The ASSAM NURSES', MIDWIVES' AND HEALTH*  VISITORS' REGISTRATION ACT, 1944
###### THE ASSAM NURSES', MIDWIVES' AND HEALTH*~

VISITORS' REGISTRATION ACT,. 194.4

(Published in the Assam _Gazelle of the Slh April_ 1944,]

_An_ _Act_ _to_ _prol;idt_ _for_ _the registration and better training of_
_nurses,_ _midwioes_ _and health_ _tisitors_ _in Assam ._

###### •

Preamble, WuEREAS it is expedient to provide for the

registration of nurses, midwives and health ,·isitors in
Assam;
AND WHEREAS the previous sanction of the Governor has
been obtained under section 119(1) of the Government of
India Act, 1935 to the introduction or this Bill ;

###### It is hereby enacted as follows:-

Short title, 1. (1) Tbis Act may be called the Assam Nurses', Mid-

elttent and wives' and Health Visitors' Registrati0n Act. 1944.
C"ommence-

(2) It extends to t~e whole of Assam.

ment.

(3J It shall come into force on such date!. as the

[State]2 Government may, by notification direct.

Definitions. 2. In this Act, unless there is anything repugnant in the

subject or context-

_(a)_ "Council" means the Assam Nurses,' Midwives'
and Health Visitors' Council constituted under
section 3.

_tb)_ "Institution" includes any association which

maintains or controls a nursing establishment.

(c) "Prescribed" means prescribed by rules or regula-
tions made under this Act.
(d) "Register" means a register maintained under

section 13 and "registered" means registered
under the provisions of this Act.

(e) "Notification" means a notification published in

the official Gazette.
###### (f) "Nurse" includes a male nurse.

