The National Nursing and Midwifery Commission Act, 2023
# THE NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023
 _____________

 ARRANGEMENT OF SECTIONS

 __________

 CHAPTER I

 PRELIMINARY

 SECTIONS

1. Short title and commencement.

2. Definitions.

CHAPTER II

NATIONAL NURSING AND MIDWIFERY COMMISSION.

3. National Nursing and Midwifery Commission.

4. Composition of National Commission.

5. Search-cum Selection Committee for appointment of Chairperson and Members of National

Commission.

6. Term of office and conditions of service of Chairperson and Members of National

Commission.

7. Removal of Chairperson or Member of National Commission.

8. Secretary and other employees of National Commission.

9. Meetings of National Commission, administration, etc.

10. Powers and functions of National Commission.

CHAPTER III

AUTONOMOUS BOARDS

11. Autonomous Boards.

12. Composition of Autonomous Boards.

13. Term of office and conditions of service of President and Members.

14. Advisory committees of experts.

15. Staff of Autonomous Boards.

16. Meetings, etc., of Autonomous Boards.

17. Powers of Autonomous Boards and delegation of powers.

18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education

Board.

19. Powers and functions of Nursing and Midwifery Assessment and Rating Board.

20. Powers and functions of Nursing and Midwifery Ethics and Registration Board.

1


-----

21. Permission for establishment of new nursing or midwifery institution.

22. Criteria for approving or disapproving proposal.

CHAPTER IV

STATE NURSING AND MIDWIFERY COMMISSIONS

23. Constitution and composition of State Nursing and Midwifery Commission.

24. Functions of State Commission.

CHAPTER V

REGISTRATION

25. National Register and State Register.

26. Rights of persons to have licence to practice and to be enrolled in National Register or State

Register for Nursing and Midwifery Professionals and their obligations thereto.

27. Bar to practice.

CHAPTER VI

RECOGNITION OF NURSING AND MIDWIFERY QUALIFICATIONS

28. Recognition of nursing and Midwifery qualifications granted by Universities or nursing and

midwifery institutions in India.

29. Recognition of nursing and midwifery qualifications granted by nursing and midwifery

institutions outside India.

30. Recognition of nursing and midwifery qualifications granted by statutory or other body in India.

31. Withdrawal of recognition granted to nursing and midwifery qualification granted by nursing and

midwifery institutions in India.

32. Special provision in certain cases for recognition of nursing and midwifery qualifications.

33. Derecognition of nursing and midwifery qualifications granted by nursing and midwifery

institutions outside India.

CHAPTER VII

NURSING AND MIDWIFERY ADVISORY COUNCIL

34. Nursing and Midwifery Advisory Council.

35. Functions of Nursing and Midwifery Advisory Council.

36. Meetings of Nursing and Midwifery Advisory Council.

CHAPTER VIII

GRANTS, AUDIT AND ACCOUNTS

37. Grants by Central Government.

38. National Nursing and Midwifery Commission Fund.

39. Audit and accounts.

40. Furnishing of returns and reports to Central Government.

2


-----

CHAPTER IX

MISCELLANEOUS

41. Power of Central Government to give directions to National Commission, Autonomous Boards

and Nursing and Midwifery Advisory Council.

42. Power of Central Government to give directions to State Governments.

43. Power of National Commission to give directions to State Commissions.

44. Information to be furnished by National Commission and publication thereof.

45. Obligation of Universities and nursing and midwifery institutions.

46. Completion of courses of studies in nursing and midwifery institutions.

47. Chairperson, Members, officers of National Commission and of Autonomous Boards, to be public

servants.

48. Protection of action taken in good faith.

49. Cognizance of offences.

50. Power of Central Government to supersede National Commission.

51. Power of Central Government to make rules.

52. Power to make regulations.

53. Power of State Government to make rules.

54. Laying of rules, regulations and notifications before Parliament.

55. Power to remove difficulties.

56. Repeal and saving.

57. Transitory provisions.

3


-----

# THE NATIONAL NURSING AND MIDWIFERY COMMISSION ACT, 2023

 ACT NO. 26 OF 2023

[12th August, 2023.]

An Act to provide for regulation and maintenance of standards of education and services by nursing and
midwifery professionals, assessment of institutions, maintenance of a National Register and State Registers
and creation of a system to improve access, research and development and adoption of latest scientific
advancement and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title and commencement.—(1) This Act may be called the National Nursing and Midwifery**

Commission Act, 2023.

(2) It shall come into force on [1]such date as the Central Government may, by notification in the Official

Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference
in any provision to the commencement of this Act shall be construed as a reference to the coming into force
of that provision.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “Autonomous Board” means any of the Autonomous Boards constituted under section 11;

(b) “Chairperson” means the Chairperson of the National Nursing and Midwifery Commission

appointed under section 4;

(c) “Fund” means the National Nursing and Midwifery Commission Fund referred to in section 38;

(d) “midwifery” means a skilled, knowledgeable, and compassionate care for childbearing women,

new-born infants and families across the continuum from pre-pregnancy, pregnancy, birth, postpartum
and the early weeks of life and includes—

(i) preventive measures;

(ii) promotion of normal birth;

(iii) detection of complications in mother and child;

(iv) accessing of medical care or other appropriate assistance;

(v) appropriate and timely referrals; and

(vi) carrying out emergency measures as per the scope of practice as specified by the National

Nursing and Midwifery Commission;

1. 29[th] day of February, 2024, Vide notification No. S.O. 991(E), for Ss. (g), (h), (i), (j), (k) and (l) of section 4,

sub-section 1 of section 5, sub-section (5) & (7) of section 6, sub-section (2) & (7) of section 8, clause (p) of sub-section (2) of
section 10, sub-section 6 of section 12, sub-section (2), (3) and (4) of section 13, clause (d), (e), (f) of sub-section (3) of section
23, sub-section (1) of section 39, sub-section (1) and (2) of section 40 and sub-section (5) of section 56, dated 29[th] February,
2024 see Gazette of India, Extra ordinary, Part II, sec. 3(ii).

4


-----

(e) “midwifery associate” means a member of the health team, who has acquired the recognised

qualification and is granted licence to practice as midwifery associate by the National Nursing and
Midwifery Commission, who—

(i) assists doctors or nurse practitioners in midwifery in the delivery of babies; and

(ii) provides care during pregnancy, labour and postpartum period and instruct parents in baby

care as per the scope of practice specified by the National Nursing and Midwifery Commission;

(f) “midwifery professional” means a person who has obtained the recognised basic or advance

qualification and is granted licence to practice by the National Nursing and Midwifery Commission;

(g) “National Commission” means the National Nursing and Midwifery Commission constituted

under section 3;

(h) “National Register” means the Indian Nurses and Midwives' Register maintained by the Nursing

and Midwifery Ethics and Registration Board under section 25;

(i) “notification” means a notification published in the Gazette of India or the Official Gazette of a

State, as the case may be, and the expression “notify” with its grammatical variation and cognate
expressions shall be construed accordingly;

(j) “nurse” means a healthcare professional who—

(i) has completed a formally recognised programme of basic, generalised nursing education

and who has acquired the requisite qualification and is granted licence to practice nursing by the
National Nursing and Midwifery Commission; and

(ii) demonstrates competency in the practice of nursing;

(k) "nurse practitioner" means a licensed nurse who—

(i) has completed a formally recognised advanced education and training programme and has

acquired the requisite qualification and is granted licence to practice by the National Commission;
and

(ii) demonstrates clinical competencies for the scope of practice, complex decision making

and have expert knowledge in the area of specialisation;

(l) “nurse practitioner in midwifery” means a licensed nurse, who—

(i) has completed a formally recognised advanced education and training programme and who

has acquired the requisite qualification and is granted licence to practice by the National
Commission; and

(ii) demonstrates clinical competency for the scope of practice, complex decision making and

have expert knowledge in the area of specialisation;

(m) “nursing” means the autonomous and collaborative care of individuals of all ages, families,

groups and communities, sick or well and includes the promotion of health, prevention of illness, care
of physically ill, mentally ill, disabled and dying people in all healthcare and other community
settings by—

(i) carrying out healthcare teaching;

(ii) participating fully as a member of the healthcare team; and

5


-----

(iii) supervising and training nursing and healthcare auxiliaries, additional key nursing roles

including advocacy, promotion of a safe environment, research, participation in shaping health
policy, in-patient health systems management and education;

(n) “Nursing and Midwifery Assessment and Rating Board” means the Nursing and Midwifery

Assessment and Rating Board constituted under clause (b) of sub-section (1) of section 11;

(o) “Nursing and Midwifery Ethics and Registration Board” means the Nursing and Midwifery

Ethics and Registration Board constituted under clause (c) of sub-section (1) of section 11;

(p) “nursing and midwifery institution” means an educational and training institution or a research

institution within India, recognised under this Act, which grants diploma or undergraduate or
postgraduate or any other post degree diploma or certificate in nursing and midwifery, and includes
affiliated colleges and deemed to be Universities;

(q) “nursing and midwifery leader” means any nursing or midwifery professional, who is the Dean

of a nursing educational institution, or Principal or Vice-Principal of a college of nursing, or Nursing
Superintendent, or Chief Nursing Officer of the Nursing and Midwifery Department, in any institution
or healthcare facility and possessing such qualifications and experience as may be prescribed;

(r) “Nursing and Midwifery Undergraduate and Postgraduate Education Board” means the Nursing

and Midwifery Undergraduate and Postgraduate Education Board constituted under clause (a) of
sub-section (1) of section 11;

(s) “nursing associate” means a member of the health team, who has acquired the recognised

qualification and is granted licence to practice as nursing associate by the National Commission, who
provides care for the sick and injured including those in need of nursing care in varied health settings
within his authorised scope of practice;

(t) “nursing professional” means a nurse registered with the National Commission, having basic or

advance qualification and includes a nurse practitioner in any speciality;

(u) “prescribed” means prescribed by rules made under this Act;

(v) “qualification” means the level of courses such as diploma, undergraduate degree, postgraduate

degree and higher qualification including certification courses, inclusive of the specified curriculum of
such courses or programmes;

(w) “recognised nursing and midwifery qualification” means a nursing and midwifery qualification

recognised under section 28 or section 29 or section 32, as the case may be;

(x) “registered professional” means any associate or professional in nursing and midwifery who is

registered with any of the State Commissions or, as the case may be, the National Commission under
section 25;

(y) “regulations” means the regulations made by the National Commission under section 52;

(z) “State Commission” means the State Nursing and Midwifery Commission constituted under

section 23;

(za) “State Register” means the State Register for Nursing Professionals and Midwifery

Professionals or the State Register for Nurse Associates and Midwifery Associates, maintained by State
Commission under section 25;

6


-----

(zb) “University” shall have the same meaning as assigned to it in clause (f) of section 2 of the

University Grants Commission Act, 1956 and includes an institution declared to be deemed University
under section 3 of that Act.

