Bare Acts Live

The Maharashtra State Board of Nursing and Paramedical Education Act, 2013

Maharashtra Act No. 23 of 2013

MH264

Chapter I

Preliminary

(a) "appointed day" means the date on which the remaining provisions other than section 1 of this Act come into force under sub-section (3) of section 1;

(b) "Board" means the Board established under section 3;

(c) "bye-laws" means the bye-laws made by the Board under section 46;

(d) "college or school" means an institution imparting diploma or post-diploma or advanced diploma in hospital administration and management or nursing and Paramedical Education recognized by the Board under this Act;

(e) "Diploma Level Education" means such nursing and Paramedical Education which follows Revised Auxiliary Nurse Midwifery, Revised General Nursing Midwifery and Post Certificate Diploma Courses, and Paramedical courses or Hospital Administration and Management or any other education specified by the Board excluding the degree courses and post graduate diplomas;

(f) "Director" means the Director of the Board appointed under sub­section (1) of section 6;

(g) "examination" means one or more examinations conducted by the Board;

(h) "Government" means the Government of Maharashtra;

(i) "Governing Council" means the Governing Council of the Board established under section 8;

(j) "Head of Institution" or "Principal" means the head of the teaching staff of a nursing and paramedical diploma level institution or college or school, by whatever name designated;

(k) "Paramedical Education" means any degree, diploma or certificate in any paramedical qualification by whatever name called, granted by any University established by or under any law for the time being in force or any other institution, college or school recognized by the Government;

(I) "prescribed" means prescribed by regulations made under this Act;

(m) "Region" means the area comprised in each of the three regions as specified in Schedule I appended to this Act;

(n) "Registrar" means the Registrar of the Board;

(o) "regulations" means the regulations made by the Government under section 45 and by the Board under section 44;

(p) "Teacher" means a member of the nursing and paramedical teaching staff other than the Principal or the Head of Institution.

Chapter II

Establishment and Constitution of the Board and Governing Council

(a) the Director of the Board as a Chairman:

(b) the State Nursing Superintendent as a Member;

(c) the Registrar as a Member-Secretary; and

(d) the Director, Board of Apprenticeship Training (Western Region), Government of India, Ministry of Human Resource Development;

(e) the following members shall be nominated by the Government, namely:-

(A) one Principal from the Government Nursing Colleges in the State;

(B) two members from amongst the Principals and Head of Institutions, one from Government institution and another from the Municipal Corporation Institution and among these, at least one shall be a woman;

(C) two members of whom one shall be from nursing Teachers and one from paramedical Teachers from the Government diploma colleges or schools under the Directorate of Medical Education and Research and Directorate of Health Services;

(D) one representative of each Region who shall have minimum qualification of Post Graduation in the nursing or Paramedical Education field and minimum five years' experience in such field:

(a) if he directly has any share or interest in any work done by order of, or in any contract entered into on behalf of, the Board;

(b) if he is a person against whom an order for removal from office has been made under section 12:

(a) has been convicted by a Court in India for any offence involving moral turpitude; or

(b) is an un-discharged insolvent; or

(c) has been declared as a person with disability and certified as being unable to discharge the functions of the Board or as the case may be, the Committee by such medical authority as the Government may specify; or

(d) is of unsound mind and stands so declared by a competent Court; or

(e) is acting in a way detrimental to the aims and objects of the Board:

Provided that, no such recommendation shall be made by the Board or no order shall be made under clause (e), unless he has been given a reasonable opportunity of showing cause why such recommendation or order should not be made.

(a) Academic Committee;

(b) Finance Committee;

(c) Course Committees, not exceeding 20;

(d) Equivalence Committee;

(e) Special Committee.

(a) such staff gives option, within the prescribed time limit to continue in the services of the Board;

(b) during the period of such employment, all the matters relating to the pay, leave, retirement, allowances, pension, provident fund and other conditions of services of the members of the said staff shall be regulated by the Maharashtra Civil Services Rules or such order as may, from time to time, be made by the Government;

(c) any such employee shall have right of appeal to the Government against the order of rejection, dismissal or removal from service, fine or any other punishment.

Chapter III

Powers and Duties of the Governing Council and Board

(a) to act on the matters referred by the Board and to approve the recommendations and decisions of the Board for implementation;

(b) to prepare perspective development plan in consultation with teaching institutions for nurses and hospitals;

(c) to approve matters related to staff regulations and approval thereof;

(d) to recommend the Government to carry test audit of accounts of the Board regularly and at such intervals as the Governing Council may deem fit;

(e) to exercise the powers related to financial matters which are referred by the Board;

(f) to approve the budget recommended by the Board;

(g) to give directions to the Board with respect to the implementation of various policy decisions taken by the Government, from time to time;

(h) to approve the rules and procedures for appointment of Registrar and other employees of the Board such as their qualifications, terms and conditions of services including conduct, discipline and duties, mode of recruitment, pay scale, etc.,

(i) to recommend the Government to conduct an enquiry in respect of any matter concerning the proper conduct, working and finance of the institutions under the Board.

