The Bombay Nursing Council (Reorganisation) Order, 1962.
Published vide Notification Gazette of India, 1962, Part 2, Section 3(i), p. 93 (w.e.f. 15th February, 1962).
MH330
(a) "Act" means the Bombay Nurses, Mid wives and Health Visitors Act, 1954 (Bombay Act 14 of 1954):
(b) "appointed day" means the date on which this Order comes into force;
(c) "Bombay area of the State of Gujarat" shall have the same meaning as is assigned to it in the Bombay General Clauses Act, 1904 (Bombay Act 1 of 1904) in its application to the State of Gujarat:
(d) "Bombay area of the State of Maharashtra" means the area of the State of Maharashtra to which the Act extends:
(e) "existing Council" means the Bombay Nursing Council deemed to be established under Section 3A of the Act, and functioning and operating immediately before the appointed day in those areas of the States of Gujarat and Maharashtra to which the Act extends.
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings assigned to them in the Act. 3. Dissolution of existing Council and establishment of separate Councils for Bombay area of the State of Gujarat and Bombay area of the State of Maharashtra. - (1) As from the appointed day,-(a) the existing Council shall stand dissolved and the members thereof shall vacate their office;
(b) the Government of Gujarat shall establish for the Bombay area of the State of Gujarat a Council consisting of a President, Vice-President and such other members (not exceeding ten), as that Government may think fit to nominate, who shall be persons duly qualified and registered or deemed to be registered under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), the Bombay Medical Practitioners Act, 1938 (Bombay Act 26 of 1938) the Bombay Medical Homoeopathic Act, 1951 (Bombay Act 48 of 1951) or the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954).
(c) the Government of Maharashtra shall establish for the Bombay area of the State of Maharashtra, a Council consisting of a President, Vice-President and such other
members (not exceeding ten), as that Government may think fit to nominate, who shall be persons duly qualified and registered or deemed to be registered under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954) the Bombay Homoeopathic and Biochemic Practitioners Act, 1959 (Bombay Act 12 of 1959) or the Maharashtra Medical Practitioners Act, 1961 (Maharashtra Act 28 of 1961). (2) The members of the Council established under Clause (b) or Clause (c) of sub-paragraph (1) shall hold office for a period of two years or until a new Council is duly established by the State Government concerned for its area under Section 3 of the Act, whichever is earlier. 4. Appointment of Registrars. - (1) The Registrar of the existing Council holding office immediately before the appointed day, shall as from that date, be deemed to be appointed as the Registrar of the Council established for the Bombay area of the State of Maharashtra on the same terms and conditions as were applicable to him immediately before that date, until they are varied by a competent authority under the Act. (2) Until a competent authority makes any other provision in this behalf, the Government of Gujarat shall appoint a person as the Registrar of the Council established for the Bombay area of the State of Gujarat on such terms and conditions as it deems fit. 5. Provision regarding employees of the existing Council other than Registrar. - (1) Out of the officers and servants (other than the Registrar) of the existing Council, Shri R.M. Desai, a permanent clerk, shall, as from the appointed day, be deemed to have been allotted to serve under the Council established for the Bombay area of the State of Gujarat and all other officers and servants holding office immediately before the appointed day shall, as from that day, be deemed to have been allotted to serve under the Council established for the Bombay area of the State of Maharashtra on the same terms and conditions as were applicable to them immediately before that date until they are duly varied by a competent authority under the Act. (2) Until the competent authority makes any other provision in this behalf, the Government of Gujarat shall appoint officers and servants (other than the Registrar) to the Council established for the Bombay area of the State of Gujarat on the same terms and conditions as were applicable to the officers ad servants of the existing Council immediately before the appointed day. 6. Provision regarding Register and List. - The register and the list duly maintained or kept under the Act, or deemed to be so maintained under-Section 33 of the Act read with Section 17A thereof, and in force immediately before the appointed day in the Bombay area of the State of Gujarat and the Bombay area of the State of Maharashtra, shall, on and from that day, be deemed to be respectively the register and the list for the areas of the States of Gujarat and Maharashtra to which the Act extends, and accordingly the names of Nurses, Midwives and Health Visitors on such register and list shall, without further fee or charge, continue thereon in the appropriate part and the region in which the person concerned desires to continue his registration or entry in the list for the period for which such registration or entry in the list was made or renewed, or until duly amended or altered under the provisions of the Act. 7. Provision regarding recognised institutions. - Any institution which was approved and recognised or affiliated or deemed to be approved and recognised or affiliated under the Act, and the approval and recognition or affiliation of which is in force immediately before the appointed day, shall, on the same terms and conditions, continue thereafter to be so approved and recognised or affiliated only by or to the Council established for the part of the State of Gujarat or the State of Maharashtra to which the Act extends and in which such institution is situate, until the approval and recognition or affiliation, as the case may be, is duly withdrawn. 8. Recovery of outstanding fees and dues. - All fees and other dues payable to the existing Council under the Act shall-(a) if the dues are payable by any person who is ordinary resident in the Bombay area of the State of Gujarat, be recoverable by the Council established for the Bombay area of the State of Gujarat; and
(b) in any other case, be recoverable by the Council established for the Bombay area of the State of Maharashtra.