Establish- 3. The [State] [2 ] Go,ernment mav, by notification in
ment and the official Gazette, establish a Council [3 ] to be called the

~~~~r~:b; "Assam Nurses', Midwives' and Health Visitors' Council"
Council. for the purpos'!S of carrying out the provisions of this Act.

Such Council shall be a body corporate and have perpetual
succession and a common seat and may, by the said name
sue and be sued.
Constitulion **4.** T he Counc\1 shall consist of ~e following _ex-Cijficio_

of tbe . and pominated merbbers-

Councll. (l j the Inspe~or General of Civil Hospitals, Assam

who ~;hal l J>e the Pres~ent ;

                 - 'or Statement of Objects and Reasons see Assam _Gazette,_ Part Vo

page 10, 1942,

1 1Stb November 19-i4 _(su Notification No.MMD.J32,.Uj38, dated_

1hb November 1944); _see_ also Notification No. MMD.
132/44(39, dated lith Nove.mbe1 194·~ bringing the Act in force
toP. E. Areas.

~ Substituted by A. 0. 1950 for                  - Provincial".
s Established under N .ti6o;ation No.M~1D. 132/·14/40, dated 11th

Novembe1· 1944.

###### [ Prica annas 4 or Sd. [


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_(2)_ the Nursing Superintendent, Welsh Mission Hos-
pital, Shillong ;
(3) the Medical uperintendent, Welsh :\1ission Hos-
pital, Shillong ;

(4) the Nursing S ·perintendent, St. Luke's Mission

Hospital, Cbabua ;

(5) the Medical S erinte.ndent, American :\1ission

Hospital, Gauhati ;
(6) The Nursing Su American Mission

Hospital, Jorhat ;

(7) The Nursing Supe intendent, Ganesh Das Hos-
pital, Shillong ;

(8) one doctor from [th district of Cachar] [1 ]to be
nominated by the [Stat('J [2 ] Gov rnment on the recommen-

dation of the Assam Medical C uncil ; and
(9) One registered midw· e or health visi to!' to be
nominated by the (State] [2 ] Cove ment. 11'-e..'--M

Pu blication 5. The name of every member nominated'll.mder section
of names of 4 shall be published by the [State] [2 ] Government in the offi-
members. cial Gazette.

Term of 6. (1) Subject~the prov~· ions of sectil7 an section

office of the 8, the term of office of the no ina ted Me ber sH 11 be

nominated three years.
membera.

(2) A nominat d member hall be eli 'ble for re-
nomination at the end f his term office.

(3) The powers of the Council may be exercist'd

notwithstanding any vacancy in the number of hs members
fixed by section 4.

f illing up of 7. If any memb        - ies or resigns his ember-ship or

l'Jtsual ceases to b:: a member s provided in section , the ,·acancy

acancies. shall be filled within one onth of the notifi tion of the

vacancy by fresh nominat n under section 4.
Provided that any per n nominated to a cawal

vacancy shall hold office ly so long as th member
in whose place the nomina ·on is made would ve held
office. 0'( ~

Cessation of 8. A nominatectrmember of the Council shall be deemed
member- to have vacated his seat-
ship. _(fl)_ If he is absent without excuse sufficient in the

opinion of the Council from three consecutive
meetings of the Council ;
_(b)_ If he is absent out of India for any period exceed-

ing six consecutive months.

Ll'ave of _9._ The Council may permit any member to absent

absence to himself from the meetings of the Council for any period

members. not exceeding six months.

Meetings of 10. {1) The Council shall make regulations to

the Council regulate :-

a.nd constitu· (a) the mode of transaction of business, including

t 1on of           - · _r_ d · · b
Committees. provlSI~>n JOr. ects10ns on emergent matters y
the C1rculat10n of papers to members, and for
co-opting persons specially qualified to advise
on any particular matter before tbe Council ;

I Substituted by A. 0. 1950 for '•the Surma VaUq:",
2 SuiJ)titutcd by A. 0. 1950 for · 'Provincial".


-----

_(b)_ the time and place at which its meetings shall be
###### held;

_(c)_ th<' issue of notices convening such meetings ;
_(d)_ the conduct of business thereat ; and

_(t )_ the consti~ution of committees, the delegation to

such committees of any powers or duties

ol the Council under this Act and the proce-
dure of the Committees (including quorum) in
the transaction of business ; Provided that-

_(i_ no business shall be transacted at av eeting of
the Council unless a quorum of members
be present ; and

_(ii)_ save as provided in section 19, all questions aris-

ing at any meeting of the Council shall be
decided by the votes of the majority of the
members present and voting or in case of an
equality of \·otes, by the casting vote of the
President of the Council or in his absence of
the member presiding ut the meeting.

(2) Until such time as the regulations referred to in

liub-section (1) have come into operation, it shall be law-
ful for the President of the Council to summon a meetii~g

###### at 11uch time and place as to him seem expc::dient, by letter
addressed to eacl1 member.

Pa ym en t of ll. There shall be paid to tht: members of the Coun-

fees if anv, for att("ndance at meetings of the

11[. ] [and ] [cil such fees, ]

~:a;~~~g to Council or of committees of the Council and su~h reasona-