(a) to advise the Government on matters of policy relating to diploma level nursing and Paramedical Education in general, and on the following matters in particular, namely :-

(i) co-ordination between National policies and State policies regarding diploma level nursing and Paramedical Education;

(ii) co-ordination between Diploma Level Nursing and Paramedical Education;

(iii) to maintain uniform standard of Diploma Level Nursing and Paramedical Education;

(iv) to promote interactions between health care industries and nursing and Paramedical Education Institutions;

(b) to lay down the guiding principles for determining syllabus and curriculum and also to prepare the detailed syllabi and curricula for Diploma Level Nursing and Paramedical Education, for all categories, such as, regular, sandwich, part-time, correspondence course, yearly, semester pattern and the like;

(c) to prescribe and regulate standard guidelines for selection, infrastructure for nursing and Paramedical Education Institutions, requirements in respect of staff, buildings, furniture, equipments, stationary and other things required for diploma level courses;

(d) to prescribe and develop any book as text book and reference book or to prepare or cause to be prepared any book and print or non-print material or to publish directly or in collaboration with any other agency, any kind of learning material for diploma level courses;

(e) to prescribe the general conditions governing admission of regular candidates and ex-candidates to the examinations and to specify the conditions relating to eligibility, attendance, term-work and on the fulfilment of which a candidate shall have a right to be admitted to and appear at any such examination;

(f) to award certificates to candidates passing the diploma final examination;

(g) to institute and to award scholarships, fellowships, stipends, medals, prizes and-other rewards and also to prescribe conditions therefor;

(h) to receive bequests, donations and endowments from trusts and other transfers of any property, or interest therein, or right thereto;

(i) to hold any property, interest or right referred to in clause (h) above and to manage and deal with the same;

(j) to fix, demand and receive such fees and penalties, as may be Prescribed;

(k) to call for special reports and information from the Director of Medical Education and Research, State Nursing Superintendent or from officers of the Medical Education Department of the Government, and to call for any information from any diploma level institution recognized by the Board, to ensure maintenance and improvement in academic standard in Diploma Level Nursing and Paramedical, Education;

(l) to recommend measures to promote physical, moral and social welfare of students in institutions recognized by the Board, and to prescribe conditions of their residence and discipline;

(m) to appoint the staff except the posts mentioned in sub-section (7) of section 21 as per the regulations;

(n) to constitute provident fund for the benefit of the officers and employees of the Board;

(o) to approve the annual financial statement pertaining to the Board and to recommend to the Governing Council for sanction, the annual budget;

(p) to inspect and supervise generally the working of the Regional Office, if any, and to inspect periodically the accounts of the regions thereof;

(q) to conduct statistical and other research or training programmes for the purposes of design, development, implementation and evaluation of the curriculum, teaching learning process and examination in collaboration with any agency within the State and other States in the country or outside India;

(r) to appoint such Committees as it may think necessary for the efficient discharge of its functions under this Act;

(s) to make regulations for the purpose of carrying out effectively the provisions of this Act;

(t) to make bye-laws relating to matters such as procedure to be followed by the Board, their committees and any other matter solely concerning the Board and their Committees that are not provided for by or under this Act and the regulations made thereunder;

(u) to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under this Act;

(w) to carry out all such acts as may be necessary to achieve the objectives of this Act so as to improve, extend or expand the Diploma Level Nursing and Paramedical Education in the State and to maintain and improve standard of Diploma Level Nursing and Paramedical Education;

(x) to make regulations for granting affiliation, accreditation, equivalence, eligibility to institutions and reviewing or revoking affiliation or accreditation or equivalence or eligibility;

(y) to demand and receive such fees as may be prescribed for institutions for affiliation, accreditation, conferring autonomy or equivalence;

(z) to conduct the examinations of the students;

(za) to appoint paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examination, assessment of performance of students and for compiling and declaration of results;

(zb) to admit students for the examination according to the regulations;

(zc) to select centres within its jurisdiction for theory and practical examinations conducted by it;

(zd) to declare the result of the students appearing at the examinations conducted on such date or dates as may be fixed;

(ze) to prepare list of students according to merit;

(zf) to deal with cases of unfair means according to the procedure laid down;

(zg) to evaluate generally the performance of students and institutions in all examinations including the final examination in diploma level courses;