CHAPTER II

NATIONAL NURSING AND MIDWIFERY COMMISSION

**3. National Nursing and Midwifery Commission.—(1) The Central Government shall constitute a**

Commission, to be known as the National Nursing and Midwifery Commission, with effect from such date
as it may, by notification, appoint, for exercising such powers and discharging such duties as are laid down
under this Act.

(2) The National Commission shall be a body corporate by the name aforesaid, having perpetual

succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose
of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(3) The head office of the National Commission shall be at New Delhi.

**4. Composition of National Commission.—The National Commission shall consist of a Chairperson,**

sixteen ex officio Members and twelve Members as follows, namely:—

(a) a person having outstanding ability, proven administrative capacity and integrity and possessing a

postgraduate degree in nursing and midwifery profession from any University with experience of not less
than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a nursing
and midwifery leader, to be appointed by the Central Government—Chairperson;

(b) one representative of the Department of Health and Family Welfare, Ministry of Health and Family

Welfare, not below the rank of Joint Secretary to the Government of India who is in-charge of nursing and
midwifery—Member, ex officio;

(c) one representative of the Ministry of Defence not below the rank of Additional Director General,

Military Nursing Services to the Government of India in the Directorate General of Armed Forces Medical
Services—Member, ex officio;

(d) one representative of the Directorate General of Health Services not below the rank of Additional

Director General—Member, ex officio;

(e) one person representing the National Medical Commission not below the rank of Deputy Secretary

to the Government of India—Member, ex officio;

(f) President of each of the Autonomous Boards constituted under section 11—Members, ex officio;

(g) three persons, not below the rank of Chief Nursing Officer or Nursing Superintendent of any of the

hospitals or Dean or Principal of College of Nursing, as the case may be, to be nominated by the Central
Government from Central Government hospitals or Nursing and Midwifery Institutions of repute in such
manner as may be prescribed—Members, ex officio;

(h) one person from each of the six zones, as may be prescribed, not below the rank of Chairperson,

who shall be a nursing and midwifery professional, representing the State Commissions, on biennial
rotation in the alphabetical order as per the zonal distribution of States and Union territories, to be
nominated in such manner as may be prescribed—Members, ex officio;

(i) six nursing members of eminence, one from each of the six zones, as may be prescribed, from nursing

and midwifery profession of outstanding ability, proven administrative capacity and integrity, possessing a

7


-----

postgraduate degree in any discipline of nursing and midwifery from any University and having experience
of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall
be as a nursing and midwifery leader, to be nominated by the State Governments in such manner as may be
prescribed—Members:

Provided that the States and Union territories represented under clauses (h) and (i) shall be distinct;

(j) four nursing and midwifery members of eminence, of which at least two shall be midwifery

professionals, of outstanding ability, proven administrative capacity and integrity, possessing a
postgraduate degree in any discipline of nursing and midwifery from any University and having experience
of not less than fifteen years in the field of nursing and midwifery, out of which at least seven years shall
be as a nursing and midwifery leader, to be nominated by the Central Government in such manner as may
be prescribed—Members;

(k) one person representing charitable institutions engaged in education or services in the field of

nursing and midwifery and having such qualification and experience, to be appointed by the Central
Government in such manner as may be prescribed—Member; and

(l) a person of eminence to be appointed by the Central Government, in such manner as may be

prescribed, from amongst persons of ability, integrity and standing, who have special knowledge and
professional experience in such areas including management, law, medical ethics, health research,
consumer or patient rights advocacy, science and technology and economics—Member.

**5. Search-cum Selection Committee for appointment of Chairperson and Members of National**

**Commission.—(1) The Central Government shall appoint—**

(i) the Chairperson and Members referred to in clauses (a), (j), (k) and (l) of section 4;

(ii) the Secretary referred in sub-section (2) of section 8; and

(iii) the President and Members of Autonomous Boards referred in sub-sections (3), (4) and (5) of

section 12,

on the recommendations of a Search-cum-Selection Committee consisting of—

(a) the Secretary, Ministry of Health and Family Welfare—Chairperson;

(b) four nursing and midwifery experts possessing outstanding qualifications and experience of not

less than twenty-five years in the field of nursing and midwifery education, public health nursing
education and nursing health research, to be nominated by the Central Government in such manner as
may be prescribed—Members;

(c) one person, possessing outstanding qualifications and experience of not less than twenty-five

years in the field of management or law or economics or science and technology, to be nominated by
the Central Government in such manner as may be prescribed—Member; and

(d) an Additional Secretary or a Joint Secretary to the Government of India in-charge of nursing in

the Ministry of Health and Family Welfare, to be the Convenor—Member.

(2) The Central Government shall, within one month from the date of occurrence of any vacancy,

including by reason of death, resignation or removal of the Chairperson or Secretary or a Member, or within
three months before the end of tenure of the Chairperson or Secretary or Member, make a reference to the
Search-cum-Selection Committee for filling up of the vacancy.

8


-----

(3) The Search-cum-Selection Committee shall recommend a panel of at least three names for each

vacancy.

(4) The Search-cum-Selection Committee shall, before recommending any person for appointment of

the Chairperson or Secretary or Member, satisfy itself that such person does not have any financial or other
interest which is likely to affect prejudicially his functions as such Chairperson or Secretary or Member.

(5) No appointment of the Chairperson or Secretary or Member of the National Commission or, as the

case may be, the President or Member of the Autonomous Boards, shall be invalid merely by reason of any
vacancy or absence of a Member in the Search-cum-Selection Committee.

(6) Subject to the provisions of sub-sections (2) to (5), the Search-cum-Selection Committee may

regulate its own procedure.

**6. Term of office and conditions of service of Chairperson and Members of National**

**Commission.—(1) The Chairperson, Secretary and Members of the National Commission referred to in**
clauses (i), (j), (k) and (l) of section 4, shall hold office for a term not exceeding four years, as the Central
Government may notify in this behalf, from the date on which they enter upon their office and shall not be
eligible for any extension or reappointment.

(2) A person who has completed the age of sixty-five years on the date of application shall not be

eligible for the post of Member of the National Commission.

(3) The term of office of an ex officio Member shall continue as long as such Member holds the office

by virtue of which he is a Member.

(4) Where a Member appointed to the National Commission under clause (i) or clause (j) or clause (k)

or clause (l) of section 4, is absent from three consecutive ordinary meetings of the National Commission
and the cause of such absence is not attributable to any valid reason in the opinion of the National
Commission, such Member shall be deemed to have vacated the seat.

(5) The Chairperson of the National Commission and the Members of the National Commission

referred to in clauses (i), (j), (k) and (l) of section 4, shall receive such salaries or travelling and other
allowances as may be prescribed.

(6) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member of the National

Commission referred to in clauses (i), (j), (k) and (l) of section 4, may—

(a) relinquish his office by giving in writing to the Central Government a notice of not less than

three months; or

(b) be removed from his office in accordance with the provisions of section 7:

Provided that, if the Central Government so decides, such person may be relieved from duties earlier

than three months or be allowed to continue beyond three months until a successor is appointed.

(7) The Chairperson and every Member of the National Commission shall make declaration of his assets

and liabilities at the time of entering upon his office and at the time of demitting office and also declare his
professional and commercial engagement or involvement in such form and manner as may be prescribed,
and the said declaration shall be published on the website of the National Commission.

(8) The Chairperson or a Member of the National Commission referred to in clauses (i), (j), (k) and (l)

of section 4, ceasing to hold office as such, shall not accept, for a period of two years from the date of
demitting such office, any employment, in any capacity including as a consultant or an expert, in any private

9


-----

nursing and midwifery institution, whose matter has been dealt with by such Chairperson or Member, either
directly or indirectly:

Provided that nothing contained herein shall be construed as preventing such person from accepting an

employment in a body or institution, including nursing and midwifery institution, controlled or maintained
by the Central Government or a State Government:

Provided further that nothing contained herein shall prevent the Central Government from permitting

the Chairperson or a Member of the National Commission to accept any employment in any capacity,
including as a consultant or expert in any private nursing and midwifery institution whose matter has been
dealt with by such Chairperson or Member.

**7. Removal of Chairperson or Member of National Commission.—(1) The Central Government**

may, by order, remove from office, the Chairperson or any other Member of the National Commission,
who—

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government, involves

moral turpitude; or

(c) has become physically or mentally incapable of acting as a Member; or

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

(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as

a Member; or

(f) has so misused his position as to render his continuance in office prejudicial to the public interest.

(2) No Member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given

a reasonable opportunity of being heard.

**8. Secretary and other employees of National Commission.—(1) There shall be a secretariat for the**

National Commission to be headed by a Secretary, to be appointed by the Central Government in
accordance with the provisions of section 5.

(2) The Secretary of the National Commission shall be a person of outstanding ability, proven

administrative capacity and integrity, possessing such qualifications and experience, as may be
prescribed.

(3) The Secretary shall hold the office for a term of four years and shall not be eligible for any extension

or reappointment.

(4) The Secretary shall also be the Member Secretary of each of the Autonomous Boards constituted

under section 11.

