or  defect  in  the  election  or  nomination  of  any  person  as
a member, or as the President, or as the Vice-President, or as a presiding authority of a
meeting,  shall  of  itself  be  deemed  to  vitate  any  act  or  proceedings  of  the  Council  in
which such person  has taken part, whenever the  majority of persons who  are parties to
such  act  or  proceedings,  were  entiled,  to  vote.

(3)  During  any  vacancy  in  the  Council,  the  continuing  members  may  act,  as  if  no

vacancy  has  occurred  :

Provided  that  the  number  of  vacancies  shall  at  any  time  not  exceed  seven.
10. Subject  to  such  conditions  as  may  be  prescribed  by  or  under  the  provisions  of

this  Act,  the  powers,  duties  and  functions  of  the  Council  shall  be—

(a)  to  maintain  the  Register  and  the  List,  and  to  provide  for  the  registration  and

enlistment  of  nurses  ;

(b)  to  hear  and  decide  appeals  from  any  decision  of  the  Registrar  ;
(c)  to  prescribe  a  Code  of  Ethics  for  regulating  the  professional  conduct  of  nurses  ;
(d) to reprimand a registered or an enlisted nurse, or to suspend or remove him from
the Register or the List, as the case may be, or to take such other disciplinary action
against  him  as  may,  in  the  opinion  of  the  Council,  be  necessary  or  expedient  ;

(e)  to  hold  examinations  and  to  make  all  necessary  arrangements  for  such

examination  ;

(f)  to  prescribe  the  courses  of  training  leading  to  the  examinations  held  by  the

Council,  and  to  charge  fees  for  such  examinations  ;

(g)  to  prepare,  publish  and  prescribe  text-books  and  to  publish  statements  of

prescribed  courses  of  study  ;

(h)  to  grant  certificates  and  diplomas  and  marks  of  honour  ;
(i)  to  award  stipends,  scholarships,  medals,  prizes  and  other  rewards  ;
(j)  to  recognise  institutions  for  the  purpose  of  training  and  giving  instruction  for
the  courses  leading  to  the  examinations  held  by  the  Council,  or  to  cancel  such
recognition  ;

(k) to regulate  the conditions under which  institutions for the nursing  of the sick,

maternity  or  child  welfare  may  be  affiliated  to  the  Council  ;

(1)  to  provide  for  the  inspection  of  recognised  and  affiliated  institutions,  and  to

require  such  institutions  to  furnish  such  information  as  may  be  necessary  ;

(m)  subject  to  the  approval  of  the  State  Goverment,  to  receive  donations  and  to

determine  the  conditions  of  acceptance  of  donations  ;  and

(n) to exercise  such other powers  and perform  such other  duties and  functions as

are  laid  down  in  this  Act,  or  as  may  be  prescribed.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

7

Executive
Committees
and  other
Committees.

11.

(1)  The  Council  shall,  as  soon  as  may  be,  constitute  an  Executive  Committee
consisting of the President ex-officio, and such number of other members elected by the
Council  from  amongst  its  members,  as  may  be  prescribed.

(2) The term of office of, and the manner of filling casual vacancies among, and the
procedure  to  be  followed  by,  the  members  of  the  Executive  Committee,  shall  be  such
as  may  be  prescribed.

(3) In addition to the powers, duties and functions conferred, imposed and entrusted
by  this  Act,  the  Executive  Committee  shall  exercise  such  powers,  perform  such  duties,
and  discharge  such  functions,  of  the  Council  as  may  be  delegated  to  it  by  rules  or
entrusted  to  it,  from  time  to  time,  by  the  Council.

(4) The Council may, subject to any rules made in this behalf, from time to time, by
resolution  passed  at  a  meeting,  appoint  any  other  Committee  or  Committees  of  its
members consisting of such number of persons, on such terms and for performing such
functions  as  may  be  specified  in  the  resolution.

12.

(1) The Council shall constitute an Examination Board consisting of a Chairman
and  six  other  persons  elected  by  the  Council,  out  of  whom  three  shall  be  members  of
the  Council.  The  Chairman  of  the  Examination  Board  shall  be  a  person  with  such
qualifications  as  may  be  prescribed  :

Examination
Board.

Provided  that,  an  elected  member  of  the  Council  shall  continue  to  hold  office  of  a

member  of  the  Examination  Board  only  so  long  as  he  is  a  member  of  the  Council.

(2) The term of office of, and the manner of filling casual vacancies among, and the
procedure  to  be  followed  by,  the  members  of  the  Examination  Board  shall  be  such  as
may  be  prescribed.

(3)  It  shall  be  the  duty  of  the  Examination  Board  to  appoint  examiners,  to  conduct
examinations  held  by  the  Council  and  to  make  recommendations  to  the  Council  in
respect  of  the  courses  of  studies,  and  to  perform  such  other  duties  and  functions  in
connection  with  the  said  examinations  as  may  be  prescribed.

13. There  shall  be  paid  to  the  President,  Vice-President  and  other  members  of  the
Council and to the members of the Executive Committee and other Committees (if any)
appointed by the Council, and to the Chairman and members of the Examination Board
and of the appellate authority referred to in sub-section (4) of section 19, such fees and
allowances  for  attendance  at  meetings,  and  such  reasonable  travelling  allowances,  as
shall,  from  time  to  time,  be  prescribed.

Fee  and
allowances
for  meeting.

14.

(1)  The  income  of  the  Council  shall  consist  of—
(a) fees  received  under  this  Act  or  the  rules  or  by-laws  made  thereunder  ;
(b)  grants  received  from  the  State  Goverment,  if  any  ;  and
(c)  any  other  sums  received  by  the  Council.

Income  and
expenditure
of  the
Council.

(2)  It  shall  be  competent  for  the  Council  to  incur  expenditure  for  the  following

purposes,  namely  :—

(a) salaries  and  allowances  of  the  Registrar  and  the  staff  maintained  by  the

Council  ;

(b) fees  and  allowances  to  be  paid  to  the  members  of  the  Council  and  other

persons  mentioned  in  section  13  ;

(c) remuneration  to  be  paid  to  the  examiners  and  other  persons  appointed  by

the  Council  for  the  conduct  of  the  examinations  ;

(d) such other expenses as are necessary for performing its duties and discharging

its  functions  under  this  Act,  or  the  rules  or  by-laws  made  thereunder.

H  164-2

Registrar  of
the  Council,
and  his
duties  and
functions.

8

Maharashtra Nurses Act,1966

[1966 : Mah. XL

15.

(1)  The  Council  shall,  with  the  previous  sanction  of  the  State  Government,

appoint  a  Registrar.

(2) The  Executive  may,  from  time  to  time,  grant  leave  to  Registrar  :

Provided  that,  if  the  period  of  leave  does  not  exceed  one  month,  the  leave  may  be

granted  by  the  President.

(3) During any temporary vacancy in the office of the Registrar due to leave or any
other  reason,  the  Executive  Committee  may,  with  the  previous  sanction  of  the  State
Government  appoint  another  person  to  act  in  his  place  ;  and  any  person  so  appointed
shall, for the period of such appointment, be deemed to be the Registrar for the purposes
of this Act :

Provided  that,  when  the  period  of  such  vacancy  does  not  exceed  one  month,  the
appointment  may  be  made  by  President,  who  shall  forthwith  report  such  appointment
to  the  Executive  Committee  and  the  State  Government.