9. Division of cash balance of the existing Council. - The cash balances (whether in the form of cash or securities) held by the existing Council immediately before the appointed day, shall, after deducting all the liabilities of the existing Council up to that date (including the liability in respect of any Provident Fund), be apportioned between the Council established for the Bombay area of the State of Gujarat and the Council established for the Bombay area of the State of Maharashtra in the ratio of 33-69:66:31. 10. Provision regarding Provident Fund of employees of affiliated institutions. - The amount of the Provident Fund standing to the credit of the employees of an affiliated institution on the appointed day and held by the existing Council, whether held in the form of cash or otherwise shall, from that date, stand transferred to the Council established for the area in which such institution is situate. 11. Residuary provision. - Any other assets or liabilities (except office equipment) of the existing Council immediately before the appointed day, not expressly hereinbefore provided for, shall be apportioned between the Councils established for the Bombay area of the State of Gujarat and the Bombay area of the State of Maharashtra in the manner provided in paragraph 9. 12. Operation of accounts in the name of the Bombay Nursing Council. - With effect from the appointed day, the Maharashtra (Bombay area) Nursing Council shall have the authority to operate the current and savings accounts opened in the name of the Bombay Nursing Council and to recover the corpus and interest of any securities which might have beer, purchased in the name of the Bombay Nursing Council: Provided the operation of such accounts shall be without prejudice to the division of cash balances and liabilities under paragraphs 9 and 11. 13. Legal proceedings. - Where immediately before the appointed day, the existing Council is a party to any legal proceedings instituted in any Court, by or against any person then-(a) if the Court is situate in the State of Gujarat, the Council established for the Bombay area of that State; and
(b) in any other case, the Council established for the Bombay area of the State of Maharashtra,
shall, respectively be deemed to be substituted for the existing Council as a party to those proceedings, and the proceedings may continue accordingly. 14. Contracts. - Where before the appointed day, the existing Council has made any contract which on that date is subsisting that contract shall be deemed to have been made-(a) if the purposes of the contract are, as from the appointed day, exclusively relatable to the Bombay area of the State of Gujarat, by the Council established for that area;
(b) in any other case, by the Council established for the Bombay area of the State of Maharashtra,
and accordingly, all rights and liabilities which have accrued or may accrue under any such contract, shall, to the extent to which they would have been the rights and liabilities of the Council established for the Bombay area of the State of Gujarat or the Council established for the Bombay area of the State of Maharashtra, as the case may be. 15. Transfer of certain proceedings pending before the existing Council. - Any proceedings relating to a Nurse, Midwife or Health Visitor, which may be pending immediately before the appointed day before the existing Council, shall, on that day, stand transferred for disposal according to law,-(a) to the Council established for the Bombay area of the State of Gujarat, if the Nurse, Midwife or Health Visitor on that date is ordinarily resident in the State of Gujarat;
(b) in any other case, to the Council established for the Bombay area of the State of Maharashtra.