(5) The Secretary shall discharge such functions of the National Commission and that of each of the

Autonomous Boards constituted under section 11, as may be specified by regulations.

(6) The National Commission may, for the optimum discharge of its functions under this Act, appoint

such officers, and other employees of the National Commission other than the Secretary, as it considers
necessary, against the posts created by the Central Government as recommended by the National
Commission.

(7) The salaries and allowances payable to and other terms and conditions of service of the Secretary,

officers and other employees of the National Commission shall be such, as may be prescribed.

10


-----

(8) The National Commission may engage, in accordance with the procedure, such number of experts,

consultants and professionals of integrity and outstanding ability, as may be specified by regulations, who
have special knowledge of, and experience in such fields, including nursing and midwifery education,
public health nursing, management, health economics, quality assurance, patient advocacy, nursing
research, science and technology, administration, finance, information technology, statistics, nursing
informatics, accounts and law, as it deems necessary, to assist the National Commission in the discharge of
its functions under this Act.

(9) The National Commission may also invite, in accordance with the procedure, such number of

experts and domain specialists from foreign countries to the meetings of the National Commission, as may
be specified by regulations, who have special knowledge of nursing and midwifery curriculum, practical
training and pattern of examination including licentiate examination of the relevant foreign country, as it
deems necessary, to facilitate global mobility and employability of registered professional.

**9. Meetings of National Commission, administration, etc.—(1) The National Commission shall meet**

at least once in every quarter at such time and place as may be appointed by the Chairperson.

(2) The Chairperson shall preside over the meetings of the National Commission and if for any reason

the Chairperson is unable to attend such meeting, any other Member being the President of an Autonomous
Board, as may be nominated by the Chairperson, shall preside over that meeting.

(3) Unless the procedure to be followed at the meetings of the National Commission is otherwise

provided by regulations, one-half of the total number of Members of the National Commission including
the Chairperson shall constitute the quorum at the meeting of the National Commission and all the acts of
the National Commission shall be decided by a majority of the Members, present and voting and in the
event of equality of votes, the Chairperson, or in his absence, the President of the Autonomous Board
nominated under sub-section (2), shall have the casting vote.

(4) The general superintendence, direction and control of the administration of the National

Commission shall vest in the Chairperson.

(5) No act done by the National Commission shall be questioned on the ground of the existence of a

vacancy in, or a defect in the constitution of, the National Commission.

**10. Powers and functions of National Commission.—(1) The National Commission shall take all**

such steps as it may think fit for ensuring coordinated and integrated development of education and
maintenance of the standards of delivery of services, with periodic revisions, as may be specified by
regulations.

(2) The National Commission may make regulations for the purposes of performing the following

functions, namely:—

(a) to frame policies and regulate standards for the governance of nursing and midwifery education

and training;

(b) to regulate nursing and midwifery institutions, researches, professionals and associates;

(c) to identify and regulate any other category of nursing and midwifery profession;

(d) to provide basic standards of education, physical and instructional facilities, assessment,

examination, training, research, continuing professional education and maximum tuition fee payable in
respect of various categories;

11


-----

(e) to provide standards for nursing and midwifery faculty and clinical facility in teaching

institutions;

(f) to provide for a uniform mechanism for admission into the nursing and midwifery institutions

at various levels.

_Explanation.—For the purposes of this clause, it is clarified that the authority as may be designated_

by the Central Government shall make admissions into nursing and midwifery institutions in such
uniform manner at all India level, and the authority as may be designated by the State Government shall
make admissions in the same manner into nursing and midwifery institutions at State level;

(g) to provide for a mechanism, either through final year undergraduate exam or otherwise, to

ensure adequate competence of the nursing and midwifery professionals for enrolment in the National
Register or State Register, as the case may be, and for granting licence to practice as a nursing and
midwifery professional;

(h) to collaborate with industry and other institutions for use of cutting-edge technology and hybrid

education to drive innovation and research in the field of nursing and midwifery;

(i) to integrate soft skills and elective courses in the curriculum of nursing and midwifery

qualifications and to take measures to enhance skills and competency of registered professional for
facilitating global mobility;

(j) to assess the nursing and midwifery requirements in healthcare, including human resources for

various healthcare settings, provide mechanisms for career development pathways for all nursing and
midwifery related cadres including appropriate lateral entry as applicable and advise the Central
Government on matters pertaining thereto;

(k) to ensure policies and codes to ensure observance of professional ethics in nursing and

midwifery profession and to promote ethical conduct during the provision of care by nursing and
midwifery professionals, including nursing associates and midwifery associates;

(l) to promote, co-ordinate and frame guidelines and lay down policies for the proper functioning

of the National Commission, the Autonomous Boards, the Advisory Council and the State
Commissions;

(m) to ensure coordination among the Autonomous Boards;

(n) to take such measures, as may be necessary, to ensure compliance of the guidelines framed and

regulations made under this Act by the State Commissions for their effective functioning;

(o) to exercise appellate jurisdiction with respect to the decisions of Autonomous Boards; and (p)

to perform such other functions as may be prescribed.

(3) The National Commission may delegate such of its functions, except the power to make regulations,

to the Autonomous Boards as it may deem necessary.

(4) The National Commission shall, at least once a year, hold a meeting with the National Medical

Commission, Pharmacy Council of India, National Commission for Indian System of Medicine, National
Commission for Homoeopathy and National Commission for Allied and Healthcare Professions, or the
corresponding National Regulator for regulating the said professions, at such time and place as they
mutually appoint, to enhance the interface between different workforce categories in modern system of
medicine, develop consensus on issues and promote team based approach to healthcare delivery.

12


-----

(5) Every order and decision of the National Commission shall be authenticated by the signature of its

Secretary.

(6) The National Commission may delegate such of its powers of administrative and financial matters,

as it deems fit, to its Secretary.

(7) The National Commission may constitute sub-committees and delegate such of its powers to such

sub-committees as may be necessary to enable them to accomplish specific tasks.

CHAPTER III

AUTONOMOUS BOARDS

**11. Autonomous Boards.—(1) The Central Government shall, by notification, constitute the following**

Autonomous Boards, under the overall supervision of the National Commission, to perform the functions
assigned to such Boards under this Act, namely:—

(a) the Nursing and Midwifery Undergraduate and Postgraduate Education Board;

(b) the Nursing and Midwifery Assessment and Rating Board; and

(c) the Nursing and Midwifery Ethics and Registration Board.

(2) Every Autonomous Board referred to in sub-section (1) shall be an autonomous body which shall

carry out its functions under this Act in such manner as may be specified by regulations.

**12. Composition of Autonomous Boards.—(1) The Nursing and Midwifery Undergraduate and**

Postgraduate Education Board shall have not more than two whole-time Members and not more than two
part-time Members other than a President.

(2) The Nursing and Midwifery Assessment and Rating Board and the Nursing and Midwifery Ethics

and Registration Board shall consist of a President, not more than two whole-time Members and not more
than two part-time Members.

(3) The President of each Autonomous Board, two whole-time Members and one part-time Member of

Nursing and Midwifery Undergraduate and Postgraduate Education Board, and one whole-time Member
and one part-time Member of Nursing and Midwifery Assessment and Rating Board and Nursing and
Midwifery Ethics and Registration Board, shall be persons of outstanding ability, proven administrative
capacity and integrity, possessing a postgraduate degree in any discipline of nursing and midwifery from
any University and having experience of not less than fifteen years, out of which at least seven years shall
be as a nursing and midwifery leader to be appointed by the Central Government on the recommendations
of the Search-cum-Selection Committee constituted under section 5.

(4) The second whole-time Member of the Nursing and Midwifery Assessment and Rating Board, to

be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee
constituted under section 5, shall be a person of outstanding ability and integrity, possessing a postgraduate
degree in any of the disciplines of management, quality assurance, law or science and technology from any
University, having hands on clinical experience of not less than fifteen years in such field, out of which at
least seven years shall be as the Head of a Department or the Head of an Institute or an organisation.

(5) The second whole-time Member of the Nursing and Midwifery Ethics and Registration Board, to

be appointed by the Central Government on the recommendations of the Search-cum-Selection Committee
constituted under section 5, shall be a person of outstanding ability who has demonstrated public record of
work on nursing or medical ethics or a person of outstanding ability possessing a postgraduate degree in
any of the disciplines of quality assurance, public health, law or patient advocacy from any University and

13


-----

having experience of not less than fifteen years in such field, out of which at least seven years shall be as
the Head of a Department or the Head of an Institute or an organisation.

(6) The second part-time Member of the Nursing and Midwifery Assessment and Rating Board, the

Nursing and Midwifery Ethics and Registration Board and the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, shall be chosen from amongst the nursing and midwifery Members
representing the State Commissions under clause (h) of section 4, in such manner as may be prescribed.

**13. Term of office and conditions of service of President and Members.—(1) The President and the**

whole-time Members of each Autonomous Board shall hold office for a term not exceeding four years and
shall not be eligible for any extension or reappointment:

Provided that the part-time Members of each Autonomous Board shall hold the office for a term of two

years:

Provided further that a Member should be less than sixty-five years of age on the date of application

for the office of Member.

(2) The vacancies of each Autonomous Board shall be filled in such manner as may be prescribed.

(3) The salaries and allowances payable to, and other terms and conditions of service of the President

and the whole-time Members of an Autonomous Board shall be such as may be prescribed.

(4) Every part-time Member of an Autonomous Board shall be entitled for such allowances as may be

prescribed.

(5) The provisions of sub-sections (4), (5), (6), (7) and (8) of section 6 relating to other terms and

conditions of service, and section 7 relating to removal from the office, of the Chairperson and Members
of the National Commission shall mutatis mutandis apply to the President and Members of the Autonomous
Boards.

**14. Advisory committees of experts.—(1) Each Autonomous Board, except the Nursing and**

Midwifery Ethics and Registration Board, shall be assisted by such advisory committees consisting of
experts as may be constituted by the National Commission, for the efficient discharge of the functions of
such Autonomous Board.