0,embcrs. ble travelling exp("nses for attending such mcetmgs or for
inspecting institutions as may from time to time be allowed
by the Council and approved by the [State]! Government.

Registrar 12. (l) With the previous sanction of the [State)! Go-

and office vcrnment, the Council- .

statf 0~ the _(n)_ shall appoint a Registrar ;

Coun<:JI. _(b)_ 1 h R . d .
may grant eave to sue . eg1strar ar. appomt a

person to act in his place ; and

_(c)_ shall pay to the Registrar and to the person (if

any) appointed to act in his place such salary or
remuneration and such aJ!owances (if any) as

the Council mav determine.

(2) T he Council may ~ppoint such other officers and

## t

such clerks a1.d servants as it may consider necessary for

#### • the purposes of this Act, and shall pay them such salary or

rcmunera1 ion and such allowances (if any) as the Council
may dr.termine.

(3) The Registrar shall act as S C£retllr)' 81oril Treasu-

rer to the Council.

Maintenance 13. '1 he Council shall maintain a register of-

of reiiater. _(i)_ nurses,

(1i) midwives, and
_(iii)_ health visitors,

1, Substituted by A. 0., 1950 for "Provincial".


-----

in such forms, containing such particulars, and divided
. into such parts as may be prescribed.

Ma1n tcna~ce 14. (1) The Registrar shall keep the registers in accor-

~f :hbe r~~·s- dance with the provisions of this Act and in accordance

R~gisirar. e with any orders made by the Council, and shalJ, from
time to time, make all necessary alterations in the regis-
tered addresses or appointments and in the classification, of
the registered nurses, midwives and health visitors and
erase the name of any such nurse, midwife or health visitor
who is dead or has ceased to practise.
_(2)_ To enable the Registrar to fulfil the duties imposed

upon him by sub-section **(1)** he may send through the post

a letter to any person registered as a nurse, a midwife or a

health visitor addressed to him according to his registered
address or appointment, to inquire whether he has ceased

to practise or whether his residence or appointment has
been changed ; and if no answer to any such letter is
received within a ):'eriod of six months from its despatch,
the Registrar may erase the name of such person 1rom the
register in which it is entered:

Provided that any name erased under this sub-section
may be re-entered in the register under the direction of
the Council.

Erasure of 15. (1) Every Registrar of Deaths who receives notice

**•ames homo** of the death of anv, person whose name he knows to be
registers n

notice of entered in one of the registers, shall forthwith transmit by

death. post to the Registrar of the Council a certificate of such
death signed by him and stating particulars of the time and
place of death.
{2) On receipt of-
_(a)_ any such certificate, or
_(b)_ any other reliable information regarding such
death the Registrar of the Council shall erase

the name of the deceased person from the
register in which it is entered.

Erasure of 16. Any entry in the registers, which is proved to the

fradu~ulent satisfaction or the Council to have been fraudulently or
an ancor- . d d f
rect entries mconectly rna e, may be erased under an or er o the
in registers. Counc:il.

Persons en- 17. The following persons shall on payment of such
ti Lied to be fcc as may be prescribed, be entitled to registration under
registered.

this Act, namely :-
_(a)_ nurses, midwives and health visitors who have

undergone the courses of training, have oassed
the examinations and fulfil such furthe1: con-
ditions as may be prescribed ;
_(b)_ nurses, midwives and health visitors who are

already in practice at the commencement of
this Act and nurses under the Auxiliary Nursing
Service Scheme who are not entitled to regis-
tration under clause _(a)_ subject to such con-
ditions and restrictions as may be prescribed.


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Admission to 18. On making an application in the prescribed form

register ~f and on paying such f::e, not being greater than the fee

pedrso~.~dal· payable on ordinary applications for registration under this
ne OUwl e       - 1
Aaam. Act, as the CounCil may demand, any person sha I be
entitled to be registered under this Act who proves to the
satisfaction of the Council that he has been registered either
as a nurse, a midwife or a health visitor in _any [State] [1 ]or_
country outside Assam in respect of which the Council

is satbfied-

(a) that there is in force therein an enactment, or a

provision of any kind having the force of law,
providing for the registration of nurses, mid-
wives and health visitors under some public
authotity ;
(b) that persons registered under this Act are admit·

ted to the register established under the said
enactment or provision on terms not less
favourable than those contained in this section;
(c) that the standard of training and examination
required for admission to the register of nurses,

midwivt>s or health visitors established under

the said enactment or provision is not lower
than the standard of training and cxamina·
tion required under this Act :