16. Holding of examinations in Bombay area of State of Gujarat. - Until the Council established for the Bombay area of the State of Gujarat intimate to the Council established for the Bombay area of the State of Maharashtra that the former has made arrangements for holding the qualifying examinations, which, immediately before the appointed day, were being held by the existing Council, the Council established for the Bombay area of the State of Maharashtra shall allow the students from the Bombay area of the State of Gujarat to appear for the qualifying examinations held by the Council established for the Bombay area of the State of Maharashtra and the fees received from such students shall be paid to that Council. 17. Saving. - Any by-laws or rules framed by or in respect of the existing Council, shall, until other provision is made under the Act by or in respect of the relevant Council, be deemed to be by-laws or rules framed by or in respect of the Council established for the Bombay area of the State of Gujarat and the Council established for the Bombay area of the State of Maharashtra. 18. Adaptations and modifications in the Act. - As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature, have effect subject to the provisions of, and the adaptations and modifications directed by, the Schedule annexed hereto.Schedule
[See paragraph 18]
The Bombay Nurses, Midwives and Health Visitors Act, 1954
(Bombay Act 14 of 1954)
In Part II- (1) for the heading "The Bombay Nursing Council", the following heading shall be substituted, namely:- "Nursing Councils" (2) in Section 3-(i) in sub-section (1)-
(a) for the words "The State Government of Bombay", the words "the State Governments of Gujarat, Maharashtra," shall be substituted;
(b) for the words "the Bombay Nursing Council", the words and brackets "the Gujarat (Bombay area) Nursing Council, the Maharashtra (Bombay area) Nursing Council," shall be substituted;
(ii) in sub-section (2)-
(a) in Clause (A)-
(I) for the words "State of Bombay" and "Government of Bombay" wherever they occur, the words "State of Maharashtra" and "Government of Maharashtra" shall respectively be substituted:
(II) for item (V) of sub-clause (b), the following shall be substituted, namely:-
"(V) One person to be elected by the Medical Council established under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), for the area of the State of Maharashtra to which that Act extends."
(b) after Clause (A), the following clause shall be inserted, namely:-
"(AA) The Council for the area of the State of Gujarat to which this Act extends shall consist of the following members,-
(a) as ex-officio members,-
(i) the Director of Medical Services for the Government of Gujarat;
(ii) the Director of Public Health for the Government of Gujarat;
(iii) the Superintendent of Nursing Services, Government of Gujarat, if any;
(b) as elected members,-
(i) one person to be elected by Nurses, Midwives and Health Visitors registered in the register referred to in Section 12;
(ii) two persons to be elected by the heads of the affiliated institutions;
(iii) five persons to be elected as follows:-
(I) two, by the matrons of the affiliated institutions which have declared in the prescribed manner their principal office to be situated in Ahmedabad;
(E) three, by the matrons of the affiliated institutions which have declared in prescribed manner their principal office to be situated elsewhere;
(iv) two persons to be elected by the sister tutors of the affiliated institutions and the heads of Nursing Colleges recognised by the Council in this behalf;
(v) one person to be elected by the Medical Council established under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), for the Bombay area of the State of Gujarat to which that Act extends;
(vi) one person to be elected by the Co-ordination Committee (by whatever name called) of the local branches in the State of Gujarat of the Indian Medical Association;
(vii) one person to be elected by the members of the Faculties of Nursing and where there are no Faculties of Nursing, by the members of the Faculties of Medicine of the Universities established by law in the State of Gujarat, which confer a degree in Nursing;
(c) as nominated members, three persons to be nominated by the State Government.";
(c) in Clause (B), for the words "the aforesaid Council", the words "each of the aforesaid Council" shall be substituted.
(3) after Section 3A, the following section shall be inserted, namely:- 3B. "Temporary provisions in respect of Councils in Bombay areas of Gujarat and Maharashtra Stales. - (1) The Council deemed to be established under Section 3A and functioning and operating in parts of the States of Gujarat and Maharashtra to which this Act extends (hereinafter in this section referred to as the "Bombay area of the State of Gujarat" and "the Bombay area of the State of Maharashtra"), immediately before the date on which the Bombay Nursing Council (Reorganisation) Order, 1962, made under Section 4 of the Inter-State Corporations Act, 1.957 (38 of 1957), comes into force, shall, as from that date, stand dissolved, and the members thereof shall, notwithstanding anything contained in Section 5, vacate their office. (2) As from the date specified in sub-section (1)-(a) the Government of Gujarat shall notwithstanding anything contained in Clause (AA) of sub-section (2) of Section 3, establish for the Bombay area of the State of Gujarat, the first Gujarat (Bombay area) Nursing Council consisting of a President, Vice-President and such other members (not exceeding ten) as that Government may think fit to nominate, who shall be persons duly qualified and registered or deemed to be registered under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), the Bombay Medical Practitioners Act, 1938 (Bombay Act 26 of 1938), the Bombay Homoeopathic Act, 1951 (Bombay Act 48 of 1951), or the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954);
(b) the Government of Maharashtra shall, notwithstanding anything contained in Clause (A) of sub-section (2) of Section 3, establish for the Bombay area of the State of Maharashtra, the first Maharashtra (Bombay area) Nursing Council consisting of a President, Vice-President and such other members (not exceeding ten), as that Government may think fit to nominate, who shall be persons duly qualified and registered or deemed to be registered under the Bombay Medical Act, 1912 (Bombay Act 6 of 1912), the Bombay Nurses, Midwives and Health Visitors Act, 1954 (Bombay Act 14 of 1954), the Bombay Homoeopathic and Bio-chemic Practitioners Act, 1959 (Bombay Act 12 of 1960), or the Maharashtra Medical Practitioners Act, 1961 (Maharashtra Act 28 of 1961).