(2) The Nursing and Midwifery Ethics and Registration Board shall be assisted by such ethics

committees of experts as may be constituted by the National Commission for the efficient discharge of the
functions of such Autonomous Board.

**15. Staff of Autonomous Boards.—(1) The experts, consultants, professionals, officers and other**

employees appointed under section 8 shall be made available to the Autonomous Boards in such number
and manner, as may be specified by regulations.

(2) The foreign experts and domain specialists from foreign countries invited by the National

Commission under section 8 shall also be made available to the Autonomous Boards in such number and
manner, as may be specified by regulations.

**16. Meetings, etc., of Autonomous Boards.—(1) Every Autonomous Board shall meet at least once**

in a month at such time and place as it may appoint.

(2) Every decision of the Autonomous Boards shall be made by majority of votes of its respective

President and Members.

14


-----

(3) Subject to the provisions of section 21, a person aggrieved by any decision of an Autonomous

Board, may prefer an appeal to the National Commission against such decision within thirty days of the
communication of that decision and the National Commission shall, after giving an opportunity of being
heard, dispose of the appeal within a period of sixty days from the date of such appeal.

**17. Powers of Autonomous Boards and delegation of powers.—(1) The President of each**

Autonomous Board shall have such administrative and financial powers as may be delegated to it by the
National Commission to enable such Autonomous Board for optimum functioning.

(2) The President of an Autonomous Board may further delegate any of his powers to a Member or an

officer of such Autonomous Board.

**18. Powers and functions of Nursing and Midwifery Undergraduate and Postgraduate Education**

**Board.—(1) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall perform**
the following functions, namely:—

(a) determine the minimum requirements and standards of nursing and midwifery education and

examination at undergraduate level and postgraduate level, in such manner as may be specified by
regulations, and oversee all aspects relating thereto;

(b) develop dynamic competency based curriculum at undergraduate level and postgraduate level,

in such manner as may be specified by regulations, with a view to develop appropriate skill, knowledge,
attitude, values and ethics to provide healthcare, impart nursing and midwifery education and conduct
research:

Provided that the competencies shall be aligned with the needs of the national health programme,

across continuum of care in varied healthcare settings in order to ensure optimum healthcare delivery
system;

(c) prescribe qualifications at the undergraduate level and postgraduate level in nursing and

midwifery and such other particulars, as may be specified by regulations;

(d) prescribe standards for setting up of nursing and midwifery institutions for imparting

undergraduate and postgraduate courses, having regard to the needs of the country and the global
norms, in such manner as may be specified by regulations;

(e) determine the standards and norms for infrastructure, faculty and quality of education in nursing

and midwifery institutions providing undergraduate and postgraduate nursing and midwifery education,
in such manner as may be specified by regulations;

(f) facilitate development and training of faculty members for teaching, research as well as

international student and faculty exchange programmes relating to undergraduate, nursing and
midwifery education;

(g) specify norms for compulsory annual disclosures, clinical facilities, faculty, digitally or

otherwise, by nursing and midwifery institutions, in respect of their functions that has a bearing on the
interest of all stakeholders including students, faculty, State Commissions, the National Commission
and the Central Government;

(h) regulate the standards and scope of practice of registered nursing and midwifery professionals,

including nurse practitioners, nursing associates and midwifery associates who have obtained the
nursing and midwifery qualification as provided by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, in such manner as may be specified by regulations; and

(i) regulate, in consultation with the National Medical Commission, the limited prescribing

authority for nurse practitioners in all specialities, who have obtained the requisite nursing and
midwifery qualification and qualify such criteria as may be provided by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board, in such manner as may be specified by regulations.

15


-----

(2) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall, in the

discharge of its duties, make such recommendations to, and seek such directions from, the National
Commission, as it may deem necessary.

**19. Powers and functions of Nursing and Midwifery Assessment and Rating Board.—(1) The**

Nursing and Midwifery Assessment and Rating Board shall perform the following functions, namely:—

(a) the procedure for assessing and rating the nursing and midwifery institutions for their

compliance with the standards laid down by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board, shall be such as may be specified by regulations;

(b) grant permission for establishment of a new nursing and midwifery institution, or to start any

postgraduate level or higher qualification course, or to increase number of seats, in accordance with the
provisions of section 21;

(c) conduct inspections of nursing and midwifery institution for assessing and rating such

institutions in such manner as may be specified by regulations:

Provided that the Nursing and Midwifery Assessment and Rating Board may, if it deems necessary,

hire and authorise any other inspection agency or accreditation body or persons for conducting
inspections of nursing and midwifery institutions for assessing and rating such institutions:

Provided further that where inspection of nursing and midwifery institution is conducted by such

inspection agency or accreditation body or persons authorised by the Nursing and Midwifery
Assessment and Rating Board, it shall be obligatory on such institution to provide access to such agency
or person:

Provided also that the Nursing and Midwifery Assessment and Rating Board may conduct

evaluation and assessment of any nursing and midwifery institution at any time, either directly or
through any other expert having integrity and experience of nursing and midwifery profession and
without any prior notice and assess and evaluate the performance, standards and benchmarks of such
nursing and midwifery institution;

(d) conduct, or where it deems necessary, empanel independent rating agencies to conduct, assess

and rate all nursing and midwifery institutions, within such period of their opening, at such time, and
in such manner as may be specified by regulations;

(e) make available on its website or in public domain the assessment and ratings of nursing and

midwifery institutions at regular intervals in such manner as may be specified by regulations;

(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake

or stoppage of admissions and recommending to the National Commission for withdrawal of
recognition, against a nursing and midwifery institution for failure to maintain the minimum essential
standards specified by the Nursing and Midwifery Undergraduate and Postgraduate Education Board,
in such manner as may be specified by regulations:

Provided that the monetary penalty imposed shall not be less than one-tenth, and not more than five

times, of the total amount charged, by whatever name called, by such institution for one full batch of
students of undergraduate course or postgraduate course, as the case may be:

Provided further that the Nursing and Midwifery Assessment and Rating Board shall consult the

Nursing and Midwifery Undergraduate and Postgraduate Education Board before recommending to the
National Commission for withdrawal of recognition of a nursing and midwifery institution that fails to
maintain the minimum essential standards specified by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board.

16


-----

(2) The Nursing and Midwifery Assessment and Rating Board shall, in the discharge of its functions,

make such recommendations to, and seek such directions from, the National Commission, as it may deem
necessary.

**20.** **Powers and functions of Nursing and Midwifery Ethics and Registration Board.—(1) The**

Nursing and Midwifery Ethics and Registration Board shall perform the following functions, namely:—

(a) maintain the National Register for all registered professionals in accordance with the

provisions of section 25;

(b) approve or reject applications for registration of professionals governed under this Act;

(c) regulate professional conduct and promote nursing and midwifery ethics in such manner as may

be specified by regulations:

Provided that the Nursing and Midwifery Ethics and Registration Board shall ensure compliance

of the code of professional and ethical conduct through the State Commission in a case where such
State Commission has been conferred power to take disciplinary action in respect of professional or
ethical misconduct by nursing and midwifery professionals under this Act;

(d) develop mechanisms to have continuous interaction with State Commissions to effectively

promote and regulate the conduct of nursing and midwifery professionals;

(e) exercise appellate jurisdiction with respect to the actions taken by a State Commission under

section 24; and

(f) provide for mechanisms for receiving complaints and grievance redressal.

(2) The Nursing and Midwifery Ethics and Registration Board shall, in the discharge of its duties, make

such recommendations to, and seek such directions from, the National Commission, as it may deem
necessary.

**21. Permission for establishment of new nursing or midwifery institution.—(1) No person shall**

establish a new nursing and midwifery institution, or start any postgraduate course, or increase number of
seats, without obtaining prior permission of the Nursing and Midwifery Assessment and Rating Board:

Provided that the Nursing and Midwifery Assessment and Rating Board shall consult the Nursing and

Midwifery Undergraduate and Postgraduate Education Board before according or refusing to accord such
permission.

(2) For the purposes of obtaining permission under sub-section (1), a person may submit a proposal to

the Nursing and Midwifery Assessment and Rating Board in such form, containing such particulars,
accompanied by such fee, and in such manner, as may be specified by regulations.

(3) The Nursing and Midwifery Assessment and Rating Board shall, having due regard to the criteria

specified in section 22, consider the proposal received under sub-section (2) and either approve or
disapprove such proposal within a period of six months from the date of such receipt:

Provided that before disapproving such proposal, an opportunity to rectify the defects, if any, shall be

given to the person concerned.

(4) Where a proposal is approved under sub-section (3), such approval shall be deemed to be the

permission under sub-section (1) to establish a new nursing and midwifery institution or start any
postgraduate course or increase number of seats, as the case may be.

(5) Where a proposal is disapproved under sub-section (3), or where no decision is taken within six

months of submitting a proposal under sub-section (2), the person concerned may prefer an appeal to the
National Commission for approval of that proposal within fifteen days of such disapproval or, as the case
may be, lapse of six months, in such manner as may be specified by regulations.

17


-----

(6) The National Commission shall decide the appeal received under sub-section (5) within a period of

forty-five days from the date of receipt of the appeal and in case the National Commission approves the
proposal, such approval shall be the permission under sub-section (1) to establish a new nursing and
midwifery institution or start any postgraduate course or increase number of seats, as the case may be, and
in case the National Commission disapproves the proposal, or fails to give its decision within the specified
period, the person concerned may prefer a second appeal to the Central Government within thirty days of
communication of such disapproval or, as the case may be, after the lapse of specified period.

_Explanation.—For the purposes of this section, the term “person” includes a University, trust or any_

other association of persons or body of individuals, but does not include the Central Government.