Provided that, notwithstanding any rule made under
clause (b) of sub-section {l) of section 34, no fee shall be
chargeable for the registration under this section of a nurse,
midwife or health visitor whose name has been registered in
a [State] [1 ]in India between the Government of which and
the [StateF Government the principle of reciprocity of regis-

tration has been accepted.

Refusal. of 19. (1) The Council may refuse to permit the registra·

regdtstrata<'n tion of any person as a nurse, midwife or health visitor and

and an re-emry r~mova 1 w h en h . e IS reg1stere as a nurse, · d m1 'd wue :r or h 1 h ea t VISitor, · ·

of names. may direct the temporary or final removal of his name from

the register of nurses, midwives or health visitors on any of
the following grounds :-
_(a)_ that he has been sentenced by any Court for any
non-bailable offence, the sentence not having
been subsequently reversed or quashed ;
_(b)_ that has been guilty of any offence which in the
opinion of the Council indicates professional
incompetence, negligence, or contravention o~
regulations ordinarily included in the perfor-
mance of the duties of nurses, midwives or
health viritors ;

_(c)_ that there are defects in his character which in

the opinion of the Council would render the
entry or retention of his name on the register
undesirable:

Provided that no action shall be taken by the Council

under this section until after due enquiry (at which the

I. Substituted by A. 0., 1950 for 'Province' .
2. Substituted by A. 0., !950 for "Provincial".


-----

person concerned has been given an opportunity to be heard

in his defence and to appear either in person or by counsel ,
vakil, pleader or attorney, and which at the discretion
of the President of the Council may be held in camera)
he has been found, by a majority of two-thirds of the

members prcsen t and vot~ng at the meeting, to have
been sentenced for any non-bailable offence specified,

in clause _(a)_ or tO .have been guilty of an offence, or to
have defects in his character of the nature spec•fied in
clause _(b)_ or clause (c) .

(2) Any name so removed may afterwards he rc-en·

tered in the register and any order of refusal of registration
passed under sub-section (1) may be withdrawn under
the direction of the Council given by majority of

twv·thirds of the members present and voting at the

meeting.

R.•ght of 20. ( J) Any person aggrieved by an order of

~pp~:al. the Council under section 19 may, within three

months from the date on which notice of such order

is given to him, appeal to the (State]' Government against
such order.

(2) The order of the (State]! Government on any
such appeal shall be final.

R.egistratin.n 21. The certificate of registration undet· this Act

uodfr th•~ shall not confer upon any person any right or title
Act not 10        -        -

qu~lifv for to hi' r egrstered un~er the Assam M.cdtc~l A~t, l ?16

regulJ'ation or to <t!>~ume any t1tle, name or destgnatiOn 1mplymg

under the that he i~ by law recognised as a medical practitioner

38
Asd. 1m ~to- or that he is authorised to grant anv medical certificate

1916. ICll n Ct, or any cert1 'fi call.! o f d eat h or st1 ·u • b. • h trt , or to un d er-

takc the charge of cases of abnormality or disease in

connection with parturition.

Inatitution~ 22. (I) The inHitutions which are approved

for training and recognised by the Council after inspection by its

n':'rsc~. mid· President shall be competent to train nurses, midwives

~v·vle:t~h . ~r or health visitors, and to send them for examination lor

.. tors ca to \ 'Ulbe · t c h qua I' uymg r.                   - cer tifi cates o f t b c C ounct 'I .

recognised

by Council. (2) All recognised institutions shall be inspec-

ted by the President of the Council at least once in

                 - two years.

WI ['th][d ]rawa 1 23 . . Whenever f . . the I Council, on . receipt h of ld an b adverse

of rccogni- report, IS o opw10n t 1at an enquHy s ou e made

tion from as to the desirability of withdrawing recognition from

institutions. a particular institution, it shall depute its President and
a member for further inspection on ~uch terms as it
thinks fit and at the same time call upon the institution
to show cause why its recognition should not be withdrawn.

1. Subsututed _by A.O._ 1950 for "Pro,·incial".


-----

###### 7

The Council may after consideration of the report

so received and CJf the explanation, if any, by rhe

institution, withdraw the recognition. The order of

such 'vithdrawal shall be in writing and shal I be served
in the prescribed manner.

Appeals. 21. Any person or institution aggrieved by an

order of the Council under sections 16, 18 or 23 may
appeal Within three month~ from the date of such

order to the (State]~ Government. The dec~ion of the

(State]~ Government on any such appeal shall be final.

Prohibition 25. No hospital, school or other similar institution

of !asue of which has not been approved or recognised under

ecrdt•ficates f sub-section {1) of section 22 shall issue to any person a

t~n entry o 'fi h f .