(4) The  Council  may,  with  the  previous  sanction  of  the  State  Government,  suspend,
dismiss  or  remove  any  person  appointed  as  the  Registrar,  or  impose  any  other  penalty
upon  him.

(5) Save  as  otherwise  provided  by  this  Act,  the  salary  and  allowances  and  other

conditions  of  service  of  the  Registrar  shall  be  such  as  may  be  prescribed.

(6) The Registrar shall be the Secretary and the Executive Officer of the Council. He
shall attend all meetings of the Council, and of all its Committees and of the Examination
Board, and shall keep minutes of the names of members present and of the proceedings
at  such  meetings.

(7) The  accounts  of  the  Council  shall  be  kept  by  the  Registrar,  in  the  prescribed

manner.

(8) The  Registrar  shall  have  such  supervisory  powers  over  the  staff  as  may  be
prescribed, and may perform such other duties and discharge such other functions as may
be  specified  in  this  Act  or  the  rules  or  by-laws  made  thereunder.

(9) The  Registrar  appointed  under  this  Act  shall  be  deemed  to  be  a  public  servant

within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

XLV  of
1860.

Other
employees  of
the  Council.

16.

(1) The Council may appoint such officers and servants, other than the Registrar,
as  it  may  deem  necessary  for  performing  its  duties  and  discharging  its  functions  under
this  Act  :

Provided  that,  the  number  and  designations  of  such  officers  and  servants  and  their
salaries  and  allowances  shall  be  determined  by  the  Council,  with  the  previous  sanction
of  the  State  Government.

(2) Notwithstanding  anything  contained  in  sub-section (1),  but,  subject  to  such
financial limit as may be laid down in this behalf by the Council, it shall be competent
for the Executive Committee to create temporary posts of clerks or servants and to make
appointments thereto, to meet any temporary increase in wrok, or to carry out any work
of  a  seasonal  character.

(3) The method or recruitment and the other conditions of service of the officers and

servants  of  the  Council  shall  be  such  as  may  be  prescribed.

(4) The officers and servants of the Council appointed under this Act shall be deemed

to  be  public  servants  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

XLV  of
1860.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

9

CHAPTER III.

REGISTRATION AND E NLISTMENT.

17.

(1) As soon as  may be after the  appointed day, the Registrar  shall prepare and
maintain thereafter a Register of nurses for the State, in accordance with the provisions
of this Act.

Preparation
of  Register.

(2) The  Register  shall  consist  of  five  parts,  one  for  each  Region.  It  shall  be  in  such
form,  and  may  and  may  be  divided  into  such  sections  as  may  be  prescribed.  It  shall
include  the  full  name,  address  and  qualification  of  the  registered  nurse,  the  date  on
which each qualification was obtained, and such other particulars as may be prescribed.

XLV-
III  of
1947.

(3)  (a) Any  person,  who  has  undergone  such  courses  of  training,  has  passed  such
examinations and fulfils such other conditions as may be prescribed, or any person who
possesses  any  of  the  qualifications  included  in  the  Schedule  to  the  Indian  Nursing
Council Act, 1947, shall, subject to any conditions laid down by or under the said Act,
at  any  time  on  an  application  made  in  the  prescribed  form  to  the  Registrar  and  on
payment of the prescribed fee and on presentation of his degree, diploma or certificate,
be  entitled  to  have  his  name  entered  in  the  Register  :

Povided that, the name of an applicant who is unable to present his degree, diploma
or  certificate  may  be  entered  in  the  Register,  if  he  satisfies  the  President  that  he  holds
such degree, diploma or certificate but cannot for sufficient cause present the same with
his  application.

(b)  Such  person  shall  specify  in  the  application  the  Region  in  which  he  desires  to

be  registered  and  shall  not  be  entitled  to  be  registered  in  more  than  one  Region  :

Provided that, if he fails to specify the Region in which he should be registered, the
Council    shall  have  the  power  to  enter  his  name  in  the  Region  in  which  his  address  is
situated and if no address in the State is given in such Region as the Council may, after
considering  all  other  particulars  submitted  by  the  applicant,  decide.

(4)  The  name  of  every  person—

Bom.
XIV
o f
1954.
C.  P.
and
Berar
XXIII
o f
1936.

(a) who on the day immediately preceding the appointed day stands entered in any
register  duly  kept  under  the  Bombay  Nurses,  Midwives  and  Health  Visitors  Act,  1954,
as  in  force  in  the  Bombay  area  of  the  State  ;  or

(b) who, on or after the 1st November 1956, being entered in any register other than
that  of dais  duly  kept  under  the  Central  Provinces  and  Berar  Nurses  Registration  Act,
1936, as in force in the Vidarbha region of the State, stands entered therein on the day
immediately  preceding  the  appointed  day,

shall  be  entered  in  the  Register  prepared  under  this  Act,  without  such  person  being

required  to  make  an  application,  or  to  pay  any  fee  for  this  purpose.

(5) (a)  The  name  of  every  person  who  on  the  day  immediately  preceding  the

appointed  day—

C. P. and
Berar
XXIII
of 19 36.

(i) stands entered in any register (other than that of dais) duly kept under the Central
Provinces  and  Berar  Nurses  Registration  Act,  1936,  as  in  force  in  the  Vidarbha  region
of the State (not being  a person already covered by the  last preceding sub-section)  ; or

10

Maharashtra Nurses Act,1966

[1966 : Mah. XL

(ii)  stands  entered  in  Part  I  of  any  register  duly  kept  under  the  Hyderabad  Nurses,
Midwives and Health Visitors Registration Act, 1951, as in force in the Hyderabad area
of  the  State,

Hyd.
XIX
o f
1951.

shall,  subject  to  the  provisions  of  clause (b),  be  entered  in  the  Register  kept  under
this  Act,  without such  person  being  required  to make  an  application,  or  to pay  any  fee
for  this  purpose.

(b) Notwithstanding anything contained in clause (a), within a period of three months
from the  appointed day  or such  further period as  the State  Government may  allow, the
Registrar  shall  publish  a  general  notice  in  the Official  Gazette  and  in  such  newspapers
as the Council may select, in such form as may be prescribed, and send individual notice
by registered post to every such person referred to in clause (a) at his last known address
in such form as may be prescribed, calling upon every such person to pay to the Registrar
in  the prescribed  manner  a fee  of  two rupees  if he  desires  to continue  his  name on  the
Register under this Act. The name of every such person who pays such fees before the
expiry  of  the  period  of  two  months  from  the  date  of  publication  of  the  general  notice
in  the Official  Gazette  shall  be  continued  on  the  Register  under  this  Act,  without  such
person  being  required  to  make  an  application  or  to  pay  any  other  fee  for  this  purpose.
If such fee is not paid within time, the Registrar shall remove the name of the defaulter
from  the  Register  :

Provided  that,  if  an  application  for  continuance  of  the  name  so  removed  is  made  to
the Registrar within a period of six months from the last date on which such fee should
have been paid, the name so removed may be re-entered in the Register on payment of
a  fee  of  five  rupees.

(6)  The  name  of  every  person  eligible  to  be  entered  in  the  Register  under  this  Act
under sub-section (4) or (5) shall be entered in the part relating to that Region in which
his address as given in the register under the repealed Act is situated, and if the address
is  not  situated  in  the  State,  the  Council  shall  have  the  power  to  enter  his  name  in  that
Region in which the repealed Act under which he was registered was in force or in such
other  Region  as  it  deems  fit.