**22. Criteria for approving or disapproving proposal.—The Nursing and Midwifery Assessment and**

Rating Board or, as the case may be, the National Commission, shall, while approving or disapproving a
proposal under section 21, take into consideration the following criteria, namely:—

(a) adequacy of financial resources;

(b) whether adequate academic faculty and other necessary facilities have been provided to ensure

proper functioning of nursing and midwifery institution or will be provided within the time-limit specified
in the proposal;

(c) whether adequate hospital facilities have been provided or will be provided within the time-limit

specified in the proposal; and

(d) such other factors as may be specified by regulations:

Provided that subject to the previous approval of the Central Government, the criteria may be relaxed

for the nursing and midwifery institutions which are set up in such areas as may be specified by regulations.

CHAPTER IV

STATE NURSING AND MIDWIFERY COMMISSIONS

**23. Constitution and composition of State Nursing and Midwifery Commission.—(1) Every State**

Government shall, within one year from the commencement of this Act, by notification, constitute a State
Nursing and Midwifery Commission, where no such State Commission exists in that State by a State Law,
for exercising such powers and discharging such duties as may be laid down under this Act.

(2) The State Nursing and Midwifery Commission shall be a body corporate by the name aforesaid,

having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract and shall by the same name sue or be sued.

(3) The State Commission shall consist of the following Members, namely:—

(a) a person of outstanding ability, proven administrative capacity and integrity, possessing a

postgraduate degree in nursing and midwifery from any University and having experience of not less
than twenty years in the field of nursing and midwifery, out of which at least ten years shall be as a
nursing and midwifery leader, to be nominated by the State Government—Chairperson;

(b) one Director or Additional Director or Joint Director representing nursing in the Health

Department of the State Government—Member, ex officio:

Provided that if no such position exists in a State, the in-charge for nursing education and services

may be appointed as such Member;

(c) two persons not below the rank of Dean or Head of the Department from any nursing or

midwifery college or institute of the State Government—Members, ex officio;

18


-----

(d) two persons of eminence, one from nursing and one from midwifery profession having such

qualifications and experience as may be prescribed by the State Government, to be nominated by the
State Government—Members;

(e) two persons of eminence, one from nursing and one from midwifery associates, to be nominated

by the State Government having such qualifications and experience as may be prescribed by the State
Government—Members;

(f) two persons, one from nursing and one from midwifery, representing charitable institutions

engaged in education or services in connection with nursing and midwifery having such qualifications
and experience as may be prescribed by the State Government, to be nominated by the State
Government—Members.

(4) The Chairperson, and Members of the State Commission referred to in clauses (a), (d), (e) and (f)

of sub-section (3), shall hold office for a term not exceeding four years, as the State Government may notify
in this behalf, from the date on which they enter upon their office, and shall not be eligible for any extension
or reappointment.

**24. Functions of State Commission.—(1) The State Commission shall take all such steps as it may**

think fit for ensuring coordinated and integrated development of education and maintenance of the
standards of delivery of services under this Act.

(2) The State Commission may, for the purposes of performing its functions,—

(a) enforce the professional conduct, code of ethics and etiquette to be observed by the nursing and

midwifery professionals including associates in the State and take disciplinary action including the
removal of name of a professional from the State Register;

(b) ensure standards of education, courses, curricula, physical and instructional facilities, staff

pattern, staff qualifications, quality instructions, assessment, examination, training, research,
continuing professional education as provided by the Autonomous Boards;

(c) maintain the State Registers for registered professionals;

(d) issue certification of specialisation or other forms of certification to those who practice the

profession of nursing and midwifery;

(e) conduct common counselling for admission to nursing associate and midwifery associate

courses regulated under this Act;

(f) provide for a skill based examination to ensure adequate competence of Nursing and Midwifery

Associates before enrolment in the State Register;

(g) ensure compliance of all the directives issued by the National Commission;

(h) meet with Principals of all colleges of nursing and schools of nursing in the State at least once

in every quarter to identify and resolve issues; and

(i) perform such other functions as may be entrusted to it by the State Government or Union

territory Administration or the National Commission or as may be necessary for implementation of the
provisions of this Act.

(3) Where a State Act confers power upon the State Commission to take disciplinary action in respect

of any professional or ethical misconduct by a registered professional, the State Commission shall act in
such manner as may be specified by regulations and the guidelines framed under this Act:

Provided that till such time as a State Commission is constituted in a State, the Nursing and Midwifery

Ethics and Registration Board shall receive the complaints and grievances relating to any professional or

19


-----

ethical misconduct against a registered professional in that State in accordance with such procedure as may
be specified by regulations:

Provided further that the Nursing and Midwifery Ethics and Registration Board or the State

Commission, as the case may be, shall give an opportunity of hearing to the registered professional
concerned before taking any action, including imposition of any monetary penalty against such person.

(4) A registered professional or any person, who is aggrieved by any action taken by a State

Commission under sub-section (3), may prefer an appeal to the Nursing and Midwifery Ethics and
Registration Board within a period of sixty days against such action, and the Nursing and Midwifery Ethics
and Registration Board shall decide on the appeal within a period of sixty days, and the decision of the
Nursing and Midwifery Ethics and Registration Board thereupon shall be binding on the State Commission,
unless a second appeal is preferred under sub-section (5).

(5) A registered professional or any person, who is aggrieved by the decision of the Nursing and

Midwifery Ethics and Registration Board, may prefer a second appeal to the National Commission within
a period of sixty days of receipt of communication of such decision and the National Commission shall
dispose of such appeal within a period of ninety days from the date of that appeal.

_Explanation.—For the purposes of this Act, the expressions—_

(a) “professional or ethical misconduct” includes any act of commission or omission as may be

specified by regulations; and

(b) “State” includes Union territory and the expressions “State Government” and “State Nursing

and Midwifery Commission”, in relation to a Union territory, shall respectively mean the “Central
Government” and “Union Territory Nursing and Midwifery Commission”.

CHAPTER V

REGISTRATION

**25. National Register and State Register.—(1) The Nursing and Midwifery Ethics and Registration**

Board shall maintain an online and live Indian Nurses and Midwives' Register containing the name, address,
all recognised qualifications possessed by a nursing professional, midwifery professional, nursing associate,
midwifery associate and such other particulars as may be specified by regulations.

(2) The Nursing and Midwifery Ethics and Registration Board shall maintain the National Register in

such form, including digital form, and in such manner, as may be specified by regulations.

(3) The manner in which a name or qualification may be added to, or removed from, the National

Register and the grounds for adding thereto or removal thereof, shall be such as may be specified by
regulations.

(4) The National Register shall be a public document within the meaning of section 74 of the Indian

Evidence Act, 1872 (1 of 1872).

(5) The Nursing and Midwifery Ethics and Registration Board shall make available the National

Register to the public in the form of a digital portal accessible on the website of the Nursing and Midwifery
Ethics and Registration Board in such manner and form as may be specified by regulations.

(6) Every State Commission shall maintain and regularly update, in digital form, the State Register for

Nursing Professionals and Midwifery Professionals and the State Register for Nursing Associates and
Midwifery Associates in the specified digital format and supply a physical copy of the same to the Nursing
and Midwifery Ethics and Registration Board within three months of the commencement of this Act.

(7) The Nursing and Midwifery Ethics and Registration Board shall ensure dynamic and electronic

synchronisation of the National Register and the State Registers in such a manner that any change in one
register is automatically reflected in the other register.

20


-----

**26. Rights of persons to have licence to practice and to be enrolled in National Register or State**

**Register for Nursing and Midwifery Professionals and their obligations thereto.—(1) Any person**
having a recognised nursing and midwifery qualification shall have his name and qualifications enrolled in
the National Register or the State Register for Nursing and Midwifery Professionals, as the case may be,
and shall be granted a licence to practice in such manner and following such procedures, as may be specified
by regulations:

Provided that a person, who has been registered in the Nurses Register maintained under the Indian

Nursing Council Act, 1947 (48 of 1947) prior to the coming into force of this Act, shall be deemed to have
been registered under this Act and be enrolled in the National Register or the State Register for Nursing
and Midwifery Professionals, as the case may be, maintained under this Act.

(2) A citizen of India, who has obtained a nursing and midwifery qualification recognised under

section 29 or section 32 from a nursing and midwifery institution established in a country outside India,
shall be entitled for registration under this Act in such manner as may be specified by regulations.

(3) When a person, whose name is entered in the National Register or any State Register, as the case

may be, obtains any title, diploma or other qualification for proficiency in nursing sciences or public health
nursing, which is a recognised nursing and midwifery qualification under section 28 or section 29, as the
case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the
National Register or the same State Register, as the case may be, in such manner as may be specified by
regulations.

(4) The registration and licence granted under this section shall be renewed in such manner as may be

specified by regulations.

**27. Bar to practice.—(1) No person, other than a person who is enrolled in the National Register or**

State Register, shall—

(a) be allowed to practice nursing or midwifery as a qualified nursing or midwifery professional or

nursing or midwifery associate;

(b) be entitled to give evidence at any inquest or in any court of law as an expert under section 42

of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to nursing and midwifery:

Provided that a foreign citizen who is enrolled in his country as a nursing and midwifery

professional in accordance with the law regulating the registration of nursing and midwifery
professional in that country may be permitted temporary registration in India for such period and in
such manner as may be specified by regulations.

(2) Any person who contravenes any of the provisions of this section shall be punished with

imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees,
or with both.

CHAPTER VI

RECOGNITION OF NURSING AND MIDWIFERY QUALIFICATIONS

**28. Recognition of nursing and Midwifery qualifications granted by Universities or nursing and**

**midwifery institutions in India.—(1) Every nursing and midwifery qualification granted by any**
University or nursing and midwifery institution in India shall be listed and maintained by the Nursing and
Midwifery Undergraduate and Postgraduate Education Board in such manner as may be specified by
regulations, and such nursing and midwifery qualification shall be a recognised nursing and midwifery
qualification for the purposes of this Act.

21


-----

(2) Every University or nursing and midwifery institution in India which conducts any course for

nursing or midwifery qualification, not included in the list maintained by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board may apply to that Board for granting recognition to such
qualification.