nllmeJ by un-ceru cate or enter t e name o any person on a 11st,

recognised register or other document purporting to show that

inJtitutions. such person is qualified by having passed any examination

or undergone any course of training to practise as a

nurse, midwife or health visitor unless such person has
been registered under this Act.

Supervision 26. The Civil Surgeon of the district or such other

by Civil

person as may be appointed by the Council shall in

Surgeon.

consultation with the local authorities and subject

to prescribed conditions and restrictions, exercise general

supervision over nur&es, midwi\·es and health visitors

within the district and exercise and perform such other
powers and duties as may be prescribed.

Diaabilities 27. After the expiration of seven years from the
of unregu-

commencement of this Act no dispensary, hospital,

tered per-

son,. infirmary or lying-in hospital shall employ any person

as a nurse, midwife or health visitor unless he is registered
under this Act or is under training in an institution recog-
nised by the Council :

Provided that the (State] t Government, on the advice

of the Council, may exempt for such period and on such

terms as it may fix any such dispensary, hospital, infirmary

or lying in hospital from the operation of this section.

Penalty for 28. Any person who-

di•hon eat _(a)_ dishonestly makes use of any certificate of

UJc of certi· registration issued under the provisions of

licates. this Act to him or to auy other person,

_(b_ _)_ procures or attempts to procure registration

under the provisions of this Act by making
or producing, or causing to be made or
produced any false or fraudulent declaration,
certificate or representation, whether in
writing or otherwise, or
_(c)_ wilfully makes or causes to be made any
false representation in any matter relating
to the register or certificates issued under

the provisions of this Act,

1. Substituted by A.O., 195;) f_,r !'Provincial".


-----

being the Secretary, Manager or other officer
_(d)_

of a hospital, school or other institution

issues or authorises the issue of, a certificate
to any person or enters, or authorises the
entry of, the name of such person in

contravention of section 25,

shall be punishable with fine not exceeding rupees three
hundred.

Penalty for 29. Any person who, not being a nurse, midwife
unlawful or health visitor registered under this Act, assumes or

:~.ssu~ption uses the name or title of registered nurse, midwife or
of !nle dof health visitor, or uses any name, title, addition, description

regucere nurse mid· or s1gn . b oar d · , unp 1 · ymg t h at sue h person            - IS a reg•stere · d

wife ' or nurse, midwife or h~alth visitor, a~ the case may be, shall

health visi- be punished on conviction with fine not exceeding one
t or· hundr('d rupees in the case of a first offence, and with

fine not exceeding three hundred rupees in tne case of
a second or any subsequent offence.

Publication 30. (I) The Registrar shall, in every year, on
and u'e _of or before a date to be fixed in this behalf by the Council
anf nu~lt ltsdt cause to be printed and published correct lists of the
0 nurses reg•s ere mid· names Ii or t h e tune . b . emg entere d . 10 t h e severa 1 parts o r

wive' ~nd the registers of registered nurses, midwives and health

health visit· visitors, setting forth-
_on._

(a) all the names entered in the several parts of
the respective registers arranged in alphabe-
tical order according to surnames ;

_(b)_ the registered address or appointment of each
person whose name is so entered in the
registers ; and

_(c)_ the registered qualification of e.ach such person
and the date on which such qualification
was certified .

(2) Every court shall presume that any person whose

name is entered in the latest of such lists is duly regi<~tered
under this Act, and thal any person whose name is not

so entered is not registered under this Act:
Provided that, in the case of any person whose name
does not appear in such printed list a certified copy
signed by the Registrar, of the entry of the name

of such person in a register -of nurses, midwives or health
visitors shall be evidence that such person is registered
under this Act :

Provided also that a certificate purporting to be
signed by the Registrar stating that the name of a person
home on the printed register of nurses, midwives or health
visitors, as the case may be, has been removed from such
register and specifying the date of such removal shall be
evidence that such person is not registered under this Act
and of the date from which he ceased to be so registered.


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Court com· 31. No court other than a Magistrate of the First

petent to Class shall try any offence under this Act.
try offences
under the
Act.

Coguf !:ance 32. No Magistrate •hall take cognizance of any
o ouences. onence pums tr        - h a bl e un d er _t b. A Js_ ct except upon romp J · amt

made by the Council.

Power of 33 (1) The [State] [1 ] Government may, after previous