(7) After the last date for payment of the fee of two rupees under clause (b) of sub-
section (5)  has  expired  and  the  Register  prepared  in  accordance  with  the  foregoing
provisions is ready, the Registrar shall publish a  notice in the Official Gazette and such
newspapers as the Council may select, about the Register having been prepared and the
Register shall come into force from the date of publication of such notice in the Official
Gazette.

(8) Every  registered  practitioner  shall  be  given  a  certificate  of  registration  in  the

prescribed  form.  Such  certificate  shall  be  valid  upto  the  date  specified  therein.

Temporary
registration.

18.

(1) Any person who desires to be registered temporarily under clause (b) of sub-
section (2)  of  section  11  of  the  Indian  Nursing  Council  Act,  1947,  shall  make  an
application, in the prescribed form to the Registrar and shall pay a fee of ten rupees. On
receipt of such application, the Registrar shall seek the approval of the President of the
Council  constituted  under  the  said  Act  for  temporary  enrolment  of  the  applicant  in  the
Register.

XL-
VIII
o f
1947.

(2) Every  person  whose  name  is  entered  in  the  Register  under  sub-section (1)  shall
be  given  a  certificate  of  temporary  registration  in  the  prescribed  form.  Such  certificate
shall  remain  in  force  for  such  period  as  may  be  specified  therein.

(3) Any person who possesses temporary registration under sub-section (1) shall not

be  eligible  to  stand  as  a  candidate  or  to  vote  at  any  election  held  under  this  Act.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

11

19.

(1) As soon as may be, after the appointed day, the Registrar shall, in accordance
with  the  provisions  of  this  Act,  prepare  and  maintain  thereafter  a  List  of  persons  not
entitled  to  registration  under  section  17,  but  who  have  been  practising  as  nurses.

Prepa rt ati on
of  list.

(2)  The  List  shall  contain–

(a) the  name  of  every  person  who  on  the  day  immediately  preceding  the  appointed

day  stood  entered--

(i)  as  a dai  in  the  register  duly  kept  under  the  Central  Provinces  and  Berar  Nurses

Registration  Act,  1936,  as  in  force  in  the  Vidarbha  region  of  the  State  ;

(ii)  in  Part  II  of  the  register  duly  kept  under  the  Hyderabad  Nurses,  Midwives  and
Health  Visitors  Registration  Act,  1951,  as  in  force  in  the  Hyderabad  area  of  the  State,

without such person being required to make an application or to pay any fee for this

purpose  ;

C.  P.
and
Berar
XXIII
o f
1936.
Hyd.
XIX
o f
1951.

(b) the name of every person whose case is not covered by clause (a) but who makes
an  application 1[on  or  before  the  14th  day  of  February  1971]  to  the  Registrar  in  the
prescribed  form  accompanied  by  a  fee  of  ten  repees  and  such  documents  as  may  be
prescribed  and  who  proves  to  the  satisfaction  of  a  Committee  appointed  under  sub-
section (3)  that  on  the  16th  day  of  September,  1966,  he  was  regularly  practising  as  a
nurse  in  any  part  of  the  State  and  fulfils  such  other  conditions  as  may  be  determined
by  the  Council.

(3)  All  applications  for  enlistment  under  sub-section (2) shall  be  considered  by  a
Committee  consisting  of  a  Chairman  and  two  other  members  of  the  Council  appointed
by  the  State  Government.

(4) Any  person  aggrived  by  the  decision  of  the  Committee  may,  within  a  period  of
one month from the date on which such  decision is communicated to him, on payment
of  a  fee  of  five  repees,  appeal  to  the  appellate  authority  constituled  by  the  State
Government in this behalf. The appellate authority shall consist of a Chairman who has
for at least seven years held judicial office not lower in rank than that of District Judge,
one  member  elected  by  the  Council,  and  one  officer  not  lower  in  rank  than  that  of
2[Deputy Director of Heath Services or of Medical Education and Research]. The decision
of  the  appellate  authority  shall  be  final.

(5) The  provisions  of  sub-section (2),  excluding  the  portion  relating  to  division  of
the  Register  into  parts,  and  of  sub-sections  (7)  and  (8)  of  section  17,  shall mutatis
mutandis  apply  to  the  List  prepared  under  this  section.

1 These  wrods,  figures  and  letters  were  substituted  for  the  words  ''within  a  period  of  two  years  from

the  appointed  day''  by  Mah.  17  of  1969,  s.  2.

2  These  words  were  substituted  for  the  words  ''Deputy  Director  of  Medical  Services  or  of  Public

Health''  by  Mah.  3  of  1973,  s.  3.  Sch.

12

Maharashtra Nurses Act,1966

[1966 : Mah. XL

Persons  not
entitled  to
registration
o r
enlistment.

20. Notwithstanding  anything  contained  in  sections  17,  18  and  19,  no  person,
whose  name  has  been  removed  from  any  register  or  list  kept  under  any  of  the  Acts
repealed  by  this  Act  or  any  other  law  for  the  time  being  in  force  in  India  or  any  part
thereof regulating registration of nurses on the ground of professional misconduct, shall
be entitled to have his name entered in the Register or the List kept under this Act, unless
his  name  is  duly restored  to  the  Register  or  the  List,  as  the  case  may  be,  from  which  it
was  so  removed  :

Provided  that,  where  the  name  of  any  person  was  so  removed  from  any  Register  or
list  kept  under  any  of  the  repealed  Acts,  on  an  Application  by  such  person,  his  name
may  be  entered  in  the  Register  or  List  under  this  Act,  if  the  applicant  is  otherewise
qualified to be registered or enlisted and sufficient cause is shown to the satisfaction of
the  Council  to  condone  the  misconduct.

Maintenance
of  Register
and  List.

21. (1) It shall be the duty of the Registrar to make entries in the Register from time
to  time,  to  revise  the  same  and  to  issue  certificates  of  registration  in  accordance  with
the provisions of this Act, and the rules made thereunder, and the orders of the Council.

(2) The names of registered nurses who die or whose names are directd to be removed

from  the  Register  under  section  23  shall  be  removed  therefrom.

(3) Any  person  whose  name  is  entered  in  the  Register  and  who  subsequent  to  his
registration desires to record in the Register any change in his name, shall, on application
made in this behalf and on payment of the prescribed fee, be entitld to have such change
in  his  name  recorded  in  the  Register.

(4) Subject to the provisisons of section 11of the Indian Nursing Council Act, 1947,
any person whose name is entered in the Register and who subsequent to his registration
obtains any recognised higher qualification, shall, on an application made in this behalf,
and on payment of the prescribed fee, be entitled to have an entry stating such qualification
made  against  his  name  in  the  Register.

(5) Where it is shown to the satisfaction of the Registrar that a certificate of registration
has been defaced, lost or destroyed, the Registrar may, on payment of the prescribed fee,
issue  a  duplicate  certificate.

(6) The  provisions  of  sub-sections  (1)  to  (5)  shall mutatis  mutandis  apply  to  the

maintenance  of  the  List  prepared  under  this  Act.

XLV-
III  of
1947.

Publication
of  Register
and  List.

22. (1)  At  such  time  after  the  publication  of  the  notice  under  sub-section  (7)  of
section 17  as  the  Council  deems  fit,  and  thereafter  every  five  years,  the  Registrar  shall
cause to be printed and published a correct nurses’ list of all persons for the time being
entered  in  the  Register.