(3) The Nursing and Midwifery Undergraduate and Postgraduate Education Board shall examine the

application for grant of recognition to an undergraduate or postgraduate or speciality or clinical nurse
speciality or nurse practitioner course in all specialities of nursing and midwifery qualification within a
period of six months, in such manner as may be specified by regulations.

(4) Where the Nursing and Midwifery Undergraduate and Postgraduate Education Board decides to

grant recognition to a nursing and midwifery qualification, it shall include such qualification in the list
maintained by it and also specify the date of effect of such recognition.

(5) An institution or University aggrieved by the decision under sub-section (3) may, within sixty days

from the communication of such decision, prefer an appeal to the National Commission and the National
Commission shall, within a period of sixty days from the date of filing of such appeal, pass such orders as
it thinks fit, after giving an opportunity of being heard.

(6) Where the National Commission decides not to grant recognition to the nursing and midwifery

qualification or fails to take a decision within the specified period, the University or nursing and midwifery
institution concerned may prefer a second appeal to the Central Government within a period of thirty days
of the communication of such decision or after the lapse of specified period, as the case may be.

(7) All nursing and midwifery qualifications which have been recognised before the date of

commencement of this Act and are included in the Part I and Part II of the Schedule to the Indian Nursing
Council Act, 1947 (48 of 1947), shall also be recognised nursing and midwifery qualifications for the
purposes of this Act, and shall be listed and maintained by the Nursing and Midwifery Undergraduate and
Postgraduate Education Board in such manner as may be specified by regulations.

(8) If any authority within a State, being recognised by the State Government in consultation with the

State Commission or any autonomous body, if any, for the purpose of granting any qualification, grants a
qualification which is not recognised by the National Commission, then, such authority may apply to the
National Commission to have such qualification recognised, and the National Commission may declare that
such qualification, or such qualification only when granted after a specified date, shall be a recognised
qualification for the purposes of this Act.

(9) Every State Government may, for the purposes of addressing or promoting public health nursing

and midwifery practice in rural areas, take necessary measures to enhance the capacity of the nursing and
midwifery professionals.

**29. Recognition of nursing and midwifery qualifications granted by nursing and midwifery**

**institutions outside India.—(1) Where an authority in any country outside India, which by the law of that**
country is entrusted with the recognition of nursing and midwifery qualifications in that country, makes an
application to the National Commission for granting recognition to such nursing and midwifery
qualification in India, the National Commission may, subject to such verification as it may deem necessary,
either grant or refuse to grant recognition to that nursing and midwifery qualification:

Provided that the National Commission shall give a reasonable opportunity of being heard to such

authority before refusing to grant such recognition.

(2) The nursing and midwifery qualification, which is granted recognition by the National Commission

under sub-section (1), shall be a recognised nursing and midwifery qualification for the purposes of this
Act, and such qualification shall be listed and maintained by the National Commission in such manner as
may be specified by regulations:

22


-----

Provided that practice by a person possessing such qualification shall be permitted in such manner as

may be specified by regulations.

(3) Where the National Commission refuses to grant recognition to the nursing and midwifery

qualification under sub-section (1), the authority concerned may prefer an appeal to the Central Government
against such decision within a period of thirty days of communication thereof and the Central Government
shall dispose of the appeal within a period of ninety days from the date of such appeal.

(4) The mutual recognition of the qualifications for reciprocal registration of nursing and idwifery

professionals between two countries shall be done in such manner as may be specified by regulations.

**30. Recognition of nursing and midwifery qualifications granted by statutory or other body in**

**India.—(1) The nursing and midwifery qualifications granted by any statutory or other recognised body in**
India before the commencement of this Act shall be recognised as nursing and midwifery qualifications in
such manner as may be specified by the National Commission for the purposes of this Act.

(2) The Central Government may, on the recommendation of the National Commission, and having

regard to the objects of this Act, by notification, add to, or, as the case may be, omit any category of nursing
and midwifery qualifications granted by a statutory or other body in India and on such addition, or as the
case may be, omission, the nursing and midwifery qualifications granted by such statutory or other body in
India shall be, or shall cease to be, recognised nursing and midwifery qualifications for the purposes of this Act.

**31. Withdrawal of recognition granted to nursing and midwifery qualification granted by nursing**

**and midwifery institutions in India.—(1) Where, upon receiving the recommendations or report from the**
Nursing and Midwifery Assessment and Rating Board under section 19, or from a State Commission or a
State Government or otherwise, if the National Commission is of the opinion that—

(a) the courses of study and examination to be undergone in, or the proficiency required from

candidates at any examination held by, a University or nursing and midwifery institution do not
conform to the standards specified by the Nursing and Midwifery Undergraduate and Postgraduate
Education Board; or

(b) the standards and norms for infrastructure, faculty and quality of education in the nursing and

midwifery institution, as determined by the Nursing and Midwifery Undergraduate and Postgraduate
Education Board are not adhered to by any University or nursing and midwifery institution, and such
University or nursing and midwifery institution has failed to take necessary corrective action to
maintain specified minimum standards,

the National Commission may initiate action in accordance with the provisions of sub-section (2).

(2) The National Commission shall, after making such further inquiry as it deems fit, and after holding

consultations with the concerned State Government and the authority of the concerned University or nursing
and midwifery institution, comes to the conclusion that the recognition granted to a nursing and midwifery
qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such qualification
and direct the Nursing and Midwifery Undergraduate and Postgraduate Education Board to amend the
entries against the University or nursing and midwifery institution concerned in the list maintained by that
Board to the effect that the recognition granted to such nursing and midwifery qualification is withdrawn
with effect from the date specified in that order.

**32. Special provision in certain cases for recognition of nursing and midwifery**

**qualifications.— Where the National Commission deems it necessary, it may, by an order published in the**
Official Gazette, direct that any nursing and midwifery qualification granted by a nursing and midwifery
institution in a country outside India, after such date as may be specified in that order, shall be a recognised
nursing and midwifery qualification for the purposes of this Act:

Provided that before providing the recognition, the equivalence in terms of curriculum, practical

training and number of years of course may be examined in such manner as may be specified by regulations:

23


-----

Provided further that practice by a person possessing such qualification shall be permitted in such

manner as may be specified by regulations.

**33. Derecognition of nursing and midwifery qualifications granted by nursing and midwifery**

**institutions outside India.— Where, after verification with the authority in any country outside India, the**
National Commission is of the opinion that a recognised nursing and midwifery qualification which is
included in the list maintained by it is to be derecognised, it may, by order, derecognize such nursing and
midwifery qualification and remove it from the list maintained by the National Commission with effect
from the date of such order.

CHAPTER VII

NURSING AND MIDWIFERY ADVISORY COUNCIL

**34. Nursing and Midwifery Advisory Council.—(1) The Central Government shall constitute an**

advisory body to be known as the Nursing and Midwifery Advisory Council.

(2) The Nursing and Midwifery Advisory Council (hereafter in this Chapter referred to as the Advisory

Council) shall consist of a Chairperson and the following Members, namely:—

(a) the Chairperson of the National Commission shall be the ex officio Chairperson of the Advisory

Council;

(b) one officer not below the rank of Joint Secretary representing Ministry of Ayush—Member,

_ex officio;_

(c) Presidents of the three Autonomous Boards—Members, ex officio;

(d) Secretary of the National Commission—Member, ex officio;

(e) one person to represent each State and each Union territory who shall be a Dean (Nursing) or

Principal of a nursing and midwifery institution in that State or Union territory, as the case may be, or
the representative of the State Nursing and Midwifery Commission, to be nominated by that State
Government or by the Ministry of Home Affairs, Government of India in the case of Union territory—
Member;

(f) the Chairman, University Grants Commission—Member, ex officio;

(g) the Director, National Assessment and Accreditation Council—Member, ex officio;

(h) one representative from Indian Council of Medical Research not below the rank of Additional

Director General—Member, ex officio;

(i) three Directors, one each to represent the Indian Institute of Technology, the Indian Institute of

Management and the Indian Institute of Science, to be nominated by the Central Government—
Members, ex officio;

(j) Head of any three national level professional nursing and midwifery association, to be nominated

by the Chairperson of the Advisory Council, so that there shall be adequate representation of major
stakeholders—Members.

(3) The Members nominated under clauses (e) and (j) of sub-section (2) shall hold office for a term not

exceeding four years, as the Central Government may notify in this behalf, from the date on which they
enter upon their office.

**35. Functions of Nursing and Midwifery Advisory Council.—(1) The Advisory Council shall be**

the primary platform through which the States and Union territories may put forth their views and concerns
before the National Commission and help in shaping the overall agenda, policy and action relating to
nursing and midwifery education, services, raining and research.

24


-----

(2) The Advisory Council shall advise the National Commission on measures to determine and

maintain, and to co-ordinate maintenance of, the minimum standards in all matters relating to nursing and
midwifery education, services, training and research.

(3) The Advisory Council shall advise the National Commission on measures to enhance equitable

access to nursing and midwifery education, services, training and research.

**36. Meetings of Nursing and Midwifery Advisory Council.—(1) The Advisory Council shall meet**

at least once a year at such time and place as may be decided by its Chairperson.

(2) The Chairperson of the Advisory Council shall preside over the meeting of the Advisory Council

and if for any reason the Chairperson is unable to attend a meeting of the Advisory Council, such other
Member as may be nominated by the Chairperson shall preside over such meeting.

(3) Unless the procedure is otherwise provided by regulations, two-thirds of the Members of the

Advisory Council including the Chairperson shall form the quorum and all acts of the Advisory Council
shall be decided by a majority of the Members present and voting.

(4) The Members nominated under clauses (e) and (j) of sub-section (2) of section 34 shall hold office

for a term not exceeding four years, as may be notified by the Central Government in this behalf.

CHAPTER VIII

GRANTS, AUDIT AND ACCOUNTS

**37. Grants by Central Government.—The Central Government may, after due appropriation made**

by Parliament by law in this behalf, make to the National Commission grants of such sums of money as the
Central Government may think fit.