(3) The Council established under Clause (a) or Clause (b) of sub-section (2) shall be deemed to be a Council established under Section 3. (4) The President, Vice-President and members of the Council established under Clause (a) or Clause (b) of sub-section (2) shall, notwithstanding anything contained in Section 5, hold office for a period of two years from the said date or until a new Council is duly established for the respective areas under Section 3, whichever is earlier."; (4) in Section 9, in Clause (d) of sub-section (1), for the words "the Bombay Medical Council", the words, figures and brackets "the Medical Council established under the Bombay Medical Act, 1912 (Bombay Act b of 1912)", shall be substituted; (5) after Section 17A, the following section shall be inserted, namely:-17B. "Temporary provisions in respect of register and list for Bombay areas of Gujarat and Maharashtra States. - The register and the list duly maintained or deemed to be maintained under this Act and in force in the areas of the States of Gujarat and Maharashtra to which this Act extends immediately before the date on which the Bombay Nursing Council (Reorganisation) Order, 1962, made under Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), comes into force, shall, on and from that date, be deemed to be respectively the register and the list for the Bombay area of the State of Gujarat and the Bombay area of the State of Maharashtra and the names of Nurses, Mid wives and Health Visitors on such register and list respectively shall, without further charge of fee, continue thereon for the period for which such registration or entry in the list was made or renewed, or until duly amended or altered under the provisions of this Act.";
(6) after Section 24 A, the following section shall be inserted, namely:-24 B. "Temporary provision in respect of institutions. - Any institution which was approved and recognised or affiliated or deemed to be approved or recognised or affiliated by or to the Bombay Nursing Council, and the approval, recognition or affiliation of which is in force immediately before the date on which the Bombay Nursing Council (Reorganisation) Order, 1962, made under Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), comes into force, shall, on the same terms and conditions, continue thereafter to be approved and recognised or affiliated only by or to the Council which by that Order is established or deemed to be established for that part of the State of Gujarat or Maharashtra to which this Act extends and in which such institution is situate until the approval and recognition or affiliation, as the case may be, is duly withdrawn.";
(7) after Section 31, the following sections shall be inserted, namely:-31A. " Temporary provision in respect of holding examinations. - Until the Council established for the Bombay area of the State of Gujarat to which this Act extends intimates to the Council established for the Bombay area of the State of Maharashtra to which also this Act extends, that the former has made arrangements for holding the qualifying examinations which, immediately before the date on which the Bombay Nursing Council (Reorganisation) Order, 1962. Made under Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), comes into force, were being held by the Bombay Nursing Council, the said Council established for the Bombay area of the State of Maharashtra shall allow students from the Bombay area of the State of Gujarat to appear for the qualifying examinations held by the Council established for the Bombay area of the State of Maharashtra and the fees received from such students shall be paid to that Council.
31B. Temporary provision for appointment of Registrar and servants. - Until the Council established under Clause (a) of sub-section (2) of Section 3B makes any other provision in this behalf, the Government of Gujarat may appoint a Registrar, to, and other servants of said Council on such terms and conditions as the Government deems fit:
Provided that the terms and conditions of the servants shall not be less advantageous than those applicable to the servants immediately before the date on which the Bombay Nursing Council (Reorganisation) Order, 1962 made under Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), comes into force."; (8) in sub-section (6) of Section 33, for the words "the Bombay Nursing Council", he words "the Gujarat (Bombay area) Nursing Council or the Maharashtra (Bombay area) Nursing Council, as the case may be," shall be substituted.