(2) The Registrar shall cause to be printed and published annually on or before a date
to be decided by the Executive Committee, an addendum and a corrigendum to the list
published  under  sub-section (1), showing—

(a) the  names  of  all  nurses  for  the  time  being  entered  or  re-entered  in  the  Register

and  not  included  in  any  subsisting  list  already  printed  and  published  ;  and

(b) the  names  of  all  nurses  included  in  any  subsisting  list,  whose  names  have  since
been  removed  on  account  of  any  reason  whatsoever  from,  and  not  re-entered  in,  the
Register,  and

(e) any  other  amendments  to  the  subsisting  list.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

13

(3) The form of the list published under sub-section (1), the particulars to be included

therein,  and  the  manner  of  its  publication,  shall  be  such  as  may  be  prescribed.

(4) A  copy  of  the  list  referred  to  in  sub-section (1) shall  be  evidence  in  all  Courts,
and  in  all  judicial  or  quasi-judicial  proceedings,  that  the  presons  therein  specified  are
registered  according  to  the  provisions  of  this  Act,  and  the  absence  of  the  name  of  any
person from such copy shall be evidence, until the contrary is proved, that such person
is  not  registered  according  to  provisions  of  this  Act  :

Provided  that,  in  the  case  of  any  person whose  name  does  not  appear  in  such  copy,
a certified copy under the hand to the Registrar of the entry of the name of such person
on  the  register  shall  be  evidence  that  such  person  is  registered  under  the  provisions  of
this Act.

(5) The  provisions  of  sub-sections (1)  to (4)  shall mutatis  mutandis apply  to  the

publication  of  the  List  prepared  under  this  Act.

23. (1)  It  a  registered  nurse  has  been,  after  due  inquiry  held  by  the  Council  (or  by
the Executive Committee) in the prescribed manner, found guilty of any misconduct by
the  Council,  the  Council  may--

(a)  issue  a  letter  of  warning  to  such  nurse,  or
(b)  direct  the  name  of  such  nurse--
(i)  to  be  removed  from  the  Register  for  such  period  as  may  be  specified  in  the

Removal  of
names  from
the  Register
and  List.

direction,  or

(ii)  to  be  removed  from  the  Register  permanently  ;

Explanation.--For  the  purposes  of  this  section  ''misconduct''  shall  mean—

(i)  the  conviction  of  a  registered  nurse  by  a  criminal  court  for  an  offence  which
involves  moral  turpitude,  and  which  is  cognizable  within  the  meaning  of  the  Code  of
Criminal  Procedure,*  1898  ;  or

V  of
1898.

(ii) any conduct which, in the opinion of the Council, is infamous in relation to the
nursing profession, and particularly under any Code of Ethics prescribed by the Council
in  this  behalf.

(2) The Council may, on sufficient cause being shown, direct at any subsequent date
that the name of a nurse removed under sub-section (1) shall be re-entered in the Register
on  such  conditions,  and  on  payment  of  such  fee,  as  may  be  prescribed.

(3) Any person aggrieved by any order of the Council made under this section may,
within  three  months  from  the  date  on  which  the  order  is  communicated  to  him,  appeal
against such order to the State Government. The order of the State Government on any
such  appeal  shall  be  final.

(4) The provisions of sub-sections (1) to (3) shall mutatis mutandis apply to the nurses

included  in  the  List  maintained  under  this  Act.

24. (1)  Within  a  period  of  three  months  from  the  date  of  publication  of  the  notice
under sub-section  (7)  of section  17,  and  thereafter at  the  expiration  of every  five  years
from  that  date  within  a  period  of  three  months  from  such  expiration,  every  registered
nurse  shall  be  liable  to  apply  to  the  Registrar  and  to  pay  to  the  Counil  a  renewal  fee
of such amount as may be prescribed, for the continuance of her name on the Register.

Removal  of
registration
and
enlistment.

(2) (a) If  the renewal  fee is  paid on or  before the  due date,  the Registrar  shall issue
to  the  registered  nurse  a  renewal  slip  in  the  prescribed  form  specifying  the  date  up  to
which  the  validity  of  the  certificate  of  registration  has  been  extended.

*  See,  now,  the  Code  of  Criminal  Procedure,  1973  (II  of  1974).

14

Maharashtra Nurses Act,1966

[1966 : Mah. XL

(b) If the renewal fee is not paid by the due date, the Registrar shall remove the name
of the defaulting nurse from the Register. On such removal, the certificate of registration
issued  to  the  nurse  shall  be  deemed  to  have  been  cancelled  :

Provided  that,  the  name  so  removed  may  be  re-entered  in  the  Register  on  payment
of  the  outstanding  renewal  fee,  and  such  additional  fee  as  may  be  prescribed  in  this
behalf.  On  receipt  of  such  fees,  the  Registrar  shall  issue  a  renewal  slip  as  provided  in
clause (a).

(3)  The  provisions  of  sub-sections (1)  and (2)  shall, mutatis  mutandis,  apply  to  the

nurses  included  in  the  List  maintained  under  this  Act.

RECOGNITION OF TRAINING INSTITUTIONS AND AFFILIATION OF INSTITUTIONS.

CHAPTER IV.

Recognition
of  training
institutions.

25.

(1) The Council shall by its by-laws prescribe examinations to be held by it, the
qualifications for admission to such examinations, the courses of studies for such examina-
tions,  the  standard  of  passing,  the  certificates  or  any  other  like  awards  to  be  given  to
persons who pass the examinations, and such other matters in respect of such examinations
as may be necessary or expedient.

(2)  The Council  may,  in accordance  with  the by-laws  made  by it  in  this behalf  and
after inspection by its representative and holding such inquiry as it deems fit, recognise
any  insitution  for  training  nurses  for  the  examinations  of  the  Council.

(3) The Council may withdraw recognition from any such institution after its inspection
by a representative of the Council. The order of such withdrawal shall be in writing and
shall  be  served  in  the  prescribed  manner.

(4) Any person aggrieved by any order of the Council under this section may, within
three months from the date on which such order is communicated to him, appeal against
such  order  to  the  State  Government.  The  order  of  the  State  Government  on  any  such
appeal  shall  be  final.

(5) No school, hospital or other institution which is not recognised under this section
shall issue to any person a certificate or enter the name of any person in any document
purporting  to  show  that  such  person  is  qualified  by  reason  of  his  having  passed  any
examination or undergone any course of training to practise as a nurse, unless his name
is  registered  or  entered  in  the  List  under  this  Act.

(6) Any person who contravenes the provisions of sub-section (5) shall, on conviction,

be  punished  with  fine  which  may  extend  to  three  hundred  rupees.

Affiliation  of
institutions.

26. The Council may, in accordance with the by-laws made by it in this behalf and
after inspection by its representative and holding such inquiry as it deems fit, affiliate to it
any institution for the nursing of the sick, maternity or child welfare.

CHAPTER V.

NURSES ESTABLISHMENTS.

Regulation
of  nurses
establish-
ments.

27.

(1)  No  person  shall  carry  on  ony  nurses  establishment,  except    under  a  valid
licence granted by the licensing authority and in accordance with the terms and conditions
specified in such licence, which shall be such as may be approved by the Council.

(2)  Any  person  who  desires  to  carry  on  any  nurses  establishment  shall  apply  to  the
licensing authority for a licence before such date and in such manner and in such form

1966 : Mah. XL]

Maharashtra Nurses Act,1966

15

as may be prescribed. He shall along with the application pay to the licensing authority
the prescribed  fee, half  of which  shall be refunded  to him  if the  licence is  not granted.