**38. National Nursing and Midwifery Commission Fund.—(1) There shall be constituted a fund to**

be called the National Nursing and Midwifery Commission Fund, which shall form part of the public
account of India and there shall be credited thereto—

(a) all fees, penalties and charges received by the National Commission and the Autonomous

Boards;

(b) all sums received by the National Commission from such other sources as may be

decided by it.

(2) The Fund shall be applied for making payment towards—

(a) the salaries and allowances payable to the Chairperson, Secretary and Members of the National

Commission, the Presidents and Members of the Autonomous Boards and the administrative expenses
including the salaries and allowances payable to the officers and other employees of the National
Commission and Autonomous Boards;

(b) the expenses incurred in carrying out the provisions of this Act, including in connection with

the discharge of the functions of the National Commission and the Autonomous Boards.

**39.** **Audit and accounts.—(1) The National Commission shall maintain proper accounts and other**

relevant records and prepare an annual statement of accounts in such form as may be prescribed, in
consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the National Commission shall be audited by the Comptroller and Auditor-General

of India at such intervals as may be specified by him and any expenditure incurred in connection with such
audit shall be payable by the National Commission to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection

with the audit of the accounts of the National Commission shall have the same rights and privileges and
authority in connection with such audit as the Comptroller and Auditor-General generally has in connection

25


-----

with the audit of Government accounts and in particular, shall have the right to demand the production of,
and complete access to, records, books, accounts, connected vouchers and other documents and papers and
to inspect the office of the National Commission.

(4) The accounts of the National Commission as certified by the Comptroller and Auditor-General of

India or any other person appointed by him in this behalf, together with the audit report thereon, shall be
forwarded annually by the National Commission to the Central Government which shall cause the same to
be laid, as soon as may be after it is received, before each House of Parliament.

**40. Furnishing of returns and reports to Central Government.—(1) The National Commission shall**

furnish to the Central Government, at such time, in such form and in such manner, as may be prescribed or
as the Central Government may direct, such reports and statements, containing such particulars in regard to
any matter under the jurisdiction of the National Commission, as the Central Government may, from time
to time, require.

(2) The National Commission shall prepare, once every year, in such form and at such time as may be

prescribed, an annual report, giving a summary of its activities during the previous year and copies of the
report shall be forwarded to the Central Government.

(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as

soon as may be after it is received, before each House of Parliament.

CHAPTER IX

MISCELLANEOUS

**41. Power of Central Government to give directions to National Commission, Autonomous**

**Boards and Nursing and Midwifery Advisory Council.—(1) Without prejudice to the provisions of this**
Act, the National Commission, the Autonomous Boards and the Nursing and Midwifery Advisory Council
shall, in exercise of their powers and discharge of their functions under this Act, be bound by such directions
on questions of policy as the Central Government may give in writing to them from time to time:

Provided that the National Commission, the Autonomous Boards and the Advisory Council shall, as

far as practicable, be given an opportunity to express their views before any direction is given under this
sub-section.

(2) The decision of the Central Government whether a question is one of policy or not, shall be final.

**42. Power of Central Government to give directions to State Governments.—The Central**

Government may give such directions, as it may deem necessary, to a State Government for carrying out
all or any of the provisions of this Act and the State Government shall comply with such directions.

**43. Power of National Commission to give directions to State Commissions.—The National**

Commission may give such directions, as it may deem necessary, to a State Commission for carrying out
all or any of the provisions of this Act and the State Commission shall comply with such directions.

**44. Information to be furnished by National Commission and publication thereof.—(1) The**

National Commission shall furnish such reports, copies of its minutes, abstracts of its accounts, and other
information to the Central Government as that Government may require.

(2) The Central Government may publish, in such manner as it may think fit, the reports, minutes,

abstracts of accounts and other information furnished to it under sub-section (1).

**45. Obligation of Universities and nursing and midwifery institutions.—Every University and**

nursing and midwifery institution governed under this Act shall maintain a website at all times and display
on its website all such information as may be required by the National Commission or an Autonomous
Board, as the case may be.

26


-----

**46. Completion of courses of studies in nursing and midwifery institutions.—(1) Notwithstanding**

anything contained in this Act, any student who was studying for a degree, diploma or certificate in any
nursing and midwifery institution, immediately before the commencement of this Act, shall continue to so
study and complete his course for such degree, diploma or certificate, and such institution shall continue to
provide instructions and examination for such student in accordance with the syllabus and studies as existed
before such commencement, and that student shall be deemed to have completed his course of study under
this Act and shall be awarded degree, diploma or certificate under this Act.

(2) Notwithstanding anything contained in this Act, where recognition granted to a nursing institution

has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason, such nursing
institution shall continue to maintain and provide the minimum standards required to be provided under this
Act till such time as all candidates who are admitted in that nursing institution complete their study.

**47. Chairperson, Members, officers of National Commission and of Autonomous Boards, to be**

**public servants.—The Chairperson, Members, officers and other employees of the National Commission**
and State Commissions, and the President, Members and officers and other employees of the Autonomous
Boards, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act,
to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

**48. Protection of action taken in good faith.— No suit, prosecution or other legal proceeding shall**

lie against the Government, the National Commission or any Autonomous Board or a State Commission or
any committee thereof, or any officer or other employee of the Government or of the National Commission
acting under this Act for anything which is in good faith done or intended to be done under this Act or the
rules or regulations made thereunder.

**49. Cognizance of offences.— No court shall take cognizance of an offence punishable under this Act**

except upon a complaint in writing made in this behalf by an officer authorised by the National Commission
or the Nursing and Midwifery Ethics and Registration Board or a State Commission, as the case may be.

**50. Power of Central Government to supersede National Commission.—(1) If, at any time, the**

Central Government is of the opinion that—

(a) the National Commission is unable to discharge the functions and duties imposed on it by or

under the provisions of this Act; or

(b) the National Commission has persistently made default in complying with any direction issued

by the Central Government under this Act or in the discharge of the functions and duties imposed on it
by or under the provisions of this Act,

the Central Government may, by notification, supersede the National Commission for such period, not
exceeding six months, as may be specified in such notification:

Provided that before issuing a notification under this sub-section, the Central Government shall

give a reasonable opportunity to the National Commission to show causeas to why it should not be
superseded and shall consider the explanations and objections, if any, of the National Commission.

(2) Upon the publication of a notification under sub-section (1) superseding the National

Commission—

(a) all its Members shall, as from the date of supersession, vacate their offices as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be

exercised or discharged by or on behalf of the National Commission, shall, until the National
Commission is re-constituted under sub-section (3), be exercised and discharged by such nursing and
midwifery professionals as the Central Government may direct; and

(c) all property owned or controlled by the National Commission shall, until the National

Commission is re-constituted under sub-section (3), vest in the Central Government.

27


-----

(3) On the expiration of the period of supersession specified in the notification issued under

sub-section (1), the Central Government may—

(a) extend the period of supersession for such further term not exceeding six months, as it may

consider necessary; or

(b) re-constitute the National Commission by fresh appointments and in such case the Members

who vacated their offices under clause (a) of sub-section (2) shall not be deemed to be disqualified for
appointment:

Provided that the Central Government may, at any time before the expiration of the period of

supersession, whether as originally specified under sub-section (1) or as extended under this subsection, take action under clause (b) of this sub-section.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of

any action taken under this section and the circumstances leading to such action to be laid before both
Houses of Parliament at the earliest opportunity.

**51. Power of Central Government to make rules.—(1) The Central Government may, subject to the**

condition of previous publication, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide

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

(a) the qualifications and experience required for a nursing and midwifery leader under

clause (q) of section 2;

(b) the six zones referred to in clauses (h) and (i) and the manner of appointing Members of the

National Commission under clauses (g), (h), (i), (j), (k) and (l), of section 4;

(c) the manner of nominating experts by the Central Government under clauses (b) and (c) of sub
section (1) of section 5;

(d) the salary and allowances payable to, and other terms and conditions of service of the

Chairperson and Members under sub-section (5) of section 6;

(e) the form and manner of making declaration under sub-section (7) of section 6;

(f) the qualifications and experience to be possessed by the Secretary of the National Commission

under sub-section (2) of section 8;

(g) the salaries and allowances payable to and other terms and conditions of service of the Secretary,

officers and other employees of the National Commission under sub-section (7) of section 8;

(h) the other functions of the National Commission under clause (o) of sub-section (2) of

section 10;

(i) the manner of choosing Members under sub-section (6) of section 12;

(j) the manner of filling up of vacancies of each Autonomous Board under sub-section (2) of

section 13;

(k) the salary and allowances payable to, and other terms and conditions of service of the President

and Members of an Autonomous Board under sub-sections (3) and (4) of section 13;

(l) the form for preparing annual statement of accounts under sub-section (1) of section 39;

(m) the time within which, and the form and the manner in which, the reports and statements shall

be furnished by the National Commission and the particulars with regard to any matter as may be
required by the Central Government under sub-section (1) of section 40;

28


-----

(n) the form and the time for preparing annual report under sub-section (2) of section 40;

(o) the amount of compensation for which the employees of the erstwhile Indian Nursing Council

shall be entitled under the proviso to sub-section (5) of section 56; and

(p) any other matter in respect of which provision is to be made by rules for carrying out the

purposes of this Act.