(zh) to call for any information from any diploma level institutions recognized by it to ensure maintenance of academic standard, to call for special reports, and information from the Regional Offices, if any, of nursing and Paramedical Education concerned on diploma level institution recognized by it but not maintaining the required academic standard and to recommend to the Board withdrawal of recognition in case of poor academic results and grave academic irregularities;

(zi) to request institutions recognized by the Medical Education Department of the Government to extend their co-operation in the conduct of the examinations and to withdraw the privileges of the Board from any institution, which fails to place at its disposal the facilities required to conduct examinations after giving it a reasonable opportunity of showing cause why such orders should not be made;

(zj) to create, own, hold or hire any property or infrastructure required for-

(i) functioning of the Board office;

(ii) functioning of the regional offices;

(iii) providing residential accommodation to officers and staff of the Board;

(zk) to plan and monitor academic performance;

(zl) to propose the need-based courses, special courses for self-employment, courses for rural, deprived persons and women.

Chapter IV

Permission, Affiliation, Conferring Autonomous Status and Equivalence

(a) that the provisions of the Act and regulations thereunder and the standing orders and directions of the Board shall be observed,

(b) that there shall be a separate local managing committee provided for affiliated schools or colleges,

(c) that the number of students admitted for courses of study shall not exceed the limits prescribed by the Board and the Government, from time to time,

(d) that there shall be suitable and adequate facilities such as buildings, laboratories, libraries, books, equipments required for teaching and research, hostels, gymnasium, as may be prescribed,

(e) that the financial resources of the nursing and Paramedical Institutions shall be such as to make due provision for its continued maintenance and working,

(f) that the strength and qualification of teaching and non-teaching staff of the affiliated recognized institutions and the emoluments and the terms and conditions of service of the staff of affiliated institution shall be such as may be prescribed, and which shall be sufficient to make due provision for courses of study, teaching or training or research efficiently,

(g) that all teaching and non-teaching employees and the required facilities of the institution to be affiliated, shall be made available by the institutions for conducting examinations and for promoting other activities of the Board,

(h) that the directions and orders issued by the Chairman and other officers of the Board in exercise of the powers conferred on them under the provisions of the Act and the regulations shall be complied with,

(i) that there shall be no change or transfer of the management without previous permission of the Board,

(j) that institution shall not be closed without prior permission of the Government.

(a) whether affiliation should be granted or rejected;

(b) whether affiliation should be granted in whole or part;

(c) subjects, courses of study and the number of students to be admitted;

(d) conditions, if any, which may be stipulated while granting the affiliation.

(a) the subjects and the courses of study approved for affiliation;

(b) the number of students to be admitted;

(c) the conditions, if any, subject to the fulfilment of which the approval is granted.

Chapter V

Fund, Finance, Accounts and Audit

(a) fees, royalties and charges, including penalties, levied and collected by the Board;

(b) grants, assignments, contributions and loans, if any, made to it by the Government;

(c) bequests, donations and endowments or other contributions, if any;

(d) interest on, and sale proceeds of any securities vested in it;

(e) all rents and profits from the property vested in it;

(f) other money received by, or on behalf of, the Board.

Chapter VI

Supplementary and Miscellaneous Provisions

(a) the constitution, powers and duties of the Committee appointed under section 19;

(b) the subjects and curricula for the examination;

(c) the general conditions governing the admission of regular and external candidates for the examinations and particular conditions regarding eligibility, attendance and character, on the fulfilment of which a candidate shall have a right to be admitted to and to appear at any such examination;

(d) the marks required for passing in any subject and the examination as a whole and for exemption, credit and distinction in any subject;

(e) the fees for admission to the examinations and other fees and charges payable in respect of other matters connected with these examinations;

(f) the arrangements for the conduct of examinations and publication of results;

(g) the appointment of paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examinations, their powers and duties in relation to the examination and their remuneration and mode of payment;

(h) the qualifications and disqualifications of paper-setters, examiners, moderators, supervisors and other necessary personnel for conducting examinations;

(i) the award of certificates;

(j) the appointment of officers and servants of the Board and the conditions of their service;

(k) the constitution of provident fund for the benefit of the said officers and servants of the Board;

(l) the control, administration, safe custody and management in all respects of the finances of the Board;

(m) the date before which and the manner in which the Board shall prepare its budget estimates;

(n) the compensatory allowance which may be drawn by members of the Board and the Committee appointed by them;

(o) appointment of officers and staff from Government to aided and unaided institutions for smooth conduct of examination;

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

(a) the procedure to be followed at the meetings of the Board and the Committees appointed by it and the number of members required to form a quorum at such meetings;

(b) any other matter solely concerning the Board and their Committees not provided for by this Act and the regulations made thereunder.