(3) The licensing authority may, before granting such licence, impose such additional

conditions  as  it  may  think  fit  for  securing  the  proper  conduct  of  the  establishment.

(4) The licensing authority may, after giving an opportunity to the person concerned
of  being  heard,  refuse  to  grant  any  licence  or  revoke  any  licence  already  granted,  if--

(a) the  applicant or  the holder  of the licence  is under  twenty-one years,  or is  in its

opinion  not  a  suitable  person  to  hold  such  licence  ;  or

(b) the  premises  of  the  establishment  are  not  suitable  ;  or

(c) any offence under this section has been committed in respect of the establishment.

(5) Any person aggrieved by any of the conditions imposed by the licensing authority
or by the refusal or revocation of any licence under this section may appeal within three
months  of  such  imposition,  refusal  or  revocation  to  the  State  Government.  The
memorandum  of  appeal  shall  be  accompained  by  such  fee  as  may  be  prescribed.  The
decision  of  the  State  Government  on  such  appeal  shall  be  final.

(6)  The  licensing  authority  may  authorise  any  to  its  officers  to  perform  any  of  the

duties  conferred  on  it  by  this  section.

(7)  Any  officer  duly  authorised  by  the  licensing  authority  in  this  behalf  may  at  all
reasonable  times  enter  the  premises  specified  in  any  licence  or  application  for  licence
or any premises which are used, or which the officer has reasonable cause to believe are
used, for the purpose of, or in connection with, the nurses establishment and inspect the
premises  and  any  records  relating  to  such  establishment  as  may  be  kept  thereon.

(8)  The  Council  may  also  exercise  the  powers  of  entry  and  inspection  conferred  by
sub-section (7) through any of its officers authorised by it in this behalf. If the Council
is  of  opinion  that  in  any  case  the  licence  should  be  refused  or  revoked,  it  shall  report
the  matter  to  the  licensing  authoirity.  The  licensing  authority,  if  it  agrees  with  the
Council,  refuse  or  revoke  the  licence,  and  if  it  does  not  agree  with  the  Council,  report
the matter to the State Government. On receipt of such report, the State Government may,
after  making  such  inquiry  as  it  deems  fit,  pass  orders  refusing  or  revoking  the  licence.
The  orders  of  the  State  Government  in  the  matter  shall  be  final.

(9) Any person who contravenes the provisions of sub-section (1) shall, on conviction,
be  punished  with  fine  which  may  extend  to  two  hundred  and  fifty  rupees  for  the  first
offence and for any subsequent offence with simple imprisonment for a term which may
extend  to  six  months,  or  with  fine  which  may  extend  to  five  hundred  repees,  or  with
both.

(10)  Any  person  who  refuses  any  duly  authorised  officer  of  the  licensing  authority
or  any  such  officer  of  the  Council  to  enter  or  inspect  any  permises  or  to  inspect  any
records under sub-section (7) or (8), as the case may be, or obstructs such officer in the
exercise of his aforesaid powers shall, on conviction, be punished with fine which may
extend  to  fifty  rupees  for  the  first  offence  and  for  any  subsequent  offence  with  simple
imprisonment  for  a  term  which  may  extend  to  three  months,  or  with  fine  which  may
extend  to  one  hundred  rupees,  or  with  both.
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[1966 : Mah. XL

(11)  Any  person  who  makes  or  causes  to  be  made  or  knowingly  allows  to  be  made
any  entry  in  a  record  to  be  kept  under  this  section,  which  he  knows  to  be  false  in  any
material  particular  for  any  of  the  purposes  of  this  Act  or  who  makes,  produces  or
furnishes, or knowingly allows to be made, produced or furnished any statement, record
or information, which he knows to be false in any material particular for the purpose of
obtaining  licence  under  this  section  or  for  any  other  purpose  of  this  Act,  shall,  on
conviction,  be  punished  with  fine  which  may  extend  to  two  hundred  and  fifty  rupees
for the first offence and for any subsequent offence with imprisonment for a term which
may  extend  to  six  months,  or  with  fine  which  may  extend  to  one  thousand  rupees,  or
with  both.

CHAPTER VI.

NURSES ENTITLED TO PRACTISE, AND CONTROL OF LICENSING AUTHORITIES.

Persons  not
registered  or
on  the  List
not  to
practise  as
nurse.

28.

(1) No person other than a person registered under this Act or a person whose name
is entered in the List shall practise or hold himself out, whether directly or by implication,
as practising habitually or for personal gain, as a nurse.

(2)  Any  person  who  acts  in  contravention  of  the  provisions  of  sub-section (1)  shall,
on  conviction,  be  punished  with  fine  which  may  extend  to  one  hundred  rupees  for  the
first offence, to two hundred reupees for the second offence, and to three hundred rupees
for  any  subsequent  offence.

Conditions
on  practice
in  certain
areas.

29.

(1) Notwithstanding anything contained in section 28, a person whose name has
been  entered  in  the  List  shall  not  practise  as  a  nurse  in  an  area  within  the  limits  of  a
municipal  corporation  or  a  municipal  council  or  an  area  notified  under  sub-section (2)
unless he—

(a) has been in regular practice as a nurse for a continuous period of five years prior

to  the  date  on  which  this  section  has  come  into  force  in  such  area,  or

(b) has been in regular practice as a nurse for a continuous period of two years prior
to  the  date  on  which  this  section  has  come  into  force  in  such  area  and  produces  a
certificate  from  an  institution  signed  by  the  Matron,  Medical  Superintendent  or  other
responsible  officer  of  such  institution  that  such  person  has  received  the  training  as  a
nurse  in  the  prescribed  manner.

(2)  The  State  Government  may,  after  consultation  with  the Zilla  Parishad,  by
notification  in  the Official  Gazette,  direct  that  the  provisions  of  sub-section  (1)  shall
apply on such date as may be specified therein to any other area on the District, subject
to such  adaptations as  it may  consider suitable having  regard to  the local  conditions of
the  area.

Licensing
authority  to
exercise
general
supervision.

30.

(1)  Subject  to  the  provisions  of  the  Act  and  the  rules  made  by  the  State
Government and bye-laws made in this behalf by the Council, every licensing authority
shall exercise supervision and control over all nurses practising within the area under its
jurisdiction.

(2)  The  licensing  authority  may  authorise  any  of  its  officers  to  perform  any  of  the
duties  and  to  exercise  any  of  its  powers conferred  on  it  by  this  section  and  section  31.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

17

31.

(1) Every person registered under this Act or every person whose name has been
entered in the List, if he intends to continue to practise after the date on which this Chapter
comes into force in any area or if either of such persons intends to practise in such area as a
nurse, he shall give notice in writing to the licensing authority, and shall give a like notice
to the said authority in the month of January every five years thereafter during the period he
continues to practise within the said area.

Notice  to
licensing
authority
before
commence-
ment  of
practice.

(2) Every such notice shall contain such particulars and shall be in such form as may

be  determined  by  the  Council.

(3) Any person who fails to comply with the provisions of sub-section (1) or (2), shall,
on  conviction,  be  punished  with  fine  which  may  extend  to  twenty  five  rupees  for  the
first  offence,  to  fifty  rupees  for  the  second  offence  and  to  one  hundred  rupees  for  any
subsequent  offence.

(4)  Any  person  who  knowingly  or  wilfully  makes  or  causes  or  procures  any  other
person to make any false statement in any notice under this section shall, on conviction,
be  punished  with  fine  which may  extend  to  one hundred  rupees  for  the  first  offence,
to  two  hundred  rupees  for  the  second  offence  and  to  three  hundred  rupees  for  any
subsequent  offence.