**52. Power to make regulations.—(1) The National Commission may, subject to the condition of**

previous publication, make regulations consistent with this Act and the rules made thereunder to carry out
the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may

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

(a) the functions to be discharged by the Secretary of the National Commission under

sub-section (5) of section 8;

(b) the procedure in accordance with which experts, consultants and professionals may be engaged

and the number of such experts, consultants and professionals under sub-section (8) of section 8;

(c) the procedure in accordance with which and the number of experts and domain specialists are

to be invited from foreign countries for meetings of the Commission under sub-section (9) of
section 8;

(d) the procedure to be followed at the meetings of National Commission, including the quorum at

its meetings under sub-section (3) of section 9;

(e) steps to be taken for the coordinated and integrated development of education and maintenance

of the standards of delivery of services, with periodic revision under sub-section (1) of section 10;

(f) the purposes of performing its functions by the National Commission under sub-section (2) of

section 10;

(g) the manner of making available and the number of experts, consultants, professionals, officers

and other employees appointed including the experts and domain specialists invited from foreign
countries under section 8, to the Autonomous Boards under section 15;

(h) the manner of determining the minimum requirements and standards of nursing and midwifery

education and examination at undergraduate level and postgraduate level under clause (a) of subsection (1) of section 18;

(i) the manner of developing dynamic competency based curriculum at undergraduate level and

postgraduate level under clause (b) of sub-section (1) of section 18;

(j) prescribing qualifications at the undergraduate level and postgraduate level in nursing and

midwifery and such other particulars under clause (c) of sub-section (1) of section 18;

(k) the standards for setting up of nursing and midwifery institutions for imparting undergraduate

and postgraduate courses, having regard to the needs of the country and the global norms under
clause (d) of sub-section (1) of section 18;

(l) the manner of determining the standards and norms for infrastructure, faculty and quality of

education in nursing and midwifery institutions providing undergraduate and postgraduate nursing and
midwifery education under clause (e) of sub-section (1) of section 18;

(m) the manner of regulating the standards and scope of practice of registered nursing and

midwifery professionals, including nurse practitioners, nursing associates and midwifery associates
who have obtained the nursing and midwifery qualification as provided by Nursing and Midwifery
Undergraduate and Postgraduate Education Board under clause (h), and the manner of regulating the

29


-----

limited prescribing authority in consultation with the National Commission under clause (i), of subsection (1) of section 18;

(n) the manner of determining the procedure for assessing and rating the nursing and midwifery

institutions for their compliance with the standards laid down by the Nursing and Midwifery
Undergraduate and Postgraduate Education Board under clause (a) of sub-section (1) of section 19;

(o) the manner of carrying out inspections of nursing and midwifery institution for assessing and

rating such institutions under clause (c) of sub-section (1) of section 19;

(p) the time and manner of conducting, or where it deems necessary, empaneling independent rating

agencies to conduct, assess and rate all nursing and midwifery institutions, within such period of their
opening under clause (d) of sub-section (1) of section 19;

(q) the manner of making available on the website or in public domain the assessment and ratings

of nursing and midwifery institutions at regular intervals, under clause (e) of sub-section (1) of section
19;

(r) the measures to be taken including the manner of issuing warning, imposition of monetary

penalty, reducing intake or stoppage of admissions and recommending to the National Commission for
withdrawal of recognition, against a nursing and midwifery institution for failure to maintain the
minimum essential standards specified by the Nursing and Midwifery Undergraduate and Postgraduate
Education Board under clause (f) of sub-section (1) of section 19;

(s) the manner of regulating professional conduct and promoting nursing and midwifery ethics

under clause (c) of sub-section (1) of section 20;

(t) the form, particulars and fee for submitting a proposal to the Nursing and Midwifery Assessment

and Rating Board for the purposes of obtaining permission under sub-section (1) of section 21, under
sub-section (2) of the said section;

(u) the manner of preferring appeal to the National Commission under sub-section (5) of

section 21;

(v) other factors to be taken into consideration by the Nursing and Midwifery Assessment and

Rating Board or, as the case may be, the National Commission while approving or disapproving a
proposal under section 22, and the nursing and midwifery institutions set up in such areas which are
eligible for relaxation of the criteria under the said section;

(w) the manner of taking disciplinary actions by the State Commission in respect of any

professional or ethical misconduct by a registered professional under sub-section (3) of section 24;

(x) the manner of receiving the complaints and grievances relating to any professional or ethical

misconduct against a registered professional in a State by the Nursing and Midwifery Ethics and
Registration Board under the first proviso to sub-section (3) of section 24;

(y) the acts of commission or omission which would amount to professional or ethical misconduct

under the Explanation to section 24;

(z) such other particulars to be specified in the online and live National Register maintained by the

Nursing and Midwifery Ethics and Registration Board under sub-section (1) of section 25;

(za) the form and manner in which the National Register is to be maintained under sub-section (2)

of section 25;

(zb) the manner in which a name or qualification may be added to, or removed from, the National

Register and the grounds for adding thereto or removal thereof under sub-section (3) of section 25;

30


-----

(zc) the form and manner in which the National Register shall be made available to the public by

placing it on the website of the Nursing and Midwifery Ethics and Registration Board under sub-section
(5) of section 25;

(zd) the manner of granting a registration as nursing and midwifery professional to a person who

has obtained a recognised nursing and midwifery qualification and getting his name and qualifications
enrolled in the National Register or the State Register for Nursing and Midwifery Professionals under
sub-section (1) of section 26;

(ze) the manner of getting entered the title, diploma or qualification against his name in the National

Register or the State Register under sub-section (3) of section 26;

(zf) the manner of renewal of registration under sub-section (4) of section 26;

(zg) the period and manner in which a foreign citizen may be permitted temporary registration in

India under the proviso to sub-section (1) of section 27;

(zh) the manner of listing and maintaining nursing and midwifery qualification granted by any

University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate
and Postgraduate Education Board under sub-section (1) of section 28;

(zi) the manner of listing and maintaining nursing and midwifery qualification granted by any

University or nursing and midwifery institution in India by the Nursing and Midwifery Undergraduate
and Postgraduate Education Board under sub-section (2) of section 28;

(zj) the manner of examining the application for grant of recognition to an undergraduate or

postgraduate or speciality or clinical nurse speciality or nurse practitioner course in all specialities of
nursing and midwifery qualification under sub-section (3) of section 28;

(zk) the manner of listing and maintaining all nursing and midwifery qualifications which have

been recognised before the date of commencement of this Act and are included in the Part I and Part II
of the Schedule to the Indian Nursing Council Act, 1947 under sub-section (7) of section 28;

(zl) the manner of listing and maintaining the nursing and midwifery qualification, which is granted

recognition by the National Commission and the manner of practice by a person possessing such
qualification under sub-section (2) of section 29;

(zm) the manner of mutual recognition of the qualifications for reciprocal registration of nursing

and midwifery professionals between two countries under sub-section (4) of section 29;

(zn) the manner of examining the equivalence in terms of curriculum, practical.

(zo) the manner in which a person possessing necessary qualification shall be permitted to practice

under the second proviso to section 32;

(zp) the procedure to be followed at the meetings of Nursing and Midwifery Advisory Council

under sub-section (3) of section 36; and

(zq) any other matter in respect of which provision is to be made by regulations for carrying out the

purposes of this Act.

**53. Power of State Government to make rules.—(1) The State Government may, by notification,**

make rules for carrying out the provisions of section 23 and sub-section (9) of section 28.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide

for the qualifications and experience to be possessed by members to be nominated in the State Nursing and
Midwifery Commission under clauses (d), (e) and (f) of sub-section (3) of section 23.

(3) Every rule made under this section shall, as soon as may be, after it is made, be laid before the State

Legislature.

31


-----

**54. Laying of rules, regulations and notifications before Parliament.—Every rule and regulation**

made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued,
before each House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or regulation or notification; both Houses agree that the rule or regulation or
notification should not be made or issued, the rule or regulation or notification shall thereafter have effect
only in such modified form or be of no effect, as the case may be;

so, however, that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation or notification.

**55. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this**

Act, the Central Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to it to be necessary, for removing the difficulty:

Provided that no order shall be made under this section after the expiry of a period of two years from

the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each

House of Parliament.

**56. Repeal and saving.—(1) With effect from such date as the Central Government may appoint in**

this behalf, the Indian Nursing Council Act, 1947 (48 of 1947), shall stand repealed and the Indian Nursing
Council constituted under sub-section (1) of section 3 of the said Act shall stand dissolved.

(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,—

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so

repealed; or

(c) any penalty incurred in respect of any contravention under the Act so repealed; or

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty

as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such
penalty may be imposed as if that Act had not been repealed.

(3) On the dissolution of the Indian Nursing Council, the person appointed as the President and every

other person appointed as the Member of the Indian Nursing Council shall vacate their respective offices
and such President and other Members shall be entitled to claim compensation, fees and allowances for the
premature termination of term of their office for a period not exceeding ninety days.

(4) Every officer who has been appointed on deputation basis in the Indian Nursing Council shall, on

its dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be.

(5) The services of other employees who have been, before the dissolution of the Indian Nursing

Council, employed on regular basis by the Indian Nursing Council, shall continue for no longer than one
year after the enactment of this Act, as an interim arrangement and thereafter, further continuity or otherwise
of their services shall be determined by the National Commission on the basis of their performance appraisal
or evaluation:

Provided that such employees of the erstwhile Indian Nursing Council shall be entitled to compensation

which shall not be less than three months’ pay and allowances, as may be prescribed.

(6) Notwithstanding the repeal of the Indian Nursing Council Act, 1947 (48 of 1947), any order made,

any licence to practice issued, any registration made, any permission to start a new nursing college or
institution, or to start higher course of studies, or for increase in the admission capacity granted, or any

32


-----

recognition of nursing qualifications granted, under the said Act, which are in force as on the date of
commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if
they had been issued or granted under the provisions of this Act or the rules or regulations made thereunder.

**57. Transitory provisions.—(1) The National Commission shall be the successor in interest to the**

Indian Nursing Council including its subsidiaries or owned trusts and all the assets and liabilities of the
Indian Nursing Council shall be deemed to have been transferred to the National Commission.

(2) Notwithstanding the repeal of the Indian Nursing Council Act, 1947 (48 of 1947), the educational

standards, requirements and other provisions of the said Act and the rules and regulations made thereunder
shall continue to be in force and operate till new standards or requirements are specified under this Act or
the rules and regulations made thereunder:

Provided that anything done, or any action taken, as regards the educational standards and requirements

under the enactment under repeal and the rules and regulations made thereunder, shall be deemed to have
been done or taken under the corresponding provisions of this Act and shall continue in force accordingly
unless and until superseded by anything done or by any action taken under this Act.

________

33


-----