~~~ment publication, make rules [2 ] to carry out all or any of the

10 make purposes of this Act.

rules. (2) In particular and without prejudice to the

generality of the foregoing power, they may make rules-

_(a)_ prescribing the period of les.'l than three years
for which a member of the Council may
hold office under section 6 ;

(b) prescribing the manner in which nominations

OMJ.._ dtt.<h·~ of members of the Council and the election

of the Vice-President shall be made, and

casual vacancies shall be filled under sec-
tion 7 _;_

(c) prescribing the form in which a register shall
be kept, the particulars to be entered in
such register, and the parts in which surh
register shall be divided under section 13 ;

_(d)_ prescribing the manner in which an order of
removal or refusal shall be served on persons
under section 19 ;

_(r)_ prescribing the manner in which an order of

withdrawal of recognition of an institution
shall be served under section 23 ;
###### (f) prescribing the fees payable in respect of an
appeal under sections 20 and 24 ; and

_(g)_ any matter which is to be or may be prescribed.

Power of

34. {l) The Council may make rules, [3 ] not inconsistent

Council to
make rules. with this Act or the rules prescribed by the [State] [1 ] Govern-

ment,

(a) regulating the compilation, maintenance and
publication of the register and the conditions of
admission to the register ;
(b) prescribing the fee payable on application for

registration, the form in which such applications
shall be made, and the conditions subject to
which names shall be entered in the register ;

(c) prescribing and regulating the examinations
which must be passed as a condition of admis-
sion to the register and any matters ancillary to
or connected with such examinations, including
the courses of training which the candidates
appearing for the examination shall undergo ;

1 Sub~titutcd by A.O., 1950 for "Provincial".
:! Notification .....;o.MMe 1.132/U/54, dated 8th March J04S.
###### a Vit!1 Notification No.223-NRC., dated 8th December, 19<l5.


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(d) pr('scribing the causes for which, the conditions

under which and the mannl"r :n which the
names of nurses, midwives and health visitors
may be removed or re-entered in the register
under section 19 ;

_(t)_ for the approval of any institution for the pur-

pose of such training and the granting of diplo-
mas to candidates passing the examinations ;

###### (f) regulating the conditions under which institu-

tions for nursing the sick, maternity or child
welfare may be approved and recognised by the
Council;

_(g)_ appointing a Registrar and such other servants

as may be necessary;

_(h)_ regulating the pay, pension, conduct and other
conditions of service of persons appointed under
clause (g) ;

(i) establishing a provident fund for the benefit of

the employees of the Council and of recognised
institutions and regulating its administration ;

(J} regulating and supervising the practice of their
profession by registered nurses, midwives and

health visitors ;

_(k)_ regulating the publication of the names of regill·

tered nurses, midwives and health visitors and
their residencf:s ;

_(l)_ regulating the conditions under which such nurses,

midwives and health visitors registered in other

[States] [1 ] or other countries may be admitted to
the register, on such other [States] J and coun-
tries granting reciprocal registration to persons
registered on the register of the Council;

_(m)_ determining the manner in which all fees levied
under this Act and all moneys received by the

Council shall be accounted for, audited and
applied for the purposes of this Act, and for
regulating the expenditute of the Council gene.
raUy; and

_(n)_ generally for the provision of any matters in

respect of which the Council considers provision
should be made for the purposes of this Act.

\2) All rules made under this section shall be published

in the Official Gazette.

~ Substituted by the A. 0., 1950 for "Provinces.''


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Protection 35. No suit or otl1er legal proceedings shall lie against
of . peno~• any persons for anything done or intended to be done in
=~~g fai:h good faith under this Act or rules.
under che

Aa or
rules.
Certain per- 36. Every persons appointed under suh-sl"ction (1) or

snos. to be sub-section (2) of section 1 2 shall be deemed to be a public

pubhc ser- servant within the meaning of section 21 of the J ndian
vants. Penal Code.

Act not , 0 37. Nothing m this Act shall apply to medical pracli·

apply to tioners possessing qualifications entitling them to registration

medi~l under the Assam Medical Act, 1916.
pr1Cttboner.

'•

A. G. P. (L.g.) No.Sl/56-200-2,.IO.J956,


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