CHAPTER VII.

MISCELLANEOUS.

Appeals
against
decisions
o f
Registrar.

Penalty
for
dishonest
use  of
certificate.

32. Any person aggrieved by any decision of the Registrar made under this Act may,
within a period of one month from the date on which the decision is communicated to him,
appeal to the Council, which shall hear and determine the appeal in the prescribed manner.

33. Any person who—

(a)  dishonestly  makes  use  of  any  certificate  of  registration  or  enlistment  issued

under  the  provisions  of  this  Act  to  him  or  to  any  other  person,

(b) procures or attempts to procure registration or enlistment 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)  wilfully  makes  or  causes  to  be  made  any  false  representation  in  any  matter
relating  to  the  Register  or  the  List  maintained  or  any  certificate  issued  under  the
provisions  of  this  Act,

shall,  on  conviction,  be  punished,—

(i)  for  the  first  offence,  with  fine  which  may  extend  to  two  hundred  and  fifty  rupees  ;

(ii)  for    any    subsequent    offence,    with    simple    imprisonment    for    a  term    which
may  extend    to  six  months,  or  with  fine  which  may  extend  to  five  hundred  repees,  or
with  both.

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Maharashtra Nurses Act,1966

[1966 : Mah. XL

Penalty  for
unlawful
assumption
of  title  of
registered  or
enlisted
nurse.

34. Any person who, not being a registered or enlisted nurse, takes or uses the name or
title of registered or enlisted nurse, or uses any name, title, description, prescribed uniform,
object or sign-board with the intention that it may be belived, or with knowledge that it is
likely to be belived that such person is registered or, as the case may be, an enlisted nurse,
shall, on conviction, be punished—

Offences  by
companies.

Court
competent  to
try  offences
under  this
Act.

Indemnity  to
persons
acting  under
the  Act.
Rules.

(a)  for  the  first  offence,  with  fine  which  may  extend  to  one  hundred  rupees  ;
(b)  for  any  subsequent  offences,  with  simple  imprisonment  for  a  term  which  may
extend to three months,  or with fine which may extend to two  hundred rupees, or with
both.

35.

(1) If the person committing an offence under section 25 or 27 is a company, every
person who at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of business by the company, as well as the company, shall be
deemed  to  be  guilty  of    the  offence    and    shall  be  liable  to  be  proceeded  against  and
punished  accordingly  :

Provided that, nothing contained in this sub-section shall render any such person liable
to  such  punishment  provided  in  this  Act  if  he  proves  that  the  offence  was  committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.

(2)  Notwithstanding  anything  contained  in  sub-section (1),  where  an  offence  under
section 25 or 27 has been committed with the consent or connivance of, or is attributable
to any negligence on the part of, any director, manager, secretary or other officer of the
company,  such  director,  manager,  secretary  or  other officer  shall  also  be  deemed  to  be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For  the  purposes  of  this  section,—

(a)  ''company''  means  a  body  corporate  and  includes  a  firm  or  orher  association  of

individuals  ;  and

(b)  ''director''  in  relation  to  a  firm  means  a  partner  in  the  firm.

36. No Court other than a Presidency Magistrate or a Magistrate of  the First Class shall

take cognizance of or try any offence under this Act.

37. No  suit,  prosecution  or  other  legal  proceedings  shall  be  instituted  against  any
person for anything which is in good faith done or intended to be done under this Act or
under the rules or bye-laws made thereunder.

38.

(1)  The  State  Government  may,    by  notification  in  the   Official  Gazette,    and
subject    to the condition of 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, such

rules  may  provide  for  all  or  any  of  the  following  matters,  namely  :—

(a) under section 3, the preparation and publication of electoral rolls for elections
under paragraphs (ii), (iii), (iv) and (vii) of clause (b) of sub-section (3) of section 3
and  the  time,  place  and  manner  of  holding  elections  of  the  members,  President  and
Vice-President ;

(b)  under  section  8,  the  manner  of  convening  holding  and  conducting  meetings

of  the  Council  ;

1966 : Mah. XL]

Maharashtra Nurses Act,1966

19

(c)  under  section  10,  the  other  powers,  duties  and  functions  of  the  Council  ;
(d) under section 11, the number of members of the Executive Committee, their term
of office, manner of filling casual vacancies, procedure to be followed and other powers,
duties  and  functions  of  that  Committee ;

(e)  under  section  12,  the  qualifications  which  the  Chairman  of  the  Examination
Board shall have, the term of office of members of the Board and manner of filling casual
vacancies,  procedure  to  be  followed  and  other  duties  and functions  of  the  Board ;

(f)  under  section  13,  the  fees  and  allowances  to  be  paid  to  the  President, Vice-

President,  members  and  other  persons  ;

(g)  under  section  15,  the  salary,  allowances  and  other  conditions  of  service  of  the
Registrar, and the manner of keeping accounts and supervisory powers and other duties
and  functions  of  the  Registrar  ;

(h)  under  section  16,  the  method  of  recruitment  and  other  conditions  of  service  of

the  staff  of  the  Council  ;

(i) under section 17, the form of Register, sections into which it shall be divided and
particulars it  shall  include, courses of tranining and examinations  entitling a  person to
registration,  forms  of  application  and  of  general  and  individual  notices,  manner  of
paying  fee  of  two  rupees  and  form  of  registration  certificate  ;

(j)  under  section  18,  the  form  of  application  for  temporary  registration  and  of

certificate  of  such  registration  ;

(k) under section 19, the form of List, sections (if any) into which it shall be divided
and other particulars it shall include, forms of appliction and of general and individual
notices,  manner  of  paying  fee  of  two  rupees  and  form  of  certificate  of  enlistment  ;

(l)  under  section  21,  the  fee  for  recording  change  of  name  or  recognised  higher
qualification  in  the  Register  or  List  or  for issue  of  duplicate  certificates  of  registraion
or  enlistment  ;

(m) under section  22,  the form of List of registered  and enlisted nurses, particulars

to  be  included  and  manner  of  publication  ;

(n) under section 23, the manner of holding inquiries and conditions and fee payable

for  re-entering  the  name  in  the  Register  and  List  ;

(o)  under  section  24,  the  renewal  fee  for  continuance  of  names  on  the  Register  or
List, form of renewal slip and additional fee to be paid for failure to pay renewal, fee
in  time  ;

(p)  under  section  27,  the  form  of  application  for  licence  for  nurses  establishment,
date before which, manner in which and fee with which such application may be made ;
(q) under section 32, the manner of hearing and determining appeals to the Council ;
(r)  any  reasonable  fees  which  may  be  levied  by  the  Council  in  addition  to  those

expressly  provided  for  in  this  Act  ;

(s)  any  other  matter  which  is  to  be  or  may  be  prescribed  under  this  Act.

(3) Every rule made under this section shall be laid, as soon as may be, after it is made,
before  each  House  of the  State  Legislature  while  it  is  in  session for  a  total  period  of
thirty days  which  may  be  comprised  in  one  session  or  in  two  successive  sessions,  and
if,  before  the  expiry  of  the  session  in  which  it  is  so  laid  or  the  session  immediately
H-164-4

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Maharashtra Nurses Act,1966

[1966 : Mah. XL

following,  both  Houses  agree  in  making  any  modification  in  the  rule  or  both  Houses
agree  that  the  rule  should  not  be  made,  the  rule  shall  from  the  date  of  publication  of
a notification in the Official Gazette of such decision, have effect only in such modified
form or be of no effect, as the case may be ; so however that any such modification  or
annulment  shall  be  without  prejudice  to  the  validity  of  anything  perviously  done  of
omitted  to  be  done  under  that  rule.