(b) The Registrar, Joint Registrar, Deputy Registrar and Assistant Registrar, Controller of Examinations, System Analysts, Finance Officers and Accounts Officer, and any other employee of the said Council immediately before the appointed day shall continue to hold the said office till they are appointed by the Government as per the provisions of this Act.

(c) All institutions affiliated to the said Council immediately before the appointed day shall be deemed to be affiliated to the Board under this Act till their affiliation is withdrawn or reconsidered under the provisions of this Act.

(d) All the institutions recognized and admitted to the privileges of the Council immediately before the appointed day shall be deemed to be recognized and admitted to the privileges of the Board established under this Act, save in so far such recognition or privilege may be withdrawn, restricted or modified by or under the provisions of this Act.

(e) All benefactions accepted or received by the said Council, relating to the objects and purposes of this Act, and held by it immediately before the appointed day shall be deemed to have been accepted, received or held by the Board under this Act and all the conditions on which such benefactions were accepted, received or held shall be deemed to be valid under this Act, notwithstanding that such conditions may be inconsistent with any of the provisions of this Act.

(f) All debts, liabilities and obligations, relating to the objects and purposes of this Act, incurred before the appointed day and lawfully subsisting against the said Council for or in connection with the purposes of the Board shall be discharged and satisfied by the Board.

(g) Any will, deed or other document made before the appointed day which contains any bequest, gift, terms or trust in favour of the said Council for or in connection with the purposes of the Board, shall, on and from the commencement of this Act, be construed as if the Board is named therein instead of the said Council.

(h) All references to the said Council in any enactment, or other instruments, issued under any enactment immediately before the appointed day, having reference as to the objects and purposes of the Board under this Act, shall be construed as references to the Board constituted under this Act.

(i) The appointment of paper-setters, examiners, moderators, supervisors and other personnels validly made under the orders and subsisting immediately before the appointed day shall be deemed to have been made under and for the purposes of this Act, and such functionaries shall continue to hold office and discharge their duties and functions until fresh appointments are made under this Act.

(j) The service regulations applicable to the officers and servants of the Board immediately before the appointed day shall be deemed to have been prescribed under this Act and shall, save as otherwise provided by or under this Act, continue to remain in force, until they are superseded or modified in accordance with the provisions of this Act.

(k) All notices and orders made or issued by any authority and orders or circulars of the said Council immediately before the appointed day for or in connection with the purposes of the Board shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made or issued under this Act, until they are superseded or modified in accordance with the provisions of this Act.

Schedule I

[See section 2(m)]

Schedule II

(See section 51)

(a) in section 2,-

(i) in clause (a), after the words "the by-laws", the following shall be added, namely:-

(ii) clause (e) shall be deleted;

(iii) in clause (o), after the words "the by-laws", the following shall be added, namely:-

(iv) in clause (p), the word "five" shall be deleted;

(b) in section 3, in sub-section (3), in clause (b),-

(i) for sub-clause (i), the following shall be substituted, namely :-

"(i) one member, from each of the three Regions, to be elected by the nurses registered in the Register under the relevant Region, from amongst themselves;";

(ii) sub-clause (ii) shall be deleted;

(iii) for sub-clause (iii), the following shall be substituted, namely

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

(iv) for sub-clause (iv), the following shall be substituted, namely :-

"(iv) one member, from each of the three Regions, to be elected by the sister tutors and clinical instructors of the affiliated institutions, from amongst themselves;";

(v) for sub-clause (vii), the following shall be substituted, namely :-

"(vii) one member, to be elected by the Heads (Principals) of recognized colleges or schools of Nursing including Institutions of Nursing Education in the Maharashtra, from amongst themselves;";

(c) in section 10, clauses (e), (f), (g), (h), (i), (j), (k) and (1) shall be deleted ;

(d) section 12 shall be deleted;

(e) in section 13, the words " the Examination Board and of " shall be deleted;

(f) in section 14, in sub-section (2), clause (c) shall be deleted;

(g) in section 15, in sub-section (6), the words "and of the Examination Board" shall be deleted;

(h) the Heading "Chapter IV - Recognition of Training Institutions and Affiliation of Institutions", and sections 25 and 26, shall be deleted;

(i) in section 38, in sub-section (2), clause (e) shall be deleted;

(j) in section 39, for sub-section (1), the following sub-section shall be substituted, namely :-

"(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 such matters as may be necessary for the exercise of the powers and performance of duties and functions by the Council under this Act.";

(k) for the Schedule, the following shall be substituted, namely.

"Schedule

[See clause (p) of section 2]