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The Maharashtra Nurses Act, 1966

(Maharashtra Act No. 40 of 1966)

Last Updated 23rd March, 2021 [mh178]

Chapter I

Preliminary

(b) The remaining provisions of this Act (except Chapters V and VI) shall come into force on such [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.

(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; [or, as the case may be, affiliated to the Maharashtra State Board of Nursing and Paramedical Education in accordance with the provisions of the Maharashtra State Board of Nursing and Paramedical Education Act, 2013 and the bye-laws made thereunder;]

(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) * * *];

(f) "Executive Committee" means the Executive Committee of the Council constituted under section 11;

(g) "institution" includes any association, which maintains or controls a 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:

(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 a 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 provide 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; [or, as the case may be, recognized by the Maharashtra State Board of Nursing and Paramedical Education in accordance with the provisions of the Maharashtra State Board of Nursing and Paramedical Education Act, 2013 and the bye-laws made thereunder;]

(p) "Region" means the area comprised in each of the [* * *] 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,

Chapter II

Constitution, Functions and Powers of the Council

(a) ex-officio members-

[[(i) the Assistant Director of Health Services (Nursing);]

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

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

[(iv) the Superintendent of Nursing Services, Municipal Corporation of Brihan Mumbai;]

(b) elected members,-

[(i) [two members], from each of the three Regions, to be elected by the nurses registered in. the Register under the relevant Region, from amongst themselves;]

[(ii) * * *;]

[(iii) one member, to be elected by matrons of the affiliated institutions, from amongst themselves;]

[(iv) one member, [***] to be elected by the sister tutors and clinical instructors of the affiliated institutions, from amongst themselves;]

[(v) one member, to be elected by the State Branch of the Trained Nurses Association of India;]

(ix) one member, to be elected by the Trained Nurses Association of India (Maharashtra State Branch), from amongst themselves;]

[(c) nominated members, -

(v) one from sister tutors or clinical instructors from the recognized nursing institutions of the State.]

(a) if he is an undischarged insolvent;

(b) if he is of unsound mind, and stands declared by a competent court;

(c) if his name has been removed from the Register-or List and has not been re-entered therein; [***]

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

[(e) if he ceases to be eligible in the category from which he was elected; or

(f) if he or his family member is owner or partner of any nursing establishment, in any form whatsoever.]

(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) * * *];

[(f) * * *];

[(g) * * *];

[(h) * * *];

[(i) * * *];

[(j) * * *];

[(k) * * *];

[(l) * * *];

(m) subject to the approval of the State Government, 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, as may be prescribed.

(a) fees received under this Act or the rules or by-laws made thereunder;

(b) grants received from the State Government, if any; and

(c) any other sums received by the Council.

(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) * * *];

(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.

Chapter III

Registration and Enlistment

(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:

(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,

(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

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

(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 prescribed manner a fee of [five hundred 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 feel is not paid within time, the Registrar shall remove the name of the defaulter from the Register:

(a) the name of every person who as the day immediately preceding the appointed day stood entered-

(i) as a dais 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.

(b) the name of every person whose case is not covered by clause (a) but who makes an application [on or before the 14th of February 1971.] to the Registrar in the prescribed form accompanied by a fee of ten rupees and such document 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 practicing as a nurse in part of the State and fulfils such other conditions as may be determined by the Council.

(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

(c) any other amendments to the subsisting list.

(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 direction, or

(ii) to be removed from the Register permanently;

(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

(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.

(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:

[Chapter IV

Deleted]

Chapter V

Nurses Establishments

(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.

Chapter VI

Nurses Entitled to Practice, and Control of Licensing Authorities

(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.

Chapter VII

Miscellaneous

(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,

(i) for the first offence, with fine which may extend to [five thousand rupees] ;

(ii) for any subsequent offence, with simple imprisonment for a term which may extend to [one year], or with fine which may extend to [ten thousand rupees,] or with both.

(a) for the first offence, with fine which may extend to [five thousand rupees];

(b) for any subsequent offences, with simple imprisonment for a term which may extend to [six months], or with fine which may extend to [ten thousand rupees,] or with both.

(a) "company" means a body corporate and includes a firm or other association of individuals; and

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

(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;

(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) * * *];

(f) under section 13, the fees and allowance 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 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 training 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;

[(j-1) under section 18A, the form of application for reciprocal registration, fees therefor and form of certificate of reciprocal 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 application and of general and individual notices, manner of paying fee of [one thousand rupees] and form of certificate of enlistment;

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

Chapter VIII

Repeal and Transitional Provisions

(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;

(c) the Hyderabad Nurses, Midwives and Health Visitors Registration Act, 1951, in its application to the Hyderabad area of the State;

(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 Registration 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 Visitors Registration Act, 1951, as in force in the Hyderabad area of the State.

(1) all rights of the Councils dissolved under section 42 (herein after 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 immoveable 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 a 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 and 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 transferred to and continued before the corresponding authority under this Act competent to entertain such proceedings and matters.

(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 or 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:

(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.

[Schedule]

[See clause (p) of section 2]

Notifications