By-laws.

39.

(1) The Council may, with the previous sanction of the State Government, make
by-laws, not inconsistent with the provisions of this Act or the rules made thereunder, for
the following matters, namely :—

(a) the examinations to be held by it ;

(b) the qualifications for admission to and the courses of studies for the examinations ;

(c) the standard of passing ;

(d) the certificate, diploma or other like awards to be conferred upon those who pass the

examinations, and manner of conferring such awards ;

(e) the conditions of appointment of examiners, paper-setters, moderators and other
persons appointed and remuneration to be paid to them for the conduct of examinations
and the fees to be charged in connection with the examinations ;

(f) the conditions for affiliation of institutions ;

(g) the conditions for recognition of institutions ;

(h) the number of students to be admitted to recognised institutions ;

(i) the language in which instructions shall be given in recognised institutions ;

(j) such other matters as may be necessary for the exercise of the powers and perfor-

mance of duties and functions by the Council under this Act.

(2)  The  State  Government  on  receiving  the  draft  by-laws  may  sanction  or  refuse  to
sanction the same, or sanction subject to such modifications as it may think fit, or return
them  to  the  Council  for  further  consideration.

(3)  All  by-laws,  when  sanctioned,  shall  be  published  in  the Official  Gazette  by  the

State  Government.

(4) The State Government may, by notification in the Official Gazette, cancel any by-

law.

40.

(1) If at any time it appears to the State Government that the Council of its Presi-
dent or Vice-President has failed to exercise, or has exceeded or abused any of the powers
conferred upon it or him by or under this Act, or has ceased to function, or has become
incapable of functioning, the State Government may, if it considers such failure, excess,
abuse or incapacity to be of a serious character, notify the particulars thereof to the Council
or the President or the Vice-President, as the case may be. If the Council or the President or
the Vice-President fails to remedy such failure, excess, abuse or incapacity within such
reasonable time as the State Government may fix in this behalf, the State Government may
remove the President or the Vice-President or dissolve the Council, as the case may be, and
in case of dissolution of the Council  cause all or any of the powers, duties and functions of
the  Council  to  be  exercised,  performed  and  discharaged  by  such  persons  and  for  such
period not exceeding two years,  as it may think fit, and shall take steps to constitute, a new
Council.

Control  of
State
Government.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

21

(2) Notwithstanding anything contained in this Act, or in the rules made thereunder,
if at any time it appears to the State Government that the Council or any other authority
empowered to execrcise any of the powers or to perform any of the duties or functions
under this Act, has not been validly constituted or appointed, the State Government may
cause  any  of  such  powers,  duties  or  functions  to  be  exercised  or  performed  by  such
persons,  in  such  manner  and  for  such  period  not  exceeding  six  months  and  subject  to
such  conditions,  as  it  may  think  fit.

CHAPTER VIII.

REPEAL AND TRANSITIONAL PROVISIONS.

41.

(1) Subject to the provisions of this Chapter, on the appointed day,—

(a) the Bombay Nurses, Midwives and Health Visitors Act, 1954, in its application to

the Bombay area of the State ;

(b) the Central Provinces and Berar Nurses Registration Act, 1936, in its application to

the Vidarbha region of the State ;

Repeal
and
saving.

(c) the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, in its

application to the Hyderabad area of the State ,

shall stand repealed.

(2) Notwithstanding the repeal of the laws by sub-section (1), but until the first rules
and by-laws are duly made under this Act, all rules made by the State Government and
all  by-laws  made  by  the  Council  under  the  Bombay  Nurses,  Midwives  and  Health
Visitors Act, 1954, and in force in the Bomaby area of the State immediately before the
appointed day, which are not inconsistent with the provisions of this Act, shall as from
that day be in force throughout the State as rules made by the State Government, or as
the case may be, by-laws made by the Council, under this Act, as if the power to make
such  rules  and  by-laws  were  given  by  this  Act.

(3) The registers duly kept or maintained or deemed to be kept and maintained under
the  laws  so  repealed  (excluding  that  part  of  the  register  duly  maintained  under  section
10 of  the Central  Provinces and Berar  Nurses Registration Act,  1936, in  its application
to  the  Vidarbha  region  of  the  State,  which  relates  to  the dais,  and  excluding  Part  II  of
the  register  duly  maintained  under  section  II  of  the  Hyderabad  Nurses,  Midwives  and
Health  Visitors  Registration  Act,  1951,  in  its  application  to  the  Hyderabad  area  of  the
State)  which  are  in force  immediately  before  the  appointed  day,  shall be  deemed  to  be
the  Registers  prepared  under  this  Act,  until  the  Register  preparred  under  section  17
comes  into  force  under  sub-section (7)  thereof.

(4) That part of the register duly maintained under section 10 of the Central Provinces
and Berar Nurses Registraion Act, 1936, in its application to the Vidarbha region of the
State, which relates to the dais, and Part II of the register duly maintained under section
11 of the Hyderabad Nurses, Midwives and Health Visitors Registation Act, 1951, in its
application  to  the  Hyderabad  area  of  the  State,  which  are  in  force  immediately  before
the appointed day, shall be deemed to be the Lists prepared under this Act, until the List
prepared  under  section  19  comes  into  force  under  sub-section (5)  thereof.

Bom.
XIV
1954.

C.P.
and
Berar
XXIII
of 1936.

Hyd.
XIX
of 1951.

Bom.
XIV
o f
1954.

C. P.
and
Berar
XXIII
of 1936.
Hyd.
XIX
of 1951.

C.P.
and
Berar
XXIII
of 1936.
Hyd.
XIX
of 1951.

Dissolution
of  Councils
under  the
repealed
laws  and
constitution
of  new
Council.

Bom.
XIV
1954.
C.P.
and
Berar
XXIII
o f
1936.

Bom.
XIV
o f
1954.

C.P.
and
Berar
XXIII
of 1936.
Hyd.
XIX
o f
1951.

22

Maharashtra Nurses Act,1966

[1966 : Mah. XL

(5) Any institution which was approved or recognised or affiliated, or deemed to be
approved,  recognised  or  affiliated  under  the  Bombay  Nurses,  Midwives  and  Health
Visitors Act, 1954, or the Central Provinces and Berar Nurses Registration Act, 1936, and
the  approval,  recognition  or  affiliation  of  which  was  in  force  immediately  before  the
appointed  day,  shall  on  the  same  terms  and  conditions,  continue  threreafter  to  be
recognised  by  or  affiliated  to  the  Council  under  this  Act,  until  the  recognition  or
affiliation,  as  the  case  may  be,  is  duly  withdrawn.

(6)  Anything  done  or  any  action  taken  (including  any  appointment  or  application
made, notification, order or direction issued or fee levied or certificate or notice given)
under  any  of  the  laws  so  repealed  shall,  in  so  far  as  it  is  not  inconsistent  with  the
provisions of this Act, and unless the State Government otherwise directs, be deemed to
have  been  made,  issued,  levied  or  given  under  the  relevant  provisions  of  this  Act,  and
be  in  force  accordingly,  unless  and  until  superseded  by  anything  done  or  any  action
taken  under  this  Act.

42. (1) With effect from the appointed day,—

(a) the Council constituted under the Bombay Nurses, Midwives and Health Visitors

Act, 1954,  as in force in the Bombay area of the State,

(b) the Council constituted under the Central Provinces and Berar Nurses Registra-

tion Act, 1936, as in force in the Vidarbha region of the State, and

(c) the Council deemed to be constituted under the Hyderabad Nurses, Midwives and

Health Visiton Registration Act, 1951, as in force in the Hyderabad area of the State,

shall stand dissolved and the members shall vacate office.

(2) Notwithstanding anything contained in section 3, the State Government shall, on
the  appointed  day,  by  notification  in  the Official  Gazette,  constitute  a  Council  in  the
manner  specified  in  sub-section  (3)  of  section  3  :

Provided  that,  the  members  to  be  elected  under  clause (b)  of  that  sub-section  shall
also  be  nominated  by  the  State  Government  from  among  the  persons  qualified  to  be
elected  under  the  relevant  clause  of  that  sub-section.

(3) The President and the Vice-Preident of the Council constituted under sub-section
(2) shall, notwithstanding anything contained in sub-section (4) of section 3, be nominated
by  the  State  Government.

(4)  The  Council  constituled  under  this  section  shall  be  deemed  to  be  a  Council
constituted  under  section  3,  and  the  President,  the  Vice-President  and  the  members  of
the  Council  shall,  notwithstanding  anything  contained  in  section  4,  hold  office  for  a
period  of  three  years  from  the  date  of  publication  of  the  notification  under  sub-section
(2)  or  till  a  Council  is  duly  constituted  in  accordance  with  the  provisions  of  section  3,
whichever  is  earlier  :

Provided  that,  the  period  of  three  years  may  be  extended  by  the  State  Government
by  a  further  period  not  exceeding  one  year  at  a  time,  and  two  years  in  the  aggregate.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

23

(5) If a vacancy previous to the expiry of the term occurs in the office of the President,
the  Vice-President  or  a  member  of  the  Council  constituted  under  sub-section  (2)  by
reason  of  death,  resignation,  removal,  disqualification  or  disability  of  such  President,
Vice-President or member or due to any other reason, the vacancy shall be filled by the
State  Government  by  nomination  of  any  other  qualified  person,  and  the  person  so
nominated shall hold office for the unexpired portion of the term of the member in whose
place  he  is  nominated.

Bom.
XIV
1954.

43.

(1)  The  Registrar  appointed  under  the  Bombay  Nurses,  Midwives  and  Health
Provision regarding Registrars Visitors Act, 1954, and holding office immediately before
the appointed day shall, as from that date, be deemed to be appointed as the Registrar under
this Act, on the same terms and  conditions as were applicable to him immediately before
that day, until they are varied by a competent authority under this Act.

Provision
regarding
Registrars.

(2) The Registrar appointed under the Central Provinces and Berar Nurses Registration
Act, 1936, and holding office immediately before the appointed day, shall cease to hold
office on that day.

C.P.
and
Berar
XXIII
o f
1936.

(3) The Registrar who ceases to hold office under sub-section (2) shall be entitled to
receive from the Council such provident fund and gratuity or other retirement benefits as he
would have  been entitled  to receive, if  he had  retired from the  service of  the dissolved
Council  and  such    additional    benefits  (if  any)  as  the  Council  may,  with  the  previous
approval of the State Government, sanction.

44.

Save  as  otherwise  provided  by  or  under  this  Act  and  unless  there  is  anything

repugnant in the subject or the context—

Vesting  of
rights,  duties,
etc.

(1) all rights of the Councils dissolved under section 42 (hereinafter in this section
referred to as '' the dissolved Councils'') shall, on the appointed day, vest in the Council
constituted under section 42 (hereinafter in this section referred to as ''the Council''),

(2) all the property moveable or immovable which on the day immediately preceding
the  appointed  day  vested  in  the  dissolved  Councils  shall,  subject  to  all  limitations  and
conditions as were in force on that day, vest in the Council,

(3)  all  sums  due  to  dissolved  Council  on  any  account  shall  be  recoverable  by  the
Council, which shall be competent to take any measures or institute any proceedings which
it would have been open to the dissolved Council to take or institute if this Act had not
come into operation.

(4)  all  debts,  liabilities  and  obligations    incurred    by  or  on  behalf  of  a  dissolved
Council,  before  the  appointed  day  and  subsisting  immediately  before  that  day,  shall  be
deemed to have been incurred by the Council in exercise of the powers conferred on it by
this Act shall continue in operation accordingly,

(5) all proceedings and matters pending before any authority or officer immediately
before the appointed day under any of the laws repealed under section 41 shall be deemed
to  be  tranferred  to  and  continued    before    the  corresponding  authority  under  this  Act
competent to entertain such proceedings and matters,

24

Maharashtra Nurses Act,1966

[1966 : Mah. XL

(6) all prosecutions instituted by or on behalf of or against a dissolved Council and all
suits  and  other  legal  proceedings  instituted  by  or  on  behalf  of  or  against  any  dissolved
Council or any officer of such Council on behalf of the dissolved Council, pending on the
appointed day, shall be continued by or against the Council.

(7) all officers and servants (other than the Registrars) of the Councils dissolved under
sub-section (1) of section 42 holding office  immediately before the appointed day, shall be
deemed  to  be  the  officers  and  servants  appointed  to  serve  the  Council  and  shall,  until
provision is otherwise made in accordance with the provisions of this Act, receive salaries
and allowances and be subject to the conditions of service or retirement benefits to which
they were entitled to or subject to on the day immediately preceding the appointed day :

Provided that, the sevice rendered by such officers and  servants before the appointed

day shall be deemed to be service rendered under the Council :

Provided further that, nothing in this clause shall be deemed to prevent the Council,
after the appointed day, from passing in relation to any such officer or servant any order
terminating his service on payment of such reasonable amount by way of compensation as
it may, with the previous approval of the State Government, determine.

(8) any reference in any law or in any instrument to any dissolved Council shall be
construed  as  a  reference  to  the  Council,  and  such  law  or  instrument  shall  apply  to  the
Council.

Power  to
remove
difficulties.

45.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the  State
Government may, as occasion requires, but not later than two years from the appointed day,
by order, do anything which is not incosistent with the purposes of this Act which appears
to it necessary or expedient for the purpose of removing the difficulty.

1966 : Mah. XL]

Maharashtra Nurses Act,1966

25

SCHEDULE

(See clause (p)  section  2)

Name  of  the  Region

1

I. Greater  Bombay  Region

II. Bombay  Region

III. Poona  Region

IV. Nagpur Region

..

..

..

..

Areas  comprised  in  the
Region
2

Greater Bombay.

(i) Dhulia  District.

(ii) Jalgaon  District.

(iii) Kolaba  District.

(iv) Nashik  District.

(v) Ratnagiri  District.

(vi) Thane  District.

(i) Ahmadnagar District.

(ii) Kolhapur  District.

(iii) Poona  District.

(iv) Sangli  District.

(v) Satara District.

(vi) Sholapur  District.

(i) Akola  District.

(ii) Amravati District.

(iii) Bhandara  District.

(iv) Buldana  District.

(v) Chanda  District.

(vi) Nagpur District.

(vii) Rajura  District.

(viii) Wardha District.

(ix) Yavatmal District.

V. Aurangabad Region

..

(i) Aurangabad  District.

(ii) Beed  District.

(iii) Nanded  District.

(iv) Osmanabad District.

(v) Parbhani District.

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